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

Vol. 145 WASHINGTON, WEDNESDAY, FEBRUARY 3, 1999 No. 19 Senate The Senate met at 12 noon and was session until late this afternoon. As and dramatically reducing our public called to order by the President pro previously announced, the Senate will debt. tempore [Mr. THURMOND]. resume consideration of the articles of Mr. President, the Clinton budget is impeachment beginning at 1 p.m. on a historic one. It begins a new era in PRAYER Thursday. budget policymaking and promises to The Chaplain, Dr. Lloyd John I ask unanimous consent that Sen- shape our Nation’s future for years, for Ogilvie, offered the following prayer: ator DASCHLE or his designee be in con- even decades, to come. Gracious God, we echo the prayer of trol of the time between the hours of 12 The Federal Government at long last the psalmist, ‘‘Show me Your ways, O noon today and 1 p.m. and Senator has put its fiscal house in order. Last Lord; teach me Your paths. Lead me in COVERDELL or his designee be in con- year was the first year since 1969 that Your truth and teach me, for You are trol of the time from 1 to 2 p.m. I fur- we ran a budget surplus—a unified the God of my salvation; on You I wait ther ask unanimous consent that be- budget surplus, I point out. This year all the day.’’—(Psalm 25:4–5. We know ginning at 2 p.m. Senators be recog- that surplus will be even larger. And from experience that, when we wait on nized to speak in morning business for many analysts see budget surpluses You, we do renew our strength; we are up to 5 minutes each. continuing for years to come. much more creative thinkers; and our The PRESIDENT pro tempore. With- Our Government is the smallest that relationships are more kind and caring. out objection, it is so ordered. it has been, on a relative basis, in a It is both comforting and challenging Mr. BURNS. I thank my colleagues quarter century, and we have improved to know that You will be with us all for their attention. our fiscal condition for 7 years in a day long. You will hear everything The PRESIDENT pro tempore. The row—the best record in U.S. history. that is said and see all that is done. able Senator from New Jersey is recog- Much of the credit for this success Therefore, we renew our commitment nized. goes to President Clinton and the con- to excellence. In that spirit, we seek Mr. LAUTENBERG. I thank the gressional Democrats, but I hasten to Your guidance in the ongoing business Chair. point out that much of the impetus of the Senate today and the prepara- f that brought us to the point that we are came because we did this in a bi- tions for the next session of the im- MORNING BUSINESS peachment trial tomorrow. The Sen- partisan fashion. And I speak as the ators need You, dear Lord. Thank You Mr. LAUTENBERG. Mr. President, it ranking member of the Budget Com- in advance for answering this prayer is my understanding that now we pro- mittee. The President lent the consid- for Your blessing of each of them ac- ceed directly to morning business. Is erable force of his office and his per- cording to her or his particular need that correct? suasion and worked with both Repub- today and for the unity of the Senate The PRESIDING OFFICER (Mr. licans and Democrats to get to this as a whole. You are our Lord and Sav- BURNS). That is correct. fairly enviable position to produce a ior. Amen. f balanced budget agreement. So there is plenty of credit to go around for an ac- f THE CLINTON 2000 BUDGET complishment that is well in place. I RECOGNITION OF THE ACTING Mr. LAUTENBERG. Mr. President, hope we can resume our work in simi- MAJORITY LEADER on Monday morning just past, Presi- larly bipartisan and cooperative ways The PRESIDENT pro tempore. The dent Clinton submitted his annual because there is so much left to be able Senator from Montana is recog- budget to the Congress, but unlike done. nized. prior submissions, this budget is much In my view, President Clinton’s budg- f more than a plan for a single fiscal et submission provides an excellent year; this is a long-term blueprint for roadmap for that work. The heart of SCHEDULE the 21st century. It prepares for the im- the President’s plan is its allocation of Mr. BURNS. Mr. President, on behalf pending retirement of the baby roughly 90 percent of projected budget of the majority leader, today the Sen- boomers. It ensures that younger surpluses to three key areas: Saving ate will be in a period of morning busi- Americans will enjoy the security of Social Security, strengthening Medi- ness to allow Senators to speak and in- Social Security and Medicare. And it care, and cutting taxes to promote sav- troduce legislation. There are a num- provides a $500 billion tax cut to pro- ings for ordinary Americans. ber of Senators who have indicated a mote savings by ordinary Americans. Social Security now is projected to desire to speak, and therefore Senators Now, importantly, it achieves these be insolvent by 2032. The President’s should expect the Senate to be in full goals while increasing national savings plan would preserve the program until

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

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VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1116 CONGRESSIONAL RECORD — SENATE February 3, 1999 2055. The plan also would extend Medi- our communities by hiring more police President Clinton’s budget reflects care solvency from the year 2008 to officers, cleaning up our environment, the values and priorities of most Amer- 2020. and fighting sprawl. We cannot go into icans, and I hope that many of its pro- In addition, the budget includes a every detail of the budget here today, posals will enjoy bipartisan support. $500 billion tax cut to promote savings but overall I think this is an excellent The American public loves it when we among ordinary Americans in new proposal. It is bold, it is innovative, work in a bipartisan fashion, and I ‘‘USA accounts.’’ That is way more and it has the right priorities for our noted that when we got to the balanced than a tax cut; it is a way to help all future. budget agreement for fiscal year 1997. Americans invest in the private sector Unfortunately, I have been dis- We had all kinds of comments—it is a and share in the benefits of economic appointed that the response to the pleasure not to see any bickering, not growth. President’s budget, like other things to see any sharp diatribes, not to see These priorities—saving Social Secu- that happen in Congress, has so far any acerbic discussions; it is a pleasure rity, strengthening Medicare, and cut- been too partisan. Some Republicans to see Senators working together on ting taxes for retirement—are all de- have accused the President of return- behalf of all Americans. signed to increase savings, and that is ing to an era of big government. This So this focus for this budget is on the essential. After all, while we have a claim is so preposterous it is difficult future: saving Social Security, unified surplus today, our public debt— to take it seriously when we look at strengthening Medicare, providing tax that debt owed outside our Govern- the amounts of moneys being spent on cuts and promoting savings for ordi- ment—is still $3.7 trillion. That is the government and see that, relative to nary Americans. Together these poli- debt owed to the public. We will also the GDP, it is at the lowest point that cies will help ensure a vibrant economy it has been since 1974. This budget, face huge unfunded liabilities when the and a secure future for all Americans. after all, would reserve almost 90 per- baby boomers begin to retire. So I hope my colleagues will support cent of the surpluses for debt reduc- We need to prepare for that future, the President’s approach. I look for- tion. It would be hard to get more fis- and that is why it is important that we ward to doing what I can to work with pay off our debts, reduce interest costs, cally responsible. I respect the views of my Republican them to address the serious fiscal and increase private investment. Fed- issues facing our Nation and to prepare eral Reserve Board Chairman Alan colleagues who have honest disagree- ments with the President. I hope we us for the 21st century, which I think Greenspan testified that that is the can work together on this budget issue. can become the second American cen- best way to promote long-term eco- However, I do want to express my tury. nomic growth. And it is the only way strong opposition to one element of the I yield the floor. to ensure that when the baby boomers Republican’s budget plan, and that is The PRESIDING OFFICER. The Sen- retire we will be able to meet our obli- their proposal for cuts across the board ator from Massachusetts. gations. in tax rates. f Beyond devoting most of the budget I want to emphasize that I strongly surpluses for savings, President Clin- THE NEED FOR PRESCRIPTION support tax relief for ordinary Ameri- DRUG COVERAGE IN MEDICARE ton’s budget also includes some impor- cans. In particular, I support the $500- tant investments in our future. All are plus billion in tax cuts for savings that Mr. KENNEDY. Mr. President, senior fully offset as required by budget rules are included in the President’s budget citizens deserve coverage of prescrip- and therefore protect the budget caps. for ordinary Americans. Unfortunately, tion drugs under Medicare, and it is Perhaps most importantly, the budg- the Republican position is to spend time for Congress to see that they get et makes a strong commitment to much of the budget surplus for tax rate it. quality education. It would help mod- cuts that go disproportionately to Medicare is a compact between work- ernize our schools, hire more teachers, Americans with the highest incomes. ers and their government that says, reduce class size, and improve edu- According to one analysis, the Re- ‘‘Work hard, pay into the system when cational standards. Together these ini- publican proposal would provide more you are young, and we will guarantee tiatives would help ensure that Ameri- than $20,000 for those in the top 1 per- health security in your retirement.’’ cans are equipped to compete in the cent of earners who have incomes of But that commitment is being broken global economy. Everyone is aware more than $800,000. Just look at the every day, because Medicare does not that this century, the 20th century, has chart. It looks like a fairly ridiculous cover prescription drugs. been defined as the American century comparison, but the top 1 percent of Prescription drug bills eat up a dis- because of the progress that we made. those earning $833,000—those folks are proportionate share of the income of After winning two World Wars and hav- in the top 1 percent; that is not the en- the typical elderly household. Senior ing engaged in other conflicts that ul- tire 1 percent—they would get a tax citizens spend three times more of timately produced peace, American cut of $20,697, but the person who works their income on health care than per- leadership was at the helm of global hard and is included in the 60 percent sons under 65, and they account for economic growth. of our American wage earners whose one-third of all prescription drug ex- The budget also calls for a variety of incomes are below $38,000 would get a penditures. Yet they make-up only 12 other targeted tax cuts such as new $99 tax cut. Mr. President, $20,000 for percent of the population. credits to help families support long- the high-income wealthy people, $99 for The greatest gap in Medicare—and term care and child care. It increases the average American; it is not fair and the greatest anachronism—is its fail- our commitment to our men and I hope that it will be reconsidered by ure to cover prescription drugs. women in the military. It was made our friends on the Republican side. Because of this gap and other gaps in clear in newspapers across the country Even worse, these tax breaks for the Medicare coverage, and the growing in the last few days that we are having highest income Americans would come cost of the Part B premium, Medicare significant problems recruiting and re- at the direct expense of Medicare. now pays only 50% of the out-of-pocket taining those people that we would like Medicare has become such an impor- medical costs of the elderly. On aver- to have serve us in the military. So it tant program in our society, such a age, senior citizens now spend almost reflects the President’s commitment to commitment, that it is valued by as much of their income on health care strengthen that; possibly to encourage Americans across the board. We see its as they did before Medicare was en- young people to spend some time in the effects on the better health and the acted. military and to encourage those who longevity that our citizens enjoy and Prescription drugs are the single have experience and longevity to con- the quality of life they experience in largest out-of-pocket cost to the elder- tinue to do the job that they are capa- those longer lives in their later years. ly for health services. The average sen- ble of and not be attracted simply by a So it would be wrong to sacrifice some ior citizen fills an average of eighteen momentary better opportunity in the addition to the solvency of Medicare prescriptions a year, and takes four to private sector. for a tax break across the board that six prescriptions daily. Many elderly The budget also reflects the Presi- gives someone earning over $800,000 in Americans face monthly drug bills of dent’s commitment to strengthening a single year a $20,000-plus tax break. $100 or more.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1117 When Medicare was enacted in 1965, these life-saving and life-improving how to follow the instructions that are coverage of prescription drugs in pri- therapies. They have no prescription dispensed with their medications. Too vate insurance policies was rare—and drug coverage from any source. Other often, patients shortchange them- Medicare followed that standard prac- Medicare beneficiaries have some cov- selves. They take half doses or try to tice. Today, 99 percent of employment- erage, but too often it is inadequate, stretch out their prescription to make based health insurance policies provide unreliable and unaffordable. it last longer. This is wrong, and it prescription drug coverage—99 percent. About 6 percent of senior citizens doesn’t have to happen. If elderly pa- But Medicare is caught in a 34-year-old have limited coverage through a Medi- tients know that the drugs they need time warp—and senior citizens are suf- care HMO. While the majority of Medi- will be affordable, compliance will im- fering as a result. care HMO plans offer prescription drug prove, and so will their quality of life. Too many elderly Americans today coverage, the benefits vary widely. President Clinton has correctly iden- face a cruel choice between food on the Some plans cap the benefit at just $300 tified prescription drug coverage as one table and the medicine they need to a year or less. Imagine that, $300 a year of the very highest priorities for Medi- stay healthy or to treat their illnesses. or less. In addition, the current trend care reform. I hope we can reach a Too many senior citizens often take is for HMOs to cut back on drug cov- broad bipartisan consensus in the com- only half the pills their doctor pre- erage or, in extreme cases, leave the ing weeks that any Medicare reform scribes, or don’t even fill needed pre- Medicare market altogether. We have worth the name will include coverage scriptions—because they can’t afford tried to remedy this problem in Massa- of prescription drugs. The health and the high cost of the drugs. Too often, chusetts, but clearly it is a national financial security of millions of senior they are paying twice as much as they problem, and it requires a national so- citizens depend on it, and we owe it to should for their prescription drugs, be- lution. them to act as soon as possible. cause they are forced to pay full price An additional 12 percent of Medicare Mr. President, I suggest the absence when those with private insurance poli- beneficiaries purchase an independent of a quorum. cies get the advantage of negotiated medigap policy with prescription drug The PRESIDING OFFICER. The discounts. As a result, many senior coverage and coverage of other gaps in clerk will call the roll. citizens end up in the hospital—at ex- Medicare. Only three of the ten stand- The legislative clerk proceeded to cessive cost to Medicare—because they ard medigap benefit packages even in- call the roll. Mr. DORGAN. Mr. President, I ask aren’t obtaining the drugs they need or clude insurance for prescription drugs. unanimous consent that the order for are not taking them correctly. As we These plans are difficult to obtain, be- the quorum call be rescinded. enter the new century, pharmaceutical cause even the most generous compa- The PRESIDING OFFICER. Without products are increasingly the source of nies refuse to cover all people who objection, it is so ordered. miracle cures for many dread dis- walk in the door. eases—and senior citizens will be left They fear that only those who ur- f even farther behind if we fail to act. gently need the coverage will sign up, IMPEACHMENT AND THE The 21st century may well be the so the plans contain escape clauses CONSTITUTION century of life sciences. With the sup- that exclude applicants with pre-exist- Mr. DORGAN. Mr. President, I want- port of the American people, Congress ing conditions. Even if they decide to ed to call the attention of my col- is on the way to the goal of doubling issue a policy, often there are no limits leagues to a piece that was written by the budget of the National Institutes of on what these private companies can our distinguished Senator from West Health over the next five years. This charge. As a result, medigap plans with Virginia, our colleague, Senator BYRD, investment is seed money for the addi- drug coverage are often out of reach for that appeared in today’s Washington tional basic research that will enable senior citizens. For those fortunate Post entitled ‘‘Don’t Tinker With Im- scientists to develop new therapies to enough to obtain the coverage, the ben- peachment.’’ improve and extend the lives of senior efits are limited and the costs are high. The reason I want to do that is there citizens and all citizens. Another 10 percent are Medicare are discussions occurring now, accord- In 1998 alone, private industry spent beneficiaries are eligible for coverage ing to some of my colleagues and ac- more than $21 billion for research on under Medicaid. This coverage is an counts in the newspaper and on tele- new medicines and to bring them to important part of the safety net for our vision, about trying to create a mecha- the public. These miracle drugs save poorest elderly and disabled citizens, nism to require a vote in the Senate lives—and they save dollars too, by but it offers no help to the vast major- during the impeachment trial on the preventing unnecessary hospitalization ity of senior citizens. findings of fact prior to a vote on the and expensive surgery. All patients de- Finally, a third of all Medicare bene- articles of impeachment themselves. serve affordable access to these medi- ficiaries have reasonably comprehen- I was just looking at the Constitu- cations. Yet, Medicare, which is the na- sive coverage through a retiree health tion in our Senate manual, and, of tion’s largest insurer, does not cover plan. These plans, which are offered course, article III in the Constitution outpatient prescription drugs, and sen- through their former employers, sup- establishes the basis for impeachment, ior citizens and persons with disabil- plement Medicare, and the prescription and it is simple, direct and provides ities pay a heavy daily price for this drug benefits are often generous. But nothing of the sort that would lead glaring omission. increasingly, retiree health benefits Senators to believe that they can bifur- America’s senior citizens and dis- are on the chopping block as companies cate the vote in the Senate in an im- abled citizens deserve to benefit from cut costs by reducing health spending. peachment trial first to findings of fact new discoveries in the same way that Despite Medicare’s lack of coverage and have a majority vote on findings of other families do. Yet, without negoti- for prescription drugs, their misuse re- fact and then to move toward a vote on ating power, they receive the brunt of sults in preventable illnesses that cost the two articles of impeachment that cost-shifting—with often devastating Medicare as much as $16 billion annu- are currently in front of the Senate. results. In the words of a recent report ally, while imposing vast misery on But I think the article written by our by Standard & Poor’s, ‘‘Drugmakers senior citizens. It is in our best inter- colleague, Senator BYRD, provides the have historically raised prices to pri- est, and in the best interest of Medi- best description of the difficulty with vate customers to compensate for the care, to reform it in ways that encour- these findings of fact. Let me read just discounts they grant to managed care age proper use and minimize these a few comments, and I ask unanimous consumers.’’ The so-called ‘‘private’’ abuses. consent to have the article printed in customers referred to in this report are Savings can be achieved when physi- the RECORD at the conclusion of my re- largely our nation’s mothers, fathers, cians and pharmacists are better edu- marks. aunts, uncles, grandmothers, and cated on the needs of senior citizens The PRESIDING OFFICER. Without grandfathers. and the potential problems they face in objection, it is so ordered. Up to 19 million Medicare bene- obtaining and using their medications. (See Exhibit 1.) ficiaries are forced to fend for them- Savings can also be achieved when Mr. DORGAN. Mr. President, the ar- selves when it comes to purchasing senior citizens are assisted in learning ticle, in part, by Senator BYRD says:

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1118 CONGRESSIONAL RECORD — SENATE February 3, 1999 The notion of trumping the articles of im- his article at the conclusion of my re- squeamish about the likelihood of an all-but- peachment with even a ‘‘broad’’ findings of marks. inevitable acquittal without having some ve- fact flies in the face of what the Framers of This Constitution, written in a room hicle to first register their condemnation of the Constitution intended. They deliberately in Philadelphia over 200 years ago, is the president’s actions. No doubt their mo- set the bar high when it came to the vote on tives are sincere, and I applaud their inge- articles of impeachment, first by requiring a quite a remarkable document. It estab- nuity, but this findings-of-fact proposal is supermajority of two-thirds of the Senate to lished the separation of powers. It es- not the answer. While the Senate sits in the convict, and second, by fusing the penalty— tablished the framework for a new kind impeachment trial, it is not in legislative [that is] removal from office [being the pen- of Government that has worked re- session. The insertion of such a legislative alty]—into the question of guilt. markably well. If those who watch mutant into the impeachment proceedings In voting on articles of impeachment [he these proceedings and become inter- would subject the process to some very ex- goes on to say] senators must answer not one ested in the Constitution would go to perimental genetic engineering. but two questions: Is the president guilty or The notion of trumping the articles of im- not guilty of committing high crimes and that room in Philadelphia, they would peachment with even a ‘‘broad’’ findings of misdemeanors, and, if he is guilty, do his ac- see that that room still exists. It is fact flies in the face of what the Framers of tions warrant removal from office? called the Assembly Room in Constitu- the Constitution intended. They deliberately Continuing to quote from Senator tion Hall. set the bar high when it came to the vote on BYRD’s article: That room, which is smaller than the articles of impeachment, first by requiring a supermajority of two-thirds of the Senate to This was not a casual coupling on the part Senate Chamber, has a chair in the convict, and second, by fusing the penalty— of the Framers. Their intent was to force front of the room where George Wash- removal from office—into the question of senators to set aside their own passions and ington sat as he presided over that guilt. prejudices and focus instead on the best in- Chamber. The same chair sits there In voting on articles of impeachment, sen- terests of the nation. To lift this burden today. And you will see where Mason ators must answer not one but two ques- from the shoulders of senators by offering sat, Madison, Franklin, and others who tions: Is the president guilty or not guilty of them a way to convict the president without wrote this Constitution. They wrote it committing high crimes and misdemeanors, having to accept responsibility for removing and, if he is guilty, do his actions warrant him from office would, in effect, bastardize on a hot Philadelphia summer with the curtains drawn to keep the heat out of removal from office? the impeachment process. This was not a casual coupling on the part Moreover [he says] the aftershocks would that room, and they created this re- of the Framers. Their intent was to force be felt long after this impeachment has markable document that is printed senators to set aside their own passions and faded into history. No longer would senators here in the Senate Manual. And that is prejudices and focus instead on the best in- be confined to the articles of impeachment the document by which we in the Sen- terests of the nation. To lift this burden formulated by the House of Representatives. ate are now conducting an impeach- from the shoulders of senators by offering No longer would senators need a two-thirds them a way to convict the president without majority vote to pronounce a president ment trial. having to accept responsibility for removing guilty. From this time forward, they could I come to the floor today only to say him from office would, in effect, bastardize cite the precedent set by the Senate in the that I think there is great danger in believing there are things written in the impeachment process. 106th Congress as giving them carte blanche Moreover, the aftershocks would be felt to write, and approve by a simple majority, this Constitution that don’t exist in long after this impeachment has faded into ersatz articles of impeachment cloaked as the Constitution. There is danger, in history. No longer would senators be con- ‘‘findings of fact.’’ my judgment, in suggesting ways or fined to the articles of impeachment formu- Senator BYRD, as always, finds the mechanisms by which some can vote lated by the House of Representatives. No bull’s-eye in this debate. This is not and create majority votes on some ex- longer would senators need a two thirds ma- some ordinary debate; this is a debate traordinary findings of fact that are jority vote to pronounce a president guilty. about constitutional requirements and not provided for in this Constitution. From this time forward, they could cite the responsibilities and what the provi- In this impeachment trial, there is precedent set by the Senate in the 106th Con- sions of the Constitution mean with re- gress as giving them carte blanche to write, one of two results, and that is a vote on and approve by a simple majority, ersatz ar- spect to impeachment. the two articles of impeachment that ticles of impeachment cloaked as ‘‘findings The impeachment article provisions have been sent to the U.S. Senate by of fact.’’ of the Constitution require, when im- the House of Representatives. That And why stop at findings of fact? If the peachment articles are voted by the vote will be a vote cast by each and Senate can ignore the intent of the Framers U.S. House of Representatives and sent every Member of this Senate, and the to combine a guilty verdict with removal to the Senate, that a trial must com- vote will be either a vote to convict or from office in an impeachment trial, maybe senators can find a way around the constitu- mence, and the vote on the articles of a vote to acquit—guilty or not guilty impeachment would be conducted by tional prohibition against bills of attainder, on the two articles of impeachment. or legislative punishments. the Senate; and two-thirds of the Sen- And my hope is that when the Senate The Senate impeachment trial takes place ate would have to vote guilty on those reconvenes in the impeachment trial, in a quasi-judicial setting, and findings of articles of impeachment in order to re- all Senators will have read this rather fact would move the Senate headlong into an move a President from office. remarkable article by the preeminent area reserved for the judicial system, where But it doesn’t bifurcate the vote, constitutional scholar in this Chamber the Senate, under the separation of powers principle, dares not go. doesn’t call for extra procedures, and the historian of this U.S. Senate, doesn’t call for findings of fact, doesn’t Findings of fact would become part of a the esteemed Senator BYRD. quasi-judicial record that could not subse- allow some Senators to say, ‘‘Yes, EXHIBIT 1 quently be amended or overturned. Could that’s what the Constitution says but [From the Washington Post, February 3, such a record of findings of fact be later used we’re going to create a new, or pretend 1999] by an independent counsel before a federal there’s a new, provision in the Con- grand jury in an effort to secure an indict- DON’T TINKER WITH IMPEACHMENT stitution without having the difficulty ment? If this or any president were to be in- (By Robert C. Byrd) of debating Madison and Mason and dicted, could such findings be introduced as Hamilton and Franklin over our pro- While the lawyers are busy deposing wit- evidence in a subsequent trial in an effort to nesses in the Senate impeachment trial of posal. We’ll just pretend it’s in the sway a jury and bring about a conviction? the president, a number of senators are con- Who knows what monsters this rogue gene Constitution. And we’ll have separate tinuing to work quietly behind the scenes to might spawn in future days? votes on findings of fact. And in fact, chart a course that will end the trial with a The impeachment process, as messy and doing that, we can have our own little minimum of political carnage. One route uncomfortable as it may be, is working as vote and create our own little result currently being investigated is a so-called designed. This is neither the time nor the with only 51 Members of the Senate ‘‘findings of fact,’’ an extravagant novelty by place for constitutional improvisation. No voting in favor of our resolution.’’ which a simple majority of the Senate could matter how sincere the motivation, our na- That is a terrible idea and, in my condemn the president’s behavior within the tion and our Constitution will not be well judgment, stands this Constitution, framework of the impeachment process with- served by this sort of seat-of-the-pants tin- out being forced to remove him from office. kering. and the article of impeachment provi- This convict-but-don’t-evict strategy ap- A post-trial censure resolution that does sions in this Constitution, on its head. peals to some senators who have no appetite not cross the line into legislative punish- But Senator BYRD says it much better for prolonging a trial whose outcome is all ment is something else. It can and should be than I do. I will, as I indicated, include but certain. At the same time, they are considered by the Senate after the court of

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1119 impeachment has adjourned sine die. Cen- ities in this country. As the Presiding solution to this crisis. Already I have sure is not meaningless, it will not subvert Officer is well aware, the agricultural cosponsored Senate bill 325, a bill in- the Constitution, and it will be indelibly industry—production, livestock, hogs, troduced by my colleague from Texas, seared into the ineffaceable record of history beef—the farmers can hardly raise Senator KAY BAILEY HUTCHISON, that for all future generations to see and to pon- would amend the Tax Code to add mar- der. For those who fear that it can be ex- them anymore. Many aspects of the ag- punged from the record, be assured that it ricultural industry are under water. ginal producers. I will work as a mem- can never be erased from the history books. This is true of the timber industry. It ber of the Finance Committee to con- Like the mark that was set upon Cain, it is true of the steel industry. It is true sider this and see it is adopted. will follow even beyond the grave. of the mining industry, and certainly I also intend, with Senators from Mr. DORGAN. Mr. President, I yield true of the oil and gas industry. producing States, to consider a non-tax the floor. So as we reflect on the prosperity of means to assist domestic production Mr. MURKOWSKI addressed the this country, it is interesting to note through regulatory and land access Chair. the job losses in the commodities in- issues. The PRESIDING OFFICER. The Sen- dustries of this country—and one has Second, I want to talk about oil-for- ator from Alaska. to wonder when it is going to catch up food and our relations with Iraq. This Mr. MURKOWSKI. Mr. President, I with itself. Of course, we enjoy low gas- deals with our energy security; that is, ask unanimous consent that I may oline prices when we fill our car or our U.S. policy towards Iraq, specifi- have up to 10 minutes to make a state- boat, low heating oil prices when we cally, the U.N. Oil-for-Food Program. Six weeks have passed since President ment. warm our home, and low inflation due Clinton ordered America’s Armed The PRESIDING OFFICER. Without in large measure to low oil prices. Let’s Forces to strike military and security objection, it is so ordered. recognize where it is. targets in Iraq. What has Saddam’s re- Mr. MURKOWSKI. I thank the Chair But a decimated U.S. oil industry gime done since then? They have shot and wish the Presiding Officer a good creates a risk to consumers, to the at U.S. fighter planes on almost a daily day. economy, to our national energy secu- basis. They have challenged Kuwait’s rity. And we only have to look back at f right to exist. They have demanded history. Some say we learn from his- ENERGY SECURITY compensation for U.N. crimes against tory, and some say not much. Well, we Iraq—isn’t that ironic. They have de- Mr. MURKOWSKI. Mr. President, recall the 1973 Arab oil embargo when first of all, I want to raise with my col- manded an end to sanctions and no-fly we were only 36 percent dependent on zones. They have reiterated that no leagues two issues that revolve around foreign imported oil. That had a dev- weapons inspectors will be allowed to energy security. The first issue is the astating impact on consumers and the return. That is a pretty bold state- state of the domestic oil industry and economy. We saw oil shortages, and ment. the second issue is the Oil-for-Food long lines at the gas stations. Many Now, what policy initiative has the Program for Iraq. I think that this people have forgotten that timeframe— Clinton administration launched to marks the first departure from the de- soaring prices, double-digit inflation, deal with Saddam’s defiance? U.S. offi- bate on the impeachment, and I hope and an economy put into recession. cials offered to eliminate the ceiling on the Presiding Officer will find it re- What was the prime rate at that time? the Oil-for-Food Program, a de facto freshing. Well, the prime rate was 20.5 percent in ending of the sanctions on oil exports. Last week, the Energy and Natural 1980. Inflation was in the area of 11 per- My views on the absurdity to this pro- Resources Committee, which I chair, cent—double-digit. posal were included in a recent Wash- held a hearing to review the state of If it happened today, we could be hit ington Post op-ed, and I ask unanimous the domestic petroleum industry, and even harder. And we are getting set up consent that be printed in the RECORD. to assess the threat to our economic for it because we are in worse shape There being no objection, the article security from our growing dependence today than we were in 1973. Since 1973, was ordered to be printed in the on foreign oil. The domestic oil indus- our foreign dependence has grown by RECORD, as follows: try in the United States is in serious leaps and bounds. U.S. crude oil pro- [From the Washington Post, Jan. 25, 1999] trouble. Companies are laying off duction dropped by one-third. U.S. oil OUR TOOTHLESS POLICY ON IRAQ workers in droves. In my State of Alas- imports—oil imports—soared by two- (By Frank H. Murkowski) ka, British Petroleum, just announced thirds. On the eve of Operation Desert Fox, Presi- the layoff of some 600 workers, and an- Today, U.S. foreign oil dependence is dent Clinton announced to the nation that other one of our major oil companies 56 percent, compared to 36 percent back ‘‘we are delivering a powerful message to lost somewhere in the area of just in 1973. Our excessive foreign oil de- Saddam.’’ That message now appears to be under $800 million in the last quarter of pendence puts our national energy se- that as long as Saddam Hussein refuses to 1998. cooperate with inspections, refuses to com- curity interests at stake and hence our ply with U.N. resolutions and refuses to stop Exploration and drilling budgets are national security at stake. We can’t illegally smuggling out oil, he will be re- way down. Drilling contractors have forget that the United States went to warded by the de facto ending of economic been cut to the bone. Marginal and war in 1991 when Iraq invaded Kuwait sanctions. stripper wells are being shut in. These and threatened the world oil supplies. At least, that was the message sent by the are production capabilities, Mr. Presi- Part of that was our supply. U.S. Ambassador to the United Nations dent, that, once lost, will unlikely be In 1995, President Clinton issued a Peter Burleigh on Jan. 14 when he offered a regained. These, to a large degree, rep- plan to eliminate the ceiling on how much Presidential finding that imports of oil oil Iraq can sell abroad. This proposal was in resent an ongoing operating petroleum threatened our national security, and a reaction to a proposal (made by France and reserve—one might conclude a stra- short time ago the U.S. bombed Iraq supported by Russia and China) to end the tegic petroleum reserve—because while because Saddam continues to threaten Iraq oil embargo. they are small, they are substantial in the stability in the Persian Gulf. Well, Do not be fooled. The distinctions between their numbers and contribute to do- it is fair to say, Mr. President, if we do the U.S. plan and the French plan are mean- mestic production. nothing, what will happen: We know ingless. This is the end of the U.N. sanctions regime. Security Council Resolution 687, Now, to quote a recent report by the things are going to get worse. passed in 1991 at the end of the Gulf War, re- John S. Herold Company, 1998 was a The Department of Energy projects quires that international economic sanc- ‘‘catastrophe’’ for the U.S. oil industry, in the year 2010 U.S. foreign depend- tions, including an embargo on the sale of oil ‘‘nothing short of murderous for inves- ence will hit about 68 percent. That from Iraq, remain in place until Iraq dis- tors’’ in that industry. We are seeing means we will be depending on foreign closes and destroys its weapons of mass de- mergers and consolidations, significant sources for 68 percent of our oil supply. struction programs and capabilities and un- implications for the Nation’s energy I don’t think we should put our trust dertakes unconditionally never to resume security, and certainly U.S. jobs—30 in foreign oil-producing nations that such activities. This, we know, has not hap- pened. merged companies alone last year. have their interests in mind, not ours. But the teeth in Resolution 687 have effec- This situation in the oil industry is I plan to work closely with the small tively been pulled, one by one, with the in- interesting, as we look at the commod- and independent producers to develop a troduction and then continued expansion of

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1120 CONGRESSIONAL RECORD — SENATE February 3, 1999 the so-called oil-for-food exception to the administration should consider adopting a by a Jan. 25 op-ed by Sen. Frank Murkowski sanctions. Although the humanitarian goals policy similar to the air blockade we enforce (R-Alaska). Both took issue with what the of the oil-for-food program are worthy, Sad- in the ‘‘no-fly’’ zone. A strictly enforced ‘‘no- editorial referred to—incompletely—as an dam Hussein already has subverted the pro- oil-export’’ policy is what is called for. administration statement offering ‘‘to elimi- gram to his own benefit by using increased Only then will Saddam Hussein realize nate the ceiling on how much oil Iraq is per- oil capacity to smuggle oil for hard cash and that cooperation with U.N. inspectors is the mitted to sell.’’ The second half of that by freeing up resources he might have been only way to rebuild his economy. The policy statement—which the editorial omitted— forced to use for food and medicine for his predicated on so-called humanitarian read: ‘‘to finance the purchase of food and own people. grounds—oil for food—not only has failed but medicine for the Iraqi people.’’ The increase in illegal sales of petroleum has ensured the survival of Saddam Hussein. Under the U.S. proposal, Iraq could pump products coincided with implementation of Mr. MURKOWSKI. Mr. President, I as much oil as is needed to meet humani- the oil-for-food program in 1995. Part of this don’t have time to go into that in tarian needs. All the revenue would go di- illegally sold oil is moving by truck across rectly to a U.N. escrow account, as it does the Turkish-Iraqi border. A more significant depth, but let me remind my colleagues now. From that account, checks could be amount is moving by sea through the Per- of a few things. One, the United Na- written—directly to the contractor—to buy sian Gulf. Exports of contraband Iraqi oil tions Security Council Resolution 687 food, medicine and other humanitarian sup- through the gulf have jumped some 50-fold in passed in 1991 at the end of the Persian plies, as well as parts for equipment that we the past two years, to nearly half a billion Gulf War requires that international know is being used to pump oil for this pro- dollars. Further, Iraq has been steadily in- economic sanctions, including an em- gram. These supplies then would be distrib- creasing illegal exports of oil to Jordan and bargo on the sale of oil from Iraq, re- uted under U.N. supervision. Saddam would Turkey. never see a dime. Oil is Saddam Hussein’s lifeline; it fuels main in place until Iraq discloses and The Post and Sen. Murkowski also as- his ability to finance his factories of death destroys its weapons of mass destruc- serted that our proposal to increase the flow and rebuild his weapons of mass destruction. tion programs and capabilities and un- of humanitarian aid to Iraq is no different Revenue from oil exports historically has dertakes unconditionally never to re- from proposals to lift sanctions. In fact, it is represented nearly all of Iraq’s foreign ex- sume such activities. in direct opposition to them. change earnings. In the year preceding Oper- But the teeth in Resolution 687 have If sanctions were lifted, the international ation Desert Storm, Iraq’s export earnings effectively been pulled out one-by-one community no longer could determine how totaled $10.4 billion, with 95 percent attrib- Iraq’s oil revenues are spent. The oil-for-food uted to petroleum. Iraq’s imports during with the introduction and then contin- program would have to be disbanded, not ex- that same year, 1990, totaled only $6.6 bil- ued expansion of the so-called oil-for- panded. Billions of dollars now reserved for lion. food exception to the sanctions: In 1995, the basic needs of the Iraqi people would be- The United States proposes to lift the ceil- UNSCR 986 allowed Iraq to sell $2 bil- come available to Saddam to use as he ing on the only export that matters. In addi- lion worth of oil every 6 months. Iraq pleased. The amount of food and medicine tion, it is prepared to relax the scrutiny ap- produced 1.2 million barrels per day in flowing into Iraq most likely would decline. plied to contracts for spare parts and other 1997. In 1997, UNSCR 1153 doubled the In contrast, under the current program, we equipment needed to get Iraqi industry offer to $5.2 billion in oil every 6 prevent Saddam from spending his nation’s working better. most valuable treasure on what he cares France, China and Russia, of course, did months. Iraq is now producing 2.5 mil- about most—rebuilding his military arse- not support Desert Fox, and have wanted to lion barrels of oil. In 1999, United nal—and force him to spend it on what he lift the Iraq embargo for some time. They States, France, and Saudi Arabia will cares about least—the people of Iraq. From are willing to put economic gain before offer varying plans on removing the Saddam’s point of view, that makes the pro- international security, because these appeas- limit on how much oil Iraq can sell and gram part of the sanctions regime. ers of Iraq stand to earn billions in a post- for what purpose. Indeed, Saddam already has rejected our sanctions world. In fact, earlier this month, This means that Iraq’s oil production initiative to expand it. He knows that every the U.N. released more than $81 million drop of oil sold to feed the Iraqi people is a under the expanded oil-for-food program to of 2.5 million barrels per day equals— drop of oil that will never be sold to feed his enable Iraq to buy electrical generating their production now equals—the pre- war machine. Oil for food means no oil for equipment, nearly all of which ($74.9 million) war production levels in the year pre- tanks. will come from China. Will these new tur- ceding Desert Storm. Iraq’s export Saddam’s intent is clear: He is cynically bines merely guarantee an uninterrupted earnings total $10.4 billion, with 95 per- trying to exploit the suffering of his people— power supply for Saddam Hussien’s poison cent attributed to oil, which is Iraq’s for which he is responsible—to gain sym- gas facilities? only significant identifiable cash flow. pathy for his cause and to create a rift in the Why is the Clinton administration pre- international coalition arrayed against him. pared to take this course? Because our Iraq Iraq’s imports that same year were In this way, he hopes to build support for policy is bankrupt. We have relied on Koki only $6.6 billion. ending sanctions so that he can resume his Annan and the Iraq appeasers to sign mean- The President’s National Security effort to acquire weapons of mass destruc- ingless deals with Saddam Hussein regarding Advisor, Sandy Berger, takes issue tion. inspections that were useless from the mo- with my characterization of the U.S. But he is failing. In recent weeks, opinion ment they were signed. When we called back proposal. In a Washington Post edi- has hardened against Saddam in Arab coun- our aircraft at the last moment in October, torial, he said that under the Oil-for- tries. On Sunday, the Arab League called on despite the unanimous support of the Secu- Food Program: Iraq to stop provoking its neighbors and to rity Council for the attack, our Iraq policy comply with U.N. resolutions. Newspapers in suffered a near-fatal collapse. It finally did We prevent Saddam from spending his na- Egypt and Saudi Arabia have called for collapse when we decided to strike at a time tion’s most valuable treasure on what he Saddam’s ouster. But there remains strong when the president’s credibility was at its cares about most—rebuilding his military ar- public sympathy for the Iraqi people. lowest and the approach of Ramadan guaran- senal—and force him to spend it on what he The effect of our policy is to make clear teed Saddam Hussien easily could outlast cares about least—the people of Iraq. From that the source of hunger and sickness in our attack. Indeed the absurdity of our pol- Saddam’s point of view, that makes the pro- Iraq is not sanctions but Saddam. After the icy is reflected in the fact that in December gram part of the sanctions regime. Gulf War ended, the United States made cer- our bombers targeted an oil refinery in Basra I ask unanimous consent that edi- tain that food and medicine would never be and at the end of the attack we pledged sup- torial in the Washington Post be print- subject to sanctions. Saddam always has port to rebuild Iraq’s oil-export capacity. ed in the RECORD. been free to import them. When he refused to The inept policies that have brought us to There being no objection, the article do so, the United States took the lead in pro- this point must be reversed. As a first step, posing that Iraq be allowed to sell controlled the administration ought to turn back from was ordered to be printed in the quantities of its oil in order to purchase hu- its path toward lifting, rather than tight- RECORD, as follows: manitarian supplies. Remarkably, until 1996, ening, the sanctions on Saddam Hussein. [From the Washington Post] Saddam refused to do even that. Second, when the U.N. reconsiders reauthor- Currently, the United Nations allows Iraq OIL FOR FOOD: THE OPPOSITE OF SANCTIONS izing the oil-for-food program in May, the to spend up to $5.2 billion in oil revenue United States should use its veto to end this (By Samuel R. Berger) every six months for humanitarian purposes. program, which has allowed Saddam Hussein The Post’s Jan. 17 editorial ‘‘Rewarding Saddam is so indifferent to the suffering of to rebuild his political and military support. Saddam Hussein’’ endorsed the administra- his people that he still refuses to make full We can bring Saddam Hussein to his knees tion’s policy of containing Iraq and our con- use of this allowance. But the food supply in by eliminating his ability to market any of tinued readiness to back that policy with Iraq has grown, and soon will provide the av- his oil, thereby cutting off his cash flow. Not force. Unfortunately, it also misconstrued erage Iraqi with about 2,200 calories per day, only should the United States strengthen oil important elements of our approach to sanc- which is at the top of the United Nations’ interdiction and inspection operations, the tions to Iraq. The confusion was compounded recommended range.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1121 To leave no doubt about who is responsible There being no objection, the article ommended. A sticking point has been Iraqi for the suffering of Iraq’s people, we are will- was ordered to be printed in the oil exports outside the oil-for-food program, ing to lift the $5.2 billion ceiling to allow RECORD, as follows: namely, shipments to Jordan (80,000 barrels a Iraq—under strict supervision—to use as day of crude and 16,000 barrels a day of oil much oil revenue as is necessary to meet hu- [The Washington Institute, January 19, 1999] products) and the smuggling of oil products manitarian needs. In the meantime, we will ASSESSING PROPOSALS FOR CHANGING U.N. to Turkey and via Iranian waters (the continue to enforce sanctions against Iraq RESTRICTIONS ON IRAQ amounts vary from month to month, with and remain prepared to take action against (By Patrick Clawson, with Nawaf Obaid) the total averaging perhaps 50,000 barrels a day). The United States could adopt a tough any oil facilities being used to circumvent In the last two weeks, France, the United approach—for instance, insisting that Iraq them. States, and Saudi Arabia have all proposed not be allowed to import oil equipment while Critics of this effort imply we should changes in UN restrictions on Iraq. While all illegal exports continue—but that would run starve Iraq into submission. They forget that would have the effect of cutting Saddam starving Iraq is Saddam’s strategy. The oil- counter to the U.S. desire to expand Iraqi some slack, intriguingly, the Saudi plan is humanitarian imports. for-food program helps us to thwart it. about as good as the American. The program does not reward Saddam; it The second element in the U.S. proposal is The French Proposal. The French proposal to expedite humanitarian deliveries and, for further restrains him, while relieving the is soft both on inspections and on sanctions. this purpose, allow Iraq to borrow in order to suffering of ordinary Iraqis. It has helped to In the words of Foreign Minister Hubert import more. Yet, the basic problem with deepen Saddam’s isolation, and it will re- Vedrine, the French proposal aims at ‘‘pre- the oil-for-food program is neither a lack of main a logical part of our strategy against venting any new [emphasis added] develop- money nor an excess of red tape; instead, the him and the threat he poses. ment of weapons of mass destruction problem is that Saddam does not care about Mr. MURKOWSKI. In conclusion, I [WMD].’’ Vedrine proposes no action be the welfare of Iraqis. To generate more pres- don’t care much about Saddam’s point taken about what he describes as ‘‘remaining sure to end the sanctions. Saddam continues of view, but from the point of view of [WMD] stocks that may have escaped control to hinder international relief. For instance, or destruction’’—stocks that include some the plan Iraq submitted to the UN for the this Senator from Alaska, what this long-range missiles and biological weapons program does is allow Saddam to use latest six-month relief program would have materials. The French-proposed inspection provided insufficient protein; this caused the his increased oil capacity to smuggle system would be built on the model of the UN to delay its approval for two weeks (from oil for hard cash and free up resources International Atomic Energy Agency November 29 until December 11) until Iraq he can use to finance his weapons of (IAEA), rather than UNSCOM. Since the Gulf agreed to an extra $150 million for food. mass destruction. Saddam’s cash flow War, the IAEA has continued its practice of Clear proof that Saddam, not UN restric- is oil. The smuggling is documented. looking primarily at fissile material rather tions, is responsible for Iraqi suffering can be The displacement issue is harder to than at the full scope of activities needed to found in the detailed UN reports about the make a nuclear weapon. Intelligence reports improving living conditions in the Kurdish track, but Saddam’s war machine is suggest Iraq has produced weapon compo- still working and his troops are still areas outside Saddam’s control, where the nents from which functioning nuclear weap- UN administers the oil-for-food program di- fit. ons could be assembled soon after Iraq ac- rectly rather than through the Iraqi govern- Let me take issue with the definition quired fissile material. The French proposal ment. of ‘‘humanitarian supplies.’’ The most may be the most intrusive regime that Sad- The fact is that Iraq has ample funds for recent U.N.-approved plan would allow dam would accept. Yet, France is asking the food and medicine. Under current proce- Saddam to spend this oil-for-food wrong question; the issue is not what Sad- dures, Iraq will have the resources to import dam will accept, but what will accomplish money, and I think it is interesting to at least $1.8 billion over the next six months, the goal of eliminating the threat of Iraqi even if prices for its oil stay at $9 per barrel reflect where is he spending his money. WMD. From this perspective, France’s plan and even after the deductions for the Com- Let’s look at it, because I think it comes up short. pensation Fund and UN expenses. But even counters Sandy Berger’s remarks that France has also proposed that Saddam be after the UN modification, Iraq’s plan calls this is going for ‘‘humanitarian’’ pur- permitted to use oil export receipts as he for only $1.6 billion for humanitarian goods: poses: $300 million for petroleum equip- wishes, subject only to the restriction that $1.446 billion for food, medicine, and water ment; $409 million for electricity net- he not import arms or dual-use technologies. and sanitation equipment, and $165 million works; $126 million for telecommuni- The practical effect of this proposal would be for nutrition programs, education needs and, to allow Saddam to reduce food and medicine cation systems; $120 million to buy in the Kurdish north, demining and reset- imports to fund his priorities. The French tling refugees. Any extra money will go for trucks, repair the railway system, and proposal would also eliminate the current activities that not all would call humani- build food warehouses; $180 million for system under which all earnings from ap- tarian. The UN-approved plan authorizes agriculture equipment, including pes- proved Iraqi oil exports go into an escrow ac- $1.135 billion for other purposes; $300 million ticides. count abroad, and each payment out of the for petroleum equipment; $409 million for the What is the humanitarian goal in account requires documentation showing for electricity network; $126 million for the tele- guaranteeing an uninterrupted power what the funds are being used. The French communications system; $120 million to buy would instead trust Iraq to keep honest ac- supply for Saddam’s poison gas facili- trucks, repair the railway system, and build counts and report accurately to the UN, food warehouses; and $180 million for agricul- ties? What is the humanitarian goal in without diverting any money into clandes- tural equipment, including pesticides. The making sure his elite guards can com- tine accounts. telecommunications system repairs are pre- municate with each other? The U.S. Proposal. The U.S. government’s sented as a way to coordinate food and medi- And finally, with a new emphasis on January 14 proposal to the Security Council cine deliveries, but they also allow Saddam building an effective Iraq opposition, I focuses not on the inspection system but in- to stay in touch with his secret police and wonder how an opposition can take stead on what can be done to alleviate hu- military commanders. To date, the United manitarian suffering while sustaining sanc- States has used its veto in the Sanctions root when Saddam is able, through the tions. The first element in the U.S. proposal Oil-for-Food Program, to take care of Committee to block shipments of such dual- would be to allow Saddam to export as much use items, even though such items are au- his citizens’ basic needs? oil as he wants. Such a step may be a good thorized by the plan approved by the Sec- The chairman of the Foreign Rela- way to win a propaganda victory without retary General. Yet, as the January 14 U.S. tions Committee, Senator HELMS, and I having any practical effect, because the UN- proposal focuses on how to increase imports, will be holding a joint hearing of the imposed limit is so far above what Iraq can the United States may consider allowing Foreign Relations Committee and the produce. In the six months to November 1998, more questionable items. Energy Committee next week to ask Iraq exported $3.04 billion through the oil- The U.S. proposal also suggests letting for-food program, or less than 60 percent of Iraq raise money by borrowing from the fund the administration these questions. I the UN limit of $5.26 billion. The practical to compensate those whose property was de- have asked Sandy Berger to come up constraint was not the UN limit, but Iraq’s stroyed when Iraq occupied Kuwait. Eight and defend his arguments, along with production capacity. years after these people suffered a loss, none Secretary Richardson and Under Sec- The only way Iraq can produce more is if it has received more than $10,000. The Com- retary Pickering. can import equipment needed to repair and pensation Commission has approved two I ask unanimous consent to have modernize its oil industry. In 1998, the UN more rounds of payments, mostly to recipi- approved imports of $134 million worth of oil- printed in the RECORD an excellent ents who will get only $2,500 per claim, as field equipment. A team from the Dutch firm soon as it has the funds available. analysis of the various proposals for Saybolt, hired by the UN, visited Iraq in De- The Saudi Proposal. Saudi Arabia’s Crown changing the sanctions by Patrick cember 1998 to identify what more is needed. Prince Abdullah has presented a plan that Clawson from the Washington Insti- The issue is whether to expedite approval of overlaps the U.S. strategy in key areas, call- tute. the $300 million program that team rec- ing for retaining sanctions but abolishing

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1122 CONGRESSIONAL RECORD — SENATE February 3, 1999 the limit on how much oil Iraq can sell and This is simply unconscionable. The perately needed funds to fix our Na- making other changes to speed humanitarian domestic oil industry is on its knees tion’s worn out schools and our over- deliveries. It is also said to call for revamp- right now. But, again, this action by crowded classrooms. It provides tax ing UNSCOM, with few details on what that means (evidently not much change is pro- Interior is symptomatic of Administra- credits to help States and local school posed). Saudi Arabia has lobbied for the plan tion attacks on the domestic energy in- districts build and renovate public vigorously at three meetings of the Gulf Co- dustry. schools, and it continues our commit- operation Council and two other inter-Arab The federal government should work ment to hiring 100,000 new and well- sessions. It is unusual for Saudi Arabia to be to save marginal producers, not put trained teachers. In addition, it pro- so bold at asserting leadership in the region, them out of business. Yet that is just vides flexibility at the local level for and even more unusual for Saudi Arabia to what Interior is doing by issuing an un- schools to ensure all children receive a pursue the plan so tenaciously in the face of fair royalty rule at a time when pro- quality education, and it calls for opposition from those in the region who want to distance themselves from the U.S.— ducers can least afford it. tough new accountability measures to British air strikes. Under the direction of I would ask Secretary Babbitt the hold schools and teachers to high the foreign minister, Prince Saud al-Faysal, following question: How many royal- standards. the Saudis have successfully brought on ties can a bankrupt industry pay? I This budget is by no means perfect. board Egypt, which was initially skeptical. would also ask him if this rule is truly The funding for educating children The Saudi initiative underscores the con- about raising revenue, or is it another with special needs is inadequate, and I vergence of U.S. and Saudi interests on Iraq. Administration scheme to drive petro- Although Riyadh was widely criticized in the will work to address this inequity. The United States for its reluctance to partici- leum producers out of business. After Federal Government has made a com- pate in the December air campaign. Saudi all, 100 percent of zero is zero. mitment to meet 40 percent of the cost policy is in fact closely aligned with Wash- For the record, Mr. President, I will of educating disabled children, but we ington’s. For instance, the political com- be speaking to MMS and looking into have yet to come close. As we work to mentator of the official Saudi news agency this flawed royalty rule. improve our schools and raise our aca- wrote. ‘‘The Iraqi people deserve and need a I yield the floor. demic standards, we must not leave revolution’’ against ‘‘the tyrant of Bagh- The PRESIDING OFFICER. The Sen- disabled children behind. dad,’’ whereas in Egypt, another Arab coun- ator from Washington is recognized for try whose ruler Saddam attacked, the gov- I know that as we go through the ernment confined itself to saying ‘‘the Iraqi 5 minutes. budget process we will have our dis- leadership is primarily responsible for the Mrs. MURRAY. Mr. President, thank agreements, but I am looking forward Iraqi people’s hardships.’’ The reassertion of you. to an open discussion of the issues and leadership in the region by Saudi Arabia, if f working together to accomplish a bi- sustained, would on many issues correspond partisan agreement that serves the well with U.S. interests. THE PRESIDENT’S FY 2000 BUDGET Although it is unlikely that the Saudis American people well. Mrs. MURRAY. Mr. President, I come This budget provides a real frame- will be able to convince enough Arab states here today to talk about our Nation’s to support their plan for the January 24 work for action. I applaud the Presi- meeting of Arab League foreign ministers to first investment in the next century: dent’s pledge to save Social Security endorse it openly, the United States should the budget for the year 2000. I want to and prepare for the challenges of a new lend weight to the Saudi diplomatic effort. say how great it is that we are turning century. Now we must move forward. The Saudi effort focuses Arab attention on our attention to the issues that are im- The clock is ticking. It is time for us the issue most important for U.S. interests— portant to America’s families. to work on the issues and the priorities how to relieve the suffering of the Iraqi peo- When I first came to Washington, DC, of America’s families. ple—rather than on the question raised by the deficit was $290 billion. We had to the French proposal, namely, how to water Thank you, Mr. President. I yield the down inspections so as to win Saddam’s as- make some very tough budget deci- floor. sent. sions to get the Nation’s books back in Ms. COLLINS addressed the Chair. Mr. MURKOWSKI. I will ask the ad- balance. Now our economy is growing The PRESIDING OFFICER (Mr. BUN- ministration to take a different tact to and it is strong. This year, the Office of NING). The Senator from Maine, Ms. tighten, rather than loosen, the Oil-for- Management and Budget projects a COLLINS, is recognized. Food Program, to veto U.N. plans that surplus to be $79 billion. That is the (The remarks of Ms. COLLINS and Mr. allow Saddam to use this money to fi- biggest surplus in American history. It LEVIN pertaining to the introduction of nance nonhumanitarian purchases, and hasn’t been easy to get to this point S. 335 are located in today’s RECORD to strengthen oil interdiction and in- and we still have a lot of work to do. under ‘‘Statements on Introduced Bills spection operations, including adopting Now we have to use this opportunity and Joint Resolutions.’’) something like the ‘‘no-fly’’ zone with to make critical investments in our The PRESIDING OFFICER. The Sen- a ‘‘no-oil’’ vessel zone. Only by taking Nation’s senior citizens and in our chil- ator from Georgia. these measures can the U.N. finally dren. We have an obligation to ensure Mr. COVERDELL. Mr. President, I cripple Saddam’s regime and increase the dignity of the previous generation ask unanimous consent that the next energy security for all Americas. and to prepare the next generation for 60 minutes of morning business be If we cut off Saddam’s oil supply, we a successful future. The budget we have under my control. will bring him to his knees. That is the before the Senate will help us do that. The PRESIDING OFFICER. Without only way it will happen. This budget keeps our commitment objection, it is so ordered. Mr. President, I would like to take a to save Social Security first. It will set f moment to comment on the Depart- aside more than 60 percent of the sur- THE PRESIDENT’S BUDGET ment of the Interior s Mineral Manage- plus to extend the solvency of the So- ment Service proposed oil valuation cial Security trust fund until 2055. And Mr. COVERDELL. Mr. President, the rule. it takes important steps to protect President has now given us his budg- Earlier this week, speaking with re- older women who depend on Social Se- et—quite a remarkable document. gard to the Administration’s FY 2000 curity, but must continue to work to I remember when the President came budget, Secretary Babbitt said, ‘‘We supplement their incomes. This budget to speak to the joint session and said, have met, and talked, and talked, and will increase their survivor’s benefits ‘‘The era of big government is over.’’ talked,’’ about the proposed rule. But I after the deaths of their husbands and There was broad applause—not only in submit that the only talking done by eliminate the earnings limitation. the Chamber but around the country. MMS has been at industry and at Con- This budget will strengthen Medicare Now we are confronted—it is not near- gress, not with them. Mr. President, and provide more stability. It also ly as spot oriented or media driven— the proposed rule by MMS was unfair gives assistance to the elderly and dis- but it is sort of the statement: ‘‘The last year and it remains unfair. abled who need long-term care in their era of big government is over’’ is over. Babbitt has declared that talks are families by providing a $1,000 tax cred- He has taken that pronouncement and ‘‘over’’ and that MMS is determined to it. absolutely quashed it in this new budg- issue its rule in June, when the Con- We have to also make education a et—driven it in the ground never to be gressional moratorium expires. top priority. This budget provides des- seen again. It was a 77-minute speech,

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1123 and it outlined 77 new Government After a brief review, my conclusion is tually proposes significant spending in- spending proposals that amounted to this: creases to expand many of the existing approximately $5 billion in new Gov- First, in his quest to continue to programs and create many more new ernment spending per minute. I am offer something for everyone, the programs. These spending increases glad the speech wasn’t longer. President’s budget offers a lot of smoke total over $130 billion. Yet the Presi- In the President’s budget, according and mirrors and a lot of accounting dent claims his budget does not break to the New York Times, he proposed 81 gimmicks. the spending caps. separate tax increases totaling $82 bil- Secondly, this budget is chock full of How can President Clinton have it lion over the next 5 years. The effect of new spending, earmarks, and dozens of both ways? How can he have his cake that would be to nearly nullify the lim- new ways for Washington to spend the and eat it, too? It is simple. He does it ited tax reduction that the last Con- tax dollars earned by working Ameri- by budget gimmicks. gress finally fashioned with this ad- cans. It is a blueprint for an even big- The President imposes new user fees ministration for which there was an ger federal government. and raises existing ones by $21 billion, enormous celebration on the White Thirdly, while I agree that the 62 per- and then counts these taxes as ‘‘nega- House lawn. This would virtually cent of the projected surplus that be- tive spending’’ rather than as revenues. eliminate it. longs to Social Security should be re- He also devotes presumed receipts The administration will describe served for Social Security, I do not from the state settlements with the to- these as ‘‘user fees.’’ That is not new. agree with what the President seeks to bacco companies and a 55 cents-per- Both parties have used that. But when do with the 38 percent of the surplus pack federal tax on cigarettes to a va- you look down at what that means, it that represents tax overpayments. riety of programs to avoid the spending is quite interesting, Mr. President: He chooses to spend the vast major- caps. $1.1 billion in airline fees. That ity of it and leaves only pennies on the However, it is far from certain these means all traveling America is going dollar for very minor, tightly targeted taxes will be accepted by Congress, so to get a tax increase, if you ever get on tax relief plan that he was offered in what we have is new spending without an airplane. the budget. reasonable offsets. Or $504 million in food inspection His plan is basically only token tax The President also reclassifies the in- fees. Who is going to pay that? Any- cuts that sound big, but the bottom creased discretionary spending for ex- body who goes into the grocery store line is it provides little or no tax relief. panded military retirement benefits, Fourth, he proposes new taxes and and buys a quarter-pound of ground again, as mandatory spending. In addi- user fees and takes tobacco settlement beef, processed chicken, or milk; in tion, President Clinton speeds up the money from the states. Can you believe other words, everybody. FCC’s collection of spectrum auction Then we have $200 million in new it—in times of surplus, he actually pro- payments. health care fees on providers and plans poses to raise taxes even higher, and Like last year, the President has and doctors—no, not on providers, his budget spends the Social Security again shifted some program funding— health plans, and doctors. That goes to surplus he claims to wall off. such as the Northeast multispecies Finally, the President’s budget does patients. Patients will pay that. fishery—into so-called ‘‘emergency not save Social Security from bank- So if you are buying food in the gro- spending’’ to further bust the budget. ruptcy. cery store, if you are part of traveling Let me be a little more specific. And he has severely under-funded some America, if you have to go see your You don’t have to look further than major programs such as Medicare, doctor, to a hospital, you are going to the way in which the President’s budg- knowing Congress will restore the be the recipient of this $1.1 billion in et deals with spending caps to deter- funds. new taxes. mine if this is an honest budget. These decisions by the President are Now, he said there is tax relief in his As you know, President Clinton has troubling. The more I review this budg- budget. Well, the only way an Amer- repeatedly broken the statutory spend- et, the more questions I have about ican taxpayer would see one cent of ing caps in the past to spend more for how the President can propose so much President Clinton’s so-called tax relief new and expanded government pro- new spending and claim that he will is if they agree to buy a solar panel or grams. Last year alone, the President not break the budget. buy an electric car or engage in some and the Congress spent over $22 billion President Clinton proposes to funnel other sanctioned Government behav- of the surplus for alleged ‘‘emergency 62 percent of the projected budget sur- ior—this in the face of $800 billion of spending’’ in the Omnibus spending leg- plus which represents the Social Secu- non-Social Security surpluses that islation. rity surplus to the Social Security have been generated by our economy. Nearly $9.3 billion in regular appro- Trust Funds, 15 percent to Medicare, 12 The direct beneficiary of balanced priations was shifted into future budg- percent to the so-called Universal Sav- budgets and financial discipline and ets. In my judgment, both of these ef- ing Accounts, and another 11 percent disciplined spending has produced a forts broke the caps, and that is why I to increase other government spending. vigorous economy which has produced opposed the Omnibus bill. The OMB estimates that we would massive surpluses for the first time in Also, I wish that Congress and the have a $12 billion on-budget deficit— modern history, but this administra- President could be as creative in cut- that is without. Social Security excess tion could not resist spend, spend, ting spending and cutting taxes as the Surpluses—in FY 2000. This means we spend and could not find it in any President is in finding ways to spend don’t have any on-budget surplus to frame to suggest, well, maybe some of more money for more programs. spend this year. All of the $117 billion this should be returned to the working According to the CBO, last year’s unified budget surplus is, in fact, So- people of America. budget—when alleged emergency cial Security surplus. Mr. President, I see that we have spending is included—exceeded the I don’t know how I can say this more been joined by Senator GRAMS of Min- spending caps by $45 billion. Even with- clearly. Despite the President’s prom- nesota to speak on the subject, and I out counting the emergency spending, ise to save Social Security first, he is am going to yield up to 10 minutes to we still exceeded the spending caps by proposing to spend all of the Social Se- Senator GRAMS of Minnesota to con- $29 billion. curity surplus. tinue our presentation on this budget. Last year’s irresponsible spending Moreover, not only has the President Mr. GRAMS. I thank the Senator. I has made the spending caps even tight- manipulated the numbers, but he has appreciate the Senator from Georgia er for this year. In order to stay within also included enormous increases in ex- putting this effort together. I think it the caps as required by law, we must isting programs and created many new gets the information out about what cut spending by $28 billion. This would programs, including entitlement pro- this budget really does and does not en- require an approximately 5-percent grams. tail. across-the-board reduction of this Without counting government user Mr. President, I rise today to make a year’s discretionary spending. fees, the actual size of the government few observations about the President’s Instead of cutting spending to com- has reached $2 trillion, not $1.8 trillion, millennium budget. ply with the law, President Clinton ac- as the President claimed in his budget.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1124 CONGRESSIONAL RECORD — SENATE February 3, 1999 I am sure there is much more hidden will pour general funds into Social Se- to $4 trillion, we are going to have to spending and hidden taxes in this 2,600 curity, Mr. Clinton’s budget does not raise the debt ceiling within a couple of page budget. and will not save it. This budget does years because he is issuing more bonds. With all of these spending and tax in- nothing to address its long-term un- We are going to borrow our way into creases, President Clinton fails to pro- funded liabilities. solvency for Social Security. Nobody vide any meaningful tax relief for In what Chairman Greenspan has has explained yet how that is going to working Americans. His targeted tax called a very ‘‘dangerous’’ approach, it work. But it is clear that he has not cuts reward only a few, with too few has the Government invest any sur- proposed any responsible reform of the dollars. And again, in times of surplus, pluses in the stock market for Social Social Security system to make sure it the President is proposing to raise Security. is there. We in Congress are going to taxes. In my home state of Minnesota, tax- have to develop a plan. I believe we Now, I would like to just show a lit- payers are already expressing their will. It is going to take some of the tle cartoon that I brought with me that frustration with the notion that, in the surplus, 62 percent. I think that we I think kind of explains this. As the case of retirement security, Wash- must do that because we owe that not cartoon suggests, President Clinton ington knows best. only to those who are retired now and doesn’t want to give any of the non-So- Let me quote one thing here. Patrick those who are about to retire, but to cial Security surplus to hard-working, Garofalo of Apple Valley wrote the fol- the baby boomers and others coming overtaxed Americans because he be- lowing letter in yesterday’s St. Paul along who want to see retirement secu- lieves he can spend it better on his own Pioneer Press: rity. priorities. As the cartoon says: It I am a big boy. I no longer live with my So we have 38 percent. What do we do seems we have grossly overcharged parents. The government trusts me to own a with the remaining 38 percent of the you, so let me explain how we intend to gun. surplus? I have spent a lot of time. I spend the money. It trusts me to choose my state and con- traveled around the State of Missouri When you go to a restaurant and gressional elected officials. It trusts me to make decisions about the welfare of both of many, many days listening to and talk- overpay the bill, you expect to get the my children. If it trusts me to make these ing with people, telling them: We fi- change back. Here the taxpayers have important decisions, why does not it trust nally got that budget deficit monster overpaid, and I think they can right- me to decide how I want to save for my re- slain. What should we do with the sur- fully expect that they should get the tirement? plus we are going to start running? And change back and the surplus should go Please don’t tax me to death while you they had two very strong ideas. They to the taxpayers and not to the bu- ‘‘help’’ me. Let me keep my money. I will de- said, No. 1, pay off the debt. We started reaucracies in Washington. cide where and with whom to invest my nest to pay off the debt. If it hadn’t been for egg. In fact, satisfying the President’s the President’s having invested some spending appetite would squeeze an ad- I could not have said it better myself. $20-plus billion in spending last year, ditional $80 billion from working Mr. President, the Administration’s we would have paid off $20 billion more. Americans as tax increases. So, in budget will not meet the challenges of Frankly, around this place there is times of surpluses, tax increases. a new millennium but rather lead us nothing quite so tempting as an Mr. President, Americans today are down the path of fiscal disaster. Con- unspent surplus. If you don’t return it taxed at the highest level in history, gress can and will do better. to the taxpayers, it is going to get with nearly 40 percent of a typical fam- We will produce a budget that pre- spent. We already have a historically ily budget going to pay taxes on the serves and protects the Social Security high tax rate as part of our gross do- Federal, State, and local level. surplus; we will give the non-Social Se- mestic product, the highest it has been They tax it when you earn it. Tax it curity surplus back to taxpayers as since the end of World War II. And we again when you save it. Tax it again major tax relief and debt reduction; we are continuing to take more and more when you spend it. Tax it again when will have a blueprint that leads this money. We need to have tax relief. you invest it. And tax it yet again nation into the 21st century. That is the other thing that the people when you die. I appreciate the Senator from Geor- of Missouri say: We want tax relief; No wonder Americans feel overtaxed! gia yielding me this time. lower, simpler, flatter taxes. But under the President’s budget, the The PRESIDING OFFICER. The Sen- Small businesses spend 5 percent of Government will collect more taxes ator from Georgia. what they take in just figuring out how from working Americans in the next Mr. COVERDELL. Mr. President, I much they are going to have to pay in five years. Total taxes will reach over appreciate the remarks of the Senator taxes. That is before they pay taxes. It $10 trillion. Federal tax revenues will from Minnesota, and I now yield up to is too complicated. It is too high. It grow faster than spending, consuming 5 minutes of our time to the Senator discourages economic activity. Those 20.7 percent of GDP, a historic high from Missouri. who made fun of the capital gains tax since World War II. The PRESIDING OFFICER. The Sen- relief and objected to it now have to This is wrong. More spending and ator from Missouri. admit that reducing capital gains more Government is not the answer. Mr. BOND. Mr. President, I thank my brought more economic activity and The answer lies in tax cuts that return colleague from Georgia. I have just a brought a tremendous increase in cap- power to the taxpayers and leave a lit- few brief thoughts on this budget that ital gains revenue. If we give families tle more of their own money in their has been submitted to us. The Presi- and small businesses the opportunity pocket at the end of the day. dent’s budget says we are going to have to keep some of their money, do you That is why I, along with Senator about a $4 trillion surplus over the know what? They can spend it better ROTH, introduced S. 3, the Tax Cuts for next 15 years. He has said, and we than we can in Washington, and that is All Americans Act, the one bill that agree, that we should fix Social Secu- what I propose we do. will do the most to help America’s rity first. We are going to do that. He But the President is not content with working families. Our plan will cut the believes that we ought to set 62 percent a $4 trillion surplus. He wants to in- personal tax rate for each American by of the surplus aside for fixing Social crease Federal Government revenues ten percent across the board. Security. Again, we agree, because that by raising taxes. And on top of that, he The broad-based tax cut is simple and is about what Social Security receipts is going to spend it all, he is going to fair. It is pro-family and pro-growth. If are provided. spend more of it, he is going to spend President Clinton wanted to make a But when we got his budget message $100 billion in new spending. He busts strong statement for working Ameri- and when we heard his State of the the cap. He even raids the tobacco set- cans, he should have made this broad- Union, we didn’t see a fix to Social Se- tlements from the States because he based tax cut the centerpiece of his curity. We saw new gimmicks, finan- has so many good ideas on how to budget. cial gimmicks, borrowing more money. spend it. My last point is that despite his And under this plan that he has pre- Mr. President, I do not believe the claim to have made Social Security sented, while we are supposedly run- people of America want those good solvent, and despite the fact that he ning these surpluses that will amount ideas. It is unbelievable, $4 trillion in

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1125 surplus yet every dollar of it spent, Mr. ABRAHAM. Thank you, Mr. ment, putting forward proposals that then more taxes are added. This is a President. I thank the Senator from will greatly benefit their constituents. classic example of the Federal ‘‘Father Georgia. For example, in my State of Michigan, Knows Best,’’ requiring the States, lo- I wish to join my colleagues in ex- Governor John Engler has proposed to calities, and most of all the families, pressing our deep concern at this ad- endow a merit award trust fund with the working men and women in Amer- ministration’s misleading and poten- Michigan’s share of the settlement, at ica, to play ‘‘Mother May I?’’ tially damaging budget. least a portion of that settlement. Let’s take a look at education, some- Now that we have finally gotten our Under this program, every Michigan thing I think is a top priority, and the fiscal house in order, turning huge defi- high school graduate who masters President says it is a top priority, too. cits into significant surpluses, I am reading, writing, math, and science It is about that point where we diverge troubled, as a lot of our colleagues are, will receive a Michigan merit award, a 180 degrees. The President wants to be that the administration is seeking to $2,500 scholarship that can be used for your local school superintendent. Do turn the clock back to the bad old days further study at a Michigan school of you know, we have over 763 Federal of tax and spend that got us in finan- that student’s choice. Another $500 education programs. The system is not cial trouble in the first place. would be available for seventh and I think the Senator from Missouri working now. We have too much Fed- eighth grade students who pass their very effectively outlined some of the eral bureaucracy, too much Federal red State tests, bringing the total avail- inadequacies of this budget. able for higher education in Michigan tape. Yesterday the President told the This budget includes $1.7 trillion in to $3,000 for students who work hard school board members who were in new Government spending, with the po- and learn the basic skills needed to town from school boards all across the tential of trillions more, despite the move on to higher education. country, he said, ‘‘Listen to what they President’s agreement to set budget We need programs like Michigan’s to are saying in the schools.’’ I have. Do caps. And despite the President’s fre- help kids do well in school and get you know what they are saying? Do quent calls to save Social Security ahead in life. The Federal Government you know what educators and the ad- first, it does nothing to save this cru- should be learning from these kinds of ministrators and school board members cial program. are saying? ‘‘We have too much Federal Finally, this budget includes no sig- programs. It should not be taking regulation and dictates. We spend too nificant tax cut for the hard-working money out of the pockets of Michigan’s much time on misplaced Federal prior- American families who brought us out young people to put into the pockets of ities.’’ of the age of deficits and into the Washington bureaucrats. That is why I want, and I think my present age of surplus. With the $4.5 We must protect the rights and the colleagues want, to return dollars di- trillion in anticipated surpluses, this people of our States by seeing to it the rectly to the classroom. Do not run it administration could not find—in its tobacco settlement money stays where through the bureaucracy in Wash- budget, or in its heart—the where- it belongs and where it will do the ington, DC. Don’t even run it through withal to give anything back to the most good—in the States. the State bureaucracies. It is the American people, and that, Mr. Presi- That, Mr. President, is, in my judg- school districts that have to make the dent, is simply shameful. ment, one of the many inadequacies in decisions. They are the ones that know I know my colleagues and I will be the President’s budget. I certainly in- the kids’ names. They are the ones speaking a great deal in the coming tend to work very hard here in the that know the strengths of the kids. weeks about the need for tax cuts, and months ahead to make sure these to- They are the ones that know the chal- I know the Presiding Officer will be one bacco settlement dollars go to the lenges they face. Let them make the of those speaking often about this States where the priorities can be set decisions and take the Federal hand- topic. But today, I want to focus on one that make the most sense to the people cuffs off of local educators. particular aspect of the President’s of the States. They are the ones who The PRESIDING OFFICER. The Sen- budget that would do great damage to fought this litigation and won it. ator’s 5 minutes has expired. our system of Government and to our Mr. President, I yield the floor. Mr. COVERDELL addressed the Mr. BOND. I ask for 1 more minute? States, my State of Michigan in par- ticular. Chair. Mr. COVERDELL. I yield 1 more The PRESIDING OFFICER (Mr. minute to the Senator from Missouri. Last November, 46 States and the to- bacco companies reached a settlement GRAMS). The Senator from Georgia. The PRESIDING OFFICER. Without in their long-running litigation. The Mr. COVERDELL. Mr. President, I objection, it is so ordered. Federal Government neither initiated thank the Senator from Michigan, and Mr. BOND. One final item I need to nor helped the States financially in I now yield up to 10 minutes to the get in. Last year, we worked very hard these suits. Yet now, the Clinton ad- Senator from New Hampshire. for a Transportation Equity Act for the ministration wants to divert $18.9 bil- The PRESIDING OFFICER. The Sen- 21st century, or TEA 21. I led the fight lion of the settlement to its own uses. ator from New Hampshire is recog- with Chairman JOHN CHAFEE and Chair- The Federal Health Care Financing nized. man JOHN WARNER to make sure we put Administration, HCFA, wants to seize Mr. GREGG. Mr. President, I thank the trust back in trust fund; that is, we this money under legislation allowing the Senator from Georgia for his time, told the American people that we it to recoup Medicaid overpayments. and I appreciate his organizing this dis- would send back, for highways, the But no Medicaid moneys were allo- cussion of the President’s budget, be- money in the trust fund as it increased. cated under the tobacco settlement. cause it has some very serious prob- In this budget he proposes more bou- This seizure is a raw exercise of Fed- lems, even though we are in superb fis- tique programs. He wants to go back eral power, dangerous to our liberties cal times now and it appears the Presi- on the promise we made last year. We and our form of Government. dent has put forward a budget which have great highway needs and there is In addition, the administration’s ac- will create for us into the future some absolutely no reason to get more Fed- tions promise costly litigation and fiscal problems of an enormous extent. eral programs when it is the States first hits those least able to fend for Many of these relate to his so-called who need to build the highways. We themselves: State Medicaid patients ‘‘resolution’’ of the Social Security need to start over again on transpor- whose funding would be seized by issue. Let’s talk a few numbers to tation and education and make some HCFA. begin with. sense out of this budget. Of course, the administration claims What the President has proposed in Mr. COVERDELL. Mr. President, I that it will use the State’s moneys to Social Security does virtually nothing appreciate the remarks of the Senator benefit everybody. Once again, this ad- to address the underlying problem of from Missouri. I now yield up to 5 min- ministration believes it is better able Social Security. The underlying prob- utes to the distinguished Senator from to spend money than are those actually lem of Social Security, of course, is we Michigan. entitled to it; in this case, the States. have the post-war baby boom genera- The PRESIDING OFFICER. The Sen- A number of States already have tion that begins retiring in the year ator from Michigan. acted in reliance on the tobacco settle- 2008, and that generation is so large in

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1126 CONGRESSIONAL RECORD — SENATE February 3, 1999 physical numbers that it overwhelms tions of this are staggering. It moves problem dramatically in the outyears the capacity of the younger genera- up to a figure of $2.07 trillion—that is a —and, secondly, suggests we should tions to support it. Has the President 1-year number—in the year 2055. The take the trust fund and invest some addressed that? No. implication is staggering, because it portion of it, 15 percent of it, under What the President has done is put does two things. Federal management in the market- forward a major accounting gimmick First, it creates this huge pressure on place, which will create, potentially, which is, basically, a proposal that has the general fund which inevitably leads havoc, basically a nationalization of no substantive effect on the underlying to a huge tax increase. Secondly, it our stock market, potentially havoc in problem, but gives them the capacity, creates a whole new dynamic for the our stock portfolios throughout the through bookkeeping, to claim that Social Security system. The Social Se- country, as Chairman Greenspan has they have addressed the problem. curity system has never gone into the correctly pointed out. And then he pro- The President has proposed that we general fund in order to support the poses two specific things to do, both of take the present surplus, which is pro- Social Security system. That is not the which cost more money. He proposes jected in the Social Security fund, of concept of the Social Security system. we raise the earning limits, which is a about $2.3 trillion and keep that in the The Social Security system has always good idea; and he proposes we address Social Security fund. And then the been a trust fund. This creates the So- the problem of elderly women who are President has proposed a brand new cial Security fund as a fund that has a at the low-income levels, which is a commitment from the general fund to drain basically on the general fund. good idea. But neither of those help the the Social Security fund, a new book- This all comes down to basically, in Social Security solvency issue. They keeping entry which amounts to new my opinion, sham accounting. And you actually aggravate the Social Security debt of another $2.8 trillion. The prac- don’t have to take my word for it. Iron- solvency issue. tical effect of that, of course, is that ically, in a spurt of honesty and truth So his proposal on Social Security is nothing happens. But the political ef- in accounting, the President’s submis- the largest shell game ever put forward fect of it is that the President can sion to the Congress of its budget had in the history of the world and does ab- claim that by making this book- this language at page 336. I think it is solutely nothing to substantively im- keeping entry, he is extending the life worth reading. prove the problems which we have with of the trust fund for another 8 years or (The Social Security Trust Fund) balances Social Security as we go into the next so. are available to finance future benefit pay- 20 to 30 years. And those problems are Let me try to explain it through this ments and other trust fund expenditures— huge. pie chart, because it is a complicated but only in a bookkeeping sense. . .. A number of us on our side of the little shell game. It is not a little shell So somebody at least down at OMB aisle—and I notice Senator DOMENICI is game, it is the biggest shell game ever had the integrity to acknowledge what here—have put forward proposals played in the history of this country, they were actually doing. They were which are substantive, which are legiti- actually. creating a bookkeeping event for the mate, which address the fact that this This is the spending which is pro- purposes of claiming an extension of is a demographic-driven event and jected relative to the surplus over the the Social Security trust fund. which must be addressed. But we can’t next 15 years. There is $2.3 trillion for They do not consist of real economic assets move forward with our proposals if the Social Security in the President’s pro- that can be drawn down in the future to fund President is going to be so irrespon- posal: $700 billion for Medicare, $500 benefits. Instead, they are claims on the sible with his proposal. The fact is his billion for new USA accounts, and $500 Treasury that, when redeemed, will have to proposal is used primarily for the pur- billion of new spending items. Notice be financed by raising taxes— poses of pushing another political there is no tax cut in here for Ameri- Which is the item I pointed out here, agenda. Trying to lower the ability of cans. He decided to skip that for the the trillion dollars in the year 2045, for this Congress to address tax cuts is the next 15 years, but that is another issue example— primary political agenda behind this other Members will talk to. Essen- borrowing from the public, or reducing bene- proposal, in my opinion. It does noth- tially, that is how he spends the $4.4 fits or other expenditures. The existence of ing as a constructive voice on the issue trillion surplus, which is projected for large trust fund balances, therefore, does of Social Security and Social Security the next 15 years. not, by itself, have any impact on the Gov- reform; and thus it is a great dis- However, in his accounting process, ernment’s ability to pay benefits. appointment. And I think the White he also spends another $2.8 trillion, If I had written a critique of what the House is going to go back to its draw- which is these new notes that he cred- President proposed, I could not have ing board and come back with another its to Social Security. Why does he do done a better job. Somebody on his idea, another proposal, if it expects the that? He does it essentially because he staff had the integrity to truly write legacy of this President to be a correc- wants to claim he has expanded the the critique, and by mistake, I suspect, tion of the most significant fiscal pol- size of the Social Security trust fund they slipped it into the President’s icy which faces this country, which is so he can extend this life expectancy budget submission. I am sure they are the Social Security crisis in which we out. But this doesn’t exist. This is a upset now that it is in there. But it is are headed. bookkeeping event. What it does do is an accurate statement of what they I thank the Senator from Georgia for it creates a huge new debt which will have done. This is a bookkeeping his courtesy. have to be paid by later generations to entry, the practical effect of which will Mr. COVERDELL. Mr. President, I the Social Security trust fund. create huge outyear chaos. thank my colleague from New Hamp- The practical effect of that debt is Why is that? Common sense tells you shire, not only for his presentation that he will be increasing the tax obli- why it is. You can’t address the prob- today but for all of his work on this gations necessary to support the Social lem of the Social Security issue with great question before the country em- Security trust fund as we move into mirrors. You can’t say that a problem braced in Social Security. the later years by huge numbers. that is created by having a huge gen- I now yield up to 7 minutes to our Beginning in the year 2025, it will eration retire is going to be solved by distinguished colleague, the Senator take an extra $360 billion in order to having a bookkeeping event occur in from Idaho. maintain the trust fund, and this will the budgeting processes of the Federal The PRESIDING OFFICER (Mr. have to come from the general fund, Government. But that is what this GREGG). The Senator from Idaho is rec- which means it will have to come President would like us to believe. ognized for 7 minutes. through tax increases. This is in order In fact, if you look at the President’s Mr. CRAIG. Mr. President, thank to meet the obligations created by this proposal on Social Security, as he put you. And let me thank Senator COVER- new $2.8 trillion bookkeeping entry. it forward, it has absolutely no sub- DELL for chairing the special order In the year 2035, that number jumps stantive impact on the underlying today to talk about a very important to $786 billion. That is just 1 year, com- problem. He first uses this double- debate which this country is now just ing out of the general fund into the So- counting event, which does nothing—in beginning to engage in; and that is, the cial Security trust fund. The implica- fact, it potentially aggravates the debate over the Federal budget for the

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1127 next fiscal year and for the near future ment. Because we saw an all-increas- Mr. President, let me close with this of the next 10 years. ingly expanding, powerful Federal Gov- thought—and I believe it sincerely, as The reason I say it is an important ernment as a damper on the rights and somebody who has fought for a bal- debate—and I associate myself with the freedoms of the citizens of our country. anced budget, as somebody who is remarks of the Senator from New More Government, less freedom; more proud to see a balanced budget gained, Hampshire—if not the most important programs, less control, less oppor- and as somebody who has been very debate we will become involved in in tunity on the part of the average cit- surprised over the strength of an econ- this decade is that it is long term. izen. So that was one of the reasons. omy that can be generated by the bal- What we do in this budget sets a trend The other reason was to turn this econ- anced budget and good, sound, mone- line, clearly establishes a standard of omy on. tary policy. It is simply this: I believe performance for how Government oper- In all fairness, Mr. President, I don’t the President squanders the reward of ates and how taxpayers are treated in think any of us ever knew how much a balanced budget. I believe the Presi- our country. you could turn the economy of this dent squanders the hard work that we So for the next few moments I am country on if you did just two things: If have done here to assure that the tax- going to dwell on that, because I can’t you balanced the Federal budget, that payers of our country can have back deal with the specifics of this budget is called fiscal policy, and if you kept even more of their hard-earned money. yet, not in the detail that the Senator monetary policy in line with it; and if He not only squanders it in bad ideas, from New Mexico, who is the chairman you rewarded the workers by allowing he squanders it by simply creating a of the Budget Committee, is going to in them to keep more of their own money greater liability on future earnings of a few moments. He is the expert. He called taxes. our government or future taxes by our teaches me what is in this budget. And We have been able to do all of those citizens. I listen very closely. things in combination. And what hap- We are standing at the threshold of a But let me tell you, there are some pened? We turned this economy on. We unique time in our Nation’s history, a fundamentals that I hope the public fueled it in a way that was really be- true opportunity to fix Social Security, will come to recognize as this debate yond our imagination. to reform it, and to change it into a goes on, that within the budget surplus In fact, a lot of us are looking at this positive investment for the young peo- there are two surpluses. About 62 per- strong economy today and saying, how ple of our country while still con- cent of that surplus is generated by So- can it last? Why is it so strong even in tinuing to hold safe and reward the el- cial Security tax, Social Security tax light of all the things that are going on derly of our country for their hard- revenue. And that 62 percent the Presi- around us in a world economy that is earned days, but also to assure long- dent of the United States and the Con- dragging it down to some extent. term economic growth in our country The reason it is strong is because the gress of the United States agree ought that keeps our work forces working, Federal budget is balanced, because to be dedicated to reforming and that keeps our taxpayers happy, and monetary policy is in line with the strengthening the Social Security sys- that strengthens our country among Federal Reserve. Now the next step is tem. So if you will, that is surplus I. other nations in the world. to keep it strong and even stronger and There is a second surplus, and that is That is an opportunity that can be to take overtaxed American taxpayers a surplus that is generated by other accomplished with this budget. That is and make sure that they keep an ever taxes, including the taxpayers’ income why I think what we are standing for larger part of their hard-earned money. tax. And that represents about 38 per- today is the right direction and course That is the real difference between cent of the Federal budget. It is on for this country to take. what the President proposes and what that percentage that this Republican I yield the floor. we are talking about. Mr. COVERDELL. Mr. President, I Senate at this moment is proposing, Oh, yes, we have the fundamental thank my colleague from Idaho. I yield amongst other things, a significant tax disagreements on Social Security re- up to 10 minutes to the distinguished cut for the taxpayers of the country. form that the Senator from New Hamp- chairman of the Budget Committee, I am very proud to stand on the floor, shire, who is now presiding, has just Senator DOMENICI of New Mexico. along with a lot of my colleagues, and talked about, and those are funda- The PRESIDING OFFICER. The Sen- say that a decade and a half ago we mental differences. But with that 38 ator from New Mexico. began an argument to force our Gov- percent that is left, the President plans Mr. DOMENICI. I thank Senator ernment to balance its budget. We were to spend it all in one form or another. COVERDELL very much. I hope I will not told at that time, in the early 1980s, In fact, if you listened to his State of use 10 minutes because there are other that wasn’t going to happen, just the Union in his budget message, he Senators here. wasn’t going to happen in my lifetime. was like somebody handing out gifts in Let me say to the distinguished occu- In fact, I had an elder statesman in the the form of government programs. A pant of the Chair, Senator GREGG, I House—I was serving in the House little here and a little there, going to was here when he made his remarks. I —after I delivered this House speech on benefit this, going to benefit that, think the most salient aspect of those balancing the budget on the floor, tap going to expand here, and in the end, remarks—while I agree with almost all me on the shoulder, and he said, ‘‘Kid, the world is going to be a happier of it—the most salient area can be for- you ain’t gonna live long enough to see place, and the President is going to be mulated into a question. a federally balanced budget.’’ And then a more popular guy. Or so it went. My question is this: For at least 10 he went on to say, ‘‘Why would you What he didn’t say was that he actu- years we have been struggling in this want to do it? Look what you can do ally was growing the potential of a land with commission after commis- with Government spending to expand Federal debt and deficit in combina- sion, study group after study group the economy, to create all these neat tion again and that he was not offering trying to tell us how we could repair things.’’ And I looked at him and substantive reform in the long term Social Security so that it will be avail- smiled and said, ‘‘To reassure your re- that would really benefit Social Secu- able in the next millennium, because of election.’’ rity recipients, and most importantly, the terrible impact on that Social Se- Well, that was less than 20 years ago. the young people of our country. curity fund, of the actual demographics In fact, that was about 14 years ago There is another premise with Social of America, and the baby boomers hit- when that statement was made. And Security: No matter what we do we are ting pension time. Now, does it seem today the budget is balanced. Today we going to protect the elderly. But what logical that after all of that discussion are now arguing over how to spend the we have to do is assure that the young that essentially we don’t have to do potential trillions of dollars of surplus people of our country have a good in- anything to save Social Security? that will be generated by that budget. vestment in the future because Social I asked the question so I can answer When I was arguing the balanced Security today for a young person en- it because I believe everybody that is budget idea in the early 1980s, along tering the work force is a lousy invest- working so hard at it would say the an- with a lot of my colleagues, there were ment. There is very little returned for swer is, no; you can’t fix Social Secu- some fundamental reasons why we their money. So those are some of the rity by doing nothing for or to or in were doing it: No. 1, to control Govern- dynamics of the debate at hand. any way reform or change it.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1128 CONGRESSIONAL RECORD — SENATE February 3, 1999 Now the only thing the President of pected, that we don’t need, that are not as a high tax country; our success the United States did in this budget is now building up a surplus, what do you is as a low tax country. That is why we make a proposal that will never pass do with it? And one approach is to save are succeeding over and above other the Congress, that a tiny piece of this it. The President says he is being con- countries in the world. so-called surplus that belongs to Social servative and saving it. But I add to I yield the floor. Security be invested in the equities that, saving it so it can be spent. And Mr. COVERDELL. Mr. President, I market of America by a government- in some instances, spending it under thank the chairman of the Budget controlled board, who would be subject the President’s budget or give it back Committee for his presentation this to all kinds of pressures that would dis- to the American taxpayers in propor- afternoon. tort the market of America. I don’t say tion to how they paid it to us. I yield up to 3 minutes to the Senator that singularly. The Chairman of the That falls simply under the rubric of from Wyoming, Senator THOMAS. Federal Reserve Board has used far a tax cut. I have explained it as well as The PRESIDING OFFICER. The Sen- stronger words than these: that it I could as to why the time has arrived. ator from Wyoming is recognized. won’t work, that it will be detrimental. Why is this an opportunity to debate a Mr. THOMAS. Mr. President, I have So in a sense, that is the only thing difference? Because if you don’t give it been listening with great attention to proposed. back to the taxpayer, no matter what what we are talking about. Certainly, Now, I am going to lower my voice contortions you go through about there is nothing more important before and say, on the other hand, the Presi- transferring it to trust accounts with us now than the budget. We have heard dent is going to say that he transfers new IOUs and the like, it is available all kinds of explanations, and we will some of the surplus of America to the to be spent, and I am not going to be hear many more. We will argue about Social Security fund and it is there and anymore positive about that, other the allocation over time. But it seems thereby it extends the life. But the than to ask another question: Does to me, as I think about it, that the idea Senator has so adequately stated, What anyone think that that kind of surplus of a budget is where we really set our is being transferred? In the end, what sitting around is going to really stay priorities. is being transferred is going to result sitting around, or is it going to do There is more to a budget than sim- in debts that have to be paid by some- something else? I submit that the ply the question of where we spend body, some time, because we have nei- President is on a path to showing us al- every dollar. What we do with the ther enhanced Social Security by in- ready that it is going to be spent. budget is, we put into reality the vesting a significant portion in the eq- My last one—I will do one additional things we would like to see in our Gov- uities market, nor have we, in any one—is this: Anybody in this Chamber ernment. What size Government would way, if one seeks to reform it other- or across this land who has heard the you like to have? What do we do with wise, made any changes to it except to President speak and has heard his respect to our working with the State add to it. budget presented, answer this question and local governments? How does that Frankly, that is a missed oppor- for me: Did the President propose fit? What do we do about taxes? Is tunity. I think I might say it is a spending some of the surplus which he there something we want to do there? I missed opportunity, perhaps, because is going to put into Medicare? Did he look at it as really an opportunity for of the clamor that we are in today po- propose spending it for prescription us to, philosophically and from an ideal litically. drugs? Frankly, I surmise that already, standpoint, look at why we are here I think last year the President was among those who are interested, 95 per- and what it is we want to accomplish. on the right track. He had meetings cent would answer that question that For those who want a simpler and and bipartisan seminars and everybody he proposed spending it for prescription smaller Government, does this budget went. They held one in Albuquerque, drugs. But that would be inconsistent do that? I don’t think so. This is an in- NM. And forthrightly, the President with saving it, right? So, as a matter of crease in size. This is more Govern- used to say to people who opposed in- fact, if you read his speech attentively ment. This is larger. vesting it in the equities market, in as and listen to two of his witnesses— What if your goal was really to move safe a way as possible, Why should the OMB and Treasury—it is now obvious more and more of the choices and more Social Security trust fund yield so that he does not propose to spend any and more of the responsibility closer to much less to the Social Security re- of it for prescription drugs. people and State and local govern- cipients than investing in other pen- But isn’t it interesting? You put it in ments? Does this budget do that? No, I sion plans? He used to ask that ques- the trust fund to make the trust fund don’t think so. tion when people were against invest- more solvent, but then you don’t pro- What if you want to really feel ing it. What happened, however, as this pose that any of it gets spent. That is strongly about spending caps and say budget came rolling through under the what is going to happen to the surplus. that this is the way you control spend- political turmoil that exists, the Presi- That is one example—the big surplus, ing? Does this budget stay with the dent sent us nothing but some words over and above the Social Security sur- caps that we argued so much about just that say we hope we can work together. plus. It is going to find niches in this 2 years ago? No, it doesn’t do that. I hope we can, too, because I think if country, special interest groups of all If you had an idea that you would we did it would be a far different pro- types, small and large, and it is going really like to take care of paying down posal than what is in this budget, to be spent. this debt on a dependable program over which is borderline nothing with ref- Now, are we undertaxed? Of course a period of time, a little bit like, I sup- erence to Social Security. not. We would not have this kind of pose, a mortgage, and you wanted to do There are so many other things to surplus if we were undertaxed. This that, does this do that? No, it doesn’t. talk about, but I am only going to talk surplus indicates what a surplus of this So I hope that as we go through this about three and do it very quickly. Fel- size should indicate, which is that tax whole process—and it will be, unfortu- low Republicans, conservatives and receipts are very high. In fact, the nately, almost all of the year—I hope moderate conservatives in America, total tax receipts of the Federal Gov- we start with the principles that we this budget presents the best oppor- ernment are the highest percentage of would like to see enunciated when we tunity for those who think conserv- the gross domestic product that they are through. We will have different atively and Republican and moderately have been in 50 years. You can pick views. Some people want more Govern- conservative, to present a basic issue pieces of the taxpayers and draw dif- ment, more spending and more taxes— that disagrees with the President and ferent conclusions for different groups. a legitimate idea, but not one that I those who follow him in the Demo- But essentially it is true that the total share. I think we do much of that in cratic Party. tax take is going up as a percentage of the budget. My friend from Idaho, it is basically our gross domestic product, and that So I hope, Mr. President, that we this: When you have a very large over- sends a signal: It is time to take a look really take a look at measuring this payment by the taxpayers of America, and make sure you don’t spend at that budget in terms of our values, the rea- an unexpected tax burden that yields level, because then you move America son we came here, the reason we have billions of dollars that were unex- into a high tax country. Our success is given to our constituents as to why we

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1129 are here. Much of it will be reflected in which demands the end of slavery in Yet the most incredible crime this budget. the Sudan. Legislation will also be in- against humanity practiced in the I yield the floor. troduced which challenges the famine- Sudan today is slavery. In 1999, slavery Mr. COVERDELL. Mr. President, induced practices of the Government. still exists in this world, and it is offi- that is going to close the discussion on Consider this a modern-day aboli- cially tolerated, even perpetrated, by our side on the President’s budget. I tionist movement, inspired by the leg- the National Government against its am going to yield the remainder of our acy of some of the great freedom advo- own people. Tens of thousands of Suda- time at this point to the distinguished cates such as Martin Luther King or nese presently exist as chattel prop- Senator from Texas on another matter. William Wilberforce who ended the erty, owned by masters who force their How much time remains? slavery trade in Britain nearly two The PRESIDING OFFICER. The Sen- captives into hard labor and sexual centuries ago. concubinage. They are branded, beaten, ator has 4 minutes remaining. Let the facts speak for the victims. starved, and raped at their master’s Mr. COVERDELL. I yield the remain- There are 1.9 million Sudanese who der of our time to the distinguished have died at the hands of their own whim. Forced religious conversion is Senator from Texas. Government, more people than Bosnia, routine. Christian and tribal tradi- The PRESIDING OFFICER. The Sen- Rwanda, and Kosovo combined. Over 2 tional believers experience starvation ator from Texas is recognized. million people have been displaced, and whippings until they renounce Mrs. HUTCHISON. Mr. President, I driven from their ancient commu- their own personal faiths. All slaves ask unanimous consent that I be per- nities—that is nearly 10 percent of the with Christian or African names are mitted to speak as in morning business population—and they now wander given new Arab names by their mas- for up to 30 minutes thereafter, and I homeless, without resources, edu- ters. The girls undergo a terrible prac- further ask that following my remarks cation, or hope for a decent future for tice, lightly referred to as ‘‘female cir- Senator GORTON be recognized, fol- their children. This is the largest inter- cumcision,’’ better described as ‘‘fe- lowed by Senator GRAHAM of Florida nally displaced population in Africa. male genital mutilation,’’ which is per- and then followed by Senator BROWN- Most alarming, 2.6 million risk starva- manently disfiguring, extremely pain- BACK. tion this year—this year—because of ful, and physically dangerous. Some The PRESIDING OFFICER. Is there Government policies deliberately cal- Moslems also have this act forced upon objection? them. Without objection, it is so ordered. culated to produce food shortages. Reportedly, 1998 was the worst fam- (The remarks of Mrs. HUTCHISON, Mr. I asked my personal staff to inves- ine in 10 years because of the official GRAHAM, and Mr. GORTON pertaining to tigate this situation in September. Government practices of denying food the introduction of S. 346 are located in That trip to the Sudan produced ex- distribution to its own starving people. today’s RECORD under ‘‘Statements on traordinary photos of children who Experts warn that 1999 will even be Introduced Bills and Joint Resolu- have been redeemed by John Eibner of worse because of the now weakened tions.’’) Christian Solidarity International. condition of the population. How could Mr. GRAHAM. I thank the Chair. Mr. Eibner is a modern-day aboli- Mr. BROWNBACK addressed the this happen when so much aid stands tionist, an American who redeems peo- Chair. waiting for shipment? The answer is The PRESIDING OFFICER. Who because the Government denies human- ple from slavery for about $50 a per- seeks recognition? itarian aid organizations access to fam- son—50 bucks a person to redeem a The Senator from Kansas. ine-stricken areas in the south. They slave today. He has rescued over 5,000 Mr. BROWNBACK. Mr. President, I deliberately withhold American-spon- people from slavery in the Sudan since ask unanimous consent to speak as if sored aid from the starving population 1995. These photos from that trip show in morning business for up to 12 min- to manufacture a famine. some of those redeemed slaves. I want utes. Now, why would a government delib- to show those photos to the Senate. The PRESIDING OFFICER. Without erately starve its own people? They These are people my staff went and objection, it is so ordered. The Senator have made starvation a weapon of war met with, who have been enslaved in has that right. to crush those fighting for self-deter- the northern part of Sudan. You can Mr. BROWNBACK. I thank the Chair. mination and religious freedom. see young children here in this picture f Through this weapon of starvation, who were gathered together, beautiful they can drive the people into refugee HUMAN RIGHTS ABUSES IN SUDAN young children who have suffered the centers, which they cynically call bonds of slavery in 1999. Here is the Mr. BROWNBACK. Mr. President, I ‘‘peace camps,’’ and there break them broader group, and a picture of the want to bring to the Senate’s attention with humiliating treatment, depriva- group they met with who had all been something that, when I first saw it, I tion, rape, more starvation, and even enslaved. found it just to be unbelievable, that bombings in peace camps. the type of situation that is going on is The Sudanese people suffer terrible Then I want to show you these next happening in the world today, in 1999. treatment in these so-called peace two pictures up close. This is the face I am speaking of what is taking place camps; they are forced to renounce of slavery today in the world, in Sudan. and the human rights abuses that are their own deeply held religious beliefs This young boy, approximately the age occurring in the Sudan today. The as a condition to being given food. of my son, was a slave in 1999, in this northern Sudanese Government is wag- Christians and traditional tribal be- world today in the Sudan. You can see ing a vicious war in the south against lievers report this is a routine practice. he is holding his arm out here as they its own people, who are suffering ex- The U.S. Committee for Refugees were looking at his arm and his slave traordinary human rights abuses on a issued a report recently which de- brand that he had. We have a closer massive scale. Slavery—slavery—and scribes the bombing of refugee centers picture of that brand that this young Government-induced famine not only by the Government. The Government boy suffered that was put on under his exist but are increasing. It is bombs these unarmed refugees, the slave master’s hand—slavery in the unpardonable that slavery continues in women, the children, the sick, the world today. It still goes on. It still the modern world today, that in 1999 starving, the elderly, all of whom have goes on. And it is going on in the we have slavery going on in the world. taken refuge in these camps as their Sudan. And it does in the Sudan. last resort for food. It is even more dismaying that this Recently, reports on female refugees Both victims and experts report that offense against humanity is officially state that virtually every woman the slave practice has actually even in- tolerated, even perpetrated, by a na- interviewed—virtually every woman creased since 1996. It appears that the tional government against its own peo- interviewed—was raped or nearly raped Sudanese Government employs slavery ple. I believe that America has the during induction to the camps. More- as a deliberate means of demoralizing moral authority and the duty to pro- over, young boys in these camps are the civilian population and frag- test this outrageous practice. abducted into the northern cause and menting communities. Slavery is also Joined by other Members of Con- used as front-line fodder. These are the used to reward government soldiers gress, I will be introducing a resolution so-called peace camps. fighting

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1130 CONGRESSIONAL RECORD — SENATE February 3, 1999 this civil war. These women and chil- look at the state of government today percentage of their income than at any dren are captured as war booty, as a in Washington, DC, and see so many time in the last 20 years. It is also true type of salary for the soldiers. It is re- hopeful signs that I wonder sometimes for families of four at one-half the me- pugnant that any country would per- if my Republican colleagues are look- dian income level and a family of four mit, let alone promote the demeaning ing at the same picture that I am look- at twice the median income level. cruelties described here. Therefore I in- ing at. So the Republican claims that the vite anyone who is touched by this ac- There are certain things which I President has balanced the budget on count of suffering to join me in this think we ought to accept as a reality. the backs of working people just sim- cause to end slavery before the next The fact that two out of three Ameri- ply are not true. Nor is it true that the millennium and stop this insane prac- cans today say the Clinton administra- administration has increased the size tice of man-made famines in the tion is doing a good job suggests to me of government. All of these claims Sudan. that most Americans—Democrats, about big government and big taxing We have the capacity to do this. We independents and even almost a major- just do not wash when you take a look need to do this. And we must do it now. ity of the moderate Republicans—have at the facts. According to the Center Mr. President, I yield the floor. come to the conclusion that this coun- for Budget and Policy Priorities, Mr. GRAMS addressed the Chair. try is on the right track, this adminis- spending has declined to its smallest The PRESIDING OFFICER. The Sen- tration is doing a good job. And there share of our gross domestic product in ator from Minnesota. is ample reason for them to reach this 25 years. Furthermore, under the Presi- Mr. GRAMS. Mr. President, I first conclusion. dent’s proposal, spending will continue ask unanimous consent that at the Think about where we were 6 years to decline as a percentage of our gross conclusion of my statements the Sen- ago when this administration began. domestic product to its lowest level in ator from Illinois, Senator DURBIN, be The budget deficit stood at nearly $300 33 years. recognized to speak for up to 15 min- billion a year with no relief in sight. At Sound fiscal policy has translated utes as in morning business. the time, the Congressional Budget Of- into economic resurgence in America The PRESIDING OFFICER. Without fice was projecting that the deficit which still baffles even the experts. objection, it is so ordered. would reach $350 billion in 1998. At that Here we are enjoying the 95th consecu- The Senator from Minnesota is rec- time, no one—absolutely no one— tive month of economic expansion, the ognized. would have expected, instead of a $350 longest peacetime expansion in our his- MR. GRAMS. I thank the Chair. billion deficit, we would be running a tory; interest rates stable and falling; (The remarks of Mr. GRAMS per- $70 billion surplus. unemployment rates coming down; taining to the introduction of S. 347, S. The first step on our road to recovery welfare rolls coming down; inflation at 351, S. 357, and S. 358 are located in to- and sanity in the budget process was its lowest combined rate with interest day’s RECORD under ‘‘Statements on In- the passage of President Clinton’s 1993 rates and unemployment in a genera- troduced Bills and Joint Resolutions.’’) Deficit Reduction Act. I remember that tion. Mr. GRAMS. Mr. President, I yield vote as if it were yesterday. That vote As the President announced to Con- the floor. taken over 5 years ago is imprinted in gress 2 weeks ago, the state of our Na- The PRESIDING OFFICER. The Sen- my memory, because we were told by tion is strong. As Vice President GORE ator from Illinois. our Republican critics that if we voted often says, everything that we want to f for this Clinton deficit-reduction plan go down has gone down. We are talking we would drive this economy into a about the unemployment rate and wel- THE FEDERAL BUDGET tailspin, we would have even deeper fare rolls. And things we want to go up, Mr. DURBIN. Mr. President, I thank deficits, we would have a wholesale re- like family income and housing starts you for yielding me this time in morn- action from the American people and new businesses, continue to go up. ing business to address the issue of the against this new policy. And as a result So when I hear these funereal tones Federal budget. This time of year, as of it, we didn’t garner a single Repub- from my Republican colleagues about America starts to look forward to lican vote in support of the Clinton def- how sad it is that this administration spring training in Florida and Arizona icit-reduction plan. Here in the Senate, just can’t get it, can’t get it right, I for the baseball season, Members of the before I arrived, when the vote was look around at our economy and I am U.S. Senate and House of Representa- cast, it was up to Vice President GORE baffled, I cannot find the evidence for tives get involved in their own grape- to cast the deciding vote for this def- their claim. fruit league, their own spring training, icit-reduction plan. Despite these promises of surpluses which starts with our speeches on the It turns out the President and the in our budget as far as the eye can see, Federal budget process. And I am sure Vice President were correct and the we all know that budget projections in that many people who would witness critics of the plan were wrong. Be- the future are a guess, an educated this debate would scratch their heads cause, as you see, we have now reached guess but a guess. Four years ago, the and say, What can that possibly mean the point where that deficit reduction Congressional Budget Office forecast to my family in Chicago, IL, or Spring- put us on a road toward a balanced the deficit would exceed $300 billion field, IL? In fact, it has a great deal of budget, which we enjoy today. Giving this year and approach $500 billion by importance and not only defines who credit where it is due, there was a sec- the year 2005. we are as a nation and what our prior- ond installment on deficit reduction With $5 trillion of Federal debt hang- ities will be in the coming year, but it done on a bipartisan basis by Repub- ing over our heads, now is not the time also affects a lot of programs and a lot licans and Democrats which completed to abandon fiscal prudence in favor of of taxes that directly impact families this effort. I am glad that we were able tax cuts for the wealthiest Americans, across America. So this kind of runup to do that on a bipartisan basis. But as many of my colleagues have sug- to the serious debates on the budget history records that the first impor- gested. We should take advantage of resolution is an important part of the tant and most painful step in this proc- the opportunity to redirect and invest annual ritual in Congress. And I am ess began in 1993 with President Clin- our surpluses at this moment in his- happy to be part of it today. ton’s proposal. tory where they can pay off for Amer- I have listened to my Republican col- A lot of my friends on the Republican ica in the long run. We need a respon- leagues, as they have spoken about side have argued that we have been sible fiscal course to begin with. The their view of the budget, the budget able to eliminate the deficit but at the President’s budget wisely preserves 62 process, and where we are in America, expense of raising taxes on ordinary percent of the projected surplus for So- and it is a slightly—well, no, it is a sig- Americans. I have heard this so often cial Security and I hope both parties nificantly different point of view than I you almost start to believe it. And can agree to this. Let me say this: If at have. Because I take a look at this Na- then you look at the facts. The facts this moment in time—this year—as we tion and I do not see it in somber and are these: The Treasury Department debate the budget, as we envision sur- serious terms. I don’t find it depress- shows that a median income family of pluses for years to come, if we cannot ing. I am not saddened by it. I really four currently pays less in taxes as a muster the will, on a bipartisan basis,

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1131 to save Social Security, we never will. building, have availed themselves of When I take a look at where money It will be less painful now than any savings opportunities for their retire- can be spent in this Federal budget, I time in our future. And we have to ac- ment, whether it is the Federal Thrift am sometimes troubled that my friends cept the responsibility of dedicating Savings Plan, individual retirement ac- on the Republican side of the aisle sug- the surplus to Social Security. counts, or Roth IRAs—named after gest that spending on domestic prior- The President said it last year, and Senator ROTH from Delaware. In order ities is creating wasteful, new pro- repeated it again this year: ‘‘Save So- to make certain that low- and middle- grams. In one particular area I take ex- cial Security first.’’ And those who income families have that same option, ception; that is in the area of edu- want to embark on a different course, the President suggests that we create cation and training. so be it. I believe the American people these personal retirement accounts It was only last year that we had the agree with me and the President that that will help them. I think that major corporations in Silicon Valley this money should go to Social Secu- makes sense. and across the country lobbying Con- rity, and also to Medicare. The Medi- The President also suggests that we gress to change the immigration laws care Program, important to millions of provide tax relief for child care costs in America so that these companies elderly, is a program that is in trouble. for 3 million working families. A cou- could bring in skilled and trained per- There is no doubt about it. As health ple years ago, I went across Illinois and sonnel, immigrants from overseas, to care costs go up, as the elderly popu- talked to working families and in par- fill gaps in their employment. That is a lation increases, Medicare faces strains ticular, working mothers, about their sad commentary on America’s edu- and pressures never envisioned. major concerns. Do you know what the cational system. And it really troubles The President has suggested taking number one concern was? It was, what me that we have reached the point 15 percent of the surplus and putting it will I do with my kids when I go to these companies cannot find within into Medicare to make sure that we work? I can’t afford to send them to America the skills that they need to have an additional 10 years of a solid the very best day care, and I worry my- make a profit. Medicare system for senior citizens. self to death when I am on the job and Then we hear from the U.S. Navy That, to me, is eminently sensible. I am not certain that they are safe. that it is suggesting it needs a change That, again, is an investment of the That is a natural human reaction. It is in policy. The Navy, an All-Volunteer surplus in something good for the long- the right reaction from a parent. What Navy, relies on those who come for- term benefits of our Nation, not just the President is saying is that we need ward and those they can recruit, and for elderly—of course it benefits them to be sensitive to these working fami- they have fallen short of their goals. directly—but for their children as well. lies by giving them some tax relief to Some 22,000 seaman are needed and not When senior citizens cannot pay help pay for day care and child care. available, particularly 18,000 for service their health care bills, many times The same thing is true for many of on ships at sea. So the Navy has come they turn to the government but they the working families who have elderly to Congress and said we think the an- often turn to their children. Let us re- parents or parents who are sick or dis- swer to this is for Congress to allow us lieve that generation from a burden abled who need help with long-term to increase the number of recruits who they shouldn’t carry, by investing a care. Here again, the President’s pro- don’t have high school diplomas from 5 portion of the surplus in Medicare. posal offers tax relief to millions of percent of the total to 10 percent. Now, Medicare and Social Security are enti- Americans who want to provide for that is a troubling admission to say tlements but they are earned entitle- loved ones that are in their golden that we have so many young people ments. Let’s put the ‘‘security’’ back years. without a high school education that in Social Security and put quality You will also hear a cry for tax cuts we need to turn to the Armed Forces to health care into Medicare. from our colleagues on the other side give these young people a basic edu- When we think about what to do with of the aisle. But it is almost as predict- cation. the surplus, it makes sense to consider able as night following day that when When the President comes before the perspective of Alan Greenspan. If you go beyond the surface appeal of tax Congress and says we can do a better there is one man who is credited with cuts proposed by the Republicans, you job in our schools, I think most Amer- leading us through this out-of-the-def- find the same story year in and year ican families agree. And money in- icit desert and into the sunshine of sur- out. Let me give you some graphic ex- vested there, I think, is money well in- pluses, it is the Chairman of the Fed- amples of what I am talking about. vested. We have a skills gap in our eral Reserve, Alan Greenspan. In testi- This chart which we had prepared country which needs to be addressed. mony to the Senate Budget Committee looks at the proposed 10-percent tax We need a commitment to education last week, the Chairman said that the rate cut that the Republicans have that includes afterschool and summer single-best use of the surplus is to pay brought forward. Of course, we had to school programs. We need 100,000 new down the national debt. This is exactly analyze it to see what it would mean to teachers. We need to improve teacher what the President is doing by dedi- most families. This is no surprise if skills and hold them accountable to cating the surplus to Social Security you have followed Republican tax make certain that when they come and Medicare. breaks in years gone by. The bottom into the classroom, they are prepared There is also a proposal for tax relief. sixty percent of America’s families, to teach. The vast majority of teachers It is perfectly reasonable that once we based on income, would see an average will meet this threshold requirement have taken care of our obligations to of a tax break of just $99 a year, rough- without breaking a sweat. But you save and preserve Social Security and ly $8 and a few cents each month. Then know as well as I that there are people Medicare and thereby reduce the na- you get to the top 1 percent of incomes, standing in classrooms across America tional debt, we also help families in people making over $300,000 a year, and reading from textbooks on subjects America who need tax relief. The look what their average tax break is they know little or nothing about. President’s proposal is a sensible ap- under the Republican plan—$20,697. I In my old home town of East St. proach which gives working families just can’t understand this. I can’t un- Louis, last year or so I talked to some more income security, more spending derstand why low- and middle-income of the people on the school board and power, and a greater ability to save for families making below $38,000 a year they say they will literally give a job the future. should get an average annual tax break to anyone who tells us they are pre- The President’s proposal finds $34 bil- of a little over $8 a month while we pared to try and teach science and lion in tax relief to working families. turn around and give $1,600 or $1,700 a math—‘‘prepared to try and teach.’’ His budget reserves 12 percent of the month to the wealthiest among us. They don’t require any degrees, they projected surplus to provide low- and If there is to be a tax break, if we are can’t, because they can’t attract the moderate-income Americans with a tax to use the surplus to help American people to do the job. We need to in- cut to help fund personal retirement families, should we not dedicate that crease teacher skills and training to do accounts. Millions of Americans and surplus first and foremost to the low- so. millions of Federal employees, includ- and middle-income families who abso- In addition, I think we need to put ing most of the people who work in this lutely need it the most? more money into school construction,

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1132 CONGRESSIONAL RECORD — SENATE February 3, 1999 not just because the school-age enroll- the programs that mean so much to Scholarship Fund for the invaluable ment is going to mushroom dramati- America. contributions they are making to im- cally over the next several decades, but I yield the remainder of my time. prove the lives of so many of our young because our current school buildings in The PRESIDING OFFICER. The people. They set an example for all of America for the most part are not pre- Chair, in his capacity as a Senator us. The enormous public response to pared to accept the new technology from New Hampshire, suggests the ab- the Children’s Scholarship Fund serves necessary to educate our children. sence of a quorum. as an important reminder to those of When President Clinton suggests $25 The clerk will call the roll. us in Congress of the need to creatively billion in tax credits for that school The assistant legislative clerk pro- expand educational opportunities for construction and renovation, I think ceeded to call the roll. all of our citizens. he is talking about an issue that most Mr. GREGG. Mr. President, I ask f Americans and most families can cer- unanimous consent that the order for tainly understand. the quorum call be rescinded. RETIREMENT OF TREVA TURNER This is a time to invest in America, The PRESIDING OFFICER (Mr. Mr. THURMOND. Mr. President, I not a time to provide a windfall tax CRAPO). Without objection, it is so or- rise to today to recognize the dilligent break for the wealthiest people in our dered. service of Ms. Treva Turner, who is re- country. The President maintains f tiring from the Congressional Research strong fiscal discipline, targets his tax Service after 33-years of providing in- CHILDREN’S SCHOLARSHIP relief to Americans who need it, and valuable assistance to Senators, Rep- WORKSHOP makes certain that our highest pri- resentatives, and members of their ority of preserving Social Security and Mr. LOTT. Mr. President, I want to staffs. Medicare and reducing national debt is take a few moments to turn our atten- It is probably safe to say that the im- met. tion to an exciting and worthwhile ages that most people associate with There is also a suggestion that we in- project for America’s young people: the the United States Congress are those of crease defense spending. As a member Children’s Scholarship Fund. the Capitol Building or the 535 men and of the Defense Appropriations Sub- Last June, two great Americans, con- women who serve in the Senate and committee, I am going to watch this cerned about the state of education in House Chambers. Afterall, millions of carefully. I understand, as most people America, particularly about the way in Americans see us cast votes as they do, that national defense is one of our which children of low-income families watch C–SPAN and C–SPAN2, or recog- highest priorities. I want to make cer- are often without educational options, nize the Capitol from a trip to Wash- tain that we dedicate our resources, founded the Children’s Scholarship ington, DC, or from seeing it used as a first and foremost, to the men and Fund with their own substantial pri- backdrop for television news reports or women in uniform to make certain vate investments. I speak of Ted in movies. What most Americans do that they are compensated well and Forstmann of Forstmann-Little and not realize is that the Congress extends have a fair retirement plan. Company and Gulfstream Aerospace far beyond the Capitol Building, and It is a personal embarrassment to and of John Walton of Wal-Mart those that work in these two chambers me, and it should be to every Member Stores. Based on their firm belief that are not limited to those of us who hold of Congress, to learn that so many a child should not be denied edu- office. members of the U.S. military today cational opportunity because of his or As each of us knows, we rely on what qualify for food stamps. That shouldn’t her family’s financial situation, these is literally a small army of men and be the case. We ought to make certain two citizens are improving the edu- women to provide us with advice, sup- that the amount of money paid to our cation of young Americans, and there- port, and analysis. Among those orga- military personnel is adequate not only by improving the lives of all Ameri- nizations which support our work, per- to maintain their families, but to at- cans. haps the greatest treasure is the Con- tract and retain the very best in uni- When Mr. Forstmann and Mr. Walton gressional Research Service, commonly form across America. We owe our free- announced the creation of the Chil- known as ‘‘CRS’’. For more than the dom to these men and women. We dren’s Scholarship Fund in June 1998, past three decades, Treva Turner has should compensate them accordingly. they began with programs in five cit- been a loyal, dilligent, and selfless em- Of course, technology is part of that, ies. The demand and enthusiasm with ployee of CRS, and her efforts have but let’s make sure the technology de- which they were greeted was so over- been of immeasurable help to many of mands are consistent with the post- whelming that scarcely three months us as we have debated any number of cold war world, that it is a technology later they joined with donors around matters before the Senate. demand that really envisions Amer- the country to make scholarships Treva’s speciality was education ica’s future role in the world in real- available in forty three cities and three issues, and as each of us places a great istic terms. entire states. Now, only eight months priority on providing for the future of I conclude by saying that I think after the launch of the Children’s America’s children, she was kept busy that the President’s budget has areas Scholarship Fund, low-income children with any number of projects and re- where I might disagree and probably throughout the entire United States search requests. Despite her heavy will. It has areas that Congress will are eligible for scholarships. As of workload, Treva was always pleasant, certainly address in a different way, today, the Children’s Scholarship Fund outgoing, and ready to share her wry but it is a budget based on the right is nationwide, and will provide approxi- sense of humor with her many friends. principles, a budget to keep America mately 40,000 scholarships worth nearly Furthermore, she was always ready to on a track for prosperity and economic $170 million. All low-income families lend assistance to people, whether they improvement. When we look at the throughout this country with children were co-workers in the Congressional growth in our domestic product each entering kindergarten through eight Research Service, or staffers who wan- and every quarter, the encouragement grade next fall may now be eligible to dered into the Senate Reference Cen- it gives us, I think it suggests that we receive scholarships. ter. Treva’s professionalism and exper- ought to think long and hard before we On April 22nd, the names of the Chil- tise assured that she provided prompt abandon this course we have been on— dren’s Scholarship Fund scholarship re- and impartial information and analysis a successful course, with 95 consecutive cipients will be selected in a random to all Members of Congress and their months of economic expansion. Those drawing. Families must have sub- staffs. who want to experiment with another mitted their completed applications no As with any professional, Treva’s approach, perhaps they can make that later than March 31st to be eligible. I dedication to her job did not end with case to the American people; but, urge my colleagues to make a note of her assigned duties. Her work as a today, two-thirds of the American peo- these important dates. founding member of the Library of ple say: Stay on this course, keep us In the meantime, I commend Ted Congress Professional Association, moving forward in the right way, help- Forstmann and John Walton and ev- along with her service on the Reference ing working families and preserving eryone associated with the Children’s Forum, help to assure that CRS met

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1133 the needs and expectations of its pri- team member deserves to be recognized Senate’s commitment to the American mary users. and I will mention them in numerical people to make our streets safe from Mr. President, I know that Treva order: Jason Elam, Bubby Brister, crime, to ensure that the benefits of Turner is going to be missed by all Brian Griese, Tom Rouen, Tory James, this great technological and commu- those who had the opportunity to work Darrien Gordon, Vaughn Hebron, nications age reach all our people with her. I also know that each of us is Darrius Johnson, Eric Brown, Steve unencumbered by artificial legal bar- grateful for the dedicated service and Atwater, Tito Paul, Howard Griffith, riers, and to ensure that we preserve support she has rendered to the United Derek Loville, Tyrone Braxton, An- and protect the rule of law. I will have States Congress and that we wish her thony Lynn, Ray Crockett, Detron more to say in the coming days about health, happiness, and success in the Smith, George Coghill, John Mobley, this agenda. Today, however, I would years to come. Bill Romanowski, Nate Wayne, Keith like to focus my comments on what I f Burns, Glenn Cadrez, K.C. Johns, Dan believe are highly irresponsible cuts to Neil, David Diaz-Infante, Tom Nalen, administration of justice programs in RECOGNIZING THE ACHIEVEMENT Mark Schlereth, Trey Teague, Cyron the President’s budget proposal. OF THE DENVER BRONCOS Brown, Harry Swayne, Tony Jones, This year, criminal justice issues Mr. CAMPBELL. Mr. President, Matt Lepsis, Chris Banks, Rod Smith, should and will once again require the today I recognize the members of the Marcus Nash, Justin Armour, Shannon attention of the Senate. Many of our World Champion Denver Broncos of the Sharpe, Willie Green, Byron Chamber- communities are not sharing equally in National Football League and their lain, Ed McCaffrey, Dwayne Carswell, the decline in crime rates. For in- stunning Super Bowl victory this past Neil Smith, Alfred Williams, Trevor stance, according to FBI data, while weekend. Pryce, Keith Traylor, Marvin Wash- the rate of violent crimes decreased na- For the second consecutive year, the ington, Harald Hasselbach, Mike tionally by four percent in 1997, the Denver Broncos have proven the value Lodish, Maa Tanuvasa, Seth Joyner, FBI’s Uniform Crime Reports dem- of dedication, preparation and execu- Steve Russ, Jeff Lewis, Chris Gizzi, onstrate that in the Mountain West, tion as they played through the regular Andre Cooper, Tori Noel, Curtis Alex- the decline was only 2.4 percent, and football season, into the playoffs and in ander, Viliami Maumau, Marvin Thom- my state of Utah posted a slight in- the league championship, Super Bowl as; and the coaching staff, Frank Bush, crease. Similarly, property crimes de- XXXIII. Barney Chavous, Rick Dennison, Ed creased nationally 3.1 percent, but only I would also like to recognize the At- Donatell, George Dyer, Alex Gibbs, decreased one-half of one percent in lanta Falcons for a terrific season. Mike Heimerdinger, Gary Kubiak, Pat the Mountain West. Again, my state of They deserve praise for their efforts McPherson, Brian Pariani, Ricky Por- Utah actually had an increase in prop- and a well fought game. Few gave them ter, Greg Robinson, Greg Saporta, Rick erty crime. Compared to rates in the a chance to make it as far as they did; Smith, John Teerlinck, Bobby Turner, Northeast, the violent crime rate is but, they proved to everyone that they and Rich Tuten. 46.4 percent higher in the West and 52.1 are a team of the future. Many people also underestimated the percent higher in the South. Most folks know how close the Den- strength of the Denver Broncos’ de- And it is not just crime rates that ver Broncos came during the past sea- fense. When push came to shove, the need further improvement. The youth son to going undefeated. In addition, defense kept the second best running drug epidemic continues to plague us. the Denver Bronco players and the en- back in the game this season from According to the National Institute of tire organization won more games dur- gaining 100 rushing yards and inter- Drug Abuse’s Monitoring the Future ing the three most recent seasons than cepted three passes from the opposing surveys, drug use among our youth has any other NFL team. Great teams are quarterback in the Super Bowl. De- grown substantially, and recent mar- measured by sustained success and by fense wins championships, and Den- ginal improvement cannot hide the any measure, the Denver Broncos rank ver’s defense proved this to be true. fact that more of our young people among the greatest teams in history. Mr. President, the offensive line than ever are ensnared by drugs. From For the first time in nearly 20 years needs to be recognized for an out- 1991 to 1998, the lifetime use of mari- the Broncos, an American Football standing effort—season after season. juana—the gateway to harder drugs— Conference team, won back to back The reason the Denver Broncos run- has increased among school-age youth. Super Bowls. A total team effort was ning and passing attack was so domi- The number of 8th graders reporting to exemplified by the Denver Broncos this nant was, in large part, due to the ef- have ever used marijuana has increased season. forts of the offensive line. by 55 percent from 1991 to 1998, and the Mr. President, I would also like to The Denver Broncos have come a number of 8th graders who have used recognize several members of the Den- long way since their introduction into marijuana within the past year has in- ver Broncos organization for their out- the American Football League in 1960, creased by 173 percent in that same standing achievements during this past with their mustard and brown vertical time. season. Specifically, Owner Pat Bowlen striped socks, to the Denver Broncos of Not surprisingly, then, use of harder and Head Coach Mike Shanahan for today which have dominated the NFL drugs has also increased. The number their proven ability to assemble the with two consecutive world champion- of 8th graders who have used cocaine necessary players and develop game ships. within the past year has increased by plans that consistently provide vic- It is a special honor for me to make 181 percent from 1991 to 1998, and the tories for this franchise; Quarterback a Senate floor statement for the second number these students who have used John Elway, Super Bowl XXXIII’s Most year in a row to congratulate the Den- heroin within the past year has in- Valuable Player and a consistent Pro ver Broncos. Today I invite my Senate creased by 86 percent in the same time Bowl caliber quarterback who for 16 colleagues to join me in a Mile High period. And significantly, 1997 to 1998, seasons has been the uncontested lead- Salute to the World Champion Denver lifetime heroin use by 8th and 10th er of the Denver Broncos and a valu- Broncos. graders has increased by 0.2 percent, able civic leader and role model for f meaning that the use of this deadly young Americans; and running back drug is still on the rise among our Terrell Davis, the NFL’s Most Valuable PRESIDENT CLINTON’S ADMINIS- youth. Player for the 1998–99 season. TRATION OF JUSTICE BUDGET Because we have so far to go in our These people are the most recogniz- CUTS fight against crime and drugs, I am able names in the Broncos’ organiza- Mr. HATCH. Mr. President, even as particularly disturbed by the Presi- tion and are major contributors to the the Senate has been weighing historic dent’s proposed budget for the Depart- Broncos’ success. But, like in my of- matters, the important work of the Ju- ment of Justice. The Clinton budget fice, the total team effort is what made diciary Committee has gone forward as provides only a marginal 1.6 percent in- the Broncos victorious. The entire well. I am pleased to report that the crease in DOJ funding for FY 2000. But team worked together and went after Judiciary Committee is working to de- even this slight increase pales com- and achieved a common goal. Each velop an agenda that will continue the pared to the massive cuts President

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1134 CONGRESSIONAL RECORD — SENATE February 3, 1999 Clinton is proposing in assistance to Mr. President, the recent gains of President Clinton’s budget for Admin- state and local law enforcement. Let state and local law enforcement in the istration of Justice spending is in need me alert my colleagues to what the fight against violent crime are fragile, of significant attention. President is proposing. and have been based largely on the I intend to see that this budget and Undisclosed by the Administration’s Congress’s endless push to place the in- administration of justice programs get spin machine and most media reports, terests of the law abiding over the es- that attention. As Chairman of the Ju- President Clinton is proposing more tablishment of new social spending pro- diciary Committee, I would like to ad- than $1.5 billion in cuts to state and grams. Time and again, Congress has vise my colleagues that a priority of local crime fighting efforts. Among the had to remind President Clinton that the Committee this year will be the re- programs on the President’s chopping government’s first domestic responsi- authorization of the Department of block is the entire Violent Offender bility is to keep our streets and com- Justice. Included in this will be efforts and Truth in Sentencing Incentive munities free from crime. to address expiring authorizations from Grant program. This program has, by From the earliest days of the Clinton the 1994 crime law, a number of which any measure, been a tremendous suc- Administration, the President proposed have been vital to assisting state and cess, providing critical seed money to severe cuts in law enforcement. For ex- local government in reducing crime. I states for bricks and mortar prison ample, in March 1993, the President hope and expect that we will consider, construction and thus making our took the unprecedented step of firing on a bipartisan basis, the important streets safer. every incumbent United States Attor- funding and policy questions inherent Incarceration deters crime. Dramatic ney, a move the Administrative Office in this effort, so to ensure that the De- and historic reductions in sentence of the U.S. Courts later said contrib- partment can continue into the next lengths and the expectation of punish- uted to significant declines in federal century its important mission of up- ment from the 1950s onward fueled prosecutions. holding the rule of law. steep increases in crime in the Sixties, In 1994, the President proposed cut- We will hold a series of hearings, Seventies, and Eighties. Only after ting 1,523 Department of Justice law both in the newly established Criminal these incarceration trends began to be enforcement positions, including 847 in Justice Oversight Subcommittee and reversed in this decade, did crime rates the FBI, 355 in the DEA, and 143 in U.S. at Full Committee, with the goal being start to fall also. Attorney’s offices. Congress said no. to ensure that the Department of Jus- The Violent Offender and Truth in In 1996, 1997, and 1998, the President tice is making the most of the precious Sentencing Incentive Grant program has proposed cuts to state and local law enforcement dollars appropriated has been an important component of law enforcement assistance. Congress and that essential law enforcement pri- this effort. In response to federal as- has said no. orities are being met for the American sistance, states have changed their sen- And ever since 1995, the President has people. tencing laws. As the President’s own wanted to use badly needed prison con- Mr. President, I appreciate my col- Justice Department reported just last struction grants intended for bricks leagues’ attention. I look forward to month, because of this program, 70 per- and mortar to fund drug treatment and working with them on these important cent of prison admissions in 1997 were other social programs not shown to matters. I thank the Chair, and yield in states requiring criminals to serve have the same crime deterrent effect. the floor. at least 85 percent of their sentence. Congress has said no. The average time served by violent Now the President wants to cut the f criminals has increased 12.2 percent program entirely, and make further since 1993. With such success, why cuts in assistance to state and local RECORD CORRECTION would the President want to eliminate law enforcement. Let me summarize Mr. REID. On rollcall vote No. 8, the this program? these cuts: Senator from Maryland, Ms. MIKULSKI, And he doesn’t stop there. Also elimi- $50 million in Byrne grants for state was necessarily absent because of ill- nated in the President’s budget is the and local law enforcement—Cut. ness. In the CONGRESSIONAL RECORD of highly successful Local Law Enforce- $523 million in Local Law Enforce- January 28, her vote was erroneously ment Block Grant program, which ment Block Grants—Cut. announced as ‘‘aye.’’ Her vote on roll- since 1995 has provided more than $2 $645 million in Truth in Sentencing call vote No. 8 should have been an- billion in funding for equipment and Grants—Cut. nounced as ‘‘no.’’ I ask unanimous con- technology directly to state and local $85 million for criminal alien incar- sent that the RECORD be changed to re- law enforcement. The President wants ceration—Cut. flect this correction. to cut 20 percent from the Bulletproof $250 million for juvenile crime and The PRESIDING OFFICER. Without Vest Partnership Grant Act, which he accountability grants—Cut. objection, it is so ordered. signed into law just last year, to pro- $4 million in Violence Against vide vests to protect officers whose de- Women Grants—Cut. f partments otherwise could not afford $12.5 million in COPS grants tar- this life-saving equipment. The Presi- geting domestic violence—Cut. APPOINTMENT BY THE VICE dent wants to cut $50 million from the Even the President’s own COPS pro- PRESIDENT successful and popular Byrne Grant gram—$125 million Cut. The PRESIDING OFFICER. The program, which provides funding for And what does the President want to Chair, on behalf of the Vice President, numerous state crime-fighting initia- fund? $200 million for a program to in accordance with 22 U.S.C. 1928a– tives, and he proposes funding changes turn prosecutors into social workers, 1928d, as amended, appoints the Sen- that put this program at further risk in who ‘‘focus on the offender, rather than ator from Delaware (Mr. ROTH) as future budgets. The President wants to the specific offense,’’ and provide pun- Chairman of the Senate Delegation to cut by $85 million funding that reim- ishments such as recreational pro- the North Atlantic Assembly during burses states for the costs of incarcer- grams for criminals up to age 22 who the 106th Congress. ating criminal aliens. He wants to cut commit violent offenses, including $4 million from the Violence Against weapons offenses, drug distribution, f Women program, and $12.5 million from hate crimes, and civil rights violations. COPS grants targeting violence against It appears that Congress will have to APPOINTMENT BY THE MAJORITY women. And the Clinton budget slashes say no again, and once again remind LEADER the entire juvenile accountability President Clinton that our govern- The PRESIDING OFFICER. The block grant, which over the past two ment’s first domestic duty is to protect Chair, announces, on behalf of the Ma- years has provided $500 million for the people from crime and violence. I jority Leader, pursuant to Public Law states and local government to address will have more to say in the coming 105–83, his appointment of the Senator the single most ominous crime threat days about the President’s budget and from Alabama (Mr. SESSIONS) to serve we face—serious and violent juvenile the Judiciary Committee’s agenda, but as a member of the National Council on crime. suffice it to say, however, that I find the Arts.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1135 APPOINTMENT BY THE VICE waiver. This semiannual report is sub- bia, transmitting, pursuant to law, a report PRESIDENT mitted as required by law pursuant to on D.C. ACT 12–434, ‘‘Vendor Payment and the determination of December 5, 1997. Drug Abuse, Alcohol Abuse, and Mental Ill- The PRESIDING OFFICER. The ness Coverage Temporary Act of 1998’’; to the Chair, on behalf of the Vice President, WILLIAM J. CLINTON. Committee on Governmental Affairs. in accordance with 22 U.S.C. 1928a– THE WHITE HOUSE, February 2, 1999. EC–1144. A communication from the Chair- 1928d, as amended, appoints the Sen- f man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report ator from Delaware (Mr. BIDEN) as Vice on D.C. ACT 12–453, ‘‘Public School Nurse As- Chairman of the Senate Delegation to EXECUTIVE AND OTHER COMMUNICATIONS signment Temporary Amendment Act of the North Atlantic Assembly during 1998’’; to the Committee on Governmental the 106th Congress. The following communications were Affairs. laid before the Senate, together with EC–1145. A communication from the Chair- f accompanying papers, reports, and doc- man of the Council of the District of Colum- APPOINTMENT BY THE VICE uments, which were referred as indi- bia, transmitting, pursuant to law, a report PRESIDENT on D.C. ACT 12–422, ‘‘Board of Elections and cated: Ethics Subpoena Authority Temporary The PRESIDING OFFICER. The EC–1133. A communication from the Chair- Amendment Act of 1998’’; to the Committee Chair, on behalf of the Vice President, man of the Council of the District of the Co- on Governmental Affairs. pursuant to 22 U.S.C. 276h–276k, as lumbia, transmitting, pursuant to law, a re- EC–1146. A communication from the Chair- port on D.C. ACT 12–467, ‘‘Cathedral Way man of the Council of the District of Colum- amended, appoints the Senator from Symbolic Designation Act of 1998’’; to the bia, transmitting, pursuant to law, a report Connecticut (Mr. DODD) as Vice Chair- Committee on Governmental Affairs. on D.C. ACT 12–426, ‘‘Uniform Per Student man of the Senate Delegation to the EC–1134. A communication from the Chair- Funding Formula for Public Schools and Mexico-U.S. Interparliamentary Group man of the Council of the District of Colum- Public Charter Schools Second Temporary during the 106th Congress. bia, transmitting, pursuant to law, a report Act of 1998’’; to the Committee on Govern- on D.C. ACT 12–465, ‘‘Department of Human mental Affairs. f Services and Commission on Mental Health EC–1147. A communication from the Chair- MESSAGES FROM THE PRESIDENT Services Mandatory Employee Drug and Al- man of the Council of the District of Colum- cohol Testing Temporary Amendment Act of bia, transmitting, pursuant to law, a report Messages from the President of the 1998’’; to the Committee on Governmental on D.C. ACT 12–399, ‘‘Fiscal Year 1999 Budget United States were communicated to Affairs. Support Act of 1998’’; to the Committee on the Senate by Mr. Williams, one of his EC–1135. A communication from the Chair- Governmental Affairs. EC–1148. A communication from the Chair- man of the Council of the District of Colum- secretaries. man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report EXECUTIVE MESSAGES REFERRED bia, transmitting, pursuant to law, a report on D.C. ACT 12–461, ‘‘Office of the Inspector on D.C. ACT 12–418, ‘‘Arson Investigators As in executive session the Presiding General Law Enforcement Powers Amend- Officer laid before the Senate messages Amendment Act of 1998’’; to the Committee ment Act of 1998’’; to the Committee on Gov- on Governmental Affairs. from the President of the United ernmental Affairs. EC–1149. A communication from the Chair- States submitting sundry nominations EC–1136. A communication from the Chair- man of the Council of the District of Colum- which were referred to the Committee man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report on Armed Services. bia, transmitting, pursuant to law, a report on D.C. ACT 12–419, ‘‘Office of the Inspector (The nominations received today are on D.C. ACT 12–460, ‘‘Closing of a Public General Law Enforcement Powers Tem- printed at the end of the Senate pro- Alley in Square 457, S.O. 90–364 Act of 1998’’; porary Amendment Act of 1998’’; to the Com- to the Committee on Governmental Affairs. mittee on Governmental Affairs. ceedings.) EC–1137. A communication from the Chair- EC–1150. A communication from the Chair- f man of the Council of the District of Colum- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report REPORT CONCERNING THE EMI- on D.C. ACT 12–459, ‘‘Mutual Holding Com- on D.C. ACT 12–420, ‘‘Drug-Related Nuisance GRATION LAWS AND POLICIES pany Mergers and Acquisition Amendment Abatement Temporary Act of 1998’’; to the OF ALBANIA—MESSAGE FROM Act of 1998’’; to the Committee on Govern- Committee on Governmental Affairs. THE PRESIDENT RECEIVED DUR- mental Affairs. EC–1151. A communication from the Chair- man of the Council of the District of Colum- ING ADJOURNMENT—PM 2 EC–1138. A communication from the Chair- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report Under the authority of the order of bia, transmitting, pursuant to law, a report on D.C. ACT 12–421, ‘‘Oyster Elementary the Senate of January 6, 1999, the Sec- on D.C. ACT 12–458, ‘‘Uniform Prudent Inves- School Construction and Revenue Bond Act retary of the Senate, on February 2, tor Act of 1998’’; to the Committee on Gov- of 1998’’; to the Committee on Governmental 1999, during the adjournment of the ernmental Affairs. Affairs. EC–1139. A communication from the Chair- EC–1152. A communication from the Dep- Senate, received the message from the uty Associate Administrator for Acquisition President of the United States, to- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report Policy, U.S. General Services Administra- gether with an accompanying report; on D.C. ACT 12–457, ‘‘Metropolitan African tion, transmitting, pursuant to law, the re- which was referred to the Committee Methodist Episcopal Church Equitable Real port of a rule entitled ‘‘General Services Ad- on Finance. Property Tax Relief Act of 1998’’; to the ministration Acquisition Regulation; Committee on Governmental Affairs. Streamlining Administration of Federal To the Congress of the United States: Supply Service (FSS) Multiple Award Sched- EC–1140. A communication from the Chair- ule [MAS) Contracts and Clarifying Marking I am submitting an updated report to man of the Council of the District of Colum- Requirements’’ (RIN3090–AG81) received on the Congress concerning the emigra- bia, transmitting, pursuant to law, a report January 22, 1999; to the Committee on Gov- tion laws and policies of Albania. The on D.C. ACT 12–456, ‘‘Mount Calvary Holy ernmental Affairs. report indicates continued Albanian Evangelistic Church Equitable Real Prop- EC–1153. A communication from the Chair- compliance with the U.S. and inter- erty Tax Relief Act of 1998’’; to the Com- man and Chief Executive Officer of the Farm national standards in the area of emi- mittee on Governmental Affairs. Credit Administration, transmitting, pursu- gration. In fact, Albania has imposed EC–1141. A communication from the Chair- ant to law, the Administration’s annual re- no emigration restrictions, including man of the Council of the District of Colum- port under the Federal Managers’ Financial bia, transmitting, pursuant to law, a report Integrity Act for fiscal year 1998; to the exit visa requirements, on its popu- on D.C. ACT 12–455, ‘‘Historic Motor Vehicle lation since 1991. Committee on Governmental Affairs. Vintage License Plate Amendment Act of EC–1154. A communication from the Chair- On December 5, 1997, I determined 1998’’; to the Committee on Governmental man of the Armed Forces Retirement Home and reported to the Congress that Al- Affairs. Board, transmitting, pursuant to law, the bania is not in violation of paragraphs EC–1142. A communication from the Chair- Board’s annual report under the Federal (1), (2), or (3) of subsection 402(a) of the man of the Council of the District of Colum- Managers’ Financial Integrity Act for fiscal Trade Act of 1974, or paragraphs (1), (2), bia, transmitting, pursuant to law, a report year 1998; to the Committee on Govern- or (3) of subsection 409(a) of that act. on D.C. ACT 12–454, ‘‘Adult Education Des- mental Affairs. ignation Temporary Amendment Act of EC–1155. A communication from the Direc- That action allowed for the continu- 1998’’; to the Committee on Governmental tor of the National Science Foundation, ation of normal trade relations status Affairs. transmitting, pursuant to law, the Founda- for Albania and certain other activities EC–1143. A communication from the Chair- tion’s annual report under the Federal Man- without the requirement of an annual man of the Council of the District of Colum- agers’ Financial Integrity Act for fiscal year

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1136 CONGRESSIONAL RECORD — SENATE February 3, 1999 1998; to the Committee on Governmental Af- EC–1166. A communication from the Chief 98N–0520) received on January 19, 1999; to the fairs. of the Regulations Unit, Internal Revenue Committee on Health, Education, Labor, and EC–1156. A communication from the Chief Service, Department of the Treasury, trans- Pensions. of the Regulations Unit, Internal Revenue mitting, pursuant to law, the report of a rule EC–1178. A communication from the Direc- Service, Department of the Treasury, trans- entitled ‘‘Continuation of Partnership’’ (Rev. tor of the Regulations Policy and Manage- mitting, pursuant to law, the report of a rule Rul. 99–6) received on January 15, 1999; to the ment Staff, Food and Drug Administration, entitled ‘‘Disclosure of Return Information Committee on Finance. Department of Health and Human Services, to the Bureau of the Census’’ (RIN1545–AV83) EC–1167. A communication from the Chief transmitting, pursuant to law, the report of received on January 22, 1999; to the Com- of the Regulations Unit, Internal Revenue a rule entitled ‘‘Foods and Drugs; Technical mittee on Finance. Service, Department of the Treasury, trans- Amendments’’ received on January 19, 1999; EC–1157. A communication from the Chief mitting, pursuant to law, the report of a rule to the Committee on Health, Education, of the Regulations Unit, Internal Revenue entitled ‘‘Determination of Issue Price in the Labor, and Pensions. Service, Department of the Treasury, trans- Case of Certain Debt Instruments Issued for EC–1179. A communication from the Sec- mitting, pursuant to law, the report of a rule Property’’ (Rev. Rul. 99–8) received on Janu- retary of the Interior and the Secretary of entitled ‘‘Action on Decision: Murillo v. ary 21, 1999; to the Committee on Finance. Commerce, transmitting, pursuant to law, a Commissioner’’ (Docket 18163–96) received on EC–1168. A communication from the Chief report on the socio-economic benefits to the January 22, 1999; to the Committee on Fi- of the Regulations Unit, Internal Revenue United States of the striped bass resources of nance. Service, Department of the Treasury, trans- the Atlantic coast; to the Committee on EC–1158. A communication from the Direc- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. tor of the Regulations Policy and Manage- entitled ‘‘Notice and Opportunity for Hear- EC–1180. A communication from the Sec- ment Staff, Food and Drug Administration, ing Upon Filing of Notice of Lien’’ (RIN1545– retary of Commerce, transmitting, pursuant Department of Health and Human Services, AW77) received on January 20, 1999; to the to law, the Department’s report entitled transmitting, pursuant to law, the report of Committee on Finance. ‘‘Grant-In-Aid for Fisheries; Program Report a rule entitled ‘‘Indirect Food Additives: Ad- EC–1169. A communication from the Chief 1997–1998’’ received on January 20, 1999; to hesives and Components of Coatings’’ (Dock- of the Regulations Unit, Internal Revenue the Committee on Commerce, Science, and et 96F–0136) received on January 22, 1999; to Service, Department of the Treasury, trans- Transportation. the Committee on Health, Education, Labor, mitting, pursuant to law, the report of a rule EC–1181. A communication from the Asso- and Pensions. entitled ‘‘Notice and Opportunity for Hear- ciate Managing Director for Performance EC–1159. A communication from the Direc- ing Before Levy’’ (RIN1545–AW76) received on Evaluation and Records Management, Fed- tor of the Regulations Policy and Manage- January 20, 1999; to the Committee on Fi- eral Communications Commission, transmit- ment Staff, Food and Drug Administration, nance. ting, pursuant to law, the report of a rule en- Department of Health and Human Services, EC–1170. A communication from the Execu- titled ‘‘Policies and Rules Concerning Unau- transmitting, pursuant to law, the report of tive Director of the District of Columbia Fi- thorized Changes of Consumers’ Long Dis- a rule entitled ‘‘Indirect Food Additives: Ad- nancial Responsibility and Management As- tance Carriers’’ (Docket No. 94–129) received juvants, Production Aids, and Sanitizers’’ sistance Authority, transmitting, pursuant on January 20, 1999; to the Committee on (Docket 97F–0421) received on January 22, to law, the Authority’s first quarter report Commerce, Science, and Transportation. 1999; to the Committee on Health, Education, for fiscal year 1999; to the Committee on EC–1182. A communication from the Direc- Labor, and Pensions. Governmental Affairs. tor of the Office of Sustainable Fisheries, EC–1160. A communication from the Assist- EC–1171. A communication from the Execu- National Marine Fisheries Service, Depart- ant Secretary for Legislative Affairs, De- tive Director of the Committee for Purchase ment of Commerce, transmitting, pursuant partment of State, transmitting, pursuant to From People Who Are Blind or Severely Dis- to law, the report of a rule entitled ‘‘Atlan- law, notice of a proposal to provide Non- abled, transmitting, pursuant to law, a list tic Tuna Fisheries; Atlantic Bluefin Tuna’’ proliferation and Disarmament Fund assist- of additions to and deletions from the Com- (I.D. 122198B) received on January 21, 1999; to ance to support a Nuclear Suppliers Group mittee’s Procurement List dated January 13, the Committee on Commerce, Science, and Seminar; to the Committee on Foreign Rela- 1999; to the Committee on Governmental Af- Transportation. tions. fairs. EC–1183. A communication from the Dep- EC–1161. A communication from the Direc- EC–1172. A communication from the Comp- uty Assistant Administrator for Fisheries, tor of the Office of Management and Budget, troller General of the United States, trans- National Marine Fisheries Service, Depart- Executive Office of the President, transmit- mitting, pursuant to law, a list of General ment of Commerce, transmitting, pursuant ting, pursuant to law, a cumulative report Accounting Office reports issued or released to law, the report of a rule entitled ‘‘Fish- on rescissions and deferrals dated January in December 1998; to the Committee on Gov- eries of the Northeastern United States; 12, 1999; transmitted jointly, pursuant to the ernmental Affairs. Northeast Multispecies Fishery; Framework order of January 30, 1975, as modified by the EC–1173. A communication from the Chair Adjustment 26’’ (RIN0648–AM14) received on order of April 11, 1986, to the Committee on of the Christopher Columbus Fellowship January 20, 1999; to the Committee on Com- Appropriations, to the Committee on the Foundation, transmitting, pursuant to law, merce, Science, and Transportation. Budget, and to the Committee on Foreign the foundation’s annual report under the EC–1184. A communication from the Dep- Relations. Federal Managers’ Financial Integrity Act uty Assistant Administrator for Fisheries, EC–1162. A communication from the Sec- for fiscal year 1998; to the Committee on National Marine Fisheries Service, Depart- retary of Health and Human Services, trans- Governmental Affairs. ment of Commerce, transmitting, pursuant mitting, pursuant to law, the department’s EC–1174. A communication from the Sec- to law, the report of a rule entitled ‘‘Fish- report on a schedule for the development of retary of Health and Human Services, trans- eries of the Caribbean, Gulf of Mexico, and a prospective payment system for home mitting a draft of proposed legislation enti- South Atlantic; Snapper-Grouper Fishery off health services furnished under the Medicare tled ‘‘The National Family Caregiver Sup- the Southern Atlantic States; Amendment 9; program; to the Committee on Finance. port Act’’; to the Committee on Health, Edu- OMB Control Numbers’’ (I.D. 082698D) re- EC–1163. A communication from the Chief cation, Labor, and Pensions. ceived on January 21, 1999; to the Committee of the Regulations Unit, Bureau of Alcohol, EC–1175. A communication from the Sec- on Commerce, Science, and Transportation. Tobacco and Firearms, Department of the retary of Health and Human Services, trans- EC–1185. A communication from the Dep- Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the Department’s uty Assistant Administrator for Fisheries, report of a rule entitled ‘‘Texas Davis Moun- annual report on the Comprehensive Commu- National Marine Fisheries Service, Depart- tains Viticultural Area’’ (RIN1512–AA07) re- nity Mental Health Services for Children and ment of Commerce, transmitting, pursuant ceived on December 8, 1998; to the Committee Their Families Program; to the Committee to law, the report of a rule entitled ‘‘Fish- on Finance. on Health, Education, Labor, and Pensions. eries of the Exclusive Economic Zone off EC–1164. A communication from the Chief EC–1176. A communication from the Acting Alaska; Vessel Moratorium Program’’ (I.D. Counsel of the Bureau of the Public Debt, Assistant General Counsel for Regulations, 090998B) received on January 21, 1999; to the Department of the Treasury, transmitting, Department of Education, transmitting, pur- Committee on Commerce, Science, and pursuant to law, the report of a rule entitled suant to law, the report of a rule entitled Transportation. ‘‘Sale and Issue of Marketable Book-Entry ‘‘Jacob K. Javits Fellowship Program’’ re- EC–1186. A communication from the Acting Treasury Bills, Notes, and Bonds’’ (No. 1–93) ceived on January 20, 1999; to the Committee Clerk of the United States Court of Federal received on January 20, 1999; to the Com- on Health, Education, Labor, and Pensions. Claims, transmitting, pursuant to law, the mittee on Finance. EC–1177. A communication from the Direc- Court’s annual report for fiscal year 1998; to EC–1165. A communication from the Chief tor of the Regulations Policy and Manage- the Committee on the Judiciary. of the Regulations Unit, Internal Revenue ment Staff, Food and Drug Administration, EC–1187. A communication from the Dep- Service, Department of the Treasury, trans- Department of Health and Human Services, uty Under Secretary of Defense for Environ- mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of mental Security, transmitting, pursuant to entitled ‘‘Nonrecognition of Gain or Loss on a rule entitled ‘‘Medical Devices; Establish- law, the Department’s report on military in- Contribution’’ (Rev. Rul. 99–5) received on ment Registration and Device Listing for stallations where an integrated natural re- January 15, 1999; to the Committee on Fi- Manufacturers and Distributors of Devices; sources management plan is not appropriate; nance. Confirmation of Effective Date’’ (Docket to the Committee on Armed Services.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1137 EC–1188. A communication from the Assist- received on January 15, 1999; to the Com- and Information, Environmental Protection ant Secretary for Fish and Wildlife and mittee on Environment and Public Works. Agency, transmitting, pursuant to law, the Parks, Department of the Interior, transmit- EC–1199. A communication from the Direc- report of a rule entitled ‘‘Fenpropathrin; ting, pursuant to law, the Department’s re- tor of the Office of Regulatory Management Pesticide Tolerances for Emergency Exemp- port on Threatened National Historic Land- and Information, Environmental Protection tions’’ (FRL6047–3) received on January 14, marks; to the Committee on Energy and Agency, transmitting, pursuant to law, the 1999; to the Committee on Agriculture, Nu- Natural Resources. report of a rule entitled ‘‘Approval and Pro- trition, and Forestry. EC–1189. A communication from the Presi- mulgation of Implementation Plans; Des- EC–1208. A communication from the Direc- dent of the United States, transmitting, pur- ignation of Areas for Air Quality Planning tor of the Office of Regulatory Management suant to law, a report on the Australia Purposes; State of Missouri’’ (FRL6220–1) re- and Information, Environmental Protection Group’s controls on items governed under ceived on January 15, 1999; to the Committee Agency, transmitting, pursuant to law, the the Chemical Weapons Convention; to the on Environment and Public Works. report of a rule entitled ‘‘Imidacloprid; Pes- Committee on Foreign Relations. EC–1200. A communication from the Direc- ticide Tolerances for Emergency Exemp- EC–1190. A communication from the Presi- tor of the Office of Regulatory Management tions’’ (FRL6051–6) received on January 14, dent of the United States, transmitting, pur- and Information, Environmental Protection 1999; to the Committee on Agriculture, Nu- suant to law, a report on cost-sharing ar- Agency, transmitting, pursuant to law, the trition, and Forestry. rangements relative to the Convention on report of a rule entitled ‘‘Final Approval and EC–1209. A communication from the Direc- the Prohibition of the Development, Produc- Promulgation of Implementation Plans; tor of the Office of Regulatory Management tion, Stockpiling and Use of Chemical Weap- California State Implementation Plan Revi- and Information, Environmental Protection ons and Their Destruction; to the Committee sion, Bay Area Air Quality Management Dis- Agency, transmitting, pursuant to law, the on Foreign Relations. trict’’ (FRL6220–2) received on January 15, report of a rule entitled ‘‘Propiconazole; Pes- EC–1191. A communication from the Direc- 1999; to the Committee on Environment and ticide Tolerances for Emergency Exemp- tor of the Federal Emergency Management Public Works. tions’’ (FRL6049–8) received on January 14, Agency, transmitting, pursuant to law, a re- EC–1201. A communication from the Direc- 1999; to the Committee on Agriculture, Nu- port on funding expenditures relative to the tor of the Office of Regulatory Management trition, and Forestry. emergency declared as a result of Hurricane and Information, Environmental Protection EC–1210. A communication from the Direc- Georges’ impact on Mississippi; to the Com- Agency, transmitting, pursuant to law, the tor of the Office of Regulatory Management mittee on Environment and Public Works. report of a rule entitled ‘‘Approval and Pro- and Information, Environmental Protection EC–1192. A communication from the Direc- mulgation of Air Quality Implementation Agency, transmitting, pursuant to law, the tor of the Federal Emergency Management Plans; Texas; Reasonably Available Control report of a rule entitled ‘‘Approval and Pro- Agency, transmitting, pursuant to law, a re- Technology for Emissions of Volatile Or- mulgation of Air Quality Implementation port on funding expenditures relative to the ganic Compounds’’ (FRL6207–4) received on Plans; Texas; Multiple Air Contaminant emergency declared as a result of Hurricane January 15, 1999; to the Committee on Envi- Sources or Properties’’ (FRL6222–1) received Georges’ impact on Puerto Rico; to the Com- ronment and Public Works. on January 22, 1999; to the Committee on En- mittee on Environment and Public Works. EC–1202. A communication from the Direc- vironment and Public Works. EC–1193. A communication from the Direc- tor of the Office of Regulatory Management EC–1211. A communication from the Direc- tor of the Office of Regulatory Management tor of the Federal Emergency Management and Information, Environmental Protection and Information, Environmental Protection Agency, transmitting, pursuant to law, a re- Agency, transmitting, pursuant to law, the Agency, transmitting, pursuant to law, the port on funding expenditures relative to the report of a rule entitled ‘‘Acquisition Regu- report of a rule entitled ‘‘Approval of Sec- emergency declared as a result of Hurricane lation: Administrative Amendments’’ tion 112(1) Authority for Hazardous Air Pol- Georges’ impact on the Territory of the (FRL6222–5) received on January 15, 1999; to lutants; Perchloroethylene Air Emissions United States Virgin Islands; to the Com- the Committee on Environment and Public Standards for Dry Cleaning Facilities; State mittee on Environment and Public Works. Works. of California; Yolo-Solano Air Quality Man- EC–1194. A communication from the Direc- EC–1203. A communication from the Direc- agement District’’ (FRL6222–7) received on tor of the Federal Emergency Management tor of the Office of Regulatory Management January 22, 1999; to the Committee on Envi- Agency, transmitting, pursuant to law, a re- and Information, Environmental Protection ronment and Public Works. port on funding expenditures relative to the Agency, transmitting, pursuant to law, the EC–1212. A communication from the Direc- emergency declared as a result of Hurricane report of a rule entitled ‘‘Ambient Air Qual- tor of the Office of Regulatory Management Georges’ impact on the State of Florida; to ity Surveillance for Lead’’ (FRL6221–2) re- and Information, Environmental Protection the Committee on Environment and Public ceived on January 14, 1999; to the Committee Agency, transmitting, pursuant to law, the Works. on Environment and Public Works. report of a rule entitled ‘‘Diflufenzopyr; Pes- EC–1195. A communication from the Serv- EC–1204. A communication from the Direc- ticide Tolerance’’ (FRL6053–8) received on ice Federal Register Liaison Officer, Fish tor of the Office of Regulatory Management January 22, 1999; to the Committee on Agri- and Wildlife Service, Department of the Inte- and Information, Environmental Protection culture, Nutrition, and Forestry. rior, transmitting, pursuant to law, the re- Agency, transmitting, pursuant to law, the EC–1213. A communication from the Direc- port of a rule entitled ‘‘Endangered and report of a rule entitled ‘‘Approval and Pro- tor of the Office of Regulatory Management Threatened Wildlife and Plants; Emergency mulgation of Air Quality Implementation and Information, Environmental Protection Rule to List the San Bernardino Kangaroo Plans; State of Utah; Salt Lake City Carbon Agency, transmitting, pursuant to law, the Rat as Endangered’’ (RIN1018–AE59) received Monoxide Redesignation to Attainment, Des- report of a rule entitled ‘‘Nevada: Final Au- on January 20, 1999; to the Committee on En- ignation of Areas For Air Quality Planning thorization of State Hazardous Waste Man- vironment and Public Works. Purposes, and Approval of Related Revi- agement Program Revision’’ (FRL6226–1) re- EC–1196. A communication from the Ad- sions’’ (FRL6201–8) received on January 14, ceived on January 22, 1999; to the Committee ministrator of the Farm Service Agency, De- 1999; to the Committee on Environment and on Environment and Public Works. partment of Agriculture, transmitting, pur- Public Works. EC–1214. A communication from the Direc- suant to law, the report of a rule entitled EC–1205. A communication from the Direc- tor of the Office of Regulatory Management ‘‘Implementation of Preferred Lender Pro- tor of the Office of Regulatory Management and Information, Environmental Protection gram and Streamlining of Guaranteed Loan and Information, Environmental Protection Agency, transmitting, pursuant to law, the Regulations’’ (RIN0560–AF38) received on Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Subtitle D Regu- January 19, 1999; to the Committee on Agri- report of a rule entitled ‘‘Approval and Pro- lated Facilities; State Permit Program De- culture, Nutrition, and Forestry. mulgation of State Implementation Plans; termination of Adequacy; State Implementa- EC–1197. A communication from the Ad- California State Implementation Plan Revi- tion Rule—Amendments and Technical Cor- ministrator of the Food Safety and Inspec- sion, Antelope Valley Air Pollution Control rections’’ (FRL6223–8) received on January tion Service, Department of Agriculture, District’’ (FRL6213–5) received on January 22, 1999; to the Committee on Environment transmitting, pursuant to law, the report of 14, 1999; to the Committee on Environment and Public Works. a rule entitled ‘‘Agency Responsibilities, Or- and Public Works. EC–1215. A communication from the Direc- ganization, and Terminology; Final Rule’’ EC–1206. A communication from the Direc- tor of the Office of Regulatory Management (Docket 97–045F) received on January 19, tor of the Office of Regulatory Management and Information, Environmental Protection 1999; to the Committee on Agriculture, Nu- and Information, Environmental Protection Agency, transmitting, pursuant to law, the trition, and Forestry. Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Revocation of Tol- EC–1198. A communication from the Direc- report of a rule entitled ‘‘Confirmation of erances and Exemptions from the Require- tor of the Office of Regulatory Management Approval and Technical Amendment to Up- ment of a Tolerance for Canceled Pesticide and Information, Environmental Protection date the EPA Listing of OMB Approval Num- Active Ingredients; Correction’’ (FRL6044–2) Agency, transmitting, pursuant to law, the bers Under the Paperwork Reduction Act’’ received on January 19, 1999; to the Com- report of a rule entitled ‘‘Hazardous Waste (FRL6048–8) received on January 14, 1999; to mittee on Agriculture, Nutrition, and For- Treatment, Storage, and Disposal Facilities the Committee on Environment and Public estry. and Hazardous Waste Generators; Organic Works. EC–1216. A communication from the Direc- Air Emission Standards for Tanks, Surface EC–1207. A communication from the Direc- tor of the Office of Regulatory Management Impoundments, and Containers’’ (FRL6221–9) tor of the Office of Regulatory Management and Information, Environmental Protection

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1138 CONGRESSIONAL RECORD — SENATE February 3, 1999 Agency, transmitting, pursuant to law, the (63FR67001) received on January 19, 1999; to port of a rule entitled ‘‘Airworthiness Direc- report of a rule entitled ‘‘Tebufenozide; Ex- the Committee on Banking, Housing, and tives; All Airplane Models of the New Piper tension of Tolerance for Emergency Exemp- Urban Affairs. Aircraft, Inc. (formerly Piper Aircraft Cor- tions’’ (FRL6053–4) received on January 19, EC–1226. A communication from the Gen- poration) That are Equipped with Wing Lift 1999; to the Committee on Agriculture, Nu- eral Counsel of the Federal Emergency Man- Struts’’ (Docket 96–CE–72–AD) received on trition, and Forestry. agement Agency, transmitting, pursuant to January 5, 1999; to the Committee on Com- EC–1217. A communication from the Direc- law, the report of a rule entitled ‘‘Changes in merce, Science, and Transportation. tor of the Office of Regulatory Management Flood Elevation Determinations’’ EC–1236. A communication from the Gen- and Information, Environmental Protection (63FR67003) received on January 19, 1999; to eral Counsel of the Department of Transpor- Agency, transmitting, pursuant to law, the the Committee on Banking, Housing, and tation, transmitting, pursuant to law, the re- report of a rule entitled ‘‘Approval and Pro- Urban Affairs. port of a rule entitled ‘‘Airworthiness Direc- mulgation of Air Quality Implementation EC–1227. A communication from the Gen- tives; Raytheon Aircraft Company Models Plans; Maryland; Control of VOC’s from the eral Counsel of the Department of Transpor- 1900, 1900C, and 1900D Airplanes’’ (Docket 98– Manufacture of Explosives and Propellant’’ tation, transmitting, pursuant to law, the re- CE–23–AD) received on January 5, 1999; to the (FRL6218–2) received on January 21, 1999; to port of a rule entitled ‘‘Airworthiness Direc- Committee on Commerce, Science, and the Committee on Environment and Public tives; McDonnell Douglass Model MD–11 Se- Transportation. EC–1237. A communication from the Gen- Works. ries Airplanes’’ (Docket 98–NM–348–AD) re- EC–1218. A communication from the Direc- ceived on January 21, 1999; to the Committee eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tor of the Office of Regulatory Management on Commerce, Science, and Transportation. port of a rule entitled ‘‘Airworthiness Direc- and Information, Environmental Protection EC–1228. A communication from the Gen- tives; Boeing Model 747 Series Airplanes’’ Agency, transmitting, pursuant to law, the eral Counsel of the Department of Transpor- (Docket 98–NM–327–AD) received on January report of a rule entitled ‘‘Hazardous Waste tation, transmitting, pursuant to law, the re- 5, 1999; to the Committee on Commerce, Management System; Identification and port of a rule entitled ‘‘Airworthiness Direc- Science, and Transportation. Listing of Hazardous Waste; Final Exclu- tives; Boeing Model 727 Series Airplanes EC–1238. A communication from the Gen- sion’’ (FRL6223–5) received on January 21, Modified in Accordance with Supplemental eral Counsel of the Department of Transpor- 1999; to the Committee on Environment and Type Certificate SA1444SO, SA1543SO, tation, transmitting, pursuant to law, the re- Public Works. SA1896SO, SA1740SO, or SA1667SO’’ (Docket port of a rule entitled ‘‘Amendment to Class EC–1219. A communication from the Direc- 97–NM–81–AD) received on January 21, 1999; E Airspace; Wise, VA’’ (Docket 98–AEA–39) tor of the Office of Regulatory Management to the Committee on Commerce, Science, received on January 5, 1999; to the Com- and Information, Environmental Protection and Transportation. mittee on Commerce, Science, and Transpor- Agency, transmitting, pursuant to law, the EC–1229. A communication from the Gen- tation. report of a rule entitled ‘‘Protection of eral Counsel of the Department of Transpor- EC–1239. A communication from the Gen- Stratospheric Ozone: Listing tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- Hexafluoropropylene (HFP) and HFP-Con- port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- taining Blends as Unacceptable Refrigerants tives; Boeing Model 727 Series Airplanes port of a rule entitled ‘‘Amendment to Class Under EPA’s Significant New Alternatives Modified in Accordance with Supplemental E Airspace; Winchester, VA’’ (Docket 98– Policy (SNAP) Program’’ (FRL6224–7) re- Type Certificate ST00015AT’’ (Docket 97–NM– AEA–42) received on January 5, 1999; to the ceived on January 21, 1999; to the Committee 80–AD) received on January 21, 1999; to the Committee on Commerce, Science, and on Environment and Public Works. Committee on Commerce, Science, and Transportation. EC–1220. A communication from the Direc- Transportation. EC–1240. A communication from the Gen- tor of the Office of Regulatory Management EC–1230. A communication from the Gen- eral Counsel of the Department of Transpor- and Information, Environmental Protection eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- Agency, transmitting, pursuant to law, the tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Amendment to Class report of a rule entitled ‘‘Protection of port of a rule entitled ‘‘Airworthiness Direc- E Airspace; Milton, WV’’ (Docket 98–AEA–41) Stratospheric Ozone: Listing MT–31 as an tives; Boeing Model 727 Series Airplanes received on January 5, 1999; to the Com- Unacceptable Refrigerant Under EPA’s Sig- Modified in Accordance with Supplemental mittee on Commerce, Science, and Transpor- nificant New Alternatives Policy (SNAP) Type Certificate SA1767S0, SA1768SO, or tation. Program’’ (FRL6224–6) received on January SA7447SW’’ (Docket 97–NM–09–AD) received EC–1241. A communication from the Gen- 21, 1999; to the Committee on Environment on January 21, 1999; to the Committee on eral Counsel of the Department of Transpor- and Public Works. Commerce, Science, and Transportation. tation, transmitting, pursuant to law, the re- EC–1221. A communication from the Gen- EC–1231. A communication from the Gen- port of a rule entitled ‘‘Drawbridge Oper- eral Counsel of the Federal Emergency Man- eral Counsel of the Department of Transpor- ation Regulations: Taunton River, MA’’ agement Agency, transmitting, pursuant to tation, transmitting, pursuant to law, the re- (Docket 01–97–098) received on January 11, law, the report of a rule entitled ‘‘Fee for port of a rule entitled ‘‘Airworthiness Direc- 1999; to the Committee on Commerce, Services to Support FEMA’s Offsite Radio- tives; Boeing Model 727 Series Airplanes Science, and Transportation. EC–1242. A communication from the Gen- logical Emergency Preparedness Program’’ Modified in Accordance with Supplemental eral Counsel of the Department of Transpor- (63FR69001) received on January 19, 1999; to Type Certificate SA1368SO, SA1797SO, or tation, transmitting, pursuant to law, the re- the Committee on Banking, Housing, and SA1798SO’’ (Docket 97–NM–79–AD) received port of a rule entitled ‘‘Special Local Regu- Urban Affairs. on January 21, 1999; to the Committee on lations; Eighth Coast Guard District Annual EC–1222. A communication from the Gen- Commerce, Science, and Transportation. Marine Events’’ (Docket 08–98–018) received eral Counsel of the Federal Emergency Man- EC–1232. A communication from the Gen- on January 11, 1999; to the Committee on agement Agency, transmitting, pursuant to eral Counsel of the Department of Transpor- Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘List of tation, transmitting, pursuant to law, the re- EC–1243. A communication from the Gen- Communities Eligible for the Sale of Flood port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- Insurance’’ (63FR70036) received on January tives; Pratt and Whitney JT8B and JT3D Se- tation, transmitting, pursuant to law, the re- 19, 1999; to the Committee on Banking, Hous- ries Turbofan Engines’’ (Docket 98–ANE–77– port of a rule entitled ‘‘Airworthiness Direc- ing, and Urban Affairs. AD) received on January 5, 1999; to the Com- tives; Airbus Model A321 Series Airplanes’’ EC–1223. A communication from the Gen- mittee on Commerce, Science, and Transpor- (Docket 98–NM–302–AD) received on January eral Counsel of the Federal Emergency Man- tation. 11, 1999; to the Committee on Commerce, agement Agency, transmitting, pursuant to EC–1233. A communication from the Gen- Science, and Transportation. law, the report of a rule entitled ‘‘Final eral Counsel of the Department of Transpor- EC–1244. A communication from the Gen- Flood Elevation Determinations’’ tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- (63FR67004) received on January 19, 1999; to port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- the Committee on Banking, Housing, and tives; British Aerospace Jetstream Model port of a rule entitled ‘‘Airworthiness Direc- Urban Affairs. 3101 Airplanes’’ (Docket 98–CE–100–AD) re- tives; Boeing Model 757 Series Airplanes’’ EC–1224. A communication from the Gen- ceived on January 5, 1999; to the Committee (Docket 98–NM–336–AD) received on January eral Counsel of the Federal Emergency Man- on Commerce, Science, and Transportation. 11, 1999; to the Committee on Commerce, agement Agency, transmitting, pursuant to EC–1234. A communication from the Gen- Science, and Transportation. law, the report of a rule entitled ‘‘Suspen- eral Counsel of the Department of Transpor- EC–1245. A communication from the Gen- sion of Community Eligibility’’ (63FR70037) tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- received on January 19, 1999; to the Com- port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- mittee on Banking, Housing, and Urban Af- tives; British Aerospace Jetstream Model port of a rule entitled ‘‘Airworthiness Direc- fairs. 3101 Airplanes’’ (Docket 98–CE–99–AD) re- tives; Rolls–Royce Limited, Bristol Engines EC–1225. A communication from the Gen- ceived on January 5, 1999; to the Committee Division and Rolls–Royce (1971) Limited, eral Counsel of the Federal Emergency Man- on Commerce, Science, and Transportation. Bristol Engines Division Viper Series Tur- agement Agency, transmitting, pursuant to EC–1235. A communication from the Gen- bojet Engines’’ (Docket 98–ANE–06–AD) re- law, the report of a rule entitled ‘‘Changes in eral Counsel of the Department of Transpor- ceived on January 11, 1999; to the Committee Flood Elevation Determinations’’ tation, transmitting, pursuant to law, the re- on Commerce, Science, and Transportation.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1139 EC–1246. A communication from the Gen- Ranch Airport, TX’’ (Docket 98–ASW–44) re- port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- ceived on January 8, 1999; to the Committee tives; Bell Helicopter Textron Canada tation, transmitting, pursuant to law, the re- on Commerce, Science, and Transportation. (BHTC) Model 430 Helicopters’’ (Docket 98– port of a rule entitled ‘‘Airworthiness Direc- EC–1257. A communication from the Gen- SW–68–AD) received on January 21, 1999; to tives; McDonnell Douglas Model MD–11 Se- eral Counsel of the Department of Transpor- the Committee on Commerce, Science, and ries Airplanes’’ (Docket 96–NM–227–AD) re- tation, transmitting, pursuant to law, the re- Transportation. ceived on January 11, 1999; to the Committee port of a rule entitled ‘‘Establishment of EC–1268. A communication from the Gen- on Commerce, Science, and Transportation. Class E Airspace; Oak Grove, LA’’ (Docket eral Counsel of the Department of Transpor- EC–1247. A communication from the Gen- 98–ASW–45) received on January 8, 1999; to tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- the Committee on Commerce, Science, and port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- Transportation. tives; Airbus Model A320 Series Airplanes’’ port of a rule entitled ‘‘Airworthiness Direc- EC–1258. A communication from the Gen- (Docket 98–NM–215–AD) received on January tives; Boeing Model 757–200 Series Airplanes eral Counsel of the Department of Transpor- 21, 1999; to the Committee on Commerce, Powered by Rolls–Royce RB211–535E4/E4B tation, transmitting, pursuant to law, the re- Science, and Transportation. Engines’’ (Docket 97–NM–311–AD) received on port of a rule entitled ‘‘Airworthiness Direc- EC–1269. A communication from the Gen- January 11, 1999; to the Committee on Com- tives; General Electric Company CF6–80C2 eral Counsel of the Department of Transpor- merce, Science, and Transportation. Series Turbofan Engines’’ (Docket 98–ANE– tation, transmitting, pursuant to law, the re- EC–1248. A communication from the Gen- 75–AD) received on January 8, 1999; to the port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- Committee on Commerce, Science, and tives; Fokker Model F.28 Mark 0070 Series tation, transmitting, pursuant to law, the re- Transportation. Airplanes’’ (Docket 98–NM–279–AD) received port of a rule entitled ‘‘Amendment to Class EC–1259. A communication from the Gen- on January 21, 1999; to the Committee on E Airspace; West Plains, MO’’ (Docket 98– eral Counsel of the Department of Transpor- Commerce, Science, and Transportation. ACE–37) received on January 11, 1999; to the tation, transmitting, pursuant to law, the re- EC–1270. A communication from the Gen- Committee on Commerce, Science, and port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- Transportation. tives; The Uninsured Relative Workshop Inc. tation, transmitting, pursuant to law, the re- EC–1249. A communication from the Gen- Vector Parachute Systems’’ (Docket 98–CE– port of a rule entitled ‘‘Amendment to Class eral Counsel of the Department of Transpor- 101–AD) received on January 8, 1999; to the E Airspace; Columbus, NE’’ (Docket 98–ACE– tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and 62) received on January 21, 1999; to the Com- port of a rule entitled ‘‘Airworthiness Direc- Transportation. mittee on Commerce, Science, and Transpor- tives; Airbus Model A310 Series Airplanes’’ EC–1260. A communication from the Gen- tation. (Docket 95–NM–275–AD) received on January eral Counsel of the Department of Transpor- EC–1271. A communication from the Gen- 11, 1999; to the Committee on Commerce, tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- Science, and Transportation. port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- EC–1250. A communication from the Gen- tives; Boeing Model 737–100 and –200 Series port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- Airplanes’’ (Docket 98–NM–72–AD) received tives; Airbus Model A330–301, –321, –322, –341, tation, transmitting, pursuant to law, the re- on January 8, 1999; to the Committee on –342, and A340–211, –212, –213, –311, –312, and port of a rule entitled ‘‘Airworthiness Direc- Commerce, Science, and Transportation. –313 Series Airplanes’’ (Docket 98–NM–310– tives; Sikorsky Aircraft Corporation Model EC–1261. A communication from the Gen- AD) received on January 21, 1999; to the Com- S–61A, D, E, L, N, NM, R, and V Helicopters’’ eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- (Docket 96–SW–29–AD) received on January tation, transmitting, pursuant to law, the re- tation. 11, 1999; to the Committee on Commerce, port of a rule entitled ‘‘Amendment to Class EC–1272. A communication from the Gen- Science, and Transportation. E Airspace; Meade, KS; Correction’’ (Docket eral Counsel of the Department of Transpor- EC–1251. A communication from the Gen- 98–ACE–43) received on January 8, 1999; to tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- the Committee on Commerce, Science, and port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- Transportation. tives; McDonnell Douglas Helicopter Sys- port of a rule entitled ‘‘Modification of VOR EC–1262. A communication from the Gen- tems Model MD–900 Helicopters’’ (Docket 98– Federal Airway V–485; San Jose, CA’’ (Dock- eral Counsel of the Department of Transpor- NM–310–AD) received on January 21, 1999; to et 95–AWP–6) received on January 11, 1999; to tation, transmitting, pursuant to law, the re- the Committee on Commerce, Science, and the Committee on Commerce, Science, and port of a rule entitled ‘‘Remove Class D Air- Transportation. Transportation. space; Fort Leavenworth, KS’’ (Docket 98– EC–1273. A communication from the Gen- EC–1252. A communication from the Gen- ACE–44) received on January 8, 1999; to the eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- Transportation. port of a rule entitled ‘‘Airworthiness Direc- port of a rule entitled ‘‘Amendment of De- EC–1263. A communication from the Gen- tives; Israel Aircraft Industries (IAI), Ltd., partment of Transportation Acquisition Reg- eral Counsel of the Department of Transpor- Model 1121, 1121A, 1121B, 1123, 1124, and 1124A ulations’’ (RIN2105–ZZ02) received on Janu- tation, transmitting, pursuant to law, the re- Series Airplanes’’ (Docket 98–NM–108–AD) re- ary 8, 1999; to the Committee on Commerce, port of a rule entitled ‘‘Amendment to Class ceived on January 21, 1999; to the Committee Science, and Transportation. E Airspace; Dubuque, IA’’ (Docket 98–ACE– on Commerce, Science, and Transportation. EC–1253. A communication from the Gen- 58) received on January 8, 1999; to the Com- EC–1274. A communication from the Gen- eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tation. tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- EC–1264. A communication from the Gen- port of a rule entitled ‘‘Amendment to Class tives; Pilatus Aircraft Ltd. Models PC–12 and eral Counsel of the Department of Transpor- E Airspace; Romulus, NY’’ (Docket 98–AEA– PC12/45 Airplanes; Correction’’ (Docket 98– tation, transmitting, pursuant to law, the re- 40) received on January 21, 1999; to the Com- CE–40–AD) received on January 8, 1999; to the port of a rule entitled ‘‘Amendment to Class mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and E Airspace; Perry, IA’’ (Docket 98–ACE–52) tation. Transportation. received on January 8, 1999; to the Com- EC–1275. A communication from the Gen- EC–1254. A communication from the Gen- mittee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- tation. tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- EC–1265. A communication from the Gen- port of a rule entitled ‘‘Amendment of Class port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- E Airspace; Carrolton, GA’’ (Docket 98–ASO– tives; Twin Commander Aircraft Corporation tation, transmitting, pursuant to law, the re- 18) received on January 21, 1999; to the Com- 500, 680, 690, and 695 Series Airplanes’’ (Dock- port of a rule entitled ‘‘Amendment to Class mittee on Commerce, Science, and Transpor- et 98–CE–54–AD) received on January 8, 1999; E Airspace; Fort Madison, IA’’ (Docket 98– tation. to the Committee on Commerce, Science, ACE–57) received on January 8, 1999; to the EC–1276. A communication from the Gen- and Transportation. Committee on Commerce, Science, and eral Counsel of the Department of Transpor- EC–1255. A communication from the Gen- Transportation. tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- EC–1266. A communication from the Gen- port of a rule entitled ‘‘Standard Instrument tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- Approach Procedures; Miscellaneous Amend- port of a rule entitled ‘‘Revision of Class E tation, transmitting, pursuant to law, the re- ments’’ (Docket 29430) received on January Airspace; Hugo, OK’’ (Docket 98–ASW–46) re- port of a rule entitled ‘‘Airworthiness Direc- 21, 1999; to the Committee on Commerce, ceived on January 8, 1999; to the Committee tives; Schweizer Aircraft Corporation Model Science, and Transportation. on Commerce, Science, and Transportation. 269D Helicopters’’ (Docket 98–SW–13–AD) re- EC–1277. A communication from the Gen- EC–1256. A communication from the Gen- ceived on January 21, 1999; to the Committee eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- on Commerce, Science, and Transportation. tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- EC–1267. A communication from the Gen- port of a rule entitled ‘‘Revocation of Class port of a rule entitled ‘‘Establishment of eral Counsel of the Department of Transpor- E Airspace, Victorville, Georgia AFB, CA’’ Class E Airspace; Carrizo Springs, Glass tation, transmitting, pursuant to law, the re- (Docket 98–AWP–32) received on January 21,

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1140 CONGRESSIONAL RECORD — SENATE February 3, 1999 1999; to the Committee on Commerce, (Docket 98–NM–08–AD) received on January January 5, 1999; to the Committee on Com- Science, and Transportation. 21, 1999; to the Committee on Commerce, merce, Science, and Transportation. EC–1278. A communication from the Gen- Science, and Transportation. EC–1299. A communication from the Gen- eral Counsel of the Department of Transpor- EC–1289. A communication from the Gen- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Amendment to Class tives; Bell Helicopter Textron Canada port of a rule entitled ‘‘Airworthiness Direc- E Airspace; Rockland, ME’’ (Docket 98–ANE– (BHTC) Model 407 Helicopters’’ (Docket 98– tives; Airbus Model A320 Series Airplanes’’ 95) received on January 5, 1999; to the Com- SW–43–AD) received on January 21, 1999; to (Docket 98–NM–356–AD) received on January mittee on Commerce, Science, and Transpor- the Committee on Commerce, Science, and 21, 1999; to the Committee on Commerce, tation. Transportation. Science, and Transportation. EC–1300. A communication from the Gen- EC–1279. A communication from the Gen- EC–1290. A communication from the Gen- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Establishment of port of a rule entitled ‘‘Standard Instrument port of a rule entitled ‘‘Airworthiness Direc- Class E Airspace; Metropolitan Oakland Approach Procedures; Miscellaneous Amend- tives; Airbus Model A320 Series Airplanes’’ International Airport, California; Correc- ments’’ (Docket 29437) received on January (Docket 98–NM–357–AD) received on January tion’’ (Docket 98–AWP–22) received on Janu- 21, 1999; to the Committee on Commerce, 21, 1999; to the Committee on Commerce, ary 5, 1999; to the Committee on Commerce, Science, and Transportation. Science, and Transportation. Science, and Transportation. EC–1280. A communication from the Gen- EC–1291. A communication from the Gen- EC–1301. A communication from the Gen- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Standard Instrument port of a rule entitled ‘‘Airworthiness Direc- port of a rule entitled ‘‘Revision to Class E Approach Procedures; Miscellaneous Amend- tives; Boeing Model 737–100, –200, –300, –400, Airspace; Reno, NV’’ (Docket 98–AWP–23) re- ments’’ (Docket 29438) received on January and –500 Series Airplanes’’ (Docket 97–NM– ceived on January 5, 1999; to the Committee 21, 1999; to the Committee on Commerce, 238–AD) received on January 21, 1999; to the on Commerce, Science, and Transportation. EC–1302. A communication from the Gen- Science, and Transportation. Committee on Commerce, Science, and eral Counsel of the Department of Transpor- EC–1281. A communication from the Gen- Transportation. eral Counsel of the Department of Transpor- EC–1292. A communication from the Gen- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Special Federal Avia- port of a rule entitled ‘‘Amendment to Class tation, transmitting, pursuant to law, the re- tion Regulation No. 36, Development of E Airspace; Fort Dodge, IA’’ (Docket 98– port of a rule entitled ‘‘Airworthiness Direc- Major Repair Data’’ (Docket FAA–1998–4654) received on January 5, 1999; to the Com- ACE–61) received on January 21, 1999; to the tives; Honeywell IC–600 Integrated Avionics mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and Computers, as Installed in, but not Limited tation. Transportation. to, Empresa Brasileria de Aeronautica S.A. EC–1303. A communication from the Gen- EC–1282. A communication from the Gen- (EMBRAER) Model EMB–145 Series Air- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- planes’’ (Docket 98–NM–142–AD) received on tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- January 21, 1999; to the Committee on Com- port of a rule entitled ‘‘Crewmember Inter- port of a rule entitled ‘‘Amendment to Class merce, Science, and Transportation. ference, Portable Electronic Devices, and E Airspace; Burlington, IA’’ (Docket 98–ACE– EC–1293. A communication from the Gen- Other Passenger Related Requirements’’ 56) received on January 21, 1999; to the Com- eral Counsel of the Department of Transpor- (Docket FAA–1998–4954) received on January mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- 5, 1999; to the Committee on Commerce, tation. port of a rule entitled ‘‘Airworthiness Direc- Science, and Transportation. EC–1283. A communication from the Gen- tives; Airbus Model A340–211, –212, –213, –311, EC–1304. A communication from the Gen- eral Counsel of the Department of Transpor- –312, and –313 Series Airplanes’’ (Docket 98– eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- NM–297–AD) received on January 21, 1999; to tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Amendment to Class the Committee on Commerce, Science, and port of a rule entitled ‘‘Drawbridge Oper- E Airspace; Des Moines, IA’’ (Docket 98– Transportation. ating Regulation; Lafourche Bayou, LA’’ ACE–55) received on January 21, 1999; to the EC–1294. A communication from the Gen- (Docket 08–98–064) received on January 5, Committee on Commerce, Science, and eral Counsel of the Department of Transpor- 1999; to the Committee on Commerce, Transportation. tation, transmitting, pursuant to law, the re- Science, and Transportation. EC–1284. A communication from the Gen- port of a rule entitled ‘‘Airworthiness Direc- EC–1305. A communication from the Gen- eral Counsel of the Department of Transpor- tives; Airbus Model A319, A320, and A321 Se- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- ries Airplanes’’ (Docket 98–NM–07–AD) re- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Special Local Regu- ceived on January 21, 1999; to the Committee port of a rule entitled ‘‘Temporary Draw- lations; Hillsborough Bay, Tampa, Florida’’ on Commerce, Science, and Transportation. bridge Regulations; Mississippi River, Iowa (Docket 07–98–041) received on January 21, EC–1295. A communication from the Gen- and Illinois’’ (Docket 08–98–079) received on 1999; to the Committee on Commerce, eral Counsel of the Department of Transpor- January 5, 1999; to the Committee on Com- Science, and Transportation. tation, transmitting, pursuant to law, the re- merce, Science, and Transportation. EC–1285. A communication from the Gen- port of a rule entitled ‘‘Airworthiness Direc- EC–1306. A communication from the Gen- eral Counsel of the Department of Transpor- tives; Westland Helicopters Ltd. 30 Series 100 eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- and 100–60 Helicopters’’ (Docket 97–SW–40– tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Temporary Draw- AD) received on January 5, 1999; to the Com- port of a rule entitled ‘‘Federal Motor Vehi- bridge Regulation; Illinois Waterway, Illi- mittee on Commerce, Science, and Transpor- cle Safety Standards; Occupant Crash Pro- nois’’ (Docket 08–98–073) received on January tation. tection’’ (Docket NHTSA–98–4934) received 21, 1999; to the Committee on Commerce, EC–1296. A communication from the Gen- on January 5, 1999; to the Committee on Science, and Transportation. eral Counsel of the Department of Transpor- Commerce, Science, and Transportation. EC–1286. A communication from the Gen- tation, transmitting, pursuant to law, the re- EC–1307. A communication from the Gen- eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tives; Boeing Model 747 Series Airplanes’’ tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Safety Zone; Explo- (Docket 97–NM–309–AD) received on January port of a rule entitled ‘‘Incentive Grants for sive Loads and Detonations, Bath Iron 5, 1999; to the Committee on Commerce, Alcohol-Impaired Driving Prevention Pro- Works, Bath, ME’’ (Docket 01–98–AA97) re- Science, and Transportation. grams’’ (Docket NHTSA–98–4942) received on ceived on January 21, 1999; to the Committee EC–1297. A communication from the Gen- January 5, 1999; to the Committee on Com- on Commerce, Science, and Transportation. eral Counsel of the Department of Transpor- merce, Science, and Transportation. EC–1287. A communication from the Gen- tation, transmitting, pursuant to law, the re- EC–1308. A communication from the Gen- eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tives; Boeing Model 747 Series Airplanes’’ tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- (Docket 97–NM–360–AD) received on January port of a rule entitled ‘‘Truck Size and tives; Boeing Model 747 Series Airplanes’’ 5, 1999; to the Committee on Commerce, Weight; National Network; North Dakota’’ (Docket 97–NM–308–AD) received on January Science, and Transportation. (Docket 98–3467) received on January 5, 1999; 21, 1999; to the Committee on Commerce, EC–1298. A communication from the Gen- to the Committee on Commerce, Science, Science, and Transportation. eral Counsel of the Department of Transpor- and Transportation. EC–1288. A communication from the Gen- tation, transmitting, pursuant to law, the re- EC–1309. A communication from the Gen- eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tives; McDonnell Douglass Model DC–10 Se- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- ries Airplanes and KC–10A (Military) Air- port of a rule entitled ‘‘Temporary Draw- tives; Airbus Model A320 Series Airplanes’’ planes’’ (Docket 97–NM–288–AD) received on bridge Regulations; Mississippi River, Iowa

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1141 and Illinois’’ (Docket 08–98–077) received on EC–1320. A communication from the Gen- the Committee on Commerce, Science, and January 5, 1999; to the Committee on Com- eral Counsel of the Department of Transpor- Transportation. merce, Science, and Transportation. tation, transmitting, pursuant to law, the re- EC–1330. A communication from the Gen- EC–1310. A communication from the Gen- port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- tives; British Aerospace (Operations) Lim- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- ited Model B.121 Series 1, 2, and 3 Airplanes’’ port of a rule entitled ‘‘Revision of Class E port of a rule entitled ‘‘Regattas and Marine (Docket 97–CE–122–AD) received on January Airspace; Burnet, TX’’ (Docket 98–ASW–48) Parades’’ (Docket 95–054) received on Janu- 5, 1999; to the Committee on Commerce, received on January 5, 1999; to the Com- ary 5, 1999; to the Committee on Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- Science, and Transportation. EC–1321. A communication from the Gen- tation. EC–1311. A communication from the Gen- eral Counsel of the Department of Transpor- EC–1331. A communication from the Gen- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Emergency Control tives; Rolls Royce Limited, Bristol Engines port of a rule entitled ‘‘Revision of Class E Measures for Tank Barges’’ (Docket 1998– Division, Viper Models Mk.521 and Mk.522 Airspace; Austin, TX’’ (Docket 98–ASW–49) 4443) received on January 5, 1999; to the Com- Turbojet Engines’’ (Docket 98–ANE–01–AD) received on January 5, 1999; to the Com- mittee on Commerce, Science, and Transpor- received on January 5, 1999; to the Com- mittee on Commerce, Science, and Transpor- tation. mittee on Commerce, Science, and Transpor- tation. EC–1312. A communication from the Gen- tation. EC–1332. A communication from the Gen- eral Counsel of the Department of Transpor- EC–1322. A communication from the Gen- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Regulated Naviga- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Revision of Class E tion Area: Navigable Waters Within the First port of a rule entitled ‘‘Airworthiness Direc- Airspace; Taylor, TX’’ (Docket 98–ASW–50) Coast Guard District’’ (Docket 01–98–151) re- tives; Saab Model SAAB 2000 Series Air- received on January 5, 1999; to the Com- ceived on January 5, 1999; to the Committee planes’’ (Docket 98–NM–239–AD) received on mittee on Commerce, Science, and Transpor- on Commerce, Science, and Transportation. January 5, 1999; to the Committee on Com- tation. EC–1313. A communication from the Gen- merce, Science, and Transportation. EC–1333. A communication from the Gen- eral Counsel of the Department of Transpor- EC–1323. A communication from the Gen- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Establishment of tives; Raytheon Aircraft Company Models port of a rule entitled ‘‘Airworthiness Direc- Class E Airspace; Austin, Horseshoe Bay, TX 1900, 1900C, and 1900D Airplanes’’ (Docket 97– tives; Dassault Model Mystere-Falcon 20 Se- and Revocation of Class E Airspace, Marble CE–153–AD) received on January 5, 1999; to ries Airplanes, Fan Jet Falcon Series Air- Falls, TX’’ (Docket 98–ASW–51) received on the Committee on Commerce, Science, and planes, and Fan Jet Falcon Series D, E, and January 5, 1999; to the Committee on Com- Transportation. F Series Airplanes’’ (Docket 98–NM–221–AD) merce, Science, and Transportation. EC–1314. A communication from the Gen- received on January 5, 1999; to the Com- EC–1334. A communication from the Gen- eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tation. tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- EC–1324. A communication from the Gen- port of a rule entitled ‘‘Revision of Class E tives; Airbus Model A310 and A300–600 Series eral Counsel of the Department of Transpor- Airspace; San Angelo, TX’’ (Docket 98–ASW– Airplanes Equipped with Pratt and Whitney tation, transmitting, pursuant to law, the re- 52) received on January 5, 1999; to the Com- JT9D–7R4 or 4000 Series Airplanes’’ (Docket port of a rule entitled ‘‘Airworthiness Direc- mittee on Commerce, Science, and Transpor- 98–NM–358–AD) received on January 5, 1999; tives; McDonnell Douglas Model DC9–10, –20, tation. to the Committee on Commerce, Science, –30, –40, and –50 Series Airplanes, and C–9 EC–1335. A communication from the Gen- and Transportation. (Military) Airplanes’’ (Docket 98–NM–06–AD) eral Counsel of the Department of Transpor- EC–1315. A communication from the Gen- received on January 5, 1999; to the Com- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Revision of Class E tation, transmitting, pursuant to law, the re- tation. Airspace; Roswell, NM’’ (Docket 98–ASW–53) port of a rule entitled ‘‘Airworthiness Direc- EC–1325. A communication from the Gen- received on January 5, 1999; to the Com- tives; McDonnell Douglas Model DC–9–10, –20, eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- –30, –40, and –50 Series Airplanes, and C–9 tation, transmitting, pursuant to law, the re- tation. (Military) Airplanes’’ (Docket 97–NM–56–AD) port of a rule entitled ‘‘Airworthiness Direc- EC–1336. A communication from the Ad- received on January 5, 1999; to the Com- tives; Boeing Model 747 Series Airplanes’’ ministrator of the Food and Nutrition Serv- mittee on Commerce, Science, and Transpor- (Docket 97–NM–59–AD) received on January ice, Dapartment of Agriculture, transmit- tation. 5, 1999; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- EC–1316. A communication from the Gen- Science, and Transportation. titled ‘‘Food Distribution Programs: eral Counsel of the Department of Transpor- EC–1326. A communication from the Gen- FDPIHO - Oklahoma Waiver Authority’’ tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- (RIN0584–AB56) received on January 20, 1999; port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- to the Committee on Indian Affairs. tives; Airbus Model A300 B4–600R and A300 port of a rule entitled ‘‘Airworthiness Direc- EC–1337. A communication from the Sec- F4–600R Series Airplanes’’ (Docket 98–NM– tives; Bombardier Model CL–600–2B19 (Re- retary of Transportation, transmitting, pur- 361–AD) received on January 5, 1999; to the gional Jet Series 100 and 200) Series Air- suant to law, a report under the Federal Va- Committee on Commerce, Science, and planes’’ (Docket 98–NM–330–AD) received on cancies Reform Act regarding the position of Transportation. January 5, 1999; to the Committee on Com- Assistant Secretary of Transportation for EC–1317. A communication from the Gen- merce, Science, and Transportation. Governmental Affairs; to the Committee on eral Counsel of the Department of Transpor- EC–1327. A communication from the Gen- Commerce, Science, and Transportation. tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- EC–1338. A communication from the Direc- port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- tor of the Office of Management and Budget, tives; British Aerospace Jetstream Model port of a rule entitled ‘‘Airworthiness Direc- Executive Office of the President, transmit- 3201 Airplanes’’ (Docket 98–CE–75–AD) re- tives; Dornier Model 328–100 Series Air- ting, an update to the pay-as-you-go section ceived on January 5, 1999; to the Committee planes’’ (Docket 98–NM–290–AD) received on of the November 25, 1998, OMB report on the on Commerce, Science, and Transportation. January 5, 1999; to the Committee on Com- Onmibus Consolidated and Emergency Sup- EC–1318. A communication from the Gen- merce, Science, and Transportation. plemental Appropriations Act; to the Com- eral Counsel of the Department of Transpor- EC–1328. A communication from the Gen- mittee on the Budget. tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- EC–1339. A communication from the Assist- port of a rule entitled ‘‘IFR Altitudes; Mis- tation, transmitting, pursuant to law, the re- ant Secretary for Fish and Wildlife and cellaneous Amendments’’ (Docket 29418) re- port of a rule entitled ‘‘Airworthiness Direc- Parks, Department of the Interior, transmit- ceived on January 5, 1999; to the Committee tives; British Aerospace (Jetstream) Model ting, pursuant to law, the report of a rule en- on Commerce, Science, and Transportation. 4101 Airplanes’’ (Docket 97–NM–195–AD) re- titled ‘‘Marine Mammals; Incidental Take EC–1319. A communication from the Gen- ceived on January 5, 1999; to the Committee During Specified Activities’’ (RIN1018–AF02) eral Counsel of the Department of Transpor- on Commerce, Science, and Transportation. received on January 25, 1999; to the Com- tation, transmitting, pursuant to law, the re- EC–1329. A communication from the Gen- mittee on Environment and Public Works. port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- EC–1340. A communication from the Assist- tives; McCauley Propeller Systems Models tation, transmitting, pursuant to law, the re- ant Administrator for Fisheries, National 2A36C23/84B–0 and 2A36C82/84B–2 Propellers’’ port of a rule entitled ‘‘Establishment of Marine Fisheries Service, Department of (Docket 98–ANE–34–AD) received on January Class D and E Airspace, Amendment to Class Commerce, transmitting, pursuant to law, 5, 1999; to the Committee on Commerce, D and E Airspace; Montgomery, AL’’ (Docket the report of a rule entitled ‘‘Endangered Science, and Transportation. 98–ASO–12) received on January 5, 1999; to and Threatened Species: Threatened Status

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1142 CONGRESSIONAL RECORD — SENATE February 3, 1999 for Two ESUs of Steelhead in Washington, under the Federal Vacancies Reform Act rel- EC–1362. A communication from the Assist- Oregon, and California’’ (I.D. 073097E) re- ative to the position of Controller of the Of- ant Secretary for Legislative Affairs, De- ceived on January 5, 1999; to the Committee fice of Management and Budget; to the Com- partment of State, transmitting, pursuant to on Environment and Public Works. mittee on Governmental Affairs. law, notice of a Presidential Determination EC–1341. A communication from the Regu- EC–1351. A communication from the Sec- on the waiver and certification of statutory latory Policy Officer, Bureau of Alcohol, To- retary of Health and Human Services, trans- provisions regarding the Palestine Libera- bacco and Firearms, Department of the mitting, pursuant to law, the Department’s tion Organization (No. 99–5); to the Com- Treasury, transmitting, pursuant to law, the annual Surplus Property Report for fiscal mittee on Foreign Relations. report of a rule entitled ‘‘Prohibit Certain year 1998; to the Committee on Govern- EC–1363. A communication from the Gen- Alcohol Beverage Containers and Standards mental Affairs. eral Counsel of the Federal Emergency Man- of Fill for Distilled Spirits and Wine’’ EC–1352. A communication from the Chief agement Agency, transmitting, pursuant to (RIN1512–AB889) received on January 22, 1999; of Staff of the White House, transmitting, law, the report of a rule entitled ‘‘Changes in to the Committee on Finance. pursuant to law, a report on the Executive Flood Elevation Determinations’’ (63 EC–1342. A communication from the Fed- Office of the President’s Drug Free Work- FR54373) received on December 14, 1998; to eral Register Certifying Officer, Financial place Plan; to the Committee on Govern- the Committee on Banking, Housing, and Management Service, Department of the mental Affairs. Urban Affairs. Treasury, transmitting, pursuant to law, the EC–1353. A communication from the Sec- EC–1364. A communication from the Gen- report of a rule entitled ‘‘Barring Delinquent retary of Energy, transmitting, pursuant to eral Counsel of the Federal Emergency Man- Debtors from Obtaining Federal Loans or law, the Department’s report on Russian tax- agement Agency, transmitting, pursuant to Loan Insurance or Guarantees’’ (RIN1510– ation of nonproliferation funds furnished by law, the report of a rule entitled ‘‘Changes in AA71) received on December 2, 1998; to the the Department of Energy’s Initiatives for Flood Elevation Determinations’’ (63 Committee on Finance. Proliferation Preventation; to the Com- FR64418) received on December 14, 1998; to EC–1343. A communication from the Fiscal mittee on Armed Services. the Committee on Banking, Housing, and Assistant Secretary, Department of the EC–1354. A communication from the Acting Urban Affairs. Treasury, transmitting, pursuant to law, the Assistant Secretary of Defense for Force EC–1365. A communication from the Gen- Department’s report on exceptions to the Management Policy, transmitting, pursuant eral Counsel of the Federal Emergency Man- to law, the Department’s report on the Uni- prohibition against favored treatment of a agement Agency, transmitting, pursuant to form Resource Demonstration project; to the government securities broker or dealer for law, the report of a rule entitled ‘‘Changes in Committee on Armed Services. calendar year 1997; to the Committee on Flood Elevation Determinations’’ (Docket EC–1355. A communication from the Direc- FEMA–7273) received on December 14, 1998; to Banking, Housing, and Urban Affairs. tor of the Regulations Policy and Manage- EC–1344. A communication from the Fiscal the Committee on Banking, Housing, and ment Staff, Food and Drug Administration, Assistant Secretary, Department of the Urban Affairs. Department of Health and Human Services, EC–1366. A communication from the Gen- Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, the report of eral Counsel of the Federal Emergency Man- Department’s report on material violations a rule entitled ‘‘Drug Labeling; Warning and agement Agency, transmitting, pursuant to or suspected material violations of regula- Direction Statements for Rectal Sodium law, the report of a rule entitled ‘‘List of tions relating to Treasury and other securi- Phosphates for Over-the-Counter Laxative Communities Eligible for the Sale of Flood ties auctions for calendar year 1997; to the Use; Final Rule; Stay of Compliance’’ Insurance’’ (Docket FEMA–7697) received on Committee on Banking, Housing, and Urban (RIN0910–AA01) received on December 14, December 14, 1998; to the Committee on Affairs. 1998; to the Committee on Health, Education, Banking, Housing, and Urban Affairs. EC–1345. A communication from the Chief Labor, and Pensions. EC–1367. A communication from the Gen- Counsel of the Bureau of the Public Debt, EC–1356. A communication from the Direc- eral Counsel of the Federal Emergency Man- Department of the Treasury, transmitting, tor of the Regulations Policy and Manage- agement Agency, transmitting, pursuant to pursuant to law, the report of a rule entitled ment Staff, Food and Drug Administration, law, the report of a rule entitled ‘‘List of ‘‘Government Securities Act Regulations: Department of Health and Human Services, Communities Eligible for the Sale of Flood Reports and Audit’’ (RIN1505–AA74) received transmitting, pursuant to law, the report of Insurance’’ (Docket FEMA–7700) received on on January 12, 1999; to the Committee on a rule entitled ‘‘Package Size Limitation for December 14, 1998; to the Committee on Banking, Housing, and Urban Affairs. Sodium Phosphates Oral Solution and Warn- Banking, Housing, and Urban Affairs. EC–1346. A communication from the Assist- ing and Direction Statements for Oral and EC–1368. A communication from the Gen- ant Secretary for Export Administration, Rectal Sodium Phosphates for Over-the- eral Counsel of the Federal Emergency Man- Department of Commerce, transmitting, pur- Counter Laxative Use’’ (RIN0910–AA01) re- agement Agency, transmitting, pursuant to suant to law, the report of a rule entitled ceived on December 14, 1998; to the Com- law, the report of a rule entitled ‘‘Suspen- ‘‘Revisions to the Export Administration mittee on Health, Education, Labor, and sion of Community Eligibility’’ (Docket Regulations; Exports and Reexports to Spe- Pensions. FEMA–7698) received on December 14, 1998; to cially Designated Terrorists and Foreign EC–1357. A communication from the Assist- the Committee on Banking, Housing, and Terrorist Organizations’’ (RIN0694–AB63) re- ant Secretary for Employment Standards, Urban Affairs. ceived on January 8, 1999; to the Committee Department of Labor, transmitting, pursu- EC–1369. A communication from the Gen- on Banking, Housing, and Urban Affairs. ant to law, the report of a rule entitled ‘‘Use eral Counsel of the Federal Emergency Man- EC–1347. A communication from the Gen- and Disclosure of Federal Employees’ Com- agement Agency, transmitting, pursuant to eral Counsel of the Federal Emergency Man- pensation Act Claims File Material’’ law, the report of a rule entitled ‘‘Suspen- agement Agency, transmitting, pursuant to (RIN1215–AB18) received on November 6, 1998; sion of Community Eligibility’’ (Docket law, the report of a rule entitled ‘‘Changes in to the Committee on Health, Education, FEMA–7701) received on December 14, 1998; to Flood Elevation Determinations’’ (Docket Labor, and Pensions. the Committee on Banking, Housing, and FEMA–7256) received on December 14, 1998; to EC–1358. A communication from the Gen- Urban Affairs. the Committee on Banking, Housing, and eral Counsel of the Federal Labor Relations EC–1370. A communication from the Gen- Urban Affairs. Authority, transmitting, pursuant to law, eral Counsel of the Federal Emergency Man- EC–1348. A communication from the Com- the report of a rule entitled ‘‘Unfair Labor agement Agency, transmitting, pursuant to missioner of the Bureau of Reclamation, De- Practice Proceedings’’ received on December law, the report of a rule entitled ‘‘Final partment of the Interior, transmitting, pur- 2, 1998; to the Committee on Health, Edu- Flood Elevation Determination’’ (63 FR54378) suant to law, a report on safety modifica- cation, Labor, and Pensions. received on December 14, 1998; to the Com- tions and proposed corrective actions appli- EC–1359. A communication from the Execu- mittee on Banking, Housing, and Urban Af- cable to the Casitas Dam, Ventura River tive Director of the Federal Labor Relations fairs. Project, California; to the Committee on En- Authority, transmitting, pursuant to law, EC–1371. A communication from the Gen- ergy and Natural Resources. the report of a rule entitled ‘‘Negotiability eral Counsel of the Federal Emergency Man- EC–1349. A communication from the Assist- Proceedings’’ received on December 2, 1998; agement Agency, transmitting, pursuant to ant Secretary for Employment Standards, to the Committee on Health, Education, law, the report of a rule entitled ‘‘Final Department of Labor, transmitting, pursu- Labor, and Pensions. Flood Elevation Determination’’ (63 FR64420) ant to law, the report of a rule entitled EC–1360. A communication from the Sec- received on December 14, 1998; to the Com- ‘‘Claims for Compensation under the Federal retary of the Treasury, transmitting, pursu- mittee on Banking, Housing, and Urban Af- Employees’ Compensation Act; Compensa- ant to law, a report on the International fairs. tion for Disability and Death of Noncitizen Monetary Fund’s financing package for EC–1372. A communication from the Gen- Federal Employees Outside the United Brazil; to the Committee on Foreign Rela- eral Counsel of the Federal Emergency Man- States’’ (RIN1215–AB07) received on Decem- tions. agement Agency, transmitting, pursuant to ber 14, 1998; to the Committee on Govern- EC–1361. A communication from the Assist- law, the report of a rule entitled ‘‘Disaster mental Affairs. ant Secretary for Legislative Affairs, De- Assistance; Redesign of Public Assistance EC–1350. A communication from the Gen- partment of State, transmitting, pursuant to Project Administration’’ (RIN3067–AC89) re- eral Counsel of the office of Management and law, the Department’s report relative to the ceived on December 14, 1998; to the Com- Budget, Executive Office of the President, license review of satellites and related items; mittee on Banking, Housing, and Urban Af- transmitting, pursuant to law, a report to the Committee on Foreign Relations. fairs.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1143 EC–1373. A communication from the Presi- which would require the United States Sec- the Clerk, shall be transmitted to the Vice dent of the United States, transmitting, pur- retary of Transportation to waive repayment President of the United States and the suant to law, the Budget of the United of any Federal-aid highway funds expended Speaker of the House of Representatives and States Government for Fiscal Year 2000; re- on the construction of high occupancy vehi- to each member of Congress elected from ferred jointly, pursuant to the order of Janu- cle (‘‘HOV’’) lanes on Interstate Highway this State. ary 30, 1975, as modified by the order of April Route 287 if the New Jersey Commissioner of f 11, 1986, to the Committee on Appropriations Transportation assures the Secretary that and to the Committee on the Budget. the removal of HOV lane restrictions on REPORTS OF COMMITTEE SUB- f Interstate Route 287 is in the public interest. MITTED DURING ADJOURNMENT 2. Duly authenticated copies of this resolu- PETITIONS AND MEMORIALS tion, signed by the Speaker of the General Under the authority of the order of the Senate of December 8, 1990, the fol- The following petitions and memo- Assembly and attested by the Clerk thereof, shall be transmitted to the President of the lowing reports of committees were sub- rials were laid before the Senate and United States Senate, the Speaker of the mitted on February 2, 1999: were referred or ordered to lie on the United States House of Representatives, the table as indicated: By Mr. WARNER, from the Committee on New Jersey Commissioner of Transportation, Armed Services, with an amendment in the POM–14. A resolution adopted by the Coun- the United States Secretary of Transpor- nature of a substitute: cil of the City of Camden, New Jersey, rel- tation, and each member of Congress from S. 4: A bill to improve pay and retirement ative to the impeachment of the President of the State of New Jersey. equity for members of the Armed Forces; and the United States; ordered to lie on the for other purposes (Rept. No. 106–1). table. POM–18. A resolution adopted by the Gen- POM–15. A resolution adopted by the Board eral Assembly of the State of New Jersey; to f of Commissioners of the Humbolt Bay Har- the Committee on the Judiciary. REPORTS OF COMMITTEES bor Recreation and Conservation District, ASSEMBLY RESOLUTION NO. 119 Eureka, California, relative to proposed in- Whereas, the U.S. Department of Transpor- The following reports of committees frastructure rebuilding legislation; to the tation, pursuant to the 1996 Immigration Re- were submitted: Committee on Environment and Public form Act, has proposed regulations requiring By Mr. ROTH, from the Committee on Fi- Works. states to follow federal guidelines in pro- nance, without amendment: POM–16. A resolution adopted by the Coun- ducing and issuing drivers’ licenses; and S. 262: A bill to make miscellaneous and cil of the Town of Grundy, Virginia, relative Whereas, these regulations would mandate technical changes to various trade laws, and to steel and coke exports; to the Committee that all states collect and verify the social for other purposes (Rept. No. 106–2). on Finance. security numbers of licensed drivers and that By Mr. SHELBY, from the Committee on POM–17. A resolution adopted by the Gen- these numbers be placed on the licenses of Intelligence: eral Assembly of the State of New Jersey; or- these drivers in a form that is electronically Special Report entitled ‘‘Committee Ac- dered to be printed and to lie on the table. readable, unless the state explicitly pro- tivities of the Select Committee on Intel- ASSEMBLY RESOLUTION NO. 166 hibits this practice; and ligence’’ (Rept. No. 106–3). Whereas, these regulations would further Whereas, the establishment of high occu- f allow the federal government to dictate the pancy vehicle (‘‘HOV’’) lane restrictions on acceptable evidence and documentation of Interstate Highway Route No. 287 (‘‘I–287’’) INTRODUCTION OF BILLS AND identity required to obtain a state driver’s was intended as a means of promoting car JOINT RESOLUTIONS license; and pooling in an effort to improve the State’s Whereas, these regulations would impose a The following bills and joint resolu- air quality; and significant cost burden on New Jersey by re- tions were introduced, read the first Whereas, the number of eligible vehicles quiring the reformatting of its driver’s li- that use the HOV lanes on I–287 has not come and second time by unanimous con- cense and the establishment of an electronic close to meeting the State’s expected projec- sent, and referred as indicated: verification system with the Social Security tions for land usage, which shows that the By Mr. LEAHY (for himself, Mr. Administration; and TORRICELLI, Mr. DEWINE, Mr. JEF- HOV lane restrictions have not had the ef- Whereas, the placement of social security FORDS, Mr. KENNEDY, Mr. HARKIN, Ms. fect of encouraging car pooling at satisfac- numbers on New Jersey driver’s licenses, un- MIKULSKI, Mr. LEVIN, Mr. KERRY, tory levels; and less a law expressly prohibiting this practice Mrs. MURRAY, Mrs. BOXER, and Mr. Whereas, because of the HOV lane restric- is enacted, raises serious concerns about the SARBANES): tions on I–287, a much larger number of citi- security of the personal information of this S. 333. A bill to amend the Federal Agri- zens who use the non-restricted lanes of that State’s drivers in an era when ‘‘identity culture Improvement and Reform Act of 1996 highway are subjected to frequent heavy theft’’ and other breaches of privacy are on to improve the farmland protection program; traffic situations, which result in high costs the increase; and in fuel burned and hourly wages lost, while Whereas, these regulations would impose to the Committee on Agriculture, Nutrition, the overall levels of air pollution and noise an unfunded federal mandate on the states and Forestry. increase, all of which represent a severe re- that promises to far exceed, in total, the By Mr. AKAKA: duction in the quality of life of those citi- maximum $100 million permitted under the S. 334. A bill to amend the Federal Power zens; and Unfunded Mandate Reform Act of 1994 and, Act to remove the jurisdiction of the Federal Whereas, since a considerable amount of contrary to the provisions of that act, have Energy Regulatory Commission to license effort is used by the State Police in enforc- been put forth without ‘‘timely and mean- projects on fresh waters in the State of Ha- ing the HOV lane restrictions on I–287, the ingful input’’ from state elected officials or waii; to the Committee on Energy and Nat- availability of the State Police in combating their national organizations, according to ural Resources. other motor vehicle-related crimes on other the National Council of State Legislatures; By Ms. COLLINS (for herself, Mr. highways of this State is diminished; and and COCHRAN, Mr. LEVIN, Mr. DURBIN, and Whereas, it is appropriate for this House to Whereas, by proposing these regulations to Mr. BURNS): express this policy to protect the citizens of implement a provision of the Immigration S. 335. A bill to amend chapter 30 of title this State who are adversely affected by ex- Reform Act, the U.S. Department of Trans- 39, United States Code, to provide for the cessive automobile, bus and truck traffic as portation is, in effect, seeking to federalize nonmailability of certain deceptive matter a result of the HOV lane restrictions; and the production and issuance of driver’s li- relating to games of chance, administrative Whereas, it is altogether fitting and proper censes, functions which heretofore have re- procedures, orders, and civil penalties relat- that the Legislature memorialize Congress mained in the domain of the states; now, ing to such matter, and for other purposes; to enact Congresswoman Roukema’s amend- therefore be it to the Committee on Governmental Affairs. ment to H.R. 4328 which would require the Resolved by the General Assembly of the State By Mr. LEVIN (for himself, Mr. DUR- United States Secretary of Transportation of New Jersey: BIN, and Ms. COLLINS): to waive repayment of any Federal-aid high- 1. That this House respectfully petitions S. 336. A bill to curb deceptive and mis- way funds expended on the construction of the Congress of the United States to prevent leading games of chance mailings, to provide HOV lanes on I–287 if the New Jersey Com- this costly and unnecessary intrusion on the Federal agencies with additional investiga- missioner of Transportation assures the Sec- prerogatives of the states to produce and tive tools to police such mailings, to estab- retary that the removal of HOV lane restric- issue drivers’ licenses in keeping with the lish additional penalties for such mailings, tions on I–287 is in the public interest; now, dictates of their citizens by repealing Sec- and for other purposes; to the Committee on therfore, be it tion 656(b) of the Immigration Reform Act of Governmental Affairs. RESOLVED by the General Assembly of the 1996, which the proposed Department of By Mr. HUTCHINSON (for himself, Mr. State of New Jersey: Transportation regulations are intended to LOTT, Mr. NICKLES, Mr. MACK, Mr. 1. The Congress of the United States is re- implement. CRAIG, Mr. COVERDELL, Mr. WARNER, spectfully memorialized to enact Congress- 2. Duly authenticated copies of this resolu- Mr. HATCH, Ms. COLLINS, Mr. COCH- woman Roukema’s amendment to H.R. 4328 tion, signed by the Speaker and attested by RAN, Mr. BUNNING, Mr. ASHCROFT, Mr.

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HELMS, Mr. GRASSLEY, Mr. ENZI, Mr. By Mr. GRAMS: extend the discretionary budget caps until INHOFE, Mr. BOND, Mr. GORTON, Mr. S. 347. A bill to redesignate the Boundary the year 2010, and to require a two-thirds FRIST, Mr. THURMOND, Mr. HAGEL, Waters Canoe Area Wilderness, Minnesota, vote of the Senate to breach caps; to the Mr. ALLARD, Mr. GRAMS, Mr. KYL, as the ‘‘Hubert H. Humphrey Boundary Committee on the Budget and the Com- Mr. ROBERTS, Mr. SESSIONS, and Mr. Waters Canoe Area Wilderness’’; to the Com- mittee on Governmental Affairs, jointly, SHELBY): mittee on Energy and Natural Resources. pursuant to the order of August 4, 1977 with S. 337. A bill to preserve the balance of By Ms. SNOWE (for herself, Mr. instructions that if one Committee reports, rights between employers, employees, and TORRICELLI, Mr. GORTON, and Mr. the other Committee have thirty days to re- labor organizations which is fundamental to JEFFORDS): port or be discharged. S. 348. A bill to authorize and facilitate a our system of collective bargaining while By Mr. GRAMS (for himself and Mr. preserving the rights of workers to organize, program to enhance training, research and CRAPO): or otherwise engage in concerted activities development, energy conservation and effi- protected under the National Labor Rela- ciency, and consumer education in the S. 359. A bill to establish procedures to pro- tions Act; to the Committee on Health, Edu- oilheat industry for the benefit of oilheat vide for a taxpayer protection lock-box and cation, Labor, and Pensions. consumers and the public, and for other pur- related downward adjustment of discre- By Mr. CAMPBELL: poses; to the Committee on Energy and Nat- tionary spending limits, to provide for addi- S. 338. A bill to provide for the collection ural Resources. tional deficit reduction with funds resulting of fees for the making of motion pictures, By Mr. HAGEL (for himself and Mr. from the stimulative effect of revenue reduc- television productions, and sound tracks in REED): tions, and to provide for the retirement secu- units of the Department of the Interior, and S. 349. A bill to allow depository institu- rity of current and future retirees through for other purposes; to the Committee on En- tions to offer negotiable order of withdrawal reforms of the Old Age Survivor and Dis- ergy and Natural Resources. accounts to all businesses, to repeal the pro- ability Insurance Act; to the Committee on By Mr. MCCAIN (for himself and Mr. hibition on the payment of interest on de- the Budget and the Committee on Govern- INOUYE): mand deposits, and for other purposes; to the mental Affairs, jointly, pursuant to the S. 339. A bill to amend the Indian Gaming Committee on Banking, Housing, and Urban order of August 4, 1977, with instructions Regulatory Act, and for other purposes; to Affairs. that if one Committee reports, the other the Committee on Indian Affairs. By Mrs. HUTCHISON (for herself, Mr. Committee have thirty days to report or be By Mr. ALLARD: ALLARD, and Mr. HAGEL): S. 340. A bill to amend the Cache La discharged. S. 350. A bill to amend title 10, United By Mr. GRAMS: Poudre River Corridor Act to make technical States Code, to improve the health care ben- corrections, and for other purposes; to the efits under the TRICARE program and other- S. 360. A bill to control emergency spend- Committee on Energy and Natural Re- wise improve that program, and for other ing by limiting such spending to natural dis- sources. purposes; to the Committee on Armed Serv- asters; to the Committee on Governmental By Mr. CRAIG: ices. Affairs. S. 341. A bill to amend the Internal Rev- By Mr. GRAMS (for himself, Mr. JOHN- By Mr. ENZI (for himself and Mr. enue Code of 1986 to increase the amount al- SON, Mr. SESSIONS, and Mr. BENNETT): THOMAS): lowable for qualified adoption expenses, to S. 351. A bill to provide that certain Fed- S. 361. A bill to direct the Secretary of the permanently extend the credit for adoption eral property shall be made available to Interior to transfer to John R. and Margaret expenses, and to adjust the limitations on States for State and local organization use J. Lowe of Big Horn County, Wyoming, cer- such credit for inflation, and for other pur- before being made available to other enti- tain land so as to correct an error in the pat- poses; to the Committee on Finance. ties, and for other purposes; to the Com- By Mr. FRIST (for himself, Mr. ent issued to their predecessors in interest. mittee on the Judiciary. By Mr. LAUTENBERG (for himself and MCCAIN, and Mr. BURNS): By Mr. THOMAS (for himself, Mr. S. 342. A bill to authorize appropriations Mr. TORRICELLI): NICKLES, Mr. CRAIG, Mr. HELMS, Mr. for the National Aeronautics and Space Ad- S. 362. A bill to authorize appropriations CRAPO, Mr. GRAMS, and Mr. ENZI): ministration for fiscal years 2000, 2001, and S. 352. A bill to amend the National Envi- for the Coastal Heritage Trail Route in New 2002, and for other purposes; to the Com- ronmental Policy Act of 1969 to require that Jersey, and for other purposes; to the Com- mittee on Commerce, Science, and Transpor- Federal agencies consult with State agencies mittee on Energy and Natural Resources. tation. and county and local governments on envi- By Mr. DOMENICI: By Mr. BOND (for himself, Mr. BURNS, ronmental impact statements; to the Com- S. 363. A bill to establish a program for Ms. SNOWE, Mr. ENZI, Mr. COVERDELL, mittee on Environment and Public Works. training residents of low-income rural areas Mr. HAGEL, Mr. KYL, Mr. CRAIG, Mr. By Mr. GRASSLEY (for himself, Mr. for, and employing the residents in, new tele- INHOFE, Mr. HELMS, Ms. COLLINS, Mr. KOHL, and Mr. THURMOND): communications industry jobs located in SPECTER, Mr. JEFFORDS, Mr. ROB- S. 353. A bill to provide for class action re- rural areas, and for other purposes; to the ERTS, and Mr. HUTCHINSON): form, and for other purposes; to the Com- S. 343. A bill to amend the Internal Rev- Committee on Health, Education, Labor, and mittee on the Judiciary. Pensions. enue Code of 1986 to allow a deduction for 100 By Mr. THOMAS (for himself, Mr. percent of the health insurance costs of self- By Mr. BOND (for himself, Mr. KERRY, MCCAIN, Mr. KERRY, Mr. SMITH of Or- and Mr. LIEBERMAN): employed individuals; to the Committee on egon, and Mr. ROBB): Finance. S. 354. A bill to authorize the extension of S. 364. A bill to improve certain loan pro- By Mr. BOND (for himself, Mr. NICK- nondiscriminatory trade status to the prod- grams of the Small Business Administration, LES, Ms. SNOWE, Mr. COVERDELL, Mr. ucts of Mongolia; to the Committee on For- and for other purposes; to the Committee on BENNETT, and Mr. COCHRAN): eign Relations. Small Business. S. 344. A bill to amend the Internal Rev- By Mr. MOYNIHAN (for himself and By Mr. GORTON (for himself and Mrs. enue Code of 1986 to provide a safe harbor for Mr. BINGAMAN): MURRAY): determining that certain individuals are not S. 355. A bill to amend title 13, United S. 365. A bill to amend title XIX of the So- employees; to the Committee on Finance. States Code, to eliminate the provision that cial Security Act to allow States to use the By Mr. ALLARD: prevents sampling from being used in deter- funds available under the State children’s S. 345. A bill to amend the Animal Welfare mining the population for purposes of the ap- Act to remove the limitation that permits health insurance program for an enhanced portionment of Representatives in Congress matching rate for coverage of additional interstate movement of live birds, for the among the several States; to the Committee purpose of fighting, to States in which ani- children under the medicaid program; to the on Governmental Affairs. Committee on Finance. mal fighting is lawful; to the Committee on By Mr. KYL (for himself and Mr. Agriculture, Nutrition, and Forestry. By Mr. COCHRAN (for himself, Mr. MCCAIN): By Mrs. HUTCHISON (for herself, Mr. S. 356. A bill to authorize the Secretary of MOYNIHAN, and Mr. FRIST): GRAHAM, Mr. VOINOVICH, Mr. ABRA- the Interior to convey certain works, facili- S.J. Res. 8. A joint resolution providing for HAM, Mr. MCCONNELL, Mr. MCCAIN, ties, and titles of the Gila Project, and des- the reappointment of Wesley S. Williams, Mr. LOTT, Mr. LEAHY, Mr. SMITH of ignated lands within or adjacent to the Gila Jr., as a citizen regent of the Board of Re- Oregon, Mr. GORTON, Mrs. MURRAY, Project, to the Wellton-Mohawk Irrigation gents of the Smithsonian Institution; to the Mr. ALLARD, Mr. BURNS, Mr. FRIST, and Drainage District, and for other pur- Committee on Rules and Administration. Mr. COCHRAN, Mr. CRAIG, Mr. BUN- poses; to the Committee on Energy and Nat- S.J. Res. 9. A joint resolution providing for NING, Mr. KYL, Mr. LUGAR, Mr. ural Resources. the reappointment of Dr. Hanna H. Gray as a INHOFE, Mr. HUTCHINSON, Mr. MACK, By Mr. GRAMS: citizen regent of the Board of Regents of the Mrs. LINCOLN, Mr. TORRICELLI, Mr. S. 357. A bill to amend the Federal Crop In- Smithsonian Institution; to the Committee BAYH, Mr. MURKOWSKI, Mr. GRAMM, surance Act to establish a pilot program in on Rules and Administration. and Mr. THOMPSON): certain States to provide improved crop in- S. 346. A bill to amend title XIX of the So- surance options for producers; to the Com- S.J. Res. 10. A joint resolution providing cial Security Act to prohibit the recoupment mittee on Agriculture, Nutrition, and For- for the reappointment of Barber B. Conable, of funds recovered by States from one or estry. Jr., as a citizen regent of the Board of Re- more tobacco manufacturers; to the Com- S. 358. A bill to freeze Federal discre- gents of the Smithsonian Institution; to the mittee on Finance. tionary spending at fiscal year 2000 levels, to Committee on Rules and Administration.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1145 SUBMISSION OF CONCURRENT AND conserve 78,000 acres of land on more tive matter relating to games of SENATE RESOLUTIONS than 220 Vermont farms. chance, administrative procedures, or- The following concurrent resolutions The success of the program should ders, and civil penalties relating to and Senate resolutions were read, and not just be measured in acres though. such matter, and for other purposes; to referred (or acted upon), as indicated: The program also has helped farmers the Committee on Governmental Af- expand and re-invest in farm facilities By Mr. GRAMS: fairs. S. Res. 31. A resolution commending Arch- and equipment. Some of the farm projects have also led to construction DECEPTIVE MAIL PREVENTION AND bishop Desmond Tutu for being a recipient of ENFORCEMENT IMPROVEMENT ACT the Immortal Chaplains Prize for Humanity; of affordable housing and preservation to the Committee on the Judiciary. of wildlife habitat. There are now suc- Ms. COLLINS. Mr. President, today, f cess stories all over Vermont. One is during National Consumer Protection the story of Paul and Marian Connor of Week, I am introducing the Deceptive STATEMENTS ON INTRODUCED Bridport, Vermont. Working with the Mail Prevention and Enforcement Act, BILLS AND JOINT RESOLUTIONS Vermont Land Trust they were able to a comprehensive bill designed to stem By Mr. LEAHY (for himself, Mr. conserve their 221-acre farm while con- the rising tide of deceptive mailings TORRICELLI, Mr. DEWINE, Mr. tinuing their dairy operation, raising that are flooding the mailboxes of the JEFFORDS, Mr. KENNEDY, Mr. seven children and retire their mort- people of Maine and people throughout HARKIN, Ms. MIKULSKI, Mr. gage. the country. LEVIN, Mr. KERRY, Mrs. MUR- Although Vermont is making great I am very pleased to have the cospon- RAY, Mrs. BOXER, and Mr. SAR- progress, across the nation we continue sorship of a trio of distinguished Sen- BANES): to lose as much as one million acres of ators in this regard: Senator COCHRAN, S. 333. A bill to amend the Federal prime farmland annually. This land is Agriculture Improvement and Reform the chairman of the subcommittee critically important to agriculture. with legislative jurisdiction over these Act of 1996 to improve the farmland For example, nearly three-quarters of types of mailings, who has been a lead- protection program; to the Committee America’s dairy products, fruits and er in the effort to curtail deceptive on Agriculture, Nutrition, and For- vegetables are grown in counties af- mailings and sweepstakes fraud; Sen- estry. fected by urban growth. ator LEVIN, who serves as the ranking FEDERAL AGRICULTURE IMPROVEMENT AND For American farmers and ranchers, minority member of the Permanent REFORM ACT AMENDMENTS farmland protection is an issue of the Subcommittee on Investigations, and Mr. LEAHY. Mr. President, I am survival of both family farms and agri- who has played an active role not only pleased to have Senators TORRICELLI, cultural regions. When urban pressure DEWINE, JEFFORDS, KENNEDY, HARKIN, pushes up the value of agricultural in the hearings held last year, but also MIKULSKI, LEVIN, KERRY, MURRAY and land above its agricultural value, it in introducing his own legislation on BOXER join me today to reauthorize a threatens the end of family farms be- this issue, which I am pleased to co- program that has helped hundreds of cause the next generation simply can- sponsor. He has a longstanding interest farmers across the country save their not afford to farm land valued at devel- in curtailing deceptive mailings. I am farms and stay in the business of farm- opment prices. As some farmers sell also pleased to have the support of Sen- ing. Today, we are introducing a bill to their land for development, it places ator DURBIN, with whom I have worked reauthorize the Farmland Protection increasing pressure on their neighbors very closely on many consumer issues. Program at a funding level of $55 mil- to sell as well. Mr. President, several months ago, lion a year. This new authorization The 1996 Farm Bill recognized this prompted by complaints that I have re- supports the efforts of President Clin- problem by directly providing $35 mil- ceived from my constituents in Maine, ton to restart the program with $50 lion for farmland protection matching I initiated an investigation into sweep- million in Fiscal Year 2000. funds that have leveraged million more stakes fraud and deceptive mailings. Since its creation in the 1996 Farm from local and private programs. The Over the course of this investigation, I Bill, the Farmland Protection Program Farmland Protection Program is a have seen countless examples of mail- has been instrumental in curbing the model of what new federal conservation ings that deceptively promise extrava- loss of some of our nation’s most pro- programs ought to be, enjoying the gant prizes in order to entice con- ductive farmland to urban sprawl. The unanimous support of the National sumers to make unnecessary and Farmland Protection Program help Governors Association. It preserves the unneeded purchases. Unfortunately, shield farmers from development pres- private property rights of farmers. this calculated confusion works far too sures by providing federal matching It offers the Congress a way to dem- often. In one particularly egregious ex- grants to state and local conservation onstrate a realistic and meaningful ample, one deceptive mailing prompted organizations to purchase easements commitment to the conservation of some of its victims to fly to Florida, on farms. America’s natural heritage without ex- believing that they then would be the We have all seen the impact of urban panding the role of the federal govern- first to claim the grand prize promised sprawl in our home states, whether it ment, and it encourages local commu- in a major sweepstakes. be large, multi-tract housing or mega- nities and states to contribute their malls that bring national superstores own efforts. The program’s over- Deceptive mailings take many forms. and nation-sized parking lots. We are whelming success though has led to in- One such form that I find particularly losing farmland across the country at creased demand for the program—ap- offensive is ‘‘Government look-alike an alarming rate. This bill will step up plicants requested a federal match of mailings,’’ which appear deceptively our efforts to halt this disturbing trend more than $130 million. like a mailing from a Federal agency before too many of America’s farms are Our bill will help address some of this or other official entity. An example of permanently transformed into asphalt demand and encourage more state gov- such a deceptive mailing was recently jungles. ernments, local communities and pri- sent to me by a woman from In Vermont, we are also seeing the vate groups to start new matching pro- Machiasport, ME. The postcard that impact of development on our farm- grams. This modest federal investment she received was marked ‘‘Urgent De- land. Increasing land prices and devel- will maintain our commitment to the livery, a Special Notification of Cash opment pressure have forced too many protection of our rural heritage and Currently Being Held by the U.S. Gov- Vermont farmers to sell to developers working landscape. ernment is ready for shipment to you.’’ instead of passing on their farms to the I have blown up a copy of the postcard next generation. With the former By Ms. COLLINS (for herself, Mr. she received so you can see just how Farms for the Future program and the COCHRAN, Mr. LEVIN, Mr. DUR- deceptive this mailing was. On the Farmland Protection Program, farmers BIN, and Mr. BURNS): back of the postcard, the consumer was now have a fighting chance against de- S. 335. A bill to amend chapter 30 of asked to send $9.97 to learn how to re- velopment. Since its inception in title 39, United States Code, to provide ceive this cash. Of course, this was not Vermont, these programs have helped for the nonmailability of certain decep- a legitimate mailing from the Federal

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1146 CONGRESSIONAL RECORD — SENATE February 3, 1999 Government, but simply a ploy used by play in fighting this type of fraud and The elderly are easy prey for the an unscrupulous individual to trick an deception. Our bill would not preempt gimmicks used in these kinds of con- unsuspecting consumer into sending States and local laws protecting con- tests, such as a large notice declaring money. sumers from fraudulent and deceptive the recipient a winner—oftentimes a Mr. President, millions of Americans mailings. ‘‘guaranteed’’ winner or one of two have received sweepstakes letters that Mr. President, hundreds of millions final competitors for a large cash use deceptive marketing ploys to en- of these promotional materials are sent prize—and these gimmicks have pro- courage the purchase of magazines and out each year to consumers across the liferated to the point that American other products. A common tactic is a country. By design, they are meant to consumers are being duped into pur- ‘‘promise’’ of winning printed in large confuse their recipients and to trick chasing products they don’t want or type, such as this example: ‘‘You Were them into spending money needlessly need because they think they have won Declared One of Our Latest Sweep- under the false pretense that doing so or will win a big prize if they do so. stakes Winners and You’re About to be will earn them huge rewards. Complaints about these mailings are Paid $833,337 in Cash.’’ A constituent of As the chairman of the Permanent one of the top ten consumer complaints mine from Portland, ME, received this Subcommittee on Investigations, I will in the nation. I have received numer- mailing, but, of course, he wasn’t real- shortly be holding hearings on this ous complaints from my constituents ly a winner. It takes an awfully sharp issue in the coming months to docu- in Michigan asking that something be eye and very careful scrutiny to notice ment the nature and extent of the done to provide relief from these very the very fine print that states that the problem and how these deceptive mail- misleading mailings. money is won only ‘‘if you have and re- ings affect Americans, particularly our In early September 1998, we held a turn the grand prize-winning number senior citizens. hearing in our Governmental Affairs in time.’’ I look forward to working with my Mr. President, thousands of con- colleagues, particularly the sub- Committee federal services sub- sumers have made very frequent pur- committee’s ranking member, Senator committee on the problem of deceptive sweepstakes and other mailings involv- chases, often of more than $1,000 a LEVIN, who has been such a leader in year, in response to deceptive sweep- this area. It is my hope that Congress ing games of chance. We learned from stakes mailings. I have heard sad sto- will enact the Deceptive Mail Preven- three of our witnesses, the Florida At- ries from many people who have de- tion and Enforcement Improvement torney General, the Michigan Assistant scribed personal horror stories caused Act to increase consumer protections, Attorney General and the Postal In- by these deceptive mailings. Some peo- to improve law enforcement efforts, spection Service, that senior citizens ple have told me of their elderly par- and to provide effective penalties for are particular targets of these decep- ents spending $10,000, $20,000, even as those who deceive American con- tive solicitations, because they are the much as $60,000 in one case, hoping that sumers. most vulnerable. State Attorneys Gen- their next purchase would result in a Mr. President, I yield any remaining eral have taken action against many of large prize. Senior citizens are particu- time to the Senator from Michigan, the companies that use deceptive mail- larly vulnerable, as they generally Senator LEVIN. ings. The states have entered into trust the statements made by these The PRESIDING OFFICER. The Sen- agreements to stop the most egregious marketing appeals, particularly if they ator from Michigan is recognized. practices, but the agreements apply are pitched by celebrities, or if the Mr. LEVIN. Mr. President, I thank only to the states that enter into the mailing appears to be connected or in my good friend from Maine for her agreements. This allows companies to some way sanctioned by the Federal leadership, her kind words, and for her continue their deceptive practices in Government. bill, which I am proud to cosponsor. other states. That’s one reason why To increase consumer protections, The bill I am introducing today, with federal legislation in this area is need- and to punish those who use such de- her support and the support of Senator ed. The bill I’m introducing today will ceptive mailings to prey on our senior DURBIN, addresses the same kinds of help eliminate deceptive practices by citizens, the bill that I am introducing practices. These two bills together, if prohibiting misleading statements, re- today, along with Senators COCHRAN, adopted, would go a long way toward quiring more disclosure, imposing a LEVIN and DURBIN, will attack sweep- addressing the deceptive mailing prac- $10,000 civil penalty for each deceptive stakes fraud and deceptive mailings on tices that we see under the general mailing, and providing the Postal Serv- four fronts. heading of ‘‘sweepstakes.’’ ice with additional tools to pursue de- First, the bill will prevent fraud and The bill that I am introducing, with ceptive and fraudulent offenders. deception by requiring companies to be the cosponsorship of Senator COLLINS Sweepstakes solicitations are put to- more honest with the American people and Senator DURBIN, will help elimi- gether by teams of clever marketers when using sweepstakes and other pro- nate the deceptive practices in mail- who package their sweepstakes offers motional mailings. My legislation ings that use games of chance, like in such a way so as to get people to sweepstakes, to induce consumers to would establish new standards for purchase a product by implying that purchase a product that they may not sweepstakes, including clear disclo- the chances of winning are enhanced if need and to play a game that they will sure. In addition, my legislation would the product being offered is purchased. not win. strengthen the law against mailings That is not allowed. You cannot re- that mimic Government documents. I originally introduced this bill last year. It was not enacted. It was intro- quire that a purchase be made in order Mailings could not use any language or to win a prize. But these deceptive device that gives the appearance that duced late in the session. I am very practices are such and they are so fine- the mailing is connected, approved, or hopeful that this bill and Senator COL- ly honed that, no matter what the fine endorsed by the Federal Government. LINS’ bill will be enacted this year fol- Second, this bill provides strong new lowing the hearings that she has just print says about no purchase being nec- financial penalties for sending mail described—important hearings which I essary, the recipient of the mailing that does not comply with these and commend our chairman of the sub- often is led to believe, by the nature of existing standards. Civil penalties in- committee for scheduling, for initi- the mailing, that a purchase indeed clude fines ranging from $50,000 to $2 ating. will enhance the opportunity to win million would be allowed depending on The bill that I am introducing—this the prize. Senator COLLINS addresses the number of mailings sent. part of the remedy for the current the sum of those issues in her bill. Third, the bill strengthens Federal abuses—will stiffen the penalties for Rules and important disclaimers are law enforcement efforts and makes deceptive mailings, will give the Postal written in fine print and hidden away them more effective by giving the U.S. Service administrative subpoena in obscure sections of the solicitation Postal Inspection Service additional power, will restrict the use of mis- or on the back of the envelope that is tools to combat these deceptive prac- leading language and symbols, and re- frequently tossed away. Even when one tices. quire better disclosure about chances can find and read the rules, it fre- Fourth, my legislation would pre- of winning and statements that no pur- quently takes a law degree to under- serve the important role the States chase is necessary to win. stand them.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1147 The bill I am introducing will help to folded up operations and disappeared, Service to develop and issue rules that protect consumers from deceptive prac- or has destroyed all the evidence. By restrict the use of misleading language tices by directing the Postal Service to granting the Postal Service limited and symbols on direct mail games of develop and issue regulations that re- subpoena authority to obtain relevant chance such as sweepstakes that mis- strict the use of misleading language material records for an investigation, lead the recipient into believing and symbols in direct mail game of the Postal Service will be able to act they’ve already won or will win a prize. chance solicitations, including sweep- more efficiently against illegal activi- This rulemaking authority will allow stakes. The bill also requires addi- ties. Subpoena authority will make the the Postal Service to respond more tional disclosure about chances of win- Postal Service more effective and effi- rapidly to emerging deceptive prac- ning and the statement that no pur- cient in its pursuit of justice. tices. The bill also requires that addi- chase is necessary. Any mail that is The Deceptive Sweepstakes Mailings tional disclosures be given to recipi- designated by the Postal Service as Elimination Act of 1999 takes a tough ents of mailed solicitations involving being deceptive will not be delivered. approach to dealing with sweepstakes sweepstakes giveaways about their This will significantly reduce the de- solicitations and other games of chance chances of winning and that no pur- ceptive practices being used in the di- offerings that are sent through the chase is necessary to enter the contest. rect mail industry to dupe mail. If you use sweepstakes or a game Furthermore, the bill gives the Postal unsuspecting consumers into thinking of chance to promote the sale of a le- Service administrative subpoena power they are grand prize winners. The di- gitimate product, provide adequate dis- so it can react and respond more rap- rect mail industry also would benefit, closure, and abide with Postal Service idly to deceptive and fraudulent mail in that the adverse publicity recently regulations, then the Postal Service schemes. Under our bill, civil fines can aimed at the industry because of ‘‘You will deliver that solicitation. If decep- be imposed upon the issuance of an en- Have Won a Prize’’ campaigns has ma- tive practices are used in a sweep- forcement order, or alternatively, in ligned the industry as a whole. Clean- stakes or a game of chance solicita- lieu of an enforcement order, rather ing up deceptive advertising could im- tion, the Postal Service will be able to than awaiting a violation of that order. prove the industry’s image. stop the solicitation and impose a sig- By giving the Postal Service these For those entities that continue to nificant penalty. additional tools and authority, this use deceptive mailings, my bill imposes So we are going to take a tough ap- legislation will help combat the grow- a civil penalty of $10,000 for each piece proach, both through Senator COLLINS’ ing problem of consumer fraud in the of mail that violates Postal Service bill which I have cosponsored, through form of deceptive or misleading mail- regulations. Currently the Postal Serv- my bill which she has cosponsored, ings that use games of chance or ice can impose a fine for noncompli- along with others, and this tough ap- sweepstakes contests to solicit the pur- ance with a Postal Service order. My proach that is absolutely essential if chase of a product. Other deceptions bill imposes a fine whether or not the we are going to protect seniors and have included packaging sweepstakes order actually has been issued. This others from the kind of deceptive prac- solicitations to closely resemble gov- has the effect of applying the penalty tices which cost them so much money ernment documents and promising re- to the deceptive offense, not for non- by encouraging them, through these cipients that they have already won, compliance with the order. practices, to buy items that they really even though the fine print reveals min- My bill also allows the Postal Service do not want in order to win prizes that uscule odds of winning. to quickly respond to changes in decep- truly are unlikely or impossible to win. The elderly are particularly vulner- tive marketing practices by giving the able to sweepstakes fraud. Some senior Postal Service the authority to draft By Mr. LEVIN (for himself, Mr. citizen sweepstakes recipients have regulations that will be effective DURBIN and Mr. COLLINS): traveled thousands of miles to claim against the ‘‘scheme du jour.’’ A decep- S. 336. A bill to curb deceptive and prizes they thought they had been as- tive practice used today, may not be misleading games of chance mailings, sured of winning. Others spend thou- used tomorrow. As soon as the Post Of- to provide Federal agencies with addi- sands of dollars on magazines and fice learns about one scheme, it tional investigative tools to police other merchandise because they are changes. If legislation is passed that such mailings, to establish additional convinced it will boost their chances of requires a specific notice, it can take penalties for such mailings, and for winning. just a short time before another decep- other purposes; to the Committee on Like Senators LEVIN and COLLINS, I tive practice pops up to by-pass the Governmental Affairs. have heard from numerous constitu- legislation. My bill gives the Postal DECEPTIVE GAMES OF CHANCE MAILINGS ents about how some crafty purveyors Service the authority to evaluate what ELIMINATION ACT OF 1999 prey on the public, often persons on regulatory changes will be required to Mr. DURBIN. Mr. President, I am fixed or limited incomes, through these keep pace with the ever changing de- pleased to join my distinguished col- deceptive envelopes and packaging ceptive practices. This will help weed leagues, Senators LEVIN and COLLINS, techniques. Recently, one constituent out deceptive practices in a timely today in introducing the Deceptive related how her elderly mother has be- manner. Games of Chance Mailing Elimination come ‘‘hooked’’ on sweepstakes. She The bill also gives the Postal Service Act of 1999. shared with me a bulky stack of enve- administrative subpoena power to re- It’s rare that any American house- lopes, representing just a sample of the spond more quickly to deceptive and hold has escaped receipt of a flurry of mailings. She remarked how her moth- fraudulent mail schemes. Currently the envelopes boldly proclaiming ‘‘You’re er is convinced that the company will Postal Service must go through a our next million-dollar winner!’’ or think better of her if she orders lots of lengthy administrative procedure be- similar claim of impending good for- merchandise, and that buying more fore it can get evidence to shut down tune. Most of us recognize these promi- products will accord her special consid- illegal operations. Currently the $10,000 nent lines as the special language of di- eration and improve her chances to win fine—and civil penalty which exists— rect mail sweepstakes. While many a lucrative prize. She noted that some can only be imposed for noncompliance companies have used sweepstakes re- companies, by using clever typefaces, with a Postal Service order. There has sponsibly, others have bilked con- sophisticated and official-looking sym- to be an order issued which is violated sumers out of millions of dollars by bols, gimmicky labels, and personaliza- before there can even be a civil fine. falsely suggesting a purchase is nec- tion, lead people to believe the com- Our bill would impose a fine for vio- essary to qualify for the sweepstakes pany is writing to them personally, and lating the law, a penalty for perpe- or to increase the odds of winning a that the odds of winning are high. Her trating the deceptive offense or prac- prize. Some of these operators promise story is but one example of what we tice, and it would not require that fame and fortune, but they deliver have heard, and why it is so important there be an order previously entered. fraud and false promises. to ensure that strong laws are enacted By the time the Postal Service gets As Senator LEVIN has outlined, this to address deceptive practices. through all the administrative hoops, bill sharpens the teeth of the current I am pleased that the United States the sweepstakes promoter may have postal statutes by directing the Postal Postal Inspector, the National Fraud

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1148 CONGRESSIONAL RECORD — SENATE February 3, 1999 Information Center, the Direct Mar- construction companies and are quick- charges. And, in Clearfield, Pennsyl- keting Association, the American As- ly expanding into other industries vania, R.D. Goss incurred $75,000 bat- sociation of Retired Persons, and a spe- across the country. It can cost employ- tling approximately 20 unfair labor cial committee of the Association of ers anywhere from $5,000 to hundreds of practices; while all but one of the Attorneys General are among those thousands of dollars to defend him or charges were dismissed, the company who are actively seeking ways to en- herself against this practice. was forced to close its doors after doing sure that consumers are informed and Salting is not merely a union orga- business for thirty-eight years. Fi- protected from dishonest marketing nizing tool. It has become an instru- nally, in Union, Missouri, it cost the ploys. ment of economic destruction aimed at Companies $150,000 to win the dismissal I look forward to the hearings non-union companies. Union send their of 47 unfair labor practices charges and planned by Senator COLLINS in the Per- agents into non-union workplaces to achieve one settlement for $200. manent Subcommittee on Investiga- under the guise of seeking employ- Another common salting abuse is for tions to examine the problem of decep- ment. Hiding behind the shield of the salts to actually create Occupational tive mailings and legislative solutions. National Labor Relations Act, these Safety and Health Administration I urge my colleagues to join me in sup- ‘‘salts’’ use its provisions offensively to (OSHA) violations and then report porting enactment of legislation to bring hardship on their employers. those violations to OSHA. When the promote more honesty by product mar- They deliberately increase the oper- employer terminates these individuals, keters, clearer disclosure for con- ating costs of their employers through they file frivolous unfair labor prac- sumers, tighter penalties for violators, actions such as sabotage and frivolous tices against the employer. This re- and quicker and more effective enforce- discrimination complaints. sults in wasted time and money, as ment tools for more rapid response to In the 1995 Town & Country decision, well as bad publicity for the company. unscrupulous practices. the U.S. Supreme Court held that paid These are just a few of the many ex- union organizers are ‘‘employees’’ amples of how devastating salting By Mr. HUTCHINSON (for him- within the meaning of the National abuse can be to small businesses. What self, Mr. LOTT, Mr. NICKLES, Mr. Labor Relations Act. Because of their makes this practice even more appall- MACK, Mr. CRAIG, Mr. COVER- broad interpretation of this Act, em- ing is how organized labor openly advo- DELL, Mr. WARNER, Mr. HATCH, ployers who refuse to hire paid union cates its use. According to the group, Ms. COLLINS, Mr. COCHRAN, Mr. employees or their agents violate the the ‘‘Coalition For Fairness For Small BUNNING, Mr. ASHCROFT, Mr. Act if they are shown to have discrimi- Businesses And Employees,’’ the labor HELMS. Mr. GRASSLEY, Mr. nated against the union salts. unions are even advocating this prac- ENZI, Mr. INHOFE, Mr. BOND, Mr. This leaves employers in a precarious tice in their manuals. The Union Organizing Manual of the GORTON, Mr. FRIST, Mr. THUR- position. If employers refuse to hire International Brotherhood of Elec- MOND, Mr. HAGEL, Mr. ALLARD, union salts, they will file frivolous trical Workers explains why salts are Mr. GRAMS, Mr. KYL, Mr. ROB- charges and accuse the employer of dis- used. Their purpose is to gather infor- ERTS, Mr. SESSIONS, and Mr. crimination. Yet, if salts are employed, mation that will ‘‘. . . shape the strat- SHELBY): they will create internal disruption egy the organizer will use later in the S. 337. A bill to preserve the balance through a pattern of dissension and campaign to threaten or actually apply of rights between employers, employ- harassment. They are not there to the economic pressure necessary to ees, and labor organizations which is work—only to disrupt. In a classic ex- cause the employer to . . . raise his fundamental to our system of collec- ample of salting abuse, John Gaylor of prices to recoup additional costs, scale tive bargaining while preserving the Gaylor Electric had to fire one em- back his business, leave the union’s ju- rights of workers to organize, or other- ployee after this refusal to wear his risdiction, go out of business, and so wise engage in concerted activities pro- hard hat on his head. This employee tected under the National Labor Rela- on. . .’’ would strap the hard hat to his knee Thomas J. Cook, a former ‘‘salt,’’ ex- tions Act; to the Committee on Health, and then dare Gaylor to fire him be- plained the ultimate goal of salting Education, Labor, and Pensions. cause he said the employee manual abuse. Mr. Cook said, ‘‘Salting has be- TRUTH IN EMPLOYMENT ACT OF 1999 stated only that he had to wear the come a method to stifle competition in Mr. HUTCHINSON. Mr. President, I hard hat, it didn’t state where he had the marketplace, steal away employ- am honored to have the opportunity to to wear it. ees, and to inflict financial harm on introduce today an important piece of As a result of the salting abuse, the competition.’’ Mr. Cook concluded legislation which will provide thou- whenever many small businesses make by stating that ‘‘[i]n a country where sands of businesses in my home state of hiring decisions, the future of the com- free enterprise and independence is so Arkansas and across the nation with a pany, and its very existence, may be at highly valued, I find these activities defense against an unscrupulous prac- stake. A wrong decision can mean friv- nothing more than legalized extor- tice which is literally crippling them. olous charges, legal fees, and lost time, tion.’’ The Truth in Employment will protect which may threaten the very existence The balance of rights must be re- these businesses and curtail the de- of their business. stored between employers, employees structive abuse of the union tactic I have received many accounts from and labor organizations. The Truth in known as salting. across the nation of how salting abuse Employment Act seeks to do this by ‘‘Salting abuse’’ is the calculated is affecting small businesses. The fol- inserting a provision in the National practice of placing trained union pro- lowing examples were received as testi- Labor Relations Act establishing that fessional organizers and agents in the mony in Congressional hearings. In my an employer is not required to employ non-union workplace whose sole pur- home state of Arkansas, Little Rock any person who is not a bona fide em- pose is to harass or disrupt company Electrical Contractors, Inc. incurred in ployee applicant, in that such person is operation, apply economic pressure, in- excess of $80,000 in legal fees over the seeking employment for the primary crease operating and legal costs, and course of one year to fight 72 unfair purpose of furthering interests unre- ultimately put a company out of busi- labor practice charges, of which 20 were lated to those of that employer. Fur- ness. The objectives of these union dismissed, 45 were set for trial, and 7 thermore, this legislation will continue agents are accomplished through filing were appealed. In Cape Elizabeth, to allow employees to organize and en- frivolous and unfair labor practice Maine, over a period of four years, Bay gage in activities designed to be pro- complaints or discrimination charges Electric incurred $100,000 in legal fees tected by the National Labor Relations against the employer with the National plus lost time to defend itself against Act. Labor Relations Board (NLRB), the Oc- 14 unfair labor practices, all of which This measure is not intended to un- cupational Safety and Health Adminis- were dismissed. In Delano, Minnesota, dermine those legitimate rights or pro- tration (OSHA), and the Equal Employ- Wright Electric incurred $150,000 in tections. Employers will gain no abil- ment Opportunity Commission (EEOC). legal fees and lost between $200,000 and ity to discriminate against union mem- Salting campaigns have been used suc- $300,000 in lost time to win the dis- bership or activities. This bill only cessfully to cause economic harm to missal of 14 of 15 unfair labor practices seeks to stop the destructive results of

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1149 salting abuse. Salting abuse must be servation Association. This bill is simi- (iii) the conduct of activities under a per- curtailed if we are to protect the small lar to legislation that my friend and mit in any area designated by a statute or business owners and employees of this colleague from Colorado, Congressman regulation as a special use area, including a wilderness or research natural area; HEFLEY, introduced in the 105th and re- nation. This legislation will insure (iv) the amount of equipment on site under these protections are possible. introduced in the 106th Congress as a permit; and It is for these reasons that I am in- H.R. 154. (v) any disruption of normal park function troducing the Truth in Employment Mr. President, I have letters from or accessibility, including temporary closure Act. I ask that my colleagues support two key interested associations in sup- of land or a facility to the public. this bill and restore fairness to the port of my bill’s goals. I ask unani- (B) FUNDS COLLECTED.—A special use fee American workplace. mous consent that these letters of sup- under this subparagraph shall be distributed port from the Motion Picture Associa- as follows: By Mr. CAMPBELL: tion of America and the National (i) 80 percent shall be deposited in a special S. 338. A bill to provide for the collec- account in the Treasury, and shall be avail- Parks and Conservation Association able, without further Act of appropriation, tion of fees for the making of motion and my bill be printed in the RECORD. I for use by the supervisors of units where the pictures, television productions, and urge my colleagues to support passage fee was collected. sound tracks in units of the Depart- of this bill. (ii) 20 percent shall be deposited in a spe- ment of the Interior, and for other pur- There being no objection, the mate- cial account in the Treasury, and shall be poses; to the Committee on Energy and rial was ordered to be printed in the available, without further Act of appropria- Natural Resources. RECORD, as follows: tion, for use by supervisors of units in the re- gion where the fee was collected. NATIONAL PARK SERVICE COMMERCIAL FILMING S. 338 (4) EXCEPTIONS.— PERMIT FEE ACT OF 1999 Be it enacted by the Senate and House of (A) FEE WAIVER OR REDUCTION.—The Sec- Mr. CAMPBELL. Mr. President, Representatives of the United States of America retary may waive a special use fee or charge today I introduce the National Park in Congress assembled, a reduced special use fee if the activity for Service Commercial Filming Permit SECTION 1. USE OF LAND; FEE AUTHORITY. which the fee is charged provides clear edu- Fee Act of 1999. This bill gives the Na- (a) AUTHORITY.— cational or interpretive benefits for the De- (1) IN GENERAL.—The Secretary of the Inte- partment of the Interior or the public. tional Park Service (NPS) and the Na- rior (referred to in this Act as the ‘‘Sec- tional Wildlife Refuge System (NWRS) (B) REGULAR VISITOR ENTRANCE FEE.—Noth- retary’’) may permit the use of land and fa- ing in this subsection affects the require- the authority to require fee-based per- cilities in units administered by the Sec- ment that, in addition to fees under in sub- mits for the use of Park Service and retary for— paragraph (A), each individual entering a National Wildlife Reserve lands in the (A) motion picture production; unit for purposes described in subsection (a) production of motion pictures, tele- (B) television production; shall pay any regular visitor entrance fee vision programs, advertisements or (C) soundtrack production; charged to visitors to the unit. other similar commercial purposes. (D) the production of an advertisement (c) REGULATIONS.— using a prop or a model; or This bill is based on legislation which I (1) IN GENERAL.—Not later than 180 days (E) any similar commercial project. after the date of enactment of this Act, the introduced in the 105th Congress, S. (2) EXCEPTION.—The Secretary shall not Secretary shall promulgate regulations that 1614. permit a use of land or a facility described in establish a schedule of rates for fees col- Our National Parks are among our paragraph (1) if the Secretary determines lected under subsection (b) based on factors nation’s most valuable resources. The that a proposed use— listed in subsection (b)(2)(C)(ii). National Park Service Commercial (A) is not appropriate; or (2) REVIEW OF REGULATIONS.— Filming Permit Fee Act of 1999 would (B) will impair the value or resources of (A) INITIAL REVIEW.—Not later than 3 years help us to protect them and ensure the land or facility. after the date of enactment of this Act, the that future generations will be able to (3) BONDING AND INSURANCE.—The Sec- Secretary shall review and, as appropriate, retary may require a bond, insurance, or revise the regulations promulgated under enjoy their beauty by making sure the such other means as is necessary to protect this subsection. parks are reimbursed for their com- the interests of the United States in connec- (B) CONTINUING REVIEW.—After the date of mercial use. tion with an activity conducted under a per- promulgation of regulations under subpara- The Bureau of Land Management and mit issued under this Act. graph (A), the Secretary shall periodically the Forest Service already have a simi- (b) FEES.— review the regulations and make necessary lar permit and fee system for commer- (1) IN GENERAL.—For any use of land or a revisions. cial filming on public lands. It doesn’t facility in a unit described in subsection (a), (d) APPLICABILITY OF REGULATIONS.— the Secretary shall assess— make sense that our National Parks, (1) PROHIBITION ON CERTAIN FEES.—The pro- (A) a reimbursement fee; and hibition on fees set forth in section 5.1(b)(1) which have been deemed to be even (B) a special use fee. of title 43, Code of Federal Regulations, shall more precious by their designation, (2) REIMBURSEMENT FEE.— cease to apply beginning on the effective should be used commercially for free. (A) IN GENERAL.—The Secretary shall re- date of regulations promulgated under this This is especially important now when quire the payment of a reimbursement fee in Act. taxpayers are facing increased fees to an amount that is not less than the amount (2) EFFECT ON OTHER REGULATIONS.—Noth- enter the national parks and more peo- of any direct and indirect costs to the Gov- ing in this Act, other than paragraph (1), af- ple are enjoying our natural wonders ernment incurred— fects the regulations set forth in part 5 of (i) in processing the application for a per- every year in record numbers. title 43, Code of Federal Regulations. mit for a use of land or facilities; and (e) CIVIL PENALTY.— My bill allows the National Park (ii) as a result of the use of land and facili- (1) IN GENERAL.—A person that violates any Service to collect a fair return fee ties under the permit, including any nec- regulation promulgated under this Act, or when the American peoples’ parks are essary costs of cleanup and restoration. conducts or attempts to conduct an activity used in these commercial media ven- (B) FUNDS COLLECTED.—An amount equal under subsection (a)(1) without obtaining a tures and then devotes those fees to to the amount of a reimbursement fee col- permit or paying a fee, shall be assessed a the preservation of our National Parks. lected under this subparagraph shall— civil penalty— Common sense directs us to do this, (i) be retained by the Secretary; and (A) for the first violation, in the amount and I believe this bill is fair for the (ii) be available for use by the Secretary, that is equal to twice the amount of the fees without further Act of appropriation, in the charged (or fees that would have been commercial users of our National unit in which the reimbursement fee is col- charged) under subsection (b)(2); Parks, and more importantly, for the lected. (B) for the second violation, in the amount American taxpayers. (3) SPECIAL USE FEE.— that is equal to 5 times the amount of the This bill builds upon progress made (A) FACTORS IN DETERMINING SPECIAL USE fees charged (or fees that would have been through hearings, conferences, and FEE.—To determine the amount of a special charged) under subsection (b)(2); and other valuable input received during use fee, the Secretary shall establish a (C) for the third and each subsequent viola- the 105th Congress. The revised legisla- schedule of rates sufficient to provide a fair tion, in the amount that is equal to 10 times tive language reflects input from the return to the Government, based on factors the amount of the fees charged (or fees that such as— would have been charged) under subsection administration, industry groups—in- (i) the number of people on site under a (b)(2). cluding the Motion Picture Association permit; (2) COSTS.—A person that violates this Act of America—and public interest groups (ii) the duration of activities under a per- or any regulation promulgated under this such as the National Parks and Con- mit; Act shall be required to pay all costs of any

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1150 CONGRESSIONAL RECORD — SENATE February 3, 1999 proceedings instituted to enforce this sub- iting public is being asked to pay more in en- Indian tribes. Schools, health facili- section. trance and use fees, and while the parks suf- ties, roads, and other vital infrastruc- (f) EFFECTIVE DATE.— fer from a significant and ongoing budgetary ture are being built by the Indian (1) IN GENERAL.—Except as provided in shortfall. tribes with the proceeds from Indian paragraph (2), this Act and the regulations We are optimistic that your legislation promulgated under this Act take effect 180 will help generate the debate necessary to gaming. days after the date of enactment of this Act. result in the remedying of this inequity. In the years before the enactment of (2) EXCEPTION.—This subsection and the Thank you for taking this first and positive the Indian Gaming Regulatory Act and authority of the Secretary to promulgate step towards solving this problem. in the years since its enactment, we regulations under subsection (c) take effect Sincerely, have heard concerns about the possi- on the date of enactment of this Act. WILLIAM J. CHANDLER, bility for organized criminal elements Vice President for Conservation Policy. to penetrate Indian gaming. I believe MOTION PICTURE ASSOCIATION the Act provides for a very substantial OF AMERICA, INC., By Mr. MCCAIN (for himself and regulatory role and law enforcement Washington, DC, February 2, 1999. Mr. INOUYE): role by the States and Indian tribes in Hon. BEN NIGHTHORSE CAMPBELL, S. 339. A bill to amend the Indian U.S. Senate, Russell Senate Office Building, class III gaming and by the Federal Gaming Regulatory Act, and for other Washington, DC. government in Class II gaming. The purposes; to the Committee on Indian DEAR BEN: I am writing to you today about record clearly shows that in the few in- Affairs. your legislation dealing with the filming of stances of known criminal activity in motion pictures in national park and public INDIAN GAMING REGULATORY ACT AMENDMENTS class III gaming, the Indian tribes have lands. I would like to lend my support for OF 1999 the aim of this bill and pledge to work with discovered the activity and have Mr. MCCAIN. Mr. President, I rise you on some areas of concern to our indus- sought Federal assistance in law en- try. today, along with my distinguished forcement. Right now, the National Parks Service colleague, Senator INOUYE, to propose Indian gaming will continue to be cannot charge fees for filming. Although the the Indian Gaming Regulatory Act scrutinized because of its increasing parks can be reimbursed for costs of filming, Amendments of 1999. The good Senator prominence in our nation’s economy these reimbursements do not provide real fi- and I have sponsored this bill for the nancial support to the parks. As a result, and political spectrum. I believe that past four years because of our con- any proposal to amend the Indian gam- park administrators can become indifferent tinuing belief that we must strengthen to filming, or even hostile because their ef- ing law should respect both the rights forts to promote movie making in the park the Indian gaming law and protect the of the Indian tribes and the States, don’t produce for them any direct return. authority of tribal governments to en- while recognizing the benefits of well- Your legislation provides a reasonable so- gage in gaming activities. regulated gaming to both Indian and lution by setting forth a fee schedule that is Senator INOUYE and I have sat predictable. We think the fee schedule ap- non-Indian communities. I look for- through hundreds of hours of discus- ward to working with my colleagues proach is an improvement over the ‘‘fair sions with Indian tribes, the States and market value’’ approach from previous legis- and all affected entities on a con- lation. The fee schedule provides a more sim- interested parties over the expansion of tinuing dialogue to protect the integ- ple, clear and predictable way of collecting Indian gaming. While the interest rity of Indian gaming. fees. Furthermore, we urge you to limit the grows stronger in amending IGRA, a I ask unanimous consent that a sec- factors as much as possible to the number of proposal has not been endorsed by ei- tion-by-section analysis be printed in people in the crew and the number of days in ther the Tribes or the States. Our in- the RECORD. the shoot. tention in forwarding this bill is to There being no objection, the item As the bill moves through the legislative once again set forth a balanced and fair process, we hope to work with you further. A was ordered to be printed in the particular area of concern is the provision discussion over necessary changes to RECORD, as follows: the Indian gaming law. related to regular visitor entrance fees. SECTION-BY-SECTION ANALYSIS All in all, I applaud your efforts. I know The bill we are introducing today Sections 1–3 set forth the title, findings that you, Senator are one who particularly will provide for minimum federal and purpose of the Act. appreciates the treasure of our national park standards in the regulation and licens- Section 4 amends the Indian Gaming Regu- system and public lands. I am pleased that ing of class II and III gaming as well as latory Act to revise definitions. the American movie, exhibited in over 150 Section 5 establishes (in lieu of the Na- countries, advertises to the world the all of the contractors, suppliers, and tional Indian Gaming Commission) the Fed- unduplicatable beauties of our national industries associated with such gam- eral Indian Gaming Regulatory Commission parks, irreplaceable treasures which belong ing. This will be accomplished through as an independent U.S. agency. It directs the to the American citizenry. the Federal Indian Gaming Regulatory Commission to establish minimum Federal I look forward to working with you and Commission which will be funded your staff. standards for background investigations, in- through assessments on Indian gaming ternal control systems, and licensing. The With great affection, revenues and fees imposed on license JACK VALENTI. Commission is granted investigatory author- applicants. ity. NATIONAL PARKS In addition, this bill is consistent Section 6 sets forth the powers of the AND CONSERVATION ASSOCIATION, with the 1987 decision of the U.S. Su- Chairperson of the Federal Indian Gaming Washington, DC, February 2, 1999. preme Court in the case of California v. Regulatory Commission. Section 7 sets forth the powers and author- Hon. BEN NIGHTHORSE CAMPBELL, Cabazon Band of Mission Indians in U.S. Senate, Washington, DC. ity of the Commission. that it neither expands or further re- Section 8 sets forth the regulatory frame- DEAR SENATOR CAMPBELL: The National stricts the scope of Indian gaming. The Parks and Conservation Association appre- work for class II and III gaming. ciates your efforts to close the ‘‘equity gap’’ laws of each State would continue to Section 9 directs the President to establish between visitors to the National Park Sys- be the basis for determining what gam- the Advisory Committee on Minimum Regu- tem and those in Hollywood and on Madison ing activities may be available to an latory Requirements and Licensing Stand- Avenue who have profited from their com- Indian tribe located in that State. ards. mercial use of the national parks. Under the Indian Gaming Regulatory Sections 10, 11, 12, 13 and 14 set forth re- quirements for: (1) licensing; (2) conduct of For the past five decades, the National Act of 1988, Indian tribes are required Park Service has been prohibited from col- class I, II, and III gaming on Indian lands; lecting anything but a nominal permitting to expend the profits from gaming ac- and (3) contract review. fee and a modest amount of cost recovery tivities to fund tribal government oper- Sections 15 and 16 set forth civil penalty (associated with monitoring filming activity ations or programs and to promote and judicial review provisions. and any necessary site remediation) from tribal economic development. Profits Sections 17 and 18 fund the Commission those who undertake commercial filming may only be distributed directly to the from authorized appropriations and class II projects in our national parks. Yet, the indi- members of an Indian tribe under a and III gaming fees. viduals and institutions using the parks as a plan which has been approved by the Section 19 applies specified tax with- holding and bank reporting requirements to backdrop for their films, commercials, tele- Secretary of Interior. Virtually all of vision programs, etc. have profited hand- Indian gaming operations. Requires the Com- somely. the proceeds from Indian gaming ac- mission to make certain law enforcement in- It is grossly unfair to allow a few busi- tivities are used to fund the social wel- formation available to State and tribal au- nesses to profit from the parks while the vis- fare, education, and health needs of the thorities.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1151 By Mr. ALLARD: portation technology, mission commu- Therefore, I, along with my co-spon- S. 340. A bill to amend the Cache La nications, academic programs, mission sors, urge the Members of this body to Poudre River Corridor Act to make support and the Office of the Inspector support this bill and allow NASA to technical corrections, and for other General. continue its mission of support for all purposes; to the Committee on Energy The FY 2000 levels are consistent space flight, for technological progress and Natural Resources. with the President’s request with the in aeronautics, and for space science. TECHNICAL CORRECTIONS TO THE CACHE LA exception of a reduction of $200 million Mr. MCCAIN. Mr. President, I rise POUDRE RIVER CORRIDOR ACT for the International Space Station ac- Mr. ALLARD. Mr. President, today I count. This reduction eliminates the today as a cosponsor of the National am introducing a bill to amend the funding requested for the Russian Pro- Aeronautics and Space Administration Cache La Poudre River Corridor Act to gram Assurance activities. I feel that (NASA) authorization bill for fiscal make technical corrections. it is only appropriate to withhold years 2000, 2001, and 2002. As Chairman This Act became Public Law on Octo- judgement on providing additional of the Committee on Commerce, ber 19, 1996 thanks to the diligence and funding to assist Russia with their fi- Science, and Transportation, I am able hard work of Senator Brown, my prede- nancial problems until NASA provides to work closely with NASA and to re- cessor. The purpose of this Act is to additional explanation on how these view the agency’s achievements on a designate the Cache La Poudre Cor- funds will be used. The situation in continual basis. I am proud of NASA’s ridor with the Cache La Poudre River Russia is changing daily and we must accomplishments and want to applaud Basin. The Poudre Corridor provides an fully understand the impact on the its sustained dominance throughout educational and inspirational benefit Station schedule and overall cost be- the world as the premier leader in basic to both present and future generations, fore committing more funds. aeronautics and space research. as well as unique and significant con- The FY 2001 and FY 2002 levels rep- Yet leadership has a price. All one tributions to our national heritage of resent a 3 percent increase over the has to do is open the newspaper to cultural and historical lands, water- previous year’s amount with the excep- learn about NASA’s endless difficulties ways, and structures within the Cor- tion of the Space Station. The Space with the International Space Station, ridor. Station has been authorized in accord- the agency’s most comprehensive and It is important that the following ance with NASA outyear projections complex endeavor to date. technical corrections be made to en- for FY 2001 and FY 2002. The bill contains a price cap on the This one-of-a-kind research facility sure that this act is interpreted and bears a lifetime price tag of approxi- implemented correctly. development costs of the International Space Station. The price cap language mately $100 billion dollars to the Amer- By Mr. FRIST (for himself, Mr. provides NASA with additional funding ican taxpayers. Although this program MCCAIN, and Mr. BURNS): Space Station development and allows is a long-term investment which will S. 342. A bill to authorize appropria- for additional Space Shuttle flights by bring discoveries unimaginable to sci- tions for the National Aeronautics and exempting certain activities at the entists today, it is our duty to protect Space Administration for fiscal years point when research, operating and the American people from the repeated 2000, 2001, and 2002, and for other pur- crew return vehicles activities’ costs inconsistent performance of the par- poses; to the Committee on Commerce, comprise more than 95 percent of the ticipating foreign partners, prime con- Science, and Transportation. annual funding for the Station. At this tractor, and program managers. THE NATIONAL AERONAUTICS AND SPACE ADMIN- point, the majority of the activities are During the 105th Congress, I offered ISTRATION AUTHORIZATION ACT FOR FY 2000, truly beyond the development phase of an important amendment to this legis- 2001, AND 2002 the project. lation that would impose a price cap on Mr. FRIST. Mr. President, I rise to The bill provides for liability cross- the development costs of the Inter- introduce the authorization bill for the waivers for the Space Station. The pro- national Space Station. The language National Aeronautics and Space Ad- vision authorizes, but does not require would ensure maximum program flexi- ministration for fiscal years 2000, 2001, NASA to enter into agreements with bility by providing NASA additional and 2002. any cooperating party participating in funding for Space Shuttle flights to NASA’s unique mission of explo- the Space Station program, whereby service the Station, and by exempting ration, discovery, and innovation has all involved parties agree to take the specific activities when development preserved America’s role as both a risk of damage to their own assets, and costs are 5 percent or less of the Sta- world leader in aviation and the pre- agrees not to sue other entities. These tion’s annual budget. I will again per- eminent spacefaring nation. It is cross waivers would not apply in the sonally encourage my Congressional NASA’s mission to: case of sabotage or other deliberate colleagues to enact a cost-cap measure Explore, use, and enable the develop- and willful acts. ment of space for human enterprise; NASA has indicated that these liabil- this year to impose some semblance of Advance scientific knowledge and un- ity cross-waivers will be needed to fiscal restraint, however, it is up to derstanding of the Earth, the Solar fully commercialize the Space Station. NASA to prove that it is a responsible System, and the Universe and utilize I support the commercialization of the steward of public resources. the environment of space for research; Station as a means of achieving a re- The recent political and economic and turn on investment for the public uncertainty in Russia has only exacer- Research, develop, verify and trans- through the creation of new industries bated the development delay of the fer advanced aeronautics, space and re- and jobs for the Nation. Russian components. Congress must lated technologies. I am concerned with the cost and pledge to work with NASA to bring fur- This bill is essentially the same as schedule delays in other programs as ther accountability to the Space Sta- reported by the Commerce Committee well. The X–33 test vehicle and the Ad- tion if the United States is going to last year. It contains provisions that vanced X-ray Astrophysics Facility continue its leadership, both finan- had bi-partisan support and would have programs represents major invest- cially and managerially. been included in a manager’s amend- ments of public funds and therefore ment had the bill been brought up for NASA is not, and should not become should be managed such that program a one mission agency. Congress must discussion on the Senate floor. requirements are met in a timely man- ensure that the Space Station does not The bill, which authorizes $13.4 bil- ner. lion for NASA in FY 2000, $13.8 billion The balance between manned and un- impede progress on NASA’s other im- for FY 2001, and $13.9 billion for FY manned flight, as well as the balance portant programs such as the Reusable 2002, provides for the continued devel- between fundamental science and de- Launch Vehicle, commonly referred to opment of the International Space Sta- velopment activities, is in need of re- as the RLV. tion, Space Shuttle operations and view. I intend to pursue these balances During the past year Congress has safety and performance upgrades, space further when the Commerce Com- expressed its grave concerns about the science, life and micro gravity sciences mittee holds hearings on the NASA alleged illegal transfers of U.S. missile and applications, the Earth Science budget and associated activities in the technology to China and other non- program, aeronautics and space trans- upcoming weeks. democratic nations. Yet, neither the

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1152 CONGRESSIONAL RECORD — SENATE February 3, 1999 transferring of licensing control from push into the tens of thousands of dol- S. 341 the Commerce Department back to lars, counting legal fees, travel, med- Be it enacted by the Senate and House of State, nor an embargo on foreign ical bills and other expenses. All too Representatives of the United States of America launches will solve the underlying often, it is the financial challenge that in Congress assembled, issues which result in American com- becomes an insurmountable obstacle to SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Hope for panies choosing foreign launch sites. bringing a child who is alone in the Children Act’’. Additional work is needed to substan- world together with a loving family. SEC. 2. ADOPTION EXPENSES. tially change the current environment We knew the adoption tax credit (a) INCREASE IN AMOUNTS ALLOWED.— for the domestic commercial launch in- wouldn’t eliminate the expense of (1) DOLLAR AMOUNT OF ALLOWED EX- dustry. adoption outright, but would only PENSES.—Paragraph (1) of section 23(b) of the What the community needs is cheap- allow eligible adoptive families to keep Internal Revenue Code of 1986 (relating to er access to space including less expen- a bit more of their own hard-earned in- dollar limitation) is amended by striking sive vehicles, launching costs, and in- ‘‘$5,000’’ and all that follows and inserting come to devote to those expenses. As a ‘‘$10,000.’’. surance. The X–33, a joint venture be- result, adoptive parents may be eligi- (2) PHASE-OUT LIMITATION.—Clause (i) of tween NASA and private industry, and ble to receive a tax credit of $5000 to section 23(b)(2)(A) of such Code (relating to X–34 programs are examples of prom- help cover out-of-pocket expenses re- income limitation) is amended by striking ising flight demonstrators which will lated to each adoption, or a $6000 tax ‘‘$75,000’’ and inserting ‘‘$150,000’’. lead the path to stimulating the indus- credit for the adoption of a ‘‘special (b) REPEAL OF SUNSET ON CHILDREN WITH- try. needs’’ child. OUT SPECIAL NEEDS.— Mr. President, we are at a unique (1) IN GENERAL.—Paragraph (2) of section If the comments I’ve been hearing 23(d) of such Code (relating to definition of juncture in the history of space dis- from families across the nation are any eligible child) is amended to read as follows: covery. I urge my colleagues to support gauge, the credit has helped make ‘‘(2) ELIGIBLE CHILD.—The term ‘eligible this legislation, and to help restore adoption a reality for a lot of children. child’ means any individual who— Congressional confidence in NASA and As more individuals explore the adop- ‘‘(A) has not attained age 18, or the Nation’s valuable space program. tion option, they are finding the credit ‘‘(B) is physically or mentally incapable of a small but significant cushion against caring for himself.’’. By Mr. CRAIG: (2) CONFORMING AMENDMENT.—Subsection the financial impact. Even so, I’ve re- S. 341. A bill to amend the Internal (d) of section 23 of such Code (relating to ceived a number of constructive sug- Revenue Code of 1986 to increase the definitions) is amended by striking para- gestions from families as to how the amount allowable for qualified adop- graph (3). adoption tax credit could be improved, (c) ADJUSTMENT OF DOLLAR AND INCOME tion expenses, to permanently extend to make it more effective in promoting LIMITATIONS FOR INFLATION.—Section 23 of the credit for adoption expenses, and to adoption in the United States. such Code is amended by redesignating sub- adjust the limitations on such credit section (h) as subsection (i) and by inserting for inflation, and for other purposes; to Furthermore, back in 1996 when we after subsection (g) the following new sub- the Committee on Finance. originally debated this matter, there section: were political and fiscal considerations ‘‘(h) ADJUSTMENTS FOR INFLATION.—In the HOPE FOR CHILDREN ACT that caused Congress to include a sun- case of a taxable year beginning after De- Mr. CRAIG. Mr. President, I rise to set provision for the adoption tax cred- cember 31, 2000, each of the dollar amounts introduce the Hope for Children Act, it. Unless we act soon to extend this in paragraphs (1) and (2)(A)(i) of subsection which is also being introduced today in (b) shall be increased by an amount equal enormously helpful tool, it will expire. the House of Representatives by Con- to— For all of those reasons, I am intro- gressman TOM BLILEY of Virginia. ‘‘(1) such dollar amount, multiplied by I think all of us—no matter what ducing the Hope for Children Act. It ‘‘(2) the cost-of-living adjustment deter- party or philosophy—share the hope builds on the work done by our pre- mined under section 1(f)(3) for the calendar vious Congress, to improve and extend year in which the taxable year begins, deter- that every child in the world has a lov- mined by substituting ‘calendar year 1999’ ing, permanent home. The Hope for the adoption tax credit. Specifically, it would make the tax for ‘calendar year 1992’ in subparagraph (B) Children Act is aimed at making that thereof.’’. hope a reality for more children, by credit permanent, and adjust it for in- (d) LIMITATION BASED ON AMOUNT OF TAX.— making it possible for more families to flation. It would also exclude the credit (1) IN GENERAL.—Subsection (c) of section open their homes and hearts to a child from calculation of the alternative 23 of such Code is amended by striking ‘‘the through adoption. minimum tax. The full credit would be limitation imposed’’ and all that follows available for taxpayers with adjusted through ‘‘1400C)’’ and inserting ‘‘the applica- In the past few years, Congress has ble tax limitation’’. taken a number of steps to promote gross incomes under $150,000; those with adjusted gross incomes between (2) APPLICABLE TAX LIMITATION.—Sub- adoption in this country. I commend section (d) of section 23 of such Code (as my colleagues on both sides of the aisle $150,000 and $190,000 would be able to amended by subsection (b)) is further amend- and in both chambers for their dedica- take a reduced credit. No credit would ed adding at the end the following new para- tion to this effort. As an adoptive fa- be available to those with adjusted graph: ther myself, and co-chair of the bipar- gross incomes of more than $190,000. ‘‘(3) APPLICABLE TAX LIMITATION.—The tisan, bicameral Congressional Coali- I should say at this point that I do term ‘applicable tax limitation’ means the not think this bill is the final word on sum of— tion on Adoption, I’ve been pleased to ‘‘(A) the taxpayer’s regular tax liability for see more and more American families the subject. I intend to work with in- terested groups and individuals on ad- the taxable year, reduced (but not below formed through adoption, and I sin- zero) by the sum of the credits allowed by cerely believe the work of Congress has ditional legislation that will promote sections 21, 22, 24 (other than the amount of been a contributing factor. adoption—perhaps most important, the increase under subsection (d) thereof), 25, However, we have some unfinished that will do more to promote the adop- and 25A, and business to take care of, and that’s tion of children with special needs. ‘‘(B) the tax imposed by section 55 for such what I’m here to talk about today. There are so many children in the taxable year.’’. Many of my colleagues will remem- United States and the world who can (3) CONFORMING AMENDMENTS.— only hope for the loving, permanent (A) Subsection (a) of section 26 of such ber back in 1996, we succeeded in enact- Code (relating to limitation based on amount ing a tax credit for adoption expenses. home that should be their birthright— of tax) is amended by inserting ‘‘(other than We did so, because we realized that I invite all Senators to join me in sup- section 23)’’ after ‘‘allowed by this subpart’’. adopting families face extraordinary porting the Hope for Children Act to (B) Paragraph (1) of section 53(b) of such challenges: not only must they forge a help make their dreams a reality. Code (relating to minimum tax credit) is new family unit while navigating a lab- Mr. President, I ask unanimous con- amended by inserting ‘‘reduced by the aggre- yrinth of legal or regulatory require- sent that a copy of the bill be printed gate amount taken into account under sec- tion 23(d)(3)(B) for all such prior taxable ments, but they also have financial in the RECORD. years,’’ after ‘‘1986,’’. challenges above and beyond the usual There being no objection, the bill was (e) EFFECTIVE DATE.—The amendments expenses of caring for and raising chil- ordered to be printed in the RECORD, as made by this section shall apply to taxable dren. The cost of adoption can easily follows: years beginning after December 31, 1998.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1153 By Mr. BOND (for himself, Mr. ibility. Then, last Fall, we passed legis- try to provide insurance coverage for BURNS, Ms. SNOWE, Mr. ENZI, lation that will speed up the date that their employees and themselves. Mr. COVERDELL, Mr. HAGEL, Mr. self-employed persons can fully deduct My bill eliminates this problem by KYL, Mr. CRAIG, Mr. INHOFE, their health-insurance costs to 2003. We clarifying that the self-employed Mr. HELMS, Ms. COLLINS, Mr. also significantly increased the deduct- health-insurance deduction is limited SPECTER, Mr. JEFFORDS, Mr. ible amounts in the intervening years only if the self-employed person actu- over the prior law. While I strongly ROBERTS, and Mr. HUTCHINSON): ally participates in a subsidized health S. 343. A bill to amend the Internal supported these improvements, the insurance plan offered by a spouse’s Revenue Code of 1986 to allow a deduc- self-employed still cannot wait four employer or through a second job. It’s tion for 100 percent of the health insur- more years for 100% deductibility when ance costs of self-employed individuals; their large corporate competitors have simply a matter of fairness, and a step to the Committee on Finance. long been able to deduct such costs in we need to take now. SELF-EMPLOYED HEALTH INSURANCE FAIRNESS full. The second bill that I introduce ACT OF 1999 With the self-employed able to de- today is the ‘‘Independent Contractor duct only 60% of their health-insurance Simplification and Relief Act of 1999.’’ By Mr. BOND (for himself, Mr. costs today, it comes as no surprise This bill will provide clear rules and NICKLES, Ms. SNOWE, Mr. that nearly a quarter of the self-em- relief for entrepreneurs seeking to be COVERDELL, Mr. BENNETT, and ployed still do not have health insur- treated as independent contractors and Mr. COCHRAN): ance. In fact, five million Americans for businesses needing to use inde- S. 344. A bill to amend the Internal live in families headed by a self-em- pendent contractors. As the Chairman Revenue Code of 1986 to provide a safe ployed individual and have no health of the Small Business Committee, I harbor for determining that certain in- insurance. And those families include have heard from countless small busi- dividuals are not employees; to the 1.3 million children who lack adequate ness owners who are caught in the en- Committee on Finance. health-insurance coverage. vironment of fear and confusion that INDEPENDENT CONTRACTOR SIMPLIFICATION AND Mr. President, it is time to finish the now surrounds the classification of RELIEF ACT OF 1999 job once and for all in this Congress. Mr. BOND. Mr. President, small busi- My bill will increase the deductibility workers. This situation is stifling the nesses today face enormous burdens of health insurance for the self-em- entrepreneurial spirit of many small when it comes to taxes. Each year they ployed to 100% beginning this year. A business owners who find that they do pay a growing portion of their revenues full deduction will make health insur- not have the flexibility to conduct on income, employment, and excise ance more affordable to the self-em- their businesses in a manner that taxes. Yet even before they write the ployed and help them and their fami- makes the best economic sense and tax check, they spend more than 5% of lies get the health insurance coverage that serves their personal and family their revenues just to comply with the that they need and deserve. goals. tax laws. These revenues are spent on The ‘‘Self-Employed Health Insur- The root of this problem is found in accountants, bookkeepers, and lawyers ance Fairness Act’’ also corrects an- the IRS’ test for determining whether to sort out the countless pages of tax other inequity in the tax law affecting a worker is an independent contractor laws, regulations, forms, instructions, the self-employed who try to provide or an employee. Over the past three rulings, and other guidance published health insurance for themselves, their decades, the IRS has relied on a 20-fac- by the IRS. In addition, small business families, and their employees. Under tor test based on the common law to owners must dedicate valuable time current law, the self-employed lose all make this determination. On first and energy on day-to-day record- of the health-insurance deduction if blush, a 20-factor test sounds like a keeping and other compliance require- they are eligible to participate in an- reasonable approach—if a taxpayer ments, all of which keep them from other health-insurance plan—whether demonstrates a majority of the factors, doing what they do best—running their or not they actually participate. he is an independent contractor. Not business. This provision affects self-employed individuals like Steve Hagan in my surprisingly, the IRS’ test is not that As the Chairman of the Committee simple. It is a complex set of extremely on Small Business, I have heard from hometown of Mexico, Missouri. Mr. Hagan is a financial planner who runs subjective criteria with no clear weight small business owners in Missouri and assigned to any of the factors. As a re- across this country that they are more his own small business. Although he has a group medical plan for his em- sult, small business taxpayers are not than willing to pay their fair share of able to predict which of the 20 factors taxes. But what they object to is pay- ployees, Mr. Hagan cannot deduct the will be most important to a particular ing high tax bills and vast amounts for cost of covering himself or his family IRS agent, and finding a certain num- professional tax assistance only to end simply because his wife is eligible for ber of these factors in any given case up the victim of an unfair tax code. health insurance through her em- Mr. President, I rise today to intro- ployer. The inequity is clear. Why does not guarantee the outcome. duce legislation that will eliminate should he be able to deduct the insur- To make matters worse, the IRS’ de- two major sources of that unfairness ance costs for his employees but not termination inevitably occurs two or and provide a level playing field for the for himself and his family? What if the three years after the parties have de- millions of men and women who work insurance available through his wife’s termined in good faith that they have exceedingly hard to make their small employer does not meet the needs of an independent-contractor relation- enterprises a success. These bills are their family? ship. And the consequences can be dev- common-sense measures that respond Besides being patently unfair, this is astating. The business recipient of the to the calls from small businesses for also an enormous trap for the unwary. services is forced to reclassify the inde- tax fairness and simplicity. Imagine the small business owner who pendent contractor as an employee and My first bill, the ‘‘Self-Employed learns that she can now deduct 60% of must pay the payroll taxes the IRS her health-insurance costs this year, Health Insurance Fairness Act of 1999,’’ says should have been collected in the and with the extra deduction, she can will end one of the most glaring inequi- prior years. Interest and penalties are finally afford a group medical plan for ties that has existed in our tax law— also piled on. The result for many herself and her employees. Then later the deductibility of health-insurance small businesses is a tax bill that costs for the self-employed. For nearly in the year, her husband gets a new job that offers health insurance. Suddenly, bankrupts the company. But that’s not five years, I have been working to see the end of the story. The IRS then goes that the self-employed receive equal her self-employed health-insurance de- after the service provider, who is now treatment when it comes to the de- duction is gone, and she is left with classified as an employee, and dis- ductibility of health insurance. two choices. She can bear the entire During the 105th Congress, we made cost of her family’s coverage, or termi- allows a portion of her business ex- substantial progress. First, in the Tax- nate the insurance coverage for all her penses—again resulting in additional payer Relief Act of 1997, we broke employees. The tax code should not taxes, interest and penalties. through the long-standing cap on the force small business owners into this Mr. President, all of us in this body deduction to provide 100% deduct- kind of ‘‘no win’’ situation when they recognize that the IRS is charged with

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1154 CONGRESSIONAL RECORD — SENATE February 3, 1999 the duty of collecting Federal revenues the beginning that he is responsible for sions by providing the businesses that and enforcing the tax laws. The prob- his own tax payments. Second, the new engage them with the same protections lem in this case is that the IRS is using rules will not apply if the service re- that businesses using other types of a procedure that is patently unfair and cipient does not comply with the re- independent contractors have enjoyed subjective. And the result is that busi- porting requirements and issue 1099s to for more than 20 years. nesses must spend thousands of dollars individuals who perform services. Mr. President, the bills I introduce on lawyers and accountants to try to Third, an independent contractor oper- today are common-sense measures that satisfy the IRS’ procedures, but with ating through his own corporation or answer small business’ urgent plea for no certainty that the conclusions will limited liability company must file all fairness and simplicity in the tax law. be respected. That’s no way for busi- required income and employment tax As we work toward the day when the nesses to operate in today’s rapidly returns in order to be protected under entire tax law is based on these prin- changing economy. the bill. ciples, we can make a difference today For its part, the IRS has adopted a In the last Congress, concerns were by enacting these two bills. Entre- worker classification training manual, raised that permitting individuals who preneurs have waited too long—let’s which according to the agency is an provide their services through their get the job done! ‘‘attempt to identify, simplify, and own corporation or limited liability Mr. President, I ask unanimous con- clarify the relevant facts that should company to qualify as independent sent to include in the RECORD a copy of be evaluated in order to accurately de- contractors would lead to abusive situ- each bill and a description of its provi- termine worker classification * * *.’’ ations at the expense of workers who sions. There can be no more compelling rea- should be treated as employees. To pre- There being no objection, the items son for immediate action on this issue. vent this option from being abused, I were ordered to be printed in the The IRS’ training manual is more than have added language that limits the RECORD, as follows: 150 pages. If it takes that many pages number of former employees that a S. 343 to teach revenue agents how to ‘‘sim- service recipient may engage as inde- Be it enacted by the Senate and House of plify and clarify’’ this small business pendent contractors under the incorpo- Representatives of the United States of America tax issue, I think we can be sure how ration option. This limit will protect in Congress assembled, simple and clear it is going to seem to against misuse of the incorporation op- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Self-Em- taxpayers who try to figure it out on tion while still allowing individuals to ployed Health Insurance Fairness Act of their own. start their own businesses and have a 1999’’. The ‘‘Independent Contractor Sim- former employer as one of their initial SEC. 2. DEDUCTION FOR HEALTH INSURANCE plification and Relief Act’’ is based on clients. COSTS OF SELF-EMPLOYED INDIVID- the provisions of my Home-Based Busi- Another major concern of many busi- UALS INCREASED. ness Fairness Act, which I introduced nesses and independent contractors is (a) IN GENERAL.—Section 162(l)(1) of the In- at the start of the 105th Congress. My the issue of reclassification. My bill ternal Revenue Code of 1986 (relating to spe- bill removes the need for so many provides relief to these taxpayers when cial rules for health insurance costs of self- employed individuals) is amended to read as pages of instruction on the 20-factor the IRS determines that a worker was follows: test by establishing clear rules for misclassified. Under my bill, if the ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case classifying workers based on objective business and the independent con- of an individual who is an employee within criteria. Under these criteria, if there tractor have a written agreement, if the meaning of section 401(c)(1), there shall is a written agreement between the the applicable reporting requirements be allowed as a deduction under this section parties, and if an individual dem- were met, and if there was a reasonable an amount equal to the amount paid during onstrates economic independence and basis for the parties to believe that the the taxable year for insurance which con- independence with respect to the work- worker is an independent contractor, stitutes medical care for the taxpayer, the taxpayer’s spouse, and dependents.’’ place, he will be treated as an inde- then an IRS reclassification will only (b) CLARIFICATION OF LIMITATIONS ON OTHER pendent contractor rather than an em- apply prospectively. This provision COVERAGE.—The first sentence of section ployee. And the service recipient will gives important peace of mind to small 162(l)(2)(B) of the Internal Revenue Code of not be treated as an employer. In addi- businesses that act in good faith by re- 1986 is amended to read as follows: ‘‘Para- tion, individuals who perform services moving the unpredictable threat of ret- graph (1) shall not apply to any taxpayer for through their own corporation or lim- roactive reclassification and substan- any calendar month for which the taxpayer ited liability company will also qualify tial interest and penalties. participates in any subsidized health plan A final provision of this legislation, maintained by any employer (other than an as independent contractors as long as employer described in section 401(c)(4)) of the there is a written agreement and the Mr. President, is the repeal of section taxpayer or the spouse of the taxpayer.’’ individuals provide for their own bene- 1706 of the 1986 Tax Reform Act. This (c) EFFECTIVE DATE.—The amendments fits. section affects businesses that engage made by this section shall apply to taxable The safe harbor is simple, straight- technical service providers, such as en- years beginning after December 31, 1998. forward, and final. To take advantage gineers, designers, drafters, computer of it, payments above $600 per year to programmers, and systems analysts. In SELF-EMPLOYED HEALTH INSURANCE FAIRNESS ACT OF 1999—DESCRIPTION OF PROVISIONS an individual service provider must be certain cases, Section 1706 precludes The bill amends section 162(l)(1) of the In- reported to the IRS, just as is required these businesses from applying the re- ternal Revenue Code to increase the deduc- under current law. This will help en- classification protections under section tion for health-insurance costs for self-em- sure that taxes properly due to the 530 of the Revenue Act of 1978. When ployed individuals to 100% beginning on Jan- Treasury will continue to be collected. section 1706 was enacted, its pro- uary 1, 1999. Currently the self-employed can Mr. President, the IRS contends that ponents argued that technical service only deduct 60% percent of these costs. The there are millions of independent con- workers were less compliant in paying deduction is not scheduled to reach 100% tractors who should be classified as their taxes. Later examination of this until 2003, under the provisions of the Omni- employees, which costs the Federal issue by the Treasury Department bus Consolidated and Emergency Supple- government billions of dollars a year. mental Appropriations Act of 1998, which found that technical service workers was signed into law in October 1998. The bill This assertion is plainly incorrect. are in fact more likely to pay their is designed to place self-employed individ- Classification of a worker has no cost taxes than most other types of inde- uals on an equal footing with large busi- to the government. What costs the gov- pendent contractors. This revelation nesses, which can currently deduct 100% of ernment are taxpayers who do not pay underscores the need to repeal section the health-insurance costs for all of their their taxes. My bill has three require- 1706 and level the playing field for indi- employees. ments that I believe will improve com- viduals in these professions. The bill also corrects a disparity under pliance among independent contractors In the last two Congresses, proposals current law that bars a self-employed indi- vidual from deducting any of his or her using the new rules I propose. First, to repeal section 1706 enjoyed wide bi- health-insurance costs if the individual is el- there must be a written agreement be- partisan support. The bill I introduce igible to participate in another health-insur- tween the parties—this will put the today is designed to level the playing ance plan. This provision affects self-em- independent contractor on notice at field for individuals in these profes- ployed individuals who are eligible for, but

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1155 do not participate in, a health-insurance ‘‘(1) has a principal place of business, cipient or payor paid employment taxes plan offered through a second job or through ‘‘(2) does not primarily provide the service under subtitle C in all 4 quarters of the pre- a spouse’s employer. That insurance plan at a single service recipient’s facilities, ceding calendar year. may not be adequate for the self-employed ‘‘(3) pays a fair market rent for use of the ‘‘(3) BURDEN OF PROOF.—For purposes of business owner, and this provision prevents service recipient’s facilities, or subsection (a), if— the self-employed from deducting the costs ‘‘(4) operates primarily from equipment ‘‘(A) a service provider, service recipient, of insurance policies that do meet the spe- not supplied by the service recipient. or payor establishes a prima facie case that cific needs of their families. In addition, this ‘‘(d) WRITTEN DOCUMENT REQUIREMENTS.— it was reasonable not to treat a service pro- provision provides a significant disincentive For purposes of subsection (a), the require- vider as an employee for purposes of this sec- for self-employed business owners to provide ments of this subsection are met if the serv- tion, and group health insurance for their employees. ices performed by the service provider are ‘‘(B) the service provider, service recipient, The bill ends this disparity by clarifying performed pursuant to a written contract be- or payor has fully cooperated with reason- that a self-employed person loses the deduc- tween such service provider and the service able requests from the Secretary or his dele- tion only if he or she actually participates in recipient, or the payor, and such contract gate, another health-insurance plan. provides that the service provider will not be treated as an employee with respect to such then the burden of proof with respect to such S. 344 services for Federal tax purposes and that treatment shall be on the Secretary. Be it enacted by the Senate and House of Rep- the service provider is responsible for the ‘‘(4) RELATED ENTITIES.—If the service pro- resentatives of the United States of America in provider’s own Federal, State, and local in- vider is performing services through an enti- Congress assembled, come taxes, including self-employment taxes ty owned in whole or in part by such service SECTION 1. SHORT TITLE. and any other taxes. provider, the references to service provider This Act may be cited as the ‘‘Independent ‘‘(e) BUSINESS STRUCTURE AND BENEFITS in subsections (b) through (e) shall include Contractor Simplification and Relief Act of REQUIREMENTS.—For purposes of subsection such entity if the written contract referred (a), the requirements of this subsection are 1999’’. to in subsection (d) is with such entity. met if the service provider— SEC. 2. SAFE HARBOR FOR DETERMINING THAT ‘‘(g) DETERMINATIONS BY THE SECRETARY.— ‘‘(1) conducts business as a properly con- CERTAIN INDIVIDUALS ARE NOT EM- For purposes of this title— PLOYEES. stituted corporation or limited liability ‘‘(1) IN GENERAL.— (a) IN GENERAL.—Chapter 25 (relating to company under applicable State laws, and ‘‘(A) DETERMINATIONS WITH RESPECT TO A general provisions relating to employment ‘‘(2) does not receive from the service re- cipient or payor any benefits that are pro- SERVICE RECIPIENT OR A PAYOR.—A deter- taxes) is amended by adding after section mination by the Secretary that a service re- 3510 the following new section: vided to employees of the service recipient. ‘‘(f) SPECIAL RULES.—For purposes of this cipient or a payor should have treated a ‘‘SEC. 3511. SAFE HARBOR FOR DETERMINING service provider as an employee shall be ef- THAT CERTAIN INDIVIDUALS ARE section— NOT EMPLOYEES. ‘‘(1) FAILURE TO MEET REPORTING REQUIRE- fective no earlier than the notice date if— ‘‘(a) SAFE HARBOR.— MENTS.—If for any taxable year any service ‘‘(i) the service recipient or the payor en- ‘‘(1) IN GENERAL.—For purposes of this recipient or payor fails to meet the applica- tered into a written contract satisfying the title, if the requirements of subsections (b), ble reporting requirements of section 6041(a) requirements of subsection (d), (c), and (d), or the requirements of sub- or 6041A(a) with respect to a service pro- ‘‘(ii) the service recipient or the payor sat- sections (d) and (e), are met with respect to vider, then, unless the failure is due to rea- isfied the applicable reporting requirements any service performed by any individual, sonable cause and not willful neglect, the of section 6041(a) or 6041A(a) for all taxable then with respect to such service— safe harbor provided by this section for de- years covered by the contract described in ‘‘(A) the service provider shall not be termining whether individuals are not em- clause (i), and treated as an employee, ployees shall not apply to such service re- ‘‘(iii) the service recipient or the payor ‘‘(B) the service recipient shall not be cipient or payor with respect to that service demonstrates a reasonable basis for deter- treated as an employer, provider. mining that the service provider is not an ‘‘(C) the payor shall not be treated as an ‘‘(2) CORPORATION AND LIMITED LIABILITY employee and that such determination was employer, and COMPANY SERVICE PROVIDERS.— made in good faith. ‘‘(D) compensation paid or received for ‘‘(A) RETURNS REQUIRED.—If, for any tax- ‘‘(B) DETERMINATIONS WITH RESPECT TO A such service shall not be treated as paid or able year, any corporation or limited liabil- SERVICE PROVIDER.—A determination by the received with respect to employment. ity company fails to file all Federal income Secretary that a service provider should ‘‘(2) AVAILABILITY OF SAFE HARBOR NOT TO and employment tax returns required under have been treated as an employee shall be ef- LIMIT APPLICATION OF OTHER LAWS.—Nothing this title, unless the failure is due to reason- fective no earlier than the notice date if— in this section shall be construed— able cause and not willful neglect, sub- ‘‘(i) the service provider entered into a con- ‘‘(A) as limiting the ability of a service section (e) shall not apply to such corpora- tract satisfying the requirements of sub- provider, service recipient, or payor to apply tion or limited liability company. section (d), other provisions of this title, section 530 of ‘‘(B) RELIANCE BY SERVICE RECIPIENT OR ‘‘(ii) the service provider satisfied the ap- the Revenue Act of 1978, or the common law PAYOR.—If a service recipient or a payor— plicable reporting requirements of sections in determining whether an individual is not ‘‘(i) obtains a written statement from a 6012(a) and 6017 for all taxable years covered an employee, or service provider which states that the serv- by the contract described in clause (i), and ‘‘(B) as a prerequisite for the application of ice provider is a properly constituted cor- ‘‘(iii) the service provider demonstrates a any provision of law described in subpara- poration or limited liability company, pro- reasonable basis for determining that the graph (A). vides the State (or in the case of a foreign service provider is not an employee and that ‘‘(b) SERVICE PROVIDER REQUIREMENTS entity, the country), and year of, incorpora- such determination was made in good faith. WITH REGARD TO THE SERVICE RECIPIENT.— tion or formation, provides a mailing ad- ‘‘(C) REASONABLE CAUSE EXCEPTION.—The For purposes of subsection (a), the require- dress, and includes the service provider’s em- requirements of subparagraph (A)(ii) or ments of this subsection are met if the serv- ployer identification number, and (B)(ii) shall be treated as being met if the ice provider, in connection with performing ‘‘(ii) makes all payments attributable to failure to satisfy the applicable reporting re- the service— services performed pursuant to 1 or more quirements is due to reasonable cause and ‘‘(1) has the ability to realize a profit or contracts described in subsection (d) to such not willful neglect. loss, corporation or limited liability company, ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(2) agrees to perform services for a par- then the requirements of subsection (e)(1) section shall be construed as limiting any ticular amount of time or to complete a spe- shall be deemed to have been satisfied. provision of law that provides an oppor- cific result or task, and ‘‘(C) AVAILABILITY OF SAFE HARBOR.— tunity for administrative or judicial review ‘‘(3) either— ‘‘(i) IN GENERAL.—For purposes of this sec- of a determination by the Secretary. tion, unless otherwise established to the sat- ‘‘(A) incurs unreimbursed expenses which ‘‘(3) NOTICE DATE.—For purposes of this are ordinary and necessary to the service isfaction of the Secretary, the number of subsection, the notice date is the 30th day provider’s industry and which represent an covered workers which are not treated as after the earlier of— amount equal to at least 2 percent of the employees by reason of subsection (e) for any ‘‘(A) the date on which the first letter of service provider’s adjusted gross income at- calendar year shall not exceed the threshold proposed deficiency that allows the service tributable to services performed pursuant to number for the calendar year. provider, the service recipient, or the payor ‘‘(ii) THRESHOLD NUMBER.—For purposes of 1 or more contracts described in subsection an opportunity for administrative review in this paragraph, the term ‘threshold number’ (d), or the Internal Revenue Service Office of Ap- means, for any calendar year, the greater of ‘‘(B) has a significant investment in assets. peals is sent, or ‘‘(c) ADDITIONAL SERVICE PROVIDER RE- (I) 10 covered workers, or (II) a number equal ‘‘(B) the date on which the deficiency no- QUIREMENTS WITH REGARD TO OTHERS.—For to 3 percent of covered workers. tice under section 6212 is sent. the purposes of subsection (a), the require- ‘‘(iii) COVERED WORKER.—For purposes of ments of this subsection are met if the serv- this paragraph, the term ‘covered worker’ ‘‘(h) DEFINITIONS.—For the purposes of this ice provider— means an individual for whom the service re- section—

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‘‘(1) SERVICE PROVIDER.—The term ‘service CLEAR RULES FOR WORKER CLASSIFICATION New Worker-Classification Rules Do Not Re- provider’ means any individual who performs Under the bill’s new worker-classification place Other Options: In the event that the a service for another person. rules, an individual will be treated as an new worker-classification rules do not apply, ‘‘(2) SERVICE RECIPIENT.—Except as pro- independent contractor and the service re- the bill makes clear that the independent vided in paragraph (4), the term ‘service re- cipient will not be treated as an employer if contractor or service recipient can still rely cipient’ means the person for whom the serv- either of two tests is met—the ‘‘general on the 20-factor common law test or other ice provider performs such service. test’’ or the ‘‘incorporation test.’’ provisions of the Internal Revenue Code ap- ‘‘(3) PAYOR.—Except as provided in para- General Test: The general test requires that plicable in determining whether an indi- graph (4), the term ‘payor’ means the person the independent contractor demonstrate eco- vidual is an independent contractor or em- who pays the service provider for the per- nomic independence and workplace inde- ployee. In addition, the bill does not limit formance of such service in the event that pendence and have a written contract with any relief to which a taxpayer may be enti- the service recipient does not pay the service the service recipient. tled under Section 530 of the Revenue Act of provider. Economic independence exists if the inde- 1978. The bill also makes clear that the new ‘‘(4) EXCEPTIONS.—The terms ‘service re- pendent contractor has the ability to realize rules will not be construed as a prerequisite cipient’ and ‘payor’ do not include any enti- a profit or loss and agrees to perform serv- for these other provisions of the law. ty in which the service provider owns in ex- ices for a particular amount of time or to RELIEF FROM RECLASSIFICATION cess of 5 percent of— complete a specific result or task. In addi- The bill provides relief from reclassifica- ‘‘(A) in the case of a corporation, the total tion, the independent contractor must either tion by the IRS of an independent contractor combined voting power of stock in the cor- incur unreimbursed expenses that are con- as an employee. For many service recipients poration, or sistent with industry practice and that equal who make a good-faith effort to classify the ‘‘(B) in the case of an entity other than a at least 2% of the independent contractor’s worker correctly, this event can result in ex- corporation, the profits or beneficial inter- adjusted gross income from the performance tensive liability for back employment taxes, ests in the entity. of services during the taxable year, or have interest, and penalties. ‘‘(5) IN CONNECTION WITH PERFORMING THE a significant investment in the assets of his Relief Under the New Worker-Classification SERVICE.—The term ‘in connection with per- or her business. Rules: The bill provides relief for cases in forming the service’ means in connection or Workplace independence exists if one of which a worker is treated as an independent related to the operation of the service pro- the following applies: the independent con- contractor under the new worker-classifica- vider’s trade or business. tractor has a principal place of business (in- tion rules and the IRS later contends that ‘‘(6) PRINCIPAL PLACE OF BUSINESS.—For cluding a ‘‘home office’’ as expanded by the the new rules do not apply. In that case, the purposes of subsection (c), the term ‘prin- Taxpayer Relief Act of 1997); he or she per- burden of proof will fall on the IRS, rather cipal place of business’ has the same mean- forms services at more than one service re- than the taxpayer, to prove that the new ing as under section 280A(c)(1) (as in effect cipient’s facilities; he or she pays a fair-mar- worker-classification rules do not apply. To for taxable years beginning after December ket rent for the use of the service recipient’s qualify for this relief the taxpayer must 31, 1998). facilities; or the independent contractor uses demonstrate a credible argument that it was ‘‘(7) FAIR MARKET RENT.—The term ‘fair his or her own equipment. reasonable to treat the service provider as an market rent’ means a periodic, fixed min- The written contract between the inde- independent contractor under the new rules, imum rental fee which is based on the fair pendent contractor and the service recipient and the taxpayer must fully cooperate with rental value of the facilities and is estab- must provide that the independent con- reasonable requests from the IRS. lished pursuant to a written contract with tractor will not be treated as an employee Protection Against Retroactive Reclassifica- terms similar to those offered to unrelated and is responsible for his or her own taxes. tion: If the IRS notifies a service recipient persons for facilities of similar type and Incorporation Test: Under this test, an indi- that an independent contractor should have quality.’’ vidual will be treated as an independent con- been classified as an employee (under the (b) REPEAL OF SECTION 530(d) OF THE REV- tractor if he or she conducts business new or old rules), the bill provides that the ENUE ACT OF 1978.—Section 530(d) of the Rev- through a corporation or a limited liability IRS’ determination can become effective enue Act of 1978 (as added by section 1706 of company. In addition, the independent con- only 30 days after the date that the IRS the Tax Reform Act of 1986) is repealed. tractor must be responsible for his or her sends the notification. To qualify for this (c) CLERICAL AMENDMENT.—The table of own benefits, instead of receiving benefits provision, the service recipient must show sections for chapter 25 of the Internal Rev- from the service recipient. The independent that: enue Code of 1986 is amended by adding at contractor must also have a written contract there was a written agreement between the the end the following new item: with the service provider stating that the parties; ‘‘Sec. 3511. Safe harbor for determining that independent contractor will not be treated as the service recipient satisfied the applica- certain individuals are not em- an employee and is responsible for his or her ble reporting requirements for all taxable ployees.’’ own taxes. years covered by the contract; and there was a reasonable basis for deter- (d) EFFECTIVE DATES.— To prevent the incorporation test from mining that the independent contractor was (1) IN GENERAL.—The amendments made by being abused, the bill limits the number of this section shall apply to services per- former employees that a service recipient not an employee and the service provider formed after the date of the enactment of may engage as independent contractors made the determination in good faith. The bill provides similar protection for this Act. under this test. The limitation is based on independent contractors who are notified by (2) DETERMINATIONS BY THE SECRETARY.— the number of people employed by the serv- the IRS that they should have been treated Section 3511(g) of the Internal Revenue Code ice recipient in the preceding year and is as an employee. of 1986 (as added by subsection (a)) shall equal to the greater of 10 persons or 3% of The protection against retroactive reclas- apply to determinations after the date of the the service recipient’s employees in the pre- sification is intended to remove some of the enactment of this Act. ceding year. For example, Business X has 500 uncertainty for businesses contracting with (3) SECTION 530(d).—The amendment made employees in 1998. In 1999 up to 15 employees independent contractors, especially those by subsection (b) shall apply to periods end- (the greater of 3% of Business X’s 1998 em- who must use the IRS’s 20-factor common ing after the date of the enactment of this ployees or 10 individuals) could incorporate law test. While the bill would prevent the Act. their own businesses and still have Business X as one of their initial clients. This limita- IRS from forcing a service recipient to treat an independent contractor as an employee INDEPENDENT CONTRACTOR SIMPLIFICATION tion would not affect the number of incor- for past years, the bill makes clear that a AND RELIEF ACT OF 1999—DESCRIPTION OF porated independent contractors who were service recipient or an independent con- PROVISIONS not former employees of the service recipi- tractor can still challenge the IRS’s prospec- The bill addresses the worker-classifica- ent or independent contractors meeting the tive reclassification of an independent con- tion issue (e.g., whether a worker is an em- general test. tractor through administrative or judicial ployee or an independent contractor) by cre- Additional Provisions: The new worker-clas- proceedings. ating a new section 3511 of the Internal Rev- sification rules also apply to three-party sit- enue Code. The new section will provide uations in which the independent contractor REPEAL OF SECTION 1706 OF THE REVENUE ACT straightforward rules for classifying workers is paid by a third party, such as a payroll OF 1978 and provide relief from the IRS’ reclassifica- company, rather than directly by the service The bill repeals section 530(d) of the Rev- tion of an independent contractor in certain recipient. The new worker-classification enue Act of 1978, which was added by section circumstances. The bill is designed to pro- rules, however, will not apply to a service re- 1706 of the Tax Reform Act of 1986. This pro- vide certainty for businesses that enter into cipient or a third-party payor if they do not vision precludes businesses that engage tech- independent-contractor relationships and comply with the existing reporting require- nical service providers (e.g., engineers, de- minimize the risk of huge tax bills for back ments and file 1099s for individuals who work signers, drafters, computer programmers, taxes, interest, and penalties if a worker is as independent contractors. A limited excep- systems analysts, and other similarly quali- misclassified after the parties have entered tion is provided for cases in which the failure fied individuals) in certain cases from apply- into an independent-contractor relationship to file a 1099 is due to reasonable cause and ing the reclassification protections under in good faith. not willful neglect. section 530. The bill is designed to level the

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1157 playing field for individuals in these profes- Mr. ABRAHAM, Mr. MCCONNELL, with the tobacco industry. After bearing all sions by providing the businesses that en- Mr. MCCAIN, Mr. LOTT, Mr. of the risks and expenses in the arduous ne- gage them with the same protections that LEAHY, Mr. SMITH of Oregon, gotiations and litigation necessary to have businesses using other types of independent proceeded with their lawsuit, states are now Mr. GORTON, Mrs. MURRAY, Mr. contractors have enjoyed for more than 20 entitled to all of the funds awarded to them years. ALLARD, Mr. BURNS, Mr. FRIST, in the tobacco settlement agreement with- EFFECTIVE DATES Mr. COCHRAN, Mr. CRAIG, Mr. out federal seizure. In general, the independent-contractor pro- BUNNING, Mr. KYL, Mr. LUGAR, We look forward to working with you and visions of the bill, including the new worker- Mr. INHOFE, Mr. HUTCHINSON, other Members of Congress to enact this leg- classification rules, will be effective for serv- Mr. MACK, Mrs. LINCOLN, Mr. islation and prevent federal seizure of state ices performed after the date of enactment of TORRICELLI, Mr. BAYH, Mr. tobacco settlement funds. the bill. The protection against retroactive MURKOWSKI, Mr. GRAMM, and Sincerely, reclassification will be effective for IRS de- THOMAS R. CARPER. Mr. THOMPSON): terminations after the date of enactment, MICHAEL O. LEAVITT. and the repeal of section 530(d) will be effec- S. 346. A bill to amend title XIX of the Social Security Act to prohibit the tive for periods ending after the date of en- NATIONAL CONFERENCE OF actment of the bill. recoupment of funds recovered by STATE LEGISLATURES, States from one or more tobacco manu- Washington, DC, February 1, 1999. By Mr. ALLARD: facturers; to the Committee on Fi- Hon. KAY BAILEY HUTCHISON, S. 345. A bill to amend the Animal nance. Russell Senate Office Building, Washington, Welfare Act to remove the limitation STATES RIGHTS PROTECTION ACT OF 1999 DC. that permits interstate movement of Mrs. HUTCHISON. Mr. President, I DEAR SENATOR HUTCHISON: On behalf of the live birds, for the purpose of fighting, am pleased to introduce this bill, along National Conference of State Legislatures (NCSL), I write in support of bipartisan leg- to States in which animal fighting is with 27 other cosponsors. The prime lawful; to the Committee on Agri- islation that Senator Bob Graham and you one is Senator BOB GRAHAM of Florida, culture, Nutrition, and Forestry. will soon introduce to ensure that states re- who has worked very hard with me tain all of their tobacco settlement funds. AMENDMENT TO ANIMAL WELFARE ACT over the last year to make sure that NCSL has made this legislation its top pri- Mr. ALLARD. Mr. President, today I the State tobacco settlements which ority for 1999. NCSL is very appreciative of am introducing a bill to amend the our States have worked so hard to the leadership you provided on this issue Animal Welfare Act to remove the lim- achieve will remain in control of the during the 105th Congress. I am grateful for itation that permits interstate move- your willingness to lead the way again in States because, in fact, the President’s ment of live birds for the purpose of 1999. The nation’s state legislators will work budget which was just released this fighting to States in which animal steadfastly with you and all of your Senate week assumes that it will still seize fighting is lawful. colleagues to ensure that this legislature is Currently, the Animal Welfare Act $18.9 billion of the State tobacco settle- enacted. makes it unlawful for any person to ment funds for Medicaid recoupment. It is through the sole efforts of states that Mr. President, that is just not right, the historic settlement of November 23, 1998 knowingly sponsor or exhibit an ani- and four prior individual state settlements mal in any animal fighting venture to and the bill I am introducing with Sen- ator GRAHAM of Florida, Senator GOR- were finalized. States initiated the suits that which the animal was moved in inter- led to the settlements without any assist- TON, and 26 others, on a bipartisan state or foreign commerce. This means ance from the federal government. States that if an animal crosses state lines basis, will keep that from happening. consumed their own resources and accepted and then fights in a state where cock- The bill is strongly supported by the all of the risks with their suits. Addition- fighting is not legal, that is a crime. National Governors’ Association, the ally, the November 23, 1998 agreement makes However, the law further states, ‘‘the National Association of Attorneys Gen- no mention of Medicaid, which is the pro- activities prohibited by such sub- eral, the National Conference of State gram cited by those who want to establish a Legislators, and several other groups. basis for seizing state tobacco settlement sections shall be unlawful with respect funds. It is clear to me that the federal gov- to fighting ventures involving live I ask unanimous consent that letters of support from these groups be printed ernment has no claim to these funds. I fully birds only if the fight is to take place appreciate, however, the need for clarifica- in a State where it would be in viola- in the RECORD. There being no objection, the letters tion that federal legislation would provide. tion of the laws thereof.’’ This means As you well know, states are no finalizing that the law applies to all animals in- were ordered to be printed in the the settlement, carrying out the terms of the volved in all types of fighting—except RECORD, as follows: accord and making final fiscal determina- for birds being transported for cock- NATIONAL GOVERNORS ASSOCIATION, tions about how to most responsibly apply fighting purposes to a state where Washington, DC, February 3, 1999. settlement funds to public health and other Hon. KAY BAILEY HUTCHISON, needs. Threats of recoupment and related un- cockfighting is still legal. Because of U.S. Senate, Washington, DC. certainties only compromise our ability to the loophole, law enforcement officers Hon. BOB GRAHAM, progress with finalizing the settlement and have a more difficult time prosecuting U.S. Senate, Washington, DC. working to reduce youth smoking, abating under their state cockfighting bans. DEAR SENATORS HUTCHISON AND GRAHAM: A youth access to tobacco products and ad- As introduced this legislation will major priority for the nation’s Governors dressing the economic impact of anticipated close the loophole on cockfighting, and during the 106th Congress is ensuring that reduced demand for tobacco products. Enact- prohibit interstate movement of birds state tobacco settlement funds are protected ment of your federal legislation would elimi- for the purpose of fighting from states from unwarranted seizure by the federal gov- nate these threats and permit states to move where cockfighting is illegal to states ernment. The Governors believe it is critical forward. where cockfighting is legal. This legis- that access to full, unencumbered I look forward to working closely with you recoupment protection be afforded to all to a successful and mutually acceptable res- lation will clarify that possession of olution of this issue. fighting birds in any of the 47 states states. We are pleased that you have intro- duced legislation to accomplish this goal. Sincerely, would then be illegal, as shipping them Your legislation would prohibit the federal DAN BLUE, out for cockfighting purposes would be government from attempting to recover a President, North Carolina House of illegal. staggering 57% of the entire settlement Representatives. I believe that my colleague from amount. states where cockfighting is illegal will Our states’ Attorneys General carefully NATIONAL ASSOCIATION OF benefit from this change because it will crafted the tobacco agreement to reflect ATTORNEYS GENERAL, make law enforcement easier. I also be- only state costs. Medicaid costs were not a Washington, DC, February 1, 1999. lieve that my colleagues from states or major issue in negotiating the settlement. In Hon. KAY BLILEY HUTCHISON, U.S. Senate, Washington, DC. territories where cockfighting is cur- fact, the final agreement reached by the At- torneys General on November 23, 1998 does DEAR SENATOR HUTCHISON: Your support at rently legal should not oppose this not mention Medicaid. Therefore, there is no the recent press conference for protecting change as it merely confines cock- legitimate federal claim on the settlement. the state tobacco settlements from seizure fighting to within that state’s borders. Without the states’ leadership and years of by the federal government was much appre- commitment to initiating state lawsuits, the ciated. On behalf of the Association, thank By Mrs. HUTCHISON (for herself, nation would not have achieved one of its you for your leadership early in the new ses- Mr. GRAHAM, Mr. VOINOVICH, major goals—a comprehensive settlement sion on this issue.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1158 CONGRESSIONAL RECORD — SENATE February 3, 1999 Building on the strong bipartisan support of the settlement. This money will directly I am happy to yield to Senator GOR- evidenced on January 21, we want to con- assist cities and towns in helping to pay for TON. tinue to work with you and your colleagues health care programs and costs. Other local The PRESIDING OFFICER. The Sen- on legislation that will ensure that the governments are currently working with ator from Washington. states retain all of their tobacco settlement their state legislatures to address uncompen- Mr. GORTON. Mr. President, the fed- funds. We hope this legislation will be en- sated costs related to tobacco illnesses and acted as early as possible in the 106th Con- to address local health care needs with set- eral government has done quite enough gress. tlement funds. to impede states efforts to recover Sincerely yours, The National League of Cities adopted a damages from and change the practices CHRISTINE O. GREGOIRE, resolution at the December 1998 Congress of of tobacco manufacturers. Though they Attorney General of Cities in Kansas City, Missouri, that address- asked, the state Attorneys General re- Washington. es municipal interests in the tobacco settle- ceived no help from the federal govern- BETTY MONTGOMERY, ment. A provision in the resolution states ment in their litigation. When, despite Attorney General of that any revenues received by states or mu- this, the states in mid-1997 proposed to Ohio. nicipalities from any settlement with the to- bacco industry should not be required to be settle their claims for almost $400 bil- NATIONAL ASSOCIATION OF COUNTIES, paid to the federal government for Medicaid/ lion and asked the Administration and Washington, DC, January 27, 1999. Medicare or any other program. Congress to codify the agreement, the Hon. KAY BAILEY HUTCHISON, We support the legislation introduced federal government instead blew it up Russell Building, Washington, DC. today, and your continued effort to protect by spending the states’ money, and DEAR SENATOR HUTCHISON: I am writing to the interest of our nation’s cities and towns. then some, on this Administration’s let you know that the National Association Sincerely, of Counties (NACo) strongly endorses the bill pet social projects. It was only through CLARENCE E. ANTHONY, the ingenuity, hard work, and unwav- to be introduced by you and Senator Bob NLC President and Mayor, South Bay, FL. Graham (D–FL) that would prevent the fed- ering perseverance of people like Wash- eral recoupment of states’ tobacco settle- Mrs. HUTCHISON. Mr. President, 46 ington state Attorney General Chris- ment funds. NACo is adamantly opposed to States reached a settlement last No- tine Gregoire that states were able to any attempt by the federal government to go vember which added them to the other take the tobacco manufacturers back after these funds and applauds the introduc- States that already had settled with to the table in late 1998 and obtain a tion of this straightforward, bipartisan legis- the tobacco companies, making every settlement agreement for $206 billion. lation. State in America now in a settlement Though it did none of the work, the The $206 billion settlement agreed to on with the tobacco companies. These November 23, 1998 by the state Attorneys Administration now wants to share in General and the major United States tobacco States have not just chosen to put the the reward. Using an old provision in companies settles more than 40 pending law- money that is coming in from the to- the Social Security Act, a provision suits. These lawsuits, which were initiated bacco settlement on Medicaid and that I understand was intended to per- by state and local governments with no as- health care issues. There are myriad mit federal Medicaid recoupment in sistance, in any form, from the federal gov- State issues that this money is going cases of fraud or over billing, the fed- ernment, were based on a variety of claims, to be used for. But that is in limbo eral government is now claiming over including consumer fraud, antitrust protec- today because the President has given 50% of the states’ settlement money. tions, conspiracy, and racketeering. In addi- notice that he is going to seize this tion, the state Attorneys General negotiated To exact what it claims is its share, the settlement to reflect only state costs and money from them. So everything is the Administration intends to withhold damages. Therefore, the federal govern- going to be held in abeyance until we Medicaid payments, payments that go ment’s claim that these settlement monies settle this issue once and for all. to the neediest residents of Washington represent Medicaid funds and should be re- That is what our bill will do. There is and other states. turned to federal coffers is simply not an ac- no reason—no reason whatsoever—that This is no idle threat: three days ago, curate portrayal of the settlement agree- we should take money from the Med- the President sent us a budget in which ment. The agreement does not claim to or icaid funds that go to the States which he spent $16 billion of the states’ set- intend to recover Medicaid costs. Attempts provide a safety net for the millions of by the federal government to claim these tlement money in the next five years. funds would likely result in lengthy and low-income and disabled Americans The President did indicate, however, costly legal battles between the states and who depend on Medicaid for their that he would relinquish this claim to the federal government and would not be a health care needs. We cannot allow the money for one year if states agree wise use of government resources. that to happen, and we will not. to spend the money as he and other NACo applauds your efforts and those of I intend to work with the cosponsors Washington, D.C. bureaucrats see fit. Senator Graham to protect these funds. We of this bill to find the first available This is just wrong. will continue to work to prevent the federal vehicle to attach it so that we can The bill that we are introducing recoupment of the states’ tobacco settlement make sure that this money that our monies, and we support this legislation. today rights this wrong. It allows Sincerely, States have worked alone to achieve, states to keep the monies they fought BETTY LOU WARD, with no help from the Federal Govern- for. No strings attached. The federal President. ment, will remain in their sole juris- government has not earned this money, diction; that they will be able to make and does not know better than states NATIONAL LEAGUE OF CITIES, the choices on what their States need how it should be spent. I urge my col- Washington, DC, February 3, 1999. and not have dictated to them by the leagues to join me and my friends from Hon. KAY BAILEY HUTCHISON, Federal Government what they will U.S. Senate, Washington, DC. Texas and Florida in seeing that this DEAR SENATOR HUTCHISON: On behalf of spend this money for. bill is passed this session. 135,000 cities and towns, I would like to ex- Many States—I was talking to Sen- Mrs. LINCOLN. Mr. President, I rise press the National League of Cities’ support ator ABRAHAM from the State of Michi- to join my colleagues in support of the for the legislation you are introducing today gan, and they are going to create schol- ‘‘States Rights Protection Act of 1999.’’ along with Senator Bob Graham that would arship funds for low-income students in I believe that states are entitled to re- prevent the federal government from taking Michigan, a very worthy cause. Other tain the tobacco funds that were a portion of state tobacco settlement reve- States are going to be doing education agreed upon under their settlement nues. If the federal government were able to take to try to encourage teenagers not to agreements. a portion of state settlement funds, cities smoke. We don’t want to substitute our These funds result from an historic and towns would bear the brunt of this loss. judgment for the judgment that the accord reached in November 1998 be- This could mean that local tobacco cessation States are making for their best and tween 46 states, U.S. Territories and programs and teenage smoking prevention most important priorities. commonwealths, the District of Colum- programs would not be funded and indigent So I am pleased to have the 28 co- bia, and tobacco industry representa- care costs would not be compensated. Cities sponsors of this bill. I think we will tives. State Attorneys General worked and towns are often the last means of de- pass it. I hope that we can do it quick- diligently to initiate and negotiate a fense in covering health care costs, particu- larly indigent care costs. ly so that these States will have the settlement with the tobacco industry. For example, California’s cities and coun- freedom to spend this money on the States are now in the midst of final- ties stand to receive half of the state’s share much needed programs in those States. izing the settlement, carrying out the

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1159 terms of the settlement agreement and spent countless hours and millions of remits the commensurate share back making fiscal decisions about how to dollars preparing to wage war against to the federal government. apply settlement funds to public health the tobacco industry in court—with no Essentially, the federal government and other needs. guarantee of success and with no as- is stating that the revenues from the Although the U.S. Department of sistance from anyone—including the lawsuits should be interpreted as Health and Human Services initially federal government. The State of Flor- ‘‘overpayments’’ made to medical pro- notified states in the fall of 1997 of its ida specifically asked the Federal Gov- viders by state Medicaid agencies—that intention to recoup the federal match ernment to assist us, to join in a joint the services rendered by these pro- from funds states received through the lawsuit. We the States will assume the viders to Medicaid beneficiaries should suits, citing a provision in existing responsibility of suing the tobacco in- not have been rendered under the stat- Medicaid law, it has suspended dustry for the Medicaid and other non- ute. recoupment activities. For this reason, specific medical program costs. The This logic is twisted and absurd. I join my Senate colleagues in intro- Federal Government will assume the The State lawsuits were not premised ducing this legislation to prohibit the responsibility for Medicare, the Vet- on a technical collections process—pro- federal government from trying to re- erans Administration, and other Fed- viders overbilling Medicaid. Rather, coup any funds from state governments eral health program costs. What was they were premised on the fact that recovered from tobacco companies as the response to that request for joint the tobacco industry defrauded the tax- part of their tobacco settlement or action? ‘‘Not interested.’’ payer, violated the State civil racket- from determining how these funds In fact, only after it became clear eering statutes, and subjected the tax- should be spent. that States were going to be successful payers to enormous smoking-related I strongly believe that each state in their lawsuits did the federal gov- illness costs. Further, as an example, Mr. Presi- should have the right to determine ernment become interested in the dent, the suit of the State of Iowa, where this money is needed and how it State settlements. which was premised on Medicaid, was is best spent. In my own state of Ar- And so the Health Care Financing thrown out of court, but Iowa is still 1 kansas, Governor Mike Huckabee has Administration sent collection notices of the 46 States which will receive their reached an agreement with the Speak- to States based on a twisted reading of share of the proceeds under the nation- er of the Arkansas House of Represent- an obscure provision in Medicaid law— wide settlement. atives, Bob Johnson, the President Pro section 1903(D) of the Social Security How could the Federal Government Tempore of the Arkansas Senate, Jay Act. lay any claim to Iowa’s proceeds based Bradford, and the Arkansas Attorney Mr. President, I ask unanimous con- on the overpayment provision in Med- General, Mark Pryor, regarding the use sent that a copy of a letter dated No- icaid since the court had specifically of this money solely for health-related vember 3, 1997, from Ms. Sally K. Rich- thrown out its suit based on Medicaid? purposes. Specifically, the settlement ardson, Director, Center for Medicaid The answer is, it cannot. funds will be used to prevent smoking and State Operations to the State Med- The legislation that Senator by young people, to treat tobacco re- icaid director of each of the 50 States HUTCHISON and my colleagues are in- lated illnesses, and to establish a foun- be printed in the RECORD immediately troducing today is simple. It clarifies dation to provide for continued funding after my remarks. that the overpayment provision does of these programs even when the to- The PRESIDING OFFICER. Without not apply to either the comprehensive bacco settlement money expires. I’m objection, it is so ordered. settlement agreed to in November of proud that my home state of Arkansas (See exhibit 1.) 1998, nor does it apply to any of the will use these funds towards such valu- Mr. GRAHAM. Mr. President, the fed- State settlements agreed to prior to able programs. eral government is attempting to col- the comprehensive settlement. I support the Arkansas state govern- lect almost $19 billion over 5 years, Here is what the bill will do. It will ment and all other state governments and, presumably almost $100 billion prevent the Federal Government from in retaining their tobacco settlement over the 25 year settlement agreement stifling important bipartisan public funds and exercising their authority to period, based on a little known provi- health initiatives which will be paid determine how the funds are spent. sion in Medicaid which was never in- for through the settlements. Mr. GRAHAM addressed the Chair. tended to apply to a lawsuit of this In my State of Florida, for instance, The PRESIDING OFFICER. The Sen- magnitude or character. our former colleague and good friend, ator from Florida. The regulations interpreting the Democratic Governor Lawton Chiles, PRIVILEGE OF THE FLOOR Statutory language of 1903(D) read as provided health insurance to over Mr. GRAHAM. Mr. President, I ask follows: 250,000 previously uninsured poor chil- unanimous consent that Mr. Matt Subpart F—Refunding of Federal Share of dren. Just 2 weeks ago, Florida’s new Barry of our staff be given floor privi- Medicaid Overpayments to Providers Governor, Republican Jeb Bush, an- leges for the remainder of the consider- This Subpart Implements Section 1903(d)(2) nounced the establishment of a $2 bil- ation of this issue during this session (C) and (D) of the Act, which provides that a lion endowment fund which will be of the Senate. State has 60 days from discovery of an over- named in honor of Governor Chiles. The PRESIDING OFFICER. Without payment for Medicaid services to recover or This fund will assure that the tobacco objection, it is so ordered. attempt to recover the overpayment from funds will be used exclusively for chil- Mr. GRAHAM. Thank you Mr. Presi- the provider. dren’s health, child welfare, and sen- dent. The regulation then goes on to define iors’ health programs. Mr. President, I rise today along with ‘‘overpayment’’: Overpayment means Mr. President, as you know, Florida Senator HUTCHISON and 21 original co- the amount paid by a Medicaid agency is not unique. Other States will be just sponsors—Republicans and Demo- to a provider which is in excess of the as innovative and be held to just as crats—to introduce legislation de- amount that is allowable for services high standards of accountability by signed to prevent the federal govern- furnished under section 1902 of the act. their citizens for the use of these to- ment from seizing the State settlement Mr. President, applying the provi- bacco settlement funds. It is important proceeds negotiated with the tobacco sions of this statute which was de- that States be given the green light to industry. signed to collect overpayments paid by move forward on important public Just over 1 year has passed since the a Medicaid State agency to a provider, health initiatives and to do so as soon State of Florida received an ominous to attempt to apply this provision to as possible. If we do not pass this legis- warning from the federal government the State tobacco lawsuits is absurd. lation, funds that could otherwise be which said in essence: ‘‘Prepare to This provision was intended and has spent on improving America’s health hand over half of your money or we been used to apply to billing errors will be tied up in litigation between will be prepared to withhold your Med- made by providers. States and the Federal Government for icaid funds.’’ As an example, if a State finds that a the foreseeable future. This action was a slap in the face to provider has over billed Medicaid, the So I urge my colleagues to join us in States like Florida—a State which State collects the overpayment, then this effort, to support this legislation,

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1160 CONGRESSIONAL RECORD — SENATE February 3, 1999 and I urge that it be adopted by this Members of the U.S. Senate will re- the States. I commend my fellow spon- Senate and by the Congress and signed call quite vividly that this chamber en- sors for their commitment to pre- by the President of the United States gaged in a lengthy, detailed debate on serving common-sense in government, at the earliest possible date. a national tobacco settlement bill last and urge my colleagues to approve this EXHIBIT 1 year. While those discussions proved legislation expediently and without CENTER FOR MEDICAID AND inconclusive, the States—on their compromise. STATE OPERATIONS, own—achieved much of what Congress Mr. MCCAIN. Mr. President, I am November 3, 1997. and the White House identified as pri- DEAR STATE MEDICAID DIRECTOR: A number pleased to be a co-sponsor of the orities through direct settlement States’ Rights Protection Act. This bill of States have settled suits against one or agreements with the tobacco compa- more tobacco companies to recoup costs in- will ensure that the states retain the nies. curred in treating tobacco-related illnesses. use of the settlement proceeds from the This letter describes the proper accounting As part of the comprehensive settle- ment with 46 states and the prior indi- tobacco litigation settlement an- and reporting for Federal Medicaid purposes nounced in November, 1998, as well as of amounts received from such settlements vidual State agreements, the tobacco that are subject to Section 1903(d) of the So- companies are required to take specific the prior settlements with Mississippi, cial Security Act. action to address public health con- Texas, Florida, and Minnesota. The bill As described in the statute, States must cerns regarding teen smoking. First, will entitle the states to keep all of the allocate from the amount of any Medicaid- they must fund a major anti-smoking money from the settlement, without related expenditure recovery ‘‘the pro-rata federal recoupment of a Medicaid share to which the United States (Federal advertising campaign to prevent youth government) is equitably entitled.’’ As with smoking and to educate consumers share. any recovery related to a Medicaid expendi- about tobacco-related illnesses. Sec- I believe this is the right thing to do ture, payments received should be reported ond, they must establish a charitable for several reasons. First, and fore- on the Quarterly Statement of Expenditures foundation to support the study of pro- most, the settlement was of litigation for the Medicaid Assistance Program (HCFA– grams to reduce teen smoking and sub- 64) for the quarter in which they are re- initiated and pursued by the states. ceived. Specifically, these receipts should be stance abuse. Third, the settlement The President announced in his State reported on the Form HCFA–64 Summary prohibits tobacco advertising that may of the Union address that the Depart- Sheet, Line 9E. This line is reserved for spe- target youth, like the commercial use ment of Justice will be filing an action cial collections. The Federal share should be of cartoon characters like ‘‘Joe Camel’’ on behalf of the United States against calculated using the current Federal Med- and outdoor advertising such as bill- the tobacco companies. This is the icaid Assistance Percentage. Please note board, stadium and transit ads as well right way for federal claims to be ad- that settlement payments represent a credit as tobacco sponsorship of sporting and applicable to the Medicaid program whether dressed, rather than taking this hard- or not the monies are received directly by cultural events. In addition, the States fought, negotiated money from the the State Medicaid agency. States that have have plans to spend their tobacco set- states. previously reported receipts from tobacco tlement funds for advancing the public Second, not all of the states raised litigation settlements must continue to re- health and welfare. port settlement payments as they are re- Much to the dismay of the nation’s Medicaid claims in their lawsuits. The ceived. governors and state legislators, instead courts dismissed the Medicaid claims State administrative costs incurred in pur- of receiving a commendation from the in other cases. Thus, in some states, suit of Medicaid cost recoveries from tobacco the federal government is not truly en- firms qualify for the normal 50 percent Fed- President for a job well done, they got a multi-billion dollar collection notice. titled to share in the settlement pro- eral financial participation (FFP). They ceeds. Allowing recoupment from some should be reported on the Form HCFA–64.10, Despite the fact that the States filed Line 14 (Other Financial Participation). lawsuits asserting a number of non- of the states, but not all of the states, Only Medicaid-related expenditure recov- Medicaid claims, the Clinton Adminis- will lead to disparate and unfair re- eries are subject to the Federal share re- tration argues that every state who sults. quirement. To the extent that some non- Medicaid expenditures and/or recoveries were agreed to the $206 billion settlement Finally, federal and state govern- also included in the underlying lawsuits, should fork over from 50 to 79 percent ments alike share in the goal of ad- HCFA will accept a justifiable allocation re- of their share to the federal govern- dressing public health needs. It is not flecting the Medicaid portion of the recov- ment—including states like Kentucky necessary that this goal only be accom- ery, as long as the State provides necessary who didn’t even file a lawsuit but plished through federally mandated documentation to support a proposed alloca- joined the settlement. As such, the programs. The states’ settlement also tion. Under current law, tobacco settlement re- President’s FY 2000 budget states that includes funding for counter-adver- coveries must be treated like any other Med- the federal government has the right to tising and cessation efforts. These ef- icaid recoveries. We recognize that Congress withhold at least $16 billion Medicaid forts may be complemented by federal will consider the treatment of tobacco set- dollars from the States over the next programs, but do not need to be dupli- tlements in the context of any comprehen- five years. cated simply to give the federal gov- sive tobacco legislation next year. Given the Simply put, Mr. President, this bogus ernment an excuse to spend money. In States’ role in initiating tobacco lawsuits claim will deny Kentucky’s most needy and in financing Medicaid programs, States addition, many states have other exist- citizens over $2.4 billion in Medicaid ing public health programs related to will, of course, have an important voice in funds over the term of the settlement the development of such legislation, includ- tobacco use or children’s health on the ing the allocation of any resulting revenues. agreement. I cannot excuse the funda- books. The federal government does The Administration will work closely with mental conflict created by an Adminis- not need to attempt to duplicate those States during this legislative process as tration that claims it is fighting for programs through federal mandates. these issues are decided. the health of our children while it If you would like to discuss the appro- Most importantly, I am confident that gobbles up the money specifically des- the state will spend their settlement priate reporting of recoveries with HCFA, ignated for them. This effort to hold please call David McNally of my staff at (410) money wisely and in the best interests 786–3292 to arrange for a meeting or con- state Medicaid programs hostage in ex- of their citizens. These decisions are versation. We look forward to providing any change for federal strings on how the best reached through discussion and assistance needed in meeting a State’s Med- States spend their own money is intol- consensus reached at the state and icaid obligation. erable and unacceptable. local levels. Sincerely, Unlike the Administration, I believe SALLY K. RICHARDSON, all wisdom does not reside in Wash- I regret that Congress was unwilling Director. ington. It’s clear to me that our state’s to accept the opportunity presented to Mr. MCCONNELL. Mr. President, I elected officials are in a better position us with the 1997 proposed settlement rise today to join my esteemed col- to determine Kentucky’s needs than a agreement. Comprehensive legislation leagues—Senators HUTCHISON, GRAHAM, federal bureaucrat sitting 600 miles would have benefited the nation by ad- VOINOVICH, ABRAHAM, and others—in away in Washington. I am proud to dressing kids smoking and limiting the sponsoring legislation to protect the serve as an original sponsor to this leg- excessive attorney’s fees paid in these States’ tobacco settlement funds from islation which makes clear that the cases. Nevertheless, I applaud the At- the Clinton Administration’s spurious federal government has no claim to the torneys General for reaching settle- recoupment claims. tobacco settlement funds attained by ment of their litigation and for the

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1161 public health advances they have made I commend them all for their diligence tures to have that same flexibility to in the settlement agreement. They on behalf of the public. use their settlement funds in whatever have ensured a win for every state, When tobacco companies were fight- way they deem is best for their citi- without years of litigation and varied ing any and all lawsuits against them, zens. the State Attorneys General pursued results. They have ensured an end to In the final analysis, I trust the peo- their legal challenges against great Joe Camel on billbroads throughout ple of Vermont and the other 49 States odds. Men and women whose lives were the country. They have established a to determine how best to use their to- cut short by cancer and other adverse mechanism to police advertising. They bacco settlement funds. I look forward have achieved more in this joint settle- health consequences from tobacco de- to working with my colleagues as Con- ment than any one state could have served better treatment than the years gress moves forward on legislation to achieved alone with a court verdict. of obstruction and denial by the to- I thank my colleague, Senator bacco industry. Only now as the inter- ensure that the interests of Vermont HUTCHISON, for introducing this bill, nal documents are being disclosed and and the other States are protected in and am pleased to join with so many the legal tide is beginning to turn have the multi-state tobacco settlement. other distinguished friends in spon- tobacco companies decided to change Mr. BAYH. Mr. President, I rise soring this important piece of states’ their strategy and pursue settlements. today as an original cosponsor of the rights legislation. The tobacco industry did not agreed to State tobacco settlement protection Mr. LEAHY. Mr. President, I am these settlements out of some new bill, a bill to protect state tobacco set- pleased to join Senator HUTCHISON and found sense of public duty. The truth is tlement funds from seizure by the fed- Senator GRAHAM and a bipartisan that giant tobacco corporations came eral government. I want to thank Sen- group of my colleagues to introduce to the bargaining table only after they ators HUTCHISON and GRAHAM for their legislation to prohibit the Federal gov- realized that they might lose in court. leadership on this issue. I stand today ernment from recouping any part of In my home state, General Sorrell for fiscal responsibility, local control the multi-state settlement between the took the financial and legal risks in and fairness. I stand today to protect tobacco industry and the State Attor- bringing suit against the tobacco in- our children’s health, to assist those neys General. dustry on behalf of the people of who have become addicted to tobacco. To the surprise of many state offi- Vermont. General Sorrell and his legal cials, the Health Care Financing Ad- team put together a powerful case in This is really about fairness. Is it fair ministration has threatened to seek re- support of the public health of all for the federal government, having sat imbursement for its share of Medicaid Vermonters. General Sorrell did this on the sidelines during this uphill bat- costs for treating tobacco-related dis- without any assistance from the Fed- tle against Big Tobacco, to come in eases from the multi-state tobacco set- eral government. As a result, the peo- after the fact and claim a large share tlement. In other words, the Federal ple of Vermont deserve the full amount of the victory? If nothing else, this government may want to take more of their tobacco settlement. proves the old adage that victory has than half of the total multi-state set- If the Federal government wants to many parents, while defeat is an or- tlement based on the federal share of recover its costs for tobacco-related phan. Medicaid, which is approximately 60 diseases, the appropriate avenue to do I have said repeatedly that the fed- percent of total Medicaid costs. that is a Federal lawsuit. Indeed, Presi- eral government does not have all the For my home State of Vermont, that dent Clinton announced during the re- answers. Much of what has gone right means the Federal government may cent State Of The Union address that in this country in the last several try to take more than $15 million an- the Department of Justice is planning years is a direct result of moving deci- nually out of Vermont’s share of the litigation against the tobacco industry. sions and power out of this city and settlement. Vermont Attorney General I applaud the President and Attorney into small towns and communities. I William Sorrell settled with the to- General Reno for pursuing legal action came to Washington to stand up for bacco industry for more than $800 mil- against the tobacco industry so that what is right, to protect Indiana’s val- lion to be distributed over the next 25 the Federal government may recoup its years. But now the Federal government ues, and to speak up when the federal costs for tobacco-related diseases. That government oversteps its bounds. may seek more than $400 million of is the proper approach for the Federal Vermont’s tobacco settlement for its government. Does the federal government have a own use. The multi-state tobacco settlement right to take more than 60% of Indi- Washington State Attorney General provides an historic opportunity to im- ana’s tobacco settlement to spend on Christine Gregoire, one of the lead at- prove the public health in Vermont and federal priorities? Absolutely not. Indi- torneys generals in the settlement ne- across the nation. I believe that the ana’s share of the settlement is $4 bil- gotiations with the tobacco industry, States, not the Federal government, lion over 25 years, but the federal gov- recently stated: ‘‘These lawsuits were are in the best position to determine ernment’s claim could take two and a brought by the States based on viola- their public health needs. Our bipar- half billion away. While the President’s tions by the industry of state laws. The tisan bill grants the States that flexi- budget acknowledges the difficulty in settlement was won by the states with- bility by permitting each state to use collecting this money in the coming out any assistance from Congress or its settlement payments in whatever fiscal year, I am disappointed they the Administration. As far as we are way that state deems best. have laid claim to a substantial share concerned the States did all the work That is why the National Governors of state settlement funds in their budg- and are entitled to every dollar of their Association, National Association of et for use on federal discretionary pro- allocated share to invest in the future Attorneys General, National Con- grams in years to come. The fiscally health care of their citizens.’’ I could ference of State Legislatures, National responsible approach is to ensure this not agree more with General Gregoire. Association of Counties, National money is spent wisely at the local The States, not the Federal govern- League of Cities, and U.S. Conference level, not to allow it to be dumped into ment, deserve the full amount of their of Mayors support our bipartisan legis- the black pit of the federal bureauc- settlements because the States and lation. In my home state, our bipar- racy in Washington. their Attorneys General took the risks tisan bill is supported by Governor Indiana began this fight to protect in bringing the novel lawsuits against Dean, Attorney General Sorrell, the our kids from the dangers of an addict- Big Tobacco. Without the willingness Vermont Health Access Oversight Com- ive, life-threatening habit. The State of the State Attorneys General acting mittee, and the Vermont Association fought a lonely battle, without any fed- on behalf of the citizens of their states of Hospitals and Health Systems. and taking significant financial and I want Governor Dean and the eral assistance and invested consider- professional risks and pursuing these Vermont legislature to have the flexi- able resources in prosecuting this case. matters so diligently, we would not bility to use Vermont’s settlement The Governor of Indiana, Frank have any legal settlements by the to- funds in whatever way they deem is O’Bannon, is in the planning stages for bacco industry. These State Attorneys best for the public health of using this money to improve public General deserve our gratitude and our Vermonters. It is only fair for the health, promote teen smoking ces- respect for their extraordinary efforts. other 49 Governors and state legisla- sation programs and children’s health

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1162 CONGRESSIONAL RECORD — SENATE February 3, 1999 care, the purposes originally outlined ated the BWCA. Many in our state feel islation was incorporated into a more in the lawsuit. But with more than 60% that if it weren’t for Senator Hum- comprehensive financial regulatory re- of the funds at risk it is hard to sketch phrey’s tireless commitment, there lief bill that was unanimously reported out a reliable plan. would be no wilderness system and no out of the Senate Committee on Bank- The confrontation between states BWCA. Senator Humphrey worked ing, Housing, and Urban Affairs. We and the federal government that would closely with the people of Northern fully expect it will be enacted into law result from an attempt by the Health Minnesota to win their trust and gain during this Congress. Care Financing Administration to take their acceptance of a federally des- Passage of this bill will remove one these state settlement funds would ignated wilderness area—one that of the last vestiges of an obsolete inter- only hurt the people in each of our would surely change the way they re- est rate control system. Abolishing the states. It would tie us up in needless created and the way they lived. In fact, statutory requirement that prohibits court actions over who has the legal Senator Humphrey’s legislation was incorporated businesses from owning right to these funds. That is wasted very controversial and took several interest bearing checking accounts will time. While the courts decide what to years to complete. Last year’s passage provide America’s small business own- do with the funds, we lose the oppor- of legislation to restore two motorized ers, farmers, and farm cooperatives tunity to cover uninsured children, portages in the BWCA was consistent with a funds management tool that is start anti-smoking campaigns and im- with both Senator Humphrey’s vision long overdue. Passage of this bill will ensure Amer- prove the lives of Hoosiers and the peo- for the BWCA and his promises to the ica’s entrepreneurs can compete effec- ple in all our states. people of northern Minnesota. Through Mr. President, I hope all my col- tively with larger businesses. My expe- his dedication and willingness to ad- rience as a businessman has shown me, leagues become a part of this bipar- dress the concerns of everyone, we now firsthand, that it’s extremely impor- tisan coalition. I hope we can all— have a wilderness system that is the tant for anyone trying to maximize Democrats and Republicans, States and envy of the world. profits to be able to invest funds wisely the federal government—work together Through Senator Humphrey’s hard for maximum efficiencies. Let me to ensure these funds are used in the work and dedication to the National quote from a December, 1997 letter I re- states to improve health, deter smok- Wilderness Preservation System, ceived from a constituent, Mary Jo ing and educate kids about the dangers Americans today have countless pro- Bousek. Mary Jo owns a commercial of this addiction. I look forward to tected wilderness areas throughout property company. She writes: working to pass this very important this country in which they can experi- ‘‘I was very pleased to see that you spon- legislation this year. ence nature as it was 50, 75, or 100 years sored a bill to allow banks to pay interest on ago, knowing with certainty that these checking accounts for partnerships and cor- By Mr. GRAMS: precious areas will be left intact for porations. When we changed our rental prop- S. 347. A bill to redesignate the generations to come. erties from a sole proprietorship to a Lim- Boundary Waters Canoe Area Wilder- Senator Humphrey’s vision endures ited Liability Company, we suddenly began ness, Minnesota, as the ‘‘Hubert H. to this very day, and Minnesotans are losing about $1500 a year in interest on our Humphrey Boundary Waters Canoe bank account. This seems totally unreason- proud to claim the BWCA, one of the able and unfair.’’ Area Wilderness’’; to the Committee on nation’s true national treasures, as our Energy and Natural Resources. Mary Jo is right. It is unfair. own. Boy Scouts wait every year for During President Ronald Reagan’s HUBERT H. HUMPHREY BOUNDARY WATERS their trip into the Boundary Waters. first term, one of his early actions was CANOE AREA WILDERNESS Families know that every summer they Mr. GRAMS. Mr. President, I rise to abolish many provisions of the anti- can get away from their jobs, their quated interest rate control system the today to introduce legislation to re- studies, their cars and their phone, and banking system was required to use. name the Boundary Waters Canoe Area enjoy at least a few days of peace and With this change to the laws, Ameri- Wilderness (BWCA) in Minnesota and quiet. And elderly folks know that cans were finally able to earn interest in doing so, salute the father of our Na- their favorite fishing hole is still a on their checking accounts deposited tion’s wilderness system, the late Sen- fishing hole and still accessible for in banks. Unfortunately, one aspect of ator from Minnesota and Vice Presi- them and their grandchildren. the old system left untouched by the dent, Hubert H. Humphrey. My bill Like Paul Bunyan, lutefisk, and our change in law was not allowing Amer- would redesignate the BWCA as ‘‘The State Fair, the Boundary Waters is ica’s businesses to share in the good Hubert Humphrey Boundary Waters something uniquely Minnesotan and fortune. Canoe Area Wilderness.’’ uniquely identifiable as our own across Complicating matters is the growing Mr. President, my home state is the country. It is for that reason that impact of nonbanking institutions that known for a number of things uniquely I believe it should bear the name of the offer deposit-like money accounts to Minnesotan. If you’ve seen the movie father of the Wilderness system and be individuals and corporations alike. ‘‘Grumpy Old Men’’ you’re aware of our redesignated, ‘‘The Hubert H. Hum- Large brokerage firms have long of- love of ice fishing. If you’ve flown into phrey Boundary Waters Canoe Area fered interest on deposit accounts they Minneapolis, you’ve seen the Mall of Wilderness.’’ maintain for their customers. This America. If you watched the national places these firms at an advantage over weather maps, you’ve seen our By Mr. HAGEL (for himself and community banks that can’t offer their bonechilling winter temperatures. And Mr. REED): corporate customers interest on their our new Governor—well, we are proud S. 349. A bill to allow depository in- checking accounts. to say that he is uniquely Minnesotan stitutions to offer negotiable order of While I support business innovation, as well. But if you’ve ever visited one withdrawal accounts to all businesses, I don’t believe it’s fair when any busi- of our Nation’s wilderness areas, you to repeal the prohibition on the pay- ness gains a competitive edge over an- would not necessarily have realized ment of interest on demand deposits, other due to government interference that its creation was due in large part and for other purposes, to the Com- through overregulation. This is exactly to another uniquely Minnesotan indi- mittee on Banking, Housing, and the case we have with banking laws vidual, Senator Hubert H. Humphrey. Urban Affairs. that stifle bankers, especially Amer- In the early 1960s, right here in these THE SMALL BUSINESS BANKING ACT OF 1999 ica’s small community bankers, and halls and in this Chamber, then-Sen- Mr. HAGEL. Mr. President, I rise give an edge to another segment of the ator Humphrey lead the charge in help- today to introduce the Small Business financial community. The Small Busi- ing Congress recognize the wisdom of Banking Act of 1999. I am again joined ness Banking Act of 1999 seeks to cor- creating a wilderness preservation sys- in the effort by my distinguished col- rect this imbalance and allow commu- tem in the United States. Senator league Senator REED of Rhode Island, nity banks to compete fairly with bro- Humphrey, as a member of the Senate who is the principal cosponsor of this kerage firms. Committee on Agriculture and For- important legislation. I’m pleased to say our bill has the estry, authored the 1964 Wilderness We originally introduced this legisla- strong support of America’s Commu- Preservation Act, and by doing so, cre- tion during the last Congress. This leg- nity Bankers, the National Federation

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1163 of Independent Businesses, the U.S. high and most small businesses do not spotty coverage. My offices and those Chamber of Commerce, and the Amer- have a large enough deposit base to offices of my colleagues in the Senate ican Farm Bureau Federation. This bill justify the administrative costs. no doubt have received thousands of has the support of many of the banks, In light of these developments, it has complaints regarding access to care, thrifts, and small businesses in my become clear that the prohibition on unpaid bills, inadequate providers and home state of Nebraska. These impor- interest-bearing commercial accounts difficulties with claims. tant organizations represent a cross- is nothing more than a relic of the De- For their part, the doctors who par- current of the type of support Senator pression-era that has effectively dis- ticipate in TRICARE complain about a REED and I have for our bill. Senator advantaged small businesses and small host of administrative problems in- REED and I also have the support of the banks, and led large banks to dedicate cluding delayed payments and a very Federal banking regulators. In their significant resources to circumventing cumbersome claims process. Many doc- 1996 Joint Report, ‘‘Streamlining of the prohibition. I am, therefore, tors have simply left the program, and Regulatory Requirements’’, the Board pleased to cosponsor this legislation in some locations, there are simply no of Governors of the Federal Reserve that will eliminate this prohibition and providers at all in certain specialties. System, the Federal Deposit Insurance level the playing field for small banks This is unacceptable. Corporation, the Office of the Comp- and small business. Mr. President, I am introducing this troller of the Currency, and the Office Mr. President, as we move into a new bill to improve the health care benefits of Thrift Supervision, stated they be- millennium, I think it appropriate that under the TRICARE program by ensur- lieve the statutory prohibition against we eliminate this vestige of the early ing that the health care and dental payment of interest on business check- twentieth century that is no longer coverage available under TRICARE is ing accounts no longer serves a public useful and is indeed burdensome. substantially similar to the health care purpose. I heartily agree. By Mrs. HUTCHISON: coverage and dental care coverage Mr. President, this is a straight- S. 350. A bill to amend title 10, available under the Federal Employees forward bill that will do away with an United States Code, to improve the Health Benefits program. This bill will: unnecessary regulation that burdens health care benefits under the Raise reimbursement levels for American business. I urge my col- TRICARE program and otherwise im- TRICARE, the military health-care de- leagues to support it. prove that program, and for other pur- livery system, to attract and retain Mr. REED. Mr. President, I am poses; to the Committee on Armed more participating doctors to the pro- pleased to join my colleague Senator Services. gram. HAGEL in introducing the Small Busi- Expedite and reduce the costs of THE MILITARY HEALTH CARE IMPROVEMENT ACT ness Banking Act of 1999, legislation OF 1999 TRICARE claims processing, which has that eliminates a Depression-era fed- Mrs. HUTCHISON. Mr. President, been a thorn in the side of both bene- eral law prohibiting banks from paying today I am introducing the Military ficiaries and providers. interest on commercial checking ac- Health Care Improvement Act of 1999. Require portability of benefits be- counts. Last year, I cosponsored a This bill is a first step to reform the tween regions. This would make it similar bill with Senator HAGEL that military health care system known as easier for military personnel and their was incorporated into a financial insti- TRICARE. We are trying to recruit and families to receive health care benefits tutions regulatory relief bill which retain the best people for our nation’s when they travel to different regions. passed the Banking Committee. military. To do this, we must pay them Minimize the cumbersome pre-au- The prohibition against the payment better, maintain good retirement bene- thorization requirements for access to of interest on commercial accounts was fits and improve the health care we care. originally part of a broad prohibition provide them and their families. Mr. President. This bill will help on the payment of interest on any de- Mr. President, there is a growing per- break down the bureaucracy that ex- posit account. At the time of enact- ception among active duty military, ists in the current system. There is no ment in 1933, it was the popular view their dependents and military retirees single solution to this problem, but we that payment of interest on deposits that the military health care benefit is must begin now to ensure we honor our created an incentive for rural banks to no longer much of a benefit. We have commitments. This is a critical issue shift excess deposits to urban money not done a very good job of keeping the to recruiting and retaining qualified center banks which made loans that promise the government made to mili- people in the military—which is crit- fueled speculation. Moreover, it was tary personnel: That in return for their ical to the security of our country. believed that such transfers created li- service and sacrifices, the government I am pleased to be joined in this ef- quidity crises in rural communities. will provide health care to active-duty fort by Senators ALLARD and HAGEL However, a number of changes in the members and their families even after and look forward to working with my banking system since enactment of the they retire. In the past 10 years, the colleagues to keep the promise and im- prohibition have called into question military has downsized by over one- prove the military health care system. its usefulness. third, and the military health care sys- First, with the passage of the Deposi- tem has downsized by one-third as well. By Mr. GRAMS (for himself, Mr. tory Institutions Deregulatory and While hospitals have been closed as a JOHNSON, Mr. SESSIONS, and Mr. Monetary Control Act of 1980, Congress result of BRAC or downsized in the BENNETT): allowed financial institutions to offer past decade, the number of personnel S. 351. A bill to provide that certain interest-bearing accounts to individ- that rely on the military and the mili- Federal property shall be made avail- uals—a change which has not adversely tary health care system has remained able to States for State and local orga- affected safety and soundness. Second, constant. Today, our armed forces have nization use before being made avail- many banks have developed complex more married service members with able to other entities, and for other mechanisms called sweep accounts to families than ever before. In addition, purposes; to the Committee on the Ju- circumvent the interest rate prohibi- those who have served and are now re- diciary. tion. Because of the costs associated tired were promised quality health care TAXPAYER OVERSIGHT OF SURPLUS PROPERTY with developing sweep accounts, large as well. ACT banks have become the primary In place of the promise, these indi- Mr. GRAMS. Mr. President, I rise offerors of these accounts. As a result, viduals and families have been given, today to introduce the Taxpayer Over- many smaller banks are at a competi- instead, a system called ‘‘TRICARE.’’ sight of Surplus Property Act. I am tive disadvantage with larger banks TRICARE is not health care coverage, pleased that Congressman JOHN PETER- which can offer their commercial de- but a health care delivery system that SON of Pennsylvania will soon intro- positors interest-bearing accounts. provides varying levels of benefits de- duce companion legislation in the Most importantly, the vast majority of pending largely on where a member of House of Representatives. small businesses cannot afford to uti- the military or a retiree lives. Among the many programs adminis- lize sweep accounts because the cost of Unfortunately, what we find is that tered by hundreds of federal agencies, opening these accounts is relatively the TRICARE program often provides there are some initiatives that depend

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1164 CONGRESSIONAL RECORD — SENATE February 3, 1999 upon the active involvement of both who suffered through the 1997 Midwest State Department between fiscal years the federal government and the states floods are gratified to have received 1987 through 1997 before GSA had been in order to ensure the wisest use of tax- over $3.7 million worth of federal sur- given an opportunity to review the payer dollars and meet the needs of the plus property to assist flood relief ef- property and make it available for do- American people. One such effective forts during that horrible time. nation to the states. partnership involves the distribution of Quite simply, the donation program Mr. President, I understand that federal surplus personal property to has provided taxpayers with the equip- some officials may argue that the Hu- states and local organizations. ment, supplies and material used to manitarian Assistance Program is an In 1976, President Ford signed legisla- educate our children, maintain roads important part of our nation’s foreign tion which established the current sys- and streets, keep utility rates reason- assistance efforts. Many foreign coun- tem for the fair and equitable donation able, train the workers of tomorrow, tries and organizations clearly have of federal surplus personal property. protect families from crime, provide benefited from nonlethal Department Personal property declared ‘‘surplus’’ needed relief during natural disasters, of Defense excess property finance by consists of items other than land or and treat the health of our nation’s American taxpayers. Although I have real property, naval vessels, and sick and needy. In fact, the original ac- serious concerns about this initiative, records of the federal government. This quisition value of property distributed my legislation does not eliminate the includes office supplies, furniture, med- through the state agencies for surplus Humanitarian Assistance Program. ical supplies, hardware, motor vehicles, property totaled over $1.5 billion be- However, I believe we must prioritize boats, airplanes, and construction tween fiscal years 1995 through 1997. the needs of disaster victims in Min- equipment. Because of the importance my con- nesota, rural hospitals in Arkansas, po- Under the federal personal property stituents place upon the availability of lice departments in Washington state, utilization and donation program, the this property, I am very concerned school districts in Idaho, homeless as- General Services Administration is re- about current programs which limit sistance providers in Florida, and other sponsible for the transfer of federal the donation of property to the states. communities and organizations which surplus personal property to the states. My concern is based in part upon com- have invested their tax dollars in gov- Each state agency for surplus property ments expressed to me by constituents ernment property and the donation receives the transfer of property and such as Mayor Richard Nelson of War- program. For these reasons, I oppose distributes these items to eligible re- ren, Minnesota. the continued priority status granted cipients. Property that is not selected Mayor Nelson recently wrote, to foreign recipients under programs by the states is offered for sale to the When we inquired about the shortage of such as the Humanitarian Assistance general public. Importantly, the inter- heavy equipment we were told that a large Program. ests of the American taxpayers guide majority of that equipment is shipped over- Second, my bill would amend the this entire process. seas to other countries for humanitarian aid. Foreign Assistance Act of 1961 to pro- Mr. President, there are close to I feel that our taxes paid for this equipment hibit the transfer of Government- and it seems only fair that we should have 70,000 recipients of federal surplus prop- the first opportunity to benefit from it. owned excess property to foreign coun- erty located throughout the United Being the mayor of a community that has tries or international organizations for States. Each day, cities, counties, In- suffered from four floods within two years, I environmental protection activities in dian tribes, hospitals, schools, and pub- believe that we have unmet needs in this foreign countries unless GSA deter- lic safety agencies are among the pub- country that need to be addressed before we mined that there is no federal or state lic and nonprofit organizations that can look at any outside interests. use for the property. look toward the state agencies for sur- Mr. President, Mayor Nelson’s con- Third, this legislation would require plus property to help meet their needs. cerns go to the heart of the legislation GSA to report to Congress on the effec- Last April, I had the opportunity to that I am introducing today. I believe tiveness of all statutes relating to the visit the Minnesota surplus property that the volume of distributed federal disposal and donation of personal prop- agency, where I was joined by the lieu- surplus property would increase if the erty and recommend any changes that tenant governor, the executive director intent of Congress when it passed the would further improve the Donation of the Minnesota Sheriffs Association, 1976 reforms was more closely followed. Program. and the commissioner of the state De- If Congress continues to allow sur- Mr. President, my bill is based on the partment of Corrections. While there, I plus federal property to go abroad, or principle that eligible recipients should quickly became more familiar with the not make its way through proper chan- be able to maximize their tax dollars success of the donation program nels to eligible recipients, taxpayers through expendable federal property throughout Minnesota. I am very con- such as those in the community of that meets their needs. It takes an im- fident that my Senate colleagues will Warren will stand to lose. As someone portant step toward stopping publicly- find that the donation program has who has always worked to ensure the owned property from being shipped achieved a comparable level of success wisest possible use of taxpayer dollars, abroad and given to other organiza- in each of their states. this gives me great concern. The legis- tions before it is distributed through In fiscal year 1997, the Minnesota sur- lation I am introducing will help to ad- each state agency for surplus property. plus property agency donated equip- dress these concerns through the fol- My legislation will fulfill the public’s ment and supplies with an original fed- lowing provisions. right to know how and where their tax eral acquisition cost of $7.7 million to First, this measure would ensure dollars are being spent. In many ways, 1,700 eligible recipients, saving pre- that when distributing surplus federal it will serve as the second phase of the cious tax dollars if these items had personal property, domestic needs are reforms overwhelmingly passed by Con- been purchased new or on the open met before we consider foreign inter- gress in 1976, by preserving the active market. I was impressed to learn that ests. It would, however, grant the role of states in the handling and dis- 414 cities, 80 medical institutions, 19 President the authority to make sup- tribution of surplus federal property. museums, 237 public schools, 110 coun- plies available for humanitarian relief Members of Congress and state and ty entities, 160 State agencies, and 353 purposes before going to the states, in local officials all have an obligation to townships are among the active par- the case of emergencies or natural dis- see that the government distributes ticipants in the donation program. asters. this property fairly and equitably, en- Equally impressive is how effectively Under the Humanitarian Assistance suring accountability to the taxpayers. the state agencies for surplus property Program (HAP), the Secretary of De- Too often, federal agencies forget that and the GSA have worked together to fense is permitted to make nonlethal the owners of this property are the respond quickly and efficiently during Department of Defense supplies avail- American people—the federal govern- times of natural disasters. Together able by the State Department to for- ment is merely its public custodian. they have successfully identified and eign countries as part of humanitarian Mr. President, the best interests of transported sandbags, blankets, cots, relief activities. I was disturbed to America’s taxpayers have always been tools, trucks and other items to dis- learn that over $1 billion worth of ex- at the top of my agenda. I look forward aster sites. I know that Minnesotans cess supplies was made available to the to improving Congressional oversight

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1165 of government property and securing cluded when proposed actions are being cy that ran roughshod over the local passage of this legislation during the taken on federal lands in their state. government in the NEPA process. 106th Congress. Too often, federal land managers are Rather than legislating that Federal more concerned about the comments of agencies must work with the local gov- By Mr. THOMAS (for himself, Mr. environmental organizations located in ernments on a case-by-case basis, this NICKLES, Mr. CRAIG, Mr. HELMS, Washington, D.C. or New York City bill would provide the opportunity to Mr. CRAPO, Mr. GRAMS, and Mr. than the people who actually live in fix a problem that has arisen with the ENZI): the state where the proposed action original NEPA legislation. S. 352. A bill to amend the National will take place. This is wrong. The con- Mr. GRAMS. Mr. President, I rise Environmental Policy Act of 1969 to re- cerns, comments and input of state and today in support of the State and Local quire that Federal agencies consult local communities is vital for the prop- Government Participation Act of 1999. with State agencies and county and er management of federal lands in the I would like to thank Senator THOMAS local governments on environmental West. The State and Local Government for introducing this simple, but very impact statements; to the Committee Participation Act of 1999 will begin to important piece of legislation. on Environmental and Public Works. address this troubling problem and As Senator THOMAS said in his intro- STATE AND LOCAL GOVERNMENT PARTICIPATION guarantee that local folks will be in- ductory remarks, this legislation ACT OF 1999 volved in proposed decision that will would make state and county govern- Mr. THOMAS. Mr. President, I rise affect their lives. ments ‘‘cooperating agencies’’ in the today, along with Senators NICKLES, Mr. CRAIG. Mr. President, I join my National Environmental Policy Act CRAIG, HELMS, CRAPO, GRAMS, and colleagues today in introducing the process. For example, when the Forest ENZI, to introduce the State and Local State and Local Government Participa- Service decides to undertake a timber Government Participation Act of 1999 tion Act. sale, it will have to by law consult and which would amend the National Envi- This legislation would amend the Na- obtain the input of state and county ronmental Policy Act (NEPA). This bill tional Environmental Policy Act governments during the NEPA process. is designed to guarantee that federal (NEPA) to provide the opportunity for Current law, however, only requires agencies identify state, county and State, local, and county agencies to the federal government to consult with local governments as cooperating agen- participate in land management deci- other federal agencies. cies when fulfilling their environ- sions by identifying them as cooper- The underlying concept of this legis- mental planning responsibilities under ating agencies in the NEPA process. lation is something most people would NEPA. NEPA was passed in 1969 to, among assume already takes place. Average NEPA was designed to ensure that other things, ‘‘declare a national policy Americans assume that the federal the environmental impacts of a pro- which will encourage harmony between government considers state and local posed federal action are considered and man and his environment.’’ I support governments partners in all land-use minimized by the federal agency tak- the intent of NEPA, to protect our pub- and environmental decisions. After all, ing that action. It was supposed to pro- lic resources from environmental deg- it is an established fact that local citi- vide for adequate public participation radation. However, in the last twenty zens and officials can best meet local in the decision making process on years, the NEPA process has become a problems with local solutions. And in these federal activities and document very time consuming and cumbersome those matters, people expect the fed- an agency’s final conclusions with re- public process. In almost every in- eral government to help out where spect to the proposed action. stance, an Environmental Impact needed and take the lead where appro- Although this sounds simple and Statement or Environmental Assess- priate. But average Americans, unfor- quite reasonable, NEPA has become a ment must be completed under NEPA tunately, often aren’t aware of the real problem in Wyoming and many before any action can take place on the complete picture. states throughout the nation. A stat- public lands. Too often, the federal government ute that was supposed to provide for My state, Idaho, is 63 percent federal adopts its ‘‘I know best’’ philosophy additional public input in the federal land, and management of those lands is and ignores the input of local officials land management process has instead of vital importance, especially to the or even excludes them from the deci- become an unworkable and cum- communities that are economically de- sion making process. One of the first bersome law. Instead of clarifying and pendent on the public lands. In far too things locally elected officials in the expediting the public planning process many instances, land management de- northern part of my state—an area on federal lands, NEPA now serves to cisions are being made without allow- which deals with the National Environ- delay action and shut-out local govern- ing those most affected by a land man- mental Policy Act regularly—say to ments that depend on the proper use of agement decision or in many cases, me when we sit down to talk is that these federal lands for their existence. those most knowledgeable about the the federal government doesn’t care The State and Local Government resource, to play a meaningful role in about their needs. They feel the federal Participation Act is designed to pro- the NEPA process. government, be it the Forest Service, vide for greater input from state and In the Pacific Northwest, the Forest Park Service, or EPA, just doesn’t local governments in the NEPA proc- Service and the Bureau of Land Man- seem to realize that counties are hav- ess. This measure would simply guar- agement are currently working on a ing a tough time making ends meet antee that state, county and local comprehensive ecosystem management and providing basic services to its resi- agencies be identified as cooperating plan for the Columbia River Basin, the dents in an era of increased land-regu- entities when preparing land manage- Interior Columbia Basin Ecosystem lation and decreased logging, mining, ment plans under NEPA. Although the Management Plan (ICBEMP). This and access. And when they show you law already provides for voluntary in- plan, in the form of a draft EIS, has the numbers and make their case, it is clusion of state and local entities in been in the works for four years at an impossible to disagree with them. the planning process, to often, the fed- expense of more than $40 Million. Coun- There are a number of counties in eral agencies choose to ignore local ty governments and state officials in northern Minnesota which are pre- governments when preparing planning my state feel alienated by the process dominantly federally owned. St. Louis documents under NEPA. Unfortu- to date. The situation has gotten so County is 62 percent federally owned, nately, many federal agencies have be- bad that in last year’s omnibus appro- Cook County is 82 percent federally come so engrossed in examining every priations act, I worked to have report owned, and Lake County is 92 percent environmental aspect of a proposed ac- language encouraging the administra- federally owned. They are home to the tion on federal land, they have forgot- tion to include affected state and coun- Superior National Forest and the ten to consult with the folks who actu- ty governments in this process as co- Boundary Waters Canoe Area Wilder- ally live near and depend on these operating agencies. ness. Not far away is Voyageurs Na- areas for their economic survival. I would submit that every western tional Park and not far from that is Mr. President, states and local com- Senator has at least one horror story the Chippewa National Forest. Not sur- munities must be consulted and in- involving a public land managing agen- prisingly, they are often placed in the

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1166 CONGRESSIONAL RECORD — SENATE February 3, 1999 middle of many disputes over land- little and their lawyers receive a whole ister and other publications to get uses. They continue to see their PILT lot. This bill will preserve class action ideas for lawsuits, and only after they payments funded at barely 50 percent lawsuits as an important tool that have identified a wrong, do they find of authorized amounts. They continue brings representation to the unrepre- clients for their lawsuits. Instead of to witness more and more restrictions sented and result in important dis- having clients who complain of harms on the use of lands within their coun- crimination and consumer decisions. going to hire attorneys, these attor- ties and the Forest Services declining In October 1997, my Judiciary Sub- neys find the harms first and then re- timber sales. And they continue to see committee held a hearing on the prob- cruit potential clients with the prom- their populations declining as a result lem of certain class action lawsuit set- ise of compensation. of lost economic opportunities. They tlements. I found one example of class On the other hand, the defendants do deserve to be heard when the federal action lawsuit abuse to be particularly not always have clean hands. Plain- government is going to take actions in disturbing. In an antitrust case settled tiffs’ lawyers say that they are ap- their communities. in the Northern District of Illinois in proached by lawyers from large cor- Mr. President, it is clear that in the 1993, the plaintiff class alleged that porations who urge them to find a class last half of this century power has multiple domestic airlines participated and sue the corporation. The corpora- shifted from our nation’s cities and in price-fixing, which resulted in plain- tions may use the class action lawsuit states to Washington, DC. No one dis- tiffs paying more for airline tickets as a tool to limit their liability. Once putes that. And while many of us would than they otherwise would have had to a lawsuit is initiated and settled, no like to see that shift back the other pay. member of the class may sue based on way, it may take some time to get it In the settlement, all of the class that claim. In other words, if a cor- done. But what we should all be able to plaintiffs were awarded a book of cou- poration settle a class action lawsuit agree upon, is that locally elected offi- pons which could be used toward the by paying all class members $10 as cials should have a seat at the table purchase of future airline tickets. compensation for a faulty product, the and should be treated as equals and as These coupons varied in amount and plaintiffs can no longer sue for any partners by federal agencies. They number, based on how many plane harm caused by the faulty product. know what is happening on their land tickets a particular plaintiff had pur- This is one way of buying immunity for and they know the people who will be chased. The catch was that the plain- liability. impacted by changes in the law. They tiff still had to pay for most of any new A Rand study on class action litiga- tion stated that, also know what the impact will be on a airline ticket out of his or her own county or state budget. But most im- pocket. This meant that only $10 worth It is generally agreed that fees drive plain- of coupons could be used toward the tiffs’ attorney’s filing behavior, that defend- portantly, Mr. President, county and ants’ risk aversion in the face of large aggre- state officials are closer to the people. purchase of a $100 ticket; up to $25 gate exposures drives their settlement be- Their phone numbers are actually in worth of coupons for a $250 ticket; up havior. . . . In other words, the problems with the phone book and they aren’t a long to $50 worth of coupons for a $500 tick- class actions flow from incentives that are distance call away. They answer their et, and so on. In addition, these cou- embedded in the process itself. door when someone comes knocking. pons could not be used on certain The Rand study also found that the And they aren’t a bureaucrat hidden blackout dates, which appeared to in- number of class actions is rising sig- away in Washington, DC, making one clude all holidays and peak travel nificantly, with most of the increase size fits all policy decisions. times. concentrated in State courts. State As I stated earlier, I think those peo- Interestingly enough, the attorneys courts often are used in nationwide ple deserve a role in the NEPA process did not get paid with these coupon class actions to the detriment of class and I think the American people would books. Rather, the attorneys were paid members and sometimes defendants. In agree. I urge my colleagues to protect cash—$16 million in cash. Now, if the fact, State courts are more likely to their state and local government’s coupons were good enough for their cli- certify class actions without ade- right to participate by supporting this ents—the people that actually got quately considering whether a class ac- important piece of legislation. ripped off—I wonder why those same tion would be fair to all class members. coupons were not good enough for their In addition, class lawyers sometimes By Mr. GRASSLEY (for himself, Mr. lawyers. manipulate pleadings to avoid removal KOHL, and Mr. THURMOND): Another example of an egregious of the lawsuit to the Federal courts, class action lawsuit settlement was even to the extent that they minimize S. 353. A bill to provide for class ac- highlighted at the subcommittee hear- their client’s potential claims. Class tion reform, and for other purposes; to ing. Mrs. Martha Preston was a mem- lawyers also sometimes defeat the the Committee on the Judiciary. ber of the plaintiff class in the case complete diversity requirement by en- THE CLASS ACTION FAIRNESS ACT OF 1999 Hoffman versus Banc Boston, where suring that at least one named class Mr. GRASSLEY. Mr. President, I rise some plaintiffs received under $10 each member is from the same State as a de- today to introduce, along with Sen- in compensation for their injuries, yet fendant, even if every other class mem- ators KOHL and THURMOND, the Class were docked from $75 to $90 for attor- ber is from a different State. Action Fairness Act of 1999, a bill that neys’ fees. This means that attorneys The Class Action Fairness Act of 1999 will help curb class action lawsuit who were supposed to be representing does a number of things. First, it re- abuse. Last year, Senator KOHL and I these people’s best interests, agreed to quires that notice of proposed settle- introduced the Class Action Fairness a settlement that cost some of the ments in all class actions, as well as all Act of 1998, S. 2083. That bill was plaintiffs more money than they re- class notices, must be in clear, easily marked up in the Administrative Over- ceived in compensation for being understood English and must include sight and the Courts Subcommittee on wronged. all material settlement terms, includ- September 10, 1998, and we favorably These class action lawsuit abuses ing the amount and source of attor- voted out of subcommittee a substitute happen for a number of reasons. One neys’ fees. The notices most plaintiffs amendment to the bill. Unfortunately, reasons is that plaintiffs’ lawyers nego- receive are written in small print and this legislation was not considered fur- tiate their own fees as part of the set- confusing legal jargon. In fact, a law- ther by the Senate because of the press tlement. This can result in distracting yer testified before my subcommittee of other legislative business scheduled lawyers from focusing on their client’s that even he could not understand the before the full Judiciary Committee. needs, and settling or refusing to settle notice he received as a plaintiff in a We are now reintroducing the sub- based on the amount of their own com- class action lawsuit. Since plaintiffs stitute amendment to last year’s class pensation. are giving up their right to sue, it is action bill, with minor modifications, During our hearing, evidence was imperative that they understand what as the Class Action Fairness Act of presented that at least one group of they are doing and the ramifications of 1999. This modest bill will go a long plaintiffs’ lawyers meets on a regular their actions. way toward ending class action lawsuit basis to discuss initiating class action Second, our bill requires that State abuses where the plaintiffs receive very lawsuits. They scan the Federal Reg- attorneys general be notified of any

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1167 proposed class settlement that would SECTION 1. SHORT TITLE. ‘‘(6) any final judgment or notice of dis- affect residents of their States. The no- This Act may be cited as the ‘‘Class Action missal; tice would give a State attorney gen- Fairness Act of 1999’’. ‘‘(7)(A) if feasible the names of class mem- eral the opportunity to object if the SEC. 2. NOTIFICATION REQUIREMENT OF CLASS bers who reside in each State attorney gen- ACTION CERTIFICATION OR SETTLE- eral’s respective State and the estimated settlement terms are unfair. MENT. proportionate claim of such members to the Third, our bill requires that attor- (a) IN GENERAL.—Part V of title 28, United entire settlement; or neys’ fees in class actions are to be States Code, is amended by inserting after ‘‘(B) if the provision of information under based on a reasonable percentage of chapter 113 the following new chapter: subparagraph (A) is not feasible, a reason- damages actually paid to class mem- ‘‘CHAPTER 114—CLASS ACTIONS able estimate of the number of class mem- bers, the actual costs of complying ‘‘Sec. bers residing in each attorney general’s ‘‘1711. Definitions. State and the estimated proportionate claim with the terms of a settlement agree- ‘‘1712. Application. ment, as well as any future financial of such members to the entire settlement; ‘‘1713. Notification of class action certifi- and benefits. In the alternative, the bill cations and settlements. ‘‘(8) any written judicial opinion relating ‘‘1714. Limitation on attorney’s fees in class provides that, to the extent the law to the materials described under paragraphs actions. permits, fees may be based on a reason- (3) through (6). able hourly (lodestar) rate. This provi- ‘‘§ 1711. Definitions ‘‘(b) A hearing to consider final approval of sion would discourage settlements that ‘‘In this chapter the term— a proposed settlement may not be held ear- give attorneys exorbitant fees based on ‘‘(1) ‘class’ means a group of persons that lier than 120 days after the date on which the hypothetical overvaluation of coupon comprise parties to a civil action brought by State attorneys general and the Attorney 1 or more representative persons; General of the United States are served no- settlements, yet allows for reasonable ‘‘(2) ‘class action’ means a civil action filed tice under subsection (a). fees in all kinds of cases, including pursuant to rule 23 of the Federal Rules of ‘‘(c) Any court with jurisdiction over a cases that primarily involve injunctive Civil Procedure or similar State rules of pro- plaintiff class action shall require that— relief. cedure authorizing an action to be brought ‘‘(1) any written notice provided to the Fourth, our bill allows more class ac- by 1 or more representative persons on be- class through the mail or publication in tion lawsuits to be removed from State half of a class; printed media contain a short summary court to Federal court, either by a de- ‘‘(3) ‘class certification order’ means an written in plain, easily understood language, fendant or an unnamed class member. order issued by a court approving the treat- describing— ment of a civil action as a class action; ‘‘(A) the subject matter of the class action; A class action would qualify for Fed- ‘‘(4) ‘class member’ means a person that ‘‘(B) the legal consequences of being a eral jurisdiction if the total damages falls within the definition of the class; member of the class action; exceed $75,000 and parties include citi- ‘‘(5) ‘class counsel’ means the attorneys ‘‘(C) the ability of a class member to seek zens from multiple States. Currently, representing the class in a class action; removal of the class action to Federal court class lawyers can avoid removal if indi- ‘‘(6) ‘plaintiff class action’ means a class if— vidual claims are for just less than action in which class members are plaintiffs; ‘‘(i) the action is filed in a State court; and $75,000—even if hundreds of millions of and ‘‘(ii) Federal jurisdiction would apply to dollars in total are at stake—or if just ‘‘(7) ‘proposed settlement’ means a settle- such action under section 1332(d); ment agreement between or among the par- ‘‘(D) if the notice is informing class mem- one class member is from the same ties in a class action that is subject to court bers of a proposed settlement agreement— State as a defendant. However, the bill approval before the settlement becomes ‘‘(i) the benefits that will accrue to the provides that cases remain in State binding on the parties. class due to the settlement; court where the substantial majority ‘‘§ 1712. Application ‘‘(ii) the rights that class members will of class and primary defendants are ‘‘This chapter shall apply to— lose or waive through the settlement; from the same State and that State’s ‘‘(1) all plaintiff class actions filed in Fed- ‘‘(iii) obligations that will be imposed on law would govern, or the primary de- eral court; and the defendants by the settlement; fendants are States and a Federal court ‘‘(2) all plaintiff class actions filed in State ‘‘(iv) the dollar amount of any attorney’s fee class counsel will be seeking, or if not would be unable to order the relief re- court in which— ‘‘(A) any class member resides outside the possible, a good faith estimate of the dollar quested. amount of any attorney’s fee class counsel Fifth, our bill will reduce frivolous State in which the action is filed; and ‘‘(B) the transaction or occurrence that will be seeking; and lawsuits by requiring that a violation gave rise to the class action occurred in ‘‘(v) an explanation of how any attorney’s of rule 11 of the Federal rules of civil more than 1 State. fee will be calculated and funded; and procedure, which penalizes frivolous ‘‘(E) any other material matter; and ‘‘§ 1713. Notification of class action certifi- ‘‘(2) any notice provided through television lawsuits, will require the imposition of cations and settlements sanctions. However, the nature and ex- or radio to inform the class members of the ‘‘(a) Not later than 10 days after a proposed right of each member to be excluded from a tent of sanctions will remain discre- settlement in a class action is filed in court, class action or a proposed settlement, if such tionary. class counsel shall serve the State attorney right exists, shall, in plain, easily under- We need class action reform badly. general of each State in which a class mem- stood language— Both plaintiffs and defendants are call- ber resides and the Attorney General of the ‘‘(A) describe the persons who may poten- ing for change in this area. The Class United States as if such attorneys general tially become class members in the class ac- and the Department of Justice were parties tion; and Action Fairness Act of 1999 is not just in the class action with— ‘‘(B) explain that the failure of a person procedural reform, it is substantive re- ‘‘(1) a copy of the complaint and any mate- falling within the definition of the class to form of our court system. This bill will rials filed with the complaint and any exercise such person’s right to be excluded remove the conflict of interest that amended complaints (except such materials from a class action will result in the person’s shall not be required to be served if such ma- lawyers face in class action lawsuits, inclusion in the class action. and will ensure the fair settlement of terials are made electronically available ‘‘(d) Compliance with this section shall not these cases. This bill will preserve the through the Internet and such service in- provide immunity to any party from any process, but put a stop to the more cludes notice of how to electronically access legal action under Federal or State law, in- such material); egregious abuses. I urge all my col- cluding actions for malpractice or fraud. ‘‘(2) notice of any scheduled judicial hear- ‘‘(e)(1) A class member may refuse to com- leagues to join Senators KOHL, THUR- ing in the class action; ply with and may choose not to be bound by MOND, and me and support this impor- ‘‘(3) any proposed or final notification to a settlement agreement or consent decree in tant piece of legislation. class members of— a class action if the class member resides in Mr. President, I ask unanimous con- ‘‘(A)(i) the members’ rights to request ex- a State where the State attorney general has sent that the text of the bill be printed clusion from the class action; or not been provided notice and materials under in the RECORD. ‘‘(ii) if no right to request exclusion exists, subsection (a). There being no objection, the bill was a statement that no such right exists; and ‘‘(2) The rights created by this subsection ‘‘(B) a proposed settlement of a class ac- ordered to be printed in the RECORD, as shall apply only to class members or any tion; follows: person acting on a class member’s behalf, ‘‘(4) any proposed or final class action set- and shall not be construed to limit any other S. 353 tlement; rights affecting a class member’s participa- Be it enacted by the Senate and House of ‘‘(5) any settlement or other agreement tion in the settlement. Representatives of the United States of America contemporaneously made between class ‘‘(f) Nothing in this section shall be con- in Congress assembled, counsel and counsel for the defendants; strued to impose any obligations, duties, or

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1168 CONGRESSIONAL RECORD — SENATE February 3, 1999 responsibilities upon State attorneys general ‘‘(B) Nothing in subparagraph (A) shall ‘‘1453. Removal of class actions.’’. or the Attorney General of the United prohibit plaintiffs from filing an amended SEC. 5. REPRESENTATIONS AND SANCTIONS States. class action in Federal or State court. UNDER RULE 11 OF THE FEDERAL ‘‘§ 1714. Limitation on attorney’s fees in class ‘‘(C) Upon dismissal or remand, the period RULES OF CIVIL PROCEDURE. Rule 11(c) of the Federal Rules of Civil Pro- actions of limitations for any claim that was as- serted in an action on behalf of any named or cedure is amended— ‘‘(a) In any class action, the total attor- (1) in the first sentence by striking ‘‘may, ney’s fees and expenses awarded by the court unnamed member of any proposed class shall be deemed tolled to the full extent provided subject to the conditions stated below,’’ and to counsel for the plaintiff class may not ex- inserting ‘‘shall’’; ceed a reasonable percentage of the amount under Federal law. ‘‘(7) Paragraph (2) shall not apply to any (2) in paragraph (2) by striking the first of— class action, regardless of which forum any and second sentences and inserting ‘‘A sanc- ‘‘(1) any damages and prejudgment interest such action may be filed in, involving any tion imposed for violation of this rule may actually paid to the class; claim relating to— consist of reasonable attorneys’ fees and ‘‘(2) any future financial benefits to the ‘‘(A) the internal affairs or governance of a other expenses incurred as a result of the class based on the cessation of alleged im- corporation or other form of entity or busi- violation, directives of a nonmonetary na- proper conduct by the defendants; and ness association arising under or by virtue of ture, or an order to pay penalty into court or ‘‘(3) costs actually incurred by all defend- the statutory, common, or other laws of the to a party.’’; and ants in complying with the terms of an in- State in which such corporation, entity, or (3) in paragraph (2)(A) by inserting before junctive order or settlement agreement. the period ‘‘, although such sanctions may be ‘‘(b) Notwithstanding subsection (a), to the business association is incorporated (in the case of a corporation) or organized (in the awarded against a party’s attorneys’’. extent that the law permits, the court may SEC. 6. EFFECTIVE DATE. award attorney’s fees and expenses to coun- case of any other entity); or ‘‘(B) the rights, duties (including fiduciary The amendments made by this Act shall sel for the plaintiff class based on a reason- apply to any civil action commenced on or able lodestar calculation.’’. duties), and obligations relating to or cre- ated by or pursuant to any security (as de- after the date of enactment of this Act. (b) TECHNICAL AND CONFORMING AMEND- fined under section 2(a)(1) of the Securities Mr. KOHL. Mr. President, Senator MENT.—The table of chapters for part V of title 28, United States Code, is amended by Act of 1933 or the rules and regulations GRASSLEY and I today introduce the inserting after the item relating to chapter adopted under such Act).’’. Class Action Fairness Act of 1999. This 113 the following: SEC. 4. REMOVAL OF CLASS ACTIONS TO FED- legislation addresses growing problems ERAL COURT. ‘‘114. Class Actions ...... 1711’’. in class action litigation, particularly (a) IN GENERAL.—Chapter 89 of title 28, unfair and abusive settlements that SEC. 3. DIVERSITY JURISDICTION FOR CLASS AC- United States Code, is amended by adding TIONS. shortchange class members while class after section 1452 the following: Section 1332 of title 28, United States Code, lawyers line their pockets with high is amended— ‘‘§ 1453. Removal of class actions fees. (1) by redesignating subsection (d) as sub- ‘‘(a) In this section, the terms ‘class’, ‘class Let me share with you just a few dis- section (e); and action’, and ‘class member’ have the mean- turbing examples. (2) by inserting after subsection (c) the fol- ings given such terms under section 1711. First, one of my constituents, Mar- lowing: ‘‘(b) A class action may be removed to a tha Preston of Baraboo, Wisconsin, was district court of the United States in accord- ‘‘(d)(1) In this subsection, the terms ‘class’, an unnamed member of a class action ‘class action’, and ‘class certification order’ ance with this chapter, except that such ac- have the meanings given such terms under tion may be removed— lawsuit against her mortgage company section 1711. ‘‘(1) by any defendant without the consent that ended in a settlement. While at ‘‘(2) The district courts shall have original of all defendants; or first she got $4 and change in com- jurisdiction of any civil action where the ‘‘(2) by any plaintiff class member who is pensation, a few months later her law- matter in controversy exceeds the sum or not a named or representative class member yers surreptitiously took $80—twenty value of $75,000, exclusive of interest and without the consent of all members of such times her compensation—from her es- costs, and is a class action in which— class. crow account to pay their fees. In ‘‘(A) any member of a class of plaintiffs is ‘‘(c) This section shall apply to any class total, her lawyers managed to pocket action before or after the entry of any order a citizen of a State different from any de- over $8 million in fees, but never ex- fendant; certifying a class. ‘‘(B) any member of a class of plaintiffs is ‘‘(d) The provisions of section 1446 relating plained that the class—not the defend- a foreign state or a citizen or subject of a to a defendant removing a case shall apply to ant—would pay the attorneys’ fees. foreign state and any defendant is a citizen a plaintiff removing a case under this sec- Naturally outraged, she and others of a State; or tion, except that in the application of sub- sued the class lawyers. Her lawyers ‘‘(C) any member of a class of plaintiffs is section (b) of such section the requirement turned around and sued her in Ala- a citizen of a State and any defendant is a relating to the 30-day filing period shall be bama—a state she had never visited— foreign state or a citizen or subject of a for- met if a plaintiff class member files notice of and demanded an unbelievable $25 mil- eign state. removal within 30 days after receipt by such lion. So not only did she lose $75, she ‘‘(3) The district court shall abstain from class member, through service or otherwise, was forced to defend herself from a $25 of the initial written notice of the class ac- hearing a civil action described under para- million lawsuit. graph (2) if— tion. ‘‘(A)(i) the substantial majority of the ‘‘(e) This section shall not apply to any Second, class lawyers and defendants members of the proposed plaintiff class are class action, regardless of which forum any often engineer settlements that leave citizens of a single State of which the pri- such action may be filed in, involving any plaintiffs with small discounts or cou- mary defendants are also citizens; and claim relating to— pons unlikely ever to be used. Mean- ‘‘(ii) the claims asserted will be governed ‘‘(1) the internal affairs or governance of a while, class lawyers reap big fees based primarily by the laws of that State; or corporation or other form of entity or busi- on unduly optimistic valuations. For ‘‘(B) the primary defendants are States, ness association arising under or by virtue of example, in a settlement of a class ac- State officials, or other governmental enti- the statutory, common, or other laws of the tion against major airlines, most plain- ties against whom the district court may be State in which such corporation, entity, or tiffs received less than $80 in coupons foreclosed from ordering relief. business association is incorporated (in the while class attorneys received $14 mil- ‘‘(4) In any class action, the claims of the case of a corporation) or organized (in the individual members of any class shall be ag- case of any other entity); or lion in fees based on a projection that gregated to determine whether the matter in ‘‘(2) the rights, duties (including fiduciary the discounts were worth hundreds of controversy exceeds the sum or value of duties), and obligations relating to or cre- millions. In a suit over faulty com- $75,000, exclusive of interest and costs. ated by or pursuant to any security (as de- puter monitors, class members got $13 ‘‘(5) This subsection shall apply to any fined under section 2(a)(1) of the Securities coupons, while class lawyers pocketed class action before or after the entry of a Act of 1933 or the rules and regulations $6 million. And in a class action class certification order by the court. adopted under such Act).’’. against Nintendo, plaintiffs received $5 ‘‘(6)(A) A district court shall dismiss, or, if (b) REMOVAL LIMITATION.—Section 1446(b) coupons, while attorneys took almost after removal, strike the class allegations of title 28, United States Code, is amended in $2 million in fees. and remand, any civil action if— the second sentence by inserting ‘‘(a)’’ after Third, competing federal and state ‘‘(i) the action is subject to the jurisdiction ‘‘section 1332’’. class actions engage in a race to settle- of the court solely under this subsection; and (c) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) the court determines the action may MENTS.—The table of sections for chapter 89 ment, where the best interests of the not proceed as a class action based on a fail- of title 28, United States Code, is amended by class lose out. For example, in one ure to satisfy the conditions of rule 23 of the adding after the item relating to section 1452 state class action the class lawyers ne- Federal Rules of Civil Procedure. the following: gotiated a small settlement precluding

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1169 all other suits, and even agreed to set- dividual plaintiff, but, in addition, In Martha Preston’s case, one promi- tle federal claims that were not at seeks relief for all those individuals nent federal judge found that ‘‘the no- issue in state court. Meanwhile, a fed- who suffered a similar injury. Prospec- tice not only didn’t alert the absent eral court found that the federal claims tive class members are usually sent no- class members to the pending loss but could have been worth more than $1 tice about the class action, and are pre- also pulled the wool over the state billion, while accusing the state class sumed to join it, unless they specifi- judge’s eyes,’’ id. lawyers of ‘‘hostile representation’’ cally ask to be left out. When these We all know that class actions can that ‘‘surpassed inadequacy and sank suits are settled, all class members are result in significant and important to the level of subversion’’ and pursuit notified of the terms of the settlement benefits for class members and society, of self-interest in ‘‘getting a fee’’ that and given the chance to object if they and that most class lawyers and most was ‘‘more in line with the interests of don’t think the settlement is fair. A state courts are acting responsibly. [defendants] than those of their cli- court must ultimately approve a set- Class actions have been used to deseg- ents.’’ tlement agreement. regate racially divided schools, to ob- Fourth, class actions are often filed The vast majority of these suits are tain redress for victims of employment in state courts that are more likely to brought and settled fairly and in good discrimination, and to compensate in- give inadequate consideration to class faith. Unfortunately, the class action dividuals exposed to toxic chemicals or certification and class settlements. On system does not adequately protect defective products. Class actions in- several occasions, a state court has class members from the few unscrupu- crease access to our civil justice sys- certified a class action although fed- lous lawyers who are more interested tem because they enable people to pur- eral courts rejected certification of the in big attorneys’ fees than compensa- suant claims collectively that would same case. And in several Alabama tion for their clients, the victims. The otherwise be too expensive to litigate. state courts, 38 out of 43 classes cer- primary problem is that the client in a The difficulty in any effort to im- tified in a three-year period were cer- class action is a diffuse group of thou- prove a basically good system is weed- tified on an ex parte basis, without no- sands of individuals scattered across ing out the abuses without causing tice and hearing. One Alabama judge the country, which is incapable of exer- undue damage. The legislation we pro- acting ex parte certified 11 class ac- cising meaningful control over the liti- pose attempts to do this. It does not tions in 1997 alone. Comparably, only gation. As a result, while in theory the limit anyone’s ability to file or settle a an estimated 38 class actions were cer- class lawyers must be responsive to class action. It seeks to address the tified in federal court that year (ex- their clients, the lawyers control all problem in several ways. First, it re- cluding suits against the U.S. and suits aspects of the litigation. quires that State attorneys general be brought under federal law). This lack Moreover, during a class action set- notified about proposed class action of close scrutiny appears to create a tlement, the amount of the attorney settlements that would affect residents big incentive to file in state court, es- fee is negotiated between plaintiffs’ of their states. With notice, the attor- pecially given the recent findings of a lawyers and the defendants, just like neys general can intervene in cases Rand study that class actions are in- other terms of the settlement. But in where they think the settlements are creasingly concentrated in state most cases the fees come at the ex- unfair. courts. pense of class members—the only party Second, the legislation requires that Fifth, in nationwide class actions that does not have a seat at the bar- class members be notified of a poten- filed in state court, class lawyers often gaining table. tial settlement in clear, easily under- manipulate the pleadings to avoid re- In addition, defendants may use class stood English—not legal jargon. moval to federal court, even by mini- action settlements to advance their Third, it limits class attorneys’ fees mizing the potential claims of class own interests. Paying a small settle- to a reasonable percentage of the ac- members. For example, state class ac- ment generally precludes all future tual damages received by plaintiffs or tions often seek just over $74,000 in claims by class members. So defend- to reasonable hourly fees. This will damages per plaintiff, and forsake pu- ants have ample motivation to give deter class lawyers from using inflated nitive damage claims, to avoid the class lawyers the fees they want as the values of coupon settlements to reap $75,000 floor that qualifies for federal price for settling all future liabilities. big fees. Some courts have already em- diversity jurisdiction. Or they defeat As a result, it is easy to see how class braced this standard, which parallels the federal requirement of complete di- members are left out in the cold. Al- the recent securities reform law. versity by naming one class member though the judge is supposed to deter- Fourth, it permits removal to federal who is from the same state as a defend- mine whether the settlement is fair be- court of certain class actions involving ant, even if all other class members are fore approving it, class lawyers and de- citizens of multiple states, at the re- from different states. fendants ‘‘may even put one over on quest of unnamed class members or de- Finally, out-of-state defendants are the court, a staged performance. The fendants. This provision eliminates often hauled into state court to address lawyers support the settlement to get gaming by class lawyers to keep cases nationwide class claims, although fed- fees; the defendants support it to evade in state court and, through consolida- eral courts are a more appropriate and liability; the court can’t vindicate the tion of related cases in federal court, more efficient forum. For example, an class’s rights because the friendly pres- helps prevent a race to settlement be- Alabama court is now considering a entation means that it lacks essential tween competing class actions. class action—and could establish a na- information,’’ Kamilewicz v. Bank of Finally, it amends Rule 11 of the Fed- tional policy—in a suit brought against Boston Corp., 100 F.3d 1348, 1352 eral Rules of Civil Procedures to re- the big three automakers on behalf of (Easterbrook, J., dissenting) (7th Cir. quire the imposition of sanctions for every American who bought a dual- 1996). filing frivolous lawsuits, although the equipped air bags over an eight-year Although class members get settle- nature and extent of sanctions remains period. The defendants failed in their ment notices and have the opportunity discretionary. This provision will deter attempt to remove to federal court to object, they rarely do so, especially the filing of frivolous class actions. based on an application of current di- if they have little at stake. Not only is Let me emphasize the limited scope versity laws. And, unlike federal it expensive to get representation, but of this legislation. We do not close the courts, states are unable to consolidate also it can be extremely difficult to ac- courthouse door to any class action. multiple class actions that involve the tually understand what the settlement We do not require that State attorneys same underlying facts. really does. Settlements are often writ- general do anything with the notice These examples show that abuse of ten in long, finely printed letters with they receive. We do not deny reason- the class action system is not only pos- incomprehensible legalese, which even able fees for class lawyers. And we do sible, but real. And the incentives and well-trained attorneys are hard pressed not mandate that every class action be realities of the current system are a to understand. And settlements often brought in federal court. Instead, we big part of the problem. omit basic information like how much simply promote closer and fairer scru- A class action is a lawsuit in which money will go toward attorneys’ fees tiny of class actions and class settle- an attorney not only represents an in- and where that money will come from. ments.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1170 CONGRESSIONAL RECORD — SENATE February 3, 1999 These proposals have earned a broad be in full compliance with the freedom itself of all the rights available under the range of support. Even Judge Paul Nie- of emigration requirements of Title IV World Trade Organization with respect to meyer, the Chair of the Judicial Con- of the Trade Act of 1974. In additions, it Mongolia. ference’s Advisory Committee on Civil has acceded to the Agreement Estab- SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO Rules, who has studied class actions lishing of the World Trade Organiza- MONGOLIA. closely and testified before Congress on tion. (a) PRESIDENTIAL DETERMINATIONS AND EX- this issue, expressed his support for Mr. President, Mongolia has clearly TENSIONS OF NONDISCRIMINATORY TREAT- this ‘‘modest’’ measure, noting in par- demonstrated that it is fully deserving MENT.—Notwithstanding any provision of ticular that increasing federal jurisdic- of joining the ranks of those countries title IV of the Trade Act of 1974 (19 U.S.C. tion over class actions will be a posi- to which we extend nondiscriminatory 2431 et seq.), the President may— tive ‘‘meaningful step.’’ Last year, our trade status. The extension of that sta- (1) determine that such title should no tus would not only serve to commend longer apply to Mongolia; and bill passed the Judiciary Administra- (2) after making a determination under tive Oversight and the Courts Sub- the Mongolians on their impressive paragraph (1) with respect to Mongolia, pro- committee. progress, but would also enable the claim the extension of nondiscriminatory Mr. President, right now, people U.S. to avail itself of all its rights treatment to the products of that country. across the country can be dragged into under the WTO with respect to Mon- (b) TERMINATION OF APPLICATION OF TITLE lawsuits unaware of their rights and golia. IV.—On or after the effective date of the ex- unarmed on the legal battlefield. What I have another, more parochial, rea- tension under subsection (a)(2) of non- our bill does is give regular people son for being interested in MFN status discriminatory treatment to the products of back their rights and representation. for Mongolia. Mongolia and my home Mongolia, title IV of the Trade Act of 1974 shall cease to apply to that country. This measure may not stop all abuses, state of Wyoming are sister states; a but it moves use forward. It will help strong relationship between the two Mr. MCCAIN. Mr. President, today I ensure that good people like Martha has developed over the last four years. am proud to cosponsor legislation with Preston don’t get ripped off. Many of Mongolia’s provincial gov- Senators THOMAS, ROBB, and KERRY to Mr. President, Senator GRASSLEY and ernors have visited the state, and the grant nondiscriminatory trade status I believe this is a moderate approach to two governments have established to Mongolia. Passage of this legislation correct the worst abuses, while pre- partnerships in education, agriculture, will play an important role in aiding serving the benefits of class actions. It and livestock management. Like Wyo- Mongolia’s transition to a democratic is both pro-consumer and pro-defend- ming, Mongolia is a high plateau with government and a market-oriented ant. We believe it will make a dif- mountains on the northwest border, economy. ference. where many of the residents make There has been a stunning political their living by raising livestock. I am transformation in Mongolia since it By Mr. THOMAS (for himself, Mr. pleased to see the development of this broke away from Communist rule in MCCAIN, Mr. KERRY, Mr. SMITH mutually beneficial relationship, and 1990. In the past seven years, there of Oregon, and Mr. ROBB): am sure that the extension of non- have been two presidential elections S. 354. A bill to authorize the exten- discriminatory trade status will serve and three parliamentary elections. All sion of nondiscriminatory trade status to strengthen it further. of these have been open and demo- to the products of Mongolia; to the Mr. President, I introduced an iden- cratic, and have not suffered from vio- Committee on Foreign Relations. tical bill in the last Congress, but Con- lence or fraud. MONGOLIA MOST-FAVORED-NATION STATUS gress adjourned sine die before the bill The most important aspect of these Mr. THOMAS. Mr. President, I rise as could be acted on by both houses. I was elections is that they show the tri- chairman of the Subcommittee on East very appreciative that last year the umph of democracy and democratic Asian and Pacific Affairs to introduce distinguished chairman of the Finance forces. In 1996, the Mongolian Social Democratic Party (MSDP) and Mongo- S. 354, a bill to authorize the extension Committee, Senator ROTH, indicated of nondiscriminatory treatment—for- his willingness to favorably consider lian National Democratic Party merly known as ‘‘most-favored nation the legislation early in this Congress, (MNDP) joined forces to win an unex- status’’—to the products of Mongolia. I and look forward to working with him. pected victory in the parliamentary am pleased to be joined by Senator Mr. President, I ask unanimous that elections. By fulfilling its ‘‘Contract MCCAIN, chairman of the Commerce the text of S. 354 be printed in the with the Mongolian Voter,’’ this coali- tion is ensuring the establishment of a Committee; Senator KERRY, the rank- RECORD. ing minority member of my sub- There being no objection, the bill was political system based on our cherished committee; and Senator ROBB and Sen- ordered to be printed in the RECORD, as democratic principles. After a few ator SMITH or Oregon as original co- follows: months of uncertainty, the Mongolian government is now back on track and sponsors. S. 354 Mongolia has undergone a series of committed to continue its reforms. I remarkable and dramatic changes over Be it enacted by the Senate and House of Rep- am happy to say that the International resentatives of the United States of America in the last few years. Sandwiched between Congress assembled, Republican Institute is continuing to play a major role in showing these po- the former Soviet Union and China, it SECTION 1. FINDINGS. was one of the first countries in the Congress makes the following findings: litical parties how to establish a stable world to become communist after the (1) Mongolia has received nondiscrim- democratic government. Russian Revolution. After 70 years of inatory trade treatment since 1991 and has This democratic transformation has communist rule, though, the Mongo- been found to be in full compliance with the established a firm human rights re- lian people have recently made great freedom of emigration requirements of title gime. The Mongolian Constitution al- progress in establishing a democratic IV of the Trade Act of 1974; lows freedom of speech, the press and political system and creating a free- (2) Mongolia has, since ending its nearly 70 expression. Separation of Church and years of dependence on the former Union of state is recognized in this predomi- market economy. Since that time, Soviet Socialist Republics, established a par- there have been successive successful liamentary democracy and a free-market nantly Buddhist nation as well as the national and regional elections. economic system; right to worship or not worship. Full Mongolia has demonstrated a strong (3) Mongolia concluded a bilateral trade freedom of emigration is allowed, and desire to build a friendly and coopera- treaty with the United States in 1991 and a Mongolia now is in full compliance tive relationship with the United bilateral investment treaty in 1994; with sections 402 and 409 of the Trade States on trade and related matters (4) Mongolia has acceded to the Agreement Act of 1974, also known as the Jackson- since its turn towards democracy. We Establishing the World Trade Organization; Vanik Amendment. An independent ju- concluded a bilateral trade treaty with (5) Mongolia has demonstrated a strong de- diciary has been established to protect sire to build a friendly and cooperative trade that country in 1991, and a bilateral in- relationship with the United States; and these rights from any future violation. vestment treaty in 1994. Mongolia has (6) The extension of nondiscriminatory Mongolia is also in the middle of an received nondiscriminatory trading trade status to the products of Mongolia economic transformation. As part of status since 1991, and has been found to would enable the United States to avail the ‘‘Contract with the Mongolian

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1171 Voter,’’ the democratic coalition of the By Mr. MOYNIHAN (for himself ing to their respective numbers, which shall MNDP and MSDP ran on promises to and Mr. BINGAMAN): be determined by adding to the whole Num- establish private property rights and S. 355. A bill to amend title 13, ber of free Persons, including those bound to United States Code, to eliminate the Service for a term of years, and excluding In- encourage foreign investment. The dians not taxed, three fifths of all other per- Mongolian government is now steadily provision that prevents sampling from sons. The actual enumeration shall be made creating a market economy. A program being used in determining the popu- within three years of the first meeting of the has been set up to allow residents of lation for purposes of the apportion- Congress of the United States, and within government-owned high rise apart- ment of Representatives in Congress every subsequent term of ten years, in such ments to acquire ownership of their among the several States; to the Com- manner as they shall direct by law. residence. In 1997, Mongolia joined the mittee on Government Affairs. Those who cite this as saying the international trading system by join- A JUST APPORTIONMENT FOR ALL STATES ACT Constitution requires an ‘‘actual enu- ing the World Trade Organization and Mr. MOYNIHAN. Mr. President, I rise meration’’ should consider whether the eliminating all tariffs, except on per- today to introduce, along with my phrase is being taken out of context. sonal automobiles, alcoholic beverages, friend and colleague, Senator BINGA- The Supreme Court has not yet ruled and tobacco. On January 1, 1999, the MAN, a bill to allow the use of sampling on the constitutionality of sampling. state-run press became privatized. The in determining the populations of the Rather the Court has ruled on the cen- economic news also continues to be states for use in reapportionment. The sus laws last amended in 1976. good. The 1997 GDP growth was 3.3%, Supreme Court has ruled that the 1976 I also note that we have not taken an ‘‘actual enumeration’’ the way the and the inflation rate has dropped from amendments to the Census Act do not Founding Fathers envisioned since 53.2% in 1996 to 9.2% in June, 1998. The permit sampling in determining these 1960, after which enumerators going to Mongolian government is now boldly populations. We believe sampling is every door were replaced with mail-in moving to set the nation on a course to vital to achieving the goal of the most responses. The Constitution provides privatize large-scale enterprise and re- accurate census possible, and to a fair form the state pension system. for a postal system, but did not direct and accurate redistricting. that the census be taken by mail. Yet When I was in Mongolia in 1997, I saw The Bureau of the Census proposes to the effects of this economic trans- we do it that way. Why not sample if count each census tract by mail and that is a further improvement? formation firsthand. At a town hall then by sending out enumerators until meeting in Kharakhorum, the ancient Sampling would go far toward cor- they have responses for 90 percent of recting one of the most serious flaws in capital of the Mongol Empire, I met a the addresses. The Bureau proposes to the census, the undercount. Statistical herdsman and asked him about the eco- then use sampling to infer who lives at work in the 1940’s demonstrated that nomic liberalization. First, I asked him the remaining ten percent of addresses we can estimate how many people the how many sheep he had under Com- in each tract based on what they know census misses. The estimate for 1940 munism. He said none, because the of the 90 percent. This would provide a was 5.4 percent of the population. After Communists didn’t allow private prop- more accurate census then we get by decreasing steadily to 1.2 percent in erty. Then I asked him how many repeatedly sending enumerators to 1980, the 1990 undercount increased to sheep he owned after privatization. He hard-to-count locations and would save 1.8 percent, or more than four million answered that he had three sheep then, $500 million or more in personnel costs. people. which is not much in a country with 25 The Census plan is supported by the More significantly, the undercount is million sheep. So I asked him how National Academy of Sciences’ Na- not distributed evenly. The differential many sheep he has now. He answered tional Research Council, which was di- undercount, as it is known, of minori- that he now has 90 goats, 60 sheep, 20 rected by Congress in 1992 to study ties was 5.7 percent for Blacks, 5.0 per- cows and 6 horses. I asked him if that ways to achieve the most accurate pop- cent for Hispanics, 2.3 percent for was considered successful. He replied ulation count possible. The NRC report Asian-Pacific Islanders, and 4.5 percent that he was successful as were many finds that the Bureau should ‘‘make a for Native Americans, compared with herdsmen in this new economy. He good faith effort to count everyone, but 1.2 percent for non-Hispanic whites. then told me that he would never want then truncate physical enumeration The difference between the black and to change the system back to what it after a reasonable effort to reach non- non-black undercount was the largest was, because ‘‘now Mongols have con- respondents. The number and character since 1940. By disproportionately miss- trol over their own life and destiny.’’ of the remaining nonrespondents ing minorities, we deprive them of That is the new culture of a market should then be estimated through sam- equal representation in Congress and of Mongolian economy. pling.’’ proportionate funding from Federal There are many benefits to sup- Mr. President, the taking of a census programs based on population. The porting Mongolian democracy and eco- goes back centuries. I quote from the Census Bureau estimates that the total nomic liberalization. In 1991, Secretary King James version of the Bible, chap- undercount will reach 1.9 percent in of State James Baker promised Mon- ter two of Luke: ‘‘And it came to pass 2000 if the 1990 methods are used in- golia that the United States would be in those days that there went out a de- stead of sampling. Mongolia’s ‘‘third neighbor.’’ We re- cree from Caesar Augustus that all the Mr. President, I have some history main committed to that course of ac- world should be taxed (or enrolled, ac- with the undercount issue. In 1966 when tion to encourage Mongolia in its en- cording to the footnote) * * * And all I became Director of the Joint Center deavors and promote it as an example went to be taxed, everyone into his for Urban Studies at MIT and Harvard, of how nations can successfully convert own city.’’ The early censuses were I asked Professor David Heer to work from a Communist totalitarian state to taken to enable the rule or ruling gov- with me in planning a conference to a market democracy. The democratic ernment to tax or raise an army. publicize the non-white undercount in Mongolia has already begun to promote The first census for more sociological the 1960 census and to foster concern peace and stability among its neigh- reasons was taken in Nuremberg, in about the problems of obtaining a full bors by becoming the world’s first na- 1449. So it was not a new idea to the enumeration, especially of the urban tional nuclear-free zone. Furthermore, Founding Fathers when they wrote it poor. I ask unanimous consent that my the United States will be able to count into the Constitution to facilitate fair foreword to the report from that con- on the liberalized Mongolian economy taxation and accurate apportionment ference be printed in the RECORD, for it as an important market for American of the House of Representatives, the is, save for some small numerical goods and services. latter of which was the foundation of changes, disturbingly still relevant. I hope that my colleagues here in the the Great Compromise that has served Sampling is the key to the problem and Senate will join me in passing this leg- us well ever since. we must proceed with it so that we islation to grant nondiscriminatory The Constitution says in Article I, have one accurate census count for all trade status to Mongolia to help it con- Section 2: purposes, all uses. I also ask unani- tinue its successful democratic trans- Representatives and direct Taxes shall be mous consent that the text of the bill formation and transition to a market apportioned among the several States which be printed in the RECORD and I hope my economy. may be included within this Union, accord- colleagues will support it.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1172 CONGRESSIONAL RECORD — SENATE February 3, 1999 There being no objection, the items The papers in this collection, as Professor pling gives a better answer at a lower were ordered to be printed in the Heer’s introduction explains, were presented cost. This bill ought to pass the Senate RECORD, as follows: at a conference held in June 1976 with the unanimously. avowed purpose of arousing a measure of Mr. President, the Constitution says S. 355 public concern about the difficulties encoun- Be it enacted by the Senate and House of Rep- tered by the Census in obtaining a full count the census shall be conducted in a man- resentatives of the United States of America in of the urban poor, especially perhaps the ner that Congress shall by law direct. Congress assembled, Negro poor. It became apparent, for example, The recent Supreme Court case found SECTION 1. SHORT TITLE. that in 1960 one fifth of nonwhite males aged that under the current law sampling This Act may be cited as the ‘‘A Just Ap- 25-29 had in effect disappeared and had been may be used for all aspects of the cen- portionment for All States Act’’. left out of the Census count altogether. In- sus except for the decision on how SEC. 2. USE OF SAMPLING. visible men. Altogether, one tenth of the many representatives each state will nonwhite population had been ‘‘missed.’’ The Section 195 of title 13, United States Code, have. In fact, current law says sam- is amended by striking ‘‘Except for the de- ramifications of this fact were considerable, termination of population for purposes of ap- and its implications will suggest themselves pling shall be used for every other pur- portionment of Representatives in Congress immediately. It was hoped that a public air- pose of the census. among the several States, the’’ and inserting ing of the issue might lead to greater public My state now has three House mem- ‘‘The’’. support to ensure that the Census would bers and that number isn’t going to have the resources in 1970 to do what is, after change after this census one way or the SOCIAL STATISTICS AND THE CITY all, its fundamental job, that of counting all other. However, we now know New (By David M. Heer) the American people. As the reader will see, Mexico had the second highest the scholarly case for providing this support FOREWORD was made with considerable energy and can- undercount rate in the 1990 census—3.1 At one point in the course of the 1950’s dor. But perhaps the most compelling argu- percent, or nearly 50,000 New Mexicans John Kenneth Galbraith observed that it is ment arose from a chance remark by a con- were simply left out, including 20,000 the statisticians, as much as any single ference participant to the effect that if the children. Among New Mexico’s native group, who shape public policy, for the sim- decennial census were not required by the American community, the undercount ple reason that societies never really become Constitution, the Bureau would doubtless effectively concerned with social problems rate was an astounding 9 percent. This never have survived the economy drives of undercount is literally costing New until they learn to measure them. An unas- the nineteenth century. The thought flashed: suming truth, perhaps, but a mighty one, the full enumeration of the American popu- Mexico millions of dollars every year. and one that did more than he may know to lation is not simply an optional public serv- In Albuquerque, our largest city, sustain morale in a number of Washington ice provided by government for the use of 12,000 men, women, and children were bureaucracies (hateful word!) during a period sales managers, sociologists, and regional left out. Nationwide, 4 million Ameri- when the relevant cabinet officers had on planners. It is, rather, the constitutionally cans were not accounted for. their own reached very much the same con- mandated process whereby political rep- Mr. President, this massive clusion—and distrusted their charges all the resentation in the Congress is distributed as undercount is unacceptable to New more in consequence. For it is one of the iro- between different areas of the nation. It is a Mexico and should be unacceptable to nies of American government that individ- matter not of convenience but of the highest uals and groups that have been most resist- seriousness, affecting the very foundations of every Senator, especially when the ant to liberal social change have quite accu- sovereignty. That being the case, there is no Census Bureau has a solution that is rately perceived that social statistics are all lawful course but to provide the Bureau with tried, tested, and reliable. I believe too readily transformed into political dyna- whatever resources are necessary to obtain a every citizen counts, and every citizen mite, whilst in a curious way the reform full enumeration. Inasmuch as Negroes and should be counted. temperament has tended to view the whole other ‘‘minorities’’ are concentrated in spe- Federal funding for education, trans- statistical process as plodding, overcautious, cific urban locations, to undercount signifi- portation, crime prevention and other and somehow a brake on progress. (Why cantly the population in those areas is to priorities is allocated to states based must every statistic be accompanied by de- deny residents their rights under Article I, tailed notes about the size of the ‘‘standard Section 3 of the Constitution, as well, no on population. The majority of people error’’?) doubt, as under Section 1 of the Fourteenth overlooked in the past census are poor, The answer, of course, is that this is what Amendment. Given the further, more recent the very citizens we must assure are must be done if the fact is to be accurately practice of distributing federal, state, and not being left out. If the existing stated, and ultimately accepted. But, given local categorical aid on the basis not only of undercount is repeated in future cen- this atmosphere of suspicion on the one hand the number but also social and economic suses, New Mexico will again be denied and impatience on the other, it is something characteristics of local populations, the con- its fair share of critical federal funds. of a wonder that the statistical officers of stitutional case for full enumeration would Under current law we can have a two- the federal government have with such for- seem to be further strengthened. titude and fairness remained faithful to a A sound legal case? Others will judge; and number census, one without sampling high intellectual calling, and an even more possibly one day the courts will decide. But for apportionment and one with sam- demanding public trust. of one thing the conference had no doubt: the pling for all other purposes. I can ap- There is no agency of which this is more common-sense case is irrefutable. America preciate why some people don’t want a true than the Bureau of the Census, the first, needs to count all its people. (And recip- two-number census. The country would still the most important, information-gath- rocally, all its people need to make them- be better served with only a single- ering agency of the federal government. For selves available to be counted.) But if the number census as long as it’s the best getting on, now, for two centuries, the Cen- legal case adds any strength to the common- sus has collected and compiled the essential sense argument, it remains only to add that number the Census Bureau can come facts of the American experience. Of late the should either of the arguments bring some up with. However, some in Congress ten-year cycle has begun to modulate some- improvement in the future, ti will be but an- would use the appropriations process to what, and as more an more current reports other instance of the generosity of the Car- stymie the census. have been forthcoming, the Census has been negie Corporation, which provided funds for Mr. President, the census is done quietly transforming itself into a continu- the conference and for this publication. only once per decade, it is too impor- ously flowing source of information about Mr. BINGAMAN. Mr. President, I am tant to decide this issue as part of the the American people. In turn, American soci- pleased to speak in support of this im- annual appropriation process. This bill ety has become more and more dependent on it. It would be difficult to find an aspect of portant legislation being introduced will assure that the Census Bureau has public or private life not touched and some- today by my friend from New York, available the very best tools for this how shaped by Census information. And yet Senator MOYNIHAN. This bill turns into important task. Science-based sam- for all this, it is somehow ignored. To de- law what we all recognize is the only pling is the only way to give America clare that the Census is without friends practical way to count our citizens in the quality we demand in our census. It would be absurd. But partisans? When Census the decennial census. There is no ques- is inconceivable to me that anyone appropriations are cut, who bleeds on Capitol tion—the science is unequivocal—sam- would support a second-rate census. Hill or in the Executive Office of the Presi- pling is the only way to assure an accu- I am pleased to support this bill, and dent? The answer is almost everyone in gen- I hope the Senate will take prompt ac- eral, and therefore no one in particular. But rate census. the result, too often, is the neglect, even the Not only does sampling provide a bet- tion on it. I also urge the House to abuse, of an indispensable public institution, ter census, it costs less than all other move forward quickly to pass this im- which often of late has served better than it alternative methods—as much as $3 bil- portant legislation. I thank Mr. MOY- has been served. lion less. What could be clearer? Sam- NIHAN for his efforts.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1173 By Mr. KYL (for himself and Mr. River Basin Salinity Control Act (P.L. 93– Mr. President, the Federal budget MCCAIN): 320, 42 U.S.C. 1571). process has become a reckless game in S. 356. A bill to authorize the Sec- SEC. 5. REPORT.—If transfer of works, fa- which the team roster is limited to a retary of the Interior to convey certain cilities, and lands pursuant to the Agree- handful of Washington politicians and ment has not occurred by July 1, 2000, the works, facilities, and titles of the Gila Secretary shall report on the status of the technocrats while the taxpayers are Project, and designated lands within or transfer as provided in section 5 of the relegated to the sidelines. adjacent to the Gila Project, to the Agreement. This has not only weakened the na- Wellton-Mohawk Irrigation and Drain- SEC. 6. AUTHORIZATION.—There are author- tion’s fiscal discipline but also under- age District, and for other purposes; to ized to be appropriated such sums as may be mined the system of checks and bal- the Committee on Energy and Natural necessary to carry out the provisions of this ances established by the Constitution. Resources. Act. The most recent example of this abu- WELLTON-MOHAWK PROJECT TRANSFER sive process was the 1998 Omnibus Ap- By Mr. GRAMS: propriation legislation. The bill in- Mr. KYL. Mr. President, I rise today S. 357. A bill to amend the Federal cluded $520 billion in funding for many to introduce a bill to transfer title to Crop Insurance Act to establish a pilot essential Government programs, rep- the Wellton-Mohawk Irrigation and program in certain States to provide Drainage District in Yuma, Arizona resenting 8 out of Congress’ 13 annual improved crop insurance options for appropriations bills. from the Federal government to the producers; to the Committee on Agri- project beneficiaries. If you think this But the entire negotiations were ex- culture, Nutrition, and Forestry. clusive, arbitrary, and conducted be- sounds like deja vu, you would be cor- FEDERAL CROP INSURANCE REFORM ACT rect—it is. In May of 1998, during the hind closed doors by only a few con- gressional leaders and White House 105th Congress, I introduced the same By Mr. GRAMS: staff. bill. The version I introduce today is S. 358. A bill to freeze Federal discre- Few Members of the Congress had the same version the passed the Senate tionary spending at fiscal year 2000 lev- any idea what was in the bill but were at the end of last Congress. The bill els, to extend the discretionary budget asked to approve it, without debate, was approved by all the relevant House caps until the year 2010, and to require without adequate review, without and Senate Committees, passed by the a two-thirds vote of the Senate to amendments, and without roll call Senate, included in a package of simi- breach caps; to the Committee on the votes. lar bills in the House, but, for reasons Budget and the Committee on Govern- As a result, Washington broke the that I have not been able to determine, mental Affairs, jointly, pursuant to the spending caps mandated in last year’s never managed to get signed into law. order of August 4, 1977 with instruc- Balanced Budget Act by spending more And this particular project transfer tions that if one Committee reports, than $21 billion of the surplus for so- was one Regional Director Bob John- the other Committee have thirty days called ‘‘emergency’’ purposes. son called ‘‘low hanging fruit.’’ In a to report or be discharged. Budget negotiators magically in- meeting in my office, he assured me BUDGET REFORM LEGISLATION vented a new smoke and mirrors budg- that the Wellton-Mohawk project was a et term—‘‘forward funding’’ which ‘‘perfect example’’ of the kind of shifted $9.3 billion into future budgets. By Mr. GRAMS (for himself and project that should transfer under the Long-criticized ‘‘backdoor spending’’ Mr. CRAPO): administration’s 1995 Framework for thrived: for example, lawmakers S. 359. A bill to establish procedures Transfer. So this is exactly the kind of sneaked $1 billion to fund programs to to provide for a taxpayer protection project the Department of the Interior achieve initiatives under the Kyoto lock-box and related downward adjust- should transfer project title from the treaty. The White House has not sent ment of discretionary spending limits, Department to the project bene- up the Treaty and the Congress has to provide for additional deficit reduc- ficiaries. many reservations about it. Mr. President, I would like to thank tion with funds resulting from the Without any policy consideration, Senator JOHN MCCAIN for cosponsoring stimulative effect of revenue reduc- hundreds of millions of taxpayer dol- this bill with me and I ask unanimous tions, and to provide for the retirement lars went to fund such pork programs consent that the text of the bill be security of current and future retirees as, amazingly, caffeinated chewing printed in the RECORD. through reforms of the Old Age Sur- gum research. There being no objection, the bill was vivor and Disability Insurance Act; to The budget process is seriously ordered to be printed in the RECORD, as the Committee on the Budget and the flawed. Twenty-five years ago, Con- follows: Committee on Governmental Affairs, gress tried to change its budget prac- S. 356 jointly, pursuant to the order of Au- tices and get spending under control by Be it enacted by the Senate and House of Rep- gust 4, 1977, with instructions that if passing the Congressional Budget Act. resentatives of the United States of America in one Committee reports, the other Com- Yet, over these 25 years, our national Congress assembled, mittee have thirty days to report or be debt has grown from $540 billion to $5.6 SEC. 1. SHORT TITLE.—This Act may be re- discharged. trillion. ferred to as the ‘‘Wellton-Mohawk Transfer TAXPAYER PROTECTION LOCK-BOX LEGISLATION Spending is at an all-time high, and Act’’. Mr. GRAMS. Mr. President, I have a so are taxes. The budget process has SEC. 2. TRANSFER.—The Secretary of the Interior (‘‘Secretary’’) is authorized to carry number of bills I want to introduce become so complicated that most law- out the terms of the Memorandum of Agree- today. I want to start out by talking a makers have a hard time under- ment No. 8–AA–34–WAO14 (‘‘Agreement’’) little bit about the three bills dealing standing it. Of course, that hasn’t dated July 10, 1998 between the Secretary with budget reform, and then also an stopped the proliferation of budget and the Wellton-Mohawk Irrigation and important bill leading to crop insur- gimmicks to circumvent the intent of Drainage District (‘‘District’’) providing for ance reform. the Congress. the transfer of works, facilities, and lands to Mr. President, I rise today to intro- Before the situation explodes com- the District, including conveyance of Ac- duce these bills that would reform the pletely, Congress must immediately re- quired Lands, Public Lands, and Withdrawn Federal budget process, strengthen fis- Lands, as defined in the Agreement. form the budget process to ensure the SEC. 3. WATER AND POWER CONTRACTS.— cal discipline and restore Government integrity of our budget and appropria- Notwithstanding the transfer, the Secretary accountability to ensure that tax- tions process. We can begin in the 106th and the Secretary of Energy shall provide for payers are fully represented in Wash- Congress by taking a few simple steps. and deliver Colorado River water and ington. The first step is to ensure our gov- Parker-Davis Project Priority Use Power to I commend Leader LOTT and Chair- ernment’s continued operation without the District in accordance with the terms of man DOMENICI for including budget any interruption. Last week, I intro- existing contracts with the District, includ- process reform as one of the top five duced important legislation that would ing any amendments or supplements thereto or extensions thereof and as provided under priorities in the 106th Congress. I be- continue funding for the Government section 2 of the Agreement. lieve this should be our immediate pri- at the prior year’s level when Congress SEC. 4. SAVINGS.—Nothing in this Act shall ority as we prepare to make our budget and the President fail to complete ap- affect any obligations under the Colorado process work better. propriations legislation.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1174 CONGRESSIONAL RECORD — SENATE February 3, 1999 Mr. President, we all still have a Instead, Congress and the Adminis- of so-called ‘‘emergency spending’’ in fresh memory of the 1995 Federal Gov- tration have used this as an oppor- the omnibus spending legislation and ernment shutdown, the longest one in tunity to bust the budget for a lot of again broke the caps. history, which caused financial damage spending that is not emergency related Again and again, Washington lowers and inconvenience to millions of Amer- at all. Most of this spending can be the fiscal bar and then jumps over it at icans when the President refused to planned within our budget limits. Even the expense of the American taxpayers. support a Balanced Budget Act and tax natural disasters happen regularly— This is wrong. Mr. President. If we relief for Americans. why not put something in our budget commit to living within the statutory However, the most serious damage to pay for them? spending caps, we must stick to it. We done by the 27-day shutdown was that That is why I am introducing the must use every tool available to en- it shook the American people’s con- ‘‘Emergency Spending Control Act’’ force these spending limits. fidence in their Government and in today as well. This legislation would My legislation will help Congress to their elected officials. require the President to submit a line enforce its fiscal discipline by creating I am concerned that President Clin- item in his budget for natural disaster a new budget point of order to allow ton would use this technique again to relief funding. The funding levels for Congress to exceed spending limits force Congress into spending more this line item would be based on the only if two-thirds of its members vote money. I believe we can do better for average spending of the last five years to do so. the taxpayers and believe my legisla- on natural disaster relief. In addition, my bill would extend the tion, the Good Government bill, will The amount in this line item would limits beyond the year 2000. Doing so help to do that. not be subject to the current spending will ensure that spending increases In May of 1997, I first proposed this as caps. The funding of this budget line won’t grow faster than the income a stand-alone vote in an effort to pass item must be used exclusively for nat- growth of working Americans. the flood relief bill for Northern Min- ural disaster relief—any use for non- There are many other budget process nesota. The Senate Democratic leader natural disasters is strictly prohibited. reforms I support as well, promoted by agreed and supported my proposal. I Mr. President, as a Senator whose other Senators. One I would like to was able to obtain a commitment from State has been previously devastated highlight is the biennial budget, which the Senate leadership of both parties to by the 1997 flood of the Red and Min- is proposed by our distinguished col- pursue the legislation separately in the nesota Rivers, tornadoes, snow, ice and league, Senator DOMENICI. Biennial near future. other natural disasters, I know how budgeting will allow us to examine our Last summer, I sought to offer it as important enacting this legislation is fiscal discipline as well as providing an amendment to an appropriations not only for Minnesotans, but for all valuable time for our oversight respon- bill. This amendment, originally spon- Americans. sibilities. sored by Senator MCCAIN, would have Fortunately, city mayors, the State If the Congress adopts each of these created an automatic procedure for a of Minnesota, and the Federal Emer- changes, it will ensure a budget process CR at the end of each fiscal year. Un- gency Management Agency acted that serves the best interests of the na- fortunately, my efforts were not suc- quickly in the Red River Valley, and tion, allows careful policy and spending cessful. the rebuilding process moved relatively deliberation, and strengthens our polit- If I had succeeded, we would not have fast. ical institution of government through had to go through the debacle last Local governments continue to work representation as established by the year’s omnibus spending bill. closely with my office and with State Constitution. Mr. President, we all have different and Federal agencies to answer the Mr. President, finally I want to take philosophies and policies on budget pri- many questions that still arise as peo- a few minutes to introduce a bill which orities, and of course we will not al- ple seek to rebuild their homes, their takes an important step toward im- ways agree. businesses, and the rest of their lives. But there are essential functions and We owe it to these Minnesotans and proving the nation’s federal crop insur- services of the Federal Government we other Americans who have been faced ance program—and that is a bill that I must continue to fund regardless of our with a natural disaster to require the have introduced, the ‘‘Crop Insurance differences in budget priorities. Pro- President to submit a line item in his Reform Act.’’ gram funding must be based on merits, budget for natural disaster relief fund- Last year, we witnessed devastating not on political leverage. ing. circumstances come together to create This legislation would continue fund- Local and State officials should not a crisis atmosphere for many of our na- ing for the Federal Government at 100 be required to come to Washington and tion’s farmers. I know that in my own percent of the previous year’s level lobby for funding every time that a state of Minnesota, multiple years of when Congress and the President fail natural disaster occurs. We should not wet weather and crop disease—espe- to complete appropriations legislation have to consider and pass separate cially scab—coupled with rising pro- at the end of any fiscal year. ‘‘emergency’’ legislation which be- duction costs and plummeting com- The virtue of this legislation is that comes a magnet for other so-called modity prices have devastated family it would allow us to debate issues con- emergency spending. Disasters occur farms in record numbers. cerning spending policy and the merits every year, we should budget for them. With the increased opportunities of budget priorities while we continue Mr. President, the second to the last that accompany Freedom to Farm to keep essential Government func- bill I am introducing today is a bill to come increased risks. We’ve seen this tions operating. The American tax- enforce and expand the statutory first hand. payer will no longer be held hostage to spending caps. Spending limits are a Freedom to Farm can work, but a a Government shutdown. good tool to control spending—if the necessary component of it, as I have Mr. President, there are still plenty President and lawmakers stick to argued repeatedly, is an adequate crop of uncertainties involved in our budget them. But since the establishment of insurance program. This component and appropriations process, particu- statutory spending limits, Washington has been missing so far. One of the larly this year. We must ensure that has repeatedly broken them. promises made during debate of the this good-government contingency plan Washington set forth new spending 1996 Farm Bill was that Congress would is adopted to keep the Government up caps in 1990 after it failed to meet its address the need for better crop insur- and running in the event a budget deficit reduction targets. In 1993, Presi- ance. agreement is not reached. dent Clinton broke the statutory We must not let another growing sea- Another step we must take is to con- spending caps for his new spending in- son pass without having instituted a trol our emergency spending. Emer- creases and created new caps. new, effective crop insurance program. gency spending is spending over the But in 1997, the President could not This overhaul is a major under- budget allotment and is supposed to live within his own spending caps, and taking, and instituting a program of cover true emergencies, such as nat- he broke them again. Last year, Presi- comprehensive reform should be and is ural disaster relief. dent Clinton proposed over $22 billion now a legislative priority.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1175 In fact, the President has included a ments, arguably the most expensive The budget surpluses also give us a number of ideas for reforming the fed- way to address any kind of financial great opportunity to address our other eral crop insurance program in his re- crisis. But more importantly, the fam- long-term financial imbalances. Fed- cent budget proposal. Most impor- ily farmer saves. eral unfunded liabilities could eventu- tantly, the President has suggested in- This bill is part of a continued effort ally top $20 trillion, bankrupting our creasing the federal subsidies on crop to reform Federal Crop Insurance. government if no real reform occurs. insurance premiums and eliminating Over the next few months, I will con- It’s vitally important that we use the disparities in subsidy rates. Essen- tinue to work with my Crop Insurance entire Social Security surplus exclu- tially, this is similar to legislation I Work Group, and my colleagues, Sen- sively for Social Security, and we introduced last year and am intro- ators LUGAR and ROBERTS, to craft a should even use a portion of the non- ducing again today. Unfortunately, comprehensive program which directly Social Security surplus to finance So- while the President claims to support benefits producers and also will be here cial Security reforms. to protect the taxpayers. crop insurance reform, he has failed to If we don’t lock in the surplus, Wash- Mr. GRAMS. Mr. President, the sec- identify any money in his budget to ington will spend all of it to expand the ond bill I am introducing with my good fund it. However, now that he has rec- government. That’s what they are friend, Senator CRAPO of Idaho, is ognized the urgency of the situation, I doing now. Last month alone, Presi- hope we can work together to accom- lockbox legislation. Before being elected to the Senate in dent Clinton proposed 41 new programs. plish meaningful reform. The spending increases he outlined 1998, MIKE CRAPO led the fight to enact Furthermore, we must resume the could reach $300 billion a year, the debate now so that we can have the the Lock Box legislation in the House of Representatives. His version of the highest increase proposed by any Presi- best system in place in time, and that dent in our history. we can do it in time for the year 2000 Lock Box legislation was passed by the crops. The bill I am introducing today House of Representatives on four dif- Mr. President, we must never, never, is a first step. It is the result of months ferent occassions, both as a free stand- never repeat the mistake we made in of work from my Minnesota Crop In- ing bill and as an amendment. I am 1997 and 1998, and allow Washington surance Work Group. pleased to have Senator CRAPO as a take a huge bite into the taxpayers’ The Work Group consists of various partner on this legislation in the Sen- money. We must do everything we can commodity groups, farm organizations, ate. to ensure we reserve any increased rev- rural lenders, and agriculture econo- Mr. President, our short-term fiscal enue for Social Security, tax relief and mists. We have also worked closely situation has improved greatly due to debt reduction. with USDA’s Farm Service and Risk the continued growth of our economy. Management Agencies. But it was my It is reported that we may end up with By Mr. LAUTENBERG (for him- primary intention to assemble a com- a unified budget surplus of over $80 bil- self and Mr. TORRICELLI): mittee of farmers and lenders—people lion this year and a $4.5 trillion surplus S. 362. A bill to authorize appropria- who know the situation and have seen in the next 15 years. tions for the Coastal Heritage Trail the problems firsthand. Of course, tax dollars are always con- Route in New Jersey, and for other pur- The Crop Insurance Reform Act is de- sidered ‘‘free money’’ by the big spend- poses; to the Committee on Energy and signed to address the coverage decision ers here in Washington, and the Natural Resources. a farmer must make at the initial thought of all that new ‘‘free surplus LEGISLATION TO REAUTHORIZE THE NEW JERSEY stages of purchasing crop insurance. money’’ is creating a feeding frenzy on COASTAL HERITAGE TRAIL ROUTE Capitol Hill. Producers have been telling us that Mr. LAUTENBERG. Mr. President, If we don’t lock away this increased they need better coverage, but that it today I am introducing legislation to revenue for the taxpayers, the govern- is currently too expensive. reauthorize the New Jersey Coastal ment will spend every penny of it. De- My bill will allow more options for Heritage Trail Route so that we can spite the rhetoric about reserving it all producers to choose from when making allow the National Park Service, to- for Social Security, Washington has al- risk-management decisions. It essen- gether with its partners, to complete ready spent $30 billion of last year’s tially provides farmers with an en- its work in bringing recognition to hanced coverage product at a more af- budget surplus. We need a lockbox to dedicate any New Jersey’s rich coastal history. I am fordable price. pleased to be joined by Senator Currently, producer premium sub- increased revenue in the future and re- TORRICELLI in sponsoring this legisla- sidies range from nearly 42 percent at turn it to the taxpayers as tax relief, tion. the 100 percent price election for 65 per- debt reduction, and Social Security re- cent coverage, to only 13 percent at the form. The Coastal Heritage Trail Route 100 percent price election for 85 percent Since the unexpected revenue has was first authorized in 1988 through coverage. Although the Risk Manage- come directly from working Ameri- legislation sponsored by former Sen- ment Agency has recently provided cans, I believe it is only fair to return ator Bill Bradley and myself. This leg- better product options, the relatively it to them. The tax burden on the islation authorized the Secretary of low subsidy levels at the higher ends of American people is still historically the Interior to design a vehicular route coverage make them cost prohibitive. high. It’s sound policy to use our non- that would enable the public to enjoy My bill will put in place a flat sub- Social Security surplus to lower the the nationally significant natural and sidy level of 31 percent across the 100 tax burden and allow families to keep a cultural sites along the New Jersey percent price election and at all levels little more of their hard-earned money. coastline. Thanks to the work of the of coverage. Over the past 30 years, as I men- National Park Service, the Coastal This will adjust the producer pre- tioned, we have amassed a $5.6 trillion Heritage Trail Route will, at comple- miums to make better coverage more national debt thanks to Washington’s tion, have five theme trails to allow for affordable, thereby removing the in- culture of spending. A newborn child the self-discovery of topics ranging centive from purchasing lesser-grade today will bear over $20,000 of that debt from maritime history to wildlife mi- coverage. The Crop Insurance Reform the moment he or she comes into the gration. These five vehicular discovery Act puts the focus of the coverage deci- world. Each year, we sink more than trails will travel along the coast of sion on what really matters: and that $250 billion into the black hole of inter- New Jersey, through eight different is the type of coverage which would be est payments, which could be better counties, by way of the Garden State needed in the event of a disaster or spent fighting crime, maintaining Parkway and State Highway 49. loss, rather than simply making the roads and bridges, and equipping the The first theme trail completed is decision based upon up-front costs. military. It’s sound policy to use part the Maritime History trail. The pur- When farmers are armed with the of any surpluses to begin paying down pose of this trail is to explore the necessary risk management tools, I be- the national debt and reducing the fi- coastal trade, defense of the nation, lieve everybody will save. The govern- nancial burden on the next genera- and fishing and ship building indus- ment saves in ad hoc disaster pay- tions. tries. The second trail is the Coastal

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1176 CONGRESSIONAL RECORD — SENATE February 3, 1999 Habitats trail. This trail enables visi- have been lost. And there would be a As many of my colleagues know, I tors to learn about the special natural severe impact on tourism if the five have an initiative called ‘‘rural pay- resources of the New Jersey coast and themes are not fully developed. day’’ and I believe this Bill is yet an- the plants, animals and especially birds Mr. President, I just wanted to take other step in creating jobs for our rural that live there. The recently opened a moment to commend Senator MUR- areas. All too often a rural area is Wildlife Migrations trail, allows indi- KOWSKI, the Chairman of the Senate characterized by a high number of low viduals to explore the special places Energy and Natural Resources Com- income residents and a high unemploy- that migrating species depend on along mittee and Senator THOMAS, the Chair- ment rate. New Jersey’s coast. A fourth trail is man of the Subcommittee on National Moreover, our rural areas are often the Historic Settlements trail. When Parks, Historic Preservation, and dependent upon a small number of em- completed, this trail will bring the his- Recreation. They and the members of ployers or a single industry for employ- toric communities whose economies their staff worked hard in the last Con- ment opportunities. Consequently, were based on local natural resources gress to mark up this legislation and when there is a plant closing, a down- to life. The final tour, Relaxation and report it favorably to the full Senate. turn in the economy, or a slowdown in Inspiration, will depict how people Although this bill was approved over- the area’s industry the already present have traditionally used their leisure whelmingly by my colleagues in the problems are only compounded. time, at places such as religious re- Senate in the last Congress, the House Mr. President, I would also like to treats and historic boardwalks. of Representatives did not vote on this take a moment and talk about New The project, which was originally legislation prior to adjournment, and Mexico. conceived and designed to recognize thus we must begin again. I have every While New Mexico may be the 5th the importance of New Jersey’s coastal confidence that this important legisla- largest state by size with its beautiful areas in our nation’s history, has tion will pass both houses of Congress mountains, desert, and Great Plains grown into a rich partnership between in a timely fashion during this session. and vibrant cities such as Albuquerque, Santa Fe, and Las Cruces it is also a the federal government, state and local Just today, the House Resources Com- very rural state. The Northwest and governments, and private individuals. mittee reported out the House version Southeast portions of the state are This partnership demonstrates a com- of this bill, H.R. 171, introduced by closely tied to the fortunes of the oil mitment among many levels of govern- Rep. FRANK A. LOBIONDO. and gas industry. Additionally, a com- ment and the private sector to bringing The completion of the Coastal Herit- munity can be dealt a severe blow with history to life. age Trail Route is an important pri- the closing or downsizing of an em- Mr. President, the New Jersey Coast- ority for New Jersey. The trail system ployer or manufacturing plant. al Heritage Trail Route is clearly one will provide a sense of history, not of the National Park Service’s success I would also like to mention that solely for the residents of New Jersey, communities like Clovis and Roswell stories. Legislation to renew authoriza- but for its visitors as well. By repeal- tion for the trail enacted in 1994 appro- are already taking steps to lay the ing the sunset provision on the original foundation for creating jobs through priately called upon the Park Service act, and increasing the authorization, to match 50 percent of its federal fund- the Call Center Industry. Just recently the National Park Service will be al- in Clovis, over a 1,000 people partici- ing with non-federal funds. I am lowed to complete the project that de- pated in a Career Expo that focused on pleased to report that the Service has serves to be finished. attracting Call Center companies to gone well beyond that matching re- I ask unanimous consent that copy of the area. quirement. Since 1994, appropriations the bill be printed in the RECORD. As I stated before, all too often rural for the Trail Route totaled $1.8 million. There being no objection, the bill was areas do not possess the resources of During that same period, the Park ordered to be printed in the RECORD, as more metropolitan areas and can be Service has raised $2.8 million in follows: devastated by a single event or down- matching funds. S. 362 turn in the economy. The Bill I am in- However, the work is not yet fin- Be it enacted by the Senate and House of Rep- troducing today will allow commu- ished. Even though the Park Service resentatives of the United States of America in nities, like those I just mentioned, to has been able to meet the funding re- Congress assembled, apply for Federal aid to assist them in quirements, at this time, only the first SECTION 1. AUTHORIZATION OF APPROPRIA- taking the next step in attracting tele- three trails have been completed. The TIONS. Section 6 of Public Law 100–515 (16 U.S.C. communications jobs. Park Service plans call for completing The Bill will allow the Secretary of the two remaining trails, and adding 1244 note) is amended— (1) in subsection (b)(1), by striking Labor to establish a program to pro- three new visitor centers and interpre- ‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’; and mote rural employment in the tele- tive materials to aid school children as (2) in subsection (c), by striking ‘‘five’’ and communications industry by providing they learn about New Jersey’s history. inserting ‘‘10’’. grants to states with low income rural Our bill would make this possible by areas. The program will be a win win increasing the authorization level for By Mr. DOMENICI: proposition for all involved because the trail to $4 million, and extend the S. 363. A bill to establish a program employers choosing to participate in authorization to the Year 2004, which for training residents of low-income the project by bringing jobs to the would give the Park Service the addi- rural areas for, and employing the resi- rural area will be assured of a highly tional time it needs to complete the dents in, new telecommunications in- skilled workforce. Trail Route. dustry jobs located in rural areas, and The program will provide residents The Coastal Heritage Trail Route for other purposes; to the Committee with intensive services to train them brings national recognition and stature on Health, Education, Labor, and Pen- for the new jobs in the telecommuni- to many of New Jersey’s special places, sions. cations industry. The intensive serv- and helps to contribute to New Jersey’s THE RURAL EMPLOYMENT IN ices will include customized training number two industry, tourism. Most TELECOMMUNICATIONS INDUSTRY ACT OF 1999 and appropriate remedial training, sup- importantly, the Trail Route provides Mr. DOMENICI. Mr. President, I rise port services and placement of the in- residents and visitors with an oppor- today with great pleasure to introduce dividual in one of the new jobs created tunity to explore New Jersey’s natural ‘‘The Rural Employment in Tele- by the program. and cultural history and develop an ap- communications Industry Act of 1999.’’ And that is what this bill is about, preciation for its importance. But what The introduction of this Bill marks a providing people with the tools needed should happen if we don’t reauthorize historic opportunity for rural commu- to succeed. With these steps we are em- the funds for this program? Among nities to create jobs within the tele- barking on the road of providing our other effects, New Jersey residents and communications industry. The Bill es- rural areas throughout our nation with visitors to our state will have lost val- tablishes a program to train residents a vehicle to create jobs. We are cre- uable educational opportunities. Much of low income rural areas for employ- ating opportunities and an environ- of the $2 million in grants that the ment in telecommunications industry ment where our citizens can succeed project has successfully generated will jobs located in those same rural areas. and our communities can be vibrant.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1177 By Mr. BOND (for himself, Mr. after-tax income. This provision is in- (1) in subsection (d)(1)(C)(i), by striking KERRY, and Mr. LIEBERMAN): tended to permit ‘‘pass through’’ enter- ‘‘$800,000,000’’ and inserting ‘‘$1,200,000,000’’; S. 364. A bill to improve certain loan prises to be treated the same as enter- and programs of the Small Business Admin- prises that pay Federal taxes for pur- (2) in subsection (e)(1)(C)(i), by striking istration, and for other purposes; to poses of SBA size standard determina- ‘‘$900,000,000’’ and inserting ‘‘$1,500,000,000’’. the Committee on Small Business. tions. (c) DEFINITIONS.— SMALL BUSINESS INVESTMENT IMPROVEMENT The bill would also make a relatively (1) SMALL BUSINESS CONCERN.—Section ACT OF 1999 small change in the operation of the 103(5) of the Small Business Investment Act Mr. BOND. Mr. President, I rise program. This change, however, would of 1958 (15 U.S.C. 662(5)) is amended— today to introduce the Small Business help smaller, small businesses to be (A) by redesignating subparagraphs (A) Investment Improvement Act of 1999. I more attractive to investors. SBICs through (C) as clauses (i) through (iii), and am pleased to announce that two of my would be permitted to accept royalty indenting appropriately; colleagues from the Committee on payments contingent on future per- (B) in clause (iii), as redesignated, by add- ing ‘‘and’’ at the end; Small Business, Senator KERRY and formance from companies in which (C) by striking ‘‘purposes of this Act, an Senator LIEBERMAN, have joined as they invest as a form of equity return investment’’ and inserting the following: principal cosponsors. This is an impor- for their investment. SBA already permits SBICs to re- ‘‘purposes of this Act— tant bill for one simple reason: it ‘‘(A) an investment’’; and makes more investment capital avail- ceive warrants from small businesses, which give the investing SBIC the (D) by adding at the end the following: able to small businesses that are seek- ‘‘(B) in determining whether a business ing to grow and hire new employees. right to acquire a portion of the equity of the small business. By pledging roy- concern satisfies net income standards estab- In 1958, Congress created the SBIC lished pursuant to section 3(a)(2) of the Program to assist small business own- alties or warrants, the small business Small Business Act, if the business concern ers obtain investment capital. Forty is able to reduce the interest that is not required by law to pay Federal income years later, small businesses continue would otherwise be payable by the taxes at the enterprise level, but is required to experience difficulty in obtaining in- small business to the SBIC. Impor- to pass income through to the shareholders, vestment capital from banks and tradi- tantly, the royalty feature provides the partners, beneficiaries, or other equitable tional investment sources. Although smaller, small business with an incen- owners of the business concern, the net in- investment capital is readily available tive to attract SBIC investments when come of the business concern shall be deter- to large businesses from traditional the return may otherwise be insuffi- mined by allowing a deduction in an amount Wall Street investment firms, small cient to attract venture capital. equal to the sum of— Lastly, the bill increases the pro- businesses seeking investments in the ‘‘(i) if the business concern is not required gram authorization levels to fund Par- range of $500,000–$2.5 million have to by law to pay State (and local, if any) in- ticipating Securities. In Fiscal Year look elsewhere. SBICs are frequently come taxes at the enterprise level, the net 1999, the authorization level would in- income (determined without regard to this the only sources of investment capital crease from $800 million to $1.2 billion; subparagraph), multiplied by the marginal for growing small businesses. State income tax rate (or by the combined In 1992 and 1996, the Committee on in Fiscal Year 2000, it would increase State and local income tax rates, as applica- Small Business worked closely with from $900 million to $1.5 billion. The two increases have become necessary ble) that would have applied if the business the Small Business Administration to as the demand in the SBIC program concern were a corporation; and correct earlier deficiencies in the law was growing at a rapid rate. Higher au- ‘‘(ii) the net income (so determined) less in order to ensure the future of the pro- thorization levels are necessary if the any deduction for State (and local) income gram. Today, the SBIC Program is ex- SBIC Program is going to meet the de- taxes calculated under clause (i), multiplied panding rapidly in an effort to meet mand for investment capital from the by the marginal Federal income tax rate the growing demands of small business small business community. that would have applied if the business con- owners for debt and equity investment Mr. President, this is a sound legisla- cern were a corporation;’’. capital. tive proposal, which has the support of (2) SMALLER ENTERPRISE.—Section Last year, the Committee on Small many of my colleagues on the Com- 103(12)(A)(ii) of the Small Business Invest- Business approved a bill similar to the mittee on Small Business. It is my ment Act of 1958 (15 U.S.C. 662(12)(A)(ii)) is amended by inserting before the semicolon bill being introduced today. Today’s hope we will be able to conduct a com- bill includes two technical changes in at the end the following: ‘‘except that, for mittee markup of this bill in the near purposes of this clause, if the business con- the SBIC program. The first change re- future. moves a requirement that at least 50 cern is not required by law to pay Federal in- I ask unanimous consent that the come taxes at the enterprise level, but is re- percent of the annual program level of full text of the bill be printed in the the approved participating securities quired to pass income through to the share- RECORD. holders, partners, beneficiaries, or other eq- under the SBIC Program be reserved There being no objection, the bill was uitable owners of the business concern, the for funding with SBICs having private ordered to be printed in the RECORD, as net income of the business concern shall be capital of not more than $20 million. follows: determined by allowing a deduction in an The requirement has become obsolete S. 364 amount equal to the sum of— following SBA’s imposition of its lever- Be it enacted by the Senate and House of Rep- ‘‘(I) if the business concern is not required age commitment process and Congres- resentatives of the United States of America in by law to pay State (and local, if any) in- sional approval for SBA to issue five Congress assembled, come taxes at the enterprise level, the net year commitments for SBIC leverage. SECTION 1. SHORT TITLE. income (determined without regard to this This Act may be cited as the ‘‘Small Busi- The second technical change requires clause), multiplied by the marginal State in- ness Investment Improvement Act of 1999’’. come tax rate (or by the combined State and SBA to issue SBIC guarantees and SEC. 2. SBIC PROGRAM. trust certificates at periodic intervals (a) IN GENERAL.—Section 308(i)(2) of the local income tax rates, as applicable) that of not less than 12 months. The current Small Business Investment Act of 1958 (15 would have applied if the business concern requirement is six months. This change U.S.C. 687(i)(2)) is amended by adding at the were a corporation; and will give maximum flexibility for SBA end the following: ‘‘In this paragraph, the ‘‘(II) the net income (so determined) less and the SBIC industry to negotiate the term ‘interest’ includes only the maximum any deduction for State (and local) income taxes calculated under subclause (I), multi- placement of certificates that fund le- mandatory sum, expressed in dollars or as a percentage rate, that is payable with respect plied by the marginal Federal income tax verage and obtain the lowest possible to the business loan amount received by the rate that would have applied if the business interest rate. small business concern, and does not include concern were a corporation’’. The Small Business Investment Im- the value, if any, of contingent obligations, (d) TECHNICAL CORRECTIONS.— provement Act of 1999 clarifies the including warrants, royalty, or conversion (1) REPEAL.—Section 303(g) of the Small rights, granting the small business invest- rules for the determination of an eligi- Business Investment Act of 1958 (15 U.S.C. ble small business or small enterprise ment company an ownership interest in the equity or increased future revenue of the 683(g)) is amended by striking paragraph (13). that is not required to pay Federal in- (2) ISSUANCE OF GUARANTEES AND TRUST come tax at the corporate level, but small business concern receiving the busi- ness loan.’’. CERTIFICATES.—Section 320 of the Small that is required to pass income through (b) FUNDING LEVELS.—Section 20 of the Business Investment Act of 1958 (15 U.S.C. to its shareholders or partners by using Small Business Act (15 U.S.C. 631 note) is 687m) is amended by striking ‘‘6’’ and insert- a specified formula to compute its amended— ing ‘‘12’’.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1178 CONGRESSIONAL RECORD — SENATE February 3, 1999 (3) ELIMINATION OF TABLE OF CONTENTS.— By Mr. GORTON (for himself and tional federal subsidies for children the Section 101 of the Small Business Investment Mrs. MURRAY): state is now covering, it simply allows Act of 1958 (15 U.S.C. 661 note) is amended to S. 365. A bill to amend title XIX of Washington to continue to do the good read as follows: the Social Security Act, to allow work they have already started by fo- ‘‘SEC. 101. SHORT TITLE. States to use the funds available under cusing on new, uninsured children at ‘‘This Act may be cited as the ‘Small Busi- the State children’s health insurance ness Investment Act of 1958’.’’. low income levels first. program for an enhanced matching Mr. KERRY. Mr. President, today I rate for coverage of additional children By Mr. COCHRAN (for himself, join Chairman BOND in support of the under the Medicaid program; to the Mr. MOYNIHAN, and Mr. FRIST): Small Business Investment Company Committee on Finance. S.J. Res. 8. A joint resolution pro- Technical Corrections Act. CHILDREN’S HEALTH EQUITY ACT viding for the reappointment of Wesley The Small Business Investment Com- Mr. GORTON. Mr. President. In 1997, S. Williams, Jr., as a citizen regent of pany (SBIC) program is vital to our Congress and the President agreed to the Board of Regents of the Smithso- fastest growing small companies that provide $48 billion over the next 10 nian Institution; to the Committee on have capital needs exceeding the caps years as an incentive to states to pro- Rules and Administration. on SBA’s loan programs, but are not vide health care coverage to uninsured, large enough to be attractive to tradi- low-income children. To receive this By Mr. COCHRAN (for himself, tional venture capital investors. The money, states must expand eligibility Mr. MOYNIHAN, and Mr. FRIST): demand is clear: Last year, partici- levels to children living in families S.J. Res. 9. A joint resolution pro- pating securities in the SBIC program with incomes up to 200% of the federal viding for the reappointment of Dr. invested $360 million in 495 financings. poverty level. Hanna H. Gray as a citizen regent of In Massachusetts, where there is an Washington State has a strong record the Board of Regents of the Smithso- impressive community of fast-growing of ensuring that its low-income kids nian Institution; to the Committee on companies, particularly in the hi-tech have access to health care. Five years Rules and Administration. industry, there were 140 SBIC ago, my state decided to do what Con- By Mr. COCHRAN (for himself, financings, worth $145.4 million. gress and the President have just last Mr. MOYNIHAN, and Mr. FRIST): This legislation sets out to make five year required other states to do. In S.J. Res. 10. A joint resolution pro- technical changes. They range from 1994, Washington expanded its child viding for the reappointment of Barber improving the incentive for SBIC’s to Medicaid eligibility level to 200% of the B. Conable, Jr., as a citizen regent of loan money to small companies to federal poverty level (FPL) all the way the Board of Regents of the Smithso- structuring a fairer formula for deter- through to the age of 18. nian Institution; to the Committee on mining whether companies of the same During the negotiations of the 1997 Rules and Administration. revenue size can quality for SBIC fi- Balanced Budget Act (BBA), Congress nancing. One of the most important and the Administration recognized BOARD OF REGENTS OF THE SMITHSONIAN changes will increase the authorized that certain states were already under- INSTITUTION REAPPOINTMENTS levels for participating securities. taking Medicaid expansions up to or Mr. COCHRAN. Mr. President, today The Participating Securities compo- above 200 percent of FPL, and that I am introducing three Senate Joint nent of the SBIC program invests prin- they would be allowed to use the new Resolutions reappointing citizen re- cipally in the equities of new or ex- SCHIP funds. Unfortunately, this pro- gents of the Board of Regents of the panding businesses. To leverage the vision was limited to those states that Smithsonian Institution. I am pleased private capital of participating securi- enacted expansions on or after March that my fellow Smithsonian Institu- ties and better serve these fast-growing 31, 1997 and disallowed Washington tion Regents, Senators MOYNIHAN and businesses, I supported Senator LIE- from accessing the $230 million in FRIST are cosponsors. BERMAN’s amendment to H.R. 3412 dur- SCHIP funds it had been allocated At its meeting on January 25, 1999, ing the last Congress, which would through 2002. As a result, Washington the Smithsonian Institution Board of have raised the authorization level for State cannot use its SCHIP allotment Regents recommended the following participating securities from $800 mil- to cover the 90,000 children currently distinguished individuals for reappoint- lion to $1 billion in fiscal year 1999 and eligible, but not covered for health ment to six year terms effective April from $900 million to $1.2 billion in fis- care at or below 200 percent of poverty. 12, 1999: Barber B. Conable, Jr. of New cal year 2000. This bill passed the Sen- Exacerbating this inequity is the fact York; Dr. Hanna H. Gray of Illinois; ate Small Business Committee and the that many states have begun accessing and Mr. Wesley S. Williams, Jr. of the full Senate by unanimous consent, but their SCHIP allotments to cover kids District of Columbia. unfortunately, the House was unable to at poverty levels far below Washing- I ask unanimous consent that copies act on it before the 105th Congress ton’s current or past eligibility levels. of their biographies be included in the ended. The bill I am introducing today, RECORD. Since that amendment was intro- along with Senator MURRAY, corrects There being no objection, the mate- duced, we have seen that the need is this technicality and is a top priority rials were ordered to be printed in the even greater than those levels. The Ad- for the Washington State delegation in RECORD, as follows: ministration anticipates faster growth the 106th Congress. Congresswoman WESLEY S. WILLIAMS, JR. in the SBIC program because of both DUNN has introduced a companion Wesley S. Williams, Jr., of Washington, its increasing popularity and the in- measure in the House of Representa- D.C., has been associated with the law firm crease in additional personnel at the tives that is cosponsored by the entire of Covington & Burling since 1970 and a part- Small Business Administration to its Washington delegation. ner since 1975. He was previously legal coun- SBIC licensing unit. In fiscal years 1997 This bipartisan, bicameral initiative sel to the Senate Committee on the District and 1998, SBA licensed approximately represents a thoughtful, carefully- of Columbia, a teaching fellow at Columbia 30 new SBIC’s per year. With more staff University Law School, and Special Counsel crafted response to the unintended con- to the District of Columbia Council. He is devoted to the licensing unit, SBA sequences of SCHIP and brings much currently active on many corporate and non- projects that it will license more than needed assistance to children currently profit boards and has participated in the double that amount in fiscal year 1999. at risk. Rather than simply changing Smithsonian Luncheon Group. He was ap- Accordingly, Senator BOND’s Act would the effective date included in the BBA, pointed to the Board of Regents in April 1993, increase the authorization level to $1.2 this initiative includes strong mainte- chairs its Investment Policy Committee, and billion in FY99 and to $1.5 billion in nance of effort language as well as in- serves on the Regents’ Executive Committee, FY2000. centives for our state to find those Nominating Committee, Committee on Pol- Mr. President, I am pleased to co- icy, Programs, and Planning, and ad hoc 90,000 uninsured kids because we feel Committee on Business. He also served on sponsor this legislation and I applaud strongly that they receive the health the Regents’ Search Committee for a New the work of my colleagues on the Sen- coverage for which they are eligible. Secretary, and he is a member of the Com- ate Small Business Committee, Chair- This bill does not take money from mission of the National Museum of American man BOND and Senator LIEBERMAN. other states nor does it provide addi- Art.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1179 HANNA HOLBORN GRAY World Bank Group, headquartered in Wash- (Mr. SESSIONS), the Senator from Iowa The Harry Pratt Judson Distinguished Serv- ington, D.C. The World Bank promotes eco- (Mr. GRASSLEY), and the Senator from nomic growth and an equitable distribution ice Professor of History, The University of Arkansas (Mr. HUTCHINSON) were added Chicago of the benefits of that growth to improve the quality of life for people in developing coun- as cosponsors of S. 11, a bill for the re- Hanna H. Gray was President of the Uni- lief of Wei Jingsheng. versity of Chicago from July 1, 1978 through tries. Mr. Conable was a Member of the House of S. 17 June 30, 1993, and is now President Emeritus. Mrs. Gray is a historian with special inter- Representatives from 1965–1985. In Congress, At the request of Mr. DODD, the name ests in the history of humanism, political he served 18 years on the House Ways and of the Senator from Michigan (Mr. Means Committee, the last eight years as its and historical thought, and politics in the LEVIN) was added as a cosponsor of S. Renaissance and the Reformation. She Ranking Minority Member. He served in var- ious capacities for 14 years in the House Re- 17, a bill to increase the availability, taught history at the University of Chicago affordability, and quality of child care. from 1961 to 1972 and is now the Harry Pratt publican Leadership, including Chairman of Judson Distinguished Service Professor of the Republican Policy Committee and the S. 30 Republican Research Committee. During his History in the University of Chicago’s De- At the request of Mr. DASCHLE, the congressional service, he also was a member partment of History. name of the Senator from North Da- of the Joint Economic Committee and the She was born on October 25, 1930, in Heidel- kota (Mr. CONRAD) was added as a co- berg, Germany. She received her B.A. degree House Budget and Ethics committees. Following Mr. Conable’s retirement from sponsor of S. 30, a bill to provide from Bryn Mawr in 1950 and her Ph.D. in his- Congress, he served on the Boards of four countercylical income loss protection tory from Harvard University in 1957. From multinational corporations and the Board of 1950 to 1951, she was a Fulbright Scholar at to offset extreme losses resulting from the New York Stock Exchange. He also was Oxford University. severe economic and weather-related She was an instructor at Bryn Mawr Col- active in foundation, museum, and nonprofit events, and for other purposes. work, and was a Distinguished Professor at lege in 1953–54 and taught at Harvard from the University of Rochester. S. 56 1955 to 1960, returning as a Visiting Lecturer Currently Mr. Conable serves on the Board At the request of Mr. KYL, the name in 1963–64. In 1961, she became a member of of Directors of Corning, Inc., Pfizer, Inc., the of the Senator from Utah (Mr. BEN- the University of Chicago’s faculty as Assist- American International Group, Inc., and the ant Professor of History, becoming Associate NETT) was added as a cosponsor of S. 56, First Empire State Corporation. In addition, a bill to repeal the Federal estate and Professor in 1964. he is a Trustee of Cornell University and of Mrs. Gray was appointed Dean of the Col- gift taxes and the tax on generation- the National Museum of the American In- lege of Arts and Sciences and Professor of dian of the Smithsonian Institution. He has skipping transfers. History at Northwestern University in 1972. chaired the Museum’s development com- S. 101 In 1974, she was elected Provost of Yale Uni- mittee since October, 1990 and is a member of At the request of Mr. LUGAR, the versity with an appointment as Professor of its International Founders Council, the vol- History. From 1977 to 1978, she also served as name of the Senator from Minnesota unteer committee for the National Campaign (Mr. GRAMS) was added as a cosponsor Acting President of Yale. to raise funds for construction of the Mu- She has been a Fellow of the Newberry Li- of S. 101, a bill to promote trade in seum on the Mall. brary, a Fellow of the Center of Behavioral Mr. Conable is a native of Warsaw, New United States agricultural commod- Sciences, a Visiting Scholar at that center, a York and graduated from Cornell University ities, livestock, and value-added prod- Visiting Professor at the University of Cali- and Cornell Law School. He was a Marine in ucts, and to prepare for future bilateral fornia at Berkeley, and a Visiting Scholar World War II and the Korean War. and multilateral trade negotiations. for Phi Beta Kappa. She is also an Honorary Mr. and Mrs. Conable are parents of three S. 125 Fellow of St. Anne’s College, Oxford. daughters and a son. They reside in Alex- Mrs. Gray is a member of the Renaissance ander, New York. At the request of Mr. FEINGOLD, the Society of America. She is a fellow of the name of the Senator from Arizona (Mr. f American Academy of Arts and Sciences and KYL) was added as a cosponsor of S. 125, a member of the American Philosophical So- ADDITIONAL COSPONSORS a bill to reduce the number of execu- ciety, the National Academy of Education, and the Council on Foreign Relations of New S. 2 tive branch political appointees. York. She holds honorary degrees from a At the request of Mr. JEFFORDS, the S. 129 number of colleges and universities, includ- names of the Senator from Nebraska At the request of Mr. FEINGOLD, the ing Oxford, Yale, Brown, Columbia, Prince- (Mr. HAGEL) and the Senator from Lou- name of the Senator from Wisconsin ton, Duke, Harvard, and the Universities of isiana (Ms. LANDRIEU) were added as (Mr. KOHL) was added as a cosponsor of Michigan and Toronto, and The University of cosponsors of S. 2, a bill to extend pro- S. 129, a bill to terminate the F/A–18E/ Chicago. grams and activities under the Elemen- F aircraft program. She is chairman of the boards of the An- tary and Secondary Education Act of drew W. Mellon Foundation and the Howard S. 138 1965. Hughes Medical Institute, serves on the At the request of Mr. KYL, the names S. 4 boards of Harvard University and the Marl- of the Senator from Idaho (Mr. CRAIG) boro School of Music, and is a Regent of the At the request of Mr. ROBB, his name and the Senator from Georgia (Mr. Smithsonian Institution. was added as a cosponsor of S. 4, a bill COVERDELL) were added as cosponsors In addition, Mrs. Gray is a member of the to improve pay and retirement equity boards of directors of J.P. Morgan & Com- of S. 138, a bill to amend the Internal for members of the Armed Forces; and Revenue Code of 1986 to allow a credit pany, the Cummins Engine Company, and for other purposes. Ameritech. against income tax for expenses of at- At the request of Mr. CLELAND, his Mrs. Gray was one of twelve distinguished tending elementary and secondary name was added as a cosponsor of S. 4, foreign-born Amrericans to receive a Medal schools and for contributions to chari- supra. of Liberty award from President Reagan at table organizations which provide At the request of Mr. WARNER, the ceremonies marking the rekindling of the scholarships for children to attend Statue of Liberty’s lamp in 1986. In 1991, she name of the Senator from Alaska (Mr. such schools. received the Presidential Medal of Freedom, MURKOWSKI) was added as a cosponsor the nation’s highest civilian award, from of S. 4, supra. S. 171 President Bush. She received the Charles S. 6 At the request of Mr. MOYNIHAN, the Frankel Prize from the National Endowment At the request of Mr. DASCHLE, the names of the Senator from Connecticut of the Humanities and the Jefferson Medal (Mr. LIEBERMAN) and the Senator from from the American Philosophical Society in name of the Senator from North Da- Massachusetts (Mr. KENNEDY) were 1993. In 1996, Mrs. Gray received the Univer- kota (Mr. CONRAD) was added as a co- sity of Chicago’s Quantrell Award for Excel- sponsor of S. 6, a bill to amend the added as cosponsors of S. 171, a bill to lence in Undergraduate Teaching. In 1997, Public Health Service Act, the Em- amend the Clean Air Act to limit the she received the M. Carey Thomas Award ployee Retirement Income Security concentration of sulfur in gasoline used from Bryn Mawr College. Act of 1974, and the Internal Revenue in motor vehicles. Her husband, Charles M. Gray, is Professor Code of 1986 to protect consumers in S. 227 Emeritus in the Department of History at managed care plans and other health At the request of Mr. COVERDELL, the the University of Chicago. coverage. name of the Senator from North Caro- BARBER B. CONABLE, JR. S. 11 lina (Mr. HELMS) was added as a co- Barber Conable retired on August 31, 1991, At the request of Mr. ABRAHAM, the sponsor of S. 227, a bill to prohibit the from a five-year term as President of The names of the Senator from Alabama expenditure of Federal funds to provide

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1180 CONGRESSIONAL RECORD — SENATE February 3, 1999 or support programs to provide individ- AKAKA), the Senator from New Hamp- empt amount permitted in determining uals with hypodermic needles or sy- shire (Mr. SMITH), the Senator from excess earnings under the earnings ringes for the use of illegal drugs. Oklahoma (Mr. NICKLES), the Senator test. S. 257 from Florida (Mr. MACK), the Senator S. 298 At the request of Mr. COCHRAN, the from Georgia (Mr. COVERDELL), the At the request of Mr. SHELBY, the names of the Senator from Mississippi Senator from Idaho (Mr. CRAIG), the names of the Senator from Alabama (Mr. LOTT), the Senator from Virginia Senator from Arizona (Mr. MCCAIN), (Mr. SESSIONS) and the Senator from (Mr. WARNER), the Senator from Con- the Senator from Alaska (Mr. MUR- Alaska (Mr. MURKOWSKI) were added as necticut (Mr. LIEBERMAN), the Senator KOWSKI), the Senator from New Mexico cosponsors of S. 298, a bill to amend the from Alaska (Mr. STEVENS), the Sen- (Mr. DOMENICI), the Senator from Mis- Federal Election Campaign Act of 1971 ator from South Carolina (Mr. HOL- souri (Mr. BOND), the Senator from (2 U.S.C. 431 et seq.) to clarify that do- LINGS), the Senator from Hawaii (Mr. Delaware (Mr. ROTH), the Senator from nations of hard and soft money by for- AKAKA), the Senator from New Hamp- Utah (Mr. HATCH), the Senator from eign nationals are prohibited. shire (Mr. SMITH), the Senator from Texas (Mr. GRAMM), the Senator from S. 331 Oklahoma (Mr. NICKLES), the Senator Kansas (Mr. ROBERTS), the Senator At the request of Mr. JEFFORDS, the from Florida (Mr. MACK), the Senator from Maine (Ms. SNOWE), the Senator names of the Senator from Missouri from Georgia (Mr. COVERDELL), the from Pennsylvania (Mr. SANTORUM), (Mr. BOND) and the Senator from North Senator from Idaho (Mr. CRAIG), the the Senator from Colorado (Mr. Dakota (Mr. CONRAD) were added as co- Senator from Kentucky (Mr. MCCON- ALLARD), the Senator from Alabama sponsors of S. 331, a bill to amend the NELL), the Senator from South Caro- (Mr. SESSIONS), the Senator from Ar- Social Security Act to expand the lina (Mr. THURMOND), the Senator from kansas (Mr. HUTCHINSON), the Senator availability of health care coverage for Arizona (Mr. KYL), the Senator from from New Hampshire (Mr. GREGG), the working individuals with disabilities, North Carolina (Mr. HELMS), the Sen- Senator from Montana (Mr. BURNS), to establish a Ticket to Work and Self- ator from Indiana (Mr. LUGAR), the the Senator from Wyoming (Mr. ENZI), Sufficiency Program in the Social Se- Senator from Tennessee (Mr. THOMP- the Senator from Maine (Ms. COLLINS), curity Administration to provide such SON), the Senator from Alabama (Mr. the Senator from Kansas (Mr. BROWN- individuals with meaningful opportuni- SHELBY), the Senator from Oklahoma BACK), the Senator from Missouri (Mr. ties to work, and for other purposes. NHOFE (Mr. I ), the Senator from Texas ASHCROFT), the Senator from Min- SENATE JOINT RESOLUTION 6 UTCHISON (Mrs. H ), the Senator from Ar- nesota (Mr. GRAMS), the Senator from At the request of Mr. HOLLINGS, the izona (Mr. MCCAIN), the Senator from Nebraska (Mr. HAGEL), the Senator name of the Senator from South Da- Alaska (Mr. MURKOWSKI), the Senator from Utah (Mr. BENNETT), the Senator kota (Mr. DASCHLE) was added as a co- from New Mexico (Mr. DOMENICI), the from Tennessee (Mr. FRIST), the Sen- sponsor of Senate Joint Resolution 6, A Senator from Missouri (Mr. BOND), the ator from Wyoming (Mr. THOMAS), the joint resolution proposing an amend- Senator from Delaware (Mr. ROTH), the Senator from Michigan (Mr. ABRAHAM), ment to the Constitution of the United Senator from Utah (Mr. HATCH), the the Senator from Oregon (Mr. SMITH), States relating to contributions and Senator from Texas (Mr. GRAMM), the the Senator from Ohio (Mr. DEWINE), expenditures intended to affect elec- Senator from Kansas (Mr. ROBERTS), the Senator from Kentucky (Mr. BUN- tions. the Senator from Maine (Ms. SNOWE), NING), the Senator from Illinois (Mr. the Senator from Pennsylvania (Mr. f FITZGERALD), the Senator from Idaho SANTORUM), the Senator from Colorado AMENDMENTS SUBMITTED (Mr. CRAPO), and the Senator from (Mr. ALLARD), the Senator from Ala- Pennsylvania (Mr. SPECTER) were bama (Mr. SESSIONS), the Senator from added as cosponsors of S. 269, a bill to SOLDIERS’, SAILORS’, AIRMEN’S, Arkansas (Mr. HUTCHINSON), the Sen- state the policy of the United States ator from New Hampshire (Mr. GREGG), AND MARINES’ BILL OF RIGHTS regarding the deployment of a missile ACT OF 1999 the Senator from Montana (Mr. defense system capable of defending BURNS), the Senator from Wyoming the territory of the United States (Mr. ENZI), the Senator from Maine against limited ballistic missile at- CLELAND AMENDMENT NO. 4 (Ms. COLLINS), the Senator from Kansas tack. (Ordered to lie on the table.) (Mr. BROWNBACK), the Senator from S. 270 Mr. CLELAND submitted an amend- Missouri (Mr. ASHCROFT), the Senator At the request of Mr. WARNER, the ment intended to be proposed by him from Minnesota (Mr. GRAMS), the Sen- name of the Senator from Alaska (Mr. to the bill (S. 4) to improve pay and re- ator from Utah (Mr. BENNETT), the MURKOWSKI) was added as a cosponsor tirement equity for members of the Senator from Tennessee (Mr. FRIST), of S. 270, a bill to improve pay and re- Armed Forces; and for other purposes; the Senator from Wyoming (Mr. THOM- tirement equity for members of the as follows: AS), the Senator from Michigan (Mr. Armed Forces, and for other purposes. At the end of title I, add the following new ABRAHAM), the Senator from Oregon S. 279 sections: (Mr. SMITH), the Senator from Ohio SEC. 104. THREE-YEAR EXTENSION OF AUTHORI- C AIN (Mr. DEWINE), the Senator from Ken- At the request of Mr. M C , the TIES RELATING TO PAYMENT OF tucky (Mr. BUNNING), the Senator from names of the Senator from Missouri CERTAIN BONUSES AND SPECIAL Illinois (Mr. FITZGERALD), the Senator (Mr. ASHCROFT), and the Senator from PAYS. (a) AVIATION OFFICER RETENTION BONUS.— from Idaho (Mr. CRAPO), and the Sen- Michigan (Mr. ABRAHAM) were added as Section 301b(a) of title 37, United States ator from Pennsylvania (Mr. SPECTER) cosponsors of S. 279, a bill to amend title II of the Social Security Act to Code, is amended by striking ‘‘December 31, were added as cosponsors of S. 257, a 1999,’’ and inserting ‘‘December 31, 2002,’’. bill to state the policy of the United eliminate the earnings test for individ- (b) REENLISTMENT BONUS FOR ACTIVE MEM- States regarding the deployment of a uals who have attained retirement age. BERS.—Section 308(g) of title 37, United missille defense capable of defending S. 285 States Code, is amended by striking ‘‘Decem- the territory of the United States At the request of Mr. MCCAIN, the ber 31, 1999’’ and inserting ‘‘December 31, against limited ballistic missile at- names of the Senator from California 2002’’. (c) ENLISTMENT BONUSES FOR MEMBERS tack. (Mrs. BOXER), the Senator from South WITH CRITICAL SKILLS.—Sections 308a(c) and S. 269 Carolina (Mr. HOLLINGS), and the Sen- 308f(c) of title 37, United States Code, are At the request of Mr. COCHRAN, the ator from Missouri (Mr. BOND) were each amended by striking ‘‘December 31, names of the Senator from Mississippi added as cosponsors of S. 285, a bill to 1999’’ and inserting ‘‘December 31, 2002’’. (Mr. LOTT), the Senator from Virginia amend title II of the Social Security (d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERV- (Mr. WARNER), the Senator from Con- Act to restore the link between the maximum amount of earnings by blind ICE.—Section 312(e) of title 37, United States necticut (Mr. LIEBERMAN), the Senator Code, is amended by striking ‘‘December 31, from Alaska (Mr. STEVENS), the Sen- individuals permitted without dem- 1999’’ and inserting ‘‘December 31, 2002’’. ator from South Carolina (Mr. HOL- onstrating ability to engage in sub- (e) NUCLEAR CAREER ACCESSION BONUS.— LINGS), the Senator from Hawaii (Mr. stantial gainful activity and the ex- Section 312b(c) of title 37, United States

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1181 Code, is amended by striking ‘‘December 31, Although these bonuses and special (d) EFFECTIVE DATE.—(1) The amendments 1999’’ and inserting ‘‘December 31, 2002’’. pays are in effect now, the authority to made by this section shall take effect on Oc- (f) NUCLEAR CAREER ANNUAL INCENTIVE pay them expires on December 31, 1999. tober 1, 1999. BONUS.—Section 312c(d) of title 37, United These bonuses and special pays are (2) The amendments made by subsections States Code, is amended by striking ‘‘any fis- (a) and (b) shall apply with respect to agree- cal year beginning before October 1, 1998, and proven recruiting and retention incen- ments accepted under section 312(a) and the 15-month period beginning on that date tives. Our Service Personnel Chiefs 312b(a), respectively, of title 37, United and ending on December 31, 1999’’ and insert- need to know that they will continue States Code, on or after October 1, 1999. ing ‘‘the 15-month period beginning on Octo- to be available for the long term to ad- SEC. 108. INCREASE IN MAXIMUM MONTHLY RATE ber 1, 1998, and ending on December 31, 1999, dress recruiting and retention short- AUTHORIZED FOR FOREIGN LAN- and any year beginning after December 31, falls. They should not have to wonder GUAGE PROFICIENCY PAY. 1999, and ending before January 1, 2003’’. if the authority to pay them will be re- (a) INCREASE IN MAXIMUM MONTHLY RATE.— Section 316(b) of title 37, United States Code, SEC. 105. THREE-YEAR EXTENSION OF CERTAIN newed a year at a time. BONUSES AND SPECIAL PAY AU- is amended by striking ‘‘$100’’ and inserting THORITIES FOR RESERVE FORCES. By extending the authority to pay ‘‘$300’’. (a) SPECIAL PAY FOR HEALTH PROFES- these bonuese and special pays for (b) EFFECTIVE DATE.—The amendment SIONALS IN CRITICALLY SHORT WARTIME SPE- three years, we give the Services valu- made by subsection (a) shall take effect on CIALTIES.—Section 302g(f) of title 37, United able tools the Chiefs need to address a October 1, 1999, and shall apply with respect States Code, is amended by striking ‘‘Decem- very real and complex problem.∑ to foreign language proficiency pay paid ber 31, 1999’’ and inserting ‘‘December 31, under section 316 of title 37, United States 2002’’. ROBB (AND OTHERS) AMENDMENT Code, for months beginning on or after that (b) SELECTED RESERVE REENLISTMENT date. NO. 5 BONUS.—Section 308b(f) of title 37, United SEC. 109. CAREER ENLISTED FLYER INCENTIVE States Code, is amended by striking ‘‘Decem- (Ordered to lie on the table.) PAY. ber 31, 1999’’ and inserting ‘‘December 31, Mr. ROBB (for himself, Mr. KENNEDY, (a) INCENTIVE PAY AUTHORIZED.—(1) Chap- 2002’’. and CLELAND) submitted an amend- ter 5 of title 37, United States Code, is (c) SELECTED RESERVE ENLISTMENT ment intended to be proposed by them amended by inserting after section 301e the BONUS.—Section 308c(e) of title 37, United following new section 301f: States Code, is amended by striking ‘‘Decem- to the bill, S. 4, supra; as follows: ‘‘§ 301f. Incentive pay: career enlisted flyers ber 31, 1999’’ and inserting ‘‘December 31, At the end of title I, add the following new 2002’’. sections: ‘‘(a) PAY AUTHORIZED.—An enlisted mem- ber described in subsection (b) may be paid (d) SPECIAL PAY FOR ENLISTED MEMBERS SEC. 104. INCREASE IN RATE OF DIVING DUTY ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.— SPECIAL PAY. career enlisted flyer incentive pay as pro- Section 308d(c) of title 37, United States (a) INCREASE.—Section 304(b) of title 37, vided in this section. Code, is amended by striking ‘‘December 31, United States Code, is amended— ‘‘(b) ELIGIBLE MEMBERS.—(1) Under regula- 1999’’ and inserting ‘‘December 31, 2002’’. (1) by striking ‘‘$200’’ and inserting ‘‘$240’’; tions prescribed by the Secretary concerned, (e) SELECTED RESERVE AFFILIATION and an enlisted member referred to in subsection BONUS.—Section 308e(e) of title 37, United (2) by striking ‘‘$300’’ and inserting ‘‘$340’’. (a) is an enlisted member of the armed forces States Code, is amended by striking ‘‘Decem- (b) EFFECTIVE DATE.—The amendments who— ber 31, 1999’’ and inserting ‘‘December 31, made by subsection (a) shall take effect on ‘‘(A) is entitled to basic pay under section 2002’’. October 1, 1999, and shall apply with respect 204 of this title or is entitled to compensa- (f) READY RESERVE ENLISTMENT AND REEN- to special pay paid under section 304 of title tion under section 206 of this title; LISTMENT BONUS.—Section 308h(g) of title 37, 37, United States Code, for months beginning ‘‘(B) holds the qualification and designa- United States Code, is amended by striking on or after that date. tion of an enlisted military occupational specialty or enlisted military rating des- ‘‘December 31, 1999’’ and inserting ‘‘Decem- SEC. 105. INCREASE IN MAXIMUM AMOUNT AU- ber 31, 2002’’. THORIZED FOR REENLISTMENT ignated as a career enlisted flyer specialty or (g) PRIOR SERVICE ENLISTMENT BONUS.— BONUS FOR ACTIVE MEMBERS. rating by the Secretary concerned, or is in Section 308i(f) of title 37, United States Code, (a) INCREASE IN MAXIMUM AMOUNT.—Sec- training leading to such qualification and is amended by striking ‘‘December 31, 1999’’ tion 308(a)(2)(B) of title 37, United States designation; and inserting ‘‘December 31, 2002’’. Code, is amended by striking ‘‘$45,000’’ and ‘‘(C) is qualified for aviation service; and (h) REPAYMENT OF EDUCATION LOANS FOR inserting ‘‘$60,000’’. ‘‘(D) remains in aviation service on a ca- CERTAIN HEALTH PROFESSIONALS WHO SERVE (b) EFFECTIVE DATE.—The amendment reer basis as provided in this section. IN THE SELECTED RESERVE.—Section 16302(d) made by subsection (a) shall take effect on ‘‘(2) Payment of career enlisted flyer in- of title 10, United States Code, is amended by October 1, 1999, and shall apply with respect centive pay under this section to a member striking ‘‘January 1, 2000’’ and inserting in to reenlistment bonuses paid under section described in paragraph (1) who is entitled to lieu thereof ‘‘January 1, 2003’’. 308 of title 37, United States Code, on or after compensation under section 206 of this title SEC. 106. THREE-YEAR EXTENSION OF CERTAIN that date. shall be as provided in subsection (g). ‘‘(c) AMOUNT OF INCENTIVE PAY.—The BONUSES AND SPECIAL PAY AU- SEC. 106. INCREASE IN ENLISTMENT BONUS FOR THORITIES FOR NURSE OFFICER MEMBERS WITH CRITICAL SKILLS. amount of monthly incentive pay paid to an CANDIDATES, REGISTERED NURSES, (a) INCREASE.—Section 308a(a) of title 37, enlisted member under this section may not AND NURSE ANESTHETISTS. United States Code, is amended in the first exceed the following: (a) NURSE OFFICER CANDIDATE ACCESSION sentence by striking ‘‘$12,000’’ and inserting ‘‘Years of aviation Monthly rate PROGRAM.—Section 2130a(a)(1) of title 10, service United States Code, is amended by striking ‘‘$20,000’’. (b) EFFECTIVE DATE.—The amendment 4 or less ...... $150 ‘‘December 31, 1999’’ and inserting ‘‘Decem- made by subsection (a) shall take effect on Over 4 ...... $225 ber 31, 2002’’. October 1, 1999, and shall apply with respect Over 8 ...... $350 (b) ACCESSION BONUS FOR REGISTERED to enlistment bonuses paid under section Over 14 ...... $400 NURSES.—Section 302d(a)(1) of title 37, ‘‘(d) BASIS OF PAYMENT.—(1) Subject to United States Code, is amended by striking 308a of title 37, United States Code, on or subsections (e) and (f), an enlisted member ‘‘December 31, 1999’’ and inserting ‘‘Decem- after that date. entitled to career enlisted flyer incentive ber 31, 2002’’. SEC. 107. INCREASE IN SPECIAL PAY AND BO- pay under this section shall be paid such pay (c) INCENTIVE SPECIAL PAY FOR NURSE AN- NUSES FOR NUCLEAR-QUALIFIED OFFICERS. on a continuous monthly basis. ESTHETISTS.—Section 302e(a)(1) of title 37, United States Code, is amended by striking (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED ‘‘(2) An enlisted member entitled to career ‘‘December 31, 1999’’ and inserting in lieu OFFICERS EXTENDING PERIOD OF ACTIVE SERV- enlisted flyer incentive pay under this sec- thereof ‘‘December 31, 2002’’. ICE.—Section 312(a) of title 37, United States tion who is not paid such pay on a contin- uous monthly basis by reason of the provi- ∑ Code, is amended by striking ‘‘$15,000’’ and Mr. CLELAND. Mr. President, I in- inserting ‘‘$25,000’’. sions of this section shall be paid career en- tend to offer an amendment to S. 4 (b) NUCLEAR CAREER ACCESSION BONUS.— listed flyer incentive pay under this section when it is debated in the Senate to ex- Section 312b(a)(1) of title 37, United States on a month-to-month basis for the frequent tend the authority to pay certain bo- Code, is amended by striking ‘‘$10,000’’ and and regular performance of operational fly- nuses and special pays for three years. inserting ‘‘$20,000’’. ing duty. These special incentives are critical to (c) NUCLEAR CAREER ANNUAL INCENTIVE BO- ‘‘(e) PAYMENT ON CONTINUOUS MONTHLY recruiting and retention of military NUSES.—Section 312c of title 37, United BASIS DEPENDENT ON SATISFACTION OF FLYING States Code, is amended— DUTY REQUIREMENTS.—(1) An enlisted mem- personnel. This amendment will be a (1) in subsection (a)(1), by striking ber entitled to career enlisted flyer incentive significant improvement to S. 4 be- ‘‘$12,000’’ and inserting ‘‘$22,000’’; and pay under this section shall be entitled to cause it is narrowly focused on enlist- (2) in subsection (b)(1), by striking ‘‘$5,500’’ payment of such pay on a continuous month- ment and retention incentives. and inserting ‘‘$10,000’’. ly basis under subsection (d)(1) only if the

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enlisted member has performed operational ‘‘(i) DEFINITIONS.—In this section: ‘‘(e) PAYMENT.—Upon acceptance of a writ- flying duty as follows: ‘‘(1) The term ‘aviation service’ means ten agreement under subsection (a) by the ‘‘(A) For 6 years of the first 10 years of service performed, under regulations pre- Secretary concerned, the total amount pay- aviation service of the member. scribed by the Secretary concerned, by a des- able pursuant to the agreement becomes ‘‘(B) For 9 years of the first 15 years of ignated career enlisted flyer. fixed and may be paid— aviation service of the member. ‘‘(2) The term ‘operational flying duty’ ‘‘(1) in a lump sum equal to the amount of ‘‘(C) For 14 years of the first 20 years of means— half the total amount payable under the aviation service of the member. ‘‘(A) flying performed under competent or- agreement at the time the agreement is ac- ‘‘(2)(A) Subject to subparagraph (B), the ders while serving in assignments in which cepted by the Secretary concerned followed Secretary concerned may waive a require- basic flying skills normally are maintained by payments of equal annual installments on ment for years of service of performance of in the performance of assigned duties as de- the anniversary of the acceptance of the operational flying duty under paragraph (1) termined by the Secretary concerned; and agreement until the payment in full of the as a condition for the payment of career en- ‘‘(B) flying duty performed by members in balance of the amount that remains payable listed flyer incentive pay under this section training that leads to the award of an en- under the agreement after the payment of on a continuous monthly basis if the Sec- listed aviation rating or military occupa- the lump sum amount under this paragraph; retary concerned determines that the waiver tional specialty designated as a career en- or is necessary for the needs of the armed force. listed flyer rating or specialty by the Sec- ‘‘(2) in graduated annual payments under The Secretary concerned may waive such re- retary concerned.’’. regulations prescribed by the Secretary con- quirement only on a case-by-case basis. (2) The table of sections at the beginning of cerned with the first payment payable at the ‘‘(B) The Secretary concerned may waive a chapter 5 of title 37, United States Code, is time the agreement is accepted by the Sec- requirement under subparagraph (A) only in amended by inserting after the item refer- retary concerned and subsequent payments the case of an enlisted member who has per- ring to section 301e the following new item: on the anniversary of the acceptance of the formed operational flying duty as follows: ‘‘301f. Incentive pay; career enlisted flyers.’’. agreement. ‘‘(i) For 5 years of the first 10 years of avia- ‘‘(f) ADDITIONAL PAY.—A retention bonus tion service of the member. (b) EFFECTIVE DATE.—The amendments paid under this section is in addition to any ‘‘(ii) For 8 years of the first 15 years of made by subsection (a) shall take effect on other pay and allowances to which an officer aviation service of the member. October 1, 1999. (c) SAVE PAY PROVISION.—In the case of an is entitled. ‘‘(iii) For 12 years of the first 20 years of enlisted member who is an air weapons con- ‘‘(g) REPAYMENT.—(1) If an officer who has aviation service of the member. entered into a written agreement under sub- ‘‘(C) The Secretary concerned may dele- troller entitled to receive incentive pay section (a) and has received all or part of a gate the authority to waive a requirement under section 301(c)(2)(A) of title 37, United under subparagraph (A), but not to an offi- States Code, as of October 1, 1999, the mem- retention bonus under this section fails to ber shall be entitled as of that date to pay- cial or officer below the level of service per- complete the total period of active duty ment of incentive pay at the monthly rate sonnel chief. specified in the agreement, the Secretary ‘‘(3) An enlisted member whose entitle- that is the higher of— concerned may require the officer to repay ment to payment of career enlisted flyer in- (1) the monthly rate of incentive pay au- the United States, on a pro rata basis and to centive pay under this section on a contin- thorized by such section 301(c)(2)(A) as of the extent that the Secretary determines uous monthly basis is terminated by reason September 30, 1999; or conditions and circumstances warrant, all of the member’s failure to satisfy a require- (2) the monthly rate of incentive pay au- sums paid the officer under this section. ment for years of service of performance of thorized by section 301f of title 37, United ‘‘(2) An obligation to repay the United operational flying duty under paragraph (1) States Code, as added by subsection (a). States imposed under paragraph (1) is for all may be paid such pay on a continuous SEC. 110. RETENTION BONUS FOR SPECIAL WAR- purposes a debt owed to the United States. monthly basis commencing as of the first FARE OFFICERS EXTENDING PERI- ‘‘(3) A discharge in bankruptcy under title year after such failure in which the member ODS OF ACTIVE DUTY. 11 that is entered less than five years after (a) BONUS AUTHORIZED.—(1) Chapter 5 of satisfies a requirement under that para- the termination of a written agreement en- title 37, United States Code, is amended by graph. tered into under subsection (a) does not dis- inserting after section 301f, as added by sec- ‘‘(f) TERMINATION OF PAYMENT ON CONTIN- charge the officer signing the agreement tion 109(a) of this Act, the following new sec- UOUS MONTHLY BASIS AFTER 25 YEARS OF from a debt arising under such agreement or tion: AVIATION SERVICE.—An enlisted member who under paragraph (1). completes 25 years of aviation service is not ‘‘§ 301g. Special pay: special warfare officers ‘‘(h) REGULATIONS.—The Secretaries con- entitled to payment of career enlisted flyer extending period of active duty cerned shall prescribe regulations to carry incentive pay under this section on a contin- ‘‘(a) BONUS AUTHORIZED.—A special warfare out this section, including the definition of uous monthly basis. officer described in subsection (b) who exe- the term ‘special warfare service’ for pur- ‘‘(g) PAYMENT TO MEMBERS OF RESERVES cutes a written agreement to remain on ac- poses of this section. Regulations prescribed COMPONENTS PERFORMING INACTIVE DUTY tive duty in special warfare service for at by the Secretary of a military department TRAINING.—(1) Under regulations prescribed least one year may, upon the acceptance of under this section shall be subject to the ap- by the Secretary concerned and to the extent the agreement by the Secretary concerned, proval of the Secretary of Defense.’’. provided in appropriations Acts, a member be paid a retention bonus as provided in this (2) The table of section at the beginning of entitled to compensation under section 206 of section. chapter 5 of title 37, United States Code, as this title who meets the requirements for en- ‘‘(b) COVERED OFFICERS.—A special warfare amended by section 109(a) of this Act, is titlement to career enlisted flyer incentive officer referred to in subsection (a) is an offi- amended by inserting after the item relating pay under this section may be paid an in- cer of a uniformed service who— to section 301f the following new item: crease in compensation in an amount equal ‘‘(1) is qualified for and serving in a mili- ‘‘301g. Special pay: special warfare officers to 1⁄30 of the monthly rate of career enlisted tary occupational specialty or designator extending period of active flyer incentive pay specified in subsection (c) identified by the Secretary concerned as a duty.’’. for an enlisted member of corresponding special warfare military occupational spe- (b) EFFECTIVE DATE.—The amendments years of aviation service who is entitled to cialty or designator; made by subsection (a) shall take effect on basic pay. ‘‘(2) is in pay grade O–3 or O–4 and is not on October 1, 1999. ‘‘(2) An enlisted member described in para- a promotion list to pay grade O–5 at the time graph (1) may be paid an increase in com- the officer applies for an agreement under SEC. 111. RETENTION BONUS FOR SURFACE WAR- pensation in accordance with that paragraph FARE OFFICERS EXTENDING PERI- this section; ODS OF ACTIVE DUTY. for as long as the member is qualified for ‘‘(3) has completed at least 6 but not more (a) BONUS AUTHORIZED.—(1) Chapter 5 of such increase under this section for— than 14 years of active commissioned serv- title 37, United States Code, is amended by ‘‘(A) each regular period of instruction or ice; and inserting after section 301g, as added by sec- period of appropriate duty at which the ‘‘(4) has completed any service commit- tion 110(a) of this Act, the following new sec- member is engaged for at least two hours; or ment incurred through the officer’s original tion: ‘‘(B) the performance of such other equiva- commissioning program. lent training, instruction, duty, or appro- ‘‘(c) AMOUNT OF BONUS.—The amount of a ‘‘§ 301h. Special pay: surface warfare officers priate duties as are prescribed by the Sec- retention bonus paid under this section may extending period of active duty retary concerned under section 206(a) of this not be more than $15,000 for each year cov- ‘‘(a) SPECIAL PAY AUTHORIZED.—(1) A sur- title. ered by the written agreement. face warfare officer described in subsection ‘‘(h) NONAPPLICABILITY TO MEMBERS RE- ‘‘(d) PRORATION.—The term of an agree- (b) who executes a written agreement de- CEIVING HAZARDOUS DUTY INCENTIVE PAY OR ment under subsection (a) and the amount of scribed in paragraph (2) may, upon the ac- SPECIAL PAY FOR DIVING DUTY.—A member the bonus payable under subsection (c) may ceptance of the agreement by the Secretary receiving incentive pay under section 301(a) be prorated as long as such agreement does concerned, be paid a retention bonus as pro- of this title or special pay under section 304 not extend beyond the date on which the of- vided in this section. of this title may not be paid special pay ficer making such agreement would com- ‘‘(2) An agreement referred to in paragraph under this section for the same period of plete 14 years of active commissioned serv- (1) is an agreement in which the officer con- service. ice. cerned agrees—

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1183 ‘‘(A) to remain on active duty for at least to section 301g, as added by section 110(a) of cialties. The nation simply can’t afford two years and through the tenth year of ac- this Act, the following new item: to pay so much to recruit and train tive commissioned service; and ‘‘301h. Special pay: surface warfare officers these talented individuals only to see ‘‘(B) to complete tours of duty to which extending period of active them leave the service out of frustra- the officer may be ordered during the period duty.’’. covered by subparagraph (A) as a department tion over the inadequacies of their pay (b) EFFECTIVE DATE.—The amendments and benefits. head afloat. made by subsection (a) shall take effect on ‘‘(b) COVERED OFFICERS.—A surface warfare Mr. President, I look forward to of- October 1, 1999. officer referred to in subsection (a) is an offi- fering this amendment to S. 4 when it ∑ cer of the Regular Navy or Naval Reserve on Mr. ROBB. Mr. President, the men is taken up by the Senate. I also want full-time active duty who— and women of the Armed Forces are to thank Senators CLELAND and KEN- ‘‘(1) is designated and serving as a surface being asked to do more and more with NEDY for their help in developing this warfare officer; less and less, to the point where it is ‘‘(2) is in pay grade O–3 at the time the of- provision and for their unequivocal becoming difficult to recruit and retain commitment to the uniformed per- ficer applies for an agreement under this sec- the best and brightest. Looking at just tion; sonnel who serve our nation so ably.∑ two salient examples, last year the ‘‘(3) has been selected for assignment as a f department head on a surface ship; Navy’s recruiting efforts fell short by ‘‘(4) has completed at least four but not over 7,000 sailors, and last year Air NOTICE OF HEARING more than eight years of active commis- Force first-term aircrew reenlistment COMMITTEE ON SMALL BUSINESS sioned service; and was only 61 percent. Mr. BOND. Mr. President, I wish to ‘‘(5) has completed any service commit- To help meet these and other per- announce that the Committee on Small ment incurred through the officer’s original sonnel challenges, the Armed Services Business will hold its Organizational commissioning program. Committee recently approved S. 4, the ‘‘(c) AMOUNT OF BONUS.—The amount of a Meeting for the 106th Congress on Fri- retention bonus paid under this section may Soldiers’, Sailors’, Airmens’ and Ma- day, February 5, 1999, which will begin not be more than $15,000 for each year cov- rines’ Bill of Rights Act of 1999. S. 4 au- at 9 a.m. in room 428A of the Russell ered by the written agreement. thorizes significant pay raises, im- Senate Office Building. ‘‘(d) PRORATION.—The term of an agree- proves retirement pay, and enhances Immediately following the organiza- ment under subsection (a) and the amount of GI Bill benefits. This legislation will be tional meeting, we will turn to official the bonus payable under subsection (c) may brought up soon for consideration by committee business including: (1) be prorated as long as such agreement does the full Senate. It is an important not extend beyond the date on which the of- marking up and reporting out S. 314, ficer making such agreement would com- step—one of several—that the Congress Small Business Year 2000 Readiness plete 10 years of active commissioned serv- must take this year to help the mili- Act; (2) marking up and reporting out ice. tary pull out of what the Chairman of of the Small Business Investment Com- ‘‘(e) PAYMENT.—Upon acceptance of a writ- the Joint Chiefs described as a ‘‘nose- pany Technical Corrections Act of 1999; ten agreement under subsection (a) by the dive that might cause irreparable dam- and (3) taking up the nomination of Secretary of the Navy, the total amount age to this great force.’’ payable pursuant to the agreement becomes Phyllis Fong to be inspector general of But I believe S. 4 missed some excel- the Small Business Administration. fixed and may be paid— lent opportunities to directly improve ‘‘(1) in a lump sum equal to the amount of For further information, please con- half the total amount payable under the recruiting and retention—opportuni- tact Emilia DiSanto or Paul Cooksey agreement at the time the agreement is ac- ties recognized by the Administration at 224–5175. in their FY 2000 defense budget submis- cepted by the Secretary of the Navy followed f by payments of equal annual installments on sion. In particular, certain categories the anniversary of the acceptance of the of military service present our most ADDITIONAL STATEMENTS agreement until the payment in full of the difficult retention challenges because balance of the amount that remains payable they involve recruiting highly skilled under the agreement after the payment of personnel, providing costly training, PATIENTS’ BILL OF RIGHTS the lump sum amount under this paragraph; ∑ or and retaining these individuals in the Mr. SARBANES. Mr. President, ‘‘(2) in equal annual payments with the face of uniquely difficult and dan- today I rise to express my support for first payment payable at the time the agree- gerous missions coupled with powerful S. 6, the Patients’ Bill of Rights Act, a ment is accepted by that Secretary and sub- financial incentives to leave the mili- bill to guarantee all Americans with sequent payments on the anniversary of the tary for the civilian sector. Examples private health insurance, and particu- acceptance of the agreement. include aircrews, Navy SEALs, and larly those in HMOs or other managed ‘‘(f) ADDITIONAL PAY.—A retention bonus Navy Surface Warfare Officers. care plans, certain fundamental rights paid under this section is in addition to any Only 25 percent of Surface Warfare regarding their health care coverage. other pay and allowances to which an officer is entitled. Officers remain on active duty to their Over the past decease, our health ‘‘(g) REPAYMENT.—(1) If an officer who has Department Head tour. In the Navy care system has changed dramatically. entered into a written agreement under sub- SEAL community, attrition has in- Today, approximately 161 million section (a) and has received all or part of a creased over 15 percent in the past Americans receive medical coverage retention bonus under this section fails to three years. FY 1998 Navy diver man- through some type of managed care or- complete the total period of active duty ning was below 85 percent. That same ganization. Regrettably, the change specified in the agreement, the Secretary of year, only about 60 percent of military has had some unfortunate con- the Navy may require the officer to repay the United States, on a pro rata basis and to career linguists met or exceeded the sequences. Many in managed care plans the extent that that Secretary determines minimum requirements in listening or experience increasing restrictions on conditions and circumstances warrant, all reading proficiency. A host of retention their choice of doctors, growing limita- sums paid under this section. problems exist for Nuclear-Qualified tions on their access to necessary ‘‘(2) An obligation to repay the United Officers. treatment, and an overriding emphasis States imposed under paragraph (1) is for all This amendment which I am filing on cost cutting at the expense of qual- purposes a debt owned to the United States. today along with Senator KENNEDY and ity. ‘‘(3) A discharge in bankruptcy under title 11 that is entered less than five years after Senator CLELAND does several things. This shift to managed care, largely a the termination of a written agreement en- It provides bonuses for Surface Warfare response to rapidly increasing medical tered into under subsection (a) does not dis- Officers and Navy SEALs to encourage costs, has resulted in a health care sys- charge the officer signing the agreement them to remain in the service. It pro- tem overly driven by the need to secure from a debt arising under such agreement or vides added pay for enlisted aircrews. healthy profit margins. The impact under paragraph (1). Several existing bonuses are increased, these market forces have on the health ‘‘(h) REGULATIONS.—The Secretary of the including those for divers, Nuclear care Americans receive must be mod- Navy shall prescribe regulations to carry out this section.’’. Qualified Officers, linguists and other erated. Access to quality health care is (2) The table of sections at the beginning of critical specialties. Finally, the Enlist- an essential human need, and in a chapter 5 of title 37, United States Code, is ment Bonus Ceiling is increased. These democratic society, it must be recog- amended by inserting after the item relating are critical remedies for critical spe- nized as a fundamental right.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1184 CONGRESSIONAL RECORD — SENATE February 3, 1999 Our bill would guarantee basic pa- employs fifteen people and continues the Panther’s favor and helping to tient protections to all consumers of to grow. He is described by his col- guarantee their win. private insurance. It would ensure that leagues as a very enthusiastic, highly This championship game also took on patients receive the treatment they motivated businessman. a more personal meaning for its play- have been promised and have paid for. Tom has served as Director of the ers and, most especially, its head This bill would prevent HMOs and Board of the Merrimack Chamber of coach. Sadly, Coach Mike Pitruzzello’s other health plans from arbitrarily Commerce since 1993. He is a member father, Manny, passed away a week be- interfering with doctors’ decisions re- of the Merrimack Village District fore the start of the season. In his garding the treatment their patients Board of Directors and a member of the honor, Coach Pitruzzello dedicated the require. Association of Facilities Engineering. Panthers’ second championship win to Our bill would restore patients’ abil- Tom is also very active in the com- his late father. Even during a time of ity to trust that their health care prac- munity. His business sponsors a Babe personal hardship, Coach Pitruzzello titioners advice is driven solely by Ruth baseball team and he assists at a continued to guide and nurture his health concerns, not cost concerns. vocational/technical college. He helps team to a near-perfect regular season HMOs and other health care plans to put together a yearly Golf Tour- and a championship win. Nothing bet- would be prohibited from restricting nament and trade shows for the Cham- ter reflects his love for the sport and which treatment options doctors may ber of Commerce. Every year, he sets his players than the dedication Coach discuss with their patients. In addition, up the holiday decorations in Fraser Pitruzzello has shown throughout this our bill would outlaw the use of finan- Square in Merrimack for all to enjoy. season. I am sure his father would have cial incentives to reward doctors for As a former small business owner not only been proud of his son, but also cutting costs by recommending against myself, I understand the hard work and honored by the sportsmanship exhib- potentially necessary treatments. dedication required for success in busi- ited by these talented young men on One of the most critical patient pro- ness. Once again, I wish to congratu- the field. tections that would be provided under late Tom Nutting on Custom Electric Winning a state championship is an our bill is guaranteed access to emer- being selected as ‘‘Business of the exciting and gratifying moment for gency care. The Patients’ Bill of Rights Year’’ by the Merrimack Chamber of any young student athlete. In their win Act would ensure that patients could Commerce. It is a pleasure to represent over the Old Saybrook Rams, the go to any emergency room during a him in the United States Senate.∑ Cromwell Panthers demonstrated a tal- medical emergency without calling f ent they had perfected throughout their health plan for permission first. their regular season with hard work 1998 CONNECTICUT STATE SOCCER Emergency room doctors could sta- and the guidance of an experienced and CHAMPIONS bilize the patient and focus on pro- caring coaching staff. Furthermore, as viding them the care they need without ∑ Mr. DODD. Mr. President, I rise with any team sport, it is not just one worrying about payment until after today to congratulate the Cromwell player who makes the amazing pass or the emergency has subsided. High School Boys’ Varsity Soccer team singlehandedly scores the critical goal, S. 6 would also ensure that health for winning the 1998 Connecticut State but rather a cooperative effort from plans provide their customers with ac- Soccer Championship. This achieve- each player who offers his own special cess to specialists when needed because ment reflects the proud soccer tradi- talent which ultimately adds to the of the complexity and seriousness of tion that has been established at Crom- success of the entire team. The Crom- the patient’s sickness. This provision is well High School and the outstanding well High School Boys’ Varsity Soccer extremely important to ensure that caliber of its student athletes. team exemplifies the true spirit of persons suffering from serious, ongoing With a first-rate team and a phe- teamwork and tenacity, and it is be- conditions, like cancer, have access to nomenal level of play, the Cromwell cause of those qualities that they are care by oncologists or other specialists. Panthers concluded their season with now the state champions. Many managed care plans provide ex- an impressive record of 20–1. The Pan- At this time I would like to recognize emplary coverage for their members, thers became known throughout Con- all the members and coaches of the including innovative preventive care necticut for their strong defensive play Boys’ Varsity Soccer team and, again, benefits, because they recognize that it and balanced team of players. In soc- congratulate them all on their momen- is more efficient to keep people cer, as in so many sports, a blend of tous and well-deserved victory: healthy than to treat them after they smart players and smart decisions re- Head Coach Mike Pitruzzello, Assist- become ill. Unfortunately, not all plans sults in victories. The Cromwell Pan- ant Coach Bruce Swanson, Freshman are administered with this philosophy. thers proved they have this combina- Coach John Harder, Paul Dworak, Many Americans, enrolled in poorly tion. The strength of this team was Steve Dworak, Tony Faienza, Mike run plans, are not obtaining the care demonstrated by their ability to hold Fazio, Mike Flanagan, Bryce Gibson, they need and are entitled to receive. their opponents to a total of only 6 Eric Harrison, Nick Libera, Steve The improved health of millions of goals for the entire season. Libera, Justin Linehan, Shawn Maher, Americans depends on the enactment The state championship game was Jason Negrini, Mike Simeone, Ryan of this bill. It will establish Federal re- played with emotion against an equally Steele, Ron Szymanski, Colin Whalen, quirements ensuring that private talented opponent, the Old Saybrook and Sean Whalen.∑ health care plans provide their mem- Rams. Although the Panthers were fa- f bers with a minimum level of coverage. vored to win, neither the team’s coach- WORK INCENTIVES IMPROVEMENT I urge my colleagues to join me in es nor its athletes took victory for ACT OF 1999 strongly supporting, S. 6, the Patients’ granted. After receiving two yellow Bill of Rights.∑ cards in the first half and being ∑ Mr. ROTH. Mr. President, the great f outshot by their opponents for most of Leo Tolstoy once confided in his diary the game, the Panthers entered the that he would be the unhappiest of men TRIBUTE TO MR. TOM NUTTING, second half with a refocused energy. if he could not find a purpose for his 1998 MERRIMACK CHAMBER OF The Panthers’ first goal came late life. As we all know, Tolstoy did, in- COMMERCE BUSINESS OF THE when Justin Linehan received a pass deed, find purpose. As a novelist, phi- YEAR RECIPIENT from Steve Dworak and sent the ball losopher, and social reformer, he ∑ Mr. SMITH of New Hampshire. Mr. soaring just out of reach of the Rams’ brought entertainment, meaning, and President, I rise today to pay tribute goalie. Steve repeated his superb pass- direction into the lives of millions—his to Tom Nutting, the recipient of the ing performance when he sent a left influence continuing even into our day ‘‘Business of the Year Award’’ from the cross pass to Mike Flanagan who head- and age. Merrimack Chamber of Commerce. ed the ball past a diving goalie with The need to bring meaning and suc- Tom began an electrical contracting only two minutes left in the game. cess into our lives—the need to have a business, Custom Electric, in 1983 with This final goal was a turning point in purpose, to be anxiously engaged in a two employees. Today, his company the game, bringing it to a 2–0 score in good cause—is, as Tolstoy pointed out,

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1185 one of the most basic in our nature. We do this by creating two new Med- Today, in this unstable world, we With this in mind, it is my pleasure to icaid options. The first option builds on should re-commit ourselves to hon- join Senators MOYNIHAN, JEFFORDS, a change enacted in the Balanced oring lasting symbols of unity and and KENNEDY to introduce legislation Budget Act of 1997 (BBA). That law al- dedication. The 900-foot Battleship Mis- that while simple in purpose will be in- lows States to permit people with dis- souri is one such symbol. This era of finite in application and influence. Our abilities to buy-in to Medicaid who patriotism, sacrifice, bravery, and duty objective? To help people with disabil- would otherwise be eligible except that will not be forgotten, and in fact must ities go to work. they earned too much. The new change be revered, remembered, and taught to In 1990, Congress passed the Ameri- would eliminate the income cap on this our children and grandchildren. cans with Disabilities Act. That law buy-in option. For the United States, World War II made an important statement about The second Medicaid change would began with a surprise attack on the this nation’s commitment to independ- make it possible for States to permit a naval base at Pearl Harbor on Decem- ence and opportunity for people with similar Medicaid buy-in option for in- ber 7, 1941. It finally ended on the decks disabilities. Since then, barriers that dividuals with a severe, medically de- of the ‘‘Mighty Mo’’ on September 2, had made some of even the simplest terminable impairment who would oth- 1945. On that day, General Douglas daily tasks difficult or even impossible erwise lose eligibility because of med- MacArthur, Supreme Commander of have been lifted. Millions of Americans ical improvement. the Allied Powers, and Chester Nimitz, have gone back to work or found their Let me also note that both Medicaid Fleet Admiral of the U.S. Navy, signed daily chores to be more accessible— expansions would be voluntary on the the Instrument of Surrender on behalf easier to address and accomplish. part of each State. of the Allied Powers and the United Despite these successes and the Under both options, States would be States. It is a moment that will now progress that has been made in the en- able to set their own cost-sharing re- forever be immortalized to America suing eight years, there are still seri- quirements for people with disabilities and citizens of the world. ous obstacles for too many people with who enroll. States could require indi- Most importantly, we need to re- disabilities—obstacles that stand in viduals buying into the program to pay member that the ‘‘Mighty Mo’’ would the way of their realizing the most 100 percent of premium costs in order not have played such an important role basic and important opportunity of to participate. The bill also extends without the brave and true service of getting a job. Medicare Part A coverage for a ten- America’s servicemen and their fami- With this legislation, we begin to ad- year trial period for individuals on lies. These men risked their lives at dress some of the remaining impedi- SSDI who return to work. great personal sacrifice, all in the In addition to these health coverage ments to employment for people with name of our country. They are the innovations, the bill also provides a disabilities. These include the lack of backbone of the great history of the user-friendly, public-private approach access to health insurance and funda- U.S.S. Missouri. Many of these veterans to job placement. Because of a new, in- mental job assistance. are form the State of Missouri, includ- novative payment system, vocational At a hearing held by the Finance ing Seaman John C. Truman, the neph- Committee last July, witness after wit- rehabilitation agencies will be re- warded for helping people remain on ew of our 33rd president. ness testified about the importance of Today, January 29, 1999, is yet an- the job, not just getting a job. health insurance for people with dis- Mr. President, this combination of other significant day in the service of abilities trying to enter the workforce. health care and job assistance will help the U.S.S. Missouri—for today she Jeff Bangsberg of the Minnesota Con- disabled Americans succeed in the opens permanently to the public as the sortium for Citizens with Disabilities work place. And our society will be en- Battleship Missouri Memorial. I urge put it best when he said that ‘‘having riched by unleashing the creativity and all Missourians and all Americans to appropriate, affordable health care is a industry of people with disabilities go see this great ship and experience critical factor in decisions people with eager to go to work. her glorious history firsthand. I thank disabilities make about working. Many I encourage my colleagues to cospon- the U.S. Navy and the U.S.S. Missouri individuals are afraid to work because sor this legislation. And it is my inten- Memorial Association for creating such they can’t afford to lose access to con- tion to hole a hearing on the bill in the a special memorial for the world to tinued Medicaid coverage.’’ Finance Committee next week and enjoy for generations to come. The simple fact, Mr. President, is mark it up later this spring.∑ Congratulations to all involved for that people with disabilities are often • getting this memorial up and running. presented with a Catch-22 between Congratulations to my friend Senator working and losing their Medicaid or BATTLESHIP ‘‘MISSOURI’’ DANIEL INOUYE, who has been person- Medicare. This is a choice they should MEMORIAL ally involved in this project. Finally, not have to make. But even modest ∑ Mr. BOND. Mr. President, I rise today congratulations to the U.S. Navy, the earnings can result in a loss of eligi- because this is a special day in our na- people of Hawaii, the people of Mis- bility for Medicaid or Medicare. With- tion’s history. On this day in 1944, souri, and all Americans who now have out health insurance, medical treat- Harry S. Truman, a proud Missourian the opportunity to visit and experience ment often becomes prohibitively ex- and U.S. Senator at the time, author- a crucial part of our great state’s herit- pensive for individuals with disabil- ized the christening of the U.S.S. Mis- age.∑ ities, and without medical treatment it souri. The Missouri is this country’s f becomes impossible for many to work. last and most celebrated battleship. My constituents in Delaware have Senator Truman’s 19-year old daugh- NATIONAL APPRECIATION DAY made it clear that lack of access to ter, Margaret, christened this great FOR CATHOLIC SCHOOLS health insurance is a real and seem- battleship and sent the ‘‘Mighty Mo’’ ∑ Mr. FITZGERALD. Mr. President, ingly insurmountable barrier to em- and her crew on missions for our today I want to recognize National Ap- ployment. Larry Henderson, Chair of Armed Forces in World War II, the Ko- preciation Day for Catholic Schools, a Delaware’s Developmental Disabilities rean War, and Operations Desert day to acknowledge the important and Planning Council, supports our bill Storm—a time of service spanning valuable contributions Catholic ‘‘because it does not penalize persons nearly half a century. Today she begins schools make to our nation’s children, with disabilities for working in that it a new era of service as a memorial to to local communities, and to the na- allows for continued access to health educate and remind new generations of tion. Nationally, there are over 7.6 mil- care.’’ Americans about the great sacrifices lion students in 8,200 Catholic schools. Our bill is designed to empower and even greater victories that have In my home state of Illinois, there are States to break this cycle of uncer- occurred during her military service. over 215,000 students in 598 Catholic tainty by making it possible for people She is a symbol of American triumph schools. In addition, I am a product of with disabilities who choose to work to and spirit as she majestically stands Catholic education, having attended do so without jeopardizing health in- watch over the U.S.S. Arizona memo- Catholic schools for both elementary surance access. rial in Pearl Harbor, Hawaii. and high school.

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1186 CONGRESSIONAL RECORD — SENATE February 3, 1999 Last year, 40 Catholic secondary wife Roxanne led a team to Guinea- Hartford is poised to undergo an eco- schools were awarded the Excellence in Bissau to spend two weeks teaching nomic revitalization and the Job Corps Education Award, the nation’s highest and training the local population. Center is a true investment in our honor in education, by the U.S. Depart- Once again, I would like to congratu- most under-served youth. The city of ment of Education. In my home state, late Brad Parkhurst on receiving the Hartford and the state of Connecticut Boyland Catholic High School in Rock- President’s Award from the Merrimack have committed $4 million toward the ford, Illinois, was awarded the Excel- Chamber of Commerce. It is an honor total development cost of $11.5 million lence in Education Award for out- to represent him in the United States and the Hartford Housing authority is standing educational achievement. Senate.∑ contributing the site, valued at Two students from St. Patrick f $420,000. The Center will be located on School in Ottawa, Illinois, Justyna and HARTFORD JOB CORPS CENTER 12 acres in the Charter Oak Business Alexsandra Ratajczak, wrote me about Park being developed by the Housing ∑ how much they enjoy going to Catholic Mr. DODD. Mr. President, today I Authority on the site of the former school. Justyna wrote that St. Patrick recognize Hartford, Connecticut’s se- Charter Oak Terrace public housing School ‘‘is like a second home for me lection as a site for a Job Corps Center. project. and I can not imagine my world with- The Department of Labor recently an- When completed in 2000, the Hartford out it.’’ This girl’s love of school testi- nounced that Connecticut’s capital center will serve more than 200 non- fies to the fact that Catholic schools city was one of four locations selected residential students each year in basic are doing something right. Mr. Presi- nationwide. Many years of planning education and vocational training pro- dent, I applaud Catholic schools and all have gone into Hartford’s bid and the grams and provide on-site child care. their outstanding teachers for their new Center enjoys the enthusiastic Many organizations have pledged re- support of leaders in government, busi- high success rate among students and sources to ensure the success of the ness, education and job training. The thank them for their important con- Center and most important of all, em- selection is testimony to the commit- tribution to educating America’s ployers stand ready to hire young peo- ment of the Hartford community to youth.∑ ple who complete the Job Corps pro- our most disadvantaged young people, gram. f and that is why I endorsed the city’s Mr. President, I congratulate the strong proposal. TRIBUTE TO MR. BRAD City of Hartford and I commend the PARKHURST, RECIPIENT OF THE In 1995, the Department of Labor had requested proposals for Job Corps Cen- Department of Labor for their selec- 1998 MERRIMACK CHAMBER OF tion.∑ COMMERCE PRESIDENT’S AWARD ter sites and Hartford’s joint applica- tion with the city of Bloomfield was re- f ∑ Mr. SMITH of New Hampshire. Mr. garded highly. Unfortunately, the fund- President, I rise today to acknowledge WORK INCENTIVES IMPROVEMENT ing for proposed new Centers was re- and commend Mr. Brad Parkhurst. ACT OF 1999 scinded in the middle of the review Brad was recently awarded the Presi- ∑ Mr. GRASSLEY. Mr. President, I rise process and no new Job Corps Centers dent’s Award from the Merrimack today in support of legislation intro- were selected. But Hartford, Con- Chamber of Commerce. duced last week by Senators JEFFORDS, necticut residents did not give up and Brad has worked at Public Service of KENNEDY, ROTH, and MOYNIHAN. I com- the Department of Labor vowed to New Hampshire since 1974. During that mend my colleagues for their dedica- honor its commitment to new Centers time, he has held positions in Genera- tion to improving the way federal pro- in the future. tion, Distribution and Marketing. He Hartford, Connecticut is a thriving grams serve persons with disabilities. has worked since 1981 in the Marketing business and cultural center, head- Continuing my support for this effort Support Department developing inno- quarters to major insurance and finan- from last Congress, I am glad to an- vative ideas to unique consumer situa- cial centers and home to renown the- nounce that I joined my colleagues as tions. ater and art museums. It is situated on an original co-sponsor this year of S. Brad has illustrious credentials as a the banks of the historic Connecticut 331, The Work Incentives Improvement member of the Merrimack Chamber of River which was heralded as an Amer- Act of 1999. Commerce. He serves on the Board of ican Heritage River last year. Hartford This bill addresses one of the great Directors, is Chairman for the ‘‘Swing is now embarking on a major water- tragedies of our current disability sys- into Spring’’ Consumer Expo and has front residential, recreational and tem, a system that forces many people solicited sponsors for Consumer Expos. workplace development plan. with disabilities to choose between Brad is also very involved in profes- The city’s overall unemployment working and maintaining access to sional organizations. He serves as Asso- rate is at 2.9 percent, but the unem- necessary health benefits. This was ciate Member Director and Chairman ployment rate for youth ages 16–19 is never the intention of these programs. of the Associates Council of the Home much higher. Despite Connecticut’s It is critical that we act now to over- Builders and Remodelers Association of economic recovery, too many young turn today’s policies of disincentives New Hampshire. He is a member of the people are being left out of a job mar- towards work and replace them with Building and Association Planning ket that demands high-level skills. thoughtful, targeted incentives that Committees and the Manchester Area Hartford has many of the problems fac- will enable many individuals with dis- Home Builders Association. He re- ing other large cities, including aban- abilities to return to work. ceived the ‘‘Associate of the Year’’ doned industrial sites, crumbling Over the years I have heard from award from the Home Builders and Re- schools and double-digit highschool Iowans who have been forced to leave modelers Association in 1994 and 1996. dropout rates. At one Hartford high the work force because of a disability. He also serves on the Board of Direc- school, the dropout rate was more than While they remain disabled and still tors of the National Association of 50 percent last year. That statistic is require ongoing health benefits, they Home Builders located in Washington, unacceptable and why I support the are eager to return to work. However, D.C. need for a Job Corp Center in Hartford. because of the risk of losing critical Along with his professional creden- It will make a critical difference in the health benefits covered by Medicare tials, Brad is also highly active in the lives of so many at-risk youth. and Medicaid, too many capable indi- community. He has been the treasurer Job Corps has been providing edu- viduals are deterred from entering or of four non-profit organizations. He is cation and training for disadvantaged re-entering the work force. an active member and Mission Director youth for more than 34 years. The pro- It is essential that our public dis- for the Merrimack Community Chris- gram is so successful because it is a ability programs encourage, not dis- tian Church. He is the Director and voluntary year-round program offering courage, employment. This legislation Treasurer of Love Through Faith Min- education, training and support serv- tackles the risks and uncertainties dis- istries International, an organization ices, including meals, child care and abled individuals face when trying to that assists the poorest nations in the counseling. It maintains a zero toler- return to work. For individuals eligible world. This past spring Brad and his ance for drugs and violence. for the Supplemental Security Income

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1187 (SSI) and Social Security Disability In- TESTIMONY OF SENATOR SLADE Such clear and compelling statistics dem- surance (SSDI) programs, this legisla- GORTON TO THE SENATE onstrate that, despite our best intentions, tion provides for continued coverage of HEALTH, EDUCATION, LABOR the federal government has failed to create a coherent set of programs that address the critical benefits under the Medicaid AND PENSIONS COMMITTEE varied needs of children around the country. program, such as personal assistance ∑ Mr. GORTON. Mr. President, I ask I submit to you that we have failed because and prescription drugs. These services that my testimony of January 26, 1999, we do not and can not possibly know and un- are vital to many people with disabil- in front of the Senate Health, Edu- derstand all the challenges faced by school ities. Furthermore, this proposal would cation, Labor, and Pensions Com- children today. provide beneficiaries with unprece- Who does know best? It’s simple. Our chil- mittee, regarding education reform be dren’s parents, teachers, principals, super- dented access to private rehabilitation printed in the RECORD. intendents and school board members know services. Currently, the Social Security The testimony follows: much better than we what our school chil- Administration is unable to refer many Mr. Chairman, members of the Committee, dren need in their own communities. Even beneficiaries for rehabilitation. This thank you for the invitation to testify here within my own State, the needs of children legislation would create opportunities today. You have a significant task ahead— in Woodinville, Wenatchee and Walla Walla for beneficiaries of both the SSI and the reauthorization of the Elementary and differ greatly. Those working closely with SSDI programs to access rehabilitation Secondary Education Act. Today I will share our children should be allowed to make more what I believe is the proper role for the fed- of the vital decisions regarding their edu- services from either the public or pri- eral government in education policy. cation. vate sector, increasing choice, access When the original ESEA legislation passed This is not to say that the federal govern- and quality of these valuable services. in 1965, it included just over 30 pages. Today ment should not continue to target resources The most encouraging component of it is more than 300 pages long. The federal to needy populations. We can and should this legislative proposal is that which government has, with the best of intentions, hold States and local communities account- eliminates work disincentives and fa- vastly increased its role in the education of able for results. But we must not begin from cilitates self-sufficiency among those our children. What do we have to show for it? a point that immediately ties their hands Virtually nothing. and strangles innovation. with disabilities. This legislation pro- The results of the Third International It is time for the federal government to try hibits using work activity as the only Math and Science Study were reported last something new. I’m sure many of you have basis for triggering a continuing dis- year. Our high school’s graduating seniors heard the success stories I have about inno- ability review. What’s more, the pro- did not fare well. 12th grade students from vative education practices taking place in posal would expedite the process of eli- the United States earned scores below the the Chicago Public Schools. Paul Vallas, the gibility determinations for individuals international average in both science and CEO of the Chicago school system, recently who have been on disability insurance mathematics. In fact, the United States was addressed an audience here in Washington, outscored by 18 other countries in mathe- D.C. to discuss the reforms he’s instituted but who lost it because they were matics, coming in just ahead of Cyprus and that have done so much to turn his school working. South Africa. Verbal and combined SAT system around. When asked by former Sec- The risk of losing health care bene- scores are lower today than they were in retary of Education William Bennett what fits provided through the Medicare and 1970. the most important power was that he’d Medicaid programs is a major disincen- For the last 35 years, Washington D.C.’s re- been given, Mr. Vallas replied, ‘‘The flexi- tive for millions of beneficiaries who sponse to crises in public education has been bility to allocate our resources as we see want to be a part of our nation’s dy- to create one program after another—sys- fit.’’ tematically increasing the federal role in In 1995, the Illinois legislature gave that namic workforce. The intent of these classrooms across the country. While the flexibility to Mr. Vallas and the Chicago sys- programs was never to demoralize or exact number of federal education programs tem by combining all state education pro- dishearten Americans who are ready, is subject to dispute, a report released last grams into two grants—one for special edu- willing and able to work. I look for- year by the House Education and the Work- cation and one for everything else. The legis- ward to the passage of this legislation force Committee found more than 700 such lature allowed Mr. Vallas and the Chicago which will unlock the doors to employ- programs. School Board to decide how to allocate their ment for these invaluable citizens.∑ A review of the ‘‘Digest of Education Sta- resources. tistics’’, compiled by the Department of Edu- A request for similar authority has been f cation, shows that the federal government made recently by the Seattle School district, RECOGNITION OF THE MISS USA funds a multitude of federal education pro- in this case to the federal government. Se- grams spread across 39 departments and attle has asked the Department of Education VOLUNTEERS agencies. Although the Digest shows that to waive several Title I rules and regulations ∑ Mr. BOND. Mr. President, as you funding for these programs totaled $73.1 bil- so it can reform its schools’ funding system. know, this year the Miss USA Pageant lion in 1997, it does not provide a list of the It wants to provide a system of open enroll- will be held in my home state of Mis- programs included. When asked, the Depart- ment, in which students can enroll in public souri this Friday. I rise today to recog- ment was unable to provide a list. schools of their choice. Schools in the dis- One year ago, Dr. Carlotta Joyner of the trict would then be ranked by concentration nize the hard work and dedication of General Accounting Office testified before of poverty. Those with more than a 50% con- the nearly 400 volunteers from the Senate Budget Committee Education centration of poverty would receive Title I Branson, Missouri who have donated Task Force. She informed us about 127 At- funds, and could use those funds on a school- multiple hours to ensure that this Risk and Delinquent Youth programs admin- wide basis. Although the funds would be used year’s pageant runs smoothly. istered by 15 departments and agencies; more to address the needs of all children in a The volunteer corps is an integral than 90 Early Childhood programs adminis- school receiving the funds, particular atten- part of the pageant. They operate the tered by 11 departments and agencies; and 86 tion would be given to those who require ad- entire pageant as well as all of the Teacher Training programs administered by ditional support in achieving state learning 9 departments and agencies. standards. It is unclear, however, that the events leading up to it. It is the tire- The failure of these programs has not gone U.S. Department of Education will allow the less effort and the many behind the unnoticed. The federal government’s largest waiver necessary to implement this innova- scenes hours of the volunteers that education program, Title I, was developed as tive reform. The point is, Seattle shouldn’t make this pageant successful year a part of the original ESEA in 1965 to narrow have to ask. after year. This year will be no dif- the achievement gap between rich and poor I have introduced legislation twice in the ferent, as the people of Branson have students. Chester Finn, in a recent article past two years that would allow such innova- for the Weekly Standard, notes that despite done a wonderful job. tive reforms to take place. Although my pouring $118 billion into Title I over the past amendment passed the Senate on each occa- This Friday night, as millions of peo- three decades, it has been unable to cause sion, it was removed in conference com- ple across the country and around the any significant improvement in the achieve- mittee discussions under the threat of a veto world look to Branson for the crowning ment of these needy children. Furthermore by President Clinton. I want to let this Com- of the next Miss USA, I encourage all it is difficult to establish, as Dr. Finn also mittee know that I intend to introduce legis- Americans to recognize the effort of notes in his article, that the Safe and Drug lation again that will accomplish my goals the citizens of Branson who won’t ap- Free Schools program has made schools ei- of giving states and local communities the pear on camera and whose names won’t ther safe or drug free; that the Eisenhower ability to implement reforms that they be- professional development program has pro- lieve will benefit their students and provide scroll across the screen. Mr. President, duced quality math and science teachers; or them with a quality education. It is, I be- I now ask the Senate to join me in rec- that Goals 2000 has moved us any closer to lieve, somewhat more flexible than the simi- ognition of these unsung heroes of the the national education goals set a decade lar and meritorious bills introduced by Sen- Miss USA Pageant.∑ earlier. ators Bond and Hutchinson. To ensure that a

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1188 CONGRESSIONAL RECORD — SENATE February 3, 1999 quality education is available I believe we burn victims), physically and mentally shall be closed for deliberation, and in need to trust the wisdom of those who spend challenged children, and those that are that case’’ and ‘‘, to be had without de- each day with our children—their parents, developmentally delayed. In the six bate’’. teachers, principals, superintendents and years that The Faith House has con- school board members.∑ f tributed to the community, over 500 f young lives have been changed by Ms. NOTICE OF INTENT TO SUSPEND TRIBUTE TO TERRIE Jamison’s vision. THE RULES OF THE SENATE BY ARCHAMBAULT, 1998 MERRIMACK I commend Ms. Jamison for her hard SENATORS HARKIN AND CHAMBER OF COMMERCE BUSI- work and tireless dedication. I encour- WELLSTONE NESS PERSON OF THE YEAR age communities across the nation to In accordance to Rule V of the Stand- look to The Faith House as a model ∑ ing Rules of the Senate, I (for myself Mr. SMITH of New Hampshire. Mr. and inspiration for similar programs. It President, I rise today to recognize and and for Mr. WELLSTONE) hereby give is my sincere hope that Ms. Jamison notice in writing that it is my inten- congratulate Terrie Archambault of will continue to change young lives New Hampshire for being selected by tion to move to suspend the following and enrich the community of North St. portions of the Rules of Procedures and the Merrimack Chamber of Commerce Louis for many years to come.∑ as the ‘‘1998 Business Person of the Practice in the Senate When Sitting on f Year.’’ Impeachment Trials in regard to de- Terrie began working with Citizens NOTICE OF INTENT TO SUSPEND bate by Senators on a motion during Bank in 1990 as a part-time teller and THE RULES OF THE SENATE BY the trial of President William Jefferson was quickly promoted through the SENATORS HARKIN AND Clinton: ranks: first to customer service rep- WELLSTONE (1) The phrase ‘‘without debate’’ in resentative, then to assistant manager, In accordance to Rule V of the Stand- Rule VII; and in 1996 she became manager of the ing Rules of the Senate, I (for myself (2) the following portion of Rule XX: Merrimack branch of Citizens Bank. and for Mr. WELLSTONE) hereby give ‘‘, unless the Senate shall direct the Terrie has shown an unwavering notice in writing that it is my inten- doors to be closed while deliberating dedication to her community. She tion to move to suspend the following upon its decisions. A motion to close oversees a program at her branch portions of the Rules of Procedures and the doors may be acted upon without called ‘‘Bank at School.’’ This program Practice in the Senate When Sitting on objection, or, if objection is heard, the allows elementary school students to Impeachment Trials in regard to de- motion shall be voted on without de- open new accounts, make deposits and, bate by Senators on a motion during bate by the yeas and nays, which shall most importantly, learn the basics of the trial of President William Jefferson be entered on the record’’; and personal banking. She organizes the Clinton: (3) In Rule XXIV, the phrases ‘‘with- collection of food and monetary dona- (1) The phrase ‘‘without debate’’ in out debate’’, ‘‘except when the doors tions for the Nashua Soup Kitchen and Rule VII; shall be closed for deliberation, and in Shelter, and frequently helps serve (2) the following portion of Rule XX: that case’’ and ‘‘, to be had without de- food at the kitchen. In addition, ‘‘, unless the Senate shall direct the bate’’. through Operation Santa Claus at the doors to be closed while deliberating f Merrimack Lioness Club, Terrie helps upon its decisions. A motion to close NOTICE OF INTENT TO SUSPEND provide Christmas gifts to families in the doors may be acted upon without THE RULES OF THE SENATE BY need in her community. objection, or, if objection is heard, the SENATORS HARKIN AND Furthermore, Terrie’s involvement motion shall be voted on without de- WELLSTONE with the Merrimack Chamber of Com- bate by the yeas and nays, which shall merce has strengthened the Chamber’s be entered on the record’’; and In accordance to Rule V of the Stand- ties with the community. Currently (3) In Rule XXIV, the phrases ‘‘with- ing Rules of the Senate, I (for myself out debate’’, ‘‘except when the doors serving as Secretary on the Executive and for Mr. WELLSTONE) hereby give shall be closed for deliberation, and in Board, Terrie has secured sponsorships notice in writing that it is my inten- that case’’ and ‘‘, to be had without de- for several of the Chamber’s events. tion to move to suspend the following bate’’. Along with her husband Dan of 28 portions of the Rules of Procedures and years, as well as her two childen and f Practice in the Senate When Sitting on four grandchilden, Terrie is a positive NOTICE OF INTENT TO SUSPEND Impeachment Trials in regard to de- influence on her community. THE RULES OF THE SENATE BY bate by Senators on a motion during As a former small businessman my- SENATORS HARKIN AND the trial of President William Jefferson self, I understand the hard work and WELLSTONE Clinton: (1) The phrase ‘‘without debate’’ in dedication required for success in busi- In accordance to Rule V of the Stand- Rule VII; ness. Mr. President, I wish to congratu- ing Rules of the Senate, I (for myself (2) the following portion of Rule XX: late Terrie Archambault for all of her and for Mr. WELLSTONE) hereby give ‘‘, unless the Senate shall direct the accomplishments, and especially for notice in writing that it is my inten- doors to be closed while deliberating being named the ‘‘1998 Business Person tion to move to suspend the following upon its decisions. A motion to close of the Year.’’ It is an honor to rep- portions of the Rules of Procedures and the doors may be acted upon without resent her in the United States Sen- Practice in the Senate When Sitting on ∑ objection, or, if objection is heard, the ate. Impeachment Trials in regard to de- motion shall be voted on without de- f bate by Senators on a motion during bate by the yeas and nays, which shall the trial of President William Jefferson TRIBUTE TO MILDRED JAMISON be entered on the record’’; and Clinton: ∑ Mr. BOND. Mr. President, I rise (1) The phrase ‘‘without debate’’ in (3) In Rule XXIV, the phrases ‘‘with- today in recognition of Mildred Rule VII; out debate’’, ‘‘except when the doors Jamison for her hard work and dedica- (2) the following portion of Rule XX: shall be closed for deliberation, and in tion at The Faith House in North St. ‘‘, unless the Senate shall direct the that case’’ and ‘‘, to be had without de- Louis, Missouri. The Faith House is a doors to be closed while deliberating bate’’. Child Caring/Placement Agency that is upon its decisions. A motion to close f committed to helping children with the doors may be acted upon without special needs. Children that have been objection, or, if objection is heard, the NOTICE OF INTENT TO SUSPEND served by the Faith House include motion shall be voted on without de- THE RULES OF THE SENATE BY those that have been drug exposed, bate by the yeas and nays, which shall SENATORS WELLSTONE AND have HIV/AIDS, have been emotionally be entered on the record’’; and HARKIN or sexually abused, are medically frag- (3) In Rule XXIV, the phrases ‘‘with- In accordance to Rule V of the Stand- ile (including transplant recipients and out debate’’, ‘‘except when the doors ing Rules of the Senate, I (for myself

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 3, 1999 CONGRESSIONAL RECORD — SENATE S1189 and for Mr. HARKIN) hereby give notice doors to be closed while deliberating ADJOURNMENT UNTIL 1 P.M. in writing that it is my intention to upon its decisions. A motion to close TOMORROW move to suspend the following portions the doors may be acted upon without Mr. GREGG. Mr. President, if there of the Rules of Procedure and Practice objection, or, if objection is heard, the is no further business to come before in the Senate When Sitting on Im- motion shall be voted on without de- the Senate, I now ask that the Senate peachment Trials in regard to debate bate by the yeas and nays, which shall stand in adjournment under the pre- by Senators on a motion during the be entered on the record’’; and vious order. trial of President William Jefferson (3) In Rule XXIV, the phrases ‘‘with- There being no objection, the Senate, Clinton: out debate’’, ‘‘except when the doors at 3:13 p.m., adjourned until Thursday, (1) The Phrase ‘‘without debate’’ in shall be closed for deliberation, and in February 4, at 1 p.m. Rule VII; that case’’ and ‘‘, to be had without de- (2) the following portion of Rule XX: bate’’. f ‘‘, unless the Senate shall direct the f NOMINATIONS doors to be closed while deliberating NOTICE OF INTENT TO SUSPEND Executive nominations received by upon its decisions. A motion to close the Secretary of the Senate January the doors may be acted upon without THE RULES OF THE SENATE BY SENATORS WELLSTONE AND 29, 1999, under authority of the order of objection, or, if objection is heard, the the Senate of January 6, 1999: motion shall be voted on without de- HARKIN DEPARTMENT OF ENERGY bate by the years and nays, which shall In accordance to Rule V of the Stand- be entered on the record’’; and ROBERT WAYNE GEE, OF TEXAS, TO BE AN ASSISTANT ing Rules of the Seante, I (for myself SECRETARY OF ENERGY (FOSSIL ENERGY), VICE PATRI- (3) In Rule XXIV, the phrases ‘‘with- and for Mr. HARKIN) hereby give notice CIA FRY GODLEY, RESIGNED. out debate’’, ‘‘except when the doors in writing that it is my intention to shall be closed for deliberation, and in move to suspend the following portions Executive nominations received by that case’’ and ‘‘, to be had without de- of the Rules of Procedure and Practice the Senate February 3, 1999: bate’’. in the Senate When Sitting on Im- IN THE COAST GUARD f peachment Trials in regard to delibera- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tions by Senators on the article of im- IN THE UNITED STATES COAST GUARD RESERVE TO THE NOTICE OF INTENT TO SUSPEND GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION THE RULES OF THE SENATE BY peachment during the trial of Presi- 12203(A): SENATORS WELLSTONE AND dent William Jefferson Clinton: To be captain HARKIN (1) The phrase ‘‘without debate’’ in GEORGE W. MOLESSA, JR., 0000 Rule VII; IN THE COAST GUARD In accordance to Rule V of the Stand- (2) the following portion of Rule XX: ing Rules of the Senate, I (for myself THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ‘‘, unless the Senate shall direct the TO THE GRADE INDICATED IN THE UNITED STATES and for Mr. HARKIN) hereby give notice doors to be closed while deliberating COAST GUARD UNDER 14 U.S.C., SECTION 271: in writing that it is my intention to upon its decisions. A motion to close To be commander move to suspend the following portions the doors may be acted upon without JAMES W. KELLY, 0000 of the Rules of Procedure and Practice objection, or, if objection is heard, the KURT W. NANCARROW, 0000 in the Senate When Sitting on Im- DAVID D. SKEWES, 0000 motion shall be voted on without de- DAVID L. JONES, 0000 peachment Trials in regard to debate bate by the yeas and nays, which shall WILLIE M. DUPRIEST, 0000 by Senators on a motion during the CHAD T. JASPER, 0000 be entered on the record’’; and MICHAEL F. RALL, 0000 trial of President William Jefferson (3) In Rule XXIV, the phrases ‘‘with- ERIC M. LINTON, 0000 Clinton: PETER S. MARSH, 0000 out debate’’, ‘‘except when the doors MICHAEL F. FLANAGAN, 0000 (1) The phrase ‘‘without debate’’ in shall be closed for deliberation, and in KARL R. BALDESSARI, 0000 Rule VII; MATTHEW E. CUTTS, 0000 that case’’ and ‘‘, to be had without de- WILLIAM H. TIMBS, 0000 (2) the following portion of Rule XX: bate’’. KIRK E. HILES, 0000 ‘‘, unless the Senate shall direct the THOMAS D. WADE, 0000 f GILBERT E. TEAL, 0000 doors to be closed while deliberating RICHARD H. SCHLATTER, 0000 upon its decisions, or, if objection is JAMES E. RENDON, 0000 ORDERS FOR THURSDAY, JOHN P. PHILBIN, 0000 heard, the motion shall be voted on FEBRUARY 4, 1999 KARL H. CALVO, 0000 without debate by the years and nays, TERRY D. GILBREATH, 0000 Mr. GREGG. Mr. President, I ask JOANNE CAFFREY, 0000 which shall be entered on the record’’; ROBERT M. DIEHL, 0000 and unanimous consent that when the Sen- RODERICK L. SMITH, 0000 ate completes its business today, it LIAM J. SLEIN, 0000 (3) In Rule XXIV, the phrase ‘‘with- JOHN J. MACALUSO, 0000 out debate’’, ‘‘except when the doors stand in adjournment until 1 p.m. on SCOTT P. LAROCHELLE, 0000 Thursday, February 4. I further ask MICHAEL A. TEKESKY, 0000 shall be closed for deliberation, and in THOMAS M. CULLEN, 0000 that case’’ and ‘‘, to be had without de- consent that upon reconvening Thurs- GERARD R. DOSTIE, 0000 bate’’. day and immediately following the JAMES A. SWEET, 0000 prayer, the Senate resume consider- NICHOLAS J. STAGLIANO, 0000 f DAVID J. SWATLAND, 0000 ation of the articles of impeachment. I BRIAN J. MARVIN, 0000 SARAH J. SHORES, 0000 NOTICE OF INTENT TO SUSPEND further ask that when the Senate re- JOSEPH C. SINNETT, 0000 THE RULES OF THE SENATE BY cesses as a court and resumes legisla- KENNETH D. NORRIS, 0000 PAUL J. RODEN, 0000 SENATORS WELLSTONE AND tive session, the Journal of the pro- ERIC D. HULTMARK, 0000 HARKIN ceedings be approved to date, the MARK L. PORVAZNIK, 0000 MICHAEL F. LEONARD, 0000 In accordance to Rule V of the Stand- morning hour be deemed to have ex- JAMES J. O CONNER, 0000 pired, and the time for the two leaders JAMES B. KIDWELL, 0000 ing Rules of the Senate, I (for myself JACQUELINE A. STAGLIANO, 0000 and for Mr. HARKIN) hereby give notice be reserved. BRYAN J. SEALE, 0000 The PRESIDING OFFICER. Without PETER J. ZOHORSKY, 0000 in writing that it is my intention to PAUL F. GUINEE, 0000 move to suspend the following portions objection, it is so ordered. DOUGLAS J. SMITH, 0000 ANTHONY J. PALAZZETTI, 0000 of the Rules of Procedure and Practice f THOMAS J. VITULLO, 0000 in the Senate When Sitting on Im- EDWARD P. NAGLE, 0000 PROGRAM SCOTT W. ROBERT, 0000 peachment Trials in regard to debate CHARLES V. STRANGFELD, 0000 by Senators on a motion during the Mr. GREGG. Mr. President, for the STEVEN L. HUDSON, 0000 information of all Senators, tomorrow ALAN M. MARSILIO, 0000 trial of President William Jefferson JENNIFER E. LAY, 0000 Clinton: the Senate will resume consideration EDWARD P. SEEBALD, 0000 of the articles of impeachment. All ROBERT S. WALTERS, 0000 (1) The phrase ‘‘without debate’’ in JEFFREY S. LEE, 0000 Rule VII; Members are again reminded to please KINGSLEY J. KLOSSON, 0000 (2) the following portion of Rule XX: be in the Chamber a few minutes prior LAWRENCE E. CORNWELL, 0000 MARK J. FALLER, 0000 ‘‘, unless the Senate shall direct the to 1 p.m. to receive the Chief Justice. KEITH P. STEINHOUSE, 0000

VerDate Mar 15 2010 21:39 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 9801 E:\1999SENATE\S03FE9.REC S03FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1190 CONGRESSIONAL RECORD — SENATE February 3, 1999 JOHN W. KOSTER, 0000 To be lieutenant commander ROBERT S. WILBUR, 0000 CHRISTOPHER B. CARTER, 0000 THOMAS W. KOWENHOVEN, 0000 LEONARD W. ALLEN, 0000 JAMES E. MALENE, 0000 JONATHAN D. HELLER, 0000 JOSEPH R. SHERMAN, 0000 BRIAN J. TETREAULT, 0000 ERIC J. VOGELBACHER, 0000 JOHN M. FELKER, 0000 GEORGE E. PELLISSIER, 0000 PATRICK J. MAGUIRE, 0000 PATRICK G. GERRITY, 0000 JOSE A. NEIVES, 0000 JOHN P. NADEAU, 0000 STEVEN M. HANEWICH, 0000 ROBERT P. YEREX, 0000 MARK A. JACKSON, 0000 SCOTT J. FERGUSON, 0000 MARK W. ADAMS, 0000 THOMAS C. MILLER, 0000 MICHAEL D. HARGADON, 0000 HARRY S. WALKER, 0000 BRENDAN C. MC PHERSON, 0000 THOMAS M. SPARKS, 0000 ERIC J. BERNHOLZ, 0000 GREGORY A. BUXA, 0000 KEITH D. HERCHENRODER, 0000 CALLAN J. BROWN, 0000 JOHN J. DALY, 0000 ALDA L. SIEBRANDS, 0000 WILLIAM L. CHANEY, 0000 PAUL G. BACA, 0000 PATRICK MERRIGAN, 0000 SCOTT R. FRECK, 0000 ERIK S. ANDERSON, 0000 DAVID B. SPRACKLEN, 0000 JAYSON L. HELSEL, 0000 WILLIAM G. ROSPARS, 0000 LORNE W. THOMAS, 0000 WILLIAM J. ANTONAKIS, 0000 ANDREW J. TIONGSON, 0000 JAMES M. MICHALOWSKI, 0000 SCOTT A. BUDKA, 0000 CHRISTOPHER J. PERRONE, 0000 KEVIN L. PETERSON, 0000 RICHARD F. RONCONE, 0000 MATTHEW W. SIBLEY, 0000 PAUL M. GUGG, 0000 DAVID J. FORD, 0000 THOMAS P. WOJAHN, 0000 MOLLY K. RIORDAN, 0000 FRANK D. WAKEFIELD, 0000 GERALD A. KIRCHOFF, 0000 TERRENCE J. PROKES, 0000 KIRK W. PICKERING, 0000 MARC F. SANDERS, 0000 THOMAS F. TABRAH, 0000 SAMUEL J. SUMPTER, 0000 GREGORY J. DEPINET, 0000 DAVID M. POULSEN, 0000 EUGENE R. BOLDUC, 0000 ANDREA M. MARCILLE, 0000 BRUCE C. JONES, 0000 DAVID C. HAYNES, 0000 MATTHEW S. POCOCK, 0000 STEVEN J. DANIELCZYK, 0000 JEFFREY D. GAFKJEN, 0000 MATTHEW J. GIMPLE, 0000 NEIL L. NICKERSON, 0000 DANIEL L. LEBLANC, 0000 RUSSELL A. DAVIDSON, 0000 MATTHEW J. SISSON, 0000 MICHAEL P. MC CRAW, 0000 MARK T. RUCKSTUHL, 0000 THOMAS D. HARRISON, 0000 JEROME K. BRADFORD, 0000 PETER J. SISTARE, 0000 ERIC A. WASHBURN, 0000 ERIC M. GIESE, 0000 ROBERT L. WHITEHOUSE, 0000 JAMES C. BASHELOR, 0000 JOSEPH S. COST, 0000 RONALD A. LABREC, 0000 SAM M. NEILL, 0000 JANE C. WONG, 0000 RICHARD L. MOUREY, 0000 MICHAEL S. KAZEK, 0000 BRUCE C. FISHER, 0000 KEVIN C. KIEFER, 0000 ROBERT P. SHEAVES, 0000 ROBERT T. SPAULDING, 0000 DANIEL E. KENNY, 0000 PAUL W. SCHULTE, 0000 KARL L. FREY, 0000 ROBERT L. GANDOLFO, 0000 JOSEPH E. WAHLIG, 0000 MICHAEL G. CALLAHAN, 0000 DANIEL J. MC LAUGHLIN, 0000 THOMAS W. JONES, 0000 DAVID J. HAMMEL, 0000 CATHERINE W. TOBIAS, 0000 RAYMOND J. PERRY, 0000 RICHARD L. HINCHION, 0000 JOHN F. COMAR, 0000 SUSAN B. WOODRUFF, 0000 PATRICK J. MC GILLVRAY, 0000 JERALD L. WOLOSZYNSKI, 0000 DONALD J. ROSE, 0000 ROBERT W. SCRUGGS, 0000 ROBERT E. MC KENNA, 0000 ERIC A. CHAMBERLIN, 0000 DONALD E. JACCARD, 0000 DOUGLAS M. FEARS, 0000 MATTHEW R. BARRE, 0000 GUY T. PILLA, 0000 CHRISTOPHER S. MYSKOWSKI, 0000 DANIEL A. RONAN, 0000 RANDALL C. SCHNEIDER, 0000 PAUL B. DUTILLE, 0000 BRUCE D. BAFFER, 0000 RICARDO R. RODRIGUEZ, 0000 JUNG A. LAWRENCE, 0000 MICHAEL J. ANDRES, 0000 THOMAS M. JENKINS, 0000 DELANO G. ADAMS, 0000 GORDON K. WEEKS, 0000 HAL R. PITTS, 0000 DENNIS S. BAUBY, 0000 JONATHAN H. NICKERSON, 0000 ROBERT P. STUDEBAKER, 0000 GEORGE G. BONNER, 0000 WILLIAM J. RALL, 0000 THOMAS J. MORIARTY, 0000 ANTHONY M. DISANTO, 0000 TIMOTHY A. CHERRY, 0000 SCOTT R. MC FARLAND, 0000 NICHOLAS A. BARTOLOTTA, 0000 BRIAN M. JUDGE, 0000 ROBERT D. PERKINS, 0000 GEOFF R. BORREE, 0000 PATRICK J. DWYER, 0000 CRAIG S. CROSS, 0000 KEITH A. WILLIS, 0000 ANNE T. EWALT, 0000 TIMOTHY Y. DEAL, 0000 PAUL E. BOINAY, 0000 GERALD D. DEAN, 0000 MARK E. REYNOLDS, 0000 LAWRENCE J. ZACHER, 0000 PETER B. WEDDINGTON, 0000 JAMES R. FOGLE, 0000 LEONARD R. TUMBARELLO, 0000 JOHN E. TOMKO, 0000 NEIL E. MEISTER, 0000 SCOTT D. ROGERSON, 0000 ROBERT M. DEAN, 0000 STANLEY E. BALINT, 0000 DAVID S. FIEDLER, 0000 GEORGE J. STEPHANOS, 0000 RICHARD M. KEESLER, 0000 JOHN E. TYSON, 0000 SUZANNE E. ENGLEBERT, 0000 RANDALL D. FARMER, 0000 ELIZABETH D. ALLEMAND, 0000 DONALD R. TRINER, 0000 SUSAN J. WORKMAN, 0000 JAMES D. MC MAHON, 0000 STEVEN D. POULIN, 0000 RICHARD A. WILLIAMS, 0000 JENNIFER V. LEATHERS, 0000 PATRICK W. BRENNAN, 0000 MICHAEL F. WHITE, 0000 PETER J. HATCH, 0000 THOMAS P. MARIAN, 0000 CASEY J. PLAGGE, 0000 MICHAEL H. SIM, 0000 CARL J. UCHYTIL, 0000 STEPHEN H. TORPEY, 0000 CRAIG R. HENZEL, 0000 MICHAEL H. ANDERSON, 0000 DAVID L. NICHOLS, 0000 ROBERT K. THOMPSON, 0000 MARK S. CARMEL, 0000 MONT E. MC MILLEN, 0000 CLAYTON L. DIAMOND, 0000 CHRISTOPHER J. HALL, 0000 EVA R. KUMMERFELD, 0000 WILLIAM K. NOFTSKER, 0000 ROBERT E. SMITH, 0000 DOUGLAS K. BRUCE, 0000 DOUGLAS L. SUBOCZ, 0000 MICHAEL D. EMERSON, 0000 JAMES D. BAUGH, 0000 KENNETH D. MARIEN, 0000 PAUL S. RATTE, 0000 GEORGE B. SACKETT, 0000 MICHAEL J. EAGLE, 0000 MARTIN C. OARD, 0000 JEFFREY S. ST CLAIR, 0000 SEAN R. MURTAGH, 0000 WILLIAM J. QUIGLEY, 0000 ALLEN W. ECHOLS, 0000 CAROLYN HARRISS, 0000 CHRIS G. KMIECIK, 0000 PAUL D. THORNE, 0000 JEFFREY P. NOVOTNY, 0000 JOHN E. CAMERON, 0000 JAMES A. PATRICK, 0000 KEVIN E. RAIMER, 0000 MICHAEL C. HUSAK, 0000 IRENCO D. VILLANUEVA, 0000 CHARLES M. SIMERICK, 0000 MICHAEL A. GIGLIO, 0000 WAYNE F. MACKENZIE, 0000 WENDY M. CALDER, 0000 DANIEL V. SVENSSON, 0000 SHERYL L. DICKINSON, 0000 BRIAN S. WILLIS, 0000 BRIAN J. MERRILL, 0000 AARON C. DAVENPORT, 0000 SANDERS M. MOODY, 0000 KATHERINE F. TIONGSON, 0000 PATRICIA L. MOUNTCASTLE, 0000 MICHELE BOUZIANE, 0000 GLENN CILENO, 0000 CARL T. ALAM, 0000 KATHLEEN MOORE, 0000 CHARLES R. AYDLETTE, 0000 THOMAS C. PEDAGNO, 0000 RAYMOND A. ENGBLOM, 0000 JACK P. POLING, 0000 BRIAN J. MUSSELMAN, 0000 FRANK R. LEVI, 0000 LAWRENCE H. HENDERSON, 0000 JOHN R. BINGAMAN, 0000 ELMER O. EMERIC, 0000 JEFFERY P. HAYS, 0000 MARK A. SWANSON, 0000 ROBERT D. LEFEVERS, 0000 DANIEL P. KANE, 0000 JEFFREY E. OGDEN, 0000 PAUL D. LIMBACHER, 0000 JEFFREY M. RAMOS, 0000 THOMAS S. BARONE, 0000 MARK S. MESERVEY, 0000 MICHAEL G. LUPOW, 0000 ERIC P. BROWN, 0000 MATTHEW A. GRIM, 0000 LARRY W. HEWETT, 0000 CARI B. THOMAS, 0000 GARRISON L. MOE, 0000 ARTHUR J. SNYDER, 0000 STEVEN M. STANCLIFF, 0000 JASON K. CHURCH, 0000 KEITH A. LANE, 0000 JAMES E. MC CAFFREY, 0000 CLAUDIA V. MC KNIGHT, 0000 JOHN K. MERRILL, 0000 ALFRED C. FOLSOM, 0000 ROBERT B. MAKOWSKY, 0000 RICHARD J. REINEMANN, 0000 STEPHEN P. RAUSCH, 0000 LARRY P. PESEK, 0000 JOSEPH J. MAHR, 0000 VANN J. YOUNG, 0000 TROY K. DEIERLING, 0000 JEFFREY C. JACKSON, 0000 JAMES G. MAZZONNA, 0000 WILLIAM J. TRAVIS, 0000 JAMES E. STAMPER, 0000 KEVIN D. HARKINS, 0000 THOMAS L. KAYE, 0000 GUY L. SNYDER, 0000 CRAIG A. GILBERT, 0000 RUSSELL H. ZULLICK, 0000 JUDY A. PERSALL, 0000 RUSSELL D. CONATSER, 0000 CARMELO S. BAZZANO, 0000 RONALD J. CANTIN, 0000 SCOTT A. BUSCHMAN, 0000 PATRICK M. GORMAN, 0000 OSCAR W. STALLINGS, 0000 THEODORE F. HARROP, 0000 STEPHEN J. BARTLETT, 0000 TIMOTHY J. CIAMPAGLIO, 0000 BRIAN D. PERKINS, 0000 MICHAEL G. TANNER, 0000 DONALD R. DYER, 0000 DAVID M. HAWES, 0000 STUART H. EHRENBERG, 0000 GREGORY D. CASE, 0000 GARY W. MERRICK, 0000 PATRICIA A. MC FETRIDGE, 0000 JAMES T. HURLEY, 0000 RAYMOND W. MARTIN, 0000 THOMAS C. GETSY, 0000 WILLIAM A. FOX, 0000 MICHAEL B. CERNE, 0000 ROBIN J. KORTUS, 0000 DIANE W. DURHAM, 0000 RICHARD M. KENIN, 0000 BRIAN T. ELLIS, 0000 GERARD P. ACHENBACH, 0000 DOUGLAS R. MENDERS, 0000 JOHN C. OCONNOR, 0000 GARY M. MESSMER, 0000 LUANN BARNDT, 0000 MARK A. FRANKFORD, 0000 JEFFREY A. OVASKA, 0000 DAVID A. MC BRIDE, 0000 AMY B. KRITZ, 0000 DANIEL E. MADISON, 0000 JOSEPH W. BILLY, 0000 KARL GRAMS, 0000 ROBERT L. WEGMAN, 0000 WILLIAM T. DOUGLAS, 0000 MELINDA D. MC GURER, 0000 CHARLES SRIOUDOM, 0000 MATTHEW P. REID, 0000 DANIEL P. TAYLOR, 0000 KENNETH M. ALBEE, 0000 CRAIG A. CORL, 0000 JEFFERY M. PETERS, 0000 JOSEPH A. BOUDROW, 0000 BRAD W. FABLING, 0000 ERIC L. BRUNER, 0000 JAMES MC LAUGHLIN, 0000 JOHN T. HARDIN, 0000 THOMAS A. ROUTHIER, 0000 MARK S. LENASSI, 0000 JOHN J. SANTUCCI, 0000 TY W. RINOSKI, 0000 JOHN F. BOURGEOIS, 0000 IN THE COAST GUARD BRIAN L. NELSON, 0000 DAVID R. MORGAN, 0000 ROGER N. WYKLE, 0000 RICHARD E. LORENZEN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN R. SAREAULT, 0000 THOMAS O. MURPHY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES PARTRICK M. MC MILLIN, 0000 KEITH B. JANSSEN, 0000 COAST GUARD UNDER 14 U.S.C., SECTION 271: MICHAEL A. OBRIEN, 0000 JAMES M. KAHRS, 0000

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MARK R. HAZEN, 0000 LILTON J. MARKS, SR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT K. BREESE, 0000 RICHARD MINCH, 0000 TO THE GRADES INDICATED IN THE UNITED STATES HARRY M. HALEY, 0000 RICHARD S. ROGERS III, 0000 ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED MICHAEL K. MUSKALLA, 0000 DONALD L. RUTHERFORD, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS BRIAN P. JORDAN, 0000 ALBERT L. SMITH, 0000 531, 624, 628, AND 3064: ALLEN B. JONES, 0000 DONNA C. WEDDLE, 0000 BRIAN T. FISHER, 0000 To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRAD L. SULTZER, 0000 THOMAS J. SEMARGE, 0000 RICHARD PINEIRO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVEN M. WISCHMANN, 0000 IN THE JUDGE ADVOCATE GENERAL’S CORPS UNDER To be lieutenant colonel TITLE 10, U.S.C., SECTIONS 624 AND 3064: IN THE AIR FORCE To be colonel JOHN K. HUTSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be major FREDERIC L. BORCH III, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- LEROY C. BRYANT, 0000 *JEFFREY J. FISHER, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: JOHN L. CHARVAT, JR., 0000 To be major general JAMES M. COYNE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD G. CURRY, JR., 0000 TO THE GRADES INDICATED IN THE UNITED STATES BRIG. GEN. JOHN R. BAKER, 0000 RICHARD E. GORDON, 0000 ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED BRIG. GEN. JOHN D. BECKER, 0000 MARK W. HARVEY, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS BRIG. GEN. ROBERT F. BEHLER, 0000 DAVID L. HAYDEN, 0000 531, 624, 628, AND 3064: BRIG. GEN. SCOTT C. BERGREN, 0000 MICHAEL W. HOADLEY, 0000 To be lieutenant colonel BRIG. GEN. PAUL L. BIELOWICZ, 0000 JOHN B. HOFFMAN, 0000 BRIG. GEN. FRANKLIN J. BLAISDELL, 0000 RICHARD B. JACKSON, 0000 *WILLIAM J. MILUSZUSKY, 0000 BRIG. GEN. ROBERT P. BONGIOVI, 0000 DANIEL F. MC CALLUM, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. CARROL H. CHANDLER, 0000 ADELE H. ODEGARD, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIG. GEN. MICHAEL M. DUNN, 0000 JAMES L. POHL, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN BRIG. GEN. THOMAS B. GOSLIN, JR., 0000 MARK J. ROMANESKI, 0000 ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTION 531, 624, BRIG. GEN. LAWRENCE D. JOHNSTON, 0000 STEPHANIE D. WILLSON, 0000 BRIG. GEN. MICHAEL S. KUDLACZ, 0000 AND 628: BRIG. GEN. ARTHUR J. LICHTE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major BRIG. GEN. WILLIAM R. LOONEY III, 0000 AS A PERMANENT PROFESSOR OF THE UNITED STATES BRIG. GEN. STEPHEN R. LORENZ, 0000 MILITARY ACADEMY IN THE GRADE INDICATED UNDER *DANIEL S. SULLIVAN, 0000 TITLE 10, U.S.C., SECTION 4333 (B): BRIG. GEN. T. MICHAEL MOSELEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIG. GEN. MICHAEL C. MUSHALA, 0000 To be colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIG. GEN. LARRY W. NORTHINGTON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. EVERETT G. ODGERS, 0000 WENDELL C. KING, 0000 BRIG. GEN. WILLIAM A. PECK, JR., 0000 To be colonel BRIG. GEN. TIMOTHY A. PEPPE, 0000 IN THE NAVY CHRISTOPHER A. ACKER, 0000 BRIG. GEN. RICHARD V. REYNOLDS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. EARNEST O. ROBBINS II, 0000 GREGORY A. ADAMS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN C. ADAMS, 0000 BRIG. GEN. RANDALL M. SCHMIDT, 0000 UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. NORTON A. SCHWARTZ, 0000 DAVID A. AHRENS, 0000 BRIG. GEN. TODD I. STEWART, 0000 To be commander CHARLES B. ALLEN, 0000 BRIG. GEN. GEORGE N. WILLIAMS, 0000 RALPH E. ALLISON, JR., 0000 JOSE M. GONZALEZ, 0000 DANIEL B. ALLYN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE ARMY JAMES M. ALTHOUSE III, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR CHARLES A. ANDERSON, 0000 FORCE UNDER TITLE 10, U.S.C., SECTIONS 624 AND 628: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RODNEY O. ANDERSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVEN M. ANDERSON, 0000 To be lieutenant colonel AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN WALTER N. ANDERSON, 0000 BRUCE R. BURNHAM, 0000 ASTERISK (*)) UNDER TITLE 10, U.S.C. SECTIONS 531, 624, KURT A. ANDREWS, 0000 JAMES F. GUZZI, 0000 AND 628: JOHN R. ANGEVINE, 0000 JOHN F. ANTAL, 0000 To be major To be lieutenant colonel SCOTT L. ARMBRISTER, 0000 KENTON L. ASHWORTH, 0000 MAHENDER DUDANI, 0000 GEORGE A. AMONETTE, 0000 JOHN R. ARMSTRONG, 0000 STEVEN L. BAILEY, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- *MARK E., CHIPMAN, 0000 ROBERT L. BALL, 0000 POINTMENT TO THE GRADES INDICATED IN THE UNITED BEVERLY I. JONES, 0000 WILLIAM C. BALL, 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: JAN M. KOZLOWSKI, 0000 THOMAS A. BANASIK, 0000 ESMERALDA PROCTOR, 0000 JAMES O. BARCLAY III, 0000 To be lieutenant colonel BRENDA J. SIMMONS, 0000 ROBERT S. BARNES, 0000 KENNETH R. STOLWORTHY, 0000 HAZEN L. BARON, 0000 MALCOLM M. DEJNOZKA, 0000 ROGER S. BASS II, 0000 To be first lieutenant THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FREDERIC M. BATCHELOR, 0000 TO THE GRADES INDICATED IN THE UNITED STATES GERALD BATES, JR., 0000 GAELLE J. GLICKFIELD, 0000 ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED HOWARD W. BAUM III, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS WILLIAM J. BAYLES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 531, 624, AND 628; JAMES M. BEAGLES, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR To be lieutenant colonel RONALD E. BEASLEY, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED MICHAEL K. BEASOCK, 0000 BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS *CRAIG J. BISHOP, 0000 ARLENE L. BEATTY, 0000 624, 628, AND 531: ROBERT L. BEAVER, JR., 0000 To be major To be lieutenant colonel DEBORADH J. BECKWORTH, 0000 DAVID W. NIEBUHR, 0000 THOMAS J. BEGINES, 0000 *LES R. FOLIO, 0000 HIRAM BELL, JR., 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JOHN C. BENDYK, 0000 To be major THE UNITED STATES OFFICERS FOR APPOINTMENT TO DAVID B. BENNETT, 0000 DANIEL J. FEENEY, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY DIANE L. BERARD, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: KEVIN J. BERGNER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KIRK M. BERGNER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR To be colonel RONALD L. BERTHA, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: DALE G. NELSON, 0000 CHARLES N. BETACK, 0000 FRANK M. SWETT, JR., 0000 LANCE A. BETROS, 0000 To be colonel NANCY A. BICKFORD, 0000 VINCENT J. SHIBAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT P. BIRMINGHAM, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOSEPH P. BITTO, SR., 0000 THE FOLLOWING NAMED OFFICER FOR REGULAR AP- UNDER TITLE 10, U.S.C., SECTIONS 624 AND 628: STEVEN J. BLASKA, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED To be colonel LEONARD C. BLEVINS, 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: HARRY D. BLOOMER, 0000 DENNIS K. LOCKARD, 0000 ROBERT M. BLUM, 0000 To be captain JAMES G. BOATNER, JR., 0000 IN THE MARINE CORPS KYMBLE L. MC COY, 0000 GORDON C. BONHAM, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHARLES M. BORG, 0000 IN THE ARMY TO THE GRADE INDICATED IN THE UNITED STATES MA- RONALD M. BOUCHARD, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: MARK S. BOWMAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT G. BRADY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel RICHARD H. BREEN, JR., 0000 UNDER TITLE 10, U.S.C., SECTIONS 624 AND 628: WILLIAM J. BREYFOGLE, 0000 TERRY G. ROBLING, 0000 To be colonel PERRY L. BRIDGES, JR., 0000 IN THE ARMY DAVID R. BROOKS, 0000 GEORGE L. HANCOCK, JR., 0000 STEPHEN W. BROOKS, 0000 NEAL H. TRENT III, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF STEPHEN E. BROUGHALL, JR., 0000 SIDNEY W. ATKINSON, 0000 THE UNITED STATES OFFICERS APPOINTMENT TO THE JERRY P. BROWN, 0000 GRADE INDICATED IN THE RESERVE OF THE ARMY JOHN V. BROWN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ROBERT M. BROWN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel ROBERT W. BROWN, 0000 AS CHAPLAIN UNDER TITLE 10, U.S.C., SECTIONS 624 AND STEVEN P. BUCCI, 0000 3064: STUART C. PIKE, 0000 RUSSELL A. BUCY, 0000 To be colonel DELANCE E. WIEGELE, 0000 THOMAS R. BURNETT, 0000 WILLIAM L. BURNHAM, 0000 SAMUEL J. BOONE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD J. BURTON, 0000 DOUGLAS L. CARVER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DANIEL J. BUSBY, 0000 PAUL E. CLARK, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CARLOS A. CALDERON, 0000 ROBERT W. ELDRIDGE, JR., 0000 To be colonel JOHN F. CAMPBELL, 0000 PAUL F. HOWE, 0000 WILLIAM B. CARLTON, 0000 JOHN T. LOYA, 0000 FRANKLIN B. WEAVER, 0000 DALE A. CARR, 0000

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TERRY L. CARRICO, 0000 BERNARD E. KULIFAY, JR., 0000 ROBERT D. RICHARDSON, JR., 0000 MARIO A. CARRILLO, 0000 GERARD J. LABADIE, 0000 SCOTT O. RISSER, 0000 WILLIAM A. CARRINGTON, 0000 AHMED E. LABAULT, 0000 DUANE A. ROBERTS, 0000 JOSEPH T. CATUDAL, 0000 CARLOS A. LACOSTA, 0000 TIMOTHY F. ROBERTSON, 0000 PAUL J. CELOTTO, 0000 DAVID B. LACQUEMENT, 0000 RONNIE G. ROGERS, 0000 ROBERT L. CHADWICK, 0000 GARY F. LAMB, 0000 MARK A. RONCOLI, 0000 JAMES E. CHAMBERS, 0000 TIMOTHY J. LAMB, 0000 JOHN P. ROONEY, 0000 HAROLD L. CHAPPELL, 0000 NEIL C. LANZENDORF, JR., 0000 DANE L. ROTA, 0000 FREDRICK J. CHRONIS, 0000 GEOFFREY S. LAWRENCE, 0000 STEVEN W. ROTKOFF, 0000 FREDERICK L. CLAPP, JR., 0000 JOSEPH N. LEBOEUF, JR., 0000 MARIANE F. ROWLAND, 0000 JULIUS E. CLARK III, 0000 ROBERT B. LEES, JR., 0000 ROBERT C. RUSH, JR., 0000 WILLIAM E. CLEGHORN, 0000 FREDRICK J. LEHMAN, 0000 THEODORE S. RUSSELL, JR., 0000 STANLEY B. CLEMONS, 0000 ALVIN J. LEONARD, 0000 WILLIAM E. RYAN III, 0000 VIRGINIA M. CLOSS, 0000 STANLEY H. LILLIE, 0000 RICHARD R. RYLES, 0000 MICHAEL H. CODY, 0000 JOE M. LINEBERGER, 0000 DAVID G. SAFFOLD, 0000 MICHAEL J. COLEMAN, 0000 KAREN D. LLOYD, 0000 GENEVA C. SANDERS, 0000 MARK E. COLLINS, 0000 THOMAS S. LLOYD, 0000 MARYELIZABETH W. SAWYER, 0000 JAMES G. CONNELLY, JR., 0000 MICHAEL P. LOCKE, 0000 KEVIN G. SCHERRER, 0000 KEVIN CONNORS, 0000 CURTIS A. LUPO, 0000 JOHN H. SCHNIBBEN III, 0000 TIMOTHY P. CONSIDINE, 0000 JOHN A. MAC DONALD, 0000 THOMAS J. SCHOENBECK, 0000 RICHARD J. CONTE, 0000 MICHAEL T. MADDEN, 0000 STEVEN C. SCHRUM, 0000 JOHNIE R. COOK, 0000 TIMOTHY D. MADERE, 0000 MICHAEL L. SCHULTZ, 0000 RANDALL D. CORBIN, 0000 WILLIAM H. MAGLIN II, 0000 HARRY D. SCOTT, JR., 0000 CHARLES D. CORNWELL, 0000 FRANCIS G. MAHON, 0000 RAYMOND K. SCROCCO, 0000 CARLA K. COULSON, 0000 ANDREW R. MANUELE, 0000 TODD T. SEMONITE, 0000 CLAUDE E. CRABTREE, 0000 CHRISTINE T. MARSH, 0000 BARRY M. SHAPIRO, 0000 VERNON B. CROCKER, 0000 CHARLES M. MARTIN, 0000 JAMES D. SHARPE, JR., 0000 KRISTI L. CROSBY, 0000 LEVI R. MARTIN, 0000 RICHARD W. SHAW, 0000 JOHN M. DAMICO, 0000 JOSEPH E. MARTZ, 0000 MARY B. SHIVELY, 0000 JESSE E. DANIELS, 0000 RALPH J. MASI, 0000 EDWARD C. SHORT, 0000 JAMES W. DANLEY, 0000 BRADLEY J. MASON, 0000 PATRICK W. SHULL, 0000 WILLIAM M. DARLEY, 0000 RAYMOND V. MASON, 0000 STEPHEN M. SITTNICK, 0000 ADDISON D. DAVID IV, 0000 JAMES G. MAY, 0000 MATTHEW L. SMITH, 0000 MICHEAL E. DAVIS, 0000 JOHN H. MC ARDLE, 0000 MARK A. SOLTERO, 0000 WALTER L. DAVIS, 0000 JAMES M. MC CARL, JR., 0000 VIRGIL K. SPURLOCK, 0000 ROBERT R. DERRICK, 0000 MICHAEL K. MC CHESNEY, 0000 ARTHUR T. STAFFORD II, 0000 WILLIAM M. DIETRICK, 0000 CRAIG P. MC CURDY, 0000 ERIC W. STANHAGEN, 0000 DENNIS W. DINGLE, 0000 WILLIAM H. MC FARLAND, JR., 0000 THOMAS R. STAUTZ, 0000 JAMES F. DITTRICH, 0000 MICHAEL L. MC GINNIS, 0000 ALAN F. DODSON, 0000 DONALD C. MC GRAW, JR., 0000 KEITH R. STEDMAN, 0000 JEFFREY L. DOERR, 0000 MARK A. MC GUIRE, 0000 BRYAN K. STEPHENS, 0000 JEFFREY J. DORKO, 0000 TIM R. MC KAIG, 0000 MICHAEL J. STINE, 0000 SCOTT D. DORNEY, 0000 WENDELL B. MC KEOWN, 0000 LONNIE L. STITH, 0000 JAMES L. DUNN, 0000 JOHN R. MC MAHON, 0000 JOHN L. STRONG, 0000 MICHAEL L. DURAND, 0000 CHARLES F. MC MASTER, 0000 MICHAEL J. SULLIVAN, 0000 JOSEPH A. DURSO, 0000 MARVIN K. MC NAMARA, 0000 KIM L. SUMMERS, 0000 DALE C. EIKMEIER, 0000 ROBERT W. MC WETHY, 0000 EARL SUTTON II, 0000 CHRISTOPHER L. ELLIS, 0000 JERE S. MEDARIS, 0000 MARK A. SWARINGEN, 0000 GARY A. EMORY, 0000 KATHLEEN MEEHAN, 0000 BRENT M. SWART, 0000 MATTHREW J. FAIR, 0000 RICHARD D. MEGAHAN, 0000 DENNIS J. SZYDLOSKI, 0000 CHARLES J. FIALA, JR., 0000 PAUL E. MELODY, 0000 ANTHONY J. TATA, 0000 ARTHUR W. FINEHOUT, JR., 0000 JOHN A. MERKWAN, 0000 GREGORY S. TATE, 0000 RICHARD P. FINK, 0000 LISA M. MERRILL, 0000 JOSEPH M. TEDESCO, JR., 0000 ROBERT P. FITZGERALD, 0000 JAMES M. MILANO, 0000 KENT D. THEW, 0000 JACKSON L. FLAKE III, 0000 DAVID P. MILLER, 0000 RICHARD G. THRESHER, JR., 0000 DAVID B. FLANIGAN, 0000 DAVID V. MINTUS, 0000 GARYJOHN TOCCHET, 0000 TIMOTHY A. FONG, 0000 MARK V. MONTESCLAROS, 0000 ROBERT N. TOWNSEND, 0000 ERNEST T. FORREST, 0000 RICHARD J. MORAN, 0000 TERRY E. TROUT, 0000 WILLIAM H. FORRESTER, JR., 0000 EDWIN C. MOREHEAD, 0000 THOMAS H. TRUMPS, 0000 SCOTT T. FORSTER, 0000 ROMEO H. MORRISEY, 0000 CHRISTOPHER TUCKER, 0000 RONNIE L. FOXX, 0000 JAMES C. MOUGHON III, 0000 BLAIR M. TURNER, 0000 THOMAS G. FRANCIS III, 0000 MICHAEL G. MUDD, 0000 ANDREW B. TWOMEY, 0000 HENRY G. FRANKE III, 0000 PATRICIA MULCAHY, 0000 JACKIE L. VANCE, 0000 MARY FULLER, 0000 ROGER H. MUNNS, 0000 MARK L. VANDRIE, 0000 JOHN A. GAGNON, 0000 KEVIN A. MURPHY, 0000 SHEILA A. VARNADO, 0000 ROBERT T. GAHAGAN, 0000 EDWIN L. MYERS, 0000 DENNIS L. VIA, 0000 CHRISTOPHER R. GAYARD, 0000 JAMES C. NAUDAIN, 0000 MARK E. VINSON, 0000 THOMAS H. GERBLICK II, 0000 JAMES T. NAUGHTON, 0000 MARK VOLK, 0000 JEFFERY A. GIBERT, 0000 RICHARD NAZARIO, 0000 ROY C. WAGGONER III, 0000 MARK R. GILMORE, 0000 PATRICK L. NEKY, 0000 HAROLD G. WALKER, 0000 MARTIN D. GLASSER, 0000 RONALD J. NELSON, 0000 JAMES D. WARGO, 0000 JOHN L. GOETCHIUS, JR., 0000 TOMMIE E. NEWBERRY, 0000 MONROE P. WARNER, 0000 MICHAEL E. GOODROE, 0000 THOMAS J. NEWMAN, 0000 DOUGLASS S. WATSON, 0000 RICARD A. GRABOWSKI, 0000 FORREST R. NEWTON, 0000 LARRY WATSON, 0000 LUKE S. GREEN, 0000 THEODORE C. NICHOLAS, 0000 KEVIN J. WEDDLE, 0000 JAMES K. GREER, JR., 0000 JOSEPH P. NIZOLAK, JR., 0000 JOHN P. WEINZETTLE, 0000 WILLIAM R. GREWE, 0000 PHILIP B. NORTH, 0000 GORDON M. WELLS, 0000 JOHN R. GORBMEIER, 0000 MICHAEL A. NORTON, 0000 WAYNE E. WHITEMAN, 0000 JOHN E. HALL, 0000 ROBERT D. NOSSOV, 0000 THOMAS W. WIECKS, 0000 ROBERT E. HALLAGAN, 0000 JOSEPH R. NUNEZ, 0000 SCOTT A. WILSON, 0000 REBECCA S. HALSTEAD, 0000 SIDNEY G. OAKSMITH, 0000 DAVID R. WOLF, 0000 GREGORY A. HARDING, 0000 WILLIAM O. ODOM, 0000 ROBERT H. WOODS, JR., 0000 WILLIAM C. HARLOW, 0000 THOMAS J. O DONNELL, 0000 CURTIS L. WRENN, JR., 0000 ANTHONY W. HARRIMAN, 0000 MICHAEL C. OKITA, 0000 JAMES C. YARBROUGH, 0000 MICHAEL T. HARRISON, SR., 0000 PATRICK J. O REILLY, 0000 JOSEPH S. YAVORSKY, 0000 THOMAS B. HAUSER, 0000 JOHN M. O SULLIVAN, JR., 0000 DONALD H. ZEDLER, 0000 ROBERT F. HENDERSON, 0000 CARL D. OWENS, 0000 X0000 PETER A. HENRY, 0000 PATRICK W. OYABE, 0000 X0000 RONALD R. HEULER, 0000 PETER J. PALMER, 0000 X0000 MARC R. HILDENBRAND, 0000 ANTHONY F. PARKER, 0000 IN THE ARMY JOEL G. HIMSL, 0000 WILLIAM H. PARRY III, 0000 STACEY K. HIRATA, 0000 DAVID S. PATE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM H. HOGAN, 0000 GILBERTO R. PEREZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JAMES L. HOLLOWAY, JR., 0000 JEFFREY J. PERRY, 0000 IN THE MEDICAL SERVICE CORPS, ARMY MEDICAL SPE- JEFFREY C. HORNE, 0000 JOHN W. PESKA, 0000 CIALIST CORPS, ARMY NURSE CORPS, AND VETERINARY MITCHELL A. HOWELL, 0000 GREGG E. PETERSEN, 0000 CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: JANICE E. HUDLEY, 0000 LEO S. PETERSON, 0000 To be colonel WILFRED E. IRISH III, 0000 NEAL C. PETREE III, 0000 MICHAEL E. IVY, 0000 GARY P. PETROLE, 0000 GEORGE L. ADAMS III, 0000 DONALD W. JENKINS, 0000 MARK V. PHELAN, 0000 REX ALLEN, 0000 JOHN D. JOHNSON, 0000 MICHAEL A. PHILLIPS, 0000 MARGARET A. ANDERSON, 0000 KEVIN D. JOHNSON, 0000 RODNEY A. PHILLIPS, 0000 MARGARITA APONTE, 0000 MALCOLM D. JOHNSON, JR., 0000 LUIS A. PINA, 0000 WILLIAM BARRETT, JR., 0000 JOHN J. JORDAN, 0000 BELINDA PINCKNEY, 0000 SHEILA R. BAXTER, 0000 MARY A. KAURA, 0000 JASON D. PLOEN, 0000 DENNIS R. BEAUDOIN, 0000 BRIAN A. KELLER, 0000 PETER F. PORCELLI, 0000 DOUGLAS A. BIGGERSTAFF, 0000 JACKIE D. KEM, 0000 ERNEST E. PORTER, 0000 LARRY S. BOLTON, 0000 DONNA L. KENLEY, 0000 DANNY P. PRICE, 0000 CATHERINE W. BONNEFIL, 0000 KEVIN J. KERNS, 0000 SUSAN M. PUSKA, 0000 MARILYN H. BROOKS, 0000 CHARLES A. KING, 0000 RUSSELL E. QUIRICI, 0000 DALE R. BROWN, 0000 MARVIN K. KING, 0000 CLARK K. RAY, JR., 0000 JOHN R. CHAMBERS, 0000 DANIEL R. KIRBY, 0000 MELANIE R. REEDER, 0000 DONNA M. CHAPMAN, 0000 DEBORAH A. KISSEL, 0000 THOMAS H. RENDALL, 0000 SUZANNE S. CHIANG, 0000 ROBERT O. KISSEL, 0000 PAUL G. REPCIK, 0000 PATRICIA A. CLAY, 0000 MICHAEL E. KRIEGER, 0000 EUGENE K. RESSLER, 0000 GEORGE A. CRAWFORD, JR., 0000 JEFFREY A. KUEFFER, 0000 SAMUEL B. RETHERFORD, 0000 KENNETH R. CROOK, 0000 GREGORY S. KUHR, 0000 MICHAEL B. RHEA, 0000 JEAN M. DAILEY, 0000

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KELLY J. DAVIS III, 0000 DAN A. BERKEBILE, 0000 MARK W. HAMPTON, 0000 PATRICIA A. DIMEGLIO, 0000 DAVID N. BLACKLEDGE, 0000 MACKEY K. HANCOCK, 0000 CAROL S. GILMORE, 0000 MATTHEW P. BLUE, 0000 BRETT L. HANKE, 0000 JAMES A. HALVORSON, 0000 RICHARD M. BLUNT, 0000 JUDY E. HANNA, 0000 JOHN A. HAYNIE, 0000 LARRY J. BOCCAROSSA, 0000 JOHN F. HARGRAVES, 0000 ERIK A. HENCHAL, 0000 DONALD W. BORRMANN, 0000 HARRY P. HAROLDSON, 0000 AARON J. JACOBS, 0000 JAMES J. BOUTIN, 0000 JOHN S. HARREL, 0000 GERALD B. JENNINGS, 0000 PATRICK F. BOWE, 0000 DAVID K. HARTIN, 0000 PATRICIA A. KINDER, 0000 RICKI F. BOWER, 0000 CHARLES A. HARVEY, 0000 ALLEN J. KRAFT, 0000 BRIAN J. BOWERS, 0000 KEVIN S. HARVEY, 0000 ROBERT J. LANDRY, 0000 GARY R. BRADDOCK, 0000 THOMAS C. HATHAWAY, 0000 DEBBIE J. LOMAXFRANKLIN, 0000 GARY D. BRAY, 0000 WILLIAM C. HECKEL, 0000 REBECCA J. MACKOY, 0000 ROBERT T. BRAY, 0000 PATRICK R. HERON, 0000 TED A. MARTINEZ, 0000 GORDON M. BREWER, 0000 JOHN B. HERSHMAN, 0000 MARTIN D. MORRIS, 0000 DAVID M. BROCKMAN, 0000 JAMES B. HILL, 0000 KENT S. NABARRETE, 0000 WILLIAM M. BROWN, 0000 DAVID V. HINES, 0000 ROSEMARY NELSON, 0000 CHARLES R. BRULE, 0000 YAROPOLK R. HLADKYJ, 0000 CHARLES E. PIXLEY, 0000 JAMES A. BRYANT, 0000 RANDALL S. HLEDIK, 0000 DOUGLAS H. RABREN, 0000 GARY T. BUBLITZ, 0000 JOHN L. HOCKING, 0000 GASTON M. RANDOLPH, JR., 0000 KEITH J. BUCKLEW, 0000 WILLIAM L. HOEFT, 0000 JEFFREY W. RECORD, 0000 ROBERT M. BURDETTE, 0000 THOMAS F. HOPKINS, 0000 STEVEN C. RICHARDS, 0000 PATRICK H. BURKE, 0000 GARY C. HOWARD, 0000 LAURA J. RISOLI, 0000 THOMAS J. BURLESON, 0000 ROBERT D. HUDNALL, 0000 KENNETH D. ROLLINS, 0000 DONALD S. CALDWELL, 0000 GERALD E. HUNNICUTT, 0000 GARY L. SADLON, 0000 NELSON J. CANNON, 0000 JOSEPH M. INGRAM, 0000 ANTHONY J. CARLUCCI, 0000 ANITA J. SCHMIDT, 0000 GEORGE E. IRVIN, 0000 LARRY J. CARNES, 0000 ALAN K. ITO, 0000 CHARLES R. SCOVILLE, 0000 PATRICK M. CARNEY, 0000 DENNIS E. JACOBSON, 0000 NATALIE M. SHRIVER, 0000 PETER A. CAROZZA, 0000 MICHAEL D. JAMESON, 0000 MICHAEL J. SMITH, 0000 THOMAS H. CARSON, 0000 FRANK B. JANOSKI, 0000 RICHARD I. STARK, JR., 0000 BRUCE A. CASELLA, 0000 RANDALL A. JIPP, 0000 DONNA L. TALBOTT, 0000 RONALD A. CASSARAS, 0000 CAROL A. JOHNSON, 0000 MICHAEL J. TOPPER, 0000 EDWIN S. CASTLE, 0000 MICHAEL J. JOHNSON, 0000 NEAL H. TRENT III, 0000 SCOTT CHAPMAN, 0000 FREDDIE L. JONES, 0000 NANCY L. VAUSE, 0000 NORMAN CHARLEVILLE, 0000 GARY L. JONES, 0000 JUANITA H. WINFREE, 0000 ALBAN E. CHRISMAN, 0000 JAMES C. JONES, 0000 IN THE ARMY CHRISTOPHER T. CLINE, 0000 WILLIE E. JONES, JR., 0000 ROBERT C. CLOUSE, 0000 KEITH K. KALMAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL H. COKER, 0000 WILLIAM J. KAUTT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL B. COLEGROVE, 0000 ALVIE L. KEASTER, 0000 IN THE JUDGE ADVOCATE GENERAL’S CORPS UNDER HARRY R. COLLINS, 0000 MICHAEL F. KLAPPHOLZ, 0000 TITLE 10, U.S.C., SECTIONS 624 AND 3064: RICHARD R. COLSON, 0000 DAVID L. KOCK, 0000 WILLIAM B. COMBS, 0000 LEONID E. KONDRATIUK, 0000 To be lieutenant colonel CHRISTINE M. COOK, 0000 KENNETH B. KOON, 0000 LISA ANDERSONLLOYD, 0000 LARRY D. COPELIN, 0000 JAMES A. KOONTZ, 0000 SCOTT W. ARNOLD, 0000 JOHNNY CORBETT, 0000 MICHAEL D. KROUSE, 0000 LEO E. BOUCHER III, 0000 ROBERT L. CORLEW, 0000 CHARLES B. LADD, 0000 BRIAN H. BRADY, 0000 APRIL M. CORNIEA, 0000 GERALD E. LANG, 0000 NATHANAEL P. CAUSEY, 0000 TERRY K. CORSON, 0000 KENNETH E. LANKEY, 0000 ELWOOD A. CHANDLER, JR., 0000 JAMES E. COUCH, 0000 LON G. LARSON, 0000 JOHN L. CLIFTON IV, 0000 ARTHUR T. COUMBE, 0000 DANIEL R. LAVINE, 0000 GREGORY B. COE, 0000 RAY A. COURTNEY, 0000 RICHARD A. LAWSON, 0000 ALAN L. COOK, 0000 DANIEL COUVILLION, 0000 MICHAEL D. LEDBETTER, 0000 PETER M. CULLEN, 0000 KEVIN J. CROWLEY, 0000 ROBERT A. LEE, 0000 CHRISTOPHER M. DETORO, 0000 EDWARD DAILY, JR., 0000 JOSEPH LEONELLI, 0000 CYNTHIA A. GLEISBERG, 0000 DONALD A. DALE, 0000 BRENT R. LESEBERG, 0000 CHARLES L. GREEN, 0000 THEODORE A. DALIGDIG III, 0000 DENNIS M. LESNIAK, 0000 GREGORY A. GROSS, 0000 DANIEL W. DANZ, 0000 BERNARD P. LEVAN, 0000 MICHAEL E. HOKENSON, 0000 DAVID E. DAVENPORT, 0000 DAVID A. LEWIS, 0000 RANDALL L. KEYS, 0000 JAMES E. DAVENPORT, 0000 JOHN D. LICK, 0000 MICHAEL J. KLAUSNER, 0000 JAMES M. DAVIS, 0000 RICHARD D. LIGON, 0000 DENISE R. LIND, 0000 JOHN G. DAVIS, 0000 MICHAEL L. LINDSEY, 0000 SCOTT E. LIND, 0000 JOHN T. DAVIS, 0000 DANIEL M. LINDSLEY, 0000 JERRY J. LINN, 0000 DAVID M. DEARMOND, 0000 RICHARD B. LITTLETON, 0000 KEVIN J. LUSTER, 0000 PHILIP M. DEHENNIS, 0000 JAMES D. LOCKABY, 0000 MARK S. MARTINS, 0000 ROBERT E. DELOACHE, 0000 ROSEMARY R. LOPER, 0000 DAVID A. MAYFIELD, 0000 ROBERT W. DERR, 0000 CHARLES F. LUCE, 0000 JEFFREY C. MC KITRICK, 0000 LAWRENCE D. DIETZ, 0000 DENNIS E. LUTZ, 0000 MICHAEL W. MEIER, 0000 DENNIS P. DONOVAN, 0000 ERNEST W. LUTZ, 0000 JOHN W. MILLER II, 0000 JOHN P. DORAN, 0000 BRADLY S. MAC NEALY, 0000 RONALD W. MILLER, JR., 0000 DAVID T. DORROUGH, 0000 EDWARD T. MAGDZIAK, 0000 WILLIAM D. PALMER, 0000 MICHAEL D. DOUBLER, 0000 WARREN E. MALLEN, 0000 THOMAS M. RAY, 0000 PATRICK J. DUCHATEAU, 0000 CHRISTOPHER L. MANOS, 0000 SHARON E. RILEY, 0000 GEORGE M. DUDLEY, 0000 HERSCHEL MARSHALL, 0000 DAVID S. SHUMAKE, 0000 GILFORD C. DUDLEY, 0000 EVANS L. MARTIN, 0000 JEFFREY D. SMITH, 0000 JOHN DWYER, 0000 MABRY E. MARTIN, 0000 RICHARD J. SPRUNK, 0000 JOSEPH D. DYESS, 0000 REID J. MATHERNE, 0000 ROBIN N. SWOPE, 0000 TODD L. EADS, 0000 ERICK T. MATTHYS, 0000 SUSAN D. TIGNER, 0000 CHARLES J. EARL, 0000 RICHARD T. MAY, 0000 KEITH C. WELL, 0000 JOHN W. EASTERLY, 0000 KEVIN R. MC BRIDE, 0000 RICHARD M. WHITAKER, 0000 GARY F. EISCHEID, 0000 CHARLES L. MC CARTY, 0000 PETER C. ZOLPER, 0000 KEVIN G. ELLSWORTH, 0000 BLANCHE A. MC CLURE, 0000 DAVID R. ERDMANN, 0000 JOHN P. MC LAREN, 0000 IN THE ARMY ROBERT ERICKSON, 0000 JOHN F. MC LEAN, 0000 DAVID L. EVANS, 0000 EDWARD C. MC NAMARA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FERGUSON EVANS, 0000 KENNETH B. MC NEEL, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE MARGRIT M. FARMER, 0000 SCOTT N. MC WILLIAMS, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SCOTT W. FAUGHT, 0000 MICHAEL W. MEANS, 0000 To be colonel SIDNEY F. FELLER, 0000 TERRY L. MELTON, 0000 JOSE A. FERNANDEZRUIZ, 0000 GERALD W. MEYER, 0000 MARK O. AINSCOUGH, 0000 KENNETH L. FIELDS, 0000 JOHN B. MILLER, 0000 ROLAND C. ALEXANDER, 0000 ALAN L. FISHER, 0000 MICHAEL J. MILLER, 0000 THOMAS G. ALLEN, 0000 EDWIN F. FLINT, 0000 RONALD L. MILLER, 0000 MARY A. ALLRED, 0000 KENNETH A. FORREST, 0000 SHARON K. MIYASHIRO, 0000 SUSAN P. ANDERS, 0000 JOHN S. FOSTER, 0000 ANTONIO P. MONACO, 0000 MARTIN F. ANDERSON, 0000 DANIEL G. FOUST, 0000 ANTHONY P. MONCAYO, 0000 DONALD J. ANDREOTTA, 0000 JIMMY E. FOWLER, 0000 CARL T. MONTGOMERY, 0000 JOHN F. ANGEL, 0000 JAMES A. FRALEY, JR., 0000 LEWIS W. MOORE, 0000 MIKEL W. ANTHONY, 0000 PAUL C. FRANCIK, 0000 RUSSELL A. MOORE, 0000 ROBERT E. ARMSTRONG, 0000 BARRY B. GALLAGHER, 0000 THOMAS P. MOORE, 0000 EDWARD L. ARNTSON, 0000 JAMES J. GARVEY, 0000 RICHARD B. MOORHEAD, 0000 BRUCE W. ASHMAN, 0000 JOHN T. GILLES, 0000 DANIEL J. MORGAN, 0000 JONATHAN A. ASWEGAN, 0000 DANIEL P. GILLIGAN, 0000 DAVID R. MORGAN, 0000 JOHNNIE J. ATKINS, 0000 RICHARD W. GIRARD, 0000 JOHN F. MORGAN, 0000 STEVE P. AUSTIN, 0000 JOHN N. GLOVER, 0000 DAVID A. MORRIS, 0000 CHARLES W. AYERS, 0000 THOMAS E. GORSKI, 0000 JONATHAN D. MORROW, 0000 FRED H. BAKER, 0000 THOMAS V. GRAHAM, 0000 JAMES R. MOYE, 0000 DANNY C. BALDWIN, 0000 WILBUR E. GRAY, 0000 GILLES G. NADEAU, 0000 MICHAEL D. BARKS, 0000 JAMES L. GREENFIELD, 0000 LOUANN NANNINI, 0000 THOMAS A. BAY, 0000 ALAN E. GRICE, 0000 MURRAY A. NEEPER, 0000 RICHARD A. BAYLOR, 0000 GUY E. GRIFFIN, 0000 DANIEL J. NELAN, 0000 JERRY G. BECK, JR., 0000 PHILLIP R. GRUBBS, 0000 WILLIE A. NESBIT, 0000 THOMAS W. BEESON, 0000 THOMAS D. HADDAN, 0000 JACK F. NEVIN, 0000 DONALD R. BEIGHTOL, 0000 MARK J. HAGAN, 0000 PAUL J. NICOLETTI, 0000 JAMES R. BEIRNES, 0000 ALBERT HALLE III, 0000 WENDELL P. NIERMAN, 0000 DANIEL E. BENES, 0000 CHRISTOPHER M. HAMLIN, 0000 BARRY D. NIGHTINGALE, 0000 GARY A. BENFORD, 0000 PAUL F. HAMM, 0000 GORDON D. NIVA, 0000

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CHESTER F. NOLF, 0000 MICHAEL S. WAITE, 0000 RONALD K. POROPATICH, 0000 CHARLES L. NORRIS, 0000 FRANKLIN D. WALDRON, 0000 JOHN A. POWELL, 0000 DELL H. NUNALEY, 0000 MARGARET WASHBURN, 0000 MYSORE K. PRASANNA, 0000 ROBERT D. O’BARR, 0000 CARL R. WEBB, 0000 DONN R. RICHARDS, 0000 JOSEPH F. O’CONNELL, 0000 MICHAEL K. WEBB, 0000 *PAUL S. RUBLE, 0000 BRUCE L. OLSON, 0000 LINDELL M. WEEKS, 0000 LEONORA O. SHAW, 0000 FRANK P. OMBRES, 0000 LESLIE R. WELCH, 0000 BRION C. SMITH, 0000 ROBERT J. O’NEILL, 0000 NANCY J. WETHERILL, 0000 BONNIE L. SMOAK, 0000 JAMES R. O’ROURKE, 0000 DAVID J. WHEELER, 0000 STEVEN W. SWANN, 0000 RAYMOND H. ORR, 0000 EDWARD W. WHITAKER, 0000 LOUIS J. TALOUMIS, 0000 DARREN G. OWENS, 0000 CHESTER L. WHITE, 0000 ALLEN B. THACH, 0000 WILLIAM T. PATULA, 0000 ENNIS C. WHITEHEAD, 0000 STEVAN H. THOMPSON, 0000 HENRY L. PAYNE, 0000 TERRY L. WILEY, 0000 GEORGE E. TOLSON IV, 0000 JAMES E. PAYNE, 0000 DWIGHT S. WILLIAMS, 0000 CHRISTOPHER TROMARA, 0000 HARRY B. PEARL, 0000 ROBERT B. WILLIAMS, 0000 CLYDE A. TURNER, 0000 KENNETH K. PEINHARDT, 0000 JOE D. WILLINGHAM, 0000 JOHN M. UHORCHAK, 0000 STEVEN K. PETERSON, 0000 BRUCE A. WILSON, 0000 DAVID J. VESELEY, 0000 MARK A. PFISTERER, 0000 PATRICK D. WILSON, 0000 ANN S. VONGONTEN, 0000 GEORGE F. PHELAN, 0000 MILTON H. WINGERT, 0000 HARRY L. WARREN, 0000 JOHN R. PHILLIPS, 0000 JAMES D. WISENBAKER, 0000 GLENN M. WASSERMAN, 0000 ROBERT J. PICKEREL, 0000 RICHARD A. WOJEWODA, 0000 *RAYMOND W. WATTERS, 0000 MARVIN W. PIERSON, 0000 BARRY W. WOODRUFF, 0000 ROBERT M. WEAVER, 0000 ROBERT L. PITTS, 0000 WILLIAM K. WOODS, 0000 ROBERT J. WILHELM, 0000 LARRY A. PORTER, 0000 FRANK H. WRIGHT, 0000 CRAIG C. WILLARD, 0000 NEIL R. PORTER, 0000 ROBERT E. WRIGHT, 0000 CRAIG J. WILLIAMS, 0000 JAMES F. PRESTON, 0000 WALTHER R. WROBLEWSKI, 0000 CARL C. YODER, 0000 RUSSEL W. RACH, 0000 ARTHUR C. ZULEGER, 0000 RONALD J. RANDAZZO, 0000 IN THE MARINE CORPS STEVE M. REED, 0000 IN THE ARMY STEWART A. REEVE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY C. REYNOLDS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- AARON L. RICHARDSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: AND FOR REGULAR APPOINTMENT IN THE MEDICAL ROBERT J. RIDILLA, 0000 To be major HAROLD H. ROBERTS, 0000 CORPS OR DENTAL CORPS (IDENTIFIED BY AN ASTER- ISK(*)) UNDER TITLE 10, U.S.C. SECTIONS 624, 531 AND 3064: THOMAS P. ROBERTS, 0000 MILTON J. STATON, 0000 CHARLES G. RODRIGUEZ, 0000 To be colonel JAIME R. ROMAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHNNY L. RUSSELL, 0000 GREGG T. ANDERS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- MICHAEL H. RUSSELL, 0000 WILLIAM C. ANDOLSEK, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH A. RUSSO, 0000 SAMUEL J. ANGULO, 0000 KENNETH T. RYE, 0000 RANDALL, N. BALL, 0000 To be major ROBERT A. SALVIANO, 0000 LINDA C. BASQUILL, 0000 STEPHEN W. AUSTIN, 0000 LAWRENCE W. SAUCIER, 0000 JAMES M. BAUNCHALK, 0000 GARY L. SAWYER, 0000 ERIC W. BERG III, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN E. SAYERS, 0000 WENDY B. BERNSTEIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- BETTE R. SAYRE, 0000 ROBERT W. BLOCK, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JOHN J. SCANLAN, 0000 GEORGE K. BUMGARDNER, 0000 CRAIG L. SCHUETZ, 0000 THOMAS J. BURKE, 0000 To be lieutenant colonel GREGORY A. SCHUMACHER, 0000 DAVID G. BURRIS, 0000 WILLIAM S. TATE, 0000 CHARLES J. SCHWARTZMANN, 0000 THEODORE J. CIESLAK, 0000 GREGORY A. SCOTT, 0000 MICHAEL V. CLARK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOEL G. SEEK, 0000 JEFFREY B. CLARK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- EDGAR C. SEELY, 0000 ANNE M. COMPTON, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JACKIE L. SELF, 0000 *MARSHALL R. COX, 0000 To be major LLOYD W. SHARPER, 0000 STEPHEN C. CRAIG, 0000 THOMAS S. SHATAVA, 0000 JOHN S. CROWLEY, 0000 ROBERT S. BARR, 0000 JIM H. SHERMAN III, 0000 RUSSELL J. CZERW, 0000 TOM L. SHIRLEY, 0000 DON J. DANIELS, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR ROBERT L. SIDES, 0000 DANIEL R. DAVIDSON, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE WILLIAM O. SIDES IV, 0000 BERNARD L. DEKONING, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JOHN R. SIMECKA, 0000 MAX B. DUNCAN, JR., 0000 SECTION 624: ROBERT W. SIMPSON, 0000 DIRK M. ELSTON, 0000 To be major KENNETH J. SIMURDIAK, 0000 RAYMOND J. ENZENAUER, 0000 CHARLES B. SKAGGS, 0000 VINCENT D. EUSTERMAN, 0000 JOHN C. LEX, 0000 PAUL W. SKINNER, 0000 BRIAN D. FITZPATRICK, 0000 EDWARD A. SLAVIN, 0000 DANIEL T. FITZPATRICK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK J. SLAWINSKI, 0000 DONALD W. FOSTER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- LEONETTE W. SLAY, 0000 MARK S. FOSTER, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: NEIL F. SLEEVI, 0000 KARL K. FURUKAWA, 0000 To be major GEORGE J. SMITH, 0000 BETTY G. GALVAN, 0000 MILLEDGE R. SMITH, 0000 DAVID A. GALVAN, 0000 LANCE A. MCDANIEL, 0000 PERRY J. SMITH, 0000 MONROE M. GINSBURG, 0000 ROBERT V. SMITH, 0000 GLENN A. GREENE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROY C. SMITH, JR., 0000 PATRICE E. GREENE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- JOSEPH T. SMOAK, 0000 ROBERT M. GUM, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: EDDIE L. SMOOT, 0000 JEFFREY D. GUNZENHAUSER, 0000 To be lieutenant colonel KARL P. SMULLIGAN, 0000 TAM S. HAGER, 0000 WILLIAM G. SOLLENBERGER, 0000 PRISCILLA H. HAMILTON, 0000 JOSEPH M. PERRY, 0000 LARRY R. STALEY, 0000 ELIZABETH A. HANSEN, 0000 ANTHONY M. STANICH, 0000 JOHN W. HELLSTEIN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN B. STAVOVY, JR., 0000 KENT C. HOLTZMULLER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- MARK STIGAR, 0000 WAYNE T. HONEYCUTT, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: MARCUS C. STILES, 0000 THOMAS M. HOWARD, 0000 To be major STEPHEN A. STOHLA, 0000 JEFFREY M. HRUTKAY, 0000 JOHN F. STOLEY, 0000 WALTER J. HUBICKEY, 0000 MYRON P. EDWARDS, 0000 DONALD C. STORM, 0000 GREGORY A. JACKLEY, 0000 NORMAN W. STORRS, 0000 FRANK J. JAHNS, 0000 IN THE NAVY ROBERT L. STRONG, 0000 FREDERIC L. JOHNSTONE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RANDOLPH T. SUGAI, 0000 JAMES G. JOLISSAINT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES GLENN W. SUTPHIN, 0000 LEE W. JORDAN, 0000 NAVAL RESERVE IN ACCORDANCE WITH SECTION 12203 OF SHERMAN E. TATE, 0000 CHRISTOPH R. KAUFMANN, 0000 TITLE 10, U.S.C.: DANIEL J. TAYLOR, 0000 KRAIG K. KENNY, 0000 DAVID P. TEBO, 0000 JAMES J. LEECH, 0000 MEDICAL CORPS KENNETH M. TENNO, 0000 THOMAS B. LEFLER, 0000 CAREY G. THOMPSON, 0000 DAWN E. LIGHT, 0000 To be captain KENNETH P. THOMPSON, 0000 PAUL B. LITTLE, JR., 0000 DOUGLAS L. MAYERS, 0000 TOMMY D. THOMPSON, 0000 ROBERT W. LUTKA, 0000 CHARLES B. THORNELL, 0000 JEFFREY O. LUZADER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TRAVIS W. TICHENOR, 0000 ROBERT C. LYONS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIMOTHY B. TILLSON, 0000 ALBERT M. MANGANARO, 0000 UNDER TITLE 10, U.S.C., SECTIONS 618 AND 628: JOHN P. TOBEY, 0000 ROBERT A. MAZZOLI, 0000 RICHARD TODAS, 0000 JOHN T. MC BRIDE, JR., 0000 To be commander WILLIAM P. TROY, 0000 MARKUS F. MC DONALD, 0000 ERROL F. BECKER, 0000 DAVID B. TRUMBULL, 0000 MARK N. MC DONALD, 0000 EDUARDO R. MORALES, 0000 JODI S. TYMESON, 0000 JAMES A. MORGAN 0000 ANGEL A. VALENCIA, 0000 JUDD W. MOUL, 0000 IN THE AIR FORCE JOSE M. VALLEJO, 0000 THEODORE S. NAM, 0000 JAMES L. VANNAMAN, 0000 *JONATHAN NEWMARK, 0000 THE FOLLOWING NAMED OFFICERS FOR A REGULAR RUSSELL P. VAUGHAN, 0000 KATHLEEN M. NORTHWILHELM, 0000 APPOINTMENT IN THE GRADE INDICATED IN THE UNITED JEFFRY D. VAUGHN, 0000 JAMES M. OLSEN, 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 2114: GENARO H. VAZQUEZ, 0000 JOHN R. OLSEN, 0000 To be captain DONALD W. VENN, 0000 FRANK E. ORR, 0000 ANDREW R. VERRETT, 0000 CAROLE A. ORTENZO, 0000 ROBERT S. ANDREWS, 0000 ANTINIO J. VICENSGONZALEZ, 0000 DANIEL R. OUELLETTE, 0000 KARYN J. AYERS, 0000 WILLIAM G. VINCENT, 0000 MICHAEL A. PASQUARELLA, 0000 KAREN M. AYOTTE, 0000 RICHARD C. VINSON, 0000 *WILLIAM R. PATTON, 0000 RICHARD W. BENTLEY, 0000 MAURENIA D. WADE, 0000 JOHN D. PITCHER, JR., 0000 SCOTT R. BISHOP, 0000

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DENNIS F. BOND, II, 0000 EDWIN R. MIYAHIRA, 0000 *JAMES R. RUNDELL, 0000 BRETT D. BRIMHALL, 0000 DAVID C. MOREAU, 0000 ROBERT SABATINI, 0000 JEFFREY S. BUI, 0000 MATTHEW J. MUSIAL, 0000 SCOTT A. SCHWARTZ, 0000 SCOT E. CAMPBELL, 0000 NAJ S. NAGENDRAN, 0000 *LEIGH A. SCHWIETZ, 0000 FRANCIS R. CARANDANG, 0000 PROINNSIAS OCROININ, 0000 RANDY A. SHAFFER, 0000 GABRIELLA CARDOZAFAVARATO, 0000 RICHARD G. OELKERS, 0000 PHILIP M. SHUE, 0000 THERESA L. CASTROSMITH, 0000 ZETTIE D. PAGE, 0000 *ANTONIA SILVAHALE, 0000 HEATHER M. CURRIER, 0000 WILLIAM J. PATTON, 0000 ALAN T. SMITH, 0000 JAMISON W. ELDER, 0000 ELLARD J. PEXA, JR., 0000 BRUCE D. SMITH, 0000 GARY J. FRENCH, 0000 CARL G. PICCOTTO, 0000 OTHA L. SOLOMON, JR., 0000 DOUGLAS S. FRENIA, 0000 RONALD D. PIENING, 0000 *TERESA J. SOMMESE, 0000 KELLY D. GAGE, 0000 RILEY P. PORTER, 0000 STANLEY H. STANCIL, 0000 JAMIE D. GLOVER, 0000 DAVID N. POWELL, 0000 PAUL S. STONER, JR., 0000 DAVID D. GOVER, 0000 KENNETH S. PRATT, 0000 *WILLIAM S. SYKORA, 0000 BARRY J. GREER, 0000 MARTHA T. RAINVILLE, 0000 STEVEN J. THOMSON, 0000 DERRICK A. HAMAOKA, 0000 RICHARD L. RAYBURN, 0000 ERIK M. TJELMELAND, 0000 MATTHEW P. HANSON, 0000 MICHAEL D. REDMAN, 0000 *ANTHONY J. VANGOOR, 0000 HEATHER M. JONES, 0000 PAUL J. RICHTER, 0000 JOHN H. WAGONER, 0000 TONY S. KIM, 0000 WAYNE A. ROSENTHAL, 0000 GARY M. WALKER, 0000 MARK W. KOLASA, 0000 CHARLES E. SAVAGE, 0000 JANET M. WALKER, 0000 GREGORY D. KOSTUR, 0000 WILLIAM M. SCHUESSLER, 0000 PETER T. WALSH, 0000 ELLA B. KUNDU, 0000 WILLIAM W. SHILTON, 0000 *JAMES M. WATSON, 0000 NIRVANA KUNDU, 0000 WILLIAM J. SINNES, JR., 0000 MARSHALL L. WONG, 0000 JONATHAN V. LAMMERS, 0000 WILLIAM P. SKAINS, 0000 DANIEL O. WYMAN, 0000 PAULETTE D. LASSITER, 0000 ROBERT J. STACK, 0000 KJERSTI A. MARIUS, 0000 JOHN M. STEELE, 0000 To be lieutenant colonel ROBERT A. MAXEY, 0000 EDMUND H. STERN, 0000 *CAMERON D. ANDERSON, 0000 JOHN D. MC ARTHUR, 0000 CLOYD F. VANHOOK, 0000 JOSEPH B. ANDERSON, 0000 THERESA B. MC FALL, 0000 MIRIAM O. VICTORIAN, 0000 *ELEANOR E. AVERY, 0000 REINALDO J. MORALES, 0000 MICHAEL H. WEAVER, 0000 *JOHN M. BALDAUF, 0000 ELAINE M. MUNITZ, 0000 TIMOTHY A. WEAVER, 0000 *STEVEN L. BARTEL, 0000 BRETT R. NISHIKAWA, 0000 RAYMOND H. WILLCOCKS, 0000 BRANTLY W. BAYNES, 0000 SARAH M. PAGE, 0000 WILLARD K. WINDSOR, 0000 RICHARD M. BEDINGHAUS, 0000 PATRICIA A. PANKEY, 0000 VICTOR E. WINEGAR II, 0000 *WILLIAM BENINATI, 0000 JUDITH E. PECK, 0000 GARY A. WINGO, 0000 *STEPHEN J. BERCSI, 0000 ALYSSA C. PERROY, 0000 WILLIAM C. WOOD, 0000 *EUGENE V. BONVENTRE, 0000 BRIAN J. PICKARD, 0000 IN THE AIR FORCE *EDGAR M. BOYD, JR, 0000 GEOFFREY T. SASAKI, 0000 *TIMOTHY L. BRAY, 0000 STEPHEN E. SCRANTON, 0000 The following named officers for appoint- *SIDNEY B. BREVARD, 0000 TERESA P. SIMPSON, 0000 ment to the grades indicated in the United IRVIN P. BROCK III, 0000 ERIKA J. STRUBLE, 0000 *SUSAN A. BROWN, 0000 GREGORY B. SWEITZER, 0000 States Air Force and for Regular appoint- *RUDOLPH CACHUELA, 0000 WARREN W. THIO, 0000 ment (identified by an asterisk (*) under *MATTHEW T. CARPENTER, 0000 PATRICK J. THOMPSON, 0000 title 10, U.S.C., sections 624 and 531: *TIMOTHY D. CASSIDY, 0000 DANIEL R. WALKER, 0000 *STANLEY E. CHARTOFF, 0000 MAUREEN N. WILLIAMS, 0000 To be colonel *JOSEPH P. CHOZINSKI, 0000 LEE T. WOLFE, 0000 PETER C. ANTINOPOULOS, 0000 JOHN R. CHU, 0000 ROGER A. WOOD, 0000 *RAMON A. ARROYOPADRO, 0000 *MICHAEL J. CLAY, 0000 DAVID J. ZOLLINGER, 0000 DAVID P. ASCHER, 0000 *KENNETH A. CONNER, 0000 IN THE AIR FORCE JOHN S. BAXTER, 0000 *RICKY D. COOK, 0000 CHARLES W. BEADLING, 0000 *PAULA A. CORRIGAN, 0000 The following named Air National Guard of *ROBERT N. BERTOLDO, 0000 *LISA D. CURCIO, 0000 the United States officers for appointment to JOHN R. BETTINESCHI, JR., 0000 RICHARD T. DAHLEN, 0000 the grade indicated in the Reserve of the Air *JAMES C. BLOOM, 0000 *RICHARD DEMME, 0000 Force under title 10, U.S.C., sections 12203 GARY A. BRAUN, 0000 *ROBERT C. DESKO, 0000 GREGORY C. BROWNING, 0000 *HAROLD D. DILLON III, 0000 and 12212: *ROBERT M. BUCHSBAUM, II, 0000 *MARCEL V. DIONNE, 0000 To be colonel *JAMES E. BURTON, III, 0000 MICHAEL C. EDWARDS, 0000 CAREY M. CAPELL, 0000 THOMAS A. ERCHINGER, 0000 RICHARD L. AYERS, 0000 *WALTER R. CAYCE, 0000 *JAMES A. FIKE, 0000 JAMES W. BAILEY, 0000 STEVEN L. CHAMBERS, 0000 JOHN R. FISCHER, 0000 ROBERT E. BATTERMAN, 0000 DAVID G. CHARLTON, 0000 *MARCUS S. FISHER, 0000 RONALD L. BENWARD, 0000 JAMES L. COCKLIN, 0000 *LES R. FOLIO, 0000 ELLIS D. BOLING, 0000 CARY J. CUNNINGHAM, 0000 *VINCENT P. FONSECA, 0000 RONALD C. BROWN, 0000 CHARLES F. DEFREEST, 0000 *ROBERT T. GILSON, 0000 JEAN L. BRUMMER, 0000 PETER F. DEMITRY, 0000 *JEFFERSON H. HARMAN, JR., 0000 BARRY J. BRUNS, 0000 GLENN E. DICKEY, 0000 *LEE WAYNE HASH, 0000 GENE T. BUSHEY, 0000 *WILLIAM E. DREW, 0000 *PAUL A. HEMMER, 0000 V. SANDY CAIN, 0000 EDWARD O. ERKES, 0000 *SANDRA J. HERRINGTON, 0000 DANIEL F. CALLAHAN III, 0000 STEVEN C. FENZL, 0000 STEVEN M. HETRICK, 0000 HIGINIO S. CHAVEZ, 0000 WILLIAM L. FOLEY, 0000 LEWIS A. HOFMANN, 0000 CHARLES W. COLLIER, JR., 0000 *DOUGLAS C. FULLER, 0000 LAWRENCE H. HOOPER, JR., 0000 JILL C. COLLINS, 0000 MARY E. GABRIEL, 0000 *CONSTANCE A. HUFF, 0000 BARRY K. COLN, 0000 *ROBERT A. GARDNER, 0000 LESTER A. HUFF, 0000 DAVID M. COPE, 0000 ROBERT J. GILLEN, III, 0000 DONALD H. JENKINS, 0000 JOHN A. CORSARO, JR., 0000 BRENT L. GILLILAND, 0000 *JEFFREY P. JESSUP, 0000 JON J. CRAM, 0000 SCOTT E. GRAY, 0000 ROBERT M. KRUGER, 0000 MICHAEL E. CRIDER, 0000 *LINDA J. GRIFFITH, 0000 MICHAEL J. KUCSERA, 0000 MARK L. DOOLITTLE, 0000 CHARLES K. HARDIN, 0000 *KEVIN A. LANG, 0000 CHARLES E. ERDMANN II, 0000 BYRON C. HEPBURN, 0000 MARY R. LANZA, 0000 ROBERT L. FERGUSON, 0000 WILLIAM G. HUGHES, 0000 PHILIP J. LAVALLEE, 0000 GREGORY A. FICK, 0000 *MARK G. JANCZEWSKI, 0000 *LINDA L. LAWRENCE, 0000 MARIE T. FIELD, 0000 DANIEL J. JANIK, 0000 *KENNETH S. LEFFLER, 0000 EDWARD R. FLORA, 0000 GEORGE P. JOHNSON, 0000 *JOHN M. LEIB, 0000 FREDERICK C. GANSKE, 0000 ANTHONY A. KAMP, 0000 *NICHOLAS G. LEZAMA, 0000 ROBERT J. GLITZ, 0000 STEPHEN M. KINNE, 0000 JEROME P. LIMOGE, JR., 0000 ORLANDO R. GONZALEZ, 0000 ANDREW R. KIOUS, 0000 SCOTT A. MACKEY, 0000 WILLIAM H. GOODWIN, 0000 DEBORAH A. KRETZSCHMAR, 0000 *SUZANNE M. MALIS, 0000 RICHARD D. GRAYSON, 0000 MAUREEN E. LANG, 0000 *CURTIS M. MARSH, 0000 JERRY G. GREENE, 0000 *BRECK J. LEBEGUE, 0000 MARK E. MAVITY, 0000 JAMES E. GROGAN, 0000 *JANICE L. LEE, 0000 *KIMBERLY P. MAY, 0000 THOMAS F. HAASE, 0000 *KARL E. LEE, 0000 SCOTT A. MAZANEC, 0000 MICHAEL L. HAPPE, 0000 JULIAN C. LEVIN, 0000 *BRENT S. MC CLENNY, 0000 DAVID K. HARRIS, 0000 *MARK F. LUPPINO, 0000 *JOHN S. MC CULLOUGH, 0000 GARY N. HARVEY, 0000 *CHARLES W. MACKETT, 0000 *CHRISTIANNE M.R. MC GRATH, 0000 DONALD A. HAUGHT, 0000 STEPHEN F. MANCHESTER, 0000 JOHN P. MC PHILLIPS, 0000 STEPHEN R. HICKS, 0000 HOWARD T. MCDONNELL, 0000 *PAUL D. MC WHIRTER, 0000 MICHAEL J. HILDER, 0000 FRANK W. MEISSNER, 0000 *GREGORY K. MEEKIN, 0000 HAROLD J. HUDEN, 0000 MICHAEL C. MERWIN, 0000 *PATRICIA A. MEIER, 0000 BILLY M. JAMES, 0000 ANDREW J. MESAROS, JR., 0000 *KARL L. MEYER, 0000 GEORGE R. JERNIGAN III, 0000 *GRAIG E. MILLER, 0000 *MICHAEL G. MILLER, 0000 WILLIAM B. JERNIGAN, 0000 NICHOLAS J. MINIOTIS, 0000 ROBERT I. MILLER, 0000 CHARLES E. JOHNSON, 0000 *RANDALL J. MOORE, 0000 JOHN MIRABELLO, 0000 STEVEN N. JONES, 0000 ROBERT A. MUNSON, 0000 *JON D. MOLIN, 0000 JOSEPH J. KAHOE, 0000 *MARK T. NADEAU, 0000 *STEPHAN G. MORAN, 0000 MARK L. KALBER, 0000 GUY M. NEWLAND, 0000 KYLE C. NUNLEY, 0000 CHARLES E. KING, 0000 ALAN E. PALMER, 0000 *JOHN M. NUSSTEIN, 0000 PAULA E. KOUGEAS, 0000 JON R. PEARSE, 0000 *KENNETH N. OLIVIER, 0000 RONALD J. LAMBERT, 0000 WILLIAM F. PIERPONT, 0000 *GUILLERMO E. ORRACA, 0000 MICHAEL A. LARSON, 0000 ALTON W. POWELL, III, 0000 *MICHAEL B. OSSWALD, 0000 ULAY W. LITTLETON, JR., 0000 RHETT M. QUIST, 0000 *GREGORY R. OWENS 0000 THOMAS G. LOFLIN, 0000 MIGUEL A. RAMIREZCOLON, 0000 KERRY B. PATTERSON 0000 DENNIS R. MALONE, 0000 *BRIAN H. REED, 0000 *TIMOTHY O. PFEIFFER 0000 ROBERT K. MARR, JR., 0000 LAWRENCE M. RIDDLES, 0000 *CHRISTOPHER J. PHILLIPS 0000 RONALD H. MARTIN, 0000 *DOUGLAS J. ROBB, 0000 EDWIG K. PLOTNICK 0000 JOHN D. MCDONALD, 0000 *ODES B. ROBERTSON, JR., 0000 WAYNE M. PRITT 0000

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*JAMES M. QUINN 0000 RACHEL L. CURTIS, 0000 MICHAEL S. LAUGHREY, 0000 *JOEL L. RAUTIOLA 0000 ROBERT S. CUTRELL, 0000 BRADLEY J. LAWSON, 0000 *MARK W. RICHARDSON 0000 LYNN M. CZEKAI, 0000 MOON H. LEE, 0000 MATTHEW R. RICKS 0000 MARCI L. DABBS, 0000 STEVE K. LEE, 0000 JOSEPH L. RUEGEMER 0000 MICHAEL DAVIS, 0000 HENRY T. LEIS, 0000 *BRIAN W. RUSS 0000 ANTHONY S. DEE, 0000 ROBERT P. LEMMON, 0000 *SCOTT A. RUSSI 0000 MARK C. DELEON, 0000 ERNEST C. LEWIS, 0000 LINDA M. SAKAI 0000 PIETRA ANGELO A. DELLA, 0000 MICHAEL C. LILLY, 0000 BRIAN P. SCHAFER 0000 RICHARD C. DERBY, 0000 ALEXANDER J. LIM, 0000 CATHY J. SCHOORENS 0000 CAROLINE C. DEWITT, 0000 IAN Y.H. LIN, 0000 *STEPHEN M. SCHUTZ 0000 JOHN P. DICE, 0000 TODD A. LINCOLN, 0000 *RAYMOND A. SCHWAB III, 0000 DANIEL S. DIETRICH, 0000 PAUL I. LINDNER, 0000 *MICHAEL L. SHAPIRO 0000 DANIEL R. DIRNBERGER, 0000 TAMMY J. KINDSAY, 0000 *ARVIND M. SHENOY 0000 CAROL C. DOMBRO, 0000 JOHN G. LINK, 0000 ROBERT D. SHUTT 0000 ANTHONY A. DONATO, JR., 0000 JOHN J. LINNETT, 0000 *GREGG S. SILBERG 0000 CHRISTOPHER J. DORVAULT, 0000 DOUGLAS W. LITTLE, 0000 *MARK A. SLABBEKOORN 0000 RODNEY J. DUFF, 0000 MARCIA LIU, 0000 *DANIEL B. SMITH 0000 MICHAEL C. DUMARS, 0000 WARREN YVETTE M. LOPEZ, 0000 DAVID L. SMITH 0000 HOLLY A. DUNN, 0000 LAURIE P. LOVELY, 0000 *MICHAEL R. SNEDECOR 0000 MARY BETH DURBIN, 0000 PATRICK D. LOWRY, 0000 *DAVID G. SORGE 0000 JAMES W. ELLIOTT, 0000 MARK A. LUFF, 0000 *THERESA B. SPARKMAN 0000 KELCEY D. ELSASS, 0000 JOHN C. LUNDELL, 0000 ANDREW J. STASKO 0000 WILLIAM P. ELSASS, 0000 IAN T. LYN, 0000 *RAYMOND M. STEFKO 0000 ANTONIO J. EPPOLITO, 0000 ERIC M. MADREN, 0000 DAVID E. SULLIVAN 0000 BRUCE A. ERHART, 0000 ORLANDO R. MAGALLANES, 0000 DOUGLAS J. SWANK 0000 BASSAM M. FAKHOURI, 0000 MICHAEL J. MAJORS, 0000 JENNIFER S. FALK, 0000 SCOTT C. MALTHANER, 0000 *WILLIAM S. TANKERSLEY 0000 GERALD F. FARNELL, 0000 JEROME J. MANK, 0000 TAMA R. VANDECAR 0000 JAMES A. FEIG, 0000 MICAELA J. MANLEY, 0000 WALTER D. VAZQUEZ 0000 EARL E. FERGUSON III, 0000 KELLY W. MANNING, 0000 JAY L. VIERNES 0000 STEPHEN I. FISHER, 0000 TAJA ANASTASIA MANUSELIS, 0000 *LANE L. WALL 0000 MICHAEL J. FITZPATRICK, 0000 SANFORD K. MARCUSON, 0000 LINDA M. WANG 0000 MARC W. FLICKINGER, 0000 DANIEL S. MARTINEAU, 0000 SCOTT A. WEGNER 0000 CRAIG L. FOLSOM, 0000 BRUCE S. MATHER, 0000 *JAMES H. WELCH 0000 MELETIOS J. FOTINOS, 0000 JEFFREY S. MAYER, 0000 DAVID L. WELLS 0000 THOMAS G. FRASER, 0000 RICHARD J. MAYERS, 0000 *DELANO D. WILSON 0000 DIXON L. FREEMAN, 0000 TIMOTHY J. MAZZOLA, 0000 *JOE B. WISEMAN 0000 DON A. FROST, 0000 THOMAS J. MC BRIDE, 0000 *ANDREW KI WONG 0000 TIMOTHY A. FURSA, 0000 JAMES M. MC CARTHY, 0000 KONDI WONG 0000 GEOFFREY P. GALGO, 0000 JEFFREY A. MC CRAW, 0000 GAVIN S. YOUNG 0000 JEFFREY M.B. GALVIN, 0000 ARCHIE R. MC GOWAN, 0000 To be major DEBORAH M. GARRITY, 0000 TIMOTHY A. MC GRAW, 0000 K. PAUL GERSTENBERG, 0000 DAVID E. MC HORNEY, 0000 NINA J. ABRANSON 0000 JONATHAN V. GILES, 0000 STEPHEN H. MEERSMAN, 0000 SEAN C. ADELMAN 0000 JAMES M. GLASS, 0000 JAROD, MENDEZ, 0000 SURESH M. ADVANI 0000 GITTLE G. GOODMAN, 0000 JOHN P. METZ, 0000 DALE M. AHRENDT 0000 DAVID S. GREGORY, 0000 MAUREEN V. METZGER, 0000 JOHN G. ALBERTINI 0000 MARK D. GREGSTON, 0000 ANTHONY J. MEYER, 0000 CHRISTOPHER S. ALLEN 0000 LINDA E.M. GRISMER, 0000 DEBORAH A. MILKOWSKI, 0000 RICHARD L. ALLEN 0000 CLIFFORD N. GROSSMAN, 0000 CAROLINE R. MILLER, 0000 JANICE M. ALLISON 0000 VILLA L. GUILLORY, 0000 LORN S. MILLER, 0000 MARVIN D. ALMQUIST 0000 PAUL D. GUISLER, 0000 TROY A. MILLICAN, 0000 ZENAIDA M. ALONSO 0000 DARLENE R. HACHMEISTER, 0000 MATTHEW H. MILLIGAN, 0000 MARIA T. ANDERSON 0000 WILLIAM L. HAITH, JR., 0000 DOUGLAS MILLS, 0000 MELVER L. ANDERSON III, 0000 CHRISTINE L. HALE, 0000 ANDREW P. MINIGUTTI, 0000 WENDY A. ANGELO 0000 REID B. HALES, 0000 DAVID M. MIRANDA, 0000 MICHAEL J. ARMSTRONG 0000 MITCHELL F. HALL, 0000 DAVID E. MITCHELL, 0000 RUTH E. ARNOLD 0000 DAVID B. HAMMER, 0000 GARTH G. MOON, 0000 SIMA C. ARTINIAN 0000 DAWN M. HANSEN, 0000 BRIAN A. MOORE, 0000 LUIS A. ARTURI 0000 LORNELL E. HANSEN, 0000 KENNETH P. MOORE, 0000 DONALD E. ASPENSON 0000 ROBERT W. HARRINGTON, 0000 SCOTT A. MOORE, 0000 PAUL L. BAKER 0000 BRADFORD N. HATCH, 0000 SCOTT W. MOSS, 0000 KRISTEN D. BARNETTE 0000 CRAIG M. HAUSER, 0000 DIANE M. MRAVA, 0000 BRIAN R. BAXTER 0000 CODY L. HENDERSON, 0000 TRISTI W. MUIR, 0000 STEVEN L. BAYER 0000 JOHN S. HENRY, 0000 JOHN P. MULLOY, 0000 WILLIAM D. BEABER 0000 ALDEN D. HILTON, 0000 KEVIN A. MURPHY, 0000 DOUBLAS P. BEALL 0000 DIRK R. HINES, 0000 JOHN L. MUSA, 0000 SHANNON L. BEARDSLEY 0000 ROBERT C. HINKLE, 0000 ROBERT NEE, 0000 BETH E. BECK 0000 DAVID W. HIRSHFIELD, 0000 ALAN R. NEEFE, 0000 NEAL L. BEIGHTOL 0000 DAVID E. HJERPE, 0000 JOHN F. NEELY, 0000 JOHN T. BELD 0000 ROBERT G. HOLCOMB, 0000 DOROTHY DN NGUYEN, 0000 DAVID J. BELFIE 0000 YUHOE HONG, 0000 MARK E. NICHOLS, 0000 BARBRA R. BELL 0000 GRACE L. HONLES, 0000 ROBERT A. NIDEA, 0000 DEBORAH S. BELSKY 0000 BARRY E. HORNER, 0000 MARY L. NIEDZWIECKI, 0000 ASHLEY B. BENJAMIN 0000 CHRISTINE L. HOROWITZ, 0000 PATRICK G. NORTHUP, 0000 ELAINE B. BEPPEL 0000 STUART W. HOUGH, 0000 STEVEN L. NOVICK, 0000 TROY W. BISHOP 0000 BOBBY C. HOWARD, 0000 MARK E. NUNES, 0000 JOSE M. BISQUERRA 0000 THOMAS HUANG, 0000 DUANE A. OETMAN, 0000 FREDERIC L. BLACK 0000 RICHARD N. HUDON, 0000 LISA A. OLSEN, 0000 CATHERINE A. BOBENRIETH 0000 MICHAEL L. HUGHES, 0000 DEBORAH L. ORNSTEIN, 0000 JON F. BODE 0000 RICHARD J. HUGHES, 0000 GLENN L. OSIAS, 0000 MICHAEL W. BOETTCHER 0000 VICTORIA R. HUGHES, 0000 ENDER S. OZGUL, 0000 ALBERT H. BONNEMA 0000 KEITH W. HUNSAKER, 0000 JACOB E. PALMA, 0000 MARK E. BOSTON 0000 STEPHEN A. HUSSEY, 0000 BRETT L. PARRA, 0000 JOSEPH P. BOUVIER, JR., 0000 LISA R. HYNES, 0000 JOEL J. PAULINO, 0000 RUDY M. BRAZA 0000 CANDACE L. IRETON, 0000 TRENT L. PAYNE, 0000 ANTHONY J. BROTHERS 0000 BERNARD V. JASMIN, 0000 CHRISTOPHER S. PEAD, 0000 KEVIN D. BROWN 0000 BRIAN V. JOACHIMS, 0000 SALVATORE PELLIGRA, 0000 PAMELA A. BROWN 0000 CHARLES E. JOHNSON, 0000 JOSEPH D. PENDON, 0000 TIMOTHY M. BROWN 0000 STEPHEN B. JONES, 0000 JON PERLSTEIN, 0000 ANNETTE M. BRUNETTI 0000 STEPHEN C. JONES, 0000 ANTHONY T. PERRIN, 0000 DANIEL B. BRUZZINI 0000 MICHAEL W. KADRMAS, 0000 STEVEN E. PFLANZ, 0000 KEVIN L. BURNS 0000 DAPHNE J. KAREL, 0000 NAMTRAN H. PHAM, 0000 VICTOR BYKOV 0000 JAMES A. KEENEY, 0000 PEERACH P. PHERMSANGNGAM, 0000 DANIEL V. CAHOON 0000 MATTHEW P. KELLY, 0000 DAN E. PHILLIPS, 0000 HEATHER L. CALLUM 0000 SAMUEL S. KELLY, 0000 THADDEUS H. PHILLIPS, III, 0000 RICHARD J. CARROLL 0000 STEVEN M. KELLY, 0000 ROBERT H. PIERCE, 0000 PAUL CASEY 0000 CAROLINE H. KENNEBECK, 0000 BRIAN S. PINKSTON, 0000 MEREDITH S. CASSIDY, 0000 JEFFREY A. KERRLAYTON, 0000 JULIE A. PLUMBLEY, 0000 SCOTT E. CAULKINS, 0000 JOHN W. KERSEY, JR., 0000 AARON C. POHL, 0000 MINA CHA, 0000 JILL R. KESTEN, 0000 MARK A. POSTLER, 0000 PETER J. CHANDLER, 0000 DAVID H.T. KIM, 0000 GERALD A. PRICE, 0000 EUGENE Y.M. CHANG, 0000 CURTIS D. KING, 0000 SCOTT C. PRICE, 0000 ROBERT C.Y. CHEN, 0000 KAREN A. KLAWITTER, 0000 THOMAS A. PRIVETT, 0000 SEBASTIAN F. CHERIAN, 0000 MOLLY E. KLEIN, 0000 FRANCES J. PUCHARICH, 0000 ERIC M. CHUMBLEY, 0000 LESLIE A. KNIGHT, 0000 PAUL M. PULCINI, 0000 MICHAEL H. CLARK, 0000 THOMAS J. KNOLMAYER, 0000 DAN W. PULSIPHER, 0000 WILLIAM A. CLINE, 0000 ERIK K. KODA, 0000 IRFAN M. RAHIM, 0000 WILLIAM D. CLOUSE, 0000 CLARICE H. KONSHOK, 0000 DAVID P. RAIKEN, 0000 ROBERT E. CONNELL, 0000 THOMAS C. KRIVAK, 0000 PEAL RAMSER, 0000 RANDY I. COOPER, 0000 STEPHANIE J. KRUSZ, 0000 DEBORAH RASCOE, 0000 BRIAN C. COYNE, 0000 JOHN A. KUTZ, 0000 LEROY M. RASI, 0000 JOSPEH M. COZZOLINO, 0000 TERI A. KYROUAC, 0000 KAREN V. RAY, 0000 RANDOLPH K. CRIBBS, 0000 LOAN N. LAI, 0000 RICHARD R. REINHOLTZ, 0000 TODD S. CROCENZI, 0000 DAVID M. LAIRD, 0000 PETER F. RESNICK, 0000 KARRIE A. CUNNINGHAM, 0000 CRAIG L. LASTINE, 0000 ROCKY R. RESTON, 0000 PETER J. CURRAN, 0000 STEVEN E. LATULIPPE, 0000 MATTHEW G. RETZLOFF, 0000

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KAREN G. REYNOLDS, 0000 IN THE ARMY JACK W. ZIMMERLY, 0000 TAMARA D. RICE, 0000 MICHAEL A. RIPLEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE MARINE CORPS JULIA RIVERAFIGUEROA, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE KIP D. ROBINSON, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: The following named officers for appoint- GUILLERMO ROBLES, 0000 ment to the grade indicated in the United JACK F. ROCCO, 0000 To be colonel RITA R. RODRIGUEZ, 0000 ROBERT V. ADAMSON, 0000 States Marine Corps under title 10, U.S.C., BRIAN J. ROGERS, 0000 ROGER L. ALLEN, 0000 section 624: STEVEN M. ROSS, 0000 MARIO H. ALVARADO, 0000 LAWRENCE E. ROTH, 0000 FRED R. BAILOR, 0000 To be colonel KRISTIN M. RYAN, 0000 WALTER S. BANE, 0000 WANDA L. SALZER, 0000 MARTIN R. BARNARD, 0000 DAVID J. ABBOTT, 0000 AMARYLLIS E. SANCHEZWOHLEVER, 0000 SANDRA J. BARY, 0000 PAUL D. ADAMS, 0000 DAVID S. SAPERSTEIN, 0000 ALVIN BELTON, 0000 RANDOLPH D. ALLES, 0000 DAVID A. SARNOW, 0000 MARCIA J. BENJAMIN, 0000 MICHAEL C. ANDERSON, 0000 CENGIZ P. SATIR, 0000 KATRINA K. BENTLEY, 0000 STEVEN F. BARILICH, 0000 THOMAS J. SATRE, 0000 MELVIN BERGER, 0000 JOHN T. BOGGS, JR., 0000 AHMET R. SAYAN, 0000 WILLIAM S. BERNFELD, 0000 GORDON C. BOURGEOIS, 0000 SANDRA M. SAYSON, 0000 DAVID R. BLACK, 0000 MARK L. BROIN, 0000 GARY V. SCALFANO, 0000 CATHIE S. BRIEN, 0000 TIMOTHY E. BROOKS, 0000 KATHLEEN H. SCARBROUGH, 0000 JOHN J. BRUGGER, 0000 ROY R. BYRD, 0000 BRIAN C. SCHAFER, 0000 MICHAEL D. BUNYARD, 0000 ROBERT S. CHESTER, 0000 MARK G. SCHERRER, 0000 PHYLLIS M. BUTZEN, 0000 EUGENE K. CONTI, 0000 ANDRE C. SCHOEFFLER, 0000 MARCUS E. CARR, 0000 JAMES J. COONEY, 0000 CHRISTOPHER D. SCHULTEN, 0000 DONALD A. CAVALLO, 0000 ALLEN COULTER, 0000 RACHEL L. SCHWAB, 0000 ROBERT M. COSBY, 0000 JOHN T. CUNNINGS, 0000 JEFFREY S. SEAMAN, 0000 JOSEFINA CRUZOTERO, 0000 CHARLES E. DELAIR, 0000 RANDELL J. SEHRES, 0000 JOHN D. DAVENPORT, 0000 JOHN D. DEWITT, JR., 0000 STACY A. SHACKELFORD, 0000 PANAKKAL DAVID, 0000 GILBERT B. DIAZ, 0000 JONATHAN I. SHEINBERG, 0000 MARY G. DENTON, 0000 FRANK J. DIFALCO, 0000 PAUL M. SHERMAN, 0000 OSCAR S. DEPRIEST, 0000 SCOTT A. DOYLE, 0000 KRISTIN M. SHINNICK, 0000 JOHN L. DILLON, 0000 JOSEPH F. DUNFORD, JR., 0000 DANIEL A. SHOOR, 0000 PETER J. DIPIETRANTONIO, 0000 MICHAEL DUVA, 0000 FREDERICK W. SHULER, 0000 RICHARD M. DOUGLASS, 0000 STEVEN T. ELKINS, 0000 TODD B. SILVERMAN, 0000 ERLAN C. DUUS, 0000 JOHN T. ENOCH, JR., 0000 MICHAEL D. SIMMONS, 0000 GUSTAVO A. ESPINOSA, 0000 STEPHEN M. FENSTERMACHER, 0000 STEVEN B. SLOAN, 0000 DAVID T. ESTROFF, 0000 JOHN S. FLANAGAN II, 0000 BARRY C. SMITH, 0000 RAYMOND E. FAUGHT, 0000 MARK FREITAS, 0000 TRACY T. SMITH, 0000 DANIEL F. FLYNN, 0000 VINCENT C. GIANI, 0000 WENDELL R. SMITH, 0000 WILLIE L. FRAZIER, 0000 WILLIAM F. GUILFOYLE, 0000 DENISE MARIE SOJOURNER, 0000 CHARLES L. GARBARINO, 0000 JOHN D. GUMBEL, 0000 JEFFERY T. SORENSEN, 0000 CLAUDIA M. GIBSON, 0000 CHARLES M. GURGANUS, 0000 KENNETH E. SPARR, 0000 CHARLES M. GILMAN, 0000 PAUL A. HAND, 0000 SCOTT M. STALLINGS, 0000 AGUSTIN GOMEZ, 0000 JON T. HARDWICK, 0000 LLOYD E. STAMBAUGH, 0000 MARY J. GRAP, 0000 RODGER C. HARRIS, 0000 GREGORY W. STAMNAS, 0000 ROBERTO GUTIERREZ, 0000 BOYETTE S. HASTY, 0000 BRIAN K. STANSELL, 0000 ROBERT D. HALL, 0000 LARRY D. HUFFMAN, 0000 JANETTE MARIE STEPHENSON, 0000 MICHAEL R. HERMANS, 0000 STEVEN A. HUMMER, 0000 PETER J. STEVENSON, 0000 CORDELL R. HONRADO, 0000 KENNETH A. INMAN, JR., 0000 CHARLES A. STOCK, 0000 TIMOTHY M. HUBALIK, 0000 GAIL E. JENNINGS, 0000 ANTHONY C. STONE, 0000 WILLIAM H. HUGHES, 0000 MICHAEL E. KAMPSEN, 0000 JAMES B. STOWELL, 0000 CAROLYN T. HUNT, 0000 DAVID T. KERRICK, 0000 SCOTT M. STRAYER, 0000 LANCE E. HYLANDER, 0000 TERENCE K. KERRIGAN, 0000 DAVID C. STREITMAN, 0000 BRUCE KLOSTERHOFF, 0000 ROBERT J. KNAPP, 0000 MARK E. STURGILL, 0000 ALLAN J. KOGAN, 0000 STUART L. KNOLL, 0000 GEORGE A. SWANSON, 0000 GARY E. KOLB, 0000 JOHN E. KRUSE, 0000 PAUL B. SWANSON, 0000 DONALD H. LAMBERT, 0000 PAUL L. LADD, 0000 BRIAN F. SWEENEY, JR., 0000 LAWRENCE E. LANDRUM, 0000 RICHARD M. LAKE, 0000 CLIFFORD F. SWEET, 0000 STEVEN W. LINDELL, 0000 JOHN L. LEDOUX, 0000 SETH H. SWITZER, 0000 EDDIE N. LUMPKIN, 0000 PAUL E. LEFEBVRE, 0000 HORNE JILL R. TALLEY, 0000 MICHAEL A. MADSEN, 0000 ALFREDO LONGORIA, JR., 0000 SARADY TAN, 0000 ROY S. MAROKUS, 0000 HARRY E. MC CLAREN, 0000 DONOVAN N. TAPPER, 0000 GLORIA J. MARTIN, 0000 WILLIAM M. MEADE, 0000 JON C. TAYLOR, 0000 ELISABETH MONTAGUE, 0000 JOSEPH V. MEDINA, 0000 ERIC L. THOMAS, 0000 DAVID P. MOSCOVIC, 0000 RICHARD MINGO, 0000 SHALZ JENNIFER A. THOMPSON, 0000 MICHAEL J. MURRAY, 0000 PATRICK R. MORIARTY, 0000 JAMES C. THRIFFILEY, 0000 HECTOR L. NEVAREZ, 0000 CHARLES V. MUGNO, 0000 EDWARD B. TIENG, 0000 DOROTHY A. NOVAK, 0000 WILLIAM R. MURRAY, 0000 JAMES TING, 0000 KATHLEEN E. PAGE, 0000 JOSEPH I. MUSCA, 0000 BRADLEY M. TURNER, 0000 JAMES H. PARKER, 0000 RODERIC S. NAVARRE, 0000 CHRISTOPHER M. UNTCH, 0000 PAMELA D. PARKER, 0000 PHILIP L. NEWMAN, 0000 VLECK MATHEW R. VAN, 0000 JOHN A. PARROTT, JR., 0000 JAMES D. NICHOLS, 0000 PETER J. VANCE, 0000 DONALD L. PATRICK, 0000 GORDON C. O’NEILL, 0000 TIMOTHY E. VANDUZER, 0000 HERBERT W. PERCIVAL, 0000 JAMES A. PACE, 0000 RICHARD N. VANLEEUWEN, 0000 MICHAEL D. PERREN, 0000 JEFFREY J. PATTERSON, 0000 ETHAN S. VANTIL, 0000 DOUGLAS A. PETERSON, 0000 DAVID H. PEELER, 0000 TRACY T. VANTO, 0000 WILLIAM J. PHILLIPSEN, 0000 EUGENIO G. PINO, 0000 GUS G. VARNAVAS, 0000 GERALD POLEY, 0000 PAUL J. PISANO, 0000 JOSEPH K. VAUGHAN, JR., 0000 PATRICIA E. PREVOSTO, 0000 JOHN J. RANKIN, 0000 STEVEN G. VENTICINQUE, 0000 PHILIP D. RABALAIS, 0000 GEORGE E. RECTOR, JR., 0000 KURT M. VONHARTLEBEN, 0000 PAUL L. RAGAINS, 0000 JOHN T. REES, 0000 CHARLES H. VOSSLER, III, 0000 JEFFREY M. REINES, 0000 MICHAEL R. REGNER, 0000 LYNDA K. VU, 0000 ANGEL A. ROMAN, 0000 GREGORY C. REUSS, 0000 MICHAEL H. VU, 0000 DAVID SABBAR, 0000 ANGELA SALINAS, 0000 THOMAS H. WAGNER, 0000 JOE R. SCHROEDER, 0000 ARTHUR H. SASS, 0000 WILLIAM F. WALTZ, 0000 CALINICA O. SEMENSE, 0000 RICHARD J. SMITH, 0000 DAVID C. WEINTRITT, 0000 JOSEPH W. SESSION, 0000 ANA R. SMYTHE, 0000 MATTHEW A. WELCH, 0000 DWIGHT Y. SHEN, 0000 RICHARD W. SPENCER, 0000 KELLY N. WEST, 0000 GORDON B. STROM, 0000 MELVIN G. SPIESE, 0000 JOHANN S. WESTPHALL, 0000 CAROL A. SWANSON, 0000 TERRY G. STEVENS, 0000 ERIC D. WILLIAMS, 0000 THOMAS P. SWEENEY, 0000 THOMAS F. THALER, 0000 DAMON S. WIRTH, 0000 KATHLEEN H. SWITZER, 0000 JAMES M. THOMAS, 0000 STEPHEN C. WISSINK, 0000 NORMAN J. TONEY, 0000 DENNIS C. THOMPSON, 0000 FREDERICK G. WOLF, 0000 JOE E. TREVINO, 0000 PETER B. TODSEN II, 0000 KIMBERLEY A. WOLOSHIN, 0000 ROBIN UMBERG, 0000 JOHN A. TOOLAN, JR., 0000 WILBUR P. WONG, 0000 MARVIN J. VANEVERY, 0000 TOMMY L. TYRRELL, JR., 0000 RANDY J. WOODS, 0000 HOMI B. VANIA, 0000 ANTHONY W. VALENTINO, 0000 MOLLY L.T. YARDLEY, 0000 LOUIS E. WALKER, 0000 KEVIN A. VIETTI, 0000 CLARENCE B. YATES, 0000 JOHN D. WASSNER, 0000 LAWRENCE G. WALKER, 0000 MICHAEL W. YOREK, 0000 STANLEY J. WHIDDEN, 0000 BRADFORD G. WASHABAUGH, 0000 ILAN J. ZEDEK, 0000 BETTY J. WILLIAMS, 0000 WALTER V. WHITFIELD, 0000 PETER W. ZIMMER, 0000 JOHN E. WILLIAMS, 0000 TERRENCE W. WILCUTT, 0000 ROBERT P. ZIMMERMAN, 0000 WAYNE S. YOUNG, 0000 DAVID M. WINN, 0000 GEORGE T. ZOLOVICK, 0000 JEFFREY N. YOUNGGREN, 0000 KEVIN H. WINTERS, 0000

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