[Congressional Record Volume 145, Number 76 (Tuesday, May 25, 1999)]
[Senate]
[Pages S5954-S5970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. ASHCROFT:
  S. 1113. A bill to amend title XXIV of the Revised Statutes, relating 
to civil rights, to prohibit discrimination against nongovernmental 
organizations and certain individuals on the basis of religion in the 
distribution of government funds to provide government assistance and 
the distribution of the assistance, to allow the organizations to 
accept the funds to provide the assistance to the individuals without 
impairing the religious character of the organizations or the religious 
freedom of the individuals, and for other purposes; to the Committee on 
Governmental Affairs.


                charitable choice expansion act of 1999

  Mr. ASHCROFT. Mr. President, America's best ideas for helping the 
poor have come from grassroots communities and private organizations of 
people who know and care about their neighbors. These groups see people 
and their life experiences, not theories or statistics. We have known 
for years that government solutions have failed miserably in moving 
people from dependency and despair to responsibility and independence. 
For years America's churches and charities have been leading the way in 
helping the poor achieve dignity and self-sufficiency. This is why I 
have been advocating that government should find ways to help these 
organizations unleash the cultural remedy our society so desperately 
needs.

  Therefore, it was with great interest that I heard about Vice 
President Gore's statements Monday in Atlanta expressing his support 
for Charitable Choice. The Vice President's interest in Charitable 
Choice is welcome news. Governor Bush is in the forefront of Charitable 
Choice solutions. Truly, where once there was contention and debate, 
there now is swelling bipartisan agreement on the promise of Charitable 
Choice.
  Congress has been in the forefront of encouraging the type of faith-
based solutions that the Vice President was promoting yesterday in 
Atlanta. The 1996 welfare reform law contains the Charitable Choice 
provision I authored, which encourages states to partner with faith-
based organizations to serve welfare recipients with federal dollars.
  Last fall, we expanded Charitable Choice to cover services provided 
under the Community Services Block Grant program, which provides funds 
to local agencies to alleviate poverty in their communities. And just 
last week, the Senate approved a juvenile justice bill containing 
Charitable Choice for services provided to at-risk juveniles, such as 
counseling for troubled youth.
  The Charitable Choice provision in the 1996 welfare reform law was 
one way to achieve the goal of inviting the greater participation of 
charitable and faith-based organizations in providing services to the 
poor. The provision allows charitable and faith-based organizations to 
compete for contracts and voucher programs on an equal basis with all 
other non-governmental providers when the state or local government 
chooses to use private sector providers for delivering welfare services 
to the poor under the Temporary Assistance for Needy Families (TANF) 
program.
  In the past three years, we have begun to hear about how Charitable 
Choice is opening doors for the government and communities of faith to 
work together to help our nation's poor and needy gain hope and self-
sufficiency. For example, shortly after passage of the federal welfare 
law, Governor George Bush of Texas signed an executive order directing 
``all pertinent executive branch agencies to take all necessary steps 
to implement the `charitable choice' provision of the federal welfare 
law.'' Cookman United Methodist Church, a 100 member parish in 
Philadelphia, received a state contract to run its ``Transitional 
Journey Ministry,'' which provides life and job skills to welfare 
mothers and places them into jobs with benefits. In less than a year, 
the church placed 22 welfare recipients into jobs. Payne Memorial 
Outreach Center, an affiliate of a Baltimore church, has helped over 
450 welfare recipients find jobs under a state contract.
  In light of these success stories around the nation, more and more 
states and counties are beginning to see what a critical role the 
faith-based community can play in helping people move off of welfare. 
They are eager to put the Charitable Choice concept into action in 
their communities.
  We have always known that Charitable Choice is truly bipartisan in 
nature, and has the support of over 35 organizations that span a wide 
political and social spectrum. Members from both sides of the aisle 
here in the Senate have voted in support of this provision. And now, 
with the Vice President's support for Charitable Choice, I am 
reintroducing legislation that I introduced in the 105th Congress, the 
``Charitable Choice Expansion Act,'' which would expand the Charitable 
Choice concept across all federally funded social service programs.
  The substance of the Charitable Choice Expansion Act is virtually 
identical to that of the original Charitable Choice provision of the 
welfare reform law. The only real difference between the two provisions 
is that the new bill covers many more federal programs than the 
original provision.

[[Page S5955]]

  While the original Charitable Choice provision applies mainly to the 
new welfare reform block grant program, the Charitable Choice Expansion 
Act applies to all federal government programs in which the government 
is authorized to use nongovernmental organizations to provide federally 
funded services to beneficiaries. Some of the programs that would be 
covered under this legislation include housing, substance abuse 
prevention and treatment, seniors services, the Social Services Block 
Grant, abstinence education and child welfare services.
  With this recent expression of bipartisan support for Charitable 
Choice from the Vice President, now is the time for Congress to move 
quickly to pass the Charitable Choice Expansion Act, so that we can 
empower the organizations that are best equipped to instill hope and 
transform lives to expand their good work across the nation.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1113

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROVISION OF ASSISTANCE UNDER GOVERNMENT PROGRAMS 
                   BY RELIGIOUS ORGANIZATIONS.

       Title XXIV of the Revised Statutes is amended by inserting 
     after section 1990 (42 U.S.C. 1994) the following:

     ``SEC. 1994A. CHARITABLE CHOICE.

       ``(a) Short Title.--This section may be cited as the 
     `Charitable Choice Expansion Act of 1999'.
       ``(b) Purpose.--The purposes of this section are--
       ``(1) to prohibit discrimination against nongovernmental 
     organizations and certain individuals on the basis of 
     religion in the distribution of government funds to provide 
     government assistance and distribution of the assistance, 
     under government programs described in subsection (c); and
       ``(2) to allow the organizations to accept the funds to 
     provide the assistance to the individuals without impairing 
     the religious character of the organizations or the religious 
     freedom of the individuals.
       ``(c) Religious Organizations Included as Nongovernmental 
     Providers.--For any program carried out by the Federal 
     Government, or by a State or local government with Federal 
     funds, in which the Federal, State, or local government is 
     authorized to use nongovernmental organizations, through 
     contracts, grants, certificates, vouchers, or other forms of 
     disbursement, to provide assistance to beneficiaries under 
     the program, the government shall consider, in the same basis 
     as other nongovernmental organizations, religious 
     organizations to provide the assistance under the program, so 
     long as the program is implemented in a manner consistent 
     with the Establishment Clause of the first amendment to the 
     Constitution. Neither the Federal Government nor a State or 
     local government receiving funds under such program shall 
     discriminate against an organization that provides assistance 
     under, or applies to provide assistance under, such program, 
     on the basis that the organization has a religious character.
       ``(d) Exclusions.--As used in subsection (c), the term 
     `program' does not include activities carried out under--
       ``(1) Federal programs providing education to children 
     eligible to attend elementary schools or secondary schools, 
     as defined in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801) (except for activities 
     to assist students in obtaining the recognized equivalents of 
     secondary school diplomas);
       ``(2) the Higher Education Act of 1965 (20 U.S.C. 1001 et 
     seq.);
       ``(3) the Head Start Act (42 U.S.C. 9831 et seq.); or
       ``(4) the Child Care and Development Block Grant Act of 
     1990 (42 U.S.C. 9858 et seq.).
       ``(e) Religious Character and Independence.--
       ``(1) In general.--A religious organization that provides 
     assistance under a program described in subsection (c) shall 
     retain its independence from Federal, State, and local 
     governments, including such organization's control over the 
     definition, development, practice, and expression of its 
     religious beliefs.
       ``(2) Additional safeguards.--Neither the Federal 
     Government nor a State or local government shall require a 
     religious organization--
       ``(A) to alter its form of internal governance; or
       ``(B) to remove religious art, icons, scripture, or other 
     symbols;
     in order to be eligible to provide assistance under a program 
     described in subsection (c).
       ``(f) Employment Practices.--
       ``(1) Tenets and teachings.--A religious organization that 
     provides assistance under a program described in subsection 
     (c) may require that its employees providing assistance under 
     such program adhere to the religious tenets and teachings of 
     such organization, and such organization may require that 
     those employees adhere to rules forbidding the use of drugs 
     or alcohol.
       ``(2) Title vii exemption.--The exemption of a religious 
     organization provided under section 702 or 703(e)(2) of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e-1, 2000e-2(e)(2)) 
     regarding employment practices shall not be affected by the 
     religious organization's provision of assistance under, or 
     receipt of funds from, a program described in subsection (c).
       ``(g) Rights of Beneficiaries of Assistance.--
       ``(1) In general.--If an individual described in paragraph 
     (3) has an objection to the religious character of the 
     organization from which the individual receives, or would 
     receive, assistance funded under any program described in 
     subsection (c), the appropriate Federal, State, or local 
     governmental entity shall provide to such individual (if 
     otherwise eligible for such assistance) within a reasonable 
     period of time after the date of such objection, assistance 
     that--
       ``(A) is from an alternative organization that is 
     accessible to the individual; and
       ``(B) has a value that is not less than the value of the 
     assistance that the individual would have received from such 
     organization.
       ``(2) Notice.--The appropriate Federal, State, or local 
     governmental entity shall ensure that notice is provided to 
     individuals described in paragraph (3) of the rights of such 
     individuals under this section.
       ``(3) Individual described.--An individual described in 
     this paragraph is an individual who receives or applies for 
     assistance under a program described in subsection (c).
       ``(h) Nondiscrimination Against Beneficiaries.--
       ``(1) Grants and contracts.--A religious organization 
     providing assistance through a grant or contract under a 
     program described in subsection (c) shall not discriminate, 
     in carrying out the program, against an individual described 
     in subsection (g)(3) on the basis of religion, a religious 
     belief, a refusal to hold a religious belief, or a refusal to 
     actively participate in a religious practice.
       ``(2) Indirect forms of disbursement.--A religious 
     organization providing assistance through a voucher 
     certificate, or other form of indirect disbursement under a 
     program described in subsection (c) shall not deny an 
     individual described in subsection (g)(3) admission into such 
     program on the basis of religion, a religious belief, or a 
     refusal to hold a religious belief.
       ``(i) Fiscal Accountability.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     religious organization providing assistance under any program 
     described in subsection (c) shall be subject to the same 
     regulations as other nongovernmental organizations to account 
     in accord with generally accepted accounting principles for 
     the use of such funds provided under such program.
       ``(2) Limited audit.--Such organization shall segregate 
     government funds provided under such program into a separate 
     account. Only the government funds shall be subject to audit 
     by the government.
       ``(j) Compliance.--A party alleging that the rights of the 
     party under this section have been violated by a State or 
     local government may bring a civil action pursuant to section 
     1979 against the official or government agency that has 
     allegedly committed such violation. A party alleging that the 
     rights of the party under this section have been violated by 
     the Federal Government may bring a civil action for 
     appropriate relief in an appropriate Federal district court 
     against the official or government agency that has allegedly 
     committed such violation.
       ``(k) Limitations on Use of Funds for Certain Purposes.--No 
     funds provided through a grant or contract to a religious 
     organization to provide assistance under any program 
     described in subsection (c) shall be expended for sectarian 
     worship, instruction, or proselytization.
       ``(l) Effect on State and Local Funds.--If a State or local 
     government contributes State or local funds to carry out a 
     program described in subsection (c), the State or local 
     government may segregate the State or local funds from the 
     Federal funds provided to carry out the program or may 
     commingle the State or local funds with the Federal funds. If 
     the State or local government commingles the State or local 
     funds, the provisions of this section shall apply to the 
     commingled funds in the same manner, and to the same extent, 
     as the provisions apply to the Federal funds.
       ``(m) Treatment of Intermediate Contractors.--If a 
     nongovernmental organization (referred to in this subsection 
     as an `intermediate organization'), acting under a contract 
     or other agreement with the Federal Government or a State or 
     local government, is given the authority under the contract 
     or agreement to select non-governmental organizations to 
     provide assistance under the programs described in subsection 
     (c), the intermediate organization shall have the same duties 
     under this section as the government but shall retain all 
     other rights of a nongovernmental organization under this 
     section.''.
                                 ______
                                 
      By Mr. ENZI:
  S. 1114. A bill to amend the Federal Mine Safety and Health Act of 
1977 to establish a more cooperative and effective method for 
rulemaking that takes into account the special needs and concerns of 
smaller miners; to the Committee on Health, Education, Labor, and 
Pensions.

[[Page S5956]]

                the small mine advocacy review panel act

  Mr. ENZI. Mr. President, I rise to introduce the Small Mine Advocacy 
Review Panel Act, or ``Small Mine,'' Act of 1999.
  Achieving mine safety starts with cooperation. Cooperation is at the 
heart of the safest workplaces, where employers and employees strive to 
establish open lines of communication on safety, to provide and wear 
the right protective equipment, and to give and follow effective 
training. But cooperation can't stop there. To have safe work sites, 
there must also be an understanding of what safety rules mean, how they 
are to be implemented, and what results should be expected. This is the 
cooperation that should exist between operators and the Mine Safety and 
Health Administration, or MSHA, and it cannot be ignored or 
undervalued.
  The bill I am introducing today inserts a new level of cooperation 
into MSHA's rulemaking. Called the Small Mine Advocacy Review Panel 
Act, or ``Small Mine'' Act, this bill would mandate that MSHA and 
panels of small operators discuss newly proposed rules and their 
potential impact early in the regulatory process. This practice is 
currently employed by OSHA and EPA and has been of great benefit both 
for the smaller employers and the agency because it forces both parties 
to comment and respond in an open forum. I have always believed that 
the simple act of talking about safety actually leads to safety, and I 
embrace any approach that forces those who write the rules and those 
who must comply with them to sit down together and find solutions.
  The Subcommittee on Employment, Safety and Training has a strong 
interest in MSHA's rulemaking procedure as it relates to small 
operators. In addition, I am well aware that the Senate Committee on 
Governmental Affairs shares this interest as it relates to the 
Administrative Procedure Act and the Regulatory Flexibility Act. In 
light of this, as this bill is centered on MSHA's responsiveness to 
smaller operators on matters of safety and health, Chairman Thompson 
has agreed to allow this bill to be referred to the Health, Education, 
Labor and Pensions Committee.
  MSHA has had great success when its rulemakings have been cooperative 
with operators and miners. MSHA's draft Part 46 Training rule was 
developed in collaboration with over fifteen industry representatives, 
the Teamsters, the Boilermakers, and the Laborers Health & Safety Fund 
of North America. By working together, the coalition came up with a 
draft that everyone agreed on and that was completed by MSHA's internal 
deadline. A true rulemaking success story.
  But other MSHA rules, such as MSHA's proposed Noise Rule, have 
abandoned cooperative partnerships with smaller operators and instead 
embraced the old ``big brother'' style of regulation. It is in such 
rulemakings that the Small Miner bill would make a world of difference. 
The Noise Rule would have so severe an impact on smaller mine operators 
that it is seriously questionable whether those who wrote this rule 
have ever actually been to a small mine. The bottom line is that this 
rule prohibits small operators from supplying miners with personal 
protective equipment, such as ear plugs, until after they have tried to 
lower the noise level by buying new and ``quieter'' machines at 
incredible cost, tinkering with old machines, rotating employees around 
to different stations, and implementing all other ``feasible'' 
engineering and administrative controls. All this despite the fact that 
many routinely-used machines can never be made to run as quietly as 
MSHA mandates no matter how much money is spent, and that miners will 
have to be rotated outside their areas of training and expertise.
  This proposed rule is in strict opposition to both MSHA's and OSHA's 
current rules which allow miners to wear ear plugs in the first 
instance. It also totally abandons logic. It's like proposing a rule 
outlawing employees from using steel-toed shoes and instead regulating 
that nothing may ever fall on a worker's foot. It just doesn't make any 
sense.
  By discussing this rule with small operators early in the rulemaking 
process, cooperative approaches could have been flushed out and 
solutions achieved which satisfy both MSHA's regulatory objectives and 
minimize the burden on small operators. As evidenced by this proposed 
rule, it is clearly insufficient to have a one time ``comment period'' 
or even hold public hearings, because the small operator's perspective 
is so noticeably absent from the rulemaking process. It is not enough 
to claim that safety is paramount while simultaneously operating in a 
vacuum to pump out regulations that no one can understand or implement. 
Compliance must be based on an effective working relationship where the 
goals set by the regulators are understood and achievable by the 
industry being regulated. If operators are responsible for complying 
with MSHA's regulations, then there is no excuse for failing to include 
them in the process from Day One. By passing the ``Small Mine'' bill, 
operators and MSHA would be responsible for working together to craft 
rules that will actually improve safety.
  Mr. President. I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1114

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Mine Advocacy Review 
     Panel Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to establish a more cooperative 
     and effective method for rulemaking with respect to mandatory 
     health or safety standards that takes into account the 
     special needs and concerns of small mine operators.

     SEC. 3 AMENDMENT TO FEDERAL MINE SAFETY AND HEALTH ACT OF 
                   1997.

       (a) In General.--Section 101(a)(2) of the Federal Mine 
     Safety and Health Act of 1977 (30 U.S.C. 811(a)(2)) is 
     amended by inserting before the last sentence the following: 
     ``The procedures for gathering comments from small entities 
     as described in section 609 of title 5, United States Code, 
     shall apply under this section and small mine operators shall 
     be considered to be small entities for purposes of such 
     section. For purposes of the preceding sentence, the term 
     `small mine operator' has the meaning given the term `small 
     business concern' under section 3 of the Small Business Act 
     (including any rules promulgated by the Small Business 
     Administration) as such term relates to a mining 
     operation.''.
       (b) Conforming Amendment.--Section 609(d) of title 5, 
     United States Code, is amended by striking ``Agency and'' and 
     inserting ``Agency, the Mine Safety and Health Administration 
     and''.
                                 ______
                                 
      By Mr. SPECTER:
  S. 1115. A bill to require the Secretary of Veterans Affairs to 
establish a national cemetery for veterans in the Pittsburgh, 
Pennsylvania, area; to the Committee on Veterans' Affairs.


               national cemetery in western pennsylvania

  Mr. SPECTER. Mr. President, today I introduce legislation which will 
direct the Secretary of Veterans Affairs (VA) to establish a national 
cemetery in the Pittsburgh area of Western Pennsylvania.
  As chairman of the Committee on Veterans' affairs, I make it my 
responsibility to see that our nation's veterans are cared for after 
serving honorably in the Armed Forces. Part of this care involves 
honoring the memory of their service upon death. Our nation's veterans 
are an aging population. At present, 46% of the area's veterans 
population is over age 65. The General Accounting Office (GAO) has 
estimated that by the year 2008, the number of veterans' deaths will 
peak and remain at a high level for years afterward. To anticipate the 
increased demand for burial space and to accommodate family and friends 
wanting nearby cemeteries at which to honor and remember their loved 
ones, the Congress and VA must act now.
  The legislation that I introduce today will alleviate the long 
overdue wait for a national cemetery which the veterans in the western 
Pennsylvania area have had to endure. Such a cemetery is necessary due 
to the over 750,000 veterans who reside in the area, including veterans 
in parts of the neighboring states of Ohio, Maryland, and West 
Virginia. I should also point out that Pennsylvania, a state with the 
fifth highest veteran population in the country, has only one national 
cemetery within its borders open for new burials. This cemetery, at 
Indiantown Gap, serves veterans in the eastern portion of the 
Commonwealth and is more than 225 miles from Pittsburgh.

[[Page S5957]]

  In 1987, VA ranked the Pittsburgh-area among the top ten population 
centers most in need of a national cemetery. In 1991, VA began the 
process of cemetery site-selection and Congress appropriated $250,000 
for an Environmental Impact Statement. Four potential sites were 
identified in the Pittsburgh area. Despite this headway, construction 
on a national cemetery never commenced.
  The high veteran population of this region has waited far too long to 
see the creation of this national cemetery. Our nation's veterans, 
having given so much for us, deserve a proper burial site in the 
proximity of their homes. Veterans elsewhere around this country take 
for granted the availability of a nearby national cemetery. If passed, 
this legislation will ensure that what began over a decade ago will now 
become reality.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1115

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ESTABLISHMENT.

       (a) In General.--The Secretary of Veterans Affairs shall 
     establish, in accordance with chapter 24 of title 38, United 
     States Code, a national cemetery in the Pittsburgh, 
     Pennsylvania, area to serve the needs of veterans and their 
     families.
       (b) Consultation in Selection of Site.--Before selecting 
     the site for the national cemetery established under 
     subsection (a), the Secretary shall consult with appropriate 
     officials of the State of Pennsylvania and local officials of 
     the Pittsburgh, Pennsylvania, area.
       (c) Report.--As soon as practicable after the date of the 
     enactment of this act, the Secretary shall submit to Congress 
     a report on the establishment of the national cemetery under 
     subsection (a). The report shall set forth a schedule for the 
     establishment of the cemetery and an estimate of the costs 
     associated with the establishment of the cemetery.
                                 ______
                                 
      By Mr. NICKLES:
  S. 1116. A bill to amend the Internal Revenue Code of 1986 to exclude 
income from the transportation of oil and gas by pipeline from subpart 
F income; to the Committee on Finance.


             the foreign pipeline transportation income act

  Mr. NICKLES. Mr. President, I rise today to introduce legislation 
which will right a wrong that has been in the tax code for too long. 
This legislation will clarify the U.S. tax treatment of foreign 
pipeline transportation income. This legislation is needed because 
current tax law causes active foreign pipeline transportation income to 
be unintentionally trapped within the anti-abuse tax rules of Subpart 
F. These anti-abuse rules were originally established to prevent 
companies from avoiding payment of U.S. tax on easily movable and 
passive income. Pipeline transportation income, however, is neither 
passive nor easily movable. Pipes are located where the natural 
resources and energy needs are--they cannot be placed just anywhere. 
Further, one a pipe is in the ground, it is tough to move.
  Referring to the legislative history, we find that Congress did not 
intend these anti-abuse rules to target foreign pipeline transportation 
income. Rather, these rules were intended to reach the significant 
revenues derived by highly profitable oil related activities that were 
sourced to a low-tax country as opposed to the country in which the oil 
or gas was extracted or ultimately consumed. Furthermore, it is 
important to note that when these anti-abuse rules were being 
considered and then put into place, pipeline companies were not engaged 
in international development activities, rather they were focused 
solely on domestic infrastructure development.
  Today, pipeline companies are continuing to actively pursue all 
development opportunities domestically, yet they are somewhat limited. 
The real growth for U.S. pipeline companies, however, is in the 
international arena. These new opportunities have arisen from fairly 
recent efforts by foreign countries to privatize their energy sectors.
  Enabling U.S. pipeline companies to engage in energy infrastructure 
projects abroad will result in tremendous benefits back home. For 
example, more U.S. employees will be needed to craft and close deals, 
to build the plants and pipelines, and to operate the facilities. New 
investment overseas also will bring new demands for U.S. equipment. Yet 
before any of these benefits can be realized, U.S. companies must be 
able to defeat their foreign competitors and win projects. 
Unfortunately, current U.S. tax laws significantly hinder the ability 
of U.S. companies to win such projects.
  We must act now if we are to ensure that U.S. companies remain 
competitive players in the international marketplace. There are 
incremental, low cost, reforms that we can and must make. My 
legislation--to clarify that U.S. tax treatment of foreign pipeline 
transportation income--is one such low-cost reform.
  I urge my colleagues to join me in this effort to bring current U.S. 
tax law in line with good tax policy. It is up to us to do all we can 
to keep America competitive in the global economy.
                                 ______
                                 
      By Mr. LOTT (for himself, Mr. Cochran, Mr. Robb, and Mr. 
        Jeffords):
  S. 1117. A bill to establish the Corinth Unit of Shiloh National 
Military Park, in the vicinity of the city of Corinth, Mississippi, and 
in the State of Tennessee, and for other purposes; to the Committee on 
Energy and Natural Resources.


              corinth battlefield preservation act of 1999

  Mr. LOTT. Mr. President, 137 years ago today, Major General Henry W. 
Halleck and his 120,000 man strong Union Army commenced the siege of 
Corinth, Mississippi. The ensuing six month battle between General 
Halleck's federal troops and General P. G. T. Beauregard's 53,000 
Confederate defenders marked a turning point in the war between the 
states. It was a fierce engagement over a mere 16 square feet parcel. 
This small piece of real estate was of critical strategic importance to 
both the North and the South.

  It was in Corinth, Mississippi that the Memphis and Charleston and 
Mobile and Ohio Railroads crossed paths. This vital east-west and 
north-south railroad junction served as a passageway for troops and 
supplies moving from Illinois to Alabama and from Tennessee to points 
further east such as South Carolina and Virginia.
  Ed Bearss, Chief Historian Emeritus of the National Park Service, 
stated that ``during the Spring of 1862, Corinth was the most important 
city in the Confederacy and almost the length of the War . . . because 
of the railroads.'' In fact, because of its status as a vital rail hub, 
the town was occupied by either Confederate or Union forces from 1861 
to 1865. It also served as a springboard for the careers of over 200 
leading Confederate and Federal generals who were stationed in Corinth 
at one time or another. A figure matched by few other locations.
  Corinth is a city that exemplifies the trials and tribulations 
experienced by soldiers and civilians throughout the Civil War. A town 
whose railways lied at the center of a grand military chess match. An 
area, like many others north and south of the Mason-Dixon line, racked 
by the ravages of war.
  Even with its new status as a National Historic Landmark, Corinth is 
still considered a ``Civil War Landmark At Risk.'' The Civil War Sites 
Advisory Commission, chartered by Congress to assess threats to 
America's premier historic sites, identified Corinth as a priority one 
battlefield in critical need of coordinated nationwide action by the 
year 2000. Local, state, and national preservation groups agree. And, 
so do I.
  Mr. President, today, I am proud and honored to introduce the Corinth 
Battlefield Preservation Act of 1999. This much needed legislation 
would provide further protection for one of America's most important 
Civil War sites by establishing Corinth as a unit of the Shiloh 
National Military Park.
  The 106th Congress needs to add the Corinth Battlefield and its 
surrounding sites to the National Park System given the area's pivotal 
role in American history. It is also appropriate for Congress to 
establish Corinth as a unit of the Shiloh National Military Park as 
these two sites were indelibly linked during the Civil War. The 1862 
battle of

[[Page S5958]]

Shiloh was actually the first strike in the Union force's overall 
Corinth Campaign. It was in April 1862, that federal and southern 
forces competing for control over Corinth first struggled in the Battle 
of Shiloh/Pittsburg Landing. The battle for Corinth also had 
international implications. As a result of the Union's victory, the 
British government chose not to officially recognize the Confederacy.
  The conflict in and around Corinth eventually included the Battles of 
Iuka, Tupelo, and Brices' Crossroads, as well as engagements in 
Booneville, Rienzi, Ripley, and numerous skirmishes in southwest 
Tennessee and northeast Alabama.
  In 1862, Union General Halleck said ``Richmond and Corinth . . . are 
the greatest strategic points of the war, and our success at these 
points should be insured at all hazards.'' Halleck's subordinate, 
General Ulysses S. Grant, regarded Corinth as ``the great strategic 
position in the west between the Tennessee and Mississippi Rivers and 
between Nashville and Vicksburg.'' In arguing for the defense of 
Corinth, Confederate General Beauregard stated to General Samual 
Cooper, Adjutant and Inspector General of the Confederate States Army 
that, ``if defeated here [in Corinth,] we lose the Mississippi Valley 
and probably our cause, whereas we could even afford to lose for a 
while Charleston and Savannah for the purpose of defeating Buell's 
army, which would not only insure us the valley of the Mississippi, but 
our independence.'' Corinth's strategic importance to both armies led 
to some of the bloodiest battles in the Western Theater. Tens of 
thousands of soldiers were killed or wounded in this bitter offensive.
  It was also here that thousands of war refugees, mostly African-
Americans from Mississippi, Tennessee, and Alabama, sought shelter with 
the Union Army in Corinth. After President Lincoln's Emancipation 
Proclamation, the federal army created a model ``Contraband Camp.'' By 
the Spring of 1863, the camp housed around 4,000 freedmen. Almost half 
of these freedmen joined the ``First Alabama Infantry of African 
Descent'' which later became the ``55th Colored Infantry.''
  Corinth is also one of the few existing Civil War sites that boasts 
extraordinary earthworks and fortifications--many of which remain in 
pristine condition. A National Park Service studying authority stated 
that, ``today the surviving [Corinth] earthworks are one of the largest 
and best preserved groups of field fortifications, dating to 1862 in 
the United States.'' Unfortunately, many of these historic resources, 
undisturbed for over 130 years, are now threatened. For example, a 500-
yard section of earthworks was specifically sold for development. These 
earthworks are important to our national heritage because they helped 
shape the face of war from the 1860's to today. In fact, trench warfare 
evolved from the battle for Corinth. These earthworks and 
fortifications are symbolic reminders of the epic struggle that ensued 
between friends and neighbors and the Civil War's lasting impact on 
modern warfare.
  Although, the Battle of Shiloh has been etched into American history 
as part of the Shiloh National Military Park, a number of important 
historic sites and resources relating to the pre-battle and the rest of 
the Corinth Campaign have not been adequately protected or interpreted. 
Establishing the Shiloh Nationally Military Park as the nation's second 
Military Park back in 1894 was a good start. Now it is time for the 
106th Congress to complete the preservation effort. Congress needs to 
give a lasting presence to the Corinth Battlefield, a key component of 
the historic Shiloh-Corinth Corridor.
  Corinth remains a central transportation gateway. It serves as a 
junction intersecting Highways 72, running east and west, and Highway 
45, which runs north and south. It is also a mecca for dedicated 
history buffs given the town's close proximity to Shiloh and other 
Civil War sites and its connection to the Corinth Campaign.
  I am sure that my colleagues will agree that the sixteen Corinth 
Civil War sites designated as National Historic Landmarks are far too 
important to be relegated solely to review in history books or by 
professional historians. Americans need to see it.
  The 106th Congress can and must highlight the importance of the Siege 
and Battle of Corinth for the millions of adults and children, both 
American and foreign, interested in learning about an essential facet 
of Americana.
  For over one hundred years, the United States Congress has advanced 
the notion that our national interest is best served by preserving 
America's historic treasures. Not only by ensuring the proper 
interpretation of important historic events, but also the places--the 
properties where pivotal military milestones occurred.
  As Ed Bearss proclaimed, ``the Battle of Corinth was the bloodiest 
battle in the State of Mississippi. Troops were brought from New 
Orleans, Mobile, Texas and Arkansas because Corinth was such an 
important place. With the fall of Corinth, Perryville, Kentucky, and 
Antietam, Maryland the Confederacy was lost.'' We owe it to our 
ancestors and to future generations to protect Corinth and the wealth 
of Civil War history that exudes from this small town.
  Mr. President, the measure offered today is vital to the successful 
interpretation and preservation of Corinth. It builds upon previous 
efforts and gives Corinth its proper status as one of America's most 
significant Civil War sites.
  Mr. President, I ask my colleagues to join with me in support of the 
Corinth Battlefield Preservation Act of 1999. A bipartisan measure 
which is widely supported by local, state, regional, national, and 
international preservation organizations.
  Along with the strong local support shown by the residents and local 
officials of Corinth and Alcorn County as well as assistance from 
several Civil War preservation groups, I would also like to take a 
moment to thank Rosemary Williams of Corinth, Woody Harrel, 
Superintendent of the Shiloh Military Park, and Anne Thompson, Manager 
of the Interim Corinth Civil War Interpretive Center. They were 
instrumental in assisting with the preparation of this important 
historic preservation legislation.
  Mr. President, I also want to thank my colleagues, Senator Cochran, 
Senator Robb, and Senator Jeffords, for their formal support of this 
pro-parks, pro-history measure.
  I hope that the rest of my colleagues will join with us in taking 
this necessary step to protect our heritage so that our children and 
grandchildren can gain an understanding of the struggles of this great 
nation. Struggles that have help shaped our American democracy and 
transformed our diverse states and peoples into a cohesive and 
prosperous union better prepared to meet the challenges and 
opportunities of the next millennium. Corinth has a story to tell 
Americans today and in the future. Corinth merits inclusion in the 
Shiloh National Military Park.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1117

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This act may be cited as the ``Corinth Battlefield 
     Preservation Act of 1999''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) in 1996, Congress authorized the establishment and 
     construction of a center--
       (A) to facilitate the interpretation of the Siege and 
     Battle of Corinth and other Civil War actions in the area in 
     and around the city of Corinth, Mississippi; and
       (B) to enhance public understanding of the significance of 
     the Corinth campaign and the Civil War relative to the 
     western theater of operations, in cooperation with--
       (i) State or local governmental entities;
       (ii) private organizations; and
       (iii) individuals;
       (2) the Corinth Battlefield was ranked as a priority 1 
     battlefield having critical need for coordinated nationwide 
     action by the year 2000 by the Civil War Sites Advisory 
     Commission in its report on Civil War Battlefields of the 
     United States;
       (3) there is a national interest in protecting and 
     preserving sites of historic significance associated with the 
     Civil War; and
       (4) the States of Mississippi and Tennessee and their 
     respective local units of government--
       (A) have the authority to prevent or minimize adverse uses 
     of these historic resources; and
       (B) can play a significant role in the protection of the 
     historic resources related to

[[Page S5959]]

     the Civil War battles fought in the area in and around the 
     city of Corinth.
       (b) Purposes.--The purposes of this Act are--
       (1) to establish the Corinth Unit of the Shiloh National 
     Military Park--
       (A) in the city of Corinth, Mississippi; and
       (B) in the State of Tennessee;
       (2) to direct the Secretary of the Interior to manage, 
     protect, and interpret the resources associated with the 
     Civil War Siege and the Battle of Corinth that occurred in 
     and around the city of Corinth, in cooperation with--
       (A) the State of Mississippi;
       (B) the State of Tennessee;
       (C) the city of Corinth, Mississippi;
       (D) other public entities; and
       (E) the private sector; and
       (3) to authorize a special resource study to identify other 
     Civil War sites area in and around the city of Corinth that--
       (A) are consistent with the themes of the Siege and Battle 
     of Corinth;
       (B) meet the criteria for designation as a unit of the 
     National Park System; and
       (C) are considered appropriate for including in the Unit.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Map.--The term ``Map'' means the map entitled ``Corinth 
     Unit'', numbered 304/80,007, and dated October 1998.
       (2) Part.--The term ``Park'' means the Shiloh National 
     Military Park.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Unit.--The term ``Unit'' means the Corinth Unit of 
     Shiloh National Military Park established under section 4.

     SEC. 4. ESTABLISHMENT OF UNIT.

       (a) In General.--There is established in the States of 
     Mississippi and Tennessee the Corinth Unit of the Shiloh 
     National Military Park.
       (b) Composition of Unit.--The Unit shall be comprised of--
       (1) the tract consisting of approximately 20 acres 
     generally depicted as ``Park Boundary'' on the Map, and 
     containing--
       (A) the Battery Robinett; and
       (B) the site of the interpretive center authorized under 
     section 602 of the Omnibus Parks and Public Lands Management 
     Act of 1996 (16 U.S.C. 430f-5); and
       (2) any additional land that the Secretary determines to be 
     suitable for inclusion in the Unit that--
       (A) is under the ownership of a public entity or nonprofit 
     organization; and
       (B) has been identified by the Siege and Battle of Corinth 
     National Historic Landmark Study, dated January 8, 1991.
       (c) Availability of Map.--The Map shall be on file and 
     available for public inspection in the office of the Director 
     of the National Park Service.

     SEC. 5. LAND ACQUISITION.

       (a) In General.--The Secretary may acquire land and 
     interests in land within the boundary of the Park as depicted 
     on the Map, by--
       (1) donation;
       (2) purchase with donated or appropriated funds; or
       (3) exchange.
       (b) Exception.--Land may be acquired only by donation 
     from--
       (1) The State of Mississippi (including a political 
     subdivision of the State);
       (2) the State of Tennessee (including a political 
     subdivision of the State); or
       (3) the organization known as ``Friends of the Siege and 
     Battle of Corinth''.

     SEC. 6. PARK MANAGEMENT AND ADMINISTRATION.

       (a) In General.--The Secretary shall administer the Unit in 
     accordance with this Act and the laws generally applicable to 
     units of the National Park System, including--
       (1) the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (16 U.S.C. 1 et seq.); and
       (2) the Act entitled ``An Act to provide for the 
     preservation of historic American sites, buildings, objects, 
     and antiquities of national significance, and for other 
     purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.).
       (b) Duties.--In accordance with section 602 of the Omnibus 
     Parks and Public Lands Management Act of 1996 (16 U.S.C. 
     430f-5), the Secretary shall--
       (1) commemorate and interpret, for the benefit of visitors 
     and the general public, the Siege and Battle of Corinth and 
     other Civil War actions in the area in and around the city of 
     Corinth within the larger context of the Civil War and 
     American history, including the significance of the Civil War 
     Siege and Battle of Corinth in 1862 in relation to other 
     operations in the western theater of the Civil War; and
       (2) identify and preserve surviving features from the Civil 
     War era in the area in and around the city of Corinth, 
     including both military and civilian themes that include--
       (A) the role of railroads in the Civil War;
       (B) the story of the Corinth contraband camp; and
       (C) the development of field fortifications as a tactic of 
     war.
       (c) Cooperative Agreements.--
       (1) In general.--To carry this Act, the Secretary may enter 
     into cooperative agreements with entities in the public and 
     private sectors, including--
       (A) colleges and universities;
       (B) historical societies;
       (C) State and local agencies; and
       (D) nonprofit organizations.
       (2) Technical assistance.--To develop cooperative land use 
     strategies and conduct activities that facilitate the 
     conservation of the historic, cultural, natural, and scenic 
     resources of the Unit, the Secretary may provide technical 
     assistance, to the extent that a recipient of technical 
     assistance is engaged in the protection, interpretation, or 
     commemoration of historically significant Civil War resources 
     in the area in and around the city of Corinth, to--
       (A) the State of Mississippi (including a political 
     subdivision of the State);
       (B) the State of Tennessee (including a political 
     subdivision of the State);
       (C) a governmental entity;
       (D) a nonprofit organization; and
       (E) a private property owner.
       (d) Resources Outside the Unit.--Nothing in subsection 
     (c)(2) authorizes the Secretary to own or manage any resource 
     outside the Unit.

     SEC. 7 AUTHORIZATION OF SPECIAL RESOURCE STUDY.

       (a) In General.--To determine whether certain additional 
     properties are appropriate for inclusion in the Unit, the 
     Secretary shall conduct a special resource study of land in 
     and around the city of Corinth, Mississippi, and nearby areas 
     in the State of Tennessee that--
       (1) have a relationship to the Civil War Siege and Battle 
     of Corinth in 1862; and
       (2) are under the ownership of--
       (A) the State of Mississippi (including a political 
     subdivision of the State);
       (B) the State of Tennessee (including a political 
     subdivision of the State);
       (C) a nonprofit organization; or
       (D) a private person.
       (b) Contents of Study.--The study shall--
       (1) identify the full range of resources and historic 
     themes associated with the Civil War Siege and Battle of 
     Corinth in 1862, including the relationship of the campaign 
     to other operations in the western theater of the Civil War 
     that occurred in--
       (A) the area in and around the city of Corinth; and
       (B) the State of Tennessee;
       (2) identify alternatives for preserving features from the 
     Civil War era in the area in and around the city of Corinth, 
     including both military and civilian themes involving--
       (A) the role of the railroad in the Civil War;
       (B) the story of the Corinth contraband camp; and
       (C) the development of field fortifications as a tactic of 
     war;
       (3) identify potential partners that might support efforts 
     by the Secretary to carry out this Act, including--
       (A) State entities and their political subdivisions;
       (B) historical societies and commissions;
       (C) civic groups; and
       (D) nonprofit organizations;
       (4) identify alternatives to avoid land use conflicts; and
       (5) include cost estimates for any necessary activity 
     associated with the alternatives identified under this 
     subsection, including--
       (A) acquisition;
       (B) development;
       (C) interpretation;
       (D) operation; and
       (E) maintenance.
       (c) Report.--Not later than 1 year and 180 days after the 
     date on which funds are made available to carry out this 
     section, the Secretary shall submit a report describing the 
     findings of the study under subsection (a) to--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Resources of the House of 
     Representatives.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act, including $3,000,000 for the 
     construction of an interpretive center under section 602(d) 
     of title VI of the Omnibus Parks and Public Lands Management 
     Act of 1996 (16 U.S.C. 430f-59d)).
                                 ______
                                 
      By Mr. SCHUMER (for himself, Mrs. Feinstein, Mr. Chafee, Mr. 
        Gregg, Mr. Santorum, and Mr. Moynihan):
  S. 1118. A bill to amend the Agricultural Market Transition Act to 
convert the price support program for sugarcane and sugar beets into a 
system of solely recourse loans to provide for the gradual elimination 
of the program; to the Committee on Agriculture, Nutrition, and 
Forestry.


                  sugar program phase out legislation

  Mr. SCHUMER. Mr. President, today I join with my colleagues Senators 
Feinstein, Chafee, Gregg, and Santorum to introduce legislation that 
phases out the federal sugar program. Remember that old story, if you 
believe this, I've got some swampland to sell you in Florida? Boy, I 
wish I bought some of that swampland and became a sugar grower.

  It is a can't miss, can't lose proposition where all of the risk is 
absorbed by the federal government and all of the reward goes to the 
sugar barons. It is one of the last vestiges of a centralized, 
subsidized U.S. farm sector which has mostly gone by the wayside.

[[Page S5960]]

  Ten years after the collapse of the Berlin Wall, Odessa on the 
Okeechobee with its generous price supports somehow still survives. 
This is a special interest program that benefits a handful of sugar 
barons at the expense of every man, woman and child in America.
  Several years ago, the GAO estimated that consumers paid $1.4 billion 
more at the cash register because of the sugar price support. Today, 
because the world price for sugar is lower and the price paid in the 
U.S. is higher, the cost to consumers could be twice as high.
  And let's not forget. It has already cost America thousands of 
refinery jobs. And it has already cost the Everglades hundreds of acres 
of pristine wilderness. In Brooklyn and in Yonkers, we have lost one-
third of our refinery jobs in the last decade. Why? Because the sugar 
program is such a bitter deal, refiners cannot get enough raw cane 
sugar to remain open.
  Four years ago, when we came within five votes in the House of 
terminating the sugar program, the world market price for sugar was 
about ten cents and the U.S. price about 20 cents. Today the world 
price is less than a nickel and the U.S. price is almost a quarter. In 
other words, the gulf between the free market and the sugar program is 
getting wider.
  Under any reasonable and rational measure the sugar program should be 
repealed. If the issue is jobs, the environment or the consumer--then 
we have no choice but to repeal. At all ends of the political spectrum 
the answer is the same--it's time to repeal the sugar program.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1118

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. RECOURSE LOANS FOR PROCESSORS OF SUGARCANE AND 
                   SUGAR BEETS AND REDUCTION IN LOAN RATES.

       (a) Gradual Reduction in Loan Rates.--
       (1) Sugarcane processor loans.--Section 156(a) of the 
     Agricultural Market Transition Act (7 U.S.C. 7272(a)) is 
     amended by striking ``equal to 18 cents per pound for raw 
     cane sugar.'' and inserting the following: ``, per pound for 
     raw cane sugar, equal to the following:
       ``(1) In the case of raw cane sugar processed from the 
     1996, 1997, or 1998 crop, $0.18.
       ``(2) In the case of raw cane sugar processed from the 1999 
     crop, $0.17.
       ``(3) In the case of raw cane sugar processed from the 2000 
     crop, $0.16.
       ``(4) In the case of raw cane sugar processed from the 2001 
     crop, $0.15.
       ``(5) In the case of raw cane sugar processed from the 2002 
     crop, $0.14.''.
       (2) Sugar beet processor loans.--Section 156(b) of the 
     Agricultural Market Transition Act (7 U.S.C. 7272(b)) is 
     amended by striking ``equal to 22.9 cents per pound for 
     refined beet sugar.'' and inserting the following: ``, per 
     pound of refined beet sugar, that reflects--
       ``(1) an amount that bears the same relation to the loan 
     rate in effect under subsection (a) for a crop as the 
     weighted average of producer returns for sugar beets bears to 
     the weighted average of producer returns for sugarcane, 
     expressed on a cents per pound basis for refined beet sugar 
     and raw cane sugar, for the most recent 5-year period for 
     which data are available; and
       ``(2) an amount that covers sugar beet processor fixed 
     marketing expenses.''.
       (b) Conversion to Recourse Loans.--Section 156(e) of the 
     Agricultural Market Transition Act (7 U.S.C. 7272(e)) is 
     amended--
       (1) in paragraph (1), by inserting ``only'' after ``this 
     section''; and
       (2) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) National loan rates.--Recourse loans under this 
     section shall be made available at all locations nationally 
     at the rates specified in this section, without adjustment to 
     provide regional differentials.''.
       (c) Conversion to Private Sector Financing.--Section 156 of 
     the Agricultural Market Transition Act (7 U.S.C. 7272) is 
     amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i) Conversion to Private Sector Financing.--
     Notwithstanding any other provision of law--
       ``(1) no processor of any of the 2003 or subsequent crops 
     of sugarcane or sugar beets shall be eligible for a loan 
     under this section with respect to the crops; and
       ``(2) the Secretary may not make price support available, 
     whether in the form of loans, payments, purchases, or other 
     operations, for any of the 2003 and subsequent crops of sugar 
     beets and sugarcane by using the funds of the Commodity 
     Credit Corporation or other funds available to the 
     Secretary.''; and
       (3) in subsection (j) (as redesignated by paragraph (1)) by 
     striking ``subsection (f)'' and inserting ``subsections (f) 
     and (i)''.
       (d) Termination of Marketing Quotas and Allotments.--
       (1) Termination.--Part VII of subtitle B of title III of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et 
     seq.) is repealed.
       (2) Conforming amendment.--Section 344(f)(2) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is 
     amended by striking ``sugar cane for sugar, sugar beets for 
     sugar,''.
       (e) Other Conforming Amendments.--
       (1) Price support for nonbasic agricultural commodities.--
       (A) Designated nonbasic agricultural commodities.--Section 
     201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is 
     amended by striking ``milk, sugar beets, and sugarcane'' and 
     inserting ``, and milk''.
       (B) Other nonbasic agricultural commodities.--Section 301 
     of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by 
     inserting ``(other than sugarcane and sugar beets)'' after 
     ``title II''.
       (2) Powers of commodity credit corporation.--Section 5(a) 
     of the Commodity Credit Corporation Charter Act (15 U.S.C. 
     714c(a)) is amended by inserting ``(except for the 2003 and 
     subsequent crops of sugarcane and sugar beets)'' after 
     ``agricultural commodities''.
       (3) Section 32 activities.--Section 32 of the Act of August 
     24, 1935 (7 U.S.C. 612c), is amended in the second sentence 
     of the first paragraph by inserting ``(other than sugarcane 
     and sugar beets)'' after ``commodity'' the last place it 
     appears.
       (f) Assurance of Adequate Supplies of Sugar.--Section 902 
     of the Food Security Act of 1985 (7 U.S.C. 1446g note; Public 
     Law 99-198) is amended by striking subsection (a) and 
     inserting the following:
       ``(a) In General.--Beginning with the quota year for sugar 
     imports that begins after the 1998/1999 quota year, the 
     President shall use all authorities available to the 
     President as may be necessary to enable the Secretary of 
     Agriculture to ensure that adequate supplies of raw cane 
     sugar are made available to the United States market at 
     prices that are not greater than the higher of--
       ``(1) the world sugar price (adjusted to a delivered 
     basis); or
       ``(2) the raw cane sugar loan rate in effect under section 
     156 of the Agricultural Market Transition Act (7 U.S.C. 
     7272), plus interest.''.

  Mrs. FEINSTEIN. Mr. President, I rise in support of legislation 
sponsored by Senator Schumer to phase out the antiquated sugar subsidy. 
The sugar program is nothing than a system of import restrictions, 
subsidized loans, and price supports that benefit a limited number of 
sugar growers.
  I find it incredible that the federal government continues to support 
a subsidy program that is driving the domestic refinery industry out of 
existence and costing thousands of good jobs. The US Department of 
Agriculture restricts the amount of sugar available to domestic 
refineries. Without sugar, a sugar refinery cannot operate and that is 
the result of this misguided program.
  It is clear that the U.S. sugar policy has served to strangle this 
country's sugar refining industry. By limiting the amount of raw cane 
sugar available for production, there has been a 40 percent decline in 
jobs in the sugar-cane refining industry. Since 1982, nine out of 
twenty one cane sugar refineries in the U.S. have been forced out of 
business. Those that have remained open are struggling to survive under 
onerous import restrictions.
  I first became involved with this issue in 1994 when David Koncelik, 
the President and CEO of the California and Hawaiian Sugar Company, 
informed me that his refinery was forced to temporarily cease 
operations because it had no sugar.
  This 93 year old refinery is the Nation's largest refinery and the 
only such facility on the West Coast. C&H refines about 15 percent of 
the total cane sugar consumed in the U.S.
  C&H is capable of producing and selling 700,000 tons of refined sugar 
annually. Therefore, the company requires in excess of 700,000 tons of 
raw cane sugar to meet its sales demand.
  Hawaii is C&H's sole source for its domestic raw cane sugar needs, 
but Hawaii's cane sugar industry has been in decline for over 10 years. 
This has meant that C&H is forced to cover over half its annual 
consumption through imports from other countries.
  The highly restrictive sugar import system forces C&H to pay an 
inflated price for raw sugar from both domestic and foreign suppliers. 
Even more devastating, however, the quota system limits the amount of 
sugar available to the refinery. Simply put, C&H has been unable to get 
enough sugar to refine and it has been forced to close it doors on 
several occasions.

[[Page S5961]]

  The reduced production capacity has resulted in a severe downsizing 
of the workforce. As recently as 1987, C&H employed over 1,400 people. 
These are not minimum wage jobs we are talking about: the average 
employee in the cane refining industry earns nearly $43,000 a year. In 
1995, C&H had to eliminate 30 percent of its workforce just to remain 
viable under the quota system mandated by the sugar program.
  C&H now employees just over 500 people. These jobs and many others 
around the nation are at risk if reforms are not made to the sugar 
program.
  The overly restrictive manner that the USDA administers the sugar 
program has a number of other flaws. The sugar program's existing quota 
system was put in place in 1982, using trading patterns dating as far 
back as 1975. The system has remained largely unchanged over the past 
17 years despite major alterations in the international sugar market. 
As a result, the current import quota system assigns export rights to 
countries that don't grow enough sugar to export or, in some cases, are 
net importers themselves.
  For example, the Philippines are granted one of the largest export 
privileges under the sugar import quota system. It, however, does not 
even grow enough sugar to meet it own domestics needs. What this means 
is that the Philippines sell their homegrown sugar crop to the United 
States at about 22 cents a pound. It then buys raw sugar on the world 
market at around 5 cents a pound. This is ridiculous. We are in effect 
giving money to foreign countries and forcing domestic consumers to pay 
the price.
  Beginning in September of 1994, I have asked the Administration on 
eight separate occasions to reform the sugar program. Simply increasing 
the amount of sugar available through the import program would provide 
immediate relief to C&H and the other domestic refineries. To date, no 
such permanent reform of the program has been made.
  In addition to choking off the refineries' access to sugar, the US 
sugar policy also has an adverse impact on US consumers. The General 
Accounting Office has found that the program costs sugar users an 
average of $1.4 billion annually. That equates to $3.8 million a day in 
hidden sugar taxes.
  The report found that ``Although the sugar program is considered a 
no-net-cost program because the government does not make payments 
directly to producers, it places the cost of the price supports on 
sweetener users--consumers and manufacturers of sweetener-containing 
products--who pay higher sugar and sweetener prices.''
  What this means is that unlike traditional subsidy programs, the 
funds do not come directly from the Treasury. Instead, the sugar 
program places the cost consumers by restricting the supply of 
available sugar which causes higher domestic market prices.
  The legislation we are introducing will eliminate the sugar subsidy 
program by 2002. This is a simple, straight-forward, and fair way to 
end a program that has not worked for U.S. consumers or workers.
  Congress has had opportunities in the past to kill this program and 
we have not taken them. As a result, workers have lost jobs and 
consumers have lost money. I am pleased to join my colleagues in saying 
that enough is enough. It is time to end the sugar subsidy program once 
and for all.
                                 ______
                                 
      By Mr. TORRICELLI (for himself, Mr. Reed, Mr. Lautenberg, Mr. 
        Bryan, Mrs. Boxer, Mrs. Feinstein, Mr. Dodd, Mr. Rockefeller, 
        Mr. Biden, Mr. Schumer, Mrs. Murray, Mr. Durbin, and Mr. 
        Kerry):
  S. 1120. A bill to ensure that children enrolled in medicaid and 
other Federal means-tested programs at highest risk for lead poisoning 
are identified and treated, and for other purposes; to the Committee on 
Finance.


                        children's lead safe act

 Mr. TORRICELLI. Mr. President, today I rise with Senator Reed 
to introduce legislation that will ensure that children enrolled in 
federal health care programs receive screening and appropriate care for 
lead poisoning. Our bill, the ``Children's Lead SAFE Act of 1999'' 
would go a long way to eliminate childhood lead poisoning.
  We know lead exposure is one of the most dangerous health hazards for 
young children because their nervous systems are still developing. Lead 
poisoning in children causes damage to the brain and nervous systems, 
which leads to IQ loss, impaired physical development and behavioral 
problems. High levels of exposure can cause comas, convulsions, and 
even death.
  Despite our success over the past twenty years to reduce lead 
poisoning in the U.S., it continues to be the number one environmental 
health threat to children, with nearly one million preschoolers 
affected. Poor and minority children are most at-risk because of diet 
and exposure to environmental hazards such as old housing. These 
children frequently live in older housing which contains cracked or 
chipped lead paint, where children primarily contract lead poisoning by 
ingesting paint chips or lead dust.
  Mr. President, 75 percent of At-Risk children are enrolled in federal 
health care programs. Kids in these programs are five times more likely 
to have high blood levels. In 1992, Congress instructed Health Care 
Financing Adm. (HCFA) to require States to lead screen Medicaid 
children under the age of two. Despite this, the GAO report shows that 
mandatory screening isn't happening. Two-thirds of Medicaid children 
have never been screened (as required). And only 20 percent of all 
children in federal programs have been screened.
  In fact, only half the States have screening policies consistent with 
federal law. In my own state of New Jersey, the GAO report showed that 
only 39 percent of Medicaid children have been screened. Despite 
federal requirements, for whatever reason--insufficient outreach, lax 
government oversight or parental ignorance, too many kids are not 
getting screened.
  The Children's Lead SAFE Act would address this problem by 
establishing clear and consistent standards for screening and treatment 
and by involving all relevant federal health programs in this battle. 
Our legislation is modeled on the recommendations made by the GAO.
  It requires all federal programs serving at-risk kids to be involved 
in screening. It requires State Medicaid contracts to explicitly 
require providers (HMO's) to follow federal rules for screening and 
treatment. It expands Medicaid coverage to include treatment services 
and environmental investigations to determine the source of the 
poisoning. WIC centers (with 12 percent of the at-risk population) will 
be required to assess whether a child has been screened and if they 
have not to provide the necessary referral and follow-up to ensure that 
screening occurs. Head Start facilities would similarly have the 
responsibility for ensuring that their children are screened.
  In addition, our legislation would improve data so we can identify 
problems and use that information to educate providers about the extent 
of the problem. CDC would develop information-sharing guidelines for 
State and local health departments, the labs that perform the test and 
federal programs. It would also require each State to report on the 
percent of the Medicaid population they are screening.
  Finally, our legislation would make sure agencies have sufficient 
resources to do screening by reimbursing WIC and Head Start for costs 
they incur in screening. The legislation would also create a bonus 
program whereby a state will receive a per child bonus for every child 
it screens above 65 percent of its Medicaid population.
  Mr. President, the health and safety of our children would be greatly 
enhanced with the passage of this important legislation. Childhood lead 
poisoning is easily preventable, and there is no excuse for not 
properly screening and providing care to our kids. Our bill would 
accomplish this and ensure adequate care. I ask my colleagues to join 
me in recognizing this problem and supporting its solution.
  Mr. REED. Mr. President, I rise today to introduce legislation with 
Senator Torricelli that would ensure that children enrolled in federal 
health care programs receive screening and appropriate follow-up care 
for lead poisoning. Our bill, the ``Children's Lead SAFE Act of 1999'' 
is an effort to eliminate a disease that continues to wreak 
irreversible damage upon our nation's children.
  Despite our success over the past twenty years to reduce lead 
poisoning

[[Page S5962]]

in the U.S., it continues to be the number one environmental health 
threat to children, with nearly one million preschoolers affected. This 
problem is particularly severe among African American children who are 
at five times higher risk than white children and low-income children 
are at eight times higher risk than children from well-to-do families.
  Minorities and low-income children are disproportionately affected by 
lead poisoning because they frequently live in older housing which 
contains cracked or chipped lead paint, where children primarily 
contract lead poisoning by ingesting paint chips or lead dust.
  If undetected, lead poisoning can cause brain and nervous system 
damage, behavior and learning problems and possibly death.
  Research shows that children with elevated blood-lead levels are 
seven times more likely to drop out of high school and six times more 
likely to have reading disabilities. It costs an average of $10,000 
more a year to educate a lead-poisoned child. We will continue to pay 
for our failure to eradicate this preventable tragedy through costs to 
our education and health care system, and losses in lifetime earnings, 
unless we act now to protect our children.
  As I mentioned, this disease is entirely preventable, making its 
prevalence among children all the more frustrating. We do have 
solutions--parents who are aware, housing that is safe, and effective 
screening and treatment for children who are at risk--to name a few.
  Unfortunately, our current system is not adequately protecting our 
children. In January 1999, the General Accounting Office reported that 
children in federally funded health care programs such as Medicaid, 
Women Infant and Child (WIC) and the Health Centers program, are five 
times more likely to have elevated blood lead levels. The report also 
found that despite longstanding federal requirements, two-thirds of the 
children in these programs--more than 400,000--have never been screen 
and, consequently, remain untreated.
  Early detection of lead poisoning is critical to ensure that a child 
is removed from the source of exposure and to determine whether other 
children, such as siblings or friends, have also been exposed. 
Screening is also important to determine whether a child's lead 
poisoning is so severe as to require medical management to mitigate the 
long-term health and developmental effects of lead.
  Mr. President, our comprehensive legislation is designed to make sure 
no child falls through the cracks, by establishing clear and consistent 
standards for screening and treatment and by holding accountable those 
who are responsible for carrying out the requirements. The legislation 
supports improved management information systems to provide state- and 
community-level information about the extent to which children have 
elevated blood lead levels. It also expands and coordinates lead 
screening and treatment activities through other federal programs 
serving at-risk children such as WIC, Early Head Start, and the 
Maternal and Child Health Block Grant programs. Finally, the bill ties 
incentives for screening to additional federal funding for cleaning up 
lead-contaminated houses.
  Mr. President, we propose this legislation in an effort to rid 
children of the detrimental effects of lead poisoning. Every child has 
a right to screening and follow-up care. This bill will significantly 
increase the number of poisoned children who are screened and treated 
and help communities, parents, and physicians to take advantage of 
every opportunity that they have to detect and treat lead poisoning 
before its irreversible effects set in.
  I ask by unanimous consent that the text of this bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
  The bill was not available for printing. It will appear in a future 
issue of the Record.
                                 ______
                                 
      By Mr. LEAHY:
  S 1121. A bill to amend the Clayton Act to enhance the authority of 
the Attorney General to prevent certain mergers and acquisitions that 
would unreasonably limit competition; to the Committee on the 
Judiciary.


                   ANTITRUST IMPROVEMENTS ACT OF 1999

  Mr. LEAHY. Mr. President, we are living in a time of mega-mergers, 
and they are coming from all directions. Chrysler and Daimler-Benz 
automobile companies finalized their merger last year. In the computer 
world, AOL completed its purchase of Netscape just a few months ago. 
And in the largest corporate merger ever, Exxon Corporation announced 
its plan to acquire Mobil at a price tag of over $75 billion, thus 
creating the world's biggest private oil company, Exxon Mobil 
Corporation.
  While these mega-mergers have cut a swath across a number of 
industries, the consolidations that continue to raise the most 
questions in my mind are those that involve incumbent monopolies. For 
example, the mergers among Regional Bell Operating Companies, which 
continue to have a virtual stranglehold on the local telephone loop, 
pose a great threat to healthy competition in the telecommunications 
industry.
  Indeed, incumbent telephone companies still control more than 99% of 
the local residential telephone markets.
  As I said last Congress, and it is still the case today, at my farm 
in Middlesex and at my home here in Virginia, I have only one choice 
for dial-tone and local telephone service. That ``choice'' is the Bell 
operating company or no service at all.
  The Telecommunications Act of 1996 passed with the promise of 
bringing competition to benefit American consumers. However, this 
promise has yet to materialize.
  Since passage of the Telecommunications Act, Southwestern Bell has 
merged with PacTel into SBC Corporation, Bell Atlantic has merged into 
NYNEX, and AT&T has acquired IBM's Global Network, just to name a few. 
Just last week it was reported that U.S. West reached an agreement to 
merge with the telecommunications company Global Crossing.
  The U.S. Justice Department didn't spend years dividing up Ma Bell 
just to see it grow back together again under the guise of the 1996 
Telecommunications Act.
  I am very concerned that the concentration of ownership in the 
telecommunications industry is proceeding faster than the growth of 
competition. Old monopolies are simply regrouping and getting bigger 
and bigger.
  Before all the pieces of Ma Bell are put together again, Congress 
should revisit the Telecommunications Act. To ensure competition 
between Bell Operating Companies and long distance and other companies, 
as contemplated by passage of this law, we need clearer guidelines and 
better incentives. Specifically, we should ensure that Bell Operating 
Companies do not gain more concentrated control over huge percentages 
of the telephone access lines of this country through mergers, but only 
through robust competition.
  Today I am reintroducing antitrust legislation that will bar future 
mergers between Bell Operating Companies or GTE, unless the federal 
requirements for opening the local loop to competition have been 
satisfied in at least half of the access lines in each State.
  The bill provides that a ``large local telephone company'' may not 
merge with another large local telephone company unless the Attorney 
General finds that the merger will promote competition for telephone 
exchange services and exchange access services. Also, before a merger 
can take place, the Federal Communications Commission must find that 
each large local telephone company has for at least one-half of the 
access lines in each State served by such carrier, of which as least 
one-half are residential access lines, fully implemented the 
requirements of sections 251 and 252 of the Communications Act of 1934.
  The bill requires that each large local telephone company that wishes 
to merge with another must file an application with the Attorney 
General and the FCC. A review of these applications will be subject to 
the same time limits set under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976.
  The bill also provides that nothing in this Act shall be construed to 
modify, impair, or supersede the applicability of the antitrust laws of 
the United States, or any authority of the Federal Communications 
Commission, or any

[[Page S5963]]

authority of the States with respect to mergers and acquisitions of 
large local telephone companies.
  The bill is effective on enactment and has no retroactive effect. It 
is enforceable by the Attorney General in federal district courts.
  This bill has the potential to make the 1996 Telecommunications Act 
finally live up to some of its promises.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1121

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Antitrust Improvements Act 
     of 1999''.

     SEC. 2. PURPOSE

       The purpose of this Act is to enhance the authority of the 
     Attorney General to prevent certain mergers and acquisitions 
     that would unreasonably limit competition in the 
     telecommunications industry in any case in which certain 
     Federal requirements that would enhance competition are not 
     met.

     SEC. 3. RESTRAINT OF TRADE.

       The Clayton Act (15 U.S.C. 12 et seq.) is amended--
       (1) by redesignating section 27 (as designated by section 2 
     of Public Law 96-493) as section 29; and
       (2) by inserting after section 27 (as added by the Curt 
     Flood Act of 1998 (Public Law 105-297)) the following new 
     section:
       ``Sec. 28. (a) In this section, the term `large local 
     telephone company' means a local telephone company that, as 
     of the date of a proposed merger or acquisition covered by 
     this section, serves more than 5 percent of the telephone 
     access lines in the United States.
       ``(b) Notwithstanding any other provision of law, a large 
     local telephone company, including any affiliate of such a 
     company, shall not merge with or acquire a controlling 
     interest in another large local telephone company unless--
       ``(1) the Attorney General finds that the proposed merger 
     or acquisition will promote competition for telephone 
     exchange services and exchange access services; and
       ``(2) The Federal Communication Commission finds that each 
     large local telephone company that is a party to the proposed 
     merger or acquisition, with respect to at least \1/2\ of the 
     access lines in each State served by that company, of which 
     at least \1/2\ are residential access lines, has fully 
     implemented the requirements of sections 251 and 252 of the 
     Communications Act of 1934 (47 U.S.C. 251, 252), including 
     the regulations of the Commission and of the States that 
     implemented those requirements.
       ``(c) Not later than 10 days after the Attorney General 
     makes a finding described in subsection (b)(1), the Attorney 
     General shall submit to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives a report on the finding, including an 
     analysis of the effect of the merger or acquisition on 
     competition in the United States telecommunications industry.
       ``(d)(1) Each large local telephone company or affiliate of 
     a large local telephone company proposing the merge with or 
     acquire a controlling interest in another large local 
     telephone company shall file an application under this 
     section with respect to the merger or acquisition with both 
     the Attorney General and the Federal Communication Commission 
     on the same day.
       ``(2) The Attorney General and the Federal Communication 
     Commission shall issue a decision regarding the application 
     within the time period applicable to review of mergers under 
     section 7A.
       ``(e)(1) The district courts of the United States are 
     vested with jurisdiction to prevent and restrain any mergers 
     or acquisitions described in subsection (d) that are 
     inconsistent with a finding under paragraph (1) or (2) of 
     subsection (b).
       ``(2) The Attorney General may institute proceedings in any 
     district court of the United States in the district in which 
     the defendant resides or is found or has an agent and that 
     court shall order such injunctive, and other relief, as may 
     be appropriate if--
       ``(A) the Attorney General makes a finding that a proposed 
     merger or acquisition covered by an application under 
     subsection (d) does not meet the condition specified in 
     subsection (b)(1); or
       ``(B) The Federal Communications Commission makes a finding 
     that 1 or more of the parties to the proposed merger or 
     acquisition do not meet the requirements specified in 
     subsection (b)(2).''.

     SEC. 4 PRESERVATION OF EXISTING AUTHORITIES.

       (1) In General.--Nothing in this Act or the amendment made 
     by section 3(2) shall be construed to modify, impair, or 
     supersede the applicability of the antitrust laws, or any 
     authority of the Federal Communication Commission under the 
     Communication Act of 1934 (47 U.S.C. 151 et. seq.), with 
     respect to mergers, acquisitions, and affiliations of large 
     local exchange carriers.
       (b) Antitrust Laws Defined.--In this section, the term 
     ``antitrust laws'' has the meaning given that term in the 
     first section of the Clayton Act (15 U.S.C. 12).

     SEC 5. APPLICABILITY

       This Act and the amendment made by section 3(2) shall apply 
     to a merger or acquisition of a controlling interest of a 
     large local telephone company (as that term is defined in 
     section 27 of the Clayton Act, as added by such section 
     3(2)), occurring on or after the date of the enactment of 
     this Act.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Frist, Mr. Abraham, Ms. Snowe, 
        Mr. Jeffords, and Mr. Coverdell):
  S. 1123. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
improve the safety of imported food, and for other purposes; to the 
Committee on Agriculture, Nutrition, and Forestry.


                  Imported Food Safety Improvement Act

 Ms. COLLINS. Mr. President, food safety is a serious and 
growing public health concern. According to the General Accounting 
Office (GAO), as many as 81 million cases of foodborne illness and 
9,000 related deaths occur in the U.S. every year. Most at risk are the 
very old, the very young, and the very ill. While these statistics 
refer to all cases of foodborne illness, recent outbreaks demonstrate 
that tainted imported foods have increased the incidence of illness and 
have exposed American consumers to new pathogens.
  The volume of imported foods continues to grow, yet our current food 
import system is riddled with holes which allow unsafe food to 
penetrate our borders. Contaminated food imports have caused illnesses 
rarely seen in the United States and can be extremely difficult, if not 
impossible, for consumers to detect.
  I first became interested in this issue when I learned that fruit 
from Mexico and Guatemala was associated with three multi-state 
outbreaks of foodborne illesses--one of hepatitis A and two of 
Cyclospora infection--that sickened thousands of Americans. These 
outbreaks included victims in my home State of Maine.
  In my State's grocery stores, as in any typical American grocery 
store, the fresh fruit and vegetables that are available during the 
winter months come from many other countries. In many ways, imported 
food is a blessing for American consumers. Fruit and vegetables that 
would normally be unavailable in our local grocery stores during the 
winter months are now available all year long, making it easier and 
more enjoyable to eat the five servings of fruit and vegetables a day 
the National Cancer Institute recommends. But, it's only a blessing if 
the food is safe. Even one serving of tainted food can cause sickness 
and even death.
  The Food and Drug Administration (FDA) reports that the increasing 
importation of produce is a trend that is expected to continue. In 
1996, the U.S. imported $7.2 billion worth of fruit and vegetables from 
at least 90 different countries, a dramatic increase from the 1990 
level of $4.8 billion. Total food imports have increased from 1.1 
million shipments in 1992 to 2.7 million in 1997. And, of all the fish 
and shellfish consumed in the U.S., more than half is imported.
  Yet, the FDA annually inspects less than 2 percent of the 2.7 million 
shipments of food that arrive in the U.S. And of the small number of 
shipments that are inspected, only about a third are tested for some of 
the most significant pathogens. What's more, even when the FDA does 
catch contaminated food, the system often fails to dispose of it 
adequately. Indeed, according to one survey conducted by the Customs 
Service in 1997, as many as 70 percent of the imported food shipments 
the FDA ordered re-exported or destroyed may have ended up in U.S. 
commerce any way. Unscrupulous food importers can easily circumvent the 
inspection system.
  Mr. President, to respond to these problems, I am introducing the 
Imported Food Safety Improvement Act, with Senator Frist, Senator 
Abraham, Senator Coverdell, Senator Jeffords, and Senator Snowe as 
original cosponsors.
  Our legislation is an effort designed to strengthen the existing food 
import system to help ensure that unsafe food does not enter the United 
States. Our goal is to reduce the incidence of foodborne illnesses and 
to ensure that American families can enjoy a variety of foods year-
round without the risk of illness when they sit down to the dinner 
table.

[[Page S5964]]

  This legislation is the product of an extensive investigation by the 
Permanent Subcommittee on Investigations, which I chair. During the 
105th Congress, the Subcommittee undertook a 16-month, in-depth 
investigation into the safety of food imports. During five days of 
Subcommittee hearings, we heard testimony from 29 witnesses, including 
scientists, industry and consumer representatives, government 
officials, the General Accounting Office, and two persons with first-
hand knowledge of the seamier side of the imported food industry, a 
convicted Customs broker and a convicted former FDA inspector. As a 
result of the compelling testimony that we heard, I have worked with my 
colleagues in drafting the legislation we introduce today--the Imported 
Food Safety Improvement Act--to address a broad array of problems 
uncovered during the Subcommittee's investigation.
  My Subcommittee's investigation has revealed much about the food we 
import into this country and the government's flawed food safety net. 
Let me briefly recount some of our findings which make it clear why 
this legislation is so urgently needed:
  In the worlds of the GAO, ``federal efforts to ensure the safety of 
imported food are inconsistent and unreliable.'' Federal agencies have 
not effectively targeted their resources on imported foods posing the 
greatest risks;
  Weaknesses in FDA import controls, specifically the ability of 
importers to control the food shipments from the port to the point of 
distribution, makes the system vulnerable to fraud and deception;
  The bonds required to be posted by importers who violate food safety 
laws are so low that they are considered by some unscrupulous importers 
at the cost of doing business;
  Maintaining the food safety net for imported food is an increasingly 
complex task, made more complicated by previously unknown foodborne 
pathogens, like Cyclospora, that are difficult to detect;
  Because some imported food can be contaminated by organisms that 
cannot be detected by visual inspection or laboratory tests, placing 
additional federal inspectors at ports-of-entry alone will not protect 
Americans from unsafe food imports; and
  Since contamination of imported food can occur at many different 
places from the farm to the table, the ability to trace-back outbreaks 
of foodborne illnesses to the source of contamination is a complex 
process that requires a more coordinated effort among the federal, 
state, and local agencies as well as improved education for health care 
providers so that they can better recognize and treat foodborne 
illnesses.
  The testimony that I heard during my Subcommittee's hearings was 
troubling. The United States Customs Service told us of one 
particularly egregious situation that I would like to share. It 
involves contaminated fish and illustrates the challenges facing 
federal regulators who are charged with ensuring the safety of our 
nation's food supply.
  In 1996, federal inspectors along our border with Mexico opened a 
shipment of seafood destined for sales to restaurants in Los Angeles. 
The shipment was dangerously tainted with life-threatening 
contaminants, including botulism, Salmonella, and just plain filth. 
Much to the surprise of the inspectors, this shipment of frozen fish 
had been inspected before by federal authorities. Alarmingly, in fact, 
it had arrived at our border two years before, and had been rejected by 
the FDA as unfit for consumption. Its importers then held this rotten 
shipment for two years before attempting to bring it into the country 
again, by a different route.
  The inspectors only narrowly prevented this poisoned fish from 
reaching American plates. And what happened to the importer who tried 
to sell this deadly food to American consumers? In effect, nothing. He 
was placed on probation and asked to perform 50 hours of community 
service.
  I suppose we should be thankful that the perpetrators were caught and 
held responsible. After all, the unsafe food might have escaped 
detection and reached our tables. But it worries me that the importer 
essentially received a slap on the wrist. I believe that forfeiting the 
small amount of money currently required for the Custom's bond, which 
importers now consider no more than a ``cost of doing business,'' does 
little to deter unscrupulous importers from trying to slip tainted fish 
that is two years old past overworked Customs agents.
  All too often, unscrupulous importers are never discovered. The 
General Accounting Office testified about a special operation known as 
Operation Bad Apple, conducted by Customs at the Port of San Francisco 
in 1997, identified 23 weaknesses in the controls over FDA-regulated 
imported food. For example, under current law, importers retain custody 
of their shipments from the time they arrive at the border. The 
importers must also put up a bond and agree to ``redeliver'' the 
shipment to Customs, for reexport or destruction, if ordered to do so 
or forfeit the bond. However, Operation Bad Apple revealed a very 
disturbing fact. Of the shipments found to violate U.S. standards, 
thereby requiring redelivery to Customs for destruction or re-export, a 
full 40 percent were never returned. The Customs Service believes an 
additional 30 percent of shipments that the FDA required to be returned 
contained good products that the importers had substituted for the 
original bad products. Customs further believes that the violative 
products were on their way to the marketplace. This means that a total 
of 70  percent of products ordered returned, because they were unsafe, 
presumably entered into U.S. commerce.

  Weak import controls make our system all too easy to circumvent. 
After all, FDA only physically inspects about 17 of every 1,000 food 
shipments and, of the food inspected, only about a third is actually 
tested. That is why we have worked with the FDA, the Customs Service, 
and the Centers for Disease Control (CDC) to ensure that our 
legislation addresses many of the issues explored over the course of 
the Subcommittee's investigation and hearings. Let me describe what 
this bill is designed to accomplish.
  Our legislation will fill the existing gaps in the food import system 
and provide the FDA with certain stronger authority to protect American 
consumers against tainted food imports. First and foremost, this bill 
gives the FDA the authority to stop such food from entering our 
country. This authority allows the FDA to deny the entry of imported 
food that has caused repeated outbreaks of foodborne illnesses, 
presents a reasonable probability of causing serious adverse health 
consequences, and is likely without systemic changes to cause disease 
again.
  Second, this legislation includes the authority for the FDA to 
require secure storage of shipments offered by repeat offenders prior 
to their release into commerce, to prohibit the practice of ``port-
shopping,'' and to mark boxes containing violative foods as ``U.S.--
Refused Entry.'' This latter authority, which would allow the FDA to 
clearly mark boxes containing contaminated foods, is currently used 
with success by the U.S. Department of Agriculture, and has been 
requested specifically by the FDA. Our bill also will require the 
destruction of certain imported foods that cannot be adequately 
reconditioned to ensure safety. Third, the legislation directs the FDA 
to develop criteria for use by private laboratories used to collect and 
analyze samples of food offered for import. This will ensure the 
integrity of the testing process.
  Fourth, the bill will give ``teeth'' to the current food import 
system by establishing two strong deterrents--the threats of high bonds 
and of debarment--for unscrupulous importers who repeatedly violate 
U.S. law. No longer will the industry's ``bad actors'' be able to 
profit from endangering the health of American consumers.
  Finally, our bill will authorize the CDC to award grants to state and 
local public health agencies to strengthen the public health 
infrastructure by updating essential items such as laboratory and 
electronic-reporting equipment. Grants will also be available for 
universities to develop new and improved tests to detect pathogens and 
for professional schools and professional societies to develop programs 
to increase the awareness of foodborne illness among healthcare 
providers and the public.
  We believe the measures provided for in this legislation will help to 
curtail

[[Page S5965]]

the risks that unsafe food imports currently pose to our citizens, 
particularly our elderly, our children and our sick. I appreciate the 
advice and input we have received from scientists, industry and 
consumer groups, and the FDA, the CDC and the U.S. Customs Service in 
drafting this legislation.
  We are truly fortunate that the American food supply is one of the 
safest in the world. But, our system for safeguarding our people from 
tainted food imports is flawed and poses needless risks of serious 
foodborne illnesses. I believe it is the responsibility of Congress to 
provide our federal agencies with the direction, authority, and 
resources necessary to keep unsafe food out of the United States and 
off American dinner tables.
                                 ______
                                 
      By Mr. SMITH of New Hampshire (for himself, Mr. Frist, Mr. Bond, 
        Ms. Landrieu, Mr. Robb, Mr. Hagel, Mr. Breaux, Mr. Torricelli, 
        Mr. Helms, Mr. Inhofe, Mr. Durbin, and Mr. Edwards).
  S.J. Res. S. 25. A joint resolution expressing the sense of Congress 
with respect to the court-marital conviction of the late Rear Admiral 
Charles Butler McVay III, and calling upon the President to award a 
Presidential Unit Citation to the final crew of the U.S.S. 
Indianapolis; to the Committee on Armed Services.
  Mr. SMITH of New Hampshire. Mr. President, I rise today to share with 
my colleagues a brief story from the closing days of World War II, the 
war in the Pacific.
  It is a harrowing story, with many elements. Bad timing, bad weather. 
Heroism and fortitude. Negligence and shame. Bad luck. Above all, it is 
the story of some very special men whose will to survive shines like a 
beacon decades later.
  I should point out that it is because of the efforts of a 13 year old 
boy in Florida that I introduce this bill today. Hunter Scott, working 
for nearly two years on what started as a history project, compiled a 
mountain of clippings, letters, and interviews that ultimately led 
Congressman Joe Scarborough to introduce this bill in the House, and 
for me to do so in the Senate. Hunter, on behalf of the survivors of 
the U.S.S. Indianapolis, the family of Captain McVay, and your country, 
I thank you for your courageous efforts.
  Mr. President, we have the opportunity to redeem the reputation of a 
wronged man, and salute the indomitable will of a courageous crew. I 
had the distinct honor and priviledge of hosting two distinguished 
members of that courageous crew just this morning; Richard Paroubek, of 
Williamsburg, VA, who was a Yeoman 1st Class, and Woodie James of Salt 
Lake City, UT, who was a Coxswain. The bill I introduce today will 
honor these two men, and their fellow shipmates of the U.S.S. 
Indianapolis, and redeem their Captain, Charles McVay.
  A 1920 graduate of the U.S. Naval Academy, Charles Butler McVay III 
was a career naval officer with an exemplary record, including 
participation in the landings in North Africa and award of the Silver 
Star for courage under fire earned during the Soloman Islands campaign. 
Before taking command of the Indianapolis in November 1944, Captain 
McVay was chairman of the Joint Intelligence Committee of the Combined 
Chiefs of Staff in Washington, the Allies' highest intelligence unit.
  Captain McVay led the ship through the invasion of Iwo Jima, then the 
bombardment of Okinawa in the spring of 1945 during which Indianapolis' 
antiaircraft guns shot down seven enemy planes before the ship was 
severely damaged. McVay returned the ship safely to Mare Island in 
California for repairs.
  In 1945, the Indianapolis delivered the world's first operational 
atomic bomb to the island of Tinian, which would later be dropped on 
Hiroshima by the Enola Gay on August 6. After delivering its fateful 
cargo, the Indianapolis then reported to the naval station at Guam for 
further orders. She was ordered to join the battleship U.S.S. Idaho in 
the Philippines to prepare for the invasion of Japan.
  It was at Guam that the series of events ultimately leading to the 
sinking of the Indianapolis began to unfold. Hostilities in this part 
of the Pacific had long since ceased. The Japanese surface fleet was no 
longer considered a likely threat, and attention instead had turned 
1,000 miles to the north where preparations were underway for the 
invasion of the Japanese mainland. These conditions led to a relaxed 
state of alert on the part of those who decided to send the 
Indianapolis across the Philippine Sea unescorted, and consequently, 
Captain McVay's orders to ``zigzag at his discretion.'' Zigzagging is a 
naval maneuver used to avoid torpedo attack, generally considered most 
effective once the torpedoes have been launched.

  The Indianapolis, unescorted, departed Guam for the Philippines on 
July 28. Just after midnight on 30 July 1945, midway between Guam and 
the Leyte Gulf, she was hit by two torpedoes fired by the ``I-58,'' a 
Japanese submarine. The first blew away the bow, the second struck near 
mid-ship on the starboard side adjacent to a fuel tank and a powder 
magazine. The resulting explosion split the ship in two.
  Of the 1,196 men aboard, about 900 escaped the sinking ship and made 
it into the water in the twelve minutes before she sank. Few life rafts 
were released. Shark attacks began at sunrise on the first day, and 
continued until the men were physically removed from the water, almost 
five days later.
  Shortly after 11:00 A.M. of the fourth day, the survivors were 
accidentally discovered by an American bomber on routine antisubmarine 
patrol. A patrolling seaplane was dispatched to lend assistance and 
report. En route to the scene the pilot overflew the destroyer U.S.S. 
Cecil Doyle ( DD-368), and alerted her captain to the emergency. The 
captain of the Doyle, on his own authority, decided to divert to the 
scene.
  Arriving hours ahead of the Doyle, the seaplane's crew began dropping 
rubber rafts and supplies. While doing so, they observed men being 
attacked by sharks. Disregarding standing orders not to land at sea, 
the plane landed and began taxiing to pick up the stragglers and lone 
swimmers who were at greatest risk of shark attack.
  As darkness fell, the crew of the seaplane waited for help to arrive, 
all the while continuing to seek out and pull nearly dead men from the 
water. When the plane's fuselage was full, survivors were tied to the 
wing with parachute cord. The plane's crew rescued 56 men that day.
  The Cecil Doyle was the first vessel on the scene, and began taking 
survivors aboard. Disregarding the safety of his own vessel, the 
Doyle's captain pointed his largest searchlight into the night sky to 
serve as a beacon for other rescue vessels. This beacon was the first 
indication to the survivors that their prayers had been answered. Help 
had at last arrived.
  Of the 900 who made it into the water only 317 remained alive. After 
almost five days of constant shark attacks, starvation, terrible 
thirst, and suffering from exposure and their wounds, the men of the 
Indianapolis were at last rescued from the sea.
  Curiously, the Navy withheld the news of the sunken ship from the 
American people for two weeks, until the day the Japanese surrendered 
on August 15, 1945, thus insuring minimum press coverage for the story 
of the Indianapolis' loss.
  Also suspicious, conceding that they were ``starting the proceedings 
without having available all the necessary data,'' less than two weeks 
after the sinking of the Indianapolis, before the sinking of the ship 
had even been announced to the public, the Navy opened an official 
board of inquiry to investigate Captain McVay and his actions. The 
board recommended a general court-martial for McVay.
  Admiral Nimitz, Commander in Chief of Pacific Command, did not 
agree--he wrote the Navy's Judge Advocate General that at worst McVay 
was guilty of an error in judgment, but not gross negligence worthy of 
court-martial. Nimitz recommended a letter of reprimand.
  Overriding both Nimitz and Admiral Raymond Spruance who commanded the 
Fifth Fleet, Secretary of the Navy James Forrestal and Admiral Ernest 
King, Chief of Naval Operations, directed that court-martial 
proceedings against Captain McVay proceed.
  Captain McVay was notified of the pending court-martial, but not told 
what specific charges would be brought against him. The reason was 
simple. The Navy had not yet decided what to

[[Page S5966]]

charge him with. Four days before the trial began they did decide on 
two charges: the first, failing to issue orders to abandon ship in a 
timely fashion; and the second, hazarding his vessel by failing to 
zigzag during good visibility.
  It's difficult to understand why the Navy brought the first charge 
against McVay. Explosions from the torpedo attacks had knocked out the 
ship's communications system, making it impossible to give an abandon 
ship order to the crew except by word of mouth, which McVay had done. 
He was ultimately found not guilty on this count.
  That left the second charge of failing to zigzag. Perhaps the most 
egregious aspect however, was in the phrasing of the charge itself. The 
phrase was ``during good visibility.'' According to all accounts of the 
survivors, including written accounts only recently declassified and 
not made available to McVay's defense at the trial, the visibility that 
night was severely limited with heavy cloud cover. This is pertinent 
for two reasons. First, no Navy directives in force at that time or 
since recommended, much less ordered, zigzagging at night in poor 
visibility. Secondly, as Admiral Nimitz pointed out, the rule requiring 
zigzagging would not have applied in any event, since McVay's orders 
gave him discretion on that matter and thus took precedence over all 
other orders. Thus, when he stopped zigzagging, he was simply 
exercising his command authority in accordance with Navy directives. 
Unbelievably, this point was never made by McVay's defense counsel 
during the subsequent court-martial.
  Captain McVay was ultimately found guilty on the charge of failing to 
zigzag, and was discharged from the Navy with a ruined career. In 1946, 
at the specific request of Admiral Nimitz who had become Chief of Naval 
Operations, Secretary Forrestal, in a partial admission of injustice, 
remitted McVay's sentence and restored him to duty. But, Captain 
McVay's court-martial, and personal culpability for the sinking of 
the Indianapolis continued to stain his Navy records. The stigma of his 
conviction remained with him always, and he ultimately took his own 
life in 1968. To this day Captain McVay is recorded in history as 
negligent in the deaths of 870 sailors.

  We need to restore the reputation of this honorable officer. In the 
decades since World War II, the crew of the Indianapolis has worked 
tirelessly in defending their Captain, and trying to ensure that his 
memory is properly honored. It is at the specific request of the 
survivors of the U.S.S. Indianapolis that I introduce this resolution.
  Since McVay's court-martial, a number of factors, including once 
classified documents not made available to McVay's defense, have 
surfaced raising significant questions about the justice of the 
conviction.
  Although naval authorities at Guam knew that on July 24, four days 
before the Indianapolis departed for Leyte, the destroyer escort U.S.S. 
Underhill had been sunk by a Japanese submarine within range of the 
Indianapolis' path, McVay was not told.
  Although a code-breaking system called ULTRA had alerted naval 
intelligence that a Japanese submarine (the I-58, which ultimately sank 
the Indianapolis) was operating in his path, McVay was not told. 
Classified as top secret until the early 1990s, this intelligence--and 
the fact it was withheld from McVay before he sailed from Guam--was 
suppressed during his court-martial.
  Although the routing officer at Guam was aware of the ULTRA 
intelligence report, he said a destroyer escort for the Indianapolis 
was ``not necessary'' and, unbelievably, testified at McVay's court-
martial that the risk of submarine attack along the Indianapolis' route 
``was very slight''.
  Although McVay was told of ``submarine sightings'' along his path, he 
was told none had been confirmed. Such sightings were commonplace 
throughout the war and were generally ignored by Navy commanders unless 
confirmed. Thus, the Indianapolis set sail for Leyte on July 26, 1945, 
sent into harm's way with its captain unaware of dangers which shore-
based naval personnel know were in his path.
  The U.S.S. Indianapolis was not equipped with submarine detection 
equipment, and therefore Captain McVay requested a destroyer escort. 
Although no capital ship without submarine detection devices had sailed 
between Guam and the Philippines without a destroyer escort throughout 
all of World War II, McVay's request for such an escort was denied.
  The Navy failed to notice when the ship did not show up in port in 
the Philippines. U.S. authorities intercepted a message from the I-58 
to its headquarters in Japan informing them that it had sunk the U.S.S. 
Indianapolis. This message was ignored and the Navy did not initiate a 
search. The Indianapolis transmitted three distress calls before it 
sank, and one was received at the naval base in the Philippines. Again, 
no search was initiated and no effort was made to locate any survivors. 
It was not until four days after the ship had sunk, when a bomber 
inadvertently spotted sailors being eaten by sharks in the water below, 
that a search party was dispatched.

  Although 700 navy ships were lost in combat in World War II, McVay 
was the only captain to be court-martialed as the result of a sunken 
ship.
  Captain McVay was denied both his first choice of defense counsel and 
a delay to develop his defense. His counsel, a line officer with no 
trial experience, had only four days to prepare his case.
  Incredibly, the Navy brought Mochitura Hashimoto, the commander of 
the Japanese I-58 submarine that sunk the Indianapolis to testify at 
the court-martial. Hashimoto testified that just after midnight the 
clouds cleared long enough to see and fire upon the Indianapolis. He 
also implied in pretrial statements that zigzagging would not have 
saved the Indianapolis because of his clear view, but this point was 
not raised by McVay's defense during the trial itself.
  Another witness in the trial, veteran Navy submariner Glynn Donaho, a 
four-time Navy Cross winner was asked by McVay's defense counsel 
whether ``it would have been more or less difficult for you to attain 
the proper firing position'' if the Indianapolis had been zigzagging 
under the conditions which existed that night. His answer was, ``No, 
not as long as I could see the target.'' This testimony was either 
deliberately ignored by, or passed over the heads of, the court-martial 
board, and it was not pursued further by McVay's defense.
  Many of the survivors of the Indianapolis believe that a decision to 
convict McVay was made before his court-martial began. They are 
convinced McVay was made a scapegoat to hide the mistakes of others. 
McVay was court-martialed and convicted of ``hazarding his ship by 
failing to zigzag'' despite overwhelming evidence that the Navy itself 
had placed the ship in harm's way, despite testimony from the Japanese 
submarine commander that zigzagging would have made no difference, 
despite the fact that although 700 Navy ships were lost in combat in 
World War II McVay was the only captain to be court-martialed, and 
despite the fact the Navy did not notice when the Indianapolis failed 
to arrive on schedule, thus costing hundreds of lives unnecessarily and 
creating the greatest sea disaster in the history of the United States 
Navy.
  The resolution I am introducing corrects a 54 year old injustice, 
restores the honorable name of a decorated Navy combat veteran, and 
honors the wishes of his loyal and faithful crew. It will also honor 
the crew of the Indianapolis for their courage in surviving this awful 
tragedy.
  I urge my colleagues to support this resolution and I am proud to 
offer it on behalf of Captain McVay and the wonderful and honorable men 
of the U.S.S. Indianapolis, two of whom are sitting with us in the 
gallery today, Mr. President.
  Mr. DURBIN. Will the Senator yield for a question?
  Mr. SMITH of New Hampshire. I will certainly yield to the Senator 
from Illinois.
  Mr. DURBIN. I would like to first commend the Senator from New 
Hampshire. I was visited in my office by a gentleman named Michael 
Kuryla, Jr., of Poplar Grove, IL, one of the survivors of the U.S.S. 
Indianapolis. He recounted to me in detail what happened when that ship 
went down. As he talked about being in the ocean for days, not knowing 
whether they would be rescued, watching his shipmates who were 
literally dying around him

[[Page S5967]]

and being devoured by sharks, wondering if they would ever be rescued, 
tears came to his eyes. More than 50 years after, tears came to his 
eyes. He said it wasn't fair, what they did to Captain McVay; to court-
martial him was wrong. He asked me for my help, if I would join the 
Senator from New Hampshire on this resolution, and I am happy to do so.
  I think justice cries out that we agree to this resolution; that 
Captain McVay, who was singled out, out of all the captains of the 
fleet, to be court-martialed under these circumstances is just unfair. 
The men who served under him, those whose lives were under his care and 
those who survived this worst sea disaster in U.S. naval history--they 
have come forward. They have asked us to make sure that history 
properly records the contribution Captain McVay made to his country.
  I am happy to join in this resolution. I hope other Members of the 
Senate, hearing this debate and reading this resolution, will cosponsor 
it as well and that we can close the right way this chapter in American 
naval history.
  Mr. SMITH of New Hampshire. I thank the Senator from Illinois.
  I ask unanimous consent that the roster of the final crew of the 
U.S.S. Indianapolis be printed in the Record.
  There being no objection, the list was ordered to be printed in the 
Record, as follows:

         The Final Crew of the U.S.S. ``Indianapolis'' (CA-35)


                           Crew and Officers

       ABBOTT, George S., S1. ACOSTA, Charles M., MM3. ADAMS, Leo 
     H., S1*. ADAMS, Pat L., S2. ADORANTE, Dante W, S2. AKINES, 
     William R., S2*. ALBRIGHT, Charles E., Jr., Cox. ALLARD, 
     Vincent J., QM3*. ALLEN, Paul F., S1. ALLMARAS, Harold D., 
     F2. ALTSCHULER, Allan H., S2*. ALVEY, Edward W., Jr., AerM2. 
     AMICK, Homer I., S2. ANDERSEN, Lawrence J., SK2. ANDERSON, 
     Erick T., S2*. ANDERSON, Leonard O., MM3. ANDERSON, Sam G., 
     S2. ANDERSON, Vincent U., BMI. ANDERSON, Richard L., F2. 
     ANDREWS, William R., S2*. ANNIS, James B. Jr., CEMA. ANTHONY, 
     Harold R., PHM3. ANTONIE, Charles J., F2. ANUNTI, John M., 
     M2*. ARMENTA, Lorenzo, SC2. ARMISTEAD, John H., S2*. ARNOLD, 
     Carl L., AMM3. ASHFORD, Chester W., WT2. ASHFORD, John T. 
     Jr., RT3*. ATKINSON, J.P., COX. AULL, Joseph H., S2. AULT, 
     William F., S2*. AYOTT'E, Lester J., S2. BACKUS, Thomas H., 
     LT. (jg). BAKER, Daniel A., S2. BAKER, Frederick H., S2. 
     BAKER, William M. Jr., EM1. BALDRIDGE, Clovis R. EM2*. BALL, 
     Emmet E., S2. BALLARD, Courtney J., SSM3. BARENTHIN, Leonard 
     W. S2. BARKER, Robert C. Jr., RT1. BARKSDALE, Thomas L., FC3. 
     BARNES, Paul C., F2. BARNES, Willard M., MM1. BARRA, Raymond 
     J., CGMA. BARRETT, James B., S2. BARRY, Charles., LT. (jg). 
     BARTO, Lloyd P., S1*. BARTON, George S., Y3. BATEMAN, Bernard 
     B., F2*. BATENHORST, Wilfred J., MM3. BATSON, Eugene C., S2. 
     BATTEN, Robert E., S1. BATTS, Edward D., STM1. BEANE, James 
     A., F2*. BEATY, Donald L., S1*. BECKER, Myron M., WT2. 
     BEDDINGTON, Charles E., S1. BEDSTED, Leo A., F1. BEISTER, 
     Richard J., WT3. BELCHER, James R., S1*. BELL, Maurice G., 
     S1*. BENNETT, Dean R., HA1. BENNETT, Ernest F., B3. BENNETT, 
     Toney W., ST3. BENNING, Harry, S1. BENTON, Clarence U., 
     CFCP*. BERNACIL, Concepcion P. FC3*. BERRY, Joseph, Jr., 
     STM1. BERRY, William H., ST3. BEUKEMA, Kenneth J., S2. 
     BEUSCHLEIN, Joseph C., S2. BIDDISON, Charles L., S1.
       BILLINGS, Robert B., ENS. BILLINOSLEY, Robert F., GM3*. 
     BILZ, Robert E., S2. BISHOP, Arthur, Jr., S2. BITONTI, Louis 
     P., S1*. BLACKWELL, Fermon M. SSML3. BLANTHORN, Bryan, S1*. 
     BLUM, Donald J., ENS. BOEGE, Raymond R., S2. BOGAN, Jack R., 
     RM1. BOLLINGER, Richard H., S1. BOOTH, Sherman C., S1*. 
     BORTON, Herheit E., SC2. BOSS, Norbert G., S2. BOTT, Wilbur 
     M., S2. BOWLES, Eldridge W. S1. BOWMAN, Charles E., CTC. 
     BOYD, Troy H., GM3. BRADLEY, William H., S2. BRAKE, John Jr., 
     S2. BRANDT, Russell L., F2*. BRAUN, Neal F., S2. BRAY, Harold 
     J. Jr., S2*. BRICE, R.V., S2. BRIDGE, Wayne A., S2. BRIGHT, 
     Chester L., S2. BRILEY, Harold V., MAM3. BROOKS, Ulysess R., 
     CWTA. BROPHY, Thomas D'Arcy Jr., ENS. BROWN, Edward A., WT3. 
     BROWN, Edward J., S1*. BRUCE, Russell W., S2. BRULE, Maurice 
     J., S2. BRUNDIGE, Robert H., S1*. BRUNEAU, Charles A., GM3. 
     BUCKETT, Victor R., Y2*. BUDISH, David, S2. BULLARD, John K., 
     S1*. BUNAI, Robert P., SM1*. BUNN, Horace G., S2. BURDORF, 
     Wilbert J., COX*. BURKHARTSMEIER, Anton T., S1. BURKHOLTZ, 
     Frank Jr., EM3.
       BURLESON, Martin L., S1. BURRS, John W., S1. BURT, William 
     George A., QM3. BURTON, Curtis H., S1*. BUSHONG, John R., 
     GM3. CADWALLADER, John J., RT3. CAIN, Alfred B., RT3. CAIRO, 
     William G., BUG1. CALL, James E., RM3. CAMERON, John W, GM2. 
     CAMP, Garrison, STM2. CAMPANA, Paul, RDM3. CAMPBELL, Hamer E. 
     Jr., GM3*. CAMPBELL, Louis D., AOM3*. CAMPBELL, Wayland D., 
     SF3. CANDALINO, Paul L., LT.(jg). CANTRELL, Billy G., F2. 
     CARNELL, Lois W., S2. CARPENTER, Willard A., SM3. CARR, Harry 
     L., S2. CARROLL, Gregory K., S1. CARROLL, Rachel W., COX. 
     CARSON, Clifford, F1. CARSTENSEN, Richard, S2. CARTER, Grover 
     C., S1*. CARTER, Lindsey L., S2*. CARTER, Lloyd G., COX*. 
     CARVER, Grover C., S1*. CASSIDY, John C., S1*. CASTALDO, 
     Patrick P., GM2. CASTIAUX, Ray V., S2. CASTO, William H., S1. 
     CAVIL, Robert R., MM2. CAVITT, Clinton C., WT3. CELAYA, 
     Adolfo V., F2*. CENTAZZO, Frank J., SM3*. CHAMNESS, John D., 
     S2*. CHANDLER, Lloyd N., S2. CHART, Joseph, EM3. CHRISTIAN, 
     Lewis E. Jr., WO. CLARK, Eugene, CK3. CLARK, Orsen N., S2*. 
     CLEMENTS, Harold P., S2. CLINTON, George W., S1*. CLINTON, 
     Leland J., LT. (jg). COBB, William L., MOMM3. COLE, Walter 
     H., CRMA. COLEMAN, Cedric F., LCFR. COLEMAN, Robert E., F2*. 
     COLLIER, Charles R., RM2*. COLLINS, James, STM1. COLVIN, 
     Frankie L., SSMT2. CONDON, Barna T., RDM1. CONNELLY, David 
     F., ENS. CONRAD, James P., EM3. CONSER, Donald L., SC2. 
     CONSIGLIO, Joseph W., FC2. CONWAY, Thomas M., Rev., LT. COOK, 
     Floyd E., SF3. COOPER, Dale, Jr., F2. COPELAND, Willard J., 
     S2. COSTNER, Homer J., COX*. COUNTRYMAN, Robert E., S2. 
     COWEN, Donald R., FC3*. COX, Alford E., GM3. COX, Loel Dene, 
     S2*. CRABB, Donald C., RM2. CRANE, Granville S. Jr., MM2*. 
     CREWS, Hugh C., LT. (jg). CRITES, Orval D., WT1. CROUCH, 
     Edwin M., CAPT. (Passenger). CRUM, Charles J., S2. CRUZ, Jose 
     S., CCKA. CURTIS, Erwin E., CTCP. DAGENBART, Charles R. Jr., 
     PHM2. DALE, Elwood R., F1. DANIEL, Harold W., CBMA*. 
     DANIELLO, Anthony G., S1. DAVIS, James C. RM3. DAVIS, Kenneth 
     G., F1. DAVIS, Stanley G., LT. (jg). DAVIS, Thomas E., SM2. 
     DAY, Richard R. Jr., S2. DEAN, John T. Jr., S2. DeBERNARDI, 
     Louie, BMI*.
       DeFOOR, Walton, RDM3. DeMARS, Edgar J., CBMA. DeMENT, Dayle 
     P., S1. DENNY, Lloyd, Jr., S2. DEWING, Ralph O., FC3*. 
     DIMOND, John N., S2. DIZELSKE, William B., MM2*. DOLLINS, 
     Paul, RM2. DONALD, Lyle H., EM1. DONEY, William Junior, F2. 
     DONNER, Clarence W., RT3*. DORMAN, William B., S1. DORNETTO, 
     Frank P, WT1. DOSS, James M., S2. DOUCETTE, Ronald O., S2. 
     DOUGLAS, Gene D., F2*. DOVE, Bassil R., SKD2. DOWDY, Lowell 
     S., CWO. DRANE, James A., GM2. DRAYTON, William H., EM2*. 
     DRISCOLL, David L., LT. (jg). DRONET, Joseph E.J., S2*. 
     DRUMMOND, James J., F2. DRURY, Richard E., S2. DRYDEN, 
     William H., MM1*. DUFRAINE, Delbert E., S1. DUNBAR, Jess L., 
     F2. DURAND, Ralph J., Jr., S2. DYCUS, Donald, S2. EAKINS, 
     Morris B., F2. EAMES, Paul H. Jr., ENS. EASTMAN, Chester S., 
     S2. ECK, Harold A., S2*. EDDINGER, John W, S1. EDDY, Richard 
     L., RM3. EDWARDS, Alwyn C., F2. EDWARDS, Roland J., BM1. 
     E'GOLF, Harold W., S2. ELLIOTT, Kenneth A., S1. ELLIOTT, 
     Harry W., S2. EMERY, William F., S1*. EMSLEY, William J., S1. 
     ENGELSMAN, Ralph, S2*. EPPERSON, Ewell, S2*.
       EPPERSON, George L., S1. ERICKSON, Theodore M., S2*. ERNST, 
     Robert C., F2. ERWIN, Louis H., COX*. ETHIER, Eugene E., 
     EM3*. EUBANKS, James H., S1. EVANS, Arthur J., PHM2. EVANS, 
     Claudus, GM3*. EVERETT, Charles N., EM2. EVERS, Lawrence L., 
     CMMA. EYET, Donald A., S1. FANTASIA, Frank A., F2. FARBER, 
     Sheldon L., S2. FARLEY, James W., S1. FARMER, Archie C., 
     Cox*. FARRIS, Eugene F., S1*. FAST HORSE, Vincent, S2. 
     FEAKES, Fred A., AOMI*. FEDORSKI, Nicholas W., S1*. FEENEY, 
     Paul R., S2. FELTS, Donald J., BMI*. FERGUSON, Albert E., 
     CMMA*. FERGUSON, Russel M., RT3. FIGGINS, Harley D., WT2. 
     FIRESTONE, Kenneth F., FC2. FIRMIN, John A. H., S2. FITTING, 
     Johnny W., GM1*. FLATEN, Harold J., WT2*. FELISCHAUER, Donald 
     W., S1. FLESHMAN, Vern L., S2. FLYNN, James M., Jr., S1. 
     FLYNN, Joseph A., CDR. FOELL, Cecil D., ENS. FORTIN, Verlin 
     L., WT3*. FOSTER, Verne E., F2*. FOX, William H. Jr., F2*. 
     FRANCOIS, Norbert E., F1*. FRANK, Rudolph A., S2. FRANKLIN, 
     Jack R., RDM3. FREEZE, Howard B., LT. (jg). FRENCH, Douglas 
     O., FC3. FRENCH, Jimmy Junior, QM3. FRITZ, Leonard A., MM3.
       FRONTINO, Vincent F., MOMM3. FRORATH, Donald H., S2. FUCHS, 
     Herman F., CWO. FULLER, Arnold A., F2. FULTON, William C., 
     CRMA. FUNKHOUSER, Rober M., ART2*. GABRILLO, Juan, S2*. 
     GAITHER, Forest M., FC2. GALANTE, Angelo., S2*. GALBRAITH, 
     Norman S., MM2*. GARDNER, Roscoe W., F2*. GARDNER, Russel T., 
     F2. GARNER, Glenn R., MM2. GAUSE, Robert P., QM1*. GAUSE, 
     Rubin C., Jr., ENS. GEMZA, Rudolph A., FC3*. GEORGE, Gabriel 
     V., MM3*. GERNGROSS, Frederick J., Jr., ENS. GETTLEMAN, 
     Robert A., S2*. GIBSON, Buck W., GM3*. GIBSON, Curtis W., S2. 
     GIBSON, Ganola F., MM3. GILBERT, Warner, Jr. S1. GILCREASE, 
     James, S2*. GILL, Paul E., WT2. GILMORE, Wilbur A., S2. 
     GISMONDI, Michael V., S1. GLADD, Millard, Jr., MM2*. GLAUB, 
     Francis A., GM2. GLENN, Jay R., AMM3*. GLOVKA, Erwin S., S2. 
     GODFREY, Marlo R., RM3. GOECKEL, Ernest S., LT. (jg). GOFF, 
     Thomas G., SF3*. GOLDEN, Curry., STM1. GOLDEN, James L., S1. 
     GONZALES, Ray A., S2. GOOCH, William L., F2*. GOOD, Robert 
     K., MM3. GOODWIN, Oliver A., CRTA. GORE, Leonard F., S2. 
     GORECKI, Joseph W., SK3. GOTTMAN, Paul J., S2.
       GOVE, Carroll L., S2. GRAY, Willis L., S1*. GREATHOUSE, Bud 
     R., S1. GREEN, Robert U., S2.
       GREEN, Tolbert, Jr., S1*. GREENE, Samuel G., S1. GREENLEE, 
     Charles I., S2*.

[[Page S5968]]

     GREER, Bob E., S2. GREGORY, Garland G., F1. GREIF, Matthias 
     D., WT3. GRIES, Richard C., F2. GRIEST, Frank D., GM3. 
     GRIFFIN, Jackie D., S1. GRIFFITH, Robert S., S1*. GRIFFITHS, 
     Leonard S., S2. GRIGGS, Donald R., F1. GRIMES, David E., S2. 
     GRIMES, James F., S2. GROCE, Floyd V., RDM2. GROCH, John T., 
     MM3. GUENTHER, Morgan E., EM3. GUERRERO, John G., S1. 
     GUILLOT, Murphy U., F1. GUYE, Ralph L., Jr., QM3. GUYON, 
     Harold L., F1. HABERMAN, Bernard, S2. HADUCH, John M., S1. 
     HALE, Robert B., LT. HALE, William F., S2. HALL, Pressie, F1. 
     HALLORAN, Edward G., MM3. HAM, Saul A., S1. HAMBO, William 
     P., PHM3. HAMMEN, Robert, PHOM3. HAMRICK, James J., S2. 
     HANCOCK, William A., GM3. HANKINSON, Clarence W., F2. HANSEN, 
     Henry, S2. HANSON, Harley C., WO.* HARLAND, George A., S2. 
     HARP, Charlie H., S1. HARPER, Vasco, STM1. HARRIS, James D., 
     F2. HARRIS, Willard E., F2.
       HARRISON, Cecil M., CWO.*. HARRISON, Frederick E., S2. 
     HARRISON, James M., S1. HART, Fred Jr., RT2*. HARTRICK, 
     Willis B., MM1. HATFIELD, Willie N., S2*. HAUBRICH, Cloud D., 
     S2. HAUSER, Jack I., SK2. HAVENER, Harlan C., F2*. HAVINS, 
     Otha A., Y3*. HAYES, Charles D., LCDR. HAYLES, Fleix, CK3. 
     HAYNES, Lewis L., MC., LCDR.*. HANYES, Robert A., LT. HAYNES, 
     William A., S1. HEERDT, Raymound E., F2. HEGGIE, William A., 
     RDM3. HEINZ, Richard A., HA1. HELLER, John, S2*. HELLER, 
     Robert J. Jr., S2. HELSCHER, Ralph J., S1. HELT, Jack E., F2. 
     HENDERSON, Ralph L., S1. HENDRON, James R. Jr., F2. HENRY, 
     Earl O., DC, LCDR. HENSCH, Erwin F., LT.*. HENLSEY, Clifford, 
     SSMB2. HERBERT, Jack E., BM1. HERNDON, Duane, S2. 
     HERSHBERGER, Clarence L., S1*. HERSTINE, James F., ENS. 
     HICKEY, Harry T., RM3. HICKS, Clarence, S1. HIEBERT, Lloyd 
     H., GM1. HILL, Clarence M., CWTP. HILL, Joe W., STM1. HIll, 
     Nelson P. Jr., LT. HILL, Richard N., ENS. HIND, Lyle L., S2*. 
     HINES, Lionel G., WT1. HINKEN, John R., Jr., F2*. HOBBS, 
     Melvin D., S1. HODGE, Howard H., RM2.
       HODGINS, Lester B., S2. HODSHIRE, John W., S2. HOERES, 
     George J., S2. HOLDEN, Punciano A., ST1. HOLLINGSWORTH, 
     Jimmie L., STM2. HOLLOWAY, Andrew J., S2. HOLLOWAY, Ralph H., 
     COX. HOODERWERF, John Jr., F1. HOOPES, Gordon H., S2*. 
     HOPPER, Prentice W., S1. HOPPER, Roy L., AMM1. HORNER, 
     Durward R., WO.*. HORR, Wesley A., F2. HORRIGAN, John G., F1. 
     HORVATH, George J., F1*. HOSKINS, William O., Y3*. HOUCK, 
     Richard E., EM3*. HOUSTON, Robert G., F1. HOUSTON, William 
     H., PHM2. HOV, Donald A., S1. HOWISON, John D., ENS.*. 
     HUBELI, Joseph F., S2*. HUEBNER, Harry J. S1. HUGHES, 
     Lawrence E., F2. HUGHES, Robert A., FC3. HUGHES, William E., 
     SSML2. HUMPHREY, Maynard L., S2. HUNTER, Arthur R. Jr., QM1. 
     HUNTLEY, Virgil C., CWO. HUPKA, Clarence E., BKR1*. HURLEY, 
     Woodrow, GM2*. HURST, Robert H., LT. HURT, James E., S2. 
     HUTCHISON, Merle B., S2. IGOU, Floyd, Jr., RM2. IZOR, Walter 
     E., F1. JACKSON, Henry, STML. JACQUEMOT, Joseph A., S2*. 
     JADLOSKI, George K., S2. JAKUBISIN, Joseph S., S2. JAMES, 
     Woodie E., COX*. JANNEY, Johns Hopkins, CDR. JARVIS, James 
     K., AM3*.
       JEFFERS, Wallace M., COX. JENNEY, Charles I., LT. JENSEN, 
     Chris A., S2. JENSEN, Eugene W., S2*. JEWELL, Floyd R., SK1. 
     JOHNSON, Bernard J., S2. JOHNSON, Elwood W., S2. JOHNSON, 
     George G., S2. JOHNSON, Harold B., S1. JOHNSON, Sidney B., 
     S1. JOHNSON, Walter M. Jr., S1. JOHNSON, William A., S1*. 
     JOHNSTON, Earl R., BM2. JOHNSTON, Lewis E., S1. JOHNSTON, Ray 
     F., MM1. JOHNSTON, Scott A., F2. JONES, Clinton L., COX*. 
     JONES, George E., S2. JONES, Jim, S2. JONES, Kenneth M., F1 
     MoMM. JONES, Sidney, S1*. JONES, Stanley F., S2. JORDAN, 
     Henry, STM2. JORDON, Thomas H., S2. JOSEY, Clifford O., S2. 
     JUMP, David A., ENS. JURGENSMEYER, Alfred J., S2. JURKIEWICZ, 
     Raymond S., S1*. JUSTICE, Robert E., S2*. KARPEL, Dan L., 
     BM1. KARTER, Leo C. Jr., S2. KASTEN, Stanley O., HA1. KAWA, 
     Raymond P., SK3. KAY, Gust C., S1*. KAZMIERSKI, Walter, S1*. 
     KEENEY, Robert A., ENS. KEES, Shalous E., EM2*. KEITH, 
     Everette E., EM2. KELLY, Albert R., S2. KEMP, David P. Jr., 
     SC3*. KENLY, Oliver W., RdM3*. KENNEDY, Andrew J. Jr., S2. 
     KENNEDY, Robert A., S1. KENNY, Francis J.P., S2.
       KEPHART, Paul, S1. KERBY, Deo E., S1*. KERN, Harry G., S1. 
     KEY, S.T., EM2. KEYES, Edward H., COX*. KIGHT, Audy C., S1. 
     KILGORE, Archie C., F2. KILLMAN, Robert E., GM3. KINARD, 
     Nolan D., S1. KINCAID, Joseph E., FC2. KING, A.C., S1*. KING, 
     Clarence Jr., STM2. KING, James T., S1. KING, Richard E., S2. 
     KING, Robert H., S2. KINNAMAN, Robert L., S2. KINZLE, Raymond 
     A., BKR2*. KIRBY, Harry, S1. KIRK, James R., SC3. KIRKLAND, 
     Marvin F., S1*. KIRKMAN, Walter W., SF1. KISELICA, Joseph F., 
     AMM2*. KITTOE, James W., F2*. KLAPPA, Ralph D., S2*. KLAUS, 
     Joseph F., S1*. KLEIN, Raymond J., S1. KLEIN, Theil J., SK3. 
     KNERNSCHIELD, Andrew N., S1. KNOLL, Paul E., COX. KNOTT, 
     Elbern L., S1. KNUDTSON, Raymond A., S1. KNUPKE, Richard R., 
     MM3. KOCH, Edward C., EM3*. KOEGLER, Albert, S1. KOEGLER, 
     William, 5C3. KOLAKOWSKI, Ceslaus, SM3. KOLLINGER, Robert E., 
     S1. KONESNY, John M., S1. KOOPMAN, Walter F., F2. KOPPANG, 
     Raymond I., LT (jg). KOUSKI, Fred, GM3. KOVALICK, George R., 
     S2. KOZIARA, George, S2*.
       KOZIK, Raymond., S1. KRAWYVZ, Henry J., MM3. KREIS, 
     Clifford E., S1*. KRON, Herman E. Jr., GM3. KRONENBERGER, Wm. 
     M., GM3. KRUEGER, Dale F., F2*. KRUEGER, Norman F., S2*. 
     KRUSE, Darwin G., S2. KRZYZEWSKI, John M., S2. KUHN, Clair 
     J., S1. KULOVITZ, Raymond J., S2. KURLICH, George R., FC3*. 
     KURYLA, Michael N. Jr., COX*. KUSIAK, Alfred M., S2. 
     KWIATKOWSKI, Marion J., S2. LABUDA, Arthur A., QM3. 
     LaFONTAINE, Paul S., S1. LAKATOS, Emil J., MM3. LAKE, Murl 
     C., S1. LAMB, Robert D., EM3. LAMBERT, Leonard F., S1. 
     LANDON, William W. Jr., FC2. LANE, Ralph, CMMA*. LANTER, 
     Kenley M., S1*. LaPAGLIA, Carlos, GM2*. LaPARL, Lawrence E. 
     Jr., S2. LAPCZYNSKI, Edward W., S1. LARSEN, Melvin R., S2. 
     LATIGUE, Jackson, STM1. LATIMER, Billy F., S1. LATZER, 
     Solomon, S2. LAUGHLIN, Fain H., SK3. LAWS George E., S1*. 
     LEATHERS, Williams B., MM3. LeBARON, Robert W., S2. LeBOW, 
     Cleatus A., FC03*. LEENERMAN, Arthur L., RDM3*. LELUIKA, Paul 
     P., S2. LESTINA, Francis J., S1. LETIZIA, Vincencio, S2. 
     LETZ, Willbert J., SK1. LeVALLEY, William D., EM2. LEVENTON, 
     Mevin C., MM2. LeVIEUX, John J., F2. LEWELLEN, Thomas E., S2. 
     LEWIS, James R., F2. LEWIS, John R., GM3. LINDEN, Charles G., 
     WT2. LINDSAY, Norman L., SF3. LINK, George C., S1. LINN, Roy, 
     S1. LINVILLE, Cecil H., SF2. LINVILLE, Harry J., S1. LIPPERT, 
     Robert G., S1. LIPSKI, Stanley W., CDR. LITTLE, Frank E., 
     MM2. LIVERMORE, Raymond I., S2. LOCH, Edwin P, S1. LOCKWOOD, 
     Thomas H., S2*. LOEFFLER, Paul E. Jr., S2. LOFTIS, James B. 
     Jr., S1*. LOFTUS, Ralph D., F2. LOHR, Leo W., S1. LOMBARDI, 
     Ralph, S1. LONG, Joseph W., S1. LONGWELL, Donald J., S1. 
     LOPEZ, Daniel B., F2*. LOPEZ, Sam, S1*. LORENC, Edward R., 
     S2. LOYD, John F., WT2. LUCAS, Robert A., S2. LUCCA, Frank 
     J., F2*. LUHMAN, Emerson D., MM3. LUNDGREN, Albert D., S1. 
     Luttrull, Claud A., COX. LUTZ, Charles H., S1. MAAS, Melvin 
     A., S1*. MABEE, Kenneth C., F2. MACE, Harold A., S2*. 
     MacFARLAND, Keith I., LT (jg). MACHADO, Clarence J., WT2. 
     MACK, Donald F., Bugler 1*. MADAY, Anthony F., AMM1*. 
     MADIGAN, Harry F, BM2. MAGDICS, Steve Jr., F2. MAGRAY, Dwain 
     F., S. MAKAROFF, Chester J., GM3*.
       MAKOWSKI, Robert T., CWTA. MALDONADO, Salvador, BKR3*. 
     MALENA, Joseph J. Jr., GM2*. MALONE, Cecil E., S2. MALONE, 
     Elvin C., S1. MALONE, Michael L. Jr., LT (jg). MALSKI, Joseph 
     J., S1*. MANESS, Charles F., F2. MANKIN, Howard J., GM3. 
     MANN, Clifford E., S1. MANSKER, LaVoice, S2. MANTZ, Keith H., 
     S1. MARCIULAITIS, Charles, S1. MARKMANN, Frederick H., WT1. 
     MARPLE, Paul T., ENS. MARSHALL, John L., WT2. MARSHALL, 
     Robert W., S2. MARTIN, Albert, S2. MARTIN, Everett G., S1. 
     MASSIER, George A., S1. MASTRECOLA, Michael M., S2. MATHESON, 
     Richard R., PHM3. MATRULLA, John, S1. MAUNTEL, Paul J., S2. 
     MAXWELL, Farrell J., S1*. McBRIDE, Ronald G. S1. McBRYDE, 
     Frank E., S2. McCALL, Donald C., S2*. McCLAIN, Raymond B., 
     BM2*. McCLARY, Lester E., S2. McCLURE, David L., EM2. McCOMB, 
     Everett A., F1. McCORD, Edward Franklin Jr., EM3. McCORKLE, 
     Ray R., S1. McCORMICK, Earl W., MOMM2. McCOSKEY, Paul F., S1. 
     McCOY, John S., Jr., M2. McCRORY, Millard V. Jr., WT2*. 
     McDANIEL, Johnny A., S1. McDONALD, Franklin G. Jr., F2. 
     McDONNER, David P. Jr., F1. McDOWELL, Robert E., S1. McELROY, 
     Clarence E., S1*.
       McFALL, Walter E., S2*. McFEE, Carl S., Sd. McGINNIS, Paul 
     W., SM3*. McGINTY, John M., S1. McGUIGGAN, Robert M., S1*. 
     McGUIRE, Denis, S2. McGUIRK, Philip A., LT (jg). McHENRY, 
     Loren C. Jr., S1*. McHONE, Ollie, F1. McKEE, George E. Jr., 
     S1. McKENNA, Michael J., S1. McKENZIE, Ernest E., S1*. 
     McKINNON, Francis M., Y3. McKISSICK, Charles B., LT (jg)*. 
     McKLIN, Henry T., S1*. McLAIN, Patrick J., S2*. McLEAN, 
     Douglas B., EM3. McNABB, Thomas, Jr., F2. McNICKLE, Arthur 
     S., F1. McQUITTY, Roy E., COX. McVAY, Charles Butler, III, 
     CAPT.*. McVAY, Richard C., Y3*. MEADE, Sidney H., S1. 
     MEHLBAUM, Raymond A., S1. MEIER, Harold E., S2. MELICHAR, 
     Charles H., EM3. MELVIN, Carl L., F1. MENCHEFF, Manual A., 
     S2. MEREDITH, Charles E., S1*. MERGLER, Charles M., RDM2. 
     MESTAS, Nestor A., WT2*. METCALF, David W., GM3. MEYER, 
     Charles T., S2*. MICHAEL, Bertrand F., BKR3. MICHAEL, Elmer 
     O., S1. MICHNO, Arthur R., S2. MIKESKA, Willie W., S2. 
     MIKOLAYEK, Joseph, COX*. MILBRODT, Glen L. S2*. MILES, 
     Theodore K., LT. MILLER, Artie R., GM2. MILLER, George E., 
     F1. MILLER, Glenn E., S2. MILLER, Samuel George Jr., FC3.
       MILLER, Walter R., S2. MILLER, Walter W., B1. MILLER, 
     Wilbur H., CMM. MILLS, William H., EM3. MINER, Herbert J. II, 
     RT2*. MINOR, Richard L., S1. MINOR, Robert W., S2. MIRES, 
     Carl E., S2. MIRICH, Wally M., S1. MISKOWIEC, Theodore F., 
     S1. MITCHELL, James E., S2*. MITCHELL, James H. Jr., SK1. 
     MITCHELL, Kenneth E., S1*. MITCHELL, Norval Jerry Jr., S1*. 
     MITCHELL, Paul B., FC3. MICHELL, Winston C., S1. MITTLER, 
     Peter John Jr., GM3. MIXON, Malcom L., GM2. MLADY, Clarence 
     C., S1*. MODESITT, Carl E., S2*. MODISHER, Melvin W., MC, LTQ 
     (jg)*. MONCRIEF, Mack D., S2. MONKS, Robert B., GM3. MONTOYA, 
     Frank E., S1. MOORE, Donald G., S2. MOORE, Elbert, S2. MOORE, 
     Harley E., S1. MOORE, Kyle C., LCDR. MOORE, Wyatt P., BKR1. 
     MORAN, Joseph J., RM1*. MORGAN, Eugene S., BM2*. MORGAN, 
     Glenn G., BGM3*. MORGAN, Lewis E.,

[[Page S5969]]

     S2. MORGAN, Telford F., ENS. MORRIS, Albert O., S1*. MORSE, 
     Kendall H., LT (jg). MORTON, Charles W., S2. MORTON, Marion 
     E., SK2. MOSELEY, Morgan M., SC1*. MOULTON, Charles C., S2. 
     MOWREY, Ted E., SK3*. MOYNELO, Harold C. Jr., ENS. MROSZAK, 
     Frank A., S2.
       MULDOON, John J., MM1*. MULVEY, William R., BM1*. MURILLO, 
     Sammy, S2. MURPHY, Allen, S2. MURPHY, Paul J., FC3*. MUSARRA, 
     Joseph, S1. MYERS, Charles Lee Jr., S2. MYERS, Glen A., MM2. 
     MYERS, H.B., F1*. NABERS, Neal A., S2. NASPINI, Joseph A., 
     F2*. NEAL, Charles K., S2. NEAL, George M., S2. NEALE, Harlan 
     B., S2. NELSEN, Edward J., GM1*. NELSON, Frank H., S2*. NEU, 
     Hugh H., S2. NEUBAUER, Richard, S2. NEUMAN, Jerome C., F1. 
     NEVILLE, Bobby G., S2. NEWCOMER, Lewis W., MM3. NEWELL, James 
     T., EM1. NEWHALL, James F., S1*. NICHOLS, James C., S2*. 
     NICHOLS, Joseph L., BM2. NICHOLS, Paul V., MM3. NIELSEN, Carl 
     Aage Chor Jr., F1. NIETO, Baltazar P, GM3. NIGHTINGALE, 
     William O., MM1*. NISKANEN, John H., F2. NIXON, Daniel M., 
     S2*. NORBERG, James A., CBMP*. NORMAN, Theodore R., GM2. 
     NOWAK, George J., F2. NUGENT, William G., S2. NUNLEY, James 
     P, F1. NUNLEY, Troy A., S2*. NUTT, Raymond A., S2. NUTTALL, 
     Alexander C., S1*. OBLEDO, Mike G., S1*. O'BRIEN, Arthur J., 
     S2. O'CALLAGHAN, Del R., WT2. OCHOA, Ernest, FC3.
       O'DONNELL, James E., WT3*. OLDERON, Bernhard G., S1. 
     OLIJAR, John, S1*. O'NEIL, Eugene E., S1. ORR, Homer L., HAI. 
     ORR, John Irwin, Jr., LT. ORSBURN, Frank H., SSML2*. ORTIZ, 
     Orlando R., Y3. OSBURN, Charles W., S2. OTT, Theodore G., Y1. 
     OUTLAND, Felton J., S1*. OVERMAN, Thurman D., S2*. OWEN, 
     Keith N., SC3*. OWENS, Robert Sheldon, Jr., QM3. OWENSBY, 
     Clifford C., F2. PACE, Curtis, S2*. PACHECO, Jose C., S2*. 
     PAGITT, Eldon E., F2. PAIT, Robert E., BM2. PALMITER, Adelore 
     A., S2*. PANE, Francis W., S2. PARHAM, Fred, ST2. PARK, David 
     E., ENS. PAROUBEK, Richard A., Y1*. PASKET, Lyle M., S2*. 
     PATTERSON, Alfred T., S2. PATTERSON, Kenneth G., S1. PATZER, 
     Herman L., EM1. PAULK, Luther D., S2*. PAYNE, Edward G., S2*. 
     PAYNE, George D., S2. PENA, Santos A., S1*. PENDER, Welburn 
     M., F2. PEREZ, Basilio, S2*. PERKINS, Edward C., F2*. PERRY, 
     Robert J., S2. PESSOLANO, Michael R., LT. PETERS, Earl J., 
     S2. PETERSON, Avery C., S2*. PETERSON, DARREL E., S1. 
     PETERSON, Frederick A., MAM3. PETERSON, Glenn H., S1. 
     PETERSON, Ralph R., S2. PETRINCIC, John Nicholas, Jr., FC3. 
     PEYTON, Robert C., STM1. PHILLIPS, Aulton N. Sr., F2. 
     PHILLIPS, Huie H., S2*. PIERCE, Clyde A., CWTA. PIERCE, 
     Robert W., S2. PIPERATA, Alfred J., MM1. PITMAN, Robert F., 
     S2. PITTMAN, Almire, Jr., ST3. PLEISS, Roger D., F2. PODISH, 
     Paul, S2*. PODSCHUN, Clifford A., S2*. POGUE, Herman C., S2*. 
     POHL, Theodore, F2. POKRYFKA, Donald M., S2. POOR, Gerald M., 
     S2*. POORE, Albert F., S2. POTRYKUS, Frank P., F2. POTTS, 
     Dale F., S2*. POWELL, Howard W., F1. POWERS, R. C. Ottis, S2. 
     Poynter, Raymond L., S2. PRAAY, William T., S2. PRATHER, 
     Clarence J., CMMA. PRATT, George R., F1. PRICE, James D., 
     S1*. PRIESTLE, Ralph A., S2. PRIOR, Walter M., S2. PUCKETT, 
     William C., S2. PUPUIS, John A., S1. PURCEL, Franklin W., S2. 
     PURSEL, Forest V., WT2. PYRON, Freddie H., S1. QUEALY, 
     William C. Jr., PR2*. RABB, John R., SC1. RAGSDALE, Jean O., 
     S1. RAHN, Alvin W., SK3. RAINES, Clifford Junior, S2. RAINS, 
     Rufus B., S1. RAMIREZ, Ricardo, S1*. RAMSEYER, Raymond C., 
     RT3. RANDOLPH, Clco, STM1. RATHBONE, Wilson, S2*. RATHMAN, 
     Frank Junior, S1.
       RAWDON, John H., EM3*. REALING, Lyle O., FC2. REDMAYNE, 
     Richard B., LT.*. REED, Thomas W., EM3. REEMTS, Alvan T., S1. 
     REESE, Jesse E., S2. REEVES, Chester O. B., S1*. REEVES, 
     Robert A., F2. REGALADO, Robert H., S1. REHNER, Herbert A., 
     S1*. REID, Curtis F., S2*. REID, James E., BM2*. REID, John, 
     LCDR*. REID, Tommy L., RDM38*. REILLY, James F., Y1. REINERT, 
     Leroy, F1. REMONDET, Edward J. Jr., S2. REYNOLDS, Alford, 
     GM28*. REYNOLDS, Andrew E., S1. REYNOLDS, Carleton C., F1. 
     RHEA, Clifford, F2. RHODES, Vernon L., F1. RHOTEN, Roy E., 
     F2. RICE, Albert, STM1. RICH, Garland L., S1. RICHARDSON, 
     John R., S2. RICHARDSON, Joseph G., S2. RIDER, Francis A., 
     RDM3. RILEY, Junior Thomas, BM2. RINEAY, Francis Henry, Jr., 
     S28*. ROBERTS, Benjamin E., WT1. ROBERTS, Norman H., MM1*. 
     ROBERTS, Charles, S1. ROBISON, Gerald E., RT3. ROBISON, John 
     D., COX*. ROBISON, Marzie J., S2. ROCHE, Joseph M., LT. 
     ROCKENBACH, Earl A., SC2. ROESBERRY, Jack R., S1. ROGELL, 
     Henry T., F1. ROGERS, Ralph G., RDM3*. ROGERS, Ross, Jr., 
     ENS*. ROLAND, Jack A., PHM1.
       ROLLINS, Willard E., RM3. ROMANI, Frank J., HAI. ROOF, 
     Charles W, S2. ROSE, Berson H., GM2. ROSS, Glen E., F2. 
     ROTHMAN, Aaron, RDM3. ROWDEN, Joseph G., F1. ROZZANO, John, 
     Jr., S2. RUDOMANSKI, Eugene W., RT2. RUE, William G., MM1. 
     RUSSELL, Robert A., S2. RUSSELL, Virgil M., COX*. RUST, Edwin 
     L., S1. RUTHERFORD, Robert A., RM2. RYDZESKI, Frank W., F1. 
     SAATHOFF, Don W., S2*. SAENZ, Jose A., SC3. SAIN, Albert F., 
     S1. SALINAS, Alfredo A., S1. SAMANO, Nuraldo, S2. SAMPSON, 
     Joseph R., S2. SAMS, Robert C., STM2. SANCHEZ, Alejandro V., 
     S2. SANCHEZ, Fernando S., SC3*. SAND, Cyrus H., BM1. SANDERS, 
     Everett R., MOMM1. SASSMAN, Gordon W., COX. SCANLAN, Osceola 
     C., S2*. SCARBROUGH, Fred R., COX. SCHAAP, Marion J., QM1. 
     SCHAEFER, Harry W., S2. SCHAFFER, Edward J., S1. SCHARTON, 
     Elmer D., S1. SCHECHTERLE, Harold J., RDM3*. SCHEIB, Albert 
     E., F2. SCHEWE, Alfred P., S1. SCHLATTER, Robert L., AOM3. 
     SCHLOTTER, James R., RDM3. SCHMUECK, John A., CPHMP*. 
     SCHNAPPAUF, Harold J., SK3. SCHOOLEY, Dillard A., COX. 
     SCHUMACHER, Arthur J., Jr., CEMA. SCOGGINS, Millard, SM2.
       SCOTT, Burl D., STM2. SCOTT, Curtis M., S1. SCOTT, 
     Hilliard, STM 1. SEABERT, Clarke W., S2*. SEBASTIAN, Clifford 
     H., RM2. SEDIVI, Alfred J., PHOM2. SELBACH, Walter H., WT2. 
     SELL, Ernest F., EM2. SELLERS, Leonard E., SF3. SELMAN, Amos, 
     S2. SETCHFIELD, Arthur L., COX*. SEWELL, Loris E., S2. 
     SHAFFER, Robert P., GM3*. SHAND, Kenneth W., WT2. SHARP, 
     William H., S2*. SHAW, Calvin P., GM2. SHEARER, Harold J., 
     S2*. SHELTON, William E. Jr., SM2. SHIELDS, Cecil N., SM2. 
     SHIPMAN, Robert L., GM3. SHOWN, Donald H., CFC*. SHOWS, Audie 
     B., COX*. SIKES, Theodore A., ENS. SILCOX, Burnice R., S1. 
     SILVA, Phillip G., S1. SIMCOX, Gordon, W., EM3. SIMCOX, John 
     A., F1. SIMPSON, William E., BM2,*. SIMS, Clarence, CK2. 
     SINCLAIR, J. Ray, S2*. SINGERMAN, David, SM2. SIPES, John L., 
     S1. SITEK, Henry J., S2*. SITZLAR, William C., F1. SLADEK, 
     Wayne L, BM1*. SLANKARD, Jack C., S1*. SMALLEY, Howard E., 
     S1. SMELTZER, Charles H., S2*. SMERAGLIA, Michael, RM3. 
     SMITH, Carl M., SM2. SMITH, Charles A., S1. SMITH, Cozell 
     Lee, Jr., COX*. SMITH, Edwin L., S2. SMITH, Eugene G., BM2.
       SMITH, Frederick C., F2*. SMITH, George R., S1. SMITH, Guy 
     N., FC2. SMITH, Henry A., F1. SMITH, Homer L., F2. SMITH, 
     James W., S2*. SMITH, Kenneth D., S2. SMITH, Olen E., CM3. 
     SNYDER, John N., SF2. SNYDER, Richard R., S1. SOLOMON, 
     William, Jr., S2. SORDIA, Ralph, S2. SOSPIZIO, Andre, EM3*. 
     SPARKS, Charles B., COX. SPEER, Lowell E., RT3. SPENCER, 
     Daniel F., S1*. SPENCER, James D., LT. SPENCER, Roger, S1*. 
     SPECNER, Sidney A., WO. SPINDLE, Orval A., S1. SPINELLI, John 
     A., SC2*. SPOMER, Elmer 3., SF2. St. PIERRE, Leslie R., MM2. 
     STADLER, Robert H., WT3. STAMM, Florian M., S2*. STANFORTH, 
     David E., F2. STANKOWSKI, Archie J., S2. STANTURF, Frederick 
     R., MM2. STEIGERWALD, Fred, GM2. STEPHENS, Richard P., S2*. 
     STEVENS, George G., WT2*. STEVENS, Wayne A., MM2. STEWART, 
     Glenn W., CFCP*. STEWART, Thomas A., SK2. STICKLEY, Charles 
     B. GM3. STIER, William G., S1. STIMSON, David, ENS. STONE, 
     Dale E., S2. STONE, Homer B., Y1. STOUT, Kenneth I., LCDR. 
     STRAIN, Joseph M., S2. STREICH, Allen C., RM2*. STICKLAND, 
     George T., S2.
       STRIETER, Robert C., S2. STRIPE, William S., S2. STROM, 
     Donald A., S2. STROMKO, Joseph A., F2. STRYFFELER, Virgil L., 
     F2. STUECKLE, Robert L., S2. STURTEVANT, Elwyn L., RM2*. 
     SUDANO, Angelo A., SSML3. SUHR, Jerome R., S2. SULLIVAN, 
     James P., S2. SULLIVAN, William D., PTR2. SUTER, Frnak E., 
     S1*. SWANSON, Robert H., MM2. SWART, Robert L., LT (jg). 
     SWINDELL, Jerome H., F2. TAGGART, Thomas H., S1. TALLEY, 
     Dewell E., RM2. TAWATER, Charles H., F1*. TEERLINK, David S., 
     CWO. TELFORD, Arno J., RT3. TERRY, Robert W., S1. THELEN, 
     Richard P., S2*. THIELSCHER, Robert T., CRTP. THOMAS, Ivan 
     M., S1*. THOMPSON, David A., EM3*. THORPE, Everett N., WT3. 
     THURKETTLE, William C., S2*. TIDWELL, James F., S2. 
     TISTHAMMER, Bernard E., CGMA. TOCE, Nicolo, S2. TODD, Harold 
     O., CM3. TORRETTA, John Mickey, F1*. TOSH, Bill H., RDM3. 
     TRIEMER, Ernst A., ENS. TROTTER, Arthur C., RM2. TRUDEAU, 
     Edmond A., LT. TRUE, Roger O., S2. TRUITT, Robert E., RM2. 
     TRYON, Frederick B., BUG2. TULL, James A., S1. TURNER, 
     Charles M., S2*. TURNER, William C., MM2. TURNER, William H., 
     Jr., ACMMA. TWIBLE, Harlan M., ENS.*.
       ULIBARRI, Antonio D., S2. ULLMANN, Paul E., LT (jg). 
     UMENHOFFER, Lyle E., S1*. UNDERWOOD, Carey L., S1. UNDERWOOD, 
     Ralph E., S1*. VAN METER, Joseph W., WT3*. WAKEFIELD, James 
     N., S1. WALKER, A.W., STM1. WALKER, Jack E., RM2. WALKER, 
     Verner B., F2*. WALLACE, Earl J., RDM3. WALLACE, John, RDM3. 
     WALTERS, Donald H., F1. WARREN, William R., RT3. WATERS, Jack 
     L., CYA. WATSON, Winston H., F2. WELLS, Charles O., S1*. 
     WELLS, Gerald Lloyd, EM3. WENNERHOLM, Wayne L, COX. WENZEL, 
     Ray G., RT3. WHALEN, Stuart D., GM2. WHALLON, Louis E, Jr., 
     LT (jg). WHITE, Earl C., TC1. WHITE, Howard M., CWTP. 
     WHITING, George A., F2*. WHITMAN, Robert T., LT. WILCOX, 
     Lindsey Z., WT2* WILEMAN, Roy W., PHM3. WILLARD, Merrirnan 
     D., PHM2. WILLIAMS, Billie J., MM2. WILLIAMS, Magellan, STM1. 
     WILLIAMS, Robert L., WO. WILSON, Frank, F2. WILSON, Thomas 
     B., S1. WISNIEWSKI, Stanley, F2*. WITMER, Milton R., EM2. 
     WITZIG, Robert M., FC3*. WOJCIECHOWSKI, Maryian J., GM2. 
     WOLFE, Floyd R., GM3. WOODS, Leonard T., CWO. WOOLSTON, John, 
     ENS.*. YEAPLE, Jack T., Y3. ZINK, Charles W., EM2*. ZOBAL, 
     Francis J., S2.


                           Marine Detachment

       BRINKER, David A., PFC. BROWN, Orlo N., PFC. BUSH, John R., 
     PVT. CROMLING, Charles J., Jr., PLTSGT. DAVIS, William H., 
     PFC. DUPECK, Albert Jr., PFC. GREENWALD, Jacob, 1st SGT*. 
     GRIMM, Loren E., PFC. HANCOCK, Thomas A., PFC.

[[Page S5970]]

     HARRELL, Edgar A., CPL*. HOLLAND, John F. Jr., PFC. HUBBARD, 
     Gordon R., PFC. HUBBRD, Leland R., PFC. HUGHES, Max M., PFC*. 
     JACOB, Melvin C., PFC* KENWORTHY, Glenn W, CPL. KIRCHNER, 
     John H., PVT. LARSEN, Harlan D., PFC. LEES, Henry W., PFC. 
     MARTTILA, Howard W., PVT. McCOY, Giles G., PFC*. MESSENGER, 
     Leonard J., PFC. MUNSON, Bryan C., PFC. MURPHY, Charles T., 
     PFC. NEAL, William F., PFC. PARKE, Edward L., CAPT. REDD, 
     Robert F., PVT. REINOLD, George, H., PFC. RICH, Raymond A., 
     RIGGINS, Earl, PVT*. ROSE, Francis E., PFC. SPINO, Frank J., 
     PFC. SPOONER, Miles L., PVT*. STAUFFER, Edward H., 1st LT. 
     STRAUGHN, Howard V. Jr., CPL. THOMSEN, Arthur A., PFC. TRACY, 
     Richard I. Jr., SGT. UFFELMAN, Paul R. PFC*. WYCH, Robert A. 
     PFC.
     * Indicates a survivor.

                          ____________________