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BULLETIN
Thursday, 29 January 2004

>> CONVERSATIONS OF INTEREST...

BEYOND IC21?
http://www.moretothepoint.com/
Intelligence and Claims of Iraqi Weapons of Mass Destruction listen
Bush, Cheney, Rumsfeld and Powell all said Saddam Hussein had weapons of mass destruction. So did Bill Clinton and Tony Blair. France and Russia never denied it. David Kay, America's former top weapons inspector, once thought so too but has concluded that he and other intelligence experts "were all wrong" about what they were telling political leaders. Skeptics, both here and abroad, still suspect evidence was manipulated to justify war in Iraq. How could so many intelligence agencies have been so wrong about weapons of mass destruction? What was the intelligence based on? Were analysts stuck with out-dated assumptions? What kind of evidence should be required to justify pre-emptive war? We speak with journalists, former CIA intelligence officials, political scientists and the head of the Carnegie Institute's Non-Proliferation Project.


ON PAKISTAN...

FOGGY SPEAK...
http://www.theworld.org/latesteditions/20040129.shtml
Pakistan interview (4:00)
The US Department of Defense is planning a spring offensive in Afghanistan. The US military hopes to find Osama bin Ladin this year, but if he crosses into Pakistan, the hunt could get complicated. Pakistan said today it won't allow US forces on its territory. The World's Lisa Mullins speaks with Teresita Schaffer, Director of the South Asia Program at the Center for Strategic and International Studies.

...STREAMING BBC - DISAGGREGATE ENGLISH CLUSTERS?
10:00 PM 1/29/2004
http://www.bbc.co.uk/worldservice/index.shtml
http://www.bbc.co.uk/urdu/indepth/cluster/2004/01/040120_pak_nuclear_special.shtml

Posted by maximpost at 10:58 PM EST
Permalink

Diplomatic Dilemmas in Korea
by Kent E. Calder
http://www.sais-jhu.edu/pubaffairs/publications/saisphere/winter03/calder.html


For more than half a century, from the Korean War until the Pyongyang Summit of June 2000, the political profile of the Korean peninsula was frozen along the cease-fire line, where the heavy guns fell silent in the summer of 1953. With intense maneuvering among allies on both sides of the Demilitarized Zone (DMZ), North-South communication remained highly rhetorical and static for close to five decades. With few real prospects for peace or conciliation, diplomatic dilemmas were the least of the problems policymakers faced. Amid the myriad uncertainties of North Korean politics and political-military intent, the clear imperatives of containment and deterrence were manifest.

Matters began to blur and grow more volatile with the waning of the Cold War in Europe. The first catalyst for change was the collapse of the Soviet Union--one of North Korea's two chief protectors--at the end of 1991. This accelerated the downward spiral in North Korean economic performance by cutting off vital aid and trade, intensifying that Hermit Kingdom's paranoid isolation.

That isolation in turn accelerated efforts in the North to develop nuclear weapons. During this period Pyongyang appears to have diverted enough plutonium from its ostensibly civilian nuclear reactor at Yongbyon to fabricate a small number of nuclear devices. In early 1993 North Korea pulled out of the Nuclear Non-Proliferation Treaty, leading ultimately to the nuclear crisis of 1994.

Through the intervention of former President Jimmy Carter, the so-called Agreed Framework agreement was concluded between the United States and North Korea, with the timely support of South Korea and Japan. The framework ultimately provided for canning and thus neutralizing the roughly 8,000 nuclear fuel rods at the North Korean facility in Yongbyon, and the freezing of nuclear construction elsewhere in the country. North Korea made these concessions in return for U.S. provision of heavy oil supplies to the North; trilateral U.S., Japanese, and South Korean commitment to provision of a light-water, proliferation-resistant nuclear reactor to North Korea; and Pyongyang's agreement to conclusively verify its non-nuclear status by the time the reactor was completed.

Over the past decade the United States and its North Pacific allies, Japan and South Korea, have faced three underlying challenges in dealing with North Korea: (1) whether to provide the nuclear reactor and the heavy oil promised under the Agreed Framework in the expectation that the North would abandon nuclear-weapons development; (2) whether to take stronger measures to dissuade the North from further nuclear development, should violations become clear, even at the cost of possible escalation or retaliation by the North; and (3) how extensively to rely on longstanding adversaries in the region, particularly China, in achieving and verifying agreement. Diplomatic dilemmas of relying on military force as a tool of diplomacy have been heightened by both uncertainties regarding the location of possible North Korean nuclear devices and Pyongyang's strong retaliatory capabilities. North Korean forces reportedly have over 10,000 artillery pieces and short-range rockets, armed with conventional chemical and biological weapons, well within range of Seoul, South Korea's capital of over 12 million people. The northern suburbs of Seoul lie less than 20 miles south of the DMZ.

The diplomatic dilemmas of dealing with North Korea have been further compounded by the manifest lack of outside information about that Hermit Kingdom and its prospects. It is by no means clear how far Pyongyang's nuclear program has progressed, whether it would be prepared to barter the program away for economic advantage, or whether that program, and the country more generally, would be critically vulnerable to stiff economic sanctions if currently ongoing six-party talks on the North Korean nuclear program fail. Satellite surveillance, signals intelligence and ongoing contacts with the North provide a much more substantial assessment of its capabilities and intentions than was available a decade ago, yet the imponderable gaps--and the subjective differences in assessment--still remain.

Urgent Issues for the United States
From the American perspective, diplomatic dilemmas on the Korean peninsula fall into five major categories: (1) how to deal with Pyongyang against the backdrop of broader global security priorities; (2) how to manage the U.S.-South Korean political-military alliance relationship against the backdrop of rising domestic frustrations in Seoul; (3) how to enlist Chinese cooperation in the context of rising U.S. economic frictions and continuing security tensions with China; (4) how to cope with Japanese anxieties at the prospect of a nuclear North Korea, given Japan's manifest technical and economic ability to re-arm; and (5) how to assess and prepare for the complex regional transformations in Northeast Asia that are likely to accompany the unification of Korea--gradual or not--in coming years. Any one of these problems is daunting individually--both in its analytical scope and in the political requisites for its resolution. Taken together, the policy dilemmas surrounding the Korean peninsula represent one of America's foremost global foreign-policy challenges today.

The diplomatic dilemmas in Korea are especially challenging because their resolution cannot readily be postponed. North Korea's nuclear program is proceeding apace and economic change is occurring, regardless of whether policymakers act. Secretive outward migration from the brutal, economically comatose North is slowly increasing. If policymakers do not actively confront the deepening dilemmas at hand, new unpleasant realities will still generate themselves.

The dilemma for the United States in dealing bilaterally with Pyongyang is deep and fateful, especially in the nuclear area: whether to apply stiff global anti-proliferation standards--and contemplate military action should the North proceed with its nuclear program--or to accept, at least tacitly, new nuclear realities. The argument for the latter, pressed quietly by a South Korea seriously vulnerable to artillery attacks from the North, is the possibility that U.S. military action against North Korean nuclear facilities could trigger retaliation against Seoul; estimates of potential casualties, depending on the scale and timing of the attack, range up to a million people. North Korean nuclear capacity, however, could mean "dirty bombs" in the hands of terrorists or weaponized nuclear devices delivered against Japan by North Korean intermediate range ballistic missiles (IRBMs).

Dealing with North Korea can be maddeningly difficult. One former U.S. negotiator describes it as being like "having all your teeth pulled out at the same time--every day." Yet the argument for dealing with the North is persuasive. Over the decade since the Agreed Framework, for example, U.S. military capabilities fueled by the Information Revolution and the related Revolution in Military Affairs (RMA) have risen much faster than those of North Korea. This dynamic has shifted the military balance inexorably toward the United States and its allies, despite North Korean's manifest violation of the Agreed Framework. Provided that special vigilance is maintained at monitoring prospective North Korean ties with terrorists--and the United States makes clear that evidence of such collaboration will be severely punished--the United States needs to negotiate with the North, reserving preemptive military steps, other than embargoes and blockades, for all but the most extreme cases of clear North Korean cooperation with terrorism.

Managing U.S. relations with South Korea is also fraught with challenges. The United States is powerful and generally remote from any potential North Korean retaliation; Seoul is highly vulnerable. South Korea has built-in incentives to conciliate Pyongyang, and its inclinations to do so have in recent years been intensified by a strong wave of populism in South Korea. Accidents, crime, and environmental problems have alienated much of the South Korean public, especially younger people, from the U.S. military presence. And structural changes in Korean politics--particularly democratization and local government autonomy--have magnified these shifts in popular sentiment.

Eliminate the DMZ Tripwire?
Ironically, despite recent popular discontent regarding the U.S. military presence, one central current issue in recent U.S.-South Korean security relations has nevertheless been U.S. plans to scale back that presence, north of Seoul. The United States maintains that, by removing U.S. troops from vulnerable "tripwire" positions along the DMZ, such redeployment will strengthen deterrence of the North by making U.S. military power more credible. South Korea conversely fears an erosion of deterrence with elimination of the DMZ tripwire.

The best resolution of this tactical dilemma is an announcement of U.S. intention to redeploy, coupled with some postponement of implementation. Such an approach places maximum longer-term pressure on the North, without triggering North Korean fears of a preemptive U.S. strike. Fortunately, a variant of this approach seems to have been recently adopted as joint U.S.-South Korean policy.

Among the greatest dilemmas for U.S. policy is its approach toward China. As North Korea's sole neighbor across the Yalu River and as its major energy supplier, China has notable leverage on the North. Yet it also has strong stakes in avoiding chaos there. China has been slow to pressure North Korea on the nuclear question, although intermittent cuts in oil supply, high-level political visits and sponsorship of the Beijing six-party talks indicate Beijing's increasing seriousness in seeking a resolution. The United States should enlist China fully as a broker on North Korean issues, while also maintaining direct lines of at least informal "track 2" communications with Pyongyang.

Japan is a crucial background actor in the Korean crisis. Its promised aid to the North--effectively, reparations for the Korean sufferings of the 1910-45 colonial period--is the "carrot" in the current equation. Such aid depends on normalizing diplomatic relations, which Japan is making contingent on resolution of the nuclear issue. The issue is central to Japanese security because North Korean Nodong missiles, already operational, are capable of delivering chemical, biological and now possibly nuclear weapons against Japan.
Should North Korea clearly go nuclear, with a weaponized, deliverable nuclear capability, Tokyo would at a minimum likely introduce missile defense, possibly intensifying prospects for an intraregional arms race with China, despite Japan's long-standing "nuclear allergy" as the only wartime victim of nuclear armaments. Many security specialists see the unsettling implications for Japanese rearmament as being the most persuasive argument for preventing North Korea from obtaining nuclear weapons.

Managed astutely, the current crisis could provide the catalyst for resolving the fifth and last of the major dilemmas confronting American policy: funding the looming large-scale political-economic transformation of Northeast Asia. Should North Korea become a stable, productive member of the world community--following a resolution of the nuclear crisis that eliminates the prospect of North Korean nuclear weapons--the financial package that would and should follow could provide a huge stimulus to both regional and global growth. Turning swords--both nuclear and otherwise--into plowshares is profoundly in the interest of the United States, the nations of Northeast Asia and the broader world.

Kent E. Calder is the Edwin O. Reischauer Professor of East Asian Affairs, director of the Japan and Korean Studies Program and director of the Reischauer Center for East Asian Studies.



-------------------------------------
ANOTHER CAMBODIAN POLITICIAN KILLED
2004-01-27

A Cambodian opposition party politician from the royalist FUNCINPEC party has been shot dead in the latest in a series of killings of political figures, RFA's Khmer service reports. And opposition politician Sam Rainsy has published a list of five people including himself who he says will be the next targets for government-backed assassination.

Meach Youen, 40, who was a local election candidate for FUNCINPEC in 2002, was shot in the mouth with an AK-47 automatic assault rifle in the early hours of Jan. 25 as he lay asleep in his house.

FUNCINPEC issued a statement announcing his death and condemning the spate of recent murders in Cambodia of opposition activists, who recently united against the government of Prime Minister Hun Sen to form the Alliance of Democrats.

"These murderous acts are the result of the relevant authority that is incompetent, unable to guarantee people's social justice and security," said the statement.

Meanwhile, a list of public figures in need of protection faxed to RFA by Sam Rainsy identified the next five likely targets of what the opposition is calling a government-sponsored killing campaign.

The list comprised Sam Rainsy, President of the Sam Rainsy Party; Eng Chhay Eang, secretary general of the Sam Rainsy Party; Norodom Sirivudh, FUNCINPEC secretary general; Kem Sokha, director of the Cambodia Center for Human Rights; and Rong Chhun, president of the Cambodian Independent Teachers' Association.

Earlier Tuesday, the United Nations condemned the murder of trade-union leader Chea Vichea, who was shot on Jan. 22 after reportedly receiving death threats.

"The highest levels of political leadership in the country must send a clear message that those responsible for this murder will be held to account," Bernard Ramcharan, acting U.N. High Commissioner for Human Rights, said in a statement. "The problem of impunity remains a central obstacle to the process of building democratic institutions and advancing the enjoyment of human rights under the rule of law in Cambodia."

FUNCINPEC also called on the government to "render justice" to the victims and their families, especially in the cases of Chou Chetbarith, Touch Sonnich, and Chea Vichea, as well as other members of the FUNCINPEC and Sam Rainsy parties.

It is estimated that 23 activists of the three main parties have been killed in Cambodia since January 2003. But the government has maintained that the slayings were the result of personal disputes and robberies, with no political motive behind them.

On Jan. 15, two Sam Rainsy Party activists, Chhin La and Keo Chan, were killed by four unidentified gunmen. Two days before, another Sam Rainsy Party supporter, 42-year-old Lay Kong, was also shot. Both attacks were carried out with AK-47s. #####

Copyright ? 2001-2004 Radio Free Asia. All Rights Reserved.


Posted by maximpost at 4:52 PM EST
Permalink

>> OUR FRIENDS THE SIA...


Farewell
by Ali Al-Ahmed
(Washington DC - January 23, 2004) ...
Dear readers;
Due to funding issues, Saudi Information Agency will be shutting down by the end of January.
We would like to thank all our supporters and readers since the launch of this service in the summer of 2003.
Sincerely
Ali Al-Ahmed
Editor
1900 L Street, N.W. Suite No. 309, Washington, D.C. 20036 Phone : 202-466-2300 editor@arabianews.org





----------------------------------------------------------------
International Terrorism: Made with pride in Saudi Arabia
by Saeed Al-Saleh
Things are changing fast, and you have lots of things to do. You can not do all what you need. YOU need help, and you can depend on US. What ever you need, we deliver.
We have our own trained terrorists. We don't buy cheap ones; we raise them from the ground up to get the job done.
We mentor them from childhood in schools and mosques, until they grow up in our own summer camps.
We even follow up with them in Saudi Universities and Institutions. We do not leave liberals to brain wash them! We continue to educate them by our own university staff members, who are paid by us.
So, by the time they graduate, they are ready to roll.
They can take any task, so you do not have to worry. They can kill anyone, just name it.
While we prefer to kill Christians and Jews, we can kill Muslims too.
Not just that, we go beyond any other group, we kill children, women and elderly too.
Others might use time bombs, or remote control to bomb their target, we do too.
But we use suicide bombers that are committed to reach the largest number of people.
We work globally, so your business continues growing. We can deliver anywhere on the planet.
If you are hesitant, we can prove it to you since we have a record to defend and to show. We bombed Americans in Riyadh, Saudi Arabia in 1995, and in Khobar Saudi Arabia, just one year later.
We are proudly responsible for bombing American Embassies in Africa in 1998, and USS Cole in Yemen in 2000.
Of course, we are behind our best piece of art, September 11, 2001 operation that got WTC down.
Still, we reached Americans and others in Riyadh, Saudi Arabia on the 12th of May 2003.
Our terrorists are home grown; home taught and home trained; and delivered all over the world. That doesn't mean we do not recruit others, we do, and we have available positions all the time because we loose some of ours at the job.
You might wonder how we did achieve such a tremendous success. The answer is simple; Ideology and Money.
Our ideology is second to none. We grow our own terrorists. We teach them how to become radicals. We teach them hate to others; even their own people, so they are ready to kill their own families if asked.
We receive lots of money from Saudi government and other nonprofit organization who support our cause. That is why, money is not a concern. We do not charge that much, in fact we do not charge money at all; in fact we will give money to who needs our support and help.
We thank the Saudi government for all the support it gives us, and I want to thank the Saudi establishments individually:

1- Saudi Minister of Interior: he gave us the power to use mosques, shops and supermarkets to spread our ideology and get financial support for our cause.

2- Ministry of Foreign Affairs: gave us diplomatic immunity and financial support through Saudi Embassies to distribute hate materials all over the globe.

3- Ministry of Education: gave us the opportunity to put our hate material into school books and gave us a great opportunity to recruit our future terrorists at early age.

4- Ministry of Higher Education: supported us at the university level by letting our own radical staff to teach students how to hate the west, other Muslims, and to recruit them to fight for us.

5- Ministry of Islamic Affairs: supported us by printing our books, spreading our decrees locally and globally, paid our clerics and their recruits in mosques, built lots of recruiting stations, like mosques and religious schools. In addition, assigning our clerics in all the mosques of the whole country, and abroad to distribute hate, violence and terrorism. Thanks a thousand times.

6- Ministry of Justice: for assigning our staff as judges all over the country, to practice discrimination and promote hatred.

7- Ministry of Defense: for adopting our ideology as its doctrine, practicing our ideology in discrimination against Shia, and for distributing our books promoting hatred and violence.
Need References?

1- Prince Sultan - Minister of Defense

2- Nayef Al-Saud - Minister of Interior

3- Turkey Alfaisal - former head of intelligence
Paid for by: Al-Qaeda
(This is a strictly satirical article, we actually do not support terrorism)
1900 L Street, N.W. Suite No. 309, Washington, D.C. 20036 Phone : 202-466-2300 editor@arabianews.org

----------------------------------------------------
US Ambassador to Riyadh Persona Non-Grata
by Ali Al-Ahmed
(Washington) ...September 21, 2003 ...US ambassador to Riyadh has been declared persona non-grata in the Kingdom by senior members of the ruling family fearful of American involvement in local Saudi politics, SIA has learned.
Ambassador Robert Jordan was asked to leave after he made controversial comments regarding the political future of Saudi Arabia, a source familiar with the events told SIA Friday by phone form Saudi Arabia.
Jordan's comments came in two dinner parties sometimes late spring of this year.
The first was in Riyadh at the house of Dr. Usama Kurdi, a member of the King's appointed consultative council.
Jordan reportedly said the US government "decided" to support Crown Prince Abdullah as king, and that the next crown prince will come from the 3rd generation of Al-Saud ruling family instead of the 2nd generation. The 2nd generation - the sons of King AbdulAziz, - include Prince Abdullah and dozens others such as Naif, Nawaf, Sultan, Mishael, Bader, AbdulRahman, Talal, Turkey, Miteb, and others.
Defense minister Sultan bin AbdulAziz, the first man inline for the coveted crown prince post, who comes from the 2nd generation, was reportedly angered by Jordan's comments. Sultan then asked a guest who attended the dinner to personally meet with Crown Prince Abdullah and convey Jordan's comments.
Abdul Rahman Abdulaziz Al-Tuwaijri Secretary-General of Supreme Economic Council, who is close to Abdullah, informed the Crown Prince of the dinner discussions.
Talal bin AbdulAziz, who holds no official posts, got also into the mix and called his brother Sultan to inform him of Jordan's comments, sources said. Talal is seeking the Crown Prince position for himself or his son Al-Waleed, on a liberal platform.
After the comments were published in July by an Arab newspaper in London, Jordan expressed to other Saudis his feeling of betrayal. He said these comments "were private and were told to friends in confidence", a source who heard the ambassador's comments told SIA news on condition of anonymity.
The State Department didn't announce the termination of Jordan's assignment to date. The department speaker' Richard Boucher told a reporter last week, he wasn't aware of the ambassador leaving his position.
Jordan will return to the United States two years short of his four-year appointment by his longtime friend, President George W. Bush.
The termination of Jordan's term might have been discussed outside the channels of the State Department, which is responsible for ambassadorial issues.
The termination might have been discussed during ambiguous meetings between Saudi ambassador to Washington Bandar bin Sultan and former President George Bush on August 27th -- in Kennebunkport, Maine, in his vacation home, and Vice President Dick Cheney August 28th at his ranch in Wyoming. Cheney and Bush senior are close friends and business associates of Jordan.
Robert Jordan is the 2nd US ambassador to be expelled from Saudi Arabia. US ambassador Hume Horan was expelled in April 1988, six months into his Riyadh appointment, after he reportedly raised the issue of Saudi purchase of Chinese long-range missiles, "East Wind" which has a rang of over 1000 kilometers.
The US has no history of expelling Saudi diplomats, but has recently declined the Saudi nominee for head of security at the Saudi embassy, sources in the embassy told SIA news.
editor@arabianews.org
-----------------------------------------------------
King Fahd Hospitalized
by Saeed Al-Saelh
2: 15 A.M.
(Riyadh) May 18, 2003 .. Sources here told SIA news Sunday afternoon -Washington time - that ailing King Fahd has been rushed to King Faisal Specialist Hospital Sunday.
The sources couldn't confirm the reasons of the king admission, but an official at the Saudi Washington embassy who didn't wish to be named claimed the king is due for a cataract operation.
SIA news couldn't confirm separate reports that the King is in a coma.
Witnesses told SIA reporter in Riyadh security has been tightened around the hospital complex for no apparent reason. One witness who entered the hospital said it took him three hours to reach it.
The King, 86, who suffered a stroke in 1995, which left him wheelchair bound, also suffers from ?Alzheimer's, diabetes, hypertension and other ailments.
The last time he entered a hospital was last summer when he was treated in Geneva University Hospital for cataract.
In what could be related to the King's health situation, Saudi Ambassador to Washington abruptly canceled his appearances on several Sunday shows such as, Meet the Press and Fox news without explanation.

----------------------------------------------------
Nine Months and No Delivery
by Inas Younis
(Washington Dec. 22, 2003)...Two Saudi reform activists, speaking on behalf of fifty three members of their human rights association, publicly announced, last Wednesday December 17th , that they have been waiting for a government reply regarding the status of their application, to form an independent commission for human rights in the country.
It has been over nine months since the initial request was made and the mandated papers filed with the Ministry of Labor and Social Affairs. All fifty three members, including academicians, writers, and intellectuals, among them ten women, are looking for any indication that sincere efforts by government officials are underway.
Najeeb Al Khounazi , a writer and democratic advocate, states that the initial application was made to the Ministry of Labor and Social affairs. Which has since informed them, that their request was submitted to a "higher authority."
In response to mounting pressures, government officials have maintained that they are in the process of forming not one, but two human rights commissions. Since this announcement was made no government action has been taken. Nor has legal authority been granted for independent groups to operate.
Al Khounazi asserts that the application for an independent, non- government sponsored team of human rights activists is in accordance with the assurances made by officials to support and enforce the legal rights of all citizens in the kingdom.
Another outspoken member of the group writer and poet, Ali Al Dimeeni, stressed that human rights reforms should not be viewed as a one dimensional project, but as a multi dimensional conception which should hopefully lead to a more democratic system. He and other members of his party are campaigning for the fulfillment of government obligations and for some accountability to be upheld in the face of un-delivered promises.
Meanwhile, the country of Bahrain recently celebrated the formation of The Bahraini Committee for Human Rights. In a show of support, Both Al Dimeeni and Al Khounazi attended the festivities along with other Saudi activists.
Encouraged by the success of their neighbors and the international community at large, Saudi activists are still clinging to the words of Foreign Minister Prince Saud Al Feisal, who last May, acknowledged, in principle, to the establishment of a National Commission on Human Rights, and promised that its activities will start
"soon." Nine months have since passed, and words serve as the only consolation that someday there may be something to celebrate, more closer to home.

------------------------------------------------
Torture in Saudi Arabia, Official and Real

May 9, 2002
P.O. Box 6642
McLean, VA 22101
Tel: (703) 766-0200
E-mail: saudiinstitute@hotmail.com
www.saudiinstitute.org


Torture in Saudi Arabia

Although Prince Naif denied the charges of torture in Saudi prisons, it continues to be a common tool of interrogations approved and ordered by the highest security officials, including Prince Naif. The government claims torture is banned, but it is occurs daily, according to released prisoners and several members of Saudi Mabahith who spoke to the Institute. Some of the following torture methods were used with Mr. Sampson. They include the following:

The state was founded on 22 September 1933, after the land under the control of AbdulAziz was renamed the Kingdom of Saudi Arabia, 15 years before the state of Israel.

Torture in Saudi Arabia is widely used by secret police and other security apparatus. The main focus here is what takes place in Mabahith prisons. Information are so scares and are usually are obtained from released prisoners, who are forced to sign affidavits to stay silence of anything the experience or witness inside prison. Another source is security personal who object to torture but powerless to stop it. Both Saudi citizens are foreigners are subjected to torture, but its severity varies based on racial, tribal, religious, national and other considerations. Political and religious prisoners are the main subject for torture.

Torture is used with knowledge of senior officials as a tool of interrogations, punishment of prisoners, and part of judicial sentences. It is widely known to occur, and has been confirmed in all human right reports written by international organizations and governments.

Police, Mabahith, intelligence, religious police, and military forces all commit acts of torture, which can be by physical and psychological methods.

Political Environment

The country is the largest absolute monarchy in the world ruled by royal decrees. There are no elections, or formal representation. Women, who make up 57% of population, are excluded from the limited political process.

All non Sunni minorities are also excluded from the political and religious institutions.

The vast majority of the political apparatus is made up from members of the royal family and the family of Mohamed Ben AbdulaWahab, the founder of Wahhabism.

The political positions are denominated by members of the royal family, who enjoy automatic special financial and legal privileges. The presence of members of the royal family in government positions is at its highest in history.

The religious institutions are dominated by AbdulWahabi family. These institutions which include the justice system, ministry of Islamic Affairs, religious police, and others are limited to Wahhabi Muslims, which excludes the majority of Saudi population.

Legal Environment

The country depends on Sharia law as interpreted by the Wahhabi denomination of the Hanbali Sunni Islam. All judges in the country are Hanbali (Wahhabi) and graduates of religious institutions like Imam Mohamed Bin Saud University. There are no Maliki, Shafey or Shia judges in the country. This has proven especially hard on Shia citizens who have to face judges deeming them as heretics. Saudi judges do not accept Shia testimonies against Sunnis, or in matters effecting Sunnis.

The Saudi council of ministers approved Monday October 2nd 2001 the new law regulating lawyers licensing, which allows defendants to appoint lawyers to represent them before courts and other government agencies.

The decree also restated that defendants are not to be tortured physically or physiologically by security forces. The law also limited the arrest of defendants to five days if charges were not filed.

A major point of concern is the new law gives unlimited powers to the minister of interior to detain people indefinitely. Also the law doesn't clarify probable cause needed to hold prisoners over five days. Both powers would be a source of abuses of the rights of prisoners.

The law allows for secret trials which is the norm in the country until the writing of this report. The law allows for flogging and other forms of punishments administratively and judicially.

The law apparently sanctions the harming of prisoners. It reads as follows:

"Banning the physical and physiological harming arrested persons and no punishment can be given except for crimes prohibited by Shariah law and Saudi regulations".

Although the law was passed in October 2001, lawyers have not been allowed to represent defendants so far except in the case of British and Belgian defendants accused of bombing and alcohol charges.

Confessions are the primary mean to confect defendants in Saudi courts. This legal structure encourages officers to extract confessions from defendants through torture and deception.

There are no cases of remedies or compensations for torture victims. Judges have been powerless to prevent and address torture incidents.

Extra Judicial Flogging

Although they don't have any judicial powers members of the royal family, local governors, and many security officers ordered flogging for reasons that vary from interrogation, extracting information, punishment to pure revenge.

Interior minister: Prince Naif like many members of the royal family order flogging of citizens as a punishment or "to teach a lesson" to the victims.

On the night of August 12, 1980 which was the night of Muslim feast Eid Al-Fiter, hundreds of prisoners in Dammam Mabahith headquarters started to sing in jubilation for the happy occasion. The prison authority tried to stop the singing by moving 10 prisoners to individual cells. The situation escalated after police started beating prisoners who objected to the movement of their cellmates. On the next day Prince Naif ordered the flogging of all prisoner 100 lashes on their backs. His orders were read to prisoners prior to the flogging.

Provincial Governors: Prince Salman Ben AbdulAziz governor of Riyadh has ordered torture by lashing without judicial process. Al-Riyadh newspaper reported on Tuesday 25 September 2001 Issue No.12146 Year 38, that prince Salman, the governor of the capital city Riyadh ordered the doubling of lashes form 15 to 30 to a teenager who harassed women. The lashes were ordered against 13 young men by a committee of religious police, Riyadh governorship, and Riyadh police, none of which have any judicial authority according to Saudi law. Prince Salman also ordered the immediate lashing of four youths who were accused of harassing females in public, according to Al-Riyadh news paper Thursday 17 January 2002 No.12260 Year 39.

Prince Meqran Ben AbdulAziz of Madina ordered the lashing of a dozen Shia high school students who got into a fight with a teacher who insulted their religious beliefs inside class. They were all flogged 300 times. In another incident, an Egyptian man was flogged after he was accused of harassing an Indonesian woman. Arab News said "The Egyptian was flogged before the rioters upon the orders of Madinah Governor Prince Muqrin, and then forwarded to the local court for questioning. ArabNews added "Special security forces were deployed to contain the riot. The Egyptian man was arrested and flogged before the rioters in a bid to defuse the tension." (ArabNews March 2002).

A similar action was taken by Prince Meshael Ben Saud of Najran, who ordered the lashing of high School students: Ali Mahdi Al-Masaad, Mubarick Salim Al-Misaad, Ali Yahia Al-Salim, and Ali Siraj Al-Saloom.

Torture Methods

Rotisserie Chicken (Farooj): The victim is shackled and cuffed. The hands and feet of the victim are tide together, while he is lifted by a wooden bar and suspended in the air in close resemblance to a rotisserie chicken. The helpless victim is then severely beaten by sticks and cables and electric shocks are applied.

Saudi Hanging: Also known as "Carcass Hanging." The victim is cuffed then lifted by his handcuffs from a special hook on the wall or ceiling, and from the metal doors. The victim is hanged from his hands as long as 16 days, such as one case of Ismaili religious prisoner in Al-Hair prison in Riyadh. The victim is beaten all over the body and on the gentiles while hanged.

Blood Circulation: The handcuffs are tightened to cut off blood circulation for hours which causes terrible pain. Several prisoners reported temporary paralysis, or weakening of limps after this torture.

Falaqah: The legs are shackled and lifted by a special wooden bar. Cables and stick are used to beat the sole of the feet for hours at the time. Bleedings are common in these sessions. The victim will crawl for weeks after the beatings.

Severe Beatings: The victim is tied to and beaten by sticks, cables, and any hard objects such as chairs or machine guns. Several prisoners said they were beaten continuously for a week from morning until night.

Penis Blocking: Tying the penis with a thin string to prevent urination for hours or days while the victim is Saudi-hanged.

Anal Molestation: A broomstick in inserted in the anal canal while the victim is hanged from his cuffs or in the Farooj position. General Suliman A-Alwan and Thafer Al-Shehri subjected several prisoners to this torture in Dammam.

Sleep Deprivation: The victim is sleep deprived for up two weeks such as the case of Shaikh Habeeb Hamada from Qateef, who was sleep deprived for two weeks by Thafer Al-Shihri in Dammam Mabahith headquarters. The victim is beaten, soaked with water, and forced to stand. The victim will start hallucinating in few days.

Deprivation of Bathroom Privileges: The victim is not allowed to use the bathroom facilities for days. Shaikh Mohamed Al-Khudair was a victim to this method, which lead to a colon surgery in Al-Markazi hospital in Dammam.

Torture in Saudi prisons is common and a tool of investigations. Torture is carried out with the knowledge and consent of the highest Saudi security officials.

We have confirmed that the following Saudi citizens have been continuously tortured daily for months by Saudi investigators in Riyadh and Dammam.

Torture Victims:

1- Ahmed Turki Al-Saab, 42, a tribal leader of the Ismaili tribe of Yam in Najran. He was arrested Tuesday January 15 form his house. Several witness reported seeing him in King Khalid hospital in Najran suffering from bruises which indicates torture. Al-Sa'ab was arrested a week after Wall Street Journal published his comments on the religious persecution and demographic mutilation his tribe faced.

2- Nedhal AlMarzooq (AlShawykhat): 19, from Saihat city arrested 11 September 1996. The former Mabhith chief in Dammam, Sulimam AlAlwan and chief investigator Thafer AlShehri tortured him by cross hanging from his right foot and left hand combined with severe beatings and electric shocks. AlAlwan now serves as the Mabhith chief in Qaseem since 1997.

3- Wajeeh Al-Khatim: from Saihat arrested 11 September 1996, was tortured by Major Mesfer Al-Ghamdi. He was hanged upside-down and was severely beaten by several soldiers with metal cables at same time.

4- Abdullah Al-Jafaal: from Saihat arrested 11 September 1996 and tortured in Dammam and Riyadh AlHair prison by severe beatings and Saudi hanging.

5- Basil Abu AlSaud: from Qateef was tortured severely using different methods, which drove him to try to commit suicide. He was threatened with rape by Colonial Suliman Al-Alwan.

6- Nasir Abu Al-Liraat: 24, from Qateef was arrested June 28 and transferred to Riyadh after he was tortured in Dammam.

7- Abdullah AlJarash: 35, teacher from Qateef was tortured in Dammam and Riyadh in the presence of several senior interior ministry officials to confess responsibility to Khober bombing. He remains in Al-Hair maximum-security prison since his arrest in August 1996.

8- Shaikh AbdulLatif Mohamed Ali: 42, from Dammam arrested September 1996. He spent two years in solitary confinement and was tortured severely. He was taken to hospital several times due to torture.

9- Syed Mostafa AlQasaab: from Qateef arrested April 1997. He was tortured daily for 6 months. He remains in Al-Haier maximum-security prison in Riyadh.

10- Shaikh Ali Abu Taaki: from Qateef was arrested 26April 1996 then was transferred to Riyadh after Khober bombing. He was tortured by electric shocks and hanging. His torture was sever he had to be carried in a blanket after torture sessions.

11- Shaikh Saeed AlBahar: 34, was tortured by Lieutenant Salah AlMehtersih AlOtaibi. Shaikh Albahhar was kept in solitary confinement for two years.

12- Ali Al-Qattan: 34, teacher from Qateef arrested in August 1996 was tortured in Dammam before was transferred to Riyadh. He had three surgeries due to torture in Alhair prison in Riyadh. A senior Mabahith official who conducted contacts with US officials tortured AlQattan.

13- Mohamed Al-Rabaabi: was tortured in Dammam and Riyadh and lost two teethes. He was tortured to confess responsibility to Riyadh bombing in 1995. He was taped giving that false confession.

14- Hussain Mughais: from Qateef arrested August 1996. He was tortured in Dammam and transferred to Riyadh. He was tortured by hanging and electric shocks on his chest.

15- Shaikh Ali Al-Ghanim Shia Jafari, 36, from Safwa was arrested August 11, 2000 from Saudi-Jordanian borders. He was interrogated in Dammam Mabahith headquarters and tortured severely on daily bases for 5 months. An interior ministry official sentenced him to 5 years in a 10-minute kangaroo court. The institute contacted Dr. Saleh Al-Hujailan, a prominent Saudi lawyer to represent Al-Ghanim but he declined the case.

16- Hussain Marzook Al-Ghobary is 47 year old employee of minister of agriculture from Najran was arrested after the police attack on the main Ismaili mosque in Al-Mansoorah April 23, 2000. He was tortured severely and was beaten on his head and body, which resulted in a mental breakdown. He spent three months in King Khalid hospital in Najran after his release October 2000.

17- Shaikh Salim Al-Qurad tribal leader from Najran was sentenced to 1500 lashes in September 2001 after writing poetry praising the supreme Ismaili leader Shaikh Hussain Al-Makrami.

18- Kamil Abbas, 30, unemployed from Safwa was arrested in September 15 2001 in Safwa police station. He was sleep deprived for 3 days beaten by Officer Ali Al-Motairi in Safwa police station. He remains held incommunicado in Mabahith Dammam headquarters. He has not been allowed a lawyer or family visitation. Famous Saudi lawyer Dr. Salah Al-Hujailan, who is representing Britons in bombing case declined to defend Abbas.

19- Four Ismaili students were flogged because they had a fight with a teacher that follows the official Wahhabi sect who insulted their religious beliefs in the classroom. They were sentenced between 2 to 4 years and 500 to 800 lashes. They were lashed inside their school. They are: Ali Mahdi Al-Masaad, Mubarisk Salim Al-Misaad, Ali Yahia Al-Salim, and Ali Siraj Al-Saloom. Ali Siraj Al-Saloom, and Ali Yahya Al-Salim, both Ismaili prisoners were released January 22 after they served their sentences. They were arrested 20 months ago and were lashed 500 times.



Death by Torture

The Murders of Mohamed Al-Hayek, AbdulAzizi Al-Tamimi, and Myatham Al-Baher:

1- AbdulAziz Al-Tamimi, 28, a government employee was arrested with his younger brother from Hawtat Bani Tameem in late 1996 after a murder case. The healthy Al-Tamimi died in February 1997 in Al-Hair maximum prison in Riyadh, and was buried in Al-Oud cemetery in Riyadh, according to his cousin Qanas Al-Tamimi.

2- Mohamed Hassan Al-Hayek: A government employee, 28, from Qateef was murdered by severe torture in early September 1996 inside Al-Hair prison in Riyadh in the presence of a senior Mabahith officials. Al-Hayek was arrested 27 June 1996 from his office in Jubail and was transferred to Riyadh 3 July 1996. He was buried in undisclosed location somewhere in Riyadh, and his body was never returned to his family. Lieutenant Colonel Al-Hamaad Mabahith chief in the Dammam informed his family in 21 June 1998 of Al-Hayek death and burial.

3- Maytham Al-Baher: 19, college student from Qateef was tortured by Major Mohamed Ibrahim Al-Aseeri of Mabahith in Dammam. He was tortured by hanging from his cuffs and severe beatings his back and kidneys. Al-Baher died while he was cuffed to his deathbed in Dammam Central hospital 14 October 1996. He was refused any medical treatment for two weeks prior to his hospital admission. He was arrested 13 September 1996. A cellmate of Al-Baher said he was beaten with sticks and kicked on his back, which lead his illness and subsequent death at the Al-Markazi hospital in Dammam.

4- Ali Al-Malblab, 70, from Al-Jaffer, a Shia prayer caller was arrested by religious police from the mosque sometime in November 1998. He was beaten to death in few hours, and his body was left in front of the mosque. The body then was taken by the government and returned for burial a year after his killing. The killers of Al-Malblab were transferred to Al-Oyoon headquarters as punishment. His family wrote to Prince Na?f and Crown Prince Abdullah and got no response or compensation.

Flogging

Although lashing is part of Islamic penal code, it was prescribed in Koran for only two very specific situations. 100 lashes were prescribed for adultery. Adultery is only satisfied after four credible witnesses seeing the actual act. The 2nd situation 80 lashes are prescribed for libeling of female honor. Both punishments were mentioned in Koran Chapter 24 (Al-Noor) verses 2 & 3.

40 to 80 lashes for alcohol consumption were prescribed in tradition of the

Prophet Mohamed. The Islamic penal code call these corbel banishments (Had), which means limit or maximum. In Legal terms it means it is the maximum punishment prescribed. In another word, the maximum flogging prescribed in Islamic law is 100 lashes with soft straps or small branches. In addition flogging was prescribed only in the above three situations.

Saudi Arabia however has expanded the use of flogging beyond what is prescribed in Islam to penalize persons such as, rowdy high school students and political dissidents. The Saudi practice of flogging victims thousands of times is beyond any previous Islamic tradition in 1400 years of Islam, and is only practiced in the Kingdom. Surpassing the `Had" limit of 100 lash is in violation of Islamic rules, according to prominent Shia and Sunni Muslim clerics contacted by the institute.

Ismaili Yam Tribe leader Shaikh Ahmed Turki Al-Saab, 42, was sentenced to torture by floggings 1200 times and seven years in prison at Najran city court (South) on Tuesday April, 23, 2002, less than four months after his statements to the Wall Street Journal.
Shaikh Mahdi Theeb Al-Mahaan, 50, Ismaili cleric was arrested prior to the April 23, 2000 government attack on the main Ismaili mosque in Najran. Al-Mahan was charged with sorcery and sentenced for three years and 3000 lashes. He was released in early January from Al-Malaz prison in Riyadh.
A court in Jeddah sentenced a Saudi man 4750 floggings for having sex with his sister-in-law. (Al-Iqtisadia newspaper, January 1, 2002).


Tools of Flogging

Islamic law calls for using soft leather straps, robes, and small branches for executing such lashings. Flogging is done for the purpose of humiliation not injury or torture. The government has exceeded these Islamic limitations by using ? wooden sticks or metal cables and canes that cause injury, skin and bone damage, extremes pain and bleeding.

The execution of lashing as Islamic code prescribes is done with mild force. The arm of the executer (the person holding the strap) should not by lifted high enough to expose his armpit. The tradition calls for holding a Koran underneath the armpit while executing a lashing to prevent harsh force from being applied. Lashing must be light and shouldn't break skin, cause bleeding, and break bones. Lashing according the Head of Islamic Figh Council of America, DR. Taha Jaber Al-Alwani and AyotAllah Syed Mortaza Shirazi, is meant to humiliate and send a message not to torture, injure flesh and destroy skin.

Due to the work of international organizations on torture in Saudi Arabia, the government took several steps to shield the practice of torture.

Methods of torture have shifted from sever beatings and electric shocks which have caused deaths and physical markings to less obviously physical means, but equally cruel methods. The victims are blindfolded during torture sessions.

It has also taken measures to hide the identity of torturers by giving perpetrators of torture numbers instead of using their real names. Salah Al-Mehtrish Al-Otaibi has been used officer # 118 in his dealing with prisoners instead of his real name. Al-Otaibi is notorious interrogator in Dammam Mabahith headquarters.

Recommended Action:

Public:

Contact your local representatives to express your objection to torture in Saudi Arabia. Ask your government to make torture a permanent agenda item in all talks between your government and the Saudi officials.
Call and write the provided address below of Saudi embassies and officials.
Governments:

Make torture a permanent agenda item in all talks with Saudi officials.
Make public statements to object to torture in Saudi jails.
Require all Saudi security and military officials to answer questioners about torture when applying to visas.
Ban all Saudi officials accused of torture from visiting your country, and publish their names.
Investigate torture cases and claims.
Offer grants to Saudi torture victims for treatment and rehabilitation.
Hold workshop on torture at your embassy in Riyadh fro Saudi public.
Ask Interior minister Prince Naif, who is currently in Geneva to return the body of Mohamed Al-Hayek to his family for burial.


Useful Addresses:

Send your Faxes directly to interior minister Prince Naif who is currently in Geneva, Switzerland, and ordered the arrest. FAX: 41-22- 758- 0000

Call Adel Al-Jubair at the Saudi Embassy in Washington DC. USA.

Phone: 202-342-3800 Ext. 3000

601 New Hampshire Ave NW

Washington DC 20028

Call prominent Saudi lawyer Dr. Salah Al-Hujailan to ask him to represent Al-Saab. His number is: 966-1- 479-2200.

Time Differences: Kingdom of Saudi Arabia + 7 hours - Geneva + 5 hours. All time Eastern.

? www.saudiinstitute.org


--------------------------------------------------------------------------------------------------------------------
Saudi Institute
Religious Freedom in the Kingdom of Saudi Arabia,
Focus on Citizens
Under embargo
Until 30 January, 2001
P.O. Box 344
McLean, VA 22101
Tel: (703) 383-3863
E-mail: saudiinstitute@hotmail.com
WWW: http://www.saudiinstitute.org


Introduction

Saudi Arabia this year witnessed many acts of religious intolerance by the government and several religious figures. The most prominent event was the attack on the main Ismaili mosque in the southern city of Najran, the closure of several Shia mosques and communty halls (husayniahs), the arrest of several Shia clerics, and the proliferation of hateful religious web sites that promote sectarian hatred. This report discusses the situation of Sunni and Shia religious minorities in Saudi Arabia and the limitations placed by the government on the free expression and exercise of their beliefs.

I. Minorities, an Overview:
Saudi Arabia has several religious minorities. The Hanbali sect, the official sect endorsed by the state, is dominant only in the Central region. The Shafey, Maliki and Hanafi sects dominate in the Western region of the country. The Shia Jafaris dominate the Eastern region with some Shafeis and Hanbalis. The Southern region has a mix of Shia Ismailis, Shia Zaidis and some Hanbalis.

The Official Hanbali Sect:
The sect is probably the largest of all sects in the country and the most powerful. It is the official sect of the state and the religious institution. Hanbalis are concentrated in the Central Province (Najd) and number in the millions. The Mufti and all judges are always selected among Hanbali sect. Although the government endorses the sect, it is subject to a tighter official control than any other sect.

Sunni Minorities:

1. The Shafey Sect:
The Shafey sect is one of the four major schools in Sunni Islam. Shafeis were the numerical majority in the kingdom until few decades ago. They constitute the majority in the Western Province (Hijaz). Their numbers are believed to be in the millions (1).

Shafey religious institutions have been slowly wiped out by the Najdi-dominated Hanbali sect. In the past, renowned Shafey clerics such as Zaini Dahlan attracted followers from around the Muslim world (2). Nowadays Hanbali zealots refer to Shafeis as Sufis. Sufism is banned in the country. Their numbers, especially in the Eastern province, have been diminished over the past years. Shafeis are not allowed to lead prayers in Makkah and Madina as they historically were. One of the Shafey prominent figures is the former information minister Dr. Mohamed Abdu Yamani.

2. The Maliki Sect:
Like Shafeis and Hanafis, they are concentrated in Hijaz especially in Makkah, where their leader Shaikh Mohamed Alawi AlMaliki resides. They also face attacks from Hanbali religious zealots. Several government-financed books were written by Hanbali clerics to attack Shaikh AlMaliki accusing him of Sufism and apostasy. Algerian-born Shaikh Abu Baker AlJazairi, who worked as a speaker at the Prophet's mosque and a teacher at the Islamic University in Madina, attacked Shaikh AlMaliki in several speeches and in at least one book (3). Shaikh Abdullah Bin Manee, a high ranking judge and a member of the Council of Senior Ulma, wrote a book calling AlMaliki an apostate and a religouse deviant. The late Grand Mufti, Shaikh AbdulAziz Bin Baz, wrote the book's forward (4).

When AlMaliki attempted to teach at the Grand Mosque in Makkah like his father and grandfather, the Council of Senior Ulma barred him (5). He doesn't have a mosque to pray and has to publish his books abroad, mainly in Egypt. Malikis are not allowed to lead prayers or give sermons in the Grand Mosque or the Prophet's Mosque in Madina as they historically were. One of the Maliki prominent figures is the former oil minister Ahmed Zaki Yamani.

3. The Hanafi Sect:
Hanafis are the smallest of the Sunni sects, and their religious institutions don't exist anymore. Because they share geographical and religious proximity to Shafey and Maliki sects, they tend to depend on them for religious instruction. There are no known Hanafi clerics.

Shia Minorities:


The Late Ismaili Dayee
Shaikh Hussein AlMakrami
1. Ismaili Sect
Shia Ismailis are concentrated in the Southern region of Najran. Almost the entire Yam tribe is Ismaili. Their present leader, known also as AlDayee, is Shaikh Hussain Bin Ismail AlMakrami. Their numbers vary from 200,000 to one million according to different sources. Discrimination against them has increased in the past few years after the oponitemnt of the current governor, Prince Mishaal Bin Saud (6). Ismailis are prevented from using their distinctive prayer call anywhere, including in their own mosques.

2. Jafari Sect:
Shia Jafaris constitute the majority in the Eastern Province. They also have big communities in Madina and Wadi Fatima and smaller communities in Jeddah and Riyadh. Their number is a matter of dispute, and range from 900,000 to 2 million. They are probably the most active minority in the country struggling with the government for their rights. Their situation receives most of the attention given to minorities in the Kingdom.

3. Zaidi Sect
They are concentrated in the southern cities of Asir, Najran, Jeddah and Yunbo. There are no known Zaidi mosques or any organized religious institutions; Saudi Zaidis rely on Yemeni Zaidis for spiritual guidance. Their number is not known and they tend to hide their faith in Sunni dominated cities. The government confiscated the Zaidi mosque in Najran three years ago, and installed a Hanbali Imam to lead prayers in it.

Hidden Shia
Extreme anti-Shia feelings and discrimination in predominantly -Sunni cities compels many Shia of all sects to hide their faith. The native Najdi Shia community in Riyadh is not known to residents of the city. I had the chance to meet a famous artist from that community.

Many Shia from Madina Asir and Najran live in Jeddah and other cities and don't declare their faith. This environment led to some conversions to the Sunni sect. There were also many reports of Sunnis converting to Shiasm secretly (7). A member of the royal family has secretly adopted Shiasm recently (8).

II. Government Control of Religious Institutions

Mosques:
The country has 37,850 mosques, according to the ministry of Endowments. The government builds most mosques. Mosques built by private citizens must be handed over to government control. The government has also financed the construction of over 1600 mosques around the world, including the United States (9).

Shia Ismailis, Jafaris, and Zaidis are not allowed to build mosques. Most of their existing mosques date back to the Turkish rule and are privately constructed. There are no Zaidi mosques. There are also no exclusively Shafey or Maliki mosques.

The government appoints the Imams in all Sunni mosques and controls most of their activities. It's believed that all sermons (kutbah) in Sunni mosques come from the ministry of Islamic affairs. The sermons in the two holy mosques (AlHaramain ASharefain) in Makkah and Madina also must be pre-approved by the Ministry of Islamic affairs (10).

Shaikh Saud AlShuraim, one of the Grand Mosque speakers, was suspended from delivering sermons after he criticized efforts to broaden tourism in the country. Also, Imams in Sunni mosques are obliged to pray for the king (11). This year a ban was enforced on Qonoot, lifting the hands during prayers, after many Imams were praying for Chechen victory against Russia.

Shia Jafaris in Madina, a substantial minority in the city, have no mosques. The government destroyed their mosque and husayniah (community center) decades ago. They maintain underground mosque(s)in the forest outside the city or pray in the basements of private homes (12).

Imam AlHussain mosque in AlBattalia in the Eastern Province was shut down in April. It's believed the mosque was built using a home permit. Most Shia mosques built since the foundation of Saudi Arabia were built as homes but slowly converted to mosques (13).

Shia Ismaili mosques are closed by police on Eid day whenever the Ismaili Eid differs from the government Eid. Ismailis use different methods than the official religious institution to determine Eid.

Husayniat
Husayniah is a Shia religious and social institution that performs the function of a community center. Religious sermons, weddings and funerals are usually held at husayniahs. They are illegal in the country and are usually built using home permits.

This year, seven husayniahs were closed in AlAhsa region during Muhharam commemorations. They include AlQaim and AlMojtaba in AlMubaraz, AlRassol Al-Adam in AlBatalia, AlMortada and Azzahhra in AlGarn, and AlAskari in AlAndalus (14). There were also several closures of home-based sermons in AlAhsa and AlJesh, and several homeowners were jailed for several months for holding these sermons at their homes. One example is Naser AlMorey from AlAhsa.

Wedding Halls and the Qudayh Tragedy
Wedding halls are widespread in Saudi cities and towns with one exception, Qateef city and the surrounding Shia areas. Also, Qateef strangely dosen't have any hotels. This is the result of a ban imposed by the minister of interior Prince Naif over 15 years ago to prevent Shia from using the halls to organize religious and communal gatherings, such as weddings.

The increasing population and dwindling number of husayniahs made large tents the only option available for wedding parties. This resulted in the largest tragedy in Saudi Arabia in the past several years, the tragedy of Qudayh.

On 28 July 1999, fire engulfed a wedding tent killing 76 women and children and injuring dozens at Qudayh city in Qateef region (15). Prince Mohamed Bin Fahd, the governor of the province who lives 20 minutes away did not visit the site of the tragedy or the families of the victims, as common around the world. In contrast, Prince Na?f visited the survivors and the site of an accidental explosion near Jeddah that killed four children on 29 July 2000(16). On the other hand, Crown Prince Abdullah sent a message of condolences to the families of the Qudayh victims. It was reported that he donated a plot of land to build the first wedding hall in Qateef.



The Site of Qudayh Fire

The Funerals of Some Victims

Religious Shrines
The country had many shrines at the beginning of the 20th century, but most if not all have been demolished since the foundation of Saudi Arabia.

In 1925, government forces demolished the Baqee cemetery in Madina, which holds the graves of many historical Islamic figures and is holy to Shafey, Maliki and Shia sects. Late King Hussain visited the Baqee cemetery during his last trip to the city. Also, several Islamic sites were destroyed including the houses of Prophet Mohamed in Madina. In Makkah the shrine of the Prophet's first wife was also demolished.

Several columns in the Grand Mosque dating back to the 7th century were also removed. The government demolished the shrine of Prophet Elisha in AlAwjam west of Qateef decades ago.



The Baqee Shrine in Madina before 1925

Part of the Baqee Today. These are tombs of some Islamic figures.


The Tomb of Prophet Elisha in Awjam City in Eastern Province

Clerics
Several clerics from various minority sects remain in jail. The longest held is Shaikh Saeed AlZuair, a Hanbali cleric, who is imprisoned at AlHair maximum-security prison outside of Riyadh. He was arrested six years ago.

Shaikh AbdulLatif Mohamed Ali, Shaikh Saeed AlBahaar, and Shaikh Habeeb Hamdah among other Shia clerics from the Eastern Province have been in jail four years without charge.

Shaikah Mohamed AlKhayat, an Ismaili cleric was arrested while teaching in AlMansorah mosque in Najran 23 April 2000, and accused of sorcery. His arrest triggered clashes between the Ismaili community and security forces that left at least six dead and 600 jailed. A report suggested that Shaikh AlKhayat was forced into confessing on tape to sorcery after his arrest (17).

Shaikh Hassan AlKhawildi, 40, a well-known Shia cleric from Safwa, was suspended in May after mentioning in his sermon the reprimand of some Shia women teachers who wore black to school on Ashura day. Traditionally, Shia women wear black during the months of Muhharam and Safar.


S. Saeed Zuair

S. AbdulLatif Ali

S. Hassan AlKhawildi

Other clerics who remain on suspension are Shaikh Ayed AlQarni, a Hanbali cleric from Riyadh who has been barred for several years. Shaikh Ali AbdulKarim AlAwwa, a Shia cleric from Awamia has been barred from any religious activities for more than 10 years. Also Shaikh Jafar AlMobarak from Safwa was banned from leading prayers or teaching religion to children and became a fisherman three years ago after his release from prison (18).

On 9 July 2000, Shaikh Safar AlHawali and Naser AlOmar, both Hanbalis, were allowed to start teaching purely religious texts again. Both were released from prison last year after five years of imprisonment for their political opinions. Naser AlOmar is the author of the anti-Shia memo (Waqe AlRafidah fe Belad Attawheed), the Rejectionists in the Land of Unitarianism. The memo was written in 1992 to the Council of Senior Ulma calling on the government to destroy all Shia husayniahs, arrest Shia clerics, and fire all Shia government employees(19).

III. Government Control of Education and Culture

Education
The General Directory for Woman's Education is one of the most anti-Shia institutions in the country. Shia women teachers are not allowed to teach religious subjects or hold positions such as, school principals, guidance counselors, and university professors. The General Directory for Women's Education has rejected all Shia applications to build private girls schools.

Ahmed Al-Zahrani, a Sunni teacher at Yarmook boy elementary school in Safwa told Shia 5th and 6th graders that they worship stones instead of God. Parents called the principal but the teacher was not admonished. In April 2000, the department of education in the Shia-dominated Eastern Province nominated 47 guidance counselors, none where Shia.

Religious Education
The government prevents the teaching of non-Hanbali religious texts in schools and universities. Shafey, Maliki and Shia views are not represented in religious education. Non-Hanbali clerics are not allowed to teach their faith even in private. Most Shia Jafari clerics were educated abroad in Iran, Iraq and Syria. Syed Munaeer AlKhabaz, a Shia cleric from Qateef was arrested December 1999 and released after his return from Iran where he was studying (20).

Religious Universities
There are eight universities in the country, three of which are predominantly religious. Imam Mohamed Bin Saud University in Riyadh and Islamic University in Madina refuse to admit Shia Jafari or Ismaili students or hire Shia faculty or staff. Naser AlQafari wrote his doctorate thesis at Imam Mohamed Bin Saud University on Shia Jafaris, and referred to them using the derogatory term Rafidah (rejectionists of religion). The thesis was later published using government funds (21).

School Textbooks
The government controls religious education in public and private schools from first grade through university. All religious and history curriculums are written according to the Wahhabi interpretation of the Hanbali sect. No other Sunni or Shia opinions are infused in those texts. In the past years, textbooks referred to many religious practices by Shia, Shafeis and Malikis, such as celebrating the birthday of the Prophet, as innovation in religion (bedah). There are new textbooks for the coming school year but not yet available for our review.

King Endowment and Prizes:

Manea Al-Jehani

King Fahd donates money to Hanbali religious institutions and mosques only. The king donated several million dollars this year to several religious projects and institutions inside and outside the country, like a religious university in Pakistan. There is no evidence of the king giving mone to Shafey, Maliki or Shia religious institutions or projects ever. (22)

The most prestigious prize in the country is the King Faisal Prize, which is awarded annually in several categories like service to Islam, medicine and literature. It has been awarded since 1979 to over 110 people from 31 countries, including the United States. There were no Shia winners ever in any category (23). There was only one Shia nominee, Seyyed Hossein Nasr, the famed Islamic philosopher and professor at George Washington University in USA. He was notified of winning the prize in 1979 but later the prize was withdrawn with no explanation.

Prince Mohamed Bin Fahd, the governor of the Eastern Province awarded Dr. Manea Al-Jehani his first prize for charitable work. Dr. Al-Jehani is the head of World Muslim Youth Association (WAMY) and a member of the consultative council. WAMY publishes anti-Shia books that claim Shiasm to be a Jewish conspiracy against Islam. These books are published in several languages and distributed for free. (24) WAMY is financed by government funds and maintains an office in Washington.

Names
The interior ministry controls citizen's names through the civil record administration. Names that are not suitable to the official religious institution are banned.

Many Shia citizens were forced to change their names, especially in the past few years. Names used exclusively by Shia, such as AbduliNabi, AbdulRassol, AbdulHussain, are all banned. Saudi Media also don't use these names such as the name of famouse Kwaiti comidian AbdullHussain AbdulReda, whos named is changed to Hussain Redah.

In 1992 a new directive was issued restricting more names. This directive banned names derived from the Koran such as Iman and Sura and are acommonly used by Shafey, Maliki, and Shia citizens (25).

Descendents of the Prophet Mohamed, commonly referred to as Sada or Ashraaf are banned from using their titles in identification cards or official documents. All neighboring countries allow them usage of these titles.

Books
There is a ban on importing religious books that are not accepted by the official religious institution. Shia and Sufi religious books are banned and confiscated upon arrival. Fines, lashes or prison are possible punishments. Several Shia youths were arrested in Awamia city for selling Shia books from their homes. Ahmed AlHamad was identified among the detainees

Libraries of Saudi universities do not contain Shia books or books by Maliki clerics, like Shaikh Mohamed Alawi AlMaliki. He publishes his books secretly in the country or in Egypt or Lebanon, and distributes them himself because bookstores cannot legally sell them.

In contrast, anti-Shia books are available in the country and are sold legally and freely. Some are even printed by government institutions and distributed for free. All Saudi libraries stock anti-Shia books. Shaikh Hassan AlSaffar, a leading Shia cleric, was able to publish only one book. He also maintains a web site (26).

Music
Religious songs applauding the Prophet Mohamed (Madeeh) and commonly used by Malikis and Shafeis in the Western Province and Egypt are banned. The family of the late famous Saudi singer Talal AlMadah worked in religious singing. Shia religious songs used during commemorations and known as Noha or Aza are also banned. There were many arrests of religious singers in the Eastern Province (Shayaleen) this year. The vice-governor Prince Saud Bin Na?f reportedly ordered these administrative arrests that lasted between two to six months (27).

Religious Holidays
The government recognizes only two holidays, Eid AlFitr (after Ramadan) and Eid Aladha (After Haj). Other religious holidays like Prophet Mohamed's birthday, celebrated by Shafey, Maliki and Shia sects are not allowed nor acknowledged by local media (28). Hijazi citizens celebrate the birthday of Prophet Mohamed (Mawled) in secret.

Shia holidays like Ashura and others commemorating the death of Prophet Mohamed, his daughter Fatima and her husband Ali are all officially banned. Skipping work or school to attend religious activities can lead to discipline or termination. Shia teachers are not allowed to take the day off work during Shia religious holidays. In Safwa, several teachers at the Fourth Middle School for girls (AlMatwasta AlRabiah) were reprimanded by the principal for wearing black and sent home to change (29) Also several boys were beaten by a teacher in Deraar Elementary School in Safwa, and were sent home to change. (30)



The Grayqaan Celebration
Ismailis are prevented from attending Eid prayers when their Eid day differs from the state-declared days. Police cars in Najran prevent the opining of any Ismaili mosques if the official Eid day was before or after the official Eid day. Shia Ismailis and Jafaris independently decide their own Eid days. Ismailis use astronomical calculations to determine their Eid day, while the official religious institution use moon sighting to decide the Eid.

Also banned is the traditional festivity known as (Grayqaan) and celebrated by both Shia and Sunnis in all Gulf countries. During the festival children knock on doors and collect treats while singing traditional songs and wearing traditional clothes.

Internet
King Abdul Aziz City for Science Technology regulates Internet access in the country, and blocks web sites for moral, political and religious reasons. Numerous religious Shia sites are blocked while anti-Shia sites propagating the murder and expulsion of Shia citizens are freely accessible. Such sites like (sahab.net and muslm.net) are full of derogatory terms that are used against Shia by some Hanbali religious zealots, such as Rafidah, (Rejectionist).

They also propagate accusations that Shiasm is a Jewish conspiracy, and that Shia hold sexual parties in husayniahs during Ashura commemorations.

Following a fatwa by the Grand Mufti Shaikh Abdul Aziz AlShaikh permitting hacking "suspicious" web sites, a flurry of hackers attacked and disabled many Shia sites. (31) This has been referred to as "Cyber Jihad."



The Muft, Shaikh
AbdulAziz AlShaikh

The fatwa by the Grand Mufti
allowing the hacking of suspicious web sites

Examples of Shia sites hacked by Hanbali zealots:
reach.to/etehamat
www.hajr.com
www.shialink.org
www.danafajr.org
www.alhaq.com

Examples of blocked Shia sites:
www.rafed.net
www.alhaq.com
www.shialink.org
www.karbala.com
www.aqaed.com

Examples of sites promoting sectarian hatred which are accessible from the country:
rafidha.hypermart.net
www.sahab.net
www.ansar.org
www.alsalafyoon.com
www.khayma.com/najran

IV. Discriminatory Laws and Legal Practices

Prisons
Although Shia are a minority in the country, over 95% of prisoners held for political or religious reasons are Shia. The majority of those prisoners are Shia Ismailis, 500, followed by Shia Jafaris, 85. There are four Shia prisoners who have been missing since 1996. Several released Shia prisoners reported that belonging to the Shia sect was among the charges they faced. During interrogations, Shia and Sunni differences were discussed and prisoners were asked to become Sunni in exchange for reduced charges and sentences. Imprisoned clerics were asked to stop religious activities and seek other business.

Shaikh Jafar AlMobarak who was released in 1997 abandoned his religious role and became a fisherman due to repeated imprisonment. Discrimination against Shia was also obvious in prison. A former Shia prisoner said, "Sunni political prisoners were treated like guests and were not tortured, unlike Shia" (32).

Judges:
All judges in the country are graduates of religious institutions like Imam Mohamed Bin Saud, and are Hanbalis. There are no Maliki, Shafey or Shia judges in the country. Judge Fuad AlMajid in Qateef, who sentenced Sadiq Mallallah to death for apostasy in 1993 following an argument remains in his position (33). The head of Najran court, Mohamed AlAskari, was reportedly behind the attack on AlMansorah Ismaili mosque on April 23. He was visited at his home by Prince Na?f, the interior minister in June. (34). The judge of Sharoorah city near Najran refused to approve marriage licenses for several Ismaili men to Sunni girls.

Travel Ban:
Sources estimate that over 6000 Shia in the Eastern Province and Madina are banned from leaving the country. Passports are seized without judicial process. Reasons for seizure vary from traveling to Iran to unknown causes, such as the case of Fatima AlJarash from Qateef. Numerous children were included in travel bans. Several hundred people got their passports back this year, again for unknown reasons (35).

Religious Violence:

The Holiday Inn in Najran
where 4 Ismaili
citizens where killed
On April 23, 2000, Najran witnessed the most violent attack on a religious minority this year. According to several Ismaili witnesses and news reports the incident started with an attack by the religious and secret police (Mabahith) supported by the religious police (Hay'a) on AlMansoorah mosque, the main Ismaili mosque in the city.

The attack was made to arrest Shaikh Mohamed AlKhayat, an Ismaili cleric from Yemen who was teaching some Ismaili citizens at the mosque. An exchange of fire occurred in front of the Holiday Inn after the local governor, Prince Mishael Bin Saud, refused to meet with the protesters who were demanding the release of Shaikh AlKhayat(36).


Mishael Bin Saud,
governor of Najran
Four Ismaili citizens and two soldiers died in the clashes that lasted 30 hours. An army unit was deployed 10 hours after the incident and withdrew five days later. A teenage boy, Ibn Shqaih, and a deaf man, Ibn Natash were identified among the victims. Over 600 Ismailis were arrested following the clashes and 500 remain in jail (37).

In another incident, the body of Shia prayer caller Ali AlMalblab, 70, was returned to his family and buried one year after his death. AlMalblab was killed by religious police inside their headquarters November 1998 in AlJaffer (Eastern Province). His family wrote to Prince Na?f and Crown Prince Abdullah and got no response or compensation. The killers of AlMalblab were transferred to AlOyoon headquarters as punishment for the killing.

Collective Punishment
It seems that collective punishment is reserved to religious minorities and not used against tribal or regional groups. For example, hundreds of Shia Ismailis were demoted, fired and transferred from Najran after the clashes of April. At least 70 Ismaili teachers were transferred from Najran to the Northern Province August 9, 2000. No Ismaili students were accepted at military colleges this year, unlike the past years (38). Similary collective puishment isused against the Shia Jafaris.


1. Interview with a Shafey doctor (2000), May.
2. Syed Hashim AlRefaey (unknown) Advice to our Brothers, the Scholars of Najd.
3. AlJazairi, Abu Baker (1986) "They Came Running, Wait the Propagators of Deviousness."
4. Bin Manee, Abdullah Bin Suliman (1983) "A Dialogue with AlMaliki to Reject his Sins and Deviousness."
5. Syed hashim AlRefaey, Op Cit.
6. Interview with an Ismaili community leader (2000) July.
7. Interview with a Shia citizen no.1 (2000) July.
8. Interview of a Shia businessman, formerly Sunni (1999).
9. AlRiyadh newspaper (2000) Sunday May 14, No.11647.
10. Interview with a Hanbali citizen (2000) July.
11. Interview with a former Hanbali prisoner (2000) August
12. Interview with a Shia citizen no. 2 (2000)
13. Interview with a Shia prisoner, (2000) May.
14. The Committee to Defend Human Rights in the Arabia Peninsula.(1999) Communiqu? # 87.
15. www.saihat.org
16. AlJazirah newspaper (2000) Sunday, July 30, #10167
17. Interview with an Ismaili citizen (2000)
18. Interview with a Shia citizen no. 3 (2000)
19. AlOmar, Naser (1992). (Waqe AlRafidah fe Belad Attawheed) The Rejectionists in the Land of Unitarianism.
20. The Committee to Defend Human Rights in the Arabia Peninsula, Op. Cit.
21. AlQafari, Naser (1981) The Tenants of Shia Sect.
22. AlJazirah newspaper (2000). July 27, no. 10164. Riyadh, Saudi Arabia
23. AlRiyadh newspaper (2000) Sunday May 14, No.11647.
24. Ismaeel, Saeed (1995) The Difference Between the Shi'ites and the Majority of Muslim Scholars.(WAMY).
25. Interview with a Shia citizen no.1 (2000) July
26. www.saffar.org
27. Interview with a Shia prisoner, (2000) May.
28. Interview with a Shafey doctor (2000), May.
29. Interview with a Shia citizen no.1 (2000) July.
30. Interview with a Shia elementary student (2000) July
31. AlDawa Magazin (2000) May 11. # 1741
32. Interview with a Shia prisoner, (2000) May.
33. Ibid. 32.
34. AlRiyadh newspaper. (2000) Sunday 30 July, no11724.
35. Interview with a Shia citizen no. 3 (2000)
36. Interview with Ismaili community leader (2000) July.
37. Interview with an Ismaili citizen (2000)
38. Ibid. 37.
39. AlRiyadh Newspaper (2000) Friday 07 July No.11701 Year 37
40. Rahim, Rend; Fuller, Graham (1999) The Shia Arabs, The Forgotten Muslims

? www.saudiinstitute.org

Posted by maximpost at 3:25 PM EST
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Of Sausage-Making and Medicare
By Joseph Antos, John E. Calfee
Posted: Monday, January 26, 2004

HEALTH POLICY OUTLOOK
AEI Online (Washington)
Publication Date: January 1, 2004


The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 created a new prescription-drug benefit and opened Medicare to broader competition among health plans. While these major reforms promote market principles, they do so with heavy regulation: private plans will be given more opportunity to offer services to seniors, including subsidized drug plans, but with restrictions that could blunt the effectiveness of competition in restraining cost growth. The new law also tweaked the Medicare system in a number of ways, continuing a long tradition of creating new regulatory complexities in a vain attempt to ameliorate the distortions caused by old rules.


Bismarck famously compared the mysteries of democratic law making to the messiness of sausage manufacturing. Those mysteries are most keenly felt when the result is both massive and manufactured in haste. By that standard, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, signed into law in early December 2003 and dubbed MMA for the "Medicare Modernization Act," merits a close and skeptical examination of its ingredients and likely consequences.

The new Medicare law was enacted following two contentious votes in the U.S. House of Representatives, each yielding a razor-thin margin in the wee hours of the morning amid complaints that members were voting on a bill they had not read and did not understand. Outside the Washington beltway, most people are only dimly aware of what has changed in Medicare, and many seniors do not even know that a law was passed. During the week after the president signed the Medicare bill, four out of ten seniors surveyed by the Kaiser Family Foundation either did not know the bill had passed or thought that the bill had failed in Congress.[1]

What most people do know is that a drug benefit has been added to Medicare. But legislation that fills over four hundred pages of text plus hundreds of pages of explanation is loaded with provisions that in large and small ways could change the landscape of Medicare and reverberate throughout the health system.[2] Although the drug benefit has received most of the headlines, an equally important matter is whether the legislation does anything to retard or reverse the long march toward a single-payer health care system in which virtually all citizens pay for each other's health care through government revenues and expenditures.

The journey to a single payer has been largely completed in Canada (where only pharmaceuticals occupy a vestige of private markets), Western Europe, Japan, Australia, and New Zealand. Following decades of expansion of Medicare and Medicaid and the creation of smaller government health programs, the addition of a Medicare drug benefit could have propelled the United States along that route.

The drug benefit is indeed a major expansion of the government health entitlement, but the impulse toward a single-payer system has been partly offset by the requirement that the new benefit operate through competing private plans. Still, the long-run effectiveness of competition in the drug benefit is far from certain. The system could very easily careen toward ineffectual cost-plus operations that lead relentlessly toward uncontrolled expenditure growth followed by the extension of Medicare price controls to the pharmaceutical sector.

MMA includes measures to strengthen competition in the rest of Medicare by revamping the role of private health plans and pointing the way to other, more modest changes in the traditional Medicare program. Those provisions are important, but their success in improving the functioning of the Medicare market will be limited by the climate of over-regulation that has historically characterized the program.

Perhaps the most promising component of the new law has nothing to do with Medicare. Health Savings Accounts (HSAs) create new incentives for people under age sixty-five to become more careful health care consumers and gives them opportunities to save for their own health needs. The potential significance of this provision for improving private health insurance markets is only now becoming clear. A later Outlook will more fully analyze HSAs.

The New Drug Benefit

The Medicare drug benefit rolls out in 2006. Beginning in May 2004, however, Medicare beneficiaries will be able to purchase a government-approved drug discount card. The cards provide no insurance, but low-income beneficiaries with no other source of prescription-drug coverage will also receive an annual $600 subsidy toward their purchase of pharmaceuticals. The discount card program ends when the full drug benefit begins operation in January 2006.

The federal Centers for Medicare and Medicaid Services (CMS) expects the cards to provide modest discounts on the order of 10 to 15 percent. In addition to negotiating volume-based, across-the-board discounts, card sellers could obtain selective discounts by constructing formularies and negotiating steep discounts for favored brands. Average prices, however, may be no better than those offered by Wal-Mart and other mass retailers. Moreover, the selective discounts predicted by CMS are no greater than those already available from cards offered by pharmacy benefit managers (PBMs) and others.[3] This may be why CMS expects only about 7 million Medicare beneficiaries to enroll in the discount card program, with two-thirds of them attracted by the $600 cash subsidy.

The Drug Benefit for 2006 and Later. The Medicare drug benefit itself will begin operation January 1, 2006, with the addition of a new Part D to Medicare. The Part D drug plans will be voluntary and will be privately run. The plans will come in two forms. New drug-only insurance plans will be designed for beneficiaries in traditional fee-for-service Medicare. Comprehensive health plans, such as preferred provider organizations (PPOs) and health maintenance organizations (HMOs) in the new Medicare Advantage program, will be able to offer drug coverage to their enrollees. In regions with fewer than two competing plans, beneficiaries would be served by a single government-sponsored cost-plus plan (the "federal fallback"). Medigap insurance will be prohibited from covering drugs (although beneficiaries who are currently enrolled in such plans will be permitted to retain that coverage).

The law describes a "standard" benefit plan in which enrollees will be responsible for a deductible of $250 and coinsurance of 25 percent for the next $2,000 of expenses. If drug expenses go beyond that level, enrollees pay 100 percent of the next $2850 in costs, the notorious "donut hole" between $2,250 and $5,100 of drug spending. After that, the plans cover 95 percent of costs. Insurance payments from other sources, however, would not be counted toward satisfying the $3,600 total out-of-pocket payout before catastrophic coverage would begin. All these cutoffs will increase annually in proportion to Medicare's rapidly increasing outpatient drug spending; the Congressional Budget Office (CBO) estimates that in 2013 the donut hole will range between $4,000 and $9,000. Premiums for the drug benefit will be set by competition, not by regulation or statute. CBO expects premiums to average about $35 per month in 2006 and increase to perhaps $58 by 2013.

No insurer, public or private, offers health insurance of any sort with a donut hole in the benefit, which is both confusing and unpopular. MMA also permits "alternative" benefits that can depart to a highly uncertain extent from the standard. However, such benefits must be at least actuarially equivalent to the standard benefit and must respect the basic parameters, including the deductible and the donut hole.

The Part D plans will be heavily subsidized, with about 75 percent of the cost of the benefit covered by the federal taxpayer. (Low-income beneficiaries will be given generous additional subsidies; these are described below.) The subsidy is intended to yield premiums far below the actuarial value of the drug benefit, inducing broad participation among Medicare beneficiaries. Broad participation avoids adverse selection--a situation in which only people with above-average pharmaceutical needs participate, driving up costs and premiums, and discouraging participation of those with lesser drug use until little of the market is left. CBO predicts success, estimating that almost three-quarters of Medicare beneficiaries will have drug coverage through Part D plans, with employer-sponsored retiree plans or other programs (such as the Veterans Health Administration) covering the remaining beneficiaries.

The law is designed to keep existing retiree drug plans in operation. MMA provides a 28-percent subsidy to employers for drug spending by eligible beneficiaries in the range between $250 and $5,000, but only if the retiree plan matches or exceeds the new Medicare drug benefit. The subsidy is paid even if firms offload some (but not all) of their costs onto retirees through increased deductibles and copayments.[4] Although firms are likely to reduce the value of their retiree drug coverage somewhat, fewer firms will drop that coverage completely. CBO projects that the subsidy will cost taxpayers $81 billion in the first decade, but that some 2.7 million Medicare beneficiaries will nonetheless lose their retiree drug coverage as a consequence of MMA.

What Will Part D Do to Pharmaceutical Markets? Although the basic contours of the benefit are set forth in the law itself, the way the benefit will play out is extremely unclear. All enrollees in the new entitlement will receive their benefits from competing private plans, so prices and expenditures will be determined primarily by competition rather than a system of administered prices. There seems little reason to expect an immediate escalation in expenditures well beyond predicted levels, but spending trajectories after the first two years or so are conjectural and may prove highly unstable. The competition that is expected to constrain prices and spending may be severely limited by the nature of MMA itself. Medicare spending for prescription drugs could begin to grow very rapidly, as so often happens in the wake of new entitlements. If that happens, MMA could prove to be a path toward pharmaceutical price controls, with the unintended consequence of slowing the development of new and more effective drugs.

The New Cost-Sharing Arrangement. The new Part D constitutes the largest new entitlement since the creation of Medicare itself in 1965. All Medicare beneficiaries will be eligible to participate in the new program, but, as noted above, those with low incomes will receive a far more generous benefit. Means testing is a striking departure from Medicare's tradition of uniform benefits regardless of ability to pay.

Beneficiaries with incomes below 135 percent of the poverty level ($16,362 for couples in 2003) will receive the largest subsidy. Those individuals will face no deductible or donut hole, and copayments will be minimal. CBO estimates that 12 million beneficiaries will be eligible for the maximum low-income subsidy. Another 2 million beneficiaries with incomes between 135 and 150 percent of poverty will be eligible for lower--but still generous--subsidies. Those beneficiaries will be obligated to pay a $50 deductible, 15 percent coinsurance (but no donut hole) up to the catastrophic coverage level, and nominal copayments above that. Consequently, more than a third of all Medicare beneficiaries will be subject to minimal cost-sharing requirements.

In contrast, Part D enrollees who do not receive special subsidies will face substantial out-of-pocket costs. Taking into account cost sharing (deductibles and coinsurance) and insurance premiums, the first $2,250 of prescription drugs will cost an enrollee over $1,000 and the first $5,100 of drugs will cost over $3,600. These large out-of-pocket payments are one reason why total pharmaceutical usage by Medicare beneficiaries may initially increase by only a few percentage points even though the new benefit increases federal spending significantly. This modest effect also reflects the fact that for many beneficiaries, the new federal benefit substitutes for private coverage and other sources of funding. Another reason to expect only a modest immediate rise in demand is the simple fact that even though roughly one-quarter of beneficiaries lack drug insurance at present, more than 97 percent of them typically fill all of their prescriptions.[5] The current wave of new generics will ease the financial burden on low-income beneficiaries who are not eligible for the maximum subsidy. So will the discounts negotiated for all Part D purchases, even those in the donut hole.

The Dynamics of Competition. Competing plans will have full authority to negotiate pharmaceutical prices, and MMA bars the government from interfering. Plans could employ formularies with tiered copayments involving lower prices for favored brands (the only proven way to obtain substantial manufacturer discounts). Each plan, however, would have to offer drugs from every therapeutic category as defined by the (nongovernmental) U.S. Pharmacopoeia. The category definitions will have a strong influence on competition generally and on the depth of discounting in particular--just one example of the many crucial details yet to be determined. Plans would also have to withstand CMS scrutiny of the reasonableness of their costs.

Subject to these constraints, each plan can work out its own combination of formularies, negotiated discounts, rebates and other cost-sensitive arrangements, prescription and usage monitoring, disease management contracts, and marketing. Plans would only have to maintain "actuarial equivalence" with the standard 25 percent coinsurance plans while respecting the specified deductible and donut hole boundaries.

Notwithstanding these freedoms, the limits to innovation are severe. Plans could not, for example, trade larger cost sharing below the donut hole in return for partial elimination of the hole. Even the limited flexibility permitted in theory may prove elusive when CMS addresses the difficult task of determining the actuarial characteristics of diverse plans that bear no more than a passing resemblance to anything ever seen in the marketplace. An additional factor is that regulations (not yet written, of course) may make it easy for physicians and patients to ignore the restrictions imposed by formularies, which in turn would undermine the ability of alternative plans to negotiate discounts.

Regulation could easily suppress useful competition in other ways. The ability to exploit generic drugs is an example. Roughly 10 percent of the pharmaceutical market is turning generic each year as a result of the current wave of blockbuster patent expirations. Some plans could spend more money on devising ways to accelerate and monitor generic use, especially in the all-important donut hole--where a 20-percent cut in prices would save many beneficiaries far more than it would in the 25 percent coinsurance region. The extent to which CMS would permit such administrative costs as part of the allowable base could prove contentious and hard to predict. Again, some of the most creative and innovative activities may be curtailed. This could be part of a general pressure to cause plans to strongly resemble one another, limiting the scope and vigor of competition.

Of special concern is the bidding process wherein plans gain permission to go to market. This promises to be quite tricky. Premiums will be the difference between the CMS subsidy and projected costs. Because that subsidy would equal 75 percent of the projected costs of the weighted average of all accepted plans, individual firms would not know the size of the subsidy when they submit their bids. Nor could they be sure of their own cost structure. Bidders will not have reliable estimates of either the size or composition of their enrollee population until after the bidding process is complete. They will find it difficult to predict such essential cost elements as negotiated discounts and rebates, pharmacy networks and associated contracts, and innumerable details involving generic drugs, copayment tiers, and the like.

One particular problem is that in order to negotiate selective brand discounts, plans have to offer the possibility of shifting large numbers of enrollees to the favored brands. But the size of each plan's enrolled population will depend strongly on the attractiveness of drug prices that have yet to be determined--something the manufacturers will understand very well as they negotiate with competing bidders. Many of these imponderables are actually familiar to Congress and the U.S. Office of Personnel Management, as the Medicare bidding process resembles the annual negotiations for federal employee health plans. But the new drug plans will be very different from traditional health plans, partly because they will not be simple extensions of ongoing operations. It is not clear how this conundrum can be solved. The danger is that we could end up with a bidding process that generated rather small selective discounts and tends toward a relatively uniform price structure across plans. This would inhibit the vigorous and adventurous drug benefit competition that may be necessary to maintain efficient pharmaceutical use at a reasonable cost.

Finally, it is worth noting that drug plans will have to market aggressively to educate Medicare beneficiaries and attract enrollment. Plans with low premiums may be inferior to plans charging higher premiums but offering more comprehensive lists of preferred drugs. Plans with higher copayments may offer lower drug prices, which translate into savings within the donut hole where enrollees pay the full negotiated price. The informational requirements for making good consumer choices will be substantial. To some extent, intermediaries (perhaps organizations like AARP) will fill the informational gap, but advertising and other promotional tools will also be essential. The extent to which CMS will regulate or limit promotional activities remains unclear, however.

Stand-Alone Drug Plans versus Comprehensive Health Plans. The drug benefit can be provided either as stand-alone drug insurance or as part of the new Medicare Advantage plans, which are explained below. MMA specifies that Medicare Advantage drug benefits must meet essentially the same standards as stand-alone plans. There is some danger, however, that this requirement could prove mischievous.

Drug benefits embedded in a comprehensive health insurance plan are inherently superior to stand-alone plans. Comprehensive health plans avoid the notorious "silo effect" in which medical costs are treated as separate categories, impeding exploitation of the large and mounting synergies between medical technology and health care. MMA's requirement that drug benefits meet the standards of stand-alone plans, including rough actuarial equivalence, risks recreating the silo effect by limiting how the drug benefit may be structured. If comprehensive plans were allowed more freedom to pursue their natural advantages, they might induce more efficient pharmaceutical usage and ultimately pose stronger competition with traditional fee-for-service Medicare and its myriad inefficiencies.

Risk-Bearing versus Cost-Plus Operations. The drug benefit established by MMA carries a substantial risk that the individual plans will rapidly evolve into cost-plus operations with little incentive to restrain costs. One reason is that a large fraction of spending, perhaps on the order of half, will not involve significant enrollee cost-sharing, which is the most effective tool (other than price discounts) for controlling costs.

A second problem is that drug plans may end up bearing relatively little risk for unrestrained costs. A well-designed drug benefit would reward firms for saving money (for themselves and their customers) and would penalize them for spending too much. MMA removes most of the rewards and penalties. If a plan's actual experience (excluding administrative costs) departs from expected experience by more than a "risk corridor" (equal to plus or minus 2.5 percent of their initial projection of cost for the benefit), firms must refund 80 percent of any savings or will be reimbursed 80 percent of any overrun. These percentages gradually decline in later years, but this mechanism is nonetheless a force for making all plans into average plans and making the average firm act like a cost-plus enterprise.

Even that limited level of risk bearing may be absent in many regions. MMA permits CMS to accept plans that assume only "limited" risk, which is presumably even less risk than the usual arrangement with its risk corridors and refunds. Finally, if CMS does not think at least two bids for a specific region are adequate, it can accept bids for plans that are explicitly cost-plus arrangements.

A Path toward Pharmaceutical Price Controls? Medicare price controls for hospital, physician, and other services were born of the attempt to rein in costs that were escalating far beyond predicted levels. Pressure to limit the growth of prescription-drug spending under the new benefit could once again lead Congress to impose price controls, but with potentially more serious consequences.

Two factors suggest that the Medicare drug benefit will prove far more expensive than the current $400 billion estimate for the first ten years. First, the plan may be expanded before it even begins. Many people, especially Democrats and their traditional ally, AARP, want very much to sweeten the benefit. If Congress were to narrow or eliminate the donut hole, the most criticized feature of the bill, the expected costs of the benefit would escalate. The same would be true if Congress were to expand generous low-income subsidies to enrollees with incomes above 135 percent of poverty. AARP has already announced plans to lobby for a smaller donut hole and less stringent means-testing. It has also announced support for direct price negotiations by CMS if prices do not drop in the new system.

Second, even without new legislation, costs might climb far higher than projected. The myriad details of the enabling legislation, combined with regulations to be drafted, seem likely to inhibit the kinds of competition with the greatest potential to restrain costs. Manufacturers' discounts may therefore prove modest. Large regions may be served by a single government-sponsored plan, paid on a cost-plus basis with little incentive to constrain input costs. Even the standard plans, competitive in theory but possibly restrained in practice, may evolve rapidly toward cost-plus arrangements. Numerous experiments with so-called no-fault auto insurance have demonstrated that cost-plus insurance is a route to extravagant costs.

Oddly enough, the least controversial and least discussed part of the new drug benefit--catastrophic coverage for 95 percent of annual costs over $5,100--could turn out to be the most expensive and difficult to control. A number of powerful drugs costing more than $10,000 per year have been introduced in the past few years. These include the new generation of targeted cancer therapies such as Gleevec, Herceptin, Rituxin, and Zevalin ($28,000 per dose); new AIDS drugs including Fuseon; Avonex for multiple sclerosis; Xolair for asthma; and various hepatitis C drugs. We can expect more of these, along with creative new uses of expensive old drugs, paralleling what has happened with medical procedures-such as bone marrow transplants, at well over $100,000 per procedure--and medical devices--such as left ventricular assist devices costing $60,000 each.

Such developments would add to the already sizeable financial obligations imposed on Medicare by MMA. Coupled with rising demands from other parts of the federal budget, Congress may soon face immense pressure to curtail the cost of the drug benefit without reducing its generosity. Such pressures are endemic to Medicare as they are to all state-run health care systems. Beginning in the 1980s, Medicare responded with price controls that rapidly became hideously comprehensive and complicated. Since price controls can become too strict, causing shortages and hindering improvements in care, policymakers have adopted a "watchful waiting" strategy: watch for shortages and gross distortions in the market, and then adjust the controls accordingly. This has happened repeatedly with Medicare price controls over hospitals and physicians. In fact, MMA itself contains numerous adjustments to correct actual or perceived pricing problems (discussed below).

With pharmaceuticals, the situation will be fundamentally different. Drugs typically sell at large margins over manufacturing costs, a necessary result when a small number of successful products recoup research and development (R&D) expenses for a much larger number of unavoidable failures. If CMS pushes pharmaceutical prices well below market levels, shortages will not occur in the supply of existing drugs. Instead, fewer new drugs will reach the Medicare population as private funding for R&D dries up. Investment in high-risk, high-return research is the only promising path toward solutions to the great unsolved medical problems of Alzheimer's, diabetes, congestive heart failure, and many other diseases that plague Medicare patients.

Reforming or Destroying Medicare?

Opponents of the House version of the Medicare bill argued vehemently against the competition provisions, focusing their attacks on the "premium support" program that was to begin in 2010. Under that provision, private health plans would have competed directly with traditional Medicare in local markets, and the premium paid by enrollees in traditional Medicare would increase if private plans could provide services more cheaply. Some critics feared that seniors remaining in the traditional program would see sharply rising premiums as healthier beneficiaries moved to lower-cost private plans.

Politics and pragmatism have reduced the premium-support provision to a six-city demonstration project for what is now called "comparative cost adjustment." That demonstration will probably not be implemented, based on past experience with controversial projects of this sort.[6] That does not satisfy some critics, who continue to fret about undermining traditional Medicare.

MMA is not the revolution that some on the political left fear and some on the right hail. The legislation is simply the latest (but not the last) attempt by Congress to fix problems it created in the Balanced Budget Act (BBA) of 1997--excessive regulation and unrealistic payment rates that did not reflect the costs actually faced by individual health plans.[7] MMA makes some necessary changes in the rules for private health plans in Medicare, but it fails to give seniors the kinds of realistic plan options that are available under the Federal Employees Health Benefits Program (FEHBP).

Prior to the BBA, private health plans (primarily HMOs) were a small but growing alternative to traditional Medi-care. Those plans attracted enrollment by offering additional benefits, mainly prescription-drug coverage. The BBA attempted to expand the types of plans available to Medicare beneficiaries under the newly named Medicare+Choice (M+C) program, but that expansion never occurred and the number of plans participating in M+C plummeted. The proliferation of complex and frequently changing regulatory requirements, formula-driven payment rates that did not keep up with the rising cost of health services, and changes in the broader business climate facing the plans account for that failure.[8]

The Medicare Advantage (MA) program has replaced M+C, and more than just the name has been changed. PPOs, which have become the dominant type of health plan for those under age sixty-five, are expected to enter MA. Plans will be able to offer drug coverage integrated with other health benefits, and all MA plans will operate special programs to help those with chronic illness. Federal payments to plans will be based on a higher benchmark than under M+C, which will attract greater interest in the program. The government will pay health plans based on bids that reflect their cost of services, with adjustments upward or downward for enrollees who are sicker or healthier than average. Lower-cost plans are allowed to share those cost-savings with their enrollees in the form of premium rebates, which could be substantial. Seniors in traditional Medicare will see no change in their premiums because competition is permitted only among the private plans.

In other ways, however, the MA program does not break with mistakes of the past. MA remains heavily prescriptive, specifying in detail how health plans are to operate. To assure a choice of health plans for every Medicare beneficiary, Congress expects some plans to operate in large multi-state regions even though such regions will not coincide with the markets that plans have already established. MMA attempts to force private plans into a government mold, as M+C tried to do unsuccessfully over the past five years. The result is likely to be fewer plan choices available to beneficiaries, less competition among plans, and less downward pressure on costs than would have been possible in a less regulatory environment.

The new law may have strengthened Medicare (including the traditional program), and it has taken steps to revive health plan options for beneficiaries. Competitive bidding in place of arbitrary payment formulas used in M+C will promote cost containment without disrupting the supply of services. Failing to involve all plans (including traditional Medicare) in the bid process will limit the scope of competition, but health plan provisions in MMA clearly intend to foster rather than suppress a competitive market in Medicare.

Tweaking Medicare

Armies of Washington consultants and government bureaucrats devote their careers to tweaking the Medicare program, and the new legislation does little to divert their energies to more wholesome pursuits. Indeed, tweaks are the bread and butter of Medicare legislation. A small change here or there can swing millions of dollars toward (or away from) a specific group of providers. Legislative adjustments, and the regulations that inevitably follow, can change the way providers deliver health care. That can have a significant long-run impact (for good or ill) on the broader health system.

Fully half of the new legislation is devoted to tweaking the current Medicare program without making fundamental changes. Buried in the new law are adjustments in the level and structure of payments to individual health care providers, changes in the rules determining how health care is delivered, modifications in the administration of Medicare, and adjustments in what beneficiaries pay for and how much they pay.

The sheer multitude of payment adjustments and other changes make it difficult to assess how individual groups of providers fared under MMA. Hospitals are a case in point. Medicare payments for inpatient services will increase by the full amount of the government's index of hospital cost inflation in 2004, an increase higher than hospitals typically receive. Between 1991 and 2001, for example, the hospital payment update was less than the inflation index in all but one year.[9] In addition to the general payment increase for hospitals, however, there are numerous payment adjustments that affect various types of hospitals or even specific institutions. The list of affected groups is long: rural hospitals, teaching hospitals, hospitals that treat a large share of low-income patients, "critical access" hospitals, hospitals in states with large populations of illegal aliens, and hospitals that disproportionately use new treatment technologies, among others. Rural counties in seven states have been reclassified, allowing twenty hospitals to receive higher payments typically paid in larger metropolitan areas. A rural community hospital demonstration program will pay higher rates to fifteen small rural hospitals. A hospital in Saginaw, Michigan, that would have no longer qualified for certain Medicare payments is now allowed to retain them.[10]

That list barely scratches the surface of payment adjustments made by MMA, but it gives some idea of the amount of effort that is expended every year to fine-tune Medicare's complex price-fixing schemes. Political fine-tuning moves resources around the health system and changes provider and consumer behavior in ways that can be unintended and unwanted. Worse still, political gridlock often delays actions that might correct those unforeseen consequences.

Physician payment is an example. Congress is gradually undoing a provision from 1997 that keeps Medicare spending for physician services under control--too tightly. Automatic across-the-board cuts in doctors' fees have created a political uproar. An increasing number of physicians refuse to see new Medicare patients because their fees have been cut and they cannot increase their charges to patients. Despite these disruptions, the 1997 provision has not successfully slowed the growth of Medicare spending; outlays for physician services in 2002 grew by $3 billion even with a fee reduction of 5.4 percent. MMA reversed the automatic fee cuts in 2004 and 2005, but did not otherwise seek to reform a clearly unmanageable price-fixing system.

One of the most startling tweaks in MMA effectively halts the development of new specialty hospitals for the next eighteen months. Responding to Medicare's generous reimbursement policies, certain physician specialists (such as orthopedic or cardiac surgeons) have begun to move their practices from general hospitals to specialized hospitals in which they have a financial interest. That has seriously cut into the revenues of some general hospitals, which have broader responsibilities to provide emergency services and act as a health safety net in their communities. Congress has temporarily halted this reaction to the existing Medicare price incentive by imposing more regulation, this time directly on the supply of services. Whatever the merits of the case, the political solution of piling one regulation on another cannot resolve the underlying misallocation of resources caused by government controls.

The Shape of Things to Come

Congress and the president redefined the boundaries of politically acceptable Medicare policy with the Medicare Prescription Drug, Improvement, and Modernization Act. As with all compromises, some boundaries have been stretched while others remain rigidly in place.

Every Medicare beneficiary will at last be able to buy prescription-drug coverage, and most will. Beneficiaries will have new choices of health plans, which in turn will be attracted to the Medicare Advantage model by the higher payment rates and the ability to bid competitively. Some of the problems with provider payment in traditional Medicare have been resolved, albeit temporarily. Quality improvement initiatives have been advanced, including new ways of managing the care of high-cost and chronically ill patients.

At the same time, the drug benefit threatens to displace the substantial private coverage already available in the market. MMA does not fund the new benefit, placing a tremendous additional financial burden on younger generations. Medicare Advantage will not reduce program spending, at least in the short run, and regulatory burdens that contributed to the collapse of Medicare+Choice could resurface in the new program. Congress remains wedded to complex price-setting schemes and has signaled a new interest in directly controlling the allocation of health system resources. The drug benefit could easily evolve into yet another comprehensive system of price controls.

We cannot know at this point how the new law will turn out. For all of its complexity and length, MMA is an incomplete outline to guide the development of Medicare in the coming years. The legislation leaves substantial discretion to CMS, and undoubtedly there are undiscovered omissions and contradictions in the law that will have to be resolved.

Perhaps the deepest mystery is how MMA will shape the American health care system. The new law attempts to balance a step toward comprehensive single-payer health care with promising steps in the opposite direction. These include the competitive aspects of the drug benefit, the resurrection of PPOs and managed care, and (looking beyond Medicare) the potentially very substantial role of Health Savings Accounts--which may yet stake out a path away from the low-deductible, low-copayment, employer-based model for prepaid health care and instead more toward true health insurance.

Notes

1. Kaiser Family Foundation, "Knowledge about News: Medicare Prescription Drug Bill," available at http://headlines.kff.org/healthpollreport/templates/detail.php?page=2&feature=hni (accessed on January 21, 2004).

2. U.S. House of Representatives, Medicare Prescription Drug, Improvement, and Modernization Act of 2003: Conference Report to Accompany H.R. 1 (Washington: Government Printing Office, 2003).

3. U.S. General Accounting Office, Prescription Drug Discount Cards: Savings Depend on Pharmacy and Type of Card Used (Washington: GAO, September 2003), p. 4.

4. Ellen E. Schultz and Theo Francis, "U.S. Drug Subsidy Benefits Employers," Wall Street Journal, January 8, 2004; letter from Chairman Bill Thomas, Ways and Means Committee, to Secretary Tommy Thompson, HHS, January 16, 2004.

5. Benjamin M. Craig, David H. Kreling, and David A. Mott (2003) "Do Seniors Get the Medicines Prescribed for Them? Evidence from the 1996-1999 Medicare Current Beneficiary Survey, Health Affairs, v. 22, n. 3, p. 175-182 (May-June).

6. Len M. Nichols and Robert D. Reischauer, "Who Really Wants Price Competition in Medicare Managed Care?," Health Affairs, vol. 19, no. 5 (September-October 2000), pp. 30-43; Sarah Lueck and David Rogers, "Medicare Test May Prove Moot," Wall Street Journal, November 21, 2003; and Milt Freudenheim, "Medicare Plan for Competition Faces Hurdles," New York Times, November 28, 2003.

7. Previous legislative fixes were attempted in the Medicare Balanced Budget Refinement Act of 1999 and the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000.

8. Bruce M. Fried and Janice Ziegler, The Medicare+Choice Program: Is it Code Blue?, Washington: ShawPittman, June 8, 2000; and Marsha Gold, "Medicare+Choice: An Interim Report Card," Health Affairs, vol. 20, no. 4 (July-August 2001), pp. 120-138.

9. Medicare Payment Advisory Commission, Report to Congress: Medicare Payment Policy (Washington: MedPAC, March 2003), Table D-1, p. 266.

10. Christopher Lee, "Medicare Bill Partly a Special Interest Care Package," Washington Post, November 23, 2003.

Joseph Antos is the Wilson H. Taylor Scholar in Health Care and Retirement Policy at AEI. John E. Calfee is a resident scholar at AEI.

Posted by maximpost at 3:23 PM EST
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North Korea Ups Stakes With Missile Peddling in War of Nerves With Washington
By Hans Greimel
Associated Press Writer
SEOUL, South Korea (AP) - North Korea's latest missile peddling in sub-Saharan Africa underlines some of Washington's worst fears as talks stall on dealing with the communist country's nuclear weapons programs.
Some worry the cash-starved regime could next start selling nuclear arms while Washington holds out for better ground rules for negotiations. With no sign of a breakthrough, each country says time is on its side.
"It's a waiting game, a game of chicken," said Kim Sung-han, a North Korea expert at the Institute of Foreign Affairs and National Security, an affiliate of South Korea's Foreign Ministry. "North Korea is trying to coax the United States into negotiations, and the United States says conditions aren't right yet."
Wednesday's revelation that North Korea was discussing a possible deal to share missile technology with Nigeria, a country far from its traditional customer base in the Middle East, ratchets up the tensions.
"North Korea is sending the message that we are already exporting the delivery systems for weapons of mass destruction, so how would you like it if we started exporting nuclear matter as well," Kim said.
South Korean Unification Minister Jeong Se-hyun said Thursday that talk of a Nigerian deal smacked of a power play.
"I see it as a tactic by North Korea to arouse anxiousness from the United States ahead of the second round of six-nation talks," Jeong said at a regular briefing.
The United States, China, Russia, Japan and the two Koreas have been struggling to reconvene another round of six-nation talks on the North's nuclear programs since a first round ended in Beijing in August without much progress.
Voices from inside the United States are increasingly urging Washington to pocket North Korea's offer to freeze its nuclear programs as a first step toward their eventual dismantlement.

Sen. Joseph Biden, the top Democrat on the U.S. Senate Foreign Relations Committee, has accused the Bush administration of dangerous delays. This week, he proposed that the United States offer a nonaggression pact to North Korea to try to stop its nuclear weapons program.
North Korea has publicly pledged not to export its nuclear technology. But the North's chief negotiator, Ri Gun, told U.S. Assistant Secretary of State James Kelly last April that his country was prepared to test, export or use nuclear weapons, depending on U.S. intentions, according to U.S. officials.
North Korea has since proposed suspending its nuclear programs if Washington lifts sanctions against the communist state, resumes oil shipments, and removes the North from its list of countries that sponsor terrorism.
The United States says North Korea must first verifiably begin dismantling its nuclear programs before receiving any concessions.
Washington's stance is based partly on the belief that North Korea's crumbling economy can't hang on.
"If the resolution of the nuclear issue is delayed, it's disadvantageous for North Korea in terms of the economy and reactions from neighboring countries and the international community," South Korean Defense Minister Cho Young-kil said Thursday.
But a former U.S. State Department official, who visited North Korea's secretive Yongbyon nuclear site on Jan. 8 as part of an unofficial U.S. delegation, derided the notion that the country could collapse because of economic decline.
"Don't wait," Charles Pritchard said. "It's not going to happen."
AP-ES-01-29-04 1400EST
This story can be found at: http://ap.tbo.com/ap/breaking/MGAHQ9171QD.html
------------------------------------------------
North Korea offers Nigeria missile deal
By Nicholas Kralev
THE WASHINGTON TIMES
North Korea has offered to sell Nigeria advanced missile technology, the Nigerian government said yesterday, prompting the United States to warn its African ally that it might face sanctions if it strikes a deal with Pyongyang.
Nigerian officials yesterday issued vague and contradictory statements about their intentions and the missile type on offer, although they acknowledged seeking ballistic-missile technology for "peaceful" purposes.
A sale would mark the first time that such technology has been introduced into sub-Saharan Africa, raising the prospect of a costly new arms race among some of the world's poorest and least-stable nations.
A North Korean delegation "came to us wanting a memorandum of understanding signed with us toward developing missile technology, and training and manufacture of ammunition," a spokesman for Nigerian Vice President Atiku Abubakar was quoted as saying.
The delegation, led by Yang Hyong-sop, vice president of the Presidium of the Supreme People's Assembly, discussed the proposal with Mr. Abubakar during a five-day visit to Abuja, the Nigerian capital.
The spokesman, Onukaba Ojo, was quoted by the Reuters news agency as saying that a memorandum would be signed soon.
The state-run News Agency of Nigeria also said that Mr. Abubakar had "expressed an interest in signing a defense pact with North Korea on the grounds that the Asian country was developed in that area."
That statement did not specify whether the missile sale would be part of the agreement. However, Agence France-Presse quoted Mr. Ojo as saying: "There hasn't been any interest shown on our side."
The United States, which is trying to undercut the North's ability to sell missile and nuclear technology around the world, said that rejecting Pyongyang's pitch would be "the right step" for Nigeria.
"We'd welcome a decision to turn down any such offers from North Korea," State Department spokesman Richard Boucher told reporters. "We want to stop North Korea's missile activities, and we've gone to many countries to try to encourage them not to buy."
Another State Department official said that a deal could result in sanctions against both seller and buyer.
"The United States is committed to using all available measures, including interdictions and sanctions, when warranted, against North Korea's missile activities and those of its missile customers," the official said.
"The United States will continue to closely monitor missile-related trade involving North Korea and work with other like-minded countries taking steps to address such activities."
The Bush administration, along with 11 allied governments, began an effort last year to intercept illegal arms shipments on the high seas from rogue states, such as North Korea and Iran.
The plan, known as the Proliferation Security Initiative, is aimed at preventing lethal weapons from falling into the hands of terrorists and dictators.
Washington has named North Korea as the world's largest exporter of ballistic missiles. It maintains that the profits from those sales go for developing nuclear-weapons programs.
The two countries are locked in a bitter standoff, which the Bush administration is trying to resolve in six-party talks along with China, Japan, South Korea and Russia.
The North is reported to have shared its technology with Libya, Syria, Iran, Yemen, Pakistan and Saddam Hussein's regime in Iraq.
Mr. Ojo insisted yesterday that Nigeria's interest in acquiring missiles does not mean it is pursuing weapons of mass destruction.
"I'm sure that Nigeria is not dreaming of nuclear weapons at all, just missile technology," he was quoted as saying. "If you are acquiring technology for peaceful purpose, I don't think that should make our allies uneasy."
Nigeria, the most populous African nation with 126 million people, is the fifth-largest oil supplier to the United States. It receives substantial military and law-enforcement assistance from Washington.
It also has the strongest military in the region and often plays a leading role in peacekeeping missions, such as the one currently in Liberia.
Despite U.S. concerns about corruption and crime, the government of President Olusegun Obasanjo has good relations with the United States, although it is seeking new allies in Asia and other parts of the world.
During a visit to Nigeria last year, President Bush praised Mr. Obasanjo for his leadership on the African continent.
------------------------------------------------------------------

S. Korea Plays Down North's Missile Deal
By SOO-JEONG LEE
Associated Press Writer
SEOUL, South Korea (AP) -- South Korea played down a North Korean offer to provide missile technology to Nigeria, saying Thursday it was a tactic to gain leverage ahead of a possible second round of talks on the North's nuclear weapons programs.
A Nigerian government spokesman said Wednesday his country had a memorandum of understanding with North Korea to share missile technology, but said no hardware acquisitions had yet been made or decided.
Kim Kisu, second secretary of the North Korean Embassy in Nigeria's capital of Abuja, later said no deal had been closed.
Weapons sales are a major source of revenue for financially strapped North Korea, but it is unusual for one of its clients to publicly talk about a possible deal.
South Korean Unification Minister Jeong Se-hyun said it remained unclear whether Nigeria had accepted the offer, but he didn't think the issue would cause many problems.
"I see it as a tactic by North Korea to arouse anxiety from the United States ahead of the second round of six-nation talks," Jeong said in a regular briefing.
North Korea is known to try to raise stakes ahead of crucial talks to gain leverage.
Chinese Foreign Ministry spokeswoman Zhang Qiyue said her government "noted" Nigeria's assertion that its trade with North Korea is unrelated to nuclear weapons or weapons of mass destruction.
"We attach importance to this question, and we oppose the proliferation of nuclear weapons and delivery systems," she said. "We have adopted a series of measures including comprehensive export control regulations. Our policy has been clear-cut."
Efforts are under way to reopen a second round of talks on the North Korean nuclear crisis. The first round, involving the United States, China, Japan, Russia and the two Koreas, ended without much progress in August.
A Chinese Foreign Ministry spokeswoman said Thursday that diplomats have been working through the Lunar New year holiday and "busily preparing" for the next round of talks, but no date has been set.
"We hope they can take place as soon as possible, so for the past days, weeks, even during Chinese New Year, the officials at all levels have been consulting with relevant parties," the spokeswoman Zhang Qiyue said. The one-week New Year holiday ended Wednesday.
Also Thursday, Deputy U.S. Secretary of State Richard Armitage was scheduled to arrive in Beijing to discuss bilateral issues with Chinese officials, Zhang said, although she wouldn't confirm that North Korea was on the agenda.
South Korean officials have expressed hope for more talks next month, but Defense Minister Cho Young-kil said Thursday that North Korea was unlikely to "completely" give up its nuclear programs.
"Considering the characteristics of North Korea's regime, chances are slim that North Korea will completely give up its nuclear programs, and many conflicts and difficulties are expected in the process of resolving the North Korean nuclear issue," Cho said.
The nuclear dispute flared in October 2002 when U.S. officials accused North Korea of running the uranium program in violation of a 1994 deal requiring the North to freeze its nuclear facilities. But North Korea has since denied ever having a uranium program.
Copyright 2004 Associated Press. All rights reserved.
------------------------------------------------------

Five Saudi Police Die Catching Terrorist Suspect, Reuters Says
Jan. 29 (Bloomberg) -- Five Saudi Arabian police officers were killed in a gunfight today which ended with the capture of a suspected terrorist in the capital, Riyadh, on the eve of the annual Muslim Hajj pilgrimage, Reuters reported, citing a Saudi Interior Ministry statement.
The policemen died in a gunbattle in the Faiha residential district in the east of the city, Reuters quoted the statement, read on state television, as saying. The identity of the suspect wasn't immediately known. Some accomplices were taken and arms and grenades were seized, Reuters said, citing the statement.
Saudi security forces are on the alert before tomorrow's start of the Hajj, a pilgrimage to the holy city of Mecca that able-bodied Muslims are required to make at least once in a life- time. Two weeks ago, the Interior Ministry said police had found 300 explosives belts of a kind used in suicide bombings in a six- month anti-terrorist campaign.
The Saudi government has blamed the al-Qaeda terrorist network for suicide bombings at housing complexes in November and May last year that killed 43 people. Saudi security services arrested more than 200 people on terrorism-related charges after the May attacks.
(Reuters, 1-29)
Last Updated: January 29, 2004 11:54 EST

Posted by maximpost at 2:50 PM EST
Updated: Thursday, 29 January 2004 11:50 PM EST
Permalink

SPIEGEL ONLINE - 29. Januar 2004, 17:25
URL: http://www.spiegel.de/wirtschaft/0,1518,284108,00.html
Poker um Aventis

Angst vor dem Dolchsto? aus Kuweit

Von Matthias Streitz

Ein Machtwort der Scheichs konnte den Kampf um Aventis entscheiden: Noch halt die Kuwait Petroleum Corporation, wichtigster Gro?aktionar des Pharmakonzerns, zu den bedrangten Managern. Doch viele Beobachter glauben, dass die Araber der feindlichen Ubernahme zustimmen konnten - wenn der Angreifer Sanofi-Synthelabo nur genug bietet.



DPA
Aventis-Zentrale in Stra?burg: Ratselraten uber die Loyalitat des Gro?investors
Stra?burg - Seham Razzouqi ist eine Frau, die im Stillen Einfluss ausubt. 53 Jahre alt ist die geburtige Kuweiterin, die in den USA Betriebswirtschaft studierte. In ihrem Heimatland hat sie fruh Karriere gemacht. Schon mit 31 stieg sie zur Vize-Staatssekretarin auf. Seit Jahren vertritt sie Kuweit in der Erdolorganisation Opec.
Seham Razzouqi ist auch oft in Europa unterwegs - unter anderem, weil sie im Aufsichtsrat des franzosisch-deutschen Pharmakonzerns Aventis sitzt. Um den tobt nach dem feindlichen Milliardengebot des Rivalen Sanofi-Synthelabo ein heftiger Ubernahmekampf. Und in dem konnte die wenig bekannte Firmenkontrolleurin eine wichtige Rolle spielen.

Denn Razzouqi vertritt die Kuwaiti Petroleum Corporation (KPC), den mit Abstand bedeutendsten Aventis-Aktionar. 13,5 Prozent aller Anteile halt die staatseigene Firma aus dem Golfemirat. Die Vereinigung der Aventis-Mitarbeiter, Asave, vertritt dagegen gerade mal vier Prozent des Kapitals.

"Eine Frage des Preises"

Ob Sanofis Attacke Chancen auf Erfolg hat - das hangt unter anderem auch von der Haltung der Kuweiter ab. Ein denkbares Szenario: Die KPC konnte inmitten der Ubernahmeschlacht die Seiten wechseln und damit ein Signal setzen. Wenn die Kuweiter vorangehen, konnten andere Aktionare folgen und die feindliche Offerte annehmen. Sanofi-Chef Jean-Francois Dehecq hatte gewonnen.



AP
Pressekonferenz des KPC-Managements (Archivbild): Beteiligung "nicht von strategischer Bedeutung"
Als sich der Aufsichtsrat am Mittwoch zu einer Notstandssitzung traf, war auch Razzouqi mit dabei. Das wird in der Ad-hoc-Mitteilung, die Aventis hinterher herausgab, eigens vermerkt - Indiz fur die Bedeutung der Kuweiter. Bisher halt der Gro?aktionar loyal zum Aventis-Management um Vorstandschef Igor Landau. Wie alle anderen anwesenden Aufsichtsrate stimmte Razzouqi dafur, Sanofis feindliche Offerte abzulehnen. Das Gebot liege nicht im besten Interesse des Konzerns, hie? es hinterher in der Mitteilung.
Ob die Kuweiter so loyal bleiben - daruber wird an den Finanzmarkten nun munter spekuliert. Viele Analysten glauben, dass die KPC im Prinzip mit dem Sanofi-Angebot einverstanden ist und dass sie sich vor allem an einem stort: an der gebotenen Summe von rund 46 Milliarden Euro.

Sanofi will die Kuweiter umwerben

"Ich habe mehrfach vernommen, dass die KPC uberlegt, sich von ihrem Aventis-Paket zu trennen", sagt etwa Oliver Kopp, Pharma-Analyst bei der ING BHF Bank. Fur die KPC sei die Beteiligung an Aventis "nicht von strategischer Bedeutung", sondern ein reines Finanzinvestment. Ob die Kuweiter ihre Aktien an Sanofi verkaufen oder nicht - das ist nach Einschatzung Kopps deshalb vor allem eine "Frage des Preises".

Auch der Angreifer, Sanofi-Chef Jean-Francois Dehecq, wei? um den Einfluss der Kuweiter - und versucht sie auf seine Seite zu ziehen. Im Interview mit der "Frankfurter Allgemeinen Zeitung" sagte er uber die KPC: "Das ist naturlich ein sehr bedeutender Aktionar." Bisher habe er sich zwar nicht mit KPC-Vertretern getroffen. Das aber wolle er nachholen.

Eilige Visite im Emirat

Bisher hat sich die KPC bei Aventis durch gro?e Loyalitat ausgezeichnet. Schon im Jahr 1982 trat der kuweitische Staatskonzern als Gro?aktionar bei der Hoechst AG auf, die 1999 mit dem franzosischen Pendant Rhone-Poulenc zu Aventis fusionierte. Bis dahin hielt die KPC rund 25 Prozent an Hoechst. Die hoch liquiden Kuweiter beteiligten sich Anfang der achtziger Jahre Jahren auch an anderen europaischen Konzernen, so etwa an BP und an Daimler-Benz.



DPA
Fruherer Hoechst-Chef Dormann: Dem Druck des Investors nachgegeben
Mit dem fallenden Olpreis aber verschlechterte sich die Finanzlage der KPC - der Konzern uberdachte einige seiner Investments. Ihre BP-Beteiligung etwa haben die Kuweiter schon 1997 spurbar verringert. Bei Hoechst und Aventis hielten sie an ihrem Engagement fest. Brenzlig wurde die Lage nur 1999: Die KPC war mit den Konditionen fur die Fusion von Hoechst und Rhone-Poulenc nicht zufrieden. Der Deal drohte zu scheitern. Hoechst-Chef Jurgen Dormann jettete personlich in das Golf-Emirat, um die Kuweiter umzustimmen. Auf ihren Druck hin mussten Hoechst und Rhone die Firmenehe schneller vollziehen als geplant.
Kuweitische Geheimniskramer

Im Duell Aventis gegen Sanofi bluhen die Spekulationen uber einen Seitenwechsel der Kuweiter auch deshalb, weil die KPC Markte und Medien im Unklaren uber ihre Haltung lasst. Offentlichkeitsarbeit betreibt der Konzern kaum. Ein Sprecher war am Donnerstag fur SPIEGEL ONLINE nicht zu erreichen. Eine Anfrage per E-Mail blieb unbeantwortet. Letztlich seien alle Theorien uber die Haltung der KPC daher "Kaffeesatzleserei", sagt ein Aventis-Aufsichtsrat. Nach welchen Kriterien die Kuweiter entscheiden - das sei kaum vorherzusagen, selbst fur Firmeninsider.

Analyst Alexander Groschke von der Landesbank Rheinland-Pfalz glaubt trotzdem , dass die Kuweiter durchaus zu Sanofi uberlaufen konnten. Die Kuweitern seien vor allem auf "Profitmaximierung" aus, da sei die Treue zu Aventis kein Wert an sich. Die eigentliche Frage sei aber: Wird Sanofi-Chef Dehecq seine Milliardenofferte nachbessern oder nicht - und die Kuweiter damit uberhaupt in Versuchung fuhren konnen.

BHF-Experte Kopp halt fur "relativ realistisch, dass da noch was kommt" und die Offerte verbessert wird. LRP-Analyst dagegen glaubt, dass Sanofi sich eine Erhohung des Gebotes finanziell gar nicht leisten kann.

Groschke halt ein anderes Szenario fur plausibel: Aventis startete eine Gegenoffensive und ubernimmt Sanofi - zu Aventis' Konditionen. Auch dann waren die Kuweiter wieder als Gro?aktionare mit im Boot.

? SPIEGEL ONLINE 2004
Alle Rechte vorbehalten
Vervielfaltigung nur mit Genehmigung der SPIEGELnet GmbH
----------------------------------------------------

SPIEGEL ONLINE - 29. Januar 2004, 17:15
URL: http://www.spiegel.de/politik/ausland/0,1518,284109,00.html
Gefangenenaustausch

Lobeshymnen auf die Terror-Miliz

Nach sieben Stunden war alles vorbei. Der gro?te Gefangenenaustausch in der Geschichte des Nahostkonflikts wurde heute auf dem Flughafen Koln/Bonn zwischen Israel und der Hisbollah abgeschlossen. Mehrere tausend Kilometer entfernt wurden die von Israel freigelassenen Palastinenser begeistert empfangen.

REUTERS
Koln/Bonn: Der Airbus hebt Richtung Beirut ab
Koln/Tarkmija (Westjordanland) - Die Flugzeuge waren punktlich, und sie kamen im Schutz der Nacht. Kurz hintereinander landeten auf dem Flughafen Koln-Bonn am Donnerstagmorgen gegen 7 Uhr ein grauer Airbus der deutschen und eine wei?e Boeing 707 der israelischen Luftwaffe. Der mit Spannung erwartete Gefangenenaustausch zwischen Israel und der islamistischen Hisbollah-Miliz hatte begonnen.
Geheimhaltung und Abschirmung des vom deutschen Geheimdienstkoordinator Ernst Uhrlau in langjahrigen Bemuhungen vermittelten Deals waren fast perfekt. Der militarische Teil des Flughafens, auf dem der Austausch stattfand, war von starken Kraften eines Wachdienstes und der Feldjager abgeriegelt. Auch Hunde waren im Einsatz. Journalisten durften die sonst freie Durchfahrt zur Abfertigung des militarischen Teils, von wo fruher die offiziellen Reisen der Regierungsmitglieder aus Bonn begannen, nicht mehr passieren.

Offizielle Auskunfte uber den Ablauf gab es nicht. Dennoch sahen Beobachter aus etwa 1,5 Kilometer Entfernung aufschlussreiche Vorgange: Etwa zehn Minuten vor 7 Uhr, gut eine Stunde vor Sonnenaufgang, rollte ein Luftwaffen-Airbus von der Landesbahn zum militarischen Teil, blieb dort aber nicht wie ublich auf dem von Bogenlampen erhellten Vorfeld stehen, sondern rollte sofort in einen gro?en Hangar.

Nur die Airbus-Heckflosse war noch zu sehen

Gut zehn Minuten spater landete ein vierstrahliger Jet auf dem schon zu dieser Zeit geschaftigen Flughafen. Auch er rollte zum militarischen Teil. Im fahlen Lampenschein konnte die Maschine als israelische Boeing 707 identifiziert werden. Sie wurde im selben Hangar links neben dem Airbus geparkt. Dann schlossen sich die Tore, bis nur noch die Heckflosse des Airbus von au?en zu sehen war. Was innen vorging, war nicht zu beobachten.

Der Airbus kam aus Beirut und hatte nach Angaben aus israelischen Sicherheitskreisen den von der Hisbollah seit dem Jahr 2000 festgehaltenen Kaufmann Elhanan Tannenbaum und die sterblichen Uberreste von drei ebenfalls im Jahr 2000 in Libanon verschwundenen israelischen Soldaten an Bord. In der in Tel Aviv gestarteten israelischen Maschine kamen 29 Haftlinge aus israelischen Gefangnissen, darunter die Hisbollah-Fuhrer Mustafa Dirani und Scheich Abdul Karim Obeid, sowie sowie der zum Islam konvertierte Deutsche Steven Smyrek, der wegen Vorbereitung eines Selbstmordanschlags 1999 in Israel verurteilt worden war.

Nach etwa 90 Minuten wurde der graue Airbus mit Luftwaffenkennung aus dem Hangar gezogen und durch einen wei? lackierten Airbus mit der Aufschrift "Bundesrepublik Deutschland" ersetzt, der normalen Reisemaschine des Bundeskanzlers und anderer hochrangiger Politiker. Dann hie? es wieder warten, bis die Identitat der toten Israelis durch bereits am Mittwoch angereiste israelische Gerichtsmediziner bestatigt war. Dann erst konnte in Israel die Freilassung von 400 Gefangenen direkt in die Palastinensergebiete und nach Libanon beginnen.

Nach sechs Stunden, kurz nach 13 Uhr, kam Bewegung auf. Die Maschine der deutschen Flugbereitschaft wurde aus dem Hangar gezogen und auf dem Vorfeld betankt. Plotzlich setzte dichtes Schneetreiben ein; das Flugzeug in 1,5 Kilometer Entfernung war nicht mehr zu sehen. Als sich der Schneesturm legte, war die Betankung und Enteisung des Airbus noch im Gange. Kurz darauf verlie? auch die israelische Boeing den Hangar.

DPA
Gaza: Ein palastinensischer Haftling wird von seinen Verwandten begru?t
Um 14.05 Uhr, rund sieben Stunden nach ihrer Ankunft, rollte die israelische Luftwaffenmaschine mit der Kennung 272 zur Startbahn. Der Airbus 10-21 folgte unmittelbar, startete aber sogar vor den Israelis. Um 14.17 Uhr hob der Airbus ab Richtung Beirut, die israelische Maschine folgte drei Minuten spater.
Die Freigelassenen kussten den Boden der Heimat

Mit Lobeshymnen an die Hisbollah begru?ten unterdessen viele Palastinenser an den Grenzubergangen zu den Autonomiegebieten die Freilassung von 400 Gefangenen aus israelischer Haft. In Tarkmija im Suden des Westjordanlands warfen sich die Freigelassenen nieder und kussten den Boden, als sie aus den Bussen stiegen. Familienangehorige und Anwohner nahmen sie mit gro?em Jubel in Empfang. Viele schwenkten Fahnen mit den Farben der Hisbollah und priesen deren Fuhrer Hassan Nasrallah. "Wir danken der Hisbollah, dass sie an ihre palastinensischen Bruder gedacht hat", sagte Palastinenserchef Jassir Arafat.

Freigelassene berichteten, sie hatten den ganzen Vormittag im Bus auf das Signal fur den Gefangenenaustausch gewartet - die Bestatigung, dass die Hisbollah ihren Teil der Vereinbarung erfullt hatte. Kurz nach 12 Uhr (Ortszeit) bestatigten israelische Gerichtsmediziner, dass es sich bei den von der Hisbollah nach Deutschland uberstellten Leichen tatsachlich um die sterblichen Uberreste von drei in Libanon vermissten israelischen Soldaten Handelte.

REUTERS
Wieder in Freiheit: Ehanan Tannenbaum
Nach der Entlassung von insgesamt 429 Gefangenen befinden sich in Israel noch rund 7000 Palastinenser in Haft, einige davon werden ohne Anklage festgehalten. Einer der Freigelassenen berichtete, viele seiner Mitgefangenen hatten geweint, als sie horten, dass sie im Gefangnis bleiben mussten. Zwei Drittel der 400 vorzeitig entlassenen Palastinenser waren auch ohne den Austausch noch in diesem Jahr freigekommen.
Mohammed Dschomma, der ebenfalls am Donnerstag entlassen wurde, glaubt, dass die Freilassung der ubrigen Gefangenen nur durch gewaltsame Aktionen zu erreichen sei. "Politische Losungen haben versagt", sagte der 25-Jahrige, der seine eigene nur durch den Austausch ermoglichte Entlassung offenbar als Erfolgsbeweis fur die Hisbollah wertete. Er hoffe, dass Hisbollah-Chef Nasrallah weitermachen werde, sagte er.

Von Joachim Sondermann und Lara Sukhtian , AP

? SPIEGEL ONLINE 2004
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Anti-war nations 'took bribes' before war began
Investigation launched into claims that Saddam Hussein used oil to win support around the world
By Anne Penketh
28 January 2004
http://news.independent.co.uk/world/middle_east/story.jsp?story=485407
Claims that dozens of politicians, including some from prominent anti-war countries such as France, had taken bribes to support Saddam Hussein are to be investigated by the Iraqi authorities. The US-backed Iraqi Governing Council decided to check after an independent Baghdad newspaper, al-Mada, published a list which it said was based on oil ministry documents.
The 46 individuals, companies and organisations inside and outside Iraq were given millions of barrels of oil, the documents show. Thousands of papers were looted from the State Oil Marketing Organisation after Baghdad fell to US forces on 9 April.
"I think the list is true," Naseer Chaderji, a Governing Council member, said. "I will demand an investigation. These people must be prosecuted." Rumours had circulated for months that documents implicating senior French individuals were about to surface. Such evidence would undermine the French position before the war when President Jacques Chirac staked out the moral high ground in opposing the invasion.
A senior Bush administration official said Washington was aware of the reports but refused further comment. Another US source said that incriminating oil ministry documents allegedly implicating France concerned the two-year period before the war, when the UN sanctions were in danger of collapse.
French diplomats have dismissed any suggestion that their foreign policy was influenced by payments from Saddam. The French have always insisted their anti-war stance did not mean support for Saddam. But British diplomats suspected France's steadfast opposition to the war was driven by something other than the reasons stated by President Chirac. "Oil runs thicker than blood," is how one former ambassador put his suspicions about the French motives for opposing action against Saddam.
The list quoted by al-Mada included members of Arab ruling families, religious organisations, politicians and political parties from Egypt, Jordan, Syria, the United Arab Emirates, Turkey, Sudan, China, Austria, France and other countries. But no names were available last night.
Organisations named include the Russian Orthodox Church and the Russian Communist Party, India's Congress Party and the Palestine Liberation Organisation. The United States and Britain launched the war on Iraq on 19 March, 2003 without UN approval after tense negotiations in the Security Council collapsed in the face of a veto threat from France. France's relations with Britain and the US deteriorated to their worst point in decades over the Iraq rift, and have yet to heal.
China, another Security Council permanent member with veto power which is named by al-Mada, was also opposed to the Iraq invasion. Arab countries, in addition to France, had warned of the risk of instability spreading throughout the Middle East as a result of the war. Turkey, a Nato member, was a crucial player because of the opposition to the war among its Muslim majority population. There is the possibility that the documents in al-Mada are forgeries. At present there is almost a war of documents under way as Iraqis come to the realisation that they could be used as blackmail or as a settling of scores. And the leak of the documents could be a manipulation by the US-backed authorities in Iraq to discredit France.
The Iraqi authorities will be keen to interview prominent Iraqi officials held by the Coalition Provisional Authority who could shed light on illegal payments. Those officials include the former oil minister, Amer Mohammed Rashid. Assem Jihad, an oil ministry spokesman, said the documents stolen from his ministry may prove Saddam used bribery to gain support. "Anyone stealing Iraqi wealth will be prosecuted," he said.
Although under sanctions from the 1990 invasion of Kuwait until after the second Gulf War, the Iraqi government could sell oil under a UN agreement that proceeds from the oil sales be used to buy food, medicine and basic supplies.
Some international companies selling goods to Iraq may have paid commissions to Iraqi officials that were deposited in Arab banks in exchange for contracts under the oil for food deal. A paper trail should exist.
Saddam smuggled out billions of dollars worth of oil through Turkey, a Syrian pipeline and Iranian coastal waters. The Americans turned a blind eye to the smuggling via Turkey, because they needed to keep their Nato ally on board.

---------------------------------------------------------------------
Iraqi govt. papers: Saddam bribed Chirac
http://washingtontimes.com/upi-breaking/20040128-094014-7323r.htm

BAGHDAD, Iraq, Jan. 28 (UPI) -- Documents from Saddam Hussein's oil ministry reveal he used oil to bribe top French officials into opposing the imminent U.S.-led invasion of Iraq.
The oil ministry papers, described by the independent Baghdad newspaper al-Mada, are apparently authentic and will become the basis of an official investigation by the new Iraqi Governing Council, the Independent reported Wednesday.
"I think the list is true," Naseer Chaderji, a governing council member, said. "I will demand an investigation. These people must be prosecuted."
Such evidence would undermine the French position before the war when President Jacques Chirac sought to couch his opposition to the invasion on a moral high ground.
A senior Bush administration official said Washington was aware of the reports but refused further comment.
French diplomats have dismissed any suggestion their foreign policy was influenced by payments from Saddam, but some European diplomats have long suspected France's steadfast opposition to the war was less moral than monetary.
"Oil runs thicker than blood," is how one former ambassador put his suspicions about the French motives for opposing action against Saddam.
Al-Mada's list cites a total of 46 individuals, companies and organizations inside and outside Iraq as receiving Saddam's oil bribes, including officials in Egypt, Jordan, Syria, the United Arab Emirates, Turkey, Sudan, China, Austria and France, as well as the Russian Orthodox Church, the Russian Communist Party, India's Congress Party and the Palestine Liberation Organization.


----------------------------------------------------------------------
William Safire: Follow the money
By William Safire
Op-Ed Columnist, New York Times
Why do you suppose France and Russia -- nations that for years urged the lifting of sanctions on oil production of Saddam's Iraq -- are now preventing an end to those U.N. sanctions on free Iraq?
Answer: the Chirac-Putin bedfellowship wants to maintain control of the U.N.'s oil-for-food program, under which Iraq was permitted to sell oil and ostensibly use the proceeds to buy food and medicine for its people. (In reality, Saddam skimmed a huge bundle and socked it away in Swiss, French and Asian banks.)
Iraqis now desperately need all that the country's oil production can buy. But Jacques Chirac cares little about reconstruction of basic services; he is more concerned about maintaining U.N. control -- that is, French veto control -- of Iraq's oil.
"Sophisticated international blackmail" is what Senator Arlen Specter called it yesterday. Blackmail is the apt word: unless the U.S. and Britain turn over primary control of Iraq to the U.N. -- none of this secondary "vital role" stuff -- Chiracism threatens to hobble oil sales and prevent recovery.
This extortion is greeted with hosannas by the thousand or more U.N. employees and contractors involved in the present oil-for-food setup, many beholden to France for their jobs. And so long as the U.N. bureaucracy handles the accounting, it is as if Arthur Andersen were back in business -- no questions are asked about who profits from the sanctions management.
My Kurdish friends, for example, who are entitled by U.N. resolution to 13 percent of the oil-for-food revenues, believe their four million people are owed billions in food and hospital supplies. I wonder: in what French banks is the money collected from past oil sales deposited? Is a competitive rate of interest being paid? Is that interest being siphoned off in "overhead" to pay other U.N. bills?
Colin Powell apparently believes that Chirac's new fondness for sanctions could tie up Iraqi oil production with litigation for years. His advice to President Bush is to pay the ransom but nibble away at the sanctions with limited resolutions. I think we should confront the extortion scheme head on and let Chirac use his veto to isolate France further.
What other money trails need to be followed? Few doubt that vast Iraqi assets have been secretly transferred out of the country for years, and especially in the prewar months. This is done through cut-outs, phony foundations, numbered accounts, intelligence proprietaries, leveraged currency speculation through proxies in unregulated hedge funds and a hundred other financial devices. Taken together, Saddam's huge haul is now terrorism's central bank account.
This kind of money moves not in satchels but over wires. Needed to root it out is a financial Javert. Bush and Tony Blair should create a task force of the best computer sleuths at Treasury, the exchequer, the Defense Intelligence Agency, the Fed, Interpol and the Bank of England to ferret out the hidden billions that belong to the Iraqi people. (Here is how Admiral Poindexter can find gainful employment.)
Start with the 200,000 barrels a day of Kirkuk oil that Iraq smuggled to Syria, an illegal pipeline flow ignored by the U.N. but stopped recently by Secretary Rumsfeld.
Then follow the money: We know that President Bashar Assad turned an ophthalmologist's blind eye to Saddam's use of the Syrian port of Tartus to import missile fuel components from China and night-vision goggles from Russia. In return, Saddam sold Syria oil at a bargain price -- say, as little as $5 a barrel. That adds up to more than a billion bucks over a few years in Saddam's personal pocket, placed -- where?
Money recaptured from the Thief of Baghdad should be used to build new villages for those Arabs he transferred north in his campaign to ethnically cleanse Kirkuk of troublesome Kurds. That would allow a peaceful return of Kurds to their ancestral homes without displacing Arab or Turkmen families.
And here's the way the government of New Iraq can save some of the money it now loses by Russia's eager participation in blackmail in the Security Council: Declare that the $10 billion owed by Iraq under Saddam to Russia for unused tanks and planes will be repaid on the day Vladimir Putin repays the debt incurred by Russia under the czars.
William Safire is an op-ed columnist for the New York Times.

Find this article at:
http://www.cnn.com/2003/US/04/21/nyt.safire
-------------------------------------------------------------

Oil For Food -- and Boats, Sport Supplies, Detergent
Daily Policy Digest
Terrorism Issues
Friday, April 18, 2003
The call by U. N. Secretary General Kofi Annan to extend the oil-for-food program after economic sanctions are lifted against Iraq is controversial. Sanctions expire May 12, but there are questions about resuming the relief effort because of the secrecy surrounding administration of the program and its $12 billion bank account.
The U.N. program collects 2.2 percent on every barrel of Iraqi oil to cover administrative costs -- more than $1 billion since the program's inception in 1996. It employs 4,000. Despite its humanitarian mission, however, there are serious questions about U.N. oversight:
All contracts should be approved by the Security Council, but have tilted heavily toward Saddam Hussein's favored trading partners -- Russia, France and Syria.
Shipments under Annan's direct authority have included "boats and accessories" from France, "sport supplies" from Lebanon and "detergent" from Libya, Syria, Algeria, Lebanon, Yemen and Sudan.
Annan directly approved a request for broadcasting equipment from Russia, Jordan and France.
Secrecy surrounding the shipment of "relief" goods and the financial administration of the program has spawned suspicions of kickbacks, political back-scratching and smuggling.
Annan's office shares detailed records with Security Council members, but none of the countries make them public.
There is no independent, external audit of the program; financial oversight revolves among three member nations -- South Africa, the Philippines and France.
Kurdish leaders are entitled to 13 percent of program revenues, but cannot find out how much they are owed because U.N. officials won't give them access to program records.
Gen. Tommy Franks has derisively referred to the oil-for-food program as the "oil-for-palace" program. Lifting economic sanctions will strip the U.N. of its leverage in Iraq, but before extending the oil-for-food program, a lot of questions must be answered.
Source: Claudia Rosett, "Oil, Food and a Whole Lot of Questions," New York Times, April 18, 2003.
------------------------------------------------

Saddam Hussein r?compensait ses "amis" en barils de p?trole
LE MONDE | 27.01.04 | 14h51
Le journal irakien "Al-Mada" a publi? une liste des personnes b?n?ficiaires des largesses du ra?s. Onze Fran?ais sont cit?s, dont Charles Pasqua. Un responsable du minist?re du p?trole affirme que des "poursuites en justice" seront engag?es pour r?cup?rer "l'argent du peuple irakien".
Bagdad de notre envoy? sp?cial
Saddam Hussein r?compensait ses amis ?trangers, notamment tous ceux qui ?taient les z?lateurs de son r?gime et s'en faisaient les ambassadeurs. Cela ?tait connu. Plus de dix mois apr?s la chute de la dictature irakienne, des ?l?ments de preuve ont ?t? publi?s pour la premi?re fois, dimanche 25 janvier, par un journal ind?pendant Al-Mada (L'Horizon).
Sur une pleine page, ce nouveau quotidien ?tale dans son 45e num?ro, la liste de plus de 270 personnalit?s connues ou inconnues, de soci?t?s, de parlementaires, d'associations, des journalistes, des partis politiques qui ont profit? des largesses du ra?s d?chu. Fac-simil? ? l'appui, ce journal d?nonce "la plus grande op?ration de corruption" de l'ancien r?gime. Et il affirme que "des millions de barils de p?trole ont ?t? offerts ? des individus qui n'ont rien ? voir avec les activit?s p?troli?res". Au total, 16 pays arabes, 17 europ?ens, 9 asiatiques et 4 d'Afrique et d'Am?rique du Sud et du Nord sont concern?s par cette op?ration de r?compense.
Abdel Saheb Salmane Qotob, sous-secr?taire au minist?re du p?trole, nous a confirm? ces informations pr?cisant que parmi les personnalit?s impliqu?es figurent deux premiers ministres, deux ministres des affaires ?trang?res ainsi que des fils de ministres et de chefs d'Etat. "Le minist?re va d?voiler tous les noms et les poursuivre en justice pour r?cup?rer l'argent du peuple irakien", a-t-il indiqu?, ajoutant que "les informations n?cessaires ?taient recueillies pour les soumettre ? Interpol et les poursuivre car Saddam Hussein a achet? les consciences et dilapid? la richesse p?troli?re de l'Irak".
Pour la France, pas moins de onze noms sont publi?s avec la quantit? de barils de p?trole qui leur a ?t? allou?e. Parmi eux, ?crits avec une orthographe parfois approximative et comprenant quelques incertitudes sur les pr?noms ou intitul?s de soci?t?s et associations, figurent la soci?t? Adax, Patrick Maugein de Traficor ou Travicor, Michel Grimard, l'association d'amiti? arabo-fran?aise, Charles Pasqua, Elias El-Ferzeli ou Ghazarli d'origine libanaise, Claude Kaspereit, Bernard M?rim?e (ancien ambassadeur de France ? Rome et ? l'ONU), Bernard Desmaret et De Souza.
12 millions de barils auraient notamment ?t? allou?s ? Charles Pasqua, quatre autres M. Kaspereit et trois ? M. M?rim?e tandis que Patrick Maugein aurait b?n?fici? de 25 millions de barils. Aucune autre pr?cision n'est donn?e. Les documents proviennent de la SOMO (State Oil Marketing Organisation), soci?t? de commercialisation du p?trole rattach?e au minist?re du p?trole.
UNE LETTRE DE LA SOMO
Georges Gallaway, ancien d?put? travailliste aux Communes, figure en bonne place dans la liste. Son nom est mentionn? dans six contrats et le journal publie une lettre de la SOMO en date du 31 d?cembre 1999, sign?e par Saddam Zbin, cousin de Saddam Hussein qui g?rait cette soci?t? et dans laquelle il demande au minist?re du p?trole de lui accorder des contrats. Apparemment, ce parlementaire britannique a ?t? particuli?rement bien trait?. Mais il n'est pas le seul.
Dans cette tr?s longue liste figure aussi Khaled, le fils du pr?sident ?gyptien Nasser, le fils du ministre syrien de la d?fense, le fils du pr?sident du Liban, Emile Lahoud, la fille du pr?sident indon?sien Sukarno, Megawati, aujourd'hui premier ministre, l'?glise orthodoxe russe et le Parti communiste russe.
L'ultranationaliste russe Vladimir Jirinovski, lui aussi, est particuli?rement bien loti (79,2 millions de barils). Des soci?t?s suisses, des ressortissants italiens, des d?put?s jordaniens, des hommes politiques ?gyptiens, le Front populaire de lib?ration de la Palestine (FPLP), l'organisation de lib?ration de la Palestine (OLP) sont cit?s. La liste n'est pas exhaustive.
Parmi les pays cit?s figurent entre autres : l'Afrique du Sud, l'Alg?rie, l'Arabie saoudite, l'Australie, Bahre?n, la Bi?lorussie, le Br?sil, la Bulgarie, le Canada, la Chine, Chypre, l'Espagne, la Libye, la Malaisie, le Maroc, le Nigeria, Oman, le Panama, les Philippines, le Qatar, la Roumanie, la Turquie, l'Ukraine, le Y?men et la Yougoslavie.
Ces divulgations ont provoqu? dans les pays voisins, soit des r?actions indign?es, les uns invoquant la diffamation ou le complot politique, soit des justifications selon lesquelles il s'agissait d'affaires l?gales r?alis?es en bonne et due forme. Autant que l'on puisse le savoir, les personnes choisies recevaient des attributions pour un certain volume de barils qui ?taient ensuite revendus ? des soci?t?s. Les int?ress?s touchaient au passage une commission dont le pourcentage n'est pas connu.
QUE L'ANN?E 1999
Au si?ge du journal, Abdul Zahra Zeki, directeur adjoint de la r?daction, confirme l'authenticit? des documents et affirme que ceux-ci ne concernent que l'ann?e 1999 et que d'autres existent pour les ann?es ult?rieures. Comment sont-ils arriv?s en possession du journal ? Pas de r?ponse.
Ce qui est s?r est que le si?ge de la SOMO, ? l'inverse du minist?re du p?trole, avait ?t? pill? apr?s la chute de Bagdad et que d'?normes quantit?s de dossiers avaient ?t? vol?es. Toute la question est d?sormais de savoir si les ?normes profits qu'a engendr? le programme P?trole contre nourriture, sous l'?gide des Nations unies, va d?sormais sortir au grand jour.
Les quotas de p?trole n'ont ?t? allou?s ? des particuliers qu'? partir de la troisi?me phase. Les deux premi?res ?taient r?serv?es exclusivement aux soci?t?s faisant officiellement commerce du p?trole.
Ce fut la porte ouverte aux abus. "Saddam Hussein a transform? notre pays en une copieuse table ouverte sur laquelle se servaient tous les valets ob?issants et serviles", ?crit Al-Mada.
Michel B?le-Richard
--------------------------------------------------------------------------------

Patrick Maugein : "C'est d?lirant !"
Patrick Maugein, homme d'affaires fran?ais ? la t?te de la firme p?troli?re Soco International, r?put? proche de Jacques Chirac, d?ment cat?goriquement les informations irakiennes. "Je n'ai jamais re?u 25 millions de barils de p?trole offerts par les Irakiens, c'est d?lirant et absolument impossible, explique-t-il au Monde. En 1999, les ventes de p?trole ?taient monitor?es par l'ONU. A l'embarquement des navires, il y avait des inspecteurs. Pas une raffinerie au monde n'aurait accept? une cargaison clandestine. A l'?poque, j'avais simplement une participation dans une raffinerie italienne, qui avait achet?, l?galement, des cargaisons de p?trole."
M. Maugein affirme en outre n'avoir jamais rencontr? Saddam Hussein : "J'avais simplement des relations avec Tarek Aziz, le vice-premier ministre, que je voyais souvent ? Paris, et les ministres successifs du p?trole. Je connais bien l'Irak, j'ai toujours ?t? dans le p?trole l?-bas. Et ce n'est pas dans leurs habitudes d'offrir des cargaisons. Les Irakiens, contrairement aux Africains, ne laissaient aucune marge sur la table."
--------------------------------------------------------------------------------

Charles Pasqua : "On essaye de m'?clabousser"
Interrog? par Le Monde, mardi 27 janvier, Charles Pasqua a d?clar? n'avoir "jamais rien re?u de Saddam Hussein, ni p?trole ni argent". "Je ne suis pas, et n'ai jamais ?t?, un ami de Saddam Hussein", a ajout? le d?put? europ?en (RPF), rappelant qu'"? l'?poque de la guerre du Golfe, en 1991, le groupe RPR que je pr?sidais avait pris position pour l'intervention contre le r?gime irakien". "Je m'?tonne qu'une nouvelle fois, ? un moment o? je me relance politiquement, on essaye de m'?clabousser", a pr?cis? M. Pasqua.
Selon l'ancien ministre de l'int?rieur, il est cependant "tout ? fait possible que des gens, notamment des politiques, aient touch? des fonds du r?gime baassiste. Mais ne regardez pas dans ma direction, voyez plut?t du c?t? de ceux qui furent catalogu?s, il y a longtemps, comme des soutiens ? Saddam Hussein", a ajout? M. Pasqua. Evoquant une "?ventuelle manipulation des services am?ricains", M. Pasqua a conclu : "Si j'avais touch? de l'argent de Saddam, avec toutes les investigations qui ont ?t? men?es par des juges d'instruction fran?ais, cela se saurait !".

--------------------------------------
Une liste, d?j?, dans l'affaire Elf
Les r?v?lations du journal Al-Mada rappellent un pr?c?dent, apparu dans l'affaire Elf. Une liste de 44 salari?s - dont certains apparaissaient sous des noms de code - d'Elf Aquitaine international (EAI), la filiale helv?tique du groupe p?trolier, avait ?t? adress?e anonymement ? la justice fran?aise, fin 1997. Outre la ma?tresse de Roland Dumas, Christine Deviers-Joncour, des personnalit?s politiques, proches de Charles Pasqua et de Fran?ois Mitterrand, y ?taient suspect?es d'avoir b?n?fici? d'emplois fictifs, qui auraient ?t? dispens?s par Alfred Sirven, directeur des "affaires g?n?rales" du groupe. La liste des "mandataires" d'EAI incluait des soci?t?s et des d?cideurs ?trangers - notamment un d?put? conservateur anglais. Les juges durent faire tri entre les collaborateurs qui fournirent ? Elf de v?ritables prestations, ceux qui ?uvr?rent au service personnel de M. Sirven et ceux qui n'exerc?rent aucune activit?.
* ARTICLE PARU DANS L'EDITION DU 28.01.04


Posted by maximpost at 1:22 PM EST
Updated: Thursday, 29 January 2004 1:35 PM EST
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Wednesday, 28 January 2004

>> NEW YORK STATE -Trail of "tiers"
http://www.manhattan-institute.org/pdf/cr_40.pdf

DEFUSING THE PENSION BOMB:
HOW TO CURB PUBLIC RETIREMENT COSTS IN NEW YORK STATE
INTRODUCTION
Skyrocketing pension expenses have been a major factor in the fiscal problems afflicting every level of government in New York State. Statewide public pension contributions have soared by more than $2.3 billion over the past two years--and are projected to rise even more in 2004. In New York City, the spike in pension costs has been enough to consume nearly all of the revenue raised by a record property tax hike. Today's resurgent pension obligations represent a return to historical norms after an unprecedented period of declining costs during the 1990s. A significant added infusion of tax money will be needed to make good on New York's generous retirement promises to its public employees for many years to come. The pension problem is not simply a function of the recent stock-market slump or increases in pension benefits, although both helped precipitate the latest crisis. The real cause is the fundamental design of the pension system itself, which obscures costs and wreaks havoc on long-term financial planning. Precisely for this reason, merely tinkering with existing retirement formulas will not be enough to head off another wave of higher pension contributions for government employers. Because the New York State Constitution does not allow pension benefits to be "diminished or impaired" for current public employees, nothing can be done to reverse the recent runup in pension costs. But this system, which contributed to a previous budgetary meltdown in the Empire State,1 will remain a ticking fiscal time bomb if it remains unchanged.
Only by bringing its outmoded, early 20th century pension structure into the 21st century can New York make pension costs more transparent, predictable and controllable. This modernization can be accomplished by shifting from the state's current defined-benefit pension entitlement to a defined-contribution retirement savings plan for government employees.
This change would save money in the long run. At the same time, a personalized, savings-based pension would provide employees with benefits that are flexible, portable--and comparable to those offered by most private-sector retirement plans. By acting now to reform government pensions in a way that protects the interests of both employers and employees, farsighted public officials can make real progress in bringing these costs permanently under control--before another generation of New Yorkers must wrestle with the consequences.
PENSION INSTABILITY = HIGHER TAXES
The last few years have seen a dramatic turnabout in public pension costs in New York State. As shown in Figure 1 on the following page, pension obligations began to rise after state tax revenues began to decline. (A similar trend is affecting New York City, which administers separate pension funds.)
Despite massive tax increases, New York State's total tax receipts have yet to recover to 2001 levels. But pension costs in fiscal 2004 will be nearly five times higher than they were three years earlier.
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And the worst is yet to come. As shown in Figure 2, pension contribution rates by New York State and New York City government employers will rise sharply in 2005. These trend lines translate into literally billions of dollars in added obligations. As Figure 2 shows, the Comptroller is requiring state and local governments outside New York City to contribute 12 percent of the employee payroll in fiscal year 2005 just to meet existing pension obligations. Pension contributions in New York City's separate retirement system, measured on a slightly different basis, are even higher. This situation highlights a persistent, built-in shortcoming of the current retirement system:
it tends to demand more money when the government can least afford it. The problem with public pension plans In New York, as in nearly every other state, public employees belong to defined-benefit (DB) pension plans. Under such plans, all workers are promised a stream of post-retirement income based on their peak salaries and career longevity. These payments are financed out of common pension trust funds, invested mainly in stocks and bonds. The funds are administered by government and supported primarily by employer contributions. The percentage of employee salaries that employers must contribute to the pension fund is based on actuarial assumptions concerning the number of active and retired workers; the projected salaries, pensions and life expectancies of retirement system members and their beneficiaries; and, last but not least, the current and projected rate of return on pension fund investments. Retirement systems are considered fully funded when they keep enough money on hand to meet all current and future pension obligations.
When a DB pension fund's investments earn a larger-than-projected return, the required employer contribution to the fund decreases. Conversely, when the rate of return falls short of
Figure 1. Falling Revenues, Rising Costs All Funds NY State Tax Receipts and Annual Pension Costs, 1998-2004 (in millions of dollars)
Sources: New York State Division of the Budget and Office of the State
Comptroller; pension contributions are billed amounts, including group life insurance of about 0. 4 % annually
Figure 2. Heading Off the Charts
Public Pension Contributions in New York 1998-2003 actual; 2004-05 projected *New York State & Local Retirement System - pension contributions as a share of employee pay, fiscal years ending March 31 **New York City municipal pension contributions as a share of total personal services costs, fiscal years ending June 30 Sources: New York State & Local Employee Retirement System, New York City Office of Management and Budget projections, employer contributions must increase to make up the difference. Since stock markets often decline during recessions, DB plans require governments to spend more money on pensions when unemployment is up and revenues are down--exactly when they can least afford it.
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This pattern has particularly dire implications for New York, which is much more dependent on revenues from the stock market than most other states. It makes it even harder for New York to weather economic downturns without raising its already high taxes, which in turn depresses the state's economy and harms its business climate.
The right solution
How can the cost of New York's public employee retirement plans be made more predictable and affordable without depriving workers of the benefits they need?
The answer lies in switching from the defined-benefit pension plan to a defined-contribution (DC) model. Instead of a single common retirement fund, a defined-contribution plan consists of individual accounts supported by employer contributions, usually matched at least in part by the employees' own savings. These contributions are not subject to federal, state or local income taxes. Funds in the accounts are managed by private firms and invested in a combination of stocks and bonds.
A key difference between the two types of plans has to do with timing: Under a DB system, the employer promises to finance a future retirement benefit for a large group of current and former workers. Under a DC system, the employer promises to make current contributions to the retirement accounts of each employee. The size of the ultimate retirement benefit generated by a DC plan depends on the amount of savings and investment returns the worker is able to accumulate over the course of his or her working life. The downside risk of unanticipated investment losses and the upside potential for unanticipated investment gains are both shifted from the employer to the employee.
The most common example of a defined-contribution plan is the 401(k), which has become the backbone of the retirement planning for many private sector workers. Such a plan is not unheard of in the public sector--it is now being phased in as the sole pension for state government employees in one major state (Michigan) and as an option in another (Florida). A defined-contribution plan also has been the retirement vehicle of choice for most employees of public higher education systems throughout the country, including the State University of New York (SUNY) and the City University of New York (CUNY).
The financial plus for taxpayers
Over the long term, shifting all civilian public employees to a DC plan in New York State would steadily reduce taxpayers' pension funding obligations to just over one-half the "normal pension cost" projected by the state comptroller.2 The DC plan recommended by this report could deliver competitive retirement benefits within a fixed and predictable cost envelope of 5 to 7 percent of total salaries.3 In current terms, compared to projected 2004-05 pension contribution levels, that would represent an annual savings of more than $600 million for New York City alone--and nearly $1 billion for the state and other local governments.4
At normal turnover rates, roughly half the state and local workforce, not including police and firefighters, would be covered by the new plan within 10 years.5 A sizeable majority would be in the DC plan within 25 years.6 This transition would make a significant dent in public pension obligations during inevitable future downturns in the stock market and tax revenues. It would also greatly simplify financial planning for governments.
Such a plan will also result in equivalent or improved retirement benefits for many if not most government employees. As shown on pages 7-10, employees who spend only part of their careers with government receive much higher pensions with a DC plan, while career, senior-level employees can do just as well if they contribute slightly more than required to their plans.
Like so many other issues, the urgent need to deal with the rising cost of public pensions in New York boils down to a question of equity. Does the current system strike the right balance between the interests of taxpayers and of public employees? To arrive at an answer, it's necessary to review the structure of the current system and to compare its cost and benefits to those of other public and private retirement plans.
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PUBLIC PENSIONS IN NEW YORK
There are eight different retirement systems for government employees in New York State, organized along jurisdictional and occupational lines as shown in Appendix A. Taken together, New York's public pension pools hold over $250 billion in stocks, bonds and other financial assets in support of retirement benefits for current and past government workers.7 In 2002, pension payments to roughly 600,000 New York state and local government retirees and their beneficiaries totaled over $12 billion--an amount that exceeded the entire state government payroll. Details vary, but all state and local public pensions in New York share certain basic characteristics:
* Employees are promised fixed retirement payments based their number of years worked and an average of their highest salaries.8
* The benefit structure is designed to favor longterm career employees.
* Employee contributions to the common pension funds, for those still required to make them, are comparatively small. Most employees do not have to make any pension contribution.
* Employees receive a right to pension payments ("vest") only after five years on the job. People who leave before that receive nothing, beyond the right to withdraw their own pension contributions.
* An employee's pension benefits at the time of hiring are guaranteed by the state Constitution9 and, when paid out, are exempt from New York State and New York City income tax.
Trail of "tiers"
New York's public pension plans are organized into benefit "tiers" based on hiring dates, as follows.
* Tier I benefits are available to all employees who landed on a participating government payroll before June 30, 1973;
* Tier II covers all employees hired between June 30, 1973 and before July 27, 1976;
* Tier III covers employees hired between July 27, 1976 and before Sept. 1, 1983; and
* Tier IV includes all employees hired since Sept. 1, 1983.
The cutoff dates for each tier reflect the recent history of legislative attempts to control runaway government pension costs in New York.
The most generous pension plan is Tier I, which requires no employee contribution and allows unrestricted retirement with full pension as early as age 55. Significantly, Tier I does not cap the final average salary (FAS) used as a basis for computing the pension.10 Thus, compared to employees hired after 1973, Tier I members have more ability to significantly pad their pensions by working additional overtime in the year or two before retiring.
Tier II, enacted as fiscal storm clouds were gathering around New York in the early 1970s, raised the basic retirement age to 62. Retirement at age 55 with the maximum pension is still allowed for Tier II employees, but is restricted to those with at least 30 years of service. Pensions are reduced for those with fewer than 30 years in the system who retire between the ages of 55 and 62. In addition, the definition of salary used to compute pensions is subject to a cap. Like Tier I, Tier II requires no employee pension contribution. The creation of Tier III, during the darkest days of the New York City fiscal crisis, marked the first time most state and local employees in New York were required to kick in some of their own money--3 percent of salaries--towards their future retirement benefits. The retirement ages are basically the same as in Tier II, but the cap on final average salary is slightly lowered. For the first 16 years after its enactment, Tier IV also required a 3 percent employee contribution. This tier also initially featured more restrictions on early retirement. However, pension benefits and eligibility rules are now virtually identical under Tiers III and IV. Under pension enhancements passed in 2000, Tier III and IV workers outside New York City, and most civilians in city pension plans as well, are no longer required to make pension contributions after 10 years of government employment.
Carving out special benefits
Over the years, various public employee unions have successfully lobbied the state Legislature to create special plans for specific employee groups within the
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tier structure, such as sheriffs, corrections officers and teachers. As a result, Tier IV alone also encompasses 11 separate retirement plans.
Putting aside the often bewildering array of retirement options available under these different plans, virtually all Tier III and Tier IV employees who have attained the five-year "vesting" point can retire from government service and start drawing at least a partial pension as early as age 55, with full benefits at 62. Civilian retirees with fewer than 20 years in the system receive 1/60 of their salary (1.67 percent) for each year of service. Those with 20 to 30 years receive 1/50 of salary (or 2 percent) for each year. For each year of service over 30 years, the pension includes an addition 3/200 (1.5 percent) of final average salary.
In practice, these rules mean the basic pension for a 30-year employee of the state system is at least 60 percent of final average salary, rising to 75 percent for a 40-year employee. When federal Social Security benefits are added to the mix,11 many career New York State and local government employees can retire at more than 100 percent of their final salaries.12
Police and fire
Police officers and firefighters throughout New York are grouped into two pension levels--Tiers I and II-- both of which offer more generous benefits, in some respects, than those available to civilian employees. Members of the police and fire pension systems can retire at half pay after just 20 years on the job, with no age restriction.13 As a result, most New York cops and firefighters who are not promoted to a supervisory ranking choose to begin second careers in their early 40s, backed up by pensions often swollen by overtime in their pre-retirement, peak earning years.14 (In 1992, retirement at half pay after 20 years was also extended to New York City sanitation workers.) Members of the New York State Police and Fire Retirement System, which covers agencies outside New York City, are not required to make any contribution towards their own pensions. In New York City, employee contributions to the police and fire pension funds are determined by age and experience. However, these pension contributions are partially to fully covered by special added pay allowances from the city.
Pensions as a security blanket
Public sector pensions in New York are structured to provide most career government employees with the ultimate in financial security--the guaranteed prospect of retiring at a relatively early age with little or no net decrease in income. For police and firefighters (and, most recently, New York City sanitation workers), the pension system provides a financial platform for embarking on a second career in middle age. Such generous provisions are not uncommon in other states and the federal government--but they are unheard-of for the vast majority of private sector workers who pay government's bills.
PUBLIC AND PRIVATE PENSION TRENDS
Just over half of all private sector employees (53 percent) participated in any employee-sponsored retirement income plan as of 1996-97, according to a data compiled by the Employee Benefits Research Institute. Among those private workers who did participate in such a plan, the vast majority were in defined-contribution accounts, such as 401(k)s, to which employers usually contribute. Roughly onequarter of private sector workers (27 percent) in 1996- 97 had any stake in a defined-benefit pension plan. DB pension plans are typically found in large, oldline industrial companies--most of which are struggling to limit backbreaking pension obligations.
Prompted initially by changes in federal tax and employee benefit laws starting in the late 1970s, the shift to DC plans picked up more momentum as a long bull market commenced on Wall Street in the 1980s. Steven A. Kandarian, executive director of the Pension Benefit Guaranty Corp., which insures private pension plans, summarized the factors driving employers towards DC plans in recent congressional testimony:
"[I]ncreased competitive pressures ... have led companies to reexamine their entire cost structure. In the 1990s, companies noticed that many workers did not place a high value on their defined-benefit plans, compared to the value they placed on their 401(k) plans. Furthermore, companies became concerned that their financial obligations to defined-benefit plans were highly
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volatile, in part because of fluctuations in interest rates and a dependence on equity investment gains. This volatility can make business planning difficult. As a result, many companies have been increasingly unable to afford, or unwilling to maintain, defined-benefit plans. In addition, companies found that demographic trends have made defined-benefit plans more expensive. With workers retiring earlier and living longer, plans must pay annuities for far longer. Today, an average male worker spends 18.1 years in retirement compared 11.5 years in 1950, an additional seven years of retirement that must be funded."15 Each of the corporate concerns cited in Kandarian's testimony could apply with equal force to New York State, New York City and other large government employers. In recent years, two major states have joined the DC trend on a broad scale, while the one state with a DC plan has moved towards a hybrid DB option.
Michigan leads the way
Under the leadership of then-Governor John Engler, Michigan became the first large state to shift from a DB plan to a comprehensive DC plan in 1997. In the DC plan, the state contributes a minimum of 4 percent of each worker's salary to an individual investment account and matches voluntary employee contributions up to an additional 3 percent of salary, making a total contribution of 10 percent. Additional employee contributions up to 13 percent of salary are allowed, but are not matched by the employer. The employer's contributions are considered partially vested after two years and fully vested after four years. The "unvested" portion of the state's contribution is not included in the permanent account a worker can transfer to another employer's retirement plan before the four years is up Michigan's DC plan was mandatory, replacing the previous DB plan, for all employees hired after the March 1997 effective date. Those already in the system at that time were given a four-month window to shift past employee contributions and the discounted "present value" of their accumulated retirement benefits to a DC account. In the limited time available, with unions running a campaign opposed to the change, only 3,600 out of 58,000 workers, according to the Michigan Office of Retirement Services, opted to join the DC plan.16
Counting new workers, however, the DC plan has grown over the past few years to 18,500 members, 30 percent of the total workforce of 61,500. At this turnover rate, most Michigan state employees should be in the DC plan by 2017.17
Florida Follows Suit
Unlike Michigan, Florida did not convert entirely from a DB to a DC plan. Instead, in 2000, the Florida Legislature voted to create a defined-contribution plan as an alternative to the existing DB state plan. Like the existing DB plan, the new defined-contribution account is non-contributory for the worker.
Government employers contribute to personal accounts at a rate of 9 percent of each worker's wages. The Florida DC plan includes a vesting requirement of only one year. After that time, workers have full property rights in the personal account funds and can take those funds with them to any other job. Past service in the Florida Retirement System (FRS) for current employees counts toward this one-year requirement. As of July 2003, only 4 percent of state and local employees who already belonged the FRS had opted into the new DC plan. Among new employees, the opting-in rate was 8 percent. As state officials subsequently acknowledged, their timing was terrible:
"During the education and choice periods, employees were exposed to an economic recession, plummeting stock market, negative press accounts of the dangers of 401(k) plans and the aftermath of the September 11, 2001 terrorist attacks and the largest corporate bankruptcy in U.S. history."18
In addition, as in Michigan, state employee unions mounted a campaign urging members not to switch. Until Michigan's reform, Nebraska was the only state to exclusively offer a DC plan to a broad segment of its public employees. But the Nebraska plan, which has covered state workers since 1964, recently has
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been augmented by a new cash-balance plan that is a hybrid of DC and DB models.19
Federal pension reform
For all employees hired after 1984, the federal government's defined-benefit pension for civilian workers was replaced by a system that combines a small DB pension20 with a DC pension known as the Thrift Savings Plan (TSP). In TSP, federal agencies will match up to 5 percent in employee contributions, measured as a percentage of pay. On top of that 10 percent, employees can contribute an extra 5 percent a year without a government match.
Higher education precedent
New York and many other states allow their public
college and university employees to opt into definedcontribution
plans.
The choice has been available to SUNY employees for nearly 40 years. Over 85 percent choose a DC plan, such as the one offered by New York-based Teachers Insurance and Annuity Association College Retirement Equities Fund (TIAA-CREF). Employees contribute 3 percent of salary; the employer contribution in the SUNY system is 8 percent a year during an employee's first 10 years, and 10 percent thereafter. CUNY also offers its employees a DC option, managed exclusively by TIAA-CREF.
COMPARING THE PENSION ALTERNATIVES
As explained on pages 1-3, moving to a defined-contribution plan clearly would represent a better deal for state and local government--and the taxpayers who ultimately foot the bill--while having no effect on current employees, who are constitutionally locked into the DB system. But what would it mean for employees who would be covered by such a plan in the future?
To illustrate the comparative benefits of DB and DC plans, consider two sets of hypothetical state workers and the benefits they could expect under both plans. The first set of examples consists of workers who leave the state pension system 10 to 20 years into their working lives. Such "early-career" state employees have the most to gain from a DC system. This is because such workers never reach the peak earning years that are the basis for the traditional DB pension, and employer pension contributions made in their behalf don't grow in individual accounts after they leave the government.
The second set of examples features two career government employees, one assumed to retire after 30 years of service and the other after 40 years, and projects their actual DB and potential DC benefits upon retirement from state service. The analysis shows that the 30-year employee can equal or exceed the current pension benefit under a DC plan that sets aside 10 to 12 percent of annual salary, while the 40-year employee will need to have set aside more than 12 percent of salary annually to earn benefits fully equivalent to a DB pension. In estimating the returns from defined-contribution pension funds for both sets of examples, we combined actual market returns from 1983 through 2002 with an assumed 4.6 percent real rate of return for the next 10 to 20 years. This figure is based on the cautious mid-range assumptions used by President Bush's Commission to Strengthen Social Security, chaired by the late former Senator Daniel P. Moynihan of New York, to assess proposed private savings accounts.
It's important to note that this estimate is below longterm historical results and lower than projected in the actuarial assumptions built into the current New York State and New York City systems.
Early-career workers
All three employees in this series of examples are assumed to have begun working for the state at age 22 in 1983, at which point they would have become members of Tier IV of the New York State & Local Retirement System.
* Employee A spent 10 years working for the state in a low-level institutional job.21
* Employee B worked for 15 years in the professional, scientific and technical services unit.22
* Employee C was a managerial employee for 20 years before moving to a private sector job in September 2003.23
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To begin with, we calculated the maximum state pension24 that would be due to each worker upon retirement at age 62 in 2023, using the current Tier IV formula combining years of service and final average salary.
We also estimated the pension savings each worker would have accumulated in a 401(k)-style fund if, during their years of state employment, they had instead belonged a defined-contribution pension plan. Savings were calculated for each worker under three different annual contribution levels--8 percent, 10 percent and 12 percent of salary. In each case, these figures are based on pay grades, contractual salary increases and incremental longevity "steps" that were effective during the time of state employment.
Investment and Return Assumptions
It is assumed in these examples that the hypothetical DC employee pension funds were not cashed in or rolled over to a new employer's plan after each worker left the state payroll. Instead, after state employment and contributions ceased, each fund continued to passively accumulate investment gains until the date of the worker's retirement.
Each worker is assumed to have invested in the same fund mix of 60 percent stocks and 40 percent corporate bonds between 1983 and 2002, shifting to a ratio of 50 percent stocks, 30 percent corporate bonds and 20 percent government bonds in future years.25 Performance of the funds between 1983 through 2002 was based on actual returns from stocks and bonds during that period.26
To provide a direct comparison of state pensions and potential DC retirement benefits, each hypothetical pension fund was converted at age 62 into a "single lifetime" annuity.27
Dramatic differences
The results of the hypothetical exercise are displayed in Figure 3. As shown, under all
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scenarios, the DC retirement benefit stemming from the period of state employment would dwarf the conventional DB pension. Combining actual investment results with conservative future projections, these examples illustrate the benefits of a DC pension for younger workers who don't spend their careers in government. Another advantage, unstated in these examples, is the flexibility and discretion these plans offer. Depending on circumstances, a worker might decide not to convert the pension fund into an annuity but make periodic lump sum withdrawals from an active investment account. Under this scenario, of course, the fund would continue to grow until it is converted into a larger future annuity, used to pre-pay an assisted living facility or nursing home, or passed on to the retiree's heirs.
Figure 3. Annual Retirement Benefits for Early-
Career State Workers
Comparing Current Pension Entitlements and Hypothetical
Annuities at Age 62 2003 Dollars
Employee "A": first 10 working years in state government, FAS of
$20,603
Employee "B": first 15 working years in state government, FAS of
$42,451
Employee "C": first 20 working years in state government, FAS of
$64,339
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Long-term workers
The next comparison features examples of two career state employees, both assumed to be earning $50,000 as of the end of 2002, and both assumed to have started working for the state in 1983. Employee D plans to retire in 2012, after 30 years of service, at age 55. Employee E doesn't plan to retire until 2022, after 40 years of service.
State workers' salaries typically grow faster than the cost of living, both as a result of promotions and of above-inflation settlements in their union contracts. Therefore, we did not simply assume level, inflationadjusted salaries of $50,000 per employee. Instead, we constructed a salary progression to $50,000 over a 20-year period (1983-2002) that reflects average step increases and promotions consistent with theactuary's assumptions.28 On the same basis, we continued to project future salaries until the projected retirement ages for Employees D and E. The results of this analysis are presented in 2003 dollars in Figure 4.
As shown, Employee D could come close to equaling the current Tier IV defined-benefit pension if at least 10 percent of his paywas put aside in a DC account every year. He would exceed the current pension at a contribution rate of 12 percent. Employee E is the most senior, long-termhypothetical worker in any of these examples. Not surprisingly, given the system's pronounced bias in favor of longevity, this employee's guaranteed pension under the current system would be larger than his annuity under a hypothetical 401(k)-style pension savings plan. But it does not necessarily follow that the DC pension is inadequate for this type of worker.
Combined with Social Security, a retirement annuity purchased with the DC savings at a 12 percent contribution rate would provide Employee E with an effective income equivalent to at least 90 percent of final average salary--a "coverage ratio" in line with what is recommended by retire-
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ment planning experts. Moreover, as an alternative to a straight single-life annuity, his pension fund can be managed in a way that does more to keep up with inflation than the partial cost-of-living adjustment that applies to the current DB pension. Even under the very conservative future rate-of-return scenario used here, Employee E could afford to buy an annuity equaling what would be provided under the DB pension formula merely by depositing 2 percent more in his DC account (boosting the total contribution to 14 percent).
These hypothetical examples do not include late-career entrants to the public retirement system--employees who land a government job for the last 10 to 20 years of their working lives. In any investment scenario, such workers have the greatest advantage under the current pension system. They could not replicate the DB pension under a DC system unless they save much more toward their retirement.
Figure 4. Annual Retirement Benefits for Career
State Workers
Comparing Current Pension Entitlements and Hypothetical
Annuities at Age 62 2003 Dollars
Employee "D": 20 years service as of 2002, retirement in 2012,
FAS=$64,123
Employee "E": 20 years service as of 2002, retirement in 2022,
FAS=$83,772
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Pension bias
As noted in this report, New York's DB public pension plan reserves its biggest payoff for employees who spend their entire careers in government. Moreover, just as the current system discriminates against those who are on a government payroll for brief periods early in their careers, it is tilted in favor of older, late-career workers who pursue government jobs specifically to take advantage of the high pension. Because pension benefits are financed out of a common pool, the lifetime employee's generous pension ultimately comes at the expense of those who don't put in 40 years on the state payroll. By the same token, the late-career worker's windfall ultimately comes at the expense of younger, more mobile employees. REAL PENSION REFORM FOR NEW YORK A defined-contribution plan could be designed for New York to replace the traditional defined-benefit plans for civilian government employees. Ideally, as in Michigan, the plan would require all new workers to enter the DC system and give all existing DB pensioners an option to switch into the system, bringing their accumulated pension assets and credits with them.
Under the New York plan proposed here, state and local government employees would be required to contribute at least 3 percent of their salaries to a retirement account. The government employer would match this threshold amount with a contribution of 5 percent, bringing the total minimum retirement savings to 8 percent of salary per year. Employers would match up to 2 percent of additional employee contributions, so that total retirement savings of 12 percent of salary would consist of up to 7 percent from the employer and 5 percent from the employee. Workers could voluntarily contribute even more pre-tax income to their pension investment funds, subject to federal Internal Revenue Service limits29 but without an employer match for that extra amount. These contribution levels would be equivalent to what is provided under the federal DC plan and the
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Michigan plan, and significantly larger than those provided under some major corporate plans.30 As in SUNY's optional retirement program, workers would choose among several private investment fund managers, which in this case would be approved and regulated by the state comptroller. Workers could switch among investment funds during an open season in the first three months of each year. Administrative expenses would be borne by the plan's sponsoring government agencies. The funds in the new retirement accounts would become the immediate personal property of the worker, with the employer-financed portion vesting after one year, as in the SUNY and CUNY systems.31 However, withdrawals or loans from the account before retirement would be tightly restricted. Workers who left New York state employment would be permitted to roll over their retirement accounts into a subsequent employer's DC fund, such as a 401(k), or into an Individual Retirement Account. The funds and investment returns would continue accumulate in the accounts on a tax-free basis until withdrawn at retirement. Workers could choose to withdraw funds from their accounts without penalty at any time after they reach 59 1/2,32 regardless of how many years they have worked for state or local government. Retirement benefits would be higher the longer the worker waited to withdraw funds. Such a reform plan would provide major advantages for both workers and taxpayers.
Advantages for Workers
* Benefits would be portable. When a worker changes jobs, her retirement account can be transferred to the new employer or converted into an IRA.
* Employer contributions, as well as any and all investment gains on those contributions, become the worker's property after just one year's employement.33
* Workers gain a greater degree of control and discretion over their own retirement planning than is available under the DB plan.
* All employees accumulate benefits on the same basis, regardless of how long they plan to work for government.
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Advantages for Employers and Taxpayers
* The recommended DC plan would effectively cap costs at 7 percent of pay, just over half the fiscal 2004-05 employer contribution for the New York State & Local Retirement System.
* Taxpayers would no longer bear the risks associated with market downturns.
* Public pension costs for the first time would become both predictable and easily understandable.
The real costs of proposed benefit increases would be completely transparent, rather than obscured by complex actuarial calculations. Under a DC system, it would no longer be possible for elected officials to significantly enhance pension benefits under the pretense that they were serving up a fiscal free lunch. This is what happened in 2000, when Governor George Pataki, then-Comptroller Carl McCall and near-unanimous majorities in both houses of the Legislature agreed to add an automatic annual COLA for all retirees and to eliminate the employee share of pension contributions for all Tier IV workers with 10 or more years of experience. At the time, proponents claimed these changes would bring no new costs, as long as the rate of return on investments remained at 8 percent. But the retirement systems proceeded to lose money over the next two years--a risk that no one involved in the 2000 changes was willing to acknowledge. Although the stock market was invariably blamed for the subsequent increase in required employer pension contributions, Albany's pension enhancements clearly made a bad situation much worse-- accounting for fully one-half of the increase in contributions billed by the statewide system for 2003- 04 fiscal years.
On the city level, pension obligations in fiscal 2004 will be $1.8 billion over the April 2000 projection. Fully $771 million of this amount could be attributed to benefit enhancements enacted at the state level or negotiated by the city with its public employee unions, according to an analysis by the Independent Budget Office.34
Criticisms of DC Plans
Probably the most frequent objection to DC plans is that they shift investment risk from the employer to
11
the worker. In a DB plan, the worker receives the specified benefits regardless of investment performance, so the worker apparently bears no investment risk. In a DC plan, the worker's benefits depend entirely on the investment performance of his retirement account, so the worker bears full investment risk. Poor investment performance leads to lower benefits. Concerns about investment risk understandably resonated with retirees during the stock market downturn of 2000-2002. Over the long term, however, such risks can be overstated. As explained by a leading expert in the debate over savings-based alternatives to Social Security: "Stock market investment is indeed risky over the short term. But over the long term, stocks and bonds clearly can form the basis of stable and adequate retirement wealth accumulation for all workers [emphasis added]."35 Even workers retiring during the Great Depression would have received a 4 percent annual return after inflation during their years on the job.36 The Employee Benefit Research Institute (EBRI) has developed a model that projects the proportion of an individual's pre-retirement income that might be replaced by 401(k) plan accumulations, under several different projected scenarios. Based on equity returns from 1926 to 2001, the model finds that a combination of 401(k) benefits and Social Security payments will produce benefits ranging from 103 percent of preretirement earnings for workers in the lowest income quartile to 85 percent in the highest quartile. Significantly, the EBRI reported, "[e]ven if equity returns in the future are projected to replicate the worst 50-year segment in the Standard & Poor's (S&P) 500 history (1929 to 1978), 401(k) accumulations are still projected to replace significant proportions of projected pre-retirement income."37 Moreover, proponents of traditional plans tend to downplay the potentially devastating effects of high inflation on a defined-benefit pension. Adjusting benefits for inflation--even on a partial, limited basis, as was just done in New York--is enough to make an already costly DB plan prohibitively expensive for taxpayers. Under a DC plan, asset value tends to rise along withinflation over the long run, providing something closer to a real market rate of return. This would tend to keep prospective long run benefits rising with inflation.38
Civic Report 40
November 2003
Over a long-term horizon, workers can weather many ups and downs in investment performance. Those nearing retirement, when savings become more vulnerable to market downturns, can minimize risk by changing the mix of their investments to include more bonds than stocks, and by avoiding too big an equity stake in any one industry or company.
Special Issues
As noted, New York police and firefighters are eligible for retirement at half pay after just 20 years on the job. All state correction officers, along with many local jail guards and sheriff's deputies, can retire at half pay after 25 years. Thus, while the pension for most workers is designed to reward longevity, public safety employees have an incentive to retire as early as possible. There's a lot to be said for the argument that chasing bank robbers, fighting fires and guarding hardened criminals is a young person's job. But so is heavy construction and road-building work--yet even unionized workers in these fields generally lack the kind of early retirement pension benefit available to police and firefighters. Nonetheless, early retirement at half pay has come to be viewed as an integral part of the overall police and fire compensation package. In reshaping the pension system to make it more affordable, careful cost benefit analysis needs to be devoted to the relationship of retirement benefits to salaries and work rules, and to the question of whether the minimum service period can reasonably be extended--to, say, the same 25 years as state corrections officers and county sheriff's deputies. Any DC plan designed to preserve an early retirement preference for such workers would require higher payroll contributions than the range described above for other employees. Moreover, since withdrawals from conventional retirement savings plans are subject to a federal tax penalty before age 59 1/2, some combination of DB and DC plans will be needed in order to continue allowing early retirement.
Fairness
New York's public pension system is a vestige of the last century, when ultra-secure retirement benefits
12
and civil service job protections were seen as compensation for the low wages paid to a non-unionized government workforce. Nowadays, public employee unions are the most powerful interest groups New York State. As more than one labor leader has been known to observe, union members effectively elect their own bosses in the State Capitol and City Hall. Elected officials have rewarded unions' campaign support by preserving the traditional pension system and other benefit perks--all the while agreeing to contracts that raise employee wages faster than inflation without regard for performance or productivity (which, in most cases, is not even measured). Career government workers have an obvious interest in preserving a pension guarantee specifically to reward longevity while shielding them from any investment risk. Since the most senior employees also tend to wield the most clout within the unions, this explains why union leaders can be expected to continue supporting a system that actually shortchanges at least a sizeable minority of their members.39 But while this provides the political explanation for the persistence of DB pensions in the public sector, it hardly serves as a justification for continuing the system, especially when the fiscal hazards of maintaining it have been so vividly highlighted by the latest funding crunch.
Costly return to the "norm"
"The boom of the 1990s was an exceptional time that allowed (employer pension) contributions to drop to zero in some years," State Comptroller Alan Hevesi has pointed out. "But it is unrealistic to expect to provide a pension without any cost."40 Government employers in New York, Hevesi says, "must plan to again make contributions of at least 12 to 16 percent of payroll as a normal pension cost."41
In the face of this trend, individual retirement savings accounts represent a fair, sensible alternative to outmoded public employee pension plans whose "normal" costs would place an intolerable burden on taxpayers for decades to come.
Defusing the Pension Bomb: How to Curb Public Retirement Costs in New York State
November 2003 13
APPENDIX A:
NEW YORK'S PUBLIC PENSION SYSTEMS
Here is a list of the public pension systems in New York State and a description of their primary membership:
New York State & Local Employees Retirement System
All employees--in occupations other than police officers, firefighters and educators--on the payrolls of
the state and of local governments outside New York City
New York State & Local Police and Fire Retirement System
Police officers and firefighters employed by the state and by local governments outside New York City
New York State Teachers Retirement System (TRS)
Teachers and other education professionals employed by school districts outside New York City
New York City Employees Retirement System
City employees other than those employed by the police, fire and education departments
New York City Teachers' Retirement System
Education professionals employed in the city's public schools
New York City Board of Education Retirement System
Civil service workers and other non-education professionals in the city education department
New York City Police Department Pension Fund
City police officers
New York City Police Department Pension Fund
City firefighters
APPENDIX B:
HOW GENEROUS ARE NEW YORK'S PUBLIC PENSIONS?
New York's benefit levels and eligibility guidelines are not atypical for the public sector. Some states offer
earlier retirement ages or larger benefits than New York for some occupations--but such largess is often
accompanied by the requirement that employers and employees contribute much more to their retirement
systems.
Two recent nationwide reviews of public retirement systems showed that New York's employee share of
pension contributions is relatively low compared to requirements in most jurisdictions:
* Of the 85 state and local government retirement systems included in a nationwide survey conducted for
the Wisconsin Legislature in 200042, only 18 had mandatory employee contribution rates lower than the
maximum 3 percent required of most New York public employees during their first 10 years on the job.
Only 11 pension plans required no contribution from some or all employees, as is now the case in New
York.
* Only four of the 34 states with pension systems most comparable to that of New York required no
pension contribution from employees as of 1999, according to the U.S. General Accounting Office43.
Among states in this group requiring a member contribution, only five were below the current New
York maximum of 3 percent.
Civic Report 40
November 2003 14
Private counterparts
As noted on pages 5-6 of the main report, few private employers offer any guaranteed pension. In fact,
even among the shrinking number of companies offering defined-benefit pensions, few rival the package
available to career public employees in New York.
* General Electric, for example, offers workers a DB pension roughly half the size of the New York government
plan, combined with a defined-contribution savings account. IBM also offers a package of DB
and DC retirement benefits, although it is in the process of converting its traditional DB plan into a cash
balance plan.
* Members of the United Auto Workers are famous for their high hourly earnings and big pensions--but
after age 62, their retirement benefits are reduced by the amount of Social Security they receive. New
York government retirees, by contrast, are entitled to full Social Security benefits in addition to their full
pensions.
* Microsoft, the quintessential high-tech growth company, offers no DB pension at all--just a 401(k) plan,
plus the option to purchase company stock at 85 percent of market value.44
Other comparisons
Because there are literally tens of thousands of different privately administered pension plans offering
seemingly endless permutations of benefits and eligibility standards, it is difficult to conjure an "average"
private plan for comparison with public pensions. In the absence of such data, one measure of how New
York's DB pension compares to private plans is a 1999 Congressional Budget Office (CBO) report focusing
on the federal government's pension plans for civilian employees.
Even among a select group of larger employers offering more generous retirement benefits, including
guaranteed pensions, the CBO said only 15 percent allowed retirement with a full pension at age 55 after 30
years of service, which is permitted in Tier III and IV of the New York system.45 In this same group, less
than one private employer in ten provided for any kind of regular post-retirement inflation increase, such
as the one extended to New York public employees in 2000.
Consistent with the CBO analysis, Census Bureau data indicate the average state and local government
retirement payment in New York as of 2002 was $20,057 per person, compared to an average company or
union pension of $11,949.46
Defusing the Pension Bomb: How to Curb Public Retirement Costs in New York State
November 2003 15
ENDNOTES
1. High public pension costs also contributed to the New York fiscal crisis of the mid-1970s, prompting
legislative efforts to rein in pension benefits in 1976 and 1983, as reviewed on pages 4-5.
2. "Local governments must plan again to make contributions of at least 12 to 16 percent of payroll as
a normal pension cost," Comptroller Alan G. Hevesi said on Sept. 8, 2003.
3. The precise costs would depend on the level employees choose to contribute, since the employer
contribution would be made on a matching basis. See pages 10-11 for details.
4. The projected employer pension contribution for New York City and New York State and local
government workers other than police and firefighters is at least 12 percent of salary for fiscal years beginning
in 2004.
5. This is based on the state actuary's expectation that approximately 50 percent of newly hired
retirement system members terminate employment within 10 years.
6. The average length of service for members of the New York State and Local Employee Retirement
System is 24 years, according to the state actuary.
7. The $100 billion, 944,500-participant New York State and Local Retirement System alone is the
second largest in the country, after California's massive "CalPERS" system.
8. Most New York State government employees also qualify for subsidized post-retirement health
insurance. However, retiree health benefits are treated as a current expense; they are not financed out of
the pension fund but out of the "general state charges" line in the budget's general fund. While subject to
collective bargaining, they are not part of the pension system or the constitutional pension guarantee.
9. Article 5, Section 7 of the Constitution mandates that "membership in a retirement system shall be
in the nature of a contract, the benefits of which shall not be diminished or impaired." New York is one of
only five states to provide this maximum level of security for government pensions.
10. For most current government workers, final average salary (FAS) is the average of wages earned
during any 36 consecutive months when earnings were the highest, subject to certain limitations. For members
of Tiers II, III and IV, the wages in any year used in the FAS calculation cannot exceed the average wage of
the previous two years by more than 10 percent.
11. On average, Social Security benefits are 40 percent of average annual earnings over a worker's
entire career.
12. For example, a 40-year state employee retiring at 62 with an FAS of $50,000 (roughly the average
for all state workers as of 2002) immediately qualifies for a state pension of $37,500 and Social Security
benefits of $12,948, yielding a total of $50,448. Since the pension payment is not subject to federal payroll
tax or to state and local income taxes, which can approach 10 percent, the effective difference between
retirement and working incomes is even larger than it appears in this example.
13. The average age at retirement in the New York Police Department in recent years has been 43.
New York City police pensions date back to the 1850s and were the first of their kind in the United States.
Retirement at half pay first became an option in 1878.
14. In 2002, newly retired members of the state's police and fire system received an average pension
of $48,456 a year, according to the system's annual report.
15. Statement of Steven A. Kandarian before the Subcommittee on Select Revenue Measures,
Committee on Ways and Means of the U.S. House of Representatives, April 30, 2003.
16. Unions campaigned against the switch, and the time window was limited. With a wider window
and a marketing campaign that did a better job of informing workers, more might have switched.
17. In addition to the state, four large Michigan counties and the capital city, Lansing, have moved
from DB to DC pensions plans.
18. "The New Choice in Retirement Planning in Florida," state guide posted at http://
www.fsba.state.fl.us/pdf/news/8-11-03.pdf .
Civic Report 40
November 2003 16
19. In making the move, state retirement officials expressed concern that 90 percent of investments
were directed to only three of 11 available funds, principally a conservative "default" option. These statistics
did, indeed, highlight a known weakness in the DC system. Left entirely to their own devices, many
participants in such plans tend to overly cautious in their investment decisions, as reflected in sub-market
rates of return for 401(k) accounts in recent years. However, rather than reforming the manner in which
funds are invested under the existing DC plan, Nebraska officials appear to have been distracted by goals
of "competitiveness" with public DB systems and by a consultant's recommendation to the effect that only
a pension duplicating the worker's pre-retirement standard of living could be called "adequate."
Under the new plan, the employer will guarantee employee account balances and annuities at
retirement. Responsibility for investment decisions (and all the downside risk) is shifted under the cash
balance plan to a state-run Investment Council.
20. Guaranteed pension benefits for post-1984 Federal Employee Retirement System members accrue
at the rate of 1 percent of salary per year--only half the level available to New York State employees.
21. Pay Grade 6.
22. It's assumed the employee's first 10 years were in Pay Grade 14 and the last five were in Pay
Grade 18.
23. It's assumed this employee progressed from Grade 14 to Grade 18 after 10 years, and then to
Grade 23 after 15 years.
24. This would be "Option 0," the single life allowance, which does not provide for payments to a
beneficiary after the retiree's death.
25. This is consistent with the recommendation by most financial planners that workers adopt a
more conservative investment mix, with fewer stocks and more bonds, as they approach retirement.
26. The return on each worker's corporate bond portfolio was equal to the average return on all
corporate bonds rated in this period by Moody's Investor Service. The return on each worker's stock portfolio
matched the composite returns on the S&P 500 as reported by Ibbotson Associates in its 2003 Stocks, Bonds,
Bills and Inflation Yearbook. This index reflects the returns on "large cap" corporate stock and this is a relatively
conservative number; the historical composite returns on "small cap" tend to be higher.
27. Annuities were calculated by entering accumulated savings as "deposits" on the webannuities.com
site, which generates an average annuity estimate from 16 companies.
28. The state actuary assumes underlying annual inflation and wage growth averaging 5.8 percent.
29. The IRS limit on pre-tax employee contributions to 401(k) accounts is $12,000 as of 2003.
Contributions above that amount are taxable.
30. For example, the Microsoft and IBM pension savings plans match only 3 percent of employee pay
contributed to 401(k) savings plans, while General Electric matches up to 3.5 percent of pay.
31. As in all DC plans, the employee's portion of the account, including all investment gains,
immediately is considered the employee's property.
32. This is the minimum age at which the IRS allows penalty-free withdrawals from qualified
retirement savings plans.
33. Under the current system, Tier IV workers with less than 10 years of service can withdraw only
their own contributions, with interest of just 5 percent. After 10 years, there is no right of withdrawal.
34. "What's Driving New York City's Growing Pension Burden?", Independent Budget Office, Inside
the Budget, Number 119, Aug. 13, 2003.
35. Andrew G. Biggs, "Personal Accounts in a Down Market: How Recent Stock Market declines
Affect the Social Security debate," Cato Institute Briefing Paper No. 74, September 10, 2002, p. 2.
36. See Gary Burtless, "Social Security Privatization and Financial Market Risk," Center on Social
and Economic Dynamics, Working Paper no. 10, February 2000, Figure 4, p. 28.
37. Sarah Holden and Jack VanDerhei, "Can 401(k) Accumulations Generate Significant Income for
Future Employee Benefits," Employment Benefit Research Institute Issue Brief, November 2002. The EBRI
model is based on an average contribution of 9.3 percent of pay, which is less than the maximum
recommended for New York. It also assumes levels of funding withdrawals that would be restricted or
prohibited altogether for participants in the proposed New York plan.
Defusing the Pension Bomb: How to Curb Public Retirement Costs in New York State
November 2003 17
38. EBRI's 401(k) model (Ibid.) found that a three-year bear market immediately before retirement
could depress the level of pre-retirement income replacement by 13 to 17 percent. By comparison, inflation
between 1978 and 1981 eroded the value of a dollar by 25 percent.
39. The distribution of worker longevity on state government payrolls can be viewed as a pyramid,
with most workers clustered near the base, in bands with least experience. In 2001-02, from 40 to 44 percent
of the general employees (excluding police and firefighters) in New York City and in others towns, cities
and counties had spent less than 10 years in the public pension system; more than 80 percent had less than
20. The state government's workforce is older and more senior on average; at the state level, about 33
percent of employees had been in the pension system less than 10 years, and 68 percent had been in the
system for less than 20 years.
40. Statement quoted in Press Release from the Office of New York State Comptroller Alan G. Hevesi,
Sept. 8, 2003.
41. Ibid.
42. State of Wisconsin, Retirement Research Committee, "2000 Comparative Study of Major Public
Employee Retirement Systems," Staff report No. 83.
43. U.S. General Accounting Office, Report to Congressional Committees, "State Pension Plans:
Similarities and Differences between Federal and State Designs," March 1999, GAO/GGD-99-45.
44. Other large companies including GE and IBM offer similar stock purchase options.
45. Congressional Budget Office, CBO Memorandum, "Comparing Federal Employee Benefits with
Those in the Private Sector," August 1998, p. 9.
46. Weighted survey data from the March 2002 supplement to the Current Population Survey. These
averages compared only public and private DB plans and did not include income from 401(k) accounts,
Individual Retirement Accounts and other savings-based retirement plans commonly found in the private
sector.

M A N H A T T A N I N S T I T U T E F O R P O L I C Y R E S E A R C H
M
52 Vanderbilt Avenue * New York, NY 10017
www.manhattan-institute.org

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>> THE NEW S&L...

Senate Passes Pension Relief Bill
Jan 28, 10:32 PM (ET)
By JIM ABRAMS
(AP) The Senate, acting with rare election-year concord, passed a bill Wednesday, Jan. 28, to reduce by...
Full Image
WASHINGTON (AP) - The Senate, acting with rare election-year concord, passed a bill Wednesday to reduce by $96 billion the payments companies will have to make into their pension plans this year and next.
Sponsors said the measure, passed 86-9, will help preserve pension benefits for millions of workers by discouraging financially strapped companies from terminating plans as no longer affordable.
"Our pension plans are being battered by a perfect storm of declining interest rates, stock market declines and a weak economy," said Sen. Edward Kennedy, D-Mass. The bill, he said, "will help the hard-earned pensions of millions of Americans to weather this storm."
The Senate must still work out differences with the House, which passed similar legislation late last year, and answer administration objections to a provision that would excuse airlines and steelmakers with chronic pension underfunding problems from $16 billion in catch-up payments.
For thousands of companies, speed is crucial. They face huge increases in payments to their pension funds if the measure doesn't become law by April.
"A lot of companies have suffered" already as a result of congressional delay, said Lynn Dudley, vice president of the American Benefits Council, a business group representing employers and retirement-plan providers.
She said her group's "members are withholding opening plants, not increasing new hires and avoiding improvements to their programs until they know what their liabilities are."
Unions have also lobbied for the legislation. Although the legislation will result in smaller payments to pension funds over the short run, it gives some financial breathing space to companies that might otherwise go bankrupt, lay off workers, freeze their pension plans or renege on the promised benefits.
Failed pension plans are turned over to the Pension Benefit Guaranty Corp., a government agency that insures pensions for some 44 million people in more than 30,000 defined-benefit pension plans.
The PBGC finances itself with premiums it assesses pension plan sponsors, in much the same way the Federal Deposit Insurance Corp. collects premiums from banks and thrift institutions to insure their depositors. Last year the PBGC took over 152 bankrupt single-employer pension plans covering 206,000 people, and saw its deficit rise to a record $11.2 billion.
Workers may lose a portion of their benefits when the PBGC becomes trustee of a plan. For example, the agency announced Wednesday it was taking over the plan of a bankrupt North Carolina construction company with 6,300 workers, pension plan assets of $95 million and benefit promises totaling $215 million. The PBGC estimated it will end up assuming $104 million of the $120 million shortfall, with the rest made up by lower retiree benefits.
Pension plans are in crisis partly because contributions have been tied to the interest rate on 30-year Treasury bonds. But the Treasury Department stopped issuing the bonds in 2001 and interest rates fell precipitously, producing smaller returns on pension plan investments. Underfunding of pension plans is now estimated to total $350 billion nationwide.
The Senate bill would establish a new formula that would make contributions dependent on the investment return from a blend of corporate bond index rates. The PBGC says that will save companies $80 billion over the next two years while Congress and the administration work on long-term overhaul of the pension system.
The measure is particularly important to mature industries such as automobiles, where retirees at some companies outnumber current employees. General Motors Corp. (GM), for example, has 25 retirees for every 10 active employees and will have to pay out $6 billion in pension benefits this year.
The bill also gives relief and requires greater transparency for unions and others involved in multi-employer pension plans.
Its most controversial provision singles out airlines and steelmakers, among others who have chronically underfunded plans, for special breaks.
Currently, such companies must make deficit reduction contributions, above their normal payments, to reduce their underfunded amounts. The bill would allow these employers to pay only 20 percent of their required catch-up pay in 2004, and 40 percent in 2005.
The three Cabinet secretaries who make up the board of the PBGC, Elaine Chao of Labor, John Snow of Treasury and Donald Evans of Commerce, said last week they would recommend a presidential veto if this provision remained in the bill. They said the measure could worsen the underfunding problem.
The bill is H.R. 3108.
On the Net:
Congress: http://thomas.loc.gov/
Pension Benefit Guaranty Corp.: http://www.pbgc.gov/
ERISA Industry Committee: http://www.eric.org
+++
Senate Pension Agreement Paves the Way for a Taxpayer Bailout
by David C. John
WebMemo #405
January 27, 2004
In a direct parallel to legislative mistakes that helped to create the savings and loan crisis of the 1980s, the recent Senate bipartisan agreement on H.R. 3108, the Pension Fund Equity Act, places corporate interests above those of the taxpayer. The agreement between Sens. Chuck Grassley (R-IA), Max Baucus (D-MT), Judd Gregg (R-NH), and Edward Kennedy (D-MA) would make it much more likely that billions of dollars of taxpayer money will end up bailing out underfunded corporate pension plans.
Uncontroversial House language
As passed by the House last year, H.R. 3108 was limited to a minor, but important, change in the way that a pension plan's ability to pay future benefits are calculated. A provision that expired at the end of 2003 had required that the plans use up to 120 percent of the weighted average of the thirty-year treasury bond yield to determine if the plan was properly funded. However, the Treasury Department stopped issuing thirty-year bonds several years ago, and the House legislation replaced that index with another keyed to the yield on corporate bonds for a two-year period. During those two years, Congress is supposed to decide if the new measure should be made permanent or replaced by another.
The House language has been endorsed by the Administration as a first step towards their long term proposal of last year. This proposal is by far the most comprehensive approach to the problem of properly valuing defined benefit pension plans[1].
The Senate special interest agreement
The House provision is relatively uncontroversial, and the Senate should drop its agreement and just approve the House-passed language instead. Unfortunately, the Senate agreement adds special interest provisions that allow certain underfunded pension plans to avoid making additional payments in order to fully pay for their pension promises. Instead, they would only have to make 20 percent of the needed additional contribution in 2004, and 40 percent in 2005.
Airline and steel pension plans would automatically qualify for this relief, as would plans run by a railway workers union and some smaller businesses. Companies in other industries could apply to the Secretary of the Treasury for equal relief, and only the worst funded would fail to qualify. Finally, in a spectacular example of Congress picking winners and losers, the Senate agreement rewards Greyhound Lines, Inc., a bus company, for its lobbying skill by declaring that its pension plan is better funded than it actually is. If it is allowed to remain in the bill, this extremely dangerous exception to the rules is likely to be only the first example of Congress fiddling with pension accounting rules for political reasons.
Setting the stage for a taxpayer bailout of PBGC
The taxpayer is likely to pick up the cost for these special interest provisions. Already, the agency that insures this type of pension plan, the Pension Benefit Guarantee Corporation (PBGC), is seriously underfunded. According to numbers released earlier this month, the agency is running a record $11.2 billion deficit. That number could climb to $85.5 billion if all of the pension plans that could "reasonably" be expected to fail did so.
By allowing companies to avoid funding their pension plans' deficits, the Senate agreement makes it likely that taxpayers will have to pick up that liability. The sad fact is that many companies that qualify for the funding holiday will be in just as poor shape in 2006. The delay is likely to end with their plans running even higher funding deficits. And once they turn their even more underfunded plans over to PBGC, that agency will be further down the road to an inevitable taxpayer-funded multi-billion dollar bailout.
PBGC insures the pensions of about 44 million Americans. As its deficits mount, Congress will be faced with the choice to either allow retired workers to lose pensions they have earned or to pump billions of dollars of taxpayer money into PBGC to make up the difference. No one seriously believes that Congress will renege on PBGC's guarantees, and the Senate pension agreement will do nothing more than to increase the amount that taxpayers will have to provide.
To make matters worse, individual workers could also suffer from a PBGC bailout. Already, workers' pensions tend to be reduced when the plan is turned over to PBGC. As part of a congressional bailout, these benefits are likely to be reduced even further.
Repeating mistakes that caused the S&L bailout
Twenty years ago, Congress faced a funding crisis in the savings and loan industry by allowing S&Ls to declare that they had more assets than they actually did. Congress also passed provisions that gave even more undeserved benefits to specific companies that had the lobbying muscle to get that language hidden in bills. Those S&L bills used the same oblique ways of identifying the lucky recipient as the Senate pension agreement.
Even after receiving special treatment, the savings and loan industry began to run massive deficits that resulted in a bailout that cost ordinary taxpayers hundreds of billions of dollars. While a less "generous" Congress would have seen companies fail earlier, the cost to the taxpayer would have been much less.
As the American philosopher George Santayana noted, "Those who cannot remember the past are doomed to repeat it." The Senate pension agreement repeats the mistakes that caused the savings and loan bailout. If Congress approves the Senate pension agreement and President Bush signs it into law, the stage will be set for a massive taxpayer-funded bailout of PBGC that could have cost much less.
David C. John is Research Fellow in Social Security and Financial Institutions in the Thomas A. Roe Institute for Economic Policy Studies at The Heritage Foundation.


[1] For further background on the Administration proposal, see David John, Treasury Department Proposal for Defined Benefits Includes Important Reforms, Heritage Foundation Backgrounder #1676, August 7, 2003, http://www.heritage.org/Research/Regulation/bg1676.cfm.

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-----------------------------------------------
Government Safety Requirements at Nuclear Weapons Facilities Targeted for Elimination
By Nancy Zuckerbrod
Associated Press Writer
WASHINGTON (AP) - The Bush administration is looking at waiving some current government safety requirements at federal nuclear facilities if contractors don't like them - after Congress directed it to start fining contractors for violations.
Critics contend that long-established government standards at more than two dozen Energy Department nuclear weapons plants and research labs could become unenforceable under the proposal. Energy Department officials say the intent is to give contractors more flexibility without compromising safety.
Sen. Jim Bunning, R-Ky., an author of the 2002 legislation ordering the fines, accused the administration this week of distorting Congress' intent with a plan that "will likely decrease worker protection."
John Conway, chairman of an advisory board overseeing safety at the Energy Department, said the proposal would weaken safety standards covering more than 100,000 workers at the facilities. "The way it's written, I don't like it at all," said Conway, head of the Defense Nuclear Facilities Safety Board.
Energy Department officials said they have not made a decision on the proposal and emphasized that the government would retain the authority to approve or reject safety plans written by contractors.
"The department believes the proposed rule seeks to fully protect our workers," Assistant Secretary Beverly Cook said.
The proposal was outlined in a draft regulation put out by the department last month. Cook described it as part of a continuing effort to get contractors to focus on hazards specific to their sites rather than on dangers that don't exist everywhere.
The Energy Department can now fine contractors who expose workers to hazardous levels of radiation, but it has no authority to levy fines for failing to protect workers from other industrial dangers, such as exposure to toxic chemicals.
The proposed rule would change that, allowing the department to assess fines against contractors who violate what would be contractor-written safety plans dealing with industrial hazards.
"The decision making will be largely in the hands of contractors to decide what protections are appropriate," said Rep. Ted Strickland, D-Ohio. "It's the fox guarding the hen house."
The government often gives contractors financial incentives to complete projects ahead of schedule, and tough safety standards could slow contractors down, said Leon Owens, a worker and past president of the local union at the government's uranium plant in Paducah, Ky.
"I don't feel that a contractor would be as inclined to develop rules that would go the extra length to provide adequate protection for workers," Owens said.
Some of the basic standards the Energy Department generally requires contractors to meet mirror Occupational Safety and Health Administration regulations at private industrial sites, including commercial nuclear power plants.
While some contractors say they like the new rules, at least one is on record as opposing them. UT-Battelle, which operates the government's Oak Ridge National Laboratory in Oak Ridge, Tenn., said it would prefer one set of rules, based on OSHA guidelines, for all contractors.
On the Net:
Energy Department: http://www.doe.gov/
Defense Nuclear Facilities Safety Board: http://www.dnfsb.gov/
AP-ES-01-28-04 2032EST
This story can be found at: http://ap.tbo.com/ap/breaking/MGAG40L50QD.html
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FBI Recalls Head of Detroit Field Office
By SARAH KARUSH
Associated Press Writer
DETROIT (AP) -- The FBI agent in charge of the Detroit field office has been temporarily recalled to headquarters amid an internal investigation into a terrorism-related case and the handling of a confidential informant, officials said Wednesday.
Willie Hulon was replaced for the time being by Michael Wolf, who has headed the FBI office in New Haven, Conn., said two federal law enforcement officials, speaking on condition of anonymity.
The FBI declined to comment on the investigation, but issued a statement Wednesday saying that "any time an allegation is received it is investigated by the FBI and/or the Department of Justice to determine if there is any basis to it."
The investigation centers on the Detroit office's handling of the Jan. 20 arrests of Ali Abdul-Karim Farhat and Hassan Farhat, brothers charged with drug trafficking and with giving financial support to the Hezbollah terrorist group, the law enforcement sources said.
In addition, the officials said the internal probe is concerned with a letter written by informant Marwan Farhat contending that an FBI agent told him to break the law by stealing mail from people the government identified as terror suspects. Marwan Farhat is not related to the two brothers.
One federal law enforcement official confirmed the contents of the letter, which was first reported this week by The Detroit News.
The investigation is being conducted by the FBI's Office of Professional Responsibility and the inspector general of the Justice Department.
Marwan Farhat also figures in a Justice Department probe of Assistant U.S. Attorney Richard Convertino, the lead prosecutor in a major post-Sept. 11 case that ended in two terrorism convictions. A federal judge is deciding whether to grant a new trial in that case because Convertino and his co-counsel failed to turn over evidence that might have helped the defense.
After Marwan Farhat, a defendant in a drug case, became a confidential informant, Convertino recommended that he get a lesser prison sentence than federal guidelines recommend.
Associated Press Writer Curt Anderson in Washington contributed to this report.
Copyright 2004 Associated Press. All rights reserved.
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Mexican Man Says He Buried Bodies in Yard
By OLGA R. RODRIGUEZ
Associated Press Writer
CIUDAD JUAREZ, Mexico (AP) -- A Mexican man who lived in the house where 11 bodies were discovered told police he helped kill and bury victims in his backyard at the behest of drug smugglers - and he thinks there are still more dead to be found, a prosecutor said Wednesday.
Police were tearing up the backyard at the house rented by Alejandro Garcia, who was arrested Tuesday in the border city of Ciudad Juarez, Deputy Attorney General Jose Luis Santiago Vasconcelos said during a news conference. Garcia allegedly told police they would find more bodies if they keep looking.
Santiago Vasconcelos said officials also plan to search six more homes in Ciudad Juarez. He said three would be searched because people had come forward to say they believed their missing relatives were buried there. He refused to say why they were searching the other three homes.
Officials said Garcia was trying to flee to the United States along with his wife and son when he was caught Tuesday. Over the weekend, officials uncovered the remains of 11 men who had been buried in his backyard, several under a patio that was still being torn apart Wednesday.
Mexican investigators said the property apparently was also used by Humberto Santillan, who was arrested Jan. 15 across the border in El Paso, Texas. Mexican authorities identified Santillan as one of the chief lieutenants for the Vicente Carrillo drug gang.
Garcia, who said he had been working with the Carrillo cartel for a year, told police he killed under the orders of Santillan and a Mexican state police commander. Santiago Vasconcelos did not say what role Garcia played in cartel.
Santiago Vasconcelos said police were investigating how many state police had been helping the drug cartel, adding there was an "extreme breakdown" of the region's law enforcement.
"Instead of protecting and guaranteeing the safety of the population, they are openly working with organized crime," he said. "This is serious, and we're not going to tolerate it. We will fight it to its core."
He added that the recent killings were "a result of this organization trying to guarantee their supremacy and their survival" as federal officials crack down on narcotics organizations across Mexico.
Copyright 2004 Associated Press. All rights reserved.
-------------------------------------------------
Syrian Prisoner's Family Awaits Return
By ALBERT AJI
DAMASCUS, Syria (AP) - Every morning for the past 18 years, Khayreya Fahd al-Muhammad has spoken to a framed photograph of her son Farouk hanging on her wall. The real Farouk has been in prison in Israel.
On Friday, she expects to again see Farouk, 40, after his release as part of a German-brokered exchange of prisoners between Israel and the Lebanese guerrilla group Hezbollah.
Farouk Nasser al-Ali is one of five Syrians in a group of 36 Arab ex-prisoners that a German military plane is expected to deliver to Beirut, the Lebanese capital, on Thursday afternoon. He will then go on to the family home in Dumar, five miles west of Damascus, the Syrian capital, for the reunion.
"It is incredible. My son is getting out," Khayreya said Wednesday.
Farouk was captured by Israeli forces on the Lebanese-Israeli border in 1986 while taking part in a military operation with the Palestinian guerrilla group, the Democratic Front for the Liberation of Palestine, or DFLP. His two comrades were killed in the operation.
For the next three years, Khayreya and her family thought Farouk had been killed.
"The DFLP told us 'your son is a martyr,' and they distributed his photo in the streets. But three years later I received a letter from Farouk through the Red Cross," Khayreya said.
"When I got the news that he was alive, I walked barefoot for eight kilometers (five miles) from home to the Red Cross offices in downtown Damascus."
Indicating the photograph on her wall, she said with watery eyes: "Every morning I stand before the photo and say: 'Good morning, Farouk, will you drink coffee with me?'"
Farouk's father, Nasser Ibn Ahmed al-Ali, 68, said he has been depressed for the 18 years of his son's imprisonment. "When I see him I will cry," he said.
Farouk's sister, Fayrouz, 39, said her brother wrote to her from prison last August to say he was in good health.
Farouk's younger brother Amjad, 23, and sister Majd, 18, do not remember their brother. They know him only from pictures.

Posted by maximpost at 10:44 PM EST
Permalink

>> OUR FRIEND BOB RUBIN...
http://www.brook.edu/views/papers/orszag/20040105.pdf

Democrats' Fiscal Discipline Is Pure Posturing: Baum (Correct)
(Adds dropped word in third paragraph. Commentary. Caroline Baum is a columnist for Bloomberg News. The opinions expressed are her own.)
Jan. 28 (Bloomberg) -- The seven Democratic presidential candidates have been hammering away at President George W. Bush for what they say is his fiscal irresponsibility.
The way they see it, they (in the guise of Bill Clinton) handed over the reins of government in early 2001 to a Republican president who, with the help of a Republican Congress, managed to turn a record $237 billion surplus into a record $374 billion deficit in three short years.
The non-partisan Congressional Budget Office Monday projected a $477 billion deficit for fiscal 2004, which ends Sept. 30. At 4.2 percent of gross domestic product, this year's deficit is below the record 6 percent share of GDP in 1983.
As the booming economy chips away at the Democrats' major campaign issue -- they're hoping anemic job growth persists until the election -- the candidates have resorted to criticizing the burgeoning budget deficit, which for them is synonymous with the Bush tax cuts.
Remember the old stereotypes? The GOP used to be the party of limited government. The Democrats were the party of tax and spend.
Robert Rubin changed all that. The Clinton administration economic adviser and then Treasury secretary nixed the idea of middle-class tax cuts and convinced the president that raising taxes would bring down the deficit, lower long-term interest rates and stimulate the economy. Fiscal responsibility was the new rallying cry.
Legacy
Never mind that there's no known accredited economic school advocating tax increases as stimulative. Rubinomics survives to this day.
Rubin, in his debut as academic economist, teamed up with the liberal Brookings Institution's Peter Orszag and Decision Economics' Allen Sinai on a paper presented at the Jan. 4 American Economics Association annual conference entitled, ``Sustained Budget Deficits: Longer-Run U.S. Economic Performance and the Risk of Financial and Fiscal Disarray.''
In it, the authors warn of the ``severe economic consequences'' of large, protracted deficits, which need to be addressed by ``a combination of expenditure restraint and revenue increases.''
If the authors think current budget policy is a mess, and it is, they should take a gander at the Democratic candidates' fiscal proposals. While the Democrats have been hyperventilating over ``the red ink in the federal budget, every one of the seven hopefuls would worsen the deficit by billions or even trillions of dollars,'' writes Drew Johnson, a policy analyst for the National Taxpayers Union Foundation, in a paper entitled, ``The Return of Fuzzy Math and Risk Schemes: How Presidential Hopefuls Would Deepen Deficits.'' (The NTUF is the educational and research arm of the National Taxpayers Union, an advocacy group.)
Hey Big Spender
Using the NTUF's BillTally model, a computerized accounting system that calculates the cost of every piece of congressional legislation over $1 million, Johnson found the seven candidates would raise spending on average by $501 billion, 22 percent above planned outlays.
The two biggest spenders, Reverend Al Sharpton and Representative Dennis Kucinich, aren't serious candidates. Excluding their trillion-dollar-plus spending proposals, as well as the conservative platform outlined by Connecticut Senator Joseph Lieberman (a serious candidate by all measures except votes), ``the average comes down to the high 220s'' (that's billions), Johnson says.
Even if the full rollback of the 2003 tax cut is captured, dollar for dollar, as revenue (Johnson used an optimistic estimate of $135 billion), all the candidates ``offer platforms that call for more spending than would be offset by repealing the Bush tax cut,'' he says.
Challenges
Bill Gale, co-director of the Urban-Brookings Tax Policy Center, challenges the NTUF's numbers on a couple of grounds. First, he says there aren't enough specific proposals to do revenue estimates. And ``the spending proposals are even murkier than the tax proposals,'' he says.
Second, the estimate of the revenue loss from the tax cut is too low. The revenue recouped from repeal would probably be more than the four viable Democratic candidates propose to spend, Gale says.
``It's hard to believe anyone has been a bigger fiscal disaster than President Bush,'' he says.
Bush has been as generous in spending the taxpayers' money as he has been in cutting their taxes. Total spending, which includes money for both entitlements (Social Security, Medicare) and discretionary spending (defense, education, transportation), rose from a 34-year low of 18.4 percent of GDP in 2000 to a projected 20 percent in 2004, according to the CBO.
Spending Binge
Some of the increase in spending over the last few years has been linked to the war on terror -- spending for defense and for homeland security, two-thirds of which falls outside the defense budget. Non-defense discretionary spending -- discretionary spending is subject to annual congressional appropriations -- ``has risen almost as rapidly as defense spending in recent years,'' says Veronique de Rugy, a fiscal policy analyst at the libertarian Cato Institute. ``Real discretionary non-defense spending increased 23 percent during President Bush's first three years in office.''
Compare that to the rate of inflation over the same three- year period of about 6 percent.
Analysts like to strip out mandatory, or entitlement, spending, which is on automatic pilot, and defense spending -- presumably national defense is a priority for most Americans --to ascertain how serious the administration and Congress are about controlling the growth of government.
Finding Cover
Non-defense discretionary spending rose 12.3 percent in fiscal 2002, 8.7 percent in fiscal 2003 and a projected 6.9 percent in 2004, according to de Rugy.
Backing out appropriations for homeland security isn't easy since Congress has discovered this no-fault category, which is as murky as ``emergency spending.'' Based on some numbers provided by the CBO, non-defense discretionary spending excluding homeland security rose 9.7 percent in 2002, 3.4 percent in 2003 and 7.7 percent in 2004 (increases are based on spending authorized by Congress, not what was actually spent).
``There's only the faintest whiff of fiscal restraint going on,'' says Susan Hering, an economist at UBS Warburg. ``The acceleration in spending actually began as soon as a surplus emerged.''
It was projections of large deficits as far as the eye could see that forced Congress to find religion on spending in the 1990s. A decade later, with the retirement of the baby boomers close at hand, the enactment of a new prescription drug benefit certain to exceed the $400 billion 10-year estimated cost, and the three largest mandatory spending programs -- Social Security, Medicare and Medicaid -- threatening to gobble up an increasing share of the budget, the administration and Congress need to recommit to real fiscal discipline.
That goes for the presidential wannabes, too.
Last Updated: January 28, 2004 11:24 EST
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Sustained Budget Deficits: Longer-Run U.S. Economic Performance and the Risk of Financial and Fiscal Disarray

Robert E. Rubin, Peter R. Orszag, and Allen Sinai*

Paper presented at the AEA-NAEFA Joint Session, Allied Social Science Associations Annual
Meetings, The Andrew Brimmer Policy Forum, "National Economic and Financial Policies for
Growth and Stability," Sunday, January 4, 2004, San Diego, CA
* Robert E. Rubin is Member, Office of the Chairman, Citigroup; Peter R. Orszag is Joseph A.
Pechman Senior Fellow, Brookings Institution; and Allen Sinai is Chief Global Economist, Decision Economics, Inc. The authors thank Alan Auerbach, William Gale, Robert Greenstein, and Richard Kogan for the joint work upon which parts of this paper are based, as well as for insightful comments and discussions regarding this paper; Henry Aaron, Robert Cumby, Peter Diamond, Doug Elmendorf, Maya MacGuineas, Jonathan Orszag, and David Wilcox for helpful comments and discussions; Emil Apostolov, Matt Hall, and Jennifer Derstine for research
assistance; and Chip Curran, Suleyman Ozmucur, and Michael Gough for research assistance, work with the Decision Economics, Inc. (DE) Budget Models, and economic and budget forecasts. The views presented here do not necessarily represent those of the organizations with which the authors are affiliated.
1
Sustained Budget Deficits:
Longer-Run U.S. Economic Performance
and the Risk of Financial and Fiscal Disarray
Robert E. Rubin, Peter R. Orszag, and Allen Sinai
I. Introduction
The U.S. federal budget is on an unsustainable path. In the absence of significant policy changes, federal government deficits are expected to total around $5 trillion over the next decade. Such deficits will cause U.S. government debt, relative to GDP, to rise significantly.
Thereafter, as the baby boomers increasingly reach retirement age and claim Social Security and
Medicare benefits, government deficits and debt are likely to grow even more sharply. The scale of the nation's projected budgetary imbalances is now so large that the risk of severe adverse consequences must be taken very seriously, although it is impossible to predict when such consequences may occur.
Conventional analyses of sustained budget deficits demonstrate the negative effects of deficits on long-term economic growth. Under the conventional view, ongoing budget deficits decrease national saving, which reduces domestic investment and increases borrowing from abroad.1 Interest rates play a key role in how the economy adjusts. The reduction in national saving raises domestic interest rates, which dampens investment and attracts capital from
abroad.2 The external borrowing that helps to finance the budget deficit is reflected in a larger
current account deficit, creating a linkage between the budget deficit and the current account deficit. The reduction in domestic investment (which lowers productivity growth) and the increase in the current account deficit (which requires that more of the returns from the domestic capital stock accrue to foreigners) both reduce future national income, with the loss in income steadily growing over time. Under the conventional view, the costs imposed by sustained
deficits tend to build gradually over time, rather than occurring suddenly.
The adverse consequences of sustained large budget deficits may well be far larger and occur more suddenly than traditional analysis suggests, however. Substantial deficits projected far into the future can cause a fundamental shift in market expectations and a related loss of confidence both at home and abroad. The unfavorable dynamic effects that could ensue are largely if not entirely excluded from the conventional analysis of budget deficits. This omission is understandable and appropriate in the context of deficits that are small and temporary; it is increasingly untenable, however, in an environment with deficits that are large and permanent.
Substantial ongoing deficits may severely and adversely affect expectations and confidence, which in turn can generate a self-reinforcing negative cycle among the underlying fiscal deficit, financial markets, and the real economy:
1 The conventional view assumes that in the long term, the economy operates at, or near, full employment.
2 The increase in interest rates may also exert a negative influence on aggregate demand through several channels.
First, the increase in interest rates reduces investment, which is a component of aggregate demand. Second, the increase in interest rates may directly reduce interest-sensitive consumption, such as on credit-financed durable goods. Third, the increase in interest rates may indirectly reduce consumption, by reducing asset values and therefore household net wealth.
2
* As traders, investors, and creditors become increasingly concerned that the government would resort to high inflation to reduce the real value of government debt or that a fiscal deadlock with unpredictable consequences would arise, investor confidence may be severely undermined;
* The fiscal and current account imbalances may also cause a loss of confidence among participants in foreign exchange markets and in international credit markets, as participants in those markets become alarmed not only by the ongoing budget deficits but
also by related large current account deficits;
* The loss of investor and creditor confidence, both at home and abroad, may cause investors and creditors to reallocate funds away from dollar-based investments, causing a depreciation of the exchange rate, and to demand sharply higher interest rates on U.S. government debt;
* The increase of interest rates, depreciation of the exchange rate, and decline in confidence can reduce stock prices and household wealth, raise the costs of financing to business, and reduce private-sector domestic spending;
* The disruptions to financial markets may impede the intermediation between lenders and borrowers that is vital to modern economies, as long-maturity credit markets witness potentially substantial increases in interest rates and become relatively illiquid, and the reduction in asset prices adversely affects the balance sheets of banks and other financial intermediaries;
* The inability of the federal government to restore fiscal balance may directly reduce business and consumer confidence, as the view of the ongoing deficits as a symbol of the nation's inability to address its economic problems permeates society, and the reduction in confidence can discourage investment and real economic activity;
* These various effects can feed on each other to create a mutually reinforcing cycle; for example, increased interest rates and diminished economic activity may further worsen the fiscal imbalance, which can then cause a further loss of confidence and potentially spark another round of negative feedback effects.
Although it is impossible to know at what point market expectations about the nation's large projected fiscal imbalance could trigger these types of dynamics, the harmful impacts on the economy, once these effects were in motion, would substantially magnify the costs associated with any given underlying budget deficit and depress economic activity much more than the conventional analysis would suggest. Indeed, the potential costs and fallout from such fiscal and financial disarray provide perhaps the strongest motivation for avoiding substantial, ongoing budget deficits.TP
3
PT
Conventional analyses of budget deficits also do not put enough emphasis on three other related factors: uncertainty; the asymmetries in the political difficulty of revenue increases and
TP
3
PT As Ball and Mankiw (1995, p.117) argue, "We can only guess what level of debt will trigger a shift in investor confidence, and about the nature and severity of the effects. Despite the vagueness of fears about [these effects], these fears may be the most important reason for seeking to reduce budget deficits."
3
spending reductions relative to tax cuts and spending increases; and the loss of flexibility in the future from enacting tax cuts or spending increases today. Budget projections are inherently
uncertain, but such uncertainty does not provide a rationale for fiscal profligacy. The uncertainty
surrounding budget projections means that the outcome in the future can be either better or worse than expected today. Such uncertainty can actually increase the incentive for more saving ahead of time--in other words, for more fiscal discipline. In addition, it is much harder for the political system to reduce deficits than to expand them. As a result of this asymmetry, enacting a large tax cut or spending increase today is costly because it reduces the flexibility to adjust fiscal policy to future events. Therefore, large tax cuts or spending increases today carry a cost typically excluded from traditional analysis: They constrain policy-makers' flexibility to respond to unforeseen events in the future.
Thus, in our view, to ensure healthy long-run U.S. economic performance, substantial changes in fiscal policy are needed to deal preemptively with the risks stemming from sustained large budget deficits and the economic imbalances they entail. The political system, however, seems unwilling to address the threat posed by future deficits and to make the necessary choices to put the nation on a sustainable fiscal course.4 Failing to act sooner rather than later, though, only makes the problem more difficult to address without considerable instability, raises the probability of fiscal and financial disarray at some point in the future, and runs the risks of further constraining policy flexibility in the future.
We emphasize that our focus is on the effects of ongoing, sustained budget deficits. It is important to underscore that temporary budget deficits can be beneficial by providing short-term macroeconomic stimulus when the economy is weak and has considerable unused resources of capital and labor. When necessary to spur a weak economy, policy-makers could employ various fiscal policy programs, each with relative advantages and disadvantages in different contexts. Whatever decisions are made about short-run fiscal policy when the economy is weak, the objective should be budget balance over the business cycle.
The next section of this paper presents projections of federal government budget deficits over the next 10 years and thereafter, including baseline projections and sensitivity analysis.
Section III presents the conventional view of the effects of federal budget deficits. Section IV
discusses the potentially more important financial and economic effects not included in the conventional view. A final section provides some perspectives on approaches for restoring fiscal
discipline.
II. Budget Projections Over the Next Decade and Thereafter
A. 10-Year Baseline
The most recent medium-term official projections from the Congressional Budget Office (CBO) cover fiscal years 2004 through 2013. A new set of projections will be released later in January. The following analysis is based primarily on the CBO update from August 2003.5
4 As three leading Washington organizations from across the political spectrum emphasized in a rare joint statement in September 2003, "instead of expressing alarm, many in Washington now argue that escalating deficits do not really matter, that they are self-correcting, that they are unrelated to interest rates or future economic well-being, and
that tax cuts will pay for themselves later by spurring economic growth. It would be wonderful if this were true. It is not." Committee for Economic Development, Concord Coalition, and the Center on Budget and Policy Priorities
(2003).
5 See CBO (2003a). This section draws upon Gale and Orszag (2003b) and Gale and Orszag (2003c).
The official CBO August 2003 baseline suggests a 10-year unified deficit equivalent to about 1 percent of GDP, with the deficit reaching a maximum of 4.3 percent of GDP in 2004.
Steady declines in the deficit are projected after 2004 and the official baseline, which is more akin to a planning scenario than a true forecast, even shows a surplus by the end of the decade
(top line in Figure 1). This baseline would be heartening if it were predicated on credible
assumptions about the current thrust of budget policy. Unfortunately, statutory and other restrictions prevent the CBO from adopting more reasonable assumptions in its baseline.6
In particular, the CBO baseline assumes that by 2013 discretionary spending has declined by 7 percent on a real per capita basis, that tens of millions of taxpayers will be paying the individual alternative minimum tax (AMT) by the end of the decade, and that sunsets on various tax provisions (including the 2001 and 2003 tax cuts) actually occur. Also, the August 2003 baseline projections were published before the Medicare prescription drug benefit had been enacted.
Figure 1: Budget Projections, FY 2003-13, as a Share of GDP (Percent)
-7 -6 -5 -4 -3 -2 -1 0 1 2
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Percent of GDP
With Medicare legislation
CBO August 2003 baseline
Fix AMT
Extend tax provisions
Hold real disc. spending per capita constant
Exclude retirement trust funds
Sources: CBO (2003a); Gale and Orszag (2003b) updated to include cost of Medicare drug benefit.
If one includes the cost of the recently enacted prescription drug benefit, assumes that discretionary spending keeps pace with inflation and population growth, that the growth in the fraction of taxpayers subject to the AMT is eliminated, and that all expiring tax provisions are made permanent, the federal government would face unified deficits averaging about 3.5 percent of GDP over the next 10 years (Figure 1).7 The unified budget deficit for 2004 through 2013, on 6 For a more extensive discussion, see Auerbach, Gale, Orszag, and Potter (2003).
4
7 Since the AMT is not indexed for inflation and was not adjusted on a long-term basis when income taxes were reduced in 2001 and 2003, in the absence of any policy changes AMT participation would rise from about 3 million persons today to about 33 million in 2010. The adjusted budget figures in Figure 1 maintain roughly constant AMT participation over time by making all temporary AMT provisions permanent, raising the AMT exemption, indexing
5
this adjusted basis, would cumulate to about $5 trillion. Those deficits, furthermore, include the
temporary cash-flow surpluses in retirement trust funds. Excluding such retirement trust funds, the projected deficits would be even larger, shown by the bottom line in Figure 1.
These adjusted projections are similar in spirit and magnitude, though different in some details, to those made by the Committee for Economic Development, Concord Coalition, and Center on Budget and Policy Priorities; Decision Economics, Inc. (DE); and Goldman Sachs (see Table 1).
As Table 1 indicates, there is broad consensus by independent analysts that the CBO baseline projections over the next 10 years are too optimistic relative to any set of realistic policy
assumptions and economic projections. A reasonable expectation for the cumulated unified budget deficit over the next decade would be about $5 trillion. Under the Decision Economics
$5.4 trillion estimate, the deficits would raise the public debt-to-GDP ratio from at least 35 percent in 2003 to roughly 50 percent by 2013. The 2013 ratio would be the highest, with the possible exception of a few years in the early 1990's, since the mid 1950s, when the nation was still paying down the debt incurred during World War II.
Table 1: Deficit Projections for FY 2004-2013
Organization Adjustments to August 2003 CBO
Projections
10-Year Unified
Budget Deficit
Projection,
$ Trillions
Congressional Budget Office None 1.4
CED/CBPP/Concord Coalition8 Sunsets; AMT; Medicare Rx; removes supplemental from baseline, but adds projected defense costs; domestic discretionary per capita
5.0
Gale-Orszag, updated to include Medicare legislation9
Sunsets; AMT; Medicare Rx;
discretionary spending per capita
5.1
Decision Economics, Inc. (DE)10 Some sunsets; AMT; Medicare Rx;
defense and nondefense discretionary
adjustments; economic projections
5.4
Goldman Sachs11 Sunsets; AMT; Medicare Rx; defense
and non-defense discretionary adjustments; economic assumptions
5.5
Budget Projection Uncertainty
Any single deficit projection, including those in Table 1, should be treated with some caution since substantial uncertainty surrounds such projections. The budget deficit is the difference between two large quantities, federal government taxes and spending. Small the tax for inflation, and allowing exemptions for dependents. Under these assumptions, about 2.7 million taxpayers would face the AMT in 2013 assuming that the other expiring tax provisions are extended. For more details on the adjustments, see Gale and Orszag (2003b).
8 Committee for Economic Development, Concord Coalition, and the Center on Budget and Policy Priorities (2003).
9 Gale and Orszag (2003b).
10 Decision Economics, Inc. (DE); December 2003.
11 Goldman Sachs (2003).
6
percentage errors in either can cause large percentage changes in the differences between them.
For example, in FY 2003, outlays amounted to about $2.2 trillion and revenues about $1.8 trillion, leaving a deficit of slightly under $400 billion. Under-estimating outlays by just 5 percent and over-estimating revenues by just 5 percent would have caused the deficit to increase by about 50 percent, to almost $600 billion.12 The effects on projected budget deficits from assumptions made about spending on defense, Iraq and terrorism outlays, the future of the AMT, the sunsets of certain tax policies, and underlying economic projections can be quite large.
Uncertainty is not by itself grounds for comfort, since the outcome may turn out to be either better or worse than the central estimate; in other words, there is no evidence that the projections are biased toward overestimating deficits.
One particular dimension of budget sensitivity that is frequently noted involves economic growth. The CBO projections assume that real GDP will grow at an annual rate of 3.4 percent in 2004, about 3.4 percent per year between 2005 and 2008, and about 2.7 percent (the growth rate estimated for potential output) between 2009 and 2013. Over the 10-year period between 2004 and 2013, real GDP growth is assumed to average near 3.0 percent per year. Would faster economic growth substantially change the budget outlook?
Table 2 shows how alternative rates of economic growth would affect the federal budget deficit, based on adjustments calculated by CBO for its own baseline projections. The Table shows that if growth is slower than CBO currently assumes, the deficits will be larger. Table 2 also shows that if the economy grew 0.5 percentage point faster than CBO projects, the adjusted budget would show a deficit averaging about 2.7 percent of GDP. Even if economic growth exceeded projections by a full percentage point (that is, the growth rate were about one-third
higher than projected), the budget would likely remain in deficit over the decade.
In evaluating these alternative projections, three points are worth noting. First, the Administration, in its FY 2004 budget, assumed real growth that was 0.1 percentage point faster than CBO for calendar years 2005 through 2008.13 Such a difference in assumed real growth rates would have only a modest effect on the budget totals, as suggested by Table 2. Second, real GDP growth in the boom years of the late 1990s averaged about 4 percent per year.14 It
seems quite unlikely that such rapid growth could be sustained over an entire decade, especially given projected declines in labor force growth rates.15 Our conclusion is that more rapid economic growth can reduce projected deficits, but even relatively large shifts would leave the country with a sizeable fiscal imbalance over the next decade, and one that will become significantly worse after 2013.16 Third, a key question is the type of policies that would spur faster growth in the long term; the calculations in Table 2 assume no change in policies, just in
12 The CBO is admirably candid in acknowledging the uncertainty surrounding budget projections. Recent CBO publications have included a "fan graph" based on past forecasts, to illustrate the likelihood of different budget outcomes. The graph shows a wide range of possible short- and medium-term outcomes.
13 CBO (2003c), Table 12.
14 Real GDP grew by an average annual rate of 4.1 percent between 1995 and 2000. 15 CBO assumes that potential labor force growth will slow from 1.5 percent in 2003 to 0.6 percent in 2012.
Authors' calculations based on spreadsheet on "Key Assumptions in CBO's Projection of Potential GDP"
accompanying CBO (2003a).
16 DE Baseline projections show $5.4 trillion of cumulated deficits over 2004-2013, with real economic growth projected at 3.2 percent per year and potential real GDP growth at 3.1 percent per year, compared with the 3 percent per annum and 2.8 percent per annum projections, respectively, in the CBO baseline.
7
the underlying rate of growth. As we emphasize throughout this paper, though, the deficits themselves pose a risk to economic growth in the future.
Table 2: Effects of Faster Economic Growth on Budget Deficits, 2004 to 2013
CBO baseline (average real growth of 3.0
percent per year) adjusted for growth:
Adjusted Unified
Budget Deficit, $
Trillions (Cumulative)
As Percent of
GDP
(%)
1.0 percentage point slower per year 7.6 5.3
0.5 percentage point slower per year 6.3 4.4
No adjustment (adjusted baseline) 5.1 3.5
0.5 percentage point faster per year 3.8 2.7
1.0 percentage point faster per year 2.6 1.8
Source: Gale and Orszag (2003c), Table 4, updated to include cost of Medicare prescription drug benefit and effects of slower growth.
B. Long-Term Budget Prospects--Beyond the Next Decade
CBO projections suggest that Social Security, Medicare, and Medicaid expenditures are expected to rise from about 9 percent of GDP in 2010 to 14 percent by 2030 and almost 18 percent by 2050.17 In the absence of policy and program changes, these and other long-term societal needs would add to the already large, sustained fiscal deficits over time.
Various analysts have generated summary measures of the nation's long-term fiscal imbalances. For example, Auerbach, Gale, and Orszag (2003) conclude that the "fiscal gap" over the long term amounts to between 4 and 8 percent of GDP.18 Gokhale and Smetters (2003) similarly report a $44 trillion fiscal imbalance under current policies, which is roughly comparable to the Auerbach, Gale, and Orszag results. To be sure, substantial uncertainty
surrounds these long-term projections, as emphasized in a recent CBO analyses of long-term budget deficits (CBO 2003b). Variations in assumed health care cost inflation, in particular, can have a substantial effect on the precise projections. Nonetheless, almost all studies that have examined the issue suggest that even if major sources of uncertainty are accounted for, serious long-term fiscal imbalances will remain.19
The Administration's budget also includes a vivid reminder of the nation's long-term budget pressures. Figure 2 is Chart 3-4 from the Analytical Perspectives, one of the volumes in the official budget documents. It shows that under an extension of the Administration's policies and according to the Administration's own estimates, the federal budget deficit increases substantially outside the 10-year budget window--even if productivity growth turns out to be higher than currently expected.
In evaluating these long-term deficits, it is important to recognize that Social Security, Medicare, and Medicaid are not the only factors exerting a large negative effect on the long-term
budget outlook. Indeed, the projected 75-year cost of the tax cuts endorsed by the Administration in its FY 2004 budget is more than three times the projected 75-year actuarial deficit in Social Security (see Appendix Table 1). The Administration's tax cuts would cost
17 Congressional Budget Office (2003b). These projections are for the "intermediate spending path" in the CBO analysis.
18 The "fiscal gap" is the immediate increase in taxes or reductions in non-interest expenditures required to prevent the ratio of government debt to GDP from ultimately exploding.
19 Lee and Edwards (2001) and Shoven (2002).
more than 2 percent of GDP over the next 75 years in present value; the Social Security actuarial deficit over the next 75 years amounts to 0.7 percent of GDP in present value.
Figure 2: Deficits, as Percent of GDP, Under Administration Policy and Alternative Productivity Growth Paths
Source: FY 2004 Budget, Analytical Perspectives, Chart 3-4.
III. Economic Effects of Sustained Budget Deficits: The Conventional Perspective
The conventional view of sustained budget deficits focuses on their effects on national saving, interest rates, and the current account. We begin with this conventional view; in the next section, we turn to some critical factors that are typically not included in the conventional analysis.
The conventional analysis of ongoing budget deficits reflects basic macroeconomic building blocks.20 National saving is the sum of private saving and public saving (positive when the public sector runs a budget surplus). National saving finances national investment, which is the sum of domestic investment and net foreign investment (the net accumulation by
the U.S. of assets abroad).21 National investment increases the accumulation of financial and real assets. The returns to the additional assets raise the income of Americans in the future.
20 As noted in the introduction, we focus on the long-term effects of budget deficits. The conventional analysis emphasizes that in both the short- and the long-run, budget deficits increase aggregate demand. If the economy is operating well below full employment of labor and capital, the increase in aggregate demand associated with an actively stimulative deficit may be beneficial, since it can bolster consumer spending and increase use of existing stocks of labor and capital to give the economy a boost in the short term. In the long run, however, as full employment is approached, persistent under-use of existing labor and capital does not occur. Under those circumstances, the only way to raise economic growth is to expand the economy's capacity to produce and to generate more income at home and abroad. By reducing national saving and thereby impeding the accumulation of capital over time, deficits hinder that prospect. For further details, see Gale and Orszag (2003a).
21 Net foreign investment is the difference between what the U.S. invests overseas and what foreigners invest in the United States. A decline in net foreign investment takes the form of reduced overseas investments by the U.S., increased borrowing from overseas by Americans, or increased investment in the U.S. by foreigners. Declines in net
foreign investment also correspond to a decline in the current account, defined as net exports of goods and services plus net factor payments from abroad plus net unilateral transfers.
8
9
These building blocks highlight two key aspects of sustained federal budget deficits.
First, an increase in the budget deficit (a decline in public saving) reduces national saving unless
it is fully offset by an increase in private saving. Second, a reduction in national saving reduces future national income.22
Empirical estimates for the United States suggest that private saving offsets perhaps onequarter of changes in the budget deficit.23 Reasonable estimates also suggest that about onethird of the decline in national saving is offset by capital inflows from abroad; the rest is reflected in a reduction in domestic investment.24 In other words, an increase in the budget deficit of $100 reduces national saving by about $75, and that $75 reduction in national saving is reflected in a $25 increase in borrowing from abroad and a $50 reduction in domestic
investment.
Deficits and the Current Account
As noted, estimates for the United States suggest that perhaps one-third or so of a reduction in national saving is financed by increased borrowing from abroad. That introduces a direct connection between budget deficits and current account deficits--budget deficits reduce national saving, and part of the reduction in national saving manifests itself as increased borrowing from abroad through a larger current account deficit.
The current account deficit currently exceeds $500 billion, or more than 5 percent of GDP, and reflects aggregate net foreign investment into the United States from all other countries. Without this access to international capital, the nation's low personal saving rate would even more severely constrain domestic investment. Having access to international capital is beneficial, but not so beneficial as financing the investment through U.S. domestic saving.
Current account deficits essentially mean mortgaging the future returns from the domestic capital stock. Foreign creditors understandably demand some return on their capital, with the required return presumably increasing as the amount that they lend increases. The future returns to the domestic investments financed by such borrowing from abroad therefore accrue, at least in large part, to foreign creditors rather than domestic citizens.
Deficits, Expected Deficits, and Interest Rates
The important empirical effect of budget deficits on domestic investment (with about half the increase in the budget deficit manifesting itself as a reduction in domestic investment) underscores the importance of increases in interest rates in response to increased budget deficits.
The story is a familiar one: budget deficits tend to reduce national saving and therefore put
22 Because national saving is equal to the sum of domestic investment and net foreign investment, the only issues are how that identity comes back into alignment following a decline in national saving. The possibilities are limited:
either domestic investment falls and/or net foreign investment falls. The changes in savings and investment quantities can occur with different combinations of the relevant prices, i.e., changes of interest rates, exchange rates, and price and wage inflation. In any case, however, the reduction in national saving triggers a decline in future
national income, all else being equal.
23 For example, the Congressional Budget Office (1998) concludes that private saving would rise by between 20 to 50 percent of an increase in the deficit. Elmendorf and Liebman (2000) conclude that private saving would offset 25 percent of an increase in the deficit. Gale and Potter (2002) estimate that private saving will offset 31 percent of the decline in public saving caused by the 2001 tax cut.
24 Over the long term, estimates suggest that between 25 percent and 40 percent of changes in national saving tend to be offset by net international capital flows. See the CBO (1997), Dornbusch (1991), Feldstein and Bacchetta (1991),
Feldstein and Horioka (1980), and Obstfeld and Rogoff (2000).
10
upward pressure on interest rates. The increase in interest rates facilitates the necessary
reduction in domestic investment and increased borrowing from abroad.
The connection between deficits and interest rates has been questioned by some in recent years. Some of the observers who have concluded that deficits do not affect interest rates have reached that conclusion because they have simply examined the wrong question. Financial markets are forward-looking, so that long-term interest rates reflect expectations of future deficits. One would therefore not necessarily expect to find a relationship between long-term interest rates and current deficits, since the business cycle, the monetary loosening typical during economic downturns, and other factors may obscure the underlying relationship between fiscal policy and interest rates.
As Feldstein (1986) emphasized, it is essential to include expected future deficits in studies of the connection between deficits and interest rates.25 Sinai-Rathjens (1983) provides one of the earliest demonstrations of empirical evidence for the effects of expected future budget deficits on current interest rates.26 Gale and Orszag (2003a) conclude that studies incorporating expectations of future deficits tend to find economically and statistically significant connections between anticipated deficits and current interest rates.
A reasonable range for the increase in interest rates for each percent of GDP in projected deficits is 30 to 60 basis points.27 Using that range, the implication is that the sustained adjusted projected deficits in Figure 1 (which average about 3.5 percent of GDP) raise long-term interest rates by about 100 to 200 basis points compared to a balanced budget. An increase in interest rates of 100 basis points on a 30-year, $150,000 mortgage raises the annual mortgage payment by more than $1,000.
Some skeptics of the linkage between future fiscal conditions and current long-term interest rates argue that the current macroeconomic context "proves" that there is no such connection, since nominal long-term interest rates have remained relatively low despite the recent dramatic deterioration in the long-term budget outlook. This argument is problematic for several reasons. First, it is possible during economic downturns that financial markets do not focus on long-term fiscal issues; if this is the case, the effect of the fiscal deterioration on longterm interest rates will manifest itself only as the economy recovers. Second, the overall level of nominal interest rates is affected by many factors, including inflationary expectations, fiscal policy, monetary policy, and other variables. The Federal Reserve, for example, has reduced the short-term Federal funds rate to historic lows to bolster aggregate demand. For purposes of assessing the effects of future budget surpluses or deficits, it may be more insightful to examine 25 As Feldstein (1986) has written, "it is wrong to relate the rate of interest to the concurrent budget deficit without taking into account the anticipated future deficits. It is significant that almost none of the past empirical analyses of the effect of deficits on interest rates makes any attempt to include a measure of expected future deficits."
26 Sinai-Rathjens (1983, p. 10) noted that "changes in future budget deficits, through legislation or expectations, have a significant impact now on the bond market," and concluded from regression estimates that "expectations of large future budget deficits were shown to prop current long-term interest rates by at least two percentage points,
supporting those here and abroad who argue that bringing down U.S. budget deficits is a key to sustained economic
growth" (p. 15).
27 The President's Council of Economic Advisers has recently suggested that a sustained increase in the deficit equaling one percent of GDP would raise interest rates by 30 basis points (Wall Street Journal, 2003). The Gale-Orszag survey suggests that the effect could be 60 basis points or more, with results from some macro-econometric models, including the FRB/US model used at the Federal Reserve, showing an effect larger than 60 basis points in some simulations.
11
the spread between long-term and short-term interest rates. That spread is currently relatively high compared to its average level since 1960, and has increased substantially since the 2001 tax cut. To be sure, the interest rate spread typically widens during recessions and other periods of sluggish economic performance, and it is unclear to what extent the elevated spread reflects budget dynamics as opposed to other current and expected macroeconomic conditions. The point, however, is that it is not possible to dismiss the potential effect of deficits on interest rates merely by pointing to current market interest rates.
In summary, despite strong assertions by some of no evidence that deficits affect interest rates, empirical research tells a different story. It is essential to take expected future deficits into
account in examining the linkages between deficits and interest rates. Studies that incorporate
deficit expectations tend to find significant connections between deficits and interest rates.
Fiscal Discipline and Short-Term Stimulus
The forward-looking nature of financial markets means that credible future fiscal discipline can boost investment and interest-sensitive consumption before the fiscal policy changes actually take effect. In particular, credible reductions in future budget deficits can put downward pressure on long-term interest rates and raise the value of stock prices, thereby boosting investment, the interest-sensitive components of consumption, and consumption more broadly (because of increased household wealth) even before the deficit reduction itself has
taken effect.28
The most attractive policy combination to spurring demand in a weak economy with excess capacity of capital and labor would thus combine long-term fiscal discipline with shortterm fiscal stimulus. The short-term fiscal stimulus provides a direct spur to aggregate demand, while the long-term fiscal discipline provides an indirect one through forward-looking financial markets. The problem is how to combine the two in a credible manner--too much fiscal
stimulus extended over too long a period raises questions about whether long-term fiscal discipline will occur, thereby undermining the efficacy of such a joint package.
IV. Beyond the Conventional Analysis: The Risks of Financial and Fiscal Disarray
The conventional analysis of sustained budget deficits is important, but it also largely ignores the possibility of much more sudden and severe adverse consequences from permanent large budget deficits. This section moves beyond the conventional analysis, to consider the risks of financial and fiscal disarray that could result from ongoing fiscal imbalances.
We emphasize that many of these risks depend critically on expectations about fiscal conditions, and that shifts in expectations are both difficult to predict and can occur rapidly. It is not possible to know when the types of effects discussed here may manifest themselves, nor to quantify them. The economic and social costs involved are potentially so significant, however, that they provide perhaps the strongest motivation for dealing pre-emptively with large projected budget deficits.
To begin, note that the conventional analysis of budget deficits in advanced economies does not seriously entertain the possibility of fiscal or financial disarray. Government debt in the
28 See Blanchard (1984) for an early theoretical treatment. For a description of how this perspective affected policymaking during the 1990s, see Elmendorf, Liebman, and Wilcox (2002).
12
United States is still viewed as being the safest investment in the world, with virtually no possibility of explicit default or implicit default through high inflation.29 Conventional analyses
of budget deficits properly reflect that expectation. But if that expectation were to change and investors had difficulty seeing how the policy process could avoid extreme steps, the consequences could be much more severe than traditional estimates suggest.
As Ball and Mankiw (1995) argue, "If the debt-income ratio spins out of control, something must be done or default is unavoidable. And it might remain impossible politically to raise income taxes sufficiently."30 The role of financial market expectations in this type of scenario is central. In particular, one of the key triggers would occur if investors begin to doubt whether the strong historical commitment to avoiding substantial inflation in order to reduce the real value the public debt would be weakened.31 If financial markets begin to doubt that commitment, investor confidence would be reduced and an additional premium would be added to the required return on federal government debt.
In evaluating such a potential shift in market sentiment, the expectations of foreign investors may be particularly important given the large current account deficit that the United States is now running. Foreigners own more than one-third of outstanding U.S. government public debt, and account for an even larger share of new purchases (OMB 2003). Such foreign investors may become concerned not only about the size of the federal deficit, but also about the size of the current account deficit. As Truman (2001) emphasizes, a substantial fiscal
deterioration over the longer-term may cause "a loss of confidence in the orientation of U.S. economic policies...In my view, this is the principal international risk with respect to paying down Treasury debt: our failure to do so will undermine the strength of the U.S. economy and confidence in U.S. economic and financial policies."
A loss in confidence among domestic and foreign investors would cause a shift of portfolios away from dollar-denominated assets and put downward pressure on the dollar and upward pressure on domestic interest rates. These same forces could lead investors and businesses to scale back use of the dollar as the leading world currency for international transactions. That, in turn, could limit the ability of the United States to finance U.S. current account deficits through dollar-denominated liabilities and thus increase the nation's net exposure to substantial exchange rate changes.32
The increase in interest rates, depreciation of the dollar, and decline in investor confidence under this type of scenario would almost surely reduce stock prices and household wealth, and raise the costs of financing to business. These effects could then spread from financial markets to the real economy:
29 Unexpected and very high inflation would amount to implicit default, since it would substantially reduce the real value of government debt.
30 Ball and Mankiw (1995), p. 114.
31 We do not explore in detail whether financial markets in this type of environment would place larger weight on the probability of implicit default (through high inflation) or some form of fiscal impasse. The adverse consequences would be similar in many ways under either scenario.
32 The costs of large current account deficits -- which are caused in part by large budget deficits -- may extend beyond narrow economic ones. Friedman (1988) notes that "World power and influence have historically accrued to creditor countries. It is not coincidental that America emerged as a world power simultaneously with our transition from a debtor nation...to a creditor supplying investment capital to the rest of the world."
13
* The increase in interest rates would reduce investment and interest-sensitive consumption;
* The inability of the federal government to control the budget deficit could be interpreted as a broader failure of the nation to address its economic problems, and thus prompt a loss of business and consumer confidence, which would undermine capital spending and real economic activity.
* A potentially sharp downward movement in the exchange rate could cause unexpected shifts in input costs and export opportunities across different sectors, which could cause short-term economic dislocations.
* The disruptions to financial markets could impede the intermediation between lenders and borrowers; uncertainty about the possibility of substantial inflation could cause creditors to eschew the long end of the credit market except at extremely high real interest rates. The effect of the decline in asset prices on bank and other financial intermediaries' balance sheets could exacerbate the disintermediation.
* The drop in asset prices and increase in interest rates could also spark a wave of bankruptcies, which could further restrain real economic activity.
* These various effects can feed on each other to create a dangerous cycle; for example, increased interest rates and diminished economic activity may further worsen the fiscal imbalance, which can then cause a further loss of confidence and potentially spark another round of negative feedback effects.
As CBO (2003b) notes, these various effects of an unsustainable fiscal policy could become extremely costly:
"Taken to the extreme, such a path could result in an economic crisis. Foreign investors could stop investing in U.S. securities, the exchange value of the dollar could plunge, interest rates could climb, consumer prices could shoot up, or the economy could contract sharply. Amid the anticipation of declining profits and rising inflation and interest rates, stock markets could collapse and consumers might suddenly reduce their consumption. Moreover, economic problems in the United States could spill over to the rest of the world and seriously weaken the economies of U.S. trading partners.
A policy of higher inflation could reduce the real value of the government's debt, but inflation is not a feasible long-term strategy for dealing with persistent budget deficits....If the government continued to print money to finance the deficit, the
situation would eventually lead to hyperinflation (as happened in Germany in the 1920s, Hungary in the 1940s, Argentina in the 1980s, and Yugoslavia in the
1990s)...Once a government has lost its credibility in financial markets, regaining it can be difficult."TP
33 T TP 33
PT CBO (2003b), p. 15.
14
It is important to emphasize again that it is impossible to know when such effects may ccur; shifts in investor confidence and perceptions can occur suddenly. It is also difficult to magine all the possible effects that could ensue. As Ball and Mankiw (1995) note, all the ossibilities are "hard to think about because things can go wrong in such a rich variety of ways."34
Despite the difficulties of predicting the precise effects or timing, the risks of financial and fiscal disarray associated with large budget deficits may be a much more important motivation for fiscal discipline than merely avoiding the costs of budget deficits suggested by conventional analysis. Our conclusion is thus similar to the one reached by Ball and Mankiw
(1995):35
"We can only guess what level of debt will trigger a shift in investor confidence, and about the nature and severity of the effects. Despite the vagueness of fears about hard landings, these fears may be the most important reason for seeking to reduce budget deficits...as countries increase their debt, they wander into unfamiliar territory in which hard landings may lurk. If policymakers are prudent,
they will not take the chance of learning what hard landings in G-7 countries are really like."
Uncertainty and Loss of Flexibility
Another effect that is not adequately incorporated into conventional analysis of policies that increase budget deficits is the interaction between uncertainty and the political difficulty of enacting spending cuts or tax increases.
Uncertainty by itself can create a powerful incentive for avoiding long-term tax cuts or spending increases. Just as increased uncertainty increases the incentive for risk-averse families
to save now in order to cushion the blow from possible adverse developments later, increased
uncertainty surrounding the future of the federal budget can increase the incentive for more saving ahead of time--in other words, more fiscal discipline.36
Economists have also begun to apply the insights from "real options" approaches to fiscal policy when policy-makers face both uncertainty and constraints on changing fiscal policies frequently.37 Academic studies, however, have not fully taken into account the important realworld asymmetries between the difficulty of enacting tax increases (or spending cuts) and the ease of enacting tax cuts (or spending increases). As a result of this asymmetry, enacting a large tax cut today is costly because it reduces the flexibility to adjust fiscal policy to future events.
The result is that tax cuts today make it more likely that future policy-makers will either have to
forgo responding to future needs as they arise or bear an increasing and potentially unsustainable
34 Ball and Mankiw (1995), p. 116.
35 Ball and Mankiw (1995), p. 117.
36 Auerbach and Hassett (2001).
37 For an introduction to the "real options" literature, see Dixit and Pindyck (1994). Auerbach and Hassett (2003) study the role of uncertainty and constraints on policy changes on fiscal policy. They note that uncertainty can create an incentive to wait before acting, if some of the uncertainty will be resolved in the meanwhile and if there are constraints on acting. They confirm the intuition from the real options literature: uncertainty and some cost of acting creates a range of inaction in policy responses, but then larger policy changes when policy-makers do take action.
15
cost from higher budget deficits. As a recent example, had it not been for the budget surpluses of
the late 1990s, responding to the September 11th terrorist attacks and the recent economic downturn would have been more difficult. Policy-makers should thus recognize an additional cost, in terms of reduced future flexibility, associated with policies that expand budget deficits.38
V. Concluding Perspectives
Under current conditions and reasonable projections of the future, the nation faces a long period of sustained high budget deficits and a substantial fiscal gap. Failing to address the nation's long-term budget gap seems especially misguided since sustained and substantial budget deficits may induce fiscal and financial disarray, with potential costs far larger than those presented in conventional economic analyses, and since such deficits reduce flexibility to respond to unforeseen events in the future. Yet many policy-makers appear to be insensitive to the longer-run risks to U.S. economic performance from sustained, large budget deficits. Indeed, the "hole" of long-term deficits appears to be deepening.
Some have advanced the problematic notion that engineering a fiscal crisis will help to restrain discretionary spending and force long-term entitlement reform.39 Provoking a fiscal crisis in the hope of restraining spending, however, seems dangerous and imprudent regardless of whether or not it is successful. Even if it were successful, the result would not necessarily represent a sound shift in fiscal policy, since the net effect could be that economically beneficial government programs would be unduly constrained by the lack of available revenue.
Even more troubling, though, is the very real possibility that such an approach will not work. A transparently self-imposed crisis does not generate the same reaction as a crisis that is perceived to be imposed by external forces. To the extent that the result from a partially selfimposed fiscal problem is not action but political impasse, the ultimate result could be the fullblown fiscal and financial disarray discussed in Section IV.
Despite assertions to the contrary, granting large tax cuts to some groups may thus make it less politically feasible to rein in the desires of other constituencies to obtain increases in spending programs.40 The point is that restraints on both spending increases and tax cuts are necessary to create an atmosphere of fiscal discipline.41 For example, the interest groups adversely affected by spending restraints may be less likely to accept such restraints in the face of large tax cuts. The result may be that abandoning fiscal discipline on one side of the budget induces a period of fiscal irresponsibility on both sides of the budget. It is thus not even clear whether tax cuts impose more or less restraint on spending increases, let alone sufficient restraint on spending to offset the cost of the tax cut itself.42
38 Summers (2000) notes that "Higher saving has the central virtue of providing us with options, not merely if our current economic strength continues as we hope, but also if it does not."
39 David Stockman coined the term "starve the beast" for this effect. For recent discussions, see Bartlett (2003);
Krugman (2003); and Hume (2003). 40 See Kogan (2002) for a similar argument.
41 Similarly, we remain skeptical that transparently creating a fiscal crisis will facilitate long-term entitlement reform. It seems too easy for some of the parties that would be adversely affected by reform to argue that reversing the recent tax cuts would obviate the need for many, if not all, of the painful reform measures. Without significant revenue changes, it thus seems difficult to see how 60 members of the Senate would agree to long-term reform to eliminate the projected deficits in Social Security or Medicare.
42 In other words, by eliminating any semblance of fiscal discipline, the net effect of the large tax cuts over the past three years may have been to encourage rather than restrain additional spending. Indeed, the evidence to date does not appear to be supportive of the view that the 2001 and 2003 tax cuts have significantly restrained spending.
16
In our view, balancing the budget for the longer term will require a combination of expenditure restraint and revenue increases.43 Some have argued that the entire adjustment can come through expenditure restraint. Although such restraint is critical, it is unrealistic at this point to expect the lion's share of the adjustment to come on the spending side.44 On the revenue side, a key issue is the treatment of legislation that contains expiring tax provisions. Although expiring provisions used to be a relatively minor part of the tax code, they have exploded in magnitude in recent years, beginning with the 2001 tax reductions, then exacerbated by the 2002 and 2003 tax cuts. All of the newly enacted tax reductions expire by the beginning of 2011, with some provisions sunsetting much earlier. In 2013 alone, extending the expiring provisions would reduce revenues by 2.5 percent of GDP (CBO, 2003a). About 90 percent of the resulting
revenue loss would be related to extending the expiring provisions that have been newly enacted
in the 2001, 2002, and 2003 tax legislation.
Perhaps the single most important act Congress and the Administration could take at this point to rein in the budget over the next decade would be to re-establish the budget rules that existed in the 1990s. These put caps on discretionary spending and required that reductions in taxes or increases in mandatory spending be paid for with other tax increases or spending cuts.45
In the end, though, budget rules are effective only if there is broad political support for reducing budget deficits and some consensus regarding how it should be done. It is our hope that such broad support will develop before it is too late.
43 Diamond and Orszag (2004) similarly argue that Social Security reform will require a combination of benefit reductions and revenue increases, and propose a progressive reform that restores solvency to Social Security through such a combination.
44 Gale and Orszag (2003c) examine the magnitude of spending reductions that would be required in 2008 if budget balance were achieved solely through reductions in spending in that year. Balancing the adjusted unified budget by cutting only non-defense discretionary spending--such as homeland security, education, law enforcement, environmental protection, and scientific research--would require reductions of more than 90 percent, underscoring
the implausibility of reaching balance solely this way.
45 The Administration has advocated the re establishment of the rules, but only in a selective manner; the rule adopted in the Congressional budget plan this year is similarly selective. This is not helpful, since the rules must apply on a broad basis or they will not be seen as being either fair or effective. It is also worth considering modifications to the budget rules to prevent abusive uses of sunsets in the future.
17
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Summers, Lawrence. 2000. "Preparing for the Future by Increasing National Savings." National Tax Association, Washington, DC, June 8.
Truman, Edwin M. 2001. "The International Implications of Paying Down The Debt." Institute
for International Economics. Policy Brief Number 01-7.
The Wall Street Journal Online. 2003. "Federal Reserve Economists Tie Deficits to Interest
Rates." April 25.
20
Table A.1
Present Value Cost of Various Tax and Outlay Measures Over 75 Years
Present Value Over the
Next 75 Years,
Percent of GDP
Present Value Over the Next
75 Years*,
$ Trillions
2001 tax cut if made permanent 1.5 to 1.9 7.9 to 10.0
Dividend / capital gains tax cuts 0.3 1.6
Tax-free savings accounts 0.3 1.6
Other proposed tax cuts 0.2 1.1
Total, Administration tax cuts 2.3 to 2.7 12.1 to 14.2
Social Security actuarial deficit* 0.7 3.8
Medicare Hospital Insurance
actuarial deficit*
1.1 6.2
Combined Social Security and
Medicare HI deficit*
1.8 10.0
*Assumes level of GDP and interest rates projected by the Social Security actuaries. For further details, see Orszag, Kogan, and Greenstein (2003).

Posted by maximpost at 7:24 PM EST
Updated: Wednesday, 28 January 2004 8:29 PM EST
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