Congressional Record United States of America PROCEEDINGS and DEBATES of the 107Th CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, JUNE 13, 2001 No. 82 Senate The Senate met at 9 a.m. and was The legislative clerk read as follows: tional requirements with regard to the inte- called to order by the President pro A bill (S. 1) to extend programs and activi- gration of education technology resources. Hollings amendment No. 798 (to amend- tempore [Mr. BYRD]. ties under the Elementary and Secondary Education Act of 1965. ment No. 358), to permit States to waive cer- PRAYER tain testing requirements. Pending: Gregg (for Santorum) amendment No. 799 The Chaplain, Dr. Lloyd John Jeffords amendment No. 358, in the nature (to amendment No. 358), to express the sense Ogilvie, offered the following prayer: of a substitute. of the Senate regarding science education. Lord God of hope, this is a day for op- Kennedy (for Dodd) amendment No. 382 (to amendment No. 358), to remove the 21st cen- The PRESIDENT pro tempore. Under timism and courage. Set us free of any the previous order, there will now be 40 negative thinking or attitude. There is tury community learning center program from the list of programs covered by per- minutes for closing debate on the enough time today to accomplish what formance agreements. Santorum amendment No. 799 and the You have planned. We affirm that You Biden amendment No. 386 (to amendment Hollings amendment numbered 798. are here and that we are here by Your No. 358), to establish school-based partner- Mr. KENNEDY. Mr. President, as we divine appointment. We also know ships between local law enforcement agen- resume consideration of the education cies and local school systems, by providing from experience that it is possible to authorization bill, we have 40 minutes limit Your best for our Nation. With- school resource officers who operate in and around elementary and secondary schools. of debate on the Santorum and Hol- out Your help we can hit wide of the Leahy (for Hatch) amendment No. 424 (to lings amendments concurrently, with mark, but with Your guidance and amendment No. 358), to provide for the estab- two rollcall votes at approximately 9:40 power we cannot fail. You have lishment of additional Boys and Girls Clubs this morning, and votes throughout the brought our Nation to this place of of America. day, as well into the evening, as the Helms amendment No. 574 (to amendment prosperity and blessing. You are able Senate works to complete action on to bless us if we will trust You and No. 358), to prohibit the use of Federal funds by any State or local educational agency or the education bill this week. If the bill work together as fellow patriots. Fill school that discriminates against the Boy is completed on Thursday, there will be this Chamber with Your Presence, in- Scouts of America in providing equal access no rollcall votes on Friday. vade the mind and heart of each Sen- to school premises or facilities. The PRESIDENT pro tempore. The ator, and give this Senate a day of effi- Helms amendment No. 648 (to amendment Senator from Pennsylvania, Mr. No. 574), in the nature of a substitute. ciency and excellence for Your glory. SANTORUM. We thank You in advance for a truly Dorgan amendment No. 640 (to amendment No. 358), expressing the sense of the Senate AMENDMENTS NOS. 798 AND 799 great day. You are our Lord and Sav- that there should be established a joint com- Mr. SANTORUM. Mr. President, I iour. Amen. mittee of the Senate and House of Represent- rise to talk about my amendment f atives to investigate the rapidly increasing which will be voted on in roughly 40 PLEDGE OF ALLEGIANCE energy prices across the country and to de- minutes. This is an amendment that is termine what is causing the increases. a sense of the Senate. It is a sense of The Honorable ROBERT C. BYRD led Hutchinson modified amendment No. 555 the Pledge of Allegiance, as follows: (to amendment No. 358), to express the sense the Senate that deals with the subject of intellectual freedom with respect to I pledge allegiance to the Flag of the of the Senate regarding the Department of United States of America, and to the Repub- Education program to promote access of the teaching of science in the class- lic for which it stands, one nation under God, Armed Forces recruiters to student directory room, in primary and secondary edu- indivisible, with liberty and justice for all. information. cation. It is a sense of the Senate that Feinstein modified amendment No. 369 (to f does not try to dictate curriculum to amendment No. 358), to specify the purposes anybody; quite the contrary, it says RESERVATION OF LEADER TIME for which funds provided under subpart 1 of part A of title I may be used. there should be freedom to discuss and The PRESIDENT pro tempore. Under Reed amendment No. 431 (to amendment air good scientific debate within the the previous order, the leadership time No. 358), to provide for greater parental in- classroom. In fact, students will do bet- is reserved. volvement. ter and will learn more if there is this Clinton modified amendment No. 516 (to f intellectual freedom to discuss. amendment No. 358), to provide for the con- I will read this sense of the Senate. It BETTER EDUCATION FOR duct of a study concerning the health and is simply two sentences—frankly, two STUDENTS AND TEACHERS ACT learning impacts of sick and dilapidated pub- rather innocuous sentences—that hope- The PRESIDENT pro tempore. Under lic school buildings on children and to establish the Healthy and High Performance fully this Senate will embrace: the previous order, the Senate will now Schools Program. ‘‘It is the sense of the Senate that— resume consideration of S. 1, which the Cantwell modified amendment No. 630 (to ‘‘(1) good science education should prepare clerk will report. amendment No. 358), to provide for addi- students to distinguish the data or testable

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

S6147

. S6148 CONGRESSIONAL RECORD — SENATE June 13, 2001 theories of science from philosophical or re- age in science classrooms across this lina will be able to be here. He spoke ligious claims that are made in the name of country. I frankly don’t see any down last night on his amendment, and he science; and side to this discussion—that we are can do it with more eloquence and ‘‘(2) where biological evolution is taught, standing here as the Senate in favor of more persuasively than can I. But I the curriculum should help students to understand why this subject generates so much intellectual freedom and open and fair told him, since I support his amend- continuing controversy, and should prepare discussion of using science—not philos- ment, I would be pleased to try to be a the students to be informed participants in ophy and religion within the context, fill-in for him. public discussions regarding the subject. within the context of science but I see my colleague is now here. I say It simply says there are disagree- science—as the basis for this deter- to the Senator from South Carolina ments in scientific theories out there mination. that I will be delighted to follow him, that are continually tested. Our knowl- I will reserve the remainder of my if he is ready to speak. edge of science is not absolute, obvi- time. I have a couple of other speakers Mr. President, I yield to the Senator ously. We continue to test theories. I anticipate will come down and talk from South Carolina. I will follow my Over the centuries, there were theories about this amendment, and I want to colleague. that were once assumed to be true and leave adequate time. I yield the floor. The PRESIDENT pro tempore. Does have been proven, through further rev- The PRESIDING OFFICER. Who the Senator from South Carolina seek elation of scientific investigation and yields time? recognition? The PRESIDENT pro tempore. Who testing, to be not true. The Senator from South Carolina. One of the things I thought was im- yields time? Mr. WELLSTONE addressed the Mr. HOLLINGS. I thank the distin- portant in putting this forward was to Chair. guished Chair. make sure the Senate of this country, The PRESIDENT pro tempore. The Mr. President, this Senate, and I say obviously one of the greatest, if not the Senator from Minnesota. it advisedly and respectfully, in a greatest, deliberative bodies on the Mr. WELLSTONE. I thank the Chair. sense, we are the best off-Broadway face of the Earth, was on record saying The PRESIDENT pro tempore. Who show. We engage in these charades, set we are for this kind of intellectual yields time? up these straw men and then knock freedom; we are for this kind of discus- Mr. KENNEDY. Mr. President, do I them down, taking the credit for being sion going on; it will enhance the qual- understand correctly the Senator from so effective politically. ity of science education for our stu- Minnesota has the time from Senator We say we have a surplus; we don’t dents. HOLLINGS? have a surplus. The CBO projected in I will read three points made by one Mr. WELLSTONE. That is correct. March a $23 billion surplus for this fis- of the advocates of this thought, a man Mr. KENNEDY. So Senator HOLLINGS cal year. Mark it down, it will be be- named David DeWolf, as to the advan- has the 10 minutes. In his absence, the tween a $50 billion and $70 billion def- tages of teaching this controversy that control of the time should be with the icit. We haven’t even passed an appro- exists. He says: Senator from Minnesota. priations bill. We have not passed any Several benefits will accrue from a more The PRESIDENT pro tempore. With- kind of supplemental and already we open discussion of biological origins in the out objection, it is so ordered. The Sen- science classroom. First, this approach will can foresee, less than a week after the ator from Minnesota is recognized. signing of the so-called tax cut—where do a better job of teaching the issue itself, Mr. WELLSTONE. Mr. President, I we had no taxes to cut—a deficit of $50 both because it presents more accurate infor- ask the Chair whether or not we have billion to $70 billion. mation about the state of scientific thinking 10 minutes altogether on our side or 10 and evidence, and because it presents the minutes for each of us. What is the un- Now here is what we set up. We say: subject in a more lively and less dogmatic Wait a minute. In education there is no way. Second, this approach gives students derstanding from last night? The PRESIDENT pro tempore. The accountability; there is no testing. The greater appreciation for how science is actu- people back home do not know what ally practiced. Science necessarily involves Senator from Massachusetts controls the interpretation of data; yet scientists 10 minutes, and the Senator from they need. If we can get some account- often disagree about how to interpret their South Carolina controls 10 minutes, ability and testing, we will learn what data. By presenting this scientific con- which has now been—— they need. troversy realistically, students will learn Mr. KENNEDY. I will be glad to yield Such fanciful nonsense. We have test- how to evaluate competing interpretations 5 minutes of my time if the Senator ing coming out of our ears. You men- in light of evidence—a skill they will need as wants it. tion the State, and I will give you the citizens, whether they choose careers in millions they are spending. science or other fields. Third, this approach The PRESIDING OFFICER. The Sen- will model for students how to address dif- ator from Minnesota has been tendered Mr. President, I ask unanimous conferences of opinion through reasoned discus- 10 minutes from the time allotted to sent to have this schedule printed in sion within the context of a pluralistic soci- Mr. HOLLINGS. the RECORD. ety. AMENDMENT NO. 798 There being no objection, the mate- I think there are many benefits to Mr. WELLSTONE. Mr. President, my rial was ordered to be printed in the this discussion that we hope to encour- hope is the Senator from South Caro- RECORD, as follows:

Amount spent State on testing Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 Number of New tests Revenue shar- (in thous) 3–8 tests required ing proceeds

Alabama ...... $4,000 BBBBBB 120$24,915,437 Alaska ...... 3,500 B B ...... B B B 10 2 8,629,291 Arizona ...... 4,800 BBBBBB 12028,129,355 Arkansas ...... 3,200 ...... BBBBB 10216,983,311 California ...... 44,000 BBBBBB 120161,769,009 Colorado ...... 10,700 RRBBBB 10223,798,968 Connecticut ...... 2,000 ...... B ...... B ...... B 6 6 19,875,848 Delaware ...... 3,800 B ...... B ...... B 6 6 8,016,860 Florida ...... 22,400 BBBBBB 12068,848,688 Georgia ...... 14,000 BBBB...... B 10 2 43,139,333 Hawaii ...... 1,400 B ...... B ...... B 6 6 9,961,299 Idaho ...... 700BBBBBB12011,393,934 Illinois ...... 16,500 B ...... B ...... B 6 6 57,731,557 Indiana ...... 19,000 B ...... B ...... B 6 6 31,207,328 Iowa ...... 0 ...... B ...... B 4 8 17,424,763 Kansas ...... 1,100 ...... M R ...... M R 4 8 17,179,348 Kentucky ...... 8,100 B R M B R M 8 4 21,605,599 Louisiana ...... 9,000 BBBBBB 12024,579,091 Maine ...... 3,300 ...... B ...... B 4 8 10,704,063 Maryland ...... 17,100 BBBBBB 12027,457,342 Massachusetts ...... 20,000 R B ...... M B R 7 5 31,006,359 Michigan ...... 16,000 ...... B R ...... R R 5 7 48,296,329 Minnesota ...... 5,200 B ...... B ...... B 6 6 27,066,118 Mississippi ...... 7,600 BBBBBB 12018,198,252 Missouri ...... 13,400 R M ...... R M 4 8 28,736,967 Montana ...... 282 B ...... B 4 8 9,161,562 June 13, 2001 CONGRESSIONAL RECORD — SENATE S6149

Amount spent State on testing Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 Number of New tests Revenue shar- (in thous) 3–8 tests required ing proceeds

Nebraska ...... 1,650 ...... R ...... R 2 10 12,374,005 Nevada ...... 3,300 B B B ...... B 8 4 13,876,879 New Hampshire ...... 2,500 B ...... B ...... 4 8 10,802,081 New Jersey ...... 17,000 ...... B ...... B 4 8 37,746,447 New Mexico ...... 650 BBBBBB 12013,633,052 New York ...... 13,000 ...... B ...... B 4 8 77,283,719 North Carolina ...... 11,300BBBBBB12039,659,706 North Dakota ...... 208 ...... B ...... B ...... B 6 6 7,883,693 Ohio ...... 12,300 ...... B ...... B ...... 4 8 53,078,486 Oklahoma ...... 2,500 B ...... B ...... B 6 6 20,932,225 Oregon ...... 7,000 B ...... B ...... B 6 6 19,516,428 Pennsylvania ...... 15,000 ...... B R ...... B 5 7 52,955,297 Rhode Island ...... 2,300 R B ...... R B 6 6 9,150,790 South Carolina ...... 7,800BBBBBB12022,849,169 South Dakota ...... 720 ...... B R ...... B 5 7 8,412,279 Tennessee ...... 15,600 BBBBBB 12028,600,739 Texas ...... 26,600 BBBBBB 120108,915,567 Uutah ...... 1,400 BBBBBB 12017,026,566 Vermont ...... 460 ...... B ...... B 4 8 7,730,061 Virginia ...... 17,900 BBBB...... B 10 2 34,846,313 Washington ...... 7,700 B B ...... B B ...... 8 4 31,448,887 West Virginia ...... 400 BBBBBB 12012,494,530 Wisconsin ...... 2,000 R B ...... B 5 7 27,306,317 Wyoming ...... 1,700 ...... B ...... B 4 8 7,415,370 Total ...... 422,070 ...... 387 213 ......

Mr. HOLLINGS. Mr. President, we ies to curricula to teachers to reducing pulpit and went out into the commu- are spending $422 million this present class sizes to school construction to nity: He went out and walked his talk. year in testing back home. We have after-school programs—then don’t vote I don’t think we are walking our talk. been testing since you were a little boy for this amendment. Every Senator If we were walking our talk, we would and I was a little boy. The folks back over the 7 weeks has put out the needs. not only be demanding our tests, but home know what is really needed. But But what we need to do is take that we would be demanding that every here we come and say they don’t know money, like revenue sharing, send it child have an opportunity to do well on what they need and they never have back to the local folks, and say: If you the tests. We have not done that, and I had any accountability. We want to want to have testing, test. If you want think Senator HOLLINGS raises what I discover for them what schools are to have further testing, do that. If you think is the most important question. flunking and close those schools down, really think you need to increase the I believe I am one of the few Senators and in the meantime hurt the students teachers’ pay, if you need to hire more who is troubled by this and agonizing who have never even had the course, so teachers, those kinds of things, then do over the question of whether or not the to speak. it. But that is really assisting; not Federal Government should be telling If you did not benefit, as a poor child, spending extra money. the school board, the school district, from the Women Infants and Children This is not an increase, this is giving which epitomizes the grassroots polit- Program, you don’t have a strong mind flexibility to the money under the bill ical culture of America: ‘You do not coming into this world. If your school to address the needs back home. It is get to decide what is best.’ We are tell- did not receive Title I funding, if you playing as if, fast forward 3 or 4 years, ing them, every school district in didn’t have access to a Head Start pro- we have had the testing, we know what America: You are going to test every gram, if you didn’t get a good teacher, is needed, and we know what schools child, grades 3, 4, 5, 6, 7, and 8 every if your class was so big that you were are flunking. I could flunk 30 or 40 in year, with consequences for your unable to listen and learn, you are un- South Carolina this afternoon with school and your school district depend- prepared. All these programs figure this so-called quality test, and stu- ing on how these children do in these into giving students the course and dents do not have another school to go tests. they are less than 50-percent funded. to and you cannot close their school What this amendment says is we should maybe have a little more faith Now we are going to test students be- down. So we spend billions, and we are in the same place as we are this in people at the school board level. cause we know from the debate they We should have maybe a little more have not had the course. We haven’t minute. If you believe in that bureaucracy, if faith in people back in our States to really gotten to the crux of the matter. you believe in unfunded mandates, if decide what they think is best, and Congress has decided what is needed. you believe in one size fits all, if you they should have the option on wheth- So we have had testing. er they want to do the testing or use Right to the point, if you really be- believe in harming the children just to get political credit on the floor of the the resources to help children. That is lieve in harming students, as my dis- Senate, then vote against this amend- what this amendment says. tinguished colleague from Minnesota ment. I am all for national community points out so vividly and forcefully, But if you want to help the children standards for civil rights and human and you are merely trying to give back home and help the local school rights and for the first amendment and yourself political credit, then vote boards, if you want to help America ad- in making sure there is a floor for a against the amendment. That crowd vance education, then take this same educational commitment below which that has been trying to abolish the De- program money and send it back on a no poor child falls. I think that is what partment of Education now comes in revenue-sharing basis so that schools we are about as a nation. But I think saying they are going to get responsi- can address their needs, whether those when it comes to this kind of decision, bility in education, accountability, and needs be testing or otherwise. is it right for the Federal Government set up a straw man and knock it over I yield the floor. literally to tell every school district with a 7-year bureaucracy of $2.7 bil- Mr. WELLSTONE. Mr. President, what to do to test every child? I think lion to $7 billion. That is what it costs. how much time do I have left? we might rue the day we have voted for Mr. President, yesterday I had print- The PRESIDENT pro tempore. The this. I struggle over the question right ed in the RECORD this particular survey Senator has 21⁄2 minutes. now. That is why I think this is such by the National Association of State Mr. WELLSTONE. Mr. President, I an important amendment. I fully sup- Boards Of Education. rise to support the Hollings amend- port it. If you believe in bureaucracy at the ment. Hearing the Senator from South I yield the floor. cost of some $7 billion, if you believe Carolina makes me think that, our The PRESIDENT pro tempore. Who that Washington knows best, that the motto should be, perhaps: We should yields time? people back home don’t know what invest before we test. The Senator from Massachusetts. they need—while we have heard on the I think of what the American people Mr. KENNEDY. Mr. President, I yield floor about needs ranging from librar- said about Dr. King when he left the such time as I might use. S6150 CONGRESSIONAL RECORD — SENATE June 13, 2001 The PRESIDENT pro tempore. The and struggle, we are going to have to, items that are included in this bill. But Senator is recognized. on the floor in the Senate and in appro- by and large they are not in existence Mr. KENNEDY. Mr. President, first priations, try to invest for the children in other areas. of all, on the Santorum amendment, I so they are ready to learn. If that is the case, and we believe as- hope all of our colleagues will vote in A number of States responded to the sessments are a key aspect of all of the support of it. It talks about using good requirements of the title I program in efforts we are trying to develop in this science to consider the teaching of bio- 1994. We require testing in the elemen- legislation—I know there are those logical evolution. I think the way the tary schools, middle schools, and in the who don’t agree with that as a con- Senator described it, as well as the lan- high schools. Fifteen States are meet- cept—we know that children are tested guage itself, is completely consistent ing that requirement at the present frequently. with what represents the central val- time. But most of the tests which exist I can give you some cases in Lan- ues of this body. We want children to in the States are more attuned to na- caster, PA, where they test actually be able to speak and examine various tional standards rather than State every 9 weeks in terms of what the scientific theories on the basis of all of standards. Forty-nine States have es- children are learning during that pe- the information that is available to tablished their own standards. riod of time; and they alter and change them so they can talk about different The purpose of this legislation is to the curriculum to try to give focus and concepts and do it intelligently with try to develop a curriculum that will attention to groups of students in the best information that is before reflect those standards and have well- those classes who are not making them. trained teachers who will use that cur- measurable progress. They have seen I think the Senator has expressed his riculum and then examination of the the absolutely extraordinary progress views in support of the amendment and students with well thought out tests the schools have made in Lancaster as the reasons for it. I think they make that are really going to test not only a result of it. eminently good sense. I intend to sup- what the child learns but the ability of If it is done right, done well, done ef- port that proposal. the child to use concepts. That is why fectively, it is a very important, posi- On the Hollings-Wellstone amend- the average test that is being used at tive instrument in terms of children’s ment, I listened, as I always try to do, the State level is $6 or $7. The test we development. If it is not, then it can to my friend and colleague from South are trying to develop here, the provi- have the kind of unfortunate results Carolina. There is so much he says that sions which are strengthened with the that have been mentioned in this makes very good sense, but I have to Wellstone amendment and the other re- Chamber. It is our intention to try to oppose the amendment. quirements, averages $68 a test versus do it right. We have built in enough When he talks about the preparation $6. legislation to do it. I think this is the Money doesn’t answer everything in of children, he makes a great deal of way to go. terms of being sure you are going to sense. In fact, if the children are denied I think we have a good bill. We have get a quality test, but part of the re- the Women’s, Infants’, and Children’s had good authorization. We are going quirements we have for the use of the Program—the WIC Program—if they to have the difficulty and challenge of test is to be able to disaggregate it. At are denied the early nutrition, which is getting the funding. That is an essen- the current time, there are only three so important for the development of tial aspect of the continuing process as States that use disaggregated informa- the mind, if they are denied the early we move through the legislative proc- learning experiences, which are abso- tion. So you know in the class that there are various groups of students ess. We want to make sure that we are lutely instrumental in developing and who aren’t making it rather than just going to do it right. shaping the mind, they lose opportuni- the test that uses the whole classroom. But I do not believe the Hollings- ties. It is also important to disaggregate Wellstone amendment is consistent If we are only funding the Head Start information so that you know more with the whole central thrust of this Program at 40 percent, we are leaving completely where the challenges are in legislation. I, regretfully, oppose the 60 percent out. The Early Head Start terms of the students themselves in amendment. Program is only funded at about 10 or order to make progress and tie the cur- Mr. President, how much time re- 12 percent. riculum into these types of features, mains? If we take children who are denied all and also to make sure we are going to The PRESIDING OFFICER (Mr. ED- of those kinds of opportunities, unless have the development of the test devel- WARDS). The Senator’s time has ex- they are enormously fortunate to have oped by the States, in the States, for pired. other kinds of sustained enforcement the States’ standards. Mr. HOLLINGS. I ask for the yeas of educational experience and stimu- That is our purpose—not that they and nays, Mr. President. lating experience in terms of their take off-the-shelf tests. Most of the Mr. KENNEDY. Mr. President, I ask home life, or other circumstances, we States using the tests now are using unanimous consent it be in order to can ask whether children are arriving the off-shelf-tests that are focused on now ask for the yeas and nays. And in school ready to learn. Some may be national standards rather than State then I will ask for the yeas and nays. but many others may not. standards. That happens to be the re- The PRESIDING OFFICER. Without One of the most important develop- ality. objection, it is so ordered. ments over the period of the last 10 I don’t question that in a number of Mr. KENNEDY. Mr. President, I ask years has been the knowledge of what States there are superintendents and for the yeas and nays. happens in the development of the school boards who think they are get- The PRESIDING OFFICER. Is there a brain. We had ‘‘The Year of The ting adequate information. But this is sufficient second? Brain.’’ It was on the front pages of a much more comprehensive way of There appears to be a sufficient sec- magazines and newspapers and on tele- finding out what the children know and ond. vision programs. We found that the then hopefully developing the kinds of The yeas and nays were ordered. early development aspects of the brain methodologies to equip the children to Mr. KENNEDY. How much time re- are absolutely essential where the neu- move ahead. That is really our purpose. mains on the amendments? rons connect with the synapses and we We may not get it right, but that is The PRESIDING OFFICER. The mi- have the development of the mind. certainly the purpose we intend. nority controls the remaining time, One of the key aspects, that at least Finally, if the States are developing 151⁄2 minutes. many of us have believed, is that not their own tests, and if they meet the Mr. SANTORUM. Mr. President, I only is it important to leave no child standards which are included in this ask unanimous consent that it be in behind in terms of the support of this legislation and they conform with order for me to ask for the yeas and bill to reach all 10 million children who them, then they obviously meet those nays on my amendment. will be eligible but also the investment requirements. Then there is nothing The PRESIDING OFFICER. Without in children at the early age, to which further they have to do. objection, it is so ordered. Senator HOLLINGS spoke. But if we are Three States, as I said, disaggregate Mr. SANTORUM. Mr. President, I going to continue to make that battle information and have a number of the ask for the yeas and nays. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6151 The PRESIDING OFFICER. Is there a We need to do better, and there are I think, again, we have to work to sufficient second? some schools that do better than oth- give the States and the locals unprece- There appears to be a sufficient sec- ers, but that ought to be part of our dented flexibility. The Federal Govern- ond. goal, to establish what is really needed ment has provided only about 6 or 7 The yeas and nays were ordered. to bring about change. Then we ought percent of the funding for elementary Mr. KENNEDY. If there is no one who to measure it. I think too often when and secondary education. We ought to wants to address the Senate, I suggest we get into these issues, much of our do better than that. But keep in mind, the absence of a quorum—I am sorry. conversation begins to border on polit- the basic thrust is in the local commu- Mr. THOMAS addressed the Chair. ical rhetoric: Boy, if you are for edu- nity with the local dollars, the local The PRESIDING OFFICER. The Sen- cation, then that’s a great thing. But decisions, the local leaders. That is ator from Wyoming. you have to kind of decide what it is Mr. THOMAS. Mr. President, I want where it belongs. that you are for. Everybody is for edu- We talk about schools failing. We to use some of the time that is avail- cation. ought to put a little responsibility on able for our side to talk a little about We have to talk a little bit about the bill. I have not said much in rela- those who are responsible for those spending. This bill authorizes spending schools that are failing. Help them, tion to this bill, but it certainly is one far beyond anything that we have ever of the most important issues that we yes, of course. But the idea that we are thought about. Obviously, most of us suddenly going to take over this whole will talk about. would agree dollars alone don’t bring We have a great opportunity to help educational system and change it, I about quality education. You can’t make education stronger in our coun- don’t think that is consistent with our have it without the dollars, but dollars try. That is, of course, what we ought notions of Government. alone don’t do that. So I think there to be seeking to do. This discussion has So I just think we have a great op- has to be some limit. gone on for a very long time. I hope we portunity. I think there are some very With that, inevitably, goes a certain good things in this bill. I hope that we are nearing the end of the debate. I amount of direction and control from think we have spent nearly 4 weeks, off conclude it soon so we can get it mov- Washington. How much of that do you ing and so we can get on to some other and on, on this proposition. It is time want? I think there are some things to bring it to a close. issues as well. But I hope we evaluate, that we ought to think and talk about. as we go: What do we think the role of In my view, we have had an excessive As I understand it, the real purpose, the Federal Government is? How amount of amendments; nevertheless, as we started out with this S. 1, was to should money be used that is sent to that is where we are. But now if we are increase accountability for student the local and State governments? How really going to do our part, and if we performance. We do that some by test- do we have accountability? And how, are really going to be able to cause this ing. There has to be some account- indeed, do we make sure this effort of to be something that is effective, then ability. We have to put out there fund- ours is one that produces the best divi- we need to focus a little bit, as we ing, funding that really works and is dends and moves us towards our vision evaluate where we are, on what our not wasted, is not used up in bureauc- of what education in this country goals are, what it is we are really seek- racies. We have to have increased flexi- ought to be. ing to do. bility and local control if we really Mr. President, I yield the floor. I guess too often I get the notion that want to be able to deal with the prob- The PRESIDING OFFICER. The Sen- we get wrapped up around here in all lems that exist in our school systems. ator from Pennsylvania. the details, little items that mean We need to empower parents to have Mr. SANTORUM. Mr. President, something to someone, and we lose a role in schools. We need there to be first, I thank the Senator from Massa- track of where it is we really want to opportunities for students such as in chusetts for his support of my amend- go. charter schools. We need some changes ment. I hope the Senate will over- What we ought to do is have a vi- in that respect. We need to provide op- whelmingly vote for and support the sion—hopefully, a fairly common vi- tions for students who are consistently amendment that I have offered. sion—of what our goals are in terms of failing or who are in danger at schools. The Senator from Wyoming was just education, in terms of the role of the We need to do something about that. talking about the role of the Federal Federal Government in education, and But the responsibility really lies at Government in education. I was just to be able to measure what we are the local level. That is why we elect doing each day in terms of how we school boards. That is why we have leg- thinking about the many visits I have meet those goals. islatures. We need to help, but there made to school districts around my I think one of them that is quite im- needs to be local flexibility. I think it State. I have been to about 160 or 170 portant is, what is the role of the Fed- is pretty clear from the debate that the school districts in my State. We have eral Government in education? It has bureaucracy and redtape have been real about 500 school districts. I talked been my view, and continues to be my problems. about education in many of those vis- view, that the major responsibility for My wife happens to be a special ed its. elementary and secondary education teacher. I can tell you, she spends more Maybe other Senators have experi- lies at the local level, lies with the time with reports than is really nec- enced the same thing, but when I talk community, lies with the school essary. When she ought to be working about education in schools, when I talk boards, and lies with the States. with the kids, she is having to fill out about educational reform, superintend- One of the reasons I think that is so all these reports that come in and are ents and teachers tend to get a little important is there are very different required. There ought to be a limit to stiff in front of me, tend to get a little needs in very different places because that. tense, because they are living it. And what you need in Chugwater, WY, is We ought to try to reduce the dupli- here we are, on the outside, trying to quite different than what you need in cative educational programs that are tell them how to do it better. One of Pittsburgh, PA. They ought to be able out there. Now over 50 percent of the the reasons I go to those schools is to to make those kinds of unique deci- Federal education dollars are spent on listen to the schoolteachers and to sions locally. bureaucracy and overhead. That is un- principals and superintendents, par- What is really needed to bring about acceptable. The money needs to be ents, and students. change? We are all in favor of change, there to help the kids. One of the things I hear more and although I am not as pessimistic about Burdensome regulations, unfunded more from people and parents and schools as many people are. I think mandates—talk to anybody who is an teachers in particular is, yes, we need most of our schools do a pretty good administrator at a school and see what to improve education, but we also need job. One of the reasons I think that— they think about unfunded mandates to look at what is coming into the edu- and I realize this is not a broad sam- and the burdens of regulation. We do cational system, the children coming pling—is because of the young people not talk about that very much. We into our system, particularly in our who come to the Senate. They are evi- have had 150 amendments that bring lowest performing schools, where chil- dence, it seems to me, that our schools about more regulations. We ought to dren are coming in with many more are doing a pretty darn good job. make sure we avoid that. profound problems than they did 20, 30, S6152 CONGRESSIONAL RECORD — SENATE June 13, 2001 40, even 50 years ago, when we thought go to and your education? And the con- envisioned. Political cartoons and edi- we had a pretty good educational sys- sensus developed was this: Getting to torials were drafted by the hundreds. tem in the country. school alive every day. When you are To hear the furor, one might think To sit here and say all the problems an achiever in a group of people who do that the teachers would be charged in our society, all the problems with not achieve academically, you are a with sorting through their student’s our children are because they don’t target. You can throw more money at texts with an Exacto knife carving out have a good education or there is not a that school, you can improve the qual- pictures of Darwin. good school, whatever the case may be, ity of the teachers, you can have small- However, the prevailing impression, sort of laying all the blame on the er class size, but if your concern is get- as is often the case was not quite accu- schools for not producing educated ting to school alive, we are missing the rate. Here are the facts about what children, in some respects, I believe, boat somewhere. happened in Kansas. The school board misses the mark or certainly doesn’t I want to step back, as we hopefully did not ban the teaching of evolution. tell the whole story of the problems will celebrate passage of this bill and They did not forbid the mention of that we are confronting as a culture say that we have done great things to Darwin in the classroom. They didn’t and as a nation. help children. If we don’t get to the even remove all mention of evolution We have a couple minutes before the issues outside of the school, throwing from the State assessment test. Rath- vote, and I wanted to put my two cents more money into the school is whis- er, the school board voted against in- in. For those teachers and administra- tling through the graveyard at night. cluding questions on macro-evolution— tors, people who work very hard in the It isn’t going to solve the problem. the theory that new species can evolve school system, particularly the poor I yield the floor. from existing species over time—from schools and schools that are in difficult Mr. BYRD. Mr. President, I have the State assessment. The assessment neighborhoods, you are right; the been interested in the debate sur- did include questions on micro-evo- schools are not the sole source of rounding the teaching of evolution in lution—the observed change over time blame for having children who can’t our schools. I think that Senator within an existing species. read coming out of them. I even argue SANTORUM’s amendment will lead to a Why did they do this? Why go so far in many cases they aren’t the principal more thoughtful treatment of this as to decipher between micro and sources of blame or even a particularly topic in the classroom. It is important macro-evolution on the State exam? big share of the blame. that students be exposed not only to How would that serve the theocratic When we talk about educational re- the theory of evolution, but also to the school board’s purpose that we read so form, particularly leaving no child be- context in which it is viewed by many much about? Well, the truth is . . . hind—and I support that—we need to in our society. their was no theocratic end to the ac- look not just within the school system; I think, too often, we limit the best tions of the school board. In fact, their we have to look outside the school sys- of our educators by directing them to vote was cast based on the most basic tem. We have to look at our culture. avoid controversy and to try to remain scientific principal that science is We have to look at the American fam- politically correct. If students cannot about what we observe, not what we as- ily, our neighborhoods, at our popular learn to debate different viewpoints sume. The great and bold statement that the Kansas School Board made culture, and the message being sent to and to explore a range of theories in was that simply that we observe micro- the young children. We have to look at the classroom, what hope have we for evolution and therefore it is scientific neighborhoods. And whether it is crime civil discourse beyond the schoolhouse fact; and that it is impossible to ob- or the breakdown of the family or the doors? serve macro-evolution, it is scientific breakdown of the community, the lack Scientists today have numerous assumption. theories about our world and its begin- of economic opportunities, whatever The response to this relatively minor nings. I, personally, have been greatly the case may be—in most cases, it is and eminently scientific move by the all of those things—we need to recog- impressed by the many scientists who Kansas school board was shocking. The nize that education is just a piece of have probed and dissected scientific actions and intentions of the school solving this puzzle for a child growing theory and concluded that some Divine board were routinely misrepresented in up in these very poor neighborhoods. force had to have played a role in the the global press. Many in the global I hope we don’t walk away from here birth of our magnificent universe. scientific community, who presumably flexing our muscles, raising our hands, These ideas align with my way of knew the facts, spread misinformation saying: We have now solved the prob- thinking. But I understand that they as to what happened in Kansas. College lem; We have fixed the educational sys- might not align with someone else’s. admissions boards, who most certainly tem and that alone is going to solve That is the very point of this amend- knew the facts, threatened Kansas stu- the problems we face in our poor and ment—to support an airing of varying dents. The State Chamber of Com- downtrodden communities. It will not, opinions, ideas, concepts, and theories. merce and Industry, and the State uni- no matter how good our schools are. if education is truly a vehicle to broad- versities were threatened based on the I always share this story of going to en horizons and enhance thinking, actions of school board. All of these ef- a high school in north Philadelphia, a varying viewpoints should be welcome fects caused by a school board trying very poor high school, a very poor as part of the school experience. to decipher between scientific fact and neighborhood, a crime ridden neighbor- Mr. BROWNBACK. Mr. President, as scientific assumption. The response to hood. I walked through that school. my friend from Pennsylvania, and per- the actions of the board, appeared to First I walked through the metal de- haps every one in the free world, knows many as a response to the commission tectors. And I finally got to a class- the issue he brings up with regard to of heresy. room where, of the students going to how to teach scientific theory and phi- For this reason, I am very pleased the school, less than 5 percent were losophy was recently an issue in my that my friend from Pennsylvania of- going to go on to some education be- home State of Kansas. For this reason, fered this amendment. He clarifies the yond high school. I went into the class- many of my constituents are particu- opinion of the Senate that the debate room where those 5 percent were, and larly sensitive to this issue. of scientific fact versus scientific as- they were being talked to about their I would like to take the opportunity sumption is an important debate to opportunities. They were all from pub- of this amendment to clear the record embrace. I plan to support the amend- lic housing, poor neighborhoods. They about the controversy in Kansas. ment and urge my colleagues to join could get a free ride to any school they In August of 1999 the Kansas State me. wanted to go to. School Board fired a shot heard ’round Mr. REID. Mr. President, I ask unan- I remember talking to them about the world. Press reports began to sur- imous consent that between the two the opportunities they had and sort of face that evolution would not longer be votes, prior to the second vote in order, seeing somewhat blank stares back at taught. The specter of a theocratic there be 2 minutes on each side for de- me. We got into a discussion. I said: school board entering the class to en- bate. What is your biggest fear? What is your sure that no student would be taught The PRESIDING OFFICER. Without biggest concern about the school you the prevailing wisdom of biology was objection, it is so ordered. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6153 Does the Senator from Pennsylvania bureaucracy from Washington, to de- The PRESIDING OFFICER. The yield back the remainder of his time? velop what Washington thinks is the question is on agreeing to amendment Mr. SANTORUM. I do. standard, what Washington thinks is no. 798. The yeas and nays have been The PRESIDING OFFICER. The quality, use that money to address ordered. The clerk will call the roll. question is on agreeing to amendment local concerns, whether they be further The assistant bill clerk called the No. 799. The yeas and nays have been testing or additional needs. We know roll. ordered. The clerk will call the roll. what the needs are. Senators have stat- The PRESIDING OFFICER. Are there The senior assistant bill clerk pro- ed them over 7 weeks: Curriculum, bet- any other Senators in the Chamber de- ceeded to call the roll. ter teachers, more teachers, smaller siring to vote? Mr. REID. I announce that the Sen- class size, and on down the line. The result was announced—yeas 22, ator from Connecticut (Mr. DODD) is This is, in a sense, revenue sharing nays 78, as follows: necessarily absent. with the same amount of money. [Rollcall Vote No. 183 Leg.] The PRESIDING OFFICER (Ms. If Members believe in one size fits YEAS—22 CANTWELL). Are there any other Sen- all, that Washington—and not the local Akaka Durbin Nelson (NE) ators in the Chamber desiring to vote? folks—has the answers, if Members be- Boxer Feingold Reed The result was announced—yeas 91, lieve in unfunded mandates, if Mem- Cantwell Harkin Reid nays 8, as follows: Conrad Hollings Sarbanes bers believe students should be tested Corzine Inouye Stevens [Rollcall Vote No. 182 Leg.] on courses that they have yet to re- Daschle Leahy Wellstone YEAS—91 ceive—Title I, Head Start, and the oth- Dayton Levin Dodd Murray Akaka Ensign McConnell ers—if Members believe we ought to in- Allard Feingold Mikulski stitute this 7-year bureaucracy at a NAYS—78 Allen Feinstein Miller Baucus Fitzgerald Murkowski cost of $7 billion, vote against the Allard Edwards Lugar Bayh Frist Murray amendment. Allen Ensign McCain Bennett Graham Nelson (FL) If Members believe in local control, Baucus Enzi McConnell Bayh Feinstein Mikulski Biden Gramm Nelson (NE) and if Members believe they know what Bingaman Grassley Nickles Bennett Fitzgerald Miller Bond Gregg Reed is best, and what schools in their states Biden Frist Murkowski Boxer Harkin Reid need is help for curriculum, for class Bingaman Graham Nelson (FL) Breaux Hatch Roberts size, and everything else, then vote Bond Gramm Nickles Brownback Helms Rockefeller Breaux Grassley Roberts Bunning Hollings Santorum with us. I don’t see my distinguished Brownback Gregg Rockefeller Burns Hutchinson Sarbanes colleague, Senator WELLSTONE, but I Bunning Hagel Santorum Byrd Hutchison Schumer have his support, and I think I might Burns Hatch Schumer Byrd Helms Sessions Campbell Inhofe Sessions be able to get the support of Senator Cantwell Inouye Shelby Campbell Hutchinson Shelby Carnahan Jeffords Smith (NH) KENNEDY. Carnahan Hutchison Smith (NH) Carper Johnson Smith (OR) I yield the floor. Carper Inhofe Smith (OR) Cleland Kennedy Snowe The PRESIDING OFFICER. The Sen- Chafee Jeffords Snowe Cleland Johnson Specter Clinton Kerry Specter ator from Connecticut. Conrad Kohl Stabenow Clinton Kennedy Stabenow Corzine Kyl Thomas Mr. LIEBERMAN. Madam President, Cochran Kerry Thomas Craig Landrieu Thurmond with all respect to my friend and col- Collins Kohl Thompson Crapo Leahy Torricelli Craig Kyl Thurmond league from South Carolina, I rise to Crapo Landrieu Torricelli Daschle Levin Voinovich oppose the amendment. This amend- Dayton Lieberman Warner DeWine Lieberman Voinovich Domenici Lincoln Wellstone ment, if passed, will cut out the heart Domenici Lincoln Warner Dorgan Lott Wyden of the bipartisan agreement on edu- Dorgan Lott Wyden Durbin Lugar cational reform in this underlying bill. The amendment (No. 798) was re- Edwards McCain The heart of it is that we are going to jected. NAYS—8 demand results; we are going to ask for The PRESIDING OFFICER. The Sen- Chafee DeWine Stevens evidence that we can present to edu- ator from Pennsylvania. Cochran Enzi Thompson cators, to parents, indeed to students AMENDMENT NO. 420 TO AMENDMENT NO. 358 Collins Hagel and public officials, that the vast Mr. SPECTER. Madam President, I NOT VOTING—1 amounts of money that we at the Fed- call up amendment No. 420. Dodd eral level and those at the State and The PRESIDING OFFICER. The The amendment (No. 799) was agreed local level are investing in the edu- clerk will report. to. cation of our children is actually work- The assistant legislative clerk read Mr. KENNEDY. I move to reconsider ing. The important thing to say is that as follows: the vote by which the amendment was in the requirement that the underlying The Senator from Pennsylvania [Mr. SPEC- agreed to. bipartisan agreement makes for testing TER] proposes an amendment numbered 420. Mr. SANTORUM. I move to lay that of schoolchildren from grades 3–8, we The amendment is as follows: motion on the table. set the rules, but we leave it to the (Purpose: To amend the Fair Labor Stand- The motion to lay on the table was States to determine the standards. It is ards Act of 1938 to permit certain youth to agreed to. the States that will decide each year perform certain work with wood products) AMENDMENT NO. 798 what is adequate yearly progress. It is On page 893, after line 14, add the fol- Mr. KENNEDY. As I understand, we the States that will determine how lowing: have 2 minutes on each side. There will well their students are doing. So this is SEC. ll. EXEMPTION. be 2 minutes for the Senator from a national set of rules, but it is the Section 13(c) of the Fair Labor Standards South Carolina and 2 minutes for the States that will decide how each of Act of 1938 (29 U.S.C. 213(c)) is amended by adding at the end the following: Senator from Connecticut. them goes forward in implementing the ‘‘(6)(A) Subject to subparagraph (B), in the The PRESIDING OFFICER. The Sen- rules. administration and enforcement of the child ator from South Carolina. Second, we require an arcane term, labor provisions of this Act, it shall not be Mr. HOLLINGS. Madam President, but it means a lot, disaggregation of considered oppressive child labor for an indi- dear colleagues, the fundamental flaw data, so that people in the State, in the vidual who— is the approach that we do not, at the local area, parents, can see how each ‘‘(i) is under the age of 18 and over the age local level, have accountability, that group of children is doing so we will be of 14, and we do not have testing. The truth is, sure in that evidence that we will not ‘‘(ii) by statute or judicial order is exempt from compulsory school attendance beyond and I have previously printed it in the overlook the educational needs of the the eighth grade, RECORD, we have testing coming out of neediest of our children. to be employed inside or outside places of our ears: $422 million this year. We I ask my colleagues to oppose this business where machinery is used to process know what works. amendment and thereby stand by the wood products. I say, rather than go through a 7-year bipartisan agreement for educational ‘‘(B) The employment of an individual exercise at $7 billion, along with the reform. under subparagraph (A) shall be permitted— S6154 CONGRESSIONAL RECORD — SENATE June 13, 2001 ‘‘(i) if the individual is supervised by an cently, I chaired a hearing of the Amish youth working in sawmills. As adult relative of the individual or is super- Labor, Health and Human Services and their population grows and their sub- vised by an adult member of the same reli- Education Appropriations Sub- sistence through an agricultural way of gious sect or division as the individual; committee to examine these issues. life decreases, trades such as sawmills ‘‘(ii) if the individual does not operate or At the hearing the Amish explained assist in the operation of power-driven wood- become more and more crucial to the working machines; that while they once made their living continuation of their lifestyle. Barring ‘‘(iii) if the individual is protected from almost entirely by farming, they have youths from the sawmills denies these wood particles or other flying debris within increasingly had to expand into other youths the very vocational training the workplace by a barrier appropriate to occupations as farmland has dis- and path to self-reliance that was cen- the potential hazard of such wood particles appeared in many areas due to pressure tral to the Yoder Court’s holding that or flying debris or by maintaining a suffi- from development. As a result, many of the Amish do not need the final two cient distance from machinery in operation; the Amish have come to rely more and years of public education. and more on work in sawmills to make ‘‘(iv) if the individual is required to use This is a matter of great importance personal protective equipment to prevent ex- their living. The Amish culture expects and I urge my colleagues to work with posure to excessive levels of noise and saw youth, upon the completion of their me to provide relief for the Amish com- dust.’’. education at the age of 14, to begin to munity. Mr. SPECTER. Madam President, I learn a trade that will enable them to The PRESIDING OFFICER. The Sen- seek recognition to discuss my amend- become productive members of society. ator from Massachusetts. ment, which briefly stated, would sim- In many areas, work in sawmills is one Mr. KENNEDY. Madam President, ply permit Amish youths, aged 14 to 18, of the major occupations available for the Senator is correct. The Senator has to be able to work in sawmills. The the Amish, whose belief system limits spoken to me about this issue. It is a issue has arisen as to the safety of the types of jobs they may hold. Unfor- very important issue because it does these sawmills. The Appropriations tunately, these youths are currently involve children and involves a dan- subcommittee which has jurisdiction prohibited by law from employment in gerous industry. But there are other over the Department of Labor which I this industry until they reach the age factors to be considered. had chaired held a hearing on this sub- of 18. This prohibition threatens both The Senator has given us some rec- ject. It is appropriate and necessary the religion and lifestyle of the Amish. ommendations from very noteworthy that the full Committee on Health, Under my amendment, youths would OSHA experts who believe a way can be Education, Labor, and Pensions have a not be allowed to operate power ma- found to ensure the safety of these hearing. chinery, but would be restricted to per- children and also achieve the objective. We have consulted with experts who forming activities such as sweeping, I think it would be valuable to have have given us a formula to provide for stacking wood, and writing orders. My that in an open hearing, and we will do what we think is the requisite safety. I amendment requires that the youths so in our Labor Committee and give have had a brief discussion with the must be protected from wood particles due notice to the Senator when that Senator from Massachusetts about my or flying debris and wear protective hearing will be held, and welcome any withdrawing this amendment and hav- equipment, all while under strict adult of the people from whom he thinks it ing a hearing so that due consideration supervision. The Department of Labor would be useful for us to hear. could be given to this issue by his com- must monitor these safeguards to in- The PRESIDING OFFICER. The Sen- mittee. sure that they are enforced. ator from Pennsylvania. This amendment is designed to per- The Department of Justice has raised Mr. SPECTER. Madam President, I mit certain youths—those exempt from serious concerns under the establish- thank my colleague from Massachu- attending school—between the ages of ment clause with the House legislation. setts. 14 and 18 to work in sawmills under The House measure conferred benefits I just add one note. There are very special safety conditions and close only to a youth who is a ‘‘member of a serious issues of religious freedom in- adult supervision. I introduced iden- religious sect or division thereof whose volved here with the Amish having the tical measures in the 105th and 106th established teachings do not permit right under the Constitution not to Congresses. Similar legislation intro- formal education beyond the eighth have education beyond the age of 14, duced by my distinguished colleague, grade.’’ By conferring the ‘‘benefit’’ of and those will be considered in due Representative JOSEPH R. PITTS, has working in a sawmill only the adher- course. already passed in the House twice be- ents of certain religions, the Depart- Let me thank my distinguished col- fore. I am hopeful the Senate will also ment argues that the bill appears to league from Louisiana for yielding so seriously consider this important issue. impermissibly favor religion to ‘‘irreli- that we could have this brief colloquy. As chairman of the Labor, Health gion.’’ In drafting my amendment, I at- I thank my colleagues and yield the and Human Services and Education Ap- tempted to overcome such an objection floor. propriations Subcommittee, I have by conferring permission to work in The PRESIDING OFFICER. The Sen- strongly supported increased funding sawmills to all youths who ‘‘are ex- ator from Massachusetts. for the enforcement of the important empted from compulsory education Mr. KENNEDY. We will have a very child safety protections contained in laws after the eighth grade.’’ Indeed, I brief quorum call. I suggest the ab- the Fair Labor Standards Act. I also think a broader focus is necessary to sence of a quorum. believe, however, that accommodation create a sufficient range of vocational The PRESIDING OFFICER. The must be made for youths who are ex- opportunities for all youth who are le- clerk will call the roll. empt from compulsory school-attend- gally out of school and in need of voca- The assistant legislative clerk pro- ance laws after the eighth grade. It is tional opportunities. ceeded to call the roll. extremely important that youths who I also believe that the logic of the Mr. SPECTER. Madam President, I are exempt from attending school be Supreme Court’s 1972 decision in Wis- ask unanimous consent that the order provided with access to jobs and ap- consin versus Yoder supports my bill. for the quorum call be rescinded. prenticeships in areas that offer em- In Yoder, the Court held that Wiscon- The PRESIDING OFFICER. Without ployment where they live. sin’s compulsory school attendance law objection, it is so ordered. The need for access to popular trades requiring children to attend school AMENDMENT NO. 420 WITHDRAWN is demonstrated by the Amish commu- until the age of 16 violated the free ex- Mr. SPECTER. Madam President, in nity. In 1998, I toured an Amish saw- ercise clause. The Court found that the the last colloquy I stated my intention mill in Lancaster County, PA, and had Wisconsin law imposed a substantial to withdraw the amendment. I did not the opportunity to meet with some of burden on the free exercise of religion use the magic words, which I now use. my Amish constituency. In December by the Amish since attending school I withdraw my amendment. 2000, Representative PITTS and I held a beyond the eighth grade ‘‘contravenes The PRESIDING OFFICER. The meeting in Gap, PA, with over 20 mem- the basic religious tenets and practices amendment is withdrawn. bers of the Amish community to hear of the Amish faith.’’ I believe a similar Mr. SPECTER. I thank the Chair and their concerns on this issue. Most re- argument can be made with respect to suggest the absence of a quorum. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6155 The PRESIDING OFFICER. The as the number of individuals age 5 through 17 the West Coast, from the North to the clerk will call the roll. in the State, as determined by the Secretary South, from California, to Louisiana, The assistant legislative clerk pro- on the basis of the most recent satisfactory to New Hampshire, to Illinois, commu- ceeded to call the roll. data, bears to the number of those individ- nities are faced with a struggle to find uals in all such States, as so determined; and Mr. KENNEDY. Madam President, I ‘‘(II) an amount that bears the same rela- qualified people to teach their chil- ask unanimous consent that the order tionship to 65 percent of the dren. for the quorum call be rescinded. On page 320, strike lines 16 through 26 and Every major newspaper and magazine The PRESIDING OFFICER. Without insert the following: in our Nation has covered this story— objection, it is so ordered. ‘‘(1) an amount that bears the same rela- not on the back page, not on the mid- Mr. KENNEDY. Madam President, I tionship to 20 percent of the total amount as dle page, but on the cover page. Here is ask unanimous consent that upon the the number of individuals age 5 through 17 in an excerpt from Newsweek published disposition of the Dodd amendment No. the geographic area served by the agency, as earlier this fall. ‘‘Who Will Teach Our 382, the Senator from Nebraska, Mr. determined by the Secretary on the basis of the most recent satisfactory data, bears to Kids?’’ That is the question parents are NELSON, be recognized to call up the number of those individuals in the geo- asking. ‘‘What Schools And Parents amendment No. 533; that there be 5 graphic areas served by all the local edu- Can Do. Half Of All Teachers Will Re- minutes for debate on the amendment cational agencies in the State, as so deter- tire By The Year 2010.’’ equally divided in the usual form; that mined; and The picture is of a child waiting for a upon the use of the time, the amend- ‘‘(2) an amount that bears the same rela- teacher and these subtitles only ment be agreed to and the motion to tionship to 80 percent of the total amount as scratch the surface of the real crisis reconsider be laid upon the table with the num-’’. facing us today. Let me read briefly no second-degree amendment in order Ms. LANDRIEU. Madam President, from a story that says ‘‘Teachers thereto. the amendment that I offer today is Wanted.’’ I noticed this because Frank, Further, that upon the disposition of similar in some ways to the amend- my husband, and I have our 9-year-old amendment No. 533, Senator KERRY be ment I offered and we adopted 2 days Connor in school here. He finished recognized to call up amendments Nos. ago. With an overwhelming and bipar- third grade this year. One of the joys of 423 and 455, that there be 40 minutes tisan show of support, we again made a my day is to know every day that Con- total for debate on the two amend- commitment to better target the some- nor is in a school with a wonderful ments with time divided as follows: 10 what scarce education resources of- teacher—Holly Garland, and that he is minutes each, Senators KERRY, SMITH fered by the Federal Government under being well educated in a school that is of Oregon, KENNEDY, and GREGG, with this bill—I use the word scarce judi- safe. I can come to work in the Senate no second-degree amendments; that ciously; to some it is an awful lot of and do my job. My husband can go do upon the use or yielding back of time, money, but to others, relative to what his job because we have that security. the amendments be agreed to and the we need, it is not enough towards the But that is not the case of a family motions to reconsider be laid upon the communities with the greatest need. from Georgia. Their names are Jill and table. Whatever moneys we are able to Larry Jackson of Conyers, GA. The ar- Provided further that, upon the dis- place, I believe, and many of my col- ticle says: position of the Kerry/Smith amend- leagues on the Republican and Demo- It should have been a season of hopeful be- ments, the Senate resume consider- cratic side and, to his credit, President ginnings, but for Jill and Larry Jackson of ation of the Cantwell amendment No. Bush must be targeted toward helping Conyers, Ga., the opening of school this fall 630, as modified, with a total of 15 min- the children and the schools that need has meant only anger and frustration. Their utes for debate divided as follows: 5 the most help. Particularly when, as 11-year-old son, Nicholas— minutes each, Senators CANTWELL, Senator KENNEDY has so eloquently ex- Only 2 years older than Connor— KENNEDY, and GREGG; that upon the pressed many times on the floor, this is is in a sixth-grade special-ed class taught by use or yielding back of time, the Sen- really a new day for education from the an assistant and a substitute. The regular ate proceed to a vote in relation to the Federal Government. We are initiating teacher quit after three weeks of school, and Cantwell amendment, with no second- sweeping reforms, not mandating local the class of 13 is out of control. ‘‘We can move Nicholas to a special-ed class in an- degree amendment in order thereto, governments but supporting them in their efforts to reform their schools, to other school that has just five kids,’’ says with no intervening action. Jill, ‘‘but the teacher is leaving in December. The PRESIDING OFFICER. Without increase standards, to implement ac- I phoned the district, and they told me that objection, it is so ordered. countability. We must work with the they have five special-ed positions to fill. Under the previous order, the Sen- states and locals in partnership, to And I asked them if they think they’ll have ator from Louisiana is recognized to help fulfill our promise to leave no a certified special-ed teacher in that class by call up amendment No. 474 on which child behind. December, and they said: ‘That’s the least of there will be 30 minutes equally di- This amendment would target more our problems right now.’’’ vided in the usual form. tightly title II dollars. On Monday, 57 Jill, the mother, much as I am with AMENDMENT NO. 474 TO AMENDMENT NO. 358 Members of this body helped us to tar- my children, said: ‘‘Well, it’s the big- Ms. LANDRIEU. Madam President, I get the title I dollars, the largest title gest problem in my life right now.’’ call up amendment No. 474. of the elementary and secondary edu- To millions of parents, from Massa- The PRESIDING OFFICER. The cation bill. There are seven general ti- chusetts to New Hampshire to Lou- clerk will report. tles in the BEST bill. Title I has al- isiana to Mississippi, the biggest prob- The assistant legislative clerk read ways been the largest Federal title. lem in their lives is their kids, 90 per- as follows: Some would argue the most important. cent of whom are in the public schools of this Nation. They send them to The Senator from Louisiana [Ms. Yet, when you are talking about pro- LANDRIEU] proposes amendment numbered viding an quality education, it is hard schools and classrooms without cer- 474. to argue that a Title which is focused tified teachers, without any teachers, Ms. LANDRIEU. Madam President, I on quality teachers is any less impor- with substitute teachers, teachers who ask unanimous consent that reading of tant. In my mind and in the minds of come in and out of the classroom every the amendment be dispensed with. many in the Senate, there really is no few weeks. How is it possible for a child The PRESIDING OFFICER. Without more important element of an edu- to begin to learn when the teacher objection, it is so ordered. cation than a good, qualified teacher. doesn’t even know a child’s name? This The amendment is as follows: William Arthur Ward once said: The is a parent’s worst nightmare. mediocre teacher tells; the good teach- My amendment does not attempt to (Purpose: To improve the formulas for teacher quality grants) er explains. The superior teacher dem- fix this terrible situation because I am onstrates; the great teacher inspires. not certain any amendment could actu- Beginning on page 312, strike line 18 and all that follows through page 313, line 4, and We need a lot more great teachers in ally deal with a problem this large. It insert the following: America. We have many, but we need is so large and so tough. What my ‘‘(I) an amount that bears the same rela- more. No doubt there is a crisis in our amendment does is say, we know we tionship to 35 percent of the excess amount Nation today. From the East Coast to have a problem; we need to set goals S6156 CONGRESSIONAL RECORD — SENATE June 13, 2001 and strategies for fixing that problem; of them is Mississippi. And the third is you look at. The numbers of people and most importantly, we must provide Texas. Let me talk about Louisiana for choosing to teach are just not there to the resources to address the problem. just a minute. We have—Senator meet the requirements. So lots of In short, my amendment attempts to BREAUX and I—in our State 1,500 things can be done. This bill encour- move what money we have into the schools. Of the 1,500 schools, 1,013 have ages alternative certification, being areas and to the schools that need the more than 50 percent of the children in creative, getting retirees who have had most help. This bill requires that all those schools in poverty. Let me repeat a successful first career into the schools with 50% or more of their chil- that. We have 1,500 schools in Lou- schools. For instance, a great program dren in poverty must have all highly isiana. Out of that number, we have Troops to Teachers, which uses our qualified teachers by 2005. What would 1,013 schools that have 50 percent of military to fill these slots. We can no that mean to states? poverty, or higher. That means we longer rely on 18-, 19-, 20-year-olds. We Let me cite some statistics that were would have to find 30,000 highly quali- must broaden our thinking. actually shocking to me, and hopefully fied teachers for these classrooms. There are positive things that can be they will be to the Members of the Sen- There are only 49,000 full time teachers done, and there are success stories, but ate. Let me start with some examples in the whole state, so we would have 3 they are not free. I contend today, and of some States right now that are in years to make sure that 3 out of every I will continue to fight in this debate, pretty good shape. I will cite three or 5 teachers meet the qualification re- that there are simply not enough re- four. quirements outlined in this bill. I don’t sources at the local and Federal levels Connecticut has a total of 1,069 know how, if we worked 24 hours a day, to meet the new demands of this bill schools. Yet only 189 of those schools 7 days a week, between now and the and to give a promise to our parents are 50 percent poverty. So out of over deadline which is in this bill, with the and students that they will be taught 1,000 schools, they have fewer than 200 limited resources we have, if we could by a qualified, good teacher. schools in the whole State that have 50 meet that deadline. Let me share some facts about Mis- percent of poverty or more. To meet Let me go into a little bit more de- sissippi. Mississippi is a State that is the requirements under this bill, 6,670 tail about Louisiana. I want to show in a very tough situation. Mississippi in Connecticut’s poorest schools would you what the challenge is. I think Sen- has 874 schools. Of the 874 schools, 700 have to be highly qualified by 2005. ator KENNEDY and Senator GREGG, who have 50 percent of poverty—students That is a manageable amount. Con- are very knowledgeable about this, from households represented by an in- necticut is in pretty good shape be- must certainly understand this chal- come that hits the poverty level. They cause under the bill, it is going to have lenge. need 23,274 highly qualified teachers. to make sure that these 189 schools In Louisiana, every year we have Under this bill, they are going to have have the resources to meet this re- 8,000 students enrolled in colleges and 3 years to find 23,274 teachers. quirement. Based on what I know universities. The students who grad- Mississippi and Louisiana need help. about the resources in Connecticut and uate are 1,600 every year. We will lose That is what this amendment is about. the great work of Senator DODD and 160 in the test because the tests for It is about saying whatever dollars we Senator LIEBERMAN and other elected teachers will weed out some who are can muster, whatever we can scratch officials in that State, I have no doubt not ready and qualified. That is most out of this budget to make an invest- that with the extra muscle they can important. So we will graduate with ment in this Nation’s future and our probably manage to find 6,000 highly degrees 1,440. These are last year’s sta- kids, let’s get it to the States and the qualified teachers in 3 years. tistics. And 33 percent of these, which children who have been without quali- Let me share the good news about the taxpayers in Louisiana paid taxes— fied teachers for too long. We have ex- another State, New Hampshire. It has income taxes, sales taxes, fees, license amples throughout our history of that 516 schools. Only 7 in the whole State taxes—to educate will leave our State. special teacher with that special touch of New Hampshire—it is a small For the most part, they will leave Lou- who can work miracles for a child, any State—have a poverty rate of 50 per- isiana because almost every State child, regardless of their race or family cent. That means that they have three around us has higher salaries. So we income. Let’s help get teachers to Lou- years to make sure that the 103 teach- will lose 33 percent of those teachers isiana and Mississippi. ers who currently teach in those who come out, leaving us basically Let me end with Texas. Texas is a big schools are highly qualified. Again, I with 964 teachers. These teachers will State, and they have a big problem be- am confident that with the good work start, and in 5 years 30 percent of them cause they have 7,228 schools. of the Senators here from New Hamp- will leave the system, leaving us—out Of those schools, 3,190 have student shire and their Governor, Jean of this graduating class of 1,600—675. populations with 50 percent of poverty Shaheen, and their elected officials , This is not right. This is not effi- or more. They need a whopping 107,779 they can find the 103 teachers qualified, cient. This is a waste of taxpayer dol- qualified teachers in 3 years. get them in those classrooms, and meet lars. Most important, it is what is con- Louisiana, Texas, and Mississippi are the goals of this bill. tributing to the crisis of us trying to examples of States that do not have Let me give you one other example of get good teachers in our classrooms. the same resources other States might Now a lot of things can be done. a State in pretty good shape. It is a have, particularly Mississippi and Lou- The PRESIDING OFFICER (Mr. CAR- larger State, and people might not ex- isiana. PER). The time of the Senator from pect that a large State such as New This amendment is an attempt to Louisiana has expired. Jersey would be in good shape, but Ms. LANDRIEU. Mr. President, I bring the resources that will support they are. They have 2,317 schools. Only yield myself 10 minutes to complete. I this reform, that will help meet the 400 of those schools have 50 percent ask unanimous consent that I may do goals of this new education bill to the poverty rates or greater. They must that. States and to the areas that could use ensure that 16,000 teachers are highly The PRESIDING OFFICER. Is there the most help. qualified. Sixteen thousand is a lot, but objection? Some people on the other side have New Jersey is a big State with a lot of Without objection, it is so ordered. said this is a local issue. This might be resources. There is substantial wealth Ms. LANDRIEU. I appreciate the where the local issue in terms of deci- in New Jersey. Lots of corporations are extra time. sions are made, but if this Federal Gov- there. Their property taxes are pretty What’s more, 66% of the teachers in ernment does not step up to the plate high. If they would distribute them a Louisiana have bachelors degrees. Only and provide some additional resources little more evenly, which they are 13 of our teachers were Nationally to help parishes in Louisiana, such as probably in the process of doing, they Board Certified in the year 2000. And Red River, Orleans Parish, St. Martin can perhaps find 16,000 teachers in 3 over 15% of those teaching in our state Parish, and Iberia Parish and even Jef- years. have not successfully completed their ferson Parish, they cannot reach their Let me tell you a sad story. Let me certification. full potential. If we do not step up to talk to you about 3 States. As you may This is true of Louisiana, but it is the plate, they will never be able to expect, one of them is Louisiana. One going to be true in almost every State find the thousands of qualified teachers June 13, 2001 CONGRESSIONAL RECORD — SENATE S6157 with creativity, with a new approach sistent with her previous amendment, fact, I offered some of the earliest to education because there are so many which was overwhelmingly accepted, in amendments to support afterschool barriers. that it provides greater targeted re- programs as the chairman of the Sub- I thank my colleagues for their at- sources for teachers. committee on Children and Families, tention to the issue of targeting federal For my money, the most important and then as the ranking member, work- resources to our areas of greatest need. ingredient in the educational process is ing very closely with my good friend It is a very important and fundamental having a well-trained teacher in the and colleague from Vermont, Senator principle of this bill. We have set new classroom. There are other compo- JEFFORDS, and Senator BARBARA BOXER high standards. We have left the con- nents, but this is absolutely essential. from California has been very inter- trol at the local level. We have given The greatest challenge we face is the ested in afterschool programs. Most local governments, as you did, Mr. neediest and the poorest schools where Senators have been interested in after- President, when you were Governor of we need the best teachers have the school programs. your wonderful State of Delaware, most unqualified teachers. The amend- Afterschool programs—in a sense, I more resources with which to work, ment of the Senator from Louisiana am preaching to the choir addressing but those resources are not adequate. sharpens the direction of this legisla- the Presiding Officer as a former Gov- I hope as this moves forward that we tion to ensure, to the extent we can, we ernor of the State of Delaware. He un- can increase our investment in our get well-qualified teachers to teach the derstands the tremendous value of hav- children’s education so that the family neediest students. It is a very impor- ing good, strong afterschool programs I referred to in Georgia or my family or tant amendment, and it is a very useful and how important they are. In a sense, any other family does not have to live and helpful amendment. I urge the Sen- I am offering this amendment not just through the nightmare of having high ate to accept the amendment. on my behalf and those who support hopes for a child, sending them off to The PRESIDING OFFICER. Does the this, but I do so on behalf of Fight school only to be in a classroom out of Senator from Tennessee seek recogni- Crime Invest in Kids, which represents control because we have not provided tion? a thousand police chiefs, sheriffs, pros- the resources and the parameters nec- Mr. FRIST. I yield back the remain- ecutors, leaders, police organizations, essary to succeed. der of our time, and we can have a crime survivors; on behalf of the YMCA Today, research is confirming what voice vote. and YWCA, which are the largest after- common sense has suggested all along. The PRESIDING OFFICER. All time school providers in the United States— A skilled and knowledgeable teacher has expired. The question is on agree- literally there are some 2,500 YMCA can make an enormous difference in ing to amendment No. 474. and YWCA programs that provide how well students learn. Is the home The amendment (No. 474) was agreed afterschool programs—National PTA, environment important? Absolutely. to. National Network for Youth, After- Can children learn without their par- Mr. KENNEDY. I move to reconsider school Alliance, National Community ents or a parent or a grandparent or a the vote. Education Association. I will provide a guardian encouraging them? No. But Mr. REID. I move to lay that motion list. can a good teacher make a difference? on the table. I ask unanimous consent that the Absolutely. The motion to lay on the table was long list of education groups, police Again to quote: agreed to. groups, prosecutors, and others sup- Mr. KENNEDY. I thank the Senator. The mediocre teacher tells. The good porting this amendment be printed in Mr. FRIST. I understand we will now teacher explains. The superior teacher dem- the RECORD. proceed to the Dodd amendment, and onstrates. But the great teacher inspires. There being no objection, the mate- that we will have 2 hours equally di- We have a nation that was built on rial was ordered to be printed in the vided. hope and inspiration. Our Nation was RECORD, as follows: founded on the belief that tomorrow The PRESIDING OFFICER. That is correct. Fight Crime Invest in KIDS could be a better day; that men and YMCA women would live in liberty and that AMENDMENT NO. 382 TO AMENDMENT NO. 358 NABYC value is taught through our school sys- The PRESIDING OFFICER. Under National PTA tem. If we do not commit the resources the previous order, the Senator from National Network for Youth to help our teachers do the job, if we do Connecticut, Mr. DODD, is recognized to Afterschool Alliance not find ways to get more and better call up amendment No. 382 on which National Community Education Association teachers in the classroom, we have not there will be 2 hours of debate equally National Education Association School Social Work Association of America only failed our schools, we have failed divided. Mr. DODD. I ask that the Chair no- National Association of School Psycholo- our country. gists I am pleased to say I understand it is tify me when 15 minutes of my time Council for Exceptional Children going to be accepted. Again, I wish it have expired. I will then ask unani- National Association of Social Workers was broader in its scope because we mous consent that the Senator from Association for Career and Technical Edu- need to do more, but this amendment Tennessee, Mr. FRIST, be recognized for cation targeting our resources will help. I will 15 minutes, and at the expiration of his American Counseling Association be back many times to speak about 15 minutes, I be rerecognized to com- American Federation of Teachers this subject. I thank you, and I believe plete my opening statement. National Alliance of Black School Educators American Association of University Women my time has expired. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ator will be so notified. Mr. DODD. Mr. President, their en- ator’s time has expired. Who yields Mr. DODD. I thank the Chair. dorsement is not fainthearted. They time? The Senator from Massachu- Mr. President, I thank my good believe this may be the single most im- setts. friend and colleague from Massachu- portant issue of the Elementary and Mr. KENNEDY. I believe I have time, setts, Senator KENNEDY, the chairman Secondary Education Act. Because we do I not? of the committee; Senator GREGG, and are leaving out under the pilot pro- The PRESIDING OFFICER. Appar- other Members, my friend from Ten- gram—and I want to make this argu- ently those opposing the amendment nessee with whom I have worked on ment so people can understand it; this have time. many issues and for whom I have the bill can get a little confusing with all Mr. KENNEDY. I ask unanimous con- highest regard and respect. I appreciate the various pieces of it. sent to proceed for 2 minutes. their efforts. I have enjoyed working One of the major pieces of this bill is The PRESIDING OFFICER. Without with them on the Elementary and Sec- called the Straight A’s Program which objection, it is so ordered. ondary Education Act. is called a pilot program. Mr. KENNEDY. Mr. President, I This is not a surprise amendment. When we think of pilot programs or thank Senator LANDRIEU from Lou- My colleagues have known for some demonstration programs, our mind im- isiana for this amendment. As she has time I have been deeply interested in mediately draws on a number that rep- mentioned, this is completely con- afterschool programs. Going back, in resents a relatively small fraction of S6158 CONGRESSIONAL RECORD — SENATE June 13, 2001 the larger group. It will be a pilot pro- There are reasons why this particular value? Is there any doubt whether or gram or a demonstration program. Cer- program is important. Let me explain not it ought to be taken out of this tainly, this program, when it was an- it in context. What happens under the block grant and left to local commu- nounced, sounded relatively small. It is Straight A’s Program, all of a sudden nity organizations such as the YMCAs, a pilot program that would be in 7 community-based, local-based grant such as our community organizations States out of 50, in 25 school districts. applications get eliminated in these 7 that find these programs worthwhile, That sounds pretty small. One cannot States and 25 districts. It would now to apply for these dollars? imagine that being any great threat as come from the State education author- I can only, with the money, grant 300 a pilot program. I am not sure whether ity or the Governor as to whether or out of almost 3,000 a year that apply. it is a pilot program for 1 year, 4 years, not there would be an afterschool pro- But eliminate this, and these 7 States 5 years, or 7 years. gram. This is why people are con- and 25 districts for 7 years, left totally This bill is a 7-year bill. I am not cerned. We are moving away from local to the discretion of a State agency or a sure how long the pilot programs on decisionmaking. We are saying in these Governor, may cut a lot of these pro- the grants are supposed to run during States: You are out. That YMCA, the grams. Why? Because a lot of the kids the life of this bill. That is rather community-based organization, and come from some of the poorest rural vague in the underlying bill. It could some of the church-based organiza- and urban districts and don’t have the end up being 14 States or 21 States over tions, you are out. It depends on what local clout to be applying for this as- the 7-year life of the bill, or is it just happens at the State level. They watch sistance and carrying it off. 7 States in 7 years? I am not sure of the the program grow because of the value. This is very important. If you talk answer. There has never been, in the history of about basic safety, it is critical. Again, In seven States and 25 districts, ex- the Department of Education, a grant listening to me is one thing, but listen clude the 25 districts, I can get you to program that has been sought after as to people who work every day in this 44 percent of the entire student popu- much as this grant. area. They are the ones behind this. lation of the United States. If this pilot Let me demonstrate the point with Listen to the police chiefs across the program that is going to be awarded by this chart. In this year alone there country. Let me read their letter: the Secretary of Education goes to the have been 2,762 grant applications. Of As an organization led by more than 1,000 7 largest States and the 25 largest that nearly 3,000, only 300 will be fund- police chiefs, sheriffs, prosecutors, leaders of school districts in America, you are at ed under existing resources. There have police organizations, and crime survivors, we 51 percent of the entire student popu- been an average of 2,000 applications a urge you to support a Senate floor amend- lation of the United States—hardly a year since the program started, and the ment to S. 1 to remove 21st Century Commu- pilot program or a demonstration pro- numbers are going up. So we are look- nity Learning Centers (21st CCLC) from the gram. I don’t think it is a leap of faith ing at a tremendously popular pro- Straight A’s Block Grant. We are concerned that if 21st CCLC is fold- to suggest that may be the case. gram. People see afterschool care as ed into a block grant with many other edu- I expect every State in the United critically important primarily to the cational programs the investment that the States to apply for the Straight A’s safety of their children. There is an Federal government has finally begun to Program. Why? Because it eliminates academic achievement element to this, make in expanding after-school programs all the categorical programs. It says to but it is primarily an issue of safety. In will wither. After-school programs are dif- the States, you can basically do any- the history of the Department this has ferent than many of the other programs in- thing you want with this money. It been the most sought after grant of cluded in the block grant. They support and says you have to serve the neediest any in the United States. That is how enhance academic performance but they are kids, but we know under title I how not necessarily direct academic programs. popular it is with people all across the Therefore, in a block grant where the ac- broad a definition that is already under country. countability provisions measure only aca- law for 36 years. I cannot imagine a ju- We increased the funding for this demic performance, after-school programs risdiction not saying: I would like one over the years, but not very much. Ac- will likely lose out to regular school-day of those; I will take Federal money cording to the most recent Mott/J.C. academic programs. without any strings attached. It is not Penney poll, nearly two-thirds of vot- In addition, as law enforcement leaders any great leap of logic to assume that ers report difficulty funding quality, and crime survivors we feel strongly that all 50 States and virtually every school affordable afterschool programs. The one of the most important aspects of after- district will probably apply for the Census Bureau reports that nearly 7 school programs is the crime-prevention impact. The Straight A’s block grant account- Straight A’s Program. million children between the ages of 5 ability provisions do not measure crime-pre- I don’t think it is any great leap if, and 14 go home alone unsupervised vention outcomes and therefore do not com- in fact, you believe this program ought each week. pletely recognize the unique nature and im- to be national policy and not a pilot Let me show a graph with the num- portance of after-school programs such as program—which is the view of the ad- ber of children, showing the growing 21st CCLC. ministration; they only call it a pilot numbers of grade-school-age children In the hour after the school bell rings, vio- program for the purpose of this bill be- in self-care in the United States: 2 per- lent juvenile crime soars and the prime time cause if they said they want this to be cent of 5-year-olds have no afterschool for juvenile crime begins. The peak hours for such crime are from 3:00 to 6:00 p.m. These the national program, there would be a care and are home alone; 3 percent of 6- are also the hours when children are most lot of resistance to it. If they call it a year-olds; 4 percent of 8-year-olds; and likely to become victims of crime, be in an pilot program, a lot of people are will- 11-year-olds—these are children, not automobile accident, have sex, smoke, drink ing to say they will try a pilot pro- teenagers—10- and 11-year-olds, 1 in alcohol, or use drugs. gram. every 4 is home alone. After-school programs that connect chil- The fact is, this could affect a lot of The second chart points out what po- dren to caring adults and provide construc- children for a long time. Seven years lice chiefs say about the program, and tive activities during these critical hours are may not seem like much in the life of why dumping it into a block grant and among our most powerful tools for pre- a bill in Congress, but if you have a eliminating community organizations venting violent juvenile crime. For example, in a five-city study, half of a group of at-risk child in kindergarten, the first grade, from asking for help is wrongheaded. high-school kids were randomly assigned to the second or third grade, that is the Police chiefs were asked in a survey: participate in the Quantum Opportunities entire elementary education your child Which of these strategies do police after-school program. The boys left out of will get. So afterschool—I will get to chiefs choose as the most effective for that program had six times more criminal the particular program—is important. reducing youth violence in the coun- convictions in their high-school years than This could affect a lot of children. It is try? ‘‘Afterschool,’’ almost 70 percent the boys who attended the after-school pro- why the YMCAs, it is why police chiefs, chose that. Then it drops way down for gram. it is why all the other organizations ‘‘try juveniles as adults,’’ ‘‘hire more Yet roughly 11 million children go home from school regularly to an empty house. are concerned about this: because of police,’’ with ‘‘metal detectors’’ at 1 With such a large unmet need, now is the the potential exposure it could mean to percent. Is there any doubt where those time to be strengthening the Federal govern- an awful lot of children around the people, who deal with these issues ment’s commitment to after-school pro- country. every day believe this program has grams, not weakening it. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6159 That is 1,000 police chiefs talking This is far too many of our youth to place in substance of the amendment itself. about this. Forget about the Senator danger of academic failure and much worse. First of all, you will hear several from Connecticut talking; will we lis- As the largest private provider of after- terms. One is ‘‘Straight A’s’’; one is ten to the people who work on these school programs in the country, YMCAs have ‘‘21st Century School.’’ Let me back up 150 years of experience providing programs issues every day? to young people during non-school hours. a little bit and paint the big picture. Let me read a letter from the YMCA. More than 2,500 YMCAs serve over 9 million ‘‘Straight A’s’’ is the title that is This is the largest program, cele- children and youth in over 10,000 commu- given for the program entitled Aca- brating its 150th year of existence this nities through partnerships with schools, demic Achievement for All. This is a year. These people know what they are businesses, police, juvenile courts and hous- program that is a part of the under- talking about. These are some of the ing authorities. Many other community- lying bill. It functions as a pilot pro- best programs in the country. based organizations in this country also have gram. Its purpose is to demonstrate, This is a letter from Ken Gladish, na- decades of experience operating quality not on a nationwide scale, but for up to tional executive director: afterschool programs, and Congress is mak- 7 States and 25 districts which can ing the 21st Century program better by mak- A recent survey conducted for the YMCA ing sure funding is available for programs apply to qualify for this pilot program. of the USA shows how important afterschool operated by these organizations. However, by The reason the program itself is so im- programs are. Among other findings, the sur- not requiring the Straight A’s states to portant to our side of the aisle is that vey showed that young people who do not spend this money on afterschool programs it does crystallize and underscore the participate in afterschool programs are five and to make it available to community orga- important principle of flexibility and— times more likely to be D students, twice as nizations, Congress will effectively and dra- and this is where I disagree with my likely to get into a fight at school and far matically limit the overall positive impact more likely to skip a day of school than colleague—local control. Local control afterschool programs can have on local com- is coupled with higher standards of ac- youth engaged in stimulating, productive ac- munities. tivities in the hours after school. According As we celebrate our 150th anniversary in countability. to census figures, more than seven million the United States in 2001, YMCAs remain The BEST bill requires all students school-age children are left home alone and committed to doing what it takes to build meet standards of achievement. How- on the streets, unsupervised after school. strong kids, strong families and strong com- ever, if you participate in this vol- This is far too many of our youth to place in munities. Thank you for your efforts to in- untary pilot program, you are given danger of academic failure and much worse. crease opportunities for all our kids. greater flexibility to make decisions at As the largest private provider of after- Sincerely, school programs in the country, YMCAs have the local level, and you will be required KENNETH L. GLADISH, Ph.D., to deliver higher standards than are re- 150 years of experience providing programs National Executive Director. to young people during non-school hours. quired in the underlying bill. More than 2,500 YMCAs serve over 9 million Mr. DODD. Can there be any more el- Again, I mention it because people children and youth in over 10,000 commu- oquent argument that whatever else we think this is a block grant with no nities through partnerships with schools, do with Straight A’s and academic per- strings attached, and that is simply businesses, police, juvenile courts and hous- formance, we should not take a pro- not true. The strings are attached in ing authorities. Many other community- gram for which there is such need in the form of high academic standards based organizations in this country also have this country, where the overwhelming and accountability. If you don’t meet decades of experience operating quality evidence is that police officers and peo- afterschool programs, and Congress is mak- the standards, you cannot participate; ing the 21st Century program better by mak- ple who provide afterschool programs again, if you don’t qualify in the eval- ing sure funding is available for programs are begging us not to jeopardize the uations that are built into the under- operated by these organizations. However, by millions of kids who could be in a pilot lying bill, your privileges of flexibility not requiring the Straight A’s states to program affecting literally millions of are taken away. spend this money on afterschool programs children—we should not exclude this What funding are we talking about? and to make it available to community orga- valuable tool for keeping kids safe and We are not talking about enormous nizations, Congress will effectively and dra- providing some safe harbor for them in Federal block grants which are taken matically limit the overall positive impact the afterschool hours. afterschool programs can have on local com- from education funding. Many are con- munities. With that, I promised my good friend cerned about the approximately $8 bil- from Tennessee, because of other obli- I ask unanimous consent the full text lion title I funds that are aimed at dis- gations he has, to provide him with advantaged children. No, we are talk- of this letter be printed in the RECORD. Thee being no objection, the letter whatever time I have remaining to re- ing about the other programs, non-title was ordered to be printed in the spond to these eloquent, persuasive ar- I funds. I do not want people to mis- guments—maybe he will endorse the RECORD, as follows: understand where these funds will YMCA OF THE USA, amendment at this point—and then I come from. I can’t emphasize this Washington, DC, May 4, 2001. have unanimous consent to reclaim my enough. Hon. CHRIS DODD, time. After a lot of negotiation with the U.S. Senate, Mr. FRIST. I appreciate the Senator White House, with the Democrats, with Washington, DC. from Connecticut outlining the debate the Republicans, we brought everyone DEAR SENATOR DODD: On behalf of the in which we will be engaged for the to the table, and we agreed on certain YMCA of the USA, I would like to thank you next 2 hours. He raised many impor- programs. That is why Straight A’s is for offering your amendment to the reauthorization of the Elementary and Sec- tant points. in the underlying bill. But this amend- ondary Education Act to remove the 21st I do rise in opposition to the Dodd ment is trying to strip it out. We Century Community Learning Centers pro- amendment. Over the next 13 or 14 min- agreed to choose those categorical program from the ‘‘Straight As’’ demonstration utes, I hope to explain to my col- grams which conform to the ideas in provision. Dedicated funding for afterschool leagues why I am opposed to this the underlying bill: Increased flexi- programs and the ability of community- amendment. I will address two issues. bility and strong accountability. The based organizations to compete fairly for No. 1, I will address problems with the pilot program links greater flexibility this funding would be severely restricted substance of the amendment itself and to accountability for higher student without passage of your amendment. A recent survey conducted for the YMCA its impact on the underlying bill. No. 2, achievement. Not all 18 categorical of the USA shows how important afterschool I hope to reveal how this particular programs incorporate these two compo- programs are. Among other findings, the sur- amendment, in stripping out part of nents. However, I believe about 9 do. vey showed that young people who do not the bipartisan education bill, violates Nine categorical programs have been participate in afterschool programs are five the principles behind this bipartisan included, one of which is the 21st Cen- times more likely to be D students, twice as agreement. I mention this right up- tury program. This is an afterschool likely to get into a fight at school and far front because if this amendment were program. It is a program which I be- more likely to skip a day of school than agreed to, it would potentially threat- lieve, as the Senator from Connecticut youth engaged in stimulating, productive activities in the hours after school. According en the entire education bill. does, is a very positive, important pro- to census figures, more than seven million Most important, in response to the gram which is integral to strength- school-age children are left home alone and eloquent words of the Senator from ening the entire underlying education on the streets, unsupervised after school. Connecticut, we should focus on the bill. S6160 CONGRESSIONAL RECORD — SENATE June 13, 2001 The program may be worthwhile. I funding that is available. If a State is rural Tennessee all of the kids are out am not going to argue that it is not, accepted into the program, the Dodd playing football in the afternoon and because the program is a worthwhile amendment takes away about 40 per- don’t need an afterschool program. program. I will argue, however, that cent of that funding, leaving only Under our plan, they can take that there are situations where local dis- about 60 percent of the funding for same amount of money and put it in tricts should be able to use that money flexibility programs. tutoring for those students who are not for afterschool programs, or for more We know, based on the negotiations doing as well academically. Today, tutoring, or for more teachers, or for with States and districts, that if the they don’t have that flexibility. The class size reduction, or for teacher Straight A’s program only provided the money has to go straight into the 21st training, or for school construction. little amount of funding which the century afterschool program whether They ought to have the freedom to Dodd amendment allows for, it they want it to or not. choose how best to use those funds, and wouldn’t be worthwhile for a State or a The Senator from Connecticut said this pilot program gives local and district to participate. the programs would eliminate after- State officials the authority to do this. This amendment takes 40 percent of school programs. We don’t eliminate It captures innovation through in- the funding out of a very important them. We believe that local districts creased accountability with local con- program that we negotiated through should use that money for afterschool trol. Those concepts are terribly im- compromise. We simply cannot strip programs, if they like, or for teachers, portant to the Republicans. more out of it because nobody will take or for technology, or for tutoring, or We started negotiating with all 50 advantage of it. It destroys Straight for textbooks. States to agree to more flexibility if A’s. It destroys what is left in the edu- Are there strings attached? Abso- they guarantee high accountability. cation bill that we feel strongly about, lutely. This is not a block grant pro- But, in the negotiations, it went from and that the President of the United gram where they can take the money 50 States to 40, to 30, to 20, to 10 and States feels strongly about. It is one of and use it however they want. Again, now we are down to 7 States. Indeed, the few things left in the bill that cap- this is not a block grant. we had 9 categorical programs with tures innovation, captures creativity, That is why, again, it came from the title 1 funds. We started with many and focuses on local decisionmaking negotiations. We put the standards more. But after negotiations with the coupled with high standards of ac- pretty high in the underlying bill—but White House, Democrats and Repub- countability. raised them even higher for the licans, we narrowed it down 9 programs There were several questions that the straight A’s program. These are the which made sense to be a part of this Senator from Connecticut brought up. highest standards anywhere in the bill. consolidation as we go forward. I will go through them again. If a district participates, they will op- Clearly, President Bush feels strong- He mentioned the pilot program erate under higher standards, or they ly about flexibility and local control. which requires a review of the State’s will not qualify to continue to partici- It is part of his larger agenda. And so performance. If a State fails to meet pate in the program. much of the underlying bill itself has what is agreed to in terms of the aver- We do not eliminate all categorical moved away from the flexibility that I age yearly program for 2 years, or if grant programs. For example, we didn’t and many others had hoped would be in the State fails to exceed the average touch the reading program. We didn’t this bill. This is the only thing left in yearly process for 3 years, the agree- touch homeless or Indian or emigrants this overall education bill that really ment is terminated right then. or vocational education. Are all cat- captures high accountability, max- He mentioned that the Straight A’s egorical grant programs within bipar- imum flexibility, and local control. program will eliminate all of the cat- tisan negotiations? Yes, it was nar- It is important for our colleagues to egorically targeted programs. It does rowed down 17 to 9. understand that negotiations and com- not eliminate all of them. I think as we I will close. Again, I appreciate the promise brought us to the point where observe which programs local schools Senator from Connecticut allowing me we agreed in a bipartisan way to nar- choose, we will understand which pro- the opportunity to respond to some of row the scope of this program from 50 grams are most effective and more fre- the points he made. I appreciate the to 7 States. We also included fewer cat- quently implemented, but it doesn’t support of my colleagues on this bill. I egorical programs to raise the aca- eliminate all of them. hope to be able to speak a little bit demic standards. It was a bipartisan I started with 50 States. That is later this afternoon. compromise. Therefore, I have to men- where we were. That is what our Re- The PRESIDING OFFICER. The Sen- tion that if this amendment passes, it publican caucus wants. We don’t want ator from Connecticut. will strip away the heart and soul of to impose the program on any State, Mr. DODD. Mr. President, I appre- Straight A’s, which is in the under- but if a State wants more flexibility in ciate the comments made by my friend lying bill. In fact, it jeopardizes the en- exchange for higher standards, they from Tennessee. tire education bill. should be able to choose this path. We I am unclear—I don’t expect this to Let me elaborate on flexibility. whittled it down from 50 to 7 states, be resolved in this amendment—as to Seven States will participate. They can but we just can’t take away anymore how long these actual block grant ap- still have the Safe School Programs, and still have an effective program. I plications will be in existence. It is un- but they will make that decision for hope as many States as possible will clear in the bill. That is why I said it themselves. We allow for diversity at take advantage of this program. could be 7. It could be 14. It could be 21 the local level. One district might take The Senator from Connecticut made States, if the grants are for shorter pe- a lot of steps toward an afterschool a point about losing local control. This riods of time. That is an open-ended program. In another district, they may is an important principle because larg- question. already have an afterschool program er principle behind this program is: But the important point I want to funded in some other way. They may local people can make better decisions. make and the distinction here is that want to use those funds for more teach- They will make better decisions, if the decisions within the State are not ers or improving technology or for they are held accountable to improve made locally. That is a big difference. more computers in classrooms. All of education. They are made by the State education these initiatives can improve edu- That is what this elementary and authority, or the Governor. We had cation, but only the local schools know secondary education bill is all about— that debate the other day as to who which programs will most effectively reauthorization of education for those would dominate in that discussion. improve education. Again, this can children. Local districts get the same But the idea that the local town or only be done when they are given max- amount of funds, but they decide what some community in Delaware or Con- imum flexibility and local control. their priorities are. This includes after- necticut can make the decision about What does the Dodd amendment do? school programs; we are not taking an afterschool program is not the case. It destroys the program. The Dodd that away. They get the exact same I wish it were. That decision, and amendment destroys the pilot program amount of money. But they can decide whether or not you are going to get because it takes away from the overall where to spend the funds. Maybe in any afterschool programs, will be made June 13, 2001 CONGRESSIONAL RECORD — SENATE S6161 by a higher authority. They are the cation dollar comes from the Federal 10-, 11-, and 12-year-olds, where about ones who will make that decision. Government. 60 percent of those kids are home Under the existing program, the town So what we are trying to do in that alone, you have a problem on your or the county can apply, and they can 6 cents is just to make sure that in cer- hands. You do not need a Ph.D. in child receive it or not. But it is a local deci- tain areas the neediest of our children psychology to tell you that. sion. If you have football programs lo- are going to get served, not that we You ask any parent who is working cally and you don’t need it, you don’t have a right to guarantee anyone’s suc- what they worry about at 2 or 3 o’clock apply for it. There are many commu- cess. We do not. There is no obligation in the afternoon. Sometimes in rural nities who need the help, so they apply to say to Americans: You ought to communities—not so much today with directly. Some are not communities, count on your Government guaran- cellular phones, but before the arrival they are community-based organiza- teeing you success. That is out. What of cellular phones, it was sometimes tions, which are expanding tremen- we try to do—all people at all levels in hard to get a call through because par- dously. That is why YMCAs and other our society—is to create equal oppor- ents who were working were calling organizations, even some that involve tunity for people. That is the beauty of their houses at 2:30, 3, 3:30 to see churches and synagogues, are allowed America. That has been such an attrac- whether or not their child was home to apply here, which does not mean the tion to people all over the globe and safely. State has to make that decision. why people every morning get up There isn’t a parent in America who So all I am saying under the Straight around the world and line up around does not worry about where their kids are when school lets out. That is why A’s Program is, just on those after- U.S. Embassies to try to come here, ei- there are almost 3,000 applications for school programs, leave it to the local ther as citizens or as green card hold- afterschool programs. That is why 1,000 communities to decide whether or not ers. police chiefs have begged us to adopt they think afterschool programs are There are a lot of reasons why they this amendment. Because they under- worthwhile. I do not believe that is come, but I think the most important stand it as the most important issue that great a difficulty. one is that this is a place of equal op- when it comes to preventing crime and By the way, on the percentages taken portunity. We are not perfect. We have juvenile problems, and kids who be- out—this has been said over and over not arrived at perfection, but we try come victims. again—I asked the Congressional Re- very hard to see to it that, regardless This isn’t about liberals and conserv- search Service to give me their finan- of where you come from, if you are a atives, Republicans and Democrats. cial interpretation of what my after- citizen of this country, regardless of That is not what this is about. You go school program would mean in the con- ethnicity or background or religion, ahead and ask these people. Ask the text of the Straight A’s Program. If you have an equal opportunity to suc- YMCAs what party they belong to. Ask you exclude title I, yes, my colleague ceed. That is America. There is no those 1,000 police chiefs what party from Tennessee is right, it is 40 per- guarantee of success, but an equal op- they belong to. Ask crime survivors, cent. But I do not think you can pick portunity to succeed. are you a Democrat or Republican? That is what this is all about. That is and choose here. That is not what they said in the let- the beauty of America, more so than Under all of the Straight A’s Pro- ter. They said: We are people who know our wonderful natural landscape or the grams, the afterschool program what we are talking about, and we economic wealth of our country. As im- amounts to 5.7 percent. That leaves think afterschool programs make portant as those things are, I have al- roughly 94 percent of the dollars under sense. Straight A’s that is still there to do all ways believed that the great beauty of Academic achievement is important. the other things for academic perform- America, the great magic of it, is this I have said I would support this pilot ance. notion of equal opportunity. program. I have my concerns about it. So if you are going to define Straight How equal can the opportunity be if I am not the first to admit that. But I A’s as eliminating all non-title I funds, your education isn’t equal? I have told am willing to try it, provided there is of course you get a higher percentage. the story in this Chamber, when my adequate funding. I doubt the funding But that is not what this is. Under great grandmother came to America, may be there, but if the funding is Straight A’s, it the entire pot of at age 14 or 15, with her husband— there, let’s try this over the next 7 money, it is 5.7 percent, not 40 percent Thomas and Catherine Murphy—from years. If your child ends up in one or 50 percent, as has been argued by the west coast of Ireland, she could not these States and is a guinea pig for the some. So I make those two points par- read or write. That was not uncommon next 7 years, that may be another mat- ticularly. for immigrants in the 19th century and ter. But that is not the case. So we will The rest, as my colleague has said early part of the 20th century. The first try the pilot program. very candidly, would like to have all 50 thing she did was she got herself elect- But why would you throw afterschool States under this, with no strings ated to the Voluntown, CT, school board. programs into the guinea pig area tached, to just go out and do what they She understood that education was when we know it works? When every want to do. That is why there is an Ele- going to be the key for the nine chil- community in the country will tell you mentary and Secondary Education Act. dren she was about to have—my grand- they need it? When you have people Why did the Federal Government, 36 father being the ninth—and that was who have dedicated their lives to this, years ago, pass this law? It passed the the way you were going to get ahead. who understand it, why are you going law because there was a growing con- No guarantee of it, but if you had a de- to throw this into that situation where cern that the neediest of children in cent education, you had an opportunity some State authority is going to decide the United States—28 million of them to get ahead. whether some rural county or some who grow up in poverty, and 12 million We are at the beginning of the 21st urban community ought to have some working families in poverty, and oth- century, not at the end of the 19th cen- money for after school? That is what ers—that there was a need to step in tury, and I happen to believe that prin- this bill does. You take away local au- and try to do more to see to it that the ciple my great grandmother intuitively thority when it comes to applying for neediest children would be served. That applied to her own family. It is some- the grant applications. They have no is why there is a Federal Elementary thing we ought to apply to all families. authority to apply for them. It will be and Secondary Education Act, because At least give people a good education a decision made at the State level. there was a concern across the country in this country, a good starting block— The local authority is gone. So that that these neediest kids’ needs were that is what this is really all about— local YMCA, that local Boys Club or not being met. and see to it that kids can be safe. Girls Club out there, they will not have Over the years, we have contributed As you can see from the chart, when the right to apply to the Department of about 6 cents. It has gone up from 4 you have between 7 million and 11 mil- Education to ask for an afterschool cents to 6 cents of an education dollar; lion children home alone—if you take program and assistance. They are that is, 94 cents comes from the State 5-, 6-, and 7-year-olds, and you have 9 going to have to rely on someone in and local property taxpayers, and 4 percent of 5-, 6-, and 7-year-olds alone their State capital to decide whether it cents or 5 cents or 6 cents of the edu- for hours after school, and you have is OK. S6162 CONGRESSIONAL RECORD — SENATE June 13, 2001 I say to the Presiding Officer, as a They have to apply. They have about a ator from Connecticut is so right, we former Governor, you understand as 1 in 10 chance of getting it, even if they are sacrificing this ability to go ahead well as anyone how difficult that can do apply. Of the 3,000 that apply, 300 and make these critical differences, in- be. We all know it. It is hard to work make it. So even if you have a strong spiring local participation of the the different battles that go on, and so desire for one, under present funding United Way, combined activities, doing forth. Sometimes it isn’t just how this levels, you have a very small chance of what we all say we want to do—bring works. For the 3,000 who apply and the getting it. But why eliminate any the whole community into the edu- 300 who get some help—if you want to chance at all or leave it to the whims cation of children. help them, increase the funding for it of what happens at the State level The risk of a block grant is that instead of throwing it into a block where a lot of other issues are going to these priorities will fall by the way- grant where it is a jump ball over be in play? side. A school district that is faced whether or not this program is going to I apologize for getting wound up. Ob- with paying salaries, fixing buildings, be funded. viously, I care about this. I see my col- everything else, will say: I would love We heard my colleague from Ten- leagues from New Jersey and Rhode Is- to do this. This is exactly what we nessee say this is a great program, the land here. I also see my colleague from have to do, but we don’t have the re- 21st Century Community Learning Arkansas who I presume wants to be sources to do it. Centers. Everybody who stands up says heard on this. I will yield some time to I commend the Senator. this is a great program. Then why are my two colleagues if they are inter- Let me suggest two other areas with you throwing it into a roulette wheel ested. respect to the Straight A’s program for the next 7 years to see whether or The PRESIDING OFFICER. The Sen- that I think are very important. First, not communities might get some help? ator from Connecticut has consumed 31 the program is being presented as a If it is such a great program, if the minutes; 29 minutes remain. The oppo- pilot program. The reality is, if you do communities are telling us it is a great sition side has 45 minutes remaining. the mathematics, and if you take seven program—and I will repeat what I said Mr. DODD. I yield 5 minutes to my States, such as California, Texas, New at the outset, there has never been a colleague from Rhode Island, and then York, Florida, Illinois, Ohio, and Penn- grant program that has been sought I will go to my colleague from Arkan- sylvania, and then you take the 25 after as widely in the history of the De- sas. largest school districts outside of those partment of Education as the 21st Cen- The PRESIDING OFFICER. The Sen- states, Straight A’s could potentially tury Community Learning Centers. We ator from Rhode Island. apply to about 51 percent of the stu- are about to take it and dump it into a Mr. REED. Mr. President, I rise to dents in the country. That is a rather Las Vegas environment where you are commend the Senator from Con- significant amount of children subject shooting craps on whether or not you necticut for his amendment and for his to this pilot program. We have to be may end up with a good afterschool passion. He is exactly right. He is fo- very clear that this program could be program, despite the fact every organi- cusing on a very important program, far from a pilot, that within a year or zation you can think of that works in the 21st Century Community Learning so we could see 51 percent of the stu- this area is asking us to do otherwise. Centers. dents of America subject to this block I am not suggesting that Straight A’s I speak not theoretically but from grant program, magnifying all of the eliminates all categorical programs. I experience. About 2 weeks ago I went concerns expressed by Senator DODD of realize that. There was some negotia- to Central Falls, RI, the poorest com- Connecticut and others. tion that went on, and so some made munity in my State, a community so Let’s be very clear, this is a pilot, it, some didn’t. I accept that. That is poor that the school system has been but the pilot is flying a stealth air- politics. That is how it works. Don’t taken over by the State of Rhode Is- craft. We could find ourselves not with try to convince me it was done on the land. I was there because they were an- a pilot program to evaluate, but in the merits. It was done on who could get in nouncing the opening of a support cen- midst of a widespread, significant the room, who couldn’t, what deal was ter that would integrate all the serv- change in public policy in the United going on. Afterschool got left out. That ices necessary today to effectively deal States. is all. with the education of a child. It was lo- I originally filed amendment No. 537 I am here today to say: Look this cated right next to one of the elemen- to try to truly restrict this to a pilot does not directly relate to academic tary schools. It would be open to par- program, but I think, because of many performance. It has some impact. As ents and provide the resources and factors, this is a discussion that will we heard, kids who are in afterschool services necessary, health care serv- probably take place in conference, as programs do better academically. ices, screening services. the House version comes over without Those who are not do worse. A lot of This initiative was sponsored by the the widespread application that is po- other things happen to them. United Way of Rhode Island. The good tentially in this bill. Academic performance is very impor- news, it is spreading from Central Falls One other point about Straight A’s: I tant. I don’t question that at all. But it to other communities in Rhode Island, have been insistent on getting parental is not the most important or the only starting next with Providence, our big- involvement in this legislation. With thing. There are other things that are gest city. At the core of this initiative: the cooperation of Senator GREGG and important as well. A grant for the 21st century learning Senator HUTCHINSON and everyone on A kid’s safety is important. Ask a program from Federal education. This the committee, we have made real parent whether or not they think their grant helped the United Way move for- strides. But unfortunately, some of child is safe after school has any value ward and provided additional momen- those parental involvement protections or any importance. I think we know tum, the thrust to go forward with would not have to be followed in the answer. If you ask them if aca- this. Straight A’s states and districts. I filed demic performance is important, of That is an example of how this pro- amendment No. 399 to ensure that course, they will say it is. But they gram has materially affected the edu- those other parental involvement re- don’t believe you ought to make it a cation of students in Rhode Island. quirements of S. 1 would have to be fol- choice between academic performance Central Falls is the poorest commu- lowed, such as various provisions of and a kid being unsafe. nity, heavily Latino, with new Ameri- section 1118, and other provisions I am suggesting we can do both. You cans coming in. It needs all sorts of throughout S. 1 which require parental can test academic performance services that you don’t typically find involvement, including teacher quality through this pilot program, but you the extra dollars in the budget to deal and safe and drug free schools. I would can also, as part of the Federal Govern- with. And the 21st century grant pro- hate to see the parental involvement ment’s commitment to education, provided the additional necessary re- provisions go by the wayside because of vide some small resources to commu- sources. That is an example of how we a block grant approach. I don’t want to nity-based organizations that desire can make a real difference. get involved in an extended debate over them. It is their decision to apply. I am This 21st century learning program each of the parental involvement pro- not dumping the money out to them. has made that real difference. The Sen- visions right now, and will not offer June 13, 2001 CONGRESSIONAL RECORD — SENATE S6163 this amendment, but will continue to them that kind of flexibility; if we give called it charter States. He saw it as a address these issues as S. 1 moves to them that flexibility, they will misuse national program. He wanted to make Conference. it and they will abuse the poor and it an opportunity for all States. This is Let me return to the issue at hand they will not take care of the most vul- where we are now. We have gone from and conclude. Senator DODD’s amend- nerable in our society. And there was 50 States and 14,000 school districts to ment is well placed, well stated. This is the hue and cry about block granting a demonstration project for 7 States about practical improvement of being the great evil; that only those of and 25 school districts. For those who schools. I have seen this improvement us in Washington knew how to care for would argue that we have not given, in Rhode Island. We will lose it if we go those who were in need. Many cam- not compromised, I say we have com- to a block grant. If you ask yourself paigns were run on the issue of how promised to the point that there is what is wrong with American edu- callous and heartless it was to pass nothing left if this amendment passes. cation, one of the things that has been welfare reform. So we have gone from a national pro- wrong is that the governance of edu- Well, history demonstrated that that gram of 50 States to 7 States and 25 cation for too many years has ignored was one of the greatest things we could school districts. problems that have festered—poor pro- do for the working poor and for the Additionally, there must be geo- fessional development, poor infrastruc- welfare-dependent in this country—the graphic distribution if more than that ture, many things such as that. Who welfare reform that Congress passed number applies. We have gone from no are these people? They are the Gov- and President Clinton ultimately targeting of Federal dollars to main- ernors, the school committees, and the signed into law. As a result, welfare taining the title I targeting to schools Congress. But what we propose to do in rolls nationwide have fallen. Tens of unless an alternative method better targets. We have made that com- a block grant is to reinforce this lack thousands have gone from a life of de- promise from the original program. We of performance, this turning over of pendence to a life of productive work have gone from no limitations on non- the keys and keep doing what you are and have begun to realize and to live title I dollars to providing that non- doing. out the American dream. title I must target as well—additional I suggest there is a middle ground be- As we bring forth a very small dem- targeting. That is a compromise that tween a block grant program and onstration program that has been com- the authors of this legislation have promised and compromised, whittled micromanagement. One example of made in the course of the negotiations. and whittled, until it is but a shadow how that works successfully is the 21st We have agreed to take out reading—a of its former self, we hear the same ar- century learning centers. I hope we can $1 billion program—from the list of eli- guments raised against this small dem- maintain that. gible programs. I yield the floor. onstration program that we heard We also agreed to take out the fol- The PRESIDING OFFICER. The Sen- against welfare reform years ago. I lowing programs in the negotiations, ator’s 5 minutes have expired. So far know there are differences, but there as the Senator from Connecticut well Senator DODD and those speaking in are a lot of similarities; the argument knows. We agreed to remove the mi- favor of the amendment have consumed is basically the same: You can’t trust grant program, the homeless program, 37 minutes; 23 minutes remain. Those that the States are going to do the the immigrant program, and the Indian in opposition have consumed 15 min- right thing. Never mind that they are program. We have agreed to mainte- utes; 45 minutes remain. Who seeks elected by the same people who elected nance of effort language—another com- recognition? us. It doesn’t matter that they are ac- promise made from the original pro- The Senator from Arkansas. countable to the same constituents to posal that the President ran on and Mr. HUTCHINSON. Mr. President, I whom we are accountable. We can’t that so many of us believe in and have yield myself such time as I might con- trust them. Only we can ensure that sought. We have agreed to restrict the sume in opposition to the Dodd amend- these programs are conducted in the amendment process so SEAs or LEAs ment. right way. cannot game the process. We have The PRESIDING OFFICER. Without There have been good faith negotia- agreed to allow an LEA to opt out of objection, the Senator is recognized. tions that went on, bipartisan negotia- the performance agreement upon per- Mr. HUTCHINSON. Mr. President, as tions, about a bill and about a pro- mission from the SEA. We have agreed we hear the debate on removing the gram—the Straight A’s—that at least to require parental involvement to be 21st century program from the there could be a little effort, a little required in the performance agree- Straight A’s demonstration project, I opportunity for States—no State would ment. That is something that Senator am reminded very much of the fierce be compelled to—and for 25 school dis- REID sought as a concession in the debate that occurred in the early and tricts—but no school district would be process of negotiations that were mid-1990s over welfare reform. I was in compelled—to enter into not a block made. We have agreed to requiring pa- the House at the time and there were grant in the purest sense but a program rental participation and that it be re- those of us who believed that the great in which they would be given greater ported. We have agreed to prevent a reforms that were taking place in wel- flexibility than ever before in exchange State from becoming a charter State if fare were occurring at the State level— for a very tight commitment on per- an LEA becomes one until the end of there were a number of Governors formance improvement. the term of the LEA performance around the country who were in the But if a State is going to make that agreement. forefront of reforming, and the Pre- kind of commitment, there has to be We agreed to make the sections of siding Officer was one of those Gov- some incentive. And the more we pull title I apply, and there are six different ernors—and that the best thing we out of the Straight A’s demonstration sections that we agreed to make apply. could do on the Federal level after a program, the less incentive there is. I None of those sections were originally generation of trying to micromanage think most who have looked at what is applied to Straight A’s. We have agreed welfare, and having done a miserable left of Straight A’s would agree that if to include teacher quality and bilin- job at it and, in fact, having seen wel- the Dodd amendment passes, there will gual education goals as part of the per- fare dependence only increase in our be little if any incentive. There will formance agreements—another conces- country, many of us believed, on a bi- not be a Straight A’s. This will destroy sion and compromise made. We have partisan basis, that the best possible it, take out the very heart of it, and agreed to strict private school equi- thing we could do was to give the there will not be one State or one table participation language. We have States broad new flexibility in the re- school district that would see it worth- tightened the approval requirements forms they would enact at the State while to make the kind of commit- for the performance agreements so it level. ments required under Straight A’s for will be subject to peer review and based There was a fierce debate over wheth- the limited flexibility that would re- on quality, not first come/first served er that was a good direction in which main. as was done with the Ed-Flex legisla- to go. The opponents continually Let me just say, as we think about tion. We have tightened the amend- raised the issue that you can’t really where this program has gone, the ment procedure for amendments to per- trust the States and we dare not give President campaigned on this and he formance agreements. We have agreed S6164 CONGRESSIONAL RECORD — SENATE June 13, 2001 that a State or district may not get an Mr. TORRICELLI. Madam President, ther would work until 6 p.m. or 6:30 Ed-Flex waiver for any program it con- I thank the Senator for yielding the p.m., and for 3 and 4 hours sometimes I solidates under the performance agree- time. would sit in my home alone. ment. I believe these have been a very pro- My community was without some of On and on goes the list of concessions ductive few weeks in the Senate. I am the temptations of modern life. I en- that have been made, in trying to pre- very proud of the institution and how, countered few problems, but I remem- serve an important part of this edu- on a bipartisan basis, it has put dif- ber that stage of life. That is why when cation legislation. And now the last ferences aside and found common police chiefs were asked, as Senator remnant is sought to be pulled out as ground in dealing with the educational DODD has demonstrated, what would well. Basically, when we vote on this problems of our country. you do to deal with school violence, the amendment, the question is: Do we In adopting the Dodd amendment on problems of students, 69 percent said want to have a Straight A’s demonstra- title I, for the first time we are guaran- exactly what Senator DODD is doing: tion program or not? To vote for the teeing that poor school districts will Afterschool programs. Dodd amendment is to say we should receive 100 percent of their title I fund- We have done every one of these not have this at all. If that is the posi- ing. What a remarkable statement by other things. Metal detectors in tion, it is honest, but let’s just say that this institution. schools: We did that and should do not just whittle it down until there is Currently, there are districts in our that. One percent of police chiefs said nothing but a few fragments of sawdust country that are receiving a third or a that was the answer. left of what was a concept and an idea quarter of that to which they are enti- Hire more police officers: We did that that had great merit. So we are tled, imposing an enormous burden on for years and we should. That is 13 per- clinging to that which is left, after all local school districts. cent. Try juveniles as adults: Many of our of the concessions that have been We adopted the Harkin amendment States have done that. The Federal made. to meet our Federal commitment to Government is doing that. That is 17 To pull this program will pull so special education by guaranteeing $181 percent. much of the remaining funding re- billion over the next 10 years. In 1975, The Senator from Arkansas said: sources in the Straight A’s demonstra- when IDEA was created, the Federal Why don’t we listen to those of our tion program that there will be vir- Government promised to pay 40 percent constituents at other levels of govern- tually no incentive for school districts of the special education needs. Last ment who have more experience? Ex- or for States to participate. It will be year, it paid 13 percent. actly, I say to the Senator. but a figleaf. It will be that we can say, These are two remarkable positions Look at Senator DODD’s chart. Of the by this institution in which every Sen- well, it is in the bill, but what is there police chiefs involved in this every day, ator should take great pride. isn’t—we really would not even get an 69 percent of them said afterschool pro- Blocking school voucher amend- idea of whether it was a workable con- grams. That is what we are doing, and ments stated our commitment to the cept in the first place if this much is it is the right money in the right place. pulled out. public school system on an What may have been unusual in my I plead with my colleagues. I don’t uncompromised basis. In fact, we will suburban community in New Jersey is question the sincerity of those who are be funding reading programs at the $900 now common to millions of Americans. devoted to this. There are devotees to million level next year and voted to Twenty-eight million school age chil- every program in Straight A’s. I am authorize $3 billion for professional de- dren have parents who work outside certain that there are worthwhile velopment programs. the home. qualities to most of those programs. All of these things, including the Maybe I was the only child in my But if the concept is we consolidate President’s proposal for accountability town, but 15 million American children spending streams, provide flexibility to and testing and those programs Demo- in the afternoon now return to an the States and local school districts, in crats have supported for a long time, empty home, and my colleagues know exchange for a guarantee that they are enhance the quality of performance what that means. Juvenile crime peaks going to increase performance, then we and teaching. between the hours of 3 p.m. and 6 p.m. must set aside those very parochial, With this amendment, Senator DODD All of those police officers looking in programmatic loyalties to say at least takes us into a new area, not simply the middle of the night for kids who in these few States and few school dis- accountability, not only instruction, are committing crimes, causing prob- tricts we will give them the oppor- but the lives of the students them- lems, are looking at the wrong time. tunity to experiment and see if they selves, recognizing that education in- That is not the problem. It is after have a better way. volves all of these aspects of a stu- school: No parents, no teachers, no su- dent’s life, including the quality of I ask my colleagues to defeat the pervision, no options. Senator DODD is Dodd amendment, to preserve what is their lives and what they do after offering the option. left of the Straight A’s Program in this school, recognizing it is all part of pre- Violent crime: The greatest risk to demonstration, and allow those few paring a student for life. our children being hurt themselves is States and those few school districts That is why I support the Dodd not in school. We are putting in metal that will be given an opportunity under amendment. That is why I believe this detectors and police officers. But it is the language in the bill to have a is not a matter of discretion for some after school: No options, no super- people who believe they should do it or chance, given the new flexibility they vision. Senator DODD has the answer. will have, to demonstrate that the re- should not do it. This is a national The PRESIDING OFFICER. The Sen- forms and the leadership they can pro- commitment to recognize that edu- ator has used 5 minutes. vide at the local level will, in fact, re- cation is a part of the entire student Mr. TORRICELLI. Will the Senator ward the children. That is where our day. It may be a Governor’s responsi- yield me an additional 3 minutes? great interest should be, not in pre- bility. It may be a local school board’s Mr. DODD. I yield 3 minutes to the serving a program but in doing what is responsibility. It is also our responsi- Senator from New Jersey. best for the children. bility. This makes sense. Mr. TORRICELLI. Madam President, I thank the Chair and reserve the re- I know something about this subject. a few weeks ago we adopted the Boxer mainder of our time. In the 1950s, it was unusual for a young amendment to authorize $2 billion for The PRESIDING OFFICER (Mrs. woman to work outside the home. In afterschool programs, but under the CARNAHAN). The Senator from Con- the community in which I lived in sub- current bill States can opt out of pro- necticut. urban New Jersey, I believe I may have viding afterschool care for those who Mr. DODD. Madam President, I yield been the only student who came home need it. This is not something on which 5 minutes to the Senator from New after school to an empty home, not people should opt out, not recognize Jersey, Mr. TORRICELLI. simply because my mother chose to the problem. It is not a local problem; The PRESIDING OFFICER. The Sen- work but because she had to work. I re- it is a national problem. ator from New Jersey is recognized for member those hours. School let out at There is not a study I have ever seen 5 minutes. 2:30 p.m. or 3 p.m. My mother and fa- where it is not clear that not only is June 13, 2001 CONGRESSIONAL RECORD — SENATE S6165 this the source of juvenile violence, it productive activities in afterschool bill. We don’t debate this bill again for is the principal time of the day and the hours. 7 years. Obviously, for children who are time in life when young people experi- Every study and survey we have seen starting elementary school, they will ment with narcotics. It is a principal shows this. That is why the chiefs of have completed elementary school by reason and a problem for teenage preg- police, who work with this problem the time we come back and revisit the nancy. every day, want this. If you want to issue. To say in a pilot program we will Many things in America change. know what local people think, obvi- block grant everything made at the Some do not. Young people without su- ously, afterschool is desired. State level, and if a local school dis- pervision and time on their hands are Mr. TORRICELLI. Will the Senator trict wants to apply for funds for after- mischievous, are led to temptations yield? school, they will depend upon a State and wrong influences. This, I say to my Mr. DODD. I yield. educational authority or a Governor to colleagues, is an opportunity to ad- Mr. TORRICELLI. As we debate this say, yes or no, is totally up to the dis- dress the problem, and the evidence issue, we understand the forces in edu- cretion of the State authority. There is could not be more overwhelming. A na- cation that will fight for more money no review process at all. They can tional study of five housing projects for special education. And they should. apply, and for whatever reason, they with afterschool programs and five I understand the constituency that can say no. without shows us the difference. Those wants school construction. I support Afterschool programs are the most without had 50 percent more vandalism that. highly sought after grants in the his- and 30 percent more drug activity than My concern is there is not a constitu- tory of the Department of Education. those with afterschool programs. ency, other than us, representing the This year alone there were almost 3,000 This Senate has met its responsi- interests of law enforcement and our applications. They are going up each bility with IDEA. We have taken a own experience with these children year. We only grant 300. There is only stand on special education. We are put- who are fighting for money to deal 1 chance in 10 of getting your grant ap- ting resources into reading. We have with this violence and afterschool ac- proved. They are so popular because answered the President’s call for activities. Senators, on a well-reasoned local community-based organizations countability and testing. We have re- basis, come to the floor and say, make see the value. sisted abandonment of the public this all discretionary; throw it into a I am saying, keep the Straight A’s schools on school vouchers. Every pot and let the States do what they Program. We will have the pilot pro- Member of the Senate can be proud of want. But, I don’t know who is coming gram for the block grants. It will be this education bill. to Trenton, to my State capital, to there for the 7 States and 25 districts— Senator DODD now writes the last fight for afterschool programs. or maybe more—to try over the next 7 word, and what we did during the I know the people who want con- years. Don’t make afterschool become school day we now provide for after- struction. I know the people who want a jump ball in that regard. school programs. I am proud of his more teachers. I support them. But I What Straight A’s is about is academic performance, trying to get bet- amendment, proud of Senator DODD, don’t know who is going there rep- ter scores in math and reading. I don’t and I urge my colleagues on a bipar- resenting the mothers and the fathers argue that afterschool has some rela- tisan basis to support his amendment. who are not home in the afternoon or I yield the floor. I thank the Senator the police chiefs who are concerned tionship to academic performance, for the time. about drug use or teenage pregnancy. whether or not kids are in trouble or Mr. DODD. Madam President, before They only have us. That is why I am not in trouble. This is primarily a safe- he leaves, let me thank my colleague not for taking away anyone’s discre- ty issue. It is primarily a crime issue, from New Jersey. He always brings a tion. I believe in the judgment of the as the chiefs of police have pointed out new level of eloquence to any debate in State and local governments, but this in overwhelming numbers when they which he is involved. While we all from is an instance where the Congress has look at the difficulties kids get into and the time of day the difficulties time to time bring our own natural ex- to compensate for the fact that we occur. They state with overwhelming periences to these discussions and de- know from experience, we have looked numbers it is between 3 in the after- bate, his discussion of growing up in at the empirical data, and we have noon and 6 or 7 at night. New Jersey in the home where both his heard from the police chiefs, and we Mrs. BOXER. Will the Senator yield? parents worked is certainly a poignant know what is happening with the stu- Mr. DODD. I am happy to yield. My remainder of what happens today with dents on their performance when they colleague is a great champion for after- a lot of children throughout America. don’t have afterschool programs. We school programs and has an amend- There are 28 million children in 12 know what happens with teenage preg- ment adopted, a sense of the Senate, million families struggling to make nancy and drug use. We know the evi- saying we ought to do this. ends meet, and of that number a stag- dence. This is a case where our judg- Mrs. BOXER. In fact, I decided not to gering number of these kids are home ment is required. That is why I think do the sense of the Senate. We did the alone, or if not home, someplace else the amendment is so worthwhile. real thing. This Senate voted with unsupervised. For those reasons, over Mr. DODD. I thank my colleague for about 60 votes to increase the funding 1,000 chiefs of police have written and those comments. for afterschool. We actually did a real beseeched in the strongest language I have heard this repeatedly over this amendment, not just a sense of the one can imagine that this amendment debate in the last hour, that if this Senate, and for the first time in his- be adopted, along with the 2,500 YMCAs amendment is adopted, this destroys tory this Senate actually voted to in- across the country, an organization the straight A’s program. This crease the funding. that has the longest record in history amounts to 5.7 percent, according to The reason I asked my friend to in providing afterschool programs. the Congressional Research Service, of yield, if he would be willing to give me I underscore they did a survey on the funding in the pilot Straight A’s a minute of his time, I will pose a ques- their own and the Senator from New Program, title I, non-title I funds tion. It has been a struggle, as he Jersey pointed it out, but I repeat it under that title I program. Not 40 per- knows, because he has led the fight. because their findings corroborate cent. To say you cannot fund the block When I came here, I joined him in this what the Senator from New Jersey grant program with 94 percent of the fight. We knew it did not take rocket pointed out. Among the findings, the money does not make any sense to me. science to understand that our kids are survey showed that young people who Rather than stripping the program, we getting into trouble after school. We do not participate in afterschool pro- are taking the pilot program and set- now have the exact percentages. That grams are five times more likely to be ting aside afterschool in that pilot pro- is why the police all over the country, D students. So there is an academic re- gram. as was pointed out, support this. We lationship here. They are twice as like- As we said earlier, we are talking know it does help kids with their aca- ly to get into a fight at school and are about a program that includes 7 States demic performance, although that is far more likely to miss school than and 25 districts. It could be more than not the main reason we have after- young people engaged in stimulating, 7 States over the 7 years of this entire school. We know, as has been pointed S6166 CONGRESSIONAL RECORD — SENATE June 13, 2001 out, there is an overwhelming number State education authority or the Gov- am destroying this delicately balanced of applications for these grants. ernor, whichever it is, and they may or coalition here, I merely point out: I do Now, finally, under President Clin- may not accept it. They can reject it not think 1,000 police chiefs, I don’t ton, we have seen this program go from out of hand. When you are competing think 2,500 YMCAs, I do not think Boys $10 million to $600 million; and now for scarce dollars in poor areas, in Clubs and Girls Clubs all across Amer- with the amendment my friend helped many cases, of course, where the work- ica are in the business of destroying me with, it is over $1 billion, and we ing poor live, how well do they do in here. will be able to help millions of kids. that competition? The Presiding Offi- I am looking at my good friend from My question is, On the one hand, how cer knows how difficult those decisions Ohio over here, with whom I drafted can we vote to support real funding for can be. Her late husband was a great Safe and Drug Free Schools. He knows this program and then turn around and Governor of the State of Missouri. How the numbers I put up; 70 percent of the vote to take it away and put it into difficult those decisions may be. police chiefs say this works. As the some nebulous experiment which may Mrs. BOXER. Will my colleague Senator from New Jersey pointed out, turn out to be great—I have my prob- yield? we have done metal detectors, hiring lems with it—or may not? Mr. DODD. I am happy to yield. more police, trying juveniles as adults By the way, JOHN ENSIGN, a Repub- Mrs. BOXER. The Senator raises an in some areas—that is controversial— lican from Nevada, my primary cospon- important point. Now we have a situa- but in these 7 States and 25 districts we sor, told a moving story about how he tion where, instead of being able to are reducing the number by 5.7 percent. used to get in trouble as a kid. He had apply for these funds, these local That is not gutting Straight A’s, that no place to go. He had a single mom. school districts—and I thought my col- is just saying don’t deprive these local We take this stand, make a wonder- leagues on the other side loved local communities for the next 7 years of the ful statement, and put real dollars be- control—now have to go through the opportunity to do something that hind it. Is it not the case we turn States. every community in this country be- around and pull some of that money Am I correct, I ask my friend, this lieves has great value. out; and isn’t that just a contradiction will take a piece off for administra- Madam President, how much time do in how we feel about afterschool? tion? In other words, if they decide to I have remaining? Mr. DODD. I thank my colleague for say to a local district, OK, we will The PRESIDING OFFICER. The Sen- raising the point. It is a very good allow you to use some of this, they are ator has 30 seconds. point she raised. going to take some money off the top. Mr. DODD. I have a lot of time here. Before my friend from California ar- This is inefficient. I reserve those 30 seconds for closing rived, we heard our good friend from I say to some colleagues who may be argument, Madam President. Tennessee talk about how much he listening from their offices—maybe a The PRESIDING OFFICER. Who supports, as most Members do, the 21st few are—if you are a fan of afterschool yields time? Century Learning Centers. Senator programs, if you think they are impor- Mr. GREGG. I yield 10 minutes to the JEFFORDS of Vermont is the principal tant, if you think they are a silver bul- Senator from Ohio. author. I joined him with that several let that we have to keep our kids out of The PRESIDING OFFICER. The Sen- years ago. This is an overwhelmingly trouble, don’t disrupt this program just ator from Ohio. popular program at a local level. Now when it is starting to reach kids. You Mr. DEWINE. Madam President, let grant applications are made at a local have not done it with Head Start. You me talk for a moment, if I may, about level for funds which leverage, by the should not do it with afterschool. a part of the bill that is not very con- way, United Way, funds for nonprofits, Isn’t this a point that should be controversial but I think is very signifi- churches and so forth. Without this sidered that the State will pull some cant. It is that part of the bill that seed money and what we do in the money off the top for administration Senator DODD just mentioned, and that grants, it is difficult to get the other whereas under our normal program the is the drug-free school component of organizations to support it. money goes straight to the local dis- the bill. Now for those 7 States and 25 school tricts? Let me congratulate Senator DODD. I districts, which, by the way, I happen Mr. DODD. That is correct. Again, really enjoyed working with him, with to believe are probably going to com- here it is not a question of sort of his team, to get language in this bill prise a significant percentage of the 50 dumping the money out there. Local- that will really improve the current million kids who go to school each day, ities have to apply for it. You have to Drug Free Schools Program. I believe if you take the 7 most populous States ask for it. If you ask for it, there is we have done that. I salute him for and 25 school districts, I can get you to only a small chance you may actually that very excellent work. I also thank over 50 percent of the student popu- get it. Senator MURRAY and Senator GRASS- lation of the country. I presume every I would like to see us put in more re- LEY for their work on this language as State is going to apply because what sources. As my colleague from Cali- well. Governor—and I am looking at our fornia points out, this program started I think we all understand when we Presiding Officer, who knows more as a $10 million program, but because talk about our drug problem, we have about Governors, I suppose, than either of local mayors and county executives, to have a coordinated, consistent, and my good friend from California or I the YMCAs, the Boys and Girls Clubs, a balanced approach. A balanced ap- do—when States get a chance to get the church-based organizations, the po- proach means drug treatment, drug Federal money with no strings at- lice, they said: Look, this works so education, prevention. It means inter- tached would not take that deal. I pre- well, we went from $10 million to $600 national interdiction of drugs. It also sume every State will apply. million. We are flattening that line means domestic law enforcement. The Secretary of Education wants to out, and for 25 States and 7 districts we Those are the four basic components. get the maximum number of students are dumping it all out on a roulette We have to do them all. We have to under this pilot program. Obviously, wheel. consistently do them all. they will choose one of the largest All I am saying is, in those pilot The drug-free schools provision in States and largest school districts, areas, carve this one out and let the lo- this bill and the money it represents is which means for the next 7 years we calities apply directly. It reduces the really virtually the only thing the Fed- will take a significant percentage of amount of money in the pilot program eral Government does in the area of kids into a pilot program, a demonstra- by 5.7 percent. That is all. education. tion program, and we will say that Those are not my numbers, those are This bill authorizes $925 million afterschool is part of that. We are not numbers determined by the Congres- which will go down to the local school going to provide a separate pot of re- sional Research Service, a nonpartisan districts across this country. The cur- sources for which localities can apply. organization that makes those calcula- rent Drug Free Schools Program is in We are going to say, no, now as a lo- tions. virtually every school district in the cality if you are within those 7 States So on the notion somehow that I am country. Interestingly and sadly, in or 25 districts, you have to go up to the destroying the Straight A’s Program, I many school districts it is the only June 13, 2001 CONGRESSIONAL RECORD — SENATE S6167 money that is being spent on drug edu- bill says we have to have that coordi- young people realize their true poten- cation. So it is important to do what nation. tial as long as drugs and violence are in we have done in this bill, and that is Drug abuse and violence against their schools. It’s that simple. continue the program. But it is also young people is a community problem, I thank the Chair and yield the floor. important to improve the program. a national problem. It requires a com- Mr. DODD. Mr. President, will my I had the opportunity, when I was in munity-based solution. That is why we colleague yield? the House of Representatives over a need the entire community to be in- Mr. DEWINE. Yes. decade ago, to serve on the National volved in the creation and in the execu- Mr. DODD. Mr. President, I commend Commission on Drug Free Schools. We tion of programs to fight youth drug my colleague from Ohio. He no longer issued a report in 1990. We talked about abuse and violence. serves on the Health, Education, Labor how this program needed to be im- Our language would allow afterschool and Pensions Committee. But he did proved. Some improvements have been programs to apply for Safe and Drug serve on it. I have enjoyed my work in made in the last decade, but unfortu- Free School grants as long as they the Senate over the years, but never as nately not all the recommendations meet the same standards as any other much as I have enjoyed working with have been followed. applicant. If afterschool programs use the Senator from Ohio on a number of What we do with the language in this research-based drug and violence pre- different issues, and this one in par- bill is take that decade-old report and, vention programs, and if they prove ticular which he just addressed, and frankly, bring it to life, use some of the they reduce drug and violence in that is the problem of substance abuse recommendations, and improve the schools, then they will have fair access and children. current law. One thing we determined to Safe and Drug Free School funding. We managed to put together a pretty at that time was if antidrug efforts in I really cannot talk about the Safe good bill a few years ago on safe and our schools are to be effective at all, and Drug Free Schools Programs with- drug free schools, largely because of they must be coordinated, they must out mentioning one of the most tough the efforts of the Senator from Ohio. I be consistent, and they must be com- and effective fighters against youth commend him publicly for his present munity oriented. We recommended a drug abuse and school violence, and work and over the years. He brings a number of things including the fol- that is the first lady of my home State lot of personal experience as well. He lowing four items: of Ohio, Hope Taft. Hope Taft has dedi- has a pretty good size clan in his own No. 1, every school district should de- cated years of her life to help make our right. I think it is almost a baseball velop and conduct drug eradication and schools safer and drug free, and she was team. prevention programs for all students instrumental in the development of Mr. DEWINE. We are one short of a from kindergarten through grade 12, this language that is in front of us baseball team. every single year. today, language we have written into Mr. DODD. He brings a great deal of No. 2, parent and community groups the education bill. She is really the passion and understanding. So much of should take a more active role in de- voice for community-based organiza- what he is talking about bears directly veloping and selecting drug prevention tions. I commend her for the great con- on the subject matter to which he has programs. tribution she made to this bill. dedicated a good part of his service. I No. 3, the Department of Education Through her efforts, she has raised thank him for it and look forward to should ensure that schools conduct awareness of the dangers of youth drug working with him in the future. periodic evaluations of all drug edu- abuse and violence in our schools. Mr. DEWINE. I thank my colleague. cation and prevention programs. Let me also applaud President Bush Again, I compliment him for the great No. 4, Federal and State governments for his support of this program. During deal of work he did. It was a great should fund only those education and the campaign, President Bush promised pleasure to work with him and his prevention program efforts that are to increase funding for the Safe and staff. I think the language in the bill likely to be effective. There should be Drug Free Schools Program by over improves the current law and is a sig- scientific data behind the decision to $100 million over 5 years. I commend nificant improvement. I think it is use a particular program. him for that commitment. It is truly going to make a difference. I appre- The Safe and Drug Free Schools Pro- the kind of commitment we need to ciate his great work. gram that is contained in this bill in- continue to improve this very vital Mr. DODD. Madam President, my corporates these recommendations. program. time has about expired. I wonder if my This program helps prevent our chil- The Safe and Drug Free Schools pro- friend from New Hampshire will offer dren from ever becoming involved with gram is a critical part of restoring ef- to yield me time, and I ask unanimous drugs and supports efforts to create vi- fectiveness and balance in our national consent that just prior to the vote, olence-free learning environments. drug policy. And ultimately, if we which I think is going to occur around The language we have written into don’t restore effectiveness, more and 2 o’clock, that I be given a couple of the education bill that is before us more children will use drugs, leading to minutes to make a final summation of today further improves this program. greater levels of violence, criminal ac- my argument. It gives States greater flexibility to tivity, and delinquency. Unless we take Mr. GREGG. Two minutes on both target assistance to schools in need, action—unless we take the necessary sides. and it increases accountability meas- steps to reverse these disturbing Mr. DODD. Madam President, I with- ures to ensure that this assistance ac- trends—we will be sacrificing today’s hold that for a minute. tually goes towards programs that youth and our country’s future. The PRESIDING OFFICER. The Sen- really work. Quite frankly, children simply can- ator from New Hampshire. Furthermore, the language we have not learn when they are under the in- Mr. GREGG. Madam President, I written in the bill would improve co- fluence of drugs or alcohol. Children have listened with interest and have ordination of Safe and Drug Free cannot learn when they more worried been impressed by the enthusiasm, en- Schools Programs with other commu- about their safety than their home- ergy, and commitment of the Senator nity-based antidrug programs by re- work. Children cannot learn when they from Connecticut to the 21st century quiring schools to work directly with are scared. That’s why we must ensure program, which is something I strongly parents, with local law enforcement that children and the adults who work support myself. In fact, during my agencies, with local government agen- in our schools are safe—that they are prior life when I was chairman of the cies, with faith-based organizations, free from drugs and violence. Appropriations Committee on Com- and other community groups in the de- As we continue to debate education merce, State, Justice and working with velopment and implementation of anti- reforms in this nation, we need to re- Senator HOLLINGS, we essentially fund- drug and violence strategies. That member that improvements to our ed what amounted to the afterschool community coordination is absolutely school buildings, increased professional program initiatives in different areas, essential. It has, tragically and unfor- development efforts for our teachers especially in the Boys and Girls Clubs tunately, in the past, sometimes been and administrators, and changes in and programs with Big Brothers and missing from local communities. This education policies will not help our Big Sisters. S6168 CONGRESSIONAL RECORD — SENATE June 13, 2001 I was able to put into this bill lan- The question as to how the day is It is a very creative approach. It real- guage which I am very excited about structured would be left at the local ly is part of the essence of the under- because I think it will significantly im- community level, or the State level, lying agreement and bill which we ne- prove the 21st century program, which and wouldn’t be directed from within gotiated and which was the result of allows community-based organizations the Federal Government. the impetus that came from the Presi- to participate in the program for the This is the difference. It is not a dent. The President’s concept on edu- first time, instead of having programs question of whether there will be an cation is really pretty simple. It is that which are totally managed by the local afterschool program. It is a question of we should focus on the child, and that educational organization. The schools who will make the decision as to how we should expect the child to obtain basically weren’t working all that well, funds are allocated within the formula academic achievement, and that we quite honestly, in many areas because grant program for designing the after- should do that by giving flexibility to basically at the end of the schoolday, school program and the schoolday pro- the local school districts; in exchange teachers were tired, and developing gram. for the flexibility, we are going to have programs that kept teachers around To step back, I think it is important strict accountability to see that the to understand the basic concept of the school building after the schoolday children have attained academic Straight A’s. The concept of Straight was hard to do, and understandably so. achievement. Now we are going to infuse the after- A’s is that we give the local school dis- So the concept is to create an initia- school programs with community- tricts and the States, or those who tive and demonstration programs wish to apply anyway, the oppor- based organizations. Some of them can which will, at least with these 16 cat- tunity—it is only a limited number—to be faith-based organizations, which is egorical programs, put them in a bas- set up a program where they actually very exciting. You will get, I am sure, ket and give those dollars to the States commit that the low-income child will Boys and Girls Clubs, and again Big with great flexibility, or give those do better—this is the important Brothers and Big Sisters, that will ac- dollars to the communities with great point—than the other children in the tually physically be on site for the flexibility, but in exchange expect aca- school district in academic achieve- afterschool programs. demic achievement subject to strict ac- There is a major educational compo- ment, and, therefore, getting prepared for life and being competitive in our countability, focused on the child. nent in that amendment which was This program, this Straight A’s Pro- society and having a chance to partici- adopted in committee. I think you will gram, meets all the conditions and all also get groups such as the CYO that pate in the American dream. In exchange for making that commit- the ideas that have been put forward might be involved in things like this, by the President as one of the key pur- or other faith-based groups that basi- ment to the kids who are from low-in- poses of his educational initiatives. cally won’t be in the school teaching come families to actually exceed the That is why there is such an intense religious values—that would be inap- average yearly progress in the commu- discussion about it today. propriate—but will be in the school nity generally for students, we will allow the local school districts and the If you listen to the Senator from teaching life-needed skills or orga- Connecticut, you obviously have to be nizing sports programs perhaps in the States to design the program free of stress on the input side. drawn to his ability to present his case school period. well, but the point is, if we go back to After-the-schoolday is something I The 21st century program, along with the approach offered by the Senator have worked very hard on as a Member the other 16 formula programs that are from Connecticut, then we will have of the Senate on the committee and ad- put into this proposal for the develop- mire and appreciate the commitment ment of Straight A’s, are all strong, fundamentally undermined what is one of the Senator from Connecticut to the oriented programs. It has significant of the primary thrusts of the Presi- after-the-schoolday programs. We all restrictions. They are very categorical dent’s initiatives in trying to break understand that the period from 3 to 6 and very directive. They are very top- out of this mold into which we have is a period where youth are at risk, un- down command and control programs. put education for the last 25 years, fortunately, in many of our commu- They all have specific purposes, but the where for generation after generation nities. And for them to have some fundamental goal of all of them is to we have seen low-income kids being place constructive to go is very impor- get a child up to speed academically left behind, which isn’t acceptable. tant. and at a level where they are actually So the President has come up with This amendment doesn’t really ad- going to be constructive and produc- this idea. Actually, it is an idea that dress that issue because, in my humble tive citizens in our society. was developed by the Senator from opinion, this amendment goes to the We have said, with the Straight A’s Washington, Mr. Gorton, a couple of question of management. Who makes experiment—in a few States; in a very years ago. The President adopted it. He the decision as to how the after-the- few States, potentially 7 States and 25 has taken this idea and put it into his schoolday is controlled, whether it is school districts—let’s try an experi- package. That is why it is so critical going to be a categorical program comment. Let’s say to the local commu- that this amendment be defeated. Be- ing from the Federal Government that nities, rather than having the top-down cause if it is adopted, it basically takes says you must have an afterschool pro- command and control, the traditional the heart out of the Straight A’s Pro- gram or the alternative, which I think Federal control of strings-attached dol- gram and as a result undermines one of makes much more sense—whether a lars, we will take all those dollars, put the key thrusts of the President’s ini- State or a community decides to take them in a basket and give them to the tiatives to try to bring low-income all the educational formula funding local communities, but the condition kids not only up to speed but, in this programs, merge them together, and of you taking those dollars is that you case, actually putting them ahead of set them up as a program, the purpose are going to have to commit to prove their peers in education. of which is to make sure the children that the children those dollars are di- I see the Senator from Nevada is try- participating in those programs actu- rected towards are going to do better ing to get my attention. Obviously, he ally exceed the academic success of the than the other children in the commu- wishes to make a point. I yield to the children who are not in those pro- nity. Senator. grams. So it is not as if the States and the The PRESIDING OFFICER (Mr. As a result, we get a better return for local school districts are getting some CHAFEE). The Senator from Nevada. the dollars spent in these various huge influx of dollars with no restric- Mr. REID. I appreciate the Senator areas. We get better students who are tions or no responsibilities. The re- from New Hampshire yielding for a better prepared for life. We get stu- sponsibility is even greater, but it is at brief unanimous consent request. dents who are coming through the the end of the system versus at the be- AMENDMENT NO. 518, AS FURTHER MODIFIED school year with a better academic ginning. Instead of saying how they Mr. REID. Mr. President, I ask unan- achievement level. will do it, we expect results; and then imous consent that amendment No. That should be, of course, our goal in we are going to test them to make sure 518, as modified, and previously agreed this bill. It is the goal of the Straight those results are actually being to, be further modified with the lan- A’s Program. achieved. guage at the desk. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6169 The PRESIDING OFFICER. Without ment is laid aside. The clerk will re- ‘‘(D) Discourage illegal use of drugs and al- objection, it is so ordered. The amend- port. cohol, violence, use of dangerous weapons, ment is so modified. The legislative clerk read as follows: promiscuous behavior, and other criminal, harmful, or potentially harmful activity by The modification is as follows: The Senator from Nebraska [Mr. NELSON] children with greatest need. ‘‘SEC. 5126J. AUTHORIZATION OF APPROPRIA- proposes an amendment numbered 533, as ‘‘(E) Encourage children with greatest need TIONS. modified. to participate in community service and ‘‘There are authorized to be appropriated The amendment is as follows: to carry out this chapter $200,000,000 for fis- community activities. cal year 2002 and each subsequent fiscal (Purpose: To provide for mentoring programs ‘‘(F) Encourage children with greatest need year.’’. for students) to set goals for themselves or to plan for their futures, including encouraging such Mr. REID. Mr. President, I ask unan- On page 586, between lines 18 and 19, insert the following: children to make graduation from secondary imous consent that the consent with SEC. 405. MENTORING PROGRAMS. school a goal and to make plans for postsec- respect to the Dodd amendment be ondary education or training. (a) IN GENERAL.—Title IV of Elementary modified to provide that the vote in re- and Secondary Education Act of 1965 is fur- ‘‘(G) Discourage involvement of children lation to the Dodd amendment occur ther amended by adding at the end the fol- with greatest need in gangs. upon disposition of the Cantwell lowing: ‘‘(b) ELIGIBLE ENTITIES.—Each of the following is an entity eligible to receive a grant amendment No. 630, provided that the ‘‘PART E—MENTORING PROGRAMS previous consent with respect to the under subsection (a): ‘‘SEC. 4501. DEFINITIONS. ‘‘(1) A local educational agency. Nelson amendment No. 533, and other ‘‘In this part: ‘‘(2) A nonprofit, community-based organi- amendments within that consent ‘‘(1) CHILD WITH GREATEST NEED.—The term zation. agreement, reflect this change. ‘child with greatest need’ means a child at ‘‘(3) A partnership between an agency re- The PRESIDING OFFICER. Is there risk of educational failure, dropping out of ferred to in paragraph (1) and an organiza- objection? school, or involvement in criminal or delin- tion referred to in paragraph (2). The Chair hears none, and it is so or- quent activities, or that has lack of strong ‘‘(c) USE OF FUNDS.— dered. positive adult role models. ‘‘(1) IN GENERAL.—Each entity receiving a Mr. REID. Mr. President, to clarify ‘‘(2) MENTOR.—The term ‘mentor’ means an grant under this section shall use the grant individual who works with a child to provide funds for activities that establish or imple- for Members exactly where we are now, a positive role model for the child, to estab- the Senate will debate the other ment a mentoring program, including— lish a supportive relationship with the child, ‘‘(A) hiring of mentoring coordinators and amendments in a previous order, and and to provide the child with academic as- support staff; the Senate will vote in relation to the sistance and exposure to new experiences and ‘‘(B) providing for the professional develop- Dodd amendment at about 2:15. examples of opportunity that enhance the ment of mentoring coordinators and support Mr. President, I further ask unani- ability of the child to become a responsible staff; mous consent that, prior to the vote on adult. ‘‘(C) recruitment, screening, and training the Dodd amendment, the Senator ‘‘(3) STATE.—The term ‘State’ means each of adult mentors; from New Hampshire be recognized for of the several States, the District of Colum- ‘‘(D) reimbursement of schools, if appro- bia, the Commonwealth of Puerto Rico, the 2 minutes and the Senator from Con- priate, for the use of school materials or sup- Virgin Islands, Guam, American Samoa, and plies in carrying out the program; necticut be recognized for 2 minutes in the Commonwealth of the Northern Mariana ‘‘(E) dissemination of outreach materials; the appropriate order. Senator DODD Islands. ‘‘(F) evaluation of the program using sci- would go last. That vote would occur ‘‘SEC. 4502. PURPOSES. entifically based methods; and at about 2:15 p.m. ‘‘The purposes of this part are to make as- ‘‘(G) such other activities as the Secretary The PRESIDING OFFICER. Is there sistance available to promote mentoring pro- may reasonably prescribe by rule. objection? grams for children with greatest need— ‘‘(2) PROHIBITED USES.—Notwithstanding The Chair hears none, and it is so or- ‘‘(1) to assist such children in receiving paragraph (1), an entity receiving a grant dered. support and guidance from a caring adult; under this section may not use the grant Mr. REID. Mr. President, the other ‘‘(2) to improve the academic performance funds— of such children; amendments in this order are going to ‘‘(A) to directly compensate mentors; ‘‘(3) to improve interpersonal relationships ‘‘(B) to obtain educational or other mate- be disposed of by voice vote by virtue between such children and their peers, teach- rials or equipment that would otherwise be of a previous agreement we have. I ap- ers, other adults, and family members; used in the ordinary course of the entity’s preciate very much my friend from ‘‘(4) to reduce the dropout rate of such operations; New Hampshire yielding. I know it was children; and ‘‘(C) to support litigation of any kind; or awkward, but I appreciate it very ‘‘(5) to reduce juvenile delinquency and in- ‘‘(D) for any other purpose reasonably pro- much. volvement in gangs by such children. hibited by the Secretary by rule. Mr. GREGG. Mr. President, I suggest ‘‘SEC. 4503. GRANT PROGRAM. ‘‘(d) TERM OF GRANT.—Each grant made the absence of a quorum. ‘‘(a) IN GENERAL.—In accordance with this under this section shall be available for ex- The PRESIDING OFFICER. The section, the Secretary may make grants to penditure for a period of 3 years. clerk will call the roll. eligible entities to assist such entities in es- ‘‘(e) APPLICATION.—Each eligible entity tablishing and supporting mentoring pro- seeking a grant under this section shall sub- The legislative clerk proceeded to grams and activities that— mit to the Secretary an application that in- call the roll. ‘‘(1) are designed to link children with cludes— Mr. NELSON of Nebraska. Mr. Presi- greatest need (particularly such children liv- ‘‘(1) a description of the mentoring plan dent, I ask unanimous consent that the ing in rural areas, high crime areas, or trou- the applicant proposes to carry out with order for the quorum call be rescinded. bled home environments, or such children such grant; The PRESIDING OFFICER. Without experiencing educational failure) with re- ‘‘(2) information on the children expected objection, it is so ordered. sponsible adults, who— to be served by the mentoring program for ‘‘(A) have received training and support in which such grant is sought; AMENDMENT NO. 533, AS MODIFIED, TO mentoring; ‘‘(3) a description of the mechanism that AMENDMENT NO. 358 ‘‘(B) have been screened using appropriate applicant will use to match children with Mr. NELSON of Nebraska. Mr. Presi- reference checks, child and domestic abuse mentors based on the needs of the children; dent, I ask unanimous consent that record checks, and criminal background ‘‘(4) an assurance that no mentor will be amendment No. 533 be modified with checks; and assigned to mentor so many children that the changes that are at the desk. ‘‘(C) are interested in working with youth; the assignment would undermine either the The PRESIDING OFFICER. Does the and mentor’s ability to be an effective mentor or Senator from New Hampshire yield ‘‘(2) are intended to achieve 1 or more of the mentor’s ability to establish a close rela- back all time on the Dodd amendment? the following goals: tionship (a one-on-one relationship, where Mr. GREGG. Mr. President, we re- ‘‘(A) Provide general guidance to children practicable) with each mentored child; serve our time. I ask unanimous con- with greatest need. ‘‘(5) an assurance that mentoring programs ‘‘(B) Promote personal and social responsi- will provide children with a variety of expe- sent that our time be reserved and it be bility among children with greatest need. riences and support, including— set aside until after the Nelson amend- ‘‘(C) Increase participation by children ‘‘(A) emotional support; ment has been completed. with greatest need in, and enhance their ‘‘(B) academic assistance; and The PRESIDING OFFICER. Without ability to benefit from, elementary and sec- ‘‘(C) exposure to experiences that children objection, it is so ordered. The amend- ondary education. might not otherwise encounter on their own; S6170 CONGRESSIONAL RECORD — SENATE June 13, 2001 ‘‘(6) an assurance that mentoring programs model guidelines for the screening of men- for the Mentoring for Success Act, the will be monitored to ensure that each child tors who seek to participate in programs to amendment that is before the Senate assigned a mentor benefits from that assign- be assisted under this part. today. ment and that there will be a provision for ‘‘(2) BACKGROUND CHECKS.—The guidelines This amendment concerns the wel- the assignment of a new mentor if the rela- developed under this subsection shall in- tionship between the original mentor is not clude, at a minimum, a requirement that po- fare of our Nation’s most precious beneficial to the child; tential mentors be subject to reference asset, our children. Children comprise ‘‘(7) information on the method by which checks, child and domestic abuse record only 20 percent of our population, but mentors and children will be recruited to the checks, and criminal background checks. they are 100 percent of our future. I am mentor program; ‘‘SEC. 4504. STUDY BY GENERAL ACCOUNTING OF- hopeful my colleagues will carefully ‘‘(8) information on the method by which FICE. consider their significance. This prospective mentors will be screened; ‘‘(a) IN GENERAL.—The Comptroller Gen- amendment gives us the opportunity to ‘‘(9) information on the training that will eral of the United States shall conduct a be provided to mentors; and study to identify successful school-based support our children and the future of ‘‘(10) information on the system that the mentoring programs, and the elements, poli- our country at the same time. applicant will use to manage and monitor in- cies, or procedures of such programs that can The environment in which many of formation relating to the program’s ref- be replicated. our children are raised looks nothing erence checks, child and domestic abuse ‘‘(b) REPORT.—Not later than 3 years after like the one in which I and many of my record checks, and criminal background the date of the enactment of this part, the colleagues grew up. Close to 50 percent checks and to its procedure for matching Comptroller General shall submit a report to the Secretary and Congress containing the of our children are raised in single-par- children with mentors. ent households. In most cases, single ‘‘(f) SELECTION.— results of the study conducted under this ‘‘(1) COMPETITIVE BASIS.—In accordance section. parents work long hours. Their energy with this subsection, the Secretary shall se- ‘‘(c) USE OF INFORMATION.—The Secretary and resources are stretched thin. While lect grant recipients from among qualified shall use information contained in the report there are many successful single par- applicants on a competitive basis. referred to in subsection (b)— ents, there are some cases where a sin- ‘‘(2) PRIORITY.—In selecting grant recipi- ‘‘(1) to improve the quality of existing mentoring programs assisted under this part gle parent simply cannot and does not, ents under paragraph (1), the Secretary shall for a variety of reasons, adequately give priority to each applicant that— and other mentoring programs assisted ‘‘(A) serves children with greatest need liv- under this Act; and serve as the role model a child might ing in rural areas, high crime areas, or trou- ‘‘(2) to develop models for new programs to need. As a consequence, many of these bled home environments, or who attend be assisted or carried out under this Act. children replace that void with drugs, schools with violence problems; ‘‘SEC. 4505. AUTHORIZATION OF APPROPRIA- alcohol, and violence. Other children ‘‘(B) provides background screening of TIONS. who may not come from single families ‘‘There are authorized to be appropriated mentors, training of mentors, and technical are faced with a home life that may be assistance in carrying out mentoring pro- to carry out section 4503 $50,000,000 for fiscal year 2002 and such sums as may be necessary particularly difficult because of an grams; abusive parent or maybe a parent inca- ‘‘(C) proposes a mentoring program under for each of fiscal years 2003 through 2006.’’. (b) GRANT FOR TRAINING AND TECHNICAL which each mentor will be assigned to not pacitated due to illness. This amend- SUPPORT.— more children than the mentor can serve ef- ment is for these children. (1) IN GENERAL.—The Secretary of Edu- fectively; or Of course, it can’t fix family prob- cation shall make a grant, in such amount as ‘‘(D) proposes a school-based mentoring lems or bring broken families back to- the Secretary considers appropriate, to Big program. Brothers Big Sisters of America for the pur- gether, but it can help change these ‘‘(3) OTHER CONSIDERATIONS.—In selecting pose of providing training and technical sup- children’s lives and brighten their fu- grant recipients under paragraph (1), the port to grant recipients under part E of title ture. Secretary shall also consider— IV of the Elementary and Secondary Edu- I am proud to say that this amend- ‘‘(A) the degree to which the location of cation Act of 1965, as added by subsection (a), the programs proposed by each applicant ment is inspired by the success of a through the existing system regional men- contributes to a fair distribution of pro- mentoring program in my State which toring development centers specified in para- grams with respect to urban and rural loca- was originally started by Congressman graph (2). tions; TOM OSBORNE, the sponsor of com- (2) REGIONAL MENTORING DEVELOPMENT CEN- ‘‘(B) the quality of the mentoring pro- panion legislation adopted by the TERS.—The regional mentoring development grams proposed by each applicant, includ- centers referred to in this paragraph are re- House. ing— gional mentoring development centers lo- As many know, before my friend and ‘‘(i) the resources, if any, the applicant will cated as follows: fellow Nebraskan TOM OSBORNE became dedicate to providing children with opportu- (A) In Phoenix, Arizona. a Congressman this last year, he was nities for job training or postsecondary edu- (B) In Atlanta, Georgia. cation; coach of the beloved University of Ne- (C) In Boston, Massachusetts. ‘‘(ii) the degree to which parents, teachers, braska Huskers football team. This (D) In St. Louis, Missouri. community-based organizations, and the man knows a thing or two about win- (E) In Columbus, Ohio. local community have participated, or will ning strategies and how to implement (F) In Philadelphia, Pennsylvania. participate, in the design and implementa- (G) In Dallas, Texas. them, not just on the field but in the tion of the applicant’s mentoring program; (H) In Seattle, Washington. community as well. ‘‘(iii) the degree to which the applicant can (3) PURPOSE.—The purpose of the training In 1991, he and his wife Nancy began ensure that mentors will develop long- and technical support provided through the the Team Mates Program in Lincoln, standing relationships with the children grant under this subsection is to enable they mentor; NE, which paired members of the Uni- grant recipients to design, develop, and im- ‘‘(iv) the degree to which the applicant will versity of Nebraska football team with plement quality mentoring programs with serve children with greatest need in the 4th, middle school students. He had such the capacity to be sustained beyond the term 5th, 6th, 7th, and 8th grades; and great success with the program that he of the grant. ‘‘(v) the degree to which the program will expanded it across the State of Ne- (4) SERVICES.—The training and technical continue to serve children from the 4th grade support provided through the grant under braska in 1998. I was proud to assist through graduation from secondary school; this subsection shall include— him in that effort as Governor at that and (A) professional training for staff; time, and I joined the Team Mates ‘‘(C) the capability of each applicant to ef- (B) program development and manage- fectively implement its mentoring program. board of directors so I could continue ment; ‘‘(4) GRANT TO EACH STATE.—Notwith- my involvement with such an effective (C) strategic fund development; standing any other provision of this sub- and important mission. (D) mentor development; and section, in selecting grant recipients under Now Congressman OSBORNE has (E) marketing and communications. paragraph (1), the Secretary shall select not taken his experience and turned it into (5) FUNDING.—Amounts the grant under less than 1 grant recipient from each State this subsection shall be derived from the worthwhile legislation. This amend- for which there is a qualified applicant. amount authorized to be appropriated by ment would authorize $50 million for a ‘‘(g) MODEL SCREENING GUIDELINES.— section 4505 of the Elementary and Sec- new competitive grant program to ‘‘(1) IN GENERAL.—Based on model screening guidelines developed by the Office of Ju- ondary Education Act of 1965, as added by award local school districts, commu- venile Programs of the Department of Jus- subsection (a), for fiscal year 2002. nity-based organizations, or a partner- tice, the Secretary shall develop and dis- Mr. NELSON of Nebraska. Mr. Presi- ship between the two to find mentoring tribute to program participants specific dent, I rise to ask the Senate’s support initiatives. Each State would receive June 13, 2001 CONGRESSIONAL RECORD — SENATE S6171 at least one grant under this program. help resolve some of the tensions that ing experience by the interaction with I am pleased to be here today and to exist in many of the schools and pro- a quality teacher? Those teachers, in continue my support for mentoring vide a safer environment. There are a my case, were in schools that were in programs. lot of different ways of trying to do it. good repair and in an environment that Mentoring programs funded by This is a very positive and constructive was conducive to learning. So during grants made available through this leg- way. debate on this bill many of us have islation would pair children with role We welcome the amendment and urge pushed for those same goals—reducing models who could provide stable emo- the passage of it at this time. class size by putting more teachers in tional support, academic assistance, The PRESIDING OFFICER. Is all our classrooms, funding to help build and exposure to positive experiences time yielded back? and repair our schools, accountability that they may not otherwise receive. Mr. KENNEDY. Yes. to monitor the progress of each of our The mentors are not parental re- The PRESIDING OFFICER. Under schools, and accountability to monitor placements. Rather, they are helping the previous order, the amendment is the progress of every child in those hands who offer a glimmer of hope to agreed to and the motion to reconsider schools. kids who are forced, through no fault is laid upon the table. Those principles have been incor- of their own, to contend with tough sit- The amendment (No. 533), as modi- porated in the many amendments that uations and bleak prospects. fied, was agreed to. have now strengthened this bill, such Priority would be given to programs The Senator from Florida is recog- as increased funding to put a highly that serve children with the greatest nized. qualified teacher in every classroom need in rural areas, high crime areas, Mr. NELSON of Florida. Mr. Presi- and to support teacher recruitment; or troubled home or school environ- dent, I thank the Senator from Massa- full funding for special education; full ments, and only programs that require chusetts and the bipartisan leadership funding for title I for disadvantaged thorough background screening of par- that has brought this education bill to students; modernization of school li- ticipating adults would be eligible to us in a most timely manner, at a most braries; and also targeting of funds to receive funding. important time in the history of public low-income children. Another example Mentoring for Success is intended to education in this country. of an amendment that we have is an in- provide guidance to children in need, to The PRESIDING OFFICER. If the centive for schools to adopt high-qual- promote personal and social responsi- Senator will suspend, under the pre- ity assessments to chart student bility, to improve academic achieve- vious order, the Senator from Massa- progress. ment, to discourage use of illegal chusetts, Mr. KERRY, was to be recog- Today, in this country, some 90 per- drugs, alcohol, violence, gang involve- nized. cent of our children attend public ment, or other harmful behavior, and Mr. KENNEDY. Mr. President, the schools. To continue that strong and to encourage children to set goals for Senator from Florida has spoken to me important legacy of our public schools, themselves, including postsecondary for 2 days about being able to address and now to strengthen them for the training or education. the Senate on the importance of edu- many challenges ahead, we must en- Young people today are confronted cation. I mentioned that during the sure that our public schools are safe on a daily basis with situations that lunch hour there is not as much of a and conducive to learning for all stu- my generation simply didn’t know clamor for floor time. He has a short dents from all walks of life. could exist. I was fortunate enough to speech. Would it be agreeable to my I believe this bill creates a frame- be raised in a loving and caring house- colleague from Massachusetts if he is work through which we can reach hold. My generation needed support, able to complete his statement for a every student, be it an inner-city stu- encouragement, and stability. Today brief time, 4 or 5 minutes? dent, a rural student, a physically our kids need it, too. That is one thing Mr. KERRY. I have no objection if challenged student, a low-income stu- that simply has not changed. Mentors the definition of ‘‘brief’’ is 4 or 5 min- dent, a suburban student, or a learning can provide that support. I know it utes. impaired student. works. It has in Nebraska. I am con- The PRESIDING OFFICER. The Sen- Our goal is to provide each of those vinced that Mentoring for Success will ator from Florida may continue. students with the opportunity to prove it will work everywhere. Mr. NELSON of Florida. I thank both achieve. In the end, reaching every stu- What began as a spark in Nebraska of the Senators from Massachusetts. dent and improving every school is our has the potential to become a flame of Indeed, as a new Senator, I am learning goal, and I believe this bill is a step in optimism for at-risk children all across that the definition of ‘‘brief’’ is gen- the right direction—an important step. the country. I am proud today to be erally not understood in this Chamber. But as we complete action on this able to convey that this measure will Yet I will adhere to the common under- bill, we must ensure that our commit- in fact help our children. standing in Webster’s Dictionary of the ment to better education is backed by The PRESIDING OFFICER. Who term ‘‘brief’’ and keep it to less than 5 the appropriations needed to make it seeks time in opposition? minutes. I thank the Senator from happen. That part of the debate won’t The Senator from Massachusetts. Massachusetts. end this week, or even this year. So at Mr. KENNEDY. Mr. President, I yield As a product of public education, I every step of the way I intend to stand myself 1 minute. am very privileged to be a part of the up for the Federal assistance needed to I thank the good Senator for bringing debate and what I think is going to be ensure a high-quality education for all this issue to our attention. I might part of the solution. One of the major of our children. mention, I was with their super- components of the future quality of I thank my colleagues for the oppor- intendent of schools in Boston a week that is now being considered before tunity to share my heart on this sub- ago during our break, Tom Payzant. He this body. This legislation that we are ject that is of most importance to the was talking about eight kinds of men- now considering marks a victory for American people. tors working in schools there and the many and, most especially, for the Mr. President, I yield the floor. positive impact they are having in American people who have overwhelm- Mr. KENNEDY. If the Senator will terms of the discipline in the schools ingly said that the education of their yield for a second, I thank the good and helping to resolve some of the ten- children is their No. 1 priority. Senator for his comments. Senator sions in the schools. I have been guided through this de- NELSON has been very much involved in He said that 10 years ago he never bate by the experiences that I bring to the debate on education and has taken would have thought this kind of need this Chamber by my own educational a great interest. We have benefited would be there, but it is there. He said upbringing, and what I experienced in from this involvement. We welcome his he could use eight more very quickly the public schools of Brevard County, continued ideas and recommendations, and easily. It is a good idea. It is a FL, was due in large part to having and we hope he will be even more ac- good suggestion. Obviously, it will be highly qualified teachers. tive as we are dealing with additional voluntary. Communities will have to Who among us does not have some educational issues. I am very grateful apply but it is another way of trying to significant life-changing or life-steer- to him for all his good work and for his S6172 CONGRESSIONAL RECORD — SENATE June 13, 2001 excellent statement. I thank the Sen- (iii) in subparagraph (C), by inserting ‘‘, effective strategies for dealing with chron- ator. and principals have the instructional leader- ically disruptive and violent students; and’’. ship skills,’’ before ‘‘necessary’’; On page 528, line 12, strike ‘‘(15)’’ and insert AMENDMENTS NOS. 423 AND 455 TO AMENDMENT (B) in paragraph (2), by striking ‘‘the ini- ‘‘(17)’’. NO. 358 tial teaching experience’’ and inserting ‘‘an On page 541, between lines 9 and 10, insert The PRESIDING OFFICER. The Sen- initial experience as a teacher or a prin- the following: ator from Massachusetts, Mr. KERRY, is cipal’’; ‘‘(15) the provision of educational supports, recognized to offer two amendments en (C) in paragraph (3)— services, and programs, including drug and bloc, which the clerk will report. (i) by striking ‘‘of teachers’’ and inserting violence prevention programs, using trained The legislative clerk read as follows: ‘‘of teachers and principals’’; and qualified staff, for students who have (ii) by striking ‘‘degree’’ and inserting ‘‘or been suspended or expelled so such students The Senator from Massachusetts [Mr. master’s degree’’; and make continuing progress toward meeting KERRY], for himself, Mr. SMITH of Oregon, (iii) by striking ‘‘teachers.’’ and inserting the State’s challenging academic standards and Mr. CARPER, proposes an amendment ‘‘teachers or principals.’’; and and to enable students to return to the reg- numbered 423. (D) in paragraph (7), by striking ‘‘teacher’’ ular classroom as soon as possible; The Senator from Massachusetts [Mr. and inserting ‘‘teacher and principal’’; ‘‘(16) training teachers, pupil services per- KERRY], for himself, Mr. SMITH of Oregon, (6) in section 2122(c)(2)— sonnel, and other appropriate school staff on Mr. CARPER, and Mrs. CLINTON, proposes an (A) by striking ‘‘and, where appropriate, effective strategies for dealing with disrup- amendment numbered 455. administrators,’’; and tive students;’’. The amendments are as follows: (B) by inserting ‘‘and to give principals the On page 541, line 10, strike ‘‘(15)’’ and insert AMENDMENT NO. 423 instructional leadership skills to help teach- ‘‘(17)’’. On page 541, line 18, strike ‘‘(16)’’ and insert (Purpose: To provide for professional devel- ers,’’ after ‘‘skills,’’; ‘‘(18)’’. opment and other activities for principals) (7) in section 2123(b)— (A) in paragraph (2), by inserting ‘‘and On page 550, between lines 16 and 17, insert On page 383, after line 21, insert the fol- principal’’ before ‘‘mentoring’’; the following: lowing: (B) in paragraph (3), striking the period ‘‘(10) the development of professional de- SEC. ll. TEACHERS AND PRINCIPALS. and inserting ‘‘, nonprofit organizations, velopment programs necessary for teachers, Part A of title II (as amended in section local educational agencies, or consortia of other educators, and pupil services personnel 201) is further amended— appropriate educational entities.’’; and to implement alternative education sup- (1) by striking the title heading and all (C) in paragraph (4)— ports, services, and programs for chronically that follows through the part heading for (i) by striking ‘‘teachers’’ and inserting disruptive and violent students; part A and inserting the following: ‘‘teachers and principals’’; and ‘‘(11) the development, establishment, or ‘‘TITLE II—TEACHERS AND PRINCIPALS (ii) by striking ‘‘teaching’’ and inserting improvement of alternative education mod- ‘‘employment as teachers or principals, re- els, either established within a school or sep- ‘‘PART A—TEACHER AND PRINCIPAL spectively’’; arate and apart from an existing school, that QUALITY; (8) in section 2133(a)(1)— are designed to promote drug and violence (2) in section 2101(1)— (A) by striking ‘‘, paraprofessionals, and, if prevention, reduce disruptive behavior, to re- (A) by striking ‘‘teacher quality’’ and in- appropriate, principals’’ and inserting ‘‘and duce the need for repeat suspensions and ex- serting ‘‘teacher and principal quality’’; and paraprofessionals’’; and pulsions, to enable students to meet chal- (B) by inserting before the semicolon ‘‘and (B) by striking the semicolon and inserting lenging State academic standards, and to en- highly qualified principals in schools’’; the following: ‘‘and that principals have the able students to return to the regular class- (3) in section 2102— instructional leadership skills that will help room as soon as possible;’’. (A) in paragraph (4)— the principals work most effectively with On page 550, line 17, strike ‘‘(10)’’ and insert (i) in subparagraph (B)(ii), by striking teachers to help students master core aca- ‘‘(12)’’. ‘‘and’’; demic subjects;’’; On page 550, line 22, strike ‘‘(11)’’ and insert (ii) in subparagraph (C), by striking the pe- (9) in section 2134— ‘‘(13)’’. riod and inserting ‘‘; and’’; and (A) in paragraph (1), by striking ‘‘teach- On page 551, line 3, strike ‘‘(12)’’ and insert (iii) by adding at the end the following: ers’’ and inserting ‘‘teachers and principals’’; ‘‘(14)’’. ‘‘(D) with respect to an elementary school and On page 551, line 9, strike ‘‘(13)’’ and insert or secondary school principal, a principal— (B) in paragraph (2)— ‘‘(15)’’. ‘‘(i)(I) with at least a master’s degree in (i) by striking ‘‘teachers’’ and inserting AMENDMENTS NOS. 423 AND 455, AS MODIFIED educational administration and at least 3 ‘‘teachers and principals’’; and Mr. KERRY. Mr. President, I send years of classroom teaching experience; or (ii) by inserting ‘‘a principal organiza- two modifications to the desk. ‘‘(II) who has completed a rigorous alter- tion,’’ after ‘‘teacher organization,’’; and The PRESIDING OFFICER. The native certification program that includes (10) in section 2142(a)(2), by striking sub- instructional leadership courses, an intern- amendments are so modified. paragraph (A) and inserting the following: The amendments, as modified, are as ship under the guidance of an accomplished ‘‘(A) shall establish for the local edu- principal, and classroom teaching experi- cational agency an annual measurable per- follows: ence; formance objective for increasing retention AMENDMENT NO. 423, AS MODIFIED ‘‘(ii) who is certified or licensed as a prin- of teachers and principals in the first 3 years (Purpose: To provide for professional devel- cipal by the State involved; and of their careers as teachers and principals, opment and other activities for principals) ‘‘(iii) who can demonstrate a high level of respectively; and’’. On page 383, after line 21, insert the fol- competence as an instructional leader with lowing: knowledge of theories of learning, curricula AMENDMENT NO. 455 SEC. ll. TEACHERS AND PRINCIPALS. design, supervision and evaluation of teach- (Purpose: To modify provisions of the Safe Part A of title II (as amended in section ing and learning, assessment design and ap- and Drug-Free Schools and Communities 201) is further amended— plication, child and adolescent development, Act of 1994 with respect to alternative edu- (1) by striking the title heading and all and public reporting and accountability.’’; cation) that follows through the part heading for and On page 505, line 18, insert after ‘‘interven- part A and inserting the following: (B) in paragraph (9)(B), by striking ‘‘teach- tion,’’ the following: ‘‘high quality alter- ‘‘TITLE II—TEACHERS AND PRINCIPALS ers’’ each place it appears and inserting native education for chronically disruptive ‘‘PART A—TEACHER AND PRINCIPAL ‘‘teachers, principals,’’; and violent students that includes drug and ’’; (4) in section 2112(b)(4), by striking ‘‘teach- violence prevention programs,’’. QUALITY ing force’’ and inserting ‘‘teachers and prin- On page 528, line 11, strike ‘‘and’’. (2) in section 2101(1)— cipals’’; On page 528, between lines 11 and 12, insert (A) by striking ‘‘teacher quality’’ and in- (5) in section 2113(b)— the following: serting ‘‘teacher and principal quality’’; and (A) in paragraph (1)— ‘‘(15) developing, establishing, or improv- (B) by inserting before the semicolon ‘‘and (i) in the matter preceding subparagraph ing alternative educational opportunities for highly qualified principals and assistant (A), by striking ‘‘teacher’’ and inserting chronically disruptive and violent students principals in schools’’; ‘‘teacher and principal’’; that are designed to promote drug and vio- (3) in section 2102— (ii) in subparagraph (A)— lence prevention, reduce disruptive behavior, (A) in paragraph (4)— (I) by inserting ‘‘(i)’’ after ‘‘(A)’’; to reduce the need for repeat suspensions and (i) in subparagraph (B)(ii), by striking (II) by adding ‘‘and’’ after the semicolon; expulsions, to enable students to meet chal- ‘‘and’’; and lenging State academic standards, and to en- (ii) in subparagraph (C), by striking the pe- (III) by adding at the end the following: able students to return to the regular class- riod and inserting ‘‘; and’’; and ‘‘(ii) principals have the instructional lead- room as soon as possible; (iii) by adding at the end the following: ership skills to help teachers teach and stu- ‘‘(16) training teachers, pupil services per- ‘‘(D) with respect to an elementary school dents learn;’’; and sonnel, and other appropriate school staff on or secondary school principal, a principal— June 13, 2001 CONGRESSIONAL RECORD — SENATE S6173 ‘‘(i)(I) with at least a master’s degree in (A) in paragraph (1), by striking ‘‘teach- On page 550, line 22, strike ‘‘(11)’’ and insert educational administration and at least 3 ers’’ and inserting ‘‘teachers and principals’’; ‘‘(13)’’. years of classroom teaching experience; or and On page 551, line 3, strike ‘‘(12)’’ and insert ‘‘(II) who has completed a rigorous alter- (B) in paragraph (2)— ‘‘(14)’’. native certification program that includes (i) by striking ‘‘teachers’’ and inserting On page 551, line 9, strike ‘‘(13)’’ and insert instructional leadership courses, an intern- ‘‘teachers and principals’’; and ‘‘(15)’’. ship under the guidance of an accomplished (ii) by inserting ‘‘a principal organiza- principal, and classroom teaching experi- tion,’’ after ‘‘teacher organization,’’; and Mr. KERRY. Mr. President, let me ence; (10) in section 2142(a)(2), by striking sub- begin by expressing not just my grati- ‘‘(ii) who is certified or licensed as a prin- paragraph (A) and inserting the following: tude, but the gratitude of everybody in cipal by the State involved; and ‘‘(A) shall establish for the local edu- the Senate who understands the dy- ‘‘(iii) who can demonstrate a high level of cational agency an annual measurable per- namics of this process, and to my sen- competence as an instructional leader with formance objective for increasing retention ior colleague from Massachusetts; knowledge of theories of learning, curricula of teachers, principals, and assistant prin- there is no stronger, more forceful, cipals in the first 3 years of their careers as design, supervision and evaluation of teach- more committed advocate for the ing and learning, assessment design and ap- teachers, principals, and assistant principals plication, child and adolescent development, respectively; and’’. schools of our country than my col- and public reporting and accountability.’’; league, TED KENNEDY. I think his work and AMENDMENT NO. 455, AS MODIFIED in leading this for weeks now on the (B) in paragraph (9)(B), by striking ‘‘teach- (Purpose: To modify provisions of the Safe floor will speak for itself in the end ers’’ each place it appears and inserting and Drug-Free Schools and Communities when we will pass a bill that this coun- ‘‘teachers, principals, and assistant prin- Act of 1994 with respect to alternative edu- try will be proud of—providing, of cipals,’’; cation) course, that we ultimately provide the (4) in section 2112(b)(4), by striking ‘‘teach- On page 505, line 18, insert after ‘‘interven- resources necessary to empower this tion,’’ the following: ‘‘high quality alter- ing force’’ and inserting ‘‘teachers, prin- framework to take hold. I salute my cipals, and assistant principals’’; native education for chronically disruptive, (5) in section 2113(b)— drug-abusing, and violent students that in- colleague for his leadership and thank (A) in paragraph (1)— cludes drug and violence prevention pro- him for what he has been doing. (i) in the matter preceding subparagraph grams,’’. I also thank my friend from Florida (A), by striking ‘‘teacher’’ and inserting On page 528, between lines 11 and 12, insert for his gracious comments and for his ‘‘teacher and principal’’; the following: ‘‘(15) developing, establishing, or improv- strict adherence to the common under- (ii) in subparagraph (A)— standing of Webster’s Dictionary. (I) by inserting ‘‘(i)’’ after ‘‘(A)’’; ing alternative educational opportunities for (II) by adding ‘‘and’’ after the semicolon; chronically disruptive, drug-abusing, and These are two amendments which I and violent students that are designed to pro- have offered today with my good friend (III) by adding at the end the following: mote drug and violence prevention, reduce from Oregon, Senator GORDON SMITH. ‘‘(ii) principals have the instructional lead- disruptive behavior, to reduce the need for One deals with the quality and supply ership skills to help teachers teach and stu- repeat suspensions and expulsions, to enable of our Nation’s principals, and one students to meet challenging State academic dents learn;’’; and deals with the provision of alternative (iii) in subparagraph (C), by inserting ‘‘, standards, and to enable students to return to the regular classroom as soon as possible; educational opportunities for chron- and principals have the instructional leader- ically violent and disruptive students. ship skills,’’ before ‘‘necessary’’; ‘‘(16) training teachers, pupil services per- (B) in paragraph (2), by striking ‘‘the ini- sonnel, and other appropriate school staff on I am pleased to have Senator CARPER, tial teaching experience’’ and inserting ‘‘an effective strategies for dealing with chron- Senator REED of Rhode Island, and initial experience as a teacher, principal, or ically disruptive, drug-abusing, and violent Senator LEVIN joining us as original an assistant principal’’; students;’’. On page 541, between lines 9 and 10, insert cosponsors of the principals amend- (C) in paragraph (3)— the following: ment. (i) by striking ‘‘of teachers’’ and inserting ‘‘(15) the provision of educational supports, The fact is very straightforward. In ‘‘of teachers and principals’’; services, and programs, including drug and (ii) by striking ‘‘degree’’ and inserting ‘‘or the next year, we are going to be faced violence prevention and intervention pro- master’s degree’’; and with a leadership crisis in our schools. grams, using trained and qualified staff, for (iii) by striking ‘‘teachers.’’ and inserting Many of today’s principals are reaching students who have been suspended or ex- ‘‘teachers or principals.’’; and the age of retirement, and there is pelled so such students make continuing (D) in paragraph (7), by striking ‘‘teacher’’ progress toward meeting the State’s chal- clear evidence that reveals a decline in and inserting ‘‘teacher and principal’’; lenging academic standards and to enable the number of candidates for each (6) in section 2122(c)(2)— students to return to the regular classroom opening. For example, by the end of (A) by striking ‘‘and, where appropriate, as soon as possible; this school year, more than 400 New administrators,’’; and ‘‘(16) training teachers, pupil services per- (B) by inserting ‘‘and to give principals and York City principals will have retired. sonnel, and other appropriate school staff on assistant principals the instructional leader- In Washington State, nearly 300 prin- effective strategies for dealing with disrup- ship skills to help teachers,’’ after ‘‘skills,’’; cipals, or 15 percent of the total, left tive students;’’. (7) in section 2123(b)— On page 541, line 10, strike ‘‘(15)’’ and insert their jobs at the end of the last school (A) in paragraph (2), by inserting ‘‘and ‘‘(17)’’. year. The Dallas Morning News re- principal’’ before ‘‘mentoring’’; On page 541, line 18, strike ‘‘(16)’’ and insert ported that Texas is about to face the (B) in paragraph (3), striking the period ‘‘(18)’’. greatest shortage of principals it has and inserting ‘‘, nonprofit organizations, On page 550, between lines 16 and 17, insert ever encountered, with some studies local educational agencies, or consortia of the following: predicting a 50-percent turnover rate appropriate educational entities.’’; and ‘‘(10) the development of professional de- (C) in paragraph (4)— velopment programs necessary for teachers, among the State’s 8,500 principals and (i) by striking ‘‘teachers’’ and inserting other educators, and pupil services personnel assistant principals within the next 10 ‘‘teachers, principals, and assistant prin- to implement alternative education sup- years. cipals’’; and ports, services, and programs for chronically Schools all over the country are (ii) by striking ‘‘teaching’’ and inserting disruptive, drug-abusing, and violent stu- faced with the question of who will re- ‘‘employment as teachers, principals, or as- dents; place these retiring principals, who sistant principals, respectively’’; ‘‘(11) the development, establishment, or will provide the critical leadership for (8) in section 2133(a)(1)— improvement of alternative education mod- (A) by striking ‘‘, paraprofessionals, and, if els, either established within a school or sep- our educational system. appropriate, principals’’ and inserting ‘‘and arate and apart from an existing school, that Qualified candidates are becoming in- paraprofessionals’’; and are designed to promote drug and violence creasingly hard to find. In the 1998 sur- (B) by striking the semicolon and inserting prevention, reduce disruptive behavior, to re- vey of school districts, half of the dis- the following: ‘‘and that principals and as- duce the need for repeat suspensions and ex- tricts reported a shortage of qualified sistant principals have the instructional pulsions, to enable students to meet chal- candidates. The attrition rate for ele- leadership skills that will help such prin- lenging State academic standards, and to en- mentary school principals now stands cipals and assistant principals work most ef- able students to return to the regular class- fectively with teachers to help students mas- room as soon as possible;’’. at 42 percent for the decade from 1988 ter core academic subjects;’’; On page 550, line 17, strike ‘‘(10)’’ and insert to 1998, and it is expected to remain at (9) in section 2134— ‘‘(12)’’. least as high through this decade. S6174 CONGRESSIONAL RECORD — SENATE June 13, 2001 Indeed, some predictions are it could Senator SMITH and I and others share a Octeober, 1998. A recent report of this reach as high as 60 percent as prin- twofold concern. The quality of teach- Task Force found that alternative edu- cipals of the baby boom generation ing and learning suffers significantly cation programs have helped to reduce reach retirement age. when one or two disruptive students or the dropout rate both in Boston Public This is happening at a time when the violent students monopolize a class- Schools and in other community-based U.S. Department of Labor estimates room and the attention of a teacher, programs. that the need for principals in our and that violent and disruptive student One Boston Public Schools alter- country will grow with rising school is often in desperate need of services, native education program, the Commu- enrollments through at least 2005. If we supports, and greater levels of atten- nity Academy, has been recognized by do not stem the flow of retirees and tion than are provided in the tradi- the U.S. Department of Education as buoy up the number of aspiring prin- tional classroom. one of the top nine exemplary pro- cipals, we will face a critical school We have a choice: We can either deal grams in the country. The students en- leadership crisis, one that could debili- with the problems of these young peo- rolled in the Community Academy are tate any of the other reform efforts we ple while they are in school, while we from grades 6–12 and are referred by are making today. know where to find them, while we principals, guidance counselors, and Not only, however, is the supply of have them under our control, while we parents. The Community Academy’s principals vital to the success of edu- have the opportunity to provide them small, highly structured and closely cation reform, but obviously the qual- services, or we can wait for them to monitored program provides a setting ity of our principals is also critical. A drop out or turn to the streets or en- where these students can receive the good principal can create the climate counter them later in the juvenile jus- attention and services they need to get that fosters excellence in teaching and tice system of the country. their lives on track and enable them to learning while an ineffective one can The intent of this amendment is to focus on learning. All students of Com- quickly thwart the progress of the ensure that our classrooms are safe, munity Academy are monitored most dedicated reformers. drug free, and that all students are pro- through intervention stragtegies by I think any of us who has been to any vided with a meaningful opportunity to the program’s staff, including case school in this country, particularly learn. managers, clinicians, instructors, and when we walk into a blue ribbon The amendment we are offering parents. school, we will acknowledge that if the amends the Safe and Drug Free Schools The school system in Springfield, school is working, if the school is par- Program and expands its purpose to in- MA, has established six alternative ticularly a blue ribbon school, that clude the provision of alternative edu- schools. And since they began their al- school has a blue ribbon principal. cation opportunities. This amendment ternative sites, the dropout rate in Every school in this country that will allow the list of allowable Federal, Springfield has declined from 11.8 per- works begins with the leadership in the State, and local uses of funds under the cent to 4.9 percent. The superintendent school itself. Without a good leader, it Safe and Drug Free Schools Program of the Springfield schools made a com- is hard to instigate or sustain any to include the option of providing al- mitment that all students in Spring- meaningful change, and schools will ternative education, supports to chron- field will receive an education, includ- not be transformed, restructured, or re- ically disruptive, drug abusing, and ing suspended or expelled students, he constituted absent that leadership. violent students. has stood by that commitment, and in Education reform policies, such as Springfield they are seeing real results. the ones we hope will be instituted as One option to ensure that classrooms and schools are safe and manageable An example of alternative education a result of the BEST Act, are meaning- is Springfield Academy, Springfield, has been to require removal of disrup- less without strong leadership to im- MA. The principal is Alex Gillat. tive and dangerous students. Typically plement them in school. Today we all Gertrude is a teenager who does not know principals face a whole different this is accomplished through expul- have contact with her parents and re- set of challenges than their prede- sions and long-term suspensions. How- sides with her older sister and two cessors. One of the greatest challenges ever, while expelling and suspending younger siblings. While enrolled in a is providing a positive learning envi- may make schools safer and more man- local high school, Gertrude had many ronment for a highly diverse student ageable, students’ problems do not go difficulties both in and out of school population. By the middle of the new away when they are removed from the and ultimately was expelled because century, more than half of the popu- classroom—the problems just go some- she attacked another student with a lation will be made up of those whose where else. hammer. Gertrude spent a little over a families originated in Africa, Asia, or School districts across the country year at the Springfield Academy. I am Latin America. report experiencing significant in- very happy to report that Gertrude Principals will certainly need to un- creases in both the number of students graduated last year and is currently derstand and be prepared to integrate expelled and the length of time they enrolled in a university. She is sup- into their schools a new generation of are excluded from their schools. The ported in her studies by a number of sophisticated technology which, in consensus among educators and others scholarships. turn, will require them to place a high concerned with at-risk youth is that it Daniev came from a family with a priority on staff development for is vital for expelled students to receive history of drug abuse. His father died teachers and for themselves. I do not educational counseling or other serv- of a heroin overdose and he too became believe it is possible to underestimate ices to help modify their behavior a heavy user of drugs and alcohol. the impact technology will continue to while they are away from school. Chronically truant, Daniev one day have on teaching and administration. Without such services, students gen- witnessed a friend get killed as they Increased responsibilities without in- erally return to school no better dis- walked along the railroad tracks in creased support will continue to ham- ciplined and no better able to manage Springfield. After that incident, Daniev per school districts’ abilities to attract their anger or peaceably resolve dis- suffered post traumatic stress disorder. qualified principals. It is another rea- putes. They will also have fallen behind Around this time, Daniev was enrolled son the resource issue is so critical ul- in their education, and any underlying at Springfield Academy. With the aid timately to the success of the legisla- causes of their violent behavior may be of the staff, counselors, and a Navy re- tion we will pass. unresolved. Research has shown a link cruiter, Daniev quit using drugs and al- The amendment the Senator from Or- between suspension/expulsion and later cohol, successfully completed high egon and I are offering addresses this dropping out of school, with resulting school, and is now enlisted in the Navy. critical problem by giving States personal and social costs. Another example is Bridge Academy, greater flexibility in the use of their Alternative education works. My Springfield, MA. The principal is Allen title II dollars so that funding can be home State of Massachusetts has some Menkell. used to retain high-quality principals excellent alternative education pro- Cyrus is a senior in high school and and improve principal quality. grams. The superintendent of the Bos- is literally on the cusp of graduation, I point out that with respect to the ton Public Schools created an Alter- but Cyrus almost didn’t make it. In ad- second amendment we are offering, native Education Task Force in dition to problems with substance June 13, 2001 CONGRESSIONAL RECORD — SENATE S6175 abuse, Cyrus’ father passed away, and viously Massachusetts, and other opportunities for these students caus- soon thereafter, his younger brother places. Senator KERRY put his finger on ing problems in school makes a great died of leukemia. Cyrus was about to it. It is not enough just to work on the deal of sense. This is a problem. drop out of his ‘‘last chance school,’’ professional development of the teach- One of the things we understand is but teachers at Bridge Academy rallied ers or to make sure we have teachers that children do not learn when they around him, and helped him to see how who know their business, know their are distracted and there is violence. much he had accomplished. Cyrus will stuff, love to teach, love kids in our Even though schools are one of the graduate this month, and may go on to classrooms, but it is critically impor- safest places to be at any time, we community college. tant that the men and women leading know there are incidents which occur. It is shocking to think where these those schools, the principals and assist- The Senator has made an excellent rec- young people would be without the op- ant principals, learn how to do their ommendation. portunities that alternative schools jobs well. On the issue of the principals, as we like those in Springfield and Boston One of the toughest jobs going these have learned very well with the Jere- provided them with. But what is all too days is not as a Member of the Senate, miah Burke School, a principal took a common is that these alternative not even President of the United school that lost accreditation and learning environments do not exist. States. I think one of the toughest jobs within 6 years, this last year—and it is What is all too common is that these in America today is trying to be prin- the only high school in Boston that is young people would not have anywhere cipal of a school and run the school eligible for title I funds, which means to turn. with all of its challenges—the kids, the it has to have 70 percent eligibility I call attention to the fact that the curriculum, Federal and State regula- which, in economic terms, are the superintendent of Boston Public tions coming at them, dealing with the neediest children probably in the city Schools created an alternative edu- parents, many of whom are not present —this year, 100 percent of the grad- cation task force in October of 1998. A in the lives of their children, passing uates were accepted into college. I recent report of the task force found it referendums. It is a tough job. think it was as much the principal’s has helped reduce the dropout rate The idea that we acknowledge not leadership in that as anything else. both in the Boston public schools and just that it is a tough job but say to The Senator has for a long time in other community-based programs. States, you can use some of this Fed- talked about the importance of the One alternative program has been eral money to make sure more of the quality of principals. This is a par- recognized by the Department of Edu- people leading our schools know how to ticular area he has spent a great deal cation as one of the exemplary pro- do their tough job well, is just a won- of time on and has visited a lot of the grams in the country. derful step we are taking. schools and spoken eloquently and ef- In addition, in Springfield, MA, they The second thing I want to say with fectively on the issue. have established six alternative respect to funding, providing the possi- These are two very good amend- schools, and since they began their al- bility for Federal funds for alternative ments. I thank the Senator for the ternative sites, the dropout rate in schools for chronically disruptive stu- good work he does on education. Springfield has declined from 11.8 per- dents, is that every child can learn. The PRESIDING OFFICER. The Sen- cent to 4.9 percent. Children who are chronically disrup- ator from Oregon. An alternative education opportunity tive came to school behind, started be- Mr. SMITH of Oregon. Mr. President, makes a difference—a difference to the hind, and fell further behind. In many I am pleased to come to the floor with child who needs it and a difference to cases they did not have parents en- Senator KERRY today and am grateful the children who are often trapped in a gaged in their lives and may not have that the manager of this bill has ac- classroom that will not work because had the right teachers. Even those kids cepted our amendments. I will speak to of the disruptive student. can learn. They may need to be in a No. 423. This is something Senator I urge my colleagues to embrace both classroom other than the one they are KERRY and I worked on for some time of these amendments as supportive of sitting in today or this year. They may because of our fundamental belief that the intentions and goals of this legisla- need to be in a different school, but principals shape the environment in tion. they can learn in a different school. If which teachers and students ulti- Mr. President, how much time do I we include in the alternative for dis- mately succeed or fail. We believe im- have? proving the quality of school is the The PRESIDING OFFICER. Nineteen ruptive students trained educators and most effective way to make systematic seconds. leaders who know how to work with improvements in our educational sys- Mr. CARPER. May I have 8 of those those students who come from tough tem. 19 seconds? backgrounds, those kids can learn and Mr. KERRY. I ask for an additional can meet the standards, as well. The school principal of today is more minute for my colleague. I apologize. Our role is not to say to States that than a manager. Today’s principal Mr. KENNEDY. I will be glad to yield they have to use this money to train needs to be an effective instructional 5 minutes. school leaders and principals; our job is leader. Instructional leaders develop Mr. CARPER. Mr. President, I am not to say they have to use this to pro- and implement strategies for improv- grateful to both Senators. vide for alternative schools for disrup- ing teaching and learning; they develop Senator KERRY offered two wonderful tive students; but with the amend- a vision and establish clear goals for amendments. I am pleased to be an ments we make it an option. student performance. original cosponsor of both of them. I I commend Senator KERRY and Sen- School principals provide direction in thank him for his leadership. ator SMITH from Oregon for joining in achieving state goals; encourage others We have spent a fair amount of time offering this amendment. I am pleased to contribute to goal achievement; se- talking about academic standards we to stand in support. cure commitment to a course of action have set in our schools and other Mr. KERRY. Mr. President, I thank from individuals and groups in the States have set in their schools. We the Senator for his leadership as a Gov- school and community. They are in- have spent a fair amount of time ac- ernor. He did a superb job in the State strumental to the success of a school, knowledging tests are being taken to of Delaware, leading in some of the re- and we have a responsibility to help measure student progress and we need forms incorporated herein. We appre- them succeed in this role. to hold folks accountable—schools, ciate and respect that and thank him To be effective, principals need more school districts, and teachers. for his support and comments with re- than workshops or other one-time pro- It has been acknowledged again and spect to these amendments. fessional development ‘‘events.’’ They again how important having a good Mr. KENNEDY. I urge the acceptance need high quality, ongoing professional teacher in a classroom is to enable all of these amendments. development focused on student students to reach the standards that The amendment, as my friend and achievement. are being set in their respective States. colleague has pointed out, using the There is no doubt that teacher qual- Professional development of teachers Safe and Drug Free Schools for the de- ity is important, but it is the collec- is critical in my State of Delaware, ob- velopment of alternative educational tion of teachers working with a unified S6176 CONGRESSIONAL RECORD — SENATE June 13, 2001 purpose that transforms a school. That versity’s Graduate School of Edu- Third, as I have already mentioned, critical development comes only with a cation, ready to help train administra- it can provide appropriate help to skilled effective leader at the helm. tors, if necessary funds are made avail- chronically disruptive and violent stu- A 1999 report issued by the National able. dents. According to administrators in Association of State Boards of Edu- The role of the principal must be rec- Multnomah County’s Department of cation characterized effective prin- ognized if schools are going to improve Community Justice, half the youth cipals as the ‘‘lynchpins of school im- on a national level. The new policies who are on probation or parole are also provement’’ and the ‘‘gatekeepers of being implemented here in Congress enrolled in alternative schools. Just change.’’ The National Association of will, for the most part, have to be im- think of the implications for society State Boards of Education views prin- plemented at the school level by prin- and these individuals and their fami- cipals as impacting both the implemen- cipals. lies later in life if these troubled tation and sustainability of reforms fo- We have a responsibility to equip youngsters are denied the support they cused on student achievement. principals to carry out the achieve- need to grow both academically and be- Principals have a powerful effect on ment goals we have set for them. haviorally. the culture of a school: Teachers will I am asking my colleagues along model the behavior of a principal with Senator KENNEDY and others to Finally, alternative education op- whom they trust and who has knowl- support our Principals amendment. tions can prevent high risk students edge about good instruction. This amendment will allow states to from dropping out of school. This gives Currently, professional development use Teacher Quality funds to improve them a much better chance of becom- funding is available to teachers, but far the quality of elementary and sec- ing contributing members of society. too few principals receive similar pro- ondary principals and assistant prin- Research from the Northwest Re- fessional development options because cipals. gional Education Laboratory, based in school districts often decide to devote This could include such state options my home state of Oregon, has shown limited funding to teacher programs as reforming principal certification, that at least two thirds of the students first. That is why this amendment al- ensuring that principals have the in- in community based alternative lows principals to access federal profes- structional skills to help educators schools—all former dropouts—have sional development funds. teach, and mentoring principals. These found academic and social success after Not only do we need to help our cur- functions could help states ensure that being enrolled in the program. rent principals be more effective, we enough high quality principals are Last winter, I talked with 150 Oregon also need to address the critical short- ready to lead our children and our age of school administrators. educators about the best ways to pre- schools into the 21st century. vent students from dropping out. Too many schools opened this fall I would also like to address the need Among the solutions, they rec- without a principal. Although the for alternative education in our chil- ommended alternative education as a teacher shortage is well known, discus- dren’s schools. Senator KERRY and I critical tool for keeping kids in school. sions about the lack of qualified school have been working together for several leaders to fill the position of principal years to address the problem of edu- Despite the fact that we know that have just begun, and they have begun cating troubled and chronically disrup- alternative education is so critical, with this amendment. tive children in schools. there are simply not enough dollars In Vermont, one of every five prin- Today we offer an amendment, num- available to reach all the students who cipals has retired or resigned since the ber 455, which will allow states to use need it. end of the last school year. In Washington State, 15 percent of Title VI Safe and Drug Free Schools I am holding letters from educators principals did the same last year. money for alternative education, when in my home state telling me of their In 1999, New York City had 200 it relates to drug and violence preven- great need for federal help to fund al- schools that opened with temporary tion, and to try to prevent these stu- ternative school options. I know this leaders. dents from dropping out of school. need for funds exists across the coun- School districts face a monumental Alternative education options need try as well. to exist for the benefit of all students— task of finding effective leaders for our Therefore, I ask you to join my dis- both the disruptive students and their nation’s schools. Cities and states na- tinguished colleague, Senator KERRY, classmates. tionwide report principal vacancies and and me in support of our alternative only a trickle of qualified applicants, if Removing potentially violent or chronically disruptive children from education amendment. Allowing states any, willing to fill the positions. to use Safe and Drug Free Schools A recent study by the Educational the classroom can leave other students funds for alternative education will Research Service estimates that more free to learn. help ensure that no children, even the than 40 percent of public school prin- But more than that, just removing ones at highest risk, are left behind. cipals will retire over the next ten these difficult students from the class- years. Our school leaders are graying room without providing alternative I yield the floor. and we are not replacing them with placements simply leaves them unsu- Mr. KENNEDY. Mr. President, we are enough qualified candidates. pervised. It also leaves them without prepared to accept the amendments. Leadership plays a pivotal role in all opportunities to learn the skills they The PRESIDING OFFICER. Has all spheres of our national life, but we will need in life. This puts the students time been yielded? have not yet made it a priority in at even higher risk for failure later in schools. The business and corporate life. Mr. KENNEDY. We are prepared to community has long considered en- What these children need is appro- yield back the remainder of the time. lightened leadership a prerequisite for priate, intensive assistance that can The PRESIDING OFFICER. The successful change. It cultivates young only be provided outside the regular question is on agreeing to the amend- leaders and provides extraordinary re- classroom. Alternative education can ments en bloc, No. 423, as modified, and sources for their development. The meet their needs for supervision, reme- No. 455, as modified. commitment to developing and ensur- diation of behavior, maintenance of Without objection, the amendments ing strong leadership extends to the academic progress, and it can help pre- are agreed to en bloc. armed forces, where we provide officer- vent them from dropping out. The amendments (Nos. 423 and 455), training programs and service acad- Clearly, alternative education will as modified) were agreed to, en bloc. emies for preparing leaders for all mili- not be a ‘‘magic bullet’’; however, it tary services. can serve a number of very important Mr. KENNEDY. I move to reconsider We need to do the same for the poten- purposes. First, it can improve safety and lay that motion on the table. tial leaders of our schools. This amend- in schools, by working with students The motion to lay on the table was ment does exactly that, by allowing who may be a danger to themselves, agreed to. funds to be used for mentoring aspiring other children, and staff. AMENDMENT NO. 630, AS MODIFIED principals and recruiting leadership Second, alternative education can candidates. also prevent disruptions to learning for Ms. CANTWELL. I ask unanimous There are excellent programs around the overwhelming majority of students consent to call up previously proposed the country, like Portland State Uni- who come to school to learn. amendment No. 630, as modified. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6177 The PRESIDING OFFICER. Without technological resources with two other cru- ther improve the effective integration of objection, it is so ordered. cial elements: teacher training and profes- technology, training, and research-based Ms. CANTWELL. Mr. President, I sional development and curriculum develop- best practices will ensure that our national rise today in support of a bipartisan ment. investment continues to be prudent and tar- We are pleased to support the Cantwell- geted to efforts that improve student learn- amendment that was made possible Enzi amendment and believe it will encour- ing. with the help of my colleague, the dis- age the development of best practices for the For state and local technology plans to tinguished Senator from Wyoming, Mr. use of scalable technology in states and local miss connections to the development of edu- ENZI, and I also express my apprecia- districts around the country and assessment cator’s skills, the development of the cur- tion to Senators KENNEDY and GREGG and evaluation of the effectiveness of those riculum they will use, or the development of for their help on this amendment. They strategies. we are delighted to support this best practices in technology resources and amendment as one important step in bring- systems, would be to miss a tremendous op- have done a terrific job of moving this portunity to build student success. Requir- education bill through the process this ing technology to the classroom and will pledge to work for its passage. ing these elements in plans makes eminent year. Sincerely, sense. In addition, the national evaluation of We have all experienced going home EJ BLACK, technology plans will allow the nation as a and hearing from teachers that too President and CEO. whole to learn from and to build on the suc- often technology is simply not well in- cess of those, such as the many entrepre- neurial educators in Washington state, who tegrated into the classrooms. While we BUSINESS SOFTWARE ALLIANCE, Washingon, DC, June 7, 2001. have solved thorny problems of technology spend billions on technology in schools, integration with creativity, wisdom, and vi- Senator MARIA CANTWELL too often these funds do not have the sion. I do not want to suggest that in any U.S. Senate, Senate Hart Building, full potential impact because the tech- way schools are not making progress in ef- Washington, DC fectively using technology. We have exam- nology dollars often are focused just on DEAR SENATOR CANTWELL: I am writing to equipment itself. commend you on your initiative to ensure ples of effective uses of technology from This bipartisan amendment simply that teachers and students can take full ad- around the country, and particularly in the requires that school districts which vantage of the opportunities presented to state of Washington, through the use of our them by having computers and Internet con- K–20 Network (dozens of examples are de- seek to use Federal technology dollars scribed at http://www.wa.gov/k20/). nections available as an integral part of do so in a way that explicitly details Washington state, as a leader in tech- teaching. You have correctly identified a how they are going to integrate teach- nology innovation and in the integration of critical need: it is not enough to make com- er training and professional develop- technology into effective use in the class- puters available in the classroom, teachers room, has much to gain by the passage of the ment, curriculum development, and must integrate them into their everyday in- proper system resources. Cantwell-Enzi amendment to ESEA. structional activities. Sincerely, Furthermore, the amendment will As you are well aware, technology compa- TERRY BERGESON, nies often have a hard time finding new em- ask the Department of Education to re- State Superintendent of Public Instruction. port on these strategies to identify the ployees that have the needed levels of math and science training, as well as computer lit- BEST practices on bringing technology AOL TIME WARNER, eracy. In a survey conducted last year, BSA and training into the classroom so Washington, DC, June 7, 2001. CEOs projected that, on average, 9 percent of Hon. MARIA CANTWELL, schools that are successful can be used the openings for skilled workers went un- U.S. Senate, Hart Senate Office Building, as a model to scale BEST education filled in 2000. We believe a long-term ap- practices and technology at the na- Washington, DC. proach is needed that takes into account DEAR SENATOR CANTWELL: I am writing to tional level. education policy, particularly in regard to voice AOL-Time Warner’s enthusiastic sup- This amendment has been supported providing incentives for and increasing the port for your National Digital School Dis- by a number of national teaching orga- interest of our nation’s youth to study math trict Amendment to S. 1, the BEST Act. We nizations as well as many of the tech- and science. believe that your amendment furthers the nology industry, such as AOL-Time We support your proposed amendment to goals of this bill as well as those of Congress the education bill because it would promote and the Administration by encouraging inno- Warner, Sun Microsystems, Microsoft, more specific and rigorous use of technology Computer and Communications Indus- vative education strategies and public/pri- in the classroom. Today, while many class- vate partnerships, and mandating program try Alliance, and many others. rooms have a computer, too few of our teach- effectiveness assessments. We applaud your I ask unanimous consent their letters ers make use of it on a systematic basis. We understanding of the importance of the use in support of this amendment be print- believe the Cantwell-Enzi amendment will of technology to educate America’s youth. ed in the RECORD. address these issues, changing the way our As you know, AOL-Time Warner has a deep There being no objection, the letters students improve their computer skills. and abiding interest in ensuring that all stu- were ordered to be printed in the As we understand it, your proposal would dents receive an education that not only require local and state agencies to include in RECORD, as follows: grounds them in the basics—reading, writ- their education plans three criteria: 1) teaching, and arithmetic—but simultaneously pre- COMPUTER & COMMUNICATIONS er training and development in the use of pares them for employment in the global, INDUSTRY ASSOCIATION, technology; 2) curricular development that high-technology economy. To achieve these Washignton, DC, June 7, 2001. incorporates computers and the internet; goals, we believe that all students must gain Hon. MARIA CANTWELL, and 3) a plan to rationally allocate tech- access to 21st Century learning tools and U.S. Senate, nology resources. Additionally, your pro- skills, and that teachers must receive train- Washington, DC. posal would direct the Department of Edu- ing in how to use new technologies and inte- DEAR SENATOR CANTWELL, On behalf of the cation to develop plans and programs on best grate them into their classrooms. Through Computer & Communications Industry Asso- ways to use technology in teaching. our establishment of AOL@School, a free on- ciation (CCIA), I write to express support for We applaud your leadership in this critical line learning tool that helps administrators, the Developing Best Practices for technology area, and we stand ready to work with you. teachers, and students gain quick and easy in Education Amendment to S. 1, the Better Sincerely, access to the best educational content avail- Education for Students and Teachers Act. ROBERT W. HOLLEYMAN, able on the Web, and our support of CCIA applauds your leadership efforts in in- President and Chief Executive Officer. PowerUP, a non-profit organization that pro- troducing this amendment. vides underserved youth with access to tech- The Cantwell-Enzi bipartisan education SUPERINTENDENT nology and mentoring, AOL–TW has made technology amendment to ESEA is a positive OF PUBLIC INSTRUCTION, 21st Century technology literacy a corner- step forward in ongoing efforts to bring tech- Olympia, WA, June 7, 2001. stone of our business and philanthropic ef- nology to the classroom in a comprehensive Hon. MARIA CANTWELL, forts. and effective way. This amendment will en- U.S. Senate, Hart Senate Office Building, We believe that your amendment will not able schools across the country to integrate Washington, DC. only complement these and other education technology into classrooms to give all our DEAR SENATOR CANTWELL: Thank you for technology projects in which AOL-Time children the opportunity to take advantage your efforts to improve the delivery of tech- Warner has been involved, but will leave a of the many benefits that technology and the nology funding under the Elementary and legacy of best practices for states and school Internet can provide. Secondary Education Act by offering amend- districts to emulate. Our schools will most benefit by the devel- ment #630 regarding ‘‘Developing Best Prac- Thank you again for your demonstrated opment of programs that employ technology tices for Technology in Education.’’ leadership on this issue. effectively and can be implemented by any The federal government has been the larg- Sincerely, school or district. This amendment recog- est single investor in education technology JILL A. LESSER, nizes that to be successful we must integrate in this nation over the past decade. To fur- Senior Vice President, Domestic Public Policy. S6178 CONGRESSIONAL RECORD — SENATE June 13, 2001

SUN MICROSYSTEMS, INC., promoting the benefits of Internet-based Act.’’ As strong supporters of bipartisan edu- Washington, DC, June 7, 2001. computing in schools. SchoolTone Alliance cation reform, Microsoft applauds your lead- Hon. MARIA CANTWELL, member companies include: ACTV HyperTV ership and vision on this important issue, U.S. Senate, Networks, Inc.; AOL@School; bigchalk,com; and we share your commitment to providing Washington, DC. Blackboard, Inc.; BritannicaSchool.com; educators with the tools and training they DEAR SENATOR CANTWELL: On behalf of Sun Broadware Technologies; HighWired.com; need to integrate technology effectively into Microsystems, Inc., I would like to thank Isis Communications Limited; JASON Foun- their classrooms. and congratulate both you and Senator ENZI dation; Lucent Technologies; National Semi- Using technology to raise student achieve- on the introduction of S.A. 630: ‘‘Developing conductor; Power School; SaskTel; ment and improve professional development Best Practices for Technology in Edu- SchoolCity.com; SchoolCruiser/Timecruiser is vital as we seek to reform our education cation.’’ S.A. 630 is a worthy addition to S.1, Computing; Simplexis.com; SRI Inter- system. Our own initiative to promote pro- the Elementary and Secondary Education national; Sun Microsystems, Inc. and VIP fessional development, the Microsoft Class- Act, and we fully endorse your efforts. We Tone, Inc. room Teacher Network, has helped provide believe that S.A. 630 is a logical and much SchoolTone Alliance and its members look technology training to nearly 1.5 million needed step that will help schools, school forward to working with you on a mutual teachers annually. In addition, Microsoft has districts, teachers, and students all achieve agenda of bringing technology to all stu- developed a suite of software tools, particu- significant gains in performance and effi- dents and in making it a more effective and larly the Encarta Class Server, Web-based ciency by requiring the development of com- efficient tool for learning. curriculum development platform designed prehensive strategies for technology. Sincerely, to aid teachers in classroom management. As schools move towards a greater depend- IRENE K. SPERO, Microsoft also supports the Boys & Girls ence on computer technology, they are con- Executive Director. Club of America Club Tech program which tinually faced with expensive hardware and gives students access to technology after software expenditures, continual upgrades, UNIVERSITY OF WASHINGTON, school thereby providing particularly low-in- expensive technical support, and a constant Seattle, WA, June 6, 2001. come children, with access to a wide array of need for teacher re-training. By encouraging Hon. MARIA CANTWELL, educational technology experiences and op- the adoption of ‘‘best practices,’’ we believe U.S. Senate, portunities. more schools will move toward a web-based Washington, DC. By helping to provide teachers with the re- learning model, allowing anytime, anywhere DEAR MARIA: We commend you for your sources necessary to succeed, and by ensur- access to educational resources. Through leadership on the Cantwell-Enzi Amendment ing that educators nationwide will have ac- web-based learning, our schools can achieve of S.1, S.A. 630: ‘‘Developing Best Practices cess to information regarding the most effec- greater efficiency, increase access to edu- for Technology in Education.’’ tive uses of technology in raising student cational resources and allow teachers to There is widespread agreement that tech- achievement, your amendment will help pro- spend time doing what they do best—teach. nology has the potential to dramatically en- mote creativity and innovation in our edu- Therefore, we specifically support the hance teaching and learning. cation system and ensure that no child is Cantwell-Enzi Amendment because it meets In the past few years, we have made great left behind. the challenges of brining education to the progress in providing computers and Sincerely, classroom by: connectivity in our classrooms, both nation- JACK KRUMHOLTZ, 1. Requiring that local and state agencies ally and in Washington State. In Washington Director, Federal Government Affairs, develop strategies that include teacher de- State, for example, the proportion of K–12 Associate General Counsel. velopment and training; curriculum develop- classrooms with Internet access increased ment; and technology system resources to be from 64% to 87% between 1998 and 2000. Ms. CANTWELL. I also ask the sup- eligible for over $1 billion in federal tech- However, just providing computers and port of my colleagues in passing this nology funds; connectivity is not sufficient. In Washington legislation to make sure our tech- 2. Encouraging the development of best State, nearly half of all schools have no nology dollars at the national level are practices for the use of technology in schools equipment replacement plan within a five- used efficiently and effectively, that that can be scalable in states and local dis- year cycle. Three-fourths of all schools can- some of the models being established tricts around the country. not meet an equipment downtime goal of two even in the private sector be considered The single most important thing the fed- days or less. The average time spent on staff/ eral government can do to promote real edu- teacher in-service technology training is one as we move forward on getting the best cational reform is to encourage a shift to- hour per year. Per-student expenditures on for education under this amendment. I wards web-based learning. We believe this all aspects of technology range from an aver- encourage my colleagues to support it, amendment is an important step, and are age of $22/student in the bottom 10% of and again thank Senator ENZI, my staff proud to support your efforts. Washington’s 297 school districts, to an aver- and Senator ENZI’s staff on their bipar- Sincerely, age of $357/student in the top 10%. Cur- tisan effort in passing this legislation. KIM JONES, riculum lags tremendously. So does research I yield the remainder of my time. Vice President, Global Education and on educational outcomes—measured as a Mr. KENNEDY. I thank the Senator Research. fraction of total expenditures, computer chip from Washington for this proposal. She manufacturers spend 200 times as much on SCHOOLTONE ALLIANCE, R&D, and potato chip manufacturers spend brings enormous experience in this Chicago, IL, June 6, 2001. 20 times as much! area as one who has demonstrated, in Hon. MARIA CANTWELL, Your amendment will encourage the another life, great perception about the U.S. Senate, thoughtful and effective integration of tech- possibilities of the computer world and Washington, DC. nology into the classroom, in a way that what it can mean for enhancing edu- DEAR SENATOR CANTWELL: On behalf of the truly does enhance teaching and learning. cation. Her recommendations in the members of the SchoolTone Alliance, I write Again, thank you for your leadership. form of this amendment are something to express support for the National Digital Sincerely, we value. We have provisions reflected School Districts Amendment to S. 1, the Bet- EDWARD D. LAZOWSKA, ter Education for Students and Teachers Bill & Melinda Gates in the legislation, as the Senator has Act, SchoolTone Alliance applauds your Chair in Computer noted, but I think this perception that leadership efforts in introducing this amend- Science, Department she has brought with this amendment ment. of Computer Science will be enormously useful and valuable. The amendment addresses the very real & Engineering. We had a good description of the pro- challenges faced in effectively using tech- PATRICIA M. WASLEY, posal earlier last evening. She has nology in our nation’s classrooms by Dean and Professor, given us additional comments today. strengthening teacher training, improving College of Edu- curricular development, allocating scarce re- cation. We are prepared to recommend the sources and identifying best practices. Last amendment be accepted. I do so at this year the bipartisan Congressional Web-based MICROSOFT CORPORATION, time. I think we are prepared to accept Education Commission released its report, Washington, DC, June 12, 2001. it. The Power of the Internet for Learning, and Hon. MARIA CANTWELL, I thank the Senator for her diligence called upon policymakers to enact an ‘‘e- U.S. Senate, Hart Senate Office Building, in pursuing this matter. She has been learning agenda.’’ Your amendment imple- Washington, DC. enormously cooperative with the floor ments the vision articulated in that report DEAR SENATOR CANTWELL: On behalf of managers in arranging to bring this to and will act as a catalyst in moving the Microsoft Corporation, I would like to com- power of the Internet for learning from mend you on the introduction of your the attention of the Senate. We are promise to practice. amendment, ‘‘Developing Best Practices for grateful to her for her accommodation The SchoolTone Alliance is a not-for-prof- Technology in Education,’’ to S.1, the ‘‘Bet- but most importantly for the substance it, independent consortium of companies ter Education for Students and Teachers of this proposal, which will add to the June 13, 2001 CONGRESSIONAL RECORD — SENATE S6179 enhancement of children’s knowledge principles are flexibility, account- AMENDMENTS NOS. 433, 436, 431 AS MODIFIED, AND in the area of computer technology. ability, and local control. 419, EN BLOC, TO AMENDMENT NO. 358 We are prepared to accept that. The substance of what is in the un- Mr. KENNEDY. Mr. President, today The PRESIDING OFFICER. Is all derlying bill is that we have basically we are again in a position to clear time yielded back? taken about nine categorical programs, amendments by unanimous consent. Mr. KENNEDY. We yield the remain- non-title I, money for the low-income, Therefore, I ask unanimous consent der of our time. non-title I funds. There are about 18 to that it be in order for these amend- The PRESIDING OFFICER. The 20 categorical programs. We took nine ments to be considered en bloc, and question is on agreeing to the amend- of those programs and basically said a any modifications, where applicable, be ment. State can apply, or a district can actu- agreed to, the amendments be agreed The amendment (No. 630) as modified, ally apply, and basically say we will to, en bloc, and the motions to recon- was agreed to. use that money in such a way that we sider be laid upon the table, en bloc. Mr. KENNEDY. I thank the Chair can identify locally with the flexibility They are Reed amendment No. 433, and I thank the Senator. and local control—which is so impor- Reed amendment No. 436, Reed amend- Ms. CANTWELL. Mr. President, I tant—we will address the needs we see ment No. 431, as modified, and Specter move to reconsider the vote. that are putting up a roadblock for us amendment No. 419. Mr. KENNEDY. I move to lay that to educate our children. The PRESIDING OFFICER. Without motion on the table. Linked to that is our agreement that objection, it is so ordered. The motion to lay on the table was the accountability of student achieve- The amendments were agreed to, as agreed to. ment we will demand by entering into follows: Mr. KENNEDY. Mr. President, we are this arrangement in order to obtain AMENDMENT NO. 433 expecting a vote in a few moments on those funds with such flexibility is that (Purpose: To amend a definition) the Dodd amendment. Sometime after we are going to meet higher standards On page 307, line 16, strike ‘‘and’’. that, we will be dealing with the than anywhere else in the bill. That On page 307, line 18, strike the period and Hutchinson amendment and then the insert ‘‘; and’’. was negotiated. Schumer proposal. There will be the On page 307, between lines 18 and 19, insert The other things we have not been Schumer proposal and then there will the following: talking about very much in terms of be another first-degree amendment. ‘‘(V) encourage and provide instruction on this whole concept of being a block how to work with and involve parents to fos- Then later in the afternoon, after grant. Let me just basically say it was ter student achievement.’’ those, we hope to consider the Clinton negotiated that the standards are high, amendments. AMENDMENT NO. 436 This gives an idea on how we are performance has to be demonstrated, or you drop out of that program. (Purpose: To make a technical correction going to be spending the early after- relating to parental involvement) noon, midafternoon. That ought to The second point I want to make is that we have come together to nego- On page 90, line 5, after ‘‘problems’’ insert bring us into mid-late afternoon. We the following: are making very important progress. tiate this part of the bill. The fact that ‘‘including problems, if any, in imple- We still have some important measures you would strip out a part of the bill menting the parental involvement require- yet to address. But we are making good where people say that is just one pro- ments described in section 1118, the profes- progress. We are very grateful for the gram, it needs to be understood that of sional development requirements described in section 1119, and the responsibilities of the cooperation of our colleagues. the overall funding that is in this pilot program—a pilot program we would school and local educational agency under I suggest the absence of a quorum. the school plan’’. The PRESIDING OFFICER. The like to see opened to all States, but, no, we negotiated if from 50 to 40 to 30 clerk will call the roll. AMENDMENT NO. 431, AS MODIFIED to 20 to 10 to 7; so we already nego- The legislative clerk proceeded to (Purpose: To provide for greater parental call the roll. tiated the categorical programs down. involvement) We all debated and decreased that from Mr. FRIST. Mr. President, I ask On page 125, line 6, insert ‘‘(a) IN GEN- unanimous consent that the order for 18 to 9, so it is as small as it can pos- ERAL.—’’ before ‘‘Section’’. the quorum call be rescinded. sibly be in this negotiated way. And if On page 127, between lines 20 and 21, insert The PRESIDING OFFICER. Without you remove a program that accounts the following: objection, it is so ordered. for about 40 percent of the funding, (b) GRANTS.—Section 1118(a)(3) (20 U.S.C. 6319(a)(3)) is amended by adding at the end AMENDMENT NO. 382 that destroys Straight A’s, this innovative program that is set before us. the following: Mr. FRIST. Mr. President, we will ‘‘(C)(i)(I) The Secretary is authorized to vote in about 7 minutes. I understand Therefore, I would argue that if our award grants to local educational agencies the Senator from Connecticut has 2 goal is to leave no child behind, we to enable the local educational agencies to minutes reserved prior to the vote. I should leave at least one element of supplement the implementation of the provi- will use several minutes in opposition hope in this bill to capture the flexi- sions of this section and to allow for the ex- to the amendment that has been put bility, the local control, and the strong pansion of other recognized and proven ini- forth by the Senator from Connecticut. accountability in which we, as Repub- tiatives and policies to improve student achievement through the involvement of I have had the opportunity to make licans, believe so strongly. Adoption of the Dodd amendment parents. some main points and speak in opposi- ‘‘(II) Each local educational agency desir- tion to this amendment. guts Straight A’s, guts this flexibility, ing a grant under this subparagraph shall It really boils down to two things. guts this local control, and guts this submit to the Secretary an application at The first is the area of procedure. The opportunity to truly leave no child be- such time, in such manner, and containing Dodd amendment strips out what has hind. Thus, I urge defeat of this amend- such information as the Secretary may re- been agreed to in a bipartisan way, ment by the Senator from Connecticut. quire. Democrats, Republicans, and the White The PRESIDING OFFICER (Mr. FITZ- ‘‘(ii) Each application submitted under clause (i)(II) shall describe the activities to GERALD). The Senator from Massachu- House, in negotiations that went on for be undertaken using funds received under days and weeks. Our colleagues abso- setts. this subparagraph, shall set forth the process lutely must understand that this Mr. KENNEDY. Mr. President, I yield by which the local educational agency will reaches into the agreement we have myself a minute and a half. annually evaluate the effectiveness of the and strips out and really destroys a The PRESIDING OFFICER. Without agency’s activities in improving student program called Straight A’s, a program objection, it is so ordered. achievement and increasing parental in- we feel very strongly about, a program Mr. KENNEDY. Mr. President, with volvement shall include an assurance that that captures many of the fundamental respect to the amendment No. 431, as the local educational agency will notify parents of the option to transfer their child to reforms and principles that I believe modified, I ask unanimous consent another public school under section 1116(c)(7) will strongly change the nature of edu- that the yeas and nays be vitiated. or to obtain supplemental services for their cation so that we will no longer have The PRESIDING OFFICER. Without child under section 1116(c)(8), in accordance this increasing achievement gap. Those objection, it is so ordered. with those sections. S6180 CONGRESSIONAL RECORD — SENATE June 13, 2001 ‘‘(iii) Each grant under this subparagraph which a national award is given to programs that we adopt this amendment. It isn’t shall be awarded for a 5-year period. assisted under this chapter which dem- me asking for this. This is not D’s and ‘‘(iv) The Secretary shall conduct a review onstrate program excellence in— R’s fighting with each other. These are of the activities carried out by each local ‘‘(A) transition services for reentry in and people every day who are out there try- educational agency using funds received completion of regular or other education under this subparagraph to determine wheth- programs operated by a local educational ing to make sure that kids can be in a er the local educational agency dem- agency; safe environment after school. That is onstrates improvement in student achieve- ‘‘(B) transition services to job training pro- really what this amounts to. Chiefs of ment and an increase in parental involve- grams and employment, utilizing existing police say it is important. School ad- ment. support programs such as One Stop Career ministrators will tell you it is impor- ‘‘(v) The Secretary shall terminate grants Centers; tant. to a local educational agency under this sub- ‘‘(C) transition services for participation in This does not destroy the block grant paragraph after the fourth year if the Sec- postsecondary education programs; retary determines that the evaluations con- ‘‘(D) the successful reentry into the com- program at all. This idea that it does is ducted by such agency and the reviews con- munity; and not based on any independent analysis ducted by the Secretary show no improve- ‘‘(E) the impact on recidivism reduction of it at all. So I urge this amendment ment in the local educational agency’s stu- for juvenile and adult programs. be adopted. It means a lot to our local dent achievement and no increase in such On page 242, line 19, strike ‘‘and’’. communities. We now have 11 million agency’s parental involvement. On page 242, line 22, strike the period and kids who are home alone at the end of ‘‘(vi) There are authorized to be appro- insert ‘‘; and’’. each school day. We need to do better On page 242, between lines 22 and 23, insert priated to carry out this subparagraph by these children. $100,000,000 for fiscal year 2002, and such sums the following: as may be necessary for each subsequent fis- ‘‘(5) participate in postsecondary education An afterschool program, based on the cal year.’’. and job training programs. 21st century concept, certainly is de- On page 243, line 6, insert ‘‘and the Sec- serving of that support. I urge adoption AMENDMENT NO. 419 retary’’ after ‘‘agency’’. of the amendment. (Purpose: To improve the provisions related AMENDMENT NO. 382 The PRESIDING OFFICER. The Sen- to initiatives for neglected, delinquent, or Mr. DODD. Mr. President, let me in- ator’s time has expired. at risk students) quire. I gather we have a unanimous Mr. DODD. Mr. President, I ask for On page 233, strike lines 9 through 14, and consent agreement to have 4 minutes the yeas and nays. insert the following: equally divided to make closing argu- The PRESIDING OFFICER. Is there a ‘‘(a) TRANSITION SERVICES.—Each State ments. sufficient second? agency shall reserve not less than 5 percent The PRESIDING OFFICER. The Sen- There is a sufficient second. and not more than 30 percent of the amount ator is correct. such agency receives under this chapter for The yeas and nays were ordered. any fiscal year to support— Mr. FRIST. We are done. Mr. KENNEDY. Mr. President, just 15 ‘‘(1) projects that facilitate the transition Mr. DODD. I have 2 minutes. seconds. We are going to hold Members The PRESIDING OFFICER. The Sen- of children and youth from State-operated accountable on the amount of time for ator from Connecticut. institutions to local educational agencies; or the vote on this amendment. So I hope Mr. DODD. Mr. President, briefly, I ‘‘(2) the successful reentry of youth offend- all Members will make it their busi- ers, who are age 20 or younger and have re- had printed in the RECORD letters in ness to be in the Chamber on time be- ceived a secondary school diploma or its rec- support of my afterschool amendment, cause we have to accommodate other ognized equivalent, into postsecondary edu- letters from Fight Crime: Invest in Members who have accommodated our cation and vocational training programs Kids, from 1,000 chiefs of police, pros- through strategies designed to expose the schedule. We are making good progress. ecutors, crime survivors, and police or- youth to, and prepare the youth for, postsec- We are going to conform to the Senate ganizations. Their letters are strong ondary education and vocational training rules in relation to the time for the letters in terms of the value of after- programs, such as— vote on this amendment. ‘‘(A) preplacement programs that allow ad- school programs. The PRESIDING OFFICER. The judicated or incarcerated students to audit Seventy percent of the chiefs of po- or attend courses on college, university, or lice have said the best method for re- question is on agreeing to Dodd amend- community college campuses, or through ducing the problems of afterschool vio- ment No. 382. The yeas and nays have programs provided in institutional settings; lence is a good afterschool program. been ordered. The clerk will call the ‘‘(B) worksite schools, in which institu- There have been almost 3,000 applica- roll. tions of higher education and private or pub- The assistant legislative clerk called lic employers partner to create programs to tions for 21st century learning centers since the concept was introduced a the roll. help students make a successful transition Mr. REID. I announce that the Sen- to postsecondary education and employment; number of years ago. It has been the ‘‘(C) essential support services to ensure largest single request from local com- ator from Delaware (Mr. BIDEN) and the the success of the youth, such as— munities and community-based organi- Senator from Louisiana (Ms. ‘‘(i) personal, vocational, and academic zations in the history of the Depart- LANDRIEU) are necessarily absent. counseling; ment of Education. I further announce that, if present ‘‘(ii) placement services designed to place My point is simply this. I am willing and voting, the Senator from Delaware the youth in a university, college, or junior to support, and I support the Straight (Mr. BIDEN) would vote ‘‘aye.’’ college program; The PRESIDING OFFICER. Are there ‘‘(iii) health services; A’s block grant program. I want to ‘‘(iv) information concerning, and assist- take out, however, the 5.7 percent of any other Senators in the Chamber de- ance in obtaining, available student finan- funding—that is all it amounts to—for siring to vote? cial aid; afterschool programs. That program The result was announced—yeas 47, ‘‘(v) exposure to cultural events; and ought not end up subject to the vagar- nays 51, as follows: ‘‘(vi) job placement services. ies of what happens to a State edu- [Rollcall Vote No. 184 Leg.] On page 233, strike lines 20 through 24. cation agency. On page 234, between lines 4 and 5, insert YEAS—47 the following: We ought to let local communities Akaka Durbin Lincoln ‘‘SEC. 1419. EVALUATION; TECHNICAL ASSIST- decide whether or not they want an Baucus Edwards Mikulski ANCE; ANNUAL MODEL PROGRAM. afterschool program. We are going to Bayh Feingold Murray say in 7 States, in 25 school districts— Bingaman Feinstein Nelson (FL) ‘‘The Secretary shall reserve not more Boxer Graham than 5 percent of the amount made available that could comprise as many as 26 mil- Nelson (NE) Byrd Harkin Reed to carry out this chapter for a fiscal year— lion children—for the next 7 years, that Cantwell Hollings Reid ‘‘(1) to develop a uniform model to evalu- afterschool programs will be left to a Carnahan Inouye Rockefeller Cleland Jeffords ate the effectiveness of programs assisted Sarbanes jump ball, in effect. Clinton Johnson under this chapter; Schumer This is a program that is supported Conrad Kennedy ‘‘(2) to provide technical assistance to and Snowe by Boys Clubs and Girls Clubs. I have Corzine Kerry support the capacity building of State agen- Stabenow strong letters from the YMCAs, Daschle Kohl cy programs assisted under this chapter; and Dayton Leahy Torricelli ‘‘(3) to create an annual model correctional YWCAs—the 2,500 across the country— Dodd Levin Wellstone youthful offender program event under that urge—in fact, beg in this letter— Dorgan Lieberman Wyden June 13, 2001 CONGRESSIONAL RECORD — SENATE S6181 NAYS—51 (1) Service in the Armed Forces of the mentary and Secondary Education Act to Allard Ensign McConnell United States is voluntary. educate principals, school administrators, Allen Enzi Miller (2) Recruiting quality persons in the num- and other educators regarding career oppor- Bennett Fitzgerald Murkowski bers necessary to maintain the strengths of tunities in the Armed Forces, and the access Bond Frist Nickles the Armed Forces authorized by Congress is standard required under section 503 of title Breaux Gramm Roberts vital to the United States national defense. 10, United States Code. Brownback Grassley Santorum (3) Recruiting quality servicemembers is (B) TARGETED SCHOOLS.—In selecting Bunning Gregg Sessions very challenging, and as a result, Armed Burns Hagel Shelby schools for awards required under subpara- Campbell Hatch Smith (NH) Forces recruiters must devote extraordinary graph (A), the Secretary shall give priority Carper Helms Smith (OR) time and effort to their work in order to fill to selecting schools that are included on the Chafee Hutchinson Specter monthly requirements for immediate acces- lists transmitted to Congress under para- Cochran Hutchison Stevens sions. graph (1). Collins Inhofe Thomas (4) In meeting goals for recruiting high SEC. 903. MILITARY RECRUITING ON CAMPUS. Craig Kyl Thompson quality men and women, each of the Armed (a) DENIAL OF FUNDS.— Crapo Lott Thurmond Forces faces intense competition from the (1) PROHIBITION.—No funds available to the DeWine Lugar Voinovich other Armed Forces, from the private sector, Domenici McCain Warner Department of Defense may be provided by and from institutions offering postsecondary grant or contract to any institution of high- NOT VOTING—2 education. er education (including any school of law, Biden Landrieu (5) Despite a variety of innovative ap- whether or not accredited by the American proaches taken by recruiters, and the exten- Bar Association) that has a policy of deny- The amendment (No. 382) was re- sive benefits that are available to those who jected. ing, or which effectively prevents, the Sec- join the Armed Forces, it is becoming in- retary of Defense from obtaining for military Mr. REID. I move to reconsider the creasingly difficult for the Armed Forces to recruiting purposes— vote. meet recruiting goals. (A) entry to campuses or access to stu- Mr. KENNEDY. I move to lay that (6) A number of high schools across the dents on campuses; or motion on the table. country have denied recruiters access to stu- (B) access to directory information per- The motion to lay on the table was dents or to student directory information. taining to students. (7) In 1999, the Army was denied access on agreed to. (2) COVERED STUDENTS.—Students referred 4,515 occasions, the Navy was denied access to in paragraph (1) are individuals who are 17 The PRESIDING OFFICER. The Sen- on 4,364 occasions, the Marine Corps was de- ator from Delaware. years of age or older. nied access on 4,884 occasions, and the Air (b) PROCEDURES FOR DETERMINATION.—The Mr. BIDEN. Mr. President, I missed Force was denied access on 5,465 occasions. Secretary of Defense, in consultation with this vote by a couple seconds. I was (8) As of the beginning of 2000, nearly 25 the Secretary of Education, shall prescribe conducting a hearing on the Balkans. percent of all high schools in the United regulations that contain procedures for de- It was my fault. I am not suggesting States did not release student directory in- termining if and when an educational insti- that it is anybody’s fault but mine. But formation requested by Armed Forces re- tution has denied or prevented access to stu- cruiters. dents or information described in subsection if I had been here in time to vote, I (9) In testimony presented to the Com- want the RECORD to reflect that I (a). mittee on Armed Services of the Senate, re- (c) DEFINITION.—For purposes of this sec- would have voted for the Dodd amend- cruiters stated that the single biggest obsta- tion, the term ‘‘directory information’’ ment. I realize I cannot have my vote cle to carrying out the recruiting mission means, with respect to a student, the stu- recorded, but I want to be recorded as was denial of access to student directory in- dent’s name, address, telephone listing, date being in favor of the Dodd amendment formation, as the student directory is the and place of birth, level of education, degrees if I had been here in time. I apologize basic tool of the recruiter. received, and the most recent previous edu- (10) Denying recruiters direct access to to my colleagues. cational institution enrolled in by the stu- students and to student directory informa- dent. The PRESIDING OFFICER. The Sen- tion unfairly hurts the youth of the United ator from Nevada. States, as it prevents students from receiv- Mr. HUTCHINSON. Mr. President, I Mr. REID. Mr. President, I suggest ing important information on the education want to make a brief presentation on the absence of a quorum. and training benefits offered by the Armed this amendment and the need for this The PRESIDING OFFICER. The Forces and impairs students’ decisionmaking amendment. Senator SESSIONS may clerk will call the roll. on careers by limiting the information on also wish to make a brief statement re- The assistant legislative clerk pro- the options available to them. garding this amendment. (11) Denying recruiters direct access to I believe in discussions with Senator ceeded to call the roll. students and to student directory informa- Mr. HUTCHINSON. Mr. President, I tion undermines United States national de- KENNEDY and Senator REID this amend- ask unanimous consent that the order fense, and makes it more difficult to recruit ment has been agreed to, but I do want for the quorum call be rescinded. high quality young Americans in numbers to make a brief statement about it and The PRESIDING OFFICER. Without sufficient to maintain the readiness of the give Senator SESSIONS an opportunity objection, it is so ordered. Armed Forces and to provide for the national to do likewise. security. AMENDMENT NO. 555, AS MODIFIED In my role last year as chairman of (12) Section 503 of title 10, United States the Personnel Subcommittee on Armed Mr. HUTCHINSON. Mr. President, I Code, requires local educational agencies, as ask for the regular order in relation to Services, we held two hearings regard- of July 1, 2002, to provide recruiters access to ing recruitment to our armed services. amendment No. 555. secondary schools on the same basis that The PRESIDING OFFICER. The Sen- those agencies provide access to representa- One of the tragedies I became aware of ator has that right, and the amend- tives of colleges, universities, and private was there are literally thousands of ment is now pending. sector employers. high schools across the United States (b) CAMPAIGN TO PROMOTE ACCESS.— that have denied access to our military AMENDMENT NO. 555, AS FURTHER MODIFIED (1) REPORT.—Not later than 30 days after recruiters. That is a national shame. Mr. HUTCHINSON. Mr. President, I the date of enactment of this Act, each State In fact, we found that in 1999, which send a further modification to amend- shall transmit to the Secretary of Education is the last year figures are available, ment No. 555 to the desk and ask unan- a list of each school, if any, in that State the Army was denied access to 4,515 imous consent it be so modified. that— (A) during the 12 months preceding the high schools; The Navy was denied ac- The PRESIDING OFFICER. Is there cess to 4,364 high schools; The Marine objection to the request to further date of enactment of this Act, has denied access to students or to student directory in- Corps was denied access to 4,884 high modify the amendment? Without objec- formation to a military recruiter; or schools; and the Air Force was denied tion, it is so ordered. (B) has in effect a policy to deny access to access to 5,465 high schools. The amendment, as further modified, students or to student directory information These same high schools across the is as follows: to military recruiters. country are providing student direc- At the end of title IX add the following: (2) EDUCATION PROGRAM.— tory information to college recruiters. 902. DEPARTMENT OF EDUCATION CAMPAIGN TO (A) IN GENERAL.—The Secretary of Edu- They are providing routine access to cation, in consultation with the Secretary of PROMOTE ACCESS OF ARMED employers, to class ring companies. I FORCES RECRUITERS TO STUDENT Defense, shall, not later than 90 days after DIRECTORY INFORMATION. the date of enactment of this Act, make was very concerned about this. As a re- (a) FINDINGS.—The Senate makes the fol- awards to States and schools using funds sult, I put a provision in last year’s De- lowing findings: available under section 6201(d) of the Ele- fense authorization bill that required S6182 CONGRESSIONAL RECORD — SENATE June 13, 2001 those high schools that want to deny I am also pleased Senator SESSIONS of make a big step in eliminating the access to go through a process in which Alabama called to my attention an- problem. If it does not, we may have to the publicly elected school board mem- other problem that has developed. I have more specific legislation in the bers would have to vote proactively to yield to Senator SESSIONS for a state- future. deny access on a discriminatory basis ment about that provision he has added I thank the Chair. I thank Senator to military recruiters. in a modification to the amendment. HUTCHINSON. I thank Senator KENNEDY I do not think many are going to do The PRESIDING OFFICER. The Sen- and Senator GREGG. that. The thousands of schools that are ator from Alabama. Mr. KENNEDY. Mr. President, I un- denying access are doing so usually at Mr. SESSIONS. I thank the Senator derstand that the final modification the whim of a principal or super- from Arkansas for his leadership on may take a moment or two. There is intendent who, for one reason or an- this important issue. The U.S. military the question about out of which fund other, does not believe recruiters has been a guardian of liberty for the the resources will come. I understand should come on campus. United States and for freedom-loving the proponents want it out of the Sec- I believe they should have equal ac- people all over the world. It has pre- retary’s discretionary fund rather than cess. To the extent they allow college served our freedom. I wish it were not the initial funding, which was about recruiters and employers to recruit, so that we had to have a military, but $125 million that was going to be used then our military recruiters should be we do, and it is critically important for bonuses for States and communities able to come on that campus and tell the men and women in the military that meet their responsibilities in de- their story, and they have a great story have the best education, and they re- veloping their tests. We are just check- to tell. They have a story to tell about cruit the best young people in America, ing on the cross-reference number. career opportunities in our armed serv- urging them to consider a career in the That aside, I thank Senator HUTCH- INSON and Senator SESSIONS for their ices. They have a story to tell about military. educational benefits that are offered in There is a group that is active in cooperation in working this amendment through. We have a procedure in the armed services. They have a story America that sometimes is hostile to place now so we can focus responsi- to tell about what Congress has done to that. One of the most astounding bility if there is a denial for access to enhance health care benefits for those things I learned a few years ago as at- the campuses of this country. It does who make a career in the armed serv- torney general of the State of Ala- seem to me that the armed services ices. They have a great story to tell bama, a young man I hired to work in ought to have the same ability for ac- young people, and young people need to my office went to law school, and the cess to students as other groups that have this career option laid out before law school he attended would not allow are recruiting at these universities and them. The military should not be dis- military recruiters to come on the law colleges and schools. I think that is a criminated against. school campus to solicit lawyers to rather basic and fundamental concept We put those provisions in, and Sen- join the military. I was astounded. He and one with which I agree. ator KENNEDY worked closely with us said the students got up a petition to I think we have a proposal to try to ensuring it was not too heavy handed. protest it. I thought he was kidding. He move that process forward. There is In fact, there is a whole process set up was not kidding. In fact, that was the some existing legislation in place. This in which schools that are denying ac- circumstance. is a restatement of that legislation be- cess will have everyone clear up to the I talked to the dean and I later draft- cause there has been some question in Secretary of Defense notified. The Gov- ed legislation to require that law some minds whether the existing legis- ernor of the State will be notified, and schools allow recruiters on campus. lation did the job. I thought the mem- a process is put in place whereby what- They told me apparently it is a prob- ber of the Committee on Armed Serv- ever problems may have led to that dis- lem, and it may be a reality all over ices, the one who had visited this issue criminatory denial of access can be ad- America. They said the reason this was previously, thought it did, but we have dressed and hopefully amicably ad- occurring was because the accrediting some additional ways of encouraging dressed so recruiters can get into the agencies for law schools take the posi- schools and colleges and law schools to schools again. tion that the ‘‘don’t ask, don’t tell’’ give consideration to recruiters. That Only when a publicly elected school policy of the U.S. military, approved has been included in this amendment. board votes publicly to deny access will by former President Bill Clinton, is dis- That is acceptable to me, and I hope they be able to opt out of the bill. If criminatory and, therefore, law schools when it is finalized, which should be in they ignore the law, which was passed cannot allow anybody who discrimi- a moment, we will move ahead and ac- by the Congress last year and signed nates to come on campus. So they have cept the amendment. into law, they open themselves to a made that an accrediting factor and Mr. GREGG. Mr. President, I join Federal lawsuit. have intimidated law schools. with my colleagues, and I especially What we are finding out now is we This unelected group—who they are, thank the Senator from Arkansas and are approaching the 1 year out from I am not sure; perhaps they are left- the Senator from Alabama for bringing when the law takes effect. Recruiters over antiwar activists—is dictating this amendment forward. I think it is have told me this year, personnel this around the country. absolutely essential that we, as the chiefs have told me this year that they I think this legislation will be a Senate, put ourselves unalterably on are finding principals do not know healthy signal that the Senate says, as the record, in a clear manner, that we there has been a change in the law. Su- I told this law school dean: You have believe the armed services have every perintendents simply do not know that freedom. We have a rule of law in right, and in fact colleges have an obli- this is the new law of the land. America today because men and gation to allow them, to recruit on My amendment tells the Secretary of women in uniform have defended their campuses, whether they be law Education that he must begin an edu- against the Communist totalitarians, schools, whether they be graduate cational campaign in the course of this the Nazi oppressors, and defeated them schools, or whether they be under- next year so superintendents and prin- and preserved liberty. The very con- graduate schools. cipals are not going to have the excuse cept, the very idea that a legal arm of The attempt to exclude the military that they did not know. They are going the Defense Department, the JAG offi- services from different colleges is an to know what the new policy is. They cers, are not respected and cannot re- example of political correctness run to are going to know what the new law is cruit on the campus of the best law its extreme. As the branch of govern- and begin, hopefully, to prepare for schools is unacceptable. ment which funds the armed services July 1, 2001, when that law takes effect. I appreciate the opportunity that and which has a critical obligation of I am very pleased that on both sides of Senator HUTCHINSON has provided to making sure the armed services is the aisle, in a bipartisan way, there is allow this amendment be included as a filled with talented citizens, it is our an agreement. This has been a good part of his legislation. I think it is obligation to recruit aggressively. The step to take. This is a good vehicle for good public policy. I think it is wrong natural place to recruit is in the higher this provision in the Elementary and to allow this to happen in America system of education and in our high Secondary Education Act. today. I think this legislation could schools. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6183 I congratulate the Senator. It is an ‘‘(1) a description of the high-need commu- grant funds to carry out activities that will excellent amendment. I look forward nity to be served by the project, including improve the knowledge and skills of early to its passage. such demographic and socioeconomic infor- childhood educators who are working in Mr. DODD. Mr. President, I ask unan- mation as the Secretary may request; early childhood programs that are located in ‘‘(2) information on the quality of the early high-need communities and serve concentra- imous consent the Hutchinson amend- childhood educator professional development tions of children from low-income families. ment be temporarily laid aside so I program currently conducted by the institu- ‘‘(b) ALLOWABLE ACTIVITIES.—Such activi- may offer an amendment which I be- tion of higher education or other provider in ties may include— lieve will be accepted. the partnership; ‘‘(1) professional development for individ- The PRESIDING OFFICER. Without ‘‘(3) the results of the needs assessment uals working as early childhood educators, objection, it is so ordered. that the entities in the partnership have un- particularly to familiarize those individuals with the application of recent research on AMENDMENT NO. 456, AS MODIFIED, TO dertaken to determine the most critical pro- child, language, and literacy development AMENDMENT NO. 358 fessional development needs of the early and on early childhood pedagogy; Mr. DODD. I send a modification of childhood educators to be served by the partnership and in the broader community, and a ‘‘(2) professional development for early the early childhood educator profes- description of how the proposed project will childhood educators in working with par- sional development amendment No. 456 address those needs; ents, based on the best current research on to the desk and ask for its immediate ‘‘(4) a description of how the proposed child social, emotional, physical and cog- consideration. project will be carried out, including— nitive development and parent involvement, The PRESIDING OFFICER. The ‘‘(A) how individuals will be selected to so that the educators can prepare their chil- clerk will report. participate; dren to succeed in school; The assistant legislative clerk read ‘‘(B) the types of research-based profes- ‘‘(3) professional development for early as follows: sional development activities that will be childhood educators to work with children carried out; who have limited English proficiency, dis- The Senator from Connecticut [Mr. DODD], ‘‘(C) how research on effective professional abilities, and other special needs; for himself and Mr. CORZINE, proposes an development and on adult learning will be ‘‘(4) professional development to train amendment numbered 456, as modified. used to design and deliver project activities; early childhood educators in identifying and Mr. DODD. I ask unanimous consent ‘‘(D) how the project will coordinate with preventing behavioral problems in children that reading of the amendment be dis- and build on, and will not supplant or dupli- or working with children identified or sus- pensed with. cate, early childhood education professional pected to be victims of abuse; The amendment is as follows: development activities that exist in the com- ‘‘(5) activities that assist and support early On page 383, after line 21, add the fol- munity; childhood educators during their first three lowing: ‘‘(E) how the project will train early child- years in the field; hood educators to provide services that are ‘‘(6) development and implementation of ‘‘PART E—EARLY CHILDHOOD EDUCATOR based on developmentally appropriate prac- early childhood educator professional devel- PROFESSIONAL DEVELOPMENT tices and the best available research on child opment programs that make use of distance ‘‘SEC. 2501. PURPOSE. social, emotional, physical and cognitive de- learning and other technologies; ‘‘In support of the national effort to attain velopment and on early childhood pedagogy; ‘‘(7) professional development activities re- the first of America’s Education Goals, the ‘‘(F) how the program will train early lated to the selection and use of screening purpose of this part is to enhance the school childhood educators to meet the diverse edu- and diagnostic assessments to improve readiness of young children, particularly dis- cational needs of children in the community, teaching and learning; and advantaged young children, and to prevent including children who have limited English ‘‘(8) data collection, evaluation, and re- them from encountering difficulties once proficiency, disabilities, or other special porting needed to meet the requirements of they enter school, by improving the knowl- needs; and this part relating to accountability. edge and skills of early childhood educators ‘‘(G) how the project will train early child- ‘‘SEC. 2506. ACCOUNTABILITY. who work in communities that have high hood educators in identifying and preventing ‘‘(a) PERFORMANCE INDICATORS.—Simulta- concentrations of children living in poverty. behavioral problems or working with chil- neously with the publication of any applica- ‘‘SEC. 2502. PROGRAM AUTHORIZED. dren identified as or suspected to be victims tion notice for grants under this part, the ‘‘(a) GRANTS TO PARTNERSHIPS.—The Sec- of abuse; Secretary shall announce performance indi- retary shall carry out the purpose of this ‘‘(5) a description of— cators for this part, which shall be designed part by awarding grants, on a competitive ‘‘(A) the specific objectives that the part- to measure— basis, to partnerships consisting of— nership will seek to attain through the ‘‘(1) the quality and accessibility of the ‘‘(1)(A) one or more institutions of higher project, and how the partnership will meas- professional development provided; education that provide professional develop- ure progress toward attainment of those ob- ‘‘(2) the impact of that professional devel- ment for early childhood educators who jectives; and opment on the early childhood education work with children from low-income families ‘‘(B) how the objectives and the measure- provided by the individuals who are trained; in high-need communities; or ment activities align with the performance and ‘‘(B) another public or private entity that indicators established by the Secretary ‘‘(3) such other measures of program im- provides such professional development; under section 2506(a); pact as the Secretary determines appro- ‘‘(2) one or more public agencies (including ‘‘(6) a description of the partnership’s plan priate. local educational agencies, State edu- for continuing the activities carried out ‘‘(b) ANNUAL REPORTS; TERMINATION.— cational agencies, State human services under the project, so that the activities con- ‘‘(1) ANNUAL REPORTS.—Each partnership agencies, and State and local agencies ad- tinue once Federal funding ceases; receiving a grant under this part shall report ministering programs under the Child Care ‘‘(7) an assurance that, where applicable, annually to the Secretary on the partner- and Development Block Grant Act of 1990), the project will provide appropriate profes- ship’s progress against the performance indi- Head Start agencies, or private organiza- sional development to volunteers working cators. tions; and directly with young children, as well as to ‘‘(2) TERMINATION.—The Secretary may ter- ‘‘(3) to the extent feasible, an entity with paid staff; and minate a grant under this part at any time demonstrated experience in providing train- ‘‘(8) an assurance that, in developing its if the Secretary determines that the partner- ing to educators in early childhood edu- application and in carrying out its project, ship is not making satisfactory progress cation programs in identifying and pre- the partnership has consulted with, and will against the indicators. venting behavior problems or working with consult with, relevant agencies, early child- ‘‘SEC. 2507. COST-SHARING. children identified or suspected to be victims hood educator organizations, and early child- ‘‘(a) IN GENERAL.—Each partnership shall of abuse. hood providers that are not members of the provide, from other sources, which may in- ‘‘(b) DURATION AND NUMBER OF GRANTS.— partnership. clude other Federal sources— ‘‘(1) DURATION.—Each grant under this part ‘‘SEC. 2504. SELECTION OF GRANTEES. ‘‘(1) at least 50 percent of the total cost of shall be awarded for not more than 4 years. ‘‘(a) CRITERIA.—The Secretary shall select its project for the grant period; and ‘‘(2) NUMBER.—No partnership may receive partnerships to receive funding on the basis ‘‘(2) at least 20 percent of the project cost more than 1 grant under this part. of the community’s need for assistance and in each year. ‘‘SEC. 2503. APPLICATIONS. the quality of the applications. ‘‘(b) ACCEPTABLE CONTRIBUTIONS.—A part- ‘‘(a) APPLICATIONS REQUIRED.—Any part- ‘‘(b) GEOGRAPHIC DISTRIBUTION.—In select- nership may meet the requirement of sub- nership that desires to receive a grant under ing partnerships, the Secretary shall seek to section (a) through cash or in-kind contribu- this part shall submit an application to the ensure that communities in different regions tions, fairly valued. Secretary at such time, in such manner, and of the Nation, as well as both urban and ‘‘(c) WAIVERS.—The Secretary may waive containing such information as the Sec- rural communities, are served. or modify the requirements of subsection (a) retary may require. ‘‘SEC. 2505. USES OF FUNDS. in cases of demonstrated financial hardship. ‘‘(b) CONTENTS.—Each such application ‘‘(a) IN GENERAL.—Each partnership receiv- ‘‘SEC. 2508. DEFINITIONS. shall include— ing a grant under this part shall use the ‘‘In this part: S6184 CONGRESSIONAL RECORD — SENATE June 13, 2001 ‘‘(1) HIGH-NEED COMMUNITY.— stressed the importance of quality The PRESIDING OFFICER. Is there ‘‘(A) IN GENERAL.—The term ‘high-need early childhood education to child de- further debate? If not, the question is community’ means— velopment. on agreeing to the amendment. ‘‘(i) a municipality, or a portion of a mu- And, many other studies confirm The amendment (No. 456), as modi- nicipality, in which at least 50 percent of the that children who attend early child- fied, was agreed to. children are from low-income families; or Mr. DODD. Mr. President, I move to ‘‘(ii) a municipality that is one of the 10 hood education programs led by highly percent of municipalities within the State qualified educators are more likely to reconsider the vote. having the greatest numbers of such chil- have better behavior skills, more en- Mr. KENNEDY. I move to lay that dren. riched vocabularies and pre-reading motion on the table. ‘‘(B) DETERMINATION.—In determining skills, and to succeed in school. The motion to lay on the table was which communities are described in subpara- Yet we do not give the caregivers and agreed to. graph (A), the Secretary shall use such data teachers who nurture 13 million chil- PREVIOUSLY SUBMITTED AMENDMENT NO. 458 as the Secretary determines are most accu- dren outside of their homes every day Mr. DODD. Mr. President, I am not rate and appropriate. the training that they want and need. going to offer this amendment. I will ‘‘(2) LOW-INCOME FAMILY.—The term ‘low- Many child care and preschool teach- ask unanimous consent the amendment income family’ means a family with an in- be printed in the RECORD, the one I was come below the poverty line (as defined by ers have only a high school diploma. the Office of Management and Budget and re- And, often, preschool teachers receive about to offer on equity for Puerto vised annually in accordance with section only ten hours of training each year. Rico, amendment No. 458. I ask unani- 673(2) of the Community Services Block Children who can’t interact well with mous consent this amendment be Grant Act (42 U.S.C. 9902(2))) applicable to a other children or their teachers are printed in the RECORD. family of the size involved for the most re- going to have a better chance at learn- (The amendment is printed in the cent fiscal year for which satisfactory data ing to read if we develop their reading RECORD of May 9, 2001, under ‘‘Amend- are available. skills in conjunction with their other ments Submitted.’’) ‘‘(3) EARLY CHILDHOOD EDUCATOR.—The developmental needs. Mr. DODD. I do not intend to offer term ‘early childhood educator’ means a per- For children to be ready for school this amendment, but I wanted to raise son providing or employed by a provider of it as a subject matter that has been non-residential child care services (including and to learn to read, their early child- center-based, family-based, and in-home hood educators must have the training discussed both in the other body and child care services) that is legally operating to help them develop intellectually and here. As we all know, Puerto Rico is under State law, and that complies with ap- socially. part of America. They do not have Sen- plicable State and local requirements for the This amendment would provide for ators here, so from time to time those provision of child care services to children at grants to local partnerships to train of us who have been involved and care any age from birth through kindergarten. early childhood educators in children’s about the hundreds of thousands, mil- ‘‘SEC. 2509. FEDERAL COORDINATION. social, emotional, cognitive, and phys- lions of people who live on the island of ‘‘The Secretary and the Secretary of ical development, including ways to Puerto Rico, and the 600,000 children on Health and Human Services shall coordinate identify and prevent behavior problems that island, and the quality of edu- activities under this part and other early cation they receive, take on the re- childhood programs administered by the two and children who are victims of abuse. Secretaries. Violence prevention must begin with sponsibility of trying to raise the ‘‘SEC. 2510. AUTHORIZATION OF APPROPRIA- very young children. With the skills issues that are important to these fel- TIONS. and knowledge on how to effectively low Americans. ‘‘For the purpose of carrying out this part, help young children deal with anger This amendment I will not offer right there are authorized to be appropriated and conflict without violence and to now. The House has included some lan- $30,000,000 for fiscal year 2002 and such sums support their learning, many more guage to deal with title I education in as may be necessary for each of the 6 suc- children will succeed in school and be- Puerto Rico. I am hopeful in con- ceeding fiscal years.’’. yond. ference maybe we can work out some The PRESIDING OFFICER. The If we can deal with these issues early accommodation that will serve these amendment is so modified. in life, we can help prevent negative, children. Mr. DODD. I have cleared the modi- even violent, behavioral problems Title I is very important to Puerto fication with the manager and the later. Rico because of the island’s high con- ranking member. I offer this amend- We must invest in the teachers of our centration of low-income children. Mr. ment on behalf of myself and Senator young children. President, 93 percent of Puerto Rico’s CORZINE of New Jersey. It is the early This amendment is supported by a public schools participate in title I. childhood educator professional devel- long list of organizations representing More than 600,000 children benefit from opment amendment. the early childhood educator commu- the title I program. The cost of edu- We have been talking a lot in the last nity, including the American Federa- cating children in Puerto Rico is com- few days about raising the quality of tion of Teachers, the Children’s De- parable to the cost of educating chil- education for all children. Learning fense Fund, the Departments of Edu- dren in the 50 States. In fact, the cost starts, as we all know, very early—ear- cation in Maryland, New York State, of living in San Juan, Puerto Rico, its lier than most people imagined a few Oregon, Rhode Island, and South Caro- capital, is higher than the cost of liv- years ago. If we want to succeed with lina, the National Association for the ing in most other major American cit- educational reform, we have to help Education of young Children, the Na- ies. Failure to provide equitable treat- those educators work with very young tional Head Start Association, the ment to Puerto Rico and its children children. YMCA, the YWCA, and many others. who are American citizens, American We know from research that quality I ask my colleagues to join me in children, perpetuates a system that de- child care makes a difference in chil- Senator CORZINE in supporting this im- nies those children the access to qual- dren’s readiness for school, their be- portant amendment. ity education that every child deserves. havior, and their social and emotional I think the amendment is being The President has articulated in his development. agreed to. statements that we should be leaving A study following children in Chicago The PRESIDING OFFICER. The Sen- no child behind in this country. The enrolled in the Child Parent Program ator from Washington. Puerto Rican children, as I said, have and other early childhood programs Mrs. MURRAY. Mr. President, I com- no Senators to represent them. They over a 15 year period, reported in the mend the Senator from Connecticut for do have a very fine Representative in May 9, 2001 Journal of the American his initiative in this area. He makes a the other body, ANI´BAL ACEVEDO-VILA´ , Medical Association, shows that low- number of good points about the need who represents the island of Puerto income children in high-quality, com- for high-quality teachers being in- Rico in the other body. He does not prehensive early childhood education volved in early childhood education have a vote, but he has a voice. He programs have lower rates of juvenile programs. The amendment is accept- votes in committees. He has talked to arrests and violent arrests. able to the managers on this side. me and other Members about the im- The National Academy of Sciences’ If there is no other debate, I will urge portance of title I funding in Puerto report, Neurons to Neighborhoods, also its adoption. Rico. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6185 So on behalf of my colleague in the friends in Puerto Rico and hopefully ment regarding funding, which is at other body, on behalf of the 600,000 with the administration to move us in the desk, the debate be limited to 40 children in Puerto Rico and their fami- the direction of treating them equi- minutes; further, that the debate on lies, I put this amendment in the tably and fairly. They are not so treat- the two amendments be divided as fol- RECORD. I raise the issue here to let ed at this time. I think the American low: Senators SCHUMER, DOMENICI, them know we will continue to pursue people would certainly support that. GREGG, and KENNEDY; further, that this matter when it comes up in con- If we are able to get the additional upon the use or yielding back of the ference. funding, which I am hopeful we are time, the Senate vote in relation to the Puerto Rico is working very hard to able to do, the opportunities will be Domenici amendment followed by 4 help its children compete. Over the last even greater. But I thank the Senator minutes for closing debate, and a vote 5 years, it has increased its per pupil for bringing up this subject. in relation to the Schumer amendment investment in education by 58 percent. We want to give full notice to all of with no second-degree amendments be That is more than any State in the our colleagues that we are going to try in order. United States and more than the na- to find a way to treat Puerto Rico fair- Ms. COLLINS. Mr. President, reserv- tional average, but because of the un- ly, as they should be treated and as ing the right to object, I will not ob- fair treatment we give this group of they are not being treated at the ject. I wonder if we could add ‘‘or their Americans, Puerto Rican children represent time. designee.’’ ceive only three-quarters of the re- I thank the Senator for bringing this Mr. KENNEDY. I so add ‘‘or their sources they would receive were they matter to our attention. designee.’’ to move to Connecticut, Rhode Island, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there or any other State. Even though they ator from New York. objection? are American citizens, we do not pro- Mr. SCHUMER. Mr. President, I join Without objection, it is so ordered. vide them the full funding every other my friend and colleague from Massa- The Senator from New York is recog- State gets under title I under propor- chusetts in saluting the Senator from nized. tionality, so these fellow citizens of Connecticut and the Senator from New AMENDMENT NO. 800 TO AMENDMENT NO. 358 ours are not treated as equally as oth- Jersey for this outstanding amend- Mr. SCHUMER. Mr. President, I send ers. ment. I think it has been summed up an amendment to the desk. On behalf of the people of Puerto well by both speakers. The funding in The PRESIDING OFFICER. The Rico, I hope that situation will be cor- Puerto Rico is not what it should be. clerk will report. rected. We will fight very hard for it in Certainly given that every Puerto The legislative clerk read as follows: conference, but recognizing the reali- Rican is an American citizen, given the The Senator from New York [Mr. SCHUMER] ties here on the floor, I am fearful such fact that we have, particularly with proposes an amendment numbered 800. an amendment might fail. I think there my State and so many of the others, Mr. SCHUMER. Mr. President, I ask is a better chance of working out some- people who are going back and forth, unanimous consent that reading of the thing with the other body in con- educated in one, work in the other, and amendment be dispensed with. ference that will accommodate these go back home to retire, we want the The PRESIDING OFFICER. Without people. best educated people in Puerto Rico objection, it is so ordered. The 516,000 poor children in Puerto that we can have. The amendment is as follows: Rico should know we have not given up Title I said we are going to do that (Purpose: To express the sense of the Senate and we will carry on this battle in con- for people who are less advantaged that Congress should appropriate all funds ference. than the rest of us. To exclude Puerto authorized for elementary and secondary The PRESIDING OFFICER (Mr. Rico from that formula is both unfair education in fiscal year 2002) JOHNSON). The Senator from Massachu- to their birthright as citizens, to the At the appropriate place insert the fol- setts. fact they fight in the military, to the lowing: Mr. KENNEDY. Mr. President, I join fact that they do all the things all of SEC. 902. SENSE OF THE SENATE ON APPROPRIA- TION OF ALL FUNDS AUTHORIZED with my friend and colleague from Con- us do, and at the same time it is also FOR ELEMENTARY AND SECONDARY necticut in pointing out to this body foolish because a better educated Puer- EDUCATION. the unfairness of the treatment of to Rico makes a stronger America and (a) FINDINGS.—The Senate finds that— Puerto Rico. a stronger American economy. (1) President George W. Bush has said that If I am not mistaken, I think they Certainly it affects the State that I bipartisan education reform will be the cor- have a greater participation in the represent very directly. nerstone of his administration and that no child should be left behind; military forces of this country than This is an excellent amendment. I any State or other territory. I remem- (2) the Bush administration has said that think the Senator from Connecticut too many of the neediest students of our Na- ber at one time when we were battling has done the right thing by not forcing tion are being left behind and that the Fed- on questions of the Food Stamp Pro- the debate. I join him in an earnest eral Government can, and must, help close gram pointing out the number of Puer- wish that the conferees will take care the achievement gap between disadvantaged to Rican Congressional Medal of Honor of this problem in conference so that students and their peers; winners in the conflicts of this Nation. we will finally do right by the children (3) more of the children of our Nation are They are, in many instances, the ear- of Puerto Rico, American citizens as enrolled in public school today than at any time since 1971; liest units that get called up to the are we. service of this country. They have (4) math and science skills are increasingly I yield the floor. important as the global economy transforms served all over the globe and have Ms. COLLINS. Mr. President, I sug- into a high tech economy; proudly worn the American uniform. gest the absence of a quorum. (5) last year’s Glenn Commission concluded Yet they are being constantly short- The PRESIDING OFFICER. The that the most consistent and powerful pre- changed in this extraordinarily impor- clerk will call the roll. dictors of student achievement in math and tant area, important to families in our The legislative clerk proceeded to science are whether the student’s teacher 50 States. But these families in Puerto call the roll. had full teaching certification and a college Rico care as deeply as any families do Mr. KENNEDY. Mr. President, I ask major in the field being taught; and in any part of the United States about unanimous consent that the order for (6) Congress increased appropriations for elementary and secondary education by 20 their children, and the hopes and the quorum call be rescinded. percent in fiscal year 2001. dreams of those children are just as The PRESIDING OFFICER. Without (b) SENSE OF THE SENATE.—It is the sense real as the hopes and dreams of chil- objection, it is so ordered. of the Senate that Congress should appro- dren here. Mr. KENNEDY. Mr. President, I ask priate all funds authorized for elementary So I give assurance to the Senator. unanimous consent that Senator SCHU- and secondary education in fiscal year 2002. We have talked about this. It was MER be recognized to offer an amend- The PRESIDING OFFICER. The Sen- raised briefly in the markup of our ment regarding funding with 40 min- ator from New York. committee. We will work with our col- utes for debate; further, that when Mr. SCHUMER. Mr. President, I ask leagues on the other side and with our Senator DOMENICI offers his amend- that I be yielded 10 minutes of the S6186 CONGRESSIONAL RECORD — SENATE June 13, 2001 pending time to the Schumer amend- appropriate every dollar we authorize. ter. The Domenici amendment says it ment. But it is quite glaring in the actions we is already a broken promise even The PRESIDING OFFICER. The Sen- have taken thus far. The President has though we are voting for an authoriza- ator has that right. run on a platform as an education tion for the kids in special ed, which Mr. SCHUMER. Mr. President, I offer President. This Senate debates this bill consumes such a high percentage of this amendment on behalf of myself and says we are going to be the edu- local school budgets; for the kids in and my colleague from California, Sen- cation Senate. Yet in the budget we title I who need a little help to read up ator BOXER. We have worked hard on passed—in the President’s budget—the to grade level; for teacher quality so this amendment. I very much appre- increase in the amount of money actu- that our kids get the best teachers, and ciate her efforts and inspiration on this ally proposed for education is consider- teaching is an elite profession in the amendment. ably less than last year and the year 21st century. The Schumer amendment Our amendment is very simple. I am before and the year before. says we are going to deliver. The going to read it to the body so there So are we serious or are we just fool- Domenici amendment says we are not, can be no mistake about it. After a ing the American people? Is this a real so don’t pay any attention to what we bunch of whereas clauses, on line 23, debate or is this just for show to make have done over the last 2 weeks. page 2, it says: us feel good and make our constituents Mr. President, I yield to my col- (b) SENSE OF THE SENATE.—It is the sense feel good? That is the fundamental league and coauthor of this amend- of the Senate that Congress should appro- question with which this amendment ment, the Senator from California, 10 priate all funds authorized for elementary deals. minutes. and secondary education in fiscal year 2002. I know there are many in this Cham- The PRESIDING OFFICER. The Sen- The amendment is very simple. Basi- ber on both sides of the aisle who be- ator from California. cally it says to this body, to the other lieve so strongly in this matter that Mrs. BOXER. Mr. President, I thank body, and to the White House: Put your they don’t want to allow this bill to ac- my colleague from New York. As usual, money where your mouth is. tually get to the President’s desk until he has really cut through a lot of the We have been talking about edu- we see if there is going to be money for fussiness surrounding this debate and cation, as we should, for the last 2 it. made the point clear. That is why I was weeks. We have been saying how im- This amendment that I have au- so proud to team up with him. All we are saying in this amendment portant education is to the future of thored with the Senator from Cali- is, fund the programs you just voted to America. We have been debating—and I fornia says that. It says, very simply, fund. It is as simple as that. And just think in a rather good debate—the var- that we are going to put our money so everybody understands it, I will ex- ious new programs we wish to add to where all our verbiage has been. It plain it one more time. In every pro- education. We have talked about modi- says, very simply, that we care enough, gram that we put forward in the Fed- fying other programs. As a result, so as hard and tight as this budget is, that eral Government, no matter what it is, that these will not be empty promises, we are going to find room to pay for you basically have an authorization, we have added over $10.6 billion to the quality teachers, to pay for special which is the nod. It says to the appro- authorization level if you just count education. priators: It is OK to fund the military the five major programs: IDEA, title I, It says we realize that the local prop- up to this amount; it is OK to fund edu- teacher quality, bilingual immigrant, erty tax, which funds education cation up to this amount, highways up and afterschool. There are several more throughout America, is so high for al- to this amount. That is the authoriza- billion that have been added as well. most all of our constituents that if we tion. What a hollow promise it would be if do not come to their aid, the quality of The next step that makes it all a re- we passed this bill and then did not ap- our schools will certainly decline. ality is the funding, the actual funding propriate the money. To those who I know the Senator from New Mexico of those programs. That is called ap- have been listening to this debate in has an amendment, but it is a mean- propriations. So the Schumer-Boxer the gallery and elsewhere, an author- ingless amendment; I do not know why amendment simply says—and I am ization brings no new money to a pro- he even offered it because all his going to say it in his words because gram. It is simply an ability to open up amendment says—let me read it—is: they come from the heart and soul of a bank account up to a certain level. It the Senate make funding consistent Brooklyn, NY—put your money where is the appropriation that actually puts with the President’s budget. your mouth is. the money in the bank account. It is I would not advise people to vote for Everyone understands what that only the appropriation that will fund it if they have been voting for these in- means. We can all give the greatest the special education or the teachers creased programs because the Presi- speeches coming out of our mouths— for underachieving children or the dent’s budget does not fund them. golden words, beautiful words. What teachers of high quality throughout I say to my colleagues, we just have does it mean if you do not back it up America or the afterschool programs. finished 2 weeks of a debate where we with reality, with substance, and, in If we were to authorize a beautiful have debated how this program should this case, with funding? shiny bill and put it in a nice box and be changed, whether this one should It doesn’t mean anything for amend- put a ribbon on it and send it to the get $500 million or $600 million. That is ments to pass and then not to fund White House, and the President were to not much when you consider it is all of them. I guess the senatorial way to say have a big signing ceremony, and then America, with the tens of millions of it would be, fulfill your commitments in the summer, when the appropria- schoolchildren we have in this great that you made on this ESEA bill. That tions process began, we were to not ap- country. How can we then just go is all it says. propriate even close to the amount of ahead and vote for the amendment by We have been debating this for money we have authorized, all our talk the Senator from New Mexico which weeks. Senator DOMENICI’s alternative the last few weeks would be a hollow says we are not going to fund it? Be- to Schumer-Boxer essentially says: All promise. We would be saying, yes, we cause that is what Senator DOMENICI’s this was wasted time. We are not going care about education, but we do not amendment says. It says, we are not to fund all of this. We are just going to care enough about education to fund it. going to fund education to the extent go back to the President’s budget All the things that make the public that we have just voted in the last 2 which shorts all of these programs. cynical about this city, and even about weeks we should fund education. The next chart shows what we have this Chamber, would come to be real- Are we going to make this the bill of voted to fund in this bill. By the way, ized in those two contradictory acts: fulfilled dreams for so many school- I have not included everything, but One, great debate and discussion about children or the bill of broken promises? Senator COLLINS will recognize this be- programs, and then later in the sum- That is what the contrast is. The Schu- cause she worked hard on some of these mer, no money to fund all the pro- mer-Boxer amendment says we are items. Senator COCHRAN will recognize grams we are talking about. going to try to help you reach your it because he worked hard on this, as Why is this amendment necessary? It dream; we are going to help you fund well as Senators LINCOLN, AKAKA, MI- is certainly true that we do not always your schools to make your schools bet- KULSKI, REED, and DOMENICI. I worked June 13, 2001 CONGRESSIONAL RECORD — SENATE S6187 with Senator ENSIGN. These are quite Another saying, one we hear a lot: The The PRESIDING OFFICER. The Sen- bipartisan. As a matter of fact, the rubber meets the road. How are you ator has 20 minutes on the two amend- first one, title I, full funding, is a going to bring into effect these wonder- ments. Dodd-Collins amendment. So look at ful programs, such as teacher quality, Mr. KENNEDY. I thank the Chair. I what we have done. title I, grants for enhanced testing, yield myself 7 minutes. The authorizing level we just passed math and science, bilingual ed, small The end is in sight in terms of the for the current year is $15 billion, and programs, economic education, com- completion of this legislation and this the Bush budget is $9 billion. So there munity technology centers, school li- phase of the legislative process. It has is a gap we need to fill. IDEA, which is braries, mental health clinics, after- been on the floor now for several for special education, the kids who school programs, if you don’t bring to weeks. We have had good debates on a need the help, it is funded at $8.8 bil- the fore the resources? Or, said in a number of very important measures. lion for next year; the President’s better way in the Schumer-Boxer We still have some remaining items budget is $7.3 billion. There is a short- amendment: It is the sense of the Sen- through the afternoon, hopefully fall. Continuing the list: Teacher qual- ate that Congress should appropriate recessing at a reasonable hour this ity, $3 billion compared to $2.6 billion; all funds authorized for elementary and evening. Then we will have a full morn- the Boxer-Ensign bill on afterschool, secondary education in fiscal year 2002. ing and early afternoon tomorrow with $1.5 billion compared to $846 million; To my colleagues who may be listen- a series of amendments by Senators grants for enhanced testing, $200 mil- ing in their offices, if you vote against HELMS, MURRAY, and SESSIONS. Hope- lion, a new program; math and science the Schumer-Boxer amendment, I have fully, we will be able to conclude the education, DICK DURBIN’s amendment, to say, I don’t understand why you legislation by tomorrow at a reason- up $400 million; bilingual education, voted for this wonderful list of enable time. up, that was LINCOLN CHAFEE; small hancements for our children. It just It is appropriate, as we are coming programs, THAD COCHRAN, that is zero does not make sense. We are saying, into the final hours of consideration of in the President’s budget, $416 million you voted for the authorizing of these the legislation, to take stock of where here; economic education, $10 million, programs; now vote for the appropria- we are, to take stock of the legislation, a new program; community tech- tions. and then to look down the road in nology, $100 million to zero; school li- As my colleague Senator SCHUMER terms of the future. braries, $500 million to zero in the Bush has stated: Some Members feel so We are going to be completing this budget; and mental health grants, I say strongly about it, they did not even legislation. We will move to the con- to my friend, Senator DOMENICI, $50 want to bring this bill to the floor ference with the House of Representa- million, a new program. He doesn’t until we had a meeting of the minds tives, which has a somewhat different even say we ought to fund his own with our Republican friends and the approach than we have, but we have a amendment. He says stick to the Presi- President that these programs would fundamental agreement on what we are dent’s budget. He would not fund the be funded or at least some of them going to do. We will have an oppor- program he brought here, and he would be funded. tunity to address those issues and to worked with Senator KENNEDY on it. It I urge my colleagues to come to- find common ground with the House. was done by unanimous consent. It was gether, Republicans and Democrats Then we will come back here with a that popular. alike, and give the thumbs up to this final product. So here we have it in black and bill. You all say you like it. President I am strongly committed and will white. This is only $10.4 billion. I un- Bush has held meetings. He has had work very hard to make sure we are derstand the difference now is $12.3 bil- Congressman MILLER on one side and going to come back with a program lion because after we made this chart, TED KENNEDY on the other. That is that is going to, in this instance, in- we approved some other programs. great. Photo ops are great. We all love clude the funding for the IDEA pro- I say to the Senator from New York them. You show you are for the kids grams, which make such a difference and to the Senator from Massachusetts and then your budget falls $12 billion for children in my State and across the and to Senator COLLINS, who is man- short next year of what we need to do country. By that I mean the manda- aging the floor for the Republicans: We to carry out all this important work tory spending for the IDEA. We have have to do more than just say nice we have done over weeks and weeks on had bipartisan support to include that words. We have to do more than stand this bill. in the legislation. It was reflected here here and say ‘‘our children are our fu- I thank my colleague from New during the discussion, not only on that ture.’’ How many of us have said that? York. We have joined together, east amendment but on others, as well, by Probably all of us at one time, that we coast, west coast. We hope all those in Republicans and Democrats. It is vi- care about them. We have to say more the middle will join us and defeat the tally important. It makes a great deal than just education is our priority. Domenici amendment. If all we are of difference in terms of the results on What we have to do is come behind going to do is appropriate the money in this whole program. those words with the resources. the President’s budget, we can’t really When you take the funding of IDEA This bill is about reform. If you want do this. and also the funding in terms of title I, results, you need the resources. It is The most important thing, regardless plus what we have done with other ele- kind of like the three R’s. This next of what we do with Domenici, is to sup- ments in terms of the Elementary and chart is the essence of the Schumer- port the Schumer-Boxer amendment. Secondary Education Act, and if we are Boxer amendment. On our side of the That will show that we mean what we going to move toward a real funding aisle what we are saying is—and we say and we say what we mean. And we and investment in our children, I think hope Republicans will join us—we want should be a model to our children. I we have the most unique opportunity reform. We have proven that by this look up in the galleries and see a lot of we have had in recent times to make a bill. We want resources. We have prov- kids here. They are watching us. We major difference in terms of the need- en that by this amendment. And we ex- had better mean what we say. iest children in our country. We should pect results. We are going to hold peo- The PRESIDING OFFICER. The Sen- not miss it. ple accountable for results. ator’s 10 minutes have expired. What we have seen over the period of So far, our Republican friends sup- Mrs. BOXER. I thank the Chair. these past several weeks is the attempt port reform. But if they back the The PRESIDING OFFICER. Who to try and get it right in terms of Domenici alternative to Schumer- yields time? working to make sure that children in Boxer, I think we can truly say they The Senator from Massachusetts. local communities are going to have don’t support resources and they can- Mr. KENNEDY. Mr. President, I available to them tried, tested, and not possibly expect results. know my friend and colleague from proven programs that can provide aca- Every one of these programs I have Iowa wanted some time as well. I do demic achievement and advancement. shown you has been brought to the not see him on the floor. Do I under- That is what this legislation is really Senate by various Senators. Now is the stand now I have up to 10 minutes; is all about. We know what needs to be time when the rubber meets the road. that correct? done. The question is, do we have the S6188 CONGRESSIONAL RECORD — SENATE June 13, 2001 willpower to be able to do it? That is zero; 2007, zero; 2008, zero; 2009, zero; AMENDMENT NO. 801, AS MODIFIED what this amendment of Senator SCHU- 2010 zero. The number of children at Mr. DOMENICI. Mr. President, I ask MER and Senator BOXER really is all the end of the next 10 years is going to unanimous consent that an amendment about—to put the Senate on record in be the same number that we have at I send to the desk be a substitute for the final hours of this debate that we the present time. There will be no in- the amendment that has been pre- believe we need the resources made crease in the total number of children viously stated to be a Domenici amend- available to the children in this coun- who will be there, in contrast to the ment. This is the Domenici amend- try that otherwise would be denied it. amendment of the Senator from New ment. Mr. President, we have to understand York and the Senator from California, The PRESIDING OFFICER. Without that this legislation isn’t going to which says we are going to build to objection, it is so ordered. solve all of the problems. We will be make sure that if we do have some- The amendment, as modified, is as back in another 6 years trying to deal thing in here, and the funding for the follows: with these issues again. But what the IDEA program, we are going to see an At the appropriate place, insert the fol- proponents of this amendment under- expansion in investing in those chil- lowing: stand is that what is really essential is dren. We are going to make sure that SENSE OF THE SENATE REGARDING AUTHORIZA- TIONS. the investment in the early education all of the children who are eligible—the FINDINGS.— of the children of this country, to in- 10 million children—will participate in (1) This bill currently authorizes at least vest in Early Start, Healthy Start, the whole range of programs. $30 billion in discretionary spending on ele- early learning, and children in terms of Who wants to make the choice today mentary and secondary education programs the Head Start Program. We are about which child is going to get sup- in fiscal year 2002. strongly committed to that. We are all plementary services and which will (2) Over the 2002–8 period, this bill author- strongly committed to the concept of not, or which will get a summer school izes more than $300 billion for these same programs. having a child ready to learn when program and which will not, or which will get the afterschool program and (3) Congress currently provides $18.4 billion they go into school. That is a given. for these same programs. The funding is not there. The funding which one will not? What are we going It is therefore the Sense of the Senate is not there for those programs. to say about that? This amendment that: Many of us are greatly disappointed says that our Nation’s priorities are (1) The Appropriations Committee shall because when we are talking about the clear and they should be expressed on fund the authorizations in this bill to the children, particularly the very small the floor of the Senate in a bipartisan maximum extent possible. children and the children who will be way. Mr. DOMENICI. Mr. President, I affected by this legislation, we are de- Seventy percent of the Members of want to read this to everyone so there fining the future of this Nation. We are this body, Republican and Democrats will be an understanding of where we defining the future of our democracy, alike, supported the idea for full fund- are. the future of our economy, and the fu- ing for the title I program. We have First, I did not have enough time this ture of the relationships these individ- brought about the reforms that many afternoon or I would have searched the uals are going to have with their fami- of the critics have stated. The real records of legislation we passed that lies. question is, are we going to be true to comes out of committees that have au- This is about America’s future. For the concept that we are going to leave thorizing authority. Clearly, the com- my money, there isn’t a more impor- no child behind? Without this amend- mittee that reported this bill that has tant investment that we can make. ment, and without the resources here, been debated so mightily on or about This is about our children and about we are leaving two out of three chil- May 3, with intervening time used for our future. dren behind, make no mistake about it. some other bills, is an authorizing This chart reflects the progress we Finally, in our elementary and sec- committee. There is no authority in ondary education bill, we effectively have made in recent times in the ele- the committee that my good friend guarantee that every child that is eli- mentary and secondary education Senator KENNEDY chairs to appropriate gible for the title I program in the budget increases. We have seen that money. I do not think anybody will ESEA will reach proficiency by the over the period of the last 7 years it argue with that point. time this legislation expires. That is an has gone up by 8.6 percent. We have The appropriators each year appro- empty promise if we are only going to heard it said that money isn’t every- priate money in various appropriations fund this program to reach one out of thing, money doesn’t solve all the bills, one of which will contain the ap- three. We should not represent to the problems, and let’s not just throw propriated money for education. American people that we are com- money at education. We understand What we have been doing in the mitted to not leaving children behind if that. The fact is, though, the invest- meantime on this education bill is very we are not going to back that up with typical of what we do on any new au- ment here is a clear reflection about the kinds of American resources that thorization bill. our Nation’s priorities. we have available at this time and As a matter of national priority, do People bring to the floor amend- which should be invested in these chil- we think investing in the neediest chil- ments to the authorizing bill that says dren. That is the way I read this dren in our country is a priority in we want to authorize a different pro- amendment. gram with different amounts of money which we ought to invest? I thank the Senators for bringing This amendment says, yes, there is this measure up. I hope it is going to covering different groups of people so no higher priority. What we have had get strong support because it is really that historically in the U.S. Congress, and what we are looking at is the budg- a reflection of the kind of commitment whenever authorizing legislation has et that has been proposed by this ad- that this body has for the future of our been passed, it is, for the most part, ministration, by this President, sup- Nation and, most important, the future substantially higher than the amount ported by this Republican Party and of the children of our country. appropriated by the Appropriations its Republican leadership. When you Mr. President, I withhold the remain- Committee, which has the single and look at that record, the proposed ESEA der of my time. Mr. President, I sug- sole authority to appropriate money. budget increases that will be incor- gest the absence of a quorum, with the I do not believe anyone is going to porated, this concept in the Domenici time not to be charged. stand in this Chamber today and say amendment, there is a 2.6 percent in- The PRESIDING OFFICER. The the education committee appropriated crease in 2002. That is a $1 billion addi- clerk will call the roll. this money and each Senator who of- tion for IDEA and $700 million for the The legislative clerk proceeded to fered an amendment that was voted on, title I program—$700 million for the call the roll. whether it was adopted 95–0 or by 2 title I program. Mr. DOMENICI. Mr. President, I ask votes, whatever the case may be—no- We are only reaching a third of the unanimous consent that the order for body is going to say that amendment children at the present time. And then the quorum call be rescinded. was appropriating money, making if you look at this chart for the years The PRESIDING OFFICER. Without money available to the Department of 2003, zero; 2004, zero; 2005, zero; 2006, objection, it is so ordered. Education to do certain things. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6189 Those amendments and the basic un- The Senate and the House will decide Mr. SCHUMER. Will the Senator derlying bill create a policy or an au- how much of the authorizing bill that yield? thorizing gamut from which the appro- is going to be adopted either Friday or Mr. DOMENICI. I am happy to yield. priators fund some or all of what is in next week shall be funded by the appro- Mr. SCHUMER. I thank the Senator authorizing legislation. priators. for the courtesy. The Senator from We have set about in the Senate to I certainly do not come before the California and I offered this amend- adopt many amendments. I am quite Senate saying I know which programs ment not for every time the authoriza- certain that when the appropriations ought to be funded by the appropri- tion strays from the appropriation—we bill comes to the floor, if we want to ators. I happen to be on the Appropria- know it does that a lot—but for two take every one of these amendments tions Committee, but in due course reasons: One, we wish to make edu- and stand up before the Senate and they will have their own hearings, as cation a top priority. That is what the say, ‘‘I want to offer this amendment we do all the time. This is not a rarity, President has said, that is what some to the appropriations bill because I to pass an authorizing bill that has Members in speeches have said. Yet want to add more money,’’ I am sure it much more in it than the appropriators when we look at what has been newly will be considered. The question is, will pay for, and they are not doing any- authorized, it brings us to a level of $37 it be adopted? The question is, will it thing wrong by not funding it as much billion. be automatic? I think the answer is, we as is authorized. That is the preroga- What is in the budget that the then- do not know whether it will be adopted tive of the appropriators. chair of the Budget Committee pro- when it comes to appropriating, and In simple language, I hope everybody poses was $20.1 billion, which is only certainly there is no question that it who is interested in maximizing the ap- $1.7 billion higher than last year? So I has not yet been appropriated. propriation of money to the education ask my friend from New Mexico to give I say in this amendment—and I think programs, all of which are encap- a little elaboration on what the phrase everybody who is concerned about edu- sulated in this bill which Senator KEN- ‘‘to the maximum extent possible’’ cation funding ought to vote for it—the NEDY has been managing since they means. Is only $1.7 billion possible? We following: This bill before us, without took the majority and Senator JUDD have walled off military spending in the remaining amendments that are GREGG has managed on our side—it is a the budget the good Senator has pro- still to be adopted, currently author- very good bill, one that for the first posed. We have a separate offset for ag- izes at least $30 billion in discretionary time has some major changes. We riculture. spending for elementary and secondary might, in fact, look back in a few years The Senator from California and I education programs in fiscal year and say that bill that was debated all fear, if left on its own, education will 2002—$30 billion at least that we voted those days caused us to do some things get no new funding or very little new on in the bill and with the authorizing very differently than we have in the funding and this debate will be for amendments. past. Who knows, if you listen to the naught. I ask my colleague to elabo- Likewise, if you take the multiple President, if you listen to some in this rate, since he is our expert from that years covered by this authorization Chamber who advocate these new side of the aisle on the budget, what bill, 2002 to 2008, the bill authorizes ideas, it may very well be that we will does ‘‘to the maximum extent pos- more than $300 billion for these same have improved the results of our Na- sible’’ mean? How much money is left programs, the ones we are currently tional Government’s money going to for education? Is it closer to the $37 bil- funding in the next finding I made. States for school systems that are ei- lion level in this authorization or to Currently we are funding these pro- ther run by the district or by county. what I consider very small and not suf- grams at $18.4 billion a year. We are al- I compliment those who have partici- ficient $20 billion, a $1.7 billion in- most doubling that, and then over a pated in this bill. I voted for a number crease over last year? number of years we are more than dou- of the amendments, but certainly the I thank the Senator for yielding for bling the funding that is currently truth is that the Appropriations Com- that question. being applied to these programs. mittee will decide how much of that Mr. DOMENICI. Let me ask the Sen- After I make these findings, I con- they can afford under the budget they ator if he has better numbers than I do. clude very simply: will have before them, and the Senate The bill currently authorizes at least It is therefore the Sense of the Senate will decide on an appropriations bill as 30. Are you suggesting that is 37? I will that: The Appropriations Committee shall the matter comes up: How many more live with your numbers. Does the Sen- fund the authorizations in this bill to the of these new programs do you want to ator think it is $37 billion we have au- maximum extent possible. fund in the year 2002? thorized in this bill? That means that is exactly what is I believe the Senate has adopted Mr. SCHUMER. I say to my col- going to happen, and we ought to go many provisions that will not be fund- league, it is probably a little more than ahead and recognize it and urge the ap- ed. Certainly, I am not talking about 37, but we added up everything we propriators to do this. It does not mat- title I, but I am talking about many of could get our hands on, and it comes to ter what we say in this bill. Unless we the amendments, maybe even some 37. choose to take over the reins of appro- that this Senator has offered that are Mr. DOMENICI. Let’s say it is some- priating and put it in this bill, it does part of this very large authorizing bill. where between 30 and 37 and perhaps not matter what we vote for, it mat- But I will not be surprised if some of even between 30 and 40 is authorized in ters what the appropriators give to those I have offered and some of those this bill. fund this bill. others have offered will not be funded Mr. SCHUMER. If my colleague will They already know that whatever by the appropriators as we work our yield, I think that number is less im- the budget is, education is given the way through the 13 appropriations portant than the number that we think highest priority. In fact, education of a bills. we will actually appropriate. That is comparable nature to what I have been It is all right with me if Senators the purpose of the amendment. speaking of goes up 11.4 percent in the want to say everything else will have In the budget we have only appro- basic budget of the President and in to be reduced and changed because we priated an additional $1.7 billion as op- the basic budget that was adopted by are going to fund in appropriations posed to $20 billion more that is au- the Congress. every single amendment that has been thorized. I would like to come closer to Even those numbers are not binding offered to this bill, we will fund them the $20 billion than the $1.7 billion, par- because the appropriators will decide in their entirety. If one wants to vote ticularly if we want to be the ‘‘edu- out of all the priorities how much they for that, that is fine. Perhaps one can cation Senate,’’ particularly if the want to take away from other pro- vote for that, and perhaps one can vote President wants to be the ‘‘education grams or exceed the budget to put for the Domenici amendment that President.’’ more of that in education. That is the says, do the maximum appropriators; In talking about education, pictures prerogative of the committee with the do the maximum amount you can going to school are not going to edu- consensus and, in some instances, per- under the budget restraints you will be cate our kids. It is the real dollars that haps a 60-vote majority being required. living under as appropriators. do. I ask my colleague, just with his S6190 CONGRESSIONAL RECORD — SENATE June 13, 2001 knowledge, which far exceeds my happen, prejudged, preordained by the The authorizing levels in this bill, knowledge, to give us some ballpark of rules we follow in the Senate. however, are really not that relevant what ‘‘to the maximum extent pos- I yield the floor. to what is going to happen, in my hum- sible,’’ might mean. Mr. SCHUMER. Mr. President, I be- ble opinion. The reason I say that is be- Mr. DOMENICI. First of all, I am cer- lieve the Senator from Massachusetts cause it has become almost a form of tainly not trying to avoid that. I am has yielded to me his 10 minutes. How gamesmanship on this floor to con- very prepared to answer it. If you will much time remains on our side, which stantly throw more money into the relax for a minute and let me answer I believe is my time plus the time of number at the authorizing level. All it, we will all have a nice afternoon. the Senator from Massachusetts? you have to do is look at what we have First, let me say it may shock every- The PRESIDING OFFICER. The Sen- done in the last few weeks to recognize one to hear this, but frankly the Ap- ator from New York has 12 minutes. that. propriations Committee will decide The Senator from New Mexico has 4 Over the last few weeks we have what that number is. In all honesty, minutes 12 seconds. The Senator from added into this budget, into this bill, they will decide that. But they won’t New Hampshire has 20 minutes. literally huge increases in the author- decide it based on this authorization Mr. SCHUMER. I ask my colleague ized level. We have increased the au- bill. They will do it based upon what from New Hampshire if he wants to thorization level by 47 percent in the they want to establish as the priorities take some of his time now since we are mandatory area, adding $112 billion. for expenditures for fiscal year 2002. down on our side and the Senator from Over the term of the bill, which would But if the Senator wants to know New Hampshire has the full 20 minutes, be 7 years, we have added $211 billion, what numbers were offered by the unless he desires to yield most of it for a 101-percent increase. budget as it cleared the Congress—and back. I will take 5 minutes, and I know In the year 2000, we have increased these are not binding; these are as- the Senator from California will take 5 the authorizing level by $11 billion, sumptions—then I will tell you that minutes, and that is it. We are finished bringing the total to $38.8 billion, or a the budget resolution assumed $6.2 bil- on our side. 120-percent increase. That has all been Mr. GREGG. I say to the Senator lion more than the President. So it is done in about a week’s time, maybe a from New York, that seems reasonable. $6.2 billion added to $18.4 billion which week and a half, as we picked up speed I will speak for a few minutes and re- makes it a total of $24.6 billion that is over the last few days. serve time. I will reserve 10 minutes to assumed in the budget resolution as We need to put that in context. This balance out with that side. bill has been on this floor before. We being fundable. We are into a numbers game obvi- I am not going to stand here and say have heard from the other side that we ously. I am not sure that will have a they will fund that much, nor am I have to authorize and then we have to positive impact on how this bill is per- going to say they will fund that little. appropriate to the highest level pos- ceived because the essence of this bill sible to achieve the most significant The truth is, unless the Senate chose is the policy. Authorizing bills are today to pass a statute and it got results because money translates into about policy. I think people need to un- achievement. Of course we know signed by the President and it said the derstand that. Authorizing committees money doesn’t translate into achieve- appropriators are going to appropriate tend to put numbers on bills but appro- ment. But even if we were to accept and they are hereby ordered to appropriating committees spend the money. that argument, and we were to go back priate the amount of money contained As a member of the Appropriations a few years—for example, the last time in this bill, then there is nothing we Committee, I can state that as much as this bill was authorized, back in 1994– can do about it. They are going to do we admire the authorizing committees, 1995—we would find the enthusiasm for what they think is right based upon sometimes we act independently of the bumping up the authorizations when the available resources and what the authorizing committee. The key to an we had a Democratic President and a Senate at large decides as these appro- authorizing bill is the policy that is Democratic Congress was not quite so priations come forward. laid down relative to educational re- high. It could have been at that time I did not come to the floor to pre- form. they were dealing with reality versus judge what they would do. I came to In this bill, there is a lot of very in- politics. the floor to make sure everybody un- teresting, very significant policy, the At that time, when the authorizing derstands that an authorizing bill is purpose of which is to depart from a bill came through, the ESEA author- very different than an appropriations course that has regrettably produced izing bill came through, the actual in- bill. It has been different forever. I year after year of failure in educating crease in educational spending that re- shouldn’t say forever, but essentially our low-income children, and move on sulted from it was .012 percent—.012 for about 70 years we have had both ap- a course which will hopefully give our percent. In fact, the actual educational propriations and authorizations. They children from low-income families a funding was cut in that year by $484 really are not the same. I regret to say better opportunity to learn and be million. The increase in title I specifi- we have even appropriated when there competitive with their peers, and cally was less than 6 percent in that is no authorization for many parts of therefore participate in America and year. our Government. We have not author- the prosperity of our Nation. You might say there was a deficit ized for years and the appropriators The basic themes of the policy in this then so Congress had to be much more pay for the function of Government bill, as I have outlined a number of restrained in its activity. But I would anyway. times, is that it is child centered. It in- point out that at that time the Senator I am comfortable that this Senate volves giving more flexibility to local from Massachusetts represented that and the Appropriations Committee will communities and the teachers and the the bill as it was passed and author- maximize, as I indicated, the resources parents and the principals. In exchange ized—remember the authorization lev- they put into education. I am confident for that flexibility, it builds in a desire els were essentially no increase at all— because it has been the will of this Sen- to see much greater academic achieve- he said it was the most important re- ate over and over as we vote that we ment on the part of low-income kids authorization of ESEA since that land- put more rather than less in education. who today, regrettably, read at two or mark act was passed in 1965. So, obvi- So I think that will happen. three grade levels less than their peers ously, at that time at least the chair- Having said that, I think it is pretty and graduate at a 50-percent rate from man of the committee thought it clear that ‘‘maximum’’ is a dictionary high school. It has significant account- achieved the goals it was supposed to definition. It is not a number defini- ability standards to make sure those have achieved. In fact, he went on to tion. It just says the most you can. academic achievements are accom- hail its academic accountability stand- Whatever you are looking at, do to the plished. ards. It would achieve those levels at extent possible. Do the most for edu- The policy in this bill is strong. It is the levels it was authorized or else he cation. That is what I put in my re- unique in the sense of the tradition of would not have said it was such a great solve clause because I think, honestly, Federal involvement in education in bill. to vote for anything other than that is that it takes a new road to a large de- I do not know what has changed in 6 to deny the reality of what is going to gree. years, other than we have a different June 13, 2001 CONGRESSIONAL RECORD — SENATE S6191 President and a different Congress. side, and also on the spending side, to matic increases that they deserve. In Yes, we do have a surplus. But as a support that policy, because he has fact, it is very obvious from the Presi- practical matter, if the bill was so good walked the walk and made the pro- dent’s proposal that the education ac- and strong when there was virtually no posals to accomplish it, which brings counts are going to receive the largest authorization increase, why today do us to the question of what is the pur- rate increase ever by a factor probably we have to have an authorization in- pose of this sense of the Senate amend- of 100 percent or maybe more—200 or crease which has, just in 7 days, ment. 300 percent—of any accounts in the jumped so radically? Remember when It is to ask the appropriating com- Federal Government. The only agency this bill came out of committee the au- mittee to fully fund authorizations that will probably be able to compete thorization increases in it were already which have come at us on this floor for and the only area where competition exceeding 100 percent of what the un- the last 5 or 7 or 8 days—it has in actu- will be even close will be NIH where we derlying authorized levels were when ality been 14 days since we really went are committed to doubling funding we started out. So we are talking about on the bill in an intense way—author- over a period of time. But I don’t think 100 percent on top of 100 percent. izations which, as I mentioned earlier, even the NIH increases as a percentage I also note if spending on education represent in those few days an over 120- are going to be anywhere near the per- has to be so aggressively pursued in percent increase in this year’s budget, centage of increases we are going to see order to accomplish the goals of better a 100-percent increase in the 7-year coming as a result of this President’s education, somebody must not have in- budget representing $211 billion, and a commitment to education. formed the prior President of that. The 47-percent increase in special education Once again, I suspect that this prior President’s increases in title I funding. I think you are going to have amendment, although well-inten- spending, President Clinton’s in- trouble with the appropriating com- tioned, is going a bit beyond what re- creases, were rather small—not only mittee to accomplish that. We have to ality is as far as the Congress functions during the period that we had a deficit be realistic. because I think we all understand that but during the period that we had the I suppose when the defense author- the appropriating committees do not surplus, from 1998–1999. In the period of izers come to the floor they might offer necessarily listen to authorizing com- surplus, the increased proposal was $36 the same type of SOS, and they might mittees when it comes to money. Au- million; in 1999 his increased proposal say we want defense authorizations thorizing committees define policy. was $219 million; in the year 2000–2001 fully appropriated also. They would That is our primary responsibility. We he proposed a $401 million increase in probably have a pretty good case for have done a good job of it in this bill. title I funding. that because the obligation of the Na- Because of the President’s commit- In the area of special education, he tional Government is national defense. ment in this area, I am pretty con- essentially proposed no increase in Then I suspect when the health com- fident that the appropriating com- 1998, 1999, 1999–2000, and then in 2000– mittee, which I happen to be a member mittee will make a dramatic increase 2001 he proposed an increase. of, and which this committee comes in the spending commitment to edu- As a practical matter, President out of, comes forward with the author- cation which will allow us to accom- Clinton, who I believe was committed ization levels for NIH, for which we plish policies that we hopefully are to education—in fact, when I was Gov- have significantly increased the appro- going to pass with this bill. I reserve the balance of my time. I ernor and he was Governor we held an priations, or for some other health ac- yield the floor. education conference down in Char- tivity which is very important, such as The PRESIDING OFFICER. The Sen- lottesville, as I recall—was one of the prescription drugs, or whatever the ator from New York. leaders on the issue. I state he cer- item might be, we are going to ask for Mr. SCHUMER. Mr. President, how tainly maintained that view through- full appropriations their, too. much time does the Senator from New out his Presidency. He thought he The list goes on and on. The obliga- Hampshire have remaining? could accomplish his goals on edu- tions of the Federal Government are The PRESIDING OFFICER. The Sen- cation during a period of surplus with significant. ator from New Hampshire has 3 and a the dollars he outlined. But when you increase the authoriza- half minutes remaining. What is President Bush suggesting? I tions on the floor of the Senate by 120 Mr. SCHUMER. I have 12 minutes. think that brings us sort of into a com- percent in 7 days on a bill that came The PRESIDING OFFICER. That is plete circle. President Bush has sug- out which had almost a 100-percent in- correct. gested a very significant increase in crease in it to begin with, and you in- Mr. SCHUMER. I yield 4 minutes to funding. Remember, President Clin- crease the authorization by $200 billion the Senator from California. ton’s request was $401 million. Presi- on a bill which came out with already The PRESIDING OFFICER. The Sen- dent Bush’s funding request in this $235 billion in it when it hit the floor, ator from California. area is $500 million. That was his re- which was a significant increase, a dra- Mrs. BOXER. Mr. President, I think quest. matic increase over present law, I this is really where the rubber meets In negotiations leading up to bring- think you are making a statement: the road. Are we serious about the ing this bill to the floor, the President Yes; that you want a commitment to work we have accomplished? I went went well beyond that request and, in education, but I think you are also over this in great detail. I don’t know fact, has offered an increase in title I probably acknowledging realistically if the Chair can read this from his seat. funding which represents a 50-percent that you are never going to hit those I have listed all the bipartisan pro- increase in funding in 1 year. goals. grams that we have added to this bill, In the special education area, Presi- It is just not reasonable to expect beautiful programs such as IDEA, in- dent Bush has proposed the largest sin- that the appropriations committee is creasing funding, teacher quality, some gle increase ever proposed by a Presi- going to have that type of change sit- of these my colleague worked very dent in special education funding. ting in its pocket to move into this hard on himself, mental health pro- President Bush has proposed a 50-per- area. But when the President of the grams, these were all added in a bipar- cent increase, or offered a 50-percent United States comes forward and says tisan fashion. It adds up here to $10 bil- increase in title 1 funding as part of he is committed to a 50-percent in- lion more than is in the Bush budget. the negotiations leading up to this bill. crease in funding for title I, that is We know that we even have done more. He has proposed in his budget a $500 pretty significant. The Schumer-Boxer amendment is million increase, which is $100 million When the President of the United important because what we say is all of more than President Clinton proposed, States comes forward and offers the this hard work, all of this coming to- and he has proposed the single largest biggest increase in history that a gether, all of this bipartisanship, all of increase in special education funding President has ever asked in special this work for the children of America ever proposed by a President. education, I think the Appropriations should be funded. Very simply put, It is reasonably disingenuous to take Committee will take that position. that is exactly what Senator SCHUMER the position that this President isn’t In the end, I believe these accounts and I are doing in this amendment. It committed to education on the policy will receive the very significant dra- is a sense of the Senate. S6192 CONGRESSIONAL RECORD — SENATE June 13, 2001 What is the argument that the Sen- these two Senators—who have a simple about ‘‘we are not going to leave any ator from New Mexico, Mr. DOMENICI, sense of the Senate that we agree only child behind.’’ Put those speeches has lodged against the Schumer-Boxer carries moral authority, doesn’t tell away. Put those speeches away forever. amendment? First he looked at the them exactly what to do—we are over- That is what this vote is about. Senator from New York, and I guess stepping our bounds, I have to say that We have the opportunity of funding the Senator will remember, and he is amazing to me because that is com- it so no child is left behind. It is as said: I hope the Senator from New ing from my friend—I served with him simple as that. One is just a cop-out. York will relax and we will all have a on the Budget Committee for many The other is a reaffirmation and state- happy afternoon. Then he went on to years—who actually gave power to the ment of what has happened in the Sen- say: It is impossible to fund this. That chairmen of the committees to say ate Chamber over the period of these is not a happy afternoon for any of us what the appropriate level should be past weeks. And it is a statement and who care about kids. But I also want to for military spending and ag expend- a comment that we are going to com- say to my friend from New York, do ing. I do not see it. mit ourselves to work every single day not relax until every child in New You will note, that committee did for the remaining time of this session, York, every child in New Jersey, every not stand up for education. They said and during the appropriations battles, child in California, every child in Mis- we could have a piece of the extra $6 and after that every single time, to in- sissippi, Louisiana and every other billion that may be lying around. All vest in the children and the future of State has a good quality public edu- we are saying is, give education a this Nation. That is what the Schumer cation. chance to be fully funded. amendment is all about. That is why it I hope you will not listen to that ad- The PRESIDING OFFICER. The Sen- should be supported. vice. I hope you will stay focused, as ator’s time has expired. The PRESIDING OFFICER. The Sen- you always do, on these issues and Mrs. BOXER. I hope my colleagues ator from New York. keep giving us these kinds of amend- will support the Schumer amendment. Mr. SCHUMER. Mr. President, I yield ments so we make sure we mean what I thank my colleague from New myself the remaining 3 minutes. we say and we say what we mean. York. The PRESIDING OFFICER. Almost 4 The Senator from New Mexico said Mr. SCHUMER. Mr. President, I yield minutes. some other things too. He said to the 4 minutes to my friend and colleague, Mr. SCHUMER. Mr. President, first, I Senator from New York and to the our leader on education, the Senator thank the Senator from Massachusetts. Senator from California: You can’t tell from Massachusetts, Mr. KENNEDY. One day, if I am here a long time, I the Appropriations Committee what to The PRESIDING OFFICER. The Sen- might be able to reach 10 percent of his do. That is ridiculous. And in your ator from Massachusetts. eloquence. And I would be happy with amendment you are saying, fund these Mr. KENNEDY. Will the Chair tell that. He sums it up just perfectly. programs to the extent of the author- me when there are 30 seconds remain- Let me say, first, in reference to my ization. We are not telling them what ing? good friend from New Mexico, he says to do. We are passing a sense of the The PRESIDING OFFICER. The the budget does not have room to ap- Senate. Chair will do so. propriate all that is authorized. In the One, we are not telling them what to Mr. KENNEDY. Mr. President, what budget he put together, they walled off do. We are asking them to consider the this debate is really about is whether military spending, they walled off sense of the Senate that these pro- we, as a body, are going to be satisfied transportation spending, they walled grams should be fully funded. with the budget that has been proposed off agriculture spending. They said I want to make another point and I by the President and the Republicans they are going to get what they need. wish the Senator from New Mexico was that gives a $1 billion increase in IDEA What is really wounding to those of on the floor. His comments were really and a $700 million increase for the title us who believe so much in education is disingenuous. He was chairman of the I program, or whether we are going to not simply that education was not Budget Committee when the Budget try to fund ESEA, the title I program, walled off but the doublespeak that is Committee came out with the budget. for the full funding, whether we are going on in this Capitol. Do you know what he did? My friend going to fund ESEA the way bipartisan The President did not campaign as from New York knows it well. He not votes over the last 3 days have indi- the military President. He did not cam- only set the size of the tax cut, which cated is the desire of this body. paign as the agriculture President. He the Finance Committee has jurisdic- I hear a great deal about the budget, is not busy taking pictures with big tion over, but he also made that whole but the budget isn’t law. Do we under- trucks as the transportation President. debate filibuster-proof. Did he tell us stand that? The budget isn’t law. In He campaigned as the education Presi- what to do? Oh, yes, he did. Did he also this body, we have the ability and the dent. make sure that agriculture spending power—if we believe in something—to Then they hand up a budget whose would be protected? He sure did. Do pass legislation that is going to fund increase in actual spending is miserly. you know that the chairman of the the programs the way they should be To say this is doublespeak is kind. This Budget Committee had the authority to decide the increases in agriculture, funded. That is what this battle is is why the American people despise not the Appropriations Committee, and about. Washington, because there are all the With all respect to my good friend do you know that the chairman of the photo opportunities and all the slo- Budget Committee—it is no longer from New Mexico, his proposal is a cop- gans, and then when it comes to actu- out. It says: As much as possible. We ally putting the money on the table to Senator DOMENICI; it is now Senator know what is possible. He was the help keep our country No. 1—by edu- CONRAD, a sort of twist of fate—said that the chairman of the Budget Com- chairman of the Budget Committee. cating it—we come up with 100 excuses. mittee is now going to decide how They are going to follow the Budget Where are the excuses for the mili- much we are going to spend on the Committee, and that is going to be pea- tary? Where are the excuses for agri- military. So when the Senator from nuts for educating the children of this culture? Where are the excuses for New Mexico chastises the Senator from country. You cannot educate children transportation? This is just not right. New York and the Senator from Cali- with a tin cup. You cannot do it on the This is just not fair. fornia and says—— cheap. You have to invest in them. We spent 2 weeks debating education The PRESIDING OFFICER. The Sen- That is what the Schumer amend- in a bipartisan way. We talked about ator’s time has expired. ment is all about. That is why, if we how we are coming together. And then Mr. SCHUMER. I yield the Senator believe that education is important, we find that the amount of money the from California one additional minute. and that we want to reach all of the budget will allow is a $1.7 billion in- The PRESIDING OFFICER. The Sen- children—not just a third—if you want crease. That is what the President pro- ator is recognized for 1 additional to reach just a third in fiscal year 2008, posed? Less than President Clinton, minute. you vote with Senator DOMENICI. That much less than President Clinton’s in- Mrs. BOXER. Mr. President, when is exactly what you are going to do. crease in the previous 3 years when we the Senator from New Mexico tells But don’t make any more speeches had a surplus. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6193 If you don’t want to fund education, on the table, by a factor, in the area of [Rollcall Vote No. 185 Leg.] don’t say you are the ‘‘education Presi- title I, of about, by my calculations, 10. YEAS—49 dent.’’ If you don’t want to fund edu- In the area of special ed, he has pro- Allard Fitzgerald Murkowski cation, don’t say you are the ‘‘edu- posed the single largest increase ever Allen Frist Nickles cation Senate.’’ Don’t talk about leav- proposed by a President. Bennett Gramm Roberts Bond Grassley Santorum ing no child behind when you are leav- The simple fact is, this President has Brownback Gregg Sessions ing 80 percent of the children behind backed up his commitment to edu- Bunning Hagel Shelby with this budget. cation with a commitment of dollars. Burns Hatch Smith (NH) Campbell Helms Smith (OR) Is this amendment that the Senator What we have seen on the floor for the Chafee Hutchinson Snowe from California and I have put together last 12 days is a lot of Members who Cochran Hutchison Specter a foolproof amendment? Is it foolproof? want to put out a press release saying Collins Inhofe Stevens No. It is a sense of the Senate. It is they have increased it even more. And Craig Kyl Thomas Crapo Lott Thompson saying: Let’s live up to our promises, so they know when we are using au- DeWine Lugar Thurmond our promises not to ourselves but our thorization money, that we are using Domenici McCain Warner promises to the children of America funny money to some degree. The real Ensign McConnell and the people of America who we said money comes out of the Appropriations Enzi Miller we were going to help. Committee. We know that when the NAYS—50 This amendment simply says: Put Appropriations Committee meets, it is Akaka Dorgan Lieberman your money where your mouth is. going to make its decisions no matter Baucus Durbin Lincoln Bayh Edwards Mikulski Don’t give a lot of speeches, don’t do a what the authorization committee says Biden Feingold Murray lot of photo opportunities unless you because that is the way it has worked Bingaman Feinstein Nelson (FL) spend it. We know they can do it if around here since time immemorial, or Boxer Graham Nelson (NE) they want. The Domenici amendment, Breaux Harkin Reed at least in this century. Byrd Hollings Reid which says ‘‘do as much as possible,’’ is As a practical matter, what we can Cantwell Inouye Rockefeller the most elastic check I have ever do that is constructive is pass a good Carnahan Jeffords Sarbanes seen. No one will cash it. bill that has good policy and also make Carper Johnson Schumer Cleland Kennedy Stabenow So, my colleagues, I urge a ‘‘no’’ vote it clear to the Appropriations Com- Clinton Kerry Torricelli on the Domenici amendment, which mittee that we expect them to fund Conrad Kohl Voinovich will not provide the necessary funding education to the fullest extent pos- Corzine Landrieu Wellstone for our kids, and a ‘‘yes’’ vote on the Daschle Leahy Wyden sible, which is what the Domenici Dayton Levin Schumer-Boxer amendment. amendment requests and what is rea- The PRESIDING OFFICER. The Sen- sonable. NOT VOTING—1 ator’s time has expired. We have somebody backing us up on Dodd The Senator from New Hampshire this, and that is the President, who has The amendment (No. 801), as modi- has 31⁄2 minutes remaining. already said that the number proposed fied, was rejected. Mr. GREGG. Is that all the time re- in the budget is something he is going Mr. HARKIN. I move to reconsider maining on either side? to exceed, again by a factor of poten- the vote by which the amendment was The PRESIDING OFFICER. That is tially 10, or somewhere in that range, agreed to. all the time remaining. in the area of title I. Mr. SARBANES. I move to lay that Mr. GREGG. Mr. President, I appre- The PRESIDING OFFICER. The Sen- motion on the table. ciate the energy of the Senator from ator’s time has expired. The motion to lay on the table was New York, but I cannot agree with his The Senator from New Mexico had an agreed to. position. The fact is, we finally have a additional 4 minutes. AMENDMENT NO. 800 President who is focused on education, Mr. GREGG. The Senator from New The PRESIDING OFFICER. Under who is focused on the fact that we, as Mexico has yielded his time to me, so I the previous order, 4 minutes is evenly a nation, and as a federal government, claim the Senator’s time. divided between the Senators from New have totally failed in our responsibility The PRESIDING OFFICER. Without York and the Senator from New Hamp- to low-income children. We have spent objection, it is so ordered. shire. over $120 billion of taxpayers’ money, Mr. GREGG. I yield back the time Mr. SCHUMER. Mr. President, I as- and we have still left the low-income and ask for the yeas and nays on the sume I have 2 minutes. child behind in America. Domenici amendment. The PRESIDING OFFICER. The Sen- We finally have a President who has The PRESIDING OFFICER. Is there a ator is correct. said: No longer are we going to tolerate sufficient second? Mr. SCHUMER. I yield 1 minute to this. We are not going to tolerate tak- There appears to be. my colleague on this amendment, the ing taxpayers’ money and allegedly The yeas and nays were ordered. Senator from California. using it to benefit the low-income Mr. KENNEDY. Mr. President, I ask Mrs. BOXER. Mr. President, we have child, and finding out that generation for the yeas and nays on the Schumer- been working for 7 or 8 weeks on this after generation of low-income chil- Boxer amendment as well. bill. What is wonderful about it is we dren have not been able to realize the The PRESIDING OFFICER. Is there a have worked on it under the Repub- American dream because they have not sufficient second? lican leadership and now under the been able to get an education. We have There appears to be a sufficient sec- Democratic leadership. What we have a President who has finally stood up ond. done is quite extraordinary. We have for the low-income child and his or her The yeas and nays were ordered. truly made education a priority in this right to receive a decent education in The PRESIDING OFFICER. The Nation. our country. question is on agreeing to the Domen- This chart lists all of the good things We brought a bill to this Chamber. It ici amendment No. 801, as modified. we have added to this bill over and isn’t exactly what I wanted, I know it The clerk will call the roll. above the Bush budget. Members from isn’t exactly what the other side want- The assistant legislative clerk called both sides of the aisle have added these ed, but it has, as its essence, the ele- the roll. amendments, whether afterschool, ments that will bring about some sig- Mr. REID. I announce that the Sen- IDEA, title I, teacher quality. I don’t nificant changes in the way we deliver ator from Connecticut (Mr. DODD) is even have time to go through the education in this country, especially necessarily absent. whole list in a minute. on behalf of low-income children. And, The PRESIDING OFFICER (Mr. NEL- In our amendment, the Schumer- more importantly—or equally as im- SON of Florida). Are there any other Boxer amendment, we are saying we portant—the President has said: I am Senators in the Chamber desiring to should fund this bill. We should fund going to support that policy with dol- vote? these programs. We should lift these lars. He has put on the table more dol- The result was announced—yeas 49, kids up and deliver on the rhetoric and lars than the prior President ever put nays 50, as follows: the promises we have made. S6194 CONGRESSIONAL RECORD — SENATE June 13, 2001 It is a very simple amendment. I urge bill, and I support increased Federal Inhofe Murkowski Specter Kohl Nickles Stevens the support of Members. aid for education, I think this amend- Kyl Roberts Thomas The PRESIDING OFFICER. The Sen- ment is premature. I did not vote for Lott Santorum Thompson ator from New York. the previous amendment upon which Lugar Sessions Thurmond Mr. SCHUMER. Mr. President, this the Senate just acted. At this time, ap- McCain Shelby Voinovich McConnell Smith (NH) Warner amendment is simple. It says we ought propriators have no idea what the con- Miller Smith (OR) to do what we say we are going to do. ference report on this bill will resem- We have made and the President has ble. We have no idea what the final dol- NOT VOTING—1 made education a hallmark of this lar amount for this bill will be. We may Dodd election campaign and this new Con- not know that final amount for several The amendment (No. 800) was re- gress, beginning in Washington. It weeks. It would be misleading to com- jected. would be the cruelest of broken prom- mit to any particular dollar figure be- Mr. DOMENICI. Mr. President, I ises to have a debate for weeks and fore we see where the conference report move to reconsider the vote. then not actually appropriate the on this bill shows us to be. To do other- Mr. GREGG. I move to lay that mo- money we say we are going to appro- wise is to ask the Appropriations Com- tion on the table. priate. mittee to buy a pig in a poke. The motion to lay on the table was The present budget resolution cannot I will not support this amendment. I agreed to. do it. It has a paltry $1.7 billion in- did not support the previous amend- Mr. GREGG. Mr. President, I suggest crease, not enough to even do one-quar- ment. the absence of a quorum. ter of what we say we are going to do To jump in now and to commit to an The PRESIDING OFFICER. The on title I, let alone all the other prior- unknown funding level, I think, as an clerk will call the roll. ities. appropriator, is irresponsible. As an ap- The legislative clerk proceeded to If Members want to put their money propriator, I cannot do that. I will not call the roll. where their mouth is, if Members want do that. And if this continues, we will Mr. COCHRAN. Mr. President, I ask to give the people in America faith in see more and more of these amend- unanimous consent that the order for the system, that we do not just debate ments that try to put the Senate on the quorum call be rescinded. things but we do things, Members will record and committing the Appropria- The PRESIDING OFFICER. Without vote for this amendment that says it is tions Committee to bind itself to a objection, it is so ordered. the sense of the Senate that we ought money figure before we really know all Mr. COCHRAN. Mr. President, as I to appropriate what we are author- the facts. understand, if there is going to be a lit- izing. This is for the kids of America. I Resources are scarce this year and we tle lull in the routine right now, I urge a bipartisan vote for it. will have to stretch and strain to meet thought I would take advantage of this The PRESIDING OFFICER. The Sen- this Nation’s needs. Premature com- opportunity to advise the Senate that, ator from New Hampshire. mitments will only make the difficult at my request, the managers’ amend- Mr. GREGG. I yield such time as he job of appropriating more difficult. To ment, No. 585, to this bill includes a may consume to the Senator from New use an old West Virginia expression: new provision in the Early Reading Mexico. I’ll roll up my britches when I get to First Program. The Early Reading Mr. DOMENICI. Mr. President, it has the creek. We will do the best we can First Program is designed to improve been the history of the Senate that we when we have more information. the language and early literacy devel- authorize legislation and we appro- The PRESIDING OFFICER. All time opment of children ages 3 through 5. priate or pay for legislation that has has expired. The question is on agree- Reading, as we all know, is the most been adopted. In this case, this sense- ing to amendment No. 800. The yeas important and fundamental skill for of-the-Senate resolution stands that on and nays have been ordered. children to learn. its head and says, whatever it is we The clerk will call the roll. This new provision in the bill will allow the use of Federal funds and au- voted on to be authorized, we shall The legislative clerk called the roll. thorize the appropriation of funds for fund. The appropriators shall pay for Mr. REID. I announce that the Sen- it. dissemination of a reading readiness ator from Connecticut (Mr. DODD) is screening tool that is based on top Now, historically we always author- necessarily absent. quality research for children in this ize more than we can afford. We are The PRESIDING OFFICER. Are there age group. doing the same thing in this bill. As a any other Senators in the Chamber de- The National Council on Learning matter of fact, if that sense of the Sen- siring to vote? Disabilities has developed such a tool ate were adopted, we would increase The result was announced—yeas 49, which is based on the report and re- education 100 percent in the first nays 50, as follows: year—not 10, not 20, not 30, but 100 per- search that was reviewed by the Na- cent. Over the next 7 years, we would [Rollcall Vote No. 186 Leg.] tional Reading Panel. increase it by $300 billion. This has YEAS—49 To acquaint the Senate with the nothing to do with the President’s Akaka Dorgan Lincoln work that has been done in this area, Baucus Durbin Mikulski the National Reading Panel was cre- commitments. It has to do with the Bayh Edwards Murray Senate taking a typical authorization Biden Feingold Nelson (FL) ated at our suggestion as a result of bill and adding all kinds of nice, good, Bingaman Feinstein Nelson (NE) legislation that was introduced back in wholesome, wonderful amendments Boxer Graham Reed 1997. Subsequently, the report accom- Breaux Harkin Reid that we are not going to pay for be- Cantwell Hollings Rockefeller panying the Fiscal Year 1998 Labor- cause we don’t have the money. The Carnahan Inouye Sarbanes HHS and Related Agencies Appropria- appropriators will pay for what they Carper Jeffords Schumer tions Act called on the National Insti- Cleland Johnson Snowe tute of Child Health and Human Devel- can afford. We cannot tell the appropri- Clinton Kennedy Stabenow ators in advance; they have a myriad of Collins Kerry Torricelli opment and the Department of Edu- programs to look at in terms of prior- Conrad Landrieu Wellstone cation to form a panel to evaluate ex- ities, and we would be telling them it is Corzine Leahy Wyden isting research on the teaching of read- Daschle Levin the sense of the majority of Members Dayton Lieberman ing to children, to identify proven saying: Appropriators, you will; you methodologies, and suggest ways for shall; there is no escape; you will pay NAYS—50 dissemination of this information to for every amendment that has been Allard Chafee Frist teachers, parents, universities, and Allen Cochran Gramm adopted as if it were appropriated. Bennett Craig Grassley others. Mr. BYRD. Will the Senator yield? Bond Crapo Gregg As a result of that initiative and the Mr. DOMENICI. Indeed, I am pleased Brownback DeWine Hagel work that was done, there has been to. Bunning Domenici Hatch published one example of this initia- Burns Ensign Helms Mr. BYRD. Mr. President, while I Byrd Enzi Hutchinson tive. It is prepared by the National support many of the provisions in this Campbell Fitzgerald Hutchison Center for Learning Disabilities. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6195 With this legislation that is identi- date’’ for April 2001 features an article Instruction, available free by request at fied by me in this amendment in the by Dr. Reid Lyon, chief of the Child De- www.nationalreadingpanel.org. The report is managers’ package, this is the kind of velopment and Behavior Branch at the published jointly by the National Institute material that will be disseminated National Institute of Child Health and of Child Health and Human Development, the U.S. Department of Education, and the with the use of Federal funds to Human Development. He says in the National Institute for Literacy (NIFL). schools, to universities, to departments article: NIFL, a government agency that dissemi- of education at universities, and others Today’s teachers have a number of re- nates evidence-based information on reading, who are interested in the latest and sources that can help them discriminate be- is also developing information and tools spe- best information about how to teach tween research that can be trusted and re- cifically for teachers. young children who have reading dif- search that cannot be. One such resource is All teachers want to do the best for their ficulties, and new techniques for teach- The Report of the National Reading Panel. students. When our children learn, everyone Mr. President, I ask unanimous con- wins. Solid, research-based approaches can ing those who will acquire develop- help children do just that! mental skills at a faster rate and more sent that a copy of Dr. Reid Lyon’s ar- Mr. COCHRAN. Mr. President, I yield efficiently, to equip them to be suc- ticle be printed in the RECORD. There being no objection, the article the floor. cessful in the early grades of school. The PRESIDING OFFICER. The Sen- So I bring this to the attention of the was ordered to be printed in the ator from New York. Senate to let everyone know that there RECORD, as follows: AMENDMENT NO. 516, AS FURTHER MODIFIED has been, over time, a very successful SOLID RESEARCH, SOLID TEACHING Mrs. CLINTON. Mr. President, I ask effort, first by the research institutes (By G. Reid Lyon) unanimous consent to lay aside the at the National Institutes of Health, to Teachers frequently tell me that they see do some fundamental research into little value in basing their teaching prac- pending amendment and call up why children have difficulties learning tices on the results of ‘‘educational re- amendment No. 516, as modified, and to read, and things that can be done to search.’’ They point out that the research re- ask that it be further modified with help overcome those difficulties. ports are difficult to understand, frequently the language I send to the desk. That research has now been used by do not apply to the specific children they are The PRESIDING OFFICER. Is there teaching, and often reflect ‘‘turf battles’’ be- the Department of Education because objection? tween academics espousing different re- The Chair hears none, and it is so or- of legislation we adopted in the past, search philosophies. dered. and now we have come to the point I know firsthand the devastating effect The amendment is so modified. where there are some specific programs that poor quality research has on teaching The amendment, as further modified, practices and the trust teachers have in edu- and practices that are being rec- is as follows: ommended throughout the country as a cational research. As a brand new third- grade teacher in the mid-1970s, I was respon- On page 586, between lines 18 and 19, insert result of the work of the National the following: Reading Panel whom we charged with sible for teaching 28 students of varying abilities and backgrounds. Unfortunately, SEC. ll. STUDY CONCERNING THE HEALTH AND the job of translating those research many of my students had not yet learned LEARNING IMPACTS OF DILAPI- findings into teaching practices and basic reading skills and were clearly floun- DATED OR ENVIRONMENTALLY techniques. UNHEALTHY PUBLIC SCHOOL dering in almost every aspect of their aca- BUILDINGS ON AMERICA’S CHIL- What this research has told us—just demic work. DREN AND THE HEALTHY AND HIGH as an example—is that 75 percent of However, the university courses that I had PERFORMANCE SCHOOLS PROGRAM. children with reading difficulties who taken to become certified as an elementary Title IV, as amended by this title, is fur- are not identified by the time they school teacher led em to believe these ther amended by adding at the end the fol- reach age 9 will still have poor reading youngsters would learn to read when they lowing: were ready. Likewise, my school’s reading ‘‘PART E—MISCELLANEOUS PROVISIONS skills at the end of high school; 80 to 90 curriculum was based on the assumption percent of children identified with that learning to read was a natural process, ‘‘SEC. 4501. STUDY CONCERNING THE HEALTH learning disabilities have their pri- AND LEARNING IMPACTS OF DILAPI- similar to learning to listen and speak. Thus DATED OR ENVIRONMENTALLY mary deficits in reading and language- children did not need to be taught basic UNHEALTHY PUBLIC SCHOOL based processes; research provides reli- reading skills in a systematic or direct man- BUILDINGS ON AMERICA’S CHIL- able ways to determine whether chil- ner. DREN. dren as young as age 4 are developing At the beginning of the year, a third of my ‘‘(a) STUDY AUTHORIZED.—The Secretary of the fundamental skills necessary to students read so slowly and inaccurately Education, in conjunction with the Director that they could not comprehend what they of the Centers for Disease Control and Pre- learn to read; and last, early identifica- read. Their spelling was also nothing to vention and in consultation with the Admin- tion and effective, early intervention write home about. Unfortunately, by the end istrator of the Environmental Protection can dramatically reduce the numbers of the year, these same students continued Agency and the Secretary of Energy, shall of students failing in reading. to read slowly and inaccurately. The only conduct a study on the health and learning Back in April of last year, the panel change I could discern was that their moti- impacts of dilapidated or environmentally submitted its report to Congress at a vation to read had waned—they would actu- unhealthy public school buildings on chil- hearing of our Senate Appropriations ally avoid reading—and their self-esteem had dren that have attended or are attending subcommittee chaired by Senator suffered considerably. Likewise, I felt like a such schools. failure as a teacher. ‘‘(b) STUDY SPECIFICATIONS.—The following SPECTER of Pennsylvania. Some of the It wasn’t until later in my research career information shall be included in the study most important research that I hoped that I learned that the way I was trained to conducted under subsection (a): could be made available to teachers teach reading, and the way that the reading ‘‘(1) The characteristics of public elemen- and parents is the information about series recommended that literacy concepts tary and secondary school buildings that the skills young children need to have should be taught, were based upon research contribute to unhealthy school environ- in order to be ready to read and, be- that was questionable at best. Indeed, I came ments, including the prevalence of such yond that, how to help them attain to learn later that the assumptions upon characteristics in public elementary and sec- those skills. This dissemination of a which the instructional philosophy and ondary school buildings. Such characteris- methods rested had never been adequately tics may include school buildings that— user-friendly predictor of reading read- tested through well-designed studies. ‘‘(A) have been built on contaminated iness will ensure that more children ar- Today’s teachers have a number of re- property; rive at school with the skills they sources that can help them discriminate be- ‘‘(B) have poor in-door air quality; need, and early identification of those tween research that can be trusted and re- ‘‘(C) have high occurrences of mold; children who need extra help will be search that cannot be. Now, when almost ‘‘(D) have ineffective ventilation, heating possible. every reading program and set of instruc- or cooling systems, inadequate lighting, This amendment will finally ensure tional materials are said to be ‘‘research- drinking water that does not meet health- that parents and teachers have avail- based,’’ teachers need to know that many of based standards, infestations of rodents, in- sects, or other animals that may carry or able the first tool they need to begin these products are based upon beliefs and dogma rather than on scientific data. cause disease; the important steps to learning to One such resource is the The Report of the ‘‘(E) have dust or debris from crumbling read. National Panel—An Evidence-Based Assess- structures or construction efforts; and The Department of Education’s ment of the Scientific Research Literature ‘‘(F) have been subjected to use of pes- monthly publication ‘‘Community Up- on Reading and Its Implications for Reading ticides, insecticides, chemicals, or cleaners, S6196 CONGRESSIONAL RECORD — SENATE June 13, 2001

lead-based paint, or asbestos or have radon ‘‘(3) STATE USE OF FUNDS.— ‘‘(1) IN GENERAL.—A State receiving a or other hazardous substances prohibited by ‘‘(A) SUBGRANTS.— grant under this section shall use— Federal or State Codes. ‘‘(i) IN GENERAL.—A State educational ‘‘(A) not less than 70 percent of such grant ‘‘(2) The health and learning impacts of di- agency receiving a grant under this section funds to carry out subsection (c)(3)(A); and lapidated or environmentally unhealthy pub- shall use the grant funds made available ‘‘(B) not less than 15 percent of such grant lic school buildings on students that are at- under subsection (d)(1)(A) to award sub- funds to carry out subsection (c)(3)(B). tending or that have attended a school de- grants to local educational agencies to per- ‘‘(2) RESERVATION.—The Secretary may re- scribed in subsection (a), including informa- mit such local educational agencies to carry serve up to 1% per year from amounts appro- tion on the rates of such impacts where out the activities described in paragraph (4). priated under subsection (f) to assist State available. Such health impacts may include ‘‘(ii) LIMITATION.—A State educational educational agencies in coordinating and im- higher than expected incidence of injury, in- agency shall award subgrants under clause plementing the Program. fectious disease, or chronic disease, such as (i) to the neediest local educational agencies ‘‘(e) REPORT TO CONGRESS.— asthma, allergies, elevated blood lead levels, as determined by the state and that have ‘‘(1) IN GENERAL.—The Secretary shall con- behavioral disorders, or ultimately cancer. made a commitment to use the subgrant duct a biennial review of State actions im- Such learning impacts may include lower funds to develop healthy, high performance plementing this section, and shall report to levels of student achievement, inability of school buildings in accordance with the plan Congress on the results of such reviews. students to concentrate, and other edu- developed and approved pursuant to clause ‘‘(2) REVIEWS.—In conducting such reviews, cational indicators. (iii)(I). the Secretary shall assess the effectiveness ‘‘(3) Recommendations to Congress on how ‘‘(iii) IMPLEMENTATION.— of the calculation procedures used by State to assist schools that are out of compliance ‘‘(I) PLANS.—A State educational agency educational agencies in establishing eligi- with Federal or State codes to achieve shall award subgrants under subparagraph bility of local educational agencies for sub- healthy and safe school environments, how (A) only to local educational agencies that, grants under this section, and may assess to improve the overall monitoring of public in consultation with the State educational other aspects of the Program to determine school building health, and a cost estimate agency and State offices with responsibil- whether the aspects have been effectively of bringing all public schools up to such ities relating to energy and health, have de- implemented. standards. veloped plans that the State educational ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) The identification of the existing gaps agency determines to be feasible and appro- There are authorized to be appropriated to in information regarding the health of public priate in order to achieve the purposes for the Secretary to carry out this section— elementary and secondary school buildings which such subgrants are made. ‘‘(1) $50,000,000 for fiscal year 2002; and and the health and learning impacts on stu- ‘‘(II) SUPPLEMENTING GRANT FUNDS.—The ‘‘(2) such sums as may be necessary for dents that attend dilapidated or environ- State educational agency shall encourage each of fiscal years 2003 through 2011. mentally unhealthy public schools, including qualifying local educational agencies to sup- ‘‘(g) DEFINITIONS.—In this section: recommendations for obtaining such infor- plement their subgrant funds with funds ‘‘(1) HEALTHY, HIGH PERFORMANCE SCHOOL mation. from other sources in the implementation of BUILDING.—The term ‘healthy, high perform- ‘‘(5) The capacity (such as the district their plans. ance school building’ means a school build- bonded indebtedness or the indebtedness au- ‘‘(B) ADMINISTRATION.—A State edu- ing which, in its design, construction, oper- thorized by the district electorate and pay- cational agency receiving a grant under this ation, and maintenance, maximizes use of re- able from the general property taxes levied section shall use the grant funds made avail- newable energy and energy-efficient prac- by the district) of public schools that are di- able under subsection (d)(1)(B)— tices, is cost-effective, uses affordable, envi- lapidated or environmentally unhealthy to ‘‘(i) to evaluate compliance by local edu- ronmentally preferable, durable materials, provide additional funds to meet some or all cational agencies with the requirements of enhances indoor environmental quality, and of the school’s renovation, repair, or con- this section; protects and conserves water. struction needs. ‘‘(ii) to distribute information and mate- ‘‘(2) RENEWABLE ENERGY.—The term ‘re- ‘‘(6) The degree to which funds expended by rials on healthy, high performance school newable energy’ means energy produced by public schools to implement improvements buildings for both new and existing facilities; solar, wind, geothermal, hydroelectric, or or to address the conditions examined under ‘‘(iii) to organize and conduct programs for biomass power.’’. this study are, or have been, appropriately school board members, school district per- (f) LIMITATIONS.—No funds received under managed by the legally responsible entities. sonnel, and others to disseminate informa- this section may be used for— ‘‘(c) STUDY COMPLETION.—The study under tion on healthy, high performance school (1) payment of maintenance of costs in subsection (a) shall be completed by the ear- buildings; connection with any projects constructed in lier of— ‘‘(iv) to obtain technical services and as- whole or in part with Federal funds provided ‘‘(1) not later than 18 months after the date sistance in planning and designing healthy, under this Act; of enactment of this Act; or high performance school buildings; and (2) the construction of new school facili- ‘‘(2) not later than December 31, 2002. ‘‘(v) to collect and monitor information ties; ‘‘(d) PUBLIC DISSEMINATION.—The Secretary pertaining to the healthy, high performance (3) stadiums or other facilities primarily shall make the study under this section school building projects funded under this used for athletic contests or exhibitions or available for public consumption through the section. other events for which admission is charged Educational Resources Information Center ‘‘(4) LOCAL USE OF FUNDS.— to the general public. National Clearinghouse for Educational Fa- ‘‘(A) IN GENERAL.—A subgrant received by Mrs. CLINTON. Mr. President, last cilities of the Department of Education. a local educational agency under paragraph ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (3)(A) shall be used for renovation projects week I offered this amendment to ad- There is authorized to be appropriated that— dress two critical concerns faced by our $2,000,000 for fiscal year 2002 for the conduct ‘‘(i) achieve energy-efficiency performance schools that often do not rise to the of the study under subsection (a). that reduces energy use to at least 30 percent forefront of our education debate but ‘‘SEC. 4502. HEALTHY AND HIGH PERFORMANCE below that of a school constructed in compli- frequently have a direct impact on how SCHOOLS PROGRAM. ance with standards prescribed in Chapter 8 well our children can learn and how ‘‘(a) SHORT TITLE.—This section may be of the 2000 International Energy Conserva- cited as the ‘Healthy and High Performance much it costs to run the average school tion Code, or a similar State code intended in our country. Schools Act of 2001’. to achieve substantially equivalent results; ‘‘(b) PURPOSE.—It is the purpose of this and The first issue is ensuring that our section to assist local educational agencies ‘‘(ii) achieve environmentally healthy children attend schools that are envi- in the production of high performance ele- schools in compliance with Federal and ronmentally sound in order to protect mentary school and secondary school build- State codes intended to achieve healthy and their health and well-being. ings that are energy-efficient and environ- safe school environments. The second issue is helping schools mentally healthy. ‘‘(B) EXISTING BUILDINGS.—A local edu- ‘‘(c) PROGRAM ESTABLISHMENT AND ADMIN- save money on their energy bills by cational agency receiving a subgrant under ISTRATION.— providing them with resources to be- paragraph (3)(A) for renovation of existing ‘‘(1) PROGRAM.—There is established in the come more energy efficient. Our school buildings shall use such subgrant Department of Education the High Perform- funds— schools can then reinvest those energy ance Schools Program (in this section re- ‘‘(i) to achieve energy efficiency perform- savings where they belong, into edu- ferred to as the ‘Program’). ance that reduces energy use below the cational resources such as books or ‘‘(2) GRANTS.—The Secretary, in consulta- school’s baseline consumption, assuming a 3- computers or more training for teach- tion with the Secretary of Energy and the year, weather-normalized average for calcu- ers, which can really make a difference Administrator of the Environmental Protec- lating such baseline in the lives of children. tion Agency, may, through the Program, ‘‘(ii) and to help bring schools into compli- award grants to State educational agencies ance with Federal and State health and safe- I understand that since the time I of- to permit such State educational agencies to ty standards. fered this amendment, there has been carry out paragraph (3). ‘‘(d) ALLOCATION OF FUNDS.— some concerns that the amendment June 13, 2001 CONGRESSIONAL RECORD — SENATE S6197 might help to fund new school con- know what a child may do. That is my Centers for Disease Control and the En- struction or renovation projects. Let point. We have to be sure the environ- vironmental Protection Agency, to me be very clear that while I do sup- ment in which our children attend evaluate the health and learning im- port a Federal role in school mod- school and the playgrounds on which pacts of environmentally unhealthy ernization, construction, and renova- they play are not causing them harm. and dilapidated public school buildings, tion, this amendment is not intended In that 1996 GAO study, we found the impacts on children who have at- to address the unmet needs of our Na- that two-thirds of the schools that tended or are attending such schools. tion’s schools when it comes to con- were investigated were not in compli- We would ask the researchers specifi- struction and renovation. ance with requirements to remove or cally to determine the characteristics I have offered this amendment be- correct hazardous substances, includ- of our public elementary and secondary cause I am very concerned that we sim- ing asbestos, lead, underground storage school buildings that contribute to any ply do not have a comprehensive under- tanks, and radon. unhealthy environment. standing of the problems children face Experts believe that exposures during In addition to this study, I have also who attend environmentally unhealthy the early years, when children are de- called for resources to help our States or dilapidated schools. There are no na- veloping, can have severe long-term ef- and local school districts make their tionwide statistics or in-depth research fects. Even more alarming, a recent schools healthier and more energy effi- to help us know and understand the ex- study indicates that children exposed cient. I am very pleased I was able to tent of the problems in our schools. to levels of lead now considered safe work closely with Senator MURKOWSKI While the majority in this body may may be at risk of lead poisoning from to align my amendment with a concept not agree that the Federal Government peeling paint. he had included in his comprehensive should have a role in helping States Listen to this new research con- energy bill to help our schools become and localities construct and renovate ducted by the Children’s Hospital Med- more energy efficient. public schools, I do strongly believe— ical Center of Cincinnati, OH, showing Both the chair of the Energy Com- and believe there should be broad sup- that children who have less than 10 mittee, Senator BINGAMAN, and the port for the proposition—that we must micrograms of lead per deciliter of ranking minority member, Senator understand better the health and edu- blood experience a decline in their IQs. MURKOWSKI, have offered their support cational impacts children may face if There was an average of a 5.5-percent for this amendment. They recognize they attend schools that have environ- drop in a child’s IQ for every 10- the importance of helping our schools mentally unhealthy conditions, or that microgram increase in lead. Children become more energy efficient and the deterioration of the schools are in this study experienced hearing loss, being able to increase our energy sup- such that it affects a child’s health. speech delay, balance difficulties, and ply while paying for the cost of energy. Every day, in old or poorly main- even tendencies toward acting out and The U.S. Department of Energy esti- tained school buildings around the violent behavior. mates that schools could save 25 to 30 country, students of all ages sit in I am also concerned that we are fac- percent of the money they spend on en- classrooms where they are forced to ing a soaring rate of asthma across the ergy. That is about $1.5 billion. And breathe in stale air or even mold spores country. The epicenter is in New York they could achieve this through better that make them sick and could have City and California, but it affects every building design, using energy-efficient and renewable energy technologies, and long-term debilitating effects on their State in the Union. The indoor air improving operations and mainte- abilities to learn. quality of our schools must be exam- We know from a 1996 GAO study that ined to find out whether or not it is nance. About 2 weeks ago, I went to King- 15,000 schools in our country have in- contributing to this skyrocketing rate ston, NY. I visited a school district door pollution or ventilation problems of asthma, which is the leading cause that is ahead of the curve, which got a affecting over 11 million children and of school absenteeism. grant to do exactly what the grants in that, furthermore, as many as 25 mil- These bits and pieces of research, this amendment would provide. They lion children nationwide are attending only a few of which I have shared in have already saved—in this rather schools with at least one unsatisfac- these remarks, paint a picture of a small school district—$400,000. Because problem that we must learn more tory environmental condition. But we of that, I put out this brochure, often have no idea whatsoever what ef- about. Groups around the country have ″ ‘‘Smart Schools Save Energy.’’ It is to fects these so-called ‘‘sick schools done a great job bringing this to our promote energy efficiency in New York have on the students who attend them. attention. State schools. We have distributed it to At least once a week I read stories in I, again, applaud the Healthy Schools every single superintendent in New the press such as the one I found in the Network in Albany, NY, for all the tre- York. New York Post this morning. The Post mendous work it has done to document It talks about what can be done to reported that while doing work on sub- this problem in New York State. Since save energy costs. The catch is, as su- way stations in the Bronx, transit I introduced this amendment, I have perintendents have told me, there is no crews chipped lead paint into the air, been pleased to receive the endorse- money in their current budgets to do with no protection to catch that paint, ment of the American Lung Associa- this. It is kind of a catch-22 problem. If which then fell into the yard of a pub- tion, the Asthma and Allergy Founda- they could save the money from energy lic school filled with students from tion of America, the American Public use, then they would have the money kindergarten through to the seventh Health Association, the Institute of to put into other needs, such as better grade. Children’s Environmental Health, the teacher training and the like. I also know the Presiding Officer is Massachusetts Healthy Schools Net- This amendment provides the grants deeply concerned about something we work, the New York City Board of Edu- that will help schools make their build- recently learned, which is that play- cation, the Parent Teacher Associa- ings healthier and more energy effi- ground equipment is sometimes treated tion, the American Federation of cient. By incorporating provisions of with arsenic and that arsenic-treated Teachers, and the Children’s Environ- legislation I recently introduced, the playground equipment is then put into mental Health Network. Healthy and High Performance Schools the playgrounds of our schools. The The American Public Health Associa- Act of 2001, we will be able to provide Presiding Officer has been a leader in tion recently passed a resolution call- more information about the materials trying to end this terrible practice so ing for further research on the extent to be used and to help districts orga- that we protect our children who, and impact of children’s environmental nize and conduct programs for school based on my experience—being one health and safety risks and exposures board members and personnel and to once a very long time ago, but having at school and prevention measures, in- help provide compliance with Federal raised my own and going to many play- cluding research sponsored by the U.S. and State codes to make each of our grounds—children do the strangest Department of Education. This amend- schools healthier and more energy effi- things. They roll on the ground. They ment would authorize $2 million for a cient. put the dirt in their mouths. They bite study conducted by the Department of I stress that, while these funds could the playground equipment. You never Education, in conjunction with the not be used to construct new buildings, S6198 CONGRESSIONAL RECORD — SENATE June 13, 2001 they would help schools assess how by the clerk, Senator HARKIN or his ‘‘(2) LIMITATION.— they can become more energy efficient designee be recognized to offer a first- ‘‘(A) IN GENERAL.—A child with a disability when and if they do renovate their degree amendment regarding IDEA, who is removed from the child’s regular edu- schools, which would save money in which is at the desk; further, that cational placement under paragraph (1) shall receive a free appropriate public education the long run. there be 1 hour for debate on the which may be provided in an alternative edu- This is the kind of common sense amendments with 15 minutes under the cational setting if the behavior that led to help we could provide to our schools control of each of the following Sen- the child’s removal is a manifestation of the around the country. I believe we owe it ators: HARKIN, SESSIONS, KENNEDY, and child’s disability, as determined under sub- to our students and certainly to the GREGG; further, when the Senate re- paragraphs (B) and (C) of subsection (k)(4). parents who send their children off to sumes consideration of the education ‘‘(B) MANIFESTATION DETERMINATION.—The school every day to make sure there is bill at 9 a.m. on Thursday, there will be manifestation determination shall be made nothing at all in any schoolroom in an additional 60 minutes for closing re- immediately, if possible, but in no case later than 10 school days after school personnel any school building or on any school marks provided as above; further, upon decide to remove the child with a disability playground that could harm their the use or yielding back of the time, from the child’s regular educational place- child. If we undertake this study, we the Senate vote in relation to the Har- ment. will be able to give the kind of infor- kin amendment, followed by 4 minutes ‘‘(C) DETERMINATION THAT BEHAVIOR WAS mation and help that every parent and of debate, 2 minutes on each side, and NOT MANIFESTATION OF DISABILITY.—If the re- every school district needs, and we will a vote in relation thereafter to the Ses- sult of the manifestation review is a deter- be able to provide assistance to make sions amendment. mination that the behavior of the child with sure schools are energy efficient, which Following that, the Senate will re- a disability was not a manifestation of the child’s disability, appropriate school per- will save money. sume consideration of the Helms sonnel may apply to the child the same rel- As we have talked now for weeks, amendments Nos. 574 and 648. evant disciplinary procedures as would apply trying to provide the resources to en- The PRESIDING OFFICER (Mr. to children without a disability.’’. able our children to learn is the pri- REED). Is there objection? SEC. ll02. PROCEDURAL SAFEGUARDS. mary goal of every single one of us Mr. SESSIONS. Reserving the right Section 615 of the Individuals with Disabil- here. to object, Mr. President, my concern ities Education Act (20 U.S.C. 1415) (as I would be very grateful for support would be if I may give my remarks amended by section ll01) is amended by for this amendment to enable this to first, before Senator HARKIN. I am con- adding at the end the following: come about as part of our overall edu- cerned about that. That would be my ‘‘(o) DISCIPLINE DETERMINATIONS BY LOCAL cational reform efforts. request. AUTHORITY.— ‘‘(1) INDIVIDUAL DETERMINATIONS.—In car- I ask for a vote on the amendment, Mr. REID. That is fine. rying out any disciplinary policy described and I yield back the remainder of my The PRESIDING OFFICER. Does the in subsection (n)(1), school personnel shall time. Senator from Alabama object? have discretion to consider all germane fac- The PRESIDING OFFICER. The Sen- Mr. REID. Does the Senator with- tors in each individual case and modify any ator from Alabama. draw his objection? disciplinary action on a case-by-case basis. Mr. SESSIONS. Mr. President, what Mr. SESSIONS. My request was that ‘‘(2) DEFENSE.—Nothing in subsection (n) is the order of business at this time? I be allowed to speak first. precludes a child with a disability who is dis- The PRESIDING OFFICER. The Mr. REID. Of course. ciplined under such subsection from assert- pending amendment is the Clinton Mr. SESSIONS. I will not object. ing a defense that the alleged act was unin- tentional or innocent. The PRESIDING OFFICER. Is there amendment No. 416. ‘‘(3) LIMITATION.— Mr. SESSIONS. Mr. President, I ask objection? ‘‘(A) REVIEW OF MANIFESTATION DETERMINA- unanimous consent that we now turn Without objection, it is so ordered. TION.—If the parents or the local educational to amendment No. 604, an amendment I Without objection, the pending agency disagree with a manifestation deter- have offered. amendment is laid aside, and the Sen- mination under subsection (n)(2), the parents The PRESIDING OFFICER. Is there ator from Alabama is recognized. or the agency may request a review of that determination through the procedures de- further debate on the Clinton amend- AMENDMENT NO. 604, AS MODIFIED, TO scribed in subsections (f) through (i). ment? The Senator from Nevada. AMENDMENT NO. 358 ‘‘(B) PLACEMENT DURING REVIEW.—During Mr. REID. Mr. President, we are Mr. SESSIONS. Mr. President, I send the course of any review proceedings under ready for action on the Clinton amend- to the desk amendment No. 604, as subparagraph (A), the child shall receive a ment. modified. free appropriate public education which may The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The be provided in an alternative educational ator from New Hampshire. clerk will report. placement.’’. Mr. GREGG. Mr. President, I suggest The legislative clerk read as follows: SEC. ll03. ALTERNATIVE EDUCATION FOR CHIL- DREN WITH DISABILITIES. the absence of a quorum. The Senator from Alabama [Mr. SESSIONS] The PRESIDING OFFICER. The proposes an amendment numbered 604, as (a) IN GENERAL.—At the written request of clerk will call the roll. modified. a parent (as defined in section 602(19)(A) of The legislative clerk proceeded to the Individuals with Disabilities Education The amendment is as follows: Act) of a child with a disability (as defined in call the roll. AMENDMENT NO. 604, AS MODIFIED section 602(3) of such Act), a local edu- Mr. SESSIONS. Mr. President, I ask (Purpose: To amend the Individuals with Dis- cational agency in which the child resides, or unanimous consent that the order for abilities Education Act regarding dis- a State educational agency that is respon- the quorum call be rescinded. cipline) sible for educating the child, may transfer Mr. REID. Mr. President, I object. At the appropriate place, insert: the child to any accredited school that— The PRESIDING OFFICER. Objec- (1) is specifically designed to serve children TITLE ll—INDIVIDUALS WITH with disabilities; tion is heard. DISABILITIES The clerk will continue the call of (2) is selected by the child’s parents; SEC. ll01. DISCIPLINE. the roll. (3) agrees to accept the child; and Section 615 of the Individuals with Disabil- (4) carries out a program that the local The legislative clerk continued with ities Education Act (20 U.S.C. 1415) is amend- educational agency, or State educational the call of the roll. ed by adding at the end the following: agency, if appropriate, determines will ben- Mr. REID. Mr. President, I ask unan- ‘‘(n) UNIFORM POLICIES.— efit the child. imous consent that the order for the ‘‘(1) IN GENERAL.—Subject to paragraph (2), (b) PAYMENT TO SCHOOL; LIMITATION ON quorum call be rescinded. and notwithstanding any other provision of FURTHER RESPONSIBILITY.— The PRESIDING OFFICER. Without this Act, a State educational agency or local (1) IN GENERAL.—For each year for which a objection, it is so ordered. educational agency may establish and imple- child with a disability attends a school pur- Mr. REID. Mr. President, I ask unan- ment uniform policies regarding discipline suant to subsection (a), the local educational and order applicable to all children under the agency or State educational agency shall imous consent that Senator SESSIONS jurisdiction of the agency to ensure the safe- pay the school, from amounts available to now be recognized to call up amend- ty of such children and an appropriate edu- the agency under part B of the Individuals ment No. 604, as modified, and that fol- cational atmosphere in the schools under the with Disabilities Education Act, an amount lowing the reporting of the amendment jurisdiction of the agency. equal to the per-pupil expenditure for all June 13, 2001 CONGRESSIONAL RECORD — SENATE S6199 children in its public elementary and sec- knows that another who did the very amendments to IDEA relating to classroom ondary schools, or, in the case of a State same act was not removed from the discipline of disabled students. Classroom educational agency, the average per-pupil school. teachers must devote a significant amount of expenditure for the State, as defined in sec- In addition to that, there are ex- time and attention to address behaviors that tion 3(2) of the Elementary and Secondary traordinary problems within the class- interfere with the learning of students with Education Act of 1965. disabilities or their required disciplinary ac- room. I want to share some comments (2) TRANSFER.—Notwithstanding any other tion. Often this time and attention is to the provision of law, a local educational agency and letters I received from teachers in detriment of the other students in the class- or State educational agency that transfers a my State. I don’t believe it is different room and valuable instructional time is lost. child with a disability to a school under sub- from around the country. At one of our It is of a particular concern to me as a su- section (a) shall have no other responsibility hearings that Senator JEFFORDS perintendent to know that the roles and re- for the education of the child while the child chaired last year, a superintendent sponsibilities of both our general and special attends that school. from Vermont came and testified that educators have been redefined to the degree (c) USE OF FUNDS; ADDITIONAL CHARGES TO 20 percent of his school district’s budg- that teachers and administrators cannot act immediately when the situation demands it. PARENTS.—A school receiving funds under et goes to IDEA students. It is a matter subsection (b)(1)— Our teachers and administrators are com- (1) shall use the funds only to meet the of great importance. We want to give mitted to serving all children, regardless of costs of the child’s attendance at the school; them the highest possible opportunity needs, in a fair and equitable manner. If we and to succeed, but we also want to be sure don’t teach these children right from wrong (2) may, notwithstanding any other provi- we aren’t creating a circumstance that at a young age, how can they learn to act as sion of law, charge the child’s parents for the makes learning more difficult in the good law-abiding citizens as adults. costs of the child’s attendance at the school classroom than it ought to be. Another one writes: that exceed the amount of those funds. Let me read to you from a special There have been several students with dis- Mr. SESSIONS. Mr. President, there education program coordinator’s let- abilities at our school who totally disrupt is a real problem in education today in ter. This person works with special ed the learning environment of the regular kindergarten through 12th grade. Any- kids. He said: classroom. They yell out, try to run away, body who talks to teachers at any Thank you for your efforts to amend IDEA are defiant and create havoc in the class- length, as I have, will realize that dis- 97. room. The teachers are required to spend so cipline is a key problem for teachers, We thought that was going to help much time with these disruptive students that the other students are missing out on principals, and administrators. It un- when it passed in 1997. Teachers and the quality instruction they need to be suc- dermines the ability of learning in the principals are telling me it made the cessful. I hope that when you consider classroom, and it is not a healthy envi- situation worse. It didn’t help. changes in IDEA, you will not lose sight of ronment too often. It is a real chal- The restrictions inherent in this legisla- those other students who need to be provided lenge today. tion have the potential to cripple a school with quality education. Children are always difficult to man- system beyond repair. Although my job is to The letters go on. I will add one age, and in today’s world I think it is advocate for students with disabilities, I also more: feel a responsibility to protect the rights of more so than in the past. I have been all children to an appropriate education. I have dealt with several instances over to quite a number of schools in my An elementary school principal the last 3 years in which special education State over the last year—maybe as students have disrupted classrooms and wrote: many as 20. Each time, I spent a good threatened administrators and teachers. deal of time with teachers and prin- Today, general educators at all grade levels must deal with a large number of stu- I have heard that more than once. cipals and sometimes superintendents dents who are challenged. Having to deal In many cases, their parents use psycholo- and board members. We talked about with these behavior problems and to con- gists and lawyers to create a climate of in- what is going on. I can say with abso- stantly change behavior interventions not timidation. lute certainty that they told me over only takes away from important instruc- Another teacher wrote me this letter. and over again that the biggest prob- tional time, but inadvertently reinforces a I thought it was particularly poignant: disabled child’s behavior. All class rules lem they see from the Federal Govern- As a special educator of 6 years, I consider should apply to all students. Therefore, they ment is the discipline rules that have myself on the front lines of the ongoing bat- should have the same disciplinary actions. been set forth under the Individuals tles that take place on a daily basis in our With Disabilities Education Act. A middle school principal wrote: Nation’s schools. I strongly believe that part I suggest that if anybody is doubtful I am a middle school principal of a great of the ammunition that fuels these struggles about that, call a schoolteacher they school with wonderful children. I have wit- are the rights guaranteed to certain individ- nessed the evolution of IDEA and am very know and talk to them about what is uals by IDEA 97. The law, though well-inten- concerned about the impact these regula- tioned, has become one of the single greatest being said and what is occurring within tions have on public education. This issue is obstacles that educators face in their fight their schools. I was amazed. It is a Fed- causing many fine teachers to reconsider to provide all our children with a quality en- eral mandate. It is a law that has the their choice of professions after a few years vironment education delivered in a safe envi- best of all intentions to deal with dis- in education. ronment. abled children, and I support it en- Most of us know that most teachers There are examples that I can offer first- tirely. But there have been some unin- who decide to give up the profession do hand. However, let me reiterate, I am a spe- tended consequences in how children so because of discipline problems and cial educator. I have dedicated my life to helping children with special needs. It is my are disciplined in a classroom. We have the frustrations of trying to maintain job to study and know the abilities and limi- absolutely created two classes of chil- discipline in the classroom. tations of such children. I have a bachelor’s dren for the purpose of discipline. A high school principal wrote: degree in psychology and master’s degree in I have had teachers tell me: JEFF, I am writing to support your efforts to special education and a Ph.D. in good old last year in this very school a child change some of the current special education common sense. Nowhere in my educational who was a disabled child sold mari- laws. The current laws are very frustrating process have I been taught that a certain few juana to two other children. The two in dealing with disruptive pupils. In order for disabled students should have a right to en- who bought it were removed from us to maintain and provide a safe environ- danger the right to an education of all other ment for all students, your provisions must disabled children. It’s nonsense, it’s wrong, school. The one who sold it, because he be made in the law. it’s dangerous, and it must be stopped. was disabled, could not be removed A city school superintendent wrote There is no telling how many instructional from school under Federal law. I have this: hours are lost by teachers in dealing with be- had circumstances where another havioral problems. In times of an increasing In the short time since these regulations competitive global society, it is no wonder teacher told me about two children have been in effect, numerous instances have that American students fall short. Certain who brought a gun to the parking lot. taken place involving special ed students students are allowed to remain in the class- They didn’t bring it into the school, where hardships, disruptions, and chaos have room robbing the other children of hours but they violated the school rules, and resulted from restraints placed on the ad- that can never be replaced. There is no need ministrators by the new regulations. one that was disabled was able to stay to extend the school day. There is no need to in school. The teacher said: Every time Another superintendent wrote: extend the school year. I see that other child who was removed We have written to advise you of our frus- If the politicians would just make it pos- from our classroom, I know and he trations with trying to implement the 1997 sible for educators to take back the time lost S6200 CONGRESSIONAL RECORD — SENATE June 13, 2001 on a daily basis, there is no doubt we could who would do so make it very difficult child has and go to a special school have a better educated student. It is even for the schoolteachers and principals to that has the ability to deal with that more frustrating when it is a special edu- conduct a safe class. It is an important disability. cation child who knows and boasts that issue for us. In terms of all the things There are some superior schools for ‘‘they can’t do anything to me,’’ and he is placed back in the classroom to disrupt it we are doing here, if you talk to your the blind, for the deaf, perhaps better day after day, week after week. teachers in your school systems, if we than most public schools. A lot of fami- It is clear that IDEA 97 not only under- can make some improvement in this lies sacrifice to send their children mines the educational process, it also under- situation, they would feel as though there. This funding could assist them mines the authority of educators. In a time Congress has listened to them and has in making that choice, to the benefit of when our profession is being called upon to responded. the child. It is purely an option that, I protect our children from increasingly dan- The PRESIDING OFFICER. The Sen- think, is healthy and benefits disabled gerous sources, our credibility is being ator’s time has expired. children. I can’t imagine anyone not stripped from us. I am sure you have heard the saying that teachers are scared of the Mr. SESSIONS. I ask for an addi- supporting it. principals, the principals are scared of the tional 3 minutes. I believe this is a modest amendment superintendents, the superintendents are The PRESIDING OFFICER. Without that will begin to help in some way to scared of the parents, the parents are scared objection, it is so ordered. deal with an unfortunate situation. So of the children, and the children are scared Mr. SESSIONS. Mr. President, how many of the children do so well. The of no one. And why should they be? much time did I have? vast majority of our disabled children I have experienced the ramifications of the The PRESIDING OFFICER. You do exceedingly well, and we have great new and improved law firsthand. I had one asked for an additional 3 minutes. programs. child attempt to assault me. He had been Mr. SESSIONS. Originally, when I successful with two other teachers. He was This bill we are passing today pro- suspended for 1 day. I had another child began. vides unprecedented new funding for make sexual gestures to me in front of the The PRESIDING OFFICER. You had IDEA. We are excited about those pos- entire class. Despite the fact that every child 15 minutes when you began. sibilities, but we ought to deal with in my class and a majority of the children in Mr. SESSIONS. I am sorry, I thought this particular problem that is dis- the school knew of it, I was told by my as- it was 30. rupting our schools. sistant principal that nothing could be done I conclude by saying this amendment Mr. KENNEDY. Mr. President, would because special-ed kids have rights. I offer will say this, and this is very the Senator be good enough to help me I literally got in my car to leave that day, important. It is a very modest attempt but my financial obligations to my family understand the Senator’s amendment? and my moral responsibility to my children at improving the situation. If a child is Is it the Senator’s position that if the I had in my class kept me there. The par- a disabled child and their misbehavior child is disciplined and the discipline is ticular child I spoke about frequently made is not connected to their disability, a reflection of the form of disability, vulgar comments and threats to my girls in then they can, and I think should, be does the Senator agree there should be my class on every opportunity he had when treated like any other child in the alternative educational services avail- there was no adult present. Fortunately, the school. able to that child? girls, also special-ed, could talk to me about If a child has a nervous condition and Mr. SESSIONS. I do. In fact, to that it. Unfortunately they had to put up with it cannot control himself, then that child because nothing could be done. extent, we continue a double standard I know of a learning disabled child who cut ought to be placed in an environment for a child. The school would have the a girl in a fight. The child and her parents within the school that is healthy for option to move the child to an alter- then attempted to sue the school system be- him, and this law would require that. native setting, but not remove him cause the child was burned when she grabbed They could not be removed from school from the school or not deny edu- a coffee pot to break it over another child’s if their actions or misbehavior were cational services. head. connected to that disability, but if My amendment does that. It says if I know of another specific incident where they had perhaps a movement dis- three children brought firearms to school. the discipline problem is a product or The two regular children were expelled; the ability and they are selling dope, they related to their disability then the special-ed student was back in school the fol- ought to be treated like any other child may not be denied educational lowing week. child in the school. That is what this services. I fully expect that you and your colleagues amendment says. Mr. KENNEDY. If it falls under that in Washington will do what it takes to take No. 2, it says if a school acts on a category, you are still for providing our schools back from this small group of child, that they can take them out of a the services, which I think is very im- children who feel it is their right to endan- mainstream classroom and place them portant. ger the education of every other child in the in another classroom until a hearing school. As my grandmother said, right is As I understood the amendment, right and wrong is wrong, and to enable this has been conducted about an individual would the services be required to be to continue is wrong. educational plan for that child so they provided in a school that was just for There are other letters. I want to can be provided special education. the disabled? read one more from a student. It makes Under current law, they have to be Mr. SESSIONS. No. the point, I think, very well: back in the classroom at least within Mr. KENNEDY. Page 4 of the amend- I am a 14-year-old 8th grader. I have a 45 days, and in other circumstances, ment suggests they have alternative problem. There is this girl that goes to less than that. They go right back in educational services and that may be school with me, and she is an ADD student. before a determination can be made. in some other setting, some alternative A disabled student. This will give more flexibility to prin- setting. She has been harassing me for no reason. cipals and teachers. Mr. SESSIONS. I say it this way: She has pretty much done everything from Finally, under current law, if a Most school systems are required under breaking my glasses to telling me she is school believed that a student could be Federal law to provide educational going to kill me. This really bothers me be- sent to a school for the blind, for exam- services. If they have special needs, cause she is an ADD student and the only ple, and this doesn’t have anything to they have to provide them. Many chil- punishment she ever gets is a slap on the do with discipline, the State or local dren have an individual, one single in- hand. My principal says there is not much he school system could pay the tuition dividual who goes with that single can do because of her status. I asked, what and let that child go to the school for child all day long to help them. would happen if I threatened her back? And he told me I would be suspended from school the blind. The trouble is, the special Our amendment gives one little op- and forced to stay away. The most she has schools often cost a lot of money. The tion that, I think, would be helpful to ever gotten is 3 days in-school suspension. I school system does the best they can parents or teachers. It says if the par- think this is wrong. She scares me, and I’m with their own programs. My parent ents came in and believed a school for tired of this. It has been going on for 5 would expand options for these parents. the blind or a school for the deaf down months, and it’s really getting scary. If parents think others might be bet- the street has a better program than Mr. President, it is a very small per- ter, this amendment says if the school public education, and the school centage of disabled students who are agrees and if the parents agree, they agreed, and it is a certified school for behaving in this way, but even a few can take the value of the tuition that that disability, they could ask for, if June 13, 2001 CONGRESSIONAL RECORD — SENATE S6201 the school agreed, funding to go to that funding to do that. But I don’t think in SEC. . LIMITATIONS ON FUNDS. other school. this instance if their misbehavior is Subpart 1 of part A of title I (20 U.S.C. 6311 Mr. KENNEDY. I know the Senator not connected to their disability, they et seq.) is amended by inserting after section has included ‘‘is selected by the child’s should be treated preferentially to an- 1120B (20 U.S.C. 6323) the following: parents,’’ so you have parental involve- other child. ‘‘SEC. 1120C. LIMITATION OF FUNDS. ment. It is not the concern that many Mr. KENNEDY. What is the experi- ‘‘An LEA may not use funds received under this subpart for: have, that the child might just be put ence in the Senator’s own State as to ‘‘(A) purchase or lease of privately owned in a setting which would be just for how school districts deal with the chil- facilities; special needs children and then it dren? Do they provide alternative edu- ‘‘(B) purchase or provision of facilities would be the resegregation of disabled cational experiences or not? maintenance, gardening, landscaping, or children. I see in this language you Mr. SESSIONS. I think most schools janitorial services, or the payment of utility have ‘‘selected by the child’s parents.’’ are doing a pretty good job. As the costs: It is designed to serve children with Senator knows, the Federal Govern- ‘‘(C) the construction of facilities; ment committed to pay 40 percent of ‘‘(D) the acquisition of real property; disabilities, and if the place agrees to ‘‘(E) the payment of travel and attendance accept the child and it carries out a IDEA costs and never paid much more costs at conferences or other meetings other program that a local or State edu- than 10 percent or 15 percent of that. than travel and attendance necessary for cational agency finds is appropriate This bill would fully fund that 40 per- professional development; or and will benefit the child. cent. ‘‘(F) the purchase or lease of vehicles.’’ The Senator can see the concern But under the law—and there are about whether that would be a groups of parents who meet, advocacy AMENDMENT NO 484 AS MODIFIED dumbing down kind of a process in edu- groups, and lawyers who are active in (Purpose: To amend education technology cation. It would be a quality edu- Alabama and every State—if they are programs) cational opportunity that would be emotionally disturbed children and On page 16, line 4, insert ‘‘servers and stor- suitable for that child. That is the con- they cannot control themselves, they age devices,’’ before ‘‘video’’. On page 16, line 5, insert ‘‘and other dig- cern. I don’t know whether there are cannot be removed from school as a result of that. If they are a danger to ital’’ after ‘‘web-based’’. ways of addressing that. On page 16, line 7, strike ‘‘environments for Mr. SESSIONS. First, let me say themselves or others then they can be problem-solving’’ and insert ‘‘learning envi- thank you so much, and to your staff, provided services in an alternative set- ronments,’’. for giving careful attention to this. ting, perhaps, but they cannot be de- On page 182, line 16, insert ‘‘, including Many items have been included be- nied educational services. That is the education technology such as software and cause you have suggested them. You universal in the United States. other digital curricula,’’ after ‘‘materials’’. are asking questions that are impor- Mr. KENNEDY. I thank the Senator On page 317, line 16, insert ‘‘, including tant. for his response to the questions. There through a grant or contract with a for-profit are some others maybe I could talk or nonprofit entity’’ after ‘‘activities’’. As a result of our discussions with On page 317, line 26, insert ‘‘, including lawyers who deal with these issues, about with the Senator in the morning. technology literacy’’ after ‘‘skills’’. school people, your staff and others, we There is an alternative to the Sessions On page 319, between lines 19 and 20, insert made this language crystal clear. It amendment. But we will look forward the following: says a local educational agency respon- to the presentations in the morning. As ‘‘(12) Encouraging and supporting the sible for educating a child may transfer I understand it, the Senator will have a training of teachers and administrators to the child to an accredited school if it is half hour, Senator HARKIN or his des- effectively integrate technology into cur- selected by the child’s parents and car- ignee will have a half hour to get into ricula and instruction, including the ability the description of the alternative. Then to collect, manage, and analyze data to im- ries out the program and the school de- prove teaching, decision making and school termines that program would benefit we will make a judgment. improvement efforts and accountability. the child. In other words, both the par- I appreciate the response of the Sen- ‘‘(13) Developing or supporting programs ents and the school must agree. The ator to the questions. I thank him. that encourage or expand the use of tech- parents cannot say: I want to take my AMENDMENTS NOS. 369 AS FURTHER MODIFIED, nology to provide professional development, money and take my child to this 484 AS MODIFIED, 441 AS MODIFIED, 549 AS MODI- including through Internet-based distance school. The school would have to agree. FIED, 446 AS MODIFIED, 555 AS FURTHER MODI- education and peer networks. FIED, AND 609, EN BLOCK, TO AMENDMENT NO. The parents would have to agree. That On page 325, line 18, insert ‘‘, including 358 through a grant or contract with a for-profit provides the protection from abuse Mr. KENNEDY. Mr. President, this or nonprofit entity’’ after ‘‘activities’’. that might otherwise occur. evening we are in a position to clear On page 326, line 2, strike ‘‘and’’. Mr. KENNEDY. That is where the amendments by unanimous consent. I On page 326, line 7, strike the period and payment comes into effect because you therefore ask unanimous consent it be insert ‘‘; and’’. On page 326, between lines 7 and 8, insert would have to offset the expenses for in order for these amendments to be that child and there would be the allo- the following: considered en bloc, any modifications ‘‘(D) effective integration of technology cations of resources for offsetting the where applicable be agreed to, the payment and for education for that in- into curricula and instruction to enhance amendments be agreed to en bloc, the the learning environment and improve stu- stitution; is that right? motions to reconsider be laid upon the dent academic achievement, performance, Mr. SESSIONS. That is correct. It table en bloc. technology literacy; and could not exceed the average daily ex- The PRESIDING OFFICER. Without ‘‘(E) ability to collect, manage, and ana- penditure cost of the child and it could objection, it is so ordered. lyze data, including through use of tech- be only used for the education of the Mr. KENNEDY. These include nology, to inform teaching. child. amendments No. 369, Feinstein; No. 484, On page 326, line 11, insert ‘‘, other for profit or nonprofit entities, and through distance Mr. KENNEDY. What happens to the Bingaman; No. 441, Lugar-Bingaman; child with a disability who has a be- education’’ after ‘‘education’’. No. 549, Hagel; No. 446, DeWine; No. 555, On page 344, line 5, strike ‘‘and’’. havioral problem that is not related to Hutchison; No. 609, Feinstein. And I On page 344, line 10, strike the period and the disability? ask unanimous consent to vitiate the insert ‘‘; and’’. Mr. SESSIONS. If their discipline or yeas and nays on No. 555. On page 344, between lines 10 and 11, insert behavioral problem is not related to The PRESIDING OFFICER. Without the following: their misbehavior, then this language objection, it is so ordered. ‘‘(5) improve and expand training of math will say they would be treated like any The amendments were agreed to, as and science teachers, including in the effec- other child who misbehaves in school, follows: tive integration of technology into curricula and instruction. subject to discipline, suspension, or AMENDMENT NO. 369, AS FURTHER MODIFIED other disciplinary action a school On page 348, line 8, strike ‘‘and’’. (Purpose: To specify the purposes for which On page 348, line 15, strike the period and would normally impose. funds provided under subpart 1 of part A of insert ‘‘; and’’. I know you would like to say any title I may be used) On page 349, line 10, insert ‘‘and tech- child, perhaps, could have an alter- On page 137, between lines 3 and 4, insert nology-based teaching methods’’ after native, but I am not sure we have the the following: ‘‘methods’’. S6202 CONGRESSIONAL RECORD — SENATE June 13, 2001 On page 349, line 19, strike ‘‘experiment cational technologies into school cur- On page 375, line 13, strike ‘‘in all of the oriented’’ and insert ‘‘innovative’’. riculum; areas’’. On page 356, line 21, strike the period and ‘‘(3) acquiring connectivity with wide area On page 379, strike line 4 through line 19, insert ‘‘, and to improve the ability of insti- networks for purposes of accessing informa- and insert the following: tutions of higher education to carry out such tion, educational programming sources and ‘‘(5) EXCHANGE.—The plan shall describe programs’’. professional development, particularly with the manner in which the Secretary will pro- On page 358, line 17, insert ‘‘both’’ after institutions of higher education and public mote the exchange of information among ‘‘would’’. libraries; States, local educational agencies, schools, On page 358, line 24, strike the semi colon ‘‘(4) providing educational services for consortia, and other entities concerning the and insert ‘‘and to improve the ability of at adults and families; conditions and practices that support effec- least 1 participating institution of higher tive use of technology in improving teaching education as described in section 2232(a)(1) to ‘‘(5) repairing and maintaining school technology equipment; and student educational opportunities, aca- ensure such preparation;’’. demic achievement, and technology literacy. Beginning on page 360, strike line 23 ‘‘(6) acquiring, expanding, and imple- ‘‘(6) GOALS.—The plan shall describe the through line 7, page 361, and insert the fol- menting technology to collect, manage, and Secretary’s long-range measurable goals and lowing: analyze data, including student achievement objectives relating to the purposes of this ‘‘(A) learn the full range of resources that data, to inform teaching, decision-making, can be accessed through the use of tech- and school improvement efforts, including part. nology; the training of teachers and administrators; AMENDMENT NO. 441, AS MODIFIED ‘‘(B) integrate a variety of technologies and into the curricula and instruction in order to ‘‘(7) using technology to promote parent (Purpose: To provide for comprehensive expand students’ knowledge; and family involvement and support commu- school reform) ‘‘(C) evaluate educational technologies and nications between parents, teachers, and stu- On page 34, line 8, strike ‘‘$250,000,000’’ and their potential for use in instruction; dents. insert ‘‘$500,000,000’’. ‘‘(D) help students develop their technical Beginning on page 371, strike line 14 On page 86, line 22, insert before the semi- skills; and through line 13, page 373, and insert the fol- colon the following: ‘‘and may include a ‘‘(F) use technology to collect, manage and lowing: strategy for the implementation of a com- analyze data to inform their teaching and ‘‘(1) a description of how the activities to prehensive school reform model that meets decision-making;’’. be carried out by the local educational agen- each of the components described in section On page 361, strike lines 22 through 24 and cy under this part will be based on a review 1706(a)’’. insert the following: of relevant research and an explanation of On page 258, line 22, strike ‘‘and’’. On page 258, line 25, strike the period and ‘‘(6) subject to section 2232(c)(2), acquiring why the activities are expected to improve technology equipment, networking capabili- insert ‘‘; and’’. student achievement, and technology lit- On page 258, after line 25, add the fol- ties, infrastructure and software and digital eracy; lowing: curriculum to carry out the project. ‘‘(2) an explanation of how the acquired ‘‘(iii) 3 percent to promote quality initia- On page 365, line 10, insert ‘‘and teacher technologies will be integrated into the cur- training in technology under section 3122’’ tives described in section 1708.’’. riculum to help the local educational agency On page 260, strike lines 5 through 9, and before ‘‘prior’’. improve student academic achievement, stu- On page 367, line 24, strike the period and insert the following: dent performance, and teaching; insert ‘‘and have a substantial demonstrated ‘‘(2) how the State educational agency will ‘‘(3) a description of the type of tech- need for assistance in acquiring and inte- ensure that funds under this part are limited nologies to be acquired, including services, grating technology.’’. to comprehensive school reform programs On page 369, strike line 3 through line 22, software, and digital curricula, including that— and insert the following: specific provisions for interoperability ‘‘(A) include each of the components de- ‘‘(1) outlines the long-term strategies for among components of such technologies; scribed in section 1706(a); improving student performance, academic ‘‘(4) a description of how the local edu- ‘‘(B) have the capacity to improve the aca- achievement, and technology literacy, cational agency will ensure ongoing, sus- demic achievement of all students in core through the effective use of technology in tained professional development for teach- academic subjects within participating classrooms throughout the State, including ers, administrators, and school library media schools; and through improving the capacity of teachers personnel served by the local educational ‘‘(C) are supported by technical assistance to effectively integrate technology into the agency to further the effective use of tech- providers that have a successful track curricula and instruction; nology in the classroom or library media record, and the capacity to deliver high qual- ‘‘(2) outlines long-term strategies for fi- center, including a list of those entities that ity materials, professional development for nancing technology education in the State will partner with the local educational agen- school personnel and on-site support during to ensure all students, teachers, and class- cy in providing ongoing sustained profes- the full implementation period of the re- rooms will have access to technology, de- sional development; forms.’’. scribes how the State will use funds provided ‘‘(5) the projected cost of technologies to On page 260, line 15, insert ‘‘annually’’ be- under this part to help ensure such access, be acquired and related expenses needed to fore ‘‘evaluate’’. and describes how business, industry, and implement the plan; On page 261, line 7, insert before the period other public and private agencies, including ‘‘(6) a description of how the local edu- the following: ‘‘to support comprehensive libraries, library literacy programs, and in- cational agency will coordinate the tech- school reforms in schools that are eligible stitutions of higher education, can partici- nology provided pursuant to this part with for funds under part A’’. pate in the implementation, ongoing plan- other grant funds available for technology On page 261, line 11, strike ‘‘for the par- ning, and support of the plan; from other Federal, State, and local sources; ticular’’ and insert ‘‘of’’. ‘‘(3) provides assurance that financial as- ‘‘(7) a description of a process for the ongo- On page 261, line 12, strike ‘‘reform plan’’ sistance provided under this part shall sup- ing evaluation of how technologies acquired and insert ‘‘reforms’’. plement, not supplant, State and local funds; under this part will be integrated into the On page 263, line 1, strike ‘‘and’’. On page 263, line 2, strike ‘‘reform model and school curriculum; and will affect tech- selected and used’’ and insert ‘‘reforms se- ‘‘(5) meets such other criteria as the Sec- nology literacy and student academic lected and used, and a copy of the State’s retary may establish in order to enable such achievement, performance, as related to evaluation of the implementation of com- agency to provide assistance to local edu- challenging State content standards and prehensive school reforms supported under cational agencies that have the highest num- State student performance standards in all this part and the student results achieved’’. bers or percentages of children in poverty subjects; and ‘‘(8) a description of the evaluation plan On page 263, strike lines 15 through 17, and and demonstrate the greatest need for tech- insert the following: nology, in order to enable such local edu- that the local educational agency will carry out pursuant to section 2308(a). ‘‘(2) describe the comprehensive school re- cational agencies, for the benefit of school forms based on scientifically-based research Beginning on page 374, strike line 19 sites served by such local educational agen- and effective practices that such schools will through line 2, page 375, and insert the fol- cies, to improve student academic achieve- implement;’’. ment and student performance. lowing: On page 264, line 1, insert ‘‘comprehensive’’ On page 370, strike line 5 through line 26, ‘‘(1) increased professional development after ‘‘such’’. and insert the following: and increased effective use of technology in On page 264, line 10, strike ‘‘innovative’’ ‘‘(1) acquiring, adapting, expanding, imple- educating students; and insert ‘‘proven’’. menting and maintaining existing and new ‘‘(2) increased; On page 264, line 14, strike ‘‘schools with applications of technology, to support the ‘‘(3) increased access to technology in the diverse characteristics’’ and insert school reform effort, improve student aca- classroom, especially in low-income schools; ‘‘schools’’. demic achievement, performance, and tech- and On page 265, line 18, strike ‘‘and’’. nology literacy; ‘‘(5) other indicators reflecting increased On page 265, line 22, strike ‘‘school reform ‘‘(2) providing ongoing professional devel- student academic achievement or student effort.’’ and insert ‘‘comprehensive school re- opment in the integration of quality edu- performance, as a result of technology. form effort; and’’. June 13, 2001 CONGRESSIONAL RECORD — SENATE S6203 On page 265, between lines 22 and 23, insert the average of the assessed value of taxable is located or on which the planned school fa- the following: property per student in the State in which cility will be located; On page 265, line 25 strike ‘‘the approaches the local educational agency is located; ‘‘(C) a description of how the local edu- identified’’ and all that follows through ‘‘(B) such agency had an enrollment of cational agency meets the award criteria ‘‘Secretary’’ on line 1 of page 266, and insert children determined under section under paragraph (3); ‘‘nationally available’’. 8003(a)(1)(C) which constituted at least 25 ‘‘(D) a description of the modernization to On page 266, line 2, strike ‘‘programs’’ and percent of the number of children who were be supported with funds provided under this insert ‘‘program’’. in average daily attendance in the schools of subsection; On page 266, after line 23, add the fol- such agency during the school year pre- ‘‘(E) a cost estimate of the proposed mod- lowing: ceding the school year for which the deter- ernization; and ‘‘(F) such other information and assur- ‘‘SEC. 1708. QUALITY INITIATIVES. mination is made; or ances as the Secretary may reasonably re- ‘‘The Secretary, through grants or con- ‘‘(C) such agency had an enrollment of quire. tracts, shall promote— children determined under subparagraphs (A), (B), and (D) of section 8003(a)(1) which ‘‘(g) EMERGENCY GRANTS.— ‘‘(1) a public-private effort, in which funds ‘‘(A) APPLICATIONS.—Each local edu- constituted at least 25 percent of the number are matched by the private sector, to assist cational agency applying for a grant under of children who were in average daily attend- States, local educational agencies, and paragraph (1)(B)(ii) or (1)(b)(iii) that desires ance in the schools of such agency during the schools, in making informed decisions upon a grant under this subsection shall include in school year preceding the school year for approving or selecting providers of com- the application submitted under paragraph prehensive school reform, consistent with which the determination is made. (5) a signed statement from an appropriate ‘‘(3) AWARD CRITERIA.—In awarding grants the requirements described in section 1706(a); local official certifying that a health or safe- under this subsection, the Secretary shall re- and ty emergency exists. view applications submitted with respect to ‘‘(2) activities to foster the development of ‘‘(B) SPECIAL RULES.—The Secretary shall comprehensive school reform models and to each type of agency represented by local edu- make every effort to meet fully the school provide effective capacity building for com- cational agencies that qualify under each of facility needs of local educational agencies prehensive school reform providers to expand subparagraphs (A), (B), and (C) of paragraph applying for a grant under paragraph their work in more schools, assure quality, (2). In evaluating an application, the Sec- (1)(B)(ii) or (1)(B)(iii). and promote financial stability. retary shall consider the following criteria: ‘‘(C) PRIORITY.—If the Secretary receives ‘‘(A) The extent to which the local edu- more than one application from local educational agency lacks the fiscal capacity to AMENDMENT NO. 549, AS MODIFIED cational agencies described in paragraph undertake the modernization project with- (Purpose: To provide for the awarding of (1)(B)(ii) or (1)(B)(iii) for grants under this out Federal assistance. subsection for any fiscal year, the Secretary school facility modernization grants on a ‘‘(B) the extent to which property in the competitive basis) shall give priority to local educational agen- local educational agency is nontaxable due cies based on the severity of the emergency, At the appropriate place, insert the fol- to the presence of the Federal Government. as determined by the peer review group and lowing: ‘‘(C) The extent to which the local edu- the Secretary, and when the application was cational agency serves high numbers or per- SEC. . SCHOOL FACILITY MODERNIZATION received. centages of children described in subpara- GRANTS. ‘‘(D) CONSIDERATION FOR FOLLOWING YEAR.— Subsection (b) of section 8007 (20 U.S.C. graphs (A), (B), (C), and (D) of section A local educational agency described in 7707(b)) (as amended by section 1811 of the 8003(a)(1). paragraph (2) that applies for a grant under ‘‘(D) the need for modernization to meet— Impact Aid Reauthorization Act of 2000 (as this subsection for any fiscal year and does enacted into law by section 1 of Public Law ‘‘(i) the threat that the condition of the school facility poses to the health, safety, not receive the grant shall have the applica- 106–398)) is amended to read as follows: tion for the grant considered for the fol- ‘‘(b) SCHOOL FACILITY MODERNIZATION and well-being of students; ‘‘(ii) overcrowding conditions as evidenced lowing fiscal year, subject to the priority de- GRANTS AUTHORIZED.— scribed in subparagraph (C). ‘‘(1) FUNDING AND ALLOCATION.— by the use of trailers and portable buildings and the potential for future overcrowding be- ‘‘(7) GENERAL LIMITATIONS.— ‘‘(A) FUNDING.—From 60 percent of the ‘‘(A) REAL PROPERTY.—No grant funds amount appropriated for each fiscal year cause of increased enrollment; and ‘‘(iii) facility needs resulting from actions awarded under this subsection shall be used under section 8014(e), the Secretary shall for the acquisition of any interest in real award grants in accordance with this sub- of the Federal Government. ‘‘(E) The age of the school facility to be property. section to eligible local educational agencies modernized. ‘‘(B) MAINTENANCE.—Nothing in this sub- to enable the local educational agencies to ‘‘(4) OTHER AWARD PROVISIONS.— section shall be construed to authorize the carry out modernization of school facilities. ‘‘(A) AMOUNT.—In determining the amount payment of maintenance costs in connection ‘‘(B) ALLOCATION.—From amounts made of a grant awarded under this subsection; the with any school facility modernized in whole available for a fiscal year under subpara- peer group and Secretary shall consider the or in part with Federal funds provided under graph (A), the Secretary shall allocate— cost of the modernization and the ability of this subsection. ‘‘(i) 10 percent of such amount for grants to the local educational agency to produce suf- ‘‘(C) ENVIRONMENTAL SAFEGUARDS.—All local educational agencies described in para- ficient funds to carry out the activities for projects carried out with Federal funds pro- graph (2)(A); which assistance is sought. vided under this subsection shall comply ‘‘(ii) 45 percent of such amount for grants ‘‘(B) FEDERAL SHARE.—The Federal funds with all revelant Federal, State, and local to local educational agencies described in provided under this subsection to a local environmental laws and regulations. paragraph (2)(B), of which, 10 percent shall educational agency shall not exceed 50 per- ‘‘(D) ATHLETIC AND SIMILAR SCHOOL FACILI- be available for emergency grants that shall cent of the total cost of the project to be as- TIES.—No Federal funds received under this not be subject to the requirements of sub- sisted under this subsection. A local edu- subsection shall be used for outdoor sta- paragraphs (A) and (B) of paragraph (4); and cational agency may use in-kind contribu- diums or other school facilities that are pri- ‘‘(iii) 45 percent of such amount for grants tions, excluding land contributions, to meet marily used for athletic contests or exhibi- to local educational agencies described in the matching requirement of the preceding tions, or other events, for which admission is paragraph (2)(C), of which, 10 percent shall be sentence. charged to the general public. available for emergency grants that shall ‘‘(C) MAXIMUM GRANT.—A local educational ‘‘(8) SUPPLEMENT NOT SUPPLANT.—An eligi- not be subject to the requirements of sub- agency described in this subsection may not ble local educational agency shall use funds paragraphs (A) and (B) of paragraph (4). receive a grant under this subsection in an received under this subsection only to sup- ‘‘(C) SPECIAL RULE.—A local educational amount that exceeds $5,000,000 during any 2- plement the amount of funds that would, in agency described in clauses (ii) and (iii) of year period. the absence of such Federal funds, be made subparagraph (B) may use grant funds made ‘‘(5) APPLICATIONS.—A local educational available from non-Federal sources for the available under this subsection for a school agency that desires to receive a grant under modernization of school facilities used for facility located on or near Federal property this subsection shall submit an application educational purposes, and not to supplant only if the school facility is located at a to the Secretary, who shall forward such ap- such funds.’’. school where not less than 25 percent of the plication to the appropriate peer group under children in average daily attendance in the paragraph (3), at such time, in such manner, AMENDMENT NO. 446 AS MODIFIED school for the preceding school year are chil- and accompanied by such information as the (Purpose: To modify provisions relating the dren for which a determination is made Secretary may require. Each application the Safe and Drug Free Schools and Com- under section 8003(a)(1). shall contain— munities Act of 1994 with respect to vio- ‘‘(2) ELIGIBILITY REQUIREMENTS.—A local ‘‘(A) a listing of the school facilities to be lence prevention) educational agency is eligible to receive modernized including the number and per- On page 514, line 10, insert ‘‘, suspended and funds under this subsection only if— centage of children determined under section expelled students,’’ after ‘‘dropouts’’. ‘‘(A) such agency received assistance under 8003(a)(1) in average daily attendance in each On page 524, line 7, insert before the semi- section 8002(a) for the fiscal year and has an school facility; colon the following: ‘‘including administra- assessed value of taxable property per stu- ‘‘(B) a description of the ownership of the tive incident reports, anonymous surveys of dent in the school district that is less than property on which the current school facility students or teachers, and focus groups’’. S6204 CONGRESSIONAL RECORD — SENATE June 13, 2001 On page 535, line 21, strike ‘‘violence prob- to students or student directories 4,884 occa- (A) entry to campuses or access to stu- lem’’ and insert ‘‘and violence problems’’. sions, and the Air Force was denied access to dents on campuses; or On page 537, line 15, by inserting ‘‘ and vio- students or students directories on 5,465 oc- (B) access to directory information per- lence’’ after ‘‘use,’’. casions. taining to students. On page 539, between lines 17 and 18, insert (8) As of the beginning of 2000, nearly 25 (3) COVERED STUDENTS.—Students referred the following: percent of all high schools in the United to in paragraph (1) are individuals who are 17 ‘‘(6) administrative approaches to promote States did not release student directory in- years of age or older. school safety, including professional develop- formation requested by Armed Forces re- (b) PROCEDURES FOR DETERMINATION.—The ment for principals and administrators to cruiters. Secretary of Defense, in consultation with promote effectiveness and innovation, imple- (9) In testimony presented to the Com- the Secretary of Education, shall prescribe menting a school disciplinary code, and ef- mittee on Armed Services of the Senate, re- regulations that contain procedures for de- fective communication of the school discipli- cruiters stated that the single biggest obsta- termining if and when an educational insti- nary code to both students and parents at cle to carrying out the recruiting mission tution has denied or prevented access to stu- the beginning of the school year;’’. was denial of access to student directory in- dents or information described in subsection On page 545, line 9, insert ‘‘, that is subject formation, as the student directory is the (a). to independent review,’’ after ‘‘data’’. basic tool of the recruiter. (c) DEFINITION.—For purposes of this sec- On page 545, lines 10 and 11, strike ‘‘social (10) Denying recruiters direct access to tion, the term ‘‘directory information’’ disapproval of’’. students and to student directory informa- means, with respect to a student, the stu- On page 545, line 12, after the period add tion unfairly hurts the youth of the United dent’s name, address, telephone listing, date the following: ‘‘The collected data shall in- States, as it prevents students from receiv- and place of birth, level of education, degrees clude incident reports by schools officials, ing important information on the education received, and the most recent previous edu- anonymous student surveys, and anonymous and training benefits offered by the Armed cational institution enrolled in by the stu- teacher surveys.’’. Forces and impairs students’ decisionmaking dent. On page 549, between lines 18 and 19, insert on careers by limiting the information on the following: the options available to them. AMENDMENT NO. 609 ‘‘(4) the provision of information on vio- (11) Denying recruiters direct access to (Purpose: To require audits of local edu- lence prevention and education and school students and to student directory informa- cation agencies to determine how funds are safety to the Department of Justice, for dis- tion undermines United States national de- being expended) semination by the National Resource Center fense, and makes it more difficult to recruit At the appropriate place in title I, insert for Safe Schools as a national clearinghouse high quality young Americans in numbers the following: on violence and school safety information;’’. sufficient to maintain the readiness of the SEC. ll. LOCAL EDUCATIONAL AGENCY SPEND- On page 550, line 14, insert ‘‘administrative Armed Forces and to provide for the national ING AUDITS. approaches, security services,’’ after ‘‘in- security. (a) AUDITS.—The Office of the Inspector clude’’. (12) Section 503 of title 10, United States General of the Department of Education On page 553, line 2, insert ‘‘to’’ after ‘‘re- Code, requires local educational agencies, as shall conduct not less than 6 audits of local search’’. of July 1, 2002, to provide recruiters access to education agencies that receive funds under On page 553, after line 24, add the fol- secondary schools on the same basis that part A of title I of the Elementary and Sec- lowing: those agencies provide access to representa- ondary Education Act of 1965 in each fiscal ‘‘(J) Researchers and expert practitioners. tives of colleges, universities, and private year to more clearly determine specifically sector employers. how local education agencies are expending (b) CAMPAIGN TO PROMOTE ACCESS.— AMENDMENT NO. 555 AS FURTHER MODIFIED such funds. Such audits shall be conducted in (1) REPORT.—Not later than 30 days after 6 local educational agencies that represent (Purpose: To require the Secretary of Edu- the date of enactment of this Act, each State the size, ethnic, economic and geographic di- cation to establish a campaign to educate shall transmit to the Secretary of Education versity of local educational agencies and principals, school administrators, and a list of each school, if any, in that State shall examine the extent to which funds have other educators regarding access to sec- that— been expended for academic instruction in ondary schools for military recruiting pur- (A) during the 12 months preceding the the core curriculum and activities unrelated poses, and for other purposes) date of enactment of this Act, has denied ac- to academic instruction in the core cur- cess to students or to student directory in- At the end of title IX, add the following: riculum, such as the payment of janitorial, formation to a military recruiter; or SEC. 902. DEPARTMENT OF EDUCATION CAM- utility and other maintenance services, the (B) has in effect a policy to deny access to PAIGN TO PROMOTE ACCESS OF purchase and lease of vehicles, and the pay- students or to student directory information ARMED FORCES RECRUITERS TO ment for travel and attendance costs at con- STUDENT DIRECTORY INFORMA- to military recruiters. ferences. TION. (2) EDUCATION PROGRAM.— (b) REPORT.—Not later than 3 months after (a) FINDINGS.—The Senate makes the fol- (A) IN GENERAL.—The Secretary of Edu- the completion of the audits under sub- lowing findings: cation, in consultation with the Secretary of section (a) in each year, the Office of the In- (1) Service in the Armed Forces of the Defense, shall, not later than 90 days after spector General of the Department of Edu- United States is voluntary. the date of enactment of this Act, make cation shall submit a report on each audit to (2) Recruiting quality persons in the num- awards to States and schools using no more the Committee on Education and the Work- bers necessary to maintain the strengths of than $3 million of funds available under sec- force of the House of Representatives and the the Armed Forces authorized by Congress is tion 6203(c) of the Elementary and Secondary Committee on Health, Education, Labor and vital to the United States national defense. Education Act to educate principals, school Pensions of the Senate. (3) Recruiting quality servicemembers is administrators, and other educators regard- very challenging, and as a result, Armed ing career opportunities in the Armed Mr. KENNEDY. Mr. President, I see Forces recruiters must devote extraordinary Forces, and the access standard required none of my colleagues here to make time and effort to their work in order to fill under section 503 of title 10, United States further comments and statements on monthly requirements for immediate acces- Code. this. We will resume the debates to- sions. (B) TARGETED SCHOOLS.—In selecting morrow morning at 9 o’clock. I thank (4) In meeting goals for recruiting high schools for awards required under subpara- all our colleagues for their help and quality men and women, each of the Armed graph (A), the Secretary shall give priority their cooperation. We have made good Forces faces intense competition from the to selecting schools that are included on the other Armed Forces, from the private sector, lists transmitted to Congress under para- progress and we look forward to a final and from institutions offering postsecondary graph (1). passage sometime tomorrow afternoon. education. SEC. 903. MILITARY RECRUITING ON CAMPUS. I suggest the absence of a quorum. (5) Despite a variety of innovative ap- (a) DENIAL OF FUNDS.— The PRESIDING OFFICER. The proaches taken by recruiters, and the exten- (1) PROHIBITION.—No funds available to the clerk will call the roll. sive benefits that are available to those who Department of Defense may be provided by The bill clerk proceeded to call the join the Armed Forces, it is becoming in- grant or contract to any institution of high- roll. creasingly difficult for the Armed Forces to er education (including any school of law, Mr. HARKIN. Mr. President, I ask meet recruiting goals. whether or not accredited by the American unanimous consent that the order for (6) A number of high schools across the Bar Association) that has a policy of deny- the quorum call be rescinded. country have denied recruiters access to stu- ing, or which effectively prevents, the Sec- The PRESIDING OFFICER (Mr. MIL- dents or to student directory information. retary of Defense from obtaining for military LER). Without objection, it is so or- (7) In 1999, the Army was denied access to recruiting purposes— students or student directories on 4,515 to (2) institutions in paragraph (1) shall be ex- dered. students or student directories occasions, empt if they have a long-standing policy of Mr. HARKIN. Mr. President, par- the Navy was denied access on 4,364 occa- pacifism based on historical religious affili- liamentary inquiry. What is the situa- sions, the Marine Corps was denied access on ation. tion on the floor at the present time? June 13, 2001 CONGRESSIONAL RECORD — SENATE S6205 The PRESIDING OFFICER. The uals With Disabilities Education Act, school did not provide for the cap- pending amendment is the Sessions the school had to take these kids and tioning. The student who is deaf can- amendment No. 604, as modified. provide the services. A wonderfully not understand what is going on. Mr. HARKIN. Is there a time agree- amazing thing happened. These young This may go on for a couple of days ment on that amendment? kids in that classroom, who perhaps until finally the kid who is deaf starts The PRESIDING OFFICER. The Sen- had never associated with anyone their acting up. He may reach over and hit ator from Iowa is to be recognized to age with a disability, all of a sudden the kid next to him, may grab the kid call up an amendment, and he has 15 became drawn to these two kids who next to him, may throw something. So minutes. were in the classroom with their dis- a school takes that kid out of the Mr. HARKIN. I have 15 minutes? abilities. classroom. The PRESIDING OFFICER. Yes. They became more sensitive to these Under the Sessions amendment, Mr. HARKIN. Mr. President, I yield kids, and the kids with disabilities there is no inquiry as to whether or not myself such time as I may consume found they could associate with kids the kid was provided the adequate ap- then at this time. I may ask for a bit without disabilities. propriate supportive services. Instead, more. I saw a wonderful thing happen, and this deaf child could be segregated Mr. President, I looked at this I saw the families who later on said: based on the fact that the school failed amendment, and all I can say is here This is not a bad deal. It sensitized to provide appropriate services. we go again. How many times do we them to the fact that this could happen Under present law, there would be a have to go down this road of saying to any one of them any day of the due process hearing as to why that kid that the disciplinary problems in our week. Any one of us could become dis- acted up. They might bring in a coun- schools are because of kids with disabled—mentally or physically—at any selor and a deaf interpreter. Maybe the abilities, and if we only can get ahold time. It shows the vulnerability of kid will say: I am mad because I can’t of those kids with disabilities and do human nature, but it also shows that understand what is going on. something about them, then we can kids with disabilities can learn and The Sessions amendment says: We straighten out the discipline problem reach their maximum potential. don’t care; get him out of here. in our schools? Do we want to turn the clock back? In addition, I have a great deal of em- We have been down this road many Do we want to go back to those days pathy with our elementary and sec- times before. Fortunately, this body when we took those kids out of that ondary school teachers all over Amer- has recognized the importance of setting and put them in a separate set- ica, many of whom have not been IDEA’s protections in the past, and I ting and said: No, you can’t be in a trained and who do not really know hope we will do so again. classroom with other kids. how to handle kids with disabilities. We as a nation decided sometime ago I do not mean to overblow this They have big classrooms. They have that segregation was wrong. I am not amendment, but that is exactly what 28, 30 kids in a classroom, and they get talking about segregation of races. We this amendment will do. This amend- a couple of kids with disabilities in decided that a long time ago. That was ment, in section 2(A), says: their classroom. What are they going wrong. I am talking about the segrega- A child with a disability who is removed to do? tion of people with disabilities from from the child’s regular educational place- The real problem is that teachers our society. We as a country said it ment under paragraph (1) shall receive a free aren’t getting trained and no one is was wrong to take kids from their fam- appropriate public education which may be providing supportive services to these ilies and send them halfway across the provided in an alternative education setting kids as is supposed to be done under State to some alternative setting, if the behavior that led to the child’s re- law. They create a disturbance. They when they could have had a decent, moval is a manifestation of the child’s dis- are not provided the appropriate sup- adequate education right in their own ability as determined under subparagraphs— portive services so they can learn in community, in their own school dis- And so on. that setting. trict, in their own neighborhood, if What that says is that a child with The teacher is at wits end. He or she they were just given some appropriate disabilities can be removed. Yes; would say: I’ve got to get these kids support. schools must continue to give him a out of here. I can’t teach the rest of The reason I feel so deeply about this free appropriate public education—but these kids. is that it is very personal to me. My in an alternative education setting. I The kids tell the parents: We have brother was sent away halfway across read that to mean a segregated setting, kids acting up all the time; they are the State from our small hometown someplace across town, someplace disturbing the classroom; I can’t study. when he was a kid because he was deaf. where they segregate kids with disabil- The parents call the principal. The He was put in an institution to get his ities. principal says get those kids out of education—segregated from society, Under current law, you have to pro- there. from his family, from his friends, from vide a free appropriate public edu- I feel sorry for those teachers. The the town in which he grew up. cation but before you remove a child answer is not to segregate the kids. Well, those were the old days. I you have to consider certain factors, The answer is to meet our obliga- thought we as a society had progressed including whether the behavior was a tions—our moral obligations and our beyond that. When we passed the Indi- result of their disability. This would legal obligations—to make sure these viduals With Disabilities Education turn the clock back to days when kids get the supportive services they Act in 1975—my first year here in the schools could segregate. need to learn in that environment. Congress—we said we are not going to You say: What if that kid acted up It seems to be cost is no objection do that anymore; to the maximum ex- and harmed someone? Don’t you want when they want to segregate kids and tent possible, we are going to integrate him removed, put in a setting where put them in an institution. We don’t kids with disabilities into our local they cannot harm someone? Yes, I care what it costs. But in order to pro- educational institutions, and we are want safety in the classroom, too, but vide the kind of supportive services going to provide the support services think about this before you vote on they may need in an integrated class- those kids need to get an education. this. This is an example I will tell you room, why, well, that costs too much I can remember when my oldest that occurs every single day in class- money. daughter was in grade school and when rooms all over America with kids with It does not cost too much money. It the first couple of kids with disabilities disabilities. can cost more to segregate those kids came into the classroom. There was a I will use a young deaf kid again be- than to provide the services they need bit of a hue and cry. Some of the par- cause I am so familiar with that. A to help them. ents didn’t like it. They thought it was young deaf kid is in a classroom. They As I said, I have a lot of empathy going to take attention away from the are using a TV monitor to show some with these teachers because I have other kids because they would have to educational programs. The classroom been in those classrooms. I feel sorry pay more attention to the kids with teacher inadvertently or advertently for those teachers. They do not have disabilities. But because of the Individ- did not provide for captioning or the the support. But, now they are going to S6206 CONGRESSIONAL RECORD — SENATE June 13, 2001 get help because on this bill, under an We have set up through a long history to have to go out and try to find a law- amendment offered by Senator HAGEL of 26 years processes and procedures to yer to fight it in court. and this Senator, adopted unanimously ensure that kids with disabilities have I thank the Chair’s indulgence, but by the Senate, we are finally going to due process, as do their families. this is an issue I care very deeply provide full funding for the Individuals IDEA, the Individuals with Disabil- about. There are ways of addressing with Disabilities Education Act which ities Education Act, allows schools to this issue. This is not the way to do it. we have been talking about since 1975. remove those kids. A GAO report re- Don’t go after the most vulnerable kids That amounts, over the next 10 years leased in January concluded that spe- when it cannot be proven. You cannot to about $181 billion that the Federal cial education students who are in- show me the data. That is all I ask. Government has now said to the volved in serious misconduct are being Show me the data where it is kids with States: We are now going to give the disciplined in generally a similar man- disabilities who are causing these prob- money out we have been talking about ner to regular education students based lems. Show me the data and make me for the last 26 years. on information that principals reported a believer. I have lived with this too Now we can get the supportive serv- to us in our review of the limited ex- long. I have worked on this issue too ices these teachers need, and if we cou- tant research. That means IDEA is not long. The data is not there. If you can ple that with class size reduction and limiting a school’s ability to discipline show it to me, I will change my mind. reducing the number of kids in class- children with disabilities. AMENDMENT NO. 802 TO AMENDMENT NO. 358 rooms, then we have the right formula. Again, what does the Sessions My amendment is at the desk and I We have the right formula not only for amendment do? I repeat, under the ask my amendment be reported. kids with disabilities, but for kids guise of discipline, it allows us to re- The PRESIDING OFFICER. The without disabilities. segregate these kids, to turn back the clerk will report. I know people get disturbed. They clock. The second thing it does is allow The legislative clerk read as follows: hear about all the discipline problems schools to cease services to these kids. The Senator from Iowa [Mr. HARKIN], for in our classrooms, and I am not saying Section C allows the children not only Mr. KENNEDY, for himself and Mr. HARKIN, there are not discipline problems. But I to be taken out but to cease services. proposes an amendment numbered 802. have sat in this Senate Chamber, and I A kid with a disability needs serv- Mr. HARKIN. I ask unanimous con- have heard Senator after Senator in ices, needs support; a kid can be not sent reading of the amendment be dis- the past talk about the gun incidents only segregated but have services pensed with. at Columbine, San Diego, Pennsyl- cease. That is adding insult to injury. The PRESIDING OFFICER. Without vania—and then they talk about dis- What are you going to do, throw them objection, it is so ordered. cipline, and it always comes down to out on the street? Think about a kid The amendment is as follows: kids with disabilities. with a serious disability, who is al- AMENDMENT NO. 802 I challenge them or anybody else to ready frustrated by their disability. show me one of those violent instances (Purpose: To amend the Individuals with Dis- And now you will stop the services and abilities Education Act regarding dis- where a child under an IEP, an Individ- throw them out on the street? Talk cipline) ualized Education Program, a kid with about a timebomb waiting to happen. At the appropriate place insert the fol- a disability was involved. Why is it The one thing we have always man- lowing: when we have shootings, we have guns, dated under discipline procedures for TITLE ll—INDIVIDUALS WITH and we have things that happen in the kids with disabilities is you have to DISABILITIES schools, the first thing that comes on keep the services going to these kids. SEC. ll01. DISCIPLINE. the floor of the Senate is to beat up on Nobody is going to throw them out on Section 615 of the Individuals with Disabil- the kids with disabilities? The dis- the streets. But the Sessions amend- ities Education Act (20 U.S.C. 1415) is amend- cipline amendments don’t go after kids ment allows services to cease. ed by adding at the end the following: without disabilities; they always go The Sessions amendment also creates ‘‘(n) UNIFORM POLICIES.— after kids with disabilities. I ask: Why? a program that allows parents to take ‘‘(1) IN GENERAL.—Subject to paragraph (2), Why? They are the most vulnerable in money from the public schools to go and notwithstanding any other provision of our society. into private schools. Under the amend- this Act, a State educational agency or local We had a tough time reauthorizing ment, the local educational agency educational agency may establish and imple- could wash its hands of responsibility ment uniform policies regarding discipline IDEA a few years ago. Senator JEF- applicable to all children under the jurisdic- FORDS and I, Senator KENNEDY and oth- for that child. Again, the Federal dol- tion of the agency to ensure the safety of ers, worked hard on it. We got all sides lars end up in private schools without such children and an appropriate educational to agree on what we would do when we any accountability as to how those dol- atmosphere in the schools under the jurisdic- finally reauthorized. And now we have lars get spent. The local educational tion of the agency. the funds in this bill to pay for it. Be- agency washes its hands. ‘‘(2) LIMITATION.— fore we go after kids with disabilities, We have been down this road before. ‘‘(A) IN GENERAL.—A child with a disability let’s identify the real problems. If I had a dollar for every iteration of who is removed from the child’s regular edu- The Sessions amendment says to par- this amendment we have had on this cational placement under paragraph (1) shall receive a free appropriate public education ents with kids with disabilities, tough floor in 20 years, I would be a rich man. which may be provided in an alternative edu- luck, you are out of the picture. We They always say, ‘‘We will tweak it cational setting pursuant to Sec 615K, if the will take those kids and kick them out here and tweak it there,’’ but it always behavior that led to the child’s removal is a and segregate them and you don’t have comes down to the same two or three manifestation of the child’s disability, as de- anything to say about it. things: segregate them out, cut out the termined under subparagraphs (B) and (C) of Why are we picking on the kids with services, and let them go out on the subsection (k)(4). disabilities? Honest to God, I just don’t streets. It always comes down to that. ‘‘(B) MANIFESTATION DETERMINATION.—The understand this. I have had my say. I will continue to manifestation determination shall be made speak out on this as long as I am on immediately, if possible, but in no case later Do I disagree we have some discipline than 10 school days after school personnel problems in school? No, we do have dis- this Senate floor. I don’t mean tonight; decide to remove the child with a disability cipline problems in school. Of course I mean as long as I am in the Senate. from the child’s regular educational place- we do. But it is not because of kids These families with kids with disabil- ment. with disabilities. I challenge someone, ities, a lot of times families are at ‘‘(C) DETERMINATION THAT BEHAVIOR WAS please, step forward and show me the their wit’s end. A lot of times the par- NOT MANIFESTATION OF DISABILITY.—If the re- data that it is kids with disabilities ents are working. A lot of times it is a sult of the manifestation review is a deter- causing these problems. single parent. They are working hard, mination that the behavior of the child with I don’t want kids in the classroom have a kid with a disability who re- a disability was not a manifestation of the child’s disability, appropriate school per- who will hurt themselves or hurt oth- quires a lot of attention, a lot of care, sonnel may apply to the child the same rel- ers. If a kid is truly violent and can’t a lot of love, and the last thing they evant disciplinary procedures as would apply be controlled, even with supportive need is to get kicked in the teeth by to children without a disability.’’, except as services, that kid should not be there. the Senate. The last thing they need is provided in 612(a)(1). June 13, 2001 CONGRESSIONAL RECORD — SENATE S6207 SEC. ll02. PROCEDURAL SAFEGUARDS. The PRESIDING OFFICER. Without ‘‘(L) cultural education programs operated Section 615 of the Individuals with Disabil- objection, it is so ordered. by the Alaska Native Heritage Center and ities Education Act (20 U.S.C. 1415) (as designed to share the Alaska Native culture VOTE EXPLANATION amended by section ll01) is amended by with students; adding at the end the following: Mr. DODD. Mr. President, this morn- ‘‘(M) a cultural exchange program operated ‘‘(o) DISCIPLINE DETERMINATIONS BY LOCAL ing I was not present during rollcall by the Alaska Humanities Forum and de- AUTHORITY.— vote number 182, the Santorum amend- signed to share Alaska Native culture with ‘‘(1) INDIVIDUAL DETERMINATIONS.—In car- ment. I was attending a meeting in the urban students in a rural setting, which shall rying out any disciplinary policy described Russell building. Unfortunately, the be known as the Rose Cultural Exchange in subsection (n)(1), school personnel shall mechanism designed to alert Members Program; have discretion to consider all germane fac- of votes was malfunctioning. There- ‘‘(N) activities carried out through Even tors in each individual case and modify any fore, I was unaware that a vote was in Start programs carried out under subpart 1 disciplinary action on a case-by-case basis. of part B of title I and Head Start programs ‘‘(2) DEFENSE.—Nothing in subsection (n) progress. carried out under the Head Start Act, includ- precludes a child with a disability who is dis- Had I been present for the vote, I ing the training of teachers for programs de- ciplined under such subsection from assert- would have voted in favor of the scribed in this subparagraph; ing a defense that the alleged act was unin- Santorum amendment. ‘‘(O) other early learning and preschool tentional or innocent. AMENDMENT NO. 634, AS FURTHER MODIFIED programs; ‘‘(3) LIMITATION.— Mr. REID. Mr. President, I ask unan- ‘‘(P) dropout prevention programs such as ‘‘(A) REVIEW OF MANIFESTATION DETERMINA- imous consent that the previously the Cook Inlet Tribal Council’s Partners for TION.—If the parents or the local educational Success program; agency disagree with a manifestation deter- modified Stevens-Inouye amendment, ‘‘(Q) an Alaska Initiative for Community mination under subsection (n)(2), the parents which was agreed to, No. 634, be further Engagement program; or the agency may request a review of that modified with the changes I now send ‘‘(R) career preparation activities to en- determination through the procedures de- to the desk. able Alaska Native children and adults to scribed in subsections (f) through (i). The PRESIDING OFFICER. Is there prepare for meaningful employment, includ- ‘‘(B) PLACEMENT DURING REVIEW.—During objection? ing programs providing tech-prep, men- the course of any review proceedings under Without objection, it is so ordered. toring, training, and apprenticeship activi- subparagraph (A), the child shall receive a The amendment, as further modified, ties; free appropriate public education which may is as follows: ‘‘(S) provision of operational support and be provided in an alternative educational construction funding, and purchasing of placement.’’. AMENDMENT NO. 634 AS FURTHER MODIFIED equipment, to develop regional vocational Mr. HARKIN. Mr. President, again I (Purpose: To make amendments with respect schools in rural areas of Alaska, including want to make it clear what my amend- to programs for Alaska Natives and Native boarding schools, for Alaska Native students Hawaiians, and with respect to Impact Aid in grades 9 to 12, and higher levels of edu- ment does. It basically takes the Ses- payments for certain heavily impacted cation, to provide the students with nec- sions amendment, leaves most of it the local educational agencies) essary resources to prepare for skilled em- way it is, but it just says, No. 1, you On page 872, strike lines 15 through 18, and ployment opportunities; and cannot segregate; you cannot segregate insert the following: ‘‘(T) other activities, consistent with the these kids—unless you follow the law. part; purposes of this part, to meet the edu- Under the present law, you can seg- ‘‘(L) construction, renovation, and mod- cational needs of Alaska Native children and regate kids if they are violent. But be- ernization of any elementary school, sec- adults. fore you segregate you have to follow ondary school, or structure related to an ele- On page 882, strike lines 16 through 19 and certain processes and procedures. mentary school or secondary school, run by insert the following: the Department of Education of the State of ‘‘(c) PRIORITIES.—In awarding grants or The second thing my amendment contracts to carry out activities described in says is you cannot cease services; you Hawaii, that serves a predominantly Native Hawaiian student body; and subsection (a)(2), except for activities listed cannot stop the services to these kids ‘‘(M) other activities, consistent with the in subsection (d)(2), the Secretary shall give even if they have been removed from purposes of this part, to meet the edu- priority to applications from Alaska Native the classroom. cational needs of Native Hawaiian children regional nonprofit organizations, or con- Finally, it deletes the last section and adults. sortia that include at least 1 Alaska Native that would allow local school districts On page 873, strike line 18 and insert the regional nonprofit organization. to hand over federal dollars, without following: ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— any accountability on how those dol- $35,000,000 for fiscal year 2002 and such sums ‘‘(1) IN GENERAL.—For fiscal year 2002 and each of the 6 succeeding fiscal years, there is lars are being spent. as may On page 879, strike lines 8 through 15, and authorized to be appropriated to carry out I think it is a reasonable and a log- insert the following: this section the same amount as is author- ical approach to this problem, as I have ‘‘(1) GRANTS AND CONTRACTS.—The Sec- ized to be appropriated under section 7205 for said many times before. I do not mind retary is authorized to make grants to, or activities under that section for that fiscal people who want to have better dis- enter into contracts with, Alaska Native or- year. cipline in the classrooms. I sent two ganizations, educational entities with expe- ‘‘(2) AVAILABILITY OF FUNDS.—Of the funds kids through public schools. Yes, I rience in developing or operating Alaska Na- appropriated and made available under this want discipline in the classrooms. I tive programs or programs of instruction section for a fiscal year, the Secretary shall make available— want a well-structured classroom just conducted in Alaska Native languages, cultural and community-based organizations ‘‘(A) not less than $1,000,000 to support ac- as the Presiding Officer does for his with experience in developing or operating tivities described in subsection (a)(2)(K); kids and grandkids, I am sure. But this programs to benefit Alaska Natives, and con- ‘‘(B) not less than $1,000,000 to support ac- is not the way to do it. This is not the sortia of organizations and entities described tivities described in subsection (a)(2)(L); way to do it. in this paragraph to carry out programs that ‘‘(C) not less than $1,000,000 to support ac- The way to do it is to do it under the meet the purposes of this part. tivities described in subsection (a)(2)(M); procedures and processes that will en- On page 881, strike lines 22 through 25, and ‘‘(D) not less than $2,000,000 to support ac- sure the kids with disabilities have the insert the following: tivities described in subsection (a)(2)(P); and ‘‘(E) not less than $2,000,000 to support ac- services and the support they need so part; ‘‘(I) remedial and enrichment programs to tivities described in subsection (a)(2)(Q). they will not be segregated ever again assist Alaska Native students in performing On page 883, between lines 16 and 17, insert in our society. at a high level on standardized tests; the following: I thank the Chair for his indulgence. ‘‘(J) education and training of Alaska Na- ‘‘(e) REPORTING REQUIREMENTS.—Each re- I yield the floor and I suggest the ab- tive students enrolled in a degree program cipient of a grant or contract under this part sence of a quorum. that will lead to certification or licensing as shall, not later than March 15 of each fiscal The PRESIDING OFFICER. The teachers; year in which the organization expends funds clerk will call the roll. ‘‘(K) parenting education for parents and under the grant or contract, prepare and sub- The legislative clerk proceeded to caregivers of Alaska Native children to im- mit to the Committee on Appropriations of prove parenting and caregiving skills (in- the House of Representatives and the Com- call the roll. cluding skills relating to discipline and cog- mittee on Appropriations of the Senate, Mr. REID. Mr. President, I ask unan- nitive development), including parenting summary reports, of not more than 2 pages imous consent the order for the education provided through in-home visita- in length. Such reports shall describe activi- quorum call be dispensed with. tion of new mothers; ties undertaken under the grant or contract, S6208 CONGRESSIONAL RECORD — SENATE June 13, 2001 and progress made toward the overall objec- hold, for a cooling-off period to have ef- Tenet is a crucial step in the right di- tives of the activities to be carried out under fect, and for confidence building meas- rection, and carries with it an ac- the grant or contract. ures to once again give momentum to a knowledgment of the special responsi- On page 886, between lines 13 and 14, insert new peace process. bility incumbent on the Palestinian the following: I was a supporter of the Oslo process Authority to end the violence. TITLE VIII—IMPACT AID when I first came to the Senate, and Much more will need to be done, how- SEC. 801. ELIGIBILITY UNDER SECTION 8003 FOR worked to build peace in the region in ever, to show the international com- CERTAIN HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES. the years since, believing a commit- munity that Mr. Arafat and the Pales- (a) ELIGIBILITY.—Section 8003(b)(2)(C) (20 ment by both sides existed. tinian people are committed to peace U.S.C. 7703(b)(2)(C)) is amended— I was thus saddened that the unprec- and willing to coexist with Israel. (1) in clauses (i) and (ii) by inserting after edented concessions that former Prime Mr. Arafat’s call for a halt to the vio- ‘‘Federal military installation’’ each place it Minister Barak offered last summer— lence will only yield results if he fol- appears the following: ‘‘(or the agency is a which many felt met the needs and as- lows his words with deeds. qualified local educational agency as de- pirations of the Palestinian people— With the cease-fire now in effect, Mr. scribed in clause (iv))’’; and was not accepted. Arafat must follow-up on the agreed-to (2) by adding at the end the following: Not only was the Palestinian re- elements of the deal. He must re-arrest ‘‘(iv) QUALIFIED LOCAL EDUCATIONAL AGEN- CY.—A qualified local educational agency de- sponse to that offer ‘‘no,’’ but PLO those terrorists he inexcusably re- scribed in this clause is an agency that Chairman Yassar Arafat walked away leased last fall, stop anti-Israel incite- meets the following requirements: from the negotiations and the Palestin- ment in the Palestinian media, and ‘‘(I) The boundaries are the same as island ians began a campaign of violence make sure that the Palestinian police property designated by the Secretary of the which, in turn, led to Israel resorting strictly enforce his cease-fire orders. Interior to be property that is held in trust to violence to try to protect its secu- He must also follow up on informa- by the Federal Government. rity and safeguard the lives of its peo- tion supplied by Israel about imminent ‘‘(II) The agency has no taxing authority. terrorist attacks. He must move to ‘‘(III) The agency received a payment ple. under paragraph (1) for fiscal year 2001.’’. In walking away from negotiations, confiscate weapons that are being held (b) EFFECTIVE DATE.—The Secretary shall Mr. Arafat raised questions about his by many in the West Bank and Gaza il- consider an application for a payment under commitment to peace, and whether legally. And he must take action to section 8003(b)(2) for fiscal year 2002 from a there are some in Palestinian society prevent his aides and other Palestinian qualified local educational agency described who are unwilling to accept the exist- officials from defending terrorists. in section 8003(b)(2)(C)(iv), as added by sub- ence of Israel under any circumstances. Mr. Arafat must also understand that section (a), as meeting the requirements of With this cease-fire, these questions if he fails the test, again, that there section 8003(b)(2)(C)(iii), and shall provide a are again on the table. will be very real consequences for him payment under section 8003(b)(2) for fiscal year 2002, if the agency submits to the Sec- As I stated on the floor of the Senate and for the Palestinian people. retary an application for payment under earlier this year, the new Intifadah was The Government of Israel, for its such section not later than 60 days after the characterized by a level of hate and vi- part, must continue to show its com- date of enactment of this Act. olence that I did not believe possible in mitment to peace by exercising the ad- f view of the nature of concessions Israel mirable restraint it has shown in the had offered to make. wake of the June 1 tragedy. MORNING BUSINESS Particularly tragic—coming on top of Israel must also take steps to ease Mr. REID. Mr. President, I ask unan- over 400 Palestinian and 100 Israeli the restrictions on Palestinians, in- imous consent that there be a period deaths since last September—was the cluding travel, and pull its forces back for morning business, with Senators murder of 20 young Israelis at a night from Palestinian populations centers. permitted to speak for up to 5 minutes club in Tel Aviv on June 1. Israel’s re- The events of recent days also each. straint in response to this bombing— strengthen the case for more active The PRESIDING OFFICER. Without looking for the path of peace, not con- American involvement in the Middle objection, it is so ordered. tinued bloodshed—has been nothing East. f short of heroic. I applaud the recent stepped-up role No one—Israeli or Palestinian— of the Bush administration and urge SITUATION IN THE MIDDLE EAST should have to worry about the possi- the President and Secretary Powell to Mrs. FEINSTEIN. Mr. President, we bility of attack as they put their child continue their engagement at this crit- are at a critical juncture in the Middle on a school bus, go to work, go shop- ical juncture in Israeli-Palestinian re- East. If words are followed by deeds, ping, sit at a cafe, or go to a night lations. yesterday’s acceptance by the Palestin- club. I also extend my praise to Director ians of a U.S. plan brokered by CIA Di- We can all remember the images Tenet and Assistant Secretary of State rector Tenet—which Israel had pre- from last Fall of the Palestinian child Burns, both of whom have been in the viously signed off on—may open the hiding behind his father, caught in the region for the past several days shut- door for an end to the violence of the cross-fire—and, just a few days later, tling between Israeli and Palestinian past eight months, a cooling off period, the pictures of the Israelis lynched by offices. and new peace talks. a Palestinian mob, their bloody bodies Director Tenet, in particular, has The violence in Israel following the thrown from the second floor window played an important role bridging collapse of the Camp David talks has of the police station. Israeli and Palestinian security con- been profoundly disturbing to those of There are countless other such im- cerns, and I am confident that he will us who are both friends of Israel and ages that each side can point to in the continue to do his utmost to bring the strong supporters of Arab-Israeli peace- 8 months since. sides together—without jeopardizing making. It is easy to understand how passions Israel’s security. With a cease-fire now in effect, the can run high, and fear and frustration Lastly, I believe that we owe a debt Israeli and Palestinian people have an can drive violence in the current envi- to our former colleague, Senator opportunity to start moving back in ronment. Mitchell, for his work in developing the right direction, towards peace and It is also easy to see how these feel- the Mitchell Commission report and security for the region. ings can get out of control and lead to recommendations. If the peace process is to gain mo- ever deeper, and never-ending, cycles of The administration’s endorsement of mentum, both sides must make a com- violence. the Mitchell Commission report as the mitment to the right of the other to The cease-fire and cooling off period basis for restoring peace to the Middle exist, in peace and security. that has been agreed to provides both East is a sign it understands the role it If leaders on both sides are able to parties the opportunity to end the must play in order for the violence in muster the political will necessary for provocation and reaction. the region to subside and for the par- this commitment, then I believe that it Palestinian acceptance of the cease- ties to eventually return to the negoti- will be possible for the cease-fire to fire agreement brokered by Director ating table.