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, TUESDAY, MAY 8, 2001 No. 62 House of Representatives The House met at 12:30 p.m. and was First, we have often made the prob- combination of mismanaged flood pro- called to order by the Speaker pro tem- lems worse by our efforts to prevent tection, inappropriate development, pore (Mr. ISSA). disasters. We have channelized the riv- and the likelihood of things getting f ers, we have narrowed them, we have worse in terms of increased precipita- reduced the capacity to carry water tion makes these questions even more DESIGNATION OF SPEAKER PRO while they increase the velocity. And significant. TEMPORE we leave no place for the water to go There is a golden opportunity for en- The SPEAKER pro tempore laid be- when it floods. vironmentalists to join with the ad- fore the House the following commu- Number two, we have a decided lack ministration, for fiscal conservatives nication from the Speaker: of careful planning for land around the to join with people who are concerned WASHINGTON, DC, edges of rivers and other bodies of about preventing human misery to May 8, 2001. water. Water is a magnet for develop- agree to simple, common sense steps I hereby appoint the Honorable DARRELL E. ment, especially when we implement that will provide for true improvement. ISSA to act as Speaker pro tempore on this things that appear to increase safety, First, there ought to be an incentive, day. like build more and higher sea walls an emphasis, on prevention. We should J. DENNIS HASTERT, Speaker of the House of Representatives. and dikes. This has encouraged people not discourage or eliminate promising to develop in flood plains, which by programs like Project Impact, which f their very nature puts people at risk. help people prepare to resist disasters MORNING HOUR DEBATES There is a reason why they are called before the fact. The SPEAKER pro tempore. Pursu- flood plains. Second, there ought to be increased ant to the order of the House of Janu- Nationally, we have developed over local responsibility. There is no ques- ary 3, 2001, the Chair will now recog- half our Nation’s wetlands with houses tion that local communities must bear nize Members from lists submitted by and parking lots. In some communities the consequences for decisions they the majority and minority leaders for 90 percent or more of the original wet- make about the location and nature of morning hour debates. The Chair will lands have disappeared, taking with it development. There is no question that alternate recognition between the par- the capacity for the ground in low- more expensive or intrusive measures ties, with each party limited to not to lying areas to soak up water and to should require more local or State sup- exceed 30 minutes, and each Member, have relatively benign pools, ponds, port. However, the Federal match except the majority leader, the minor- and temporary lakes. The swamps, should be higher for things that are ity leader, or the minority whip, lim- which are always targeted to be elimi- going to be preventative in nature ited to not to exceed 5 minutes. nated, were actually very effective de- while subsidy should be reduced or The Chair recognizes the gentleman vices to prevent floodwater from in- eliminated for things that are more from Oregon (Mr. BLUMENAUER) for 5 flicting more damage. likely to make it worse. Local commu- minutes. Into this volatile mix, we need to fac- nities should implement sound land-use f tor global climate change. There are planning and building codes to help some who still argue, well, we should themselves. LIVABLE COMMUNITIES just study it. But the strong consensus There is no excuse to put hog waste Mr. BLUMENAUER. Mr. Speaker, if from the scientific community is that lagoons in flood plains, to not have rea- Members care about livable commu- global warming and climate change is sonable building requirements for win- nities, they should be encouraged with a reality. There is a very high degree of dow covering for areas that are subject the recent discussions surrounding the probability that the warming we have to extreme tropical storm damage, or flooding in the Upper Mississippi. seen in the last century will continue to allow people to maintain a residence We cannot make families safe, and even accelerate. And while many in repeatedly flooded areas. All these healthy, and economically secure un- people associate this with severe people should be given clear signals less we squarely address how we man- droughts and much higher temperature that they are going to have to accept age these disasters. Despite massive in urban areas and nighttime tempera- responsibility to mitigate these clearly construction efforts to stave off harm tures, there is another significant fac- avoidable damages. over the last 40 years, losses adjusted tor, extreme storm events. There have Finally, a simple, common sense step for inflation are six times greater than been many incidents recently where should be to reform the flood insurance before we started. The reasons are communities have set all-time records program to eliminate Federal subsidy quite clear. for rainfall in a 24-hour period. This for repetitive flood-loss payments.

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

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VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.000 pfrm02 PsN: H08PT1 H1932 CONGRESSIONAL RECORD — HOUSE May 8, 2001 It is critical that we not make this level of arsenic from 50 parts per bil- and Pacific Islander Americans into a political tug of war at a time lion to 10 parts per billion would theo- throughout the country, thanks to the when there is consensus in the sci- retically, and this is theoretically pioneering efforts of Congressmen entific community, environmentalists, only, prevent three cases of bladder Frank Horton and Norman Mineta, the professionals who work in disaster cancer and could possibly prevent a who sponsored legislation celebrating mitigation about what will work, what handful of deaths from all causes that the first official Asian Pacific Amer- will make things better, what will keep might possibly be related to arsenic in ican Week in 1978. In 1992, Congressman people out of harm’s way. We need to the United States annually. If a linear Horton authored legislation expanding work cooperatively to make our com- relationship exists, even 1 part per bil- the week into a permanent month-long munities more livable with a better lion poses at least some slight health celebration of the proud mosaic of his- match between private responsibility risk. tories and ethnicities of this most di- and government policy at all levels. At the present time, however, there verse national community. f is no clear evidence that there is a lin- Asian and Pacific Islanders are in- ear relationship between arsenic level deed a diverse constellation of peoples ARSENIC STANDARDS IN and health. It is very possible there DRINKING WATER from 40 major subpopulation groups of may be some point that a certain Pacific Islander Americans including The SPEAKER pro tempore. Under amount of arsenic in the water poses Chamorros, Native Hawaiians and the Speaker’s announced policy of Jan- absolutely no health risk. Arsenic is Samoans; Southeast Asian Americans uary 3, 2001, the gentleman from Ne- necessary for human life and is present such as Cambodians, Vietnamese, braska (Mr. OSBORNE) is recognized in every person’s body. Therefore, 50 Hmongs and Laotians; East Asian during morning hour debates for 5 min- parts per billion, 40 parts per billion, Americans including Chinese, Japanese utes. 30, or 20 parts per billion could prove to and Koreans; and South Asian Ameri- Mr. OSBORNE. Mr. Speaker, I have be perfectly safe. We just do not know cans, including Indians and Pakistanis. been concerned about attacks made on what that level is. Our national community boasts the the Bush administration for their deci- The cost of lowering this standard most diverse minority group within the sion to not immediately implement the from 50 parts per billion to 10 parts per country, comprised of both immigrant Environmental Protection Agency’s de- billion has been estimated by the EPA and indigenous populations. cision to reduce the standard on ar- to cost $181 million annually. However, The history of Congress includes 33 senic in drinking water from 50 parts the American Waterworks Association Asian and Pacific Islander Americans per billion to 10 parts per billion until has stated that the cost would actually that have served from 1903 to the further research and data is provided. be $600 million annually with an addi- present. These Members come from Since nearly everyone has heard of in- tional $5 billion in capital outlays to backgrounds ranging from Chinese, dividuals being poisoned with arsenic, pay for the treatment plants. There is Chamorro, Filipino, Asian Indian, Jap- it is assumed that any amount of ar- a huge discrepancy, obviously, in these anese, Korean, Hawaiian, and Samoan. senic is detrimental and that not im- figures. Thirteen of these Members were Resi- mediately implementing a lower stand- The EPA told the State of Nebraska’s dent Commissioners from the Phil- ard of 10 parts per billion is anti-envi- Department of Health to dump ex- ippine Islands during the time it was a ronment and insensitive to human tracted arsenic on open fields, as ar- territory from 1898 until it became health concerns. The 50 parts per bil- senic is nontoxic. However, a short independent in 1946. Currently, there lion standard has been in effect since time later the EPA reversed its opinion are nine Members serving in the 107th 1942, and there is no sound evidence and said that arsenic extracted from Congress. Amongst them are two Sen- that having a standard of 50 parts per water must be shipped to toxic waste ators, two delegates, and five Rep- billion has led to increased health dumps. It does not appear that the EPA resentatives. problems in the United States. has factored the cost of shipping ar- Delegate Jonah Kuhio Kalanianaole, Most people are not aware of the fact senic to toxic waste sites into their a Native Hawaiian prince and Member that arsenic is a naturally-occurring cost estimates. It would seem that the of the Hawaiian royal family, was the substance and is present in the ground- Bush administration’s decision to first Pacific Islander American elected water in most western States and parts delay implementation of standards to Congress. Delegate Kuhio rep- of the Midwest and even some parts of until further study has been done is resented the Territory of Hawaii from New England. It is not put there by warranted. In short, it seems that all 1903 to 1923. pesticides, fertilizers or human beings. of the evidence that we currently have Ninety-seven percent of the commu- would indicate that an arbitrary level Hawaii, not surprisingly being the nities exceeding the 10 parts per billion of 10 parts per billion may be exces- State with the highest per capita popu- of arsenic in their water supplies are sively low and it is quite likely not lation of Asian and Pacific Islander small towns with populations of less based on any sound evidence. Further Americans, has a history of many than 10,000 people. There are 69 such data from independent sources is clear- other firsts in Congress. Senator Hiram communities in the State of Nebraska ly warranted. Fong was the first Chinese American in Congress. Representative PATSY MINK that exceed 10 parts per billion of ar- f senic. Nearly all of these are small was the first Asian Pacific American rural communities, and most of them INTRODUCTION OF CONCURRENT woman in Congress. Senator DANIEL K. have only 11 to 15 parts per billion of RESOLUTION AUTHORIZING INOUYE is the first Japanese American arsenic in their groundwater. In order PRINTING OF ‘‘ASIAN AND PA- and has served in Congress since being to meet the 10 parts per billion stand- CIFIC ISLANDER AMERICANS IN elected in 1959 after statehood for Ha- ard, nearly all of these communities CONGRESS’’ waii. Senator DANIEL K. AKAKA is the would have to be assessed several hun- The SPEAKER pro tempore. Under first U.S. Senator of Native Hawaiian dred dollars per family and several mil- the Speaker’s announced policy of Jan- ancestry. lion dollars per community. uary 3, 2001, the gentleman from Guam Amongst the other firsts, Represent- Much of the EPA reasoning for drop- (Mr. UNDERWOOD) is recognized during ative Dalip Signh Saund of California ping the arsenic standards to 10 parts morning hour debates for 5 minutes. was the first Asian American U.S. Rep- per billion has been extrapolated from Mr. UNDERWOOD. Mr. Speaker, in resentative from 1957 to 1963. Guam’s studies done in Taiwan where water celebration of Asian Pacific American first Delegate to Congress, Antonio contains an average arsenic level of 250 Heritage Month, I proudly rise to in- Borja Won Pat, was the first Chamorro parts per billion. Some health prob- troduce a concurrent resolution au- elected in 1973. Delegate Fofo Iosefa lems have been detected as a result of thorizing the printing of a book enti- Fiti Sunia, the first American Samoan the high levels of arsenic in Taiwan. tled ‘‘Asian and Pacific Islander Ameri- in Congress, was elected in 1981. And Now, if there is a linear relationship in cans in Congress.’’ Representative Jay Kim was the first regard to the level of arsenic and Each year during the month of May, Korean American elected to the 103rd health concerns, reducing the standard we celebrate the rich heritage of Asian Congress.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.002 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1933 b 1245 ragua Opposition Select Committee, panic Americans in Congress’’, ‘‘Black Ameri- Benito Y Tuason Legarda and Pablo and Senate Committee on Indian Af- cans in Congress’’, and ‘‘Women in Con- Ocampo were the first Filipinos elected fairs. gress.’’ as resident commissioners in the 60th In the House, Representative Norm Mineta chaired the House Public Works It is not surprising that the top leaders of our Congress in 1907. Members also served great nation have recognized the importance in a variety of occupations before and Transportation Committee. Mineta later went on to be the first Asian of Asian and Pacific Islander American con- working in Congress. Seven were edu- tributors. President Jimmy Carter was the first cators. Eight held law degrees or prac- American member of a Presidential to proclaim Asian Pacific American Heritage ticed law, and two had been judges. Cabinet, who was appointed by Presi- Others had won State and local elec- dent Bill Clinton to serve as Secretary Week in May 1978. Two years later, President tions before serving in Congress. Nine of Commerce. He was tapped again this George Bush was the first to issue a procla- members have military experience, year by President George Bush to serve mation celebrating Asian Pacific American some such as Brigadier General Ben as Secretary of Transportation. Heritage Month on May 7, 1990. Since then, Blaz earning a Bronze Medal and Cap- As a member of the Congressional President Bill Clinton has continued the tradi- tain DANIEL K. INOUYE, who was award- Asian Pacific American Caucus, one of tion, proclaiming the celebration of Asian Pa- ed the Medal of Honor by President Bill our goals is to educate other Members cific American Heritage during the Month of Clinton last year. and the country about the history and May. Clinton also issued an Executive Order Some became great statesmen after contributions of Asian Pacific Islander establishing a White House Initiative on and serving in Congress, such as Brigadier Americans. Commission on Asian Americans and Pacific General Carlos Pena Romulo who This concurrent resolution author- Islanders. served with distinction as aide-de-camp izing the printing of this book will en- to General Douglas MacArthur. He was able us to meet this goal. Mr. Speaker, I would like to take this oppor- a Pulitzer Prize winner, one of the sig- I include in the RECORD a list of tunity to urge my colleagues and President natories of the U.N. Charter and Presi- Members of Congress from the Asian George W. Bush to continue and share in the dent of the U.N. General Assembly Pacific Islander community at the end tradition of celebrating Asian and Pacific Is- from 1949 to 1950. of my remarks. lander American culture and history, and to Asian and Pacific Islander American This concurrent resolution authorizing the recognize the significant contributions they members have also chaired several con- printing of this book will not only enable us to have made to the growth of our great nation. gressional committees. In the Senate, meet that goal but also educate the general Finally, I look forward to working with the Bush Senator INOUYE chaired the Senate Se- public on the diversity that exists in Congress. administration to continue the progress of the lect Committee on Intelligence, Secret ‘‘Asian and Pacific Islander Americans in Con- White House Initiative on Asian Americans Military Assistance to Iran and Nica- gress’’ will follow in the same tradition as ‘‘His- and Pacific Islanders. TABLE 1.—ASIAN PACIFIC AMERICAN MEMBERS AND DELEGATES IN THE 58TH-107TH CONGRESSES (1903–2003)

Congress Dates House Senate

58th–67th ...... 1903–1923 Jonah Kuhio Kalanianaole1 — 68th–84th ...... 1923–1957 — — 85th ...... 1957–1959 Dalip Singh Saund — 86th ...... 1959–1961 Daniel Ken Inouye Hiram Leong Fong. Dalip Singh Saund 87th ...... 1961–1963 Daniel Ken Inouye Hiram Leong Fong. Dalip Singh Saund 88th ...... 1963–1965 Spark Masayuki Matsunaga Hiram Leong Fong. Daniel Ken Inouye. 89th ...... 1965–1967 Spark Masayuki Matsunaga Hiram Leong Fong. Patsy Takemoto Mink Daniel Ken Inouye. 90th ...... 1967–1969 Spark Masayuki Matsunaga Hiram Leong Fong. Patsy Takemoto Mink Daniel Ken Inouye. 91st ...... 1969–1971 Spark Masayuki Matsunaga Hiram Leong Fong. Patsy Takemoto Mink Daniel Ken Inouye. 92nd ...... 1971–1973 Spark Masayuki Matsunaga Hiram Leong Fong. Patsy Takemoto Mink Daniel Ken Inouye. 93rd ...... 1973–1975 Spark Masayuki Matsunaga Hiram Leong Fong. Patsy Takemoto Mink Daniel Ken Inouye. Antonio Borja Won Pat 94th ...... 1975–1977 Spark Masayuki Matsunaga Hiram Leong Fong. Norman Yoshio Mineta Daniel Ken Inouye. Patsy Takemoto Mink Antonio Borja Won Pat 95th ...... 1977–1979 Daniel Kahikina Akaka Samuel Ichiye Hayakawa. Norman Yoshio Mineta Daniel Ken Inouye. Antonio Borja Won Pat Spark Masayuki Matsunaga. 96th ...... 1979–1981 Daniel Kahikina Akaka Samuel Ichiye Hayakawa. Robert Takeo Matsui Daniel Ken Inouye. Norman Yoshio Mineta Spark Masayuki Matsunaga. Antonio Borja Won Pat 97th ...... 1981–1983 Daniel Kahikina Akaka Samuel Ichiye Hayakawa. Robert Takeo Matsui Daniel Ken Inouye. Norman Yoshio Mineta Spark Masayuki Matsunaga. Fofo Iosefa Fiti Sunia Antonio Borja Won Pat 98th ...... 1983–1985 Daniel Kahikina Akaka Daniel Ken Inouye. Robert Takeo Matsui Spark Masayuki Matsunaga. Norman Yoshio Mineta Fofo Iosefa Fiti Sunia Antonio Borja Won Pat 99th ...... 1985–1987 Daniel Kahikina Akaka Daniel Ken Inouye. Ben Garrido Blaz Spark Masayuki Matsunaga. Robert Takeo Matsui Norman Yoshio Mineta Fofo Iosefa Fiti Sunia 100th ...... 1987–1989 Daniel Kahikina Akaka Daniel Ken Inouye. Ben Garrido Blaz Spark Masayuki Matsunaga. Robert Takeo Matsui Norman Yoshio Mineta Patricia Fukuda Saiki Fofo Iosefa Fiti Sunia2 101st ...... 1989–1991 Ben Garrido Blaz Daniel Kahikina Akaka.3 Eni F.H. Faleomavaega Daniel Ken Inouye. Robert Takeo Matsui Spark Masayuki Matsunaga. Norman Yoshio Mineta Patsy Takemoto Mink Patricia Fukuda Saiki 102nd ...... 1991–1993 Ben Garrido Blaz Daniel Kahikina Akaka. Eni F.H. Faleomavaega Daniel Ken Inouye. Robert Takeo Matsui Norman Yoshio Mineta Patsy Takemoto Mink

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.005 pfrm02 PsN: H08PT1 H1934 CONGRESSIONAL RECORD — HOUSE May 8, 2001 TABLE 1.—ASIAN PACIFIC AMERICAN MEMBERS AND DELEGATES IN THE 58TH-107TH CONGRESSES (1903–2003)—Continued

Congress Dates House Senate

103rd ...... 1995–1997 Eni F.H. Faleomavaega Daniel Kahikina Akaka. Jay C. Kim Daniel Ken Inouye. Robert Takeo Matsui Norman Yoshio Mineta2 Patsy Takemoto Mink Robert C. Scott Robert Anacletus Underwood 104th ...... 1995–1997 Eni F.H. Faleomavaega Daniel Kahikina Akaka. Jay C. Kim Daniel Ken Inouye. Robert Takeo Matsui Norman Yoshio Mineta4 Patsy Takemoto Mink Robert C. Scott Robert Anacletus Underwood 105th ...... 1997–1999 Eni F.H. Faleomavaega Daniel Kahikina Akaka. Jay C. Kim Daniel Ken Inouye. Robert Takeo Matsui Patsy Takemoto Mink Robert C. Scott Robert Anacletus Underwood 106th ...... 1999–2001 Eni F.H. Faleomavaega Daniel Kahikina Akaka. Robert Takeo Matsui Daniel Ken Inouye. Patsy Takemoto Mink Robert C. Scott Robert Anacletus Underwood David Wu 107th ...... 2001–2003 Eni F.H. Faleomavaega Daniel Kahikina Akaka. Michael M. Honda Daniel Ken Inouye. Robert Takeo Matsui Patsy Takemoto Mink Robert C. Scott Robert Anacletus Underwood David Wu 1 Del. Jonah Kuhio Kalanianaole died on January 7, 1922. 2 Del. Fofo Iosefa Fiti Sunia resigned on September 6, 1988. 3 Senator Daniel Kahikina Akaka also served in the House in the 101st Congress until May 15, 1990. However, he appointed was to the Senate and was sworn on May 16, 1990, to fill the vacancy caused by the death of Senator Spark Masayuki Matsunaga on April 15, 1990. Subsequently, he was elected to the Senate in November 1990. 4 Rep. Norman Yoshio Mineta resigned on October 10, 1995. TABLE 4.—RESIDENT COMMISSIONERS FROM THE PHIL- 13 Appointed to fill vacancy caused by the resignation of Joaquin M. would have reduced the acceptable Elizalde, and succeeded him on August 21, 1944. IPPINE ISLANDS, 60th–79th CONGRESSES 1907–1946) 14 Office of Resident Commissioner terminated on July 4, 1946. level of arsenic in drinking water from Note.—The Philippine Islands were part of territory ceded to the United 50 parts per billion to 10 parts per bil- Congress Dates Resident commissioners States by Spain under the Treaty of Paris of December 10, 1898. The Act of July 1902 granted the Philippine Islands the right to elect two Resident lion. However, new EPA administrator, 60th ...... 1907–1909 Benito Y Tuason Legarda.1 Commissioners to the United States. In 1935, the Philippine Islands became Christie Todd Whitman, later an- Pablo Ocampo.1 the Commonwealth of the Philippines and the number of Resident Commis- 61st ...... 1909–1911 Benito Y Tuason Legarda.1 sioners was reduced from two to one. In 1946, the Philippines became fully nounced that the agency would seek a Pablo Ocampo.1 independent, and the office of the Resident Commissioner was terminated. scientific review of the standard before Manuel Luis Quezon.3 62nd ...... 1911–1913 Benito Y Tuason Legarda. f implementing a new rule. The Bush ad- Manuel Luis Quezon. ministration has made it clear that the 63rd ...... 1913–1915 Manuel Luis Quezon. ARSENIC LEVELS IN DRINKING Manuel Earnshaw. WATER arsenic level will be significantly re- 4 64th ...... 1915–1917 Manuel Luis Quezon. The SPEAKER pro tempore (Mr. duced. However, it wants the final rule Manuel Earnshaw. to be based on sound science. 65th ...... 1917–1919 Jaime Carlos de Veyra. ISSA). Under the Speaker’s announced Teodoro Rafael Yangco. 66th ...... 1919–1921 Jaime Carlos de Veyra. policy of January 3, 2001, the gen- It certainly appears that the Clinton Teodoro Rafael Yangco.5 tleman from Nebraska (Mr. BEREUTER) administration made an arbitrary deci- Isauro Gabaldon.6 67th ...... 1921–1923 Jaime Carlos de Veyra. is recognized during morning hour de- sion based upon questionable studies, Isauro Gabaldon. bates for 5 minutes. most of which involve populations in 68th ...... 1923–1925 Isauro Gabaldon. Pedro Guevara. Mr. BEREUTER. Mr. Speaker, like other countries which were exposed to 69th ...... 1925–1927 Isauro Gabaldon. my distinguished colleague from Ne- significantly higher levels of arsenic Pedro Guevara. 70th ...... 1927–1929 Isauro Gabaldon.7 braska (Mr. OSBORNE), this Member than those found in the United States. Pedro Guevara. comes to the floor to urge his col- On the other hand, the EPA seems to 71st ...... 1929–1931 Pedro Guevara. Camilo Osias. leagues to look at the facts when it dismiss the most comprehensive U.S. 72nd ...... 1931–1933 Pedro Guevara. comes to the issue of arsenic in drink- study on this matter. A 1999 study in Camilo Osias. 73rd ...... 1933–1935 Pedro Guevara. ing water. The Bush administration’s Utah, which involved more than 5,000 Camilo Osias. recent actions on this matter have led people, failed to find an increased inci- 74th ...... 1935–1937 Pedro Guevara.8 Francisco Afan Delgado.8 to heated rhetoric, wild exaggerations dence of cancer associated with arsenic Quintin Paredes.9 and soundbite politics. in drinking water. 75th ...... 1937–1939 Quintin Paredes.10 I suppose that was predictable, since Joaquin Miguel Elizalde.11 It is certainly not the intent of this 76th ...... 1939–1941 Joaquin Miguel Elizalde. the word ‘‘arsenic’’ is so emotion-load- Member to treat lightly the possible 77th ...... 1941–1943 Joaquin Miguel Elizalde. ed. It is important, I believe, to get the 78th ...... 1943–1945 Joaquin Miguel Elizalde.12 adverse health effects of arsenic. How- Carlos Pena Romulo.13 full story and to listen to those who 79th ...... 1945–1947 Carlos Pena Romulo.14 ever, this Member believes that accu- would be most affected by the proposed rate and relevant studies should be re- 1 Elected November 22, 1907, for a term of two years, granted the privi- changes. leges of the floor of the House of Representatives, with the right of debate, Many State and local officials, as viewed before water systems, espe- February 4, 1908. cially those with limited resources, are 2 Term expired November 22, 1909. well as water system administrators, 3 Elected for a term of two years beginning November 23, 1909. have expressed concerns about the forced to make such substantial invest- 4 Resigned October 15, 1916, vacancy throughout the remainder of 64th ments in infrastructure and treatment. Congress. problems which could be caused by the 5 Term expired March 3, 1920. proposed changes. This Member would Smaller communities would have been 6 Elected for a term of three years beginning March 4, 1920. especially hard hit by the implementa- 7 Resigned July 16, 1928, having been nominated for election to the Phil- begin by firmly stating that, of course, ippine House of Representatives, vacancy throughout the remainder of the everyone recognizes the importance of tion of the proposed arsenic level. 70th Congress. 8 When the new government of the Commonwealth of the Philippine Is- providing safe drinking water for all of Arsenic levels in York, Nebraska, my lands was inaugurated, the terms of office of the Resident Commissioners our Nation’s citizens. Also some birthplace, for example, a community of the Philippine Islands expired. Both resident Commissioners served until February 14, 1936, when a selected successor qualified (48 Stat. 456). changes in the arsenic standard may of about 7,500 people, are at 34 parts per Under this law, the number of Resident Commissioners was reduced from well be justified. However, it makes no billion, and the initial cost to meet the two to one. 9 Appointed December 21, 1935, to fill vacancy caused by the expiration sense to base those changes on any- new standard would be $6 million. of the terms of Pedro Guevara and Francisco A. Delgado, due to the new thing like emotion. Instead, they Gering, Nebraska, with a level of only form of government, and took his seat on February 14, 1936. 10 Resigned September 29, 1938. should be based on sound science. 13 parts per billion, only 3 points over 11 Appointed September 29, 1938, to fill vacancy caused by resignation of As many of us know now, in the final the arbitrary level set by the rule, Quintin Paredes; service began on January 3, 1939, upon convening of 76th Congress. days of the Clinton administration, a would be compelled to spend about $4.4 12 Resigned August 9, 1944. final rule was rushed through which million.

VerDate 08-MAY-2001 03:48 May 09, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.003 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1935 Overall, more than 3,000 community uary 3, 2001, the gentlewoman from of its dues and its actions over the last water systems in the United States Texas (Ms. JACKSON-LEE) is recognized couple of months that suggest that its would have to come into compliance, during morning hour debates for 5 min- world associates are unhappy, but we and the rule would have more than tri- utes. must not step away from fighting for pled water rates in many small com- Ms. JACKSON-LEE of Texas. Mr. human rights and we must insist that munities. Speaker, this morning I wish to ad- human rights becomes the call of the Now, this Member believes that com- dress the necessity for this House to day for all nations, including China munities will be willing to spend the balance its priorities and to begin to and Sudan and many others. money necessary to address this mat- move forward its legislative agenda. ter if they were convinced that they Before I do that, let me associate my- I want to thank and congratulate would see actual health benefits by self with the remarks of the gentleman Senator Ellis and Representative making the changes. from Guam (Mr. UNDERWOOD) and Thompson of the State of Texas for According to an April 14, 2001 article thank him for bringing to the floor and getting through the Senate and the in the New York Times, Albuquerque, dropping today legislation that will House a hate crimes legislative initia- New Mexico, Mayor Jim Baca, a Demo- allow the printing of a book honoring tive, and I raise that point because it is crat stated, ‘‘What we would like is Asian Pacific Islander Americans in long overdue for the United States of some definitive scientific evidence that Congress, particularly as we celebrate America’s Congress to pass real hate this would be worth doing. I am a pret- the history of our Asian American crimes legislation to say and make a ty strong environmentalist but I was friends. This is a diverse country and statement to those who would do hei- convinced that the data did not justify we reflect the wonderfulness of that di- the new level.’’ nous acts on the basis of someone’s dif- versity. ference that we will not tolerate that It is important to listen to utility su- As we do that as well, Mr. Speaker, in America. It still goes on in Texas. It perintendents, city administrators, vil- let me say that I am disturbed and con- still goes on in States across this Na- lage boards, mayors and other local cerned. Today we will rush to judg- tion, and I think that we are long over- and State officials, including public ment, having missed two pages of the health officials, who are concerned budget last week and having to delay it due for getting hate crime legislation about the effect the proposed rule and until Tuesday, to support a budget res- to the floor. its associated costs would have on olution that includes an enormous tax We do understand that there has been their communities. These are people cut but fails to include $294 billion for movement in the Cincinnati occur- who have a powerful incentive to pro- what we have all come to know as a rences, the tragedy of having had 15 Af- vide safe drinking water, since they very important issue, and that is the and their constituents will be drinking rican American males shot by the po- education of our children. With this lice since 1995. I think it is important that water. These community leaders budget, we know that we will be invad- know where the buck stops. They cer- that the Attorney General has now ining the Medicare and Social Security tainly would not subject themselves dicated that there will be a civil rights Trust Funds by the year 2011. and their families and friends to harm- investigation, do it expeditiously and I would have hoped that we would quickly, and begin to heal and solve ful water. Quite simply, these local of- have been more timely with this budg- those problems by insisting that the ficials have not been convinced of the et, giving us more time to debate it police department and the community need to lower the arsenic to the level and focusing on issues like making proposed by the Clinton administra- sure that uninsured children and unin- work closely together. tion. sured Americans have health care, pro- Finally, let me say, Mr. Speaker, It is also helpful to note that any viding prescription drug coverage the there are several enormously impor- community in the country now has the authority to lower arsenic in its drink- way it should be, and including the $294 tant issues that we are dealing with as ing water to whatever level it chooses billion for our educational needs, col- it relates to the energy crisis. We are below 50 parts per billion. The reason laborating with our local governments not doing enough in this Congress. We communities have not lowered their and local school boards. are not doing enough in the adminis- Tragically, another violent act at levels to 10 parts per billion is that the tration by simply saying, handle it school occurred in an Alaska elemen- health benefits have not been shown to yourself; it is not going to go away. I tary school. This is Children’s Mental justify the enormous cost. believe it is time to help Americans The American Water Works Associa- Health Month and I am delighted to be with gasoline prices. I believe it is time tion stated in its comment last year, able to focus on the need for mental to be able to provide dollars for those health services for all of Americans, ‘‘At the level of 10 ppb or lower, the who will be overheated in the summer. but as well to focus on the needs of our health risk reduction benefits become With more additional funding for vanishingly small as compared to the children. I would like to see more in- school health clinics for our children to LIHEAP dollars in the State of Texas costs.’’ in 1998 and 1999, we lost 130-plus citi- The costs, however, are real. The be able to access services for both their zens because of the heat and not being American Water Works Association, physical health needs, immunizations, able to provide the dollars they needed which supports a reduction in the cur- but as well, their mental health needs. rent arsenic standard, has estimated I believe that as we move forward to for utility costs or even having air-con- the proposed rule would cost $600 mil- address the question of our foreign au- ditioners. I think certainly we should lion annually and require $5 billion in thorization bill, we will need to seri- be helping with the brownouts. Con- capital outlays. In an ideal world, with ously debate the question of the loss of servation is important. Exploration is unlimited resources, it may make the United States’ seat on the Human important within reason, but we must sense to propose changes in the hope Rights Council in the United Nations. have emergency relief now for those that they may provide a benefit. How- Many of my colleagues will rise in dis- who are experiencing the energy crisis, ever, the reality is that communities tress and anger, saying that we should because it is here. no longer be associated with the United do not have unlimited funds. Mr. Speaker, I think that we can Nations. We should be cautious, and Everyone deserves safe drinking focus on a lot of priorities and we are certainly we should be understanding water and this Member urges his col- not doing so. Even as we watch the var- leagues to listen to State and local of- of the fact that the United Nations now ious layoffs of individuals across this ficials on how to provide it. stands as the only entity where so Nation, they are asking for the Con- f many countries of so many diverse and disparate viewpoints actually can talk gress to act. Do not look at the layoffs THE NECESSITY OF THE HOUSE TO to each other. and ignore them and say it is not in my BALANCE ITS PRIORITIES AND Even though it is a very disturbing State, just like we should not look at MOVE FORWARD act to have lost the seat, we too have the energy crisis and ignore it and say The SPEAKER pro tempore. Under to look at the policy of the United it is not in my State. I believe we have the Speaker’s announced policy of Jan- States as it relates to the nonpayment priorities. We should act on them.

VerDate 08-MAY-2001 03:12 May 09, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.022 pfrm02 PsN: H08PT1 H1936 CONGRESSIONAL RECORD — HOUSE May 8, 2001 WHERE DOES THE EDUCATION squared off over bilingual education. RECESS MONEY GO? The STAR testing statute mandates The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under that children who have been in the ISSA). Pursuant to clause 12 of rule I, the Speaker’s announced policy of Jan- United States at least a year be tested the Chair declares the House in recess uary 3, 2001, the gentleman from Flor- in English, the presumption being they until 2 p.m. ida (Mr. STEARNS) is recognized during should have learned English by then. Accordingly (at 1 o’clock and 4 min- morning hour debates for 5 minutes. But the San Francisco school district utes p.m.), the House stood in recess Mr. STEARNS. Mr. Speaker, many contends it must test immigrant stu- until 2 p.m.) dents in their non-English native lan- say as California goes, so goes the rest f of the Nation. Considering that, I guage. San Francisco is the only dis- would like to bring to the attention of trict making that claim, but taxpayers b 1400 my colleagues a new study of public must cover the cost of that legal spat. AFTER RECESS education spending in California. Even more troubling is that special The recess having expired, the House The study reveals that the generally education programs for children with accepted per-pupil spending figure of was called to order by the Speaker pro mental and physical handicaps are tempore (Mr. GIBBONS) at 2 p.m. $6,700 for California students signifi- plagued by bureaucratic gridlock at f cantly understates the actual per-pupil the Federal, State, county, and local spending figure that is approximately levels, as well as by unfunded mandates PRAYER $8,500. Moreover, two out of five, two from the Federal and State levels. Par- The Reverend Thomas A. Kuhn, out of every five, public school dollars ents of special-ed children have no ef- are spent on bureaucracy and overhead Church of the Incarnation, Dayton, fective voice in program decision-mak- Ohio, offered the following prayer: rather than on classrooms. Instruc- ing. tions and internal legal squabbles drain Father, we can never thank You education dollars from the system. Local citizens have diminishing enough for the many blessings You The authors, Dr. Bonsteel of San power to influence local school policy, have given to us as a people. You gave Francisco and accountant Carl Brodt of since almost two-thirds of education all of Your children the same rights as Berkeley, intended their analysis to be tax dollars now are funneled through people, and at the same time have a nonpartisan one. the States. In addition, while the Fed- given us the means to safeguard those eral Government furnishes just 6 per- rights. Give us the strength to reach 1300 b cent of education funding, its require- out to those who are unable to safe- Bonsteel is a Democrat and Brodt is ments account for close to half of all guard their rights. a Republican. education paperwork. Lisa Keegan, You have made us a powerful people. I will share some of the key findings State Superintendent for Arizona May we always be gentle enough to lift of the study entitled, ‘‘Where is all the schools, has said it takes 165 members up the fallen, and prepared enough to money going? Bureaucrats and Over- of her staff, 45 percent of the total, just protect the weak and defenseless. head in California’s Public Schools,’’ to manage Federal programs. You have blessed us richly. May we together with the authors’ proposal for always generously share those bless- decreasing bureaucracy and enhancing The Bonsteel-Brodt study notes bu- ings with Your children who are poor. accountability. reaucracies in all levels ‘‘invariably You have given us a beautiful land. First, consider that inflation-ad- understate true per student spending.’’ May we nurture and preserve it so that justed spending on public education in At the national level, the figures re- those who follow us can always see California has increased by 39 percent leased by the National Center for Edu- Your goodness. since 1978. Nevertheless, textbooks are cation Statistics are usually the ‘‘cur- Much of what has been given to us frequently unavailable, school libraries rent expenditures’’ number, which does has been entrusted to the Members of have been shut down, and art and not account for the cost of school pay- this great House. Give them a world vi- music programs have been terminated. ments or interest payments on school sion so that they may work for the The authors conclude, ‘‘This is pri- bonds. good of all of Your children. Amen. marily because of the explosion in In California, the spending statistics f spending on administration and over- are ‘‘even more deceptive,’’ the study’s head.’’ authors charge. The all-inclusive and THE JOURNAL Approximately 40 percent of Califor- thus more accurate figure for per-pupil The SPEAKER pro tempore. The nia’s K–12 tax dollars are spent on bu- spending in California is approximately Chair has examined the Journal of the reaucracy and overhead, not classroom $8,500 per student, more than 25 percent last day’s proceedings and announces instruction. This figure comes not just higher. Using the low figure, the Cali- to the House his approval thereof. from the Bonsteel-Brodt analysis, but fornia NEA affiliate has advocated Pursuant to clause 1, rule I, the Jour- also from previous studies conducted hefty spending increases for the ex- nal stands approved. by the Rand Corporation and the Little press purpose of raising the State’s per f Hoover Commission. pupil spending above the national aver- Four levels of administration run K– age. PLEDGE OF ALLEGIANCE 12 schools in California, and they act as The SPEAKER pro tempore. Will the though they are separate fiefdoms. The best hope for decreasing bureaucracy and enhancing accountability, the gentlewoman from Texas (Ms. EDDIE They quarrel frequently, and often BERNICE JOHNSON) come forward and those disagreements end in lawsuits Bonsteel-Brodt report concludes, is school choice of various kinds. They lead the House in the Pledge of Alle- among the bureaucratic fiefdoms, with giance. the taxpayers picking up the tab for note, for example, that California’s public charter schools have easily out- Ms. EDDIE BERNICE JOHNSON of lawyers on both sides. The California Texas led the Pledge of Allegiance as Department of Education and the State performed traditional public schools, while operating on about 60 percent of follows: Department of Education maintain I pledge allegiance to the Flag of the legal counsel to sue each other. the per-student funding of conventional public schools. The charters United States of America, and to the Repub- This Bonsteel-Brodt study presents a lic for which it stands, one nation under God, sample State Board of Education agen- have accomplished this by cutting the indivisible, with liberty and justice for all. bureaucratic overhead. da listing 30 lawsuits confronting the f State Board. Seven of those suits pit Mr. Speaker, as we look to solve one layer of the education bureaucracy America’s education problems, we REVEREND THOMAS A. KUHN against another layer. must first honestly ask, where does the (Mr. BOEHNER asked and was given In one set of lawsuits, the San Fran- money go? Only then can we make the permission to address the House for 1 cisco Unified School District and the right and often tough choices to reform minute and to revise and extend his re- State Department of Education have education. marks.)

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.023 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1937 Mr. BOEHNER. Mr. Speaker, today, House for 1 minute and to revise and Mr. GIBBONS. Mr. Speaker, the it is my privilege to welcome Father extend his remarks.) United States was built upon and by Thomas Kuhn as our guest chaplain. Mr. SMITH of Michigan. Mr. Speak- small family-owned businesses, and Father Tom is currently pastor of the er, through you to the President’s America is today known for its unique, Church of the Incarnation in Commission on Social Security, I entrepreneurial spirit. Centerville, Ohio, one of the largest would suggest many of us are very con- Even today, in the era of corporate Catholic parishes in the Archdiocese of cerned that we are going to review a mergers, small businesses remain the Cincinnati. proposal that might not keep Social cornerstone, yes, the foundation of our Father Kuhn has been pastor at In- Security solvent for the next 75 to 100 economy. carnation since 1989. He is leading a years. They employ 53 percent of our work delegation of some 75 8th graders from I think it is important that we urge force and account for 99.7 percent of Incarnation School, which has won the the President, that we urge this Com- the Nation’s employers. Yet burden- U.S. Department of Education Blue mission, to come back to this legisla- some regulations, a complex Tax Code, Ribbon School award for excellence tive body with a proposal that is going and an inaccessible health care system several times, most recently in 1999. to at least keep Social Security sol- have been stifling the ability of small A number of his students from Incar- vent for the next 75 years. Social Secu- businesses to remain viable and suc- nation are with us this afternoon rity is a pay-as-you-go program. cessful. watching these proceedings from the It is going broke as we experience de- As a Congress, we need to ensure that Gallery. We want to welcome you. I am mographics that represent a decline in the entrepreneurial spirit that built sure the gentleman from Dayton, Ohio the birth rate and an increase in life this country does not diminish due to expectancy. It is a good program for an unfair tax and regulatory system. (Mr. HALL) will join me in welcoming America. It is a serious problem. We Mr. Speaker, I encourage my col- Father Kuhn and all of you to the Cap- need to protect Social Security. leagues to support small business own- itol today. ers in their pursuit of the American Father Tom is the former principal of f dream. I yield back all of the unfair Cincinnati’s Elder High School and the INTRODUCTION OF IMPACT AID taxes and regulations that have served former assistant pastor of St. John’s BILL as obstacles for the small businesses Church in West Chester, Ohio, and it (Mr. KIRK asked and was given per- which make our Nation great and pros- was during that time that I came to mission to address the House for 1 perous. know him, and he remains a great minute.) f friend today. Mr. KIRK. Mr. Speaker, 21 of my bi- Please join me in welcoming Father partisan colleagues and I introduced NATIONAL SMALL BUSINESS Kuhn as our guest chaplain and the my first bill, a measure important for WEEK 2001 students of Incarnation School as they the education of military children. Our (Mr. PENCE asked and was given per- explore our Nation’s Capitol. bill is called GRADE–A, the Govern- mission to address the House for 1 f ment Reservation Accelerated Develop- minute.) ANNOUNCEMENT BY THE SPEAKER ment for Education Act, and it guaran- Mr. PENCE. Mr. Speaker, I rise today PRO TEMPORE tees that federally-impacted schools to call the House’s attention to our receive the dollars they need from the country’s most vital economic sector, The SPEAKER pro tempore. The impact aid program. our small businesses. Chair will remind Members that they Mr. Speaker, over 5,000 military per- Each year, for the past 38 years, the are not to address or refer to the guests sonnel qualify for food stamps, and President has issued a proclamation in the Gallery. people who wear their country’s uni- calling for the celebration of National f form sometimes fall below the poverty Small Business Week. This year, Na- HIGH GAS PRICES line while their kids go to schools fi- tional Small Business Week, which is nancially teetering on the edge. As we sponsored by the SBA, is being held (Mr. TRAFICANT asked and was boost military pay and housing, we right now. given permission to address the House must also care for military kids. Mr. Speaker, this year’s celebration for 1 minute and to revise and extend Mr. Speaker, over 90 percent of the will honor the estimated 25.5 million his remarks.) funding for education comes from local small businesses in America that em- Mr. TRAFICANT. Mr. Speaker, gov- funds, from funds such as property ploy more than half the country’s pri- ernment investigators said, and I taxes. But what happens if that prop- vate work force, create 3 out of every 4 quote, there is no conspiracy by petro- erty is owned by the Federal Govern- new jobs, and generate a majority of leum companies to raise gas prices in ment and off the tax rolls? Kids report American innovations. America. Unbelievable. to class with no property tax dollars Small Business Week also recognizes Who is kidding whom here? Gas needed for their school. small business owners all across Amer- prices are over $2 a gallon, and, in addi- GRADE-A guarantees that the Fed- ica for their personal achievements and tion, it just seems every weekend they eral Government will step in to ensure contributions to our economy. From just raise them 25 cents a gallon just that these kids have the resources they this group, in Indiana, the Indiana for the sake of it. need for their education. It ensures Small Business Person of the Year is Mr. Speaker, if that is not enough to that when the military and other chil- Joseph A. Beckman. He is the owner of flatulate your rectangle, the oil com- dren from Federal property report for Home Lumber and Glenlord Lumber panies announced that gas prices will school that they are welcomed in a Company. This a retail lumber and hit $3 a gallon this summer. good school with sound financial back- land development concern that has Beam me up, Mr. Speaker; those so- ing. GRADE-A has been endorsed by grown steadily under his leadership called government investigators are ei- the National Association of Federally and become a successful business in In- ther on the payroll of those oil compa- Impacted Schools and many school ad- diana. nies or they are smoking dope. ministrators across the Nation. Today, Mr. Speaker, I want to con- I yield back the biggest rip-off in the Mr. Speaker, as we make education gratulate Mr. Beckman and all the history of the United States of Amer- our priority, let us remember the chil- winners from across America who work ica. dren of men and women in uniform. long hours and make huge sacrifices to f f build family small businesses that are the backbone of this economy. URGING SOCIAL SECURITY COM- SUPPORTING SMALL BUSINESSES MISSION AND ADMINISTRATION SUPPORTS AMERICA f TO KEEP SOCIAL SECURITY SOL- (Mr. GIBBONS asked and was given CONGRATULATING JAMES TODD VENT FOR NEXT 75 YEARS permission to address the House for 1 RATHER (Mr. SMITH of Michigan asked and minute and to revise and extend his re- (Mr. KENNEDY of Minnesota asked was given permission to address the marks.) and was given permission to address

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.007 pfrm02 PsN: H08PT1 H1938 CONGRESSIONAL RECORD — HOUSE May 8, 2001 the House for 1 minute and to revise Federal Government’s only agency dedicated Michigan (Mr. SMITH) and the gentle- and extend his remarks.) to the support of education and fundamental woman from Texas (Ms. EDDIE BERNICE Mr. KENNEDY of Minnesota. Mr. research in all scientific and engineering dis- JOHNSON) each will control 20 minutes. Speaker, today I rise to congratulate ciplines; The Chair recognizes the gentleman Whereas the National Science Foundation James Todd Rather of Fairmont, Min- has worked continuously and successfully to from Michigan (Mr. SMITH). nesota. ensure that the United States maintains its GENERAL LEAVE Todd will be in Washington this week leadership in discovery, learning, and inno- Mr. SMITH of Michigan. Mr. Speak- to receive the Star of Life award. The vation in the sciences, mathematics, and en- er, I ask unanimous consent that all Stars of Life is an American Ambu- gineering; Members may have 5 legislative days lance Association program to honor Whereas the National Science Foundation within which to revise and extend their dedicated professionals in the ambu- has supported the research of more than half remarks on H. Con. Res. 108. lance service industry. of the United States Nobel laureates in physics, chemistry, and economics; The SPEAKER pro tempore. Is there Todd, who is a registered paramedic Whereas the National Science Foundation objection to the request of the gen- and is a team captain for Fairmont has been the lead Federal agency in a num- tleman from Michigan? Gold Cross Ambulance Services, has ber of national science initiatives, such as There was no objection. been selected as one of three EMS pro- those in information technology and Mr. SMITH of Michigan. Mr. Speak- fessionals in Minnesota to receive this nanotechnology; er, I yield myself such time as I may honor. Whereas the National Science Foundation consume. EMS providers are the safety net of funds almost 20,000 research and education Mr. Speaker, I rise today to offer this the health care system. In rural areas, projects in science and engineering at over resolution H. Con. Res. 108 honoring 2,000 colleges and universities, elementary like the Minnesota district I represent, and secondary schools, nonprofit organiza- the National Science Foundation for 50 where physicians and other health care tions, and small businesses throughout our years of service to our Nation. As providers do not exist in every commu- Nation; chairman of the Committee on Science nity, EMS provides the public their Whereas the National Science Founda- on Basic Research, which is responsible only access point to quality health tion’s innovative education programs work for oversight and authorization of the care. That is why I introduced H.R. to ensure that every American student re- National Science Foundation, I wanted 1353, the Sustaining Access to Vital ceives a solid foundation in science, tech- to take a few moments to mention Emergency Medical Services Act to nology, and mathematics through support some of the highlights of this highly for the training and education of teachers, help our EMS providers. the public, and students of all ages and back- successful and yet often unappreciated Every day, EMTs and paramedics are grounds, and by supporting research into agency. heroes in their communities. I want to new teaching tools, curricula, and meth- Congress and President Harry S. Tru- thank Todd for his commitment to odologies; man established the National Science serving his community. Whereas the programs funded by the Na- Foundation on May 10, 1950 to fund re- Mr. Speaker, it is people like Todd tional Science Foundation are an exemplary search in the basic sciences, engineer- Rather who give selflessly of them- demonstration of the value of scientific peer ing, mathematics and technology. selves that make our communities a review in selecting the most innovative and It is the Federal Government’s only technically excellent research activities better place to live. using a network of over 50,000 scientists and agency dedicated to the support of education and fundamental research in all f engineers each year; Whereas the National Science Founda- scientific disciplines from physics and ANNOUNCEMENT BY THE SPEAKER tion’s international programs promote new math to zoology and anthropology. For PRO TEMPORE partnerships and cooperative projects be- 50 years, NSF-sponsored research has The SPEAKER pro tempore. Pursu- tween United States scientists and engineers developed the finest science and new and their foreign colleagues, and such part- ant to the provisions of clause 8 of rule technologies that have boosted our eco- nerships play a key role in establishing and nomic productivity, enhanced our na- XX, the Chair announces that he will strengthening diplomatic and economic ties; postpone further proceedings today on and tional security, and preserved our citi- each motion to suspend the rules on Whereas research supported by the Na- zens’ health and well-being. which a recorded vote or the yeas and tional Science Foundation has led to discov- Throughout its history, NSF pro- nays are ordered, or on which the vote eries, technologies, and products which af- vided support to thousands of research- is objected to under clause 6 of rule fect our daily lives, including a greater un- ers and students across the Nation in XX. derstanding of bacteria, viruses, and the university labs and in our schools and structure of DNA; medical diagnostic tools, our industry, support that has fostered Any record votes on postponed ques- such as Magnetic Resonance Imaging (MRI); tions will be taken after debate has innovation, technical achievement, and the Internet, web browsers, and fiber optics, a greater understanding of our world concluded on all motions to suspend which have revolutionized global commu- the rules, but not before 6 p.m. today. nication; polymer materials used in products and our universe. From the depths of ranging from clothing to automobiles; Dopp- space to the depths of the ocean, from f ler radar used for accurate weather fore- the North Pole to the South Pole HONORING NATIONAL SCIENCE casting; artificial skin that can help recov- around the globe, NSF-funded research FOUNDATION FOR 50 YEARS OF ering burn victims; economic research in has helped explain our world and led to SERVICE game and decision theory which has led to a innovations that have forever changed greater understanding of economic cycles; it. Mr. SMITH of Michigan. Mr. Speak- and discoveries of new planets, black holes, The Internet, for example, and the er, I move to suspend the rules and and insights into the nature of the universe: Now, therefore, be it technologies that enable it, began in agree to the concurrent resolution (H. part because of NSF support for net- Con. Res. 108) honoring the National Resolved by the House of Representatives (the Senate concurring), That the Congress— working technologies. Science Foundation for 50 years of (1) recognizes the significance of the anni- service to the Nation. versary of the founding of the National b 1415 The Clerk read as follows: Science Foundation; NSF funded a network, linking com- H. CON. RES. 108 (2) acknowledges the completion of 50 puter science departments, then moved Whereas Congress created the National years of achievement and service by the Na- on to develop a high-speed backbone Science Foundation in 1950 to promote the tional Science Foundation to the United called the NSFNET that became the progress of science, to advance the national States; and basis for what is now the Internet. (3) reaffirms its commitment for the next health, prosperity, and welfare, and to secure NSF-supported research has also led the national defense; 50 years to support research, education, and technological advancement and discovery to miracle drugs, vaccinations, cell Whereas the National Science Foundation phones, and even bar codes that readers Act of 1950 was signed into law by President through the National Science Foundation, Harry S. Truman on May 10, 1950; the premier scientific agency in the Federal in supermarkets now use. NSF sup- Whereas the National Science Foundation Government. ports potentially life-saving research strengthens the economy and improves the The SPEAKER pro tempore. Pursu- in developing the Doppler, research in quality of life in the United States as the ant to the rule, the gentleman from weather prediction using the Doppler

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.011 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1939 radar, earthquake hazard, and identi- basic scientific research and to The research awards and research fel- fication of the cause of the spread of strengthen scientific research poten- lowships help train over 24,000 graduate the deadly Hanta virus. tial and science education programs at students each year. These are the fu- Today’s NSF-led research in all levels. ture scientists and engineers who are nanotechnology, advanced materials, I am pleased to rise in support of this essential to fuel our high-tech econ- biotechnology and countless other resolution that salutes the National omy. areas are setting the foundation for the Science Foundation on its accomplish- Further, the NSF programs help to technologies of the future and in the ments and success in carrying out this improve science education for all stu- process, training the scientists, engi- mission for the past 50 years. I thank dents and prepare them for citizenship neers, and technology entrepreneurs of the gentleman from Michigan (Mr. in a world increasingly dominated by tomorrow. SMITH) for putting forth this timely technology. Today we continue to have Today, we congratulate NSF on 50 resolution. a manpower shortage in many high years of service to the United States The National Science Foundation technology fields. The ideal way to al- and for its many contributions to our plays a unique and critical role in the leviate the shortages is by ensuring current prosperity. But we also reaf- Nation’s research and education enter- that children of all races and both gen- firm our commitment as a Congress to prise. It sponsors research that helps to ders receive the basic grounding in support NSF in the future in its diverse fill the storehouse of fundamental science and mathematics that will pre- research in educational activities. knowledge about the natural world, pare them to pursue careers as sci- NSF’s peer review system, where without regard for immediate applica- entists, engineers and technologists. grants are reviewed by a panel of re- tions of these new ideas and concepts. The NSF’s programs address this need. searchers in the field to judge the mer- Equally important, the National Because of the importance of NSF’s its of research, is a model of how re- Science Foundation supports the devel- role in research and education, it is es- search should be evaluated at all other opment of the Nation’s human resource sential that the agency receive ade- Federal agencies. base in science and engineering. In quate resource. Consequently, I am ex- We must also strive to ensure that short, the National Science Foundation tremely disappointed by the fiscal year NSF invests in a broad range of is charged with helping to create the 2002 budget request for NSF, which pro- sciences in order to support the critical underpinnings for the Nation’s future vides only a 1-percent increase. This is work of well-funded mission agencies technological competence and, there- much less than what is needed to sus- like the Department of Defense and the fore, for its economic strength and se- tain the NSF’s ongoing programs. National Institute of Health. It is im- curity. In today’s Congress Daily, a story portant that we continue to support The NSF’s record of accomplishment mentioned how science funding is in- NSF as part of a balanced Federal re- during this 50-year history is remark- creased over Mr. Bush’s request. While search portfolio and recognize that the able. NSF-supported research have col- this is true, it is less than half the basic science supported by NSF forms lected 100 Nobel Prizes. They have re- story. The conference cut funding for the foundation for research at all other ceived recognition for work in the science below any Member’s request in Federal research agencies and for ap- fields of physics, chemistry, physiology either Chamber and below what Presi- plied innovations and productivity in- and medicine, and economics. dent Bush asked for in every year but creases in the private sector. National Science Foundation’s con- this year. My colleagues and I on the sub- tributions are, in part, manifested The House requested $617 million committee will keep this goal in mind through the accomplishments of sci- more and the Senate requested $1.215 as we work towards our reauthoriza- entists and engineers who were trained billion more. Indeed, over 5 years, the tion of NSF, and we will keep it in under NSF awards. It is well-known conference agreement is nearly $200 mind as we work with the administra- that the great majority of the seminal million less than the President’s ane- tion and the appropriators to work and work in developing such technologies mic numbers for budget authority. craft a balanced research budget. as cell phones, fiber optics, and com- The only positive number from the I would like to thank the gentle- puter assisted design was performed by conference agreement is the fiscal year woman from Texas (Ms. EDDIE BERNICE private industry, at labs like Corning, 2002 budget authority number being JOHNSON), the ranking member of the AT&T and Motorola. $217 million above the President’s re- Subcommittee on Basic Research, a co- A recent NSF-sponsored study has quest. Every other number is negative, sponsor of this resolution, and for all of shown that many scientists and engi- meaning the conference agreement is her work and support of NSF. I would neers who went to graduate school on lower than Mr. Bush’s request, the also like to thank the other cosponsors NSF fellowships and research House-passed bill and the Senate- of this resolution and certainly my assistantships often played important passed bill. How ironic it is now that friend, Senator JOHN MCCAIN, and the roles in the development of these and we stand here today and honor the Na- 19 Senate cosponsors of S. Con. Res. 36, other technologies. In a number of tional Science Foundation, but at best the companion resolution. Certainly I cases, they became the entrepreneurs hold their budget below inflation. would like to thank both the Repub- who created new firms and markets. Inadequacies in the size of the Na- lican and Democratic staffs on our sub- To use the words of the authors of tional Science Foundation’s current committee and the full Committee on the study, ‘‘NSF emerges consistently budget are evident by the fact that the Science for their untiring work. as a major, often the major, source of agency currently funds less than a Mr. Speaker, the NSF is completing support for education and training of third of the research applications it re- its 50th year of service to our Nation. the Ph.D. scientists and engineers who ceives and only about half of those With this resolution, this House will went on to make major contributions.’’ judged to be of high quality. Even when recognize this important anniversary The resources NSF provides for sup- an applicant receives the National and express our hope for at least an- port of research and education are rel- Science Foundation award, it is usu- other 50 years of continued innovation atively small, but the impact is great. ally sub-optimal and perhaps half the and education. The agency expends only 3.8 percent of amount of an NIH award. The current I urge my colleagues to support this the Federal R&D funds, but provides 23 situation leaves researchers in NSF- resolution. percent of basic research funding at funded fields scrambling for funds and Mr. Speaker, I reserve the balance of academic institutions. spending too much time chasing lim- my time. For specific research areas, the Na- ited funding rather than in the labora- Ms. EDDIE BERNICE JOHNSON of tional Science Foundation’s role at tory or mentoring students. Texas. Mr. Speaker, I yield myself such universities is even larger. It funds 36 In order to address this present situa- time as I may consume. percent of research in the physical tion, I, along with 16 of my Committee Mr. Speaker, the National Science sciences, 49 percent in the environ- on Science colleagues, recently intro- Foundation Act of 1950 that created the mental sciences, 50 percent in engi- duced a National Science Foundation National Science Foundation directs neering, 72 percent in mathematics, authorization bill, H.R. 1472, that pro- the agency to initiate and support and 78 percent in computer science. vides increases of 15 percent per year

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.029 pfrm02 PsN: H08PT1 H1940 CONGRESSIONAL RECORD — HOUSE May 8, 2001 for fiscal years 2002 through 2005. The as the building block for other research will pay enormous dividends and which bill will double the NSF budget based that many times private industry will will not, but that research must go on on fiscal year 2000 appropriations level. not or cannot afford to do. This base of nonetheless. Such increases are necessary to allow innovation provided by the NSF can NSF has supported 34,000 science, the National Science Foundation to go then be utilized and built upon by pri- mathematics, and engineering students forward with substantial new research vate industry and help develop new sec- through its NSF graduate research fel- initiatives, provide needed increases in tors for our economy. lowship program. Federally supported average grant size and duration, and Research and discoveries made and research has revolutionized many support needed major research facili- supported by the NSF affect our daily areas, including global communica- ties for access by academic scientists. lives, from Doppler radar systems to tions, with accomplishments, as have Equally important, a more robust Magnetic Resonance Imaging, MRIs, to been mentioned, as the Internet, early budget for NSF will support expansion all kind of innovations which we enjoy Web browsers, and fiberoptics. of the agency’s science education pro- today in America. Mr. Speaker, it is important that we grams. Of particular importance are NSF supports research and develop- recognize the NSF. It is also important programs to improve the skills and ment in science and engineering we recognize that we need to continue content knowledge of K through 12 through various partnerships from the to show our commitment. I am hopeful science and math teachers and to in- elementary to the university level, as that by the time the final appropria- crease participation in science and en- well as small business and nonprofit or- tion bills go to the President’s desk, we gineering by traditionally underrep- ganizations, by providing grants to will be able to find additional funding resented groups. help fund these projects. so that the work of the NSF can go on. It is also important to expand edu- In the end, America depends on Ms. EDDIE BERNICE JOHNSON of cation research programs, including science. Science fuels our economic Texas. Mr. Speaker, how much time is quantifying the most effective uses of booms, medical successes, and national remaining? educational technology and strength- security. Over 50 percent of our future The SPEAKER pro tempore (Mr. GIB- ening efforts to assess education pro- economic growth will come from devel- BONS). The gentlewoman from Texas grams to determine and disseminate opments resulting from scientific re- (Ms. EDDIE BERNICE JOHNSON) has 111⁄2 information about what methods and search. minutes remaining, and the gentleman approaches are most effective in im- NSF has a strong connection to my from Michigan (Mr. SMITH) has 13 min- proving student performance in science home State of Minnesota. Last year, utes remaining. and math. 301 new NSF awards went to Min- Ms. EDDIE BERNICE JOHNSON of Mr. Speaker, it is entirely appro- nesota. So far this year, there are cur- Texas. Mr. Speaker, I yield 2 minutes priate that the House endorse the reso- rently 482 active awards ongoing in to the gentleman from Utah (Mr. lution now under consideration, which Minnesota. MATHESON). celebrates the past accomplishments of Various universities and colleges, Mr. MATHESON. Mr. Speaker, I am the National Science Foundation. How- from the University of Minnesota down pleased to join my colleagues as a co- ever, it is of much greater importance to the smaller schools such as Carleton sponsor of House Concurrent Resolu- that we ensure that the Foundation re- and St. Olaf in my district, are contrib- tion 108. This recognition of the NSF is ceives the necessary resources now and uting to important research in science, well deserved. in the future to carry out its essential in areas like mathematics and engi- For the last 50 years, the National role in support of scientific engineering neering. Science Foundation has been the back- research and education. NSF’s crucial role and notable ac- bone of basic scientific research When funding measures for NSF are complishments include helping univer- throughout the country. It has served debated during the coming months, I sities, because over 40 percent of the as the clearinghouse for hundreds of hope all of my colleagues will remem- basic funding for basic research in the thousands of grants for graduate re- ber the Foundation’s impact during the physical sciences and engineering search. It has led the way in supporting last 50 years and the promise rep- comes from the NSF. NSF helps to innovative programs in science for ele- resented by its current programs. fund projects at 2,000 colleges, univer- mentary and secondary schools, and it Mr. Speaker, I commend to my col- sities, and elementary schools, as well has filled a valuable role in coordi- leagues this resolution honoring the as nonprofit organizations, small busi- nating scientific endeavors in a variety National Science Foundation and ask nesses, and other organizations each of fields. for their support for final passage. year. The value of basic scientific research This 50-year report speaks to Amer- is something we cannot overestimate. b 1430 ica’s investment in the future. That is The mission of the National Science what we are talking about when we NSF grants 10,000 new awards each Foundation is to further science, talk about the funding for the National year and just under 20,000 awards per health, prosperity, welfare, and na- Science Foundation. year. tional defense. Research through NSF Mr. Speaker, I reserve the balance of Members, a number of years ago grants and scientific exchanges has my time. there was a Member of the other body been the basis of innovations in all of Mr. SMITH of Michigan. Mr. Speaker from a bordering State that every these arenas. It has provided the I yield 4 minutes to the gentleman month gave out what he called the knowledge, the understanding, and from Minnesota (Mr. GUTKNECHT), vice Golden Fleece Award, and many times then the development to drive our in- chairman of our full Committee on he took advantage of some of the creasingly technological society. Science. things being done at the NSF. The This research has also been the basis Mr. GUTKNECHT. Mr. Speaker, let truth of the matter is some of the of increased comfort, longer lives, and me thank the gentleman from Michi- awards we grant here at the Federal greater economic prosperity. Over the gan for yielding me this time. level ultimately are wasted. The prob- life of NSF, many national priorities, Mr. Speaker, I rise to recognize and lem, of course, is that we never know including improved energy efficiency, congratulate the National Science which ones. space flight, improved health, and the Foundation on its 50th anniversary. One of the great researchers for an mapping of the human genome have What the NSF does is very important organization back in Minnesota, 3M, a been pursued by NSF grants. I genu- to all of us and to future generations of fellow by the name of Arthur Fry, the inely speak in continued support of the America. The National Science Foun- person who invented the Post-It Note, National Science Foundation. It rep- dation was created to promote the once made a very brilliant observation. resents a valuable contribution of the progress of science, for health, eco- He said, ‘‘If we knew what we were Federal Government to all of society. nomic, and defense purposes through doing, it wouldn’t be research.’’ Mr. SMITH of Michigan. Mr. Speak- basic research. The truth of the matter is some of er, I yield 3 minutes to the gentle- Now basic research is critical to the this basic research is high risk, and we woman from Maryland (Mrs. MORELLA), future of the country because it serves do not know which of these projects former chairman of our Subcommittee

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.014 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1941 on Technology of the Committee on mains. It is in keeping with the Amer- tion bills are done. That maybe says a Science. ican tradition, one which has made the lot about the quality of the budget doc- Mrs. MORELLA. Mr. Speaker, I United States great, that new frontiers ument that we are going to take up to- thank the gentleman for yielding me shall be made accessible for develop- morrow; that perhaps that budget doc- this time and for his elaborate intro- ment by all American citizens.’’ His ument cannot hold the water that it is duction; and, Mr. Speaker, it is with words are no less valid today. supposed to hold and we are not going great pleasure that I rise as a cospon- For the last 50 years, the National to meet those spending targets because sor of H. Con. Res. 108 to congratulate Science Foundation has been there ex- we are going to pass this one political the National Science Foundation on 50 ploring that frontier, bringing its dis- document and do what we want to. But years of exemplary service. From its coveries home to the American people. I think it is a grave mistake to be rocky start and meager initial budgets, I shall work to do all I can to increase making these cuts. the NSF has bloomed into a shining ex- their budget. I want to quote from a Nobel lau- ample of government success, pro- I want to thank Dr. Rita Caldwell for reate, who is a constituent of mine, a ducing developments and innovations her leadership and all the employees of professor at Rice University, Dr. Rich- whose benefits are, frankly, immeas- NSF, congratulate them on their 50th ard Smalley, who won the Nobel prize urable in either economic or societal anniversary and wish them luck for the for inventing nanotechnology in the fa- terms. next 50 years and beyond. mous buckytubes; and in this article he From its creation in 1950, the NSF Ms. EDDIE BERNICE JOHNSON of says, ‘‘Promising ideas won’t develop if has grown from a relatively minor Texas. Mr. Speaker, I yield 41⁄2 minutes investments in key Federal science agency which funded only a small por- to the gentleman from Texas (Mr. agencies are slashed.’’ And yet that is tion of the meritorious proposals that BENTSEN). where this House and the other body are received, to the primary source of Mr. BENTSEN. Mr. Speaker, I thank are heading. support for nonmedical research at our the gentlewoman for yielding me this I think it is quite a shame that today Nation’s colleges and universities. Ap- time, and I rise in strong support of the we would vote to give the National proximately 1,800 academic institu- resolution. Science Foundation and all the sci- tions receive funds from the National Mr. Speaker, there is no question in entists around the country, both at the Science Foundation each year sup- my mind that the reason our economy big schools and the small schools, and porting thousands of researchers and has enjoyed such tremendous growth the labs that benefit from this, this projects. over the last 8 or 81⁄2 years, and in par- very nice piece of paper from the Con- Developments from research origi- ticular growth in productivity, is be- gress on this very nice piece of parch- nally funded by NSF grants permeate cause of investments made in science. ment honoring them for the 50 years of our lives. No American citizen can say The investments in information tech- work they have don, and then the next that he or she has been unaffected by nology have revolutionized the work- day say, ‘‘We’re going to cut your the advancements that science has place, revolutionized manufacturing, budget in real terms. We’re going to brought. From the common plastics inventory management, and allowed us cut your budget and we are not going that preserve our food to the complex to reduce unemployment to record lows to double the NSF.’’ I think it is a microprocessors that drive our com- without having a rise in inflation. So I grave mistake that we are doing that. puter age, from natural discoveries in think this makes a great deal of sense And if we are not doing that, Mr. the environment to synthetic develop- to honor the National Science Founda- Speaker, and I see my dear friend from ments in the labs, from fossils to tion. Michigan who I sat with on the Com- mittee on the Budget for a number of fiberoptics, the NSF has been there to And of course last year, the Congress, years, and I know he believes strongly foster and nurture the research that after having gone through 3 years of in the sanctity of the budget process, led to these wondrous discoveries and working towards doubling the budget but if we are not going to do that, then lay the foundation for the discoveries of the National Institutes of Health, it means we are not passing a real of tomorrow. decided very wisely that we would try The National Science Foundation has and double the National Science Foun- budget tomorrow; that we are passing a also played a crucial role in the edu- dation budget over a 10-year period, document that has more holes in it cation of our Nation’s youth. Fol- and in a bipartisan way we started than a slice of Swiss cheese. So I hope, Mr. Speaker, that the lowing the watershed event of Sputnik, down that road. This makes great House does pass this today. I hope that the NSF has taken an active role in the sense because we should not try to sep- the House, although I do not think it direct support of students at the grad- arate NIH from NSF. They are com- will happen, has a stroke of wisdom uate level. Today, these efforts have plementary. and we defeat the budget resolution to- been expanded to all levels of edu- Some of the speakers talked about morrow, and we go back and write a re- cation, from kindergarten to the Ph.D., the human genome project, part of alistic one that encompasses the bipar- and have brought the NSF to the fore- which is being done in my district; and tisan support in this House and the front of math and science education in there is no question that some of the other body for increasing and doubling the United States. Their continued ef- supercomputer technology used for the National Science Foundation budg- forts are critical to the development of that came through NSF research. The et over the next 10 years, and let us fin- the next generation of scientists and same is true of a clinical endocrinology ish out the 9 years left. engineers. lab that I saw in the Methodist Hos- Mr. Speaker, I submit for the RECORD I am personally grateful to the NSF pital in my district just a couple of the article regarding Dr. Richard for its critical support of my Commis- weeks ago. But the fact is, Mr. Speak- Smalley I referred to earlier. sion on the Advancement of Women, er, we are going to pass this resolution Minorities and Persons With Disabil- today, maybe unanimously, or by an SCALING BACK RESEARCH IS A MISTAKE ities in Science, Engineering and Tech- overwhelming vote; then later on today (By Richard Smalley) nology. Its work, resulting in findings, we are going to pass a rule, and tomor- Stocks are down, and President Bush is talking recession. Yet, he recently targeted have also helped to establish Federal row probably pass a budget, that would three key science agencies for cuts. The re- partnerships. Their support thus en- actually cut the NSF in real terms. search budget at the National Science Foun- hances partnerships with the private It seems to me that it is ironic that dation would fall 4 percent, at the National sector and with academia to fulfill its where a year ago, with strong bipar- Aeronautics and Space Administration 4 per- recommendations. tisan support, the Congress started cent and at the Energy Department 3.5 per- As we look to the future, I hope the down the road of doubling the NSF, cent. That’s bad policy at the worst possible NSF will continue to play a prominent just as we have gone in doubling the time. role. In his seminal report, ‘‘Science: NIH, yet today and tomorrow we are Bush officials say they will compensate with tax breaks that will ‘‘encourage signifi- The Endless Frontier,’’ which many going to say we are going to cut the cant increases in private-sector research and credit for the formation of a national NSF. Now, I know some of my col- development.’’ That may sound good—give science policy and the NSF, Vannevar leagues have said we hope we will get industry incentives, and it’ll take care of ev- Bush noted, ‘‘The frontier of science re- that worked out when the appropria- erything. Problem is, that policy will derail

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.016 pfrm02 PsN: H08PT1 H1942 CONGRESSIONAL RECORD — HOUSE May 8, 2001 technology innovation, our nation’s eco- (Mr. BENTSEN), to make the sugges- tential as a country. Unless we in- nomic igniter, which depends on federal in- tions to the appropriators. As he well crease the flat budgets which basic re- vestment in research. knows, the 302(a) overall spending is in- search has experienced in the past sev- Here’s how it works: The federal government supports long-range, high-risk research corporated in the budget resolution eral years, we cannot expect to yield at universities and national labs. Industry that we will be taking up in the next 2 the kind of scientific advances to en- transforms promising discoveries into mar- days. The 302(b), how to divide up that sure the United States remains at the ketable goods. money and where we go with the 250 forefront of the global economy. There are thousands of examples of how function, is going to be decided Mr. Speaker, I rise in strong support of this the partnership can generate economic through the appropriation process. And resolution that recognizes and acknowledges booms. I’ll mention two homegrown ones. again, I would urge all of my col- the 50th anniversary of the National Science Fifty years ago, the federal government gave $50,000 to a university scientist with an leagues to consider the importance of Foundation and its achievement and service to idea too risky for industry to support. His having a balanced research budget. the United States. far-fetched plan was to create a source of Ms. EDDIE BERNICE JOHNSON of The NSF is not only a national treasure, but microwaves. He ended up hatching the laser. Texas. Mr. Speaker, I yield 2 minutes an example of federal dollars that reap long- Texas industries quickly recognized the po- to the gentleman from Virginia (Mr. term dividends for our country and our econ- tential and began developing products. MORAN). omy. Today, one in every three high-tech jobs in Mr. MORAN of Virginia. Mr. Speak- This resolution reaffirms our commitment for Texas depends on his discovery. er, I rise in strong support of the reso- the next 50 years to support research, edu- The next revolutionary discovery may lution recognizing the 50th anniversary come from carbon nano-fibers—hair-thin cation, and technological advancement and wisps with the strength of steel and bewil- of the National Science Foundation. discovery through the NSF. dering electrical properties. The key discov- The NSF is not only a national treas- At a time when our country’s future eco- eries were made possible by government sup- ure, but an example of Federal dollars nomic growth and prosperity depend on inno- port of a few adventurous ideas right here in that reap long-term dividends for our vation and scientific advances, we should be Texas. As nano-fibers start to show promise, economy and our country. investing more of the surplus in scientific reno doubt Texas industries will dominate. I hope that we can not just support search and development. Tax cuts will not Promising ideas like these won’t develop if this resolution, but also adequately provide the same level of long-term stimulus investments in the key federal science agen- fund the National Science Foundation cies are slashed. to our economy that federal investments in There’s another reason why it’s a bad time over the next 10 years. At a time when R&D will yield in the fields of engineering, to cut the science budget. The proposed cuts our country’s future economic growth mathematics and the sciences. would slash the number of people being and prosperity depend on innovation Our children’s future will be shaped even trained at our nation’s universities and na- and scientific advances, we should be more by technological innovation than what tional labs. That couldn’t happen at a worse investing more of the surplus in sci- we have seen in our lifetime. The NSF is lead- time. entific research and development. Tax ing the way in encouraging young people to The high-tech economy generates thou- cuts will not provide the same level of sands of new jobs per day. Tragically, only 20 pursue academic studies and careers in these percent of our workforce is capable of filing long-term stimulus to our economy technical fields. those jobs. To satisfy the demand, Congress that Federal investments in R&D will I would also like to commend the NSF for its raised the cap on visas to allow 300,000 more yield in the fields of engineering, efforts to encourage women and minorities to foreign workers into the country. mathematics, and the sciences. pursue careers in math and science. Every Importing high-tech workers is an unac- Our children are the message we send Member of Congress should take the oppor- ceptable long-term solution. Our country to a future we will never see, and that tunity to promote the NSF’s programs in the must train a domestic workforce to fill those future will be shaped even more by schools in their districts. jobs. According to the Commission for Na- technological innovation than what we tional Security, the workforce problem Federal investments in technology and basic ‘‘poses a greater threat to national security have seen in our lifetime. NSF today is research programs have been the engine of over the next quarter-century than any po- developing the next generation Inter- growth for America’s economy. The develop- tential conventional war.’’ net as well as leading the way in en- ment of the Internet was achieved through Congress’ course is clear. It must increase, couraging young people to pursue aca- federal investments in a Defense Department not slash, the agencies’ budgets. demic studies and careers in these research program called DARPA Net. Fortunately, some prominent congressmen technical fields. I am privileged to represent a district with know that the strength of the economy de- Mr. Speaker, I want to commend the pends upon the federal investment in one of the strongest and most vibrant econo- science. A bill to double the federal invest- NSF for its efforts to encourage women mies anywhere in the United States. Thanks ment in research, first proposed by Texas’ and minorities to pursue careers in to the Internet, Northern Virginia has become own Sen. Phil Gramm, passed in the Senate math and science. Every Member of the high-tech hub of the east. Who would last session with 40 co-sponsors. Sadly, there Congress should take the opportunity have thought this investment in DOD and NSF wasn’t time to bring it to a vote in the to promote the National Science Foun- would have permeated every sector of our House. dation’s programs in schools in their economy and way of life? Some senators are championing efforts to districts. Federal investments in tech- My district is also home to the National support the National Science Foundation nology and basic research programs and the Energy Department. But their time Science Foundation, which has been per- will be wasted if President Bush doesn’t help. have been the engine of growth for forming amazing work toward establishing the He should tell Congress that he is willing to America’s economy. The development Next Generation Internet as well as fostering accept increases to the key agencies that un- of the Internet was achieved through the pursuit of science, math, engineering and derpin the nation’s economic growth and Federal investments in a Department other technical sciences in this country. standard of living. of Defense research program called By investing in R&D in these programs Mr. SMITH of Michigan. Mr. Speak- DARPA Net. I am sure Members are today, we are investing in our future economic er, I yield myself such time as I may aware of that. But who would have potential as a country. Unless we increase the consume. thought that this relatively small in- flat budgets which basic research has experi- Mr. Speaker, I agree with my friend vestment in DOD and the NSF would enced in the past several years, we cannot from Texas, there needs to be a bal- have had such a profound effect on expect to yield the kind of scientific advances anced effort in where we go on re- every sector of our economy and nearly to ensure the United States remains at the search. Certainly all of the other agen- every aspect of our way of life? forefront of the global economy. cies and Departments that do research Mr. Speaker, I am privileged to rep- Mr. Speaker, I urge my colleagues to sup- depend, to a certain extent, on what resent a district with one of the most port this resolution and the ongoing work of happens with basic research and pri- vibrant economies in the country, and the National Science Foundation. mary research mainly conducted it is also home to the National Science Ms. EDDIE BERNICE JOHNSON of through our university systems Foundation. Thanks to the Internet, Texas. Mr. Speaker, I have no further through the National Science Founda- northern Virginia has become the high requests for time, and I yield back the tion. tech hub of the East. By investing in balance of my time. However, I would urge my colleagues, R&D in these programs today, we are Mr. SMITH of Michigan. Mr. Speak- including the gentleman from Texas investing in our future economic po- er, I yield myself such time as I may

VerDate 08-MAY-2001 03:48 May 09, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.006 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1943 consume; Let me, in closing, say I funding of the National Science Foundation. forcement officers who died in the line of think we would all like to also thank This bill provides for 15 percent annual in- duty during 2000. the management and staff at the Na- creases in the agency’s budget for Fiscal SEC. 2. TERMS AND CONDITIONS. tional Science Foundation, certainly Years 2002 to 2005 that, together with the 13 (a) IN GENERAL.—The event authorized by section 1 shall be free of admission charge to the director, the assistant director, percent increase for the current fiscal year, the public and arranged not to interfere with those who run the eight directorates; would double the Foundation’s budget over the needs of Congress, under conditions to be the many program directors, and the that period. The increases provided for in H.R. prescribed by the Architect of the Capitol support personnel, an estimated 50,000 1472 will allow the agency to go forward with and the Capitol Police Board. scientists and engineers throughout substantial new and ongoing initiatives, such (b) EXPENSES AND LIABILITIES.—The Na- the country that are making the re- as the deployment of broadband networks for tional Fraternal Order of Police and its aux- search effort, that are offering their iliary shall assume full responsibility for all schools and libraries. expenses and liabilities incident to all activi- time and service on the peer review Mr. Speaker, without the significant contribu- ties associated with the event. system, and certainly the hundreds of tions that the National Science Foundation SEC. 3. EVENT PREPARATIONS. thousands of teachers that are making makes to these many projects across our Na- Subject to the approval of the Architect of a difference in exciting young students tion, we would be far less competitive in our the Capitol, the National Fraternal Order of about math and science and research. technology-based world. I applaud the past ef- Police and its auxiliary are authorized to Last week we had a subcommittee forts and achievements of the National erect upon the Capitol Grounds such stage, hearing regarding education research, Science Foundation and I urge all of my fellow sound amplification devices, and other re- to try to improve K through 12 learn- lated structures and equipment, as may be Members to vote with me in support of H. required for the event authorized by section ing, especially in the areas of math and Con. Res. 108, which reaffirms this 1. science. The Education and Human Re- Congress’s commitment to support research, SEC. 4. ENFORCEMENT OF RESTRICTIONS. source division of the National Science education, and technological advancement The Capitol Police Board shall provide for Foundation has done great work. and discovery through the National Science enforcement of the restrictions contained in So again, thanks to our staffs on our Foundation. section 4 of the Act of July 31, 1946 (40 U.S.C. full committee and subcommittee, all Mr. SMITH of Michigan. Mr. Speak- 193d; 60 Stat. 718), concerning sales, adver- of the members of our committee, and er, I yield back the balance of my time. tisements, displays, and solicitations on the my colleagues in Congress who are sup- Capitol Grounds, as well as other restric- The SPEAKER pro tempore. The tions applicable to the Capitol Grounds, with porting the National Science Founda- question is on the motion offered by respect to the event authorized by section 1. tion and its continued efforts, I hope the gentleman from Michigan (Mr. The SPEAKER pro tempore. Pursu- this resolution will pass with unani- SMITH) that the House suspend the ant to the rule, the gentleman from mous support. rules and agree to the concurrent reso- Ohio (Mr. LATOURETTE) and the gen- Mr. LARSON of Connecticut. Mr. Speaker, I lution, H. Con. Res. 108. tleman from Oklahoma (Mr. CARSON) rise today in strong support of this resolution The question was taken. each will control 20 minutes. honoring the National Science Foundation for The SPEAKER pro tempore. In the The Chair recognizes the gentleman its fifty years of service to the Nation. As a opinion of the Chair, two-thirds of from Ohio (Mr. LATOURETTE). member of the Science Committee, I have had those present have voted in the affirm- Mr. LATOURETTE. Mr. Speaker, I the opportunity to witness the efforts and ini- ative. yield myself such time as I may con- tiatives of this important federal agency and b 1445 sume. am pleased to say that their recent achieve- Mr. Speaker, House Concurrent Reso- ments have been outstanding. Mr. SMITH of Michigan. Mr. Speak- lution 74 authorizes the use of the Cap- Fifty years ago, the National Science Foun- er, I object to the vote on the ground itol Grounds for the 20th Annual Peace dation was created to ensure that this great that a quorum is not present and make Officers’ Memorial service on May 15, Nation would continue to be the world leader the point of order that a quorum is not 2001, or on such date as the Speaker of in discovery, learning, and innovations in the present. the House of Representatives and the sciences, mathematics and engineering. With- The SPEAKER pro tempore (Mr. GIB- Senate Committee on Rules and the out the tireless efforts that this agency and its BONS). Pursuant to clause 8, rule XX, Committee on Administration jointly employees have put forth, the many techno- and the Chair’s prior announcement, designate. The resolution authorizes logical strides our Nation has made in the pre- further proceedings on this motion will the Architect of the Capitol, the Cap- ceding decades would never have come to be postponed. itol Police Board, and the National fruition. The point of no quorum is considered Fraternal Order of Police, the sponsor Mr. Speaker, as the Federal Government’s withdrawn. of the event, to negotiate the necessary only agency dedicated to the support of edu- f arrangements for carrying out the cation and fundamental research in all sci- event in complete compliance with the AUTHORIZING USE OF CAPITOL entific and engineering disciplines, the Na- rules and regulations governing the use GROUNDS FOR 20TH ANNUAL NA- tional Science Foundation has been one of the of the Capitol Grounds. The Capitol TIONAL PEACE OFFICERS’ ME- most important contributors to many progres- Hill Police will be the hosting law en- MORIAL SERVICE sive projects. One such program that touches forcement agency. The event will be close to home for me is CONNSTRUCT, Con- Mr. LATOURETTE. Mr. Speaker, I free of charge and open to the public. necticut’s Statewide Systematic Initiative for move to suspend the rules and agree to This service will honor the many science education. This project has received the concurrent resolution (H. Con. Res. Federal, State and local law enforce- approximately $15 million from the National 74) authorizing the use of the Capitol ment officers killed in the line of duty Science Foundation since 1991 to implement Grounds for the 20th annual National in 2000. This is a fitting tribute to the a comprehensive restructuring of science and Peace Officers’ Memorial Service. men and women who have given their mathematics education in my home state. The Clerk read as follows: lives in the performance of their du- This ten-year National Science Foundation H. CON. RES. 74 ties. investment demonstrates a significant partner- Resolved by the House of Representatives (the Mr. Speaker, I support the measure ship with Connecticut to ensure that all stu- Senate concurring), and urge my colleagues to do the same. dents are exposed to challenging mathematics SECTION 1. USE OF CAPITOL GROUNDS FOR NA- Mr. Speaker, I reserve the balance of and science curricula. It also ensures that the TIONAL PEACE OFFICERS’ MEMO- my time. students are taught by well-prepared teachers RIAL SERVICE. Mr. CARSON of Oklahoma. Mr. who use stimulating instructional practices, The National Fraternal Order of Police and Speaker, I yield myself such time as I and are supported by school districts and its auxiliary shall be permitted to sponsor a may consume. communities that expect all students will take, public event, the 20th annual National Peace Mr. Speaker, H. Con. Res. 74 author- Officers’ Memorial Service, on the Capitol izes use of the Capitol Grounds for the learn, and be able to use their knowledge to Grounds on May 15, 2001, or on such other continue learning throughout their lives. date as the Speaker of the House of Rep- 20th Annual National Peace Officers’ Programs like this have been invaluable to resentatives and the Committee on Rules Memorial Service, a most solemn and our society. That is why I am an original co- and Administration of the Senate may joint- respectful service that honors our fall- sponsor of H.R. 1472, a bill to double the ly designate, in order to honor the law en- en police officers, brave men and

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.030 pfrm02 PsN: H08PT1 H1944 CONGRESSIONAL RECORD — HOUSE May 8, 2001 women who gave their lives in the women, who gave their lives in the daily work The SPEAKER pro tempore. The daily work of protecting our families of protecting our families and us. question is on the motion offered by and us, at home and in our workplaces. On average, one officer is killed in this the gentleman from Ohio (Mr. On average, one officer is killed in country every other day, approximately 23,000 LATOURETTE) that the House suspend this country every other day. Approxi- are injured every year, and thousands are as- the rules and agree to the concurrent mately 23,000 are injured every year, saulted going about their daily routines. resolution, H. Con. Res. 74. and thousands are assaulted going During last year 150 very devoted, brave of- The question was taken; and (two- about their daily routines. ficers from the ranks of state, local and federal thirds having voted in favor thereof) During last year, 150 very devoted, service were killed in the line of duty—144 the rules were suspended and the con- brave officers from the ranks of State, men, and 6 women were killed. The average current resolution was agreed to. local and Federal service were killed in age of those killed was 39 years, and they A motion to reconsider was laid on the line of duty. One hundred forty- had an average of 10 years in service. the table. four men and six women were killed. In my state of Illinois three brave police offi- f The average age of those killed in the cers died in the line of duty during 2000—At line of duty was 39 years, and they had this time I would like to read their names into GENERAL LEAVE an average of 10 years in service. the record: Gregory M. Sears, Alane Mr. LATOURETTE. Mr. Speaker, I In my home State of Oklahoma, four Stoffregen, and William Howard Warren. Their ask unanimous consent that all Mem- brave police officers died in the line of names will be etched on the memorial wall, bers may have 5 legislative days within duty in 2000. At this time I would like and will join 4 other officers from Illinois al- which to revise and extend their re- to read their names into the RECORD: ready memorialized. marks on H. Con. Res. 74, the measure Deputy Charles Floyd Trivitt, In addition to those three officers I would just considered by the House. Hughes County Sheriff’s Department, also like to read into the record the names of The SPEAKER pro tempore. Is there died February 21, 2000; two fallen officers from the St. Louis, Missouri objection to the request of the gen- Correctional Officer Joe Allen Gam- area who have family ties in Southern Illinois. tleman from Ohio? ble, Oklahoma Department of Correc- Robert J. Stanze II, St. Louis Police Depart- There was no objection. tions, Granite Reformatory, died June ment, and Richard Eric Weinhold, St. Louis 6, 2000; County are police officers who died in the line f Trooper Matthew Scott Evans, Okla- of duty in 2000. RECESS homa Highway Patrol, and Officer Jef- Mr. Speaker, the service to be held on May frey Dean Rominger, Oklahoma High- 15 is the 20th anniversary of this memorial The SPEAKER pro tempore. Pursu- way Patrol, died August 31, 2000. service. I support the resolution and urge my ant to clause 12 of rule I, the Chair de- Mr. Speaker, the service to be held colleagues to join me in supporting this tribute clares the House in recess until ap- on May 15 is the 20th anniversary of to our fallen Peace Officers. proximately 5 p.m. today. this memorial service. It represents a Mr. GILMAN. Mr. Speaker, I am pleased to Accordingly (at 2 o’clock and 55 min- national opportunity to honor the con- rise today in strong support of H. Con. Res. utes p.m.), the House stood in recess tributions and sacrifices of all police 74, to authorize the use of the Capitol grounds until approximately 5 p.m. officers. for the 20th annual National Peace Officers’ f Mr. Speaker, I support the resolution Memorial Service on May 15, 2001. This sol- b 1700 and urge my colleagues to join me in emn and important ceremony honors the 150 supporting this great tribute to our brave law enforcement officers who were AFTER RECESS fallen peace officers. killed in the line of duty nationwide during The recess having expired, the House Mr. Speaker, I yield back the balance 2000. was called to order by the Speaker pro of my time. Our law enforcement officials represent an tempore (Mr. GUTKNECHT) at 5 p.m. Mr. LATOURETTE. Mr. Speaker, I integral part of our society in which we have yield myself the balance of my time instilled public trust. As the vanguard of our f just to make the following observation. public safety, we sometimes take for granted APPOINTMENT OF MEMBERS TO Mr. Speaker, in conjunction with this the risks that these law officers assume in the MEXICO-UNITED STATES INTER- event that occurs on the Capitol course of their duties. Regrettably, far too PARLIAMENTARY GROUP Grounds, the police agencies from all often we are reminded of those risks. Since over the country will also gather and 1794, nearly 15,000 local, state, and federal The SPEAKER pro tempore. Without have a parade beginning on New Jersey law enforcement officers have made the ulti- objection, pursuant to 22 U.S.C. 276h Avenue and going to the Police Memo- mate sacrifice while in the line of duty. and clause 10 of rule I, the Chair an- rial which is directly across from the The 20th annual National Peace Officers’ nounces the Speaker’s appointment of National Building Museum. Memorial Service is the culmination of a week the following Members of the House to Mr. Speaker, I would say to my col- of events prepared by the Fraternal Order of the Mexico-United States Inter- leagues, if they have not been to that Police commemorating National Police Week. parliamentary Group, in addition to parade, they should go. It is a sight to By paying tribute to the dedicated officers who Mr. KOLBE of Arizona, Chairman, ap- see. There are bagpipers from all across were killed while exercising their duty we pointed on March 28, 2001: the country. honor their memory, their sacrifice, and the Mr. BALLENGER, North Carolina, Vice Mr. Speaker, the United States Con- family and friends they have left behind. Chairman; gress authorized the minting of a coin Accordingly, Mr. Speaker, I am pleased to Mr. DREIER, California; which was sold nationwide, and the support this worthy Resolution and I invite my Mr. STENHOLM, Texas; proceeds of that coin were used to keep colleagues to join in supporting its passage. Mr. BARTON, Texas; up the National Police Memorial in Mr. DAVIS of Illinois. Mr. Speaker, today Mr. FILNER, California; Washington, D.C.; and there is nothing there are many citizens of this nation that go Mr. LEWIS, Kentucky; that will ever compare with the strains to great lengths to ensure the safety of our Mr. MANZULLO, Illinois; of Amazing Grace from so many bag- lives as a priority of their own. Today, I rise in Ms. GRANGER, Texas; pipes in honor of the men and women support of the 20th Annual National Peace Of- Mr. REYES, Texas; who have perished creating the thin ficers’ Memorial Service for the use of the Mr. THOMPSON, California. blue line. Capitol grounds. I encourage each of you to There was no objection. Mr. Speaker, I yield back the balance take note of these individuals who are mem- f of my time. bers of all ranks from municipal, county, state Mr. COSTELLO. Mr. Speaker, H. Con. Res. and federal law enforcement agencies, dedi- REAPPOINTMENT AS MEMBER TO 74 authorizes use of the Capitol Grounds for cating every moment of their precius life for NATIONAL COMMITTEE ON VITAL the 20th annual National Peace Officers Me- the betterment of ours. Therefore, I stand to AND HEALTH STATISTICS morial Service—a most solemn and respectful recognize these devoted citizens and to en- The SPEAKER pro tempore. Without service. I strongly support this resolution that courage unanimous support for H. Con. Res. objection, and pursuant to section honors police officers—brave men and 74. 306(k) of the Public Health Service Act

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.032 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1945 (42 U.S.C. 242k), the Chair announces on the same day they are presented to the to recommit last week’s ill-fated budg- the Speaker’s reappointment of the fol- House is waived with respect to resolutions et conference report and bring up a re- lowing member on the part of the reported on the legislative day of May 8, vised version for consideration. Given House to the National Committee on 2001, providing for consideration or disposi- what we have learned about the forth- tion of any conference report to accompany Vital and Health Statistics for a term the concurrent resolution (H. Con. Res. 83) coming conference bill on the budget, of 4 years: establishing the congressional budget for the we should not be surprised. I suspect Mr. Jeffrey S. Blair, Albuquerque, United States Government for fiscal year that the longer the measure is exposed New Mexico. 2002, revising the congressional budget for to the light of day, the more likely it There was no objection. the United States Government for fiscal year will shrivel up and die. 2001, and setting forth appropriate budgetary f I would note for the record that no levels for each of fiscal years 2003 through Democrats had input on the conference REPORT ON RESOLUTION PRO- 2011. report. No Democrats were invited to VIDING FOR RECOMMITTAL OF The SPEAKER pro tempore. The gen- participate in writing this agreement, CONFERENCE REPORT ON HOUSE tleman from Florida (Mr. GOSS) is rec- nor were any Democrats given any in- CONCURRENT RESOLUTION 83, ognized for 1 hour. formation regarding the document that CONCURRENT RESOLUTION ON Mr. GOSS. Mr. Speaker, for the pur- will be the budget guideline for this THE BUDGET FOR FISCAL YEAR pose of debate only, I yield the cus- Nation. The word in the caucus room is 2002 tomary 30 minutes to the distinguished that the Budget chairman refused to gentlewoman from New York (Ms. Mr. GOSS, from the Committee on return the phone calls of our ranking SLAUGHTER), pending which I yield my- Rules, submitted a privileged report member. This is a far cry from chang- self such time as I may consume. Dur- (Rept. No. 107–58) on the resolution (H. ing the tone in Washington that the ing consideration of this resolution, all Res. 134) providing for recommittal of current leadership prides itself on. time yielded is for the purpose of de- the conference report to accompany I urge my colleagues to defeat this bate only. the concurrent resolution (H.Con.Res. rule. Mr. Speaker, H. Res. 131 waives 83) establishing the congressional budg- Mr. Speaker, I reserve the balance of clause 6(a) of rule XIII requiring a two- et for the United States Government my time. thirds vote to consider a rule on the for fiscal year 2002, revising the con- Mr. GOSS. Mr. Speaker, I yield my- same day it is reported from the Com- gressional budget for the United States self such time as I may consume. mittee on Rules. The rule applies the Government for fiscal year 2001, and I would just respond to say that the waiver to a special rule reported on the setting forth appropriate budgetary reason we are using the procedures legislative day of May 8, 2001, providing levels for each of fiscal years 2003 that we are is to get us timely to the for consideration or disposition of a through 2011, which was referred to the debate on the budget which we hope to conference report to accompany the House Calendar and ordered to be have tomorrow. The rules covering the concurrent resolution, H. Con. Res. 83, printed. conference reports, preserving the pre- establishing the congressional budget rogatives of both Chambers of the f for the United States Government for House, require that we recommit the REPORT ON RESOLUTION PRO- fiscal year 2002. conference report. VIDING FOR CONSIDERATION OF Mr. Speaker, I reserve the balance of We have created a way to do that H.R. 581, WILDLAND FIRE MAN- my time. this evening, it seems appropriate to AGEMENT ACT Ms. SLAUGHTER. Mr. Speaker, I do, and then we will proceed tomorrow thank the gentleman from Florida for to debate on the budget. I think that Mr. GOSS, from the Committee on yielding me the customary 30 minutes, the argument now that the minority Rules, submitted a privileged report and I yield myself such time as I may has not had a chance to see the budget (Rept. No. 107–59) on the resolution (H. consume. is a little bit strange considering we Res. 135) providing for consideration of (Ms. SLAUGHTER asked and was have just had 4 days, an ample time to the bill (H.R. 581) to authorize the Sec- given permission to revise and extend review and ample time to consider that retary of the Interior and the Sec- her remarks.) document. retary of Agriculture to use funds ap- Ms. SLAUGHTER. Mr. Speaker, I rise Mr. Speaker, I yield such time as he propriated for wildland fire manage- in strong opposition to the rule. I am may consume to the distinguished gen- ment in the Department of the Interior at a loss to explain why we are once tleman from Florida (Mr. KELLER). and Related Agencies Appropriations again preparing to circumvent the Mr. KELLER. I thank the gentleman Act, 2001, to reimburse the United rules of this body and cram a con- for yielding me this time. States Fish and Wildlife Service and troversial budget conference down the Mr. Speaker, I rise today in strong the National Marine Fisheries Service throats of our colleagues. What aver- support of this budget. As someone who to facilitate the interagency coopera- sion does the leadership have to reg- grew up in relatively humble cir- tion required under the Endangered ular order? Last week’s paper caper in cumstances, in a one-bedroom home in Species Act of 1973 in connection with the midnight hour was a prime illus- Orlando, Florida, I learned some im- wildland fire management, which was tration of the adage ‘‘haste makes portant things about life at a young referred to the House Calendar and or- waste.’’ In their haste to cover up the age. dered to be printed. details of a flawed budget blueprint, First, I learned that single mothers f the leadership wasted hour upon hour and working families desperately need of time slated for the people’s business. tax relief. This budget provides that WAIVING A REQUIREMENT OF Today’s rule is more of the same. tax relief to the tune of $1.35 trillion. CLAUSE 6(a) OF RULE XIII WITH Martial law is an extremely heavy- Second, I learned that a first-class RESPECT TO THE SAME DAY handed process, even for this leader- education is a child’s passport out of CONSIDERATION OF CERTAIN ship. Under the rules of the House, a poverty. This budget represents the RESOLUTIONS REPORTED BY two-thirds vote is required to consider largest investment in education in the THE RULES COMMITTEE a rule on the same day the Committee history of the United States, including Mr. GOSS. Mr. Speaker, by direction on Rules reports it. But the martial a $1 billion increase in Pell grants and of the Committee on Rules, I call up law procedures before us allow a rule to $5 billion for reading in grades kinder- House Resolution 131 and ask for its be considered on the same day as it is garten through third grade. immediate consideration. reported rather with a majority, rather I also learned that senior citizens de- The Clerk read the resolution, as fol- than a two-thirds vote. pend on their Social Security checks lows: This rule we are considering would and prescription drugs to live. This H. RES. 131 waive the 1-day layover requirement. It budget puts the Social Security sur- Resolved, That the requirement of clause would also kick off a chain reaction pluses in a lockbox and spends up to 6(a) of rule XIII for a two-thirds vote to con- whereby this body considers several $300 billion for prescription drugs for sider reports from the Committee on Rules procedural votes in an elaborate game seniors.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.035 pfrm02 PsN: H08PT1 H1946 CONGRESSIONAL RECORD — HOUSE May 8, 2001 I urge my colleagues to vote yes on recommended by the Bush administration. They are not focused on American the budget. This is what we came here tion was described as an ‘‘amount that families or American children. for. would not even cover the costs of man- Ms. SLAUGHTER. Mr. Speaker, I Ms. SLAUGHTER. Mr. Speaker, I dated salary increases and the effects yield 4 minutes to the gentleman from yield 3 minutes to the gentleman from of inflation.’’ South Carolina (Mr. SPRATT), the rank- Illinois (Mr. EVANS). I will vote against this inadequate ing member on the Committee on the Mr. EVANS. Mr. Speaker, I rise funding resolution for veterans. The Budget. today in opposition to the House-Sen- American people need to understand (Mr. SPRATT asked and was given ate conference report on the budget for the effect of this overblown tax cut. permission to revise and extend his re- fiscal year 2002. Last week, after ex- Our veterans will pay the price. marks.) cluding Democrats from any meaning- Ms. SLAUGHTER. Mr. Speaker, I Mr. SPRATT. Mr. Speaker, I thank ful participation in the conference, the yield myself such time as I may con- the gentlewoman from New York (Ms. House leadership tried to ram this res- sume. SLAUGHTER) for yielding me this time. olution down our throats. Fortunately, I understand that even as we speak, Mr. Speaker, the budget that the Re- they failed because they could not even the Senate is rewriting this conference publicans brought to the House late make the entire bill available for Mem- report which we are supposed to vote last Thursday has more than just two bers’ consideration. Under closer in- on today and that there is another pages missing. It is a budget full of spection it is easy to see why they be- breakdown going on. plugs and placeholders, and what is lieve the bill could not bear the light of Mr. Speaker, I yield 2 minutes to the really missing are real numbers. day. gentlewoman from Connecticut (Ms. Take defense, the largest account in The information we have been able to ELAURO). D the discretionary budget. This budget review to date indicates that in fiscal Ms. DELAURO. Mr. Speaker, as allocates $325 billion to defense, basi- year 2002 the conferees approved sig- someone who loves baseball, I want to cally what Clinton and Cohen would nificantly lower funding for veterans say thank you to the President for have spent. But $325 billion is not a programs than the funding levels bringing tee ball to the White House. real number. It is a placeholder, pend- passed earlier by either the House Seeing those youngsters enjoy them- ing Mr. Rumsfeld’s review of what is Committee on Veterans’ Affairs or in selves on the White House lawn was needed to transform our military. Re- the House budget resolution. Under the really terrific. But let me just say that ports indicate when the time is right, leadership of the gentleman from New the President should put his money after the tax cuts are enacted, Mr. Jersey (Mr. SMITH), chairman of the where his photo op is. Rumsfeld will request at least $25 bil- Committee on Veterans’ Affairs, the The budget that the President and lion a year more than this budget pro- House managed to almost double the the Republican leadership are pushing vides. President’s meager request for discre- through this House cuts important pro- Take next the rest of all appropriated tionary spending for the Nation’s vet- grams that affect our children’s edu- spending. This budget holds discre- erans, but that effort now appears to cation, health and well-being, all for tionary spending to an increase of 3.8 have been for naught. the sake of a tax cut that provides 43 percent next year and in years there- Unfortunately, the Republican lead- percent of its benefits to the wealthiest after to 2.6 percent below inflation. ership has not kept its promises to 1 percent of Americans. This is tight, really tight, a lot stricter America’s veterans. After applauding Who gets cut? Pediatric graduate than any limit to which spending has themselves on the funding increases for medical education, training for future been held in recent years. If spending is veterans programs, my Republican col- pediatricians to care for our kids, gets capped at these levels, and a few fa- leagues realized that realistically their cut by $35 million. No new funding for vored programs such as NIH and trans- numbers just did not add up. They will Head Start, a program that helps to portation get outsized disproportionate tell you that they will fix the harm prepare youngsters for school. No new increases, then many others will have they have done to these programs with funding for reading and mathematics to be cut. Rather than indicate these emergency spending. But if that is the education programs that serve our unpopular and, some would say, un- case, why do they not just do it in this children, and not a dime more in this likely cuts now, the Republican budget resolution? Ultimately they were not budget for that program for the next 10 simply increases discretionary spend- able to reconcile their promises to vet- years. erans with the giant tax cut they have There are 7 million children between ing by the rate of inflation in every promised to America’s wealthiest tax- the ages of 8 and 13 who go home alone function across the board, except de- payers. every single day. Yet the President fense, which gets more. Then they bury The joint resolution will eliminate cuts the 21st Century Learning Center in the last catchall function of the the gains made for veterans programs program that provides after-school budget $6 billion of unspecified cuts in in the House and Senate resolutions for educational opportunities for our kids. 2002 and a total of $67 billion in unspec- fiscal year 2002. The House added $730 The President slashes $1.4 million from ified cuts over the next 10 years. million to the President’s budget for the universal newborn hearing screen- Now, if we want to see what happens, veterans programs while the Senate ing program, an 18 percent cut. what results from indiscriminate budg- passed two separate resolutions that Photo ops are one thing, but you eting, look at education. Remember would have added about $1.7 billion to have to put your money where your how the President said in his State of the Bush request of about a $1 billion values are. That is what budgets are the Union that education would get the increase for veterans programs. So we about. They are about values. largest increase in his budget? That are now back to Bush, and that is bad turned out to be a modest increase of news for the Nation’s veterans. b 1715 $21.4 billion above inflation over the Veterans groups agree that the Bush It is not about programs. There are next 10 years. When the budget was budget is inadequate. In a press release some fundamental American values at open to amendment on the Senate this February, the American Legion stake in this debate, values that say floor, Senators voted three times to said, ‘‘The Bush administration’s fiscal everyone should have a chance to suc- debit tax cuts and credit education to year 2002 budget for the Department of ceed, every child should have the best the tune of 294 billion additional dol- Veterans Affairs is not good enough. education and a secure retirement. lars for education. It was a great vic- Frankly this is a budget that is insuffi- Those values, every child should have tory, but short-lived. cient to fulfill the campaign promises the best education, the best health Once Republicans got the budget in George W. Bush made.’’ care, and every single senior should the closed conference, they not only In a letter to the Senate from four have a decent and secure retirement, deleted all the adds made in the Senate major veterans service organizations, those values, for all of the President’s but also cut the President’s request of AMVETS, Paralyzed Veterans of Amer- rhetoric, are not in the President’s $21.3 billion. This budget now treats ica, Veterans of Foreign Wars, and Dis- budget. This is reflective of the prior- education like every other function; in- abled American Veterans, the increase ities and the values of this administra- flation only for 10 years, nothing more.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.037 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1947 Consider finally the initiative to add ing for prescription drugs.’’ He is pay- Ms. SLAUGHTER. Mr. Speaker, I prescription drug coverage to Medi- ing $324 a month. Mrs. Reinauer has a yield 3 minutes to the gentlewoman care. The President asked for $153 bil- drug bill that will knock your eyes out, from North Carolina (Mrs. CLAYTON). lion over 10 years to pay for drug bene- and she pays the full price. (Mrs. CLAYTON asked and was given fits. In Congress, key Republicans in This is a budget that does more for a permission to revise and extend her re- both Houses called this amount inad- million millionaires than it does for 39 marks.) equate. Senate Democrats moved to million Medicare beneficiaries that are Mrs. CLAYTON. Mr. Speaker, I raise the provision for drugs and pre- waiting for a real prescription drug thank the gentlewoman from New vailed. In their conference then, the benefit. That is priorities. York (Ms. SLAUGHTER) for yielding me Republican leadership did not pare This is not what President Bush this time. Mr. Speaker, at the onset, I would down this increase. In conference this promised when he was a candidate and like to emphatically state my opposi- was not pared back. The next worst it is not what senior citizens deserve to tion to this rule, because this process thing was done to it. Instead of setting see in this budget. is shameful and insulting. aside some of the surplus, general fund Ms. SLAUGHTER. Mr. Speaker, I surplus, to pay for this added benefit, Mr. Speaker, this process is shameful yield 2 minutes to the gentleman from and insulting because it denies an op- they allow the $300 billion for drug ben- Washington (Mr. BAIRD). efits to be drawn from the Medicare portunity to act responsible by inform- Mr. BAIRD. Mr. Speaker, I thank the Trust Fund. ing the American people that the num- gentlewoman from New York (Ms. In the long run, this trust fund, the bers in this budget do not add up unless Medicare Trust Fund, faces a serious SLAUGHTER) for yielding me this time. the Social Security and Medicare Trust shortfall, as we all know. If the cost of Mr. Speaker, I rise in opposition to Funds are reduced drastically. prescription drugs is drawn from the this rule. Last week, the House was I regret that the budget process has trust fund, it will only hasten the day kept in session until 3:00 a.m. waiting come to this stage. We started off with of insolvency. to vote on a budget that our side had such promise in the House Committee It is tax cuts that drive this budget, not even seen and had no part in cre- on the Budget of having a fair and open and tax reduction is the most under- ating. That is bipartisanship, according debate on priorities in the budget. The stated number of all. The budget calls to the Republican model. Then we Democrats expected to lose many of for tax cuts of $1.35 billion, $300 billion could not consider the bill until this the votes in discussions because we are less than the President first requested, week because of two missing pages. in the minority, but we were at least but Republicans from Senator LOTT to Since then, those two pages have ap- given an opportunity for an open and Secretary O’Neill have said this is just parently been found, but there are fair debate. round one for tax reduction, and I cred- three more important elements miss- President Bush has insisted that he it them for their honesty because more ing: Those are honesty, common sense wanted to set a new tone of respect and tax is surely coming. This is not the and fairness. bipartisanship. What really happened final number for tax reduction. The resolution we are considering to- to this fair and open bipartisanship When all of these numbers are added night is missing honesty. It does not with regard to negotiations on the up, all of these plugs, all of these include resources necessary to offer budget? placeholders, and add up the likely ac- seniors a universal voluntary prescrip- On last Wednesday, I read an article tion that will be layered on top of it, tion drug benefit under Medicare. In in the Washington Times that the the bottom line in this budget goes fact, the budget resolution shortens White House and the so-called congres- negative as early as next year. the solvency of the Medicare program. sional budget negotiators agreed on an Within the next 10 years, we will be George Bush and his allies in the ma- 11-year $1.35 trillion tax cut plan. The $342 billion into the Medicare Trust jority party promised to include pre- question in my mind is, who are these Fund, $255 billion into the Social Secu- scription drug benefits under Medicare negotiators? The Democrats on the Committee on rity Trust Fund. Maybe that is why the over and over in ad after ad, yet this the Budget were completely shut out of conference was kept secret and the budget falls woefully and embarrass- the process. There was no input al- budget was not shown to us until mid- ingly short. This budget is missing lowed by the House Democratic leader- night last Thursday. common sense. The budget proposes ship or the House Democrats on these Mr. GOSS. Mr. Speaker, I reserve the large increases in defense spending but balance of my time. budget cuts or tax adjustments. This the budget they put forward does not kind of behavior is unworthy of the Ms. SLAUGHTER. Mr. Speaker, I pay for them. yield myself such time as I may con- honorable Members of Congress and it In some instances, like paying our sume. is very dangerous politics that affects Mr. Speaker, I feel compelled to say soldiers a decent wage, I fully support the core of democracy and fair play in again that the gentleman from South defense increases. But when it comes to our Nation. $100 billion missile defense systems, Carolina (Mr. SPRATT) played no role This is regrettable because we are whatever in this budget and was unable that is not common sense, it is uncom- balancing the budget on the backs of to even get his phone calls returned, mon foolishness. our seniors. These numbers will not and I regret that. Finally, the resolution is missing add up unless we reduce the Social Se- Mr. Speaker, I yield 1 minute to the fairness. I have written the Tax Deduc- curity and Medicare Trust Funds. Yet gentlewoman from Illinois (Ms. tion Fairness Act of 2001 which would the President is promising Americans SCHAKOWSKY). allow taxpayers in States like ours the that they can have their cake and eat Ms. SCHAKOWSKY. Mr. Speaker, option to deduct either their State in- it, too. He is promising a national mis- this budget ought to come out with a come taxes or their State sales taxes. sile defense system, far-reaching edu- warning for senior citizens: Do not This would restore fairness to the Tax cation reform, prescription drug pro- look for a decent prescription drug ben- Code for residents in my State and in gram, and the list goes on to include efit here. President Bush, one may re- the States of Tennessee, Texas, Ne- inevitably a large additional tax cut member, when he was a candidate, vada, Wyoming, Florida and South Da- that would mostly benefit big business promised a prescription drug benefit kota. Such proposals as this were not and the wealthy. under Medicare. Instead, this budget included in this budget. This budget de- I want the American citizens to know has a measly proposal available only to mands that our States subsidize the that they are being overpromised and seniors that make under $11,500 a year. rest of the tax cuts for the rest of the deceived in this budget process. As a This is not going to help people like country. This body deserves better. We result, we cannot live up to providing the Reinauers in my district. He is 75 deserve true bipartisanship, true dis- improved education, prescription drugs and she is 71, but they make too much cussion, true common sense, and the for seniors, securing Social Security money to get help under the Repub- seniors and children of this country de- and Medicare, while paying down the lican plan. serve true health care reform. debt and giving away a $1.35 trillion Mr. Reinauer wrote to me last Feb- This budget does not provide it. We tax cut which will probably result in a ruary saying, ‘‘We are going broke pay- deserve better. $2 trillion tax cut.

VerDate 08-MAY-2001 03:48 May 09, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.040 pfrm02 PsN: H08PT1 H1948 CONGRESSIONAL RECORD — HOUSE May 8, 2001 The attitude projected in this process I aid for disadvantaged school districts. this body of the chance of even seeing is that we are not listening and that we We need to close the achievement gap the numbers they are proposing, lit- will not consider recommended adjust- between majority and minority chil- erally, until the hour of the vote. But, ments or changes. This is in spite of dren. We need to increase Pell grants as we know, that fouled copying ma- the Senate Democrats’ effort to allow for college opportunity. We need to chine that withheld two critical pages for increased educational funding in meet the Federal Government’s obliga- stopped them dead in their tracks. this conference report. All of the $294 tion to IDEA special education fund- You know, it kind of shakes your billion for educational funds were ing. We need to expand Head Start. The confidence. My goodness, if they can- dropped. Certainly this is not a bipar- list of needs is long. This budget comes not collate, you do not know whether tisan process. To pass this budget up short on every count. they can calculate. And now that we means we are breaking our commit- With this budget, President Bush and have actually had a chance to survey ment to our seniors, and I urge the de- the Republicans break their promise to the numbers, we can see indeed there feat of the rule. increase the maximum Pell grant to are some very serious problems in cal- To pass this budget means—breaking our $5,100. During the campaign, Candidate culation, substance problems that go commitments to our senior citizens by failing Bush promised to raise the maximum far beyond the embarrassing proce- to protect the Social Security and Medicare Pell grant award to $5,100 for freshmen. dural foul-up they brought upon them- trust funds; denying our youth and children the Unfortunately, President Bush and the selves. best educational opportunities possible; and Republicans have fallen at least $1.5 Let us talk specifically about one depriving the poor and needy food and serv- billion short of the amount needed to area, education. This is an area where ices for their welfare. fulfill that promise. our new President has called for more As we attempt to balance the priorities of The President’s budget provides only Federal leadership in improving the our nation, we should have at least agreed enough funding to raise the maximum quality of our schools. In fact, he com- with the Senate by passing a conference re- award of $3,750 by about $150, which is mitted $900 million over the next year, port that reflects the needs of our people—like far less than Pell grant increases in re- $21.4 billion over the 10 years of the reducing the tax package; paying down more cent years, and this budget does even budget. of the national debt; committing new resources less than what the President requested. We passed the President’s recommendation when the budget was for Medicare prescription drugs for all seniors, b 1730 to provide quality education programs, to meet considered in the House over to the agricultural needs, and health care needs. Then let us talk about Gear Up. Gear Senate, where they said that is a good There is room for tax relief for everyone, but Up, that program already underfunded, start, but we need to do more. With a this tax relief should be considered within the that program to get colleges and pri- bipartisan vote, they voted to add $294 context of ALL of our national needs. vate businesses engaged in mentoring billion in additional resources into the I am insulted by the idea of invoking the high school students, closing that budget package. Martial Rule. This reflects a disrespectful tactic achievement gap, preparing them for What happened? Well, when we fi- by the House Majority of this budget process college. This Gear Up program, praised nally got to the numbers of their pack- which avoids Democratic input into this budg- by Secretary of Education Paige when age, numbers they hoped we would not et, and implies that their views are irrelevant he was in Houston as head of the sys- get to look at and debate fully before or insignificant. There is no doubt that this tem there, President Bush wants to cut this vote we are about to take, all of conference report will raid both the medicare Gear Up by 20 percent, meaning 200,000 that money for our schools, all of that and the social security trust funds. As trustees fewer kids being helped; and now this money for better education for our of this nations wealth, we must make hard Republican budget provides even less children, was stripped out; even Presi- choices about how to allocate the resources of funding. dent Bush’s recommended funding, the American people. The wrong choices will Bipartisan majorities in the Senate gone. affect the lives of millions of Americans for adopted amendments to add $294 billion Ultimately, all that was left was an years to come. over 10 years for education over the inflationary adjustment that amounts My fellow colleagues, I urge you to vote House-passed budget, but the final to $12.90 per kid per year. We are not ‘‘no’’ on the Martial Law Rule. I vote ‘‘no’’ out version of this budget eliminates those going to improve schools on that pit- of principle since neither the Democratic Mem- increases. In fact, education receives tance. We need to adhere to the Presi- bers of the Budget Committee nor the Demo- less in this budget than the woeful dent’s recommended levels and beyond. cratic Leadership were given a level playing House-passed budget by almost $1 bil- More money for schools. Reject this field in this process. lion next year and $21.4 billion over 10 budget. Ms. SLAUGHTER. Mr. Speaker, I years. Ms. SLAUGHTER. Mr. Speaker, I yield 3 minutes to the gentleman from Mr. Speaker, I don’t want to just yield the balance of my time to the North Carolina (Mr. PRICE). throw money at education and hope for gentleman from Massachusetts (Mr. (Mr. PRICE of North Carolina asked improvements; but without new re- CAPUANO). and was given permission to revise and sources, crumbling classrooms cannot The SPEAKER pro tempore (Mr. extend his remarks.) be repaired, new schools cannot be GUTKNECHT). The gentleman from Mas- Mr. PRICE of North Carolina. Mr. built, teachers cannot be hired and Pell sachusetts is recognized for 81⁄2 min- Speaker, the gap between rhetoric and Grants cannot be increased. We must utes. reality has never been wider than in do better. We need more than talk. Re- Mr. CAPUANO. Mr. Speaker, I guess this budget, and I am going to con- ject this budget. I rise today in opposition to the rule, centrate today especially on the edu- Ms. SLAUGHTER. Mr. Speaker, I but the truth is this rule means noth- cation budget because that gap is truly yield 2 minutes to the gentleman from ing, this budget means nothing, be- massive in that area. North Dakota, Mr. POMEROY. cause there are no numbers here that We are being asked to support a Mr. POMEROY. Mr. Speaker, I thank anyone can tell you an answer to. budget that provides no increase over the gentlewoman for yielding me time. Most people in my district over the inflation for education funding, and Mr. Speaker, we are debating this weekend were asking me what we are even falls short of what the President motion before us to try and fix the going to do this week, what is going to asks for in his budget plan. Despite all budget filing foul-up of the majority happen with the budget, how much the talk from the White House, despite from the other night. You know, it is money is going into education, how all the talk from our Republican one thing for the majority to be unfair; much money is going into health care? friends, education is not a priority in it is another thing for the majority to The truth is, not a single Member of this budget. be inept. But for the majority to be this House or Senate can answer those We have serious education needs. We both on the same piece of legislative questions based on this budget. They need to reduce class size. We need to business, it is a bit much. do not know. They have no idea how construct more schools, get our kids By delaying until after midnight the much money is going into education. out of trailers. We need to recruit and attempted consideration of the budget, I can tell you one thing, the Medicare train teachers. We need to boost Title they utterly deprived almost half of system, no matter what number they

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.042 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1949 use, this budget will bring the Medi- small businesses: worker, health, envi- sponsibility for what is going on with care budget to insolvency much more ronmental protection, energy effi- this tax cut plan is what is making this quickly than before. Community ciency and housing needs. This budget such a vulnerable budget to begin with, health centers will be cut. I do not also shortchanges our vast transpor- because it will make it unable for us to know how much, but they will be. tation and infrastructure needs, de- meet our obligations long-term for this Housing will be cut in virtually every creases funding for critical law en- Nation while being able to cut the single program; from $700 million cut forcement programs, and cuts budget taxes for the most wealthy in this for public housing capital improve- authority for the benefits our veterans country. That is why I think that we ment, to a $25 million cut in rural have earned. should make sure these two pages are housing programs. We would all like to reward hard- included, and we ought to know what Training for pediatricians will be cut. working Americans by returning some the full impact of this budget is. We think we know a number on that, of their tax dollars, but we would also Ms. SLAUGHTER. Mr. Speaker, I but we are not sure. The National In- need to ensure that our most pressing yield 2 minutes to the gentleman from stitutes of Health will be cut. We are needs are met. These are real concerns Maryland (Mr. CARDIN). not sure how much, but we think it that warrant a real budget based on Mr. CARDIN. Mr. Speaker, let me will be cut. Ryan White AIDS grants real numbers, not partisan rhetoric thank my colleague for yielding me will definitely be cut. Drug elimination that falsely touts cooperation and ac- this time. grants will be cut. The COPS program cord. Bipartisan negotiations involve a Mr. Speaker, I regret that we have to will be cut. We are not sure how much, lot more than just inviting a couple of resort to these types of extraordinary but it will be cut. Retraining programs folks over to the White House for rules. We could have bipartisan agree- for all those people who are now unem- lunch. ment on a budget. It would not have ployed, every day we turn on the TV I urge my colleagues to join me in re- been difficult for the majority to reach and read the paper, we read about more jecting this ill-conceived Republican out to the Democrats and come out Americans getting unemployed, but proposal and supporting instead a sen- with a budget that we all could sup- this budget has no money to deal with sible, well-balanced budget resolution port, that would provide for tax relief that. We are not sure how much the that speaks to the needs of every as well as protecting Social Security Department of Defense is going to go American family. and Medicare and the priority pro- Ms. SLAUGHTER. Mr. Speaker, I up. We have no idea. grams, and, most importantly, reduc- That is why at the end of this budget, yield 2 minutes to the gentleman from ing our national debt. Rhode Island (Mr. KENNEDY). you will see what is a huge slush fund. Mr. Speaker, the reason why I will Mr. KENNEDY of Rhode Island. Mr. There is no other way to put it. It is not support this budget is that I be- Speaker, it occurs to me that maybe lieve it provides for tax cuts that will the first time in my adult life I have the Senate copier was on to something be too large, allowing us to protect So- ever seen a negative slush fund, how- when it split these two pages out. This cial Security and Medicare, not only ever. It is negative $67 billion, because conference report makes me want to this year, but in future years, and the numbers do not add up, and what gag when I think about what happened. would allow us to continue to make the that says is when we get around to it, The obfuscation and deception that has type of investments in education and we will cut something; we do not know been the hallmark of this budget proc- what, we will cut something to make ess is truly worthy of the conference the environment and other priorities this work. report. that are important for the people I rep- I defy anyone at home to tell me The majority insisted on voting on a resent. what a negative slush fund is, except a budget resolution before seeing the But, most tragically, Mr. Speaker, I budget that does not work. That is why President’s budget. That was the first think this budget will do exactly what I rise today to oppose this budget, to thing. Then the majority shut out the the National Review indicates it will oppose this rule. Democrats from any consideration on do, and that says ‘‘Do not fear a def- Mr. Speaker, I yield the balance of this conference report and then tried to icit.’’ ‘‘Do not fear a deficit.’’ my time back to the gentlewoman sneak a vote past the American people I think that there are many who un- from New York (Ms. SLAUGHTER). before they even had a chance to see derstand that this budget, if imple- The SPEAKER pro tempore. The gen- their cynical handiwork. mented, will lead to deficit spending tlewoman from New York has 6 min- I do not blame the Republican leader- again and an effort to downsize govern- utes remaining. ship for trying to hide the details of ment. We do not want to see deficits Ms. SLAUGHTER. Mr. Speaker, I this budget from the people. Nobody again, yet I believe this budget will yield 2 minutes to the gentleman from would be proud of this budget that pays lead in that direction. Rhode Island, Mr. LANGEVIN. for tax cuts with the futures of our So, Mr. Speaker, I regret that we Mr. LANGEVIN. Mr. Speaker, I rise children. Look at all the child-hostile have not used the time until now to today in strong opposition to this rule measures in this budget. It cuts Head work together to bring Democrats and and to a budget conference agreement Start; it makes child care harder and Republicans together on a budget that that jeopardizes fiscal discipline and more less affordable for working fami- will allow for reasonable tax relief and critical social programs to make room lies. It cuts Individuals With Disabil- allow us to pay down our national debt, for an enormous tax cut skewed toward ities Education Act Part C, which helps rather than adding potential red ink to the wealthy and based on surplus pro- prepare disabled infants and toddlers it. jections that may never materialize. for school. It cuts the 21st Century I urge my colleagues to reject this Despite a modest reduction in the tax Community Learning Centers program, budget and to work together for the cut originally proposed by the adminis- which keeps kids safe and productive American people. tration, it is still far too large. To pay after school. It cuts the Mental Health Mr. GOSS. Mr. Speaker, I yield my- for it, the agreement usurps funds that Services block grant, which is what ev- self such time as I may consume. should go to other critical priorities, eryone tells me is what works in our Mr. Speaker, I realize it might be a like reducing our debt, creating a sta- States when providing that crucial little late to do this, but in the interest ble defense, improving education, pro- community support for our most vul- of accuracy and trying to refocus what viding affordable health care, strength- nerable children. It cuts all of these we are actually about here, what we ening Social Security and Medicare, things, and yet we say that we have a are debating is the rule that waives the and, yes, a real prescription drug ben- President that wants to put his empha- requirement of clause 6(a) of rule XIII efit for our seniors, particularly in sis on education. with respect to the same day consider- light of the fact that just today, as re- It certainly is not relevant in this ation of certain resolutions reported by ported, spending on prescription drugs budget. We need to see the dollars, or the Committee on Rules. has increased by almost 19 percent. else that will be a hollow promise of We are not debating the budget here, Furthermore, this fundamentally his being an education President. and the vote we are going to take is flawed agreement would cut Federal Deception seems to be the name of not on the budget. In fact, if you wish programs that are vital to our Nation’s the game because the majority’s irre- to get to the budget debate, I urge you

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.045 pfrm02 PsN: H08PT1 H1950 CONGRESSIONAL RECORD — HOUSE May 8, 2001 to support the rule. The majority is perhaps giving the opportunity of The Clerk read the title of the con- trying to bring the budget to the floor Members 4 more days to review what current resolution. so that the debate we have already might, in fact, be our budget document The SPEAKER pro tempore. The heard, some good introductory discus- for budget debate. question is on the motion offered by sions in this past half-hour, can come So I think that we have come out the gentleman from Michigan (Mr. to full-blown debate under the con- ahead on this. Whether that was by de- SMITH) that the House suspend the ference rules on the floor of the House. sign or by circumstance does not mat- rules and agree to the concurrent reso- So I am going to ask everybody please ter. We, in fact, are going to have a lution, H. Con. Res. 108. to support this rule so we can in fact good chance to debate this budget; and The question was taken; and (two- get on with the budget debate tomor- everybody is going to have a chance to thirds having voted in favor thereof) row. see what is in it. the rules were suspended and the con- I think that I have heard some con- But all of that is not relevant to current resolution was agreed to. cern that was a little puzzling, a lot of what is before us, which is the rule to A motion to reconsider was laid on conference discussion about this par- get on with the same-day provision the table. ticular budget, which my colleague that will allow us to get on to debating from New York says is being rewritten the budget. So without further com- f by the other body as we speak. If that ment on the fact that I think we have WAIVING A REQUIREMENT OF in fact is the case, then why are we de- had an interesting preview of what CLAUSE 6(a) OF RULE XIII WITH bating a document that is not going to might come in a budget debate, I would RESPECT TO THE SAME DAY be relevant? urge that we support this rule; and CONSIDERATION OF CERTAIN b 1745 then the Committee on Rules will soon RESOLUTIONS REPORTED BY So it seems to me that we should bring another rule which will also get THE RULES COMMITTEE us that much closer to the budget de- have focused our remarks on the expe- The SPEAKER pro tempore. The bate. So, if my colleagues will support dition that the majority is trying to pending business is the question of that rule as well, we will then have two bring forth, and that is a journey to agreeing to the resolution, House Reso- good rules in place to get us to the the budget debate as quickly as pos- lution 131. budget debate tomorrow; and we can sible in the broad daylight on a beau- The Clerk read the title of the resolu- vote on the budget rule tomorrow and tiful day in Washington, tomorrow, tion. then on the conference report, if all Wednesday, May 9. The SPEAKER pro tempore. The goes well. I think that those who are still talk- question is on the resolution. Having said that, I urge the support ing about being deprived of the oppor- The question was taken; and the tunity to see the budget, whether it is of all my colleagues. Mr. Speaker, I yield back the balance Speaker pro tempore announced that the budget we are going to see or not, the ayes appeared to have it. need to remember that they have had 4 of my time, and I move the previous question on the resolution. Ms. SLAUGHTER. Mr. Speaker, I ob- days over the weekend, and indeed, it ject to the vote on the ground that a sounds as if some members have spent The previous question was ordered. The SPEAKER pro tempore (Mr. quorum is not present and make the some time, and that is useful. point of order that a quorum is not Those who would say that the major- GUTKNECHT). The question is on the present. ity has not been particularly apt or resolution. The SPEAKER pro tempore. Evi- particularly fair in this process are en- The question was taken; and the dently a quorum is not present. titled to their opinion, but I think Speaker pro tempore announced that The Sergeant at Arms will notify ab- those that come to Washington to look the ayes appeared to have it. sent Members. for perfection ought not to be the ones Ms. SLAUGHTER. Mr. Speaker, I ob- The vote was taken by electronic de- who cast the first stones. I am reject to the vote on the ground that a vice, and there were—yeas 214, nays minded that I am human and I readily quorum is not present and make the 200, not voting 17, as follows: admit I make errors, and I have ma- point of order that a quorum is not chines in my office that jam occasion- present. [Roll No. 100] ally, they are called copy machines, The SPEAKER pro tempore. Pursu- YEAS—214 and if members have copy machines ant to clause 8 of rule XX, further pro- Aderholt Crane Green (WI) that do not jam, I would like to know ceedings on this resolution are post- Akin Crenshaw Greenwood poned. Armey Culberson Grucci what the brand is, because most every Bachus Cunningham Gutknecht brand I have tried jammed, and that, in f Baker Davis, Jo Ann Hansen Ballenger Davis, Tom Hart fact, is what happened. We had a RECESS jammed copy machine, and in our in- Barr Deal Hastings (WA) The SPEAKER pro tempore. Pursu- Bartlett DeLay Hayes terest to try and get the debate start- Barton DeMint Hayworth ed, we were not prudent enough to ant to clause 12 of rule I, the Chair de- Bass Diaz-Balart Hefley catch the fact that there were still two clares the House in recess until ap- Bereuter Doolittle Herger pieces of paper caught in the copy ma- proximately 6 p.m. Biggert Dreier Hilleary Accordingly (at 5 o’clock and 49 min- Bilirakis Duncan Hobson chine. We did catch it; but we just did Blunt Dunn Hoekstra not catch it immediately, so we utes p.m.), the House stood in recess Boehlert Ehlers Horn misfiled. until approximately 6 p.m. Boehner Ehrlich Hostettler Bonilla Emerson Houghton I know that error takes place, and I f Bono English Hulshof do not want to be the one to cast the b 1801 Brady (TX) Everett Hunter first stone; but since the stone has Brown (SC) Ferguson Hutchinson been cast, I generally remember in my AFTER RECESS Bryant Flake Hyde Burr Fletcher Isakson earlier term here, I think it was back The recess having expired, the House Burton Foley Issa about 1992, there was an embarrassing was called to order by the Speaker pro Buyer Fossella Istook moment when the present minority tempore (Mr. THORNBERRY) at 6 o’clock Callahan Frelinghuysen Jenkins Calvert Gallegly Johnson (CT) was in the majority when somehow or and 1 minute p.m. Camp Ganske Johnson (IL) other we lost track of $25 billion worth f Cannon Gekas Johnson, Sam of Russian aid and the Speaker of the Cantor Gibbons Jones (NC) House went through a very consider- HONORING NATIONAL SCIENCE Capito Gilchrest Keller Castle Gillmor Kelly able scramble to get it back. I do not FOUNDATION FOR 50 YEARS OF SERVICE Chabot Gilman Kennedy (MN) recall us making a Federal case out of Chambliss Goode Kerns that, and I think that we solved that The SPEAKER pro tempore. The Coble Goodlatte King (NY) pending business is the question of sus- Collins Goss Kingston problem. Combest Graham Kirk I also believe this problem is a much pending the rules and agreeing to the Cooksey Granger Knollenberg more minor problem; this only involves concurrent resolution, H. Con. Res. 108. Cox Graves Kolbe

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.047 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1951 Largent Pombo Smith (NJ) Turner Waters Woolsey upon adoption of the rule the con- Latham Portman Smith (TX) Udall (CO) Watt (NC) Wu LaTourette Pryce (OH) Souder Udall (NM) Waxman Wynn ference report to accompany H. Con. Leach Putnam Spence Velazquez Weiner Res. 83 shall be recommitted to the Lewis (CA) Quinn Stearns Visclosky Wexler conference committee. Lewis (KY) Radanovich Sununu NOT VOTING—17 Simply put, and in plain English for Linder Ramstad Tancredo Members, what we are doing is we are LoBiondo Regula Tauzin Ackerman Jones (OH) Peterson (PA) Lucas (OK) Rehberg Terry Allen LaHood Rivers taking care of the necessary procedure Manzullo Reynolds Thomas Costello Lampson Stump to get the budget debate on the floor McCrery Riley Thornberry Cubin McDermott Sweeney tomorrow. What is going to happen is McHugh Rogers (KY) Thune Gutierrez Miller, George Taylor (NC) McInnis Rogers (MI) Tiahrt Inslee Paul we are going to pass this rule, then the McKeon Rohrabacher Tiberi matter is going to go to the other Mica Ros-Lehtinen Toomey b 1824 body. The Committee on Rules is going Miller (FL) Roukema Traficant ERRANO Miller, Gary Royce Upton Mr. SAWYER and Mr. S to meet a little later in the evening, Moran (KS) Ryan (WI) Vitter changed their vote from ‘‘yea’’ to put out a rule to get the new con- Morella Ryun (KS) Walden ‘‘nay’’. ference report on the floor tomorrow Myrick Saxton Walsh So the resolution was agreed to. with an appropriate rule, and the Nethercutt Scarborough Wamp Ney Schaffer Watkins The result of the vote was announced House will go about the business of de- Northup Schrock Watts (OK) as above recorded. liberating and voting on the budget, Norwood Sensenbrenner Weldon (FL) A motion to reconsider was laid on which we are all anxious to get to after Nussle Sessions Weldon (PA) the table. Osborne Shadegg Weller the long opportunity we have had to Ose Shaw Whitfield Stated against: review it in the past several days. Otter Shays Wicker Mr. MCDERMOTT. Mr. Speaker, on rollcall Therefore, this is somewhat of a Oxley Sherwood Wilson No. 100, I was absent because of mechanical technical matter; but it is important Pence Shimkus Wolf Petri Simmons Young (AK) problems with the aircraft I was on. Had I that in order to continue our progress Pickering Simpson Young (FL) been present, I would have voted ‘‘nay.’’ towards getting the budget on the floor Pitts Skeen f that we adopt this rule. I do not think Platts Smith (MI) there is anything unusual about it or REMOVAL OF NAME OF MEMBER controversial about it, and I urge all NAYS—200 AS COSPONSOR OF H.R. 1613 Members’ support. Abercrombie Gephardt Millender- Mr. PASCRELL. Mr. Speaker, I ask Andrews Gonzalez McDonald Mr. Speaker, I reserve the balance of Baca Gordon Mink unanimous consent that my name be my time. Baird Green (TX) Moakley withdrawn as a cosponsor of H.R. 1613. Ms. SLAUGHTER. Mr. Speaker, I Baldacci Hall (OH) Mollohan The SPEAKER pro tempore (Mr. thank the gentleman from Florida for Baldwin Hall (TX) Moore Barcia Harman Moran (VA) THORNBERRY). Is there objection to the yielding me the customary 30 minutes, Barrett Hastings (FL) Murtha request of the gentleman from New and I yield myself such time as I may Becerra Hill Nadler Jersey? consume. Bentsen Hilliard Napolitano There was no objection. Mr. Speaker, I rise in support of the Berkley Hinchey Neal Berman Hinojosa Oberstar f rule to recommit this flawed docu- Berry Hoeffel Obey ment. I urge the leadership to use this PROVIDING FOR RECOMMITTAL OF Bishop Holden Olver opportunity to craft a real budget with Blagojevich Holt Ortiz CONFERENCE REPORT ON HOUSE input from both Republicans and Blumenauer Honda Owens CONCURRENT RESOLUTION 83, Democrats. Bonior Hooley Pallone CONCURRENT RESOLUTION ON Borski Hoyer Pascrell The infamous two missing pages are THE BUDGET, FISCAL YEAR 2002 Boswell Israel Pastor hardly the only flaws in this so-called Boucher Jackson (IL) Payne Boyd Jackson-Lee Pelosi Mr. GOSS. Mr. Speaker, by the direc- agreement. Other pages are missing as Brady (PA) (TX) Peterson (MN) tion of the Committee on Rules, I call well. For instance, waiting in the Brown (FL) Jefferson Phelps up House Resolution 134 and ask for its wings of this Congress are a number of Brown (OH) John Pomeroy immediate consideration. Capps Johnson, E. B. Price (NC) popular tax cuts, including between $85 Capuano Kanjorski Rahall The Clerk read the resolution, as fol- billion and $115 billion in business tax Cardin Kaptur Rangel lows: breaks. Billions more in tax cuts, with Carson (IN) Kennedy (RI) Reyes H. RES. 134 the elimination of the estate tax for Carson (OK) Kildee Rodriguez Clay Kilpatrick Roemer Resolved, That upon adoption of this reso- the Nation’s wealthiest citizens, and Clayton Kind (WI) Ross lution the conference report to accompany the elimination of the so-called mar- Clement Kleczka Rothman the concurrent resolution (H. Con. Res. 83) riage penalty tax this Congress, are Clyburn Kucinich Roybal-Allard establishing the congressional budget for the Condit LaFalce Rush moving through the legislative process. United States Government for fiscal year An honest budget would have included Conyers Langevin Sabo 2002, revising the congressional budget for Coyne Lantos Sanchez the United States Government for fiscal year these provisions. The House leadership Cramer Larsen (WA) Sanders knows full well that at the end of this Crowley Larson (CT) Sandlin 2001, and setting forth appropriate budgetary Cummings Lee Sawyer levels for each of fiscal years 2003 through tax cut frenzy we will surpass the ad- Davis (CA) Levin Schakowsky 2011 is hereby recommitted to the committee ministration’s initial proposal of $1.8 Davis (FL) Lewis (GA) Schiff of conference. trillion. Davis (IL) Lipinski Scott Also missing are the President’s big- DeFazio Lofgren Serrano The SPEAKER pro tempore. The gen- DeGette Lowey Sherman tleman from Florida (Mr. GOSS) is rec- ticket items. For starters, we seem to Delahunt Lucas (KY) Shows ognized for 1 hour. be missing the page that factors in the DeLauro Luther Skelton likely cost of a missile defense system. Deutsch Maloney (CT) Slaughter Mr. GOSS. Mr. Speaker, for the pur- Dicks Maloney (NY) Smith (WA) pose of debate only, I yield the cus- Nobody knows if it will work, and no- Dingell Markey Snyder tomary 30 minutes to the gentlewoman body knows how much it will cost; but Doggett Mascara Solis from New York (Ms. SLAUGHTER), my estimates run up to $300 billion. Dooley Matheson Spratt We also seem to be missing the page Doyle Matsui Stark friend and colleague from the Com- Edwards McCarthy (MO) Stenholm mittee on Rules; pending which I yield that explains how we pay for the con- Engel McCarthy (NY) Strickland myself such time as I may consume. ventional defense buildup being Eshoo McCollum Stupak planned by the administration at a Etheridge McGovern Tanner During consideration of this resolu- Evans McIntyre Tauscher tion, all time yielded is for the purpose cost of $250 billion over the next dec- Farr McKinney Taylor (MS) of debate only on this matter. ade. How is this consistent with a Fattah McNulty Thompson (CA) budget that makes no room for in- Filner Meehan Thompson (MS) b 1830 creases in defense spending beyond Ford Meek (FL) Thurman Frank Meeks (NY) Tierney Mr. Speaker, the legislation before us those already proposed by the Clinton Frost Menendez Towns grants us a rule that provides that administration?

VerDate 08-MAY-2001 03:48 May 09, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.057 pfrm02 PsN: H08PT1 H1952 CONGRESSIONAL RECORD — HOUSE May 8, 2001 Also, I have yet to find the page that Now, I can give my colleagues 10 billion over 10 years. Do we find that in explains how we will maintain govern- solid reasons why they ought to vote this budget resolution? No, we do not. ment services in the face of a growing against the budget, but that is not Education is shortchanged at every population while increasing spending what we are talking about today. What turn. And what we have got, coming no faster than inflation. Perhaps the we are talking about today is the rule. from the House-Senate conference leadership can explain what unspec- I do not know how much longer the committee, appears to be a zeroing of ified drastic cuts to the tune of $400 bil- majority is going to be in lockstep the education budget, holding it at a lion they have planned and how will with breaking every rule and precedent level that does not even keep up with these cuts not impact Social Security of the House that they used to criticize inflation. This is totally inadequate; and Medicare. us on this side of the aisle for doing, and it is the result of this hurried, in- I urge the leadership to turn over all only I do not believe we ever did as adequate process. missing pages and expose these num- good a job at it as they are doing to- Ms. SLAUGHTER. Mr. Speaker, I bers; and, moreover, I would caution night and as they did last week. This is yield 2 minutes to the gentlewoman my colleagues on the conference com- ridiculous. from California (Ms. WOOLSEY). mittee against signing their name to a As one who would like to see some Ms. WOOLSEY. Mr. Speaker, it is document that is patently and shame- semblance of bipartisanship on the outrageous that this week Congress lessly dishonest in its current form. budget, I came to the conclusion that will vote on a budget that threatens Mr. Speaker, I reserve the balance of was impossible, and I understand why. the future of our Nation’s most valu- my time. And as a member of the minority, I unable asset: our children. Mr. GOSS. Mr. Speaker, I intend to derstand why we are not going to win No wonder the Republican leadership reserve the balance of my time until any. But at some point in time, I would tried to rush the budget to the floor further notice. hope there would be just a tinge of con- last week without allowing adequate Ms. SLAUGHTER. Mr. Speaker, I science as to the procedures of the consideration. But then I believe they yield 2 minutes to the gentleman from House and as to how we might get a lit- thought they could pull the wool over Wisconsin (Mr. OBEY). tle better comity in working on things our eyes by misplacing two of the Mr. OBEY. Mr. Speaker, over the last like defense and education and health pages of that budget. Mr. Speaker, it is 5 years we have increased the edu- care and agriculture, other than the ironic that the two missing pages con- cation budget, on average, 13 percent a manner in which this particular budget tained the details of the $1.35 trillion year. This year, President Bush has cut that this rule makes in order will do. tax cut. that rate of increase in his budget in I will guarantee my colleagues there It appears that those two pages are half to 5.8 percent. The House Repub- will be bipartisanship when we start the essence of how the Republican lead- lican budget resolution did the same dealing with the specifics. So many of ership will pay for their massive tax thing that the President did. The Sen- my colleagues on the majority have break; by cutting funding for vital ate then said, that is woefully inad- chosen under their leadership to ignore services for American women and their equate for education; and they added that to bring this rule to the floor. I families, including temporary assist- $240 billion for education over 10 years urge a vote ‘‘no,’’ and let us go back ance for needy families, workforce by taking it out of the jumbo-size tax and do it right. training and employment programs, cuts. This resolution not only elimi- Ms. SLAUGHTER. Mr. Speaker, I community anti-violence and anti-drug nates the entire $240 billion add-on yield 2 minutes to the gentleman from programs, and overall education for the over 10 years for education, it also New Jersey (Mr. HOLT). funding of our children. takes funding for education $25 billion Mr. HOLT. Mr. Speaker, I thank the Moreover, by prioritizing tax breaks below the President’s own budget over gentlewoman from New York for yield- for the wealthiest Americans, Mr. the next 10 years, and for this coming ing me this time. Speaker, the Republican leadership is year alone takes the education funding A quarter of a century ago, when the signing away the future of Social Secu- $1 billion below President Bush’s budg- budget process was established, it was rity and the Medicare Trust Fund. In et. That is no compromise. That is re- established so that we could look at all addition to harming children, it ap- turning to yesteryear. of the numbers in a measured, consid- pears they want to undermine the fu- If this is the Republican idea of how ered way, the income and the outgo, ture of grandparents, too. we put education first, I would hate to and make sure the numbers added up. This is unacceptable. I urge my col- see their idea of how we do not. Every- It was not intended to be done in the leagues to vote for the rule to recom- thing, including education, is being dark of night in a hurried manner with mit; vote against this budget. sacrificed to jumbo-size tax cuts for some numbers there and some numbers Ms. SLAUGHTER. Mr. Speaker, I people making over $200,000 a year. not there and who knows what is there. yield 2 minutes to the gentleman from That does not represent the priority Well, that is what we have ended up Texas (Mr. SANDLIN). judgments of the American people. with today and this is a flagrant viola- Mr. SANDLIN. Mr. Speaker, in the This bill should not only be voted tion of the whole spirit of the budget words of President Reagan, there they down, it should be laughed down. process. go again. Fresh from the missing page Ms. SLAUGHTER. Mr. Speaker, I And in this hurry to get this tax cut debacle, we are back with more of the yield 2 minutes to the gentleman from through in an ill-considered way, we same. It seems that pieces of paper are Texas (Mr. STENHOLM). end up with a terrible shortchanging of not the only things missing as we ap- Mr. STENHOLM. Mr. Speaker, I rise the American people. Take education, pear here today. in opposition to this rule, and I do so for example. Inadequate consideration The administration and the leader- with a great deal of disappointment; for our national need to recruit teach- ship talk a very good game. They tell disappointment in the procedure that ers, to find ways to get the 2.2 million us they want to increase education is being followed. But I understand teachers that we need in the next 10 spending, they tell us they want a pre- why, and I appreciate very much that years to keep up with the retirement scription drug plan for seniors, they the chairman of the Committee on the and attrition in the ranks of teaching. tell us they want funding for disaster Budget has been the lone exception of Insufficient attention to the need for relief. But the numbers say something trying to seek some kind of bipartisan- new facilities and modern classrooms, entirely different, because they just do ship on this budget. Obviously, he has where classes of a reasonable size can not compute; they just do not add up. been overruled by the leadership, the meet in good conditions. The American public will not be fooled. same leadership that brings this rule And with insufficient attention to Because, in fact, it seems there is a lot today that has to have martial law to the other concerns. Take special edu- more missing than two pieces of paper. pass the budget. Martial law to pass cation, for example: under IDEA, if we Missing: there was $21 billion in edu- the budget, after we spent 161⁄2 hours on are going to meet our national obliga- cation funding missing from this budg- this floor last Thursday waiting on the tion, the Federal Government’s obliga- et. This budget, as filed last week, pro- majority to come up with their idea of tion for special education, that would vides even less money than the Presi- what the budget should look like. come to something on the order of $100 dent requested in his budget; $21 billion

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.054 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1953 less than requested. The leadership We ought to have the courage to saying, ‘‘The Democrats are whining talks a good game about a bipartisan stand up to where the President has about the process rather than getting education bill; and that is all well and started the debate in terms of leaving into debate on the substance.’’ good, but having a bipartisan bill and no child behind. Instead, this House is I am going to talk about substance talking about it does not do much breaking from the President, is repudi- tomorrow, but let me talk about proc- when a good-faith effort is not made to ating this position, is funding edu- ess today. I ask my colleagues on the fund education for our children. cation at $21 billion less than what the majority side of the aisle, what do they think about 212 Americans who rep- b 1845 President has proposed. How can we go forward debating the Elementary and resent approximately 235 million Missing: The explanation. The expla- Secondary Authorization Act we were Americans, not Democrats, 235 million nation of how to adequately fund a supposed to take up last week, and we Americans, who had no opportunity to Medicare prescription plan is missing are putting all of the money into a tax see the substance of your proposal on from the budget. President Bush has cut instead. Thursday night? suggested that we spend about $115 bil- Ms. SLAUGHTER. Mr. Speaker, I Cannot we cry foul over a Republican lion on a program to help seniors. Ev- yield 2 minutes to the gentlewoman budget process that completely shuts eryone else in the country seems to ac- from California (Ms. WATERS). out the representatives of the people, knowledge that it will take at least a Ms. WATERS. Mr. Speaker, we have not us as individuals, but of the people minimum of $300 billion to provide any- been waiting all year to get details of that we represent, Republicans, Demo- thing close to a fair and adequate ben- a proposed budget, and we have been crats, Independents, and, yes, those efit for senior citizens, but this budget forced to vote on crucial issues such as who are not aligned. fails to pay for such a benefit. a tax cut without seeing the budget. Our ranking member on the Com- Missing: Another $5 billion is missing Now we are being forced to vote on a mittee on the Budget, the gentleman to cover natural disasters. In the years budget on which we have had no input from South Carolina (Mr. SPRATT) was that I have represented my district, we and only have gotten access to because not allowed into the conference on this have been hit by tornadoes, floods, of human error. This type of process is resolution; yet we adopt a rule that droughts, ice storms. My citizens de- unfair and extremely heavy-handed. today will not debate substance but, by pend on FEMA, and FEMA has pro- President Bush promised the Amer- process alone, will recommit this bill vided relief for the citizens of my dis- ican people he would be the education to the Committee on the Budget. trict. However, this budget completely President. He campaigned on a slogan Mr. Speaker, I am pretty sure I de- X’s that out. This $5 billion is impor- of, ‘‘Leave no child behind.’’ When he tected a few Republican tears in the tant and should not be dropped due to gave his State of the Union address, he wee hours of the morning that they a procedural dispute. stated, ‘‘Education is my top priority, could not get this through. As a matter Mr. Speaker, much more is missing and by supporting this budget you will of fact, I heard the distinguished gen- than two pieces of paper. Much more is make it yours as well.’’ tleman from Florida talking about missing than two pages in this budget. Yet this budget has no substantial that and lamenting. After all, that is The priorities of America are missing. new funding for education. The Presi- when the majority learned the painful The greatness of America is missing. I dent’s ostensible commitment to edu- truth: It would have to wait 4 days. urge my colleagues to vote for the mo- cation, like his ostensible commitment Look who is crying now. tion to recommit. to bipartisanship, is a hoax. He took Mr. Speaker, the other side of the Ms. SLAUGHTER. Mr. Speaker, I $288 billion over the next 10 years out aisle has had a weekend of bad press on yield 2 minutes to the gentleman from of the budget for education. This these frankly heavy-handed budget tac- Florida (Mr. DAVIS). amount had bipartisan support in the tics, and people are starting to reexam- Mr. DAVIS of Florida. Mr. Speaker, I Senate, yet the conference agreement ine the substance in this budget, a rise in opposition to the resolution. eliminates 98 percent of that increased budget that provides huge tax cuts for This conference report which we are funding. This measly 2 percent increase the wealthiest Americans, and let the going to debate tonight has some fun- amounts to a mere $13 per student per budget ax fall on education, contrary damental flaws in it which should lead year. The balanced budget the Demo- to the bipartisan agreement in the us to go back to the drawing board. I crats offered and that Republicans other body, and seniors who need pre- want to highlight what I think is the unanimously rejected called for a $112 scription drugs, and our environment. most egregious problem. billion increase in education funding Mr. Speaker, let us vote down this We have actually shortchanged edu- over 10 years. This funding would have rule. Let us return this matter to the cation below what the President has provided for class size reductions, American people and have a full and proposed. Many of us applauded the school renovation, teacher recruit- fair debate. President during his campaign for talk- ment, increased funds for special edu- Ms. SLAUGHTER. Mr. Speaker, I ing about leaving no child behind and cation, expansion of Pell grants and ad- yield 2 minutes to the gentlewoman doing more to help our schools reduce ditional funds for Head Start. from Texas (Ms. JACKSON-LEE). class size, attract qualified teachers Announcing support for education (Ms. JACKSON-LEE of Texas asked and build safe and clean, modern without providing funding to back it and was given permission to revise and schools. He proposed an increase in up is no more than another empty extend her remarks.) education spending which many of us promise from a President whose legacy Ms. JACKSON-LEE of Texas. Mr. thought was simply a beginning, sim- will more likely be his consistent flip- Speaker, just 4 days ago the lights ply a start. flop on crucial issues rather than any went out in the House of Representa- Now, here in the House of Represent- proposed commitment to education. tives, although many of us were here atives tonight, we are going to adopt a Mr. Speaker, my colleagues are going seeking the opportunity to have a full conference report that is $21 billion to hear a lot about education this debate on a budget that all of America less than what the President has pro- evening. He promised, he promised. He could support; but unfortunately, it did posed. Nobody has had the courage to has broken that promise in the way not happen. We waited and we waited, stand on the floor of the House tonight that he has put this budget together. I and all of a sudden pages were missing. and say why we should do less than the ask for a ‘‘yes’’ vote on the rule. I believe the real key is whether the President of the United States has pro- Ms. SLAUGHTER. Mr. Speaker, I American people will have their voices posed for what we all agree should be yield 2 minutes to the gentleman from heard and whether or not they will our Nation’s highest priority. In Maryland (Mr. HOYER). know for sure that this is a budget that Tampa, Florida, my district, this is our (Mr. HOYER asked and was given actually invades the Social Security highest priority, and people I represent permission to revise and extend his re- Trust Fund and the Medicare Trust want us to pay down the debt and see marks.) Fund because of the $1.3 trillion tax a fair tax cut that benefits all Ameri- Mr. HOYER. Mr. Speaker, yesterday cut over a 10-year period, and 2011 will cans, but they want us to do something the gentleman from New York (Mr. show us an invasion in Social Security about education. REYNOLDS) was quoted in Roll Call as and Medicare.

VerDate 08-MAY-2001 03:48 May 09, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.057 pfrm02 PsN: H08PT1 H1954 CONGRESSIONAL RECORD — HOUSE May 8, 2001 Mr. Speaker, today in my district There is an awful lot missing in this This budget should be sent back to there was an Older American Seminar, document, Mr. Speaker. The problem is the conference, and it should be fixed. and some of the major questions being it cuts taxes too deeply, and it has far The way it ought to be fixed is that the raised was what is happening to Medi- too little for debt reduction. The Amer- budget plan put forth by the gentleman care and what is happening to Social ican people want us to pay down the from South Carolina (Mr. SPRATT) last Security? What is happening to the debt. The American people I represent month ought to be substituted for what real drug prescription benefit that the want debt reduction. That is a higher will be before us tomorrow. President promised us almost 2 and 3 priority for them than large tax cuts, In the years from the inception of the years ago? I can say there is no room and they do not want us to take our Republic to 1980, we ran up a public at the inn, and there is no money in budget process back to unbalanced debt of about $1 trillion to fight and the House. budgets, deficit spending, and years win World War I, World War II, dig our When we speak about educating our and years of debt. way out of the Great Depression, build children, $294 billion for education is Mr. Speaker, we need to return this the interstate highway system, do all all of a sudden missing. The President, for the missing pages, the missing the things America did in those years. who indicates that education is his chapters to be added. I support a ‘‘yes’’ In the years between 1980 and 1992, we chief responsibility, has money for vote on recommittal. more than quadrupled that debt. By reading and Pell grants, and I agree Ms. SLAUGHTER. Mr. Speaker, I the time 1993 rolled around, we were in yield 2 minutes to the gentleman from with that, but where is the money for excess of $5 trillion in debt. ENTSEN). the other programs that we so sorely Texas (Mr. B The major difference between the need. Whether it is issues like Title I, Mr. BENTSEN. Mr. Speaker, the hottest play on Broadway is a play about plan that will be before us tomorrow whether it is issues for special edu- and the plan that should be before us cation, whether it is school construc- a washed-up producer and his erstwhile accountant who try to sell a flop to tomorrow is this: at the end of the 10- tion, where is the commitment for the year period, giving the most charitable Federal Government collaboration widows, and instead of selling 100 percent they sell 1,000 percent, and when interpretation to the majority’s plan, with local government dealing with when we compare it to the 10-year pe- health? it goes under, they will take the rest. Mr. Speaker, the hottest play in riod under the gentleman from South The National Institutes of Health Carolina’s plan, our children will be ap- should be supported, but if you exclude Washington apparently is the budget resolution that is before us today, and proximately one-half trillion dollars the National Institutes of Health fund- greater in debt under the majority’s ing from health funding in the budget, is going back to the Committee on the Budget, and will come back tomorrow, plan than if we adopted the gentleman you will find that that money is insuf- where we claim that we are going to from South Carolina’s plan. That is ficient to take care of the needs, like have a tax cut that is contained and we one-half trillion dollars, I think it is uninsured children in America, 1 mil- are going to contain spending at a cer- really closer to a trillion if we use hon- lion in the State of Texas. We only en- tain amount, as if all around the Cap- est accounting, that we are choosing to roll 300,000 to 400,000, so children are itol and even on the floor today and saddle our children with. uninsured and we need the dollars to be even over at the White House today When I came here in 1990, fiscal con- able to assist. when funding issues come up, they say, servatives wanted to eliminate the def- If we talk about civil rights and elec- Do not worry, we will put more edu- icit and pay down the debt. Well, the tion reform, budgets in the Department cation money in later. Do not worry, worm has turned and it appears to me of Justice have been cut and so we are we will put more money in for FEMA that those who call themselves fiscal not serious about election reform or later. Do not worry, we will fund the civil rights in this country. conservatives now stand up for fiscal Mr. Speaker, let us turn the lights on NSF, the National Science Foundation, irresponsibility. and do this in a bipartisan way and get later. Do not worry, if my colleagues Send this budget back to the con- do not think the tax cut is big enough, a real budget and oppose the resolution ference and fix it and relieve our chil- we will take care of that later. that is on the floor. dren of the debt that we are imposing What we have produced here is a flop Ms. SLAUGHTER. Mr. Speaker, I upon them. where we are selling the American peo- yield 2 minutes to the gentleman from Ms. SLAUGHTER. Mr. Speaker, I ple 1,000 percent of the shares. It is a Pennsylvania (Mr. HOEFFEL). yield 4 minutes to the gentleman from Mr. HOEFFEL. Mr. Speaker, I thank total fraud that is being committed South Carolina (Mr. SPRATT). the gentlewoman for yielding me this through this budget. It is unrealistic, (Mr. SPRATT asked and was given time. and at the end of the day what is going permission to revise and extend his re- I support sending this bill back to to happen is they are going to go to the marks.) the Committee on the Budget. There is appropriators and they are going to Mr. SPRATT. Mr. Speaker, there are so much work the conference com- say, Let us waive the Budget Act and many reasons this budget ought to be mittee still has to do. I say with re- let us go ahead. It is not going to be 4 sent back to conference. It needs a spect to the gentlewoman who talked or 5 percent, it is going to be 6 percent, total overhaul, a complete rewrite. I about missing pages, there are more and what we are not going to do is have would like to ask the gentleman from than just pages missing from this docu- a strong fiscal policy for the good of the Committee on Rules if there is a the general economy, and we will pur- ment. There are whole chapters that possibility if we send it back if you port a fraud on the American people in are missing. Just look at the Presi- might reconsider concurrent receipt the process by eliminating and finally dent’s priorities that are not funded or for veterans disability pay which was eviscerating once and for all the Budg- included. passed in the Senate but struck in con- How are we going to pay for national et Act. ference. Is there any chance we can re- Mr. Speaker, I think it is a great missile defense? The President is talk- deem that? shame that this House and the Senate ing about that. That is hundreds of bil- Mr. GOSS. Mr. Speaker, will the gen- have decided to follow in the footsteps lions of dollars not recognized in this tleman yield? of Broadway as opposed to doing the budget document. Mr. SPRATT. I yield to the gen- American people’s business. How are we going to pay for his mili- tleman from Florida. tary build up that he is going to ask for b 1900 Mr. GOSS. Mr. Speaker, I think that in 2 weeks, probably $25 billion a year? Ms. SLAUGHTER. Mr. Speaker, I one of the interesting things that is How are we going to pay for that? It is yield 2 minutes to the gentleman from going on here is that I am representing not mentioned in this budget. New Jersey (Mr. ANDREWS). the Committee on Rules and am proud How are we going to pay for his pro- (Mr. ANDREWS asked and was given to do so and we are dealing with a rule. posal to privatize Social Security? If permission to revise and extend his re- Other speakers have gotten a little off that is implemented, there are prob- marks.) the track of the rule and are talking ably $1 trillion in transition costs; yet Mr. ANDREWS. Mr. Speaker, I thank about the budget, which is the property this budget document is completely si- my friend from New York for yielding and province of the Committee on the lent on those Presidential priorities. me this time. Budget and the conference committee

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.059 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1955 that is discussing it. It is the Com- plicitly anticipates it by giving the constructive discussion of this. And mittee on Rules’ desire to get this leg- Committee on the Budget chairman certainly not of the education increase. islation back to that conference com- the authority to adjust this number, The Senate provided a nearly $300 bil- mittee where the gentleman could however it takes. lion plus-up in education over and properly address that question. But what you have got is a thin bot- above inflation, a huge increase, as a Mr. SPRATT. I want to suggest there tom line here that will not sustain the result of three amendments on the Sen- are many things you ought to do and kind of increase that Mr. Rumsfeld is ate floor. A majority of the Senate one of my biggest concerns is the way talking about. I would suggest if you passed the budget resolution with that defense has been treated in this budget. are going to take it back to the con- increase included; and, bam, it went to When it left the House, we provided $70 ference committee, you might see if conference, it disappeared. Not only did billion more than the rate of inflation you can get these numbers to mesh. it disappear, the President requested and gave the chairman of the com- Look, for example, at the year 2003. $21.4 billion more than the rate of in- mittee the authority, I did not agree The Rumsfeld request in that year, if it flation for education. It is gone, too. with this, but the authority willy-nilly is $25 billion, plus let us add the pre- to come back and plus that up by even vious year, would be about $33 billion. This was supposed to be an education more. You got to conference and took But what is left in the contingency re- budget. The President told us from $30 billion of that away in order to get serve? Just $24 billion. Every year for that podium right there a couple of the discretionary spending number the next 6 years, there is too little months ago that education would be down. money left over to provide for what the the account in his budget increased the Let me tell you what my big concern likely defense increase is going to be. most. You are bringing this budget is. Looking at this fairly complicated So I think this budget needs a huge re- back to vote on in the House with chart here, if you come to the bottom work. nothing more than inflation. Zero in- line, it is the line, the amount of Let me mention one other thing. flation. You have maintained real pur- money that remains after all the puts Buried in this budget without any de- chasing power. and takes in the conference agreement bate in the Committee on the Budget is Recommit to the conference, you bet. have been made. There is $12 billion in a provision that prohibits the use of But take it back to the conference and 2002, 19 in 2003, 24 in 2004; but we have advance appropriations. It so happens put it through a real conference. Put it read in recent weeks about the likely that there are entities around here through an adversarial process and defense request that Mr. Rumsfeld is that can make good use of advance ap- going to send once he figures out how propriations. The United States Navy bring us a budget that is worth consid- to transform our military. And the would like to have that authority so eration. This has too many missing numbers run 2, $300 billion, $25 billion a they can move from full funding to in- numbers, too many unreal numbers, year. We have factored that into this cremental funding. This will prohibit too many plugs and placeholders. budget. That is this line right here, de- them from doing that. It was put in the Mr. Speaker, I include a chart per- fense increase. You know it is coming. budget resolution because you shut the taining to the budget conference for I know it is coming. This budget ex- doors, you shut us out, there was no the RECORD. BUDGET CONFERENCE AGREEMENT THREATENS MEDICARE AND SOCIAL SECURITY [Billions of dollars; CBO January assumptions]

2001 2002 2003 2004 2005 2006 2007 2008 2008 2010 2011 2002–11

Conference Agreement: Baseline Unified Surplus ...... 281 313 359 397 433 505 573 635 710 796 889 5,610 Social Security ...... 156 171 188 201 221 238 257 276 294 312 331 2,488 Medicare Part A ...... 29 36 39 41 40 44 41 41 39 37 34 393 Available Surplus ...... 96 106 132 155 172 223 275 318 377 447 524 2,729 Permanent Tax Cut ...... 0 50 76 84 97 138 141 153 166 171 191 1,269 Stimulus Tax Cut ...... 85 15 0 0 0 00000015 Medicare Rx and Home Health ...... 0 0 1 11 22 29 41 46 49 54 61 314 Other Health ...... 0 7 12 11 2 2 2222244 Agriculture ...... 6 7 88888766670 Veterans ...... 0 0 1 111110006 All Other ...... 2 7 4 ¥3 ¥0 ¥31111110 Resulting New Interest ...... 2 7 12 19 26 36 48 62 78 95 114 498 ‘‘Contingency Reserve’’ ...... 1 12 19 24 16 13 33 46 75 118 149 504 Likely Further Action: Average Historical Emergencies ...... 2 4 5 666667755 Defense Increase ...... 0 13 21 27 32 37 45 48 49 49 49 370 AMT Fix ...... 014713213743495563293 Tax ‘‘Extenders’’ ...... 0123344556741 Business Tax Cuts ...... 0344443334436 Health Tax Cuts ...... 0 0 2 4667777753 Retirement Tax Cuts ...... 0 1 3 3456678852 Resulting Net Interest ...... 01258131926344353203 Resulting Surplus/Deficit ...... 1 ¥11 ¥22 ¥33 ¥60 ¥82 ¥94 ¥98 ¥86 ¥61 ¥50 ¥597 Spending of Medicare Surplus ...... 0 ¥11 ¥22 ¥33 ¥40 ¥44 ¥41 ¥41 ¥39 ¥37 ¥34 ¥342 Spending of Social Security Surplus ...... 0 0 0 0 ¥20 ¥38 ¥52 ¥58 ¥47 ¥24 ¥16 ¥255

Ms. SLAUGHTER. Mr. Speaker, I If you do not like the budget, send it are proposing. Tonight we are pro- yield myself such time as I may con- back to the conference committee. If posing a rule because we are the Com- sume. you do like the budget, send it back to mittee on Rules. The rule is designed I would like to call on all of my col- the conference committee. This is ac- to get the budget on the floor because leagues to vote yes on this rule because tually one of the easiest rules I have that is much more interesting and the effect will be to deliver last week’s ever had to handle. more important. That is what we hope budget to the ignominious defeat and I do say the gentleman from South to accomplish. I want to thank all of death that it so richly deserves. Carolina was very instructive. I am I urge a yes vote on this resolution. those for their forbearance as we have Mr. Speaker, I have no further re- going to get myself one of those charts gone through this procedure which is quests for time, and I yield back the for Rules so that I can get people to not something that we had anticipated balance of my time. understand what it is we are talking when we started; but I appreciate the Mr. GOSS. Mr. Speaker, I yield my- about better. comity, good humor, and pleasant com- self such time as I may consume. I am looking forward to the budget mentary and the bipartisanship. I am, of course, very pleased that the debate tomorrow when members from Mr. Speaker, I yield back the balance gentlewoman is approaching this in a the Committee on the Budget will ac- bipartisan way and there is full agree- tually be at the microphones and at of my time, and I move the previous ment. This is a bipartisan rule. We are the leadership and committee tables on question on the resolution. both encouraging support for this rule. this side explaining the budget that we The previous question was ordered.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.062 pfrm02 PsN: H08PT1 H1956 CONGRESSIONAL RECORD — HOUSE May 8, 2001 The SPEAKER pro tempore (Mr. LoBiondo Payne Skeen SPECIAL ORDERS Lofgren Pelosi Skelton HORNBERRY T ). The question is on the Lowey Pence Slaughter The SPEAKER pro tempore (Mr. resolution. Lucas (KY) Peterson (MN) Smith (MI) THORNBERRY). Under the Speaker’s an- The question was taken; and the Lucas (OK) Peterson (PA) Smith (NJ) nounced policy of January 3, 2001, and Speaker pro tempore announced that Luther Petri Smith (TX) Maloney (CT) Phelps Smith (WA) under a previous order of the House, the ayes appeared to have it. Maloney (NY) Pickering Snyder the following Members will be recog- Ms. SLAUGHTER. Mr. Speaker, I ob- Manzullo Pitts Solis nized for 5 minutes each. ject to the vote on the ground that a Markey Platts Souder Mascara Pombo Spence f quorum is not present and make the Matheson Pomeroy Spratt point of order that a quorum is not Matsui Portman Stark QUESTIONABLE DECISIONS present. McCarthy (MO) Price (NC) Stearns COMING FROM SUPREME COURT The SPEAKER pro tempore. Evi- McCarthy (NY) Pryce (OH) Stenholm McCollum Putnam Strickland The SPEAKER pro tempore (Mr. dently a quorum is not present. McCrery Quinn Stupak FLAKE). Under a previous order of the McGovern Radanovich Sununu The Sergeant at Arms will notify ab- House, the gentleman from New York sent Members. McHugh Rahall Tancredo McInnis Ramstad Tanner (Mr. HINCHEY) is recognized for 5 min- The vote was taken by electronic de- McIntyre Rangel Tauscher utes. vice, and there were—yeas 409, nays 1, McKeon Regula Tauzin Mr. HINCHEY. Mr. Speaker, I wanted not voting 21, as follows: McKinney Rehberg Taylor (MS) McNulty Reyes Terry to address myself this evening to a de- [Roll No. 101] Meehan Reynolds Thomas cision by the Supreme Court of the YEAS—409 Meek (FL) Riley Thompson (CA) United States which came down around Meeks (NY) Rodriguez Thompson (MS) 1 Abercrombie Crane Hastings (WA) Menendez Roemer Thornberry the end of last month, about 2 ⁄2 weeks Aderholt Crenshaw Hayes Mica Rogers (KY) Thune ago. It is a decision by the Supreme Akin Crowley Hayworth Millender- Rogers (MI) Thurman Court, a five to four decision, another Andrews Culberson Hefley McDonald Rohrabacher Tiahrt Armey Cummings Herger Miller (FL) Ros-Lehtinen Tiberi one of those narrow decisions that is Baca Cunningham Hill Miller, Gary Ross Tierney decided by one of the nine justices, Bachus Davis (CA) Hilleary Miller, George Rothman Toomey which I think has very deep and com- Baird Davis (FL) Hilliard Mink Roukema Towns pelling implications for every Amer- Baker Davis (IL) Hinchey Moakley Roybal-Allard Traficant Baldacci Davis, Jo Ann Hinojosa Mollohan Royce Turner ican. Baldwin Davis, Tom Hobson Moore Rush Udall (CO) Let me tell you what that decision Ballenger Deal Hoeffel Moran (KS) Ryan (WI) Udall (NM) entailed. It involved a case in the State Barcia DeFazio Hoekstra Moran (VA) Ryun (KS) Upton Barr Delahunt Holden Morella Sabo Velazquez of Texas. The situation was this: A Barrett DeLauro Holt Murtha Sanchez Visclosky woman, a young mother, was bringing Bartlett DeLay Honda Myrick Sanders Vitter two of her children home from soccer Barton DeMint Hooley Nadler Sandlin Walden practice. She was driving a pickup Bass Deutsch Horn Napolitano Sawyer Walsh Becerra Diaz-Balart Hostettler Neal Saxton Wamp truck. The two children were in the cab Bentsen Dicks Houghton Nethercutt Scarborough Waters with her. She was driving through a Bereuter Dingell Hoyer Ney Schaffer Watkins community at 15 miles per hour. Berkley Doggett Hulshof Northup Schakowsky Watt (NC) Berman Doolittle Hunter Norwood Schiff Watts (OK) She was stopped by a police officer of Berry Doyle Hutchinson Nussle Schrock Waxman that community, and she was stopped Biggert Dreier Hyde Oberstar Scott Weiner because the police officer observed that Bilirakis Duncan Isakson Obey Sensenbrenner Weldon (FL) she was not wearing a seat belt. There Bishop Dunn Israel Olver Serrano Weller Blagojevich Edwards Istook Ortiz Sessions Wexler was no other infraction. She was driv- Blumenauer Ehlers Jackson (IL) Osborne Shadegg Whitfield ing below the speed limit, she had not Blunt Ehrlich Jackson-Lee Ose Shaw Wicker violated any other of the vehicle and Boehlert Emerson (TX) Otter Shays Wilson Boehner Engel Jefferson Owens Sherman Wolf traffic laws or anything else. She was Bonilla English Jenkins Oxley Sherwood Woolsey simply stopped by the police officer be- Bonior Eshoo John Pallone Shimkus Wu cause he observed that she was not Bono Etheridge Johnson (CT) Pascrell Shows Wynn wearing a seat belt. Borski Evans Johnson (IL) Pastor Simmons Young (AK) Boswell Everett Johnson, E. B. Paul Simpson Young (FL) He stopped her, with her two chil- Boucher Farr Johnson, Sam dren; and he placed her under arrest. Boyd Ferguson Jones (NC) NAYS—1 He put her in handcuffs, arrested her, Brady (PA) Filner Kanjorski Capuano Brady (TX) Flake Kaptur took her into custody, and was about Brown (FL) Fletcher Keller NOT VOTING—21 to take the two children into custody Brown (OH) Foley Kelly Ackerman Fattah LaHood when, fortunately, a neighbor came by Brown (SC) Ford Kennedy (MN) Allen Frost McDermott Bryant Fossella Kennedy (RI) and took custody of the two children Clement Gutierrez Rivers Burr Frank Kerns and took them home. But the woman Costello Hall (OH) Stump Burton Frelinghuysen Kildee Cubin Inslee Sweeney was arrested and taken off to jail in Buyer Gallegly Kilpatrick DeGette Issa Taylor (NC) Callahan Ganske Kind (WI) handcuffs. She was later forced to place Dooley Jones (OH) Weldon (PA) Calvert Gekas King (NY) bond, $310 bond, for a violation, the Camp Gephardt Kingston fine for which would have been no more Cannon Gibbons Kirk b 1932 than $50 if the maximum fine had been Cantor Gilchrest Kleczka Capito Gillmor Knollenberg Messrs. TANCREDO, WAMP, ENGEL, imposed. Capps Gilman Kolbe MANZULLO, LARGENT, UDALL of The woman sued the city in Texas. It Cardin Gonzalez Kucinich Colorado and GREEN of Texas and Ms. went through the court system and fi- Carson (IN) Goode LaFalce Carson (OK) Goodlatte Lampson HOOLEY of Oregon changed their vote nally worked its way to the Supreme Castle Gordon Langevin from ‘‘nay’’ to ‘‘yea.’’ Court. The Supreme Court in a five to Chabot Goss Lantos So the resolution was agreed to. four decision declared that the officer Chambliss Graham Largent The result of the vote was announced was right in arresting her; he was right Clay Granger Larsen (WA) Clayton Graves Larson (CT) as above recorded. in putting her in handcuffs; he was Clyburn Green (TX) Latham A motion to reconsider was laid on right taking her into custody, taking Coble Green (WI) LaTourette the table. her to jail; and it was right to force her Collins Greenwood Leach Combest Grucci Lee Stated for: to post a bail of more than $300. Condit Gutknecht Levin Mr. MCDERMOTT. Mr. Speaker, on rollcall By the way, in the meantime they Conyers Hall (TX) Lewis (CA) No. 10 H. Res. 134 I was absent because of searched the vehicle. They searched Cooksey Hansen Lewis (GA) mechanical problems with the aircraft I was the pickup truck, and they found some Cox Harman Lewis (KY) Coyne Hart Linder on. Had I been present, I would have voted very dangerous equipment in the Cramer Hastings (FL) Lipinski ‘‘yea.’’ truck: A bicycle, two tricycles, a cooler

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.064 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1957 for keeping beverages cool, some bar- people of the Klamath Basin in Oregon cause nothing will be raised, nothing becue equipment, and a pair of chil- and California. will be grown, nothing will be har- dren’s shoes. That is what they found Yesterday I attended what was called vested, because the Endangered Species in the back of the truck. The Supreme a ‘‘bucket brigade.’’ We had buckets Act as written today makes no provi- Court said that that was right. like these representing each of the 50 sion for people, for communities like Now, I am here this evening talking States where we took water out of the Klamath Falls or Malin or Merrill or about this because I am increasingly lake and symbolically handed it down a Tooley Lake. disturbed by these right-wing decisions chain of people 1.2 miles long to dump that are being made by a court which it in the A-Canal that this year will b 1945 places in jeopardy the civil liberties have no water in it. No, these people are left off the plate. and the civil rights of every single These are the people that were at the They have no seat at the table of pub- American, because after that Supreme rally. In all my years in public office, lic policy. They are being wiped out by Court decision, the court in effect has here and in Oregon, I have never seen this decision. It is wrong. The time has made law. It is now the law of the land close to 16,000 people turn out to pro- come to change and amend the Endan- that any police officer in any commu- test a government action, but that oc- gered Species Act so that we do not nity at any time can stop anybody for curred in Klamath Falls yesterday; make these unilateral decisions that not wearing a seat belt and take them peaceful, civil disobedience, making wipe people out. into custody and take their children the case for reforming the Endangered Mr. Speaker, 16,000 people in the into custody too, for that matter, ap- Species Act. Klamath Basin turned out yesterday to parently, and search their vehicle, sim- Let me tell you what people are say- try to get the attention of the country, ply because they were not wearing a ing. Let me share with you some of the to get the attention of this Congress letters and comments. This from a seat belt. that change is needed. We can work to- It is interesting to note as I men- Vietnam veteran who earned a medal gether to have a cleaner environment, tioned earlier it was a five to four deci- for heroism, who flies in the Klamath but we do not have to wipe agriculture sion. We are seeing a lot of these five Basin in a crop duster: ‘‘When the sea- off the map to do it. We can work to- to four decisions recently. The five jus- son starts up, we have just about used gether to provide for habitat for fish, all our savings from the previous sea- tices included Justice Kennedy, who but we do not have to create a dust son. Taxes take a huge chunk out of was appointed by President Reagan; bowl to do it. We do not have to rely on my check. Since I have no retirement Justice Rehnquist, appointed by Presi- science that is now being questioned by plan from work, I have to put what lit- dent Nixon and elevated to be the Chief those who have finally had an oppor- tle I can into that. We have house pay- Justice of the Supreme Court by Presi- tunity to look at it who say, maybe ments due, food to put on the table, dent Reagan; also joining in the major- that science is not right. heating bills. I have no money left. I ity was Justice Thomas, who was ap- But let me tell my colleagues, on am going to have to start drawing from pointed by President Bush, the first April 6, the decision was made: the our IRA; and with penalties and inter- President Bush; and also Justice headgates will be closed and they will est, that is a poor option, but all I be closed all year. The water will not Scalia, who was appointed by President have. We are going to lose our house. flow. It is too late to plant. The con- Reagan. Also, oddly enough, Justice We can’t sell it, because everyone here tracts will be lost. Farmers have noth- Souter, who usually has better sense is in the same boat. It is worth nothing to put in the ground, and if they than to join these other four in these ing. Help us.’’ decisions, but on this particular occa- And this from a woman from Malin: did, no water to make it grow. sion it seems perhaps his experience as ‘‘The decision of no water for irrigation So, we will approach this Congress a prosecutor before becoming a judge comes as a major disaster to our small for disaster relief. It is an option we may have overcome him and he dis- communities of Malin and Merrill, wish we did not have to take; but we played the kind of bad judgment which Tooley Lake. The government can offer will, because we have no other option is exemplified in this five to four Su- low interest loans, but who will be able for this year. We will approach this preme Court decision. to ever pay them back. Our spirit is Congress and vigorously fight for I am worried about this also because broken. How can the government ever changes in the Endangered Species Act. we have seen recently that the Presi- be trusted again? Contracts for water This can happen to you, because it has dent of the United States, Mr. Bush, in the Klamath project, where, by the happened to these people who fight for the second Mr. Bush, has made it clear way, there are 1,000 farmers that will our country and provided for our peo- that he is no longer going to take rec- not get water this year for the first ple and farmed the land. ommendations from the American Bar time since this project was created f Association with regard to justices on nearly 100 years ago, contracts for this any of the Federal courts, that is the water have been broken and our water CONFERENCE REPORT ON H. CON. Federal Appeals Court, the circuit stolen. Why would we build more stor- RES. 83, CONCURRENT RESOLU- courts or the United States Supreme age, to have it taken away by another TION ON THE BUDGET FOR FIS- Court; and instead he is going to take group? There are school football fields CAL YEAR 2002 recommendations from the Federalist and city parks that will get no water Mr. NUSSLE submitted the following Society. this summer.’’ conference report and statement on the I think we all ought to be deeply con- Mr. Speaker, there have already been concurrent resolution (H. Con. Res. 83) cerned about what is going on in our traffic accidents on the major highway establishing the congressional budget courts and about the way that this par- because this area is turning into a dust for the United States Government for ticular decision typifies or exemplifies bowl, and it will this summer, because fiscal year 2002, revising the congres- at least the kind of bad decisions that the government has said it needs all sional budget for the United States are being made on a five to four basis the water for the suckers in Klamath Government for fiscal year 2001, and in the Supreme Court of the United Lake and for the salmon in Klamath setting forth appropriate budgetary States. River. levels for each of fiscal years 2003 f So the ‘‘reasonable’’ and ‘‘prudent’’ through 2011: decision of the government, and I put UPDATE ON CRISIS AFFECTING those two words in quotes, is to say the CONFERENCE REPORT (H. REPT. 107–60) KLAMATH BASIN ranchers and the farmers can have no The committee of conference on the dis- The SPEAKER pro tempore. Under a water; the schools that rely on the agreeing votes of the two Houses on the previous order of the House, the gen- water for their fields and the cities for amendment of the Senate to the concurrent resolution (H. Con. Res. 83), establishing the tleman from Oregon (Mr. WALDEN) is their parks will have no water; the peo- congressional budget for the United States recognized for 5 minutes. ple will have no income; the people will Government for fiscal year 2002, revising the Mr. WALDEN of Oregon. Mr. Speak- have no livelihood. congressional budget for the United States er, I rise today to update my colleagues They have no way to survive if they Government for fiscal year 2001, and setting in the House on the crisis affecting the have no water to put on their crops, be- forth appropriate budgetary levels for each

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.066 pfrm02 PsN: H08PT1 H1958 CONGRESSIONAL RECORD — HOUSE May 8, 2001 of fiscal years 2003 through 2011, having met, Subtitle B—Sense of the Congress Fiscal year 2011: $193,156,000,000. after full and free conference, have agreed to Sec. 311. Asset building for the working poor. (5) PUBLIC DEBT.—The appropriate levels of recommend and do recommend to their re- Sec. 312. Federal fire prevention assistance. the public debt are as follows: spective Houses as follows: Sec. 313. Funding for graduate medical edu- Fiscal year 2001: $5,660,699,000,000. That the House recede from its disagree- cation at children’s teaching hos- Fiscal year 2002: $5,603,812,000,000. ment to the amendment of the Senate and pitals. Fiscal year 2003: $5,654,952,000,000. agree to the same with an amendment as fol- Sec. 314. Concurrent retirement and disability Fiscal year 2004: $5,700,089,000,000. lows: benefits to retired members of the Fiscal year 2005: $5,751,561,000,000. In lieu of the matter proposed to be in- Armed Forces. Fiscal year 2006: $5,803,295,000,000. serted by the Senate amendment, insert the Sec. 315. Federal employee pay. Fiscal year 2007: $5,832,676,000,000. following: Sec. 316. Sales tax deduction. Fiscal year 2008: $5,847,714,000,000. SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2009: $5,988,315,000,000. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2010: $6,343,661,000,000. BUDGET FOR FISCAL YEAR 2002. AMOUNTS (a) DECLARATION.—Congress determines and Fiscal year 2011: $6,720,963,000,000. declares that the concurrent resolution on the SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. (6) DEBT HELD BY THE PUBLIC.—The appro- budget for fiscal year 2001 is revised and re- The following budgetary levels are appropriate levels of the debt held by the public are placed and that this resolution is the concurrent priate for the fiscal years 2001 through 2011: as follows: resolution on the budget for fiscal year 2002 in- (1) FEDERAL REVENUES.—For purposes of the Fiscal year 2001: $3,243,211,000,000. cluding the appropriate budgetary levels for fis- enforcement of this resolution— Fiscal year 2002: $2,924,234,000,000. cal years 2003 through 2011 as authorized by (A) The recommended levels of Federal reve- Fiscal year 2003: $2,691,176,000,000. section 301 of the Congressional Budget Act of nues are as follows: Fiscal year 2004: $2,437,771,000,000. 1974 (2 U.S.C. 632). Fiscal year 2001: $1,630,462,000,000. Fiscal year 2005: $2,170,550,000,000. (b) TABLE OF CONTENTS.—The table of con- Fiscal year 2002: $1,638,202,000,000. Fiscal year 2006: $1,882,764,000,000. tents for this concurrent resolution is as follows: Fiscal year 2003: $1,706,044,000,000. Fiscal year 2007: $1,555,637,000,000. Fiscal year 2004: $1,780,310,000,000. Fiscal year 2008: $1,194,633,000,000. Fiscal year 2005: $1,852,646,000,000. Fiscal year 2009: $939,000,000,000. Sec. 1. Concurrent resolution on the budget for Fiscal year 2006: $1,901,304,000,000. Fiscal year 2010: $878,000,000,000. fiscal year 2002. Fiscal year 2007: $1,994,674,000,000. Fiscal year 2011: $818,000,000,000. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2008: $2,089,726,000,000. (7) SOCIAL SECURITY.— AMOUNTS Fiscal year 2009: $2,193,954,000,000. (A) SOCIAL SECURITY REVENUES.—For purposes Sec. 101. Recommended levels and amounts. Fiscal year 2010: $2,318,055,000,000. of Senate enforcement under section 311 of the Sec. 102. Major functional categories. Fiscal year 2011: $2,436,550,000,000. Congressional Budget Act of 1974 (2 U.S.C. 642), Sec. 103. Reconciliation in the Senate. (B) The amounts by which the aggregate lev- the amounts of revenues of the Federal Old-Age Sec. 104. Reconciliation in the House. els of Federal revenues should be changed are and Survivors Insurance Trust Fund and the TITLE II—BUDGET ENFORCEMENT AND as follows: Federal Disability Insurance Trust Fund are as RULEMAKING Fiscal year 2001: $0. follows: Fiscal year 2002: ¥$65,286,000,000. Fiscal year 2001: $504,109,000,000. Subtitle A—Budget Enforcement Fiscal year 2003: ¥$76,067,000,000. Fiscal year 2002: $532,308,000,000. Sec. 201. Restrictions on advance appropria- Fiscal year 2004: ¥$84,025,000,000. Fiscal year 2003: $560,938,000,000. tions in the House. Fiscal year 2005: ¥$97,124,000,000. Fiscal year 2004: $588,674,000,000. Sec. 202. Restrictions on advance appropria- Fiscal year 2006: ¥$138,279,000,000. Fiscal year 2005: $620,060,000,000. tions in the Senate. Fiscal year 2007: ¥$141,081,000,000. Fiscal year 2006: $649,221,000,000. Sec. 203. Mechanism for implementing increase Fiscal year 2008: ¥$153,084,000,000. Fiscal year 2007: $679,935,000,000. of fiscal year 2002 discretionary Fiscal year 2009: ¥$166,162,000,000. Fiscal year 2008: $712,454,000,000. spending limits. Fiscal year 2010: ¥$171,247,000,000. Fiscal year 2009: $746,439,000,000. Sec. 204. Compliance with section 13301 of the Fiscal year 2011: ¥$191,343,000,000. Fiscal year 2010: $782,029,000,000. Budget Enforcement Act of 1990. (2) NEW BUDGET AUTHORITY.—For purposes of Fiscal year 2011: $819,185,000,000. Subtitle B—Reserve Funds the enforcement of this resolution, the appro- (B) SOCIAL SECURITY OUTLAYS.—For purposes priate levels of total new budget authority are of Senate enforcement under section 311 of the Sec. 211. Reserve fund for Medicare. as follows: Congressional Budget Act of 1974 (2 U.S.C. 642), Sec. 212. Reserve fund for Family Opportunity Fiscal year 2001: $1,653,681,000,000. the amounts of outlays of the Federal Old-Age Act. Fiscal year 2002: $1,510,948,000,000. and Survivors Insurance Trust Fund and the Sec. 213. Reserve fund for agriculture. Fiscal year 2003: $1,668,530,000,000. Federal Disability Insurance Trust Fund are as Sec. 214. Reserve fund for additional tax cuts Fiscal year 2004: $1,733,617,000,000. follows: and debt reduction. Fiscal year 2005: $1,814,079,000,000. Fiscal year 2001: $343,562,000,000. Sec. 215. Technical reserve fund for student Fiscal year 2006: $1,866,139,000,000. Fiscal year 2002: $356,646,000,000. loans. Fiscal year 2007: $1,945,112,000,000. Fiscal year 2003: $369,521,000,000. Sec. 216. Reserve fund for health insurance for Fiscal year 2008: $2,025,075,000,000. Fiscal year 2004: $382,488,000,000. the uninsured. Fiscal year 2009: $2,102,398,000,000. Fiscal year 2005: $394,844,000,000. Sec. 217. Reserve fund for defense in the Sen- Fiscal year 2010: $2,186,341,000,000. Fiscal year 2006: $407,020,000,000. ate. Fiscal year 2011: $2,277,143,000,000. Fiscal year 2007: $419,285,000,000. Sec. 218. Strategic reserve fund in the House. (3) BUDGET OUTLAYS.—For purposes of the en- Fiscal year 2008: $432,293,000,000. Subtitle C—Miscellaneous Provisions forcement of this resolution, the appropriate lev- Fiscal year 2009: $448,317,000,000. Sec. 221. Application and effect of changes in els of total budget outlays are as follows: Fiscal year 2010: $465,780,000,000. allocations and aggregates. Fiscal year 2001: $1,600,529,000,000. Fiscal year 2011: $483,963,000,000. Sec. 222. Exercise of rulemaking powers. Fiscal year 2002: $1,476,841,000,000. (C) SOCIAL SECURITY ADMINISTRATIVE EX- Fiscal year 2003: $1,641,515,000,000. TITLE III—SENSE OF THE SENATE AND PENSES.—In the Senate, the amounts of new Fiscal year 2004: $1,709,251,000,000. CONGRESS PROVISIONS budget authority and budget outlays of the Fed- Fiscal year 2005: $1,790,389,000,000. eral Old-Age and Survivors Insurance Trust Subtitle A—Sense of the Senate Fiscal year 2006: $1,837,846,000,000. Fund and the Federal Disability Insurance Sec. 301. Sense of the Senate on conservation. Fiscal year 2007: $1,912,602,000,000. Trust Fund for administrative expenses are as Sec. 302. Sense of the Senate on aids and other Fiscal year 2008: $1,994,838,000,000. follows: infectious diseases. Fiscal year 2009: $2,071,497,000,000. Fiscal year 2001: Sec. 303. Sense of the Senate on consolidated Fiscal year 2010: $2,154,203,000,000. (A) New budget authority, $3,431,000,000. health centers. Fiscal year 2011: $2,243,394,000,000. (B) Outlays, $3,371,000,000. Sec. 304. Funding for Department of Justice (4) SURPLUSES.—For purposes of the enforce- Fiscal year 2002: programs for State and local law ment of this resolution, the amounts of the sur- (A) New budget authority, $3,579,000,000. enforcement assistance. pluses are as follows: (B) Outlays, $3,525,000,000. Sec. 305. Sense of the Senate regarding United Fiscal year 2001: $29,933,000,000. Fiscal year 2003: States Coast Guard fiscal year Fiscal year 2002: $161,361,000,000. (A) New budget authority, $3,695,000,000. 2002 funding. Fiscal year 2003: $64,529,000,000. (B) Outlays, $3,655,000,000. Sec. 306. Strengthening our national food safe- Fiscal year 2004: $71,059,000,000. Fiscal year 2004: ty infrastructure. Fiscal year 2005: $62,257,000,000. (A) New budget authority, $3,819,000,000. Sec. 307. Sense of the Senate with respect to in- Fiscal year 2006: $63,458,000,000. (B) Outlays, $3,763,000,000. creasing funds for renewable en- Fiscal year 2007: $82,072,000,000. Fiscal year 2005: ergy research and development. Fiscal year 2008: $94,888,000,000. (A) New budget authority, $3,939,000,000. Sec. 308. Sense of the Senate with respect to in- Fiscal year 2009: $122,457,000,000. (B) Outlays, $3,881,000,000. creased education funding. Fiscal year 2010: $163,852,000,000. Fiscal year 2006:

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A08MY7.011 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1959 (A) New budget authority, $4,064,000,000. (A) New budget authority, $27,458,000,000. (A) New budget authority, $33,091,000,000. (B) Outlays, $4,004,000,000. (B) Outlays, $23,235,000,000. (B) Outlays, $32,365,000,000. Fiscal year 2007: Fiscal year 2011: Fiscal year 2006: (A) New budget authority, $4,194,000,000. (A) New budget authority, $28,065,000,000. (A) New budget authority, $33,965,000,000. (B) Outlays, $4,132,000,000. (B) Outlays, $23,766,000,000. (B) Outlays, $33,281,000,000. Fiscal year 2008: (3) General Science, Space, and Technology Fiscal year 2007: (A) New budget authority, $4,331,000,000. (250): (A) New budget authority, $34,767,000,000. (B) Outlays, $4,267,000,000. Fiscal year 2001: (B) Outlays, $34,126,000,000. Fiscal year 2009: (A) New budget authority, $21,043,000,000. Fiscal year 2008: (A) New budget authority, $4,471,000,000. (B) Outlays, $19,612,000,000. (A) New budget authority, $35,691,000,000. (B) Outlays, $4,405,000,000. Fiscal year 2002: (B) Outlays, $34,903,000,000. Fiscal year 2010: (A) New budget authority, $21,583,000,000. Fiscal year 2009: (A) New budget authority, $4,619,000,000. (B) Outlays, $20,725,000,000. (A) New budget authority, $37,064,000,000. (B) Outlays, $4,551,000,000. Fiscal year 2003: (B) Outlays, $36,194,000,000. Fiscal year 2011: (A) New budget authority, $22,055,000,000. Fiscal year 2010: (A) New budget authority, $4,773,000,000. (B) Outlays, $21,361,000,000. (A) New budget authority, $38,111,000,000. (B) Outlays, $4,702,000,000. Fiscal year 2004: (B) Outlays, $37,190,000,000. SEC. 102. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $22,379,000,000. Fiscal year 2011: (B) Outlays, $21,945,000,000. (A) New budget authority, $39,137,000,000. Congress determines and declares that the ap- Fiscal year 2005: (B) Outlays, $38,190,000,000. propriate levels of new budget authority, budget (A) New budget authority, $22,839,000,000. (6) Agriculture (350): outlays, new direct loan obligations, and new (B) Outlays, $22,429,000,000. Fiscal year 2001: primary loan guarantee commitments for fiscal Fiscal year 2006: (A) New budget authority, $31,790,000,000. years 2002 through 2011 for each major func- (A) New budget authority, $23,323,000,000. (B) Outlays, $29,154,000,000. tional category are: (B) Outlays, $22,847,000,000. Fiscal year 2002: (1) National Defense (050): Fiscal year 2007: (A) New budget authority, $26,265,000,000. Fiscal year 2001: (A) New budget authority, $23,812,000,000. (B) Outlays, $24,593,000,000. (A) New budget authority, $316,873,000,000. (B) Outlays, $23,280,000,000. Fiscal year 2003: (B) Outlays, $302,371,000,000. Fiscal year 2008: (A) New budget authority, $26,507,000,000. Fiscal year 2002: (A) New budget authority, $24,303,000,000. (B) Outlays, $24,924,000,000. (A) New budget authority, $324,832,000,000. (B) Outlays, $23,743,000,000. Fiscal year 2004: (B) Outlays, $319,137,000,000. Fiscal year 2009: (A) New budget authority, $26,562,000,000. Fiscal year 2003: (A) New budget authority, $24,816,000,000. (B) Outlays, $25,120,000,000. (A) New budget authority, $333,646,000,000. (B) Outlays, $24,239,000,000. Fiscal year 2005: (B) Outlays, $326,643,000,000. Fiscal year 2010: (A) New budget authority, $26,406,000,000. Fiscal year 2004: (A) New budget authority, $25,335,000,000. (B) Outlays, $24,915,000,000. (A) New budget authority, $342,294,000,000. (B) Outlays, $24,749,000,000. Fiscal year 2006: (B) Outlays, $335,184,000,000. Fiscal year 2011: (A) New budget authority, $25,452,000,000. Fiscal year 2005: (A) New budget authority, $25,879,000,000 (B) Outlays, $23,853,000,000. (A) New budget authority, $350,876,000,000. (B) Outlays, $25,274,000,000. Fiscal year 2007: (B) Outlays, $347,073,000,000. (4) Energy (270): (A) New budget authority, $24,083,000,000. Fiscal year 2006: Fiscal year 2001: (B) Outlays, $22,509,000,000. (A) New budget authority, $359,807,000,000. (A) New budget authority, $1,225,000,000. Fiscal year 2008: (B) Outlays, $353,482,000,000. (B) Outlays, ¥$115,000,000. (A) New budget authority, $22,723,000,000. Fiscal year 2007: Fiscal year 2002: (B) Outlays, $21,134,000,000. (A) New budget authority, $369,023,000,000. (A) New budget authority, $1,360,000,000. Fiscal year 2009: (B) Outlays, $359,774,000,000. (B) Outlays, ¥$19,000,000. (A) New budget authority, $21,921,000,000. Fiscal year 2008: Fiscal year 2003: (B) Outlays, $20,441,000,000. (A) New budget authority, $378,505,000,000. (A) New budget authority, $1,328,000,000. Fiscal year 2010: (B) Outlays, $372,416,000,000. (B) Outlays, ¥$72,000,000. (A) New budget authority, $21,553,000,000. Fiscal year 2009: Fiscal year 2004: (B) Outlays, $20,174,000,000. (A) New budget authority, $388,323,000,000. (A) New budget authority, $1,309,000,000. Fiscal year 2011: (B) Outlays, $382,242,000,000. (B) Outlays, ¥$120,000,000. (A) New budget authority, $21,703,000,000. Fiscal year 2010: Fiscal year 2005: (B) Outlays, $20,319,000,000. (A) New budget authority, $398,338,000,000. (A) New budget authority, $1,254,000,000. (7) Commerce and Housing Credit (370): (B) Outlays, $392,227,000,000. (B) Outlays, ¥$91,000,000. Fiscal year 2001: Fiscal year 2011: Fiscal year 2006: (A) New budget authority, $2,516,000,000. (A) New budget authority, $408,821,000,000. (A) New budget authority, $1,336,000,000. (B) Outlays, ¥$771,000,000. (B) Outlays, $402,579,000,000. (B) Outlays, ¥$3,000,000. Fiscal year 2002: (2) International Affairs (150): Fiscal year 2007: (A) New budget authority, $10,174,000,000. Fiscal year 2001: (A) New budget authority, $1,411,000,000. (B) Outlays, $6,587,000,000. (A) New budget authority, $22,424,000,000. (B) Outlays, $71,000,000. Fiscal year 2003: (B) Outlays, $19,670,000,000. Fiscal year 2008: (A) New budget authority, $11,394,000,000. Fiscal year 2002: (A) New budget authority, $1,882,000,000. (B) Outlays, $5,952,000,000. (A) New budget authority, $23,214,000,000. (B) Outlays, $440,000,000. Fiscal year 2004: (B) Outlays, $19,082,000,000. Fiscal year 2009: (A) New budget authority, $16,042,000,000. Fiscal year 2003: (A) New budget authority, $1,998,000,000. (B) Outlays, $11,733,000,000. (A) New budget authority, $23,750,000,000. (B) Outlays, $579,000,000. Fiscal year 2005: (B) Outlays, $19,554,000,000. Fiscal year 2010: (A) New budget authority, $16,163,000,000. Fiscal year 2004: (A) New budget authority, $2,021,000,000. (B) Outlays, $12,387,000,000. (A) New budget authority, $24,214,000,000. (B) Outlays, $703,000,000. Fiscal year 2006: (B) Outlays, $20,164,000,000. Fiscal year 2011: (A) New budget authority, $16,138,000,000. Fiscal year 2005: (A) New budget authority, $1,990,000,000. (B) Outlays, $11,790,000,000. (A) New budget authority, $24,911,000,000. (B) Outlays, $691,000,000. Fiscal year 2007: (B) Outlays, $20,431,000,000. (5) Natural Resources and Environment (300): (A) New budget authority, $16,245,000,000. Fiscal year 2006: Fiscal year 2001: (B) Outlays, $12,061,000,000. (A) New budget authority, $25,504,000,000. (A) New budget authority, $28,833,000,000. Fiscal year 2008: (B) Outlays, $20,900,000,000. (B) Outlays, $26,361,000,000. (A) New budget authority, $16,404,000,000. Fiscal year 2007: Fiscal year 2002: (B) Outlays, $11,894,000,000. (A) New budget authority, $26,107,000,000. (A) New budget authority, $30,381,000,000. Fiscal year 2009: (B) Outlays, $21,494,000,000. (B) Outlays, $28,652,000,000. (A) New budget authority, $16,479,000,000. Fiscal year 2008: Fiscal year 2003: (B) Outlays, $11,934,000,000. (A) New budget authority, $26,482,000,000. (A) New budget authority, $31,263,000,000. Fiscal year 2010: (B) Outlays, $22,031,000,000. (B) Outlays, $30,368,000,000. (A) New budget authority, $16,597,000,000. Fiscal year 2009: Fiscal year 2004: (B) Outlays, $11,889,000,000. (A) New budget authority, $26,937,000,000. (A) New budget authority, $32,249,000,000. Fiscal year 2011: (B) Outlays, $22,650,000,000. (B) Outlays, $31,506,000,000. (A) New budget authority, $16,714,000,000. Fiscal year 2010: Fiscal year 2005: (B) Outlays, $11,915,000,000.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\A08MY7.013 pfrm02 PsN: H08PT1 H1960 CONGRESSIONAL RECORD — HOUSE May 8, 2001 (8) Transportation (400): (B) Outlays, $87,924,000,000. Fiscal year 2002: Fiscal year 2001: Fiscal year 2007: (A) New budget authority, $273,840,000,000. (A) New budget authority, $62,130,000,000. (A) New budget authority, $91,327,000,000. (B) Outlays, $272,122,000,000. (B) Outlays, $51,681,000,000. (B) Outlays, $89,955,000,000. Fiscal year 2003: Fiscal year 2002: Fiscal year 2008: (A) New budget authority, $283,864,000,000. (A) New budget authority, $64,965,000,000. (A) New budget authority, $93,501,000,000. (B) Outlays, $282,611,000,000. (B) Outlays, $56,167,000,000. (B) Outlays, $92,115,000,000. Fiscal year 2004: Fiscal year 2003: Fiscal year 2009: (A) New budget authority, $295,030,000,000. (A) New budget authority, $62,392,000,000. (A) New budget authority, $95,780,000,000. (B) Outlays, $293,420,000,000. (B) Outlays, $60,521,000,000. (B) Outlays, $94,341,000,000. Fiscal year 2005: Fiscal year 2004: Fiscal year 2010: (A) New budget authority, $309,192,000,000. (A) New budget authority, $64,154,000,000. (A) New budget authority, $98,113,000,000. (B) Outlays, $307,667,000,000. (B) Outlays, $62,662,000,000. (B) Outlays, $96,654,000,000. Fiscal year 2006: Fiscal year 2005: Fiscal year 2011: (A) New budget authority, $316,761,000,000. (A) New budget authority, $65,907,000,000. (A) New budget authority, $100,517,000,000. (B) Outlays, $315,312,000,000. (B) Outlays, $64,225,000,000. (B) Outlays, $99,017,000,000. Fiscal year 2007: Fiscal year 2006: (11) Health (550): (A) New budget authority, $324,056,000,000. (A) New budget authority, $67,794,000,000. Fiscal year 2001: (B) Outlays, $322,627,000,000. (B) Outlays, $65,702,000,000. (A) New budget authority, $180,104,000,000. Fiscal year 2008: Fiscal year 2007: (B) Outlays, $173,012,000,000. (A) New budget authority, $338,278,000,000. (A) New budget authority, $69,637,000,000. Fiscal year 2002: (B) Outlays, $336,950,000,000. (B) Outlays, $66,577,000,000. (A) New budget authority, $198,775,000,000. Fiscal year 2009: Fiscal year 2008: (B) Outlays, $196,668,000,000. (A) New budget authority, $349,561,000,000. (A) New budget authority, $71,490,000,000. Fiscal year 2003: (B) Outlays, $347,987,000,000. (B) Outlays, $67,775,000,000. (A) New budget authority, $221,150,000,000. Fiscal year 2010: Fiscal year 2009: (B) Outlays, $219,770,000,000. (A) New budget authority, $360,308,000,000. (A) New budget authority, $73,377,000,000. Fiscal year 2004: (B) Outlays, $358,600,000,000. (B) Outlays, $69,221,000,000. (A) New budget authority, $235,474,000,000. Fiscal year 2011: Fiscal year 2010: (B) Outlays, $234,672,000,000. (A) New budget authority, $371,593,000,000. (A) New budget authority, $76,412,000,000. Fiscal year 2005: (B) Outlays, $369,419,000,000. (B) Outlays, $70,588,000,000. (A) New budget authority, $242,661,000,000. (14) Social Security (650): Fiscal year 2011: (B) Outlays, $241,084,000,000. Fiscal year 2001: (A) New budget authority, $78,652,000,000. Fiscal year 2006: (A) New budget authority, $9,805,000,000. (B) Outlays, $72,183,000,000. (A) New budget authority, $259,125,000,000. (B) Outlays, $9,805,000,000. (9) Community and Regional Development (B) Outlays, $257,594,000,000. Fiscal year 2002: (450): Fiscal year 2007: (A) New budget authority, $11,004,000,000. Fiscal year 2001: (A) New budget authority, $278,882,000,000. (B) Outlays, $11,003,000,000. (A) New budget authority, $11,225,000,000. (B) Outlays, $276,575,000,000. Fiscal year 2003: (B) Outlays, $11,366,000,000. Fiscal year 2008: (A) New budget authority, $11,733,000,000. Fiscal year 2002: (A) New budget authority, $299,116,000,000. (B) Outlays, $11,733,000,000. (A) New budget authority, $11,892,000,000. (B) Outlays, $297,091,000,000. Fiscal year 2004: (B) Outlays, $11,730,000,000. Fiscal year 2009: (A) New budget authority, $12,496,000,000. Fiscal year 2003: (A) New budget authority, $320,791,000,000. (B) Outlays, $12,496,000,000. (A) New budget authority, $12,067,000,000. (B) Outlays, $319,017,000,000. Fiscal year 2005: (B) Outlays, $11,731,000,000. Fiscal year 2010: (A) New budget authority, $13,308,000,000. Fiscal year 2004: (A) New budget authority, $345,380,000,000. (B) Outlays, $13,308,000,000. (A) New budget authority, $12,350,000,000. (B) Outlays, $343,729,000,000. Fiscal year 2006: (B) Outlays, $11,967,000,000. Fiscal year 2011: (A) New budget authority, $14,207,000,000. Fiscal year 2005: (A) New budget authority, $372,407,000,000. (B) Outlays, $14,207,000,000. (A) New budget authority, $12,664,000,000. (B) Outlays, $370,945,000,000. Fiscal year 2007: (B) Outlays, $11,913,000,000. (12) Medicare (570): (A) New budget authority, $15,168,000,000. Fiscal year 2006: Fiscal year 2001: (B) Outlays, $15,168,000,000. (A) New budget authority, $12,933,000,000. (A) New budget authority, $217,531,000,000. Fiscal year 2008: (B) Outlays, $11,936,000,000. (B) Outlays, $217,708,000,000. (A) New budget authority, $16,241,000,000. Fiscal year 2007: Fiscal year 2002: (B) Outlays, $16,241,000,000. (A) New budget authority, $13,198,000,000. (A) New budget authority, $229,179,000,000. Fiscal year 2009: (B) Outlays, $12,181,000,000. (B) Outlays, $229,121,000,000. (A) New budget authority, $17,483,000,000. Fiscal year 2008: Fiscal year 2003: (B) Outlays, $17,483,000,000. (A) New budget authority, $13,476,000,000. (A) New budget authority, $244,838,000,000. Fiscal year 2010: (B) Outlays, $12,444,000,000. (B) Outlays, $244,596,000,000. (A) New budget authority, $18,878,000,000. Fiscal year 2009: Fiscal year 2004: (B) Outlays, $18,878,000,000. (A) New budget authority, $13,759,000,000. (A) New budget authority, $271,378,000,000. Fiscal year 2011: (B) Outlays, $12,696,000,000. (B) Outlays, $271,579,000,000. (A) New budget authority, $20,388,000,000. Fiscal year 2010: Fiscal year 2005: (B) Outlays, $20,388,000,000. (A) New budget authority, $14,048,000,000. (A) New budget authority, $306,158,000,000. (15) Veterans Benefits and Services (700): (B) Outlays, $12,962,000,000. (B) Outlays, $306,079,000,000. Fiscal year 2001: Fiscal year 2011: Fiscal year 2006: (A) New budget authority, $46,675,000,000. (A) New budget authority, $14,340,000,000. (A) New budget authority, $326,564,000,000. (B) Outlays, $45,926,000,000. (B) Outlays, $13,233,000,000. (B) Outlays, $326,298,000,000. Fiscal year 2002: (10) Education, Training, Employment, and Fiscal year 2007: (A) New budget authority, $51,512,000,000. Social Services (500): (A) New budget authority, $363,686,000,000. (B) Outlays, $50,921,000,000. Fiscal year 2001: (B) Outlays, $363,901,000,000. Fiscal year 2003: (A) New budget authority, $76,951,000,000. Fiscal year 2008: (A) New budget authority, $53,801,000,000. (B) Outlays, $69,850,000,000. (A) New budget authority, $393,686,000,000. (B) Outlays, $53,408,000,000. Fiscal year 2002: (B) Outlays, $393,578,000,000. Fiscal year 2004: (A) New budget authority, $81,234,000,000. Fiscal year 2009: (A) New budget authority, $56,161,000,000. (B) Outlays, $76,742,000,000. (A) New budget authority, $424,278,000,000. (B) Outlays, $55,744,000,000. Fiscal year 2003: (B) Outlays, $423,993,000,000. Fiscal year 2005: (A) New budget authority, $82,805,000,000. Fiscal year 2010: (A) New budget authority, $60,317,000,000. (B) Outlays, $81,479,000,000. (A) New budget authority, $458,957,000,000. (B) Outlays, $59,847,000,000. Fiscal year 2004: (B) Outlays, $459,194,000,000. Fiscal year 2006: (A) New budget authority, $84,386,000,000. Fiscal year 2011: (A) New budget authority, $59,863,000,000. (B) Outlays, $83,574,000,000. (A) New budget authority, $497,379,000,000. (B) Outlays, $59,368,000,000. Fiscal year 2005: (B) Outlays, $497,366,000,000. Fiscal year 2007: (A) New budget authority, $87,122,000.000. (13) Income Security (600): (A) New budget authority, $59,345,000,000. (B) Outlays, $85,819,000,000. Fiscal year 2001: (B) Outlays, $58,853,000,000. Fiscal year 2006: (A) New budget authority, $255,942,000,000. Fiscal year 2008: (A) New budget authority, $89,233,000,000. (B) Outlays, $256,932,000,000. (A) New budget authority, $63,407,000,000.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 6333 E:\CR\FM\A08MY7.015 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1961 (B) Outlays, $62,971,000,000. Fiscal year 2004: (B) Outlays, ¥$51,778,000,000. Fiscal year 2009: (A) New budget authority, $247,310,000,000. Fiscal year 2011: (A) New budget authority, $64,981,000,000. (B) Outlays, $247,310,000,000. (A) New budget authority, ¥$53,287,000,000. (B) Outlays, $64,570,000,000. Fiscal year 2005: (B) Outlays, ¥$53,287,000,000. Fiscal year 2010: (A) New budget authority, $240,115,000,000. SEC. 103. RECONCILIATION IN THE SENATE. (A) New budget authority, $66,973,000,000. (B) Outlays, $240,115,000,000. (a) IN GENERAL.—Subject to subsection (b), (B) Outlays, $66,555,000,000. Fiscal year 2006: the Senate Committee on Finance shall report a Fiscal year 2011: (A) New budget authority, $235,642,000,000. reconciliation bill not later than May 18, 2001, (A) New budget authority, $69,063,000,000. (B) Outlays, $235,642,000,000. that consists of changes in laws within its juris- (B) Outlays, $68,632,000,000. Fiscal year 2007: diction sufficient to reduce revenues by not more (16) Administration of Justice (750): (A) New budget authority, $232,136,000,000. than $1,250,000,000,000 and increase the total Fiscal year 2001: (B) Outlays, $232,136,000,000. level of outlays by not more than (A) New budget authority, $30,577,000,000. Fiscal year 2008: $100,000,000,000 for the period of fiscal years (B) Outlays, $30,003,000,000. (A) New budget authority, $227,484,000,000. 2001 through 2011: Provided, That Fiscal year 2002: (B) Outlays, $227,484,000,000. $100,000,000,000 of these revenues and outlays (A) New budget authority, $32,431,000,000. Fiscal year 2009: shall only be available for fiscal years 2001 (B) Outlays, $31,436,000,000. (A) New budget authority, $221,933,000,000. through 2002. Fiscal year 2003: (B) Outlays, $221,933,000,000. (b) SURPLUS.—Legislation described in sub- (A) New budget authority, $32,545,000,000. Fiscal year 2010: section (a) may not, when taken together with (B) Outlays, $32,809,000,000. (A) New budget authority, $214,899,000,000. all other previously-enacted legislation (except Fiscal year 2004: (B) Outlays, $214,899,000,000. for legislation enacted pursuant to section 211), (A) New budget authority, $35,330,000,000. Fiscal year 2011: reduce the on-budget surplus below the level of (B) Outlays, $35,543,000,000. (A) New budget authority, $207,328,000,000. the Medicare Hospital Insurance Trust Fund Fiscal year 2005: (B) Outlays, $207,328,000,000. surplus in any fiscal year covered by this reso- (A) New budget authority, $36,420,000,000. (19) Allowances (920): lution. (B) Outlays, $36,347,000,000. Fiscal year 2001: (c) SENSE OF CONGRESS.—It is the sense of the Fiscal year 2006: (A) New budget authority, $84,528,000,000. Congress that of the total amount reconciled in (A) New budget authority, $37,466,000,000. (B) Outlays, $84,697,000,000. subsection (a), $100,000,000,000 will be for an (B) Outlays, $37,036,000,000. Fiscal year 2002: economic stimulus package over the next 2 Fiscal year 2007: (A) New budget authority, ¥$103,548,000,000. years. ¥ (A) New budget authority, $38,543,000,000. (B) Outlays, $99,379,000,000. SEC. 104. RECONCILIATION IN THE HOUSE. (B) Outlays, $38,013,000,000. Fiscal year 2003: (a) IN GENERAL.—Subject to subsection (b), Fiscal year 2008: (A) New budget authority, ¥$6,115,000,000. the Committee on Ways and Means of the House (A) New budget authority, $39,665,000,000. (B) Outlays, ¥$5,222,000,000. of Representatives shall report to the House of (B) Outlays, $39,152,000,000. Fiscal year 2004: Representatives a reconciliation bill not later Fiscal year 2009: (A) New budget authority, ¥$6,268,000,000. than May 18, 2001 that consists of changes in (A) New budget authority, $40,822,000,000. (B) Outlays, ¥$5,912,000,000. laws within its jurisdiction sufficient to reduce (B) Outlays, $40,292,000,000. Fiscal year 2005: revenues by not more than $1,250,000,000,000 for Fiscal year 2010: (A) New budget authority, ¥$6,423,000,000. the period of years 2001 through 2011 and the (A) New budget authority, $42,021,000,000. (B) Outlays, ¥$6,263,000,000. total level of outlays may be increased by not (B) Outlays, $41,483,000,000. Fiscal year 2006: more than $100,000,000,000 for the period of fis- Fiscal year 2011: (A) New budget authority, ¥$6,580,000,000. (A) New budget authority, $43,284,000,000. (B) Outlays, ¥$6,503,000,000. cal years 2001 through 2011. (b) SURPLUS.—Legislation described in sub- (B) Outlays, $42,728,000,000. Fiscal year 2007: section (a) may not, when taken together with (17) General Government (800): (A) New budget authority, ¥$6,744,000,000. all other previously-enacted legislation (except Fiscal year 2001: (B) Outlays, ¥$6,665,000,000. (A) New budget authority, $16,307,000,000. Fiscal year 2008: for legislation enacted pursuant to section 211), (B) Outlays, $16,065,000,000. (A) New budget authority, ¥$6,908,000,000. reduce the on-budget surplus below the level of Fiscal year 2002: (B) Outlays, ¥$6,828,000,000. the Medicare Hospital Insurance Trust Fund (A) New budget authority, $16,496,000,000. Fiscal year 2009: surplus in any fiscal year covered by this reso- (B) Outlays, $16,193,000,000. (A) New budget authority, ¥$7,079,000,000. lution. Fiscal year 2003: (B) Outlays, ¥$6,994,000,000. (c) SENSE OF CONGRESS.—It is the sense of the (A) New budget authority, $16,651,000,000. Fiscal year 2010: Congress that of the total amount reconciled in (B) Outlays, $16,493,000,000. (A) New budget authority, ¥$7,251,000,000. subsection (a), $100,000,000,000 will be for an Fiscal year 2004: (B) Outlays, ¥$7,165,000,000. economic stimulus package over the next 2 (A) New budget authority, $17,082,000,000. Fiscal year 2011: years. (B) Outlays, $16,978,000,000. (A) New budget authority, ¥$7,429,000,000. TITLE II—BUDGET ENFORCEMENT AND Fiscal year 2005: (B) Outlays, ¥$7,340,000,000. RULEMAKING (A) New budget authority, $17,560,000,000. (20) Undistributed Offsetting Receipts (950): Subtitle A—Budget Enforcement (B) Outlays, $17,201,000,000. Fiscal year 2001: SEC. 201. RESTRICTIONS ON ADVANCE APPRO- Fiscal year 2006: (A) New budget authority, ¥$38,265,000,000. PRIATIONS IN THE HOUSE. ¥ (A) New budget authority, $18,068,000,000. (B) Outlays, $38,265,000,000. (a) IN GENERAL.—(1) In the House, except as (B) Outlays, $17,641,000,000. Fiscal year 2002: provided in subsection (b), an advance appro- Fiscal year 2007: (A) New budget authority, ¥$38,803,000,000. priation may not be reported in a bill or joint (A) New budget authority, $18,609,000,000. (B) Outlays, ¥$38,803,000,000. resolution making a general appropriation or (B) Outlays, $18,144,000,000. Fiscal year 2003: continuing appropriation, and may not be in Fiscal year 2008: (A) New budget authority, ¥$49,508,000,000. order as an amendment thereto. (A) New budget authority, $18,791,000,000. (B) Outlays, ¥$49,508,000,000. (2) Managers on the part of the House may (B) Outlays, $18,445,000,000. Fiscal year 2004: not agree to a Senate amendment that would Fiscal year 2009: (A) New budget authority, ¥$56,315,000,000. violate paragraph (1) unless specific authority (A) New budget authority, $19,377,000,000. (B) Outlays, ¥$56,315,000,000. to agree to the amendment first is given by the (B) Outlays, $18,882,000,000. Fiscal year 2005: House by a separate vote with respect thereto. Fiscal year 2010: (A) New budget authority, ¥$46,463,000,000. (b) EXCEPTION.—In the House, an advance (A) New budget authority, $19,968,000,000. (B) Outlays, ¥$46,463,000,000. appropriation may be provided— (B) Outlays, $19,437,000,000. Fiscal year 2006: (1) for fiscal year 2003 for programs, projects, Fiscal year 2011: (A) New budget authority, ¥$50,461,000,000. activities or accounts identified in the joint ex- (A) New budget authority, $20,599,000,000. (B) Outlays, ¥$50,461,000,000. planatory statement of managers accompanying (B) Outlays, $20,048,000,000. Fiscal year 2007: this resolution under the heading ‘‘Accounts (18) Net Interest (900): (A) New budget authority, ¥$48,179,000,000. Identified for Advance Appropriations’’ in an Fiscal year 2001: (B) Outlays, ¥$48,179,000,000. aggregate amount not to exceed $23,159,000,000 (A) New budget authority, $275,467,000,000. Fiscal year 2008: in new budget authority; and (B) Outlays, $275,467,000,000. (A) New budget authority, ¥$49,141,000,000. (2) for the Corporation for Public Broad- Fiscal year 2002: (B) Outlays, ¥$49,141,000,000. casting. (A) New budget authority, $259,162,000,000. Fiscal year 2009: (c) DEFINITION.—In this section, the term ‘‘ad- (B) Outlays, $259,162,000,000. (A) New budget authority, ¥$50,203,000,000. vance appropriation’’ means any discretionary Fiscal year 2003: (B) Outlays, ¥$50,203,000,000. new budget authority in a bill or joint resolu- (A) New budget authority, $252,364,000,000. Fiscal year 2010: tion making general appropriations or con- (B) Outlays, $252,364,000,000. (A) New budget authority, ¥$51,778,000,000. tinuing appropriations for fiscal year 2002 that

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first becomes available for any fiscal year after ever a bill or joint resolution becomes law that (b) MEDICARE PAYMENTS TO HOME HEALTH 2002. increases the discretionary spending limit for AGENCIES.— SEC. 202. RESTRICTIONS ON ADVANCE APPRO- fiscal year 2002 set out in section 251(c) of the (1) IN GENERAL.—Subject to paragraph (2), if PRIATIONS IN THE SENATE. Balanced Budget and Emergency Deficit Con- the Senate Committee on Finance or the House (a) IN GENERAL.—Except as provided in sub- trol Act of 1985, the chairman of the Committee Committee on Ways and Means or Committee on section (b), it shall not be in order in the Senate on the Budget of the Senate shall increase the Energy and Commerce report a bill, or if an to consider any reported bill or joint resolution, allocation called for in section 302(a) of the amendment thereto is offered or a conference re- or amendment thereto or conference report Congressional Budget Act of 1974 (2 U.S.C. port thereon is submitted, that repeals the 15 thereon, that would provide an advance appro- 633(a)) to the appropriate Committee on Appro- percent reduction in payments under the medi- priation. priations and shall also appropriately adjust all care program to home health agencies enacted (b) EXCEPTION.—An advance appropriation other budgetary aggregates and levels contained by the Balanced Budget Act of 1997 and now may be provided— in this resolution. scheduled to go into effect on October 1, 2002, (1) for fiscal year 2003 for programs, projects, (c) SENATE DEFENSE FIREWALL.— the appropriate chairman of the Committee on activities or accounts identified in the joint ex- (1) DEFINITION.—In this subsection, for pur- the Budget may increase the allocation of new planatory statement of managers accompanying poses of enforcement in the Senate for fiscal budget authority and outlays to that committee this resolution under the heading ‘‘Accounts year 2002, the term ‘‘discretionary spending and other appropriate budgetary aggregates and Identified for Advance Appropriations’’ in an limit’’ means— levels by the amount the amount provided by aggregate amount not to exceed $23,159,000,000 (A) for the defense category, $325,070,000,000 that measure for that purpose, but not to exceed in new budget authority; and in new budget authority; and $0 in new budget authority and outlays in 2002, (2) for the Corporation for Public Broad- (B) for the nondefense category, $4,000,000,000 for the period 2002 through 2006, casting. $336,230,000,000 in new budget authority. and $13,700,000,000 for the period 2002 through (c) APPLICATION OF POINT OF ORDER IN THE (2) POINT OF ORDER IN THE SENATE.— 2011. SENATE.— (A) IN GENERAL.—After the adjustment to the (2) SURPLUS.—Legislation described in para- (1) WAIVER AND APPEAL.—In the Senate, subsection 302(a) allocation to the Committee on graph (1) may not, when taken together with all section (a) may be waived or suspended in the Appropriations is made pursuant to subsection other previously-enacted legislation (except for Senate only by an affirmative vote of three- (b) and except as provided in subparagraph (B), legislation enacted pursuant to subsection (a)), fifths of the Members, duly chosen and sworn. it shall not be in order in the Senate to consider reduce the on-budget surplus below the level of An affirmative vote of three-fifths of the Mem- any bill, joint resolution, amendment, motion, or the Medicare Hospital Insurance Trust Fund bers of the Senate, duly chosen and sworn, shall conference report that exceeds any discretionary surplus in any fiscal year covered by this reso- be required in the Senate to sustain an appeal spending limit set forth in this subsection. lution. of the ruling of the Chair on a point of order (B) EXCEPTION.—This paragraph shall not SEC. 212. RESERVE FUND FOR FAMILY OPPOR- raised under subsection (a). apply if a declaration of war by Congress is in TUNITY ACT. (2) FORM OF THE POINT OF ORDER.—A point of effect. (a) IN GENERAL.—Subject to subsection (b), if order under subsection (a) may be raised by a (3) WAIVER AND APPEAL.—This subsection may the Committee on Finance of the Senate or the Senator as provided in section 313(e) of the Con- be waived or suspended in the Senate only by Committee on Energy and Commerce of the gressional Budget Act of 1974. an affirmative vote of three-fifths of the Mem- House of Representatives reports a bill or joint (3) CONFERENCE REPORTS.—If a point of order bers, duly chosen and sworn. An affirmative resolution, or if an amendment thereto is offered is sustained under subsection (a) against a con- vote of three-fifths of the Members of the Sen- or a conference report thereon is submitted, that ference report in the Senate, the report shall be ate, duly chosen and sworn, shall be required in provides States with the opportunity to expand disposed of as provided in section 313(d) of the the Senate to sustain an appeal of the ruling of medicaid coverage for children with special Congressional Budget Act of 1974. the Chair on a point of order raised under this needs, allowing families of disabled children (d) DEFINITION.—In this section, the term subsection. with the opportunity to purchase coverage ‘‘advance appropriation’’ means any discre- under the medicaid program for such children SEC. 204. COMPLIANCE WITH SECTION 13301 OF tionary new budget authority in a bill or joint (commonly referred to as the ‘‘Family Oppor- resolution making general appropriations or THE BUDGET ENFORCEMENT ACT OF 1990. tunity Act of 2001’’), the appropriate chairman continuing appropriations for fiscal year 2002 (a) IN GENERAL.—In the House of Representa- of the Committee on the Budget may revise com- that first becomes available for any fiscal year tives, notwithstanding section 302(a)(1) of the mittee allocations for that committee and other after 2002. Congressional Budget Act of 1974 and section appropriate budgetary aggregates and alloca- (e) SENSE OF CONGRESS.—It is the sense of 13301 of the Budget Enforcement Act of 1990, the tions of new budget authority (and the outlays Congress that the Budget Enforcement Act of resulting therefrom) in this resolution by the 1990 should be amended to address procedures joint explanatory statement accompanying the conference report on any concurrent resolution amount provided by that measure for that pur- for advance appropriations for fiscal years be- pose, but not to exceed $227,000,000 in new budg- ginning with fiscal year 2003. on the budget shall include in its allocation under section 302(a) of such Act to the Com- et authority and $180,000,000 in outlays for fis- SEC. 203. MECHANISM FOR IMPLEMENTING IN- cal year 2002, $3,035,000,000 in new budget au- CREASE OF FISCAL YEAR 2002 DIS- mittee on Appropriations amounts for the discretionary administrative expenses of the Social Se- thority and $2,724,000,000 in outlays for the pe- CRETIONARY SPENDING LIMITS. riod of fiscal years 2002 through 2006, and (a) FINDINGS.—The Senate finds the following: curity Administration. $8,337,000,000 in new budget authority and (1) Unless and until the discretionary spend- (b) SPECIAL RULE.—In the House of Rep- $7,867,000,000 in outlays for the period of fiscal ing limit for fiscal year 2002 (as set out in sec- resentatives, for purposes of applying section years 2002 through 2011. tion 251(c) of the Balanced Budget and Emer- 302(f) of the Congressional Budget Act of 1974, (b) SURPLUS.—Legislation described in sub- gency Deficit Control Act of 1985) is increased, estimates of the level of total new budget authority and total outlays provided by a measure section (a) may not, when taken together with aggregate appropriations which exceed the cur- all other previously-enacted legislation (except rent law limits would still be out of order in the shall include any discretionary amounts provided for the Social Security Administration. for legislation enacted pursuant to section 211), Senate and subject to a supermajority vote. reduce the on-budget surplus below the level of (2) Except for a necessary adjustment in- Subtitle B—Reserve Funds the Medicare Hospital Insurance Trust Fund cluded in function 920 (to comply with section SEC. 211. RESERVE FUND FOR MEDICARE. surplus in any fiscal year covered by this reso- 312(b) of the Congressional Budget Act of 1974), (a) MEDICARE REFORM AND PRESCRIPTION lution. the functional totals contained in this concur- DRUGS.—If the Committee on Finance of the rent resolution envision a level of discretionary SEC. 213. RESERVE FUND FOR AGRICULTURE . Senate or the Committee on Ways and Means or spending for fiscal year 2002 as follows: (a) IN GENERAL.—(1) Subject to subsection (b), the Committee on Energy and Commerce of the (A) For the discretionary category: if the Committee on Agriculture, Nutrition, and House of Representatives reports a bill or joint $659,540,000,000 in new budget authority and Forestry of the Senate or the Committee on Agri- resolution, or an amendment is offered thereto, $647,780,000,000 in outlays. culture of the House of Representatives reports (B) For the highway category: $28,489,000,000 or a conference report thereon is submitted, a bill, or an amendment thereto is offered, or a in outlays. which reforms the medicare program under title conference report thereon is submitted, to reau- (C) For the mass transit category: XVIII of the Social Security Act (42 U.S.C. 1395 thorize the Federal Agriculture Improvement $5,275,000,000 in outlays. et seq.) and improves the access of beneficiaries Act of 1996, title I of that Act, and other appro- (D) For the conservation category: under that program to prescription drugs, the priate agricultural production legislation, the $1,760,000,000 in new budget authority and appropriate chairman of the Committee on the appropriate Chairman of the Committee on the $1,232,000,000 in outlays. Budget may revise committee allocations for Budget may increase the allocation of new (3) To facilitate the Senate completing its leg- that committee and other appropriate budgetary budget authority and outlays to that committee islative responsibilities for the 1st Session of the aggregates and allocations of new budget au- for fiscal years 2003 through 2011 by the amount 107th Congress in a timely fashion, it is impera- thority (and the outlays resulting therefrom) in of new budget authority (and the outlays result- tive that the Senate consider legislation which this resolution by the amount provided by that ing therefrom) provided by that measure for that establishes appropriate discretionary spending measure for that purpose, but not to exceed $0 purpose not to exceed $66,150,000,000 in new limits for fiscal year 2002 through 2006 as soon for fiscal year 2002, $59,100,000,000 for the period budget authority and outlays for fiscal years as possible. of fiscal years 2002 through 2006, and 2003 through 2011. (b) ADJUSTMENT TO ALLOCATIONS AND OTHER $300,000,000,000 for the period of fiscal years (2) In the House of Representatives, if an ad- BUDGETARY AGGREGATES AND LEVELS.—When- 2002 through 2011. justment is made under paragraph (1), the

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\CR\FM\A08MY7.020 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1963 Chairman of the Committee on the Budget may vides health insurance for the uninsured (in- tion enacted pursuant to section 211), reduce the adjust the fiscal year 2002 level by an amount cluding a measure providing for tax deductions on-budget surplus below the level of the Medi- not to exceed the adjustment that is made for for the purchase of health insurance for, among care Hospital Insurance Trust Fund surplus in fiscal year 2003 (and reduce the adjustment others, moderate income individuals not receiv- any fiscal year covered by this resolution. made for fiscal year 2003 by that amount). ing health insurance from their employers), the Subtitle C—Miscellaneous Provisions (b) SURPLUS.—Legislation described in sub- appropriate chairman of the Committee on the SEC. 221. APPLICATION AND EFFECT OF CHANGES section (a) may not, when taken together with Budget may revise committee allocations for IN ALLOCATIONS AND AGGREGATES. all other previously-enacted legislation (except that committee and other appropriate budgetary (a) APPLICATION.—Any adjustments of alloca- for legislation enacted pursuant to section 211), aggregates and allocations of new budget au- tions and aggregates made pursuant to this res- reduce the on-budget surplus below the level of thority (and the outlays resulting therefrom) olution shall— the Medicare Hospital Insurance Trust Fund and may revise the revenue aggregates and (1) apply while that measure is under consid- surplus in any fiscal year covered by this reso- other appropriate budgetary aggregates and al- eration; lution. locations in this resolution by the amount pro- (2) take effect upon the enactment of that SEC. 214. RESERVE FUND FOR ADDITIONAL TAX vided by that measure for that purpose, but not measure; and CUTS AND DEBT REDUCTION. to exceed $28,000,000,000 in new budget author- (3) be published in the Congressional Record If the report provided pursuant to section ity and outlays for the period of fiscal years as soon as practicable. 202(e)(2) of the Congressional Budget Act of 2002 through 2004 or $28,000,000,000 in revenues (b) EFFECT OF CHANGED ALLOCATIONS AND AG- 1974, the budget and economic outlook: update for the period of fiscal years 2002 through 2004 GREGATES.—Revised allocations and aggregates (for fiscal years 2002 through 2011), estimates an or any combination of budget authority and resulting from these adjustments shall be consid- on-budget surplus for any of fiscal years 2001 outlays or revenues as long as the sum of all re- ered for the purposes of the Congressional through 2011 that exceeds the estimated on- visions does not exceed $28,000,000,000. The Budget Act of 1974 as allocations and aggregates budget surplus set forth in the Congressional chairman of the appropriate Committee on the contained in this resolution. Budget Office’s January 2001 budget and eco- Budget is authorized to allocate these resources (c) BUDGET COMMITTEE DETERMINATIONS.— nomic outlook for such fiscal year, the chairman over a period of time longer than that specified For purposes of this resolution— of the Committee on the Budget of the House in the previous sentence. (1) the levels of new budget authority, out- may, in an amount not to exceed the increase in (b) SURPLUS.—Legislation described in sub- lays, direct spending, new entitlement author- such surplus for that fiscal year— section (a) may not, when taken together with ity, revenues, deficits, and surpluses for a fiscal (1) reduce the recommended level of Federal all other previously-enacted legislation (except year or period of fiscal years shall be determined revenues and make other appropriate adjust- for legislation enacted pursuant to section 211), on the basis of estimates made by the Commit- ments (including the reconciliation instructions) reduce the on-budget surplus below the level of tees on the Budget of the House of Representa- for that fiscal year; the Medicare Hospital Insurance Trust Fund tives and the Senate; and (2) reduce the appropriate level of the public surplus in any fiscal year covered by this reso- (2) such chairman, as applicable, may make debt, increase the amount of the surplus, and lution. any other necessary adjustments to such levels make other appropriate adjustments for that fis- SEC. 217. RESERVE FUND FOR DEFENSE IN THE to carry out this resolution. cal year; or SENATE. (d) ENFORCEMENT IN THE HOUSE.— (3) any combination of paragraphs (1) and (2). (a) IN GENERAL.—Subject to subsection (b), if (1) IN GENERAL.—In the House of Representa- SEC. 215. TECHNICAL RESERVE FUND FOR STU- the President submits a budget amendment and tives, for the purpose of enforcing this concur- DENT LOANS. the Committee on Appropriations or the Com- rent resolution, sections 302(f) and 311(a) of the (a) IN GENERAL.—Subject to subsection (b), if mittee on Armed Services of the Senate reports a Congressional Budget Act of 1974 shall apply to the Committee on Health, Education, Labor, bill, or an amendment thereto is offered, or a fiscal year 2002 and the total for fiscal year 2002 and Pensions of the Senate reports a bill, or an conference report thereon is submitted, that pro- and the four ensuing fiscal years. amendment thereto is offered, or a conference vides additional resources for defense spending (2) APPROPRIATE LEVELS.—For purposes of en- report thereon is submitted, or the Committee on in response to the recommendations of the Presi- forcement of the Congressional Budget Act of Education and the Workforce of the House of dent’s National Defense Review, the Chairman 1974 in the House of Representatives, the appro- Representatives reports a bill, or an amendment of the Committee on the Budget may increase priate levels of total new budget authority and is offered, or a conference report is submitted, the allocation of new budget authority and out- total budget outlays for fiscal years 2002 that provides additional resources for legislation lays to that committee for fiscal year 2002 by the through 2011 prescribed by this resolution pur- that repeals the replacement interest rate struc- amount of new budget authority (and the out- suant to section 301(a)(1) of such Act shall be ture for student loans scheduled to occur on lays resulting therefrom) provided by that meas- based upon the table entitled ‘‘Conference Re- July 1, 2003, the appropriate Chairman of the ure for that purpose. port Fiscal Year 2002, Budget Resolution Total Committee on the Budget may increase the allo- (b) SURPLUS.—Legislation described in sub- Spending and Revenues’’ in conjunction with cation of new budget authority and outlays to section (a) may not, when taken together with the provisions of title II of this resolution. the appropriate committee— all other previously-enacted legislation (except (e) ENFORCEMENT IN THE SENATE.—The Sen- (1) for fiscal years 2001 and 2002 by the for legislation enacted pursuant to section 211), ate, for purposes of enforcement of the Congres- amount of new budget authority (and the out- reduce the on-budget surplus below the level of sional Budget Act of 1974 and this resolution, lays resulting therefrom) provided by that meas- the Medicare Hospital Insurance Trust Fund measures discharged pursuant to Senate Resolu- ure for that purpose not to exceed $110,000,000 in surplus in any fiscal year covered by this reso- tion 8 shall be considered as if the measure had new budget authority and $100,000,000 outlays; lution. been reported from the committee of jurisdiction. (2) for fiscal years 2001 through 2006 by the SEC. 218. STRATEGIC RESERVE FUND IN THE SEC. 222. EXERCISE OF RULEMAKING POWERS. amount of new budget authority (and the out- HOUSE. Congress adopts the provisions of this title— lays resulting therefrom) provided by that meas- (a) ADJUSTMENTS.—In the House of Represent- (1) as an exercise of the rulemaking power of ure for that purpose not to exceed $3,440,000,000 atives, the chairman of the Committee on the the Senate and the House of Representatives, rein new budget authority and $2,840,000,000 out- Budget may adjust the appropriate aggregates spectively, and as such they shall be considered lays; and and committee allocations of new budget au- as part of the rules of each House, or of that (3) for fiscal years 2001 through 2011 by the thority (and outlays flowing therefrom) for fis- House to which they specifically apply, and amount of new budget authority (and the out- cal year 2002 for a bill making appropriations such rules shall supersede other rules only to lays resulting therefrom) provided by that meas- for the Department of Defense and, for fiscal the extent that they are inconsistent therewith; ure for that purpose not to exceed $7,665,000,000 years 2002 through 2011, a bill making author- and in new budget authority and $6,590,000,000 out- izations for the Department of Defense, a bill (2) with full recognition of the constitutional lays. providing a prescription drug benefit, and any right of either House to change those rules (so (b) SURPLUS.—Legislation described in sub- other appropriate legislation. The chairman far as they relate to that House) at any time, in section (a) may not, when taken together with may also make adjustments for amendments to the same manner, and to the same extent as in all other previously-enacted legislation (except or conference reports on such bills. In making the case of any other rule of that House. for legislation enacted pursuant to section 211), adjustments under this subsection, the chairman TITLE III—SENSE OF THE SENATE AND reduce the on-budget surplus below the level of shall consider, as appropriate, the recommenda- CONGRESS PROVISIONS the Medicare Hospital Insurance Trust Fund tions of the President’s National Defense Review surplus in any fiscal year covered by this reso- and any statement of administrative policy or Subtitle A—Sense of the Senate lution. supplemental budget request relating to any leg- SEC. 301. SENSE OF THE SENATE ON CONSERVA- SEC. 216. RESERVE FUND FOR HEALTH INSUR- islation referred to in this subsection. TION. ANCE FOR THE UNINSURED. (b) LIMITATIONS.—(1) The adjustments for any It is the sense of the Senate that conservation (a) IN GENERAL.—Subject to subsection (b), if bill referred to in subsection (a) shall be in an funding is a priority of the One Hundred Sev- the Committee on Finance of the Senate or the amount not to exceed the amount by which such enth Congress. Committee on Energy and Commerce or Com- bill breaches the applicable allocation or aggre- SEC. 302. SENSE OF THE SENATE ON AIDS AND mittee on Ways and Means of the House of Rep- gate. OTHER INFECTIOUS DISEASES. resentatives report a bill or joint resolution, or (2) Legislation described in subsection (a) may Notwithstanding any other provision of this an amendment thereto is offered, or a con- not, when taken together with all other pre- resolution, it is the sense of the Senate that: ference report thereon is submitted, that pro- viously-enacted legislation (except for legisla- (1) FINDINGS.—The Senate finds the following:

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\CR\FM\A08MY7.022 pfrm02 PsN: H08PT1 H1964 CONGRESSIONAL RECORD — HOUSE May 8, 2001 (A) HIV/AIDS, having already infected over (2) reduce the number of personnel of an al- able for investment, including 40 percent of 58 million people worldwide, is devastating the ready streamlined workforce; and Caucasian children and 73 percent of African- health, economies, and social structures in doz- (3) reduce operations in a manner that would American children. ens of countries in Africa, and increasingly in have a detrimental impact on the sustainability (4) Up to 20 percent of all United States Asia, the Caribbean and Eastern Europe. of valuable fish stocks in the North Atlantic and households do not deposit their savings in fi- (B) AIDS has wiped out decades of progress in Pacific Northwest and its capacity to stem the nancial institutions and, thus, do not have ac- improving the lives of families in the developing flow of illicit drugs and illegal immigration into cess to the basic financial tools that make asset world. As the leading cause of death in Africa, the United States. accumulation possible. AIDS has killed 17 million and will claim the SEC. 306. STRENGTHENING OUR NATIONAL FOOD (5) Public policy can have either a positive or lives of one quarter of the population, mostly SAFETY INFRASTRUCTURE. a negative impact on asset accumulation. Tradi- productive adults, in the next decade. In addi- (a) FINDING.—The Senate finds that the tional public assistance programs based on in- tion, 13 million children have been orphaned by United States food supply is one of the safest in come and consumption have rarely been success- AIDS—a number that will rise to 40 million by the world, but in order to maintain the integrity ful in supporting the transition to economic self- 2010. of our food supply in the face of emerging sufficiency. Tax policy, through $288,000,000,000 (C) The Agency for International Develop- threats, we must make the necessary invest- in annual tax incentives, has helped lay the ment, along with the Centers for Disease Con- ments now, in a time of surplus. foundation for the great middle class. trol, Department of Labor, and Department of (b) SENSE OF THE SENATE.—It is the sense of (6) Lacking an income tax liability, low-in- Defense have been at the forefront of the inter- the Senate that the levels in this resolution as- come working families cannot take advantage of national battle to control HIV/AIDS, with global sume that the appropriate amount should be in- asset development incentives available through assistance totaling $330,000,000 from the United vested at the Food and Drug Administration the Federal tax code. States Agency for International Development and the Center for Disease Control food activi- (7) Individual Development Accounts have and $136,000,000 from other agencies in fiscal ties next year in order to strengthen our na- proven to be successful in helping low-income year 2001, primarily focused on targeted preven- tional food safety infrastructure by— working families save and accumulate assets. tion programs. (1) increasing the number of inspectors within Individual Development Accounts have been (D) While prevention is key, treatment and the Food and Drug Administration to enable the used to purchase long-term, high-return assets, care for those affected by HIV/AIDS is an in- Food and Drug Administration to inspect high- including homes, postsecondary education and creasingly critical component of the global re- risk sites at least annually; training, and small business. sponse. Improving health systems, providing (2) supporting research that enables us to (b) SENSE OF CONGRESS.—It is the sense of home-based care, treating AIDS-associated dis- meet emerging threats; Congress that the Federal tax code should sup- eases like tuberculosis, providing for family sup- (3) improving surveillance to identify and port a significant expansion of Individual De- port and orphan care, and making trace the sources and incidence of food-borne velopment Accounts so that millions of low-in- antiretroviral drugs against HIV available will illness; come, working families can save, build assets, reduce social and economic damage to families (4) otherwise maintaining at least current and move their lives forward; thus, making posi- and communities. funding levels for food safety initiatives in the tive contributions to the economic and social (E) Pharmaceutical companies recently dra- Food and Drug Administration and the United well-being of the United States, as well as to its matically reduced the prices of antiretroviral States Department of Agriculture; and future. drugs to the poorest countries. With sufficient (5) providing additional funds should such resources, it is now possible to improve treat- needs arise due to emerging food safety threats. SEC. 312. FEDERAL FIRE PREVENTION ASSIST- ment options in countries where health systems ANCE. SEC. 307. SENSE OF THE SENATE WITH RESPECT (a) FINDINGS.—Congress finds the following: are able to deliver and monitor the medications. TO INCREASING FUNDS FOR RENEW- (F) The United Nations AIDS program esti- ABLE ENERGY RESEARCH AND DE- (1) Increased demands on firefighting and mates it will cost at least $3,000,000,000 for basic VELOPMENT. emergency medical personnel have made it dif- AIDS prevention and care services in Sub-Saha- It is the sense of the Senate that the Senate ficult for local governments to adequately fund ran Africa alone, and at least $2,000,000,000 recognizes the importance of renewable energy necessary fire safety precautions. more if antiretroviral drugs are provided widely. resources and that providing for such tech- (2) The Government has an obligation to pro- In Africa, only $500,000,000 is currently avail- nologies should be increased by at least tect the health and safety of the firefighting able from all donors, lending agencies and Afri- $450,000,000 for fiscal year 2002 and at a rate in personnel of the United States and to ensure can governments themselves. excess of inflation in subsequent years. that they have the financial resources to protect ENSE OF THE SENATE (2) S .—It is the sense of SEC. 308. SENSE OF THE SENATE WITH RESPECT the public. the Senate that the spending levels in this budg- TO INCREASED EDUCATION FUND- (3) The high rates in the United States of et resolution shall be increased by $200,000,000 ING. death, injury, and property damage caused by in fiscal year 2002 and by $500,000,000 in 2003 It is the Sense of the Senate that— fires demonstrates a critical need for Federal in- and for each year thereafter for the purpose of (1) this budget resolution makes available up vestment in support of firefighting personnel. helping the neediest countries cope with the to $6.2 billion in discretionary budget authority (b) SENSE OF CONGRESS.—It is the sense of burgeoning costs of prevention, care and treat- for funding domestic priorities in excess of the Congress that the Government should support ment of those affected by HIV/AIDS and associ- President’s request; and the core operations of the Federal Emergency ated infectious diseases. (2) funding for discretionary education pro- Management Agency by providing needed fire SEC. 303. SENSE OF THE SENATE ON CONSOLI- grams (including Head Start and funds for the grant programs to assist our firefighters and res- DATED HEALTH CENTERS. Department of Education in excess of the Presi- cue personnel as they respond to more than It is the sense of the Senate that appropria- dent’s request of $44.5 billion in discretionary 17,000,000 emergency calls annually. To accom- tions for consolidated health centers under sec- budget authority for fiscal year 2002) is one plish this task, Congress supports preservation tion 330 of the Public Health Service Act (42 such priority; and of the Assistance to Firefighters grant program. U.S.C. 254b) should be increased by 100 percent (3) these additional funds for education Continued support of the Assistance to Fire- over the next 5 fiscal years in order to double should be devoted to high priority programs in- fighters grant program will enable local fire- the number of individuals who receive health cluding Head Start, the Individuals with Dis- fighters to adequately protect the lives of count- services at community, migrant, homeless, and abilities Education Act, education for the dis- less Americans put at risk by insufficient fire public housing health centers. advantaged, Impact Aid, state assessment tests, protection. SEC. 304. FUNDING FOR DEPARTMENT OF JUS- Pell Grants, reading improvement programs, SEC. 313. FUNDING FOR GRADUATE MEDICAL TICE PROGRAMS FOR STATE AND school construction, and teacher and classroom EDUCATION AT CHILDREN’S TEACH- LOCAL LAW ENFORCEMENT ASSIST- quality programs. ING HOSPITALS. ANCE. It is the sense of Congress that: It is the sense of the Senate that the levels in Subtitle B—Sense of the Congress this resolution assume increased funding for fis- SEC. 311. ASSET BUILDING FOR THE WORKING (1) Function 550 includes an appropriate level cal year 2002 for the Department of Justice State POOR. of funding for graduate medical education con- and local law enforcement grant programs. (a) FINDINGS.—Congress find the following: ducted at independent children’s teaching hospitals in order to ensure access to care by mil- SEC. 305. SENSE OF THE SENATE REGARDING (1) For the vast majority of United States UNITED STATES COAST GUARD FIS- households, the pathway to the economic main- lions of children nationwide. CAL YEAR 2002 FUNDING. stream and financial security is not through (2) An emphasis should be placed on the role It is the sense of the Senate that any level of spending and consumption, but through sav- played by community health centers in under- budget authority and outlays in fiscal year 2002 ings, investing, and the accumulation of assets. served rural and urban communities. below the level assumed in this resolution for (2) One-third of all Americans have no assets (3) Funding under function 550 should also the Coast Guard would require the Coast Guard available for investment and another 20 percent reflect the importance of the Ryan White CARE to— have only negligible assets. The situation is Act to persons afflicted with HIV/AIDS. (1) close numerous units and reduce overall even more serious for minority households; for SEC. 314. CONCURRENT RETIREMENT AND DIS- mission capability, including the counter nar- example, 60 percent of African-American house- ABILITY BENEFITS TO RETIRED cotics interdiction mission which was authorized holds have no or negative financial assets. MEMBERS OF THE ARMED FORCES. under the Western Hemisphere Drug Elimi- (3) Nearly 50 percent of all children in Amer- (a) FINDINGS.—Congress finds that the Sec- nation Act; ica live in households that have no assets avail- retary of Defense is the appropriate official for

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evaluating the existing standards for the provi- (4) The Office of Management and Budget has JIM NUSSLE, sion of concurrent retirement and disability ben- requested that Federal agencies plan their fiscal JOHN E. SUNUNU, efits to retired members of the Armed Forces and year 2002 budgets with a 3.6 percent pay raise Managers on the Part of the House. the need to change these standards. for civilian Federal employees. (b) SENSE OF CONGRESS.—It is the sense of (5) In almost every year during the past 2 dec- JOINT EXPLANATORY STATEMENT OF Congress that— ades, there have been equal adjustments in the THE COMMITTEE OF CONFERENCE (1) the Secretary of Defense should report not compensation of members of the uniformed serv- The managers on the part of the Senate later than 180 days after the date of adoption of ices and the compensation of civilian employees and the House at the conference on dis- this resolution to the congressional committees of the United States. of jurisdiction on the provision of concurrent re- (b) SENSE OF CONGRESS.—It is the sense of agreeing votes of the two Houses on the tirement and disability benefits to retired mem- Congress that rates of compensation for civilian amendment of the Senate to the concurrent bers of the Armed Forces; employees of the United States should be ad- resolution (House Concurrent Resolution 83), (2) the report should address the number of justed at the same time, and in the same propor- establishing the congressional budget for the individuals retired from the Armed Forces who tion, as are rates of compensation for members United States Government for fiscal year would otherwise be eligible for disability com- of the uniformed services. 2002, revising the congressional budget for the United States Government for fiscal year pensation, the comparability of the policy to Of- SEC. 316. SALES TAX DEDUCTION. 2001, and setting forth appropriate budgetary fice of Personnel Management guidelines for ci- (a) FINDINGS.—Congress finds that— vilian Federal retirees, the applicability of this (1) in 1986 the ability to deduct State sales levels for each of fiscal 2003, through 2011, policy to prevailing private sector standards, the taxes was eliminated from the Federal tax code; submit the following joint statement to the number of individuals potentially eligible for (2) the States of Tennessee, Texas, Wyoming, House and the Senate in explanation of the concurrent benefits who receive other forms of Washington, Florida, Nevada, and South Da- effect of the action agreed upon by the man- Federal assistance and the cost of that assist- kota have no State income tax; agers and recommend in the accompanying ance, and alternative initiatives that would ac- (3) the citizens of those seven States continue conference report: complish the same end as concurrent receipt of to be treated unfairly by paying significantly The Senate amendment struck all out of military retired pay and disability compensa- more in taxes to the Government than taxpayers the House resolution after the resolving tion; with an identical profile in different State be- clause and inserted a substitute text. (3) the Secretary of Defense should submit leg- cause they are prohibited from deducting their The House recedes from its disagreement islation that he considers appropriate; State sales taxes from their Federal income taxes to the amendment of the Senate with an (4) upon receiving such report, the committees in lieu of a State income tax; amendment which is a substitute for the (4) the design of the Federal tax code is pref- of jurisdiction, working with the Committees on House resolution and the Senate amend- erential in its treatment of States with State in- the Budget of the House and Senate, should ment. consider appropriate legislation; and come taxes over those without State income (5) CBO and OMB should report not later taxes; DISPLAYS AND AMOUNTS than 30 days after the date of adoption of this (5) the current Federal tax code infringes The contents of concurrent budget resolu- resolution to the Committees on the Budget on upon States’ rights to tax their citizens as they tions are set forth in section 301(a) of the the risk that provision of full concurrent receipt see fit in that the Federal tax code exerts unjust Congressional Budget Act of 1974. The years of military retired pay and disability compensa- influence on States without State income taxes in this document are fiscal years unless oth- tion would reduce the surplus below the level of to impose one their citizens; erwise indicated. the Medicare Hospital Insurance Trust Fund. (6) the current surpluses that our Government SEC. 315. FEDERAL EMPLOYEE PAY. holds provide an appropriate time and oppor- House Resolution.—The House budget resolution includes all of the items required as (a) FINDINGS.—Congress finds the following: tunity to allow taxpayers to deduct either their (1) Members of the uniformed services and ci- State sales taxes or their State income taxes part of a concurrent budget resolution under vilian employees of the United States make sig- from their Federal income tax returns; and section 301(a) of the Congressional Budget nificant contributions to the general welfare of (7) over 50 Members of the House of Rep- Act other than the spending and revenue lev- the Nation. resentatives have cosponsored legislation to re- els for Social Security (which is used to en- (2) Increases in the pay of members of the uni- store the sales tax deduction option to the Fed- force a point of order applicable only in the formed services and of civilian employees of the eral tax code. Senate). United States have not kept pace with increases (b) SENSE OF CONGRESS.—It is the sense of Senate Amendment.—The Senate amend- in the overall pay levels of workers in the pri- Congress that the Committee on Ways and ment includes all of the items required under vate sector, so that there now exists— Means and the Committee on Finance should section 301(a) of the Congressional Budget (A) a 32 percent gap between compensation consider legislation that makes State sales tax Act. As permitted under section 301(b) of the levels of Federal civilian employees and com- deductible against Federal income taxes. Congressional Budget Act, Section 102 of the pensation levels of private sector workers; and And the Senate agree to the same. Senate amendment includes advisory levels (B) an estimated 10 percent gap between com- on debt held by the public. PETE V. DOMENICI, pensation levels of members of the uniformed Conference Agreement.—The Conference CHUCK GRASSLEY, services and compensation levels of private sec- Agreement includes all of the items required DON NICKLES, tor workers. by section 301(a) of the Congressional Budget (3) The President’s budget proposal for fiscal PHIL GRAMM, Act. year 2002 includes a 4.6 percent pay raise for KIT BOND, military personnel. Managers on the Part of the Senate. AGGREGATES AND FUNCTION LEVELS

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ECONOMIC ASSUMPTIONS the joint statement and conference report House Resolution.—CBO’s economic as- are based. The Conference Agreement is built sumptions were used. Section 301(g)(2) of the Congressional upon the economic forecasts developed by Senate Amendment.—CBO’s economic as- Budget Act requires that the joint explana- the Congressional Budget Office and pre- sumptions were used. tory statement accompanying a conference sented in CBO’s ‘‘The Economic and Budget report on a budget resolution set forth the Outlook: Fiscal Years 2002–2011’’ (January Conference Agreement.—CBO’s economic common economic assumptions upon which 2001). assumptions were used.

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FUNCTIONS AND REVENUES BA and $3.62 trillion in outlays over 2002– a Presidential budget amendment in re- Pursuant to section 301(a)(3) of the Budget 2011. These amounts include full funding for sponse to the President’s Defense Review. Act, the budget resolution must set appro- the President’s request, which for 2002 con- The Conferees assume that, taken to- priate levels for each major functional cat- stitutes a $14.3. billion increase in BA over gether, the National Defense budget as origi- egory based on the 302(a) allocations and the 2001—a 4.6 percent nominal increase—and nally submitted by the President and the budgetary totals. which in 2002 accommodates increases of $1.4 subsequent budget amendment will fully The respective levels of the House resolu- billion in BA for military personnel pay and fund the ‘‘transformation’’ initiatives rection, the Senate amendment, and the Con- retention, $0.4 billion for military housing, ommended by the President and the Sec- ference Agreement for each major budget $2.6 billion for research and development for retary of Defense and all pre-existing pri- function are discussed in the following sec- missile defense and ‘‘transformation,’’ and ority national security programs in the De- tion. The Conference Agreement provides ag- $3.9 billion for the Tricare for Life program partment of Defense and the Department of gregate discretionary spending in 2002 of enacted in the 106th Congress. The Presi- Energy. The Conferees are particularly con- $661.3 billion in budget authority (BA) and dent’s request also incorporated reductions cerned that the amended budget request $682.8 billion in outlays. below inflated baseline levels for the Depart- fully address all shortfalls that have here- These two aggregate numbers are allocated ment of Energy defense activities (subfunc- tofore been identified for 2002, including to the Appropriations Committees to be sub- tion 053) and other defense-related activities those in the Defense Health Program (up to allocated to their 13 individual appropriation in subfunction 054, amounting to approxi- $3.1 billion), activities where readiness has in subcommittees. For the purposes of presen- mately $1 billion per year over 2002–2011. recent years fallen below optimal levels (to- tation in this Conference Agreement, func- The Senate amendment includes the Presi- taling several billions of dollars), and essen- tional discretionary numbers are set at fiscal dent’s proposal to make the Radiation Expo- tial national security programs in the De- year 2002 Congressional Budget Office base- sure Compensation Trust Fund a mandatory partment of Energy, including Stockpile line estimates, and do not reflect any spe- program and to delay payments to certain Stewardship ($800 million), non-proliferation cific policy orientation except for the de- beneficiaries pending the scientific findings activities ($100 million), and Environmental fense function, which assumes President of a study by the National Institute of Occu- Management programs (up to $1 billion, which could occur in the fiscal year deemed Bush’s budget authority request for fiscal pational Safety and Health. most appropriate, 2001 or 2002). The Con- year 2002. For years beyond 2002 this report The Senate amendment also encompasses ferees agree that it is essential for the Na- assumes that the 2002 discretionary function increases directed by certain amendments tional Defense budget as amended, to fully levels grow by inflation. adopted by the Senate for 2002. These include The only specific discretionary policy deci- an amendment adding $8.5 billion in BA and fund each of these concerns respecting both shortfalls and ‘‘transformation.’’ sion inherent in this resolution is a $661.3 $6.5 billion in outlays to redress serious and Regarding mandatory spending, the Con- billion discretionary budget authority allo- pressing Defense Health Program shortfalls ($3.1 billion), unfunded Department of En- ferees adopted the Senate amendment con- cation. The Appropriations Committees are cerning the Radiation Exposure Compensa- responsible for allocating this budget au- ergy non-proliferation and ‘‘Stockpile Stew- ardship’’ activities ($900 million), and readi- tion Trust Fund, revised to reflect more re- thority to their subcommittees to address cent CBO scoring. This updated scoring specific policy priorities. ness shortages ($4.5 billion). Another floor amendment added $1.0 billion in additional amounts to $172 million in 2002 and $655 mil- FUNCTION 050: NATIONAL DEFENSE BA and $0.7 billion in outlays for the Depart- lion for 2002–2011 with an offsetting reduction Major Programs in Function.—Under cur- ment of Energy’s Environmental Manage- of expenses in the Energy Occupation Illness rent law, spending for Function 050, National ment program. Compensation fund that brings net costs to Defense, will total $310.3 billion in BA and Conference Agreement.—For 2001, the Con- $146 million in 2002 and $440 million for 2002– $300.6 billion in outlays for 2001. This func- ferees adopted $316.9 billion in BA and $302.4 2011. tion includes funding for the Department of billion in outlays. This is an increase of $6.5 FUNCTION 150: INTERNATIONAL AFFAIRS Defense (about 95 percent of the function), billion in BA over previously enacted—ap- Major Programs in Function.—Under cur- the defense activities of the Department of propriations for 2001. For 2002, the Conferees rent law, spending for Function 150, Inter- Energy (about 5 percent of the function), and adopted. $324.8 billion in BA and $319.1 billion national Affairs, will total $22.4 billion in BA other defense activities in other departments in outlays. This is an increase of $14.5 billion and $19.7 billion in outlays for 2001. This and agencies, including the Department of above levels enacted to date for 2001. For function includes funding for the operation Transportation, the Department of Justice, 2002–2011, the Conference Agreement totals of the foreign affairs establishment includ- the General Services Administration, and $3.65 trillion in BA and $3.59 trillion in out- ing embassies and other diplomatic missions the Selective Service (less than 1% of the lays. abroad, foreign aid loan and technical assist- function). Regarding discretionary spending, the Con- ance activities in developing countries, secu- House Resolution.—The resolution estab- ferees adopted the House amendment with rity assistance to foreign governments, ac- lishes levels of $324.6 billion in budget au- certain understandings and alterations. tivities of the Foreign Military Sales Trust thority [BA] and $319.3 billion in outlays in Among the understandings, the primary ones Fund, U.S. contributions to international fi- fiscal year 2002, an increase of 4.6 percent in are to redress shortfalls in the National De- nancial institutions and the United Nations, BA compared with fiscal year 2001. The func- fense budget function for 2001 and 2002 re- the Export-Import Bank and other trade pro- tion totals are $1.71 trillion in BA and $1.68 garding the Defense Health Program, readi- motion activities, and refugee assistance. trillion in outlays over 5 years, and $3.68 tril- ness, and certain Department of Energy de- House Resolution.—The resolution fully lion in BA and $3.61 trillion in outlays over fense activities. The key alteration is a re- funds the President’s requested levels of $23.9 10 years. Funding in the resolution accom- vised mechanism to accommodate the as yet billion in budget authority [BA] and $19.6 bil- modates the President’s proposal to increase unspecified additional funding needed for the lion in outlays in fiscal year 2002, an increase military pay and other compensation by $1.4 results of the President’s Defense Review to of 6.4 percent in BA compared with fiscal billion in 2002. The resolution also assumes adjust U.S. national security strategy and year 2001. The function totals are $123.8 bil- an additional $400 million to improve the defense programs to the requirements twen- lion in BA and $102.0 billion in outlays over quality of housing for military personnel and ty-first century. 5 years, and $264.2 billion in BA and $219.7 their families, and $3.9 billion for the first To redress shortfalls in 2001, the Conferees billion in outlays over 10 years. The levels year of expanded health benefits for over-65 have revised the Section 302(a) allocation up fully fund the President’s request and ac- military retirees (Tricare for Life). In addi- to the level of the statutory cap for 2001 to commodate his proposal to increase the Ad- tion, the resolution accommodates the Presi- accommodate a 2001 supplemental for the ministration of Foreign Affairs funding by dent’s proposed $2.6-billion initiative ($20 bil- Department of Defense totaling $6.5 billion $888 million above the 2001 level, to a total of lion over 5 years) to fund research and devel- in BA and $1.8 billion in outlays. The Con- $5.7 billion for fiscal year 2002, and his re- opment of new technologies. The Depart- ferees assume and urge in the strongest pos- quest to increase military assistance to ment of Defense intends to apply this fund- sible terms that this budget authority be Israel by $60 million. In addition, to maining to create new capabilities to defend used, in the amounts specified, exclusively tain and expand programs to stem the flow against projected future threats, following a for urgent shortfalls in the Defense Health of cocaine and heroin from Colombia and its comprehensive review by the Secretary of Program ($1.4 billion) and immediate readi- Andean neighbors, the budget assumes the Defense to assess national security needs. To ness needs, including spare parts, training, President’s $624-million increase for inter- potentially augment the levels in this func- depot and other maintenance, fuel and en- national narcotics control and law enforce- tion, the resolution creates two reserve ergy costs, and base operations ($5.1 billion). ment. The resolution also assumes sufficient funds that could accommodate additional de- For discretionary spending in 2002, the resources for the Tropical Forest Conserva- fense spending: one, in fiscal year 2001, to Conferees adopted $325.1 billion in BA and tion Act [TFCA]. eliminate Department of Defense shortfalls; $319.4 billion in outlays. These totals match Senate Amendment.—The Senate amend- and a second, in fiscal year 2002, for possible the President’s request as scored by CBO, to- ment provides $24.1 billion in BA and $19.8 legislation pursuant to the President’s de- gether with the outlays estimated by CBO billion in outlays in 2002, and $265.4 billion in fense review. See also section 1218A. from the 2001 supplemental allocation de- BA and $220.9 billion in outlays over 2002– Senate Amendment.—The Senate amend- scribed above. In addition, the Conferees 2011. These amounts include full funding for ment provides $334.5 billion in BA and $326.8 adopted reserve funds, described more fully the President’s request, which for 2002 con- billion in outlays in 2002, and $3.69 trillion in in the discussion of Title II, to accommodate stitutes a $1.5 billion increase in BA over

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.028 pfrm02 PsN: H08PT1 H1984 CONGRESSIONAL RECORD — HOUSE May 8, 2001 2001—a 6.7 percent nominal increase. The compared with fiscal year 2001. The function light of past management and security prob- Senate amendment also reflects the Senate’s totals are $115.9 billion in BA and $112.4 bil- lems, the resolution accommodates the adoption of a floor amendment to increase lion in outlays over 5 years, and $247.1 billion President’s efforts to reform the Department the President’s request by $200 million in BA in BA and $240.2 billion in outlays over 10 of Energy. in 2002 and by $500 million in BA in 2003— years. The resolution assumes $4.5 billion for Senate Amendment.—The Senate amend- with commensurate outlays—for the purpose the National Science Foundation [NSF], a ment sets forth $1.676 billion in BA and $.018 of assisting the response of needy counties to $56-million increase from 2001. It assumes billion in outlays in 2002, and $17.162 billion the international HIV/AIDS pandemic. The $14.5 billion for the National Aeronautics and in BA and $2.785 billion in outlays over the Senate also adopted an amendment regard- Space Administration [NASA], a 2-percent 2002–2011 period. The Senate amendment as- ing conservation that affected several budget increase over 2001. This total allows for the sumes the President’s budget with the fol- functions, including the addition of $50 mil- President’s recommendations, including in- lowing Senate adopted amendments to dis- lion in BA in every year over the 2002–2011 creased funds for International Space Sta- cretionary spending: $205 million in BA each period in Function 150. tion development and operations; a 64-per- year over the 2002–2011 period to reduce Conference Agreement.—The Conference cent increase over 2001 for NASA’s Space greenhouse gas emissions, $450 million in BA Agreement totals $23.2 billion in BA and $19.1 Launch Initiative; six space shuttle flights a in 2002 for Renewable Energy R&D, and $150 billion in outlays for 2002. For 2002–2011, the year; and continued funding for safety im- million in BA in 2002 for Fossil Energy R&D. Conference Agreement totals $256.6 billion in provements in NASA. The Senate amendment does not assume the BA and $213.3 billion in outlays, a reduction Senate Amendment.—The Senate amend- President’s proposal for the Arctic National of $7.6 billion in BA below the request and ment sets forth $22.8 billion in BA and $21.2 Wildlife Refuge (ANWR). the House resolution. The BA and outlays for billion in outlays in 2002, and $240.1 billion in Conference Agreement.—The Conference International Affairs equal the amounts of BA and $232.9 billion in outlays over 2002– Agreement assumes $1.36 billion in BA and ¥ CBO’s inflated baseline for 2002–2011, plus the 2011. The total spending within Function 250 $0.02 in outlays in 2002 and $15.9 billion in outlays needed in 2002 to address the pay- was amended by the following two amend- BA and $2.2 billion in outlays over the 2002– ment of arrearages to the UN discussed ments: 2011 period. below. The Senate adopted an amendment that FUNCTION 300: NATURAL RESOURCES AND THE Regarding discretionary spending, the Con- added $1.441 billion in BA and $530 million in ENVIRONMENT ferees strongly support Secretary of State outlays in 2002 to the function total proposed Major Programs in Function.—Under cur- Powell’s proposals to reinvigorate the US by President Bush. The amendment assumed rent law, spending for Function 300 Natural foreign policy establishment and to expand an increase of $674 million for NSF in 2002. Resources and the Environment, will total some international programs. The Senate ex- The increase is intended to provide addi- $28.8 billion in BA and $26.4 billion in outlays pressed this support in the form of expanding tional funding for NSF along a doubling path for 2001. This Function includes funding for even further proposed programs to address similar to that of the National Institutes of water resources, conservation and land man- the HIV/AIDS epidemic in regions, such as Health. NASA would also receive an increase agement, recreation resources, and pollution Africa. of $518 million, and DOE science would in- control and abatement. Agencies with major Regarding the payment of arrearages to crease by $469 million in 2002. The amend- program activities within the Function in- the United Nations, the conferees recognize ment would allow funding for all of the clude the Environmental Protection Agency that Congress has appropriated funds for the President’s initiatives in Function 250, as (EPA), the Army Corps of Engineers, the Na- payment of arrears to the UN and related well as address other needs within the sci- tional Oceanic and Atmospheric Administra- agencies in 1999 and 2000. Those funds have entific community. The total assumed in- tion (NOAA), the Forest Service (within the not been obligated because not all of the re- crease above the 2001 appropriated level is Department of Agriculture), and the Depart- forms required by authorizing statute have $1.661 billion. ment of the Interior, including the National been met, in particular the requirement that The Senate also adopted an amendment re- Park Service, the Fish and Wildlife Service, the United States’ assessment for contribu- lated to global climate changes that affected the U.S. Geological Survey, the Bureau of tions to international peacekeeping activi- several functional categories, including Land Management and the Bureau of Rec- ties be reduced to no more than 25 percent of Function 150, 250, 270, 300, and 350. In this lamation, among others. the total. Recognizing the substantial re- function, the amendment reflected an in- House Resolution.—The resolution estab- forms that have been negotiated, the Presi- crease in BA of $50 million each year for 10 lishes levels of $26.7 billion in budget author- dent has proposed legislation, not subject to years, for a total increase of $500 million in ity [BA] and $26.4 billion in outlays in fiscal PAYGO, that would release the funds for ob- BA from FY2002–2011. year 2002, a decrease of 7.3 percent in BA ligation. The legislative proposal would in- Conference Agreement.—The Conference compared with fiscal year 2001. The 5-year crease outlays by $582 million in 2001 and Agreement assumes $21.6 billion in BA and function totals are $137.1 billion in BA and $244 million in 2002. This resolution accom- $20.7 billion in outlays in 2002, and $236.3 bil- $136.3 billion in outlays; and the 10-year totals are $289.3 billion in BA and $285.3 billion modates the increased spending in its esti- lion in BA and $230.6 billion in outlays over in outlays. The resolution accommodates the mates of outlays from prior year’s appropria- the 2002–2011 period. President’s recommendation to fully fund tions. The conferees direct that if the legis- FUNCTION 270: ENERGY the Land and Water Conservation [LWC] lative proposal is included in authorizing Major Programs in Function.—Under cur- Fund at $900 million starting in 2002, an in- legislation, the cost of such legislation up to rent law, spending for Function 270 Energy, crease of $356 million over 2001. It also pro- the amounts included in the fiscal year 2001 will total $1.2 billion in BA and ¥$0.1 billion vides for an addition of $440 million in 2002 as and 2002 allocations of the appropriations in outlays for 2001. This Function includes a down payment on eliminating the National committee shall not be charged against the civilian activities of the Department of En- Park Service’s deferred maintenance back- allocation of the authorizing committee for ergy, the Rural Utilities Service, the power log, currently pegged at $4.9 billion. In addi- purposes of enforcing this resolution. programs of the Tennessee Valley Authority tion, it assumes more than $1 billion in EPA FUNCTION 250: GENERAL SCIENCE, SPACE AND (TVA), and the Nuclear Regulatory Commis- grants for States and tribes to administer TECHNOLOGY sion (NRC). Mandatory spending in this func- environmental programs, and a total of $3.7 Major Programs in Function.—Under cur- tion contains large levels of offsetting re- billion in funding for the EPA’s Operating rent law, spending for Function 250, General ceipts, resulting in net mandatory spending Program, which comprises the agency’s core Science, Space and Technology, will total of ¥$1.9 billion in BA and ¥$3.2 billion in regulatory, research, and enforcement ac- $21.0 billion in BA and $19.7 billion in outlays outlays for 2001. Congress provided $3.1 bil- tivities. The resolution would support sub- for 2001. The General Science, Space and lion in discretionary BA for 2001. stantially reducing the backlog of school re- Technology function consists of funds in two House Resolution.—The resolution estab- pairs and maintenance in the Bureau of In- major categories: general science and basic lishes levels of $835 million in budget author- dian Affairs, with the goal of eliminating the research, and space flight, research, and sup- ity [BA] and ¥$234 million in outlays in fis- backlog within 5 years, and assumes in- porting activities. The general science com- cal year 2002, a decrease of 33 percent in BA creased funding for the Army Corps of Engi- ponent includes the budgets for the National compared with fiscal year 2001. The 5-year neers program evaluating proposed develop- Science Foundation [NSF], and the funda- function totals are $4.4 billion in BA and ment in wetlands. The resolution also ac- mental science programs of the Department ¥$2.2 billion in outlays; and the 10-year to- cepts the administration’s proposed exten- of Energy [DOE]. The largest component of tals are $14.5 billion in BA and $598 million in sion of a user fee pilot program in the Na- the function, nearly two thirds of the total, outlays. The resolution assumes the Presi- tional Park Service, but does not include in- is for space flight, research, and supporting dent’s proposed $1.4 billion over 10 years (a crease in Corps of Engineers recreation fees. activities of the National Aeronautics and $120-million increase) for the Department of Senate Amendment.—The Senate amend- Space Administration [NASA] (except for Energy’s Weatherization Assistance Program ment sets forth $29.6 billion in BA and $29.3 NASA’s air transportation programs, which to help low-income families who live in poor- billion in outlays in 2002, and $296.4 billion in are included in Function 400). ly insulated housing or have insufficient BA and $292.3 billion in outlays over 2002– House Resolution.—The resolution estab- heating or cooling systems. It also assumes a 2011. The Senate amendment assumes the lishes levels of $22.2 billion in budget author- total of $8 million to support the Northeast President’s budget with the following Senate ity [BA] and $21.0 billion in outlays in fiscal Heating Oil Reserve that was established be- adopted amendments to discretionary spend- year 2002, an increase of 5.7 percent in BA cause of low heating oil stocks. Finally, in ing: $250 million in BA and $199 million in

VerDate 08-MAY-2001 03:48 May 09, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.030 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1985 outlays in 2002 to fully fund the Conserva- in outlays. Over the ten-year period 2002– BA and $4.5 billion in outlays. Over 10 years, tion Spending Cap, $44 million in BA in 2002 2011, the Senate assumes a total of $227.9 bil- the resolution provides $128.9 billion in BA for water system improvements, $1.3 billion lion in BA and $212.8 billion in outlays. The and $85.0 billion in outlays. The Senate in BA and outlays in 2002 for agriculture con- Senate adopted mandatory amendments amendment does not include the House’s as- servation programs, $100 million in BA in which increased CCC spending by $9 billion sumption of a reduction in fees charged by 2002 to reduce greenhouse gases, $800 million in BA and outlays in 2001 and a total of $55 the Securities and Exchange Commission. in BA in 2002 for wastewater infrastructure billion in BA and outlays over the 2002–2011 Because of an amendment adopted by the improvements, and $100 million in BA in 2002 period. The Senate adopted a discretionary Senate that dropped the President’s proposal for the Bureau of Reclamation construction amendment which added $0.045 billion in BA to charge exam fees for state-chartered account. and $0.041 billion in outlays in 2002 and $0.45 banks, the Senate amendment is now com- The Senate amendment assumes manda- billion in BA and $0.446 billion in outlays parable to the House resolution in this re- tory spending of $350 million in BA and out- over the ten-year period 2002–2011. gard. Further, the Senate amendment re- lays each year over the 2002–2011 period to Conference Agreement.—The Conference flects the Senate’s adoption of an amend- address agricultural conservation needs. Agreement revises the 2001 spending levels. ment to increase spending on the Inter- Conference Agreement.—The Conference It increases both BA and outlays by $5.5 bil- national Trade Administration by $655 mil- Agreement assumes $30.4 billion in BA and lion to $31.8 billion and $29.2 billion respec- lion over 2002–2011 and of another amend- $28.7 billion in outlays in 2002, and $345.7 bil- tively. For 2002, the Conference Agreement ment to restore $264 million in funding in lion in BA and $336.8 billion in outlays over assumes $26.3 billion in BA and $24.6 billion 2002 for programs of the Small Business Ad- the 2002–2011 period. The Conference Agree- in outlays. Over the ten-year period 2002– ministration to offset cuts that had been ment accepts the Senate position on the ex- 2011, the agreement assumes a total of $243.2 proposed in the President’s budget. tension of the recreational fee demonstra- billion in BA and $228.0 billion in outlays. Conference Agreement.—The Conference tion program. The Conference Agreement as- The 2001 and 2002 levels assume $12.5 billion Agreement does not revise the fiscal year sumes mandatory agriculture spending of of new mandatory BA and outlays. This 2001 levels. For 2002, the resolution provides $350 million in BA and outlays in 2002. Sec- money would be allocated to the Senate and $10.2 billion in BA and $6.6 billion in outlays. tion 213 establishes a reserve fund for agri- House agriculture authorizing committees. Over 10 years, it provides $152.4 billion in BA culture that permits the chairman of the ap- It is assumed that the additional funds for and $108.1 billion in outlays. propriate Committee on the Budget to adjust 2001 and 2002 will address low income con- FUNCTION 400: TRANSPORTATION the Agriculture Committee’s allocation to cerns in the agriculture sector today. For Major Programs in Function.—Under cur- accommodate legislation providing, among 2003 to 2011, the Conference Agreement as- rent law, spending for Function 400, Trans- other things, as much as $350 billion for the sumes increased mandatory BA and outlays portation, will total $62.1 billion in BA and period of 2003 through 2011 for conservation totaling $63 billion to be made available for $51.7 billion in outlays for 2001. The function programs. the extension and revision of the Federal Ag- primarily comprises funding for the Depart- FUNCTION 350: AGRICULTURE riculture Improvement and Reform Act of ment of Transportation, including ground Major Programs in Function.—Under cur- 1996, which expires in 2002. Fiscal Year 2003 transportation programs, such as the fed- rent law, spending for Function 350 Agri- monies may be made available for 2002 crop eral-aid highway program, mass transit, culture, is estimated to total $26.3 billion in year support. The money would be placed in motor carrier safety, and the National Rail budget authority (BA) and $23.7 billion in a reserve fund for the authorizing commit- Passenger Corporation (Amtrak); air trans- outlays for FY 2001. This Function includes tees. This function assumes the necessary portation through the Federal Aviation Ad- funding for federal programs intended to pro- funding for the modernization plan of ministration (FAA) airport improvement mote the economic stability of agriculture USDA’s National Animal Disease Center and program, facilities and equipment program, through direct assistance and loans to food National Veterinary Services Laboratory in research, and operation of the air traffic control system; water transportation through and fiber producers; provide regulatory, in- Ames, IA. the Coast Guard and Maritime Administra- spection and reporting services for agricul- FUNCTION 370: COMMERCE AND HOUSING CREDIT tion; the Surface Transportation Board; the tural markets; and promote research as well Major Programs in Function.—Under cur- National Transportation Safety Board; and as education in agriculture and nutrition. rent law, spending for Function 370, Com- related transportation safety and support ac- House Resolution.—The resolution estab- merce and Housing Credit, will total about tivities within the Department of Transpor- lishes levels of $19.1 billion in budget author- $3.5 billion in BA and $0.2 billion in outlays tation. In addition, funds for air transpor- ity [BA] in fiscal year 2002, and $17.5 billion for 2001. Function 370 includes both on-budg- tation programs under the auspices of NASA in outlays. The 5-year function totals are et and an off-budget (Postal Service) compo- are included within this function. $92.5 billion in BA and $84.7 billion in out- nents, but the budget resolution text in- House Resolution.—The resolution estab- lays; and the 10-year totals are $172.5 billion cludes only the on-budget portion. Both on- lishes levels of $61.0 billion in BA and $55.6 in in BA and $157.3 billion in outlays. The reso- budget and total spending are shown, how- outlays in fiscal year 2002; $298.9 billion in lution accommodates the President’s rec- ever, in the summary tables contained in BA and $299.8 billion in outlays over 5 years; ommendations, including: support of United this Conference Agreement. This budget and $608.1 billion in BA and $639.6 billion in States Department of Agriculture [USDA] function includes funding for discretionary outlays over 10 years. The resolution accom- food safety activities, including providing housing programs, such as subsidies for sin- modates the President’s proposal to fully 7,600 meat and poultry inspectors; allocation gle and multifamily housing in rural areas fund the authorized levels provided for high- of conservation assistance to 650,000 land- and mortgage insurance provided by the Fed- ways ($32.3 billion) and transit ($6.7 billion) owners, farmers, and ranchers; maintaining eral Housing Administration; off-budget net under the Transportation Equity Act for the funding for priority activities in the Forest spending by the Postal Service; discre- 21st Century and for the Federal Aviation Service’s wildland fire management plan, in- tionary funding for commerce programs, Administration’s operating ($6.9 billion), cluding hazardous fuels reduction; re- such as international trade and exports, capital ($2.9 billion), and airport grants ($3.3 directing USDA research to provide new em- science and technology, the census, and billion) programs under the Aviation Invest- phasis in key areas such as biotechnology, small business; and mandatory spending for ment and Reform Act for the 21st Century. the development of new agricultural prod- deposit insurance activities related to banks, To assist Americans with disabilities in ucts, and improved protection against savings and loans, and credit unions. overcoming transportation barriers to work, emerging exotic plant and animal diseases as House Resolution.—For on-budget spend- the resolution assumes the President’s $145- well as crop and animal pests; and expanding ing in this function, the resolution estab- million proposal to fund two new programs overseas markets for American agricultural lishes levels of $7.4 billion in budget author- under his New Freedom Initiative to increase products by strengthening USDA’s market ity [BA] and $4.4 billion in outlays in fiscal the ability of individuals with disabilities to intelligence capabilities and the Depart- year 2002, an increase of 195 percent in BA integrate into the workforce. The resolution ment’s expertise for resolving technical compared with fiscal year 2001. The on-budg- also assumes an increase in Coast Guard op- trade issues with foreign trading partners. et function totals are $54.2 billion in BA and erating expenses of $250 million above the The resolution contains two reserve funds $33.5 billion in outlays over 5 years, and fiscal year 2002 level recommended by the that would accommodate additional agricul- $128.1 billion in BA and $84.3 billion in out- President for fiscal year 2002 and subsequent tural needs: a fiscal year 2001 reserve fund lays over 10 years. The resolution assumes years. This increase is provided to eliminate that could be used for emergency Agricul- the President’s recommendation that pre- Coast Guard vessel and aircraft spare parts tural Market Transition payments; and a fis- miums for specified Federal Housing Admin- problems, to improve personnel training, to cal year 2002 reserve fund that could accom- istration [FHA] programs, such as condomin- fund new Department of Defense entitle- modate a reauthorization of the Federal Ag- iums, rehabilitation loans, and multifamily ments, and to operate drug interdiction as- ricultural Improvement and Reform Act or loans, are to be increased so that all single- sets at optimal levels. (The resolution ac- additional emergency relief. family FHA borrowers pay the same pre- knowledged that the Office of Management Senate Amendment.—The Senate amend- miums, and that the programs operate with- and Budget’s budget submission contained ment revises the 2001 spending levels. It in- out the need for a subsidy. recently identified errors, and indicated con- creases BA and outlays by $9 billion to $35.3 Senate Amendment.—The Senate amend- ferees would seek to address them.) and $32.7 respectively. For 2002, the Senate ment does not revise the levels for 2001. For Senate Amendment.—The Senate amend- assumes $26.2 billion in BA and $24.5 billion 2002, the resolution provides $7.7 billion in ment does not revise the 2001 levels. For 2002,

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.031 pfrm02 PsN: H08PT1 H1986 CONGRESSIONAL RECORD — HOUSE May 8, 2001 the resolution provides $62.2 billion in BA cial education. For 2002, the budget assumes and $70.0 billion in outlays over the ten-year and $56.1 billion in outlays. Over 10 years, States can use this funding stream for prior- period 2002–2011. the resolution provides $701.6 billion in BA ities such as special education, help for low- —For the Social Services Block Grant, an and $645.8 billion in outlays. The Senate performing schools, or accountability re- amendment adding $680 million in manda- amendment assumes the President’s budget forms. tory BA and outlays in 2002. plus a Senate adopted amendment to add The resolution also accommodates the —For education technology, an amend- $250 million in BA and outlays for the Coast President’s proposed increase in program ment adding $628 million in discretionary BA Guard in 2002. spending of the Department of Education by and $35 million in outlays in 2002. Conference Agreement.—The Conference $4.6 billion, or 11.5 percent, in fiscal year —For Impact Aid, an amendment adding Agreement does not revise the 2001 levels. 2002. It provides sufficient funding in elemen- $300 million in discretionary BA and $150 For 2002, the resolution provides $65.0 billion tary and secondary education for the Presi- million in outlays in 2002. in BA and $56.2 billion in outlays. Over 10 dent’s ‘‘No Child Left Behind’’ education re- —For children’s services, an amendment years, it provides $694.8 billion in BA and form plan. Key initiatives include the fol- adding $271 million in discretionary BA and $655.6 billion in outlays. lowing: $243 million in outlays in 2002. FUNCTION 450: COMMUNITY AND REGIONAL —A tripling of reading education funds, to —For American history education, an DEVELOPMENT $900 million in 2002, and a total increase in amendment adding $100 million in discre- Major Programs in Function.—Under cur- reading education spending of $5 billion over tionary BA and $25 million in outlays in 2002. rent law, spending for Function 450, Commu- 5 years. Conference Agreement.—The Conference —The provision of $2.6 billion for States to nity and Regional Development, will total Agreement revises 2001 levels to $77.0 billion improve teacher quality through high-qual- $11.2 billion in BA and $11.4 billion in outlays in BA and $69.9 billion in outlays. For 2002, ity professional development, recruitment for 2001. This function reflects programs that the Conference Agreement provides $81.2 bil- and retention activities. provide Federal funding for economic and lion in BA and $76.7 billion in outlays. Over —A total of $320 million to help States to community development in both urban and the ten-year period 2002–2011, the Conference develop annual assessments of students, and rural areas. Funding for disaster relief and Agreement provides a total of $904.0 billion to establish strong accountability systems; insurance—including activities of the Fed- in BA and $887.6 billion in outlays. The Con- and $69 million to expand State participation eral Emergency Management Agency—also ferees assume that within these aggregate in the National Assessment of Education is provided in this function. numbers, the Grants to States program Progress, so that parents, teachers and pol- House Resolution.—The resolution estab- under the Individuals with Disabilities Edu- icymakers can ensure that students are im- lishes levels of $10.1 billion in budget author- cation Act (IDEA) will receive funds of at proving. ity [BA] and $11.4 billion in outlays in fiscal least $7.59 billion in 2002, and that further ad- —Consolidation and streamlining of exist- year 2002, a decrease of 9.8 percent in BA ditional resources for education should be fo- ing Federal elementary and secondary edu- compared with fiscal year 2001. The 5-year cused on this program. cation programs. FUNCTION 550: HEALTH totals are $53.2 billion in BA and $53.7 billion The resolution also assumes the following in outlays; and the 10-year totals are $113.9 recommendations by the President: an in- Major Programs in Function.—Under cur- billion in BA and $108.8 billion in outlays. crease of $137 million for the Impact Aid con- rent law, spending for Function 550, Health, Consistent with the President’s rec- struction program, which currently receives will total $180.1 billion in BA and $173.0 bil- ommendations, the budget assumes continu- only $12.8 million; consolidation and in- lion in outlays for 2001. The major programs ation of Community Development Block creased funding for teacher training and rein this function include Medicaid, the State Grant [CDBG] formula funding at the 2001 cruiting; a sum of $175 million to help char- Children’s Health Insurance Program, health level. It also assumes that the Rural Housing ter schools acquire, construct, or renovate benefits for federal workers and retirees, the and Economic Development Program, begun facilities; an increase for ‘‘character edu- National Institutes of Health, the Food and in 1999, will be terminated due to its duplica- cation’’ from $9.3 million to $25 million; an Drug Administration, the Health Resources tion of other programs, such as CDBGs. increase for the Troops to Teachers program Services Administration, Indian Health Senate Amendment.—For 2002, the Senate to $30 million; an expansion of the teacher Services, the Centers for Disease Control and amendment sets forth $11.2 billion in BA and student loan forgiveness program by increas- Prevention, and the Substance Abuse and $11.6 billion in outlays. Over the 2002–2011 ten ing the loan forgiveness limit from $5,000 to Mental Health Services Administration. year period, it assumes $115.0 billion in BA $17,500 for math and science majors who House Resolution.—The resolution estab- and $108.0 billion in outlays. The Senate teach those subjects in high-need schools for lishes levels of $204.0 billion in BA and $201.1 adopted an amendment to increase by $108 5 years. billion in outlays in fiscal year 2002, an in- million Federal Emergency Management To provide fiscal assistance to low-income crease of 13.3 percent in BA compared with Agency (FEMA) funds in 2002. Also adopted college students, the budget accommodates fiscal year 2001. The function totals are $1.20 was an amendment to increase clean water the President’s proposal to increase the Pell trillion in BA and $1.19 trillion in outlays grants by $1.0 billion in 2002. Grant program by $1 billion. This will in- over 5 years, and $2.86 trillion in BA and $2.84 Conference Agreement.—The Conference crease the maximum award for all qualifying trillion in outlays over 10 years. Funding in Agreement does not revise the fiscal year students to $3,850. the resolution accommodates the President’s 2001 levels. For 2002, it sets forth $11.9 billion The budget also assumes an increase of 6.4 proposal to double the National Institutes of in BA and $11.7 billion in outlays. Over the percent in funding for historically black col- Health [NIH] 1998 funding level of $13.6 bil- 2002–2011 ten year period, it sets forth $130.7 leges and graduate institutions, and Hispanic lion by 2003. To accomplish this, the 2002 billion in BA and $122.8 billion in outlays. serving institutions, with a goal of increas- budget assumes $23.1 billion for NIH, a $2.8 FUNCTION 500: EDUCATION, TRAINING, ing these programs 30 percent by 2005. The billion increase above the 2001 level. To EMPLOYMENT AND SOCIAL SERVICES resolution also accommodates the Presi- strengthen the health care safety net, the Major Programs in Function.—Under cur- dent’s proposed expansion of programs to budget assumes the President’s $124-million rent law, spending for Function 500, Edu- protect abused and neglected children under increase for community health centers. The cation, Training, Employment and Social the Safe and Stable Families Act, and provi- budget also assumes $8.3 billion over 10 years Services, will total $76.9 billion in BA and sion of education or training vouchers to for the enactment of H.R. 600, the Family $69.8. billion in outlays for 2001. This func- children aging out of foster care. Opportunity Act of 2001. Under the Act, tion includes funding for elementary and The resolution creates a $1.25-billion re- States would have the option to expand Med- secondary, vocational, and higher education; serve fund for the Individuals with Disabil- icaid coverage for children with special education research and other education ac- ities Education Act [IDEA] Part B grants to needs, allowing families of disabled children tivities; job training and employment serv- States. with the opportunity to purchase coverage ices; aging services; children and families Senate Amendment.—The Senate Amend- under the Medicaid program for such chil- services; adoption and foster care assistance; ment does not revise the 2001 levels. For 2002, dren. and funding for the arts and humanities. the Senate provides $111.9 billion in BA and Finally, Function 550 assumes $43.1 billion House Resolution.—The resolution estab- $79.4 billion in outlays. Over the ten-year pe- (fiscal years 2002–2005) of the President’s pro- lishes levels of $82.1 billion in budget author- riod 2002–2011, the Senate provides a total of posed Medicare reform, including the Imme- ity [BA] and $76.2 billion in outlays in fiscal $1,265.4 billion in BA, and $1,194.1 billion in diate Helping Hand Prescription Drug Plan. year 2002, an increase of 6.8 percent in BA outlays. (The costs for fiscal years 2006 through 2011 compared with fiscal year 2001. The 5-year The Senate adopted the following amend- are reflected in Function 570.) The resolution function totals are $425.6 billion in BA and ments to the President’s budget: also assumes the outlay effect of the Presi- $412.7 billion in outlays; and the 10-year to- —For unspecified education funding, an dent’s proposed refundable health care tax tals are $917.7 billion in BA and $891.7 billion amendment adding $8.3 billion in discre- credits, and the impact of the extension of in outlays. tionary BA and $1.0 billion in outlays in 2002, an OBRA 1990 provision limiting Department The resolution assumes the President’s and adding $242.0 billion in mandatory BA of Veterans Affairs [VA] pensions for Med- proposal to redirect the $1.2 billion provided and $223.6 billion in outlays over the period icaid recipients in nursing homes. for school renovation, first funded in 2001, al- 2003–2011. Senate Amendment.—The Senate amend- lowing States to reallocate the 2001 funds —For IDEA (special education), an amendment revises 2001 BA and outlays by $2.5 bil- among school renovation, technology, or spe- ment adding $70.0 billion in mandatory BA lion for the President’s Immediate Helping

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.033 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1987 Hand prescription drug program for seniors. in outlays for this function, the same as the vides sufficient funding to renew all expiring The amendment sets forth $216.1 billion in House resolution. public housing contracts, and adds funding BA and $213.2 billion in outlays in 2002, and The Senate amendment as introduced as- for 34,000 new section 8 vouchers. Addition- $2,938.3 billion in BA and $2,914.4 billion in sumed the President’s budget for both man- ally, the budget provides new funding to in- outlays over 2002–2011. datory and discretionary spending. The fol- crease home-ownership among low-income The Senate amendment as introduced as- lowing provisions were added through floor families. Beyond these priorities, the focus sumed the President’s budget for both man- amendments. A reserve fund was adopted in fiscal year 2002 will be to improve manage- datory and discretionary spending. The fol- that allows for additional spending for Medi- ment of HUD’s programs, several of which lowing provisions were added through floor care reform and prescription drugs that goes have been designated among the General Ac- amendments. For mandatory spending, an beyond the $153 billion over 10 years already counting Office’s ‘‘High Risk’’ programs, vul- additional $28 billion was added over 2002– included in the functional totals and budget nerable to substantial amounts of fraud and 2004 for health spending for the uninsured. A aggregates. (This amount includes $43.1 bil- mismanagement. reserve fund of $200 million in 2002 and $7.9 lion in Function 550 and $109.9 billion in Other assumptions of the resolution are billion over 10 years was included for the Function 570.) The amount allocated from the following: Family Opportunity Act. In discretionary the reserve fund will be determined by the —Providing $1.4 billion for Low-Income spending, an additional $700 million was as- Chairman of the Senate Budget Committee Home Energy Assistance Program [LIHEAP] sumed for NIH spending in 2002. The Indian using a Congressional Budget Office cost es- funding to help low-income families heat Health Service was increased by $67.3 billion timate of the President’s Medicare reform their homes. over 10 years. Budget authority for the FDA proposal or a comparable proposal submitted —Funding the Special Supplemental Nutri- was increased by $40 million in 2002 and $400 by the Committee on Finance. In no case tion Program for Women, Infants and Chil- million over 10 years. Amendments were will the amount exceed $300 billion over 10 dren [WIC] at 7.25 million individuals per adopted to increase funding for graduate years (including the $153 already reflected in month, maintaining current program level. medical education at children’s hospitals by the budget totals). The Senate amendment —Maintaining current law policies for the $50 million in 2002 and to provide an addi- also includes a reserve fund of $13.7 billion Food Stamp Program, which will result in tional $136 million in 2002 for both graduate over 10 years for additional Medicare home $20 billion in outlays for benefits and pro- medical education and consolidated health health spending. gram administration in fiscal year 2002. centers. Conference Agreement.—The Conference The resolution also accommodates the out- Conference Agreement.—The Conference Agreement does not revise 2001 levels. For lay effects related to the President’s refund- Agreement does not revise the 2001 levels. 2002, the resolution provides $229.2 billion in able tax proposals. For 2002, the resolution provides $198.8 bil- BA and $229.1 billion in outlays. Over 10 Senate Amendment.—The Senate amend- lion in BA and $196.7 billion in outlays. Over years, the resolution provides $3,516.1 billion ment does not revise 2001 levels. For 2002, the 10 years, it provides $2,773.8 billion in BA and in BA and $3,515.7 billion in outlays for this resolution provides $278.8 billion in BA and $2,757.1 billion in outlays. function. The Conference Agreement in- $274.9 billion in outlays. Over 10 years, the Under the Conference Agreement, funding cludes a reserve fund of up to $300 billion for resolution provides $3,210.0 billion in BA and for the President’s Immediate Helping Hand Medicare reform and a prescription drug ben- $3,194.5 billion in outlays. The Senate adopt- prescription drug proposal ($43.1 billion over efit. The amount allocated from the reserve ed three amendments to the President’s 2002–2005 plus an additional $2.5 billion in fund will be determined by the Chairmen of budget. In mandatory funds for 2002, the Sen- 2001) was moved to Function 570 (Medicare). the Budget Committees of the House and ate amendment includes $319 million to ex- The Conference Agreement includes a re- Senate. The resolution also includes a re- tend TANF supplemental grants. In discre- serve fund for the Family Opportunity Act of serve fund of $13.7 billion over 10 years for tionary funds for 2002, the Senate amend- $227 million in 2002 and $8.3 billion over 10 additional Medicare home health spending. ment includes an additional $2.6 billion for years. The function totals also include a re- This reserve fund is to be used to finance the Low Income Home Energy Assistance and serve fund of $28 billion over 3 years for addi- repeal of the 15% reduction in Medicare $870 million for child care. The remaining tional health spending for the uninsured. home health payments, currently scheduled difference between the House resolution and This reserve fund can be used for either di- to take effect on October 1, 2002. the Senate amendment is due to the Senate’s rect spending or revenue changes associated FUNCTION 600: INCOME SECURITY treatment of advance appropriations and the greater amount of BA and outlays provided with legislation to improve health insurance Major Programs in Function.—Under cur- in the House resolution for the refundable coverage. The Conference Agreement also as- rent law, spending for Function 600, Income portion of tax credits. sumes Medicaid Upper Payment Limit sav- Security, will total $255.9 billion in BA and Conference Agreement.—The Conference ings of $11.7 billion over 10 years. $256.9 billion in outlays for 2001. This func- Agreement does not revise 2001 levels. For FUNCTION 570: MEDICARE tion contains: (1) major cash and in-kind 2002, the resolution provides $273.8 billion in Major Programs in Function.—Under cur- means-tested entitlements; (2) general re- BA and $272.1 billion in outlays. Over 10 rent law, spending for Function 570, Medi- tirement, disability, and pension programs years, it provides $3,222.5 billion in BA and care, will total $217.5 billion in BA and $217.7 excluding Social Security and Veterans’ $3,206.7 billion in outlays. The Conference billion in outlays for 2001. Medicare provides compensation programs; (3) federal and mili- Agreement adopts the Senate amendment re- health insurance coverage for persons over tary retirement programs; (4) unemployment garding TANF supplemental grants. age 65 and qualified disabled workers. compensation; (5) low-income housing pro- House Resolution.—The resolution estab- grams; and (6) other low-income support pro- FUNCTION 650: SOCIAL SECURITY lishes levels of $229.1 billion in budget au- grams. This last category includes Tem- Major Programs in Function.—Under cur- thority [BA] and outlays in fiscal year 2002, porary Assistance to Needy Families rent law, spending for Function 650, Social an increase of 5.3 percent in BA compared (TANF), Supplemental Security Income Security, will total $435.2 billion in BA and with fiscal year 2001. The function totals are (SSI), and spending for the refundable por- $433.1 billion in outlays for 2001. This func- $1.34 trillion in BA and $1.33 trillion in out- tion of the Earned Income Credit (EIC). tion includes Social Security benefits and lays over 5 years, and $3.31 trillion in BA and House Resolution.—The resolution estab- administrative expenses. Under provisions of outlays over 10 years. As proposed in the lishes levels of $271.5 billion in budget au- the Budget Enforcement Act, Social Secu- President’s budget, the budget resolution as- thority [BA] and $272.1 billion in outlays in rity trust funds are off-budget. The figures sumes $153 billion over 10 years for Medicare fiscal year 2002, an increase of 6.1 percent in below reflect the on-budget portions of this Reform, including the Immediate Helping BA compared with fiscal year 2001. The func- function, primarily payments from the gen- Hand Prescription Drug Plan. This total is tion totals are $1.47 trillion in BA and out- eral fund to the trust funds to credit the shared by Function 550 and Function 570; lays over 5 years, and $3.21 trillion in BA and trust funds for income taxes collected on So- Function 570 incorporates $109.9 billion of $3.20 trillion in outlays over 10 years. Con- cial Security benefits. Both on-budget and the total over 10 years. The budget is consistent with the President’s budget, the reso- off-budget spending are shown, however, in sistent with the provisions of the Social Se- lution accommodates continued State inno- the summary tables contained in the state- curity and Medicare Lock-Box Act of 2001, vation, and the mobilization of private-sec- ment of managers accompanying the Con- which stipulates that the Medicare Hospital tor, corporate, and faith-based sources, for ference Agreement. Insurance [HI] surplus can be used only for addressing the needs of low-income Ameri- House Resolution.—For on-budget spend- debt reduction or Medicare reform. The reso- cans—a process that began with the historic ing in this function, the resolution estab- lution establishes a reserve fund that could 1996 welfare reform law. In particular, the lishes levels of $11.0 billion in budget author- be used to accommodate an expanded Medi- budget proposes a number of initiatives to ity [BA] and outlays in fiscal year 2002, an care reform/prescription drug proposal. It encourage more charitable giving to commu- increase of 12.2 percent in BA compared with also establishes a general purpose reserve nity organizations that are effectively help- fiscal year 2001. The on-budget function to- fund that could address Medicare initiatives. ing disadvantaged Americans to improve tals are $62.8 billion in BA and $62.7 billion in Senate Amendment.—The Senate amend- their lives and increase their families’ well- outlays over 5 years, and $150.9 billion in BA ment does not revise 2001 levels. For 2002, the being. Other initiatives are intended to and outlays over 10 years. The resolution amendment provides $229.1 billion in BA and strengthen low-income families and to ad- supports the President’s approach to Social outlays. Over 10 years, the amendment pro- dress the needs of children caught in the Na- Security reform through the following spe- vides $3,308.0 billion in BA and $3,307.6 billion tion’s foster care system. The budget pro- cific measures:

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.035 pfrm02 PsN: H08PT1 H1988 CONGRESSIONAL RECORD — HOUSE May 8, 2001 —It assumes provisions of the Social Secu- Senate Amendment.—The Senate amend- the resolution assumes $16.6 billion in BA rity and Medicare Lock-Box Act of 2001 (H.R. ment assumes $53.8 billion in BA and $53.1 and $16.3 outlays. Over 10 years, the resolu- 2), recently passed by the House, which pro- billion in outlays in 2002, and $600.6 billion in tion provides $176.7 billion in BA and $173.4 hibits using Social Security surpluses for BA and $596.2 billion in outlays over 2002– billion in outlays. any purpose other than debt reduction or So- 2011. The Senate adopted two amendments to Conference Agreement.—The Conference cial Security reform. increase funding for Veterans Medical Care. Agreement does not revise the 2001 levels. —It assumes the President’s proposal to The first amendment added $1.718 billion in For 2002, the Conference Agreement assumes provide $7.7 billion for the SSA, an increase BA each year from 2002 to 2011 and the sec- $16.5 billion in both BA and $16.2 billion out- of $456 million, or 6.3 percent, above fiscal ond amendment added, $967 million in BA for lays. Over 10 years, it provides $183.2 billion year 2001. The increase will allow SSA to 2002. in BA and $179.5 billion in outlays. process 100,000 more initial disability claims Conference Agreement.—For 2002, it sets FUNCTION 900: NET INTEREST in 2002 than in 2001. forth $51.5 billion in BA and $50.9 billion in Major Programs in Function.—Under cur- —It makes no changes in current Social outlays. Over 10 years, it provides $605.4 bil- rent law, on-budget spending for Function Security benefits or taxes. lion in BA and $600.9 billion in outlays. 900, Net Interest, will total $254.8 billion in Senate Amendment.—The Senate amend- The agreement also assumes an increase in BA and outlays for 2002. Net interest is the ment does not revise 2001 on-budget totals of funding in mandatory spending for improve- interest paid for the federal government’s $9.8 billion in BA and outlays. For 2002, the ments to the Montgomery GI Bill and vet- borrowing minus the interest income re- resolution assumes $10.9 billion in both BA erans burial benefits. The agreement also as- ceived by the federal government. Net inter- and outlays. Over 10 years, the resolution sumes an extension of several expiring provi- est includes both on-budget and off-budget provides $140.0 billion in both BA and out- sions of the Omnibus Budget Reconciliation components, but the budget resolution text lays. Act of 1990. includes only the on-budget portion. Both The President’s budget assumes no changes FUNCTION 750: ADMINISTRATION OF JUSTICE on-budget and total interest spending are to Social Security benefits. Indirectly, how- Major Programs in Function.—Under cur- shown, however, in the summary tables con- ever, the tax cut proposal would decrease rent law, spending for Function 750, Admin- tained in the statement of managers accom- both on-budget spending and the trust fund istration of Justice, will total $30.6 billion in panying the Conference Agreement. Interest surplus. The President’s tax proposal would BA and $30.0 billion in outlays for 2001. This is a mandatory payment, with no discre- reduce marginal income rates, thereby de- function provides funding for federal law en- tionary component. creasing the amount of income taxes paid on forcement activities. These activities in- House Resolution.—The accounting of net Social Security benefits. This reduces on- clude criminal investigations by the Federal interest in the budget includes only the on- budget payments from the general fund to Bureau of Investigation and the Drug En- budget component of interest spending. This the trust funds to credit the trust funds for forcement Administration, and border en- spending declines at a relatively steady but income taxes paid on Social Security bene- forcement and the control of illegal immi- moderate pace from $274 billion in 2001 to fits by $11 billion over 10 years. The dif- gration by the Customs Service and the Im- $219 billion in 2011. But even this decline un- ference between the House resolution and migration and Naturalization Service. Also derstates—by significant amounts—the bene- the Senate amendment is that the House funded through this function are the federal fits to taxpayers of the debt reduction incor- holds the Social Security trust funds harm- courts, federal prison operation and con- porated in this budget. When off-budget in- less for the impact of the tax cut. struction, and criminal justice assistance. terest is taken into account (the increasing Conference Agreement.—The Conference House Resolution.—The resolution estab- Federal credit accruing to the Social Secu- Agreement does not revise 2001 on-budget to- lishes levels of $30.9 billion in budget author- rity Trust Fund surplus in the form of gov- tals. The Senate recedes to the House and ity [BA] and $30.3 billion in outlays in 2002, ernment IOUs, and entered as negative agrees to hold the trust funds harmless for an increase of 1.0 percent in BA compared spending), the overall net interest spending the impact of any tax cuts resulting from with fiscal year 2001. The function totals are of the Federal Government is being virtually this agreement. For 2002, the Conference $166.6 billion in BA and $166.5 billion in out- eliminated. It declines from $205 billion in Agreement assumes $11.0 billion in both BA lays over 5 years, and $359.3 billion in BA and 2001 to just $21 billion. in 2011. and outlays. Over 10 years, it provides $150.9 $356.8 billion in outlays over 10 years. The Senate Amendment.—The Senate amend- billion in BA and $150.9 billion in outlays. resolution accommodates the President’s ment revises the 2001 on-budget levels to FUNCTION 700: VETERANS BENEFITS AND proposals to increase funding for the Drug $275.5 billion in BA and outlays. For 2002, it SERVICES Enforcement Agency by 9 percent; the Fed- sets forth on-budget levels of $262.1 billion in Major Programs in Function.—Under cur- eral Bureau of Investigation by 8 percent; BA and outlays. Over ten years, it provides rent law, spending for Function 700 Veterans the Federal Bureau of Prisons by 8 percent; on-budget amounts of $2,410.0 billion in BA Benefits and Services, will total $46.7 billion the U.S. Attorneys by 7 percent; and to hire and outlays. in BA and $45.9 billion in outlays for 2001. and train 550 new Border Control agents. Conference Agreement.—The Conference This budget function includes income secu- Senate Amendment.—For 2002, the resolu- Agreement revises the 2001 on-budget levels rity needs of disabled veterans, indigent vet- tion sets forth $32.4 billion in BA and $31.8 to $275.5 billion in BA and outlays. For 2002, erans, and survivors of deceased veterans billion in outlays. Over the 2002–2011 ten year it sets forth on-budget levels of $262.1 billion through compensation benefits, pensions, period, it sets forth $360.8 billion in BA and in BA and outlays. Over ten years, it pro- and life insurance programs. Major edu- $358.3 billion in outlays. These levels reflect vides on-budget amounts of $2,410.0 billion in cation, training, and rehabilitation and read- adoption of an amendment to increase De- BA and outlays. justment programs include the Montgomery partment of Justice state and local law en- FUNCTION 920: ALLOWANCES GI Bill, the Veterans Educational Assistance forcement assistance grant programs by $1.5 Major Programs in Function.—Under cur- program, and the Vocational Rehabilitation billion in 2002. rent law, spending for Function 920, Allow- and Counseling program. Veterans can also Conference Agreement.—The Conference ances, will total ¥$0.5 billion in BA and receive guarantees on home loans. Roughly Agreement sets forth $32.4 billion in BA and ¥$0.3 billion in outlays for 2001. This func- half of all spending in this function is for the $31.4 billion in outlays for 2002. Over the 2002– tion usually displays the budgetary effects of Veterans Health Administration, which is 2011, the agreement sets forth $378.5 billion proposals that cannot be easily distributed comprised of hospitals, nursing homes, domi- in BA and $374.8 billion in outlays. across other budget functions. In the case of ciliaries, and outpatient clinics. FUNCTION 800: GENERAL GOVERNMENT 2001, it reflects the 0.22% across-the-board House Resolution.—The resolution estab- Major Programs in Function.—Under cur- cut that was enacted in the Omnibus Con- lishes levels of $52.3 billion in BA and $51.6 rent law, spending for Function 800 General solidated and Emergency Supplemental Ap- billion in outlays in fiscal year 2002, an in- Government, will total $16.3 billion in BA propriations for Fiscal Year 2001. CBO could crease of 12 percent in BA compared with fis- and $16.1 billion in outlays for 2001. This not display those cuts by account and by cal year 2001. The function totals are $278.7 function consists of the activities of the Leg- function until the Administration could dis- billion in BA and $276.5 in outlays over 5 islative Branch, the Executive Office of the play how the cuts would be implemented in years, and $594.0 billion in BA and $589.8 bil- President, U.S. Treasury fiscal operations the release of the full President’s budget re- lion in outlays over 10 years. (including the Internal Revenue Service), quest. The budget assumes the enactment of vet- personnel and property management, and In past years, Function 920 has also in- erans’ burial benefits enhancements in H.R. general purpose fiscal assistance to states, cluded total savings or costs from proposals 801, the Veterans’ Opportunity Act of 2001. It localities, and U.S. territories. associated with emergency spending or pro- also assumes increases in mandatory spend- House Resolution.—The resolution estab- posals contingent on possible future events ing for Montgomery GI Bill education bene- lishes levels of $16.7 billion in budget author- that have uncertain chances of occurring. fits improvements. The budget assumes the ity [BA] and $16.3 billion in outlays in fiscal Most recently, in the Senate amendment and permanent extension of several expiring pro- year 2002, an increase of 2.2 percent in BA Conference Agreement on budget resolutions visions of existing law pertaining to veterans compared with fiscal year 2001. The function for both 2001 and 2002, the figures expressed benefits. These include IRS income totals are $84.2 billion in BA and $83.0 billion in the budget resolution text (as well as the verification for means-tested veterans and in outlays over 5 years, and $176.7 billion in summary tables) for all other budget func- survivor benefits; limiting VA pension to BA and $173.4 billion in outlays over 10 years. tions reflect the total level of discretionary Medicaid recipients in nursing homes; and Senate Amendment.—The Senate amend- spending contemplated by the budget resolu- continuing current housing loan fees. ment does not revise the 2001 levels. For 2002, tion (e.g., as described in section 203 of the

VerDate 08-MAY-2001 03:48 May 09, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.036 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1989 Conference Agreement on the 2002 budget). House Resolution.—The resolution calls for (The refundable elements of the President’s These levels are higher than the statutory ¥$42.3 billion in budget authority [BA] and tax proposals, which are treated as spending, cap on discretionary spending in place for outlays in fiscal year 2002, a decrease of 10.6 appear in the functional areas to which they those years. But because a budget resolution percent in BA compared with fiscal year 2001, apply.) It also assumes, but does not rec- would be out of order in the Senate if it con- (or an increase of 10.6 percent in receipts oncile, the revenue effect of a proposed retains a level of discretionary spending higher compared with fiscal year 2001). The 5-year duction in fees levied by the Securities and than the statutory cap, the figures in the function totals are ¥$239.8 billion in BA and Exchange Commission, and a requirement budget resolution text in Function 920 have outlays; and the 10-year totals are ¥$492.3 that the Federal Reserve pay interest on de- had to reflect a negative entry that reduces billion in BA and outlays. posits at the Reserve. The resolution also es- the net level of discretionary spending from These totals comprise entirely of manda- tablishes a reserve fund for further tax re- the contemplated level (as aggregated across tory spending. There is no discretionary duction should the Congressional Budget Of- all other budget functions) to the statutory spending in this function. fice’s summer update indicate additional level. The summary tables, however, omit The resolution does not assume lease bo- non-Social Security surpluses. The reserve this negative entry for Function 920 so that nuses from the Arctic National Wildlife Ref- fund could allow for measures such as exten- their aggregates reflect the levels ultimately uge or an analog spectrum license fee or sion of Medical Savings Accounts, repeal of intended by the resolution. other spectrum offsets. It also assumes per- transportation deficit reduction fuel taxes, House Resolution.—For discretionary manent extension of the Balanced Budget and reduction of the capital gains rate. spending, the budget resolution calls for $5.0 Act [BBEDCA] provision that increased, by Senate Amendment.—The Senate amend- billion in budget authority [BA] and $1.8 bil- 1.51 percentage points, Federal agency con- lion in outlays in fiscal year 2002. The 5-year ment revises the 2001 on-budget revenue level tributions to the Civil Service Retirement to $1,630.3 billion. It sets forth on-budget rev- spending totals are $29.1 billion in BA and and Disability Trust Fund [CSRDF] on be- $22.4 billion in outlays; and the 10-year totals enues of $1,644.8 billion in 2002, and $20,007.1 half of their CSRS-participant employees. billion over the ten years 2002–2011. The Sen- are $64.0 billion in BA and $55.5 billion in That provision had been scheduled to sunset outlays. There is no mandatory spending in ate amendment assumes a tax reduction, rel- after fiscal year 2002. ative to the CBO baseline, of $1,188.1 billion this function. Senate Amendment.—The Senate amend- over the period 2002–2011, about $450 billion The funds identified constitute primarily a ment does not revise the 2001 levels. For 2002, less than the tax relief assumed in the House set-aside fund for unanticipated emergency the resolution provides ¥$38.8 billion in BA resolution. The Senate amendment includes needs during the fiscal year. and outlays. Over 10 years, the resolution Senate Amendment.—The Senate amend- an allowance (in Function 920) for a surplus provides ¥$495.7 billion in BA and outlays. ment revises the 2001 levels to $80.5 billion in refund of up to $85 billion in 2001. The refund The Senate amendment is the same as the BA and $80.7 billion in outlays in 2001, re- represents about 88 percent of the $96 billion House resolution, except that it reflects both flecting the Senate’s adoption of an amend- non-Social Security, non-Hospital Insurance the President’s proposals to delay certain ment to further increase a tax refund for surplus projected under current law for 2001. spectrum auctions and to impose a fee on that year. For 2002, the resolution sets forth The tax relief assumed in the Senate amend- broadcasters using spectrum channels for ¥$6.1 billion in BA and ¥$8.6 billion in out- ment represents just four percent of all pro- analog broadcasts to encourage the transi- lays. The resolution provides ¥$15.9 billion jected revenues over the next ten years, and tion to digital television. in BA and ¥$23.1 billion in outlays over 2002– less than one percent of GDP over the next Conference Agreement.—The Conference 2010. These figures (as shown in the summary ten years. Agreement does not revise the 2001 levels. tables) reflect the effect of 13 amendments For 2002, the resolution provides ¥$38.8 bil- Conference Agreement.—The Conference adopted by the Senate that sought to suggest Agreement includes language for reconcili- an increase in spending in other functions lion in BA and outlays. Over 10 years, it pro- ¥ ation of tax relief including a surplus refund and that appeared to ‘‘offset’’ such increased vides $494.1 billion in BA and outlays. The conferees agree to the President’s proposal of $1.350 trillion over the period 2001–2011. spending by bookkeeping the same amount (see description of reconciliation). In addi- with a negative value in Function 920. These to delay certain spectrum auctions that was assumed in the Senate amendment, but do tion, the Conference Agreement accepts the figures do not include the entry necessary to House position to assume a one-year exten- reduce the overall discretionary level to the not agree to the President’s proposal for an analog lease fee. sion of tax provisions expiring in 2001, legis- statutory cap. lation to reduce SEC fees, and legislation to Conference Agreement.—The Conference REVENUES permit the Federal Reserve System to pay Agreement revises the 2001 levels to $84.5 bil- Federal revenues are taxes and other col- interest on reserve balances. These three lion in BA and $84.7 billion in outlays. For lections from the public that result from the provisions would not be reconciled, and are 2002, the resolution provides ¥$6.0 billion in government’s sovereign or governmental assumed to reduce revenues by $19 billion BA and ¥$3.7 billion in outlays. Over 10 powers. Federal revenues include individual over ten years. The total amount of tax re- years, it provides ¥$66.8 billion in BA and income taxes, corporate income taxes, social ¥$62.6 billion in outlays. lief, surplus refund, and other revenue insurance taxes, excise taxes, estate and gift changes assumed in the Conference Agree- FUNCTION 950: UNDISTRIBUTED OFFSETTING taxes, custom duties and miscellaneous re- ment, both reconciled and non-reconciled, is RECEIPTS ceipts (which include deposits of earnings by $1.369 trillion over the 2001–2011 period. Major Programs in Function.—Under cur- the Federal Reserve System, fines, penalties, rent law, receipts in Function 950, Undistrib- fees for regulatory services, and others). DEBT LEVELS uted Offsetting Receipts, will total about Under current law, federal tax collections Debt held by the public peaked at $3.773 $46.2 billion (negative BA and outlays) for are projected to total $28 trillion over the trillion in 1997. At the end of 2001, debt held 2001. Function 950 includes both on-budget next ten years. This year, total revenues are by the public is projected to be $3.243 tril- and off-budget components, but the budget projected to equal 20.7 percent of GDP, lion, $530 billion lower than just four years resolution text includes only the on-budget slightly below the World War II record level ago. This is a reduction of 14 percent from portion. Both on-budget and total receipts of 20.9 percent. Over the projection period peak levels. are shown, however, in the summary tables 2002–2011, under current law, total revenues contained in this Conference Agreement. are projected to average 20.3 percent of GDP, The table on the following page shows the This function records offsetting receipts (re- far above historical averages for any time levels of debt held by the public resulting ceipts, not federal revenues or taxes, that period, including times of war. from the policies assumed in the Conference the budget shows as offsets to spending pro- House Resolution.—The House resolution Agreement. The policies assumed in the Con- grams) that are too large to record in other provides for $1.62 trillion in tax reduction ference Agreement result in a reduction in budget functions. Such receipts are either over the next 10 years. This level would ac- debt in every year through 2011 and total intrabudgetary (a payment from one federal commodate the President’s priority tax cut debt reduction of $2.425 trillion from the end agency to another, such as agency payments proposals: reducing marginal tax rates, dou- of 2001 through the end of 2011. Debt held by to the retirement trust funds) or proprietary bling the per-child tax credit; providing re- the public falls to 4.8 percent of GDP, its (a payment from the public for some type of lief from the marriage penalty, and pro- lowest level since 1916, prior to World War I. business transaction with the government). viding death tax relief. It also provides for The Conference Agreement proposals re- The main types of receipts recorded as ‘‘un- additional tax reduction, subject to the dis- sult in retiring the maximum amount of pub- distributed’’ in this function are: the pay- cretion of the Committee on Ways and lic debt that can reasonably be retired. ments federal agencies make to retirement Means. Such measures might include chari- Under the budget resolution, the debt re- trust funds for their employees, payments table deduction expansion; refundable tax maining in 2010 and 2011 is considered (by made by companies for the right to explore credits for private health insurance; Edu- CBO’s estimates) to be the minimum debt and produce oil and gas on the Outer Conti- cation Savings Account expansion and other level. It consists mostly of marketable bonds nental Shelf, and payments by those who bid education provisions; Individual Retirement that will not have matured and that will be for the right to buy or use the public prop- Account [IRA] increases and other pension too expensive to buy back, savings bonds, erty or resources, such as the electro- reform; and permanent extension of the re- and special bonds for State and local govern- magnetic spectrum. search and development [R&D] tax credit. ments.

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2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Debt Held by the Public ...... 3,243.2 3,037.9 2,810.7 2,563.6 2,303.1 2,022.5 1,702.9 1,350.0 947.3 878.0 818.0

RECONCILIATION INSTRUCTIONS Budget Committee no later than July 24, legislation to reduce revenues by not more Under section 310(a) of the Budget Act, the 2001. An additional omnibus bill will be com- than $1.25 trillion and increase outlays by budget resolution may include directives to posed of submissions from six different com- not more than $100 billion for the period of the committees of jurisdiction to make revi- mittees that will contain both spending and fiscal years 2001 through 2011 provided that sions in law necessary to accomplish a speci- revenue changes. These Committees are re- $100 billion of the revenues and outlays fied change in spending or revenues. If the quired to submit their recommendations to changes shall only be available for 2001 and resolution includes directives to only one the Budget Committee by September 11, 2001. 2002. The Conference Agreement also pro- committee of the House or Senate, then that Senate amendment vides a reconciliation instruction to the committee is required to directly report to House Committee on Ways and Means to re- The Senate amendment provides a rec- its House legislative language of its design port legislation by May 18, 2001 to reduce onciliation instruction to the Senate Com- that would implement the spending or rev- revenues by not more than $1.250 trillion for mittee on Finance to reduce revenues for the enue changes provided for in the resolution. the period of fiscal years 2001 through 2011 period of fiscal years 2001 through 2011 by not Any bill considered pursuant to a reconcili- and to increase outlays by not more than more than the amount of revenue reductions ation instruction is subject to special proce- $100 billion for the period of fiscal years 2001 set out in the revenue aggregates in the reso- dures set forth in sections 310 and 313 of the through 2011. The total reconciliation in- lution. It also instructs the Committee on Budget Act. struction to both the House Committee on Finance to increase outlays by not more House resolution Ways and Means and the Senate Committee than $60 billion for the period of fiscal years on Finance is for $1.350 trillion over the pe- Section 4 provides for five different rec- 2001 through 2011. This reconciliation in- riod 2001 through 2011. onciliation bills. It contains directives to the struction was added by an amendment of- Ways and Means Committee to report three fered by Senator Domenici. The reduction in ALLOCATIONS tax-only bills to the floor by May 2, May 23, the revenue aggregates plus the $60 billion in and June 20 of fiscal year 2001. Additional di- As required in section 302 of the Budget outlays would permit up to $1.248 trillion in rectives to the Ways and Means and the En- Act, the joint statement of the managers in- ‘‘tax relief’’ over this 11-year period. ergy and Commerce Committees are de- cludes an allocation, based on the Con- signed to allow those committees to reform Conference agreement ference Agreement, of total budget authority the Medicare program and provide a pre- The Conference Agreement provides a rec- and total budget outlays among each of the scription drug benefit. The Medicare-related onciliation instruction to the Senate Com- appropriate House and Senate committees. legislation must be submitted to the House mittee on Finance to report by May 18, 2001, The allocations are as follows:

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VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.041 pfrm02 PsN: H08PT1 Insert offset folio 88 here EH08MY01.024 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H1999 The Conferees agree that it would be ideal will be identified in the joint statement of onciliation bills); (2) eliminates the non-de- to enforce this resolution using CBO’s best managers. batable motion to reduce the time, so that cost estimates based on its most recent base- Section 12: Compliance with Section 13301 time may only be reduced by unanimous con- line. Typically, CBO prepares a preliminary Section 12 provides the House the author- sent; (3) reduces time on 1st degree amend- baseline published in January and then a re- ity to include the administrative expenses ments from 2 hours to 1 hour, and reduce vised baseline in March that incorporates in- related to Social Security in the 302(a) allo- time on amendments to amendments (and formation CBO learns in reestimating the cation to the Appropriations Committee. As debatable motions and appeals) from 1 hour President’s budget, which is usually released part of an agreement between the House and to 30 minutes; (4) requires that 1st degree in early February. Almost always, the budg- Senate Budget Committees in 2000, the ad- amendments be offered or filed with the et resolution is based on CBO’s revised base- ministrative expenses of the Social Security Clerk prior to the end of the 10th hour of line. This year, however, the President’s trust funds are no longer included in the consideration and that 2nd degree amend- budget was not released until April 9, so CBO budget resolution. The Budget Committees, ments be offered or filed with the Clerk prior will not release its full analysis of the Presi- however, continue to include these expenses to the end of the 20th hour of consideration; dent’s budget and accompanying revised in the 302(a) allocations of the Appropria- (5) requires that after 40 hours of consider- baseline until May 18. Thus, this budget res- tions Committee because they are controlled olution is still based on CBO’s preliminary ation, the resolution be set aside for 1 cal- through the annual appropriations process. baseline. Therefore the Conferees intend that endar day; (6) provides that waiver or appeal Absent the authority provided under section the Chairmen of the Committees on the from these new rules requires 60 votes in the 12, these expenses could not be included in Budget will enforce this resolution (pursuant Senate. the 302(a) allocations because the allocations to Section 312 of the Budget Act) with re- must be consistent with the amounts set Conference Agreement spect to appropriation measures consistent forth in the budget resolution. with the assumptions underlying CBO’s re- Section 201: Restrictions on Advance Appro- vised baseline only after CBO publishes its Senate amendment priations—House analysis of the President’s budgetary pro- Section 201: Restrictions on Advance Appro- Section 201 of the Conference Agreement posals for fiscal year 2002 including its re- priations adopts a limitation on advance appropria- vised baseline and only to reflect the revised The Senate amendment contains a new tions similar to the approach taken in last baseline, and may use CBO’s estimates (that scoring rule with respect to advance appro- year’s budget resolution. The Conference are consistent with the revised baseline) for priations. The new rule provides that both Agreement establishes a rule against any ad- purposes of enforcing the budget resolution. the BA and the outlays for an advance appro- vance appropriation for 2003 and any year The Conferees also agree that transfers priation will be scored for the budget year from non-budgetary governmental entities thereafter with two exceptions: (1) advance regardless of the fiscal year in which the appropriations may be provided for the ac- such as the Federal Reserve Banks shall not funds actually become available for obliga- be used to offset increased on-budget spend- counts in the appropriation bills listed tion. An exception is provided for advance below, provided that their sum does not ex- ing when such transfers produce no real appropriations which provide full funding for budgetary effects. It has long been the view ceed $23.159 billion in budget authority for a capital project. The exception is intended 2003 and (2) advance appropriations may be of both Committees on the Budget that to apply to the federal buildings fund within transfers of Federal Reserve surpluses to the provided for the Corporation for Public the General Services Administration and not Broadcasting. Treasury are not valid offsets for increased as a means of providing incremental funding spending. Nonetheless, such transfers have to other federal acquisitions. Accounts Identified for Advance Appro- been legislated in the past—as recently as priations: the fall of 1999. The Conferees agree to a Section 202: Mechanism for implementing in- Commerce, Justice, State scoring rule to make clear that such trans- crease of fiscal year 2002 discretionary Patent and Trademark Office (13 1006 01 fers will not be taken into account when de- spending limits 376) termining compliance with the various The Senate amendment contains a mecha- Legal Activities and U.S. Marshals, Anti- Budget Act and Senate paygo points of nism virtually identical to that which was trust Division (15 0319 01 752) order. included in section 206 of the fiscal year 2001 U.S. Trustee System (15 5073 02 752) budget resolution. The Senate amendment RULEMAKING AND BUDGETARY PROCEDURES Federal Trade Commission (29 0100 01 376) provides the Chairman of the Senate Com- ENFORCEMENT PROCEDURES Interior mittee on the Budget the authority to in- The Budget Act contains procedures for Elk Hills (89 5428 02 271) crease the section 302(a) allocation to the the enforcement of the levels contained Labor, Health and Human Services, Edu- Committee on Appropriations after the stat- therein. In addition, many budget resolu- cation utory discretionary spending limit for fiscal tions have contained additional enforcement Employment and Training Administration year 2002 (set forth in section 251 of the Bal- procedures. In general, enforcement is ac- (16 0174 01 504) anced Budget and Emergency Deficit Control complished by setting forth new scoring Health Resources (75 0350 01 551) Act of 1985) has been amended. Such adjust- rules or new points of order which can be Low Income Home Energy Assistance Pro- ment is limited to the levels set forth in the raised by any member of either House. Sub- gram (75 1502 01 609) mechanism. As passed the Senate, the allo- title A of title II of the Conference Agree- Child Care Development Block Grant (75 cation may be adjusted up to $689.2 billion in ment contains 4 such provisions. 1515 01 609) BA and $666.5 in outlays for the general dis- Elementary and Secondary Education House resolution cretionary category, $28.5 billion in outlays [reading excellence] (91 0011 01 501) Section 5: Reserve Fund for Emergencies for the highway category, $5.3 billion in out- Education for the Disadvantaged (91 0900 01 Section 5 modifies Congressional proce- lays for the mass transit category, and $1.76 501) dures related to emergency spending in fiscal billion in BA and $1.38 in outlays for the con- School Improvement (91 1000 01 501) year 2001. It establishes a separate allocation servation category. Note that with an excep- Children and Family Services [head start] to the Appropriations Committee for emer- tion for a necessary adjustment within Func- (75 1536 01 506) gencies of $5.6 billion. In lieu of the current tion 920 (to bring the Senate-passed resolu- Special Education (91 0300 01 501) practice of automatically increasing the ap- tion in compliance with section 312(b) of the Vocational and Adult Education (91 0400 01 propriate levels in the budget resolution for Budget Act) these numbers are intended to 501) designated emergencies, it permits the Ap- reflect the sum of the functional totals. Treasury, General Government propriations Committee to make such ad- However due to mathematical inconsistency Payment to Postal Service (18 1001 01 372) justments only if emergency-designated ap- within some of the amendments adopted dur- Federal Building Fund (47 4542 04 804) propriations meet a statutory definition of ing the Senate debate of the resolution, this Veterans, Housing and Urban Development an emergency and key disaster accounts may not be the case. Section 8 Renewals (86 0319 01 604) have been fully funded. Section 207: Limitation on consideration of Section 13: Restrictions on Advance Appro- amendments under reconciliation and a The Conference Agreement adopts the defi- priations budget resolution nition of ‘‘advance appropriation’’ that was Section 13 establishes a scoring rule and The Senate amendment contains language used in section 203(b)(2) of last year’s budget budgetary control designed to limit advance which modifies the time for debate on budget resolution (which was the provision applica- appropriations. It provides that for purposes resolutions, reconciliation bills, and amend- ble in the House of Representatives). This of enforcing the budget resolution, advance ments thereto. The language was added by limitation can be enforced by points of order, appropriations are to be scored in the year in an amendment offered by Senator Byrd. The which may be raised against advance appro- which they are enacted. Under current Senate amendment modifies the procedural priations not falling within the exception. scorekeeping conventions, appropriations rules as follows: (1) limits overall debate The effect of a point of order under this sec- are scored in the year in which they are time (including the offering of amendments) tion, if sustained by the Chair, is to cause available for obligation. An exception is pro- for both budget resolutions and reconcili- the appropriation(s) to be stricken from the vided for programs for which advance appro- ation bills to 50 hours (current rules permit bill or joint resolution. The bill itself, how- priations do not exceed a specified level that 50 hours for budget resolutions and 20 for rec- ever, continues to be considered.

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Section 202: Restrictions on Advance Appro- way category, $5.275 billion in outlays for the (2) APPLICABLE TIME PERIODS.—For the pur- priations—Senate mass transit category, and $1.760 billion in poses of this subsection the term ‘‘applicable Section 201(a) of the Conference Agreement BA and $1.232 billion in outlays for the con- time period’’ means any one of the three fol- adopts a limitation on advance appropria- servation category. Note that with an excep- lowing time periods: tions similar to the approach taken in last tion for a necessary adjustment within Func- (A) The first year covered by the most re- year’s budget resolution. The Conference tion 920 (to bring the Conference Agreement cently adopted concurrent resolution on the Agreement prohibits any advance appropria- in to compliance with section 312(b) of the budget. tion for 2003 and any year thereafter with Budget Act), the functional totals of this (B) The period of the first 5 fiscal years two exceptions: (1) advance appropriations Conference Agreement reflect a level of dis- covered by the most recently adopted con- may be provided for the accounts in the ap- cretionary spending equal to the levels pro- current resolution on the budget. propriation bills listed below, provided that vided in this section. (C) The period of the 5 fiscal years fol- their sum does not exceed $23.159 billion in Section 203 of the Conference Agreement lowing the first 5 fiscal years covered by the budget authority for 2003 and (2) advance ap- also includes a mechanism for establishing a most recently adopted concurrent resolution propriations may be provided for the Cor- budget authority firewall in the Senate with on the budget. poration for Public Broadcasting. respect to defense and nondefense discre- (3) DIRECT-SPENDING LEGISLATION.—For Accounts Identified for Advance Appro- tionary spending. This firewall would be en- purposes of this subsection and except as priations: forced by a 60-vote point of order only after provided in paragraph (4), the term ‘‘direct- the section 251 discretionary spending limit spending legislation’’ means any bill, joint Commerce, Justice, State for 2002 has been amended. Similar language resolution, amendment, motion, or con- Patent and Trademark Office (13 1006 01 was included in section 207 of last year’s ference report that affects direct spending as 376) budget resolution. The Conferees feel that a that term is defined by and interpreted for Legal Activities and U.S. Marshals, Anti- firewall is necessary to add credibility to the purposes of the Balanced Budget and Emer- trust Division (15 0319 01 752) total level of discretionary spending pro- gency Deficit Control Act of 1985. U.S. Trustee System (15 5073 02 752) vided for in this resolution given the addi- (4) EXCLUSION.—For purposes of this sub- Federal Trade Commission (29 0100 01 376) tional authority set out in section 218 of the section the terms ‘‘direct-spending legisla- Interior resolution to increase the section 302(a) allo- tion’’ and ‘‘revenue legislation’’ do not in- Elk Hills (89 5428 02 271) cation to the Committee on Appropriations clude— Labor, Health and Human Services, Edu- for additional defense spending. The Con- (A) any concurrent resolution on the budg- cation ferees stress the need for the President to et; or Employment and Training Administration transmit to Congress a budget amendment (B) any provision of legislation that affect (16 0174 01 504) requesting additional resources for defense the full funding of, and continuation of, the Health Resources (75 0350 01 551) after the completion of the President’s Na- deposit insurance guarantee commitment in Low Income Home Energy Assistance Pro- tional Defense Review prior to the Chairman effect on the date of enactment of the Budg- gram (75 1502 01 609) of the Budget Committee considering any in- et Enforcement Act of 1990. Child Care Development Block Grant (75 crease in the 302(a) allocation pursuant to (5) BASELINE.—Estimates prepared pursu- 1515 01 609) section 218. ant to this section shall— Elementary and Secondary Education (A) use the baseline used for the most re- [reading excellence] (91 0011 01 501) Section 204: Compliance with Section 13301 of the Budget Enforcement Act of 1990 cently adopted concurrent resolution on the Education for the disadvantaged (91 0900 01 budget, and Section 204 of the Conference Agreement 501) (B) be calculated under the requirements retains the language of section 12 of the School Improvement (91 1000 01 501) of subsection (b) through (d) of section 257 of House Resolution regarding the budgetary Children and Family Services [head start] the Balanced Budget and Emergency Deficit treatment in the House of discretionary (75 1536 01 506) Control Act of 1985 for fiscal years beyond spending for the Social Security Administra- Special Education (91 0300 01 501) those covered by that concurrent resolution tion. Similar language was included in sec- Vocational and Adult Education (91 0400 01 on the budget. 501) tion 231 of last year’s resolution. (6) PRIOR SURPLUS.—If direct spending or Treasury, General Government Other issues revenue legislation increases the on-budget Payment to Postal Service (18 1001 01 372) The Conference Agreement does not in- deficit or cause an on-budget deficit when Federal Building Fund (47 4542 04 804) clude any language reflecting section 206 of taken individually, then it must also in- Veterans, Housing and Urban Development the Senate amendment which provided limi- crease the on-budget deficit or causes an on- Section 8 Renewals (86 0319 01 604) tations on consideration of amendments to budget deficit when taken together with all The Conference Agreement adopts the defi- budget resolutions and reconciliation bills in direct spending and revenue legislation en- nition of ‘‘advance appropriation’’ that was the Senate. acted since the beginning of the calendar used in section 203(b)(2) of last year’s budget Senate Pay-as-you-go Point of Order year not accounted for in the baseline under resolution (which was the provision applica- For convenience, and in keeping with pre- paragraph (5)(A), except that the direct ble in the Senate). Both the overall cap on vious years, the text of the Senate’s current spending or revenue effects resulting from advanced appropriations for fiscal year 2002 Pay-go point of order (see Section 207 of H. legislation enacted pursuant to the rec- for the specified accounts and the prohibi- Con. Res. 68 (106th Cong. 1st Sess.) and the onciliation instruction included in that con- tion for subsequent fiscal years will be en- starting balances for the Senate pay-go current resolution on the budget shall not be forced in the Senate by a 60-vote point of scorecard are set out below. The starting available. order. The effect of a point of order under balance represents the Congressional Budget (c) WAIVER.—This section may be waived this section, if sustained by the Chair, is to Office’s baseline estimate of the on-budget or suspended in the Senate only by the af- cause the appropriation(s) to be stricken surpluses over the ten-year period. The Con- firmative vote of three-fifths of the Mem- from the bill or joint resolution. The bill ferees note that the levels of spending and bers, duly chosen and sworn. itself, however, continues to be considered. revenue reductions set out in the Conference (d) APPEALS.—Appeals in the Senate from Section 203: Mechanism for Implementing In- Agreement, if enacted, would not result in a the decisions of the Chair relating to any crease of Fiscal Year 2002 Discretionary violation of the Senate pay-as-you-go point provision of this section shall be limited to 1 Spending Limits of order. hour, to be equally divided between, and con- Section 203 of the Conference Agreement SEC. . PAY-AS-YOU-GO POINT OF ORDER IN THE trolled by, the appellant and the manager of retains the language from section 202 of the SENATE. the bill or joint resolution, as the case may Senate amendment. Virtually identical lan- (a) PURPOSES.—The Senate declares that it be. An affirmative vote of three-fifths of the guage was included in section 206 of last is essential to— Members of the Senate, duly chosen and year’s budget resolution. It provides the (1) ensure continued compliance with the sworn, shall be required in the Senate to sus- Chairman of the Senate Committee on the balanced budget plan set forth in this resolu- tain an appeal of the ruling of the Chair on Budget the authority to increase the section tion; and a point of order raised under this section. 302(a) allocation to the Committee on Appro- (2) continue the pay-as-you-go enforce- (e) DETERMINATION OF BUDGET LEVELS.— priations after the statutory discretionary ment system. For purposes of this section, the levels of spending limit for fiscal year 2002 (set forth (b) POINT OF ORDER.— new budget authority, outlays, and revenues in section 251 of the Balanced Budget and (1) IN GENERAL.—It shall not be in order in for a fiscal year shall be determined on the Emergency Deficit Control Act of 1985) has the Senate to consider any direct spending basis of estimates made by the Committee been amended. The Conference Agreement or revenue legislation that would increase on the Budget of the Senate. permits the allocation to be adjusted up to the on-budget deficit or cause an on-budget (f) CONFORMING AMENDMENT.—Section 23 of $659.540 billion in BA and $647.780 billion in deficit for any one of the three applicable H. Con. Res. 218 (103rd Cong.) is repealed. outlays for the general discretionary cat- time periods as measured in paragraphs (5) (g) SUNSET.—Subsections (a) through (e) of egory, $28.489 billion in outlays for the high- and (6). this section shall expire September 30, 2002.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.044 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2001 2002 BUDGET RESOLUTION [$ Billions]

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Baseline on-budget surpluses ...... 142.097 171.286 195.686 211.605 266.799 316.203 359.195 416.669 484.265 558.187

RESERVE FUNDS or debt reduction if the surplus estimates in- the Congressional Budget Office has esti- Reserve funds are special procedures which crease in the Congressional Budget Office up- mated would also be required to fully fund permit the consideration of specified legisla- date of its budget and economic forecast for these benefits. Adjustments may not exceed tion by making available the resources that any fiscal years 2001 through 2011. If the esti- $2.9 billion for fiscal year 2002 or $40 billion are assumed within the aggregate levels of mate of the on-budget surplus increases, the for the period of fiscal years 2002 through the budget resolution, but are not initially chairman of the Budget Committee may in- 2011. In addition, no adjustment may be allocated to the appropriate committee of crease the tax cut or reduce the debt levels made if the sum of the cost of this legisla- jurisdiction. In general, such provisions pro- by up to the amount of the increase in the tion taken together with previously enacted vide that upon the reporting of the legisla- surplus. legislation would reduce the level of the tion by the appropriate committee, the Senate amendment Medicare Hospital Insurance trust fund for Chairmen of the Committees on the Budget Section 203: Reserve fund for prescription any fiscal year covered by the budget resolu- may adjust the appropriate allocations to ac- drugs and Medicare reform in the Senate tion. commodate the legislation provided that all The Senate amendment contains language Section 209: Reserve fund for refundable tax the terms of the reserve fund have been sat- creating a reserve fund for Medicare reform credits isfied. The Chairmen intend to make reserve and a prescription drug benefit. This reserve The Senate amendment contains language fund adjustments only for legislation refund replaced the language in the initial sub- which in effect provides ‘‘fungibility’’ be- ported by the appropriate committee. Sub- stitute amendment offered by Senator tween outlays and revenues in a reconcili- title B of Title II of the Conference Agree- Domenici and was added by an amendment ation tax legislation. This provision was ment contains nine reserve funds. offered by Senator Grassley. The Senate added by an amendment offered by Senator House resolution amendment permits budget resolution levels Bingaman. The Senate amendment permits budget resolution levels, committee alloca- Section 6: Strategic Reserve and committee allocation to be adjusted for legislation reported from Senate Committee tion, and reconciliation instruction to be ad- Section 6 establishes a reserve fund for De- on Finance that reforms medicare and im- justed for legislation reported from the Sen- partment of Defense spending following the proves access to prescription drugs for bene- ate Committee on Finance that provides re- President’s National Defense Review and a ficiaries. The adjustments may not exceed fundable tax credits. Adjustments are lim- potential reauthorization of the Federal Ag- the Congressional Budget Offices’s cost esti- ited such that the sum of the spending in- riculture Improvement Act of 1996. It could mate of either a plan submitted by the Presi- crease and revenue reductions must not ex- also accommodate other legislation. In order dent or a comparable plan submitted by the ceed the total amount of the reconciliation to be eligible for adjustments under this sec- Chairman of the Committee on Finance and instruction. This will have the same effect as tion, the legislation must be reported before in no case may total spending exceed $300 the ‘‘fungibility’’ language set out in section July 11, 2001. billion for the period of fiscal years 2002 310(c) of the Budget Act—and is superfluous Section 7: Supplemental Reserve for Medicare through 2011. Note that the aggregates and in this case since the reconciliation instruc- Section 7 establishes a reserve fund to ac- function levels in the Senate amendment as- tion in the Senate amendment to Senate Fi- commodate a potentially more expensive sume only $153 billion (of the potential $300 nance contains an outlay component. Medicare bill than was reflected in the budg- billion) over ten years. Section 212: Reserve fund for Family Oppor- et resolution. The Budget Committee chair- Section 206: Reserve fund for medicare pay- tunity Act man is authorized to make the adjustment ments to home health agencies The Senate amendment contains a reserve for reconciliation legislation that provides The Senate amendment contains language fund to facilitate the consideration of the for Medicare reform and prescription drug creating a reserve fund to restore Medicare Family Opportunity Act in the Senate. This coverage. The Budget Committee chairman payments to home health agencies. This re- reserve fund was added by an amendment of- may increase the 302(a) allocations to the ap- serve fund was added by an amendment offered by Senator Grassley. The Senate propriate committees of jurisdiction by the fered by Senator Collins. The Senate amend- amendment permits budget resolution levels amount of the Congressional Budget Office ment permits budget resolution levels and and committee allocation to be adjusted for [CBO] reestimate of the cost of the Presi- committee allocation to be adjusted for leg- legislation reported from Senate Committee dent’s Medicare plan or an alternative plan islation reported from Senate Committee on on Finance that expands Medicaid coverage submitted by the Ways and Means and Com- Finance that repeals the scheduled 15% re- for children with special needs to permit merce Committees. As a further limit on the duction in home health payments. Adjust- their parents to purchase such coverage. Ad- cost of the bill, the adjustment under this ments may not exceed $4 billion for the pe- justments may not exceed $200 million for section may not cause the on-budget surplus riod of fiscal years 2002 through 2006 and $13.7 fiscal year 2002 or $7.9 billion for the period in the budget resolution to be less than $36 billion for the period of fiscal years 2002 of fiscal years 2002 through 2011. In addition, billion in fiscal year 2002 and comparable through 2011. In addition, no adjustments no adjustment may be made if the sum of the levels in fiscal years 2003 through 2011. may be made if the cost of such legislation, cost of this legislation taken together with Section 8: Reserve for FY 2001 taken together with all previously enacted previously enacted legislation would reduce legislation would reduce the on-budget sur- the level of the Medicare Hospital Insurance Section 8 establishes a reserve fund for fis- plus before the level of the Medicare HI trust fund for any fiscal year covered by the cal year 2001. The Chairman of the Budget Trust Fund surplus for any fiscal year cov- budget resolution. Committee is authorized to make adjust- ered by this budget resolution. Note that the ments for Department of Defense shortfalls, Section 213: Reserve fund for Veterans’ edu- function levels and aggregates in the Senate emergency agricultural assistance, and other cation amendment assume the reductions would measures. It also limits the amount of the The Senate amendment contains a reserve have gone into effect. adjustments to the amount the bill exceeds fund to provide additional resources for vet- the Committee’s allocation. The adjust- Section 208: Reserve fund for the payment of erans’ education benefits. This reserve fund ments may also not cause the on-budget sur- retired pay and compensation to disabled was added by an amendment offered by Sen- plus to be less than $29 billion in fiscal year military retirees ator Collins. The Senate amendment permits 2001. The Senate amendment contains language budget resolution levels and committee allo- Section 9: Reserve for Education creating a reserve fund to provide for the cation to be adjusted for legislation reported payment of retired pay and veterans’ dis- from Senate Committee on Veterans’ Affairs Section 9 establishes a reserve fund to ability benefits to disabled military retirees. (and the appropriate committee of the House allow additional spending for programs au- This reserve fund was added by an amend- of Representatives) that increases the basic thorized by the Individuals with Disabilities ment offered by Senator Reid. The Senate monthly benefit under the G.I. bill. Adjust- Education Act (IDEA) in fiscal year 2002. It amendment permits budget resolution levels ments may not exceed $775 million for fiscal permits the Budget Committee chairman to and committee allocation to be adjusted for year 2002 or $4.3 billion for the period of fis- increase the allocation when an appropria- legislation reported from Senate Committee cal years 2002 through 2006 or $9.9 billion for tion increases spending for IDEA above the on Armed Services (and the appropriate com- the period of fiscal years 2002 through 2011. baseline level of $6.37 billion. The adjust- mittee of the House of Representatives) that In addition, no adjustment may be made if ment may not exceed $1.25 billion. funds the payment of full retired pay and the sum of the cost of this legislation taken Section 10: Reserve for Additional Tax Cuts veterans’ disability benefits to disabled mili- together with previously enacted legislation and Debt Reduction tary retirees. The amendment does not, how- would reduce the level of the Medicare Hos- Section 10 permits the budget resolution to ever, make any provision for the additional pital Insurance trust fund for any fiscal year be adjusted to accommodate a larger tax cut $14.4 billion in discretionary spending that covered by the budget resolution.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.046 pfrm02 PsN: H08PT1 H2002 CONGRESSIONAL RECORD — HOUSE May 8, 2001 Section 214: Reserve fund for payments in lieu for the period of fiscal years 2003 through the Chairman of the Committee on the Budg- of taxes 2006 and $13.7 billion in BA and outlays for et to make any adjustments for floor amend- The Senate amendment contains a reserve the period of fiscal years 2003 through 2011. ments offered to unrelated legislation. Note fund to provide additional resources for pay- The Conferees note that in the Senate the that the aggregate level of spending for such ments in lieu of taxes and for refuge revenue authority granted under this section does legislation has been assumed within the lev- sharing. This reserve fund was added by an not permit the Chairman of the Committee els for Function 300 and 350 and within the amendment offered by Senator Bingaman. on the Budget to make any adjustments for aggregates in the Conference Agreement, but The Senate amendment permits budget reso- floor amendments offered to unrelated legis- will not be allocated to the committees. The lution levels and committee allocation to be lation. Subsection (b) provides, however, Conference Agreement provides however adjusted for legislation reported from Senate that no adjustments may be made if the cost that no adjustments may be made if the cost Committee on Energy and Natural Resources of such legislation, taken together with all of such legislation, taken together with all that fully funds payments in lieu of taxes for previously enacted legislation, would reduce previously enacted legislation would reduce entitlement lands under chapter 69 of title 31 the surplus below the level of the Medicare the surplus below the level of the Medicare of the U.S. Code. Adjustments may not ex- HI Trust Fund surplus for any fiscal year HI Trust Fund surplus for any fiscal year ceed $353 million for fiscal year 2002 or $3.709 covered by this budget resolution. covered by this budget resolution. billion for the period of fiscal years 2002 Section 212: Reserve Fund for the Family Op- Section 214: Reserve Fund for Additional Tax through 2011. In addition, no adjustment may portunity Act Cuts and Debt Reduction be made if the sum of the cost of this legisla- Section 212 of the Conference Agreement Section 214 of the Conference Agreement tion taken together with previously enacted retains the language of section 212 of the retains the language of Section 10 of the legislation would reduce the level of the Senate Amendment which provides a reserve House Resolution, which provides a mecha- Medicare Hospital Insurance trust fund for fund for legislation to enable the expansion nism by which the assumed tax cuts or debt any fiscal year covered by the budget resolu- of Medicaid coverage for children with spe- levels may be adjusted by an increase in tion. cial needs to permit their parents to pur- CBO’s mid-session update of the surplus. Conference agreement chase such coverage—with a modification. Similar language was included in section 213 Section 211: Medicare Reserve Fund The Conference Agreement applies in both of last year’s budget resolution. the House of Representatives and the Senate Section 211 of the Conference Agreement is Section 215: Technical Reserve Fund for Stu- in two parts. Section (a) retains the lan- and permits the appropriate Budget Com- mittee chairman to adjust committee alloca- dent Loans guage from the House and Senate resolutions Section 215 of the Conference Agreement to accommodate Medicare reform and pre- tions and other appropriate budgetary aggregates and allocations for legislation which is includes a new technical reserve for legisla- scription drug legislation. The language is tion that permanently retains the interest modeled on section 203 of the Senate Amend- reported (and amendments thereto, or any conference report thereon) from the Senate rate schedule currently in effect for student ment. The aggregate level of spending for loans and that repeals the switch to a re- such legislation has been assumed within the Finance Committee and the House Com- mittee on Ways and Means or the Committee placement interest rate structure scheduled Function 570 levels and the aggregates in the to occur under current law on July 1, 2003. Conference Agreement, but will not be allo- on Energy and Commerce if the committees report legislation that expands Medicaid This technical reserve would permit exten- cated to the committees. The Conference sion of the overwhelmingly bipartisan agree- Agreement applies in both the House of Rep- coverage for children with special needs to permit their parents to purchase such cov- ment reached in the Higher Education resentatives and the Senate and permits the Amendments of 1998 to support the interest appropriate Budget Committee chairman to erage. Adjustments may not exceed $227 million in BA and $180 million in outlays for fis- rate structure of the student loan programs adjust committee allocations and other ap- as it operates today. propriate budgetary aggregates and alloca- cal year 2002, $3.035 billion in BA and $2.724 billion in outlays for the period of fiscal The Conference Agreement permits the ap- tions for legislation which is reported from propriate Budget Committee chairman to ad- the Senate Finance Committee and the years 2002 through 2006 and $8.337 billion in BA and $7.867 billion in outlays for the pe- just committee allocations and other appro- House Committee on Ways and Means or the priate budgetary aggregates and allocations Committee on Energy and Commerce if the riod of fiscal years 2002 through 2011. The Conferees note that the authority for legislation (reported from the Senate committee report legislation providing for granted under this section does not permit Committee on Health, Education, Labor and Medicare reform and a prescription drug ben- the Chairman of the Committee on the Budg- Pensions and within the jurisdiction of efit provided that the cost of such legislation et to make any adjustments for floor amend- House Committee on Education and the does not exceed $59.1 billion in BA and out- ments offered to unrelated legislation. Note Workforce) that repeals an provision (from lays for the period of fiscal years 2003 that the aggregate level of spending for such 1993) that, if left in place, would dismantle through 2006 and $300 billion in BA and out- legislation has been assumed within the the existing interest rate structure for stu- lays for the period of fiscal years 2003 Function 550 levels and the aggregates in the dent loans starting July 1, 2003. The adjust- through 2011. The Conferees note that in the Conference Agreement, but will not be allo- ment may not exceed $110 million in BA and Senate the authority granted under this sec- cated to the committees. The Conference $100 million in outlays for the combined pe- tion does not permit the Chairman of the Agreement provides, however, that no ad- riod 2001–2002, nor may it exceed $3.440 bil- Committee on the Budget to make any adjustments may be made if the cost of such lion in BA and $2.840 billion in outlays for justments for floor amendments offered to legislation, taken together with all pre- the combined period 2001–2006, nor may it ex- unrelated legislation. ceed $7.665 billion in BA and $6.590 billion in The Conferees note that it would be appro- viously enacted legislation would reduce the outlays over the 2001–2011 period. The Con- priate for the cost of such legislation (but no surplus below the level of the Medicare HI ferees note that the Senate the authority other legislation) to be funded in whole or in Trust Fund surplus for any fiscal year cov- granted under this section does not permit part from the surpluses of the Hospital In- ered by this budget resolution. the Chairman of the Committee on the Budg- surance Trust Fund. Section 213: Reserve Fund for Agriculture et to make any adjustments for floor amend- Section 211(b) of the Conference Agreement Section 213 of the Conference Agreement ments offered to unrelated legislation. retains the language of section 206 of the includes a new reserve fund for legislation Senate Amendment which provides a reserve reauthorizing the Federal Agriculture Im- Section 216: Reserve Fund for the Purchase of fund for legislation regarding payments provement and Reform (FAIR) Act of 1996, Health Insurance by the Uninsured under Medicare to home health providers— Title I of such act, and other appropriate ag- Section 216 of the Conference Agreement with a modification. The Conference Agree- riculture production legislation. Funding for includes a reserve fund for legislation which ment applies in both the House of Represent- agriculture was assumed in the budget totals provides resources to facilitate the purchase atives and the Senate and permits the appro- but not the allocation. The Conference of health insurance for the uninsured. The priate Budget Committee chairman to adjust Agreement applies in both the House of Rep- Conference Agreement applies in both the committee allocations and other appropriate resentatives and the Senate and permits the House of Representatives and the Senate and budgetary aggregates and allocations for leg- appropriate Budget Committee chairman to permits the appropriate Budget Committee islation which is reported (or for amend- adjust committee allocations and other ap- chairman to adjust committee allocations ments thereto or conference report thereon) propriate budgetary aggregates and alloca- and other appropriate budgetary aggregates from the Senate Finance Committee and the tions for legislation which is reported (and and allocations (including the revenue aggre- House Committee on Ways and Means or the amendments thereto, or any conference re- gates) for legislation which is reported (and Committee on Energy and Commerce if the port thereon) from the Senate Committee on amendments thereto, or any conference re- committees report legislation that repeals Agriculture, Nutrition and Forestry and the port thereon) from the Senate Finance Com- the scheduled 15% reduction in home health House Committee on Agriculture if the committee and the House Committee on Ways payments. The aggregate level of spending mittees report such legislation. Adjustments and Means or the Committee on Energy and for such legislation has been assumed within may not exceed $66.15 billion in BA and out- Commerce if the committees report legisla- the Function 570 levels and the aggregates in lays for the period of fiscal years 2003 tion that enables the uninsured to purchase the Conference Agreement, but will not be through 2011. health insurance. The aggregate level of allocated to the committees. Adjustments The Conferees note that the authority spending for such legislation has been as- may not exceed $4 billion in BA and outlays granted under this section does not permit sumed within the Function 550 levels and the

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spending aggregates in the Conference or the aggregate provided for in the budget MISCELLANEOUS PROVISIONS Agreement, but will not be allocated to the resolution. The reserve fund is further lim- In addition to enforcement provisions and committees. Adjustments may not exceed $28 ited in that the adjustment may not be made reserve funds, budget resolutions may con- billion in BA and outlays or $28 billion in if it would cause the on-budget surplus to be tain miscellaneous provisions that may af- revenues or any combination of spending and less than an amount equal to the Medicare fect the level of spending or that provide ad- revenues for the period of fiscal years 2002 Hospital Insurance Trust Fund. ditional enforcement mechanisms or addi- through 2004. Additional items tional guidance in interpreting the resolu- The Conferees note that in the Senate the The Conferees note that the Conference tion. Subtitle C of Title II of the Conference authority granted under this section does Agreement does not include any reserve fund Agreement contains two of these provisions. not permit the Chairman of the Committee language from section 9 of the House resolu- House resolution on the Budget to make any adjustments for tion regarding additional discretionary fund- floor amendments offered to unrelated legis- Section 11. Application and effect of changes ing for programs authorized in the Individ- lation. The Conferees intend, however, to in allocations and aggregates uals with Disabilities Act. Section 11 establishes the procedures for provide complete flexibility to the author- The Conferees note that the Conference izing committees to draft such legislation making adjustments pursuant to the reserve Agreement does not include any reserve fund funds included in this resolution. It provides providing spending or tax changes. The Con- language from section 208 of the Senate ference Agreement provides however that no that the adjustments may only be made dur- Amendment regarding the payment of re- ing the interval that the legislation is under adjustments may be made if the cost of such tired pay and veterans’ disability benefits to legislation, taken together with all pre- consideration and do not take effect until disabled military retirees. The Conference the legislation is actually enacted. It also re- viously enacted legislation would reduce the Agreement does however retain the Sense of surplus below the level of the Medicare HI quires the Budget Committee chairman to the Congress language from section 19 of the submit any revisions in the budget resolu- Trust Fund surplus for any fiscal year cov- House Resolution which is set out in section ered by this budget resolution. tion pursuant to the reserves for printing in 314. the Congressional Record. Section 217: Reserve Fund for Defense in the Section 314 of the conference report in- Senate Amendment Senate cludes a sense of the Congress directing the Section 217 of the Conference Agreement Secretary of Defense to report within 180 Section 204: Application and effect of changes includes a mechanism in the Senate to in- days after the adoption of this Conference in allocations and aggregates crease the section 302(a) allocation (and Agreement to the relevant congressional de- The Senate amendment contains language other appropriate budgetary aggregates) to fense committees and to the House and Sen- which is similar to the language found in the Committee on Appropriations and the ate Budget Committees on the provision of section 222 of the fiscal year 2001 budget res- Committee on Armed Services of the Senate concurrent retirement and disability bene- olution and clarifies the application and ef- for 2002 in order to make additional re- fits for retired members of the Armed fectiveness of the adjustments made by the sources available in response to the Presi- Forces. The report shall address the number Chairman of the Committee on the Budget dent’s National Defense Review. The Con- of individuals retired from the Armed Forces pursuant to the ‘‘reserve funds’’ set out in ference Agreement permits the Chairman of who would otherwise be eligible for dis- the resolution. the Committee on the Budget to increase the ability compensation under the proposed leg- Section 205: Exercise of rulemaking powers 302(a) allocation only when two requirements islation (S. 170 in the Senate and H.R. 303 in The Senate amendment contains language are satisfied. First, the President must sub- the House of Representatives); the com- identical to section 234 of the fiscal year 2001 mit a specific budget amendment to the Con- parability of the policy to Office of Per- budget resolution and states the authority gress requesting additional funding for fiscal sonnel Management guidelines for civilian by which Congress adopts the various budg- year 2002 in response to the National Defense Federal retirees; the comparability of this etary enforcement rules and procedures for Review. Second, the Committee on Appro- proposed policy to prevailing private sector the consideration of certain legislation set priations must have reported an appropria- standards; the numbers of individuals poten- out in the resolution. tially eligible for concurrent benefits who re- tions measure which provides funding for Section 210: Additional Revenue reductions ceive other forms of Federal assistance and such budget amendment. The Senate amendment contains a provi- The Conferees note that the authority the cost of that assistance; and alternative sion which states that revenue reductions granted under this section does not permit initiatives that would accomplish the same result as concurrent receipt of military re- set out in the underlying resolution should the Chairman of the Committee on the Budg- be increased by an additional $69 billion for et to make any adjustments for floor amend- tired pay and disability compensation at different levels of cost. The Secretary of De- the period of fiscal years 2002 through 2011— ments offered to unrelated legislation. Note in order to provide marriage penalty relief. that neither the Function 050 levels nor the fense may submit legislation that he considers appropriate. The language was added by an amendment aggregates of the resolution contain any ad- offered by Senator Hutchison (TX). ditional resources for this National Defense Section 314 of the Conference Agreement Review. Therefore, any adjustments made also includes a Sense of Congress requesting Section 211: Increase funding for IDEA pursuant to the authority in this section will the Congressional Budget Office and the Of- The Senate amendment contains a provi- reduce the surplus aggregates contained in fice of Management and Budget to report to sion that states that the revenue reductions the resolution. The Conferees acknowledge the Budget Committees within 30 days after set out in the underlying resolution should that because of the limitation contained in the adoption of this conference report on the be reduced by $70 billion for the period of fis- section 302(a)(3)(A) of the Budget Act, the risk that providing full concurrent receipt of cal years 2002 through 2011 and an additional chairman of the Committee on the Budget military retired pay and disability com- $70 billion in BA and outlays should be added may not adjust the section 302(a) allocation pensation under the proposed legislation to Function 500 (Education) over that same to the Committee on Appropriations until identified above could reduce the on-budget time period—in order to provide additional the discretionary spending limits in section surplus below the level of the Medicare Hos- resources to IDEA. This language was added 251(c) of the Balanced Budget and Emergency pital Insurance Trust Fund. by an amendment offered by Senator Breaux. Deficit Control Act of 1985 has been in- The Conferees also note that the Con- Conference Agreement ference Agreement does not include any re- creased for 2002 by an amount sufficient to Section 221: Application and Effect of serve fund language from section 209 of the accommodate the increase envisioned by this Changes in Allocations and Aggregates Senate Amendment which purported to pro- section. The Conference Agreement provides, Section 221 of the Conference Agreement however, that no adjustments may be made vide ‘‘fungibility’’ between outlays and revenues in reconciliation tax legislation. Given retains the language of section 11 of the if the cost of such legislation, taken together House Resolution (which is virtually iden- with all previously enacted legislation would the language in section 310(c) of the Budget Act which statutorily provides for tical to Section 204 of the Senate Amend- reduce the surplus below the level of the ment) clarifying the process for imple- ‘‘fungibility,’’ the language from section 209 Medicare HI Trust Fund surplus for any fis- menting any adjustment made pursuant to cal year covered by this budget resolution. was superfluous. The Conference Agreement does not in- the reserve funds and the status of these ad- Section 218: Strategic Reserve Fund in the clude the language from section 213 of the justed levels. It further clarifies that the House Senate Amendment regarding increased Budget Committee determines scoring for Section 218 of the Conference Agreement funding for veterans’ education benefits. In- purposes of points of order. This section also establishes a reserve in the House of Rep- stead the Conferees agreed to include the makes clear that levels in the joint state- resentatives for authorizing or appropria- funding within the Function 700 levels, the ment will be used for purposes of budget enforcement rather than the levels in the con- tions measures for the Department of De- resolution aggregates, and the allocation to ference report. Finally the Budget Com- fense, following the President’s National De- the appropriate authorizing committees of mittee chairmen are given the authority to fense Review; it also may be used for legisla- the House of Representatives and the Senate. tion that would provide for a prescription The Conference Agreement does not in- score legislation for enforcement purposes drug benefit, or for other appropriate legisla- clude the language from section 214 of the based on CBO’s updated baseline. tion. The adjustment may only be made for Senate Amendment regarding additional re- Section 222: Exercise of Rulemaking Powers the amount that the relevant legislation ex- sources for payments in lieu of taxes and for Section 222 of the Conference Agreement ceeds the applicable committee’s allocation refuge revenue sharing. retains the language of section 205 of the

VerDate 08-MAY-2001 04:03 May 09, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.049 pfrm02 PsN: H08PT1 H2004 CONGRESSIONAL RECORD — HOUSE May 8, 2001 Senate Amendment. It states the authority Section 308 Sense of the Senate with re- The flight crews that were lost were by which Congress adopts the various budg- spect to increased education funding. the most experienced on this craft and etary enforcement rules and procedures for Subtitle B—Sense of the Congress provi- some of the best and the brightest of the consideration of certain legislation set sions. the Marine Corps. out in the budget resolution. An identical Section 311 Asset building for the working On page 32 of the most recent copy of provision was included in section 234 of last poor. year’s budget resolution. Section 312 Federal Fire prevention assist- the Marine Corps Gazette, there is an The Conference Agreement does not in- ance. article by a pilot who is also a weapons clude the language from either section 210 or Section 313 Funding for graduate medical and tactics instructor that underscores 211 of the Senate Amendment because all as- education at children’s teaching hospitals. the skepticism about the viability of sumptions regarding revenues are taken into Section 314 Concurrent retirement and dis- the Osprey program. Then there is the account within the actual revenue aggre- ability benefits to retired members of the alarming allegations of a cover-up, a gates set out in the Conference Agreement. armed forces. cover-up and records falsification by In addition, the issue of the level of funding Section 315 Federal Employee Pay. Marine officers directly involved in the for programs authorized in the Individuals Section 316 Sales tax deduction. with Disabilities Education Act is taken into Osprey’s operational testing. Recently, JIM NUSSLE, the Defense Department’s Blue Ribbon account within the levels for Function 500. JOHN E. SUNUNU, SENSE OF CONGRESS, HOUSE AND SENATE Managers on the Part of the House. panel echoed the finding of the Marine Corps’ Accident Mishap Board in rec- PROVISIONS PETE DOMENICI, House Resolution CHUCK GRASSLEY, ommending extensive redesign of the The House budget resolution contains the DON NICKLES, craft. All of this calls into question the following Senses of the House or Congress PHIL GRAMM, Osprey’s future use by the military that have no legal force but reflect the Con- KIT BOND, and, of equal significance, its commer- gress’ views on a variety of budget-related Managers on the Part of the Senate. cial viability. No commercial aviation issues. The section numbers and section The SPEAKER pro tempore (Mr. company in this country is ever going headings of these reserve funds are as fol- FLAKE). Under a previous order of the to get insurance on a craft with this lows: House, the gentlewoman from the Dis- kind of safety record. Section 14 states a Sense of the House con- The Blue Ribbon panel mandates cerning Federal pay. trict of Columbia (Ms. NORTON) is rec- Section 15 states a Sense of Congress relat- ognized for 5 minutes. that we go back to the drawing board. ing to Individual Development Accounts and (Ms. NORTON addressed the House. That is not a condemnation of vertical the working poor. Her remarks will appear hereafter in landing, vertical takeoff; it is a con- Section 16 provides a Sense of Congress re- the Extensions of Remarks.) demnation of the Osprey program. lating to Federal fire prevention assistance. f Vertical Takeoff and Vertical Landing Section 17 states a Sense of the House re- technologies are the way to alleviate The SPEAKER pro tempore. Under a garding the deduction of state sales tax from our overcrowded airports, to ease our previous order of the House, the gen- Federal income taxes. overburdened air traffic control sys- Section 18 states a Sense of Congress re- tleman from Indiana (Mr. BURTON) is tems, and to ensure our military’s abil- garding funding for Graduate Medical Edu- recognized for 5 minutes. ity to respond when our runways have cation. (Mr. BURTON of Indiana addressed been destroyed by a wartime adver- Senate Amendment the House. His remarks will appear sary. To pull us into the 21st century, The Senate amendment contains the fol- hereafter in the Extensions of Re- we need a simple Vertical Takeoff, lowing Sense of the Senate provisions: marks.) Section 301 Sense of the Senate on Debt Vertical Landing aircraft with longer Reduction. f range, higher speed, and greater pay- Section 302 Sense of the Senate on AIDS The SPEAKER pro tempore. Under a load capacity. Perhaps like a transport and Other Infectious Diseases. previous order of the House, the gen- version of the Harrier jet. Section 303 Sense of the Senate on Consoli- tleman from Texas (Mr. HINOJOSA) is Tomorrow, the Subcommittee on dated Health Centers. recognized for 5 minutes. Space and Aeronautics, a sub- Section 304 Sense of the Senate on Funding (Mr. HINOJOSA addressed the House. committee that I chair, will be holding for Department of Justice Programs for His remarks will appear hereafter in State and Local Law Enforcement Assist- a hearing on one such aircraft that ance. the Extensions of Remarks.) holds promise for the future, and it will Section 305 Sense of the Senate on United f fly for the first time this summer. Let States Coast Guard Fiscal Year 2002 Fund- me note that my father was a Marine CONGRESSIONAL HEARINGS ON ing. pilot. Section 306 Sense of the Senate on VTOL TECHNOLOGY WILL EXAM- Mr. Speaker, these 30 casualties dur- Strengthening our National Food Safety In- INE FAILED OSPREY PROJECT ing the testing of the Osprey program frastructure. AND NEW TECHNOLOGY are unconscionable, 30 dead Marines. Section 307 Sense of the Senate with Re- The SPEAKER pro tempore. Under a spect to Increasing Funds for Renewable En- We do not need any more dead Marines. ergy Research and Development. previous order of the House, the gen- The Osprey program is a failure, but tleman from California (Mr. ROHR- Conference agreement the Vertical Takeoff, Vertical Landing ABACHER) is recognized for 5 minutes. concept is not. We should not abandon The Conference Agreement contains the Mr. ROHRABACHER. Mr. Speaker, I following Sense of the Senate and Sense of that technology, and we should try to Congress provisions: rise tonight to discuss an issue that re- keep America first in aviation tech- Subtitle A—Sense of the Senate provision. lates directly to the safety of the men nology by ensuring that new concepts Section 301 Sense of the Senate on con- and women whose task it is to defend of Vertical Landing, Vertical Takeoff servation. our country. It also goes to the heart of will be available to the American mili- Section 302 Sense of the Senate on AIDS the American lead in the aviation tech- tary and also available to commercial and other infectious diseases. nology upon which we depend so much. aviation so that the United States of Section 303 Sense of the Senate on Consoli- For over a decade, I backed a project dated Health Centers. America will be able to fly its up-to- Section 304 Sense of the Senate on Funding that I believed would permit America date, cutting-edge aircraft throughout for Department of Justice Programs for to take the lead in the next major step the world and remain the leader in State and Local Law Enforcement Assist- in aviation technology, that is, aviation technology, creating jobs for ance. Vertical Takeoff and Vertical Landing our people and creating a capability, Section 305 Sense of the Senate on United aircraft. Unfortunately, it is clear now both militarily and commercially, that States Coast Guard Fiscal Year 2002 Fund- that the project, the Osprey project, will keep America ahead of the coming. has been a costly and a dangerous fail- petition and ahead of our adversaries. Section 306 Sense of the Senate on ure. So I would ask my colleagues tomor- Strengthening our National Food Safety In- frastructure. Of the 11 aircraft built, four have row to pay attention to our hearing, Section 307 Sense of the Senate with Re- crashed, and three of the crashes re- and I would ask the public to pay at- spect to Increasing Funds for Renewable En- sulted in 30 fatalities. That is 30 dead tention to the hearing of the Sub- ergy Research and Development. heroes whom we cannot bring back. committee on Space and Aeronautics

VerDate 08-MAY-2001 03:50 May 09, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.051 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2005 that I chair, and we will be examining Collectively, pilots are merely a cross sec- Mr. GREEN of Texas. Mr. Speaker, I the Vertical Takeoff and Vertical tion of society. As such, among pilots there rise to speak tonight to discuss a re- Landing concept, and perhaps some of exists a widely varying degree of aero- port that was just released yesterday nautical prowess and ability. I have flown the reasons why the old program failed with pilots whose seemingly effortless skill I from the National Institute for Health and why there is hope that better tech- admired. I have flown with those who strug- Care Management Foundation, which nology is available in the future, tech- gled very hard to make the required grade. I stated that spending on prescription nology that would protect our military have also flown with pilots whose perform- drugs has increased almost 19 percent people and offer great commercial pos- ance made me wonder how they had pro- in the last year. I am deeply troubled sibilities for our country. gressed as far as they had. Interestingly by this report, as it underscores a crit- Mr. Speaker, I would submit for the enough, I suppose most of the pilots I have ical need for this Congress to mod- RECORD the article in the Marine Corps flown with over the last 19 years can be defined as being average. ernize Medicare to include a prescrip- Gazette entitled, ‘‘MV–22 Osprey or In most communities and subcultures of tion drug benefit. Edsel?’’ naval aviation, there is certainly nothing Spending on retail outpatient pre- [Ideas & Issues, MV–22 Osprey] wrong with average. Average can be equated scription drugs rose almost 19 percent MV–22 OSPREY OR EDSEL? to someone who is safe, reliable, and aware in 2000, from $111 billion to $131.9 bil- (By LtCol Bruce A. Milton, USMCR) of his or her capabilities and limitations. lion. Approximately half of that spend- However, in the case of the Osprey, I am con- IS THE OSPREY ‘TOO MUCH’ AIRCRAFT? ing increase can be attributed to just cerned that average may not be good enough. Mishaps have been an aviation bane ever As recent tragic events illustrate, ‘‘above av- 23 prescription drugs or pharma- since Orville and Wilbur made those first erage’’ or even ‘‘outstanding’’ may not be ceuticals. Among those drugs are the epic flights amid the dunes of Kitty Hawk. sufficient skill levels to successfully master blockbuster ones we hear about, Vioxx, The early days of powered flight took an in- the MV–22. We have lost the two most expe- Lipitor, Celebrex and Glucophage, credible toll on those intrepid airmen who rienced Osprey aircrews, senior test pilots ventured forth to challenge gravity. Despite which I am not pronouncing correctly, even, in the first stages of fleet incorpora- tremendous losses, the potential benefits to but the very drugs that seniors rely on tion. What happens when we man this air- both the civil and military complexes en- every day to treat chronic long-term craft with less than stellar experienced air- abled a fledgling enterprise to evolve into illnesses such as diabetes, arthritis or crews? I’m not sure the jury is ‘‘in’’ on this the technologically advanced industry that subject. high cholesterol. In fact, my mother- we have today. I doubt few events in modern In my capacity as an instructor, I have in-law, of those four drugs, actually history can compare with the meteoric ac- more than a layman’s appreciation for heli- takes three of them every day. complishments of the aviation field. To copter aerodynamics. I understand such phe- For the seniors that have no pre- think that Neil Armstrong walked on the nomena as ‘‘settling with power’’ and ‘‘vor- moon less than 65 years after the Wrights’ scription drug coverage, they simply tex ring state.’’ I have deliberately induced have no choice but to pay top dollar for first powered flight is simply phenomenal. this condition at altitude to show pilots how Throughout these ever-evolving phases of these expensive medications or go dangerous it can be if encountered in close aviation, countless steps have been taken to proximity to the ground. I opine that in without; and that is what they are reduce the inherent risks associated with most helicopters, under most conditions— doing every day, they are going with- flying. There isn’t adequate space in this ar- even tactically—it is rare to enter the vortex out, because they cannot afford them. ticle to pay homage to all the positive ring state. Reports I have read about the Fully one-third of our Medicare bene- changes incorporated by manufacturers, op- Marana incident attribute the mishap to the erators, government entities, and others to ficiaries, and these are old numbers, pilot having entered a vortex ring state. The enhance flight safety. Suffice it to say that because that was before so many of our the mishap rate—a tangible statistic that speed and rates of descent reported certainly Medicare HMOs withdrew from the measures how safe we really are—has im- did not seem to me to be excessive. I have market, at least one-third of them seen conditions far worse with no hint of loss proved markedly over the years as a result of have no prescription drug coverage at these positive changes. of control. Is the margin of error or more correctly, margin of safety, of the Osprey so all. However, just as the automotive industry I hear from constituents literally has had models that were not successful, the narrow as to put the aircrews at a disadvan- annals of aviation history also include nu- tage? every day who have to make these merous aircraft that were ‘‘scrapped’’ or If the Osprey is as demanding to fly as it tough choices on whether to pay their pulled from production. Unlike the doomed might seem, what happens when we man it electric bill or their prescription drugs. Edsel, a car that the driving public simply with the inevitable average crew, cloak them In fact, I have a letter I just received did not find aesthetically pleasing, many in the fog of war, and send them forth in today from a constituent who tells me: prematurely canceled aircraft, certainly harm’s way? Send them into a hot landing zone on a dark night wearing night vision ‘‘I am holding off on some of my medi- many military aircraft, had their oper- cations until my Social Security ational lives shortened because they were goggles? Send relatively inexperienced crews deemed too dangerous. into tactical situations where it is prudent checks are deposited in the bank on the With a new aircraft, as with any com- to expedite time spent in the vulnerable 3rd, and I am out of some of them al- plicated machine, there is a learning curve. landing phase? I cannot help but ponder such ready.’’ Seniors are struggling literally This wringing out period includes the time questions. from Social Security check to Social that skilled test pilots put the aircraft I do not particularly care about the politics involved in the overwhelming process of Security check hoping they have through its paces. They ‘‘push the envelope’’ enough medication until the end of the to establish limitations, procedures, and aircraft acquisition and employment. In- stead, I worry about the troops tasked to fly month. guidelines for subsequent squadron pilot Another constituent of mine was hos- usage. During this wringing out, the aircraft in those aircraft. It is time to take a long, also undergoes operational test and evalua- unbiased, nonpartisan look at the MV–22’s pitalized for a severe infection. When tion (OTE). During OTE, more guidelines and future in the Corps. If it can be proven that she was dismissed from the hospital cockpit workload and aircrew skill require- procedures are established as how to best she was given three new prescriptions, ments are reasonable, then let us welcome employ the aircraft in a tactical environ- one which cost more than $700. Imagine its capabilities into our arsenal. If the air- ment. Once the new aircraft has successfully craft needs further redesign or modification an 85-year-old woman being asked to completed this rigorous testing, it is ready to make it safer, then we should pursue pay $700 for one prescription. The other for introduction to the fleet. two cost her an additional $150, bring- When speaking of the MV–22, it is with this those changes. If it turns out that there is no latter portion of the learning curve that I rational or cost-effective solution to the cur- ing her grand total for these new pre- am most concerned. I am not now, nor have rent woes, then perhaps we should consider scriptions, only new ones for this cur- tabling MV–22 acquisitions until such time I ever been, a test pilot. I have, however, rent illness, to $850 on one trip to the that it is safe. spent the majority of my aviation career in pharmacy. Talk about adding insult to We owe this analysis to our Marines. After some type of instructional capacity. From all, the Edsel may have been unsightly, but injury. my days on active duty as a weapons and it wouldn’t kill you. Unfortunately, the high costs of pre- tactics instructor to my current duties as a scription drugs are only getting worse. f training captain for a large commercial The recent government study predicts emergency medical services operator, I have MEDICARE PRESCRIPTION DRUGS that the mapping of the human ge- amassed literally thousands of hours of flight instruction in both fixed- and rotary- The SPEAKER pro tempore. Under a nome, the aging of the baby boom gen- wing aircraft. This experience has provided previous order of the House, the generation that I am a part of, and the in- me with some insights into pilot perform- tleman from Texas (Mr. GREEN) is rec- crease in spending on biomedical re- ance and behavior. ognized for 5 minutes. search will lead to the introduction of

VerDate 08-MAY-2001 03:50 May 09, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.072 pfrm02 PsN: H08PT1 H2006 CONGRESSIONAL RECORD — HOUSE May 8, 2001 more and more prescription drugs. This The SPEAKER pro tempore. Under a Mr. Butler has shown great leader- is the good part of it, because we are previous order of the House, the gen- ship and personal integrity in his serv- living longer and healthier, but this is tleman from New Jersey (Mr. PALLONE) ice as a member of the Virginia Gen- sometimes a mixed blessing from a pol- is recognized for 5 minutes. eral Assembly and as a United States icy perspective. The influx of these (Mr. PALLONE addressed the House. Congressman. drugs can only mean new treatments His remarks will appear hereafter in It is with great pleasure that I honor and therapies for what are now incur- the Extensions of Remarks.) a true public servant by introducing able and serious diseases, but it also f legislation that will make Roanoke, means that the demand for these drugs Virginia home to the M. Caldwell But- LEGISLATION TO DESIGNATE THE and also the cost of these drugs will ler Post Office Building. ‘‘M. CALDWELL BUTLER POST rise. OFFICE BUILDING’’ IN ROANOKE, f Congress cannot sit idly by while our VIRGINIA The SPEAKER pro tempore (Mr. seniors, our parents and our grand- FLAKE). Under a previous order of the parents, are forced to pay more and The SPEAKER pro tempore. Under a House, the gentleman from Illinois more of their hard-earned retirement previous order of the House, the gen- (Mr. RUSH) is recognized for 5 minutes. on prescription drugs, and they cannot tleman from Virginia (Mr. GOODLATTE) (Mr. RUSH addressed the House. His afford it. Unfortunately, we have seen is recognized for 5 minutes. remarks will appear hereafter in the little action during this Congress. We Mr. GOODLATTE. Mr. Speaker, it is Extensions of Remarks.) with great pleasure that I introduced have actually had one or two hearings f in the Subcommittee on Health of the legislation today to name the main Ro- Committee on Energy and Commerce, anoke United States Post Office at 419 THE ENERGY CRISIS but we have not gone any further. Rutherford Avenue in Roanoke, Vir- The SPEAKER pro tempore. Under For the past 100 days, all we have ginia, for my good friend, former Con- the Speaker’s announced policy of Jan- heard about is a tax cut. What we need gressman M. Caldwell Butler. uary 3, 2001, the gentleman from Wash- to do is start addressing prescription Mr. Butler is a gentleman whom I ad- ington (Mr. SMITH) is recognized for 60 drugs for senior citizens, those 40 mil- mire greatly. He served as a United minutes as the designee of the minor- lion hard-working Americans who now States naval officer during World War ity leader. rely on Medicare. II. He received his undergraduate de- Mr. SMITH of Washington. Mr. The $300 billion I understand that gree from the University of Richmond Speaker, I rise tonight to talk about may be in the budget that will actually in 1948 where he was elected to Phi what is fast becoming one of the larg- come out of the Medicare reform legis- Beta Kappa and Omicron Delta Kappa. est problems our country faces, and lation for prescription drugs is just not In 1950 he received an LL.B. degree that is the energy crisis. It is not just adequate. The real problem for our sen- from the University of Virginia School a California problem. It has spread cer- iors is every time I go to the grocery of Law where he was elected to the tainly to the Northwest, where I am store at home or a town hall meeting Order of the Coif. In 1978, he received from, but also throughout the country, or visit with my seniors, I am ap- an honorary degree of Doctor of Laws as we see prices for all sorts of energy proached on what we can do about pre- from Washington and Lee University. consumption, from gas at the pump to scription drugs for seniors. They want Mr. Butler served in the Virginia electricity in the home, go up consider- to know why in Washington we are not House of Delegates from 1962 until 1972, ably. doing something about it, because they where he was minority leader. He prac- Mr. Speaker, I think it is very good see it as an imperative that if it is not ticed law in Roanoke from 1950 until that the President has focused a large a problem today, it has been a problem his election to Congress in 1972. He number of resources on deciding what for over a year and we have not ad- served five full terms in the House of to do about this problem. He has put dressed it. Representatives, representing the sixth together a task force and the Vice Mr. Speaker, I urge my colleagues on district of Virginia. It was my privilege President is taking the leadership role both sides, the majority and the minor- to serve as Congressman Butler’s dis- on that. I think this is a problem that ity, we need to pass a prescription drug trict director from 1977 until 1979. we need to focus on. benefit that is part of Medicare. Just While in Congress, Mr. Butler was a I am not as excited about the initial like a doctor or hospital, our prescrip- member of the House Committee on reports from the Vice President and tion drugs should be paid for for our the Judiciary and the Committee on the President about the direction they seniors as part of Medicare. We may Government Operations. Mr. Butler’s need to go in, but I feel, and so does the not be able to afford the 80 percent start in Congress was memorable. As a new Democratic coalition, which I rise that we do now for doctors and hos- member of the House Committee on tonight in part to represent, that it is pitals, but we ought to be able to grow the Judiciary, he served with distinc- a good first step and we can get there into that. tion as part of the panel that con- on the policy. Mr. Speaker, $300 billion is a start, ducted impeachment hearings involv- But where should we go? The Vice but we have a long way to go. It is a ing President Richard Nixon. President’s approach and some of his initial remarks were, first of all, that crisis now for our senior citizens. It is b 2000 a crisis for our parents and our grand- we are going to need to build a power Mr. Speaker, following his service to parents, and we need to do something plant a week for the next 20 years, and our Nation, Mr. Butler returned home about it now. that conservation, while a personal vir- to Roanoke to practice law as a part- tue, is not an energy policy. f ner of the firm of Woods, Rogers & The vision that is laid out from those The SPEAKER pro tempore. Under a Hazelgrove, which he continued to do initial statements is that we are going previous order of the House, the gen- until his retirement in 1998. In addi- to be building a lot of power plants and tleman from Illinois (Mr. DAVIS) is rection, he contributed his expertise on a power plants that are focused on exist- ognized for 5 minutes. national level by serving as a member ing fuel sources, fossil fuel, oil, natural (Mr. DAVIS of Illinois addressed the of the National Bankruptcy Review gas, coal, and we are simply going to House. His remarks will appear here- Commission from 1995 until 1997. try to burn and drill our way out of the after in the Extensions of Remarks.) Mr. Butler is a pillar of the civic problem. f community as well, serving as a mem- Is this a good solution to our energy The SPEAKER pro tempore. Under a ber of the board of directors of the crisis? I would argue, and my fellow previous order of the House, the gen- John Marshall Foundation and the new Democrats also argue, that this is tleman from California (Mr. HUNTER) is board of trustees of the Virginia His- not the best solution. There are a lot of recognized for 5 minutes. torical Society, a fellow of the Amer- damaging side effects to taking that (Mr. HUNTER addressed the House. ican Bar Foundation, a fellow of the approach, and what is more, there is a His remarks will appear hereafter in American College of Bankruptcy, and a better option, a better approach. Build- the Extensions of Remarks.) fellow of the Virginia Law Foundation. ing a power plant every week for the

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.073 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2007 next 20 years is going to be an incred- ing. All of those things combined could If we can figure out in the Presi- ibly costly endeavor, costly in terms of save sufficient megawatts to save us dent’s estimation how to hit a bullet money and costly in terms of the im- well over 100 of those new power plants with a bullet, with the national missile pact that it has on our environment. that the Vice President has proposed defense system, by spending enough When you are drilling for oil all over that we needed. money, why can we not figure out how the place, you have a tendency to dam- If we could then move on to new to conserve energy better and develop age the environment and have an im- technologies, solar, wind, fuel cell new sources of energy so that we are pact. When you burn that oil, when you technology, biomass, a variety of dif- not relying on the fossil fuel system we burn those fossil fuels, you have a very ferent programs that are out there, we have right now? damaging impact on the quality of our could save even more. By a very con- The answer is that we can. We can air and on the overall quality of our servative estimate, we could cut in half develop those technologies, wean our environment. This is not the best di- the number of new power plants that dependence on fossil fuels and better rection to go in. we need; maybe more if we went out use conservation so we have a cleaner One final reason why I do not think and spent the money and experimented future in addition to ones that gen- it is the best direction to go in, it has and found out what we could do. erate the energy that we need. been a constant focus on our depend- This is a much better, more balanced We need to take this balanced ap- ency on foreign sources for our energy. approach. It is better for the environ- proach. It is not enough to simply say, In fact, ironically, that is one of the ar- ment. It is better for domestic secu- coal, natural gas, oil, that is all we guments that the administration gives rity, so that we are not dependent on have, that is all that works, let us for drilling in the Alaskan National those foreign sources of energy, and it move on and not change, not look at Wildlife Reserve and the Gulf of Mexico will build us a long-term sustainable conservation, not look at alternatives. and a variety of different places for oil energy policy, instead of thinking that We need to strike that balanced ap- domestically: to reduce our dependency we could simply drill our way out of it proach. on foreign oil. by depending on fossil fuels. I have some colleagues here who are Drilling for more oil is not going to We need this balanced approach. going to participate in the debate as reduce our dependency on foreign en- What I sincerely hope that the Presi- well. ergy sources. As long as we have a fos- dent and the Vice President do is en- Mr. Speaker, I yield to the gentleman sil fuel base system, as long as we are gage Congress to work on this, to bal- from Utah (Mr. MATHESON). dependent on oil, we are going to be de- ance out this approach and come up Mr. MATHESON. Mr. Speaker, the pendent on foreign sources for that oil, with a sustainable long-term policy. energy issue is clearly an issue that is because you could drill the entire coun- A lot of people will say on a number on everyone’s mind right now. I just of these subjects that I talked about, try and you would not come up with as this past week invited a number, a whether it is wind, solar, fuel cell, in- much oil as they have in the Middle cross section of individuals, to attend a creased conservation, it is just not cost East and Russia and in a variety of meeting where we would discuss what effective. It does not work. In other other places that we are dependent on. was the appropriate role for the Fed- The only way to reduce our foreign words, it is too expensive right now to eral Government with respect to en- generate wind power, and you do not dependency on energy is to come up ergy policy. really get that much. with new sources of that energy, and I had people who represented inves- Conservation will not really save you tor-run utilities. I had municipal utili- that is what we and the new Democrats that much because you have to spend a ties at the meeting, rural electric coop- are talking about doing. lot of money to get there. We do not Mr. Speaker, let me be clear; we need erative participants. We had large in- have the technology to accomplish more generation. Some of that genera- dustrial consumers. We had low-income this. tion will have to be traditional natural I would like to draw an analogy to energy advocates. We had people from gas, coal-burning, fossil fuel-gener- another topic that we have been debat- the State Regulatory Commission in ating plants. We understand that we ing here recently in Congress, and that Utah as well. cannot simply tomorrow shift to new is the national missile defense system. I can tell my colleagues that if we sources of energy and get off of this, The President has also recently come need any other indication that this is a but we would like to be able to do so as out and said we need to build a na- significant issue, everyone who we in- soon as possible, for all of the reasons tional missile defense system, basically vited came to this meeting. It was a that I stated. a system where we could protect at fascinating discussion, and what we What are the possibilities here? Is it least some portion of the United talked about was the notion of a bal- simply a matter of generating a mega- States, actually, I think it is all of the anced approach, a balanced approach watt here, a megawatt there? It is United States, by being able to shoot that incorporates a number of different much better than that. The possibili- down one or two rogue ICBMs if they solutions to what is an energy problem. ties of what we can accomplish in are fired at the U.S. Admittedly, this meeting tended to terms of shifting our focus and energy We will not find a scientist in this focus more on the electrical side of the dependency away from fossil fuels to- country right now who says that cur- equation than on the oil and the gaso- wards greater conservation and new rently that can work at this moment. line side, so my comments are going to technologies is far greater than I feel You will find some who say it will focus more on that as well. But I would most people realize. never work. You will find some others suggest that as we look at this energy Even before we get into the new who think we can work our way out of issue, we really need to sequence time sources of energy discussion, even fo- it, but the bottom line is the President periods in which we are talking about cusing on conservation, the thing the is saying that whatever you think what can we do, what can we do to put Vice President said was a personal vir- about this policy, that it is so impor- ourselves in a better position. In the tue but not an energy policy, if we tant to this country that we be able to short term, our options are rather lim- were to improve in homes and busi- protect ourselves from a rogue missile ited. nesses the way we consume energy, or ICBM coming from a rogue nation, Clearly we have a supply and demand electricity, natural gas, a variety of that we should spend the money and imbalance, and in the short term, you different things, improve conservation, find out. are not going to be building any new we could save an unbelievable amount Figure it out. He is willing to spend power plants very quickly. In the short of energy. hundreds of billions of dollars to come term, the best available option we have A recent survey on conservation just up with this solution. Like I said, I am right now is to increase energy effi- cited a couple of things that we could not speaking against that policy. He ciency. do: tuning up residential air-condi- may well be right. That may be such I want to make sure that people un- tioning, tuning up commercial build- an important policy to do that, but derstand. As I say, energy efficiency, ings, more efficient air-conditioning transfer that to energy. Why not spend that is a notion where it is not like you systems in those commercial buildings, at least a fraction of that developing have to give up something; it is not and more efficient commercial light- some of these new technologies? like you have to turn the thermostat

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.080 pfrm02 PsN: H08PT1 H2008 CONGRESSIONAL RECORD — HOUSE May 8, 2001 down to 60 degrees and put on five dif- Policy Act, which deregulated the rules are. It is not a matter of we want ferent sweaters. Efficiency means we whole cell side of our electric industry. to be able to build whatever power can have the same comfort level but But they said, you know what, it is up plant we want wherever, we just want using less energy to get there. to the States to figure out what to do to know what the rules are so that peo- The technologies are there and, quite on the retail side. Right then we had a ple can make an intelligent investment frankly, in the short term, which I debit of a dysfunctional market where decision to build the plant where we scribe for the next 2 years in the west- wholesale prices were deregulated and want them to build it in the manner in ern United States, energy efficiency working in one marketplace and retail which we want them to build it. gains are one of the best tools we have were working in a different situation. There are a variety of different to try to mitigate a very difficult cir- This is a complicated issue. Admit- things we can do in that side of the cumstance that we are in in terms of tedly, it is hard to implement policy technology, too. I mean, the way we that supply and demand dynamic. quickly, but we had a series of actions have the system set up now, it costs Mr. Speaker, let us talk about the over the years since the Energy Policy more money to bring new plants online midterm, which is the 2-year time Act was passed, FERC Order 888, FERC in terms of the sort of pollution credits frame to, let us say, the 30-year time Order 889, FERC Order 2000. We are still that one has to buy, basically buying frame. Energy efficiency is still going trying to resolve what to do with our the right to pollute, but at the same to be part of the equation, but there electric transmission systems in terms time one is generating energy. That is are more factors that can be added to of regional transmission organizations. the way we do it. the equation. This is where we can pur- But the newer plants are more effi- b 2015 sue new sources of supply. cient and more environmentally sen- We are going to have to create addi- We need to resolve those issues be- sitive. The older plants that are not do tional sources of electric supply. We cause decisions about investing in in- not have to buy those credits, or at should probably take a balanced ap- frastructure, investing in new supply least they do not have to buy as much proach that incorporates a number of are difficult to make in the face of un- and pay as much. So. technologies, that is going to be part of certainty. So I would suggest that, as a There is a whole lot of things we can the equation. rule, we should try to develop unified look at, both on the generation of typ- If we look at the 25–30 years and be- predictable policies. ical fossil fuels and conservation and yond, that is what I call the real long- The same applies in terms of dealing new technology. It is a balanced ap- term perspective, we need to make a with regulatory rules for environ- proach that we really need to take to concerted effort, a concerted effort on mental permitting. Everyone in this make this work. research and development for tech- meeting that I had in Salt Lake City Mr. Speaker, I yield to the gentleman nology to provide some solutions; solu- last week indicated that they are con- from North Carolina (Mr. ETHERIDGE) who is going to give us some further tions in terms of creating energy more cerned about following the rules. They perspective on the issue. efficiently, solutions in terms of using want to follow the rules. No one suggested rolling back environmental reg- Mr. ETHERIDGE. Mr. Speaker, I energy more efficiently and solutions thank the gentleman for yielding to in terms of creating energy from new ulations. But they all expressed a desire that we know what the rules are me, and I appreciate him pulling to- sources that are not a significant part gether this special order tonight to and that there is a process to work of our energy supply today. talk about an issue I think is very im- through an appropriate permitting ac- That is why as a Member of the Com- portant. It is going to have such a sig- tivity. mittee on Science, I am very concerned nificant impact in this country on so We have got to make sure, again, about the DOE budget numbers pro- many areas of our economy. I do not that we create that unified predictable posed by the administration that show think we even realize today what a tre- policy environment where people can cuts in research and development mendous impact it will have if it con- make rational decisions. I think that is spending for energy efficiency pro- tinues. grams and for energy supply, research an important goal for us as Members of We talk about the problems in Cali- and development as well. I am very Congress. I think that is an important fornia as if they are isolated, and the concerned about that, because I think part of developing the balanced energy gentleman touched on them earlier. in the long term, it is good public pol- policy that the gentleman from Wash- The issue of providing for encouraging icy for us to encourage development of ington (Mr. SMITH) has been discussing. people to save energy is critically im- good research and technology in this Mr. SMITH of Washington. Mr. portant. One of the pieces, as we are regard. Speaker, I just want to follow up on a seeing tremendous escalation in cost, I mentioned this energy forum and I couple of points that the gentleman is we are going to see a tremendous mentioned all of these people who from Utah (Mr. MATHESON) made. wealth transfer in this country as it re- came and attended this forum. The fact First of all, in the investments in al- lates to those who have very little, who is we talked about a whole bunch of ternative energy and conservation pro- are trying to make it to those who policy areas where the Federal Govern- grams, the cut in the President’s pro- have considerably amount. ment should or should not have a role. posed budget is 36 percent from what I want to talk a little bit for a few I just want to focus on one of those was already a fairly meager amount. It minutes about the ever-increasing cost issues that we discussed as a group was $373 million last year. It goes down of energy, because certainly we need a that I thought was very interesting and to $237 million in the President’s budg- long-term policy. Certainly we need to something that Members of Congress et. On something that is so important, do all those things. But energy is a lot should keep in mind, and that is the we can certainly make a better invest- like eating. One can talk about it in sense that we have gotten into the sit- ment and move, hopefully, forward to- the long run, but we eat in the short uation we are in now partly due to the wards finding some of these new tech- run. We stay cool. We get in our cars. fact that we just had a lack of a pre- nologies and finding that balanced ap- We need energy in the short term. dictable public policy. proach. As I travel through my district now I used to work in the energy business. The second thing is I think it is crit- over the last several months, I con- I developed cogeneration facilities in ical to point out that this is not a one- tinue to hear complaints from con- the independent power business, and I sided problem, either on the conserva- stituents there about how energy can tell my colleagues that by the time tion, new technology side. We do have prices are rising and there is no end in we got to about 1990, it became very a problem in locating plants. We did a sight. Even when they go up and they difficult to make rational decisions bad job over the course of the last 10 come down, they do not come back about investing in new power plants years in preparing for what somebody down anywhere near where the last because there was so much uncertainty should have seen coming, which was level was, hoping people are com- about what the market was going to the offset of supply and demand that fortable, knowing they are going up be. we currently are experiencing. again. As I talk to my distributors and Congress was moving towards pas- Part of that problem is what the gen- retailers, they say it is not us. So I sage of something called the Energy tleman said, not knowing what the ask, where is it?

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.082 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2009 I hear from the farmers in my dis- not even turn on the gas last winter in Yesterday, I read in The Washington trict. I have heard them talk about the her home. She could not afford it. So Post that the range had already ex- high price of propane and natural gas she used wood or any other alternative panded to a $1.75, and that is 5 percent prices are driving up the cost associ- fuel she could get just to keep it warm above last year’s record highest prices. ated with farming. That is not just and get through the winter. I have even heard the prediction for true in North Carolina, it is true all Another person in Garner by the some of the energy analysts that the over this country. name of Fred Joyner, a retired logger price in this country might even reach Many people here may not be aware who has a disability payment, he said $3. I raise the question, how do you of how farmers use propane. Certainly his bill was usually $75 a month, and it know it is going to be $3? in North Carolina, they use it to dry doubled. He said, ‘‘it digs deep that Folks were quite patient last sum- the crops, whether it be peanuts or to- bill, but you gotta stay warm. It’s like mer, but I do not know if Americans bacco or corn or whatever it may be. eating.’’ One has got to pay the bill. He are willing to put up with the gas pries But it is also used to run irrigation said, I do without other things. as they continue to get higher. If gas systems. It is used for heating pur- No family in America should be re- prices run up to $3, the American peo- poses; because in the rural areas, pro- quired to do this so that just a very few ple will want to know why it happened. pane is the gas of choice. They do not could put more on the bottom line. So far, they have not liked the expla- have pipelines. Gasoline prices are creeping up, Mr. nations that they have been hearing, The farmers in North Carolina use it Speaker, and some are jumping. My that price increases are simply an ex- to heat their barns in the summer to district does not enjoy much of the ample of the market at work. cure products; and they use it when benefits of an extensive and expansive I ask the question: What market? Is they have animals, for pigs or chickens public transportation system. The only the market working when the Federal or turkeys or whatever they may be. It public system we have of any extent is Trade Commission approves of a merg- is a part of their production process as the one that transports our children to er between two of the largest oil com- well as running the irrigation system. and from school. One needs to under- panies as is expected in June between They also use it in the homes and stand that those prices are going up at Texaco and Chevron? Will consumers they have seen those prices virtually a rapid rate, and that is going to affect think that removing one more compet- double when they spiked up this winter the public till for those who are paying itor from the field will help lower gas and they have not come back to the for it. prices? I do not think so. level they were last year. The State is facing an $850 million I have been brought up to believe The natural gas price rise also has an shortfall in their budget. My constitu- that competition is good, that it helps impact on fertilizers that are used in ents are car people. That is how they keep prices down. I believe more people the farming. We will not see that until get back and forth to work. Heck, the would agree with me if they think it next year. Mr. Speaker, natural gas is interstate outside Raleigh just got through. When one cuts the number of used as a feedstock for ammonia, which HOV lanes about a year ago. When gas companies fighting over customers, is used for anhydrous ammonia that goes up, they feel it in their pocket- how will that price go down. The Amer- goes on the corn in the Midwest and all books. Their daily commutes to and ican people are going to want answers the products grown in this country. We from work or trips to the beach or the to these questions. But they may not are going to see it at the grocery store. mountains when they used to make feel we have reached a crisis proportion And if the prices do not rise for the them, they will be cut back. There is concerning energy, but it may be coming. farmers, they are going broke. no end in sight. Now I know some people do not want Many of my colleagues may not According to a recent report issued to characterize our energy predicament know that natural gas accounts for by the Department of Energy Informa- as a crisis. That word gets people wor- about 90 percent of the cost of pro- tion Administration, they have fore- ried. It can upset the stock market, ducing fertilizer. That is a substantial cast the prices to continue to increase. and I understand that. But I do believe amount of the cost. With the doubling Last year, natural gas wellhead prices the situation is urgent and, as a result, of the price of natural gas from last averaged $3.62 per thousand cubic feet. demands an urgent and prompt re- year, farmers are facing prices of anhy- For this year, EIA predicts the average sponse from the Bush administration. drous ammonia doubling this year. wellhead price will be almost 50 per- I think the American people deserve Double. cent above that. There is a reason for the same level of urgency, the same Now, that is going to have a signifi- that. It is hard to believe that the well- sense of urgency from President Bush cant price on the cost of product. They head prices have escalated at this that Governor Bush demonstrated to are already having a difficult time level. oil producers when they were hurting making a living; and these additional The price of propane is heavily tied by the drop in oil prices in 1999. I urge costs associated with other energy to natural gas, as propane is a natural the administration to demonstrate its costs for their diesel fuel, for the gaso- byproduct of natural gas. When pro- understanding of the urgency of this line and other things they use on the pane prices rise and spike like they did situation by developing an energy pol- farm, and the low commodity prices last winter, they do not come back icy that does not tell Americans they are going to drive more farmers out of down to their previous level. We have have to wait a few years before any re- business. already seen that. lief will be found to higher energy The increase in energy price is also As EIA is predicting natural gas prices. imposing a real economic hardship on prices, it is also predicting foreseeable I thank the gentleman from Wash- thousands of urban citizens in my higher propane prices extending out for ington for this opportunity to partici- State, especially seniors on fixed in- the next 20 months. I would like to pate in this special order this evening come. They need that energy in the know why it is keeping increasing, and because this is an issue that is impor- short run, and this cost is driving it up. we have not heard anyone talk about tant, not only to my constituents in Families on limited and fixed income how we get it down. North Carolina, but as the gentleman face enough challenges without these Last year, there was a lot of grum- has indicated, to all Americans. unexpected increases that are associ- bling over gas prices. They were high, Mr. SMITH of Washington. Mr. ated with the necessities that they but not high enough to dissuade Ameri- Speaker, I yield to the gentleman from need. cans from taking vacations. That may Washington (Mr. LARSEN), from my Let me just share two examples that happen this year. home State. As Washingtonians, we were in the paper recently. Because of When the Energy Department testi- know this is not just a California prob- the high cost of natural gas, Gloria fied last Wednesday, they said that EIA lem. It is certainly not even just a Williams, a single mother in southeast forecast that the average retail price West Coast problem. Raleigh, who goes to school during the for gasoline over the summer would Mr. LARSEN of Washington. Mr. day to improve her lot in life and range from $1.50 to $1.65 a gallon. That Speaker, I thank the gentleman from works at a Target store in the evening compares with $1.53 last year at the Washington (Mr. SMITH) for yielding to to sustain and support her family, did highest level. me.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.084 pfrm02 PsN: H08PT1 H2010 CONGRESSIONAL RECORD — HOUSE May 8, 2001 Mr. Speaker, I am here today to talk Intalco. Clearly this energy crisis is In fact, he continued to argue, in order a little bit about the energy crisis in having a huge impact. One constituent to keep up with the demand, we need to the West, how it is affecting families wrote, ‘‘I’m an employee at Alcoa/ build a power plant a week for the next and businesses in my home district, the Intalco Works in Ferndale and as it 20 years. second district of Washington State looks like right now, my job will va- I would say only an approach that in- and what I and other new Democrats porize due to the forces beyond my or cludes both short- and long-term solu- are doing to try to provide a balanced my company’s control; namely, the ex- tions will truly ensure the energy inde- comprehensive long-term solution. orbitant price of power our plant must pendence our Nation is calling for and b 2030 have to survive. It is a situation that must have. Many of my Democratic may require me and my family moving colleagues and I believe we do not have In many ways we are facing ‘‘The from Washington permanently. We to choose between growing our econ- Perfect Storm’’ of energy. The energy don’t want to do this, but we have to omy and protecting our environment. crisis in Washington State is the result make a living too. Please come to our We can do both. In fact, a growing of a number of factors happening, aid.’’ economy is dependent upon a cleaner, seemingly impossibly, at the same Another woman from Ferndale wrote, reliable energy source for generations time: a failed deregulation plan in Cali- ‘‘My husband has worked at Intalco/ to come. fornia, an inefficient supply of energy, Alcoa in Ferndale, Washington, for 22 The gentleman from Washington (Mr. congested transmission pathways, in- years. We have three daughters. One SMITH) and others have been talking action by the Federal Energy Regu- will be in college for 2 years, the two about a new Democrat approach to our latory Commission to ensure just and others to follow. Don’t let one year of national energy policy; and our ap- reasonable rates in the Pacific North- drought destroy the aluminum indus- proach will expand and diversify our west, and, ironically, for the Pacific try. Give them time to come up with energy supply, providing a balanced vi- Northwest, the lack of rain. solutions.’’ sion that does more than simply find Many people refer to this crisis as Another woman in Bellingham plead- and consume fossil fuels. I recognize a just a California crisis, but clearly this ed, ‘‘I would like to know what I can comprehensive energy policy requires a has not been the case in my district. It tell my 10-year-old when she asks me combination of traditional fossil fuels is a Washington State energy crisis, an what we’re going to do when Intalco and natural gas, but it also requires ex- Oregon crisis, Idaho, Montana. Defi- shuts down. I have worked there for 5 panding wind and solar power viability nitely the Northwest and soon to be a years now, and it has been a good job that will not only make for a cleaner national crisis. And the impact of this for my family. But, with the shutdown energy supply but will also stabilize crisis is being felt all across my dis- of this plant, I’ll be out of work. And prices and ensure reliability. trict through decreased economic with GP also shut down, there are two In the short-term we can harness the growth, job loss, and unbelievably high less places that will pay a wage you energy bills for working families and power of technology and modernize our can raise a family on.’’ regulations to make existing fossil fuel senior citizens. In Sedro Woolley one person wrote, sources of power cleaner and more effi- Across my district consumers and ‘‘My husband Brent works for Intalco. cient. I feel this requires an important businesses are currently experiencing He is scared he will lose his job due to incentive for the installation of cogen- utility price increases of 35 percent. the energy crisis. We are having to give eration and other technologies and a And as the summer and fall arrive, we our power, as well as conserve, just to drive to ensure we continue to utilize will see those rates jump another 40 to lose our jobs and turn our community these new technologies in years to 100 percent. At the State level, in- into a ghost town. The situation is come. creased energy costs threaten over real, as you well know, and our chil- 100,000 jobs statewide and over a quar- dren see the concern we have for our As we seek to expand and diversify ter million jobs region-wide. Clearly, community and the people around us. our energy supply, we must upgrade this crisis is immediate, intense, and Time is running out.’’ our transmission system to ensure that far reaching. Small businesses are suffering as the creation of new forms of energy can High energy costs will decimate in- well. One business owner wrote, ‘‘I be transferred efficiently. We must en- dustry and working families in my dis- have lived in Whatcom County all of courage private and public efforts to trict. In March of this year, Georgia my life. I have owned a home and busi- greatly increase the investment in Pacific, a pulp mill that had been em- ness for over 20 years, and about one- building and improving existing trans- ploying hundreds of workers in Bel- third of all my customers are in the mission lines and pipelines, while en- lingham, Washington, since 1926, shut aluminum or steel industries. Losing suring an expansion of infrastructure is its pulp factory for good due to high any or all of them will have a dramatic both safe and efficient. energy prices, costing 400 working- impact on my business. Ravaging a Conservation and efficiency pro- wage families in Bellingham, Wash- prosperous and important community grams will ensure that our limited sup- ington, their jobs. like ours is a terrible and destructive ply of fossil fuels last longer. It makes Not only has the city lost revenue solution for the short-term goal of little sense to embrace an energy plan and workers lost jobs, but local res- meeting energy demand.’’ based almost exclusively on a finite re- taurants have lost business. The port Our Nation is badly in need of a na- source without also aggressively en- has lost shipping revenue, and the sup- tional energy policy that is balanced, couraging the conservation of those re- pliers who supplied materials to GP for that is comprehensive, that is vision- sources. And I believe conservation years have now lost their top cus- ary, that answers the call that we are should not just be a personal virtue, it tomer, costing thousands of dollars in hearing from people in my district and must be our national priority. Empow- lost revenues. The plant closure alone people all over this country. The crisis ering consumers to make energy-wise will cost the city of Bellingham $235,000 I have commented on tonight in the decisions has to be a key component to a month in tax revenues and cost the West threatens to spread throughout a fully-functioning energy market. economy in Whatcom County at least this country, and this summer will As we seek to develop new forms of $100 million a year. bring higher utility bills and gasoline environmentally responsible forms of Recently, Intalco, an aluminum com- prices for far too many Americans. new generation, again we must im- pany, announced if its energy costs are Much of what has been offered so far prove the efficiency of these new forms not reasonable by October, they too by the administration is, unfortu- of generation. I believe this includes will have to close their plant, and that nately, short on vision and offers no public-private sector partnerships to is another 930 jobs threatened in my truly long-term solutions to the energy improve extraction methods and en- district. problem. The Vice President recently courage cleaner, more efficient genera- I have with me just a box of about a noted that conservation is simply a tion. This approach must also include thousand letters I have received from virtue and the only real solution is to an aggressive focus to increase the sup- employees, family members, relatives, continue with fossil fuels and con- ply of renewable energy as a compo- and friends of those employees at suming them at an unprecedented pace. nent of our national energy portfolio.

VerDate 08-MAY-2001 03:48 May 09, 2001 Jkt 089060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.085 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2011 We must have a substantial increase ington (Mr. LARSEN), for the initiative can point to many family farmers that in funding for research and develop- and the leadership you have taken are on the margin already because of ment into these programs which will within the new Democratic coalition low commodity and milk prices that encourage energy efficiency and renew- forming a comprehensive long-term en- are getting pinched and many forced able energy sources such as wind, solar, ergy task force, which is a work in out of the business because of the spike biomass, incremental hydropower, and progress but nevertheless long overdue in energy costs right now. geothermal. We must also work to pro- as far as this institution is concerned But this is true for small business vide realistic market incentives to de- and, obviously, the American people. owners; we are seeing the impact on velop and use renewable energy at the But in a lot of ways this is not really school budgets and the energy needs residential, commercial, and at the na- a new conversation that is being start- our schools have. It is true for families tional level. ed amongst many of us, but rather a on fixed incomes, large and small busi- We must push for high-efficiency continuation of a conversation we have nesses alike. This has a universal effect standards, whether it is for vehicles, been having for quite some time but, throughout the country. It is not just a buildings, homes, or appliances. Im- quite frankly, have not received any regional problem, but one that will re- proving efficiency will require mecha- attention or any work on because of quire a national solution. It is going to nisms to encourage Federal, State, and the plentiful cheap energy sources that require bipartisan cooperation and local governments to use and purchase the country has been enjoying for some creative thinking in this body alternative fuel vehicles and make all many, many years. In fact, I think, in and throughout the country to come up government buildings energy efficient. a lot of ways, former President Jimmy with a long-term sustainable com- We must also provide market incen- Carter was before his time. He was prehensive energy policy. tives, low-interest loans and grants to criticized and even laughed at at times All of us are anxious to see where the make capital improvements to increase when he was walking around the White Bush and Cheney administration goes energy efficiency and encourage the House with a sweater on preaching the with their report. I think some of the manufacture and purchase of fuel effi- values of energy conservation. Of preliminary indications are a little dis- cient vehicles. course, that happened during the OPEC heartening, the fact that they are con- And to be specific on one point, we crisis. But as soon as the crisis abated centrating so much and focused so must reauthorize and strengthen the and oil became cheap again and OPEC much on the exploration and produc- Renewable Energy Production Incen- start opening up their supply lines, any tion of more fossil fuels. I do not think tive program as soon as possible, which talk about conservation or energy effi- having greater dependence and reliance will help bring an incentive to renew- ciency went out the window, and we on fossil fuels is a sustainable or a sen- able energy in this country. have not had much progress adminis- sible long-term energy policy: A, fossil Finally, we must ensure that no tration after administration. fuels are in finite supply to begin with; group is left behind by the current cri- I think the previous administration, but, B, there is a plethora of scientific sis, including seniors and low income. I the Clinton administration, deserves evidence and the scientific community commend the administration for their much more credit than they have re- has rallied around the evidence that budget increases in LIHEAP and State ceived in regard to the energy budgets exists pointing to global warming and weatherization funding, which are key they submitted time and time again on the greenhouse effect, which has been components for empowering local ef- Capitol Hill. But again it was received spurred by the increase in consumption forts to deal with the effects of this cri- with laughter, saying that it was too and the burning of fossil fuels. So natu- sis adequately. However, programs green, unnecessary and drastic pro- rally, you would not think that any within other Federal agencies, like the posals, when actually what they were long-term energy policy would require an increased reliance on fossil fuel con- public housing operating fund with asking to do was trying to fund and sumption. Housing and Urban Development, must create some incentives to explore al- be increased to help our local housing ternative and renewable energy sources b 2045 authorities to keep rents down for low- in the country, realizing that that has I hope that is not the report that income families. got to be a part of any long-term en- they produce next week, but I was also In closing, I believe very simply that ergy policy. disheartened by Vice President CHE- new Democrats understand that a com- But I think we all realized that noth- NEY’S discussion about the role of con- prehensive energy plan for the future is ing significant was going to be accom- servation in this country. He does not critical to our Nation’s long-term pros- plished on this front until ultimately think it should be part of the long- perity. The livelihood of families in my the American people felt the pain, and term solution. That was surprising district, in Washington State, and we have seen that now in the recent given the fact that corporate America across the country depend upon it. And year. We have the crisis on the West has been investing hundreds of millions I want to thank the gentleman from Coast, whether it is California and the of dollars to upgrade their machines Washington (Mr. SMITH) for the oppor- rolling blackouts, but even the Pacific and tools that they are using, trying to tunity to speak on this tonight, and I Northwest, where you two gentlemen invest in the latest technology, wheth- yield back to him. are confronting with the low water and er it is heat exchanges or cooling Mr. SMITH of Washington. I thank the reduced hydroelectric supply that equipment, things which are reducing the gentleman very much. the Northwest relies upon for their en- energy costs and increasing worker We also have, for a Midwest perspec- ergy needs. But this is true from State productivity. tive, the gentleman from Wisconsin to State. And if truth be known, even a I think the Vice President should (Mr. KIND). As has been mentioned fre- State like Wisconsin, which is the talk with corporate America about the quently, but I do not think can be men- State I represent, is on the margin as role of conservation, because they see tioned often enough, this is a national far as delivering the energy capacity the need and they are taking affirma- problem that we need to step up to. It and the need that the people back tive action. will have a profound effect on our econ- home require. We could be a whisker The work product that we have been omy if we do not figure out some way away from having our own energy cri- involved with so far is long-sighted, to provide affordable energy sources to sis because of transmission problems and it is reasonable. I am talking about our Nation for a long time to come, and some of tin fracture problems that the benefits of increased energy effi- which will be a big challenge. have developed in the State of Wis- ciency, a new generation of energy re- I yield to the gentleman from Wis- consin. sources that will look at the possibility consin (Mr. KIND). I am glad the gentleman from Wash- and the potential of renewable and al- Mr. KIND. Mr. Speaker, I thank my ington (Mr. LARSEN) brought a few of ternative energy sources. friend from Washington State for the letters from constituents and how I am also talking about the need to yielding to me and also for organizing they are feeling the pain, because I upgrade our energy infrastructure in this Special Order tonight. I want to think all of us right now in our respec- this country so it is efficient and clean- commend the gentleman and also our tive offices are getting a lot of phone er and it is safer in whatever region colleague, the gentleman from Wash- calls and a lot of letters. Back home I that we are talking about.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.087 pfrm02 PsN: H08PT1 H2012 CONGRESSIONAL RECORD — HOUSE May 8, 2001 The role of conservation I think Needless to say, we have our work cut are going to have to use fossil fuels and many people just intuitively under- out for us in this body, the current ad- build power plants; but we should look stand and get; otherwise why do we ministration, the private sector, and at the cost and difficulties in doing have so many Americans participating the American people. By working to- that and understand that an alter- in recycling programs, for instance? gether, I think we do have the inge- native is preferable, and then look at But also the greater need for industry nuity to come up with something that the alternatives and say, you know, it cooperation and collaboration. These is going to be sustainable for future is not an impossible dream. answers are not going to be just found generations. There are alternative technologies in the public sector by elected rep- I look forward to working with the out there right now that are working. resentatives, but it requires an integral gentleman from Washington (Mr. There are ways to conserve energy in a public and private partnership to pull SMITH) and the gentleman from Wash- way that will save us dramatically, and this off. ington (Mr. LARSEN) as we move for- that is with what has been a relatively The United States of America has 4 ward in the new Democratic Coalition meager investment in those tech- percent of the world’s population, but trying to put together this comprehen- nologies and conservation techniques. we are consuming over 25 percent of sive piece, something that makes sense Think of what we could do if we actu- the fossil fuels produced in the world. from region to region and is national in ally committed ourselves to solving We are increasing our energy consump- scope. Certainly there is enough inter- that problem. tion 20 percent every 5 years in this est being generated by our folks back Mr. Speaker, I think it is worth the country. If we do not have a long-term home. They are looking for some long- investment and worth the time and en- solution with multiple pieces to find term answers to this energy crisis that ergy on our part to do that and come the right answers, that obviously is not they see. up with the alternatives and build a going to be a sustainable energy policy. Hopefully by working together, and brighter future that is not as depend- I am ranking member on the Sub- again in a bipartisan fashion, we will ent on the constant fossil fuel cycle committee on Energy and Mineral Re- be able to come up with a plan that is that we are going through and make us sources on the Committee on Re- needed in the future, given our current so dependent on foreign nations for the sources. We have been holding hearings consumption levels, but also given the future of our country. in regards to energy policy and fossil incredible potential that exists with I thank the new Democrat Coalition fuels and the role of fossil fuels. Last technological breakthroughs and the in putting this special order together, week we had a very good hearing on research and development that is al- and I look forward to working with the potential of geothermal power in ready ongoing. I thank the gentleman them as well as everyone else in the this country; a tremendous potential, from Washington for organizing this Congress and the administration and especially on the West Coast in Nevada special order tonight. I am sure that throughout this country to come up and California. California already is this will not be the last of our con- with an energy policy which will sus- consuming roughly 10 percent of their versations on this topic. tain us for the future. energy from geothermal power. Mr. SMITH of Washington. Mr. f Other countries are taking a lot of Speaker, I want to thank my col- action, a lot of proactive steps. Even a leagues for doing an excellent job of ENVIRONMENTALIST country as small as Kenya is making a talking about the problem and where ORGANIZATIONS EXPOSED major infrastructure investment in we need to go in terms of finding solu- The SPEAKER pro tempore (Mr. geothermal power for their long-term tions. This is a great opportunity for FLAKE). Under the Speaker’s an- energy needs. It is projected right now this Congress and this President to nounced policy of January 3, 2001, the in Kenya, over 25 percent of their en- work together in a bipartisan way. The gentleman from Utah (Mr. HANSEN) is ergy will come from geothermal President has talked a great deal about recognized for 60 minutes as the des- sources within the next 15 years. This wanting to change the tone in Wash- ignee of the majority leader. is true whether you talk about South ington and work in a different way. Mr. HANSEN. Mr. Speaker, many America, some of the countries in Asia, There is some frustration, particularly years ago when I was a student at the except for the United States. amongst moderate Democrats like my- University of Utah, I recall working at I submit that one of the reasons for self, that that has been more rhetorical different jobs after class at night and that is because we have become com- at this point than actual, but there is weekends in order to make ends meet placent and take for granted the cheap still plenty of time. We are a little over and pay my tuition. Money was tight. I energy sources, mainly fossil fuels, 100 days into this, and there are some was newly married. I had a wife and which have perpetuated the industry very important policies that are yet to child to support, but I still remember without enough investment and for- be fleshed out. sending $25 to the Sierra Club in reward-thinking with alternatives and The President, by taking a focus on sponse to their advertisements because renewables. energy, could make a huge difference I felt strongly about protecting our air Wind power, to give you another ex- by bringing people in. I think if there and water and preserving our forests. ample, it was a short period ago where is any issue out there that should be But I was moved to donate to that par- it was costing anywhere from 20 to 30 bipartisan, it is certainly energy. It is ticular organization by what they had cents per kilowatt hour with wind that critical to everything that we do, as to say, and during the 1960s and 1970s, is being generated. Today that is down was outlined by my colleagues quite I believed that our Nation urgently to about 2 to 3 cents, a tremendous in- well. needed a wake-up call to action to stop crease in efficiency in bringing it into But I think the critical element in the dumping of raw sewage and indus- market competition. all of this is understanding both the trial waste into the Nation’s water- The same is true for solar and bio- cost of taking the approach that says ways, and to find ways to try to save mass opportunities. The research and fossil fuels are the only way to get us endangered species like the bald eagle development on fuel cells is tremen- out of this, and also the rich field of and the grizzly bear. dously exciting. We are starting to see opportunities to go a different route. I saw some of those problems first- prototype automobiles being developed Just think about it. hand, and I felt strongly about that, by these companies at the forefront of Building a power plant a week for the and contrary to what groups are say- fuel cell development. It is already next 20 years to burn more fossil fuels, ing, I still do. I believe some advocacy powering our space shuttle on the mis- the impact of that cannot be underesti- groups like the Sierra Club played a sions up there. There is no reason why mated; the sheer cost of doing it, the constructive and valuable part in help- we cannot implement this at home, in damage to the environment of both ing to focus public attention on these our appliances and our machines that building the plants and also of the con- problems. we are using to produce goods. sumption of those fossil fuels. That is In those days I recall the Sierra Club All of this needs to be a part of the not to say, as all of my colleagues have actually funding some restoration equation. I do not think anyone stand- done a great job of saying, that this projects which were laudable. They ing alone is going to be the answer. should not be a critical part of it. We were doing more than just sounding

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.090 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2013 the alarm. They were out on the ment we are talking about. They are islative solutions to vexing environ- ground, physically doing something slick, well-organized companies, em- mental problems, all I have received is constructive by themselves, cleaning ploying rafts of accountants, market- the hammer to the head. At least to up a lake or making a trail, for exam- ers, and attorneys. There is none bet- this point they have not shown an in- ple, in partnership with local or State ter. In order to feed that beast or make terest in doing what Isaiah counseled organizations. the payroll, they have to raise money. in the Old Testament, ‘‘Come now, let I felt good about supporting that be- How do they do this? They do it very us reason together.’’ I am still waiting cause I had always been taught that it well. They are masters at it. If they for the phrase to be uttered, ‘‘Mr. was not sufficient to just point out were public corporations listed with Chairman, we would like to work with faults or problems of others; what we the stock exchange, they would be list- you on that proposal.’’ I have been here need to do is put our money where our ed by analysts in the ‘‘buy’’ category. 21 years and still have not heard it. In- mouth is and pitch in and do some- They pour massive amounts of tax-ex- deed, all we get is the fire hose ap- thing ourselves. It is ironic, given what empt and tax-deductible contributions proach of heated and hostile rhetoric. some vocal environmentalist groups into emotion-based media and mar- I still believe that a majority of today have to say about me, that as a keting. They are spending millions on Americans when presented with all the member of the Utah legislature and direct marketing campaigns in order to facts will support the right environ- Speaker of the Utah House that I was generate more and more contributors mental policies. They will recognize labeled by some of my colleagues as and donor lists. They hire impression- the need to achieve balance between being too green because I often spon- able young college students, normally obtaining resources and preservation. sored or supported environmental leg- at a minimum wage, to go door to door The key becomes getting all the facts islation. to sign up new members, and hire still What is more ironic is that my per- out on the table. At the present time others to attend public hearings to ap- those of us who are often cast by these sonal philosophy for protecting the en- plaud or to boo as directed, in a cyn- vironment has not changed one iota. I groups as being on the wrong side of ical, purchased attempt to influence still believe in the principles of con- their issues are outgunned in terms of public opinion. money and media access. With their servation and environmental protec- What is truly shocking is the amount tion, like Teddy Roosevelt, our first vast sums of tax-exempt money pour- of money these groups are raising and conservation President. I believe man ing in, they buy huge media influence, spending, and they are beginning to hit has been given the responsibility to be which they do not call lobbying, but the big-time contributions, millions of wise stewards of our natural resources, rather public education. This is an dollars at a time, disappointingly, from that we can find environmentally re- abuse of our tax laws and lobbying dis- such previously venerable entities as sponsible ways to obtain the energy closure statutes. the Pew Charitable Trust. This is how and raw materials that we need as a These groups have also shown a pro- they can pay for millions of dollars in Nation and as families and as individ- pensity to try to intimidate Members slick brochures, calendars, videos, uals to sustain life; and that as human of Congress mainly from urban, eastern radio and television advertisements, beings we need to not apologize for districts into supporting radical pro- having been born, and that we are part all designed to shock and stimulate in- posals affecting many large western of the Earth’s ecosystem. dividuals to reach into their pocket- States like Utah, Idaho and Colorado. Unfortunately, it has been the envi- books. These groups advocate locking up huge ronmental movement which has Like any other pitchmen hawking areas into formal wilderness designa- changed. As too often the case, what their wares, they use sensational pic- tions even though most people do not begins as a good idea and needed cata- tures and distortion of facts in order to understand what those designations lyst has in many respects been cor- grab attention, as some unscrupulous mean, or draining Lake Powell. After rupted by money and by power. marketers are prone to do. They take all, most of the Members from eastern I have witnessed over the years how advantage of many hard-working States have not even been to those environmental groups have changed Americans who are too busy earning a areas in the West that the legislation from actually doing constructive work living and paying taxes and raising would affect, so maybe it is just a into self-interest business organiza- their families, who do not have the throwaway vote for them. However, if tions whose main goals seems to be time to investigate the claims them- they do not sign as a cosponsor to their marketing, self-perpetuating power selves. These groups take advantage of radical legislation such as H.R. 1613, and growth, and to achieve those ends people’s natural goodwill and desire to locking up nearly 10 million acres of by any means. They become masters at protect green spaces and clean water Utah lands, these groups will openly slashing and burning the character and by asserting that their tax-deductible attack them in their States and dis- reputation of those elected officials or $10, $20, $50, or $100 donated to them, tricts by vocally and visibly labeling reporters who dare to challenge them for example, will keep those blankety- them an enemy to the environment. or who dare to take different points of blank, nasty Republicans or other Nothing could be further from the view on specific environmental issues. Congresspersons from raping and pil- truth. Mr. Speaker, I have witnessed over laging the environment. In my opinion, it is shameful that the years how increasingly strident b 2100 tactics such as these are sometimes and nasty many of them become in our employed by these organizations. civil discourse, and how increasingly As it was for me as a young college Those tactics ought not to be rewarded radical many of their proposals have student to be influenced by their solici- by Members, and I urge Members who become. tation, so it remains today with many Finally, what I have noticed as well of us. Only there is so much more feel they are threatened politically to is that these groups by and large are media influence by those groups than show these men and women to the now all about big business, and that is in the 1960s. They have a very loud and door. their bottom line. When looking at the a very strident voice. Raising all this money would be okay Sierra Club, the Southern Utah Wilder- When I hear the completely over- if the money was being used mostly to ness Alliance, the Natural Resources blown rhetoric they put out about go toward preservation and conserva- Defense Council, the League of Con- many of my colleagues who are work- tion projects. I would applaud it. How- servation Voters, or several other envi- ing hard, honestly motivated by want- ever, what we are seeing is the abuse of ronmental groups, what begins as a ing to do the right thing by the envi- the IRS guidelines by many of these small, bare-bones organization with ronment and by finding a balanced ap- groups who disguise their extensive issues motivating people, soon blos- proach, it can be very disheartening. lobbying activity and very often very soms into larger and larger organiza- Some days it is tempting to ask why do partisan lobbying activities under the tions which must rent offices, hire we keep trying? guise of public education. If the true workers and meet their payroll. Despite years of trying to reach out costs of lobbying were to be These are not grassroot organiza- to these groups, to enter into a con- ascertained, I believe that some of tions operating out of some guy’s base- structive dialogue to come up with leg- these groups would be in jeopardy of

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.092 pfrm02 PsN: H08PT1 H2014 CONGRESSIONAL RECORD — HOUSE May 8, 2001 losing their 501(c)3 tax-exempt chari- been to simply attack the reporter per- think all of us are environmentalists. table status, as well they should if they sonally and professionally. Having been In fact as he once said that in college are violating the law. a chairman for a long time of a sub- he gave his money and dues to the Si- That is something, Mr. Speaker, that committee and chairman of another erra Club, I believe it was, I gave Congress ought not to be shy about committee, I am always amazed how money to the Idaho Conservation looking into. While some on the Hill when you cannot beat them with issues League because I believed in what they and elsewhere seem fixated on cam- and fact, you always go to personal as- were doing and in fact in many things paign finance reform aimed at cleaning sassination. I found Mr. Knudsen’s se- that they are still doing, I think they up perceived corruption of the Amer- ries to be balanced and confirms many are doing a good job but like most en- ican political process by money, I won- of the concerns that I have had myself vironmental groups or groups that call der who is actually watching these self- for some time. I wish that more report- themselves environmental groups, they appointed and self-ordained watchdogs ers would follow his lead and look to have stepped over the edge. They have and special interest groups who are what he has uncovered. gone beyond simple environmental shoveling in money by the truckload. Now, I would like to point out on this issues and trying to save our environ- Where is their accountability? Where chart that I have here, executive sala- ment. are the news cameras following them ries. According to the information Before I get into that for just a as they drive to the bank to make compiled by Mr. Knudson, a good share minute, I want to talk for a second these big deposits? While liberals and of the money raised by these groups about another environmental issue extreme environmentalists lambast goes to pay salaries for their top offi- that was just talked about previously their contrived bogeyman big oil and cials. They are easily within the top 1 by the minority party here in their those nasty extractive industries, I can percent of all wage earners in the coun- hour that they reserved and that was the energy policy which deals with the tell you that big oil such as it exists try. For example, this chart shows that environment as much as these issues cannot hold a candlestick to the money the executive directors of the Nation’s that we will be talking about here and influence these environmental top environmental organizations are today. I was glad to hear that the groups assert these days in this city of paid very well. Members suggested that we need a bi- The salary of the National Wildlife Washington, DC. partisan effort in energy, a solution to How long will they get away with Federation top executive, Mr. Mark the energy problem that we have in these distortions and character assas- Van Putten, was nearly a quarter of a this country. sinations unchallenged and unchecked? million dollars last year. This rep- They were, it seemed, very critical of Is their abuse of our Nation’s tax laws resents a 17 percent raise over his sal- the Bush administration and some of and lobbying disclosure requirements ary the year before. Think about that the stances that he takes, but I will not worthy of examination? the next time you contemplate your 3 tell you that when the report comes This abuse is the untold story that percent cost of living adjustment. out and in our conversations with Vice too many people are afraid to explore, If you were among those who sent in President CHENEY, conservation will be and it is something that Congress a $25 contribution to this group, do you a part of the report, renewable, sun and ought to look into. This is the purpose realize it took over 10,000 of you con- wind power will be a part of the report, for me and my colleagues coming to tributing in order just to pay his sal- new sources of energy, discovering new the floor tonight to raise awareness of ary? sources of oil and coal and natural gas how many of these groups are exploit- The salary of the World Wildlife will be a part of the report, nuclear ening the public for their own selfish rea- Fund president, Kathryn Fuller, was ergy will be a part of the report. New sons. $241,000. The salary of the National Au- technologies such as fuel cells will be a I have often wondered where the na- dubon Society president, John Flicker, part of the report. They suggested geo- tional press has been on looking criti- was $240,000. The salary of the Natural thermal power. Geothermal is a power cally upon these groups. Are they too Resources Defense Council director, that is used in some areas. cowered by political correctness or John Adams, was $239,000. The salary of But if we look at some of the things afraid of offending their liberal con- the Wilderness Society president was that the Democratic Party has done stituencies, or are they card-carrying $204,000. The salary of the Defenders of just recently on TV, I saw the chair- members of these groups themselves? Wildlife president and CEO was man of the Democratic National Com- How long will the press releases and $201,000. Earth Justice Legal Defense mittee on TV slamming Bush for his bald-faced assertions issued hourly by Fund president, Buck Parker, was energy policy and holding up a picture these groups remain unchallenged by $157,000. And the Sierra Club’s Carl of Yellowstone National Park with an the media? Pope’s salary was $138,000 in 1998 and oil well over it and said, this is Bush’s While Members of Congress are scru- listed as $199,577 in 1999, nearly a 50 policy. Then next was one of the Grand tinized up one side and down the other percent raise. The list goes on. Canyon with an oil derrick over the top for every word we utter and every vote Now, folks, think about it. How many of it saying this is what Bush wanted, we take, these groups are somehow of those $25 contributions does it take drilling in our national parks. Nobody coated with Teflon. It must always be you as you did like I did as a young has suggested drilling in Yellowstone. accepted by the media as unrebuttable college student, send a few bucks there Nobody has suggested drilling in any of truth. Must they always be given the because you believe in what they are our national parks. They have said last word? doing just to pay these salaries? Where that we ought to look in our national At least one reporter has recently are these missionary zealots who had a monuments which we do drilling in had the nerve and the courage and pro- great idea back in the 1960s and now and look at the reserves we have fessionalism to explore and investigate thought we were going too far? Where there such as the ANWR and other these groups, their fund-raising and are these people that were in there places. And then the DNC put on a their tactics. I commend the members doing the thing because it had the commercial which suggested a young to a five-part series of articles which burning in their heart to do it, not be- lady holding up a glass of water and appeared recently in the Sacramento cause it was a big business? Unfortu- saying, ‘‘Mommy, could I have more Bee newspaper by Mr. Tom Knudson, nately, you can see new arsenic in my water?’’ And then there and all these are posted on the Com- environmentalism has grown into a big was a child with a hamburger saying, mittee on Resources Web site. Mr. growth industry. ‘‘Could I have more salmonella in my Knudson has come under fire in the Mr. Speaker, I yield to the gentleman hamburger?’’ It seems to me that the last few days by the very groups he from Idaho. DNC has taken on the same char- scrutinized by having published his se- Mr. SIMPSON. I thank the chairman acteristic that the extreme environ- ries, which unfortunately is to be ex- of the committee for yielding the time mental movement has taken on where pected these days. and for setting aside this hour to talk raising money has become more impor- I am afraid that the truth must hit a a little bit about what is happening in tant than the truth. They will say any- little close to home. Therefore, the the environmental community. As the thing to try to discredit this President natural self-preservation response has gentleman from Utah has suggested, I and the policies that he sets forward.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.093 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2015 That is exactly what the extreme en- Institute of Philanthropy, an inde- have increased from 14 to about 160. vironmental movement has done. They pendent, nonprofit watchdog that scru- The program has been so successful have stolen the true grass-roots envi- tinizes nearly 400 charitable groups. that Yellowstone officials now favor re- ronmental movement. This series of ar- It is interesting when one looks down moving animals from the Federal en- ticles that was written in the Sac- the list of some of the groups, some of dangered species list. ramento Bee newspaper, and I would the environmental groups did very One of my favorites that I want to commend them to anyone who wants well. The Nature Conservancy was an A talk for just a minute about again to look at how these groups are funded minus; Environmental Defense was a B; comes from the Defenders of Wildlife, and some of the things that they are Greenpeace was a D; Defenders of Wild- and I wish I had some blow-ups of it, doing, I would like to go through some life was a D. That is based on the but it is a poison alert. ‘‘Wolves in of the provisions of these articles and amount of money they actually give to Danger,’’ one of the sections that runs some of the things that they are doing the cause for which they are raising in the newspaper or letter that goes because I think it is important for the the funds; how much of it goes into out to individuals, a fund-raising let- American people to know where that their organization to support fund-rais- ter. Another one that says, ‘‘a special $15 that they are contributing or that ing. gift when you join our pack,’’ and it $25 or $100 or $10,000 that they are con- So many of the dollars that people has pictures of these cuddly wolves. tributing to some of these groups is are giving, because they read these ar- More than 160 million environmental going and what they are going for. One ticles in the newspaper that support fund-raising pitches swirled through of the concerns is that, as I said ear- protecting wolves and other types of the U.S. mail last year. Some used the lier, the extreme environmental move- things, people send in their $15 or so. power of cute animals to attract do- ment has taken over the grass-roots Much of that money, over half of it in nors. The problem is that in many environmental movement. It is no many cases, does not go to saving cases those campaigns were less than longer about saving the environment; wolves; it goes to raising more money honest. And this was the pitch, and it is about raising money. They spend or to the organization or, as the chair- this is the one that caught my atten- an awful lot of their funds raising man suggested, to the salaries of some tion, in Salmon, Idaho, which is in my money. of these individuals in these organiza- district. In Salmon, Idaho, antiwolf ex- One of the letters written by the De- tremists committed a horrible crime; fenders of Wildlife says: tions. One of the other things that sort of they killed two Yellowstone wolves ‘‘Dear Friend, I need your help to with lethal poison, compound 1080. stop an impending slaughter. Other- concerns me, well it concerns me a lot, is the massive waste in this fund-rais- ‘‘Please do not allow antiwolf extrem- wise, Yellowstone National Park, an ists to kill our wild wolves. These wolf American wildlife treasure, could soon ing. The Wilderness Society mailed 6.2 million membership solicitations; an families do not deserve to die. Please, become a bloody killing field. And the we need your help now.’’ And then, of victims will be hundreds of wolves and average of 16,986 pieces of mail a day. This is mail fatigue. course, they solicit a contribution. defenseless wolf pups.’’ The fact is, the two wolves were not The letters that come with the mail- So begins a fund-raising letter from Yellowstone wolves but wolves reintro- ers are seldom dull. They are steeped in one of America’s fastest-growing wild- duced by the U.S. Fish and Wildlife outrage. They tell of a planet in per- life groups, Defenders of Wildlife. Service into central Idaho, against the petual environmental shock, a world Using the popular North American objections of the State of Idaho to re- victimized by profit-hungry corpora- gray wolf as the hub of an ambitious introduction of those wolves. campaign, Defenders has assembled a tions, and they do so not with precise Some wolves were killed illegally, financial track record that would im- scientific prose but with boastful and but the population of wolves continues press Wall Street. often inaccurate sentences that scream to increase at a pace faster than Fed- In 1999, donations jumped 28 percent and shout. Some of the examples were eral wolf recovery officials had antici- to a record $17.5 million. The group’s given in the Sacramento Bee. From the pated. The government expects to re- net assets, a measure of financial sta- New York-based Rain Forest Alliance, move wolves from the Federal endan- bility, grew to $14.5 million, another ‘‘By this time tomorrow, nearly 100 gered species list in 3 to 4 years. In record. And according to its 1999 an- species of wildlife will tumble into ex- fact, in Idaho we have already met our nual report, Defenders spent donors’ tinction.’’ commitment of 10 mating pairs. The money wisely, keeping fund-raising and The fact is, no one knows how rap- problem is that they take Montana and management costs to a lean 19 percent idly species are going extinct. The Alli- Wyoming together and say we have to of expenses. ance figures an extreme estimate that But there is another side to Defend- have 30 breeding pairs within the entire counts tropical beetles and other in- region. ers’ dramatic growth. sects, including ones not yet known to Pick up copies of its Federal tax re- Wolves are overpopulating Idaho bet- science, in its definition of wildlife. ter than anyone had anticipated, and turns and you will find that its five Another example from the Wilderness highest paid business partners are not they are using these instances, this Society: We will fight to stop reckless group, Defenders of Wildlife, to raise firms that specialize in wildlife con- clear-cutting on national forests in servation. They are national direct money to try to save wolves. Unfortu- California and the Pacific Northwest mail and telemarketing companies. nately, much of the pleading that they that threatens to destroy the last of You will also find that in calculating do with the American public at best its fund-raising expenses, Defenders America’s unprotected ancient forests can be called dishonest. borrows a trick from the business in as little as 20 years. I, like the chairman, want to save Fact: The national forest logging has world. It dances with digits, finds op- the environment. We want to make dropped dramatically in recent years. portunity in obfuscation. Using an ac- sure that what we do is compatible counting loophole, it classifies millions In California, clear-cutting on national with the species and protecting species. of dollars spent on direct mail and tele- forests dipped to 1,395 acres in 1998, But we also think that human beings marketing not as fund-raising but as down 89 percent from 1990. play a role in this environment and in From the Defenders of Wildlife again, public education and environmental our world, and that human beings activism. ‘‘Will you not please adopt a furry lit- ought to be considered in this whole Take away that loophole and Defend- tle pup like Hope?’’ Hope is a cuddly equation. ers’ 19 percent fund-raising and man- brown wolf. Hope was triumphantly Look at what the gentleman from Or- agement tab leaps above 50 percent, born in Yellowstone. egon (Mr. WALDEN) is going through meaning more than half of every dollar Fact: There never was a pup named right now, where they have taken donated to save wolf pups helped nour- Hope. Says John Valerie, Chief of Re- 170,000 acres of 200,000 acres of irrigated ish the organization instead. search at Yellowstone National Park, land that will not have water this year ‘‘We do not name wolves. We number because a judge has ruled that the b 2115 them.’’ sucker fish that they are trying to pro- That was high enough to earn De- Since wolves were reintroduced into tect is more important than those peo- fenders a D rating from the American Yellowstone in 1995, their numbers ple.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.095 pfrm02 PsN: H08PT1 H2016 CONGRESSIONAL RECORD — HOUSE May 8, 2001 Mr. HANSEN. Mr. Speaker, I appre- In those days, what they do not real- you can get in court and make that ciate the gentleman from Idaho (Mr. ize is Congressman OWENS was then a kind of money? SIMPSON) for his very interesting com- member of the majority party, which Let us be smart about this thing. ments. was then the Democratic Party. The This thing is not in there to protect Mr. Speaker, let me point out, we President was a Democrat. The House the environment. both got into the idea of how much and the Senate were Democrat, and I That reminds me of when I was back money these folks bring in. I have a was the ranking member of the com- here as a freshman in 1981. The Sec- chart here that points out some of the mittee and they never, ever asked for a retary of Interior was Jim Watt. He money that is brought in. Look at the hearing. So I wonder how serious they was supposed to come in and see me amount of money that came in in one were about it in those days. with Senator Garn over in Indian year to these organizations. And then As a recent Associated Press story School. That morning I received in the the question comes up, well, what do noted, the only impact this bill has in mail something from a group who was they spend it for? the last decade are the trees that were going to save the Chesapeake Bay that When we first got into this thing, we killed to provide for the paper on which was all ruined. It said, ‘‘Mr. Hansen, if were arguing the idea, are these the the bill is printed year after year. They you will send us $10, $20, $30, $40, $50, people that have the fire in their are fierce lobbyists. They have a staff we will do our best to meet with the In- bosom to go out and take care of the of 20 attorneys, lobbyists, and strate- terior Committee and Secretary Watt public land? Well, no, as we both dis- gists who operate offices in four cities, who is ruining the Chesapeake Bay.’’ cussed in the last while, it is not that. including Washington, D.C. So that afternoon, the Secretary It is more of an idea of raising more They spent only $11,000 in 1999 in walked in. I said, ‘‘Jim, I want to show money and more money and more grassroot efforts to reach out to the you this.’’ He laughed, and he said, money. And where is it spent? public, though they claim their pri- ‘‘What do you mean? I put $285 million I would like to give a little example, mary reason for existence is to educate into protecting the Chesapeake Bay.’’ if I could, about an environmental the public about the environment; but And he said, ‘‘That is just poppycock.’’ group in the State of Utah, and I would they spent nearly $1 million in the last So I sent them $10 because I was curi- hasten to say that if that is what the 4 years to lobby to get their wilderness ous what was going to happen. Six public wants, fine. If the public wants legislation passed. months later, I got a letter back. It this money to just go into paying law- I privately believe that the last thing said, ‘‘Mr. Hansen, due to your gen- yers, paying marketers, paying adver- in the world this group wants is to pass erous contribution, we have met with tising, K Street-type of thing, Madison that bill. That is why they keep mov- the Interior Committee of the House,’’ Avenue, fine. But I thought that most ing the goal posts. That is why the which I sit on or was sitting on in of us who got involved in this thing did numbers keep going up. Above all, this those days also, and they never walked not want that. I thought we wanted to organization is a self-perpetuating con- in. ‘‘And we have influenced the Inte- restore the forests and the clean water sumer of resource and energy. They rior Department to do their very best and the wildlife, and do it in a way deal in volumes of paper and plastic. to take care of this terrible problem, that is environmentally sound and at They issue their own credit cards, the and we have that. And if you will send the same time to take good care of the Affinity credit card. That is what our us some more money, another generous energy. environment needs, more credit cards. contribution, we will be there to help Let me just refer to this one group. They do a rich business in the sale of do these other things.’’ And I thought, They are called the Southern Utah Wil- videos, T-shirts, hats, books, posters. what poppycock. It is just like these derness Society. Nice people are there, Most of these products are made from people who prey upon the elderly re- and some of them, I think, are a little nondegradable materials like plastic, garding Social Security when half of misled, but they probably think the or require the cutting down of trees those allegations are not true. same thing about me. This group raises and the use of paper. They send out b 2130 more than $2 million each year in do- more than 100,000 newsletters, fliers nations from hard-working people who and bulletins each year. That is a lot of Well, I can just tell you, you just rest care about protecting our environment. trees, and that does not even include assured. Members here on the Com- The money is raised under the idea of their reports, press releases, and law- mittee on Resources, we are not going protecting Utah wilderness lands. Send suits. They are aggressive users of elec- to drill in parks as the gentleman from this group some money and you will tricity. Four offices. All these things Idaho was mentioning some people say. help wilderness in the Colorado pla- they talk about. That is not going to happen. We are teau, you are told. Now I would like to just say some- not going to hurt or rape or pillage the So they send out these beautiful cal- thing about the lawsuits. If I could ground. If anything, in a moderate and endars saying, this is what you will move this one chart here, look at the reasonable way, we are standing ready protect. However, some of it is in na- number of lawsuits that the environ- to take care of the ground. tional parks. Only one was in that mental community has done between So I guess we can ask ourselves the area, but it was a pretty calendar any- 1992 and 2000; 435 environmental law- question, do you want to pay attor- way. suits. Now I thought we were out here neys? Do we not do enough with the at- However, when you look at their tax taking care of the environment. I did torneys retirement bills around here reports, you find that not one dime of not know we were just in this thing of anyway? I do not know why we have to this money is actually spent on the en- litigating. It is the most litigious soci- make it easy for other people to do vironment. Not a penny goes to plant a ety we have ever had, but let us liti- that. Those folks seem to do pretty tree, restore a streambed, or protect an gate again. well. American trial attorneys do ex- acre of ground in Utah or anywhere This is how much they have made, tremely well. I do not think we want to else; not a dollar to create a habitat to $36.1 million in legal fees paid by the do that. take care of an animal. U.S. Government, whether they won or I think your money should go to take What this group does is, they lobby lost. That is your taxpayer money, $31 care of the public grounds of America for the passage of a wilderness legisla- million right there. If they win or lose, and take good care of it. I would hope tion. In fact, they lobby to pass vir- they get that money. One case netted that every American is a good con- tually the same old, tired, worn-out $3.5 million for the Sierra Club, and it servationist and a good environ- legislation every year, but they keep was questionable whether it was even mentalist in the true sense of the word, raising the ante. endangered. and that is what I am hoping would I find it interesting that that group The average award is in excess of happen. went with me and we have said, now, $70,000 and they risk nothing. So why So if you want to spend your money, look, no one from Utah really wants go out and get you to give them money put it somewhere where it does some this. They said, oh, go back to the time to plant a tree, to pick up the garbage, good. Put it somewhere where we can that Congressman OWENS was here; he to be aware of these things, to take have access to the public ground, and wanted it and he introduced it. good care of the environment, when while we have access to the public

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.097 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2017 ground, let us each one of us take good keeping power, keeping power and in- with, and could go to protecting the care of it. fluence. I think that the Federal poli- environment. When I met with Chief I took my children, we went to the cies become secondary to that. Dombeck a couple of years ago and very top of the Uenda mountains, It is proven by some of the foolish talked with him about some of the King’s Peak, highest peak in the notions that have come up in these last problems we were having in Idaho in Uendas. I have taught my children years, like roads moratoriums and the our natural forest, he said to me one of when we go in an area, and we find all Sierra Nevada framework, a nightmare the problems they have in the Forest kinds of things, we found 5 beer cans for the people in our Sierra Forest in Service is making a decision, because right on the top of this beautiful pris- California, and some issues where peo- they know that no matter what deci- tine area. Of course, we crushed them ple with good intentions and maybe sion they make, they are going to be and took them out. Our theory is, is fears that on the Earth we are becom- sued. clean up ours and somebody else’s, and ing too populated and that we have to Last year in this article from the take it out when we are backpacking. I reserve and guard these public lands at Sacramento Bee, during the 1990’s, the wish we would all do that. all costs, but are basically operating government paid out $31.6 million in I am happy to yield to the gentleman out of fear and not good common sense attorney’s fees for 434 environmental from California (Mr. RADANOVICH) the when it comes to management of pub- cases brought against Federal agencies. chairman of the Western Caucus and an lic lands. The average award per case was more extremely important member of the So I just am grateful that the gen- than $70,000. One long-running lawsuit Committee on Resources. tleman has pinpointed even the Sac- in Texas that involved an endangered Mr. RADANOVICH. I want to thank ramento Bee in California did a series salamander netted lawyers for the Si- the gentleman for putting together of articles on the environmental com- erra Club and other plaintiffs more this special order regarding this topic, munity and how they are such a than $3.5 in taxpayers’ funds, as the which I think is very important to the money-raising operation, whose sole chairman has already pointed out. American people. As we are speaking interest I think these days has become That is money that could be used for here with an audience of probably over to remain an influence, and secondarily other environmental purposes and ac- 1 million people tonight, I really want was the environmental policy that tually cleaning up the environment to kind of pose a question to the Amer- they promoted, that it has really has and taking care of the backlog in main- ican people. become out of control. tenance we have in our National For- We were dealing with an issue that is I think the American public needs to ests and in our National Parks. important to you and important to me take a second guess, because groups Again, it is taxpayer money. One of with regard to local influence over like the Sierra Club and NRDC do not the main arguments for the roadless Federal Government lands and the corner the market on good environ- issue was that the Forest Service did management plans of our National For- mental policy in this country. I think not have the money to maintain the ests and our Federal lands, and it was the American people need to realize roads that they currently had, and so if said by some critic about local influ- that. It needs to be balanced by some- they couldn’t maintain those, how ences that those people that are closest body who is there. could they justify building more roads, to the resources really do not speak in It is like an on-site landlord, rather so we might as well make them the interests of the American people on than somebody who is never on-site on roadless. If we are spending all that public lands, which are lands for the a piece of rental property. The one who money on lawsuits, then certainly we American people, and that somehow is on site knows what is going on, do not have the money to take care of the national organizations that send knows the detail, knows the property the roads. out contribution forms like which the better than anybody else. It is no dif- One of the things that was inter- gentleman just mentioned are some- ferent in our Federal lands with the Si- esting in this series of articles is that how speaking for them. erra Club and the NRDC and groups the effect of these things are actually In some ways I wanted to agree that like that depend on people that are damaging to the environment often- the local perspective on some of these miles and miles away and never see the times. Let me read a portion of these resources, and keep in mind the Quincy resource. So how do they know one way articles. Library Group, which is a group in or the other if they are being improp- Wildfire today is inflicting night- California of local people that work to- erly influenced by these groups or not? marish wounds, injuries made worse by gether with Federal forest lands to de- They do not know. They tend to a failure to heed scientific warnings. velop forest policies that are not only react on the pictures of Bambi on the For example, and there are three of good for the forests, but also good for TV or mailers that they get, and they them here that they list. In 1994, Wal- the local communities, and it was a give money. But these people need to lace Covington, a Professor of Forest better plan than by far any Washington know those groups are not necessarily Ecology at Northern Arizona Univer- bureaucrat could put together. promoting the best environmental pol- sity and a nationally recognized fire My concern was that while people icy for public lands. That is why I scientist and a colleague warned that might understand that a local person’s wanted to come down and kind of rein- the Kendrick Mountain wilderness area influence may not represent the best force it as to what you were saying, is in northern Arizona was so crowded interests in the American public for that people need to really be aware of with vegetation that it was ready to public lands, there is another side to these groups, and they need to learn to explode. ‘‘Delay will only perpetuate that too, and that is when you have ex- second guess them and do not take for fuel build-up and increase the potential treme sellouts like the list that you granted that what they are doing is for uncontrolled and destructive just mentioned of people that solicit, good environmental policy. wildfires,’’ they wrote in a scientific for any reason or another, money to I thank the gentleman for holding analysis for the Kaibab National For- keep their influence, it does not nec- this special order in order to bring up est. Some thinning was done, but not essarily mean that those groups have points like that, as well as many of the enough. Last year, a large fire swept the environment as the best interest in other points that you brought up. through the region carving an apoca- their minds and in their hearts, and Mr. HANSEN. I thank the gentleman lyptic trail of destruction. that they pursue public policy that is from California. What happened is much worse eco- good for the American people and good I yield to the gentleman from Idaho. logically than a clear cut, much worse, for America’s public lands and environ- Mr. SIMPSON. I thank the chairman, Covington said, and that fire is in the ment, because it is not. and I thank the gentleman from Cali- future. It is happening again and again. What it really boils down to is power fornia for his comments. I agree with We are going to have skeletal land- and influence and keeping that. I think him fully. scapes. you have done that in an excellent way The chairman made a good point The other example, listening to fire in demonstrating tonight it is not nec- that, unfortunately, this money that is and forest scientists, Martha Ketelle essarily about good environmental pol- spent on litigation is money that could pleaded in 1996 for permission to log icy for Federal lands; it is about power, go, it is taxpayers’ money to start and thin an incendiary mass of storm-

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.099 pfrm02 PsN: H08PT1 H2018 CONGRESSIONAL RECORD — HOUSE May 8, 2001 killed timber in California’s Trinity question, why is it that you resist man- Mr. RADANOVICH. I know, and I Alps. ‘‘This is a true emergency of vast aging the public ground? Why is it that love my State and it is the best State magnitude,’’ Ketelle, then supervisor of you resist the idea that we can go in in the world, and do not mess with the Six Rivers National Forest, wrote and do some cleaning, thinning, pre- California. to her boss in San Francisco. ‘‘It is not scribe fires and take care of it and keep But what I am saying is that we have a matter of if a fire will occur, but how a wholesome forest, like many of the really seen the overinfluence of envi- extensive the damage will be when the private organizations have? ronmental zealotism in California and fire does occur.’’ We now have, as the gentleman from we are viewing that in our energy pol- Because of an environmental appeal, Idaho said, fuel load. What is that? It is icy. We have had the worst problem the project bogged down. Then, in 1999, dead trees, it is dead fall, it is brush. with the nimby attitude on the devel- a fire found its way into the area. It So now you have the potential of this opment of energy generation resources spewed smoke for hundreds of miles, summer, as last summer, is a careless in California, but it has all been backed incinerated Spotted Owl habitat and smoker, a fire caused by a campfire by our top environmental groups who triggered soil erosion and key damage that is left unattended, or a lightning have really wanted not the population in a key salmon spawning watershed. strike, which is one of the bigger ones, of California to grow, so they basically These stories are something I hear and here we go again, we are going to forced officials to stick their heads in about daily as I go back to Idaho from burn the forest. the sand and pretend it was not hap- my resource advisory group and my ag This person from this organization pening until we have an energy crisis advisory groups and I talk to them. We answered me and said, because it is not like now and an upcoming water short- did more damage last year in Idaho nature’s way. Nature’s way is just let age. with the Nation’s largest wildfires. We it do its thing. Unfortunately, California is going to did more damage to the environment, I do not know if I bought into that. get to the point where they turn the to salmon habitat, to spawning habi- You get down to the idea of 1905 we faucet, they get no water; they flip the tat, than was done by any logging prac- started the Forest Service, and if you switch, they get no electricity because tices that ever have been done. And read the charter of the Forest Service, of the environmental influence on pub- today as the snow melts and the rains it is to maintain and take care of the lic policy in the State of California, come, hopefully the rains come, that forests of America. And that means and it is not just in California, it is erosion is going to filter down into cleaning it, thinning it, fighting fires, happening all over the world. those streams and it is going to cover instead of getting ourselves in what we This summer, we are going to have to had in the year 2000, the heaviest fire the beds, and consequently you are face the fact of we either force a tem- year in record. And I dare say, and I going to have a difficult time with porary relaxation of air quality stand- am no prophet, but I think the fuel managing salmon habitat. ards or we are going to have rolling So, oftentimes these efforts to ad- load is still there after these 8 years of blackouts and people are going to be dress these environmental concerns, mismanagement we have had, and we dead, and those are the choices that we now have 2001 waiting for another one, the potential for catastrophic wildfire, are facing in California. People are because talk to your local forester and today the Forest Service says some- going to face that choice all over the the people, Mr. Speaker, those who are thing like 35 million acres of our Na- country because of the undue influence watching this should talk to their dis- tional Forests are at risk of cata- of the environmental community in trict rangers, talk to them and ask the strophic wildfires. These are not just this country right now. question have we still got that fuel fires, but these are cataclysmic fires Mr. HANSEN. Mr. Speaker, we are load? The answer is a resounding yes. that burn everything, they burn so hot. going to see it this summer, if I may Here we go again. We are going to They burn the micro-organisms, they say to the gentleman from California. spend taxpayers’ money all over the sterilize the soil down to as much as 18 This summer is going to be the biggest place, because we have not done what inches, and for years and years those wakeup call that America has had for a they said in 1905 we should have done, forests never recover, if they ever do long time. We have had 8 years of ne- and that is manage the forest. recover. This new administration luckily has glect on these things which is now We still have spots in Idaho from the a man of the stature of Dale Bosworth, going to catch up with us. We are asking, what does it mean to 1910 fire that nothing will grow on. We now the chief; and I am sure we will see be a good environmentalist? Does it do more damage to the environment by some management. not proactively managing it. Of course, I have to ask the question. Does it mean to deny access to the public every time you try to do that, there is mean to be a good environmentalist if grounds of America for Americans? I an environmental lawsuit from some- we let the forest burn to the ground? think not. Does it mean that we pro- one. Does that mean being a good environ- tect the Housefly over children? I do Now, they say, well, maybe we can do mentalist? If that is so, I hope there not think so. In southern Utah we have thinning if it is not for commercial are not too many of them out there. a desert tortoise and we have spent purposes, as if commercial or business Does it mean the idea that we drain $33,000 per turtle and we cannot really or profit adds some damage to the envi- some of our water resources, like Lake say that it is endangered. Do you want ronment that thinning just to thin Powell that services the whole south- to know what our per pupil unit is to does not do. Of course, there are the Si- west part of America, and that is the pay for our kids every year down erra Club groups that want no cut. way we live because we have got water, there? Mr. Speaker, $3,600. So I guess The fact is we have to proactively does that mean being a good one? Yet the turtle is more important in some manage these forces, and we can do one of the biggest organizations around people’s mind. that. It was managed by fire before. in their book, the Sierra Club, had a So it comes down to this: can Ameri- Now we have to get in and do some whole four or five pages on let a river cans, who are great and wonderful and management so that we do not have run through it and drain Lake Powell. good-thinking people, can we come to these catastrophic fires. Unfortu- Does the gentleman want to com- some common sense on this, or have we nately, at every step of the way, we are ment on that? become way too extreme in this issue? fought by groups who think that man I think tonight we have tried to make should not touch the forest, that they b 2145 that case that we feel we have. should be left as natural as they ever Mr. RADANOVICH. Mr. Speaker, I I yield the gentleman from Idaho. were before we came. do, and I want to comment on one spe- Mr. SIMPSON. Mr. Speaker, I think Mr. HANSEN. I thank the gentleman. cific thing, because I think I have an the point has been made that unfortu- Mr. Speaker, let me just say a word unusual perspective on being from nately, the environmental movement about what the gentleman from Idaho California, I say to the gentleman, and has become far too extreme. That does just talked about. We were having a that is because we are going through not mean that there are not good envi- hearing not too long ago and, lo and the California energy crisis. ronmentalists out there. There are behold, one of the big clubs was there, Mr. HANSEN. Mr. Speaker, I have to many housewives and husbands across and I asked this vice president the be careful there to the gentleman. the Nation that want to take care of

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.101 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2019 our land and our country, I being one levels for each of fiscal years 2003 final rule—Opting Out of Segregation (RIN: of those, and I am sure the gentleman through 2011, which was referred to the 3038–AB67) received April 30, 2001, pursuant from Utah and the gentleman from House Calendar and ordered to be to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. California also. But as I was saying printed. 1757. A letter from the Acting Executive earlier, many of these things do not f Director, Commodity Futures Trading Com- really address the environment, they mission, transmitting the Commission’s hurt it more than they address it. They LEAVE OF ABSENCE final rule—Privacy of Consumer Financial are trying to use environmental issues By unanimous consent, leave of ab- Information (RIN: 3038–AB68) received April for other means, and I will tell my col- sence was granted to: 27, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Services. leagues an example in Idaho. Mrs. JONES of Ohio (at the request of We have a sage grouse problem, de- 1758. A letter from the Director, Regula- Mr. GEPHARDT) for today on account of tions Policy and Management Staff, FDA, clining sage grouse populations, and we official business in the district. Department of Health and Human Services, are trying to find out why and what we Mr. STUMP (at the request of Mr. transmitting the Department’s final rule— can do to control it. The Fish and Wild- ARMEY) for today and May 9 and 10 on Additional Safeguards for Children in Clin- life Service and the Idaho Fish and account of being honored on the 50th ical Investigations of FDA-Regulated Prod- Game have been studying this for 20 anniversary of his graduation from Ari- ucts [Docket No. 00N–0074] (RIN: 0910–AC07) years, and they decided that predators zona State University. received April 30, 2001, pursuant to 5 U.S.C. are a main problem with sage grouse 801(a)(1)(A); to the Committee on Energy and Mr. TAYLOR of North Carolina (at the Commerce. populations. They eat the young request of Mr. ARMEY) for today on ac- 1759. A letter from the Deputy Associate chicks. So they proposed a study to count of flight delays. Administrator, Environmental Protection take 2 areas, one where they do some f Agency, transmitting the Agency’s final predator control this year and the rule—Hazardous Waste Management System; other one where they did not do any SPECIAL ORDERS GRANTED Identification and Listing of Hazardous predator control and examined the 2 of Waste; Final Exclusion [FRL–6968–6] received By unanimous consent, permission to April 27, 2001, pursuant to 5 U.S.C. them and watch the sage grouse popu- address the House, following the legis- lations. But 2 environmental groups 801(a)(1)(A); to the Committee on Energy and lative program and any special orders Commerce. have sued them to stop the study be- heretofore entered, was granted to: 1760. A letter from the Deputy Associate cause they want to protect the sage (The following Members (at the re- Administrator, Environmental Protection grouse, they say, but their real goal is, quest of Mr. MATHESON) to revise and Agency, transmitting the Agency’s final their argument is to get cattle off of extend their remarks and include ex- rule—Approval and Promulgation of Air Quality Implementation Plans; District of this land. And if it is shown that sage traneous material:) grouse can be protected by removing Columbia; Oxygenated Gasoline Program Mr. HINCHEY, for 5 minutes, today. [DC049–2026a; FRL–6973–7] received April 27, some of the predators, the argument Ms. NORTON, for 5 minutes, today. for removing cattle goes away. So they 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. HINOJOSA, for 5 minutes, today. Committee on Energy and Commerce. do not want this study done. Mr. DAVIS of Illinois, for 5 minutes, 1761. A letter from the Deputy Associate So is it truly their aim to try to save today. Administrator, Environmental Protection the sage grouse, or is it their true aim Agency, transmitting the Agency’s final Mr. RUSH, for 5 minutes, today. to try to get cattle off of public land, rule—Approval and Promulgation of Air Mr. PALLONE, for 5 minutes, today. Quality Implementation Plans; Common- regardless of what cattle does to the (The following Members (at the re- sage grouse? wealth of Pennsylvania; Reasonably Avail- quest of Mr. GOODLATTE) to revise and When I want to look at a true con- able Control Technology Requirements for extend their remarks and include ex- servationist, an original conserva- Volatile Organic Compounds and Nitrogen traneous material:) Oxides [PA143–4115a; FRL–6973–4] received tionist, I look at the farmers and Mr. WALDEN of Oregon, for 5 minutes, April 27, 2001, pursuant to 5 U.S.C. ranchers of this country, because it is today. 801(a)(1)(A); to the Committee on Energy and the land that produces the crop that Commerce. Mr. BURTON of Indiana, for 5 minutes, produces the grass that the cows eat, 1762. A letter from the Deputy Associate today and May 9 and 10. that is what they do for living and they Administrator, Environmental Protection Mr. ROHRABACHER, for 5 minutes, take care of it; overwhelming majori- Agency, transmitting the Agency’s final today. ties of them take care of it. So when I rule—Approval and Promulgation of State Mrs. EMERSON, for 5 minutes, May 9. Plans for Designated Facilities and Pollut- want some true conservation issues, I Mr. HUNTER, for 5 minutes, today. ants: South Carolina [SC–038–200102(a); FRL– generally talk to my farmers and Mr. GOODLATTE, for 5 minutes, today. 6973–9] received April 27, 2001, pursuant to 5 ranchers. Mr. ENGLISH, for 5 minutes, May 10. U.S.C. 801(a)(1)(A); to the Committee on En- I yield back to the gentleman. (The following Member (at his own ergy and Commerce. Mr. HANSEN. Mr. Speaker, I thank 1763. A letter from the Deputy Associate my colleagues for joining me this request) to revise and extend his re- Administrator, Environmental Protection evening. marks and include extraneous mate- Agency, transmitting the Agency’s final rial:) rule—Approval and Promulgation of Air f Mr. GREEN of Texas, for 5 minutes, Quality State Implementation Plans (SIP); REPORT ON RESOLUTION WAIVING today. Texas: Control of Gasoline Volatility [TX– 114–2–7494; FRL–6969–4] received April 23, POINTS OF ORDER AGAINST CON- f FERENCE REPORT ON H. CON. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the ADJOURNMENT Committee on Energy and Commerce. RES 83, CONCURRENT RESOLU- 1764. A letter from the Senior Legal Advi- TION ON BUDGET FOR FISCAL Mr. SIMPSON. Mr. Speaker, I move sor, Wireless Telecommunications Bureau, YEAR 2002 that the House do now adjourn. Federal Communications Commission, trans- Mr. GOSS, from the Committee on The motion was agreed to; accord- mitting the Commission’s final rule—Memo- Rules (during special order of the gen- ingly (at 9 o’clock and 50 minutes randum Opinion and Order addressing pend- p.m.), the House adjourned until to- ing petitions for reconsideration of the Re- tleman from Utah (Mr. HANSEN), sub- port and Order [WT Docket No. 98–143] re- mitted a privileged report (Rept. No. morrow, May 9, 2001, at 10 a.m. ceived April 27, 2001, pursuant to 5 U.S.C. 107–61) on the resolution (H. Res. 136) f 801(a)(1)(A); to the Committee on Energy and waiving points of order against the Commerce. conference report to accompany the EXECUTIVE COMMUNICATIONS, 1765. A letter from the Senior Legal Advi- concurrent resolution (H. Con. Res. 83) ETC. sor, Wireless Telecommunications Bureau, establishing the congressional budget Under clause 8 of rule XII, executive Federal Communications Commission, trans- for the United States Government for mitting the Commission’s final rule—Com- communications were taken from the munications Assistance for Law Enforce- fiscal year 2002, revising the congres- Speaker’s table and referred as follows: ment Act [CC Docket No. 97–213] received sional budget for the United States 1756. A letter from the Acting Executive April 27, 2001, pursuant to 5 U.S.C. Government for fiscal year 2001, and Director, Commodity Futures Trading Com- 801(a)(1)(A); to the Committee on Energy and setting forth appropriate budgetary mission, transmitting the Commission’s Commerce.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.103 pfrm02 PsN: H08PT1 H2020 CONGRESSIONAL RECORD — HOUSE May 8, 2001 1766. A letter from the Acting Assistant 1776. A letter from the Acting Assistant ment 39–12143; AD 99–18–18 R1] (RIN: 2120– Secretary for Legislative Affairs, Depart- Secretary for Legislative Affairs, Depart- AA64) received April 12, 2001, pursuant to 5 ment of State, transmitting certification of ment of State, transmitting the Depart- U.S.C. 801(a)(1)(A); to the Committee on a proposed license for the export of defense ment’s final rule—Visas: Documentation of Transportation and Infrastructure. articles or defense services sold commer- Immigrants and Nonimmigrants—Visa Clas- 1786. A letter from the Program Analyst, cially under a contract to the United King- sification Symbols—received April 18, 2001, FAA, Department of Transportation, trans- dom [Transmittal No. DTC 039–01], pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Air- to 22 U.S.C. 2776(c); to the Committee on mittee on the Judiciary. worthiness Directives; SOCATA—Groupe International Relations. 1777. A letter from the Secretary, Federal AEROSPATIALE Model TBM 700 Airplanes 1767. A letter from the Acting Assistant Trade Commission, transmitting the Com- [Docket No. 2000–CE–70–AD; Amendment 39– Secretary for Legislative Affairs, Depart- mission’s final rule—Premerger Notification; 12152; AD 200106–05] (RIN: 2120–AA64) received ment of State, transmitting certification of Antitrust Improvements Act Notification April 12, 2001, pursuant to 5 U.S.C. a proposed license for the export of defense and Report Form—received April 26, 2001, 801(a)(1)(A); to the Committee on Transpor- articles or defense services sold commer- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. cially under a contract to Spain [Trans- mittee on the Judiciary. 1787. A letter from the Program Analyst, mittal No. DTC 012–01], pursuant to 22 U.S.C. 1778. A letter from the Program Analyst, FAA, Department of Transportation, trans- 2776(c); to the Committee on International FAA, Department of Transportation, transmitting the Department’s final rule—Air- Relations. mitting the Department’s final rule—Air- worthiness Directives; SOCATA—Groupe 1768. A letter from the Deputy Associate worthiness Directives; Boeing Model 767 Se- AEROSPATIALE Model TBM 700 Airplanes Administrator, Office of Acquisition Policy, ries Airplanes Powered by General Electric [Docket No. 2000–CE–70–AD; Amendment 39– GSA, Department of Defense, transmitting Engines [Docket No. 99–NM–127–AD; Amend- 12152; AD 200106–05] (RIN: 2120–AA64) received the Department’s final rule—Federal Acqui- ment 39–12159; AD 2001–06–12] (RIN: 2120– April 12, 2001, pursuant to 5 U.S.C. sition Regulation; Contractor Responsi- AA64) received April 12, 2001, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- bility, Labor Relations Costs, and Costs Re- U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. lating to Legal and Other Proceedings (RIN: Transportation and Infrastructure. 1788. A letter from the Chief, Regulations 9000–AI40) received April 12, 2001, pursuant to 1779. A letter from the Program Analyst, Division, Bureau of Alcohol, Tobacco and 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- Firearms, Department of the Treasury, Government Reform. mitting the Department’s final rule—IFR Al- transmitting the Department’s final rule— 1769. A letter from the Assistant Secretary titudes; Miscellaneous Amendments [Docket Red Mountain Viticultural Area (99R–367P) for Budget and Programs, Department of No. 30242; Amdt. No. 428] received April 20, [T.D. ATF–448; Re: Notice No. 897] (RIN: 1512– Transportation, transmitting copies of the 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the AA07) received April 30, 2001, pursuant to 5 inventories of commercial positions in the Committee on Transportation and Infra- U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation; to the Com- structure. Ways and Means. 1780. A letter from the Program Analyst, mittee on Government Reform. 1789. A letter from the Administrator, Of- 1770. A letter from the General Counsel, FAA, Department of Transportation, trans- fice of Workforce Development, Department Federal Retirement Thrift Investment mitting the Department’s final rule—Air- of Labor, transmitting the Department’s Board, transmitting the Board’s final rule— worthiness Directives; Boeing Model 737–600, final rule—Treatment of Indian Tribes under Participants’ Choices of Investment Funds— –700, –700C, and –800 Series Airplanes [Docket Federal Unemployment Compensation Law— received April 30, 2001, pursuant to 5 U.S.C. No. 99–NM–312–AD; Amendment 39–12162; AD Amendments made by the Consolidated Ap- 801(a)(1)(A); to the Committee on Govern- 2001–06–15] (RIN: 2120–AA64) received April 12, propriations Act, 2001—received April 17, ment Reform. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1771. A letter from the General Counsel, Committee on Transportation and Infra- Committee on Ways and Means. Federal Retirement Thrift Investment structure. Board, transmitting the Board’s final rule— 1781. A letter from the Program Analyst, 1790. A letter from the Chief, Regulations Employee Elections to Contribute to the FAA, Department of Transportation, trans- Unit, Internal Revenue Service, transmitting Thrift Savings Plan—received April 30, 2001, mitting the Department’s final rule—Stand- the Service’s final rule—Examination of re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ard Instrument Approach Procedures; Mis- turns and claims for refund, credit, or abate- mittee on Government Reform. cellaneous Amendments [Docket No. 30241; ment; determination of correct tax liability 1772. A letter from the Chief, Division of Amdt. No. 2045] received April 20, 2001, pursu- [Rev. Proc. 2001–27] received April 23, 2001, Scientific Authority, Fish and Wildlife Serv- ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ice, Department of the Interior, transmitting on Transportation and Infrastructure. mittee on Ways and Means. the Department’s final rule—Changes in List 1782. A letter from the Program Analyst, 1791. A letter from the Chief, Regulations of Species in Appendices to the Convention FAA, Department of Transportation, trans- Unit, Internal Revenue Service, transmitting on International Trade in Endangered Spe- mitting the Department’s final rule—Stand- the Service’s final rule—Appeals Coordinated cies of Wild Fauna and Flora (RIN: 1018– ard Instrument Approach Procedures; Mis- Issue Settlement Guideline Excise Tax Spe- AH63) received April 20, 2001, pursuant to 5 cellaneous Amendments [Docket No. 30240; cialty Area; Excise Tax On Virtual Private U.S.C. 801(a)(1)(A); to the Committee on Re- Amdt. No. 2044] received April 20, 2001, pursu- Networks—received April 23, 2001, pursuant sources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee to 5 U.S.C. 801(a)(1)(A); to the Committee on 1773. A letter from the Acting Director, on Transportation and Infrastructure. Ways and Means. Fish and Wildlife Service, Department of the 1783. A letter from the Program Analyst, 1792. A letter from the Chief, Regulations Interior, transmitting the Department’s FAA, Department of Transportation, trans- Unit, Internal Revenue Service, transmitting final rule—Endangered and Threatened Wild- mitting the Department’s final rule—Air- the Service’s final rule—Administrative, life and Plants; Final Determination of Crit- worthiness Directives; The New Piper Air- Procedural, Miscellaneous [Rev. Proc. 2001– ical Habitat for the Bay Checkerspot But- craft, Inc. Models PA–31, PA–31–300, PA–31– 30] received April 23, 2001, pursuant to 5 terfly (RIN: 1018–AH61) received April 23, 325, PA–31–350, PA–31P, PA–31T, PA–31T1, U.S.C. 801(a)(1)(A); to the Committee on 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the PA–31T2, PA–31T3, and PA–31P–350 Airplanes Ways and Means. Committee on Resources. [Docket No. 99–CE–29–AD; Amendment 39– 1793. A letter from the Chairman and Chief 1774. A letter from the Deputy Assistant 12148; AD 2001–06–01] (RIN: 2120–AA64) re- Executive Officer, Farm Credit Administra- Secretary, Bureau of Indian Affairs, Depart- ceived April 12, 2001, pursuant to 5 U.S.C. tion, transmitting a report on the proposed ment of the Interior, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- fiscal year 2002 budget; jointly to the Com- partment’s final rule —Use and Distribution tation and Infrastructure. mittees on Agriculture and Government Re- of the San Carlos Apache Tribe Development 1784. A letter from the Program Analyst, form. Trust Fund and San Carlos Apache Tribe FAA, Department of Transportation, trans- 1794. A letter from the Secretary, Depart- Lease Fund (RIN: 1076–AE10) received April mitting the Department’s final rule—Air- ment of Energy, transmitting the Depart- 23, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to worthiness Directives; Empresa Brasileira de ment’s Annual Report to Congress on activi- the Committee on Resources. Aeronautica, S.A. (EMBRAER), Model EMB– ties of the Department of Energy in response 1775. A letter from the Deputy Assistant 120 Series Airplanes [Docket No. 2001–NM–36– to recommendations and other interactions Administrator for Fisheries, NMFS, Depart- AD; Amendment 39–12165; AD 2001–06–18] with the Defense Nuclear Facilities Safety ment of Commerce, transmitting the Depart- (RIN: 2120–AA64) received April 12, 2001, pur- Board, pursuant to 42 U.S.C. 2286e(b); jointly ment’s final rule—Fisheries of the Carib- suant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committees on Energy and Commerce bean, Gulf of Mexico, and South Atlantic; mittee on Transportation and Infrastruc- and Armed Services. Coastal Migratory Pelagic Resources of the ture. 1795. A letter from the Inspector General, Gulf of Mexico and South Atlantic; 2000–2001 1785. A letter from the Program Analyst, Railroad Retirement Board, transmitting Catch Specifications for Gulf Group King FAA, Department of Transportation, trans- the Board’s budget justification for the Of- Mackerel [Docket No. 001005281–0369–02; I.D. mitting the Department’s final rule—Air- fice of Inspector General for fiscal year 2002; 082900C] (RIN: 0648–AN85) received April 18, worthiness Directives; Dowty Aerospace Pro- jointly to the Committees on Appropria- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the pellers Model R381/6–123–F/5 Propellers, Cor- tions, Transportation and Infrastructure, Committee on Resources. rection [Docket No. 99–NE–43–AD; Amend- and Ways and Means.

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\L08MY7.000 pfrm02 PsN: H08PT1 May 8, 2001 CONGRESSIONAL RECORD — HOUSE H2021 REPORTS OF COMMITTEES ON by all Federal departments and agencies and By Mr. HOUGHTON (for himself, Mr. PUBLIC BILLS AND RESOLUTIONS by State governments; to the Committee on RANGEL, Mr. SWEENEY, Mr. EHRLICH, Veterans’ Affairs. Mr. SAM JOHNSON of Texas, Mr. Under clause 2 of rule XIII, reports of By Mrs. KELLY: OXLEY, and Mr. MCHUGH): committees were delivered to the Clerk H.R. 1747. A bill to amend title 18, United H.R. 1754. A bill to amend the Internal Rev- for printing and reference to the proper States Code, to prohibit taking a child hos- enue Code of 1986 to provide that ancestors calendar, as follows: tage in order to evade arrest; to the Com- and lineal descendants of past or present mittee on the Judiciary. members of the Armed Forces shall be taken Mr. GOSS: Committee on Rules. House By Mr. CANTOR (for himself, Mr. into account in determining whether a vet- Resolution 134. Resolution providing for re- WOLF, Mrs. JO ANN DAVIS of Virginia, erans’ organization is exempt from tax; to committal of the conference report to ac- Mr. TOM DAVIS of Virginia, Mr. the Committee on Ways and Means. company the concurrent resolution (H. Con. GOODE, Mr. MORAN of Virginia, Mr. By Mrs. JOHNSON of Connecticut (for Res. 83) establishing the congressional budg- SCHROCK, Mr. BOUCHER, Mr. SCOTT, herself and Mr. NEAL of Massachu- et for the United States Government for fis- and Mr. GOODLATTE): setts): cal year 2002, revising the congressional H.R. 1748. A bill to designate the facility of H.R. 1755. A bill to amend the Internal Rev- budget for the United States Government for the United States Postal Service located at enue Code of 1986 to prevent the use of rein- fiscal year 2001, and setting forth appropriate 805 Glen Burnie Road in Richmond, Virginia, surance with foreign persons to enable do- budgetary levels for each of fiscal years 2003 as the ‘‘Tom Bliley Post Office Building’’; to mestic nonlife insurance companies to evade through 2011. (Rept. 107–58). Referred to the the Committee on Government Reform. United States income taxation; to the Com- House Calendar. By Mrs. JO ANN DAVIS of Virginia mittee on Ways and Means. Mr. HASTINGS of Washington: Committee (for herself, Mr. SCHROCK, Mr. SCOTT, By Mr. SAM JOHNSON of Texas: on Rules. House Resolution 135. Resolution Mr. GOODE, Mr. GOODLATTE, Mr. CAN- H.R. 1756. A bill to amend section 313 of the providing for consideration of the bill (H.R. TOR, Mr. MORAN of Virginia, Mr. BOU- Tariff Act of 1930 to make certain products 581) to authorize the Secretary of the Inte- CHER, Mr. WOLF, and Mr. TOM DAVIS eligible for drawback and to simplify and rior and the Secretary of Agriculture to use of Virginia): clarify certain drawback provisions; to the funds appropriated for wildland fire manage- H.R. 1749. A bill to designate the facility of Committee on Ways and Means. ment in the Department of the Interior and the United States Postal Service located at By Mr. SAM JOHNSON of Texas: Related Agencies Appropriations Act, 2001, 685 Turnberry Road in Newport News, Vir- H.R. 1757. A bill to amend section 313 of the to reimburse the United States Fish and ginia, as the ‘‘Herbert H. Bateman Post Of- Tariff Act of 1930 to make certain products Wildlife Service and the National Marine fice Building’’; to the Committee on Govern- eligible for drawback; to the Committee on Fisheries Service to facilitate the inter- ment Reform. Ways and Means. agency cooperation required under the En- By Mr. DINGELL (for himself, Mr. By Mr. LAFALCE: dangered Species Act of 1973 in connection DOYLE, Ms. JACKSON-LEE of Texas, H.R. 1758. A bill to amend title XVIII of the with wildland fire management (Rept. 107– Mr. BONIOR, Mr. FRANK, Mr. COYNE, Social Security Act to provide for coverage 59). Referred to the House Calendar. Mr. ENGEL, Mr. KUCINICH, Mr. BOU- under part B of the Medicare Program of cer- Mr. NUSSLE: Committee of Conference. CHER, Mrs. CHRISTENSEN, Mr. tain beta interferons and other biologicals Conference report on House Concurrent Res- ETHERIDGE, Ms. KILPATRICK, Mr. and drugs approved by the Food and Drug Administration for treatment of mulitple olution 83. Resolution establishing the con- BROWN of Ohio, Ms. DELAURO, Mrs. sclerosis; to the Committee on Energy and gressional budget for the United States Gov- MINK of Hawaii, Mr. CLEMENT, Mr. Commerce, and in addition to the Committee ernment for fiscal year 2002, revising the JOHN, Ms. RIVERS, Mr. ALLEN, Mr. on Ways and Means, for a period to be subse- congressional budget for the United States LEVIN, Mr. GORDON, Mr. BALDACCI, Mr. ACEVEDO-VILA, Mr. LEWIS of quently determined by the Speaker, in each Government for fiscal year 2001, and setting case for consideration of such provisions as forth appropriate budgetary levels for each Georgia, Mr. HOLDEN, Mr. MATSUI, Mr. HINOJOSA, Mr. JEFFERSON, Ms. fall within the jurisdiction of the committee of fiscal years 2003 through 2011 (Rept. 107–60) concerned. Ordered to be printed. SOLIS, and Mr. KILDEE): By Mr. MCDERMOTT (for himself and Mr. GOSS: Committee on Rules. House H.R. 1750. A bill to amend the Federal Ms. DUNN): Resolution 136. Resolution waiving points of Water Pollution Control Act to authorize funding for the State water pollution control H.R. 1759. A bill to amend title XVIII of the order against the conference report to ac- Social Security Act to provide for payment company the concurrent resolution (H. Con. revolving fund program for fiscal year 2002 through 2006; to the Committee on Transpor- under the Medicare Program for more fre- Res. 83) establishing the congressional budg- tation and Infrastructure. quent hemodialysis treatments; to the Com- et for the United States Government for fis- By Mr. DINGELL (for himself, Mr. mittee on Energy and Commerce, and in ad- cal year 2002, revising the congressional DOYLE, Ms. JACKSON-LEE of Texas, dition to the Committee on Ways and Means, budget for the United States Government for Mr. BONIOR, Mr. FRANK, Mr. COYNE, for a period to be subsequently determined fiscal year 2001, and setting forth appropriate Mr. ENGEL, Mr. KUCINICH, Mr. BOU- by the Speaker, in each case for consider- budgetary levels for each of fiscal years 2003 CHER, Mrs. CHRISTENSEN, Mr. ation of such provisions as fall within the ju- through 2011 (Rept. 107–61). Referred to the ETHERIDGE, Ms. KILPATRICK, Mr. risdiction of the committee concerned. House Calendar. BROWN of Ohio, Ms. DELAURO, Mrs. By Mr. MENENDEZ (for himself, Mr. f MINK of Hawaii, Mr. CLEMENT, Mr. TOM DAVIS of Virginia, Mr. LANTOS, Mr. MCDERMOTT, Mr. PAYNE, Mr. PUBLIC BILLS AND RESOLUTIONS JOHN, Ms. RIVERS, Mr. ALLEN, Mr. LEVIN, Mr. GORDON, Mr. BALDACCI, MORAN of Virginia, Mr. WEXLER, Ms. Under clause 2 of rule XII, public Mr. ACEVEDO-VILA, Mr. LEWIS of SOLIS, Mr. ACKERMAN, Mr. FOLEY, Mr. bills and resolutions were introduced Georgia, Mr. HOLDEN, Mr. MATSUI, SHAW, Mr. HONDA, Mr. GUTIERREZ, Mr. ORTIZ, Mr. BECERRA, Mr. PASTOR, and severally referred, as follows: Mr. HINOJOSA, Mr. JEFFERSON, Ms. Mr. SERRANO, Ms. VELAZQUEZ, Mr. By Mr. GILMAN: SOLIS, and Mr. KILDEE): H.R. 1751. A bill to amend the Federal RODRIGUEZ, Mr. REYES, Mrs. H.R. 1745. A bill to provide that all Amer- Water Pollution Control Act to authorize ap- NAPOLITANO, Mr. HINOJOSA, Mr. ican citizens living abroad shall (for pur- propriations for fiscal years 2002 through 2006 UNDERWOOD, Mr. GONZALEZ, Ms. ROY- poses of the apportionment of Representa- for the municipal construction grant pro- BAL-ALLARD, Mr. BACA, Mr. tives in Congress among the several States gram, and for other purposes; to the Com- DELAHUNT, Mr. FILNER, Mr. BERMAN, and for other purposes) be included in future mittee on Transportation and Infrastruc- Mr. CROWLEY, Mr. CAPUANO, Mrs. decennial censuses of population, and for ture. MORELLA, Mr. KUCINICH, and Ms. other purposes; to the Committee on Govern- By Mr. FOLEY: PELOSI): ment Reform, and in addition to the Com- H.R. 1752. A bill to amend the Internal Rev- H.R. 1760. A bill to authorize emergency mittee on the Judiciary, for a period to be enue Code of 1986 to modify the at-risk rules disaster assistance for recovery from the subsequently determined by the Speaker, in for publicly traded nonrecourse debt; to the earthquakes of January and February 2001 in each case for consideration of such provi- Committee on Ways and Means. the Republic of India and the Republic of El sions as fall within the jurisdiction of the By Mr. GOODLATTE (for himself, Mrs. Salvador, and for other purposes; to the committee concerned. JO ANN DAVIS of Virginia, Mr. Committee on International Relations. By Mr. BAKER (for himself, Mr. SIM- SCHROCK, Mr. SCOTT, Mr. GOODE, Mr. By Mr. MORAN of Virginia (for him- MONS, and Mr. SMITH of New Jersey): CANTOR, Mr. MORAN of Virginia, Mr. self, Mrs. JO ANN DAVIS of Virginia, H.R. 1746. A bill to amend title 38, United BOUCHER, Mr. WOLF, and Mr. TOM Mr. SCHROCK, Mr. SCOTT, Mr. GOODE, States Code, to require that the Secretary of DAVIS of Virginia): Mr. GOODLATTE, Mr. CANTOR, Mr. Veterans Affairs establish a single ‘‘1–800’’ H.R. 1753. A bill to designate the facility of BOUCHER, Mr. WOLF, and Mr. TOM telephone number for access by the public to the United States Postal Service located at DAVIS of Virginia): veterans benefits counselors of the Depart- 419 Rutherford Avenue, N.E., in Roanoke, H.R. 1761. A bill to designate the facility of ment of Veterans Affairs and to ensure that Virginia, as the ‘‘M. Caldwell Butler Post Of- the United States Postal Service located at such counselors have available to them in- fice Building’’; to the Committee on Govern- 8588 Richmond Highway in Alexandria, Vir- formation about veterans benefits provided ment Reform. ginia, as the ‘‘Herb E. Harris Post Office

VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.065 pfrm02 PsN: H08PT1 H2022 CONGRESSIONAL RECORD — HOUSE May 8, 2001

Building’’; to the Committee on Government MINK of Hawaii, Ms. PELOSI, Mr. Ohio, Ms. BROWN of Florida, and Mr. Reform. BECERRA, Ms. BERKLEY, Ms. EDDIE FALEOMAVAEGA. By Mr. PAUL: BERNICE JOHNSON of Texas, Ms. H.R. 448: Mr. PAUL, and Mr. HOLT. H.R. 1762. A bill to restore the second ESHOO, Mr. FILNER, Mr. LANTOS, Ms. H.R. 458: Mrs. BIGGERT. amendment rights of all Americans; to the LEE, Ms. LOFGREN, Mrs. MORELLA, H.R. 510: Mr. DEFAZIO and Mr. MCINTYRE. Committee on the Judiciary. Mr. STARK, Ms. ROYBAL-ALLARD, Ms. H.R. 511: Mr. RODRIGUEZ. By Ms. SCHAKOWSKY: VELAZQUEZ, and Ms. JACKSON-LEE of H.R. 536: Ms. MILLENDER-MCDONALD, Mr. H.R. 1763. A bill to amend title XIX of the Texas): LATOURETTE, and Mr. LUTHER. Social Security Act to increase the personal H. Con. Res. 130. Concurrent resolution au- H.R. 537: Ms. MILLENDER-MCDONALD and needs allowance applied to institutionalized thorizing printing of the book entitled Mr. RUSH. individuals under the Medicaid Program; to ‘‘Asian and Pacific Islander Americans in H.R. 547: Ms. DELAURO. the Committee on Energy and Commerce. Congress’’; to the Committee on House Ad- H.R. 570: Mr. PASTOR, Mr. SCHIFF, Mr. FIL- By Mr. STRICKLAND (for himself, Mr. ministration. NER, and Mr. CAPUANO. ABERCROMBIE, Ms. BALDWIN, Mr. By Mr. SMITH of New Jersey (for him- H.R. 572: Mr. CALVERT, Mr. WATTS of Okla- BRADY of Pennsylvania, Mrs. CAPPS, self, Mr. HOYER, Mr. PITTS, Mr. homa, Mr. DEUTSCH, and Mr. LANGEVIN. Mr. CAPUANO, Mr. CONDIT, Mr. CARDIN, Mr. WAMP, and Mr. HASTINGS H.R. 580: Mr. MCGOVERN, Mr. RUSH, Ms. DELAHUNT, Mr. FRANK, Mr. GILMAN, of Florida): MILLENDER-MCDONALD, Mr. KILDEE, and Mr. Mr. HOEFFEL, Mr. HOLDEN, Mr. HORN, H. Res. 137. A resolution congratulating BENTSEN. Ms. JACKSON-LEE of Texas, Mr. KIL- the Kalmyk community of the United States H.R. 582: Mr. WAMP. DEE, Ms. KILPATRICK, Mr. KIND, Mr. on the 50th anniversary of their emigration H.R. 586: Mr. BEREUTER, Mr. MANZULLO, LAFALCE, Mr. LANTOS, Mr. MCNULTY, to the United States from displaced persons Mr. FOLEY, Mr. WALDEN of Oregon, and Mr. Mr. MCGOVERN, Mrs. MINK of Hawaii, camps in Germany after World War II; to the RYAN of Wisconsin. Mr. OLVER, Mr. OWENS, Mr. PAYNE, Committee on International Relations. H.R. 590: Ms. RIVERS and Mr. ABERCROMBIE. Ms. PELOSI, Mr. RUSH, Mr. STUPAK, H.R. 602: Mr. BECERRA and Mr. QUINN. f Mr. SWEENEY, Mr. TIERNEY, Mr. H.R. 606: Mr. CONDIT and Mr. MATSUI. EVANS, Mr. UDALL of New Mexico, PRIVATE BILLS AND H.R. 609: Mr. RODRIGUEZ. and Mr. BROWN of Ohio): RESOLUTIONS H.R. 611: Mr. POMEROY, Ms. BERKLEY, Mr. H.R. 1764. A bill to ensure that the incar- FARR of California, Mr. BLUMENAUER, Mr. ceration of inmates is not provided by pri- Under clause 3 of rule XII, LARSEN of Washington, and Mr. BEREUTER. vate contractors or vendors and that persons Mr. BONIOR introduced A bill (H.R. 1768) H.R. 612: Mr. ISRAEL and Mr. WEXLER. charged or convicted of an offense against for the relief of Thomas Patrick McEvoy; H.R. 622: Ms. MILLENDER-MCDONALD, Mr. the United States shall be housed in facili- which was referred to the Committee on the LAFALCE, Mr. POMEROY, Mr. PHELPS, and Mr. ties managed and maintained by Federal, Judiciary. RAMSTAD. H.R. 633: Mr. BONIOR and Ms. HOOLEY of Or- State, or local governments; to the Com- f mittee on the Judiciary. egon. By Mr. UPTON (for himself, Mr. ADDITIONAL SPONSORS H.R. 635: Mr. MASCARA, Mr. HOEFFEL, Mr. STEARNS, Mr. FOSSELLA, Mr. TERRY, Under clause 7 of rule XII, sponsors GEKAS, Mr. PLATTS, Mr. WELDON of Pennsyl- vania, and Mr. GREENWOOD. Mr. SHIMKUS, Mr. GREEN of Texas, were added to public bills and resolu- Mr. SAWYER, Mr. GORDON, Mr. RUSH, H.R. 638: Mr. WATT of North Carolina. tions as follows: Mr. BOUCHER, Mr. EHRLICH, Mr. H.R. 654: Mr. OWENS. TOWNS, Mr. GILLMOR, and Mr. BILI- H.R. 17: Ms. CARSON of Indiana. H.R. 663: Mr. PRICE of North Carolina. RAKIS): H.R. 25: Mr. SHAYS, Mr. BLUMENAUER, and H.R. 664: Ms. PRYCE of Ohio, Mr. RAMSTAD, H.R. 1765. A bill to increase penalties for Mr. PASCRELL. Mr. HASTINGS of Florida, Ms. LEE, Mr. common carrier violations of the Commu- H.R. 41: Mr. WOLF, Mr. ISSA, Ms. ESHOO, PLATTS, Mr. ORTIZ, and Mr. BRADY of Penn- nications Act of 1934, and for other purposes; Mr. HEFLEY, and Ms. EDDIE BERNICE JOHNSON sylvania. to the Committee on Energy and Commerce. of Texas. H.R. 668: Mr. GUTKNECHT, Mr. EHLERS, Mr. By Mr. WOLF (for himself, Mrs. JO ANN H.R. 51: Mr. HEFLEY. CROWLEY, Mr. WHITFIELD, Mr. JEFFERSON, DAVIS of Virginia, Mr. SCHROCK, Mr. H.R. 61: Mr. MCINTYRE. Ms. MCKINNEY, Mr. BASS, Mr. GREENWOOD, SCOTT, Mr. GOODE, Mr. GOODLATTE, H.R. 68: Mr. LEWIS of Kentucky, Mr. JOHN- and Mr. JOHNSON of Illinois. Mr. CANTOR, Mr. MORAN of Virginia, SON of Illinois, Mr. LAMPSON, Mr. DINGELL, H.R. 678: Mr. BONIOR and Mr. SMITH of Mr. BOUCHER, and Mr. TOM DAVIS of and Mr. OTTER. Washington. Virginia): H.R. 80: Mr. GOODE. H.R. 686: Mr. PALLONE and Mr. MEEKS of H.R. 1766. A bill to designate the facility of H.R. 133: Mr. OWENS. New York. the United States Postal Service located at H.R. 148: Mr. MALONEY of Connecticut. H.R. 701: Mr. HOLT, Mrs. THURMAN, Mr. 4270 John Marr Drive in Annandale, Virginia, H.R. 168: Mr. BAKER. FOLEY, Ms. DEGETTE, Mr. EVANS, Mr. MCIN- as the ‘‘Stan Parris Post Office Building’’; to H.R. 183: Ms. BERKLEY. TYRE, Mr. ENGEL, Mr. ROEMER, Mr. the Committee on Government Reform. H.R. 218: Mr. LARSEN of Washington. BLAGOJEVICH, Mr. SHERMAN, Mr. TOM DAVIS By Mr. WOLF (for himself, Mrs. JO ANN H.R. 280: Mr. PETERSON of Pennsylvania of Virginia, Mr. GUTIERREZ, Mr. CLEMENT, DAVIS of Virginia, Mr. SCHROCK, Mr. and Mr. DOOLITTLE. Mr. LIPINSKI, Mr. DEUTSCH, Mr. ORTIZ, Mr. SCOTT, Mr. GOODE, Mr. GOODLATTE, H.R. 281: Mr. BORSKI. CLYBURN, Mr. ENGLISH, Mr. INSLEE, and Ms. Mr. CANTOR, Mr. MORAN of Virginia, H.R. 286: Ms. NORTON. HART. Mr. BOUCHER, and Mr. TOM DAVIS of H.R. 287: Mr. LANGEVIN. H.R. 708: Ms. SLAUGHTER. Virginia): H.R. 294: Mr. WAMP. H.R. 710: Mr. DOYLE and Mr. HOBSON. H.R. 1767. A bill to designate the facility of H.R. 303: Mr. OTTER and Mr. SESSIONS. H.R. 716: Ms. BROWN of Florida and Mrs. the United States Postal Service located at H.R. 321: Mr. FILNER, Mr. EVANS, Mr. MALONEY of New York. 205 South Main Street in Culpepper, Vir- MCGOVERN, Mr. CONYERS, Ms. WATERS, Mr. H.R. 730: Mr. KILDEE. ginia, as the ‘‘D. French Slaughter Post Of- BLAGOJEVICH, Ms. LEE, Mr. CUMMINGS, Mr. H.R. 737: Mr. MASCARA and Mr. KIRK. fice Building’’; to the Committee on Govern- HOEFFEL, and Ms. SCHAKOWSKY. H.R. 742: Mr. RAHALL, Mr. BARRETT, and ment Reform. H.R. 326: Mr. SCHIFF and Mr. YOUNG of Mr. BLUMENAUER. By Mr. LANTOS (for himself and Mr. Alaska. H.R. 755: Mr. EVANS, Ms. HOOLEY of Oregon, SMITH of New Jersey): H.R. 331: Mr. MCCRERY, Mr. OTTER, and Mr. Mr. SHERMAN, Ms. SCHAKOWSKY, and Mr. H. Con. Res. 128. Concurrent resolution ex- WATKINS. DAVIS of Illinois. pressing the sense of the Congress that the 340: Mr. MCNULTY. H.R. 758: Mr. SANDLIN. continued participation of the Russian Fed- 348: Mr. DOOLEY of California and Mr. DIAZ- H.R. 778: Mrs. THURMAN and Mr. HOLT. eration in the Group of Eight must be condi- BALART. H.R. 786: Mr. RANGEL and Mrs. JONES of tioned on the Russian Federation’s vol- H.R. 394: Mr. GILCHREST, Mr. JONES of Ohio. untary acceptance of and adherence to the North Carolina, Mr. BARTON of Texas, Mr. H.R. 814: Mr. OWENS. norms and standards of democracy; to the WICKER, Mr. KILDEE, Mr. SMITH of Wash- H.R. 823: Mr. OWENS. Committee on International Relations. ington, Mr. HOEFFEL, Mr. OBERSTAR, Mr. H.R. 875: Mr. OWENS. By Mrs. MCCARTHY of New York (for FALEOMAVAEGA, Mr. HEFLEY, Mr. SKELTON, H.R. 876: Mr. BOSWELL, Mr. DIAZ-BALART, herself and Ms. NORTON): Ms. HOOLEY of Oregon, and Mr. TIAHRT. Mr. EVANS, Ms. MCKINNEY, Mr. POMEROY, Mr. H. Con. Res. 129. Concurrent resolution ex- H.R. 400: Mr. HOSTETTLER, Mr. TIAHRT, and HINCHEY, Mr. MCNULTY, Mr. BERMAN, Mr. pressing the sense of Congress regarding the Mr. PICKERING. GANSKE, Ms. DELAURO, Ms. DEGETTE, Mr. establishment of Million Mom March Day; to H.R. 432: Ms. KILPATRICK. CAPUANO, Ms. PELOSI, Mr. PALLONE, Mr. the Committee on Government Reform. H.R. 433: Ms. KILPATRICK. FRANK, Mr. SAXTON, Mr. WU, Mr. SNYDER, By Mr. UNDERWOOD (for himself, Mr. H.R. 439: Mr. HEFLEY. and Mr. WALSH. WU, Mr. HONDA, Mr. ABERCROMBIE, H.R. 442: Mr. HEFLEY, Mrs. DAVIS of Cali- H.R. 879: Mr. STRICKLAND, Mr. FARR of Mr. FALEOMAVAEGA, Mr. MATSUI, Mrs. fornia, Mr. FROST, Mr. BACA, Mrs. JONES of California, and Mr. GORDON.

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H.R. 917: Mrs. CLAYTON. H.R. 1413: Mr. SAXTON, Mr. CUMMINGS, and H. Con. Res. 97: Mr. ROYCE. H.R. 921: Ms. MILLENDER-MCDONALD, Mr. Mr. COYNE. H. Con. Res. 102: Mr. MORAN of Virginia, BARCIA, Mr. SCHAFFER, Mr. MCINNIS, and Mr. H.R. 1433: Mr. SCHIFF, Ms. SOLIS, and Mr. Mrs. MORELLA, Mr. PETRI, Mr. PRICE of JEFFERSON. PASCRELL. North Carolina, Mr. BEREUTER, Mr. H.R. 936: Mr. FOLEY, Mr. WYNN, Mr. THOMP- H.R. 1449: Mr. OWENS. COSTELLO, Mr. HALL of Ohio, Mr. PETERSON SON of Mississippi, and Ms. SOLIS. H.R. 1451: Mr. GANSKE. of Minnesota, Mrs. CLAYTON, Mr. FILNER, Mr. H.R. 945: Mr. OWENS. H.R. 1490: Mr. BOEHLERT, Mr. COLLINS, and ABERCROMBIE, Mr. LANTOS, Mr. MCGOVERN, H.R. 948: Mr. PETERSON of Minnesota, Mr. Mr. LANGEVIN. and Ms. RIVERS. KLECZKA, Mr. DELAHUNT, Ms. MCKINNEY, Ms. H.R. 1501: Mrs. BIGGERT, Mr. SIMMONS, and H. Con. Res. 104: Mr. BAKER, Mr. PASCRELL, MCCOLLUM, Mr. HOLT, Mr. FARR of Cali- Mr. GREEN of Wisconsin. and Mr. THOMPSON of Mississippi. fornia, and Mr. BROWN of Ohio. H.R. 1510: Mr. SOUDER. H. Con. Res. 108: Mr. BOEHLERT, Ms. EDDIE H.R. 950: Mr. ADERHOLT and Mr. DOOLITTLE. H.R. 1520: Mr. SHOWS. BERNICE JOHNSON of Texas, Mr. HALL of H.R. 953: Mr. BROWN of Ohio and Mr. BILI- H.R. 1522: Mr. KILDEE. Texas, Mr. MATHESON, Mr. ETHERIDGE, Mr. RAKIS. H.R. 1535: Ms. CARSON of Indiana, Mr. RAN- GUTKNECHT, Mr. JOHNSON of Illinois, Mr. H.R. 954: Ms. SOLIS. GEL, and Ms. MILLENDER-MCDONALD. EHLERS, Mr. SMITH of Texas, Mrs. MORELLA, H.R. 972: Ms. MILLENDER-MCDONALD and H.R. 1536: Mr. FROST, Ms. MILLENDER- Mr. ROHRABACHER, Ms. JACKSON-LEE of Mr. ANDREWS. 071 MCDONALD, Ms. LOFGREN, Ms. LEE, and Ms. Texas, Mr. HOLT, Ms. RIVERS, Mr. HONDA, Ms. H.R. 981: Mr. GILLMOR and Mr. HEFLEY. MCKINNEY. HART, Mr. BACA, Mrs. BIGGERT, Mr. SHAYS, H.R. 1004: Mr. JEFFERSON and Mr. FRANK. H.R. 1542: Mr. HILLEARY, Mr. BONILLA, Mr. Mr. BARTLETT of Maryland, and Mr. GRUCCI. H.R. 1013: Mr. WHITFIELD and Mr. BOSWELL. FLETCHER, and Mr. BENTSEN. H. Con. Res. 115: Mr. SMITH of New Jersey, H.R. 1020: Mr. LATOURETTE, Mr. DEMINT, H.R. 1556: Mr. MCHUGH, Mr. RAHALL, Mr. Mr. BROWN of Ohio, Ms. MCKINNEY, and Mr. Mr. DINGELL, Mr. MCNULTY, Ms. MCKINNEY, BISHOP, and Mr. WALSH. BONIOR. Mr. KIRK, Mr. COBLE, Mr. REHBERG, and Mr. H.R. 1568: Mr. MCNULTY. H. Res. 73: Mr. SHERMAN. BROWN of South Carolina. H.R. 1581: Mr. RILEY. H. Res. 97: Mr. KILDEE. H.R. 1048: Mr. FILNER, Mr. EVANS, Mr. H.R. 1582: Mr. OWENS. H. Res. 108: Ms. BALDWIN, Ms. HART, Mr. MCGOVERN, Mr. CONYERS, Ms. WATERS, Mr. H.R. 1585: Mr. FILNER, Ms. LEE, Mr. BISHOP, LEVIN, Mrs. NORTHUP, Mr. WELDON of Flor- BLAGOJEVICH, Ms. LEE, Mr. CUMMINGS, Mr. and Mr. HILLIARD. ida, Mr. BILIRAKIS, and Mr. SCHAFFER. HOEFFEL, and Ms. SCHAKOWSKY. H.R. 1589: Mr. BURR of North Carolina. H. Res. 117: Ms. SANCHEZ, Mr. CROWLEY, H.R. 1072: Mr. DEAL of Georgia and Mr. H.R. 1594: Ms. SLAUGHTER, Mr. GEORGE and Ms. WATERS. TIERNEY. MILLER of California, Mr. EVANS, Mr. H. Res. 120: Mr. PASCRELL and Ms. MCKIN- H.R. 1073: Mr. CONDIT, Mr. WU, Mr. KUCINICH, Mr. SERRANO, Mr. WAXMAN, and NEY. PASCRELL, Mr. REYES, Ms. LOFGREN, Mr. Mr. BONIOR. H. Res. 123: Mr. ISTOOK and Mr. KELLER. HOEFFEL, Mr. LOBIONDO, and Mr. PLATTS. H.R. 1597: Mrs. MINK of Hawaii. f H.R. 1076: Mr. LAFALCE, Mr. ROSS, Mr. H.R. 1599: Mr. OTTER. PALLONE, Mr. MATHESON, and Mr. HOLT. H.R. 1601: Mr. SCHAFFER, Mr. SKELTON, and DELETIONS OF SPONSORS FROM H.R. 1090: Mr. CUNNINGHAM, Mr. HUTCH- Mr. HILLEARY. PUBLIC BILLS AND RESOLUTIONS INSON, Mr. REYES and Mr. PICKERING. H.R. 1620: Mr. WAXMAN. H.R. 1108: Mr. FILNER and Mr. PASCRELL. H.R. 1622: Mr. KUCINICH and Ms. MCCOLLUM. Under clause 7 of rule XII, sponsors H.R. 1109: Mr. GARY G. MILLER of Cali- H.R. 1624: Mr. PETERSON of Minnesota, Mr. were deleted from public bills and reso- fornia, Mr. LINDER, Mrs. CUBIN, Mr. BURR of BERRY, Mr. TOWNS, Mr. JEFFERSON, Mr. lutions as follows: North Carolina, Mr. PUTNAM, and Mr. BISHOP, Mr. LANTOS, Mr. ANDREWS, Mr. KIL- H.R. 1613: Mr. PASCRELL. GANSKE. DEE, Mrs. MORELLA, Mr. SMITH of New Jer- f H.R. 1110: Mr. HEFLEY. sey, and Mr. NEY. H.R. 1143: Ms. SANCHEZ, Mrs. MALONEY of H.R. 1630: Mr. TOOMEY. AMENDMENTS New York, and Mr. SANDLIN. H.R. 1642: Mr. MCGOVERN, Mr. DOOLEY of Under clause 8 of rule XVIII, pro- H.R. 1146: Mr. DUNCAN. California, Ms. EDDIE BERNICE JOHNSON of H.R. 1155: Mr. TOM DAVIS of Virginia, Ms. Texas, Mrs. CHRISTENSEN, and Mr. FRANK. posed amendments were submitted as LEE, Mr. ABERCROMBIE, and Mr. COYNE. H.R. 1644: Mrs. MYRICK, Mr. TANCREDO, Mr. follows: H.R. 1170: Mrs. LOWEY and Mr. ACKERMAN. SHADEGG, Mr. LARGENT, Mr. SOUDER, Mr. H.R. 1646 PICKERING, Mrs. JO ANN DAVIS of Virginia, H.R. 1192: Mr. BRADY of Pennsylvania, Mr. OFFERED BY: MR. TERRY LANGEVIN, Mr. WHITFIELD, Mr. LEACH, and Mr. KING, Mr. SHOWS, Mr. KILDEE, and Mr. AMENDMENT NO. 1. Page 124, after line 12, Mr. THOMPSON of California. MCINTYRE. add the following: H.R. 1199: Mr. GUTKNECHT. H.R. 1650: Mr. STARK. H.R. 1210: Mr. KIND. H.R. 1651: Mr. PASCRELL, Mr. MCGOVERN, H.R. 1232: Ms. MCCOLLUM and Mr. and Mr. FILNER. SEC. 747. SENSE OF CONGRESS RELATING TO THE FALEOMAVAEGA. H.R. 1674: Mr. EVANS, Mr. KENNEDY of REMOVAL OF THE UNITED STATES H.R. 1242: Mr. FRANK. Rhode Island, Mr. SHADEGG, Ms. DEGETTE, FROM THE UNITED NATIONS COM- H.R. 1252: Mr. RANGEL and Mrs. LOWEY. Mr. KILDEE, Mr. GONZALEZ, and Mr. COOKSEY. MISSION ON HUMAN RIGHTS. H.R. 1254: Ms. KAPTUR, Mr. WALSH, and Mr. H.R. 1688: Mr. GILLMOR, Mr. SOUDER, and (a) FINDINGS.—Congress finds the fol- KILDEE. Mr. NEY. lowing: H.R. 1266: Mr. HYDE, Mr. LEVIN, Mr. H.R. 1690: Mrs. CLAYTON, Ms. MCKINNEY, (1) The United Nations Commission on MCGOVERN, and Mr. SMITH of Washington. Mr. THOMPSON of Mississippi, Ms. CARSON of Human Rights, located in Geneva, Switzer- H.R. 1271: Mr. ROTHMAN and Mr. BARR of Indiana, and Mr. KILDEE. land, provides a forum for discussing human Georgia. H.R. 1711: Mr. MCINNIS. rights and expressing international support H.R. 1280: Mr. GORDON. H.R. 1713: Mr. ACKERMAN, Mr. BLAGOJEVICH, for improving human rights performance. H.R. 1290: Mr. FALEOMAVAEGA. Mr. BECERRA, of Mr. FRANK. (2) The United States is a founding member H.R. 1293: Mr. ROYCE and Mr. STENHOLM. H.R. 1727: Mr. WELLER, Mr. NEAL of Massa- of the United Nations and a permanent mem- H.R. 1306: Ms. JACKSON-LEE of Texas. chusetts, Mr. FOLEY, Mr. MCINNIS, Mr. WAT- ber of the Security Council of the United Na- H.R. 1310: Mr. TIBERI and Mrs. NAPOLITANO. KINS, Mr. LEWIS of Kentucky, Mr. HAYWORTH, tions. H.R. 1330: Mr. CONDIT. Mr. CUNNINGHAM, Mr. STUPAK, Mr. RYAN of (3) The United States has been a member of H.R. 1340: Mr. KILDEE. Wisconsin, and Mr. SUNUNU. the United Nations Commission on Human H.R. 1345: Mr. OWENS. H.R. 1733: Ms. LEE, Ms. MILLENDER-MCDON- Rights since it was established in 1947 and H.R. 1351: Ms. JACKSON-LEE of Texas, Mr. ALD, and Mr. KILDEE. has used membership on the Commission to WOLF, Mr. GREEN of Wisconsin, Ms. HART, H.J. Res. 13: Ms. LEE, Ms. MILLENDER- internationally condemn countless acts of Ms. BROWN of Florida and Mr. GORDON. MCDONALD, and Mr. SMITH of New Jersey. inhumanity and human rights violations. H.R. 1354: Mr. KILDEE, Mr. SMITH of New H.J. Res. 38: Mr. BARR of Georgia. (4) The United States vigorously opposes Jersey, Mr. HORN, and Mr. CROWLEY. H.J. Res. 42: Mr. LOBIONDO, Mr. MILLER of human rights violations, such as those per- H.R. 1358: Mr. BAIRD. Florida, Mr. FILNER, Ms. DELAURO, Mrs. petrated by the People’s Republic of China, H.R. 1367: Mr. HOLT, Mr. ABERCROMBIE, and EMERSON, Mr. FOSSELLA, Mrs. THURMAN, and Cuba, and Sudan, which have violently re- Mr. GREENWOOD. Mr. LANGEVIN. pressed religious, spiritual, cultural, and po- H.R. 1401: Mr. MCHUGH, Mr. PAUL, Ms. H. Con. Res. 25: Mr. CRANE, Mr. COX, Ms. litical movements and continue to ban, DEGETTE, and Mr. CAPUANO. SANCHEZ, Mr. ROYCE, and Mr. WEXLER. criminalize, and harass groups they label as H.R. 1406: Mr. MEEKS of New York, Mr. H. Con. Res. 56: Mrs. MYRICK and Mr. CAN- cults or heretical organizations and detain, RODRIGUEZ, Mrs. LEE, and Mr. FILNER. TOR. incarcerate, and generally violate the human H.R. 1407: Ms. EDDIE BERNICE JOHNSON of H. Con. Res. 60: Ms. LEE, Mr. SANDERS, and rights of individuals they accuse of being Texas. Mr. DEFAZIO. participants in those organizations. H.R. 1408: Mr. GILLMOR, Mr. NEY, and Mrs. H. Con. Res. 68: Mr. NEY and Mr. AKIN. (5) Nations on the United Nations Commis- ROUKEMA. H. Con. Res. 89: Mr. WU. sion on Human Rights that violate the

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VerDate 08-MAY-2001 02:40 May 09, 2001 Jkt 089060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.077 pfrm02 PsN: H08PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, MAY 8, 2001 No. 62 Senate The Senate met at 9:30 a.m. in execu- The senior assistant bill clerk read gest be divided equally among the tive session and was called to order by the following letter: three Senators. the Honorable LINCOLN CHAFEE, a Sen- U.S. SENATE, The ACTING PRESIDENT pro tem- ator from the State of Rhode Island. PRESIDENT PRO TEMPORE, pore. Without objection, it is so or- Washington, DC, May 8, 2001. dered. PRAYER To the Senate: Mr. REID. I suggest the absence of a The Chaplain, Dr. Lloyd John Under the provisions of rule I, paragraph 3, quorum. Ogilvie, offered the following prayer: of the Standing Rules of the Senate, I hereby The ACTING PRESIDENT pro tem- appoint the Honorable LINCOLN CHAFEE, a Almighty God, thank You for the ex- pore. The clerk will call the roll. citing expectation that surges within Senator from the State of Rhode Island, to perform the duties of the Chair. The legislative clerk proceeded to us when we realize that You want to STROM THURMOND, call the roll. bless us with Your love, strength, and President pro tempore. Mr. DORGAN. Mr. President, I ask wisdom. It is Your way always to go Mr. CHAFEE thereupon assumed the unanimous consent that the order for beyond what You have done before. chair as Acting President pro tempore. the quorum call be rescinded. You do not measure Your generosity The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- by our goodness or the eloquence of our pore. The Senate will be in order. pore. Without objection, it is so or- prayers, but You give more grace as dered. f the challenges grow greater. All You Mr. DORGAN. Mr. President, how require is that we desire a relationship RESERVATION OF LEADER TIME much time am I allowed? with You, the Giver, as much as we de- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- sire the blessings You give. You guide pore. Under the previous order, the pore. Twelve minutes. the humble and teach them the way to leadership time is reserved. Mr. DORGAN. Mr. President, the go, how to decide on issues, and how to f Senate will vote this morning on the speak truth with love. nomination by President Bush of Mr. Lord, bless the Senators with Your NOMINATION OF JOHN ROBERT John Bolton to be Under Secretary of maximizing power for the challenges, BOLTON OF MARYLAND TO BE State for Arms Control. decisions, and responsibilities of this UNDER SECRETARY OF STATE This is a terrible nomination. I indi- day. We join them in praying with the FOR ARMS CONTROL AND INTER- cated yesterday that I don’t know Mr. psalmist, ‘‘God be merciful to us and NATIONAL SECURITY—Resumed John Bolton. I have not met him. But bless us, and cause Your face to shine The ACTING PRESIDENT pro tem- I have read a great deal about what he upon us, that Your way may be known pore. Under the previous order, the said about a number of issues. To on earth.’’—Psalm 67:1–2. May Your clerk will report the nomination. nominate Mr. John Bolton to be Under shining face be reflected in our faces, The legislative clerk read the nomi- Secretary of State for Arms Control radiant with joy and confidence for the nation of John Robert Bolton of Mary- defies logic. demands of today. You are our Lord land to be Under Secretary of State for Arms control is a very important and Saviour. Amen. Arms Control and International Secu- subject. The question of whether this f rity. country is going to assume the respon- PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- sibility to lead internationally in stop- pore. The Senator from Nevada. ping the spread of nuclear weapons is a The Honorable LINCOLN CHAFEE led Mr. REID. Mr. President, it is my un- very important question. the Pledge of Allegiance, as follows: derstanding the time until 10:15 is re- Are we going to be a world leader in I pledge allegiance to the Flag of the served for proponents and opponents of stopping the spread of nuclear weapons United States of America, and to the Repub- lic for which it stands, one nation under God, this nomination; is that true? or not? Are we going to be a leader in indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- trying to make this a safer world? Are f pore. Under the previous order three we going to be a leader in trying to re- Senators each control 15 minutes. duce the number of nuclear weapons APPOINTMENT OF ACTING Mr. REID. Senators DORGAN, BIDEN, that exist in this world? PRESIDENT PRO TEMPORE and HELMS, is that right? The answer from the President, it The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- seems to me, in sending this nomina- clerk will please read a communication pore. That is correct. tion to the Senate is no; we don’t in- to the Senate from the President pro Mr. REID. I ask unanimous consent tend to lead on anything. We intend to tempore (Mr. THURMOND). the time on the quorum call I will sug- do our own thing notwithstanding what

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

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VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4450 CONGRESSIONAL RECORD — SENATE May 8, 2001 anybody else thinks about it, and not- He has been highly critical of the sians have agreed upon a regimen of re- withstanding the consequences with re- agreed-upon framework under which ducing nuclear weapons. Are we going spect to the reduction of additional nu- North Korea pledged to free its nuclear to stop all of that? Are we going to clear weapons and delivery systems. weapons program, and he says the make more and more determined ef- Mr. Bolton has virtually no experi- United States suffers no downside if we forts to continue it and do even more? ence in the field of arms control. He never normalize relations with North In my judgment, we should continue has never served in an arms control po- Korea. Certainly South Korea and this approach. In my judgment, this sition in any form. He is qualified per- Japan, our friends, don’t agree with leads to a safer world. haps for the dismantling of the systems him. But we have now this nomination of arms control as we know it. But he He thinks the United States should that comes to us today that is very dis- is not the person we would want con- not give Taiwan diplomatic recogni- tressful—having an administration put sulting on arms control with our allies, tion as an independent country, in con- someone in a position whose job it is to and he is not the person we want nego- tradiction of several decades of official deal with the issue of arms control who tiating treaties. American policy. He says we have no doesn’t believe in arms control, who Mr. Bolton has expressed disdain for vital interest in Kosovo or the rest of doesn’t believe in treaties, who doesn’t arms control and those who promote it. the Balkans. Tell that to the Euro- believe in a regimen of trying to stop Let me give you some examples. peans and the U.S. troops whose pres- nuclear testing, and believes that trea- We had a debate on the floor of the ence there stopped the genocide and ties and agreements have no legal im- Senate a year and a half ago on the stopped the killing of thousands or per- pact at all and no effect. subject of a comprehensive nuclear haps tens of thousands of people. He believes that we should just go it test-ban treaty. Our country has al- I think the world is going to see, if alone, apparently, notwithstanding ready decided to stop testing nuclear the Senate confirms this nomination, what others want or say. weapons. We decided that in the early that Mr. Bolton’s appointment is an- We are going to move into a very 1990s. So the question wasn’t for us. We other sign of the President’s hard line delicate and very difficult cir- had already decided to stop testing nu- on these issues, as a unilateral policy cumstance very soon. In addition to clear weapons. The question was to abandon ABM, or to get rid of the their being tens of thousands of nu- whether we would join in a treaty with ABM Treaty, or ignore it, build a de- clear weapons that now exist in this many other countries around the stabilizing national missile defense world and precious little effort to try world—a treaty that has something system, ignore the Kyoto treaty, aban- to reduce them, and turning away from like 150 different signatories. Would we don talks with North Korea, and oppose basic arms control agreements, includ- join in that treaty to try to stop others the international criminal court and ing the ABM Treaty which has been from testing nuclear weapons? Regret- the international landmine convention. the centerfold in attempts that have tably, the answer by this Senate was I think the signal is going to be quite resulted in arms reduction—in addition no; we don’t want to do that. clear if this Senate agrees with this to all of that—apparently we are decid- I think it was a terrible mistake. President and puts John Bolton in as ing to build a national missile defense What an awful day for the Senate to Under Secretary for Arms Control. system to protect against a less likely say no. We stopped nuclear testing, but He comes to this position with very threat: a rogue nation or a terrorist ac- we don’t want to join in a treaty to try little experience, and with an attitude quiring an ICBM, loading it with a nu- to promote others to stop nuclear test- about these issues that is antithetical clear tip and sending it to this country. ing. What an awful thing for the Sen- to the progress that we are making in They are much more likely to load a ate to do. The Senate has a right to do these areas. pick-up truck with a nuclear bomb and that. Of course, I think it was an awful I mentioned that we have tens of threaten this country. mistake. thousands of nuclear weapons in this If we build a national missile defense What happened when we turned down world. Russia has somewhere perhaps and say it doesn’t matter what others the Comprehensive Nuclear Test-Ban between 20,000 and 30,000 strategic and do, ignore nuclear arms treaties result- Treaty? Mr. John Bolton says the sup- theater nuclear weapons. We have tens ing in larger buildups and more weap- porters of the Comprehensive Nuclear of thousand of nuclear weapons. There ons and delivery vehicles by the Rus- Test-Ban Treaty are timid and are a handful of other countries that sians, the Chinese and others, will we neopacifists. That is the way he de- have joined the nuclear club and have be safer, and will the world be safer scribed those who support efforts to access to nuclear weapons. Many other with a national missile defense system have an international treaty to stop countries want to possess nuclear to protect us against a Russian threat, nuclear testing. weapons and are achieving and aspiring or against a Chinese threat? The an- Then he states on the issue of trea- to try to get nuclear weapons. Some swer is clearly no. ties and arms control and so on that terrorists want nuclear weapons. My feeling is that we are at a mo- international law is not really law at The question is, Will our country for ment in time in this country that is all. our security and the security of the very important. We have reached the Quoting him, ‘‘While treaties may be world provide a leadership role in try- moment in this world that is very im- politically or even morally binding, ing to stop the spread of nuclear weap- portant. We have seen an explosion of they are not legally obligatory. They ons? Will we be aggressive and vigi- nuclear weapons by Pakistan and are just not law as we apprehend the lant? Will we be world leaders on this India—two countries that don’t like term.’’ issue? Not if we decide to confirm the each other. They are building nuclear That is a statement by Mr. Bolton. nomination of John Bolton. He is not weapons. He says with respect to our allies someone who believes in arms control. We have seen circumstances with the who try to put pressure on us to pass He is not someone who believes in arms Chinese and the Russians and the Euro- the Comprehensive Nuclear Test-Ban reduction. peans, and the others, who are con- Treaty, that the Canadian Premier is The fact is, we have reduced the cerned about us going it alone. As a ‘‘moral posturing.’’ The Sun calls Mr. number of nuclear weapons not nearly columnist for the Washington Post Bolton one of ‘‘Tony Blair’s strongest far enough, but we have reduced the said: Built to suit our interests and critics.’’ He says, ‘‘The Europeans can number of nuclear weapons in this damn the other interests. It doesn’t be sure that America’s days as a well- world through the arms control agree- matter what the others think. bred doormat for EU political and mili- ments we have had with the old Soviet That, in my judgment, is very trou- tary protections are coming to an Union and now Russia. bling, to try to find a way to have end.’’ The fact is, we have sawed the wings world leadership to stop the spread of Then he gloated at the end of the off Soviet bombers and long-range nuclear weapons and to provide world Comprehensive Nuclear Test-Ban Trea- bombers. We have dismantled them. We leadership to reduce the number of nu- ty and its defeat, and said the Com- have dismantled their submarines. We clear weapons. prehensive Nuclear Test-Ban Treaty is have dismantled their nuclear war- Mr. President, how much time is re- dead. heads? Why? Because we and the Rus- maining?

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4451 The ACTING PRESIDENT pro tem- growing concern and impatience with criticized the Clinton administration’s pore. The Senator from North Dakota U.S. unilateralism, we were voted off efforts to freeze North Korea’s nuclear has 1 minute 45 seconds. the U.N. Human Rights Commission, to and ballistic missile programs as Mr. DORGAN. Mr. President, I know the delight of human rights abusers ev- ‘‘egregiously wrong.’’ This despite the others wish to speak today, and I spoke erywhere. This growing unilateralism undisputed facts that the 1994 Agreed at some length yesterday about this is very troubling to those of us who un- Framework has successfully stopped issue. But I want to end by saying the derstand that the interests of the Pyongyang’s nuclear program and following: All I know about this nomi- American people are best protected more recent talks have convined North nee is what he has said, what he has es- when we work in concert with others Korea to unilaterally suspend its mis- tablished as a public record. It is, in on common interests and problems. sile tests until 2003. my judgment, antithetical to what we Senate confirmation of John Bolton President Bush is now reviewing ought to aspire to be and what we to be Undersecretary of State for Arms United States policy toward North ought to aspire to see from someone in Control and International Security will Korea, which I hope will conclude with the position we expect to provide lead- be another serious blow to U.S. leader- a decision to continue talks with ership on arms control. ship on these important issues. Over Pyongyang about the future of its mis- He, in fact, in my judgment, will not the last 8 years, John Bolton has ex- sile program. While I am sympathetic and cannot because he does not believe pressed extreme views on a wide range to the President’s desire to review past in arms control. He does not believe in of U.S. foreign policy issues. He has be- policy, I believe it would be mistake to doing this on the basis of reaching out littled the United Nations, referred to walk away from a dialogue that holds with others to try to reduce the num- supporters of the Comprehensive Test out the possibility of a verifiable ber of nuclear weapons with treaties Ban Treaty as neo-pacifists, labeled agreement to freeze North Korea’s mis- and arms control agreements. He does our closest allies ‘‘appeasers’’ for op- sile program and halt their missile not believe in trying to stop the test- posing sanctions policy also opposed by sales. John Bolton has taken a dismissive view of the value of dialogue ing through treaties of nuclear weap- Vice President CHENEY, and questioned ons, the Comprehensive Nuclear Test- whether the United States is ever le- with Pyongyang, and I am deeply con- Ban Treaty. gally bound by its treaty obligations. cerned that adding his voice to the ad- In my judgment, if this Senate sees I find John Bolton’s views most trou- ministration’s debate on this issue will fit today to vote positively on this bling on the arms control issues over further undermine the United States nomination, we will have taken a sig- which he will exercise a great deal of interest in advancing peace and sta- nificant step backwards. We will have influence in this position. He is a bility on the Korean Peninsula. Finally, while Mr. Bolton’s testi- impeded the efforts of this country to staunch opponent of important trea- mony before the Foreign Relations be a world leader in areas that really ties—including the Comprehensive Committee seemed to suggest that his matter. Test Ban Treaty, the ABM Treaty, and current views are more moderate than I hope the Senate will think long and the Ottawa Convention banning anti- his writings indicate, I remain per- hard about this and decide to tell the personnel land mines which he has plexed by the question of what views he President this nomination is not appro- criticized as unenforceable, while at will take with him into this adminis- priate for the position of Under Sec- the same time opposing the develop- tration. This is not an academic or in- retary of State for Arms Control. ment of international enforcement appropriate issue to raise. While, ulti- Mr. President, I yield the floor. mechanisms. His antagonism to arms mately, Mr. Bolton’s personal opinions Mr. KERRY. Mr. President, in a few control threatens the Nuclear Non-pro- will be subsumed by the decisions of moments, the Senate will vote on the liferation Treaty (NPT), a cooperative, the Secretary of State and the Presi- President’s nomination of John Bolton verifiable agreement that has effec- dent, he will have an enormous amount for Undersecretary of State for Arms tively kept the nuclear weapons club to of influence in the policy debates that Control and International Security. I very low numbers for more than three shape those decisions. I find it difficult am under no illusions about the fact decades span. But future international to imagine that a man who has dedi- that Mr. Bolton will be confirmed for participation in the NPT is inex- cated his life to public service on be- this position. But I will vote against tricably tied to the stability of treaties half of a set of values that he has taken him, because I believe his views on the that Mr. Bolton has condemned. So too the time to articulate in public issues for which he will have responsi- is the success of our cooperative nu- writings will suddenly cease to advo- bility are inconsistent with the best in- clear threat-reduction measures with cate on behalf of those values at ex- terests of the United States. Russia. actly the moment when his ability to President Bush has promised to work Mr. Bolton has also consistently ad- influence public debate is at its zenith. with our friends and allies to build a vocated that the United States give Mr. President, the United States has new framework for U.S. policies on diplomatic recognition to Taiwan, a a strong interest in maintaining and arms control and international secu- position at odds with decades of U.S. advancing transparent, verifiable arms rity. But his nomination of John policy and with President Bush’s de- control regimes and stopping the pro- Bolton to be the principal advisor to clared One China stance. From 1994– liferation of weapons of mass destruc- the Secretary of State on these issues 1996, the Taiwanese government paid tion. These issues are far too impor- is just one of many steps that have $30,000 to Mr. Bolton for several papers tant to be left in the hands of a man sent a decidedly mixed message about on Taiwan and the U.N. It is troubling who has denied their very legitimacy. I his commitment to pursuing a that during this time Mr. Bolton testi- urge my colleagues to vote against this thoughtful, cooperative approach. fied about this same issue before two nominee. In the last several weeks, President House subcommittees. Should he be Mr. LEAHY. Mr. President, the Con- Bush has withdrawn the United States confirmed, Mr. Bolton will play a stitution gives the Senate the power to from the Kyoto Protocol, sent the major role in overseeing United States advise and consent on the President’s South Korean President home with no arms sales to Taiwan, one of the most nominations. This is a responsibility commitment that we will continue to important—and most potentially vola- that I take very seriously. While I be- work on reducing the dangers from tile—issues in United States policy to- lieve the President is entitled to the North Korea’s ballistic missile pro- ward Asia. While the State Department benefit of the doubt when selecting the gram, reversed a more than 20-year-old has signed off on ethical questions sur- senior members of his team, the Senate United States policy that has kept the rounding this possible conflict of inter- is not a rubber stamp, and there are peace in the Taiwan Strait, and an- est, I believe United States arms sales times where a careful review leads one nounced that the United States will no policy toward Taiwan can not help but to the conclusion that a nomination longer concern itself with negotiations be affected—least in perception, if not must be opposed. to control and reduce the strategic nu- in fact—by Mr. Bolton’s past relation- President Bush has made some excel- clear arsenal of the former Soviet ship with the Government of Taiwan. lent choices for several of the top for- Union. Last week, in what will as- On another issue of great importance eign policy positions in his administra- suredly not be the last evidence of to stability in Asia, Mr. Bolton has tion—from Colin Powell for Secretary

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4452 CONGRESSIONAL RECORD — SENATE May 8, 2001 of State to Howard Baker for Ambas- confirmation hearing, Mr. Bolton lacks over, he argued that ‘‘[w]hile treaties sador to Japan. But the nomination of the diplomatic temperament for this may well be politically or even morally Mr. Bolton is not one of those choices. job. binding, they are not legally obliga- I will oppose the nomination of John He is prone to making confusing tory. They are just not ‘law’ as we ap- Bolton for the position of Under Sec- statements and using inflammatory prehend them.’’ In fact, the principle retary of State for Arms Control and rhetoric against those with whom he that treaties and other forms of inter- International Security, because I have does not agree. He once stated that national law are binding is widely ac- serious concerns about Mr. Bolton’s ex- ‘‘Republicans are adults on foreign pol- cepted. Whether trading with other na- perience, his diplomatic temperament, icy questions, and we define what we’re tions or insisting on the right to tra- and his record. willing to do militarily and politically verse international water or airspace, Before proceeding further, it should by what is in the best interests of the we rely on treaties and international be stated that it is becoming increas- United States.’’ What does this mean? agreements to protect our interests. ingly clear that there is a double Do Democrats not act in the best inter- It is true that treaties and other standard in the Senate’s treatment of ests of the United States? Are Demo- agreements are just one part of inter- President Bush’s nominees and those of crats like Lee Hamilton, Sam Nunn, national security. Nevertheless, they President Clinton. During the Clinton and James Sasser not adults on foreign are an extremely important part. Mr. administration, nominations often lan- policy? It is a ludicrous and offensive Bolton’s statements make me seriously guished for months—and in some cases statement. question his commitment to this as- years—before the Senate, without ever On another occasion, Mr. Bolton at- pect of our security, and I do not want coming to the floor for a vote. How- tacked those who were concerned about to confirm an individual with this ever, when Democrats object to a Bush the defeat of the Comprehensive Nu- record to a position that is responsible, administration nomination, Repub- clear Test Ban Treaty, CTBT. Some in part, for advancing U.S. interests by licans cry foul and accuse Democrats of were worried that the Senate’s decision upholding and promoting international not playing by the rules. to vote down a major international se- nonproliferation agreements. This double standard is evident with curity pact for the first time since the Finally, I would note that the timing this nomination. President Clinton’s Treaty of Versailles could signal a turn of the vote on Mr. Bolton’s nomination choice for Under Secretary for Arms toward isolationism. Mr. Bolton’s re- could not be worse. From Kyoto to Control and International Security was sponse was that these reactions were missile defense, the Bush administra- John Holum. After being confirmed by ‘‘indications of a profoundly misguided tion has made a number of unilateral the Senate by voice vote, Mr. Holum and potentially dangerous philosophy decisions that have caused great con- served as Director for the Arms Con- in American foreign policy’’ and that cern among our allies in Europe and trol and Disarmament Agency, ACDA, people who held this view were ‘‘timid Asia. And, there are reports that more for 6 years. When ACDA was going to and neo-pacifist.’’ Again, is being vigi- be folded into the State Department, could be on the way—such as lant about the possibility of American President Clinton made a sound deci- ‘‘unsigning’’ the ICC Treaty. I firmly sion to nominate Mr. Holum to be the isolationism, something that contrib- believe that confirming someone to Under Secretary of State for Arms uted to the Second World War, timid or this important position who has lim- Control and International Security. neo-pacifist? What is a neo-pacifist, ited experience on these issues, lacks Despite his qualifications, a few Repub- anyway? the diplomatic temperament for the And with respect to the International licans blocked John Holum’s nomina- job, and has, at best, a mixed record of Criminal Court, ICC, Mr. Bolton said tion for nearly 2 years, successfully supporting international arms control that ‘‘[s]upport for the International preventing a vote. This stands in stark agreements, sends yet another negative Criminal Court concept is based large- contrast to President Bush’s selection signal to our friends and allies. for the very same position. The nomi- ly on emotional appeals to an abstract We need a person in this important nation of Mr. Bolton—who unlike Mr. ideal of an international judicial sys- position who will help craft a bipar- Holum is not well qualified for this po- tem unsupported by any meaningful tisan foreign policy and work with our sition—is being voted on by the full evidence and running contrary to friends and allies to make America Senate after just 2 months. sound principles of international crisis more secure. Mr. Bolton is not that The first reason that I oppose this resolution.’’ Why was the decision to person, and I will vote ‘‘no’’ on his nomination is because Mr. Bolton does sign the Treaty, and join 139 other na- nomination. not have the requisite experience for tions including 17 of our NATO allies, Mr. President, I recognize that Mr. the job. I am aware that he has some emotional? Is it not rational to con- Bolton will receive sufficient votes to solid foreign policy credentials, preclude that signing the Treaty enables become our next Under Secretary of viously serving on the Commission on us to maintain the maximum influence State for Arms Control and Inter- International Religious Freedom, as over the ongoing negotiations and ob- national Security. I hope that the fact Assistant Secretary of State for Inter- tain additional concessions in the proc- that he was only reported out of the national Organization Affairs, and as ess? Foreign Relations Committee by a Assistant Administrator of USAID for These are representative of state- margin of one vote, and that several Program and Policy Coordination. But ments from Mr. Bolton that are con- senior Senators with expertise and John Bolton has been nominated for fusing, inaccurate and inflammatory. many years of experience in arms con- the senior position at the State De- While those of us in politics are used to trol opposed his nomination, will cause partment responsible for supervising this sort of thing, effective inter- him to reflect on the way he has ap- and managing complicated negotia- national diplomacy is not conducted in proached these issues in the past. This tions for arms control and non- this manner. It is not the kind of tem- is a position of great responsibility. He proliferation issues. In these areas, his perament that we need from our most should use it to demonstrate that he experience is seriously deficient. senior arms control official at the can work constructively and respect- This is no time to learn on the job. State Department. fully with people, whether they agree We are confronted by a complex and I am also deeply concerned about Mr. or disagree with him, to help advance rapidly changing security environ- Bolton’s record on arms control and the interests of this nation. ment, which will require sensitive dip- nonproliferation agreements and his Mrs. FEINSTEIN. Mr. President, I lomatic negotiations and consultations views on international law. Although rise today to oppose the nomination of on a wide range of international secu- he has supported some security trea- John R. Bolton as Under Secretary of rity matters with our friends, allies, ties in the past, he is philosophically State for Arms Control and Inter- and adversaries. We need someone in opposed to most of the treaties that national Security. In many ways, Mr. this position with long experience and comprise the foundation of the inter- Bolton’s record, writing, and views lead a proven track record on these issues— national nonproliferation regime. He me to believe that he is the wrong man which Mr. Bolton does not have. once said that the CTBT and other at the wrong time for this position. Second, as Senator BIDEN appro- treaties are ‘‘unenforceable’’ and pro- In considering this nomination I am priately pointed out at Mr. Bolton’s vide ‘‘illusionary protections.’’ More- most troubled by the fact that Mr.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4453 Bolton’s views appear to be antithet- can expect from the rest of the inter- publican administrations are the Non- ical to both arms control and international community to that question. Proliferation Treaty, the ABM Treaty national law. There are also questions about Mr. and Protocol, the Threshold Test Ban Although he has supported some se- Bolton’s approach to a range of other Treaty, and the Intermediate Nuclear curity treaties, on the whole he has issues on the international agenda Forces Treaty. I would hope that Mr. been highly critical of most of the trea- which, as Under Secretary and a senior Bolton would uphold this tradition ties that comprise the foundations for member of the State Department deci- within his party, but I am skeptical nuclear arms control and nonprolifera- sion-making apparatus, he will play a that will be the case. If so, our nation tion. role. stands to become more insecure rather When the Senate voted down the Mr. Bolton’s views on Taiwan appear than less in the volatile world of to- Comprehensive Test Ban Treaty, to be out of step with thirty years of day’s international system. CTBT, for example, it is my under- bipartisan U.S. policy as well as the Recent testimony by Mr. Bolton sug- standing that Mr. Bolton applauded the views of the Bush Administration. gests that he may not be as knowledge- defeat of ‘‘the illusionary protection of He has stated that he believes Tai- able about the significant contribu- unenforceable treaties’’. wan to be a state, and argued for full tions of prior arms control treaties as Arms control treaties and inter- diplomatic recognition of Taiwan and he should be, and, more importantly, national efforts to control the spread an end to the ‘‘One China’’ policy. may not be inclined to support arms of weapons of mass destruction are not Over the past thirty years the Tai- control as a useful mechanism to the only way to address these threats, wan Relations Act, the ‘‘One China’’ achieving national security goals. In the United States must have other policy, the three Joint Communiques, his confirmation hearing before the means and capabilities as well, but and a policy of purposeful ambiguity Senate Foreign Relations Committee, they have a place in U.S. foreign pol- with regards to U.S. defense commit- for example, when asked about his icy, and can play a useful role in safe- ments to Taiwan have served U.S. in- views regarding whether the ABM guarding American interests. terests, and those of Taiwan, extremely Treaty is in force, he withheld his own The CTBT, START, the Anti-Bal- well. It is an approach that has pro- views on this very important matter listic Missile treaty, the Non-Prolifera- vided the United States with both le- which now lies at the center of the tion Treaty, the Chemical Weapons verage and maneuvering room in our most significant national security de- Convention, the Missile Technology relations with both China and Taiwan, bate in our country as well as within Control Regime, alongside many other and has had the support of six Presi- the international community. It seems treaties negotiated by Presidents of dents from both parties as well as to me that if the Senate is to confirm both parties, can and do play an impor- broad bipartisan backing in Congress. a nominee for this important position tant role in reducing the risk to the These are but a few examples of the as Under Secretary of State for Arms United States posed by the prolifera- sort of worrisome issues which lead me Control, it would not be unreasonable tion of Weapons of Mass Destruction. to believe that Mr. Bolton is not the to expect that nominee, even if we are Likewise, Mr. Bolton has made com- right person to serve as Under Sec- in disagreement, to have a well-devel- ments that suggest that international retary. oped, articulate view of this critical treaties do not have the force of law, The questions that have been raised question. I believe that the Senate and and raising questions about the com- about Mr. Bolton’s views on a range of the American people have a right to ex- mitment that states should have to arms control, international law, and pect that someone who would assume their treaty obligations. other national security issues strongly this key advisory position would be He has written that ‘‘while treaties suggests that Mr. Bolton does not meet able to answer that question in an in- may well be politically or even morally the necessary threshold for confirma- formed, straightforward way. I’m con- binding, they are not legally obligation by the Senate as Under Secretary cerned that we still don’t know if Mr. tory. They are just not ‘law’ as we ap- of State. I do not make this statement Bolton is well-educated on the validity prehend the term.’’ lightly, but I do so with the recogni- and utility of the ABM Treaty. I for In arguing that the U.S. has no obli- tion that the Senate has the right, the one am reticent to hand over the keys gation to pay our share of the United obligation, to provide advice and con- to a car when I don’t know where the Nations dues Mr. Bolton argued that sent to the President’s appointments. driver is going to take me. The ABM ‘‘Treaties are ‘law’ only for U.S. do- I urge my colleagues to join me in Treaty is so vitally important, I be- mestic purposes. In their international opposing the confirmation of Mr. lieve the American people have a right operation, treaties are simply ‘polit- Bolton. to know where Mr. Bolton wants to go. ical’ obligations.’’ Mr. BINGAMAN. Mr. President, I rise In his writings and testimony, Mr. This approach suggests that inter- to urge my colleagues to oppose the Bolton referred generically to treaties national treaties are unenforceable; nomination of Mr. John Bolton to be- that are unenforceable and that pro- that signatories may pick and choose come the Under Secretary of State for vide only illusory protections. He the sections they will adhere to; and Arms Control and International Secu- would include the Comprehensive Test that the United States, by virtue of our rity. Many in the Senate disagree with Ban Treaty in that category, a belief superpower status, may insist on other the substantive views of Mr. Bolton on that suggests to me a lack of under- countries fulfilling their treaty obliga- particular policy issues and will oppose standing about our verification capa- tions while reserving the right to ig- his nomination on the basis of those bilities with respect to countries which nore our own. disagreements. I too disagree with Mr. might seek to initiate a nuclear weap- But how can the United States hope Bolton on a range of important foreign ons program as well as nuclear weap- to compel other countries, especially policy issues, but my opposition to his ons states which might seek to advance states like Iraq, Iran, and North Korea nomination comes from broader and their own capabilities in any militarily to respect international law and norms deeper concerns. First among them, I significant way. Though the Senate has on non-proliferation if the top State believe that whoever serves in this po- not thoroughly debated this question, Department official for arms control sition should be experienced, knowl- the experts I have spoken with assure does not? edgeable, and philosophically compat- me that the CTBT is verifiable con- Mr. Bolton has also suggested that ible with the use of arms control as a sistent with our highest priority non- ‘‘There is no such thing as the United legitimate tool of the national security proliferation national security con- Nations . . .’’. objectives of the United States. Arms cerns. Before voting to confirm Mr. How effective can United States lead- control treaties have served our na- Bolton, the Senate should know more ership be in the international commu- tional security interests well during about the specifics of his views on this nity if these views guide U.S. policy? In past decades, including important and similar matters in order to deter- some ways, Mr. President, I think the major treaties signed and ratified by mine whether his views are well- recent loss of the U.S. seat on the Republican administrations. Notable grounded or simply an expression of a Human Rights Commission provides us among the many important and effec- visceral distrust of arms control as a an early indication of what answer we tive arms control contributions by Re- national security tool.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4454 CONGRESSIONAL RECORD — SENATE May 8, 2001 I am equally concerned that his ing the Presidential appointments to stated that he does not believe that views rejecting the binding nature of ensure that our national interests are these agreements are legally binding international treaties is incompatible being served. And, in juggling these on the United States, but rather are with the internationally accepted posi- two sometimes conflicting concepts, I ‘‘political obligations.’’ This stance is tion on this fundamental legal ques- have generally given the benefit of the contrary to United States interests of tion. In his writings, Mr. Bolton has in- doubt to the individual selected by the promoting respect for international dicated that although treaties may be President. law and upholding the good faith agree- politically or morally binding, they are Very rarely over the years have I ments entered into among our allies to not legally binding. I suspect that voted against nominees. On those occa- honor these treaties. In addition, such while he would demand compliance of sions in which I have chosen to do so, statements in the area of arms control, other nations to an international trea- it has been because I have had serious by the person who will occupy the very ty as a matter of law, he would defend doubts about the ability of the indi- post charged with upholding our treaty instances of U.S. non-compliance as vidual to carry out the responsibilities obligations, not only diminishes our our legal right. At a time when the of the office to which he or she has credibility in the eyes of our allies, but President of the United States has spo- been nominated. Regrettably, I hold also compromises the best interests of ken repeatedly of the need for our na- such doubts about the nomination be- our national security. Arms control is tion to approach other countries with fore us today—John Bolton to the posi- a global issue, not an American one, humility, Mr. Bolton’s view on this tion of Under Secretary of State for and while we must forge policies con- matter strikes me as completely unac- Arms Control. Based upon Mr. Bolton’s sistent with America’s interests, we ceptable. own statements and writings over the cannot create policy in a vacuum, and Perhaps, it comes down to this. years, as well as his testimony during to act unilaterally on an issue of such Every time the Senate debates an arms his confirmation hearing, I have seri- import would be foolish. control agreement the question is ous reservations about his ability to In terms of the ABM treaty, I believe asked, ‘‘Will our nation be more secure discharge his duties in the area of arms that President Bush is correct when he with or without this Treaty?’’ For control. My reservations are of such a says that the world is quite different those who answer ‘‘without’’, they con- magnitude that they rise to a level so today than it was in 1972 when the clude that the nation is more secure as to outweigh my general practice of treaty was first entered into with the without making international commit- deferring to the President on nomina- then Soviet Union. Clearly every word ments. Their crystal ball suggests that tions. of that treaty should not be cast in without international agreements, na- There is no question that Mr. Bolton stone. There may be changes to the tional self interest will be sufficient to is an individual of integrity and intel- treaty that would benefit United ensure national security. Given Mr. ligence. He has demonstrated those States interests without undermining Bolton’s position in opposition to key qualities throughout his career—most the principle purpose of the treaty—to prevent a costly and dangerous inter- arms control agreements of our time, recently at the American Enterprise national arms race. It is certainly ap- I’m very concerned that he believes Institute, and the Commission on propriate that the President undertake that U.S. unilateralism is the only reli- International Religious Freedom. How- a review of this treaty. But this can be able means to assure our national secu- ever, there is glaringly absent from his accomplished while still honoring our otherwise distinguished record, any rity. I strongly reject that view. current treaty obligations and without Unilateralism is reversible and unpre- substantial background in the area of a rush to judgement. The ABM treaty dictable, and in my view, portends arms control—the principle area of re- may need updating, but unilaterally greater instability among nations. Be- sponsibility for the position to which abrogating this treaty or any other fore I’d vote to confirm Mr. Bolton, Mr. he has been nominated. It is not only treaty that the United States has en- President, I’d like very much to know that Mr. Bolton has limited experience tered into is a major step not to be what Mr. Bolton’s view of what a in the arms control arena, but also taken lightly or without consultations. unilateralist world looks like to him that in his few dealings with this sub- While Mr. Bolton has stopped short of without the ABM Treaty, the CTBT ject matter he has expressed doubts as calling for the unilateral abrogation of Treaty, or any other arms control trea- to the relevancy of arms control itself. the treaty, his cavalier attitude toward ty to which he is opposed. Until he can I find it troubling that the individual our participation in the ABM treaty convince me that it would be a safer that the President and the Secretary of and to the responsibilities that we bind world, I’ll withhold my vote. I urge my State will look to in the areas of non- ourselves to when we enter into these colleagues of the Senate to do the proliferation, arms control and secu- international agreements is disturbing. same. rity assistance holds that view. Arms I am further troubled by Mr. Bolton’s Mr. DODD. Mr. President, as you control issues loom large on the Presi- views on such sensitive foreign policy know, I generally believe that any dent’s agenda as he demonstrated last issues as the so called ‘‘One China Pol- President, Democratic or Republican, week when he spoke at the National icy,’’ and on the nature and extent of has the right to appoint the members Defense University on the topic of Na- U.S. arms sales to Taiwan. I am par- of his administration. That is why, tional Missile Defense, NMD —an ex- ticularly concerned at a time when over the years, I have generally voted tremely controversial subject with Chinese-American relations have taken in support of the vast majority of pres- huge implications for United States a turn toward the adversarial. When idential nominees that have come be- arms control policy. NMD, The Com- the characterization of the U.S.-China fore the Senate. However, I am also prehensive Test Ban Treaty, CTBT, and relationship as ‘‘strategic competi- mindful of the fact that the Founding the future of the 1972 ABM treaty are tion’’ provokes indignation in Beijing, Fathers gave the U.S. Senate a role in all subjects in which the President and one can only imagine the ramifications the nomination process, namely that of the Congress will have to come to some of Mr. Bolton’s public support for the advice and consent. This responsibility meeting of the minds on during the official recognition of Taiwan as an was given to the Senate in order to en- coming months. The Under Secretary independent state, a position which sure that the President did not misuse of State for Arms Control will have to contradicts over three decades of U.S. his authority in selecting individuals play a pivotal role in facilitating that diplomacy that has successfully bal- to serve in positions of public trust or process. Mr. Bolton’s having a anced our interests in Asia. Although ones with significant implications for dismissive attitude toward arms reduc- Mr. Bolton has stressed that the Under- the national security of this country. I tion and arms control right from the secretary of State for Arms Control have always ought to balance these start gives him very little credibility does not have responsibility for di- two principles, that the President has with those of us who care deeply about rectly shaping diplomatic relations be- been elected by the American people to arms controls issues and are concerned tween the U.S. and China, separating do a job and he should be able to decide about the direction the Administration arms control issues from U.S./China how best to do it, and that the Con- appears to be heading in this area. policy is neither feasible nor advisable stitution of the United States charges With respect to CTBT and other at a time when China sees itself, right- the United States Senate with review- international treaties, Mr. Bolton has ly or wrongly, as a target of the Bush

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4455 administration’s decisions to move for- Bolton has taken regarding America’s helps the Nation to achieve these all- ward with National Missile Defense and foreign policy. He explained his posi- important goals for our country and to sell arms to Taiwan. tions during his confirmation hearing our planet. It is this special responsi- Mr. Bolton has also expressed worri- and gave assurances that he accepts bility of the Under Secretary to pro- some views on U.S. involvement in the and will respect America’s obligations tect the United States by working to Balkan wars, stating that he saw ‘‘ no under international law. He is espe- control the proliferation of weapons of tangible national interest’’ in those cially intent on working to control the mass destruction. conflicts. And while it is true that spread of weapons of mass destruction As Senior Adviser to the President, American territory or interests were to rogue states. I therefore conclude the Under Secretary works with the not directly threatened by the blood- that Mr. Bolton falls within the cri- Secretary of State and members of the shed in the Balkans, certainly insta- teria of acceptability for confirmation National Security Council, leads the bility in Europe must always be a mat- to the job for which he has been nomi- interagency policy process on non- ter of concern to the United States as nated by the President. proliferation, and manages global U.S. should human rights abuses that rise Mr. KOHL. Mr. President, I have seri- security policy. He is involved in de- to the level of near genocide. I am con- ous concerns about confirming John fense cooperation, arms transfers and cerned at Mr. Bolton’s seemingly insu- Bolton to be the next Under Secretary security assistance to our allies. He lar view of American interests and re- of State for Arms Control. The person provides policy direction for the non- sponsibilities. who serves in this position is expected proliferation of nuclear missiles and Finally, Mr. Bolton has at times been to supervise and manage international fissile material. He has a primary role outspoken and provocative in his pub- arms control negotiations and non-pro- in the negotiation, ratification, lic remarks about international affairs. liferation agreements and to uphold verification, compliance, and imple- He has been known to stray from a key arms control treaty obligations. mentation of agreements on strategic, simple statement of opinion to more Yet, John Bolton has said he believes non-conventional and conventional controversial pronouncements about that the very agreements he would be forces, regional security and military subjects which are approached with required to uphold and negotiate are cooperation. tremendous sensitivity by most foreign not even legally binding. His role is also to oversee implemen- policy experts. As Undersecretary of International arms control agree- tation of the Foreign Assistance Act, State for Arms Control Mr. Bolton will ments are the linchpin of our national the Arms Export Control Act, and re- be responsible for high level negotia- security. They have played a vital role lated legislation. The Bureaus of Arms tions with allies and other govern- in keeping the peace, increasing our se- Control, Nonproliferation, and Polit- ments concerning the gravest matters curity and halting the spread of weap- ical-Military Affairs and Verification of national and international security. ons of mass destruction and the mis- and Compliance are under the policy Regrettably, I am uncomfortable with siles that deliver them. They made a oversight of the Under Secretary. the idea of Mr. Bolton in such delicate significant contribution towards reduc- The position carries enormous re- situations. ing nuclear threats during the Cold sponsibilities, and I am not persuaded The world we live in today is dan- War, they helped us reduce the pres- that Mr. Bolton has the vision and gerous. For better or worse, the United ence of conventional forces in Europe commitment to advance America’s States must play a major role in ensur- in the post-Cold War era, and they have best interests, especially in arms con- ing that there are safeguards to protect been an important tool in the response trol. our national security and foreign pol- to the growing non-proliferation Mr. Bolton has said that ‘‘inter- icy interests. Without doubt these dan- threat. national treaties are ‘laws’ purely for gers include the possibility of the pro- Not only does John Bolton have lim- domestic purposes’’ and in their ‘‘inter- liferation of weapons of mass destruc- ited experience in the arms control national operation, they are simply po- tion. It may be true that no longer is arena, but he has dismissed the Com- litical obligations.’’ He has described our main concern a purposeful attack prehensive Test Ban Treaty and some treaties as useless, because they don’t by another superpower, but rather the other treaties as ‘‘illusionary protec- stop rogue states from doing what they accidental or capricious bombing by a tions.’’ He has been disdainful of sup- seek and only restrain the U.S. from rogue nation. It may also be true, as porters of the CTBT and, he has been pursuing its own defense initiatives. Mr. Bolton asserts, that it is time to intentionally evasive about his views Mr. Bolton has also been an out- re-examine our international arms on the ABM Treaty. I question whether spoken critic of the Anti-Ballistic Mis- framework, but it is not a time for iso- Mr. Bolton could serve effectively in sile Treaty and the Comprehensive lation or bravado. Given the the crit- this position given his views and the Test Ban Treaty, referring to the latter ical negotiations and challenges that inflammatory manner in which he has as an ‘‘unenforceable treaty with illu- await the new administration, there is communicated these views in his years sory protections.’’ no room for inexperience. We need a out of public service. Mr. Bolton praised the defeat of the skilled and steady hand shaping a dis- I am not questioning the integrity of Comprehensive Test Ban Treaty in the armament policy that is right for the this nominee or his fitness for govern- Senate. He called Americans who wor- 21st Century. In my view Mr. Bolton ment service in general. I also believe ried that nuclear proliferation would does not possess such qualities, and we must be careful not to reject nomi- threaten international peace and secu- that is why I have reluctantly decided nees just because we object to their rity ‘‘hysterical.’’ He described the phi- to vote against his nomination for this views. However, when a person like losophy behind supporting a treaty critical position. John Bolton is put forward, a person that bans dangerous nuclear testing as Mr. LIEBERMAN. Mr. President, I whose views seem to undermine the ‘‘profoundly misguided and potentially am voting in favor of John Bolton for very purpose for which he is being dangerous.’’ the position of Undersecretary of State nominated, I believe we have a respon- The CTBT is an important part of for Arms Control and International Se- sibility to speak out. John Bolton is our global non-proliferation efforts, curity Affairs. Mr. Bolton is the Presi- not an appropriate choice for Under and it has been endorsed by General dent’s choice, and I have generally sup- Secretary of State for Arms Control John Shalikashvili. Earlier this year, ported the tradition of respect by the and I will be voting against this nomi- General Shalikashvili, Special Advisor Senate for confirming the President’s nation. to the President on this treaty, stated nominees except in rare instances. I Mr. KENNEDY. Mr. President, I op- in a letter to the President that ‘‘there disagree with some of the positions Mr. pose the nomination of John Bolton to is no good reason to delay ratification Bolton holds, particularly his opposi- be Under Secretary of State for Arms of the CTBT’’ and that ‘‘ the longer the tion to some of the arms control trea- Control, Nonproliferation and Inter- U.S. delays, the more likely it is that ties that were negotiated over many national Security. other countries will move irrevocably years by his predecessors at the Arms The Under Secretary must be able to to acquire nuclear weapons or signifi- Control and Disarmament Agency. But develop and shape arms control and cantly improve their current nuclear I also agree with other positions Mr. disarmament policies in a way that arsenal and the less likely it is that we

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4456 CONGRESSIONAL RECORD — SENATE May 8, 2001 could mobilize a strong international more effective arms control, non-proposed to most of the international coalition against such activities.’’ liferation and disarmament policies to treaties that comprise the non- Yet Mr. Bolton has criticized the someone who believes that inter- proliferation regime.’’ treaty for not providing ‘‘adequate pro- national security is best maintained by Mr. Bolton was a vocal opponent of tections’’ and ‘‘hobbling the United continuing the nuclear arms race. the Comprehensive Test Ban Treaty. States’ ability to maintain the most I am also deeply concerned about Mr. He said that supporters of the CTBT important international guarantee of Bolton’s views on the United Nations. were ‘‘misguided individuals following peace’’—which is, in Mr. Bolton’s view, As Under Secretary, he would advise a timed and neo-pacifist line of ‘‘a credible U.S. nuclear capability.’’ the President and the Secretary of thought.’’ He also stated that ‘‘Mere I also have serious reservations about State on policy decisions on U.S. secu- promises by adversaries and rogue re- Mr. Bolton’s views on the Anti-Bal- rity commitments worldwide and on gimes, unverifiable in critical respects, listic Missile Treaty. In the years since arms transfers and security assistance simply do not provide adequate protec- the United States and the Soviet Union policy and programs. He would need to tions and may actually hobble our abil- signed the ABM Treaty in 1972, it has work with the international commu- ity to maintain the most important been a major part of U.S. nuclear arms nity and the United Nations to meet international guarantee of peace—a control policy. By ensuring that our these goals. Yet, in 1994, Mr. Bolton credible U.S. nuclear capability.’’ I nuclear arsenal remains an effective wrote starkly that ‘‘there is no such would like to note that history would deterrent, the ABM Treaty prevented thing as the United Nations.’’ He has indicate Mr. Bolton is incorrect, since an escalating arms race with the So- said that the majority of Congress and the United States has been able to viet Union and more recently with most Americans do not care about los- maintain an awesome nuclear stock- Russia. The treaty continues to bring ing the U.S. vote in the General Assem- pile while complying with arms control significant stability to the U.S.-Russia bly. Virtually every other nation in the treaties that have been the cornerstone nuclear partnership in the post-Cold world supports the United Nations and of the prevention of nuclear war for the War world. the United States should be dedicated past fifty years. Furthermore, while Mr. Bolton has contended that Na- to strengthening, not weakening, it. Mr. Bolton is certainly entitled to his tional Missile Defense should be one of The Under Secretary of State for opinions on arms control treaties, his the our primary considerations in deal- Arms Control, Nonproliferation and opinions indicate that he may not be ing with proliferation and inter- International Security should work to best suited for a position which re- national security. But this view is in strengthen our international treaties quires upholding and negotiating trea- conflict with the Under Secretary’s re- and our relations with other countries, ties on a daily basis. sponsibility to protect our Nation not dismantle or destroy them. I am Mr. Bolton also does not seem to against threats in a way that is con- not convinced that Mr. Bolton is com- have a very high opinion of the United sistent with our treaty obligations. Mr. mitted to these critical goals. Nations, the organization with which Bolton’s view that Russia will take ad- His views do not represent a positive he would have to work closely in devel- vantage of any U.S. vulnerability could approach to key arms control issues, oping and maintaining U.S. inter- hinder essential and continued co- and I urge the Senate to oppose his national security policy. At different operation with that nation. nomination. points in the past few years, Mr. I am concerned as well by Mr. Mr. REED. Mr. President, I rise to Bolton has stated that ‘‘If the UN sec- Bolton’s views on our relations with state my opposition to the nomination retary building in NY lost 10 stories, it North Korea and China. Since 1996, the of John Bolton to be Undersecretary of wouldn’t make a bit of difference.’’ He United States has embarked on a deli- State for Arms Control and Inter- also stated that the U.S. has no obliga- cate negotiation with North Korea. national Security. I want to clarify tion to pay its UN dues because ‘‘The The agreed framework has achieved re- that I respect the right of the Presi- UN Charter is fundamentally a polit- newed dialogue between North and dent to choose those who will serve ical, not a legal document. On finances South Korea, and could be the begin- him in his Administration. I also rec- it amounts to little more than an ning of a serious effort to achieving an ognize that many of the appointees in ‘agreement to agree.’ ’’ Despite the fact arms control agreement with North this Administration will have views that the UN may seem bureaucratic Korea. It has created an unprecedented which differ from my own—and those and slow to act at times, it is the pri- opportunity for the U.S. and North differences are not reason enough to mary instrument for international co- Korea to work together. But Mr. vote against a nomination. However, in operation, and I believe U.S. participa- Bolton has been outspoken in his oppo- this case, I believe there is ample evi- tion is vital to ensure U.S. national se- sition to the agreement, calling it an dence that Mr. Bolton has deeply held curity. ‘‘egregious mistake.’’ views which run so contrary to stated In addition, Mr. Bolton does not ap- Mr. Bolton has stated that normal- U.S. policy that he will not be able to pear to believe that the tenets of inter- izing relations with North Korea and effectively perform his duties. national law are binding. In 1999, Mr. the goals it would achieve are ‘‘en- If confirmed, statute dictates that Bolton asserted that, ‘‘In reality, inter- tirely in North Korea’s interests, not John Bolton would be the senior assist- national law, especially customary ours.’’ Clearly, efforts to stop the de- ant to the Secretary of State in mat- international law, meets none of the velopment of nuclear weapons in the ters ‘‘related to international security tests we normally impose on ‘law’, Korean Peninsula are in the United policy, arms control and non-prolifera- while treaties may be politically or States’ interest. Yet Mr. Bolton has tion.’’ He would oversee a number of even morally binding, they are not le- also called the agreed framework an issues including the fate of the ABM gally obligatory. They are just not ‘‘unjustifiable propping up of the North Treaty, negotiation with North Korea ‘law’ as we apprehend the term.’’ Since Korean regime.’’ on the Agreed Framework and aid to the founding of this nation, Adminis- I am concerned that Mr. Bolton pre- dismantle Russian nuclear stockpiles. trations have put faith in international sents himself as a nominee who will At a time when the danger from nu- law and treaties created under inter- fundamentally change the objectives of clear weapons is at least as great as national law and entered into by the his office from promoting treaties and during the Cold War, it is essential United States have been regarded, as arms control to urging a national agen- that this Undersecretary be committed the Constitution dictates, ‘‘as the su- da on missile defense. The policies he to using every possible diplomatic op- preme law of the land.’’ promotes could unnecessarily alienate tion for reducing the weapons stockpile Mr. Bolton is clearly an intelligent our allies and undermine arms control and diffusing tensions. Unfortunately, and capable individual. However, his and nonproliferation. because of his previous statements, I publicly stated views and past actions Mr. Bolton has stated that ‘‘the most cannot be confident of Mr. Bolton’s indicate that he believes that it is in important international guarantee of commitment to this goal. As Joseph the best interests of United States se- peace is a credible U.S. nuclear capa- Cirincione, the director of the Carnegie curity to act unilaterally, with little bility.’’ It would be a mistake to en- Non Proliferation Project, stated: regard for the views and agreements of trust the responsibility of achieving ‘‘John Bolton is philosophically op- the international community. We live

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4457 in an increasingly interdependent the one position I could consider I supposed to be—the primary person world. Today, it is more important would not want him to have in the ad- promoting arms control. than ever before to use such tools as ministration. I note, parenthetically, I have always the United Nations, international law In praising the defeat of the Com- had difficulty voting for nominees who and treaties to promote and ensure prehensive Nuclear Test-Ban Treaty, hold views that are antithetical to or international security and arms con- Mr. Bolton referred to the CTBT, and at odds with the responsibilities they trol. I believe the Undersecretary of other unnamed treaties, as ‘‘unenforce- have. I voted against, for example, fine State for International and Arms Con- able treaties’’ which provide ‘‘illu- men who were nominated to be Sec- trol should be willing to pursue these sionary protections.’’ I realize some retary of the Interior during the avenues, and I think the evidence indi- hold that view. They are not, however, Reagan administration when they were cates that Mr. Bolton would not be the people I think should be in charge of insufficiently committed to the envi- best person for this job. Therefore, I promoting arms control, disarmament, ronment. So I didn’t want to be a party will oppose his nomination. and nonproliferation matters. to putting someone in a position whose The ACTING PRESIDENT pro tem- The death of the CTBT, he wrote, is avowed purpose was the President’s, pore. The Senator from Delaware. a ‘‘useful opportunity to re-examine in which was antithetical to the purpose Mr. BIDEN. Mr. President, has there a hard-headed and realistic way how of the organization. been time allotted for me to speak on international peace and security are I am also concerned about his limited this nomination? really guaranteed.’’ experience, as I said. Mr. Bolton does The ACTING PRESIDENT pro tem- Treaties are not the only means of have foreign policy experience, pore. The Senator has 12 minutes. ensuring arms control reductions, but though—I do not think we should un- Mr. BIDEN. Mr. President, I rise to in the last 50 years treaties and agree- derestimate that—at the Agency for oppose the nomination of John Bolton ments have provided the foundation for International Development and as As- to be Under Secretary of State for advancing U.S. arms control and non- sistant Secretary of State for Inter- Arms Control and International Secu- proliferation objectives. From the Nu- national Organizations. He has held rity. I do so for several reasons. I say clear Non-Proliferation Treaty to the those posts. at the outset—and I have said to my START treaties, from the Chemical In the State Department, he did gain friend and colleague, Senator HELMS, Weapons Convention to the Biological some experience in arms control, work- the chairman of the committee—that Weapons Convention, such agreements ing on issues related to the Inter- my opposition to John Bolton is not have been essential in containing the national Atomic Energy Agency and based on a personal concern about threat of dangerous weapons. the Organization for the Prohibition of John Bolton’s overall qualifications. Mr. Bolton has supported some arms Chemical Weapons, but these activities He is an intelligent, bright, decent, and control treaties, I might add, including were hardly a major part of his duties. honest man. Notwithstanding an edi- the Chemical Weapons Convention, In the last 8 years, Mr. Bolton has torial in one of the major newspapers where he and I were on one side, and written extensively on foreign policy, in this country, there is nothing incon- the chairman was on the other side. but he wrote very little about arms sistent about that in my opposing the But his sweeping statements deriding control. That is not a bad thing, but it nomination of him relating to this spe- the importance of arms control leave still leaves us with a person with little cific position. me uneasy about his commitment to experience in the arms control field, to I want my colleague from North the task. which many of our senior people devote Carolina to know that my opposition is My discomfort level is increased by their entire careers. based—and which he will soon hear, Mr. Bolton’s questioning of whether Chairman HELMS has cited a letter and he knows because we have talked treaties are even binding. He wrote: from former Directors of the Arms about it—on Mr. Bolton’s views on [W]hile treaties may well be politically or Control and Disarmament Agency in arms control primarily. This is a de- even morally binding, they are not legally support of Mr. Bolton. The signatory of cent and an honorable man, but I think obligatory. They are just not ‘‘law’’ as we ap- that letter most recently in the arms he is the wrong man for this job. prehend the term. control job is a man named Ron Leh- I add at the outset, I think his views Similarly, Mr. Bolton once testified man. I wish we had someone of Mr. on some of the major issues in the area to Congress—recently; as a matter of Lehman’s experience before us. of foreign policy are at odds with the fact, in the last several years—that I might add, Mr. Bolton is just as stated views of the Secretary of State, treaties are ‘‘political’’ and ‘‘not le- bright. This is a fellow who is a Yale although I am certain the Secretary of gally binding, to the extent that they undergraduate, went to Yale Law State supports Mr. Bolton. I am not purport to affect relations among na- School, and is an extremely bright fel- implying that there is opposition with- tional governments.’’ low. But he does not have Mr. Leh- in the State Department to Mr. Bolton. In response to a written question, he man’s experience. Let me give you the reasons, as brief- stated the matter a bit differently, say- When Mr. Lehman was nominated in ly as I can, that I am concerned about ing, ‘‘I believe that treaties bind the 1989, he had already held three jobs Mr. Bolton’s views on arms control. United States,’’ which I have difficulty, with firsthand arms control experience He comes to the Senate with an ex- quite frankly, squaring with his pre- before he was nominated. He was As- tensive record of Government service vious writings. sistant Secretary of Defense for Inter- but a very limited record in arms con- If confirmed, Mr. Bolton would super- national Security Policy, where he trol and nonproliferation matters, vise some of the most important treaty dealt with U.S. nuclear policy, arms which, as the Presiding Officer knows, obligations. I find Mr. Bolton’s views control, space policy, and technology is an extremely complicated area—ex- on those issues relating to treaty obli- transfer controls. He was the chief U.S. tremely complicated area. gations very troubling—very troubling. negotiator on strategic nuclear arms; What we do know about Mr. Bolton’s I am also concerned about Mr. that is, the START talks. And he was views on arms control and non- Bolton’s limited experience in arms the Senior Director at the National Se- proliferation matters suggests an indi- control. By law, the Under Secretary is curity Council for Defense Programs vidual who questions the relevance of the senior assistant to the Secretary of and Arms Control. This man came with arms control agreements. State in matters ‘‘related to inter- an incredible amount of experience. In My friend from North Carolina, the national security policy, arms control, short, Mr. Lehman was literally chairman of the committee, questions and non-proliferation.’’ steeped in arms control. the relevance of the arms control As a matter of fact, in the reorga- On other foreign policy issues, Mr. agreements, and I find him to be an ex- nization effort spurred and led by my Bolton has been outside the main- tremely qualified Senator. We just dis- friend from North Carolina, the chair- stream. He has called for diplomatic agree on the issue. I would vote for him man of the committee, we moved this recognition of Taiwan, a position at for just about anything. I would prob- position into the State Department. It odds with three decades of American ably vote for him even for this posi- used to sit outside the State Depart- diplomacy—and contrary to the position, but maybe I would not. This is ment. This was supposed to be—and is tion of this administration.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4458 CONGRESSIONAL RECORD — SENATE May 8, 2001 Mr. Bolton once wrote that the wars former Senator Baker, the majority and he says it well, which is precisely in Kosovo and Chechnya involved ‘‘no leader, Mr. Cutler, a top lawyer in what is needed at the State Depart- tangible national interest.’’ In the Democratic administrations, a bipar- ment. committee hearing, he changed his tisan group, saying the most dangerous Mr. Bolton comes to this position at tune a bit, saying that there was no threat we face is loose nukes in the So- a crucial time because he will confront vital national interest in the Balkans. viet Union. They predicted that there many security issues, not the least of Nonetheless, I am concerned that Mr. is an incredibly greater likelihood which is President Bush’s pledge to Bolton’s consistent criticism of the there would be a nuclear, chemical, or build and deploy a missile defense sys- NATO action in Kosovo indicates a biological weapon used in the United tem. Proceeding with that plan will re- lack of commitment to the stability of States as a consequence of the inad- quire close consultation with our allies Southeastern Europe—a position I find equacy of the Russian system pro- and much hand holding with Russia. unacceptable for the person who would tecting those systems than there was John Bolton’s extensive experience in supervise security assistance programs from anything else that could happen building international support for U.S. to the region. and suggested a robust investment in positions—remember his service as As- I am concerned, finally, about Mr. our policy to deal with nonprolifera- sistant Secretary of State for Inter- Bolton’s diplomatic temperament for tion issues, particularly as they stem national Organizations—will serve him this position, which involves the man- from the disorganization combined and the country well. agement of complex negotiations in a with the incredible array of weaponry John Bolton comes with high rec- wide range of arms control and non- lying around Russia. ommendations and endorsements of proliferation issues. Stated another In the questioning, particularly by some of the Nation’s most distin- way: It takes the patience of Job. I am our colleague from Florida, it became guished foreign policy experts. Four not sure how good I would be in the po- pretty clear that Mr. Bolton does not former Directors of the Arms Control sition. These are sensitive and difficult share that sense of urgency at all. He is and Disarmament Agency have written negotiations. Mr. Bolton’s penchant for in charge of the nonproliferation side, to endorse John Bolton. I ask unani- inflammatory rhetoric gives me pause the man who will be advising the Sec- mous consent that these letters be about his ability to handle this task. retary of State. printed in the RECORD at the conclu- Following defeat of the Comprehen- For all those reasons, I reluctantly sion of my remarks. sive Test Ban Treaty, Mr. Bolton cast my vote against Mr. Bolton. As I The PRESIDING OFFICER. Without heaped scorn on proponents of the said, we have been on opposite sides of objection, it is so ordered. Treaty—I don’t take that personally— issues, he and I, for a long time. When (See Exhibit 1.) who expressed concerns that its defeat I was chairman of the Judiciary Com- Mr. HELMS. I also have at hand a marked an isolationist turn for the mittee, he was the main man pushing letter written and signed by former United States and might lead to accel- nominations for the Administration. Secretaries of State Henry Kissinger, erated nuclear proliferation. We were butting heads all the time. I Jim Baker, and Larry Eagleburger, He wrote that such fears are ‘‘indica- learned to respect his intelligence, I among others, urging John Bolton’s tions of a profoundly misguided and po- learned to respect his drive, and I confirmation by the Senate. I ask tentially dangerous philosophy in learned to respect how tough he was. It unanimous consent that the letter be American foreign policy,’’ and said is not that I don’t know Mr. Bolton. I printed in the RECORD. that such analysis is ‘‘timid and neo- know him in that capacity. This is a There being no objection, the letter pacifist.’’ He has a right to say that, different capacity. It requires a dif- was ordered to be printed in the but it is not the language of or tem- ferent temperament and a different at- RECORD, as follows: perament of people who have been in titude in order to promote what I be- APRIL 24, 2001. that position. Well, this senator ex- lieve to be the single most important Hon. TRENT LOTT, pressed those fears, as did some of my job for someone carrying this portfolio Senate Majority Leader, U.S. Senate, Wash- colleagues. within the State Department. ington, DC. Mr. Bolton once said that ‘‘Repub- I urge my colleagues to vote no, al- DEAR MR. LEADER: We support the nomina- licans are adults on foreign policy though I must tell the Senate, I have tion of John Bolton to serve as Under Sec- questions, and we define what we’re done no whipping. I have not checked retary of State for Arms Control and Inter- national Security, and hope that the Senate willing to do militarily and politically in terms of who is where on any of will move rapidly to confirm him for that po- by what is in the best interests of the these votes. I want to make it clear sition. John is knowledgeable, intelligent, United States.’’ Is he seriously imply- why I am voting no on this nomina- experienced, and is clearly well qualified. In ing that Democrats are not adults on tion. prior government positions as Assistant Sec- foreign policy questions and do not I thank the Chair. I see my friend retary of State and Assistant Attorney Gen- worry about the best interests of the and chairman is prepared to speak. I eral, he has acquitted himself well and United States? yield the floor. served our country admirably. He will do no less as Under Secretary for Arms Control. What does that suggest about his The PRESIDING OFFICER (Mr. EN- We are strong supporters of the proposition ability to work with Democratic Sen- SIGN). The Senator from North Caro- that a President should have the right to ators? lina. choose his senior advisors and is entitled to This kind of inflamed rhetoric is Mr. HELMS. Mr. President, I ask surround himself with those who share his what we might expect on talk radio, unanimous consent that it be in order beliefs. We well understand that some may but we do not expect to hear it in dip- for me to deliver my remarks seated. not agree with the President’s position on lomatic rooms of the Department of The PRESIDING OFFICER. Without various matters or with certain views that State. objection, it is so ordered. John has expressed over the years. But we I believe Mr. Bolton is a capable per- Mr. HELMS. I thank my distin- must observe that all Administration appointees are expected to advocate the poli- son. I respect his intellect and his will- guished friend, JOE BIDEN, for the depth of his explanation. cies of the President, regardless of their own ingness to serve. But I think he is the personal views. wrong person for this job. Mr. President, I feel obliged to say at John has been a thoughtful scholar and The job of Under Secretary for Arms the outset that of all the talented and also a prolific writer, and contributed sig- Control and International Security is a well-qualified nominees whom Presi- nificantly to our national-security policy de- critical one—its incumbent has the dent Bush has selected for senior for- bate. We, ourselves, are periodic contribu- lead responsibility in the State Depart- eign policy positions in his administrators to newspapers and journals. Such writ- ment on arms control and non-pro- tion, John Bolton, in my judgment, ing affords authors a precious opportunity to liferation. I do not believe Mr. Bolton emerges as one of the best and the take strong positions on issues, and to pro- wisest. He is a patriot, a brilliant mote an open and free discussion with other has the vision or the experience nec- scholars and practitioners. If anything we essary for this position. thinker, and a talented writer. But need more such debate, and more original One final thing that concerns me most important, John Bolton has the analysts in government, not fewer. Neither about Mr. Bolton is his lack of enthu- courage of his convictions. He says this President nor future Presidents should siasm for the proposal put forward by what he means he means what he says, be deprived of the services of men and

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4459 women of conviction, who are prepared to Undersecretary of State for Arms Control Supporters of Israel often look at the U.N. test their views in the marketplace of ideas. and International Security. with a jaundiced eye, given the harsh, dis- We believe it essential for the Senate to During his tenure as Assistant Secretary criminatory treatment that country has conform rapidly the President’s national se- of state for International Organizations, Mr. been subject to over a period of more than curity team. There is much important work Bolton played a leading role in the successful five decades. Nevertheless, many of us under- to be done, and we believe that the nation is 1991 US effort to repeal the infamous ‘‘Zion- stand the important role that organization best served by an Administration that is ism-is-racism’’ resolution. can play, once reformed and freed from the fully staffed as soon as possible. While there may be some policy areas hypocrisy that the Zionism-Racism resolu- Sincerely, where we will differ, John Bolton has dem- tion represented. David Abshire, James A. Baker III, Rich- onstrated both the commitment and integ- We speak as an organization that was in- ard Allen, Frank Carlucci, Lawrence rity to advance United States interests. vited to San Francisco to participate in the Eagleburger, Henry A. Kissinger, Sincerely, founding of the U.N. in 1945, and which, since Caspar Weinberger, Max M. ABRAHAM H. FOXMAN, the late fifties, has maintained a full time Kampelman, Helmut Sonnenfeldt, National Director. U.N./NGO office in New York, and which is James Woolsey. represented at U.N. bodies in Paris, Geneva, THE CUBAN AMERICAN Vienna and Santiago. Mr. HELMS. Mr. President, isn’t it NATIONAL FOUNDATION, I urge the Senate’s expeditious support for significant that so many of our Na- Washington, DC, April 25, 2001. Mr. Bolton’s nomination. tion’s leading and senior foreign policy Hon. JESSE HELMS, Sincerely, experts declare in writing and other- Chairman, Senate Foreign Relations Committee, DANIEL S. MARIASCHIN. wise that John Bolton is eminently 450 Dirksen SOB, Washington, DC. qualified for the responsibilities for DEAR SENATOR HELMS: I would like to offer JEWISH INSTITUTE FOR which the President has nominated my strongest possible endorsement on behalf NATIONAL SECURITY AFFAIRS, of John Bolton for Undersecretary of State Washington, DC, April 17, 2001. him? Of course, the issue is not Mr. for Arms Control and International Security Hon. JESSE HELMS, Bolton’s arms control expertise. The Affairs. U.S. Senate, Dirksen Senate Office Building, issue here is that some Senators oppose Over the years, Mr. Bolton has been a Washington, DC. President Bush’s policy on various champion of freedom worldwide and a pas- DEAR SENATOR HELMS: It is my pleasure to matters and particularly the one in- sionate defender of U.S. interests around the write you in support of the confirmation of volving missile defense. I also suspect globe. His past experience in senior-level po- John Bolton as Under Secretary of Arms sitions at the State and Justice Depart- that there are some Senators who just Control and International Security. Mr. ments, AID, and the International Religious Bolton is greatly admired and respected for don’t like the fact that the administra- Freedom Commission make him uniquely his outspoken advocacy of American inter- tion has put forward the nomination of qualified for such an important position. ests in foreign affairs. As Assistant Sec- a fine American who will very capably In the case of Cuba, Mr. Bolton has con- retary for International Organizations, John implement President George Bush’s sistently revealed a keen understanding of was respected and well regarded. His resume, policy. the true nature of the Castro regime and has as I know you are aware, is highly impres- The distinguished ranking Democrat forcefully rejected the current siren song sive, but not as impressive as the man it rep- that U.S. trade will magically moderate the on the Foreign Relations Committee, resents. Cuban dictator’s behavior. We believe that Mr. Bolton will be a tre- Senator BIDEN, who is my friend and His nomination is of particular interest to mendous asset to the Bush administration. with whom I work closely and pleas- us in several other ways as well. Sober ana- He is dedicated and talented, and his con- antly, put it honestly and forthrightly lysts talk of the continuing international se- firmation will enhance American diplomacy. when he said to John Bolton during curity threat Castro’s Cuba poses to U.S. in- JINSA is a non-profit non-partisan organi- John’s nomination hearing: terests, specifically in the non-conventional zation with over 20,000 members throughout ‘‘asymmetrical’’ sphere. For many years, we the United States who are committed to a This is not about your competence. My have been concerned with Castro’s involve- strong National U.S. Security. We have rep- problem with you over the years has been ment in the development of chemical and bi- resentatives from all sectors of the commu- that you are too competent. I would rather ological weapons. This is of particular inter- nity including over 200 American Admirals that you be stupid and not very effective. est to us as residents of South Florida, where and Generals. Neither of which, I say to my distin- we are within easy reach of Castro’s capabili- Sincerely, guished colleague, John Bolton will ties to cause great harm. TOM NEUMANN. ever, ever be. We are also increasingly troubled by the I respectfully suggest that Senators growing presence of Communist China in THE AMERICAN JEWISH COMMITTEE, Cuba. It is quite obvious that China is devel- should not be in the business of reject- New York, NY, April 19, 2001. oping that presence to use as leverage Hon. TRENT LOTT, ing nominees because they are too against the U.S. in its support for demo- Majority Leader, U.S. Senate, competent for the job, but I commend cratic Taiwan, as well as to serve as a stra- Washington, DC. Senator BIDEN for his clarity and hon- tegic base to make diplomatic and intel- DEAR MR. LEADER: I am writing to express esty, as always. ligence inroads all over this hemisphere. my support for the Honorable John R. I understand the opposition of some These troubling developments demand a Bolton, who has been nominated to serve our Senators to various administration man like John Bolton, a man who sees the country as Under Secretary of State for world as it really is rather than the way he policies, but I do hope my colleagues Arms Control and International Security Af- wishes it to be. Mr. Chairman, I would like fairs. will give careful consideration to the to reiterate our strongest support for John It was my privilege to have worked closely views of the Anti-Defamation League Bolton, not only for the benefit of the free- with Mr. Bolton from 1989 to 1993, when he and other nonprofit organizations dom-seeking people of Cuba and their sup- served in the Bush Administration as Assist- which have written their support for porters but also for the benefit for the ant Secretary of State for International Or- John Bolton’s nomination. United States of America as a whole. ganization Affairs. Again, I ask unanimous consent that Sincerely yours, We shared a strong interest in the United JORGE MAS, Nations and a profound concern that, as a re- letters, such as the letter from the Chairman. sult of the actions of some member states, Anti-Defamation League and the the world body was being diverted from its American Jewish Committee, which WASHINGTON, DC, central mission. can hardly be regarded as conservative April 13, 2001. In the same spirit, Mr. Bolton believed organizations, be printed in the Senator TRENT LOTT, that the adoption, in 1975, by the United Na- RECORD. U.S. Senate, S–230, The Capitol, Washington, tions General Assembly of Resolution 3379, There being no objection, the letters DC. the odious resolution equating Zionism with DEAR SENATOR LOTT: I’m writing in sup- racism, was a stain on the institution itself were ordered to be printed in the port of the nomination of John Bolton as Un- that could not be left standing, even though RECORD, as follows: dersecretary of State for Arms Control and the repeal of resolutions was essentially un- ANTI-DEFAMATION LEAGUE International Security. heard of in the annals of the U.N. OF B’NAI B’RITH, As Executive Vice President of B’nai To the everlasting credit of Mr. Bolton, he New York, NY, April 16, 2001. B’rith, my organization and I remain grate- spearheaded a successful American-led effort Hon. TRENT LOTT, ful to Mr. Bolton, for his tireless efforts to to repeal Resolution 3379. It took years of pa- Senate Majority Leader, U.S. Senate, Wash- seek repeal of the infamous Zionism-Racism tient planning, extraordinary persistence, ington, DC. resolution at the United Nations, during his and remarkable diplomatic savoir-faire, and DEAR SENATOR LOTT: We are writing in tenure as Assistant Secretary for Inter- it was finally accomplished in 1991. The support of the nomination of John Bolton as national Organization Affairs. lion’s share of the credit for this political

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4460 CONGRESSIONAL RECORD — SENATE May 8, 2001 and moral triumph goes to Mr. Bolton. As a the US participation in the negotiations of With thanks for your consideration, I am, result of his efforts, to many of us who care complex international treaties and in mak- Sincerely, deeply about the integrity of the United Na- ing best use of these treaties for the intended JOHN HOLUM. tions he has achieved legendary status. arms control purposes. This is of key impor- Mr. HELMS. Mr. President, I suggest I have stayed in touch with Mr. Bolton tance for the continuing struggle to curb the the absence of a quorum. since he left government service. Indeed, we proliferation of weapons of mass destruction The PRESIDING OFFICER. The have worked collaboratively under the aus- and to deal with the current proliferation pices of United Nations Watch, a non-profit problems regarding Iraq, North Korea, Iran, clerk will call the roll. watchdog agency established by the late Am- and other nations. The assistant legislative clerk pro- bassador Morris B. Abram, who served the Iraq may well be the most difficult case at ceeded to call the roll. United States with distinction under five this time. It is a fortunate coincidence that Mr. HELMS. Mr. President, I ask American presidents. At UN Watch, Mr. John Bolton was deeply involved in the for- unanimous consent that the order for Bolton, who has been an active board mem- mation of UNSCOM and the adoption of UN the quorum call be rescinded. ber, has once again demonstrated his pas- Security Council Resolutions designed to re- The PRESIDING OFFICER. Without sionate commitment to a fair and just veres Saddam’s weapons programs. This ex- objection, it is so ordered. United Nations and to a strong and effective pertise is greatly needed now as the Bush Mr. HELMS. Mr. President, what is American leadership role in international af- Administration seeks to restore the badly the pending business? fairs. eroded international support for maintaining The PRESIDING OFFICER. The From my experience, I can say without sanctions. hesitation that Mr. Bolton is an individual of Mr. Chairman, we can recommend John pending business is the Bolton nomina- keen intellect with a profound understanding Bolton to the Committee without reservation. of foreign policy, strong principles, and deep tion. He has a thorough knowledge of the Mr. HELMS. Have the yeas and nays commitment to advancement of democracy most pressing arms control and nonprolifera- been ordered? and human rights. tion issues of the day, and we hope that the The PRESIDING OFFICER. No, they I wish to thank you for your consideration Foreign Relations Committee will unani- have not. of these views. Should you require any addi- mously support his nomination. Mr. HELMS. Mr. President, I ask for tional information, please do not hesitate to Sincerely, the yeas and nays. be in touch. KENNTH L. ADELMAN, The PRESIDING OFFICER. Is there a Respectfully, FRED C. IKLE, sufficient second? DAVID A. HARRIS. Distinguished Scholar, There is a sufficient second. Mr. HELMS. Mr. President, these Center for Strategic All time has expired. The question is, & International groups support John Bolton because of Will the Senate advise and consent to his political views, because of his polit- Studies. RONALD F. LEHMAN, the nomination of John Robert Bolton, ical expertise, and because of, yes, his of Maryland, to be Under Secretary of personal moral principles. Center for Global Se- curity Research, State for Arms Control and Inter- John Bolton is precisely the kind of Lawrence Livermore national Security? On this question, citizen the United States desperately Laboratory. the yeas and nays have been ordered, needs in this difficult time to have an and the clerk will call the roll. important role in the protection of the JOHN D. HOLUM, The assistant legislative clerk called American people from the threat of Annapolis, MD, April 11, 2001. the roll. missile attack. This man is a thought- Hon. JESSE HELMS, Chairman, The result was announced—yeas 57, Hon. JOE BIDEN, Ranking Minority Member, ful scholar and an accomplished dip- nays 43, as follows: lomat and an honest and decent man. I Committee on Foreign Relations, U.S. Senate, Washington, DC. [Rollcall Vote No. 92 Ex.] urge that the Senate confirm his nomi- DEAR SENATORS HELMS AND BIDEN: I know YEAS—57 nation without further delay. that the Committee is considering President Allard Feingold McConnell Mr. President, I yield the floor. Bush’s nomination of John R. Bolton to be Allen Fitzgerald Miller EXHIBIT 1 Under Secretary of State for Arms Control Bayh Frist Murkowski Bennett Gramm Nelson (NE) MARCH 14, 2001. and International Security, the position I Bond Grassley Nickles Hon. JESSE HELMS, held during the latter days of the Clinton Administration. I congratulate you for hav- Breaux Gregg Roberts Chairman, Senate Committee on Foreign Rela- Brownback Hagel Santorum tions, Dirksen Senate Office Building, SD– ing conducted timely hearings on his nomi- Bunning Hatch Sessions 450, Washington, DC. nation. I hope the Committee will also move Burns Helms Shelby DEAR MR. CHAIRMAN: We are pleased that expeditiously to a vote, and not allow the Campbell Hutchinson Smith (NH) you have scheduled a hearing date on Presi- confirmation to be delayed over matters un- Chafee Hutchison Smith (OR) dent Bush’s nomination of John Bolton to related to Mr. Bolton’s fitness for office and Cochran Inhofe Snowe serve as Under Secretary for Arms Control qualifications for this assignment. Collins Jeffords Specter Craig Kyl Stevens and International Security. We strongly sup- No doubt Mr. Bolton and I will find many areas of substantive disagreement. However, Crapo Landrieu Thomas port the President’s selection of John Bolton DeWine Lieberman Thompson for this important position. the most relevant point bearing on his con- Domenici Lott Thurmond As former Directors of the Arms Control firmation is that he has the confidence of the Ensign Lugar Voinovich and Disarmament Agency, we believe John President of the United States and the Sec- Enzi McCain Warner retary of State. Moreover, he has been nomi- Bolton is eminently qualified to serve as NAYS—43 Under Secretary. He brings a wealth of nated for a position with vital responsibil- knowledge to the position as an expert in ities bearing on our national security, in- Akaka Dodd Lincoln cluding advancing our efforts against the Baucus Dorgan Mikulski international law and a great deal of rel- Biden Durbin spread of weapons of mass destruction, lead- Murray evant practical experience as a former As- Bingaman Edwards Nelson (FL) ership in formulating and articulating U.S. sistant Secretary of State for International Boxer Feinstein Reed Organizations. arms control policy, assessing compliance Byrd Graham Reid He has acquired a great deal of experience with arms control agreements, and over- Cantwell Harkin Rockefeller with multinational organizations which have seeing security assistance and munitions ex- Carnahan Hollings Sarbanes Carper Inouye gained in importance for arms control and ports controls. He also faces the task of ful- Schumer Cleland Johnson disarmament, relative to the bilateral fo- filling the potential of our reorganization of Stabenow Clinton Kennedy Torricelli rums that dominated the evolution of arms the Arms Control and Disarmament Agency Conrad Kerry control during the Cold War. Also, he is well into the Department of State, and keeping Corzine Kohl Wellstone suited to work with regional organizations arms control and nonproliferation central to Daschle Leahy Wyden that are pursuing arms control agendas, such the Department’s mission. Dayton Levin as the Organization of American States So long as the Under Secretary position is The nomination was confirmed. (which deals with the convention on illicit not filled, the Department’s capacity in Several Senators addressed the weapons trafficking). His prior services as these areas will be diminished, and the Ad- ministration’s ability to advance U.S. inter- Chair. Assistant Secretary of State also acquainted The PRESIDING OFFICER. The Sen- him with the International Atomic Energy ests in the world, including in the vast ma- Agency, and the then emerging structure of jority of matters on which we can all agree, ate will be in order. the Organization for the Prohibition of will be lessened. Therefore, I strongly en- The Senator from Alaska. Chemical Weapons. courage the Committee and the full Senate Mr. MURKOWSKI. Mr. President, I As an experienced international lawyer, to act without delay on John Bolton’s nomi- would like to point out to the leader- John Bolton is superbly qualified to guide nation. ship and to the Members, this vote

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4461 took 35 minutes. Many of us have hear- resume consideration of S. 1, which the The Senator from Massachusetts. ings on the budget. We have nominees clerk will report by title. Mr. KENNEDY. Mr. President, I hope for various Secretary positions wait- The assistant legislative clerk read the Craig amendment will be defeated. ing. I think it is unreasonable to have as follows: This is really putting the cart before a 35-minute vote. A bill (S. 1) to extend programs and activi- the horse. If you adopt the Craig I yield the floor. ties under the Elementary and Secondary amendment, you are effectively saying The PRESIDING OFFICER. The Sen- Education Act of 1965. there will not be any funding at all for ator from Wyoming. Pending: the development of quality testing and Jeffords amendment No. 358, in the nature f accountability systems. of a substitute. President Bush has proposed a three- ORDER OF PROCEDURE Craig amendment No. 372 (to amendment fold increase in three times the amount No. 358), to tie funding under the Elementary Mr. THOMAS. Mr. President, I ask and Secondary Education Act of 1965 to im- of reading funding. That will not be unanimous consent that the next votes proved student performance. available for children if the Craig in the series be limited to 10 minutes Kennedy modified amendment No. 375 (to amendment is adopted. Effectively, each. amendment No. 358), to express the sense of this amendment undermines what The PRESIDING OFFICER. Is there the Senate regarding, and to authorize ap- President Bush has stated are his goals propriations for title II, part A, of the Ele- in terms of trying to get increased ac- objection? mentary and Secondary Education Act of Mr. BYRD. Mr. President, reserving countability, better testing, and in- 1965, with respect to the development of creased support for education. That the right to object. high-qualified teachers. The PRESIDING OFFICER. The Sen- Kennedy (for Murray) amendment No. 378 will all be prohibited under the Craig ator from West Virginia. (to amendment No. 358), to provide for class amendment. Mr. BYRD. May we have order. size reduction programs. What we are trying to do is match re- Mr. KENNEDY. Mr. President, may Kennedy (for Mikulski/Kennedy) amend- sources to responsibility. That is the ment No. 379 (to amendment No. 358), to pro- we have order. The Senate is not in change in this whole bill. We are vide for the establishment of community matching those two concepts. And that order, Mr. President. technology centers. The PRESIDING OFFICER. The Sen- Allen/Warner amendment No. 380 (to makes sense. But under the Craig ate will be in order. amendment No. 358), to provide for a sense of amendment, you will be denying the The Senator from West Virginia. the Senate regarding education opportunity President’s program in increased read- Mr. BYRD. Mr. President, may I have tax relief to enable the purchase of tech- ing and the President’s program in the attention of the Senators. nology and tutorial services for K–12 edu- terms of accountability. It puts the cation purposes. The PRESIDING OFFICER. The Sen- cart before the horse and makes no Kennedy (for Dodd) amendment No. 382 (to sense. I hope it will be defeated. ate will be in order. If Members have amendment No. 358), to remove the 21st cen- conversations, please take them off the tury community learning center program Mr. CRAIG. Mr. President, I ask for floor. from the list of programs covered by per- the yeas and nays. Mr. BYRD. Mr. President, a unani- formance agreements. The PRESIDING OFFICER. Is there a mous consent request is before the Sen- AMENDMENT NO. 372 sufficient second? ate to limit each of the next two votes The PRESIDING OFFICER. There There is a sufficient second. to 10 minutes each. are now 2 minutes equally divided on The yeas and nays were ordered. Mr. THOMAS. Yes. the Craig amendment. The PRESIDING OFFICER. The Mr. BYRD. Mr. President, with all The Senator from Idaho. clerk will call the roll. due respect to the Senator who pro- Mr. CRAIG. Mr. President, I assume Mr. BYRD addressed the Chair. pounds this request, every Senator we are now proceeding on the Craig The PRESIDING OFFICER. The Sen- knows nobody is going to pay any at- amendment, with 1 minute for each ator from West Virginia. tention whatsoever to that request if it side. Mr. BYRD. Mr. President, I ask unan- is granted—nobody. I have seen this The PRESIDING OFFICER. The Sen- imous consent to proceed for 3 min- happen too many times. I would love to ator is correct. utes. The PRESIDING OFFICER. Is there see some 10-minute rollcall votes here, Mr. CRAIG. Mr. President, I encour- objection? but it is a joke. It is a joke to agree to age my colleagues to support the Without objection, it is so ordered. 10-minute votes, and then forget about amendment I have put before the The Senator from West Virginia. them, and go on and have 20 minutes, Chamber. It does not cut a program. It Mr. BYRD. Mr. President, I support or 25 minutes, or 37 minutes, as was the does not even take out the cost of liv- what the distinguished Senator is try- case in the previous vote. ing or an annualized increase based on ing to accomplish. I think it is about Now, I am not going to object in this that. What it says is that the Federal time we let the States know they are case. Perhaps it will work this time. I Government and the Department of going to have to do better; that they hope it will. But I am going to pay Education and educational programs are going to have to measure up. I can- close attention. I remove my reserva- will no longer reward mediocrity. In title I, over the last 30 years, we not, however, coming from a poor tion. have put in $120 billion and poor kids State, summarily cut this off. When I The PRESIDING OFFICER. Is there are still lower in achievement than use the word ‘‘summarily,’’ I realize we objection? middle-income kids who are outside have had 35, 36 years in which to ac- Without objection, it is so ordered. the program. It failed. In this edu- complish these things. But I do think The PRESIDING OFFICER. Under cation bill before us, we are trying to they ought to be warned ahead of time. the previous order, the motion to re- change that. Mr. CRAIG. Will the Senator yield? consider is laid on the table, and the All I am saying is, if you do not Mr. BYRD. Yes. President will be immediately notified measure up, and if the States do not Mr. CRAIG. This Senator’s amend- of the Senate’s action. improve the environment in which kids ment would not cut any program. It f are learning—in other words, if kids do would allow continued funding at that LEGISLATIVE SESSION not improve—and it is measured by the level. It does not reward by allowing tests and the standards within this the increases in the spending. That is The PRESIDING OFFICER. The Sen- bill—then no more Federal money goes what is important. The Senator from ate will now return to Legislative Ses- out. In other words, we will not con- Massachusetts mentioned that nothing sion. tinue to fund mediocrity. We will set a would go forward. He is wrong. Every- f standard and a precedence where im- thing goes forward, and the measure- provement in our young people means ments are in place. BETTER EDUCATION FOR we will reward that improvement with What we are saying is, we are strong STUDENTS AND TEACHERS ACT the use of the Federal tax dollars. and definitive in saying that if you do The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Sen- not improve, you do not get the addi- the previous order, the Senate will now ator’s time has expired. tional money.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4462 CONGRESSIONAL RECORD — SENATE May 8, 2001 Mr. BYRD. Mr. President, at some fu- Gregg Kyl Smith (NH) There is a sufficient second. Hatch Nickles Thomas ture time, I may support what this Helms Santorum Thompson The question is on agreeing to amendment is trying to accomplish. I Inhofe Shelby Thurmond amendment No. 375, as modified. The think that we should have more ac- clerk will call the roll. NAYS—73 countability by the states. I also be- The assistant legislative clerk called Akaka Durbin Mikulski the roll. lieve that we may need to reevaluate Baucus Edwards Miller how Title I funds are used in the Bayh Feingold Murkowski The result was announced—yeas 69, states. That being said, I do not think Biden Feinstein Murray nays 31, as follows: that this amendment is the proper way Bingaman Graham Nelson (FL) [Rollcall Vote No. 94 Leg.] Boxer Hagel to tie funding to achievement. I rep- Nelson (NE) YEAS—69 Breaux Harkin Reed resent a low-income state where Title I Byrd Hollings Reid Akaka Dodd Lieberman Campbell Hutchinson funds make up $76.5 million of the Roberts Allen Dorgan Lincoln Cantwell Hutchison money spent on education. By threat- Rockefeller Baucus Durbin McCain Carnahan Inouye Bayh Edwards McConnell ening to freeze funding until the Carper Jeffords Sarbanes Schumer Biden Ensign Mikulski schools improve, I fear we may be tak- Chafee Johnson Bingaman Feingold Miller Sessions Cleland Kennedy Boxer Feinstein Murray ing away the very tools necessary to Smith (OR) Clinton Kerry Breaux Graham Nelson (FL) achieve the improvement that we all Snowe Cochran Kohl Byrd Grassley Nelson (NE) seek both in our schools and our stu- Collins Landrieu Specter Campbell Harkin Reed dents. I like what the Senator is say- Conrad Leahy Stabenow Cantwell Hatch Reid ing, but I am going to vote against his Corzine Levin Stevens Carnahan Hollings Rockefeller Daschle Lieberman Torricelli Carper Hutchinson Sarbanes amendment at this time. Basically, I Dayton Lincoln Voinovich Chafee Hutchison Schumer have not heard enough of this debate. DeWine Lott Warner Cleland Inouye Sessions And this is one thing that is wrong. Let Dodd Lugar Wellstone Clinton Jeffords Smith (OR) Domenici McCain me underline that. This is one thing Wyden Cochran Johnson Snowe Dorgan McConnell Collins Kennedy Specter that is wrong with the stacking of the The amendment (No. 372) was re- Conrad Kerry Stabenow amendments. Corzine Kohl Torricelli jected. I have already stated my opposition Daschle Landrieu Warner Mr. BYRD. Mr. President, how many Dayton Leahy Wellstone to the stacking of the amendments. minutes were required for that rollcall? DeWine Levin Wyden Sometimes there is justification for The PRESIDING OFFICER. Sixteen NAYS—31 stacking votes, and sometimes I will and a half minutes. not object to it. But in the future, I am Allard Frist Roberts Mr. BYRD. Sixteen and a half min- Bennett Gramm going to object more than I have in the Santorum utes on a 10-minute rollcall. We are Bond Gregg Shelby past. It is demeaning to the Senator doing better. Brownback Hagel Smith (NH) who offers the amendment. It is de- Bunning Helms Stevens AMENDMENT NO. 375, AS MODIFIED Burns Inhofe Thomas meaning to the amendment itself to be Craig Kyl limited to 2 minutes before we vote on The PRESIDING OFFICER. On this Thompson Crapo Lott Thurmond amendment there are 2 minutes equal- Domenici Lugar it. And it is demeaning to the Senate. Voinovich When it comes to stacking votes so ly divided. The Senator from Massa- Enzi Murkowski Fitzgerald Nickles as to allow Senators to be away on a chusetts. Monday or be away on Fridays, I am Mr. KENNEDY. Mr. President, one of The amendment (No. 375), as modi- going to be hard to get along with in the very important features of this leg- fied, was agreed to. that regard. I hope that what I am say- islation is upgrading the skills of un- AMENDMENT NO. 380 ing will let every Senator know that in qualified teachers who are teaching Mr. JEFFORDS. Mr. President, I ask the future I will frequently object to poor children and also making sure for the regular order on this pending the stacking of votes. This is a bad way that new recruits are going to be quali- Allen amendment No. 380. to legislate. fied teachers. The PRESIDING OFFICER. The This particular amendment ought to This legislation guarantees schools amendment is now pending. have more debate than it is getting. It that have 50 percent poor children will Mr. BYRD. Mr. President, I want the may have had some debate—I don’t have a qualified teacher in every class- Senate to know that I voted twice on know—on Friday. I am not sure. I had room in 4 years. the previous vote. I was standing here to take my wife on Friday to a pul- This amendment says that we should by Mr. KENNEDY when I raised my monary expert. I couldn’t be here. But fully fund the $3 billion which is in the hand, which I usually do. I was not be- other Senators weren’t here either. It authorization to make sure all the hind my desk, as I usually am. is demeaning to come out here and teachers who are going to be teaching I am not complaining about any- offer an amendment on Friday with a poor children are qualified. It says we thing. I am not criticizing anybody. I shirttailful of Senators present, maybe ought to add $500 million each addi- just want the Senate to know that I two, maybe three, and few press people. tional year, so that in the last year voted. Normally, I do not hold up the The PRESIDING OFFICER. The Sen- there will be a total of $6 billion a year Senate. ator’s time has expired. in funding, necessary to provide con- I thank the Senate. I thank the tinued professional development to Mr. BYRD. I thank the Chair. I will Chair. every techer, every year in a high pov- have to vote against the Senator’s The PRESIDING OFFICER. Is there erty classroom. amendment today, but I compliment further debate on the pending amend- There are 1,500,000 teachers who him for trying to do something. Let’s ment? If not, the question is on agree- teach poor children; 750,000 are undo it later. ing to the amendment. qualified today. This amendment will The PRESIDING OFFICER. The The amendment (No. 380) was agreed ensure that we continually upgrade the question is on agreeing to amendment to. skills of every one of them. No. 372. The yeas and nays have been Mr. KENNEDY. Mr. President, I The PRESIDING OFFICER. The Sen- ordered. The clerk will call the roll. move to reconsider the vote. ator’s time has expired. Who yields The legislative clerk called the roll. Mr. JEFFORDS. I move to lay that time? motion on the table. The result was announced—yeas 27, Mr. JEFFORDS. Mr. President, I The motion to lay on the table was nays 73, as follows: yield back our time. agreed to. [Rollcall Vote No. 93 Leg.] The PRESIDING OFFICER. All time Mr. KENNEDY. I thank the Chair. YEAS—27 is yielded back. Mr. President, I thank all of our Allard Bunning Enzi Mr. KENNEDY. I ask for the yeas and Members for their presence and for Allen Burns Fitzgerald nays. their cooperation. Bennett Craig Frist Bond Crapo Gramm The PRESIDING OFFICER. Is there a We now have the Senator from Wash- Brownback Ensign Grassley sufficient second? ington on an extremely important

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4463 amendment. We hope the Senate will over the last 3 years in making class- those with 13 to 17 students—signifi- give careful attention to this amend- rooms across the country less crowded cantly outperform other students in ment. This is one of the most impor- and more productive. My amendment math and reading. It also found that tant amendments we will have to this will ensure that we keep our commit- students in small classes have better legislation. I am enormously grateful ment to help local school districts hire high school graduation rates, higher to the Senator from Washington for 100,000 new teachers so that students grade point averages, and they are her leadership on smaller class size. I can get the time and the attention more inclined to pursue higher edu- am sure she was reassured again today they need and deserve in our class- cation. Certainly those are goals. when we read the front page of the rooms. Every one of us in the Senate Chamber Washington Post and saw what was We know that smaller classes help has stated that we want that for our happening in Prince George’s County. kids learn the basics with fewer dis- children in our school systems in this The test scores show the best gains. cipline problems. country. When the local Superintendent of Just this year we also learned that Another critical study, the Wisconsin schools was asked about the factors smaller classes resulted in better SAGE study, consistently proved that that were most important in making scores on standardized tests and a smaller classes result in significantly progress, she quickly indicated that higher likelihood of taking college en- greater student achievement. smaller class size in the early grades trance exams and a lower teen preg- Just two months ago, in March, we was one of the most important aspects nancy rate. got more good news. Dr. Alan Krueger leading to the children’s progress. As managers of the taxpayer dollars, of Princeton University found there are Mr. President, I ask unanimous con- we should invest in ideas that work. long-term social benefits of being in a sent that the full Washington Post ar- We know that smaller classes help our smaller classroom, including better ticle be printed in the RECORD after students learn. scores on standardized tests, a higher Senator MURRAY’s remarks. Unfortunately, the underlying bill propensity to take college entrance Senator WARNER spoke to me and combines funding for class size reduc- exams, a lower teen pregnancy rate, would like to join me in that request. tion and teacher quality into one pool. and possibly a lower crime rate for The PRESIDING OFFICER. Without As a result, local school districts would teens. objection, it is so ordered. have to choose, under this bill, between Those are the types of benefits we (See exhibit 1.) providing smaller classes or funding want for every one of our students. But The PRESIDING OFFICER. The teacher quality. They shouldn’t have you do not need research to know that Chair recognizes the Senator from to choose one or the other. We should smaller classes help. Just talk to par- Washington. fund both. It has always been impor- ents or teachers or talk to the students AMENDMENT NO. 378 tant to invest in the things that work themselves. Mrs. MURRAY. Mr. President, I call in the classroom. This year it is even I have been in classrooms where this up amendment No. 378. more important as I look at the rest of funding has reduced overcrowding. It The PRESIDING OFFICER. The the underlying bill. makes a difference. I recently received amendment is now the regular order. Since President Bush plans to punish an e-mail from Kristi Rennebohm Mrs. MURRAY. Mr. President, I schools that do not improve, we have Franz. Kristi teaches at Sunnyside Ele- thank Senator KENNEDY for his work to make sure that schools have the mentary School. I also should mention on class size, too. I saw the article in proven tools they need, such as smaller that Kristi is one of our best educators. the Washington Post today. It shows classes, to help our children learn. She received a Milken National Teach- that the debate we are about to have Before I continue, I want to share a er’s Award. She received the Presi- on the class size amendment is ex- personal reflection about what we are dential Award for Excellence in Teach- tremely critical. We know it makes a doing on education this month. As we ing Elementary Science, and the Peace difference in our children’s classrooms. update the Elementary and Secondary Corps World Wise Schools Paul D. We have had tremendous progress. Education Act, we are creating a blue- Coverdell Award for Excellence in Edu- I hope that our colleagues will listen print of how we are going to support cation. Those are some of Kristi’s cre- carefully to the debate as we bring it excellence in schools across the coun- dentials. forward because it is an important part try. Mr. President, I ask unanimous con- of education. It is what parents are As a parent and as a former educator, sent that her entire letter be printed in looking for. It is what we are demand- I cannot imagine smaller classes not the RECORD at the conclusion of my re- ing of our students—achievement. being a part of that blueprint. It just marks. I appreciate the words of the Senator does not make sense. Right now, this The PRESIDING OFFICER. Without from Massachusetts, and I look forward bill leaves behind targeted funding for objection, it is so ordered. to the debate we are about to have. smaller classes. My amendment cor- (See exhibit 2.) Mr. President, I ask unanimous con- rects that failure and tells students, Mrs. MURRAY. Mr. President, 10 sent that the following Senators be teachers, and parents across the coun- years ago, when Kristi started as a added as cosponsors to my amendment: try that we know they are concerned teacher, she promised herself that she Senators BAUCUS, BIDEN, BINGAMAN, about overcrowded classrooms, we would take time each day to listen to CLINTON, CORZINE, DODD, FEINGOLD, know they want help in hiring new her students and to understand their HARKIN, KENNEDY, REED of Rhode Is- teachers, and we are going to honor our needs. Kristi writes to me now: land, and WELLSTONE. responsibility to pay for them. It is a promise that can only come true if The PRESIDING OFFICER. Without I want to talk this morning about the we have small enough classes with enough objection, it is so ordered. difference that smaller classes can qualified teachers in place to meet the indi- Mrs. MURRAY. Mr. President, right make according to research and ac- vidual learning needs of each child.... now in classrooms across our country cording to parents and teachers. We She continues: students are gathering. Right now know that too many classes are over- . . . because of the sheer numbers of chil- teachers are beginning his or her les- crowded with growing enrollment and dren in our classroom, it is not humanly pos- son, and those students in that class- limited space. Too many students are sible to have the educational conversations I room probably do not know the spe- trying to learn in classrooms that are need and want to have with each child to best assess their understandings, struggles, cifics of the debate that we are about packed to capacity, where they have to challenges, and progress that can inform to have. They probably are not familiar fight just to get a teacher’s attention. where the next day’s learning needs to go. with the amendment I am about to And too many teachers are spending She says: offer. But I will promise you one thing. time on crowd control instead of spend- Those students will realize the impact I can’t tell you how frustrating it is to ing time on curriculum. know how to teach and not be able to do the of how the Senate votes on this class Over the years, major studies have very best teaching every moment because it size amendment. found that smaller classes boost stu- is difficult with too large a class and without Today, I am offering an amendment dent achievement. The STAR study enough teachers on board as a team to meet to continue the progress we have made found that students in small classes— the learning needs of the children.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4464 CONGRESSIONAL RECORD — SENATE May 8, 2001 Mr. President, let’s show Kristi and This program sends Federal dollars to punish those who don’t, now is the thousands of hard-working teachers school districts across the country so time to increase our investment in that we do support them and want they can hire new, fully qualified smaller class sizes. That is what this them to be able to do their best in teachers in grades K–3. amendment does. uncrowded classrooms. And let me remind my colleagues This week we are talking about many I have talked about the research, and that this is a voluntary program. No different education issues from ac- I have shared a teacher’s perspective, school is forced to use this money. If a countability to testing to funding. but I have one more example of the im- district wants help hiring teachers to Right now there is only one question portance of small class sizes. It comes make classrooms less crowded, they being asked by each of us as Senators: from the Houston Independent School simply apply. And there is very little Do you favor targeted funding to make District where our Education Sec- paperwork or administration. In fact, classrooms less crowded or will you retary, Rod Paige, served as their su- in my own State of Washington you take that targeted funding away from perintendent. can apply for this class size reduction your schools? How you vote on this I show my colleagues this chart. It is money over the Internet on a simple, amendment will affect millions of stu- actually from a presentation by the one-page form. dents who are trying to get a good edu- former Chief of Staff for Educational Many educators have told me that cation. Services in the Houston district, Susan they have never seen dollars get so I urge our colleagues to support this Sclafani. By the way, she currently quickly from Congress to the class- amendment by voting yes. serves as Counselor to Secretary Paige room. Local schools, under this, make EXHIBIT 1 at the Education Department. all the decisions about who to hire [From the Washington Post, May 8, 2001] Part of her presentation that I am based on their unique needs. The PRINCE GEORGE’S TEST SCORES SHOW BEST showing on this chart shows how Hous- money is also flexible. If schools have GAINS EVER ton helped turn around low-performing already reduced classroom over- 34% OF COUNTY SCHOOLS MEET U.S. BENCHMARK schools. I know we are basing a lot of crowding, they can use the money for (By Tracey A. Reeves) this education bill on what happened in teacher recruitment or for professional Prince George’s County students posted Houston at the directive of the Presi- development. Finally, and critically, their highest gains ever on a key standard- dent and Dr. Paige. They talk about these dollars are targeted to disadvan- ized test used to gauge how local children test scores, but they also are very clear taged students—who can make the measure up to their peers nationally, accord- about what made a difference in mak- most progress when they are in a pro- ing to results released yesterday. ing sure those test scores turned ductive classroom. Prince George’s has often been criticized around and that those schools im- This program has been a success for its abysmal test scores and spotty leader- proved. story for the Congress. Since 1998, we ship, but its gains on the Comprehensive On the chart, you can see that among have helped school districts across the Test of Basic Skills are the first significant academic increases the county has registered the seven things they have done in the country hire 34,000 new teachers. Over since Iris T. Metts took over as super- Houston school district was to make the past 3 years, we have made class- intendent in 1999. classrooms less crowded. They made rooms less crowded in K–3 and more According to the results, 34 percent of making classrooms less crowded one of productive for almost 2 million stu- county schools had median test scores at or the seven things to be done to improve dents. It is a program that works, and above the national average this school year, education. They know it works. we should not abandon it now. This un- compared with 21 percent last year. In fact, Houston hired 177 new teach- derlying bill does not ensure that this Of the schools tested, 82, or 63 percent, reg- ers through the Class Size Reduction overcrowding will be reduced because istered significant gains. Results also show a slight narrowing of the achievement gap be- Program that we funded at the Federal it eliminates the targeted funding for tween black and white students and between level. Houston also used the funding to class size reduction. Hispanic and white students, an added boon provide professional development for Some say that we should combined for school officials who have been struggling more than 600 teachers. That is the funding for teacher quality and class for years to close the gap. type of support we want all commu- size reduction and just let folks choose. The improved scores brought a huge sigh of nities to have. Unfortunately, that is a false choice, relief for Metts, who acknowledged yester- We know that making classes smaller and our kids will pay the price. This day that she felt vindicated by the results works. The research shows it. Parents bill—the underlying bill—pits effective and empowered to continue her changes. Metts said she hoped that county and state know it. Teachers know it. Even Sec- programs against each other and leaders would see the test scores as proof retary Paige used smaller classes to makes educators choose. In the end, that the county is serious about improving make improvements in the Houston our kids will lose if they can’t have academic achievement and that they would school district. There was not a mir- both smaller classes and qualified reward it with more funding to reduce class acle in Houston. There was hard work. teachers. We should be the ones mak- size and repair deteriorating buildings. And there was investment in what ing sure that happens. ‘‘We’re not just achieving,’’ an elated works. Class size reduction was one of Let me repeat that. Smaller classes Metts said at a celebratory news conference those investments. and qualified teachers go hand in hand. announcing the test results. ‘‘We’re achieving miraculously.’’ We should invest in the things that Educators should not have to choose The mood was indeed upbeat as school offi- we know work in the classroom. Par- between either making classes smaller cials asembled in Upper Marlboro to learn ents want to know that their Federal or improving teacher quality. They more about the results and to coax each education dollars are making a dif- need both. We should fund both. That other on in the effort to improve the school ference for students. is what this amendment would ensure. system’s rank as the second-worst in the I served on a local school board. I can Finally, I remind my colleagues that state, behind Baltimore. In the hallways, tell you that hiring new teachers is dif- there are real consequences to not pro- school system employees flashed wide grins ficult because you have to commit viding dedicated class size funding. as they toasted the gains with punch. Teach- today for a new teacher when you don’t Without my amendment, this bill could ers and their staffs, who had been summoned to county school headquarters for the news know what is going to happen 3 months put schools in an unwinnable situation conference could hardly contain their ap- down the road. with very high stakes. The underlying plause. That is one of the reasons why many bill will punish schools that do not im- Principals hugged their teachers. High- school districts have had a hard time prove. At the same time, it takes away fives were everywhere hiring new teachers on their own. For- the very tools they need to improve, ‘‘This didn’t happen by chance,’’ said tunately, they are not all on their own. and that is just wrong. Leroy Tompkins, head of instruction for Local educators have partners at the On the one hand, we are telling stu- county schools. ‘‘We achieved this by focus- State and Federal level who are work- dents to meet high standards, and on ing on what we needed to do, and it’s paid off.’’ ing together to help all students suc- the other hand this bill takes away the School Board Chairman Kenneth E. John- ceed. support they need to get there. We can son (Mitchellville), who with the rest of the That is why in 1998, Congress began do better than that. If we want our stu- board has accused of not putting the needs of the Class Size Reduction Initiative. dents to succeed and we are going to students first, praised the superintendent for

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4465 the results and said the board never doubted order for no child to be left behind. It is a team support for a child and communicating her ability. promise that can only come true if we have with parents. I spend summers reviewing the ‘‘The board always thought she could bring small enough classes with enough qualified past school year and preparing for the next. the system along,’’ Johnson said. ‘‘All we teachers in place to meet the individual I spend time taking the course work I need need to do now is stay the course.’’ learning needs of each child and to mentor to improve my teaching skills and keep my Even Maryland Schools Superintendent children in meeting the expectations we certification updated. That is what it takes Nancy S. Grasmick said she was encouraged share for them as teachers, parents, commu- to even come close to a goal of leaving no by the results, though she hesitated to clas- nity, state, and country. child behind. Yet, even with developing a sify the scores an all-out success. She is Each school day, I try to live to that prom- classroom which is being recognized as out- eager to see the results of Maryland School ise . . . and as I come to the end of each day, standing, I feel that I come up short at the Performance Assessment Program exams, I know I have come up short . . . because of end of each day in providing each of the chil- which students are taking this month. the sheer numbers of children in our class- dren in my class the full measure of what ‘‘I expect to see improvements there, too,’’ room, it is not humanly possible to have the they need, deserve, and are capable of doing. Grasmick said. ‘‘But all of these results will educational conversations I need and want to If only we had been able to have two teach- have to be sustained over a two-year period have with each child to best assess their un- ers for this many children all school year, for us to really know what’s happening derstandings, struggles, challenges, and the sky would not even be the limit for what here.’’ progress that can inform where the next these children could be accomplishing!!! Maryland requires all public school sec- day’s learning needs to go. In order to best There is no substitute for educational suc- ond-, fourth-, and sixth-graders to take the and most effectively and efficiently teach cess for all children than critically needed basic skills exam, which tests ability in primary children, I need time each day to time with an adult to teach them and enable math, reading and language arts. interact with them as individuals, in small them to soar! And I don’t know anyway to Prince George’s is the first Maryland coun- groups and as a cohesive whole class without insure that those adults are in place each ty to release its results, in part because it is distractions and interruptions. I need time day with needed qualifications without fund- using the scores to determine whom to rec- to build the math, literacy, science and so- ing!!! There is no substitute for having the ommend for a new summer program estab- cial studies concepts, problem solving and funds to prepare qualified teachers and have lished to bring along struggling students. critical thinking skills they need for today’s them in classrooms in great enough numbers Other school systems are expected to re- complex and ever dynamically changing so we can do the job of teaching that is need- lease their test scores in coming weeks. world. When I have a large class of primary ed for today’s schools. The test is given annually to gauge trends children with very diverse academic, social Almost every public school class today in ability among students. Unlike the and emotional needs and with no additional faces challenges of helping children with be- MSPAP, which generally measures how well adult in the classroom to assist children, the havior. Some days, the biggest challenge schools are teaching children, the Com- importantly needed and valued time to work comes down to making sure each child is safe prehensive Test of Basic Skills is viewed as on learning with children individually and from harmful physical and verbal hurt by more useful to parents because it looks at even in small groups or as a cohesive whole other peers. Large class sizes greatly, expo- how students did individually. class can be lost. nentially exacerbate these challenges of The basic skills test is also considered use- Presently, every classroom teacher in my classroom management to the point of tak- ful to teachers because it lets them know building is well qualified for his/her assign- ing away from valuable teaching and learn- ment and has special outstanding abilities. what areas to concentrate on and which stu- ing time. Additionally problems are com- But we can not do the job we know how to do dents need more help. pounded by not having enough school per- and keep learning new and better ways to Until this year, Prince George’s scores sonnel to assist children facing emotional teach in response to changing needs and in have been low, flat and far from the national behavior needs often caused by cir- today’s schools, when: (1) the numbers of norm. School officials attributed the gains cumstances not of their fault. Primary students in each class makes it impossible to to the reforms that Metts has demanded. grades are the school years with the first op- For example, she has required all schools meet the challenges each student faces; (2) portunities for helpful interventions for chil- to give students in the early grades 120 min- the number of adults needed to help provide dren and their families on issues of academic utes of uninterrupted reading time and 90 education is too low; and (3) the energy toll successes and for meeting the emotional minutes of math a day. She has also reduced of the teaching day (which requires planning, needs that affect that success. We know class sizes in the lower grades, and efforts preparation, reflection, collaboration with what to do to help. We know how to design are underway to remove disruptive students colleagues and parents far beyond the time learning programs to help children succeed from classrooms. Metts and principals have our 8:00 to 3:30 contract time) leaves teachers but we simply can’t do it unless we have the also put more emphasis on training teachers. unable to engage in much needed profes- people we need to implement those pro- Systemwide, Prince George’s scores in- sional development beyond the needs of the grams. I can’t tell you how frustrating it is creased at each of the three grade levels and daily classroom instruction. We hear people to know how to teach and not be able to do in every content area in the March test. For say that throwing money at the challenges the very best teaching every moment be- example, the rate of students scoring above in education won’t help, but I don’t know cause it is difficult with too large a class and the national average in reading rose from 24 how we can provide the number of qualified without enough teachers on board as a team percent last year to 36 percent. In math, it teachers needed to provide the best edu- to meet the learning needs of the children. more than doubled, from 16.7 percent to 42.4 cation possible for each child without fund- People will say to me, ‘‘You are trying to do percent. ing those positions, without providing the too much, Kristi, . . . your expectations for funding for teaching materials and for safe, what we can do in school are too high’’ . . . EXHIBIT 2 healthy learning environments that are but, to me, lowering the expectations of APRIL 30, 2001. needed, and without funding support for what’s possible means some children will be DEAR SENATOR MURRAY: As the U.S. Con- teachers to keep learning and growing pro- left behind and I’m not willing to accept that gress has its focus on educational programs, fessionally! option. How can we ever possibly be doing I want to take time to thank you for your During this school year, I received a too much until we know every child is suc- tireless efforts on behalf of quality education Milken National Teacher’s Award as well as ceeding to the best of his/her abilities? And funding for our public schools! As a primary the Presidential Award for Excellence in wouldn’t it be wonderful to be at that place classroom teacher in Washington State, I Teaching Elementary Science, the Peace where we say, we have enough of what we know first hand the challenges we face in Corps World Wise Schools Paul D. Coverdell need to meet the challenges of educating our making sure no child is left behind. While Award for Excellence in Education (which children and we are indeed leaving no child the challenges are tremendous, it is a chal- was presented at the U.S. Senate building behind? I dream of someday hearing that lenge which public school teachers take on with comments from Sen. Edward Kennedy conversation nationally . . . and, until that day after day, unwilling to give up and un- and Sen. Christopher Dodd), a national Blue conversation is truly there, we must do all willing to do anything less that the very best Ribbon Classroom Website Award, and just we can and more just to insure we meet our we can and know how to do in each moment recently a grant for funding a co-teacher in educational vision and goals for all the chil- we have in the classroom. When I inter- our classroom for the remaining weeks of the dren in our country!!! viewed for my current teaching position ten school year to sustain and document our in- And how can we assess if children are years ago, one of the comments I made about novative primary curricular program where meeting those educational goals and we as my goals as a teacher was that it was very, children are developing the literacy, science, teachers are meeting our teaching vision . . . very important that I hear each child’s voice social studies and math skills they need to We can administer standardized test to a at school each day so that each child would meet state learning goals through local to whole class to measure how students are know he/she: (1) had multiple opportunities global collaborative telecommunications doing according to a norm and against the to be listened to and heard; (2) had the op- service learning projects. I am continually skills a particular test identifies as prior- portunity to tell me what he/she understood learning how to teach. I often work 12 hours ities. But, those measurements provide only and what he/she needed help with; and (3) per school day developing and sustaining our one form of reference on student learning had multiple opportunities to know he/she curricular program as well as usually a full and, depending on the integrity and quality was greatly valued as a learner and person. weekend day. I often spend recess time with of a standardized assessment, the test data That is a promise that needs to be reality in children as well as after school time building may or may not be an accurate assessment

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4466 CONGRESSIONAL RECORD — SENATE May 8, 2001 of what students understand. I can’t tell you rately and reliably with each child when you that we should fund both. In fact, in how many times, in working with primary have a large class of primary children with- this legislation we do fund both. The children, I have seen a child’s standardized out any other adult assistance in the class- Teacher Quality Program is authorized test results communicate an assessment pro- room. In order to do the best possible job on at $3 billion, which is an increase over file that does not provide the full measure of all assessments of student progress, we need at what the programs are currently what I have seen that child demonstrate in to have smaller class sizes. the classroom learning environment lessons. Often, the best insights I have had on chil- funded. Performance on an isolated skill assessment dren’s learning progress have emerged in the So many people argue that when we with primary children simply cannot docu- process of having a cohesive whole class, create larger, more flexible grants, we ment the whole of who they are as learners. small group or individual conversation about are trying to decrease funding for these Primary children are growing along a de- important basic skills and concepts we have programs. That is just not true. The velopmental continuum where many of the been working on together and sometimes it Professional Development Program re- skills and understandings that we need to comes from listening in on conversations a ceived $485 million last year, and the see in place in these years as indicators of child is having with a peer as they work on Class Size Reduction Program received ongoing successful learning are best dem- their learning with one another. Those ave- onstrated within the context of active learn- $1.6 billion. If my addition is correct, nues of assessment tell us so much about the that is $2.05 billion in these two pro- ing with the teacher rather than being only successes in children’s learning as well as di- demonstrated in individual performance by rection for ongoing learning. Those con- grams. We consolidate them. We com- themselves. Rather than just being able to versations will not happen unless we have bine them and increase the funding to demonstrate mastery of individual, isolated small enough classes with enough teachers $3 billion. skill tasks that are assessed in a standard- to hear the voices of what children are learn- Furthermore, the Kennedy amend- ized test without support of a teacher and ing each school day. ment, which just passed and which I outside the context of lesson learning . . . Sincerely, supported, reaffirmed not only the $3 many, many of the skills and understandings KRISTI RENNEBOHM FRANZ. that we need to have in place in the primary billion number but then increases $1/2 years for ongoing school success are in the The PRESIDING OFFICER. The Sen- billion a year each year. So it is not a category of: Being able to engage in lessons ator from Arkansas. matter of only giving limited resources with the teacher; being able to learn when Mr. HUTCHINSON. Mr. President, I and you must choose: Do you want being taught during a lesson; being able to rise in opposition to the Murray class size reduction or do you want proactively think and talk within a teachable amendment and to put a little different fessional development? We are saying: moment; and being able to generate a prod- focus on the debate. Here is both, but you decide your prior- uct or comment when asked to contribute ities locally. Here is the funding for and work with the teacher and peers on ideas The issue, as I see it, on this amend- and work directly with curricular learning ment is not classroom reduction. The both, an increase by 30 percent over materials . . . issue is not the virtue of having small- what the previous administration put While I am successfully using the stand- er classrooms. The issue is not whether into class size reduction and profes- ardized tests that are required in our district that is valuable or whether that is de- sional development. The President and and state to provide data on student sirable. Most would say, of course, a this Congress have increased that au- progress, if I were to rely only on those smaller class is better than a bigger thorized level by 30 percent to $3 bil- standardized skills assessments to measure lion, ensuring an additional $1⁄2 billion the success of our children in our public class. The issue is whether or not those choices and those decisions ought to be each year in the future. schools, I would miss important documenta- We said: Let the local schools, let the tion of learning that is taking place but sim- made at the local level. ply is best revealed in the interactive teach- The Senator from Washington, who is States decide the priority. It is not al- ing and learning between the student with always very passionate on this issue, ways going to be class size reduction as his/her teacher and peers. A standardized used Houston as an example. I will use the highest priority. Sometimes it will test, while providing specifically focused in- Houston as an example. Yes, classroom be professional development. Some- sights on a child’s progress, is just a moment reduction was part of the program. It times it will be mentoring. Sometimes of time in a child’s school learning. This is it will be merit pay. Sometimes it will especially true when assessing primary chil- was part of seven points, a package of seven reforms they emphasized as local be tenure reform. Many times it will be dren. Sometimes, a standardized assessment class size reduction. We ensure they presents a profile of student learning that reform that helped turn around the shows a child not succeeding when in actu- Houston school district. I emphasize will always have the option of spending ality, he/she has been demonstrating some that classroom reduction was only one that money as they see best. successes. I have seen a standardized assess- part of the whole package. The deci- The issue is not do you want class size reduction. The issue is, do you ment provide data that looks like the child sions were made locally, and in addi- and the teaching is failing when in actuality want real local control? Do you really tion to class size reduction you also neither is true. Often, the observation of a want them to have the choice or do you had tutors, planning assistance, and child’s behaviors when responding to the think we know best? challenges of an individual standardized test staff development. Those decisions There has been a growing consensus tell me as much about that child’s learning were made locally. that what we have done for the last 35 strategies and performance as the actual nu- The issue is not, do we want smaller years, with Washington creating more merical score that child receives. I often classes? Of course, we do. The issue is, programs and making more prescrip- make documentation notes on a child’s be- do we want to continue the Wash- havior during the process of administering a tions, has not been the right approach. ington-knows-best, top-down approach There has been a growing consensus on standardized test. This takes time for indi- to education, when the whole thrust of vidual observations and writing on my part both sides of the aisle that we need to while also devoting energy and focus on the this bill is to move the other direction? consolidate. This is a move in the rest of the class . . . which is no easy task The thrust of this legislation, sup- wrong direction, the opposite direction, but an important one to fully understand ported on both sides of the aisle, nego- to pull this out and say: In this area, and interpret the results of a standardized tiated by leaders on both sides of the we know best; you must do class size score. aisle, is that the plethora of Federal Many of the standardized assessments we reduction if you want these funds. programs has not been a productive ap- Studies by Eric Hanushek, a pro- are required to do with our primary students proach and that we should consolidate require extended, individual, uninterrupted fessor at the University of Rochester, time with each student. After we give the those Federal streams of funding. And show that teacher quality is the most initial instructions, we must time and record now along comes an amendment that important factor in a child’s instruc- their performance. This is especially true of says: Let’s go back to the old way. tion. So while class size is very impor- reading assessments as those are done while Let’s go back in the old direction. In- tant, even more important than class listening to, recording, timing and notating stead of consolidation, let’s pull this size is the quality of the teacher in each child’s reading aloud performance out and let’s have this program pre- that classroom. (while also keeping track of the rest of the scriptive from the Federal level where Oftentimes professional development class). Often these assessments can take ten we know best, where we are going to to fifteen minutes per child to implement is going to be even more valuable than and additional time to score. While the in- tell local educators what they should ensuring there are fewer children in formation from these assessments can be do. the classroom, and we should not make very valuable, you can well imagine the time The Senator from Washington said the determination of what is needed lo- involved in a school day to do this accu- they should not be forced to choose and cally. This new flexible grant, the

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4467 Teacher Quality Program, allows do is to put the emphasis on what improve schools and enhance teacher States and school districts to continue works and to provide to our children quality. That is certainly what the class size reduction if they choose. the opportunity to have the best pos- committee on which I am proud to They are not mandated to do so. sible education. serve, under the leadership of the Sen- The National Commission on Teach- I have been very privileged over the ator from Vermont, attempted to do in ing & America’s Future found that last 20 years to know quite a bit about reporting out such a bill—to focus on class size reduction has the least im- education in Arkansas, which my good what works and to target funds to impact on increasing student achieve- friend has the privilege of representing, prove our schools and enhance teacher ment and that teacher education and and now I know a lot about education quality. President Bush and I abso- teacher quality had the most impact in New York. I have no doubt that my lutely agree on this point. on increasing achievement. friend, were he still here, would agree I have often said that I sometimes One other point: For rural States with me that our goals are the same fear Washington is an evidence-free such as Arkansas, we have many school for the children in both States. We zone where, despite whatever evidence districts, many times very small school want to provide the best possible edu- we have, we don’t follow it, we don’t districts. This kind of Federal program cational opportunities, but we face put it to work, and we spin our wheels simply doesn’t work. If you calculate very different challenges. too much. Well, I believe we should what local schools in Arkansas get, it What I saw and worked on for many look at what works, what has had a is about a third of a teacher per school years in improving education in Arkan- positive impact in raising student district. For many small school dis- sas, which was one of the great honors achievement, what has helped at the tricts, this kind of a program just of my life, is very different from what local level give very necessary re- doesn’t work. It is far better to put ad- I now see day in and day out in New sources; there is no better example of ditional funding in a program with York City, where we have more than a what works than reducing class sizes so greater flexibility so local school dis- million children in our school system. that teachers can teach and children can learn. tricts will have enough resources so I agree with my friend that what we Allow me just a moment to review they can actually make a difference. are crafting is an approach that will the research demonstrating that reduc- While I agree many school districts give to local school districts, parents, ing class size has proven results. and many States are going to put as and teachers the tools to make the Teachers who teach in classes of 18 stu- priority No. 1 cutting the size of class- right decisions for the children whose dents or fewer in the early grades are es, in some areas that is not going to futures they hold in their hands. That helping to raise student achievement be priority No. 1. We should not make is why I wish my friend were still for our most educationally disadvan- here—and I will seek him out later to that decision for them and say: The taged students who are attending talk with him privately about this. only way you can access these funds is schools in high-poverty neighborhoods, That is why I am such a strong sup- if you spend it in this way. where we all know it is harder to I reluctantly oppose the Murray porter of Senator MURRAY’s amend- teach. ment because what Senator MURRAY amendment. We are putting consider- Senator MURRAY was a teacher. She able new resources, a 30-percent in- has done is point out very clearly that was on a school board. I don’t think crease, into this Teacher Quality Pro- one size does not fit all; that what we any of us should kid ourselves; there gram, and that will ensure that schools need to do is provide the tools that will are some school districts and some are going to be able to make the right enable each school district in each schools where it is just hard to teach, kind of choice and the right kind of in- State to deal with the problems they where children come to school with all vestment to get the best return in aca- face. kinds of challenges and difficulties. We demic achievement. The Teacher Qual- So I want to be part of passing legis- know, as we look at the research done, ity Program in this bill recognizes that lation, in a bipartisan way, that will be that if we focus on getting that class mandates from Washington aren’t the the best for Arkansas, the best for size down with a qualified teacher— way to improve teacher quality. This Washington, the best for Vermont, and this should not be an either/or; it legislation gives more flexibility to the best for New York because we will should be a qualified teacher and a States and school districts but holds have honestly looked at all the dif- small enough class size—then we can them accountable for teacher quality ferent tools we need to provide our have very positive results. and, most importantly, student local educational authorities with in I particularly point to the work Sen- achievement. order that they can do the job we are ator MURRAY and I highlighted in a I underscore again that this amend- now asking them to do their very best press conference a few weeks ago that ment is counter to the entire thrust of in achieving. was done at Princeton University by an this education reform legislation. We So I am very proud to be a cosponsor economist named Dr. Alan Krueger, should not make the mistake of return- of this amendment and to stand with who tracked the performance of well ing to the past and reducing again the my colleague in stating my commit- over 11,000 elementary school students very important flexibility and deci- ment to supporting the Class Size Re- at 79 schools in a Tennessee pilot pro- sionmaking authority that should reduction Initiative, both because it is gram known as Project STAR. This side at the local level. voluntary and provides additional was done randomly. The results are sci- So while I know this amendment is funding to schools that are in des- entifically provable. What he found, well intended, it is really counter to perate need of such funding and, maybe and what everyone who has studied it the kind of reform that will result in most important, because we know it has found, is that smaller class sizes greater student achievement and im- works. have a tremendously positive impact proved education across this country, I went back and reread President on student performance and, particu- and I hope my colleagues will join me Bush’s blueprint for education called larly, on African American students. in opposing the Murray amendment ‘‘No Child Left Behind.’’ In it, he ex- We want to be supporting both excel- and staying consistent with a desire to presses dismay that over the years lence and equity. That is why I support consolidate and provide greater flexi- Congress has developed programs with- accountability. I think we should know bility, with meaningful accountability, out asking whether or not programs what our children know and what they and thus keep our focus upon the chil- produce results or even knowing the don’t know. I also believe everyone in dren and their educational future. impact on local needs. Later on, the this Chamber understands that we have I yield the floor. President goes on to suggest that to do more to increase the opportunity The PRESIDING OFFICER. The under his education plan, which is real- for excellence by focusing on the stu- Chair recognizes the Senator from New ly the core of what we are debating in dents who are most likely to be left be- York. this education debate, he will focus on hind. To me, the fact that African Mrs. CLINTON. Mr. President, I asso- what works and ensure that Federal American students have such positive ciate myself with a number of the dollars will be spent on effective, re- results from lower class size is a very points made by my friend from Arkan- search-based programs and practices strong argument for us renewing this sas. Clearly, what we are attempting to and that the funds will be targeted to commitment.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4468 CONGRESSIONAL RECORD — SENATE May 8, 2001 There are other studies which have as Senator MURRAY knows so well, can There is a condemned school a few found exactly the same thing. A Rand make all the difference in that child’s blocks from where I was yesterday. study—and Rand usually studies issues future. They are already packed. The school I such as the military and defense and When we looked at this issue in New visited will be taking in the children national security—focused on cost-ef- York City, we saw the results clearly. from that condemned school. fectiveness of educational resources in Two years ago, the program was initi- This is a critical component of the raising scores on the NAEP, the Na- ated and class sizes in New York City commitment to excellence and equity, tional Assessment of Educational were 25 percent larger than statewide. accountability, and resources that the Progress. It is a test that is given to a With both Federal and State initia- President has called for which so many randomly selected group of our stu- tives, we were able to reduce class size in this Chamber have championed for dents across the country. We use it to for approximately 90,000 students in many years. We have the money to do track how well we are doing as a na- the early grades, almost 30 percent of this. We just have to determine wheth- tion. the city’s K–3 population. er we have the will. What Rand found in looking behind I want people to keep in mind, I am I call on my colleagues, and echo the these test scores was that the higher talking about a million children and very eloquent call of the Senator from scores could be traced to investments 90,000 children. I know it is hard for Washington, that we recognize that in lower class sizes in the early some people who represent States with- continuing this initiative does help grades—plus, higher prekindergarten out that many people in the State or local communities meet the needs they participation, lower teacher turnover, maybe only half that many to under- see right in front of them and let us and higher levels of teacher resources. stand we are dealing with huge num- make sure we do everything possible to So it is that complement of cost-effec- bers in a lot of the large cities. It is not make every child believe he or she is tive strategies that I think we should just the numbers; it is the real lives be- important so that at the end of this de- be supporting in this legislation. hind those numbers. bate the bill we pass truly will leave no Later in the debate, I will focus on When we looked at the results, after child behind. the importance of supporting early 2 years of efforts, we were very pleased I thank the Chair. I yield back my learning opportunities and trying to because achievement went up in those time. The PRESIDING OFFICER. The retain our teachers because we are los- classrooms where, with Federal help, Chair recognizes the Senator from ing our teachers at an alarming rate. I we were able to add a teacher. That does not mean the local com- Vermont. brought this photo of P.S. 19 in Jack- Mr. JEFFORDS. Mr. President, I rise munities do not have to continue doing son Heights, Queens, which is one of in opposition to the amendment. The their part, and it does not mean the the magnets for immigration into our role that teachers play in the efforts to country. People come to Kennedy or State does not have to do its part, but improve educational opportunities for LaGuardia Airports and they end up in we have gotten behind in what we need young people is perhaps the most im- Queens. I wish I could take every Mem- to do for our children. We need all portant next to the role of parents. ber of this body to the schools I visit in hands on deck. We need everybody pull- The bill before us includes significant Queens where bathrooms are classes, ing together. Education is a local re- changes related to the critical job of hallways are classes, and where chil- sponsibility in our country, but we all providing teachers the quality profes- dren speak 40 to 100 different lan- know it has to be a national priority. sional development activities they de- guages, where they are packed in there Let us make sure we focus on both serve. Supporting our Nation’s teach- and where a teacher, despite her best teacher quality and lower class size. ers is a key element of education re- efforts, can’t possibly connect with all That is why this amendment, which form. A 1999 survey by the U.S. Depart- these children. Senator MURRAY has championed and ment of Education, pertaining to the Yesterday, I was in a school that has been successful in persuading a bi- preparation and qualifications of pub- works in Manhattan, the New Manhat- partisan group of Senators to support lic school teachers, reported that con- tan School. It is a wonderful school. I in the past, is a critical component of tinued learning in the teaching profes- met for a long time with the teachers, this legislation. sion is essential to ‘‘building edu- the principal, and the superintendent If we can make it possible for class cators’ capacity for effective teaching, of the district. It is an old building, sizes to remain small in the early particularly in a profession where the built in 1904. It is packed to the rafters. grades, we improve the chances dra- demands are changing and expanding.’’ They are adding teachers into class- matically of producing a productive, Over the last decade, States have been rooms so if they do not have the addi- functioning citizen who can find his or developing standards that are directly tional classrooms, at least they have her way in this complicated society tied to academic achievement and per- more qualified teachers in those class- and global economy that awaits them formance. S. 1 builds on that move- es so the children get the attention of in the 21st century. ment. the adult responsible for their learning. Yesterday, when I was in this won- Having a highly qualified teaching It is important we understand there derful school that was filled to the force is a major factor in getting stu- have to be opportunities for local com- brim, they took me into a bathroom dents to meet and exceed the stand- munities to make choices. I believe that had been turned into a guidance ards. While there is near total agree- having this tool is essential for pro- counselor’s office. They did not have ment that strong, capable teachers are viding good opportunities for choices any other space. We went into the gym very important to a successful edu- to be made. and children were doing their physical cational system, we have done little to With the funds appropriated in 2001, activity which I believe in strongly. We help our teachers be at the top of their it is expected the Federal Govern- have to keep children’s bodies active as profession. There are still too many ment’s Class Size Reduction Initiative well as their minds. educators teaching outside their field will bring nearly 40,000 qualified teach- There was a partitioned area in of their expertise. Too often, teachers ers into classrooms. Any one of us who which there were more offices. They are offered one-shot, one-day work- goes into a large city in our country were making the best of a very difficult shops for professional development knows that if we do not have qualified situation. They had just been told a that do little to improve teaching and teachers and we do not have low class school down the block, a little elemen- learning in the classroom. Professional sizes, we can test until the cows come tary school, had been condemned. We development activities often lack the home and we are not going to find any- will get to that later in this debate, connection to the everyday challenges thing other than what we already too. This school had been condemned. that teachers face in their classrooms. know: that children from high-poverty It is unsafe for our children and teach- A recent evaluation of the Eisenhower areas, from dysfunctional backgrounds ers. Professional Development program without adequate training for aca- There is a school in Mechanicsville, notes that ‘‘the need for high quality demic work are not going to do well, NY, where a piece of concrete fell on a professional development that focuses but that a qualified teacher working teacher’s head while teaching in the on subject matter content and how stu- with a small enough group of children, classroom. dents learn that content is all the more

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4469 pressing in light of the many teachers ment and performance. I am opposed to Mr. President, I rise today in support who teach outside their areas of spe- the class size reduction amendment be- of our Nation’s teachers and to say cialization.’’ cause I believe that local schools are in thank you to the over 3,000,000 teachers Title II of this bill addresses these se- a better position than we are to deter- in this Nation for all of the hard work rious professional development defi- mine how best to distrbute funds in re- and personal sacrifices they make to ciencies. S. 1 draws on the strongest gard to professional development and educate our youth. elements of the Eisenhower program teacher hiring. S. 1 as passed by the This week is ‘‘Teacher Appreciation while including authority for other ini- committee gives local school districts Week’’ and today, May 8, 2001, is ‘‘Na- tiatives that have an impact on teach- the opportunity to make the decision tional Teacher Day.’’ Today, I will be er quality. The bill provides flexibility about the expenditure of dollars for the introducing a resolution in the Senate to school districts to address the spe- purpose of improving their teaching where the Senate will make the appro- cific needs of individual schools force which will, in turn, lead to over- priate designations to honor our teach- through activities such as recruitment all student improvement. ers with this appreciation week and and hiring initiatives; teacher men- I see the hour of 12:30 p.m. has ar- day. toring; retention; and other long-term rived. This resolution already has as origi- professional development efforts. S. 1 The PRESIDING OFFICER. Under nal cosponsors Senators ALLEN, prohibits Federal dollars from being the previous order, the hour of 12:30 BROWNBACK, COCHRAN, JEFFORDS, used for ‘‘one-shot’’ workshops that p.m. having arrived, the Senate will CRAIG, THURMOND, CRAPO, and ENZI. Mr. Coverdell, who unfortunately was have been criticized for being rel- stand in recess—— taken from us some time ago, intro- atively ineffective because they are Mr. WARNER. Mr. President, I ask usually short term and lack con- duced a similar resolution in 1999. unanimous consent that the recess be How appropriate it is that Teacher tinuity. In addition, these one-day deferred for about 6 minutes so I can Appreciation Week and National workshops are often isolated from address the Senate. Teacher day are upon us as we in the classrooms and schools which serve as Mrs. MURRAY. Mr. President, if I Senate are considering legislation to the professional development labora- could just make a 1-minute wrapup be- reauthorize the Elementary and Sec- tories. fore we turn to the Senator from Vir- ondary Education Act. S. 1 authorizes a major investment of ginia, I would appreciate it. The legislation that is before us funds, $3 billion, which will be used by The PRESIDING OFFICER. Without today, the Better Education for Stu- school districts to improve the quality objection, it is so ordered. The Senator dents and Teachers Act—the ‘‘BEST’’ of teaching in the classroom. The fund- from Washington is recognized for 1 Act—is based on a principle put forth ing level of the teacher quality section minute. by President Bush entitled, ‘‘No Child of this bill represents the combining of Mrs. MURRAY. Mr. President, let me Left Behind.’’ funds and authorities from the current state we will have more time, obvi- As we move towards education re- Eisenhower program and the class size ously, this afternoon to debate the forms to achieve the goal of ‘‘Leaving reduction program. The purpose of class size amendment. I appreciate the No Child Behind,’’ we must keep in combining the funding streams is to comments from the chair of the HELP mind the other component in our edu- give school districts the flexibility Committee in this regard. cation system—the teachers. If we fail they need to make the investments I agree with him. Professional devel- to accord equal recognition to our that will lead to having a highly quali- opment is extremely critical. That is teachers in this debate, our children fied teacher in every classroom—ether why my amendment to separate the will be left behind. by using the funds to hire teachers or professional development funds from All of us know that individuals do providing first rate professional devel- class size funds is extremely impor- not pursue a career in the teaching opment or both. This bill clearly states tant. We want our schools to have pro- profession for the salary. People go that Federal funds must be used for ac- fessional development but not at the into the teaching profession for dif- tivities that will improve teaching and expense of reducing class size, which ferent personal commitments—to edu- learning in the classroom, including we know works. That makes sure Fed- cate the next generation, to strengthen the hiring of highly qualified teachers eral tax dollars are spent wisely at the America. if that hiring will improve student per- local level—and which is a local deci- While many people spend their lives formance. The decision as to how the sion, I say to the Senator from Arkan- building careers, our teachers spend Federal funds will be used will be made sas, who spoke earlier. their careers building lives. by the local school district. If a school district doesn’t want to Simply put, to teach is to touch a life My home State of Vermont serves as participate, they certainly do not have forever. How true that is. I venture to say a good example of success through to do so. But for the many schools out that every one of us can remember at local decisionmaking. Vermont strong- there, for 2 million students who have least one teacher and the special influ- ly supports funding for class size reduc- benefited, let’s not take it away now. ence he or she had on our lives. tion. Yet, since the first dollar was ap- Let’s make sure they are in a class size Even though we are all well aware of propriated for class size reduction, in K–3 that allows them to learn math, the important role our teachers play, it Vermont sought greater flexibility to science, basic reading, and they are goes without saying that our teachers use most of the money for professional able to succeed in the future. are underpaid, overworked, and all too development activities that would im- The PRESIDING OFFICER. The often, under-appreciated. prove the quality of the teacher in the Chair recognizes the Senator from Vir- In addition to these factors, our classroom. Because Vermont already ginia. teachers also expend significant money had small classes that met the Federal Mr. WARNER. Mr. President, I thank out of their own pocket to better the mandated level of 18, a large portion of the Chair and my colleagues for their education of our children. Most typi- Vermont’s share of the class size reduc- indulgence. cally, our teachers are spending money tion monies has been used for profes- I was greatly taken by the distin- out of their own pocket on three types sional development. guished manager of the bill, Chairman of expenses: I want other States to do what JEFFORDS, and his recognition of teach- 1. Education expenses brought into Vermont has done if that is what is in ers. I have here the President’s really the classroom—such as books, supplies, the best interest of its students. Reduc- wonderful message on education enti- pens, paper, and computer equipment; ing class size is important. Having a tled ‘‘No Child Left Behind.’’ I am sure 2. Professional development ex- dynamic, highly qualified teacher at the chairman agrees with me, if we do penses—such as tuition, fees, books, the head of the classroom is of equal or not accord equal assistance to teach- and supplies associated with courses perhaps, even greater importance. Title ers, we cannot hope to achieve the goal that help our teachers become even II of this bill supports both efforts and that no child will be left behind. better instructors; and does so in a manner that allows school Mr. JEFFORDS. I certainly agree 3. Interest paid by the teacher for districts to come up with their own with the Senator. previously incurred higher education recipe for improving student achieve- Mr. WARNER. I thank the chairman. loans.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4470 CONGRESSIONAL RECORD — SENATE May 8, 2001 These out of pocket costs place last- ‘‘(c) DEFINITIONS.—For purposes of this sec- chapter A of chapter 1 of the Internal Rev- ing financial burdens on our teachers. tion— enue Code of 1986 is amended by inserting This is one reason our teachers are ‘‘(1) ELIGIBLE TEACHER.—The term ‘eligible after the item relating to section 25A the fol- teacher’ means an individual who is a kin- leaving the profession. Little wonder lowing new item: dergarten through grade 12 classroom teach- ‘‘Sec. 25B. Teaching expenses, professional that our country is in the midst of a er, instructor, counselor, aide, or principal in teacher shortage. development expenses, and in- a public elementary or secondary school on a terest on higher education Estimates are that 2.4 million new full-time basis for an academic year ending teachers will be needed by 2009 because loans of public elementary and during a taxable year. secondary school teachers.’’. of teacher attrition, teacher retire- ‘‘(2) ELEMENTARY AND SECONDARY ment and increased student enroll- SCHOOLS.—The terms ‘elementary school’ and (c) EFFECTIVE DATE.—The amendments ‘secondary school’ have the respective mean- made by this section shall apply to taxable ment. years beginning after December 31, 2001. While the primary responsibility ings given such terms by section 14101 of the rests with the states, I believe the fed- Elementary and Secondary Education Act of Mr. WARNER. Mr. President, this 1965, as in effect of the date of enactment of legislation, S. 225, is cosponsored by eral government can and should play a this section. Senators MIKULSKI, ALLEN, DEWINE, role in helping to alleviate the nation’s ‘‘(3) QUALIFIED EDUCATION EXPENSES.—The teaching shortage. term ‘qualified education expenses’ means COCHRAN, HARKIN, and ENSIGN. The Na- Here is an example of such help. On a expenses for books, supplies (other than non- tional Education Association also has federal level, we can encourage individ- athletic supplies for courses of instruction in endorsed this legislation. uals to enter the teaching profession health or physical education), computer I am not introducing The Teacher and remain in the teaching profession equipment (including related software and Tax Credit Act as an amendment to the by reimbursing them for the costs that services) and other equipment, and supple- education bill before the Senate be- teachers voluntarily incur as part of mentary materials used by an eligible teach- cause, procedurally, it would stop this er in the classroom. the profession. This incentive will help ‘‘(4) QUALIFIED PROFESSIONAL DEVELOPMENT bill because of the ‘‘blue slip’’ taxation financially strapped urban and rural EXPENSES— procedures in the House of Representa- school systems as they recruit new ‘‘(A) IN GENERAL.—The term ‘qualified pro- tives. teachers and struggle to keep those fessional development expenses’ means ex- I do propose today a Sense of the teachers that are currently in the sys- penses— Senate amendment on the importance tem. ‘‘(i) for tuition, fees, books, supplies, and of providing additional tax relief for equipment required for the enrollment or at- With these premises in mind, I intro- tendance of an individual in a qualified our Nation’s teachers. duced, ‘‘The Teacher Tax Credit.’’ This course of instruction, and This amendment simply states that legislation creates a $1,000 tax credit ‘‘(ii) with respect to which a deduction is it is the Sense of the Senate that dur- for eligible teachers for qualified edu- allowable under section 162 (determined ing the 107th Congress, the Senate cation expenses, qualified professional without regard to this section). should pass legislation providing ele- development expenses and interest paid ‘‘(B) QUALIFIED COURSE OF INSTRUCTION.— mentary and secondary level educators by the teacher during the taxable year The term ‘qualified course of instruction’ means a course of instruction which— with additional tax relief in recogni- on any qualified education loan. ‘‘(i) directly relates to the curriculum and tion of the many out of pocket, unre- I ask unanimous consent to have a academic subjects in which an eligible teach- imbursed expenses they incur to im- copy of my tax bill printed in the er provides instruction, prove the education of our Nation’s RECORD. ‘‘(ii) is designed to enhance the ability of students. There being no objection, the bill was an eligible teacher to understand and use I note that President Bush agrees ordered to be printed in the RECORD, as State standards for the academic subjects in that teachers should receive tax relief follows: which such teacher provides instruction, ‘‘(iii) provides instruction in how to teach to help defray the costs associated with S. 225 children with different learning styles, par- classroom expense and professional de- Be it enacted by the Senate and House of Rep- ticularly children with disabilities and chil- velopment costs. resentatives of the United States of America in dren with special learning needs (including The President’s education blueprint Congress assembled, children who are gifted and talented), to the Congress contained a specific SECTION 1. SHORT TITLE. ‘‘(iv) provides instruction in how best to reference on page 13. I will read it: This Act may be cited as ‘‘The TEACHER- discipline children in the classroom and Tax Credit Act’’. identify early and appropriate interventions Provide tax deductions for teachers: SEC. 2. CREDIT FOR TEACHING EXPENSES, PRO- to help children described in clause (iii) Teachers will be able to make tax deductions FESSIONAL DEVELOPMENT EX- learn, or up to $400 to help defray the costs associated PENSES, AND INTEREST ON HIGHER ‘‘(v) is tied to strategies and programs that with out-of-pocket classroom expenses such EDUCATION LOANS OF PUBLIC ELE- demonstrate effectiveness in increasing stu- as books, supplies, professional enrichment MENTARY AND SECONDARY SCHOOL programs and other training. TEACHERS. dent academic achievement and student per- (a) IN GENERAL.—Subpart A of part IV of formance, or substantially increasing the The concept is in the President’s subchapter A of chapter 1 of the Internal knowledge and teaching skills of the eligible blueprint. Frankly, with all due re- Revenue Code of 1986 (relating to nonrefund- teacher. ‘‘(5) QUALIFIED EDUCATION LOAN.—The term spect to President Bush, I want to go a able personal credits) is amended by insert- ‘qualified education loan’ has the meaning step further and make it stronger, not ing after section 25A the following new sec- given such term by section 221(e)(1), but only just a deduction you have to work with tion: with respect to qualified higher education and hope you get the money back, but ‘‘SEC. 25B. TEACHING EXPENSES, PROFESSIONAL DEVELOPMENT EXPENSES, AND IN- expenses of the taxpayer. an absolute tax credit on that tax re- TEREST ON HIGHER EDUCATION ‘‘(d) DENIAL OF DOUBLE BENEFIT.— turn to take right away off the bottom LOANS OF PUBLIC ELEMENTARY ‘‘(1) IN GENERAL.—No deduction or other line. Frankly, I think the $400 falls a AND SECONDARY SCHOOL TEACH- credit shall be allowed under this chapter for ERS. any amount taken into account for which little short and I would like to see ‘‘(a) ALLOWANCE OF CREDIT.—In the case of credit is allowed under this section. more. an eligible teacher, there shall be allowed as ‘‘(2) COORDINATION WITH EXCLUSIONS.—A I also note that Senators COLLINS, a credit against the tax imposed by this credit shall be allowed under subsection (a) KYL, and HATCH have worked diligently chapter for the taxable year an amount for qualified professional development ex- on legislation providing tax relief to equal to the sum of— penses only to the extent the amount of such teachers. expenses exceeds the amount excludable ‘‘(1) the qualified education expenses paid On National Teachers Day, and dur- or incurred by the taxpayer during the tax- under section 135, 529(c)(1), or 530(d)(2) for the able year, taxable year. ing Teacher Appreciation Week, I urge ‘‘(2) the qualified professional development ‘‘(e) ELECTION TO HAVE CREDIT NOT all my colleagues to support this im- expenses paid or incurred by the taxpayer APPLY.—A taxpayer may elect to have this portant amendment that will put the during the taxable year, and section not apply for any taxable year. Senate on record in support of tax re- ‘‘(3) interest paid by the taxpayer during ‘‘(f) REGULATIONS.—The Secretary shall lief legislation for our Nation’s teach- the taxable year on any qualified education prescribe such regulations as may be nec- ers. loan. essary to carry out the provisions of this sec- ‘‘(b) MAXIMUM CREDIT.—The credit allowed tion.’’. I thank the Chair and my chairman by subsection (a) for the taxable year shall (b) CONFORMING AMENDMENT.—The table of for allowing me to participate at this not exceed $1,000. sections for subpart A of part IV of sub- time in this debate.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4471 I send the amendment to the desk, a spend significant money out of their own Mr. MCCONNELL. Mr. President, I sense of the Senate, and I await com- pocket to better the education of our chil- rise today to offer an amendment to ments from the Chair. Then I will ask dren. the BEST Act which incorporates the (11) President Bush has recognized the im- provisions of legislation I introduced for the yeas and nays. portance of providing teachers with addi- The PRESIDING OFFICER. Without tional tax relief, in recognition of the many earlier this year, the Paul D. Coverdell objection, the pending amendment is financial sacrifices our teachers make. Teacher Protection Act. This impor- set aside. (b) SENSE OF THE SENATE.—It is the sense of tant legislation extends protections Mr. JEFFORDS. I am aware of your the Senate that Congress and the President from frivolous lawsuits to teachers, amendment. I also said on the Finance should— principals, administrators, and other Committee, not only can I assure you (1) should pass legislation providing ele- education professionals who take rea- it will get notice here, I assure you I mentary and secondary level educators with sonable steps to maintain order in the additional tax relief in recognition of the classroom. will communicate your wishes to the many out of pocket, unreimbursed expenses chairman of the Finance Committee The Teacher Liability Protection Act educators incur to improve the education of builds upon the good work Congress and support you. our Nation’s students. began in 1997 when it enacted the Vol- AMENDMENT NO. 383 TO AMENDMENT NO. 358 Mr. WARNER. I ask for the yeas and Mr. WARNER. Mr. President, I send unteer Protection Act. As Senators nays may recall, the Volunteer Protection to the desk my amendment. The PRESIDING OFFICER. There is The PRESIDING OFFICER. Without Act provides liability protections to in- not a sufficient second at the moment. dividuals serving their communities as objection, the pending amendment is Mr. WARNER. At the moment. volunteers. After bringing several vol- set aside and the clerk will report the Perhaps I could engage the attention unteer protection amendments to the amendment. of my two colleagues. I ask for the yeas floor through the 1990’s and intro- Mr. WARNER. At the appropriate and nays. ducing the Volunteer Protection Act time, subject to the leadership of the The PRESIDING OFFICER. Is there a during the 104th Congress, I was blessed Senate and management, I ask for the sufficient second? when Senator Paul Coverdell joined me yeas and nays on my amendment. There appears to be. There is a suffi- in helping to steer this measure The PRESIDING OFFICER. The cient second. through the 105th Congress and have it clerk will report the amendment by The yeas and nays were ordered. enacted in 1997. Now, we need to extend number first. f similar liability protections to our na- The legislative clerk read as follows: RECESS tion’s teachers, principals, and edu- The Senator from Virginia [Mr. WARNER] cation professionals who are respon- proposes an amendment numbered 383 to The PRESIDING OFFICER. All time sible for ensuring the safety of our amendment No. 358. has expired. Under the previous order, children at school. The PRESIDING OFFICER. Without the hour of 12:30 having arrived, the Everyone agrees that providing a objection, the reading is dispensed Senate stands in recess until the hour safe, orderly environment is a critical with. of 2:15 p.m. component of ensuring that every child The amendment is as follows: Thereupon, the Senate, at 12:38 p.m., can reach their full academic poten- (Purpose: to provide a Sense of the Senate recessed until 2:15 p.m. and reassem- tial. Teachers who are unable to main- regarding tax relief for elementary and bled when called to order by the Pre- tain order in the classroom cannot rea- secondary level educators) siding Officer (Mr. INHOFE). sonably be expected to share their At the appropriate place, insert the fol- f knowledge with their pupils, whether it lowing: be in math, science, or literature. Dis- SEC. . SENSE OF THE SENATE REGARDING TAX BETTER EDUCATION FOR STU- RELIEF FOR ELEMENTARY AND SEC- DENTS AND TEACHERS ACT—Re- ruptive, rowdy, and sometimes violent ONDARY EDUCATORS. sumed students not only threaten the imme- (a) FINDINGS.—The Senate finds the fol- diate safety of their classmates, they lowing: The PRESIDING OFFICER. The Sen- threaten the very future of our chil- (1) The average salary for an elementary ator from Kentucky. dren by denying them the opportunity and secondary school teacher in the United Mr. MCCONNELL. Mr. President, to learn. Unfortunately, teachers, prin- States with a Master’s degree and 16 years of what is the pending business? cipals, and other education officials experience is approximately $40,582. The PRESIDING OFFICER. The (2) The average starting salary for teachers share an impediment in their efforts to pending business is the Warner amend- ensure that students can learn in a in the United States is $26,000. ment. (3) Our educators make many personal and safe, orderly learning environment: the Mr. MCCONNELL. Mr. President, it is financial sacrifices to educate our youth. fear of lawsuits. All too often, these (4) Teachers spend on average $408 a year, my understanding that I would be rec- hard-working professionals find their out of their own money, to bring educational ognized to lay down an amendment at reasonable actions to instill discipline supplies into their classrooms. 2:15, and I am here to do that. and maintain order are questioned and (5) Educators spend significant money out I ask unanimous consent that the second guessed by opportunistic trial of their own pocket every year on profes- pending amendment be temporarily set lawyers. sional development expenses so they can bet- aside. ter educate our youth. Today’s teachers will tell you that The PRESIDING OFFICER. Without the threat of litigation is in the back (6) Many educators accrue significant high- objection, it is so ordered. er education student loans that must be re- of their minds and forces them at times paid and whereas these loans are accrued by AMENDMENT NO. 384 TO AMENDMENT NO. 358 to act in a manner which might not be educators in order for them to obtain degrees Mr. MCCONNELL. Mr.President, I in the best interests of their students. necessary to become qualified to serve in our send an amendment to the desk. A 1999 survey of secondary school prin- nation’s schools. The PRESIDING OFFICER. The cipals found that 25 percent of the re- (7) As a result of these numerous out of clerk will report. spondents were involved in lawsuits or pocket expenses that our teachers spend The assistant legislative clerk read out-of-court settlements in the pre- every year, and other factors, 6% of the na- as follows: tion’s teaching force leaves the profession vious two years—an amazing 270 per- every year, and 20% of all new hires leave The Senator from Kentucky [Mr. MCCON- cent increase from only 10 years ear- the teaching profession within three years. NELL] proposes an amendment numbered 384 lier. The same survey found that 20 (8) This country is in the midst of a teach- to amendment No. 358. percent of principals spent 5 to 10 hours er shortage, with estimates that 2.4 million Mr. MCCONNELL. Mr. President, I a week in meetings or documenting new teachers will be needed by 2009 because ask unanimous consent that reading of events in an effort to avoid litigation. of teacher attrition, teacher retirement, and the amendment be dispensed with. This is time that our educators should increased student enrollment. The PRESIDING OFFICER. Without (9) The federal government can and should spend counseling students, developing play a role to help alleviate the nation’s objection, it is so ordered. curriculum, and maintaining order— teaching shortage. (The text of the amendment is print- not fending off frivolous lawsuits. (10) The current tax code provides little ed in today’s RECORD under ‘‘Amend- Mr. President, allow me to illustrate recognition of the fact that our educators ments Submitted.’’) my point with several examples.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4472 CONGRESSIONAL RECORD — SENATE May 8, 2001 In May of 1998, representatives of the the classroom, and she was forced to troubling, what I find more disturbing Bethlehem Area School District leave her chosen profession. are the cases that aren’t publicized at learned that one of their students, Jus- The principal didn’t win. He found all. These are the cases where the tin Swidler, had created a web site himself so thoroughly frustrated and teacher or principal looks the other where he solicited money to hire a hit saddened by the toll the incident had way or decides not to discipline a mis- man to kill his math teacher, Mrs. taken on his school, he decided to take behaving student because of the fear— Kathleen Fulmer. According to a local early retirement. the fear—of a lawsuit. newspaper account, the web site con- Justin’s classmates didn’t win. The Many educational organizations rec- tained images of the principal being school’s students were denied resources ognize frivolous lawsuits as a problem. shot and ‘‘a picture of Fulmer which which should have been used for their That is why the Teacher Protection changed, or ‘‘morphed’’ in to a portrait education that were instead used to de- Act has the support of the National As- of Adolf Hitler.’’ The site, which bears fend the school from a lawsuit. sociation of Secondary School Prin- a name I cannot repeat on the Senate After all of this, I think the only pos- cipals and the National Association of floor, also listed reasons ‘‘Why Fulmer sible winners in this case were the law- Elementary School Principals. I re- Should be Fired’’ and then reasons yers who generated 21⁄2 years worth of spectfully ask unanimous consent that ‘‘Why She Should Die.’’ I think that billable hours, from the Swidlers, the letters from these organizations be deserves repeating: The list was not Fulmers, the principal, the school dis- printed in the RECORD. limited to the typical juvenile carping trict, and, yes, the students. There being no objection, the letters about a teacher. It listed why she Let me give you another example. were ordered to be printed in the Three students in Anchorage, AK, should die. RECORD, as follows: The school district, much to its cred- were caught accessing pornographic material over the Internet during a NATIONAL SCHOOL BOARDS ASSOCIATION, it, expelled Justin Swidler. However, Alexandria, VA, Apr. 27, 2001. rather than encouraging young Justin computer class at school. The school, Senator MCCONNELL, to take responsibility for his actions, acting within its discretion, removed U.S. Senate, the response of Justin’s parents was all the students from that class and gave Washington, DC. too predictable—they hired a lawyer them an F for the semester. However, DEAR SENATOR MCCONNELL: The National and they sued. First, they sued the one of the students had earned a grade School Boards Association (NSBA) under- school district. Then, they sued the point average which placed him at or stands that you plan to introduce an amend- principal. After that, they sued the su- near the top of his class. Realizing that ment to the Elementary and Secondary Edu- the F would prevent the student from cation Act (ESEA) regarding liability pro- perintendent. Finally, in the coup de tection for school officials who take reason- gras of the litigation, the Swidlers sued being honored at his graduation, the able actions to maintain order, discipline, the teacher whom their son had threat- student’s family hired a lawyer and and an appropriate educational environment. ened to kill. I repeat, the Parents sued sued the school. NSBA is pleased that the amendment ex- the teacher whom their son had threat- After a protracted legal battle, the tends liability protection to individual ened to kill. school was forced to withdraw the F in school board members. What reasons did the Swidlers give a settlement once the judge warned the This provision is necessary because fre- for their suit? they claimed, among school he would likely rule against it. quently, a student will sue the school dis- other things, to have suffered ‘‘embar- Is this what we want? Do we want law- trict (meaning school board), and then they yers and judges deciding what grades a will sue the teacher, the principal, the super- rassment, ridicule, humiliation, isola- intendent, and the board members in their indi- tion and severe emotional distress’’ as student should receive or aren’t we bet- vidual capacities. As a result, the school dis- well as financial loss and ‘‘inconven- ter off leaving this to the teachers in trict expends time and money defending ience.’’ The Swidlers wanted the school the classroom and principals in the these claims brought against school board to pay because they suffered ‘‘embar- schools? members acting in their individual capacity. rassment’’ and ‘‘inconvenience’’ be- Another example: Last year, a high School district budgets are stretched too far, cause their son threatened the life of school cheerleading coach in Labanon, and unnecessary litigation results in less his math teacher? That is utterly out- TN, required her squad to run some money being spent on educating our nation’s students. Providing individual school board rageous. The boy’s father, Howard laps during practice. One of the girls objected to this assignment and remembers liability protection will reduce liti- Swidler, also claimed his son had dif- gation costs in local school districts and will ficulty enrolling in a new school be- ferred to it as a ‘‘piece of [blank]’’. In also provide for the swift dismissal of suits cause ‘‘teachers wouldn’t provide rec- response to the girl’s insubordinate and against individual school board members. ommendations.’’ I can imagine that. vulgar language defying her coach in We recognize that this narrow exception The teachers at Nitchmann Middle front of her teammates and classmates, may raise concern that professional staff School didn’t want to write a letter of the coach suspended her for an upcom- might feel they have a ‘‘free hand’’ in the recommendation for this kid who had ing game against Lebanon’s arch rival, discipline of students. In this regard, it compared a fellow teacher to Hitler Mount Juliet High. should be emphasized that with respect to school discipline, professional educators are and threatened to have her killed. Those of you who have been listening closely to my remarks can guess what subject to school district policies, court en- What nerve of those teachers not to forceable due process requirements, and in write a recommendation under those the girl’s family did next. Why, of any extreme cases, the criminal code. And circumstances. course, they hired a lawyer, and they when it comes to such areas as criminal con- These lawsuits and countersuits drug sued the coach. What is amazing is duct and gross negligence, the exemption of out in the courts for more than 21⁄2 that the cheerleader won an injunction this amendment would not apply. In all years. During this time, good reputa- against the coach hours before the ball cases, the school district can still be sued. tions were besmirched, distinguished game with the court requiring that she Accordingly, this amendment retains the limits and deterrence of possible professional careers were ruined, and each party ac- be given the opportunity to cheer. While this case might cause us to error or misconduct through other legal ave- cumulated what we can only estimate nues while enabling school officials to do to be thousands of dollars in legal bills. chuckle, it points to a real problem. It their jobs, without fear of litigation, in ren- After all of this litigation, who fi- sends a horrible message to wayward dering their sound judgement in the great nally won here? students that school officials don’t majority of situations involving student The student didn’t win. His expulsion have any real authority and students safety and a sound learning environment. was upheld and worse yet, he learned don’t take any responsibility. If you NSBA supports your effort to provide li- from his parents that the appropriate don’t like a teacher’s decision or a ability protection to individual school board way to defend indefensible behavior is principal’s decision, just hire a lawyer members and looks forward to the measure to file a lawsuit. That is what he and sue the teacher. Don’t listen to being adopted when the full Senate considers ESEA. If you have any questions please con- learned. your teacher; listen to your lawyer. tact Lori Meyer, director of federal legisla- The teacher didn’t win. Upon return- These are but a few of the instances tion, at 703–838–6208. ing to teaching, she found that the in which frivolous lawsuits threaten to Sincerely, publicity surrounding the case had ir- undermine discipline in our Nation’s MICHAEL A. RESNICK, reparably damaged her credibility in classrooms. While each of these cases is Associate Executive Director.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4473 NATIONAL ASSOCIATION OF devoted to legal matters. A principal in act in a reasonable manner to maintain SECONDARY SCHOOL PRINCIPALS, Washington State spent more than 100 hours order in the classroom. It does not pre- Reston, VA, Feb. 28, 2001. one year on legal work surrounding one spe- empt those States that have already Hon. MITCH MCCONNELL, cial education case. This principal is respon- taken action to address this problem, U.S. Senate, Senate Russell Office Building, sible for a school with 500 students and a Washington, DC. staff of 40. Not only do lawsuits exhaust and it allows any State legislature that DEAR SENATOR MCCONNELL: On behalf of many hours; even worse is the effect they disagrees with these strong protections the National Association of Secondary have had on principal-student and principal- to opt out at any time. Since the legis- School Principals—the preeminent organiza- family relationships. Principals are increas- lation builds on Senator Coverdell’s tion representing the interests of middle ingly cautious about the decisions they fine work, my colleagues and I thought level and high school principals, assistant make, including implementing changes in it would be highly appropriate that it principals, and aspiring principals—I would the way students are taught and disciplined. bear his name. like to thank you for introducing S. 316, a This is obviously a hindrance to effective bill that provides for teacher and principal school reform efforts. The simple act of com- At the same time, it is important to liability protection. forting a child in distress has also changed; note that this amendment is not a As a nationwide survey of principals con- no longer do school staff members feel that ‘‘carte blanche’’ for that minuscule mi- ducted last year indicates, schools across the they can put a hand on a child’s shoulder to nority of school officials who abuse nation are eliminating or altering basic pro- calm the child down or provide an encour- their authority. The amendment does grams and activities due to the fear of law- aging pat on the back. not protect those teachers who engage suits. Twenty percent of those responding re- Although your bill’s title refers only to ported spending 5–10 hours a week in meet- in ‘‘willful misconduct, gross neg- teachers, its definition of ‘‘teachers’’ clearly ligence, reckless misconduct, or a con- ings or documenting events in efforts to includes principals, and we appreciate that. avoid litigation and six percent put that Thank you for your work to turn down the scious flagrant indifference to the number at 10–20 hours a week. At a time heat, so to speak, and discourage unneces- rights or safety’’ of a student. Nor does when society is heaping greater academic ex- sary lawsuits. the amendment preclude schools or pectations on our schools, we cannot afford Sincerely, local law enforcement entities from to lose one minute, or one dollar, or one VINCENT L. FERRANDINO, taking criminal, civil, or administra- school program to frivolous litigation. Executive Director. There is a growing shortage of qualified tive actions against a teacher who acts candidates applying to be principals occur- Mr. MCCONNELL. In fact, frivolous improperly. Rather, the amendment is ring at the same time that roughly 40 per- lawsuits are such a concern to edu- simply designed to protect those teach- cent of practicing principals are expected to cators that many teachers unions tout ers, principals, and educational profes- retire from their jobs within the next five to liability insurance as a key reason for sionals from frivolous lawsuits. ten years. A study conducted last year by joining their union. The Missouri NEA This is not new ground for our col- the Educational Research Service on behalf advertises on its website that: leagues in the Senate. In 1999, the Sen- of NASSP and the National Association of A $2 million educators employment liabil- ate agreed to a similar amendment of- Elementary Principals reflects that two of ity (EEL) policy is the cornerstone of the three primary reasons that discourage fered by Senator Ashcroft. During the MNEA’s professional protection plan. The candidates from applying is because the posi- second session of the 106th Congress, coverage, automatic with membership, in- tion is too stressful and there is too much Senator Coverdell successfully includes up to $2 million in damages and addi- time required for the requisite responsibil- cluded a nearly identical amendment tional payment for legal fees for most civil ities. There is no doubt that frivolous law- and some criminal lawsuits arising out of in the Senate’s version of the ESEA re- suits and activity related to that litigation job-related incidents while members are authorization bill. It was approved by contributes to the level of stress experienced working. this body by an overwhelming vote of by principals. While we applaud your efforts to provide li- In Texas, where the legislature has 97 to 0. Unfortunately, as we all know, ability protection to teachers and note that already adopted a comprehensive efforts to reauthorize the ESEA stalled the bill’s definition of ‘‘teachers’’ is inclu- teacher protection bill, the Texas State on the Senate floor. It is now the ap- sive of principals, we believe the title and Teachers Association, TSTA, touts its propriate time for the Senate to revisit references contained in the bill should reinsurance program as a strong incen- this issue, and I hope give its full en- flect this intent. Principals, as school lead- tive for joining its union: dorsement. ers, are typically named on lawsuits involv- I look forward to working with my ing teachers. For the times when life goes haywire and Sincerely, people are reacting with emotions rather fellow original co-sponsors and the rest GERALD N. TIROZZI, Ph.D., than reason, rest assured that TSTA is of the Senate to see that these impor- Executive Director. watching out for you. Our $6 million liability tant protections are enacted into law policy sets a new standard for professional on behalf of America’s hard working NATIONAL ASSOCIATION OF protection and coverage is automatic with and dedicated teachers. ELEMENTARY SCHOOL PRINCIPALS, your [union] membership. Again, Mr. President, we voted on Alexandria, VA, March 13, 2001. For my Senate colleagues who ques- this in the last Congress. This amend- Hon. MITCH MCCONNELL, tion whether or not this is indeed a se- Russell Senate Office Building, Washington, ment was approved 97–0. It is my hope rious problem, you ought to know that that it will be accepted by the Senate DC. the Maine NEA disagrees with you. DEAR SENATOR MCCONNELL: On behalf of this year. It has widespread support on the National Association of Elementary This is what the Maine NEA says: a bipartisan basis and would add great- School Principals (NAESP), representing If something happens to a student in your ly to the underlying bill. more than 28,000 elementary and middle class, on your bus, or in your area of super- I have completed my opening obser- school principals, I am writing to express our vision, you can be sued and held individually vations on the amendment, and I yield support for your bill, the Paul D. Coverdell liable. By virtue of your employment, you Teacher Liability Protection Act of 2001. If could place your home and savings at risk the floor. enacted, this measure, S. 316, would be help- due to the claims of an angry parent. The PRESIDING OFFICER. The Sen- ful to principals, teachers, and other profes- However, Maine teachers should not ator from Nevada. sional school staff. While we welcome ac- fear, the e-mail continues: Mr. REID. Mr. President, what is the countability, we are very concerned about All MEA members are immediately pro- amendment now before the Senate? the proliferation of lawsuites. The PRESIDING OFFICER. It is the Recent surveys conducted by NAESP and tected by NEA’s $1 million professional li- the American Tort Reform Association indi- ability policy from their first day of mem- McConnell amendment No. 384. cate that there has been a significant in- bership. Mr. REID. Mr. President, I don’t crease in lawsuits against educators. Nearly This legislation is structured simi- know what the unanimous consent re- a third of the suits were dropped, about one- larly to the Volunteer Protection Act quest was of the Senator from Ken- quarter were settled out of court, and the re- of 1997 and is nearly identical to teach- tucky, but I ask unanimous consent mainder were resolved in the principal’s er protection legislation introduced by that we go back to the Murray amend- favor. Virtually no judgments were found Paul Coverdell, S. 1721, in the 106th ment that was pending prior to the against principals, a fact that leads one to break. conclude that many of the suits could be de- Congress. Simply put, this amendment scribed as frivolous. Each time there is a extends a national standard to protect The PRESIDING OFFICER. Without lawsuit, valuable time must be taken away from liability those teachers, prin- objection, it is so ordered. from the teaching and learning process and cipals, and education professionals who The Senator from Missouri.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4474 CONGRESSIONAL RECORD — SENATE May 8, 2001 AMENDMENT NO. 378 TO AMENDMENT NO. 358 At a time of record budget surplus, it ability system includes support for Mrs. CARNAHAN. Mr. President, I is our moral responsibility to do what high standards for schools serving dis- commend my colleague, Senator MUR- is right for our children. We need a advantaged students; annual testing in RAY, for highlighting class size and the major new commitment to public edu- reading and math for all students in pupil-to-teacher ratio as a key ingre- cation. To do less is to falter in our grades 3 through 8; public dissemina- dient to educational excellence. stewardship as elected leaders and as tion of school-by-school data on A dramatic increase in the student parents and as citizens. achievement; additional assistance for population in all grades throughout the The time is now and the place is low-performing schools; and con- country has presented a serious short- here. As the poet, Gabriela Mistral, re- sequences for schools which fail to age of teachers. During the past 8 minded us: make needed improvements. With this years, as first lady and now as Senator, Many things can wait, the child cannot. emphasis on accountability comes a I have traveled across Missouri visiting Now is the time his bones are being formed, new emphasis on flexibility—providing schools in every part of the State. I his blood is being made, his mind is being de- States greater freedom and choice in have spoken with many dedicated edu- veloped. To him, we cannot say tomorrow, using Federal funds to address their cators who are frustrated by having his name is today. own needs and special situations. classes so large that individualized in- I yield the floor and suggest the ab- Given these important principles of struction is impossible. Teachers do sence of a quorum. bipartisan agreement, there still re- their best under the circumstances, but The PRESIDING OFFICER. The main issues which divide this body— they are handicapped when those in clerk will call the roll. issues which have been discussed force- our communities and government ig- The bill clerk proceeded to call the fully and effectively by Members on nore the plight of our classrooms. roll. both sides of the aisle: the seminal Missouri’s classroom teachers know Mr. CLELAND. Mr. President, I ask issue of funding, the compelling need that smaller classrooms and more indi- unanimous consent that the order for to upgrade and repair America’s public vidualized attention to students trans- the quorum call be rescinded. schools, the priority of class size reduc- lates into higher achievement scores, The PRESIDING OFFICER. Without tion, to name just three. especially for children of low-income objection, it is so ordered. Research has repeatedly shown, for families. Mr. CLELAND. Mr. President, last example, that class size directly re- Students in smaller classroom set- Congress the Senate debated the reau- lates to the quality of education. Stu- tings are more likely to graduate on thorization of the landmark Elemen- dents in smaller classes consistently time and less likely to drop out, and tary and Secondary Education Act. Un- outperform students in larger classes they are more likely to enroll in hon- fortunately, that debate ultimately on tests, and are more likely to grad- ors classes and to graduate in the top broke down over disagreement on the uate on time, stay in school, enroll in 10 percent of their class. federal role in education and the course honors classes, and graduate in the top It is not only the number of kids in we should pursue to improve America’s ten percent of their class. I have sup- the classroom that concerns me but schools. That debate has now resumed ported in the past, and will continue to the physical condition of the classroom under a new President and a new Con- do so, a national effort to hire and itself. Far too many school buildings gress. Today there is real bipartisan train 100,000 additional qualified teachers to reduce class sizes in the early are in need of repair. Two years ago, agreement on measures we can take grades. It is an investment in reducing the U.S. Department of Education re- that will lead to a better future for teacher turnover and in improving stu- ported that about 25,000 of the Nation’s America’s public schools and the fifty existing school buildings had ‘‘exten- dent performance. million students who rely on those sive repair or replacement needs.’’ The As some Members have noted on this schools to provide them with a quality Department estimated that almost 12 floor, the education bill has evolved education. million students were attending from the BEST bill reported out of The Better Education for Students schools with poor roofing. Another 12 committee. It is a work in progress, and Teachers Act, unanimously sup- million were in buildings with outdated shaped by negotiations still on-going. ported by the Senate HELP Com- plumbing, and almost 15 million were During debate on S. 1, I intend to offer mittee, encompasses President Bush’s in buildings with inadequate heating, the provisions of my Immigrants to emphasis on literacy and his laudable ventilation, and air conditioning. New Americans Act as an amendment. In Missouri’s public schools, they goals to improve reading skills in the Information from the 2000 census shows face the daunting prospect of some $4 early grades and among disadvantaged that the impact from a dramatic surge billion in construction needs over the students. Consensus also exists among in immigration is transforming the Na- next decade. In addition, 59,000 children Republicans and Democrats alike that tion. in Missouri study in portable class- in order to improve student achieve- This surge in immigration is increas- rooms. In Nixa, MO, the Nation’s sec- ment, we must also improve teacher ingly challenging U.S. schools and ond fastest growing school district, all quality. What teachers know and can communities from Florida to Wash- fourth graders at Matthews Elemen- do are the single most important influ- ington State. My amendment would tary are in trailers behind the school. ences on what students learn, accord- provide resources to these communities Too many of our schools have a crisis ing to the National Commission on to help ensure that children with di- of infrastructure. Allowing this is a sad Teaching and America’s Future. verse linguistic and cultural back- commentary on our priorities in the And yet today in America, nearly one grounds—and their families—are served 21st century. Because I believe that im- quarter of all newly hired public school appropriately. This amendment is proved classrooms are essential to the teachers lack the qualifications for based on legislation Senator Coverdell future of our Nation, I will vote with their jobs, and approximately the same and I introduced in the last Congress, Senator HARKIN later this week to pro- percentage of all secondary school and it would provide funding to part- vide a Federal investment in school in- teachers—25 percent—do not have even nerships of local school districts and frastructure. a minor in their main teaching field. community-based organizations for the True, we must demand high stand- The BEST bill endorses President purpose of developing model programs ards and rigorous accountability in our Bush’s emphasis on the importance of with a two-fold purpose: one, to assist schools, but reform can only come with improving teacher quality and his pro- immigrant children achieve success in the resources to do the job. It must posal for holding States accountable America’s schools and, two, to provide come with flexibility for States and for providing all students with ‘‘effec- their families with access to com- local school districts to meet their tive teachers.’’ prehensive community services, includ- unique needs. Any nutritionist or This brings us to the core of Presi- ing health care, child care, job training mother will tell you that it takes good dent Bush’s education plan and the bi- and transportation. It has widespread food to grow strong bones and bodies. partisan BEST bill: the creation of a support, including endorsement by the Likewise, we cannot have strong new accountability system which for U.S. Conference of Mayors, the Na- schools if we starve the educational the first time links Federal funding to tional Association for Bilingual Edu- system. school performance. This account- cation, the League of United Latin

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4475 American Citizens, and the National Mr. CLELAND. Although data show My amendment would also establish Council of La Raza. juvenile violent crime decreased in the a toll-free, nationwide hotline for stu- At the appropriate time I will also late 1990s, appearing to counter the dents to report criminal activity, offer an amendment that addresses the predictions of a teenage crime wave, threats of criminal activity, and other all-important issue of teacher quality. criminologists and policymakers re- high-risk behaviors such as substance Each school year more than 45,000 main concerned about the continued abuse, gang or cult affiliation, depres- under-prepared teachers—teachers who high level of juvenile violence. The sion, or other warning signs of poten- have not even been trained in the sub- tragic shooting at Heritage High tially violent behavior. jects they are teaching—enter the School in Conyers coupled with the in- Finally, the National Center would classroom. Astounding. We know, too, cident in Littleton, Colorado and the compile information about the best that those students most in need of other recent senseless shootings in our practices in school violence prevention, help are those who have the least ac- Nation’s schools serve as terrible indi- intervention, and crisis management. cess to quality teachers and teaching. cations of the seriousness of the youth Specifically, the center would work to Just consider: Over half of title I re- violence problem. I have traveled ensure that local governments, school sources go into teaching assistant sala- throughout Georgia, speaking and ex- officials, parents, students, and law en- ries. Yet less than one-fifth of teaching changing ideas with students, teachers forcement officials and agencies are assistants have a college degree, and and parents regarding this critical aware of the resources, grants, and ex- only 10 percent have college degrees in issue. Although there is certainly no pertise available to enhance school the nation’s poorest title I schools. one answer to the problem of youth vi- safety and prevent school crime, giving This is a formula for student failure. olence, I believe that an open dialogue special attention to providing outreach Fortunately, the education bill we among educators, students, community to rural and impoverished commu- are debating acknowledges the well-re- leaders, and law enforcement officials nities. searched fact that the training of our is a crucial first step. My school safety enhancement In fact, a report issued by the De- Nation’s teachers is the single most amendment would require coordination partment of Education in August, 1998, important in-school influence on stu- among three Federal agencies on the entitled ‘‘Early Warning, Early Re- dent learning. The amendment I will all-important issue of safety in our sponse,’’ concluded that the reduction offer allows States an additional option schools. Specifically, it would author- and prevention of school violence are of providing funds to innovative col- best achieved through safety plans ize a total of $24 million in grants by laborations of K–12 schools and institu- which: involve the entire community; the Secretaries of Education and tions of higher learning devoted to pro- emphasize both prevention and inter- Health and Human Services and the fessional preparation of teacher can- vention; train school personnel, par- Attorney General to help communities didates, faculty development, the im- ents, students, and community mem- develop community-wide safety pro- provement of practice, and enhanced bers to recognize the early warning grams involving students, parents, edu- student learning. signs of potential violent behavior and cators, guidance counselors, psycholo- The amendment I will offer now ad- to share their concerns or observations gists, law enforcement officials or dresses the troubling issue of violence with trained personnel; establish proce- agencies, civic leaders, and other orga- in our Nation’s public schools. No dures which allow rapid response and nizations serving the community. In other event in recent times has so intervention when such signs are iden- order to establish the National Center united Americans—from Savannah to tified; and provide adequate support for School and Youth Safety the San Antonio to Sacramento—as the and access to services for troubled stu- amendment authorizes the Secretary of student shootings in Littleton and Her- dents. In addition, the Department of Education to make available $15 mil- itage High, and in other schools across Justice’s Bureau of Justice Statistics lion from amounts appropriated to the the country. There is a consensus in and the Department of Education’s Na- agency, and the Attorney General to every borough, town and city through- tional Center for Educational Statis- make available $35 million from out the United States: Bloodshed in tics found that in 1998, ‘‘students aged amounts appropriated for programs ad- our schools cannot and will not be tol- 12 through 18 were victims of more ministered by the Office of Justice Pro- erated. than 2.7 million total crimes at grams of the Department of Justice, Therefore, I offer an amendment to school...[and they] were victims of for each of fiscal years 2002 through the education bill that addresses the about 253,000 serious violent 2005. critical issue of safety in America’s crimes . . .’’ Amazing. While overall Organizations that support this classrooms. indicators show declines in school amendment include the National Edu- AMENDMENT NO. 376 TO AMENDMENT NO. 358 crimes, students still feel unsafe at cation Association, the International (Purpose: To provide for school safety) school. Brotherhood of Police Officers and the Mr. CLELAND. Mr. President, I ask Therefore, my amendment, the Georgia Association of Chiefs of Police. unanimous consent to lay aside the school safety enhancement amend- It is essential that we come together Murray amendment we are currently ment, which is based on legislation de- as a Nation to provide the necessary considering in order to send my amend- veloped in the last Congress by Senator resources to support our children at ment to the desk. Robb of Virginia, would establish a Na- every level and that means providing The PRESIDING OFFICER. Without tional Center for School Youth Safety safe learning environments for all of objection, it is so ordered. tasked with the mission of providing our children. Therefore, I urge the Sen- Mr. CLELAND. I send to the desk schools with adequate resources to pre- ate to support school safety and our amendment No. 376 and ask for its im- vent incidents of violence. The Na- children by adopting my amendment. mediate consideration. tional Center for School Youth Safety Mr. President, I ask unanimous con- The PRESIDING OFFICER. The would establish an emergency response sent that the pending amendment be clerk will report. system, operate an anonymous student temporarily set aside. The assistant legislative clerk read hotline, and conduct consultation, in- The PRESIDING OFFICER (Mr. as follows: formation and outreach activities with CRAPO). Without objection, it is so or- The Senator from Georgia [Mr. CLELAND] respect to elementary and secondary dered. The Senator from Washington. proposes an amendment numbered 376 to school safety. Under my amendment, Mrs. MURRAY. Mr. President, what amendment No. 358. the center would offer emergency as- is the pending amendment? Mr. CLELAND. Mr. President, I ask sistance to local communities to re- AMENDMENT NO. 378 unanimous consent that the reading of spond to school safety crises, including The PRESIDING OFFICER. The Mur- the amendment be dispensed with. counseling for victims, assistance to ray amendment was set aside tempo- The PRESIDING OFFICER. Without law enforcement to address short-term rarily for consideration of the Cleland objection, it is so ordered. security concerns, and advice on how amendment. Now the Cleland amend- (The text of the amendment is lo- to enhance school safety, prevent fu- ment has been set aside. cated in the RECORD of May 4 under ture incidents, and respond to future Mrs. MURRAY. I assume we are on ‘‘Amendments Submitted.’’) incidents. amendment No. 378, class size.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4476 CONGRESSIONAL RECORD — SENATE May 8, 2001 The PRESIDING OFFICER. The Sen- when it comes to issues of elementary As I said, we have the data. We have ator is correct. We are on the Murray and secondary education. I think Sen- the research. It has confirmed what we amendment. ator MURRAY has eloquently stated— intuitively already knew, what stu- Mrs. MURRAY. Mr. President, we not just eloquently but backed with dents knew, what teachers knew: began the discussion this morning the data and the facts—that smaller smaller classes boost student achieve- about the very important issue of re- class sizes lead to better student per- ment. They get better grades. ducing class sizes in first, second, and formance and a healthier atmosphere We also know that minority students third grades. To me, this is one of the in our schools. It reduces violence in especially perform better than their most important issues facing us as we our schools. When kids are not crowded peers in larger classes. The news re- debate the Elementary and Secondary together, when they have some space lease was put out on August 6 about Education Act: whether or not we are and they have that one-on-one with the Project STAR, the Student-Teacher going to continue our commitment to teacher, their frustration level de- Achievement Ratio. It is a Tennessee first, second, and third grade class- creases and they can better learn and study. It tracked the progress of 11,600 rooms across this country to ensure better associate with their peers. elementary school students and their students are in a class small enough for In the debate we are going to have on teachers comparing those who were them to learn the basic skills that all elementary and secondary education, randomly assigned to smaller classes— of us want them to learn: reading, writ- we are all going to have important 13 to 17 students for grades K–3—with ing, and math. amendments. I am going to have one those randomly assigned to larger class I see the Senator from Iowa is on the on school construction, to help our sizes—22 to 25 pupils—or regular size floor. He has been a very strong sup- schools meet that need. But really, classes with a teacher’s aide. porter of reducing class size in early when you think about what we need in All the students were in regular-sized grades. the earliest years—kindergarten, first, classes from the fourth grade on. So, I yield for him. second, third grade—this amendment, I again, they compared the students in submit, is the single most important. The PRESIDING OFFICER. The Sen- the smaller class sizes, 13 to 17 stu- You can have the most modern class- ator from Iowa. dents, with students who were in classrooms in the world; you can have the Mr. HARKIN. Mr. President, first I es that had 22 to 25 students. What best buildings; you can be wired for the thank my friend and my colleague on they found was smaller classes have a the Education Committee, Senator Internet; you can have all this great stuff; but if you have one teacher greater effect on African-American MURRAY from Washington, for always students than white students. While being in the forefront of this battle to teaching 30 kids, it doesn’t mean a thing. So this really is the hub around students were in smaller classes, the make sure our class sizes are small which the rest of this is all spinning. black-white gap in achievement fell by enough so the kids can learn and teach- I have seen with my own eyes what 38 percent. That is significant, 38 per- ers can teach. Truly, as I traveled has happened in the last couple of cent. And it remained 15 percent small- around my State and traveled around years in my State of Iowa with class er after the students returned to nor- the country, visiting different schools size reduction. When you talk with mal-sized classes after the fourth in different areas, Senator MURRAY’s teachers who have had 25, 28 students grade. name has become synonymous with the and they now have 18—I talked to one While they were in kindergarten nationwide drive to get smaller class teacher in Iowa who had 15 students in through third grade, the gap between sizes for all of our kids in elementary a first grade class. She thought she had the score achievement results for stu- school. So I congratulate her for being died and gone to heaven. She said: This dents between black and white in- our champion on perhaps one of the is why I became a teacher. When I went creased by 38 percent. Even when, in most important steps we can take to through college and I got into student fourth grade, they went into regular ensure success in school. teaching, I remember I was in class- size and bigger classes, it was 15-per- To hear tell from the administration rooms with 28 or 30 kids. I got out of cent smaller than for those who were and from President Bush, some would college and I remember—the first class never in smaller classes. have you believe the most important she told me about, I forget the exact Again, what we all know is if you get thing we could do is test, test, test, number but it was 25, 26, 27, 28 kids. to them early in life and you give them year after year, as the most important Now she has 15. She says now she can good instruction and good teaching and way to assure success in school. I teach as she was taught in college. You good support, it carries on. If you cheat strongly agree with the need to de- could just see it on her face, just how them out of that early in life, that also mand greater accountability but if a she felt about her job. You could see it carries on. teacher has 25, 28, 30 or more kids in a in the kids’ faces, too. I will have more How many times do we have to learn classroom, I don’t care how many to say about that in a second. around here that patching, fixing, and times you test them—you can test This is what we are talking about. mending will get you a little bit, but to them every month, you can take their This is a picture that says it all. It is do it right in the first place in kinder- temperature every month—you are a modern classroom. It is well lit, well garten, first, second, third and, I sub- cheating those kids and you are cheat- structured. There is plenty of work mit, even in preschool, means you ing the teacher because that teacher space. There are 18 kids. This is the don’t have to patch and fix and mend simply cannot give the kind of hands- Cleveland Elementary School in Elk- and repair later on, and you are much on instruction that the teacher needs hart, IN. That is the kind of classroom further ahead. to give to individual students. So the a teacher needs, to be able to give the That is what this study shows. This most important thing is not testing. I kind of personal attention that a stu- was not just a small study; this was will say more about that later. The dent needs. That is what we are talking 11,600 students. The study says that most important thing is to get the kids about, that kind of classroom. smaller pupil-teacher ratios can ac- early in life. The Class Size Reduction Program count for almost all of the narrowing I know Senator MURRAY was a pre- has been a great success. Since 1999 of the black-white gap since 1971 as school teacher. It is the most impor- when Senator MURRAY first started measured by the National Assessment tant job she has ever had in her life, I this effort, more than 29,000 teachers of Educational Progress exam. would say. It is more important than have been hired and more than 1.7 mil- The study says smaller classes in- even being a Senator, as a matter of lion children are benefiting because creased the likelihood that black stu- fact. And by serving on the school they are in smaller classes. Yet the bill dents who take the ACT or the SAT board, she brings the hands-on knowl- we have—and I might say the budget college entrance exams grew from 3l.8 edge about education that so many of we are going to be voting on tomor- percent to 41.3 percent, a sharper in- us probably lack. row—will not allow us to continue this crease than among white students, I never taught school, and I have program. This is not the time to aban- which grew from 44.7 percent to 46.4. If never been on a school board, so I put don the national commitment we have all students were assigned to a small great weight and great credence on the had in the past to reduce class size class, the authors of the study wrote, positions taken by Senator MURRAY across America. the black-white gap in taking a college

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4477 entrance exam would fall by an esti- how many kids per teacher are in these ty—had 27 students in her second grade mated 60 percent. earlier classes. You can have the best class. I visited her last year, and be- Think about that. If all students trained teacher in the world. If you put cause of class size reduction, she was were assigned—they are extrapolating, him or her in a class of 30 kids and down to 21 students. She thought it I know. We have the study of 11,600. If they can’t teach well, those kids are was still too many, but she said 27 was you extrapolated that out, the black- going to be cheated. way too many. She said: white gap in taking college entrance This is really the amendment to say It’s very difficult with that many students. exams would close by an estimated 60 whether or not we really care about When you’re trying to teach them to read percent. leaving any children behind. and give them basic arithmetic, you need to When we talk about not leaving kids As I said earlier, I have visited many be able to do it in a small group and give behind, let’s face it. What are we talk- schools in my State in the last couple them individual attention. ing about? Under the Bush budget that of years since we started the class size She pleaded with us to continue the we see coming down the pike and we reduction program. The enthusiasm program because her goal was to get will be voting on tomorrow, he says and the support among the teachers, down to 18 students, where she believes leave no kid in the suburbs behind. the principals, and parents is incalcu- she could really then fulfill her obliga- Leave no kid behind who has well- lable. Time after time they were say- tion and her commitment to being the heeled parents, or parents who are Sen- ing, thank you; it is about time we best teacher possible. ators, Congressmen, Presidents, or were doing this. The Class Size Reduction Program is CEOs of major oil companies, or law Last month I held two appropriations simple. It is flexible. It is popular. So I, firms. Let’s face it. We have good pub- field hearings in Iowa. I heard from a for one, cannot understand why we are lic schools. We are talking about the lot of people about all aspects of ele- having a problem. Is it budgeted? It kids who have bad schools and poorly mentary and secondary education. But can’t be the budget. The budget has trained teachers. Yes, we are talking I think the most poignant testimony $400 billion in some contingency fund— mostly about minority students. had to do with class size reduction. $400 billion—for the next 10 years. So it As we talk about trying to leave no Jolene Franken, president of the can’t be a budgetary matter. We have a kid behind, we should be talking about Iowa State Education Association, has surplus out there. We are going to give not leaving behind those who are at the 30 years of teaching experience in Iowa tax breaks, they tell me, to a lot of bottom of the economic ladder. That is elementary schools. This is what she people. People who make over $1 mil- really what we are talking about. You told me: lion a year are going to get tax breaks. don’t leave those at the top of the lad- Try teaching 30 students versus 20 students So this is not a budget item. It is not der behind. They are never left behind. and see how much individual help you can that we do not have the money to do We make a good living here. Our kids give to students.... In order for teachers to this. We do. It is a matter of priorities. are never left behind. The sons and do their best, they must know their stu- That is all it is, a matter of priorities: daughters of CEOs, of corporation law- dents’ needs, learning styles, strengths and what do we want to do? weaknesses—these things are impossible Last week, with the help of Senator yers and lawyers downtown and college with large class sizes. teachers are never left behind. The JEFFORDS, Senator MURRAY, Senator Sherry Brown, Cedar Falls, testified sons and daughters of those who are HAGEL, and others on both sides of the on behalf of the Iowa PTA. She said: new Americans, many of them immi- aisle, we adopted an amendment that grants who come to this country, and The advantages of small class-sizes in the appropriated $181 billion for special early grades on overall academic achieve- education over the next 10 years to the African Americans who have been ment are well documented, but the advan- denied the opportunities for education tages also include improved parent involve- help us meet our goal of providing at in our country for as long as they have ment. When teachers have fewer students, least 40 percent of the average per been here on our shores—and that goes they have fewer parents with which to com- pupil expenditure. We did that. And back 400 years—is what we are really municate and are able to confer with them there is money to do that. talking about, not leaving kids behind more frequently. So it seems to me that, again, in our who are at the bottom rungs of the lad- Maybe that is something some of us actions we could ask: Is that a pri- der. haven’t thought about. After what ority? Yes, it is. Certainly it is a pri- If that is what we are talking about, Sherry said, I thought about it. It ority. then we need smaller class sizes be- stands to reason that we want parents A few minutes ago I said that per- cause the study shows they are the more involved with their kids’ edu- haps the biggest beneficiaries of small- ones who benefit the most. Everyone cation. A lot of that has to do with the er class sizes are our minority stu- benefits for smaller class size. Don’t teacher talking to these parents and dents. I take it back. I misspoke. The get me wrong. But those who are mi- getting the parents involved. When you biggest beneficiaries of smaller class nority students who come from the low have a huge class and 60 parents, it is sizes are our students with disabil- socioeconomic strata of America are very hard to communicate with all of ities—our kids who have special needs, the ones who benefit the most. them. Cut that down by a third or who no longer are warehoused and The teen birth rate for those assigned more. Then you can see what Sherry pushed into institutions but are now to smaller classes is one-third less Brown was talking about. They can living with their families and are going among white females and 40 percent talk to the parents more frequently. to their neighborhood schools with lower for black teenage males. During a visit to Starry Elementary their friends and their neighbors, but Crime: Conviction rates were 20 per- School in Marion a while back, I spoke they have special needs. cent lower for black males who were in with Reggie Long, a first grade teacher They may be physically disabled. smaller classes than their peers who for 30 years. She told me she really ap- They may be mentally disabled or a were in regular size classes. preciated the smaller classes. She said: combination of both. But would anyone Perhaps these aren’t statistically ab- It’s nice because I can give individual at- stand in this Chamber and say it is solute, but statistically they show tention to the kids. We just give them so time to turn the clock back? That trends and what happens when you much academically now. If you don’t give those kids should not be in the class- have smaller classes. them individual help, they can’t succeed and room? That we ought to go back to the Again, we are talking about not leav- we can’t succeed as teachers. old days that I know a lot of us remem- ing any student behind. This is really The superintendent of the school dis- ber, when kids with disabilities were the hub of it. There is the center of the trict said: sent across the State to some institu- universe. A lot of it is spinning around The key to effective teaching is getting to tion, deprived of the support of their out there in terms of having better know the students and parents. families, deprived of their friends and schools and better trained teachers, William Jacobson said that it is easi- their neighbors, simply because they better equipment, wired to the Inter- er when teachers have fewer students had one disability or another? I bet net, accountability, and testing. All of in their classes. there isn’t one Senator who would that is sort of spinning around out Two years ago, Angie Borgmeyer, a stand in this Chamber and advocate there. But in the center of all of it is teacher in Indianola—my home coun- that. I do not think there are too many

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4478 CONGRESSIONAL RECORD — SENATE May 8, 2001 people in this country who would advo- discipline problem arises out of the classroom.’’ The kids aren’t crowded cate that. frustration that this young person with together. Think what it means to a We have come too far. We know that the disability has because their special child to have a little bit of space; they both the kids with the disabilities and needs are not being attended. are not all crowded together. It means the kids without the disabilities ben- I remember a classic case one time a lot to us, too. efit from this interaction in our class- where we had a deaf child, a deaf stu- Here is another one. This is Miguel rooms. We have seen it. We know it. dent, in a classroom and they were Gonzalez. He says: ‘‘We are not crowd- The kids without disabilities become using visual aids, television. The kids ed.’’ And you can see all the kids are more sensitized. They become more un- would watch television as part of their happy. They all have smiling faces. derstanding. As I have said many times learning program. I don’t know wheth- This is from Tony. Tony says: ‘‘More in dealing with this issue of education er it was ‘‘Sesame Street’’ or whatever. books so I can learn easier, from the li- and disability, when you put such kids I am not certain what the program brary.’’ I assume he means he can get together early on, then the fact that was. After a few days of this, the stu- more books so he can learn easier be- they are going to later associate in the dent who was deaf began to act up and cause it is not so crowded. He is read- workplace with someone who has a dis- throw things, hit other kids, became ing a book about space, he wrote there. ability is no big deal. disruptive. What was the first impulse That is a second grade kid. When we first passed the Americans of the teacher? Get that kid out of Here is one; this is Gentrie. Gentrie with Disabilities Act, more and more class. The kid is becoming disruptive; I says: ‘‘I can spend more time with the people with disabilities started getting can’t handle him. teacher.’’ Here is the teacher saying, into the workplace. I spoke in this They pointed out that the reason the ‘‘Hello, Gentrie.’’ And here is Gentrie Chamber many times and said: I know kid was disruptive was because he saying, ‘‘Let’s talk.’’ A second grade what people are saying. They are un- didn’t understand what was going on kid, through this picture, says: ‘‘Hello, comfortable around people with dis- on the television—they didn’t have Gentrie.’’ She says, ‘‘Let’s talk.’’ With abilities. They don’t know what to do. closed captioning—because he had been smaller class size, Gentrie can talk to They don’t know how to act. I have al- deaf since birth. He had trouble speak- her teacher. ways said: Just be yourself. You’ll be ing. So he was acting out his frustra- That kind of sums it up in terms of far ahead. But I understand that. tion by being disruptive in school. But the Murray amendment and what it To break down that feeling of being when they fixed the problem, they put means. uncomfortable or not being able to as- in closed captioning, it was amazing; We are going to have a budget con- sociate with people who have disabil- the discipline problem went away. ference report, I guess, tomorrow. We ities, put all children in school to- You are going to hear more about put $320 billion into that budget. Sen- gether. Let them play together. Let this issue of discipline. Keep in mind ator JEFFORDS and others, Senator them grow up together. They will find how frustrated and angry some of these SPECTER, Senator CHAFEE, had all that it is no big deal. So it helps kids kids who have special needs and dis- voted to put more money into edu- with disabilities and kids without disabilities got, and they are not being cation. We had over $300 billion that we abilities. It helps all of society. supported so that they can get an ap- put in for education over the next 10 What am I getting to in talking propriate education. years. The Bush budget had $21.3 bil- about this? I guess what I am getting Again, I come back to my point. If we lion for 10 years. We said that is not to is that we put all this money into have smaller class size, the teacher can enough. So we boosted that to $320 bil- special education, to help our local pay more attention to the student with lion over 10 years. school districts meet their obligations special needs. Any way you measure it, The House, interestingly enough, had to educate kids with disabilities, but I believe this amendment before us now passed the budget with the President’s the biggest beneficiaries of small class is the key to having healthier, happier, figure of $21.3 billion in education over size, I would submit, are those kids more productive students, students the next 10 years, an increase. Usually with disabilities. who will go on to achieve more. The when we pass something here and they If you have a big class, how much at- idea that somehow if we are going to pass something different in the House, tention is that student with special test later on—we are going to test from we go to conference and compromise needs going to get? If you have a small- the third to the eighth grade—we are somewhere between the two. We passed er class, the teacher can pay more at- going to test every year now, that a $320 billion increase in education over somehow this is going to make them tention to both the minority students 10 years; the House passed a $21.3 bil- better students, there is a place for and the kids with disabilities. lion increase over 10 years. You would So I correct what I said. I think the testing—but not without the support of have thought that maybe we would biggest beneficiaries of smaller class the funding for it, though—if you don’t have a compromise somewhere in the have smaller class size, this testing size maybe are not minority students middle. The conference report has isn’t going to mean a thing. That is but kids with disabilities. It seems to come back with has a zero increase for why we have to adopt this amendment. education. They didn’t even take Presi- me, if we want to back up what we did I don’t suppose the camera can pick dent Bush’s $21.3 billion, as meager and last week, in providing the funds for these up. I had some other items here penny pinching as that was. They ze- special education, this is the amend- that were sent to me. Here are some ment with which to do it, to make sure second grade kids in McKinley School roed it out. So the money we put in for edu- we have smaller class size. in Des Moines who made some posters cation, the budget conference that we Maybe this isn’t the time, but I am for me, talking about how they felt will consider later this week a zero in- constrained, nonetheless, to talk a lit- with smaller class size. tle about an issue because it is going to Here is one that said: ‘‘There are crease, zero. What they did was they come up—I anticipate that it will come more books and time to spend with took all the money and put it in a con- up—and that is the whole issue of dis- adults.’’ That is a second grader who tingency fund, $400 billion in a contin- cipline and discipline in our schools. wrote that. gency fund for 10 years. That pot of It is a major issue. I am not in any Here is another one. I like this one. money can be used for anything, as I way denigrating it nor saying the prob- These kids are all standing in line to understand it. It can be used for any- lem isn’t there, that it does not exist. go into the library, and this student thing we spend money on. So that Of course it does. Any of us who have said: ‘‘It takes less time to do things.’’ means education is sort of put down on put kids through school know that it is Smaller class size means they don’t the level with everything else. It is not an issue. But time and time again, have to stand in line so long to get that important. We will just put it when I have looked at the issue of dis- their books. This is looking at it down with everything else. But this cipline, especially when it concerns through the eyes of second graders who Senate, last week, said education was children with disabilities, who are have seen what it means to be in small- more important; that it deserved to be under an individual education program, er classes. increased by over $300 billion over the an IEP—which qualifies them under I like this one. This is Chelsea. Chel- next 10 years. Later in the week we the IDEA program—most often, the sea says: ‘‘There is more space in my will have a budget conference report

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4479 that says: No, not only will we not tion, or whether it is paying teachers that. What we are implementing in this even put in the President’s $21.3 billion more, or for teacher development, or bill is a rigorous accountability system increase; we will put in a zero increase stipends. That is a very good idea to that demands results from all students, for 10 years. empower local school boards to meet including those whom we have pre- That is why I believe it is so impor- local needs as regards teachers. viously classified as disadvantaged stu- tant for us to have a strong vote on the (The remarks of Mr. ALLEN are lo- dents. Murray amendment for class size re- cated in today’s RECORD under ‘‘Morn- I want to take a minute to summa- duction. Once again, we have to tell ing Business.’’) rize the key components of this new those budget negotiators that what The PRESIDING OFFICER. The Sen- performance-based accountability sys- they did is totally inadequate, if we are ator from New Mexico. tem. really going to meet the needs of edu- Mr. BINGAMAN. Mr. President, I The bill ensures that Federal funds cation over the next 10 years. rise, first, to support the amendment will be directly tied to gains in student That is why I am hopeful we can have by the Senator from Washington re- performance and, most importantly, it a good, strong vote on the Murray garding class size reduction. This is a ties these funds to increased student amendment. We know the figures. We very important amendment. It is one achievement for all children. The ac- know the facts. We have the studies. that will result in $13 million of addi- countability system incorporated in We know what smaller class size tional funds coming to my State of the bill goes a long way to ensuring means. If we just stop and think to New Mexico in fiscal year 2001. that a primary goal of Federal funding ourselves, think about our own edu- It is a very important initiative and is the elimination of the existing cations and our backgrounds, it is just one that I hope very much we can achievement gaps between disadvan- common sense. We really don’t need a adopt as part of this bill. taged and advantaged groups. lot of study. Sometimes just good old- I want to also speak more generally The components of the account- fashioned common sense tells us what about the legislation that is before us ability system include: First, raising standards for all stu- we ought to do, that a smaller class is and begin by complimenting Senator dents and providing an objective meas- going to mean more individual atten- JEFFORDS, the chairman of the Health, ure for that progress which can be ef- tion. As Gentrie said, she would talk to Education, Labor, and Pensions Com- fectively implemented through a grad- her teacher more. Teachers can talk to mittee, and the ranking member, Sen- ing system for States, school districts, parents more. Common sense says we ator KENNEDY, as well as our staffs for the fine work that has been done on and schools. have to do it. We have to have smaller Second, focusing on the progress of this bill. It is an honor for me to serve class size. disadvantaged students by setting sep- on that committee with them and to I guess the second question is, Can arate goals for their achievement so have participated in the development we afford to do it? Well, when you have schools must either show gains for of this legislation. $400 billion sitting in a contingency those groups or be labeled as failing to This legislation, the Better Edu- fund, nonallocated, for 10 years, I say make adequate progress as intended cation for Students and Teachers Act, yes, we can. We were talking about $1.6 under the grading system. billion last year. This amendment is contains many provisions that I sup- Third, identifying schools that are $2.4 billion. Let’s see, if I am not mis- port and many that I have advocated failing to meet their goals in a timely taken, that would be about one-half of for some period of time. I am especially manner so they can receive the addi- 1 percent, roughly, of what is in that pleased with the new accountability re- tional resources and support to help contingency fund. Can we say we can’t quirements that are in title I of the bill those schools turn around; also, there use some of that money to reduce class and throughout. are strict consequences if that failure size? I think we have to follow common The bill also maintains several of the turns out to be chronic. sense around here and recognize that, most important programs that are tar- Fourth, working to ensure that every yes, we have the resources; yes, we are geted to specific problems that we see class has a qualified teacher and that a rich enough country; yes, we have the in my State of New Mexico and many low-income and minority students are money to do this; and we ought to do other States. not taught by unqualified teachers at what is right. For example, the bill makes a strong higher rates than other students. We ought to adopt the Murray commitment to reducing the very high Fifth, providing an expanded role for amendment and continue what we have dropout rates that currently affect parents by expanding public school done for the last couple of years, which many in our schools. The bill includes choice, establishing school report cards is working. We know it is working. The a measure to ensure that all teachers to inform parents about the quality of parents love it, as do students and are well equipped to use new tech- their schools, including the right to teachers. We know it is going to ben- nologies in their classrooms, to incor- know their teacher’s qualifications. efit the kids of America. Why stop porate it into their teaching to expand I do believe these strong account- now? I think the answer is, don’t stop opportunities for students in every ability provisions in the bill are the it now; keep it going. Keep reducing school. right thing to do. They will improve class size. Let our teachers teach the There are also provisions in the bill academic achievement of all students, way they want to teach and our stu- to encourage more advanced placement and I thank the chairman of the com- dents learn the way they want to learn, instructions to raise the level of aca- mittee, Senator JEFFORDS, and the in close relationships. We will have demic performance in our high schools ranking member, Senator KENNEDY, healthier and better schools in the fu- and middle schools leading into those and the administration for joining in ture for America. advanced placement courses at the promoting these tough new standards. I yield the floor. high school level. I also thank and acknowledge Sen- Mr. JEFFORDS. Mr. President, I ask Clearly, the centerpiece of the bill is ator LIEBERMAN and Senator Bayh for unanimous consent that the Senator this section related to accountability. the important role they played in sup- from Virginia be allowed to proceed as For the first time, States and school porting these strong accountability in morning business for 5 minutes. districts and individual schools will be standards. The PRESIDING OFFICER. Without held accountable for improving the I am also glad the committee in- objection, it is so ordered. The Senator academic performance of all students. cluded three other important measures from Virginia is recognized. I am pleased the President adopted in the bill as it was reported. The first Mr. ALLEN. Mr. President, I will many of these accountability meas- is the dropout prevention program I simply say the compassionate speeches ures. Senator LUGAR and I introduced a mentioned earlier. The second will help we have heard are interesting and cer- bipartisan bill earlier this year. Many train teachers in the use of technology tainly true. Earlier today we had Sen- of those provisions now are contained in the classroom. I also mentioned ator KENNEDY’s amendment, which will in S. 1. that. And the third expands the oppor- give billions of additional dollars to lo- Implementation of tough and manda- tunities for students to take advanced calities for teachers so that children tory accountability standards is now a placement courses while in high school. can have more individualized atten- bipartisan effort. I feel very good about That I also mentioned.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4480 CONGRESSIONAL RECORD — SENATE May 8, 2001 All three of these measures have why the dropout prevention provisions TIM HUTCHINSON is a cosponsor. The broad bipartisan support. All were in the bill are so important. other amendment is to expand a suc- adopted unanimously in the com- In addition, I believe it is critical cessful pilot program to create small mittee. The dropout program makes that States be required to set goals to learning communities within larger lowering the school dropout rate a na- reduce those dropout rates and report schools, the so-called schools within tional priority. their dropout rates along with their schools. Both of these have passed the Parenthetically, lowering the school annual test scores. Senate before. I am hopeful the Senate dropout rate was one of the original Senator HARRY REID of Nevada has will agree to include them in this goals former President Bush and the 50 been a long-time champion on this BEST bill. Governors agreed upon in Charlottes- issue and has cosponsored this dropout I would like to conclude with one ville in 1989. Including it in this legisla- bill provision with me. I thank him for final point. I do think it is important tion is extremely important. all his good work. for all Senators to remember this is an It is well known that the failure to The bill also includes provisions from authorization bill. I expect it will pass acquire a high school diploma is one of a bipartisan Technology for Teachers with bipartisan support. But the real the greatest barriers to future employ- Act, that I introduced along with Sen- proof of the will and determination of ment, earnings, and advancement. High ators COCHRAN, ROCKEFELLER, and ROB- this Congress to improve education school completion rates remain dis- ERTS. Technology does promise to will come in the appropriations proc- tressingly low in many communities transform education. Unfortunately, ess. across this country and, unfortunately, too many of our schools do not take On the one hand, President Bush has in many communities in my State of full advantage of this opportunity sim- imposed a variety of new requirements New Mexico. ply because the teachers have not been on the States including annual testing, The problem is disproportionately properly trained to use the technology. but on the other hand the administra- greatest among the minority and low- I am pleased this bill includes our tion’s budget, at least so far, does not income students. Over 3,000 students measure to continue the successful provide significant increases for edu- drop out of school each day. Hispanic ‘‘Preparing Tomorrow’s Teachers to cation. I support many of the proposed youth are nearly three times more Use Technology’’ program. The pro- reforms, but so far I have failed to see likely to drop out of school as their gram provides grants to consortia of the commitment of resources needed to Anglo classmates. schools of education and State and make those reforms possible. I, for one, It does not need to be this way. There local education agencies to develop intend to be speaking out. We need ap- is now strong evidence that efforts that teacher preparation programs to en- propriate funding levels for education are focused on students most likely to sure that new teachers have the tools this year and for each of the years cov- drop out, especially at the ninth grade they need to take full advantage of new ered by this 7-year authorization bill. level, can dramatically improve the teaching technologies in their class- I do believe that much of what we are odds that those students will finish rooms. proposing in this bill will not be suc- high school. Another important new measure in- cessful unless we are willing to make For example, in my State of New cluded in the bill is the Advanced the full investment of Federal funding Mexico, Cibola High School in Albu- Placement Program. This bipartisan required. What is called for now is an querque is using just such a focused ef- program is cosponsored by Senators investment in our children’s future, an fort and a small Federal grant to re- Hutchison and Collins. Advanced place- investment I believe our children de- duce its dropout rate from 9 percent to ment programs provide high school serve. less than 2 percent in just 4 years. Last students with challenging academic I thank the chairman of the com- year, 86 percent of their ninth grade content. They raise the bar for aca- mittee, Senator JEFFORDS, and Senator students earned all of their credits and demic standards. They allow students KENNEDY, and their staffs for their fine moved on to the 10th grade. to earn valuable college credits. I be- work. I look forward to continuing to The purpose of these dropout provi- lieve it is very important that the Fed- work with them and the other mem- sions in the bill is to try to duplicate eral Government support efforts to ex- bers of the committee as this bill Cibola High School’s success at schools pand this program. moves from the Senate floor and into across the Nation. We have a superb example of what conference. I hope we will soon see this There are three parts to the dropout can be done in advanced placement in- important legislation signed into law program that are included in the bill. struction in Hobbs High School in my and appropriately funded. First is the creation of a national home State. It increased the participa- I yield the floor. clearinghouse to get out information tion rates in advanced placement in- The PRESIDING OFFICER (Mr. on research, best practices, and avail- struction by 550 percent in just 3 years BROWNBACK). The Senator from Dela- able resources to help schools imple- in that school district. A statewide ware. ment effective dropout prevention pro- program in New Mexico that helps low- Mr. BIDEN. Mr. President, I rise to grams. income children pay for the cost of the support Senator MURRAY’s amendment. Second, the bill establishes a na- tests has helped boost participation by I make an observation at the outset. tional recognition program to spotlight 74 percent for Hispanic students, 300 I do think this amendment suffers in schools that do successfully reduce the percent for African Americans, and a one sense. It suffers from the ‘‘not in- dropout rate. remarkable 950 percent for Native vented here’’ syndrome. That is, I have Third, the bill authorizes a grant pro- American students. This is an impor- not heard anybody yet—I am hopeful gram to help schools implement proven tant provision and one I feel very good to hear it—come forward and say why approaches to reduce dropouts and put about seeing in this bill. smaller classes are not better and why in place prevention programs. I also believe S. 1 is a good bill and the United States of America and the I do believe that dropout prevention reflects a strong bipartisan basis for Federal Government should not help in needs to be a national priority. The fundamental reform of Federal edu- accommodating most States and coun- need for this program is underscored by cation programs. I hope we can main- ties and cities change individual class- the President’s increased emphasis on tain this spirit of bipartisanship that rooms to smaller sizes. annual testing which is sure to raise has been able to prevail. I am a cospon- Maybe there is something of which I concerns that dropout rates will in- sor of Senator MURRAY’s class size am unaware. I am anxious to hear it. I crease as States try to meet their aca- amendment. I strongly urge the Senate have been listening back in my office demic performance goals. This is a real to vote to include that in the bill. to this nondebate debate because ev- danger, that students who are not I will also be offering two amend- erybody seems to be for it, based on doing well in the tests will be the ones ments to deal with an issue I believe what is going on, other than an oblique most likely to drop out. With all the the States are not in a position to reference that is not good from one emphasis on test scores, States will not properly address. The first addresses quarter. But other than that, I have have any incentive to focus resources the issue of school security and basic not heard why smaller classes are not on keeping these kids in school. That is student and teacher safety. Senator better.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4481 I am amazed any Senator would come in the class. They changed the schedule Many of these brilliant young people to the floor of the Senate to argue that to a Saturday morning, and it became sitting behind us and the ones who ad- reducing class size is not good for chil- inconvenient at the last minute. So for vise us went to those schools. They dren. Occasionally we run across those the last two semesters I have only had went there because, in part, of the things that are so obvious on their face five to eight students. I promise you, teacher-pupil ratio. there is no debate about it. I do not as bad of a teacher as I am, when I had Why do you think when you send know anybody—educator, noneducator, 5 students in my class, they learned a your kid to a university and you get able to read, not able to read, with a lot more than when I had 15, even in a that little book, which we all learn— Ph.D., with just a high school edu- targeted seminar. there is a book that gives the ratings cation—I do not know anybody who My wife has been a schoolteacher for of all the colleges—why do you think, would make the argument that if you the last 22 years. She can tell you, as in addition to telling you the size of are given the same teacher, competent any teacher in a public or a private the library, the size of the student or incompetent, that teacher is more school—she taught in the public body, the endowment, and how many likely to get more information in the school; now she teaches at a junior col- Nobel Laureates they have, part of the heads of the children in his or her class lege—that everything changes when rating of whether they are a good or a if there are 2 students than if there are you have fewer students—everything. bad school is based upon the teacher- 5, if there are 5 instead of 15, if there Discipline problems change when you student ratio? are 15 instead of 45. It just is so self- have 5 students as opposed to 10; or 15 I get confused here. Maybe I am a lit- evident. as opposed to 45. Everything changes. tle slow. But if, in fact, it matters Results from both standardized tests The student who is self-conscious, or when you are a 22-year-old doctoral and from curriculum-based tests show the student such as I when I was a kid student to have a smaller class, tell me students in smaller classes continually who stutters, is much more likely to why it doesn’t matter when you are a outperform those same students in raise his or her hand with a small class 7-year-old first grader? I don’t get this. larger classes. These results span urban than with a big class. The kid who I think we need a little bit of truth in and rural schools, among low-income raises the devil or is shy is likely to en- packaging here. and wealthy students. In fact, when gage more in a small class than a big This is not my legislation. I am a fol- class sizes were decreased for minority class. lower. But I am ready to be a soldier. students, their achievement rates dou- I don’t get this. I don’t understand I hope someone will come to the Cham- bled—that is right, doubled. why this is even a debate. I really truly ber and debate with us about why There are certain things I do not don’t. smaller class size is not a good idea. know why we spend so much time de- Some of my conservative friends be- Good. Maybe my friend is about to do bating, they are so self-evident, such as lieve in the devolution of power, which that. I would love to have that debate. the idea that we would be better off in is the new, as they say, paradigm for Simply put, smaller classes can dra- this country and more likely to raise Government. It is a fancy word of say- matically improve the quality of a the achievement level of all our chil- ing the Federal Government has no re- child’s education, whether they are dren in direct proportion to how many sponsibility. slow, or fast, or whether or not they children had to compete for the teach- If you conclude that the Federal Gov- are the brightest candle on the table. er’s attention. ernment has no responsibility to deal All of them will benefit marginally Children would lose a lot if everyone in any way, directly or indirectly, with more by a smaller class. had Plato as a teacher because they elementary and secondary education of We began this initiative under the would not learn to interact with other our students in the States and local- leadership of the Senator from the children; they wouldn’t be involved in ities, then I accept your ‘‘no’’ vote as State of Washington 3 years ago in an sports; they wouldn’t learn social being based upon a rational principle. I attempt to reduce class size in grades skills. But, my Lord, does anybody disagree with your principle, but it is 1–3 to no more than 18 students. I co- think they would not learn more infor- rational. It is rational to say the Fed- sponsored that amendment with Sen- mation if they had one brilliant teach- eral Government should not be in- ator MURRAY in her effort to continue er and one brilliant student, no matter volved at all; ergo, I am against 100,000 this program in subsequent years. how slow and how fast? teachers. I got that. I figured that out. I would like to think that the 100,000 Everybody knows this. The question There are some in this body, many at teacher initiative would be as success- is whether or not we are willing to put the Cato Institute, and many at the ful as the 100,000 cops initiative that I our money, as a priority, on what we Heritage Foundation who believe that. authored in 1994. I don’t think it is an say is the single most important task I think many of the people, including accident that overall crime has gone facing this country—education of our President Bush, may believe that. I down 71⁄2 percent per year because we children. don’t know. But I understand that. added 100,000 cops on the streets in ad- I ask anybody within listening dis- However, I do not understand anyone dition to other initiatives. The Federal tance of this microphone, on television making the argument that the distin- Government has no strings attached in or on radio, to ask themselves the fol- guished Senator from Washington is terms of having any control over the lowing question—by the way, I teach. I wrong—if I am not mistaken, she used cop any more than having any control taught as a student teacher when I was to actually teach—when she says that over the teacher. The State, the dis- in law school to make money to get it is easier to communicate informa- trict, and the locality control that through law school. I now am a pro- tion, build confidence, and encourage teacher. But as we say, there are cer- fessor at Wyden University Law involvement when you have a smaller tain national priorities. School, teaching an advanced course in class than when you have a larger No child should be left behind. One of constitutional law for two or three class. the ways to make sure no child is left credits, depending on the semester, for Why do you think we pay so much behind is to do just what every parent the last eight or so semesters. money to send our kids to private uni- does in the supermarket or department You don’t have to know rocket versities as opposed to public univer- store: Don’t let go of her hand. Don’t science to figure this out. They tell me sities? I went to a public university. I let go of his hand. And if you have 45 there are about 190 young people who am very proud of my university, the students in the class, you can’t hold all try to sign up for my class every year. University of Delaware. My son went their hands, figuratively speaking. Because it is a seminar, it is limited to to a large law school. In our State, we So the degree to which you want to no more than 16 or 17 students, al- don’t have a large public law school. be assured that children are left be- though I might note parenthetically My son went to Yale. He had five, six, hind, increase class size. The degree to that the school started putting 25 and or seven in his class. The fact is, I which you want to diminish the possi- 28 in my class. I finally went to the didn’t get into Yale. Thank God I have bility of any child being left behind, re- dean and said: I think it is too large. a smart son. duce class size. He said: Well, I guess you are right. But all kidding aside, why do you Both the cops and teachers programs And they decided to put fewer students think we pay all this extra money? focus on putting resources where they

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4482 CONGRESSIONAL RECORD — SENATE May 8, 2001 can be most effective. For cops, it was county, in such and such a State, We talk about programs a lot. We the street. For teachers, it is the class- money to hire three more teachers. talk about money a lot. But this does room. I hope I am wrong. But I will make a take us down to the classroom, how we In the first year, more than 29,000 bet, if you block-grant it, a year after best accomplish the education of the teachers were hired. Now about 1.7 mil- the block grant has been distributed, child sitting in the classroom, with the lion children are directly benefiting there will not be any more teachers teacher at the head of that class. from smaller classes. than the day before it was distributed. I will argue against the amendment, In my home State of Delaware, a So, folks, it is a funny thing about basically using the argument that an- small State, our schools rely on this education: you need a teacher. It is a other Federal program, another Fed- program to fund 115 teachers statewide. strange notion. eral approach is not the answer. It does While that may not seem to be a lot I know of the incredible work Sen- not mean I believe class size is not im- to some of my colleagues, those addi- ator KENNEDY has done. And I say to portant. That is not what I am saying. tional teachers can, and do, have a my colleague from Vermont, and all What I am saying is we need to find out great impact in a State as small as the members of this committee—Re- how best to achieve what is needed in mine. I debated the Senator’s legisla- publican and Democrat—they have the classroom, to make the teacher and tion on, I believe it was, ‘‘Meet the done incredible work. But I cannot the students have a relationship that Press’’ about a year ago with the dis- think of anything—anything at all— maximizes student achievement, learn- tinguished and serious Governor of the they have done that has the potential ing, and to minimize and, hopefully, State of Pennsylvania, who was mak- to have a more immediate impact on eliminate the achievement gap over ing the case that President Bush did the amount of knowledge students in time. not like this program. He pointed out— the United States of America attending The second point I wish to address is and I will ask permission to amend this public schools will acquire than reduc- this whole issue of looking at the figure in the RECORD if I am wrong—my ing their class size. Maybe there is teacher and the students in the class- recollection is there were a couple something out there—I do not purport room and figuring out what you can do thousand teachers in Pennsylvania or to be an expert in education—but I am to best take care of the needs of that 1,800. It was a big number. telling you, I can’t think of anything class to boost student achievement. I turned to my friend on that show, in this bill more important. In my mind, if you look at all the pa- So I urge my colleagues to stand the Governor of Pennsylvania, and rameters, the most important is the with the Senator from the State of said: Well, then, I assume the Governor quality of the teacher. We have an im- Washington, Mrs. MURRAY, and adopt of Pennsylvania would like to send pending crisis in that area. In part it is her amendment and support the Class back the money. You don’t want the because of demographics, and in part it Size Reduction Initiative—unless they teachers? They don’t make a dif- is because of the attractiveness of the have another idea as to how they are ference? profession, and professional develop- going to guarantee us that the end re- So I suggest that any Senator who is ment. Much of that is addressed in the sult of our legislation will be smaller opposed to this program should stand underlying bill—something we have class size in the States and localities up and in good conscience say: By the not talked about very much. that voluntarily choose to participate way, we have 270 federally funded The quality of that relationship—it in this program. teachers. I would like to send all the I thank my friend from the State of does not mean quantity is not impor- money back. I am sending a petition to Washington for allowing me to partici- tant—becomes first and foremost in my Governor saying: Don’t take the pate and cosponsor this amendment. I importance, to my mind. money. Fire those teachers. Send them compliment her and everyone else who Thirdly, I believe the amendment by home. Or tell us why it isn’t working in supports this concept. I look forward to my colleague from Washington is un- your State to help alleviate the myriad hearing opposing arguments on why necessary because if class size is an of problems public educators face every smaller class size is not a good idea. issue at the school level—whether it is day. This program is working. I yield the floor. in Nashville, TN, or Alamo, TN, or Now, in my humble opinion, is not The PRESIDING OFFICER. The Sen- Kingsport, TN—it can be addressed as the time to give it up, either by failing ator from Tennessee. it is spelled out in the underlying bill to provide the necessary funds for con- Mr. FRIST. Mr. President, I rise to itself. tinuation or by block-granting them speak in opposition to the Murray I want to refer back to the bill be- with other education programs be- amendment. I want to build on the dis- cause we have talked very little about cause, do you know what happens when cussion that has gone on in this Cham- how that issue is addressed. A lot of you block-grant? The last people to ber for several hours. I will focus on people have not read the details of the benefit are the teachers. The last folks three particular points. bill itself as it relates to the issue of who get anything in the deal are teach- No. 1, very clearly, the goal of the that teacher-pupil relationship in the ers. This isn’t for the teachers. This is underlying bill is to address the issue classroom itself. for the students. of how we can best, first, diminish the In the bill we allow schools to ad- Again, I make an analogy to the po- achievement gap—which has gotten dress their current classroom needs, to lice. Before we passed the Biden crime worse over the last 30, 35 years, during give them the flexibility and the free- bill in 1994, in the 20 largest cities in which time the Elementary and Sec- dom, the mechanism, to accomplish America, there was a net increase of ondary Education Act has been in ef- what the goal is: boosting academic less than 1.5 percent in the total num- fect—and, No. 2, to boost the academic achievement. It means we do have to ber of those who were on police forces achievement of everyone, to make sure examine that relationship between a because—guess what—they did not we are, indeed, preparing our young teacher and a student. There are all want to hire police, not because they people today and those of tomorrow for sorts of variables. And you will hear did not think they needed them but be- their future: To realize that American that one is more important than an- cause they did not want to sign on to dream, to make sure they can compete, other. the commitment of year in and year not just adequately but in a powerful A big issue is how many students are out having to pay them. They did not way, with their international counter- in the classroom with the teacher. It is want to pick up the fringe benefits, the parts. not quite that simple because it de- health care, and so on. I think the amendment of my col- pends on the subject. Is it mathe- So when you block-grant it, I prom- league from Washington focuses, in a matics? Is it science? Is it teaching a ise you, they are not going to put it in very important way, on a very impor- child to read? Is it in a classroom hiring more teachers. They are not tant issue and that is the teacher-stu- where there is technology and there is going to go into your local school dis- dent relationship. For one of the first a lot of interaction going on between tricts and say: By the way, we block- times in the debate in dealing with the teacher and the students that we granted the money. And now we are class size, we are focusing on the face might not have had in the past? going to give, for example, Abraham of the child in the classroom and on A second issue is, how safe is that Lincoln School in such and such a the teacher at the head of that class. teacher-pupil environment where the

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4483 teaching is occurring? The goal is to Our approach, very clearly—the rea- On the issue of teacher quality, the boost student achievement. It is an son why I urge defeat of the amend- Thomas B. Fordham Foundation re- issue that is addressed in the under- ment—is that, yes, we need more reported in a recent study: lying bill. But the point is, in the class- sources; yes, we need more money; we College graduates with high test scores are room there are all sorts of environ- need to shine the spotlight on the issue less likely to become teachers; licensed ments that have to be addressed. How of local control, but we want to free teachers with high test scores are less likely conducive is that environment to people up from government regula- to take jobs; employed teachers with high learning? Are there disruptive students tions, from another program, to allow test scores are less likely to stay, and former in that environment? How good is that them the how-to in boosting the teachers with high test scores are less likely to return. teacher? achievement with decisions made lo- Earlier this week, and last week, we cally. When you couple the critical impor- talked about failing to invest in the The second issue I will discuss is tance of teachers with the fact that quality of our teachers. We are failing when you look at the classroom envi- today America’s students rank lower to give them the programs to make ronment which we all want to maxi- than their international counterparts them more useful. Their intentions are mize and make conducive to learning, in the fields of math and science and in good. They work hard. We have to look the teacher is very important. We are reading, the issues we have talked at their qualifications, their certifi- having an impending crisis in the qual- about before, we clearly need to focus cation, and, lastly, what is the rela- ity of teachers at the head of the class. on quality teachers, on attraction of tionship of that teacher to technology The U.S. Department of Education es- those teachers, supporting those teach- today. timates that a whole wave of teacher ers, and retention of those teachers. Again, in this bill, which people are retirements as well as the demo- They are the key to motivating those just beginning to really focus on, there graphics of rising enrollments will students who may fall further and fur- is a whole section to encourage the use force America’s public schools to re- ther behind—again, in part contrib- of technology, to adapt technology to cruit over 2 million new teachers in the uting to that increase in the achieve- the use of that classroom, again, to re- next decade. It is a matter of demo- ment gap we all know so well. duce that achievement gap, to boost graphics and retirement. It is important to understand that— learning for everyone, and to maximize I argue that instead of thinking and class size is one of them—the qual- the use of the teacher at the head of about warm bodies, as you see this ity of the teacher is critically impor- the classroom and the children. teacher and the student in the class- tant to educating our children. I men- What is important in one school in room, we absolutely must invest—and tioned a few of the statistics, but if you one part of Nashville may be totally the good news is, the underlying bill just go through several about the different than what is important in an- does—in improving that teacher qual- qualifications of teachers today— other school, say, in Memphis or in An- ity. Teacher quality in the classroom again, remember, we have identified a chorage, AK, or in Manhattan or on an drives academic success. It is the sin- problem; we are making this diagnosis; Indian reservation. That decision gle factor most likely to boost student and we want to respond in an appro- should most appropriately be made by achievement. Good teachers clearly priate way—only one in five full-time people in that community. Whether it make the difference. We can all name public school teachers feel well quali- is the teacher in the classroom, the our teachers. Both sides of the aisle fied to teach in a modern classroom. parents looking in on that classroom, have talked about teachers who have More than 25 percent of new teachers or the principal, they are the ones who influenced their lives and the impor- enter our Nation’s schools poorly can assess how technology is most ap- tance of that personal relationship in qualified to teach. Twelve percent of propriately used; what is the size of an environment which maximizes teachers enter without any prior class- that classroom; how safe is that envi- learning. room experience. ronment; how disruptive are the other William Sanders, from Tennessee If we look at inner-city schools, sta- students; all of which is placed into originally, has been quoted on the floor tistics are even worse. Inner-city stu- this bowl of how best to boost student because he has looked at all sorts of dents have only a 50/50 chance of being achievement and maximize the teacher issues and has been nationally recog- taught by a qualified math or science interaction with that particular stu- nized for studying the environment. teacher. New teachers in the United dent. Again, his conclusions and statistics States receive less on-the-job training The point is class size is one of those and data have been used by both sides and mentoring than do their teacher parameters and, indeed, in certain situ- of this particular issue. He says: counterparts in Japan and in Germany. ations it can be very important. But When kids have ineffective teachers, they I have referred to the fact that U.S. rather than have another Federal pro- never recover. teachers today who are in that class- gram—because we have tried that; we Teacher shortages are going to hit a room actually teaching our children have had a litany of hundreds of Fed- high in the year 2010. We absolutely lack appropriate training and knowl- eral programs over the last 35 years— must begin thinking right now about edge of a particular subject. that basically says, this is the problem how to replace what equates to about The data is as follows: Many students and this is the way to fix it, why don’t two-thirds of our teaching population are taught by a teacher who lacks ei- we have a program which—and it is in today that simply will not be teaching ther a major or a minor in the subject the underlying bill—says: Let’s group at that time. The factors are many. In they are teaching. and consolidate programs, including large part it is demographic. We know Of the following statistics, these are class size, but allow the decision on that enrollments in public and elemen- people who do not have a major or how to use those resources to be made tary and secondary schools are pro- minor in the field in which they teach: by the teachers, by the principal, by jected to rise about 4 percent in the That is, 18 percent of social study the school district, the community, next decade. That, in and of itself, is teachers, 40 percent of science teach- under the influence of parents, under going to require more teachers to fill ers, 31 percent of English teachers, 34 the influence of local decisionmaking the increasing number of classrooms. percent of math teachers. and local input. The average teacher today, 44 years In schools where more than 40 per- It comes down to a fundamental dif- old, means that school districts all cent of the students are low income, ference, what the debate has been over across the Nation will have to brace for nearly half the teachers are what is the last several years since I have been a whole wave of retirements occurring called ‘‘out of field.’’ in the Senate, on which we have dis- in the not too distant future. I go into some detail about this issue agreed many times in the past: Whom Third, one-fourth of beginning teach- of quality because the focus is very do you trust? Whom do you trust to ers in my own State of Tennessee leave much on what goes on in the class- identify the needs, to respond to those the profession within 5 years. More room. Then the question is: You have needs? Is it another Federal program or than half are teaching subjects in Ten- identified the problem. Is it being ad- is it the teachers and the principals nessee outside their area of expertise dressed in the bill? This brings me to and the school board members at the or in subjects they were never trained my last point. Is the Murray amend- local level? to teach. ment necessary? To answer that, I will

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4484 CONGRESSIONAL RECORD — SENATE May 8, 2001 argue, no, and I encourage my col- fords bill it will and can be addressed. on these measures. It is about time we leagues to vote against it. But it takes There are resources there for that. Our had good debate on this legislation. an understanding of what was done in approach is not another Federal pro- That is what I know my friend and col- the underlying bill and what is actu- gram, not admitting a program. We league from Vermont is prepared to do. ally in the bill to understand why I can have tried that in the past, and we I am prepared to do that. say with confidence that it is unneces- have a litany of programs today that I make the plea to my colleagues on sary as we focus on the teacher and the clearly have not been successful. We this side of the aisle to address these student in the classroom. want those decisions to be made locally measures and do it in a timely manner. What we do in the first part of this by teachers, by principals, by school We understand the priority that the bill is pool the funds and the authori- boards, rather than Washington, DC. budget has, and we have all been ties that are existing in programs Since it is provided in the bill, I believe around here long enough to know that which we have had in the past. We have there is no need to create yet another unless some deadlines are established, talked about that in the last hour. The program. I urge defeat of this amend- unfortunately, we are not going to existing Eisenhower professional devel- ment when we vote on it tomorrow. complete our business. I will work with opment funds and the class reduction Mr. JEFFORDS. Mr. President, I ask our side and with the majority leader funds, we haven’t gotten rid of those. unanimous consent that at 5:15 today, to try to establish a process where we We haven’t eliminated the class size re- the Senate proceed to a vote on the can move in a timely manner. I will be duction effort, but what we have done Warner amendment No. 383, with no glad to yield for a moment, but I would is put those together, consolidated second-degree amendments in order to like to address this amendment. them. the amendment. Mr. JEFFORDS. I agree with the We pool those funds. And we do that Mr. KENNEDY. Mr. President, re- Senator 100 percent. I suggest that all with a very simple—this really comes serving the right to object. I want to amendments that are filed—only all down to the philosophical difference of move this process along, however I those filed by 5 p.m. tomorrow be con- what we think works and what will not haven’t spoken on this amendment. If sidered to be voted on, or some appro- work. We do that in order to give ac- anybody else wants to speak, there priate language that would make that cess to these resources to local commu- might be a few minutes in the morning. the law. nities to give them the flexibility to Understanding that we might be able Mr. KENNEDY. That certainly is a address their particular needs. In one to split that between Senator MURRAY proposal I could support. I will not school, it might be class size and they and myself, I will not object. offer that at this time, though. can use those funds for that. Remem- Mr. REID. Reserving the right to ob- Mr. BIDEN. Will the Senator yield ber, we have not done away with the ject, I also say that Senator KENNEDY for a unanimous consent request? funds themselves. We list that as one of has indicated that he has someone Mr. KENNEDY. I am glad to yield. the appropriate uses. But it might not lined up to do another amendment to- Mr. BIDEN. I ask unanimous consent be and it might be that school would night—Senator FEINSTEIN—if that is in that my amendment No. 386 be called rather use those funds for an after- keeping with what the majority wants. up and then set aside, just so I make school program or for increasing the We can debate that for a while tonight. sure I am in this game. use of technology or the inclusion of I don’t know if the leadership wants a The PRESIDING OFFICER. Is there technology in that program. vote tonight or tomorrow. objection to setting aside the pending The point is that we have taken the The PRESIDING OFFICER. Is there amendment for this consideration? class size reduction funds and the other objection? Without objection, the pending funds and we have put them together Without objection, it is so ordered. amendment is set aside. and basically said, how you accomplish Mr. KENNEDY. Mr. President, I AMENDMENT NO. 386 TO AMENDMENT NO. 358 boosting student achievement or reduc- thank my friend and colleague for Mr. BIDEN. Mr. President, I send an ing that achievement gap is up to you making the agreement, and we will amendment to the desk. at the local level. Why? Because you move ahead with the vote shortly. The PRESIDING OFFICER. The know whether or not you need another We are very hopeful of getting the clerk will report. teacher in the classroom, a smaller process moving. There are currently The legislative clerk read as follows: class size, or better use of technology. about 70 amendments. Some are in the The Senator from Delaware [Mr. BIDEN] Real quickly—and I will be brief— process of being worked through be- proposes an amendment numbered 386. what is in the bill? State activities: cause they are under the jurisdiction of The amendment reads as follows: States may use these funds for a whole other committees. (Purpose: To provide resource officers in our range of activities—certification of There are also many outstanding schools) teachers, recruitment of teachers, pro- amendments which are related to this On page 893, after line 14, add the fol- fessional development, or support for bill, that need to be called up. We are lowing: teachers. Local activities: Again, local prepared, as we mentioned last Friday, SEC. ll. SCHOOL RESOURCE OFFICER decisions can be made whether or not to work toward the continuation of de- PROJECTS. to use these funds for class size, profes- bate on these measures and final reso- (a) COPS PROGRAM.—Section 1701(d) of lution. I know the Senator from title I of the Omnibus Crime Control and sional development, recruitment, or for Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) the hiring of additional teachers. Vermont said we are prepared to stay is amended— Local accountability is built into the in this evening, tomorrow evening, and (1) in paragraph (7) by inserting ‘‘school of- underlying bill. The evaluation plan of Thursday evening. We are going to ficials,’’ after ‘‘enforcement officers’’; and a local education agency must include have time to debate the Budget rec- (2) by striking paragraph (8) and inserting performance objectives related to stu- onciliation that we will take up some- the following: dent achievement, relationships to time this week. However, we are quite ‘‘(8) establish school-based partnerships be- teachers, how well teachers are per- prepared to deal with these amend- tween local law enforcement agencies and ments. We urge colleagues to bring local school systems, by using school reforming, participation in professional source officers who operate in and around el- teaching and development activities. them up. I am absolutely amazed, quite ementary and secondary schools to serve as Lastly, in the bill, there is a whole frankly, that Members are not pre- a law enforcement liaison with other Fed- series of sections that look at activi- pared to bring up their amendments. eral, State, and local law enforcement and ties that address leadership by teach- We have known this bill is going to be regulatory agencies, combat school-related ers, advanced certification and debated on the floor. We are prepared crime and disorder problems, gang member- credentialing, supporting that activity to deal with this legislation. ship and criminal activity, firearms and ex- by teachers, and transitioning to I intend to ask our leaders on our plosives-related incidents, illegal use and teachers for those people who might be side to request consent to establish a possession of alcohol, and the illegal possession, use, and distribution of drugs;’’. midcareer and might need training to deadline for submitting amendments. (b) SCHOOL RESOURCE OFFICER.—Section be certified to teach. We welcome our colleagues to submit 1709(4) of title I of the Omnibus Crime Con- In closing, if class size is a problem amendments, and we want to try to trol and Safe Streets Act of 1968 (42 U.S.C. in the school, under the Kennedy-Jef- have a full opportunity for discussion 3796dd–8) is amended—

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4485 (1) by striking subparagraph (A) and in- from her personal experiences. We are With a strong bipartisan vote this serting the following: so fortunate to have a Senator with morning, we will have the resources to ‘‘(A) to serve as a law enforcement liaison that kind of experience proposing an make sure the neediest children in this with other Federal, State, and local law en- amendment that can make an impor- country have well-qualified teachers in forcement and regulatory agencies, to address and document crime and disorder prob- tant difference in the education of chil- the classrooms, and those teachers will lems including gangs and drug activities, dren. I support this amendment, as I be able to give every student the indi- firearms and explosives-related incidents, have in the past. vidual attention that they deserve. and the illegal use and possession of alcohol We have tried in the legislation to I am amazed at what the Senator affecting or occurring in or around an ele- find various programs that enhance the from Washington was able to do with mentary or secondary school; educational capabilities of children. It her amendment. It requires a simple (2) by striking subparagraph (E) and insert- is true, as the Senator from Tennessee one-page application. It will be avail- ing the following: said, that there can be a local option as able to any school district in the coun- ‘‘(E) to train students in conflict resolu- to whether schools, under the title II try. All they fill out is one page. Under tion, restorative justice, and crime aware- the formula devised in the Senator’s ness, and to provide assistance to and coordi- provisions, want to use the funds for nate with other officers, mental health pro- smaller class sizes or professional de- amendment, they will either qualify or fessionals, and youth counselors who are re- velopment. It is my strong position we not qualify. It does not take a lot of sponsible for the implementation of preven- need both and we need a commitment grant writing. The school districts will tion/intervention programs within the in both areas. know very quickly the amount that schools;’’; and That is what this is about. We did en- they are entitled to and how many (3) by adding at the end the following: hance the resources for recruitment, classes they are able to impact. That ‘‘(H) to work with school administrators, will help move the process forward. members of the local parent teacher associa- enhanced training of teachers, continuing professional development, men- There is flexibility in the Murray tions, community organizers, law enforce- amendment. If a school district reaches ment, fire departments, and emergency med- toring, and the development of addi- ical personnel in the creation, review, and tional professional skills dealing with the smaller class size goal, it states in implementation of a school violence preven- the important areas of child growth the amendment that they can use the tion plan; and development and child psychology resources for professional training for ‘‘(I) to assist in documenting the full de- area. These are enormously important. teachers. It is enormously important. scription of all firearms found or taken into If there is anything we have learned Senator MURRAY has built in flexi- custody on school property and to initiate a over the years, it is the power of well- bility. If a school achieves a lower class firearms trace and ballistics examination for size in grades one through three, and qualified teachers with a good cur- each firearm with the local office of the Bu- they have the additional resources, riculum teaching in a class with a reau of Alcohol, Tobacco, and Firearms; they can reduce class sizes in other small number of students. ‘‘(J) to document the full description of all grades. The flexibility is there. If they I am not going to take the time of explosives or explosive devices found or are able to do all of them and still have taken into custody on school property and the Senate to go through the research resources left, they can use them for report to the local office of the Bureau of Al- base supporting reducing class size, but cohol, Tobacco, and Firearms; and teacher professional development. the studies are very clear. Both the I want to use my last moments to ‘‘(K) to assist school administrators with Star studies that have been done in the the preparation of the Department of Edu- bring a few things to the attention of cation, Annual Report on State Implementa- State of Tennessee, and the Sage stud- my colleagues. First, we have the re- tion of the Gun-Free Schools Act which ies in the State of Wisconsin show that cent story on the achievement gains by tracks the number of students expelled per reducing class size has positive effects the students of the Prince Georges year for bringing a weapon, firearm, or ex- on student achievement and classroom County Schools reported in this morn- plosive to school.’’. behavior. ing’s Washington Post. I point out the (c) AUTHORIZATION OF APPROPRIATIONS.— I have traveled to the State of Wis- lead story: ‘‘Pr. George’s Test Scores Section 1001(a)(11) of title I of the Omnibus consin. I visited the classrooms. I Crime Control and Safe Streets Act of 1968 Show Best Gains Ever.’’ It says: heard the teachers. I talked with the Prince George’s County students posted (42 U.S.C. 3793(a)(11)) is amended by adding parents. There has been dramatic and at the end the following: their highest gains ever on a key standard- ‘‘(C) There are authorized to be appro- significant progress made in moving ized test used to gauge how local children priated to carry out school resource officer toward smaller class sizes. measure up to their peers nationally, accord- activities under sections 1701(d)(8) and That has been true in the State of ing to the results released yesterday. 1709(4), to remain available until expended California as well. I will read from the It gives the very encouraging results. $180,000,000 for each of fiscal year 2002 California report on the results from The superintendent was asked about through 2007.’’. the first 2 years of class-size reduction: the factors in ensuring these kinds of Mr. BIDEN. I ask unanimous consent California class-size reduction reports results. She said: that my amendment be set aside. show that reducing class size improves stu- . . . as proof that the county is serious about The PRESIDING OFFICER. Without dent achievement. A study of the first 3 improving academic achievement and that objection, it is so ordered. years of class-size reduction efforts in Cali- they would reward it with more funding to fornia shows that smaller classes have boost- reduce class size and repair deteriorating Mr. KENNEDY. The pending amend- buildings. ment is the Murray amendment; is ed student achievement in communities across the State for the second year in a row. This is what they have been able to that correct. do. The PRESIDING OFFICER. The Sen- It goes on: The evaluation shows those students in the Moving over to the jump page on A14, ator is correct. it talks about the importance of read- Mr. KENNEDY. Mr. President, I want most disadvantaged schools were most likely to be in larger classes or taught by less ing. That is in the BEST bill. We are in to add my strong support for the Mur- qualified teachers. Students in smaller class- strong support of additional time for ray Class Size amendment. I have lis- es outperformed their peers in larger classes reading and math. We are all for that. tened with great interest and always even with less qualified teachers. These stu- It is in this bill. have learned from my friend and col- dents could be performing even better if all The superintendent also commented league from the State of Washington the children in these schools had fully quali- on the importance of reducing class when she proposes this amendment. It fied teachers and smaller classes. size in the lower grades and placing is a subject that is not new to the Sen- That is what we want: smaller class more emphasis on training teachers. ate. We have voted on this, and we size and better trained teachers. That This is exactly what we are debating have seen its implementation for a is absolutely essential. The Murray today. number of years and the success that it amendment will authorize continued How many times do we have to see is having in schools across the country. funding to create smaller classes, hire the same evidence before we learn this? I am always impressed by the fact additional teachers and provide those We have the studies in Tennessee, Wis- that the Senator from Washington, teachers with the professional develop- consin, and California. who was a member of a school board ment that they need to help every I have a report from the Mississippi and a great teacher, understands this child succeed. We will have the contin- Department of Education. I will men- issue and is able to address this issue ued commitment to smaller class size. tion what a few of the teachers have

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4486 CONGRESSIONAL RECORD — SENATE May 8, 2001 found. I will also include other com- At the time this was announced, as amendment which says we are going to ments. the Senator remembers, we had former put a certain pot of money on the This is from Suzanne Wooley: Speaker of the House Gingrich. ‘‘We table—your tax dollars, by the way, The drop in the student/teacher ratio with- said the local school board would make tax dollars we took from you in Au- in the first grade this year has been a really the decisions. No new Federal bureauc- burn, NH, or Cheyenne, WY, or Chi- great tool in our ability to help our children. racy, no State, not a penny in the bill cago, IL. The tax dollars that we took Because of fewer numbers of children, we that was passed goes to pay for bu- from you, we are going to take some of have had practically no discipline problems. them and put them on the table. But The children are more like a team and they reaucracy; all of it goes to pay for local expect the best from each other. This saves school districts. . . .’’ House Speaker before you can get any of those tax dol- a great amount of our instructional time for Gingrich, the first time we passed the lars, you have to do exactly what we actual instruction. My teacher’s assistant Murray amendment, called it a victory tell you to do with them. and I are also better able to aid and instruct for the American people: ‘‘There will Specifically, in this instance, you are low-achieving students with their individual be more teachers, and that is good for going to have to hire more teachers. needs. We are giving much more time to the all Americans.’’ Even if you do not need more teachers, skills each student needs to work on. As a As I remember, and as I read the you are going to have to hire more group, we are covering our ‘‘core-skill’’ ma- teachers because we in Washington terial much more quickly and the children amendment, I believe 99 percent of the funds go to the local district and the know a great deal more about what are ‘‘catching on’’ and learning the material you need in your school system than more thoroughly. local district has the control. Am I correct? you do. That is the basic premise of Kelly Blacklaw: this amendment. It is one of the pri- This is the first year that I have taught Mrs. MURRAY. I thank he Senator from Massachusetts for answering that mary reasons I oppose it. first grade. However, I am accustomed to The second problem with this amend- small groups, because I taught Title I Read- question. He is absolutely correct; 99 ment is there is no statistical standard ing for three years. I taught kindergarten for percent of the money does go to the which shows that certain class size ra- one year prior to teaching Title I and had 30 local schools at their discretion to use tios improve education. In fact, study students with an assistant. Comparing this for class size because it is a national year to that particular year, reduced class after study, significant studies—in priority. size has definitely been very beneficial for fact, 300 studies—which have been re- I thank the Senator for yielding. the progress of my students. I have been able viewed conclude that it is the quality Mr. KENNEDY. Mr. President, I want to get to know my students better and much of the teacher that is key to the qual- to point out very clearly, we need more quickly. I have been able to gain a ity of education more than the class great deal of insight into their backgrounds fewer children in classrooms so that size. That is especially true after you and their strengths and weaknesses. teachers can give each child the atten- hit a certain level of class size. Ms. Simpson: tion necessary for that child to suc- In the United States today, the aver- Generally speaking, my class this year is ceed. Teachers need the mentoring and age class size ratio is 17 to 1. I think 44 quite low. Due to that fact, a smaller class- the professional development that we room size has been greatly appreciated. I am States already meet the level of ratio have in the legislation. Smaller class that was put forward by the President able to more effectively monitor the chil- size is a tried and tested program. It is dren’s progress as I teach, and have found as an appropriate level, which was 18 to that more time is available to reinforce and effective. We ought to have smaller 1. So we are not talking about dra- practice important skills. classes and more opportunities for matic reductions in class size in States They mention there was only one teachers to get the training that they across the country. What we are talk- child who fell behind in reading. need. That is what this amendment is ing about is essentially trying to work These go on and on. I do not know really about. at the fringe with some Federal money what more we have to do to convince We should not forget the commit- to demand that more teachers be hired. our colleagues. We are not placing a ment that we made. We know what But the practical effect of that may mandate on any local district. All we works. We know it has been effective. be to reduce the quality of education. are saying is we know this works and We believe that children are worth our Why? Because you may end up with we hope communities will choose to investment. We believe the Murray poorer teachers being hired because embrace the idea of reducing class size. amendment is the best way to get this you forced on the school system the re- Mrs. MURRAY. Mr. President, will job done. quirement that they hire more teach- the Senator from Massachusetts yield I yield. ers rather than that they improve the on that point for a question? The PRESIDING OFFICER. The Sen- quality and the ability of the teachers Mr. KENNEDY. Yes, I certainly will. ator from New Hampshire. who are in the classroom, which almost Mrs. MURRAY. Mr. President, I com- Mr. GREGG. Mr. President, I believe every study has concluded is the key to mend the Senator from Massachusetts we are going to vote on the Warner good education. and ask him again, because we have amendment at 5:15; is that correct? In fact, I hold California up as a pret- heard from the other side that this is The PRESIDING OFFICER. The Sen- ty good example of how this works. some kind of Federal mandate for local ator is correct. They set in place—their right, they class size would the Senator from Mas- Mr. GREGG. Debate appears to be re- have the right to do it—a class size sachusetts not agree with me that this solving around the amendment of the ratio proposal. As a result, they went is a voluntary steady stream of money Senator from Washington, and I did out from 1995 and hired a whole bunch for schools that choose to use this want to speak to that. Then I guess we of new teachers. What happened? The money to reduce class size? ought to vote. number of certified, qualified teachers Mr. KENNEDY. The Senator is ex- The amendment of the Senator from went up—this is in the K–3 area—from actly correct. It is a voluntary pro- Washington is an outgrowth of a pro- 1,100 to 12,000 unqualified or teachers gram. It will be available, with the posal that was put forward by Presi- who were of questionable quality. They Senator’s amendment, to local commu- dent Clinton and was carried by the were not certified. They had not nities that have crowding in their Senator from Washington for the last learned how to teach a third grader or classrooms, as it has been in my own couple of years. However it fails, in my second grader or first grader or one in State of Massachusetts in a number of opinion, for a variety of reasons. kindergarten. So it is very possible different communities with the same The first reason it fails is the basic that by reducing the class size, Cali- very positive results we have seen in philosophy behind the amendment fornia actually ended up putting 11,000 other places. which is we in Washington know bet- more teachers into the classroom who As the Senator remembers, we made ter—better than you, the American didn’t know how to teach. a national commitment to hire 100,000 citizens who run their school districts; A couple of other important studies teachers. This is the amendment the you, the parents across America; you, proved beyond any question that if a Senator from Washington offered— the principals across America; you, the student is exposed to a teacher who 100,000 teachers. We have, I believe, school boards across America—how to doesn’t know what they are doing in a 37,000 of them, and some of them have run your schools. This is a command subject, the recovery time for that stu- already proven to be our best. and control amendment. This is an dent is extraordinary. Under a Rand

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4487 study, they concluded a student may sistance; we are going to help you get Mr. WARNER. Mr. President, I see never recover from a poor teacher— your credentials up to speed; we are my colleague seeking recognition. I am which gets back to the initial point: going to give you some money to help in no hurry. We do not know whether teachers are you get some more education. Or they Mrs. MURRAY. Mr. President, I good or not. can give the teacher some technical know the Senator from Virginia wants I do not know here, standing on the support in order to assist that teacher. to speak on his amendment. If I could floor, whether the teacher in Epping, They can make those decisions. We have 1 minute by unanimous consent NH, is good or poor, whether the teach- do not make them on the floor of the to speak. er going to be hired is a good teacher Senate. We do not tell the people who Mr. WARNER. Of course. or poor teacher. I don’t know it in are running the local school boards: The PRESIDING OFFICER. Without Cheyenne; I don’t know it in Chicago. You must do this; you must do that. objection, it is so ordered. The Senator What I do know is the principal in that We do not tell that to the principals, from Washington is recognized for 1 school probably does know who the the teachers, or the students that, or minute. good teachers are, probably does know the parents of the students. We would Mrs. MURRAY. Thank you, Mr. teachers who have weaknesses and rather say: Under the Teacher Em- President. I thank my colleague from need assistance, probably does know powerment Act, here are four uses for New Hampshire who has spoken elo- whether in one class they need more this pot of money. You make the deci- quently and passionately. teachers but in the other class they sion. I remind our colleagues that the just need to improve the teacher they Isn’t that much more logical? class reduction bill is not a mandate have. Or maybe in another class they We are not saying that the idea of re- from the Federal Government. It is a have such a great teacher who is being ducing the ratio in a classroom is bad. Federal partnership from the Federal pushed out of the school system be- In fact, we are saying it is a good idea Government to our classroom and to cause they cannot afford to pay the in many instances. In fact, we are say- our schools that want to reduce class costs because the teacher cannot afford ing it is one heck of a good idea if you size in the first, second, and third to live on the salary they are being have a good teacher. We are, however, grades. paid and they need to pay that teacher saying that in those classrooms where I also let our colleagues know that more. the principal knows maybe he doesn’t the California experiment which the I do not know the answer to those have the right teacher or she doesn’t Senator from New Hampshire spoke of questions, but I will tell you who does: have the right teacher coming in, or had teachers who were hired that were The local principals, the school boards, maybe that teacher does not know unqualified. I agree that we don’t want the teachers in the class know that, enough about the subject of teaching, that to happen. That is exactly why in and the parents whose kids are in the that they ought to have other tools our amendment we require fully quali- classroom. available to them to make those teach- fied teachers to be hired if these Fed- What does this proposal say? It says ers more effective. eral funds are used. it doesn’t matter; you have to hire a Interestingly enough, the studies I point out that a study has shown new teacher. That is your option. If have shown that by making teachers even in the California class size reduc- you want this money, you have to hire more effective in the classroom you tion reform they didn’t require fully a new teacher. can teach a lot more kids a lot better qualified teachers. Test scores are up I think that was misguided. I think it at a lot less cost than by going out and and student achievement is improving. was misguided when President Clinton hiring unqualified teachers or teachers Test results have been released in the brought it forward earlier, and as a re- who maybe aren’t cutting it. It costs last week that show student scores are sult we have debated this matter on about $450 per student to bring a class- up in those classes because they re- the floor a number of times. What did room into compliance with some of duced class size. Reducing class size we do to try to correct this? Because these proposals that are being proposed does make a difference. we do recognize, on our side of the today, but if you were to do it through We target a number of areas in this aisle, putting more teachers in the technology, it costs, I think, $90 per bill from reading first to technology, to classroom may be the proper resolution student. I think that was, again, a training math and science teachers. We to a specific incident; that may be Rand study. should also target money for class size what some school systems need. We We are saying on this side of the reduction. also recognize on this side of the aisle aisle, let’s give the local school board I thank the Chair. maybe the proper resolution is giving the flexibility to adjust the classroom The PRESIDING OFFICER. The Sen- that teacher more tools to work with, size. If they want to go to a ratio of 10 ator from New Hampshire. maybe giving that teacher more edu- to 1, they can use the money to hire Mr. GREGG. Mr. President, if I might cational support, maybe giving that more teachers to do it. If they want a quickly conclude, as the Senator from teacher some extra pay so they can ratio, however, of 17 or 18 to 1, which is Virginia is not quite ready, the Presi- keep teaching or some of the other the average ratio today, if they want dent’s $2.6 billion for teacher improve- things they may need. that teacher to learn more to be able ment and class size reduction will be So we put in the bill something to teach better, they should have that available at the option of the local called the Teacher Empowerment Act. option. And that option is going to be community under the TEA legislation, What the Teacher Empowerment Act made available under the TEA amend- which is a very significant increase does is to say let’s merge these teach- ment, which is known as title II of this over last year’s funding level. ing funds; let’s take this Eisenhower act. Mr. JEFFORDS. Mr. President, I ask grant; let’s take the class size grant, I think it also ought to be noted that unanimous consent that the vote be set put it into a pot of money, and then the resources are committed in this aside for 2 minutes to allow the Sen- give the States and local school dis- area. The President has made a major ator from Virginia to explain his tricts the opportunity to use that commitment in the area of resources to amendment. money in four different areas. They can teacher improvement and to class size. Mr. WARNER. Mr. President, reserv- hire more teachers for their classroom He has funded in his budget to the tune ing the right to object, could we make if that is what they think they need. of $2.6 billion the money necessary to that 5 minutes so he and I can share They can, if they need to, say to a do teacher improvement and class size. the time? teacher who may be leaving for the pri- I see the Senator from Virginia, Mr. JEFFORDS. Certainly. I ask vate sector: You are too good. We can- whose amendment is coming up which unanimous consent for 5 minutes. not afford to lose you. We will pay you I am not speaking to. I suspect he The PRESIDING OFFICER. Without some more money. They can, if they wants to say something about his objection, it is so ordered. have a teacher in a classroom who amendment before it gets voted on. I AMENDMENT NO. 383 TO AMENDMENT NO. 358, AS maybe isn’t quite up to speed on the yield to the Senator from Virginia so MODIFIED academic issue they are teaching, say he can tell us what his amendment is Mr. WARNER. Mr. President, I found we are going to get some outside as- about before we vote. a technical deficiency in the manner in

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4488 CONGRESSIONAL RECORD — SENATE May 8, 2001 which the amendment is drawn. It is a Mr. WARNER. Mr. President, first, I their job, when it should be taken care very simple one. It does not change in wish to say that the thoughts I em- of through the school system. I think any way the thrust of the amendment. brace in my amendment have been ad- they would appreciate and are entitled I would like to send to the desk at this vanced in this Chamber by other col- to have a tax credit of $1,000 to take time a technical change to my amend- leagues over a number years. I particu- care of those expenditures. I will pur- ment and ask that it be accepted. larly wish to recognize the Senator sue that in the Finance Committee for The PRESIDING OFFICER. Is there from Maine, Ms. COLLINS, and Senator my good friend. objection to the modification? KYL, who have made similar efforts Mr. WARNER. Mr. President, I pre- Mr. REID. Reserving the right to ob- through the years. Therefore, I am sume the Senator supports Senators ject, Mr. President, I suggest the ab- very proud to have my name on this voting for this measure? sence of a quorum. amendment. I assure you that there Mr. JEFFORDS. Yes. I think it is one The PRESIDING OFFICER. The are many Senators, and, indeed, some of the best amendments we will have. clerk will call the roll. on the other side, who have embraced Mr. WARNER. Mr. President, with The legislative clerk proceeded to this general concept that teachers need that, I yield the floor. call the roll. equal recognition to the emphasis that Mr. President, the yeas and nays Mr. REID. Mr. President, I ask unan- has been put thus far on the debate on have been ordered, am I not correct? imous consent that the order for the students. The PRESIDING OFFICER. The yeas quorum call be rescinded. My effort on this day, which is Na- and nays have been ordered on the The PRESIDING OFFICER. Without tional Teachers Day—I think we have amendment. objection, it is so ordered. slowly worked through the system a Mr. WARNER. I thank the Chair. The amendment is so modified. resolution to that effect—is to recog- Ms. COLLINS. Mr. President, I am The amendment (No. 383), as modi- nize that many, many teachers across pleased to join my colleague, Senator fied, is as follows: our Nation reach into their pockets WARNER, in introducing this proposal. (Purpose: To provide a sense of the Senate and withdraw aftertax dollars and ex- Senator WARNER deserves credit for fo- regarding tax relief for elementary and pend them for little things they ob- cusing our attention on the selfless ef- secondary level educators) serve in their daily teaching of stu- forts of teachers, and on the financial At the appropriate place, insert the fol- dents that are needed in the classroom. sacrifices they make, to improve their lowing: These teachers also have to constantly instructional skills and the classrooms SEC. . SENSE OF THE SENATE REGARDING TAX where they teach. As President Bush RELIEF FOR ELEMENTARY AND SEC- bring themselves up to speed on cur- ONDARY EDUCATORS. rent events in education. Many of them has put it, ‘‘Teachers sometimes lead (a) FINDINGS.—The Senate finds the fol- have very burdensome financial com- with their hearts and pay with their lowing: mitments with student loans, and so wallets.’’ (1) The average salary for an elementary forth. Our amendment expresses the sense and secondary school teacher in the United I think it is time the Congress recog- of the Senate that Congress should States with a Master’s degree and 16 years of nize this profession. For so many years pass legislation providing teachers experience is approximately $40,582. with tax relief in recognition of the (2) The average starting salary for teachers nursing and teaching were the two pro- in the United States is $26,000. fessions that were open to many, and many out-of-pocket, unreimbursed ex- (3) Our educators make many personal and now, fortunately, all the professions penses they incur to improve the edu- financial sacrifices to educate our youth. have been opened, and I hope equal op- cation of our children. Our amendment (4) Teachers spend on average $408 a year, portunity is being given women in so is targeted to support the expenditures out of their own money, to bring educational many professions. There are now op- of teachers who strive for excellence supplies into their classrooms. portunities to leave teaching and seek beyond the constraints of what their (5) Educators spend significant money out schools provide. Yet our amendment is of their own pocket every year on profes- higher pay in these particular posi- sional development expenses so they can bet- tions. broad enough to embrace a number of ter educate our youth. This is an amendment which simply different approaches to supporting our (6) Many educators accrue significant high- says it is the sense of this institution teachers through the tax code. er education student loans that must be re- that in the course of our deliberation Earlier this year, I introduced the paid and whereas these loans are accrued by on the various tax proposals that have Teacher Support Act of 2001, which is educators in order for them to obtain degrees come from the House and which are supported by good friends, Senators necessary to become qualified to serve in our now beginning in the Senate Finance KYL, LANDRIEU, and COCHRAN. nation’s schools. Our bill has two major provisions. (7) As a result of these numerous out of Committee—of which my distinguished pocket expenses that our teachers spend colleague, the chairman is a member— First, it would allow teachers and every year, and other factors, 6% of the na- that it would at some point take into teacher’s aides to take an above-the- tion’s teaching force leaves the profession consideration this type of legislation. line deduction for their professional de- every year, and 20% of all new hires leave I have requested $1,000, which is a velopment expenses. Second, the bill the teaching profession within three years. pretty substantial sum. My hope is would grant educators a tax credit of (8) This country is in the midst of a teach- that we can get the maximum. But I up to $100 for books, supplies, and er shortage, with estimates that 2.4 million thought we would try at that par- equipment that they purchase for their new teachers will be needed by 2009 because students. of teacher attrition, teacher retirement, and ticular level. increased student enrollment. I have discussed this with my col- According to a study by the National (9) The federal government can and should league, the distinguished manager. I Education Association, the average play a role to help alleviate the nation’s know he has a few views. I would be public school teacher spends more than teaching shortage. happy to yield for his questions and $400 annually on classroom materials. (10) The current tax code provides little make it technically feasible for him to This sacrifice is typical of the dedica- recognition of the fact that our educators take the floor. tion of so many teachers to their stu- spend significant money out of their own Mr. JEFFORDS. Mr. President, I dents. pocket to better the education of our chil- So often, teachers in Maine and dren. come from a teaching family. My (11) President Bush has recognized the im- mother and sister are teachers. I know throughout the country spend their portance of providing teachers with addi- of the effort they put into teaching and own money to better the classroom ex- tional tax relief, in recognition of the many buying supplies to make things go a periences of their students. I recently financial sacrifices our teachers make. little bit better. It is very common and met with Idella Harter, president of the (b) SENSE OF THE SENATE.—It is the sense accepted in the sense that it is sort of Maine Education Association, who told of the Senate that Congress should— part of the job. But it shouldn’t be. me of the books, rewards for student (1) pass legislation providing elementary We are at a time when our teachers’ behavior, and other materials that she and secondary level educators with additional tax relief in recognition of the many salaries are so much lower than they routinely purchased for her classroom. out of pocket, unreimbursed expenses edu- ought to be. I think it is wrong to ex- One year, Idella saved all of her re- cators incur to improve the education of our pect teachers to continuously take ceipts from purchases of classroom ma- Nation’s students. money out of their pockets in doing terials. She started adding up all the

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4489 receipts and was startled to discover Clinton Hatch Nelson (FL) lay aside at the moment, and then Sen- Cochran Helms Nelson (NE) that they totaled over $1,000! She said ator MIKULSKI is recognized, with that Collins Hollings Reed that she decided she better stop count- Conrad Hutchinson Reid vote to occur on the Mikulski amend- ing at that point. Corzine Hutchison Roberts ment tomorrow. And Idella is not alone, Maureen Craig Inhofe Rockefeller Mr. LOTT. That is correct. Senator Crapo Inouye Marshall, who handles education issues Santorum SPECTER has a second-degree amend- Daschle Jeffords Sarbanes in my office, taught public school for Dayton Johnson Schumer ment to the underlying Murray amend- several years in Hawaii and Virginia. DeWine Kennedy Sessions ment. Dodd Kerry Shelby Mr. DASCHLE. The sequence, then, In her first year as a teacher, she spent Domenici Kyl Smith (NH) well over $1,000 of her own money on Dorgan Landrieu is Voinovich, Feinstein, Specter, Smith (OR) educational software, books, pocket Durbin Leahy Carnahan, and Mikulski? Edwards Levin Snowe charts to assist with language arts in- Specter Mr. LOTT. We were not making a Ensign Lieberman unanimous consent request; we are just struction, and other materials. And Feingold Lincoln Stabenow yet, because of her tax situation, she Feinstein Lott Stevens trying to get clarification of the next could not deduct these expenses from Fitzgerald Lugar Thomas four actions. Frist McCain Thompson Is there a problem, though, with pro- her taxable income. Graham McConnell Thurmond The ultimate beneficiaries of efforts Gramm Mikulski Torricelli ceeding that way? to provide financial assistance to our Grassley Miller Voinovich Mr. SPECTER. Mr. President, I have Hagel Murkowski Warner already discussed with my colleagues, teachers are our students. Other than Harkin Murray Wyden involved parents, a well-qualified Senator VOINOVICH, Senator CARNAHAN, teacher is the most important pre- NAYS—3 and Senator FEINSTEIN, that I might requisite for student success. Edu- Enzi Gregg Nickles have 30 seconds to lay down a second- cational researchers have dem- degree amendment. NOT VOTING—2 Mr. LOTT. We will proceed with the onstrated the close relationship be- Kohl Wellstone other amendments once that happens. tween qualified educators and success- The amendment (No. 383), as modi- I yield the floor. ful students. Moreover, educators fied, was agreed to. AMENDMENT NO 388 TO AMENDMENT NO 378 themselves understand how important . . Mr. REID. I suggest the absence of a professional development is to main- Mr. SPECTER. Mr. President, I send quorum. taining and extending their levels of to the desk a second-degree amend- The PRESIDING OFFICER. The competence. When I meet with teach- ment to the underlying amendment by clerk will call the roll. ers from Maine, they repeatedly tell Senator MURRAY. The legislative clerk proceeded to The PRESIDING OFFICER. The me of their need for more professional call the roll. clerk will report. development and the scarcity of finan- Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: cial support for this worthy pursuit. imous consent that the order for the The Senator from Pennsylvania [Mr. SPEC- I greatly admire the many educators quorum call be rescinded. TER] proposes an amendment numbered 388 who have voluntarily financed addi- The PRESIDING OFFICER. Without to amendment No. 378. tional education to improve their objection, it is so ordered. Mr. SPECTER. I ask unanimous con- skills and to serve their students bet- Mr. LOTT. Mr. President, we are still sent the reading of the amendment be ter and who purchase books, supplies, working on both sides of the aisle to dispensed with. equipment and other materials that en- get agreements on how we will proceed The PRESIDING OFFICER. Without hance their teaching. By enacting mod- with votes later on tonight and tomor- objection, it is so ordered. est changes to our tax code, we can en- row. We have some items we can lock The amendment is as follows: courage educators to continue to take in. I ask unanimous consent when the (Purpose: To provide for class size reduction) formal course work in the subject mat- Senate resumes the education bill at In lieu of the matter proposed to be inter that they teach and to attend con- 9:30 Wednesday, the Senate proceed to serted, insert the following: ferences to give them new ideas for pre- a vote in relation to the Mikulski ‘‘SEC. ll. CLASS SIZE REDUCTION. senting course work in a challenging amendment regarding technology cen- ‘‘(a) ALLOTMENT.—Notwithstanding any manner. ters with 5 minutes equally divided other provision of this law, from $1,625,000,000 I hope that, by adopting this amend- prior to closing remarks. of the amounts made available to carry out ment, which is particularly fitting on part A of title II (other than subpart 5 of I ask consent all first-degree amend- such part A) for each fiscal year the Sec- National Teacher Day, we will pave the ments in order to S. 1 be filed at the way for passage of meaningful tax re- retary— desk by 5 p.m. on Wednesday and any ‘‘(1) shall make available a total of lief for teachers later this year. I think second-degree amendments be limited $6,000,000 to the Secretary of the Interior (on we should make it a priority to reim- to the subject matter contained in the behalf of the Bureau of Indian Affairs) and burse educators for a small part of first-degree amendment. the outlying areas for activities under this what they invest in our children’s fu- The PRESIDING OFFICER. Without section; and ture. objection, it is so ordered. ‘‘(2) shall allot the remainder by providing to each State the same percentage of that re- The PRESIDING OFFICER. The Mr. LOTT. In light of this, there are question now occurs on agreeing to mainder as the State received of the funds no further votes this evening. The next allocated to States under section 307(a)(2) of amendment No. 383, as modified. The vote occurs at 9:35 on Wednesday. How- the Department of Education Appropriations yeas and nays have been ordered. The ever, I understand Senators are ready Act, 1999. clerk will call the roll. to go with amendments or second-de- ‘‘(b) DISTRIBUTION TO LOCAL EDUCATIONAL The legislative clerk called the roll. gree amendments. We will continue to AGENCIES.— Mr. REID. I announce that the Sen- work on that as long as we can get Sen- ‘‘(1) IN GENERAL.—Each State that receives funds under this section shall distribute 100 ator from Wisconsin (Mr. KOHL and the ators to offer their amendments. Senator from Minnesota (Mr. percent of such funds to local educational Mr. DASCHLE. Will the Senator agencies in the State, of which— WELLSTONE are necessarily absent. yield? ‘‘(A) 80 percent shall be allocated to such The result was announced—yeas 95, Mr. LOTT. I yield. local educational agencies in proportion to nays 3, as follows: Mr. DASCHLE. I think it would be the number of children aged 5 to 17, who re- [Rollcall Vote No. 95 Leg.] helpful to reiterate what we think the side in the school district served by such local educational agency and are from fami- YEAS—95 sequence would be. Is Senator VOINO- lies below the poverty line (as defined by the Akaka Bingaman Byrd VICH going next? Mr. LOTT. Followed by Senator Office of Management and Budget and re- Allard Bond Campbell vised annually in accordance with section Allen Boxer Cantwell FEINSTEIN tonight. 673(2) of the Community Services Block Baucus Breaux Carnahan Mr. DASCHLE. I know Senator Bayh Brownback Carper Grant Act (42 U.S.C. 9902(2))) applicable to a Bennett Bunning Chafee CARNAHAN has an amendment she family of the size involved for the most re- Biden Burns Cleland would like to offer and is prepared to cent fiscal year for which satisfactory data

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4490 CONGRESSIONAL RECORD — SENATE May 8, 2001 are available compared to the number of that is part of a local strategy for improving braska, proposes an amendment numbered such children who reside in the school dis- the educational achievement of all students, 389. tricts served by all local educational agen- or that already has reduced class size in the Mr. VOINOVICH. I ask unanimous cies in the State for that fiscal year; and early grades to 18 or less (or already has re- consent reading of the amendment be ‘‘(B) 20 percent of such amount shall be al- duced class size to a State or local class size located to such local educational agencies in reduction goal that was in effect on the day dispensed with. accordance with the relative enrollments of before the date of enactment of the Depart- The PRESIDING OFFICER. Without children aged 5 to 17, in public and private ment of Education Appropriations Act, 2000, objection, it is so ordered. nonprofit elementary and secondary schools if that State or local educational agency The amendment is as follows: within the boundaries of the school district goal is 20 or fewer children), may use funds (Purpose: To modify provisions relating to served by such agencies. provided under this section— State applications and plans and school ‘‘(2) SPECIAL RULE.—Notwithstanding para- ‘‘(1) to make further class size reductions improvement to provide for the input of graph (1), if the award to a local educational in kindergarten through grade 3; the Governor of the State involved) agency under this section is less than the ‘‘(2) to reduce class size in other grades; On page 7, line 21, add ‘‘and the Governor’’ starting salary for a new fully qualified ‘‘(3) to carry out activities to improve after ‘‘agency’’. teacher in that agency who is certified or li- teacher quality, including professional devel- On page 8, line 1, insert ‘‘and the Gov- censed in the State (which may include cer- opment; and ernor’’ after ‘‘agency’’. tification or licensure through State or local ‘‘(4) to carry out other activities author- On page 35, line 10, strike the end alternative routes), has a baccalaureate de- ized under title V. quotation mark and the second period. gree, and demonstrates the general knowl- ‘‘(e) REPORTS.— On page 35, between lines 10 and 11, insert edge, teaching skills, and subject matter ‘‘(1) REPORT TO SECRETARY.—Each State re- the following: knowledge required to teach in the teacher’s ceiving funds under this section shall report ‘‘(c) STATE PLAN.—Each Governor and content areas, then that agency may use to the Secretary regarding activities in the State educational agency shall jointly pre- funds provided under this section— State that are assisted under this section, pare a plan to carry out the responsibilities ‘‘(A) to help pay the salary of a full- or consistent with sections 5322 (1) and (2). of the State under sections 1116 and 1117, in- part-time teacher hired to reduce class size, ‘‘(2) REPORT TO THE PUBLIC.—Each State cluding carrying out the State educational which may be in combination with other and local educational agency receiving funds agency’s statewide system of technical as- Federal, State, or local funds; or under this section shall publicly report to sistance and support for local educational ‘‘(B) to pay for activities described in sub- parents on its progress in reducing class size, agencies.’’. section (c)(2)(C) which may be related to increasing the percentage of classes in core On page 35, line 20, insert ‘‘, that is jointly teaching in smaller classes. academic areas that are taught by fully prepared and signed by the Governor and the ‘‘(c) USES.— qualified teachers who are certified or li- chief State school official,’’ after ‘‘a plan’’. ‘‘(1) MANDATORY.—The basic purpose and censed by the State and demonstrate com- On page 706, line 8, insert ‘‘Governor and intent of this section is to reduce class size petency in the content areas in which the the’’ after ‘‘which a’’. with fully qualified teachers. Each local edu- teachers teach (as determined by the State), On page 706, line 16, insert ‘‘Governor and cational agency that receives funds under on the impact that hiring additional highly the’’ after ‘‘A’’. this section shall use such funds to carry out qualified teachers and reducing class size has On page 707, line 2, insert ‘‘Governor and effective approaches to reducing class size had, if any, on increasing student achieve- the’’ after ‘‘A’’. with fully qualified teachers who are cer- ment (as determined by the State) or student tified or licensed to teach within the State, Mr. VOINOVICH. Mr. President, the performance (as determined by the State) amendment that I have offered will im- including teachers certified or licensed and on the impact that the locally defined through State or local alternative routes, program has had, if any, on increasing stu- prove the coordination, accountability and who demonstrate competency in the dent achievement (as determined by the and delivery of educational services in areas in which the teachers teach, to im- State) or student performance (as deter- states all across America. I am pleased prove educational achievement for both reg- mined by the State). to be joined by Senator BAYH and Sen- ular and special needs children with par- ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Each ator BEN NELSON in introducing this ticular consideration given to reducing class such agency shall use funds under this sec- size in the early elementary grades for which amendment. tion only to supplement, and not supplant, Mr. President, as many of my col- some research has shown class size reduction State and local funds that, in the absence of is the most effective. such funds, would otherwise be spent for ac- leagues know, Senator BAYH, Senator ‘‘(2) PERMISSIVE.—Each such local edu- tivities under this section. NELSON and I served as Governors of cational agency may use funds provided ‘‘(g) ADMINISTRATIVE EXPENSES.—A local our respective states; they served in In- under this section for— educational agency that receives funds under diana and Nebraska respectively, and I ‘‘(A) recruiting (including through the use this section may use not more than 3 percent served as Governor of Ohio for 8 years. of signing bonuses or other financial incen- of such funds for local administrative ex- As my state’s chief executive, I learned tives), hiring, and training fully qualified penses. that few individuals have more of an regular and special education teachers ‘‘(h) REQUEST FOR FUNDS.—Each local edu- (which may include hiring special education cational agency that desires to receive funds impact on education policy in their teachers to team-teach with regular teachers under this section shall include in the appli- state than the Governor. in classrooms that contain both children cation submitted under section 5333 a de- Yet, under federal law, governors— with disabilities and nondisabled children) scription of— the men and women who are their and teachers of special needs children, who ‘‘(1) the agency’s program to reduce class state’s CEOs—are not able to fully par- are certified or licensed to teach within the size by hiring additional highly qualified ticipate in their state’s education plan- State (including teachers certified or li- teachers; and ning process. censed through State or local alternative ‘‘(2) the agency’s proposed educational pro- Mr. President, most federal edu- routes), have a baccalaureate degree, and gram under this section that is part of its demonstrate the general knowledge required local strategy for improving educational cation assistance to our states cur- to teach in their content areas; achievement for all students. rently flows directly to state education ‘‘(B) testing new teachers for academic The PRESIDING OFFICER (Mr. departments, where a large percentage content, and to meet State certification or SMITH of Oregon). The Senator from of that funding is then passed on to licensure requirements that are consistent Ohio is recognized. local schools. with title II of the Higher Education Act of Mr. VOINOVICH. Mr. President, I ask State plans submitted by state edu- 1965; and cation departments to the U.S. Depart- ‘‘(C) providing professional development unanimous consent to set aside the pending amendment. ment of Education set the parameters (which may include such activities as pro- that local school officials must subse- moting retention and mentoring) to teach- The PRESIDING OFFICER. Without ers, including special education teachers and objection, it is so ordered. quently follow in developing and imple- teachers of special needs children, in order to AMENDMENT NO. 389 TO AMENDMENT NO. 358 menting their own spending plans. meet the goal of ensuring that all instruc- Mr. VOINOVICH. I send an amend- However, there is no requirement that tional staff have the subject matter knowl- ment to the desk, and I ask for its im- governors be involved in this process, edge, teaching knowledge, and teaching mediate consideration. nor is there any requirement for co- skills necessary to teach effectively in the The PRESIDING OFFICER. The ordination between Chief State School content area or areas in which the teachers clerk will report the amendment. Officers and Governors on the use or provide instruction, consistent with title II disposition of federal education dollars. of the Higher Education Act of 1965. The assistant legislative clerk read ‘‘(d) SPECIAL RULE.—Notwithstanding sub- as follows: In some states, the Chief State section (c)(1), a local educational agency The Senator from Ohio [Mr. VOINOVICH], for School Officers are appointed by Gov- that has designed an educational program himself, Mr. BAYH, and Mr. NELSON of Ne- ernors and are, therefore, accountable

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4491 to them, while in other states, Chief issues, chief State schools officers will I am offering this amendment to make State School Officers are elected di- consult local districts, and Governors sure that the highest elected official of rectly by the people. If these individ- will set out plans for educational prior- every State is a full partner with Con- uals share the same political leanings, ities throughout the State. gress in the effort to implement true there is usually little conflict on edu- Speaking from personal experience, reform. I urge my colleagues to support cation policy. However, where gov- having the Governor and the chief our amendment. ernors and chief state school officers do State school officer working together I yield the floor. not see eye-to-eye, potential conflict is absolutely critical. Having these two The PRESIDING OFFICER. The Sen- can arise that could threaten the edu- individuals working independently on ator from California is recognized. cational needs of our children. education policy does not maximize Mr. SESSIONS. Will the Senator Regardless of how a state’s top edu- our ability to achieve the educational yield for a question? cation official achieves his or her posi- goals the President has set out and Mrs. FEINSTEIN. I will. tion, in each and every state, it is the that this Congress has set out. I believe Mr. SESSIONS. Has an order for governor the public holds accountable we need to require both signatures. speaking time been reached? for the overall condition and success of Our amendment will also help lever- The PRESIDING OFFICER. There public schools. As it is currently writ- age State resources. As my colleagues has been no such order reached. ten, the Senate’s ESEA reauthoriza- know, the Federal contribution to edu- Mr. KENNEDY. If I could ask the tion bill also holds governors account- cation amounts to only 7 percent, with Chair, I think when the leaders asked, able for student progress, even where the State and locals funding the re- there was a recognition that in order governors have no current discretion maining 93 percent of education spend- to move the process forward, Senator over Federal education programs and ing in the State. VOINOVICH, Senator SPECTER—I see the Federal education funding. Requiring joint sign off on education leader is here—there was a recognition This accountability issue is mag- plans by the Governor and the chief that Senator FEINSTEIN was to speak nified under the legislation we are con- State school officer enables the Gov- briefly, Senator MIKULSKI—we have sidering. Under Title VI of this bill, ernor to leverage and ensure coordina- agreed to consider her amendment— tion of the much larger pot of state States may lose between 30 and 75 per- and Senator CARNAHAN. I don’t know cent of their administrative funds for education funding to work with the whether consent was agreed to, but I formula programs if States fail to meet Federal dollars. The only way to fully think that was generally the thought. specified performance requirements. leverage Federal funds is to ensure the Mr. SESSIONS. If I could generally If a State budgets those administra- coordination of these funds with State have the opportunity to speak after the tive funds and they are lost as a result efforts. last speaker, I will appreciate it. Governors are the national leaders in of this bill, then the entire State budg- Mr. KENNEDY. The Senator is being education reform. I remember as Gov- et could be impacted. Ohio, for exam- very gracious. There, correctly, was ernor of Ohio, we pushed for EdFlex au- ple, received $3.1 million in Title I ad- not a consent agreement, but I think thority from this body so that we could ministrative funds last year. If Ohio there was sort of a gentleperson’s have the flexibility to combine pro- were to lose 75 percent of these funds, agreement to try to move the sched- grams and target funds where they uling along. I think I will be here when that would mean about $2.33 million were needed. Governors like Bill Clin- the Senator speaks. would have to come from somewhere ton in Arkansas, Richard Reilly in Mr. SESSIONS. I understand. That else in the state budget. South Carolina and Lamar Alexander Governors do play a leadership role will be acceptable? Do we have an unin Tennessee became well known na- in the development of State education derstanding of the time the Senators tionally on education, not because of will use? policy, including standards and assess- what they did in Washington, but be- Mr. KENNEDY. Senator CARNAHAN, ments, and the allocation of State cause as Governors they innovated to as I understand, would like to address budget resources for public education. improve education in their States. Our Governors are willing to be held ac- current President, George W. Bush, ran the Chair and introduce her amend- countable for Federal programs as well, for President partly to share with the ment and set it aside. Am I correct? but it is imperative that the Federal rest of America, the successful edu- Mrs. CARNAHAN. Yes. Mr. KENNEDY. I ask consent she be Government give them the authority cation plan he had implemented in to help determine reform through Fed- Texas. recognized for that purpose. Then the eral education programs. What ultimately matters—and what Senator from California intends to in- It doesn’t make sense, that a Gov- should drive our decisions on education troduce her amendment and speak ernor, who has to manage the State’s policy—is whether or not our students briefly. After that, the Senator from budget and is accountable for any learn. That is really what we are talk- Maryland, for whatever time she might shortfall, is not required to be con- ing about in this debate. We must co- use. After that, the Senator from Ala- sulted when State educational officers ordinate policies so that there is a con- bama. set education priorities. sensus on education in the state for the Ms. MIKULSKI. If I might respond to Our amendment hopes to change benefit of our students. Education is the Democratic Chair of the Education that. too important to have our different Committee, I intend to speak no more What our amendment is designed to stakeholders working separately. Our than 10 minutes and probably even less. do, is very simple: it encourages con- Governors and chief State school offi- Mr. KENNEDY. If we could ask unan- solidation and coordination between cers must be working together. imous consent to that order, and then Governors and chief State school offi- Our amendment will foster greater I ask if I can be recognized after the cers in designing State education re- cooperation between all State officials Senator from Alabama. form plans. responsible under State law for the per- Mr. SESSIONS. I have no objection. Under our amendment, State edu- formance of public schools. It will also Mr. KENNEDY. I thank the Chair. cation plans submitted to the U.S. Sec- help to ensure that state plans sub- The PRESIDING OFFICER. Without retary of Education for Federal pro- mitted for approval by the Department objection, that is the order in which grams, as well as funding for the school of Education align with the implemen- Senators will speak. improvement program, must be jointly tation of State accountability legisla- The Senator from Missouri. signed by both the Governor and the tion. It is of vital importance that Mrs. CARNAHAN. Mr. President, chief State school officer—both of chief State school officers and Gov- what is the pending business? them. ernors work together to establish edu- The PRESIDING OFFICER. The The timing of this amendment is cation goals in their States. amendment pending right now is the critical, since once Congress passes I might add, Mr. President, this Voinovich amendment. The Senator ESEA reauthorization this year, each amendment is strongly supported by will have to ask that it be set aside. State will finalize their educational the National Governors’ Association. Mrs. CARNAHAN. Yes, I ask unani- plans and priorities. State legislatures As a former Governor who had edu- mous consent the pending business be will consider funding and resource cation as one of my highest priorities, set aside.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4492 CONGRESSIONAL RECORD — SENATE May 8, 2001 The PRESIDING OFFICER. Without the product of arduous and painstaking More than 700 schools have partici- objection, it is so ordered. negotiations on the part of my col- pated in this program, and have AMENDMENT NO. 374 TO AMENDMENT NO. 358 leagues and the Bush administration. achieved impressive results. Students Mrs. CARNAHAN. I call up amend- It represents bipartisan consensus. I enjoy learning more, are more engaged, ment No. 374. applaud all those involved, who have and develop closer bonds with their The PRESIDING OFFICER. The put our children ahead of politics. teachers. clerk will report. The legislation will bring greater ac- I point out, too, that this amendment The assistant legislative clerk read countability to our school system. It will allow funds to be used for alter- as follows: will mean increased testing, targeted native programs for violent and disrup- support for failing schools, and new op- tive students. The Senator from Missouri [Mrs. CARNA- tions for parents. The core principle be- HAN] proposes an amendment numbered 374 Ask any teacher, and they will tell to amendment No. 358. hind the act is that we can identify you that one or two chronically disrup- low-performing schools through rig- Mrs. CARNAHAN. I ask unanimous tive students can destroy the learning orous testing and then give them the environment for the entire class. consent reading of the amendment be resources they need to turn themselves dispensed with. Schools need the flexibility and au- around. thority to provide safe and effective The PRESIDING OFFICER. Without The bill is based on successful models objection, it is so ordered. classrooms for all. that have been developed at the state At the same time, we must make The amendment is as follows: level. sure that districts can provide appro- (Purpose: To improve the quality of In Missouri, we have a comprehensive priate educational resources for disrup- education in our Nation’s classrooms) accountability system in place called tive students. On page 319, line 4, insert ‘‘, including the Missouri Assessment Program, or Under Missouri law, a teenager who teaching specialists in core academic sub- MAP. carries a gun to school can be expelled jects’’ after ‘‘principals’’. These tests measure student progress On page 326, line 1, insert ‘‘, including and prohibited from returning to the in math, reading, science, and social traditional public school. strategies to implement a year-round school studies to see if kids are meeting what schedule that will allow the local edu- In some areas of the state, there is cational agency to increase pay for veteran we like to call the ‘‘Show-Me Stand- simply no alternative program avail- teachers and reduce the agency’s need to ards.’’ able to this student. Now I am not one who feels that in- hire additional teachers or construct new fa- Turning disruptive and potentially creased spending automatically trans- cilities’’ after ‘‘performance’’. violent students out onto the streets lates into improved results. But I do On page 327, line 2, insert ‘‘as well as teach- without an education is a recipe for ing specialists in core academic subjects who believe a key element of the reform ef- disaster. will provide increased individualized instruc- fort is to provide troubled schools with However, in some parts of the state, tion to students served by the local edu- the resources they need to improve per- districts have been able to create very cational agency participating in the eligible formance. effective programs for these students, partnership’’ after ‘‘qualified’’. The first piece of legislation I intro- On page 517, line 18, strike ‘‘and’’. relying on alternative education grants duced—the Quality classrooms Act—is On page 517, line 20, strike the period and under Missouri’s Safe Schools Act. designed to fit in the context of this insert ‘‘; and’’. Often, the alternative programs pro- overall education reform effort. On page 517, between lines 20 and 21, insert vide students with their last chance to the following: The Quality classrooms Act calls for ‘‘(I) alternative programs for the education a new investment in our schools, yet receive an education. and discipline of chronically violent and dis- offers flexibility at the local level. In the Kirkwood School District, an ruptive students. It provides school districts with the alternative school has helped students On page 528, line 11, strike ‘‘and’’. option of using funds on any of five improve their grades, behavior and at- On page 528, line 14, strike the period and proven programs: hiring new teachers; tendance. insert ‘‘; and’’. building more classrooms; hiring Those participating in the program On page 528, between lines 14 and 15, insert have a different learning plan tailored the following: teaching specialists in core subjects such as reading, math, and science; cre- to their needs. ‘‘(16) alternative programs for the edu- Alternative programs open the door cation and discipline of chronically violent ating alternative discipline programs; and disruptive students. and instituting year-round school for creativity in working with disrup- On page 539, line 10, strike ‘‘and’’. schedules. tive students. The Kirkwood program, On page 539, between lines 10 and 11, insert These are commonsense provisions for example, collaborates with the ju- the following: that meet basic needs. And I am venile court system. police officers ‘‘(E) alternative programs for the edu- pleased that the first two ideas—class meet with students and lead discus- cation and discipline of chronically violent size reduction and school construc- sions on controlling anger, on drugs and disruptive students; and’’. tion—are already part of the education and alcohol abuse, and on decision- Mrs. CARNAHAN. Mr. President, it debate. making. has been suggested that families and Today, I am introducing an amend- As a result, discipline problems communities give us roots, but our ment to accomplish the other three dropped dramatically. A total of 166 re- schools give us wings—the wings of op- elements of the Quality Classrooms ferrals to school administrators were portunity that come with a solid edu- Act: specialists for core subjects; alter- made for students in the school year cational background. native discipline programs; and year before they started in the alternative I commend President Bush for put- round school programs. program. The following year, this num- ting education at the top of the na- This amendment is about flexibility, ber dropped to 73. School officials tional agenda. His goal to ‘‘leave no not mandates. Like the Quality Class- noted that fewer referrals saved the child behind’’ is one that all of us in rooms Act, this amendment recognizes school ‘‘at least 90 hours of administra- the Congress should support. Indeed, that local districts area best suited to tive time.’’ education is a cause that all Americans make decisions about their needs. Mr. President, the goal of my amend- can rally behind. For it is in the com- The amendment proposes more ment is to recognize, reward, and en- mon interest to prepare our children teaching specialists because studies courage that kind of innovation and for success. If we are interested in in- show that reducing class size is more success. creased prosperity, higher produc- cost effective when focused on certain And finally, the amendment will help tivity, safer streets, lower welfare subjects. school districts implement a year- rolls, and reduced need for government A good example of this is ‘‘Success round school schedule where it might services, the place to start is in our for All’’ a program which enlists re- be appropriate. public schools. tired teachers and other part-timers as Studies have shown that a year- The Better Education for Students reading instructors. The instructors round school schedule increases stu- and Teachers Act that we are debating are carefully trained and focus on dent achievement. Teachers in tradi- today is an important first step. It is small groups of children. tional nine-month schools often spend

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4493 three to six weeks in the fall reviewing ommended by administrators and other gram and allow teachers who have material that was taught during the teachers who are knowledgeable of the indi- taught in the classrooms for 5 years—if previous year. vidual’s performance; they have certain credentials—to be- A year-round program can work well (D) at the time of submission of such appli- come a master teacher and receive the cation, is teaching and based in a public for at-risk or learning disabled stu- school; salary equal to that of an adminis- dents who may be struggling to grasp (E) assists other teachers in improving in- trator? and retain information. structional strategies, improves the skills of What would the criteria be? Under In addition, year-round schools can other teachers, performs mentoring, devel- this amendment, the teacher would be be a way to use facilities more effi- ops curriculum, and offers other professional credentialed, have at least 5 years of ciently. Some overcrowded schools development; and teaching experience, and be adjudged stagger student attendance, so that (F) enters into a contract with the local to be an excellent teacher by adminis- one group is on vacation during each educational agency to continue to teach and trators and teachers who are knowl- serve as a master teacher for at least 5 addi- grading period. tional years. edgeable about this teacher’s perform- In one district that grows by 1,500 ance. The teacher would have to be A contract described in subparagraph (F) kids a year, the district implemented a shall include stipends, employee benefits, a currently teaching and willing to enter staggered, year-round schedule. This description of duties and work schedule, and into a contract to teach for another 5 allows them to serve 2,000 additional other terms of employment. years. children in a given academic year. (e) STUDY AND REPORT.— The master teacher, then, would be- Of course, a year-round approach (1) IN GENERAL.—Not later than July 1, come a mentor teacher, would help may not be right for some districts. 2005, the Secretary shall conduct a study and other teachers in improving instruc- For example, in rural areas, students transmit a report to Congress pertaining to tion and strengthening teacher skills, often play a key role on family farms the utilization of funds under section 2123 for would mentor less-experienced teach- Master Teachers. during the summer months. That is ers, help develop curriculum, and pro- (2) CONTENTS OF REPORT.—The report shall why this amendment allows each dis- include an analysis of: vide other professional development. trict to make the choice for itself. (A)(i) the recruitment and retention of ex- What is interesting is that 25 percent There is no ‘‘one-size-fits-all’’ ap- perienced teachers; of beginning teachers do not teach proach for our schools. Our schools and (ii) the effect of master teachers on teach- more than 2 years. Nearly 40 percent local districts need flexibility so they ing by less experienced teachers; leave in the first 5 years. For my State, can make appropriate choices. My (iii) the impact of mentoring new teachers this is a huge problem. We have 284,030 amendment will add to the flexibility by master teachers; teachers currently, and in the next 10 (iv) the impact of master teachers on stu- years we have to hire an additional that the bill already provides. I look dent achievement; and forward to working with the manager (v) the reduction in the rate of attrition of 300,000 teachers. and hope the amendment will receive beginning teachers; and California’s rate of student enroll- widespread support. (B) recommendations regarding estab- ment is three times the national aver- This debate has given us an unique lishing activities to expand the project to adage. Therefore, we have to hire 26,000 opportunity to improve education in ditional local educational agencies and new teachers every year. America. Major progress is within our school districts. If they teach 2 years, and we lose grasp. Our support for these innovative Mrs. FEINSTEIN. Mr. President, them because they can get a better job reforms will give our children the today I am introducing an amendment elsewhere, or we lose a good teacher wings of opportunity needed for suc- to authorize school districts to use who has taught 6 or 7 or 8 or 10 years cess. teacher training funds authorized because that teacher wants to become Let us seize this opportunity and do under the bill to create master teach- an administrator to make a higher sal- what is right for our children. ers. ary, we lose teaching skills in the I ask unanimous consent that the The bill before us authorizes $3 bil- classroom. amendment be laid aside. lion for FY 2002 Title II, teacher train- So I thought we could try to see if I yield the floor. ing. Under this amendment, school dis- these excellent teachers would work in The PRESIDING OFFICER. Without tricts could use some of these funds to the classrooms for an additional 5 objection, it is so ordered. create master teacher positions. years, be willing to mentor other The Senator from California. If, for example, $200 million were teachers, be credentialed teachers, and AMENDMENT NO. 392 TO AMENDMENT NO. 358 spent on master teachers, 6,600 master stay in the classrooms and become Mrs. FEINSTEIN. Mr. President, I teacher positions could be created if master teachers to help other teachers. send an amendment to the desk. each master teacher were paid $30,000 There are some existing mentoring The PRESIDING OFFICER. The on top of the current average teacher’s programs. I worked earlier with Adam clerk will report. salary. Urbanski, a teacher in Rochester, NY, The assistant legislative clerk read What is this all about? Why am I who pointed out to me very clearly as follows: doing it? One of the things I have dis- how mentoring programs keep teachers The Senator from California [Mrs. FEIN- covered is it is difficult to keep good in the classroom. It occurred to me STEIN] proposes an amendment numbered 392 teachers in the classroom. The Senator that master teachers could produce to amendment No. 358. from Vermont is in the Chamber. I very good dividends. Mrs. FEINSTEIN. Mr. President, I can’t tell him how many times I have One of the key things about all of ask unanimous consent that reading of given an award to a teacher of the this is that we expect so much from the amendment be dispensed with. year, or a teacher of the month, and our teachers and we pay them so little. The PRESIDING OFFICER. Without they accept it and say they are leaving I think California is one of the highest objection, it is so ordered. the classroom. I ask: Why are you leav- cost-of-living areas in the Nation. Yet The amendment is as follows: ing the classroom? Because I got a bet- teachers earn $45,000. Their salary is limited. On page 327, after line 10, add the fol- ter job in Silicon Valley; or I am going lowing: to become an administrator. I would like to say to the chairman (7) Carrying out programs and activities When you ask why they are going to of the committee, who is in this Cham- related to Master Teachers. become an administrator, it is because ber, it is my understanding that the (2) MASTER TEACHER.—The term ‘‘master of more money. The average teacher’s amendment is acceptable on both sides. teacher’’ means a teacher who— salary is about $40,000 a year. In Cali- I am very pleased. I intend to follow (A) is licensed or credentialed under State fornia, it is $45,000 a year. So you can this closely. I hope we have a whole se- law in the subject or grade in which the work 10 or 15 years for that amount of ries of master teachers one day that teacher teaches; burgeon throughout the Nation, that (B) has been teaching for at least 5 years in money, but you can become an admin- a public or private school or institution of istrator at $65,000 or $70,000 a year and lead the way in keeping good teachers higher education; support your family. in the classroom, to increase teachers’ (C) is selected upon application, is judged So the idea occurred to me, what if salaries, and to increase the perform- to be an excellent teacher, and is rec- we were to have a master teacher pro- ance of the average classroom teacher.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4494 CONGRESSIONAL RECORD — SENATE May 8, 2001 I thank very much the chairman of cation bill there is no provision for But they would walk into a community the committee for his indulgence. community technology centers. The tech center. This is why we believe I yield the floor. President’s budget indicates he would that in addition to the 21st century The PRESIDING OFFICER (Mr. make it a permissible use under HUD learning centers, these community VOINOVICH). The Senator from to be taken out of community develop- technology centers are needed. Vermont. ment block grant money. So why do we Let me cite a few examples. The Bal- Mr. JEFFORDS. I believe we can ac- want this in ESEA? We want it in timore Urban League received a grant cept this amendment. ESEA because essentially it takes to create a community tech center. The PRESIDING OFFICER. Is there technology education to where people They created a computer clubhouse, an further debate on the amendment? learn in their communities. afterschool computer center for teen- Is there any objection to the amend- What would this mean for local com- agers. The young people were taught ment? munities? It would mean a safe haven computer skills. They also then teach Without objection, the amendment is for children where they could learn other young people. They are engaging agreed to. how to use computers—use them to do in desktop publishing. During the day, The amendment (No. 392) was agreed homework—use them to access the it is used for career development, fo- to. Internet. It means job training for cused on Welfare-to-Work. Ms. MIKULSKI. I move to reconsider adults who could use the technology In rural Odem, TX, we have another the vote. centers to either get new skills and example of a community tech center Mr. JEFFORDS. I move to lay that new tools to enter the new economy or that both worked with the people in motion on the table. to upgrade their skills. the community but was also a source The motion to lay on the table was Also, these centers would serve all for distance learning. In a school dis- agreed to. regions, races, and ethnic groups. They trict in Arizona, it helped young Na- Mrs. FEINSTEIN. I thank the chair- will be where they are needed, where tive Americans enter the high-tech man very much. there is often limited access to tech- workforce. The PRESIDING OFFICER. The Sen- nology. They will be in urban, rural, I could go on with example after ex- ator from Maryland. and suburban areas. They will be in Ap- ample. Let me tell my colleagues this: Ms. MIKULSKI. Mr. President, I ask palachia and Native American reserva- Thanks to the leadership of Senators unanimous consent that the pending tions, and urban centers. HARKIN and SPECTER, and Labor-HHS, Voinovich amendment be laid aside. Why do we need those? First of all, I they funded community tech centers The PRESIDING OFFICER. Without want to acknowledge the fantastic through appropriations. Be aware that objection, it is so ordered. work that Senator JEFFORDS has done they were never authorized. Essen- AMENDMENT NO. 379 in advocating something called the 21st tially, HARKIN and SPECTER just went Ms. MIKULSKI. Mr. President, I now century learning centers. He has, in- ahead and did it. God bless them for call up amendment No. 379. deed, been a great advocate of that, doing it. But they could only, because The PRESIDING OFFICER. The along with his colleague, Senator JUDD of the lack of authorization, fund very amendment is pending. GREGG. They really have been excellent few of these programs. In 1999, over 750 Ms. MIKULSKI. Mr. President, this in establishing these learning centers. community organizations applied for amendment is very simple. It is very They are excellent programs, but community technology center money. straightforward. It is a great public in- they are primarily in schools. Most of Under the great leadership of HARKIN- vestment in getting our children ready them are only for children. And most SPECTER, there was only enough money for their future. of them operate during very specific to give grants to 40 of these commu- What this amendment does is provide hours. Some are open just a few hours nity organizations. for the establishment of community a day; most do not necessarily focus on There is so much pent-up need, it technology centers in the United technology. I want to acknowledge points to why my legislation is needed. States under the provisions of th Ele- that the one in Vermont is open week- I believe we do not have a worker mentary and Secondary Education Act. ends and even in the summer. So shortage in the United States—we have It would authorize $100 million to cre- Vermont is really doing a great job. a skills shortage. Even with dot-coms ate 1,000 community-based tech centers But why do we need these commu- now dot-bombing, there still is a great around the country. These centers nity tech centers in the community? In need for technology workers. In fact, in would be created and run by commu- some places schools are either too worn practically every field technology lit- nity-based groups, such as the YMCA, out or too dated to be wired for the fu- eracy is needed. Manufacturing in my the Urban League, or even a public li- ture. We have school facilities in des- own State has gone from smokestack brary. perate need of modernization. And the to cyberstack. We must have people The Federal Government would pro- poorer the community, usually the with the skills who are ready. We don’t vide competitive grants to these com- poorer the physical condition of the have a worker shortage in this coun- munity-based groups. By the third year school. Community Technology Cen- try; we have a skill shortage in this of funding at least half of the funds ters would ensure that technology is in country. In addition to schools and li- come from the private sector. In year the community. braries, to have 1,000 community tech- one, 30 percent comes from private sec- Second, it is multigenerational. This nology centers would be a welcome ad- tor and in year two, 40 percent must means it could be used during the day dition into these communities and come from the private sector. Again, for adults and seniors and in the after- neighborhoods for people to have the by year three the funding would be 50– noons for structured afterschool activi- opportunity to truly enter this new 50; 50 percent from the Federal Govern- ties for children, bringing them to world. ment and 50 percent from the commu- technology. It also could be open at My legislation is endorsed by groups nity-based groups. This is truly an ex- night and on weekends. Also, it re- such as the National Council of La cellent example of a public private- moves barriers to learning. Raza, the NAACP headquartered in my partnership and maximization of fed- In many of our communities, new im- own State, the American Library Asso- eral funds. migrants are shy about coming into ciation, the American Association of By funding community technology schools, particularly adults. There is Community Colleges, and also the centers, we will be helping to build the need to reach out to men who very Computer and Communications Indus- public-private partnerships around the often want to upgrade their skills, to try Association. country. I want to stress that the pri- be able to come into a new workforce. I ask unanimous consent that their vate, nonprofit sector is eager to form Certainly, in my own community of letters be printed in the RECORD. these partnerships. Baltimore we see that. But they can There being no objection, the letters Why do we need this amendment? sometimes feel awkward at age 28, 38, were ordered to be printed in the First of all, in the President’s edu- or 48 walking into a school building. RECORD, as follows:

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AMERICAN ASSOCIATION OF Schools with a high number of low-income their communities. Perhaps the most fright- COMMUNITY COLLEGES, or minority students have less access to ening aspect of the numerous studies that Washington, DC, March 1, 2001. computers and the Internet than do affluent have been done about the digital divide is Hon. BARBARA MIKULSKI, schools. For example, in 1998, schools with that they all seem to agree that the dispari- U.S. Senate, Hart Senate Office Building, more than 71 percent of its students receiv- ties are growing. ing free or reduced-price lunches had only 39 Washington, DC. Community Technology Centers, as pro- DEAR SENATOR MIKULSKI: The American percent of the instructional rooms connected posed by the Mikulski amendment, are an Association of Community Colleges (AACC) to the internet. In comparison, schools with important step in addressing the current endorses your amendment to the ‘‘Better 11 to 30 percent of such students had Internet technological inequities. While each center Education for Students and Teachers Act,’’ connections in 53 percent of their instruc- is different, and tailored to the community to set the authorization of funding for Com- tional rooms. munity Technology Centers at $100 million. There are many programs designed to help it serves, the primary goal by definition is to AACC represents over 1,100 community col- schools to obtain computers, Internet access, make computers, the Internet and various leges across the country. and teacher training. Unfortunately, few are software packages available to children and This program has allowed community col- designed specifically to include community- adults who might otherwise be on the losing leges to become stronger partners with their based organizations (CBOs). Lacking commu- side of the digital divide. Community Tech- communities and has allowed them to help nity-controlled colleges and universities or a nology Centers typically offer both classes as provide access to computers, the Internet, system of Hispanic churches, CBOs are the well as opportunities for individuals to take and technology to maximize participation in lifeline of the Hispanic community. They are personal time to hone their technology the digital economy. Some of the commu- in a more advantageous position to assess skills. Classes vary from preschool and fam- nity college projects currently funded pro- the needs of Hispanic children and families, ily programs to after school activities, adult vided basic computer skills instruction, and have proven track records in providing education and courses in career development video conferencing links, after-school pro- successful services to community members. and job preparation. grams, welfare-to-work programs and edu- The CTCs program creates opportunities for Put simply, Community Technology Cen- cational counseling services. The programs CBOs to participate as partners in bringing ters provide individuals and communities offered at community colleges serve every- this technology to their communities and, with the resources to help themselves and to one from pre-school children to adults seek- therefore, should be supported. improve their chances at becoming educated, ing lifelong learning opportunities. NCLR believes that your amendment to productive Americans. I hope that you agree This is a valuable program because it helps authorize and sufficiently fund the CTCs can with me and the more than 600,000 card-car- communities to jointly address their chal- have a significant, positive impact on the rying members of the NAACP that Commu- lenges. The coalitions funded through these lives of many low-income Hispanic families. nity Technology Centers are a smart and programs secure non-federal matching con- That is why we strongly support your legis- much-needed investment in the future, and tributions and also work extensively with lation and encourage the entire Congress to that you will support the Mikulski amend- each other to develop programs to help over- do the same. ment. Should you have any questions, I hope come the digital divide. The federal funds Sincerely, you will not hesitate to contact me at the provided, which cannot exceed fifty percent RAUL YZAGUIRRE, NAACP Washington Bureau, at (202) 638–2269 of total project funds, provide critical seed President. or Kimberly Ross in Senator Mikulski’s of- money that will establish firm foundations fice at (202) 224–4654 about this important for project activities. Community tech- NAACP, amendment. Thank you in advance for your nology centers should be permanently au- Washington, DC, May 3, 2001. attention to this matter, and I look forward thorized and funded at levels to provide tech- MEMBERS, to continuing to work with you and this and nological opportunity to those who need it. U.S. Senate, The American Association of Community other matters that will benefit our nation as Washington, DC. a whole. colleges urges all Senators to support your DEAR SENATOR: On behalf of the National amendment to this critical legislation. We Sincerely, Association for the Advancement of Colored HILARY O. SHELTON, thank you for spearheading this initiative. People (NAACP), I am writing to inform you Sincerely, Director, of our strong support for the amendment NAACP Washington Bureau. GEORGE R. BOGGS, being offered by Senator Barbara Mikulski President and CEO. (D–MD to S.1, the reauthorization of the Ele- mentary and Secondary Education Act. Spe- AMERICAN LIBRARY ASSOCIATION, NATIONAL COUNCIL OF LA RAZA, cifically, the Mikulski amendment would au- Washington, DC, March 6, 2001. Washington, DC, May 3, 2000. thorize $100 million for fiscal year 2002 and Hon. BARBARA MIKULSKI, Senator BARBARA A. MIKULSKI, each of the following six years to create 1000 U.S. Senate, Hart Senate Office Building, new Community Technology Centers. These Washington, DC. Washington, DC. centers would provide disadvantaged resi- DEAR SENATOR MIKULSKI: On behalf of the DEAR SENATOR MIKULSKI: The National dents of economically distressed urban and Council of La Raza (NCLR) thanks you for American Library Association, I convey our rural communities with access to informa- your effort to bring the promise of computer support for your Community Technology technology to communities that currently tion technology and related training. Centers amendment to the Elementary and do not have equitable access to this impor- NAACP President and CEO Kweisi Mfume Secondary Education Act reauthorization. tant educational tool. In particular, we has personally met with Senator Mikulski to This amendment would enlarge the scope of would like to express our support for your discuss this issue, and has made enactment possibilities for these centers, increasing amendment to authorize the Computer Tech- of her legislation an NAACP legislative pri- their numbers and enabling libraries to con- nology Centers (CTC) program. ority. tinue to do their part in trying to bridge the The transition from an industrial economy Access to computer technology is one of, if ‘‘digital divide.’’ not the most single important keys to suc- to one based on information and technology In Maryland, the Wicomico County Free cess in the 21st century. A 1998 report by the presents numerous possibilities and chal- Library has begun a very successful outreach independent Benton Institute estimated that lenges. For Hispanics, the advent of the in- project to build bridges across the digital di- by the year 2000, 60% of all jobs in the United formation superhighway provides new edu- vide in that very rural county. The library States would require some computer skills. cational opportunities. However, it also may currently has four centers operating in a va- Too many Americans, either because of their further widen existing educational achieve- riety of community areas that are free, geographical location, or their lack of eco- ment gaps between Hispanics and non-His- staffed by volunteers and, with library super- nomic resources, or both, are being left out panics. vision, provide technology training and of the computer age. This ‘‘digital divide’’ Studies have shown that the use of com- other services to members of the commu- currently affects whole communities and, in puters at home helps improve academic nity. This outreach is beginning to make a the end, threatens the continued prosperity achievement. Yet, Hispanic students have real difference and your legislation could en- of our nation. The digital divide is resulting less access to a computer with Internet ac- large community efforts like this and allow in an increased concentration of poverty and cess at home as compared to White students. other libraries in rural parts of all states to a deconcentration of opportunity. In fact, White households are almost twice bring access to technology to their commu- as likely (46 percent) to own a computer than According to one recent study while 46% of nities. Hispanic (25 percent) households. white families have computers in their While there has been some success in infus- homes, only 23% of African Americans can Thank you for your efforts to enlarge the ing education technology in America’s make the same claim, and only 25% of His- abilities of libraries and other community schools, Hispanics continue to lag behind panic American homes are currently groups to serve the public by providing ac- their non-Hispanic peers in this area. Con- equipped with computers. If allowed to con- cess to technology tools, increased skills and trary to the national statistics, schools and tinue, this disparity will only increase dis- information, communities serving low-income and minor- advantages faced by low income Americans Sincerely, ity students, including Hispanics, are still and Americans of color as they try to enter NANCY C. KRANICH, very far behind their peers in gaining access. the work force and improve themselves and President.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4496 CONGRESSIONAL RECORD — SENATE May 8, 2001 COMPUTER AND COMMUNICATIONS suppose it polls well. I know President I believe that there are other things INDUSTRY ASSOCIATION, Clinton pushed class size reduction schools can do with this $2.4 billion Washington, DC, March 7, 2001. very hard during his administration. that and could produce more of an im- Senator BARBARA A. MIKULSKI, I took some time to look at the num- provement in education. We should Hart Senate Office Building, Washington, DC. bers and to see how this would work. I leave that decision to the schools and DEAR SENATOR MIKULSKI: On behalf of the visited a lot of schools in Alabama, not mandate a ‘‘Washington-Knows- Computer and Communications Industry As- talked to teachers and principals. I Best’’ fix. sociation (CCIA), I am pleased to offer our don’t hear them telling me their No. 1 I urge my colleagues to be cautious support for your legislation to provide Fed- goal is to reduce class size. about a commitment to requiring eral finding for Community Technology Cen- The serious question is, Is this a pub- schools to reduce class size, because we ters. This proposal would benefit not only lic policy that we ought to mandate on do not need to require our constituents those whom it would serve in economically the schools? We know we have reduced and our school systems to expend ex- distressed communities, but also the infor- class size significantly in the last dec- traordinary sums of money if we can’t mation technology industry. Your legislation recognizes the critical ade or so and have gone from an aver- be certain that it is going to receive a need for policymakers and industry to adage class size of 30 in 1961 to an average benefit commensurate with that cost. dress the growing ‘‘digital divide’’ in our class size of 23 in 1998. During the pe- I thank the Chair and yield the floor. country between those with ready access to riod of time that we reduced class size, The PRESIDING OFFICER. The Sen- computers and the Internet, and those for there was no improvement in standard- ator from Massachusetts is recognized. whom the promise of technology is beyond ized test scores. Mr. KENNEDY. Mr. President, I want their grasp. Our members believe that tech- We also know that schools in South to thank our colleagues for remaining nology can have a great leveling effect be- Korea and in Taiwan have class sizes on the floor tonight and presenting tween the wealthy and the disadvantaged by that are nearly twice ours and they their amendments. I think these are providing access to information and services amendments that strengthen the legis- that have previously been unavailable to have test scores better than ours. Another factor we must consider lation. many Americans. I might mention, first of all, Senator In addition, our industry faces a critical when talking about class size reduction FEINSTEIN’s amendment, which has shortage of workers to sustain the incredible is the cost. Schools would have to hire been accepted. I think it adds an addi- economic growth and innovation that we more teachers. I have supported money tional dimension to making sure the have experienced over recent years. Particu- for teachers today. But if we hire more mentoring system would work well be- larly by exposing disadvantaged children and teachers, are we really getting a bang young people to technology and teaching tween senior teachers and newer teach- for our buck? And if we do, where are them basic technological skills, we believe ers and will help all teachers be more they going to teach? They can’t teach that the Community Technology Centers effective in the classroom. The men- out under the shade tree. They have to would greatly influence these students to toring system has been enormously im- pursue the academic disciplines that will have a classroom. That classroom has portant, not only in enhancing edu- prepare them for high-tech careers. We rec- to be heated and cooled. It has to have cation for children, but also in terms of ognize that only by reaching out to all a roof over it. You have to have insur- Americans will we be able to fulfill our retaining teachers. In many instances, ance and upkeep and maintenance. the youngest, least experienced teach- shared goals as a country and promote our That costs money. general welfare. ers teach in the most challenging class- If you require schools to reduce their We commend you for introducing this ex- rooms, and 50% of those teachers leave class sizes by 25 percent, you have to cellent proposal and look forward to working teaching in the first five years. with you to achieve its enactment. have 25 percent more teachers. Not What we have also seen—and the sta- Sincerely, only that, you have to have 25 percent tistics demonstrate—that when teach- JASON M. MAHLER, more classrooms, 25 percent more ers have a mentor—pairing new teach- Vice President and equipment, 25 percent more insurance, General Counsel. ers with a more senior teacher—those 25 percent more maintenance. It is tre- younger teachers develop teaching Ms. MIKULSKI. I could elaborate on mendously expensive. skills. They become better teachers. this, but I know the Senator from Ala- All I am saying is, I reviewed an arti- They feel more confident about their bama is waiting to speak. I urge the cle in ‘‘Education Week’’ of September teaching, and their interest in staying adoption of my amendment. Perhaps 1999. It suggested that mandating class in teaching is enhanced, and the stu- after we hear from the distinguished size reduction is a bad idea. In fact, the dents are the beneficiaries. That is cer- chairman, who has really been a leader Education Department, as late as 1988 tainly something that we want to en- in new ways to teach and educate chil- said reducing class size would have lit- courage in this legislation, and I think dren, I will subsequently ask for the tle or no positive results and would, in the Feinstein amendment strengthens yeas and nays. effect, be a waste of money. In fact, it that particular proposal. Mr. JEFFORDS. I think the Senator would be a waste of a lot of money. I know when Senator CARNAHAN should ask for them now. The numbers I have seen do not indi- talked with us earlier about the Ms. MIKULSKI. I ask for the yeas cate that class size is a critical factor amendment on professional develop- and nays. in student education. In fact, as many ment and about year-round schools and The PRESIDING OFFICER. Is there a studies show, smaller class size seems providing teaching specialists in read- sufficient second? to correspond more with lower test ing in more schools, we saw—and I There appears to be. scores more than showing an increase. have referenced this earlier during the The yeas and nays were ordered. One reason is that a good teacher is discussion and debate—the value of im- Ms. MIKULSKI. I yield the floor. critical to learning. If you are bringing proved reading instruction in enhanc- The PRESIDING OFFICER. Under on more teachers, you are more likely ing academic achievement. Today in the previous order, the Senator from to bring on less qualified teachers than the Washington Post, we read about Alabama is recognized. you have had and you could actually the Prince Georges County Schools AMENDMENT NO. 378 show a decline in learning. where the young children are reading Mr. SESSIONS. Mr. President, I I won’t go on about that tonight. I for close to 90 minutes to 2 hours, and would like to take a minute or two to know there is a strong feeling that this then spending a concentrated period of raise some concerns I have about the is the right direction in which to go, additional time on math. There is no Murray amendment which would re- but I would be very reluctant—and I question that spending more time read- quire schools to use Title II funding to think the Senate should be reluctant— ing has had a very positive impact. reduce class size and would cost $2.4 to mandate at the Federal level State I have seen it in a number of other billion. school systems to undertake major situations myself, and I think the Mandating class size reduction is a class size reduction when we can’t say Carnahan amendment gives important matter that we have to be very careful with any certainty that it is worth options on how to use resources in about. It may sound good, and it may that expense, that it is going to get the terms of hiring specialists in reading, seem that reducing class size is the kind of bang for our buck that we want and enhancing professional develop- right thing to do in America. And I to get. ment.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4497 Then, there is also some allowable is the first urban center that had com- mainder as the State received of the funds use in terms of the year-round schools. plete Internet accessing and training of allocated to States under section 307(a)(2) of Experiments in year-round schools are teachers—it is very impressive. the Department of Education Appropriations being conducted in a number of dif- I must say the generosity of the Act, 1999. ferent communities. Again, this legis- high-tech community was incredibly ‘‘(b) DISTRIBUTION TO LOCAL EDUCATIONAL lation provides additional flexibility in impressive to me. They were enor- AGENCIES.— the use of funds, while adding more ac- mously responsive. So many of these ‘‘(1) IN GENERAL.—Each State that receives countability. I think Senator CARNA- companies are headed by young profes- funds under this section shall distribute 100 percent of such funds to local educational HAN has increased that kind of flexi- sionals and it was the first time they agencies in the State, of which— bility but still maintained the focus in had been asked to do something. They welcomed the opportunity to be in- ‘‘(A) 80 percent shall be allocated to such terms of professional development. I local educational agencies in proportion to volved in their communities. think that is a very worthwhile use. the number of children aged 5 to 17, who re- Then we challenged labor. In the city Finally, I am a strong supporter and side in the school district served by such cosponsor of the Mikulski amendment. of Boston, on a voluntary basis, we got local educational agency and are from fami- I have admired Senator MIKULSKI as 350 miles of cable laid by the IBEW in lies below the poverty line (as defined by the the leader in the Senate on the issue of Boston. Many of their children are Office of Management and Budget and re- the digital divide. I think all of us are going to these schools. It was an in- vised annually in accordance with section very mindful—it is one of the reasons credible sight to see so many different 673(2) of the Community Services Block that we are here—about the digital di- workers volunteering on Saturdays to Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the most re- vide in our country. Senator MIKULSKI, wire the schools. It was an incredible cent fiscal year for which satisfactory data from the beginning, has identified new coming together, and there was a great sense of pride in the achievement. are available compared to the number of technology as being as significant as such children who reside in the school dis- an education tool, in terms of the num- So, Mr. President, I think the Mikul- ski amendment will be an enormous tricts served by all local educational agen- bers of opportunities that it opens up, cies in the State for that fiscal year; and force in helping to make sure that the or the numbers of opportunities that ‘‘(B) 20 percent of such amount shall be al- are closed down if children are not ex- access to the Internet, the technology, located to such local educational agencies in posed to the Internet and to newer the curriculum, and the training of accordance with the relative enrollments of technologies. professional personnel will be effective. children aged 5 to 17, in public and private She has developed a very effective I know the Senator well; she will pur- nonprofit elementary and secondary schools concept of these technology centers, sue this to make sure no child is left within the boundaries of the school district which she has outlined. I visited the behind in the technology area. She is served by such agencies. ‘‘(2) SPECIAL RULE.—Notwithstanding para- Computer Clubhouse in Boston last serious about closing the digital divide. I thank our colleagues here today. graph (1), if the award to a local educational fall, which is one of the community agency under this section is less than the technology centers in Boston. I met We have made some important progress. We are strongly committed to starting salary for a new fully qualified high school students who had attended teacher in that agency who is certified or li- the center for 3 years. They told me starting early tomorrow and working censed in the State (which may include cer- that coming to the Clubhouse had late tomorrow night. We want to have tification or licensure through State or local changed their lives. Because they had a full opportunity to address education alternative routes), has a baccalaureate de- the positive experiences at the Center, issues, but we want to try to also move gree, and demonstrates the general knowl- they are planning to go to college and this process forward. I am very grateful edge, teaching skills, and subject matter knowledge required to teach in the teacher’s study math, science, or engineering. for the patience and courtesy of our colleagues today in helping us to move content areas, then that agency may use With the very small investment this funds provided under this section— amendment would provide, we could the legislation forward. I yield the floor. ‘‘(A) to help pay the salary of a full- or begin to put a technology center in Mr. JEFFORDS. Mr. President, I part-time teacher hired to reduce class size, every needy community in this coun- which may be in combination with other thank my colleague from Massachu- try. Federal, State, or local funds; or setts. We are working really well to- Information technology is changing ‘‘(B) to pay for activities described in sub- gether on both sides. I praise all our how we learn at an incredible rate. New section (c)(2)(C) which may be related to Members. We are beginning to make resources are added to the Internet teaching in smaller classes. real progress on this bill and, hope- every day. Web pages are as common as ‘‘(c) USES.— fully, we will have it finished well fax machines and cell phones. We can- ‘‘(1) MANDATORY.—The basic purpose and within the time allotted to us. not wait for needy individuals to find intent of this section is to reduce class size their own way to get access to modern AMENDMENT NO. 388, AS MODIFIED with fully qualified teachers. Each local edu- resources. We have a responsibility to Mr. JEFFORDS. Mr. President, I ask cational agency that receives funds under this section shall use such funds to carry out get the necessary tools to the high pov- unanimous consent that Senator SPEC- TER’s second-degree amendment be effective approaches to reducing class size erty urban and rural communities, and with fully qualified teachers who are cer- community technology centers are one modified with the changes that are at the desk, and I state that this is just a tified or licensed to teach within the State, way to fulfill that responsibility. So I including teachers certified or licensed urge my colleagues to support the drafting change and makes no sub- through State or local alternative routes, amendment. stantive changes in the language. and who demonstrate competency in the Finally, Massachusetts was, just sev- The PRESIDING OFFICER. Without areas in which the teachers teach, to im- eral years ago, 48th out of 50 in terms objection, it is so ordered. prove educational achievement for both reg- The amendment (No. 388), as modi- of the Internet accessibility. It was ular and special needs children with par- fied, reads as follows: ticular consideration given to reducing class really extraordinary, Mr. President. We size in the early elementary grades for which have responded to the concept of a fel- Strike all after the 1st word and insert the following: some research has shown class size reduction low named John Gage from Sun Sys- . CLASS SIZE REDUCTION. is the most effective. tems in California, who developed this ‘‘(a) ALLOTMENT.—Notwithstanding any ‘‘(2) PERMISSIVE.—Each such local edu- idea of ‘‘Net Days’’—that is, to chal- other provision of this law, from $1,625,000,000 cational agency may use funds provided lenge the new industries to donate of the amounts made available to carry out under this section for— computers to schools and challenge part A of title II (other than subpart 5 of ‘‘(A) recruiting (including through the use labor to put wire down in these areas such part A) for each fiscal year the Sec- of signing bonuses or other financial incen- and in schools. retary— tives), hiring, and training fully qualified We did a number of these in my State ‘‘(1) shall make available a total of regular and special education teachers (which may include hiring special education on four different Net Days. On Net Day, $6,000,000 to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and teachers to team-teach with regular teachers we would announce the progress made the outlying areas for activities under this in classrooms that contain both children in the last 6 months. We went from section; and with disabilities and nondisabled children) 48th to the top 20 percent of states with ‘‘(2) shall allot the remainder by providing and teachers of special needs children, who Internet access in the country. Boston to each State the same percentage of that re- are certified or licensed to teach within the

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4498 CONGRESSIONAL RECORD — SENATE May 8, 2001 State (including teachers certified or li- ‘‘(2) the agency’s proposed educational pro- emotional withdrawal, and other ad- censed through State or local alternative gram under this section that is part of its verse effects. Sometimes he will be eat- routes), have a baccalaureate degree, and local strategy for improving educational ing supper and he will ask his father, demonstrate the general knowledge required achievement for all students. ‘‘Where is my mother?’’ to teach in their content areas; VOTE EXPLANATION ‘‘(B) testing new teachers for academic It is often said that we fear what we content, and to meet State certification or Mr. WELLSTONE. Mr. President, I do not know. For 87 days, Gao Zhan’s licensure requirements that are consistent was necessarily absent during the vote family and friends have known pre- with title II of the Higher Education Act of on the Warner amendment regarding cious little about her situation, and 1965; and tax relief for teachers. The amendment they are afraid. They don’t know her ‘‘(C) providing professional development was No. 383 to S. 1, the elementary and location. They do not know her phys- (which may include such activities as pro- secondary education bill. I would like ical condition. They do not know the moting retention and mentoring) to teach- the RECORD to show that if present I ers, including special education teachers and basis for the charges against her. No teachers of special needs children, in order to would have voted aye. one has been permitted to see her—not meet the goal of ensuring that all instruc- f our consular officials, who have lodged tional staff have the subject matter knowl- MORNING BUSINESS more than a dozen official protests edge, teaching knowledge, and teaching with the Chinese, not the lawyers in skills necessary to teach effectively in the Mr. JEFFORDS. Mr. President, I ask Beijing or New York, who are author- content area or areas in which the teachers unanimous consent that there now be a ized to practice law in China, whom her provide instruction, consistent with title II period for morning business, with Sen- husband hired. This denial is even a of the Higher Education Act of 1965. ators permitted to speak for up to 10 ‘‘(d) SPECIAL RULE.—Notwithstanding sub- violation of Chinese law. They have not section (c)(1), a local educational agency minutes each. even allowed international humani- that has designed an educational program The PRESIDING OFFICER. Without tarian organizations, such as the Red that is part of a local strategy for improving objection, it is so ordered. Cross, to see Gao Zhan. the educational achievement of all students, f On April 5, I introduced legislation, or that already has reduced class size in the S. 702, which would grant Gao Zhan her early grades to 18 or less (or already has re- GAO ZHAN’S BIRTHDAY desire to become a U.S. citizen. Her duced class size to a State or local class size Mr. ALLEN. Mr. President, I rise to reduction goal that was in effect on the day son, as I mentioned previously, is also before the date of enactment of the Depart- note what should be a happy occasion a U.S. citizen. Her husband recently ment of Education Appropriations Act, 2000, but is instead a somber, worrisome, completed his oath in the naturaliza- if that State or local educational agency troubling and disconcerting situation. tion process—he took the oath 2 goal is 20 or fewer children), may use funds Today is the 39th birthday of Gao months ago—and is a U.S. citizen. provided under this section— Zhan, a woman of Chinese descent who Gao Zhan has met all of the require- ‘‘(1) to make further class size reductions on her 38th birthday lived in Northern ments necessary to become a citizen, in kindergarten through grade 3; Virginia with her husband Dong Hua ‘‘(2) to reduce class size in other grades; except for one—raising her hand and ‘‘(3) to carry out activities to improve Xue and her 5-year-old son Andrew. taking the oath of allegiance to the teacher quality, including professional devel- Far from spending this 39th birthday United States. She has established resi- opment; and in the day in the warm embrace of her dency for at least 5 years prior to her ‘‘(4) to carry out other activities author- loving family, maybe opening a present application. In fact, she has lived in ized under title V. that her son Andrew made for her, or the United States since 1989. She ‘‘(e) REPORTS.— blowing out candles, she is somewhere passed the INS test on U.S. history, ‘‘(1) REPORT TO SECRETARY.—Each State re- else—enduring her 87th day of deten- ceiving funds under this section shall report government, and language. And she to the Secretary regarding activities in the tion by the officials of the People’s Re- passed the FBI background investiga- State that are assisted under this section, public of China, some 7,000 miles away tion. consistent with sections 5322 (1) and (2). from home in an unknown location and Gao Zhan has clearly demonstrated ‘‘(2) REPORT TO THE PUBLIC.—Each State in unknown condition, with no contact her intent and desire to become a U.S. and local educational agency receiving funds whatsoever with her husband and her citizen. S. 702 would help effectuate her under this section shall publicly report to son. desire in her absence. At the same parents on its progress in reducing class size, Gao Zhan, who has permanent resi- increasing the percentage of classes in core time, I believe taking this unprece- academic areas that are taught by fully dent status in the United States, is a dented action might help afford her the qualified teachers who are certified or li- scholar at American University study- full range of protections that are ac- censed by the State and demonstrate coming women’s and family issues, espe- corded to U.S. citizens all around the petency in the content areas in which the cially as they relate to China and Tai- world. teachers teach (as determined by the State), wan. She was held for 43 days before The Immigration and Naturalization on the impact that hiring additional highly she was even charged with a crime. At Service has notified the Senate that qualified teachers and reducing class size has that time, the Chinese officials alleged had, if any, on increasing student achieve- Gao Zhan meets the requirements for ment (as determined by the State) or student that she was a spy for a foreign govern- naturalization, including good moral performance (as determined by the State) ment but presented no evidence, aside character. I therefore urge my col- and on the impact that the locally defined from asserting that she had supposedly leagues, both on the Judiciary Com- program has had, if any, on increasing stu- confessed. mittee and in the full Senate, to move dent achievement (as determined by the Also very troubling was the fact that this bill to make Gao Zhan a citizen as State) or student performance (as deter- when she and her husband and son were quickly as possible. While this legisla- mined by the State). attempting to leave Beijing after tion may not guarantee that China will ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Each such agency shall use funds under this sec- spending the Chinese New Year with begin respecting human rights of its tion only to supplement, and not supplant, her family, her husband and 5-year-old own citizens and visitors, it might help State and local funds that, in the absence of son were also detained and held sepa- reunite a wife and mother with her such funds, would otherwise be spent for ac- rately from her for 26 days before being husband and child. tivities under this section. released. In fact, the 5-year-old son was Gao Zhan’s detention is part of a ‘‘(g) ADMINISTRATIVE EXPENSES.—A local held separately. larger and disturbing pattern of ar- educational agency that receives funds under this section may use not more than 3 percent Indeed, the coerced separation of rests, of which Senator JEFFORDS is of such funds for local administrative ex- young Andrew, who is a U.S. citizen by well aware, in China and the pattern of penses. birth, violated consular agreements arrests of United States-based aca- ‘‘(h) REQUEST FOR FUNDS.—Each local edu- with China. But according to Andrew’s demics and residents that predates the cational agency that desires to receive funds father, this detention has also trauma- incident involving detention of our 24 under this section shall include in the appli- tized this youngster psychologically. Navy crew members. Over the past sev- cation submitted under section 5333 a description of— This once outgoing, talkative little boy eral months, we have become aware of ‘‘(1) the agency’s program to reduce class has turned inward. He literally clings the detention of two American citizens size by hiring additional highly qualified to his father’s leg almost constantly, of Chinese descent and three Chinese- teachers; and and he continues to suffer nightmares, born holders of American green cards,

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4499 including Gao Zhan and another schol- RECOGNITION OF LIEUTENANT On September 28, 2000, just as chil- ar who is a resident of Hong Kong. COLONEL STEVE PENN dren were leaving Our Lady of Mercy I have been made aware that one of Mr. LOTT. Mr. President, I would School for the day, a car hit another these permanent U.S. residents, Liu like to recognize Lieutenant Colonel car, veered out of control and plowed Yaping, a businessman whom the Chi- Steve Penn for his meritorious service into the school parking lot. Safety nese have accused of fraud and tax eva- to the U.S. Senate both as a Legisla- patroller Dustin Ramirez helped main- sion, is reportedly suffering from an tive Fellow and as the Deputy Director tain control until rescue and police of- aneurysm and his life could be in seri- of the Marine Corps Liaison Office ficials arrived. His quick thinking and ous jeopardy. In addition, Gao Zhan from July 19, 1996 to April 24, 2001. courage helped prevent any students also suffers from a chronic heart condi- Lieutenant Colonel Penn’s uncompro- from being hurt. tion, and her family is understandably mising professionalism and inter- This year’s second AAA Lifesaving concerned about her health. personal skills provided an immense Medal honoree comes from Brooklyn contribution to the mission of commu- Center, MN. A number of my colleagues and I On January 4, 2001, safety patroller have already petitioned the Chinese nicating the Commandant’s message in the United States Senate. As a fellow, Stefani Egnell was preventing students Embassy for Gao Zhan’s release on hu- at Willow Lane Elementary School manitarian grounds, to no avail. At the he expertly advised Senator ROBERTS and his staff on matters of national se- from crossing the street until she could very least, Gao Zhan and others being determine if a speeding car was going held in China deserve humane treat- curity. In the Senate Liaison Office, he led scores of congressional and staff to stop. Stefani prevented one 8-year- ment, contact with our consular offi- delegations on fact-finding trips to all old girl from stepping in front of the cials, their families, and legal rep- corners of the globe with unparalleled car. She also pulled a boy who hadn’t resentation. ease. Additionally, he routinely pre- heard her warning back out of harm’s This sort of treatment of U.S. citi- pared and delivered briefs to Senators way. zens and residents over the course of often involving very complex military The third AAA Lifesaving Medal win- the past several months is clearly not and Marine Corps issues, always with ner comes from Manassas, VA. the way to mend the frayed and unset- diplomacy and candor. Lieutenant In March 2000, quick action by safety tling relations between China and the Colonel Penn consistently maintained patroller Jonathan Waldron stopped a United States. uncompromising standards for dedica- third grade student from being hit by a I call on our administration to con- tion and accuracy in his work. His per- bus that had begun pulling away from tinue doing everything in its power to sonal pride and loyalty to the Marine the curb. Since the youngster was in seek Gao Zhan’s return. I ask my col- Corps guided his work and deeds, and the blind spot of the bus, the driver did leagues to support this legislation resulted in superior results. His unself- not see him. Jonathan pulled him out granting her citizenship, and I call on ish devotion to duty, exceptional per- of the path of the bus and prevented the Chinese Government to release Gao formance, and outstanding profes- what could have been a tragedy. Zhan and return her to her family. sionalism have served the Members of In addition to honoring safety patrollers with the Lifesaving Medal Award, Knowing that the Chinese authorities Congress and the professional staff AAA also recognizes the School Safety do not allow any communications— well, and provided a priceless contribu- Patroller of the year. This award is even an e-mail, not even allowing a tion to the Marine Corps. My col- presented to patrollers who have per- birthday card—wouldn’t it be nice to leagues join me in wishing Lieutenant formed their duties above and beyond just get a birthday card signed by her Colonel Penn all the very best in his their normal responsibilities and dem- 5-year-old son and her husband, to next assignment as a member of the In- onstrate outstanding leadership, de- know that they are OK. Knowing that spector and Instructor Staff, 2nd Bat- pendability, and academic strength. is not going to be allowed, on behalf of talion, 23rd Marines in Encino, Cali- fornia. Courtney Graf Bernet has been the freedom-loving people of this coun- named School Safety Patroller of the try and all around the world, I still ex- f Year by AAA Mid-Atlantic. Courtney is press our happy birthday wishes and HONORING THE AAA SCHOOL a sixth-grader at Lee’s Corner Elemen- hope our thoughts and prayers and ac- SAFETY PATROL LIFESAVING tary School in Fairfax, VA. In Novem- tions will result in Gao Zhan spending MEDAL AWARD WINNERS ber, 2000, Courtney was on patrol duty her 40th birthday back home with her Mr. DASCHLE. Mr. President, I am when a fellow student alerted her that friends and family, and especially her proud to announce to the Senate today he was having a seizure. Courtney in- 5-year-old son who needs his mother. the names of the young men and stinctively knew what to do to make I thank the Chair and yield the floor. women who have been selected to re- the student safe and comfortable. She Mr. JEFFORDS. Mr. President, I ceive special awards from the Amer- helped him sit down on a soft, grassy thank the Senator from Virginia for ican Automobile Association. Three area, took off his backpack so he raising this issue. The person he is re- safety patrollers will receive the 2000 wouldn’t hurt himself, and sent his sis- ferring to is the mother of a 5-year-old. AAA School Safety Patrol Lifesaving ter for help. After the crisis was over, I also have taken as a cause Ngawang Medal Award. This award is the highest she also made sure the other students Choephel, who is a young man from honor given to members of the school at the stop safely got on their bus. Tibet who attended college and then safety patrol. Courtney’s friends and teachers de- went back to Tibet to work on trying There are roughly 500,000 members of scribe her as courageous and respon- to make a history of the language and the school safety patrol in this coun- sible. She excels at using computers, the culture there and was arrested and, try, helping in over 50,000 schools. and when she is faced with a challenge, without any trial at all, imprisoned Every day, these young people ensure she perseveres until she succeeds. She and still is in prison. that their peers arrive safely at school and all of the other AAA winners de- I finally had to go to the Chinese just in the morning, and back home in the serve our thanks and applause. On behalf of the Senate, I extend con- to get the mother to see her son, which afternoon. gratulations and thanks to these young she was guaranteed to do under Chi- Most of the time, they accomplish women and men who are visiting the nese law. We finally did succeed in get- their jobs uneventfully. But, on occa- Capitol today. They are an asset to ting the two together, but he remains sion, these volunteers must make split- their communities, and their families incarcerated in Tibet. second decisions, placing themselves in harm’s way to save the lives of others. and neighbors should be very proud of These are just a few, I am sure, of The heroic actions of this year’s recipi- their courage and dedication. many such incidents. We should always ents exemplify this selflessness, and I would also like to recognize the keep these in mind when we decide richly deserve recognition. American Automobile Association for what kind of relationship we are going The first AAA Lifesaving Medal re- providing the supplies and training to have with China. cipient comes from South San Fran- necessary to keep the safety patrol on Mr. President, I yield the floor. cisco, CA. duty nationwide.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4500 CONGRESSIONAL RECORD — SENATE May 8, 2001 Since the 1920’s, AAA clubs across former colleague, Senator John Glenn, At first, Mr. Koenig expressed reluctance the country have been sponsoring stu- adn the remarks of the founder and about joining our board, but I assured him dent safety patrols to guide and pro- president of NCI, Paul Leventhal, at that NCI would have to solve the plutonium NCI’s 20th anniversary conference on problem in five years, or he and I probably tect younger classmates against traffic wouldn’t survive to talk about it anyway. I accidents. Easily recognizable by their April 9, 2001, be printed in the RECORD. was wrong on both counts. We haven’t solved fluorescent orange safety belt and There being no objection, the mate- the problem. We are still around to talk shoulder strap, safety patrol members rial was ordered to be printed in the about it. To paraphrase Faulkner, NCI has represent the very best of their schools RECORD, as follows: endured, if not prevailed. We are all still and communities. Experts credit school THE JOHN GLENN INSTITUTE, here to talk about the role of nuclear power, safety patrol programs with helping to PUBLIC SERVICE & PUBLIC POLICY, plutonium and other associated proliferation lower the number of traffic accidents Columbus, Ohio, April 9, 2001. risks—that is the purpose of our meeting Mr. PAUL LEVENTHAL, today. and fatalities involving young children. Those of you familiar with NCI’s work We owe AAA our gratitude for their c/o Mr. Len Bickwit, Miller & Chevalier, Chartered, probably detect something different about tireless efforts to ensure that our Na- Washington, DC. today’s program. When we planned this con- tion’s children arrive to and from DEAR PAUL: I want to extend to you per- ference—and here I wish to acknowledge the school safe and sound. sonally my most sincere congratulations on contribution of Marvin Miller of MIT, a long- And we owe our thanks to these ex- the occasion of the twentieth anniversary of time technical adviser and all-around ceptional young men and women for the Nuclear Control Institute. Your con- shmoozer for NCI—we discussed whether we tribution to the debate on nuclear prolifera- should look at nuclear power in a broader their selfless actions. The discipline context: Do we need nuclear power? How es- and courage they displayed deserves tion has been invaluable over the years and undoubtedly has helped make the world a sential is it? This is a policy area that Nu- the praise and recognition of their safer one in which to live. I will always ap- clear Control Institute has not ventured into schools, their communities and the Na- preciate your & Senator Ribicoff’s role in before. Although some in industry and bu- tion. initially involving me in the nonprolifera- reaucracy conclude that our opposition to civilian use of plutonium and the other nu- f tion issue during my early days in the Sen- ate. While we have not always agreed on the clear weapons material, highly enriched ura- LOCAL LAW ENFORCEMENT ACT specific measures to be taken in support of nium (HEU), means that we are opposed to OF 2001 nonproliferation, we have always shared the nuclear power, we are in fact not an anti-nuclear organization. We have maintained a Mr. SMITH of Oregon. Mr. President, objective that the control of nuclear weaponry must rank high on the list of the na- policy of neutrality on nuclear power and I rise today to speak about hate crimes tion’s public policy priorities. Your tireless steer clear of efforts to shut the industry legislation I introduced with Senator work in support of that objective well de- down. We are anti-plutonium and anti-HEU, KENNEDY last month. The Local law serves the commemoration it is receiving not anti-nuclear. Enforcement Act of 2001 would add new today. Our purpose today in examining the need categories to current hate crimes legis- Best regards, for nuclear power, and the possible alter- lation sending a signal that violence of Sincerely, natives to it, is the current push by industry JOHN GLENN. and apparently by the Bush Administration any kind is unacceptable in our soci- to revive nuclear power and to expand it in ety. NUCLEAR POWER AND THE SPREAD OF NUCLEAR response to growing concerns about elec- Today, I would like to detail a hei- WEAPONS: CAN WE HAVE ONE WITHOUT THE tricity-supply shortages and global warming. nous crime that occurred August 8, 2000 OTHER? To underscore this point, today’s Wash- in Providence, Rhode Island. Two Good morning, I am Paul Leventhal, presi- ington Post quotes Vice President Cheney as young men said they were severely dent of the Nuclear Control Institute, and I saying, ‘‘We need to build 65 new power plants for the next 20 years, and my own beaten and kicked by two strangers. want to welcome you to NCI’s 20th anniversary conference, ‘‘Nuclear Power and the view is that some of those ought to be nu- The two victims were walking down a clear, and that’s the environmentally sound street when a car slowed and passed Spread of Nuclear Weapons—Can We Have One Without the Other?’’ way to go.’’ them. Minutes later the car drove by NCI got started 20 years ago on a spring We strongly believe that such an initiative again, and the occupants began shout- day like today when I landed a $7,500 con- should not go forward without first exam- ing vulgarities, anti-gay slurs and said, tribution from an anonymous member of the ining whether there is an irreducible pro- ‘‘We’re going to kill you.’’ The victims Rockefeller family. Wade Greene, the Rocke- liferation risk associated with nuclear feller program officer who has been so help- power, and whether this risk is serious yelled back; the perpetrators allegedly enough to change current commitments to got out of the car, shouted more anti- ful to a number of non-profit organizations represented here today, called it a ‘‘stimula- nuclear power. gay slurs and vulgarities, threw a beer If the nuclear industry refuses to end its tive grant’’ to encourage giving by other love affair with plutonium, especially now can at them and then proceeded to beat foundations. But I had just lost my job on that it is widely acknowledged that pluto- and punch the victims in the head and Capitol Hill, when the majority of the Sen- nium is not an essential fuel because of the body until one of them almost lost con- ate switched to the party other than the one abundance of cheap, non-weapons usable ura- my boss and subcommittee chairman, Gary sciousness. The perpetrators eventu- nium, then the world may well be better off ally got in their car and fled, and wit- Hart, belonged to. So, I wasted no time and without nuclear power. In that case, we nesses called for help. applied the Rockefeller check to renting a should look to alternative sources of energy I believe that Government’s first desk in the corridor of a small law firm lo- and to energy conservation and efficiency duty is to defend its citizens, to defend cated in a town house a block away from measures. Even if industry gives up pluto- here, on N Street. With the desk came a posh them against the harms that come out nium, there are still severe proliferation conference room, suitable for holding meet- dangers associated with the prospect of of hate. The Local Law Enforcement ings with other NGOs with an interest in plu- Enhancement Act of 2001 is now a sym- cheap, efficient enrichment technology and tonium and proliferation, and NCI was born. with potentially limitless sources of ura- bol that can become substance. I be- In those days, NCI stood for The Nuclear nium. lieve that by passing this legislation, Club Inc. The name was too clever by 5/8ths. So, we will be examining two sets of ques- we can change hearts and minds as But we used it anyway in a full-page New tions today: well. York Times ad, on Sunday, June 21, 1981, to Are there viable alternatives to nuclear launch our fledgling organization. The ad, power? f which you will find in your folders, posed the Are the proliferation risks associated with THE 20TH ANNIVERSARY OF THE question, ‘‘Will Tomorrow’s Terrorist Have nuclear power so great as to make these al- NUCLEAR CONTROL INSTITUTE an Atom Bomb?’’—a question, unfortunately, ternative approaches imperative? still highly relevant today, as is the answer. We have called on a world-class set of ex- Mr. LEVIN. Mr. President, the Nu- NCI’s name has changed, but our mission—to perts to address these questions, and we also clear Control Institute, NCI, this year prevent the further spread of nuclear weap- have an expert audience representing a full celebrates its 20th anniversary. For 20 ons to nations, or to groups—remains the range of views that should keep the speakers years the NCI has worked to prevent same. on their toes. NCI has always sought to be the further spread of nuclear weapons The ad’s creator was Julian Koenig, an inclusive and to invite opposing viewpoints original member and still a member of our to be represented at its conferences. This ap- to nations or to groups. In honor of Board. He is a Madison Avenue legend, now proach sometimes generates heat, but also their achievements and contributions, retired, whose credits included Volkswagen’s light. We ask the speakers to keep to their I ask unanimous consent that a letter original ‘‘Think Small’’ campaign and the time limits and the questioners to be suc- of congratulations to NCI by our naming of ‘‘Earth Day.’’ cinct and to the point. We have a number of

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4501 issues to cover in one day and can only do so nium exported by the United States have The consequence of all this is that the Jap- if concision is king. gone down dramatically—the result of the anese plutonium program is mired in con- I want to highlight some of NCI’s concerns RERTR (Reduced Enrichment for Research troversy, both domestically and internation- about the proliferation and security risks of and Test Reactors) program, run by the U.S. ally. In NCI’s view, it should be regarded as nuclear power and about the way these risks Argonne National Laboratory, with rel- a special case and of special concern. If are now being addressed. I hope these points atively strong support by the Executive Japan should eventually decide against fur- help to inform and to stimulate the discus- Branch. In this case, there is a law in effect ther use of plutonium fuel and the European sions that follow. (the Schumer Amendment) which applies a plutonium industry collapsed as a result, it It is important to recognize the central sanctions approach and bars exports of HEU might then be possible to build an inter- role of fissile materials as the driving force except to research reactors whose operators national consensus to eliminate commerce behind proliferation. Granted, any decision have agreed to convert to high-density, low- in plutonium as well as bomb-grade uranium. to go nuclear is a political one, but the capa- enriched uranium that cannot be used in We think Japan and the other big pluto- bility to execute that decision is technical. bombs. The result: HEU exports by the nium-producing and—consuming countries It is impossible to build nuclear weapons United States are now virtually nil, limited do count because they set an example and a without plutonium or HEU. Thus, it should to relatively small amounts to support con- standard for the rest of the world. I will re- be straightforward that the nuclear power tinued operation of reactors while they are turn to this subject this afternoon during the industry imposes a menace on the world if in the process of conversion. non-proliferation panel. its insists on utilizing these explosive nu- Plutonium is a different story, however, I also want to highlight NCI’s concerns clear fuels when it is possible to run nuclear Provisions in the Nuclear Non-Proliferation about the possibility of reactors as radio- power and research reactors without them. Act 1978, which were intended to restrict logical weapons—that is, the risk of sabotage As will be discussed by the luncheon speak- commerce in plutonium derived from U.S.- of nuclear power plants. This is not just a ers and the afternoon non-proliferation supplied nuclear fuel, have been cir- Russian problem. It is an American problem, panel, nuclear power programs have provided cumvented by the Executive Branch. as well. Half the nuclear power plants in the cover for actual or attempted weapons-mak- It is important to note the pivotal role of United States have failed to repel mock ating in a number of countries. In each case, Japan in all of this. Those of you familiar tacks—so-called force-on-force exercises su- closing the fuel cycle to extract plutonium with the activities of NCI know that we pervised by the Nuclear Regulatory Commis- enriching uranium to weapons grade, or im- focus attention on the Japanese plutonium sion. The NRC refuses to take enforcement porting weapons-grade uranium to run re- program. We are sometimes criticized for action in response to the failures, and is in search reactors were the quintessential ele- doing so. Questions have been raised as to the process of weakening the rules of the ments of those programs. why we are so concerned about plutonium in game in response to industry complaints. Seeking to restrict and eliminate use of Japan, given Japan’s adherence to the Nu- The agency even refuses to officially ac- these fuels was the objective of the Congres- clear Non-Proliferation Treaty and to IAEA knowledge the pass-fail nature of the exer- sional non-proliferation initiatives of the safeguards. 1970s and of the Ford and Carter administra- The answer is that Japan strongly resisted cises when the mock attackers reach and tions. But these initiatives ran into political U.S. efforts to avoid commercial use of plu- ‘‘destory’’ a complete set of redundant core trouble because of the fierce opposition of tonium and is now the lynchpin for world cooling systems. Perhaps the NRC is right. our European and Japanese allies, who re- plutonium commerce. Japan is the most im- It’s not pass-fail. It’s pass-melt. NCI’s Scientific Director, Edwin Lyman, fused to follow the U.S. example. Today, the portant customer today of the European re- will have more to say on this subject at this plutonium and breeder programs in these processing and MOX industries. Without countries are in desperate financial straits, Japan, these industries might well be forced afternoon’s technical fixes panel. There is a curious historical context to and this situation presents the United States to shut down. an opportunity to reopen these issues and to The Japanese plutonium program is losing this issue. It goes back to 1913, when H.G. seek cooperative approaches for disposal of domestic public acceptance as a consequence Wells wrote a book entitled The World Set excess fissile materials without introducing of a succession of nuclear accidents in Japan, Free. In 1933, the Hungarian physicist, Leo them as fuels. as well as a scandal that developed when Szilard, was thinking about this book, which Even the pro-plutonium British Nuclear BNFL workers deliberately falsified quality- he had read the year before, at the historic Industrial Forum, in a recent analysis of control data for plutonium-uranium, mixed moment when, as he crossed Southhampton prospects for the industry, made this state- oxide (MOX) fuel that was shipped to Japan Row in the Bloomsbury section of London, ment: ‘‘Proliferation is a major issue in the for use in light-water reactors. Outside he figured out the nuclear chain reaction. nuclear fuel cycle. Nuclear Power may be- Japan, there is a considerable suspicion in Wells, in this book, depicted a future nuclear come more acceptable to the public if reproc- the East Asian region as to why Japan wants war that began after atomic energy had been essing is shut down.’’ Clearly, the plutonium to accumulate so much weapons-usable plu- harnessed for peaceful purposes. But it was program in Britain, as in Germany and tonium when there is a clear alternative in warfare that involved not exploding atomic Japan, is encountering great difficulties. I the form of low-enriched uranium fuel. NCI bombs, but machines that spewed forth radi- have been privileged to be the only American has pointed out in a detailed economic anal- ological poisons—the equivalent of a modern invited to participate in a stakeholders’ dia- ysis that Japan could ensure its energy secu- reactor meltdown. logue with British Nuclear Fuels Ltd., the rity by building a strategic reserve of non- My concern is that sobotage of nuclear government-owned fuel cycle company, on weapons-usable uranium at a fraction of the power plants may be the greatest domestic its plutonium program. As a result of this cost of its plutonium and breeder programs. vulnerability in the United States today. dialogue, BNFL has now agreed to undertake NCI regards Japan as a special case, too, Many plants are not protected adequately, a formal assessment of immobilizing Brit- because, of all the civil plutonium-con- industry operators seem not prepared to pay ain’s 60-plus ton stockpile of civilian pluto- suming countries, Japan refuses to acknowl- the cost of doing so, and the NRC seems ill- nium as an alternative to fabricating it into edge the weapons utility of reactor-grade disposed to require them to do so. It is not MOX fuel. plutonium despite many briefings on the even certain that security of nuclear power However, despite this and other opportuni- subject by the U.S. Government. NCI com- plants against attack and sabotage can be ties for the United States to revisit the plu- missioned the late Carson Mark, former head assured by conventional, private means. This tonium component of U.S. non-proliferation of weapons design at Los Alamos National is a subject worth taking a hard look at. policy, ‘‘transparency’’ and ‘‘gradualism’’ Laboratory, to do an analysis of the weapons It also raises the larger question of the still dominate U.S. policy today. But achiev- utility of reactor grade plutonium. This adequacy of nuclear regulation today. It is ing transparency of the world’s plutonium study eventually convinced the IAEA that essential to maintain strong, independent stockpiles is no substitute for getting rid of reactor-grade plutonium was suitable for073 nuclear regulation free of undue industry in- them, while gradualism can be an excuse for weapons, but unfortunately the Japanese fluence. When I got into this business as a not doing anything effective. The rapid government and industry continue to refuse U.S. Senate staffer more than 25 years ago, growth of stocks of plutonium serves to il- to do so. my first responsibility was to handle the En- lustrate this point. The growth has not been The Japanese plutonium program has also ergy Reorganization Act of 1974. This act as rapid as we projected in 1983 when NCI prompted strong protests from many states ‘‘fissioned’’ the Atomic Energy Commission commissioned David Albright to do his first that are alarmed by the regular transports of into separate regulatory and promotional study of this project. At that time, we pro- MOX fuel and highly radioactive reprocess- agencies, and thus transformed a weak regu- jected 600 tons of separated civilian pluto- ing waste that now pass close to their coast- latory division of the AEC into a strong, nium by the year 2000. Today, because of lines, en route from Europe to Japan. Japan independent NRC. As I observe the NRC large-scale cancellations of new nuclear has not been responsive to the safety and se- today, I am concerned that it is looking power and fuel-cycle plant orders, and of the curity concerns about these shipments that more and more like the old AEC regulatory demise of the breeder reactor, the actual have been raised by the en-route states, or to division, subject to undue influence by indus- amount of separated, civilian plutonium is their demands for environmental impact as- try and particularly by industry’s powerful about 200 tons—still an awesome figure that sessments, advance consultation on emer- friends on Capitol Hill. This is also a matter approximates the amount of military pluto- gency planning, and guarantees of salvage of deserving of close scrutiny. nium in the world. lost cargoes and indemnification against cat- When I started out, I was very much influ- But, by way of contrast, it should be noted astrophic consequences of accidents or at- enced by the thinking of two leading nuclear that stocks of civilian highly enriched ura- tacks. contrarians. One was David Lilienthal, who

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4502 CONGRESSIONAL RECORD — SENATE May 8, 2001 had served as both the first head of the Ten- ‘‘as a public expression of our love and Our mothers should not have to fear nessee Valley Authority and the first chair- reverence for the mothers of our coun- sending their children to school. We man of the Atomic Energy Commission. His try.’’ must pass sensible gun laws—for our Congressional testimony in 1976 in opposi- This year, as we celebrate Mother’s nation, for our children, for our moth- tion to U.S. nuclear exports and in support of Day, we are reminded of the changing ers. non-proliferation legislation caused a furor among his former colleagues. He once said to role of mothers in our society. Today, This year, for Mother’s Day, let us me, ‘‘If we assume nuclear proliferation to be mothers are not only homemakers and also assure mothers that their children inevitable, of course it will be.’’ That made a volunteers. They are lawyers and doc- are receiving a quality education. Too lot of sense to me then, and still does today. tors, teachers and nurses, Senators and many school children face challenges Ted Taylor, America’s most creative fis- CEOs. In fact, half of American women that inhibit their ability to learn. Stu- sion bomb designer and a member of NCI’s with children under the age of eighteen dent-to-teacher ratios are too large, Board, also made a concise and compelling now work full time, outside the home. teachers are not properly trained, and point: ‘‘Nuclear is different,’’ he said. And to Whether our mothers work inside or the best technology is not made avail- illustrate the point, he noted that the bomb outside the home, they are our care- able. Mothers count on our schools to that destroyed Nagasaki set off an instant of provide their children with the best explosive energy equivalent to a pile of dy- takers and nurturers. They are the cor- namite as big as the White House that was nerstone of our country. Their role in possible education. Yet, our schools are contained in a sphere of plutonium no bigger our society is priceless. not meeting the standards. While Con- than a baseball. That was a first-generation With all of our mothers’ hard-work gress debates funding priorities, our bomb, a technological feat now within the and devotion, it is no wonder that each children are leaving school unprepared grasp of terrorists or radical states if they year families search for the perfect gift for their futures. manage to get their hands on the material. to give for Mothers’ Day. We purchase We must increase Federal support for Ultimately it comes down to a test of rea- flowers, candy, and cards. Yet, Amer- education to ensure that all our chil- sonableness. Is it reasonable to assume, over dren have the skills and knowledge time, that millions of kilograms of pluto- ica’s mothers deserve more. Mothers want to know that their children are they will need in the future. Our goal nium can be sequestered down to the less must be to make every child a success than 8 kilograms needed for such a bomb? safe in school, receiving the best pos- story. Allocated funding will allow This question, in my view, must be answered sible education, and protected from schools to reduce class sizes and in- before giving any further comfort to and sup- dangers in the community. This is crease professional development pro- port of an industry that remains officially where we, as lawmakers, have a role to grams for teachers. It will help local committed to utilizing plutonium as a fuel— play. We can do more to help mothers. and surely before supporting an extension schools invest in and integrate new We can help give them something they and expansion of that industry in response to technology in classrooms and help ex- want and deserve for Mother’s Day by electricity-supply shortages and global pand school counseling, school safety, passing legislation that reduces the warming. and substance abuse programs. By I close with a reminder from one of NCI’s number of guns on our streets, im- helping our schools, we will assure original Board members, the historian Bar- proves our schools, and protect our bara Tuchman, who in her book of the same mothers that their children are ready neighborhoods. for the future. title gave a sobering description of the One year ago I joined over 900,000 ‘‘march of folly’’ that drives nations to de- As a gift for Mother’s Day, we can mothers, fathers and children across also give children a place to go after struction. She identified this phenomenon, the country in the Million Mom March. one repeated throughout recorded history, as school hours. With one half of Amer- ‘‘pervasive persistence in a policy demon- We came out on Mother’s Day to renew ican mothers working full time outside strably unworkable or counterproductive.’’ our commitment to our children—we the home, many children come home To qualify as folly, she said, it ‘‘must have will continue to work tirelessly to pre- from school to an empty house. It is been perceived as counter-productive in its vent the senseless gun related deaths of during this time when many unsuper- own time, not merely by hindsight, . . . our children. We want to raise our chil- vised children find trouble. A study re- (and) a feasible alternative course of action dren, not bury them. must have been available.’’ leased by the YMCA of the USA des- We joined together to talk about the ignated the hours between 3 p.m. and 6 f need for gun safety and sensible gun p.m. as the ‘‘danger zone.’’ Teenagers control. Yet this body has turned a MOTHER’S DAY are more likely to drink, smoke, or en- deaf ear to the calls. gage in sexual activity because they Mr. DURBIN. Mr. President, it is While some downplay the fact that are unsupervised. But this time could with great pleasure that I rise today to guns are more rampant in America and should be used for productive ac- honor America’s mothers. On Sunday, than in any other country, more and tivities. May 13th, families across America will more children are killed by guns. Every The hours after school should be a celebrate Mother’s Day. This is a spe- day, 10 mothers are told that their time to learn and grow, not invite cial time of year, when we pay tribute child has been killed by gunfire. That trouble. We need to expand funding for to our mothers for playing an impor- is 10 too many. Last Congress, I intro- programs like Chicago’s Lighthouse tant role in our lives. duced bipartisan legislation with eight after school program, so that children Mother’s Day is a time to thank other Senators, known as the Child Ac- have access to tutoring and mentoring mothers for their patience, compas- cess Prevention, CAP, bill, in an effort programs, recreational activities, and sion, and devotion. Mothers have to hold gun owners accountable when literacy education after the school day taught us to be who we are today and they fail to safely store their firearms. ends. When children participate in who we will be in the future. They in- Gun owners need to assume responsi- these programs, working mothers can still values of respect and honor in our bility for safely storing their firearms be reassured that their children are not lives. On this day, we acknowledge the in a way that is not accessible to chil- only safe, but thriving, while they are role mothers play in shaping our na- dren. Unfortunately, the Congress did at work. tion’s future, one child at a time. not pass my bill. I plan to reintroduce In conclusion, Sunday is our special Our mothers were first honored in this legislation during this Congress opportunity to recognize the role of this way in 1907, when Anna Jarvis pe- and I urge my colleagues to join me in mothers and to thank them for their titioned influential political and reli- this effort. nurture, care, and love. On Sunday, gious leaders to adopt a formal holiday Here we are, two years after Col- when we salute our mothers for the honoring mothers. She hoped that such umbine, one year after the Million role they have played in our lives, let’s an observance would increase respect Mom March, and two months after recommit ourselves to give them a gift for parents and strengthen family Santana High, and this Senate still has in return, a gift they will treasure. bonds. Thanks to her efforts, in 1914, not acted on any gun legislation. How Let’s pass sensible gun laws, increase President Woodrow Wilson proclaimed many more mothers will have to cele- funding to our schools, and protect our the second Sunday in May as Mother’s brate Mother’s Day without their chil- communities. That is what our moth- Day. He declared that on this day, the dren at their side before we begin help- ers want, on Mother’s Day and every U.S. flag is to be displayed in governing law enforcement and school offi- day. And that is what we should give ment buildings and at people’s homes cials end the violence in our schools? them.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4503 MEDICARE INPATIENT HOSPITAL basket update for inpatient hospital complishments and contributions that SERVICES rates to the full level, rather than mar- people of Asian and Pacific Island de- Mrs. CLINTON. Mr. President, today, ket-basket minus 0.55 percent, as scent have made to Minnesota and to I am so pleased to join my good friends, scheduled for fiscal year 2002 and 2003. our country. Senator HUTCHISON from Texas and This important step will help hospitals Their many different talents, cul- Senator BAYH from Indiana, in sup- nationwide keep up with the rising tures, and histories have played impor- porting this legislation to help Medi- costs of inpatient care for Medicare tant roles in building and strength- care payments keep pace with the ris- beneficiaries. This provision helps all ening our country, and they have ex- ing costs of hospital care, and to halt hospitals in New York State by in- emplified the important traditions of further Medicare reductions to teach- creasing inpatient hospital payments hard work, respect for family and el- ing hospitals. across the board. ders, and the value of a quality edu- Our hospitals are under tremendous I am especially pleased that this leg- cation. strain. They face soaring costs from islation would also address the cuts Since their arrival in this country, nearly every direction: The growing faced by teaching hospitals to their they have believed strongly in the number of uninsured individuals cou- Medicare indirect medical education American Dream and in better oppor- pled with the devastating shortages of payments. Teaching hospitals are the tunities for those who seek them. skilled health care workers. The strug- crown jewels of our Nation’s health These qualities have enabled them to gle to afford skyrocketing pharma- care system and play a vital role in overcome adversity and discrimina- ceuticals prices, while simultaneously making our system one of the finest in tion, and allowed them to achieve enor- investing in emerging needs, such as the world. mous successes in virtually every field. information technology. At the same We rely on them to train physicians The complexion of my home state of time, reductions in Medicare payments and nurses, care for the sickest of the Minnesota is changing dramatically. have hindered hospitals’ ability to re- sick and the poorest of the poor, and We have seen a sharp increase in the spond to these increased demands. How engage in research and clinical trials. number of Asian Americans and Pacific can we expect patients to receive qual- Thanks to the research, for example, at Islanders who reside in our state, and ity health care when we’re asking our Memorial Sloan-Kettering, cancer pa- we welcome the opportunity to con- hospitals to do more with so much tients will suffer less while receiving tinue to work with them to create a less? chemotherapy because of a drug that better Minnesota. As you know, this week we are focus- was developed there. In one of my first meetings as a new ing on the crisis around the shortage of As my predecessor and friend, Sen- Senator, I had the opportunity to visit nurses. Ninety-one percent of hospitals ator Daniel Patrick Moynihan, in with the Council on Asian Pacific Min- in New York State report shortages of whose footsteps I am so honored to be nesotans, and I learned of the many registered nurses, RNs. But this is real- following, put it so well a few years important contributions which this ly just the tip of the iceberg. The ago, ‘‘We are in the midst of a great era community makes to my home state. shortages in the health care workforce of discovery in the medical science. It They shared with me not only their permeate the entire health care sys- is certainly not a time to close medical successes, but also their continuing tem, especially our hospitals. There are schools. This great era of medical dis- struggles to ensure that Minnesotans shortages in pharmacists, technicians, covery is occurring right here in the of Asian and Pacific Island descent nurse aides, billing staff, and house- United States . . . And it is centered in have the best education, housing, keepers that have all negatively im- New York City.’’ health care, and job opportunities pos- pacted the quality of care New Yorkers This legislation that we are intro- sible. are able to receive. ducing today would address the cuts I would like to acknowledge just a As a representative of the State of faced by teaching hospitals to their few of the Minnesotans of Asian or Pa- New York, I am especially troubled by Medicare indirect medical education cific Island descent whose efforts have the growing strains that our hospitals payments. Last year’s Medicare, Med- made Minnesota a better place to live have been forced to contend with on icaid, and SCHIP Benefits Improve- and work. In the political arena, the top of the devastating cuts that have ment Act of 2000, BIPA, provided some Honorable Satveer Chaudhary became resulted from the balanced budget relief by delaying the cuts to help the first Asian American to be elected agreement of 1997, BBA. I have heard teaching hospitals cover the costs of to the Minnesota state legislature and numerous firsthand accounts of the ad- caring for sicker, more complicated pa- now serves as the highest-ranking verse impact on New York hospitals tients. Today’s provision would make elected official of Indian descent in the and the facts speak for themselves: In that relief permanent by freezing the nation. Ms. Zarina Baber helped estab- the 2 years following the BBA, New indirect medical education adjust- lish the volunteer based clinic in York hospitals’ financial health ranked ments percentage at 6.5 percent. Fridley known as Al’Shifa, which pro- worst in the Nation. In fact, almost In addition, teaching hospitals vides culturally specific health care two-thirds of New York hospitals had throughout the State would benefit, in- free of charge to needy or uninsured negative operating margins last year. cluding rural hospitals such as King- patients. Ms. Baber volunteers as the And in addition to the workforce short- ston Hospital, Benedictine Hospital, director of this clinic and has devel- age affecting health providers nation- Champlain Valley Physicians Hospital oped partnerships with area hospitals wide, New York providers are also con- Medical Center, Olean General Hos- and clinics. Mr. Lee Pao Xiong recently fronting labor costs increases of 5–7 pital, and Hepburn Medical Center in became the first non-African American percent a year, while the Medicare Ogdensburgh, NY. President of Minneapolis’ Urban Coali- rates for inpatient hospital rates, even Today’s legislation is essential to en- tion. He has served on President Clin- with the full market basket update we suring that our Nation’s older and dis- ton’s Commission on Asian and Pacific are seeking in today’s legislation, ex- abled patients can continue to receive Islanders, and has been a leader in pected to rise only around 3.1 percent. the high quality of care that they de- helping the Hmong community to In recent years, Congress has suc- serve. I look forward to working with make the transition to mainstream cessfully provided some short-term re- my colleagues and the administration America while preserving the integrity lief to address areas where the cuts en- to address this and other important of their own culture. Wai Lee, a de- acted in the BBA of 1997 went much health care priorities. voted mother of four, as well as an ac- further than intended. However, much f tive member of the Faribault commu- of the relief merely postponed sched- nity, has skillfully combined mother- uled cuts in Medicare payments and REMEMBERING ASIAN PACIFIC hood with activism. She has volun- that is why the legislation that we are AMERICAN HERITAGE MONTH teered in the Faribault community for introducing today is so important. Mr. DAYTON. Mr. President, I rise many years, taught English as a Sec- This legislation today would elimi- today to recognize that May is Asian ond Language, and developed a mentor nate some of those previously delayed Pacific American Heritage Month, and program to involve children and help cuts. First, it would restore the market I want to acknowledge the many ac- them with their English skills. Venture

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4504 CONGRESSIONAL RECORD — SENATE May 8, 2001 Crew 6, a community organization cantly under the new administration. measured in terms of spending on ex- made up of Asian youth leaders, is Given the rapid changes occurring in port promotion as a percentage of working to make Minnesota a better the international political economy, I GDP. And these data were calculated place to live and train young people to am concerned that the administration prior to the fiscal year 2002 budget cuts be future leaders. The group’s mission is ignoring the challenges U.S. firms by the Bush Administration. All of is to help Minnesota youth grow, de- now face with their competition. Given these countries—France, Canada, Ger- velop, and foster leadership skills while the emphasis placed on these programs many, Italy, Japan, the UK, Korea, serving their communities. The mem- by foreign governments at this time, I Spain, Sweden, and the Netherlands— bers, made up of traditional and ‘‘at am concerned about the effect this understand that trade is not an end in risk’’ youth, lend a hand to the state’s change will have on the level of our ex- and of itself, but one of the tools by elderly, and provide a variety of other ports. Given the state of our economy which governments can raise the living volunteer services in several Minnesota at this time, I am concerned this will standards of its people. communities. simply be another factor contributing In his nomination testimony before There are many other women and to a decline in economic growth. the Finance Committee in January, men who belong on this ‘‘Honor Role’’ Let me give some specific examples U.S. Trade Representative Robert of outstanding Minnesotans. During of the budget cuts I am referring to. Zoellick stated that President Bush as- this month, we should all take time to Based on the budget numbers provided signed a high priority to trade policy remind ourselves of the important con- by President Bush: Funding for the as part of his domestic and inter- tributions made to our society by those Trade Development Program, which national agenda. He argued at that of Asian American and Pacific Island performs trade investment analyses, time that trade policy is important not descent, who bring with them rich cul- works with firms to identify and cap- only because it incrementally improves tures, desire for growth and oppor- italize on overseas trade opportunities, the economic welfare of all Americans, tunity, and the chance to achieve the and conducts export promotion pro- but also because it shapes the basic American dream. grams, will decrease from $66 million framework of the international system. f last year to $52 million this year. Through international trade we not Funding for the Market Access and only export goods and services, we also EXPORT PROMOTION PROGRAMS Compliance Program, which monitors export democratic values and stability. Mr. BINGAMAN. Mr. President, I rise foreign country compliance with mul- I agree with this statement. But my today to address the issue of U.S. trade tilateral and bilateral trade agree- concern is that the Bush Administra- policy, in particular the funds directed ments, will decrease from $33 million tion is committed to this kind of trade toward export promotion in the Bush last year to $28 million this year. policy in rhetoric alone. Their budget administration fiscal year 2002 budget. Funding for the U.S. Foreign and Com- for export promotion activities sug- Until only recently, the United mercial Services, which maintains gests that they are unwilling to back States had been experiencing the larg- databases on markets overseas and up their words with substance—in this est period of sustained economic counsels U.S. firms on export opportu- case, real funding for the programs growth in our history, with over 20 mil- nities, will decrease from $199 million that do the work needed to help U.S. lion jobs created, the lowest unemploy- last year to $194 million this year. firms. From where I sit, it is essential ment rate in 30 years, the lowest pov- Funding for the Export-Import Bank, that the United States fund these pro- erty rate in 20 years, and substantial which provides export financing for grams so American business can con- increases in gross domestic product U.S. companies, will decrease from $865 tinue to act as an engine of growth for and productivity. According to nearly million last year to $633 million this the country. I am convinced that there every analyst, there is a direct correla- year. Funding for the International is a national economic interest, tan- tion between increased international Trade Administration, whose primary gible and beneficial, that needs to be trade and these statistics, with export- goal is to expand opportunities for pursued in an effective manner by the ing firms and workers contributing as sales by U.S. firms in foreign markets, United States. While I accept the no- much as 30 percent to our economic falls from $364 million last year to $361 tion of free markets, I believe there are growth. Exports in U.S. goods and serv- million this year. imperfections and biases in the inter- ices have risen by almost 50 percent From where I stand, we should not be national trading system that neces- over the last eight years. This trans- cutting back on funding for these pro- sitate a commitment of resources to lates into increased international sales grams. On the contrary, we should in- trade and export policy. for business of all sizes, increased op- crease funds for programs designed to President Bush has argued that he portunities for high-wage employment, translate American productivity, vital- has focused on the people’s priorities in and enhanced economic security for ity, and ingenuity into sales overseas. his budget and put first things first. I Americans. Unfortunately, what we see here is a would argue that his trade policy—the Significantly, our trade policy over policy that runs contrary to the needs resources directed toward export pro- the last 8 years has included tangible of our own country, and, significantly, motion policy in particular—are sim- resources directed toward export pro- the policies of most countries in the ply another example of the funda- motion initiatives, the primary goal global trading system. The Bush ad- mental flaws in his strategic goals for being to ensure that exporters, large, ministration trade policy incorrectly the country. There is still time to medium, and small, could take advan- assumes that market imperfections do make a change in direction. There is tage of market opportunities occurring not exist, and that assistance to firms still time to fund the programs that as a result of international trade nego- represents interference in the way the have done so much for American busi- tiations and market liberalization. In- market works. If you look around the nesses and the American people. I urge cluded in this trade strategy were a world and examine the trade and ex- the Administration to reconsider the range of policy programs, from trade port policies of other countries, you funding levels for these programs, and promotion and financing, to market will see this policy is an anomaly. bring them back to the appropriate monitoring and compliance, to data- If you go down the list of our trading level. base creation and business counseling, partners anywhere in the world—be it f all of which were specifically designed Japan, France, Canada, Mexico, or to ensure that U.S. firms of all sizes Brazil—all consider the exports of their THE VERY BAD DEBT BOXSCORE had the information they needed, that goods and services to be a top govern- Mr. HELMS. Mr. President, at the they were positioned to take advantage ment priority, and, according to the close of business yesterday, Monday, of foreign markets, and, in this man- U.S. Commerce Department, con- May 7, 2001, the Federal debt stood at ner, that we could unlock the full po- tribute substantial resources, both $5,643,605,408,260.92, Five trillion, six tential of our national economy. human and financial, to this goal. The hundred forty-three billion, six hun- As I examine the current budget I am most recent data available shows that dred five million, four hundred eight concerned that this commitment to ex- the United States ranks dead last thousand, two hundred sixty dollars port promotion has weakened signifi- among a group of our trading partners, and ninety-two cents.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4505 Five years ago, May 7, 1996, the Fed- volvement in the historic expansion of cluded serving as the 19th U.S. Rep- eral debt stood at $5,093,910,000,000, Five NATO, pursuing peace in the Balkans resentative to the NATO Military Com- trillion, ninety-three billion, nine hun- and military dialogue with Russia. Im- mittee in Brussels, Belgium, and Com- dred ten million. mediately before arriving at West mander of the 54th Engineer Battalion Ten years ago, May 7, 1991, the Fed- Point, General Christman served for in Wildflecken, Germany. eral debt stood at $3,437,531,000,000, two years as Assistant to the Chairman General Christman’s key command Three trillion, four hundred thirty- of the Joint Chiefs of Staff in the Pen- positions included service as the Com- seven billion, five hundred thirty-one tagon. In that position he advised the manding General of the U.S. Army En- million. Secretary of State on a broad range of gineer Center and Commandant of the Fifteen years ago, May 7, 1986, the issues, including arms control with U.S. Army Engineer School at Fort Federal debt stood at $2,018,050,000,000, Russia and Middle East peace negotia- Leonard Wood, Missouri, and Com- Two trillion, eighteen billion, fifty mil- tions between Israel and Syria. mander of the Savannah District, U.S. lion. General Christman’s tenure as the Army Corps of Engineers in Savannah, Twenty-five years ago, May 7, 1976, 55th Superintendent of the U.S. Mili- Georgia. the Federal debt stood at tary Academy has been marked by a General Christman occupied senior $598,331,000,000, Five hundred ninety- forward thinking strategic vision and executive positions in Washington, eight billion, three hundred thirty-one the development of a more cooperative D.C. which required creative leadership million, which reflects a debt increase and positive environment at the Acad- and strategic vision. He served as a of more than $5 trillion, emy. I met with General Christman Staff Assistant with the National Secu- $5,045,274,408,260.92, Five trillion, forty- soon after I was sworn in as Senator rity Council during the Ford Adminis- five billion, two hundred seventy-four and have been greatly impressed by his tration, and as Assistant to the U.S. million, four hundred eight thousand, leadership at West Point. His success Attorney General for National Secu- two hundred sixty dollars and ninety- at obtaining critical funding support rity Affairs in the Reagan Administra- two cents during the past 25 years. has enabled West Point to continue to tion. General Christman was the Direc- f attract high quality young cadets will- tor of Strategy, Plans and Policy at ing to embark on Army careers. He the Department of Army Headquarters. ADDITIONAL STATEMENTS helped to raise funds for the Center for In this capacity, he supported negotia- the Professional Military Ethic, as well tions relating to the Conventional LIEUTENANT GENERAL DANIEL W. as endowments for several academic Forces in Europe arms control talks CHRISTMAN department chairs and improved ath- between NATO and the Warsaw Pact on letic facilities. He helped to inspire the behalf of the Chief of Staff of the Army ∑ Mrs. CLINTON. Mr. President, I rise creation of a dynamic and forward- and the Chairman of the Joint Chiefs of today to honor the career of an out- looking Strategic Vision for the U.S. Staff. He also served as Assistant to standing soldier and a good friend, Military Academy 2010. General Shalikashvili, Chairman of the Lieutenant General Daniel W. General Christman’s exemplary serv- Joint Chiefs of Staff advising the Sec- Christman, who is retiring after more ice and devotion to duty, honor and retary of State on a broad range of than thirty-six years of active military country have left a lasting impact on military and national security issues service. General Christman’s exem- the U.S. Military Academy, and indeed such as arms control with the Russian plary military career, culminating in the U.S. Army. His numerous awards Federation and the Middle East peace five years as the Commanding General reflect the respect and admiration of negotiations between Israel and Syria. and Superintendent of the United those who have had the privilege to Over the years, General Christman States Military Academy at West serve with him. I join my fellow Sen- also found time to continue his own Point, exemplifies the professionalism ators in wishing General Christman the education. He earned a Masters Degree and seriousness of purpose that have best of luck in his future endeavors and in Civil Engineering and a Masters De- helped make the U.S. military the best my sincerest gratitude for his distin- gree in Public Administration from in the world. guished service to his country.∑ Princeton University, and holds a Law Prior to his service at the United f Degree from George Washington Uni- States Military Academy, General versity. Christman had a remarkable military TRIBUTE TO LIEUTENANT For his service, General Christman career for over 30 years. General GENERAL DANIEL W. CHRISTMAN has received, among others, the De- Christman graduated first in his class ∑ Mr. REED. Mr. President, I rise to fense Distinguished Service Medal, the from West Point and later taught in recognize the outstanding service to Army Distinguished Service Medal, the the Department of Social Sciences as our nation of Lieutenant General Dan- Defense Superior Service Medal, Le- an Assistant Professor of Economics. iel William Christman, the 55th Super- gion of Merit, Bronze Star Medal, He has held several senior executive intendent of the United States Military Merit Service Medal and the Air Medal. positions in the Army, all of which Academy. On June 30, 2001, General General Christman has made many have taken advantage of his unique tal- Christman will retire from the United valuable contributions to our nation ents for creative leadership and stra- States Army after an outstanding ca- and the Army, but I believe that he has tegic vision. Using his training in civil reer of more than 36 years of service in left his most indelible mark on the engineering, he has commanded a peace and in war to the Army and the United States Military Academy, the major U.S. Army Corps of Engineer Nation. institution where he began, and will District in Savannah Georgia and head- General Christman is a modern soon end his Army career. After his ed the Army’s Engineer School in the model of the soldier-scholar. After graduation, General Christman first re- early 1990s. graduating first in his class from West turned to his alma mater in 1970 as an Throughout his distinguished career, Point in 1965, then young second Lieu- Instructor, and later Assistant Pro- General Christman has played a vital tenant Christman traveled to Fort fessor in the Department of Social role in development and implementa- Benning to undertake the Ranger Sciences. Then in 1996, General tion of some of the most important se- Course. He then served as a Platoon Christman undertook his last assign- curity policy issues of the last several Leader and later as a Commander in ment as Superintendent. For the past decades. He served in the Ford Admin- the 2d Infantry Division, Korea. In 1969, five years, he charted the course for of- istration as a member of the National he commanded a company in the 101st ficer education into the new century. Security Council Staff. During the Gulf Airborne Division in Vietnam. Under his guidance, the Academy War, he directed a strategic planning Returning from combat, General crafted a new mission statement, stra- group which advised the Army’s Chief Christman went on to distinguish him- tegic vision, and a new public funding of Staff on war prosecution policies. He self in numerous command and staff paradigm to enable the institution to represented the U.S. in Brussels, Bel- positions with U.S. Forces, both over- compete and excel in an era of trans- gium as a member of NATO’s Military seas and in the Continental United formation. His assessment of current Committee where he had active in- States. In Europe, his assignments in- needs and insight of future possibilities

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4506 CONGRESSIONAL RECORD — SENATE May 8, 2001 has resulted in a revised academic cur- High School Band’s tradition of dis- mains of Sequoyah to Oklahoma, but riculum and an increased focus on the tinction is second only to the academic to recognize his grave in order to pre- profession of officership. From the out- and personal integrity of its members. serve the richness of the Cherokee her- set, General Christman sought the in- Officially organized in 1940, Leon itage. sight of Academy graduates and the Band and its colorful history remain a I hope you will join me today in hon- neighboring community, where appro- source of great pride for everyone in- oring Sequoyah, for his contribution to priate, to give these groups a closer volved with the program. During those the Cherokee people, as well as the identification with his decisions. early years, the ‘‘Marching Redcoats’’ Rogers family, for their work to pre- A consummate professional, General took the field at the 1946 Orange Bowl serve the legacy of this Cherokee Christman’s dedication to excellence in Miami, Florida, attended the Cherry hero.∑ and his unsurpassed devotion to duty, Blossom Festival in Washington, D.C. f honor, and country have marked his and was proclaimed the official band of TRIBUTE TO PAGE GROTON distinguished service over the last 36 the State of Florida. The honors, ac- years. His service reflects a deep com- claim and achievements, however, did ∑ Ms. MIKULSKI. Mr. President, I rise mitment to West Point, the Army, and not stop there; the band visited Mexico to pay tribute to the life and legacy of our nation. I ask my colleagues to join in 1974 to enter the Festival of Bands Page Groton. He was a native of Balti- me in thanking General Christman for and toured Austria for the Inter- more who served his country with his honorable service to the citizens of national Music Festival in 1977. pride. the United States of America. I wish More recently, under the direction of Page Groton spent his career work- him, his wife Susan, and their children, Timothy Paul, the Leon High Band has ing to improve the lives of working continued success and happiness in all continued its quest for excellence. Not men and women. He played an impor- their future endeavors.∑ only have they won the Sudler Order of tant role in America’s labor movement. f Merit for Historical Bands, but in De- He understood why unions are so im- cember, 2000, the band was presented portant. He put his values into action. RETIREMENT OF RONALD CARL with the prestigious Sulder Flag of Page enjoyed a long career as a trade CASNER OF MCVEYTOWN, PA Honor, an international award hon- union member, leader and lobbyist. He ∑ Mr. SANTORUM. Mr. President, I oring musical expertise. Individually, began working in Baltimore as a mem- rise today to recognize Mr. Ronald Carl band members consistently attain su- ber of the Civilian Conservation Corps Casner of McVeytown, PA, as he retires perior ratings in district and state before becoming an electrician at a as Vice-President from Omega Na- competition. The grand tradition of the shipyard in Pennsylvania. Page an- tional Bank after 42 years. He has Leon High School Band continues and swered his country’s call to duty by given a great deal of time and energy richly deserves our commendation and joining the Navy in the Pacific during to his profession, and has ensured a recognition.∑ World War II. trustworthy banking service to his cus- f After returning to the shipyard when tomers for many years. On June 30, the war ended, Page was elected union 2001, he will bring his lengthy and ac- SEARCHING FOR SEQUOYAH president of his boilermakers local. In complished career to a close, and I ∑ Mr. INHOFE. Mr. President, today I 1962, Page Groton moved to Wash- commend him for the many years of would like to recognize a family that ington and became vice president of service he has provided to his commu- has dedicated much time and energy the International Brotherhood of Boil- nity. into preserving its Cherokee heritage. ermakers Union. Once in Washington, Mr. Casner was born February 7, 1936 Dr. Charles Rogers of Brownsville, TX, Page found the time to share his in Lewistown, PA. After he graduated his wife Sheron, his son, George knowledge of labor issues with stu- from high school, he served in the Charles Sherson, and his mother, Mary dents from the University of Wisconsin United States Marine Corps from 1954– Layton Rogers, have traveled to Mex- School for workers. He finished his ca- 1958. Upon his return to the United ico in search of the grave of the famous reer as a lobbyist for the Metal Trades States from his military service, Ron- Cherokee, Sequoyah. Department of the AFL–CIO. ald became employed at the former Sequoyah is credited with inventing I am so grateful for Page’s friendship Penn Central National Bank, located in a writing system for the Cherokees by and support. In 1986, I found myself in Mount Union and Huntington, PA. making symbols which form words. As a tough Senate primary campaign When Mr. Casner retires in June, he a result of this syllabary, thousands of against two good friends of mine: Con- will retire as Vice-President of what is Cherokees became literate. In recogni- gressman Mike Barnes of Montgomery now Omega National Bank. tion of his monumental contribution, County, and Governor Harry Hughes of Mr. Casner is a member of the the Cherokee Nation awarded him a sil- Maryland. Page was instrumental in McVeytown United Methodist Church, ver medal, along with a lifetime lit- helping the statewide AFL–CIO to serves on the Church’s Board of Trust- erary pension. know me. ees, is an avid sportsman, and is a Sequoyah was born in Tennessee, in Page Groton’s life is an example of member of the Loyal Order of the 1776, to Nathaniel Gist, a Virginia fur dedication to a cause higher than one- Moose. His involvment in these civic trader, and Wut-teh, the daughter of a self. His legacy is his family, as well as organizations displays Mr. Casner’s Cherokee Chief. He also lived in Geor- an ethic of service that Americans and dedication both as a professional and in gia, Alabama and Arkansas before Marylanders may follow with pride. His the community. Ronald and his wife, moving to Oklahoma, where he lived beloved wife Mayrene Williams Groton Anna, have two daughters, one grand- until 1842. He then set out to find the and their two children, seven grand- son and one granddaughter. Chickamauga Cherokees, who had children, and five great grandchildren I ask my colleagues to join with me moved to Mexico. He died the following are in my thoughts and prayers.∑ in recognizing Mr. Ronald Casner for year in Mexico, but the exact location f the many years he has given to his of his grave has remained unknown. RETIREMENT OF A. REID community. May his retirement be Dr. Rogers and his family, who come LEOPOLD, JR., MD, OF filled with health, happiness and mem- from a long line of Cherokees them- LEWISTOWN, PA orable times with family and friends selves, have searched extensively for for many years to come.∑ Sequoyah’s grave. Their efforts may ∑ Mr. SANTORUM. Mr. President, f have paid-off as they believe they have today I would like to recognize A. Reid found the burial site in a rock-covered Leopold, Jr., MD, an accomplished phy- LEON HIGH SCHOOL BAND cave near the ‘‘lost-village’’ of sician from the great Commonwealth ∑ Mr. GRAHAM. Mr. President, I am Sequoyah. Epic and Gloria Rodriguez of Pennsylvania who will be retiring on pleased to have this opportunity to of Mexico, whose ancestors helped June 30, 2001. Dr. Leopold has dedicated honor the outstanding history of the Sequoyah and other Cherokees, di- his entire professional life to improv- Leon High School Band in Tallahassee, rected the Rogers to the location. The ing the health and well-being of others Florida. Now in its 61st year, Leon Rogers’ intent is not to return the rein our communities.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4507 Dr. Leopold was born October 7, 1931 Year 2000; to the Committee on Govern- entitled ‘‘Forward Triangular Merger Fol- in Lewistown, PA. A graduate of mental Affairs. lowed by a Stock Drop Down’’ (Rev. Rul. Lewistown High School, he studied for EC–1753. A communication from the Dep- 2001–24, –22) received on May 3, 2001; to the uty Associate Administrator of the Environ- Committee on Finance. four years at Bucknell University in mental Protection Agency, transmitting, EC–1764. A communication from the Chief Lewisburg, PA before moving on to pursuant to law, the report of a rule entitled of the Regulations Unit, Internal Revenue study medicine at Pittsburgh Medical ‘‘Approval and Promulgation of Implementa- Service, Department of the Treasury, trans- School. In addition to practicing medi- tion Plans; Texas; Ozone; Beaumont/Port Ar- mitting, pursuant to law, the report of a rule cine for 43 years, Dr. Leopold served his thur Ozone Nonattainment Area’’ (FRL6976– entitled ‘‘Reverse Triangular Merger Fol- country in the United States Navy for 1) received on May 3, 2001; to the Committee lowed by an Asset Sale’’ (Rev. Rul. 2001–25, two years and served as Mifflin County on Environment and Public Works. –22) received on May 7, 2001; to the Com- Coroner from 1964 to 1996. EC–1754. A communication from the Acting mittee on Finance. Administrator of the General Service Ad- EC–1765. A communication from the Con- A member of St. John’s Lutheran ministration, transmitting, a report relative gressional Review Coordinator, Policy and Church in Lewistown, Dr. Leopold is to an alteration prospectus for the Federal Program Development, Animal and Plant married to the former Karen Doyle, Trade Commission building in Washington, Health Inspection Service, Department of and has two daughters, three sons, two DC; to the Committee on Environment and Agriculture, transmitting, pursuant to law, step-daughters and eight grand- Public Works. the report of a rule entitled ‘‘Change in Dis- children. Also a sports enthusiast, Dr. EC–1755. A communication from the Acting ease Status of Germany, Italy, and Spain be- Leopold can often be found spending Director of the Office of Surface Mining, De- cause of BSE’’ (Doc. No. 01–008–1) received on partment of the Interior, transmitting, pur- May 2, 2001; to the Committee on Agri- his free time boating and fishing in suant to law, the report of a rule entitled culture, Nutrition, and Forestry. Lake Raystown. ‘‘Oklahoma Regulatory Program’’ (OK–025– EC–1766. A communication from the Acting Dr. Leopold has been an outstanding FOR) received on May 7, 2001; to the Com- Administrator of the Agricultural Marketing member of the Lewistown community, mittee on Energy and Natural Resources. Service, Fruit and Vegetable Programs, De- and has provided his friends and neigh- EC–1756. A communication from the Acting partment of Agriculture, transmitting, pur- bors with quality healthcare for many, Director of the Office of Surface Mining, De- suant to law, the report of a rule entitled many years. I congratulate him on his partment of the Interior, transmitting, pur- ‘‘Tart Cherries Grown in the States of Michi- suant to law, the report of a rule entitled retirement and hope that he is blessed gan, et al.; Final Free and Restricted Per- ‘‘Missouri Regulatory Program’’ (MO–033– centages for the 2000–2001 Crop Year for Tart with many years of relaxation and en- FOR) received on May 7, 2001; to the Com- Cherries’’ (Doc. No. FV01–930–2) received on joyment with friends and family. mittee on Energy and Natural Resources. May 2, 2001; to the Committee on Agri- I ask my Senate colleagues to join EC–1757. A communication from the Assist- culture, Nutrition, and Forestry. with me in recognizing the contribu- ant to the Federal Reserve Board, transmit- EC–1767. A communication from the Acting tions that Dr. Leopold has made to the ting, pursuant to law, the report of a rule en- Administrator of the Agricultural Marketing medical profession and to improving titled ‘‘Application of sections 23A and 23B of Service, Fruit and Vegetable Programs, De- the lives of others. May his retirement the Federal Reserve Act to Derivative Trans- partment of Agriculture, transmitting, pur- actions with Affiliates and Intraday Exten- suant to law, the report of a rule entitled be filled with health, happiness and sions of Credit to Affiliates’’ (R–1104) re- ‘‘Amendments to the Honey Research, Pro- memorable times with family and ceived on May 7, 2001; to the Committee on motion, and Consumer Information Order’’ friends for many years to come.∑ Banking, Housing, and Urban Affairs. (RIN0581–AB84) received on May 2, 2001; to f EC–1758. A communication from the Acting the Committee on Agriculture, Nutrition, Assistant Secretary of Legislative Affairs, and Forestry. MESSAGES FROM THE PRESIDENT Department of State, transmitting, pursuant EC–1768. A communication from the Acting Messages from the President of the to the Arms Export Control Act, the certifi- Administrator of the Agricultural Marketing cation of a proposed license for the export of Service, Fruit and Vegetable Programs, De- United States were communicated to major defense equipment, articles, and serv- partment of Agriculture, transmitting, pur- the Senate by Ms. Evans, one of his ices sold commercially under a contract in suant to law, the report of a rule entitled secretaries. the amount of $14,000,000 or more to Spain; to ‘‘Tart Cherries Grown in the States of Michi- f the Committee on Foreign Relations. gan, et al.; Suspension of Provisions under EC–1759. A communication from the Acting the Federal Marketing Order for Tart Cher- EXECUTIVE MESSAGES REFERRED Assistant Secretary of Legislative Affairs, ries’’ (Doc. No. FV00–930–6) received on May As in executive session the Presiding Department of State, transmitting, pursuant 2, 2001; to the Committee on Agriculture, Nu- Officer laid before the Senate messages to the Arms Export Control Act, the certifi- trition, and Forestry. cation of a proposed license for the export of EC–1769. A communication from the Pro- from the President of the United defense articles or services sold commer- gram Analyst of the Federal Aviation Ad- States submitting sundry nominations cially under a contract in the amount of ministration, Department of Transportation, which were referred to the appropriate $50,000,000 or more to the United Kingdom; to transmitting, pursuant to law, the report of committees. the Committee on Foreign Relations. a rule entitled ‘‘Modification of the Dimen- (The nomination received today are EC–1760. A communication from the Acting sions of the Grand Canyon National Park printed at the end of the Senate pro- Assistant Secretary of Legislative Affairs, Special Flight Rules Area and Flight Free ceedings.) Department of State, transmitting, pursuant Zones; Final Rule’’ ((RIN2120–AG74)(2001– to the Arms Export Control Act, the certifi- 0003)) received on April 5, 2001; to the Com- f cation of a proposed Technical Assistance mittee on Commerce, Science, and Transpor- EXECUTIVE AND OTHER Agreement for the export of defense articles tation. or services sold commercially under a con- EC–1770. A communication from the Attor- COMMUNICATIONS tract in the amount of $50,000,000 or more to ney-Advisor of the General and International The following communications were Russia; to the Committee on Foreign Rela- Law Division, Maritime Administration, De- laid before the Senate, together with tions. partment of Transportation, transmitting, accompanying papers, reports, and doc- EC–1761. A communication from the Chief pursuant to law, the report of a rule entitled uments, which were referred as indi- of the Regulations Unit, Internal Revenue ‘‘Audit Appeals; Policy and Procedure’’ Service, Department of the Treasury, trans- (RIN2133–AB42) received on May 3, 2001; to cated: mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and EC–1751. A communication from the Acting entitled ‘‘Weighted Average Interest Rate Transportation. President and Chief Executive Officer of the Update’’ (Not. 2001–32) received on April 28, EC–1771. A communication from the Pro- Overseas Private Investment Corporation, 2001; to the Committee on Finance. gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the Annual EC–1762. A communication from the Chief ministration, Department of Transportation, Program Performance Report for Fiscal Year of the Regulations Unit, Internal Revenue transmitting pursuant to law, the report of a 2000 and the Annual Performance Plan for Service, Department of the Treasury, trans- rule entitled ‘‘Standard Instrument Ap- Fiscal Year 2002; to the Committee on Gov- mitting, pursuant to law, the report of a rule proach Procedures; Miscellaneous Amend- ernmental Affairs. entitled ‘‘BLS–LIFO Department Store In- ments (25)’’ ((RIN2120–AA65)(2001–0027)) re- EC–1752. A communication from the Chair- dexes—March 2001’’ (Rev. Rul. 2001–23) received on May 3, 2001; to the Committee on woman of the Equal Employment Oppor- ceived on April 28, 2001; to the Committee on Commerce, Science, and Transportation. tunity Commission, transmitting, pursuant Finance. EC–1772. A communication from the Pro- to law, the Budget Reguest and Annual Per- EC–1763. A communication from the Chief gram Analyst of the Federal Aviation Ad- formance Plan for Fiscal Year 2002; the An- of the Regulations Unit, Internal Revenue ministration, Department of Transportation, nual Performance Plan for Fiscal Year 2001; Service, Department of the Treasury, trans- transmitting pursuant to law, the report of a the Annual Performance Report for Fiscal mitting, pursuant to law, the report of a rule rule entitled ‘‘Commuter Operations and

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4508 CONGRESSIONAL RECORD — SENATE May 8, 2001 General Certification and Operations Re- ministration, Department of Transportation, treatment programs to enable such programs quirements; technical amdt.’’ (RIN2120–ZZ34) transmitting pursuant to law, the report of a to provide services to individuals who volun- received on May 3, 2001; to the Committee on rule entitled ‘‘Modification of Class E Air- tarily seek treatment for drug abuse; to the Commerce, Science, and Transportation. space; Molokai, HI’’ ((RIN2120–AA66)(2001– Committee on Health, Education, Labor, and EC–1773. A communication from the Pro- 0079)) received on May 3, 2001; to the Com- Pensions. gram Analyst of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- By Mr. BUNNING: ministration, Department of Transportation, tation. S. 844. A bill to amend the Internal Rev- transmitting pursuant to law, the report of a EC–1783. A communication from the Pro- enue Code of 1986 to provide that the exclu- rule entitled ‘‘Service Difficulty Reports; gram Analyst of the Federal Aviation Ad- sion from gross income for foster care pay- Delay of Effective Date’’ ((RIN2120– ministration, Department of Transportation, ments shall also apply to payments by quali- AF71)(2001–0001)) received on May 3, 2001; to transmitting pursuant to law, the report of a fied placement agencies; to the Committee the Committee on Commerce, Science, and rule entitled ‘‘Airworthiness Directives: on Finance. Transportation. Dornier Model 328–100’’ ((RIN2120–AA64)(2001– By Mr. CRAPO (for himself, Mr. HUTCH- EC–1774. A communication from the Pro- 0187)) received on May 3, 2001; to the Com- INSON, and Mr. HELMS): gram Analyst of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- S. 845. A bill to amend the Internal Rev- ministration, Department of Transportation, tation. enue Code of 1986 to include agricultural and transmitting pursuant to law, the report of a EC–1784. A communication from the Pro- animal waste sources as a renewable energy rule entitled ‘‘Emergency Exits’’ (RIN2120– gram Analyst of the Federal Aviation Ad- resource; to the Committee on Finance. ZZ33) received on May 3, 2001; to the Com- ministration, Department of Transportation, By Mr. DURBIN: mittee on Commerce, Science, and Transpor- transmitting pursuant to law, the report of a S. 846. A bill for the relief of J.L. Simmons tation. rule entitled ‘‘Airworthiness Directives: Air- Company, Inc., of Champaign, Illinois; to the EC–1775. A communication from the Pro- bus Model A319 and A320 Series Airplanes Committee on the Judiciary. gram Analyst of the Federal Aviation Ad- Equipped with Elevator and Aileron Com- f ministration, Department of Transportation, puter L80 Standards’’ ((RIN2120–AA64)(2001– transmitting pursuant to law, the report of a 0186)) received on May 3, 2001; to the Com- SUBMISSION OF CONCURRENT AND rule entitled ‘‘Airworthiness Directives: mittee on Commerce, Science, and Transpor- SENATE RESOLUTIONS Fokker Model F28 Mark 0070 and Mark 0100 tation. Series Airplanes’’ ((RIN2120–AA64)(2001–0188)) EC–1785. A communication from the Pro- The following concurrent resolutions received on May 3, 2001; to the Committee on gram Analyst of the Federal Aviation Ad- and Senate resolutions were read, and Commerce, Science, and Transportation. ministration, Department of Transportation, referred (or acted upon), as indicated: EC–1776. A communication from the Pro- transmitting pursuant to law, the report of a gram Analyst of the Federal Aviation Ad- By Mr. DURBIN: rule entitled ‘‘Emergency Medical Equip- ministration, Department of Transportation, S. Res. 83. A resolution referring S. 846 en- ment’’ (RIN2120–AG89) received on May 3, transmitting pursuant to law, the report of a titled ‘‘A bill for the relief of J.L. Simmons 2001; to the Committee on Commerce, rule entitled ‘‘Airworthiness Directives: Company, Inc., of Champaign, Illinois’’ to Science, and Transportation. Cessna Model 750 Airplanes’’ ((RIN2120– the chief judge of the United States Court of EC–1786. A communication from the Asso- Federal Claims for a report thereon; to the AA64)(2001–0189)) received on May 3, 2001; to ciate Bureau Chief, Common Carrier Bureau, the Committee on Commerce, Science, and Committee on the Judiciary. Federal Communications Commission, trans- By Mr. LOTT (for himself and Mr. Transportation. mitting, pursuant to law, the report of a rule EC–1777. A communication from the Pro- DASCHLE): entitled ‘‘Access Charge Reform, Seventh gram Analyst of the Federal Aviation Ad- S. Res. 84. A resolution to authorize rep- Report and Order’’ ((FCC01–146)(Doc. No. 96– ministration, Department of Transportation, resentation by the Senate Legal Counsel in transmitting pursuant to law, the report of a 262)) received on May 7, 2001; to the Com- Timothy A. Holt v. Phil Gramm; considered rule entitled ‘‘Airworthiness Directives: Boe- mittee on Commerce, Science, and Transpor- and agreed to. tation. ing Model 767 Series Airplanes Powered by f GE or P&W Engines’’ ((RIN2120–AA64)(2001– f ADDITIONAL COSPONSORS 0190)) received on May 3, 2001; to the Com- INTRODUCTION OF BILLS AND mittee on Commerce, Science, and Transpor- S. 41 tation. JOINT RESOLUTIONS At the request of Mr. HATCH, the EC–1778. A communication from the Pro- The following bills and joint resolu- name of the Senator from New Jersey gram Analyst of the Federal Aviation Ad- tions were introduced, read the first (Mr. CORZINE) was added as a cosponsor ministration, Department of Transportation, and second times by unanimous con- of S. 41, a bill to amend the Internal transmitting pursuant to law, the report of a sent, and referred as indicated: rule entitled ‘‘Airworthiness Directives: Revenue Code of 1986 to permanently Saab 2000 Series Airplanes’’ ((RIN2120– By Mr. BIDEN (for himself and Mr. extend the research credit and to in- AA64)(2001–0191)) received on May 3, 2001; to MCCONNELL): S. 840. A bill to amend title I of the Omni- crease the rates of the alternative in- the Committee on Commerce, Science, and cremental credit. Transportation. bus Crime Control and Safe Streets Act of EC–1779. A communication from the Pro- 1968 to provide standards and procedures to S. 381 gram Analyst of the Federal Aviation Ad- guide both State and local law enforcement At the request of Mr. ALLARD, the ministration, Department of Transportation, agencies and law enforcement officers during name of the Senator from Maine (Ms. internal investigations, interrogation of law transmitting pursuant to law, the report of a COLLINS) was added as a cosponsor of S. enforcement officers, and administrative dis- rule entitled ‘‘Airworthiness Directives: Boe- 381, a bill to amend the Uniformed and ing Model 737–600, –700, –800, and –700C Series ciplinary hearings, to ensure accountability Engines’’ ((RIN2120–AA64)(2001–0192)) re- of law enforcement officers, to guarantee the Overseas Citizens Absentee Voting Act, ceived on May 3, 2001; to the Committee on due process rights of law enforcement offi- the Soldiers’ and Sailors’ Civil Relief Commerce, Science, and Transportation. cers, and to require States to enact law en- Act of 1940, and title 10, United States EC–1780. A communication from the Pro- forcement discipline, accountability, and due Code, to maximize the access of uni- gram Analyst of the Federal Aviation Ad- process laws; to the Committee on the Judi- formed services voters and recently ministration, Department of Transportation, ciary. separated uniformed services voters to transmitting pursuant to law, the report of a By Ms. SNOWE (for herself and Mr. the polls, to ensure that each vote cast rule entitled ‘‘Airworthiness Directives: KERRY): McDonnell Douglas Model MD–11 Series Air- S. 841. A bill to amend title XVIII of the by such a voter is duly counted, and for planes Equipped with P&W Model PW4400 Se- Social Security Act to eliminate discrimina- other purposes. ries Engines’’ ((RIN2120–AA64)(2001–0193)) re- tory copayment rates for outpatient psy- S. 394 ceived on May 3, 2001; to the Committee on chiatric services under the Medicare Pro- At the request of Mr. DOMENICI, the Commerce, Science, and Transportation. gram; to the Committee on Finance. name of the Senator from Georgia (Mr. EC–1781. A communication from the Pro- By Mr. FEINGOLD: gram Analyst of the Federal Aviation Ad- S. 842. A bill to ensure that the incarcer- CLELAND) was added as a cosponsor of ministration, Department of Transportation, ation of inmates is not provided by private S. 394, a bill to make an urgent supple- transmitting pursuant to law, the report of a contractors or vendors and that persons mental appropriation for fiscal year rule entitled ‘‘Amendment to Class E Air- charged or convicted of an offense against 2001 for the Department of Defense for space; Bassett, NE; Correction and Confirma- the United States shall be housed in facili- the Defense Health Program. tion of Effective Date’’ ((RIN2120–AA66)(2001– ties managed and maintained by Federal, S. 452 0078)) received on May 3, 2001; to the Com- State, or local governments; to the Com- At the request of Mr. MURKOWSKI, the mittee on Commerce, Science, and Transpor- mittee on the Judiciary. tation. By Mrs. BOXER: name of the Senator from Arkansas EC–1782. A communication from the Pro- S. 843. A bill to provide assistance to (Mr. HUTCHINSON) was added as a co- gram Analyst of the Federal Aviation Ad- States to expand and establish drug abuse sponsor of S. 452, a bill to amend title

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4509 XVIII of the Social Security Act to en- SMITH, of Oregon) was added as a co- NICKLES) was added as a cosponsor of S. sure that the Secretary of Health and sponsor of S. 681, a bill to help ensure 837, a bill to amend the Internal Rev- Human Services provides appropriate general aviation aircraft access to Fed- enue Code of 1986 to provide a safe har- guidance to physicians, providers of eral land and to the airspace over that bor for determining that certain indi- services, and ambulance providers that land. viduals are not employees. are attempting to properly submit S. 697 S. RES. 75 claims under the medicare program to At the request of Mr. HATCH, the At the request of Mr. HUTCHINSON, ensure that the Secretary does not tar- name of the Senator from Virginia (Mr. the names of the Senator from Virginia get inadvertent billing errors. ALLEN) was added as a cosponsor of S. (Mr. WARNER) and the Senator from S. 488 697, a bill to modernize the financing of Tennessee (Mr. THOMPSON) were added At the request of Mr. ALLEN, the the railroad retirement system and to as cosponsors of S. Res. 75, a resolution names of the Senator from Montana provide enhanced benefits to employees designating the week begining May 13, (Mr. BURNS) and the Senator from Ar- and beneficiaries. 2001, as ‘‘National Biotechnology kansas (Mr. HUTCHINSON) were added as At the request of Mr. BAUCUS, the Week.’’ cosponsors of S. 488, a bill to amend the names of the Senator from Hawaii (Mr. AMENDMENT NO. 356 Internal Revenue Code of 1986 to pro- INOUYE) and the Senator from Nevada At the request of Mr. CORZINE, the vide for a refundable education oppor- (Mr. REID) were added as a cosponsors name of the Senator from Iowa (Mr. tunity tax credit. of S. 697, supra. HARKIN) was added as a cosponsor of S. 500 S. 772 amendment No. 356 intendent to be At the request of Mr. BURNS, the At the request of Ms. COLLINS, the proposed to S. 1, an original bill to ex- name of the Senator from Georgia (Mr. name of the Senator from Maine (Ms. tend programs and activities under the CLELAND) was added as a cosponsor of SNOWE) was added as a cosponsor of S. Elementary and Secondary Education S. 500, a bill to amend the Communica- 772, a bill to permit the reimbursement Act of 1965. tions Act of 1934 in order to require the of the expenses incurred by an affected AMENDMENT NO. 378 Federal Communications Commission State and units of local government for At the request of Mrs. MURRAY, the to fulfill the sufficient universal serv- security at an additional non-govern- names of the Senator from Montana ice support requirements for high cost mental property to be secured by the (Mr. BAUCUS), the Senator from Dela- areas, and for other purposes. Secret Service for protection of the ware (Mr. BIDEN), the Senator from S. 540 President for a period of not to exceed New Mexico (Mr. BINGAMAN), the Sen- At the request of Mr. DEWINE, the 60 days each fiscal years. ator from New York (Mrs. CLINTON), names of the Senator from North Da- S. 778 the Senator from New Jersey (Mr. kota (Mr. DORGAN) and the Senator At the request of Mr. HAGEL, the CORZINE), the Senator from Con- from Nevada (Mr. REID) were added as name of the Senator from Illinois (Mr. necticut (Mr. DODD), the Senator from cosponsors of S. 540, a bill to amend the FITZGERALD) was added as a cosponsor Wisconsin (Mr. FEINGOLD), the Senator Internal Revenue Code of 1986 to allow of S. 778, a bill to expand the class of from Iowa (Mr. HARKIN), the Senator as a deduction in determining adjusted beneficiaries who may apply for adjust- from Massachusetts (Mr. KENNEDY), the gross income the deduction for ex- ment of status under section 245(i) of Senator from Rhode Island (Mr. REED), penses in connection with services as a the Immigration and Nationality Act and the Senator from Minnesota (Mr. member of a reserve component of the by extending the deadline for classi- WELLSTONE) were added as cosponsors Armed Forces of the United States, to fication petition and labor certifi- of amendment No. 378, supra. allow employers a credit against in- cation filings. f come tax with respect to employees who participate in the military reserve S. 797 STATEMENTS ON INTRODUCED components, and to allow a comparable At the request of Mr. GRAMM, the BILLS AND JOINT RESOLUTIONS credit for participating reserve compo- name of the Senator from Florida (Mr. By Mr. BIDEN (for himself and NELSON, of Florida) was added as a co- nent self-employed individuals, and for Mr. MCCONNELL): other purposes. sponsor of S. 797, a bill to amend the S. 840. A bill to amend title I of the Internal Revenue Code of 1986 to pro- S. 543 Omnibus Crime Control and Safe vide equitable treatment for associa- At the request of Mr. DOMENICI, the Streets Act of 1968 to provide standards name of the Senator from Utah (Mr. tions which prepare for or mitigate the and procedures to guide both State and BENNETT) was added as a cosponsor of effects of natural disasters. local law enforcement agencies and law S. 543, a bill to provide for equal cov- S. 805 enforcement officers during internal erage of mental health benefits with At the request of Mr. WELLSTONE, the investigations, interrogation of law en- respect to health insurance coverage name of the Senator from New Jersey forcement officers, and administrative unless comparable limitations are im- (Mr. TORRICELLI) was added as a co- disciplinary hearings, to ensure ac- posed on medical and surgical benefits. sponsor of S. 805, a bill to amend the countability of law enforcement offi- S. 549 Public Health Service Act to provide cers, to guarantee the due process At the request of Mr. CRAPO, the for research with respect to various rights of law enforcement officers, and name of the Senator from Mississippi forms of muscular dystrophy, including to require States to enact law enforce- (Mr. COCHRAN) was added as a cospon- Duchenne, Becker, limb girdle, con- ment discipline, accountability, and sor of S. 549, a bill to ensure the avail- genital, facioscapulohumeral, due process laws; to the Committee on ability of spectrum to amateur radio myotonic, oculopharyngeal, distal, and the Judiciary. operators. emery-dreifuss muscular dystrophies. Mr. MCCONNELL. Mr. President, in S. 677 S. 830 ‘‘The Federalist No. 3,’’ John Jay wrote At the request of Mr. HATCH, the At the request of Mr. CHAFEE, the that ‘‘[a]mong the many objects to name of the Senator from Virginia (Mr. name of the Senator from New York which a wise and free people find it WARNER) was added as a cosponsor of S. (Mrs. CLINTON) was added as a cospon- necessary to direct their attention, 677, a bill to amend the Internal Rev- sor of S. 830, a bill to amend the Public that of providing for their safety seems enue Code of 1986 to repeal the required Health Service Act to authorize the Di- to be the first.’’ Such is the importance use of certain principal repayments on rector of the National Institute of En- that our nation historically has placed mortgage subsidy bond financing to re- vironmental Health Sciences to make on the maintenance of law and order. deem bonds, to modify the purchase grants for the development and oper- And our law enforcement officers, price limitation under mortgage sub- ation of research centers regarding en- whom our country has charged with sidy bond rules based on median family vironmental factors that may be re- carrying out this primary responsi- income, and for other purposes. lated to the etiology of breast cancer. bility, shoulder a weighty, and often S. 681 S. 837 times dangerous, burden. In 1999 alone, At the request of Mr. CRAPO, the At the request of Mr. BOND, the name one hundred and thirty-four law en- name of the Senator from Oregon (Mr. of the Senator from Oklahoma (Mr. forcement officers fell in the line of

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4510 CONGRESSIONAL RECORD — SENATE May 8, 2001 duty, making the ultimate sacrifice to While this bill would protect the men ness would pay the same 20 percent co- protect our communities. and women who serve on the front lines insurance required of Medicare pa- While most Americans are aware of our nation’s war against crime, it tients seeking treatment for any other that their police officers work in a dan- would not do so at the cost of citizen illnesses. gerous environment, many Americans accountability. Just the opposite. It Let’s look at this issue in another do not know that in enforcing the laws would strengthen the ability of indi- way. If a Medicare patient has an office that exist to protect us all, these offi- vidual citizens to hold accountable visit for treatment for cancer or heart cers, themselves, often are denied basic those few officers who misuse their au- disease, the patient is responsible for 20 legal protections in internal investiga- thority. Specifically, as NAPO notes, percent of the doctor’s fee. But if a tions and administrative hearings and ‘‘[o]ften police departments lack any Medicare patient has an office visit are penalized for exercising their free guidelines and procedures for handling with a psychiatrist, psychologist, so- speech and associational rights. They and investigating complaints, thus cial worker, or other professional for live in fear of being investigated with- raising doubts about officer account- treatment for depression, schizo- out notice, interrogated without an at- ability.’’ This bill will fill that void phrenia, or any other condition diag- torney, and dismissed without a hear- and thereby go a long way to dispelling nosed as a mental illness, the co-insur- ing, often times at the behest of some such doubts. By establishing, as the ance for the outpatient visit for treat- recently arrested criminal looking for FOP observes, ‘‘an effective means for ment of the mental illness is 50 per- a payback. In short, many officers do the receipt, review and investigation of cent. What sense does this make? not enjoy the same basic due process public complaints against law enforce- Indeed, my bill has a larger purpose, and First Amendment rights as does ment officers that is fair and equitable to help end an outdated distinction be- the criminal element from which they to all parties,’’ this bill ensures that le- tween physical and mental disorders, are trying to protect us. gitimate citizen complaints against po- and ensure that Medicare beneficiaries According to the National Associa- lice officers will be actively inves- have equal access to treatment for all tion of Police Organizations, Inc., tigated and that citizens will be in- conditions. NAPO, ‘‘[i]n roughly half of the states formed of the progress and outcome of Perhaps this disparity would matter in this country, officers enjoy some those investigations. It thus strikes an less if mental disorders were not so legal protections against false accusa- appropriate balance: the bill makes prevalent. But the Surgeon General has tions and abusive conduct, but hun- sure that every police officer has basic told us otherwise. The importance of dreds of thousands of officers have very fundamental procedural rights, while access to treatment for mental dis- limited due process and First Amend- at the same time ensuring that citizens orders is emphasized in a landmark re- ment rights and confront limitations have the opportunity to raise legiti- port on mental health released by the on their exercise of those and other mate complaints and concerns about Surgeon General in 1999. The Surgeon rights.’’ And according to the Fra- police officer conduct. General reported mental illness was ternal Order of Police, FOP, ‘‘[i]n a This legislation is the product of second only to cardiovascular diseases startling number of jurisdictions much hard work and continual refine- in years of healthy life lost to either throughout this country, law enforce- ments by leading law enforcement premature death or disability. And the ment officers have no procedural or ad- groups, most notably the FOP and the occurrence of mental illness among ministrative protections whatsoever; NAPO. They have both strongly en- older adults is widespread. Upwards of in fact, they can be, and frequently are, dorsed it, and, like Senator BIDEN and 20 percent of older adults in the com- summarily dismissed from their jobs me, will work hard for its enactment. munity and an even higher percentage without explanation. Officers who lose Over the years, Senator BIDEN and I, in in primary care settings experience their careers due to administrative or conjunction with these groups, have symptoms of depression. Older Ameri- political expediency almost always find made similar efforts to protect the cans have the highest rate of suicide in it impossible to find new employment men and women who protect us. While the country, and the risk of suicide in- in public safety. An officer’s reputa- we have not yet been successful, we re- creases will age. Untreated depression tion, once tarnished by accusation, is main undeterred and will continue among the elderly substantially in- almost impossible to restore.’’ In short, working toward our goal. The time has creases the risk of death by suicide. a trumped-up charge against a police come to give our law enforcement offi- There is another sad irony. While officer can result in a lifetime sentence cers the basic and fundamental rights Medicare is often viewed as health in- of a damaged career and reputation. that they desperately deserve. We urge surance for people over age 65, Medi- It is time for our Nation to end this our colleagues to join us in this very care also provides health insurance sorry situation. We must make sure worthy effort. coverage for people with severe disabil- that every member of law enforcement, ities. The single most frequent cause of in every jurisdiction in the country, is By Ms. SNOWE (for herself and disability for Social Security and able to participate in the political Mr. KERRY): Medicare benefits is mental disorders— process without fear of retaliation and S. 841. A bill to amend title XVIII of affecting almost 1.4 million of 6 million is able to do his or her job without the Social Security Act to eliminate Americans who receive Social Security wondering whether they can defend discriminatory copayment rates for disability benefits. Yet, at the same themselves if their performance is outpatient psychiatric services under time, Medicare pays less for critical scrutinized. To this end, I am proud to the Medicare Program; to the Com- mental health services needed by these rise today with Senator BIDEN to intro- mittee on Finance. beneficiaries than if they had a non- duce the ‘‘Law Enforcement Discipline, Ms. SNOWE. Mr. President, I rise mental disorder. Accountability, and Due Process Act of today to introduce the Medicare Men- But there is also the very good news 2001.’’ This bill would guarantee due tal Illness Non-Discrimination Act that there are increasingly effective process rights to every police officer with my colleague on the Finance treatments for mental illnesses. With who is subject to investigation for non- Committee, Senator JOHN KERRY. proper treatment, the majority of peo- criminal disciplinary action, and it In brief, my bill would a correct a se- ple with a mental illness can lead pro- would protect them from retribution rious disparity in payment for treat- ductive lives. Yet because of fears of on the job for participating in the po- ment of mental disorders under Medi- stigma and a lack of understanding of litical process while off the job. Some care law. Medicare beneficiaries typi- mental disorders, too often mental dis- of these protections are: the right to be cally pay 20 percent coinsurance for orders go untreated. Our payment poli- informed of administrative charges most outpatient services, including cies should not provide another barrier prior to being questioned; the right to doctor’s visits. Medicare pays the re- to access to care. be advised of the results of an inves- maining 80 percent. But for treatment I urge my colleagues to join with me tigation; the right to a hearing, as well of mental disorders, Medicare law re- to bring Medicare payment policy for as an opportunity to respond; and the quires patients pay 50-percent coinsur- mental disorders into the 21st century. right to be represented by counsel or ance. Under my bill, patients seeking Mr. KERRY. Mr. President, I am another representative. outpatient treatment for mental ill- pleased to join my colleague Senator

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4511 SNOWE in introducing the Medicare be housed in facilities managed and ity, run by a private prison corpora- Mental Illness Non-Discrimination Act. maintained by Federal, State, or local tion, had unsecured razors, obstructed This legislation will establish mental governments; to the Committee on the views into individual cells, and an un- health care parity in the Medicare pro- Judiciary. supervised inmate using a computer gram. Mr. FEINGOLD. Mr. President, I rise lab labeled ‘‘staff only.’’ Medicare currently requires patients today to introduce the Public Safety Proponents of prison privatization to pay a 20 percent co-payment for all Act. This bill will prohibit the place- claim that private prison operators Part B services except mental health ment of Federal prisoners in facilities save taxpayers money. But this has care services, for which patients are as- run by private companies and deny never been confirmed. In fact, two gov- sessed a 50 percent co-payment. Thus, specified Federal funds to State and ernment studies raise significant doubt under the current system, if a Medicare local governments that contract with about whether private prisons save patient sees an endocrinologist for dia- private companies to manage their money. One study conducted by the betes treatment, an oncologist for can- prisons. Incarceration, or the depriva- GAO stated that there is a lack of cer treatment, a cardiologist for heart tion of a person’s liberty, is the penul- ‘‘substantial evidence that savings disease treatment or an internist for timate control a State exercises over have occurred’’ due to prison privatiza- treatment of the flu, the co-payment is its citizens. That authority should not tion. A second study completed by the 20 percent of the cost of the visit. If, be delegated to any private, for-profit Federal Bureau of Prisons arrived at however, a Medicare patient visits a entity. We must restore responsibility the same result: there is no strong evi- psychiatrist for treatment of mental for public safety and security to our dence to show that States save money illness, the co-payment is 50 percent of Federal, state and local governments. by using private prisons. the cost of the visit. This disparity in As our nation has confronted prison Private prison companies are guided by the same business principles as outpatient co-payment represents bla- overcrowding in recent years, private other corporations. Their goal is to tant discrimination against Medicare companies have stepped in to help com- make a profit and, in turn, please offi- beneficiaries with mental illness. munities address this issue by claiming The prevalence of mental illness in they could alleviate bed shortages and cers and shareholders. This profit mo- older adults is considerable. According manage prisons more cost effectively tive is inappropriate when the safety and security of guards and our commu- to the U.S. Surgeon General, 20 percent than governments. But private compa- nities are threatened by prison vio- of older adults in the community and nies and governments do not share the same goals with respect to corrections. lence and escapees. 40 percent of older adults in primary Unfortunately, we have seen this care settings experience symptoms of Federal, State and local governments are motivated by public safety and jus- cost-cutting turn into cutting corners depression, while as many as one out of on public safety. Cutting corners every two residents in nursing homes tice, while private companies are motivated by a desire to cut costs and make means hiring unqualified and untrained are at risk of depression. The elderly corrections personnel, as well as under- a profit. Today, some 120,000 of our na- have the highest rate of suicide in the staffing facilities. Furthermore, when tion’s 2 million total jail and prison United States, and there is a clear cor- prison riots break out or inmates es- beds are provided by private for-profit relation between major depression and cape, these costs are not cut but in- companies. As reports of escapes, riots, suicide: 60 to 70 percent of suicides stead are shifted to the taxpayers, who prisoner violence, lack of adequate among patients 75 and older have must foot the bill for U.S. Marshals, medical care and abuse by staff in pri- diagnosable depression. In addition to sheriffs or local police or other officials vate prisons abound, many have begun our seniors, 400,000 non-elderly disabled to step in and clean up the mess. Medicare beneficiaries become Medi- to question the wisdom and propriety Private prison corporations make care-eligible by virtue of severe and of delegating this essential government money when they house more inmates persistent mental disorders. To subject function to private companies. and provide fewer services. The result the mentally disabled to discrimina- At a prison in Youngstown, OH run is that prisoners are deprived of the re- tory costs in coverage for the very con- by a private company, 20 inmates were habilitation, education, and training ditions for which they became Medi- stabbed, two fatally, within a ten that make it less likely that they will care eligible is illogical and unfair. month period shortly after the prison commit more crimes after they have There is ample evidence that mental opened in May 1997. After the company served their time. This drive to keep illness can be treated. Unfortunately, claimed it had addressed the problem, ‘‘beds filled’’ is especially troubling be- among the general population, those in six inmates, four of them murderers, cause it adversely affects our nation’s need for treatment often do not seek it cut a hole in a fence during recreation African American community, which is because they are ashamed of their con- time and escaped in broad daylight. A already over-represented in the prison dition. Among our Medicare popu- report released in 1998 by the U.S. De- system. lation, the mentally ill face a double partment of Justice cited inexperi- The legislation I introduce today, burden: not only must they overcome enced and poorly trained officers and The Public Safety Act, addresses these the stigma about their illness, but once resulting excessive use of force at this concerns. It prohibits the Federal gov- they seek treatment they must pay Youngstown facility. The Justice De- ernment from delegating responsibility one-half of the cost of care out of their partment also noted that the company for incarceration of inmates to private own pocket. The Medicare Mental Ill- failed to recognize its responsibilities entities. The bill also conditions Fed- ness Non-Discrimination Act will as a correctional service provider and eral prison funds to states upon their eliminate the 50 percent co-payment its reluctance to accept blame for the agreement to retain responsibility for for mental health care services. By ap- unconstitutional conditions of confine- the incarceration of inmates and not plying the same 20 percent co-payment ment at the prison. In 1999, the prison contract out this solemn responsibility rate to mental health services to which company paid $1.65 million to settle a to private companies. Governments all other outpatient services are sub- class action lawsuit brought by in- may contract with private vendors to jected, the Medicare Mental Illness mates who complained that, among provide auxiliary services such as food Non-Discrimination Act will bring par- other things, the prison provided inad- or clothing, but governments would be ity to the Medicare program and im- equate medical care and that guards prohibited from contracting out the prove access to care for our senior and were abusive. core correctional responsibility of disabled beneficiaries who are living Unfortunately, the problems that housing, safeguarding, protecting or with mental illness. plague the Youngstown facility are not disciplining inmates. unique. A private prison in Whiteville, Correctional officers have joined to- By Mr. FEINGOLD: TN, which houses many inmates from gether with other government em- S. 842. Bill to ensure that the incar- my home state of Wisconsin, has expe- ployee groups and criminal justice ac- ceration of inmates is not provided by rienced a hostage situation, an assault tivists to support this legislation. The private contractors or vendors and that of a guard, and a coverup to hide phys- bill’s supporters include the American persons charged or convicted of an of- ical abuse of inmates by guards. A se- Federation of State, County and Mu- fense against the United States shall curity inspection found that this facil- nicipal Employees, AFSCME, the

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4512 CONGRESSIONAL RECORD — SENATE May 8, 2001 American Federation of Government (b) EFFECTIVE DATE.—Subsection (a) shall trol and Prevention, CDC, drug injec- Employees, AFGE, the International apply to grant funds received after the date tions are one of the most common Union of Police Associations, the Fra- of enactment of this Act. modes of transmission of the AIDS (c) EFFECT ON EXISTING CONTRACTS.— ternal Order of Police and the Amer- (1) IN GENERAL.—Except as provided in virus. ican Civil Liberties Union. paragraph (2), subsection (a) shall not apply In an effort to combat this problem, Let us restore safety and security to to a contract in effect on the date of the en- before stepping down as America’s the many Americans who work in pris- actment of this Act between a grantee and a Drug Czar, General Barry McCaffrey ons. Let us protect the communities private contractor or vendor to provide core outlined in his final report that the that support prisons. And let us ensure correctional services related to correctional prescription for solving America’s drug the rehabilitation and safety of the in- facilities or the incarceration of inmates. problem was: ‘‘prevention coupled with dividuals housed there so that they (2) RENEWALS AND EXTENSIONS.—Subsection (a) shall apply to renewals or extensions of treatment accompanied by research.’’ may return to society as productive Despite the recognition that sub- law-abiding citizens. I urge my col- an existing contract entered into after the date of the enactment of this Act. stance abuse treatment should be on leagues to join me in support of the (d) DEFINITION.—For purposes of this sec- the Nation’s agenda, there is still a Public Safety Act. tion, the term ‘‘core correctional service’’ large gap between those in need of drug I ask unanimous consent that the means the housing, safeguarding, protecting, treatment and the availability of treat- text of the bill be printed in the and disciplining of persons charged or con- ment programs. Thus, when substance victed of an offense. RECORD. abusers finally do seek treatment, they There being no objection, the bill was SEC. 4. ENHANCING PUBLIC SAFETY AND SECU- are often turned away because of long ordered to be printed in the RECORD, as RITY IN THE DUTIES OF THE BU- REAU OF PRISONS. waiting lists. follows: Section 4042(a) of title 18, United States The numbers are shocking. While S. 842 Code, is amended— some substance abusers are not seeking Be it enacted by the Senate and House of Rep- (1) by redesignating paragraph (5) as para- treatment, many are, and are being resentatives of the United States of America in graph (7); turned away. In California, for exam- Congress assembled, (2) by striking ‘‘and’’ at the end of para- SECTION 1. SHORT TITLE. graph (4); and ple, 60 percent of all facilities that This Act may be cited as the ‘‘Public Safe- (3) by inserting after paragraph (4) the fol- maintain a waiting list have an aver- ty Act’’. lowing: age of 23 people on their list on any SEC. 2. FINDINGS. ‘‘(5) provide that any penal or correctional given day. The Congress finds the following: facility or institution except for nonprofit Nationwide, there are over 5 million (1) The issues of safety, liability, account- community correctional confinement, such substance abusers, yet less than half ability, and cost are the paramount issues in as halfway houses, confining any person con- are receiving treatment for their drug running corrections facilities. victed of offenses against the United States, problems, leaving over 2.8 million peo- (2) In recent years, the privatization of fa- shall be under the direction of the Director cilities for persons previously incarcerated of the Bureau of Prisons and shall be man- ple in need of treatment. This is unac- by governmental entities has resulted in fre- aged and maintained by employees of Fed- ceptable. quent escapes by violent criminals, riots re- eral, State, or local governments; In order to address this problem, I sulting in extensive damage, prisoner vio- ‘‘(6) provide that the housing, safe- strongly believe that along with in- lence, and incidents of prisoner abuse by guarding, protection, and disciplining of any creased funding for law enforcement, staff. person charged with or convicted of any of- especially those proven programs run (3) In some instances, the courts have pro- fense against the United States, except such in jails and prisons, it is also necessary hibited the transfer of additional convicts to persons in community correctional confine- to provide additional funding for treat- private prisons because of the danger to pris- ment such as halfway houses, will be con- ment programs. Indeed, I believe that oners and the community. ducted and carried out by individuals who (4) Frequent escapes and riots at private are employees of Federal, State, or local enforcement and treatment are critical facilities result in expensive law enforce- governments; and’’. elements of an effective comprehensive ment costs for State and local governments. drug control policy. (5) The need to make profits creates incen- By Mrs. BOXER: To meet that goal, however, will re- tives for private contractors to underfund S. 843. A bill to provide assistance to quire additional investment. Through mechanisms that provide for the security of States to expand and establish drug the Substance Abuse Mental Health the facility and the safety of the inmates, abuse treatment programs to enable Services Administration, SAMHSA, the corrections staff, and neighboring commu- such programs to provide services to Federal Government currently provides nity. individuals who voluntarily seek treat- over $2 billion to states and local enti- (6) The 1997 Supreme Court ruling in Rich- ment for drug abuse; to the committee ardson v. McKnight that the qualified immu- ties for drug treatment programs, and nity that shields State and local correctional on Health, Education, Labor, and Pen- total Federal spending in this area is officers does not apply to private prison per- sions. just over $3 billion. Yet, this is not sonnel, and therefore exposes State and local Mrs. BOXER. Mr. President, today I enough to get people the help they governments to liability for the actions of am introducing the Treatment on De- need when they need it. private corporations. mand Assistance Act to help ensure For this reason, I am introducing the (7) Additional liability issues arise when that substance abuse treatment is Treatment on Demand Assistance Act. inmates are transferred outside the jurisdic- available to all substance abusers who tion of the contracting State. Congressman Cal Dooley will introduce seek it. a companion measure in the House. (8) Studies on private correctional facili- According to the Department of My bill would double the Federal ties have been unable to demonstrate any Health and Human Services, each year government’s funding for drug treat- significant cost savings in the privatization drug and alcohol related abuse kills of corrections facilities. ment over five years, to $6 billion in (9) The imposition of punishment on errant more than 120,000 Americans. In 1999, an estimated 14.8 million Americans fiscal year 2006. citizens through incarceration requires State Current treatment on demand pro- and local governments to exercise their coer- were illicit drug users, with nearly 5 million of them addicted to drugs. grams focus on the specific drug abuse cive police powers over individuals. These needs of the local community. For in- powers, including the authority to use force Drugs and alcohol abuse costs tax- over a private citizen, should not be dele- payers nearly $276 billion annually in stance, in San Francisco and Califor- gated to another private party. preventable health care costs, extra nia’s Central Valley, methamphet- SEC. 3. ELIGIBILITY FOR GRANTS. law enforcement, auto crashes, crime amine abuse is especially problematic (a) IN GENERAL.—To be eligible to receive a and lost productivity. and continues to be on the rise. In grant under subtitle A of title II of the Vio- Additionally, the detrimental effect other cities, cocaine abuse or mari- lent Crime Control and Law Enforcement of substance abuse manifests itself in juana is the drug of choice. Treatment Act of 1994, an applicant shall provide assur- numerous ways. For instance, sub- programs should be targeted to address ances to the Attorney General that if se- these local epidemics. lected to receive funds under such subtitle stance abuse is often the root behind the applicant shall not contract with a pri- family violence and other criminal ac- That is why the additional funding in vate contractor or vendor to provide core tivity. this bill is provided through SAMHSA’s correctional services related to the incarcer- Even more devastating is that ac- Center for Substance Abuse Treatment ation of an inmate. cording to the Centers for Disease Con- and gives the Center the flexibility to

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4513 target funds where they are needed (7) This number exceeds the 2,137,100 per- tities and Indian tribes and tribal organiza- most. Of the $3 billion in additional sons receiving treatment. tions; and funding set aside, 50 percent is provided (8) Recent reports indicate that every addi- ‘‘(2) award block grants to States; in the form of formula grants to tional dollar invested in substance abuse for the purpose of providing substance abuse treatment saves taxpayers $7.46 in societal treatment services. States, and 50 percent is reserved for costs. ‘‘(b) ELIGIBILITY.— direct grants to treatment centers. (9) In California, the average cost to tax- ‘‘(1) IN GENERAL.—To be eligible to receive The Treatment on Demand Assist- payers per inmate, per year, is $23,406 versus a grant, contract, or cooperative agreement ance Act would also reward states that the national average cost of $4,300 for a full under subsection (a) an entity or a State have instituted a policy of providing treatment program. shall provide assurances to the Secretary substance abuse treatment to non-vio- (10) Drugs and alcohol cost taxpayers near- that amounts received under such grant, lent drug offenders as an alternative to ly $276,000,000,000 annually in preventable contract, or agreement will only be used for substance abuse treatment programs that prison, as California recently did with health care costs, extra law enforcement, auto crashes, crime and lost productivity have been certified by the State as using li- the enactment of Proposition 36. The versus $3,100,000,000 appropriated for sub- censed or certified providers. bill authorizes $250 million per year for stance abuse-related activities in fiscal year ‘‘(2) APPLICATION.—An entity or State de- five years to provide matching grants 2000. siring a grant, contract, or cooperative to states. These funds could be used to (11) Nationwide, 59 percent of police chiefs agreement under subsection (a) shall submit help pay for treatment as well as to believe that drug offenders are served better an application to the Secretary at such time, provide other elements of a comprehen- by participation in treatment programs in such manner, and accompanied by such in- versus prisons only. formation as the Secretary may reasonably sive anti-drug abuse program for non- require. violent offenders, including drug test- (12) Current treatment on demand programs such as those in San Francisco and ‘‘(3) PRIORITY.—In awarding grants, con- ing, drug courts and probation services. Baltimore focus on the specific drug abuse tracts, or cooperative agreements to entities In order to ensure that the funding is needs of the local community and should be under subsection (a)(1), the Secretary shall being effectively distributed, the bill encouraged. give priority to applicants who propose to would require the General Accounting (13) Many States have developed programs eliminate the waiting lists for substance Office to monitor the program during designed to treat non-violent drug offenders abuse treatment on demand programs in the 2nd and 4th year of the grant pro- and this should be encouraged. local communities with high incidences of (14) Drug treatment prevention programs drug use. grams. ‘‘(c) AMOUNT.— Already, there is a groundswell of in- must be increased in order to effectively address the needs of those actively seeking ‘‘(1) PUBLIC AND PRIVATE NONPROFIT ENTI- terest in this bill, with over 100 organi- treatment before they commit a crime. TIES.—The amount of each grant, contract, zations from both the treatment and or cooperative agreement awarded to a pub- SEC. 3. PURPOSE. lic or private nonprofit entity under sub- law enforcement community actively It is the purpose of this Act to— section (a)(1) shall be determined by the Sec- supporting it. If groups as diverse as (1) assist individuals who seek the services retary based on the application submitted by of drug abuse treatment programs by pro- the California Sheriff’s Association, such an entity. viding them with treatment on demand; the California Public Defenders Asso- ‘‘(2) STATES.—The amount of a block grant (2) provide assistance to help eliminate the ciation and the National Association of awarded to a State under subsection (a)(2) backlog of individuals on waiting lists to ob- Social Workers can come together, shall be determined by the Secretary based tain drug treatment for their addictions; then surely we can find the funding on the formula contained in section 1933. (3) enhance public safety by reducing drug- ‘‘(d) DURATION OF GRANTS.—The Secretary necessary to invest in substance abuse related crimes and preserving jails and pris- treatment. Recent studies indicate shall award grants, contracts, or cooperative on cells for serious and violent criminal of- agreements under subsection (a) for periods that for every additional dollar in- fenders; not to exceed 5 fiscal years. vested in substance abuse treatment (4) complement the efforts of law enforce- ‘‘(e) REQUIREMENT OF MATCHING FUNDS.— taxpayers would save $7.46 in societal ment by providing additional funding to ex- ‘‘(1) IN GENERAL.—Subject to paragraph (3), costs. Clearly, such an investment is pand current community-based treatment ef- the Director may not make a grant, contract worthwhile, and I urge my colleagues forts and prevent the recidivism of those cur- or cooperative agreement under subsection to support treatment on demand. rently in the correctional system; and (a) unless the entity or State involved (5) assist States in the implementation of I ask unanimous consent that the agrees, with respect to the costs of the pro- alternative drug treatment programs that gram to be carried out by the entity or State text of the bill and the list of endorsers divert non-violent drug offenders to treat- pursuant to such subsection, to make avail- be printed in the RECORD. ment programs that are more suited for the able (directly or through donations from There being no objection, the mate- rehabilitation of drug offenders. public or private entities) non-Federal con- rial was ordered to be printed in the SEC. 4. DEFINITIONS. tributions toward such costs in an amount RECORD, as follows: In this Act: that is— S. 843 (1) NON-VIOLENT.—The term ‘‘non-violent’’ ‘‘(A) for the first fiscal year for which the with respect to a criminal offense means an entity or State receives such a grant, con- Be it enacted by the Senate and House of Rep- offense that is not a crime of violence as de- tract or cooperative agreement, not less resentatives of the United States of America in fined under the applicable State law. than $1 for each $9 of Federal funds provided Congress assembled, (2) SECRETARY.—The term ‘‘Secretary’’ in the grant, contract or cooperative agree- SECTION 1. SHORT TITLE. means the Secretary of Health and Human ment; This Act may be cited as the ‘‘Treatment Services. ‘‘(B) for any second or third such fiscal on Demand Assistance Act’’. (3) STATE.—The term ‘‘State’’ means each year, not less than $1 for each $5 of Federal SEC. 2. FINDINGS. of the 50 States, the District of Columbia and funds provided in the grant, contract or co- Congress makes the following findings: the Commonwealth of Puerto Rico. operative agreement; and (1) According to the Department of Health SEC. 5. GRANTS FOR THE EXPANSION OF CAPAC- ‘‘(C) for any subsequent such fiscal year, and Human Services, each year drug and al- ITY FOR PROVIDING TREATMENT. not less than $1 for each $3 of Federal funds cohol related abuse kills more than 120,000 Subpart 1 of part B of title V of the Public provided in the grant, contract or coopera- Americans. Health Service Act (42 U.S.C. 290bb et seq.), tive agreement. (2) In 1999, an estimated 14,800,000 Ameri- as amended by sections 3104 and 3632 of the ‘‘(2) DETERMINATION OF AMOUNT OF NON-FED- cans were current illicit drug users. Youth Drug and Mental Health Services Act ERAL CONTRIBUTION.—Non-Federal contribu- (3) States across the country are faced (Public Law 106-310), is amended— tions required in paragraph (1) may be in with increasing demands for drug treatment (1) by redesignating the section 514 relat- cash or in kind, fairly evaluated, including programs. ing to the methamphetamine and amphet- plant, equipment, or services. Amounts pro- (4) In addition, methamphetamine abuse amine treatment initiative as section 514B vided by the Federal Government, or services continues to be on the rise. Methamphet- and inserting such section after section 514A; assisted or subsidized to any significant examine abuse accounts for 5.1 percent of all and tent by the Federal Government, may not be treatment admissions, which was the fourth (2) and by adding at the end the following: included in determining the amount of such highest percentage after cocaine, heroin, and ‘‘SEC. 514C. TREATMENT ON DEMAND. non-Federal contributions. marijuana. ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(3) WAIVER.—The Director may waive the (5) Current statistics show that meth- through the Director of the Center for Sub- requirement established in paragraph (1) if amphetamine use is increasing rapidly espe- stance Abuse Treatment, shall— the Director determines— cially among the nation’s youth. ‘‘(1) award grants, contracts, or coopera- ‘‘(A) that extraordinary economic condi- (6) There are over 2,800,000 substance abus- tive agreements to public and private non- tions in the area to be served by the entity ers in America in need of treatment. profit entities, including Native Alaskan en- or State involved justify the waiver; or

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4514 CONGRESSIONAL RECORD — SENATE May 8, 2001 ‘‘(B) that other circumstances exist with unless the State agrees that, with respect to Tom Sawyer, Sheriff-Corner, Merced Coun- respect to the entity or State that justify the costs to be incurred by the State in car- ty. the waiver, including the limited size of the rying out the drug treatment program in- Larry D. Smith, Sheriff, Riverside County. entity or State or the ability of the entity or volved, the State will make available (di- DISTRICT ATTORNEYS State to raise funds. rectly or through donations from public or Terry R. Farmer, District Attorney, Hum- ‘‘(f) EVALUATION.—An entity or State that private entities) non-Federal contributions boldt County. receives a grant, contract, or cooperative toward such costs in an amount that is at Terence Hallinan, District Attorney, City agreement under subsection (a) shall submit, least equal to the amount of Federal funds and County of San Francisco. in the application for such grant, contract, provided to the State under this section. George W. Kennedy, District Attorney, or cooperative agreement, a plan for the (e) AUTHORIZATION OF APPROPRIATIONS.— Santa Clara County. evaluation of any project undertaken with There is authorized to carry out this section, Pete Knoll, District Attorney, Siskiyou funds provided under this section. Such enti- $250,000,000 for each of fiscal years 2002 County. ty or State shall provide the Secretary with through 2006. ELECTED AND APPOINTED OFFICIALS periodic evaluations of the progress of such SEC. 7. STUDY BY THE GENERAL ACCOUNTING project and such evaluation at the comple- OFFICE. Jane Brunner, Vice Mayor, Oakland. tion of such project as the Secretary deter- (a) IN GENERAL.—The General Accounting Patricia A. Campbell, Chair, Mendocino mines to be appropriate. Office shall conduct a study of the use of County Board of Supervisors. Ann K. Capela, County Executive Officer, ‘‘(g) USE FOR CONSTRUCTION.—A grantee funds under this Act and the amendments under this section may use up to 25 percent made by this Act. In conducting such study, Imperial County. of the amount awarded under the grant, con- the Office shall make determinations as to Illa Collin, Supervisor, Sacramento Coun- tract or cooperative agreement under this whether such funding meets, exceeds, or falls ty. Rosemary Corbin, Mayor, Richmond. section for the costs of construction or short of the level of funding needed to pro- Kelly F. Cox, Administrative Officer, Lake major renovation of facilities to be used to vide substance abuse treatment to those in County. provide substance abuse treatment services need. Shirley Dean, Mayor, Berkeley. and for facility maintenance. (b) REPORTS.—The General Accounting Of- Heather Fargo, Mayor, Sacramento. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— fice shall prepare and submit to the appro- Donna Gerber, Supervisor, Contra Costa ‘‘(1) IN GENERAL.—There are authorized to priate committees of Congress an interim County. be appropriated to carry out this section— and final report concerning the study con- Steven Gutierrez, Supervisor, San Joaquin ‘‘(A) $600,000,000 for fiscal year 2002; ducted under subsection (a). The reports re- County. ‘‘(B) $1,200,000,000 for fiscal year 2003; quired under this subsection shall be sub- James H. Harmon, Presiding Judge, Impe- ‘‘(C) $1,800,000,000 for fiscal year 2004; mitted— rial County Superior Court, Drug Court. ‘‘(D) $2,400,000,000 for fiscal year 2005; and (1) with respect to the interim report, not Anthony J. Intintoli, Jr., Mayor, Vallejo. ‘‘(E) $3,000,000,000 for fiscal year 2006. later than 2 years after the date of enact- Dave Jones, Councilmember, City of Sac- ‘‘(2) ALLOCATION OF FUNDS.—From the ment of this Act; and ramento. amount appropriated under paragraph (1) for (2) with respect to the final report, not Sandra Kellams, Mayor, City of Colfax. each fiscal year, the Secretary shall allo- later than 4 years after the date of enact- Marin County Board of Supervisors, Marin cate— ment of this Act. County. ‘‘(A) 50 percent of such amount to award Bonnie Pannell, Vice-Mayor, City of Sac- grants, contracts, or cooperative agreements SUPPORTERS OF THE TREATMENT ON DEMAND ramento. to public or nonprofit private entities under ASSISTANCE ACT Bill Simmons, Supervisor, County of Yuba. subsection (a)(1); and CHIEFS OF POLICE Sonoma County Board of Supervisors, ‘‘(B) 50 percent of such amount to award Ron Ace, Chief of Police, Concord. Sonoma County. grants to States under subsection (a)(2).’’. Robert J. Brennan, Chief of Police, Ath- John Woolley, Chair, Humboldt County SEC. 6. ALTERNATIVE TREATMENT PROGRAMS. erton. Board of Supervisors. (a) GRANTS.—The Attorney General, in Kenneth L. Becknell, Chief of Police, Bar- Christopher W. Yeager, Presiding Judge, consultation with the Secretary, shall award stow. Imperial County Superior Court. grants to eligible States to enable such James T. Butts, Jr., Chief of Police, Santa HEALTH AGENCIES States, either directly or through the provi- Monica. Beverly K. Abbott, Director, Mental sion of assistance to counties or local mu- Craig H. Calhoun, Chief of Police, Hay- Health Services, San Mateo Health Services. nicipalities, to provide drug treatment serv- ward. Gene Coleman, Chairperson, City-Wide Al- ices to individuals who have been convicted William E. Eldridge, Chief of Police, Liv- coholism Advisory Board, San Francisco. of non-violent drug possession offenses and ingston. Beverly R. Craig, R.N., J.D., Deputy Direc- diverted from incarceration because of the Robert S. Gonzales, Chief of Police, Santa tor of Community Health Services, Yuba enrollment of such individuals into commu- Paula. County. nity-based drug treatment programs. Tim Grimmond, Chief of Police, El Cheryl S. Davis, Director, Sacramento (b) ELIGIBILITY.—To be eligible to receive a Segundo. County Department of Human Assistance. grant under this section a State shall— Thomas R. Hitchock, Chief of Police, Bris- Ed Fisher, Assistant Director, Sutter (1) be implementing an alternative drug bane. County Human Services Department. treatment program under which any indi- J. Michael Klein, Chief of Police, Sand Yvonne Frazier, Director, Alcohol and vidual in the State who has been convicted City. Drug Services, San Mateo Health Services. of a non-violent drug possession offense may Fred H. Lau, Chief of Police, San Fran- Patricia Harrison, Community Chair, be enrolled in an appropriate drug treatment cisco. Treatment on Demand Planning Council, program as an alternative to incarceration; Joseph A. Santoro, Chief of Police, Fon- San Francisco. and tana. John Hoss, Assistant Director of Human (2) prepare and submit to the Secretary an Frank J. Scialdone, Chief of Police, Fon- Services, Sutter-Yuba Mental Health Serv- application at such time, in such manner, tana. ices. and containing such information as the Sec- Tom Tunson, Chief of Police, Calexico. James W. Hunt, Director, Sacramento retary may require. Arturo Venegas, Jr., Chief of Police, Sac- County Department of Health and Human (c) USE OF FUNDS.—Amounts provided to a ramento. Services. State under a grant under this section may Paul M. Walters, Chief of Police, Santa Dr. Mitchell Katz, Director of Health, City be used by the State (or by State or local en- Ana. and County of San Francisco. tities that receive funding from the State Roy W. Wasden, Chief of Police, Modesto. Terry Longoria, Director, Napa County under this section) to pay expenses associ- Richard L. Word, Chief of Police, Oakland. Health and Human Services. ated with— John Zapalac, Chief of Police, Woodlake. Donald R. Rowe, Director, Solano County (1) the construction of treatment facilities; SHERIFFS Health and Social Services Department. (2) payments to related drug treatment California State Sheriff’s Association. Warren T. Sherlock, Deputy Director, Al- services providers that are necessary for the Lee Baca, Sheriff, Los Angeles County. cohol & Drug Services, Imperial County. effectiveness of the program, including Harold D. Carter, Sheriff, Imperial County. Randy F. Snowden, Alcohol and Drug Pro- aftercare supervision, vocational training, Michael Hennessey, Sheriff, City and Coun- gram Administrator, Health & Human Serv- education, and job placement; ty of San Francisco. ices, Napa. (3) drug testing; Don Horsley, Sheriff, San Mateo County. William B. Walker, Director, Contra Costa (4) probation services; Dennis Lewis, Sheriff, Humboldt County. Health Services, Martinez. (5) counseling, including mental health Gary S. Penrod, Sheriff, San Bernardino Matonia Williams, President, Drug Abuse services; and County. Advisory Board, San Francisco. (6) the operation of drug courts. Charles C. Plummer, Sheriff, Alameda Donald L. Williamson, Vice Chair to the (d) MATCHING REQUIREMENT.—Funds may County. Board, Indian Valley Services District, not be provided to a State under this section E.G. Prieto, Sheriff-Coroner, Yolo County. Greenville.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4515 PUBLIC DEFENDERS Tarzana Treatment Centers, Tarzana. The use of modern technology to gen- Shane A. Gusman, Legislative Advocate, erate electricity from waste should not California Public Defenders Association. By Mr. CRAPO (for himself, Mr. be overlooked. The tax credit is a im- Barry Melton, Public Defender, Yolo Coun- HUTCHINSON, and Mr. HELMS): portant incentive to encourage its S. 845. A bill to amend the Internal ty. wider use. I encourage my colleagues Revenue Code of 1986 to include agri- Eluid M. Romero, Supervising Assistant to join me in this important initiative. Public Defender, Sacramento County. cultural and animal waste sources as a I ask unanimous consent that the text renewable energy resource; to the com- PROBATION OFFICERS of the bill and the amendment be print- David L. Lehman, Chief Probation Officer, mittee on Finance. Mr. CRAPO. Mr. President, I rise to ed in the RECORD. Humboldt County. There being no objection, the mate- introduce legislation that will encour- Steven H. Lyman, Chief Probation Officer, rial was ordered to be printed in the Siskiyou County Probation Department. age the expansion of an often over- RECORD, as follows: Christine Odom, Chief Probation Officer, looked domestic energy resource that Sutter County Probation Department. offers a source of revenue for our rural S. 845 Joseph S. Warchol II, Chief Probation Offi- communities and an avenue for cleanup Be it enacted by the Senate and House of Rep- cer, El Dorado County Probation Depart- of agricultural waste. I am pleased to resentatives of the United States of America in ment. Congress assembled, be joined by co-sponsors Senator ORGANIZATIONS AND CLINICS SECTION 1. MODIFICATIONS TO CREDIT FOR HUTCHINSON and Senator HELMS. ELECTRICITY PRODUCED FROM RE- Another Choice, Another Chance (ACAC), It has been well-publicized that our NEWABLE RESOURCES AND EXTEN- Sacramento. country faces mounting uncertainty in SION TO WASTE ENERGY. Asian American Drug Abuse Program, Inc., meeting our energy demands. After (a) EXPANSION OF QUALIFIED ENERGY RE- Los Angeles. SOURCES.— Asian Pacific Community Counseling, Sac- years of getting little attention, we are now in a period where the development (1) IN GENERAL.—Section 45(c)(1) of the In- ramento. ternal Revenue Code of 1986 (defining quali- Associated Students, Los Rios Community of domestic energy resources has fied energy resources) is amended by strik- College District. reached a crucial point. I support our ing subparagraph (C) and inserting the fol- Associated Student Government, Sac- efforts to diversify our energy supply lowing: ramento City College. resources to ensure our nation’s energy ‘‘(C) agricultural and animal waste Associated Students of UC Davis, Univer- security, support our business and agri- sources.’’. sity of California, Davis. cultural economies, and protect our in- (2) DEFINITIONS.—Section 45(c) of such Code Boyle Heights Recovery Center, Behavioral dividual consumers. This time of chal- (relating to definitions) is amended by add- Health Services, Los Angeles. ing at the end the following new paragraph: Building & Construction Trades Council, lenge also offers great opportunities. One of those is the opportunity to en- ‘‘(5) AGRICULTURAL AND ANIMAL WASTE Humboldt & Del Norte Counties. SOURCES.—The term ‘agricultural and animal California Association of Alcohol and Drug courage a largely untapped resource to waste sources’ means all waste heat, steam, Program Executives, Sacramento. provide domestic energy, while also and fuels produced from the conversion of Central Valley Health Network, Sac- promoting the protection of the envi- agricultural and animal wastes, including ramento. ronment and rural development. I am by-products, packaging, and any materials Community Coalition, Los Angeles. speaking about energy derived from ag- associated with the processing, feeding, sell- Community Service Programs, Santa Ana. ricultural and animal waste sources. ing, transporting, and disposal of agricul- County Alcohol and Drug Program Admin- Electricity from biomass and waste tural and animal products or wastes (such as istrators Association of California, Sac- sources using modern technology is a wood shavings, straw, rice hulls, and other ramento. renewable resource that can add to our bedding material for the disposition of ma- Detention Ministry and Inside Out Net- nure).’’. work, Napa. domestic energy supply. The process (b) EXTENSION AND MODIFICATION OF The Effort, Inc., Sacramento. uses manure and waste products that PLACED-IN-SERVICE RULES.—Section 45(c)(3) Fair Oaks Recovery Center, Fair Oaks. are heated and converted into biogas of the Internal Revenue Code of 1986 (defin- FamiliesFirst, Davis. that is burned to generate electricity, ing qualified facility) is amended by striking First A.M.E. Church (FAME), Los Angeles. which is sold into the power grid. This subparagraph (C) and inserting the following: Galt Community Concilio, Inc., Galt. technology is widely accepted in Eu- ‘‘(C) AGRICULTURAL AND ANIMAL WASTE FA- Gay & Lesbian Center, Los Angeles. rope where over 600 systems are in op- CILITY.—In the case of a facility using agri- Korean Youth & Community Center, Los eration today. In this country, the cultural and animal waste to produce elec- Angeles. tricity, the term ‘qualified facility’ means Lambda Letters Project, Carmichael. technology is gaining acceptance fol- any facility of the taxpayer which is origi- Lincoln Heights Recovery Center, Los An- lowing numerous successful case stud- nally placed in service— geles. ies. This process offers farmers an op- ‘‘(i) in the case of a facility using poultry Los Angeles Centers for Alcohol & Drug tion for cleaning agricultural waste waste, after December 31, 1999, and before Abuse, Santa Fe Springs. that is a known source of groundwater January 1, 2002, and Mental Health Association in California, contamination and air pollution. The ‘‘(ii) in the case of any other facility, after Sacramento. revenue generated from the sale of the date of the enactment of this subpara- Morrisania West, San Francisco. electricity provides a source of income graph and before July 1, 2011. Napa Valley Coalition of Non-profit Agen- to offset the cleanup costs, while pro- ‘‘(D) COMBINED PRODUCTION FACILITIES IN- cies, Napa. CLUDED.—For purposes of this paragraph, the National Advocacy on Addictions, Los An- viding important kilowatts to the term ‘qualified facility’ shall include a facil- geles. power grid. ity using agricultural and animal waste to National Asian Women’s Health Organiza- The bill I am introducing today produce electricity and other biobased prod- tion, San Francisco. would extend the 1.5 cent per kilowatt ucts such as chemicals and fuels from renew- National Association of Social Workers, hour production tax credit that is cur- able resources. Washington, D.C. rently available to wind, closed-loop ‘‘(E) SPECIAL RULES.—In the case of a National Council on Alcoholism and Drug biomass, and poultry waste by making qualified facility described in subparagraph Dependence, Sacramento Affiliate. it available to all agricultural and ani- (C)— National Council on Alcoholism and Drug ‘‘(i) the 10-year period referred to in sub- Dependence, San Fernando Valley Affiliate. mal waste sources. There have been other bills intro- section (a) shall be treated as beginning no New Dawn Recovery Center, Sacramento. earlier than the date of the enactment of Ohlhoff Recovery Programs, San Fran- duced that would extend the tax credit this paragraph, and cisco. to additional renewable sources such as ‘‘(ii) subsection (b)(3) shall not apply to Organization of Chinese Americans, Inc., solar energy. I encourage efforts to any such facility originally placed in service Sacramento. broaden the definition of renewable before January 1, 1997.’’. People in Progress, Los Angeles. sources and, for that reason, I am also (c) CONFORMING AMENDMENTS.— Phoenix House, Lake View Terrace. proposing an amendment to S. 388, the (1) The heading for section 45 of the Inter- Ready Willing & Able, New York. comprehensive national energy bill in- nal Revenue Code of 1986 is amended by in- Recovery Theatre, San Francisco. serting ‘‘and waste energy’’ after ‘‘renew- SHIELDS for Families, Los Angeles. troduced by Senator MURKOWSKI. The able’’. Southeast Asian Assistance Center, Sac- amendment would add agricultural and (2) The item relating to section 45 in the ramento. animal waste as a renewable energy re- table of sections subpart D of part IV of sub- Swords to Plowshares, San Francisco. source listed under that bill. chapter A of chapter 1 of such Code is

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4516 CONGRESSIONAL RECORD — SENATE May 8, 2001 amended by inserting ‘‘and waste energy’’ ment to amendment SA 358 proposed by Mr. (1) The average salary for an elementary after ‘‘renewable’’. JEFFORDS to the bill (S. 1) to extend pro- and secondary school teacher in the United (d) EFFECTIVE DATE.—The amendments grams and activities under the Elementary States with a Master’s degree and 16 years of made by this section shall apply to elec- and Secondary Education Act of 1965. experience is approximately $40,582. tricity produced after the date of the enact- SA 384. Mr. MCCONNELL (for himself, Mr. (2) The average starting salary for teachers ment of this Act. MILLER, Mr. SESSIONS, and Mr. INHOFE) pro- in the United States is $26,000. f posed an amendment to amendment SA 358 (3) Our educators make many personal and proposed by Mr. JEFFORDS to the bill (S. 1) financial sacrifices to educate our youth. SUBMITTED RESOLUTIONS supra. (4) Teachers spend on average $408 a year, SA 385. Mrs. CARNAHAN (for herself and out of their own money, to bring educational Mr. NELSON of Nebraska) submitted an supplies into their classrooms. SENATE RESOLUTION 83—REFER- amendment intended to be proposed by her (5) Educators spend significant money out RING S. 846 ENTITLED ‘‘A BILL to the bill S. 1, supra; which was ordered to of their own pocket every year on profes- FOR THE RELIEF OF J.L. SIM- lie on the table. sional development expenses so they can bet- MONS COMPANY, INC., OF CHAM- SA 386. Mr. BIDEN proposed an amend- ter educate our youth. ment to amendment SA 358 proposed by Mr. PAIGN, ILLINOIS’’ TO THE CHIEF (6) Many educators accrue significant high- JEFFORDS to the bill (S. 1) supra. er education student loans that must be re- JUDGE OF THE UNITED STATES SA 387. Mr. BAUCUS submitted an amend- paid and whereas these loans are accrued by COURT OF FEDERAL CLAIMS ment intended to be proposed by him to the educators in order for them to obtain degrees FOR A REPORT THEREON bill S. 1, supra; which was ordered to lie on necessary to become qualified to serve in our the table. nation’s schools. Mr. DURBIN submitted the following SA 388. Mr. SPECTER proposed an amend- resolution; which was referred to the (7) As a result of these numerous out of ment to amendment SA 378 proposed by Mr. pocket expenses that our teachers spend Committee on the Judiciary: KENNEDY to the amendment SA 358 proposed every year, and other factors, 6% of the na- S. RES. 83 by Mr. JEFFORDS to the bill (S. 1) supra. tion’s teaching force leaves the profession Resolved, SA 389. Mr. VOINOVICH (for himself, Mr. every year, and 20% of all new hires leave BAYH, Mr. NELSON of Nebraska, and Mr. SECTION 1. REFERRAL. the teaching profession within three years. HAGEL) proposed an amendment to amend- S. ll entitled ‘‘A bill for the relief of J.L. (8) This country is in the midst of a teach- ment SA 358 proposed by Mr. JEFFORDS to Simmons Company, Inc., of Champaign, Illi- er shortage, with estimates that 2.4 million the bill (S. 1) supra. new teachers will be needed by 2009 because nois’’, now pending in the Senate, together SA 390. Mr. CRAPO (for himself, Mr. with all the accompanying papers, is referred of teacher attrition, teacher retirement, and HUTCHINSON, and Mr. HELMS) submitted an increased student enrollment. to the chief judge of the United States Court amendment intended to be proposed by him of Federal Claims. (9) The federal government can and should to the bill S. 388, to protect the energy and play a role to help alleviate the nation’s SEC. 2. PROCEEDING AND REPORT. security of the United States and decrease The chief judge shall— teaching shortage. America’s dependency on foreign oil sources (10) The current tax code provides little (1) proceed according to the provisions of to 50% by the year 2011 by enhancing the use recognition of the fact that our educators sections 1492 and 2509 of title 28, United of renewable energy resources conserving en- spend significant money out of their own States Code, notwithstanding the bar of any ergy resources, improving energy effi- pocket to better the education of our chil- statute of limitations, laches, or bar of sov- ciencies, and increasing domestic energy dren. ereign immunity; and supplies; improve environmental quality by (11) President Bush has recognized the im- (2) report back to the Senate, at the ear- reducing emissions of air pollutants and portance of providing teachers with addi- liest practicable date, providing— greenhouse gases; mitigate the effect of in- tional tax relief, in recognition of the many (A) such findings of fact and conclusions as creases in energy prices on the American financial sacrifices our teachers make. are sufficient to inform Congress of the na- consumer, including the poor and the elder- (b) SENSE OF THE SENATE.—It is the sense ture, extent, and character of the claim for ly; and for other purposes; which was re- of the Senate that Congress and the Presi- compensation referred to in such bill as a ferred to the Committee on Energy and Nat- dent should— legal or equitable claim against the United ural Resources. (1) should pass legislation providing ele- States, or a gratuity; and SA 391. Mr. CAMPBELL (for himself, Mr. mentary and secondary level educators with (B) the amount, if any, legally or equitably GRASSLEY, Mr. AKAKA, Mr. INOUYE, and Mr. additional tax relief in recognition of the due from the United States to J.L. Simmons INHOFE) submitted an amendment intended many out of pocket unreimbursed expenses Company, Inc., of Champaign, Illinois. to be proposed by him to the bill S. 1, to ex- educators incur to improve the education of f tend programs and activities under the Ele- our Nation’s students. mentary and Secondary Education Act of SENATE RESOLUTION 84—TO AU- 1965; which was ordered to lie on the table. SA 384. Mr. MCCONNELL (for him- THORIZE REPRESENTATION BY SA 392. Mrs. FEINSTEIN proposed an self, Mr. MILLER, Mr. SESSIONS, and Mr. THE SENATE LEGAL COUNSEL IN amendment to amendment SA 358 proposed INHOFE) proposed an amendment to TIMOTHY A. HOLT V. PHIL by Mr. JEFFORDS to the bill (S. 1) supra. GRAMM SA 393. Mr. ENSIGN submitted an amend- amendment SA 358 proposed by Mr. ment intended to be proposed by him to the JEFFORDS to the bill (S. 1) to extend Mr. LOTT (for himself, and Mr. bill S. 1, supra; which was ordered to lie on programs and activities under the Ele- DASCHLE) submitted the following reso- the table. mentary and Secondary Education Act lution; which was considered and SA 394. Mr. ENSIGN submitted an amend- of 1965; as follows: agreed to: ment intended to be proposed by him to the bill S. 1, supra; which was ordered to lie on At the end, add the following: S. RES. 84 the table. TITLE ll—TEACHER PROTECTION Whereas, Senator Phil Gramm has been SA 395. Mr. ENSIGN submitted an amend- SEC. ll1. TEACHER PROTECTION. named as a defendant in the case of Timothy ment intended to be proposed by him to the A. Holt v. Phil Gramm, Case No. JC00–541, The Act (20 U.S.C. 6301 et seq.) is amended bill S. 1, supra; which was ordered to lie on by adding at the end the following: now pending in the Small Claims and Justice the table. Court of Dallas County, Texas; ‘‘TITLE ll—TEACHER PROTECTION f Whereas, pursuant to sections 703(a) and ‘‘SEC. ll1. SHORT TITLE. 704(a)(1) of the Ethics in Government Act of TEXT OF AMENDMENTS ‘‘This title may be cited as the ‘Paul D. 1978 (2 U.S.C. §§ 288b(a) and 288c(a)(1), the SA 383. Mr. WARNER (for himself, Coverdell Teacher Protection Act of 2001’. Senate may direct its counsel to represent ‘‘SEC. ll2. FINDINGS AND PURPOSE. Members of the Senate in civil actions with Ms. COLLINS, and Mr. ALLEN) proposed an amendment to amendment SA 358 ‘‘(a) FINDINGS.—Congress makes the fol- respect to their official responsibilities: lowing findings: Now, therefore, be it proposed by Mr. JEFFORDS to the bill ‘‘(1) The ability of teachers, principals and Resolved, That the Senate Legal Counsel is (S. 1) to extend programs and activities other school professionals to teach, inspire authorized to represent Senator Phil Gramm under the Elementary and Secondary and shape the intellect of our Nation’s ele- in the case of Timothy A. Holt v. Phil Education Act of 1965; as follows: mentary and secondary school students is Gramm. At the appropriate place, insert the fol- deterred and hindered by frivolous lawsuits f lowing: and litigation. AMENDMENTS SUBMITTED AND SEC. . SENSE OF THE SENATE REGARDING TAX ‘‘(2) Each year more and more teachers, PROPOSED RELIEF FOR ELEMENTARY AND SEC- principals and other school professionals ONDARY EDUCATORS. face lawsuits for actions undertaken as part SA 383. Mr. WARNER (for himself, Ms. (a) FINDINGS.—The Senate finds the fol- of their duties to provide millions of school COLLINS, and Mr. ALLEN) proposed an amend- lowing: children quality educational opportunities.

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‘‘(3) Too many teachers, principals and ‘‘(5) the harm was not caused by the teach- ‘‘(b) AMOUNT OF LIABILITY.— other school professionals face increasingly er operating a motor vehicle, vessel, aircraft, ‘‘(1) IN GENERAL.—Each defendant who is a severe and random acts of violence in the or other vehicle for which the State requires teacher, shall be liable only for the amount classroom and in schools. the operator or the owner of the vehicle, of noneconomic loss allocated to that de- ‘‘(4) Providing teachers, principals and craft, or vessel to— fendant in direct proportion to the percent- other school professionals a safe and secure ‘‘(A) possess an operator’s license; or age of responsibility of that defendant (de- environment is an important part of the ef- ‘‘(B) maintain insurance. termined in accordance with paragraph (2)) fort to improve and expand educational op- ‘‘(b) CONCERNING RESPONSIBILITY OF TEACH- for the harm to the claimant with respect to portunities, which are critical for the contin- ERS TO SCHOOLS AND GOVERNMENTAL ENTI- which that defendant is liable. The court ued economic development of the United TIES.—Nothing in this section shall be con- shall render a separate judgment against States. strued to affect any civil action brought by each defendant in an amount determined ‘‘(5) Frivolous lawsuits against teachers any school or any governmental entity pursuant to the preceding sentence. maintaining order in the classroom impose against any teacher of such school. ‘‘(2) PERCENTAGE OF RESPONSIBILITY.—For significant financial burdens on local edu- ‘‘(c) EXCEPTIONS TO TEACHER LIABILITY purposes of determining the amount of non- cational agencies, and deprive the agencies PROTECTION.—If the laws of a State limit economic loss allocated to a defendant who of funds that would best be used for edu- teacher liability subject to one or more of is a teacher under this section, the trier of cating students. the following conditions, such conditions fact shall determine the percentage of re- ‘‘(6) Clarifying and limiting the liability of shall not be construed as inconsistent with sponsibility of each person responsible for this section: teachers, principals and other school profes- the claimant’s harm, whether or not such ‘‘(1) A State law that requires a school or sionals who undertake reasonable actions to person is a party to the action. governmental entity to adhere to risk man- maintain order, discipline and an appro- ‘‘(c) RULE OF CONSTRUCTION.—Nothing in agement procedures, including mandatory priate educational environment is an appro- this section shall be construed to preempt or training of teachers. priate subject of Federal legislation be- supersede any Federal or State law that fur- ‘‘(2) A State law that makes the school or cause— ther limits the application of joint liability governmental entity liable for the acts or in a civil action described in subsection (a), ‘‘(A) the scope of the problems created by omissions of its teachers to the same extent beyond the limitations established in this the legitimate fears of teachers, principals as an employer is liable for the acts or omis- section. and other school professionals about frivo- sions of its employees. ll lous, arbitrary or capricious lawsuits against ‘‘SEC. 6. DEFINITIONS. ‘‘(3) A State law that makes a limitation of ‘‘For purposes of this title: teachers is of national importance; and liability inapplicable if the civil action was ‘‘(1) ECONOMIC LOSS.—The term ‘economic ‘‘(B) millions of children and their families brought by an officer of a State or local gov- loss’ means any pecuniary loss resulting across the Nation depend on teachers, prin- ernment pursuant to State or local law. from harm (including the loss of earnings or cipals and other school professionals for the ‘‘(d) LIMITATION ON PUNITIVE DAMAGES other benefits related to employment, med- intellectual development of children. BASED ON THE ACTIONS OF TEACHERS.— ical expense loss, replacement services loss, ‘‘(b) PURPOSE.—The purpose of this title is ‘‘(1) GENERAL RULE.—Punitive damages to provide teachers, principals and other loss due to death, burial costs, and loss of school professionals the tools they need to may not be awarded against a teacher in an business or employment opportunities) to undertake reasonable actions to maintain action brought for harm based on the action the extent recovery for such loss is allowed order, discipline, and an appropriate edu- or omission of a teacher acting within the under applicable State law. cational environment. scope of the teacher’s responsibilities to a ‘‘(2) HARM.—The term ‘harm’ includes school or governmental entity unless the ‘‘SEC. ll3. PREEMPTION AND ELECTION OF physical, nonphysical, economic, and non- STATE NONAPPLICABILITY. claimant establishes by clear and convincing economic losses. ‘‘(a) PREEMPTION.—This title preempts the evidence that the harm was proximately ‘‘(3) NONECONOMIC LOSSES.—The term ‘non- laws of any State to the extent that such caused by an action or omission of such economic losses’ means losses for physical laws are inconsistent with this title, except teacher which constitutes willful or criminal and emotional pain, suffering, inconven- that this title shall not preempt any State misconduct, or a conscious, flagrant indiffer- ience, physical impairment, mental anguish, law that provides additional protection from ence to the rights or safety of the individual disfigurement, loss of enjoyment of life, loss liability relating to teachers. harmed. of society and companionship, loss of consor- ‘‘(b) ELECTION OF STATE REGARDING NON- ‘‘(2) CONSTRUCTION.—Paragraph (1) does not tium (other than loss of domestic service), APPLICABILITY.—This title shall not apply to create a cause of action for punitive damages hedonic damages, injury to reputation and any civil action in a State court against a and does not preempt or supersede any Fed- all other nonpecuniary losses of any kind or teacher with respect to claims arising within eral or State law to the extent that such law nature. that State if such State enacts a statute in would further limit the award of punitive ‘‘(4) SCHOOL.—The term ‘school’ means a accordance with State requirements for en- damages. public or private kindergarten, a public or acting legislation— ‘‘(e) EXCEPTIONS TO LIMITATIONS ON LIABIL- private elementary school or secondary ‘‘(1) citing the authority of this subsection; ITY.— school (as defined in section 14101, or a home ‘‘(2) declaring the election of such State ‘‘(1) IN GENERAL.—The limitations on the school. that this title shall not apply, as of a date liability of a teacher under this title shall ‘‘(5) STATE.—The term ‘State’ means each certain, to such civil action in the State; and not apply to any misconduct that— of the several States of the United States, ‘‘(3) containing no other provisions. ‘‘(A) constitutes a crime of violence (as the District of Columbia, the Commonwealth ‘‘SEC. ll4. LIMITATION ON LIABILITY FOR that term is defined in section 16 of title 18, of Puerto Rico, the United States Virgin Is- TEACHERS. United States Code) or act of international lands, Guam, American Samoa, the Com- ‘‘(a) LIABILITY PROTECTION FOR TEACH- terrorism (as that term is defined in section monwealth of the Northern Mariana Islands, ERS.—Except as provided in subsections (b) 2331 of title 18, United States Code) for which any other territory or possession of the and (c), no teacher in a school shall be liable the defendant has been convicted in any United States, or any political subdivision of for harm caused by an act or omission of the court; any such State, territory, or possession. teacher on behalf of the school if— ‘‘(B) involves a sexual offense, as defined ‘‘(6) TEACHER.—The term ‘teacher’ means a ‘‘(1) the teacher was acting within the by applicable State law, for which the de- teacher, instructor, principal, administrator, scope of the teacher’s employment or respon- fendant has been convicted in any court; other educational professional that works in sibilities related to providing educational ‘‘(C) involves misconduct for which the de- a school, or an individual member of a school services; fendant has been found to have violated a board (as distinct from the board itself). ‘‘(2) the actions of the teacher were carried Federal or State civil rights law; or ‘‘SEC. ll7. EFFECTIVE DATE. out in conformity with local, State, and Fed- ‘‘(D) where the defendant was under the in- ‘‘(a) IN GENERAL.—This title shall take ef- eral laws, rules and regulations in further- fluence (as determined pursuant to applica- fect 90 days after the date of the enactment ance of efforts to control, discipline, expel, ble State law) of intoxicating alcohol or any of the Paul D. Coverdell Teacher Protection or suspend a student or maintain order or drug at the time of the misconduct. Act of 2001. control in the classroom or school; ‘‘(2) HIRING.—The limitations on the liabil- ‘‘(b) APPLICATION.—This title applies to ‘‘(3) if appropriate or required, the teacher ity of a teacher under this title shall not any claim for harm caused by an act or omis- was properly licensed, certified, or author- apply to misconduct during background in- sion of a teacher if that claim is filed on or ized by the appropriate authorities for the vestigations, or during other actions, in- after the effective date of the Paul D. Cover- activities or practice in the State in which volved in the hiring of a teacher. dell Teacher Protection Act of 2001, without the harm occurred, where the activities were ‘‘SEC. ll5. LIABILITY FOR NONECONOMIC LOSS. regard to whether the harm that is the sub- or practice was undertaken within the scope ‘‘(a) GENERAL RULE.—In any civil action ject of the claim or the conduct that caused of the teacher’s responsibilities; against a teacher, based on an action or the harm occurred before such effective ‘‘(4) the harm was not caused by willful or omission of a teacher acting within the scope date.’’. criminal misconduct, gross negligence, reck- of the teacher’s responsibilities to a school less misconduct, or a conscious, flagrant in- or governmental entity, the liability of the SA 385. Mrs. CARNAHAN (for herself, difference to the rights or safety of the indi- teacher for noneconomic loss shall be deter- and Mr. NELSON of Nebraska) sub- vidual harmed by the teacher; and mined in accordance with subsection (b). mitted an amendment intended to be

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4518 CONGRESSIONAL RECORD — SENATE May 8, 2001 proposed by her to the bill S. 1, to ex- to extend programs and activities 1709(4), to remain available until expended tend programs and activities under the under the Elementary and Secondary $180,000,000 for each of fiscal year 2002 Elementary and Secondary Education Education Act of 1965; as follows: through 2007.’’. Act of 1965, which was ordered to lie on On page 893, after line 14, add the fol- SA 387. Mr. BAUCUS submitted an the table; as follows: lowing: amendment intended to be proposed by On page 51, between lines 15 and 16, insert SEC. ll. SCHOOL RESOURCE OFFICER him to the bill S. 1, to extend programs PROJECTS. the following: and activities under the Elementary ‘‘(4) ASSESSMENTS NOT REQUIRED.— (a) COPS PROGRAM.—Section 1701(d) of and Secondary Education Act of 1965; ‘‘(A) IN GENERAL.—A State shall not be re- title I of the Omnibus Crime Control and quired to conduct any assessments under Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) which was ordered to lie on the table; paragraph (3) in any school year if— is amended— as follows: ‘‘(i) the assessments are not otherwise re- (1) in paragraph (7) by inserting ‘‘school of- On page 794, after line 7, insert the fol- quired under Federal law on the day pre- ficials,’’ after ‘‘enforcement officers’’; and lowing: ceding the date of enactment of the Better (2) by striking paragraph (8) and inserting SEC. 902. LOAN FORGIVENESS FOR TEACHERS. Education for Students and Teachers Act; the following: (a) SHORT TITLE.—This section may be and ‘‘(8) establish school-based partnerships be- cited as the ‘‘Rural Teacher Recruitment ‘‘(ii) the amount made available to the tween local law enforcement agencies and Act of 2001’’. State under section 6403(a) for use in the local school systems, by using school re- (b) FEDERAL FAMILY EDUCATION LOAN PRO- school year involved for such assessments is source officers who operate in and around el- GRAM.—Section 428J of the Higher Education less than 100 percent of the costs to the State ementary and secondary schools to serve as Act of 1965 (20 U.S.C. 1078–10) is amended— of administering such assessments in the a law enforcement liaison with other Fed- (1) in subsection (b)(1)(A), by inserting ‘‘, previous school year, or if such assessments eral, State, and local law enforcement and or in a school served by a local educational were not administered in the previous school regulatory agencies, combat school-related agency eligible for a grant under section year (in accordance with this subparagraph), crime and disorder problems, gang member- 5232(b) of the Elementary and Secondary in the most recent school year in which such ship and criminal activity, firearms and ex- Education Act of 1965’’ after ‘‘such schools’’; assessments were administered. plosives-related incidents, illegal use and and ‘‘(B) DETERMINATION OF TOTAL COSTS.—For possession of alcohol, and the illegal posses- (2) in subsection (c)(1), by striking ‘‘$5000’’ purposes of making the determination re- sion, use, and distribution of drugs;’’. and inserting ‘‘$17,000’’. quired under subparagraph (A)(ii), the Sec- (b) SCHOOL RESOURCE OFFICER.—Section (c) WILLIAM D. FORD FEDERAL DIRECT LOAN retary shall, not later than March 15 of each 1709(4) of title I of the Omnibus Crime Con- PROGRAM.—Section 460 of the Higher Edu- year, publish in the Federal Register a de- trol and Safe Streets Act of 1968 (42 U.S.C. cation Act of 1965 (20 U.S.C. 1087j) is amend- scription of the total costs of developing and 3796dd–8) is amended— ed— implementing the assessments required (1) by striking subparagraph (A) and in- (1) in subsection (b)(1)(A)(i), by inserting ‘‘, under the amendments made by the Better serting the following: or in a school served by a local educational Education for Students and Teachers Act for ‘‘(A) to serve as a law enforcement liaison agency eligible for a grant under section the school year involved based on informa- with other Federal, State, and local law en- 5232(b) of the Elementary and Secondary tion submitted by the States, as required by forcement and regulatory agencies, to ad- Education Act of 1965’’ after ‘‘such schools’’; the Secretary. Such total costs may include dress and document crime and disorder prob- and costs related to field testing, administration lems including gangs and drug activities, (2) in subsection (c)(1), by striking ‘‘$5000’’ (including the printing of testing materials firearms and explosives-related incidents, and inserting ‘‘$17,000’’. and reporting processes), and staff time. The and the illegal use and possession of alcohol SA 388. Mr. SPECTER proposed an Secretary shall include in any such publica- affecting or occurring in or around an ele- amendment to amendment SA 378 pro- tion a justification with respect to any cat- mentary or secondary school; posed by Mr. KENNEDY to the amend- egory of costs submitted by a State that is (2) by striking subparagraph (E) and insert- ment SA 358 proposed by Mr. JEFFORDS excluded by the Secretary from the esti- ing the following: to the bill (S. 1) to extend programs ‘‘(E) to train students in conflict resolu- mated total cost. and activities under the Elementary ‘‘(C) 2005–2006 SCHOOL YEAR.—Not later than tion, restorative justice, and crime awareness, and to provide assistance to and coordi- and Secondary Education Act of 1965; March 15, 2005, the Secretary shall make the as follows: publication required under subparagraph (B) nate with other officers, mental health pro- with respect to the 2005–2006 school year. fessionals, and youth counselors who are re- In lieu of the matter proposed to be in- ‘‘(D) REPORT.—The Secretary annually responsible for the implementation of preven- serted, insert the following: port the information published under sub- tion/intervention programs within the ‘‘SEC. ll. CLASS SIZE REDUCTION. paragraph (B) to the Committee on Health, schools;’’; and ‘‘(a) ALLOTMENT.—Notwithstanding any Education, Labor, and Pensions and the (3) by adding at the end the following: other provision of this law, from $1,625,000,000 Committee on Appropriations of the Senate ‘‘(H) to work with school administrators, of the amounts made available to carry out and the Committee on Education and the members of the local parent teacher associa- part A of title II (other than subpart 5 of Workforce and Committee on Appropriations tions, community organizers, law enforce- such part A) for each fiscal year the Sec- of the House of Representatives. ment, fire departments, and emergency med- retary— On page 59, line 21, after the period add the ical personnel in the creation, review, and ‘‘(1) shall make available a total of following: ‘‘No funds shall be withheld under implementation of a school violence preven- $6,000,000 to the Secretary of the Interior (on this subsection for any school year in which tion plan; behalf of the Bureau of Indian Affairs) and the Secretary determines that a State has ‘‘(I) to assist in documenting the full de- the outlying areas for activities under this received, under section 6403(a), less than 100 scription of all firearms found or taken into section; and percent of the costs to the State of designing custody on school property and to initiate a ‘‘(2) shall allot the remainder by providing standards and developing and administering firearms trace and ballistics examination for to each State the same percentage of that re- assessments for measuring and monitoring each firearm with the local office of the Bu- mainder as the State received of the funds adequate yearly progress under this section. reau of Alcohol, Tobacco, and Firearms; allocated to States under section 307(a)(2) of The Secretary shall determine the reason- ‘‘(J) to document the full description of all the Department of Education Appropriations able costs of designing, developing, and ad- explosives or explosive devices found or Act, 1999. ministering standards and assessments based taken into custody on school property and ‘‘(b) DISTRIBUTION TO LOCAL EDUCATIONAL on information submitted by the States, as report to the local office of the Bureau of Al- AGENCIES.— required by the Secretary, except that the cohol, Tobacco, and Firearms; and ‘‘(1) IN GENERAL.—Each State that receives Secretary shall provide a written expla- ‘‘(K) to assist school administrators with funds under this section shall distribute 100 nation of any category of costs that excluded the preparation of the Department of Edu- percent of such funds to local educational from the Secretary’s calculations.’’. cation, Annual Report on State Implementa- agencies in the State, of which— On page 778, after line 21, add the fol- tion of the Gun-Free Schools Act which ‘‘(A) 80 percent shall be allocated to such lowing: tracks the number of students expelled per local educational agencies in proportion to ‘‘(d) MISCELLANEOUS PROVISION.—Notwith- year for bringing a weapon, firearm, or ex- the number of children aged 5 to 17, who re- standing subsection (a)(3), there is author- plosive to school.’’. side in the school district served by such ized to be appropriated to carry out sub- (c) AUTHORIZATION OF APPROPRIATIONS.— local educational agency and are from fami- section (a)(1), such sums as may be necessary Section 1001(a)(11) of title I of the Omnibus lies below the poverty line (as defined by the for fiscal year 2002 and for each of the 6 suc- Crime Control and Safe Streets Act of 1968 Office of Management and Budget and re- ceeding fiscal years.’’. (42 U.S.C. 3793(a)(11)) is amended by adding vised annually in accordance with section at the end the following: 673(2) of the Community Services Block SA. 386. Mr. BIDEN proposed an ‘‘(C) There are authorized to be appro- Grant Act (42 U.S.C. 9902(2))) applicable to a amendment to amendment SA 358 propriated to carry out school resource officer family of the size involved for the most re- posed by Mr. JEFFORDS to the bill (S. 1) activities under sections 1701(d)(8) and cent fiscal year for which satisfactory data

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4519 are available compared to the number of that is part of a local strategy for improving pare a plan to carry out the responsibilities such children who reside in the school dis- the educational achievement of all students, of the State under sections 1116 and 1117, in- tricts served by all local educational agen- or that already has reduced class size in the cluding carrying out the State educational cies in the State for that fiscal year; and early grades to 18 or less (or already has re- agency’s statewide system of technical as- ‘‘(B) 20 percent of such amount shall be al- duced class size to a State or local class size sistance and support for local educational located to such local educational agencies in reduction goal that was in effect on the day agencies.’’. accordance with the relative enrollments of before the date of enactment of the Depart- On page 35, line 20, insert ‘‘, that is jointly children aged 5 to 17, in public and private ment of Education Appropriations Act, 2000, prepared and signed by the Governor and the nonprofit elementary and secondary schools if that State or local educational agency chief State school official,’’ after ‘‘a plan’’. within the boundaries of the school district goal is 20 or fewer children), may use funds On page 706, line 8, insert ‘‘Governor and served by such agencies. provided under this section— the’’ after ‘‘which a’’. ‘‘(2) SPECIAL RULE.—Notwithstanding para- ‘‘(1) to make further class size reductions On page 706, line 16, insert ‘‘Governor and graph (1), if the award to a local educational in kindergarten through grade 3; the’’ after ‘‘A’’. agency under this section is less than the ‘‘(2) to reduce class size in other grades; On page 707, line 2, insert ‘‘Governor and starting salary for a new fully qualified ‘‘(3) to carry out activities to improve the’’ after ‘‘A’’. teacher in that agency who is certified or li- teacher quality, including professional devel- censed in the State (which may include cer- opment; and SA 390. Mr. CRAPO (for himself, Mr. tification or licensure through State or local ‘‘(4) to carry out other activities author- HUTCHINSON, and Mr. HELMS) submitted alternative routes), has a baccalaureate de- ized under title V. an amendment intended to be proposed gree, and demonstrates the general knowl- ‘‘(e) REPORTS.— by him to the bill S. 388, to protect the edge, teaching skills, and subject matter ‘‘(1) REPORT TO SECRETARY.—Each State re- energy and security of the United knowledge required to teach in the teacher’s ceiving funds under this section shall report States and decrease America’s depend- content areas, then that agency may use to the Secretary regarding activities in the ency on foreign oil sources to 50% by funds provided under this section— State that are assisted under this section, ‘‘(A) to help pay the salary of a full- or consistent with sections 5322 (1) and (2). the year 2011 by enhancing the use of part-time teacher hired to reduce class size, ‘‘(2) REPORT TO THE PUBLIC.—Each State renewable energy resources conserving which may be in combination with other and local educational agency receiving funds energy resources, improving energy ef- Federal, State, or local funds; or under this section shall publicly report to ficiencies, and increasing domestic en- ‘‘(B) to pay for activities described in sub- parents on its progress in reducing class size, ergy supplies; improve environmental section (c)(2)(C) which may be related to increasing the percentage of classes in core quality by reducing emissions of air teaching in smaller classes. academic areas that are taught by fully ‘‘(c) USES.— pollutants and greenhouse gases; miti- qualified teachers who are certified or li- gate the effect of increases in energy ‘‘(1) MANDATORY.—The basic purpose and censed by the State and demonstrate com- intent of this section is to reduce class size petency in the content areas in which the prices on the American consumer, in- with fully qualified teachers. Each local edu- teachers teach (as determined by the State), cluding the poor and the elderly; and cational agency that receives funds under on the impact that hiring additional highly for other purposes; which was referred this section shall use such funds to carry out qualified teachers and reducing class size has to the Committee on Energy and Nat- effective approaches to reducing class size had, if any, on increasing student achieve- with fully qualified teachers who are cer- ural Resources; as follows: ment (as determined by the State) or student tified or licensed to teach within the State, On page 124, line 7 insert ‘‘or agricultural performance (as determined by the State) including teachers certified or licensed or animal waste’’ after ‘‘biomass’’. and on the impact that the locally defined through State or local alternative routes, On page 127, line 15, insert ‘’agricultural or program has had, if any, on increasing stu- and who demonstrate competency in the animal waste,’’ after ‘‘biomass,’’. dent achievement (as determined by the areas in which the teachers teach, to im- State) or student performance (as deter- prove educational achievement for both reg- SA 391. Mr. CAMPBELL (for himself, mined by the State). ular and special needs children with par- Mr. GRASSLEY, Mr. AKAKA, Mr. INOUYE, ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Each and Mr. INHOFE) submitted an amend- ticular consideration given to reducing class such agency shall use funds under this sec- size in the early elementary grades for which tion only to supplement, and not supplant, ment intended to be proposed by him some research has shown class size reduction State and local funds that, in the absence of to the bill S. 1, to extend programs and is the most effective. such funds, would otherwise be spent for ac- activities under the Elementary and ‘‘(2) PERMISSIVE.—Each such local edu- tivities under this section. Secondary Education Act of 1965; which cational agency may use funds provided ‘‘(g) ADMINISTRATIVE EXPENSES.—A local was ordered to lie on the table; as fol- under this section for— educational agency that receives funds under lows: ‘‘(A) recruiting (including through the use this section may use not more than 3 percent At the appropriate place, insert the fol- of signing bonuses or other financial incen- of such funds for local administrative ex- lowing: tives), hiring, and training fully qualified penses. regular and special education teachers ‘‘(h) REQUEST FOR FUNDS.—Each local edu- SEC. ll. SENIOR OPPORTUNITIES. (which may include hiring special education cational agency that desires to receive funds (a) TWENTY-FIRST CENTURY COMMUNITY teachers to team-teach with regular teachers under this section shall include in the appli- LEARNING CENTERS.—Section 1609(a)(2) (as in classrooms that contain both children cation submitted under section 5333 a de- amended in section 151) is further amended— with disabilities and nondisabled children) scription of— (1) in subparagraph (G), by striking ‘‘and’’ and teachers of special needs children, who ‘‘(1) the agency’s program to reduce class after the semicolon; are certified or licensed to teach within the size by hiring additional highly qualified (2) in subparagraph (H), by striking the pe- State (including teachers certified or li- teachers; and riod and inserting ‘‘; and’’; and censed through State or local alternative ‘‘(2) the agency’s proposed educational pro- (3) by adding at the end the following: routes), have a baccalaureate degree, and gram under this section that is part of its ‘‘(I) if the organization plans to use seniors demonstrate the general knowledge required local strategy for improving educational as volunteers in activities carried out to teach in their content areas; achievement for all students. through the center, a description of how the ‘‘(B) testing new teachers for academic organization will encourage and use appro- content, and to meet State certification or SA 389. Mr. VOINOVICH (for himself, priately qualified seniors to serve as the vol- licensure requirements that are consistent Mr. BAYH, Mr. NELSON of Nebraska, and unteers.’’. (b) SAFE AND DRUG-FREE SCHOOLS AND COM- with title II of the Higher Education Act of Mr. HAGEL) proposed an amendment to MUNITIES; GOVERNOR’S PROGRAMS.—Section 1965; and amendment SA 358 proposed by Mr. ‘‘(C) providing professional development 4114(d) (as amended in section 401) is further (which may include such activities as pro- JEFFORDS to the bill (S. 1) to extend amended— moting retention and mentoring) to teach- programs and activities under the Ele- (1) in paragraph (14), by striking ‘‘and’’ ers, including special education teachers and mentary and Secondary Education Act after the semicolon; teachers of special needs children, in order to of 1965; as follows: (2) in paragraph (15), by striking the period meet the goal of ensuring that all instruc- On page 7, line 21, add ‘‘and the Governor’’ and inserting ‘‘; and’’; and tional staff have the subject matter knowl- after ‘‘agency’’. (3) by adding at the end the following: edge, teaching knowledge, and teaching On page 8, line 1, insert ‘‘and the Gov- ‘‘(15) drug and violence prevention activi- skills necessary to teach effectively in the ernor’’ after ‘‘agency’’. ties that use the services of appropriately content area or areas in which the teachers On page 35, line 10, strike the end qualified seniors for activities that include provide instruction, consistent with title II quotation mark and the second period. mentoring, tutoring, and volunteering.’’. of the Higher Education Act of 1965. On page 35, between lines 10 and 11, insert (c) SAFE AND DRUG-FREE SCHOOLS AND COM- ‘‘(d) SPECIAL RULE.—Notwithstanding sub- the following: MUNITIES; LOCAL DRUG AND VIOLENCE PRE- section (c)(1), a local educational agency ‘‘(c) STATE PLAN.—Each Governor and VENTION PROGRAMS.—Section 4116(b) (as that has designed an educational program State educational agency shall jointly pre- amended in section 401) is further amended—

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4520 CONGRESSIONAL RECORD — SENATE May 8, 2001 (1) in paragraph (2)— (2) in clause (ii), by inserting ‘‘and’’ after the poverty level for counties or local edu- (A) in the matter preceding subparagraph the semicolon; and cational agencies, published by the Depart- (A), by inserting ‘‘(including mentoring by (3) by adding at the end the following: ment of Commerce, unless the Secretary and appropriately qualified seniors)’’ after ‘‘men- ‘‘(iii) may include activities that recognize the Secretary of Commerce determine that toring’’; and and support the unique cultural and edu- use of the updated population data would be (B) in subparagraph (C)— cational needs of Alaskan Native children, inappropriate or unreliable. (i) in clause (i), by striking ‘‘and’’ after the and incorporate appropriately qualified Alas- ‘‘(B) INAPPROPRIATE OR UNRELIABLE DATA.— semicolon; kan Native elders and seniors;’’. If the Secretary and the Secretary of Com- (ii) in clause (ii), by inserting ‘‘and’’ after merce determine that some or all of the data the semicolon; and SA 392. Mrs. FEINSTEIN proposed an referred to in this paragraph are inappro- (iii) by adding at the end the following: amendment to amendment SA 358 propriate or unreliable, the Secretary and the ‘‘(iii) drug and violence prevention activi- posed by Mr. JEFFORDS to the bill (S. 1) Secretary of Commerce shall— ties that use the services of appropriately to extend programs and activities ‘‘(i) publicly disclose their reasons; qualified seniors for such activities as men- under the Elementary and Secondary ‘‘(ii) provide an opportunity for States to toring, tutoring, and volunteering;’’; Education Act of 1965; as follows: submit updated data on the number of chil- (2) in paragraph (4)(C), by inserting ‘‘(in- dren described in subparagraph (A); and cluding mentoring by appropriately qualified On page 327, after line 10, add the fol- ‘‘(iii) review the data and, if the data are seniors)’’ after ‘‘mentoring programs’’; and lowing: appropriate and reliable, use the data, for (7) Carrying our programs and activities (3) in paragraph (8), by inserting ‘‘, which the purposes of this section, to determine related to Master Teachers. may involve appropriately qualified seniors the number of children described in subpara- (2) MASTER TEACHER.—The term ‘‘master working with students’’ after ‘‘settings’’. graph (A). teacher’’ means a teacher who— (d) SAFE AND DRUG-FREE SCHOOLS AND COM- ‘‘(C) CRITERIA OF POVERTY.—In determining (A) is licensed or credentialed under State MUNITIES; FEDERAL ACTIVITIES.—Section the families that are below the poverty level, law in the subject or grade in which the 4121(a) (as amended in section 401) is further the Secretary shall utilize the criteria of teacher teaches; amended— poverty used by the Bureau of the Census in (1) in paragraph (10), by inserting ‘‘, includ- (B) has been teaching for at least 5 years in compiling the most recent decennial census, ing projects and activities that promote the a public or private school or institution of as the criteria have been updated by in- interaction of youth and appropriately quali- higher education; creases in the Consumer Price Index for All fied seniors’’ after ‘‘responsibility’’; and (C) is selected upon application, is judged Urban Consumers, published by the Bureau (2) in paragraph (13), by inserting ‘‘, includ- to be an excellent teacher, and is rec- of Labor Statistics. ing activities that integrate appropriately ommended by administrators and other ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— qualified seniors in activities, such as men- teachers who are knowledgeable of the indi- There are authorized to be appropriated to toring, tutoring, and volunteering’’ after vidual’s performance; the Department of Commerce for each fiscal ‘‘title’’. (D) at the time of submission of such appli- year such sums as may be necessary to up- (e) INDIAN, NATIVE HAWAIIAN, AND ALASKA cation, is teaching and based in a public date the data described in subparagraph (A). NATIVE EDUCATION; FORMULA GRANTS.—Sec- school; tion 7115(b) (as amended in section 701) is fur- (E) assists other teachers in improving in- SA 394. Mr. ENSIGN submitted an ther amended— structional strategies, improves the skills of (1) in paragraph (10), by striking ‘‘and’’ amendment intended to be proposed by other teachers, performs mentoring, devel- him to the bill S. 1, to extend programs after the semicolon; ops curriculum, and offers other professional (2) in paragraph (11), by striking the period development; and and activities under the Elementary and inserting ‘‘; and’’; and (F) enters into a contract with the local and Secondary Education Act of 1965; (3) by adding at the end the following: educational agency to continue to teach and which was ordered to lie on the table; ‘‘(12) activities that recognize and support serve as a master teacher for at least 5 addi- as follows: the unique cultural and educational needs of tional years. At the end, add the following: Indian children, and incorporate appro- A contract described in subparagraph (F) ‘‘PART B—HIGH GROWTH GRANT priately qualified tribal elders and seniors.’’. shall include stipends, employee benefits, a (f) INDIAN, NATIVE HAWAIIAN, AND ALASKA PROGRAM description of duties and work schedule, and NATIVE EDUCATION; SPECIAL PROGRAMS AND ‘‘SEC. 9201. HIGH GROWTH GRANT PROGRAM. other terms of employment. PROJECTS.—Section 7121(c)(1) (as amended in ‘‘(a) STATE GRANTS.—From funds appro- (e) STUDY AND REPORT.— section 701) is further amended— priated under subsection (e) for a fiscal year (1) IN GENERAL.—Not later than July 1, (1) in subparagraph (K), by striking ‘‘or’’ the Secretary shall award a grant to each 2005, the Secretary shall conduct a study and after the semicolon; State that has an increase in the number of transmit a report to Congress pertaining to (2) in subparagraph (L), by striking ‘‘(L)’’ children aged 5 through 17 who are from poor the utilization of funds under section 2123 for and inserting ‘‘(M)’’; and families, from the preceding fiscal year to Master Teachers. (3) by inserting after subparagraph (K) the the fiscal year for which the determination (2) CONTENTS OF REPORT.—The report shall following: is made, in an amount that bears the same include an analysis of: ‘‘(L) activities that recognize and support relation to such funds as the increase for the (A)(i) the recruitment and retention of ex- the unique cultural and educational needs of State bears to the increases for all States Indian children, and incorporate appro- perienced teachers; having such an increase. priately qualified tribal elders and seniors; (ii) the effect of master teachers on teach- ‘‘(b) LOCAL GRANTS.—Each State that re- or’’. ing by less experienced teachers; ceives a grant under subsection (a) shall use (g) INDIAN, NATIVE HAWAIIAN, AND ALASKA (iii) the impact of mentoring new teachers the grant funds to award grants to those NATIVE EDUCATION; PROFESSIONAL DEVELOP- by master teachers; local educational agencies in the State that MENT.—The second sentence of section (iv) the impact of master teachers on stu- have the highest increases, from the pre- 7122(d)(1) (as amended in section 701) is fur- dent achievement; and ceding fiscal year to the fiscal year for which ther amended by striking the period and in- (v) the reduction in the rate of attrition of the determination is made, in the number of serting ‘‘, and may include programs de- beginning teachers; and children aged 5 through 17 who are from poor signed to train tribal elders and seniors.’’. (B) recommendations regarding— families. (h) INDIAN, NATIVE HAWAIIAN, AND ALASKA (ii) establishing activities to expand the ‘‘(c) USE OF FUNDS.—Each local edu- NATIVE EDUCATION; NATIVE HAWAIIAN PRO- project to additional local educational agen- cational agency receiving a grant under sub- GRAMS.—Section 7205(a)(3)(H) (as amended in cies and school districts. section (b) shall use the grant funds to carry section 701) is further amended— out any activity authorized under part A of (1) in clause (ii), by striking ‘‘and’’ after SA 393. Mr. ENSIGN submitted an title I. the semicolon; amendment intended to be proposed by ‘‘(d) DATA.—The Secretary shall base the (2) in clause (iii), by inserting ‘‘and’’ at the him to the bill S. 1, to extend programs determinations described in subsection (a) end; and and activities under the Elementary on the most recent annual estimates avail- (3) by adding at the end the following: and Secondary Education Act of 1965; able from the Secretary of Commerce regarding each State’s total number of children ‘‘(iv) programs that recognize and support which was ordered to lie on the table; the unique cultural and educational needs of aged 5 through 17 who are from poor fami- Native Hawaiian children, and incorporate as follows: lies. appropriately qualified Native Hawaiian el- On page 152, beginning with line 17, strike ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ders and seniors;’’. all through page 153, line 12, and insert the There are authorized to be appropriated to (i) INDIAN, NATIVE HAWAIIAN, AND ALASKA following: carry out this section $200,000,000 for fiscal NATIVE EDUCATION; ALASKA NATIVE PRO- ‘‘(3) POPULATION UPDATES.— year 2002, and such sums as may be necessary GRAMS.—Section 7304(a)(2)(F) (as amended in ‘‘(A) IN GENERAL.—In fiscal year 2001 and for each of the 6 succeeding fiscal years.’’. section 701) is further amended— each subsequent year, the Secretary shall (1) in clause (i), by striking ‘‘and’’ after the use updated data on the number of children, SA 395. Mr. ENSIGN submitted an semicolon; aged 5 to 17, inclusive, from families below amendment intended to be proposed by

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 8, 2001 CONGRESSIONAL RECORD — SENATE S4521 him to the bill S. 1, to extend programs ‘‘(b) PURPOSES.—The purposes of this sec- tivities described in paragraphs (7) and (8) of and activities under the Elementary tion are to— subsection (d).’’. and Secondary Education Act of 1965; ‘‘(1) support systemic education reform by f which was ordered to lie on the table; strengthening arts education as an integral part of the elementary school and secondary NOTICES OF HEARING as follows: school curriculum; COMMITTEE ON AGRICULTURE, NUTRITION, AND On page 893, after line 14, add the fol- ‘‘(2) help ensure that all students have the lowing: FORESTRY opportunity to learn to challenging State Mr. LUGAR. Mr. President, I would SEC. ll. ARTS IN EDUCATION. content standards and challenging State stu- Title IX (as added by section 901) is amend- dent performance standards in the arts; and like to announce that the Committee ed by adding at the end the following: ‘‘(3) support the national effort to enable on Agriculture, Nutrition, and For- ‘‘PART B—ARTS IN EDUCATION all students to demonstrate competence in estry will meet on May 9, 2001, in SR– ‘‘SEC. 9201. FINDINGS AND PURPOSE. the arts. 328A at 9:30 a.m. The purpose of this ‘‘(a) FINDINGS.—Congress finds that— ‘‘(c) ELIGIBLE RECIPIENTS.—In order to hearing will be to consider nomina- ‘‘(1) there are inadequate arts and cultural carry out the purposes of this section, the tions for positions at the Department programs available for children and youth in Secretary is authorized to award grants to, of Agriculture. or enter into contracts or cooperative agree- schools, especially at the elementary school COMMITTEE ON AGRICULTURE, NUTRITION, AND level; ments with— ‘‘(1) State educational agencies; FORESTRY ‘‘(2) the arts promote progress in academic Mr. LUGAR. Mr. President, I would subjects as shown by research conducted by ‘‘(2) local educational agencies; the National Assessment of Education ‘‘(3) institutions of higher education; like to announce that the Committee Progress, the Arts Education Partnership, ‘‘(4) museums and other cultural institu- on Agriculture, Nutrition, and For- the President’s Committee on the Arts and tions; and estry will meet on May 16, 2001, in SR– Humanities, and other entities; ‘‘(5) other public and private agencies, in- 328A at 9 a.m. The purpose of this hear- ‘‘(3) children and youth who receive institutions, and organizations. ing will be to review the credit title of struction in the arts and humanities, or who ‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this section may be used for— the upcoming farm bill. are involved in cultural activities, remain in COMMITTEE ON ENERGY AND NATURAL school longer and are more successful than ‘‘(1) research on arts education; ‘‘(2) the development of, and dissemination RESOURCES children who do not receive such instruction; Mr. MURKOWSKI. Mr. President, I ‘‘(4) learning in the arts and humanities of information about, model arts education promotes progress in other academic sub- programs; would like to announce for the infor- jects, and generates positive self-esteem and ‘‘(3) the development of model arts edu- mation of the Senate and the public a greater sense of accomplishment in young cation assessments based on high standards; that a hearing has been scheduled be- people; ‘‘(4) the development and implementation fore the Committee on Energy and Nat- ‘‘(5) school-university and school-cultural of curriculum frameworks for arts education; ural Resources. institution partnerships that upgrade teach- ‘‘(5) the development of model preservice The hearing will take place on Tues- er training in the arts and humanities have and inservice professional development pro- day, May 15, 2001, at 9:30 a.m., in room grams for arts educators and other instruc- significantly contributed to improved in- SD–366 of the Dirksen Senate Office struction and achievement levels of school- tional staff; ‘‘(6) supporting collaborative activities Building in Washington, DC. aged children; The purpose of this hearing is to con- ‘‘(6) museum outreach, cultural activities with other Federal agencies or institutions and informal education for at-risk children involved in arts education, such as the Na- sider national energy policy with re- and youth have contributed significantly to tional Endowment for the Arts, the Institute spect to Federal, State, and local im- the educational achievement and enhanced of Museum and Library Services, the John F. pediments to the siting of energy infra- interest in learning of at-risk children and Kennedy Center for the Performing Arts, structure. youth; VSA Arts, and the National Gallery of Art; Because of the limited time available ‘‘(7) local, State, and national resources ‘‘(7) supporting model projects and pro- for the hearing, witnesses may testify support the integration of the arts and hu- grams in the performing arts for children by invitation only. However, those manities into the regular curriculum and and youth through arrangements made with wishing to submit written testimony school day for all children; and the John F. Kennedy Center for the Per- for the hearing record should send two ‘‘(8) while all children benefit from instruc- forming Arts; tion in the arts and the humanities, at-risk ‘‘(8) supporting model projects and pro- copies of their testimony to the Com- children and youth have a special, additional grams by VSA Arts which assure the partici- mittee on Energy and Natural Re- need for arts and cultural programs both in pation in mainstream settings in arts and sources, U.S. Senate, 212 Hart Senate school and after school; education programs of individuals with dis- Office Building, Washington, DC 20510– ‘‘(b) PURPOSE.—The purpose of this subpart abilities; 6150. is to make grants to eligible entities to im- ‘‘(9) supporting model projects and pro- For further information, please call prove the educational performance and fu- grams to integrate arts education into the Trici Heninger or Bryan Hannegan at ture potential of at-risk children and youth regular elementary school and secondary (202) 224–7932. by providing comprehensive and coordinated school curriculum; and educational and cultural services. ‘‘(10) other activities that further the pur- f ‘‘SEC. 9202. SUPPORT FOR ARTS EDUCATION. poses of this section. AUTHORITY FOR COMMITTEES TO ‘‘(a) FINDINGS.—Congress finds that— ‘‘(e) COORDINATION.— MEET ‘‘(1) the arts are forms of understanding ‘‘(1) IN GENERAL.—A recipient of funds and ways of knowing that are fundamentally under this section shall, to the extent pos- COMMITTEE ON COMMERCE, SCIENCE, AND important to education; sible, coordinate projects assisted under this TRANSPORTATION ‘‘(2) the arts are important to excellent section with appropriate activities of public Mr. JEFFORDS. Mr. President, I ask education and to effective school reform; and private cultural agencies, institutions, unanimous consent that the Com- ‘‘(3) the most significant contribution of and organizations, including museums, arts mittee on Commerce, Science, and the arts to education reform is the trans- education associations, libraries, and thea- Transportation be authorized to meet formation of teaching and learning; ters. on Tuesday, May 8, 2001, at 9:30 a.m., on ‘‘(4) such transformation is best realized in ‘‘(2) SPECIAL RULE.—In carrying out this the context of comprehensive, systemic edu- election reform. section, the Secretary shall coordinate with The PRESIDING OFFICER. Without cation reform; the National Endowment for the Arts, the ‘‘(5) participation in performing arts ac- Institute of Museum and Library Services, objection, it is so ordered. tivities has proven to be an effective strat- the John F. Kennedy Center for the Per- COMMITTEE ON ENERGY AND NATURAL egy for promoting the inclusion of persons forming Arts, VSA Arts, and the National RESOURCES with disabilities in mainstream settings; Gallery of Art. Mr. JEFFORDS. Mr. President, I ask ‘‘(6) opportunities in the arts have enabled ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— unanimous consent that the Com- persons of all ages with disabilities to par- ‘‘(1) IN GENERAL.—For the purpose of car- mittee on Energy and Natural Re- ticipate more fully in school and community rying out this section, there are authorized sources be authorized to meet during activities; to be appropriated $28,000,000 for fiscal year the session of the Senate on Tuesday, ‘‘(7) the arts can motivate at-risk students 2002, and such sums as may be necessary for to stay in school and become active partici- each of the 6 succeeding fiscal years. May 8, at 2:30 p.m., to conduct an over- pants in the educational process; and ‘‘(2) SPECIAL RULE.—If the amount appro- sight hearing. The committee will re- ‘‘(8) arts education should be an integral priated under paragraph (1) for any fiscal ceive testimony on the President’s pro- part of the elementary school and secondary year is $15,000,000 or less, then such amount posed budget for FY2002 for the Forest school curriculum. shall only be available to carry out the ac- Service.

VerDate Mar 15 2010 03:16 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4522 CONGRESSIONAL RECORD — SENATE May 8, 2001 The PRESIDING OFFICER. Without The Chair, on behalf of the Vice tions to reconsider be laid upon the objection, it is so ordered. President, pursuant to 10 U.S.C. 9355(a), table, any statements relating to the COMMITTEE ON ENERGY AND NATURAL appoints the Senator from Idaho (Mr. nominations be printed in the RECORD, RESOURCES CRAIG), from the Committee on Appro- the President be immediately notified Mr. JEFFORDS. Mr. President, I ask priations, to the Board of Visitors of of the Senate’s action, and the Senate unanimous consent that the Com- the U.S. Air Force Academy. then return to legislative session. mittee on Energy and Natural Re- The Chair, on behalf of the Vice The PRESIDING OFFICER. Without sources be authorized to meet during President, pursuant to 10 U.S.C. 4355(a), objection, it is so ordered. the session of the Senate on Tuesday, appoints the Senator from Ohio (Mr. The nominations considered and con- May 8, at 9:30 a.m., to conduct an over- DEWINE), from the Committee on Ap- firmed are as follows: sight hearing. The committee will re- propriations, to the Board of Visitors DEPARTMENT OF STATE ceive testimony on the President’s proof the U.S. Military Academy. Richard Nathan Haass, of Maryland, for posed budget for FY2002 for the Depart- f the rank of Ambassador during his tenure of ment of the Interior. AUTHORIZING REPRESENTATION Service as Director, Policy Planning Staff, Department of State. The PRESIDING OFFICER. Without BY SENATE LEGAL COUNSEL objection, it is so ordered. DEPARTMENT OF DEFENSE Mr. JEFFORDS. Mr. President, I ask COMMITTEE ON HEALTH, EDUCATION, LABOR, Edward C. Aldridge, of Virginia, to be unanimous consent that the Senate AND PENSIONS Under Secretary of Defense for Acquisition now proceed to the immediate consid- Mr. JEFFORDS. Mr. President, I ask and Technology. eration of S. Res. 84, submitted by Sen- unanimous consent that the Com- f ators LOTT and DASCHLE. mittee on Health, Education, Labor, The PRESIDING OFFICER. The LEGISLATIVE SESSION and Pensions be authorized to meet for clerk will report the resolution by The PRESIDING OFFICER. Under a hearing on Better Pharmaceuticals title. for Children: Assessment and Opportu- the previous order, the Senate will now The assistant legislative clerk read return to legislative session. nities during the session of the Senate as follows: on Tuesday, May 8, 2001, at 9:30 a.m. A resolution (S. Res. 84) to authorize rep- f The PRESIDING OFFICER. Without resentation by the Senate Legal Counsel in objection, it is so ordered. ORDERS FOR WEDNESDAY MAY 9, Timothy A. Holt v. Phil Gramm. 2001 SUBCOMMITTEE ON CLEAN AIR, WETLANDS, There being no objection, the Senate PRIVATE PROPERTY AND NUCLEAR SAFETY proceeded to consider the resolution. Mr. JEFFORDS. Mr. President, I ask Mr. JEFFORDS. Mr. President, I ask Mr. LOTT. Mr. President, a pro se unanimous consent that when the Sen- unanimous consent that the Sub- plaintiff has commenced a civil action ate completes its business today, it ad- committee Clean Air, Wetlands, Pri- in Texas state court seeking damages journ until the hour of 9:30 a.m. on vate Property and Nuclear Safety be against Senator GRAMM based on the Wednesday, May 9. I further ask unani- authorized to meet on Tuesday, May 8, Senator’s acts of voting and intro- mous consent that on Wednesday, im- at 9:30 a.m., to conduct an oversight ducing legislation regarding the labor mediately following the prayer, the hearing on the Nuclear Regulatory of foreign nationals. The action makes Journal of proceedings be approved to Commission. Senator GRAMM a defendant solely be- date, the morning hour be deemed ex- The PRESIDING OFFICER. Without cause of acts of voting and introducing pired, the time for the two leaders be objection, it is so ordered. legislation taken in his official capac- reserved for their use later in the day, SUBCOMMITTEE ON HOUSING AND ity as United States Senator. As such, and the Senate then resume consider- TRANSPORTATION the action is barred by the speech or ation of the Mikulski amendment re- Mr. JEFFORDS. Mr. President, I ask debate clause of the Constitution. As garding community technology centers unanimous consent that the Sub- Senators, we answer to our constitu- as under the previous order. committee on Housing and Transpor- ents, not to the courts, for our legisla- The PRESIDING OFFICER. Without tation of the Committee on Banking, tive activity. objection, it is so ordered. Housing, and Urban Affairs be author- This resolution would authorize the f ized to meet during the session of the Senate Legal Counsel to represent Sen- PROGRAM Senate on May 8, 2001, to conduct a ator GRAMM to seek dismissal of the hearing on ‘‘Oversight of the Mission of matter. Mr. JEFFORDS. Mr. President, to- the Office of Federal Housing Enter- Mr. JEFFORDS. Mr. President, I ask morrow morning the Senate will have 5 prise Oversight, OFHEO, and the Fi- unanimous consent that the resolution minutes for closing remarks on the Mi- nancial Safety and Soundness of be agreed to, the preamble be agreed kulski amendment, with a vote to Fannie Mae and Freddie Mac.’’ to, the motion to reconsider be laid occur at approximately 9:35 a.m. There The PRESIDING OFFICER. Without upon the table, and any statements re- are numerous amendments currently objection, it is so ordered. lating to the resolution be printed in pending to the education bill and oth- f the RECORD. ers expected to be offered during to- The PRESIDING OFFICER. Without morrow’s session. The Senate will con- PRIVILEGES OF THE FLOOR objection, it is so ordered. tinue consideration of the education Mr. REID. I ask unanimous consent The resolution (S. Res. 84) was agreed bill until the budget resolution con- Meghan McGowan, a fellow in my of- to. ference report is received from the fice, be granted the privilege of the The preamble was agreed to. House. It is hoped the papers will ar- floor during consideration of the edu- (The resolution is printed in today’s rive no later than tomorrow afternoon cation bill when it is on the floor. RECORD under ‘‘Statements on Sub- so the Senate can attempt to complete The ACTING PRESIDENT pro tem- mitted Resolutions.’’) action on the conference report prior pore. Without objection, it is so or- f to tomorrow’s adjournment. As a re- dered. EXECUTIVE SESSION minder, all first-degree amendments to f the education bill must be filed no later than 5 p.m. tomorrow, as under a APPOINTMENTS EXECUTIVE CALENDAR previous order. The PRESIDING OFFICER. The Mr. JEFFORDS. Mr. President, I ask f Chair, on behalf of the Vice President, unanimous consent that the Senate pursuant to 10 U.S.C. 6968(a), appoints proceed to executive session to con- ADJOURNMENT UNTIL 9:30 A.M. the Senator from Mississippi (Mr. sider the following nominations on the TOMORROW COCHRAN), from the Committee on Ap- Executive Calendar: Nos. 41 and 50. Mr. JEFFORDS. Mr. President, if propriations, to the Board of Visitors I further ask unanimous consent that there is no further business to come be- of the U.S. Naval Academy. the nominations be confirmed, the mo- fore the Senate, I now ask unanimous

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HONORING BOB BRUNNER with allies and gaining new friends around the A BILL TO AMEND THE INTERNAL world. He has made it very clear that Taiwan REVENUE CODE OF 1986 TO PRO- HON. J. DENNIS HASTERT genuinely desires a meaningful dialogue with VIDE THAT ANCESTORS AND OF ILLINOIS the People’s Republic of China—a dialogue to LINEAL DESCENDANTS OF PAST OR PRESENT MEMBERS OF THE IN THE HOUSE OF REPRESENTATIVES ensure peace in the Taiwan Strait. ARMED FORCES SHALL BE Tuesday, May 8, 2001 President Chen has made great strides to TAKEN INTO ACCOUNT IN DE- Mr. HASTERT. Mr. Speaker, I rise today to solidify Taiwan’s relations with the U.S.—a re- TERMINING WHETHER A VET- commend Robert E. Brunner of Illinois Tool lationship that subscribes to the principles of ERANS’ ORGANIZATION IS EX- Works in Elgin, Illinois, who recently was rec- freedom, democracy, human rights, peace, EMPT FROM TAX ognized by the Industrial Fasteners Institute and prosperity. Through his efforts, the future with its first-ever Leadership Award for his tire- of bilateral relations between Taiwan and the HON. AMO HOUGHTON less efforts on behalf of the fastener industry. United States is bright. OF NEW YORK As many in this House know, the fastener I send my personal congratulations to the IN THE HOUSE OF REPRESENTATIVES industry is a vital part of our economy and fas- people of the Republic of China on Taiwan on Tuesday, May 8, 2001 teners are a basic building block of manufac- Mr. HOUGHTON. Mr. Speaker, I am turing. Billions of fasteners are used annually this festive occasion. pleased to join my colleague from New York, in the U.S. in automobiles, airplanes, tanks, Mr. RANGEL, together with a number of other ships, bridges, heavy equipment, and virtually f colleagues, in introducing our bill to fix a cur- every other manufactured product. Thousands CONGRATULATIONS TO THE CITY rent problem in the Internal Revenue Code re- of Americans are employed in hundreds of OF WALLA WALLA, WA garding use of American Legion Post facilities fastener manufacturing facilities throughout the by members and their families. That is, who nation, including my own district in Illinois. qualifies as a ‘‘member’’ versus a guest, for In 1999, the industry and many of its key purposes of unrelated business income and customers, guided by the leadership of Bob HON. GEORGE R. NETHERCUTT, JR. the exempt status of the Legion Posts. We do Brunner, came together to support innovative, OF WASHINGTON not believe Congress intended or con- dynamic legislation governing the regulation of IN THE HOUSE OF REPRESENTATIVES templated that use of the facilities by families fastener quality, H.R. 1183 of the 106th Con- of the member would result in unrelated busi- gress. This legislation, which became P.L. Tuesday, May 8, 2001 ness income, or worse yet, the possibility of 106–34, is the culmination of nearly ten years Mr. NETHERCUTT. Mr. Speaker, I rise losing the Post’s tax exemption under Section of efforts to regulate fastener quality without 501(c)(19). unduly hampering the industry’s efforts to re- today to congratulate and commend the City By Congressional charter, only veterans main competitive and innovative. of Walla Walla, Washington, which recently re- who served during specifically designated As the IFI noted in the proclamation an- ceived the 2001 Great American Main Street wars may become ‘‘members’’ of the Amer- nouncing Mr. Brunner’s honor, this award Award. Walla Walla is surrounded by onion ican Legion. Section 501(c)(19) requires only ‘‘honors outstanding contributions by an indi- fields and wineries within the 5th Congres- that 75% of the members be current or former vidual who has provided direction, vision, and sional District in southeastern Washington members of the Armed Forces, and substan- focus toward the timely resolution of strategic State. Over the past several years, the city tially all the other members are cadets, issues challenging the mechanical fastener in- has improved itself, with such undertakings as spouses, widows or widowers of past or dustry and the many markets it serves.’’ the recent renovation of the historic Whitman present members. The IRS says substantially Bob Brunner’s leadership excellence in mar- Towers Building and the construction of the all is 90 percent. The Legion has many pro- shalling industry resources to focus on this new airport terminal. However, no improve- grams, such as the Sons of the American Le- critical issues helped ensure a successful, gion (SAL), as well as programs involving ment is as evident as the revitalized downtown comprehensive, inclusive resolution to the youth and family support groups. All are de- area. matter. The fastener industry, Illinois Tool signed to further the purposes for which the Works, the State of Illinois and the Nation The improvements to the downtown area exemption was granted. have benefited from his energy and enthu- could not have been made without the leader- The Post is a family gathering place for siasm. This award and the recognition of this ship of the Downtown Walla Walla Foundation many social and patriotic activities. As a re- House are richly deserved. which was founded in 1984. Under the leader- sult, many family members of numerous gen- f ship of Executive Director Timothy Bishop, erations attend these events. Some relatives Mayor Jerry Cummins, and the Board of Di- are specifically treated as members, others TRIBUTE TO PRESIDENT CHEN OF are not. Also questions arise as to the status rectors, as well as the tireless and determined TAIWAN of the members in the SAL, as well as rel- efforts of the numerous volunteers, the Foun- atives not specifically covered in regulations, HON. GEORGE RADANOVICH dation brought a declining downtown back to i.e. great grandparents, great grandchildren, OF CALIFORNIA life. Because of their efforts, 125 businesses etc., and whether they are perhaps ‘‘associate IN THE HOUSE OF REPRESENTATIVES opened or expanded, 800 jobs were created or social members, and if they count for the and storefront vacancies were reduced to 4 90% test. The answers could determine the Tuesday, May 8, 2001 percent. This hard work was recognized and extent of unrelated business taxable income Mr. RADANOVICH. Mr. Speaker, May 20th rewarded by the National Trust for Historic as well as exempt status. This is not an issue will mark President Chen Shui-bian’s first anni- Preservation as it issued Walla Walla one of regarding true guests, i.e. unrelated individuals versary in office. Since his election the voters only five Great American Main Street Awards who are, and must be, accompanied by a in Taiwan have continually given President for 2001. member. Nor is any substantive change con- Chen high marks for his performance. Presi- templated regarding the sale of life and health dent Chen has continued to maintain a The City of Walla Walla has a prestigious insurance to members as provided in Section proactive stance on Taiwan’s economy. He history that is worthy of preservation for future 512(a)(4). That section would be amended to has ensured steady economic growth while generations to embrace, and because of this conform the definition to Congressional charter minimizing the impact of the worldwide eco- preservation, a vibrant future will be enjoyed. members and their dependents. nomic slowdown. Furthermore, President I am proud of Walla Walla and am honored to Our bill would eliminate these potential Chen has been busy strengthening relations represent this community. issues by providing that the definition of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E746 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2001 ‘‘member’’ for purposes of the exemption sta- March 31st after fourteen years at the village’s sionals including photographers, freelance tus and unrelated business income would be helm. Prior to her initial election as mayor in writers, graphic designers, and web managers. expanded to include ‘‘ancestors or lineal de- March 1987, she served as a Cortland County This energetic and dynamic organization joins scendants of the member’’ (i.e. past or present Legislator for almost seven years. together to exchange ideas and information member of the Armed Services meeting the During her tenure, the Village of Homer while keeping pace with new trends. The orga- Congressional charter definition). prospered. She is credited with renewing the nization has also expanded its role through We believe this change is not only fair, but village’s historical preservation and planning community service projects, which include recognizes the original intent of Congress, and efforts, improving its public water system, ex- book collections for homeless children, food the fact that more distant relatives of the panding economic development efforts and drives for the community pantry, and journal- member will come into existence over time. beautifying the Main Street corridor, estab- writing workshops for women in recovery. We hope our colleagues will join us in cospon- lishing weekly summer band concerts on the As the SPC celebrates its anniversary on soring this legislation. Thank you. village green, improving public safety oper- May 8, this organization will be looking for- f ations, and reopening the Water Street bridge ward to the next 50 years of energy and as a pedestrian walkway. growth both personally and professionally. Mr. HONORING KENTUCKY NURSES I have always regarded Mayor Bellardini as Speaker, the Society of Professional Commu- a strong partner in my work in Cortland Coun- nicators should be celebrated for its years of HON. ANNE M. NORTHUP ty. Married to Harry Bellardini, the former dedication to improve society and its commu- OF KENTUCKY Cortland County Republican Party Chairman, nities. IN THE HOUSE OF REPRESENTATIVES Mayor Bellardini is a proud Republican though always anxious to work in a bipartisan manner Tuesday, May 8, 2001 f on behalf of her constituents. She has worked Mrs. NORTHUP. Mr. Speaker, I rise today especially close with Democratic Village Trust- HONORING JAN DOETS to honor the thousands of men and women in ee Virginia ‘‘Ginny’’ Swartwout—a twenty-six Kentucky who have dedicated themselves to year veteran of village government, who also HON. GEORGE RADANOVICH that most noble of endeavors: nursing. Every deserves special recognition for service to her OF CALIFORNIA day, nurses—both in Kentucky and across the community as she retires from her post this nation—sacrifice themselves to the causes of year. IN THE HOUSE OF REPRESENTATIVES caring, of healing, and of loving. By tending to Besides her work on behalf or the people of Tuesday, May 8, 2001 the sick and easing suffering, nurses play a Homer, Mayor Bellardini is committed to com- Mr. RADANOVICH. Mr. Speaker, I rise tremendously vital role in the medical profes- munity service. She served as President of the today to honor Jan Doets for his lifetime com- sion and our society at large. New York State Conference of Mayors from mitment to the tourism industry and his role as We can all recall a time when a nurse be- 1995 through 1996. She still holds positions a goodwill ambassador for America. came a crucial figure in our lives. When any on the Boards of Directors for numerous orga- Jan Doets has been a leader and innovator one of us has been ill or trying to care for a nizations, including Alliance Bank, Central in the tourism industry throughout his 40 year sick loved one, nurses have always been New York Blue Cross/Blue Shield, Excellus, career, making him an invaluable resource to there to provide help. Whether in a strictly Inc., the Home Store, and the Cortland County his colleagues and a strong force in the tour- medical capacity—mending a bone or admin- Business Development Corporation. Last year, ism community. Jan has a wide variety of tal- istering medicines—or to offer reassurance, a Governor George Pataki named Mayor ents, but has specialized exclusively in Amer- shoulder to cry on, or an anchor of calm in the Bellardini to serve on a select Advisory Com- ican travel arrangements for the last 20 years. chaos and upheaval that we all know illness mittee to the Quality Communities Interagency He has been responsible for sending over can cause, it seems that nurses perform a Task Force for New York State. 150,000 people to California to appreciate the thousand and one duties to ensure that pain A lifelong Cortland County area resident, beauty of our state. and suffering are washed away. Mayor Bellardini has three children and five Jan Doets is truly the epitome of an entre- Since time immemorial, nurses have been grandchildren. Though Mary Alice believes preneur. Already a successful member of the on the front lines of the fight against sickness, that it’s time for ‘‘a fresh face and new blood’’ tourism community in the Netherlands, he was but today that fight grows harder. Newly dis- in the village Mayor’s Office, I am certain that the first direct seller of tours from the Nether- covered illnesses, an increasing population, her accomplishments and dedication as Mayor lands to the United States. It comes as no sur- and an explosion in the demand for emer- of Homer will live on for generations to come. gency care have all come together to force I congratulate her on her retirement from prise then that after the American component nurses to assume more and more responsibil- public life, thank her for her over twenty years of his business was founded, he and his wife ities, while, at the same time, they must con- of service as an elected official, and wish her Sietske watched their business flourish. Jan tinue to strive to gain ground in the war well in all of life’s future pursuits. Her daily was so successful that in 1983 he was known against suffering. I understand these issues, presence and involvement at village offices as Mr. America #1 in the tourism community. and want to give my thanks to nurses across will certainly be missed. In 1990, Jan renamed his business Jan Doets American Tours and it has continued to America for maintaining the same unflagging f generosity that has characterized the profes- grow as he constantly adds new services and sion in the past. During National Nurses Week THE SOCIETY OF PROFESSIONAL tours of the United States. Jan and his daugh- this May, I want to especially recognize Ken- COMMUNICATORS (SPC) ter Elske have traveled thousands of miles ex- tucky Nurses, those men and women who, periencing the country so that he might share day after day, give of themselves to so many HON. JAMES P. McGOVERN his knowledge with others who wish to explore people in the Bluegrass State. I hope you will OF MASSACHUSETTS America. He has sent over a quarter billion dollars to the United States in business, and join me in honoring nurses for their commit- IN THE HOUSE OF REPRESENTATIVES ment to helping others feel better. has been a frequent visitor to Mariposa Coun- Tuesday, May 8, 2001 f ty and Yosemite National Park. Throughout Mr. MCGOVERN. Mr. Speaker, today I am Jan’s career he has shown deep ties, commit- TRIBUTE TO RETIRING HOMER pleased to recognize and honor the 50th anni- ment and partnership with our country, com- MAYOR MARY ALICE BELLARDINI versary of the Society of Professional Commu- munities and individual county visitor bureaus. nicators (SPC). He has made it his lifetime goal to share the HON. JAMES T. WALSH The Society of Professional Communicators best that America has to offer with his fellow OF NEW YORK began in 1951 as the Worcester County Edi- citizens of the Netherlands. Jan has truly been IN THE HOUSE OF REPRESENTATIVES tor’s Council. The original purpose of this a significant force in bringing the United States group was to improve their internal publica- and the Netherlands closer together. Tuesday, May 8, 2001 tions by sharing ideas with one another. They As Jan Doets retires we not only honor his Mr. WALSH. Mr. Speaker, today I rise to also intended to promote the benefits of the lifetime commitment to the tourism industry, recognize the work of a tireless village mayor free enterprise system. As the media, tech- but also his unparalleled generosity, strength in New York’s 25th Congressional District, nology, and the roles of its members began to and dedication to his work and loved ones. Mayor Mary Alice Bellardini of the Village of change, so did the organization’s name. Jan Doets has truly left his mark on our com- Homer. Mayor Bellardini retired as Mayor on Today SPC consists of a variety of profes- munity forever. CONGRESSIONAL RECORD — Extensions of Remarks E747 HONORING RABBI LEONARD S. Furthermore, another 500,000 refugees fled forward to hearing about future accomplish- CAHAN and escaped to various points around the ments. world—effectively eliminating the Armenian f HON. CONSTANCE A. MORELLA population of the Ottoman Empire. From these ashes arose hope and promise TRIBUTE TO JOHN R. GARRISON OF MARYLAND in 1991—and I was blessed to see it. I was IN THE HOUSE OF REPRESENTATIVES one of the four international observers from HON. HENRY A. WAXMAN Tuesday, May 8, 2001 the United States Congress to monitor Arme- nia’s independence referendum. I went to the OF CALIFORNIA Mrs. MORELLA. Mr. Speaker, I rise to IN THE HOUSE OF REPRESENTATIVES honor and celebrate Rabbi Leonard Cahan, communities in the northern part of Armenia, Senior Rabbi of Congregation Har Shalom of and I watched in awe as 95 percent of the Tuesday, May 8, 2001 Potomac, Maryland who is retiring the summer people over the age of 18 went out and voted. The Armenian people had been denied free- Mr. WAXMAN. Mr. Speaker, I rise today to after 27 years of service. Rabbi Cahan and his pay tribute to John R. Garrison, Chief Execu- wife Elizabeth have lived in Potomac during dom for so many years and, clearly, they were very excited about this new opportunity. Al- tive Officer of the American Lung Association. this time, and raised their four children in this This July, Mr. Garrison is retiring after eleven community. most no one stayed home. They were all out in the streets going to the polling places. I years of leading the American Lung Associa- Under Rabbi Cahan’s leadership, Har Sha- watched in amazement as people stood in line tion, this nation’s oldest voluntary health agen- lom has grown four-fold, to become a leading for hours to get into these small polling places cy. congregation in Montgomery County, Maryland and vote. Over the last two decades, Mr. Garrison’s and in the Conservative movement nation- Then, after they voted, the other interesting work has made a vital contribution to public wide. He has guided Har Shalom to the fore- thing was that they did not go home. They had health and a significant difference in shaping front of egalitarianism, family, and adult edu- brought covered dishes with them, and all of national policy. Millions of Americans live in a cation, participatory worship, community serv- these polling places had little banquets after- safer, cleaner, and healthier world because of ice, and interfaith activities. Har Shalom’s wor- ward to celebrate what had just happened. his work. He has been a national leader in the ship services have been a model for the cre- What a great thrill it was to join them the battle against the tobacco industry, the efforts ation of a new conservative prayer book, next day in the streets of Yerevan when they to eliminate tuberculosis, the quest to curb Siddur Sim Shalom. Har Shalom was honored were celebrating their great victory. Ninety- asthma, and the continuing fight for cleaner to have Rabbi Cahan serve as the senior edi- eight percent of the people cast their ballots in air. tor of this prayer book, which has now been favor of independence. It was a wonderful ex- Throughout his career, Mr. Garrison has adopted by much of the Conservative Jewish perience to be there with them when they been in the vanguard of public health efforts. movement. danced and sang and shouted, ‘‘Ketse azat When the tobacco industry proposed a weak Several years ago, the Good Morning Amer- ankakh Hayastan’’—long live free and inde- tobacco settlement with state attorneys gen- ica television program chose Rabbi Cahan as pendent Armenia! That should be the cry of eral in 1997, Mr. Garrison was the first leader one of the nation’s outstanding clergy. He ap- freedom-loving people everywhere. of a major health organization to step forward peared on the show, along with a minister and and oppose giving the tobacco industry immu- priest, discussing the religious, spiritual, and f nity. Mr. Garrison also served on a tobacco communal nature of their lives as clergymen, CELEBRATING SAUK PRAIRIE ME- advisory commission chaired by former Sur- and their role in their communities. MORIAL HOSPITAL AS ONE OF geon General C. Everett Koop and former Rabbi Cahan has deeply touched the lives THE 100 TOP HOSPITALS FDA Commissioner David Kessler, playing a of many members of Har Shalom, as well as pivotal role in crafting the commission’s final others in the community. He has officiated nu- HON. TAMMY BALDWIN report, which remains a visionary blueprint of merous life cycle events such as baby the policy changes needed to protect the pub- OF WISCONSIN namings, funerals, Bar and Bat Mitzvahs, mar- lic health from tobacco. IN THE HOUSE OF REPRESENTATIVES riages, and other times of family joy and sor- Under Mr. Garrison’s leadership, the Amer- row. He has taught numerous courses to Har Tuesday, May 8, 2001 ican Lung Association led the recent battle for Shalom’s congregants of all ages, as well as Ms. BALDWIN. Mr. Speaker, I rise today in tougher ozone and particulate matter stand- in interfaith settings in the community. Rabbi recognition of the Sauk Prairie Memorial Hos- ards under the Clean Air Act. In addition, he Cahan has no doubt been the inspiration to a pital and Clinics of Praire due Sac, Wisconsin, expanded the American Lung Association’s growing number of Har Shalom’s youth, who being selected as one of the 100 Top Hos- commitment to lung disease research. These are or will become the rabbis of the next gen- pitals in the nation by the 100 Top Hos- efforts led to the development of the Asthma eration. pitalsTM: Benchmarks for Success study. This Clinical Research Center program, a nation- Rabbi Cahan will continue to serve as Rabbi outstanding achievement is marked by the wide network of 19 clinical research centers Emeritus at Congregation Har Shalom fol- Sauk Prairie Memorial Hospital’s excellent designed to conduct a broad range of clinical lowing his retirement. He will continue to quality of care, efficiency of operations, and studies on asthma. teach, officiate at High Holy Day services, and sustainability of overall performance. From building a formal alliance with the Ca- serve the spiritual needs of the Jewish com- The extraordinary dedication of hospital staff nadian Lung Association to assuming a lead- munity of Montgomery County. and the superior performance of the manage- ership role in the International Union Against f ment team have earned Sauk Prairie Memorial Tuberculosis and Lung Disease, Mr. Garrison Hospital this first-time award. In a time when has worked tirelessly to reduce the impact of ARMENIAN GENOCIDE rural hospitals are facing special challenges, lung disease around the world. This work con- this achievement is particularly noteworthy. tinues with the American Lung Association’s HON. MICHAEL R. McNULTY The hospital’s ability to perform well under ad- advocacy for a strong, enforceable global to- OF NEW YORK verse conditions and to face trials in the health bacco control treaty, the World Health Organi- IN THE HOUSE OF REPRESENTATIVES care system today do indeed set a benchmark zation’s Framework Convention on Tobacco for success. Control. Tuesday, May 8, 2001 The quality health care that Sauk Prairie From asthma to air pollution, from tobacco Mr. McNULTY. Mr. Speaker, I join today Memorial Hospital provides can be attributed control to the elimination of tuberculosis, Mr. with many of my colleagues in remembering not only to its doctors and nurses, but to all of Garrison has been a leader. Millions of people the victims of the Armenian Genocide. the employees, board members, volunteers around the globe breathe easier because of From 1915 to 1923, the world witnessed the and medical staff. Without the generosity of his efforts. It is my distinct pleasure to ask my first genocide of the 20th Century. This was those who have worked countless hours and colleagues to join me in saluting John Garri- clearly one of the world’s greatest tragedies— donated hard-earned dollars, this accomplish- son for his outstanding achievements and the deliberate and systematic Ottoman annihi- ment may not have been possible. thank him for his service to the American Lung lation of 1.5 million Armenian men, women, I applaud the Sauk Prairie Memorial Hos- Association and the nation in fighting lung dis- and children. pital for this truly prestigious award and I look ease and promoting lung health. E748 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2001 TRIBUTE TO EMS PERSONNEL FLORIDA—3 J. Todd Rather, Mayo Medical Transport, Mary Jo Strosnider, Rural/Metro, Orlando Gold Cross Ambulance, Rochester HON. BILL LUTHER Armando Toledo, American Medical Re- Michele Sundberg, Allina Medical Transpor- sponse, Miami tation, St. Paul OF MINNESOTA Jeff Young, American Medical Response, MISSOURI—3 IN THE HOUSE OF REPRESENTATIVES Largo Randall Bennett, Metropolitan Ambulance Tuesday, May 8, 2001 GEORGIA—3 Services Trust, Kansas City Mr. LUTHER. Mr. Speaker, in 1997 alone Kevin Harralson, Mid Georgia Ambulance Steven Harris, Taney County Ambulance there were almost 960 million ambulance trips Service, Macon District, Branson Cedric Scott, Mid Georgia Ambulance Serv- Scott Wolf, Emergency Providers, Kansas made to health care providers in the United City States, an overall rate of 3.6 visits for every ice, Macon Valerie Spratin, Rural/Metro, Augusta MISSISSIPPI—2 American. While ambulatory care makes up a relatively small part of the federal budget for HAWAII—1 Sharon Hinson, American Medical Response, Chris Gilbert, American Medical Response, Natchez health care, paramedics and EMS personnel Roger Wade, American Medical Response, are providing vital services to our commu- Kahului-Maui IOWA—6 Gulfport nities. These are the men and women who MONTANA—1 form an important safety net of emergency David Edgar, Jr., West Des Moines EMS/ IEMSA, West Des Moines Kelly Jason Mahoney, American Medical Response, care for millions of Americans every year. Billings Too often we do not take the time to recog- Freeman, Monroe County Ambulance, Albia Keith Gilman, Lee County EMS Ambulance, NORTH CAROLINA—5 nize individuals for their outstanding accom- Donnellson Nathaniel Archie, Mecklenburg EMS Agen- plishments serving others. I want to take a James Lange, Medic EMS, Davenport cy, Charlotte moment to recognize the EMS personnel who Max Maes, Medic EMS, Davenport Phil Carter, FirstHealth of the Carolinas, are there when we need them most. Nadine Tice, American Medical Response, Montgomery EMS, Pinehurst Every year, those men and women who go Charles City Robert McNally, Mecklenburg EMS Agency, beyond what is expected of them and perform INDIANA—1 Charlotte truly outstanding acts of service are recog- Lisa Christen, American Medical Response, Djuna Melton, FirstHealth EMS—Hoke, nized with the Stars of Life award from the Fort Wayne Raeford American Ambulance Association. Chosen by LOUISIANA—5 Jeffrey Roberts, Mecklenburg EMS Agency, Charlotte their peers, these professionals are selected Richard Billiot, Priority Mobile Health, New NEW HAMPSHIRE—2 to represent them in Washington, DC as part Orleans Anthony of the National EMS Week activities. Cramer, Jr., Acadian Ambulance & Air Med Dwayne Hogencamp, Rockingham Regional This year, 109 individuals from across the Services, Lafayette Ambulance, Nashua United States, including my home state of Shannon Jones, Med Express Ambulance Debra McCartney, Rockingham Regional Minnesota, are honored as Stars of Life for Service, Pineville Ambulance, Nashua their exceptional service and selfless courage. Carl Theriot, American Medical Response, NEW JERSEY—2 Mr. Speaker, I submit the names of the New Orleans Paul Leidenfrost, Rural/Metro, South Amboy Michelle Wiggins, Med Express Ambulance 2001 American Ambulance Association Stars Nancy Neuhaus, Med Alert Ambulance, Spar- Service, Pineville ta of Life honorees to be printed in the RECORD. MASSACHUSETTS—16 NEW MEXICO—1 2001 ‘‘Stars of Life’’ Teresa Anyon, American Medical Response, Janet Mauro, American Medical Response, STATES AND STAR’S NAME; AMBULANCE Worcester Alamogordo SERVICE, AND CITY William Barry, Armstrong Ambulance Serv- NEVADA—3 ARKANSAS—1 ice, Arlington Mark Kelly (deceased), American Medical Julia Key, Columbia County Ambulance Frank Carabello, Lyons Ambulance Service, Danvers Response, Las Vegas Service, Magnolia Tracy Kramer, American Medical Response, ARIZONA—1 Rollie Citroni, Lyons Ambulance Service, Danvers Las Vegas Randy Perkins, Rural/Metro, Scottsdale Paul Dalton, Action Ambulance Service, Kevin Romero, REMSA, Reno CALIFORNIA—11 Stoneham NEW YORK—5 Timothy Beverlin, American Medical Re- Davin Fors, Armstrong Ambulance Service, Richard Brandt, Mohawk Ambulance Serv- sponse, Palm Springs Arlington ice, Schenectady Adrienne Bosel, American Medical Response, John Haley, Cataldo Ambulance Service, Eric Conley, Rural/Metro, Buffalo Burlingame Somerville Blaine Fremantle, Mohawk Ambulance Serv- Erin Hughes, American Medical Response, Scott Jones, Action Ambulance Service, ice, Schenectady Garden Grove Stoneham Marcus McKenzie, CHS Ambulance Service, Lisa LaRusso, American Medical Response, John Kulis, Armstrong Ambulance Service, Farmingdale Riverside Arlington Daniel Smith, Rural/Metro, Syracuse Randy Lyman, American Medical Response, Vaughan Mason, Action Ambulance Service, OHIO—2 Santa Rosa Stoneham Jacqueline Punka, American Medical Re- Joe Matthews, American Medical Response, Arthur Melvin, Action Ambulance Service, sponse, Akron Cerritos Stoneham Patrick Straker, Rural/Metro, Youngstown Steve Prater, Hall Ambulance Service, Ba- Mark Miller, Action Ambulance Service, OREGON—2 kersfield Stoneham Jeff Tanner, American Medical Response, Kevin Moore, Lyons Ambulance Service, Lucie Drum, American Medical Response, Riverside Danvers Portland Sloane Valentino, Medix Ambulance Service, Richard Raymond, Action Ambulance Serv- Brian Murdock, Mercy Flights, Medford Mission Viejo ice, Stoneham PENNSYLVANIA—2 John Van Aalst, American Medical Re- Kenneth Reynolds, American Medical Re- Wanda McKinney, Rural/Metro, Farrell sponse, Cerritos sponse, Natick Robert Walbert, Cetronia Ambulance Corps, Karen Wright, American Medical Response, Peter Viele, Action Ambulance Service, Allentown Concord Stoneham SOUTH CAROLINA—1 COLORADO—1 MICHIGAN—5 Brian Harbin, Medshore Ambulance Service, Christian Weber, American Medical Re- Jules Baumer, Medstar Ambulance, Mt. Anderson sponse, Denver Clemens SOUTH DAKOTA—1 CONNECTICUT—4 Brian Beckwith, LifeCare Ambulance Serv- ice, Battle Creek Greg Beaner, Rural/Metro, Sioux Falls Sue Bednarik, American Medical Response, TENNESSEE—1 Waterbury Chad Crook, Life EMS, Grand Rapids Robert Phelan, American Medical Response, Tom Mackey, Huron Valley Ambulance, Ann Gary Watlington, Rural/Metro, Knoxville New Haven Arbor TEXAS—7 Lynn Vergnetti, Hunter’s Ambulance Serv- Danial Sanchez, Medstar Ambulance, Mt. Shay Britton, Dallas Ambulance Service, ice, Meriden Clemens Dallas John Worobel, Hunter’s Ambulance Service, MINNESOTA—3 Vickie Elliott, Dallas Ambulance Service, Meriden Gary Olson, LifeLink III, St. Paul Dallas CONGRESSIONAL RECORD — Extensions of Remarks E749 Stacy Fisher, American Medical Response, to embarrass Lukashenko. Gen. Zakharenko’s torial in the May 3, 2001, edition of the Omaha Cleburne family was forced to seek refuge in Western World-Herald. Of particular note is the edi- Kim Higginbotham, Life Ambulance Service, Europe to escape the regime’s harassment. torial’s assessment of international reaction to Canutillo President George W. Bush’s May 1, 2001, Joe Kammerling, Prime Care Ambulance, The regime has also tried to silence human Houston rights activists, such as Oleg Volchek, who speech on a national missile defense (NMD) Allen Snell, Rural/Metro, Waco have attempted to find Gen. Zakharenko. Last system. Kenneth Stanley, LifeNet EMS, Texarkana November, when an anonymous letter reputed In the weeks approaching the speech, many VIRGINIA—5 to be from officers of the Belarusian KGB newspaper and magazines ran articles and editorials which criticized President Bush for Ted Marshall, LifeCare Medical Transports, (BKGB) accusing Lukashenka of blocking the Fredericksburg investigation of disappearances in Belarus be- his strong and vocal support for the develop- Michael Martens, Sentara Medical Trans- came public, Lukashenka sacked the head of ment of NMD and for reassessment of the port, Virginia Beach the BKGB and the Prosecutor General. The 1972 Anti-Ballistic Missile (ABM) Treaty. Do- Dawn Novisky, LifeCare Medical Transports, Belarusian dictator also promised a serious in- mestic opponents claimed that such views Fredericksburg vestigation, but the regime has made no strain relations with key U.S. allies in Europe Ben Walker, American Medical Response, progress in the intervening six months and re- and Asia. And yet, after a major speech out- Richmond ports of increased pressure on investigators lining the Administration’s proposed approach Danny Wildman, LifeCare Medical Trans- to national security, U.S. allies appear to have ports, Fredericksburg have surfaced. reacted fairly positively by agreeing to talk VERMONT—1 Under the current dictatorship in Belarus, it would be impossible for such stonewalling and about the approach, if not entirely support it. Kandis Holden, Regional Ambulance, Rut- The cold war is over, and therefore it is en- land denial to take place without the approval of Lukashenka himself. Lukashenka even went tirely appropriate for the U.S. to re-evaluate WASHINGTON—1 as far as to state in November of last year, the institutions and treaties from that era. It is William Engler, American Medical Response, that he is personally responsible for account- this Member’s hope that our allies will strongly Seattle ing for Gen. Zakharenko and the other disagree and will find upon review that President WISCONSIN—1 appeared. This is a responsibility that the Bush’s initiative to begin the development of a Tina Nicolai, American Medical Response, international community cannot let the NMD system and to revamp arsenal cuts re- Kenosha Belarusian dictator escape from. The United flects careful reflection upon the long-term in- f States, the European Union, member states of terests of the United States. the Organization for Security and Cooperation [From the Omaha World Herald, May 3, 2001] SECOND ANNIVERSARY OF THE in Europe, the U.N. Working Group on Invol- A NEW DEFENSE POSTURE DISAPPEARANCE OF GENERAL untary Disappearances, the Swedish Social Call it Missile Defense III. It’s not the YURY ZAKHARENKO OF Democratic Party, and international human largely discredited Reagan-era Strategic De- BELARUS rights NGOs have all called on the fense Initiative. It’s not the Clinton-nur- Lukashenka dictatorship to find the dis- tured limited shield. In fact, it’s not clear at HON. TOM LANTOS appeared. I regret that the Russian Govern- this juncture what it is. But President Bush wants it and is determined to get it if pos- OF CALIFORNIA ment is conspicuously absent from these sible. And that may not be bad. IN THE HOUSE OF REPRESENTATIVES ranks. This, in my view, sends a negative sig- The most salient aspect of Bush’s freshly Tuesday, May 8, 2001 nal about the Russian Federation’s view of its stated commitment to a missile defense sys- role in promoting democracy outside of its bor- tem is what didn’t happen. The international Mr. LANTOS. Mr. Speaker, I rise today to ders. community didn’t, for the most part, start speak about the last dictatorship in Europe— The Belarusian people also want an expla- screaming to the heavens that the United the regime of Aleksandr Lukashenka in the nation, as the repeated statements by States has become frighteningly arrogant former Soviet state of Belarus. The and is going to get everybody fried. And that Belarusian democratic leaders and human was largely because Bush had the good sense Lukashenka regime is one of the most noto- rights advocates show. Even high officials in rious human rights abusers in the world, rou- to get in front of his Tuesday announcement the regime have expressed privately their dis- with pre-emptive and assuring phone calls to tinely suppressing the rights of the Belorusian pleasure with Lukashenka’s handling of the the world leaders who might be most con- citizens. May 7th marks the second anniver- disappearances. cerned. He and Secretary of State Colin Pow- sary of one of the most celebrated human Until the Lukashenka regime accounts for ell repeatedly made two points: rights abuses allegedly perpetrated by the re- Gen. Zakharenko, Deputy Chairman Gonchar, Although Bush finds the 1972 Anti-Ballistic gime—the not-so-mysterious disappearance of Mr. Krasovsky, and Mr. Zavadsky, one can Missile Treaty outmoded and only marginally effective, the United States is not going General Yury Zakharenko, former Belarusian neither expect a normalization in the inter- Minister of Internal Affairs. to simply abrogate it without something to national community’s relations with Belarus take its place. In 1995, General Zakharenko resigned his nor an end to the climate of fear gripping the There will be no change in Washington’s post in protest and attempted to form a union country. The Lukashenka regime needs to act international nuclear-weapons under- of officers to support democracy in Belarus. immediately to find these brave democrats standings until such time as a missile de- He also supported former Prime Minister Mi- and Belarusian patriots. This issue of Gen. fense can reasonably be called workable. khail Chigir in an alternative presidential elec- The biggest surprise of all may be that Zakharenko and the other disappeared will not Moscow pronounced itself, though not ex- tion held in May 1999 to replace Lukashenka go away, just as the issue of the disappeared at the legal end of his term on July 20, 1999. actly happy, entirely willing to sit down and in Chile did not go away, just as the issue of discuss the matter rationally. That gets past On May 7, 1999, Gen. Zakharenko dis- the Polish officers ‘‘disappeared’’ at Katyn did what could have been a substantial hurdle, appeared while walking home and has not not go away, just as the issue of the dis- because Russia has long seen any sort of mis- been heard from since. Sadly, Gen. appearance of Swedish hero Raoul sile defense as a direct threat aimed at neu- Zakharenko is not unique. Others who dared Wallenberg will not go away. Rather, with tralizing its nuclear strike capability. It has to challenge the regime appear to have suf- each new day the missing go unaccounted for, been adamant on the point. But on Wednes- day, Foreign Minister Igor Ivanov said his fered the same fate. Victor Gonchar, Deputy the call for the truth behind their disappear- Chairman of the legitimate parliament, the nation ‘‘is ready for consultations, and we ances will only grow louder, haunting those re- have something to say.’’ 13th Supreme Soviet; his associate Anatoly sponsible for these crimes. The biggest question about a missile de- Krasovsky; and Dmitry Zavadsky, a camera- f fense is whether such a bogglingly complex man for the Russian television station ORT, system can, in fact, ever work. Results to have all disappeared without explanation. ‘‘A NEW DEFENSE POSTURE’’ date have not been encouraging. Efforts from Since the day Gen. Zakharenko vanished, the Reagan era forward have cost more than all evidence has pointed to the Lukashenka $60 billion. Tests in the ’80s were spotty, and HON. DOUG BEREUTER the few seeming successes were later shown regime as being responsible for his disappear- OF NEBRASKA ance. The regime has not made a serious ef- to have been either unrealistically simplistic IN THE HOUSE OF REPRESENTATIVES or just plain fudged. Three tests of a scaled- fort to account for Gen. Zakharenko. Rather Tuesday, May 8, 2001 down system in the ’90s yielded two failures. than investigate, the regime has targeted the The concept, nonetheless, remains appeal- missing general for personal attack, accusing Mr. BEREUTER. Mr. Speaker, this Member ing, particularly to those old enough to re- him of fleeing the country or going into hiding rises to commend to his colleagues an edi- member the duck-and-cover classroom drills E750 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2001 of the 1950s. The less-stable post-Cold War this week as the Regional Subcontractor of smuggling operations, while staying out of the world, with the addition of such nations as the Year. She is the first in our region to re- host nation’s respective internal affairs and Northern Korea, Iraq and Iran to the list of ceive this award. chain of command. Although an innovative ap- potential nuclear threats, adds to that. (In fairness, though, Ms. Hillburst’s father started the Commercial proach to drug policy, this helping-hand policy The ABM treaty is a sticking point, of Printing Company in Rockford in 1948. She is in obvious need of review, especially with sorts, but that doesn’t mean a new document assumed the helm of the company in 1989. respect to Peru. can’t be crafted to take its place. Contrary, The business performs customized and com- Mr. Speaker, as you know, Section 1012 of perhaps, to common perception, there is a mercial printing jobs. Rebecca Hillburst and the 1995 Defense Authorization Act requires provision for withdrawing from it. Either her four employees, George, Lars and Eleanor Russia or the United States can get out on Hillburst and Darcie Powelson are symbolic of that U.S. intelligence and related assets can six months’ notice by explaining that its the small entrepreneurial enterprise that only be used if the President determines ‘‘supreme interests’’ have been jeopardized whether drug smuggling comprise an ‘‘extraor- by events relating to the treaty. makes America great. I applaud their hard work and dedication. dinary threat to the national security of’’ the Bush, in his remarks on Tuesday, seemed foreign country and that ‘‘that country has the to have been laying the groundwork for such f an assertion. In any case, this much is cer- appropriate procedures in place to protect tain: A functioning missile defense is incom- EXPRESSING SYMPATHY TO FAM- against the innocent loss of life...which patible with the treaty, which forbids it. At ILY, FRIENDS, AND COWORKERS shall at a minimum include effective means to least the president chose not to figuratively OF VERONICA ‘‘RONI’’ BOWERS identify and warn an aircraft before the use of rip the document up, which some of his cam- AND CHARITY BOWERS force’’ is authorized. After temporarily sus- paign rhetoric last fall seemed to suggest. He pending air interdiction flights in early 1994, wants to—at some undetermined point—take SPEECH OF the legitimate exit route. former President Clinton made the determina- The president also wants to give back with HON. TODD RUSSELL PLATTS tion that Peru fulfilled Section 1012 one hand at least part of what he proposes to OF PENNSYLVANIA These straight-forward procedures include take away with the other. He’s convinced checking the flight plan of the observed air- (and he’s probably right) that the United IN THE HOUSE OF REPRESENTATIVES craft, establishing radio communications, mak- States doesn’t need nearly the nuclear arse- Tuesday, May 1, 2001 nal it now maintains. America has about ing visual contact to check the aircraft’s reg- 7,200 warheads; Russia, about 6,100. Under Mr. PLATTS. Mr. Speaker, as we all are istry and to give it visual instructions to land, various START agreements and negotia- well aware, on the morning of April 20th a Pe- getting permission to fire warning shots, then tions, both nations have agreed to a target of ruvian Air Force fighter jet erroneously shot disabling shots and finally, when all else fails 2,000 to 2,500. Bush has said lately that he en- down a single engine Cessna owned and op- and the aircraft refuses to comply, then and visions still lower numbers, and Moscow seems ready to go along. (Not the least of its erated by the Association of Baptists for World only then can permission be granted to shoot reasons is the cost savings.) Evangelism based in York County, Pennsyl- down a civilian aircraft. vania and located in my District. In so doing, Cost still casts a long shadow on the mis- All reports indicate that on that fateful Friday one American missionary was severely injured sile defense idea as well, though. Defense De- morning, over the strenuous objection of U.S. partment sources say even a rudimentary and two were tragically killed. personnel, Peruvian officials either moved too plan could start at $35 billion. One of the I want to express my profound sympathy to quickly through these procedures, or did not proposal’s harshest critics, Sen. Joseph James Bowers and his son Cory upon the implement them fully. The result was that a Biden of Delaware, has fielded a figure al- tragic and untimely loss of their wife and most 30 times higher; $1 trillion. At such bullet fired from a Peruvian Sukhoi—25 jet prices (in addition to what already has been mother, Veronica ‘‘Roni’’ Bowers and seven- month-old daughter Charity. I also want to ex- fighter passed through the fuselage of the tiny spent), the nation certainly deserves a sys- missionary plane, through the heart of Roni tem that works. Bush’s commitment to it press my sincere gratitude to the pilot of the should include a commitment to eliminating plane Kevin Donaldson, who despite severely Bowers and into the head of baby Charity, kill- the engineering hanky-panky that marked injuring both legs was able to land safely in ing both instantly. The air interdiction effort in previous tests. the Amazon River. Peru and the overall policy itself is mired in In coming months, Bush and other top offi- In addition, I want to urge the Association of questions. cials will be fanning out over Asia and Eu- Baptists for World Evangelism (ABWE) to con- rope, talking to America’s allies and seeking President Bush has requested $882 million input—views to be taken into account. This tinue to pursue their critical outreach efforts in for his Andean Regional Initiative in next has all the earmarks of a rational, reasoned the Amazon region and around the world. As year’s budget. This program will substantially approach far superior to the gunslinger rhet- a matter of background, the ABWE supports increase the investment in drug interdiction oric of last year’s campaign. It just might 1,300 missionaries in 65 countries worldwide. and eradication efforts in Peru and sur- work. The administration is to be congratu- The missionary group has worked in Peru rounding countries. Before Congress appro- lated for being both assertive and construc- since 1939 establishing Baptist churches, priates another dollar toward counter drug ef- tive. schools, camps, and centers for pregnant forts in Peru, I believe it is imperative for us f women, as well as providing medical care to review and rethink our interdiction policy. I throughout the Peruvian Amazon. More than urge Congress to look into tightening intercept SMALL BUSINESS WEEK 8,000 churches in the U.S. and Canada con- procedures in drug trafficking areas, as well as tribute money to support the mission of the strengthening the important role they have in HON. DONALD A. MANZULLO ABWE. But what makes ABWE’s mission so the oversight of our drug policy. OF NEW YORK successful are the countless American men, The United States should not expend tax- IN THE HOUSE OF REPRESENTATIVES women, and families from all walks of life who willingly sacrifice their precious time and effort, payer dollars to provide intelligence to a coun- Tuesday, May 8, 2001 and unfortunately sometimes their lives, to do try that apparently violates straight-forward, Mr. MANZULLO. Mr. Speaker, as Chairman God’s work. internationally recognized interception proce- of the Small Business Committee, I am The untimely death of Roni and Charity dures. Every effort must be made in our inter- pleased to join with the President in launching Bowers has brought to the forefront a signifi- diction policies and procedures to ensure Small Business Week. Small businesses rep- cant, but little known operation that takes against the innocent loss of life. We cannot resent the most important sector of our econ- place as part of our overall anti-drug policy. undo the horrific personal tragedy that James omy. They comprise 99.7 percent of all the Since the mid 1980’s, the Department of De- and Cory Bowers have endured with the loss employers in the United States. They provide fense has led an inter-agency air interdiction of their wife and daughter, mother and sister. two-thirds of the initial job opportunities for effort to close the ‘‘air bridge’’ between coca We can, however, do our utmost as a nation Americans. And, they provided over $63 billion fields in the Andean region of Peru and Bolivia to ensure that through procedural reforms of worth of goods and services to the federal and the production facilities in Colombia. The the interdiction program, this private tragedy is government. idea was that the United States would provide transformed into a public good, so that no One of my constituents, Ms. Rebecca intelligence and other assets to the host na- other family will suffer a similar heartache and Hillburst of Rockford, Illinois, will be honored tions for the detection and elimination of drug loss in the future. CONGRESSIONAL RECORD — Extensions of Remarks E751 COMMEMORATION OF THE of H.R. 10, the Comprehensive Retirement fact that Americans pay more in taxes than for ARMENIAN GENOCIDE Security and Pension Reform Act of 2001 and these necessities. In 1992, National Tax Free- strongly support its enactment. dom Day was nearly a whole month earlier— HON. NITA M. LOWEY I ask unanimous consent that the RECORD April 18. The hard-working, American tax- OF NEW YORK reflect that my vote on final passage should payers deserve a break! IN THE HOUSE OF REPRESENTATIVES have been ‘‘yea.’’ Given the significance of the day, it is per- f haps fitting that we are considering the budget Tuesday, May 8, 2001 conference report. That package includes Mrs. LOWEY. Mr. Speaker, today I rise in AN ARTISTIC DISCOVERY $1.35 trillion in tax relief for all American tax- commemoration of the Armenian Genocide, a payers. With this tax relief, they can begin to horrific event in world history that took the HON. DARLENE HOOLEY earn for themselves a little sooner, and to plan lives of 1.5 million Armenians and tore the Ar- OF OREGON for their priorities and their needs a little ear- menian nation from its historic homeland. IN THE HOUSE OF REPRESENTATIVES lier. The Armenian Genocide, the first act of In fact, current forecasts—under the as- Tuesday, May 8, 2001 genocide in the twentieth century, is emblem- sumption that there are no changes in the tax atic of the high human cost of senseless ha- Ms. HOOLEY of Oregon. Mr. Speaker, I rise laws—have National Tax Freedom Day in tred and prejudice. I join my colleagues today, today to show my deepest appreciation for 2011 falling on May 10. But, if the Bush tax in solidarity with the Armenian-American com- some of the most dedicated people I know. relief package were passed, that date would munity and with Armenians throughout the This last weekend, I held an art competition be pulled back to May 5. In Washington terms, world, to commemorate this dark period in for high school students in the 5th Congres- where we throw around numbers in the mil- human history and to ensure we take to heart sional District called ‘‘An Artistic Discovery’’. lions, billions, and trillions everyday, five days the lessons learned from this tragedy. The leg- Eight schools and over 50 children partici- may not seem like much. But, to the family liv- acy of those who were lost must be our pated in the competition, producing some of ing paycheck to paycheck or trying to set pledge to remember—and to prevent such an the most creative, innovative pieces of art I’ve aside a little bit in personal savings for the fu- episode from happening again. ever seen. All of these future artists deserve ture, it means a lot. We have already learned the lessons of for- to be recognized. It is in their honor, Mr. Speaker, that I am getting. The indifference of the world to human Today however, I rise to pay respect to the pleased to support efforts to let them keep suffering and the slaughter of 1.5 million Ar- behind-the-scene heroes of ‘‘An Artistic Dis- more of their hard-earned money in their own menians set the stage for the Holocaust, eth- covery’’—the teachers. The dedication these homes, and to support the $1.35 trillion in tax nic cleansing in Kosovo, and other tragic teachers have for their students, art, and for relief in our Fiscal Year 2002 budget. events of a massive scale. Today’s com- teaching doesn’t come from a textbook, or f memoration comes too late for those who from years of experience. The pride that radi- have already fallen victim to blind hatred. But ated from these teachers faces when their stu- FORT OSAGE we hope and pray that it is not too late for dents stood next to their artwork came from those in danger around the world. deep inside their soul. HON. SAM GRAVES As we recall the Armenian Genocide and On this day, Teacher Appreciation Day, I OF MISSOURI mourn its victims, we renew our pledge to the would like to show my appreciation for the IN THE HOUSE OF REPRESENTATIVES teachers who put so much work into making Armenian nation to do everything we can to Tuesday, May 8, 2001 prevent further aggression, and we renew our ‘‘An Artistic Discovery’’ a success. Several commitment to ensuring that Armenians teachers helped to make this event possible, Mr. GRAVES. Mr. Speaker, I rise today to throughout the world can live free of threats to including: Karin Hughes from South Salem, recognize the importance of Fort Osage as a their existence and prosperity. Lynn Pass from West Linn, John Allgood from landmark identified and later developed by Unfortunately, we must still work toward this Gladstone, John Beck of Dallas, Judy Meriwether Lewis and William Clark during the simple goal. Azerbaijan continues to blockade Frohreich of Stayton, Wendy Edginton of voyage of the Corps of Discovery. Armenia and Nagorno-Karabagh, denying the Clackamas, John Widder of Tillamook, and In June of 1804, the Corps of Discovery Armenian people the food, medicine, and Donna Hues of John F. Kennedy High School passed a high bluff on the Missouri River— other humanitarian assistance they need to in Mt. Angel. which would later become Fort Osage in Jack- lead secure, prosperous lives. The United Without these teachers, their students would son County, Missouri. Only four years later, States has taken a leadership role in trying to have missed out on the opportunity to display Clark returned to initiate construction on a Fort bring the blockade to an end and crafting a their wonderful artwork and we would have and trading-house under the direction of the solution to this tragic conflict. As we look for- missed the chance to enjoy it. War Department. Clark noted ‘‘The River ward to a new round of proximity talks in f could be completely defended’’ and he June, we are filled with hope that this year we deemed the ‘‘situation elegant.’’ IN HONOR OF FLORIDA TAX will see peace and stability in the Caucasus. Fort Osage (or Fort Clark as it was originally FREEDOM DAY 2001 Mr. Speaker, the Armenian people have named) played an important role in the explo- shown true resilience in confronting the many ration and development of the West. Goods obstacles they have faced in the last century. HON. ANDER CRENSHAW were traded with the Osage, Ayauway and From the ashes of the Genocide, Armenians OF FLORIDA Kansas tribes at this site for years to come. have become a strong people, making great IN THE HOUSE OF REPRESENTATIVES Fort Osage proved to be the single most prof- itable trading post of its kind in the United contributions throughout the world, In the Tuesday, May 8, 2001 words of Armenian-American author William States and the territories. We are indebted to Saroyan, ‘‘when two of them meet anywhere Mr. CRENSHAW. Mr. Speaker, starting the legacy of the Fort and the people who in the world, see if they will not create a New today, the average hard-working Floridian lived, worked and defended the Fort. Their Armenia.’’ starts to work for himself and his family. courage had a profound effect on the evo- Mr. Speaker, I join my colleagues in hoping Today is Florida’s Tax Freedom Day. On lution of our nation. that we will soon see a ‘‘New Armenia,’’ and average, for the last 128 days, Floridians have As part of the Lewis and Clark Bicentennial in pledging to hasten its arrival. been working to earn the money they need to Commemoration, Jackson County Parks and pay their federal, state, and local taxes. In Recreation is proposing an innovative edu- f other parts of the country, where state and cation center. The education center would PERSONAL EXPLANATION local taxes are higher, Tax Freedom Day still showcase artifacts and exhibit the significance hasn’t come. of the Missouri River. I believe this education HON. BOBBY L. RUSH Mr. Speaker, last week we hit the American center is a wonderful addition to the com- OF ILLINOIS average—May 3 was National Tax Freedom memoration and will help visitors understand IN THE HOUSE OF REPRESENTATIVES Day. That means it takes 123 days for the av- the significance of Fort Osage. It is the only erage American to earn enough to pay their site along the trail where Clark returned to de- Tuesday, May 8, 2001 tax bills. Curiously, it only takes 106 days for velop a facility that fulfilled the goals of Presi- Mr. RUSH. Mr. Speaker, on rollcall vote No. them to earn enough to pay for their food, dent Thomas Jefferson’s dream of commerce 96, I inadvertently voted no. I am a cosponsor shelter, and clothing combined, proof of the and development with the west. E752 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2001 The significance of Fort Osage is not limited been able to re-establish contact with the ness.’’ They risked their lives to help the peo- to Lewis and Clark. Both the Yellowstone Ex- Kalmyk people in the Russian Federation. For ple of Southeast Asia because they were in pedition and the Long Expedition visited the the past ten years, a wide exchange has been danger and had their human rights taken Fort in 1819. The Long Expedition brought the developed between relatives, students and away. I ask you to join me today in recog- first steamboat, Western Engineer. Only years professionals. nizing these heroic figures who proved to us later, William Becknell arrived at Fort Osage, Mr. Speaker, our country is so much richer the meaning of bravery and diligence. using the site as mile marker ‘‘0’’ for the Santa for the presence of our Kalmyk-American citi- Fe trail, again distinguishing the importance of zens. I urge my colleagues to join me and my f the Fort in relation to commerce in the west. colleagues Mr. HOYER, Mr. PITTS, Mr. CARDIN, Due to the area’s historical significance, the Mr. WAMP, and Mr. HASTINGS, in congratu- VAISAKHI DAY Fort Osage Education Center was proposed lating the Kalmyk-American community on the as part of the Lewis and Clark Bicentennial fiftieth anniversary of their settlement in the Commemoration. The Education Center was United States by cosponsoring and supporting HON. DAN BURTON recently recognized by the Lewis and Clark Bi- this resolution. OF INDIANA centennial Commission as the priority project f IN THE HOUSE OF REPRESENTATIVES in Missouri and I am honored to have this historical site in my district. I look forward to the IN HONOR OF THE MEMBERS OF Tuesday, May 8, 2001 events surrounding the bicentennial com- THE STRATEGIC TECHNICAL DI- memoration at Fort Osage and in other areas RECTORATE COMMANDOS FAM- Mr. BURTON of Indiana. Mr. Speaker, the of the 6th District of Missouri. I join the Mis- ILY TORRANCE, CA Sikhs recently celebrated their important holi- souri Bicentennial Commission, the Missouri day of Vaisakhi Day. It is the 302nd birthday Department of Conservation and the United HON. LORETTA SANCHEZ of the Sikh Nation. On Vaisakhi Day in 1699, Guru Gobind Singh, the last of the Sikh gurus, States Geological Survey in full support of the OF CALIFORNIA formed the Khalsa Panth. He blessed them proposed Fort Osage Education Center. IN THE HOUSE OF REPRESENTATIVES with the blessing ‘‘Raj Kare Ga Khalsa,’’ which f Tuesday, May 8, 2001 means, ‘‘the Khalsa shall rule.’’ RESOLUTION ON KALMYK Ms. SANCHEZ. Mr. Speaker, today, I rise to The Sikhs consider Vaisakhi a very impor- SETTLEMENT IN AMERICA pay tribute to a very extraordinary group of tant holiday. It is effectively the Sikh national members who are being commemorated for holiday. As this Vaisakhi Day passed, how- HON. CHRISTOPHER H. SMITH the Presidential Unit Citation. These heroic ever, the Sikh Nation still lives in slavery. members of the Strategic Technical Direc- OF NEW JERSEY Sikhs ruled Punjab from 1765 to 1849. They torate Commandos Family passionately and IN THE HOUSE OF REPRESENTATIVES ran a secular state with religious tolerance. diligently sacrificed their lives for ‘‘life, liberty, Sikhs, Muslims, and Hindus participated in the Tuesday, May 8, 2001 and the pursuit of happiness’’ for the people of government. When the British vacated the Southeast Asia. Mr. SMITH of New Jersey. Mr. Speaker, subcontinent, the Sikhs were to receive sov- During the Vietnam War, the people of today I am introducing a resolution congratu- ereign power, but they were taken in by the Southeast Asia and the fighting soldiers of the lating the Kalmyk people in the United States false promises of Nehru and Gandhi that they United States faced many challenges that on the fiftieth anniversary of their settlement in would have freedom in Punjab. No Sikh rep- jeopardized their lives. But in 1964, the Stra- this country. The resolution also encourages resentative has ever signed the Indian con- tegic Technical Directorate (the U.S. joint serv- continuing scholarly and educational ex- stitution, and many Sikhs are demanding their ices command) was created to help the U.S. changes between the Russian Federation and independence, as declared on October 7, and Southeastern Asian soldiers to fight for the United States to encourage better under- 1987. Although they seek this peacefully, India freedom. The Strategic Technical Directorate standing and appreciation of the Kalmyk peo- considers anyone who speaks out for a sepa- included the best selected group of officers. ple and their contributions to the history and rate Sikh state, called Khalistan, to be a ‘‘ter- The members showed their intelligence, com- culture of both countries. rorist.’’ Instead, it is India that has used the The Kalmyks were originally an ethnic Mon- mitment, and bravery in combat. They self- tools of terrorism. golian nomadic people who have inhabited the lessly risked their own lives in hopeless situa- Russian steppes for around 400 years. The tions to save others. For example, in 1974, the A new report from the Movement Against present Kalmyk Republic of the Russian Fed- North Vietnamese Army attacked the city of State Repression shows that the Indian gov- eration is located north of the Caspian sea in Phuoc Long. 250 Airborne Rangers came to ernment holds, by its own admission, at least southern Russia. During World War II, the the rescue, but they faced brutal assaults from 52,268 political prisoners under the illegal and Kalmyk people were one of the seven ‘‘pun- the North Vietnamese Army and lost contact expired ‘‘Terrorist and Disruptive Activities ished peoples’’ exiled en masse by Stalin to with the Strategic Technical Directorate. After Act,’’ called TADA. Both the Movement ‘‘special settlements’’ in Siberia and Central a four-day search, the Strategic Technical Di- Against State Repression and Amnesty Inter- Asia for allegedly collaborating with the Nazis. rectorate found only 50 percent of their sur- national have confirmed that tens of thou- There were about 170,000 deportees. After viving members in the city. Another example is sands of political prisoners are being held World War II, several hundred Kalmyks who during April 1975. The Strategic Technical Di- without charge or trial. Some of them have managed to escape the Soviet Union were rectorate’s Special Missions Services went to been in jail since 1984. According to The Poli- held in Displaced Persons camps in Germany. the city of Phan Rang, where the North Viet- tics of Genocide by respected human-rights For several years, they were not allowed to namese were attacking the city. 100 of their worker Inderjit Singh Jaijee, the Indian govern- emigrate to the United States because of prej- additional commandos were captured by the ment since 1984 has murdered over 250,000 udice against their Mongolian ethnicity. North Vietnamese Army. Then the remaining Sikhs. They join thousands of Christians, Mus- However, on July 28, 1951, the Attorney Strategic Technical Directorate units went to lims, Dalits, and others who have been killed General of the United States issued a ruling defend Saigon. By the final days of April, the at the hands of the Indian government. which cleared the way for the Kalmyk people North Vietnamese Army surrounded the cap- In the spirit of Vaisakhi, the U.S. Congress in the Displaced Persons camps in Germany ital. The Strategic Technical Directorate did should support freedom for the Sikh Nation to enter the United States. In the fifty years not give up. 500 SMS commandos, the head- and the other nations of South Asia who are since their arrival, the Kalmyk emigres and quarters personnel, and the Liaison Service seeking their sovereignty and independence. their descendants have survived and pros- barged in and fought until capitulation on April We must support a free and fair plebiscite in pered. Moreover, they are the first community 30. These two examples prove how the mem- Punjab, Khalistan, on the question of inde- of Tibetan Buddhists to settle in the United bers of STD risked their lives and put 100 per- pendence and also plebiscites for Kashmir, as States. While adapting to much of America’s cent of their diligence and commitment in win- India promised in 1948, for Nagalim, and for diverse and modern culture, the Kalmyk have ning the freedom for Southeast Asia. all the nations living under Indian occupation. also sought to preserve their own unique tradi- The members of the Strategic Technical Di- We should also cut off American aid until India tions. Many continue to practice the Tibetan rectorate Commandos Family will not be for- learns to respect its own laws and the basic Buddhist religion. gotten, but be remembered and honored, for human rights of all people. Let the Sikhs, cele- Since the collapse of the Soviet Union, the their survival, courage, and dedication in fight- bration of Vaisakhi remind us that the freedom Kalmyk community of the United States has ing for ‘‘life, liberty, and the pursuit of happi- is the birthright of all peoples and nations. CONGRESSIONAL RECORD — Extensions of Remarks E753

COUNCIL OF KHALISTAN, 17 10 after the complete destruction of city of prays for the well being of the whole human Washington, DC, April 16, 2001. Sirhand where the two younger sons of Guru race. We wish every human being in the OPEN LETTER TO THE SIKH NATION: POLITICAL Sahib were beheaded after immobilizing world, including South Asia, well. We hope PRISONERS SHOULD RUN IN ELECTIONS them in a wall. Sikhs regained that the entire world will live in peace and In 1947, when India was divided, the cun- freedom and let the Sikh Nation also flour- FORM KHALSA RAJ PARTY, START A STANTMAI ish, prosper, and enjoy the glow of freedom MORCHA TO FREE KHALISTAN ning and deceitful Hindu leadership of Nehru and Gandhi promised that Sikhs would have in a free Khalistan. Several reports, including a recent one the glow of freedom in Punjab and that no from Amnesty International, confirm that Khalsa Ji, always remember ‘‘Khalsa Bagi law affecting Sikh rights would be passed tens of thousands of Sikh political prisoners Yan Badhshah’’ and ‘‘Raj Kare Ga Khalsa.’’ without Sikh consent. As soon as the trans- are being held in illegal detention in India Sincerely, fer of power had occurred and India was free, without charge or trial. Democracies do not DR. GURMIT SINGH AULAKCH, those promises were broken. Instead, India hold political prisoners, yet tens of thou- President Council of Khalistan. began its effort to wipe out the Sikh people, sands of political prisoners are being held in the Sikh Nation, and the Sikh religion. The ‘‘the world’s largest democracy.’’ Home Ministry even sent a circular to the f Recently, 19 Members of the U.S. Congress deputy commissioners of Punjab saying that wrote to President Bush asking him to get Sikhs are ‘‘a criminal tribe’’ and should be TRIBUTE TO MS. PAT SHIELDS involved in the effort to secure freedom for carefully watched. Since independence, these political prisoners. These political prisoners are being held for peaceful activi- Sikhs have been persecuted, betrayed, robbed ties in support of a sovereign, independent of their natural resources, and discriminated HON. RONNIE SHOWS against. We must stand up against the op- Khalistan and/or activities in support of OF MISSISSIPPI human rights. Some of these political pris- pressors and say enough is enough. We will IN THE HOUSE OF REPRESENTATIVES oners have been held since 1984. We must se- no longer live under your oppressive regime. Badal did not even fulfill the promises he cure their freedom. Tuesday, May 8, 2001 Sovereignty is essential to the survival of made before the election. How can they call the Sikh Nation. As long as we live under In- themselves an Akali government when more Mr. SHOWS. Mr. Speaker, I rise today to than 50,000 people have been tortured, mur- dian rule, these political prisoners will con- honor a distinguished woman from Mississippi, tinue to be held and we will all continue to dered, declared unidentified, and cremated by the police? There is no accountability for Ms. Pat Shields. It is my great privilege to live as slaves. The only way that Sikhs can share with my colleagues in Congress her live in freedom is to liberate our homeland. them and no police official has been pun- Self-determination is the right of all peoples ished. How can they call themselves an Akali many attributes and noteworthy career as a ci- and nations. government when they have not punished vilian employee in the United States Army. We must tell the Indian government that Swaran Singh Ghotna, the murderer of For thirty years Ms. Shields has been a we demand our freedom. In order to do so, Jathedar Gurdev Singh Kaunke, and the model of dedication, compassion and service other police officers who kidnapped and mur- the political prisoners should run for Par- in the United States Army. The Ole Miss com- liament and for the Legislative Assembly dered human-rights activist Jaswant Singh munity quickly learned how lucky they were to under the banner of the Khalsa Raj Party. Khalra? With a Khalsa Raj Party and with The primary plank of the Khalsa Raj Party the politicl prisoners elected, these people make her acquaintance 27 years ago, when should be freedom for Khalistan. The Khalsa can be brought to justice. she came to work with their ROTC program. Panth must be prepared to pay any price, In pursuit of its divide and rule strategy, With a smile on her face and a remarkably whatever it may be, to free ourselves from the Indian government has murdered over thoughtful attention to detail, Mrs. Shields has the occupation of the Indian government. 250,000 Sikhs in their effort to create fear worked with over 8,000 students to help them We must have a full and fair plebiscite on psychosis and destroy the Sikh freedom realize their dreams. Her assistance has re- movement. Tens of thousands of Sikh youth the status of Khalistan and we must launch sulted in the commission of over 500 cadets to a Shantmai Morcha to liberate Khalistan. If are being held as political prisoners without the U.S. Army and Mississippi National Guard. the political prisoners run for office, Sikhs charge or trial. Recently, it has tried to set will have someone to vote for who is com- the Sikhs and the Kashmiri Muslims against As Ms. Shields prepares to retire, I have mitted to freedom. None of the current par- each other by creating incidents between the been overwhelmed by the number of people ties will make any effort to liberate communities. Over 20,000 people were mur- who say their lives have been touched by her Khalistan. dered in Delhi alone after Indira Gandhi’s as- presence. The Ole Miss community has both sassination. So far, the perpetrators of these If the political prisoners will not run for deep regret and fond wishes for her departure. office from their jail cells, then their family heinous crimes roam free in Delhi. The They know though, as do her children, David, members should be given the Khalsa Raj Khalsa Raj Party must demand account- Party ticket in the elections. We must have ability for the perpetrators of these atroc- Don, and Lisa, and her granddaughter, Eliza- a real choice that will allow us to demand ities. beth Ann, that no woman is more deserving of our freedom. Only then can our ve make any After the Golden Temple attack in June an enjoyable retirement than Pat Shields. difference. Let us vote for a free Khalistan, 1984 by the Indian government it was clear to Mr. Speaker, I ask my colleagues to rise the Sikhs that the Indian government is de- not just for a change of faces among the op- with me in commending Pat Shields for her pressors. termined to destroy Sikhism completely. Guru Gobind Singh Sahib gave sovereignty The attack on the Golden Temple was confine service to this nation. It is both a pleasure to the Khalsa Panth. ‘‘In Grieb Sikhan Ko ducted to crush the Sikh aspirations of and a privilege to recognize such a true south- Deon Patshahi’’, that is ‘‘Khalsa shall rule Khalsa Raj. It doesn’t matter whether Con- ern lady from our great state of Mississippi. and is sovereign.’’ Guru gave the Sikh Na- gress or the BJP runs the government. tion sovereignty. Nations that do not have Former Indian Prime Minister Chandra f sovereignty perish. Nations that do not have Shekhar said that there is no difference be- political power vanish from the face of the tween Congress and the BJP. He is right. The HONORING DR. JOSEPH S. BAILES Earth. Sikhs are instructed to remain free party label on the Hindu majority does not always. It is time to reclaim freedom that is matter. Congress and BJP are equally anti- our birthright. In a free Khalistan Sikhs will Sikh. Only a Khalsa Raj Party will work to HON. KEN BENTSEN enjoy freedom and respect the world over. break the cycle of tyranny and oppression. For the survival of Sikh Nation, we must re- Do you want to live as slaves and jeop- OF TEXAS gain our lost sovereignty. It is our duty as ardize the future of your children and your IN THE HOUSE OF REPRESENTATIVES Sikhs. children’s children, disobeying the Guru’s The present Akali government and its order of Raj Kare Ga Khalsa, or do you want Tuesday, May 8, 2001 leadership is corrupt to its bone. The Akalis to free yourself from the slavery of the In- are in alliance with the militant Hindu fun- dian government and enjoy the blessings and Mr. BENTSEN. Mr. Speaker, I rise to honor damentalist BJP, which has recently been happiness of Guru by freeing Khalistan? Al- my constituent, Dr. Joseph S. Bailes, on the rocked by a corruption scandal as well. They ways remember that the Guru gave the Sikh occasion of an event on May 12, 2001, in San are agents of the Indian government. They Nation Charhdi Kala. Francisco, California by the National Coalition take their orders from Delhi rulers. They lie For the Charhdi Kala of the Khalsa Panth, for Cancer Survivorship honoring him and the to the Sikh Nation. We must discard them let’s join hands to form a Khalsa Raj Party American Society of Clinical Oncology. now and replace them with a new com- to free our homeland, Khalistan. We pray mitted, honest, pro-Khalsa Panth leadership. and ask the blessing of the Guru to help us There is scarcely a person among us who As instructed by the Guru, Banda Singh achieve the pious, God-given right to free- has not been touched by cancer. This dis- Bahadar established the first Khalsa Raj in dom for the Sikh Nation. The Khalsa Panth ease—actually more than a hundred different E754 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2001 diseases—is one of the greatest public health RECOGNIZING THE 25TH ANNIVER- HONORING WESTERN STATE COL- challenges we face in this country, particularly SARY OF THE MAINE ADMINIS- LEGE GRADUATES, RICHARD as our population ages and thus becomes TRATORS OF SERVICES FOR AND GRACE NUGENT more susceptible to cancer. If we are to meet CHILDREN WITH DISABILITIES this challenge, if we are to take full advantage of the many opportunities presented by the ex- HON. SCOTT McINNIS citing discoveries of basic science in recent HON. JOHN ELIAS BALDACCI OF COLORADO years, and if we are to fulfill the promise of OF MAINE IN THE HOUSE OF REPRESENTATIVES quality cancer care for all our citizens, it will require visionary and energetic leadership. IN THE HOUSE OF REPRESENTATIVES Tuesday, May 8, 2001 That kind of leadership has been provided for Tuesday, May 8, 2001 Mr. MCINNIS. Mr. Speaker, I would like to more than a decade by my friend and con- take this opportunity to congratulate two West- stituent, Dr. Joseph S. Bailes. Dr. Bailes is Mr. BALDACCI. Mr. Speaker, I rise today to ern State College graduates. Richard and currently the Executive Vice President of Clin- recognize the 25th Anniversary of the Maine Grace Nugent will graduate in May with de- ical Affairs at US Oncology, the largest private Administrators of Services for Children with grees in art and English. But they are not your oncology practice in the United States. Disabilities, or MADSEC. MADSEC has been typical grads. Richard is going on 69 and Dr. Bailes has recently completed more than a leader in the provision of educational and Grace will soon turn 64 years old. a decade of service to the American Society support services to children with disabilities in Richard and Grace have been students at of Clinical Oncology (ASCO), which is the Maine since 1976. In that time, Maine has de- leading medical professional society for physi- WSC since 1998. Grace attended college for veloped a model program which benefits the the first time, while Richard is finishing his cians involved in cancer treatment and re- children of my state in many ways. search. Under the public policy guidance of education, which was cut short in the 1950’s. Maine was unique among several states in Joe Bailes, ASCO has been involved in almost ‘‘We’ve always had some kind of goal—some the development of special education services. all significant legislative and regulatory initia- kind of plan we were working towards,’’ Grace From its earliest days, MADSEC has main- tives during this past decade of great change said in a recent Denver Post article. ‘‘A lot of tained an open and positive working relation- in the health care delivery system generally people our age figure they’re done. We contin- ship with the Maine Department of Education’s and in cancer care specifically. ually have something to look forward to.’’ During Dr. Bailes’ long tenure as Chair of Special Services Division. By collaborating Richard and Grace had been operating a ASCO’s Clinical Practice Committee, he was with the state agency, MADSEC has been bed and breakfast in Crawford, Colorado when confronted with various challenges, each of able to help effectively address concerns, they decided they needed a new challenge. which posed a threat to quality cancer care. issues, and complaints in a productive manner They were not your ordinary nontraditional stu- Among which eventually helps all parties involved find dents. Instead of just attending classes, Rich- Dr. Bailes also served as President of a reasonable outcome. ard and Grace decided to immerse them- ASCO, the first in more than 20 years to be In addition to its problem-solving function, selves in the college experience. They moved elected as a community oncologist rather than MADSEC has been a joint-sponsor of several into the dorms, ate college food and hit the an academic. His election reflected wide- successful Professional Development training hot college hang outs on Friday nights. ‘‘They spread recognition within the cancer commu- opportunities for administrators, teachers, and blend in well. They seem to belong,’’ said nity of Dr. Bailes’ important and diverse con- support staff. The ‘‘Select Seminars’’ offered Robert Sewell, a student who works out with tributions to oncology beyond considerations by MADSEC and the Special Services Division Richard. of reimbursement or coverage for the private are intensive work sessions which focus pro- ‘‘This is so great,’’ Richard said. ‘‘Have you physician. His voice has been a powerful one fessional attention and problem-solving skills ever been in nursing homes? They’re just sit- for everybody with cancer, as well as for the on some of the most troublesome issues in ting there. But look around here, there is life professionals who care for them. the special education arena. here.’’ After graduation, Richard and Grace Aside from these public policy activities, I MADSEC also publishes a professional jour- will start their new careers as English teachers also commend Dr. Bailes for his dedication nal for special education administrators and in China. and skill as a physician who cares for indi- staff which has provided consistent information Mr. Speaker, it is great to see two people so vidual patients in a thoughtful and compas- and commentary on many issues. Members far along in life return to their youth. I want to sionate manner. In fact, Dr. Bailes has suc- can access a website for instant information, congratulate Richard and Grace Nugent on cessfully treated members of my own family professional resources, and the latest news in their graduation and wish them all the best for cancer-related illnesses and I am grateful the field. teaching English in China. I know they will put for his dedicated service to patients in the On a national level, MADSEC sponsors the forth the same effort and enthusiasm with their Houston area. I know no one better at cancer new career as they did in college. diagnosis and treatment than Dr. Bailes, and annual Maine Director’s Academy, a profes- Richard and Grace, job well done! his motivation is not public acclaim but the sional development and policy study event for welfare of his patients. This is the ideal we ex- special education administrators from across pect of all our doctors. the country. Special educators from more than f This May Dr. Bailes will be recognized and 30 states and Canadian Provinces have attended in the Academy’s 20-year history, and TRIBUTE TO ENSIGN RICHARD J. honored by the National Coalition for Cancer BENSING Survivorship (NCC), the largest national orga- the Academy has been recognized by several nization advocating on behalf of people with national professional organizations. all kinds of cancer. The occasion will be the I am proud to bring the anniversary of this HON. JIM DAVIS 37th Annual meeting of ASCO in San Fran- important organization to the attention of Con- OF FLORIDA cisco, where colleagues from all over the gress here today. The children of Maine and world will assemble to hear the latest develop- the nation have benefitted greatly from the IN THE HOUSE OF REPRESENTATIVES ments in cancer prevention, diagnosis, and leadership provided by MADSEC over the last Tuesday, May 8, 2001 treatment. It is fitting that Dr. Bailes will be in- 25 years. I look forward to continuing ad- dividually honored in this impressive context. vances in special education administration and Mr. DAVIS of Florida. Mr. Speaker, I rise to Mr. Speaker, I congratulate Dr. Bailes on his technology that groups such as MADSEC will honor Ensign Richard J. Bensing, a member many years of service in the fight against can- facilitate. Children with disabilities must not be of the U.S. Navy EP–3 aircraft crew who was cer and for his many achievements. He is an forgotten or allowed to fall behind. For the last detained on the island of Hainan, China, last inspiration to all advocates against cancer, 25 years, members of the Maine Administra- month following their harrowing collision with a whether they are patients or former patients, tors of Services for Children with Disabilities Chinese F–8 fighter. parents or friends of cancer patients, the phy- have worked to ensure such children get Yesterday, I had the pleasure of joining sicians or other health professionals who treat every chance they can to succeed. I thank more than 200 people in welcoming Ensign them, or the research organizations that seek them for a quarter-century of fine work, and Bensing back to his alma mater, Brandon High improved cancer therapies. look forward to their next 25 years. School, in my hometown of Hillsborough CONGRESSIONAL RECORD — Extensions of Remarks E755 County, Florida. The crowd packed in the the true purpose of the transactions affected founded by Janine Giordano and Tracie school’s auditorium was evidence of the im- by this bill. In these cases, reinsurance is writ- Jedlicka. pact that last month’s incident had on citizens ten between related parties—a U.S. subsidiary BASE reached across to 11 school districts across America. cedes U.S. business to its foreign based par- and communities to encourage children to be The ordeal that Ensign Bensing endured ent—to obtain a tax benefit. No risk has been better people, more caring and considerate to may have occurred halfway around the world, spread in this transaction, the company is sim- one another, and active participants in making but it captured the minds and hearts of the en- ply moving money from one pocket to another their neighborhoods a better place. tire nation. The flight, and the eleven long pocket within the same corporate entity. As the former Town Supervisor of days following, reminded us of the great risk Mr. Speaker, this is clearly a very technical Brookhaven, I worked with BASE on this that our men and women in uniform take issue, but that should not stop Congress from worthwhile and important initiative. every day to keep our nation free. Our service moving quickly to shut down this loophole. If Young people and community groups men and women, wherever they are stationed, we do not stop this practice, other U.S. com- throughout the First District of New York and represent the best of our country—they are panies will be forced to relocate to Bermuda, Suffolk County expressed their support by dis- our nation’s sons and daughters. We can or be bought by a Bermuda based parent, in playing lavender ribbons, creating banners never take their sacrifice for granted, and in order to stay competitive. This, in turn, will re- and signs marking Violence Prevention Week, this case, we should be extremely grateful that sult in a significant reduction in U.S. corporate and held community meetings and student as- Richard and the entire crew returned home tax payments, and has implications not only semblies. safely. for the property casualty business but also for BASE’s goal could have only been achieved I would like to commend Richard Bensing affiliated corporations, especially life insurance through the hard work and support of many and all of his fellow crew members for the ex- companies, who could in theory benefit from volunteers, parents, students, schools and traordinary dedication and professionalism this loophole. government officials. These schools and they demonstrated throughout their ordeal. By Mr. Speaker, this may be simply one issue groups include: your example, you have made us proud to be in a series of issues that may need to be ad- Miller Place, Rocky Point, Shoreham-Wad- Americans. We are glad to have you home. dressed by Congress. For example, there is ing River, Comsewogue, Sachem, Longwood, f another, separate issue, emerging involving Middle Country, Patchogue-Medord, Bellport, hedge funds and Bermuda insurance compa- Bayport-Bluepoint and Commack, the North REINSURANCE TAX EQUITY ACT nies. When U.S. taxpayers invest in hedge Shore Youth Council, Brookhaven Town and funds, they pay taxes each year on realized Suffolk County. HON. RICHARD E. NEAL profits, usually at the ordinary income tax rate. Mr. Speaker, I want to add my voice and OF MASSACHUSETTS However, if they invest in shares of an off- that of the First Congressional District of New IN THE HOUSE OF REPRESENTATIVES shore reinsurance company in a tax haven York in congratulating the fine work of BASE Tuesday, May 8, 2001 country like Bermuda, they pay nothing on and all those who participated in making Vio- trading profits until they sell shares of the lence Prevention Week in Suffolk County a Mr. NEAL of Massachusetts. Mr. Speaker, company and those profits are taxed at the success. today I am joining my colleague, Representa- capital gains rate. Congress has taken the po- f tive NANCY JOHNSON, in introducing legislation sition several times over the past few years to put an end to the Bermuda reinsurance tax that investors should not get better tax treat- ACHIEVING POLITICAL STABILITY loophole. ment by investing indirectly than they would AND BALANCE IN HAITI During the past few years, several Ber- have gotten if they had made a direct invest- muda-based companies have either acquired ment in an asset. To quote one article, ‘‘The HON. BARBARA LEE a U.S. property-casualty insurer, or U.S. rein- Bermuda reinsurance game is a thing of beau- OF CALIFORNIA surers have relocated to Bermuda. One rea- ty. High-net-worth investors get the double tax IN THE HOUSE OF REPRESENTATIVES son for these actions was to allow insurers to advantage of investing in a Bermuda insur- Tuesday, May 8, 2001 avoid U.S. income tax on investment income ance company while literally capitalizing on by reinsuring their U.S. owned subsidiaries’ re- hedge fund returns. Institutional investors that Ms. LEE. Mr. Speaker, on the heels of a serves to a parent located in a tax haven such might be prohibited from investing directly in successful OAS summit in Quebec, Canada, as Bermuda, which has no income tax. It hedge funds can do so through an insurance Haiti President Jean Bertrand Aristide has re- works like this: the company pays a one-time company . . . You are effectively taking U.S. doubled his personal efforts to include all par- I percent federal excise tax to reinsure off- assets and moving them offshore. . . .’’ ties in achieving political stability and balance shore, and in return, the foreign reinsurer Mr. Speaker, I believe we need to look gen- in Haiti. In an effort to achieve this objective, earns tax-free investment income on the trans- erally at these issues. However, the matter at on his return from the Summit, President ferred reserves for as long as they are held hand is one specific transaction that has been Aristide, publicly stated, ‘‘This is the hour of offshore. By escaping all U.S. income tax on studied for a year at the Treasury Department, dialogue, this is the hour of consultation, this investment income, these companies can and it is time to either create fair competition is the hour of consensus, this is the hour of have up to a ten percent pricing advantage for U.S. businesses, or declare that the U.S. compromise. Our arms are open to receive all over U.S. taxpaying companies in the U.S. in government does not care if U.S. tax laws our citizens in mutual respect to continue to the ‘‘long-tail’’ insurance marketplace. give a competitive advantage to foreign com- find those essential solutions for democratic Mr. Speaker, such an advantage for some panies doing business in the United States. growth.’’ foreign companies over U.S. owned compa- Putting words into action, the President in- f nies is patently unfair and should be elimi- vited all opposition groups, as well as mem- nated immediately. Our legislation solves the BASE-SPONSORED VIOLENCE bers of the private sector and civil society to problem by deferring the deduction for reinsur- PREVENTION WEEK meet with him at the National Palace on May ance premiums until the loss is paid in rec- 2, 2001 to ‘‘promote transparency and expand ognition that the primary insurance covers HON. FELIX J. GRUCCI, JR. the dialogue toward a solution to the crisis re- U.S. business risk. Again, this would only OF NEW YORK sulting from the 2000 election.’’ apply when reinsurance to parent companies IN THE HOUSE OF REPRESENTATIVES Although 12 opposition groups accepted the in tax havens is used. Of course, these com- invitation to the meeting, one of the opposition panies would have the option of being taxed Tuesday, May 8, 2001 groups known as Convergence continues to like a U.S. company and thereby avoid this Mr. GRUCCI. Mr. Speaker, I rise today to refuse to meet and talk with the President. provision. honor the work and dedication of literally thou- President Aristide invited Convergence rep- This is not a trade issue, as some would sands of students, parents, teachers, school resentatives to meet at the Presidential Palace like to make it. The purpose of reinsurance is districts and officials of government from New and work towards solutions in Haiti’s remain- to enable property-casualty companies to York’s First Congressional District who come ing political and election issues. Despite this spread risk among several companies. The together to promote and participate in the first personal invitation and the President’s dem- practice of reinsurance allows greater access annual Violence Prevention Week, May 1–7, onstrated intention and willingness to work to insurance for consumers, promotes sol- 2001. with all groups to establish the strongest pos- vency in the marketplace, and helps ensure BASE, or Building A Safe Environment, is a sible democracy in Haiti, Convergence con- claims are paid to customers. But this is not grassroots community awareness group tinues to refuse to participate. E756 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2001 President Aristide’s efforts in this regard are which passed the House 404–6 with 7 voting has had many notable achievements. Inspired consistent with his stated commitment to represent. Had I been present, I would have by the recovery story of a good friend, Pastor solve this electoral situation as quickly as pos- voted ‘‘yea.’’ Durham established the ‘‘21 Club,’’ a Drug sible, and to get on with the governing of Haiti. f and Alcohol Education Program in Newark, In addition, the President’s actions affirm his New Jersey. He has been recognized by the commitment made to President Bush and oth- IN RECOGNITION OF KRISTIN City of Newark on several occasions for his ers to quickly resolve any remaining election DEVAUL outstanding community service. He initiated issues in a fair and open manner that recog- the federal ‘‘Weed and Seed’’ program for nizes and protects the decisions already made HON. SHELLEY MOORE CAPITO Newark, which continues to bring millions of by Haiti’s voters. OF WEST VIRGINIA federal dollars into the city to combat illegal f IN THE HOUSE OF REPRESENTATIVES drugs and restore Newark’s communities. Tuesday, May 8, 2001 Other outstanding achievements under his in- TRIBUTE TO THE LATE JACK L. spirational leadership include: restoration of ROMANO Mrs. CAPITO. Mr. Speaker, I come before the 123-year-old sanctuary; purchasing of a you today to honor Kristin DeVaul of church van and bus; refurbishing of a three- HON. JIM DAVIS Mannington, West Virginia. Kristin has accom- family property; and establishment of a stock OF FLORIDA plished a most amazing feat, of perfect attend- investment program with Merrill Lynch. He has IN THE HOUSE OF REPRESENTATIVES ance, through the first thirteen years of her established the Inspirational Choir, Sanctuary Tuesday, May 8, 2001 education, from kindergarten all the way Choir, Community Outreach Ministry; a new through high school. Mr. DAVIS of Florida. Mr. Speaker, today I Youth Ministry, the Women’s Support Ministry, North Marion High School is lucky to have Mother Board, Prayer Band, and the First Mt. would like to pay tribute to Jack L. Romano, such an outstanding student who is com- a great leader in the Tampa Bay community, Zion Theological Institute. He has worked to mitted, to what she believes. Kristin, by at- promote economic growth among African who recently lost his valiant battle with cancer tending every day, through sickness, conflict, at age 62. Americans. Dr. Durham led a group of 75 and affliction, has show that she truly believes churches to purchase a 42-acre campground Jack was known in Tampa for his selfless in the importance of an education, and recog- and tireless efforts on behalf of countless local in Pennsylvania. In addition, Dr. Durham re- nizes at an age when not all others do, the cently authored his first book entitled The Se- charities and community organizations. Jack value of being educated. It is students like Romano lived his life to the fullest, always cret Power of Prayer, and he writes quarterly Kristin that make the fight for better edu- lessons entitled the Baptist Layman, a publica- looking for ways to give back to his home. cational standards worthwhile. Whether he was volunteering as president of tion of the National Baptist Convention. He is Marion County, West Virginia is home to a a seminar leader for the National Baptist Con- the Southwest Florida Blood Bank, or on the person with an amazing will to accomplish board of the Gulf Ridge Council of Boy gress of Christian Education. He serves as what she sets her mind to, and she will un- confidant and teacher to pastors and preach- Scouts, the Greater Tampa Chamber of Com- doubtedly succeed in life with the strong re- merce, Ye Mystic Krewe of Gasparilla or the ers all over the United States through his solve that she possesses. I would like to ex- Internet ministry. Tampa Museum of Art, Jack gave 110 per- tend my congratulations for a job well done, cent. Jack didn’t know the meaning of ‘‘half- Mr. Speaker, let us offer our congratulations and for an outstanding commitment to edu- on this special occasion and send our best way.’’ His talent and dedication touched vir- cation! tually every facet of our community and his wishes for continued success to Reverend Dr. limitless good deeds will continue to inspire f Ronald Durham as he pursues his important spiritual mission. others to follow his example. TRIBUTE TO REVEREND DR. Jack’s character was equally inspiring. His RONALD DURHAM f kindness was always evident in his broad A SPECIAL TRIBUTE TO MRS. smile and his welcoming handshake. He never HON. DONALD M. PAYNE MARY LOU KUHLMAN ON NA- came upon a stranger, and he treated every- TIONAL TEACHER’S DAY one he encountered with respect and appre- OF NEW JERSEY ciation. Jack Romano was truly a gentleman in IN THE HOUSE OF REPRESENTATIVES the finest sense of the word. In business, fam- Tuesday, May 8, 2001 HON. PAUL E. GILLMOR OF OHIO ily and community, Jack was loved and re- Mr. PAYNE. Mr. Speaker, I would like to ask IN THE HOUSE OF REPRESENTATIVES spected. my colleagues here in the U.S. House of Rep- Today, I would like to thank Jack Romano resentatives to join me in honoring a very spe- Tuesday, May 8, 2001 for dedicating his life to making Tampa and cial and dedicated person, Reverend Dr. L. Mr. GILLMOR. Mr. Speaker, I rise today to Hillsborough County a better place to live and Ronald Durham, who celebrated his 10th Pas- recognize National Teacher’s Day and to pay work, and extend heartfelt sympathies on be- toral Anniversary at First Mount Zion Baptist tribute to a very special teacher who has half of our entire community to the Romano Church in my home city of Newark, New Jer- touched many lives. Seldom do we acknowl- family for their loss. Jack’s departure is very sey. Friends gathered on Friday, May 4th, in edge the importance of the job or the depth of much our loss too. New Jersey to mark this milestone and to ex- a teacher’s commitment to our children. While f press appreciation for Reverend Dr. Durham’s many people spend their lives building ca- PERSONAL EXPLANATION dynamic leadership. reers, teachers spend their careers building Reverend Dr. Ronald Durham began his lives. For this they deserve our support, praise HON. ADAM SMITH ministry at the age of 17. After studying at and gratitude. Shaw University in Raleigh, North Carolina on One teacher in particular deserves special OF WASHINGTON full scholarship, he received his Bachelor’s recognition on National Teacher’s Day, Mrs. IN THE HOUSE OF REPRESENTATIVES Degree in Theology from Evangel Christian Mary Lou Kuhlman. After 35 years of touching Tuesday, May 8, 2001 University in Louisiana. He holds his Masters the lives of countless children she will be retir- Mr. SMITH of Washington. Mr. Speaker, of Theology Degree from United Christian ing. This is a true loss for my district and the due to the cancellation of my flight to Wash- Seminary, as well as a Doctor of Divinity and state of Ohio. The children she has taught will ington from my Congressional District on May Doctor of Christian Ministry. Dr. Durham was become our future leaders, scientists, and 1, I missed the following 2 roll call votes: also given an Honorary Doctor of Sacred The- teachers. Rollcall No. 90, on H. Con. Res. 91, ‘‘Rec- ology Degree from the American Bible Institute Mrs. Kuhlman’s long and distinguished ca- ognizing the importance of increasing aware- in Falls Church, Virginia. After sixteen years of reer began in the same district where she con- ness of the autism spectrum disorder, and faithful service to First Baptist Church of An- tinues to teach today. A graduate of the supporting programs for greater research and derson, North Carolina, Dr. Durham joined Glandorf High School in 1960, she currently improved treatment of autism,’’ which passed First Mt. Zion in April of 1991. First Mt. Zion’s teaches at Glandorf Elementary School. She the House 418–1. Had I been present, I would historical background inspired him to write his holds a degree from Mary Manse College in have voted ‘‘yea.’’ Doctoral Thesis entitled ‘‘The History of the Toledo and has completed graduate work at Rollcall No. 91 on H. Con. Res. 95, ‘‘Sup- Black Baptist Church in New Jersey.’’ During Bowling Green State University. The Martha porting a National Charter Schools Week,’’ his ten years at First Mt. Zion, Pastor Durham Holden Jennings Foundation honored Mrs. CONGRESSIONAL RECORD — Extensions of Remarks E757 Kuhlman by naming her a Scholar in 1982. cause Latinos have contributed so much to PARKWAY SCHOOL DISTRICT The Foundation seeks to give students a this country, we must fight to protect the rights Judy Adams, Donna Lohman, Carol greater opportunity to succeed and to em- of Latino citizens and all Latinos in this coun- Littlefield, Kay Cosgrove, Ruth Brooks, Pa- power teachers. Not only is Mrs. Kuhlman a try. We must continue this struggle for justice tricia Paap, Don Furjes, Jacqueline B. Fleck, remarkable teacher, but also greatly involved in our workplaces, in our schools, and in our Linda Favero, Sharon Gaal, Jan Shayne, Jeannine Lueken, Jo Linda Cohen, Lois in countless religious and community service communities because, in the words of Benito Copeland, Mary Bumpus, Kathy Preston, organizations. Juarez, ‘‘sooner or later the cause of rights Linda Duke, Beth Tucker, Raynard Brown, Year after year professionals dedicate their and justice will triumph.’’ Elsis Rafferty, Vicky Stricklin, Teresa lives to the future of America. There is no Just as those brave Mexican soldiers over- Schulz, Elmer Kellman, Laurie Morton, Mi- more important or challenging job than that of came overwhelming odds to defeat the French chael Dulick, Robert Walton, and Mike our nation’s teachers. The job of a teacher is army in 1862, I believe that our Latino popu- Pratte. to open a child’s mind to the magic of ideas, lation will use their strength, unity, and faith to ROCKWOOD SCHOOL DISTRICT knowledge, and dreams. Also, teachers are overcome any obstacle. We must all work to- Alison Leibach, Coleen Hulcer, Karen true guardians of the American democracy by gether to stop English-only, anti-immigrant, Huber, Kerri Schiavone, Dottie instilling a sense of citizenship in the children and anti-affirmative action laws. In recognition Fundakowski, Sandy Schmucker, Diane they teach. Teachers not only educate but of this Cinco de Mayo, let us all remember Werges, Rebel Falcone, Jan McVicar, Larie also act as listeners, facilitators, role models, and be inspired by Cesar Chavez who said, Kembitzky, Sandy Kast, Stefanie Steffan, Mary Biere, Elizabeth Bickel, Diane Alonzo, and mentors, encouraging our children to ‘‘Once social change begins, it cannot be re- Sherri Owens, Sally Allen Susan Duke, Helen reach further than they would have thought versed. You cannot uneducate the person who Youngwith, Kevin McColgan, Cindy Hefling, possible. Teachers continue to influence us has learned to read. You cannot humiliate the Nancy McGennis, Katie Nease, Susan long after our school days are only memories. person who feels pride. You cannot oppress Christie, Carolyn Baremore, Terri Myers, Mr. Speaker, I believe that Mrs. Kulman’s the people who are not afraid anymore.’’ Michele Rodgers, Jim Cary, and Christine own words ring true on this very special day, f Heerlein. ‘‘Teaching has always been rewarding, satis- HAZELWOOD SCHOOL DISTRICT fying, and enjoyable. Children are our most MISSOURI TEACHERS OF THE Angela Selinger, Pam Ogborn, Steve important asset. I feel so fulfilled when I can YEAR Boemer, Diane Manley, Carolyn Jordan, make a difference in a child’s life and improve April Ernst, Linda Goedeker, Lisa McPher- their situation.’’ HON. W. TODD AKIN son, Jill Metzger, Mary Fridley, Christy OF MISSOURI Zwenger, Cathy Grindler, Amy Dittmar, f Amy Cavato, Kristi Alvord, Brenda Rone, IN THE HOUSE OF REPRESENTATIVES CINCO DE MAYO Susan Baker, Susan Schneider, Liz Tabaka, Tuesday, May 8, 2001 Sandi Grogan, Kyra Haigh, Nicole Pena, Les- Mr. AKIN. Mr. Speaker, I rise today in rec- lie Vaughan, Veronica Clare Lorsbach, Shar- HON. DAVID E. BONIOR on Proffitt, Cathy Fuhr, Carrie Ziolkowski, ognition of the ‘‘Teachers of the Year’’ se- and Kathy Costello. OF MICHIGAN lected in the Second Congressional District of PATTONVILLE SCHOOL DISTRICT IN THE HOUSE OF REPRESENTATIVES Missouri for their outstanding efforts to edu- Tuesday, May 8, 2001 Janice Majka, Kerry Brown, and Dee cate our children. Uebel. Mr. BONIOR. Mr. Speaker, this past week- A quality education is critical to a child’s fu- end Mexican-Americans joined our neighbor to ture. Without good education, a child has no f the South in celebrating a day dedicated to future. Together with parenting and faith, edu- RECOGNIZING MR. STEVEN the recognition of a successful fight for free- cation literally defines a child’s future. Among ENGELHAUPT dom. In Detroit, the Latino community gath- all school-based factors, teacher quality is the ered together to celebrate Cinco de Mayo and most important; that some teachers are much HON. PATRICK J. TIBERI I want to recognize the Bagley Housing Asso- more effective than others with similar students; and that teacher quality may specially OF OHIO ciation, the Mexican Patriotic Committee of IN THE HOUSE OF REPRESENTATIVES Detroit, the El Central newspaper, and the affect the achievement of disadvantaged stu- Mexican Town Community Development Cor- dents. Tuesday, May 8, 2001 poration for making that celebration possible. The teachers I rise to commend here today Mr. TIBERI. Mr. Speaker, I would like to Cinco de Mayo is a story of unity, of strength, are individuals who have made and are mak- congratulate and honor a young Ohio student of faith, and of a country’s ability to overcome ing a difference in the lives of children and in from my district who has achieved national insurmountable odds. their communities. Quality teachers provide recognition for exemplary volunteer service in On May 5, 1862, in the town of Puebla, experience, patience, diligence and under- his community. Steven Engelhaupt of Dublin, Mexican General Ignacio Zaragoza led a hast- standing to the classroom. has been named as one of my state’s top ily gathered group of forces to the defeat of In conjunction with National Teacher Appre- honorees in The 2001 Prudential Spirit of the French army, which had not faced defeat ciation Day, I would like to commend the fol- Community Awards program, an annual honor in over fifty years. The French outnumbered lowing teachers who have been recognized by conferred on the most impressive student vol- the Mexican forces by at least two to one and their colleagues for their contributions to edu- unteers in each state, the District of Columbia had some of the most superior military training cation. and Puerto Rico. the world had ever seen. Despite all this, the FRANCIS HOWELL SCHOOL DISTRICT Mr. Engelhaupt is being recognized for pro- might and spirit of the Mexican people pre- Michele Cash, Becky Henkey, Donna viding, over the past three years, new toys to vailed. After this embarrassing defeat, the McCarrison, Bev Lamunion, Kim Nelson, thousands of children in central Ohio through French army retreated and took another full Molly Hamer, Luanne Heggs, Dave Spies, the Firefighters for Kids toy drive in Columbus. year to prepare before they finally took Mexico Vicki Readenour, Michelle Dawson, Dusty He began the project by collecting used toys Wall, Sandi Lauer, Brenda Kaiser, Sharon City. However, Mexican resistance to the O’Donnell, Ray Zahra, Mary Duchek, and and repairing and cleaning them for resale. French occupation and increasing pressure Sue Frain. The cash Mr. Engelhaupt received was then from the United States forced the French to CHAMINADE MIDDLE SCHOOL used to purchase new toys which were given withdraw after only three years. Stephen M. Fink. to needy children. To date, his efforts have The battle that took place on Cinco de Mayo generated over $24,000 in cash and additional JOHN F. KENNEDY HIGH SCHOOL was primarily a battle for freedom. However, I in-kind contributions. Chuck Chiodini. believe that this important day has come to In light of numerous statistics that indicate symbolize not only the fight for freedom, but NERINX HALL Americans today are less involved in their the fight for justice as well. Jeffrey Scott Maynard. communities than they once were, it’s vital The growing Latino population in Michigan URSULINE ACADEMY that we encourage and support the kind of and in the United States enriches our culture Joann Quinn. selfless contribution this young citizen has in many ways. One can see the Latino influ- LADUE SCHOOL DISTRICT made. Mr. Engelhaupt should be extremely ence in our music, our food, our language, Sandra Baldwin. proud to have been singled out from such a and our art. Their commitment both to their VALLEY PARK HIGH SCHOOL large group of dedicated volunteers. I applaud faith and their family is a proud heritage. Be- Bill Hepper. Mr. Engelhaupt for his initiative in seeking to E758 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2001 make his community a better place to live, and healthy retirement. I join the citizens of Avalon Dr. Gilruth was the director of NASA’s for the positive impact he has had on the lives in wishing Chief Goslin well. He has served Manned Spacecraft Center in Houston from of others. His actions show that young Ameri- the community with honor and distinction and 1961 to 1972. During his tenure, he directed cans can—and do—play important roles in our a tenure that will likely be unsurpassed. 25 manned space flights, including Alan communities, and that America’s community f Shepard’s first Mercury flight, the first lunar spirit continues to hold tremendous promise landing by Apollo 11 in July 1969, the dra- for the future. 250TH ANNIVERSARY OF matic rescue of Apollo 13 in 1970, through the PENNSYLVANIA HOSPITAL f Apollo 15 mission in July 1971. Mr. Bonestell’s work has been a stimulus to generations of THANKS TO OUR TEACHERS HON. ROBERT A. BORSKI astronomers, physicists, engineers and others OF PENNSYLVANIA who were inspired by his artistry to pursue HON. JERRY MORAN IN THE HOUSE OF REPRESENTATIVES work in the space program and aeronautics in- OF KANSAS Tuesday, May 8, 2001 dustry. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the last 40 years have seen Mr. BORSKI. Mr. Speaker, I rise today to remarkable changes in space exploration. Tuesday, May 8, 2001 acknowledge the 250th anniversary of Penn- NASA continues its dominance in space ex- Mr. MORAN of Kansas. Mr. Speaker, I rise sylvania Hospital. ploration, pushing the boundaries of human to recognize our nation’s exceptional teachers. Founded in Philadelphia in 1751 by Ben- knowledge, challenging our most basic under- Today, as part of National Teacher Day and jamin Franklin and Thomas Bond, Pennsyl- standing of the universe, most recently with Teacher Appreciation Week, The National vania Hospital was responsible for more than the construction of the International Space Teachers Hall of Fame will announce their 40 ‘‘firsts’’ in American Medicine. These in- Station. The Adler Planetarium & Astronomy 2001 inductees. Congratulations to this year’s clude the first medical library, the first facility Museum continues to educate the American inductees: Ronald Foreso, Dr. Emiel to treat mental illness, and the first hospital to public about space exploration and NASA’s Hamberlin, Mitsuye Conover, James Quinlan, offer free medical services to the indigent. accomplishments through their innovative pro- and Ellen Kempler, for their hard work and Pennsylvania Hospital continues to be a grams and exhibits. dedication to our nation’s students. leader in health care. The talented physicians f The mission of The National Teachers Hall and staff at Pennsylvania Hospital are on the of Fame, located in Emporia, Kansas, is to cutting edge of innovation in the areas of or- FULL EQUITY FOR AMERICANS recognize and honor exceptional teachers and thopedics, otorhinolaryngology, and urology, ABROAD ACT, H.R. 1745 the teaching profession. As part of this mis- as well as other specialties. sion, The National Teachers Hall of Fame Pennsylvania Hospital is particularly known HON. BENJAMIN A. GILMAN sponsors an annual teacher recognition pro- for its obstetrics program, especially high-risk OF NEW YORK gram open to all K–12 teachers throughout the maternal and fetal services, neonatology, neu- IN THE HOUSE OF REPRESENTATIVES country. For the past 10 years, The National roscience and behavior health. Tuesday, May 8, 2001 Teachers Hall of Fame has provided a fitting I am very proud to have such a successful Mr. GILMAN. Mr. Speaker, today I am intro- tribute to our nation’s most important profes- and well-respected institution within my Con- ducing the Full Equity for Americans Abroad sion. On June 23, the Hall of Fame will induct gressional District. I congratulate Pennsylvania Act, which I request to be inserted and printed Hospital on its 250th Anniversary and extend its 10th class and welcome many of the 45 in the RECORD at the end of my statement. NTHF members back to Emporia to celebrate my best wishes for the future of this fine hos- This bill provides that all American citizens a 10-year reunion. pital. living abroad will, for purposes of the appor- I would also like to recognize all educators f tionment or representatives in Congress, for their contributions to our communities—and THE ADLER PLANETARIUM MARKS among the several States, be included in fu- to thank those special teachers who have ture decennial censuses of population. made a difference in my life. Thank you Mrs. THE 40TH ANNIVERSARY OF ALAN SHEPARD’S HISTORIC As chairman of the International Relations Bailey, Mrs. Pruter, and Mr. McCauley and all Committee and as a long time member of the the others who educated me with facts and FLIGHT WITH A NEW EXHIBIT MAY 8, 2001 former Post Office and Civil Service Com- figures and instilled in me a love of learning. mittee I have had numerous opportunities to Few other professionals touch so many peo- work with Americans living and working over- ple in such a lasting way. Teachers fill many HON. DANNY K. DAVIS seas and can attest to the increasingly impor- roles, as listeners, explorers, role models, OF ILLINOIS tant role this segment of the U.S. population motivators, and mentors. Educators make a IN THE HOUSE OF REPRESENTATIVES plays in our Nation’s economy and in our rela- difference in each of our lives. Today, and ev- Tuesday, May 8, 2001 tions with countries and their citizens through- eryday, I would like to say thank you. out the world. f Mr. DAVIS of Illinois. Mr. Speaker, I rise In this era of growing globalization, we are today to urge all Americans join with me in all aware of the importance placed upon our HONORING AVALON FIRE CHIEF congratulating and commending the Adler Nation’s exports of goods and services over- JACK T. GOSLIN ON HIS RETIRE- Planetarium & Astronomy Museum as they seas in an effort to provide a strong and MENT mark the 40th anniversary of Alan Shepard’s versatile economy. historic space flight in the Freedom 7 Mercury Not only are we reliant on Americans HON. JANE HARMAN capsule on May 5, 1961. This flight and that abroad to carry-out exports for the creation of OF CALIFORNIA of Yuri Gagarin, the Soviet cosmonaut whose U.S.-based jobs, but we rely on these U.S. IN THE HOUSE OF REPRESENTATIVES flight preceded Shepard’s by three weeks, set citizens to best promote and advance U.S. in- in motion the race with the Soviet Union for Tuesday, May 8, 2001 terests around the world. dominance in space exploration. These suc- Nevertheless, the U.S. Census Bureau does Ms. HARMAN. Mr. Speaker, I would like to cesses set a course that would eventually re- not count private sector Americans residing pay tribute today to Jack T. Goslin, who will sult in the landing of a man on the moon in abroad, despite the fact that the U.S. Govern- be retiring as the City of Avalon Fire Chief on 1969. ment employees working overseas are cur- May 31st. Chief Goslin began his career 43 As part of its new Space Millennium Project, rently included in the U.S. census. This is an years ago as a firefighter in the United States the Adler Planetarium & Astronomy Museum inconsistent, inappropriate policy. Air Force and has served the City of Avalon will honor and commemorate the outstanding It is imperative that the U.S. Census Bureau for over 391⁄2 years. Significantly, Chief Goslin achievements of the American space program count all Americans, including private citizens is the longest serving fire chief in Los Angeles by opening the Dawn of the Space Age exhibit living and working abroad. Not only will such County history. on May 10, 2001. The intriguing saga of the a policy provide an accurate census, but it will His length of service to Avalon and his love early years of American space exploration is allow Congress and private sector leaders to for the seaside town is unmatched. He will be retraced using original NASA prototype rocket realize how best to support U.S. companies missed but not forgotten by all of those friends models from the Dr. Robert R. Gilruth collec- and our citizenry abroad. and colleagues who will gather on May 15th to tion and historic oil paintings by artist Chesley U.S. citizens abroad vote and pay taxes in wish him the very best for a long, active and Bonestell. the United States, yet are discriminated CONGRESSIONAL RECORD — Extensions of Remarks E759 against by the U.S. Government solely be- ‘‘Ryan just radiated goodness. He was a those people, and I would like to pay tribute to cause they are private citizens. member of the Latter Day Saints church. His her today. I invite my Colleagues to help change this dedication to family and community was very, Anne Rindfleisch is here in D.C. with us be- policy by including private sector Americans very heartfelt,’’ Morrison said. ‘‘He was a fine cause she is the 38th winner of Goodwill’s residing overseas in the census. human being.’’ Mr. Speaker and fellow col- Graduate of the Year competition. Ms. Accordingly, I urge my colleagues to support leagues, as you can see, this extraordinary Rindfleisch has a congenial disability called this bill, H.R. 1745. human being truly deserves our timeless grati- Full Amelia, meaning she has no arms or legs. H.R. 1745 tude for his service and supreme sacrifice Despite the challenges posed by her physical condition, Anne has managed to earn a bach- Be it enacted by the Senate and House of Rep- while in the line of duty. Ryan Cunningham resentatives of the United States of America in may be gone but his legacy will long endure elor’s degree in social work from the Univer- Congress assembled, in the minds of those who were fortunate sity of Wisconsin-Milwaukee and serve as an SECTION 1. SHORT TITLE. enough to know him. Colorado is assuredly a exemplary employee at Burlington Coat Fac- This Act may be cited as the ‘‘Full Equal- better place because of Ryan Cunningham. tory for almost five years. ity for Americans Abroad Act’’. f Despite her current success, Anne faced SEC. 2. INCLUSION OF AMERICAN CITIZENS LIV- many obstacles along the way to entering the ING ABROAD IN FUTURE DECENNIAL HONORING LINDA COFFEY, workforce. In fact, for six years after getting CENSUSES. OUTSTANDING TEACHER AWARD her degree, she volunteered for a number of The Secretary of Commerce shall ensure organizations, but was unable to find employ- that, in each decennial census of population HON. SCOTT McINNIS ment. taken after the date of the enactment of this In 1995, Ms. Rindfleisch went to Goodwill Act under title 13, United States Code, all OF COLORADO Industries of Southeastern Wisconsin and Met- American citizens living abroad shall be in- IN THE HOUSE OF REPRESENTATIVES cluded for purposes of the tabulations re- ropolitan Chicago to upgrade her computer quired for the apportionment of Representa- Tuesday, May 08, 2001 skills. During her eight months of training, Ms. tives in Congress among the several States, Mr. McINNIS. Mr. Speaker, It is with great Rindfleisch learned to type 42 words per and for other purposes. honor that I ask this body to recognize and minute using a month stick and mastered sev- SEC. 3. REPORT ON RELATED ISSUES. congratulate the first recipient of the ‘‘Out- eral accounting software programs. During (a) IN GENERAL.—There is hereby enacted standing Teacher Award’’ presented by the training, she moved out of her parents’ home into law the provision described in sub- Dove Creek Soil Conservation District. Dolores and into her own apartment. In 1996, she was section (b) (relating to the report to be sub- hired by Burlington Coat Factory as a data mitted by the Secretary of Commerce to the County High School teacher Linda Coffey, re- Congress by no later than September 30, ceived the award for her outstanding work with entry clerk, and has commuted to and from 2001). students over the years. The award was cre- work in her motorized wheelchair using shoul- (b) DESCRIPTION.—The provision described ated to emphasize the importance of teachers der controls. in this subsection in the paragraph begin- in the lives of our children. Unfortunately, Anne has had to pass up nu- ning on page 256 and ending on page 257 of After graduating high school, Linda attended merous raises and promotions because of cur- the explanatory language on H.R. 5548 (as in- the University of Northern Colorado where she rent salary restrictions under the Social Secu- troduced on October 25, 2000), as included in received her teaching certificate. Overall, she rity Disability Insurance (SSDI) laws. If she the joint explanatory statement of the com- has taught for 19 years, covering a variety of were to earn over $700 per month, or work mittee of conference accompanying the con- more than 20 hours per week, she would lose ference report on H.R. 4942 (House Report subjects like, Computer Applications, Key- Numbered 106–1005, 106th Congress, 2d Ses- boarding I & II, Accounting, Senior Seminar her SSDI benefits. We must work in Congress sion, October 26, 2000, 256–257), but deeming and Office Job Applications. ‘‘I have had the to eliminate this Catch-22, so that hard-work- such paragraph not include ‘‘and their de- pleasure of working with Linda Coffey for five ing, deserving people like Anne Rindfleisch pendents’’. years now. In that time I have come to know can work to support themselves and their loved ones. f her as a very caring and compassionate teacher,’’ said Stephen Baroch, principal of Anne Rindfleisch has not only overcome tre- HONORING THE LATE OFFICER Dolores County High School. mendous challenges in her life, but is a brave RYAN CUNNINGHAM Linda is also the FBLA Sponsor and the person who stands by the courage of her con- Senior Class sponsor. ‘‘A lot of respect and victions. She a truly extraordinary human HON. SCOTT McINNIS admiration is evident in all of her classes. being, and it is my hope that others will be in- OF COLORADO Linda is very popular with students and willing spired by her dogged determination to succeed and the strength of her spirit. IN THE HOUSE OF REPRESENTATIVES to go that extra mile to help a student succeed,’’ said Principal Baroch. ‘‘Being pas- f Tuesday, May 8, 2001 sionate about learning and high expectations WORLD COMMUNITY NOT DOING Mr. McINNIS. Mr. Speaker, it is with great encompasses everything that Linda believes ENOUGH ABOUT GLOBAL ILLICIT sadness that I now honor an extraordinary in. I appreciate everything that she is willing to DRUG CHALLENGE human being and great American. Officer do for our school and community.’’ Ryan Cunningham of the Vail Police Depart- Mr. Speaker, Linda has succeeded in mak- HON. BENJAMIN A. GILMAN ment was killed in the line of duty on Sunday, ing sure that students learn and feel com- OF NEW YORK May 5, 2001 while trying to avoid an out of fortable in her class. She is very deserving of IN THE HOUSE OF REPRESENTATIVES control semi truck. ‘‘Officer Cunningham was this award and it is fitting that she be recog- one of the finest officers I have known in my nized as the first ever recipient of this ‘‘Out- Tuesday, May 8, 2001 24 years of policing,’’ said Vail Police Chief standing Teacher Award’’. I would like to con- Mr. GILMAN. Mr. Speaker, the worldwide Greg Morrison. gratulate her and wish her the best of luck in profits from the illicit drug trade by some esti- In the early morning hours of Sunday, Ryan her future endeavors. mates, including the United Nations Drug Con- and another officer responded to an accident f trol Program (UNDCP), exceed $400 billion on I-70 when a truck driver lost control of his dollars annually. In our nation alone, the an- semi on an icy stretch of road and began TO HONOR ANNE M. RINDFLEISCH nual societal costs from illicit drugs exceed heading in Ryan’s direction. Ryan’s immediate $100 billion dollars, and continue to wreck reaction was for those around him. After he HON. THOMAS M. BARRETT havoc and destruction on our families and was sure of the safety of his fellow officers, OF WISCONSIN communities. Ryan ran to the left shoulder and tried to pro- IN THE HOUSE OF REPRESENTATIVES The UNDCP is often the only entity from the tect himself by jumping over a concrete retain- world community in certain nations and re- Tuesday, May 8, 2001 ing wall. He fell 60 feet to his death. The truck gions around the globe, like Afghanistan, was able to make a controlled stop 100 feet Mr. BARRETT of Wisconsin. Mr. Speaker, where we can help address the threat from il- away from where Ryan jumped. there are few things I enjoy more in this job licit drugs. We all face the serious threat from Ryan was born in Salt Lake City and moved than getting the opportunity to shine the spot- the trade and production of these deadly sub- to Colorado in 1992 where he graduated from light on truly deserving people who serve as a stances. Arapahoe Community College in 1998. He source of inspiration to the rest of us. Anne M. Last year, the entire UNDCP’s budget did joined the Vail Police Department in 2000. Rindfleisch of Milwaukee, Wisconsin, is one of not exceed $80 million dollars, in a struggle E760 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2001 against a multi-billion dollar worldwide illicit 30 of the world’s nations even contribute to I compliment our nation, and other leading drug industry. In some places like Colombia, UNDCP, and less than 20 of those nations, major donor nations to the UNDCP like Italy, the trade in illicit drugs earns as much as $2 are major donors. The U.S. last year took the Sweden, the UK, Japan, among others. I urge million dollars a day for the narco-guerillas. In lead with just a small, modest $20 million con- that the U.S. continue this year with at least a just 40 days, this illicit income alone, would tribution to UNDCP. $20 million dollar contribution to UNDCP, so exceed the entire UNDCP annual budget for Hopefully this appalling neglect of the that we will remain in the position to continue last year. UNDCP, and the indifference to the fight to argue we are doing our share and other na- I ask that the UNDCP donor nation lists and against the illicit worldwide drug trade be re- tions should join us in doing even more for the amounts that the very few nations contributed versed, as it should. The nations of the world benefit of our young people, and future gen- for the last several years be included herein- must face up to their obligations in our fight erations in this critical fight against illicit drugs. after. The pledge list, will show that less than against illicit drugs. Attachment, UNDCP Donor list 1997Ð2001. FUND OF UNDCP—PLEDGES DURING THE PERIOD 1998–2001—STATUS AS OF 26 MARCH 2001 [United States dollars]

1997 1998 1999 2000 2001

United States ...... 9,720,400 4,033,600 25,305,000 20,000,000 ...... Italy ...... 6,881,720 8,499,089 9,191,176 11,844,481 11,834,488 Sweden ...... 4,716,382 5,233,471 4,274,510 4,647,799 4,010,417 United Kingdom ...... 6,802,199 11,575,353 4,250,270 4,353,793 3,231,969 European Commission ...... 1,001,660 4,886,528 3,205,128 4,266,331 ...... Netherlands ...... 1,139,278 1,092,574 974,610 3,936,543 250,000 Japan ...... 5,000,000 3,817,000 3,854,000 3,379,000 ...... Norway ...... 629,749 1,058,170 2,032,680 1,556,092 ...... France ...... 1,352,810 1,404,796 1,323,143 1,294,856 ...... Denmark ...... 1,661,732 1,677,114 1,220,765 1,112,440 ...... Germany ...... 3,205,324 3,368,763 885,724 1,075,826 ...... Canada ...... 500,000 685,205 1,020,408 1,020,000 ...... Austria ...... 430,285 558,873 620,611 829,628 ...... Luxembourg ...... 55,987 1,777,180 733,225 773,593 ...... Switzerland ...... 617,505 736,584 725,584 601,046 ...... Spain ...... 444,063 570,104 505,045 559,200 ...... Australia ...... 547,107 481,701 1,130,649 454,737 ...... Finland ...... 345,000 125,000 367,589 337,500 ...... Belgium ...... 329,660 313,040 256,544 428,099 ...... Total major donors ...... 45,380,861 51,894,145 61,876,661 62,470,964 19,326,874 Ireland ...... 215,175 297,000 269,260 229,720 ...... Turkey ...... 150,000 200,000 250,000 250,000 ...... Mexico ...... 50,000 300,000 100,000 100,000 ...... Colombia ...... 300,000 93,000 ...... Republic of Korea ...... 154,000 100,000 75,000 104,000 ...... Other member states ...... 440,137 404,760 372,136 400,000 139,500 Total voluntary ...... 46,390,173 53,495,905 63,036,057 63,554,684 19,466,424 Cost-sharing: Brazil ...... 4,220,128 4,598,978 11,805,213 2,037,749 Dominican Republic ...... 200,000 Peru ...... 622,000 44,297 103,837 Bolivia ...... 500,000 ...... 138,750 1,219,389 ...... Colombia ...... 1,192,041 539,025 ...... 574,150 ...... OAS ...... 130,000 ...... UNAIDS ...... 242,000 ...... 179,250 553,675 Total cost-sharing ...... 1,692,041 5,001,153 5,359,728 13,952,659 2,895,261 Public donations ...... 620,305 1,258,285 654,939 437,114 260,000 Total ...... 48,702,519 49,755,343 69,050,724 77,944,457 22,621,685 Ranked by pledges made in 2000. Earmarked multi-year contributions are shown according to the year in which they are pledged irrespective of the year(s) for which they are meant. Unearmarked contributions are shown according to the year for which they are pledged. Switzerland: In addition to cash contributions, the Government has also made in-kind contributions to UNDCP.

HONORING THE LATE JACK ‘‘The passing of Jack Elway is a tragedy for Through out his football career, Jack has ELWAY his family and for the entire Denver Broncos coached several college and high school family as well. He was a first-class individual teams, including Cal State Northridge, San in every way,’’ said Mike Shannahan, head Jose State, and Stanford. HON. SCOTT McINNIS coach of the Broncos. In addition to being a Jack is a native of Hoquiam, Washington, OF COLORADO great husband, father, and grandfather, he and played quarterback for Washington State, IN THE HOUSE OF REPRESENTATIVES was a tremendous friend to everyone here at where he earned his bachelor’s and master’s Tuesday, May 8, 2001 the Broncos, and played a vital role in per- degrees. ‘‘Whether it was about football, sonnel evaluation for back-to-back World whether it was about life or friendships, he Mr. McINNIS. Mr. Speaker, it is a sad time Championship teams. ‘‘Jack was happy to was a coach all the time. He had a wealth of in Colorado, Jack Elway, the father, mentor stay in the background and let others get knowledge and experience and with the peo- and friend of Denver Bronco great John more public attention, but his position with us ple he cared about. He shared that all the Elway. Jack passed away from a heart attack was truly invaluable. Our teams have had time. You cannot replace people like that. It over Easter weekend at the age of 70. Not great success with free agent players, and cannot be done,’’ said Ted Sundquist, Den- only is this a great loss for the Elway’s, it’s a Jack Elway was in charge of that area. Even ver’s director of college scouting. loss for the Denver Bronco organization and in his retirement, we leaned on him a couple ‘‘There is nobody that didn’t like Jack the state of Colorado. of months a year regarding talent.’’ Elway,’’ said Bronco owner Pat Bowlen. ‘‘Here Jack was not only a football coach, pro Jack worked with the Broncos organization it is Easter, and Jack dies on the biggest cele- scout, and a father but he was the best friend from 1993 until 2000 when he retired. During bration day of the year. He’s arriving up there and longtime mentor of his son, John. ‘‘I’m just his time with the broncos, he served as a pro with a party and Jerry waiting for him.’’ so shocked. What a classy, loving person. He scout and then as Director of Pro Scouting, a Mr. Speaker, the memory of Jack Elway will was as fine a coach as there was, and more position which he held four previous times with always be with his wife Jan, his three children, important, a fine a man as there was,’’ said different teams. Before coming to the Broncos, Lee Ann, John, and Jana, his friends and the Colorado State football coach Sunny Lubick. Jack was the head coach of the Frankfurt Gal- state of Colorado. axy in the World League for two seasons. Tuesday May 8, 2001 Daily Digest Senate Pending: Chamber Action Jeffords Amendment No. 358, in the nature of a Routine Proceedings, pages S4449–S4523 substitute. Pages S4461–98 Measures Introduced: Seven bills and two resolu- Kennedy (for Murray) Amendment No. 378 (to tions were introduced, as follows: S. 840–846, and Amendment No. 358), to provide for class size re- S. Res. 83–84. Page S4508 duction programs. Pages S4461, S4463–71, S4474–75, S4476–84, Measures Passed: S4485–87, S4496–97 Senate Legal Representation: Senate agreed to S. Kennedy (for Mikulski/Kennedy) Amendment No. Res. 84, to authorize representation by the Senate 379 (to Amendment No. 358), to provide for the es- Legal Counsel in Timothy A. Holt v. Phil Gramm. tablishment of community technology centers. Page S4522 Pages S4461, S4494–96 Elementary and Secondary Education Act Au- Kennedy (for Dodd) Amendment No. 382 (to thorization: Senate continued consideration of S. 1, Amendment No. 358), to remove the 21st century to extend programs and activities under the Elemen- community learning center program from the list of tary and Secondary Education Act of 1965, taking programs covered by performance agreements. Page S4461 action on the following amendments proposed there- McConnell Amendment No. 384 (to Amendment to: Pages S4461–98 No. 358), to provide for teacher liability protection. Adopted: Pages S4471–73 By 69 yeas to 31 nays (Vote No. 94), Kennedy Cleland Amendment No. 376 (to Amendment Modified Amendment No. 375 (to Amendment No. No. 358), to provide for school safety enhancement, 358), to express the sense of the Senate regarding, including the establishment of the National Center and to authorize appropriations for title II, part A, for School and Youth Safety. Page S4475 of the Elementary and Secondary Education Act of Biden Amendment No. 386 (to Amendment No. 1965, with respect to the development of high- 358), to establish school-based partnerships between qualified teachers. Pages S4461, S4462 local law enforcement agencies and local school sys- Allen/Warner Amendment No. 380 (to Amend- tems, by providing school resource officers who oper- ment No. 358), to provide a Sense of the Senate reate in and around elementary and secondary schools. garding education opportunity tax relief to enable Pages S4484–85 the purchase of technology and tutorial services for Specter Modified Amendment No. 388 (to K–12 education purposes. Pages S4461, S4462 Amendment No. 378), to provide for class size re- By 95 yeas to 3 nays (Vote No. 95), Warner duction. Pages S4489–90, S4497–98 Modified Amendment No. 383 (to Amendment No. Voinovich Amendment No. 389 (to Amendment 358), to provide a Sense of the Senate regarding tax No. 358), to modify provisions relating to State ap- relief for elementary and secondary level educators. plications and plans and school improvement to pro- Pages S4471, S4487–89 vide for the input of the Governor of the State in- Feinstein Amendment No. 392 (to Amendment volved. Pages S4490–92 No. 358), to provide for programs and activities re- Carnahan Amendment No. 374 (to Amendment lated to Master Teachers. Pages S4493–94 No. 358), to improve the quality of education in our Rejected: Nation’s classrooms. Pages S4492–93 By 27 yeas to 73 nays (Vote No. 93), Craig A unanimous-consent agreement was reached pro- Amendment No. 372 (to Amendment No. 358), to viding for further consideration of the bill at 9:30 tie funding under the Elementary and Secondary a.m. on Wednesday, May 9, 2001, with a vote to Education Act of 1965 to improved student per- occur on Kennedy (for Mikulski/Kennedy) Amend- formance. Pages S4461–62 ment No. 379 (to Amendment No. 358), listed D407 D408 CONGRESSIONAL RECORD — DAILY DIGEST May 8, 2001 above. Further, that all first degree amendments in Adjournment: Senate met at 9:30 a.m., and ad- order to the bill be filed at the desk by 5 p.m. journed at 7:03 p.m., until 9:30 a.m., on Wednes- Page S4489 day, May 9, 2001. (For Senate’s program, see the re- Appointments: marks of the Acting Majority Leader in today’s Record on page S4522.) U.S. Naval Academy: The Chair, on behalf of the Vice President, pursuant to 10 U.S.C. 6968(a), appointed Senator Cochran, from the Committee on Committee Meetings Appropriations, to the Board of Visitors of the U.S. (Committees not listed did not meet) Naval Academy. Page S4522 U.S. Air Force Academy: The Chair, on behalf of COUNTERTERRORISM the Vice President, pursuant to 10 U.S.C. 9355(a), appointed Senator Craig, from the Committee on Committee on Appropriations: Subcommittee on Com- merce, Justice, State, and the Judiciary concluded Appropriations, to the Board of Visitors of the U.S. hearings to examine the roles and capabilities of var- Air Force Academy. Page S4522 ious United States federal government departments’ U.S. Military Academy: The Chair, on behalf of counterterrorism efforts, after receiving testimony the Vice President, pursuant to 10 U.S.C. 4355(a), from Paul H. O’Neill, Secretary of the Treasury; appointed Senator DeWine, from the Committee on Paul D. Wolfowitz, Deputy Secretary of Defense; Appropriations, to the Board of Visitors of the U.S. Colin L. Powell, Secretary of State; Norman Y. Mi- Military Academy. Page S4522 neta, Secretary of Transportation; Joe M. Allbaugh, Nominations Confirmed: Senate confirmed the fol- Director, Federal Emergency Management Agency; lowing nominations: John A. Gordon, Under Secretary and Administrator, By 57 yeas 43 nays (Vote No. EX. 92), John Rob- National Nuclear Security Administration, Depart- ert Bolton, of Maryland, to be Under Secretary of ment of Energy; and Richard A. Meserve, Chairman, State for Arms Control and International Security. Nuclear Regulatory Commission. Richard Nathan Haass, of Maryland, for the rank APPROPRIATIONS—AGENCY FOR of Ambassador during his tenure of Service as Direc- INTERNATIONAL DEVELOPMENT tor, Policy Planning Staff, Department of State. Edward C. Aldridge, of Virginia, to be Under Sec- Committee on Appropriations: Subcommittee on Foreign retary of Defense for Acquisition and Technology. Operations concluded hearings on proposed budget Pages S4449–61, S4523 estimates for fiscal year 2002 for the Agency for International Development, after receiving testimony Nominations Received: Senate received the fol- from Andrew Natsios, Administrator, Agency for lowing nominations: International Development. Mary Sheila Gall, of Virginia, to be Chairman of the Consumer Product Safety Commission. APPROPRIATIONS—ENERGY William Henry Lash, III, of Virginia, to be an As- Committee on Appropriations: Subcommittee on Interior sistant Secretary of Commerce. concluded hearings on proposed budget estimates for 2 Army nominations in the rank of general. fiscal year 2002 for the Department of Energy, after 2 Marine Corps nominations in the rank of gen- receiving testimony from Spencer Abraham, Sec- eral. retary of Energy. A routine list in the Army. Page S4523 FEDERAL HOUSING ENTERPRISE Executive Communications: Pages S4507–08 OVERSIGHT Statements on Introduced Bills: Pages S4509–16 Committee on Banking, Housing, and Urban Affairs: Additional Cosponsors: Pages S4508–09 Subcommittee on Housing and Transportation con- Amendments Submitted: Pages S4516–21 cluded oversight hearings to examine the mission of the Office of Federal Housing Enterprise Oversight, Additional Statements: Pages S4505–07 and the financial safety and soundness of Fannie Mae Notices of Hearings: Page S4521 and Freddie Mac, after receiving testimony from Authority for Committees: Pages S4521–22 Armando Falcon, Jr., Director, Office of Federal Housing Enterprise Oversight, Department of Hous- Privileges of the Floor: Page S4522 ing and Urban Development and Franklin D. Record Votes: Four record votes were taken today. Raines, Fannie Mae and Leland C. Brendsel, Freddie (Total—95) Pages S4460, S4462, S4489 Mac, both of Washington, D.C. May 8, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D409

ELECTION REFORM erty, and Nuclear Safety concluded oversight hear- Committee on Commerce, Science, and Transportation: ings on the funding and activities of the Nuclear Committee concluded hearings to examine election Regulatory Commission to ensure the protection of reform issues, focusing on solutions to the problems public health and safety, the common defense and of our existing national voting system and restoring security, and the environment in the application of the public’s confidence in our election system, after nuclear technology for civilian use, after receiving receiving testimony from Representative Jackson-Lee; testimony from Richard A. Meserve, Chairman, Nu- Arizona Secretary of State Betsey Bayless, Phoenix; clear Regulatory Commission, who was accompanied Maryland Secretary of State John T. Willis, Annap- by several of his associates; Gary L. Jones, Director, olis; Robert H. Michel, Hogan and Hartson, and Natural Resources and Environment, General Ac- Bill Richardson, former Secretary of Energy, both of counting Office; Joe F. Colvin, Nuclear Energy Insti- Washington, D.C., both on behalf of the National tute, Washington, D.C.; David A. Lochbaum, Union Commission on Federal Election Reform; and Ste- of Concerned Scientists, Cambridge, Massachusetts; phen Ansolabehere, Massachusetts Institute of Tech- Oliver D. Kingsley, Jr., Exelon Generation Com- nology Department of Political Science, Cambridge, pany, Downers Grove, Illinois; and Steven M. Fetter, on behalf of the Caltech/MIT Voting Technology Fitch, Inc., New York, New York. Project. PEDIATRIC PHARMACEUTICAL STUDIES INTERIOR BUDGET Committee on Health, Education, Labor, and Pensions: Committee on Energy and Natural Resources: Committee Committee concluded hearings to examine the im- concluded hearings to examine the President’s pro- pact of the Pediatric Exclusivity provision of the posed budget request for fiscal year 2002 for the De- Better Pharmaceuticals for Children Act, which partment of the Interior, after receiving testimony grants a pharmaceutical company an additional six from Gale A. Norton, Secretary, and John Trezise, months of market exclusivity for new or marketed Director, Office of the Budget, both of the Depart- drugs in exchange for conducting pediatric studies ment of the Interior. requested by the Food and Drug Administration, FOREST SERVICE BUDGET after receiving testimony from Senator DeWine; Committee on Energy and Natural Resources: Committee Janet Woodcock, Director, Center for Drug Evalua- concluded hearings on the President’s proposed tion and Research, Food and Drug Administration, budget request for fiscal year 2002 for the Forest Department of Health and Human Services; Janet Service, Department of Agriculture, focusing on the Heinrich, Director, Health Care-Public Health National Fire Plan, Agency infrastructure, account- Issues, General Accounting Office; Paul Glaser, Eliz- ability, and administrative operations, after receiving abeth Glaser Pediatric Aids Foundation, Santa testimony from Dale N. Bosworth, Chief, Forest Monica, California; Robert Ward, University of Utah Service, Department of Agriculture, who was accom- Medical School, Salt Lake City, on behalf of the panied by several of his associates. American Academy of Pediatrics; Stephen P. Spielberg, Janssen Research Foundation, Titusville, NUCLEAR REGULATORY COMMISSION New Jersey, on behalf of the Pharmaceutical Re- Committee on Environment and Public Works: Sub- search and Manufacturers of America; and John D. committee on Clean Air, Wetlands, Private Prop- Golenski, RxHealth Value, Washington, D.C. h House of Representatives H. Res. 134, providing for recommittal of the Chamber Action conference report to accompany H. Con. Res. 83, es- Bills Introduced: 23 public bills, H.R. 1745–1767; tablishing the congressional budget for the United 1 private bill, H.R. 1768; and 4 resolutions, H. States Government for fiscal year 2002, revising the Con. Res. 128–130 and H. Res. 137, were intro- congressional budget for the United States Govern- duced. Pages H2021–22 ment for fiscal year 2001, and setting forth appro- Reports Filed: Reports were filed today as follows: priate budgetary levels for each of fiscal years 2003 through 2011 (H. Rept. 107–58); D410 CONGRESSIONAL RECORD — DAILY DIGEST May 8, 2001 H. Res. 135, providing for consideration of H.R. of California. Chairman Kolbe was previously ap- 581. to authorize the Secretary of the Interior and pointed on March 28, 2001. Page H1944 the Secretary of Agriculture to use funds appro- Committee on Vital and Health Statistics: The priated for wildland fire management in the Depart- Chair announced the Speaker’s appointment of Mr. ment of the Interior and Related Agencies Appro- Jeffery S. Blair of Albuquerque, New Mexico to the priations Act, 2001, to reimburse the United States National Committee on Vital and Health Statistics Fish and Wildlife Service and the National Marine for a four year term. Pages H1944–45 Fisheries Service to facilitate the interagency cooperation required under the Endangered Species Act of Recommittal of Budget Conference Report: The 1973 in connection with wildland fire management House agreed to H. Res. 134, providing for recom- (H. Rept. 107–59); mittal of the conference report to accompany H. Conference report on H. Con. Res. 83, estab- Con. Res. 83, establishing the congressional budget lishing the congressional budget for the United for the United States Government for fiscal year States Government for fiscal year 2002, revising the 2002, revising the congressional budget for the United States Government for fiscal year 2001, and congressional budget for the United States Govern- setting forth appropriate budgetary levels for each of ment for fiscal year 2001, and setting forth appro- fiscal years 2003 through 2011 by a yea-and-nay priate budgetary levels for each of fiscal years 2003 vote of 409 yeas to 1 nay, Roll No. 101. through 2011 (H. Rept. 107–60); and Pages H1951–56 H. Res. 136, waiving points of order against the Earlier, the House agreed to H. Res. 131,the rule conference report to accompany H. Con. Res. 83, es- that waived a requirement of clause 6(a) of rule XIII tablishing the congressional budget for the United with respect to consideration of certain resolutions States Government for fiscal year 2002, revising the reported from the Committee on Rules by a yea-and- congressional budget for the United States Govern- nay vote of 214 yeas to 200 nays, Roll No. 100. ment for fiscal year 2001, and setting forth appro- Pages H1945–51 priate budgetary levels for each of fiscal years 2003 through 2011 (H. Rept. 107–61). Quorum Calls Votes: Two yea-and-nay votes devel- Pages H1957–H2004, H2021 oped during the proceedings of the House today and appears on pages H1950–51 and H1956. There were Speaker Pro Tempore: Read a letter from the no quorum calls. Speaker wherein he appointed Representative Issa to act as Speaker pro tempore for today. Page H1931 Adjournment: The House met at 12:30 p.m. and adjourned at 9:50 p.m. Guest Chaplain: The prayer was offered by the guest Chaplain, the Rev. Thomas A. Kuhn, Church of the Incarnation, Dayton, Ohio. Page H1936 Committee Meetings Recess: The House recessed at 1:04 p.m. and recon- LABOR-HHS-EDUCATION APPROPRIATIONS vened at 2 p.m. Page H1936 Suspensions: The House agreed to suspend the rules Committee on Appropriations: Subcommittee on Labor, and pass the following measures: Health and Human Services and Education held a hearing on Health Resources and Services Adminis- 50th Anniversary of the National Science Foun- tration. Testimony was heard from Elizabeth M.J. dation: H. Con. Res. 108, honoring the National Duke, Acting Administrator, Health and Services Science Foundation for 50 years of service to the Na- Administration, Department of Health and Human tion; and Pages H1938–43, H1950 Services. 20th Annual National Peace Officers’ Memorial VA, HUD AND INDEPENDENT AGENCIES Service: H. Con. Res. 74, authorizing the use of the APPROPRIATIONS Capitol Grounds for the 20th annual National Peace Officers’ Memorial Service. Pages H1943–44 Committee on Appropriations: Subcommittee on VA, HUD and Independent Agencies held a hearing on Recess: The House recessed at 2:55 p.m. and recon- the Consumer Product Safety, the Community De- vened at 5 p.m. Page H1944 velopment Financial Institutions, the Selective Serv- Mexico-United States Interparliamentary Group: ices System the Office of Inspector General and the The Chair announced the Speaker’s appointment of FDIC. Testimony was heard from Ann Brown, the following members to the Mexico-United States Chairman, Consumer Product Safety Commission; Interparliamentary Group: Representatives Ballenger, Jeffery C. Berg, Acting Director, Community Devel- Dreier, Stenholm, Barton of Texas, Filner, Lewis of opment Financial Institutions, Department of the Kentucky, Manzullo, Granger, Reyes and Thompson Treasury; Gil Coronado, Acting Director, Selective May 8, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D411 Service System; and Gaston L. Gianni, Jr., Inspector MISCELLANEOUS MEASURES General, FDIC. Committee on Government Reform: Subcommittee on OPINION SURVEYS Government Efficiency, Financial Management, and Committee on Energy and Commerce: Subcommittee on Intergovernmental Relations approved for full Com- Commerce, Trade and Protection held a hearing en- mittee action the following bills: H.R. 583, Privacy titled ‘‘Opinion Surveys: What Consumers Have To Commission Act; and H.R. 577, amended, to re- Say About Information Privacy.’’ Testimony was quire any organization that is established for the heard from public witnesses. purpose of raising funds for the creation of a Presi- dential archival depository to disclose the sources EXPORT-IMPORT BANK and amounts of any funds raised. REAUTHORIZATION Committee on Financial Services: Subcommittee on MISCELLANEOUS MEASURES International Monetary Policy and Trade concluded Committee on Resources: Subcommittee on National hearings on reauthorization of the Export-Import Parks, Recreation, and Public Lands held a hearing Bank. Testimony was heard from public witnesses. on the following bills: H.R. 1161, to authorize the American Friends of the Czech Republic to establish OVERSIGHT—DOD FINANCIAL a memorial to honor Thomas G. Masaryk in the Dis- MANAGEMENT PROBLEMS trict of Columbia; and H.R. 1384, Navajo Long Committee on Government Reform: Subcommittee on Walk National Historic Trail Act. Testimony was Government Efficiency, Financial Management and heard from Representative Gilman; John J. Parsons, Intergovernmental Relations held a hearing on Associate Regional Director, Lands, Planning and ‘‘Oversight of the Department of Defense: What Resources, National Capital Region, National Park Must Be Done to Resolve DOD’s Longstanding Fi- Service, Department of the Interior; and public wit- nancial Management Problems?’’ Testimony was nesses. heard from Gregory D. Kutz, Director, Defense, State and NASA Financial Management, Financial RECOMMIT CONCURRENT BUDGET Management and Assurance, GAO; and the fol- RESOLUTION lowing officials of the Department of Defense: Rob- Committee on Rules: Granted, by voice vote, a resolu- ert J. Lieberman, Deputy Inspector General; and tion providing that upon adoption of the rule, the Lawrence J. Lanzillotta, Principal Deputy and Dep- conference report to accompany H. Con. Res. 83, es- uty Under Secretary, Management Reform. tablishing the congressional budget for the United OVERSIGHT—AID’S FINANCIAL States Government for fiscal year 2002, revising the MANAGEMENT PROBLEMS congressional budget for the United States Govern- Committee on Government Reform: Subcommittee on ment for fiscal year 2001, and setting forth appro- Government Efficiency, Financial Management, and priate budgetary levels for each of fiscal years 2003 Intergovernmental Relations held a hearing on through 2011, shall be recommitted to the con- ‘‘Oversight of the U.S. Agency for International De- ference committee. velopment: What Must Be Done to Resolve WILDFIRE MANAGEMENT ACT USAID’s Longstanding Financial Management Prob- lems?’’ Testimony was heard from the following offi- Committee on Rules: Granted, by voice vote, an open cials of AID, Department of State: Everett L. rule providing 1 hour of general debate on H.R. Mosley, Inspector General; and Richard C. Nygard, 581, to authorize the Secretary of the Interior and Acting Assistant Administrator, Management. the Secretary of Agriculture to use funds appropriated for wildland fire management in the Depart- OVERSIGHT—USDA’S FINANCIAL ment of the Interior and Related Agencies Appro- MANAGEMENT PROBLEMS priations Act, 2001, to reimburse the United States Committee on Government Reform: Subcommittee on Fish and Wildlife Service and the National Marine Government Efficiency, Financial Management, and Fisheries Service to facilitate the interagency coopera- Intergovernmental Relations held a hearing on tion required under the Endangered Species Act of ‘‘Oversight of the U.S. Department of Agriculture: 1973 in connection with wildland fire management What Must Be Done to Resolve USDA’s Long- The rule waives section 311 of the Congressional standing Financial Management Problems?’’ Testi- Budget Act of 1974 (prohibiting consideration of mony was heard from the following officials of the legislation or an amendment that would cause the USDA: Roger C. Viadero, Inspector General; and total level of new budget authority or outlays in the Patricia Healy, Acting Chief Financial Officer. most recent budget resolution to be exceeded, or D412 CONGRESSIONAL RECORD — DAILY DIGEST May 8, 2001 would cause revenues to be less) against consider- COMMITTEE MEETINGS FOR WEDNESDAY, ation of the bill. The rule provides that the bill shall MAY 9, 2001 be open for amendment at any point. The rule (Committee meetings are open unless otherwise indicated) waives all points of order against the bill. The rule authorizes the Chair to accord priority in recognition Senate to Members who have preprinted their amendments Committee on Agriculture, Nutrition, and Forestry: to hold in the Congressional Record. Finally, the rule pro- hearings on the nomination of Mary Kirtley Waters, of vides one motion to recommit, with or without in- Virginia, to be Assistant Secretary of Agriculture for Con- gressional Relations; the nomination of Lou Gallegos, of structions. Testimony was heard from Representative New Mexico, to be Assistant Secretary of Agriculture for Hefley. Administration; and the nomination of J.B. Penn, of Ar- kansas, to be Under Secretary of Agriculture for Farm and FOREIGN RELATIONS AUTHORIZATION Foreign Agricultural Services, 9:30 a.m., SR–328A. ACT Committee on Appropriations: Subcommittee on Com- merce, Justice, State, and the Judiciary, to continue hear- Committee on Rules: Heard testimony from Chairman ings to examine United States Federal Government capa- Hyde; Representatives Rohrabacher, Tancredo, Flake, bilities with respect to terrorism, 9:30 a.m., SH–216. Cantor, Bachus, Bartlett of Maryland, Manzullo, Subcommittee on Labor, Health and Human Services, Miller of Florida, Nethercutt, Ose, Lantos, Berman, and Education, to hold hearings on research funding Menendez, McKinney, Engel, Lee, Slaughter, Bent- issues surrounding breast cancer, 9:30 a.m., SD–124. sen, Doggett, Jackson-Lee of Texas and Schakowsky Subcommittee on VA, HUD, and Independent Agen- on H.R. 1646, Foreign Relations Authorization Act, cies, to hold hearings on proposed budget estimates for fiscal year 2002 for the National Aeronautics and Space Fiscal Years 2002 and 2003. No action was taken. Administration, 10 a.m., SD–138. Subcommittee on Defense, to hold hearings on pro- CONCURRENT BUDGET RESOLUTION posed budget estimates for fiscal year 2002 for the De- CONFERENCE REPORT partment of Defense, focusing on Reserve Chiefs and Na- Committee on Rules: Granted, by voice vote, a rule tional Guard Programs, 10 a.m., SD–192. Subcommittee on Commerce, Justice, State, and the waiving all points of order against the conference re- Judiciary, to continue hearings to examine United States port to accompany H. Con. Res. 83, establishing the Federal Government capabilities with respect to ter- congressional budget for the United States Govern- rorism, 1:30 p.m., SH–216. ment for fiscal year 2002, revising the congressional Committee on Commerce, Science, and Transportation: Sub- budget for the United States Government for fiscal committee on Surface Transportation and Merchant Ma- year 2001, and setting forth appropriate budgetary rine, to hold hearings to examine the state of the Rail levels for each of fiscal years 2003 through 2011 and Industry, including its current financial condition, infra- against its consideration. The rule provides that the structure capacity, and long term capital funding needs, 9:30 a.m., SR–253. conference report shall be considered as read. The Committee on Energy and Natural Resources: To hold hear- rule provides one hour of debate equally divided and ings on the nomination of Francis S. Blake, of Con- controlled by the chairman and ranking minority necticut, to be Deputy Secretary of Energy; the nomina- member of the Committee on the Budget. tion of Robert Gordon Card, of Colorado, to be Under Secretary of Energy; the nomination of Bruce Marshall SUMMIT OF THE AMERICAS OUTCOME— Carnes, of Virginia, to be Chief Financial Officer, Depart- HEMISPHERE FREE TRADE PROSPECTS ment of Energy; and the nomination of David Garman, of Virginia, to be an Assistant Secretary of Energy (En- Committee on Ways and Means: Subcommittee on ergy Efficiency and Renewable Energy), 9:30 a.m., Trade held a hearing on the Outcome of the Summit SD–366. of the Americas and the Prospects for Free Trade in Committee on Environment and Public Works: Sub- the Hemisphere. Testimony was heard from Rep- committee on Fisheries, Wildlife, and Water, to hold resentatives Moran of Virginia, Tauscher and hearings to examine the listing and de-listing processes of the Endangered Species Act, 9:30 a.m., SD–628. Christensen; Robert B. Zoellick, U.S. Trade Rep- Committee on Governmental Affairs: to hold oversight resentative; Loren Yager, Director, International Af- hearings to examine federal election practices and proce- fairs and Trade, GAO; Richard W. Fisher, former dures, 10 a.m., SD–342. Deputy U.S. Trade Representative; and public wit- Select Committee on Intelligence: to hold closed hearings on nesses. intelligence matters, 2 p.m., SH–219. May 8, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D413

Committee on the Judiciary: to hold hearings on pending Committee on the Judiciary, hearing on H.R. 169, Notifi- Department of Justice nominations, 10 a.m., SD–226. cation and Federal Employee Antidiscrimination and Re- taliation Act of 2001, 10 a.m., 2141 Rayburn. House Subcommittee on Commercial and Administrative Law, Committee on Appropriations, Subcommittee on Com- oversight hearing on the reauthorization of the U.S. De- merce, Justice, State and Judiciary, on Immigration and partment of Justice: Executive Office for the U.S. Attor- Naturalization Service, 10 a.m., 2237 Rayburn. neys; Civil Division; Environment and Natural Resources Subcommittee on Defense, executive, on Joint Forces Division; Executive Office for U.S. Trustees; and Office Command, 1:30 p.m., H–140 Capitol. of the Solicitor General, 2 p.m., 2141 Rayburn. Subcommittee on Energy and Water Development, on Committee on Science, Subcommittee on Environment, Department of Energy, Nuclear Waste Management and Technology and Standards, hearing on NOAA’s Fiscal Disposal, 10 a.m., 2362–B Rayburn. Year 2002 Budget: Predicting Weather Climate, 10 a.m., Subcommittee on Labor, Health and Human Services, 2318 Rayburn. Education, on Health Care Financing Administration, 10 Subcommittee on Space and Aeronautics, hearing on a.m., 2358 Rayburn. the Application of Vertical Takeoff and Landing (VTOL) Subcommittee on Transportation, on Federal Motor Technology in the National Airspace System, 2 p.m., Carrier Safety Administration, 2 p.m., 2358 Rayburn. 2318 Rayburn. Subcommittee on Treasury, Postal Service and General Committee on Small Business, hearing on Health Care Fi- Government, on GSA, 10 a.m., 2359 Rayburn. nancing Administration Paperwork Burdens, 10 a.m., Subcommittee on VA, HUD and Independent Agen- 2360 Rayburn. cies, on EPA, 1 p.m., 2359 Rayburn. Committee on Armed Services, Subcommittee on Military Committee on Transportation and Infrastructure, Sub- Installations and Facilities, hearing on facilities’ condi- committee on Economic Development, Public Buildings tions and the perspective of the senior enlisted, 1:30 and Emergency Management, hearing on H.R. 525, Pre- p.m., 2212 Rayburn. paredness Against Domestic Terrorism Act of 2001, 2 Subcommittee on Military Personnel, hearing on mili- p.m., 2253 Rayburn. tary voting, 2:30 p.m., 2118 Rayburn. Subcommittee on Highways and Transit, hearing on Committee on Education and the Workforce, to continue Driver Distractions: Electronic Devices in the Auto- markup of H.R. 1, No Child Left Behind Act of 2001, mobile, 10 a.m., 2167 Rayburn. 1 p.m., 2175 Rayburn. Subcommittee on Railroads, to mark up the following Committee on Energy and Commerce, to mark up H.R. bills: H.R. 1140, Railroad Retirement and Survivors’ Im- 1542, Internet Freedom and Broadband Deployment Act provement Act of 2001; and H.R. 1020, Railroad Track of 2001, 10 a.m., 2123 Rayburn. Modernization Act of 2001, 2 p.m., 2167 Rayburn. Committee on Financial Services, to consider pending Committee on Ways and Means, to mark up the following Committee business, 9:45 a.m., 2128 Rayburn. bills: H.R. 622, Hope for Children Act; H.R. 586, to Subcommittee on Financial Institutions and Consumer amend the Internal Revenue Code of 1986 to provide Credit, to consider H.R. 1406, Financial Services Anti- that the exclusion from gross income for foster care pay- fraud Network Act of 2001, 10 a.m., 2128 Rayburn. ments shall also apply to payments by qualified place- Committee on Government Reform, hearing on Challenges ment agencies; and H.R. 1727, Fallen Hero Survivor to National Security—Constraints on Military Training, Benefit Act of 2001, 10 a.m., 1100 Longworth. 10 a.m., 2154 Rayburn. Subcommittee on Health, hearing on Modernizing Committee on International Relations, Subcommittee on Beneficiary Cost Sharing, 2 p.m., 1100 Longworth. Middle East and South Asia, hearing on The ILSA (Iran- Permanent Select Committee on Intelligence, Subcommittee Libya Sanctions) Extension Act of 2001, 10 a.m., 2172 on International Policy and National Security, executive, Rayburn. briefing on the Balkans, 2 p.m., H–405 Capitol. D414 CONGRESSIONAL RECORD — DAILY DIGEST May 8, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 9 10 a.m., Wednesday, May 9

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of the Con- ation of S. 1, Elementary and Secondary Education Act ference Report on H. Con. Res. 83, establishing the con- Authorization, with a vote to occur on Kennedy (for Mi- gressional budget for the United States Government (rule kulski/Kennedy) Amendment No. 379 (to Amendment waiving points of order, 1 hour of debate); and No. 358). Consideration of H.R. 581, Wildfire Management Act (open rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E758, E759 Neal, Richard E., Mass., E755 Graves, Sam, Mo., E751 Nethercutt, George R., Jr., Wash., E745 Akin, W. Todd, Mo., E757 Grucci, Felix J., Jr., N.Y., E755 Northup, Anne M., Ky., E746 Baldacci, John Elias, Maine, E754 Harman, Jane, Calif., E758 Payne, Donald M., N.J., E756 Baldwin, Tammy, Wisc., E747 Hastert, J. Dennis, Ill., E745 Platts, Todd Russell, Pa., E750 Barrett, Thomas M., Wisc., E759 Hooley, Darlene, Ore., E751 Radanovich, George, Calif., E745, E746 Bentsen, Ken, Tex., E753 Lantos, Tom, Calif., E749 Rush, Bobby L., Ill., E751 Bereuter, Doug, Nebr., E749 Lee, Barbara, Calif., E755 Sanchez, Loretta, Calif., E752 Bonior, David E., Mich., E757 Lowey, Nita M., N.Y., E751 Shows, Ronnie, Miss., E753 Borski, Robert A., Pa., E758 Luther, Bill, Minn., E748 Smith, Adam, Wash., E756 Burton, Dan, Ind., E752 McGovern, James P., Mass., E746 Smith, Christopher H., N.J., E752 Capito, Shelley Moore, W.Va., E756 McInnis, Scott, Colo., E754, E759, E759, E760 Tiberi, Patrick J., Ohio, E757 Crenshaw, Ander, Fla., E751 McNulty, Michael R., N.Y., E747 Walsh, James T., N.Y., E746 Davis, Danny K., Ill., E758 Manzullo, Donald A., Ill., E750 Waxman, Henry A., Calif., E747 Davis, Jim, Fla., E754, E756 Moran, Jerry, Kansas, E758 Gillmor, Paul E., Ohio, E756 Morella, Constance A., Md., E747

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