3824 CONGRESSIONAL RECORD—HOUSE March 8, 1999 HOUSE OF REPRESENTATIVES—Monday, March 8, 1999

The House met at 2 p.m. and was I have also informed the House today necessary action after reports of espio- called to order by the Speaker pro tem- of the plans of the Committee on Rules nage and security breaches came to pore (Mr. UPTON). by a ‘‘Dear Colleague’’ letter. light, and I am outraged that back- f The Committee on Rules is expected ground check waivers continued to be to meet on Wednesday, March 10, to granted for suspect foreign visitors in DESIGNATION OF THE SPEAKER grant a rule for House Concurrent Res- light of the reported espionage. PRO TEMPORE olution 42 which would require that Can we realistically expect to main- The SPEAKER pro tempore laid be- amendments be preprinted in the CON- tain our technological expertise when fore the House the following commu- GRESSIONAL RECORD. In this case, supercomputers and satellite innova- nication from the Speaker: amendments to be preprinted would tions are offered up without proper re- WASHINGTON, DC, need to be signed by the Member and strictions? March 8, 1999. submitted to the Speaker’s table. Mr. Speaker, our military is already I hereby appoint the Honorable FRED Amendments should be drafted to the in trouble due to the financial short- UPTON to act as Speaker pro tempore on this resolution as introduced in the House. falls and cuts this administration has day. Mr. Speaker, Members should use the placed on it. Now other countries have J. , Office of Legislative Counsel to ensure classified information and U.S. nuclear Speaker of the House of Representatives. that their amendments are properly technology, all of which could directly f drafted and should check with the Of- impact our national security. Mr. Speaker, I yield back this admin- PRAYER fice of the Parliamentarian to be cer- istration’s national security policy be- The Chaplain, Rev. James David tain that their amendments comply with the rules of the House. fore it becomes apocalypse now. Ford, D.D., offered the following pray- f er: It is not necessary to submit amend- Let us pray using the words of Wil- ments to the Committee on Rules or to SPECIAL ORDERS liam W. Reid, Jr.: testify as long as the amendments The SPEAKER pro tempore. Under O God of every nation, of every race comply with House rules. the Speaker’s announced policy of Jan- and land, redeem Your whole creation, f uary 6, 1999, and under a previous order with Your almighty hand; where hate COMMUNICATION FROM THE HON- of the House, the following Members and fear divide us, and bitter threats ORABLE RICHARD A. GEPHARDT, will be recognized for 5 minutes each. are hurled, in love and mercy guide us DEMOCRATIC LEADER f and heal our strife torn world. Amen. The SPEAKER pro tempore laid be- f fore the House the following commu- INTRODUCTION OF H. CON. RES. 42, THE JOURNAL nication from the Honorable RICHARD PEACEKEEPING OPERATIONS IN A. GEPHARDT, Democratic Leader: The SPEAKER pro tempore. The KOSOVO RESOLUTION HOUSE OF REPRESENTATIVES, Chair has examined the Journal of the The SPEAKER pro tempore. Under a OFFICE OF THE DEMOCRATIC LEADER, last day’s proceedings and announces Washington, DC, March 5, 1999. previous order of the House, the gen- to the House his approval thereof. Hon. J. DENNIS HASTERT, tleman from New York (Mr. GILMAN) is Pursuant to clause 1, rule I, the Jour- Speaker of the House, House of Representatives, recognized for 5 minutes. nal stands approved. Washington, DC. Mr. GILMAN. Mr. Speaker, at the request of f DEAR MR. SPEAKER: Pursuant to section the Speaker, I have today introduced H. Con. 710(a)(2) of Public Law 105–277, I hereby ap- Res. 42, the ‘‘Peacekeeping Operations in PLEDGE OF ALLEGIANCE point the following individuals to the Par- Kosovo Resolution’’. The SPEAKER pro tempore. Will the ents Advisory Council on Youth Drug Abuse: The purpose of this resolution is to afford an Ms. Marilyn Bader of St. Louis, MO for one opportunity for the House of Representatives gentleman from Nevada (Mr. GIBBONS) year term; come forward and lead the House in the Mr. J. Tracy Wiecking of Farmington, MO to participate in the decision whether to deploy Pledge of Allegiance. for two year term. U.S. Armed Forces to Kosovo to implement Mr. GIBBONS led the Pledge of Alle- Yours Very Truly, the peace agreement now being negotiated at giance as follows: RICHARD A. GEPHARDT. Rambouillet, France. The Congress has a I pledge allegiance to the Flag of the f constitutional responsibility with respect to de- ployments of U.S. Armed Forces into poten- of America, and to the Repub- NATIONAL SECURITY POLICY lic for which it stands, one nation under God, tially hostile situations, and the Speaker and I indivisible, with liberty and justice for all. TROUBLESOME believe that debating and voting on this reso- f (Mr. GIBBONS asked and was given lution is an appropriate way for the Congress permission to address the House for 1 to begin to carry out this responsibility. ANNOUNCEMENT BY CHAIRMAN OF minute and to revise and extend his re- Some Members of Congress have serious COMMITTEE ON RULES REGARD- marks.) reservations about deploying U.S. Armed ING H. CON. RES. 42, PEACE- Mr. GIBBONS. Mr. Speaker, the Clin- Forces to Kosovo as peacekeepers. Others KEEPING OPERATIONS IN ton administration’s poor handling of strongly support the President’s policy. In an KOSOVO known nuclear espionage efforts by effort to give the benefit of the doubt to our Mr. DREIER. Mr. Speaker, I rise to China might prove to be an interesting President, the test of this resolution does not inform the House of the plan of the and new story line for a Tom Clancy criticize or oppose the proposed deployment Committee on Rules with respect to novel, but in my mind it has become to Kosovo. To the contrary, it states that ‘‘[t]he House Concurrent Resolution 42 re- potentially the ‘‘Apocalypse Now,’’ President is authorized to deploy United garding peacekeeping operations in part two. States Armed Forces personnel to Kosovo as Kosovo, which was introduced in the I find it troubling that it took 18 part of a NATO peacekeeping operation imple- House today. months for this administration to take menting a Kosovo peace agreement.’’

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.

VerDate jul 14 2003 10:01 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 9920 E:\BR99\H08MR9.000 H08MR9 March 8, 1999 CONGRESSIONAL RECORD—HOUSE 3825 The Speaker has stressed that this resolu- General Provisions, National Resource Cen- of Class D Airspace; Lawrenceville, GA [Air- tion is being offered without prejudice to the ters Program for Foreign Language and Area space Docket No. 98–ASO–20] received Feb- underlying question. We expect Members to Studies or Foreign Language and Inter- ruary 22, 1999, pursuant to 5 U.S.C. national Studies, Undergraduate Inter- 801(a)(1)(A); to the Committee on Transpor- vote their conscience on the resolution, in a national Studies and Foreign Language Pro- tation and Infrastructure. solemn exercise of their responsibility as the gram, The International Research and Stud- 929. A letter from the General Counsel, De- elected representatives of the American peo- ies Program, and Language Resource Centers partment of Transportation, transmitting ple. Program—February 22, 1999, pursuant to 5 the Department’s final rule—Establishment of Class C Airspace and Revocation of Class f U.S.C. 801(a)(1)(A); to the Committee on Edu- cation and the Workforce. D Airspace, Austin-Bergstrom International SPECIAL ORDERS GRANTED 918. A letter from the Secretary of Labor, Airport, TX; and Revocation of Robert transmitting the Department’s final rule— Mueller Municipal Airport Class C Airspace; By unanimous consent, permission to Process for Electing State Agency Rep- TX [Airspace Docket No. 97–AWA–4] (RIN: address the House, following the legis- resentatives for Consultations with Depart- 2120–AA66) received February 22, 1999, pursu- lative program and any special orders ment of Labor Relating to Nationwide Em- ant to 5 U.S.C. 801(a)(1)(A); to the Committee heretofore entered, was granted to: ployment Statistics System (RIN: 1290–AA19) on Transportation and Infrastructure. (The following Members (at the re- received February 5, 1999, pursuant to 5 930. A letter from the General Counsel, De- partment of Transportation, transmitting quest of Mr. GIBBONS) to revise and ex- U.S.C. 801(a)(1)(A); to the Committee on Edu- cation and the Workforce. the Department’s final rule—Airworthiness tend their remarks and include extra- Directives; Boeing Model 737–600, –700, and neous material:) 919. A letter from the Secretary of Energy, transmitting the Department’s report enti- –800 Series Airplanes [Docket No. 98–NM–258– Mr. SHIMKUS, for 5 minutes, today. tled ‘‘Performance Profiles of Major Energy AD; Amendment 39–11035; AD 99–04–11] (RIN: Mr. DEMINT, for 5 minutes, on March Producers 1997,’’ pursuant to 42 U.S.C. 7267; 2120–AA64) received February 22, 1999, pursu- 9. to the Committee on Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. GILMAN, for 5 minutes, today. 920. A letter from the Director, Office of on Transportation and Infrastructure. Regulatory Management and Information, 931. A letter from the General Counsel, De- f Environmental Protection Agency, transmit- partment of Transportation, transmitting the Department’s final rule—Airworthiness ADJOURNMENT ting the Agency’s final rule—Emission fac- tors for PM2.5 and its Precursors—received Directives; McDonnell Douglas Model MD– Mr. GIBBONS. Mr. Speaker, I move February 17, 1999, pursuant to 5 U.S.C. 90–30 Series Airplanes [Docket No. 98–NM– that the House do now adjourn. 801(a)(1)(A); to the Committee on Commerce. 269–AD; Amendment 39–11030; AD 99–04–06] The motion was agreed to; accord- 921. A letter from the Director, Office of (RIN: 2120–AA64) received February 22, 1999, ingly (at 2 o’clock and 6 minutes p.m.), Congressional Affairs, Nuclear Regulatory pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- under its previous order, the House ad- Commission, transmitting the Commission’s final rule—Standard Format and Content of ture. journed until tomorrow, Tuesday, 932. A letter from the General Counsel, De- License Termination Plans For Nuclear March 9, 1999, at 10:30 a.m., for morning partment of Transportation, transmitting Power Reactors—received February 22, 1999, the Department’s final rule—Airworthiness hour debates. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Directives; Construcciones Aeronauticas, mittee on Commerce. f S.A. (CASA), Model C–212 Series Airplanes 922. A letter from the Managing Director, [Docket No. 98–NM–141–AD; Amendment 39– EXECUTIVE COMMUNICATIONS, Federal Housing Finance Board, transmit- 11026; AD 99–04–02] (RIN: 2120–AA64) received ETC. ting the Board’s final rule—Revisions to the February 22, 1999, pursuant to 5 U.S.C. Freedom of Information Act Regulation [No. Under clause 8 of rule XII, executive 801(a)(1)(A); to the Committee on Transpor- 99–7] (RIN: 3069–AA71) received February 17, tation and Infrastructure. communications were taken from the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Speaker’s table and referred as follows: 933. A letter from the General Counsel, De- Committee on Government Reform. partment of Transportation, transmitting 912. A letter from the Director, Office of 923. A letter from the Director, Office of the Department’s final rule—Airworthiness Regulatory Management and Information, Management and Budget, transmitting a re- Directives; Textron Lycoming Reciprocating Environmental Protection Agency, transmit- port on accounting use for internal use soft- Engines IO–540 and O–540 Engines Equipped ting the Agency’s final rule—Formic Acid; ware; to the Committee on Government Re- With Slick Aircraft Products Magnetos Tolerance Exemptions [OPP300451A; FRL– form. [Docket No. 98–ANE–81–AD; Amendment 39– 5600–4] received February 17, 1999, pursuant 924. A letter from the Chief Judge, Supe- 11028; AD 99–04–04] (RIN: 2120–AA64) received to 5 U.S.C. 801(a)(1)(A); to the Committee on rior Court of the District of Columbia, trans- February 22, 1999, pursuant to 5 U.S.C. Agriculture. mitting the amended ‘‘Jury Plan for the Su- 801(a)(1)(A); to the Committee on Transpor- 913. A communication from the President perior Court of the District of Columbia’’; to tation and Infrastructure. of the United States, transmitting a request the Committee on Government Reform. 934. A letter from the General Counsel, De- for emergency funds that will support the 925. A letter from the Director, The Peace partment of Transportation, transmitting District of Columbia and the Department of Corps, transmitting the FY 1998 report pur- the Department’s final rule—Airworthiness the Interior, pursuant to Public Law 105–277; suant to the Federal Managers’ Financial In- Directives; Rolls-Royce Limited Dart Series (H. Doc. No. 106–36); to the Committee on Ap- tegrity Act, pursuant to 31 U.S.C. 3512(c)(3); Turboprop Engines [Docket No. 98–ANE–46– propriations and ordered to be printed. to the Committee on Government Reform. AD; Amendment 39–11033; AD 99–04–09] (RIN: 914. A letter from the Under Secretary of 926. A letter from the Assistant Secretary 2120–AA64) received February 22, 1999, pursu- Defense, Comptroller, Department of De- for Fish and Wildlife and Parks, Department ant to 5 U.S.C. 801(a)(1)(A); to the Committee fense, transmitting certifying that the cur- of the Interior, transmitting the Depart- on Transportation and Infrastructure. rent Future Years Defense Program fully ment’s final rule—Migratory Bird Permits; 935. A letter from the General Counsel, De- funds the support costs associated with the Establishment of a Conservation Order for partment of Transportation, transmitting Medium Tactical Vehicle Replacement Pro- the reduction of Midcontinent light goose the Department’s final rule—Airworthiness gram; to the Committee on Armed Services. populations (RIN: 1018–AF05) received Feb- Directives; Raytheon Aircraft Company 915. A letter from the Director, Office of ruary 22, 1999, pursuant to 5 U.S.C. Models 1900, 1900C, and 1900D Airplanes Personnel Management, transmitting a 801(a)(1)(A); to the Committee on Resources. [Docket No. 98–CE–66–AD; Amendment 39– project plan for the Department of Defense 927. A letter from the Deputy Assistant Ad- 11032; AD 99–04–08] (RIN: 2120–AA64) received Civilian Acquisition Workforce Personnel ministrator for Fisheries, National Oceanic February 22, 1999, pursuant to 5 U.S.C. Demonstration; to the Committee on Armed and Atmospherice Administration, transmit- 801(a)(1)(A); to the Committee on Transpor- Services. ting the Administration’s final rule—Fish- tation and Infrastructure. 916. A letter from the Assistant Secretary, eries of the Caribbean, Gulf of Mexico, and 936. A letter from the Secretary of Trans- Department of Education, transmitting South Atlantic; Snapper-Grouper Fishery off portation, transmitting the accomplish- Final Regulations—International Education the Southern Atlantic States; Amendment 9; ments of the National Intelligent Transpor- Programs, pursuant to 20 U.S.C. 1232(f); to OMB Control Numbers [Docket No. 981006253– tation Systems (ITS) Program for the year the Committee on Education and the Work- 9021–03; I.D. 082698D] (RIN: 0648–AK05) re- 1997; to the Committee on Transportation force. ceived February 22, 1999, pursuant to 5 U.S.C. and Infrastructure. 917. A letter from the Assistant General 801(a)(1)(A); to the Committee on Resources. 937. A letter from the Chief, Regulations Counsel for Regulations, Department of Edu- 928. A letter from the General Counsel, De- Branch, U.S. Customs Service, Department cation, transmitting the Department’s final partment of Transportation, transmitting of the Treasury, transmitting the Depart- rule—International Education Programs: the Department’s final rule—Establishment ment’s final rule—Automated Clearinghouse

VerDate jul 14 2003 10:01 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H08MR9.000 H08MR9 3826 CONGRESSIONAL RECORD—HOUSE March 8, 1999 Credit [T.D. 99–11] (RIN: 1515–AC26) received PUBLIC BILLS AND RESOLUTIONS ton Regional Office as it is contrary to the February 22, 1999, pursuant to 5 U.S.C. public’s interest; to the Committee on Com- 801(a)(1)(A); to the Committee on Ways and Under clause 2 of rule XII, public merce. bills and resolutions were introduced Means. 6. Also, a memorial of the Senate of the 938. A letter from the Chief, Regulations and severally referred, as follows: State of Nevada, relative to Senate Joint Unit, , transmitting By Mr. COBLE: Resolution No. 4 urging the Congress of the the Service’s final rule—Electronic Funds H.R. 1027. A bill to provide for the carriage United States not to enact the Nuclear Transfer—Temporary Waiver of Failure to by satellite carriers of local broadcast sta- Waste Policy Act of 1999; jointly to the Com- Deposit Penalty for Certain Taxpayers [No- tion signals, and for other purposes; to the mittees on Commerce, Resources, and Trans- tice 99–12] received February 22, 1999, pursu- Committee on the Judiciary, and in addition portation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee to the Committee on Commerce, for a period on Ways and Means. to be subsequently determined by the Speak- f 939. A letter from the Chief, Regulations er, in each case for consideration of such pro- Unit, Internal Revenue Service, transmitting visions as fall within the jurisdiction of the the Service’s final rule—Proposed Changes to committee concerned. ADDITIONAL SPONSORS TO PUBLIC Final Witholding Regulations Under Section By Mr. FORBES: BILLS AND RESOLUTIONS 1441; Proposed Model Qualified Intermediary H.R. 1028. A bill to direct the Adminis- Withholding Agreement [Notice 99–8] re- trator of the Small Business Administration Under clause 7 of rule XII, sponsors ceived February 22, 1999, pursuant to 5 U.S.C. to redesignate the branch office of the Ad- were added to public bills and resolu- 801(a)(1)(A); to the Committee on Ways and ministration located in Melville, New York, tions as follows: Means. as a district office; to the Committee on 940. A letter from the Chief, Regulations H.R. 40: Mr. BRADY of Pennsylvania, Mr. Small Business. Unit, Internal Revenue Servicce, transmit- RANGEL, Ms. JACKSON-LEE of Texas, and Mr. By Ms. NORTON (for herself, Mr. BACH- ting the Service’s final rule—Proposed OLVER. US, Ms. WATERS, Mr. CASTLE, Mrs. Changes to Final Withholding Regulations CHRISTENSEN, Mr. FALEOMAVAEGA, H.R. 316: Mr. DEMINT, Mr. NORWOOD, Mr. Under Section 1441; Proposed Model Quali- Mr. ROMERO-BARCELO, and Mr. BARR of Georgia, Mr. BOUCHER, Mr. DAVIS of fied Intermediary Withholding Agreement UNDERWOOD): Virginia, Mr. SCOTT, and Mr. BLILEY. [Notice 99–8] received February 22, 1999, pur- H.R. 1029. A bill to amend the 50 States H.R. 347: Mr. BARCIA, Mr. CRANE, and Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Commemorative Coin Program Act to extend DICKEY. mittee on Ways and Means. 941. A letter from the Chairman, Federal the program by an additional year for the H.R. 540: Mr. PHELPS, Mr. SAWYER, Mr. Election Commission, transmitting the FY purpose of including the District of Colum- SHOWS, Mr. BLAGOJEVICH, Mr. FARR of Cali- 1999 Budget Request, pursuant to 2 U.S.C. bia, American Samoa, Guam, Puerto Rico, fornia, and Ms. CARSON. 437d(d)(1); jointly to the Committees on and the United States Virgin Islands within H.R. 637: Mr. TERRY, Ms. SANCHEZ, Mr. House Administration and Appropriations. the scope of the program; to the Committee LEWIS of Kentucky, Mr. WHITFIELD, Mr. on Banking and Financial Services. MCINTOSH, Mr. BOUCHER, and Mr. OLVER. f By Mr. GILMAN: H.R. 744: Mr. BOEHNER. H. Con. Res. 42. Concurrent resolution re- REPORTS OF COMMITTEES ON H.R. 769: Mr. BERMAN. PUBLIC BILLS AND RESOLUTIONS garding the use of United States Armed Forces as part of a NATO peacekeeping oper- H.R. 771: Mr. SENSENBRENNER. Under clause 2 of rule XIII, reports of ation implementing a Kosovo peace agree- H.R. 798: Mr. UDALL of Colorado, Mr. committees were delivered to the Clerk ment; to the Committee on International Re- WEYGAND, Mr. LEWIS of Georgia, Mr. for printing and reference to the proper lations. SERRANO, and Ms. HOOLEY of . calendar, as follows: By Mr. GOSS (for himself, Mr. GILMAN, H.R. 800: Ms. STABENOW, Ms. DUNN, Ms. [Submitted March 5, 1999] and Mr. FOLEY): GRANGER, Mr. SMITH of Michigan, Mrs. H. Con. Res. 43. Concurrent resolution con- Mr. ARCHER: Committee on Ways and BIGGERT, and Mr. LATOURETTE. demning the irregular interruption of the Means. H.R. 416. A bill to provide for the rec- H.R. 828: Mr. MCINTOSH, Mr. RAHALL, and democratic political institutional process in tification of certain retirement coverage er- Mr. METCALF. Haiti; to the Committee on International Re- rors affecting Federal employees, and for H.R. 859: Mr. SMITH of Washington. lations. other purposes (Rept. 106–29, Pt. 2). Referred H.R. 863: Mr. EWING, Mr. RADANOVICH, and to the Committee of the Whole House on the By Mr. TRAFICANT: H. Con. Res. 44. Concurrent resolution au- Mr. RAMSTAD. State of the Union. thorizing the use of the Capitol Grounds for H.R. 886: Ms. PELOSI, Mr. LEWIS of Georgia, [Submitted March 8, 1999] the 18th annual National Peace Officers’ Me- and Mr. MCDERMOTT. Mr. GOODLING: Committee on Education morial Service; to the Committee on Trans- H.R. 894: Mr. POMBO. and the Workforce. H.R. 800. A bill to provide portation and Infrastructure. H.R. 903: Mr. LINDER, Mr. STUMP, and Mr. for education flexibility partnerships; with MORAN of Virginia. an amendment (Rept. 106–43) Referred to the f H.R. 910: Mr. ROGAN. Committee of the Whole House on the State MEMORIALS of the Union. H.R. 914: Mr. KLINK, Mr. KUCINICH, Mr. Mr. BLILEY: Committee on Commerce. Under clause 3 of rule XII, memorials SHOWS, Mr. MCNULTY, and Mr. WEINER. H.R. 540. A bill to amend title XIX of the So- were presented and referred as follows: H.R. 986: Mr. PALLONE. cial Security Act to prohibit transfers or dis- 5. The SPEAKER presented a memorial of H. Con. Res. 24: Mr. STUMP, Mr. MILLER of charges of residents of nursing facilities as a the Senate of the Commonwealth of Massa- Florida, Mr. INSLEE, Mr. EHRLICH, Mr. GREEN result of a voluntary withdrawal from par- chusetts, relative to a resolution requesting of Wisconsin, Mr. HINCHEY, Mr. HILL of Indi- ticipation in the Medicaid Program (Rept. the President of the United States to direct ana, Mr. WELDON of Pennsylvania, Mr. OSE, 106–44). Referred to the Committee of the the Chairman of the Federal Trade Commis- Mr. FORD, Mr. GREENWOOD, and Mr. PETER- Whole House on the State of the Union. sion to rescind his decision closing the Bos- SON of Minnesota.

VerDate jul 14 2003 10:01 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H08MR9.000 H08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3827 SENATE—Monday, March 8, 1999

The Senate met at 12 noon and was MORNING BUSINESS Our Founding Fathers understood called to order by the President pro The PRESIDING OFFICER. Under well that low and freedom were tempore [Mr. THURMOND]. the previous order, there will now be a directly related. To protect individual liberty from future abuses, they craft- PRAYER period for the transaction of morning business not to extend beyond the hour ed clause 4 of article I, section 9 of the The Chaplain, Dr. Lloyd John of 2 p.m. The time between 12 noon and U.S. Constitution, that is, rejecting all Ogilvie, offered the following prayer: 12:30 p.m. shall be under the control of direct income taxes that were not ap- Merciful God, we want to live our the Senator from Minnesota, Mr. propriated by each State by its popu- lives in grateful response to Your good- lation. ness. May Your goodness bind our GRAMS, or his designee. The Senator from Minnesota is rec- This clause, as originally adopted in hearts to You. There is no limit to the Constitution, reflected the genius, what we are able to accomplish when ognized. Mr. GRAMS. I thank the Chair. I also the wisdom, and the experience of our love is our motivation. Help us to live Founding Fathers—protecting indi- this entire day as an expression of our expect to be joined in a few minutes by Senator TIM HUTCHINSON of Arkansas vidual liberty by limiting the Govern- love for You, for all the grace You have ment’s power to . lavished upon us. Rather than living by and also Senator ROBERT SMITH of New Hampshire, and I will yield time to For more than 100 years following obligation or oughts, may we do our the founding of this Nation, the Amer- work today as our way of telling You them as they come to the floor this morning. ican people enjoyed tax freedom and how much we love You. We are so did not pay any income taxes. The Su- thankful for Your care, for the privi- f preme Court defended this freedom and lege of living in this free land, for our THE ANNIVERSARY held the income tax to be unconstitu- families and friends, and for the oppor- tional. Unfortunately, under the direct tunity to serve You in the formulation Mr. GRAMS. I wanted to take a few influence of the rise of socialism in Eu- of public policy for the welfare and moments this morning to talk a little prosperity of all people. Our goal is to bit about birthdays and anniversaries. rope at that time, on February 3, 1913, enjoy this day to the fullest. Through As we know, basically they are happy the 16th amendment to the Constitu- our Lord and Savior. Amen. remembrances of events we should cel- tion was ratified, giving the Govern- ebrate. Eighty-six years ago today, the ment unlimited power to tax. And then f Internal Revenue Service began to levy on March 8, 1913, the IRS began col- RECOGNITION OF THE ACTING and collect a personal income tax on lecting personal income tax. The ratifi- MAJORITY LEADER the American people. cation of the 16th amendment and the The PRESIDENT pro tempore. The I believe this is nothing to celebrate. enactment of the first Tax Code fun- able acting majority leader, the Sen- To borrow a phrase from Ronald damentally eroded our individual lib- ator from Minnesota, is recognized. Reagan, you will excuse the taxpayers erty. Initially, less than 1 percent of all Mr. GRAMS. I thank the Chair. if they don’t celebrate the daily mug- Americans paid any kind of income f ging that we call the Tax Code. tax. Only 5 percent of Americans paid As we note the sad occasion, I rise to any income tax as late as 1939 before SCHEDULE call upon Congress to take immediate the beginning of World War II. Mr. GRAMS. Today the Senate will action to end the Federal Tax Code as Times, as we know, have changed be in a period of morning business until we know it and replace it with a new dramatically. Today, the Federal tax 2 p.m. Following morning business, the system that is fairer, simpler, and burden is at a historic high. Federal Senate will resume consideration of S. friendlier to the taxpayers. I also call taxes now consume nearly 21 percent of 280, the education flexibility partner- upon Congress to take immediate ac- national income. A typical American ship bill. Under a previous order, the tion to reduce the ever-increasing tax family pays $9,000 a year in Federal Senate will vote on the motion to in- burden by providing meaningful tax re- tax. A median-income family can ex- voke cloture on the Jeffords substitute lief for every working American. Now, pect to give up nearly 40 percent of all amendment at 5 p.m. this evening. that, Mr. President, would be some- of its income in Federal, State and Therefore, Members have until 4 p.m. thing to celebrate. local taxes. And that is more than it today to file second-degree amend- This great Nation was born out of a spends on food, clothing, transpor- ments to the Jeffords amendment. As a tax revolt. The revolt didn’t come tation and housing combined. reminder, a second cloture motion was about because our Founding Fathers Mr. President, every year the tax filed last Friday, and therefore a clo- were selfish but because they didn’t system pushes more and more Ameri- ture vote will occur tomorrow unless want to be shackled by Government cans into higher and higher tax brack- an agreement can be reached between regulations, intrusive bureaucracies, ets, and that is to meet the demands of the two sides on how to proceed expedi- abusive taxing powers, and the unjust ever-increasing Government spending. tiously with this bill. Mr. President, also under rule XXII, policies of their homeland. They didn’t It is an old saying, but it has never Members must file first-degree amend- want to send their hard-earned money been more true, that ‘‘Government is ments today to qualify for the second to an English Parliament that wasted in endless pursuit of new ways to tax.’’ cloture vote tomorrow. I thank my col- every penny of it without any respect The tax system has created a mon- leagues for their attention. for those who earned it. strous bureaucracy—the intrusive, abu- Mr. President, I believe, under a pre- The Boston Tea Party was the result sive Internal Revenue Service. More vious order, I have control of the floor of a one-half of 1 percent tax that was than $7 billion in taxpayers’ money an- for the next 30 minutes or until 12:30. levied on the Colonies. Put that in nually goes to support the operations terms of today’s tax burden. of the Internal Revenue Service. Those f This tax revolt was about freedom; it dollars have built a tax system that is RESERVATION OF LEADER TIME was about liberty; it was about a per- extremely complicated and difficult for The PRESIDING OFFICER (Mr. SES- son being able to own more of the anyone to try to understand. The Tax SIONS). Under the previous order, the fruits of his labor rather than being Code originally was only 14 pages when leadership time is reserved. strangled by the albatross of taxation. it was first enacted, but today it has

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

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3828 CONGRESSIONAL RECORD—SENATE March 8, 1999 grown to more than 10,000 pages. And it vate income of the American people. economy, helping to keep it strong and costs hundreds of billions of dollars for Without repeal of this Amendment, healthy. taxpayers to comply with its dizzying any tax system will eventually erode Most economists, including Chair- requirements. into the very system we have today. man Greenspan, agree that an across- There is a growing national con- Second, the legislation will repeal the-board tax cut is good for America. sensus that the current Tax Code is the income tax, the payroll tax, the es- I will be addressing S. 3, my 10 percent antifamily, it is antieconomic growth, tate tax, the gift tax, the capital gains across-the-board tax cut legislation, it is unfair, it encourages abuse, waste tax, the self-employment tax, and the later this week in more detail. and corruption, and it needs to be ter- corporate tax. Today, I want to remind my col- minated. Third, the legislation will impose a leagues about the anniversary of the I thank my colleague from Arkansas, single rate on all new goods and serv- income tax and the hardship the Tax who plans on introducing legislation— ices at the point of final purchase for Code has placed on our people—again, he did introduce legislation last year— consumption, and it provides a uni- an anniversary I do not think worth that would do just that, that is, elimi- versal rebate in an amount equal to the celebrating. nate the Tax Code as we know it. I was sales tax paid on essential goods and So, I urge my colleagues to join me proud to join him as an original co- services, to help lower-income individ- in a pledge that we will not let another sponsor, and I look forward to sup- uals. anniversary come and go before we porting his efforts once again this year. Every American will be better off dedicate ourselves to replacing the Tax The next question to answer is, How under the Fair Tax system than they Code with a better system, and at the will we replace the Tax Code since are under the system that today holds same time do everything we can to re- there is a need for Federal revenues to them captive. I believe it will create duce the existing tax burden on the fund defense and foreign policy needs expanded economic opportunities for overtaxed American people. Mr. President, I see my colleague as well as some Federal programs? our Nation and for our people. from Arkansas is on the floor. I would Mr. President, I have been exploring I realize it will take some time to like to yield to him, Senator HUTCH- alternative tax systems for quite a pass , so in the meantime, I INSON. while. After considerable study of the strongly support reducing the tax bur- The PRESIDING OFFICER. The Sen- issue, I believe the national sales tax dens of overtaxed Americans. ator from Arkansas. plan that has been developed by Ameri- The American people have good rea- Mr. HUTCHINSON. Mr. President, I cans for Fair Taxation is the best re- son to ask for a tax cut. commend the Senator from Minnesota. placement for the Tax Code. Since 1993, Federal taxes have in- I don’t know of a Senator who has been Any new tax system must restore our creased by 50 percent. They have grown more consistent, more persistent, more fundamental principles of low taxes twice as much as Government spending determined, more resolute in trying to and limited taxing power. It must fair- and as a result, Americans today have reduce the tax burden under which the ly and efficiently distribute the burden the largest tax burden since World War American people labor, trying to sim- of funding our Government, promote II, and it is still growing. plify this very onerous Tax Code under economic growth, simplify compliance, What is most devastating is the which we operate, than Senator ROD and offer every American better eco- ‘‘middle-class tax squeeze.’’ More and GRAMS of Minnesota. I am glad to asso- nomic opportunity. more middle-income workers are being ciate myself with his comments today. The Fair Tax system, which I intend thrown into higher tax brackets. There I suppose it is inappropriate to say, to introduce soon, meets these impor- is no excuse to continue taxing middle- ‘‘Happy anniversary,’’ because the an- tant criteria. It is a fairer, simpler, income Americans at such a high rate niversary we remember today is not friendlier tax system. It will increase in an era of budget surpluses. one that is a source of happiness. Mr. economic growth, investment, capital More Americans are working harder President, 86 years ago today—March 8, formation, and the creation of jobs and and are earning more today. But a 86 years ago today—the Federal Gov- savings. large share of the higher incomes of ernment implemented the 16th amend- Under the Fair Tax system, working hard-working Americans are not being ment, ratified in 1913, and began at Americans keep 100 percent of their spent on their families’ priorities, but that point eating away at the income pay, , or Social Security check. are instead being siphoned off by Wash- of the American worker. They no longer need to file a tax return ington. Perhaps that date, March 8, is a day with the IRS. Their family’s finances This is not fair. People work hard that ought to ‘‘live in infamy.’’ But, are not revealed to Government bu- and are then penalized for their work. then, maybe we should not be too hard reaucrats. With punitive taxes, Washington on those who enacted the income tax They will not be penalized for getting makes the American dream of working amendment. I believe they could never or staying married—or dying, for that hard for a better life more difficult to have envisioned, they never could have matter. Everyone pays the same tax achieve for many—and impossible for imagined, what would have happened rate without loopholes for special in- some. under the guise of the income tax. In terest groups. There will not be any That is why Congress needs to take fact, I understand there was actually a hidden taxes and everyone will easily immediate action to provide meaning- proposal during the time that was understand the tax and how much tax ful tax relief for all working Ameri- being debated in Congress to cap what they are paying. And finally—the good cans. the income tax could ever reach—a news—it will abolish the IRS. Our exceptionally strong economy ceiling—and it was dismissed because Mr. President, does this sound too will generate an enormous non-Social it was concluded that Congress would good to be true? It may sound that Security surplus over the next 10 years. never raise the income tax to such an way, but believe me, it is real. Let me This surplus enables us to provide a exorbitant level. briefly highlight how my Fair Tax leg- broad-based tax cut for overtaxed During the 1930s, Federal income islation will achieve this. Americans—again, without new red taxes never, never were more than 1.4 First, the legislation will call for the ink, and without spending any of the percent of the Gross National Prod- repeal of the Constitutional Amend- Social Security surplus. The surplus uct—1.4 percent. In the 1990s the in- ment that created the tax nightmare will also allow Congress to retire some come tax now represents, as a percent- we find ourselves in today. As I noted of the national debt every year. age of the GNP, about 9 percent. So it earlier, the 16th Amendment is the If we do not return the surplus to the has just skyrocketed. root of all tax evil. taxpayers, Washington will spend every The amendment originally passed It abandons our Founding Fathers’ penny of it to expand the Government. said this: core principle by giving the Govern- In addition, broad-based tax relief is The Congress shall have power to lay and ment unlimited power to tax the pri- an insurance policy for the American collect taxes on incomes, from whatever

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3829 source derived, without apportionment I applaud and commend Senator We can ignore the plight of the Amer- among the several states, and without regard GRAMS for being bold enough, creative ican taxpayer, continue to celebrate, to any census of enumeration. enough and, I might add, courageous so-called, these tax anniversaries. That That is the way it began—just a lit- enough to introduce a very broad, com- is one option that we have. No one has tle sliver, just a small portion from prehensive proposal to replace the cur- suggested we should not meet a full Americans’ wallets, at the turn of the rent, clearly inequitable tax system. commitment to Social Security. Sixty- century. That has turned into an enor- For too long the American people have two percent of the projected revenue mous chunk of the pie, of the American suffered under the heavy chains of the surplus should be set aside for Social family’s reward for a hard day’s work. oppressive regime we call our Tax Security. There is no debate about According to the Office of Manage- Code. Each year, Americans spend over that. Both parties agree about that. ment and Budget, individual income 5.4 billion hours slaving away to com- We need to do much more. We need to taxes constituted only 14.6 percent of ply with tax provisions. That 5.4 billion take the opportunity with the remain- the total revenue of the Federal Gov- hours is the equivalent amount of time der not to create new spending pro- ernment in 1935. Less than 15 percent of it takes to produce all the cars, all the grams, but to lessen the burden upon all revenues generated for the Federal trucks, and all the airplanes in this the American people. We cannot ignore Government came from the Federal in- country in 1 year. All of that energy, the plight of the American taxpayer. come tax in 1935. Today, individual in- all of that productivity going to com- We can continue with the status quo, come taxes constitute a whopping, ply with the Tax Code. or we can implement incremental re- staggering 45 percent of the total Fed- A humble family of four will spend forms and try our best to make repairs eral revenue, better than three times the equivalent of 2 weeks for Tax Code to a house built on shifting sand, as we what it was in the 1930s. compliance. Ironically, every year $13.7 have almost every year for the last 12 The rate has grown so rapidly, the billion of the money that taxpayers years. Tax Code has become so onerous, that struggle to pay the Federal Govern- Finally, we can lay a solid founda- Senator GRAMS and I are black-mark- ment is expended in enforcing the code. tion for a new house by voting for real ing this day in American tax history. They pay their taxes. They pay their reform. We can sunset the existing Tax It is only a prelude to the dreaded date, tax bill, $13.7 billion of which goes to Code, and we can pass a fairer and sim- April 15. It is only in May, on or about enforce that code. Yet the IRS, a bu- pler and more understandable tax sys- May 7, that hard-working Americans reaucracy of 110,000 people in over 650 tem, one that the American people de- can breathe a sigh of relief, on what is offices around the country, provides serve. called Tax Freedom Day. Only on that misinformation one out of every four I thank my colleague for his leader- day, May 7, can Americans begin to times a taxpayer calls to seek assist- ship. I yield the floor. keep their hard-earned money, after ance. The PRESIDING OFFICER. The Sen- having spent 4 months working to pay It is time that we act. We have made ator from Minnesota. Uncle Sam’s tax bill. It is for no small the Tax Code ever more complex. In Mr. GRAMS. Mr. President, I thank reason that Alexander Hamilton, in 1997, Senator GRAMS was very much in- my colleague from Arkansas for join- Federalist Paper No. 36, stated: volved in this. I am sure if Senator ing me this morning in talking about Many spectres have been raised out of this SESSIONS had been in the U.S. Senate anniversary, as he mentioned, as not power of internal taxation, to excite the ap- at the time, he would have been in- really a time to celebrate but to re- prehensions of the people. volved in it. We made a serious at- member. As Senator HUTCHINSON noted, That was written 210 years ago. tempt to ease the tax burden on the it was he and I who, back in 1993 when Today, we know exactly what Alex- American people. Senator GRAMS and I, we were both in the House, worked to ander Hamilton meant. The Federal on the House side, introduced the $500- enact the $500-per-child tax credit. We Government has used the power of in- per-child tax credit. We said working first introduced it in 1993, and finally ternal taxation to create broad distrust families deserved to have that; that the got it signed into law in 1997. Today it in the American people and create a cost of rearing a child has increased makes up about 75 or 80 percent of all Tax Code 7,500 pages in length con- and was never indexed for inflation. tax relief this Congress has enacted in taining over 800,000 words. We in the The per-child tax deduction nowhere 4 years. It is just a small start, I think, Senate have an opportunity to replace near compensated for what it cost. We, of what we really need to do as far as these dreadful anniversaries with a new in effect, said public policy did not reform and additional tax relief. I one—the elimination of the present really value families, and we didn’t thank him for his help and all his sup- Tax Code on December 31, 2003. The really value children. We pushed for port in getting it passed. Tax Code Termination Act, which I that, not only the $500-per child tax Again, I will just remind people why will, as Senator GRAMS alluded, intro- credit, but this Senate and this Con- we are here talking about this. It was duce in the near future, would elimi- gress, for the first time in 16 years, re- in 1913, 86 years ago today, that the nate, terminate, sunset the existing duced the tax burden on working first income tax was levied in this Tax Code by December 31, 2003. Americans. country, despite provisions laid out in Congress, the President, and the Even after that successful effort, the the Constitution against that. It was American people would then replace tax burden remains so high that the passed in 1913. At that time it was the current Tax Code with a leaner, average American family will spend only, as Senator HUTCHINSON said, a simpler, fairer, and more honest tax more on taxes at the Federal, State, minor tax. Only about 1 percent of the system by no later than Independence and local level than they will spend for people in this country came under this Day, July 4, 2003, the beginning of a food, for clothing, for housing, edu- income tax provision. new era of freedom in this country. cation and recreation all combined. The first Tax Code was only 14 pages Senator GRAMS will be introducing a That is how much we are taking. long. Today, as we know, it is well over simpler, fairer tax system; others have Even in 1997, when we sought to re- 10,000 pages, so complicated that even proposed other alternatives. I will duce the tax burden on the American the most sophisticated tax lawyers make my decision. I say this: The Tax people, we had an undesired con- cannot figure it out. As the Senator Code Termination Act, the sunsetting sequence. We were unwitting contribu- from Arkansas mentioned, if one calls of the Tax Code, is not relying upon tors to the complexity of the Tax Code, the IRS for information or a question, which kind of solution, it does not de- and we created even new complica- they have about a 50/50 chance of get- termine which direction we should go, tions, new deductions, new credits at ting a correct answer. What we have is but, I assert, we cannot do worse than that time when we were trying to re- a Tax Code, a tax system that is so the current inexplicable, incomprehen- duce taxes. complex, so abusive that it is no longer sible Tax Code by which we are gov- Mr. President, in the Senate we have efficient. To try and make even some erned. a number of options before us in 1999. minor reforms or adjustments to it, I

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3830 CONGRESSIONAL RECORD—SENATE March 8, 1999 always say, is like trying to put lip- dent, 1999 is the eighty-sixth anniver- taxes, and ‘‘30 percent of every addi- stick on a pig. We cannot make it pret- sary of the Sixteenth Amendment and tional dollar earned by a four-person ty. The thing we need to do is change the collection of income taxes by the median income household of $55,000 will it completely. We have talked about Federal government. It is not an anni- go to pay taxes. Individuals and fami- pulling it out by the roots and replac- versary that we really, in my view, lies earning $50,000 and above already ing it. The Senator from Arkansas will ought to celebrate. As a matter of fact, pay 82 percent of total taxes and 91 per- be introducing the Tax Code Elimi- I propose that we mark the occasion by cent of income taxes.’’ nation Act which would sunset the cur- throwing out our existing tax code and The average middle-income taxpayer rent Tax Code as we know it and the starting over from scratch. now has to work until at least May of IRS by January 1 of the year 2003. The Tax Code Termination Act, each year just to meet all the federal, Some people may say that is a little ir- which I am pleased to join with my col- state and local taxes due. responsible because we don’t have a league, Senator TIM HUTCHINSON, and The Tax Foundation has estimated Tax Code system with which to replace others to soon introduce, would accom- that collectively, individuals devote it. plish just that goal. Our bill would sun- close to 2 billion hours to preparing tax We have many ideas. I will be intro- set the by De- returns each year. ducing a fair tax plan that would be ba- cember 31, 2003. It’s no wonder that Americans dis- sically a national sales tax plan. It This year provides a good oppor- like the current tax code. It is unneces- would eliminate all the payroll, the in- tunity for the Senate to reexamine the sarily complex and overly burdensome. Some of my constituents are espe- come tax, the estate tax, the corporate income tax and consider how the tax cially upset about the fact that tax taxes, capital gains tax. It would basi- code has changed. As stated in the Salt revenues last year grew 9 percent, or cally eliminate all of those and replace Lake Tribune of Wednesday, January twice as fast as the economy. Consider them with one simple tax at the point 27, 1999, the income tax is a relatively these comments from a man in Exeter, of sale, a consumption tax. One would new development: New Hampshire: never have to file a tax return again. France had an income tax in 1793 and Brit- I have been reading and hearing about the ain in 1799. With a couple of short-lived ex- We wouldn’t consume those billions of tremendous budget surpluses we can expect ceptions, the United States generally man- dollars worth of hours it takes just to over the next ten years. . . . Where is this aged to get by without one until 1913. An in- comply with the IRS regulations. money coming from and who authorized col- come tax was levied during the Civil War, When people say we are irresponsible lecting it? It seems to me that if the govern- but it was dropped after a few years. Con- because we should have a Tax Code in ment has a surplus it’s because they’re col- gress passed a 2 percent income tax on indi- lecting more than they’re spending. If that’s place before we repeal the code, I al- viduals and business in 1894, but it was ruled the case, why are they collecting more than ways say that Congress loves to spend unconstitutional. The Constitution barred they’re spending? I hope you realize that so much that it would not go 1 day the federal government from levying direct things like this are what disenfranchise taxes except in proportion to population. In without the ability to tax. If we can American citizens from their government. eliminate the Tax Code, Congress will 1913, the 16th Amendment to the Constitu- How did we get to this point? Much work overtime to get a new Tax Code tion changed the rules, and an income tax of the blame lies with Congress. We in place. I think it is something we was instituted. have changed the Federal tax code need to start doing and working on Shortly after the Sixteenth Amend- many times since 1913, turning it into a today. ment was ratified in 1913, Congress Our income tax now has generated passed the first income tax law. The In- tangled cobweb that few can under- not the 1 percent of taxpayers, but over ternal Revenue Service, then an ob- stand. The changes have become more 21 percent of this Nation’s income now scure government agency, enforced the complex and the tax rates have in- goes to taxes. As I referred to earlier, new law and collected the income creased over the years. What can we do about it? We can the Boston Tea Party was over one-half taxes. abolish the existing tax code and of 1 percent. Taxation without rep- Back then, the taxpayers got to keep promptly adopt a new one that adheres resentation led to the tax revolt which most of their earnings. In 1913, the in- come tax rate of 1 percent applied only to some basic rules: built this country. Yet today, we are First, we should have a tax code that to those making over $3,000 per year. taxed at these high rates. is simple and fair. I see my colleague from New Hamp- Those making more than $20,000 paid a Second, our tax code should encour- shire is here. I would like to recognize slightly higher surtax. The highest age savings and investment. The cur- him for any time remaining. rate of seven percent was imposed on rent code distorts investment by cre- The PRESIDING OFFICER. The Sen- all income above $500,000. According to ating incentives for Americans to use ator from New Hampshire. Peter Cleary of Americans for Tax Re- tax loopholes, rather than invest their Mr. SMITH of New Hampshire. How form, in 1994 dollars, the one-percent money in more profitable ways. much time is remaining in morning income tax would apply on all income We should provide greater tax relief business, Mr. President? up to $250,000, while the seven percent to the overburdened American tax- The PRESIDING OFFICER. Under a rate would apply only to income above payers. Tax cuts would provide Amer- previous order, the Senator from Min- $6 million. ican workers with more incentives to nesota has 1 minute remaining, after Few people had to file returns in 1913. produce, because workers would be able which the Senator from Ohio will have Only about 1 in 250 Americans did. to keep more of their earnings. 30 minutes. Moreover, the original Form 1040 was In closing, Mr. President, I want to Mr. SMITH of New Hampshire. Mr. brief and simple. As noted in yester- urge my colleagues to support the Tax President, I ask unanimous consent to day’s Washington Post Magazine, it Code Termination Act. have 5 minutes extending beyond the consisted of just four pages, including Mr. President, I yield the floor. morning business time, no more than 5 one of instructions, and you would Mr. GRAMS. I thank my colleague minutes. have finished calculating your income from New Hampshire for talking about The PRESIDING OFFICER. Is there by Line 7. the creative ways of taxing. This Con- objection? Without objection, the Sen- Since 1913, things have gotten more gress has been so creative in figuring ator is recognized for 5 minutes. than a little out of hand. Consider out new ways to tax; I hope we can be Mr. SMITH of New Hampshire. these statistics: creative in figuring out ways to get rid Thank you very much, Mr. President. I Close to half of all Americans file a of the tax. thank my colleague, Mr. VOINOVICH, for tax return today. Instead of one form, Mr. President, I know we are out of not objecting. there are many. time. I thank you very much. I yield I would like to compliment my col- According to economist J.T. Young, back the remainder of our time. league, the Senator from Minnesota, the average family pays about 25% of The PRESIDING OFFICER. The Sen- for his support on this issue. Mr. Presi- its income in Federal, state and local ator from Ohio.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3831 WE OWE IT TO OUR CHILDREN Then, in 1997, we reported, oh, it is from the Federal Government than we Mr. VOINOVICH. Mr. President, I wonderful news, we had just a minus had when I came into office in 1979. have devoted more than 30 years of my $22 billion deficit. The fact of the mat- In order to make up that difference, life to public service. I have held elect- ter is we had a $103 billion deficit, and first of all we did everything we could ed office as mayor of the city of Cleve- we plastered it over with $81 billion of to reduce costs. In many instances, cit- land, and I served as Governor of the Social Security money. ies across this country had to increase State of Ohio. Now I am privileged to Then, in 1998, we had the great cele- their local income taxes or local taxes serve the citizens of Ohio as one of bration, the great surplus that we by over 50 percent to compensate for their U.S. Senators. I am deeply hon- talked about. The fact of the matter is the loss of these Federal dollars. Much ored by the confidence they have be- that even in 1998, when we reported the to our chagrin, our sacrifice did little stowed upon me. first unified budget surplus, we still to help reduce our annual deficits or They have placed their faith in my had a real deficit of $30 billion. Again, shrink our national debt. Indeed, the ability and my judgment to consider we used the $99 billion Social Security debt was $1.8 trillion in 1985; today it is and vote upon and bring to the fore- budget surplus to hide the fact that we $5.6 trillion. If you go back to when I front issues of national significance. It had a $30 billion deficit. became mayor in 1979, the national is for this reason that I have come to Again, this year, we are reporting we debt was $780 billion; today, 20 years the Senate floor to discuss what I con- will have a $111 billion surplus. The later, it is $5.6 trillion. Listen to this: sider to be the most serious financial fact of the matter is, even this year, we A 700-percent increase in the country’s and economic threat facing our Nation will have a $16 billion deficit; and again national debt in a 20-year period. today. that has been covered over by the using We have a law that says Social Secu- Through the tough choices made by of Social Security. rity trust funds are supposed to be off Congress in passing the 1997 Balanced And for the year 2000—the budget we budget, and we have the Budget En- Budget Act, and through our continued are working on right now—we are re- forcement Act of 1990 that removes So- strong economy, the days of escalating, porting we will have a $133 billion sur- cial Security from deficit targets and crushing budget deficits appear to be plus. The fact of the matter is, even other enforcement calculations. But it coming to an end. In Washington, poli- this year, we are going to have a $5 bil- was another law, the Balanced Budget ticians are saying we have turned the lion deficit on budget. We have covered Act of 1997, that forced tough spending corner, and for the first time in 30 that $5 billion up with $138 billion of choices on Congress and on the admin- years, we have a budget that shows a surplus in the Social Security trust istration, making them live within surplus. fund. their means for the first time in dec- If it is true, it would be brand new And next year we are celebrating the ades. territory for many Americans. Tens of idea that maybe we are going to have I congratulate the Members of Con- millions were not even born yet when our first real honest to goodness on- gress, those who supported the bal- we had our last surplus. However, it is budget surplus of $11 billion. The fact anced budget agreement of 1997. It is my contention that we do not yet have of the matter is—and we will report a this law more than any other that has honest budget surpluses, and unless we unified budget surplus of $156 billion— given us the tools to help us now put take bold steps, our actions will con- but the truth is that we only have a our financial house in order. As a re- tinue to leave our younger citizens and real—real—surplus of $11 billion. sult, we are seeing a decrease in the on- future generations liable for three dec- Rather than attempting to enact budget deficit, we are cutting down on ades of massive deficits and a national policies that would bring us back to spending, people are projecting sur- debt that has made us the greatest surpluses, 30 years of financial gim- pluses, and the Social Security trust debtor nation in the world. micks have ensued, so much that we funds are growing. There is a light at Prior to 1968, surpluses were not un- ran up a debt of $5.6 trillion in those the end of the tunnel. But to get there, common. But through President Lyn- intervening years from the time of we must maintain our discipline and don Johnson’s expansion of the Viet- Lyndon Johnson. Since the time my continue doing those things that will nam war and the implementation of wife and I got married in 1962, interest bring down our debt and honor our the Great Society, we started to lose payments on the debt have gone from 6 commitments to our citizens. fiscal restraint. cents on the dollar to 14 cents on the As this chart shows, if we stick to A budget trick was implemented by dollar this past year. If we had had the our guns, if we honor the caps in the the Johnson administration. It took same 6-percent interest payment when 1997 budget agreement, we might have the off-budget Social Security trust we got married in 1962, Americans an on-budget surplus starting in the funds, which were in true surplus, and would have saved $140 billion this year. year 2001 and a growing surplus there- commingled them with the regular As the debt grew during the 1970s and after. Here is what it looks like: In budget which at that time was showing 1980s, attempts were made to bring it 1999, if we stick to the balanced budget a deficit. In this manner, Congress and under control. In 1985, Congress passed agreement, if we don’t invade the budg- subsequent Presidents were able to the Gramm-Rudman-Hollings Act et caps we have for the first time in 30 mask annual budget deficits that con- which required the unified budget to be years, we can begin the new century by tributed to a rising national debt. split and the Social Security trust having a true, real budget surplus that I would just like to point out, how- funds kept separate. When Gramm- will continue to grow. ever, the years Social Security has Rudman passed, I was encouraged that But along comes the President with masked the true budget deficit that we finally we were going to get some truth his fiscal year 2000 budget and projec- have had and how it has improved our in budgeting. tions for 15 years into the future. In budget situation. At that time, I was mayor of Cleve- one fell swoop, he proposes a continu- If you go back to 1995, we reported land and I was serving as president of ation of the ill-conceived policies that that we had a budget deficit of $164 bil- the National League of Cities. In 1985, got us in trouble in the first place. lion. The fact of the matter is we had the debt was $1.8 trillion. We mayors Under his budget, we still have unified a budget deficit of $226 billion. And felt the need to do our part to help re- budget totals and the President has what we did was we reduced it by using duce the debt. We did our share when proposed to continue to use Social Se- the Social Security surplus of $62 bil- we lost the CETA program, revenue curity to pay for other government lion. sharing, one half of our community de- programs for at least the next 15 years. In 1996, we reported that we had a velopment block grant, and a complete We can’t even show the 5 years beyond deficit of $107 billion. The fact is our loss of the Urban Development Action 2009 because there are no hard numbers budget deficit was $174 billion, and Grant Program. When I left office after from the administration so the Con- again we used Social Security to re- 10 years as mayor of the City of Cleve- gressional Budget Office can make pro- duce that deficit. land, we had $79 million less a year jections. This is not truth in budgeting

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3832 CONGRESSIONAL RECORD—SENATE March 8, 1999 that the American people expect or de- surance to maintain the caps so that How can we ignore the fact that virtually serve, and I think it will lead to disas- we may demonstrate to the American all forecasts of the budget balance have been trous consequences. people that we are serious about the wide of the mark in recent years? This chart shows what will happen if commitment. The Republicans have In a January 1999 report to Congress, we follow the President’s proposal to also—this is really important, folks— the Congressional Budget Office wrote deal with the unified budget. In 1999, committed to restoring truth in budg- that an error on the projection of the we will start developing annual budget eting by ensuring that 100 percent of budget surplus in 2009, and based on deficits that will take us down this Social Security trust funds are pro- previous averages, could be ‘‘equal to crimson path to where we have been for tected and not used for additional 13 percent of projected outlays [and] the last 5 or 6 years. spending or tax cuts. In other words, would produce a swing of $300 billion.’’ Let me point out where we are going: the Social Security trust fund is off, it The Cincinnati Post, in an editorial The red line on the chart is the deficit; is off. We are locking it up. There will on February 10, said: ‘‘There’s one this is the real deficit. Because we have not be any tax reductions or new thing wrong with budget forecasts: had self-discipline, because we are hon- spending with Social Security sur- they are inevitably wrong.’’ oring the budget agreement, we are pluses. Is it prudent to take that kind of risk seeing these red deficit numbers get Third, the President is skirting a with our children’s future? I don’t smaller. If the President’s proposal moral obligation that has been made to think so. If we go along with these four goes into effect, we are going to go our seniors and all future generations points, we will have no credibility with back to the old days. Instead of having to fully preserve the sanctity of the So- the American people. And to regain this scenario at the beginning of the cial Security system. Social Security credibility, we must put an end to the next decade, this scenario will be had is a sacred trust between the Federal game playing and restore truth in under the President’s program. Government and every American. budgeting. Why is this important? First, the That is why I firmly believe we need When we—the Congress and the ad- President says we have a budget sur- to get away from treating Social Secu- ministration—are forced to make the plus in fiscal year 2000. This is simply rity funds as part of the budget and hard choices that we were sent here to not true. If you look at the chart titled wall it off from any temptation to use make, we often try to do what we be- ‘‘Real Budget Surplus,’’ you will see it for purposes other than Social Secu- lieve our constituents want us to do. again that fiscal year 2000 shows a real rity. As I say, we need to ‘‘put it in a However, what they want, I think, is budget deficit of $5 billion. In fact, if lockbox.’’ quite simple; they want us to tell the you look at the chart, we don’t have a The President, on the other hand, truth. They want us to stop using surplus this year—rather, a $16 billion wants to use the Social Security trust smoke and mirrors to say that the Na- deficit. funds to show that he has a budget sur- tion’s financial house is in order. They What the President does is take the plus. As I said, there are billions and want us to give them enough credit to off-budget Social Security trust funds billions of dollars meant for the Social know the distinction between what we and continue to use them to mask the Security trust fund that are supposed do and what we say. The American peo- deficit while saying he is saving Social to be off budget. But he can’t resist ple want us to make the tough choices. Security. It is a fraud. The President’s trying to make those funds a part of Two weeks ago, I was faced with one surplus for this fiscal year, the next the budget so he can mask the size of of those tough choices. The Senate de- fiscal year, in fact, and for 14 fiscal the deficit and use any so-called sur- bated legislation that would expand years after that, continues the gim- plus to pay for his agenda. the pay and retirement benefits of our mick of using the unified budget. It is We have been playing games with So- men and women in uniform. I want you disingenuous. It continues to use bil- cial Security for far too long. Do you to know that there is nobody who sup- lions of dollars of the Social Security know what? It is time to stop. ports our Armed Forces more than I, trust fund to mask the true size of the Under the President’s plan, only 62 and no one believes more than I that budget and allows the President to put percent of the unified surplus would be we should provide as many incentives off making those tough budget deci- devoted to Social Security. In fact, re- as possible to retain these quality sions that we must make. If we allow cently, the head of the Senate Budget troops in our military. this to happen—the tough budget Committee said only 58 percent of the However, we cannot continue to pass choices we have to make today—we are unified surplus is going to be used to legislation without first dealing with in deep trouble. protect Social Security. This rep- its consequences. That bill would have We have a growing economy and we resents an actual decrease from what authorized an increase in our country’s have the lowest unemployment we we would allocate to Social Security if financial liabilities by approximately have seen at any time. If we can’t as a we were to treat it as an off-budget $55 billion over the next 10 years. Be- nation make the tough decisions that item. cause we had no idea how to pay for it we need to make to turn things around This is budgetary sleight of hand, or if it would fall within the budget and to have an on-budget surplus, if we and the President knows it. It is un- caps, I felt it necessary to vote ‘‘no.’’ It can’t do it now, we will never do it. conscionable for him to say that he is was a tough choice, but I felt it was Second, the President not only busts ‘‘protecting and preserving’’ Social Se- necessary. the spending caps agreed upon in the curity, when in reality he is taking When I became mayor of Cleveland, 1997 budget deal, he destroys them. money away from it and using it to pay the city was in default. It was the first These targeted caps are meant to keep for other programs. No matter how city in America to go into default since our spending in check. But even before well intentioned those programs are, it the depression. To get the city out of we debate a budget resolution for the is not the right thing to do. its financial abyss, I had to make coming fiscal year, we learn from Con- Fourth, the President hinges his plan tough choices. As a result of our ac- gressional Budget Office Director Dan on budget surpluses that are calculated tions, we were able to turn the city’s Crippen that the President proposes to far into the future. default into a surplus, and Cleveland increase, or ‘‘blast,’’ the caps by $30 As our Nation’s premier economist, now enjoys an economic renaissance it billion—$30 billion. In fiscal year 2000, Federal Reserve Chairman Alan Green- has not seen in generations. we are supposed to face budget caps span, testified before the Senate Budg- As Governor, I again had to make that will force us to cut $28 billion. It et Committee: hard choices in each and every budget will take tough choices to meet these We cannot confidently project large sur- in order to meet our constitutional ob- caps, but we must show restraint if we pluses in our unified budget over the next 15 ligation to balance our budget. When I are ever to bring our finances in order. years, given the inherent uncertainties of became Governor of Ohio in 1991, our This is why I am pleased that the Re- budget forecasting. State faced an over $1 billion budget publican leadership has given their as- Greenspan goes on to say: deficit. In order to balance the budget,

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3833 I had to make four cuts over 2 years to- they had nothing to do with during curity system. In order to honor the taling $711 million. I was picketed by their time of growing up. contract we entered into with these in- college students—5,000 of them outside I want you to know that this isn’t dividuals, it is our obligation to ensure the State House, who were told by the just my opinion about paying down the that we have the necessary funds. university people that I was cutting debt. It is the opinion of experts like A unified budget surplus raids the higher education and their tuition Federal Reserve Chairman Alan Green- ‘‘offbudget’’ Social Security funds and costs were going to go up. And I was span, CBO Director Dan Crippen, and replaces them with hundreds of billions picketed, at the same time, by welfare GAO Comptroller David Walker. They of dollars worth of IOU’s for our chil- recipients who marched on the capitol agree that it is the best use of these dren and grandchildren. This is not the because we cut out general assistance funds—pay down the national debt. legacy we should leave. for able-bodied people. But we had to Not only is it a moral obligation, but We are bankrupting the futures of get our financial house in order. Some- this course of action makes great eco- generations yet unborn because we body had to make the tough decisions. nomic sense for four reasons. I think have a hard time saying no. Well, it is As a result, today Ohio is spending a this is really important because a lot time to start owning-up to our obliga- record amount of money on programs of people say: ‘‘Reduce the taxes’’ and tions and meeting our responsibilities, to help children. In addition, we have ‘‘This is really going to be the thing because ladies and gentlemen, Social been able to cut State income taxes for that is going to make a big difference.’’ Security is a sacred trust. 3 straight years, including an almost I say: Reduce the deficit, bring it down, Unfortunately, too many people have 10-percent across-the-board tax cut this and here are the reasons why. become cynical that we don’t have a year. In other words, when the tax- First of all, it will decrease the over- commitment to Social Security. For payers of Ohio, this year, file their 1998 all interest paid on the debt, and that example, citizens like my son, returns, their income tax will be al- is important because paying off the George—people in their 20’s, their 30’s most 10 percent less than it would have debt lowers the interest. When you and even their 40’s—don’t ever expect been without our good management. lower the interest, what do you do? to see a dime of Social Security in Ohio has a general revenue rainy day You lower the cost of Government, and their lifetime. fund of over $935 million and a Med- that makes more money available for What they know is that Uncle Sam icaid rainy day fund of $100 million, so other purposes. has been taking money out of one in the future we can avoid deep cuts in No. 2, Alan Greenspan will tell you pocket via payroll taxes, and taking vital services or tax increases just in that it helps allow the economy to ex- money out of the other pocket via in- case there is a downturn in the econ- pand. come taxes and the Government just omy. Ohio is in better shape today be- No. 3, it lowers the interest rate for puts it all together and uses it for what cause we were able to make the hard individual citizens, which is a big deal. it wants. choices. According to Alan Greenspan, it lets They’ve been told that their money Every day, millions of Americans people afford to buy homes or refinance is ‘‘in there’’ for them when they re- have to make hard spending choices, their mortgages, and it puts real tire, but when Congress and the Ad- too. They have to pay their bills, pay money into the pockets of tens of mil- ministration play shell games with the their mortgages, put food on the table, lions of Americans. trust funds, no one believes it. and buy clothes for their children. Just think about it. As we got our It is a sad commentary that there is They have budgets and they know they house in order and interest rates came such little faith in the promises made have to live within their means. Unlike down, think of the millions of Ameri- by our government. However, this cyni- the administration, when most people cans who have refinanced their homes, cism is given credence when we con- have extra money, they don’t go out and those who are able to buy auto- tinue to use Social Security trust and start to spend it wildly. They tend mobiles today because interest rates funds to hide our excesses. to their finances, they save, they pay are down. If we bring the national debt I firmly believe that it is our moral off their credit cards and loans, and down and don’t follow what the Presi- obligation to honor the commitments they invest in homes and businesses. dent wants to do, to use the unified we have made to our citizens on Social That brings us back to what we surplus, we will keep those interest Security, instill truth-in-budgeting, would do with whatever on-budget sur- rates down. That is real money in your clean up the financial messes we have plus we achieve. What are we going to pocket. made and provide for all of the genera- do with it if we get it? The first thing Last but not least, paying down the tions that follow, a nation that is bet- is, I will believe it when I see it. I am debt lowers the amount of taxes the ter than we received. a ‘‘doubting Thomas’’ about whether Government would need from the Behind my desk on my computer, I we really will see it. But if we do get American people, according to the have a screen-saver picture of my 2- an on-budget surplus, what we need to Business Roundtable. year-old granddaughter, Mary Faith. do is be wise and leave it alone. Why Using only on-budget surplus funds She is the joy of our lives. She is a the rush to spend it? Why the rush to for debt reduction prevents us from wonderful little girl. We have lots of lower taxes? We don’t even know if we making false promises to the American hope and promise for her. But she has have it. If we do get it, we should leave people. One of the biggest assumptions no idea the decisions we are making it alone and give it a chance to accu- associated with the treatment of sur- now are going to affect her financial mulate. plus funds is an indefinite continuation future. And those decisions are being If we cannot guarantee—and we can- of our current period of economic made by her grandfather, other Mem- not—that we are going to have an on- growth. bers of the Senate and Congress and budget surplus, then we have no right Blending that assumption with the the administration. to start committing dollars that we use of a unified budget surplus is a She has no idea that on the day she don’t have. volatile mix since no one can predict was born—Mary Faith was born on De- If and when we get an on-budget, or how long this period of growth will cember 29, 1996—she immediately be- ‘‘real,’’ surplus, it is our moral obliga- last. Optimistic surplus estimates came responsible for a whopping tion to our children to pay them back could fluctuate wildly over the next $187,000 bill from the Federal Govern- by using any such surplus to pay down few years, with unknown consequences. ment on interest that she is going to our current debt. We have stuck these As most of my colleagues know, have to pay over her lifetime. And that pages who are standing in front of me within ten years, the ‘‘baby-boomers’’ is on a debt her grandfather’s genera- with a big bill. We have an obligation will start to become eligible for Social tion ran up for our own benefit. to pay that debt down so part of the in- Security and the sheer size of their I prefer the picture of Mary Faith on come taxes they pay in the future numbers will present a challenge to my screen saver, this picture right aren’t to pay off the interest on debts maintain the viability of the Social Se- here, which says ‘‘Sentenced to

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3834 CONGRESSIONAL RECORD—SENATE March 8, 1999 Repay.’’ That is the next generation of Mr. GRASSLEY. Mr. President, I ask The second reason we need this legis- Americans—‘‘Sentence to Repay’’ the unanimous consent that the order for lation is because it is clear that regula- debt we didn’t have the guts to pay for the quorum call be rescinded. tion and enforcement alone will not during our lifetime. The PRESIDING OFFICER. Without work. Incentives are needed as well. Any day this week Mary Faith is objection, it is so ordered. The reason that it is so tough to en- going to have a new brother or sister. Mr. GRASSLEY. I ask unanimous force child labor standards is that it is And, Mr. President, we are actually ex- consent to speak for about 5 minutes. often very difficult to trace specific pecting her brother or sister on Friday The PRESIDING OFFICER. The Sen- products to specific plants in specific of this week, and I want to let you ator is recognized. countries. The Department of Labor’s know that for sure I will not be here if f Bureau of International Labor Affairs we have any rollcall votes on Friday. says that quantifying the extent of THE INTERNATIONAL CHILD While nothing can surpass the joy child labor in a particular country’s ex- WELFARE PROTECTION ACT our family will feel on this special day, port industry ‘‘can seldom be done with I can’t help but think that like my Mr. GRASSLEY. Mr. President, last specificity.’’ If you can’t even trace the granddaughter, Mary Faith, he or she Friday, on behalf of Senator BOB goods or services with certainty, you is going to receive a bill from this Gov- KERREY and myself, I introduced legis- can’t expect enforcement alone to be ernment for the interest on the debt lation that will chart a new United the answer. Hence the incentives that that he or she had nothing to do with. States approach to the terrible prob- are in our legislation. And that bill is going to be even larger lem of child exploitation in overseas Finally, we need this legislation be- than the one we gave to Mary Faith 2 labor markets. cause even though the ILO Minimum years ago. This legislation, S. 553, the Inter- Age Convention was adopted in 1973, We have been reaping all the benefits national Child Welfare Protection Act, only 21 developing country member and putting the future of all our chil- will target new, additional trade bene- states out of 173 ILO member states dren and grandchildren in jeopardy fits to countries that comply with the have ratified the Convention to stop through a ‘‘we buy now, you pay later’’ provisions of the International Labor child labor. Out of the 21 developing philosophy. I cannot convey how wrong Organization’s Convention No. 138 con- country member states that have rati- I think it is to saddle them with such cerning the minimum age for admis- fied the Convention, none is from Asia, an excessive financial burden that we sion to employment, also known as the where over half of all working children now, this Congress, have the ability to Minimum Age Convention. are to be found. If even one additional correct. The aim of the Minimum Age Con- ILO member state ratifies the Conven- That is why I feel debt repayment is vention is to abolish child labor tion because of the trade incentives the wisest use of any on-budget sur- throughout the world by establishing a this legislation offers, we will have plus. It is plain common sense, and it minimum age at which children may be achieved a great deal. I am on the floor today stating again would be the greatest gift we could employed. what is obvious but also to remind my ever give to our future generations. Our legislation will do two things: colleagues, with the introduction of Mr. President, each year, on the an- It will give the President the author- this bill by Senator KERREY of Ne- niversary of President George Washing- ity to grant a country that complies braska and myself on Friday, you have ton’s birthday, a U.S. Senator is given with the Minimum Age Convention up an opportunity to cosponsor this bill, the privilege of reading Washington’s to a 50-percent tariff rate cut on items and I hope you will do so. I hope then Farewell Address on the floor of this produced in that country that would that we have results from legislation Senate. It is a tradition that dates not otherwise be eligible for pref- which we have already on the books to back nearly 100 years. This year, I had erential tariff rates. enforce regulation, but we also have re- the distinct honor to read this wonder- It will also permit the President to sults from these efforts that are pre- ful document, the first Ohioan who has waive current limitations on the sented in our legislation for a more had the privilege of reading that fare- amounts of additional goods that coun- market-oriented approach to helping well address since Bob Taft gave it tries complying with the Minimum Age solve this bad economic situation of back in 1939, 60 years ago. Convention may export to the United States. very young child labor. As I prepared for the speech and I I ask unanimous consent that S. 553 read through his words, Washington’s In the unlikely event the President be printed in the RECORD. words, I was particularly taken by the finds that domestic industries are hurt because of these special, targeted trade There being no objection, the bill was relevance today of one of President ordered to be printed in the RECORD, as Washington’s admonitions to a young benefits, the President also has the au- thority to suspend, limit, or withdraw follows: United States of America. Here is what S. 553 he said 200 years ago. the benefits. This legislation is important for Be it enacted by the Senate and House of Rep- [avoid] the accumulation of debt, not only three reasons. resentatives of the United States of America in by shunning occasions of expense, but by vig- Congress assembled, First, it is a tragic fact that child orous exertions in time of peace to discharge SECTION 1. SHORT TITLE. the debts which unavoidable wars may have labor is rampant in many places in the This Act may be cited as the ‘‘Inter- occasioned, not ungenerously throwing upon world, despite more laws aimed at stop- national Child Welfare Protection Act’’. posterity the burden which we ourselves ping this inhumane practice. Inter- SEC. 2. ADDITIONAL BENEFITS FOR CERTAIN ought to bear. national Labor Organization statistics BENEFICIARY COUNTRIES. Those were very, very wise words of show that between 100 and 200 million (a) IN GENERAL.—Section 503(a)(1) of the President Washington, and they ring children worldwide are engaged in pro- Trade Act of 1974 (19 U.S.C. 2463(a)(1)) is true today as well as they rang true viding goods and services. Ninety-five amended by adding at the end the following new subparagraph: during his day. I believe it is our duty percent of these children, according to ‘‘(D) ADDITIONAL BENEFITS FOR ILO ELIGIBLE to heed them. We owe that to all our the ILO, work in developing countries. BENEFICIARY COUNTRIES.—Notwithstanding Nation’s children and our grand- Why are children pressed into service any other provision of this title, the Presi- children. as low-paid or unpaid workers? Be- dent may proclaim a rate of duty that is Thank you, Mr. President. cause, according to the ILO, children equal to 50 percent of the rate of duty that Mr. President, I suggest the absence are ‘‘generally less demanding, more would otherwise apply under this title with of a quorum. obedient, and less likely to object to respect to any article referred to in sub- The PRESIDING OFFICER (Mr. their treatment or conditions of section (b)(1) (A), (C), (E), (F), or (G), if the article is an article originating in an ILO eli- KYL). The clerk will call the roll. work.’’ It is very obvious that we must gible beneficiary country. The bill clerk proceeded to call the all do what we can to stop this uncon- (b) WAIVER OF COMPETITIVE NEED LIMITA- roll. scionable practice. TION.—Section 503(c)(2)(D) of such Act (19

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3835 U.S.C. 2463(c)(2)(D)) is amended to read as EDUCATION FLEXIBILITY cause our school boards right now are follows: PARTNERSHIP ACT putting their budgets together. They ‘‘(D) LEAST-DEVELOPED BENEFICIARY DEVEL- Mrs. MURRAY. Mr. President, in a are determining what kind of money OPING COUNTRY; ILO ELIGIBLE BENEFICIARY they will have. COUNTRY.—Subparagraph (A) shall not apply short while we will begin the debate to any least-developed beneficiary devel- again on the Ed-Flex bill that has been They want to know, is this real or is oping country or any beneficiary developing on the floor for the last several weeks. this not, because they begin right now country that is an ILO eligible beneficiary It is a bipartisan bill. Democrats and the process of hiring teachers to begin country.’’. Republicans alike are supporting this next fall. They do not want to hire a (c) WITHDRAWAL, SUSPENSION, OR LIMITA- bill. It is a simple bill, essentially, that teacher, find out we did not really TION OF ADDITIONAL BENEFITS.—Section 503 will allow some of our school districts mean it last October, and make that of such Act (19 U.S.C. 2463) is amended by commitment. They want to know adding at the end the following new sub- to be more flexible with their edu- section: cation dollars; for the liability for whether we stand there ready, con- ‘‘(g) WITHDRAWAL, SUSPENSION, OR LIMITA- some of the waivers to be transferred firmed, and committed to this process. TION OF ADDITIONAL BENEFITS.— from the Department of Education di- That is why it is so critical that we go ‘‘(1) IN GENERAL.—Notwithstanding any rectly to the Governors, so the Gov- on the record now with the class size other provision of law, the President may ernors in our States can provide some authorization bill. withdraw, suspend, or limit the designation of the waivers based on some specific I hope to offer that today. I am look- of any country as an ILO eligible beneficiary clauses that are in the bill. Essentially, ing forward to working with my Repub- country for purposes of the benefits de- lican colleagues, again, in a bipartisan scribed in subsection (a)(1)(D) if the Presi- it is a matter of paperwork being dent determines that— moved from the Nation’s Capital to the effort to let our school boards know we ‘‘(A) the country no longer meets the cri- Governors’ desks. It is a bill, again, are with them in this critical process. teria set forth in section 507(6); or that is supported broadly. We will obviously have other times to ‘‘(B) imports of the article to which such I have come to the floor numerous talk about this, certainly in the appro- additional benefits have been granted have times over the last week to talk about priations committees, as we did last increased in such amounts as to cause, or an amendment which I hope to offer year. I know we will have a big discus- threaten to cause, injury to a domestic in- today regarding class size reduction. A sion on it in the budget. It is extremely dustry producing an article like or directly year ago, the President talked about important that we make this kind of competitive with the article. ‘‘(2) EFFECTIVE DATE OF WITHDRAWAL, ETC.; the most important goal in education, commitment now. ADVICE TO CONGRESS.— one of the most important goals we I have heard my colleagues from the ‘‘(A) EFFECTIVE DATE.—A country shall have—that of reducing class size in Republican side say that Ed-Flex needs cease to be an ILO eligible beneficiary coun- grades 1 through 3. Studies have shown to go cleanly right now, because it is try on the day on which the President issues us consistently that reducing class size bipartisan and because it is timely. an Executive order or Presidential proclama- in those grades makes a tremendous The same goes for class size reduction. tion revoking the designation of such coun- difference in the learning of young It is timely, so school boards can make try under this title. children—in their math, reading, lan- those commitments, and it is bipar- ‘‘(B) ADVICE TO CONGRESS.—The President shall, as necessary, advise Congress on the guage scores, and in their ability to go tisan, if we all believed what we said application of subsection (a)(1)(D) and the on to college. It improves discipline and how we voted last October. actions the President has taken to withdraw, problems, as shown by numerous stud- I really hope I can work with my Re- to suspend, or to limit the application of ies that I, again, hope to be able to publican colleagues to, again, put this preferential treatment with respect to any talk about once my amendment comes amendment up this afternoon or when- country which has failed to adequately meet to the floor. ever the majority leader agrees, have a the criteria described in section 507(6).’’. We talked about this amendment all time commitment to it. I am willing to (d) DEFINITIONS.—Section 507 of such Act last year during the session. Then, in a negotiate that. If it can be done quick- (19 U.S.C. 2467) is amended by adding at the end the following: bipartisan bill last October, in the ly, that is fine by me. We need to have ‘‘(6) ILO ELIGIBLE BENEFICIARY COUNTRY.— budget process we passed the beginning an up-or-down vote on this amend- The term ‘ILO eligible beneficiary country’ phase of reducing class size and began ment, and we need to do it as quickly means a least-developed beneficiary devel- a commitment to this country that we as possible. oping country or a beneficiary developing would help our schools across this I, too, want the Ed-Flex bill to pass. country that— country begin to reduce class sizes in This is an amendment I think is crit- ‘‘(A) the President determines, after con- grades 1 through 3, where it makes a ical and important and timely, and I sultation with the Secretary of Labor, is im- difference. It was a bipartisan effort hope to work with my Republican col- plementing and enforcing the provisions of Convention No. 138 of the General Conference last year. It should be a bipartisan ef- leagues to make sure it happens today. of the International Labor Organization; and fort this year. I am looking forward to our discussion, ‘‘(B) has requested the additional benefits This is a critical issue right now in which will begin in about a half hour. described in section 503(a)(1)(D). this country, today, where school I hope to offer my amendment and to ‘‘(7) ARTICLE ORIGINATING IN AN ILO ELIGI- boards across our country are looking work with all of our colleagues on the BLE BENEFICIARY COUNTRY.—An article is an for whether or not we just made some floor to send a message that we do be- article originating in an ILO eligible bene- kind of political offering last October, lieve in this U.S. Senate that reducing ficiary country if the article meets the rules right before the elections, or whether class size in 1 through 3 is a commit- of origin for an article set forth in section we really meant it when we said we 503(a)(2), except that in applying section ment we can and should make. 503(a)(2), any reference to a beneficiary de- were going to join with our schools f across this country in this commit- veloping country shall be deemed to refer to KNOW-YOUR-CUSTOMER an ILO eligible beneficiary country.’’. ment to reduce class size. AMENDMENT Mr. GRASSLEY. Mr. President, I It is extremely timely that this Sen- yield the floor and suggest the absence ate go on record right now with a com- Mr. LEVIN. Mr. President, on Friday, of a quorum. mitment to our school districts, to let an amendment was offered to the Ed- The PRESIDING OFFICER. The them know that we are there for them, Flex bill to block implementation of clerk will call the roll. that this wasn’t just a fly-by-night po- certain regulations which the banking The bill clerk proceeded to call the litical operation in October, it was a regulators had proposed for financial roll. commitment from us at the Federal institutions to establish Know-Your- Mrs. MURRAY. Mr. President, I ask level to work hand in hand with Customer programs. That amendment unanimous consent that the order for schools across this country to begin to is still pending before the Senate. On the quorum call be rescinded. reduce class size. My amendment will Friday, my colleague from the Banking The PRESIDING OFFICER. Without authorize this program for the next 6 Committee, Senator SARBANES, made a objection, it is so ordered. years. It is extremely important, be- number of thoughtful comments about

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3836 CONGRESSIONAL RECORD—SENATE March 8, 1999 the pending amendment. Today, I stitutions from unwittingly helping that savings account. Should the bank would like I to express some concerns criminals to launder illegal proceeds. report that $3,000 deposit to law en- about it as well. Ten or twenty years ago, if an indi- forcement? To me, the answer is obvi- First, like Senator SARBANES, I am vidual walked into a U.S. bank with a ously no. That type of report would un- struck by the irony of dealing with an million dollars stuffed into a duffel bag reasonably invade the customer’s pri- amendment that addresses banking and asked the bank to wire the money vacy, as well as be a waste of time for issues wholly unrelated to education, to an offshore account in a foreign law enforcement. at the same time Democrats are being country, most banks would have done Surely, we can design regulations denied an opportunity to offer amend- so with few or no questions asked. And that distinguish between these two ex- ments on educational issues much the bank would have collected a nice amples. At a minimum, different rules more relevant to the Ed-Flex bill be- fee for arranging the wire transfer. should apply to customers holding as- fore us. But that was before the United sets or conducting transactions below a Be that as it may, this banking issue States embarked upon a world-wide, in- specified threshold. We already do that has been put before us. And like all of tensive effort to educate banks and for- with currency transaction reports, and my colleagues, I voted on Friday eign governments about the benefits of the same could and should be done with against tabling the pending amend- battling crime by stopping money know-your-customer programs. Addi- ment. I voted against tabling, because laundering. The goals are to make tional privacy protections should be I think the amendment properly criti- banks wary of moving funds for crimi- provided to prohibit banks from using cizes the proposed regulations for fail- nals, to seize illegal funds in the bank- know-your-customer data for purposes ing to protect ordinary law-abiding ing system, and to put money other than law enforcement, such as to citizens from possibly unreasonable launderers in jail and out of business. sell products to the customer or sell and invasive scrutiny by their financial Congress has played a key role in the the customer’s personal data to third institutions. advancement of this law enforcement parties. At the same time, my vote against strategy. For example, the sub- I do not support the current know- tabling was not a general endorsement committee on which I am the ranking your-customer proposals, because they of the amendment. To the contrary, minority member, the Permanent Sub- do not include these and other privacy like the proposed regulations it criti- committee on Investigations, held protections. cizes, the amendment is not drafted as landmark hearings 15 years ago on how Unfortunately, the amendment be- carefully as it should be. criminals were using financial institu- fore the Senate, in its zeal to condemn The first part of the amendment pro- tions in the United States to launder the proposed regulations, goes too far. hibits the banking agencies from pub- their funds. The House and Senate The first section, which prohibits the lishing ‘‘in final form’’ the flawed regu- Banking Committees have held numer- banking agencies from finalizing the lations proposed in December. I sup- ous hearings over the years outlining regulations as proposed in December, is port that prohibition. But the second the problem and proposing legislation fine. But the second section, which also part of the amendment goes much far- to detect and stop money laundering. prohibits them from publishing ‘‘sub- ther. It also prohibits the banking In the last Congress, the House Bank- stantially similar’’ regulations, is am- agencies from proposing any regulation ing Committee held a series of hearings biguous and troubling. ‘‘which is substantially similar to’’ the and the Congress passed H.R. 1756, the It is my hope that the supporters of proposals condemned in the first part. Money Laundering and Financial the amendment do not intend to re- The question is what ‘‘substantially Crimes Strategy Act. In this Congress, verse the gains of the last twenty years similar’’ means. the leading crime bill proposed by the and free banks of any obligation to If it means that the banking agencies majority, S. 5, the Drug-Free Century know who their customers are. It is my should not propose know-your-cus- Act, contains an entire title devoted to hope that their intent is to protect or- tomer regulations without including ‘‘money laundering deterrence.’’ Still dinary law-abiding customers, but to adequate privacy protections, that is another bill, H.R. 4005, the Money keep the heat on money launderers by fine. But if means that the agencies Laundering Deterrence Act of 1998, maintaining longstanding require- may not propose any know-your-cus- which passed the House by voice vote ments that banks ask appropriate tomer regulations, no matter how fine- last year but was not brought before questions. It is my hope that their in- ly tuned and protective of privacy, the Senate actually directed the bank- tent to require the agencies to correct then the amendment is a serious mis- ing agencies to propose know-your-cus- the flaws in the proposed regulations, take. If it means that agencies are not tomer regulations within 120 days. but not block all know-your-customer only prohibited from issuing regula- That’s because virtually all money- regulations no matter how narrowly or tions but should also start dismantling laundering experts will tell you that carefully drawn. their existing know-your-customer know-your-customer programs are one The pending amendment could easily practices, the amendment is a disaster. of the most important tools financial be clarified. However, given the current I say that because know-your-cus- institutions have to prevent money parliamentary situation, it is not clear tomer programs are today a key part of laundering. Two examples explain why that anyone will be permitted to offer law enforcement efforts to stop money as well as illustrate how a sensible idea the additional language. If no clarifica- laundering. Virtually all major finan- can be pushed too far. tion is provided, I want the record to cial institutions operating in the First, suppose a stranger walks into show that my support for the amend- United States today have well devel- a bank with a million dollars in small ment is based on the understanding oped know-your-customer programs, bills and asks the bank to wire the that the amendment’s ban on ‘‘sub- and U.S. bank examiners already rou- cash to a foreign bank account. Should stantially similar’’ regulations is a ban tinely test the adequacy and effective- the bank wire the money and then, on know-your-customer regulations ness of these programs. For example, after the customer is gone, report the that lack adequate privacy protections existing examination procedures test- transaction to law enforcement, or for ordinary, law abiding individuals. It ing bank compliance with the most im- should the bank first determine who is not a ban on all future know-your- portant anti-money laundering statute the customer is and, if not satisfied, customer regulations, no matter how on the books, the Bank Secrecy Act, decline to transfer the money? To me, carefully drafted. already spell out the elements of an the answer is clear that the bank Financial privacy is an important adequate know-your-customer program should determine who the customer is issue. It needs to be addressed. Senator and test that program as part of its before moving any money. SARBANES is working on a comprehen- ‘‘core analysis.’’ Second example. Suppose a longtime sive financial privacy bill that I hope The purpose of these know-your-cus- customer of the bank with a modest this body is given an opportunity to tomer programs is to stop financial in- savings account deposits $3,000 into consider. It is unfortunate that we are

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3837 being asked to address an important the greatest men to serve in Congress as a man that despite his many accom- aspect of the financial privacy debate in the twentieth century, Morris ‘‘Mo’’ plishments, he never took himself too in such a rushed and inappropriate con- Udall from Arizona. Yesterday, I was seriously. text. Which brings me back to Senator proud to sign the resolution honoring Today I am honored to pay my re- SARBANES’ original question about why him, and I would like to pay tribute to spects to my friend Mo Udall, whose we are adding banking amendments to him now. legacy of public service and bipartisan an education bill instead of the edu- Mo Udall was a giant. For thirty achievement will be remembered for cation amendments America wants and years, he straddled politics in Arizona many lifetimes. needs. and America. He was a statesman as f well as a legislator, and an intellectual f as well as a politician. Although Mo be- TRIBUTE TO CHARLES PAONE OF CONGRATULATIONS TO JOHN Q. lieved passionately in many causes and REVERE, MASSACHUSETTS HAMMONS ON HIS 80TH BIRTHDAY was a Democrat through and through, Mr. KENNEDY. Mr. President, next Mr. ASHCROFT. Mr. President, I rise his wit and warmth helped him forge week, on March 17th, St. Patrick’s today to encourage my colleagues to many productive, bipartisan relation- Day, one of Revere, Massachusetts’ fin- join me in congratulating Mr. John Q. ships with his colleagues across the est sons, Charles Paone, will celebrate Hammons of Springfield, Missouri, who aisle. Mo’s intelligence, commitment, his 90th birthday. Charlie, as he is celebrated his 80th birthday on Feb- and personal touch helped him create a known by his many friends, has spent ruary 24, 1999. John is truly a remark- legislative legacy that still shines most of his life in his hometown of Re- able individual. He has witnessed many bright today, almost forty years since vere. He graduated from Immaculate events that have shaped Springfield. In he entered the House of Representa- Conception High School in 1927, and fact, John has contributed signifi- tives. went on to Georgetown University, cantly to the growth and spirit of As everyone who follows public af- graduating in 1931. After college, Char- Springfield through his donations to fairs knows, Mo Udall hailed from a lie returned to Massachusetts and at- construct and improve such places as family with a rich tradition in politics tended Boston College Law School, re- schools, hospitals, and theaters. His and public service. His ancestors were ceiving his law degree from that out- generosity and personal participation pioneers who helped transform the Ari- standing college in 1935. in the life of the community have bene- zona Territory into a great state. Mo Charlie was inducted into the Army fitted us all. entered Congress after winning a spe- in 1942, where he served with distinc- Mr. Hammons’ celebration of 80 years cial election in 1961 to replace his tion in the 209th Counter Intelligence of life is a testament to me and all Mis- brother, Stewart, whom President Ken- Corps. He’s been a member of the sourians. His achievements are signifi- nedy had tapped to head the Depart- American Legion for more than 50 cant and deserve to be recognized on ment of the Interior. years, and he’s been very active in his this special occasion. I would like to Today, the Udall name continues to post. He has also been a member of the join his many friends and relatives in resonate in Congress. Mo’s son, MARK, Knights of Columbus for more than 60 wishing him good health and happiness and his nephew, TOM, both were elected years, and is a past Grand Knight. In in the future. to the House in 1998. I know they will 1981 he retired from the Revere Public carry on the great tradition of public School System after four decades of f service and Congressional achievement outstanding service. THE VERY BAD DEBT BOXSCORE set by their fathers. Charlie is loved by his family and Mo was such a modest and easy-going friends as a wonderful role model who Mr. HELMS. Mr. President, at the man that one sometimes overlooks the is always willing to go the extra mile close of business Friday, March 5, 1999, enormity of his legislative record. for those in need, whether it’s helping the federal debt stood at After rising to the chairmanship of the someone with their taxes or providing $5,652,546,580,761.78 (Five trillion, six Committee on Interior and Insular Af- a ride to the local store for groceries. hundred fifty-two billion, five hundred fairs, a position he held until his re- And, of course, all of us in the Senate forty-six million, five hundred eighty tirement in 1991, Mo wrote much of the know Charlie’s nephew Marty, who thousand, seven hundred sixty-one dol- nation’s most important environ- does an excellent job as our Secretary lars and seventy-eight cents). mental legislation. He pushed through for the Minority. One year ago, March 5, 1998, the fed- important regulations concerning land, In many ways, our country is great eral debt stood at $5,528,530,000,000 water, mineral, and timber use. Mo today because of Americans like Char- (Five trillion, five hundred twenty- also helped reform America’s postal lie of the World War II generation. eight billion, five hundred thirty mil- system and our campaign finance laws, They served their country far above lion). and he was instrumental in reforming and beyond the call of duty in the war, Fifteen years ago, March 5, 1984, the the seniority system in Congress. and they came back from the war to re- federal debt stood at $1,473,914,000,000 In addition to being a great legis- build the nation on the home front and (One trillion, four hundred seventy- lator, Mo Udall was a great man. He make America the great country it is three billion, nine hundred fourteen bridged divisions and always sought to today. Tom Brokaw, in his current million). bring people together to work for the number one best-seller, calls them Twenty-five years ago, March 5, 1974, good of the country. ‘‘The Greatest Generation,’’ and it’s the federal debt stood at $468,399,000,000 Like many of my colleagues, I be- leaders like Charlie that he’s writing (Four hundred sixty-eight billion, three lieve Mo’s wit and self-deprecating about. hundred ninety-nine million) which re- manner were largely responsible for his It’s a privilege to join Charlie’s fam- flects a debt increase of more than $5 successes. Perhaps the best way to il- ily and friends in wishing him a very trillion—$5,184,147,580,761.78 (Five tril- lustrate his humor is to relate a joke happy 90th birthday and a very happy lion, one hundred eighty-four billion, he loved to tell about one of his cam- St. Patrick’s Day, and to commend one hundred forty-seven million, five paign visits to New Hampshire during him for all that he has done for his hundred eighty thousand, seven hun- his 1996 Presidential race. At one stop, family, his friends, his community, and dred sixty-one dollars and seventy- Mo approached a group of men to tell our country. eight cents) during the past 25 years. them he was running for President, f f only to be told, ‘‘Yes, we were just laughing about that.’’ BENJAMIN H. HARDY, JR. MORRIS K. UDALL Mr. President, if ever a public serv- Mr. COVERDELL. Mr. President, I Mr. HOLLINGS. Mr. President, yes- ant deserved to be taken seriously, it am honored to rise this morning to pay terday this body paid tribute to one of was Mo Udall. It is a sign of his stature tribute to a distinguished American

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3838 CONGRESSIONAL RECORD—SENATE March 8, 1999 and a great Georgia visionary. 50 years honor to recognize this distinguished Mr. JEFFORDS. Mr. President, we ago, Benjamin H. Hardy, Jr., was one of American from Georgia and to inform are again back with the Ed-Flex bill, the primary architects of a new foreign my colleagues of his proud heritage. which is a bill, as everybody knows, policy initiative that became known as Thank you. that would merely attempt to make it President Truman’s ‘‘Point Four,’’ a f easier for States to be able to utilize program of technical assistance to help regulations to their advantage by being the people of developing nations. This PERSONAL EXPLANATION able to waive them for communities or bold and revolutionary program be- Mr. CONRAD. Mr. President, on Fri- school systems within their jurisdic- came an important tenant of American day, March 5, I was necessarily absent tion. This has been used successfully foreign policy, helping people around in order to join Secretary of Energy by 12 States now—6 originally, and the world improve their lives. Richardson in Bismarck for meetings then another 6. It has demonstrated Mr. Hardy was a distinguished stu- with representatives of North Dakota that there are problems in the present dent at the University of Georgia, energy industries and to meet with the system which make it impossible to graduating with a BA in journalism in Governor and other State officials take care of very, very minute dif- 1928. After graduation, he worked as a about water resources. Had I been ferences in schools in order to get them journalist and later as a public affairs present for rollcall vote No. 33 on S. to be able to have the flexibility for the officer for the Departments of Defense 280, to table the Graham amendment utilization of the title I funds. and State. His service at the Depart- which would have prohibited the imple- We are also facing, apparently, a fili- ment of State required him to draft the mentation of the ‘‘Know Your Cus- buster. Therefore, we will have a clo- foreign policy portion of President Tru- tomer’’ regulation by Federal banking ture vote at 5 o’clock this afternoon. It man’s 1949 inaugural address. The ad- agencies, I would have voted ‘‘nay.’’ is my hope that we can proceed perhaps dress cited four basic points of Amer- Mr. President, I yield the floor, and I on to another amendment, and then we ican foreign policy: (1) Support for the suggest the absence of a quorum. will be able to make some progress on United Nations; (2) continuation of the The PRESIDING OFFICER. The this bill. Marshall Plan; (3) military cooperation clerk will call the roll. This is our fourth day on the Ed-Flex with Western allies; and (4) a ‘‘bold new The bill clerk proceeded to call the bill. This bill, which is supported by program’’ of technical assistance to roll. the administration and all 50 Gov- people in developing nations. This last Mr. JEFFORDS. Mr. President, I ask ernors, has broad bipartisan support in point was based on what Mr. Hardy had unanimous consent that the order for both the Senate and in the House. I seen of the economic needs in South the quorum call be rescinded. urged my colleagues last week to limit America during World War II. Accord- The PRESIDING OFFICER. Without their amendments to the bill before us. ing to some accounts, he included it in objection, it is so ordered. As we have shown, we are perfectly the draft of President Truman’s speech Mr. JEFFORDS. Mr. President, what willing to work with the limited issues at considerable risk to his own career. is the pending business? raised by the Ed-Flex bill. But it was the last concept, point As my colleagues know, later this four, which received widespread ac- f year we will be considering the statute claim and that, in time, became a CONCLUSION OF MORNING that governs the K-through-12 edu- major component of American foreign BUSINESS cational programs, the Elementary and policy. In 1950, this ‘‘Point Four’’ pol- Secondary Education Act, and that is The PRESIDING OFFICER. Morning icy was approved by Congress in the where the debate on these larger ques- business is closed. form of a mandate to create the Tech- tions should take place. I say this not nical Cooperation Administration f because I am a stickler for procedure, (TCA) within the State Department. It EDUCATIONAL FLEXIBILITY but because the whole point behind the was this ‘‘bold new program’’ drafted PARTNERSHIP ACT OF 1999 committee system is so that com- by Mr. Hardy that later developed into plicated issues can be debated and ex- the Agency for International Develop- The PRESIDING OFFICER. Under amined in detail. That is not possible ment and which, perhaps, was the seed the previous order, the Senate will now on the floor of the Senate. This doesn’t for the establishment of the Peace resume consideration of S. 280, which happen in every instance, and I have Corps. These were truly forward-look- the clerk will report. been on both sides of the question, but ing concepts. The bill clerk read as follows: I cannot recall when we have been in a During this period, Mr. Hardy served A bill (S. 280) to provide for education similar situation where one side is try- as the chief of public affairs for the flexibility partnerships. ing to load up a small, noncontrover- TCA and the chairman of its policy The Senate resumed consideration of sial proposal when the logical vehicle planning council. Tragically, on De- the bill. for the debate and consideration of cember 23, 1951, Mr. Hardy, along with Pending: these larger questions is only a few the Director of the TCA, was killed in Jeffords amendment No. 31, in the nature months away. a plane crash on a flight from Cairo to of a substitute. We have never really considered Teheran. It is a shame that Benjamin Bingaman amendment No. 35 (to amend- these issues in committee. To be fair, Hardy did not have the opportunity to ment No. 31), to provide for a national school Senator MURRAY offered her class size see his concept take root and grow as dropout prevention program. amendment to the Ed-Flex bill last Lott amendment No. 37 (to amendment No. he would have had it. 35), to authorize additional appropriations to year. But Republicans felt then, as we Fifty years after Mr. Hardy drafted carry out part B of the Individuals with Dis- feel now, that this issue should be con- the Point Four speech, it is fitting that abilities Education Act. sidered as part of the ESEA reauthor- we in Congress pay tribute to the vi- Gramm (for Allard) amendment No. 40 (to ization. The amendment was not adopt- sion and courage of this man, his con- amendment No. 31), to prohibit implementa- ed. tribution to American foreign policy, tion of ‘‘Know Your Customer’’ regulations Reducing class size in our Nation’s and his commitment to improving the by the Federal banking agencies. schools is a fine idea. Common sense lives of people around the world. Ideas Mr. JEFFORDS addressed the Chair. tells us that a smaller class allows a like Benjamin Hardy’s have helped The PRESIDING OFFICER. The Sen- teacher to spend more one-on-one time demonstrate the generosity of the ator from Vermont is recognized. with each student. According to my American people around the world. And Mr. JEFFORDS. Mr. President, I say colleagues on the other side of the it is such ideas that have helped Amer- to the Senator from Massachusetts aisle, common sense has been backed ica remain engaged as the world’s lead- that I desire to make a statement for a by data that also reinforces that small er, helping to build a better future for while, if that is all right with him. class size is correlated to higher stu- all people. Mr. President, it is my Mr. KENNEDY. Absolutely. dent achievement.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3839 There is something else that most of funds from being used for improving tempt to hire one teacher in a hundred the data says. It says that the quality teaching in the outyears. or more is the best use of federal funds. of the teacher leading that classroom This legislation is seriously flawed. At this point, I think the answer is makes a significant difference. Con- It puts quantity over quality. In my ‘‘no.’’ Education policy must be built trary to statements made on the floor opinion, it is not a well-thought-out on consensus, not focus groups. I have last week, the class size proposal of my proposal, and, not surprisingly, it is be- no doubt but that this class size initia- colleague from Washington does little coming apparent that it will not work tive is politically appealing, and the or nothing toward improving teacher very well in rural America. We have chair of the Democratic Senatorial quality. Funds allocated for profes- not held one hearing on it. We have not Committee has already made clear sional development are limited to 15 heard from anyone at the local level as that he wants to use it against those of percent in the first 3 years it is author- to whether this program will meet the us who might be running for reelection ized. Worse yet, the legislation pro- real needs that they have in their com- next year. hibits funds from being used to en- munities. And we have not heard where But that is exactly my point. As soon hance teacher quality in the last 2 au- these tens of thousands of well-quali- as educational policy is driven by the thorized years. What kind of sense does fied teachers will come from. electoral needs of one party or another, that make? Where is the emphasis on teacher we have undermined it. It will change Only after class size is reduced to an quality in this proposal? My colleagues every two years based on the outcome average number of 18 students does a keep telling me there is an emphasis on of the elections. And state and local school district have the flexibility to quality, but nowhere in this proposal governments, which already chafe at use those funds to improve the quality do I see a real commitment to profes- the restrictions that accompany the 7 of teaching in the classroom. Pro- sional development. percent of funds derived from the fed- ponents point to studies which show This amendment would have us agree eral government, will become even that smaller classes make a difference that a teacher’s being ‘‘certified’’ is more frustrated. and improve academic achievement. I synonymous with ‘‘high quality.’’ Does My Democratic colleagues argue that argue that class size is less important ‘‘certified’’ equal ‘‘high quality’’? school districts need certainty in plan- than having a quality teacher. That, to Not necessarily. Currently 91 percent ning for the future. Yet the source of the uncertainty is their own failure to me, is common sense. of teachers are ‘‘certified’’ in their As I mentioned, this common sense main field of teaching assignment. Are build consensus for this proposal. You idea can also be backed with hard data. we all comfortable saying that 91 per- can, and we all do, force things through Ronald Fergeson, in an article entitled cent of our nation’s teachers are highly in the waning hours of a Congress. But ‘‘New Evidence on How and Why Money qualified? There is a great deal of de- you cannot expect that this process transforms a weak idea into a strong Matters,’’ notes: bate on that issue. Furthermore, State certification re- one. What the evidence here suggests more I do not want to paint too bleak a strongly is that teacher quality matters and quirements, in many instances, are picture. We do have plenty of con- should be a major focus of efforts to upgrade lacking. Title II of the Higher Edu- sensus in education policy. In the last the quality of schooling. Skilled teachers are cation Act we adopted last year recog- Congress we passed an amazing number the most critical of all schooling input. nized that fact and actually encourages Bill Sanders, a statistician at the of major pieces of education legislation States to improve certification stand- by unanimous or nearly unanimous University of Tennessee, stated in a ards. Sadly, by today’s measure, cer- 1997 article in ‘‘The Tennessean’’: votes. And none of this would have tification is not a ‘‘Good Housekeeping been possible without support from our Teacher effectiveness is the single largest Seal of Approval.’’ Democratic colleagues. factor affecting the academic growth of stu- And as I mentioned before, the pro- dents. Poor teachers hold students back, I do not think there is any greater posal actually prohibits the use of consensus than on the subject of the while strong teachers can push students funds for professional development for ahead by nearly a grade. When compared to federal role in helping schools educate class size, expenditures, and so forth, they teachers in 2004 and 20005 unless the the disabled. all fail in comparison. The residual effects of local educational agency has reduced The first hearing we held and the teachers can linger at least three years, re- its average class size to 18. first bill we passed were on Individuals gardless of the performance of subsequent We have an opportunity to address with Disabilities Act. I don’t think teachers. these problems and consider this legis- there is any more important federal The report ‘‘Doing What Matters lation in a timely yet thoughtful man- role than to meet the basic commit- Most; Investing in Quality Teaching’’ ner during consideration of the Ele- ment which we made nearly 25 years states that: mentary Secondary Education Act Re- ago. Studies discover again and again that authorization. The Committee on Health, Edu- teacher expertise is one of the most impor- Let’s not rush ahead. Let’s take some cation, Labor, and held a tant factors in determining student achieve- time to consider what will really make hearing last month on education budg- ment, followed by smaller, but generally a positive difference for our nation’s et proposals that drove home this positive influences of smaller schools and students. small class size. point. The class size initiative is built on a Representative Albert Perry from the Eric A. Hanushek, a researcher from foundation of sand. It came about be- Vermont State Legislature and Allen the University of Rochester, concludes: cause President Clinton insisted that it Gilbert, a school board member from All things being equal, small classes are be part of the omnibus appropriations Worcester, Vermont, told us unequivo- preferable to larger ones because teachers bill last October. It was drafted in a cally that the single most important can give students more individual attention. back room by a few people with vir- However, all things are seldom equal, and thing we could do to help local school other factors, such as the quality of the tually no input from anyone else. districts was to fulfill our pledge to teacher, have a much more decisive impact This happens from time to time, and fully fund IDEA. on student achievement. Moreover, the huge it doesn’t really bother me. But I think Fulfilling an old promise is not as ex- expense of class-size reduction may impede it is a bit of a stretch to characterize citing as raising new expectations with the ability of schools to make other impor- this process as a ‘‘bipartisan agree- new programs. We won’t get much tant investments in quality. ment’’ that the Senate is obliged to ex- press coverage for simply doing the In fact, in nearly all the studies that tend. As I’ve said, I don’t think we right thing. I looked at on the subject mentioned should be getting into these issues on But if we fulfill our obligation to quality and class size together. While the ed flex bill. fund IDEA, state and local agencies my colleagues say that the class size But if the ed flex bill is going to spill will be able to target their own re- reduction proposal has quality compo- over in to broader issues, I think we sources toward their own very real nents, this program actually prohibits should perhaps revisit whether this at- needs.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3840 CONGRESSIONAL RECORD—SENATE March 8, 1999 For some districts this may mean encouraging them to take on addi- minutes. I don’t think there is any- school construction or class-size reduc- tional obligations in order to reduce thing wrong with that. I am asking tion. In other districts the most press- class size. These are obligations for unanimous consent. Object to it. ing needs may include teacher training which States and localities will be Mr. KENNEDY. I would object to or music and art education. solely responsible once Federal assist- that. If we decide to use this forum to dis- ance for class-size reduction efforts dis- The PRESIDING OFFICER. Objec- cuss budget priorities, we should all appears. tion is heard. come together and agree that no new It is not too late to correct this mis- Mr. KENNEDY addressed the Chair. and untested elementary and sec- take. No funds are scheduled to be dis- Mr. JEFFORDS. I make a point of ondary education programs should be tributed until July. Most school dis- order a quorum is not present. funded until we fulfill our basic com- tricts have not yet received guidance Mr. KENNEDY addressed the Chair. mitment to programs—like IDEA—that on the class-size reduction program, as The PRESIDING OFFICER. The Sen- are tried and proven. the guidance was not issued until this ator from the State of Vermont has the The real issue today is not whether past weekend. floor. the legislation before us addresses all Perhaps the situation will change Mr. JEFFORDS. I make a point of of the problems that plague our edu- now that guidance is available, but order that a quorum is not present. cation system. school officials in Vermont have been The PRESIDING OFFICER. The There are issues which are important telling me that they have been unable clerk will call the roll. to me—for example, in the areas of pro- to get answers to even relatively sim- The bill clerk proceeded to call the fessional development—which I have ple questions about the program. roll. not addressed on this bill because I be- Supporting programs for students Mr. JEFFORDS. Mr. President, I ask lieved that it was more appropriate with disabilities is a far better use of unanimous consent that the order for that these issues should be addressed in the $1.2 billion provided in fiscal year the quorum call be rescinded. the context of the reauthorization of 1999 than is starting up an untested Mr. KENNEDY. I object, Mr. Presi- ESEA. teacher hiring program which was dent. My own view is that we should have written in about a day-and-a-half in The PRESIDING OFFICER. Objec- a longer school year, that children lose the closing days of the 105th Congress tion is heard. The quorum call con- too much ground over the summer as part of an appropriations bill. tinues. months. But is this area ripe for fed- In fact, several school districts may The legislative clerk continued with eral involvement? I don’t know. be faced with entirely unforeseen in- the call of the roll. The real issue we are considering creases in their IDEA funding needs be- today is simple. Are we going to give Mr. JEFFORDS. Mr. President, I ask cause of last week’s Supreme Court de- unanimous consent that the order for state and local communities the flexi- cision. Freeing up these funds for bility they have requested to improve the quorum call be rescinded. IDEA, a program which is in place and The PRESIDING OFFICER. Without the performance of their own students? the contours of which are well known, I want to emphasize this point. They objection, it is so ordered. is a better use of the appropriations have not requested this flexibility sole- The Senator from Vermont is recog- scheduled to be distributed this coming ly to make their lives simpler or as a nized. July. AMENDMENT NO. 55 TO AMENDMENT NO. 40 way to avoid delivering important Mr. President, I see the Senator from services. The accountability require- Washington. I believe she is ready and (Purpose: To require local educational agen- cies to use the funds received under section ments that are contained within this desires to introduce her amendment. bill and that have been implemented in 307 of the Department of Education Appro- Mr. President, I suggest the absence current Ed-Flex states like Texas and priations Act, 1999, for activities under of a quorum. Vermont make it clear that this is not part B of the Individuals with Disabilities The PRESIDING OFFICER (Mr. Education Act) their goal. VOINOVICH). The clerk will call the roll. And we would not expect this to be Mr. JEFFORDS. Mr. President, I The legislative clerk proceeded to send an amendment to the desk and their goal. I have traveled across the call the roll. State of Vermont meeting with stu- ask for its immediate consideration. Mr. JEFFORDS. Mr. President, I ask The PRESIDING OFFICER. The dents, parents, and educators. I can tell unanimous consent that the order for you that no one cares more about the clerk will report. the quorum call be rescinded. The legislative clerk read as follows: educational achievement of students The PRESIDING OFFICER. Without than do their own parents, teachers The Senator from Vermont [Mr. JEFFORDS] objection, it is so ordered. proposes an amendment numbered 55 to and community leaders. Mr. JEFFORDS. Mr. President, I Let us keep ourselves focused on this amendment No. 40. would ask the Senator from Wash- In lieu of the matter proposed to be in- simple but important task. We must ington if she would like to discuss her serted, insert the following: fulfill the commitment we made more amendment, and I would be happy to SEC. . IDEA. than 25 years ago and we must move to yield to her 15 minutes for debate only Section 307 of the Department of Edu- quickly pass this important legisla- and then take a look at things as they cation Appropriations Act, 1999, is amend- tion. exist at that time and decide whether ed— In order to do so, I am offering an or not we should proceed with the of- (1) in subsection (b)— amendment proposing that all funds fering of her amendment. (A) by striking paragraph (2); made available in Fiscal Year 1999 for Mr. KENNEDY. I ask for the regular (B) in paragraph (1), by redesignating sub- class-size reduction will be used in- order, Mr. President. paragraphs (A) and (B) as paragraphs (1) and stead for part B of the Individuals with Regular order is that a Senator can (2), respectively; and (C) by striking ‘‘(b)(1)’’ and inserting ‘‘(b)’’; Disabilities Education Act (IDEA). yield for a question. We are now in de- I believe it is important that we and bate time; we are not under a time (2) by striking subsections (c) through (g) honor past commitments before taking agreement, and I make a point of and inserting the following: on new obligations—particularly those order. ‘‘(c) Each local educational agency that re- as expensive, untested, and fractious as The PRESIDING OFFICER. There is ceives funds under this section shall use such the class-size reduction initiative. We no time agreement until 3 o’clock. funds to carry out activities under part B of have never come close to providing Mr. KENNEDY. How do we yield time the Individuals with Disabilities Education local school districts with the level of if there is no time agreement? Act (20 U.S.C. 1411 et seq.) in accordance IDEA assistance promised to them in The PRESIDING OFFICER. The Sen- with the requirements of such part.’’. 1975. ator from Vermont has the floor. Mr. JEFFORDS. Mr. President, I Yet, rather that meeting this long- Mr. JEFFORDS. I have the floor, and offer this amendment in hopes that we standing commitment, we are instead I am yielding for a certain number of can, again, emphasize what the proper

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3841 procedure is for this bill—to try to see lacking that. We have been showing a ‘‘(4) Smaller classes allow teachers to iden- if we can get it through with the least chart to you for some time which dra- tify and work more effectively with students possible delay. At the same time, since matically emphasizes that huge short- who have learning disabilities and, poten- there seems to be a desire to utilize the fall. tially, can reduce those students’ need for I am hopeful as we go forward today, special education services in the later amendment process, we can try to rec- grades. tify what was an attempted procedure we will continue to try to find a way to ‘‘(5) Students in smaller classes are able to on an appropriations bill at the end of get this bill passed. It is unfortunate it become more actively engaged in learning the last session, to get to the question is being objected to for reasons which than their peers in large classes. of funds for schools. really are not relevant. It is very im- ‘‘(6) Efforts to improve educational We believe very strongly, as we have portant, as we progress towards the end achievement by reducing class sizes in the emphasized over and over again, that of this year, that we not keep stalling early grades are likely to be more successful the best way to help the schools out, and preventing action that would re- if— with the money that was appropriated sult in benefiting communities, and ‘‘(A) well-prepared teachers are hired and appropriately assigned to fill additional at that time, is to have that money stop encumbering ourselves with legis- classroom positions; and flow to the schools to assist in taking lation which will accomplish what is ‘‘(B) teachers receive intensive, continuing care of children with disabilities. There not the highest priority. Depending training in working effectively in smaller is no question in the mind of anybody upon where you are, we would accom- classroom settings. outside of Washington that the best plish relatively low priorities. The ‘‘(7) Several States have begun a serious ef- way to help local communities is to get need for flexibility is immediate in fort to reduce class sizes in the early elemen- them out from under the problems that order to help students and teachers, tary grades, but these actions may be im- were put on them by the Federal Gov- and in order to allow the local commu- peded by financial limitations or difficulties in hiring well-prepared teachers. ernment when it promised to fund 40 nities to be free to provide the edu- ‘‘(8) The Federal Government can assist in percent of special education and only cation which would be much more ben- this effort by providing funding for class-size funded it at around 10 percent. That eficial than what could be achieved reductions in grades 1 through 3, and by has put huge stress on the local com- with the restrictions they currently helping to ensure that the new teachers munities, and this stress has just been face. brought into the classroom are well pre- made even worse by the recent Su- Mr. KENNEDY addressed the Chair. pared. preme Court decision which has empha- The PRESIDING OFFICER. The Sen- ‘‘SEC. 6603. PURPOSE. sized, that it is the school’s responsi- ator from Massachusetts. ‘‘The purpose of this part is to help States and local educational agencies recruit, train, MOTION TO RECOMMIT WITH AMENDMENT NO. 56 bility to have health care available to and hire 100,000 additional teachers over a 7- a child in order for the child to get Mr. KENNEDY. Mr. President, I send year period in order to— what is promised under the Constitu- an amendment to the desk, and I move ‘‘(1) reduce class sizes nationally, in grades tion, an appropriate education which is to recommit the bill to report back 1 through 3, to an average of 18 students per free. And ‘‘free’’ is the key word here forthwith with the following amend- classroom; and with respect to the recent Supreme ment. ‘‘(2) improve teaching in the early grades Court decision. The PRESIDING OFFICER. The so that all students can learn to read inde- Obviously, if a child cannot con- clerk will report the amendment. pendently and well by the end of the third centrate or be effective, as far as the The legislative clerk read as follows: grade. ‘‘SEC. 6604. PROGRAM AUTHORIZED. learning process goes, without some The Senator from Massachusetts [Mr. KEN- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— NEDY], for Mrs. MURRAY, for herself and Mr. help from medication or a nurse, then, For the purpose of carrying out this part, KENNEDY, moves to recommit the bill to re- without that help, that free and appro- there are authorized to be appropriated, priate education is not being provided. port back forthwith with the following amendment numbered 56. $1,400,000,000 for fiscal year 2000, $1,500,000,000 Just to emphasize again where we for fiscal year 2001, $1,700,000,000 for fiscal are, this is the time for us to be help- The text of the amendment is as fol- year 2002, $1,735,000,000 for fiscal year 2003, ing the States out, to increase their lows: $2,300,000,000 for fiscal year 2004, and flexibility and their ability to use title AMENDMENT NO. 56 $2,800,000,000 for fiscal year 2005. I funds in particular. It is not a time to (Purpose: To reduce class size) ‘‘(b) ALLOTMENTS.— At the end of the bill, add the following: ‘‘(1) IN GENERAL.—From the amount appro- try to place upon them new restric- priated under subsection (a) for a fiscal year SEC. ll. CLASS SIZE REDUCTION. tions or to utilize the funds for less de- the Secretary— Title VI of the Elementary and Secondary sirable programs than those which are ‘‘(A) shall make a total of 1 percent avail- Education Act of 1965 (20 U.S.C. 7301 et seq.) able to the Secretary of the Interior (on be- available now, and encumber them is amended by adding at the end the fol- half of the Bureau of Indian Affairs) and the with only being able to do it through lowing: outlying areas for activities that meet the the decrease in class size, as in the ‘‘PART E—CLASS SIZE REDUCTION amendment as passed out of the Con- purpose of this part; and ‘‘SEC. 6601. SHORT TITLE. gress last year. ‘‘(B) shall allot to each State the same per- ‘‘This part may be cited as the ‘Class Size centage of the remaining funds as the per- So I am hopeful we can take the time Reduction and Teacher Quality Act of 1999’. centage it received of funds allocated to now to analyze where we ought to be ‘‘SEC. 6602. FINDINGS. States for the previous fiscal year under sec- going in education. I already discussed ‘‘Congress finds as follows: tion 1122 or section 2202(b), whichever per- that to a substantial extent previously, ‘‘(1) Rigorous research has shown that stu- centage is greater, except that such allot- but would like to point out again, as dents attending small classes in the early ments shall be ratably decreased as nec- we go forward trying to improve the grades make more rapid educational essary. education of this Nation, this can only progress than students in larger classes, and ‘‘(2) DEFINITION OF STATE.—In this part the be done by the Federal Government that these achievement gains persist term ‘‘State’’ means each of the several through at least the elementary grades. States of the United States, the District of and the local communities and the ‘‘(2) The benefits of smaller classes are Columbia and the Commonwealth of Puerto States all working together to provide greatest for lower achieving, minority, poor, Rico. the kind of educational changes which and inner-city children. One study found ‘‘(3) STATE-LEVEL EXPENSES.—Each State will maximize the ability of our chil- that urban fourth-graders in smaller-than- may use not more than a total of 1⁄2 of 1 per- dren to learn. Certainly all the Gov- average classes were 3⁄4 of a school year cent of the amount the State receives under ernors in the country have agreed that ahead of their counterparts in larger-than- this part, or $50,000, whichever is greater, for the best way to do that is to free the average classes. a fiscal year, for the administrative costs of communities from the huge burden we ‘‘(3) Teachers in small classes can provide the State educational agency. students with more individualized attention, ‘‘(c) WITHIN STATE DISTRIBUTION.— placed upon them back in 1975. Al- spend more time on instruction and less on ‘‘(1) IN GENERAL.—Each State that receives though we made a commitment to take other tasks, cover more material effectively, an allotment under this section shall dis- care of 40 percent of that, as has been and are better able to work with parents to tribute the amount of the allotted funds that explained on the floor, we are well further their children’s education. remain after using funds in accordance with

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3842 CONGRESSIONAL RECORD—SENATE March 8, 1999 subsection (b)(3) to local educational agen- the early grades to 18 or fewer children may The legislative clerk proceeded to cies in the State, of which— use funds received under this part— call the roll. ‘‘(A) 80 percent of such remainder shall be ‘‘(A) to make further class-size reductions Mr. KENNEDY. Mr. President, I ask allocated to such local educational agencies in grades 1 through 3; unanimous consent that the order for in proportion to the number of children, aged ‘‘(B) to reduce class size in kindergarten or 5 to 17, who reside in the school district other grades; or the quorum call be rescinded. served by such local educational agency and ‘‘(C) to carry out activities to improve Mr. JEFFORDS. Objection. are from families with incomes below the teacher quality, including professional devel- The PRESIDING OFFICER. Objec- poverty line (as defined by the Office of Man- opment activities. tion is heard. agement and Budget and revised annually in ‘‘(c) SUPPLEMENT NOT SUPPLANT.—A local The clerk will continue to call the accordance with section 673(2) of the Commu- educational agency shall use funds under roll. nity Services Block Grant Act (42 U.S.C. this part only to supplement, and not to sup- The legislative clerk continued with 9902(2)) applicable to a family of the size in- plant, State and local funds that, in the ab- the call of the roll. sence of such funds, would otherwise be volved) for the most recent fiscal year for Mr. JEFFORDS. Madam President, I which satisfactory data is available com- spent for activities under this part. pared to the number of such individuals who ‘‘(d) PROHIBITION.—No funds made available ask unanimous consent that the order reside in the school districts served by all under this part may be used to increase the for the quorum call be rescinded. the local educational agencies in the State salaries of or provide benefits to (other than The PRESIDING OFFICER (Ms. COL- for that fiscal year, except that a State may participation in professional development LINS). Without objection, it is so or- adjust such data, or use alternative child- and enrichment programs) teachers who are, dered. poverty data, to carry out this subparagraph or have been, employed by the local edu- Under the previous order, the hour of cational agency. if the State demonstrates to the Secretary’s 3 o’clock having arrived, there will now satisfaction that such adjusted or alter- ‘‘(e) PROFESSIONAL DEVELOPMENT.—If a local educational agency uses funds made be 2 hours of debate equally divided. native data more accurately reflects the rel- available under this part for professional de- Mr. JEFFORDS. As I understand it, ative incidence of children living in poverty velopment activities, the agency shall en- within local educational agencies in the no amendments can be offered on the sure the equitable participation of private State; and motion to debate relative to the clo- nonprofit elementary and secondary schools ‘‘(B) 20 percent of such remainder shall be ture? in such activities. Section 6402 shall not allocated to such local educational agencies The PRESIDING OFFICER. No apply to other activities under this section. in accordance with the relative enrollments ‘‘(f) ADMINISTRATIVE EXPENSES.—A local amendments are in order. The order of children, aged 5 to 17, in public and pri- educational agency that receives funds under prohibits amendments at this time. vate nonprofit elementary schools and sec- this part may use not more than 3 percent of Mr. JEFFORDS. Madam President, ondary schools in the school districts within such funds for local administrative expenses. let me give Members a little bit of in- the boundaries of such agencies. ‘‘SEC. 6606. COST-SHARING REQUIREMENT. formation on where we are. We are now ‘‘(2) AWARD RULE.—Notwithstanding para- (a) FEDERAL SHARE.—The Federal share of graph (1), if the award to a local educational on debate for cloture. We are trying to the cost of activities carried out under this get this bill—which is very small in the agency under this section is less than the part— starting salary for a new teacher in that ‘‘(1) may be up to 100 percent in local edu- sense of the number of words—but agency, the State shall not make the award cational agencies with child-poverty levels would be very helpful to the Governors unless the local educational agency agrees to of 50 percent or greater; and with respect to trying to utilize their form a consortium with not less than 1 other ‘‘(2) shall be no more than 65 percent for title I funds in a better way. The local educational agency for the purpose of local educational agencies with child-pov- States would be able to assist the max- reducing class size. erty rates of less than 50 percent. imum number of children in need of ‘‘SEC. 6605. USE OF FUNDS. ‘‘(b) LOCAL SHARE.—A local educational help. The 50 Governors support it as it ‘‘(a) IN GENERAL.—Each local educational agency shall provide the non-Federal share agency that receives funds under this part of a project under this part through cash ex- will help them have more flexibility. It shall use such funds to carry out effective penditures from non-Federal sources, except does no damage to anyone and would approaches to reducing class size with highly that if an agency has allocated funds under be helpful to many. According to the qualified teachers to improve educational section 1113(c) to one or more schoolwide latest estimates for the Department of achievement for both regular and special- programs under section 1114, it may use Education, this school year there are needs children, with particular consideration those funds for the non-Federal share of ac- 6.1 million schoolchildren. given to reducing class size in the early ele- tivities under this program that benefit We are also looking at an alter- mentary grades for which some research has those schoolwide programs, to the extent native—if you continue to refuse to let shown class size reduction is most effective. consistent with section 1120A(c) and notwith- ‘‘(b) CLASS REDUCTION.— standing section 1114(a)(3)(B). the bill go out in order to help the Gov- ‘‘(1) IN GENERAL.—Each such local edu- ‘‘SEC. 6607. REQUEST FOR FUNDS. ernors to help the children, we have of- cational agency may pursue the goal of re- ‘‘Each local educational agency that de- fered, and will continue to offer, sec- ducing class size through— sires to receive funds under this part shall ond-degree amendments. These amend- ‘‘(A) recruiting, hiring, and training cer- include in the application submitted under ments will not run into the problem of tified regular and special education teachers section 6303 a description of the agency’s being under the Elementary and Sec- and teachers of special-needs children, in- program under this part to reduce class size ondary Education Act jurisdiction of cluding teachers certified through State and by hiring additional highly qualified teach- the committee, where we are now hold- local alternative routes; ers. ‘‘(B) testing new teachers for academic ing hearings, as the other amendments ‘‘SEC. 6608. REPORTS. have. These amendments will say that content knowledge, and to meet State cer- ‘‘(a) STATE.—Each State receiving funds tification requirements that are consistent under this part shall report on activities in the highest priority now and the best with title II of the Higher Education Act of the State under this section, consistent with thing to do now, would be to take the 1965; and section 6202(a)(2). funds appropriated last year or author- ‘‘(C) providing professional development to ‘‘(b) SCHOOL.—Each school receiving assist- ized last year and to have those instead teachers, including special education teach- ance under this part, or the local educational utilized to reduce the burden on our ers and teachers of special-needs children, agency serving that school, shall produce an local schools caused by the failure of consistent with title II of the Higher Edu- annual report to parents, the general public, cation Act of 1965. and the State educational agency, in easily the Federal Government to live up to ‘‘(2) RESTRICTION.—A local educational understandable language, regarding student their promise to provide 40 percent of agency may use not more than a total of 15 achievement that is a result of hiring addi- the funding for children with disabil- percent of the funds received under this part tional highly qualified teachers and reducing ities. We believe that is, by far, the for each of the fiscal years 2000 through 2003 class size.’’. better option and would not in any way to carry out activities described in subpara- Mr. JEFFORDS. Mr. President, I impair our ability to continue to move graphs (B) and (C) of paragraph (1), and may forward on the Elementary and Sec- not use any funds received under this part make a point of order that a quorum is for fiscal year 2004 or 2005 for those activi- not present. ondary Education Act. ties. The PRESIDING OFFICER. The However, and it is unfortunate, the ‘‘(3) SPECIAL RULE.—A local educational clerk will call the roll to ascertain the minority believes they would rather agency that has already reduced class size in presence of a quorum. try to have the President’s program.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3843 There are many parts of the Presi- tions to the consideration of the Mur- Mr. JEFFORDS. Were you in the dent’s program that I don’t have a ray amendment, even though the ma- back room? problem with. To put these proposals jority and the chairman of the com- Mr. KENNEDY. I was there part of up at this time, however, without mittee were quite prepared to tag the time, but not when he had his press going through the normal process of amendments on to this Ed-Flex legisla- conference. I was in the room, yes, I debate, analysis, and hearings that tion, which is of so much importance was, and glad to be there, because we normally go on in the committee proc- to local districts. I supported this leg- were fighting then for smaller class- ess, is irresponsible. We must be able to islation, but it doesn’t really compare rooms. determine whether the programs work, in importance to the Murray amend- Mr. JEFFORDS. I think if you check how best to put them in, what kind of ment which will result in the reduc- your memory, I was not there. law change would be needed—all those tions of class size. Mr. KENNEDY. If the Senator wasn’t things are normally handled during the We saw the acceptance of a far-reach- there, I apologize to the Senator. It committee process. We have already ing banking amendment, and I doubt was, as I see now, Senator GORTON, had several hearings and we will have very much whether there are five Mem- Chairman GOODLING, Congressman many more hearings on the Elemen- bers in the U.S. Senate that would be CLAY, and myself. tary and Secondary Education Act. I able to explain it. And then the major- So I apologize to the Senator. Would am anxious to move forward now and ity talks to us about not trying to clut- the Senator have complained in the continue with those hearings, and at ter up this legislation with amend- back room last year if he had been the same time give the Governors max- ments, like the Murray amendment to there? imum flexibility in their ability to be reduce class size, whose only purpose is Mr. JEFFORDS. If I had been there, able to utilize funds presently appro- to continue the commitment made last there would not have been anything to priated, especially under title I of the year which the Republicans signed on complain about. Mr. KENNEDY. We will let the Elementary and Secondary Education for and took credit, to make sure this record stand and let the people figure Act. commitment was going to continue for it out. Twelve States have demonstrated the next 6 years, but we have been de- The point is, Madam President, what how you can utilize this to enhance the nied the opportunity to bring it to the we have tried to do with this Ed-Flex education of your children. Texas and floor. But we have accepted a banking legislation, which some Democratic Vermont have had a special success in amendment of enormous significance Governors and Republican Governors utilizing these flexibilities, but there and importance and there isn’t a com- desire, is to create greater flexibility, are now 38 other States that would like plaint over here, not a complaint over while at the same time insisting that to have the same benefits. Why we here. we are going to have some account- would want to stall and delay that So now we have a prohibition on of- ability—those issues have not been time, I am not sure, but that is the sit- fering amendments from 3 o’clock to 5 completely resolved—and to ensure uation we are in right now. o’clock. It is neatly timed to divide the that Federal funding that was going to We, therefore, are going to have 2 time up so that we can talk about this. be available was going to be targeted hours of debate from now until 5 I dare say when the majority leader to the neediest students. We all want o’clock on the motion to invoke clo- comes over here, we will have the same to make sure that we are going to be ture so that we can proceed to this kind of situation tomorrow, the same able to judge the Ed-Flex by how the very important but relatively simple situation since he has filed the cloture students’ achievement and accomplish- bill. motion. We will have the explanation, ment actually are enhanced over a pe- Madam President, I yield the floor. ‘‘Look, we have been on education for a riod of time. The PRESIDING OFFICER. The Sen- number of days now and it is time we ator from Massachusetts. There is another amendment by the resolve it.’’ Senator from Rhode Island, who wants Mr. KENNEDY. Madam President, I Madam President, maybe that expla- to ensure that parental involvement in am sure that many Members of the nation satisfies some Americans. But it these decisions will be considered. That Senate, and certainly Americans who defies logic, Madam President, if we has not been accepted. We certainly have been watching the Senate for the are prepared to try to debate and dis- hope that will be included, because past few days, must have a question on cuss these matters, why we don’t let every single study that has been made their minds about what is going on in the Senate make a judgment on it. with regard to the importance of early the U.S. Senate. For many of us who I listened to my friend talk about the education shows the importance and have been here for some period of time, amendment. Last year, the amendment it is becoming painfully clear what is significance of parental involvement. that was accepted on teachers was So we still have to resolve those going on. Our good friends on the other drafted in a back room. As I remember, issues. As our majority leader pointed side look up to the Parliamentarian the good Senator from Vermont was in out when he addressed the Governors and ask, ‘‘There is no opportunity for that back room at that time. I didn’t two weeks ago, we would get a chance them to offer an amendment at all, is hear him complaining at that time to debate the issue of education. This there?’’ and after they get their assur- about being in the back room. When is what our Majority Leader LOTT, who ance, then they permit this side to the chairman of the House committee, spoke to the National Governors’ Asso- speak. If you agree with them, you get Congressman GOODLING, went out there ciation, said: a chance to speak, and they don’t ob- to announce this, he was quite pre- ject to calling off the quorum; but if Now, when we bring up the education pared to take very considerable credit issues on the floor next week, there will be you don’t agree with them, then you for what had been done in terms of ex- some amendments and some disagreements. don’t get a chance to speak. panding the classrooms. He went out But at the leadership meeting we had yester- This is the new U.S. Senate. I guess and stated at that time: day afternoon, I said, ‘‘That’s great. Let’s go this must be part of the attitude we all This is a real victory for the Republican to the Senate floor, let’s take days, let’s heard about after the impeachment— Congress, but more importantly, it is a huge take a week, let’s take 2 weeks if it’s nec- that we were going to try and work win for local educators and parents who are essary, let’s talk about education.’’ things out in a way of comity and un- fed up with Washington mandates, redtape What happened, Madam President? derstanding, and we are going to have and regulation. What happened to that kind of commit- give-and-take on both sides. We were That is what the chairman of the ment that was made to the Governors? denied an opportunity to debate this House committee said on this. What happened to the opportunity to issue or offer amendments last Friday Mr. JEFFORDS. Will the Senator be able to address the issue of class size when we wanted to, and we were denied yield? and to be able to vote on it? What hap- the opportunity to offer amendments Mr. KENNEDY. I am glad to yield for pened in the last two weeks which has here today. There are evidently objec- a question. denied the Senator from Washington

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3844 CONGRESSIONAL RECORD—SENATE March 8, 1999 the opportunity to offer her amend- limitation and to move on. But that fied. In fact, I worked with Senator ment last Friday and denied the oppor- continues to be denied. JEFFORDS, chairman of the committee, tunity to offer it today? I daresay she ‘‘Not as long as school class size is last year, along with our ranking mem- will be denied the opportunity to offer one of the amendments,’’ they say. ber, in order to deal with the issue of it tomorrow. What happened here, Isn’t that wonderful? No agreement as quality teachers. We passed an agree- Madam President? long as school class size is an issue. ment last year that began to make What is more important to the fami- What is this terrible issue about school sure that our young people out in the lies of this country than the issues of class size that they won’t even permit colleges today who are learning to be education? What is more important Republicans or Democrats to vote on? teachers are given skills in technology, than having a good debate on issues I see my colleague, the author of this a very important issue, making sure such as classroom size? What is more amendment. I am glad to yield to the that every new teacher who is certified important than considering other Senator from Washington and withhold from here on out has training in tech- issues that our colleagues wanted to the remainder of the time. nology. We intend to work with the bring up for Senate consideration, such CLOTURE MOTION chairman of the committee when we as the afterschool programs to try to Mrs. MURRAY. Madam President, I reauthorize the ESEA, to make sure assist children that too often are find- send a cloture motion to the desk. that our teachers who are out there are ing themselves in trouble or spending The PRESIDING OFFICER. The clo- already getting the training and help too much time watching the television ture motion having been presented they need so they can be the best in the afternoon? What is wrong with under rule XXII, the Chair, directs the teachers possible. an amendment to expand that pro- clerk to read the motion. But it isn’t good enough to just have gram? Let’s hear the arguments and The legislative clerk read as follows: a teacher in the classroom. We need to have a vote here. Let’s have a short CLOTURE MOTION make sure that those teachers have time limit. The Senator from Wash- We, the undersigned Senators, in ac- enough time with individual students ington had indicated that she would be cordance with the provisions of rule to help them with their reading skills, willing to enter into a time agreement. XXII of the Standing Rules of the Sen- to help them with their math skills, to We don’t need to have a cloture vote ate, hereby move to bring to a close help them with their introduction to tomorrow. We could vote on the Sen- the debate on the Kennedy-Daschle mo- science, to help them with their writ- ator’s amendment late this afternoon, tion to recommit S. 280: ing skills. There is nothing more frus- if that is the desire. I bet the member- Max Baucus, Jeff Bingaman, Ernest F. trating to a first-grade teacher who is ship would stay here during the Hollings, Max Cleland, Tom Harkin, trying to help the young student in her evening, if that was the desire and oth- Daniel K. Akaka, Daniel K. Inouye, classroom learn to read, and one young ers wanted to speak on it because of its John Breaux, Carl Levin, Patrick student can’t get the time and indi- importance to people in communities Leahy, Byron L. Dorgan, Tom Daschle, vidual attention he or she needs so all across this country—parents, chil- Edward M. Kennedy, Patty Murray, that they can break through the bar- dren and schoolteachers. We can do Harry Reid, and Paul Wellstone. rier and learn to read. And there is that. Mrs. MURRAY addressed the Chair. nothing worse than for a teacher to go We can reach a time agreement, as The PRESIDING OFFICER. The Sen- home at night and be completely frus- our minority leader said, on the floor ator from Washington is recognized. trated because they had 30, 35 kids in of the U.S. Senate, for five or six Mrs. MURRAY. Thank you. Madam their classroom and they weren’t able amendments with time limitations. We President, let me just commend the to help one child. There is nothing could wind this whole debate up by to- Senator from Massachusetts for his more difficult for a teacher than to rec- morrow. But, no. Are we sure we can’t tremendous work on the education ognize that they left the child behind have any amendments this afternoon? issue and for his repeated help with that day or that night or that year be- Yes, the Senate can be assured that it those of us who would like to offer cause they didn’t have the individual is not possible for any Member of the amendments that would make a dif- attention they needed. U.S. Senate this afternoon to offer an ference for young children in this coun- We go out to our communities—all of amendment. Fine. Then you can go try—in their education and in our re- us—and we talk to business leaders in ahead and speak. sponsibilities to live up to promises we our communities. Every one of them That is known as a gag rule, Madam made to our voters to deal with the tells us that they want to hire kids President. We had that kind of problem issues of education, whether it is re- from their local schools to go into at the end of the last session. We had ducing class size; training our teachers; their businesses. They look directly at the gag rule on minimum wage. We had dropout prevention, as Senator BINGA- us, and they say, ‘‘We want to know the gag rule on the Patients’ Bill of MAN has brought to us; afterschool when those kids graduate from high Rights. And now we start off this Con- care, as Senator BOXER has talked school that they know how to read, gress and we have a gag rule on edu- about; and numerous other issues that write, that they have the basics in cation. If the majority agrees with you, will affect children’s education. science and math.’’ What we have you can bring up your amendment. But I listened to the chairman this morn- found from all of the studies we have if you have an amendment like Senator ing as he talked about my amendment, seen is that when class sizes are re- BINGAMAN and Senator REID on school which has yet to be offered, on class duced in the first through third grades, dropouts, where we had a very substan- size. I agree with him that the best those students go on through high tial number of Republicans who sup- thing we can do for our kids in our school and they graduate with com- ported that, absolutely not. Absolutely classes is to have a quality teacher. petency in those requirements. It does not. That is exactly what this amendment make a difference. The amount of time spent in quorum that we would like to offer does. Madam President, last year I intro- calls last week when they brought up Reducing class size allows 15 percent duced legislation on reducing class this simple amendment that had been of the funds to go to recruiting, hiring, size. It was turned down on a partisan debated and discussed and accepted and and training certified, regular, and spe- vote in the beginning of the year. But dropped in conference last year is be- cial education teachers, and teachers of we did have a bipartisan agreement. We yond belief. We had a small number of special needs children, including teach- changed the language of my original amendments that could have been ers certified with State and local gov- bill to add training for teachers, be- worked out. All of us understand that ernments. cause that is what my Republican col- there is a program and a schedule, and I am reading from my amendment, leagues wanted. We added language Senator DASCHLE spoke for all of us on Madam President. This amendment that included local alternative routes. our side to try to reduce any number of makes sure that the teachers who are That was directly in relation to the Re- amendments, and to try to get a time put into our classrooms are well quali- publicans asking us to put this in the

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3845 amendment. We worked the wording I was a school board member. I can now or 8 months from now. Again, our back and forth and, last October, tell you, we didn’t deal with promises school boards are hiring teachers. They agreed with Congressman GOODLING, when I was a school board member. need to know now. They cannot wait. Senator GORTON, Senator KENNEDY, When you are putting the budgets to- I have studies, which I will go and others who were in the negotia- gether to hire these teachers, every- through when we get our amendment tions, who were representing all of us body loves you. But you don’t want to to the floor, which show that reducing in those negotiations, to come up with be the school board member a year class size makes a difference. I have a bipartisan agreement. And it was from now or 6 months from now who many, many letters, and I have had passed in a bipartisan fashion. tells those teachers, ‘‘We are going to phone calls from parents. I have heard It is now not only extremely timely fire you, let you go.’’ They do not care from students. I have teachers who but necessarily timely that we go back if it was the Federal Government or would like to have their words be put to those districts and tell them that not. They will come to your school on the floor of the Senate in support of this wasn’t just a commitment from board meeting saying, ‘‘How can you this proposal. I am hearing from them. October; we are firmly committed to fire our teachers?’’ School board mem- I am sure many of our colleagues are as making sure that young children in our bers can say, ‘‘Well, the Federal Gov- well. schools get the class size reduction ernment didn’t follow through on their This is an important and timely that they need to have the ability to promise.’’ But that doesn’t make a dif- issue. I sincerely hope that our Repub- learn the skills they need so that we ference when you are a school board lican colleagues will allow us to vote can make a real commitment to edu- member and you have to go to the gro- on it. I heard the chairman of the com- cation. cery store the next day with all the mittee, the manager on the floor, talk Don’t just look at me for this. I am a parents who are going to be affected by about the fact that perhaps it would be former teacher. I am a former school a decision we made. agreed on now. I again urge you to board member. I am a parent of two Madam President, we made a good, allow us to vote on it. Let’s have the students who went through our public solid commitment. We worked a year, debate. schools. I have been out there as a PTA along with our Republican colleagues, I heard the chairman talk about the member. I have been a State legislator to add their language to our proposal. fact that he would second-degree my dealing with education. And I have That is what was agreed on last Octo- amendment with legislation to take all of the class size money that was allo- been on the committee here that deals ber. That is what we have in front of us cated last year and give it to IDEA with education. I have seen education today, if we are allowed to offer it. And from every angle—from being a teach- funding for special education children. that is a commitment that we ought to Madam President, I agree with the er, a parent, a school board member, a make to parents, to students, and to chairman of the committee, funding legislator—and I can tell you that all school boards who are doing their for IDEA is absolutely essential. I of- of those groups, every one of them, budgets, and to our Government, which fered this amendment on the floor dur- know that when you reduce class size is also counting on us to make sure ing the budget process last year to fund you make a difference in a child’s that we have our commitments in IDEA. I believe in that commitment. learning. order to our young children across this But let’s not rob those schools of We all agreed on that last October. country. money that we promised them last Oc- We all agreed on that language. We Madam President, I have worked long tober for this year to reduce class sizes said yes, this is a commitment that we and hard with my Republican col- in first through third grade and give it need to make as a Federal Govern- leagues on this issue. It is an ex- to IDEA. We can’t pit student against ment. We looked at the bill and did ev- tremely timely and necessary issue. We student. What an empty promise, to erything we could, and brought our Re- agree that the Ed-Flex bill is one that anybody who depends on the future of publican colleagues into the discus- we can all agree on. But why not do education, if we come back 6 months sions, so that there were no new re- what is really important in this coun- later, after a bipartisan agreement has ports, there was no additional paper- try on this bill? Why should we be pre- been reached, and say, ‘‘Well, gee, work, that the money went directly to cluded from offering these amend- sorry. Politics have changed. We are our school districts so they could hire ments? If our Republican colleagues taking the money that we promised qualified teachers. We worked this now don’t agree with those on class you and giving it to another group.’’ through in a bipartisan fashion. size, fine; vote no. But let’s let our Madam President, kids in the first Today school boards are out there school board members know. They through third grade in school districts, and they are calling my office—I am have a right to know. We have an obli- whether they are in Shoreline, or Se- sure they are calling every office gation to tell them. That is why we attle, or Wanaque, Kentucky, Florida, here—saying, ‘‘We are putting our feel so strongly about offering this or any other community, know that re- budget together for next year. We are amendment. ducing class size makes a difference. beginning the hiring process to hire Again, I offer to my Republican col- Ask any parent how many times, when our teachers. Is this a commitment leagues, we would like to work with their child comes home on the first day that is just a hollow promise, or are you on this. We believe this is a com- of school—every parent—the first ques- you going to follow through?’’ Our mitment that was made last year that tion is, ‘‘How many kids are in your amendment, a 6-year authorization, we should stand up to. The administra- classroom?’’ Every parent knows that says we are going to follow through, tion stands with us. Let’s put the if the class size is small enough—we that we didn’t just do it last October, words in writing, and then we can go are asking for 18 in first through third that we meant it as a commitment, on to other issues. grade—their child is going to get a that we as a Congress know that class I heard the chairman of the com- good education. If the answer is 32, as size reduction is absolutely critical. mittee say, ‘‘Well, let’s wait until the it was for a friend of mine just a few Madam President, the President has ESEA is reauthorized.’’ I have been days ago in enrolling her child in kin- made this a top priority. The Vice here in the Senate for 6 and a half dergarten, you know your child is not President issued a statement in sup- years. I know that reauthorizing a bill, going to get the help they need and de- port of it today. The administration is bringing it here to the floor, and hav- serve in this country today to get a going to be there with us. We will get ing it move forward is no guarantee. I good education. class size reduction. We all know that. know it could be a year from now. It Madam President, I will retain the We know we are debating an amend- may not happen. I have seen reauthor- remainder of our time. I am happy to ment now. But the school boards don’t izations not agreed to. I want to make hear what our Republican colleagues know that. They need a commitment sure that our class size allocations say. now so they can put their budgets to- don’t get lost because we can’t get a But I again offer to them that I am gether and hire those teachers. bill through the floor 6 months from more than willing to have a time

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3846 CONGRESSIONAL RECORD—SENATE March 8, 1999 agreement on my amendment and an White House. Not once did they send up Washington and bureaucrats here in up-or-down vote. I am more than will- a budget that has said, let’s look at the Washington, especially the President ing to do it in an expeditious fashion. I needs of the special ed child. Not once here in Washington, know more about am positive we could finish the bill in did they send up a budget that said, we how to educate the child than the the next 24 hours. With a time agree- have a 40-percent obligation here; we child’s parents, the child’s teachers, ment on my amendment and the other are only fulfilling 6 percent of it, so the child’s principal, or the child’s amendments that I am sure our leader, let’s start to fill up the rest of the obli- school board. So they take the money along with yours, can work out on the gation. that should have gone to special ed and floor, we can finish this bill by tomor- No, every time they send up a budg- they put it into these new programs. row and have the whole bill done in a et, it is take the money that should Let me reiterate what the practical week. But it will allow us to let people have gone to special education, put it effect of that is, because this is the in- in this country know that this is a into some brand new program which sidiousness of the proposal that is commitment we have an obligation to moves responsibility back here to being made from the other side. You keep. Washington so we can have more con- see, if the Federal Government actu- Madam President, I retain the re- trol here in Washington purchased with ally funded what it said it was going to mainder of my time, and I look forward the money that is supposed to be going fund in special needs, actually paid for to the debate, and I again plead with to the special needs child. the cost of the special education child our colleagues to allow us to offer We have another example of it right to the full 40 percent as required, that these amendments. here on this floor today that is going would free up the local resources, be- Mr. GREGG addressed the Chair. to be proposed by the Senator from cause today what happens is the Fed- The PRESIDING OFFICER. The Sen- Washington. Let’s add 100,000 teachers. eral Government is only paying 11 per- ator from New Hampshire is recog- How much does that cost? Billions. cent of the cost. It would have been 6 nized. Does it say anything about taking care percent of the cost if this administra- Mr. GREGG. ‘‘A commitment we of the special needs child, the 40-per- tion had been allowed to have its way have an obligation to keep.’’ That is cent obligation? No, nothing. Nothing. for the last 3 years. But we changed Let me point out that if we took the what we are hearing from the other that. We raised it to 11 percent. side. ‘‘A commitment we have an obli- money that was going to the 100,000 So the next amount of the cost, the gation to keep.’’ Tell the special ed teacher program proposed by the Presi- difference between 11 percent and 40 child that. Tell the special ed child, dent and sent it back to the commu- percent, has to be found somewhere whose funds you are raiding. You are nities to spend on their special needs else; that Federal share that is not raiding those funds to start these new children, that would free up the local being paid by the Federal Government dollars so that the local principal, the initiatives. That is where the funds are has to be found somewhere else. coming from. Every time the President local teacher, the local school board Where is it found? It is found in the goes to the podium to propose a new could make the decision as to whether local taxpayers’ pockets and the State. program, where does that money come they needed a new teacher, a new class- And so the local school district has a from in education? It comes from the room, a new afterschool program, a special needs child, or maybe a series children. It comes from the special ed new computer, a new science program, of special needs children who are cost- a new math program, a new language child. ing them a considerable amount of program. Why? Because this administration money, and we should fund that; we But, no, no, the President and his year in and year out has refused to Members on the other side of the aisle should take care of them. And they fund special education. In fact, iron- are not going to let that sort of free- know that and so they pay for that ically, if you take all of the President’s dom fall into the hands of the local child’s proper education. But when new initiatives, which have been education folks. They are not going to they make the decision to pay for that thrown at us on poll number after poll let parents suddenly have some power child’s proper education, instead of get- number—every time he takes a poll, he or teachers have some power or prin- ting 40 cents back on the dollar from puts out a new initiative. If you take cipals have some power. the Federal Government for every dol- all of his new initiatives on education, No, don’t let that happen. We have to lar they spend, they only get 11 cents they, ironically, happen to add up to set up a new program and take all the back, and so they have to find the dif- almost exactly the amount of money it money going to special ed, which would ference somewhere else. would take for the Federal Government have freed up local dollars, and tell the Where do they find it? Well, maybe to fulfill its obligation to the special school districts how to spend it. Tell they do not hire another teacher that needs children of this country, an obli- them that we, here in Washington, they want for history or art. Or maybe gation which was made—a commit- know better. My goodness, we all know they do not put in a computer room. Or ment, the term used by the other side, that the folks down here on, I think it maybe they do not start an afterschool a commitment which was not made is 600 Independence Avenue, the Edu- program. Or maybe they do not build a last fall in order to entertain the con- cation Department, know a heck of a new building or add on to their build- cerns of the teachers unions in this lot more about the kids in the Epping ing. They have to make a decision such country; it was a commitment that Elementary School than the principal as that at the local level. It is a daily was made in 1975—1975—when we passed of the Epping Elementary School. decision that is made in this country. 94–142, a law which said that the Fed- We all know that. That is sort of one All across this country that decision is eral Government would pay 40 per- of those prima facie facts here in Wash- being made, because the Federal Gov- cent—40 percent—of the cost of the spe- ington, that the bureaucrat in that ernment refuses to pay its fair share of cial needs child. building, in that back room there on special education costs to which it has What happened? The Federal Govern- the 15th floor of some office building committed. ment reneged on that obligation, to the knows a heck of a lot more about how No, instead we have this arrogance of point where it was down to only 6 per- to educate a child in Epping, NH, or in power that says we are going to take cent that was being paid by the time Concord, NH, or in Nashua, NH, than the money from special ed; we are the Republicans took over this Con- the teacher who sees that child every going to create a new program; we are gress. day and the principal who works with going to give it to you but you have to We have been able to reverse that that teacher every day or the parent spend it exactly as we tell you. You trend as a Republican Congress. We who happens to be involved with this have to spend it to hire teachers. You have increased that funding by almost child more than every day, obviously, have to spend it for an afterschool pro- 100 percent in the last 31⁄2 years. We 24 hours a day. gram. Or you have to spend it to hire have gone from 6 percent up to 11 per- No, it is the great theory of self- consultants, which is the way it usu- cent but without any help from this worth which says that Senators here in ally works out.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3847 The local school district, instead of that the local community should make that not only do the local school dis- having flexibility to make its own deci- these decisions, the concept that the tricts now have to pay for the special sions with money that it should be get- local teacher or the local principal, or needs child’s educational activities, ting from the Federal Government, even, God forbid, the parent might they are going to have to pay for the suddenly finds itself hit twice. First, it know more about what the child needs medical activities within the school does not get the money the Federal than we know here in Washington. system that are required in order to Government was supposed to send it. That is the attitude. educate that child. And then it is told that if it wants to That is the attitude that leads to this I can tell you, those medical costs get the money the Federal Government arrogance which takes the money from are going to be extraordinary. This is was supposed to send it, it has to cre- the special needs child and moves it an exponential increase on the local ate a brand new program that they over for new programs which happen to school districts in order to pay those may not even want. It is an arrogance poll well, and therefore create some medical costs. Those medical costs of power. sort of political statement that allows used to come out of Medicaid in most The other side has said, we don’t you to create an election event, be- instances. Sometimes they came out of want to pit student against student. cause that is what this is all about. If other accounts, but a lot of these kids We don’t want to pit student against this administration wanted to help the were Medicaid qualified, so if they were student. Tell us about the special needs children of this country get a better really high they might have come out child and their parents going to a education, the absolute first thing it of there. But they didn’t come out of school board meeting in my State. would have done would have been to the local school budget. Now they are We have town meetings. School budg- fund special education at the full 40 going to come out of the local school ets are voted in the open in a town percent, or made a commitment to try budget. meeting. Anybody can go. Anybody can to get there. The fact that they did Many of the New Hampshire school vote who is a member of that town. Let not, the fact that they have not, the districts, for example, have small num- me tell you, student is pitted against fact that the only people who have bers of people in them. If you have a student; parent against parent. It is been committed to this have been on child who needs an extreme amount of awful. Why does it happen? It happens our side of the aisle, reflects the insin- medical help in order to be because we have failed to pay the obli- cerity of their effort in the area of edu- mainstreamed—and they should be gations of the Federal share of special cation. It reflects that they are inter- mainstreamed; this is critical, it ed. It is absolutely inexcusable that we ested in politics, while we are inter- works, it is a good idea—but they have put special ed kids and their parents ested in actually producing quality to have full-time nursing care, or they through the nightmare of having other education. have to have very high caliber medical kids and their parents saying to them, This bill, by the way, is another ex- assistance, devices like ventilators or a ‘‘You are taking our money.’’ But that ample of that. It stuns me that this bill variety of other things, oxygen, it gets is what happens every day across this would be held hostage for these really extraordinarily expensive. And every country because the Federal Govern- blatant political weapons, especially one of those dollars, according to the ment refuses to pay its fair share. ones which make so little sense. That Supreme Court, is now going to come So, what does the other side propose? is what is happening here. This bill is out of the school budget. Let’s pit more students against stu- being held hostage so somebody can Where is it going to come from? It is dents. Let us not increase special ed take a poll and do a focus group and de- not going to come from the Federal funding; let’s create a brand new pro- cide we need a new program. I imagine Government, because we are not going gram so the special ed kid is once again we will get another one after this to pay our 40 percent. No, it is going to left out there without the protection of teacher one, where the Federal Govern- come from maybe the math/science de- the dollars that were supposed to come ment can tell the local communities partment. Maybe the decision to buy from the Federal Government, and how to run their educational system. new computers will be put off. Maybe once again is thrown into the meat It is inappropriate, to say the least, the decision of hiring a new teacher grinder, unfairly and inappropriately because everybody supports this Ed- will be put off. Maybe the decision to being accused by other students and Flex bill. It is supported by the Gov- add a wing onto the building will be parents in the school district that ernors. It was supported by the Presi- put off. Maybe the football team will funds going to that child should be dent. It was even supported by Mem- be dropped. Who knows? But somebody going to the general education activi- bers on the other side of the aisle. is going to have to lose, because there ties. Why? Because it is a good idea. It gives is now a Constitutional requirement So this student-against-student argu- flexibility to local school districts. It that the health needs of that child, ment is—well, it is like arguing that allows local school districts to make when that child is being educated, black is white, to say that this new decisions as to how Federal dollars are must be paid for by the school depart- teacher program is somehow going to spent without the Federal strings. In ment. relieve the student-against-student fact, I think 12 States are already func- The Federal Government is not going issue. It is just the opposite, just the tioning under this and doing extraor- to come through with its 40 percent of opposite. It is going to create an exces- dinarily well, and all this bill does is that cost. Instead, the administration sive problem for the special needs expand it to the rest of the States. It is is going to take the money which child. ironic that 12 States should have this should have gone for that cost and Do they need teachers? I don’t know. benefit, but the rest of the States move it into some new program which I don’t know whether the town of Ep- should not have this benefit. is going to be directed out of Wash- ping or Concord needs new teachers. I This second-degree that has been of- ington where the local school district do know this: The people in the town of fered, which I think is absolutely on will be told from Washington how and Epping and the city of Concord know target, takes the money which was when they can hire a teacher, and what whether they need teachers. I am not stuck in the bill last year for this sort of qualifications that teacher can going to tell them whether they do or teachers initiative and moves it over to have. It is, in light of that decision in they do not. What I am going to try to the special ed accounts, which is where Cedar Rapids, absolutely inexcusable do is give them the money and the it should be—should have been in the that we would be initiating new pro- flexibility to make the decisions them- first place. We made a mistake last grams without funding the special selves, rather than have it directed year. This is an attempt to correct it. needs program first—absolutely inex- here from Washington. But that seems This mistake has been confirmed be- cusable. It is going to put extraor- to be an anathema to the President and yond any question by the recent Cedar dinary pressure on every school dis- to the people who are carrying his Rapids decision of the Supreme Court. trict across this country unless we face water in this Congress; the concept The Supreme Court said just last week up to that reality.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.000 S08MR9 3848 CONGRESSIONAL RECORD—SENATE March 8, 1999 So, the $1.2 billion that last year we Paul, $1,761,943; and Anoka-Hennepin, The PRESIDING OFFICER. The Sen- put into this teachers program should $489,090. This money is sorely needed, ator’s 5 minutes have expired. be taken out of that and moved over to and it would be put to great use. Mr. WELLSTONE. Madam President, special needs and the special needs I am pleased to announce that this I ask for an additional 5 minutes. child’s program, in light of the Cedar comes as a complement to what the Mr. KENNEDY. Madam President, I Rapids decision. To not do that is to Ventura administration is planning on yield 5 minutes to the Senator from really be derelict in our duty as a Fed- doing, which is to provide $150 million Minnesota. eral Government. We have already in the next 2 years to reduce class sizes The PRESIDING OFFICER. The Sen- walked away from that duty by not in kindergarten through third grade, ator is recognized for 5 additional min- funding the full 40 percent. But to fail with the goal of having no more than utes. to do it in light of the decision on 17 students per classroom. Mr. WELLSTONE. Madam President, Cedar Rapids is really to add insult to Let me say to my colleague from why would smaller classes make a dif- injury—to rub salt in the wound. New Hampshire that in Minnesota, at ference? Students go on and they say, So I congratulate the chairman of least, I do not think you are going to ‘‘Well, because with smaller classes, we the committee for offering this amend- get any argument whatsoever that the might get more of a chance to interact ment. I think it is right on. I look for- Federal Government ought to do a bet- with our teachers. If we need special ward to this debate, because this is the ter job of providing money for special help, we get the help from our teach- issue we should join. Are we going to ed children. There is no question about ers. The teachers get to know us better support the special needs children in it, the IDEA program is a great idea. as individuals. We establish more rap- this country with dollars, not rhetoric? We want children with special needs to port with our teachers.’’ Or are we going to start new programs, be in our schools. We want them to get I say to my colleagues, there is not directed by Washington, decided by the best education possible. an educator in the country who doesn’t What troubles me is two things. No. Washington, under the control of believe that we ought to try to reduce 1, what troubles me is this sort of play- Washington, which take the money our class size. I say it would be better ing off one group of children against from special needs which would have to have classes no larger than 15 stu- another group of children. I will say freed up local flexibility and put them dents at the elementary school level. right now that in the State of Min- into categorical decisions out of Wash- Senator MURRAY and Senator KEN- nesota, we have also made it a goal to ington? NEDY bring an amendment to the floor. try to reduce class size because we That is the debate here. That is the What we are saying—I think all of my know—I try to be in the schools about substance of the education issue and colleagues know my views about the every 2 weeks—that there are a couple the difference between the two parties Ed-Flex bill; I won’t go over my views of things for sure that work. One of on education. It is not an issue of dol- again—today is, if we are going to be them is to make sure that we have the talking about education and we are lars. It is an issue of how local commu- parents involved, and one of them is to nities get to manage those dollars and going to pass a piece of legislation, make sure that children come to kin- then we bring to the floor a good-faith, where those dollars get spent. There dergarten ready to learn. We are not isn’t a community in New Hampshire positive effort, which will make a huge there as a Nation. difference. which, if given the option, would take One of them is smaller class size. At Again, in Minnesota, hardly any stu- the special ed dollars before they would the elementary school level, it makes a dent I have ever talked to said, take a new categorical program from huge difference. It makes a huge dif- ‘‘Please, Senator, we want you to sup- Washington. ference, I say to my colleague from port Ed-Flex.’’ They do not even know I yield the floor. Washington, at the middle school level, what it means. Then if I were to tell Mr. WELLSTONE addressed the at the junior high school level, and at Chair. the high school level. So why are we them about the debate about title I, Mr. WELLSTONE. Madam President, talking about these proposals as if it is personally I think most of the students how much time do we have? one versus the other? would say, ‘‘We are all for flexibility by The PRESIDING OFFICER. The Sen- I say to my colleagues that what dis- way of giving the school districts the ators from your side have 34 minutes appoints me the most is that the evi- discretion to do more on community remaining. dence is crystal clear. Let me just lay outreach, if that is what they want to Mr. KENNEDY. Madam President, I this out as I talk about this. Project do, or more on teacher assistance, if yield 5 minutes to the Senator from STAR studied 7,000 students in 80 that is what they want to do, or more Minnesota. schools in Tennessee. Students in small on special instruction, if that is what The PRESIDING OFFICER. The Sen- classes perform better than students in they want to do, but certainly, Sen- ator from Minnesota is recognized for 5 large classes in each grade from kin- ator, we want to keep the basic stand- minutes. dergarten through eighth grade. In ards in place.’’ I think most students Mr. WELLSTONE. I thank the Chair. Wisconsin, the Student Achievement would agree with that. Most students Madam President, let me, first of all, Guarantee in Education Program is do not know this debate. What the stu- very briefly explain what this means to helping to reduce class size in grades K dents and the teachers and the parents Minnesota. I think we on the floor have through 12 in low-income communities; and the people in the community who already gone over what this proposal again, showing significant improve- care fiercely about education tell all of is. It is $12 billion over 7 years, $7.3 bil- ment in reading, math, and language us is, ‘‘Here is something you can do.’’ lion over 5 years. It is an initiative to tests. In Flint, MI, efforts over the last In Minnesota, I do not always agree enable our school districts to reduce 3 years to reduce class size in grades K with the Ventura administration on class sizes, grades 1 through 3, to an av- through 3 have produced a 44-percent issues. They did a good job in their erage of 18 students. It is an additional increase in reading scores and an 18- budget. They made it a priority to re- 100,000 teachers. Estimates are that we percent increase in math scores. duce class size. I think that what Min- are going to need to hire 2 million real- The research shows that it makes a nesota would say is, ‘‘Listen, some ad- ly good teachers over the next 10 years huge difference. When we talk to the ditional resources that enable us to do in our country. This is our way, at the teachers, they tell us it makes a huge this job, we are all for it.’’ Federal Government level, of providing difference. When I am in schools and I For some reason, I guess my col- some resources to States and school ask students, ‘‘What do you think rep- leagues do not want to let us have an districts that are sorely needed. resents real education reform?’’ the up-or-down vote on this amendment, I Under this proposal, Minnesota first thing they talk about is reducing say to Senator MURRAY; is that cor- would receive $19 million in fiscal year class size. They say, ‘‘Smaller classes.’’ rect? I want to try to stay at as high a 2000 to support 519 teachers. Min- I ask them, ‘‘Why would smaller class- level as possible, but I guess I say to neapolis would receive $2,355,271; St. es make a big difference?’’ the majority leader that I am surprised

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3849 he is surprised that Democrats on an other pieces of legislation. And we will principal cosponsor is the distinguished education bill would come to the floor be talking about pre-K, and we will be Senator from Oregon, Senator WYDEN. with an amendment that Senator MUR- talking about rebuilding crumbling It is ostensibly supported by the RAY has now presented to reduce class schools, and we will be talking about President of the United States. He first size. It is amazing to me. support services for kids at a very called for this bill, in fact, about 13 Now we are not going to have an up- early age, and we will be talking about months ago, and has been in support of or-down vote? My colleague, the Sen- a whole lot of other things that lead to the bill since that time. Just last week ator from Vermont, who is an edu- an improvement in the quality of edu- he spoke out in support of the bill and cation Senator, knows that this is an cation for our children. said let’s pass Ed-Flex. I think it is important initiative and knows that I say to my Republican colleagues, sadder still—yes, we are voting on clo- we have an education bill out on the you are not going to gag us on this. ture—but sadder still that now we are floor, that we are going to have this de- You are not going to silence us on this. playing politics, playing politics with bate, and we are going to have this We are going to have debates about the future of our children, with our amendment. Apparently, we are going education on the floor of the U.S. Sen- children’s education. And that is what to have no vote. ate. This is just the beginning. it is. I do not like saying this, but I will: I yield the floor. It became really clear to me as I was From my point of view, if this piece of Mr. JEFFORDS addressed the Chair. at home and I was in Mountain City, legislation goes nowhere, the Ed-Flex The PRESIDING OFFICER. The Sen- which is at the far east end of Ten- bill, that is fine. I do not think it is a ator from Vermont is recognized. nessee, and went across Tennessee and step forward; I think it is a great leap Mr. JEFFORDS. I just want to re- ended up in Memphis yesterday talking backwards. I am saddened by the fact mark very briefly. All we have done— about education. They said: ‘‘If there’s that, for some reason—and this re- and I do not understand why my good one thing we want you to do, U.S. Sen- minds me too much of the last Con- friend from Minnesota cannot agree ate, Congress, the Washington Federal gress—it looks to me like the majority with it—is to give the Senate a choice. Government, it is to stop playing poli- leader and the Republican majority Do you want to send it for special ed, tics and pass useful legislation that have made the strategic decision that where it is desperately needed, or do you know will work.’’ And we have in we will not be allowed to have amend- you want to see whether the States this Ed-Flex bill. We have 5 years of ex- ments on the floor, debate, and up-or- would prefer to have it to put more perience with a program that has been down votes so all Senators are held ac- teachers in place? It is as simple as demonstrated to work. Numerous ex- countable about education. You cannot that. We are not getting an oppor- amples have been cited again and dance at two weddings at the same tunity to vote on our amendment ei- again. Stop playing politics. time. You cannot say you are for edu- ther. Let me just very briefly bring people cation, education, education, you are Madam President, I yield to the Sen- up to date in terms of the history of for children, children, children, and ator from Tennessee—— this legislation. Senator WYDEN and I then say, when Senator MURRAY and Mr. WELLSTONE. Will the Senator worked together on a task force on the Senator KENNEDY and some of the rest yield for a question? Budget Committee which com- of us come out here on the floor of the Mr. JEFFORDS. For 9 minutes. plemented much of the work we did Senate with an amendment to reduce The PRESIDING OFFICER. The Sen- last year on the Labor Committee and class size, that you won’t even let us ator from Tennessee is recognized. identified a particular program that, as vote on it. This isn’t going to work. Mr. FRIST. Madam President, thank we held our hearings, very clearly This isn’t going to work, because one you. worked. We heard the examples from of the best things we can do is to pro- It must be really confusing to people Texas and from Vermont and from vide some additional resources so that following this debate over the last sev- Massachusetts—all of whom came for- our school districts can reduce class eral days, especially after people have ward and said this is a program that al- size and, at least at the elementary been away for the weekend coming lows us to focus the resources, with the school level, our teachers can do better back now. In about an hour, we will intent out of Washington, DC, but to do by our students, our parents can do have a vote called a cloture vote on a it in such a way as we do it with re- better by our students. topic that means a great deal to the spect to our needs in our local commu- I come to the floor of the U.S. Senate American people. I had a chance to re- nities, in our local schools, in our local to speak on behalf of this amendment. view some of this in some town meet- school districts—with the same goals, I come to the floor of the U.S. Senate ings over the last 2 days. I have come with the same money, with the same with a mixed mind. On the one hand, to back even more convinced we have a intent of the Federal Government, but use ‘‘Fiddler on the Roof,’’ I am not real obligation to pass this simple, di- without the Washington red tape, with- disappointed that the majority leader rect bill that will be translated into out the excessive bureaucratic regula- is blocking Senators from offering improving education opportunities for tions. And that is what Ed-Flex is amendments, because I think it is people all across America. about. going to mean this bill is going to go This bill—a simple bill—is a bill I I did not bring this bill to the floor to nowhere, and I think that will be bet- brought to the floor last week called be cluttered with another 25 different ter for the country. On the other hand, the Education Flexibility Partnership spending programs, however well in- I am really saddened by it and out- Act. The cloture vote, in 55 minutes, is tended they are. No. There is a more raged by it because I think this amend- an attempt on our part to say, let’s appropriate place to be dealing with ment to reduce class size is real. This bring this bill in as clean a fashion as that, and that is on the reauthorization is real stuff. This makes a little bit of possible, addressing flexibility, ad- which is currently underway in the a difference. I would rather we do even dressing accountability, at no expense Health and Education Committee, that more on this. —at no cost; this bill does not cost a reauthorization of the Elementary and So with all due respect, I think it is single cent—and let’s vote on that bill. Secondary Education Act. a shame. I think my colleagues on the Let’s not clutter it with all sorts of dif- Ed-Flex is a valuable program. It is a other side of the aisle are making a ferent amendments from either side of bipartisan program. It has been dem- huge mistake in trying to block a de- the aisle. onstrated to work. We introduced Ed- bate, in trying to block a vote, in try- I think it is very sad that we are hav- Flex just last July. I worked very ing to block an effort to reduce class ing to file cloture on this bill to bring closely with the Department of Edu- size. And if it is blocked on this bill, I it to a vote, because it is a worthy bill. cation: How can we make absolutely assume this amendment will come up It is a bill that has the support of every sure that we have strong account- over and over and over again, and all of Governor in the United States of Amer- ability provisions built into this piece us will be out here talking about it on ica. It is a bill that is bipartisan. My of legislation? It only makes sense, if

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3850 CONGRESSIONAL RECORD—SENATE March 8, 1999 you are giving local communities more fully fund our special needs children, Look at the complexity of this on flexibility, to innovate, to be creative, special education, where we made a this chart, which my staff jokingly and to answer those challenges that promise in the past. Indeed, the Senate calls the spiderweb chart. Look at the are out there in educating our chil- voted 100 to 0 to support that approach, 15 different programs for teachers. dren—by taking into account those although it seems now we have people What the other side wants to do is put local needs specific to whatever school backing away from that commitment. another program out there. might be considering a particular Madam President, the floor debate Our argument is to pass a simple pro- issue. has not focused on the real merits of gram—that allows innovation; it has The Department of Education came, the Ed-Flex bill. In fact, I bet if we can bipartisan support—instead of intro- and we worked closely together. I get cloture today, when this bill comes ducing a new program. The appropriate worked with Secretary Riley, and last to the floor the vote will be probably debate here is the Elementary and Sec- year he endorsed this very bill. The 99-1 in favor of the Ed-Flex bill. I plead ondary Education Act. Labor Committee approved this bill 17– that people vote in favor of cloture so I plead with my colleagues to pull 1—not 9–9 or 10–8, but 17 in favor of Ed- we can vote on the Ed-Flex bill without back on all of these amendments, pass Flex and 1 against. We ran out of time introducing myriad amendments. Ed-Flex, vote in favor of cloture today last year. We have moved beyond talking about so we can address a bill that has bipar- We reintroduced Ed-Flex this year. Ed-Flex to the political posturing and tisan support, that is supported by all The Health and Education Committee the doublespeak. America is not going 50 Governors, supported by the Presi- again reported this bill out of com- to tolerate it, I don’t believe, based on dent of the United States, the Depart- mittee, and now we are on the floor of my experiences around Tennessee this ment of Education, and, I bet, 99 U.S. the U.S. Senate debating this simple, week. Every Member on the other side Senators. straightforward bill on education flexi- of the aisle voted to fund the needs of I yield the floor. bility with accountability. Yet clearly special education students before Mr. JEFFORDS. I yield 5 minutes to we are getting off in other directions. spending on new programs, yet today the Senator from Alabama. We have had a list of amendments we have seen another amendment dis- The PRESIDING OFFICER. The Sen- come in. One program cost $12 billion, cussed which is yet another new spend- ator from Alabama is recognized for 5 we want to add; another cost $80 mil- ing program. minutes. lion. I plead with both sides of the We cannot be occupied by political Mr. SESSIONS. Thank you, Madam aisle, let’s step back and pass the bill rhetoric. What is at risk is the Ed-Flex President. we brought to the floor. bill. This bill could be brought down if I want to express my appreciation to Let me also say—and again it is an we overload it with all of these new Senator FRIST for his excellent leader- important point—it is important for programs. That would be a travesty be- ship on this bill. Senator JEFFORDS, my colleagues who are not on the cause we could have this bill passed who has managed it, brought it out of Health and Education Committee to here and in the House and on the Presi- the committee last year 17–1. It has understand, and for Americans and dent’s bill in 6 weeks, and 38 States broad bipartisan support, and was Tennesseans to understand, that the that don’t have Ed-Flex now would crafted by Democrats and Republicans. vehicle, the appropriate vehicle to have that program available for them Yet, we get here now and we get into which we should be considering, wheth- if we passed it here in the next several this kind of political brouhaha, this er it is construction or whether it is weeks. Ed-Flex streamlines our edu- kind of spat that does nothing for edu- getting dollars all the way to the class- cation process, it cuts through redtape, cation. It is not healthy for America room or whether it is 100,000 new teach- it allows States greater flexibility. and confuses people about what is im- ers or better teacher preparation in Let me briefly refer to this chart, portant. terms of quality, the appropriate place and please don’t try to dissect the As Senator FRIST noted, we are talk- is not on the Ed-Flex bill, which does chart. Let me use it as an example of ing about a bill, Ed-Flex, that will give not cost anything, which allows for what I am up against. This is the Gen- our school systems some flexibility as this innovation, but through the au- eral Accounting Office, and as every- we gave the State welfare systems thorization process currently under- body in the Chamber knows, the Gen- flexibility. We know how well they did way. We are having hearings right now, eral Accounting Office will come in and when we gave them that flexibility. It and will over the next several weeks look at a field and make advice. At one would give the school that same kind and months, on the Elementary and of their presentations, this chart was of flexibility and not cost one dime. It Secondary Education Act, where we presented. It basically says here are would not cost any money. look at all of these programs, kinder- some target groups that are very im- Blithely now, we have a Senator garten through 12. portant to education. One is teachers, walking in here to propose a $12-billion Some, as I said, would rather play the other is at-risk and delinquent amendment—just like that—100,000 politics with this bill. I really call upon youth, and the other is young children. teachers. Somebody ran a focus group, my colleagues to put the politics aside I asked that group a simple question: I suppose, did a poll somewhere and the and pass this bill. What programs do we have today—out people said, ‘‘We like teachers; we like Ed-Flex does not cost a dime. The of Washington, DC, or what Depart- smaller class sizes.’’ bill on the floor does not cost a single ments—looking at at-risk and delin- We have hired Ph.Ds and experienced dime, yet an amendment just came to quent youth? I don’t understand be- teachers to lead our school systems. the floor which costs $12 billion over 6 cause I have heard that there were Principals all across America are con- years—$12 billion. The appropriate hundreds—200 and 260; 500 and 560. I cerned about the schools in your com- place to debate that is where you are asked a simple question: What is Wash- munity and in my community. I don’t looking at other resources we need to ington doing for teachers, for example? know why we should have some man- put into education and have that de- This is the chart they came back date here; we haven’t even had hear- bate. with. ings on this. We will spend $12 billion Chairman JEFFORDS offered an alter- The PRESIDING OFFICER. The time on teachers—maybe we ought to con- native to those expensive plans, and of the Senator has expired. sider whether we should spend it on that is we should not be out there fund- Mr. JEFFORDS. I yield an additional something else. ing all these new programs which have 60 seconds to the Senator. This legislation is supported by the come along as amendments until we Mr. FRIST. The point I end with, National Governors’ Association. There fulfill a promise we made in 1974. what we are hearing today is to have a is not a Governor in America today The Senator from New Hampshire new program put on the outside to ad- who didn’t get elected who promised to just outlined that we should not be de- dress a population that we know is im- improve education in his State. They bating funding new programs until we portant. are committed to the improvement of

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3851 education in their States. They love what funds would come into local com- dren with disabilities, get better edu- their children in their States as much munities and whether they would have cations. or more than Senators love the chil- the resources to be able to plan for the We are committed to all of these fac- dren in each of the 50 States. They fall. If that makes a great deal of tors, to try to help children all across want good school systems. They sup- sense, it makes a great deal of sense to the country. So we welcome the oppor- port this bill. They are calling on us to others, not to me. tunity to work with the Senator from pass this bill and get out of this polit- Now, Madam President, I will include New Hampshire, or any others, to see ical folderol we are going through. Our in the RECORD what we have done over expanded resources for IDEA. It is es- new Governor in Alabama, a Democrat, the past several years on increasing sential and important. But we don’t Don Siegelman, supports this bill. Dr. funding in education. We have seen want to penalize some children to ben- Ed Richardson, the Alabama State su- that, since 1995, we have made a bipar- efit others. Let’s make a commitment perintendent of education, supports the tisan commitment to increase IDEA that we move all the children along to- legislation. funding by $2 billion. That has been gether. I will share some information with very worthwhile. Many of our Repub- I withhold the remainder of my time. this body. One of my staff people vis- lican friends initiated that. I am glad Mr. JEFFORDS. Madam President, I ited a Montgomery title I school in a to support it. It made sense and it con- yield 5 minutes to the Senator from poor neighborhood, sat down with the tinues to make sense. We also had a bi- Arkansas. The PRESIDING OFFICER. The Sen- principal, and asked him what he partisan commitment to help the need- ator from Arkansas is recognized. would like for his school system if he iest children in America by increasing Mr. HUTCHINSON. Madam Presi- Title I funding by one billion dollars. could name it right now. The principal, dent, I urge my colleagues to vote for We have initiated bipartisan commit- Mr. Thomas Toleston, from Southlawn cloture on this bill. This is an impor- ments for the funding of afterschool Elementary School, when asked what tant piece of legislation in which there programs and education technology by he would do if he could be free from is bipartisan support. I just plead with about $700 million. Since 1995, we have redtape and Federal regulations, said: my colleagues on the other side of the expanded opportunities for qualified I would ensure that Southlawn implement aisle—who are being obstructionists students to go to college. And last a comprehensive summer school program. and are holding up a piece of legisla- year, we made a 1-year downpayment The PRESIDING OFFICER. The Sen- tion that the National Governors’ As- on a bipartisan commitment to reduc- ator’s 5 minutes have expired. sociation supports, Republicans and Mr. SESSIONS. Madam President, I ing class size across the country over 7 Democrats support, educators across ask unanimous consent for 1 additional years. this country support, and which makes We reject the idea of pitting children minute. good sense—let’s vote for cloture and against children. I listened to the elo- Mr. JEFFORDS. I don’t have the move on to the debate so that we can quence of my friend from New Hamp- time to give you. give the American people what they de- shire, talking about how we wanted Mr. KENNEDY. We will give you 1 serve in better education. additional minute, Senator. one group of children to benefit at the In voting for cloture, we will be vot- Mr. SESSIONS. Mr. Thomas Toleston expense of other children. Let me just ing to cut educational bureaucracy and listed a number of items, including mention that I am strongly committed ensure greater resources going to the taking kids to educational programs toward enhancing the resources avail- children. In the State of Arizona— like NASA, afterschool programs, he able to the IDEA, just as I am for sup- Mr. KENNEDY. Will the Senator mentioned bringing in extended-day porting the Murray amendment. Im- yield for a question on my time? programs and for paying faculty for ex- proving teacher quality, having well- Mr. HUTCHINSON. Yes. tended-day programs. trained teachers, can identify children Mr. KENNEDY. What is the objection I just say this: The people we elected with special needs early and better ad- of the Senator to agreeing to a time in our communities care about our dress their needs. They can also better limitation on the five amendments and children. We ought to allow them to do teach all children. If you are talking to move toward final passage on tomor- their job with the least possible head- about special needs children, improv- row? ache from Washington. It is arrogant of ing the teacher quality and getting Mr. HUTCHINSON. The five amend- us to think we know better how to well-trained teachers helps us to meet ments that have been proposed add bil- spend the money to educate the chil- that responsibility. lions and billions of dollars in costs dren than the people who elected us. Reducing class size, as the Murray when the first obligation, the commit- Mr. KENNEDY addressed the Chair. amendment provides for, would help all ment the Senator speaks of, has al- The PRESIDING OFFICER. The Sen- children—all children—including chil- ready been made to the educators in ator from Massachusetts is recognized. dren with disabilities. They would get IDEA, in providing the full funding for Mr. KENNEDY. Madam President, I more individual attention, which they special education across this country. want to just take a few moments at need. Modernizing the school build- Reclaiming my time, to vote for this this time, because we have others who ings—school construction—would offer cloture is to vote to cut educational would like to speak, to say that I am support and help for all children, in- bureaucracy. In Arizona, 165 employ- somewhat perplexed at some of the ar- cluding those with disabilities and give ees—nearly half of the whole workforce guments that have been made here this them access to safe and modern of their Department of Education— afternoon about the importance of schools. Children with disabilities oversee only Federal programs ac- local control and the role of the States would benefit from having buildings counting for only 6 percent of the fund- in terms of education, because just last with appropriate access to school fa- ing. I say that is where we can take a fall, in October, we gave assurance to cilities and buildings equipped to han- step in the right direction in the pas- the States that there would be help and dle modern technologies. Expanding sage of this bill. assistance toward making the class- the afterschool programs would help We should not be funding new pro- rooms smaller. We gave them those as- all children, including those with dis- grams. This amendment that Senator surances. Communities all across the abilities, stay off the street and out of KENNEDY refers to is a $12.635 billion country were depending on them. trouble and help them get extra aca- amendment. That is the kind of amend- Now we have an amendment on the demic help. The Reading Excellence ment that will destroy the possibility floor that effectively wipes out that Act will help all children read well of passing this bill into law and ensur- commitment. So not only do local early. It will help teachers address ing better education for our children. school districts not know how to plan reading difficulties early and possibly We don’t need new spending programs for the future, but they don’t even eliminate the need for costly special until we have made the commitment know now—even with the assurance education later. All of these initiatives that we made to the Nation’s Gov- they have gotten from HEW—about would help all children, including chil- ernors in providing a full 40 percent of

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3852 CONGRESSIONAL RECORD—SENATE March 8, 1999 funding for special education. If there Ed-Flex. I would like to say that Ed- people on my side of the aisle who is a complaint from local schools, it is Flex is not the beginning and the end didn’t want to go along with Ed-Flex not that we are not starting enough in terms of education. When we first because they thought it would spoil new programs, it is that we are not talked about Ed-Flex early on in this their bills that block grant money into funding the programs that we already session, the thought was that we would the classroom. mandated to them. move it out early before we got into So I just think that all of us who I look forward to debating the the great debate over the reauthoriza- really care about the kids ought to get amendment for 100,000 new teachers— tion of elementary and secondary edu- on with Ed-Flex and talk about these $12 billion. Let me just refer to my cation and to understanding that there other programs as we move through home State of Arkansas where, be- are a lot of things we needed to discuss this session as we had originally antici- tween 1955 and 1997, class size dropped —more teachers, school construction; pated. from 27.4 students per classroom to 17 on our side of the aisle, block granting As I say, the President agrees. All students per classroom. We are doing all the money into the classroom, and the Governors agree. It is an oppor- the job on cutting the size of class- many other things. It was a bipartisan tunity for the Federal Government to rooms, but we have not seen a com- effort. become a better partner to States and parable improvement in academic per- As chairman of the National Gov- local governments to do a better job in formance. Why do we assume that this ernors’ Association a year ago, I was at providing help for our children. I just is the only great need that schools the White House. I said to the Presi- think this concept of ‘‘one size fits all’’ have and we are going to decide it in dent, ‘‘We would like to see Ed-Flex for coming out of Washington doesn’t Washington, DC? While public school all the States.’’ By the way, we don’t work. We don’t have a national school enrollment in Arkansas has decreased need it in Ohio. We were one of the board. I must tell you that in Ohio by 1.3 percent in the last 26 years, the first States to get Ed-Flex. I thought it what came out of Columbus, ‘‘one size number of teachers has grown by over would be wonderful if the other States fits all,’’ did not work. ‘‘One size fits 12,000—from 17,000 to 29,000. had the same opportunities we had in all’’ doesn’t work in individual school We don’t need to give them the .3 Ohio. The President said, ‘‘I am for Ed- districts because of the fact that those teachers per classroom that they will Flex.’’ Tom Carper, now the chairman districts are different. get under this amendment. We need to of the National Governors’ Association, This legislation gives all of the give them greater flexibility so they Governor Carper, was at the White States an opportunity to take advan- can do a better job. I ask my col- House. Again, the President said, ‘‘I am tage of Federal money and meld it with leagues: After 7 years, if we do this, for Ed-Flex.’’ money they are spending on the local after we fund this, if we fund these This bill is just aimed at giving the and State level and make a real dif- 100,000 teachers for 7 years, what then? other 38 States in the United States of ference in the lives of our boys and How will the schools fund those teach- America the opportunity to use these girls in this country and achieves ers then? I suggest to you that it will waivers the way we have in Ohio. We measurable improvement in the class- be the COPS Program all over again. believe they have helped us do a better room. That is what people want—ac- I had a call this week from the direc- job with the money that has been made countability. tor of the State police in Arkansas who available under various Federal pro- I urge my colleagues to end the de- said, ‘‘We hired 90 State police officers grams. We can show, for example, bate. Let’s get on with it. Some of under the COPS Program, and now the where we have been able to get waivers these other issues that are so very, money is ending. What do we do? How under title I, and how it has improved very important which are near and do we pay for them? You have to keep the performance of our children in our dear to their hearts—I am not going to the money coming.’’ title I schools. We have been able to get into the argument about whether After 7 years, what we will have done show that by getting waivers to the Ei- class size or the Federal Government is either pull the rug out from under senhower professional grants that the should hire more teachers, and so local educators, where they have to money has been used better than it was forth; I will not get into that. I have come up with additional local fund- before. feelings about that. But I think we ing—schools that are already One of the things we all ought to be need to do that later on and not on this strapped—or they are going to look to concerned about here in the Senate is piece of legislation. Washington, as they have before, and you can’t get an Ed-Flex waiver with- One other thing that I think needs to we will have created another new enti- out putting a kind of Goals 2000 plan be pointed out, Ed-Flex does not cost tlement in permanently funding teach- together, getting a State to waive their one dime—not one dime. ers from Washington, DC. regulations and some of their statutes, What we should think about is that I That is not what we need to do to im- and allowing a school district to look think it will allow us to use—I don’t prove education in this country. That at all of these programs and come up think—I know it will be able to use the is not what we need to do for the chil- with a plan that is going to do a better money we are getting from the Federal dren of this country. What we do need job of taking care of their boys and Government in a more effective way of to do is to pass this bill, eliminate girls in their respective school dis- helping our children in the classroom. some of the hoops we currently make tricts. Some of the other things that have the States jump through, allow them I was saying to one of the Senators been talked about here are the amend- greater flexibility in doing reforms, yesterday that in terms of Ed-Flex I ments to this legislation are going to and improve education creatively at wish every school district that was cost money. The question is, Where is the local level where the decisions can title I would ask for a waiver, because the money going to come from? That best be made. at least you would then be able to go ought to be taken into consideration Let’s reject the ‘‘one-size-fits-all’’ so- back a year later and find out whether when we are looking at the whole lution from Washington. Let’s approve or not that title I money is really mak- smorgasbord of educational priorities this cloture motion and move on to ing a difference in the lives of those and look at the dollars that are avail- provide educational flexibility for the children. able, and then conclude that is it bet- schools of this country. I just think the issue of—a lot of ter to, say, fund IDEA rather than put- I thank the Chair. I yield the floor. these great things have been talked ting the money into new teachers or Mr. VOINOVICH addressed the Chair. about, Senator KENNEDY and others into new classroom construction? The PRESIDING OFFICER. The Sen- have—but I think the thought was that As Senator KENNEDY notes, I am very ator from Ohio is recognized. we need to spend the time discussing interested in zero to 3. We would be Mr. VOINOVICH. Madam President, those things as we move through the better off taking money from new as a newcomer to the Senate, I have reauthorization of elementary and sec- classrooms and for hiring new teachers been perplexed by the great debate over ondary education. There were a lot of and focusing it on zero to 3 where we

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3853 know that a lot more needs to be done, time and explain that is the reason. The PRESIDING OFFICER. The Sen- and where we know that if we invest But I do not understand why we can’t ator’s 5 minutes have expired. early on in the child’s life we are going at least have votes on the other impor- Mr. BINGAMAN. Madam President, I to get a better return. tant education proposals that people do urge my colleagues to oppose clo- I ask my colleagues to vote for clo- feel strongly about going ahead with. ture at this time so we can offer our ture. Let’s get Ed-Flex done. Let’s get My own State, as I said, has this Ed- amendments. on with the debate over how we are Flex provision in law already. We have I yield the floor. going to spend the money available to had it for over 3 years now. During that Mrs. MURRAY addressed the Chair. make the biggest difference in the lives time, one of the school districts—we The PRESIDING OFFICER. The Sen- of our children in this country. have 89 school districts in New Mex- ator from Washington. Mrs. MURRAY. Madam President, I Mr. KENNEDY. Madam President, I ico—one of our 89 school districts ap- yield 5 minutes to the Senator from yield 5 minutes to the Senator from plied for a waiver one time during Rhode Island from the Democratic side. New Mexico. those 3 years. As you can see, we have The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- not used the Ed-Flex authority to ator from Rhode Island is recognized ator from New Mexico is recognized for great advantage in our State, and I for 5 minutes. 5 minutes. think that may be partly our fault. Mr. REED. I thank the Chair. Mr. BINGAMAN. Madam President, I But Ed-Flex is not a cure-all. I sup- I rise today to join my colleagues to appreciate the Senator from Massachu- port expanding the authority to all urge that we not only debate this Ed- setts yielding me some time to speak. States. I support putting it in perma- Flex bill but we also consider thought- I strongly support the Ed-Flex legis- nent law. But I do not think we should fully, carefully, and completely many lation. In fact, New Mexico has seen be out here on the Senate floor leaving of the amendments that are being put the benefit of being one of the Ed-Flex the impression that, once we pass this, forward by my colleagues. States for the last 3-plus years. So we all the problems of education are going Senator BINGAMAN has talked with have seen there is some value in that. to be resolved and the States are going great eloquence and knowledge about We certainly favor expanding that au- to have this tremendous capability to dropout prevention. He has worked for thority to other States as well. But I resolve everything and the problems many years to make sure there is a re- don’t understand why we are in the will go away. sponse to that growing problem here in condition or situation we are in here During the 3 years we have had Ed- the United States. That is certainly a on the Senate floor today. I am not op- Flex authority in New Mexico, we have legitimate issue to bring to this debate posed to Ed-Flex. I am just in favor of had 1 application by 1 of the 89 school on education flexibility. And there are going ahead and doing a few other districts for 1 waiver, and at the same other amendments that should and things at the same time. time—and that waiver was granted must be considered. I proposed an amendment which in- —we have had 20,000 of our New Mexico Many—in fact, all—who have spoken corporates the provisions of the Drop- students drop out of school before they about education flexibility have out Prevention Act, which passed this graduate. stressed the need for accountability. Senate by 74 votes in the last Congress. So I come to this from the point of The Governors have stressed it. Several All we are saying is that is a bill which view that it is at least as important Governors appeared before our Edu- had 30 Republican Senators supporting with my State that we go ahead and cation and Labor Committee to talk it. It had, I believe, virtually all Demo- consider the problem of students drop- about not only the need for Ed-Flex cratic Senators, or nearly all Demo- ping out of school in the early part of but also to insist that they need real cratic Senators, supporting it. That is this Congress. Some say we can deal accountability to accompany this leg- something we can agree upon. Let’s go with that later. Well, if later means a islation. ahead with that. That is a priority. year and a half or 18 months from now, Real accountability means some- We do not need to say, ‘‘Look, it has at the end of the 106th Congress, if that thing more than just words. I, for ex- to be Ed-Flex alone, or it can be noth- is as soon as we can do it, fine. But if ample, have an amendment that would ing.’’ That is the part of this debate it is important for the Senate to move provide for parental involvement in ac- that I don’t really understand. The no- ahead at this point on Ed-Flex, it is countability in this process, for notifi- tion is sort of being left out there that also important that the Senate move cation of parents of the proposed State somehow or other we are trying to ahead at this point on this dropout pre- plan, the pulling together of comments stall a resolution of this issue or stall vention initiative. by parents, teachers, and others, and the final vote on Ed-Flex. A preliminary analysis of last week’s the incorporation of these comments in Nothing could be further from the fourth grade reading scores showed the application that goes forward to truth. I would be happy to have a vote where the problem begins—or early in- the Secretary of Education. If we can’t on this Dropout Prevention Act amend- dications of the problem. Between 1992 give parents a voice in education flexi- ment which I proposed last week after and 1998, the gap in reading skills be- bility, then we are not only missing a 15 minutes of debate on our side and 15 tween Hispanic students and non-His- great opportunity but missing a sig- minutes of debate on the other side. panic students in nine of our States nificant and primary responsibility, So there is no effort by me or my co- widened, and only in four States did and yet that is pending without a vote. sponsors to slow down the consider- that gap decrease. So we are going in So there is much work left to be ation of this Ed-Flex bill. I believe that the wrong direction as far as heading done, and I hope we will defeat the mo- the other Senators who are interested off this dropout problem. I do not think tion for cloture so that we can get on in having amendments brought to the Ed-Flex is going to solve that. I favor with this work, so that we can fairly floor for consideration would also be giving that authority to the States. I consider these amendments, we can glad to have short time limits so that favor using it more effectively in my vote them up or down, but we can con- those amendments could be considered own State of New Mexico. sider them. I hope that is the case. and voted upon by the Senate. I certainly intend to vote for this Interestingly enough—and I know Clearly, if the Senate believes that bill, but I also think it is appropriate this is something that all of my col- some of these proposals are too expen- that Senators be allowed to offer leagues do—I spent this morning in a sive, then we can vote against them. If amendments and get votes on them. As school in Rhode Island. I went to the the Senate believes that some of these I say, if people want to vote against Norwood Avenue Elementary School in proposals are not yet refined enough the amendments, that is fine. But I Cranston, RI, and I read to first grad- and need to be postponed until the Ele- don’t see why we cannot have a vote on ers, which is a very challenging assign- mentary and Secondary Education Act an amendment unless that amendment ment. And after that, I am even more comes to the floor, that is fine; you can somehow passes some kind of litmus in favor of smaller class sizes that Sen- vote against the amendment at this test. ator MURRAY proposes.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3854 CONGRESSIONAL RECORD—SENATE March 8, 1999 Then I went to the Warwick Neck I have been out here for the last week later, or if you ignore that child and School in Warwick, RI, and read to ready to offer my amendment on reduc- say, ‘‘Gosh, I really would like to help, first graders. Then I concluded the ing class size, willing to work with my but I have 30 kids here and there are morning by going to the Mandela Republican colleagues on a time agree- winners and losers.’’ Woods School in Providence, RI. This ment, willing to do what we needed to Those young children you cannot is a new school which just opened, and do in terms of any language that they help because your class size is too large it has the most diverse population you would like to be amended or changed, still grow up. They go on to high would want to see in an America but knowing that school boards across school. They probably don’t go on to school—African Americans, Asian this country are waiting for us to make college. They become failures at an Americans, Latin Americans. It is a a decision on whether or not we are ac- early grade. tapestry of urban education in the tually going to authorize reducing We have a responsibility. We actually United States. While I was there, it class size and make a firm commit- have an ability right now to send a struck me again and again the impor- ment to putting 100,000 new, well- message to those little boys and girls, tance of the issues we are talking trained teachers in classrooms. to young students, to teachers, that we about —not just educational flexibility Madam President, I have to say that are going to give them the attention but all of the issues, how smaller class I am baffled as we come into the last they need in first, second and third sizes contribute to better performance. several minutes before we vote on clo- grade. Our amendment authorizes a 6- And this is the case in the Warwick ture. We worked very hard last year, year investment in helping school dis- Neck school, because that is a small last fall, as we put the budget agree- tricts hire 100,000 well-trained teachers. school in and of itself with small class ment together, to put together a bipar- If we follow through on this commit- sizes. The principal was very, very tisan agreement on class size, and we ment I guarantee, as a former teacher, proud of the fact it had done very well got that. Republicans and Democrats as a parent, as a school board member, in statewide mathematics testing as a alike said yes, we are going to make a that 12 years from now we will have result of their efforts. commitment to reduce class size in the young boys and girls, young students, So the issue of small class size is first through third grade. We agree graduating from high school who will there, but also—and I know we have with what the studies show. We agree be competent in reading, writing and talked about special education—we are with what parents are asking us to do. math, because they were in a class beginning to understand now that spe- We understand that it makes a dif- with a size we helped reduce today. cial education is in many respects a ference in the learning of a child in the If we do not make that commitment, function of early childhood interven- first, second, and third grade if they there will be kids who may not grad- tion, not just educationally but also in are in a class size that is reduced. We uate from high school, may have dis- terms of health care. There is a prob- understand that their grades will be cipline problems, will not go on to col- lem in Rhode Island, a terrible problem better as they get into high school. We lege. They will become a burden to all in Rhode Island, and other places, of understand that discipline problems of us. They will not be able to get a job lead paint exposure, and that problem will be reduced. We understand they in the high-tech industries that are leads directly to educational complica- will have a better and higher likeli- saying, we need highly skilled students tions. hood of going on to college. We under- who graduate. They will not be able to The PRESIDING OFFICER. The Sen- stand that as the Federal Government compete and go on to college. They will ator’s 5 minutes have expired. we need to reach out and be a part of become economically disadvantaged, Mr. REED. I thank the Chair for re- the solution and give a commitment of and the Senate will be here, 12 years minding me, and I again urge that we dollars to those school districts to hire from now, wondering how we, as a na- continue this debate, because it is an teachers. It was a bipartisan agree- tion, are going to be able to afford to appropriate, indeed, important, debate, ment. I am baffled today by my Repub- continue to help kids who we didn’t and I hope it continues past this clo- lican colleagues who now no longer are help 12 years ago. ture vote. Madam President, we have an oppor- I yield the floor. supporting this. Mrs. MURRAY addressed the Chair. Last fall I watched the campaign and tunity to vote on this amendment and The PRESIDING OFFICER. The Sen- elections, and, as did many in my on the amendments of several of my ator from Washington. State, I am sure, I watched the ads colleagues who have made very good, Mrs. MURRAY. Madam President, from the Republicans saying they sup- strong arguments about what we can how much time is remaining? port reduced class size. Madam Presi- do to make education better in this The PRESIDING OFFICER. There dent, this is our opportunity to vote to country; reducing class size, training are 6 minutes remaining on the Sen- authorize this program and really say teachers, school construction, after- ator’s side. we are committed to doing this. It will school programs—real issues that will Mrs. MURRAY. And how much on the make a difference. It is absolutely es- help young students. We will have the other side? sential. It is important that we be a opportunity to do that if the majority The PRESIDING OFFICER. Six min- part of this. leader will only allow us to offer our utes. Over the last 61⁄2 years that I have amendments. Mrs. MURRAY. Madam President, if been here, I have listened to a number We should not be precluded on the I could take just a few minutes, the of my colleagues come to the floor to floor of the U.S. Senate from offering vote is going to occur here on cloture speak as ‘‘a businessperson who has run our amendments. If our colleagues in a few short minutes. I have to say, I a major million-dollar business.’’ I want to vote no, they can vote no. If have listened to the debate over the have listened to my colleagues, who they want to vote with us, they can past week, and we are coming to the come here as former Governors or vote with us. But no one should come last several minutes. We are going to former attorneys general or former to this floor and be told that you can- be voting at 5 o’clock whether or not to State legislators, talk about their ex- not present your amendment. have cloture on the Ed-Flex bill that is perience in their fields. Madam Presi- I am ready to go. I am ready to have before us. If cloture is invoked, essen- dent, I stand before you today as a a time agreement. I ask my colleagues tially what will happen is, all of the former teacher. I can tell you that it to support us in opposing cloture, and I education amendments we have been makes a difference whether you have 18 will be back again and again until I can talking about—class size reduction, students in your class or you have 24 or make a difference with class size reduc- dropout prevention, parent account- you have 30. It makes a difference tion. I yield the floor. ability that Senator REED of Rhode Is- whether or not you have the ability to The PRESIDING OFFICER. The time land just talked about, afterschool take that one young boy or girl and of the Senator has expired. care—we will be precluded from offer- help that child really get his or her al- Mr. KENNEDY. Madam President, I ing these amendments. phabet down so that child can read suggest the absence of a quorum.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3855 The PRESIDING OFFICER. The Edwards Kerry Reed AMENDMENT NO. 58 TO THE MOTION TO Feingold Kohl Reid RECOMMIT WITH AMENDMENT NO. 56 clerk will call the roll. Feinstein Leahy Robb (Purpose: To provide all local educational The legislative clerk proceeded to Harkin Levin Rockefeller call the roll. Hollings Lieberman Sarbanes agencies with the option to use the funds Mr. ASHCROFT. Mr. President, I ask Inouye Lincoln Schumer received under section 307 of the Depart- Johnson Mikulski ment of Education Appropriations Act, unanimous consent that the order for Wellstone Kennedy Moynihan Wyden 1999, for activities under part B of the Indi- the quorum call be rescinded. Kerrey Murray viduals with Disabilities Education Act) The PRESIDING OFFICER (Mr. NOT VOTING—5 Mr. LOTT. Mr. President, I send an HAGEL). Without objection, it is so or- Graham Lautenberg Torricelli amendment to the desk to the pending dered. Landrieu McCain motion to recommit and ask for its im- CLOTURE MOTION The PRESIDING OFFICER (Mr. FITZ- mediate consideration. The PRESIDING OFFICER. Under GERALD). On this vote, the yeas are 54; The PRESIDING OFFICER. The the previous order, pursuant to rule the nays are 41. Three-fifths of the Sen- clerk will report and read the amend- XXII, the Chair lays before the Senate ators duly chosen and sworn not having ment. the pending cloture motion, which the voted in the affirmative, the motion is The legislative clerk read as follows: clerk will report. rejected. The Senator from Mississippi [Mr. LOTT], The legislative clerk read as follows: Mr. LOTT addressed the Chair. for Mr. JEFFORDS, for himself and Mr. BINGA- MAN CLOTURE MOTION , proposes an amendment numbered 58 to The PRESIDING OFFICER. The ma- the instructions of the motion to recommit We, the undersigned Senators, in accord- jority leader is recognized. S. 280 to the Committee on Health, Edu- ance with the provisions of Rule XXII of the AMENDMENT NO. 37, AS MODIFIED cation, Labor, and Pensions. Standing Rules of the Senate, do hereby move to bring to a close debate on amend- Mr. LOTT. Mr. President, I modify Mr. LOTT. I ask unanimous consent ment No. 31 to Calendar No. 12, S. 280, the my pending amendment No. 37 with the that reading of the amendment be dis- Education Flexibility Partnership bill: text of an amendment that I now send pensed with. , Jim Jeffords, John H. to the desk. The PRESIDING OFFICER. Without Chafee, Robert Smith, Thad Cochran, The PRESIDING OFFICER. The Sen- objection, it is so ordered. Arlen Specter, Slade Gorton, Mitch ator has that right. The amendment is The amendment is as follows: McConnell, Richard Shelby, , so modified. In lieu of the instructions, insert the fol- Larry E. Craig, Jon Kyl, Paul Cover- lowing: dell, Gordon Smith, Peter G. Fitz- The amendment, as modified, is as follows: Report back forthwith with the following gerald, and Judd Gregg. amendment: VOTE In lieu of the matter proposed to be in- At the end of the bill, add the following: serted, insert the following: The PRESIDING OFFICER. The SEC. . IDEA. question is, Is it the sense of the Sen- SEC. . IDEA. Section 307 of the Department of Edu- ate that debate on the substitute Section 307 of the Department of Edu- cation Appropriations Act, 1999, is amended cation Appropriations Act, 1999, is amended amendment No. 31 to S. 280, a bill to by adding after subsection (g) the following: by adding after subsection (g) the following: ‘‘(h) Notwithstanding subsections (b)(2), provide for education flexibility part- ‘‘(h) Notwithstanding subsections (b)(2), and (c) through (g), a local educational agen- nerships, shall be brought to a close? and (c) through (g), a local education agency cy may use funds received under this section The yeas and nays are required under may use funds received under this section to to carry out activities under part B of the the rule. The clerk will call the roll. carry out activities under part B of the Indi- Individuals with Disabilities Education Act The legislative clerk called the roll. viduals with Disabilities Education Act (20 (20 U.S.C. 1411 et seq.) in accordance with the Mr. NICKLES. I announce that the U.S.C. 1411 et seq.) in accordance with the re- requirements of such part.’’. quirements of such part.’’. Senator from Arizona (Mr. MCCAIN) is Mr. LOTT. I ask for the yeas and necessarily absent. CLOTURE MOTION nays. Mr. REID. I announce that the Sen- Mr. LOTT. In light of the recent clo- The PRESIDING OFFICER. Is there a ator from Florida (Mr. GRAHAM), the ture vote, I send a cloture motion to sufficient second? Senator from Louisiana (Ms. the desk to the pending amendment There is a sufficient second. LANDRIEU), the Senator from New Jer- No. 37. The yeas and nays were ordered. sey (Mr. LAUTENBERG), and the Senator The PRESIDING OFFICER. The clo- AMENDMENT NO. 59 TO AMENDMENT NO. 58 from (Mr. TORRICELLI) are ture motion having been presented (Purpose: To provide all local educational necessarily absent. under rule XXII, the Chair directs the agencies with the option to use the funds The yeas and nays resulted—yeas 54, clerk to read the motion. received under section 307 of the Depart- nays 41, as follows: The legislative clerk read as follows: ment of Education Appropriations Act, 1999, for activities under part B of the Indi- CLOTURE MOTION [Rollcall Vote No. 34 Leg.] viduals with Disabilities Education Act) YEAS—54 We, the undersigned Senators, in accord- Mr. LOTT. I send a second-degree ance with the provisions of rule XXII of the Abraham Fitzgerald McConnell Standing Rules of the Senate, do hereby amendment to the desk and ask for its Allard Frist Murkowski immediate consideration. Ashcroft Gorton Nickles move to bring to a close debate on amend- Bennett Gramm Roberts ment No. 37 to Calendar No. 12, S. 280, the The PRESIDING OFFICER. The Bond Grams Roth Education Flexibility Partnership bill: clerk will report the amendment. Brownback Grassley Santorum Trent Lott, Judd Gregg, Sam Brownback, The legislative clerk read as follows: Bunning Gregg Sessions Jeff Sessions, Paul Coverdell, Bill The Senator from Mississippi [Mr. LOTT] Burns Hagel Shelby Frist, John H. Chafee, Craig Thomas, for Mr. JEFFORDS, proposes an amendment Campbell Hatch Smith (NH) James M. Jeffords, Michael B. Enzi, Chafee Helms Smith (OR) numbered 59 to amendment No. 58. Mike DeWine, Rick Santorum, Spencer Cochran Hutchinson Snowe The amendment is as follows: Collins Hutchison Specter Abraham, Jim Bunning, Wayne Allard, Coverdell Inhofe Stevens and Jon Kyl. In the pending amendment, strike all after Craig Jeffords Thomas the word ‘‘IDEA’’ and insert the following: Crapo Kyl Thompson Mr. LOTT. Mr. President, this clo- Section 307 of the Department of Edu- DeWine Lott Thurmond ture vote, then, will occur on Wednes- cation Appropriations Act, 1999, is amended Domenici Lugar Voinovich day, March 10. by adding after subsection (g) the following: Enzi Mack Warner CALL OF THE ROLL ‘‘(h) Notwithstanding subsections (b)(2), NAYS—41 Mr. LOTT. I ask unanimous consent and (c) through (g), a local educational agen- cy may use funds received under this section Akaka Boxer Conrad that the mandatory quorum under rule to carry out activities under part B of the Baucus Breaux Daschle XXII be waived. Bayh Bryan Dodd Individuals with Disabilities Education Act Biden Byrd Dorgan The PRESIDING OFFICER. Without (20 U.S.C. 1411 et seq.) in accordance with the Bingaman Cleland Durbin objection, it is so ordered. requirements of such part.’’.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3856 CONGRESSIONAL RECORD—SENATE March 8, 1999 (i) This section shall become effective 1 add amendments of our own, with sup- when we considered the Goals 2000 we day after enactment of this Act. port for the special education commit- added six more States. f ment being fulfilled that we have not So many of us on this side are very MORNING BUSINESS done, that this legislation now is being familiar with the legislation, are very bogged down. familiar with the record that has been Mr. LOTT. Mr. President, I ask unan- We see that the first bill of the year made, and are in support of the kind of imous consent that the Senate proceed that has broad bipartisan support is accountability that the majority lead- to a period of morning business with now approaching gridlock. Let’s don’t er has stated. We are eager to see this Members permitted to speak for up to do that. Free the Ed-Flex bill. Let’s let legislation move towards completion. 10 minutes each. this bill go. There will be other oppor- But we want to point out too, as the The PRESIDING OFFICER. Without tunities for Democrats and Repub- majority leader knows, that the under- objection, it is so ordered. licans to offer their ideas on education lying legislation may very well be the f on other bills this year. We have the major opportunity for debate on edu- THE EDUCATION FLEXIBILITY reauthorization of the Elementary and cation this year. Because the Elemen- BILL Secondary Education Act coming up. tary/Secondary Education Act does not There will be plenty of opportunities to expire until next year, it may very well Mr. LOTT. Mr. President, if I could offer that. I would like for us to have not be up at that time. briefly comment on the process we just another day or 2 to discuss the under- We will have a chance to express a went through and where we are with lying bill and then vote. Let’s get it sense of the Senate on the budget regard to this bill, Ed-Flex, the edu- done. I think it is good that we are items. We will look forward to debating cation flexibility bill, that is the un- having an education debate even on appropriations. That is generally the derlying bill. It has broad bipartisan those issues that we might not have last piece of legislation that comes support. The President is for it. He had agreement, but let’s find a way to here in October. But this may very well suggested we should pass it last year. move this legislation through. be the only serious debate on education We did not get it done, but he went be- I have encouraged the Members, the for the whole year. That is why, given fore the National Governors’ Associa- Senators that are involved with this, the fact that there is not an extensive tion and called again for this legisla- to come up with some recommenda- or busy calendar, given the importance tion and says that he supports it. The tions of how maybe we could have a of the issue—education—to families all National Governors’ Association—all 50 limited number of amendments and over the country, and given the timeli- of the Governors—supported a resolu- then go on to final passage. But again, ness of the particular issue—the Mur- tion in support of this bill, education I call on Senators to free this impor- ray amendment in terms of giving as- flexibility. tant legislation. Let’s give these other surances to local communities all Twelve States have this flexibility States this opportunity. Let’s see if we across the country—it is imperative now. My State is not one of those. It can’t get more decisions made at the that we have an opportunity for the has been working quite well, I under- local level and give them the option to Senate to address this issue in a brief stand, in Massachusetts and in Mary- decide whether this money should go way. Senator MURRAY has indicated land and other States where they now for teachers or to repair roofs or tech- her willingness to enter into a reason- have this option in those 12 States. The nology for computers—whatever it may able time limit to move toward a dis- rest of us want it. be. But in one school, perhaps, they position of that legislation and that I just came from Chester, PA, earlier need a greater emphasis on excellence particular amendment. today, and Pennsylvania does not have in reading; in another school maybe I just finally remind our colleagues this education flexibility. They would they don’t have a single computer in that our leader, Senator DASCHLE, had like to have it. They desperately would the classrooms. indicated that he would urge short like to have it. The Governor of that Let’s give them the option, the flexi- time limits on as few as five or six State said: Please, give me this option. bility to use these Federal funds with- amendments. I would think that Sen- Let’s waive some of this paperwork and out Federal Government mandates ator DASCHLE might even be able to get the regulatory requirements. Let’s that you must use it here, you must a reduction to maybe even four amend- have this option so we can give schools use it there. I think the American peo- ments, even though there are many the flexibility, at the local level, to ple would support that. I know the Members here who have plans and be- make these decisions to where the Governors do. We say we do. Let’s find lieve they are important. We could dis- funds can best be used but results a way to get this legislation passed. pose of all of this in the period of a based. We need to see the proof that it I urge the leaders and the managers day, if not a day and a half. actually is working. And all of that is of the legislation to see if they can It seems to me that it is not unrea- included in this legislation. come up with some ways to get this sonable to say that on this issue which But in spite of that broad bipartisan bill completed in the next 2 days. But is of central importance and signifi- support that we wanted to continue to for now we will have a cloture vote on cance to families all across this coun- show with this legislation, we now see Tuesday. We will have at least one clo- try—the issue over partnership, the there is a raft of amendments devel- ture vote, I guess maybe two, on Federal Government working with the oping that would undermine or stop or Wednesday. And maybe in the interim States and local communities—that we add to, explode this legislation. I have we can find a way to get an agreement address the issue of class size, and we asked the Members on this side of the to provide for final passage. also address the very important issue aisle to try to withhold a whole num- I yield the floor. of the funding of the IDEA. ber of amendments. Mr. KENNEDY addressed the Chair. I think we can find very, very broad We started off the first week—last The PRESIDING OFFICER. The Sen- support for making sure that local week or the week before last—with a ator from Massachusetts. communities are going to have the very broad bill in support of our mili- Mr. KENNEDY. Mr. President, I ap- funding for IDEA, but I also think if tary men and women. The Soldiers’, preciate very much the statement of put to a vote we would have a strong Sailors’, Airmen’s and Marines’ Bill of the majority leader on the issue that is majority of Republicans and Demo- Rights passed overwhelmingly. I be- before us, the Ed-Flex legislation. If crats in favor of giving the commu- lieve that if we can get to a direct vote you look back over the history, it was nities across this country some help on Ed-Flex to waive this bureaucratic officially initiated by an amendment and assistance in terms of class size. redtape that the vote would probably by the Senator from Oregon, Senator That is something that every parent be 98-2 or 100-0. But now we see, with Hatfield, and myself. It was initially understands. It is something every all these amendments being offered, provided that six States were going to teacher understands and every student and with us having no option but to have the power of waiver, and then understands.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3857 No one makes that case better than Now, I agree that is an existing piece (The nominations received today are the former school board member and of legislation which needs some im- printed at the end of the Senate pro- former teacher herself, Senator MUR- provement. However, it does not fall ceedings.) RAY. I welcome the chance to hear her out from the jurisdiction of the com- f on this issue. mittee. On the other hand, with an ap- EXECUTIVE AND OTHER The PRESIDING OFFICER. The Sen- propriate amendment, I will endorse it. COMMUNICATIONS ator from the State of Washington. So I don’t understand the concern of Mrs. MURRAY. Thank you, Mr. my partners on the other side of the The following communications were President. aisle. laid before the Senate, together with Let me thank the Senator from Mas- We have an offer which will be before accompanying papers, reports, and doc- sachusetts for his statement. He has the Senate, and this side can endorse uments, which were referred as indi- been a strong supporter of education. her amendment with the modification cated: He understands that on this issue of that is in that amendment. What that EC–2077. A communication from the Under class size reduction, parents, families, modification does is say, all right, let’s Secretary for Oceans and Atmosphere, De- community members, police, mayors, reach a compromise here. The com- partment of Commerce, transmitting, pursu- school board members have all stood promise would be, very simply, let the ant to law, the Department’s report on the behind us and said this will make a dif- activities of the Northwest Atlantic Fish- local governments decide whether they eries Organization for 1998; to the Committee ference for young children’s learning. want to use the money which was ap- I remain baffled by the majority on Commerce, Science, and Transportation. propriated but not quite available; leader not allowing us to simply offer EC–2078. A communication from the Direc- they should have the local option. If tor of the Office of Management and Budget, the amendment with an up-or-down they want to spend it on more teach- Executive Office of the President, transmit- vote. We are more than willing to have ers, additional teachers, they should ting, pursuant to law, the Office’s report on a time agreement, a short time agree- have that option. If they want to spend the Federal government’s use of voluntary ment, and move this bill along. consensus standards during fiscal year 1997; We all know that Ed-Flex has been it on IDEA, which I think most of the to the Committee on Commerce, Science, asked for by 50 Governors. Well, reduc- communities would do, they would and Transportation. ing class size has been asked for by have that option. EC–2079. A communication from the Direc- thousands of parents. It has been bipar- I don’t see why you can say that we tor of the National Marine Fisheries Service, tisan—maybe it is not anymore; it cer- are placing ourselves in a position of Department of Commerce, transmitting, pur- suant to law, the report of a rule entitled tainly was last fall—a bipartisan ini- preventing the amendment from going forward. I don’t want to do that. ‘‘Final List of Fisheries for 1999; Update of tiative to reduce class size. I still be- Regulations Authorizing Commercial Fish- lieve that is true. It is timely, again, as Let’s also take a look at the prob- lems of this committee. This com- eries Under the Marine Mammal Protection school boards are looking at those Act’’ (I.D. 070798F) received on March 1, 1999; budgets. If we can come to an agree- mittee has huge jurisdiction. The Ele- to the Committee on Commerce, Science, ment that will allow us to have an up- mentary and Secondary Education Act and Transportation. or-down vote, I am happy to offer my spends about $15 billion, and amend- EC–2080. A communication from the Direc- amendment. I will stay tonight; I can ments that have been addressing this tor of the National Marine Fisheries Service, bill would bypass the committee’s abil- Department of Commerce, transmitting, pur- be here tomorrow morning. suant to law, the report of a rule entitled Let me conclude by saying it is frus- ity to review all of these programs, which we should do. We haven’t done so ‘‘Taking of Marine Mammals Incidental to trating to be told no and no and no Commercial Fishing Operations; Pacific Off- time and time again when we want to for 5 years, and the education of this shore Cetacean Take Reduction Plan Regula- offer an amendment. I am beginning to country is suffering badly from not tions; Technical Amendment’’ (I.D. 042798B) feel like one of those kids in one of being able to maximize the opportuni- received on March 1, 1999; to the Committee those large classes who has been told ties for our young people. on Commerce, Science, and Transportation. by the teacher time and again, ‘‘You We have already had several hear- EC–2081. A communication from the Direc- ings. We will have more hearings on it, tor of the National Marine Fisheries Service, have to wait.’’ When that happens, you Department of Commerce, transmitting, pur- get frustrated, you start to think of and in the orderly process we ought to take those amendments up and vote on suant to law, the report of a rule entitled other things to do. You can become a ‘‘Taking of Marine Mammals Incidental to discipline problem. I don’t want to be, them at that time, but not now when Commercial Fishing Operations; Atlantic but I will tell my colleagues that we we are just starting the legislative ses- Large Whale Take Reduction Plan Regula- want to offer this amendment, we want sion. tions’’ (I.D. 031997C) received on March 1, an up-or-down vote, and as long as we We will have an opportunity for the 1999; to the Committee on Commerce, are told we can’t move ahead with it, Senate to vote on an excellent amend- Science, and Transportation. ment to the amendment of the Senator EC–2082. A communication from the Dep- we will think of other things to do. uty Assistant Administrator for Fisheries, I yield the floor. from Washington and give this body an opportunity to express itself. It will be, Department of Commerce, transmitting, pur- The PRESIDING OFFICER. The Sen- suant to law, the report of a rule entitled ator from Vermont. apparently, filibustered. I don’t under- ‘‘Taking of Marine Mammals Incidental to Mr. JEFFORDS. Mr. President, first, stand why or how anybody could fili- Commercial Fishing Operations; Harbor Por- let me comment on the remarks of the buster an option for the local commu- poise Take Reduction Plan Regulations’’ Senator from Washington. nities to decide whether they want to (I.D. 042597B) received on March 1, 1999; to First of all, this bill is a very simple use it for new teachers or for special the Committee on Commerce, Science, and bill to help the Governors have flexi- education. Transportation. EC–2083. A communication from the Acting bility—the States to have flexibility to f maximize the utilization of title I Director of the Office of Sustainable Fish- MESSAGES FROM THE PRESIDENT eries, National Marine Fisheries Service, De- funds, in particular. I don’t think any- Messages from the President of the partment of Commerce, transmitting, pursu- body disagrees with it. ant to law, the report of a rule entitled What I have set out as a policy for United States were communicated to ‘‘Fisheries of the Exclusive Economic Zone me, working with the leader, is that the Senate by Mr. Williams, one of his Off Alaska; Pacific Cod in the Central Regu- this bill ought not to be encumbered by secretaries. latory Area in the Gulf of Alaska’’ (I.D. matters which are under the jurisdic- EXECUTIVE MESSAGES REFERRED 021999A) received on March 1, 1999; to the tion of the committee which should be As in executive session the Presiding Committee on Commerce, Science, and considered separately and after due Officer laid before the Senate messages Transportation. EC–2084. A communication from the Acting hearing and after all of the elements of from the President of the United Director of the Office of Sustainable Fish- the legislation are considered. The States submitting sundry nominations eries, National Marine Fisheries Service, De- amendment of the Senator from Wash- which were referred to the appropriate partment of Commerce, transmitting, pursu- ington really shortcuts that. committees. ant to law, the report of a rule entitled

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3858 CONGRESSIONAL RECORD—SENATE March 8, 1999 ‘‘Fisheries of the Exclusive Economic Zone EC–2095. A communication from the Direc- of the budget process; from the Committee Off Alaska; Vessels Greater Than 99 Feet tor of Selective Service, transmitting, pursu- on Governmental Affairs; placed on the cal- LOA Catching Pollock for Processing by the ant to law, the Service’s annual report under endar. Inshore Component in the Bering Sea’’ (I.D. the Freedom of Information Act for calendar S. 558. An original bill to prevent the shut- 022399B) received on March 1, 1999; to the year 1998; to the Committee on the Judici- down of the Government at the beginning of Committee on Commerce, Science, and ary. a fiscal year if a new budget is not yet en- Transportation. EC–2096. A communication from the Rules acted; from the Committee on Governmental EC–2085. A communication from the Chief Administrator of the Federal Bureau of Pris- Affairs; placed on the calendar. of the Office of Regulations and Administra- ons, Department of Justice, transmitting, By Mr. GRAMM: tive Law, U.S. Coast Guard, Department of pursuant to law, the report of a rule entitled S. 559. A bill to designate the Federal Transportation, transmitting, pursuant to ‘‘Classification and Program Review: Team building located at 33 East 8th Street in Aus- law, the report of a rule entitled ‘‘Conform- Meetings’’ (RIN1120–/AA64) received on tin, Texas, as the ‘‘J.J. ‘‘Jake’’ Pickle Fed- ance of the Western Rivers Marking System March 2, 1999; to the Committee on the Judi- eral Building’’; to the Committee on Envi- with the United States Aids to Navigation ciary. ronment and Public Works. System’’ (RIN2115–AF14) received on March EC–2097. A communication from the Ad- By Mr. DASCHLE (for Mr. LAUTENBERG 1, 1999; to the Committee on Commerce, ministrator of the Environmental Protection (for himself, Mr. DURBIN, Mr. SCHU- Science, and Transportation. Agency, transmitting, pursuant to law, the MER, and Mr. REED)): EC–2086. A communication from the Chief Agency’s Clean Air Act ‘‘Residual Risk Re- S. 560. A bill to reform the manner in of the Office of Regulations and Administra- port’’; to the Committee on Environment which firearms are manufactured and dis- tive Law, U.S. Coast Guard, Department of and Public Works. tributed by providing an incentive to State Transportation, transmitting, pursuant to EC–2098. A communication from the Direc- and local governments to bring claims for law, the report of a rule entitled ‘‘Draw- tor of the Office of Regulatory Management the rising costs of gun violence in their com- bridge Operating Regulation; Bayou Chico, and Information, Environmental Protection munities; to the Committee on the Judici- FL’’ (RIN2115–AE47) received on March 1, Agency, transmitting, pursuant to law, the ary. 1999; to the Committee on Commerce, report of a rule entitled ‘‘Protection of By Mr. SCHUMER: Science, and Transportation. Stratospheric Ozone; Listing of Substitutes S. 561. A bill to authorize the President to EC–2087. A communication from the Direc- for Ozone-Depleting Substances’’ (RIN2660– award a gold medal on behalf of the Congress tor of the Office of Regulatory Management AG12) received on March 2, 1999; to the Com- to Mrs. Yaffa Eliach in recognition of her and Information, Environmental Protection mittee on Environment and Public Works. outstanding and enduring contributions to- Agency, transmitting, pursuant to law, the EC–2099. A communication from the Direc- ward scholarship about the Holocaust, and report of a rule entitled ‘‘Oxirane, methyl-, tor of the Office of Regulatory Management for other purposes; to the Committee on polymer with oxirane, mono [2-(2- and Information, Environmental Protection Banking, Housing, and Urban Affairs. butoxyethoxy)ethyl]ether; Exemption from Agency, transmitting, pursuant to law, the By Mr. HARKIN (for himself, Mr. Requirement of a Tolerance’’ (FRL6059–4) re- report of a rule entitled ‘‘Approval and Pro- BINGAMAN, Mrs. MURRAY, Mr. JOHN- ceived on March 2, 1999; to the Committee on mulgation of Air Quality Implementation SON, and Mr. DORGAN): Agriculture, Nutrition, and Forestry. Plans; State of Colorado; Greeley Carbon S. 562. A bill to provide for a comprehen- EC–2088. A communication from the Chair- Monoxide Redesignation to Attainment, Des- sive, coordinated effort to combat meth- man of the Federal Election Commission, ignation of Areas for Air Quality Planning amphetamine abuse, and for other purposes; transmitting, pursuant to law, the Commis- Purposes, and Approval of a Related Revi- to the Committee on the Judiciary. sion’s FY 2000 Budget Request; to the Com- sion’’ (FRL6236–7) received on March 3, 1999; By Mr. LEVIN (for himself and Mr. mittee on Rules and Administration. to the Committee on Environment and Pub- ABRAHAM): EC–2089. A communication from the Assist- lic Works. S. 563. A bill to repeal a waiver that per- ant Secretary for Legislative Affairs, De- EC–2100. A communication from the Direc- mitted the issuance of a certificate of docu- partment of State, transmitting, pursuant to tor of the Office of Regulatory Management mentation with endorsement for employ- law, the report of a rule entitled ‘‘Implemen- and Information, Environmental Protection ment in the coastwise trade for the vessel tation of Torture Convention in Extradition Agency, transmitting, pursuant to law, the COLUMBUS, and for other purposes; to the Cases’’ (Notice 2991) received on February 22, report of a rule entitled ‘‘Approval and Pro- Committee on Commerce, Science, and 1999; to the Committee on Foreign Relations. mulgation of Air Quality Implementation Transportation. EC–2090. A communication from the Assist- Plans; Delaware; Definitions of VOCs and Ex- By Mrs. MURRAY (for herself, Mr. ant Secretary for Fish and Wildlife and empt Compounds’’ (FRL6238–7) received on KENNEDY, and Mr. DASCHLE): S. 564. A bill to reduce class size, and for Parks, Department of the Interior, transmit- March 3, 1999; to the Committee on Environ- other purposes; read the first time. ting, a draft of proposed legislation entitled ment and Public Works. By Mr. COVERDELL (for himself, Mrs. ‘‘El Camino Real de Tierra Adentro National EC–2101. A communication from the Direc- FEINSTEIN, Mr. DEWINE, Mr. Historic Trail Act’’; to the Committee on tor of the Office of Regulatory Management TORRICELLI, and Mr. LOTT): Energy and Natural Resources. and Information, Environmental Protection S. 565. A bill to provide for the treatment EC–2091. A communication from the Chief Agency, transmitting, pursuant to law, the of the actions of certain foreign narcotics of the Forest Service, Department of Agri- report of a rule entitled ‘‘Approval and Pro- traffickers as an unusual and extraordinary culture, transmitting, pursuant to law, the mulgation of Implementation Plans; State of threat to the United States for purposes of report of a rule entitled ‘‘Administration of Iowa’’ (FRL6308–5) received on March 4, 1999; the International Emergency Economic Pow- the Forest Development Transportation Sys- to the Committee on Environment and Pub- ers Act; to the Committee on Banking, Hous- tem: Temporary Suspension of Road Con- lic Works. ing, and Urban Affairs. struction and Reconstruction in Unroaded EC–2102. A communication from the Direc- By Mr. LUGAR: tor of the Office of Regulatory Management Areas’’ (RIN059–6AB68) received on February S. 566. A bill to amend the Agricultural and Information, Environmental Protection 16, 1999; to the Committee on Energy and Trade Act of 1978 to exempt agricultural Agency, transmitting, pursuant to law, the Natural Resources. commodities, livestock, and value-added report of a rule entitled ‘‘Approval and Pro- EC–2092. A communication from the Direc- products from unilateral economic sanc- mulgation of Implementation Plans; Cali- tor of the Office of Personnel Management, tions, to prepare for future bilateral and fornia State Implementation Plan Revision, transmitting, pursuant to law, a report enti- multilateral trade negotiations affecting Antelope Valley Air Pollution Control Dis- tled ‘‘Proposed Laboratory Personnel Man- United States agriculture, and for other pur- trict’’ (FRL6306–8) received on March 4, 1999; agement Demonstration Project; Depart- poses; to the Committee on Agriculture, Nu- to the Committee on Environment and Pub- ment of the Navy, U.S. Naval Research Lab- trition, and Forestry. lic Works. oratory, Washington, D.C.’’; to the Com- By Mr. ABRAHAM: mittee on Governmental Affairs. f S.J. Res. 13. A joint resolution proposing EC–2093. A communication from the Sec- INTRODUCTION OF BILLS AND an amendment to the Constitution of the retary of Health and Human Services, trans- United States to protect Social Security; mitting, a draft of proposed legislation enti- JOINT RESOLUTIONS read the first time. tled ‘‘The Empowerment Zones and Enter- The following bills and joint resolu- f prise Communities Enhancement Act’’; to tions were introduced, read the first the Committee on Finance. and second time by unanimous con- SUBMISSION OF CONCURRENT AND EC–2094. A communication from the Chair- SENATE RESOLUTIONS man of the Medicare Payment Advisory sent, and referred as indicated: Commission, transmitting, pursuant to law, By Mr. THOMPSON: The following concurrent resolutions the Commission’s annual report for 1999; to S. 557. An original bill to provide guidance and Senate resolutions were read, and the Committee on Finance. for the designation of emergencies as a part referred (or acted upon), as indicated:

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3859 By Mr. DASCHLE (for Mr. LAUTEN- Mr. President, the gun industry has Unfortunately, the NRA’s drive BERG): long placed profits above the safety of against the legal rights of local com- S. Res. 59. A bill designating both July 2, society. The industry ignores numer- munities has already succeeded in at 1999, and July 2, 2000, as ‘‘National Literacy Day’’; to the Committee on the Judiciary. ous, patented safety devices for guns— least one state. In Georgia, the state even things as simple as an indicator of legislature has already passed a bill at f whether a gun is loaded. The distribu- the NRA’s request to retroactively STATEMENTS ON INTRODUCED tors of firearms also intentionally block the City of Atlanta’s suit. Mayor BILLS AND JOINT RESOLUTIONS flood certain markets with guns, know- Campbell has already asked the court By Mr. GRAMM: ing that the excess weapons will make system to throw out the legislature’s S. 559. A bill to designate the Federal their way into a nearby illegal market. unconstitutional action. building located at 33 East 8th Street The lawsuits by these courageous The NRA’s extremism has reached in Austin, Texas, as the ‘‘J.J. ‘Jake’ mayors will likely prove to be the most new heights in Florida. In that state Pickle Federal Building’’; to the Com- effective mechanism to get the Indus- legislature, a bill has been introduced mittee on Environment and Public try to alter their deadly practices. The that would not only block Miami- Works. reason is simple: it will bring the gun Dade’s lawsuit, but also declare Mayor J.J. ‘‘JAKE’’ PICKLE FEDERAL BUILDING merchants into line by striking where Penelas a felon! In the NRA’s world, a Mr. GRAMM. Mr. President, today I they are most sensitive—the bottom public official should be imprisoned for join with Senator KAY BAILEY line. acting to protect the safety of his or To aid this effort, the Gun Industry HUTCHISON in introducing a bill to her constituents. name the Austin, Texas federal build- Accountability Act will strengthen the Mr. President, here in Congress there hand of the cities in court against the ing in honor of a great Texan: Con- is already talk of Federal legislation to formidable firepower of the gun indus- block cities, counties and States from gressman J.J. ‘‘Jake’’ Pickle. Con- try and its team of high-priced law- asserting their rights in court. If such gressman Pickle became an institution yers. It will help these mayors in their a bill is introduced it will prove that in Washington, D.C. throughout his 30- quest to get the industry to lay down the era of Big Government is certainly year tenure in Congress, and his dedi- its weapons, come to the table and fi- not over. cation and service to the people of Aus- nally agree to behave as responsible Mr. President, I pledge that I will do tin and Central Texas continue today. I corporate citizens. all I can to make sure that bill will had the pleasure to serve with him in Mr. President, under current law, never pass the Senate. Senators DUR- the House of Representatives, and I these cities filing claims against the BIN, SCHUMER, REED and I will work hold him in high esteem for the man he gun industry are only able to recover tirelessly against such an unconscion- is and the spirit in which he served. the costs that their city or county has able proposal. Jake Pickle walked with giants like paid out due to gun violence. The Gun Congress should be helping these Lyndon Johnson and , Industry Accountability Act will local communities make their streets and he is a giant in his own right. I be- strengthen the mayors’ hands by allow- safer—not block them from accom- lieve that naming the federal building ing them to recover both the city’s plishing that goal. in Austin in Jake’s honor is a fitting costs for gun victims in their area as To that end, I urge my colleagues to tribute to his service on behalf of our well as the Federal costs associated join us in cosponsoring the Gun Indus- great state and in recognition of his with these same victims. If a city even- try Accountability Act. significant and ever-lasting contribu- tually recovers Federal costs, either Mr. President, I ask unanimous con- tions to our country. through a court judgment or settle- sent that the text of the bill be printed ment, then the city will be permitted in the RECORD. By Mr. DASCHLE (for Mr. LAU- to keep two thirds of the recovery and There being no objection, the bill was TENBERG (for himself, Mr. DUR- return the remaining one third to the ordered to be printed in the RECORD, as BIN, Mr. SCHUMER, and Mr. Federal Government. follows: REED)): By increasing the likely reward for S. 560 S. 560. A bill to reform the manner in bringing a lawsuit against firearms Be it enacted by the Senate and House of Rep- which firearms are manufactured and manufacturers, this legislation will resentatives of the United States of America in distributed by providing an incentive serve as an incentive for more cities, Congress assembled, to State and local governments to counties and States to join the fight to SECTION 1. SHORT TITLE. bring claims for the rising costs of gun hold the gun industry accountable. This Act may be cited as the ‘‘Gun Indus- try Accountability Act’’. violence in their communities; to the When our legislation passes, it will Committee on the Judiciary. SEC. 2. FINDINGS. force the industry to stare down the Congress makes the following findings: THE GUN INDUSTRY ACCOUNTABILITY ACT OF 1999 double barrel of local and federal liabil- Mr. LAUTENBERG. Mr. President, I (1) Across the Nation, local communities ity in these suits. are bringing rightful legal claims against the rise to introduce the Gun Industry Ac- Mr. President, the potential federal gun industry to seek changes in the manner countability Act of 1999 along with my liability is substantial. The National in which the industry conducts business in colleagues, Senators DURBIN, SCHUMER, Center for Injury Prevention and Con- the civilian market in those communities. and REED of Rhode Island. This legisla- trol tells us that 80 percent of the eco- (2) Since firearms are the only widely tion is aimed at one purpose: to force nomic costs of treating firearms inju- available consumer product designed to kill, the gun industry to market and manu- ries are paid for by taxpayers. firearm manufactures, distributors, and re- facture their products in a safer and Federal taxpayers pick up the tab for tailers have a special responsibility to take into account the health and safety of the more responsible manner. disability payments through SSI, Vet- Mr. President, on Thursday, March public in marketing firearms. erans Administration, Unemployment, (3) The gun industry has failed in this re- 4th I was joined at the announcement Medicare and other costs of treating sponsibility by engaging in practices that of this bill by Mayor Bill Campbell of victims of gun violence. have contributed directly to the terrible bur- Atlanta and Mayor Alex Penelas of Mr. President, despite these enor- den of firearm-related violence on society. Miami-Dade County. They represent mous costs, the gun industry and its (4) The gun industry has generally refused two of the now five jurisdictions that friends in the National Rifle Associa- to include numerous safety devices with have filed claims against the gun in- tion will go to any length to avoid ac- their products, including devices to prevent dustry on behalf of the taxpayers of countability. The NRA and its cor- the unauthorized use of a firearm, indicators their communities. They seek reim- porate members are seeking state and that a firearm is loaded, and child safety locks, and the absence of such safety devices bursement for the massive costs of gun federal legislation to take away the has rendered these products unreasonably violence within their borders and ulti- rights of mayors to safeguard their dangerous. mately, major changes in the way the citizens against unsafe products and ir- (5) The gun industry has also engaged in gun industry sells its lethal products. responsible marketing practices. distribution practices in which the industry

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oversupplies certain legal markets with fire- (3) EFFECT OF FAILURE TO ENTER APPEAR- (C) 1⁄3 may be used by the State or unit of arms with the knowledge that the excess ANCE OR PROCEED WITH THE ACTION.—If a local government in the discretion of the firearms will be distributed into nearby ille- State or unit of local government serves the State or unit of local government. gal markets. Attorney General under paragraph (1), the (h) EFFECTIVE DATE.— (6) According to the National Center for In- State of unit of local government may re- (1) IN GENERAL.—Subject to paragraph (2), jury Prevention and Control— cover Federal damages under this section this section only applies to an action de- (A) at least 80 percent of the economic only if the Attorney General— scribed in subsection (a) that is filed on or costs of treating firearms injuries are paid (A) fails to enter an appearance in the ac- after the date of enactment of this Act. for by taxpayer dollars; and tion in accordance with paragraph (2) or (2) AMENDMENT OF COMPLAINT IN PENDING (B) in 1990, firearm injuries resulted in gives written notice to the court of an intent ACTIONS.—This section applies to an action costs of more than $24,000,000,000 in hospital not to enter the action; or described in subsection (a) that is filed be- and other medical care for long-term dis- (B) does not proceed with the action before fore the date of enactment of this Act, if— ability and premature death. the expiration of the 6-month period (or such (A) as of such date of enactment, there has SEC. 3. DEFINITIONS. addition period as the court may allow after been no dismissal, compromise, or other In this Act: notice) beginning on the date on which the final disposition of the action; and (1) FEDERAL DAMAGES.—The term ‘‘Federal Attorney General enters an appearance (B) after such date of enactment, the State damages’’ means the amount of damages sus- under paragraph (2). or unit of local government amends the com- tained by the Federal Government as a re- (4) LIMITATION.—If the Attorney General plaint to include relief for Federal damages sult of the sale, distribution, use or misuse enters an appearance under paragraph (2) pursuant to this section. of a firearm (including gun violence) includ- and proceeds with the action before the expi- ing damages relating to medical expenses, ration of the 6-month period described in By Mr. HARKIN (for himself, Mr. the costs of continuing care and disabilities, paragraph (3)(B), the State or unit of local BINGAMAN, Mrs. MURRAY, Mr. law enforcement expenses, and lost wages. government may not recover Federal dam- JOHNSON, and Mr. DORGAN): (2) FIREARM.—The term ‘‘firearm’’ has the ages under this section. S. 562. A bill to provide for a com- meaning given the term in section 921 of (d) PREVENTION OF DUAL RECOVERY OF FED- prehensive, coordinated effort to com- title 18, United States Code. ERAL DAMAGES.—If there is a conflict be- tween a State and 1 or more units of local bat methamphetamine abuse, and for (3) GUN VIOLENCE.—The term ‘‘gun vio- other purposes; to the Committee on lence’’ means any offense under Federal or government within the State over which ju- State law that— risdiction may recover Federal damages the Judiciary. (A) constitutes a crime of violence (as de- under this section on behalf of a certain area COMPREHENSIVE METHAMPHETAMINE ABUSE fined in section 16 of title 18, United States in the State, only the first jurisdiction to REDUCTION ACT OF 1999 Code); and file an action described in subsection (a) may Mr. HARKIN. Mr. President, I rise to (B) involves the use of a firearm. recover those Federal damages. make a few remarks concerning Meth- (e) FEDERAL RIGHT TO DAMAGES IN OTHER (4) MANUFACTURER.—The term ‘‘manufac- amphetamine reduction legislation the ACTIONS.—The recovery of Federal damages turer’’ has the meaning given the term in Senator from the State of New Mexico section 921 of title 18, United States Code; by a State or unit of local government under (5) STATE.—The term ‘‘State’’ means each this section may not be construed to waive and I are introducing today. of the several States of the United States, any right of the Federal Government to re- Methamphetamine is fast becoming a the District of Columbia, the Commonwealth cover other Federal damages in an action by leading illegal drug in our Nation. of Puerto Rico, the Virgin Islands, Guam, the Attorney General. From quiet suburbs, to city streets, to American Samoa, and the Commonwealth of (f) DISMISSAL OR COMPROMISE.— the corn rows of Iowa, meth destroys the Northern Mariana Islands. (1) IN GENERAL.—In an action for Federal thousands of lives and families every (6) UNIT OF LOCAL GOVERNMENT.—The term damages brought by a State or unit of local government under this section— year. ‘‘unit of local government’’ means any city, This highly addictive drug is reach- town, township, county, parish, village, or (A) the action may not be dismissed or other general purpose political subdivision of compromised without the approval of the ing epidemic proportions as it sweeps a State. court; and from the west coast, ravages the Mid- SEC. 4. RECOVERY OF FEDERAL DAMAGES BY (B) notice of the proposed dismissal or west, and begins to touch the East. To STATES AND UNITS OF LOCAL GOV- compromise shall be given to the Attorney illustrate the violence it elicits in peo- ERNMENT SEEKING FEDERAL DAM- General in such manner as the court directs. ple, methamphetamine is cited as a AGES. (2) COURT APPROVAL.—In approving the dis- contributing factor in 80 percent of do- (a) IN GENERAL.—In any civil action by a missal or compromise of an action described mestic violence cases in Iowa and a State or unit of local government against a in paragraph (1), the court shall— manufacturer of firearms to recover damages (A) state whether the dismissal or com- leading factor in a majority of violent relating to the sale, distribution, use or mis- promise is with or without prejudice to the crimes committed in the State. use of a firearm (including gun violence) in right of the Federal Government to bring an In 1996, I was proud to be an original the State or unit of local government, the action for the Federal damages at issue; and cosponsor of the Methamphetamine State or unit of local government may, in (B) determine the percentage of any Control Act, which has done some addition to other damages, recover any Fed- amount recovered by the State or unit of good. However, in talking to local en- eral damages associated with the claim as local government that represents Federal forcement and concerned citizens provided in this section. damages. across Iowa and the Midwest, its obvi- (b) FEDERAL ACTIONS.—If the Attorney (g) DISTRIBUTION AND USE OF FEDERAL DAM- General files an action against a manufac- AGES RECOVERED.—Of the total amount of ous that the methamphetamine prob- turer of firearms to recover Federal dam- Federal damages recovered by a State or lem has exploded beyond anything we ages, a State or unit of local government local government under this section (includ- envisioned in 1996. may not recover those Federal damages ing any amount recovered pursuant to a dis- The number of meth arrests, court under this section in any action filed on or missal or compromise under subsection (f))— cases, and confiscation on labs con- after the date on which the Attorney Gen- (1) 1⁄3 shall be paid to the Federal Govern- tinues to escalate. In the Midwest eral files that action. ment, to be used for crime prevention, men- alone, the number of clandestine meth (c) ACTIONS BROUGHT BY A STATE OR UNIT toring programs, and firearm injury preven- labs confiscated and destroyed for 1998 OF LOCAL GOVERNMENT.— tion research and activities; and is five times the number confiscated (1) NOTICE OF CIVIL ACTION.—A State or (2) 2⁄3 shall be retained by the State or unit unit of local government seeking to recover of local government, of which— and destroyed in 1997. The cost of Federal damages under this section shall (A) 1⁄3 shall be used for— cleanup for each lab ranges from $5,000 serve a copy of the complaint on Attorney (i) law enforcement activities; to $90,000 and creates a toxic trap to General in accordance with rule 4 of the Fed- (ii) families of law enforcement officers in- law enforcement officers and children eral Rules of Civil Procedure. jured or killed in the line of duty as a result who find them. (2) ENTRY OF APPEARANCE.—If the Attorney of gun violence; and Mr. President, the Midwest is not General is served under paragraph (1), the (iii) a compensation fund for the victims of alone in this battle. The impact of this Attorney General may proceed with the ac- gun violence; and epidemic has reached the West and tion by entering an appearance before the ex- (B) 1⁄3 shall be used for education (reduce piration of the 30-day period beginning on class size, school modernization, after Southwest, including the state of New the date on which the Attorney General is school, summer school, and tutoring), child Mexico. In Albuquerque alone, law en- served under paragraph (1). care, or children’s health care; and forcement has seized four times as

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3861 much meth last year as they did in the S. 562 tion with other Federal agencies, to support previous year, and they have identified Be it enacted by the Senate and House of Rep- and conduct periodic analyses and evalua- and shut down twice as many meth resentatives of the United States of America in tions of effective prevention programs for labs as they had in the previous year. Congress assembled, methamphetamine abuse and addiction and the development of appropriate strategies New Mexico has also seen an increase SECTION 1. SHORT TITLE. (a) SHORT TITLE.—This Act may be cited as for disseminating information about and im- in meth trafficking on the New Mexico- the ‘‘Comprehensive Methamphetamine plementing these programs. Mexico border, as have the States of Abuse Reduction Act’’. ‘‘(B) ANNUAL REPORTS.—The Director shall Arizona and California. SEC. 2. EXPANDING METHAMPHETAMINE ABUSE submit to the Committee on Health, Edu- The problem has spread to the rural PREVENTION EFFORTS. cation, Labor, and Pensions and the Com- communities and my colleague, Sen- Section 515 of the Public Health Service mittee on Appropriations of the Senate and the Committee on Commerce and Committee ator BINGAMAN, is concerned that the Act (42 U.S.C. 290bb–21) is amended by adding on Appropriations of the House of Represent- cheap cost of meth will threaten Amer- at the end the following: ‘‘(e) PREVENTION OF METHAMPHETAMINE atives, an annual report with the results of ica’s youth with yet another life- ABUSE AND ADDICTION.— the analyses and evaluation under subpara- threatening drug. ‘‘(1) GRANTS.—The Director of the Center graph (A). That’s why today, Senator BINGAMAN for Substance Abuse Prevention (referred to ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— and I are introducing the Comprehen- in this section as the ‘Director’) may make There is authorized to be appropriated to sive Methamphetamine Abuse Reduc- grants to and enter into contracts and coop- carry out paragraph (1), $20,000,000 for fiscal erative agreements with public and nonprofit year 2000, and such sums as may be necessary tion Act of 1999. Senators MURRAY and private entities to enable such entities— for each succeeding fiscal year.’’. JOHNSON are cosponsoring this meas- ‘‘(A) to carry out school-based programs SEC. 3. EXPANDING CRIMINAL PENALTIES AND ure. A similar bill is being introduced concerning the dangers of methamphetamine LAW ENFORCEMENT FUNDING. in the House by Congressman BOSWELL. abuse and addiction, using methods that are (a) SWIFT AND CERTAIN PUNISHMENT OF This legislation takes a comprehen- effective and evidence-based, including ini- METHAMPHETAMINE LABORATORY OPERA- sive, common sense approach in bat- tiatives that give students the responsibility TORS.— tling this growing epidemic. It calls for to create their own anti-drug abuse edu- (1) FEDERAL SENTENCING GUIDELINES.— an increase in resources to law enforce- cation programs for their schools; and (A) IN GENERAL.—Pursuant to its authority ment working through the High Inten- ‘‘(B) to carry out community-based meth- under section 994(p) of title 28, United States amphetamine abuse and addiction preven- Code, the United States Sentencing Commis- sity Drug Trafficking Area (HIDTA) tion programs that are effective and evi- sion shall promulgate Federal sentencing program and establishes swift and cer- dence-based. guidelines or amend existing Federal sen- tain penalties for those producing and ‘‘(2) USE OF FUNDS.—Amounts made avail- tencing guidelines for any offense relating to peddling meth. It also reauthorizes and able under a grant, contract or cooperative the manufacture, attempt to manufacture, expands drug courts to help nonviolent agreement under paragraph (1) shall be used or conspiracy to manufacture amphetamine drug abusers rid themselves of an ad- for planning, establishing, or administering or methamphetamine in violation of the diction that leads them to other methamphetamine prevention programs in Controlled Substances Act (21 U.S.C. 801 et crimes. accordance with paragraph (3). seq.), the Controlled Substances Import and ‘‘(3) PREVENTION PROGRAMS AND ACTIVI- Export Act (21 U.S.C. 951 et seq.), or the Mar- Our legislation expands school and TIES.— itime Drug Law Enforcement Act (46 U.S.C. community-based prevention efforts at ‘‘(A) IN GENERAL.—Amounts provided under App. 1901 et seq.) in accordance with this the local level—targeting those areas this subsection may be used— paragraph. that need it the most. That includes ‘‘(i) to carry out school-based programs (B) REQUIREMENTS.—In carrying out this funding to allow students to develop that are focused on those districts with high paragraph, the United States Sentencing their own anti-meth education pro- or increasing rates of methamphetamine Commission shall, with respect to each of- grams to teach their school peers about abuse and addiction and targeted at popu- fense described in subparagraph (A)— lations which are most at risk to start meth- (i) increase the base offense level for the the destructive effects of this drug. amphetamine abuse; offense— This proposal calls on the National ‘‘(ii) to carry out community-based preven- (I) by not less than 3 offense levels above Institute on Drug Abuse to find exactly tion programs that are focused on those pop- the applicable level in effect on the date of what makes methamphetamine so very ulations within the community that are enactment of this Act; or addictive—especially to our young peo- most at-risk for methamphetamine abuse (II) if the resulting base offense level after ple—and the best methods for beating and addiction; an increase under subclause (II) would be less the addiction. ‘‘(iii) to assist local government entities to than level 27, to not less than level 27; or conduct appropriate methamphetamine pre- (ii) if the offense created a substantial risk Finally, the bill calls for a joint stra- vention activities; of danger to the health and safety of another tegic plan and national conference in- ‘‘(iv) to train and educate State and local person (including any Federal, State, or volving local, State and Federal law law enforcement officials, prevention and local law enforcement officer lawfully enforcement, education, health and education officials, members of community present at the location of the offense, in- elected officials to discuss solutions to anti-drug coalitions and parents on the signs crease the base offense level for the offense— stop the spread and use of this deadly of methamphetamine abuse and addiction (I) by not less than 6 offense levels above drug. and the options for treatment and preven- the applicable level in effect on the date of tion; enactment of this Act; or Mr. President, I believe that we have ‘‘(v) for planning, administration, and edu- (II) if the resulting base offense level after a window of opportunity as a nation to cational activities related to the prevention an increase under clause (i) would be less take a stand right now to defeat this of methamphetamine abuse and addiction; than level 30, to not less than level 30. scourge. Every day, meth infiltrates ‘‘(vi) for the monitoring and evaluation of (C) EMERGENCY AUTHORITY TO SENTENCING our city streets and rural towns, lead- methamphetamine prevention activities, and COMMISSION.—The United States Sentencing ing more and more people down a path reporting and disseminating resulting infor- Commission shall promulgate the guidelines of personal destruction. Families are mation to the public; and or amendments provided for under this para- being devastated and communities are ‘‘(vii) for targeted pilot programs with graph as soon as practicable after the date of evaluation components to encourage innova- enactment of this Act in accordance with the fighting an uphill battle against this tion and experimentation with new meth- procedure set forth in section 21(a) of the powerful drug. The time is now to odologies. Sentencing Act of 1987 (Public Law 100–182), make a stand to protect our commu- ‘‘(B) PRIORITY.—The Director shall give as though the authority under that Act had nities and schools by passing this legis- priority in making grants under this sub- not expired. lation. section to rural and urban areas that are ex- (2) EFFECTIVE DATE.—The amendments Mr. President, I ask unanimous con- periencing a high rate or rapid increases in made pursuant to this subsection shall apply sent that the text of the bill be printed methamphetamine abuse and addiction. with respect to any offense occurring on or ‘‘(4) ANALYSES AND EVALUATION.— after the date that is 60 days after the date in the RECORD. ‘‘(A) IN GENERAL.—Not less than $500,000 of of enactment of this Act. There being no objection, the bill was the amount available in each fiscal year to (b) INCREASED RESOURCES FOR LAW EN- ordered to be printed in the RECORD, as carry out this subsection shall be made FORCEMENT.—There are authorized to be ap- follows: available to the Director, acting in consulta- propriated to the Office of National Drug

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3862 CONGRESSIONAL RECORD—SENATE March 8, 1999 Control Policy to combat the trafficking of on Appropriations of the Senate and the ‘‘(B) referral to a community-based treat- methamphetamine in areas designated by Committee on Commerce and Committee on ment facility; the Director of National Drug Control Policy Appropriations of the House or Representa- ‘‘(C) diversion, probation, or other super- as high intensity drug trafficking areas— tives, an annual report with the results of vised release involving the possibility of (1) $35,000,000 for fiscal year 2000; and the analyses and evaluation conducted under prosecution, confinement, or incarceration (2) such sums as may be necessary for each subparagraph (A). based on noncompliance with program re- of fiscal years 2001 through 2005; ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— quirements or failure to show satisfactory of which not less than $5,000,000 shall be used There is authorized to be appropriated to progress; and in each fiscal year to provide assistance to carry out paragraph (1), $20,000,000 for fiscal ‘‘(D) programmatic, offender management, drug analysis laboratories in areas with a year 2000, and such sums as may be necessary and aftercare services such as relapse pre- high rate of methamphetamine abuse or ad- for each succeeding fiscal year.’’. vention, health care, education, vocational diction. SEC. 5. EXPANDING METHAMPHETAMINE RE- training, job placement, housing placement, SEC. 4. TREATMENT OF METHAMPHETAMINE SEARCH. and child care or other family support serv- ABUSE. Section 464N of the Public Health Service ices for each participant who requires such Section 507 of the Public Health Service Act (42 U.S.C. 285o–2) is amended by adding services. Act (42 U.S.C. 290bb) is amended by adding at at the end the following: ‘‘SEC. 2202. PROHIBITION OF PARTICIPATION BY the end the following: ‘‘(c) METHAMPHETAMINE RESEARCH.— VIOLENT OFFENDERS. ‘‘(d) TREATMENT OF METHAMPHETAMINE ‘‘(1) GRANTS.—The Director of the Institute ‘‘The Attorney General shall— ABUSE AND ADDICTION.— may make grants to expand interdisciplinary ‘‘(1) issue regulations and guidelines to en- ‘‘(1) GRANTS.—The Director of the Center research relating to methamphetamine sure that the programs authorized in this for Substance Abuse Treatment (referred to abuse and addiction and other biomedical, part do not permit participation by violent in this section as the ‘Director’) may make behavioral and social issues related to meth- offenders; and grants to and enter into contracts and coop- amphetamine abuse and addiction. ‘‘(2) immediately suspend funding for any erative agreements with public and nonprofit ‘‘(2) USE OF FUNDS.—Amounts made avail- grant under this part, pending compliance, if private entities for the purpose of expanding able under a grant under paragraph (1) may the Attorney General finds that violent of- activities for the treatment of methamphet- be used to conduct interdisciplinary research fenders are participating in any program amine abuse and addiction as well as for the and clinical trials with treatment centers on funded under this part. treatment of methamphetamine addicts who methamphetamine abuse and addiction, in- ‘‘SEC. 2203. DEFINITION. also abuse other illegal drugs. cluding research on— ‘‘In this part, the term ‘violent offender’ ‘‘(2) USE OF FUNDS.—Amounts made avail- ‘‘(A) the effects of methamphetamine means a person who— able under a grant, contract or cooperative abuse on the human body; ‘‘(1) is charged with or convicted of an of- agreement under paragraph (1) shall be used ‘‘(B) the addictive nature of methamphet- fense, during the course of which offense— for planning, establishing, or administering amine and how such effects differ with re- ‘‘(A) the person carried, possessed, or used methamphetamine treatment programs in spect to different individuals; a firearm or dangerous weapon; accordance with paragraph (3). ‘‘(C) the connection between methamphet- ‘‘(B) there occurred the death of or serious ‘‘(3) TREATMENT PROGRAMS AND ACTIVI- amine abuse and mental illness; bodily injury to any person; or TIES.— ‘‘(D) the identification and evaluation of ‘‘(C) there occurred the use of force against ‘‘(A) IN GENERAL.—Amounts provided under the most effective methods of prevention of the person of another, methamphetamine abuse and addiction; this subsection may be used for— without regard to whether any of the cir- ‘‘(E) the identification and development of ‘‘(i) evidence-based programs designed to cumstances described in subparagraph (A), the most effective methods of treatment of assist individuals to quit their use of meth- (B), or (C) is an element of the offense of methamphetamine addiction, including amphetamine and remain drug-free; which or for which the person is charged or pharmacological treatments; ‘‘(ii) training in recognizing and referring convicted; or ‘‘(F) risk factors for methamphetamine methamphetamine abuse and addiction for ‘‘(2) has 1 or more prior convictions for a abuse; health professionals, including physicians, felony crime of violence involving the use or ‘‘(G) effects of methamphetamine abuse nurses, dentists, health educators, public attempted use of force against a person with and addiction on pregnant women and their health professionals, and other health care the intent to cause death or serious bodily fetuses; providers; harm. ‘‘(H) cultural, social, behavioral, neuro- ‘‘(iii) planning, administration, and edu- ‘‘SEC. 2204. ADMINISTRATION. logical and psychological reasons that indi- cational activities related to the treatment ‘‘(a) CONSULTATION.—The Attorney General viduals abuse methamphetamine, or refrain of methamphetamine abuse and addiction; shall consult with the Secretary of Health from abusing methamphetamine. ‘‘(iv) the monitoring and evaluation of and Human Services and any other appro- ‘‘(3) RESEARCH RESULTS.—The Director methamphetamine treatment activities, and priate officials in carrying out this part. shall promptly disseminate research results reporting and disseminating resulting infor- ‘‘(b) USE OF COMPONENTS.—The Attorney mation to health professionals and the pub- under this subsection to Federal, State and General may utilize any component or com- lic; local entities involved in combating meth- ponents of the Department of Justice in car- ‘‘(v) targeted pilot programs with evalua- amphetamine abuse and addiction. rying out this part. tion components to encourage innovation ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) REGULATORY AUTHORITY.—The Attor- and experimentation with new methodolo- There is authorized to be appropriated to ney General may issue regulations and gies; and carry out paragraph (1), such sums as may be guidelines necessary to carry out this part. ‘‘(vi) coordination with the Center for Men- necessary for each fiscal year.’’. ‘‘(d) APPLICATIONS.—In addition to any tal Health Services on the connection be- SEC. 6. DRUG COURTS. other requirements that may be specified by tween methamphetamine abuse and addic- (a) IN GENERAL.—Title I of the Omnibus the Attorney General, an application for a tion and mental illness. Crime Control and Safe Streets Act of 1968 grant under this part shall— ‘‘(B) PRIORITY.—The Director shall give (42 U.S.C. 3711 et seq.) is amended by insert- ‘‘(1) include a long-term strategy and de- priority in making grants under this sub- ing after part U the following: tailed implementation plan; section to rural and urban areas that are ex- ‘‘PART V—DRUG COURTS ‘‘(2) explain the inability of the applicant periencing a high rate or rapid increases in ‘‘SEC. 2201. GRANT AUTHORITY. to fund the program adequately without Fed- methamphetamine abuse and addiction. ‘‘The Attorney General may make grants eral assistance; ‘‘(4) ANALYSES AND EVALUATION.— to States, State courts, local courts, units of ‘‘(3) certify that the Federal support pro- ‘‘(A) IN GENERAL.—Not more than $1,000,000 local government, and Indian tribal govern- vided will be used to supplement, and not of the amount available in each fiscal year ments, acting directly or through agree- supplant, State, Indian tribal, and local to carry out this subsection shall be made ments with other public or private entities, sources of funding that would otherwise be available to the Director, acting in consulta- for programs that involve— available; tion with other Federal agencies, to support ‘‘(1) continuing judicial supervision over ‘‘(4) identify related governmental or com- and conduct periodic analyses and evalua- offenders with substance abuse problems who munity initiatives which complement or will tions of effective treatments for meth- are not violent offenders; and be coordinated with the proposal; amphetamine abuse and addiction and the ‘‘(2) the integrated administration of other ‘‘(5) certify that there has been appropriate development of appropriate strategies for sanctions and services, which shall include— consultation with all affected agencies and disseminating information about and imple- ‘‘(A) mandatory periodic testing for the that there will be appropriate coordination menting treatment services. use of controlled substances or other addict- with all affected agencies in the implementa- ‘‘(B) ANNUAL REPORT.—The Director shall ive substances during any period of super- tion of the program; submit to the Committee on Health, Edu- vised release or probation for each partici- ‘‘(6) certify that participating offenders cation, Labor, and Pensions and Committee pant; will be supervised by 1 or more designated

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3863 judges with responsibility for the drug court Methamphetamine Abuse and Treatment to and a competitive advantage to one program; gather, discuss and disseminate information vessel at the expense of its competitors ‘‘(7) specify plans for obtaining necessary concerning— and it should be repealed. support and continuing the proposed pro- (1) the history of the methamphetamine Mr. President, the granting of this epidemic in the United States; gram following the conclusion of Federal waiver is detrimental to other dredgers support; and (2) the progress that has been made by Fed- ‘‘(8) describe the methodology that will be eral, State and local law enforcement, pre- on the Great Lakes and elsewhere who used in evaluating the program. vention and treatment authorities in com- are abiding by U.S. law and U.S. Cus- ‘‘SEC. 2205. APPLICATIONS. batting such epidemic; and toms Service interpretations of the ‘‘In order to request a grant under this (3) future strategies to— Jones Act. The hopper dredge vessel part, the chief executive or the chief justice (A) reduce methamphetamine abuse and Columbus, the vessel seeking the waiv- of a State or the chief executive or chief addiction in regions of the United States er, was challenged by a competitor for judge of a unit of local government or Indian where methamphetamine is an emerging or violating the Jones Act because it was tribal government shall submit an applica- exiting problem; and (B) block efforts to introduce methamphet- performing dredging work that was not tion to the Attorney General in such form allowed under that Act. That challenge and containing such information as the At- amine into other regions of the United torney General may reasonably require. States. was upheld by the U.S. Customs Serv- (b) PARTICIPANTS.—The Secretary of ice. However, instead of abiding by or ‘‘SEC. 2206. FEDERAL SHARE. Health and Human Services shall ensure that appealing the Customs Service ruling, ‘‘(a) IN GENERAL.—The Federal share of a the participants in the conference under sub- grant under this part may not exceed 75 per- a legislative waiver was sought to cir- section (a) include— cumvent that ruling. The waiver was cent of the total costs of the program de- (1) the Secretary; scribed in the application submitted under (2) the Attorney General; granted by the House, but not the Sen- section 2205 for the fiscal year for which the (3) the Director of the Office of National ate because the Senate passed Coast program receives assistance under this part, Drug Control Policy; Guard authorization bill did not con- unless the Attorney General waives, wholly (4) various elected officials; tain this discriminatory provision. or in part, the requirement of a matching (5) Federal, State and local law enforce- The only reason this waiver was in- contribution under this section. ment, education, drug treatment and oper- cluded in the final Coast Guard author- ‘‘(b) IN-KIND CONTRIBUTIONS.—In-kind con- ation providers or organizations that rep- ization bill was due to the cir- tributions may be used to constitute the resent such providers, and health research non-Federal share of a grant under this part. cumstances under which that bill was officials; and considered. Under normal cir- ‘‘SEC. 2207. GEOGRAPHIC DISTRIBUTION. (6) other individuals determined appro- ‘‘Subject to subsection (b), the Attorney priate by the Secretary. cumstances, I believe the Senate would General shall ensure that, to the extent SEC. 8. COMPREHENSIVE METHAMPHETAMINE have removed this controversial provi- practicable, an equitable geographic dis- REDUCTION STRATEGIC PLAN. sion from the final bill. tribution of grant awards is made under this Not later than 1 year after the date of en- At the time of the Senate vote on the part. actment of this Act, the Attorney General, Coast Guard Authorization Conference ‘‘SEC. 2208. REPORT. jointly with the Secretary of Education and Report, I engaged in a colloquy with ‘‘A State, Indian tribal government, or the Director of the Office of National Drug my colleagues Senators SNOWE and Control Policy and the Secretary of Health unit of local government that receives a MCCAIN. In that colloquy, they agreed and Human Services, shall develop a com- grant under this part during a fiscal year to work with me to repeal this waiver shall submit to the Attorney General a re- prehensive strategic plan to combat the port in March of the following fiscal year re- methamphetamine problem in the United as early as possible in 1999. The legisla- garding the use of funds under this part. States. Such plan shall include activities tion I am introducing today with my ‘‘SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, with respect to prevention, law enforcement, colleague from Michigan, Senator AND EVALUATION. education, treatment, and health research ABRAHAM, will do exactly that. targeted at methamphetamine use, abuse ‘‘(a) TECHNICAL ASSISTANCE AND TRAIN- Mr. President, I ask unanimous con- and addiction in the 21st century. ING.—The Attorney General may provide sent that the text of the bill be printed technical assistance and training in further- By Mr. LEVIN (for himself and in the RECORD. ance of the purposes of this part. There being no objection, the bill was ‘‘(b) EVALUATIONS.—In addition to any Mr. ABRAHAM): S. 563. A bill to repeal a waiver that ordered to be printed in RECORD, as fol- evaluation requirements that may be pre- lows: scribed for grantees, the Attorney General permitted the issuance of a certificate may carry out or make arrangements for of documentation with endorsement for S. 563 evaluations of programs that receive support employment in the coastwise trade of Be it enacted by the Senate and House of Rep- under this part. the vessel Columbus, and for other pur- resentatives of the United States of America in ‘‘(c) ADMINISTRATION.—The technical as- poses; to the Committee on Commerce, Congress assembled, sistance, training, and evaluations author- Science, and Transportation. SECTION 1. REPEAL OF WAIVER. ized by this section may be carried out di- (a) IN GENERAL.—Section 403 of the Coast JONES ACT WAIVER FOR THE VESSEL rectly by the Attorney General, in collabora- Guard Authorization Act of 1997 (Public Law ‘‘COLUMBUS’’ tion with the Secretary of Health and 105–383) is amended by striking subsection Human Services, or through grants, con- Mr. LEVIN. Mr. President, I intro- (e). tracts, or other cooperative arrangements duce today legislation to repeal the (b) ACTION BY THE SECRETARY OF TRANS- with other entities.’’. Jones Act waiver contained in last PORTATION.—If, before the date of enactment (b) AUTHORIZATION OF APPROPRIATIONS.— year’s Coast Guard Authorization bill of this Act, the Secretary of Transportation Section 1001(a) of title I of the Omnibus for the vessel Columbus. issued a certificate of documentation with Crime Control and Safe Streets Act of 1968 Mr. President, I had serious objec- endorsement for employment in the coast- (42 U.S.C. 3793(a)) is amended by inserting wise trade for the vessel COLUMBUS (United tions to a provision in last year’s Coast States official number 590658) under section after paragraph (19) the following: Guard Authorization bill that was in- ‘‘(20) There are authorized to be appro- 403(e) of the Coast Guard Authorization Act priated to carry out part V, such sums as serted in the House bill in a managers’ of 1997 (Public Law 105–383)— may be necessary for each of the fiscal years amendment with no hearings or vote in (1) that certificate shall be null and void; 2000 through 2004, of which not less than the Senate. This provision granted a and $10,000,000 shall be set aside for each fiscal waiver of existing law for a single ves- (2) the Secretary shall issue a revised cer- year for assistance to communities with dis- sel operating on the Great Lakes and tificate of documentation for that vessel proportionately high or increasing rates of elsewhere against the wishes of both that is consistent with the limitations on methamphetamine abuse and addiction.’’. the operation of that vessel that applied to Michigan Senators and other Senators that vessel on the day before the date of en- SEC. 7. NATIONAL CONFERENCE ON METH- and in circumvention of a Customs AMPHETAMINE ABUSE AND TREAT- actment of the Coast Guard Authorization MENT. Service ruling regarding the type of Act of 1997 (Public Law 105–383). (a) IN GENERAL.—Not later than 1 year dredge work this vessel is allowed to after the date of enactment of this Act, the perform. By Mr. COVERDELL (for himself, Secretary of Health and Human Services This waiver is a discriminatory pro- Mrs. FEINSTEIN, Mr. DEWINE. shall convene a National Conference on vision which gives special treatment Mr. TORRICELLI, and Mr. LOTT):

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3864 CONGRESSIONAL RECORD—SENATE March 8, 1999 S. 565. A bill to provide for the treat- barriers and secure for farmers the the most important thing we as Con- ment of the actions of certain foreign ability to export their products abroad. gress can do for our farmers. I ask narcotics traffickers as an unusual and By enacting the 1996 FAIR Act, com- unanimous consent that the legislation extraordinary threat to the United monly known as Freedom to Farm, we be printed in the RECORD. States for purposes of the Inter- gave farmers to freedom to make There being no objection, the bill was national Emergency Economic Powers planting decisions for themselves, free ordered to be printed in the RECORD, as Act; to the Committee on Banking, from government controls. However, follows: Housing, and Urban Affairs. Freedom to Farm is a compact. Free- S. 566 TREATMENT OF THE ACTIONS OF CERTAIN FOR- dom to Farm means freedom to export, Be it enacted by the Senate and House of Rep- EIGN NARCOTICS TRAFFICKERS AS AN UN- and in exchange for phasing out sub- resentatives of the United States of America in USUAL AND EXTRAORDINARY THREAT TO THE sidies, Congress committed to secure Congress assembled, UNITED STATES free, fair and open markets for our SECTION 1. SHORT TITLE. Mr. COVERDELL. Mr. President, I farmer’s exports. This legislation will This Act may be cited as the ‘‘Agricultural am pleased to join my colleague from improve opportunities to export at a Trade Freedom Act’’. California, Senator FEINSTEIN, in intro- time when such opportunities are more SEC. 2. DEFINITIONS. ducing a bill that targets one of Amer- important than ever for U.S. agri- In this Act, the terms ‘‘agricultural com- ica’s most dangerous and real national culture. modity’’ and ‘‘United States agricultural security threats—the international No sector of the economy is more re- commodity’’ have the meanings given the drug cartels. I am also pleased that liant on international trade than agri- terms in section 102 of the Agricultural Senator DEWINE, Senator LOTT, and culture. Approximately three out of Trade Act of 1978 (7 U.S.C. 5602). Senator TORRICELLI have agreed to co- ten acres of domestic agriculture pro- SEC. 3. AGRICULTURAL COMMODITIES, LIVE- STOCK, AND PRODUCTS EXEMPT sponsor this important legislation. duction are sold in markets outside of FROM SANCTIONS. These drug cartels, through their in- the U.S. and agricultural exports make Title IV of the Agricultural Trade Act of volvement in illegal drug trafficking, a positive impact on our international 1978 (7 U.S.C. 5661 et seq.) is amended by add- money laundering, arms trafficking balance of payments. Despite this suc- ing at the end the following: and the violence related to these ac- cess, a great deal of untapped export ‘‘SEC. 418. AGRICULTURAL COMMODITIES, LIVE- tivities, pose a threat to the political potential still exists. Farmers are reli- STOCK, AND PRODUCTS EXEMPT and economic stability of countries in ant on the ability to export and this FROM SANCTIONS. this hemisphere. More importantly legislation will enhance that ability. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) CURRENT SANCTION.—The term ‘current they threaten the citizens of this coun- Barriers need to be removed—barriers sanction’ means a unilateral economic sanc- try by preying on our children. we impose on ourselves and barriers tion that is in effect on the date of enact- That is why it is so important that imposed by others. ment of the Agricultural Trade Freedom we introduce this bill today—to com- This legislation addresses several Act. bat the drug cartels and move one step items but none is more important than ‘‘(2) NEW SANCTION.—The term ‘new sanc- forward in the war on drugs. This bill sanctions. This legislation exempts tion’ means a unilateral economic sanction codifies and expand a 1995 Executive commercial agricultural exports from that becomes effective after the date of en- Order created under the International unilateral economic sanctions. We im- actment of that Act. Emergency Economic Powers Act ‘‘(3) UNILATERAL ECONOMIC SANCTION.—The pose export barriers on ourselves when term ‘unilateral economic sanction’ means (IEEPA), which targeted Colombia we unilaterally sanction foreign coun- any prohibition, restriction, or condition on drug traffickers. The bill will expand tries. Such sanctions do not preclude economic activity, including economic as- the existing Executive Order to include the targeted country from looking else- sistance, with respect to a foreign country or other foreign drug traffickers consid- where for agricultural commodities. foreign entity that is imposed by the United ered a threat to our national security. U.S. competitors quickly fill the void States for reasons of foreign policy or na- The bill freezes the assets of identified left when the U.S. denies itself market tional security, except in a case in which the drug traffickers, their associates, and access. Sales are lost and our status as United States imposes the measure pursuant their related businesses. It also pro- to a multilateral regime and the other mem- a reliable business partner suffers. We bers of that regime have agreed to impose hibits these individuals and organiza- often do more harm to ourselves than substantially equivalent measures. tions from conducting any financial or we do to the target country. Unilateral ‘‘(b) EXEMPTION.— commercial dealings with the United sanctions have cost billions of dollars ‘‘(1) IN GENERAL.—Subject to paragraphs (2) States. in U.S. income and have cost thousands and (3) and notwithstanding any other provi- Our goal is to isolate the leaders of of U.S. jobs. We must end the practice sion of law, agricultural commodities made the drug cartels and prevent them from of closing foreign markets for our own available as a result of commercial sales doing business with the United States. exports at a time when such exports shall be exempt from a unilateral economic By stopping the drug kingpins’s ability sanction imposed by the United States on are more vital than ever for agri- another country. to benefit from the U.S. market and culture in this country. ‘‘(2) EXCLUSIONS.—Paragraph (1) shall not from practices that enable them to sell Apart from sanctions, a number of apply to agricultural commodities made drugs to our nation’s children, we are barriers are imposed on U.S. farm ex- available as a result of programs carried out taking an important step to eliminate ports by other countries. The World under— the scourge of illegal drugs. Trade Organization will hold an impor- ‘‘(A) the Agricultural Trade Development tant round of agricultural negotiations and Assistance Act of 1954 (7 U.S.C. 1691 et By Mr. LUGAR: later this year in Seattle. These nego- seq.); S. 566. A bill to amend the Agricul- tiations offer an important oppor- ‘‘(B) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); tural Trade Act of 1978 to exempt agri- tunity to address tariff and non-tariff cultural commodities, livestock, and ‘‘(C) the Food for Progress Act of 1985 (7 barriers to U.S. agricultural exports. U.S.C. 1736o); or value-added products from unilateral We must take advantage of this oppor- ‘‘(D) the Agricultural Trade Act of 1978 (7 economic sanctions, to prepare for fu- tunity to open foreign markets and U.S.C. 5601 et seq.). ture bilateral and multilateral trade eliminate unfair export barriers. This ‘‘(3) DETERMINATION BY PRESIDENT.—If the negotiations affecting United States legislation provides important guide- President determines that the exemption agriculture, and for other purposes; to lines for these and other negotiations. provided under paragraph (1) should not the Committee on Agriculture, Nutri- Mr. President, U.S. agriculture is the apply to a unilateral economic sanction for tion, and Forestry. best in the world. This legislation will reasons of foreign policy or national secu- rity, the President may include the agricul- THE AGRICULTURAL TRADE FREEDOM ACT allow our farmers to take better advan- tural commodities made available as a result Mr. LUGAR. Mr. President, today I tage of their position by opening up of the activities described in paragraph (1) in rise to introduce legislation to open foreign markets and eliminating bar- the unilateral economic sanction. foreign markets, eliminate unfair trade riers to agricultural exports. This is ‘‘(c) CURRENT SANCTIONS.—

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‘‘(1) IN GENERAL.—Subject to paragraph (2), foreign suppliers to replace United States (5) ensuring that there are reliable sup- the exemption under subsection (b)(1) shall suppliers; and pliers of agricultural commodities in inter- apply to a current sanction. ‘‘(v) regarding the reputation of United national commerce by encouraging countries ‘‘(2) PRESIDENTIAL REVIEW.—Not later than States agricultural producers as reliable sup- to treat foreign buyers no less favorably 90 days after the date of enactment of the pliers— than domestic buyers of the commodity or Agricultural Trade Freedom Act, the Presi- ‘‘(I) in the case of a current sanction, product involved; and dent shall review each current sanction to whether removing the sanction would in- (6) eliminating nontariff trade barriers for determine whether the exemption under sub- crease the reputation of United States pro- meeting the food needs of an increasing section (b)(1) should apply to the current ducers as reliable suppliers of agricultural world population through the use of bio- sanction. commodities in general, and of specific agri- technology by— ‘‘(3) APPLICATION.—The exemption under cultural commodities identified by the Sec- (A) ensuring market access to United subsection (b)(1) shall apply to a current retary; and States agricultural commodities derived sanction beginning on the date that is 180 ‘‘(II) in the case of a new sanction, the from biotechnology that is scientifically de- days after the date of enactment of the Agri- likely effect of the proposed sanction on the fensible; cultural Trade Freedom Act unless the reputation of United States producers as re- (B) opposing the establishment of protec- President determines that the exemption liable suppliers of agricultural commodities tionist trade measures disguised as health should not apply to the current sanction for in general, and of specific agricultural com- standards; and reasons of foreign policy or national secu- modities identified by the Secretary.’’. (C) protesting continual delays by other rity. SEC. 4. OBJECTIVES FOR AGRICULTURAL NEGO- countries in their approval processes. ‘‘(d) REPORT.— TIATIONS. SEC. 5. SALE OR BARTER OF FOOD ASSISTANCE. ‘‘(1) IN GENERAL.—If the President deter- It is the sense of Congress that the prin- It is the sense of Congress that the amend- mines that the exemption under subsection cipal agricultural trade negotiating objec- ments to section 203 of the Agricultural (b)(2) or (c)(2) should not apply to a unilat- tives of the United States for future multi- Trade Development and Assistance Act of eral economic sanction, the President shall lateral and bilateral trade negotiations (in- submit a report to the Committee on Agri- 1954 (7 U.S.C. 1723) made by section 208 of the cluding negotiations involving the World Federal Agriculture Improvement and Re- culture of the House of Representatives and Trade Organization) should be to achieve, on the Committee on Agriculture, Nutrition, form Act of 1996 (Public Law 104–127; 110 an expedited basis and to the maximum ex- Stat. 954) were intended to allow the sale or and Forestry of the Senate— tent practicable, more open and fair condi- ‘‘(A) in the case of a current sanction, not barter of United States agricultural com- tions for trade in agricultural commodities later than 15 days after the date of the deter- modities in connection with United States by— mination under subsection (c)(2); and food assistance only within the recipient (1) developing, strengthening, and clari- ‘‘(B) in the case of a new sanction, on the country or countries adjacent to the recipi- fying rules for trade in agricultural commod- date of the imposition of the new sanction. ent country, unless— ities, including eliminating or reducing re- ‘‘(2) CONTENTS OF REPORT.—The report (1) the sale or barter within the recipient strictive or trade-distorting import and ex- shall contain— country or adjacent countries is not prac- port practices, including— ‘‘(A) an explanation of the foreign policy or ticable; and (A) enhancing the operation and effective- national security reasons for which the ex- (2) the sale or barter within countries ness of the relevant provisions of the Uru- emption should not apply to the unilateral other than the recipient country or adjacent economic sanction; and guay Round Agreements designed to define, countries will not disrupt commercial mar- ‘‘(B) an assessment by the Secretary— deter, and discourage the persistent use of kets for the agricultural commodity in- ‘‘(i) regarding export sales— unfair trade practices; and volved. ‘‘(I) in the case of a current sanction, (B) enforcing and strengthening rules of SEC. 6. SENSE OF CONGRESS REGARDING RELIEF whether markets in the sanctioned country the World Trade Organization regarding— FROM UNFAIR TRADE PRACTICES or countries present a substantial trade op- (i) trade-distorting practices of state trad- AFFECTING UNITED STATES AGRI- portunity for export sales of a United States ing enterprises and similar public and pri- CULTURAL COMMODITIES. agricultural commodity; or vate trading enterprises; and (a) FINDINGS.—Congress finds that— ‘‘(II) in the case of a new sanction, the ex- (ii) the acts, practices, or policies of a for- (1) often dispute settlement proceedings to tent to which any country or countries to be eign government that unreasonably— resolve unfair trade practices of foreign sanctioned or likely to be sanctioned are (I) require that substantial direct invest- countries that restrict market access of markets that accounted for, during the pre- ment in the foreign country be made as a United States agricultural commodities are ceding calendar year, more than 3 percent of condition for carrying on business in the for- inadequate, time consuming, and cum- export sales of a United States agricultural eign country; bersome; and commodity; (II) require that intellectual property be li- (2) practices that unfairly limit market ac- ‘‘(ii) regarding the effect on United States censed to the foreign country or to any firm cess opportunities for United States agricul- agricultural commodities— of the foreign country; or tural commodities through export subsidies ‘‘(I) in the case of a current sanction, the (III) delay or preclude implementation of a and import barriers include— potential for export sales of United States report of a dispute panel of the World Trade (A) unfair or trade-distorting activities of agricultural commodities in the sanctioned Organization; state trading enterprises, and similar public country or countries; and (2) increasing the export of United States and private trading enterprises, that result ‘‘(II) in the case of a new sanction, the agricultural commodities by eliminating in inadequate price transparency; likelihood that exports of United States ag- barriers to trade (including transparent and (B) unjustified restrictions or commercial ricultural commodities will be affected by nontransparent barriers); requirements affecting new technologies, in- the new sanction or by retaliation by any (3) eliminating other specific constraints cluding biotechnology, that are not scientif- country to be sanctioned or likely to be to fair trade (such as export subsidies, ically defensible; sanctioned, including a description of spe- quotas, and other nontariff import barriers (C) unjustified sanitary or phytosanitary cific United States agricultural commodities and more open market access) in foreign restrictions; that are most likely to be affected; markets for United States agricultural com- (D) restrictive rules for the establishment ‘‘(iii) regarding the income of agricultural modities; and administration of tariff-rate quotas; producers— (4) developing, strengthening, and clari- (E) requirements that substantial direct ‘‘(I) in the case of a current sanction, the fying rules that address practices that un- investment in the foreign country be made potential for increasing the income of pro- fairly limit United States market access op- as a condition for carrying on business in the ducers of the United States agricultural portunities or distort markets for United foreign country; and commodities involved; and States agricultural commodities to the det- (F) requirements that intellectual prop- ‘‘(II) in the case of a new sanction, the riment of the United States, including— erty be licensed to the foreign country or to likely effect on incomes of producers of the (A) unfair or trade-distorting activities of any firm of the foreign country. agricultural commodities involved; state trading enterprises, and similar public (b) SENSE OF CONGRESS.—It is the sense of ‘‘(iv) regarding displacement of United and private trading enterprises, that result Congress that the Secretary of Agriculture States suppliers— in inadequate price transparency; should aggressively use the authorities ‘‘(I) in the case of a current sanction, the (B) unjustified restrictions or commercial granted to the Secretary under section 302 of potential for increased competition for requirements affecting new technologies, in- the Agricultural Trade Act of 1978 (7 U.S.C. United States suppliers of the agricultural cluding biotechnology; 5652), which provides the Secretary with the commodity in countries that are not subject (C) unjustified sanitary or phytosanitary authority to use programs of the Depart- to the current sanction; and restrictions; and ment of Agriculture for the agricultural ‘‘(II) in the case of a new sanction, the ex- (D) restrictive rules in the establishment commodity involved when there is undue tent to which the new sanction would permit and administration of tariff-rate quotas; delay in a dispute resolution proceeding of

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an international trade agreement (such as an (Mr. LOTT) was added as a cosponsor of hibit the recoupment of funds recov- agreement administered by the World Trade S. 147, a bill to provide for a reduction ered by States from one or more to- Organization). in regulatory costs by maintaining bacco manufacturers. SEC. 7. MICRONUTRIENT FORTIFICATION PILOT Federal average fuel economy stand- PROGRAM. S. 348 Section 415 of the Agricultural Trade De- ards applicable to automobiles in effect velopment and Assistance Act of 1954 (7 at current levels until changed by law, At the request of Ms. SNOWE, the U.S.C. 1736g–2) is repealed. and for other purposes. names of the Senator from Virginia SEC. 8. TECHNICAL CORRECTIONS. S. 148 (Mr. WARNER) and the Senator from (a) ADMINISTRATIVE PROVISIONS.—Section At the request of Mr. ABRAHAM, the Massachusetts (Mr. KENNEDY) were 216 of the Federal Agriculture Improvement name of the Senator from Mississippi added as cosponsors of S. 348, a bill to and Reform Act of 1996 (Public Law 104–127; authorize and facilitate a program to 110 Stat. 957) is amended— (Mr. LOTT) was added as a cosponsor of S. 148, a bill to require the Secretary of enhance training, research and devel- (1) in paragraph (2), by striking ‘‘sub- opment, energy conservation and effi- section (c)’’ and inserting ‘‘subsection (b)’’; the Interior to establish a program to (2) in paragraph (3), by striking ‘‘sub- provide assistance in the conservation ciency, and consumer education in the section (d)’’ and inserting ‘‘subsection (c)’’; of neotropical migratory birds. oilheat industry for the benefit of oilheat consumers and the public, and (3) in paragraph (4), by striking ‘‘sub- S. 285 section (g)(2)’’ and inserting ‘‘subsection for other purposes. At the request of Mr. MCCAIN, the (f)(2)’’; and S. 351 (4) in paragraph (5), by striking ‘‘sub- name of the Senator from Delaware section (h)’’ and inserting ‘‘subsection (g)’’. (Mr. BIDEN) was added as a cosponsor of At the request of Mr. GRAMS, the (b) EMERGING MARKETS.—Section S. 285, a bill to amend title II of the So- name of the Senator from Pennsyl- 1542(d)(1)(A)(i) of the Food, Agriculture, Con- cial Security Act to restore the link vania (Mr. SANTORUM) was added as a servation, and Trade Act of 1990 (Public Law between the maximum amount of earn- cosponsor of S. 351, a bill to provide 101–624; 7 U.S.C. 5622 note) is amended by ings by blind individuals permitted that certain Federal property shall be striking ‘‘such democracies’’ and inserting without demonstrating ability to en- ‘‘the markets’’. made available to States for State and (c) TRADE COMPENSATION AND ASSISTANCE gage in substantial gainful activity and local organization use before being PROGRAMS.—Section 417(a) of the Agricul- the exempt amount permitted in deter- made available to other entities, and tural Trade Act of 1978 (7 U.S.C. 5677(a)) is mining excess earnings under the earn- for other purposes. amended by inserting ‘‘of an agricultural ings test. S. 380 commodity’’ after ‘‘causes exports’’. S. 331 (d) EFFECTIVE DATE.—The amendments At the request of Mr. JEFFORDS, the At the request of Mr. BAUCUS, the made by this section take effect on April 4, 1996. name of the Senator from Connecticut names of the Senator from South Da- (Mr. LIEBERMAN) was added as a co- kota (Mr. DASCHLE), the Senator from f sponsor of S. 331, a bill to amend the Connecticut (Mr. DODD), the Senator ADDITIONAL COSPONSORS Social Security Act to expand the from Hawaii (Mr. INOUYE), the Senator S. 38 availability of health care coverage for from Hawaii (Mr. AKAKA), the Senator At the request of Mr. CAMPBELL, the working individuals with disabilities, from Connecticut (Mr. LIEBERMAN), the names of the Senator from Minnesota to establish a Ticket to Work and Self- Senator from Michigan (Mr. LEVIN), (Mr. GRAMS) and the Senator from Ala- Sufficiency Program in the Social Se- the Senator from California (Mrs. bama (Mr. SESSIONS) were added as co- curity Administration to provide such BOXER), the Senator from Nebraska sponsors of S. 38, a bill to amend the individuals with meaningful opportuni- (Mr. KERREY), the Senator from South Internal Revenue Code of 1986 to phase ties to work, and for other purposes. Dakota (Mr. JOHNSON), and the Senator out the estate and gift taxes over a 10- S. 335 from North Carolina (Mr. EDWARDS) year period. At the request of Ms. COLLINS, the were added as cosponsors of S. 380, a S. 51 names of the Senator from Arkansas bill to reauthorize the Congressional At the request of Mr. BIDEN, the (Mrs. LINCOLN), the Senator from Wyo- Award Act. names of the Senator from South Da- ming (Mr. ENZI), the Senator from S. 389 kota (Mr. DASCHLE) and the Senator Washington (Mrs. MURRAY), and the At the request of Mr. ROBB, the name from Nevada (Mr. BRYAN) were added Senator from Georgia (Mr. CLELAND) as cosponsors of S. 51, a bill to reau- were added as cosponsors of S. 335, a of the Senator from Delaware (Mr. thorize the Federal programs to pre- bill to amend chapter 30 of title 39, BIDEN) was added as a cosponsor of S. vent violence against women, and for United States Code, to provide for the 389, a bill to amend title 10, United other purposes. nonmailability of certain deceptive States Code, to improve and transfer the jurisdiction over the troops-to- S. 56 matter relating to games of chance, ad- teachers program, and for other pur- At the request of Mr. KYL, the name ministrative procedures, orders, and poses. of the Senator from Oregon (Mr. SMITH) civil penalties relating to such matter, was added as a cosponsor of S. 56, a bill and for other purposes. S. 482 S. 336 to repeal the Federal estate and gift At the request of Mr. ABRAHAM, the taxes and the tax on generation-skip- At the request of Mr. LEVIN, the name of the Senator from Illinois (Mr. ping transfers. names of the Senator from Hawaii (Mr. FITZGERALD) was added as a cosponsor S. 97 AKAKA) and the Senator from Maryland of S. 482, a bill to amend the Internal At the request of Mr. MCCAIN, the (Ms. MIKULSKI) were added as cospon- Revenue Code of 1986 to repeal the in- names of the Senator from Montana sors of S. 336, a bill to curb deceptive crease in the tax on the social security (Mr. BURNS) and the Senator from and misleading games of chance mail- benefits. Michigan (Mr. ABRAHAM) were added as ings, to provide Federal agencies with cosponsors of S. 97, a bill to require the additional investigative tools to police S. 500 installation and use by schools and li- such mailings, to establish additional At the request of Mr. SMITH, the braries of a technology for filtering or penalties for such mailings, and for name of the Senator from Arizona (Mr. blocking material on the Internet on other purposes. KYL) was added as a cosponsor of S. 500, computers with Internet access to be S. 346 a bill to amend section 991(a) of title eligible to receive or retain universal At the request of Mrs. HUTCHISON, the 28, United States Code, to require cer- service assistance. name of the Senator from North Caro- tain members of the United States Sen- S. 147 lina (Mr. EDWARDS) was added as a co- tencing Commission to be selected At the request of Mr. ABRAHAM, the sponsor of S. 346, a bill to amend title from among individuals who are vic- name of the Senator from Mississippi XIX of the Social Security Act to pro- tims of a crime of violence.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3867 S. 504 bill to authorize the President to SENATE RESOLUTION 47 At the request of Mr. CLELAND, the award a gold medal on behalf of the At the request of Mr. MURKOWSKI, the name of the Senator from Massachu- Congress to Rosa Parks in recognition name of the Senator from Maryland setts (Mr. KERRY) was added as a co- of her contributions to the Nation. (Mr. SARBANES) was added as a cospon- sponsor of S. 504, a bill to reform Fed- S. 548 sor of Senate Resolution 47, a resolu- eral election campaigns. At the request of Mr. DEWINE, the tion designating the week of March 21 S. 508 name of the Senator from Ohio (Mr. through March 27, 1999, as ‘‘National At the request of Mr. SANTORUM, the VOINOVICH) was added as a cosponsor of Inhalants and Poisons Awareness name of the Senator from Kansas (Mr. S. 548, a bill to establish the Fallen Week.’’ BROWNBACK) was added as a cosponsor Timbers Battlefield and Fort Miamis SENATE RESOLUTION 53 of S. 508, a bill to prohibit implementa- National Historical Site in the State of At the request of Mr. HUTCHINSON, tion of ‘‘Know Your Customer’’ regula- Ohio. the name of the Senator from Mis- sissippi (Mr. LOTT) was added as a co- tions by the Federal banking agencies. SENATE JOINT RESOLUTION 2 S. 512 sponsor of Senate Resolution 53, a reso- At the request of Mr. KYL, the name At the request of Mr. GORTON, the lution to designate March 24, 1999, as of the Senator from Oregon (Mr. SMITH) ‘‘National School Violence Victims’ names of the Senator from Louisiana was added as a cosponsor of Senate Memorial Day.’’ (Ms. LANDRIEU), the Senator from Joint Resolution 2, a joint resolution Maine (Ms. COLLINS), and the Senator proposing an amendment to the Con- SENATE RESOLUTION 54 from North Dakota (Mr. CONRAD) were stitution of the United States to re- At the request of Mr. FEINGOLD, the added as cosponsors of S. 512, a bill to quire two-thirds majorities for increas- name of the Senator from Maryland amend the Public Health Service Act ing taxes. (Mr. SARBANES) was added as a cospon- to provide for the expansion, inten- sor of Senate Resolution 54, a resolu- SENATE CONCURRENT RESOLUTION 5 sification, and coordination of the ac- tion condemning the escalating vio- tivities of the Department of Health At the request of Mr. COCHRAN, his lence, the gross violation of human and Human Services with respect to re- name was added as a cosponsor of Sen- rights and attacks against civilians, search on autism. ate Concurrent Resolution 5, a concur- and the attempt to overthrow a demo- rent resolution expressing congres- S. 522 cratically elected government in Sierra sional opposition to the unilateral dec- At the request of Mr. LAUTENBERG, Leone. laration of a Palestinian state and urg- the name of the Senator from Con- SENATE RESOLUTION 57 ing the President to assert clearly necticut (Mr. DODD) was added as a co- At the request of Mr. GRAHAM, the United States opposition to such a uni- sponsor of S. 522, a bill to amend the name of the Senator from Mississippi lateral declaration of statehood. Federal Water Pollution Control Act to (Mr. LOTT) was added as a cosponsor of At the request of Mr. BROWNBACK, the improve the quality of beaches and Senate Resolution 57, a resolution ex- name of the Senator from Tennessee coastal recreation water, and for other pressing the sense of the Senate re- (Mr. THOMPSON) was added as a cospon- purposes. garding the human rights situation in sor of Senate Concurrent Resolution 5, Cuba. S. 525 supra. At the request of Mr. WARNER, the AMENDMENT NO. 6 name of the Senator from Virginia (Mr. SENATE CONCURRENT RESOLUTION 14 At the request of Mr. CLELAND the ROBB) was added as a cosponsor of S. At the request of Mr. BROWNBACK, the name of the Senator from Ohio (Mr. 525, a bill to require the Secretary of names of the Senator from Missouri DEWINE) was added as a cosponsor of the Treasury to redesign the $1 bill so (Mr. ASHCROFT) and the Senator from Amendment No. 6 proposed to S. 4, a as to incorporate the preamble to the Virginia (Mr. WARNER) were added as bill to improve pay and retirement eq- Constitution of the United States, the cosponsors of Senate Concurrent Reso- uity for members of the Armed Forces, Bill of Rights, and a list of the Articles lution 14, a concurrent resolution con- and for other purposes. of the Constitution on the reverse side gratulating the state of Qatar and its f of such currency. citizens for their commitment to democratic ideals and women’s suf- SENATE RESOLUTION 59—DESIG- S. 528 frage on the occasion of Qatar’s his- NATING ‘‘NATIONAL LITERACY At the request of Mr. SPECTER, the toric elections of a central municipal DAY’’ names of the Senator from Pennsyl- council on March 8, 1999. Mr. LAUTENBERG submitted the vania (Mr. SANTORUM) and the Senator following resolution; which was re- from North Carolina (Mr. HELMS) were SENATE RESOLUTION 19 ferred to the Committee on the Judici- added as cosponsors of S. 528, a bill to At the request of Mr. SPECTER, the ary: provide for a private right of action in name of the Senator from California the case of injury from the importation (Mrs. BOXER) was added as a cosponsor S. RES. 59 of certain dumped and subsidized mer- of Senate Resolution 19, a resolution to Whereas 44,000,000 people living in the chandise. express the sense of the Senate that United States read at a level lower than is required to fully function in society and to S. 529 the Federal investment in biomedical research should be increased by earn a living wage; At the request of Mr. ROBERTS, the Whereas approximately 22 percent of name of the Senator from Wyoming $2,000,000,000 in fiscal year 2000. adults in the United States cannot read, (Mr. THOMAS) was added as a cosponsor SENATE RESOLUTION 26 leaving valuable resources untapped, and de- of S. 529, a bill to amend the Federal At the request of Mr. MURKOWSKI, the priving those adults of the opportunity to Crop Insurance Act to improve crop in- name of the Senator from Utah (Mr. make a meaningful contribution to society; surance coverage, to make structural BENNETT) was added as a cosponsor of Whereas people who have the lowest lit- Senate Resolution 26, a resolution re- eracy skills are closely connected to social changes to the Federal Crop Insurance problems such as poverty, crime, welfare, Corporation and the Risk Management lating to Taiwan’s Participation in the and unemployment. Agency, and for other purposes. World Health Organization. Whereas 43 percent of all adults func- S. 531 SENATE RESOLUTION 29 tioning at the lowest literacy levels live in At the request of Mr. ABRAHAM, the At the request of Mr. ROBB, the name poverty; names of the Senator from Hawaii (Mr. of the Senator from Connecticut (Mr. Whereas prisons hold the highest con- centration of illiterate adults, with 7 of 10 AKAKA), the Senator from Maine (Ms. DODD) was added as a cosponsor of Sen- prisoners functioning at the lowest literacy COLLINS), the Senator from South ate Resolution 29, a resolution to des- levels; Carolina (Mr. HOLLINGS), and the Sen- ignate the week of May 2, 1999, as ‘‘Na- Whereas the likelihood of receiving welfare ator from Louisiana (Ms. LANDRIEU) tional Correctional Officers and Em- assistance increases as the level of literacy were added as cosponsors of S. 531, a ployees Week.’’ decreases;

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3868 CONGRESSIONAL RECORD—SENATE March 8, 1999 Whereas 3 of 4 food stamp recipients func- pate in society. In fact, nearly half, or academic instruction, that enable the stu- tion at the lowest literacy levels; 43 percent, of the illiterate population dents described in subsection (a) to meet Whereas millions of Americans are unable lives in poverty. Other social problems challenging State achievement standards in to hold a job or fully function in the work- associated with poverty are prevalent the core academic curriculum, such as— place because they cannot read well enough in the illiterate community, like the (1) implementing early intervention strate- to perform routine uncomplicated tasks; gies that identify and support those students Whereas almost 38 percent of African proclivity to commit crime, the need of who need additional help or alternative in- Americans and approximately 56 percent of welfare assistance, and the inability to structional strategies; Hispanics are illiterate, compared to only 14 get a job. (2) strengthening learning opportunities in percent of the Caucasian population, with A majority of the prison population classrooms by hiring certified teachers to re- such a disparity resulting in increased social in this country is illiterate. A majority duce class sizes, providing high quality pro- and economic discrimination against those of people who receive food stamps is il- fessional development, and using proven in- minorities; literate. People who are illiterate work structional practices and curriculum aligned Whereas 35 percent of older Americans op- less than half the amount of time in a to State achievement standards; erate at the lowest literacy levels, making it (3) providing extended learning time, such difficult to read basic medical instructions, an average year than a fully literate as after-school and summer school; and thus prolonging illnesses and risking the oc- person, and they earn approximately a (4) developing intensive instructional currence of emergency medical conditions; third of the income. That is, Mr. Presi- intervention strategies for students who fail Whereas the cycle of illiteracy continues dent, if they hold jobs at all. to meet the State achievement standards. because children of illiterate parents are Mr. President, the Federal govern- (c) APPLICATIONS.—Each local educational often illiterate themselves because of the ment, as well as state and local mu- agency desiring to receive a grant under this lack of support they receive from their home nicipalities, have shown a steadfast environment; section shall submit an application to the Whereas Federal, State, municipal, and dedication to eradicating illiteracy Secretary. Each application shall contain— private literacy programs have been able to through financial assistance. In 1998 (1) an assurance that the grant funds will reach fewer than 10 percent of the total illit- alone, the major adult education and be used in accordance with subsection (b); erate population; literacy programs were funded at $360 and Whereas it is vital to call attention to the million. And millions more are spent (2) a detailed description of how the local educational agency will use the grant funds problem of illiteracy, to understand the se- on the state and local level, spent ei- verity of the illiteracy problem and the det- to help students meet State achievement ther by municipal government or do- standards in the core academic curriculum rimental effects of illiteracy on our society, nated by private sources. and to reach those who are illiterate and un- by providing prevention and intervention aware of the free services and help available Mr. President, my resolution desig- services and academic instruction to stu- to them; and nating July 2 as National Literacy Day dents who are most at risk of failing to meet Whereas it is necessary to recognize and is a nice complement to all the re- the State achievement standards. thank the thousands of volunteers and orga- sources we spend on adult education (d) CONDITIONS FOR RECEIVING FUNDS.—A nizations, like Focus on Literacy, Inc., that and the effort to boost literacy rates. local educational agency shall be eligible to work to promote literacy and provide sup- The more we do to identify illiteracy receive a grant under this section if the local port to the millions of illiterate persons as a problem and the more we publicize educational agency or the State educational needing assistance: Now, therefore, be it agency— Resolved, That the Senate— what resources are available to citizens who want to learn how to read, the (1) adopts a policy prohibiting the practice (1) designates both July 2, 1999, and July 2, of social promotion; 2000, as ‘‘National Literacy Day’’; and closer we are to winning the war (2) requires that all kindergarten through (2) requests that the President issue a against illiteracy. grade 12 students meet State achievement proclamation calling on the people of the Mr. President, for these reasons, I standards in the core academic curriculum United States to observe ‘‘National Literacy urge my colleagues to support this res- at key transition points (to be determined by Day’’ with appropriate ceremonies and ac- olution. the State), such as 4th, 8th, 12th grades, be- tivities. fore promotion to the next grade level; f Mr. LAUTENBERG. Mr. President, I (3) uses tests and other indicators, such as rise today to submit a resolution desig- AMENDMENTS SUBMITTED grades and teacher evaluations, to assess nating July 2, 1999, and July 2, 2000, as student performance in meeting the State National Literacy Day. achievement standards, which tests shall be valid for the purpose of such assessment; and Mr. President, the United States has EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999 (4) has substantial numbers of students one of the most sophisticated edu- who are low-performing students. cation systems in the world. We have (e) DEFINITIONS.—In this section: more students enrolling in school than FEINSTEIN AMENDMENT NO. 52 (1) CORE ACADEMIC CURRICULUM.—The term ever before, and more people attending ‘‘core academic curriculum’’ means cur- college than ever before. But there is a (Ordered to lie on the table.) riculum in subjects such as reading and writ- significant part of the population that Mrs. FEINSTEIN submitted an ing, language arts, mathematics, social has been left behind—the ever growing amendment intended to be proposed by sciences (including history), and science. population of people who can’t read. her to the bill (S. 280) to provide for (2) LOCAL EDUCATIONAL AGENCY.—The term Mr. President, approximately 44 mil- education flexibility partnerships; as ‘‘local educational agency’’ has the meaning lion adult Americans are functionally follows: given the term in section 14101 of the Ele- illiterate. That means somewhere be- mentary and Secondary Education Act of At the end, add the following: 1965 (20 U.S.C. 8801). tween 21 to 23% percent of the adult TITLE ll—STUDENT ACHIEVEMENT (3) PRACTICE OF SOCIAL PROMOTION.—The population read below the fifth grade SEC. ll01. SHORT TITLE. term ‘practice of social promotion’ means a level and are unable to perform basic This title may be cited as the ‘‘Student formal or informal practice of promoting a functions you and I do every day. Peo- Achievement Act of 1999’’. student from the grade for which the deter- ple reading at that level usually cannot SEC. ll02. REMEDIAL EDUCATION. mination is made to the next grade when the student fails to meet the State achievement locate an intersection on a street map (a) GRANTS AUTHORIZED.—The Secretary is standards in the core academic curriculum, or fill out a social security application authorized to award grants to high need, unless the practice is consistent with the form. Older people who can’t read may low-performing local educational agencies to student’s individualized education program enable the local educational agencies to not be able to understand the instruc- under section 614(d) of the Individuals with carry out remedial education programs that tions on a vial of prescription drugs, Disabilities Education Act (20 U.S.C. 1414(d). enable kindergarten through grade 12 stu- causing a potentially life-threatening (4) SECRETARY.—The term ‘‘Secretary’’ dents who are failing or are at risk of failing means the Secretary of Education. situation. to meet State achievement standards in the Mr. President, it is not surprising core academic curriculum. (f) AUTHORIZATION OF APPROPRIATIONS.— that the inability to perform basic (b) USE OF FUNDS.—Grant funds awarded There are authorized to be appropriated to functions results in the inability of the under this section may be used to provide carry out this section $500,000,000 for each of illiterate population to fully partici- prevention and intervention services and the fiscal years 2000 through 2004.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3869 BAUCUS AMENDMENT NO. 53 (5) Dissemination of understandable infor- search and Improvement to develop a model mation about schools can be an important school report card for dissemination, upon (Ordered to lie on the table.) tool for parents and taxpayers to measure request, to a school, local educational agen- Mr. BAUCUS submitted an amend- the quality of the schools and to hold the cy, or State educational agency. ment intended to be proposed by him schools accountable for improving perform- (d) DISAGGREGATION OF DATA.—Each State to the bill, S. 280, supra; as follows: ance. educational agency or school producing an At the end, add the following: SEC. ll03. PURPOSE. annual report card under this section shall disaggregate the student performance data SEC. ll. SENSE OF SENATE. The purpose of this title is to provide par- reported under subsection (a)(1) or (b)(1), as (a) FINDINGS.—Congress makes the fol- ents, taxpayers, and educators with useful, appropriate, in the same manner as results lowing findings: understandable school report cards. are disaggregated under section 1111(b)(3)(I) (1) Research shows that the lack of con- SEC. ll04. REPORT CARDS. of the Elementary and Secondary Education sistent access to highly competent teachers (a) STATE REPORT CARDS.—Each State edu- Act of 1965. adversely impacts student achievement. cational agency receiving assistance under (2) Teachers are the most basic educational the Elementary and Secondary Education resource that communities provide their stu- Act of 1965 shall produce and widely dissemi- JEFFORDS AMENDMENT NO. 55 dents. All students deserve access to well nate an annual report card for parents, the Mr. JEFFORDS proposed an amend- prepared, high quality teachers. general public, teachers and the Secretary of ment to amendment No. 40 proposed by (3) The Nation’s schools will need to hire Education, in easily understandable lan- guage, regarding— Mr. JEFFORDS to the bill, S. 280, supra; 2,200,000 teachers during the 10-year period as follows: following 1999. One-half to two-thirds of the (1) student performance in language arts teachers will be first-time teachers. and mathematics, plus any other subject In lieu of the matter proposed to be in- (4) High poverty urban and rural school areas in which the State requires assess- serted, insert the following: districts face the greatest challenges in re- ments, including comparisons with students SEC. ll. IDEA. cruiting, supporting, and retraining teach- from different school districts within the Section 307 of the Department of Edu- ers. The school districts will need over State, and, to the extent possible, compari- cation Appropriations Act, 1999, is amend- 700,000 teachers during the 10-year period fol- sons with students throughout the Nation; ed— lowing 1999. (2) professional qualifications of teachers (1) in subsection (b)— (5) Thirty percent of newly hired teachers in the State, the number of teachers teach- (A) by striking paragraph (2); enter the teaching profession without having ing out of field, and the number of teachers (B) in paragraph (1), by redesignating sub- fully met State licensing standards. with emergency certification; paragraphs (A) and (B) as paragraphs (1) and (6) There are nationwide shortages of (3) average class size in the State; (2), respectively; and qualified mathematics, science, special edu- (4) school safety, including the safety of (C) by striking ‘‘(b)(1)’’ and inserting ‘‘(b)’’; cation, foreign language, and bilingual school facilities and incidents of school vio- and teachers. lence; (2) by striking subsections (c) through (g) (7) While minority students make up more (5) to the extent practicable, parental in- and inserting the following: than 30 percent of our Nation’s student popu- volvement, as measured by the extent of pa- ‘‘(c) Each local educational agency that re- lation, only 13 percent of our Nation’s teach- rental participation in school parental in- ceives funds under this section shall use such ers are minorities. volvement policies described in section funds to carry out activities under part B of (8) Up to 40 percent of our Nation’s stu- 1118(b) of the Elementary and Secondary the Individuals with Disabilities Education dents come from rural schools. But less than Education Act of 1965; Act (20 U.S.C. 1411 et seq.) in accordance 22 percent of Federal funding goes to rural (6) the annual school dropout rate, as cal- with the requirements of such part.’’. schools. culated by procedures conforming with the (b) SENSE OF SENATE.—It is the sense of the National Center for Education Statistics MURRAY (AND KENNEDY) Senate that significant additional resources Common Core of Data; and AMENDMENT NO. 56 should be provided to increase the recruit- (7) other indicators of school performance Mr. KENNEDY (for Mrs. MURRAY for ment of high quality teachers in rural areas and quality. as well as high poverty urban areas. (b) SCHOOL REPORT CARDS.—Each school re- herself and Mr. KENNEDY) proposed an ceiving assistance under the Elementary and amendment to the motion to recommit Secondary Education Act of 1965, or the local DORGAN (AND BINGAMAN) proposed by Mr. KENNEDY to the bill, S. educational agency serving that school, shall 280, supra; as follows: AMENDMENT NO. 54 produce and widely disseminate an annual At the end of the bill, add the following: (Ordered to lie on the table.) report card for parents, the general public, teachers and the State educational agency, SEC. ll. CLASS SIZE REDUCTION. Mr. DORGAN (for himself and Mr. Title VI of the Elementary and Secondary in easily understandable language, regard- Education Act of 1965 (20 U.S.C. 7301 et seq.) BINGAMAN) submitted an amendment ing— is amended by adding at the end the fol- intended to be proposed by him to the (1) student performance in the school in lowing: bill, S. 280, supra; as follows: reading and mathematics, plus any other At the end, add the following: subject areas in which the State requires as- ‘‘PART E—CLASS SIZE REDUCTION ‘‘SEC. 6601. SHORT TITLE. TITLE ll—STANDARDIZED SCHOOL sessments, including comparisons with other ‘‘This part may be cited as the ‘Class Size REPORT CARDS students within the school district, in the State, and, to the extent possible, in the Na- Reduction and Teacher Quality Act of 1999’. SEC. ll01. SHORT TITLE. tion; ‘‘SEC. 6602. FINDINGS. This title may be cited as the ‘‘Standard- (2) professional qualifications of the ‘‘Congress finds as follows: ized School Report Card Act’’. school’s teachers, the number of teachers ‘‘(1) Rigorous research has shown that stu- SEC. ll02. FINDINGS. teaching out of field, and the number of dents attending small classes in the early Congress makes the following findings: teachers with emergency certification; grades make more rapid educational (1) According to the report ‘‘Quality (3) average class size in the school; progress than students in larger classes, and Counts 99’’, by Education Week, 36 States re- (4) school safety, including the safety of that these achievement gains persist quire the publishing of annual report cards the school facility and incidents of school vi- through at least the elementary grades. on individual schools, but the content of the olence; ‘‘(2) The benefits of smaller classes are report cards varies widely. (5) parental involvement, as measured by greatest for lower achieving, minority, poor, (2) The content of most of the report cards the extent of parental participation in school and inner-city children. One study found described in paragraph (1) does not provide parental involvement policies described in that urban fourth-graders in smaller-than- parents with the information the parents section 1118(b) of the Elementary and Sec- average classes were 3⁄4 of a school year need to measure how their school or State is ondary Education Act of 1965; ahead of their counterparts in larger-than- doing compared with other schools and (6) the annual school dropout rate, as cal- average classes. States. culated by procedures conforming with the ‘‘(3) Teachers in small classes can provide (3) Ninety percent of taxpayers believe National Center for Education Statistics students with more individualized attention, that published information about individual Common Core of Data; and spend more time on instruction and less on schools would motivate educators to work (7) other indicators of school performance other tasks, cover more material effectively, harder to improve the schools’ performance. and quality. and are better able to work with parents to (4) More than 60 percent of parents and 70 (c) MODEL SCHOOL REPORT CARDS.—The further their children’s education. percent of taxpayers have not seen an indi- Secretary of Education shall use funds made ‘‘(4) Smaller classes allow teachers to iden- vidual report card for their area school. available to the Office of Educational Re- tify and work more effectively with students

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3870 CONGRESSIONAL RECORD—SENATE March 8, 1999 who have learning disabilities and, poten- ‘‘(A) 80 percent of such remainder shall be ‘‘(A) to make further class-size reductions tially, can reduce those students’ need for allocated to such local educational agencies in grades 1 through 3; special education services in the later in proportion to the number of children, aged ‘‘(B) to reduce class size in kindergarten or grades. 5 to 17, who reside in the school district other grades; or ‘‘(5) Students in smaller classes are able to served by such local educational agency and ‘‘(C) to carry out activities to improve become more actively engaged in learning are from families with incomes below the teacher quality, including professional devel- than their peers in large classes. poverty line (as defined by the Office of Man- opment activities. ‘‘(6) Efforts to improve educational agement and Budget and revised annually in ‘‘(c) SUPPLEMENT NOT SUPPLANT.—A local achievement by reducing class sizes in the accordance with section 673(2) of the Commu- educational agency shall use funds under early grades are likely to be more successful nity Services Block Grant Act (42 U.S.C. this part only to supplement, and not to sup- if— 9902(2)) applicable to a family of the size in- plant, State and local funds that, in the ab- ‘‘(A) well-prepared teachers are hired and volved) for the most recent fiscal year for sence of such funds, would otherwise be appropriately assigned to fill additional which satisfactory data is available com- spent for activities under this part. classroom positions; and pared to the number of such individuals who ‘‘(d) PROHIBITION.—No funds made available ‘‘(B) teachers receive intensive, continuing reside in the school districts served by all under this part may be used to increase the training in working effectively in smaller the local educational agencies in the State salaries of or provide benefits to (other than classroom settings. for that fiscal year, except that a State may participation in professional development ‘‘(7) Several States have begun a serious ef- adjust such data, or use alternative child- and enrichment programs) teachers who are, fort to reduce class sizes in the early elemen- poverty data, to carry out this subparagraph or have been, employed by the local edu- tary grades, but these actions may be im- if the State demonstrates to the Secretary’s cational agency. peded by financial limitations or difficulties satisfaction that such adjusted or alter- ‘‘(e) PROFESSIONAL DEVELOPMENT.—If a in hiring well-prepared teachers. native data more accurately reflects the rel- local educational agency uses funds made ‘‘(8) The Federal Government can assist in ative incidence of children living in poverty available under this part for professional de- this effort by providing funding for class-size within local educational agencies in the velopment activities, the agency shall en- reductions in grades 1 through 3, and by State; and sure the equitable participation of private helping to ensure that the new teachers ‘‘(B) 20 percent of such remainder shall be nonprofit elementary and secondary schools brought into the classroom are well pre- allocated to such local educational agencies in such activities. Section 6402 shall not pared. in accordance with the relative enrollments apply to other activities under this section. ‘‘SEC. 6603. PURPOSE. of children, aged 5 to 17, in public and pri- ‘‘(f) ADMINISTRATIVE EXPENSES.—A local ‘‘The purpose of this part is to help States vate nonprofit elementary schools and sec- educational agency that receives funds under and local educational agencies recruit, train, ondary schools in the school districts within this part may use not more than 3 percent of and hire 100,000 additional teachers over a 7- the boundaries of such agencies. such funds for local administrative expenses. year period in order to— ‘‘(2) AWARD RULE.—Notwithstanding para- ‘‘SEC. 6606. COST-SHARING REQUIREMENT. ‘‘(1) reduce class sizes nationally, in grades graph (1), if the award to a local educational (a) FEDERAL SHARE.—The Federal share of 1 through 3, to an average of 18 students per agency under this section is less than the the cost of activities carried out under this classroom; and starting salary for a new teacher in that part— ‘‘(2) improve teaching in the early grades agency, the State shall not make the award ‘‘(1) may be up to 100 percent in local edu- so that all students can learn to read inde- unless the local educational agency agrees to cational agencies with child-poverty levels pendently and well by the end of the third form a consortium with not less than 1 other of 50 percent or greater; and grade. local educational agency for the purpose of ‘‘(2) shall be no more than 65 percent for ‘‘SEC. 6604. PROGRAM AUTHORIZED. reducing class size. local educational agencies with child-pov- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 6605. USE OF FUNDS. erty rates of less than 50 percent. For the purpose of carrying out this part, ‘‘(a) IN GENERAL.—Each local educational ‘‘(b) LOCAL SHARE.—A local educational there are authorized to be appropriated, agency that receives funds under this part agency shall provide the non-Federal share $1,400,000,000 for fiscal year 2000, $1,500,000,000 shall use such funds to carry out effective of a project under this part through cash ex- for fiscal year 2001, $1,700,000,000 for fiscal approaches to reducing class size with highly penditures from non-Federal sources, except year 2002, $1,735,000,000 for fiscal year 2003, qualified teachers to improve educational that if an agency has allocated funds under $2,300,000,000 for fiscal year 2004, and achievement for both regular and special- section 1113(c) to one or more schoolwide $2,800,000,000 for fiscal year 2005. needs children, with particular consideration programs under section 1114, it may use ‘‘(b) ALLOTMENTS.— given to reducing class size in the early ele- those funds for the non-Federal share of ac- ‘‘(1) IN GENERAL.—From the amount appro- mentary grades for which some research has tivities under this program that benefit priated under subsection (a) for a fiscal year shown class size reduction is most effective. those schoolwide programs, to the extent the Secretary— ‘‘(b) CLASS REDUCTION.— consistent with section 1120A(c) and notwith- ‘‘(A) shall make a total of 1 percent avail- ‘‘(1) IN GENERAL.—Each such local edu- standing section 1114(a)(3)(B). cational agency may pursue the goal of re- able to the Secretary of the Interior (on be- ‘‘SEC. 6607. REQUEST FOR FUNDS. ducing class size through— half of the Bureau of Indian Affairs) and the ‘‘Each local educational agency that de- ‘‘(A) recruiting, hiring, and training cer- outlying areas for activities that meet the sires to receive funds under this part shall tified regular and special education teachers purpose of this part; and include in the application submitted under and teachers of special-needs children, in- ‘‘(B) shall allot to each State the same per- section 6303 a description of the agency’s cluding teachers certified through State and centage of the remaining funds as the per- program under this part to reduce class size local alternative routes; centage it received of funds allocated to by hiring additional highly qualified teach- ‘‘(B) testing new teachers for academic States for the previous fiscal year under sec- ers. tion 1122 or section 2202(b), whichever per- content knowledge, and to meet State cer- centage is greater, except that such allot- tification requirements that are consistent ‘‘SEC. 6608. REPORTS. ments shall be ratably decreased as nec- with title II of the Higher Education Act of ‘‘(a) STATE.—Each State receiving funds essary. 1965; and under this part shall report on activities in ‘‘(2) DEFINITION OF STATE.—In this part the ‘‘(C) providing professional development to the State under this section, consistent with term ‘‘State’’ means each of the several teachers, including special education teach- section 6202(a)(2). States of the United States, the District of ers and teachers of special-needs children, ‘‘(b) SCHOOL.—Each school receiving assist- Columbia and the Commonwealth of Puerto consistent with title II of the Higher Edu- ance under this part, or the local educational Rico. cation Act of 1965. agency serving that school, shall produce an ‘‘(3) STATE-LEVEL EXPENSES.—Each State ‘‘(2) RESTRICTION.—A local educational annual report to parents, the general public, and the State educational agency, in easily may use not more than a total of 1⁄2 of 1 per- agency may use not more than a total of 15 cent of the amount the State receives under percent of the funds received under this part understandable language, regarding student this part, or $50,000, whichever is greater, for for each of the fiscal years 2000 through 2003 achievement that is a result of hiring addi- a fiscal year, for the administrative costs of to carry out activities described in subpara- tional highly qualified teachers and reducing the State educational agency. graphs (B) and (C) of paragraph (1), and may class size.’’. ‘‘(c) WITHIN STATE DISTRIBUTION.— not use any funds received under this part ‘‘(1) IN GENERAL.—Each State that receives for fiscal year 2004 or 2005 for those activi- FEINSTEIN AMENDMENT NO. 57 an allotment under this section shall dis- ties. tribute the amount of the allotted funds that ‘‘(3) SPECIAL RULE.—A local educational (Ordered to lie on the table.) remain after using funds in accordance with agency that has already reduced class size in Mrs. FEINSTEIN submitted an subsection (b)(3) to local educational agen- the early grades to 18 or fewer children may amendment intended to be proposed by cies in the State, of which— use funds received under this part— her to the bill, S. 280, supra; as follows:

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3871 At the end, add the following: formal or informal practice of promoting a of the Senate and the public that a TITLE ll—STUDENT ACHIEVEMENT student from the grade for which the deter- hearing of the Senate Committee on SEC. ll01. SHORT TITLE. mination is made to the next grade when the Health, Education, Labor, and Pen- This title may be cited as the ‘‘Student student fails to meet the State achievement sions will be held on Thursday, March Achievement Act of 1999’’. standards in the core academic curriculum, unless the practice is consistent with the 11, 1999, 10 a.m., in SD–430 of the Senate SEC. ll02. REMEDIAL EDUCATION. Dirksen Building. The subject of the (a) GRANTS AUTHORIZED.—The Secretary is student’s individualized education program authorized to award grants to high need, under section 614(d) of the Individuals with hearing is ‘‘Key Patients’ Protections: low-performing local educational agencies to Disabilities Education Act (20 U.S.C. 1414(d). Lessons From the Field.’’ For further enable the local educational agencies to (4) SECRETARY.—The term ‘‘Secretary’’ information, please call the com- carry out remedial education programs that means the Secretary of Education. mittee, 202/224–5375. enable kindergarten through grade 12 stu- (f) AUTHORIZATION OF APPROPRIATIONS.— dents who are failing or are at risk of failing There are authorized to be appropriated to f carry out this section $500,000,000 for each of to meet State achievement standards in the AUTHORITY FOR COMMITTEE TO core academic curriculum. the fiscal years 2000 through 2004. (b) USE OF FUNDS.—Grant funds awarded MEET under this section may be used to provide JEFFORDS (AND BINGAMAN) COMMITTEE ON GOVERNMENTAL AFFAIRS prevention and intervention services and AMENDMENT NO. 58 Mr. VOINOVICH. Mr President, I ask academic instruction, that enable the stu- dents described in subsection (a) to meet Mr. LOTT (for Mr. JEFFORDS for him- unanimous consent on behalf of the challenging State achievement standards in self and Mr. BINGAMAN) proposed an Permanent Subcommittee on Inves- the core academic curriculum, such as— amendment to amendment No. 56 pro- tigations of the Governmental Affairs (1) implementing early intervention strate- posed by Mrs. MURRAY to the bill, S. Committee to meet on Monday, March gies that identify and support those students 280, supra; as follows: 8, 1999, at 9:30 a.m. for a hearing on the who need additional help or alternative in- In lieu of the instructions, insert the fol- topic of ‘‘Deceptive Mailings and structional strategies; Sweepstakes Promotions.’’ (2) strengthening learning opportunities in lowing: classrooms by hiring certified teachers to re- Report back forthwith with the following The PRESIDING OFFICER. Without duce class sizes, providing high quality pro- amendment: objection, it is so ordered. At the end of the bill, add the following: fessional development, and using proven in- f structional practices and curriculum aligned SEC. ll. IDEA. to State achievement standards; Section 307 of the Department of Edu- ADDITIONAL STATEMENTS (3) providing extended learning time, such cation Appropriations Act, 1999, is amended as after-school and summer school; and by adding after subsection (g) the following: ‘‘(h) Notwithstanding subsections (b)(2), (4) developing intensive instructional MAINTAINING THE FIGHT AGAINST intervention strategies for students who fail and (c) through (g), a local educational agen- to meet the State achievement standards. cy may use funds received under this section ‘‘LOOSE NUKES’’ (c) APPLICATIONS.—Each local educational to carry out activities under part B of the ∑ Mr. BIDEN. Mr. President, with the agency desiring to receive a grant under this Individuals with Disabilities Education Act end of the Cold War, the threat of a nu- section shall submit an application to the (20 U.S.C. 1411 et seq.) in accordance with the Secretary. Each application shall contain— requirements of such part.’’. clear holocaust between the United (1) an assurance that the grant funds will States and Russia has largely receded. be used in accordance with subsection (b); JEFFORDS AMENDMENT NO. 59 There remains a real risk, however, and that former Soviet weapons of mass de- (2) a detailed description of how the local Mr. LOTT (for Mr. JEFFORDS) pro- struction or the technology needed to educational agency will use the grant funds posed an amendment to amendment build them will find their way to rogue to help students meet State achievement No. 58 proposed by Mr. JEFFORDS to the states, terrorist groups, or even crimi- standards in the core academic curriculum bill, S. 280, supra; as follows: nal organizations. If such weapons by providing prevention and intervention In the pending amendment, strike all after services and academic instruction to stu- should ever be used, their impact will the word ‘‘IDEA’’ and insert the following: be catastrophic. It will hardly matter dents who are most at risk of failing to meet Section 307 of the Department of Edu- the State achievement standards. cation Appropriations Act, 1999, is amended that ‘‘only’’ one or two cities have been (d) CONDITIONS FOR RECEIVING FUNDS.—A by adding after subsection (g) the following: so hideously slaughtered. local educational agency shall be eligible to ‘‘(h) Notwithstanding subsections (b)(2), The war against these so-called receive a grant under this section if the local and (c) through (g), a local educational agen- ‘‘loose nukes’’ is as important as any educational agency or the State educational cy may use funds received under this section agency— war we have fought. It is a war fought (1) adopts a policy prohibiting the practice to carry out activities under part B of the with assistance to states of the former of social promotion; Individuals with Disabilities Education Act Soviet Union, rather than with armed (2) requires that all kindergarten through (20 U.S.C. 1411 et seq.) in accordance with the force. Its battles are the battles requirements of such part.’’. grade 12 students meet State achievement against unemployment and lax secu- standards in the core academic curriculum (i) This section shall become effective 1 day after enactment of this Act. rity. Its fronts are an array of firms at key transition points (to be determined by and institutes and so-called ‘‘nuclear the State), such as 4th, 8th, 12th grades, be- f cities,’’ as well as the international fore promotion to the next grade level; NOTICES OF HEARINGS (3) uses tests and other indicators, such as frontiers where smugglers try to move grades and teacher evaluations, to assess COMMITTEE ON HEALTH, EDUCATION, LABOR, sensitive materials to states like Iran, student performance in meeting the State AND PENSIONS Iraq or Libya. achievement standards, which tests shall be Mr. JEFFORDS. Mr. President, I This is a war that we dare not lose. valid for the purpose of such assessment; and would like to announce for information The Carnegie Endowment for Inter- (4) has substantial numbers of students of the Senate and the public that a national Peace reports that in Decem- who are low-performing students. hearing of the Senate Committee on (e) DEFINITIONS.—In this section: ber, the chief of Russia’s Federal Secu- (1) CORE ACADEMIC CURRICULUM.—The term Health, Education, Labor, and Pen- rity Service in the Chelyabinsk region ‘‘core academic curriculum’’ means cur- sions will be held on Wednesday, March said that employees at one sensitive riculum in subjects such as reading and writ- 10, 1999, 9:30 a.m., in SD–430 of the Sen- plant had tried to steal 40 pounds of ing, language arts, mathematics, social ate Dirksen Building. The subject of weapons-usable nuclear material. A sciences (including history), and science. the hearing is ‘‘What Works: Education month earlier, 3,000 workers at (2) LOCAL EDUCATIONAL AGENCY.—The term Research.’’ For further information, Chelyabinsk-70, a ‘‘nuclear city’’ simi- ‘‘local educational agency’’ has the meaning please call the committee, 202/224–5375. lar to our nuclear weapons design lab- given the term in section 14101 of the Ele- mentary and Secondary Education Act of COMMITTEE ON HEALTH, EDUCATION, LABOR AND oratories, had held a protest over un- 1965 (20 U.S.C. 8801). PENSIONS paid wages. In 1996, the head of that (3) PRACTICE OF SOCIAL PROMOTION.—The Mr. JEFFORDS. Mr. President, I city committed suicide in despair over term ‘practice of social promotion’ means a would like to announce for information his inability to pay his personnel.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3872 CONGRESSIONAL RECORD—SENATE March 8, 1999 THE EXPANDED THREAT REDUCTION INITIATIVE by IPP—over 200 projects in its first ‘‘Nuclear Cities Initiative’’ that will The Clinton Administration recently year alone—at about 170 institutes and help Russia to downsize its nuclear announced an Expanded Threat Reduc- organizations. complex without throwing weapons sci- tion Initiative that will enlarge exist- Thousands of Russian scientists have entists out on the street. The Energy ing Nunn-Lugar programs by 60 percent found at least part-time employment Department agrees on the need to for the next five years. The Carnegie through IPP projects, and the result move carefully, but reserves the right Endowment notes correctly that ‘‘this has been to lessen the temptation to to take advantage of opportunities to new funding commitment still does not sell their goods and expertise to rogue expand the program beyond the three match the threat.’’ But the Adminis- states. The GAO report discusses those ‘‘nuclear cities’’ where it will begin. tration’s request for extra funding in results as follows: When Chairman HELMS warns that the Fiscal Year 2000 budget is des- Officials from three institutes told us that the GAO recommendations must be im- perately needed and merits whole- the IPP program had prevented their labora- plemented, he is sending a stern mes- hearted support. tory or institute from shutting down and re- sage to which the Energy Department One especially important aspect of duced the likelihood that scientists would be should pay attention. But as I read the the President’s package is a major ef- forced to seek other employment. A rep- GAO report and the Energy Depart- fort to find alternative employment for resentative from Sarov [the new name for ment’s response, that Department is Arzamas-16, Russia’s equivalent of Los Ala- indeed paying attention. I have every Russia’s biological weapons experts. mos] told us that without the IPP program, The microbiologists and other sci- hope, therefore, that even conserv- the situation at the institute would be a dis- atives like my friend from North Caro- entists who built the Soviet Union’s aster. massive biological warfare establish- Some institute officials told us that the lina will conclude that the IPP pro- ment are highly expert. They are quite benefits of the IPP program went beyond fi- gram and the Expanded Threat Reduc- capable of doing research and develop- nancial support. . . .[and included] how to tion Initiative deserve our support. On February 26, the New York Times ment that would improve public health do business with the United States. published a very perceptive editorial in Russia and around the world. But The GAO noted that the Energy De- partment’s National Laboratories regarding U.S.-Russian nuclear rela- they would be equally capable of assist- tionships. The last paragraph of that ‘‘have made great strides in helping to ing rogue states to wreak massive de- editorial spoke directly to the last ‘open up’ NIS [former Soviet] insti- struction, if we and other countries did GAO recommendation: not enable them to survive in non-mili- tutes,’’ stated that ‘‘the program has The G.A.O. report calls for closing down tary pursuits. been successful in employing weapons the nuclear-cities program until the prob- The United States is taking steps, in scientists through research and devel- lems in the institutes program have been re- other programs, to better prepare for opment programs,’’ and concluded that solved. That would be a mistake. The nu- the awful possibility of a terrorist at- the overall effort is ‘‘in our national clear-cities agreement is more carefully tack with chemical or biological weap- security interests.’’ drawn than its predecessor and already pro- ons. The Expanded Threat Reduction Why, then, was the GAO critical of vides for exemption from Russian taxation. Initiative will help give us the time we the IPP program? First, it found ad- Tightened project review procedures are in place to make sure that Washington is not so desperately need, in which to im- ministrative lapses in the Department inadvertently subsidizing new Russian weap- prove our capability to combat those of Energy, such as not knowing how ons development. These programs, along threats. many scientists were engaged in par- with Washington’s contributions to Russia’s THE INITIATIVES FOR PROLIFERATION ticular projects, spending too much plutonium and uranium conversion and secu- PREVENTION PROGRAM money in the United States and too lit- rity programs, should go forward as part of a Two weeks ago, the General Account- tle in the former Soviet Union, and al- coordinated drive to substantially eliminate lowing Russia to charge taxes on the Russia s cold-war nuclear infrastructure be- ing Office issued a report on another of fore the Clinton Administration leaves of- our non-proliferation assistance ef- assistance we provided. Secondly, it fice. forts, the Energy Department’s Initia- found many projects that had little or The New York Times is right. Wars tives for Proliferation Prevention—or no chance of ever becoming commer- are not cheap. We cannot win the war IPP—program, that was critical of pro- cially viable. Given that the IPP pro- against ‘‘loose nukes,’’ ‘‘loose chemi- gram management. Newspapers quoted gram is supposed to find Western inves- cals’’ and ‘‘loose pathogens,’’ unless we a statement by my friend from North tors for the projects it funds, the GAO’s give our government the means to Carolina, Senator HELMS, who chairs point was that the program was not fight. Given the terrible stakes in this the Foreign Relations Committee and achieving its long-term goals. war, we must move forward. commissioned the GAO study. He said The GAO is right. But what they I ask that the New York Times edi- that Energy Department failure to im- found was actually the tail end of the torial of February 26 and the Energy plement reforms recommended by the success story. They found a program Department’s response to the GAO re- GAO would ‘‘jeopardize continued sup- that, in five short years, successfully port be printed in the RECORD at this port’’ for the program and also ‘‘cast reached into 170 former Soviet insti- point. doubt’’ on the wisdom of the Expanded tutes and helped employ thousands of The material follows: Threat Reduction Initiative. scientists. The IPP program made [From the New York Times, Feb. 26, 1999] Those stories made it sound as those crucial contacts and brought a UNFINISHED COLD-WAR BUSINESS though threat reduction efforts were in message of hope that resonated History will judge the Clinton Administra- danger. In my view, however, what we throughout the community of Russian tion’s foreign policy record partly by its suc- are actually witnessing are the normal experts in weapons of mass destruc- cess in helping Russia reduce the nuclear growing pains of a basically successful tion. It told them that we understood remnants of the cold war. Nothing would do program. I believe that the IPP pro- their need to survive economically and more to protect American security in the gram and other Nunn-Lugar efforts also their need to retain self-respect as decades ahead than insuring that Russia’s immense stockpile of nuclear weapons and both deserve and will obtain the Sen- skilled professionals. materials is diminished and adequately con- ate’s continued support. After five years, it is time to tighten trolled. The modest amount of money needed The IPP program is only five years the administration of the IPP program. to achieve these goals now could save Wash- old. Its objective is to foster non-mili- The good news is that the Energy De- ington many billions of dollars in the future tary employment for weapons sci- partment is already working to do to deal with the Russian nuclear threat if it entists in the former Soviet Union by that. Indeed, of the GAO’s 11 rec- is not reduced. assisting them to develop marketable ommendations, the Energy Department Moscow still has 6,000 nuclear warheads poised for long-distance delivery. Weapons- ideas that can then be produced in accepted 10 completely and the 11th in grade plutonium from dismantled warheads joint commercial ventures with West- part. is stored in poorly secured buildings, vulner- ern companies. The GAO report notes That 11th recommendation was to able to theft. Russia also has tens of thou- that over 400 projects have been funded move more slowly in expanding the sands of underpaid weapons scientists and

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workers in 170 scientific institutes and 10 DEPARTMENT OF ENERGY, The GAO report also raised the concern closed cities that house the Russian nuclear Washington, DC, February 10, 1999. that some Russian weapon scientists are weapons complex. If President Clinton hopes Mr. VICTOR S. REZENDES, being paid by the IPP Program even though to leave an enduring mark in international Director, Energy, Resources and Science Issues, they remain employed at their respective affairs, he will work on these problems in the U.S. General Accounting Office, Wash- weapons-related institutes. The implicit remaining 23 months of his term. Specifi- ington, DC. criticism of the program is that this practice cally, he should look for innovative ways to DEAR MR. REZENDES: The Department of is subsidizing Russian weapon-of-mass de- further reduce nuclear weapons and speed Energy appreciates the opportunity to re- struction activities. We believe this implica- the conversion of Russia’s nuclear establish- view the draft General Accounting Office re- tion is misplaced. The fundamental goal of ment to civilian activities. port, GAO/RCED–99–54, ‘‘Nuclear Prolifera- the IPP Program is to keep weapons special- The last nuclear arms reduction treaty, ne- tion: Concerns With DOE’s Efforts to Reduce ists working in their home countries—in the gotiated more than six years ago, has yet to the Risks Posted by Russia’s Unemployed face of grim domestic employment pros- be ratified by Russia’s Parliament. That Weapons Scientists.’’ The report, as written, pects—rather than selling their services to treaty alone would cut nuclear weapons to- provides valuable insight into our Initiatives foreign states or organizations of prolifera- tals nearly in half. Prime Minister Yevgeny for Proliferation Prevention Program and tion concern. At virtually all Russian weap- Primakov recognizes the treaty’s value for will assist the Department to better manage ons institutes, salaries are going unpaid for Russia, both in foreign policy and budget this valuable program. Technical comments months, even for those who are nominally savings terms. Mr. Clinton should work to this report have been provided separately. ‘‘employed’’ there. These scientists, and closely with President Boris Yeltsin and Mr. Our comments on the report’s recommenda- those who have been dismissed, are the prop- Primakov to achieve ratification. tions are attached. er targets of the IPP Program, because these But hopes for deep nuclear cuts need not Sincerely, are the individuals who are most likely to be depend on Russia’s Communist-dominated LEONARD SPECTOR, Director, tempted to sell their services abroad. IPP Parliament. In coordination with Russia’s Office of Arms Control and Nonproliferation. policy clearly states that the Program does leaders, Mr. Clinton should initiate steps not pay scientists to perform weapons work, that go beyond the treaty, including parallel Attachment. and we match the scale of payments to those nuclear reductions and taking more weapons COMMENTS ON DRAFT GENERAL ACCOUNTING of deliverables required by our contracts, so off hair-trigger alert. Such methods proved OFFICE REPORT—NUCLEAR NONPROLIFERA- that we are not inadvertently subsidizing effective when tried by Presidents George TION: CONCERNS WITH DOE’S EFFORTS TO other work at the host institute. Moreover, Bush and Mikhail Gorbachev a decade ago. REDUCE THE RISKS POSED BY RUSSIA’S UN- time spent on IPP activities is time sci- Shrinking Russia’s nuclear infrastructure EMPLOYED WEAPONS SCIENTISTS, FEBRUARY, entists cannot spend working on Russian also requires expanding the cooperative pro- 1999 grams developed under legislation originally military programs. GENERAL COMMENTS sponsored by Senators Sam Nunn and Rich- Finally, GAO notes that only two of the ard Lugar. These efforts have already sup- The Department of Energy appreciates the IPP projects have progressed to Thrust III. ported the dismantling of 5,000 Russian war- effort that the General Accounting Office Commercialization of science and engineer- heads. Additional work is needed now to put into this report. We agree with the vast ing requires time, and the IPP program has safely convert as much of the plutonium and majority of its recommendations, and the only recently shifted its emphasis to com- enriched uranium from these bombs into less IPP Program will be significantly strength- mercialization. In the United States, com- dangerous forms and to store what remains ened as the result of this independent, in- mercialization efforts normally take five to under much more secure conditions. The Ad- depth evaluation. There are, however, a seven years. In just the past year, the IPP ministration rightly seeks large spending in- number of issues that we believe need fur- Program has placed increased emphasis on creases in these programs in next year’s ther clarification. projects cost-shared with U.S. industry budget. It is essential that Congress approve First, the report expresses concern that (Thrust II) and on moving such projects to- these requests. certain IPP projects may have supported the wards commercial viability (Thrust III). This Washington should also press ahead with development of dual-use technology that progression is important, we believe, to cre- its efforts to re-employ Russian weapons sci- could inadvertently strengthen Russian mili- ate viable long-term employment opportuni- entists in civilian work. Two American pro- tary capabilities. We note that the specific ties for Russian scientists who are leaving grams managed by the Energy Department projects identified in the report date from an weapons work. We recognize, however, that are designed to achieve that goal. One, begun earlier period of the program and, at worst, IPP cannot by itself create commercial enti- in 1994, is aimed at Russia’s scientific insti- might have provided only incidental mili- ties; it can only set measures and procedures tutes. A newer program deals with the closed tary benefits to Russia—and not to its weap- in place to maximize the likelihood of their nuclear cities. The scientific institutes pro- on of mass destruction or missile programs. creation by U.S. industry. If Russian eco- gram has succeeded in re-employing thou- We are firmly committed to ensuring that nomic conditions stabilize, we believe the sands of Russian scientists at home and IPP projects do not support dual-use tech- coming eighteen months will see the fruits of keeping them out of the reach of terrorists nologies and are directed exclusively to these and earlier efforts. or countries eager to make nuclear, biologi- peaceful objectives. This is an explicit Fortunately, as the GAO notes, even if IPP cal or chemical weapons. But a report pre- project requirement as noted in guidance. commercialization success remains limited, pared for Congress this week by the General Over the past eighteen months, the new the fundamental objective of the IPP Pro- Accounting Office called attention to some management of the IPP Program has inten- gram—keeping former Soviet weapon-of- problems, including taxation by Russia of sified project reviews to reinforce implemen- mass-destruction scientists at home—is suc- some of the aid money and allegations that tation of this standard. ceeding. some assistance went to institutes and sci- We have been particularly sensitive to the RESPONSES TO GAO RECOMMENDATIONS entists still engaged in weapons work. How- dual-use potential of projects in the NIS A. Recommendations on the IPP Program chemical and biological institutes. The De- ever cash-starved the Russian Government Recommendation 1 is, taxation of American aid money is unac- partment recognized from the onset of the Re-examine the role and the costs of the ceptable. Nor should American subsidies sup- program that the dividing line between com- national laboratories with a view towards port Russian weapons development. mercial and weapons technologies was subtle The G.A.O. report calls for slowing down in this area of technology. As a result, DOE maximizing the amount of program funds the nuclear-cities program until the prob- instituted a special review process, which in- going to the NIS institutes. lems in the institutes program have been re- cluded the U.S. interagency, the U.S. chem- DOE management position solved. That would be a mistake. The nu- ical and biological community, and the DOE Concur. clear-cities agreement is more carefully National Laboratories. Although the GAO The Department will continue its examina- drawn than its predecessor and already pro- report states that some reviewers may have tion of laboratory roles to utilize their ex- vides for exemption from Russian taxation. provided only cursory analysis of particular pertise more efficiently. In coming months, Tightened project review procedures are in projects, we believe that every IPP project we expect to increase significantly the pro- place to make sure that Washington is not with a chemical and biological institute re- portion of project dollars going to the NIS inadvertently subsidizing new Russian weap- ceived extensive scrutiny from numerous and to correspondingly reduce the proportion ons development. These programs, along participants in the review process and that of funds spent at the national laboratories. with Washington’s contributions to Russia’s this process deliberately erred on the side of An increased emphasis on Thrust II and plutonium and uranium conversion and secu- disapproval when questions on potential Thrust III projects will help to promote this rity programs, should go forward as part of a dual-use applications were raised. Nonethe- shift in funding. The Department notes that coordinated drive to substantially eliminate less, we recognize that improvements are the enabling legislation for IPP calls for a Russia’s cold-war nuclear infrastructure be- needed to make the review process more con- ‘‘. . . program of cooperation between sci- fore the Clinton Administration leaves of- sistent and, as noted below, we accept the entific and engineering institutes in the New fice. GAO’s recommendation on this issue. Independent States of the former Soviet

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.001 S08MR9 3874 CONGRESSIONAL RECORD—SENATE March 8, 1999 Union and national laboratories and other that useful defense related information is Management Position qualified academic institutions in the United not unintentionally transferred. Concur. States designed to stabilize the technology Management position The Department is preparing a strategic base in the cooperating states as each strives Concur. plan that will be published within 90 days. to convert defense industries to civilian ap- The IPP Program has always been sen- Recommendation 11 plications . . .’’ sitive to the question of transfer of weapons- Not expand the Initiative beyond the three Recommendation 2 sensitive technology to the NIS. Based on nuclear cities until DOE has demonstrated Obtain information on how program money the GAO’s report, however, we recognize that that its efforts are achieving program objec- is being spent by the NIS recipients of pro- our review process was not as complete as it tives, that is, that jobs are being created in gram funds. should be. Accordingly, the program has re- the civilian sector for displaced weapons sci- Management position vised its procedures to request a direct re- entists, engineers, and technicians. view of projects by the Department of De- Concur. Management Position The IPP Program office will issue guidance fense instead of forwarding projects through Concur, with qualification. to participating laboratories to ensure more the Department of State. Some existing IPP projects in other closed complete tracking of the expenditure of Recommendation 7 cities may naturally transition to work funds by the NIS recipients. The program Strengthen and formalize DOE’s process under the Nuclear Cities Initiative. Simi- will establish quarterly reporting on funds for reviewing proposed chemical and biologi- larly, the Department does not want to pre- spent in the NIS. cal projects by: clude the possibility of accomplishing sig- Recommendation 3 (1) providing complete project information nificant reductions in nuclear weapons re- Seek assurances from the Russian govern- to all reviewing U.S. Government agencies lated activities in another closed nuclear ment, either through a government-to-gov- and organizations. city should the opportunity arise to assist in ernment agreement or through other means, Management Position the shutdown of facilities there. It is also the that program funds are exempt from Russian Concur. intent of the Department to structure the taxes. Based on the GAO’s report, the program second year of the Nuclear Cities Initiative Management position has revised its procedures to ensure that all based upon lessons learned the first year. Concur. appropriate government agencies and organi- The Department has a process for reviewing The Department of Energy agrees with this zations have complete project information. program objectives to determine lessons recommendation and will work with the De- (2) developing criteria to help frame the learned and next steps.∑ partment of State to facilitate a govern- evaluation process. f ment-to-government agreement. In the Management Position meantime, the Department will continue its POST OFFICE COMMUNITY Concur. efforts within the U.S. interagency structure PARTNERSHIP ACT OF 1999 This recommendation was completed dur- to resolve this issue. This effort has led to ing the course of the GAO’s audit. ∑ Mr. JEFFORDS. Mr. President, I rise discussions by the Vice President with his (3) providing feedback to all of the review- today to discuss a bill that my col- Russian counterparts on taxation issues and ing agencies about the final disposition of to the renewal of the Panskov-Pickering league Senator BAUCUS and I are re-in- the projects. agreement as the basis for seeking case-by- troducing titled the, ‘‘Post Office Com- case tax exemptions for IPP funds expended Management Position munity Partnership Act of 1999.’’ in Russia. Concur. Aside from a few technical changes, Recommendation 4 The Department will provide feedback to the bill is similar to the one we intro- all reviewers regarding the status of final ap- Require that program officials, to the ex- duced in the 105th Congress that was proval of IPP projects. tent possible, obtain accurate data on the supported by so many of our colleagues number and backgrounds of scientists par- Recommendation 8 in a 76–21 vote last July. Unfortunately ticipating in program projects, and elimi- Re-evaluate the large number of Thrust 1 our postal language was dropped from nate funding for institutes that did not for- projects, particularly those that have been the underlying bill during conference merly work on weapons of mass destruction. funded for several years, and eliminate those with the House. However, I am hopeful Management position that do not have commercial potential. that this year our bill will become law. Concur. Management Position I should add that this year we have co- The IPP Program has issued, and will re- Concur. ordinated our efforts with Representa- emphasize, program guidance instructing The Department has implemented a re- tive BLUMENAUER of Oregon and an principal investigators to obtain accurate evaluation of Thrust 1 projects based on data regarding the number and backgrounds GAO’s review. identical companion bill is being put forward in both the Senate and the of scientists participating in program Recommendation 9 projects. Scientists with weapons knowledge House. now employed at nonweapons institutes will Develop criteria and time frames for deter- Mr. President, I live in a small town continue to be eligible to participate in the mining when Thrust 1 projects should be ter- minated if they do not meet the criteria of in Vermont. I understand the impor- IPP Program, as they represent a continuing tance downtowns and village centers potential proliferation concern. graduation to the program’s next phase. Management Position play in the identity and longevity of Recommendation 5 communities. Downtowns are the so- Clarify program guidance as to whether Concur. Based on GAO’s review, this recommenda- cial and economic hearts of small com- scientists currently employed in weapons of munities. They are where neighbors mass destruction programs are eligible for tion will be accomplished within 120 days. program funding. B. Recommendations on Nuclear Cities catch up on the news, shop, worship, and celebrate national holidays. Management position Initiative Our bill will enable the residents of Concur. Because DOE plans to implement the Nu- The basic goal of the program is to retain clear Cities Initiative in a relatively short small villages and large towns to have former Soviet WMD scientists in their home amount of time (5 to 7 years) at a potential a say when the Postal Service decides countries; the key question is the expertise cost of up to $600 million during uncertain that their local post office will be they possess and might offer to others, not economic times in Russia, we believe it is closed, relocated, or consolidated. whether they are currently on the roster of critical that program implementation be Local post offices are important ten- an NIS WMD institute. Through its increas- based on solid thinking and planning which ants in any vibrant downtown. A re- ing emphasis on commercialization, IPP will considers the problems experienced under cent article in USA Today cited a 1993 the IPP Program. Therefore, we recommend continue to develop long-term opportunities study that found that 80 percent of peo- for scientists to leave WMD institutes. Ex- that DOE: ple who shopped downtown planned plicit program guidance regarding scientists Recommendation 10 currently employed in weapons of mass de- their visit around a visit to the post of- Develop a strategic plan for the Initiative fice. struction programs will be issued within 90 before large scale funding begins and include days. in the plan-program goals, costs, time There is much talk in the news today Recommendation 6 frames, performance measures, and expected about revitalizing our downtowns and Require that project reviewers consider all outcomes, such as the number of jobs created encouraging smart growth. I say to my military applications of projects to ensure for each city. colleagues, if you want to encourage

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3875 smart growth, let’s start by doing what mental damage from problems such as ‘‘(B) In making a determination as to we can to keep federal facilities such storm water management. whether or not to relocate, close, consoli- as post offices in downtowns. Mr. President, post offices in date, or construct a post office, the Postal Some of my colleagues may ask why Vermont and across the nation are cen- Service shall consider— ‘‘(i) the extent to which the post office is this legislation is necessary. A story ters of social and business interaction. part of a core downtown business area; from my home state of Vermont will In communities where post offices are ‘‘(ii) any potential effect of the relocation, answer that question. located on village greens or in down- closing, consolidation, or construction on A few years ago the general store on towns, they become integral to these the community served by the post office; the green in Perkinsville, Vermont communities’ identities. I believe that ‘‘(iii) whether the community served by went bankrupt and the adjacent post this legislation will strengthen the fed- the post office opposes a relocation, closing, office wanted to leave the small village eral-local ties of the Postal Service, consolidation, or construction; center for a new building outside of help preserve our downtowns, and com- ‘‘(iv) any potential effect of the relocation, town. By the time the community was closing, consolidation, or construction on bat the problem of sprawl. I urge my employees of the Postal Service employed at aware of the relocation, plans were so colleagues to join Senator BAUCUS and the post office; far along—the new building had actu- I in support of this important legisla- ‘‘(v) whether the relocation, closing, con- ally been constructed based on the tion. I ask to have the text of the bill solidation, or construction of the post office promise of the post office as the anchor printed in the RECORD. is consistent with the policy of the Govern- tenant—that there was no time to fully The text of the bill follows: ment under section 101(b) that requires the Postal Service to provide a maximum degree investigate in-town alternatives. One S. 556 of effective and regular postal services to elderly resident wrote that in contrast Be it enacted by the Senate and House of Rep- to families now being able to walk to rural areas, communities, and small towns in resentatives of the United States of America in which post offices are not self-sustaining; the post office, ‘‘we certainly won’t be Congress assembled, ‘‘(vi) the quantified long-term economic walking along the busy Route 106 two SECTION 1. SHORT TITLE. saving to the Postal Service resulting from miles or more to get our mail.’’ The This Act may be cited as the ‘‘Post Office the relocation, closing, consolidation, or State Historic Preservation Officer Community Partnership Act of 1999’’. construction; commented that as people meet neigh- SEC. 2. GUIDELINES FOR RELOCATION, CLOSING, ‘‘(vii)(I) the adequacy of the existing post bors at the post office, the threads of CONSOLIDATION, OR CONSTRUC- office; and community are woven and reinforced. TION OF POST OFFICES. ‘‘(II) whether all reasonable alternatives to ‘‘It may be intangible, but its real, and Section 404 of title 39, United States Code, relocation, closing, consolidation, or con- is amended by striking subsection (b) and in- struction have been explored; and such interaction is critically important serting the following: ‘‘(viii) any other factor that the Postal to the preservation of the spirit and ‘‘(b)(1) Before making a determination Service determines to be necessary for mak- physical fabric of small village centers under subsection (a)(3) as to the necessity for ing a determination whether to relocate, like Perkinsville.’’ the relocation, closing, consolidation, or close, consolidate, or construct that post of- In other Vermont towns such as construction of any post office, the Postal fice. Springfield, Arlington, and St. Albans, Service shall provide adequate notice to per- ‘‘(C) In making a determination as to the threat of our legislation has en- sons served by that post office of the inten- whether or not to relocate, close, consoli- date, or construct a post office, the Postal couraged the Postal Service to work tion of the Postal Service to relocate, close, consolidate, or construct that post office not Service may not consider compliance with more closely with these communities later than 60 days before the final determina- any provision of the Occupational Safety and as plans are developed to expand their tion is made to relocate, close, consolidate, Health Act of 1970 (29 U.S.C. 651 et seq.). local post offices. Our bill would codify or construct. ‘‘(5)(A) Any determination of the Postal the process that communities should ‘‘(2)(A) The notification under paragraph Service to relocate, close, consolidate, or go through and would avoid a one-size (1) shall be in writing, hand delivered or de- construct a post office shall be in writing fits all approach to community needs. livered by mail to persons served by that and shall include the findings of the Postal Service with respect to the considerations Mr. President, post office closings post office, and published in 1 or more news- papers of general circulation within the zip required to be made under paragraph (4). and relocations are occurring all across ‘‘(B) The Postal Service shall respond to codes served by that post office. the country and especially in small and all of the alternative proposals described in ‘‘(B) The notification under paragraph (1) paragraph (3) in a consolidated report that rural communities. My colleagues will shall include— includes— quickly discover similar examples in ‘‘(i) an identification of the relocation, ‘‘(i) the determination and findings under their own states where the removal of closing, consolidation, or construction of the subparagraph (A); and the post office has harmed the eco- post office involved; ‘‘(ii) each alternative proposal and a re- ‘‘(ii) a summary of the reasons for the relo- nomic vitality of the downtown area, sponse by the Postal Service. deprived citizens without cars of ac- cation, closing, consolidation, or construc- ‘‘(C) The Postal Service shall make avail- cess, and contributed to sprawl. tion; able to the public a copy of the report pre- The basic premise for this legislation ‘‘(iii) the proposed date for the relocation, pared under subparagraph (B) at the post of- closing, consolidation, or construction; fice that is the subject of the report. is to give the individuals in a commu- ‘‘(iv) notice of the opportunity of a hear- nity a voice in the process of a pro- ‘‘(6)(A) The Postal Service shall take no ing, if requested; and action to relocate, close, consolidate, or con- posed relocation, closing, consolida- ‘‘(v) notice of the opportunity for public struct a post office until the applicable date tion, or construction of a post office. comment, including suggestions. described in subparagraph (B). This bill does not give the citizenry the ‘‘(3) Any person served by the post office ‘‘(B) The applicable date specified in this ultimate veto power over a relocation, that is the subject of a notification under subparagraph is— closing, consolidation, or construction. paragraph (1) may offer an alternative relo- ‘‘(i) if no appeal is made under paragraph Instead, the bill sets up a process that cation, closing, consolidation, or construc- (7), the end of the 30-day period specified in tion proposal during the 60-day period begin- makes sure community voices and con- that paragraph; or ning on the date on which the notice is pro- ‘‘(ii) if an appeal is made under paragraph cerns are heard and taken into account vided under paragraph (1). (7), the date on which a determination is by the Postal Service. ‘‘(4)(A) At the end of the period specified in made by the Commission under paragraph Additionally, this bill will require paragraph (3), the Postal Service shall make 7(A), but not later than 120 days after the the Postal Service to abide by local a determination under subsection (a)(3). Be- date on which the appeal is made. zoning laws and the historic preserva- fore making a final determination, the Post- ‘‘(7)(A) A determination of the Postal Serv- tion rules regarding federal buildings. al Service shall conduct a hearing, if re- ice to relocate, close, consolidate, or con- Because it is a federal entity, the Post- quested by persons served by the post office struct any post office may be appealed by al Service has the ability to override that is the subject of a notice under para- any person served by that post office to the graph (1). If a hearing is held under this Postal Rate Commission during the 30-day local zoning requirements. In some paragraph, the persons served by such post period beginning on the date on which the cases this has led to disruption of traf- office may present oral or written testimony report is made available under paragraph (5). fic patterns, a rejection of local safety with respect to the relocation, closing, con- The Commission shall review the determina- standards, and concerns about environ- solidation, or construction of the post office. tion on the basis of the record before the

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 3876 CONGRESSIONAL RECORD—SENATE March 8, 1999 Postal Service in the making of the deter- in marking International Women’s endary, and her legacy in grassroots mination. The Commission shall make a de- Day. This day celebrates the contribu- organizing is equally significant. She termination based on that review not later tions and accomplishments of women led a tireless lobbying campaign in than 120 days after appeal is made under this paragraph. worldwide, and also reminds us that, Congress, sent letters and telegrams, ‘‘(B) The Commission shall set aside any unfortunately, many women are still and eventually met directly with the determination, findings, and conclusions of treated as second-class citizens. Gen- President—using all the tools of direct the Postal Service that the Commission der-based discrimination and harass- action with which political organizers finds to be— ment, domestic violence, and sexual as- are now so familiar today. ‘‘(i) arbitrary, capricious, an abuse of dis- sault are far too common in too many Catt’s crusade for suffrage saw a cretion, or otherwise not in accordance with places. The glass ceiling, while perhaps homefront victory on June 10, 1919, the law; ‘‘(ii) without observance of procedure re- a bit cracked, still blocks the progress when Wisconsin became the first state quired by law; or of many women who work outside the to deliver ratification of the constitu- ‘‘(iii) unsupported by substantial evidence home. Lack of affordable quality child tional amendment granting women the on the record. care forces many women to make a right to vote before it was adopted as ‘‘(C) The Commission may affirm the de- painful decision between their children the Nineteenth Amendment in August termination of the Postal Service that is the and their careers. of 1920. subject of an appeal under subparagraph (A) The wage gap between men and The legacy of Carrie Chapman Catt is or order that the entire matter that is the subject of that appeal be returned for further women around the world is still vast. alive and well today—in Wisconsin and consideration, but the Commission may not According to 1997 statistics from the across the globe—as women take a modify the determination of the Postal Serv- Bureau of Labor Statistics, American more and more active role in the polit- ice. The Commission may suspend the effec- women working outside the home in ical process. I am proud to serve along- tiveness of the determination of the Postal non-agricultural jobs earn about sev- side Congresswoman TAMMY BALDWIN, Service until the final disposition of the ap- enty-five percent of what their male the first woman elected to Congress peal. ‘‘(D) The provisions of sections 556 and 557, counterparts earn; that is, seventy-five from Wisconsin. The 106th Congress in- and chapter 7 of title 5 shall not apply to any cents on the dollar. International cludes a record 67 women—nine in the review carried out by the Commission under Labour Organization statistics from Senate and 58 in the House of Rep- this paragraph. 1996 state that women in Japan make resentatives. ‘‘(E) A determination made by the Com- sixty-two percent of what their male As Ranking Member of the Sub- mission shall not be subject to judicial re- counterparts earn; the figure in Kenya committee on African Affairs of the view. ‘‘(8) In any case in which a community has is eighty-five percent. Australian Senate Committee on Foreign Rela- in effect procedures to address the reloca- women fare better, earning virtually tions, I have monitored how the women tion, closing, consolidation, or construction the same wages as men. of Africa participate in the political of buildings in the community, and the pub- In many places, women and girls are process and make vital contributions lic participation requirements of those pro- not considered valued members of soci- to the economies of their countries. cedures are more stringent than those pro- ety. Rather, their basic human rights During the recent assembly and presi- vided in this subsection, the Postal Service dential elections in Nigeria, women shall apply those procedures to the reloca- are curtailed, sometimes to the point tion, closing, consolidation, or construction of denial of adequate medical care and served as poll workers and were can- of a post office in that community in lieu of basic educational opportunities. The il- didates for the assembly. I regret that applying the procedures established in this legal trafficking of women and girls for voter turnout among women was no- subsection. purposes such as and prostitu- ticeably low, but was pleased to see ‘‘(9) In making a determination to relo- tion is rampant in some areas of the some progress being made. cate, close, consolidate, or construct any One way in which the Senate can post office, the Postal Service shall comply world. In some places, it is common for with any applicable zoning, planning, or land women to be burned with acid by their honor women worldwide is to fulfill our use laws (including building codes and other husbands if their dowries are not large long-overdue constitutional obligation related laws of State or local public entities, enough. to offer our advice and consent to the including any zoning authority with jurisdic- The deplorable practice of so-called United Nations Convention on the tion over the area in which the post office is ‘‘honor killing’’—men murdering fe- Elimination of All Forms of Discrimi- located). male relatives accused of things rang- nation against Women (CEDAW) at the ‘‘(10) The relocation, closing, consolida- earliest possible date. This year marks tion, or construction of any post office under ing from infidelity to objection to an this subsection shall be conducted in accord- arranged marriage—is again receiving the 20th anniversary of CEDAW, which ance with the National Historic Preservation international attention. What is even was adopted by the United Nations Act (16 U.S.C. 470h–2). more deplorable is that the men com- General Assembly on December 18, ‘‘(11) Nothing in this subsection shall be mitting these murders take pride in 1979. CEDAW was signed by the United construed to apply to a temporary customer their crimes, which they justify as cul- States on July 17, 1980, and was trans- service facility to be used by the Postal tural tradition, and are routinely given mitted to the Senate for its advice and Service for a period of less than 60 days. ‘‘(12)(A) For purposes of this paragraph the light prison sentences. Some women consent by President Carter on Novem- term ‘emergency’ means any occurrence that endure voluntary imprisonment to es- ber 12, 1980. Almost two decades later, forces an immediate relocation from an ex- cape male relatives who intend to mur- the treaty is still pending before the isting facility, including natural disasters, der them. Senate Committee on Foreign Rela- fire, health and safety factors, and lease ter- Despite the challenges they face—or tions. As of December 1998, 163 coun- minations. maybe in spite of them—women in the tries have ratified CEDAW. Only three ‘‘(B) If the Postmaster General makes a de- termination that an emergency exists relat- United States and around the world signatories have yet to ratify the con- ing to a post office, the Postmaster General contribute to their families and their vention: Afghanistan, San Tome and may suspend the application of the provi- countries in countless ways. Principe, and the United States. It is sions of this subsection for a period not to In the United States, March is Wom- high time for us to ratify this impor- exceed 180 days with respect to such post of- en’s History Month. It is a time to cel- tant document. fice. ebrate the contributions of women In closing, Mr. President, as the fa- ‘‘(C) The Postmaster General may exercise such as Carrie Chapman Catt, a native ther of two daughters, I am hopeful the suspension authority under subpara- graph (A) once with respect to a single emer- of Ripon, Wisconsin, who served as the that the world we leave to our children gency for any specific post office.’’.∑ last president of the National Amer- and grandchilren will be deviod of do- ican Women Suffrage Association, and mestic violence and other forms of gen- f was the founder and first president of der-based discrimination, harrassment, INTERNATIONAL WOMEN’S DAY the National League of Women Voters. and violence. As we prepare to enter ∑ Mr. FEINGOLD. Mr. President, I rise Her influence on the direction and suc- the 21st century, we must redouble our today to join others around the world cess of the suffrage movement is leg- efforts to protect and promote the

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3877 rights of women and girls at home and liberty—and a profound concern for any Cu- pain is less concerned with the pain of grief- abroad.∑ bans so desperate to escape Fidel Castro’s stricken Americans, it would appear, than Caribbean hellspot that they would risk with the pain Castro might feel if the judg- f their lives to get away. ment were paid. HUMAN RIGHTS IN CUBA AND On Feb. 24, 1996, Carlos, Armando, Mario, The administration’s position is stag- COMMEMORATING THE BROTH- and Pablo took off from an airfield in Opa- gering. Castro is an open and declared enemy ERS TO THE RESCUE Locka, Fla. They intended to fly just below of the United States and has been for 40 the 24th parallel, well north of Cuba’s terri- years. In sending combat aircraft to slaugh- ∑ Mr. MACK. Mr. President, I rise torial waters. Both planes contacted Havana ter four unarmed Americans engaged in hu- today to express my support for Senate air-traffic controllers as they approached the manitarian rescue work, he committed an Resolution 57 condemning the Cuban 24th parallel, identifying themselves and giv- act of war. The response of the United States government’s human rights record and ing their position. Whereupon the Cuban Air should have been to remove Castro from calling on the President to make all ef- Force, without warning and without reason, power and put him in the dock for crimes forts necessary to pass a resolution scrambled two MiG fighters and blew the res- against humanity. (for the murder of just cue planes out of the sky. ‘‘one’’ American in 1989, the United States condemning Cuba at the UN Human The Cessnas and their passengers were dis- invaded Panama and seized Manuel Noriega.) Rights Commission meeting in Geneva, integrated by the Cuban MiGs. Only a large Clinton’s appeasement of Castro is a cruel Switzerland. oil slick marked the spot where they went betrayal. The families of the dead Brothers Many people have written and spoken down. No bodies were ever recovered. of the Rescue deserve better from their gov- about the latest crackdown in Cuba as Three of the men—Carlos, Mario, and ernment. And the tormented people of Cuba, if they were discovering for the first Armando—were US citizens. Pablo, a former bleeding under Castro’s whip, deserve better time the nature of Fidel Castro’s bru- refugee who had himself been saved by from their free and powerful neighbor to the tal regime. Fidel Castro is a tyrant. He Brothers to the Rescue in 1992, was a perma- north. nent US resident. What happens when four rules with absolute authority and uses Mr. President, it is clear to me that American civilians are butchered in cold the United States has failed to stand fear and greed to maintain his power. blood, over international waters, by the air For forty years he has demonstrated to force of a Third World dictatorship? What up for the protection of the individual us his nature. He has not changed. We terrible retribution does the United States when damaged by international ter- must continue our pressure on him— exact for a quadruple murder so barbaric and rorism. I spoke last week about this voice our opposition to him. And we unprovoked? administration’s failure to adequately must continue our support for the The astonishing answer is: Nothing hap- address terrorism in the Middle East. struggling Cuban people. The choice pens. There is no retribution. Indeed, the The pattern remains consistent—ap- Clinton administration takes the position should not be difficult to make: we pease the enemies of freedom, the ad- not only that Castro must not be punished vocates of terror, in the hopes that must stand with those suffering under for the four lives he destroyed, but that the one of the few totalitarian Marxists re- victims’ families must not be permitted to they will not strike again. This ap- maining in power in the world, and we recover anything for their loss. proach simply fails. I don’t know how must stand up to condemn the actions In the wake of the shootdown, under in- to say it any more directly than that. of the brutal regime. tense political pressure, President Clinton This approach fails. One clear reminder of who we are agreed to sign the Helms-Burton Act. Title The Congress passed a law last year dealing with is the murder in the Flor- III of the statute allows American citizens supporting the awarding of damages whose property was confiscated by the Cuban ida straits of four Americans in 1996. from the frozen assets of terrorist government—Castro nationalized billions of states being held by the Treasury De- They were flying a humanitarian mis- dollars’ worth of American assets in the sion when the Cuban Air Force shot 1960s—to file suit against any foreign com- partment to American victims. This their unarmed aircraft out of the sky. pany using that property. Title IV bars any law can help the families of the Broth- For three years, Mr. President, we have officer of a foreign company trafficking in ers to the Rescue pilots. The President, all known about this murder, and for stolen American property from receiving a however, waived this relief asserting three years, I have been struggling to visa to enter the United States. our national security interests would understand why this administration re- Properly enforced, Helms-Burton would be better served by protecting Castro’s weaken Castro’s grip on power by reducing fuses to take appropriate action. money. How can this be? Nobody has the flow of foreign capital into his treasury. provided to me an adequate expla- The Boston Globe published a very But Helms-Burton is not properly enforced. powerful essay by columnist Jeff Title III has never taken effect because Clin- nation of what interest would cause us Jacoby to mark this anniversary. I’d ton keeps suspending it (as the law permits protect terrorism and shun American like to read from it. Jeff captures the him to do if he finds that a suspension ‘‘will victims. starkness of the mismatched foreign expedite a transition to democracy in Mr. President, this resolution calls policy in place, comparing the act, Cuba’’). Title IV has never taken effect be- on the United States to stand up for which Fidel Castro committed with cause the State Department refuses to carry freedom, justice, and human dignity. It this administration’s unprincipled re- it out. states that the President of the United The hobbling of Helms-Burton is a stinging States should lead on this issue by hav- sponse. His piece is titled ‘‘Murder insult to the memory of the four murdered Over the High Seas.’’ men. But the Clinton administration has de- ing the United States introduce and They were trying to save lives. Three years livered a cut unkinder still. make all efforts necessary to pass a ago this week, they paid with their own. In 1996, the families of Armando, Carlos, resolution in Geneva condemning the When Armando Alejandre, Carlos Costa, and Mario sued the Cuban government for human rights record of the Cuban gov- Mario de la Pena, and Pablo Morales took to damages caused by the wrongful deaths of ernment. Mr. President, if there is one the skies that day in their little blue-and- their loved ones, a legal remedy specifically time and one place where we are white Cessna 337s, their plan was to search authorized by the Anti-Terrorism and Effec- obliged to condemn human rights prac- the Florida Straits for stranded boat people, tive Death Penalty Act. In December 1997, tices, it is at the UN Commission meet- refugees fleeing Cuba in makeshift rafts or Senior US District Judge James Lawrence flimsy inner tubes. There was little enough King awarded the plaintiffs $187.7 million in ing in Geneva each year. That is what the fliers could do for any rafters they came damages. ‘‘Cuba’s extrajudicial killings . . . this resolution calls for, and I call for upon—toss down food and bottled water, were inhumane acts against innocent civil- its immediate passage.∑ radio their location to the Coast Guard—but ians,’’ he wrote in his final judgment. ‘‘The f that little could make the difference be- fact that the killings were premeditated and tween life and death. intentional, outside Cuban territory, wholly JOE DIMAGGIO Of the four, Carlos was the most experi- disproportionate, and executed without ∑ Mr. MOYNIHAN. ‘‘Joe, Joe enced. He had flown more than 500 such mis- warning . . . makes this act unique in its DiMaggio, we want you on our side!’’ sions for Brothers to the Rescue, and had brazen flouting of international norms.’’ saved scores of boat people from drowning or But when the families attempted to collect Well, he is on the other side now, but dying of thirst. Armando, by contrast, was their judgment out of frozen Cuban assets, stays with us in our memories. going up for only the second time. What all the Clinton administration blocked them. Mine are, well, special to me. It four had in common was a love of American The president famous for feeling people’s would be in 1938 or 1939 in Manhattan.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 3878 CONGRESSIONAL RECORD—SENATE March 8, 1999 The Depression lingered. Life was, well, munity. As I have traveled around tries and called for women to have the life. But there was even so somebody Washington state, I hear again and right to vote, the right to hold public who made a great difference and that again about the great strides ‘‘First office, for vocational training and to was Lou Gehrig of the New York Book’’ has made in improving chil- end discrimination against women in Yankees. I admired him as no other dren’s literacy and in particular, I hear the workplace. man. Read of him each day, or so it remarkable praise for Bernice Shivley, Mr. President, women’s rights have seemed, in the Daily News. And yet I the First Book Coordinator in Pend come a long way since then. But we had never seen him play. One summer Oreille County. still have farther to go. day my mother somehow found the First Book is a national non-profit Mr. President, the purpose now of needful sixty cents. Fifty cents for a organization with a single mission: To International Women’s Day is to pro- ticket at the Stadium, a nickel for the give disadvantaged children the oppor- mote many causes important to women subway up and back. Off I went in high tunity to read and own their first new and girls, such as education, leadership expectation. But Gehrig, disease I must book. At the national level, First Book development and ongoing human rights assume was now in progress, got no hit. has developed a sustained network of struggles. Supporters of this day would A young rookie I had scarce noticed hit strategic partnerships with groups and like to see economic justice for women, a home run. Joe DiMaggio. It began to companies like the American Library freedom from glass ceilings, violent drizzle, but they kept the game going Association and Barnes & Noble, Inc. workplace environments and sexual just long enough so there would be no The key to First Book’s success, how- harassment, and the elimination of raincheck. I went home lifeless and lay ever, is the inspiration and commit- child labor in sweatshops. on my bed desolate. ment of local communities. In addition, Mr. President, a concur- Clearly I was in pain, if that is the In each locality, First Book estab- rent celebration of International Wom- word. The next day my mother some- lishes an advisory board comprised of en’s Day has blossomed in New Jersey. how came up with yet another sixty volunteer leaders including librarians, New Jersey, in fact, is the only state cents. Up I went. And the exact same teachers, retailers, and public officials. where International Women’s Day is sequence occurred. These boards work with existing local celebrated state-wide in classrooms I went home. But not lifeless. To the literacy programs to increase the and community centers everywhere. contrary, animated. availability of tutors, book grants, and In 1992, New Jersey’s celebration was For I hated Joe DiMaggio. For life. to promote special events—all in the founded in Metuchen with the help of I knew this to be a sin, but it did not name of improved literacy. Most im- organizations like Women Helping matter. Gehrig retired, then died. My portantly, perhaps, First Book reaches Women, Citizens for Quality Education animus only grew more animated. out to the children who are most dif- and the Metuchen Public Schools. Thirty years and some went by. I was ficult to reach: the children in soap Since then, the New Jersey state legis- now the United States Permanent Rep- kitchens and in homeless shelters, in lature, the White House and the United resentative to the United Nations. One church basements and in youth cen- Nations have all recognized this cele- evening I was having dinner at an ters. bration as important in the evolution Italian restaurant in midtown. As our In Pend Oreille County, which is in of women’s rights. The Young Women’s company was about finished, who the northeast corner of Washington Christian Association (YWCA) of the walked in but DiMaggio himself, ac- state, Bernice Shivley has made the U.S.A., one of the oldest and largest companied by a friend. They took a success of First Book her passion. The women’s organizations in the world, table against the wall opposite. I regional coordinator for First Book has also become a vital sponsor of watched. He looked over, smiled and tells me that ‘‘Bernice is a model for International Women’s Day. gave a sort of wave. Emboldened, as we what First Book is all about.’’ She has Mr. President, this year’s celebration were leaving, I went over to shake graciously volunteered her time and is entitled, ‘‘Women Working for hands. He rose wonderfully to the occa- has spent countless hours creating an Health: Body, Mind, Spirit,’’ focusing sion. advisory board, securing donations on women in the workplace. In class- I went out on 54th Street as I recall. from area business, and identifying rooms across New Jersey, women from And of a sudden was struck as if by local literacy programs to support. For all walks of life, including veterinar- some Old Testament lightening. ‘‘My these reasons, I am awarding Bernice ians, pilots, judges, community lead- God,’’ I thought, ‘‘he has forgiven me!’’ the second of my weekly ‘‘Innovation ers, and medical researchers, have been He must have known about me all in Education Awards.’’ invited to discuss their personal and those years, but he returned hate with It is the actions of people like Ber- professional experiences with students love. My soul had been in danger and nice around the country that should re- at levels ranging from kindergarten to he had rescued me. mind us here in Washington, DC that adult education programs. These price- Still years later, just a little while those closest to our children are best less exchanges will provide young girls ago the Yankees won another pennant. equipped to make important decisions and women with mentors, role models Mayor Guiliani arranged a parade from regarding their education. I commend and friends. the Battery to City Hall. Joe was in Bernice for her outstanding work on Mr. President, I am happy to join in the lead car; I was to follow. As we behalf of the children and citizens of the celebration of International Wom- waited to get started, I went up to him, Pend Oreille County.∑ en’s Day in New Jersey, and all that it introduced myself and told of having f does to foster the promotion of equal watched him at the Stadium these rights for women. I hope my colleagues INTERNATIONAL WOMEN’S DAY many years ago. ‘‘But I have to tell will do the same.∑ ∑ you,’’ I added, ‘‘Lou Gehrig was my Mr. LAUTENBERG. Mr. President, I f hero.’’ rise today to recognize March 8th as CLIMATE CHANGE BILL AWARDING ‘‘He was my hero, too,’’ said Joe.∑ the annual celebration of International CREDIT FOR EARLY ACTION f Women’s Day in the State of New Jer- sey. ∑ Mr. JEFFORDS. Mr. President, cli- RECOGNIZING BERNICE SHIVLEY, International Women’s Day began in mate change poses potential real FIRST BOOK COORDINATOR, 1911, when over one million people from threats to Vermont, the Nation, and PEND OREILLE COUNTY, WASH- around the world gathered to honor the World. While we cannot yet predict INGTON women in the workplace and enhance the exact timing, magnitude, or nature ∑ Mr. GORTON. Mr. President, today I women’s rights universally. The many of these threats, we must not let our rise to recognize Bernice Shivley in my citizens from Austria, Denmark, Ger- uncertainty lead to inaction. home state of Washington for her ef- many, Sweden and the United States Preventing climate change is a forts to promote literacy in her com- attended rallies in their home coun- daunting challenge. It will not be

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3879 solved by a single bill or a single ac- out against the actual reduction in Rich continues to pass on his craft to tion. As we do not know the extent of total emissions. Since the ultimate young attorneys, teaching Criminal the threat, we also do not know the ex- goal is to reduce U.S. emissions, this Trial Advocacy courses. And he goes tent of the solution. But we cannot let provision would allow a means to en- the extra mile for victims, serving as our lack of knowledge lead to lack of sure that we do not give all of our cred- Chairman of Delaware’s Criminal Jus- action. We must start today. Our first its away without ensuring that our tice Council’s Victims’ Subcommittee. steps will be hesitant and imperfect, emissions levels are actually decreas- Delaware and our country’s U.S. De- but they will be a beginning. ing. partment of Justice are better for the Today I am joining Senator CHAFEE, With these two additions, Credit for continued service of Rich Andrews. He Senator MACK, Senator LIEBERMAN, and Early Action will bring great rewards is an honest, down-to-earth, tough a host of others in cosponsoring the to our country, our economy, and our prosecutor and dedicated public serv- Credit for Early Action Act in the U.S. environment. It will save money, give ant. It is my pleasure to recognize this Senate. industry the certainty to plan for the second-in-command as he continues to Credit for Early Action gives incen- future, and promote energy efficiency serve as the Chief Criminal prosecutor tives to American businesses to volun- and renewable energy, all while reduc- for Delaware’s U.S. Attorney’s Office. tarily reduce their emissions of green- ing our risk from climate change. This It’s a simple thank you for a job well house gases. Properly constructed, legislation sends the right message: done.∑ Credit for Early Action will increase companies will be rewarded for doing f energy efficiency, promote renewable the right thing—increasing energy effi- ANTITRUST MERGER REVIEW ACT energy, provide cleaner air, and help ciency and renewable energy use.∑ ∑ reduce the threat of possible global cli- f Mr. DEWINE. Mr. President, I rise matic disruptions. It will help industry today in support of the ‘‘Antitrust plan for the future and save money on RICHARD G. ANDREWS Merger Review Act’’ (S. 467), a bill that energy. It rewards companies for doing ∑ Mr. BIDEN. Mr. President, I rise I introduced with Senator KOHL, the the right thing—conserving energy and today to recognize a man who has been ranking minority member of the Anti- promoting renewable energy. Without a pillar of loyalty, integrity and con- trust, Business Rights and Competition Credit for Early Action, industries tinuity in Delaware’s U.S. Attorney’s Subcommittee. which do the right thing run the risk of office for the past 15 years. S. 467 is, plain and simple, a bill that being penalized for having done so. We We all know men and women who are imposes time limits on the FCC review introduce this bill as a signal to indus- the pillars of federal government of- of telecom mergers. This bill will not try, you will not be penalized for in- fices—people who keep the wheels of limit the scope of the FCC review, or creasing energy efficiency and invest- government turning as changes occur attempt to dictate to the FCC how to ing in renewable energy, you will be re- around them. Richard G. Andrews is evaluate these mergers; instead, it will warded. that pillar who keeps Delaware’s U.S. simply impose a deadline for FCC ac- In writing this bill, Senators CHAFEE, Attorney’s Office standing tall and tion. MACK, and LIEBERMAN have done an ex- strong. I respect his legal talents, pro- As I have stated before, tele- cellent job with a difficult subject. I fessionalism, work ethic and people communications mergers have a major am cosponsoring the Credit for Early skills. And I recognize this dedicated impact on competition, and they re- Action legislation as an endorsement public servant today, not because he’s quire careful scrutiny from the FCC. for taking a first step in the right di- retiring—fortunately he’s still working However, careful scrutiny does not rection. I will be working with my col- as hard as ever—but simply because he mean endless scrutiny. These mergers leagues throughout this Congress to deserves the recognition. must be evaluated in a timely fashion, strengthen this legislation to ensure As an Assistant U.S. Attorney since so that the merging parties and their that it strongly addresses the chal- 1983, and Chief of the Criminal Division competitors can move forward. The lenges that lie ahead. The bill must be for the past five years, Rich has earned longer these deals remain under review changed to guarantee that our emis- a reputation as a tough, fair prosecutor the longer the market remains in sions will decrease to acceptable levels, in the nearly 40 felony jury cases he limbo, and the longer it will be before and guarantee that credits will be has tried. He was involved with the we see vigorous competition. given out equitably. These modifica- most far-reaching FBI undercover sting Accordingly, Senator KOHL and I tions can be summarized in a single operation in Delaware history that have introduced S. 467, and plan to sentence: credits awarded must be pro- sent several top State and County offi- work with our colleagues on the Judi- portional to benefits gained. This goal cials to prison for bribery convictions. ciary Committee and with Senator can be achieved through two additions: He also sent the Vice President of the MCCAIN and Senator HOLLINGS and the a rate-based performance standard and Pagan Motorcycle Club to jail for 25 rest of the Commerce Committee, to a cap on total emissions credits. years for running a drug distribution move this bill forward and help in- The rate-based performance standard ring. And he prosecuted the men con- crease the pace of competition in the is the most important item. A rate- victed of bilking the federal govern- telecommunications industry.∑ based standard gives credits to those ment and taxpayers out of nearly half- ∑ Mr. KOHL. Mr. President, I rise companies which are the most efficient a-million dollars in a student loan today in support of the ‘‘Antitrust in their class—not those that are the scam. Merger Review Act’’ (S. 467), a bill that biggest and dirtiest to begin with. Rich Andrews started his legal career I introduced with Senator DEWINE, my Companies are rewarded for producing learning from the best—he was law colleague on the Antitrust Sub- the most product for the least amount clerk to the late U.S. Court of Appeals committee. This measure sets a dead- of emissions. Small and growing com- Judge for the Third Circuit, Chief line on the Federal Communications panies would have the same opportuni- Judge Collins J. Seitz. Commission when it reviews mergers. ties to earn credits as large companies. It’s no wonder that distinguished ex- In other words, our bill says to the This system would create a just and eq- perience marked the beginning of FCC: approve a merger, reject it, or uitable means of awarding emissions many more honors to come. In 1996, apply conditions. But don’t sit on it. credits to companies which voluntarily FBI Director Louis Freeh issued a com- All too often, telecommunication increase their energy efficiency and re- mendation to him for the convictions companies, their customers, and their newable energy use. of three top officials of Madison & Co. employees are left to mercy of a time- The second item is an adjustable an- in $1 million securities fraud case. In consuming merger review process—a nual cap on total emissions credits. An 1993, he was commended for pros- process in which the two lead agencies, adjustable annual cap allows Congress ecuting ocean dumpers off the Dela- the Department of Justice and the to weigh the number of credits given ware coast. FCC, act in sequence rather than in

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 3880 CONGRESSIONAL RECORD—SENATE March 8, 1999 tandem. Like the DOJ and the Federal rectly or indirectly, any voting securities or ‘‘(c) The following classes of transactions Trade Commission, who have deadlines assets of any other person, unless both per- are exempt from the requirements of this under the Hart-Scott-Rodino laws, sons (or in the case of a tender offer, the ac- section— there is no compelling reason to let the quiring person) file notification pursuant to ‘‘(1) acquisitions of goods or realty trans- rules under subsection (d)(1) and the waiting ferred in the ordinary course of business; FCC ‘‘hang back’’ and wait until the period described in subsection (b)(1) has ex- ‘‘(2) acquisitions of bonds, mortgages, end. pired, if— deeds of trust, or other obligations which are Our bill is simple, effective and ‘‘(1) the acquiring person, or the person not voting securities; straightforward, and sets reasonable whose voting securities or assets are being ‘‘(3) acquisitions of voting securities of an time limits for the FCC to follow. acquired, is engaged in commerce or in any issuer at least 50 per centum of the voting When a license transfer application is activity affecting commerce; securities of which are owned by the acquir- filed, the FCC will have 30 days to de- ‘‘(2)(A) any voting securities or assets of a ing person prior to such acquisition; cide whether or not a ‘‘second request’’ person engaged in manufacturing which has ‘‘(4) transfers to or from a Federal agency annual net sales or total assets of $10,000,000 or a State or political subdivision thereof; for further information is needed from or more are being acquired by any person the merging companies. If this second ‘‘(5) transactions specifically exempted which has total assets or annual net sales of from the antitrust laws by Federal statute; request phase is needed, the FCC will $100,000,000 or more; ‘‘(6) transactions specifically exempted then have six months after receiving ‘‘(B) any voting securities or assets of a from the antitrust laws by Federal statute if the additional material—so-called person not engaged in manufacturing which approved by a Federal agency, if copies of all ‘‘substantial compliance’’—to make a has total assets of $10,000,000 or more are information and documentary material filed determination. For those familiar with being acquired by any person which has total with such agency are contemporaneously antitrust laws, these time limits are assets or annual net sales of $100,000,000 or filed with the Federal Trade Commission and more; or nothing new or shocking. If anything, the Assistant Attorney General; ‘‘(C) any voting securities or assets of a ‘‘(7) transactions which require agency ap- they make common sense by creating a person with annual net sales or total assets framework for a timely decision. And proval under section 10(e) of the Home Own- of $100,000,000 or more are being acquired by ers’ Loan Act (12 U.S.C. 1467a), section 18(c) this measure is entirely consistent any person with total assets or annual net of the Federal Deposit Insurance Act (12 with the thrust of the 1996 Telecom sales of $10,000,000 or more; and U.S.C. 1828(c)), or section 3 of the Bank Hold- Act, which strengthened the hand of ‘‘(3) as a result of such acquisition, the ac- ing Company Act of 1956 (12 U.S.C. 1842); quiring person would hold— the antitrust laws in addressing ‘‘(8) transactions which require agency ap- ‘‘(A) 15 per centum or more of the voting telecom mergers. See, e.g., Public Law proval under section 4 of the Bank Holding securities or assets of the acquired person, or Company Act of 1956 (12 U.S.C. 1843) or sec- 104–104 § 601(b). ‘‘(B) an aggregate total amount of the vot- tion 5 of the Home Owners’ Loan Act (12 But Mr. President, let me also tell ing securities and assets of the acquired per- U.S.C. 1464), if copies of all information and you what this bill is not. First, while son in excess of $15,000,000. our measure sets time limits on the documentary material filed with any such In the case of a tender offer, the person agency are contemporaneously filed with the FCC’s merger review process, it does whose voting securities are sought to be ac- Federal Trade Commission and the Assistant not change the FCC’s substantive role quired by a person required to file notifica- Attorney General at least 30 days prior to in approving or rejecting these deals. tion under this subsection shall file notifica- consummation of the proposed transaction; tion pursuant to rules under subsection (d). Others have suggested doing this, but ‘‘(9) acquisitions, solely for the purpose of ‘‘(b)(1) The waiting period required under many of us believe that the FCC subsection (a) shall— investment, of voting securities, if, as a re- through application of its ‘‘public in- ‘‘(A) begin on the date of the receipt by the sult of such acquisition, the securities ac- terest test’’ can obtain market-opening Federal Trade Commission and the Assistant quired or held do not exceed 10 per centum of concessions from merging companies Attorney General in charge of the Antitrust the outstanding voting securities of the that the DOJ, under antitrust laws, Division of the Department of Justice (here- issuer; inafter referred to in this section as the ‘As- ‘‘(10) acquisitions of voting securities, if, as simply cannot. Second, though some in a result of such acquisition, the voting secu- Congress may want to revisit other as- sistant Attorney General’) of— ‘‘(i) the completed notification required rities acquired do not increase, directly or pects of the Hart-Scott-Rodino anti- indirectly, the acquiring person’s per centum trust laws, this bill is not a vehicle for under subsection (a), or ‘‘(ii) if such notification is not completed, share of outstanding voting securities of the substantive changes—they are best left the notification to the extent completed and issuer; for other measures at another time. a statement of the reasons for such non- ‘‘(11) acquisitions, solely for the purpose of This is not a perfect piece of legisla- compliance, from both persons, or, in the investment, by any bank, banking associa- tion to be sure, but it is a step in the case of a tender offer, the acquiring person; tion, trust company, investment company, right direction. Still, it is a work in and or insurance company, of (A) voting securi- progress, so we plan to work together ‘‘(B) end on the thirtieth day after the date ties pursuant to a plan of reorganization or dissolution; or (B) assets in the ordinary with our colleagues, Senator HOLLINGS of such receipt (or in the case of a cash ten- der offer, the fifteenth day), or on such later course of its business; and and Senator MCCAIN, and to get input ‘‘(12) such other acquisitions, transfers, or from all the affected parties. After date as may be set under subsection (e)(2) or (g)(2). transactions, as may be exempted under sub- that, we will ask for our colleagues’ ‘‘(2) The Federal Trade Commission and section (d)(2)(B). support for this bipartisan proposal, the Assistant Attorney General may, in indi- ‘‘(d) The Federal Trade Commission, with which will help companies get on with vidual cases, terminate the waiting period the concurrence of the Assistant Attorney their businesses, and employees and specified in paragraph (1) and allow any per- General and by rule in accordance with sec- consumers get on with their lives. son to proceed with any acquisition subject tion 553 of title 5, United States Code, con- to this section, and promptly shall cause to sistent with the purposes of this section— Finally, Mr. President, I ask that the ‘‘(1) shall require that the notification re- text of the bill be printed in the be published in the Federal Register a notice that neither intends to take any action with- quired under subsection (a) be in such form RECORD. in such period with respect to such acquisi- and contain such documentary material and The text of the bill follows: tion. information relevant to a proposed acquisi- S. 467 ‘‘(3) As used in this section— tion as is necessary and appropriate to en- Be it enacted by the Senate and House of ‘‘(A) The term ‘voting securities’ means able the Federal Trade Commission and the Representatives of the United States of America any securities which at present or upon con- Assistant Attorney General to determine in Congress assembled, version entitle the owner or holder thereof whether such acquisition may, if con- SECTION 1. SHORT TITLE. to vote for the election of directors of the summated, violate the antitrust laws; and This Act may be cited as the ‘‘Antitrust issuer or, with respect to unincorporated ‘‘(2) may— Merger Review Act’’. issuers, persons exercising similar functions. ‘‘(A) define the terms used in this section; SEC. 2. RESTATEMENT AND IMPROVEMENT OF ‘‘(B) The amount or percentage of voting ‘‘(B) exempt, from the requirements of this SECTION 7A OF THE CLAYTON ACT. securities or assets of a person which are ac- section, classes of persons, acquisitions, (a) IN GENERAL.—Section 7A of the Clayton quired or held by another person shall be de- transfers, or transactions which are not like- Act (15 U.S.C. 18a) is amended to read as fol- termined by aggregating the amount or per- ly to violate the antitrust laws; and lows: centage of such voting securities or assets ‘‘(C) prescribe such other rules as may be ‘‘SEC. 7A. (a) Except as exempted pursuant held or acquired by such other person and necessary and appropriate to carry out the to subsection (c), no person shall acquire, di- each affiliate thereof. purposes of this section.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3881 ‘‘(e)(1) The Federal Trade Commission or been extended under subsection (e)(2) until shall certify to the Federal Communications the Assistant Attorney General may, prior there has been substantial compliance, ex- Commission whether or not such party has to the expiration of the 30-day waiting period cept that, in the case of a tender offer, the complied substantially with the request. (or in the case of a cash tender offer, the 15- court may not extend such waiting period on ‘‘(4) Whenever consideration of an applica- day waiting period) specified in subsection the basis of a failure, by the person whose tion referred to in paragraph (1) includes one (b)(1), require the submission of additional stock is sought to be acquired, to comply or more requests for documents and informa- information or documentary material rel- substantially with such notification require- tion under paragraph (2), the Federal Com- evant to the proposed acquisition, from a ment or any such request; and munications Commission shall complete the person required to file notification with re- ‘‘(C) may grant such other equitable relief consideration of the application not later spect to such acquisition under subsection as the court in its discretion determines nec- than 180 days after the date on which all par- (a) prior to the expiration of the waiting pe- essary or appropriate, ties covered by such requests have certified riod specified in subsection (b)(1), or from upon application of the Federal Trade Com- to the Federal Communications Commission any officer, director, partner, agent, or em- mission or the Assistant Attorney General. under paragraph (3)(B) that such parties ployee of such person. ‘‘(h) Any information or documentary ma- have complied substantially with such re- ‘‘(2) The Federal Trade Commission or the terial filed with the Assistant Attorney Gen- quests. Assistant Attorney General, in its or his dis- eral or the Federal Trade Commission pursu- ‘‘(5)(A) In any case in which the Federal cretion, may extend the 30-day waiting pe- ant to this section shall be exempt from dis- Communications Commission does not re- riod (or in the case of a cash tender offer, the closure under section 552 of title 5, United quest under paragraph (2) any documents 15-day waiting period) specified in subsection States Code, and no such information or doc- and information for the consideration of an (b)(1) for an additional period of not more umentary material may be made public, ex- application referred to in paragraph (1), the than 20 days (or in the case of a cash tender cept as may be relevant to any administra- Federal Communications Commission shall offer, 10 days) after the date on which the approve or deny the transfer of license, or Federal Trade Commission or the Assistant tive or judicial action or proceeding. Noth- ing in this section is intended to prevent dis- the acquisition and operation of lines, cov- Attorney General, as the case may be, re- ered by the application not later than 30 ceives from any person to whom a request is closure to either body of Congress or to any duly authorized committee or subcommittee days after the date of the submittal of the made under paragraph (1), or in the case of application to the Federal Communications tender offers, the acquiring person, (A) all of Congress. ‘‘(i)(1) Any action taken by the Federal Commission. the information and documentary material ‘‘(B) In any case in which the Federal Com- required to be submitted pursuant to such a Trade Commission or the Assistant Attorney munications Commission requests under request, or (B) if such request is not fully General or any failure of the Federal Trade paragraph (2) documents and information for complied with, the information and docu- Commission or the Assistant Attorney Gen- the consideration of an application referred mentary material submitted and a state- eral to take any action under this section to in paragraph (1), the Federal Communica- ment of the reasons for such noncompliance. shall not bar any proceeding or any action tions Commission shall approve or deny the Such additional period may be further ex- with respect to such acquisition at any time transfer of license, or the acquisition and op- tended only by the United States district under any other section of this Act or any eration of lines, covered by the application court, upon an application by the Federal other provision of law. on the date of the completion of consider- Trade Commission or the Assistant Attorney ‘‘(2) Nothing contained in this section shall ation of the application under paragraph (4). General pursuant to subsection (g)(2). limit the authority of the Assistant Attor- ‘‘(f) If a proceeding is instituted or an ac- ney General or the Federal Trade Commis- ‘‘(C) If the Federal Communications Com- tion is filed by the Federal Trade Commis- sion to secure at any time from any person mission does not approve or deny an applica- sion, alleging that a proposed acquisition documentary material, oral testimony, or tion for a transfer of license, or for the ac- violates section 7 of this Act or section 5 of other information under the Antitrust Civil quisition and operation of lines, by the date the Federal Trade Commission Act, or an ac- Process Act, the Federal Trade Commission set forth in subparagraph (A) or (B), which- tion is filed by the United States, alleging Act, or any other provision of law. ever applies, the application shall be deemed that a proposed acquisition violates such ‘‘(j) Beginning not later than January 1, approved by the Federal Communications section 7 or section 1 or 2 of the Sherman 1978, the Federal Trade Commission, with Commission as of such date. Approval under Act, and the Federal Trade Commission or the concurrence of the Assistant Attorney this subparagraph shall be without condi- the Assistant Attorney General (1) files a General, shall annually report to Congress tions. motion for a preliminary injunction against on the operation of this section. Such report ‘‘(6)(A) Any party seeking to challenge the consummation of such acquisition pendente shall include an assessment of the effects of reasonableness of a request of the Federal lite, and (2) certifies the United States dis- this section, of the effects, purpose, and need Communications Commission under para- trict court for the judicial district within for any rules promulgated pursuant thereto, graph (2) shall bring an action in the United which the respondent resides or carries on and any recommendations for revisions of States District Court of the District of Co- business, or in which the action is brought, this section. lumbia seeking a declaratory judgment or that it or he believes that the public interest ‘‘(k)(1) The consideration by the Federal injunctive relief with respect to that chal- requires relief pendente lite pursuant to this Communications Commission of any applica- lenge. subsection, then upon the filing of such mo- tion for a transfer of license, or the acquisi- ‘‘(B) In seeking to challenge the compli- tion and certification, the chief judge of such tion and operation of lines, that is associated ance under paragraph (3) of a party with a district court shall immediately notify the with an acquisition subject to this section request under paragraph (2), the Federal chief judge of the United States court of ap- shall be governed by the procedures set forth Communications Commission shall bring an peals for the circuit in which such district in this subsection. action in the United States District Court of court is located, who shall designate a ‘‘(2)(A) Upon receipt of an application re- the District of Columbia seeking a declara- United States district judge to whom such ferred to in paragraph (1), the Federal Com- tory judgment or injunctive relief with re- action shall be assigned for all purposes. munications Commission may submit to the spect to that challenge. ‘‘(g)(1) Any person, or any officer, director, party or parties covered by the application a ‘‘(C) The period of an action under this or partner thereof, who fails to comply with request for any documents and information paragraph may not be taken into account in any provision of this section shall be liable necessary for consideration of the transfer of determining the passage of time under a to the United States for a civil penalty of license, or acquisition and operation of lines, deadline under this subsection. not more than $10,000 for each day during addressed in the application. ‘‘(7) No provision of this subsection may be which such person is in violation of this sec- ‘‘(B) The Federal Communications Com- construed to limit or modify— tion. Such penalty may be recovered in a mission shall submit a request under sub- ‘‘(A) the standards utilized by the Federal civil action brought by the United States. paragraph (A), if at all, not later than 30 Communications Commission under the ‘‘(2) If any person, or any officer, director, days after receipt of the application in ques- Communications Act of 1934 (47 U.S.C. 151 et partner, agent, or employee thereof, fails tion. seq.) in considering or approving transfers of substantially to comply with the notifica- ‘‘(3)(A) A party subject to a request from licenses, or the acquisition and operation of tion requirement under subsection (a) or any the Federal Communications Commission lines, covered by an application referred to request for the submission of additional in- under paragraph (2) shall submit to the Fed- in paragraph (1); or formation or documentary material under eral Communications Commission the docu- ‘‘(2) the authority of the Federal Commu- subsection (e)(1) within the waiting period ments and information identified in the re- nications Commission under that Act to im- specified in subsection (b)(1) and as may be quest. pose conditions upon the transfer of licenses, extended under subsection (e)(2), the United ‘‘(B) At the completion of the submission or the acquisition and operation of lines, States district court— to the Federal Communications Commission pursuant to such consideration or approval. ‘‘(A) may order compliance; of documents and information pursuant to a ‘‘(8) Subsection (g)(1) shall not apply with ‘‘(B) shall extend the waiting period speci- request under subparagraph (A), the party respect to the activities of a party under this fied in subsection (b)(1) and as may have submitting such documents and information subsection.’’.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 3882 CONGRESSIONAL RECORD—SENATE March 8, 1999 (b) EFFECTIVE DATE.—(1) Except as pro- considered read the third time and MEASURE READ THE FIRST vided in paragraph (2), the amendment made passed, the motion to reconsider be TIME—S.J. RES. 13 by subsection (a) shall take effect on the laid upon the table, and that any state- Mr. JEFFORDS. Mr. President, I un- date of the enactment of this Act. ments relating to the bill be placed in (2) Subsection (k) of section 7A of the Clay- derstand that S.J. Res. 13, which was ton Act, as amended by subsection (a) of this the RECORD. introduced earlier by Senator ABRAHAM section, shall take effect 30 days after the The PRESIDING OFFICER. Without and others, is at the desk, and I ask for date of the enactment of this Act, and shall objection, it is so ordered. its first reading. apply with respect to applications referred to The bill (H.R. 882) was deemed read The PRESIDING OFFICER. The in such subsection (k) that are submitted to the third time and passed. clerk will read the resolution for the the Federal Communications Commission on f or after that date.∑ first time. The bill clerk read as follows: f EXECUTIVE SESSION A joint resolution (S.J. Res. 13) proposing TRIBUTE TO MICHAEL A. NAPP an amendment to the Constitution of the ∑ Mr. SANTORUM. Mr. President, I EXECUTIVE CALENDAR United States to protect Social Security. rise today to pay tribute to Michael A. Mr. JEFFORDS. Mr. President, I ask Mr. JEFFORDS. Mr. President, I now Napp from Milton, Pennsylvania for unanimous consent that the Senate im- ask for its second reading, and I object achieving the honored rank of Eagle mediately proceed to the executive ses- to my own request. Scout. Scouting is recognized around sion to consider the following nomina- The PRESIDING OFFICER. The ob- the world as one of the premiere citi- tion on the Executive Calendar: No. 5; jection is heard. zenship and leadership training activi- I further ask unanimous consent that The bill will be read the second time ties. I am proud of the young people in the nomination be confirmed, the mo- on the next legislative day. Pennsylvania, like Michael, who go the tion to reconsider be laid upon the f extra mile to achieve this honorable table, and any statements relating to rank. the nomination appear in the RECORD, Eagle Scouts learn valuable lessons ORDERS FOR TUESDAY, MARCH 9, the President be immediately notified 1999 in leadership, honor and pride in their of the Senate’s action, and the Senate communities. Since joining the scouts immediately return to legislative busi- Mr. JEFFORDS. Mr. President, I ask as a Tiger, Michael has served in sev- ness. unanimous consent that when the Sen- eral leadership positions including Sen- The PRESIDING OFFICER. Without ate completes its business today, it ior Patrol Leader and Historian. In ad- objection, it is so ordered. stand in adjournment until 10:30 a.m. dition to his involvement in scouting, The nomination considered and con- on Tuesday, March 9. I further ask con- Michael has assisted in a cleanup day firmed is as follows: sent that, on Tuesday, immediately in the borough of Milton and partici- NATIONAL INDIAN GAMING COMMISSION following the prayer, the Journal of the proceedings be approved to date, pated in an Adopt-A-Highway program. Montie R. Deer, of Kansas, to be Chairman He is also active in high school track of the National Indian Gaming Commission the morning hour be deemed to have and field and a member of the Junior for the term of three years. expired, the time for the two leaders be reserved, and there then be a period for National Honor Society, the National f Spanish Honor Society and the Key morning business until 11:30 p.m., with Club. LEGISLATIVE SESSION the following limitations: 10:30 to 11:30 Mr. President, I ask my colleagues to The PRESIDING OFFICER. Under under the control of Senator DURBIN or join with me in commending Michael the previous order, the Senate will re- his designee; 11:30 to 12:30 under the Napp for his outstanding community sume legislative session. control of Senator FRIST. I further ask consent that at the hour of 12:30 p.m., involvement. He has provided an excel- f lent example for youth in Pennsyl- the Senate stand in recess until the vania, and throughout the country.∑ HONORING MORRIS KING UDALL hour of 2:15 p.m. in order for the week- f Mr. JEFFORDS. I ask unanimous ly party caucuses to meet. consent that the Senate proceed to the The PRESIDING OFFICER. Without TO NULLIFY ANY RESERVATION immediate consideration of H. Con. objection, it is so ordered. OF FUNDS DURING FISCAL YEAR Res. 40. Mr. JEFFORDS. Mr. President, I fur- 1999 FOR GUARANTEED LOANS The PRESIDING OFFICER. The ther ask unanimous consent that when UNDER THE CONSOLIDATED clerk will report. the Senate reconvenes at 2:15 p.m., the FARM AND RURAL DEVELOP- The bill clerk read as follows: Senate resume consideration of S. 280 MENT ACT A concurrent resolution (H. Con. Res. 40) for debate only, to be equally divided Mr. JEFFORDS. I ask unanimous honoring Morris King Udall, former United between the chairman and ranking mi- consent that the Senate proceed to the States Representative from Arizona, and ex- nority member, or his designee, until immediate consideration of H.R. 882 tending the condolences of the Congress on the hour of 4 p.m. I further ask that which has been received from the his death. the cloture vote occur at 4 p.m. with- House. The PRESIDING OFFICER. Is there out the mandatory quorum under Rule The PRESIDING OFFICER. The objection to the immediate consider- XXII having been waived. clerk will report. ation of the resolution? The PRESIDING OFFICER. Without The bill clerk read as follows: There being no objection, the Senate objection, it is so ordered. proceeded to consider the concurrent A bill (H.R. 882) to nullify any reservation f of funds during fiscal year 1999 for guaran- resolution. teed loans under the Consolidated Farm and Mr. JEFFORDS. I ask unanimous Rural Development Act for qualified begin- consent that the concurrent resolution PROGRAM ning farmers or ranchers, and for other pur- be agreed to, the preamble be agreed Mr. JEFFORDS. For the information poses. to, a motion to reconsider be laid upon of all Senators, at 2:15 p.m. on Tues- The PRESIDING OFFICER. Is there the table, and a statement of expla- day, the Senate will resume consider- objection to the immediate consider- nation appear in the RECORD. ation of the Ed-Flex legislation. Under ation of the bill? The PRESIDING OFFICER. Without the order, a cloture vote will occur at There being no objection, the Senate objection, it is so ordered. 4 p.m. on Tuesday, with second-degree proceeded to consider the bill. The concurrent resolution (H. Con. amendments needed to be filed by 3 Mr. JEFFORDS. Mr. President, I ask Res. 40) was agreed to. p.m. in order to qualify for post-clo- unanimous consent that the bill be The preamble was agreed to. ture.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3883 ORDER FOR ADJOURNMENT 40 percent of it back in 1975 and 1976. human rights report noted significant Mr. JEFFORDS. Mr. President, if We are now at around 11 percent. If we progress in Nigeria’s human rights there is no further business to come be- were to fully fund it, it would do more record, although it still acknowledged fore the Senate, I now ask that the to allow the local communities and the that significant problems remain. Senate stand in adjournment under the States to be able to meet the edu- Now, as Nigeria plots its course previous order following my remarks cational needs of their people than any through the next stage of its multi- phase transition to civilian rule, Nige- and the remarks of Senators FEINGOLD, other act of this Congress. That is what rians, and we in the international com- MURRAY and KENNEDY. we are pushing for. I think it is a rea- The PRESIDING OFFICER. Without sonable thing to do. It would have no munity, must figure out how to react objection, it is so ordered. impact, of course, on the Elementary to these concurrent, though sometimes Mr. FEINGOLD addressed the Chair. and Secondary Education reauthoriza- contradictory, developments. Let me elaborate. The February 27 The PRESIDING OFFICER. The Sen- tion, except to give a tremendous op- presidential elections marked the last ator from Wisconsin is recognized. portunity for local governments to be freed up to work, and we could design of a series of four types of elections— f programs to go along with those op- local council, gubernatorial, legislative MEASURE READ THE FIRST tions. and presidential, respectively—that TIME—S. 564 With that, I hope tomorrow we will have taken place over the past three months according to the transition Mr. FEINGOLD. Mr. President, I un- be able to move matters along with program established by General derstand that Senate bill 564, intro- this amendment, which I think every- body ought to find desirable. Abdusalami Abubakar. Despite some duced earlier today by Senators MUR- I yield the floor. disturbing irregularities, these elec- RAY, KENNEDY and DASCHLE is at the Mr. FEINGOLD addressed the Chair. tions, and the campaign period pre- desk, and I ask for its first reading. The PRESIDING OFFICER. The Sen- ceding them, were conducted in a calm The PRESIDING OFFICER. The ator from Wisconsin is recognized. and orderly fashion, and—with the ex- clerk will read the bill for the first Mr. FEINGOLD. Mr. President, I ask ception of a few localized incidents— time. unanimous consent to speak as in without violence or physical intimida- The bill clerk read as follows: morning business for up to 20 minutes. tion. This process has been marked A bill (S. 564) to reduce class size, and for The PRESIDING OFFICER. Without throughout by a clear demonstration of other purposes. objection, it is so ordered. Gen. Abubakar’s commitment to the Mr. FEINGOLD. I ask for its second f transition program, including the reading. handover of power to elected civilian NIGERIAN ELECTIONS Mr. JEFFORDS. Objection. authorities on May 29, and the genuine The PRESIDING OFFICER. Objec- Mr. FEINGOLD. Mr. President, just efforts of the Independent National tion is heard. over a week ago we witnessed a sem- Electoral Commission charged with the Mr. JEFFORDS. If the Senator from inal event in Nigeria, the West African responsibility for conducting the elec- Wisconsin will yield, I have a couple of country that could hold the key to sta- tions themselves. comments that I would like to make. bility and prosperity in the region. Mil- Although the turnout was much Mr. FEINGOLD. That’s fine. lions of Nigerians participated in an lower than expected, particularly for f election to select the first civilian the presidential election, millions of president in almost two decades. Since Nigerians opted to participate in the PROGRESS ON THE ED-FLEX BILL gaining its independence in 1960, Nige- process, either through voting or civic Mr. JEFFORDS. Mr. President, I ria has survived a number of military work. According to reports from do- want to follow up by saying I think it’s coups and has been under the military mestic and international observers, the important that all of my colleagues un- rule of one regime or another for most conduct of the presidential election in derstand that, hopefully, what will of that time. Last weekend’s election many places was smooth, orderly and happen tomorrow is we will be able to was only the second democratic presi- implemented according to the estab- make some progress. I hope that my dential election in Nigeria the last 39 lished procedures. Particularly note- colleagues will read the amendment years. According to the official results, worthy was that the head-of-state him- that we have offered and that we will former Gen. Olusegun Obasanjo won a self, General Abubakar, was denied the hopefully have action tomorrow, which majority of votes throughout the coun- opportunity to vote because he arrived will give an opportunity for the schools try, and will be inaugurated as a civil- at his polling site too late to follow the themselves to make the choice as to ian president on May 29. required accreditation process. This ad- whether or not they desire to either Yet, Mr. President, what could have, herence to proper procedures is indeed spend the money on new teachers or to and should have, been a proud moment encouraging. spend it on special education. in Nigeria’s history was marred by sig- Doubly encouraging is the clear and It is a simple amendment, and I hope nificant irregularities, fraud and low strong wish of the overwhelming ma- that the members will give it some voter turnout. jority of Nigerians for a swift and or- consideration. We desire to move the Coincidentally, election weekend was derly transition to democratic civilian process along. It is hard for me to un- also marked by two important an- rule. derstand how anyone could disagree nouncements by President Clinton: his Mr. President, I commend and con- with giving the local schools that op- determinations pursuant to the drug gratulate the Nigerian people who con- tion. The President had this bill put in certification law and the publication of tributed to these positive develop- and it had no hearings. It was put in in the annual State Department Human ments in the electoral process. the final moments of the last session. I Rights Report. Under the drug law, Ni- But Mr. President, these commenda- am sure that if we had an opportunity, geria was identified among those coun- tions and congratulations are damp- we might have been able to get this tries that failed to meet the test for co- ened by reports of massive irregular- amendment on. This will move the operation on anti-narcotics efforts but ities in this election, which can be process along. were granted waivers exempting them more properly called deliberate fraud. I I point again to the chart behind me, from the economic penalties imposed find these reports deeply discouraging. which indicates that what we are try- by the law. The administration ex- At polling stations in several areas, ing to do is to relieve the incredible plained this decision with respect to particularly in what is known as the pressure that is placed on our local Nigeria by expressing hope that it South-South zone, the turnout ob- governments by having to fund special would be able to work more effectively served by domestic and international education themselves in the States— after the ‘‘nation’s transition to de- monitors was significantly lower than primarily all of it. We promised to fund mocracy.’’ At the same time, the the vote totals reported at a statewide

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 3884 CONGRESSIONAL RECORD—SENATE March 8, 1999 level. This suggests that there were a It is important for the incoming civilian under this law could have waited until considerable number of ballots in- government to appreciate and understand inauguration day actually arrives. The cluded in the final count that were not that the emphasis in the current process has United States has until now had a submitted by legitimate registered vot- been on transition to civilian rule, rather strong sanctions regime against Nige- than the establishment of full-blown democ- ers. Domestic and international mon- racy to Nigeria. Any triumphalist insistence ria, which has provided significant le- itors also noted that the reported col- on a ‘‘winner-take-all’’ stance on the basis of verage for us in that country. Slowly, lated results from a particular local a supposed democratic mandate must be we were beginning to open up that rela- government area exceeded the com- avoided. The incoming civilian government tionship, with the loosening of visa re- bined total votes from the polling sta- must therefore begin to make determined strictions last fall. Now, however, by tions in that area. Additionally, at and sustained efforts to cultivate democratic appearing to bless the efforts of the some locations, voters were denied the norms and values amongst its members, as current Nigerian regime on narcotics opportunity to vote because ballots well as in the society at large. enforcement, we have removed an im- were delivered suspiciously late or in Mr. President, this is a key observa- portant source of leverage. Despite insufficient numbers. Finally, certain tion. The large number of reports of de- good communication between Nigeria’s procedures established by the electoral liberate fraud, combined with the low National Drug Law Enforcement Agen- commission were not consistently ap- voter turnout, appear to weaken the cy and our own Drug Enforcement plied. According to the report issued by mandate for Gen. Obasanjo. His strong Agency, the fact is little progress has the Carter Center/National Democratic mandate, however, is for the develop- been made in key areas. Nigerian ef- Institute Observer Delegation, these ment of civilian democratic rule. The forts have been unsatisfactory on ex- included the failure to use indelible ink General certainly has the capacity to tradition of offenders wanted in the at many polling stations, the failure to embrace that mandate and implement United States, implementation of Nige- ensure ballot secrecy, late poll open- true civilian rule according to the ria’s own national drug strategy and ings, and a failure to adhere to an ac- wishes of his people. Whether he choos- related laws, stemming corruption creditation process that was distinct es to go this route or not remains to be among law enforcement personnel, and from the actual voting process. seen. I strongly urge him to take the targeting Nigeria-based worldwide nar- Reports of these malpractices are in- needed steps to allow real democracy cotics and money laundering organiza- deed disturbing. Although it remains to take root in Nigeria. He should act tions. unclear whether the fraudulent activi- decisively to develop effective demo- Mr. President, the loss of our lever- ties had an impact on the ultimate out- cratic institutions, establish appro- age on these important issues makes come of this election, such irregular- priate decentralization of decision- me nervous. Yet I am inclined to be ities risk bringing the legitimacy of making throughout the three levels of ‘‘cautiously supportive’’ or at least the process into question and must be government, integrate the military ‘‘cautiously open-minded’’ about this condemned. into democratic society, and create the decision as long as the administra- Indeed, former President Jimmy mechanisms of transparency and ac- tion’s plans for working with the gov- Carter, who led a 66-person observation countability that will allow the people ernment are moderated and delib- delegation and spent considerable time to gain confidence that they are truly erately paced. A cautious approach is in the country, was so disturbed by governing themselves. essential so that in the event of a se- these irregularities that he sent a Key to these measures, of course, will vere downspiral, the United States will terse, two-sentence letter to the chair- be the adoption of a broadly accepted not be overly exposed. I look forward man of the electoral commission. The constitution. Amazingly, the ongoing to extensive consultation with the ex- letter said—quote—‘‘There was a wide transition process has been conducted ecutive branch on such plans. disparity between the number of voters without the benefit of a constitutional Mr. President, I must also note some observed at the polling stations and framework. The current military gov- of the observations in this year’s State the final results that have been re- ernment has said it will introduce a Department report on human rights in ported from several states. Regret- constitution in the near future. I hope Nigeria. I am pleased that the report tably, therefore, it is not possible for it will be promulgated as an interim indicates substantial improvement in us to make an accurate judgment framework, and not imposed as a final Nigeria’s human rights record in the about the outcome of the presidential document. Then I hope the president- latter part of 1998 as compared to its election.’’ Since 1989, President Carter elect will institute a democratic proce- previously extremely poor record. has led delegations to observe electoral dure to debate and develop a new con- Nonetheless, despite progress in the re- processes in 15 countries and has rarely stitution that can have popular sup- duction of government use of lethal had such harsh words to say regarding port. force and torture, the ending of harsh the outcome. This assessment truly Mr. President, as I said at the begin- suppression of a free press, and the res- gives me pause. ning, Nigerians and we in the inter- toration of citizens’ rights to choose Mr. President, in addition to the national community, must decide how their government, the report acknowl- views expressed by international ob- to react to these developments. My edges that serious human rights prob- servers, I would also like to emphasize own assessment is mixed. Therefore, I lems persist. the importance of the views of the have a few words to say about the two In particular, Nigerian security main domestic observer group, The executive branch announcements that forces continue to commit Transition Monitoring Group, or TMG. were issued just prior to the election, extrajudicial killings, although gen- The TMG is an umbrella organization the drug certification decision and the erally not of a political character. Dur- formed of more than 60 human rights human rights report. ing frequent fuel shortages, the police and civil society groups from through- Although there was little concrete and military deployed to maintain out Nigeria. Together, these organiza- progress on important anti-narcotics order at filling stations repeatedly tions fielded some 10,700 monitors to efforts between the United States and killed customers and operators, accord- observe voting and counting at a large Nigeria, the President decided to grant ing to press reports. During the month number of the country’s 115,000 polling Nigeria a vital national interests cer- of November alone, members of the stations in all of the country’s 36 tification in order to support the tran- combined police and military states. In its interim report, the TMG sition underway in Nigeria. That deci- anticrime task force known as ‘‘Oper- noted that the kinds of malpractices sion paves the way for the administra- ation Sweep’’ reportedly committed at observed in the elections ‘‘have the po- tion to provide needed economic and least 16 extrajudicial killings. Al- tential to erode the confidence of the security assistance to the new civilian though some improvements were made, electorate in the whole transition.’’ government in Nigeria once it is inau- harsh prison conditions and denial of Therefore, the report recommends, and gurated. In this particular case, I wish proper medical treatment contributed I quote: the decision to waive the sanctions to the death of inmates. While Gen.

VerDate jul 14 2003 10:12 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR99\S08MR9.002 S08MR9 March 8, 1999 CONGRESSIONAL RECORD—SENATE 3885 Abubakar apparently began a serious preliminary election results. His selection adjourned until 10:30 tomorrow morn- effort to release political detainees, the reflects the complexities of power in Nigeria ing. lack of authoritative information re- today. When the country’s current leader, Thereupon, the Senate, at 6:59 p.m., garding the exact number of remaining Gen. Abdulsalami Abubakar, took over last adjourned until Tuesday, March 9, 1999, June, he promised a transition to civilian at 10:30 a.m. detainees served to confirm the fact rule after 15 years of disaster under general that Abacha-era security forces were after general. Mr. Abubakar has kept his f able to put persons in detention with promise. But the transition is incomplete. NOMINATIONS very little concern about due process Military officers, who largely bankrolled Mr. or accountability. Obasanjo’s candidacy, will continue to loom Executive nominations received by In addition, several of the important over his government. Mr. Obasanjo will have the Senate March 8, 1999: to break with them to have any success in military decrees, which grant the secu- DEPARTMENT OF JUSTICE improving life in Africa’s most populous na- rity forces sweeping powers of arrest tion. JULIO M. FUENTES, OF NEW JERSEY, TO BE UNITED and detention, remain on the books. STATES CIRCUIT JUDGE FOR THE THIRD CIRCUIT, VICE General Abubakar took power after the ROBERT E. COWEN, RETIRED. Given the longstanding pattern of death of Gen. Sani Abacha, one of the most ROBERT A. KATZMANN, OF NEW YORK, TO BE UNITED human rights abuses and some uncer- corrupt and certainly the most despotic of STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT, VICE JON O. NEWMAN, RETIRED. tainty about how widely accepted the Nigeria’s recent military rulers. Their thiev- M. JAMES LORENZ, OF CALIFORNIA, TO BE UNITED new civilian president will be, the re- ery and mismanagement turned Nigeria, one STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT of the world’s richest nations during the oil OF CALIFORNIA VICE RUDI M. BREWSTER, RETIRED. port acknowledges that there is signifi- W. ALLEN PEPPER, JR., OF MISSISSIPPI, TO BE UNITED boom of the 1970’s, into one of the world’s cant potential for a continued unac- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT poorest. General Abacha snuffed out political OF MISSISSIPPI VICE L. T. SENTER, JR., RETIRED. ceptable human rights environment in life in this once-vibrant country, jailing KAREN E. SCHREIER, OF SOUTH DAKOTA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF SOUTH Nigeria. many of his rivals, including General DAKOTA VICE RICHARD H. BATTEY, RETIRED. Mr. President, I have long been con- Obasanjo. IN THE COAST GUARD cerned about the human rights situa- In his nine months in power, General Abubakar reversed much of the political THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- tion in Nigeria. I have introduced sev- MENT AS A PERMANENT REGULAR OFFICER IN THE eral pieces of legislation designed to crackdown. Most political prisoners are now UNITED STATES COAST GUARD IN THE GRADE INDI- free. Newspapers publish openly. This elec- CATED UNDER TITLE 14, U.S. CODE, SECTION 211: encourage democratization and respect tion was the first in many years in which the To be lieutenant for the rule of law in that country. I Government did not dictate the number of JAMES W. BARTLETT desperately want to support an active parties, although General Obasanjo’s oppo- IN THE ARMY and proactive U.S. policy toward the nent has complained about fraud in Satur- country. For now, most signals seem to day’s voting. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT But General Abubakar’s early promises to AS A PERMANENT PROFESSOR IN THE UNITED STATES indicate that the transition will con- MILITARY ACADEMY IN THE GRADE INDICATED UNDER tinue to be smooth and peaceful. How- bring corrupt or brutal officers to justice TITLE 10, U.S.C., SECTION 4333 (B): have melted away. Some political opponents To be colonel ever, I am concerned that in truly arrested on trumped up charges are still in wishing the best for the Nigerian peo- jail. General Abacha’s decrees muzzling the PATRICK FINNEGAN ple and in looking for ways to support press are still on the books, and lately some THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO the transition, the United States will journalists who write sensitive stories have THE GRADE INDICATED IN THE RESERVE OF THE ARMY in effect hold Nigeria’s rulers to a been harassed and their publications con- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: lower standard of good governance fiscated. Police have killed protesters, with To be colonel the worst repression in the Delta, Nigeria’s than it traditionally has demanded. I CHRISTOPHER D. LATCHFORD know that the administration is anx- poorest region despite being the source of its JAMES E. BRAMAN oil wealth. ious to work with the new government, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Many Nigerians hope that Mr. Obasanjo’s TO THE GRADE INDICATED IN THE RESERVE OF THE and if all goes well, I would encourage government will end the military’s political ARMY UNDER TITLE 10, U.S.C., SECTION 12203: that. role, but this is unlikely. Mr. Obasanjo, who To be colonel The conduct of the elections last was president from 1976 to 1979, is the only LEE G. KENNARD weekend did not inspire much con- military ruler to leave office voluntarily. JAMES A. MATZ Yet he is still close to the armed forces. THADDEUS A. PODBIELSKI fidence in the process, and this is a FORTUNATO I. STANZIALE, JR great disappointment. However, it does Military men finance his party, and one of MICHAEL E. THOMPSON its biggest supporters is Ibrahim Babangida, not mean we should throw in the towel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT among Nigeria’s less savory former military TO THE GRADE INDICATED IN THE RESERVE OF THE in the fight to foster a democratic Ni- rulers. That money allowed Mr. Obasanjo to ARMY UNDER TITLE 10, U.S.C., SECTION 12203: geria. No. In fact the opposite is true. build a political machine that won a major- To be colonel We must continue to be vigilant and ity in both houses of parliament in elections WESLEY D. COLLIER encourage Nigeria and its new leader- earlier in February. RUDOLPH DANIELS, SR. ship to follow the right path. This Desperately needed economic reforms and JACOB Z. GOLDSTEIN anti-corruption measures will anger officers, LARRY E. HARRELSON means the United States should con- HARLAND C. MERRIAM, JR. tinue to help Nigeria develop demo- the main beneficiaries of the present morass. GARY L. MOORE Reversing the poverty and environmental de- THOMAS L. MUSSELMAN cratic institutions and to strengthen struction of the Delta is another urgent task THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT political and civic organizations at all that may be hindered by Mr. Obasanjo’s TO THE GRADES INDICATED IN THE UNITED STATES levels of government. We should help links to the armed forces, which are hated ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS the military remove itself from polit- there. Those ties may also prevent him from 624, 628, AND 3064: ical life and become integrated into calming ethnic tensions. He is a Yoruba from To be colonel democratic society. But we should do Nigeria’s southwest, but many Yoruba dis- trust him, viewing him as closer to the DAVID E. BELL this carefully and thoughtfully. And To be lieutenant colonel that is the best way we can help Nige- northern army officials who have tradition- ally run Nigeria. To have any success in KATHLEEN DAVID-BAJAR ria help itself. tackling these daunting problems, Mr. *RICHARD W. THOMAS Mr. President, I ask unanimous con- Obasanjo must make his government not the To be major sent that the text of a March 1 New last stage in a military transition, but the *WILLIAM J. KEELEY York Times editorial on this subject be first stage of full civilian rule. HOWARD LOCKWOOD printed in the RECORD. Mr. FEINGOLD. I thank the Chair. I IN THE MARINE CORPS There being no objection, the article yield the floor. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT was ordered to be printed in the TO THE GRADE INDICATED IN THE UNITED STATES MA- f RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: RECORD, as follows: To be lieutenant colonel [From the New York Times, Mar. 1, 1999] ADJOURNMENT UNTIL 10:30 A.M. STANLEY A. PACKARD NIGERIA’S PRESIDENTIAL ELECTION TOMORROW The PRESIDING OFFICER. Under THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Olusegun Obasanjo, a former general, will TO THE GRADE INDICATED IN THE UNITED STATES MA- be the next president of Nigeria, according to the previous order, the Senate stands RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Sep 11 2014 09:45 Oct 31, 2019 Jkt 000000 PO 00000 Frm 00059 Fmt 0686 Sfmt 9801 C:\SSN-OUT\S08MR9.REC S08MR9 ejoyner on DSK30MW082PROD with BOUND RECORD 3886 CONGRESSIONAL RECORD—SENATE March 8, 1999 To be major To be lieutenant (junior grade) * MARK A. VAITKUS JOHN B. WOODWARD LAAR D. VAN MARIA A. WORLEY TODD D. BJORKLUND FRANK A. SLABINSKI KEVIN M. NAGATA JAMES A. WADDELL TRACY O. WYATT THOMAS P. SULLIVAN KATHLEEN C. GARZA DONALD R. WEST MARY E. WYGANT IN THE NAVY SCOTT K. WETTER QUINTIN P. ELLIS ANTHONY K. WHALEY DERICK B. ZIEGLER MATTHEW E. MOHRMAN JAMES W. HILL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES G. BELLAIRE JEFFREY R. MORGAN TO THE GRADE INDICATED IN THE UNITED STATES JULIE A. FARRELL GERALD K. MC MAHON IN THE NAVY NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THOMAS W. SULLARD MICHAEL B. DOLAN THE FOLLOWING NAMED TEMPORARY LIMITED DUTY TONI N. GAY BRIAN P. HILL OFFICERS FOR PERMANENT APPOINTMENT AS LIMITED To be captain STACEY A. GOW PAUL T. MARKLAND DUTY OFFICERS TO THE GRADES INDICATED IN THE EVAN J. GALBO LARRY A. WASHBURN TAREK A. ELBESHBESHY ERIC J. STORCH WILLIAM E. SHEA UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND 5589(A): THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVEN W. ALLEN TODD A. GRAF To be lieutenant commander AND FOR REGULAR APPOINTMENT IN THE NURSE CORPS, NEEDHAM L. AUSTIN III MICHAEL P. GRAMOLINI RUBEN J. AVALOS HENRY K. GREEN GLEN C. CRAWFORD LEONARD G. ROSS, JR. MEDICAL SERVICE CORPS, MEDICAL SPECIALIST CORPS AND VETERINARY CORPS (IDENTIFIED BY AN ASTERISK GREGORY O. AYDELOTTE GERALD M. GRIFFIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT (*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 531 AND 3064: PHILLIP J. BACHAND CRAIG L. GRISWOLD TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID G. BAKER DAVID L. GROESCHEL AND FOR REGULAR APPOINTMENT IN THE JUDGE ADVO- To be lieutenant colonel ROBERT L. BARKSDALE FREDERICK L. HAFER CATE GENERAL’S CORPS (IDENTIFIED BY AN ASTERISK DONALD L. BARNHART JEFFREY L. HAIRE (*)) UNDER TITLE 10, U.S.C. SECTIONS 624, 531 AND 3064: TIMOTHY K. ADAMS KAREN A. LEMAY TODD D. BATEY WILLIAM A. HALE CYNTHIA B. ALOOT DONALD R. LETT RAINFREDO S. BAUTISTA PAUL E. HAMANN To be major *SUSAN C. ALTENBERG THOMAS J. LITTLE, JR. THOMAS R. BEARDEN TROY L. HARE BRIAN E. ANSELMAN JOSE L. LOPEZ MARK A. BELL LANCE A. HARPEL *JAN E. ALDYKIEWICZ *PATRICK B. KERNAN LARRY W. APPLEWHITE DAVID L. MACDONALD CAESAR S. BENIPAYO WILLIAM B. HAYS, JR. *EUGENE E. BAIME *WILLIAM M. KUIMELIS LORRAINE A. BABEU *DEBRA D. MARK DALE R. BENNETT DENNIS L. HENDRIX *EDWIN B. BALES *JAMES A. LEWIS BRUCE B. BATES LAWRENCE A. MARQUEZ RUSSELL J. BENNETT DENNIS J. HENMAN *DAVID L. BARBER *FRANK A. MARCH *ROXANNE E. PAUL K. MARTIN TERRY W. BENNETT EDISON L. HENRY *JOHN M. BERGEN EUGENE J. MARTIN, JR. BAUMGARTNER BEVERLYANN H. EDWIN BERRIOS BRYANT E. HEPSTALL *PAUL N. BRANDAU *TANIA M. MARTIN EARNESTINE BEATTY MAULTSBY BRIAN T. BERRY SCOTT A. HIGGINS *MARK A. BRIDGES *WILLIAM R. MARTIN LINDA M. BOWDEN GLORIA J. MAXWELL DAVID W. BIBBS MARK R. HILDEBRANDT LARRY C. BURNER II *MYRNA A. MESA MARK W. BOWER MICHAEL S. MC DONALD MICAL L. BINDSCHATEL MICHAEL E. HILES *LORIANNE M. *CHRISTINA E. MILLS GWENDOLYN S. BRASWELL TERESA Y. MC PHERSON GARY W. BLAKESLEY JEFFREY T. HILL CAMPANELLA *SHANNON M. DEBORAH E. BRAY MARK A. MELANSON WILLIAM J. BLOCK JAMES D. HOEY *BRUNSON K. CAMPBELL MORNINGSTAR ARTHUR W. BREHM MARK A. METZGER EDWARD S. BLUESTONE CARL E. HOILMAN *MICHAEL R. CLARKE DUC H. NGUYEN DONALD W. BROCKER, JR. MEGAN K. MILLS BRIAN L. BODOH DONALD T. HOLDEN JOHN B CLARKSON KEITH E. PULS MICHAEL A. BULEY BARRY L. MITCHELL ETIENNE M. BOSCOVITCH FREDERICK B. HOO *IAN G. COREY *PAUL A. RAAF *JAMES M. CAMP RICHARD S. MITCHELL DANNY E. BOUCHARD JEFFREY M. HORTON *ARTHUR J. COULTER TYLER L. RANDOLPH KENNETH G. CANESTRINI TIMOTHY J. MOORE GLEN D. BOURQUE ANTHONY A. HOWARD *DAVID T. CRAWFORD *SCOTT E. REID SCOTT F. CASS ALBERT W. MORAN JOSEPH E. BRIGHTWELL MARTHANN H. HOWES JONATHAN B. CROCKER *CARRIE F. RICCISMITH CARLA L. CASSIDY *MURIEL A. MOSLEY DAVID W. BROWNELL JESSE L. HOWELL, III *BOBBI J. DAVIS CHARLES H. ROSE III PERRY R. CHUMLEY *BEULAH L. NASHTEACHEY FRED BUCKLEY III MARK L. HURSEY *JOSEPH A. DEWOSKIN *MICHAEL P. RYAN MARCIA D. CLEMMONS JEFF A. NECHANICKY RODNEY J. BURLEY BILLY R. HYLES *MICHELLE A. DEXTER *SAMUEL A. SCHUBERT REBECCA A. WADE M. NELSON ROBERT G. BURROWS MICHAEL S. IRELAND BRENDAN M. DONAHOE *GEORGE R. SMAWLEY COCKMANTHOMAS WILLIAM R. NEWCOMBE AUDREY V. BURTON WILLIAM D. IRVIN *MARGARET K. ECKROTE *DAVID W. STARRATT, JR. THERESE A. CONNER CAROL A. NEWMAN ROBERT G. BYRD DERRICK L. JACKSON *MARCELLA R. *RONDA W. SUTTON *LARRY L. CONWAY LILLY J. NOBLE MICHAEL E. CALDWELL MARK A. JACKSON EDWARDSBURDEN *MARK H. SYDENHAM JOHN P. COOK REBECCA J. OSKEY ROBERT A. CARMAN CAROLINE M. JEPSON *STEVEN E. ENGLE *JOANNE P. TETREAULT LAURIE A. CUMMINGS *HEIDI C. OVERSTREET COLIN M. CASWELL CHARLES A. JOHNSON MARY M. FOREMAN *WALTER L. TRIERWEILER SHERILYN V. CURRY KEVIN B. OWENS RONALD L. CHAMBLIS BRIAN W. JONES *SCOTT G. GARDINER *CHRISTOPHER B. JEFFREY A. DANCHENKO AUDREY L. PERRY DOUGLAS B. CHANDLER MICHAEL J. JONES JOHN S. GERSCH VALENTINO MARTHA A. DAVIS DENISE A. PERRY LAWRENCE J. CHICK PHILIP A. JONES *CARISSA D. GREGG *BRADLEY E. VANDERAU DAVID A. DAVIS ELAINE S. PERRY DAVID A. CHRISTOPHERSON BRYAN L. JUNG *JEANNINE C. HAMBY *ALBERT R. VELDHUYZEN RAFAEL E. DEJESUS TANYA D. PERRY STEVEN A. CIALLELLA DONALD J. KELSO *MARK W. HOLZER DAVID D. VELLONEY JANE M. DENIO HERMAN F. PETERSON LINDA L. CIAMBOR ARLEN D. KEMP *JOHN A. HUGHEY *NANCY A. WALDRON EDWARD J. DICK, JR. DAVID D. PETERSON MARTIN G. CLAEYS JAMES E. KENNEY, JR. *RAYMOND A. JACKSON *JEFFREY T. WALKER ROBERT DOMINGUEZ JOHN L. POPPE CRAIG T. COLEMAN SCOTT A. KIMMEL *CHERYL K. KELLOGG *LOUIS P. YOB JAMES A. DUNKIN JACK R. POWELL LACONTA D. COLEMAN JACKIE D. KNICK, JR. MARYANN G. EDMONDSON JOHN D. QUINLIVAN, JR. LEONARD COLEY, JR. MARK J. KNIGHT IN THE COAST GUARD TINA M. ELLIS * MARTINEZ A. RAMOS ERIN M. CONARY ERICH F. LAH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN D. FAIREY SANDRA A. RAY STEVEN W. CONNELL HUMPHERY G. LEE TO THE GRADE INDICATED IN THE UNITED STATES FRANCES E. FINEGAN TIMOTHY D. REESE JON T. CORSON DANIEL L. LIDSTER COAST GUARD UNDER TITLE 14, U.S.C., SECTION 211: YOLANDA D. FLORES MARIA D. RIVERA KEVIN CURLEY MICHAEL J. LOGAN JANE E. FREUND LEON L. ROBERT ROBERT E. CURRAN JOHN A. LOISELLE To be lieutenant JAMES M. GAMERL DAVID S. ROLFE RANDALL A. CURTIS RICHARD A. LOTT, JR. BARBARA A. GILBERT ANGELA M. ROSS JOSEPH M. DADY RALPH B. LYDICK WILLIAM L. CHANEY JEFFREY J. HAUKOM *NEIL G. GLENESK LINDA L. ROWBOTHAM RICHARD R. DANIELS STEPHEN L. LYONS CALLAN J. BROWN MICHELE N. CIOFFI MARK B. GOLD DAVID L. RUBLE JAMES D. DANNELS, JR. ROBIN A. MAC LEAN SHERYL L. DICKINSON WILLIAM E. SASSER ANN GREDIAGIN JUDITH RUIZ JAMES D. DARBY BRIAN T. MAHONEY SANDERS M. MOODY GREGORY J. VIOLA DONALD E. HALL LAURIE J. SANDSTROM FREDDIE L. DAVIS DANIEL E. MANETZKE MICHELE BOUZIANE LANCE E. ISAKSON DARRELL J. HANF * ARTHUR C. SAVIGNAC GEORGE D. DAVIS III ANTHONY J. MARINELLI FRANK R. LEVI KIMBERLY J. AVSEC CURTIS S. HANSEN THERESA M. SCHNEIDER GREGORY A. DAVIS NATHAN D. MARSH MICHAEL G. LUPOW MONICA L. ROCHESTER GARY A. HERSCHBERGER JOEL J. SCHRETENTHALER MERVIN E. DAWSON GARY D. MARTIN TIMOTHY D. SEARCHFIELD PHILIP M. MC MANUS DUANE N. HILL FREDDIE SCONCE DION D. DECKER ROBERT D. MC CLARY JASON S. KING RICHARD F. CHRISTENSEN ANNIE J. HOFFMAN * MARTIN J. SETTER GREGORY S. DEXTER MATTHEW B. MC COY KAREN A. WEAVER DANNA L. LOPEZ *STEVE HOROSKO III SIDNEY L. SHARP CHRISTOPHER R. DONAHUE DANIEL, MC GUINNESS PETER W. MALDINI KELLY A. COUGHLIN REGINALD W. HOWARD JAMES A. SIGNAIGO MATHIS DORF RICKY MC IVER KEVIN A. SMITH CYNTHIA A. LEDERER NANCY J. HUGHES HARRY F. SLIFE, JR. DWAYNE D. DUCOMMUN ROBERT N. MC LAFFERTY DENNIS R. HOOKS CAROL M. STEARNS GLENN T. IACOVETTA * DAVID J. SMITH PATTI A. DUNCAN ROBERT C. MC MILLIAN JANIECE N. BENJAMIN CARL W. HINSHAW ANASTASIA M. IPPOLITO DAWN M. SMITH ROBERT A. DUNCAN ROSARIO D. MC WHORTER ELIZABETH A. ASHBURN KATHLEEN A. WARD KATHLEEN R. JARBOE THOMAS C. SMITH III RHONDA R. DUNN MARK E. MILLER CONNIE M. ROOKE WILLIAM A. RIMBACH DIANNE JOHNSON * LOUIS H. SMITH III MIKE A. EASLEY DENNIS L. MITCHELL WILLIAM D. ADKINS RUSSELL F. HELLSTERN CAROLYN M. JOLITZ * GARY D. SOUTHWELL ROBIN J. FARRIS LUCKY M. MOISES PETER B. TREBBE WENDY M. HULDERSON GEORGIA L. JONES ROGER P. STAI SANDRA P. FITCHETT JOHN B. MORRISON MICHAEL A. LADONN A. HIGHT PATSY R. JONESLUGO BARBARA J. STANSFIELD GLENN W. FORD GILBERT P. MUCKE BILLEAUDEAUX ROBERT MITCHELL DAVID L. KELTY SHARON L. STEELE RANDY A. FORMY JAMES L. MUNIZ RENEE C. KERN CURTISS C. POTTER KATHY D. KING ROBERT L. STEWART JAMES J. GALOPPA, JR. KENDAL S. NAKANISHI DAVID S. DEUEL PATRICK R. DOZIER *FRANCIS W. KLOTZ * DELLA W. STEWART ARTHUR E. GARCIA RICHARD A. NAYSTATT, JR. PAUL G. LEDOUX JOSH C. PETERS PAUL M. KONDRAT LAWRENCE J. STONE ROBERT A. GARDINER RICHARD R. NEAL JEFFREY M. SMITH DANIELLE F. WILEY LOUIS P. KOZLOWSKI THERESA M. SULLIVAN DONALD R. GATEWOOD JIMMIE B. NEWTON, JR. CECIL D. MC NUTT KEVIN M. CARROLL FRANCES E. KRAMER ROBERT L. SYVERTSON JAMES P. GETMAN LEE A.C. NEWTON CORNELL C. THOMPSON PETER A. CASSON CAROL W. LABADIE TRACEY L. SYVERTSON RICKY L. GILBERT WILLIAM W. NEWTON, IV CARLOS L. MERCADO MATTHEW F. LAVIN EDGAR A. LABRADOR COLLEEN A. THOMAS RANDY A. GINN JOHN M. NICHOLAS DARREL W. CREACY JONATHAN H. MAIORINE MITZIE A. LARKIN KRISTINE A. TIMMERMAN KEVIN M. GLANCEY STEVEN M. NICKERSON HERMINIA E. MC CULLOUGH MICHAEL C. FARRELL MARY J. LAURIN EDWARD A. TORKILSON MICHAEL J. GLENN JOHN M. O’BRIEN RAYMOND J. LECHNER DAVID E. OLSON MICHAEL H. LEDOUX CHRISTOPHER J. ULLMANN JUAN GONZALEZ MICHAEL J. OEHLRICH RICHARD L. BATES JAMES A. WILLIAMSON JANET Y. LEE JEFFREY M. UNGER

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KATHLEEN A. OMELIA DOCE D. SALAZAR ERVIN K. WILLIAMS KEVIN E. WRIGHT BRUCE D. MC GEE GERALD T. SODANO VINCENT ORTIZ DAVID B. SAUCEDO GILBERT L. WILLIAMS BILLY C. YOUNG CAROL A. MC MILLAN DEAN M. SPRINGSTUBE NORMAN C. OWEN ANDREW W. SCHMIT JAMES D. WINTERS RYSZARD W. ZBIKOWSKI DAVID W. MC NULTY DAVID R. STIEGER BOBBY W. OZLEY MATTHEW H. SCHMITT JEFFREY A. WORLEY CARL ZEIGLER ANGEL M. MELENDEZ, JR. LAURENCE G. STOREY JAMES D. OZOLS CAROL J.A. SCHRADER DANIAL D. MILLER FRED K. STRATTON WILLIAM A. PAETZ JOSE A. SEIN To be lieutenant (junior grade) CHARLES W. MILLINER KENNETH W. SZITTA EUGENE H. MINCEY THERESA A. TALBERT SCOTT D. PALUMBO GEORGE R. SHARP LEON S.E. ABRAMS FRANCIS P. GORMAN JON P. MUMPER DONNA L. TARPINIAN GERALD A. PAPENFUSS RICHARD W. SHARP ROBERTO M. ABUBU JON C. GRANT ELIZABETH K. MYATT HIRAM THOMPSON JR. DAVID J. PARKS JAMES D. SHAW ANTHONY M. ANDERSON CHRISTOPHER HAMMOND CLIFTON B. MYGATT KENNETH E. TRANTHAM MICHAEL H. PARRY WILLIAM J. SIEGRIST DONALD J. ANDERSON JOHN M. HANSEN PETER K. NILSEN JAMES A. TRUHETT PAUL A. PATRICIO MICHAEL A. SIMMONS JAMES D. ANDREWS KEITH A. HARIG DAVID K. NUHFER TERANCE E. TUCKER JOHNNY L. PAYNE CAREY J. SIMS LUKE ARKINS JAMES E. HORST GERALD R. OLIN II EDWARD C. VAUGHN AVERY L. PENN MARK K. SIZEMORE PETER T. AVRAM DAVID C. HOWARD JEFFREY PARA STANLEY VICKERS WILLIAM PENNINGTON PHILIP E. SMITH SCOTT A. BAIR BILLY D.J. HUNTER MICHAEL T. PIECHURA MARK E. WARNER JOSE R. PERREZ, JR. DAVID L. SPENCER PERRY G. BECKMAN CHARLOTTE M. HURD TODD L. PITTS LARRY G. WELLS LEONARD J. PERRIER, JR. CLETIS STRAUSBAUGH MICHAEL T. BROADUS GLEN P. JACKSON WILLARD POINDEXTER TROY A. WESTPHAL MACKEY C. PHILLIPS KURT E. STRONACH GREGORY B. BROWN BRIAN D. JACOBSEN WILLIAM J. POWELL DELMAS WHITTAKER JR. CARY T. PIERCE MARK G. SUCHSLAND JAMES P. BUNNELL HAROLD J. JAMES CLIFFORD S. RADER JOHN A. WILHELM DARYL PIERCE TIMOTHY J. SULLIVAN SCOTT L. CARPENTER VINCENT J. JANOWIAK WILLIAM D. REABE ANTHONY G. WILLIAMS RICKY PIERCE CHARLES D. SWILLEY KERRI D. CASHION KENAN D. JARRETT PAUL J. ROUSHIA RICKIE D. WILLIAMS CHARLES A. PINERO ORLANDO A. TEOFILO PATRICK T. CHRISTIAN DARRON K. JOHNSON JOHN R. SAUTER WILLIAM H. WILLIAMS JEFFERY D. POST GUYTON L. THOMPSON, JR. WASNA C. CLEMMONS JAMES D. JOHNSON MICHAEL D. SCHELL CHARLES A. WILLIAMSON IAKOPO POYER LAUREN L. TROYAN GREGORY T. COOGAN GREGORY J. KAYSER JEFFERY L. SCOTT JULIUS C. WILSON NICKLOS R. PRELOSKY JOSEPH P. TUBBS GERALD A. COOK THOMAS P. KENNEDY ANTHONY W. SHIPMAN BRUCE A. WITT DUNCAN L. PERSTON THOMAS E. TWIDDY ANTHONY R. COPELAND BRYANT S. KOHUT TIMOTHY S. SHIPMAN BYRON WRICE TODD J. PROSSER GARY L. VANERT BEATRIZ COST LOWELL R. KURZ RICHARD E. SIMPSON JR. DANIEL C. WYATT JOHN P. PROTZ, JR. PETER J. VARGA THOMAS H. COTTON DAVID E. KUSH THOMAS PRUNSINOWSKI PATRICK A. VEGA BARRY L. COX KEITH R. LAFOUCADE ROBERT L. PRYOR GREGOARY R. VIGESAA JOSE M. CRUZ THOMAS J. LALLY f HARRY S. PUTNAM MARY M. WADSWORTH PHILLIP D. DAMIN JEFFERY D. LAMB ANTONIO C. RAMOS MICHAEL A. WALLACE ISAAC DANIEL, JR. TIMOTHY B. LAWS CONFIRMATION ANDREW G. RAYMOND DARYL F. WALLS SAMUEL L. DENSON JOSEPH A. LEONGUERRERO LEITH E. REGAN LEE G. WARD BRIAN J. DETERS MARTIN H. LEVERING Executive nomination confirmed by STEVEN R. REHARD JOHN A. WARDEAN PAUL DICKSON DAVID R. LEVESQUE VANE A. RHEAD CURTIS W. WARRENFELTZ DANIEL E. DOOLITTLE DWAYNE L. LLOYD the Senate March 8, 1999: JAMES D. RHOADS CARVILLE C. WEBB LISA H. EDSON SHANNON L. LOVEJOY NATIONAL INDIAN GAMING COMMISSION EDWARD J. RHYNE CHARLES W. WEBB CHARLES W. ENSINGER DAVID G. LU STEVEN L. RICE HENRY A. WEBB MICHAEL G. FARMER DEAN S. LYONS MONTIE R. DEER, OF KANSAS, TO BE CHAIRMAN OF THE HARRY L. ROBINSON ROBERT L. WELDY KIRK FLANAGAN PHILIP E. MARK NATIONAL INDIAN GAMING COMMISSION FOR THE TERM RALPH E. ROE, JR. SHAWN T. WHALEN FLORENCE M. FOX ROBERT F. MASSARO OF THREE YEARS. LOREN R. ROLLS DARRELL WHITE THOMAS A. GABEHART JOSEPH B. MAYERS THE ABOVE NOMINATION WAS APPROVED SUBJECT TO SPURGEON L. ROOT MICHAEL A. WHITT JOEL M. GODDEN DAVID E. MC CONAGHAY THE NOMINEE’S COMMITMENT TO RESPOND TO RE- DANIEL M. ROSSLER WAYNE R. WILCOX, JR. STEVEN P. GOODMAN THOMAS W. MC DONALD QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY MICHAEL D. RUTLEDGE ALLEN M. WILLIAMS GREGORY S. GORDON ARTIS E. MC ELHANEY CONSTITUTED COMMITTEE OF THE SENATE.

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THE LOW-INCOME MEDICARE BEN- these programs based on the income informa- of Missouri State University and was a naval EFICIARY ASSISTANCE ACT OF tion available to Social Security. Under this aviator from 1956 to 1962. He was director of 1999 60-day period of presumptive eligibility, sen- education for the Council of California Grow- iors will receive these benefits while the State ers and the Agriculture Education Foundation HON. KEN BENTSEN agencies make a final determination of eligi- from 1962 to 1968. Bruch Obbink has gener- OF TEXAS bility. My legislation would also require State ously served a number of Ag organizations. IN THE HOUSE OF REPRESENTATIVES agencies to provide the Social Security Admin- He is a member of the National Project to De- Monday, March 8, 1999 istration with the necessary administration velop a Strategic Plan for Changing the Amer- forms to properly enroll these senior citizens. ican Diet, has been appointed by Governor Mr. BENTSEN. Mr. Speaker, I have intro- Second, my legislation would double the cur- Wilson to serve on the Exotic Pest Eradication duced legislation, H.R. 854, the Low-Income rent outreach budget of the Social Security Task Force, is past president of the Cal-Ag Medicare Beneficiary Assistance Act of 1999, Administration from $6 million to $12 million. Committee on International Trade, past chair- to help more seniors enroll in Federal pro- With more funding, it is hoped that the Social man of the board of the Produce Marketing grams that pay out-of-pocket Medicare costs Security Administration will find innovative Association, past president of the Produce for for low-income seniors. methods to contact low-income senior citizens. Better Health Foundation, and has participated Medicare has been one of the most suc- My legislation would also ease the adminis- in several Harvard Business School education cessful Government programs in our Nation’s trative burden that States face to enroll these programs. history, helping to improve health care and re- eligible senior citizens. Under current law, eli- Bruce Obbink has been consistently recog- duce poverty among senior citizens since it gible senior citizens must contact their local nized and honored for his service to the agri- was created in 1965. However, even with State agencies in various locations and fill out cultural community. He was named Produce Medicare, America’s senior citizens continue the necessary paperwork. I believe that the Marketer of the year by The Packer, a national to pay thousands of dollars in health care ex- Social Security Administration, a Federal produce industry publication, selected by Pub- penses out of their own pockets each year. agency, is well-suited to contact these individ- lic Relations Quarterly as one of the 100 out- These expenses include the $45.50 monthly uals and couples through their network of So- standing public relations executives in the premium for doctor’s visits, as well as doctor cial Security offices throughout the Nation. In United States, and received the Produce for and hospital costs that Medicare does not addition, this legislation would ensure that Better Health Foundation’s first-ever Out- cover. Many seniors on fixed incomes simply Federal officials are working cooperatively with standing Contributor Recognition Award. He cannot afford these expenses. state officials to increase enrollment in this was presented with the California Grape & In order to protect these senior citizens, the critical program. Tree Fruit League’s Mentor’s Award for his Federal Government and the States have es- I believe that my legislation will fulfill a sim- service to the grape industry, and named the tablished several programs under Medicaid ple goal: helping low-income senior citizens af- American Society for Enology and Viticulture’s that pay out-of-pocket costs for low-income ford and obtain the health care they need. I 1998 Merit Award recipient for recognition of seniors. These two programs, the Qualified urge my colleagues to support this vital legis- his many contributions to the industry through Medicare Beneficiary program pays Medicare lation and work for its passage this year. his role with the California Table Grape Com- premiums, deductibles, and coinsurance for f mission. hospital stays and doctor visits. This program Mr. Speaker, I am honored to recognize pays the current Medicare premium of $45.40 CONGRATULATING BRUCE OBBINK, Bruce Obbink, the Fresno Chamber of Com- per month, the 20 percent share of doctors’ AGRICULTURALIST OF THE YEAR merce Agriculturalist of the Year. The Cali- bills that Medicare does not pay, and the initial fornia Agriculture industry has been well $768 deductible for hospital stays. This pro- HON. GEORGE RADANOVICH served by Mr. Obbink’s tireless dedication. I gram is available to individuals and couples OF CALIFORNIA invite all of my colleagues to join me in wish- with annual incomes up to $8,292 and IN THE HOUSE OF REPRESENTATIVES ing Bruce Obbink many years of continued $11,100 respectively (100 percent of the Fed- success. eral poverty line). The second program, the Monday, March 8, 1999 f Specified Low-Income Medicare Beneficiary Mr. RADANOVICH. Mr. Speaker, I rise program pays the monthly $45.50 Medicare today to congratulate Bruch Obbink, recipient TRIBUTE TO REV. DR. EUGENE B. premiums for doctor visits. This program is of the Fresno Chamber of Commerce GREEN available for individuals with annual incomes Agriculturalist of the Year award for 1998. Mr. between $8,293 and $11,111 and couples with Obbink has been an active member of the ag- HON. DAVID D. PHELPS annual incomes between $11,101 and ricultural community for many years. OF ILLINOIS $14,892 (135 percent of the Federal poverty Bruce Obbink has served on the California IN THE HOUSE OF REPRESENTATIVES line). Table Grape Commission since 1968, most re- A recent Families, USA report found that cently as its president. The Commission is the Monday, March 8, 1999 between three and four million eligible seniors promotional branch of California’s fresh grape Mr. PHELPS. Mr. Speaker, I rise today to are not enrolled in these programs. This rep- industry and represents 100 percent of the pay tribute to Rev. Dr. Eugene B. Green, who resents almost 40 percent of those eligible state’s 700 table grape farmers. As president, passed away Feb. 26, 1999 in Decatur, IL. Dr. who are not receiving the help they need. It is Bruce is responsible for a budget that exceeds Green was a tireless advocate of community unconscionable that so many seniors, often $13 million and for oversight of the Commis- and youth projects in Decatur. He was born on widows with limited means, are not receiving sion’s key programs including advertising, Aug. 8, 1925 in Chicago, and married Dorothy this vital assistance to which they are legally communications, community service, inter- L. Coleman-White on Christmas Eve in 1964, entitled. Clearly, we must do a better job of national marketing, merchandising, and re- and he and his wife had two sons, Steven and reaching out to seniors and making it easier search. He has traveled extensively in the Edward. He also served his country in the for them to apply for this assistance. Asian, European, and South American mar- United States Army from 1954 until he re- My legislation includes two initiatives to help kets successfully promoting the California ceived his honorable discharge in 1957. eligible seniors enroll in these programs. First, fresh grape industry. Dr. Green’s awards and commendations are my legislation directs the Social Security Ad- Mr. Obbink lives in Fresno, California, and too numerous to list, but we counted among ministration to automatically enroll seniors in was raised in the Midwest. He is a graduate his greatest accomplishments an invitation to

● 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.

VerDate jul 14 2003 10:17 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR99\E08MR9.000 E08MR9 March 8, 1999 EXTENSIONS OF REMARKS 3889 the White House, meeting with the Speaker of TRIBUTE TO THE LATE JOHN seasonal processing facility to three state-of- the House, and serving as a guest chaplain MEYER, DEVOTED TO GOD, FAM- the-art facilities. Annual revenue has grown 40 for the United States Senate. Hailed as one of ILY, AND COUNTRY fold, now exceeding $40 million annually. Be- Decatur’s most tireless community and youth ginning as a supplier to solely food manufac- advocates, Rev. Green was an active partici- HON. CARRIE P. MEEK turers, Wawona has grown their sales in other markets including food service distributors, pant with the Boy Scouts of America. He initi- OF FLORIDA restaurant chains, retail and warehouse ated the One Church, and the One School IN THE HOUSE OF REPRESENTATIVES program that has become accepted in the De- stores, school food service and the USDA catur Public Schools. He was also an advo- Monday, March 8, 1999 school lunch program. cate of the One Church, One Child program Mrs. MEEK of Florida. Mr. Speaker, I rise to Wawona Frozen Foods is America’s largest which encouraged church members to be- pay tribute to the late John Meyer of Maryland processor of California freestone peaches, come adoptive or foster parents for children in on the tenth anniversary of his death in March, shipping over 65 million pounds of the 110 need. He was also a member of the Decatur 1989. Mr. Meyer shared an interest that I hold million pound industry-wide crop of 80% of the Anti-Violence Task Force and worked to curb close, that of the welfare of America’s aging entire national frozen production. The growth the devastating influence of gang activity on veterans. in sales of frozen peaches has a vital and the youth of Decatur. He has also worked very As an employee of many years’ standing at positive impact on the entire freestone peach closely with the Human Rights Commission, the Soldiers, Sailors, and Airmen’s Home on industry and makes the total peach marketing program more stable while contributing to the NAACP, and the public schools. He was a Harewood Road in Washington, D.C., Mr. potential of higher prices for fresh market dedicated pastor at the Trinity CME church for Meyer’s compassion and quiet, hard work peaches. 14 years, and while leading the church he also earned him the friendship and respect of the Wawona Frozen Foods is an exceptional was president of the Ministerial Alliance and a veterans. Their bereavement at Mr. Meyer’s corporate citizen. Its officers and employees member of the Decatur Interfaith Union. tragic death on March 24 at age 26 after an participate in and financially support many It is clear that the Rev. Dr. Eugene Joseph automobile accident was expressed in a community activities. Wawona is involved with Bert Green was an exceptional man and lead- touching manner. The veterans arranged to at- the Clovis Unified School Foundation, Valley er and he will be missed by all who knew and tend Mr. Meyer’s funeral by the busloads. The Children’s Hospital, St. Agnes Hospital, Valley respected his life and work. His passing was Easter Monday funeral service overflowed with Teen Ranch and the National Hispanics a great loss not only for his family and the City family, friends, and flowers. Scholarship Fund, just to name a few. All of of Decatur, but for all people who strive to John Meyer also worked at the United the Wawona principals are graduates of Cali- make the world a better place for all mankind. States Department of Agriculture’s Research fornia State University, Fresno, and major He will be sorely missed, but never forgotten. Farm in Beltsville, Maryland, where he was a grants have been given to the CSUF Ag and valued employee. Mr. Meyer was the proud fa- Food Science Departments as a commitment f ther of his daughter, Angela Grace; an atten- of their support. The company has also been tive husband to his wife, Jayne; a beloved son a leader in state and national organizations TRIBUTE TO RAYMOND C. FISHER of his parents, Angela and Jacob Meyer; and such as the California Tree Fruit Association, a devoted brother to James and Donald. He National Restaurant Association and the HON. BRAD SHERMAN also was survived by his loving grandmothers, American Frozen Foods Institute, of which Rose Zerega and Eloise Kramer; and by his OF CALIFORNIA Wawona’s CEO is president emeritus on the aunts, uncles, cousins, and friends, who treas- board of directors. IN THE HOUSE OF REPRESENTATIVES ure his happy memory. Mr. Speaker, I am honored to recognize Monday, March 8, 1999 John Meyer lived the ethos of devotion to Wawona Frozen Foods as the recipient of the God, family, and country. His example of solid Baker, Peterson & Franklin Ag Business Mr. SHERMAN. Mr. Speaker, I rise today to American citizenship has left an indelible im- Award. The Central Valley can be proud of the pay tribute to a constituent and a truly out- pression on those who knew him. fine work done by this outstanding local com- standing member of this Administration, Ray- f pany. I invite all of my colleagues to join me mond C. Fisher. Mr. Fisher was selected as in wishing Wawona Frozen Foods many years the 1999 Distinguished Alumnus at the Univer- TRIBUTE TO WAWONA FROZEN of continued success. sity of California, Santa Barbara. FOODS f Public service has been a hallmark of Ray Fisher’s distinguished career that was recog- HON. GEORGE RADANOVICH TRIBUTE TO MR. AND MRS. JOE E. nized by UCSB. During his 30-year legal ca- PALMER ON THEIR 50TH WED- OF CALIFORNIA reer, he has also served as president of the DING ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES Los Angeles City Civil Service Commission, Deputy General Counsel to the Christopher Monday, March 8, 1999 HON. DAVID D. PHELPS Commission, and chair of the Los Angeles Po- Mr. RADANOVICH. Mr. Speaker, I rise OF ILLINOIS lice Commission. Mr. Fisher’s dedication to today to pay tribute to Wawona Frozen Foods, IN THE HOUSE OF REPRESENTATIVES practicing law in the public’s interest is espe- recipient of the 1998 Baker, Peterson & Frank- Monday, March 8, 1999 cially reflected in his service as a special as- lin Ag Business Award. Mr. PHELPS. Mr. Speaker, I rise today to sistant to the Governor of California, and as Wawona Frozen Foods is an organization pay tribute to Mr. and Mrs. Joe E. Palmer of past president of the Constitutional Rights whose achievements and impacts have signifi- Herrin, IL, on the occasion of their fiftieth wed- Foundation. cantly contributed to the Ag industry and the ding anniversary. The Palmer’s were married His lifetime of public service was recognized Central Valley. The Baker, Peterson & Frank- on Feb. 26, 1949 in Herrin, where they lived, in a ceremony on February 20th, yet his work lin Ag Business Award honors a service or worked and raised a large family with 10 chil- continues. Ray Fisher is now serving as an product-related agribusiness or farming entity, dren, 23 grandchildren, and 2 great-grand-chil- Associate Attorney General, and his office with headquarters in the central San Joaquin dren. Joe and Dora were exceptional role oversees a broad range of divisions, including Valley. The Award recipient is selected by a models and they worked hard to provide their antitrust, civil rights, legal counsel, and tax- committee representing the AgFRESNO Advi- children with a Christian home. All ten of their ation. The Justice Department is well served sory Board, National Ag Marketing Association children received college degrees, and some by both his character and his concern for the and the Agriculture department at Baker, Pe- went on to graduate school. Joe worked for public interest. terson & Franklin. and retired from the Maytag Corporation and Mr. Speaker, distinguished colleagues, I ask Wawona Frozen Foods grows and proc- Dora was a homemaker. Since retirement both you to join me and the University of California esses California freestone peaches and straw- have enjoyed gardening and spending time at Santa Barbara in celebrating Raymond berries into fresh frozen fruit products and with their family. Once again, I am pleased to Fisher’s distinguished legal and public service baked fruit pastries. From a modest beginning have this opportunity to congratulate the Palm- career. We look forward to his continued lead- 35 years ago, with 60 part-time employees the ers, and I would like to wish them and their ership role at Justice for many years to come. company has grown to 150 full-time and 1,200 family many more happy years.

VerDate jul 14 2003 10:17 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR99\E08MR9.000 E08MR9 3890 EXTENSIONS OF REMARKS March 8, 1999 TRIBUTE TO AMY PAGE OF GIRL another 40 contributed, resulting in donations them and wish them many more happy years SCOUT TROOP 395 of more than 200 books and $3,600. Frank together. has been invited to speak about community f HON. SPENCER BACHUS service at a national education conference and wants to host another run next year. REINTRODUCTION OF THE FIFTY OF ALABAMA STATE COMMEMORATIVE COIN IN THE HOUSE OF REPRESENTATIVES Ms. Perman is being recognized for her or- ganization of replacing the ‘‘Rocket’’, a much PROGRAM AMENDMENTS ACT Monday, March 8, 1999 loved piece of equipment that had been re- Mr. BACHUS. Mr. Speaker, today I would moved from a local playground because it HON. ELEANOR HOLMES NORTON like to salute an outstanding young woman failed to meet safety regulations. Esther OF THE DISTRICT OF COLUMBIA who has been honored with the Girl Scout learned that the city was going to update the IN THE HOUSE OF REPRESENTATIVES Gold Award by the Cahaba Girl Scout Council playground, but spend most of the allocated Monday, March 8, 1999 in Birmingham, Alabama. She is Amy Page of funds on a new parking lot. She was appalled Girl Scout Troop 395. She has been honored and began to rally the support of other kids Ms. NORTON. Mr. Speaker, today, I reintro- for earning the highest achievement award in and adults. Esther conducted a survey of the duce a bill to give the District of Columbia and U.S. Girl Scouting. The Girl Scout Gold Award city’s young people and presented the results, the four insular areas a privilege the 50 states symbolizes outstanding accomplishments in along with the request for a new Rocket, at a achieved last year: to choose a design for the the areas of leadership, community service, city council meeting. Over the course of many reverse side of the quarter coin in order to career planning and personal development. meetings, Esther convinced the council to commemorate our history as part of the United The award can be earned by a girl aged four- overturn its original plan and spend more States. This program was authorized in the 50 teen through seventeen, or in grades ninth money updating the playground and less on States Commemorative Coin Program Act, through twelfth. the parking lot. The council also agreed to which passed overwhelmingly in the 105th Girl Scouts of the U.S.A., an organization work with the kids in town to design a new Congress. However, the bill unintentionally ex- serving over 2.5 million girls, has awarded Rocket. cluded the District of Columbia and the four more than twenty thousand Girl Scout Awards In light of numerous statistics that indicate territories. My bill would correct that oversight to Senior Girl Scouts since the inception of the Americans today are less involved in their by extending the 10-year commemorative coin program in 1980. To receive the award, a Girl communities than they once were, it’s vital program for an additional year to include the Scout must earn four interest project patches, that we encourage and support the kind of District of Columbia and the four insular the Career Exploration Pin, the Senior Girl selfless contributions these young citizens areas—American Samoa, Guam, Puerto Rico, Scout Challenge, as well as design and imple- made. People of all ages need to think more and the Virgin Islands. ment a Girl Scout Gold Award project. A plan about how we, as individual citizens, can work I objected to the exclusion of D.C. and the for fulfilling these requirements is created by together at the local level to ensure the health four territories when the original bill came to the Senior Girl Scout and carried out through and vitality of our towns and neighborhoods. the House floor. In order not to impede pas- close cooperation between the girl and an Young volunteers like Mr. Cyra-Korsgaard and sage of an otherwise worthy bill, however, I adult Girl Scout Volunteer. Ms. Perman are inspiring examples to all of deferred my protest. In turn, Congressman As a member of the Cahaba Girl Scout us, and are among our brightest hopes for a MIKE CASTLE, the former Chair of the Sub- Council, Amy Page began working toward the better tomorrow. committee on Domestic and International Mon- Girl Scout Gold Award on August 13, 1998. f etary Policy, agreed to cosponsor my bill to She completed her project, Dora’s first Inter- allow the District and the four insular areas to tribal Pow-Wow and Education Day, and I be- IN HONOR OF JOSE AND LEONOR participate. Although Mr. CASTLE no longer lieve she should receive the public recognition RODRIGUEZ ON THEIR 69TH WED- chairs the subcommittee, I want to thank him due her for this significant service to her com- DING ANNIVERSARY for his continued support. The new Chair, munity and her country. SPENCER BACHUS, has promised his full sup- f HON. ROBERT MENENDEZ port and cooperation in helping with this effort, OF NEW JERSEY and he is an original cosponsor of the bill I re- TRIBUTE TO A PRUDENTIAL SPIR- IN THE HOUSE OF REPRESENTATIVES introduce today. I also want to thank the Dele- IT OF COMMUNITY AWARD RE- gates from the four insular areas who have Monday, March 8, 1999 CIPIENT worked on this bill from the beginning. Mr. MENENDEZ. Mr. Speaker, I rise today Although the residents of the District and HON. DON YOUNG to congratulate Jose and Leonor Rodriguez on the insular areas are American citizens, there OF ALASKA the 69th anniversary of their marriage. are some differences between us and the IN THE HOUSE OF REPRESENTATIVES Jose Domingo Rodriguez and Leonor Rojas states. However, qualification to be part of a Perez were born in Remedios, Las Villas, program to redesign quarters to commemorate Monday, March 8, 1999 Cuba. After marrying as teenagers, they were Members’ home districts is surely not one of Mr. YOUNG of Alaska. Mr. Speaker, today anxious to establish themselves as business them. There is no legal or constitutional rea- I would like to congratulate and honor two out- owners in their hometown. Through their hard son to exclude D.C. and the terrorities from standing Alaskan students who have achieved work and entrepreneurial spirit the couple this bill. Congress should be at great pains to national recognition for exemplary volunteer opened ‘‘La Fe’’ bar/cafeteria, which quickly avoid any appearance of treating the District service in their community. Frank Cyra- became the most popular establishment in the and the insular areas as colonies. The Com- Korsgaard and Esther Perman, both of An- area. Through his success, Mr. Rodriguez be- memorative Coin Program may seem like a chorage, have just been named one of my came a respected community leader. minor activity, but the ability to participate in state’s top honorees in The 1999 Prudential In December, 1968, the couple left Cuba to this program is an important recognition to my Spirit of Community Awards program, an an- live in New Jersey. Once here, they worked constituents. nual honor conferred on the most impressive hard and made many sacrifices to ensure that f student volunteers in each state, the District of their sons, Roberto and Rene, flourished in Columbia and Puerto Rico. their new country. Despite having limited for- SENATE COMMITTEE MEETINGS Mr. Cyra-Korsgaard is being recognized for mal education, Jose and Leonor Rodriguez Title IV of Senate Resolution 4, his organization of ‘‘Run for the Books’’ which taught their children the importance of learning agreed to by the Senate on February 4, provided reading materials for homeless teens and achievement at school. Today, Roberto is 1977, calls for establishment of a sys- at Covenant House Alaska. Frank worked with a successful banker in Union City and Rene is tem for a computerized schedule of all Covenant House, identified adult mentors, so- an accomplished physician in Washington, meetings and hearings of Senate com- licited sponsors such as Barnes and Noble D.C. mittees, subcommittees, joint commit- bookstore, promoted the event and organized I am sure my colleagues join me in giving tees, and committees of conference. the logistics. Eighty-two people ran in the Jose and Leonor hearty congratulations on This title requires all such committees event, including the Mayor of Anchorage and their 69th wedding anniversary. I commend to notify the Office of the Senate Daily

VerDate jul 14 2003 10:17 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR99\E08MR9.000 E08MR9 March 8, 1999 EXTENSIONS OF REMARKS 3891 Digest—designated by the Rules com- 2:30 p.m. cant sectors of the American economy, mittee—of the time, place, and purpose Armed Services and other pending calendar business. of the meetings, when scheduled, and SeaPower Subcommittee SD–226 any cancellations or changes in the To hold hearings to examine strategic Health, Education, Labor, and Pensions and tactical lift requirements versus meetings as they occur. To hold hearings to examine patients’ capabilities. health protections. As an additional procedure along SR–232A SD–430 with the computerization of this infor- Intelligence Armed Services mation, the Office of the Senate Daily To hold closed hearings on intelligence Strategic Subcommittee Digest will prepare this information for matters. To hold hearings on proposed legislation printing in the Extensions of Remarks SH–219 authorizing funds for fiscal year 2000 section of the CONGRESSIONAL RECORD Armed Services for the Department of Defense focusing on Monday and Wednesday of each Airland Subcommittee on ballistic missile defense programs week. To hold hearings on proposed legislation and management, and the future years authorizing funds for fiscal year 2000 Meetings scheduled for Tuesday, defense program. for the Department of Defense focusing SR–222 March 9, 1999 may be found in the Daily on tactical modernization, and the fu- Digest of today’s RECORD. 2 p.m. ture years defense program. Armed Services SR–222 Personnel Subcommittee MEETINGS SCHEDULED To hold hearings on proposed legislation MARCH 11 authorizing funds for fiscal year 2000 MARCH 10 9:30 a.m. for the Department of Defense focusing Environment and Public Works 8 a.m. on the defense health program, and the To hold hearings on S.507, to provide for Agriculture, Nutrition, and Forestry future years defense program. the conservation and development of To hold hearings to examine crop insur- SR–222 water and related resources, to author- ance and risk management strategies. Energy and Natural Resources SR–328A ize the Secretary of the Army to con- Forests and Public Land Management Sub- 9:30 a.m. struct various projects for improve- committee Appropriations ments to rivers and harbors of the To hold oversight hearings on the Presi- United States. Legislative Branch Subcommittee dent’s proposed budget request for fis- SD–406 To hold hearings on proposed budget es- cal year 2000 for the Forest Service, De- Appropriations timates for fiscal year 2000 for the partment of Agriculture. Energy and Water Development Sub- Joint Committee on Taxation. SD–628 committee SD–116 Judiciary To hold hearings on proposed budget es- Armed Services Administrative Oversight and the Courts timates for fiscal year 2000 for the De- Readiness and Management Support Sub- Subcommittee partment of Energy, focusing on de- committee To hold joint hearings with the House fense programs, materials disposition, To hold hearings on the condition of the Committee on the Judiciary’s Sub- and non-proliferation. services’ infrastructure and real prop- committee on Commercial and Admin- SD–124 erty maintenance programs for fiscal istrative Law on bankruptcy reform Appropriations year 2000. issues. SR–232A VA, HUD, and Independent Agencies Sub- committee 2237, Rayburn Building Health, Education, Labor, and Pensions 3 p.m. To hold hearings on proposed legislation To hold hearings on proposed budget es- timates for fiscal year 2000 for Corpora- Armed Services authorizing funds for programs of the Emerging Threats and Capabilities Sub- Elementary and Secondary Education tion for National and Community Serv- committee Act, focusing on how the Office of Edu- ice. To hold hearings on. cation Research and Improvement, and SD–116 SR–232A the National Center of Research Statis- YEAR 2000 TECHNOLOGY PROBLEM tics disseminates education research To hold hearings to examine Y2K infor- MARCH 12 information to schools and how that mation technology readiness within research impacts education reform. the court system. 9 a.m. SD–430 SD–106 Judiciary Commerce, Science, and Transportation Commerce, Science, and Transportation To hold hearings on President’s proposed Business meeting to markup S.303, to To hold hearings on S.383, to establish a budget request for fiscal year 2000 for amend the Communications Act of 1934 national policy of basic consumer fair the Department of Justice. to enhance the ability of direct broad- treatment for airline passengers. SD–226 cast satellite and other multichannel SR–253 video providers to compete effectively 10 a.m. MARCH 16 with cable television systems. Finance 10 a.m. SR–253 To hold hearings to explore the ramifica- Small Business 10 a.m. tions of the changing world economy To hold hearings on the President’s pro- Finance and the reforms that are needed in the posed budget request for fiscal year To hold hearings to examine issues of the international tax area. 2000 for the Small Business Adminis- federal recovery of a portion of the to- SD–215 tration. bacco settlement funds attributable to Foreign Relations SR–428A Medicaid. To hold hearings to examine embassy se- 2 p.m. SD–215 curity for a new millennium. Energy and Natural Resources Foreign Relations SD–419 Forests and Public Land Management Sub- To hold hearings on the current human Appropriations committee to resume oversight hear- rights situation in Cuba. Commerce, Justice, State, and the Judici- ings on the President’s proposed budget SD–419 ary Subcommittee request for fiscal year 2000 for the For- Appropriations To hold hearings on proposed budget es- est Service, Department of Agri- Transportation Subcommittee timates for fiscal year 2000 for the De- To hold hearings on Amtrak finance and partment of Commerce. culture. operational issues. S–146, Capitol SD–366 SD–124 Judiciary Appropriations Business meeting to markup S.461, to as- MARCH 17 Defense Subcommittee sure that innocent users and businesses 9:30 a.m. To hold hearings on proposed budget es- gain access to solutions to the year Indian Affairs timates for fiscal year 2000 for the 2000 problem-related failures through To hold hearings on S.399, to amend the Navy and Marine Corps programs. fostering an incentive to settle year Indian Gaming Regulatory Act. SD–192 2000 lawsuits that may disrupt signifi- SR–485

VerDate jul 14 2003 10:17 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 0634 E:\BR99\E08MR9.000 E08MR9 3892 EXTENSIONS OF REMARKS March 8, 1999 10 a.m. MARCH 22 AMVETS, Vietnam Veterans of Amer- Veterans Affairs 1 p.m. ica, and the Retired Officers Associa- To hold joint hearings with the House Aging tion. Committee on Veterans Affairs to re- To hold hearings to examine the quality 345, Cannon Building view the legislative recommendations of care in nursing homes. of the Disabled American Veterans. SH–216 APRIL 14 345, Cannon Building 9:30 a.m. Energy and Natural Resources MARCH 23 Commerce, Science, and Transportation Foreign Relations 9 a.m. To hold hearings to examine the pub- To hold joint hearings on proposals to Aging lished scandals plaguing the Olympics. expand Iraqi oil for food. To hold hearings on a proposal to support SR–253 SD–419 family care givers. Indian Affairs SD–106 To hold oversight hearings on the imple- MARCH 18 mentation of welfare reform for Indi- MARCH 24 2 p.m. ans. Armed Services 9:30 a.m. SR–485 Readiness and Management Support Sub- Indian Affairs To hold oversight hearings on the imple- committee SEPTEMBER 28 mentation of welfare reform. To hold hearings on the readiness of the SR–485 9:30 a.m. United States Air Force and Army op- 10 a.m. Veterans Affairs erating forces. Veterans Affairs To hold joint hearings with the House SH–216 To hold joint hearings with the House Committee on Veterans Affairs to re- Committee on Veterans Affairs to re- view the legislative recommendations view the legislative recommendations of the American Legion. of the American Ex-Prisoners of War, 345, Cannon Building

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