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

Vol. 147 WASHINGTON, THURSDAY, JUNE 7, 2001 No. 78 Senate The Senate met at 9:30 a.m. and was THE GUEST CHAPLAIN Carnahan-Nelson amendment regarding called to order by the President pro Mr. DASCHLE. Mr. President, I wel- assessments, and a rollcall vote on the tempore (Mr. BYRD). come Rabbi Einstein and compliment Carnahan-Nelson amendment is sched- The PRESIDENT pro tempore. To- him for his prayer. I also want to uled at approximately 11:30 under a day’s prayer will be offered by our thank him for the outstanding rep- previous order. There will be additional guest Chaplain, Stephen Einstein, resentation he has here in the Senate. rollcall votes throughout the day. Rabbi of Congregation B’Nai Tzedek California is well represented. We are I yield the floor. from Fountain Valley, California. glad he is here. f The PRESIDENT pro tempore. The PRAYER RESERVATION OF LEADER TIME Senator from California is recognized. The guest Chaplain offered the fol- Mrs. FEINSTEIN. Mr. President, may The PRESIDENT pro tempore. Under lowing prayer: I ask unanimous consent to speak for the previous order, leadership time is This is the day that God has made. about 2 minutes as if in morning busi- reserved. Let us be joyous and be gladdened. ness to welcome the Rabbi from Cali- Eternal God, we thank You for so many f fornia? gifts. You have bestowed upon us tal- The PRESIDENT pro tempore. With- MEASURES PLACED ON THE CAL- ent and abilities that enable us to out objection, it is so ordered. ENDAR—H.R. 6, H.R. 10, H.R. 586, excel, a universe of wonder that in- Mrs. FEINSTEIN. Thank you very and H.R. 622 spires us to create, and a reflected spir- much, Mr. President. Mr. REID. Mr. President, on behalf of it that moves us to appreciate. We ap- Mr. President, this morning’s prayer the majority leader, I understand that preciate the gift of time. You have al- was delivered by Stephen Einstein. He there are several bills at the desk due lotted to us minutes and hours, and is an accomplished religious scholar. for second reading. Therefore, I ask presented us with the challenge. Use He is the Rabbi of congregation B’Nai unanimous consent that it be in order this time for good. Tzedek in Fountain Valley, CA. He is a In this Chamber, we acknowledge for the bills to be read a second time en spiritual leader of a synagogue with 435 that there is so much good that needs bloc. members. But he is also the chaplain of to be done. We are humbled by the The PRESIDENT pro tempore. With- the Fountain Valley Police Depart- tasks that await us. May we face them out objection, it is so ordered. ment, a board member of the American with renewed vigor and purpose. We are Mr. REID. I object en bloc to further Cancer Society, and a member of the particularly grateful, then, for this action on these bills. Religious Outreach Advisory Board of day, and for the opportunity for service The PRESIDENT pro tempore. Objec- the Alzheimer’s Association of Orange it provides. Let us prove our gratitude tion is heard. County. by the manner in which we utilize each The bills will be placed on the Cal- He has written two scholarly books moment. And so with thankfulness, we endar. on Judaism. He has also served as a ask for Your blessings upon every Sen- f member of the Fountain Valley Board ator. May each be a blessing to those of Education, and has served twice as BETTER EDUCATION FOR STU- whose lives are touched by their work. school board president. DENTS AND TEACHERS ACT—Re- Amen. He is a distinguished Californian, a sumed f religious leader. As the senior Senator The PRESIDENT pro tempore. Under PLEDGE OF ALLEGIANCE from California, I welcome him to the the previous order, the Senate will now The PRESIDENT pro tempore led the Senate. resume consideration of S. 1, which the Pledge of Allegiance, as follows: I thank you, Mr. President, and the clerk will report. I pledge allegiance to the Flag of the Senate for receiving him so graciously. The legislative clerk read as follows: United States of America, and to the Repub- I thank the Chair. I yield the floor. A bill (S. 1) to extend programs and activi- lic for which it stands, one nation under God, f ties under the Elementary and Secondary indivisible, with liberty and justice for all. PROGRAM Education Act of 1965. f Pending: Mr. DASCHLE. Mr. President, today Jeffords amendment No. 358, in the nature RECOGNITION OF THE MAJORITY we resume the education reform bill. LEADER of a substitute. The current order will require 1 hour of Kennedy (for Dodd) amendment No. 382 (to The PRESIDENT pro tempore. The additional debate on the Dodd testing amendment No. 358), to remove the 21st cen- majority leader. amendment, 1 hour of debate on the tury community learning center program

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

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VerDate 11-MAY-2000 02:35 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.000 pfrm03 PsN: S07PT1 S5908 CONGRESSIONAL RECORD — SENATE June 7, 2001 from the list of programs covered by per- support of this amendment. I ask the tell school districts that if schools do formance agreements. Chair on the expiration of 10 minutes not perform at a certain level, we, the Biden amendment No. 386 (to amendment that I be notified to make sure I re- Federal Government, will require them No. 358), to establish school-based partner- serve time for others who want to be ships between local law enforcement agen- to close the school. We require the cies and local school systems, by providing heard on this amendment. States to establish statewide content school resource officers who operate in and The PRESIDENT pro tempore. The and performance standards, and tests around elementary and secondary schools. Senator will be so notified. that are the same for all children in Leahy (for Hatch) amendment No. 424 (to Mr. DODD. I thank the Chair. the State. amendment No. 358), to provide for the estab- Let me explain this amendment once The point is, we are mandating deci- lishment of additional Boys and Girls Clubs again. I explained it when I offered it sions at the local level. Down to the of America. yesterday afternoon, and again early Helms amendment No. 574 (to amendment level of detail of telling third graders, last evening. No. 358), to prohibit the use of Federal funds and their parents, when they will be This is a very straight forward, sim- by any State or local educational agency or taking tests. school that discriminates against the Boy ple amendment. I said yesterday that if Scouts of America in providing equal access there is one word that could be used to My amendment says that if we are to school premises or facilities. describe the underlying bill, it is the going to ask for accountability and re- Helms amendment No. 648 (to amendment word ‘‘accountability’’—we want great- sponsibility from students, parents, No. 574), in the nature of a substitute. er accountability. I would add ‘‘respon- school principals, teachers, and school Dorgan amendment No. 640 (to amendment No. 358), expressing the sense of the Senate sibility’’—‘‘accountability and respon- boards, is it unreasonable to ask States that there should be established a joint com- sibility.’’ Students, parents, school to be accountable? Since 1965, we have mittee of the Senate and House of Represent- principals, teachers, superintendents, mandated comparable educational op- atives to investigate the rapidly increasing and boards of education all have to be portunity for students within school energy prices across the country and to de- more accountable and more responsible districts. This amendment simply says termine what is causing the increases. if we are going to improve the quality that there should be comparable edu- Hutchinson modified amendment No. 555 of public education in our country. cational opportunity throughout the (to amendment No. 358), to express the sense There is no doubt in my mind that, of the Senate regarding the Department of State. while there has been improvement in Education program to promote access of Why do I say that? Of the total edu- recent years in classrooms, there is Armed Forces recruiters to student directory cation dollar spent in our public information. room for more improvement. We need Bond modified amendment No. 476 (to to raise the next generation of young schools, 6 cents comes from the Federal amendment No. 358), to strengthen early people to be prepared to meet the chal- Government, 94 cents comes from State childhood parent education programs. lenges of the 21st century and be com- and local governments. In this bill, we Feinstein modified amendment No. 369 (to petitive in a global economy. are mandating that schools and school amendment No. 358), to specify the purposes districts do a better job. If they do not, for which funds provided under subpart 1 of In years past, a child raised in Con- necticut, West Virginia, Massachu- there are consequences. It is a Federal part A of title I may be used. mandate. But the resource allocations Reed amendment No. 431 (to amendment setts, or New Hampshire, competed, if No. 358), to provide for greater parental in- you will, with children in the neigh- are not really there, nor are we insist- volvement. boring town or the neighboring county, ing at a local or State level that they Dodd/Biden modified amendment No. 459 maybe the neighboring State. meet their obligations. (to amendment No. 358), to provide for the Today, our children compete with comparability of educational services avail- My amendment says States must children all over the world. So we need able to elementary and secondary students take on responsibility. If we are asking within States. to prepare a generation like no other in students, and parents, and teachers, the history of this Nation. Therefore, AMENDMENT NO. 459 and schools, and school districts to do the issue of a sound, firm, good elemen- The PRESIDENT pro tempore. Under better, why not the States? tary and secondary education is crit- the previous order, there will now be 1 ical. Many States are working hard at hour of debate on the Dodd amendment This bill mandates a number of this. But, nevertheless, many children, No. 459 as modified, equally divided and things. We, will mandate, for the very simply by the accident of their birth, controlled. first time, that every child be tested have a disparate level of educational Who seeks recognition? opportunity. They are born or raised in The Senator from Connecticut, Mr. every year from third grade through eighth grade. That is a Federal man- a school district where the resources DODD. are not there. A child born in a more Mr. DODD. Thank you, Mr. Presi- date in this bill. affluent school district has an edu- dent, Mr. GREGG. Will the Senator yield? cational opportunity that is vastly dif- Mr. President, as I understand it, Mr. DODD. I am happy to yield. ferent. there is 1 hour of debate equally di- Mr. GREGG. I will note—and the vided on this amendment. Senator is familiar with this—just to I see it in my own State. I represent The PRESIDENT pro tempore. There make it clear, the Federal Government the most affluent State in America on is. already mandates that children take a a per capita income basis, the State of Mr. DODD. I thank the President. I test in three grades. This just adds Connecticut. I also have communities am somewhat disappointed that we three more grades. in my State that are some of the poor- have not scheduled a vote on this Mr. DODD. I accept that point. We est in America. Hartford, our capital, amendment. But I am told that on the do. My point being, my amendment has was just rated as the eighth poorest expiration of an hour that I will have been called intrusive. Because I have city in America. suggested that the States be account- to set this amendment aside, and that So, even in my small State, there are able and responsible, it is said that I the minority floor leader of this bill is children who attend some of the best opposed to a vote occurring on this am proposing a new Federal intrusion schools in America because we support amendment. I hope that we will have into what has historically been a local education through a local property tax, an opportunity to cast a vote in this and State decisionmaking process. Yet, and others, just a few miles away, who body on the amendment that I have of- as my colleague from New Hampshire have much less educational oppor- fered on behalf of myself, Senator has pointed out, we already mandate tunity, for the same reason. BIDEN of Delaware, and Senator REED tests. And, this bill mandates even of Rhode Island. more tests. Just as we are going to test children, There is at least one other Member, We also mandate standards for teach- and schools, and districts, should we or maybe two, who want to be heard in ers at the local level. We are going to not also test States? It doesn’t seem to

VerDate 11-MAY-2000 02:35 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.006 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5909 me that providing comparable oppor- minutes to share some additional bear the responsibility for funding edu- tunity to all children is too much to thoughts on why I believe this amend- cation through decisions made by the ask. ment is worthwhile. And I will antici- legislatures. How do they fund edu- As I pointed out earlier, there are a pate some of the arguments my good cation? It is a State decision and a number of Federal mandates that we friend from New Hampshire will raise local decision. We are mandating already include in law. We withhold in his eloquent opposition to this things at the local level and we are funds from States or school districts if amendment so that my colleagues may leaving out the States. they do not pass certain laws con- have the benefit of these thoughts. I am suggesting that States also have cerning children and guns, for example, I am confident my colleague is going a responsibility to meet their obliga- in addition to the mandates I discussed to call this a cookie-cutter approach, tions. If we are going to mandate per- earlier. I am not drawing judgments, that I want to establish, at a Federal formance and not provide the funding but pointing out that this law is full of level, what every classroom in America for it and exclude the States from mandates, supported by both sides. is going to look like. Nothing could be being accountable, then we are going We bear a responsibility at the Fed- further from the truth. What this to be back here a few years from now eral level to do a good job to see to it amendment requires is that every child asserting that the Federal Government that dollars taxpayers have sent to us in a State have a comparable edu- mandated something, but did not fund go back to support education in the cational opportunity with other chil- it. ways in which title I and the rest of dren in that same State. Last evening, I see my friend from Maine, Senator ESEA. In this bill, we say that school I cited the supreme court decision in COLLINS, on the floor who believes pas- districts should do a better job, that the State of New Hampshire, which sionately in our responsibility for fund- parents and teachers and school super- makes the case more eloquently than I ing special education. I agree with her. intendents should do a better job. could, saying that in the State of New In fact, we have all fought hard to see Shouldn’t States be included in that Hampshire children, regardless of the that we meet that obligation. community of accountability and re- community in which they are raised, The underlying bill we are consid- sponsibility? That is all I am sug- ought to have an equal opportunity. I ering mandates that children do better in schools. We set standards that are gesting with this amendment. stress the word ‘‘opportunity.’’ I do not We leave it to the discretion of the believe any of us has an obligation to going to have to be met. We are going to have to provide resources for this. Secretary of Education to determine to guarantee any person in America suc- Some communities do not have the re- what extent administrative funds cess. That has never been the American sources; others do. To mandate a level would be withheld. We give these way. of performance and not provide the re- States 6 years to at least demonstrate What we have always believed, since sources for children to achieve that they are moving in the direction of of- the founding days of our Republic, is that equal opportunity has been the level of performance is dangerous. fering ‘‘comparable’’ educational op- I see my colleague from New Jersey. magnet which has drawn the world to portunity. The words I have chosen How much time remains on the pro- our shores. Where people had been de- have been in the law for 36 years. ponents’ side of the amendment? I see I have used 10 minutes. nied opportunities for a variety of rea- The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The sons—religious, ethnic, gender, what- proponents have 14 minutes remaining. Chair notifies the Senator from Con- ever—America has been the place Mr. DODD. I yield 10 minutes to my necticut 10 minutes have expired. where they get judged on their abili- colleague from New Jersey. Mr. DODD. I thank the Chair very ties. The PRESIDENT pro tempore. The much for that notice. I could have gone There are countless stories of people, Senator from New Jersey is recognized on. As you can see, I was building up a coming from the most humble of ori- for 10 minutes. head of steam. gins, who have risen to the very Mr. CORZINE. Mr. President, I am I see my friend from New Hampshire heights in their chosen field of endeav- honored that the President pro tem- is in the Chamber. There are several or. I could cite the example of the Pre- pore is in the chair. It is great to see colleagues—at least one I know of— siding Officer as a case in point, if he him there. who want to be heard on this subject. I wouldn’t mind my making personal ref- I also am pleased that I have this op- want to reserve some time for them. erence to it. Providing an equal oppor- portunity to stand in support of the Would my colleague from New Hamp- tunity to everybody, that is all this is. Dodd-Biden amendment, which is de- shire like to be heard at this time? I What better key to a success than an signed to make sure that every child in know he wanted to respond to some of education? If you don’t have a good America has access and the equal these very thoughtful and persuasive educational opportunity, it is very dif- promise of a quality education. The arguments I am making. ficult to achieve your full potential. Dodd-Biden amendment on school serv- Mr. GREGG. Mr. President, at this My great-grandmother, when she ice comparability is a terrific initia- time I reserve my time because last came to this country with my great- tive. This amendment is structured so night I was so eloquent, I am just at a grandfather, was about 16 years old. all children have access to comparable loss for words today. They were married. They came from a quality education—not identical, but Mr. DODD. So I have heard. small community on the western coast quality comparable education. Mr. President, I suggest the absence of Ireland. The first thing she did—she It is a goal that all of us surely have of a quorum and ask unanimous con- couldn’t read or write—was to get her- to believe is as important as equal test sent that the time be charged to both self elected to the local school board in results. Equal opportunity is just as sides. the 19th century because she under- important as equal outcomes as meas- The PRESIDENT pro tempore. Is stood that education was going to be ured by standardized tests. there objection? The Chair hears none. the key. She had been raised in a coun- This amendment is more than com- The absence of a quorum has been sug- try where she couldn’t go to school be- mon sense, too. It actually fulfills the gested. The clerk will call the roll. cause of her religion. She understood promise that we as a nation make to The legislative clerk proceeded to that an opportunity for herself and her all of our children—that we will pro- call the roll. family—her nine children, my grand- vide every child in America with access Mr. DODD. Mr. President, I ask unan- father being the ninth child—was going to a quality education and the Amer- imous consent the order for the to be education. ican promise that flows from that, re- quorum call be rescinded. Educational opportunity is what I gardless of race, the family’s income, The PRESIDENT pro tempore. There am focusing on. As we have been say- or where they live. being no objection, the quorum call is ing to school districts across America Title I kids should have access to rescinded. for 36 years, you must provide com- every opportunity every other child in The Senator from Connecticut. parable educational opportunity for America has. It should not be a func- Mr. DODD. While I am waiting for each child within that school district. I tion of where they are born or where one of my colleagues to enter the am expanding that equation to say in they live. As my colleagues have al- Chamber, I will just take few more each State because the States really ready described, this amendment would

VerDate 11-MAY-2000 01:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.009 pfrm03 PsN: S07PT1 S5910 CONGRESSIONAL RECORD — SENATE June 7, 2001 encourage States to ensure that all court ordered the most comprehensive ator from New Jersey said, there is students receive a comparable edu- set of educational rights for urban still a huge gap in terms of educational cation in several critical areas: class schoolchildren in the Nation. opportunity. size, teacher qualifications, cur- In New Jersey, we are proud of this Mr. President, I yield 3 minutes to riculum, access to technology, and ruling. Under Abbott, urban students my colleague from Minnesota. school safety. These are just common- have a right to school funding at The PRESIDING OFFICER. The dis- sense areas where we ought to be pro- spending levels of successful suburban tinguished Senator from Minnesota. viding for every child a similar edu- school districts what they call ‘‘parity Mr. WELLSTONE. I thank the Sen- cational experience. funding’’—this is what the Dodd-Biden ator from New Jersey. They allow for the full potential of amendment is working towards; educa- Let me just in 3 minutes lend my all of our children. Every child has a tionally adequate school facilities; and support to this very important amend- right to a qualified teacher. All of us intensive preschool and other supple- ment. I will try to do this a little dif- believe that. Every child has a right to mental programs to wipe out the dis- ferently. I think this amendment that a challenging curriculum. Every child advantages. These are the basic edu- is offered by Senator DODD, joined by has a right to go to school in a safe and cational services that every child Senator BIDEN, is, at least to me, obvi- quality school building. In my State of should expect to have access to and ous. This is an amendment offered by a New Jersey, there are many schools 100 that every child needs to succeed in Senator who spends a lot of time in years old, with an average age of 57 our society. schools. Not every Senator does. Sen- years. In our urban areas, it is a seri- Fortunately, Abbott has been a suc- ator DODD is in schools all the time in ous problem. cess. It is not perfect. We haven’t made Connecticut and probably around the A ZIP Code should not determine the all of those transitions to comparable country. quality of a child’s education. I hope outcomes, but New Jersey has made What Senator DODD is saying is this this is a basic premise on which we can real progress in equalizing the edu- comparability amendment has to do all agree. Unfortunately, in my State cation provided to students in our com- with making sure we deal with—and I and around the country ZIP Codes munities. The Federal Government am sure that the most noted author of often do determine the quality of edu- must also play an active role in ensur- children’s education, Jonathan Kozol, cation a child receives. Children in one ing that the children who need the is smiling. This is all about his book town where there is a serious tax base most, get the most. Title I has gone a ‘‘Savage Inequality.’’ What the Senator for them to operate under receive a long way. What this amendment is is saying is let us have some com- high-quality education. In other towns, doing is asking States on a national parability when it comes to class size, adjacent to those very same commu- basis to do what New Jersey has al- access to technology, safe schools, cur- nities, they receive a dramatically ready done. riculum, and teachers. lower quality education because they A substantial portion of the debate I would just say to Senator DODD don’t have the resources to provide for on this education bill has been about that as we have gone forward with this those quality teachers, the quality accountability. We demand account- bill, I have had all of these e-mails schools, the kinds of curricula that will ability from students, teachers, from around the country from all of make a difference. schools, everybody under the sun, but these teachers, sometimes parents, The reality is that property taxes in we also need to demand accountability sometimes students, but these teachers this country often determine who gets from the States with regard to pro- are the ones who know, these are the a quality education and the resources viding comparable funding, comparable teachers who are—I think the Sen- available to provide those services. services for our kids so they can get to ator’s sister is a teacher in fact—in the This amendment strikes at the heart of those equal outcomes. For example, inner-city schools. They are in the that to try to bring equality, com- starting in third grade, we will begin trenches. They have stayed with it. parability, not identical results and testing all students, with drastic meas- They are totally committed. They are services, but comparable ones. ures for failing scores. We require saying: For God’s sake, please, also in Inequality by geography, race, and equal outcomes on test scores, but we the Senate, above and beyond talking class is close to a national disgrace. If will not provide equal resources. I find about annual testing, give us the tools you see the difference from one place that hard to believe. That is not con- to make sure the children can achieve. to another in schools across the coun- sistent with America’s sense of fair- Please talk about the importance of try, it is hard to understand how we ness. We demand accountability of stu- good teachers, qualified teachers. can tolerate it. It robs children of dents, teachers, and schools, but we do Please talk about the importance of equal access to the American promise. not address the glaring disparity built access to technology. Please talk about Unless we address this problem, as the into the system of how we provide re- the importance of good curriculum, of Dodd amendment would begin to do, sources to those schools. small class size. Please talk about the that inequality in our educational sys- I support high standards. I support importance of dividing school build- tem will grow wider and wider through accountability, but accountability ings. Please talk about the importance time, perpetuating a sense of unfair- measures alone are not sufficient to that schools should be safe. Please talk ness in our society. We need to address provide an adequate education. We about all of the resources that will it up front. This amendment does that. must ensure that every school and make it possible for all the children in Title I was designed to be the engine every child has the level of resources America to have the same opportunity of change for low-income school dis- necessary for a rigorous education and to learn. tricts. This amendment would add fuel necessary to meet those standards. That is what this amendment is to that engine, requiring States to en- It is in this light that I strongly sup- about. That is why this amendment is sure that all students receive a com- port the Dodd-Biden amendment, be- so important. parable education—again, not iden- cause it goes right at that equality of Mr. DODD. Mr. President, I reserve tical, comparable—regardless of where opportunity, through resources, that is the remainder of my time, if I may. they live or their family’s income, critical to ensuring equality of out- The PRESIDING OFFICER. The Sen- race, or nationality. comes. ator from New Hampshire. In my State of New Jersey, we have I thank the Chair. Mr. GREGG. Mr. President, we dis- been struggling with this promise for The PRESIDING OFFICER (Mr. DAY- cussed this amendment a little bit yes- the better part of 30 years, providing TON). The Senator from Connecticut. terday—in fact, considerably yester- equal access to a quality education. Mr. DODD. I thank my colleague day—and I presented most of my Thirty years ago we had a case before from New Jersey for his very eloquent thoughts. I know some other Members our State supreme court, Abbott v. statement. In my State of Connecticut on my side are going to come down and Burke, that found the education of- a real effort has been made to address talk about it. This amendment is an in- fered to urban students to be ‘‘trag- this issue, as in New Jersey. In Min- credibly pervasive amendment and will ically inadequate’’ and ‘‘severely infe- nesota as well. Many of our States are have a fundamental effect on the Fed- rior.’’ This was a landmark case. The working hard at this but, as the Sen- eral role in education. It will, in my

VerDate 11-MAY-2000 01:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.011 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5911 opinion, create an atmosphere where to our country, and in another part of ment with their local teachers union the Federal Government is essentially the State they may not have that issue that says: We are going to have 20 kids nationalizing the standards throughout but they may have an issue of wanting in a classroom, but we are going to pay the country for what education will be. to get their children up to speed in the our teachers a lot more because we The way it does this is as follows: It area of the industry which dominates think our teachers are able to handle says that every school district in a that region—say, forestry. For exam- 20 kids and are good teachers. State must be comparable, and it is up ple, they might want to have a special In another part of the State, they to the State to decide that com- program in how to do proper might have 15 kids in the classroom parability. But if the State doesn’t de- silviculture. You could not do that and pay their teachers less, or they cide the comparability, then the Fed- anymore. You could not have those dif- might work on a different day sched- eral Government starts to withdraw ferent approaches to education within ule, might work on a different struc- the funds. And it also sets up the the school system. They would all have ture of their day, or might work on a standards for what must be com- to be comparable under this amend- different responsibility from area to parable. It is a Federal standard—what ment. area within a State as to what teachers must be comparable under this amend- It makes absolutely no sense that we do. ment. The standard includes class size, as the Federal Government should set They may have a program where qualifications of teachers by category that sort of standard on the States and teachers are required to, under their of assignments, curriculum, range of on the local communities. contract, be involved in extra- courses offered, instructional material, Then there are a couple of very spe- curricular activities, and in other parts instructional resources. cific issues where this amendment of the State that might not be the You essentially are saying the Fed- clearly creates a huge threat. The first case. eral Government is going to require is charter schools. This amendment es- There are different retirement stand- comparability—comparability meaning sentially eliminates the capacity to ards from community to community. that everybody does it essentially the have charter schools because charter Some communities may want their same way—throughout the country, or schools, by definition, differ. That is teachers to retire at an earlier age, and at least throughout every State, within why charter schools are created. They some communities may not. It all de- every State. Logically, the next step is are different. That is what you have pends on the collective bargaining to do it across the country from State with a charter school. You get together agreement. Collective bargaining agreements to State. a group of parents, teachers, and kids would be inconsistent with this amend- As I mentioned last night, why and say: We are going to teach dif- ment. In fact, it would be a Catch-22 should the State of Connecticut be al- ferently than local schools. We are for a State that does not collectively lowed to spend more on its children going to do it with public money. We bargain its teachers statewide. I do not than the State of Mississippi? Should it are talking about public charter know too many States that do collec- not all be comparable? Under the logic schools here. But we are going to do it tively bargain their teachers statewide. of this amendment, that is the next differently. Those schools would be Most States bargain community by step. Connecticut should send money wiped out because you could not be dif- community, not State by State. So to Mississippi. The same amount you ferent. You would have to be com- this becomes a totally—I do not know spend per child in Connecticut should parable. And the magnet schools would if it becomes unenforceable; maybe it be spent on the child in Mississippi. be wiped out, schools that are designed overrides the collective bargaining But more importantly than that, or specifically to educate in special sub- agreement. equally important to that, this goes to ject matters such as science. I do not know how the sponsor of the the heart of what I think is the essen- You have these famous science high amendment intends to handle that tial of quality education which is the schools across this country. I think very significant problem, but it is a big uniqueness and creativity of the local they have one in New York City called problem because comparability clearly community to control how their chil- Stuyvesant. They have one in North cannot work if there is a collective bar- dren are educated. One town in a State Carolina which has been hugely suc- gaining agreement in one part of the is going to have a certain set of ideas cessful. And they have one right here State which presents one significantly on how education should be provided in the Washington region called Thom- different approach than another part of versus another town in that State. as Jefferson. Magnet schools would be the State. They then cannot be com- Granted, they are all going to have wiped out because they are different. parable and consistent with the collec- to get their children to a certain level You are not allowed to be different tive bargaining agreement. of ability in the core subject matter— under the amendment. That is the This amendment is first, obviously, a English, math, science—in order that theme of this amendment. If you do philosophical anathema to my view of the children be competitive. But how not have sameness, you do not have how to educate in this country, which they get their children up to that level fairness. is we should maintain and promote of competency is left up to the school I have to say I do not believe that is local control; we should not undermine district under our bill. The local school true at all. I think you get fairness by local control by requiring everybody to district has the flexibility. And then producing results. You get fairness by do everything the same. the ancillary aspects of the school sys- producing results, not by controlling That is the key problem with the tem are left up to the school districts— the input but by controlling the out- amendment, but it also has huge tech- ancillary being integral in the sense of put. nical implications for the creativity of foreign languages, for example, com- If a child goes through the system local communities in the area of char- puter science teaching, sports pro- and learns effectively, then you have ter schools, magnet schools, different grams, community outreach programs. fairness. If a child does not go through curricular activity that might be ap- But under this amendment, that the system and learn effectively, then propriate to one region over another would no longer be the case. There you do not have fairness. region or different fiscal activity, would have to be comparability. Every What this underlying bill does and structure. town and community within the State what the President proposes is to re- For example, I suspect a school in would have to do it the same way in all quire that children learn effectively, southern California does not need the these different areas of discipline. not require that all children be taught same heating system as a school in So in one part of the State you might exactly the same way, because one does northern California, and yet under this have a community that believes, be- not necessarily learn that way. There amendment they have to have the cause of the ethnic makeup of the city are a lot of school systems that feel same heating system. They would have or the community, they need special that way. to actually have the same heating sys- reading instruction in one language Then we have another major issue tem because they would have to have —say, Spanish or Greek—because they which is called the collective bar- the same resources, the same buildings. have a large community of immi- gaining system. In one part of a State, That is the way it is written. It says grants, of people who have immigrated for example, they might have an agree- it has to be comparable. It says the

VerDate 11-MAY-2000 01:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.013 pfrm03 PsN: S07PT1 S5912 CONGRESSIONAL RECORD — SENATE June 7, 2001 physical facilities have to be com- that participating children have the oppor- ator from Connecticut to begin with. I parable. Institutional resources have to tunity to achieve to the highest student per- do not see how he can argue against his be comparable. formance levels under the State’s chal- own position, which is he believes that Mr. DODD. Will my colleague yield lenging content and student performance in order for people to be tested and to standards; on this point? (iii) accessibility to technology; and be held to a standard, then everybody Mr. GREGG. I will be happy to yield. (iv) the safety of school facilities.... has to have equal access to the same Mr. DODD. I thank my colleague. That is getting pretty specific and in- opportunities of curriculum, class size, This is an important point. Again, I clusive and much different from the and structure—everything has to be es- have great affection for my friend from way comparability is used in present sentially at the same level. That was New Hampshire. law. That is a fact. his argument, was it not? Mr. GREGG. I am yielding for a ques- Mr. DODD. Mr. President, if my col- Mr. DODD. Will my colleague let me tion. league will yield further, he has just respond without asking a question? Mr. DODD. Yielding for a question. Mr. GREGG. On the Senator’s time I recited very accurately the provision As my colleague must be aware—and will be happy to. on page 2 of the amendment of things this is in the form of a question, Mr. Mr. DODD. I think I am out of time. under ‘‘Written Assurances’’: President—we have had the word Mr. GREGG. Reserving my time, Mr. A State shall be considered to have met President, what is the time situation? ‘‘comparable’’ on the books regarding the requirements [of this amendment] if school districts for 36 years. The law The PRESIDING OFFICER. The Sen- such State has filed with the Secretary a ator from New Hampshire has 14 min- has said that within school districts, written assurance that such State has estab- educational opportunity must be com- lished and implemented policies to ensure utes, and the Senator from Connecticut parable. comparability of services in certain areas. has 3 minutes. Mr. DODD. Mr. President, on my Is it not true, I ask my friend from If my colleague reads further down to time, the point I am making —in fact, New Hampshire, that magnet schools, ‘‘class size,’’ we do not say what class we debated this yesterday—Is that the charter schools, and science schools size, what qualifications. We all know, have all functioned within school dis- words ‘‘comparable’’ and ‘‘identical’’ and I ask my colleague this in the form are not synonymous. ‘‘Comparable’’ al- tricts with a Federal law that has re- of a question, is there anywhere in this quired or mandated comparable edu- lows for great latitude. We have man- language where it sets class size, where dated comparability within school dis- cational opportunity? it sets the standard by the Federal I am not changing that. I am just ex- tricts. Government, other than saying the If you take the school districts of Los tending the geography from school dis- State should have comparability of Angeles and New York, there are more tricts to States. I am not applying any those standards without setting the students in each of those school dis- new standards from those that have ex- standard? tricts than in 27 different States. They isted in the law for more than three Mr. GREGG. Absolutely. That is the have found it very workable to have decades. whole point. If I may reclaim my time. reached comparable levels of edu- Mr. GREGG. Mr. President, I appre- That is exactly what this does. It says cational opportunity within a very di- ciate the Senator from Connecticut that a State must have a comparable verse student population, in the city of raising that issue because the fact is he class size across that State, which New York and the city of Los Angeles, has taken the term ‘‘comparability,’’ means a State such as California, to cite two examples. which is today used in an extremely which is a huge State and which may There are plenty of other school dis- narrow application and in a very loose have variations in class size depending tricts that have student populations enforcement application—in other on what communities have decided is vastly in excess of the entire student words, it applies simply to commu- best, both by negotiating with their populations of States that have dealt nities and it applies to teachers essen- teachers union and working with their with this requirement for years. tially and to curriculum within the students, their parents, and their My point is, States bear a responsi- teaching community—it has been ex- teachers those States now are not bility in educating children. This bill, tremely loosely applied to commu- going to be able to do that any longer, and legislation preceding it over the nities, and the Senator from Con- those communities are not going to be years, has mandated that teachers, necticut has taken that word and has able to do that any longer. They are parents, students, school boards, and expanded it radically to essentially the going to have to set one class size for school superintendents be accountable whole State. the entire State, comparable across the and responsible. We are asking it of The Senator from Connecticut uses State. ourselves at the Federal Government. as an example, for example, the New Curriculum: For example, I cannot My amendment merely says, should we Hampshire Supreme Court decision in imagine anything more intrusive than not also ask our States to be account- this area which did exactly that. It ex- having the States say unilaterally you able for the equal educational oppor- panded the issue of funding and equal- have to have a comparable curriculum tunity of all children? That is all. ity of funding radically throughout the on all the different categories of cur- We have laid out some basic com- whole State so everybody had to do it riculum. There may be some commu- monsense standards without man- the same way, changing the whole sys- nities that do not believe they need a dating what the standard should spe- tem of education within the State of curriculum that deals with some of cifically. For example, individual New Hampshire. these core issues. Obviously, on core science schools exist in Los Angeles Senator DODD is suggesting doing the issues such as math, science, and and New York. My colleague men- same thing with the word ‘‘com- English, they are going to have com- tioned Stuyvesant High School. When parable’’ on a statewide basis and hav- parable curriculums. Hopefully, you the Federal Government said ‘‘com- ing the Federal Government come in will not. Maybe they will not. Maybe parable’’ in the school district of New and set what the term ‘‘comparability’’ some States will let some type of York, it did not wipe out Bedford means now in a much more precise and American history be taught in one sec- Stuyvesant High School. That school mandatory way. tion and another type of American his- has done well under a Federal mandate When he uses terms in his amend- tory be taught in a different section. of comparability. ment such as ‘‘comparability,’’ among American history should be consistent. We are mandating there be better other things, shall include: There are other issues. What about performance, but if we don’t say to (i) class size and qualifications of teachers languages? They might want to teach States, as much as we are saying to (by category of assignment, such as regular Japanese in San Francisco, but maybe school districts, that there has to be a education, special education, and bilingual in San Diego they want to teach Chi- comparable educational opportunity, education) and professional staff; (ii) curriculum, the range of courses of- nese or Spanish. we are setting a standard that poor fered (including the opportunity to partici- The comparability language is so per- communities, rural and urban, will not pate in rigorous courses such as advanced vasive that it basically takes every- meet. placement courses), and instructional mate- thing and makes oneness, which was In New Hampshire, the supreme rials and instructional resources to ensure the point of the argument of the Sen- court decision was most eloquent in

VerDate 11-MAY-2000 01:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.014 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5913 pointing out it was wrong to mandate amendment will have on changing the view has shifted to the Federal Govern- that a small, poor community be re- focus of the President’s proposals on ment, the Department of Education, to quired to increase its property tax education as negotiated between a va- Washington, DC, and, No. 2, this fourfold to meet those responsibilities riety of parties involved in the negotia- amendment would broaden the intru- without the State stepping forward. tion can be understated. siveness of local control. Those prin- The court said that ‘‘[T]o hold other- There was an agreed to set of prin- ciples are exactly opposite of what wise would be to . . . conclude that it ciples laid down. The basic philosophy President Bush has put forward, what is reasonable, in discharging a State of those principles was that we were most Americans believe, and that is obligation, to tax property owners in going to look at how the child did, local control, less Government intru- one town or city as much as four times whether the child actually learned siveness, and more accountability. the amount taxed to others similarly more, whether the low-income child In terms of intent, the amendment is situated in other towns or cities.’’ was in a better competitive position clearly positive. It is honorable. The It is an eloquent statement. relative to peers and educational suc- intent is that every student receives an In closing, I thank my colleagues cess. We were going to allow flexibility equal education. The problem is the from New Jersey and Minnesota for of the local school systems, subject to specifics of how that intent is accom- their support and ask all my colleagues assuring through assessment standards plished—again, more Federal oversight to join me, Senator BIDEN, and Senator and accountability standards that the instead of local, and more intrusive- REED, in supporting this amendment to children were improving. ness. provide equal educational opportunity That was the flow: Focus on the What does it mean? It means in a for all children in a State. This amend- child, flexibility, expect academic State such as Tennessee, if there is a ment is supported by the National achievement, and subject it to account- rural school that has no limited- PTA, the National Education Associa- ability so we knew it was working. A English-proficient students, they will tion, the Council of the Great City lot of work went into this concept. The still have to have as many bilingual Schools, which represents the largest President’s ideas are aggressive and education teachers as a school, say, in 50 school districts in the country, and creative and they will take the Federal Nashville, TN. That sort of vagueness the Leadership Conference for Civil Government in a different direction. about what comparability means ulti- Rights, which includes 180 prominent We will go away from command and mately is translated down into some- organizations, such as the AARP, the control and go toward output. We will thing very specific which simply does American Association of University go away from trying to find out how not make sense to me when you look Women, the AFL-CIO, the American many books are in a classroom, how within a State—for example, Ten- Federation of Teachers, the American big the classroom should be, and how nessee. Veterans Committee, Catholic Char- many teachers are in the classroom to How will a State measure com- ities USA, the NAACP, the National seeing how much a child is learning parability of teacher qualifications, of Council of Jewish Women, the National and making sure when that child seniority, of level of education? I ask, regarding the services identified— Council of La Raza, the National Urban learns they are learning something rel- teachers, instruction materials, tech- League, the YMCA, the YWCA, and ative to them and that they are stay- nology service, the school safety serv- others. ing with their peers. We will give par- ices, the bilingual education services— The PRESIDING OFFICER. The Sen- ents more authority and flexibility and how do we know those are the absolute ator’s time has expired. capacity to participate in the edu- answers to all students? We simply do Mr. GREGG. I yield the Senator 30 cation of their children and to have not. I believe the only strings attached seconds. some say when their children are stuck to Federal dollars should be those that Mr. DODD. I am hopeful we can vote in schools that are failing. on this amendment. We debated yester- insist on demonstrable results. These are themes that are critical to I see the Senator from Maine has ar- day afternoon, we debated yesterday improving Federal education. This rived. We only have about 4 minutes evening, and this morning. I am fully amendment goes in the exact opposite left, so I will yield to her. But let me prepared to have a vote and go to the direction. I used the term ‘‘nationaliza- just close and say instead of funding next amendment and get the education tion’’ yesterday. I don’t think that is institutions, instead of concentrating bill done. The President wants the edu- too strong. This is an attempt to assert on services and inputs, instead of moni- cation bill to be passed. a national policy essentially on all toring progress versus regulations, we I know my colleague, the chairman school districts in this country. That is absolutely must focus on student of the committee, is anxious to move extremely pervasive and requires a achievement—something which this this along. I am confident the Repub- cookie-cutter approach to education amendment does not do. It aggravates lican leader is as well. I am hopeful and takes away local control. There- the situation and moves in the opposite this amendment can be considered and fore, the amendment essentially does direction. voted up or down and that we move to fundamental harm which is irreparable I yield the floor. the next order of business. to this bill, in my opinion. That is why Mr. KENNEDY. Mr. President, I am I ask the question, Can we vote? We we have such severe reservations. happy to ask consent for 10 minutes have debated the issue. I am prepared I yield such time remaining to the evenly divided, if that is agreeable. to debate longer, but I made my case Senator from Tennessee. This is a very important amendment. on why I think accountability and re- Mr. FRIST. How much time remains? Would that be sufficient time? I ask for sponsibility belong to everyone, includ- The PRESIDING OFFICER. There 10 minutes. ing the State. are 9 minutes remaining. The PRESIDING OFFICER. Without I ask my colleague and friend from Mr. FRIST. I will speak and give the objection, it is so ordered. The Senator New Hampshire, is there any chance we floor to the Senator from Maine when from Maine. might have a vote on this amendment she arrives. Ms. COLLINS. Mr. President, the some time soon? I believe this amendment is one that Senator from Connecticut is such a Mr. GREGG. No. we absolutely must defeat if we stick strong advocate for our Nation’s chil- Mr. DODD. I appreciate the candor of with the principles of flexibility of dren. I have enjoyed working with him that answer. People from New Hamp- local control, of shifting the power of on so many issues. But as much as I ad- shire are noted for their brevity in review locally instead of federally. The mire him and share his commitment, I coming right to the point. He does not underlying principle that is critically do rise in opposition to the amendment gussy it up with trappings and important to the BEST bill which the of Senator DODD. garnishes. President has set out in his agenda, This amendment, although it is very I thank my colleague. discussed often in this bill, is leaving well intentioned, is contrary to the Mr. GREGG. I thank the Senator no child behind. goal of this education reform bill from Connecticut for his description. There are basically two issues that which is to give more flexibility to This amendment goes to the heart of bother me most about this amendment. local schools and to States while hold- this bill. I don’t think the impact this No. 1, as I mentioned, the power of re- ing them accountable for what really

VerDate 11-MAY-2000 01:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.017 pfrm03 PsN: S07PT1 S5914 CONGRESSIONAL RECORD — SENATE June 7, 2001 counts, and that is student achieve- have, not by prescribing every rule, etbook if it resists. Maybe when there ment, ensuring that every child is every regulation. Let’s trust our teach- are federal financial consequences for learning, that no child is left behind. ers and our local school board mem- state resistance to State supreme Comparability of services is a con- bers. Let’s trust the local teachers and courts, states will do a better job of cept that was created to make sure superintendents. They know best what complying with judicial orders. that title I schools get services com- is needed. Second, the Senator from New Hamp- parable to those received in nontitle I I urge opposition to the amendment shire yesterday repeated an old and schools. But the amendment of the of my colleague, Senator DODD. Again, outdated argument that ‘‘education is Senator from Connecticut simply goes he is a strong advocate for our Nation’s not a formula where more dollars equal too far. It would, for example, require schools, and I have enjoyed working better results.’’ We have known for a States to ensure comparability among with him, but I believe his amendment long time though that money well schools in class size, in qualifications goes too far and is misguided. spend does make a difference. In fact, of teachers by category of assignments I retain the remainder of our time for the last time we reauthorized ESEA, such as regular education, special edu- our side, and I yield the floor. we had a series of hearings on this cation, bilingual education. It would The PRESIDING OFFICER. Who issue. mandate the same courses be offered, yields time? The Senator from Massa- We heard as far back as 1993, that in- the range of courses, and how rigorous chusetts. creased education spending targeted to they are. It is extraordinarily prescrip- Mr. KENNEDY. Mr. President, as we critical areas like teacher quality have tive. It really turns on its head the return to debate on the Dodd-Biden a profound effect on student achieve- whole idea of leaving to States and amendment, I want to clarify for Mem- ment. This is what we heard from Dr. local communities the issues of cur- bers just what the amendment does and Ronald Ferguson of Harvard University riculum design and teacher qualifica- add two points that were not made yes- after studying teacher quality and stu- tions. terday. dent assessment results in every Texas For example, we know very well the The amendment conditions title I school district. needs of schools vary from community state administration funds—1 percent A measure of teachers’ literacy skills ex- to community. My brother, Sam Col- of total state funds—on a written as- plains roughly 25 percent of the variation surance that ‘‘comparable,’’ not iden- among Texas school districts in students’ av- lins, is chair of the school board in Car- erage reading and math scores on statewide ibou, ME, my hometown. Through his tical, essential education services, such standardized exams. . . . Better literacy efforts and efforts of other local lead- as teacher quality and access to tech- skills among teachers, fewer large classes, ers, the school system has established nology, are provided across districts. and more teachers with five or more years a bilingual education program in the States have up to four years to comply. experience all predict better [test] scores. elementary schools. It is a wonderful If a state fails to send a simple written Deep down every United States Sen- program. But under the Dodd amend- assurance to the Secretary, their ad- ator knows what every parent and ment, that program would have to ministrative funds are withheld. Once a teacher knows—that resources matter exist in every school in Maine. That is state sends a written assurance, any in education. If resources didn’t mat- just not practical. previously withheld funds are returned. ter, we wouldn’t mind sending our chil- Similarly, in Portland, ME, we have All a state has to do is file a piece of dren and grandchildren to the poorest a large number of students with lim- paper. I think the amendment is too schools. If resources didn’t matter, peo- ited English proficiency. That means modest frankly in not allowing the ple wouldn’t fight ‘‘Robin Hood’’ plans there is a great need for ESL teachers Secretary to engage in a more search- that equalize spending by taking from and bilingual teachers in that school ing inquiry into whether the written the wealthy districts to give to the system. But in other more rural parts assurance actually reflects a com- poor. Now I don’t think we should of Maine that need simply doesn’t parable education being offered. equalize spending down by taking exist. This amendment is still money from some communities and This amendment simply is imprac- groundbreaking, however. Since 1965, giving it to others. I think we should tical. It is just not workable, in addi- we have required individual school dis- equalize up by sending more targeted tion to being contrary to the concept tricts to provide a written assurance education resources to the commu- of allowing those who know our stu- that they are offering a comparable nities that are deprived. I hope the dents best—our local school boards, our regular education in title I and non- President and the other side will join teachers, our parents, our principals, title I schools. We have never asked us in that effort to boost education our superintendents of schools—to de- states to assure that comparable serv- spending overall. sign the curriculum and provide the ices are provided among schools in dif- Every child deserves a fair chance. courses and other needs for a local ferent school districts. This amend- I am rather amazed at these state- school. ment does. Whereas all title I program ments that are made on the floor about Schools differ. One school may need a funds are conditioned on local compli- how this undermines the President’s gifted and talented program; another ance currently, only title I state ad- initiatives, because to the contrary, may need to improve its library; still ministration are conditioned under the this does not interfere with any of the another may need to establish an ESL Dodd-Biden amendment. President’s initiatives. I think it gives program. In short, one size does not fit There are two additional points, much more life to the President’s ini- all. Yet that is the implication and the which were not raised yesterday, that I tiative, because Senator DODD’s amend- premise of the amendment of the Sen- would like to add. First, state after ment is going to encourage States to ator from Connecticut. state repeatedly has found itself back provide additional focus and attention This amendment would shift the in state court because of its failure to to the most needy students in the power away from local communities provide a comparable educational op- State. That is completely consistent and local school boards to Washington. portunity across districts. A State Su- with what the President has stated. We want to, instead, empower local preme Court orders improvement. I am rather surprised, frankly, by the communities to make the right deci- Some improvement is made. But then reaction of our Republican friends be- sions and then, very importantly, hold progress quickly erodes. And the par- cause this has been on a list of amend- them accountable for results. We want ents of poor children have to go back ments to be considered for 3 weeks. to change the focus from paperwork to court. Since 1968, there have been This is the first amendment about and process and regulation and, in- five iterations of the Serrano case in which I have heard our Republican stead, focus on what really matters, California, six of the Abbott case in friends indicate we will not get a vote and that is ensuring that every child in New Jersey, and five of the Edgewood on it. I do not know what kind of signal America gets the very best education case in Texas. that sends. It has been on the list for 3 possible. This amendment is significant in not weeks, and 5 minutes ago I heard for We want to do that by holding just requiring states to provide a com- the first time the spokesperson for the schools and States accountable, not by parable opportunity, but in actually Republican Party say we are not going telling them what courses they need to reaching into the state’s federal pock- to vote on it.

VerDate 11-MAY-2000 01:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.019 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5915 I do not know what kind of message ment to the desk and ask for its con- mandate how States should provide that sends in our attempt to try to sideration. equal educational opportunity, but move this legislation, but it certainly The PRESIDING OFFICER. Is there rather to ensure that they do provide is not a useful one or a constructive objection? The amendment is so modi- it. Therefore, I have left the language one. fied. basically as it has been for 36 years I ask my friends on the other side to The amendment (No. 459), as further when dealing with school districts; reread the language of the amendment. modified, is as follows: that is, achieve comparability of edu- It says: On page 135, between lines 9 and 10, insert cational opportunities, except to apply A State shall be considered to have met the following: it to States, as well. the requirements . . . if such State has filed (d) Section 1120A (20 U.S.C. 6322) is amend- As I pointed out, we have school dis- ed by inserting the following after sub- with the Secretary a written assurance that tricts in this country that have student such State has established and implemented section (d): policies to ensure comparability among ‘‘(e) COMPARABILITY OF SERVICES.— populations in excess of the population schools . . . . ‘‘(1) IN GENERAL.—(A) A State that receives of 27 States, and they have been able to All they have to do is file the state- funds under this part shall provide services deal with comparability, without, to ment. This is not like the existing leg- in schools receiving funds under this part use the example that concerned my islation that requires the Secretary to that, taken as a whole, are at least com- friend from New Hampshire, infringing parable to services in schools that are not re- upon charter schools or magnet have approval on State tests. That is ceiving funds under this part. real power. Or that the Secretary has schools. ‘‘(B) A State shall meet the requirements The PRESIDING OFFICER. The Sen- to approve the State’s findings in of subparagraph (A) on a school-by-school terms of standards. That is real power. basis. ator’s time has expired. Or the fact the Secretary will make a ‘‘(2) WRITTEN ASSURANCE.—(A) A State Mr. DODD. Mr. President, I ask unan- judgment on a State’s application for shall be considered to have met the require- imous consent for 1 additional minute. Straight A’s authority. That is real ments of paragraph (1) if such State has filed Mr. GREGG. Mr. President, I ask power. Those are decisions that will be with the Secretary a written assurance that unanimous consent that the request be made here in Washington. such State has established and implemented modified to add 1 additional minute on But to confuse that kind of authority policies to ensure comparability among our side. and power with the language here is schools. The PRESIDING OFFICER. Without ‘‘(B) A State need not include unpredict- most unfortunate. Why are they so ex- able changes in student enrollment or per- objection, it is so ordered. cited about this? I can’t understand sonnel assignments that occur after the be- Mr. DODD. Mr. President, I appre- why they are so excited so early in the ginning of a school year in determining com- ciate the comments of my friend and morning about this language? All this parability of services under this subsection. colleague from Massachusetts on this amendment says is that States have to ‘‘(3) CONSTRUCTION.—Nothing in this sub- issue. He makes the point very clearly. file a written assurance. That’s it. section shall be construed to require a juris- This is not radical. We are asking for That’s compliance. diction to increase its property tax or other accountability and responsibility by I reiterate that we have had hearings tax rates. everybody when it comes to education. on this issue in the past. We had days ‘‘(4) EFFECTIVE DATE.—A State shall com- We are assuming it here at the Federal ply with the requirements of this subsection of hearings on school finance. The level with the underlying bill. We are record of those hearings is printed in by not later than the beginning of the 2005- 2006 school year. requiring it of young children in the Senate 103–254. This is not a new con- ‘‘(5) WAIVERS.— third grade and on, their parents, cept. This is not a new idea. We have ‘‘(A) IN GENERAL.—A State may request, teachers, schools, and school boards. I accepted the concept of comparability and the Secretary may grant, a waiver of the am only saying that States must be at the local levels. All this is doing is requirements of this subsection for a period part of this equation. That is all this saying what I think the President of up to 2 years for exceptional cir- is—to provide for comparable edu- wants to do; that is, he wants account- cumstances, such as a precipitous decrease cational opportunity at the State level in State revenues or other circumstances ability statewide. as we have required for 36 years at a We want accountability for the chil- that the Secretary deems exceptional that district level. We leave to the Sec- dren so they are going to work hard prevent a State from complying with the re- retary the discretion about how much and study hard. We want account- quirements of this paragraph. ‘‘(B) CONTENTS OF WAIVER REQUEST.—A to withhold administrative funds—not ability for the teachers to make sure State that requests a waiver under subpara- funds to children—if necessary. For we are going to have teachers who are graph (A) shall include in the request— States to provide assurances that they going to get professional development. ‘‘(i) a description of the exceptional cir- We want accountability for States in are moving to achieve comparability is cumstances that prevent the State from not radical. That is common sense. We developing standards, and account- complying with the requirements of this sub- ability that the States are going to de- section; and are asking to test everybody in Amer- velop tests that are going to be high- ‘‘(ii) a plan that details the manner in ica. We ought to ask the States to take quality tests. which the State will comply with such re- a little test as well. We have accountability here in the quirements by the end of the waiver period. I thank my colleagues. Congress to try to afford the resources ‘‘(6) TECHNICAL ASSISTANCE.—The Secretary I ask for the yeas and nays on this to be able to help these children. shall, upon the request of a State and regard- amendment. All the Senator from Connecticut is less of whether the State has requested a The PRESIDING OFFICER. Is there a waiver under paragraph (5), provide technical saying is let’s have accountability. sufficient second? assistance to the State concerning compli- There is not a sufficient second. Let’s have accountability for the ance with the requirements of this sub- States as well to be a part of a team. section. Mr. GREGG. Mr. President, I suggest Most parents would want their children ‘‘(7) SANCTIONS.—If a State fails to comply the absence of a quorum. to learn. Learning should be a partner- with the requirements of this subsection, the The PRESIDING OFFICER. The ship with the local, State, and the Fed- Secretary shall withhold funds for State ad- clerk will call the roll. eral response in areas of the neediest ministration until such time as the Sec- The senior assistant bill clerk pro- children in this country. retary determines that the State is in com- ceeded to call the roll. I think this enhances the President’s pliance with this subsection.’’ Mr. GREGG. Mr. President, I ask initiative. This carries it to an addi- Mr. DODD. Mr. President, I discussed unanimous consent that the order for tional level. I hope he would be on the the amendment with my good friend the quorum call be rescinded. phone calling our friends and saying from New Hampshire. The way I have The PRESIDING OFFICER. Without let’s have a unanimous, favorable vote dealt with the modification is to take objection, it is so ordered. for this particular provision. out the section that speaks to the spe- Mr. DODD. Mr. President, I withdraw I yield the remaining time to the cific kinds of comparability issues such my request for the nays and yeas. Senator from Connecticut. as class size, teachers, and the like. My Mr. GREGG. Mr. President, let me AMENDMENT NO. 459, AS FURTHER MODIFIED intention was not to suggest we ought summarize the problem. I appreciate Mr. DODD. Mr. President, first of all, to have identical class size standards the fact that the Senator from Con- I send a modification of my amend- set by the Federal Government or to necticut has modified his amendment.

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.021 pfrm03 PsN: S07PT1 S5916 CONGRESSIONAL RECORD — SENATE June 7, 2001 I appreciate him doing that and taking modified) were agreed to en bloc as fol- these outlying areas on the basis of their rel- out some of the language that is most lows: ative need, as determined by the Secretary in accordance with the purposes of this sub- onerous in the amendment. But the AMENDMENT NO. 356 part; and amendment still accomplishes essen- (Purpose: To promote financial education) ‘‘(B) reserve 1⁄2 of 1 percent for allotments tially the same thing, which is creating On page 619, line 6, strike ‘‘and’’. for the Secretary of the Interior for pro- a Federal standard requiring every On page 619, line 7, strike the period and grams under this subpart in schools operated State to set up comparability stand- insert ‘‘; and’’. or funded by the Bureau of Indian Affairs. ards. There are a lot of States in this On page 619, between lines 7 and 8, insert On page 272, line 10, strike ‘‘and the Repub- country and a lot of communities in the following: lic of Palau’’ and insert ‘‘Republic of Palau, this country which do not agree that ‘‘(O) activities to promote consumer, eco- and Bureau of Indian Affairs for purposes of comparability is appropriate; that be- nomic, and personal finance education, such serving schools funded by the Bureau’’. as disseminating and encouraging the use of On page 776, line 10, insert before the semi- lieve the States should have flexibility the best practices for teaching the basic colon the following: ‘‘or, in the case of a Bu- from community to community to de- principles of economics and promoting the reau of Indian Affairs funded school, by the cide how they operate their school sys- concept of achieving financial literacy Secretary of the Interior’’ tem. Local control is the essence of through the teaching of personal financial On page 807, strike lines 1 through 18. education. If a State decides it wants management skills (including the basic prin- On page 808, strike lines 15 and 16. comparability, or its supreme court de- ciples involved in earning, spending, saving, cides that, or the State legislature de- and investing). AMENDMENT NO. 434 TO AMENDMENT NO. 358 cides that, fine. That is certainly their (Purpose: To revise the definition of parental AMENDMENT NO. 401 responsibility and their right. They op- involvement) erate school systems. They pay for 97 (Purpose: To assist parents in becoming ac- On page 12, strike lines 23 through 24. tive participants in the education of their On page 13 strike lines 1 through 2, and in- percent of the school systems, and they children) should be able to do that. They do that. sert the following: On page 479, strike line 8 and insert the fol- ‘‘(23) PARENTAL INVOLVEMENT.—The term The Supreme Court did that in the area lowing: ‘parental involvement’ means the participa- of funding. But it is not the role of the for limited English proficient students, and tion of parents in regular, two-way, and Federal Government to come in after to assist parents to become active partici- meaningful communication, including paying 6 percent of the cost of the pants in the education of their children. ensuring— school system and say to States that ‘‘(A) that parenting skills are promoted every State has to have comparability AMENDMENT NO. 513, AS MODIFIED and supported: within their State. It is a huge intru- (Purpose: To expand the permissible uses of ‘‘(B) that parents play an integral role in funds) assisting student learning; sion of the Federal role in the role of ‘‘(C) that parents are welcome in the On page 318, strike lines 22 through 25, and education. schools; insert the following: For that reason, it goes, as I men- ‘‘(D) that parents are included in decision- ‘‘(5) Developing and implementing effective tioned earlier, directly in the opposite making and advisory committees; and mechanisms to assist local education agen- direction from what the theme of this ‘‘(E) the carrying out of other activities cies and schools in effectively recruiting and described in section 1118. bill is. I am not going to reiterate that retaining highly qualified teachers and prin- because I just said it 10 or 15 minutes cipals, and in cases in which a State deems AMENDMENT NO. 643, AS MODIFIED ago. But that is the problem of the appropriate, pupil services personnel. amendment. It is incredibly intrusive, On page 319, between lines 19 and 20, insert (Purpose: To provide rural schools with and it goes in the direct opposite direc- the following: options during the reconstitution process) tion from where this bill is going. ‘‘(12) Providing professional development On page 99, between line 22 and 23, Title I, That is why we on our side strongly for teachers and pupil services personnel. Sec. 1116 (8)(B), is amended by inserting: oppose it and believe it is inconsistent On page 326, strike lines 9 through 11 and (1) SPECIAL RULE.—Rural local educational insert the following: agencies, as described in Sec. 5231(b) may with the agreement that was reached. ‘‘(3) Providing teachers, principals, and, in apply to the Secretary for a waiver of the re- We need to think about it a little bit cases in which a local education agency quirements under this sub-paragraph pro- longer before we decide how we are deems appropriate, pupil services personnel vided that they submit to the Secretary an going to dispose of it. with opportunities for professional develop- alternative plan for making significant I appreciate the Senator from Con- ment through institutions of higher edu- changes to improve student performance in necticut withdrawing his request for cation. the school, such as an academically-focused the yeas and nays. Maybe as we move On page 327, between lines 10 and 11, insert after school programs for all students, down the road, we can figure out a way the following: changing school administration or imple- ‘‘(7) Developing and implementing mecha- menting a research-based, proven-effective, to more appropriately handle this nisms to assist schools in effectively recruit- whole-school reform program. The Secretary amendment. ing and retaining highly qualified teachers shall approve or reject an application for a I yield the remainder of our time on and principals, and, in cases in which a local waiver submitted under this rule within 30 this amendment. education agency deems appropriate, pupil days of the submission of information re- AMENDMENT NOS. 356, 401, 434, 513 AS MODIFIED, services personnel. quired by the Secretary to apply for the 642, 643 AS MODIFIED, 363 AS MODIFIED, 638 AS On page 370, strike lines 12 through 18, and waiver. If the Secretary fails to make a de- MODIFIED, 354 AS MODIFIED, 418 AS MODIFIED, insert the following: termination with respect to the waiver appli- AND 633 AS MODIFIED EN BLOC, TO AMENDMENT ‘‘(3) acquiring connectivity linkages, re- cation within 30 days, the application shall NO. 358 sources, and services, including the acquisi- be treated as having been accepted by the Mr. KENNEDY. Mr. President, we are tion of hardware and software, for use by Secretary. teachers, students, academic counselors, and now going to go to the Nelson- school library media personnel in the class- AMENDMENT NO. 363, AS MODIFIED Carnahan amendment. But today I am room, in academic and college counseling happy to report that we have another (Purpose: To enable local educational agen- centers, or in school library media centers, cies to extend the amount of educational package of cleared amendments. There- in order to improve student academic time spent in schools, including enabling fore, I ask unanimous consent that it achievement and student performance;’’. the agencies to extend the length of the be in order for these amendments to be school year to 210 days) AMENDMENT NO. 642 considered en bloc, and any modifica- On page 67, line 18, strike ‘‘and’’. tion, where applicable, be agreed to, (Purpose: To provide for Indian education) On page 67, line 21, strike all after ‘‘1118’’ the amendments be agreed to, en bloc, On page 178, between lines 19 and 20, insert and insert ‘‘; and’’. and the motions to reconsider be laid the following: On page 67, between lines 21 and 22, insert upon the table, en bloc. ‘‘(4) RESERVATION FROM APPROPRIATIONS.— the following: The PRESIDING OFFICER. Without From the amounts appropriated under sec- ‘‘(11) where appropriate, a description of objection, it is so ordered. tion 1002(b)(2) to carry out this subpart for a how the local educational agency will use fiscal year, the Secretary shall— funds under this part to support school year The amendments (Nos. 356, 401, 434, ‘‘(A) reserve 1⁄2 of 1 percent for allotments extension programs under section 1120C for 513 as modified, 642, 643 as modified, 363 for the Virgin Islands, Guam, American low-performing schools.’’; as modified, 638 as modified, 354 as Samoa and the Commonwealth of the North- On page 161, between lines 9 and 10, insert modified, 418 as modified, and 633 as ern Mariana Islands, to be distributed among the following:

VerDate 11-MAY-2000 02:09 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.025 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5917 SEC. 120D. SCHOOL YEAR EXTENSION ACTIVI- AMENDMENT NO. 638, AS MODIFIED We are continuing to process these TIES. (Purpose: To provide for an annual report to amendments. I am thankful and grate- Subpart 1 of part A of title I (20 U.S.C. 6311 Congress) ful to our friends and colleagues on the et seq.) is amended by adding at the end the On page 69, between lines 9 and 10, insert following: other side for their help and their good the following: work in making all of this possible. ‘‘SEC. 1120C. SCHOOL YEAR EXTENSION ACTIVI- ‘‘(6) REPORT TO CONGRESS.—The Secretary I yield the floor. TIES. shall report annually to Congress— AMENDMENT NO. 385 TO AMENDMENT NO. 358 ‘‘(b) USE OF FUNDS.— ‘‘(A) beginning with school year 2001–2002, ‘‘(1) IN GENERAL.—A local educational information on the State’s progress in devel- The PRESIDING OFFICER. Under agency may use funds received under this oping and implementing the assessments de- the previous order, the Senate will now part to— scribed in subsection (b)(3); proceed to the consideration of amend- ‘‘(A) to extend the length of the school ‘‘(B) beginning not later than school year ment No. 385, on which there will be 60 year to 210 days; 2004–2005, information on the achievement of minutes of debate to be equally divided ‘‘(C) conduct outreach to and consult with students on the assessments described in and controlled. community members, including parents, stu- subsection (b)(3), including the disaggregated The clerk will report. dents, and other stakeholders to develop a results for the categories of students de- The senior assistant bill clerk read as plan to extend learning time within or be- scribed in subsection (b)(2)(B)(v)(II); and follows: yond the school day or year; and ‘‘(D) in any year before the States begin to ‘‘(D) research, develop, and implement provide the information described in para- The Senator from Missouri [Mrs. strategies, including changes in curriculum graph (B) to the Secretary, information on CARNAHAN], for herself and Mr. NELSON of and instruction. the results of student assessments (including Nebraska, proposes an amendment numbered ‘‘(c) APPLICATION.—A local educational disaggregated results) required under this 385. agency desiring to use funds under this sec- section. Mrs. CARNAHAN. Mr. President, I tion shall submit an application to the State ask unanimous consent that reading of educational agency at such time, in such AMENDMENT NO. 354 AS MODIFIED the amendment be dispensed with. manner, and accompanied by such informa- (Purpose: To establish a study on finance The PRESIDING OFFICER. Without tion as the agency may require. Each appli- disparities and the effects of equalization objection, it is so ordered. cation shall describe— on student performance) The amendment is as follows: ‘‘(1) the activities to be carried out under On page 173, between lines 4 and 5, insert AMENDMENT NO. 385 this section; the following: ‘‘(2) any study or other information-gath- (Purpose: To limit the application of assess- (f) STUDY, EVALUATION AND REPORT OF ering project for which funds will be used; ment requirements based on the costs to SCHOOL FINANCE EQUALIZATION.—The Sec- the State in administering such assess- ‘‘(3) the strategies and methods the appli- retary shall conduct a study to evaluate and ments) cant will use to enrich and extend learning report to the Congress on the degree of dis- time for all students and to maximize high parity in expenditures per pupil among LEAs On page 51, between lines 15 and 16, insert quality instruction in the core academic within and across each of the fifty states and the following: areas during the school day, such as block the District of Columbia. The Secretary ‘‘(4) ASSESSMENTS NOT REQUIRED.— scheduling, team teaching, longer school shall also analyze the trends in State school ‘‘(A) IN GENERAL.—A State shall not be re- days or years, and extending learning time finance legislation and judicial action re- quired to conduct any assessments under through new distance-learning technologies; quiring that states equalize resources. The paragraph (3) in any school year if— ‘‘(4) the strategies and methods the appli- Secretary shall evaluate and report to the ‘‘(i) the assessments are not otherwise re- cant will use, including changes in cur- Congress whether or not it can be deter- quired under Federal law on the day pre- riculum and instruction, to challenge and mined if these actions have resulted in an ceding the date of enactment of the Better engage students and to maximize the produc- improvement in student performance. Education for Students and Teachers Act; tiveness of common core learning time, as In preparing this report, the Secretary and well as the total time students spend in may also consider the following: various ‘‘(ii) the amount made available to the school and in school-related enrichment ac- measures of determining disparity; the rela- State under section 6403(a) for use in the tivities; tionship between education expenditures and school year involved for such assessments is ‘‘(5) the strategies and methods the appli- student performance; the effect of Federal less than 100 percent of the costs to the State cant intends to employ to provide continuing education assistance programs on the equali- of administering such assessments in the financial support for the implementation of zation of school finance resources; and the previous school year, or if such assessments any extended school day or school year; effects of school finance equalization on were not administered in the previous school ‘‘(6) with respect to any application to local and state tax burdens. year (in accordance with this subparagraph), carry out activities described in subsection Such report shall be submitted to the Con- in the most recent school year in which such (b)(1)(A), a description of any feasibility or gress not later than one year after the date assessments were administered. other studies demonstrating the sustain- of enactment of the Better Education for ‘‘(B) DETERMINATION OF TOTAL COSTS.—For ability of a longer school year; Students and Teachers Act. purposes of making the determination re- ‘‘(7) the extent of involvement of teachers quired under subparagraph (A)(ii), the Sec- and other school personnel in investigating, AMENDMENT NO. 418 AS MODIFIED retary shall, not later than March 15 of each designing, implementing and sustaining the (Purpose: Protection of Pupil Rights) year, publish in the Federal Register a de- activities assisted under this section; scription of the total costs of developing and ‘‘(8) the process to be used for involving On page 64, between lines 2 and 3, insert implementing the assessments required parents and other stakeholders in the devel- the following: under the amendments made by the Better opment and implementation of the activities ‘‘(F) PROTECTION OF PUPIL RIGHTS.—In Education for Students and Teachers Act for assistance under this section; meeting the requirements of this section, the school year involved based on informa- ‘‘(9) any cooperation or collaboration States, local educational agencies, and tion submitted by the States, as required by among public housing authorities, libraries, schools shall comply with the provisions of the Secretary. Such total costs may include businesses, museums, community-based or- Section 445 of the General Education Provi- costs related to field testing, administration ganizations, and other community groups sions Act.’’ (including the printing of testing materials and organizations to extend engaging, high- and reporting processes), and staff time. The AMENDMENT NO. 633 AS MODIFIED quality, standards-based learning time out- Secretary shall include in any such publica- side of the school day or year, at the school (Purpose: To ensure that grant funds are tion a justification with respect to any cat- or at some other site; available for use to enhance educators’ egory of costs submitted by a State that is ‘‘(10) the training and professional develop- knowledge in the use of computer related excluded by the Secretary from the esti- ment activities that will be offered to teach- technology to enhance student learning) mated total cost. ers and others involved in the activities as- On page 328, line 21, insert before the semi- ‘‘(C) 2005–2006 SCHOOL YEAR.—Not later than sisted under this section; colon the following: ‘‘, including the use of March 15, 2005, the Secretary shall make the ‘‘(11) the goals and objectives of the activi- computer related technology to enhance stu- publication required under subparagraph (B) ties assisted under this section, including a dent learning’’. with respect to the 2005–2006 school year. description of how such activities will assist Mr. KENNEDY. Mr. President, for ‘‘(D) REPORT.—The Secretary annually re- all students to reach State standards; the information of the Senate, these port the information published under sub- ‘‘(12) the methods by which the applicant amendments are as follows: Corzine No. paragraph (B) to the Committee on Health, will assess progress in meeting such goals Education, Labor, and Pensions and the and objectives; and 356; Reed, 401; Reed, 434; Voinovich, 513; Committee on Appropriations of the Senate ‘‘(13) how the applicant will use funds pro- Enzi, 642; Enzi/Collings/Murray, 643; and the Committee on Education and the vided under this section in coordination with Torricelli, 363; Nelson of Florida, 638; Workforce and Committee on Appropriations funds provided under other Federal laws.’’ Hatch, 354; Hatch, 418; and Levin, 633. of the House of Representatives.

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.005 pfrm03 PsN: S07PT1 S5918 CONGRESSIONAL RECORD — SENATE June 7, 2001 On page 59, line 21, after the period add the The ESEA legislation that we are The Jeffords amendment provides following: ‘‘No funds shall be withheld under now debating, however, would provide that States must conduct the new tests this subsection for any school year in which for the entire Nation $400 million per so long as the Federal Government pro- the Secretary determines that a State has year for developing and implementing vides $400 million for design and imple- received, under section 6403(a), less than 100 percent of the costs to the State of designing the new tests. But the truth is that we mentation costs. The problem is, what standards and developing and administering don’t know exactly how much the new happens if the cost is twice that assessments for measuring and monitoring tests will cost. amount, or ten times that amount, as adequate yearly progress under this section. The National Association of State some groups are estimating? Who will The Secretary shall determine the reason- Boards of Education has estimated the pick up the additional costs? able costs of designing, developing, and ad- total national costs to be between $2.7 The answer is that our local schools, ministering standards and assessments based billion and $7 billion over 7 years. supported by local tax dollars, will on information submitted by the States, as The reality is that when it comes to have to pick up the tab for the feder- required by the Secretary, except that the the cost of these new tests, we are Secretary shall provide a written expla- ally mandated tests. We think that is looking at a huge question mark. And the wrong policy. nation of any category of costs that excluded we face the possibility that there could from the Secretary’s calculations.’’. Some have argued that this is an be a tremendous gap between funding On page 778, after line 21, add the fol- ‘‘antitesting’’ amendment because it available for these new tests and fund- lowing: links a State’s obligation to conduct ‘‘(d) MISCELLANEOUS PROVISION.—Notwith- ing needed. This uncertainty places an the new tests with full Federal funding. standing subsection (a)(3), there is author- unfair burden on our local districts and ized to be appropriated to carry out sub- schools. The bill before the Senate already section (a)(1), such sums as may be necessary Last month, I joined my Senate col- links a State’s obligation to test to for fiscal year 2002 and for each of the 6 suc- leagues in supporting full funding for Federal funding. Our amendment mere- ceeding fiscal years.’’. the Individuals with Disabilities Edu- ly changes the amount of Federal fund- Mrs. CARNAHAN. Mr. President, we cation Act, or IDEA. ing required from the arbitrary figure must never let any of our children slip As did my colleagues, I heeded the of $400 million to 100 percent of the through the cracks of the education cry of local educators and parents who true cost of testing. system. That’s why a yardstick of per- told us that Congress had not fulfilled Our schools should not have to forego formance is needed. It’s why rigorous its promise to fund 420 percent of the purchase of textbooks, or increases accountability and increased testing IDEA. They told us that this failure in teachers’ salaries, or the renovation have become cornerstones of the edu- had drained local districts of already of classrooms so that they can put in cation debate. I strongly support test- scarce funds. They told us that these place the new tests. If the Federal Gov- ing to help us measure the progress of circumstances hurt the students in our ernment is going to impose this new re- our Nation’s students. schools. After years of delay, we raised quirement, the Federal Government Missouri is at the forefront of using our collective voice to recognize that should provide the resources to do it. testing to drive education reform. Congress cannot place unfunded man- In addition, our amendment covers Since 1993, Missouri educators have dates on our schools. science tests, which the current bill worked hard to shape a testing struc- Now, numerous letters have been does not. ture called the Missouri Assessment pouring into my office from super- And, our amendment requires the Program. intendents across Missouri, voicing Secretary of Education to calculate the These tests measure progress in concern about the cost of the new total costs of complying with the test- math, communication arts, science, tests. Let me share some of them with ing mandate so legislators know and social studies as well as a variety you. whether the Federal Government is of skills. Each of the four core subject One is from David Legaard, the su- meeting its obligation to our local areas is tested in three grade levels. In perintendent in Smithville, who wrote: schools. each of these grade levels, every child The Smithville R–II School District sup- The Governor of Missouri, Bob is tested. ports your efforts. Our school district cannot I commend Missouri educators on afford to pay for mandated federal testing Holden, has strongly endorsed the creating a superb testing instrument. programs. Eliminate Unfunded Mandates amend- Each child’s development is gauged Don Lawrence, the superintendent in ment. He comments: on an individual, case-by-case basis as Savannah, MO, wrote: I feel strongly that implementing new test- well as in relation to other students Rest assured the local school districts in ing requirements without the adequate funds across the Nation. the state of Missouri do not have access to in place would be a disservice to the children By contrast, under President Bush’s additional funds to pay for national school in Missouri and across the nation . . . If the testing. Federal Government is going to require new plan, States would be required to test testing measures, then the Federal Govern- every child annually in grades 3–8. We should not make the same mis- ment should pay 100 percent of all costs. In Missouri, this would require tre- take with testing as we did with IDEA. mendous cost. We simply cannot put our State and Governor Holden’s sentiment is In communication arts, for exam- local governments in the position of echoed in an endorsement letter from ple—which tests reading, as well as draining local resources to pay for new, the Democratic Governors’ Associa- writing ability, punctuation, spelling, unfunded Federal requirements. tion, which notes that the Carnahan- and thought organization—Missouri The amendment I am offering today Nelson amendment would help ‘‘fulfill currently tests kids in grades 3, 7, and with my colleague, Senator BEN NEL- [a] historic commitment to America’s 11. Under the new requirement, the SON, will ensure that our schools don’t children.’’ State would have to develop new tests bear an unfair burden. The idea behind Many Senators have extolled the vir- for grades 4, 5, 6, and 8. The Missouri this amendment is straightforward: if tues of testing during this debate. Department of Elementary and Sec- new tests are required by the Federal Many have spoken in favor of local ondary Education estimates that ini- Government, they should be paid for by control over education funds. If you tial development costs would be ap- the Federal Government. States would want to ensure that testing will take proximately $3.5 million and ongoing not be obligated to give the tests in place and that our local schools can development costs would be an addi- any year that the Federal Government spend their own dollars on their own tional $1.2 million per year. fails to provide 100 percent of the fund- priorities, then you should vote for the About another $5 million would be re- ing. Carnahan-Nelson amendment. quired to develop new math tests, and The Carnahan-Nelson amendment I am pleased that Senator BAUCUS a new science test would be even more builds on the Jeffords amendment, and Senator HOLLINGS support this expensive. These estimates do not even which passed by a 93–7 margin. I was amendment. I ask unanimous consent include the costs of implementing, pleased to support that amendment, that they be added as cosponsors. scoring, and analyzing these tests. In but in our view it did not provide suffi- There being no objection, the letters the end, the annual costs for Missouri cient protection to State governments were ordered to be printed in the may exceed $15 million per year. and local educators. RECORD, as follows:

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.008 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5919 OFFICE OF THE GOVERNOR, plementing tests if the federal government down a group of Nebraskans with good STATE OF MISSOURI, has not provided full funding. ideas because all my available revenue Jefferson City, MO, May 20, 2001. While we are pleased to support the was tied up complying with yet one DEAR MEMBERS OF THE SENATE: I write in Carnahan/Nelson amendment, we are hopeful more unfunded Federal mandate hand- strong support of the Carnahan-Nelson that any final version of legislation to reau- amendment to the Elementary and Sec- thorize the ESEA will apply a funding trig- ed down by Washington. ondary Education Act (ESEA). ger more broadly, specifically to include When the bill passed, I breathed a This amendment would ensure that the Title I. This is the main source of federal as- sigh of relief. In the Senate—also at federal government meets its commitment sistance for disadvantaged students and the that time under new leadership—the to states by fully funding the cost of the new federal government needs to back its efforts unfunded Federal mandates bill was ESEA testing requirements. If the federal to strengthen accountability with adequate designated as S. 1, signifying the pri- government did not meet this commitment, new investment. ority placed on the legislation. Coinci- states would be released from the obligation We would also prefer that final legislation dentally, S. 1 is the designation placed to implement the new requirements. The link federal funding accountability to con- amendment also would require the Secretary sequences imposed on states and local on the bill we are currently consid- of Education to commission and annual re- schools unable to meet proposed annual per- ering. Senators from both sides of the port on testing costs. formance measures, such as fiscal sanctions aisle at that time praised the unfunded I feel strongly that implementing new test- and school reorganization. Relieving states mandates bill. One Senator said: ing requirements without the adequate funds from the cost of implementing new tests The result of these mandates is that local in place would be a disservice to the children does not alter the mandated levels of im- governments are forced to abandon their own in Missouri and across the nation. Under provement in student performance. priorities, to offer fewer services to the pub- these circumstances, state and local govern- Democratic Governors urge Congress to lic, and to ultimately charge higher taxes ments would be forced to choose between im- fulfill the historic commitment to America’s and utility rates . . . The solution to the plementing the new testing requirements children that the BEST Act represents by problem of unfunded mandates is to require and cutting costs in other vital education fully funding authorized levels of IDEA, Congress to pay for any mandate it places on programs. We simply cannot place our Title I, and teacher quality, as well as for State and local governments. schools in the position of choosing between testing. We believe that the Carnahan-Nel- Another Senator said: hiring new teachers, purchasing new text- son amendment helps to ensure this, and we books, renovating schools and implementing urge that the Senate adopt the amendment. This legislation will increase account- the new tests. If the federal government is Sincerely, ability. going to require new testing measures, then Gov. TOM VILSACK, There has been a lot of talk about ac- the federal government should pay 100% of State of Iowa, countability during the current debate all additional costs. DGA Vice-Chair of Policy. This point is especially germane in states on this bill. We are asking teachers, that have already implemented strong test- Mrs. CARNAHAN. I am happy to parents, and schools for accountability. ing programs. I am proud to note that Mis- yield the floor for the Senator from Ne- We are going to hold States account- souri has already made great strides in rela- braska to make further comments. able for the money the Federal Govern- tion to testing and accountability. The Mis- The PRESIDING OFFICER. The Sen- ment will be spending. But where is the souri Assessment Program, which assesses ator from Nebraska. accountability from Congress and the students in six subject areas, is the result of Mr. NELSON of Nebraska. Mr. Presi- White House for the dollars that States painstaking efforts on the part of Missouri dent, I rise today to ask the Senate’s educators. I believe that this testing pro- are going to have to spend for the test- gram makes Missouri a leader in the nation support for the Carnahan-Nelson ing requirements of this bill? in terms of effective testing. amendment. As my colleague has stat- I commend Senator JEFFORDS for his Thank you for your attention to this crit- ed, it is a simple, straightforward efforts to provide at least partial fund- ical matter, and I encourage you to vote in measure that would require the Fed- ing for the testing that this bill will re- favor of the Carnahan-Nelson amendment. I eral Government to pay 100 percent of quire, but I do not believe it will be look forward to working hand-in-hand with the costs of all new federally mandated enough. Congress and the Administration to ensure tests that would be required by the This bill will require the States to that our state testing systems are as effec- tive as possible and that we do our utmost to pending bill. administer 12 different tests for stu- support the education of our nation’s chil- In any year that the Government dents in grades 3 through 8. It will also dren. fails to provide funding to the States, require each State to participate in the Sincerely, the States simply would not have to NAEP test annually in grades 4 and 8, BOB HOLDEN, administer the tests, and the States which accounts for 4 more tests. That Governor. could not be sanctioned for falling be- is a total of 16 tests per year. As we can hind schedule in developing their sys- see from this chart, not all States cur- DEMOCRATIC GOVERNOR’S ASSOCIATION, tems of assessment. rently administer tests with that kind Washingotn, DC, May 22, 2001. Hon. JEAN CARNAHAN, Six years ago, Congress passed, and of frequency. Fewer than a third of the U.S. Senate, the President signed, the Unfunded States administer reading and math Washingotn, DC. Mandates Reform Act. The bill passed tests at all six grade levels each year. DEAR SENATOR CARNAHAN: On behalf of the the Senate by a vote of 98–1. This was Another four States conduct reading nation’s Democratic Governors, I am writing cause for celebration among the Na- and math tests at five of those grade in support of the amendment being offered tion’s Governors. We had been urging levels, three States at four levels, and by Senators Carnahan and Nelson to S. 1, the Congress for a long time to enact this nine States at three levels. The re- Better Education for Students and Teachers Act (BEST). This amendment would ensure kind of legislation. I took a great deal maining 19 States test students annu- that the federal government meets its com- of personal satisfaction when the law ally in reading and math at two or mitment to states by fully funding the cost was signed because as the Governor of fewer grade levels. If we don’t count of the new Elementary and Secondary Edu- Nebraska, I had invested years urging participation in NAEP, we are requir- cation Act (ESEA) testing requirements. its passage. ing States to develop and administer The amendment would replace the $400 As Governor, I testified before com- another 216 tests. If we add in NAEP, million cap authorized for FY 2002 for devel- mittees in both the House and the Sen- we are requiring the States to admin- oping and implementing tests, in the under- ate on the problems that were caused lying bill, instead requiring the federal gov- ister 316 tests per year. You get the ernment to pay 100% of all state testing by unfunded Federal mandates. idea of the magnitude of testing in- costs not currently required under federal I became interested in curbing un- volved in this bill. law. If the federal government does not meet funded Federal mandates the very first As the other Senator from Minnesota this commitment, states would be released year I sat down to work on my new explained several days ago, if the goal from the obligation to implement the new State budget. As the years went by, I of these tests is to improve education, testing requirements. The amendment would often wondered if I had actually been then you can’t give cut-rate tests. An also require the Secretary of Education to elected Governor of Nebraska or simply inexpensive, off-the-shelf test will not annually calculate the total costs of testing. In addition, the amendment would add a branch manager for the Federal Gov- be able to accurately tell us how well protection that would prohibit the federal ernment. I cannot count the number of or how poorly our students are doing. government from sanctioning a state for times that I had to cut my part of the Given the stakes involved, States are falling behind schedule in designing and im- budget, say no to a good project or turn not going to be able to administer their

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.012 pfrm03 PsN: S07PT1 S5920 CONGRESSIONAL RECORD — SENATE June 7, 2001 testing on the cheap. These tests are Nebraska won’t be able to meet these lic, and to ultimately charge higher taxes going to cost the States a great deal of critical needs because the extra money and utility rates . . . The solution to the money, and they should. simply isn’t there and won’t be there. problem of unfunded mandates is to require In Nebraska, early in my tenure as Congress to pay for any mandate it places on The only alternative in my State may State and local governments. Governor, we explored the costs of test- be to shift the cost to the taxpayers I do not think I could say it better, ing students in four core curriculum through higher property taxes. I am and I may not have said it better subjects. We received an estimate that here to tell my colleagues that isn’t ac- today. ranged from $305 million for a basic ceptable in Nebraska. Mr. President, I ask for the yeas and test, and up to $13 million for one that In talking with some of my col- nays. would meet the standards for a good leagues about this amendment, I have The PRESIDING OFFICER (Mr. NEL- assessment in a single test. That was heard some additional concerns that I SON of Florida). Is there a sufficient almost 10 years ago. will address. I would like to be clear second? Our own experts in Congress, the that neither I nor the Senator from There appears to be a sufficient sec- Congressional Research Service, have Missouri oppose testing or setting high ond. said that complete information on the standards for students. While I was The yeas and nays were ordered. costs associated with student testing is Governor, I severed as chairman of the The PRESIDING OFFICER. The Sen- impossible to obtain. The National National Education Goals Panel, which ator from Massachusetts. Governors’ Association estimated that is part of the Goals 2000 effort, which Mr. KENNEDY. Mr. President, I com- these testing requirements could cost called for setting high and measurable mend Senator CARNAHAN and Senator States at least $900 million. The Na- standards for students. I led in the NELSON for bringing this amendment to tional Association of State Boards of State, despite some determined opposi- the attention of the Senate. What we Education has estimated that they tion, for developing strong educational are focusing on, which is enormously could cost between, as my colleague standards in Nebraska. important, is the issue of testing and from Missouri said, $2.7 and $7 billion, Nor do we have any desire to weaken accountability. well above the $400 million provided for the accountability provisions of this Their amendment brings to focus in the bill. bill. Our amendment doesn’t do that. If whether we are going to give assistance The chart behind me shows the esti- our schools aren’t preparing every to the States and local communities to mated cost to each State. No one can child to succeed in the 21st century, develop good quality tests. We have for sure say how much this will cost then we are obligated to fix them. had a good debate on the issue of qual- the States, as the Senator from Maine I have no doubt that Nebraska’s ity of tests. The Senate has gone on acknowledged yesterday with her teachers, students, and schools can record in a bipartisan way to make amendment. I am willing to wager that compete with any of those in any State sure we are going to have good quality the roughly $400 million per year that in our Nation. This amendment would tests. The Senators rightfully raise the is in the bill, despite the best efforts of only prevent the Federal Government question of whether our testing re- quirements are affordable and how are the Senator from Vermont, simply will from sanctioning a State for falling be- we going to make sure the States are not be enough. hind schedule if it doesn’t receive full not going to be in the situation where I understand that the administration funding for the cost of testing. has also circulated some numbers that I have also been told that some Sen- they will be left holding the bag, so to speak. It is a very important policy show that the costs might be less than ators are worried about writing a blank issue. what is contained in the bill. If that is Federal check to the States. They are Having said that, I do think we have the case, I will be pleased. But if it concerned about a race to the top in made some progress on this issue. I isn’t the case, I hope the Senate will in terms of cost. know it is not sufficient for Senator fact adopt the amendment Senator As the bill is now written, the Senate CARNAHAN and Senator NELSON, but I CARNAHAN and I have proposed. doesn’t seem to be concerned about Our amendment simply requires the want to briefly review how we reached writing a blank check on each of the the figures that are included in the leg- Federal Government to pay 100 percent State’s bank accounts without their islation. We listened to the rec- of the cost of all new federally man- permission. I see the irony of that, and ommendation of the NASB, the Na- dated tests. If 100 percent of the cost is I hope others do, too. But to address tional Association of School Boards. less than what is currently in the bill, the concerns of my colleagues, we have They made the recommendation that then perhaps we can use the leftovers added provisions that require the Sec- the development of these tests were to hire and train more teachers, which retary of Education, as my colleague going to amount to anywhere from $25 many think might be a good answer to has pointed out, to provide a report to $125 a student. The legislation pro- the problem in any event. If 100 percent every year to both the authorizing and vides some $69 per student. NASB said of the cost is more than the $400 mil- appropriating committees that details that development costs could be any- lion in the bill, then we have a real di- the costs of testing. If States are some- where from $25 to $50. In this legisla- lemma. how gaming the system, we will know tion, we provide only $20 per student. As the bill now stands, States will be about it the first time it happens, and What have we done? We accepted the responsible for every additional penny then we can correct it if it is nec- Jeffords amendment that says, unless that these tests cost. As we have seen, essary. we are going to have the funding for potential costs can be very high. As I said at the beginning of my re- the testing program at NASB rec- In my State of Nebraska right now, marks, this is a simple, straight- ommended levels, we will not expect there is not a lot of extra money avail- forward amendment. It requires the the States to have to comply with that able. I am sure there is not a lot of Federal Government to pay the full program. That is currently included in money available in the State of Mis- cost of the tests mandated by the bill. the Jeffords amendment, and there was souri or the State of Florida, but there Unless we commit to do so, States will very broad support for the Jeffords is no shortage of critical needs in the have to sacrifice funding for their own amendment. education field in every State. We are identified priorities or be forced to Under the Wellstone amendment, we facing a teacher shortage in Nebraska once again shift the cost to taxpayers have also added additional resources of that is of crisis proportions. Forty per- in the form of higher property taxes. some $200 billion a year that will come cent of our teachers, more than 8,000 of I opened my remarks with a quote to $2.8 billion to make sure we are them, are going to be eligible to retire from a Senator who was describing the going to get quality. It is a legitimate in the next 10 years. Our State won’t be Unfunded Mandates Reform Act that question of whether we are going to get able to replace the excellent teachers this body passed 6 years ago. I think it the appropriations. who are retiring if too much of our might be worth repeating, as I come to The two Senators are making a very State’s money for education will be a close. The Senator said: important point that if we are going to used to give tests instead of raising The result of these mandates is that local do this right, we have to get the re- teacher’s pay and other educational governments are forced to abandon their own sources to do it right. There is no guar- priorities. priorities, to offer fewer services to the pub- antee we will get those additional

VerDate 11-MAY-2000 02:09 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.029 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5921 funds, but there is a sufficient guar- We want to get it right. We are going The first point, we should do nothing antee with the amendment of Senator in a different direction, and we are in the amendment process in the bill JEFFORDS that we will get the figures going into uncharted waters. We do not that will in any way say we are anti- which I referred to earlier. want to have the children bear the bur- achievement, anti-measurable stand- We have accepted the Collins amend- den of our mistakes. This is something ards, anti-accountable, anti-high ex- ment which requires a GAO report by we needed to address. I hope they feel pectation. I believe this amendment is May of 2002. That will provide an esti- we are addressing it. I know they pre- just that. The Carnahan-Nelson amend- mate of test development costs, as well fer to have the absolute guarantee. I ment potentially nullifies any new as administration costs, and we will respect that position, but I hope our testing requirements for a State. These still have 3 years before the require- colleagues will feel that in the legisla- testing requirements, the measurable ments for these tests are actually im- tion, as we have developed it, we have results have been arrived at through plemented to use that information if responded to their concern. the Committee on Health, Education, we are finding we are going to fall fur- The PRESIDING OFFICER. The Sen- Labor, and Pensions, through much de- ther behind. That is an additional pro- ator from Tennessee. bate and a bipartisan working group, tection. Mr. FRIST. Mr. President, I rise to debated regarding establishing impor- A final point I will make is in the de- speak in opposition to the underlying tance and how these would be carried velopment of this approach which puts amendment and to support and rein- out and what sort of standards would us squarely in the middle of the NASB force many of the comments the Sen- be met. By potentially stripping away recommendations at $69, when they ator from Massachusetts made on this those provisions we are tearing out the have estimated the range goes from $25 particular amendment. heart of this bill, tearing out the heart to $125—it is right in the middle—and I, too, applaud the authors for this of what President Bush feels so strong- it is at the low end of administrative amendment because it is clear that in ly about, that we leave no child behind. costs, there is a recognition that there our goal to leave no child behind, it is Remember, the amendment says, a has to be involvement of the State be- going to require more assessments, State shall not be required to conduct cause the evaluations are an important measurable standards. You have to ex- any assessments...if. That is enough for me to argue against this additional ingredient in the States in- amine to make the diagnosis, and to do amendment. terest in making sure the children that, and do it effectively, it is going learn and have productive results. Annual measurements are important. to require a series of assessments that In the underlying bill, we start in the Therefore, their recommendation un- can be compared year to year in a lon- derstands there is a considerable third grade. It is third through the gitudinal way to track. It can be used eighth grade, giving an opportunity to amount of State staffing and teachers’ to compare whether it is school to time which would normally be used make sure the money we invest in this school so we know what works and does bill is spent properly. Over the last sev- that the Federal Government does not not work, or State to State. Those necessarily require under the adminis- eral weeks we have invested huge, huge tests are going to require something. amounts of money through the author- tration’s proposal. The concern of both Senate sponsors I think we are addressing this issue. ization process, and we will see a lot of this amendment is that those re- I commend the Senators because it is more in appropriations. The President sources be available because they are an enormously important issue, to of the United States is committed to mandates, and they are new mandates. make sure we are going to get this spending more in education this year They are mandates that we in a bipar- right. The last thing we want to do is than any President in the past if it is tisan way agree with in assessment, ex- discourage a lot of children and find coupled with reform. Those account- pectation, and accountability of leav- out these tests are being used as pun- ability provisions cannot be gutted, ishment. There are instances currently ing no child behind. That being the cannot be torn out of this bill. There where they are being used as punish- case, and that being the goal, the ques- should be no ‘‘if.’’ ment, rather than detecting what the tions are twofold: No. 1, is there ade- Second, is the question of funding. children do not know and then using quate funding proposed? And that is Again, we should never put dollars in those tests to provide supplementary the essence of this bill; there is a fear front of children. The Senator from services and changes in the curriculum that there is not. No. 2, have we been Massachusetts mentioned the Jeffords to help advance the children in edu- able to improve the bill, through the amendment which passed on the second cation. amendment process in the underlying day the bill was brought to the floor. I am satisfied we have sufficient pro- bill, to such a degree that such funds He mentioned the Wellstone amend- tections for the development of these are available? We clearly believe so. ment. He mentioned the Collins tests. We have the stopgap protection The underlying amendment I speak amendment which looks at a GAO of the GAO report that will come in a in opposition to, says, ‘‘a State shall study to look at the specific issue of reasonable period of time, so if we are not be required to conduct any assess- testing what should be required in falling further behind, we will be able ments under paragraph 3 in any school terms of those tests and the evaluation to take action. year if’’—and the provisions are listed of those tests. In the Jeffords amend- I have in my hand the current annual after that. I will stop right there. ‘‘A ment and the Wellstone amendment, spending on tests per student by the 50 State shall not be required to conduct again, over $2.8 billion will be made States. Under this proposal, it is $69. any assessment under paragraph 3 . . . available for this testing. There is not a single State that is even if’’—and I will stop there. We have an amendment which ad- close to $20 today. There are some That brings to heart two arguments: dresses the fundamental concern, a le- States as low as $1.37. I will not read No. 1, is testing important, is meas- gitimate concern, that this is a serious the names of the States, but reading uring results important, is assessment mandate, so serious that, first and from the bottom of the page: $1.37, important? I believe very strongly they foremost, there should be no ‘‘if’’ after $2.93, $6.65, $17.16, $12, $14, $8.69, $2, $15, are important. the clause. $12, $9, $15, $7, $5, and the list goes on. In a bipartisan way, we worked ag- Second, the hypothetical that if Con- That reflects all 50 States. gressively to underscore that these as- gress does not end up with appropriate We are at least quadrupling, maybe sessments are important and there funding as required by what we passed as much as quintupling financial sup- should be no ‘‘if″ after it. in the way of reform in the bill itself— port for quality testing with the guar- No. 2, is the funding adequate itself? I share concern with my colleagues, in antee under the Jeffords’ amendment. It comes back to their provision that the bill as amended, the States may No matter how this vote comes out, I 100 percent of the cost of the assess- delay, already, implementation of the give assurance of our strong interest in ments must be guaranteed or you do tests, are not required to conduct any this. We will continue to work with my not do the assessments. That comes to assessments because assessments have two colleagues on this issue because it the question to which Senator KEN- to be in there, but delay implementa- is incredibly important and it reaches NEDY spoke. We believe the bill has tion of the tests until the appropriate the heart of this whole issue of ac- been improved and those funds are funding is available, and this is already countability. available. in the bill.

VerDate 11-MAY-2000 02:09 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.032 pfrm03 PsN: S07PT1 S5922 CONGRESSIONAL RECORD — SENATE June 7, 2001 Every State is addressing this issue nays have been ordered. The clerk will AMENDMENT NO. 487 TO AMENDMENT NO. 358 of funding and the requirement of hav- call the roll. The PRESIDING OFFICER. Under ing assessments in a different way. In The legislative clerk called the roll. the previous order, the Senator from my State of Tennessee, we already test Mr. NICKLES. I announce that the New Hampshire is recognized to call up students for math and reading in the Senator from Idaho (Mr. CRAPO) and amendment No. 487, on which there third grade, the fourth grade, the fifth the Senator from Utah (Mr. HATCH) are shall be 40 minutes of debate to be grade, the sixth grade, the seventh necessarily absent. equally divided and controlled. grade, and the eighth grade. At least I further announce that if present The Senator from New Hampshire. $50 million will be coming to Tennessee and voting, the Senator from Utah (Mr. Mr. SMITH of New Hampshire. for these assessments. Tennessee will HATCH) would vote ‘‘nay.’’ Madam President, I call up amendment have the flexibility today to use that The PRESIDING OFFICER. Are there No. 487. The PRESIDING OFFICER. The $50 million. It could be more than that, any other Senators in the Chamber de- siring to vote? clerk will report. but we can improve the test and make The legislative clerk read as follows: it longitudinal to compare a student The result was announced—yeas 43, nays 55, as follows: The Senator from New Hampshire [Mr. and see how they progress over time. SMITH] proposes an amendment numbered That flexibility is there. [Rollcall Vote No. 174 Leg.] 487. Last, and I will close, I think we all YEAS—43 Mr. SMITH of New Hampshire. I ask agree on the importance of measurable Allard Dayton Miller unanimous consent reading of the results and the assessments so we will Allen Dodd Murray Baucus Durbin Nelson (NE) amendment be dispensed with. know how our children are doing. This Bayh Edwards Reed The PRESIDING OFFICER. Without amendment is unnecessary to my Biden Feingold Reid objection, it is so ordered. mind. The $2.8 billion added in the Boxer Graham Rockefeller The amendment is as follows: amendment process already addresses Breaux Harkin Sarbanes Cantwell Hollings Schumer (Purpose: Expressing the sense of the Senate this issue. Carnahan Kerry Stabenow to urge that no less than 95 percent of Fed- Every State has the opportunity in Carper Kohl Torricelli eral education dollars be spent in the class- the amendment to opt out of stand- Cleland Leahy Voinovich room) ards, measurable results, achievement, Clinton Levin Wellstone At the appropriate place, insert the fol- Conrad Lincoln Wyden lowing: the high expectations that are the Corzine McCain ll heart and soul of the bill. Daschle Mikulski SEC. . SENSE OF SENATE ON THE PERCENT- AGE OF FEDERAL EDUCATION FUND- I urge my colleagues to vote against NAYS—55 ING THAT IS SPENT IN THE CLASS- ROOM. this amendment when it comes to the Akaka Fitzgerald McConnell floor. Bennett Frist Murkowski (a) FINDINGS.—The Senate makes the fol- Mr. GREGG. I yield myself such time Bingaman Gramm Nelson (FL) lowing findings: as I may consume. Bond Grassley Nickles (1) Effective and meaningful teaching be- I associate myself with the Senator Brownback Gregg Roberts gins by helping children master basic aca- Bunning Hagel Santorum demics, holding children to high academic from Tennessee. It was an excellent Burns Helms Sessions standards, using sound research based meth- statement summarizing the views I Byrd Hutchinson Shelby ods of instruction in the classroom, engaging also hold. I associate myself with the Campbell Hutchison Smith (NH) and involving parents, establishing and Chafee Inhofe Smith (OR) statement of Senator KENNEDY. Cochran Inouye Snowe maintaining safe and orderly classrooms, We are ready to yield back our time Collins Jeffords Specter and getting funds to the classroom. and go to a vote if the other side is pre- Craig Johnson Stevens (2) America’s children deserve an edu- pared. We yield back our time. DeWine Kennedy Thomas cational system that provides them with nu- Domenici Kyl Thompson merous opportunities to excel. The PRESIDING OFFICER. The Sen- Dorgan Landrieu Thurmond (3) States and localities spend a significant ator from Missouri. Ensign Lieberman Warner amount of education tax dollars on bureau- Mrs. CARNAHAN. Mr. President, I Enzi Lott cratic red tape by applying for and admin- Feinstein Lugar suggest to the Senator from Tennessee istering Federal education dollars. that he has already announced this NOT VOTING—2 (4) Several States have reported that al- was, in fact, a mandate. It is an inad- Crapo Hatch though they receive less than 10 percent of their education funding from the Federal equately funded mandate at that. I re- The amendment (No. 385) was re- iterate, what we have in cost is a best Government, more than 50 percent of their jected. education paperwork and administration ef- guess estimate. There is no certainty. Mr. KENNEDY. I move to reconsider forts are associated with those Federal The current bill provides protection the vote. funds. only if $400 million is all that is need- Mr. BREAUX. I move to lay that mo- (5) According to the Department of Edu- ed. Beyond that, we have no guarantee. tion on the table. cation, in 1998, 84 percent of the funds allo- We have no guarantee that the The motion to lay on the table was cated by the Department for elementary and Wellstone amendment or others will agreed to. secondary education were allocated to local educational agencies and used for instruc- have money appropriated. The PRESIDING OFFICER (Mrs. LIN- This amendment, I might also sug- tion and instructional support. COLN). The Senator from Massachu- (6) The remainder of the funds allocated by gest, is not an anti-testing amendment. setts. the Department of Education for elementary The only circumstances where States Mr. KENNEDY. We have an amend- and secondary education in 1998 was allo- will be released from the testing re- ment from the good Senator from New cated to States, universities, national pro- quirement is if the Federal Govern- Hampshire, and then after we address grams, and other service providers. ment fails to provide full funding. Any- that amendment and dispose of it, the (7) The total spent by the Department of one who makes an anti-testing argu- Senator from Minnesota, Mr. Education for elementary and secondary education does not take into account what ment about this amendment is implic- WELLSTONE, has a very important States spend to receive Federal funds and itly saying that the Federal Govern- amendment where he intends to ad- comply with Federal requirements for ele- ment is not going to pay the full cost dress the Senate for a period of time. mentary and secondary education, nor does of the tests. If you say the Federal So we are making some progress now. it reflect the percentage of Federal funds al- Government is not going to pay the We have already included a number of located to school districts that is spent on full costs of the tests, I ask in return, amendments, about 15 amendments students in the classroom. what part of local budgets do you plan that were cleared earlier in the day. We (8) American students are not performing to cut to make up the difference? Are are continuing to make progress. We up to their full academic potential, despite you going to cut teachers’ salaries or are grateful for all the support we are significant Federal education initiatives and funding from a variety of Federal agencies. textbooks or other resources that are receiving from all of our Members. We (9) According to the Digest of Education stretched too thin? are going to continue to press ahead. Statistics, only 54 percent of $278,965,657,000 The PRESIDING OFFICER. All time I look forward to the consideration of spent on elementary and secondary edu- is expired. The question is on agreeing the amendment offered by the Senator cation during the 1995–96 school year was to amendment No. 385. The yeas and from New Hampshire. spent on ‘‘instruction’’.

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.034 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5923 (10) According to the National Center for The other side of the aisle has been I hate to bring it up, but it is impor- Education Statistics, only 52 percent of staff offering up amendment after amend- tant to understand that if you just con- employed in public elementary and sec- ment after amendment calling for tinue to throw good money after bad, ondary school systems in 1996 were teachers, more funding for numerous education you never correct the problem. There and, according to the General Accounting Of- fice, Federal education dollars funded 13,397 programs. Many of these amendments were 21 cases where grant checks were full-time equivalent positions in State edu- have been adopted over the past several issued twice to the same recipients, for cational agencies in fiscal year 1993. days and hours. But if we are going to a total cost to the taxpayers of Amer- (11) In fiscal year 1998, the paperwork and allocate more money for education, ica of $250 million. Auditors were able data reporting requirements of the Depart- then I think we need to make a state- to recover the money eventually, but ment of Education amounted to 40,000,000 so- ment, which I do in my amendment, how much time and how much cost was called ‘‘burden hours’’, which is equivalent that it is vital to ensure that the involved in recovering the $250 million? to nearly 20,000 people working 40 hours a money be spent in the classroom for That is the point. It should not have week for one full year, time and energy the children. That is the appropriate which would be better spent teaching chil- happened. We are careless. dren in the classroom. way to spend those dollars. We can eliminate a lot of these kinds (12) Too large a percentage of Federal edu- After all, if the Federal Government of mistakes—and maybe some of it is cation funds is spent on bureaucracy, special is going to spend billions of dollars on deliberate; I don’t know—by simply interests, and ineffective programs, and too education, then those dollars should go stipulating that it is the sense of the little is effectively and efficiently spent on not to some bureaucracy, not to estab- Congress and the Senate that 95 cents our America’s youth. lish some mechanism to send those dol- on every dollar go to the classroom, so (13) Requiring an allocation of 95 percent of lars into the local schools, but, rather, when these kinds of things happen, all Federal elementary and secondary edu- getting the money directly to the local these people know they are going to be cation funds to classrooms would provide schools. substantial additional funding per classroom held accountable, that we mean busi- I think we all know the cost of get- ness, that the Senate means business, across the United States. ting dollars into the State from the (14) More education funding should be put that 95 cents of every dollar is going to in the hands of someone in a classroom who Federal Government—what it costs go to the classroom, not for this kind knows the children personally and fre- you to send the money to the local of nonsense with the duplication of quently interacts with the children. community—is pretty high. In fact, in grant checks. (15) Burdensome regulations, requirements, New Hampshire it is about 47 cents on Some will say that was just a mis- and mandates should be refined, consolidated the dollar, which is not a good return. take; 21 mistakes is not a big deal. or removed so that school districts can de- As a former New Hampshire teacher vote more resources to educating children in Maybe it was a mistake, but it is a and school board chairman, I had the careless mistake. If the bureaucracy classrooms. opportunity to see this on both sides, (b) SENSE OF THE SENATE.—It is the sense knows it can be held accountable, they of the Senate to urge the Department of both as a board member and as a teach- will be a little more careful. What Education, the States, and local educational er—and also as a parent for 26-plus would happen if we hadn’t found the agencies to work together to ensure that not years. I am convinced that decisions mistakes? If we had not had an auditor regarding education are best executed less than 95 percent of all funds appropriated finding that mistake, it would have for carrying out elementary and secondary at the local level and that we should education programs administered by the De- cost the taxpayers $250 million. not run our public schools from Wash- I say to every American who is lis- partment be spent to improve the academic ington, DC. We do not need a national achievement of our children in their class- tening to me now, think of any school school board. district, yours in particular, wherever rooms. Some will say: With all these Federal you live in America, and think about Mr. SMITH of New Hampshire. dollars, how do you do it? We can pro- the classroom, perhaps the one where Madam President, I rise today to dis- vide Federal dollars, if we must, but your child is. Could you use a little bit cuss my amendment, which is a sense- let’s do it with as few strings as pos- of that $250 million in your classroom, of-the-Senate amendment, but it has a sible to allow the local boards and the if you are a teacher, or your child’s very important point to make. It local parents to make the decisions, states that not less than 95 percent of the local communities. classroom, if you are a parent? I can all funds that are appropriated for car- Our public schools—and I say this as think of a lot of things I could have rying out elementary and secondary a former public school teacher—hold so done with a few million dollars in my education, administered by the Depart- much promise. I want to make sure the classroom when I was teaching, wheth- ment of Education, be spent to improve Senate goes on record today that a er it was more textbooks, perhaps rais- the academic achievement of our chil- minimum of 95 cents of every edu- ing teachers’ pay. It is better than dren in the classroom; in other words, cation dollar should go directly to throwing it away in mistakes made by 95 percent of the money in this bill those classrooms. a bureaucracy that has run roughshod should go to the classroom for our chil- We need to give 95 cents of every dol- over the whole educational system. dren, which is where it should go. lar. It is a shame we can’t give 100 per- Let me cite another example of waste As a former teacher, I think I would cent, a dollar for every dollar, to those at the Department of Education. Twen- understand perhaps as well as anyone teachers and students in New Hamp- ty-one employees were allowed to write in this body how important it is to get shire and not to some bureaucrat or checks of up to $10,000 without super- those funds directly into the classroom bureaucracy in Washington, DC. vision—no accountability—from May where the kids can benefit. We need to support education, not 1998 to September 2000; 19,000 checks I thank Representative SAM GRAVES regulation, if we are going to spend the totaling $23 million were written by of Missouri for offering a similar money. My amendment simply directs these people. Who is checking on that? amendment to the House education bill the Department of Education to join Who is making sure that those 21 em- over there which ensures that 95 per- our States and local school districts in ployees who wrote checks of up to cent of education money is spent lo- an all-out effort to direct 95 percent of $10,000 without supervision—who is cally. our Federal education dollars to the checking to find out whether that $23 Congressman GRAVES’ amendment place in which it belongs—the class- million was the right amount of was passed overwhelmingly in the room. I don’t think that is unreason- money? House. I believe the Senate should go able. We also have the example of 141 un- on record supporting local control of It is important to understand that approved purchases in the Department Federal education dollars as well. the Department of Education has not of Education totaling more than $1 It might sound like an anomaly— been entirely responsible with the bil- million— purchases that were made on local control of Federal education dol- lions of dollars in taxpayers’ money we Government credit cards for software, lars—but if the Federal education dol- have been giving to them over the cell phones, Internet, computers. Even lars are going to be sent to the State, years. Some of it has been spent re- though DOD guidelines—Department of then give the State the flexibility to sponsibly, but a lot of it has not. Let Defense guidelines—specifically say spend them. Let the local people make me give a few examples of some of the these things are not to be purchased on the decisions wherever possible. waste at the Department of Education. credit cards, you have $1 million worth

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.015 pfrm03 PsN: S07PT1 S5924 CONGRESSIONAL RECORD — SENATE June 7, 2001 of purchases, 141 purchases totaling $1 ment should not squander one cent of the purpose of the Federal Department million. it. Actually, too many of our tax dol- of Education if it is not going to give The point I make here is, the more lars are spent on bureaucracies at all money to local communities for ele- rein and flexibility you give to the bu- levels of government, not just the De- mentary and secondary education? reaucracy, the more dollars you throw partment of Education. That waste is How do we get it to the classroom? away; without a firm accountability, not going to end tomorrow. We must What actually makes it to the class- the more it is going to be wasted. If we pledge to do better. We must tell the room? What gets to the classroom? pass this amendment and we say the Department of Education to give the Let’s find out. Senate has now spoken and has said money to the localities. Let them According to the Heritage Founda- that 95 cents will go to the classroom, spend it as they see fit. Don’t spend it tion: when we hear about such things, people here in Washington, DC, with some bu- Audits around the country have found that will be a little bit concerned about it. reaucracy to funnel the money. as little as 26 percent of school district funds They will be more self-conscious. They Federal education dollars should not is being spent on classroom expenditures. will be more careful. It is going to be a be spent to expand some bloated bu- Classroom expenditures are defined win-win, a win for the kids in the class- reaucracy here in Washington. Lord as expenditures for teachers and mate- room and a win for the taxpayers. knows, we have enough bloated bu- rials for their students—26 percent. This year tax freedom day was May 3, reaucracies here. Those precious dol- If that is acceptable to my col- 2001, according to the tax foundation. lars should go right to the educational leagues, vote against my amendment. Tax freedom day is the average day opportunities of our kids. More edu- Please vote against it because I want that Americans start working for cation dollars should be spent directly to be honest; I want to be straight- themselves as opposed to the Govern- in the classroom, and we need to shift forward. If my colleagues think it is ment. President Bush’s tax cut pack- the focus of our education system back OK to take a dollar from the taxpayer age will certainly help in that regard, to the students. for education and 26 percent of that but as it stands now, from January 1, This is a great way to do it. It is a dollar goes to the kids and the rest 2001, to May 11, 2001, Americans work simple statement. It is a sense of the does not, if that is OK with them, then for their respective local and State Senate. It is not binding, but it is a please vote against my amendment. governments and the Federal Govern- sense of the Senate that says: We want But if my colleagues really believe we ment. That is, from January 1 to May you to do that. We expect you to do ought to get the money to the kids, 11, every dollar you earn went to one of that. If you don’t do it at the Depart- then vote for my amendment. those governments, local, State, or ment of Education, then we may just Do my colleagues want to increase Federal. You didn’t earn anything for have to come after you. We expect you the bureaucracy and have a lot of peo- yourself. You started earning money to save the money for the taxpayers ple sitting around making decisions for yourself on May 12. I want every American to know that and get the money to the students. they should not be making and wasting My amendment supports the propo- the money spent by the Federal Gov- money and having all these findings we sition that the best education is the ernment should not be wasted, includ- just discussed a few moments ago? education left to the local decision- ing the Department of Education. If we Then vote against my amendment. If makers and that the best way to be ac- put this restriction on, we are making they want to eliminate that and get countable to our taxpayers is to elimi- a very strong statement that we expect the money directly to the kids, then nate the bureaucracy and the high cost you to be accountable. We don’t want they should vote for it. to hear any more stories about 141 pur- of getting the money to the local com- My amendment makes several find- chases totaling more than $1 million in munity and getting it there quickly ings to support the conclusion that 95 unapproved credit card purchases or and cheaply. percent of all funds we are going to The Heritage Foundation issued a re- grant checks issued twice to the tune spend on the Elementary and Sec- port recently titled ‘‘U.S. Department of $250 million. We don’t want to hear ondary Education Act be spent to im- of Education Financing of Elementary about it. We are not going to tolerate prove the academic achievement of our and Secondary Education, Where the it. That is what we are saying if we children in their classrooms. support this amendment. Money Goes.’’ It is a very interesting My amendment, in finding 4, states If you don’t care, if you don’t want report. It found that as the United that: the bureaucracy to be accountable and States prepares to enter the 21st cen- Several States have reported that although you couldn’t care less whether we tury, its educational system is in cri- they receive less than 10 percent of their waste $250 million, even though tax- sis, the public education system. I education funding from the Federal Govern- payers work hard until May 11 just to agree with that. We talk about the cri- ment, more than 50 percent of their edu- pay their bills, then you should vote sis in energy and in other matters. cation paperwork and administration efforts are associated with those Federal funds. against my amendment. I encourage There is a very interesting finding in you to vote against my amendment if this report. I will just give a brief Fifty percent of the paperwork is as- that is what you believe. If you think quote from it: sociated with the Federal funds. We al- it is OK that taxpayers can work until The vast majority of all Federal education ways hear this talk about we are going May 11 and not get a dime for them- funds does not go to schools or school dis- to eliminate the bureaucracy, we are selves and you don’t care about waste, tricts. going to clear up the paperwork. It Think about that. fraud, or any other abuse in the bu- never happens. We are going to re- reaucracy, then vote against my The vast majority of all Federal education invent Government. funds does not go to schools or school dis- How many times have we heard all amendment. But if you care about tax- tricts. payers saving their hard-earned money these phrases? It is very simple. Just That seems to be a dichotomy if I and putting it to use for themselves accept this resolution that it is unac- ever heard one. Why wouldn’t it? and you care about getting money di- ceptable for anything less than 95 per- Where is it going? rectly to the classroom, to the kids, cent to go to the classroom and then then you should vote for my amend- In 1995, 33 percent of the total $100 billion enforce it. When my colleagues see all the federal government allocated for edu- ment. those bureaucracies popping up, let’s cation was spent by the Department of Edu- get rid of them and put the money into That is exactly the way the amend- cation . . . 40 percent of Department of Edu- ment should be evaluated. You are ei- cation funds went to local educational agen- the classrooms. ther for kids getting the money and cies, 13.1 percent of total federal education We need to make sure that education saving taxpayers money, or you are in spending. Contrary to what many Americans money is not wasted on paperwork and favor of wasting taxpayer money and believe, the Department of Education funds administrative personnel. There always do not care whether the kids get the very few elementary and secondary edu- has to be a commission or a board or a money in the classroom or not. It is cation programs in their local communities. bunch of people sitting around juggling pretty simple. That is an outrageous finding—they papers to determine this requirement The American people work very hard are funding very few elementary and or that requirement, how much money for that money. The Federal Govern- secondary education programs. What is goes here and who has to administer it,

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.039 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5925 and then another bureaucracy pops up However, it appears he wants to have a changes at the desk in order to con- to administer the previous bureauc- recorded vote. We have no objection to form to the underlying Jeffords sub- racy. that if the Senator wants a recorded stitute amendment. Take a look at this. The Department vote. We happen to second his request. The PRESIDING OFFICER. Is there of Education started less than 30 years Mr. SMITH of New Hampshire. The objection? Without objection, it is so ago at $2 billion, $3 billion. It is now in Senator is correct; I request a recorded ordered. the tens of billions of dollars to run it. vote. I yield the floor, Madam Presi- The amendments (Nos. 791 as further Unfortunately, only 26 cents on the dent. modified, 363 as further modified, and dollar gets to the kids. Mr. REID. We yield back our time. 356), as modified, are as follows: My amendment, in finding 11, states: The PRESIDING OFFICER. All time AMENDMENT NO. 791, AS FURTHER MODIFIED. In fiscal year 1998 the paperwork and data has expired. The question is on agree- On page 7, line 21, insert ‘‘after consulta- reporting requirements of the Department of ing to amendment No. 487. The clerk tion with the Governor’’ after ‘‘agency’’. Education amounted to 40 million so-called— will call the roll. On page 8, line 1, insert ‘‘after consultation Only in Government would we hear a The assistant legislative clerk called with the Governor’’ after ‘‘agency’’. phrase such as this— the roll. On page 35, line 10, strike the end quotation mark and the second period. burden hours, which is the equivalent of Mr. NICKLES. I announce that the On page 35, between lines 10 and 11, insert nearly 20,000 people working 40 hours a week Senator from Idaho (Mr. CRAPO), the the following: for one full year. Time and energy which Senator from Utah (Mr. HATCH), and ‘‘(c) STATE PLAN.—Each State educational would be better spent teaching children in the Senator from Montana (Mr. BURNS) agency, in consultation with the Governor, the classroom. are necessarily absent. shall prepare a plan to carry out the respon- Burden hours, only in Washington. It I further announce that, if present sibilities of the State under 1116 and 1117, in- is like getting on an elevator in Wash- and voting, the Senator from Utah (Mr. cluding carrying out the State educational agency’s statewide system of technical as- ington. Only in Washington does one HATCH) and the Senator from Montana get on an elevator to go up to the base- sistance and support for local educational (Mr. BURNS) would each vote ‘‘yea.’’ agencies.’’. ment. If you do not believe me, get on The PRESIDING OFFICER. Are there On page 35, line 20, insert the following: the elevator anywhere around here and any other Senators in the Chamber de- ‘‘prepared by the chief State school official, you find that to be true. Only in Wash- siring to vote? in consultation with the Governor,’’ after ‘‘a ington, only in Government, do we The result was announced—yeas 96, plan’’. have these kinds of phrases. It is non- nays 1, as follows: On page 706, line 8, insert ‘‘, after consulta- tion with the Governor,’’ after ‘‘which’’. sense. Burden hours, the equivalent of [Rollcall Vote No. 175 Leg.] nearly 20,000 people working 40 hours a On page 706, line 16, insert ‘‘fter consulta- YEAS—96 tion with the Governor, a’’ after ‘‘A’’. week for 1 full year. Akaka Durbin McCain On page 707, line 2, insert ‘‘fter consulta- The Federal Government needs to de- Allard Edwards McConnell tion with the Governor, a’’ after ‘‘A’’. crease paperwork requirements and Allen Ensign Mikulski data reporting. We have to stop talking Baucus Feingold Miller AMENDMENT NO. 363, AS FURTHER MODIFIED Bayh Feinstein Murkowski about it and start doing it. Those Fed- Bennett Fitzgerald Murray On page 71, line 24, strike ‘‘and’’. eral requirements may make for nice Biden Frist Nelson (FL) On page 72, line 3, strike all after ‘‘1118’’ Government reports. There is a report Bingaman Graham Nelson (NE) and insert ‘‘; and’’. right here. Here is the report on the Bond Gramm Nickles On page 72, between lines 3 and 4, insert Boxer Grassley Reed the following: bill. I am sure every Senator has read Breaux Gregg Reid ‘‘(11) where appropriate, a description of this word for word, sitting back in Brownback Hagel Roberts how the local educational agency will use their offices at night. They read it be- Bunning Harkin Rockefeller Byrd Helms Santorum funds under this part to support school year fore they go to bed. They get up in the Campbell Hollings Sarbanes extension programs under section 1120C for morning and read every word of it. Cantwell Hutchinson Schumer low-performing schools.’’; Look at this stuff. There are tens of Carnahan Hutchison Sessions On page 175, between lines 16 and 17, insert thousands of pages of background that Carper Inhofe Shelby the following: Chafee Inouye Smith (NH) go into this report. SEC. 120D. SCHOOL YEAR EXTENSION ACTIVI- Cleland Jeffords Smith (OR) TIES. Here is another one. Here is the bill. Clinton Johnson Snowe Subpart 1 of part A of title I (20 U.S.C. 6311 That is the report. This is the bill. This Cochran Kennedy Specter Collins Kerry Stabenow et seq.) is amended by adding at the end the is even bigger and larger. Look, page Conrad Kohl Stevens following: after page after page—more bureauc- Corzine Kyl Thomas ‘‘SEC. 1120C. SCHOOL YEAR EXTENSION ACTIVI- racy. The Department needs to look at Craig Landrieu Thompson TIES. reducing regulations and how Federal Daschle Leahy Thurmond ‘‘(b) USE OF FUNDS.— Dayton Levin Torricelli ‘‘(1) IN GENERAL.—A local educational money is spent, reducing paperwork. DeWine Lieberman Voinovich Madam President, I ask that the Sen- Dodd Lincoln Warner agency may use funds received under this ate go on record that not less than 95 Domenici Lott Wellstone part to— Dorgan Lugar Wyden ‘‘(A) to extend the length of the school cents of every Federal education dollar year to 210 days; NAYS—1 be spent or used in the classroom, and ‘‘(C) conduct outreach to and consult with I do not think that is an unreasonable Enzi community members, including parents, stu- request. NOT VOTING—3 dents, and other stakeholders to develop a Has my time expired? plan to extend learning time within or be- Burns Crapo Hatch The PRESIDING OFFICER. The Sen- yond the school day or year; and ator’s time has expired. The amendment (No. 487) was agreed ‘‘(D) research, develop, and implement Mr. SMITH of New Hampshire. I ask to. strategies, including changes in curriculum for the yeas and nays before I yield the Mr. REID. Mr. President, I move to and instruction. ‘‘(c) APPLICATION.—A local educational floor. reconsider the vote. Mr. KENNEDY. I move to lay that agency desiring to use funds under this sec- Mr. REID. This side will be happy to tion shall submit an application to the State yield back our time. motion on the table. educational agency at such time, in such The PRESIDING OFFICER. The Sen- The motion to lay on the table was manner, and accompanied by such informa- ator has requested the yeas and nays. agreed to. tion as the agency may require. Each appli- Is there a sufficient second? AMENDMENT NOS. 791 AS FURTHER MODIFIED, 363 cation shall describe— There appears to be a sufficient sec- AS FURTHER MODIFIED, AND 356, AS MODIFIED ‘‘(1) the activities to be carried out under ond. Mr. KENNEDY. Madam President, I this section; The yeas and nays were ordered. ask unanimous consent that the pre- ‘‘(2) any study or other information-gath- ering project for which funds will be used; Mr. REID. If I may be heard briefly. viously agreed to amendments, No. 791 ‘‘(3) the strategies and methods the appli- Madam President, we are willing to by Mr. BINGAMAN, No. 363 by Mr. cant will use to enrich and extend learning take a voice vote after listening to the TORRICELLI, and No. 356 by Mr. time for all students and to maximize high Senator’s statement to the Senate. CORZINE, be further modified with the quality instruction in the core academic

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.041 pfrm03 PsN: S07PT1 S5926 CONGRESSIONAL RECORD — SENATE June 7, 2001 areas during the school day, such as block league, has two on principals and alter- Mr. WELLSTONE. Mr. President, I scheduling, team teaching, longer school native placements. Those are listed in am going to send the amendment to days or years, and extending learning time the list of amendments. I understand the desk on behalf of myself and Sen- through new distance-learning technologies; there may be amendments from the ator DODD, along with Senators DAY- ‘‘(4) the strategies and methods the appli- cant will use, including changes in cur- other side related to those. But we are TON, FEINGOLD, CLINTON, HOLLINGS, riculum and instruction, to challenge and trying to move this. MURRAY, REED, and CORZINE. engage students and to maximize the produc- Obviously, if there are amendments The PRESIDING OFFICER. The tiveness of common core learning time, as related to it, we will deal with them amendment is currently at the desk. well as the total time students spend in the way we have in the past, but I Are you modifying this? school and in school-related enrichment ac- wanted to at least give our Members an Mr. WELLSTONE. The amendment is tivities; idea about what is coming up this at the desk. I am sorry. I ask unani- ‘‘(5) the strategies and methods the appli- afternoon. We are hopeful to continue mous consent that the additional Sen- cant intends to employ to provide continuing to make good progress through the ators be added as cosponsors. financial support for the implementation of The PRESIDING OFFICER. Without any extended school day or school year; course of the afternoon. ‘‘(6) with respect to any application to Mr. GREGG. Madam President, I also objection, it is so ordered. carry out activities described in subsection believe Senator HUTCHISON has an The clerk will report the amendment. (b)(1)(A), a description of any feasibility or amendment. The assistant legislative clerk read other studies demonstrating the sustain- Mr. KENNEDY. I appreciate that. as follows: ability of a longer school year; Senator HUTCHISON has a very impor- The Senator from Minnesota [Mr. ‘‘(7) the extent of involvement of teachers tant amendment. A number of our col- WELLSTONE], for himself, Mr. DODD, Mr. DAY- and other school personnel in investigating, leagues have been interested in that TON, Mr. FEINGOLD, Mrs. CLINTON, Mr. Hol- lings, Mrs. MURRAY, Mr. REED, and Mr. designing, implementing and sustaining the subject matter. That has been going on activities assisted under this section; CORZINE, proposes an amendment numbered ‘‘(8) the process to be used for involving for a number of days. They have been 466. parents and other stakeholders in the devel- very constructive resolutions. I hope Mr. WELLSTONE. I ask unanimous opment and implementation of the activities perhaps after Senator CLINTON we consent reading of the amendment be assistance under this section; might be able to consider that amend- dispensed with. ‘‘(9) any cooperation or collaboration ment. We will be in touch with the Re- The PRESIDING OFFICER. Without among public housing authorities, libraries, publican leader, and we will give her as businesses, museums, community-based or- objection, it is so ordered. much notice as we can, but we will try The amendment is as follows: ganizations, and other community groups to see if we can’t dispose of it after the and organizations to extend engaging, high- (Purpose: To limit the conduct of certain as- quality, standards-based learning time out- Clinton amendment. sessments based on the provision of suffi- side of the school day or year, at the school Mr. REID. Madam President, Senator cient funding to carry out part A of title I or at some other site; DASCHLE last night in the closing min- of the Elementary and Secondary Edu- ‘‘(10) the training and professional develop- utes of the Senate indicated that one of cation Act of 1965) ment activities that will be offered to teach- the things he wanted to do was hold On page 48, between lines 14 and 15, insert ers and others involved in the activities as- the votes as close to 20 minutes as pos- the following: sisted under this section; ‘‘(iii) no State shall be required to conduct sible. Today we have done fairly well in any assessments under this subparagraph in ‘‘(11) the goals and objectives of the activi- that regard. The votes have run over. ties assisted under this section, including a any school year if, by July 1, 2005, the description of how such activities will assist The first one was 25 minutes and this amount appropriated to carry out this part all students to reach State standards; one was 26 or 27 minutes. We are trying for fiscal year 2005 does not equal or exceed ‘‘(12) the methods by which the applicant to make the 20-minute mark that the $24,720,000,000;’’. will assess progress in meeting such goals majority leader has given us. I say to Mr. WELLSTONE. Mr. President, and objectives; and all the staff listening and Senators who this amendment, I think in a lot of ‘‘(13) how the applicant will use funds pro- are watching, I hope they understand ways, is kind of a test case of whether vided under this section in coordination with the 20-minute rule Senator DASCHLE is or not we are passing a reform bill. I funds provided under other Federal laws. going to try to get us trained to re- will have a lot to say about this, and AMENDMENT NO. 356, AS MODIFIED spond to. We have wasted so much time other Senators will as well. I am cer- On page 684, line 6, strike ‘‘and’’. waiting for people to come. It is going tainly hoping that colleagues on the On page 684, line 7, strike the period and to be necessary for some people to miss other side—whether they are Repub- insert ‘‘; and’’. votes. I hope everyone will understand licans or Democrats—who disagree will On page 684, between lines 7 and 8, insert that this is the only way we can be come to this Chamber to express their the following: considerate of others. There shouldn’t dissent so that I can know what pos- ‘‘(O) activities to promote consumer, eco- be hard feelings. This will be applied as sible arguments can be made against nomic, and personal finance education, such we are trying to do everything here on as disseminating and encouraging the use of this amendment. the best practices for teaching the basic a bipartisan basis. There are many Senators who have principles of economics and promoting the Mr. KENNEDY. Madam President, I said publicly in this Chamber, and back concept of achieving financial literacy know the Senator will be here momen- in their States, and in interviews with through the teaching of personal financial tarily. I will request the absence of a the media, that we have to have this management skills (including the basic prin- quorum until he is here to present his testing for the accountability—we can ciples involved in earning, spending, saving, amendment. I suggest the absence of a talk more about that later—but that, and investing).’’. quorum. in addition, we also have to have the Mr. KENNEDY. Madam President, we The PRESIDING OFFICER. The resources to make sure that the chil- are moving along. I am very appre- clerk will call the roll. dren, the schools, and the teachers ciative of the cooperation we are get- The assistant legislative clerk pro- have the tools to do well. ting. We now have a very important ceeded to call the roll. The testing is supposed to assess the amendment by Senator WELLSTONE Mr. WELLSTONE. Mr. President, I reform. The testing is not supposed to which is one of the most important ask unanimous consent the order for be the reform. I remember at the very that we will have during this debate. the quorum call be rescinded. beginning, a long time ago, I said: You We have some good time allocated for The PRESIDING OFFICER (Mr. cannot realize the goal of leaving no a very good discussion. Senator REED). Without objection, it is so or- child behind or you cannot talk about WELLSTONE will open and, obviously, dered. an education reform program if it is on respond to questions. It is our inten- AMENDMENT NO. 466 TO AMENDMENT NO. 358 a tin cup budget; you have to have the tion, following Senator WELLSTONE, to The PRESIDING OFFICER. Under resources. consider the amendment of the Senator the previous order, the Senator from I have heard many Senators say: We from New York, Mrs. CLINTON, dealing Minnesota, Mr. WELLSTONE, is recog- are for the testing for the account- with dilapidated schools, and Senator nized to call up amendment No. 466, on ability, but we are also going to invest FEINSTEIN dealing with school con- which there shall be 4 hours to be in these children and make sure there struction. And Senator KERRY, my col- equally divided and controlled. are the resources. That is point 1.

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.018 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5927 Point 2: Senator DODD and Senator The testing is a snapshot. It is one nity and when it comes to discrimina- COLLINS came to this Chamber with a piece of the picture. It does not tell us tion, when it comes to human rights, very important amendment which au- anything about what happened before when it comes to civil rights, when it thorized a dramatic increase in re- or what happens after. What good does comes to a basic diet that every child sources for the title I program. It was it do to have so many children in should have, no State, no community a bipartisan amendment. There were, I America right now who are crowded should be able to fall below that. That believe, 79 Senators who voted for this into dilapidated buildings, into huge is one kind of argument. But now we amendment. classes, who have four teachers a year, are going to tell every school district This amendment was a Paul Simon who do not have the same resources they have to do this? It is absolutely amendment. It turns out the Senator and benefits as a lot of other children, amazing to me that we are doing so. from Illinois is in the Senate Chamber. who come to kindergarten way behind, The point is, don’t anybody believe This amendment was an education and we are going to test them and show that the test we make every child take amendment by Senator DODD and Sen- that they are not doing well, which we means that child now is going to have ator COLLINS. I say to the best friend I already know, but we are not going to a qualified teacher. It doesn’t do any- ever had in the Senate—Senator Paul have the resources to do anything to thing about that. A test doesn’t reduce Simon of Illinois—who is here, that help them after they don’t do well on class size. A test doesn’t make sure the what I am now saying to every Senator the tests. Or even more importantly, children come to kindergarten ready. is: 79 Senators voted for an authoriza- we are not going to have the resources Part of the crisis in education is the tion, but that is not money. That is fic- to help them to make sure that when learning gap by age 5. Some children tion. we hold them accountable, they have come to kindergarten, then they go on This amendment says that by 2005— the same opportunity as every other to first grade, second grade, third we committed in that amendment that child in America to do well. grade. Now we are going to test them, we would spend $24.72 billion for title I I am on fire about this amendment age 8. which would go to the benefit of chil- because this is the amendment that One group of children, to be honest dren for extra reading help, for after- holds people accountable for the words with you, actually has had 7 years of school, for prekindergarten, all of they have been speaking. We must not school. They came to kindergarten. which is critically important. separate the lives we live as legislators Then they had the 3 years plus that. So what this amendment says is that from the words we speak. We have been Now they are third graders. Before the tests we are authorizing need not saying that we were going to have the that, they had 3 years of enriched child be implemented unless we, in fact, ap- resources, that we were going to get care. They came to kindergarten hav- propriate the money at the level we them to the teachers and the schools ing been widely read to. They know said we would. This was the amount and the children. And that is what this colors and shapes and sizes. They know the Dodd amendment authorized. We amendment says. This amendment how to spell their name. They know have been saying to our States: We are says: Don’t fool people by just doing an the alphabet. They are ready to learn. going to get you the resources. So what authorization. They have had the education. And then we are saying in this amendment is This was so important what Senator a lot of other children haven’t. And that States do not have to do this un- DODD did, so important what Senator they are behind, way behind. This is less we make the commitment to the COLLINS did, so important that 79 Sen- during the period of time of the devel- resources. I have heard people talk about the ators voted for it, but really what opment of the brain, the most critical need to walk our talk. I have heard makes a difference is if we go on record time. Then they fall further behind. Testing doesn’t change any of that. Senator after Senator say that they and make it crystal clear that unless Testing doesn’t do anything about are for accountability but they are for we live up to what we already voted for making sure there is the technology resources. I do not know how Senators and provide the money—this would be there. Testing doesn’t do anything can vote against this proposal. We said $24 billion plus in the year 2005—then about whether or not you have 40 or 50 we were for authorizing this money. in Rhode Island or Minnesota or other This amendment is a trigger amend- States, schools can say: You didn’t pro- kids crowded into a classroom. But if ment. It says that we make this com- vide the money you said you were we were to make a commitment to mitment to $24.72 billion for title I. going to provide. You didn’t provide some title I funding, then we could get And this amendment says, if we do not the resources you said you were going some additional help for reading; some do this, then the new tests need not be to provide. We choose not to do the additional help for after school; for implemented. testing. teachers to have assistance helping If the States or school districts want They should have that option. Other- them with children, one-on-one help; to say we do not want to do this be- wise, this testing is an unfunded man- prekindergarten. cause you have not lived up to your date. You are setting everybody up for How can Senators possibly vote commitment, they do not have to do it. failure. against this amendment? They can’t, I look back because sometimes our I will quote a recent study by the not if they have said they are com- staff do the best work. So I am looking Center for Education Policy. Here is mitted to getting the resources to back at Jill Morningstar to make sure the conclusion: these schools. I am right about this. Policymakers are being irresponsible if The Association of American Test Now just a little bit about what this they lead the public into thinking that test- Publishers, the people who develop vir- really is all about. This is the heart of ing and accountability will close the gap. tually every large standardized test the debate. Right now, title I is a pro- They are right. Do you think by jam- used in our schools, say the same gram for children from disadvantaged ming a test down the throats of every thing. I quote from the Association of backgrounds. It is the major Federal school in every school district in every American Test Publishers: commitment. We are funding it at a 30- State in America—by the way, I am In sum, assessments should follow, not percent level. The title I money is used going to ask my conservative friends. I lead, the movement to reform our schools. for extra reading help. It can be used don’t get this. Right now, I haven’t What they are saying is that the test- for prekindergarten. It can be used to made a final decision, but I lean pretty ing is supposed to assess the reform. help these children do better. heavily in the direction that the Fed- The testing isn’t the reform. And the What this amendment is saying is, it eral Government should not do this. I reform is whether or not we are going does not do a heck of a lot of good to don’t know where the Federal Govern- to have the resources to make sure test the children all across the country ment gets off telling school districts these children have a chance to do when we have not done anything to and schools they have to test every well. make sure they have the best teachers; child age 8, age 9, age 10, age 11, age 12, Senators, if we are going to say that that the classes are smaller; that the and age 13. What a reach on the part of it will be a national mandate that buildings are inviting; that they come the Federal Government. every child in America will be tested to kindergarten ready to learn; that It is quite one thing to say all of us and we will hold the children and the they get additional help for reading. in America live in a national commu- schools and everyone else accountable,

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.045 pfrm03 PsN: S07PT1 S5928 CONGRESSIONAL RECORD — SENATE June 7, 2001 then it should be a national mandate hear how people justify not providing Do my colleagues want to know what that every child should have the same resources. they say in the statement? They say opportunity to learn and do well in I am not surprised by a recent study two things. One, which ties into this America. That is what this amendment by the Education Trust Fund which amendment, is that we must make sure is about. shows the extent of the gap between we live up to the opportunity-to-learn I ask unanimous consent that a let- low-income and high-income districts. standard; that every child has the same ter from the Democratic Governors’ There are not too many Senators who opportunity to learn. Association be printed in the RECORD have children in low-income districts. What I want to point out is they say at the conclusion of my remarks. The study found that nationally low- from a public health point of view: The PRESIDING OFFICER. Without poverty school districts spend an aver- What are you doing to these kids? They objection, it is so ordered. age of $1,139 more than high-poverty are talking about the stress on 8-year- (See Exhibit 1.) school districts. In 86 percent of the olds taking all these tests, and they Mr. WELLSTONE. They say: States, there is a spending gap favoring point out what is happening to schools. While we are pleased to support the wealthier students. The widest gap is I do not know; there must be 30 peo- Carnahan Nelson amendment, we are hopeful in New York where the wealthiest dis- ple who have signed this. They are the that any final version of legislation to reau- tricts spend on average $2,794 more per best educators, the best child psycholo- thorize ESEA will apply a funding trigger student. gists, award-winning authors, and they more broadly, specifically to include title I. As the Center for Educational Policy say: What in God’s name are you doing This is the main source of federal assistance concludes: for disadvantaged students and the federal to these children? That is another Policymakers on the State and national government needs to back its efforts to amendment about testing next week levels should be wary of proposals that em- strengthen accountability with adequate brace the rhetoric of closing the gap but do with Senator HOLLINGS. For right now, new investment. not help build the capacity to accomplish at the very minimum, what they are These Governors are saying this is this goal. saying is we ought to at least make part of your major Federal commit- That is what this amendment is sure we provide these children with the ment. With all due respect, you have to about. This testing is nothing but the opportunity to learn. back accountability with new invest- rhetoric of closing the gap. We are not One hundred percent of major city ment, and we support the idea of this closing the gap because we are not pro- schools use title I to provide profes- trigger amendment. viding the resources. This amendment sional development and new tech- They are absolutely right. For some says we go on record, we are com- nology for students; 97 percent use title reason, these Governors are a little mitted, we are going to say to any I funds to support afterschool activi- worried that we are going to mandate State and school district: If we do not ties; 90 percent use title I funds to sup- all this testing and then not live up to live up to our commitment and provide port family literacy and summer our commitment of resources, for very the resources in 2005, which we have school programs; 68 percent use title I good reason. gone on record in supporting, then you funds to support preschool programs. I would like to quote from an article do not have to do the testing. The Rand Corporation linked some of given to me by my good friend from This amendment starts to take us in the largest gains of low- and moderate- Florida, Senator GRAHAM. This is by a the direction of putting the money income children doing better in edu- Walter R. Tschinkel. He discusses Flor- where our mouth is. Seventy-nine Sen- cation to investment in title I. ida’s system of grading schools. The ators agreed to authorize title I so that In my home State of Minnesota, the Presiding Officer is one of the people in it would be fully funded in 10 years. Brainerd Public School system has had the Senate most immersed in edu- Seventy-nine Senators should support a 70- to 80-percent success rate in accel- cation. What does Mr. Tschinkel find is this amendment. erating students in the bottom 20 per- the single most important variable in By the way, I am being pragmatic. I cent of their class to the average of determining how children do on test do not even understand why we are not their class following 1 year of intensive scores? Would anybody here be real providing the funding now. Why 10 title I-supported reading programs. surprised to hear that it is poverty? He years? What good does it do a 7-year- My colleague, Senator HATCH from found that for every percent that pov- old to provide funding in 10 years? She Utah, cited important research by the erty increases, the school score drops will be 17. Aspen Institute: by an average of 1.6 points. He showed Childhood is only once. We should In the effort to raise the achievement of all that the level of poverty in a school in not steal their childhoods. In 10 years American students, an extremely serious Florida predicted what the school’s we are going to do it. How does that barrier is the huge disparity in resources for achievement score would be with 80- help the 7-year-old? We are going to education across districts and States. It is percent accuracy. test her when she is 8 and show her— not unusual for per student expenditure to May I ask, what are we doing here surprise—that she is not doing well, be three times greater in affluent districts with this bill that is called BEST? but we may not be helping her for than poor districts in the same State. What are we doing? We are not doing many years later. Mr. President, do you know that in anything to reduce poverty. We have I am just starting on this. This is 4 my State of Minnesota, in St. Paul, not made any commitment to title I hours of debate now. Next week, there schools where we have less than 65 per- money being there, which is what this might be 36 hours of debate on another cent of the students who are eligible amendment calls for. We are not doing amendment. for the free or reduced school lunch anything when it comes to a commit- Again, we went on record. We said we program, receive no title I money. We ment in prekindergarten and child were for this authorization. This have run out. I could not believe it. I care. amendment just says let’s do it. My heard the Secretary of Education and We are still funding Early Head Start colleagues say tests have their place. some of my colleagues saying we have at the 3-percent level and Head Start By the way, I want to also print in the spent all this title I money; we have for 3- and 4-year-olds at the 50-percent RECORD—I hope every Senator will read thrown dollars at the problem. level. this. This is a high stakes testing posi- First of all, we are not funding it but We are not doing anything about re- tion statement. This is a statement by at a 30-percent level and, second, title building crumbling schools. Shame on health care professionals which include I represents about one-half of 1 percent us. people such as Robert Coles, a psychia- of all the education dollars that are We are not doing anything about re- trist who has written probably 40 books spent, but it is key in terms of the Fed- ducing class size. Shame on us. about children in America. The man eral Government commitment. I am Now what we are going to do is test has won every award known to human- suggesting that it can make a huge dif- these children and show these children kind; Alvin Poussaint, another tal- ference. in America again how little we care ented African-American psychiatrist; The problem is, we have had a dra- about them. Debbie Meyer who has done more good matic expansion in the number of chil- I have to cool down. It would be bet- work in inner-city New York City than dren who need help. The GAO study ter if we had some debate. I want to anybody in the country. said that, but a lot of States, such as

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.047 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5929 the State of Minnesota, in a school The children in the inner city of ment. I look forward to the debate over that has 64 percent of the children who south Minneapolis or west St. Paul are the next several hours. I think the are low income or who qualify for the not doing as well as the children in the amendment comes back to some of the reduced or free school lunch program affluent suburbs with a huge disparity fundamental questions asked about get no help. Can my colleagues believe of resources and a huge disparity of life this bill. It will give Members on both that? chances. It is staring us in the face in sides of the aisle the opportunity to ad- I want to quote from Linda Garrett terms of what we need to do. We have dress the fundamental concept of the who is assistant director of title 1 pro- not made a commitment to them, and bill, the structure of the bill, the why grams in the St. Paul schools. This is now we are going to club them over the of the bill. the irony of what we are doing. We are head with tests and humiliate them. I It comes down to accountability, to pounding ourselves on the chest. This want Senators to debate me. flexibility, being able to figure out is bumper-sticker politics. It is called I yield the floor and I reserve the re- what the problems are. We all recog- the BEST. Test every child, say we are mainder of my time. nize there is a problem with education for accountability, and we are not EXHIBIT 1 in this country. After diagnosing it, we going to provide the resources for the DEMOCRATIC GOVERNORS’ ASSOCIATION, need to intervene in a way that we can children, all the children, to have the Washington, DC, May 22, 2001. truly leave no child behind. same opportunity to do well. It is un- Hon. JEAN CARNAHAN, This amendment addresses two conscionable. U.S. Senate, issues: the whole concept of account- Linda Garrett says: Washington, DC. ability using assessments and dollars DEAR SENATOR CARNAHAN: On behalf of the and cents. The amendment states that The title I entitlement from the Depart- nation’s Democratic Governors, I am writing ment of Children and Families Learning in support of the amendment being offered no State shall be required to conduct have remained level for the past 2 years, and by Senators CARNAHAN and NELSON to S. 1, any assessments in any school year by we have been notified to expect the same for the Better Education for Students and 2005 if the amount appropriated to the next year. While the funding has re- Teachers Act (BEST). This amendment carry out this part for fiscal year 2005 mained level, the number of St. Paul schools would ensure that the federal government is not equal to or exceeds $24 billion. entitled to receive title I funding increased meets its commitment to states by fully That summarizes the amendment. It and the number of eligible children in- funding the cost of the new Elementary and can be broken into two arguments. One creased. In 1998–1999 the per pupil title I Secondary Education Act (ESEA) testing re- is money and how important money is, funding was $720; 1999–2000, $540; 2000–2001, quirements. $515, 2001–2002, we are now going to $445 per The amendment would replace the $400 and is money the answer. The other is pupil. million cap authorized for FY 2002 for devel- assessment and the testing. It is a use- We have surpluses; we say we are for oping and implementing tests, in the under- ful component of what is proposed by children; we say we are for education; lying bill, instead requiring the federal gov- President Bush and what is in the un- ernment to pay 100% of all state testing derlying bill today, as amended, ac- and we are providing less money. costs not currently required under federal countability and assessment—that There are 79 Senators who voted for law. If the federal government does not meet the Dodd-Collins amendment. If you measuring success or failure is impor- this commitment, states would be released tant if you want to intervene and make voted for that amendment, you have to from the obligation to implement the new vote for this amendment. It is almost testing requirements. The amendment would a difference. The Senator from Minnesota asked insulting. We are saying to these par- also require the Secretary of Education to essentially the question, as he ad- ents, we need to test your children annually calculate the total costs of testing. In addition, the amendment would add a dressed those issues, why test if we al- every year so you can understand how protection that would prohibit the federal ready know children won’t do well? they are doing and what is working and government from sanctioning a state for There is not much disagreement today what is not. falling behind schedule in designing and im- over whether we are leaving children We are saying to the teachers: Teach- plementing tests if the federal government behind. That has been the thrust of ers, you are afraid to be held account- has not provided full funding. what President Bush campaigned on, able, so now we will hold you account- While we are pleased to support the the thrust of the principles for edu- able with these tests. Teachers are not Carnahan/Nelson amendment, we are hopeful that any final version of legislation to reau- cation reform he has given to this afraid to be held accountable. And the thorize the ESEA will apply a funding trig- body, and the thrust of the underlying teachers and the parents and the ger more broadly, specifically to include BEST bill. I thought, as a body of Con- schools, especially the schools with Title I. This is the main source of federal as- gress, we generally agreed it is impor- low- and moderate-income children, al- sistance for disadvantaged students and the tant to make a diagnosis if we are ready know what is working and what federal government needs to back its efforts to strengthen accountability with adequate going to improve our student’s edu- is not working. They already know cation. they don’t get the resources. They al- new investment. We would also prefer that final legislation The comment of the Senator from ready know the children come to kin- link federal funding accountability to con- Minnesota is, why test somebody if you dergarten way behind. They already sequences imposed on states and local know they are not doing well? The im- know the buildings are dilapidated. schools unable to meet proposed annual per- plied corollary is, forget the test, dump They already know the classes are too formance measures, such as fiscal sanctions more money and make that cure the large. They already know they don’t and school reorganization. Relieving states system—as if throwing more money from the cost of implementing new tests have beautiful landscaping. They al- will make sure we leave no child be- ready know they don’t have the sup- does not alter the mandated levels of im- provement in student performance. hind. port assistance they need from addi- Democratic Governors urge Congress to On the first part of that argument, I tional staff. They know all of that. fulfill the historic commitment to America’s think testing is important. I say that They are just wondering when we will children that the BEST Act represents by as somebody who has a certain par- live up to our words and provide some fully funding authorized levels for IDEA, allel, and the parallel of my life, obvi- assistance. That is what they wonder. Title I, and teacher quality, as well as for ously, is medicine. The symptoms are In my opinion, we are playing poli- testing. We believe that the Carnahan-Nel- there. The symptoms today are, we are tics with children’s lives. We all want son amendment helps to ensure this, and we urge that the Senate adopt the amendment. failing, by every objective measure- to have our picture taken next to Sincerely, ment we use today, versus our counter- them; we all want to be in schools with Gov. TOM VILSACK, parts in other countries internation- them; we are all for them except when State of Iowa, ally. Whether we look at the 4th grade it comes to reaching in the pocket and DGA Vice-Chair of Policy. or the 8th grade or the 12th grade, we investing in resources. Mr. FRIST. How much time is under are failing as a society in educating I believe what we are doing to poor the agreement on either side? our children. I suppose that is what the children in America, unless we pass The PRESIDING OFFICER. There Senator from Minnesota meant when this amendment, is we are going to test are 2 hours under the control of each he said we know we are leaving chil- children and show they are not doing side. dren behind. as well. Why would anybody be sur- Mr. FRIST. Mr. President, I rise in As a physician, when someone comes prised? opposition to the Wellstone amend- to your office and complains of fatigue,

VerDate 11-MAY-2000 02:09 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.049 pfrm03 PsN: S07PT1 S5930 CONGRESSIONAL RECORD — SENATE June 7, 2001 they do not feel quite right, perhaps yield. I want to walk through several tant, measurable results that can be shortness of breath, as a physician and of these concepts. looked at, that can be used and thrown as a nation, it is hard for you to know As a physician what is it similar to? into our own individual database at a how to address the symptoms of a prob- I mention somebody coming through local level in order to decide how to ad- lem until a diagnosis is made. that door to see, not Senator FRIST, Dr. dress that specific problem, whether it We know children are being left be- FRIST; they come in and have these is the seventh grade girl or whether it hind. By any measure, there is a huge vague complaints. If I don’t do tests— is a school we see is failing miserably achievement gap, which is getting I can take a pretty careful history. But year after year, in spite of putting worse in spite of more money, in spite until I do the physical exam, until I do more resources in and getting more of good intentions, in spite of addi- some tests—noninvasive tests, very teachers and smaller class size and bet- tional programs. That gap is getting simple tests—EKG, a scan called a ter books and more technology—that is worse, and we are leaving the under- MUGA scan, fairly simple tests today— the only way to get the answer. served behind. I am not going to be able to specifi- Then you start drawing this linkage How do we correct that? Our side of cally know whether the problem is between dollars. We always hear from the aisle worked with the other side of with the lungs or with the heart or the other side of the aisle—this is a the aisle in a bipartisan way, to pass a whether that the problem is due to good example. I looked at this. I don’t bill through the Health, Education, lack of conditioning or if it is due to know if it is $24 million or $24 billion or Labor, and Pensions Committee, that general fatigue. $24 trillion. To me, it doesn’t matter. injects strong accountability into the So if I have the seventh grade girl But it really drives home the point bill. there, not only should we have made that there is a perception that you can I thought we had gone long beyond the diagnosis earlier, but we need a throw money at a problem without the accountability argument. Appar- test that can sufficiently make the di- making a diagnosis, without figuring ently we have not. I think it is impor- agnosis: Is it mathematics? Is it read- out what the fundamental disease is— tant to go through this diagnosing, the ing? Is it lack of resources? Is it lack of not the symptoms, we know what the assessments, so we can intervene and an ability to use a computer or type on symptoms are—but without figuring improve the education of our children. a keyboard? We have to make the as- out what the disease is you will never We need to be able to determine sessment. Then once, with that patient have enough money. through assessments how well each coming in, I identify the heart, I know Although you can always argue for child progresses, or, unfortunately, how to intervene. I have taken the more money and, boy, I tell you, we does not progress and falls behind— blood pressure, I find it is high blood have really seen it in this bill. If there from the third to the fourth grade; pressure, there is something I can do to is one very valid criticism of this bill it from the fourth to the fifth grade; from intervene. But if it is just fatigue, until is that every amendment that comes the fifth to the sixth grade; from the I know their blood pressure is up, how down here, we come down to vote on, sixth to the seventh; from the seventh can I give a pill to bring the blood pres- every amendment coming from the to the eighth. sure down? other side requires more money. It is We all know those early years are You can argue there is not enough more money for programs, more money important. We used to think maybe money in the world to treat for technology, more money for teach- you could catch up in college, or in everybody’s hypertension, and you can ers, more money for assessments. high school you could catch up in math argue you cannot give everybody the Focusing on money as the only re- or in science. I think now there is pret- full battery of tests and give everybody sponse takes the target off what the ty much agreement if we need to inter- a heart transplant or everything they American people care about. It takes vene, we need to intervene early so no need. But that is not an argument to the spotlight off what the President of child is left behind. me, or it defies common sense to say the United States cares about, what Why do we need more assessments? If you should not come back and do the the President of the United States has you assess a student in the seventh tests in the first place and ask the grade—say a young girl in the seventh demonstrated the leadership at the question and make the specific diag- grade—and that test shows she is not highest levels about, and that is the nosis. In fact, I argue if you have dol- only last in the class, but last in the child. That is the seventh grade girl community. You find out in the sev- lars, or a pool of dollars—it doesn’t who is sitting in that classroom who is enth grade that she cannot read be- even have to be a fixed sum—if you failing and we are not willing to come cause she has been last in the class, want the best value for that dollar, in- in and do the reform. Reform is a scary word. Reform and because she has been ushered along stead of taking all that money and and advanced from year to year. Or you throwing it at the fatigue of the pa- means change to some people. But we find she cannot add and subtract in the tient with a whole bunch of potential have to recognize when you say im- seventh grade. treatments that may make you feel prove accountability, or reform, or People say: Come on, everybody can good, or invent programs to put them measurable results—all of that basi- read and everybody can do funda- in, why not step back, invest that $1 in cally says we have to change what we mental math in the seventh grade. But making the diagnosis, in figuring out are doing, figure out what is wrong, we know from the national statistics, the problem, because that will set you, and fix it. And you cannot just say in the fourth and eighth grade a sig- I believe, in a much more efficient way throw money at the problem. You have nificant number of our children are to determine treatment over time. to have the reform. That is where the falling behind, both as we compare It means you make the diagnosis assessment, accountability, measur- them to each other and as we compare early enough so it might prevent that able results, the figuring out what the them to other people globally, inter- heart disease from progressing, that fa- problem is, is so critically important. nationally, other developed nations. tigue, maybe a little bit of chest. So to be honest with you, I am not Therefore, I argue it does make sense Maybe, if you diagnose it at age 40 and surprised but, as I said earlier, I to have these tests on a yearly basis you find the blood pressure because thought we had gotten beyond the fact from third to eighth grade because you you have done the test and you inter- that you have to have strong account- need the continuity. Also you need vene, that stops the progression of the ability in order to know how to im- tests designed in such a way that they heart disease and that patient will live prove a situation that we all know is are comparative—you need to be able longer because of early intervention. It miserable. It is miserable. Today we to compare what a child has learned in is therapeutic but also it is preventive are not addressing each child. Today the third grade with what he or she has medicine. we are leaving people behind. It is learned in the fifth grade versus the I say there is absolutely no difference going to take doing something dif- seventh grade versus the eighth grade. with how we should address our edu- ferent. It is going to take bringing true Mr. WELLSTONE. Will the Senator cation system today—if we look at ac- reform to the table and that is why the yield for a question? countability, we want better results, assessment comes in. Mr. FRIST. Let me just finish for a we want better value, we are failing, We cannot argue with what is under- few minutes and then I will be happy to today, to say assessments are impor- lying this amendment, that you don’t

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.051 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5931 do the test because somebody has the less advantaged. We changed those for- things not going quite right. To be spe- symptoms. I argue you have to do the mulas just enough, I believe, to appro- cific, fortunately we know what can be test. That is first and foremost in order priately refocus where it wasn’t quite done. to figure out what the disease is, to right in this initial underlying bill. If you have $1—whatever it is, a Fed- treat it, to get the best value for the Yes, it is the State that sets the eral, or a local dollar, or a dollar at dollar that we put in, that we make standards. Again, one of the big funda- school—you know how best to invest available. When we hear the rhetoric mental arguments that will come out that dollar, and not just throw a dollar on the floor of playing politics with again and again —and it has over the at the symptoms. But you will know children’s lives, they have to be very last several weeks—is whether it how to invest that dollar, and it can be careful, again, because the debate is so should be Washington, DC, or the Fed- accomplished through this legislation. much further along than where it was 6 eral Government running it out of It is already in the legislation. months ago, I think in large part be- Washington, or whether it be should at I want to make sure we don’t, with cause of President Bush and his leader- the State, or local, district, or indi- this particular amendment, allow the ship, putting this issue out front. vidual level. Again and again, you can opportunity to strip away all account- Let’s not use that language of play- have Republicans saying it should be at ability in the bill. That is the heart of ing politics with children, but get re- the local level, and on the other side of this bill. form and improvement in the system the aisle—I don’t want to overly gener- We are going to talk flexibility and by putting additional resources in as alize, but if you look at the amend- local control and decisionmaking at we go forward, which this President ments and the way the voting is going, the local level involving the parents. and this Congress clearly have shown a it is more the answer, here in Wash- But the heart of this bill comes back to willingness to do. But let’s not just put ington, A, for more regulations and accountability. more money in and then do away with programs; and, B, more money—the This amendment basically gives the tests, which in essence is what this flip side of where this bill is moving, opportunity to say, let’s just cut the amendment does. and maybe not quite as far as some of heart out of this bill; let’s cut out the The latest results of the National As- us would like. But that is local control, accountability provisions; get rid of it, sessment of Educational Progress have flexibility at the local level, trusting and we can feel good; and let’s in fact shown—they show it again and again— people back in counties all across Ten- throw a lot more money at it. That is that money is not the answer and that nessee and in the State of Tennessee to simply not the approach of the Presi- new programs are not the answer. be making decisions rather than here dent of the United States, which says One of the great benefits and advan- in Washington, DC. spend more money but link it to mod- tages and, I think, very good parts of Luckily, much of the debate has gone ern situations and accountability. this bill is that it has an element of back to that individual child. That is These assessments we talked about consolidation and streamlining to re- important because it involves parents. before. We allow individual States to duce the regulatory burden, the ineffi- All of us know how important it is to participate. It is not a Federal test. ciencies, and the sort of deadweight of have parents involved in children’s As I go across the country to talk to having hundreds and hundreds of pro- education and that ultimately nobody people, they ask, Are you doing a grams out there—that there is an ele- cares more about that child than the standardized test out of Washington, ment of consolidation in the under- parent. We are going to have opportu- DC? No. It is coming down at the local lying bill. nities later to talk about choice and, if level. These tests are at the State We have heard it on the floor again a child is either failing or if the child level. and again. We spent $150 billion on lit- is locked in a failing school, or if a I believe these accountability provi- erally hundreds of Federal elementary child is locked in a disadvantaged or sions increase choice for students. and secondary education programs over unsafe school, whether the parents be They increase the opportunity to em- the last 35 years. In terms of progress given the opportunity to participate in power people to make decisions that compared to others, we have not seen the welfare of their child by giving will benefit their education, again from it. them an option to move that child to a the standpoint of the parents, and the That is why this bill is on the floor. safer school. education of a family as we go forward That is why it is critical that we ad- We will have an opportunity to come so that we can truly leave no child be- dress it in a way that recognizes not back and debate that either later this hind. just the money but the modernization, week or next week. Let me simply close by saying that the demanding of accountability, the In the same way, when we come to money is not the answer. That is what raising of expectations for all children, this underlying question of measuring we come back to. We talk a lot about for all schools, and for all teachers. what one is learning or not learning, I the accountability. Money is impor- The answer is not just more dollars. would argue that it is necessary. We tant. But as we look to the past, and President Bush really led the debate haven’t been doing it in the past. We Federal education, State education, or led the issue so that now we are have to make the diagnosis. Again, it and local education, spending has in- back here debating accountability comes back to the individual child. It creased dramatically. Total national again and how important that account- comes back to the parent. That is why spending on elementary and secondary ability is. He called for strengthened we need to step in. That is why, when education has increased by about 30 accountability based on high State people use the word ‘‘mandate,’’ I percent over the last 10 years. Federal standards. Yes, it is annual testing of think it is important for us to say at spending on secondary and elementary all students. And, yes, it starts with least the value of testing is agreed education has increased by 180 percent. the third grade and goes through the upon, and the individual child or that Federal spending is only 6 percent of eighth grade. individual parent will know where the the overall pie. The Federal role has in- In the bill, there are also rigorous deficiencies are and how they can im- creased by 180 percent over the last corrective actions for schools that fail prove. Is it math—adding or sub- decade. Over the past 5 years, Federal to meet those standards. Again, Sen- tracting? Is it science? Is it how to use funding for elementary and secondary ators have worked very hard in a bipar- a computer? We don’t know today. programs has increased by 52 percent. tisan way to make sure that account- How we can we intervene and help? Yet in spite of all of those increases— ability is fashioned in such a way that How can parents help? Again, I will bet people can say that is not near enough, you just do not make the diagnosis but that will happen, once these assess- or maybe some people would say that you set up a system in which there can ments have been made available, that is way too much—over time, test be early intervention and treatment. the first people to look at them will be scores have been national. The achieve- We have several formulas on yearly that parent, that school, and that com- ment gap between the served and the progress, and indeed in a bipartisan munity. Why? Because the value is underserved, the rich, the poor—how- way the initial formulas we used there. They will know that. ever, you want to measure it—has got- showed that we needed to focus a little Annual testing is simply the only ten greater in spite of this increased bit more on the underserved and on the way to get away from the symptoms of spending.

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.053 pfrm03 PsN: S07PT1 S5932 CONGRESSIONAL RECORD — SENATE June 7, 2001 I, for one, believe we are going to enty-nine Senators voted for this au- Start at 2 percent, 3 percent. And we have to inject—I agree with the Presi- thorization. But that is a fiction. It fund Head Start at only 50 percent for dent of the United States, we are in the does not mean anything in terms of 4-year-olds. We know we fund afford- short term going to have to put more real dollars. able child care for low-income children into public education K–12 than we This amendment says that with the where only 10 percent can participate. have at any time in the past. I am con- accountability comes the resources. We We know all that. fident we will do that. The President make a commitment that, unless we What do we need to know? Why do we has said that. This Congress has said it. live up to what we said we would do by need the test? I ask my colleague from The authorization levels the Senator way of title I money for our school dis- Tennessee, what I just said, are these from Minnesota talked about have tricts and our children, then those not realities? Is there one thing that I gone sky high, and it looks as if next school districts and States do not have have said that is not a fact, that is not week they will go higher and higher. to do the testing. That is all it says. empirical, that is not a reality in the There is no way. There is not enough That is my first point. So the argu- lives of children in America? If you can money around to be able to fulfill all ment that somehow this is an amend- tell me, Paul, there is something you the pledges that are being made. That ment that declares null and void test- just said that is not accurate, then you is what an authorization is. But when ing is just not accurate. I am just try- can argue against this amendment. If it comes back to the appropriation ing to get us to live up to our words. you cannot, then you cannot. This process that works pretty well in this The second point I want to make is amendment does not say no to testing. body, I am confident that under the that my colleague said—and I have to It just says with the testing and ac- leadership of this President and the smile—somehow this is all about de- countability come resources. commitment that has been made, we centralization, whereas Democrats Mr. FRIST. Mr. President, will the will put more into education than has tend to look to the Federal Govern- Senator yield for a very brief question? been put in in the past. ment. I have to tell you one more time, Mr. WELLSTONE. I am pleased to Again, the debate, I am sure, will go I do not know where the conservatives yield. on for several hours. It is a good are, or whether the whole political Mr. FRIST. Mr. President, the ques- amendment to have a debate on be- world is being turned upside down, but tion I want to address to my colleague cause it does link the importance of ac- I seem to find myself being a Senator from Minnesota has to do with the countability with money. It focuses, I who—I have not resolved this question, testing. I think it is worth talking believe, on the fact that, yes, it is but at the moment I do not think it is about because I have done the very going to take some more money, but I appropriate that the Federal Govern- best I could to make the case that for do not want to have this element of— ment mandate, tell, insist, require that the individual child it is important to not bribery; that is too strong of a every school district in America test make the diagnosis. Just throwing term—but basically saying, if you can- every child every year. money at it is not going to do it. not meet this figure of $24 billion, we This is radical. It is amazing to me. The question I would like the Sen- are going to cut the heart out of the I am surprised others have not raised ator to respond to is, having children education bill that the American peo- this question. Human rights, civil assessed from the third to the eighth ple believe in, that clearly a group of rights, antidiscrimination, yes, but grade, what is wrong with that? I will bipartisan Senators, who put these ac- this? I think we are going to rue the argue you have to do it. And that is my countability provisions in the bill, be- day we did this. side of the argument, which I tried to lieve in, and that this President be- There is a rebellion right now in the make. But what is wrong with it? Why lieves in. country that is developing. People are will we rue the day that we give the op- I believe that is a disservice to the going to say: You voted to make us do portunity for a third grader or a fifth underlying bill and to the intent of this? Where did you get off thinking grader or a seventh grader the oppor- what this Congress and this President you were the ones who had the author- tunity to figure out why they are not has in mind; and that is, to leave no ity to do that? I think this is a real being served well? Why do you object child behind. Federal reach. to having third, fourth, fifth, sixth, or Mr. President, I yield the floor. My third point is, this is a real dis- seventh graders assessed? The PRESIDING OFFICER. The Sen- agreement we have with my colleague Mr. WELLSTONE. I thank my col- ator from Minnesota is recognized. from Tennessee. My colleague is a very league for the question because then I Mr. WELLSTONE. Mr. President, I gifted doctor, and everybody gives him think Senators can have a clear picture know my colleague from Nevada needs full credit, of which he richly deserves, of the amendment on which we are to speak, too, so I will just take a cou- but this is not trying to find out if a going to vote. ple minutes to respond. child has a heart problem. This amendment does not say it is First of all, the Senator from Ten- Mr. FRIST. Will the Senator yield for wrong to do that. This amendment nessee talks about the importance of a question? does not say it is wrong to do the test- accountability. I was an educator, a Mr. WELLSTONE. I will be pleased ing. This amendment does not say it is college teacher for 20 years. I do not to yield for a question. But with all due wrong to do the testing every year. give any ground on accountability. The respect, we already know—I have been This amendment says, if you are going point is not to confuse accountability, in a school every 2 weeks for the last to have a Federal mandate that every testing, and standardized tests as being 101⁄2 years. We know what is not work- child is going to be tested every year, one in the same thing. ing and what needs to be done. It is ab- you better also have a Federal mandate We have had two amendments that solutely no secret. that every child is going to have the have been adopted which I think will at We know that children, when they same opportunity to do well. least make the testing, and hopefully come to kindergarten, are way behind. One of the major commitments we the assessment, accurate and done in a We know children who have had no pre- have not made is the title I money. better way. kindergarten education. We know of That is why the Governors in their let- This amendment does not say that the dilapidated buildings. We know of ter said we favor this trigger amend- you do not do the testing. I may have the overcrowded classrooms. We know ment. We want to make sure that they an amendment next week that goes of kids having three or four teachers in also, with the tests, get the resources. right to the heart of that question with 1 year. We know of kids who are taught That is all this amendment says. Senator HOLLINGS, and others, but that by teachers who aren’t certified. We Mr. FRIST. Mr. President, will the is not what this amendment is about. know kids go without afterschool care. Senator yield for another brief ques- Everybody in this Chamber has been We know of the disparity of resources tion? saying they are for accountability and from one school district to another. We Mr. WELLSTONE. I am pleased to that we are also going to get the re- know what the affluent children have yield. sources to the kids. We have to do going for them versus what the poor Mr. FRIST. First, the Senator from both. You can’t do this on a tin-cup children have going for them. We know Minnesota just said he thinks we will budget. We have to walk our talk. Sev- all that. We know we fund Early Head rue the day we decided to assess the

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.055 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5933 students. My assumption was that he Tennessee. A lot of these resources are I don’t understand the relationship. feels all students should not be tested, key to prekindergarten, key to extra Why would you punish the child and that we already know what the prob- reading help, key to afterschool pro- eliminate the opportunity to diagnose lem is. I thought that was what he grams. This is really important. That her problems based on funding? Again, said. And I asked him was he against is all this amendment says. why would one hold this ransom for, the assessment because there was not Did I answer my colleague’s ques- again, huge amounts of money, if you enough money going for it, but that he tion? are not trying to link the two directly? agrees assessments are the right way The PRESIDING OFFICER (Ms. Unless you are trying to bring down to go? If so, that is very important. I STABENOW). The Senator from Ten- the whole bill. do not believe that is what he implied nessee. Mr. WELLSTONE. Madam President, in his earlier comments. Mr. FRIST. Madam President, I if I wanted to try to bring down the Mr. WELLSTONE. I say to my col- would like to ask the Senator to clar- whole bill, I would have an amendment league, fair enough. I will say to my ify again. The amendment is set up out here to bring down the whole bill. colleague publicly, I have a couple dif- such that if $24 billion is not appro- Maybe I will, and it won’t be success- ferent views. priated—for people not in the Senate, ful. I am still trying to actually im- First, the amendment. First, let’s be that is where much of the action really prove the bill, just as we did on testing. clear about the amendment. The is, and I agree with the Senator in I say to my colleague, we already have amendment, you will be pleased to terms of the importance of appropria- accountability with title I. That is law know, does not say no to testing at tions and authorization—this President right now that is on going. all—not at all. It simply says we ought has basically said he is going to put My second point is, this is an honest to live up to our commitment on the more money into education than any difference. My colleague’s concern is resources. That is all. That is all it other President has in the past. I think that we won’t have a test, that some- says. That is it. If we do not, it says to that is important. how that will be nixed. My concern is But from the assessment end, the States: Look, if you do not want to do that if we just do the tests and make ransom for the assessments is that if it, you do not have to. That is the every school, every school district, $24 billion is not appropriated, the amendment. every child take the test every year, 8, amendment cuts the heart out of the Above and beyond that, I will say two 9, 10, 11, 12, and 13, but we do not live education reform bill, which means we other things to my colleague from Ten- up to our end of the bargain of pro- will not be able to determine with as- nessee, who I know has shown a very viding the resources so that the chil- sessments whether that seventh grade strong interest in education over the dren can do well on the test—extra girl has learned how to read. years. In our State—I am sure it is the help for reading, prekindergarten, after I am asking, if it is really just the school—then the only thing we have case in Tennessee—we are doing the money, why is he linking it to the testing. In fact, by the way, by what we done is we have set them up for failure. heart and soul of the bill? I don’t want to do that. I think that is passed for title I several years ago, we Mr. WELLSTONE. We have a letter are just starting to get the results of cruelty. from the Democratic Governors that I cite again the study from Senator that testing, for which I voted. We are says: doing the testing. The only thing I am GRAHAM which showed that poverty [Above and beyond] the Carnahan/Nelson predicts 80 percent of the students’ telling you is that there is a difference amendment, we are hopeful the final version scores right now. I am not surprised. I between our school districts and our of the legislation to reauthorize ESEA will have been to school every 2 weeks for States deciding they want to do it be- apply a funding trigger more broadly, spe- the last 101⁄2 years. I know that. So far, cause it is the right thing to do and the cifically to include title I. This is the main I haven’t heard any compelling reasons Federal Government telling them they source of federal assistance for disadvan- against this. have to do it. I just think it is an im- taged students, and the Federal Government needs to back its efforts to strengthen ac- For Democrats, our party, we have portant distinction. I do not know countability with adequate new investment. been out publicly saying that we are where I come down on that final ques- The reason they are tied together is committed to the resources that go tion yet. I just think it raises an im- that they go together, for God’s sake. with the testing. It is time to walk the portant philosophical question. You can’t test every child without also talk. Then the second point I make is that making sure these children have an op- I know there are going to be some there is also a distinction between portunity to do well on the tests. Of other Senators who will speak. I want what we did several years ago with course, they go together. This amend- to go on to another aspect of this. I title I, which is a Federal program, ment simply says that the tests au- have spent some time on this, but this saying we also want to see the testing thorized need not be implemented until is a little different. This has to do with and the accountability versus telling after the title I appropriation has why testing actually can do more harm every school district in Tennessee and reached the level we said. than good if we don’t give the schools every school district in Minnesota you We said, 79 of us, we are going to ap- the resources to do better. I have not will test every child every year—not propriate this money; we are going to made that argument yet. every other year—but every year. That make sure that with the accountability I will start out quoting the Com- is sweeping. comes the resources for the kids to do mittee for Economic Development, My amendment is not about that well. We went on record. which is a strong protesting coalition question. I just raised that question. I Now I have this amendment that says of business leaders who warn against haven’t resolved that question. I will we make the commitment to Min- test-based accountability systems that tell you one thing I have resolved, nesota, Michigan, Tennessee, and ev- lead to narrow test-based coaching which is what this amendment is erywhere else, if we don’t live up to our rather than rich instruction. I will tell about. The worst thing we can do is to end of the bargain and you decide you you what happens. We don’t give the pretend we don’t know what the prob- don’t want to do the test, you don’t schools the resources. In this par- lems are and not make the commit- have to. By the way, many States are ticular case, I am talking about title I. ment with both the IDEA program and doing it. It is up to them. That is a real commitment on our part. title I, which are two of our major pro- I am becoming a decentralist. I am They are going and you are going to do gram resources, so that we basically becoming the conservative Republican the testing, and the testing is also set everybody up for failure. That is in this debate, apparently. going to determine consequences for the worst thing we can do. Mr. FRIST. My great fear is, if this those schools, whether they are sanc- If you want to argue that money is amendment passes, let’s say we put $22 tioned, whether principals are re- not a sufficient condition, I agree. I billion in, you have destroyed the ac- moved. think it is a necessary addition. We can countability, the heart and soul of this Do you know what happens when go through the Rand Corporation as- bill, the opportunity to give that sev- they don’t have the resources and this sessment of title I and other assess- enth grader the opportunity to have is what you do? It leads, I say as a ments of title I programs. I can talk the diagnosis made of why she is fail- teacher—I am not a doctor; my col- about Minnesota. You can talk about ing. league is a doctor—it leads to the

VerDate 11-MAY-2000 02:09 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.058 pfrm03 PsN: S07PT1 S5934 CONGRESSIONAL RECORD — SENATE June 7, 2001 worst kind of education. Do you know strong accountability to ensure that generation. We have to couple reform what they are going to do? It is what we do not leave any child behind. with a significant increase in spending they are doing right now. You drop so- If this amendment is adopted, we are to which we have agreed. cial studies. You drop poetry. You in a significant way putting at risk the I yield the floor. don’t take the kids to the art museum. entire bill because accountability is Mr. WELLSTONE. Madam President, And you have drilled education where the heart and soul of the bill. This is 2 minutes. the teachers are teaching to the tests where I think the real progress will be The PRESIDING OFFICER. The Sen- because they are under such duress. made; that is, making the diagnosis so ator from Minnesota. That is exactly what happens. we know how to invest education dol- Mr. WELLSTONE. First, for my col- For example, in Washington State, a lars and resources. This is the spirit of league to say if Senators vote for this, recent analysis by the Rand Corpora- reform. the testing might not take place is as tion showed that fourth grade teachers All of it depends on knowing where much as saying, therefore, we are not shifted significant time away from students are and being able to follow going to live up to our word. If my col- arts, science, health and fitness, social their progress over time so we can in- leagues vote for this amendment, the studies, communication and listening tervene at an appropriate time. testing will take place because I as- skills because they were not measured It is interesting. We talk about dol- sume we are going to live up to our by the test. lars. We will be talking about assess- word. Seventy-nine of us already voted I do not know if I am making the ments and dollars, and in the amend- for this. case the way I want to make the case, ment they are linked together. I do not All this amendment says is we are but the schools that are going to be think some sort of ransom should be going to be clear to States and school under duress are the ones where the placed over this bill. We have the ap- districts that we are going to live up to children have not had the same oppor- propriations process that is going to our commitment of resources. That is tunity to learn. They came to kinder- deal with the reforms we put into the first point. garten way behind, and we are not place. The second point—my colleague from making a commitment to early child- If we go back to 1994, the Democrats Tennessee left—to say this is more hood. passed a law which required States to modest than in 1994, my God, we are Now what happens is because of develop broad comprehensive reforms telling every school district in every this—and I see my colleague from New in content, curriculum, and perform- State they have to test every child, Jersey, and I will finish in 3 minutes so ance standards. To align those reforms every year, ages 8, 9, 10, 11, 12, 13. That he can speak; I thank him for being with all of the new assessments, much is not modest in scope. here—now because of this duress, what more would need to be added to the bill At the very minimum, transitioning we have is these schools are dropping we are debating today. to the Senator from New Jersey, what social studies, art, trips to museums Immediately after passage of that I am saying is, if we are going to have because they are not tested and the law, the President’s request in 1994 for a national mandate of every child teachers are being asked to be drill in- discretionary education funding in- being tested, then we ought to have a structors. cluded a $484 million spending cut. The national mandate of every opportunity Guess what. Some beautiful, talented Democratic President’s request to cut for every child to do well. I reserve the teachers are leaving teaching today be- spending was coupled with those new remainder of my time. cause of this. This is crazy. We better reforms. In the end, the Democratic Mr. CORZINE. Madam President, I give them the resources. Congress passed an appropriations bill could not agree more with my distin- I say to my colleague from New Jer- that contained a tiny 0.012-percent in- guished Senate colleague and friend sey, this is a classic example. The Ste- crease. That is tiny. That is essentially from Minnesota. I rise in support of his vens Elementary School in Houston flat, and therefore provided no new amendment which ensures we not only pays as much as $10,000 a year to hire funding for those new reforms. test our kids, but we actually provide Stanley Kaplan to teach teachers how I say all of that because they estab- promised resources we have talked to teach kids to take tests. According lished new reforms in assessments and about over and over in this body to im- to the San Jose Mercury, schools in testing but did not match investment prove educational quality. He believes East Palo Alto, which is one of the with assessments. This is the issue we and I believe, and I think common poorest districts in California, paid have been talking about the last couple sense argues, that unfunded mandates Stanley Kaplan $10,000 each to consult of hours. that are put upon our local school dis- with them on test-taking strategies. The provisions in this bill are more tricts only aggravate disparities we al- According to the same articles, modest. I favor what is in the bill now. ready have about how our children are schools across California are spending I favor the principles the President put educated. We ought to make sure we thousands to buy computer programs, on the table, and I think we are going start putting money where we are put- hire consultants, and purchase work- to benefit children greatly with it. We ting mandates on our communities. books and materials. They are rede- have the commitment of the President Before I discuss the amendment, let signing spelling tests and math tests of the United States and at least this me thank Senator WELLSTONE for his all to enable students to be better test side of the aisle to increase education leadership on a whole host of these takers. funding by 11 percent. It may be a lit- educational matters. It is terrific how Forget sense of irony. Forget child- tle bit less; it may be a little bit more, he has spoken out about leaving no hood. Forget 8-year-olds experiencing but it will be about 11 percent. child behind. I am very grateful for his all the unnamed magic of the world be- It is ironic to me as we talk about as- dedication to quality education for all fore them. Forget teaching that fires sessments and measurements, that the of our kids, and I am sure the country the imagination of children. Drill edu- broad reforms in 1994 under different benefits. cation to taking tests: it is education- leadership had essentially flat funding. I agree we need to build more ac- ally deadening. That is another reason Yet under this President, we have re- countability into the system. Students, why without the resources this is not a forms which are not quite as ambitious teachers, and administrators need to be big step forward. This is a huge leap in terms of testing, but we have an in- held accountable for results. I come backwards. crease in education funding of over 11 from the business world. We look at Madam President, I yield the floor percent. People ought to remember bottom lines. We ought to get to and reserve the remainder of my time. this historic perspective as we continue stronger and stronger results. Congress My colleague may want to respond. this debate. should be held accountable, too, and The PRESIDING OFFICER. The Sen- I am thankful for the opportunity to that is the purpose of this amendment. ator from Tennessee. talk about the assessments, the heart Accountability measures focused Mr. FRIST. If I can take 2 or 3 min- of this bill. Again, money is not the an- only on our kids, schools, teachers, and utes. Madam President, as I spelled out swer. We have tried it for the last 35 administrators just do not seem earlier, this amendment is the heart of years, and we are failing. We are failing enough to assure that our children get what President Bush put on the table: our students; we are failing the next an adequate education.

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.061 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5935 As the Senator from Minnesota has in there and I stood for authorizing press my appreciation to him for rais- spoken about several times today, 79 title I funds for all our kids. Many peo- ing this amendment. This is not a Senators supported an amendment to ple in the country hear we have done unique approach. We have taken on increase the authorization for the title that and they think we have fully fund- matters where we linked financing I provisions in this bill to move that up ed it. As my colleagues know, an au- with obligations. One of the constant to $24 billion-plus in the year 2005. Sev- thorization is little more than a prom- complaints we receive as Members enty-nine Senators voted in support of ise, and all too often it is an empty when we return home to our respective that. With that vote, we made a prom- promise. States and speak with our mayors and ise to millions of children who live in In my view, when it comes to pro- Governors, our local legislators, we disadvantaged areas that those prom- viding quality education for all of our often hear, regardless of the jurisdic- ises of better schools and greater op- children, we need to make sure the tion—Minnesota, Connecticut, Michi- portunities would be real. We need to promise is real. We need to put the gan, New Hampshire, Massachusetts— make sure that was not an empty money where the authorizing words you folks in Washington like to tell us promise, political rhetoric, or cynical state they should be. We must provide what we need to do, but you rarely posturing. our schools with the resources to help come up with the resources to help us We have been underfunding the title students achieve their full potential. do what you tell us we have to do. I program for years. Never in the entire We must address the glaring disparity We have gone through an extensive history of the program, which began in in resources that undermines Amer- debate as part of this discussion on spe- 1965, has Congress fully funded the pro- ica’s sense of fairness and equal oppor- cial education. We made a commitment gram. Then we hear we are not getting tunity. We want to hold every child to as the Federal Government years ago the results we are supposed to be get- high standards. We must provide every that said every child ought to have the ting when we do not put the resources child with the opportunity to meet opportunity for a full education, as that actually deliver the goods on pre- them. We have to hold ourselves to much as they are capable of achieving, school or afterschool programs or read- high standards. and that special education students ing programs and the other issues I urge my colleagues to support the would be a part. about which people are talking. We amendment of the Senator from Min- We promised we would meet 40 per- complain but we do not put the re- nesota. Let’s test our kids but get real cent of the cost of that as a result of a source there to make sure we can de- and provide the resources we have been Federal requirement. That commit- liver in those places where they don’t promising to ensure quality education ment was made 25 years ago. It took 25 have the resources to provide the edu- for all. years, until just recently, as a result of cational opportunities other places in Mr. WELLSTONE. I will give the the efforts of the Senator from Massa- the country have. Senate a bit of background. This chusetts, the Senator from Vermont, We have seen the educational dollar amendment tracks the amendment Mr. JEFFORDS, Senator COLLINS, my that the Federal Government provides that Senator DODD worked on with colleague from Minnesota, and many for education shrink from 12 cents to 7 Senator COLLINS. The Senate went on others, who said we were going to have cents, with some talk about 6 cents. We record—79 Senators—saying we would to meet that obligation, financially shrink that and we wonder why we get make this commitment to title I and supporting the special education needs disparate results. over a 10-year period we would have of the country. As a result of their ef- Title I is a critical program if we are funding. forts, we have included in this bill a to ensure all children in our society are I don’t think the Senator would dis- mandatory spending requirement to provided with meaningful educational agree, as much as I was for it, in some meet those obligations. and economic opportunity. Title I is ways I very much regret we could not I raised the issue about 12 years ago the engine of change for low-income have said full funding in 1 year. For a in the Budget Committee and lost on a school districts across this country. 7-year-old, 10 years is too late. tie vote. The program is used to train teachers, In any case, this amendment says by Why do I bring that up and discuss it to provide new technology for students, 2005 the Senate went on record saying in the context of this amendment? If to support literacy and afterschool pro- we ought to be spending $25 billion on we fail to adopt this amendment that grams, and to promote preschool pro- title I because that puts us on track for the Senator from Minnesota has sug- grams, a whole host of items that will full funding, gets more resources to gested, in 5, 10, 15 years, we will have a make a difference and to make sure schools and our children, more help for similar demand made by the very peo- every child has a comparable education reading. It can be prekindergarten; it ple asking us today to fulfill the finan- from one community to the next. can be technology; it can be more pro- Together, these initiatives have prov- fessional training for teachers; it can cial obligations that we owe as a result en effective where they have been ap- be afterschool programs. of mandating special education needs. plied, raising test scores and improving This amendment says, if we do not People may not like that compari- educational achievement. But we have live up to our commitment, the States son, but that is a fact. We are saying to to have the resources. It has been un- and school districts, if they do not these students, across the country, dis- derfunded for far too long and too want to do the testing, do not have to. regarding States and in a sense local- many kids have been left behind. The It is up to them. No one is telling them ities, here are some standards we ex- engine of reform needs fuel. they can’t do it, but it is entirely up to pect you to meet. We are willing to au- Let me be clear. I support testing. I them. We have been saying over and thorize, as we did by a vote of 79–21, think it is a good idea. I am not sure over and over again, with account- some substantial sums of money to much of what we are putting in place is ability comes resources. I wanted to allow for full funding of title I as a re- a good idea, but I support testing. By give my colleague a bit of background. sult of the heroic efforts of my friend itself, testing is not enough. I am sure My other point is, if we are going to and colleague from Maine, Senator it gets our priorities right. What good have a mandate of every child being COLLINS, along with 78 others in this does it do to test kids if we do not pro- tested, we better also have a national Chamber. We went on record, with a vide the tools needed to respond to bad mandate of every child having the rather overwhelming vote. This was test results and, more importantly, same opportunity to do well. Since the not a 51–49 vote. Almost 80 Members of even prepare for the tests. It would be title I program is one of the major the body said full funding of title I is similar to diagnosing an illness and re- ways we at the Federal level make a something we ought to do. fusing to prescribe the drugs needed to commitment to low-income, disadvan- If this bill is going to work, we ought cure it. That does not make sense. taged children, we ought to live up to to fully fund this program. We said This amendment stands simply for our word. That is what this amendment over 10 years. truth in legislation. It is easy for Con- says. I would have preferred if it was a gress to authorize funding for pro- I yield the floor. more brief period of time, but we have grams. It makes political campaigning Mr. DODD. I thank my good friend to accept the realities. I think it is im- a lot easier to go out and say: I stood and colleague from Minnesota and ex- portant to note that it occurred. It is a

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.063 pfrm03 PsN: S07PT1 S5936 CONGRESSIONAL RECORD — SENATE June 7, 2001 true expression of the desire of Mem- percent. I think that would probably school and the ability to access the bers here, regardless of party or ide- come as a shock to most Americans technology available. ology. As a result of the demands we who send their tax dollars to Wash- You cannot have teachers who know will make in this legislation, we are ington to discover that less than 2 nothing about the subject matter fully prepared to do something that cents on every dollar the Federal Gov- teaching math, science or reading. kids on the corner often say to each ernment spends actually goes to ele- They cannot do it. Don’t expect a child other: Put your money where your mentary and secondary education. I am anywhere to learn under those cir- mouth is. excluding higher education. cumstances. We have had a pretty good mouth We have all heard the speeches given The fact is, in more schools around when it comes to telling the country around the country of how important the country, those are the realities. I what they ought to do. The question is this is, that any nation that ever ex- wish I could magically wave a wand whether or not we will put the money pects to improve or grow has to have and automatically guarantee that up to back up and support the demands an educational system that creates the there will be these tools available. But we are making here. opportunities for its people. So this is none of us possesses that kind of I think the amendment offered is one about as important an issue as there is. power. You have to have the resources that is important. It says, obviously, if When you talk about economic growth, to do it. you want to live up to those commit- economic stability, education is about So to go out and test a bunch of kids ments—we are asking schools to be ac- as important an issue as you can dis- who have not had the support and countable, to be responsible—then we cuss. If we fail to have an educated backing necessary for them to be accu- should as well. We cannot very well de- generation, all the rhetoric, all the de- rately tested has structured a very mand a third grader be responsible or cisions by the Federal Reserve Board, cruel arrangement for this Congress fourth grader or fifth grader or some all the decisions by the Treasury, all and this administration to impose. It is impoverished rural district or urban the decisions made by Wall Street, will going to produce predictable results. district—as we demand accountability not mean a lot if we do not have an So I think the Senator from Minnesota from a superintendent of schools, a educated population able to fill the has properly asked us to do what any principal, a teacher—and then we duck jobs and perform the work needed to mayor, any Governor, any school board our responsibility here. keep this economy and our country or principal or superintendent would There is a long and painful history strong. ask of us. I think what they are saying where demands have been made by this This is the first step. If we get this to us—my colleague from Minnesota government on our localities and our wrong, then the likelihood we will suc- can correct me—they are saying: Look, States and then we have failed to back ceed at every other point is reduced we accept the challenge you imposed up those demands by failing to provide dramatically, in my view. I do not on us. I know my friend from Min- the resources to accomplish them. think that is a unique perspective. I nesota and I have heard from a number This is about as critical an area as suspect if you were to ask the 100 Mem- of people who have questioned the wis- can be, education. I do not want to see bers of this body whether or not you dom of this annual testing idea as a us coming out of this with a self-ful- could have true economic development way of somehow proving whether or filling prophecy of failure. I don’t want and true economic stability and suc- not kids are doing better. I get very cess without a strong educational sys- us to know going in, as a result of the uneasy about what teachers are going tem, I do not know of a single Member paucity of resources, that young chil- to be teaching. It is what I call turning of this body who would accept that as dren living in some of the toughest our schools into test prep centers areas of the country are deprived of the a likely conclusion. What we are saying is, if that is the where you spend half the year or more resources necessary so they can maxi- case, then should we not link this issue of it getting the kids ready to do well mize their potential. As we begin this of providing the resources necessary to on the tests because the teachers, the testing process, year in and year out, the title I program, which has proved superintendent, the principal, the Gov- as we watch the scores not improving to be so successful, and to say that be- ernor—everybody wants to look good because the title I funds are not fore we start demanding these tests and pass the test. I don’t know whether there—and by the way they work. Title and so forth we are going to see to it you learn anything or not, but you pass I funds work as we know based on all that these young people, and these the test. I get nervous about an edu- sorts of examinations and studies that communities, are going to have the re- cational system that is more geared to have been done. Therefore, it seems to sources to get the job done? That, it passing some test so more of the ‘‘po- me we want to have funding. seems to me, is only fair and right. If litical’’ people can have bright stars at- My colleagues and I were at recent the resources are not going to be there, tached to their names. meetings at the White House. I don’t does anyone doubt, can anyone stand I think testing is valuable, but your believe we should go into the details of up and say if the resources are not educational system is geared toward those meetings. The President was gra- there, that these children, the most those testing requirements rather than cious enough to invite us to those. He needy in the country—in rural and educating children. I certainly think cares about education a lot. I have no urban America, most of them—are math and reading are very important— doubt that President Bush cares about going to be able to do better on these but I also think science is important, I it. He made that point when he was tests? think history is important, I think ge- Governor. He provided evidence of it. If you do not have the resources to ography is important, I think lan- He has spoken out about it numerous make these environments better, there guages are important. My fear is in times and gone to schools all across is no doubt about the outcomes. You some ways we are going to get so fo- the country. So the fact that we are of are not going to hire the teachers who cused on a couple of disciplines which different political parties or persua- are qualified. You are not going to are critical—very critical, essential, sions is not the point, obviously. I am have the tools necessary. That is just a Madam President—but at the expense willing to believe that his slogan that fact. of a lot of other areas which are also he used a lot during the campaign of There is more empirical evidence to critical for the full and proper develop- ‘‘leave no child behind’’ is sincerely support that statement than anything ment of a child’s educational needs. and deeply felt. I know of. Over and over again we are You do not have to be an educational All I am suggesting, as are the Sen- told it will not work if you do not have genius to know what can happen if you ator from Minnesota and others who the tools. No matter how strong the de- are just geared to getting the class to support this, is to see those achieve- sire, no matter how ambitious these pass the Federal test in order to keep ments. I believe this President wants parents or these children may be, they the school open. I am very worried to see these kids do better. That is have to have the tools. You cannot be about that. what we all want. in a classroom with 40 kids and learn. But I will put that aside. I will put We spend less than 2 percent of the A teacher cannot teach. my worries aside for a minute. I am entire Federal budget on elementary You cannot get ready for the 21st not the only one worried. This is not and secondary education—less than 2 century economy without a wired just Democrats and Republicans who

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.066 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5937 are worried. I think parents out there We only debate this bill once every 6 raised this afternoon, including the who may not know all the nuances of years. I suspect many of us on the floor statements from my good friend from this bill are worried. People who work today may not be here the next time Connecticut. We are already testing. hard in school every day will tell you the Elementary and Secondary Edu- Forty-six States currently administer they know what they are going to end cation Act is debated. If it were de- annual reading and math tests in two up doing. But we will put that aside for bated every year, I might wait until or more grade levels. a second. next year to try it. But if we don’t pro- Adequate yearly progress in current At the very least, if we are going to vide the funding in the language here law, as well as in this legislation, will demand this in tests, it seems we have that provides for it, a half a decade or be based upon the tests that were held to have the kid prepared, at least give more will go by before we are back last year. That legislation is currently them a chance to do well. again discussing this. in place. It is happening in my State. I If the resources are not there for I don’t want in this last debate for will spend some time later in my con- them to do well, then I think we all the next 5 or 6 years, where we man- versation to go through the scores of know what the results are going to be. date this testing and mandate these States that already test in grades 3–8. That is really what this amendment is standards from Washington to every That is already taking place. all about. Maybe it is more com- school district in America, to then No one argues with the point about plicated than that. But I don’t think it stick our hands in our pockets and ensuring that all students will be pre- is. walk away and tell them we are not pared to take these tests. However, it Take the environment, or transpor- going to give them the resources nec- is not quite that easy, even with the tation, or any subject you want. No one essary to achieve success. I am con- full funding for title I. We are not pro- would suggest that you can anticipate fident they can achieve. viding full funding for the Head Start high performance without the re- We have no obligation to guarantee Programs—only 40 percent. We are not sources being there to help you achieve any American success. But we do have providing full funding for the Early it. Yet in the education field we seem an obligation to guarantee every Amer- Start Programs. All are enormously to be indulging in a fiction that some- ican the opportunity to achieve his or important for our children to progress. how we can set the standard and de- her potential. That is a responsibility But a number of States are doing a mand the test, hold back the resources, that I think I bear as a Member of this very good job. and expect the students to reach it. I body. I am going to be hard pressed to On the idea that we were going to ef- fectively end any assistance to those don’t know where else you could ever vote for a piece of legislation that de- States after we accepted the amend- imagine that kind of result to occur. mands success without giving these We seem to be anticipating 50 million kids the opportunity to prove what ments from the Senator from Vermont children around America, if the bill is they are capable of. in terms of effectively saying if we passed and signed by the President The Senator from Minnesota has of- don’t get the funding for effective shortly thereafter, having to meet fered us an amendment which would tests, that we are not going to be obli- gated to do it, we have accepted the these tests. It is fewer than 50, because complete the circle by requiring the Wellstone amendment in terms of qual- we are talking about grades 3–8. What- tests but providing the resources that ity; we have accepted the Wellstone ever that number is of kids in elemen- will allow us to judge fairly whether or amendment for increased funding; we tary and secondary school—perhaps it not these children, their parents, and are going to make the battle in terms is 30 million who are in our elementary their schools are meeting their obliga- tions. I thank my colleague for offering of funding for those programs. schools. So 30 million kids will start to But those tests which the States are be tested. You are not going to have the amendment. The PRESIDING OFFICER. The Sen- using under this legislation are hap- the resources necessary to help the ator from Minnesota. pening today in 46 States. The question hardest hit schools in America ensure Mr. WELLSTONE. I know other peo- is, How are we going to have those that the children are well prepared. ple desire to speak. I would like to take tests? What I think the Senators from I realize this amendment is trouble- 20 seconds to say to the Senator from Minnesota and Connecticut, and I some to people. They prefer that we Connecticut that, try as I might, I can- think on all sides of the aisle, want is don’t demand this. But just as we de- not say it as well as he did. I thank not punishment for students but in- manded special education for children him. We thank each other all the time. struments by which we can determine without resources, until finally people But what he said was so powerful. Hon- what children are learning and what were banging on the doors of Wash- est to God, it was so powerful. I really they are not learning: We want tests ington and saying, ‘‘You people prom- do believe having national testing that will be responsive to curriculum ised to help us do this,’’ I suggest we without any guarantee of equal oppor- reform with well-trained teachers in get ahead of their argument and pro- tunity to pass the test, and the oppor- those classrooms. It is going to take vide the resources as a result of the tunity to do well, is ethically unjust. some time. But we have recognized amendment of the Senator from Min- What we are trying to say with this that we are going to try to use quality nesota, and then go forward with it. amendment is let’s give these children tests in an effective way to enhance I am prepared to support this. But I the opportunity to do as well as they children’s learning. say to my friend from Minnesota, as can. I thank him. I am not going to take a good deal of hesitant as I am about supporting test- I yield the floor and reserve the re- time, although I had the good oppor- ing in the third, fourth, fifth, sixth, mainder of my time. tunity in Massachusetts last week to seventh, and eighth grades—by the The PRESIDING OFFICER. The Sen- appear at a conference sponsored by way, if it were one test, I wouldn’t ator from Massachusetts. Mass Insight, and also to meet with mind. This is Federal. Forget about the Mr. KENNEDY. Madam President, I Achieve—a nationally known organiza- State and local. On average, there are yield to no one in this body in my bat- tion that has been working on account- about five tests that kids have to go tle to seek full-funding for the title I ability for several years. through during a year. I am willing to program. I joined with the Senator When I met with Achieve, they re- accept that. But I have the outrageous from Connecticut and the Senator from ported that 22 schools in Massachusetts demand that we provide the resources Maine on the amendment to authorize have made significant progress using to these schools so these kids have a full funding for title I. I have supported tests and demonstrating, with measur- chance to demonstrate what they are additional funding in this bill, in terms able results, how students have been capable of. of professional development, bilingual making progress. Those tests are being If you are telling me that I can’t programs, afterschool programs, school used well and effectively. No one have the resources to at least give construction, and the other programs. stands to defend poor quality tests that them a chance to prove how bright We are going to make every effort to may, in fact, be detrimental to chil- they can be, don’t ask me to require a ensure that reforms are accompanied dren. But, the Senator from Min- kid to take a test that they can’t pos- by resources. nesota’s premise that if we do not get sibly pass and set them up for failure But I have to really take issue with to the full funding for the Title I pro- in life. some of the points that have been gram within 4 years, that we cannot

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.068 pfrm03 PsN: S07PT1 S5938 CONGRESSIONAL RECORD — SENATE June 7, 2001 provide for high-quality tests and good Jeremiah Burke High School. The said that in my own mind it is an in- school reforms, is flawed. Choosing not Burke school lost its accreditation 6 teresting question as to whether or not to commit to developing good instru- years ago because of the low-level of the Federal Government ought to be ments of educational assessment and education that was being offered at telling every school district in every high standards that will drive cur- that school. This year, the school has State to do this. I have never said I am riculum reform, teacher reform, edu- one of the lowest dropout rates in the opposed to accountability. I was a col- cational reform, and accountability in city of Boston. And every single stu- lege teacher for 20 years, and I do not those communities, I think, just misses dent has been accepted to college. High tend to give ground on this issue. the point. expectations, high standards, and the The reason I have had amendments Our bill in the Senate requires States assessments needed to measure to try to make this testing of high to develop assessments in grades 3 progress. quality is because, if this is going to be through 8 in math and literacy, with At the Burke school, they use tests done, it has to be done the right way. the understanding that those subjects to identify student weaknesses, and de- But there is more to this legislation. are vital to the future educational suc- velop what is almost an individualized My colleague from Massachusetts cess of children. If students do not curriculum and academic program for says we are already doing this with know how to read, they cannot learn. If each student in need of extra help. This title I. That is right. This legislation they do not know mathematics, they is not a school that has great financial requires every school district to test cannot continue their education, and resources, but to the credit of the prin- every child—not just title I children, they will not be able to survive in the cipal, the Burke school was received every child, every year. modern economy. So, we have made a with great excitement by parents and I have heard Senator after Senator commitment in this bill to ensure that the local community for the academic after Senator say we ought to, along States develop and implement tests in progress that has been made in the with the mandate of testing every those subject areas. school. child, have the opportunity for every But in the 1994 reauthorization of I am not prepared to accept an child to do well. That is all this amend- ESEA, we required States to admin- amendment that would propose to ment says. I cannot believe what I have heard in ister tests for school accountability at throw away meaningful and important this Chamber, which is that we are not least three times: one in grades 3–5, tools to gauge student achievement if going to live up to what we said. Sev- once in grades 6–9, and once in grades Congress cannot secure full-funding for enty-nine Senators voted for the au- 10–12. Some States have done a very all of the reforms included in this bill. thorization. We were going to fully good job of developing these assess- I do not think that is wise education fund title I in 10 years. It was going to ments. Some have not done so well. policy. I think such an amendment ef- be up to the level of $25 billion in 2005. But this bill seeks to build upon the fectively undermines this legislation. Right now we are only funding 30 per- progress made by those States who I take a backseat to no one in the cent of the children who are eligible. have developed high-quality assess- fight to increase funding for Title I and And now my colleague comes to the ments, and ensure that the additional other programs. But no member in this floor and says that is all fiction, that it body thinks we’ll meet the rate of in- assessments developed by States are of is never going to happen. the highest quality. crease for Title I called for in this If it is never going to happen, why, in I question the logic of discouraging amendment. God’s name, do we want to pretend it is high-quality assessment that will pro- We should not discard the tools that going to happen? Whatever happened to vide data to help improve education, if can help promote school success. I the idea that every child should have in Congress may not be able to secure think that we should accept the basic the same opportunity to succeed and 100 percent of the resources for reforms assessment provisions in this legisla- do well? across the board in Title I. I cannot un- tion, and take steps to monitor and I will say it one more time. I have derstand this, as much as I fight for in- watch State’s progress toward ful- heard a million people—I am the one creased funding for enhanced profes- filling the promise of those provisions. who first said it—say you cannot sional development, afterschool pro- We are going to have to ensure that achieve the goal of leaving no child be- grams, technology, literacy programs, States develop and implement effec- hind on a tin-cup budget. You cannot and scores of other reforms essential to tive, quality tests. pretend to have education reform on a improve student achievement. We have taken steps, with the Collins tin-cup budget. I have heard Senator There are not many Members of the amendment, to review and financially after Senator after Senator say we are Senate who like increased funding as evaluate the costs associated with pro- going to do both accountability and re- much as I do. However, we should not ducing effective tests. I can commit sources. All this amendment says is, use tests as a scapegoat if we are not that as long as I am chairman of the not that States and school districts able to achieve all that we advocate Education Committee, we will have cannot test—they can; not that they for. We should not take out our frus- vigorous, vigorous oversight on this don’t want to go ahead with testing— trations that stem from insufficient particular issue. We will take the steps they can. What we are saying is, if we funding for Title I, on what have been that are necessary to alter and change do not live up to our commitment to recognized as effective instruments this situation if States do not have the provide the money for more help for that measure student achievement, and resources to effectively develop or use kids for reading, more prekindergarten help teachers tailor instruction to assessments. education, more afterschool education, meet the needs of students. That But to eliminate provisions to pro- then the State can say they do not should not be our goal. vide for instruments that are being want to do the testing. I respect the opinion of my friend used as tools for reform by teachers We ought to live up to our end of the from Minnesota, and understand that throughout the country would be bargain. I cannot believe we are acting he does not regard assessments as hav- wrong. We should promote teachers’ as if the test brings about better teach- ing a critical role in school reform. I understanding of what children are ers; that testing leads to smaller class know that he feels too many teachers learning, and we should promote par- sizes; that testing means kids come to teach to the test, and that too many ents’ understanding of what children kindergarten ready to learn; that test- tests are used punitively, rather than are learning. Denying parents the op- ing means children get the help they constructively. I believe that his con- portunity to understand how their chil- need. None of that is happening the cerns are at the heart of this amend- dren’s school is performing makes no way it should. And title I is part of our ment. However, good tests can play an sense. commitment. important role in school reform. At the appropriate time, I intend to Can’t we at least live up to our Earlier in our consideration of this vote no. words? That is all this amendment bill I mentioned examples of assess- The PRESIDING OFFICER. The Sen- says. I yield the floor and reserve the ments working in tandem with efforts ator from Minnesota. remainder of my time. to reform schools, as has occurred in Mr. WELLSTONE. Madam President, The PRESIDING OFFICER (Mr. CAR- my own State of Massachusetts, at the first of all, let me be real clear. I have PER). Is the Senator from Minnesota

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.076 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5939 yielding time to the Senator from formance of students on tests is inex- the new tests authorized under title I Rhode Island? tricably, invariably linked to the in- need not be implemented unless title I Mr. WELLSTONE. How much time do come levels of those students and, as a appropriations have reached $24.72 bil- we have? result, the income levels of those lion by 2005. That was the amount au- The PRESIDING OFFICER. Thirty- schools. We all know the basic source thorized by the Dodd-Collins amend- five and one-half minutes. of funding for public education in the ment for the year the tests are sched- Mr. WELLSTONE. I am pleased to United States is the property tax. uled to go into effect, also 2005. yield 10 minutes to my colleague from Inner cities with declining property This amendment has widespread sup- Rhode Island. I also say, in 30 seconds values put less into their programs port: The American Association of right now, for month after month after than affluent suburbs. The reality is, if School Administrators, the Council of month, I have been hearing how we are we really want the system to work, if Great City Schools, the Hispanic Edu- going to get a commitment from the we want the tests to work, to do more cation Coalition, the Mexican Amer- administration of resources. We have than just identifying failure, if we ican Legal Defense and Education no commitment of any resources in want to guarantee success, we have to Fund, the NAACP, the National Asso- this bill when it comes to title I. I am put these resources in. That is the ciation of Black School Educators, the trying to make sure we live up to our heart of the amendment. National Council of La Raza, the Na- promises. I have also heard—and we hear this tional Education Association, the Na- The PRESIDING OFFICER. The Sen- every time we engage in a debate on tional PTA, and the National School ator from Rhode Island. education—we are doing so much worse Boards Association—all of these groups Mr. REED. Mr. President, I rise as a compared to other countries, particu- representing those individuals closest cosponsor of the Wellstone amendment larly European countries. We very well to the issue of education. The school and a strong supporter of the amend- may be. The answer, however, might boards, the PTAs, they recognize the ment. I believe what Senator not be testing. The answer might be logic and the wisdom of the Wellstone WELLSTONE is doing is calling our col- having a comprehensive health care amendment. lective bluff. We talk about high stand- system for every child. It might be to I hope we can recognize that logic, ards, high accountability for every have a program of daycare for every that we can support this amendment. school in America. We talk about not child, a very elaborate parental leave And, frankly, if our intentions are leaving any child behind. We talk program for every family. Maybe if we good, and I believe they are, this amendment will be merely hortatory. about authorizing significant amounts did those things, our test scores would If our intentions are good, we will ap- of money for title I. In fact, we have all look very good relative to France or propriate the money. We will reach come together, 79 of us, to vote for a Germany or Great Britain or other those targets. Testing will go into ef- substantial increase in title I spend- countries. So be very careful and wary fect. But if it is the intention or the ing—authorization, not appropriation, of these comparisons internationally. mishap that we vote for testing but we under the leadership of Senator DODD We know that we can improve the don’t vote for resources to title I, then and Senator COLLINS. quality of our education if we have ac- rather than ruing that day, we should What he is saying is, if we are all in countability, and that requires some vote for this amendment and provide a favor, if we have all voted for it, let’s testing. But we also should know and real check. make sure we do it. Let’s make sure we recognize, as Senator WELLSTONE does, do it in conjunction with the testing, I urge all of my colleagues to support that accountability in testing without the amendment. I yield back my time not after the fact, not testing first, real resources won’t make the dif- to Senator WELLSTONE. money later. Let’s do it together. ference we want to achieve. That is not That is very wise public policy. It re- The PRESIDING OFFICER. Who unique to Senator WELLSTONE. yields time? flects what we have all been talking A recent Aspen Institute report about for weeks and weeks now. I have Mr. GREGG. I yield such time as he noted: may consume to the Senator from Ar- heard in the course of the debate analo- In the effort to raise the achievement of all gies to other realms of endeavor, talk- kansas. American students, an extremely serious Mr. HUTCHINSON. Mr. President, let ing about the efficacy, the importance barrier is the huge disparities in resources me say a few words about this amend- of testing. We know testing is impor- for education across districts and states. It ment. Then I will speak on the bill in tant. There is no one in the Senate who is not unusual for per student expenditures general. does not recognize that if you test stu- to be three times greater in affluent districts than in poorer districts of the same state. Just reading the Wellstone amend- dents to see if they are making ment helps to clarify the argument and That accounts for many of the rea- progress, you have to evaluate the test the signal this amendment sends. It sons why some students succeed and scores of schools to see if they are ade- says: quate. No one is arguing with that others fail. The real test, in fact the es- No State shall be required to conduct any logic. sence of democracy in America, is not assessments under this subparagraph in any Let’s look at, for example, a medical what we say but where we send our school year if, by July 1, 2005, the amount situation. If you showed up in one hos- children to school. Many parents recog- appropriated to carry out this part for fiscal pital, you would get the same test as nize that when they purchase homes in year 2005 does not equal or exceed another hospital across town. But in areas that have good public schools $24,720,000,000. one hospital, you are discovered to versus those areas that are not funded That is, let’s fully fund—however we have a serious heart problem. They as robustly. define ‘‘fully fund’’—title I before we don’t have a lot of money, so they give Now, in addition, the Center for Edu- require this accountability and these you some chewing gum. The other hos- cation Policy concludes, in a recent re- assessments. The signal of this amend- pital across town has lots of money, so port, that policymakers ‘‘should be ment, the not-too-subtle message is they give you beta blockers and all wary of proposals that embrace the that the problem in our educational sorts of exercise counseling, nutrition, rhetoric of closing the gap but do not system in this country is there is not everything under the sun. You are be- help build the capacity to accomplish enough money. That is the less-than- sieged by counselors and therapists, that goal.’’ subtle message the Senator from Min- people organizing your life so that you Testing is just one aspect of that ca- nesota would send out to school dis- can deal effectively with this dis- pacity building. We have to have good tricts across this Nation: We are not covery. It is the same test, however, professional development, good paren- going to have accountability; we are with much different results. Senator tal involvement, and resources so that not going to require testing; we are not WELLSTONE is arguing, we will have the school building itself is a place going to have assessments under this those tests, but we want the same re- that children will want to go to and title until we triple the funding. sults. not try to shun and leave as quickly as If money were the issue, if simply Frankly, it is about money. It is they can. spending more money would solve our about resources. The difference, as he The Wellstone amendment is very education problems in this country, we pointed out so well, between the per- straightforward. It simply states that would have no education bill before us.

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.079 pfrm03 PsN: S07PT1 S5940 CONGRESSIONAL RECORD — SENATE June 7, 2001 If one looks at the last decade, par- that has been demonstrated in re- greater the academic achievement, ticularly in terms of the Federal Gov- sources. But increasing funding is sim- hence, the greater opportunity those ernment’s involvement, it has been ply not the answer in and of itself. children would have in the future, then about a 180-percent increase over the There are a lot of statistics that can we should be leading the world in aca- previous decade. Nationally, we have demonstrate that. Let me share a few demic achievement. After all, we are increased spending on education by of them. spending more per student than any about 30 percent, if one looks at every These statistics came from the most other advanced nation in the world. source of spending on education. recent 1998 National Assessment of What are the academic results inter- There have been dramatic increases Educational Progress, the NAEP test, nationally? A 1999 chemistry knowl- in education spending, but there has demonstrating that with the $120 bil- edge achievement on the TIMSS eighth been no—I repeat—there has been no lion that has been invested, poor kids grade test shows we are lagging way correlation to increased test scores and still lag behind those of more affluent behind Hungary, Finland, Japan, Bul- increased student achievement. backgrounds in reading. In 4th grade, garia, Slovak Republic, South Korea, While I do not doubt the sincerity of 8th grade, 12th grade, the areas in Russian Federation, Australia—we are the Senator from Minnesota, I question which we require testing, we can see way down in our achievement in the the logic and the message this amend- that gap is as real and as evident as it area of chemistry. We are spending ment sends forth. ever was. more, but we are not producing more. In the 1994 ESEA reauthorization, The whole reason the Federal Gov- This chart shows the 1999 algebra Congress required assessments in three ernment involved itself in local edu- knowledge achievement test in the grades. Those provisions were in effect cation was justified by our commit- area of math in the eighth grade. Once no matter how much or how little Fed- ment to narrowing the gap between af- again, we are near the bottom of the eral funding was provided. The fact is, fluent homes, advantaged children, and industrialized nations of the world. we did not pay for the testing that we those from less affluent homes and dis- South Korea cannot compare with how at that time required. In the bill before advantaged backgrounds. The experi- much we are spending per student in us, I believe we are more than increas- ment has been a monumental failure. this country, and yet they dramati- ing spending sufficient to meet the new We have invested billions of dollars, cally outperform American students. mandates that are being placed upon and yet we have not narrowed that gap. There simply is not the correlation be- the States. It is not time to reduce the resources tween spending and academic achieve- The Senator from Minnesota says we but to ensure with those resources ment that many would like to draw. are setting schools up for failure. I sug- there are genuine and real reforms that This next chart is 1999 geometry gest that what we are really doing is accompany the resources. knowledge achievement in the eighth freeing schools and freeing States to This is a graph demonstrating ESEA grade. Once again, looking at the in- make the kind of reforms to focus re- funding versus the NAEP reading dustrialized nations around the world sources where real academic achieve- scores. A chart such as this clearly from Japan to Australia, they far out- ment can be realized. demonstrates there is a lack of correla- perform American eighth grade stu- I have talked to education officials in tion between increased spending and dents in math and in science. Does it mean we should spend less? the State of Arkansas. I have talked to automatic improvement in reading No. It means we should spend more education officials in our State depart- scores or academic achievement. The wisely. It means we must accompany ment, and they support the President’s appropriation for ESEA programs is in increased spending with real reform, education initiative. They support the the billions of dollars. The red line with accountability, with assessment, provisions regarding testing. It does demonstrates how dramatically those with local control and flexibility. not scare them. They realize this is the increases have occurred. The green line Truly one size does not fit all. way we measure; this is the way we as- demonstrates the national fourth grade There is one message the Arkansas sess; this is the best means we have to reading scores, which have effectively, Department of Education sent to my really demonstrate that education is since 1991, been level. There has been office: Do not handcuff us; do not con- working, that children are learning, increased spending without a com- tinue down the road of prescriptive na- and that the investments being made parable increase—in fact, any demon- tional formulas on what we must do. in Federal, State, and local resources strable increase—in reading scores na- Give us the flexibility to make local are good investments. tionally. reforms and, hence, improve student This amendment strikes at the very If we look at math, we find exactly achievement. heart of the President’s plan. We cur- the same story. These are ESEA fund- The evidence is clear that this rently provide almost $9 billion for ing versus NAEP math scores. There is amendment, well intended as it may title I, and since title I has been a flat line on math achievement and a be, is greatly misguided. We have a bill around, we have seen no correlating dramatic increase in appropriations for before us that, if we were to enact it rise in test scores among students ESEA. We simply cannot find the evi- without undermining its very being served. Why then would it be sug- dence which shows that with increased underpinnings and pulling its very gested we should require that we elimi- spending, given the resources, the re- heart out, could move us in a dramati- nate the most important account- sults are going to be there. cally new and better direction on edu- ability provisions of the bill and not This bill dramatically increases cation. put those accountability provisions in spending, but to its credit and to the It provides important provisions on effect until we triple title I funding? President’s credit for taking the lead greater parental choice, not as much as Total national spending on elemen- on this issue, it says increased re- many would like but greater parental tary and secondary education has in- sources must be accompanied by real choice. The charter States and the creased 129 percent over the last dec- reforms, real assessments, real ac- straight A provisions, although much ade, but Federal spending has increased countability. That is what this legisla- watered down, still provide a new and by over 180 percent over the last dec- tion does. bold opportunity for a few States to ex- ade. Since Republicans gained control The United States spends more per periment with real reform, unhindered of the House and Senate in 1995, Fed- student than most other advanced na- by Federal prescriptive programs. eral spending on elementary and sec- tions in the world. This chart clearly New standards; the requirement of ondary education has increased from demonstrates, even if we look at ad- testing grades 3–8; participation in the $14.7 billion in 1996 to $27.8 billion in vanced nations in Europe—Denmark, NAEP; testing 4 and 8; ensuring that 2002. That is an almost doubling of the Switzerland, France—and Australia, we not only are the States testing but the Federal funds for elementary and sec- are expending more money, sometimes tests they are utilizing are meaningful ondary education. dramatically more money, than other and are giving an accurate depiction of I suggest we should not try to por- developed nations. what schools are succeeding and what tray one party or another party as If spending were the answer, if the schools are failing; what States have being committed to education but look more we spent per student the better reforms that are working and what at the facts, look at the commitment the test scores were going to be, the States are not doing the job.

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.082 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5941 On improvement in teacher quality, I I remind my friend from Arkansas study and what has been done, that we, applaud and commend the distin- what happened in Texas. Look what while doing well at the fourth grade guished Senator from New Hampshire has happened in school funding from level in the TIMSS international stud- for his lead on improving teacher qual- 1994 to 2001. Texas has increased their ies, by the eighth grade we are losing ity and ensuring that money is wisely funding for education statewide by 57 children. We need to be toughening invested in professional development, percent. Look at the student achieve- curriculum and we need to focus on ac- not giving a one-size-fits-all but pro- ment. Student achievement has in- countability. Many times comparisons viding a flexible funding stream to creased by 27 percent. Resources have that are done are not fair and accurate meet the particular teacher quality been expended in developing standards given the value we have on public edu- needs that school districts have across and assessments, academies that assist cation. this country. low-achieving students, professional Two further comments. First, saying Finally, with those reforms, with in- development, and smaller class sizes. resources should not be coupled with creased parental flexibility, local That is how the resources have been accountability and don’t make a dif- school flexibility, with attention on in- spent. They have been getting results. ference is to ignore what has happened dividual children, with the require- I agree what we want to do is, with today for our children in schools. It is ments on testing, with the consolida- scarce resources, give the tried and not about the dollars. It is about low- tion of the plethora of Federal pro- true policies which have demonstrated ering the class size. I have a friend in grams, with all of those reforms, there effectiveness in the past and make Grand Rapids, MI, who teaches high- is the increase in spending. That them available to local communities so risk students and last year had over 30 should be the proper Federal role. they make decisions and hold them ac- students; this year, 15. Surprise, the We have a great opportunity before countable within that community. children went from F’s and D’s to A’s the Senate. We have been on the bill That is what this legislation will do. and B’s. That is because there was for weeks and weeks. We have debated The testing is also a part of this more time for the teacher to teach and scores of amendments. The genuine and process. I agree it should be. I am not the children to learn. It is not about real thrust of the President’s education prepared to put it at risk because we money; it is about children learning program has thus far been kept intact. don’t reach the actual dollar figure in- and teachers being able to teach small- The challenge before the Senate this cluded in the Senator’s amendment. er classes. week and next will be to beat back I reserve the remainder of my time. As an example, that same school has those amendments that turn back to The PRESIDING OFFICER. Under a books that have situations that don’t the failed practices of the past, turn unanimous consent, the Senator from exist anymore, countries that don’t back to the misguided notion that Michigan is recognized. exist anymore, discussions about more money means better education. Ms. STABENOW. Briefly, Mr. Presi- NASA from years ago. They need to be That is our challenge, to keep that dent, I will respond to my friend from updated. part of this bill alive, to honor the Arkansas and his charts, comparing I have one final point in support of pledge the President of the United our country to other countries. the amendment of my colleague. I was States made to the American people to One of my concerns in comparing not here 25 years ago when IDEA take us in a new and dramatically bet- countries is that we in the United passed, when special education was ter direction on education. I am still States do not stress that we have very brought forward. However, I do know hopeful and optimistic, but amend- different values regarding universal as someone who has been in a State ments such as this threaten a return to free education for all children, kinder- legislature and has been an active par- the failed status quo. garten through the 12th grade. We take ent with my two children growing up, I yield the floor. all. Whatever child walks in the door, special education, while setting very The PRESIDING OFFICER. Who whether that child has had breakfast, important requirements, had, also, the yields time? promise that the Federal Government whether they have had a good night’s Mr. KENNEDY. Mr. President, I yield would pay 40 percent of the costs to sleep, whether they even had a bed or myself 5 minutes from the opposition. help the schools so they would not home in which to sleep the night be- The PRESIDING OFFICER. Without have to take dollars away from other fore. We take all children. I believe objection, it is so ordered. programs, other children, in order to that is a strength of the United States Mr. WELLSTONE. I also ask unani- provide these important special edu- of America. mous consent the Senator from Michi- cation services. gan be allowed to speak for 5 minutes, I have had the opportunity to travel What happened? The Federal Govern- followed by the Senator from Wash- around the world and speak with those ment has never hit 15 percent—never ington. involved in education in other systems hit 15 percent—even though the prom- The PRESIDING OFFICER. Without and know if we were to make certain ise was 40 percent. The reason I believe objection, it is so ordered. adjustments and only let children over this amendment is important is we Mr. KENNEDY. I indicated my oppo- the eighth grade who have met a cer- cannot do this again to the schools. sition to the Wellstone amendment, tain level proceed, or do as done in The fact we are not keeping our prom- but I take a moment to correct the other countries, that would have a dif- ise on special education costs my record of my good friend from Arkan- ferent effect from what we do in the Michigan schools $420 million this sas. United States. year—$420 million that is taken from We spend $400 billion a year in K–12; Mr. HUTCHINSON. Will the Senator the ability to lower class size, the abil- and $8 billion on title I. The fact that yield? ity to upgrade our technology and some students have not made progress Ms. STABENOW. Certainly. I ask it focus on math and science in our is not the fault of the Title I program. come from the opposition time. schools, to fund critically important Instead, it is a reflection of the fact Mr. HUTCHINSON. Would the Sen- special education programs. that States have not provided the lead- ator from Michigan concede that al- We should not do this again. This ership in terms of assistance and re- though there are differences between amendment will guarantee that, in sources. That is where accountability European nations and the students fact, we will not just talk about re- comes in. they educate in the upper grades, the quirements; we will make sure the re- No one is saying money is the answer statistics I showed giving international sources are there so our children can to everything, but it is a clear indica- comparisons in the eighth grade in truly succeed. tion of a nation’s priorities. Although both Europe and the United States, all The PRESIDING OFFICER. Under we have a difference in terms of this students are being educated, that it the previous unanimous consent agree- particular legislation, I stand shoulder demonstrates we are achieving less on ment, the Senator from Washington is to shoulder with the Senator from Min- those international test scores than to be recognized. nesota and others who say we ought to comparable student bodies in European Mr. WELLSTONE. Mr. President, I work for the full funding because we nations? ask how much time we have? are only reaching a third of the stu- Ms. STABENOW. If I may reclaim my The PRESIDING OFFICER. The pro- dents. time, I concur, from watching the ponents of the amendment have almost

VerDate 11-MAY-2000 01:22 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.086 pfrm03 PsN: S07PT1 S5942 CONGRESSIONAL RECORD — SENATE June 7, 2001 23 minutes, the opponents of the ments in title I are a waste. Frankly, provement or to shut them down? Is it amendment have just over 60 minutes. that is ridiculous. The reality is, after to set our children and their teachers Mr. GREGG. Will the Senator from adjusting for inflation, title I spending up for failure or is it to ensure that no Minnesota allow us, Mr. President, has been almost flat. Meanwhile, the child is left behind by, yes, measuring after the Senator from Washington job of our public schools has gotten their progress but also providing the speaks, to set aside his amendment so much more demanding, serving not resources that will help them make the Senator from Texas could offer her only more students overall, but more that progress? amendment? And then after offering students with challenges in limited I have heard my colleagues claim her amendment we could go back to English proficiency and disabilities. over and over again that the testing in the Wellstone amendment? But these glib statements about title this bill is simply a measure and it will Mr. WELLSTONE. Could I ask how I having failed our disadvantaged stu- help us identify the needs. Will anyone much time the Senator from Texas re- dents are perhaps most disingenuous really be surprised if these new tests quires? and frustrating when one considers the show that many children in our most Mrs. HUTCHISON. Mr. President, I chronic underfunding of title I. Let me poor schools are not succeeding? When would like to take about 7 minutes, talk about that for a moment and illus- will they have sufficient evidence that and the Senator from New York would trate the absurdity of this argument the problem exists and be willing to be speaking on the amendment as well that title I has failed. then take the steps necessary to solve for about 5 minutes. Could we have, Let’s assume that Congress decides it? We keep hearing people say this bill perhaps, 15 minutes? Because Senator we must build a bridge from the House is about accountability. I have news for COLLINS from Maine is going to try to to the Senate side of the Capitol; after them. Most of our Nation’s teachers, come down. After 15 minutes, then we building a third of that bridge, we principals, and educators have always would go back to the Wellstone amend- begin sending people over that bridge. felt accountable to the people they ment, close that, and our amendment Not surprisingly, no one makes it to serve in their own communities. would be voted on afterwards. the other side. Some Senators come to What about our accountability? Mr. WELLSTONE. Mr. President, my the floor and express shock and dismay When will we be held accountable for understanding is this would be after that no one has crossed the incomplete following through on our commit- the Senator from Washington speaks? bridge. After years of this kind of folly, ments? We have gotten away with not That will be fine. we finally declare on the floor of the following through on this one for 35 Mr. GREGG. I ask unanimous con- Senate that the bridge is clearly a fail- years. Isn’t it time we held ourselves sent that after the Senator from Wash- ure and it has to be torn down. accountable and stopped picking on the ington speaks, the Senator from Texas That is what we have done with title teachers and the parents and the stu- be recognized to offer her amendment, I. We have determined that a need ex- dents who are struggling every day that we set aside Senator WELLSTONE’s ists. We have developed a solution. We with insufficient resources? amendment, that she offer her amend- have failed to implement that solution. About a month ago, 78 of our col- ment and be on her amendment for up And then we have declared that the so- leagues came down to this floor and to 15 minutes. Then we will return to lution is not a good one. voted to invest this amount of funds in Senator WELLSTONE’s amendment. The promise of title I has never truly our most disadvantaged children. Was The PRESIDING OFFICER. Is there been fulfilled, and because of that, the our goal that day just another empty objection? Without objection, it is so promise for millions of children has promise? I expect at least some of ordered. also not been fulfilled. But this is not those same 79 votes will be registered The Senator from Washington is rec- a matter of getting people across the in favor of Senator WELLSTONE’s ognized. Capitol. This is about our children’s amendment since it simply affirms the Mrs. MURRAY. Mr. President, Sen- lives. This is about giving them a true commitment we have made to these ator WELLSTONE brings us an amend- chance to succeed. Title I has not children. ment today that really gets to the very failed our most disadvantaged children; This vote is a test. Are we willing to heart of this bill, helping our schools we have failed them by not fully fund- put our money where our mouths are? ensure that no child is left behind. ing title I. Title I provides some of the Any Senator who voted for the Dodd Some seem to think the heart of this most targeted and flexible funding. amendment but votes against this bill is testing, but I have to say as a This is the kind of funding we need to amendment will have some explaining parent and former educator I know offer if children are going to have any to do—not to me, by the way, but to testing alone will not ensure that one chance of passing these tests. the children they are deceiving with additional child learns to read. Testing Last week, when I was home in my false promises of help backed up with alone will not help our Nation’s stu- home State of Washington, I met with only another test, not a smaller class, dents learn to add and subtract. The 31 superintendents in one meeting, and a well-prepared teacher, or an after- heart of this bill must be a true effort then I talked with countless other par- school program. by the Federal Government to serve as ents who stopped me in the grocery I urge my colleagues to support the a partner to our States and to our local store or on the street or anywhere else Wellstone amendment and show the communities, offering every child a they found me to express their enor- Nation’s most disadvantaged students high-quality education and true chance mous concern about this bill. They that we are committed to offering to succeed. know we are sending them a huge un- more than just words of encourage- In 1965, when the Federal Govern- funded testing mandate, but they are ment. We are committed to offering ment first recognized its special re- not sure whether we are sending them them the support they need to succeed. sponsibility to provide additional re- much else. Frankly, neither am I. Mr. WELLSTONE. Mr. President, if I sources to help the most disadvantaged I know this bill does not provide could take a moment, I thank the Sen- students, we determined a level of sup- smaller classes. It doesn’t provide sup- ator from Washington. Her work as a port that was necessary to ensure that port for school renovation or even all State legislator, as a school board every child would succeed. Since that the money they will need to develop member and teacher, her familiarity time, we have failed over and over and implement the tests we are requir- with children and what is happening in again to really give them that support. ing. I also know this bill imposes seri- schools, with kids, with teachers, and That is what this Wellstone amend- ous consequences based on the results for the amendment, comes through all ment is about: ensuring we finally of these new tests, but this bill does the time. meet our commitment to those chil- not give our children or our teachers or I thank her. dren. our schools the tools they need to help The PRESIDING OFFICER. Under Over the course of this debate, many the kids pass these tests. the unanimous consent agreement, the of my colleagues have said that title I What is our goal in this bill? Is it to Senator from Texas is recognized for 15 has failed to help our children over the impose an enormous unfunded testing minutes on her amendment. past 35 years. They cite stagnant test mandate on our schools? Is it to de- Mrs. HUTCHISON. Mr. President, I scores as proof that additional invest- clare our schools are in need of im- ask unanimous consent to set aside

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.089 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5943 any pending amendment and to call up swer. But sometimes in some cir- er in helping me work through the amendment No. 540. cumstances we find that girls do better amendment and getting everyone to The PRESIDING OFFICER. Without in a single-sex atmosphere and boys do agree on what we could do to go for- objection, it is so ordered. better in a single-sex atmosphere. We ward. I appreciate that help. I yield to AMENDMENT NO. 540 TO AMENDMENT NO. 358 want parents who might not be able to my colleague, the Senator from New The PRESIDING OFFICER. The afford private school or might not have York. clerk will report. the option of parochial school to be The PRESIDING OFFICER. The Sen- The assistant legislative clerk read able to go to their school board and ator from New York is recognized. as follows: say: We would like to offer a single-sex Mrs. CLINTON. Mr. President, I The Senator from Texas [Mrs. HUTCHISON] eighth grade math class for girls or we thank my good friend and colleague proposes an amendment numbered 540. would like to offer a single-sex chem- from Texas for her leadership on this Mrs. HUTCHISON. Mr. President, I istry lab for boys or we might want a and so many other issues. The remarks ask unanimous consent that the read- whole single-sex school, such as some she made very well describe why I ing of the amendment be dispensed that have had wonderful results. stand in support of this amendment. I imagine my colleague, the Senator with. I believe public school choice should from New York, will mention this be- The PRESIDING OFFICER. Without be expanded and as broadly as possible. cause one of the great success stories objection, it is so ordered. Certainly, there should not be any ob- The amendment is as follows: in single-sex public schools is the stacle to providing single-sex choice Young Women’s Leadership Academy within the public school system. I (Purpose: To provide for education reform in East Harlem, NY, which just saw its programs that provide same gender schools thank the Senator from Texas for and classrooms, if comparable educational first high school graduation and being a leader in promoting quality opportunities are offered for students of schools such as Western High School in single-sex education and for working both sexes) Baltimore that has been in place since with me, as well as our colleagues from On page 684, strike liens 1 through 5, and the 1800s. Maryland and Maine, and with the insert the following: These are the kinds of schools that chairman of the Education Committee, ‘‘(L) education reform programs that pro- have weathered all the storms, faced to find a compromise that would fur- vide same gender schools and classrooms, if the lawsuits, and have gotten over it. ther the ability of our school districts comparable educational opportunities are of- We don’t want those kinds of barriers. around the country to develop and im- fered for students of both sexes;’’. If people want that kind of option, plement quality single-sex educational AMENDMENT NO. 540, AS MODIFIED and parents come to the school boards opportunities as a part of providing a wanting that option, that is easily ob- Mrs. HUTCHISON. Mr. President, I diversity of public school choices to tain. Our amendment simply says, send to the desk an amendment to students and parents but in doing it in under applicable law, schools can offer, amendment No. 540, a modification to a way that in no way undermines title under title VI, which is the creativity be substituted for the text of the IX or the equal protection clause of the title—the title that we hope will open amendment. Constitution. The PRESIDING OFFICER. Is there more options for public schools, single- We know, as the Senator from Texas objection to the modification? sex schools and classrooms—we want has said, that single-sex schools and The amendment is so modified. to particularly have the Department of classes can help young people, boys and The amendment (No. 540), as modi- Education, which is provided in this girls, improve their achievement. fied, is as follows: amendment, to have 120 days to issue guidelines so the public schools that In New York City, we have one of the (Purpose: To amend the provisions relating premier public schools for girls in our to same gender schools and classrooms) are interested in offering this kind of option will have clear guidelines on Nation. In fact, yesterday the New On page 684, strike lines 1 through 5, and York Times reported that the first insert the following: how they must structure the program ‘‘(L) programs to provide same gender to meet applicable law. That is simply class of girls graduating from the schools and classrooms, consistent with ap- what the amendment does. It has been Young Women’s Leadership Academy plicable law; agreed to by all of the entities that in East Harlem in New York City—all On page 684, between lines 16 and 17, insert have been working on this issue. 32 of the seniors—have been accepted the following: I think this is very exciting. It is by 4-year colleges, and all but one are ‘‘(c) AWARD CRITERIA AND OTHER GUIDE- going to attend while the other young LINES.—Not later than 120 days after the date something I have worked on since Sen- ator Danforth of Missouri left the Sen- woman has decided to pursue a career of enactment of the Better Education for in the Air Force, which we know is also Students and Teachers Act, the Secretary ate; he tried to get an amendment shall issue specific award criteria and other passed when he was here that would an opportunity for young women. guidelines for local educational agencies have allowed single-sex schools and We have to look at the achievements seeking funding for activities under sub- classrooms and made it easier to do of a school such as the one in New York section (b)(1)(L). that. But the Department of Edu- City that I mentioned, the Young Mrs. HUTCHISON. Mr. President, cation, frankly, has been the barrier. Women’s Leadership Academy, or other this is an amendment that several of us They have put the roadblocks in front schools that are springing up around have worked on for quite a while trying of the people who want to try to do this the country. We know this has ener- to come up with the right formula. around the country. Most people have gized students and parents. We could I thank Senator KENNEDY, and I espe- been persuaded. Ones such as the East use more schools such as this. cially thank the cosponsors of my Harlem Young Women’s Leadership With the negotiations we have en- amendment, Senator COLLINS, Senator Academy have prevailed, and they have gaged in over this amendment, there MIKULSKI, and Senator CLINTON, for done very well. was some disagreement that we had to trying to come up with a solution to a However, we shouldn’t have to over- work out about how to comply with problem that we have seen over many come hurdles. We want public schools title IX and with the Constitution be- years; that is, obstacles put in place to meet all of the tests and all of the cause there has been confusion around against public schools being able to individual needs of students without our country in school districts about offer single-sex classrooms and single- having to go through a lot of redtape, how they can develop single-sex edu- sex schools. a lot of bureaucracy, and many bar- cational opportunities without running We are trying to open more options riers. That is what this amendment afoul of the law or a constitutional to public school than are available in will do. prohibition. private school because we want public I call on my colleague from New This amendment clearly states that schools to be able to tailor their pro- York, who has worked with me on this school districts should have the oppor- grams to what best fits the needs of amendment. I talked to her about my tunity to spend Federal educational students in that particular area. observations of the leadership school in funds on promoting single-sex opportu- Most of the time coeducational class- Harlem when we first put this amend- nities so long as they are consistent es in schools are going to be the an- ment forward. She has been a real lead- with applicable law. It also makes

VerDate 11-MAY-2000 02:35 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.092 pfrm03 PsN: S07PT1 S5944 CONGRESSIONAL RECORD — SENATE June 7, 2001 clear that the U.S. Department of Edu- The PRESIDING OFFICER. The Sen- Mrs. HUTCHISON. Mr. President, I cation should clarify to our school dis- ator from Maine. do want to say we would not have got- tricts what they can and cannot do. Ms. COLLINS. Mr. President, first, I ten to this point without Senator COL- Their guidance should be developed as commend the Senator from Texas for LINS’ leadership and help. We adopted soon as possible. The Senator from her superior work on this issue. She this amendment before. We are now Texas and I will watch closely to make and I have been working on it for a back adopting it again because the bill sure this guidance is available to very long time. I am delighted to see that we passed before did not end up school districts. the bipartisan compromise amendment with a Presidential signature. So I Both title IX and the equal protec- reached today. thank her for being with us because of tion clause provide strong protections This action is long overdue and her experiences in Maine and appre- so schools cannot fall back on harmful would correct a misinterpretation of ciate her support very much. stereotypes. For example, we have done title IX of the education amendments Mr. President, how much time re- away with the prohibition that used to of 1972 that clearly was never intended. mains? keep girls out of shop classes. I can re- Our amendment would ensure that The PRESIDING OFFICER (Mr. member that—even out of prestigious local school districts can establish sin- WELLSTONE). The Senator has half a academic high schools because they gle-sex classrooms. I would like to minute. were boys only. We have broken down share with my colleagues a wonderful Mrs. HUTCHISON. I ask unanimous those barriers. We don’t in any way example from Presque Isle High School consent the Senator from Delaware be want this amendment to start building in northern Maine of what can be ac- yielded 1 minute, and then that I be them up. We are trying to be very clear complished with a single-sex class- recognized for 30 seconds to close. that we uphold title IX and the Con- room. The PRESIDING OFFICER. Without stitution while we create more young A gifted math teacher in Presque Isle objection, it is so ordered. women’s leadership academies that by the name of Donna Lisnik believed The Senator from Delaware. will make a real difference in the lives that an all-girls advanced mathematics Mr. CARPER. Mr. President, I thank of young women and young men. class would result in higher levels of the Senator from Texas very much for For example, we do not need another achievement by women. She was abso- providing me the 1 minute. And I situation as we had with VMI, where lutely right. Donna established an all- thank the Presiding Officer for sitting young women were first prohibited girls math class, and the results were in for me so I might speak. Mr. President, I ask unanimous con- from attending the school and then absolutely outstanding. Both the sent to be added as a cosponsor to the were provided with an alternative that achievement of the girls, whether was not in any way the same as what amendment that is being offered. measured on SAT scores or by other The PRESIDING OFFICER. Without was available to the boys. tests, and the results, the number of The language offered here strikes the objection, it is so ordered. girls participating in the class, soared. Mr. CARPER. We in the Senate important balance between providing Everything was a plus. flexibility to offer single-sex edu- should be concerned foremost with I had the privilege of visiting Mrs. what is going to work to raise student cational opportunities and providing Lisnik’s class. I saw firsthand the en- the legal safeguards pursuant to the achievement. We want to provide the thusiasm the girls had for mathe- resources that will enable and foster VMI decision, and key title IX protec- matics, how comfortable they felt, and tions, to ensure that we do not turn and nurture that achievement. We also how they were accelerating. want to make sure we take away bar- back the clock. However, unfortunately, in the pre- What the Senator from Texas and I riers to that student achievement. vious administration, the Department want to do is to provide more and more When I was sitting as the Presiding of Education concluded that this very opportunities for our young people to Officer during the debate, I realized the worthwhile and effective course did not chart their own courses, to make it nature of the amendment being offered, correct historical inequities and, thus, clear that they are able to have their and I felt compelled to applaud what deemed it to be a violation of title IX own futures in their hands by getting we are endeavoring to do. the best possible public school edu- requirements. As a result, Presque Isle It reminds me that 10 years ago we cation. had to open the course to both boys faced a roadblock in my own State of So I am very grateful that we have and girls. It was unfortunate that the Delaware because we were unable to come together today on behalf of this school was prevented from pursuing a do, on a small scale, what we seek to important amendment which will send strategy that was resulting in very do with this amendment. I know it is a clear signal that we want public high achievement levels for the girls not just our State but in the 49 other schools to provide choices. We want to attending those classes. States young men and young women eliminate sex-based stereotyping. We Senator HUTCHISON’s bipartisan com- will benefit if we are able to include want to make it clear that every young promise amendment will ensure that this in the legislation that goes to the girl can reach her fullest potential and schools with innovative education pro- President, and then if we follow up in should be able to choose from among grams, designed to meet gender-spe- the 50 States of America. options that will make that possible; cific needs, will not face needless ob- I applaud each of you for offering the and the same for our young boys as stacles. amendment and thank you for the op- well. This amendment is a great example portunity to speak on its behalf. So I thank the Senator from Texas of our working across party lines to do The PRESIDING OFFICER. The Sen- for not only putting forth this amend- what is best for our children and for ator from Texas. ment but for working so hard on mak- educational reform. It will give schools Mrs. HUTCHISON. I thank the distin- ing it really do what we intend it to do, the flexibility to design and the ability guished Senator from Delaware, the so there will be the kind of opportuni- to offer single-gender classes when the distinguished former Governor, who ob- ties for our children that we in this school determines that these class- viously has another example of how Chamber favor and that we hope this rooms will provide students with a bet- these big barriers have hurt our ability bill will bring about. ter opportunity to achieve higher to allow students to get the best edu- Mr. President, I yield back the re- standards. cation for their particular needs. mainder of my time. That is a goal we all share. So I just close by saying, now it is up The PRESIDING OFFICER. The Sen- I see the Senator from Delaware is to the Department of Education. What ator yields back the time. also seeking to speak on this issue, so we are saying in this Chamber today is: There are approximately 5 minutes I yield back to the Senator from Texas Drop the barriers. Open the options for remaining. the remainder of my time. Again, I public schools. Give parents a chance The Senator from Texas. commend her for her hard work on this to have their child in public school Mrs. HUTCHISON. Mr. President, I issue. It has been a pleasure to be her have all the options that would fit the yield up to 4 minutes to my colleague partner in this regard. needs of that particular child. and cosponsor of the amendment, Sen- The PRESIDING OFFICER. The Sen- I again thank Senator MIKULSKI and ator COLLINS. ator from Texas. Senator COLLINS who have been with

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.095 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5945 me on this amendment from the very The PRESIDING OFFICER. Without specifically to include title I, the argu- beginning, and I thank our new cospon- objection, it is so ordered. ment being that the Government needs sors, Senator CLINTON, Senator CAR- Mrs. CLINTON. Mr. President, I did to strengthen its accountability with PER, and Senator KENNEDY, for working not realize that the Senator from Min- adequate new investment. with me to form this compromise. nesota wanted to continue at this mo- Colleagues, there is a reason that all The bottom line is that the Depart- ment. I yield to him. these organizations that represent the ment of Education must step up to the The PRESIDING OFFICER. The Sen- education community on the ground—I plate. I have discussed this with Sec- ator from Minnesota. didn’t include the National Education retary Rod Paige. He agrees. He has Mr. WELLSTONE. Does the Senator Association as well—support this committed to me that he will open the have an amendment she is trying to amendment, because what they are spigot, open the floodgates, to allow dispose of? saying is: Don’t set us up for failure. If this to be one of the options that will Mrs. CLINTON. I am trying to pro- you are going to mandate that every be available to the parents of public pose the amendment, but I will lay it child in every grade will be tested schoolchildren in this country. aside, and I am not asking for a vote. every year, grades 3, 4, 5, 6, 7, and 8, Mr. President, I yield the floor. AMENDMENT NO. 466 then how about a Federal mandate The PRESIDING OFFICER (Mr. CAR- Mr. WELLSTONE. I think we should that we will have equality of oppor- PER). The Senator’s time has expired. probably go ahead and finish up on the Mr. KENNEDY. If it is agreeable to tunity for every child to be able to suc- other amendment. How much time do the Senator from Minnesota, we could ceed and do well on these tests? To not we have? dispose of the amendment on a voice do so is ethically unjust. The PRESIDING OFFICER. Fifteen vote now. Would that be agreeable to This bill, right now, without the re- minutes and 57 minutes 30 seconds for the Senator? sources, without this amendment pass- Mr. WELLSTONE. That would be the other side. ing, will test the poor against the rich fine. Mr. WELLSTONE. May I ask the and announce that the poor failed. Fed- The PRESIDING OFFICER. The other side how much time they intend erally required tests without federally question is on agreeing to amendment to use? required resources for the children No. 540, as modified. Mr. KENNEDY. Mr. President, if the amounts to clubbing children over the The amendment (No. 540), as modi- Senator wanted to yield the time back, head after we have systematically fied, was agreed to. I would urge my colleague from New cheated them. We already know in ad- Mrs. HUTCHISON. Thank you, Mr. Hampshire to yield his time back. vance which children are going to fail. Mr. WELLSTONE. I have a little President. This is a plan, without this amendment time to summarize. If you all are going Mr. KENNEDY. I move to reconsider passing, not for reform, not for equal- to use a few minutes, then at the end I the vote. ity, but for humiliation of children. Mrs. HUTCHISON. I move to lay that will go ahead and finish. If you have a How in the world can we continue to motion on the table. lot to say, I want to respond to your have the schools? They don’t have the The motion to lay on the table was comments. All right. agreed to. I thank the Senator from Massachu- resources. They have the large classes. Mr. KENNEDY. Mr. President, I yield setts and the Senator from New Hamp- All too often, it is two or three or four myself just 3 minutes on the amend- shire. teachers in a given year, much less the ment of the Senator from Texas. Mr. President, I thank all of my col- children living in homes where they The PRESIDING OFFICER. Without leagues who have come to the Chamber move two or three times a year. They objection, it is so ordered. and spoken on the amendment; quite a come to kindergarten way behind, not Mr. KENNEDY. Mr. President, I want few Senators have. I thank each and kindergarten ready. Quite often, they to join in thanking the Senator from every one of them for some very power- don’t have qualified teachers. They Texas. This issue is one of enormous ful words. I almost forget everybody, don’t have the technology. They don’t importance. We have heard very elo- but Senator DODD, Senator MURRAY, have the resources. Then, in the ab- quent comments and statements about Senator REED, Senator CORZINE, Sen- sence of making the commitment to the opportunities that this type of ator STABENOW, I thank all of them. making sure these children have a amendment can provide for young This amendment says that the tests chance to do well, the only thing we Americans. that are authorized under title I need are going to do is require testing and We want to take advantage of those not be implemented until after we live fail them again. opportunities. As one who has been up to our goal of appropriating the $24 This amendment is just saying, if we here for some time, I have often seen billion for title I. This is the amount are going to have the testing, we are where there appear to be opportunities, the Dodd amendment called for in au- going to provide the resources. and where there has also been discrimi- thorization. I am not saying that Min- My friend Jonathan Kozol, who I nation against individuals. That has nesota or any other State can’t go for- think is the most powerful writer been true in a variety of different cir- ward. They can do whatever they want. about children in education today, says cumstances. None of us wants to see What I am saying is, States have a that testing is a symbolic substitute this. We know that that is not the in- right to say to us, if you don’t live up for educating. Don’t substitute a sym- tention of any of us who is supporting to your word to get us the resources to bol for the real thing. Kids who are this particular program. cheated of Head Start—we fund 3 per- The Senator was enormously helpful go with the testing, then we decide cent of the children who could benefit and positive and constructive, as was whether we want to do this. The test- from Early Head Start, barely 50 per- the Senator from New York, Mrs. CLIN- ing that is being done post-1994 goes cent of the children who are 4-year- TON, Senator COLLINS, Senator MIKUL- on. I am talking about the testing in olds. Children who are cheated of small SKI, and others, in making sure that we this bill. classes, cheated of well-paid teachers were, to the extent possible, not going This amendment has endorsements learn absolutely nothing from a test to see a reenforcement or a return to from, among others, the Hispanic Edu- old stereotyping which has taken place cation Coalition, Mexican American every year except how much this Na- at an unfortunate period in terms of Legal Defense and Education Fund, tion wants to embarrass and punish American education. They have done NAACP, National Council of La Raza, them. That is what is wrong with hav- that, the Senator has done that with National Education Association, Na- ing the testing without the resources. the amendment. That has been enor- tional Parent Teacher Association, Na- I hope the testing advocates do not mously important. tional School Board Association. In ad- assume that teachers are afraid to be I yield the floor. dition, we have a letter from Demo- held accountable. Frankly, that is libel The PRESIDING OFFICER (Mr. DAY- cratic Governors basically saying, against teachers. No good teacher is TON). The Senator from New York. while we support the Carnahan/Nelson afraid to be held accountable for what Mrs. CLINTON. Mr. President, I ask amendment, we are hopeful that any she or he does. I wish I had the time. I unanimous consent that the amend- final version to reauthorize ESEA will have e-mails from teachers all across ment under consideration be set aside. apply a funding trigger more broadly, the country about this.

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.098 pfrm03 PsN: S07PT1 S5946 CONGRESSIONAL RECORD — SENATE June 7, 2001 Accountability is a two-way street. impassioned plea for funding the pro- not understand. I just do not under- What we have here is one-way account- gram, and I am all in agreement with stand it because tests are nothing new, ability. We want to have the tests it. I feel, however, as if we are describ- we are currently assessing student every year, but we don’t want to be ac- ing two different bills. progress for accountability today, and countable to the words we have spoken. The pending Senate bill already in- more and more States are imple- Seventy-nine Senators went on record cludes accountability. The bill already menting a plan similar to that which is to vote for authorizing full funding for includes testing. And, at the present in this underlying bill. Many States title I, for disadvantaged children, in 10 time, under current law there are al- are not implementing tests that are of years. ready 15 States that are testing stu- high-quality. They are not doing very I see my colleague, the Senator from dents every year, in grades 3 through 8, well. We have seek in this bill to ad- Minnesota, presiding. He would say: in math and reading. There are 46 dress that point. Why 10 years? He is right. A 7-year-old States that are testing their students We are not talking about the future. will be 17 then. That is too late. You annually in at least two grades. States We have addressed the issue of quality only have your childhood once. Never- are complying today with the 1994 law, in the assessment process with the theless, we went on record, and that and are being held accountable for amendments that we have taken. We means that by 2005, we made a commit- their progress, under provisions that want to improve upon States’ current ment of $25 billion for title I, which describe adequate yearly progress in practice. We have tried to accomplish right now is funded at a 30-percent Title I. This is nothing new. that with the amendments to date, but level. The amount that those 15 States are that goal will not be met by the pend- So Senator DAYTON, in St. Paul, spending on their statewide tests is ing amendment offered by the Senator when you get to a school with fewer low. Many States are not investing the from Minnesota. than 65 percent low-income children, resources that they really need to en- Mr. WELLSTONE. Mr. President, they don’t receive any funding—we sure high-quality assessments. Accord- how much time do I have remaining? have run out already—money that ing to the Education Commission of The PRESIDING OFFICER. Five could be used, especially with the little the States, those 15 States only spend minutes 47 seconds. children, for additional reading help, between $1.37 and $17.16 per student an- Mr. WELLSTONE. Let me try to after school, prekindergarten. What nually on their assessments. clear up the confusion of my good this amendment is saying is that 79 Under our legislation, the Jeffords friend from Massachusetts. First, part Senators voted for that authorization. amendment would ensure $69—do we of what we talked about is whether or If that is what you did, and it was a hear that?—$69 per student for States not there should be full funding for the good vote for the Dodd-Collins amend- to develop their annual assessments by testing. I support the Carnahan amend- ment—Senator DODD was here speaking the 2005–2006 school year, in reading ment. It was not adopted. I think it —then let’s live up to our words. and math for students grades 3–8. Ac- should have been adopted. Let’s say that unless that money is cording to the National Association of The Senator talked about the Dodd appropriated—and I can see Senators State Boards of Education, it takes be- amendment full funding in 10 years. running ads: I voted to authorize full tween $25 and $125 per student to de- This amendment does not call for full funding for the title I program for the velop such assessments. $69 should be funding by 2005. This amendment children in my State—knowing that sufficient. Not $1, as exists now, not $5, tracks the Dodd amendment. This the authorization has nothing to do but $69. amendment is a 100-percent reflection with whether there is money. The Wellstone amendment essen- of what we have already gone on record This amendment makes the words tially eliminates requirements to de- supporting. I do not call for full fund- real. Let’s not fool around with people. velop those assessments, and elimi- ing; $25 billion in 2005 is not full fund- Let’s live up to our commitment, and nates the promise that those high-qual- ing. This is exactly what the Dodd let’s make it clear; yes to account- ity assessments may hold to produce amendment calls for as we reach full ability, but we also are going to follow the data that can drive school reform. funding in 10 years. through when it comes to living up to As to the testing, it is true we are al- our commitment of resources. We are cutting off our nose to spite our I have heard Senators say if we talk face. Senator WELLSTONE is thinking ready testing. As a matter of fact, this the talk but we do not walk the walk, that, sometime in the future, we will amendment does not talk about that we are going to fail our children. That eventually begin this process of assess- testing. This amendment talks about is exactly what is wrong with this bill ment. In reality, assessments are in the fact that this bill, called the BEST that calls for the testing without the place now. bill, I say to my colleague from Massa- resources. Testing and publishing test To say if we do not get full funding, chusetts, does not say title I children scores is talking, only talking. if we miss it by $500 million, what hap- are tested. It says every child in every Giving title I, supporting what we pens? We are not going to provide any school district in every State is tested should be doing—fully funding Head of the accountability. If we miss it by every year. That is quite a different Start, making sure every child comes $300 million, we are not going to get it. piece of legislation in its scope. Fi- to kindergarten ready to learn, getting With all respect to my colleague from nally, one more time, the National the best teachers in the schools, pro- Connecticut, their amendment for full Council of LaRaza, National Education viding additional help for reading— funding was for 10 years. This amend- Association, National Parent Teacher that is walking. That is what this ment calls for full funding in 4 years. I Association, National School Board As- amendment is. This is a walking am all for full funding in 4 years, if sociation, Democratic Governors—why amendment. Senator wants to offer an amendment in the world do you think they support I say to Senators: It is time to walk. that does not compromise essential re- this? Because they have had enough of It is time to start walking. It is time forms in the underlying bill. it. They have had enough of us con- to start walking your talk. It is time I have spoken with the President stantly putting more requirements on to start living up to what you said about this very subject. We ought to them without backing it up with re- when you voted for the full funding for increase funding for Title I, and double sources. title I. our present commitment to cover two- They are a little bit suspicious of the Let’s be accountable. I have heard thirds of the children, and the other Congress. They think we are great the majority of Senators say they were third during his administration. I have when it comes to telling them to do going to fight for the resources to go said it publicly, and I said it to the this, this, and this, but they do not with the testing. Now is the time to do President within the last 3 days. think we fully fund what we ask them so. I am going to continue to fight this to do, and they are right. I reserve the remainder of my time. fight, because I believe in the Title I That is why they support this, and The PRESIDING OFFICER. The Sen- program. However, to say that at the they are right. They are saying if you ator from Massachusetts. end of the day we are not going to be are going to have a national mandate Mr. KENNEDY. Mr. President, I have able to implement high quality tests that every child is tested, then let’s listened to the Senator make a very that help us in the reform process I do have a national mandate to make sure

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.101 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5947 every child has an opportunity to do called BEST, is the best, unless we live I yield back the remainder of our well on those tests and make sure you up to our commitment. time on our side. live up to your commitment on the This should be easy for Senators to Mr. WELLSTONE. I ask for the yeas title I programs, which is one of the vote for. It just means that in our ap- and nays. major Federal commitments—it is not propriations we do exactly what we The PRESIDING OFFICER. Is there a a large part of education money spent, promised to do. How can anyone vote sufficient second? but it is a real important piece when it against what was already voted for? There is a sufficient second. comes to what our commitment is. How can Members vote against an ap- The question is on agreeing to the This commitment just asks every propriation that is exactly the same amendment. The clerk will call the Senator to walk the talk. You already thing Members voted for as an author- roll. went on record saying you are for this. ization? What is wrong with saying, The assistant legislative clerk called Now let’s get real. This amendment don’t ask for me to vote for testing the roll. just says walk your talk. every child throughout America in Mr. REID. I announce that the Sen- I yield the floor and reserve the re- every school, which is what Senator ator from California (Mrs. BOXER), the mainder of my time. DODD said? Start as young as age 8, un- Senator from Georgia (Mr. MILLER), The PRESIDING OFFICER. Who less you are also going to give me a and the Senator from New Jersey (Mr. yields time? chance. Don’t ask us to vote for a man- TORRICELLI), are necessarily absent. I Mr. KENNEDY. Mr. President, I yield date of testing every child without also further announce that, if present and myself 3 minutes. letting us have an opportunity to pass voting, the Senator from California On page 43 under ‘‘Assessments,’’ this legislation which will assure we get the (Mrs. BOXER) would vote ‘‘aye.’’ bill spells out the tests which I men- resources to the schools and the teach- Mr. NICKLES. I announce that the tioned earlier are statewide. There are ers and kids so they can do well in Senator from Idaho (Mr. CRAPO), the currently 15 States that are testing these tests. Senator from Utah (Mr. HATCH), and reading and math annually in grades 3 I don’t believe that is an outrageous the Senator from Arizona (Mr. MCCAIN) through 8. assumption. I stand for that. I hope we are necessarily absent. Accountability in current law is get this through. I further announce that if present based, at least partly, on these tests The PRESIDING OFFICER. The Sen- and voting, the Senator from Utah (Mr. that are currently being administered. ator from New Hampshire. HATCH) would vote ‘‘nay’.’’ Not all, but many of these tests are not Mr. GREGG. I associate myself with The PRESIDING OFFICER. Are there of the highest quality. They are not the comments of the Senator from any other Senators in the Chamber de- aligned with standards. They are not Massachusetts. There has been a sig- siring to vote? valid and reliable measures. I want to nificant amount of debate so I will not The result was announced—yeas 23, make them better. We have in place in carry it on. I reinforce the fact that nays 71, as follows: this legislation, with the amendments the President has suggested we extend [Rollcall Vote No. 176 Leg.] that have been accepted—the Jeffords the testing passed in 1994 to three addi- YEAS—23 amendment, the Wellstone amend- tional grades. The testing in 1994 re- Akaka Durbin Murray Biden Feingold Nelson (NE) ments, the Collins amendment. quired the curriculum be aligned and Cantwell Graham Reed The best estimate has been provided that the tests be fairly pervasive. At Carnahan Harkin Reid by the National Association of State the same time, when those tests were Clinton Hollings Sarbanes Boards of Education. They estimate put in place, there was no funding at Corzine Kerry Stabenow Dayton Leahy Wellstone that the cost of developing high qual- all to support them. Dodd Levin ity State tests, aligned to standards, in This President has suggested that is grades 3–8 ranges from $25 to $125 per not correct. He has put in place $3 bil- NAYS—71 student. Our bill provides $69 per stu- lion of new funding for the purposes of Allard Edwards Lugar Allen Ensign McConnell dent. If States do not receive the funds underwriting the costs of these tests. Baucus Enzi Mikulski provided by the Jeffords amendment In addition, he has suggested the most Bayh Feinstein Murkowski under this bill for testing, they may significant increase of title I funding Bennett Fitzgerald Nelson (FL) Bingaman Frist Nickles suspend the development or implemen- for the actual problematic side than Bond Gramm Roberts tation of their tests. any President in the history of this Breaux Grassley Rockefeller The fact is, S. 1, when the President country. He has suggested increases Brownback Gregg Santorum signs it, will contain accountability that represent more than 50 percent of Bunning Hagel Schumer Burns Helms Sessions provisions that will be driven by, as it an increase in title I funding. So the Byrd Hutchinson Shelby says on page 43, existing tests under re- commitment is significant in the area Campbell Hutchison Smith (NH) quirements that mirror current law. of dollars. Carper Inhofe Smith (OR) Many of those tests are not of high Senator KENNEDY hit the nail on the Chafee Inouye Snowe Cleland Jeffords Specter quality. Some States are doing better head. If this amendment passes, essen- Cochran Johnson Stevens than others. I can understand why the tially we are stepping backward on the Collins Kennedy Thomas President and our committee both issue of assessment. And we are step- Conrad Kohl Thompson Craig Kyl Thurmond want to do better. To eliminate the ping backward, therefore, on the issue Daschle Landrieu Voinovich possibility to do better, by warding off of finding out whether or not low-in- DeWine Lieberman Warner assessments, does not make any sense come kids are getting fair treatment in Domenici Lincoln Wyden to me. our school systems. That is what this Dorgan Lott Mr. WELLSTONE. Mr. President, if is about. NOT VOTING—6 the Senate lives up to its word and we Will we have in place a procedure for Boxer Hatch Miller do exactly what we say we are going to determining whether or not our low-in- Crapo McCain Torricelli do in the appropriations, which is to come children are getting fair treat- The amendment (No. 466) was re- provide the money for title I which ment? The only way to do that is jected. provides the money for the extra help through a testing regime in the form Mr. KENNEDY. I move to reconsider for reading and afterschool and pre- outlined in this bill. If we abandon that the vote. kindergarten, nobody loses. testing regime, for all intents and pur- Mr. DORGAN. I move to lay that mo- I am calling everybody on their bluff poses, we are going back to the present tion on the table. on the words they have spoken. I have status quo which has produced 35 years The motion to lay on the table was not seen any firm commitment about of failure. We know it is not working. agreed to. money. I have not seen the administra- It is time to make the changes pro- The PRESIDING OFFICER. The Sen- tion come forward with any commit- posed in this bill. Regrettably, the ator from Massachusetts. ment of resources to expand title I to Wellstone amendment takes us back- ORDER OF PROCEDURE make sure we do our very best for ward, rather than forward, in that ef- Mr. KENNEDY. Mr. President, I have these kids. I don’t think this program fort. just talked to the majority leader. And

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.103 pfrm03 PsN: S07PT1 S5948 CONGRESSIONAL RECORD — SENATE June 7, 2001 I see our deputy leader and our Repub- contribute to unhealthy school environ- ‘‘PART E—MISCELLANEOUS PROVISIONS lican floor manager. We had been talk- ments, including the prevalence of such ‘‘SEC. 4501. STUDY CONCERNING THE HEALTH ing during the course of the afternoon, characteristics in public elementary and sec- AND LEARNING IMPACTS OF SICK and hopefully we will have a pathway ondary school buildings. Such characteris- AND DILAPIDATED PUBLIC SCHOOL tics may include school buildings that— BUILDINGS ON AMERICA’S CHIL- which will lead us to two votes, I be- ‘‘(A) have been built on contaminated DREN. lieve, on Monday night and then hope- property; ‘‘(a) STUDY AUTHORIZED.—The Secretary of fully set the stage for our Tuesday de- ‘‘(B) have poor in-door air quality; Education, in conjunction with the Director liberations. ‘‘(C) have occurrences of mold; of the Centers for Disease Control and Pre- I heard from our leader, if we are able ‘‘(D) have ineffective ventilation, heating vention and in consultation with the Admin- to work that out, there might not be or cooling systems, inadequate lighting, istrator of the Environmental Protection further votes this evening. But this is drinking water that does not meet health- Agency, shall conduct a study on the health underway. I just hope the membership based standards, infestations of rodents, in- and learning impacts of sick and dilapidated sects, or other animals that may carry or can give us a minute or two to see if public school buildings on children that have cause disease; attended or are attending such schools. that can be put in a unanimous consent ‘‘(E) have dust or debris from crumbling ‘‘(b) STUDY SPECIFICATIONS.—The following agreement. We will do that just as rap- structures or construction efforts; and information shall be included in the study idly as possible. ‘‘(F) have been subjected to an inappro- conducted under subsection (a): I suggest the absence of a quorum. priate use of pesticides, insecticides, chemi- ‘‘(1) The characteristics of public elemen- The PRESIDING OFFICER. The cals, or cleaners, lead-based paint, or asbes- tary and secondary school buildings that clerk will call the roll. tos or have radon or such other characteris- contribute to unhealthy school environ- The senior assistant bill clerk pro- tics as determined by the Director of the ments, including the prevalence of such ceeded to call the roll. Centers for Disease Control and Prevention characteristics in public elementary and sec- Mrs. CLINTON. Mr. President, I ask to indicate an unhealthy school environ- ondary school buildings. Such characteris- ment. unanimous consent that the order for tics may include school buildings that— ‘‘(2) The health and leaning impacts of sick ‘‘(A) have been built on contaminated the quorum call be rescinded. and dilapidated public school buildings on property; The PRESIDING OFFICER. Without students that are attending or that have at- ‘‘(B) have poor in-door air quality; objection, it is so ordered. tended a school described in subsection (a), ‘‘(C) have occurrences of mold; Mrs. CLINTON. Mr. President, I ask including information on the rates of such ‘‘(D) have ineffective ventilation, heating unanimous consent to lay aside the impacts where available. Such health im- or cooling systems, inadequate lighting, pending amendment. pacts may include higher than expected inci- drinking water that does not meet health- The PRESIDING OFFICER. Without dence of injury, infectious disease, or chron- based standards, infestations of rodents, in- objection, it is so ordered. ic disease, such as asthma, allergies, ele- sects, or other animals that may carry or vated blood lead levels, behavioral disorders, cause disease; AMENDMENT NO. 516 TO AMENDMENT NO. 358 or ultimately cancer. Such learning impacts ‘‘(E) have dust or debris from crumbling Mrs. CLINTON. Mr. President, I call may include lower levels of student achieve- structures or construction efforts; and up amendment No. 516. ment, inability of students to concentrate, ‘‘(F) have been subjected to an inappro- The PRESIDING OFFICER. The and other educational indicators. priate use of pesticides, insecticides, chemi- clerk will report. ‘‘(3) Recommendations to Congress on the cals, or cleaners, lead-based paint, or asbes- The assistant legislative clerk read development and implementation of public tos or have radon or such other characteris- as follows: health and environmental standards for con- tics as determined by the Director of the structing new public elementary and sec- The Senator from New York [Mrs. CLIN- Centers for Disease Control and Prevention ondary school buildings, remediating exist- TON], for herself, Mr. TORRICELLI, and Mr. to indicate an unhealthy school environ- ing public school buildings, and the overall CORZINE, proposes an amendment numbered ment. 516. monitoring of public school building health, ‘‘(2) The health and leaning impacts of sick including cost estimates for the development and dilapidated public school buildings on Mrs. CLINTON. Mr. President, I ask and implementation of such standards and a students that are attending or that have at- unanimous consent that reading of the cost estimate of bringing all public schools tended a school described in subsection (a), amendment be dispensed with. up to such standards. including information on the rates of such The PRESIDING OFFICER. Without ‘‘(4) The identification of the existing gaps impacts where available. Such health im- objection, it is so ordered. in information regarding the health of public pacts may include higher than expected inci- The amendment is as follows: elementary and secondary school buildings dence of injury, infectious disease, or chron- and the health and learning impacts on stu- (Purpose: To provide for the conduct of a ic disease, such as asthma, allergies, ele- dents that attend unhealthy public schools, study concerning the health and learning vated blood lead levels, behavioral disorders, including recommendations for obtaining impacts of sick and dilapidated public or ultimately cancer. Such learning impacts such information. school buildings on children) may include lower levels of student achieve- ‘‘(c) STUDY COMPLETION.—The study under ment, inability of students to concentrate, On page 586, between lines 18 and 19, insert subsection (a) shall be completed by the ear- and other educational indicators. the following: lier of— ‘‘(3) Recommendations to Congress on the SEC. ll. STUDY CONCERNING THE HEALTH AND ‘‘(1) not later than 18 months after the date development and implementation of public LEARNING IMPACTS OF SICK AND of enactment of this Act; or health and environmental standards for con- DILAPIDATED PUBLIC SCHOOL ‘‘(2) not later than December 31, 2002. BUILDINGS ON AMERICA’S CHIL- structing new public elementary and sec- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ondary school buildings, remediating exist- DREN. There is authorized to be appropriated Title IV, as amended by this title, is fur- ing public school buildings, and the overall $2,000,000 for fiscal year 2002 for the conduct monitoring of public school building health, ther amended by adding at the end the fol- of the study under subsection (a).’’. lowing: including cost estimates for the development AMENDMENT NO. 516, AS MODIFIED and implementation of such standards and a ‘‘PART E—MISCELLANEOUS PROVISIONS Mrs. CLINTON. Mr. President, I ask cost estimate of bringing all public schools ‘‘SEC. 4501. STUDY CONCERNING THE HEALTH unanimous consent to modify the up to such standards. AND LEARNING IMPACTS OF SICK ‘‘(4) The identification of the existing gaps AND DILAPIDATED PUBLIC SCHOOL amendment and send the modification BUILDINGS ON AMERICA’S CHIL- to the desk. in information regarding the health of public DREN. The PRESIDING OFFICER. Without elementary and secondary school buildings ‘‘(a) STUDY AUTHORIZED.—The Secretary of objection, it is so ordered. and the health and learning impacts on stu- Education, in conjunction with the Director The amendment (No. 516), as modi- dents that attend unhealthy public schools, including recommendations for obtaining of the Centers for Disease Control and Pre- fied, is as follows: vention and in consultation with the Admin- such information. On page 586, between lines 18 and 19, insert istrator of the Environmental Protection ‘‘(c) STUDY COMPLETION.—The study under the following: Agency, shall conduct a study on the health subsection (a) shall be completed by the ear- and learning impacts of sick and dilapidated SEC. ll. STUDY CONCERNING THE HEALTH AND lier of— LEARNING IMPACTS OF SICK AND ‘‘(1) not later than 18 months after the date public school buildings on children that have DILAPIDATED PUBLIC SCHOOL attended or are attending such schools. BUILDINGS ON AMERICA’S CHIL- of enactment of this Act; or ‘‘(b) STUDY SPECIFICATIONS.—The following DREN AND THE HEALTHY AND HIGH ‘‘(2) not later than December 31, 2002. information shall be included in the study PERFORMANCE SCHOOLS PROGRAM. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— conducted under subsection (a): Title IV, as amended by this title, is fur- There is authorized to be appropriated ‘‘(1) The characteristics of public elemen- ther amended by adding at the end the fol- $2,000,000 for fiscal year 2002 for the conduct tary and secondary school buildings that lowing: of the study under subsection (a).

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.106 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5949 ‘‘SEC. 4502. HEALTHY AND HIGH PERFORMANCE ‘‘(4) LOCAL USE OF FUNDS.— Throughout this debate, we have SCHOOLS PROGRAM. ‘‘(A) IN GENERAL.—A local educational come to the floor to propose solutions ‘‘(a) SHORT TITLE.—This section may be agency receiving a subgrant under paragraph cited as the ‘Healthy and High Performance for improving student achievement and (3)(A) shall use such subgrant funds for new ensuring that all of our children are Schools Act of 2001’. school building projects and renovation ‘‘(b) PURPOSE.—It is the purpose of this projects that— provided with a world-class education. section to assist local educational agencies ‘‘(i) achieve energy-efficiency performance I am very pleased that we have made a in the production of high performance ele- that reduces energy use to at least 30 percent lot of progress in coming to consensus mentary school and secondary school build- below that of a school constructed in compli- on some basic tenets—that all children ings that are healthful, productive, energy- ance with standards prescribed in Chapter 8 should be guaranteed an education fo- efficient, and environmentally sound. of the 2000 International Energy Conserva- ‘‘(c) PROGRAM ESTABLISHMENT AND ADMIN- cused around high academic standards, ISTRATION.— tion Code, or a similar State code intended that every child should be taught by a ‘‘(1) PROGRAM.—There is established in the to achieve substantially equivalent results; quality teacher, and that we should Department of Education the High Perform- and hold educators accountable for making ‘‘(ii) achieve environmentally healthy ance Schools Program (in this section re- sure their students can meet these high ferred to as the ‘Program’). schools in compliance with Federal and State codes intended to achieve healthy and standards. ‘‘(2) GRANTS.—The Secretary, in consulta- There is something we have not yet tion with the Secretary of Energy and the safe school environments. Administrator of the Environmental Protec- ‘‘(B) EXISTING BUILDINGS.—A local edu- addressed; that is, to ensure that our tion Agency, may, through the Program, cational agency receiving a subgrant under children attend schools that are in award grants to State educational agencies paragraph (3)(A) for renovation of existing good working condition and that are to permit such State educational agencies to school buildings shall use such subgrant conducive to their learning and not carry out paragraph (3). funds to achieve energy efficiency perform- detrimental to their health. I was dis- ‘‘(3) STATE USE OF FUNDS.— ance that reduces energy use below the appointed that we were not successful ‘‘(A) SUBGRANTS.— school’s baseline consumption, assuming a 3- in our efforts to provide needed Federal ‘‘(i) IN GENERAL.—A State educational year, weather-normalized average for calcu- lating such baseline and to help bring support for repairs and renovations to agency receiving a grant under this section modernize our schools, and we have shall use the grant funds made available schools into compliance with health and under subsection (d)(1)(A) to award sub- safety standards. done a disservice to many of our chil- grants to local educational agencies to per- ‘‘(d) ALLOCATION OF FUNDS.— dren. mit such local educational agencies to carry ‘‘(1) IN GENERAL.—A State receiving a In the State of New York, for exam- out the activities described in paragraph (4). grant under this section shall use— ple, we have children who attend ‘‘(A) not less than 70 percent of such grant ‘‘(ii) LIMITATION.—A State educational schools that are in deplorable condi- agency shall award subgrants under clause funds to carry out subsection (c)(3)(A); and tion. Approximately 67 percent of all (i) to local educational agencies that have ‘‘(B) not less than 15 percent of such grant funds to carry out subsection (c)(3)(B). the schools in New York have at least made a commitment to use the subgrant one inadequate building feature. That funds to develop healthy, high performance ‘‘(2) RESERVATION.—The Secretary may re- school buildings in accordance with the plan serve an amount not to exceed $300,000 per can mean a leaky roof or poor plumb- developed and approved pursuant to clause year from amounts appropriated under sub- ing or electrical shortages, windows (iii)(I). section (f) to assist State educational agen- that are broken, heating, ventilating, ‘‘(iii) IMPLEMENTATION.— cies in coordinating and implementing the air-conditioning systems that just Program. Such funds may be used to develop ‘‘(I) PLANS.—A State educational agency don’t work. What I hope we can do is to shall award subgrants under subparagraph reference materials to further define the take a hard look at what the effects of principles and criteria to achieve healthy, (A) only to local educational agencies that, these building conditions are on our in consultation with the State educational high performance school buildings. ‘‘(e) REPORT TO CONGRESS.— children. We have children in New agency and State offices with responsibil- ‘‘(1) IN GENERAL.—The Secretary shall con- ities relating to energy and health, have de- York attending classes in school build- duct a biennial review of State actions im- veloped plans that the State educational ings that average 50 years of age. In up- plementing this section, and shall report to agency determines to be feasible and appro- state New York the average is 38. Congress on the results of such reviews. priate in order to achieve the purposes for These are the problems that are ‘‘(2) REVIEWS.—In conducting such reviews, which such subgrants are made. brought to my attention every single the Secretary shall assess the effectiveness ‘‘(II) SUPPLEMENTING GRANT FUNDS.—The of the calculation procedures used by State day—leaking roofs and bad filtration State educational agency shall encourage educational agencies in establishing eligi- conditions that are beginning to dem- qualifying local educational agencies to sup- bility of local educational agencies for sub- onstrate health problems in the plement their subgrant funds with funds grants under this section, and may assess from other sources in the implementation of schools. other aspects of the Program to determine their plans. In central New York, the Council for whether the aspects have been effectively ‘‘(B) ADMINISTRATION.—A State edu- Occupational Health and Safety began implemented. cational agency receiving a grant under this receiving complaints from teachers and ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— students about a particular school. section shall use the grant funds made avail- There are authorized to be appropriated to able under subsection (d)(1)(B)— the Secretary to carry out this section— When the director inspected the build- ‘‘(i) to evaluate compliance by local edu- ‘‘(1) $250,000,000 for each of fiscal years 2002 ing, he discovered that the air filtra- cational agencies with the requirements of through 2005; and tion system was filled with hundreds of this section; ‘‘(2) such sums as may be necessary for colonies of fungus and that another ‘‘(ii) to distribute information and mate- each of fiscal years 2006 through 2011. part of the system was filled with stag- rials to clearly define and promote the devel- ‘‘(g) DEFINITIONS.—In this section: opment of healthy, high performance school nant water. At another school in Co- ‘‘(1) HEALTHY, HIGH PERFORMANCE SCHOOL hoes, NY, near Albany, the ventilation buildings for both new and existing facilities; BUILDING.—The term ‘healthy, high perform- ‘‘(iii) to organize and conduct programs for ance school building’ means a school build- problem in the city’s middle school was school board members, school district per- ing which, in its design, construction, oper- so bad that the school administration sonnel, architects, engineers, and others to ation, and maintenance, maximizes use of re- banned the use of chalk because the advance the concepts of healthy, high per- newable energy and energy-efficient prac- dust hung in the air, making it dif- formance school buildings; tices, is cost-effective on a life cycle basis, ficult for students and teachers to ‘‘(iv) to obtain technical services and as- uses affordable, environmentally preferable, breathe. sistance in planning and designing high per- durable materials, enhances indoor environ- formance school buildings; and I recently received an e-mail from a mental quality, protects and conserves father in Schenectady, NY. He wrote ‘‘(v) to collect and monitor information water, and optimizes site potential. me the following: pertaining to the high performance school ‘‘(2) RENEWABLE ENERGY.—The term ‘re- building projects funded under this section. newable energy’ means energy produced by My children attend school in the city of ‘‘(C) PROMOTION.—Subject to subsection solar, wind, geothermal, hydroelectric, or Schenectady. At the 90-year-old elementary (d)(1), a State educational agency receiving a biomass power.’’. school they attend, peeling lead-based paint, grant under this section may use grant funds a malfunctioning heat system resulting in for promotional and marketing activities, Mrs. CLINTON. Mr. President, I rise 80–90 degree classroom temperatures, and including facilitating private and public fi- today to focus the attention of my col- general disrepair have been the norm for nancing, working with school administra- leagues and our country on the envi- years. There have been persistent roof leaks, tions, students, and communities, and co- ronmental health and energy efficiency resulting in molds growing in the building. ordinating public benefit programs. of our Nation’s schools. Maintenance of playgrounds to conform to

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.027 pfrm03 PsN: S07PT1 S5950 CONGRESSIONAL RECORD — SENATE June 7, 2001 safety standards has been neglected. Many of The American Public Health Associa- By incorporating provisions of legis- these problems continue to exist today. I be- tion recently passed a resolution call- lation I recently introduced, the lieve that the primary cause of this is the ing for further research on the extent Healthy and High Performance Schools highly constrained financial resources that are available in aging, low- to moderate-in- and impact of children’s environmental Act of 2001, this amendment would pro- come urban communities. health and safety risks and exposures vide funds for States to provide infor- This morning, the Rochester Demo- at schools and prevention measures, in- mation and materials to schools, help crat and Chronicle reported that to- cluding research sponsored by the U.S. States organize, and conduct programs morrow in Pittsford, NY, there will be Department of Education. for school board members, school dis- a 3-hour public forum on the impact My amendment would authorize $2 trict personnel, architects, engineers, that environmental hazards in school million for a study conducted by the and others, and would help bring our buildings have on teachers and stu- Department of Education in conjunc- schools up to code, the codes that will dents. This forum in Pittsford is part tion with the Centers for Disease Con- make our schools healthier and a bet- of a series of EPA informational ses- trol and the Environmental Protection ter investment when it comes to en- sions on environmental problems in Agency to evaluate the health and ergy usage, to install insulation, en- our schools. These stories from New learning impacts of sick and dilapi- ergy-efficient fixtures, and the like. York reflect a serious problem across dated public school buildings on the With these Federal funds, we can our country. children who attend those schools. make our schools more energy efficient A 1996 GAO study found that 15,000 This study would specifically call for which can save money which can then schools in the United States have in- researchers to determine the charac- be used to reinvestment in our chil- door pollution or ventilation problems teristics of our public schools that con- dren’s education that all of us in this affecting over 11 million children. Fur- tribute to unhealthy environments, in- body support. thermore, as many as 25 million stu- cluding the prevalence of such charac- I thank Senators KENNEDY and dents nationwide are attending schools teristics as the ones I have just men- GREGG for the opportunity to offer this with at least one unsatisfactory envi- tioned in our elementary and sec- important amendment. I also reference ronmental condition. ondary school buildings. How can we the energy legislation that has been in- This is something I don’t think we better monitor the situation and what troduced by Senators MURKOWSKI and can afford to ignore because indoor air steps can we take or help our local BINGAMAN which include provisions to can have an even greater effect on chil- school districts take to remedy this bring this about. dren than the air they breathe outside. situation? I appreciate the opportunity for the The EPA warns that Americans spend Hand in hand with our environmental entire Senate to vote on this amend- 90 percent of our time indoors. With health is the issue of energy efficiency ment which will be a healthy vote as children spending much of their day in- because many of the problems are from well as an energy-efficient vote on be- side schools, that pollution can add up, old ventilating systems, old heating half of our children. No parent should and it can be a greater stress on them systems that are not in working order have to worry about sending a child to than anything they encounter outside. and cause health problems, as well as school because it is a health risk. No We know that poor indoor air quality costing more in energy than should be school district should have to worry severely impacts children’s health. the norm. more about paying the lighting bill or In this amendment, we are asking According to the American Lung As- the heating bill than paying their that we help our schools deal with sociation, asthma accounts for 10 mil- teachers. lion lost schooldays annually and is their energy costs. The U.S. Depart- Understanding the effects of the leading cause of school absentee- ment of Energy estimates that schools unhealthy classrooms and school build- ism attributed to a chronic condition. can save 25 to 30 percent of the money ings and moving toward energy effi- Furthermore, a survey conducted by they currently spend on energy—name- ciency goes hand in hand with the high New York City Health Schools Work- ly, about $1.5 billion—through better standards we set in this bill. I urge all ing Group found that 40 percent of building design and use of energy-effi- of my colleagues to vote for healthy schoolchildren who had a preexisting cient appliances, renewable energy schools, energy-efficient schools, and condition, such as asthma, worsened technologies, and just plain improve- better educational outcomes for all of from their being in school. ments to operations and maintenance. In addition to facing poor air quality, I recently visited the John F. Ken- our children. we also know that our children are ex- nedy Elementary School in Kingston, I ask unanimous consent that my posed to chemicals, lead paint, and NY. It is leading the way in our State amendment be laid aside and await a other hazardous substances. In fact, in making schools more energy effi- vote which I hope we will be able to the GAO found in their 1996 study that cient and saving money. In fact, last schedule for next week. I yield back two-thirds of schools were not in com- year, the Kingston School District the remainder of my time. pliance with requirements to remove or saved $395,000 through energy-efficient The PRESIDING OFFICER. Without correct hazardous substances, includ- upgrades. objection, it is so ordered. The Senator ing asbestos, lead, underground storage When I was there, I released a bro- from Massachusetts. tanks, and radon. And experts believe chure that we are sending to every Mr. KENNEDY. Mr. President, I that exposure during childhood, when school superintendent in New York thank the Senator from New York for children are developing, may have se- called ‘‘Smart Schools Save Energy, giving focus to two extremely impor- vere long-term effects. Promoting Energy Efficiency in New tant issues. One deals with the ineffi- In Monroe County, NY, a group York State Schools,’’ with a lot of good ciencies in many of the older schools, called Rochesterians Against the Mis- ideas about how to go about making in urban and rural areas. This is some- use of Pesticides have been doing sur- the schools energy efficient and saving thing that should be done. It is not veys of indoor and outdoor pesticide money to be used on computers or being done. It is particularly important use by schools since 1987. That latest other important needs of the school. to consider since we have been unable survey in 1999 showed that schools in What we have been told is that many to accept a school construction amend- Rochester were using 72 different pes- school personnel want to do what is ment that would deal with the mod- ticides. That is, as one member of the being recommended in this brochure ernization of our schools. group said, a real chemical soup to and is known to many school districts, With all the challenges we are facing which our children are being subjected. but they need a little bit of help to do in energy efficiency, having visited so What I am hoping is that we can it. They need that startup grant money many of the schools in many of the build on the work that has been done that will enable them to make the older communities in my own State, in some places, such as Rochester, and changes that will save them money. this is something that can make an the Healthy Schools Network in Al- This amendment would provide grants enormous difference. I do not know bany, NY, and try to find out more to States to help districts make their whether the Senator has had the expe- about what happens to our children’s buildings healthier and more energy ef- rience, but in Massachusetts we had an health inside our schools. ficient. energy expert come in and look at our

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.109 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5951 home down on Cape Cod. The rec- Mr. REID. Madam President, I ask AMENDMENT NO. 557 AS MODIFIED ommendations they made and the sav- unanimous consent that the order for (Purpose: To provide additional limitations ings that could be achieved were truly the quorum call be rescinded. on national testing of students, national testing and certification of teachers, and remarkable. We are not getting that The PRESIDING OFFICER. Without kind of evaluation which is available in the collection of personally identifiable in- objection, it is so ordered. formation) the private sector in the school dis- tricts. We hope school districts will go Mr. KENNEDY. Madam President, I On page 29, between lines 14 and 15, insert the following: ahead. ask unanimous consent the Senate re- ‘‘SEC. 16. ADDITIONAL LIMITATIONS. The Senator’s amendment recognizes sume consideration of S. 1 on Monday, June 11, at 2:30, and Senator BOND be ‘‘(a) NATIONAL TESTING.— there are other priorities for school ‘‘(1) IN GENERAL.—Notwithstanding any boards, and there is a national interest recognized to call up amendment No. 476, with 30 minutes for debate, equally other provision of this Act or any other pro- in having greater efficiency. vision of law, and except as provided in para- divided in the usual form, with no sec- In the area of health, this is enor- graph (2), no funds available to the Depart- ond-degree amendments in order; fol- mously important. I think all of us—I ment or otherwise available under this Act lowing debate, the amendment be laid know the Senator has—worked in the may be used for any purpose relating to a na- aside and Senator LANDRIEU be recog- tionwide test in reading, mathematics, or area of lead paint poisoning and the nized to call up amendment No. 475 re- any other subject, including test develop- impact that has particularly on small- garding title I, with 2 hours equally di- ment, pilot testing, field testing, test imple- er children, situations where older chil- vided in the usual form, with no sec- mentation, test administration, test dis- dren bring the lead paint dust back to ond-degree amendments in order. tribution, or any other purpose. their homes, and they can be consumed ‘‘(2) EXCEPTION.—Paragraph (1) shall not by infants and the potential health Further, that at 5:15 the Senate vote apply to the following: hazards to these children is dramatic. in relation to Landrieu amendment No. ‘‘(A) The National Assessment of Edu- There is asbestos, radon, and new 475; and, following the disposition of cational Progress carried out under sections 411 through 413 of the Improving America’s chemicals which we all know about in the Landrieu amendment, there be 4 minutes for closing debate to a vote in Schools Act of 1994 (20 U.S.C. 9010–9012). the industrial areas that are being ‘‘(B) The Third International Math and given attention in OSHA. The schools relation to the Bond amendment No. Science Study (TIMSS). are increasingly exposed to these chal- 476. ‘‘(b) MANDATORY NATIONAL TESTING OR lenges. It is having an impact. Further, on Tuesday, June 12, the CERTIFICATION OF TEACHERS.—Notwith- I commend the Senator for bringing Senate resume consideration of the standing any other provision of this Act or this up. In Woburn, MA—the Senator education bill at 9:30, and Senator any other provision of law, no funds avail- able to the Department or otherwise avail- probably read the book ‘‘A Civil Ac- GREGG be recognized to call up amend- able under this Act may be used for any pur- tion,’’ or saw the movie on it. We had ment No. 536, and there be 4 hours of pose relating to a mandatory nationwide test the greatest concentration of chil- debate equally divided, with no second- or certification of teachers or education dren’s leukemia in the country. It was degree amendments in order. paraprofessionals, including any planning, in a very narrow area. This was adja- Further, following the disposition of development, implementation, or adminis- tration of such test or certification. cent to conditions which were illus- the Gregg amendment, Senator CARPER trated in ‘‘A Civil Action.’’ The fami- ‘‘(c) DEVELOPMENT OF DATABASE OF PER- be recognized to call up amendment SONALLY IDENTIFIABLE INFORMATION.—Noth- lies who were involved were similar in No. 518, with no second-degree amend- ing in this Act (other than section 1308(b)) situations. ments in order, and there be 2 hours of shall be construed to authorize the develop- We knew a certain distance upstream debate equally divided; that upon the ment of a nationwide database of personally from where the wells were they were use of the time, the Senate vote in re- identifiable information on individuals in- dumping these old wooden casks which lation to the amendment. volved in studies or other collections of data had been filled with acids used in under this Act.’’. tanneries in Lynn where they process The PRESIDING OFFICER. Without it, and some magnificent leather prod- objection, it is so ordered. AMENDMENT NO. 483 AS MODIFIED ucts were produced there. But they Mr. KENNEDY. In light of this agree- (Purpose: To establish a National Panel on Teacher Mobility) were dumping, and these wells were ment, there will be no further rollcalls anywhere from 10 to 15 miles down- this evening. There will be two rollcall Beginning on page 380, strike line 5 and all votes beginning at 5:15 on Monday, that follows through page 383, line 21, and in- stream. There were open wells, and sert the following: June 11. families were using the wells, and the SEC. 202. TEACHER MOBILITY. children were getting leukemia. It was AMENDMENTS NOS. 557, AS MODIFIED, 483, AS (a) SHORT TITLE.—This section may be as certain as we are standing here, it MODIFIED, 404, AS MODIFIED, 556, AS MODIFIED, cited as the ‘‘Teacher Mobility Act’’. was related to these chemical prob- 624, AS MODIFIED, 548, AND 415, EN BLOC, TO (b) MOBILITY OF TEACHERS.—Title II of the lems. We had the best toxicologists in AMENDMENT 358 Elementary and Secondary Education Act of the world examine the water, and they 1965 (20 U.S.C. 6601 et seq.), as amended by Mr. KENNEDY. I have a package of section 201, is further amended by adding at could not find anything wrong with it— cleared amendments. I ask unanimous nothing. The best from CDC, the best the end the following: consent it be in order for those amend- ‘‘PART D—TEACHER MOBILITY universities and toxicologists, have ments to be considered en bloc, any ap- ‘‘SEC. 2401. NATIONAL PANEL ON TEACHER MO- never been able to detect a particular plicable modifications be agreed to, the ingredient that caused it, but we knew BILITY. amendments be agreed to, and the mo- ‘‘(a) ESTABLISHMENT.—There is established it was happening. tion to reconsider be laid upon the a panel to be known as the National Panel The Senator is pointing out what I table, en bloc. on Teacher Mobility (referred to in this sec- have seen. We know it is happening in tion as the ‘panel’). The PRESIDING OFFICER. Without some schools. The children are getting ‘‘(b) MEMBERSHIP.—The panel shall be com- sick, it is affecting their ability to objection, it is so ordered. posed of 9 members appointed by the Sec- learn. We can benefit from this effort. The clerk will report the amend- retary. The Secretary shall appoint the I thank the Senator and look forward ments, en bloc: members from among practitioners and ex- perts with experience relating to teacher to supporting this amendment when we The legislative clerk read as follows: mobility, such as teachers, members of have a chance. I urge our colleagues to teacher certification or licensing bodies, fac- The Senator from Massachusetts [Mr. KEN- accept it. I thank her for bringing it to ulty of institutions of higher education that NEDY] proposes amendments Nos. 557, 483, 404, the floor this evening. 556, 624, 548, and 415. prepare teachers, and State policymakers Mr. REID. I suggest the absence of a with such experience. quorum. The PRESIDING OFFICER. The ‘‘(c) PERIOD OF APPOINTMENT; VACANCIES.— Members shall be appointed for the life of The PRESIDING OFFICER (Mrs. question is on agreeing to the amend- ments, en bloc. the panel. Any vacancy in the panel shall CLINTON). The clerk will call the roll. not affect the powers of the panel, but shall The legislative clerk proceeded to The amendments were agreed to, as be filled in the same manner as the original call the roll. follows: appointment.

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‘‘(d) DUTIES.— ‘‘(5) $25,000,000 for fiscal year 2002, and such AMENDMENT NO. 556 AS MODIFIED ‘‘(1) STUDY.— sums as may be necessary for each of the 6 (Purpose: To provide additional protections ‘‘(A) IN GENERAL.—The panel shall study succeeding fiscal years to carry out section and limitations regarding private schools, strategies for increasing mobility and em- 4126.’’. religious schools, and home schools) ployment opportunities for high quality On page 565, between lines 18 and 19, insert On page 29, between lines 14 and 15, insert teachers, especially for States with teacher the following: the following: shortages and States with districts or ‘‘SEC. 4126. SUICIDE PREVENTION PROGRAMS. ‘‘SEC. 16. ADDITIONAL LIMITATIONS AND PRO- schools that are difficult to staff. TECTIONS REGARDING PRIVATE, RE- ‘‘(B) DATA AND ANALYSIS.—As part of the ‘‘(a) GRANTS AUTHORIZED.— LIGIOUS, AND HOME SCHOOLS. study, the panel shall evaluate the desir- ‘‘(1) AUTHORITY.—The Secretary is author- ‘‘(a) APPLICABILITY TO HOME SCHOOLS.— ability and feasibility of State initiatives ized to award grants and contracts to ele- Nothing in this Act shall be construed to af- that support teacher mobility by collecting mentary schools and secondary schools for fect home schools, whether or not a home data and conducting effective analysis on— the purpose of— school is treated as a home school or a pri- ‘‘(i) teacher supply and demand; ‘‘(A) developing and implementing suicide vate school under State law or to require ‘‘(ii) the development of recruitment and prevention programs; and any home schooled student to participate in hiring strategies that support teachers; and ‘‘(B) to provide training to school adminis- any assessment referenced in this Act. ‘‘(iii) increasing reciprocity of licenses trators, faculty, and staff, with respect to ‘‘(2) CONSTRUCTION OF SUPERSEDED PROVI- across States. identifying the warning signs of suicide and SION.—Section 11 shall have no force or ef- ‘‘(2) REPORT.—Not later than 1 year after creating a plan of action for helping those at fect. the date on which all members of the panel risk. ‘‘(b) APPLICABILITY TO PRIVATE SCHOOLS.— have been appointed, the panel shall submit ‘‘(2) AWARD BASIS.—The Secretary shall Nothing in this Act shall be construed to af- to the Secretary and to the appropriate com- award grants and contracts under this fect any private school that does not receive mittees of Congress a report containing the section— funds or services under this Act, or to re- results of the study. ‘‘(A) on a competitive basis; quire any student who attends a private ‘‘(e) POWERS.— ‘‘(B) in a manner that complies with the school that does not receive funds or services ‘‘(1) HEARINGS.—The panel may hold such requirements under subsection (c) of section under this Act to participate in any assess- hearings, sit and act at such times and 520E of the Public Health Service Act; and ment referenced in this Act. places, take such testimony, and receive ‘‘(C) in a manner that ensures that such ‘‘(c) APPLICABILITY TO PRIVATE, RELIGIONS, such evidence as the panel considers advis- grants and contracts are equitably distrib- AND HOME SCHOOLS OF GENERAL PROVISION able to carry out the objectives of this sec- uted throughout a State among elementary REGARDING RECIPIENT NONPUBLIC SCHOOLS.— tion. schools and secondary schools located in ‘‘(1) IN GENERAL.—Nothing in this Act or ‘‘(2) INFORMATION FROM FEDERAL AGEN- rural, urban, and suburban areas in the any other Act administered by the Secretary CIES.—The panel may secure directly from State. shall be construed to permit, allow, encour- any Federal department or agency such in- ‘‘(3) POLICY DISSEMINATION.—The Secretary age, or authorize any Federal control over formation as the panel considers necessary shall disseminate to elementary schools and any aspect of any private, religious, or home to carry out the provisions of this section. secondary schools any Department of Edu- school, whether or not a home school is Upon request of a majority of the members cation policy guidance regarding the preven- treated as a private school or home school of the panel, the head of such department or tion of suicide. under State law. This section shall not be agency shall furnish such information to the ‘‘(b) USES OF FUNDS.—Funds provided construed to bar private, religious, and home panel. under this section may be used for the fol- schools from participation in programs and OSTAL SERVICES.—The panel may use ‘‘(3) P lowing purposes: services under this Act. the United States mails in the same manner ‘‘(1) To provide training for elementary ‘‘(2) CONSTRUCTION OF SUPERSEDED PROVI- and under the same conditions as other de- school and secondary school administrators, SION.—Section 12 shall have no force or ef- partments and agencies of the Federal Gov- faculty, and staff with respect to identifying fect. ernment. the warning signs of suicide and creating a ‘‘(d) APPLICABILITY OF GUN-FREE SCHOOL ‘‘(f) PERSONNEL.— plan of action for helping those at risk. PROVISIONS TO HOME SCHOOLS.—Notwith- ‘‘(1) TRAVEL EXPENSES.—The members of ‘‘(2) To provide education programs for ele- standing any provision of part B of title IV, the panel shall not receive compensation for mentary school and secondary school stu- for purposes of that part, the term ‘school’ the performance of services for the panel, dents that are developmentally appropriate shall not include a home school, regardless but shall be allowed travel expenses, includ- for the students’ grade levels and are de- of whether or not a home school is treated as ing per diem in lieu of subsistence, at rates signed to meet any unique cultural and lan- a private school or home school under State authorized for employees of agencies under guage needs of the particular student popu- law. subchapter I of chapter 57 of title 5, United ‘‘(e) STATE AND LEA MANDATES REGARDING lations. States Code, while away from their homes or PRIVATE AND HOME SCHOOL CURRICULA.— ‘‘(3) To conduct evaluations to assess the regular places of business in the performance Nothing in this Act shall be construed to re- impact of programs and policies assisted of services for the panel. Notwithstanding quire any State or local educational agency under this section in order to enhance the section 1342 of title 31, United States Code, that receives funds under this Act from man- development of the programs. the Secretary may accept the voluntary and dating, directing, or controlling the cur- uncompensated services of members of the ‘‘(c) CONFIDENTIALITY.—Policies, programs, riculum of a private or home school, regard- panel. training materials, and evaluations devel- less of whether or not a home school is treat- ‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— oped and implemented under subsection (b) ed as a private school or home school under Any Federal Government employee may be shall address issues of safety and confiden- State law, nor shall any funds under this Act detailed to the panel without reimburse- tiality for the victim and the victim’s family be used for this purpose.’’ ment, and such detail shall be without inter- in a manner consistent with applicable Fed- ruption or loss of civil service status or eral and State laws. AMENDMENT NO. 624 AS MODIFIED privilege. ‘‘(d) APPLICATION.— (Purpose: To provide for the identification ‘‘(g) PERMANENT COMMITTEE.—Section 14 of ‘‘(1) IN GENERAL.—To be eligible to be and recognition of exemplary schools, and the Federal Advisory Committee Act (5 awarded a grant or contract under this sec- for demonstration projects to evaluate the U.S.C. App.) shall not apply to the panel. tion for any fiscal year, an elementary performance of such Blue Ribbon Schools) ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— school or secondary school shall submit an On page 776, line 17, strike ‘‘education’’ and ‘‘(1) IN GENERAL.—There is authorized to be application to the Secretary at such time all that follows through the end of line 19 appropriated to carry out this section such and in such manner as the Secretary shall and insert the following: ‘‘education and the sums as may be necessary for fiscal year prescribe. identification and recognition of exemplary 2002. ‘‘(2) CONTENTS.—Each application sub- schools and programs such as Blue Ribbon ‘‘(2) AVAILABILITY.—Any sums appropriated mitted under paragraph (1) shall— Schools, that are designed to promote the under the authorization contained in this ‘‘(A) describe the need for funds provided improvement of elementary and secondary subsection shall remain available, without under the grant or contract and the plan for education nationally. fiscal year limitation, until expended.’’. implementation of any of the activities de- ‘‘ ‘(e) BLUE RIBBON SCHOOLS DISSEMINATION scribed in subsection (b); DEMONSTRATION.— AMENDMENT NO. 404 AS MODIFIED ‘‘(B) provide measurable goals for and ex- ‘‘ ‘(1) IN GENERAL.—The Secretary shall (Purpose: To provide for the funding of pected results from the use of the funds pro- conduct demonstration projects to evaluate suicide prevention programs) vided under the grant or contract; and the effectiveness of using the best practices On page 507, line 4, strike ‘‘and’’. ‘‘(C) incorporate appropriate remuneration of Blue Ribbon Schools to improve the edu- On page 507, line 6, strike the period and for collaborating partners. cational outcomes of elementary and sec- insert ‘‘; and’’. ‘‘(e) APPLICABILITY.—The provisions of this ondary schools that fail to make adequate On page 507, between lines 6 and 7, insert part (other than this section) shall not apply yearly progress, as defined in the plan of the the following: to this section.’’. State under section 1111(b)(2)(B).

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‘‘ ‘(2) REPORT TO CONGRESS.—Not later than panied by such information as the Secretary ‘‘(1) to prohibit an entity involved with the 3 years after the date on which the Secretary may reasonably require. program from reporting a crime that is com- implements the initial demonstration ‘‘(2) CONTENT.—An application submitted mitted by a student, to appropriate authori- projects under subsection (a), the Secretary under this section shall— ties; or shall submit to Congress a report regarding ‘‘(A) describe the program to be funded ‘‘(2) to prevent State law enforcement and the effectiveness of the demonstration under the grant, contract, or cooperative judicial authorities from exercising their re- projects. agreement; sponsibilities with regard to the application ‘‘ ‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) explain how such program will in- of Federal and State law to crimes com- There is authorized to be appropriated to crease access to quality mental health serv- mitted by a student. carry out this subsection $7,500,000 for fiscal ices for students; ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— year 2002, and such sums as may be necessary ‘‘(C) explain how the applicant will estab- There is authorized to be appropriated to in each of the 7 fiscal years thereafter.’’. lish a crisis intervention program to provide carry out this section, $50,000,000 for fiscal immediate mental health services to the year 2002, and such sums as may be necessary AMENDMENT NO. 548 school community when necessary; for fiscal years 2003 through 2005. (Purpose: To limit the application of the ‘‘(D) provide assurances that— AMENDMENT NO. 404, AS MODIFIED bill) ‘‘(i) persons providing services under the Mr. MURKOWSKI. Madam President, At the appropriate place, add the fol- grant, contract or cooperative agreement are every year, thousands of youth die in lowing: adequately trained to provide such services; the United States, not from cancer or ‘‘SEC. . (a) Whereas the Bible is the best ‘‘(ii) the services will be provided in ac- car accidents, but by their own hand, selling, most widely read, and most influen- cordance with subsection (e); and ‘‘(iii) teachers, principal administrators, they make the choice that they want tial book in history; to die, and they take their own life. (b) Whereas familiarity with the nature of and other school personnel are aware of the religious beliefs is necessary to under- program; Statistics show that suicide is the 3rd standing history and contemporary events; ‘‘(E) explain how the applicant will support leading cause of death among those 15 (c) Whereas the Bible is worthy of study and integrate existing school-based services to 25 years of age, and it is the 6th for its literary and historic qualities; with the program to provide appropriate leading cause of death among those 5 (d) Whereas many public schools through- mental health services for students; and to 14 years of age. 5 year old children, out America are currently teaching the Bible ‘‘(F) explain how the applicant will estab- killing themselves! But it’s the truth. as literature and/or history; lish a program that will support students Statistics show that more than 13 of and the school in maintaining an environ- SEC. . It is the sense of the Senate that every 100,000 teenagers took their life nothing in this Act or any provision of law ment conducive to learning. shall discourage the teaching of the Bible in ‘‘(e) USE OF FUNDS.—A State educational in 1990, and that number’s rising every any public school.’’. agency, local educational agency, or Indian year. Many think that these are iso- tribe, that receives a grant, contract, or co- lated incidents, but they aren’t. It is AMENDMENT NO. 415 operative agreement under this section shall estimated that 500,000 teenagers try to (Purpose: To establish a grant program) use amounts made available through such kill themselves every year, and about grant, contract or cooperative agreement On page 565, between lines 18 and 19, insert 5,000 succeed. to— In my home State of Alaska, suicide the following: ‘‘(1) enhance, improve, or develop collabo- ‘‘SEC. 4126. GRANTS FOR THE INTEGRATION OF rative efforts between school-based service is the greatest cause of death among SCHOOLS AND MENTAL HEALTH SYS- systems and mental health service systems high school age youths. In fact, Alas- TEMS. to provide, enhance, or improve prevention, ka’s suicide rate is more than twice the ‘‘(a) IN GENERAL.—The Secretary shall diagnosis, and treatment services to stu- rate for the entire United States. Re- award grants, contracts, or cooperative dents; cent studies have shown that girls are agreements to State educational agencies, ‘‘(2) enhance the availability of crisis local educational agencies, or Indian tribes, more likely to report suicide thoughts, intervention services, appropriate referrals for the purpose of increasing student access plans, and attempts than are boys. for students potentially in need of mental to quality mental health care by developing Among Alaskan girls, 24.9 percent have health services and on going mental health innovative programs to link local school sys- seriously thought about suicide, 20.5 services; tems with the local mental health system. ‘‘(3) provide training for the school per- percent have made a plan for suicide, ‘‘(b) DURATION.—With respect to a grant, sonnel and mental health professionals who and 10 percent have reported a suicide contract, or cooperative agreement awarded will participate in the program carried out attempt. Among Alaskan boys, 12.5 under this section, the period during which under this section; percent have seriously thought about payments under such award are made to the ‘‘(4) provide technical assistance and con- recipient may not exceed 5 years. suicide, 10.8 percent have made a plan sultation to school systems and mental ‘‘(c) INTERAGENCY AGREEMENTS.— for suicide, and 5.3 percent have re- health agencies and families participating in ‘‘(1) DESIGNATION OF LEAD AGENCY.—The re- ported a suicide attempt. Alarmingly, the program carried out under this section; cipient of each grant, contract, or coopera- Alaska Native teens attempt suicide at ‘‘(5) provide linguistically appropriate and tive agreement shall designate a lead agency four times the rate of non-Native culturally competent services; and to direct the establishment of an inter- ‘‘(6) evaluate the effectiveness of the pro- teens. agency agreement among local educational gram carried out under this section in in- Only recently have the knowledge agencies, juvenile justice authorities, mental creasing student access to quality mental and tools become available to approach health agencies, and other relevant entities health services, and make recommendations suicide as a preventable problem with in the State, in collaboration with local enti- to the Secretary about sustainability of the realistic opportunities to save lives. ties and parents and guardians of students. program. ‘‘(2) CONTENTS.—The interagency agree- Last month the Surgeon General issued ‘‘(f) DISTRIBUTION OF AWARDS.—The Sec- ment shall ensure the provision of the serv- a ‘‘National Strategy for Suicide Pre- retary shall ensure that grants, contracts, vention.’’ The ‘‘National Strategy’’ re- ices to a student described in subsection (e) and cooperative agreements awarded under specifying with respect to each agency, au- subsection (a) are equitably distributed quires a variety of organizations and thority or entity— among the geographical regions of the individuals to become involved in sui- ‘‘(A) the financial responsibility for the United States and between urban and rural cide prevention and emphasizes coordi- services; populations. nation of resources and culturally ap- ‘‘(B) the conditions and terms of responsi- ‘‘(g) OTHER SERVICES.—Any services pro- propriate services at all levels of gov- bility for the services, including quality, ac- vided through programs established under ernment—Federal, State, tribal and countability, and coordination of the serv- this section must supplement and not sup- ices; and community. plant existing Mental Health Services, in- One of the objectives included in the ‘‘(C) the conditions and terms of reim- cluding any services required to be provided bursement among the agencies, authorities under the Individuals with Disabilities Edu- Surgeon General’s ‘‘National Strategy’’ or entities that are parties to the inter- cation Act (20 U.S.C. 1400 et seq.). is developing and implementing suicide agency agreement, including procedures for ‘‘(h) EVALUATION.—The Secretary shall prevention programs. His goal is to en- dispute resolution. evaluate each program carried out by a sure the integration of suicide preven- ‘‘(d) APPLICATION.— State educational agency, local educational tion into organizations and agencies ‘‘(1) IN GENERAL.—To be eligible to receive agency, or Indian tribe, under this section that have access to groups that may be a grant, contract, or cooperative agreement and shall disseminate the findings with re- at risk. The objectives also address the under this section, a State educational agen- spect to each such evaluation to appropriate cy, local educational agency, or Indian tribe public and private entities. need for planning at both the State and shall submit an application to the Secretary ‘‘(i) REPORTING.—Nothing in Federal law local levels, the need for technical as- at such time, in such manner, and accom- shall be construed— sistance in the development of suicide

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.029 pfrm03 PsN: S07PT1 S5954 CONGRESSIONAL RECORD — SENATE June 7, 2001 prevention programs and the need for awards are outcomes-based, focused on similar programs and decide which ap- ongoing evaluation. The amendment I which schools improve test scores from proach best fits their own needs. Be- am proposing today would help imple- one year to another. The Blue Ribbon cause these programs come from Blue ment these objectives. It would allow program offers a contrast. It recognizes Ribbon Schools, they are researched- for state and local educational agen- schools that work with parents and based and have been favorably reviewed cies to create suicide prevention pro- community members to identify short- by educational experts. I have also re- grams through the Safe and Drug Free comings within the school and design quired the Secretary to report to Con- School and Communities Program. Re- programs to successfully address those gress on the effectiveness of these dem- search has shown that many suicides shortcomings. I believe that we should onstration projects 3 years after the are preventable; however, effective sui- continue to recognize these schools. demonstration begins, so we will know cide prevention programs require com- For the Blue Ribbon Program to con- if this process is working. mitment and resources. I feel that the tinue and thrive, we must commit to Mr. KENNEDY. I thank our col- Federal Government should provide the applying the information we gather leagues for their cooperation. We have resources and support to States and lo- from Blue Ribbon designees to offer been making important progress. I am calities. schools in need of improvement. This not sure we can say yet tonight that My amendment would allow the Sec- process works. Beaufort Elementary the end is quite in sight, but hopefully retary of Education to award $25 mil- School was included in a list of the 200 we can say that at the early part at the lion worth of grants to elementary and worst schools in South Carolina during end of the day on Tuesday we might be secondary schools for the purpose of: the 1994–95 school year. Yet instead of able to see a glimmer of hope for reach- (1) developing and implementing sui- relying on an academic or bureaucratic ing a final disposition of this legisla- cide prevention programs; and (2) pro- improvement process, the school con- tion. vide for the training of school adminis- structed a road map for reform using I thank all colleagues for their co- trators, faculty and staff with respect the successful practices of Blue Ribbon operation, and I thank my friend from to identifying the warning signs of sui- Schools. Less then six years later, New Hampshire, Senator GREGG, and, cide and creating a plan of action for Beaufort Elementary received a Blue as always, the Senator from Nevada, helping those at risk. Ribbon designation of its own, symbol- Mr. REID. This is a small step in the right di- izing a 180-degree turnaround. Another Mr. REID. Madam President, before rection. It is time that we do some- school that has successfully used this going to morning business, I com- thing to fight the suicide epidemic. process to generate positive school re- pliment the managers of this legisla- With an unacceptably high suicide form is Handle Middle School in Co- tion. It is obvious they are both vet- rate, more attention must be focused lumbia, SC. I hope all of my colleagues erans and understand the legislative on both the causes and solutions to will take the time to read the May 21, process. We have made great progress this growing tragedy. I urge my col- 2001 issue of Time magazine that recog- the last 2 days. leagues to support this amendment. nizes Hand Middle School as the Middle As Senator KENNEDY has said, next America’s youth are crying out for School of the Year. The article does a week we should be able to finish this help. much better job than I could of describ- bill with a little bit of luck. AMENDMENT NO. 624, AS MODIFIED ing a school that implemented changes f Mr. HOLLINGS. Mr. President, I rise based on the successful practices of today to thank the distinguished Sen- Blue Ribbon schools and rallied the MORNING BUSINESS ator from Massachusetts and the dis- community to create a better, more Mr. REED. I ask unanimous consent tinguished Senator from New Hamp- productive learning environment for we now go into a period of morning shire for accepting amendment No. 624, students. These schools now serve as a business, with Senators allowed to an amendment to continue the Blue model for other low-performing schools speak for up to 10 minutes, with the ex- Ribbon Schools program and authorize who are working tirelessly to reverse ception of Senator MURRAY, who wish- a demonstration program to inves- their fortunes. es 15 minutes, and Senator FEINGOLD tigate how we can implement the best I have included new authorization in for 15 minutes. practices of Blue Ribbon Schools in my amendment to allow the Depart- The PRESIDING OFFICER. Without schools that this bill identifies as need- ment of Education to initiate dem- objection, it is so ordered. ing improvement. onstration projects that would use the (The remarks of Mrs. MURRAY per- The United States Department of best practices of Blue Ribbon Schools taining to the submission of S. Con. Education awarded the first Blue Rib- to turn around schools that fail to Res. 47 are printed in today’s RECORD bon designations to middle and high make average yearly progress. This is under ‘‘Submission of Concurrent and schools in 1982. The first elementary an area that the Department has ne- Senate Resolutions.) schools received the designation in glected since the inception of the Blue The PRESIDING OFFICER. The Sen- 1985. Since that time, we have identi- Ribbon Program. As we speak, filing ator from Wisconsin. fied thousands of exemplary schools cabinets full of Blue Ribbon applica- f that have undergone a thorough self- tions containing information on re- assessment involving parents, teachers, search-based educational practices THE FEDERAL DEATH PENALTY and community members; evaluated that work are doing little else but SYSTEM their practices in areas such as school gathering dust. Let’s take this infor- Mr. FEINGOLD. Madam President, I leadership, professional development, mation and get it out to schools in rise today to speak with grave concern curriculum, and student support serv- need of improvement and see how it about a report released by the Justice ices; and proven that these practices works. Department yesterday on our Federal work through performance on stand- This is not a bureaucratic or regi- Government’s administration of the ardized tests and other indicators. I mented process. This is not a process death penalty. In that report and in his think every member of this body can that involves Federal or state govern- testimony before the House Judiciary attest to the quality of the Blue Rib- ments mandating one approach over Committee yesterday, Attorney Gen- bon Schools in his or her state. another. This is not a process that at- eral John Ashcroft said that he now The legislation before the Senate tempts to reinvent the wheel. This concludes that ‘‘there is no evidence of would create two new awards pro- would be a process that disseminates racial bias in the administration of the grams, the Achievement in Education information on practices that we know federal death penalty.’’ I am seriously, Awards and the No Child Left Behind are effective. I envision schools first seriously concerned about and, frankly, Awards. Mr. President, I did not offer identifying an area for development— disappointed by the Attorney General’s this amendment in opposition to the whether it be a new reading cur- statements. The report he released yes- Department offering these awards. In riculum, teacher mentoring or a drop- terday is not the in-depth analysis of fact, I support the recognition of out prevention program. Next, they are the federal death penalty ordered by schools that significantly improve stu- able to examine records from Blue Rib- his predecessor, Attorney General dent achievement. However, these two bon Schools that have implemented Reno, and President Clinton.

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.036 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5955 This is a very urgent matter because tion of Mr. Garza until June 19 to allow and provide inconclusive answers is the Federal Government, in a matter of the Justice Department time to com- just baffling. I am absolutely con- days, is about to resume executions for plete its review. President Clinton also founded by the Attorney General’s un- the first time in decades, including ordered the Justice Department to re- willingness to take such a simple step that of Juan Raul Garza. He is sched- port to the President by April of this to ensure fairness and to promote pub- uled to be executed by the United year on the results of its further re- lic confidence in the Federal system. States of America on June 19. Mr. view. President Clinton anticipated Now, Attorney General Ashcroft did Garza’s case has not received the level that this would have been sufficient say yesterday that he would order the of intense scrutiny or legal representa- time for the President to review the re- National Institute of Justice to study tion that his more notorious death row sults of the review before deciding the effectiveness of Federal, state and colleague, Timothy McVeigh, has re- whether to proceed with Mr. Garza’s local law enforcement in the investiga- ceived. But Mr. Garza’s case, and his execution on June 19. tion and prosecution of murder in possible execution, should cause the On January 10 of this year, before the American and how death penalty cases Attorney General, President Bush, and new administration took office, the are brought into the Federal system. our Nation even deeper soul-searching NIJ began its in-depth analysis by con- While this review may provide some than that which has begun with respect vening a meeting of outside experts, additional insight into the functioning to the scheduled execution of Mr. defense counsel and prosecutors to dis- of our criminal justice system, it is not McVeigh. cuss the questions that should form the the NIJ review of racial and geographic A survey on the Federal death pen- basis for the research proposals. disparities ordered by Attorney Gen- alty system was released by the U.S. Later in January, during his con- eral Reno. Department of Justice in September firmation hearing, Attorney General The supplemental report released 2000. That report showed racial and re- Ashcroft promised to continue and not yesterday lacks credibility: it is a case gional disparities in the Federal Gov- terminate the NIJ study. of ‘‘we looked at ourselves and there’s ernment’s administration of the death At that hearing, I asked him if he no evidence of bias.’’ Instead of com- penalty. In other words, who lives and would support the effort of the Na- pleting a thorough analysis of the ra- who dies in the Federal system appears tional Institute of Justice already un- cial and regional disparities with out- to relate to the color of the defendant’s derway to undertake the study of ra- side experts, as outlined by Attorney skin or the region of the country where cial and regional disparities in the Fed- General Reno, Attorney General the defendant is prosecuted. Attorney eral death penalty system that Presi- Ashcroft collected the additional General Reno, Deputy Attorney Gen- dent Clinton deemed necessary. data—also ordered separately by Attor- eral Holder, and President Clinton all Attorney General Ashcroft said, un- ney General Reno—threw in some said they were ‘‘troubled’’ or ‘‘dis- equivocally and emphatically, ‘‘yes.’’ statements that there is no evidence of turbed’’ by the results of that report. I then asked him whether he would bias and released it as a supplemental In fact, Attorney General Reno was continue and support all efforts initi- report. This report does not dig behind so troubled by the report that she im- ated by Attorney General Reno’s Jus- the raw data in the way that an in- mediately ordered the collection of ad- tice Department to undertake a thor- depth research and analysis could do. ditional data from U.S. attorney offices ough review and analysis of the Fed- To her credit, Attorney General Reno and, most importantly, the National eral death penalty system. recognized the need for input from out- Institute of Justice to conduct an in- Attorney General Ashcroft said, ‘‘... side experts. That is why she ordered depth examination in cooperation with the studies that are under way, I’m the National Institute of Justice to un- outside experts. grateful for them. When the material dertake the review of racial and re- I would like to take a moment to from those studies comes, I will exam- gional disparities. While I commended read what Attorney General Reno said ine them carefully and eagerly to see if Attorney General Reno for her action that day in September: there are ways for us to improve the in ordering further studies, I thought There are important limitations on the administration of justice.’’ she should have gone one step further scope of our survey. The survey only cap- I then followed up with yet a third and establish an independent, blue rib- tures data currently available beginning question on this subject: ‘‘So those bon commission to review the Federal when a U.S. attorney submits a capital eligi- studies will not be terminated?’’ system. That’s what Governor George ble case to the review committee and to me Attorney General Ashcroft re- Ryan did in Illinois, and the inde- for further review. This survey, therefore, sponded: ‘‘I have no intention of termi- pendent panel there has been doing does not address a number of important nating those studies.’’ some goodwork. I’ve introduced a bill issues that arise before the U.S. attorney In response to written questions I that applies Governor Ryan’s example submits a case: Why did the defendant com- mit the murder? Why did the defendant get provided to him following his live tes- to the Federal Government, the Na- arrested and prosecuted by Federal authori- timony, I asked the Attorney General a tional Death Penalty Moratorium Act. ties rather than by state authorities? Why number of related questions about the We should demand the highest stand- did the U.S. attorney submit the case for re- need to eliminate racial or regional ards of fairness and credibility in our view rather than enter a plea bargain? . . . bias from our system of justice. He re- Nation’s administration of the ulti- More information is needed to better under- plied that he believed the Department mate punishment. stand the many factors that effect how of Justice should undertake ‘‘all rea- Attorney General Ashcroft’s actions homicide cases make their way into the Fed- sonable and appropriate research nec- are wholly unsatisfactory and incon- eral system, and once in the Federal system, sistent with the promises he made to why they follow different paths. An even essary to understand the nature of the broader analysis must therefore be under- problem.’’ the Senate and the Nation during his taken to determine if bias does, in fact, play It is clear that Attorney General confirmation hearing. any role in the Federal death penalty sys- Ashcroft said he would continue and I was pleased to hear Attorney Gen- tem. not terminate the NIJ study initiated eral Ashcroft say on Friday, May 11: I’ve asked the National Institute of Justice by the Reno administration. I was Our system of justice requires basic fair- to solicit research proposals from outside ex- pleased to hear him make this commit- ness, evenhandedness and dispassionate perts, to study the reasons why, under exist- ment. evaluate of the evidence and the facts. These ing standards, homicide cases are directed to But, since the new administration fundamental requirements are essential to the state or Federal systems, and charged ei- took office, no steps have been taken protecting the constitutional rights of every ther as capital cases or non-capital cases, as citizen and to sustaining public confidence well as the factors accounting for the to move forward with the NIJ study. in the administration of justice.... It is present geographic pattern of submissions by Rather, the Attorney General now be- my responsibility to promote the sanctity of the U.S. Attorney’s Offices. The department lieves it would take much too long to the rule of law and justice. It is my responsi- will also welcome related research proposals conduct this in-depth analysis of dis- bility and duty to protect the integrity of that outside experts may suggest. parities and that it would provide in- our system of justice. In December, President Clinton, cit- definite answers. To say that the NIJ The basic fairness, evenhandedness ing this ongoing review by the Justice research should not be undertaken be- and dispassionate evaluation of the evi- Department, then delayed the execu- cause it may take more than a year dence and facts, about which he spoke,

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.038 pfrm03 PsN: S07PT1 S5956 CONGRESSIONAL RECORD — SENATE June 7, 2001 extend to the troubling racial and re- eign policy or a country the name of vadan, a good man, and a good friend, gional disparities in the Federal sys- which most of us have trouble pro- Mr. William T. Koot. On June 8, 2001, tem, as documented by the Department nouncing, he understands what is going Bill will be retiring from the Clark of Justice September 2000 report. on in that country and the human County District Attorney’s office after As my colleagues are aware, I oppose rights violations that take place. nearly 30 years of service. the death penalty. I have never made I never had the opportunity to say When Chief Deputy District Attorney any bones about that. But this is not publicly to my friend from Wisconsin William T. Koot retires on Friday, the really about just being opposed to the how impressed I am with his intellec- people of Clark County, NV, will lose a death penalty. This is about bias-free tual capabilities and his ability to ex- wonderful advocate. justice in America. I am certain that press them in this Chamber. I do that Bill has been the heart and soul of not one of my colleagues in the Sen- now and congratulate him. the Clark County District Attorney’s ate—not a single one—no matter how Mr. FEINGOLD. I thank the Senator Office for decades. The leadership that strong a proponent of the death pen- very much. he has provided, the examples that he alty, would defend racial discrimina- f has set, the standards of integrity that tion in the administration of that ulti- he has insisted upon for himself and for SENATE PAGE RECOGNITION mate punishment. The most funda- others, are immeasurable. He is a ter- mental guarantee of our Constitution Mr. LOTT. Madam President, this rific trial lawyer, an outstanding legal is equal justice under law, equal pro- Friday is graduation day for the Sen- scholar, a leader in the community, an tection of the laws. To be true to that ate pages. These young men and effective prosecutor, and most impor- central precept of our national iden- women are some of the hardest work- tantly, a good friend. tity, we have to take extremely seri- ing employees of the Senate. They have Bill’s legacy of service to the State of ously allegations that the death pen- a grueling schedule. Many people don’t Nevada is long and remarkable. He alty is being administered in a dis- know that the pages go to school from joined the Office of the District Attor- criminatory fashion. 6:00 a.m. until the Senate opens, and ney in 1972, after having served 3 years So I urge the Attorney General, in are here even past the time the Senate in the United States Marine Corps and the strongest possible terms, to recon- gavels out. In the past few weeks we acquiring his law degree from the Uni- sider his actions and direct the Na- have had several late evenings, some- versity of San Diego. tional Institute of Justice to continue times not leaving until after midnight. During his nearly 30 years of service, its study, with outside experts, of the While most of the Senate employees go Bill has tried literally thousands of racial and regional disparities in the home and go to sleep, the pages do not. cases. Of his 132 jury trials, Bill has Federal death penalty system. I also After work the pages have homework successfully prosecuted and obtained 93 urge him to provide the NIJ whatever and studying to do. Their work is never guilty verdicts. He has supervised with resources may be needed to complete done. distinction dozens of prosecutors, and this study. This is the only course con- They do an invaluable service for the during the past 6 years, he has headed sistent with the promises he made dur- United States Senate and get little ac- the office’s major violators unit. ing his confirmation hearing. claim. However the experience is ex- As Clark County District Attorney Furthermore, with Mr. Garza’s exe- traordinary and one they will remem- Stewart Bell has said, Bill Koot will cution still scheduled to take place and ber for the rest of their lives. truly be missed. I extend to him my the NIJ study at a standstill, I urge the Over the past semester the pages most sincere congratulations and the Attorney General to postpone Mr. have been witness to several historical appreciation of all Nevadans for his Garza’s execution until these questions events. The State of the Union, the good work on our behalf. of fairness are fully answered. The case passing of the largest tax cut in his- f of Mr. Garza—a Hispanic and convicted tory and being a part of an evenly di- KIDS AND GUNS in Federal court in Texas—implicates vided Senate. the very issues at the center of the un- I would like to take this opportunity Mr. LEVIN. Madam President, the fairness reflected in the DOJ report. It to recognize each page and the State June issue of the journal Pediatrics re- would be wholly illogical and unjust to that they represent. ports the results of a disturbing study go forward with plans for the execution Republicans: Kendall Fitch, South on children and guns. A journal article of Mr. Garza and subsequent executions Carolina; Jackie Grave, Missouri; Eliz- describes an experiment conducted by until the NIJ’s study is completed and abeth Hansen, Utah; Joshua Hanson, researchers from Emory University fully reviewed. It would be a great Indiana; JeNel Holt, Alaska; Adrian School of Medicine and Children’s travesty of justice, as well as a great Howell, Mississippi; Eddie McGaffigan, Healthcare of Atlanta-Egleston Hos- diminution in the public’s trust in the Virginia; Mary Hunter (Mae) Morris, pital. The researchers wanted to deter- Federal criminal justice system, if the Alabama; Jennifer Ryan, Idaho; Megan mine how sixty four eight to twelve Federal Government executed Mr. Smith, Kentucky; O. Dillion Smith, year old boys would behave when they Garza and the NIJ later completed its Vermont; Garrett Young, New Hamp- found a handgun in a presumably study, which corroborated racial or re- shire; unthreatening environment. gional bias in the administration of the Democrats: Libby Benton, Michigan; Researchers placed groups of two or Federal death penalty. Steve Hoffman, Vermont; Alexis three boys in a room with a one way The integrity of our system of justice Gassenhuber, Wisconsin; Kelsey Wal- mirror. Two water pistols and an ac- demands no less. ter, South Dakota; Michael Henderson, tual .380 caliber handgun were con- Madam President, I yield the floor. South Dakota; Kathryn Bangs, South cealed in separate drawers in the room. The PRESIDING OFFICER. The Sen- Dakota; Tristan Butterfield, Montana; When left alone for a mere 15 minutes, ator from Nevada. Lyndsey Williams, Illinois; Joshua nearly three quarters of the groups f Baca, New Mexico; Andrew Smith, found the handgun. Of those groups, Texas. more than three quarters handled the COMMENDING SENATOR FEINGOLD Congratulations to you all on a suc- guns. And 16 boys—one out of every Mr. REID. Before my friend from cessful semester as a Senate page. We four in the study—actually pulled the Wisconsin leaves the Chamber, I would wish you the best of luck as you en- trigger. And none of these boys knew like to say that I have always been counter all future challenges. Thank that the gun was not loaded. Perhaps very impressed with the Senator from you for your patronage and service to most distressing is the fact that more Wisconsin. I may not always agree the U.S. Senate. than 90 percent of those who handled with him on the issues—but most of f the gun or pulled the trigger had some the time I do—but one reason I am so form of gun safety instruction. impressed with him is he is always so IN HONOR OF MR. WILLIAM T. Despite this study and countless thorough and has such a conviction KOOT other examples of the potentially le- about the issue of which he speaks. Mr. REID. Madam President, I rise thal implications of mixing kids and Whether it is an issue dealing with for- today to honor a distinguished Ne- guns, the National Rifle Association

VerDate 11-MAY-2000 02:35 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.041 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5957 has not strayed from its mantra. When the best lawyers in the land. In the av- bomb shattered. We as a society cannot asked about the Emory study, an NRA erage death penalty case in Alabama, give the families back their loved ones, spokesman was reported to have said for example, the defense does not get but we can and should give them clo- simply ‘‘You can certainly assume that millions of public dollars. Sometimes, sure. As the Attorney General ac- the findings are artificial.’’ defense lawyers are paid less than the knowledged, you cannot have real clo- But I think Emory’s Dr. Arthur minimum wage for defending a man’s sure without a fair and complete legal Kellermann, a co-author of the study, life. Too often, in the average death process that ensures that all of the evi- had it right. Dr Kellerman said, ‘‘Since penalty case, corners are cut. dence has been properly examined. we can’t make kids gun proof, why We saw what comes of corner cutting We cannot achieve infallibility in our can’t we make guns kid proof?’’ That last month, when Jeffrey Pierce was criminal justice system, and we cannot makes sense to me. So while the NRA released from prison in Oklahoma. He spend millions of dollars on every trial. is free to bury its head in the sand, we served 15 years of a 65-year sentence for No one suggests that we should. But if are not. We in the Congress have a a rape he did not commit, because a po- we want real justice for those defend- moral responsibility to stand up for lice chemist claimed his hair was ‘‘mi- ants, like Jeffrey Pierce, who happen what’s right, close the loopholes in our croscopically consistent’’ with hair to be innocent, and real closure for vic- gun laws, and make our nation a little found at the crime scene. Turns out it tims of violent crime, we must ensure safer for our children and our grand- was someone else’s hair. Whoops: Mis- that we as a society do not cut corners children. takes happen. in the administration of criminal jus- tice. That requires, at a minimum, f The second lesson to be learned from the McVeigh case is this: Process mat- that we provide competent counsel to THE OKLAHOMA CITY BOMBING ters. The new documents that the FBI capital defendants and make DNA test- CASE discovered may have no bearing on ing available in all cases where it could Mr. LEAHY. Madam President, we McVeigh’s guilt or sentence, but that demonstrate the defendant’s innocence. are all familiar with the recent devel- does not excuse the FBI’s initial over- Process matters, for victims and de- opments in the Oklahoma City bomb- sight in failing to produce them. fendants alike, and I hope that we will ing case. Last month, just 6 days before The right to a fair trial is not some take real action in this Congress to Timothy McVeigh was to be executed, arcane legal technicality. It is the bed- pass the Innocence Protection Act and we learned that the FBI had withheld rock constitutional guarantee that stop cutting the corners. thousands of pages of documents from protects us all against wrongful convic- I ask unanimous consent to print in McVeigh’s defense team. The execution tions. The fair trial violation in Jeffrey the RECORD a recent Wall Street Jour- was then postponed until June 11 to Pierce’s case did have a bearing on his nal article discussing the growing sup- give McVeigh and his lawyers time to guilt or innocence, and cost an inno- port for stronger protections against review the evidence that should have cent man 15 years of his life. wrongful executions. been provided to them before the trial Finally, the McVeigh case reminds us There being no objection, the mate- began. that however much we may long for fi- rial was ordered to be printed in the The bombing of the Oklahoma City nality and closure in criminal cases, RECORD, as follows: Federal Building 6 years ago left 168 our first duty must always be to the DESPITE MCVEIGH CASE, CURBS ON people dead and hundreds more injured. truth. While I am dismayed by the EXECUTIONS ARE GAINING SUPPORT The Federal Government spent mil- FBI’s failure to produce evidence 6 (By John Harwood) lions investigating and prosecuting years ago, I would be far more troubled WASHINGTON.—Americans last year elected McVeigh, and millions more on his de- an enthusiastic proponent of capital punish- if it had tried to cover up its mistake. ment to the White House. And they’re ap- fense. The prosecution and the courts It appears that the FBI and the Depart- plauding the resumption of federal execu- bent over backwards to ensure that he ment of Justice acted responsibly tions next month, when mass murderer Tim- got a fair trial—one in whose outcome under the circumstances, by turning othy McVeigh is scheduled to die by lethal all Americans would have confidence. over the materials in an orderly man- injection. A member of the prosecution team ner and giving McVeigh time to con- Yet, paradoxically, the dawn of George W. once called McVeigh’s trial ‘‘a shining sider his response. The Government’s Bush’s presidency is bringing a swing in the example . . . of how the criminal justice pendulum away from executions in America. willingness to acknowledge its mistake Though most Americans continue to back system should work.’’ and uphold the rule of law was proper capital punishment, support has been drop- I have great respect for the dedicated and commendable. ping in recent years in tandem with declin- team of prosecutors and law enforce- It also stands in sharp contrast to ing rates of violent crime. Advances in DNA ment agents who worked on the Okla- the actions of certain State and local testing and scandals involving the prosecu- homa City bombing case. I honor their authorities. The sad truth is that in tion of major offenses have underscored the commitment and I commend their ac- America in the 21st Century, with the fallibility of evidence in capital cases. complishments. But I agree with the most sophisticated law enforcement One state, Illinois, has placed a morato- rium on the death penalty. Others, including trial judge that the FBI’s belated dis- and truth-detection technologies that Arkansas and North Carolina, have indi- covery of thousands of pages of docu- the world has ever seen, there are still rectly curbed its application by beefing up ments that were not turned over to the some law enforcers who would rather standards or taxpayer funds for the represen- defense was ‘‘shocking.’’ And I believe keep out critical evidence, and hide the tation of indigent defendants. The number of that this shocking incident holds some system’s potential mistakes from the people annually sentenced to death in the lessons for us about our criminal jus- public, than make sure of the truth. U.S. has fallen in three of the last four years tice system. There are still people playing ‘‘tough for which statistics are available, to 272, in First, something we all know, even if 1999, since peaking at 319 in 1994 and 1995. on crime’’ politics with people’s lives, Just last week, the Texas House voted to we do not want to admit: Mistakes at the expense of truth and justice. create the state’s first standards for court- happen. Even in the highest of high A prosecutor’s duty is to the truth, appointed lawyers. The Texas Senate had al- profile cases, where the world is watch- the whole truth, and nothing but the ready passed similar legislation. The Su- ing every step of the way, and even truth. That duty does not end just be- preme Court this fall is scheduled to revisit when the government devotes its most cause the defendant has been con- whether to bar the execution of mentally re- talented personnel and spares no ex- victed. As Attorney General Ashcroft tarded inmates. In the Republican-controlled pense, you cannot eliminate the possi- said in announcing the postponement Congress, support is building for stronger bility of human error or, as appears to of McVeigh’s execution: ‘‘If any ques- protections against the execution of defend- ants who may be innocent. be the case here, an unreliable com- tions or doubts remain about this case, puter system. it would cast a permanent cloud over SHIFT IN OKLAHOMA That should tell us something about The pendulum swing is occurring even in justice, diminishing its value and ques- Oklahoma City, where Mr. McVeigh bombed other less infamous cases. The average tioning its integrity.’’ the Alfred P. Murrah Federal Building six case, even the average death penalty One cannot think of the Oklahoma years ago, killing 168 people. There is early case, does not get the benefit of intense bombing case without thinking of the evidence that Oklahoma convicts are receiv- media scrutiny, and is not litigated by hundreds of victims whose lives that ing fewer death sentences in the wake of the

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.117 pfrm03 PsN: S07PT1 S5958 CONGRESSIONAL RECORD — SENATE June 7, 2001 state’s decision to improve legal counsel for stronger safeguards because it will mean Messages in popular culture, including poor defendants and expand access to DNA fewer executions. Supporters will tolerate films such as ‘‘The Green Mile’’ and ‘‘Dead testing. Recent allegations of misleading fewer executions as a means of stemming the Man Walking,’’ also helped soften attitudes testimony by an Oklahoma police chemist erosion of public confidence in the death by depicting the humanity of prisoners fac- who served as a frequent prosecution wit- penalty. The result is an emerging consensus ing execution. Sixteen months ago, oppo- ness, as well as the FBI’s mishandling of resembling a goal former President Bill Clin- nents of capital punishment claimed a strik- records in the McVeigh case, are only adding ton once articulated concerning abortion, ing breakthrough when Republican Gov. to pressure for better safeguards. which he said should be ‘‘safe, legal and George Ryan of Illinois imposed a death-pen- ‘‘The politics of the death penalty are rare.’’ alty moratorium in the sate amid mounting clearly changing . . . because of the blunders It isn’t the first time that post-World War evidence of botched cases. of the system,’’ says Oklahoma Gov. Frank II America has reconsidered capital punish- In Congress, legislation that would create Keating. Though he staunchly supports cap- ment. Before public attention focused on the financial incentives for states to expand ac- ital punishment, the conservative Repub- rising crime rates of the 1960s, and amid that cess to DNA testing and set standards for lican says he favors establishing a higher decade’s optimism about liberal social goals, legal representation of defendants in capital standard of proof in capital cases, even if support for capital punishment dropped cases is gathering support in both parties. In that makes death sentences more difficult to below 50%, notes Pew Center public-opinion the Senate, its 19 co-sponsors include four obtain. analyst Andrew Kohut. The supreme Court Republicans and last year’s Democratic vice Just five years ago, such a change was un- halted executions across the country in 1972, presidential candidate, Joseph Lieberman, thinkable. But it reflects a broader reconsid- declaring the death penalty’s application ar- who declined to back the bill a year earlier. eration taking place across the spectrum of bitrary and capricious. Its 191 co-sponsors in the House include sev- criminal-justice issues. But that was followed by years of steadily eral members of the GOP’s conservative Since crime rates began to soar in the increasing support for capital punishment, wing. 1960s, voters and politicians have responded as crime levels rose. In the 1970s, state legis- GOP Rep. Mark Souder of Indiana, one of with an increasing array of get-tough meas- latures scrambled to pass new death-penalty the co-sponsors, says, ‘‘I support he death ures, from more-aggressive police practices statutes designed to meet the Supreme penalty, [but] I’m a little uncomfortable. We to longer sentences to sterner jails. But now, Court’s constitutional objections. Today, want to be more sure.’’ There’s no sign of White House support for questions about the wisdom of America’s capital punishment is legal in 38 states. In such legislation, which if implemented could get-tough approach are coming from state 1977, Utah became the first state to resume executions after the high-court ruling, and 30 have the effect of significantly decreasing officials straining to finance the prison others have followed suit. the number of death sentences handed down. boom, leaders of poor neighborhoods de- In the late 1980s, moderate Democratic But one Bush adviser says the president pleted by the incarceration of rising numbers strategists said fielding a presidential nomi- ‘‘would probably have to sign’’ a death-pen- of drug offenders and criminologists con- nee who supported the death penalty was alty-reform bill if it reached his desk. cerned about the long-term effect of inmates crucial to the party’s hopes of recapturing Moderate GOP lawmaker Sherwood Boeh- of harsher jail practices. the White House after three consecutive Re- lert of New York says Mr. Bush should af- ‘‘Maybe we have gone too far,’’ says U.S. publican victories. They found such a can- firmatively embrace the cause to ‘‘soften’’ Rep. Ray LaHood, a member of the GOP didate in then-Arkansas Gov. Clinton, who his image after his narrow presidential-elec- leadership on Capitol Hill, whose downstate left the campaign trail at one point in 1992 tion victory. Among other things, such a Illinois district includes a federal prison. He specifically to preside over the execution of move could help tamp down hostility among is co-sponsoring the Innocence Protection murderer Ricky Ray Rector. black voters, who are far more inclined to Act, which would encourage states to pro- Public support for the death penalty oppose the death penalty than are whites. vide capital defendants with ‘‘competent crested at 80% in 1994, following another dec- Though African-Americans make up just 12% counsel’’ and death-row convicts with access ade of rising violent-crime rates. Legislation of the nation’s population, they represent to DNA testing. passed that year by a Democratic-controlled 43% of American inmates now on death row. Mr. LaHood says federal judges—both Re- Congress and signed by Mr. Clinton made States aren’t waiting for action from publicans and Democrats—are urging him to some 60 additional categories of crime, such Washington. Florida this year became the ease stiff ‘‘mandatory-minimum’’ drug-sen- as major narcotics trafficking, subject to the 15th state to bar the execution of mentally tencing laws and the 1987 U.S. sentencing federal death penalty. Two years later, an retarded inmates, in legislation now await- guidelines that took away most discretion antiterrorism bill signed by Mr. Clinton ing the promised signature of Gov. Jeb Bush, from judges. One of those judges, Michael placed new limitations on federal appeals by the president’s brother. Gov. Jim Gilmore of Mihm of Peoria, Ill., a Ronald Reagan ap- death-row inmates, while the new GOP ma- Virginia, whom Mr. Bush made chairman of pointee, says that with experience on the jority in Congress cut federal funding that the Republican National Committee earlier bench, he has concluded that some manda- aided defense lawyers in capital cases in this year, signed a statute to improve access tory minimums are excessive. At sentencing many states. to DNA testing. In Texas, Mr. Bush’s guber- time, ‘‘I am saying, ‘All right . . . could we natorial successor has also signed DNA legis- THEMES OF THE 1990S accomplish all of the legitimate concerns of lation, while lawmakers in Austin move for- the society with 10 years rather than 20, with But the tide of opinion turned under the ward on improvements in the state’s indi- 10 years rather than 30?’’’ influence of two of the most powerful themes gent-defense system. ‘‘We’re filling up our prisons,’’ Mr. LaHood running through American society in the Perhaps most striking, neighboring Okla- adds. More than 1.9 million people reside in late 1990s. One was improving social trends, homa, the focus of national attention be- the nation’s prisons and jails. ‘‘When people including a steady drop in rates of murder, cause of the McVeigh execution plans, began think about the number of prisons,’’ the con- rape and assault. Fear of violent crime like- taking similar steps four years ago. A state gressman says, ‘‘they really wonder if this is wise fell. The other was technological ad- board controlled by Gov. Keating hired Jim what we should be doing.’’ vancement, which in the forensic field led to Bednar to run the state agency that provides DNA evidence being used to exonerate some lawyers for poor defendants. Mr. Bednar had LOOKING AT MINIMUMS long-serving inmates, including some on formerly sought the death penalty as a state President Bush himself has raised similar death row. prosecutor and presided over its imposition questions about prison policy. ‘‘Long min- In 1996, two death-row prisoners in Illinois as a judge. imum sentences may not be the best way to were freed after an investigation by jour- In the past, if a lawyer assigned to rep- occupy jail space and/or heal people from nalism students at Northwestern University resent an indigent defendant ‘‘had vital their disease,’’ he told a CNN interviewer led to DNA testing that exonerated the in- signs, he was determined to be competent,’’ just before taking office in January. ‘‘And mates. A year later, the American Bar Asso- says Mr. Bednar. ‘‘In theory I’m not opposed I’m willing to look at that.’’ The administra- ciation called for a national moratorium on to the death penalty. But it’s the practice we tion is expected to propose sentencing the imposition of the death penalty. need to look at. The system is flawed.’’ changes later this year. Increasing opposition to capital punish- He began to overhaul the indigent-defense On capital punishment, the shift has oc- ment among religious leaders helped fuel the agency by winning funding increases to hire curred in spite of Mr. Bush, not because of shift in opinion. Catholic bishops have called better-quality lawyers. The agency is now him. In Texas, he presided over 152 execu- for the abolition of capital punishment as sending the message that attorneys for poor tions, more than any other U.S. governor in part of the ‘‘ethic of life’’ that leads to their inmates ‘‘are really going to show up and do the last quarter-century. He said earlier this opposition to abortion. In early 1999, then- our job,’’ Mr. Bednar says. month that the one-month delay in Mr. Missouri Gov. Mel Carnahan commuted the Because of stiffer opposition, prosecutors McVeigh’s execution is ‘‘an example of the death sentence of one inmate after receiving are becoming ‘‘more hesitant to seek the system being fair,’’ as he has long main- a personal plea from the Pope. Last year, death penalty,’’ he adds. In fiscal year 1998, tained. televangelist Pat Robertson, a former-Re- as Mr. Bednar was beginning to reorganize But that hasn’t stopped the development of publican presidential candidate, called for a his agency, prosecutors in the area served by an unusual community of interest across the moratorium on capital punishment, after his Norman office, which covers roughly the political spectrum as debate has shifted from earlier unsuccessfully lobbying Mr. Bush to western half of the state, sought death sen- whether capital punishment should exist to spare the life of convicted Texas murderer tences in 36 cases. They obtained the punish- how it is applied in practice. Opponents want Karla Faye Tucker. ment in four cases. Last year, prosecutors

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.042 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5959 sought 26 death sentences and obtained only Congress, to introduce the first pipe- safety. Let’s make pipelines safe first, one. line safety bill of the 106th Congress, before we lay down more pipelines. Doubts about the validity of some prosecu- and ultimately to pass legislation in If we learned anything last year, it’s tion evidence—sown most recently by the the Senate in September 2000 and again that we must not wait for another scandal involving alleged flaws in the work of Oklahoma City police chemist Joyce Gil- in February of this year. tragedy to force us to act. We must christ—may have also made juries more re- The Senate has done its job. Twice pass a comprehensive pipeline safety luctant to impose the death penalty in the the Senate has passed the strongest bill this year. state. Oklahoma Attorney General Drew pipeline safety measures to ever pass In the coming weeks and months, as Edmondson, whose office is reviewing the either chamber of Congress. Now it’s a member of Senate Transportation cases of all 121 death-row inmates in the time for the House and President Bush Appropriations Subcommittee, I will state to see if additional DNA testing is to do their part. continue to do everything I can to im- called for, has declined to set an execution The bill we passed in the Senate is a prove pipeline safety by making sure date for any of the 12 against whom Ms. Gil- major step forward. It isn’t everything that pipeline regulators have the re- christ had testified. Ms. Gilchrist, who was everyone could want, but it is a signifi- suspended by the Oklahoma City police de- sources they need to do their jobs effec- partment in March and now faces a state in- cant move in the right direction. Spe- tively. vestigation of her work, said in an interview, cifically, the bill: Improves the Quali- I know that we can’t undo what hap- ‘‘I stand by my testimony.’’ fication and Training of Pipeline Per- pened in Bellingham, but we can take Republican Gov. Keating says further steps sonnel, Improves Pipeline Inspection the lessons from the Bellingham trag- are needed. He proposes a higher standard of and Prevention Practices, Requires in- edy and put them into law so that fam- proof—‘‘moral certainty’’ of guilt—for cap- ternal inspection at least once every ilies will know the pipelines near their ital cases, instead of the families absence-of- five years, Expands the Public’s Right reasonable-doubt standard used in criminal homes are safe. Two years after the to Know about Pipeline Hazards, Bellingham disaster they deserve noth- trials. ‘‘The people now expect moral cer- Raises the Penalties for Safety Viola- tainty,’’ says Mr. Keating. ‘‘No system can ing less. tors, Enables States to Expand their survive if it’s fallible.’’ f Safety Efforts, Invests in New Tech- f nology to Improve Safety, Protects NATIONAL CORRECTION OFFICERS LOCAL LAW ENFORCEMENT ACT Whistle blowers, and Increases Funding AND EMPLOYEES WEEK OF 2001 for Safety Efforts by $13 billion. Mr. HUTCHINSON. Madam Presi- Mr. SMITH of Oregon. Madam Presi- Here we are, 2 years after that dis- dent, I am proud to rise today as an dent, I rise today to speak about hate aster in Bellingham and the legislation original cosponsor of Senator JEF- crimes legislation I introduced with we’ve passed in the Senate still hasn’t FORDS’ and Senator FEINSTEIN’s resolu- Senator KENNEDY last month. The become law. That is inexcusable. The tion designating this week as ‘‘Na- Local Law Enforcement Act of 2001 Bush Administration just issued an en- tional Correction Officers and Employ- would add new categories to current ergy plan that calls for 38,000 new miles ees Week.’’ I commend them for their hate crimes legislation sending a sig- of pipeline. As I told the Vice President efforts to honor the 200,000 men and nal that violence of any kind is unac- in a letter recently, before we build women who work in our Federal and ceptable in our society. thousands of miles of pipelines through State correctional institutions. Too I would like to describe a terrible our backyards, our neighborhoods and often, American citizens overlook the crime that occurred August 19, 2000, in our communities, we must make sure importance of these men and women San Francisco, California. Two men those pipelines are safe. who must work with society’s most Unfortunately, the President’s en- were arrested on charges of stalking, hardened and dangerous criminals ergy plan offered some rhetoric about assaulting and robbing men in gay bars under difficult circumstances. pipeline safety, but no clear progress. I in what police say was a ‘‘brazen, Today, I want them to know how believe he missed an opportunity to ar- much I admire and appreciate them for bicoastal crime spree that included ticulate the Administration’s specific their willingness to face danger daily four robberies in Maine and vicious at- proposals to make pipelines safer. I tacks on gays,’’ including slashing one hope President Bush will agree that we as they work to enforce our Nation’s victim’s throat, in California. The per- shouldn’t replace our current energy laws and ensure the safety of all Amer- petrators were arrested after a bouncer crisis with a pipeline safety crisis. ican citizens. At this time, I also offer at a gay bar recognized their distinc- Let me offer three ways President my condolences to the families and tive Boston accents after reading about Bush can show his commitment to pub- friends of the 11 correctional officers them in a warning flier distributed by lic safety. The first one is simple. We who died in the line of duty last year. police. shouldn’t backtrack on safety. Com- I am deeply appreciative of their sac- I believe that government’s first duty prehensive new legislation which has rifices and am sorry for their loss. is to defend its citizens, to defend them passed the Senate and is pending in the f against the harms that come out of House should represent the new min- TAIWAN PRESIDENT CHEN SHUI- hate. The Local Law Enforcement En- imum of safety standards. President BIAN’S HISTORIC VISIT hancement Act of 2001 is now a symbol Bush should not send us a proposal that can become substance. I believe that is less stringent than this bill. Mr. ALLEN. Madam President, as that by passing this legislation, we can President Bush should not undo the President Chen Shui-bian of the Repub- change hearts and minds as well. progress we made last year. And I hope lic of China on Taiwan made his his- f he’ll show a sensitivity to safety and toric visit to the United States last month, I would like to congratulate TWO-YEAR ANNIVERSARY OF THE environmental concerns that have been absent from his discussions on this him on his leadership and vision for BELLINGHAM WASHINGTON PIPE- Taiwan. President Chen became the LINE EXPLOSION issue to date. Second, President Bush should signal second democratically-elected Presi- Mrs. MURRAY. Madam President, on his support of pipeline safety legisla- dent in Chinese history little over one June 10th families in Bellingham, WA tion, which I hope will ultimately take year ago, and his election was cer- and throughout my home State will the form of him signing a bill into law. tainly a milestone in Taiwan’s contin- mark the 2-year anniversary of a pipe- Finally, President Bush’s Depart- ued adherence to democracy and free- line explosion that killed three young ment of Transportation should con- dom. people. tinue to issue administrative rules to I believe that President Chen’s his- That tragic explosion changed three make pipelines safer. The Clinton ad- toric visit deserves the notice and re- families forever. It shattered a commu- ministration took several important spect of the U.S. Senate. Congress has nity’s sense of security. It showed us administrative steps. I hope the Bush long supported democratic develop- the dangers posed by aging, administration will show the same ment around the world, and Taiwan is uninspected oil and gas pipelines. That level of commitment. no exception. Taiwan today is a nota- disaster in Bellingham led me to learn We do need to address our energy ble model of rapid and successful demo- about pipeline safety, to testify before needs, but not at the expense of our cratic reform, as well as an important

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.046 pfrm03 PsN: S07PT1 S5960 CONGRESSIONAL RECORD — SENATE June 7, 2001 trading partner of the United States, College’s role in Vermont as a leader in four-year college. When it all becomes too having maintained amicable ties with career-oriented education. I commend much, ‘‘that’s when I show up at their door, our Nation for decades. What may also President Roger Perry, the faculty and saying, ‘I’m concerned about you, what’s not be known is that Taiwan imports staff, and especially the students for going on? Can I lend a hand?’’’ social worker Felicia Messuri said. over 1.6 times as many goods from the continuing to make Champlain College Champlain is a career-oriented school United States as does the People’s Re- a model for quality higher education. where most students easily step into jobs public of China. Taiwan is a vital eco- I ask unanimous consent that the fol- upon graduation. But Moran-Brown said the nomic partner for the United States. lowing article from the May 13, 2001 97% job placement rate in the single-parent Taiwan’s economy offers its people issue of the Los Angeles Times be program stands out. A state study is under- one of the highest standards of living printed in the RECORD. way to determine how well the single-parent in Asia, including universal education, There being no objection, the article graduates do over time—and how their expe- excellent medical care, and a well-de- was ordered to be printed in the rience compares to single parents who do not finish college. veloped social welfare policy. More- RECORD, as follows: Last year, Champlain received $96,000 in over, Taiwan’s Constitution is exem- [From the Los Angeles Times, May 13, 2001] state money to run the program. An experi- plary, guaranteeing full political free- (By Elizabeth Mehren) mental seven-year federal waiver allowing doms and basic human rights to all VT. COLLEGE SINGLES OUT PARENTS EDU- Vermont to use special support funds for the citizens. As Taiwan continues its CATION: UNIQUE CURRICULUM THAT HELPS single-parent college program expires in democratic development, President WELFARE MOTHERS GET JOB TRAINING HAS June. Eager to continue the program, the Chen and the people of Taiwan deserve BECOME A NATIONAL MODEL state Legislature passed a measure allowing our most sincere praise for their exem- BURLINGTON, Vt.—What galls Dulcie the state’s social welfare agency—Preven- tion, Assistance, Training and Health Ac- plary adherence to individual liberty Christian is when her Champlain College classmates say they didn’t get their papers cess—to allocate discretionary funds for sin- and freedom. gle parents in college. In the future, Taiwan’s continued done because they were out drinking all night. At Champlain, single-parent students pay achievements and development will re- ‘‘I think, well, I was up all night with two full $10,000-a-year tuition. But they are eligi- inforce its regional position and sick kids and I did get mine done,’’ Christian ble for grants and loans. Under state rules, strengthen the good relationship be- said. ‘‘Plus, I did the laundry.’’ their welfare checks are not in jeopardy if tween our two countries. As a participant in an unusual state-sup- they also hold down jobs. When state supplements for transpor- f ported college program geared to move sin- gle parents off welfare, Christian, 33, is well tation, caseworker salaries and incidentals CHAMPLAIN COLLEGE, aware of how her life diverges from the con- are factored in, supporting each single-par- BURLINGTON, VERMONT ventional undergraduate path. There’s no ent college student costs about $500 per year above the normal welfare allotment, Moran- Mr. LEAHY. Mr. President. I rise room for wild parties. And instead of spring breaks in Jamaica, Christian uses time off to Brown said. ‘‘It’s cheap,’’ she said. today to talk about a unique education double up on hours working at the local So- PARENTS AND KIDS DO HOMEWORK TOGETHER program nestled in the hills of Bur- cial Security office. Her old Subaru just bet- In Vermont, an unemployed single parent lington, VT. Champlain College is one ter hold itself together, because there’s no with one child usually receives about $557 of the many higher education institu- deep-pockets daddy to bail her out. More each month, she said. tions in my home State and it has dis- than once, in a pinch, Christian has brought Noting that the endeavor benefits the state tinguished itself as a leader in career- Justin, 9, or Shelby, 5, to class with her. and students alike, PATH’s deputy commis- oriented education. Under the leader- FEWER THAN 10% DROP OUT sioner, Sandy Dooley, said her office views ship of President Roger Perry, Cham- For Christian and the 60 or so other single the single-parent college program as ‘‘a plain College provides its students with parents enrolled at Champlain this semester, work-force development strategy’’ that could innovative distance learning and work- the challenges are immense. And yet, said easily be replicated elsewhere. For 23-year-old Cindy Sarault, it was dis- force development programs to build program director Carol Moran-Brown, ‘‘The retention rate for these single parents is satisfaction with a $5.65-an-hour job as a gro- the skills of Vermonters. While I have higher than the school average. You cery clerk that pushed her to study account- long known of the quality offerings of wouldn’t believe the motivation.’’ ing at Champlain. Now she and her 5-year- Champlain College, I was very pleased With federal welfare reform providing an old daughter, Brooke, often do homework to- to see a story in the Los Angeles Times impetus for recipients to train for better gether. recently about one program in par- jobs, the 11-year-old program at this private Like Sarault, classmate Heidi McMann, 21, ticular that serves single parents on college has emerged as a national model. got pregnant as a high school senior. After welfare who want to earn a college de- Typically, college officials say, fewer than two years as a low-wage office assistant, 10% of these students drop out; most in the McMann signed on at Champlain to study gree. program earn a two-year associate of arts de- computer networking. With the recent reform by the Fed- gree and many go on for a four-year bach- ‘‘Partly it was about getting somewhere in eral Government of our Nation’s wel- elor’s degree. More than 90% of the single- life, so I could get a decent job,’’ she said. fare system, many individuals are parent graduates have not returned to wel- ‘‘But also I wanted Taylor, my daughter, to seeking training that can lead to bet- fare rolls, said Champlain College President learn from me, not just see me working in ter jobs and ultimately to increased Roger H. Perry. dead-end, low-wage positions forever.’’ wages. In response to this growing Those are strong indicators, Perry said, Only a few miles from campus, in the small need, an 11-year-old program at Cham- that the program is achieving its goal of apartment she shares with her two children, Christian agreed that a big payoff is ‘‘setting plain College aimed at moving single helping to shatter the cycle of single parents living off government assistance. an example of how important school is.’’ parents off welfare is receiving atten- State money pays the salaries of Cham- As the first member of her family to grad- tion nationwide. The impressive statis- plain’s two full-time social workers devoted uate from high school, Christian said it tics from this public-private partner- to single-parent students—almost always never crossed her mind to continue her own ship clearly indicate its success—less women, through the occasional single dad education. ‘‘I thought college was for people than 10 percent of those participating enrolls. State subsidies also fund the day who can write papers,’’ she said. in the program drop out; most in the care that enables these parents to take class- Then someone mentioned the single-par- program earn a 2-year associate degree; es at the 1,400-student campus. The program ents program at Champlain. She tried a class is labor intensive, with workshops and week- and liked it so much she quit her clerical and, many even go on to receive a 4- ly social hours at which single parents trade job. To the horror of her working-class par- year bachelor’s degree. According to everything from outgrown snowsuites to ents, she went on welfare and sought out President Roger Perry, more than 90 names of kid-friendly professors. state child-care subsidies. percent of the single parents who grad- For a group often made up of first-genera- Soon Christian was set on a career in so- uate from this program have not re- tion college students, social workers focus cial work, and earning a 3.97 grade point av- turned to the welfare program. This on time and stress management, as well as erage. Graduation is a year away, and Chris- program is helping single parents study skills. The students and social workers tian has a job lined up at the Social Security break the welfare cycle and show their often meet daily, discussing what’s going on Administration. She said that after juggling academically—and also addressing such out- school, a job and two kids, she is unfazed by children the importance of getting a side issues as abusive boyfriends, nasty land- the prospect of paying off college debt of at college degree as a step toward sup- lords and sick babies. Budgets are a big least $25,000. porting themselves and their family. topic, as many single parents struggle to get For her, the biggest obstacle has been Its success also reinforces Champlain by on welfare payments while attending the ‘‘making it through the tough times, when

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.002 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5961 the money is short and your temper is short I would also like to recognize, their J. WESLEY WATKINS III, 65, DIES; CIVIL because you’re worrying about the money, teacher, Bob Hislop. Bob brings stu- LIBERTIES LAWYER, ACTIVIST and the kids have problems at school and dents to the national competition al- (By Bart Barnes) you have problems at school. You just want most every year; his efforts have been J. Wesley Watkins III, 65, a Washington- to crawl off somewhere. But you can’t.’’ a major asset to Polson High School based lawyer who specialized in civil rights ‘‘I DO THINK I’M BREAKING THE CYCLE’’ and the State of Montana. and civil liberties issues in a career that At school, Christian said, she talks about For the students involved, the na- spanned almost 40 years, died of pneumonia June 4 at George Washington University her kids constantly. At home, she talks tional competition was the culmina- about school. Better yet, her kids see her Hospital. He had cancer. hunkering down with a book, and it makes tion of months spent studying the Con- At his death, Mr. Watkins was a senior fel- them want to do the same. When they com- stitution. It lasted three days, and was low at the Center for Policy Alternatives and plain that they don’t like a teacher, Chris- modeled after a Congressional hearing. founding director of the Flemming Fellows tian says, guess what, she doesn’t like all her Students were the ‘‘witnesses,’’ and Leadership Institute, a program that assists professors either. Then they all do their they made oral presentations before a and trains state legislators on such issues as homework together. panel of judges—the ‘‘committee.’’ family and medical leave, community rein- vestment and motor-voter registration. ‘‘So I do think I’m breaking the cycle,’’ Afterwards, the judges asked questions Christian said. ‘‘It feels great.’’ He was a former director of the American designed to probe each competitor’s Civil Liberties Union of the National Capital f knowledge of several different Con- Area, a Washington-based southern regional THE VERY BAD DEBT BOXSCORE stitution-related categories. manager of Common Cause and a manage- In addition, the Polson High group ment consultant to various nonprofit organi- Mr. HELMS. Mr. President, at the got an opportunity to meet members of zations. close of business yesterday, Wednes- In the late 1960’s and the 1970s, he had a Congress and visit sites of historic and private law practice in Greenville, Miss. His day, June 6, 2001, the Federal debt cultural significance in Washington, stood at $5,669,404,114,473.96, five tril- cases included winning the right for African D.C. The competition may have been American leaders to speak to on-campus lion, six hundred sixty-nine billion, the highlight, but for most students gatherings at previously all-white univer- four hundred four million, one hundred the trip itself was an educational and sities; the seating of a biracial Mississippi fourteen thousand, four hundred sev- exciting experience. delegation at the 1968 Democratic National enty-three dollars and ninety-six cents. The ‘‘We the People’’ program is di- Convention and removal of various barriers One year ago, June 6, 2000, the Fed- rected by the Center for Civic Edu- and impediments to voting. Mr. Watkins, a resident of Washington, eral debt stood at $5,647,514,000,000, five cation, and it has been extremely suc- trillion, six hundred forty-seven bil- was born in Greenville and grew up in Inver- cessful. Several studies show that stu- ness, Miss. He attended the U.S. Naval Acad- lion, five hundred fourteen million. dents who participate in We the People emy, graduated from the University of Mis- Five years ago, June 6, 1996, the Fed- are substantially better informed sissippi and served in the Navy at Pearl Har- eral debt stood at $5,139,284,000,000, five about American Politics than those bor from 1957 to 1959. He graduated from the trillion, one hundred thirty-nine bil- who do not. They are also more likely University of Mississippi Law School in 1962. lion, two hundred eighty-four million. to register to vote, be more confident During the Kennedy and Johnson adminis- Ten years ago, June 6, 1991, the Fed- in their rights as citizens, and be more trations, he was a Justice Department law- yer and tried cases throughout the South. eral debt stood at $3,494,333,000,000, tolerant of other’s viewpoints. three trillion, four hundred ninety-four In 1967, he returned to Greenville as a part- Let me again congratulate the ner in the law firm of Wynn and Watkins. billion, three hundred thirty-three mil- Polson High group for their hard work. Until 1975, he was the attorney for the Loyal lion. Montana is proud of them.∑ Democrats, the movement to establish a bi- Fifteen years ago, June 6, 1986, the f racial Democratic Party in a state where Federal debt stood at $2,052,917,000,000, black residents had been effectively excluded two trillion, fifty-two billion, nine hun- J. WESLEY WATKINS III from the political process for generations. dred seventeen million, which reflects ∑ Mr. COCHRAN. Mr. President, it is The loyalists were seated at the Democratic a debt increase of more than $3.5 tril- with a feeling of deep regret that I National Convention in Chicago as the offi- lion, $3,616,487,114,473.96, three trillion, cial Democratic Party of Mississippi. In the bring to the attention of the Senate years after 1968, Mr. Watkins held negotia- six hundred sixteen billion, four hun- the death of my friend, J. Wesley Wat- tions with Mississippi’s Old Guard Demo- dred eighty-seven million, one hundred kins III. He died on Monday, June 4, at crats that led to a unified Democratic Party fourteen thousand, four hundred sev- George Washington University Hos- by the national convention of 1976. enty-three dollars and ninety-six cents pital. He was 65 years old and was a Hodding Carter III, the former editor of during the past 15 years. victim of cancer. Greenville’s Delta Democrat Times news- Wes and I were classmates at the paper and a Mississippi contemporary of Mr. f Watkins’s, described him as ‘‘one of those University of Mississippi. As a matter ADDITIONAL STATEMENTS southerners who loved this place so much of fact, we were cheerleaders for the that he had to change it. He had to do what Ole Miss football team in 1956–1957, and he knew was the right and necessary thing in I succeeded him as head cheerleader in a very hard time. He had to break with so POLSON HIGH SCHOOL ‘‘WE THE 1957. much that was basic to his past.’’ Carter is PEOPLE’’ GROUP During the 1960’s Wes became ac- president of the John S. and James L. Knight ∑ Mr. BAUCUS. Mr. President, on April tively involved in the effort to extend Foundation in Miami. 21–23, 2001 more than 1200 students from all the benefits of citizenship to Afri- In 1975, Mr. Watkins returned to Wash- across the country came to Wash- ington and joined the Center for Policy Al- can Americans. He was a leader in our ternatives and helped found the Flemming ington, D.C. to compete in the national State in this cause, and he dem- Leadership Institute. finals of the ‘‘We the People . . . The onstrated great courage and deter- There, Linda Tarr-Whelan, the organiza- Citizen and the Constitution program.’’ mination. tion’s board chairman, called him a ‘‘larger- I am proud to announce that one of the He had an engaging personality, a than-life figure with a thick Mississippi ac- classes that competed was from Polson winning smile, and he loved people. It cent, a magnetic personality and a gift for High School in Polson, MT. was always a pleasure to be with him. telling stories.’’ He habitually wore cowboy boots and a The students that participated are: He truly will be missed by his many ten-gallon hat. When chemotherapy treat- Curt Bertsch, Luke Bradshaw, Brad friends. I’m glad I was one of them. ments for his cancer caused some of his hair Briney, Amy Herak, Jackie Johnson, His hard work to assure equal rights to fall out, Mr. Watkins simply shaved his Ray Kneeland, Mindy Koopmans, and help make a difference in the lives head and started wearing an earring. Maggie Liebschutz, Tim Mains, Levi of others who needed help is described In the 1980s, Mr. Watkins was task force di- Mazurek, Ashley Miedinger, Joey in a newspaper article about his death. rector for the Commission on Administrative Moholt, Cuinn Morgen, Nolan I ask that a copy of the obituary that Review of the U.S. House of Representatives, Mowbray, Toby Nelson, Kevin O’Brien, which also was known as the Obey Commis- appeared on Wednesday, June 6, in the sion. He was a former legislative assistant to Kati O’Toole, Becky Owen, Stephen Washington Post be printed in the Rep. Frank E. Smith (D–Miss.). Pitts, Jeri Rafter, Kate Tiskus, Luke RECORD. He Served on the boards of Common Cause, Venters, and Jason Wies. The obituary follows: Americans for Democratic Action and Mid-

VerDate 11-MAY-2000 02:50 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.048 pfrm03 PsN: S07PT1 S5962 CONGRESSIONAL RECORD — SENATE June 7, 2001 Delta Head Start, and most recently he was Weihenmayer’s achievement of becoming the H.R. 10. An act to provide for pension re- a board member of Planned Parenthood of first blind person to climb Mount Everest form, and for other purposes. Metropolitan Washington. demonstrates the abilities and potential of H.R. 586. An act to amend the Internal He was a former vestryman and a teacher all blind people and other individuals with Revenue Code of 1986 to provide that the ex- in the Christian education program of St. disabilities. clusion from gross income for foster care Mark’s Episcopal Church in Washington. payments shall also apply to payments by f His marriage to Jane Magruder Watkins qualified placement agencies, and for other ended in divorce. MEASURES REFERRED purposes. Survivors include his companion, Anita F. H.R. 622. An act to amend the Internal Gottlieb of Washington; two children, Gor- The following bills were read the first Revenue Code of 1986 to expand the adoption don Watkins of Parthenon, Ark., and Laurin and the second times by unanimous credit, and for other purpose. Wittig of Williamsburg, two sisters, Mollye consent, and referred as indicated: f Lester of Inverness and Ann Stevens of New- H.R. 37. An act to amend the National ark; a brother, William S. Watkins of Alex- Trails System Act to update the feasibility MEASURES READ THE FIRST TIME ∑ andria; and four grandchildren. and suitability studies of 4 national historic The following bills were read the first f trails and provide for possible additions to time: such trails; to the Committee on Energy and MESSAGES FROM THE PRESIDENT Natural Resources. H.R. 503. An act to amend title 18, United H.R. 640. An act to adjust the boundaries of States Code, and the Uniform Code of Mili- Messages from the President of the tary Justice to protect unborn children from United States were communicated to Santa Monica Mountains National Recre- ation Area, and for other purposes; to the assault and murder, and for other purposes. the Senate by Mr. Thomas, one of his Committee on Energy and Natural Re- H.R. 1885. An act to expand the class of secretaries. sources. beneficiaries who may apply for adjustment of status under section 245(i) of the Immigra- f H.R. 1000. An act to adjust the boundary of the William Howard Taft National Historic tion and Nationality Act by extending the EXECUTIVE MESSAGES REFERRED Site in the State of Ohio, to authorize and deadline for classification petition and labor certification filings, and for other purposes. As in executive session the Presiding exchange of land in connection with the his- toric site, and for other purposes; to the f Officer laid before the Senate messages Committee on Energy and Natural Re- from the President of the United sources. EXECUTIVE AND OTHER States submitting sundry nominations H.R. 1209. An act to amend the Immigra- COMMUNICATIONS which were referred to the appropriate tion and Nationality Act to determine The following communications were committees. whether an alien is a child, for purposes of laid before the Senate, together with (The nominations received today are classification as an immediate relative, accompanying papers, reports, and doc- based on the age of the alien on the date the printed at the end of the Senate pro- uments, which were referred as indi- ceedings.) classification petition with respect to the alien is filed, and for other purposes; to the cated: f Committee on the Judiciary. EC–2230. A communication from the Senior H.R. 1661. An act to extend indefinitely the Legal Advisor to the Bureau Chief, Mass MESSAGE FROM THE HOUSE authority of the States of Washington, Or- Media Bureau, Audio Service Division, Fed- At 3:48 p.m., a message from the egon, and California to manage a Dungeness eral Communications Commission, transmit- House of Representatives, delivered by crab fishery until the effective date of a fish- ting, pursuant to law, the report of a rule en- Mr. Hays, one of its reading clerks, an- ery management plan for the fishery under titled ‘‘An Inquiry Into the Commission’s nounced that the House has passed the the Magnuson-Stevens Fishery Conservation Policies and Rules Regarding AM Radio and Management Act; to the Committee on Service Directional Antenna Performance following bills, in which it requests the Commerce, Science, and Transportation. Verification’’ (Doc. No. 93–177) received May concurrence of the Senate: H.R. 1699. An act to authorize appropria- 31, 2001; to the Committee on Commerce, H.R. 37. An act to amend the National tions for the Coast Guard for fiscal year 2002; Science, and Transportation. Trails System Act to update the feasibility to the Committee on Commerce, Science, EC–2231. A communication from the Spe- and suitability studies of 4 national historic and Transportation. cial Assistant to the Bureau Chief, Mass trails and provide for possible additions to The following concurrent resolutions Media Bureau, Federal Communications such trails. were read, and referred as indicated: Commission, transmitting, pursuant to law, H.R. 640. An act to adjust the boundaries of the report of a rule entitled ‘‘Amendment of Santa Monica Mountains National Recre- H. Con. Res. 56 Concurrent resolution ex- Section 73.202(b), Table of Allotments, FM ation Area, and for other purposes. pressing the sense of the Congress regarding Broadcast Stations (McCook, Alliance, Impe- H.R. 1000. An act to adjust the boundary of National Pearl Harbor Remembrance Day; to rial, NE; Limon, Parker, Aspen, Avon, the William Howard Taft National Historic the Committee on the Judiciary. Westcliffe, CO)’’ (Doc. No. 00–6) received on Site in the State of Ohio, to authorize an ex- H. Con. Res. 100. Concurrent resolution May 31, 2001; to the Committee on Com- change of land in connection with the his- commending Clear Channel Communications merce, Science, and Transportation. toric site, and for other purposes. and the American Football Coaches Associa- EC–2232. A communication from the Spe- H.R. 1209. An act to amend the Immigra- tion for their dedication and efforts for pro- cial Assistant to the Bureau Chief, Mass tion and Nationality Act to determine tecting children by providing a vital means Media Bureau, Federal Communications whether an alien is a child, for purposes of for locating the Nation’s missing, kidnapped, Commission, transmitting, pursuant to law, classification as an immediate relative, and runaway children; to the Committee on the report of a rule entitled ‘‘Amendment of based on the age of the alien on the date the the Judiciary. Section 73.202(b), Table of Allotments, FM classification petition with respect to the H. Con. Res. 150. Concurrent resolution ex- Broadcast Stations (McKinleyville, Cali- alien is filed, and for other purposes. pressing the sense of Congress that Erik fornia)’’ (Doc. No. 00–216) received on May 31, H.R. 1661. An act to extend indefinitely the Weihenmayer’s achievement of becoming the 2001; to the Committee on Commerce, authority of the States of Washington, Or- first blind person to climb Mount Everest Science, and Transportation. egon, and California to manage a Dungeness demonstrates the abilities and potential of EC–2233. A communication from the Spe- crab fishery until the effective date of a fish- all blind people and other individuals with cial Assistant to the Bureau Chief, Mass ery management plan for the fishery under disabilities; to the Committee on Health, Media Bureau, Federal Communications the Magnuson-Stevens Fishery Conservation Education, Labor, and Pensions. Commission, transmitting, pursuant to law, and Management Act. f the report of a rule entitled ‘‘Amendment of H.R. 1699. An act to authorize appropria- Section 73.202(b), Table of Allotments, FM tions for the Coast Guard for fiscal year 2002. MEASURES PLACED ON THE Broadcast Stations (Royston and Arcade, H.R. 1914. An act to extend for 4 additional CALENDAR Georgia)’’ (Doc. No. 00–165) received on May months the period for which chapter 12 of 31, 2001; to the Committee on Commerce, title 11 of the United States Code is reen- The following bills were read the sec- Science, and Transportation. acted. ond time, and placed on the calendar: EC–2234. A communication from the Spe- The message also announced that the H.R. 6. An act to amend the Internal Rev- cial Assistant to the Bureau Chief, Mass House has agreed to the following con- enue Code of 1986 to reduce the marriage pen- Media Bureau, Federal Communications alty by providing for adjustments to the Commission, transmitting, pursuant to law, current resolution, in which it requests standard deduction, 15-percent rate bracket, the report of a rule entitled ‘‘Amendment of the concurrence of the Senate: and earned income credit and to allow the Section 73.202(b), Table of Allotments, FM H. Con. Res. 150. Concurrent resolution ex- nonrefundable personal credits against reg- Broadcast Stations (Young Harris, Georgia)’’ pressing the sense of Congress that Erik ular and minimum tax liability. (Doc. No. 01–35) received on May 31, 2001; to

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.054 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5963 the Committee on Commerce, Science, and prove Individual Fishing Quota Program’’ tional Aeronautics and Space Administra- Transportation. (RIN0648–AK50) received on May 31, 2001; to tion, transmitting, pursuant to law, the re- EC–2235. A communication from the Spe- the Committee on Commerce, Science, and port of a rule entitled ‘‘Priorities and Alloca- cial Assistant to the Bureau Chief, Mass Transportation. tions’’ (48 CFR Part 1811) received on June 1, Media Bureau, Federal Communications EC–2244. A communication from the Attor- 2001; to the Committee on Commerce, Commission, transmitting, pursuant to law, ney–Advisor of the National Highway Traffic Science, and Transportation. the report of a rule entitled ‘‘Amendment of Safety Administration, Department of EC–2254. A communication from the Acting Section 73.202(b), Table of Allotments, FM Transportation, transmitting, pursuant to Chief Executive Officer of the United States Broadcast Stations (Willow Creek, CA)’’ law, the report of a rule entitled ‘‘Brake Olympic Committee, transmitting, pursuant (Doc. No. 01–4) received on May 31, 2001; to Testing Procedures’’ (RIN2127–AH64) received to law, the Four Year Report for the period the Committee on Commerce, Science, and on May 31, 2001; to the Committee on Com- 1997–2000; to the Committee on Commerce, Transportation. merce, Science, and Transportation. Science, and Transportation. EC–2236. A communication from the Spe- EC–2245. A communication from the Pro- EC–2255. A communication from the Dep- cial Assistant to the Bureau Chief, Mass gram Analyst of the Federal Aviation Ad- uty Director, Enforcement Policy, Wage and Media Bureau, Federal Communications ministration, Department of Transportation, Hour Division, Employment Standards Ad- Commission, transmitting, pursuant to law, transmitting, pursuant to law, the report of ministration, Department of Labor, trans- the report of a rule entitled ‘‘Amendment of a rule entitled ‘‘Revision of Hydraulics Sys- mitting, pursuant to law, the report of a rule Section 73.202(b), Table of Allotments, FM tems Airworthiness Standards To Harmonize entitled ‘‘Nondisplacement of Qualified Broadcast Stations (Charleroi and Duquesne, with European Airworthiness Standards for Workers Under Certain Contracts; Rescission Pennsylvania)’’ (Doc. No. 00–42) received on Transport Category Airplanes’’ ((RIN2120– of Regulations Pursuant to Executive Order May 31, 2001; to the Committee on Com- AF79)(2001–0001) received on May 31, 2001; to 13204’’ received on June 4, 2001; to the Com- merce, Science, and Transportation. the Committee on Commerce, Science, and mittee on Health, Education, Labor, and EC–2237. A communication from the Spe- Transportation. Pensions. cial Assistant to the Bureau Chief, Mass EC–2246. A communication from the Pro- EC–2256. A communication from the Army Media Bureau, Federal Communications gram Analyst of the Federal Aviation Ad- Federal Register Liaison Officer, Office of Commission, transmitting, pursuant to law, ministration, Department of Transportation, the Assistant Secretary of the Army, De- the report of a rule entitled ‘‘Amendment of transmitting, pursuant to law, the report of partment of the Army, transmitting, pursu- Section 73.202(b), Table of Allotments, FM a rule entitled ‘‘Revised Landing Gear Shock ant to law, the report of a rule entitled ‘‘Re- Broadcast Stations (Patterson, Georgia)’’ Absorption Test Requirements’’ (RIN2120– port on the Use of Employees of Non-Federal (Doc. No. 01–26) received on May 31, 2001; to AG72) received on May 31, 2001; to the Com- Entities to Provide Services to the Depart- the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- ment of the Army’’ (RIN0702–AA33) received Transportation. tation. on June 5, 2001; to the Committee on Armed EC–2238. A communication from the Spe- EC–2247. A communication from the Attor- Services. EC–2257. A communication from the Sec- cial Assistant to the Bureau Chief, Mass ney-Advisor of the National Highway Traffic retary of Defense, transmitting, the report of Media Bureau, Federal Communications Safety Administration, Department of a retirement; to the Committee on Armed Commission, transmitting, pursuant to law, Transportation, transmitting, pursuant to Services. the report of a rule entitled ‘‘Amendment of law, the report of a rule entitled ‘‘Interior EC–2258. A communication from the Acting Section 73.202(b), Table of Allotments, FM Trunk Release’’ (RIN2127–AH83) received on Administrator of the Agricultural Marketing Broadcast Stations (Alexandria, Sauk Cen- May 31, 2001; to the Committee on Com- Service, Fruit and Vegetable Programs, De- tre, MN)’’ (Doc. No. 00–250) received on May merce, Science, and Transportation. partment of Agriculture, transmitting, pur- 31, 2001; to the Committee on Commerce, EC–2248. A communication from the Trial suant to law, the report of a rule entitled Science, and Transportation. Attorney of the Federal Railroad Adminis- ‘‘Marketing Order Regulating the Handling EC–2239. A communication from the Spe- tration, Department of Transportation, of Spearmint Oil Produced in the Far West; cial Assistant to the Bureau Chief, Mass transmitting, pursuant to law, the report of Salable Quantities and Allotment Percent- Media Bureau, Federal Communications a rule entitled ‘‘Power Brake Regulations: ages for the 2001–2002 Marketing Year’’ (Doc. Commission, transmitting, pursuant to law, Freight Power Brake Revisions—Delay of No. FV01–985–1 FR) received on June 6, 2001; the report of a rule entitled ‘‘Amendment of Compliance Date’’ ((RIN2130–AB16)(2001– to the Committee on Agriculture, Nutrition, Section 73.202(b), Table of Allotments, FM 0003)) received on May 31, 2001; to the Com- and Forestry. Broadcast Stations (Laurie, Missouri)’’ (Doc. mittee on Commerce, Science, and Transpor- EC–2259. A communication from the Acting No. 97–86) received on May 31, 2001 ; to the tation. Administrator of the Agricultural Marketing Committee on Commerce, Science, and EC–2249. A communication from the Attor- Service, Fruit and Vegetable Programs, De- Transportation. ney-Advisor of the National Highway Traffic partment of Agriculture, transmitting, pur- EC–2240. A communication from the Spe- Safety Administration, Department of suant to law, the report of a rule entitled cial Assistant to the Bureau Chief, Mass Transportation, transmitting, pursuant to ‘‘Olives Grown in California; Increased As- Media Bureau, Federal Communications law, the report of a rule entitled ‘‘High-Theft sessment Rate’’ (Doc. No. FV01–932–1 FIR) re- Commission, transmitting, pursuant to law, Lines for Model Year 2001’’ (RIN2127–AH78) ceived on June 6, 2001; to the Committee on the report of a rule entitled ‘‘Amendment of received on May 31, 2001; to the Committee Agriculture, Nutrition, and Forestry. Section 73.202(b), Table of Allotments, FM on Commerce, Science, and Transportation. EC–2260. A communication from the Mayor Broadcast Stations (Paradise, MI and Lynch- EC–2250. A communication from the Acting of the District of Columbia, transmitting, a burg, TN)’’ (Doc. Nos. 00–194; 00–196) received Assistant Administrator for Fisheries, Na- draft of proposed legislation entitled ‘‘Fiscal on May 31, 2001; to the Committee on Com- tional Marine Fisheries Service, Staff Office Year 2002 Budget Request Act’’; to the Com- merce, Science, and Transportation. for Intergovernmental and Recreational mittee on Governmental Affairs. EC–2241. A communication from the Spe- Fisheries, Department of Commerce, trans- EC–2261. A communication from the Sec- cial Assistant to the Bureau Chief, Mass mitting, pursuant to law, the report of a rule retary of the Department of Agriculture, Media Bureau, Federal Communications entitled ‘‘Atlantic Coastal Fisheries Cooper- transmitting, pursuant to law, the report Commission, transmitting, pursuant to law, ative Management Act Provisions; Horseshoe under the Office of the Inspector General for the report of a rule entitled ‘‘Amendment of Crab Fishery; Closed Area’’ (RIN0648–AO02) the period October 1, 2000 through March 31, Section 73.622(b), Table of Allotments, DTV received on June 1, 2001; to the Committee 2001; to the Committee on Governmental Af- Broadcast Stations (Bozeman, MT)’’ (Doc. on Commerce, Science, and Transportation. fairs. No. 01–30) received on May 31, 2001; to the EC–2251. A communication from the Acting EC–2262. A communication from the Chief Committee on Commerce, Science, and Director of the National Institute of Tech- of the Regulations Unit, Internal Revenue Transportation. nology, Department of Commerce, transmit- Service, Department of the Treasury, trans- EC–2242. A communication from the Acting ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule Director of the National Institute of Stand- titled ‘‘National Voluntary Laboratory Ac- entitled ‘‘Change in Definition of Compensa- ards and Technology, Department of Com- creditation Program; Operating Procedures’’ tion to Reflect 132(f) Salary Reduction’’ (No- merce, transmitting, pursuant to law, the re- (RIN0693–ZA39) received on June 1, 2001; to tice 2001–37) received on June 5, 2001; to the port of a rule entitled ‘‘Procedures for Imple- the Committee on Commerce, Science, and Committee on Finance. mentation of the Fastener Quality Act’’ Transportation. EC–2263. A communication from the Chief (RIN0693–AB47) received on May 31, 2001; to EC–2252. A communication from the Acting of the Regulations Unit, Internal Revenue the Committee on Commerce, Science, and Assistant Administrator for Fisheries, Na- Service, Department of the Treasury, trans- Transportation. tional Oceanic and Atmospheric Administra- mitting, pursuant to law, the report of a rule EC–2243. A communication from the Acting tion, Department of Commerce, transmit- entitled ‘‘Captive Insurance Companies’’ Deputy Assistant Administrator for Fish- ting, pursuant to law, the Annual Report Re- (Rev. Rul. 2001–31) received on June 5, 2001; to eries, National Marine Fisheries Service, Of- garding Atlantic Highly Migratory Species the Committee on Finance. fice of Sustainable Fisheries, Department of for 2001; to the Committee on Commerce, EC–2264. A communication from the Chief Commerce, transmitting, pursuant to law, Science, and Transportation. of the Regulations Unit, Internal Revenue the report of a rule entitled ‘‘Fisheries of the EC–2253. A communication from the Asso- Service, Department of the Treasury, trans- Exclusive Economic Zone Off Alaska; Im- ciate Administrator for Procurement, Na- mitting, pursuant to law, the report of a rule

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.052 pfrm03 PsN: S07PT1 S5964 CONGRESSIONAL RECORD — SENATE June 7, 2001 entitled ‘‘Reconsideration of Rev. Rul. 73– Juan Harbor, San Juan, Puerto Rico’’ a rule entitled ‘‘Airworthiness Directives: 236’’ (Rev. Rul. 2001–29, –26) received on June ((RIN2115–AA97)(2000–0008)) received on June Boeing Model 737–200 and 3 Series Airplanes 5, 2001; to the Committee on Finance. 5, 2001; to the Committee on Commerce, Equipped with Cargo Doors Installed in Ac- EC–2265. A communication from the Chief Science, and Transportation. cordance with STC SA 29969A0’’ ((RIN2120– of the Regulations Unit, Internal Revenue EC–2275. A communication from the Chief AA64)(2001–0234)) received on June 5, 2001; to Service, Department of the Treasury, trans- of the Office of Regulations and Administra- the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule tive Law, United States Coast Guard, De- Transportation. entitled ‘‘Frivolous Filing Position Based on partment of Transportation, transmitting, EC–2284. A communication from the Pro- Section 861’’ (Notice 2001–40) received on pursuant to law, the report of a rule entitled gram Analyst of the Federal Aviation Ad- June 6, 2001; to the Committee on Finance. ‘‘Regatta Regulations; SLR; South Carolina ministration, Department of Transportation, EC–2266. A communication from the Prin- Aquarium Grand Opening Fireworks Display, transmitting, pursuant to law, the report of cipal Deputy Associate Administrator of the Charleston Harbor, Charleston, SC’’ a rule entitled ‘‘Airworthiness Directives: Environmental Protection Agency, transmit- ((RIN2115–AE46)(2001–0010)) received on June Honeywell KC 225 Automatic Flight Control ting, pursuant to law, the report of a rule en- 5, 2001; to the Committee on Commerce, System; Request for Comments’’ ((RIN2120– titled ‘‘Approval and Promulgation of Air Science, and Transportation. AA64)(2001–0233)) received on June 5, 2001; to Quality Implementation Plans; Montana; EC–2276. A communication from the Chief the Committee on Commerce, Science, and Emergency Episode Avoidance Plan and Cas- of the Office of Regulations and Administra- Transportation. cade County Open Burning Rule’’ (FRL6991– tive Law, United States Coast Guard, De- EC–2285. A communication from the Pro- 1) received on June 6, 2001; to the Committee partment of Transportation, transmitting, gram Analyst of the Federal Aviation Ad- on Environment and Public Works. pursuant to law, the report of a rule entitled ministration, Department of Transportation, EC–2267. A communication from the Prin- ‘‘Safety/Security Zone Regulations; IB 909 transmitting, pursuant to law, the report of cipal Deputy Associate Administrator of the Barge Conducting Outfall Pipe Construction a rule entitled ‘‘Airworthiness Directives: Environmental Protection Agency, transmit- in Massachusetts Bay’’ ((RIN2115–AA97)(2000– GE Engines CJ610 Series Turbojet and CF700 ting, pursuant to law, the report of a rule en- 0053)) received on June 5, 2001; to the Com- Turbofan Engines’’ ((RIN2120–AA64)(2001– titled ‘‘Approval and Promulgation of Imple- mittee on Commerce, Science, and Transpor- 0232)) received on June 5, 2001; to the Com- mentation Plans; Indiana’’ (FRL6990–1) re- tation. mittee on Commerce, Science, and Transpor- ceived on June 6, 2001; to the Committee on EC–2277. A communication from the Chief tation. Environment and Public Works. of the Office of Regulations and Administra- EC–2286. A communication from the Pro- EC–2268. A communication from the Prin- tive Law, United States Coast Guard, De- gram Analyst of the Federal Aviation Ad- cipal Deputy Associate Administrator of the partment of Transportation, transmitting, ministration, Department of Transportation, Environmental Protection Agency, transmit- pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- ‘‘Safety/Security Zone Regulations; Navy a rule entitled ‘‘Airworthiness Directives: titled ‘‘Approval and Promulgation of Imple- Pier, Lake Michigan, Chicago Harbor, IL’’ Rolladen Schneider Flugzeugbau GmbH Mod- mentation Plans; Minnesota’’ (FRL6991–7) re- ((RIN2115–AA97)(2000–0055)) received on June els LS 3, LS 4, LS 6c Sailplanes’’ ((RIN2120– ceived on June 6, 2001; to the Committee on 5, 2001; to the Committee on Commerce, AA64)(2001–0231)) received on June 5, 2001; to Environment and Public Works. Science, and Transportation. the Committee on Commerce, Science, and EC–2269. A communication from the Prin- EC–2278. A communication from the Chief Transportation. cipal Deputy Associate Administrator of the of the Office of Regulations and Administra- EC–2287. A communication from the Senior Environmental Protection Agency, transmit- tive Law, United States Coast Guard, De- Legal Advisor to the Bureau Chief, Mass ting, pursuant to law, the report of a rule en- partment of Transportation, transmitting, Media Bureau, Federal Communications titled ‘‘Approval and Promulgation of Imple- pursuant to law, the report of a rule entitled Commission, transmitting, pursuant to law, mentation Plans; Ohio’’ (FRL6991–9) received ‘‘Safety/Security Zone Regulations: Oil Spill the report of a rule entitled ‘‘Review of the on June 6, 2001; to the Committee on Envi- Cleanup Zone, Middletown, Rhode Island’’ Commission’s Regulations Governing Tele- ronment and Public Works. ((RIN2115–AA97)(2001–0015)) received on June vision Broadcasting’’ (Doc. No. 91–221, 87–8) EC–2270. A communication from the Prin- 5, 2001; to the Committee on Commerce, received on June 5, 2001; to the Committee cipal Deputy Associate Administrator of the Science, and Transportation. on Commerce, Science, and Transportation. Environmental Protection Agency, transmit- EC–2279. A communication from the Chief ting, pursuant to law, the report of a rule en- of the Office of Regulations and Administra- f titled ‘‘National Primary Drinking Water tive Law, United States Coast Guard, De- PETITIONS AND MEMORIALS Regulations: Filter Backwash Recycling partment of Transportation, transmitting, Rule’’ (FRL6989–5) received on June 6, 2001; pursuant to law, the report of a rule entitled The following petitions and memo- to the Committee on Environment and Pub- ‘‘Drawbridge Regulations: Atlantic Inter- rials were laid before the Senate and lic Works. costal Waterway, Miami, Dade County, FL’’ were referred or ordered to lie on the EC–2271. A communication from the Prin- ((RIN2115–AE47)(2001–0045)) received on June table as indicated: cipal Deputy Associate Administrator of the 5, 2001; to the Committee on Commerce, POM–77. A resolution adopted by the Board Environmental Protection Agency, transmit- Science, and Transportation. of Trustees of the Incorporated Village of ting, pursuant to law, the report of a rule en- EC–2280. A communication from the Pro- East Rockaway, New York relative to titled ‘‘National Priorities List for Uncon- gram Analyst of the Federal Aviation Ad- Project Impact; to the Committee on Appro- trolled Hazardous Waste Sites’’ (FRL6994–4) ministration, Department of Transportation, priations. received on June 6, 2001; to the Committee transmitting, pursuant to law, the report of POM–78. A joint resolution adopted by the on Environment and Public Works. a rule entitled ‘‘Flight Crewmember Flight Town Council and School Committee of EC–2272. A communication from the Prin- Time Limitations and Rest Requirements; Kittery, Maine relative to the education of cipal Deputy Associate Administrator of the Notice of Enforcement Policy; Correction’’ children with disabilities; to the Committee Environmental Protection Agency, transmit- ((RIN2120–ZZ35)(2001–0002)) received on June on Appropriations. ting, pursuant to law, the report of a rule en- 5, 2001; to the Committee on Commerce, POM–79. A resolution adopted by the City titled ‘‘Revisions to the California State Im- Science, and Transportation. Council of Prosser, Washington relative to plementation Plan, Monterey Bay Unified EC–2281. A communication from the Pro- energy; to the Committee on Energy and Air Pollution Control District’’ (FRL6990–9) gram Analyst of the Federal Aviation Ad- Natural Resources. received on June 6, 2001; to the Committee ministration, Department of Transportation, POM–80. A resolution adopted by the City on Environment and Public Works. transmitting, pursuant to law, the report of Commission of Hollywood, Florida relative EC–2273. A communication from the Prin- a rule entitled ‘‘Airworthiness Directives: to Beach Erosion Control Projects; to the cipal Deputy Associate Administrator of the Eagle Aircraft Pty. Lrd. Model 150B Air- Committee on Environment and Public Environmental Protection Agency, transmit- planes’’ ((RIN2120–AA64)(2001–0235)) received Works. ting, pursuant to law, the report of a rule en- on June 5, 2001; to the Committee on Com- POM–81. A resolution adopted by the City titled ‘‘Standards of Performance for Elec- merce, Science, and Transportation. Council of Brook Park, Ohio relative to the tric Utility Steam Generating Units for EC–2282. A communication from the Pro- Steel Industry; to the Committee on Fi- Which Construction is Commenced After gram Analyst of the Federal Aviation Ad- nance. September 18, 1978; Standards of Perform- ministration, Department of Transportation, POM–82. A concurrent resolution adopted ance for Industrial-Commercial-Institutional transmitting, pursuant to law, the report of by the House of the Legislature of the State Steam Generating Units’’ (FRL6995–2) re- a rule entitled ‘‘Airworthiness Directives: of Louisiana relative to the United States ceived on June 6, 2001; to the Committee on Boeing Model 767–200, 300, 300F Series Air- Postal Service; to the Committee on Govern- Environment and Public Works. planes’’ ((RIN2120–AA64)(2001–0236)) received mental Affairs. EC–2274. A communication from the Chief on June 5, 2001; to the Committee on Com- of the Office of Regulations and Administra- merce, Science, and Transportation. HOUSE CONCURRENT RESOLUTION NO. 5 tive Law, United States Coast Guard, De- EC–2283. A communication from the Pro- Whereas, the original Purple Heart, des- partment of Transportation, transmitting, gram Analyst of the Federal Aviation Ad- ignated as the Badge of Military Merit, was pursuant to law, the report of a rule entitled ministration, Department of Transportation, established by General George Washington ‘‘Safety/Security Zone Regulations: San transmitting, pursuant to law, the report of on August 7, 1782, during the Revolutionary

VerDate 11-MAY-2000 02:50 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.052 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5965 War, when he wrote, ‘‘Whenever any sin- mittee on Transportation and Infrastruc- the United States of America have been gularly meritorious action is performed, the ture, provides for the modernization of the guided with outstanding commitment and author of it shall be permitted to wear on his railroad retirement system for its seven hun- dedicated leadership by their ministers, who facings over the left breast, the figure of a dred forty-eight thousand beneficiaries na- have paved the way for the leaders and mem- heart in purple cloth of silk, edged with nar- tionwide, including nine thousand four hun- bers of their churches to be graced with the row lace or binding. Not only instances of dred people in Louisiana; and blessings they enjoy today; and unusual gallantry, but also of extraordinary Whereas, railroad management, labor, and Whereas, the ministers of the United fidelity and essential service in any way retiree organizations have agreed to support States of America merit a sincere measure of shall meet with a due reward’’; and the Railroad Retirement and Survivor’s Im- commendation for the noble achievements Whereas, the Purple Heart is the oldest provement Act of 2001; and and exemplary strides that they have taken military decoration in the world in present Whereas, the Railroad Retirement and Sur- in their guidance of the nation’s loving and use and the first award given to a common vivor’s Improvement Act of 2001 would pro- dedicated spiritual communities; and soldier; a Purple Heart is an eloquent and vide tax relief to freight railroads, Amtrak, Whereas, the ministers of the nation serve forceful symbol of each man and woman who and commuter lines; and not only as spiritual leaders, but they serve has stepped forward in a time of national cri- Whereas, the Railroad Retirement and Sur- individual members of their spiritual com- sis to defend the values of the United States; vivor’s Improvement Act of 2001 would pro- munities on a daily basis, counseling them, and vide benefit improvements for surviving giving them guidance in handling personal Whereas, the Purple Heart is a combat spouses of rail workers, who currently suffer crises, visiting them in sickness, helping decoration awarded in the name of the Presi- deep cuts in income when the rail retiree them bear the sorrow of the death of a loved dent of the United States to members of the dies; and one, and being a source of strength and help armed forces who are wounded by an instru- Whereas, no outside contributions from in countless situations; and ment of war in the hands of the enemy; and taxpayers are needed to implement the Whereas, it is appropriate to commend the Whereas, an effort is currently underway changes called for in the Railroad Retire- ministers of the United States of America to petition the United States Postal Service ment and Survivor’s Improvement Act of for their remarkable devotion to God and to to authorize the issuance of an official 2001; and their congregations, to extend sincere and United States postal stamp displaying the Whereas, all changes will be paid for from heartfelt congratulations to all ministers, image of the Purple Heart medal; and within the railroad industry, including a full and to recognize the ministers of the nation Whereas, in recent years, the United share by active employees. Therefore, be it in a special way. Therefore be it States Postal Service has issued stamps hon- Resolved, That the Legislature of Louisiana Resolved, That the Legislature of Louisiana oring comic strips, movie monsters, and car- does hereby urge and request the United does hereby memorialize the United States toon characters but has opted not to issue a States Congress to enact the Railroad Re- Congress to recognize the final week in April Purple Heart stamp honoring American sol- tirement and Survivor’s Improvement Act of of every year as Minister Appreciation Week diers wounded in battle; and 2001. Be it further and does hereby commend and congratulate Whereas, the Purple Heart stamp would Resolved, That suitable copies of this Reso- all ministers of the United States of America serve as a permanent and long-overdue honor lution be transmitted to President George W. for their important service to the people of for the one million eight hundred thousand Bush, the president of the United States Sen- the nation. Be it further recipients of the Purple Heart, half of whom ate, the speaker of the United States House Resolved, That copies of this Resolution are still alive today, and to remind the na- of Representatives, and the members of the shall be transmitted to the presiding officer tion of the monumental sacrifices veterans Louisiana congressional delegation. of each house of the United States Congress have made in the service and defense of the and to each member of the Louisiana delega- United States of America. Therefore, be it POM–84. A concurrent resolution adopted tion of the United States Congress. Resolved, That the Legislature of Louisiana by the House of the Legislature of the State does hereby urge and request the United of Louisiana relative to natural gas and liq- POM–86. A resolution adopted by the Sen- States Congress to take appropriate steps to uids pipeline operations; to the Committee ate of the Legislature of the State of Georgia cause the United States Postal Service to on Energy and Natural Resources. relative to agricultural equipment; to the issue a Purple Heart stamp to recognize the HOUSE CONCURRENT RESOLUTION NO. 9 Committee on Commerce, Science, and Transportation. tremendous valor and fortitude displayed by Whereas, the nation’s natural gas and liq- wounded soldiers and to express the enduring uids pipeline facilities provide critical serv- SENATE RESOLUTION 193 appreciation of the citizens of the United ice to all citizens of this nation; and Whereas, water well drilling contractors States of America for the sacrifices that Whereas, the state of Louisiana has a vital are extremely small construction contrac- members of the armed forces have made in interest in the integrity and safety of the tors who drill water wells for individuals, the name of freedom. Be it further interstate natural gas and liquids pipelines cities, counties, industry, and farmers; and Resolved, That suitable copies of this Reso- within the state; and Whereas, federal law requires all persons lution be transmitted to the Speaker of the Whereas, recent incidents of pipeline leaks operating vehicles in excess of 26,000 pounds United States House of Representatives; the and ruptures have led to heightened concern transporting people or property to have a President of the United States Senate; for the health and welfare of the citizens of commercial driver’s license (CDL); and James Tolbert, Jr., Executive Director of Louisiana; and Whereas, this act is primarily for the com- Stamp Services for the United States Postal Whereas, these incidents have led to in- mon or contractor carrier; and Service; and The Honorable William J. Hen- tense discussion about the reliability of the Whereas, agricultural vehicles are exempt derson, Postmaster General and Chief Execu- natural gas supply and prevention, mitiga- from the requirements of the commercial tive Officer of the United States Postal Serv- tion, and response to pipeline incidents; and driver’s license statute; and ice. Whereas, enhancements to federal pipeline Whereas, water well drilling contractors safety requirements can translate into en- rarely travel more than 150 miles from their POM–83. A concurrent resolution adopted hanced safety requirements for state-regu- home office, which is one of the criteria of by the House of the Legislature of the State lated facilities within the state of Louisiana. agricultural vehicles contained in the com- of Louisiana relative to the Railroad Retire- Therefore, be it mercial driver’s license statute; and ment and Survivor’s Improvement Act of Resolved, That the Louisiana Legislature Whereas, these contractors rarely travel 2001; to the Committee on Finance. does hereby memorialize the United States across state boundaries; and Whereas, the requirements of the commer- HOUSE CONCURRENT RESOLUTION NO. 7 Congress to support federal legislation to cial driver’s license statute are extremely Whereas, the Railroad Retirement and Sur- strengthen the rules regarding the safety of natural gas and liquids pipeline operations. difficult to pass; and vivor’s Improvement Act was approved in a Whereas, it is a tremendous burden on bipartisan effort by three hundred ninety- Be it further Resolved, That a copy of this Resolution be these small businesses to find, hire, and pay one members of the United States House of employees who have a commercial driver’s Representatives in the 106th Congress, in- transmitted to the presiding officers of the Senate and the House of Representatives of license; and cluding every member of the Louisiana dele- Whereas, this requirement adds a great the Congress of the United States of America gation; and deal of unnecessary expense to the price of a and to each member of the Louisiana con- Whereas, more than eighty United States well for the well owner. Now, therefore, be it gressional delegation. senators, including both Louisiana senators, Resolved by the Senate, That the members signed letters of support for this legislation of this body respectfully reuest that the POM–85. A concurrent resolution adopted in 2000, but despite strong support for the United States Congress enact legislation re- by the House of the Legislature of the State Railroad Retirement and Survivor’s Im- classifying water well drilling vehicles and of Louisiana relative to Ministers Apprecia- provement Act of 2000, the legislation did not equipment as agricultural equipment under tion Week; to the Committee on the Judici- become law as the Senate did not vote on it the federal commercial driver’s license laws. ary. before adjournment; and Be it further Whereas, the Railroad Retirement and Sur- HOUSE CONCURRENT RESOLUTION NO. 50 Resolved, That the Secretary of the Senate vivor’s Improvement Act of 2001, authored by Whereas, throughout this nation’s long is authorized and directed to transmit appro- Don Young, Chairman of the House Com- history of praise and worship, the citizens of priate copies of this resolution to the Clerk

VerDate 11-MAY-2000 01:57 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.060 pfrm03 PsN: S07PT1 S5966 CONGRESSIONAL RECORD — SENATE June 7, 2001 of the United States House of Representa- gation is urged to coordinate efforts in the Whereas, the majority of the ammonia pro- tives and the Secretary of the United States United States Congress to obtain funding for duced in Louisiana is used to make fertilizer; Senate. forty percent of the cost of special education and and related services for children with dis- Whereas, there are numerous untapped POM–87. A concurrent resolution adopted abilities; and be it further natural gas reserves in the United States. by the Senate of the Legislature of the State Resolved, That certified copies of this Con- Therefore, be it of Hawaii relative to special education and current Resolution be transmitted to the Resolved, That the Legislature of Louisiana children with disabilities; to the Committee Speaker of the United States House of Rep- memorializes the Congress of the United on Appropriations. resentatives, the President pro tempore of States to use the powers at its disposal to commission the United States Department of SENATE CONCURRENT RESOLUTION 97 the United States Senate, the Vice President of the United States, and the members of Ha- Energy to establish a national energy policy, Whereas, the Individuals with Disabilities waii’s congressional delegation. which should pursue a long-term remedy to Education Act (IDEA) passed by the United these problems by providing incentives for States Congress, finds that disability is a POM–88. A concurrent resolution adopted immediate domestic natural gas exploration natural part of the human experience and by the Senate of the State Louisiana relative and production, including opening untapped does not take away or minimize the right of to Louisiana farmers; to the committee on natural gas reserves. Be it further those individuals to participate in, or con- appropriations. Resolved, That a copy of this Resolution be tribute to, society; and transmitted to the president of the United Whereas, Congress further found that im- SENATE CONCURRENT RESOLUTION 64 States, the secretary of the United States proving educational results for disabled chil- Whereas, many farmers in Louisiana are Senate, the clerk of the United States House dren is an essential part of our national pol- suffering the consequences of low prices for of Representatives, the secretaries of the De- icy of ensuring equal opportunity, full par- their commodities, illustrated by a market partment of Energy and the Department of ticipation, independent living, and economic in which the price of soybeans is at a twen- the Interior, and to each member of the Lou- self-sufficiency for disabled individuals; and ty-seven year low, the price of cotton is at a isiana delegation to the United States Con- Whereas, currently there are special edu- twenty-five year low, the price of wheat and gress. cation students in every school in this State corn is selling at a fourteen year low, and and with the rising cost of special education, the price of rice is at an eight year low; and POM–90. A resolution adopted by the Leg- it is a heavy burden on Hawaii’s already fi- Whereas, Louisiana farmers are trying to islature of Guam relative to the Tax Relief nancially challenged public education sys- overcome the onslaughts of nature, charac- Proposal; ordered to lie on the table. tem; and terized by a devastating drought in 2000 RESOLUTION 66 Whereas, the Department of Education’s which followed a disappointing crop year in Whereas, Federal taxes are the highest January 2001 Quarterly Report on the Status which many farmers were left in financial they have ever been during peacetime; and of the State’s Progress in meeting the Re- trouble; and Whereas, all taxpayers should be allowed quirements of the Felix v. Cayetano Consent Whereas, the existing federal farm bill has to keep more of their own money; and Decree (hereinafter DOE Quarterly Report) not adequately addressed the current cir- Whereas, the best way to encourage eco- reported a total of 22,962 students identified cumstances and needs of farmers in Lou- nomic growth is to cut marginal tax rates for special education services, 13,146 children isiana as well as farmers across the United across all tax brackets; and registered for services with the Child and Ad- States; and Whereas, under current tax law, low in- olescent Mental Health Division (CAMHD), Whereas, hopes for a widespread opening of come workers often pay the highest mar- and 1,962 children identified for zero-to-three foreign markets and the implementation of ginal tax rates; and related mental health services; and measures to stimulate commodity exports Whereas, the American people have not re- Whereas, the DOE Quarterly Report fur- have not materialized; and ceived any real tax relief in a generation; ther reported that of the $154,035,838 appro- Whereas, it is estimated that $9 billion and priated to the Department of Education for above the projected budget baseline is need- Whereas, President George W. Bush’s Tax the 2000–2001 school year, $75,838,006 already ed in federal farm payments this year to as- Relief Plan will contribute to raising the was expended by December 31, 2000 and of the sist farmers if they are to survive; and standard of living for all Americans, includ- $102,227,071 appropriated to the Department Whereas, an increase in farm payments is ing the people of Guam; and of Health’s CAMHD, $76,111,621 was already critical to the agriculture industry given ag- Whereas, President Bush’s Tax Relief Plan expended by December 31, 2000; and riculture’s vital importance to the suste- will increase access to the middle class for Whereas, according to the Court Monitor’s nance of all people and to the economy of hard-working families, treat all middle class Felix Consent Decree Quarterly Status Re- our state; and families more fairly, encourage entrepre- port, August 2000 to November 2000, over the Whereas, many farmers have no other neurship and growth, and promote charitable six-year period from 1994 to 2000, the number choice but to rely on assistance payments to giving and education; and of children served by the Department of Edu- stay in business. Therefore, be it Whereas, under President Bush’s Tax Re- cation increased from 12,000 to over 22,000 Resolved, That the Legislature of Louisiana lief Plan, the largest percentage reductions while the number provided mental health memorializes the congress of the United will go to the lowest income earners; now services by CAMHD increased from 1,800 to states to increase federal aid to Louisiana therefore, be it Resolved, That I Mina’Bente Sais Na 11,000; and farmers. Be it further Liheslaturan Gua˚ han does hereby, on behalf Whereas, these dramatic increases have re- Resolved, That a copy of this Resolution of the people of Guam, urge our elected rep- sulted in an increase in the combined mental shall be transmitted to the secretary of the resentatives in the United States Congress, health and special education costs by over United States Senate and the clerk of the including Guam’s Delegate to the U.S. Con- $150 million, prompting the Court Monitor to United states House of Representatives and gress, to support and pass the Tax Relief note that ‘‘[n]o other state or school district to each member of the Louisiana delegation Plan introduced by President George W. in the United States of America has under- to the Congress of the United States. Bush, which includes an across-the-board re- gone such expansion and dramatic redesign duction in marginal rates, eliminates the in six years’’; and POM–89. A concurrent resolution adopted ‘‘death tax’’ and reduces the marriage pen- Whereas, despite earnest efforts to control by the Senate of the Legislature of the State alty; and be it further the Felix program costs, and the over $250 of Louisiana relative to a national energy Resolved, That the Speaker certify, and the million combined appropriations to the De- policy; to the Committee on Energy and Nat- Legislative Secretary attests to, the adop- partment of Education and Department of ural Resources. tion hereof and that copies of the same be Health for the current fiscal year, the Gov- SENATE CONCURRENT RESOLUTION 32 thereafter transmitted to the Honorable ernor has requested the 2001 Legislature to Whereas, the Louisiana ammonia industry George W. Bush, President of the United appropriate $107 million in emergency funds accounts for forty percent of the domestic States of America; to the Honorable Richard to address Felix program costs overruns; and production of ammonia; and Cheney, President, United States Senate; to Whereas, Congress in Title 20, section Whereas, natural gas makes up ninety per- the Honorable J. Dennis Hastert, Speaker, 1411(a) of the United States Code committed cent of the costs of producing ammonia; and United States House of Representatives; to to providing up to forty percent of the cost Whereas, in the last year alone the prices the Honorable Robert A. Underwood, Guam’s states would incur in providing special edu- of natural gas have almost tripled and the Delegate to the United States House of Rep- cation; and cost of producing ammonia has risen sub- resentatives; and to the Honorable Carl T.C. Whereas, in fiscal year 1999–2000 federal stantially; and Gutierrez, I Maga’lahen Gua˚ han (Governor of funding of the Department of Education spe- Whereas, high natural gas prices led the Guam). cial education program amounted to a mea- members of the Louisiana Ammonia Pro- ger 10% of cost and has never exceeded 14% ducers to temporarily shut down all or part f in any given year. Now, therefore, be it of their ammonia production units; and INTRODUCTION OF BILLS AND Resolved by the Senate of the Twenty-first Whereas, two Louisiana companies have JOINT RESOLUTIONS Legislature of the State of Hawaii, Regular Ses- gotten out of the ammonia business com- sion of 2001, the House of Representatives con- pletely, while others have had to resort to The following bills and joint resolu- curring, That the Hawaii Congressional dele- layoffs; and tions were introduced, read the first

VerDate 11-MAY-2000 02:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.065 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5967 and second times by unanimous con- By Mr. SESSIONS (for himself, Mr. S. 127 sent, and referred as indicated: HUTCHINSON, and Mr. SHELBY): At the request of Mr. MCCAIN, the S. 1001. A bill to amend title XVIII of the By Mr. SCHUMER (for himself, Mr. name of the Senator from Massachu- Social Security Act to establish a floor on SMITH of Oregon, Mr. AKAKA, Mr. AL- ERRY area wage adjustment factors used under the setts (Mr. K ) was added as a co- LARD, Mr. ALLEN, Mr. BAYH, Mr. BEN- medicare prospective payment system for in- sponsor of S. 127, a bill to give Amer- NETT, Mr. BIDEN, Mr. BINGAMAN, Mrs. patient and outpatient hospital services; to ican companies, American workers, BOXER, Mr. BREAUX, Mr. BROWNBACK, the Committee on Finance. and American ports the opportunity to Mr. BUNNING, Mr. CAMPBELL, Ms. By Ms. SNOWE (for herself, Mrs. LIN- compete in the United States cruise CANTWELL, Mrs. CARNAHAN, Mr. COLN, Mr. MURKOWSKI, Mr. BREAUX, CLELAND, Mrs. CLINTON, Mr. COCHRAN, market. Mr. HUTCHINSON, Mr. MILLER, Mr. Ms. COLLINS, Mr. CONRAD, Mr. S. 131 CRAIG, Ms. LANDRIEU, Mr. SMITH of CORZINE, Mr. CRAIG, Mr. CRAPO, Mr. Oregon, and Ms. COLLINS): At the request of Mr. JOHNSON, the DASCHLE, Mr. DAYTON, Mr. DODD, Mr. S. 1002. A bill to amend the Internal Rev- name of the Senator from Arkansas DORGAN, Mr. DURBIN, Mr. EDWARDS, enue Code of 1986 to modify certain provi- (Mrs. LINCOLN) was added as a cospon- Mr. ENSIGN, Mrs. FEINSTEIN, Mr. sions relating to the treatment of forestry sor of S. 131, a bill to amend title 38, FRIST, Mr. GRAHAM, Mr. GRASSLEY, activities; to the Committee on Finance. United States Code, to modify the an- Mr. GREGG, Mr. HARKIN, Mr. HATCH, By Mr. JEFFORDS (for himself and Mr. HELMS, Mr. HOLLINGS, Mr. nual determination of the rate of the Mr. DODD): HUTCHINSON, Mr. INOUYE, Mr. JOHN- S. 1003. A bill to ensure the safety of chil- basic benefit of active duty educational SON, Mr. KENNEDY, Mr. KERRY, Mr. dren placed in child care centers in Federal assistance under the Montgomery GI KOHL, Mr. KYL, Ms. LANDRIEU, Mr. facilities, and for other purposes; to the Bill, and for other purposes. LEVIN, Mr. LIEBERMAN, Mr. LOTT, Mr. Committee on Governmental Affairs. S. 170 MCCAIN, Mr. MCCONNELL, Ms. MIKUL- By Mr. JEFFORDS (for himself and EID SKI, Mr. MILLER, Mrs. MURRAY, Mr. At the request of Mr. R , the name Mr. DODD): of the Senator from New Mexico (Mr. NELSON of Florida, Mr. NELSON of Ne- S. 1004. A bill to provide for the construc- braska, Mr. REED, Mr. REID, Mr. tion and renovation of child care facilities, DOMENICI) was added as a cosponsor of ROCKEFELLER, Mr. SANTORUM, Mr. and for other purposes; to the Committee on S. 170, a bill to amend title 10, United SARBANES, Mr. SESSIONS, Mr. SHELBY, Banking, Housing, and Urban Affairs. States Code, to permit retired mem- Mr. SMITH of New Hampshire, Ms. By Mr. JEFFORDS (for himself, Mr. bers of the Armed Forces who have a SNOWE, Ms. STABENOW, Mr. THOMAS, STEVENS, Mr. KENNEDY, Mr. CLELAND, service-connected disability to receive Mr. TORRICELLI, Mr. VOINOVICH, Mr. and Mr. DODD): both military retired pay by reason of WARNER, Mr. WELLSTONE, Mr. WYDEN, S. 1005. A bill to provide assistance to mo- and Mr. FITZGERALD): their years of military service and dis- bilize and support United States commu- ability compensation from the Depart- S. 994. A bill to amend the Iran and Libya nities in carrying out community-based Sanctions Act of 1996 to extend authorities youth development programs that assure ment of Veterans Affairs for their dis- under that Act; to the Committee on Bank- that all youth have access to programs and ability. ing, Housing, and Urban Affairs. services that build the competencies and S. 256 By Mr. AKAKA (for himself, Mr. LEVIN, character development needed to fully pre- At the request of Ms. SNOWE, the and Mr. GRASSLEY): pare the youth to become adults and effec- name of the Senator from New Mexico S. 995. A bill to amend chapter 23 of title 5, tive citizens, and for other purposes; to the (Mr. BINGAMAN) was added as a cospon- United States Code, to clarify the disclosures Committee on Health, Education, Labor, and of information protected from prohibited Pensions. sor of S. 256, a bill to amend the Civil personnel practices, require a statement in Rights Act of 1964 to protect f non-disclosure policies, forms, and agree- breastfeeding by new mothers. ments that such policies, forms and agree- SUBMISSION OF CONCURRENT AND S. 258 ments conform with certain disclosure pro- SENATE RESOLUTIONS tections, provide certain authority for the At the request of Ms. SNOWE, the Special Counsel, and for other purposes; to The following concurrent resolutions name of the Senator from Maine (Ms. the Committee on Governmental Affairs. and Senate resolutions were read, and COLLINS) was added as a cosponsor of S. By Mr. ALLARD: referred (or acted upon), as indicated: 258, a bill to amend title XVIII of the S. 996. A bill to direct the Secretary of Vet- By Mrs. MURRAY (for herself, Mr. STE- Social Security Act to provide for cov- erans Affairs to establish a national ceme- VENS, Mrs. FEINSTEIN, and Mr. erage under the medicare program of tery for veterans in the Colorado Springs, BREAUX): annual screening pap smear and screen- Colorado, metropolitan area; to the Com- S. Con. Res. 47. A concurrent resolution ing pelvic exams. mittee on Veterans’ Affairs. recognizing the International Olympic Com- By Mrs. BOXER: mittee for its work to bring about under- S. 271 S. 997. A bill to direct the Secretary of Ag- standing of individuals and different cul- At the request of Mrs. FEINSTEIN, the riculture to conduct research, monitoring, tures, for its focus on protecting the civil name of the Senator from Maryland management, treatment, and outreach ac- rights of its participants, for its rules of in- (Mr. SARBANES) was added as a cospon- tivities relating to sudden oak death syn- tolerance against discriminatory acts, and sor of S. 271, a bill to amend title 5, drome and to establish a Sudden Oak Death for its goal of promoting world peace Syndrome Advisory Committee; to the Com- United States Code, to provide that the through sports; to the Committee on Com- mandatory separation age for Federal mittee on Agriculture, Nutrition, and For- merce, Science, and Transportation. estry. firefighters be made the same as the By Ms. COLLINS (for herself and Mr. f age that applies with respect to Fed- FEINGOLD): ADDITIONAL COSPONSORS eral law enforcement officers. S. 998. A bill to expand the availability of S. 321 oral health services by strengthening the S. 104 dental workforce in designated underserved At the request of Ms. SNOWE, the At the request of Mr. GRASSLEY, the areas; to the Committee on Health, Edu- name of the Senator from New Mexico name of the Senator from Montana cation, Labor, and Pensions. (Mr. BINGAMAN) was added as a cospon- (Mr. BURNS) was added as a cosponsor By Mr. BINGAMAN (for himself and sor of S. 104, a bill to require equitable of S. 321, a bill to amend title XIX of Mr. ROBERTS): coverage of prescription contraceptive the Social Security Act to provide fam- S. 999. A bill to amend title 10, United drugs and devices, and contraceptive ilies of disabled children with the op- States Code, to provide for a Korea Defense portunity to purchase coverage under Service Medal to be issued to members of the services under health plans. Armed Forces who participated in operations S. 121 the medicaid program for such chil- in Korea after the end of the Korean War; to At the request of Mrs. FEINSTEIN, the dren, and for other purposes. the Committee on Armed Services. name of the Senator from Minnesota S. 345 By Mr. REED (for himself, Mr. DODD, (Mr. WELLSTONE) was added as a co- At the request of Mr. ALLARD, the Mr. KENNEDY, Mrs. MURRAY, Mr. sponsor of S. 121, a bill to establish an name of the Senator from California KERRY, and Mr. CORZINE): Office of Children’s Services within the (Mrs. FEINSTEIN) was added as a co- S. 1000. A bill to amend the Child Care and Development Block Grant Act of 1990 to pro- Department of Justice to coordinate sponsor of S. 345, a bill to amend the vide incentive grants to improve the quality and implement Government actions in- Animal Welfare Act to strike the limi- of child care; to the Committee on Health, volving unaccompanied alien children, tation that permits interstate move- Education, Labor, and Pensions. and for other purposes. ment of live birds, for the purpose of

VerDate 11-MAY-2000 02:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.056 pfrm03 PsN: S07PT1 S5968 CONGRESSIONAL RECORD — SENATE June 7, 2001 fighting, to States in which animal (Ms. MIKULSKI) and the Senator from S. 836 fighting is lawful. Maryland (Mr. SARBANES) were added At the request of Mr. CRAIG, the S. 349 as cosponsors of S. 582, a bill to amend name of the Senator from Oklahoma At the request of Mr. HUTCHINSON, titles XIX and XXI of the Social Secu- (Mr. INHOFE) was added as a cosponsor the name of the Senator from Nebraska rity Act to provide States with the op- of S. 836, a bill to amend part C of title (Mr. NELSON) was added as a cosponsor tion to cover certain legal immigrants XI of the Social Security Act to pro- of S. 349, a bill to provide funds to the under the medicaid and State chil- vide for coordination of implementa- National Center for Rural Law En- dren’s health insurance program. tion of administrative simplification forcement, and for other purposes. S. 592 standards for health care information. S. 351 At the request of Mr. SANTORUM, the S. 852 At the request of Ms. COLLINS, the name of the Senator from New Jersey At the request of Mrs. FEINSTEIN, the name of the Senator from California (Mr. CORZINE) was added as a cosponsor name of the Senator from New York (Mrs. FEINSTEIN) was added as a co- of S. 592, a bill to amend the Internal (Mrs. CLINTON) was added as a cospon- sponsor of S. 351, a bill to amend the Revenue Code of 1986 to create Indi- sor of S. 852, a bill to support the aspi- Solid Waste Disposal Act to reduce the vidual Development Accounts, and for rations of the Tibetan people to safe- quantity of mercury in the environ- other purposes. guard their distinct identity. ment by limiting use of mercury fever S. 672 S. 862 thermometers and improving collec- At the request of Mrs. FEINSTEIN, the At the request of Mrs. FEINSTEIN, the tion, recycling, and disposal of mer- name of the Senator from California name of the Senator from California cury, and for other purposes. (Mrs. BOXER) was added as a cosponsor (Mrs. BOXER) was added as a cosponsor S. 484 of S. 672, a bill to amend the Immigra- of S. 862, a bill to amend the Immigra- At the request of Ms. SNOWE, the tion and Nationality Act to provide for tion and Nationality Act to authorize name of the Senator from Massachu- the continued classification of certain appropriations for fiscal years 2002 setts (Mr. KERRY) was added as a co- aliens as children for purposes of that through 2006 to carry out the State sponsor of S. 484, a bill to amend part Act in cases where the aliens ‘‘age-out’’ Criminal Alien Assistance Program. B of title IV of the Social Security Act while awaiting immigration proc- S. 866 to create a grant program to promote essing, and for other purposes. At the request of Mr. REID, the name joint activities among Federal, State, S. 678 of the Senator from Georgia (Mr. MIL- and local public child welfare and alco- At the request of Mr. BOND, the name LER) was added as a cosponsor of S. 866, hol and drug abuse prevention and of the Senator from Virginia (Mr. WAR- a bill to amend the Public Health Serv- treatment agencies. NER) was added as a cosponsor of S. 678, ice Act to provide for a national media S. 501 a bill to amend the Federal Water Pol- campaign to reduce and prevent under- At the request of Mr. GRAHAM, the lution Control Act to establish a pro- age drinking in the United States. name of the Senator from Arkansas gram for fisheries habitat protection, S. 885 (Mr. HUTCHINSON) was added as a co- restoration, and enhancement, and for At the request of Mr. HUTCHINSON, sponsor of S. 501, a bill to amend titles other purposes. the name of the Senator from Mis- IV and XX of the Social Security Act S. 738 sissippi (Mr. COCHRAN) was added as a to restore funding for the Social Serv- At the request of Mr. SMITH of New cosponsor of S. 885, a bill to amend ices Block Grant, to restore the ability Hampshire, the name of the Senator title XVIII of the Social Security Act of States to transfer up to 10 percent of from Ohio (Mr. DEWINE) was added as a to provide for national standardized TANF funds to carry out activities cosponsor of S. 738, a bill to amend the payment amounts for inpatient hos- under such block grant, and to require Voting Rights Act of 1965 to protect pital services furnished under the an annual report on such activities by the voting rights of members of the medicare program. the Secretary of Health and Human Armed Forces. S. 887 Services. S. 739 At the request of Mr. WELLSTONE, the S. 505 At the request of Mr. WELLSTONE, the name of the Senator from New Mexico At the request of Mrs. FEINSTEIN, the name of the Senator from New Jersey (Mr. BINGAMAN) was added as a cospon- names of the Senator from New Jersey (Mr. CORZINE) was added as a cosponsor sor of S. 887, a bill to amend the Tor- (Mr. CORZINE) and the Senator from Il- of S. 739, a bill to amend title 38, ture Victims Relief Act of 1986 to au- linois (Mr. DURBIN) were added as co- United States Code, to improve pro- thorize appropriations to provide as- sponsors of S. 505, a bill to amend the grams for homeless veterans, and for sistance for domestic centers and pro- Internal Revenue Code of 1986 to regu- other purposes. grams for the treatment of victims of late certain 50 caliber sniper weapons S. 801 torture. in the same manner as machine guns At the request of Mr. JEFFORDS, the S. 910 and other firearms, and for other pur- name of the Senator from New York At the request of Mr. ROCKEFELLER, poses. (Mr. SCHUMER) was added as a cospon- the names of the Senator from Mary- S. 570 sor of S. 801, a bill to amend the Inter- land (Ms. MIKULSKI) and the Senator At the request of Mr. BIDEN, the nal Revenue Code of 1986 to repeal the from Ohio (Mr. DEWINE) were added as name of the Senator from West Vir- limitation on the use of foreign tax cosponsors of S. 910, a bill to provide ginia (Mr. BYRD) was added as a co- credits under the alternative minimum certain safeguards with respect to the sponsor of S. 570, a bill to establish a tax. domestic steel industry. permanent Violence Against Women S. 803 S. 924 Office at the Department of Justice. At the request of Mr. LIEBERMAN, the At the request of Mr. BIDEN, the S. 573 name of the Senator from Georgia (Mr. name of the Senator from North Da- At the request of Mr. HELMS, the CLELAND) was added as a cosponsor of kota (Mr. CONRAD) was added as a co- name of the Senator from Kansas (Mr. S. 803, a bill to enhance the manage- sponsor of S. 924, a bill to provide reli- BROWNBACK) was added as a cosponsor ment and promotion of electronic Gov- able officers, technology, education, of S. 573, a bill to amend title XIX of ernment services and processes by es- community prosecutors, and training the Social Security Act to allow chil- tablishing a Federal Chief Information in our neighborhoods. dren enrolled in the State children’s Officer within the Office of Manage- S. 948 health insurance program to be eligible ment and Budget, and by establishing a At the request of Mr. LOTT, the name for benefits under the pediatric vaccine broad framework of measures that re- of the Senator from Georgia (Mr. MIL- distribution program. quire using Internet-based information LER) was added as a cosponsor of S. 948, S. 582 technology to enhance citizen access to a bill to amend title 23, United States At the request of Mr. GRAHAM, the Government information and services, Code, to require the Secretary of names of the Senator from Maryland and for other purposes. Transportation to carry out a grant

VerDate 11-MAY-2000 02:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.055 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5969 program for providing financial assist- suring a competitive North American CARNAHAN, Mr. CLELAND, Mrs. ance for local rail line relocation market for softwood lumber. CLINTON, Mr. COCHRAN, Ms. COL- projects, and for other purposes. S. CON. RES. 28 LINS, Mr. CONRAD, Mr. CORZINE, S. 955 At the request of Ms. SNOWE, the Mr. CRAIG, Mr. CRAPO, Mr. At the request of Mr. KENNEDY, the name of the Senator from Delaware DASCHLE, Mr. DAYTON, Mr. name of the Senator from New Jersey (Mr. BIDEN) was added as a cosponsor of DODD, Mr. DORGAN, Mr. DURBIN, (Mr. CORZINE) was added as a cosponsor S. Con. Res. 28, a concurrent resolution Mr. EDWARDS, Mr. ENSIGN, Mrs. of S. 955, a bill to amend the Immigra- calling for a United States effort to end FEINSTEIN, Mr. FRIST, Mr. tion and Nationality Act to modify re- restrictions on the freedoms and GRAHAM, Mr. GRASSLEY, Mr. strictions added by the Illegal Immi- human rights of the enclaved people in GREGG, Mr. HARKIN, Mr. HATCH, gration Reform and Immigration Re- the occupied area of Cyprus. Mr. HELMS, Mr. HOLLINGS, Mr. UTCHINSON NOUYE sponsibility Act of 1996. S. CON. RES. 43 H , Mr. I , Mr. JOHNSON, Mr. KENNEDY, Mr. S. 982 At the request of Mr. LEVIN, the KERRY, Mr. KOHL, Mr. KYL, Ms. At the request of Mr. GRAHAM, the name of the Senator from Indiana (Mr. LANDRIEU, Mr. LEVIN, Mr. name of the Senator from Illinois (Mr. BAYH) was added as a cosponsor of S. LIEBERMAN, Mr. LOTT, Mr. DURBIN) was added as a cosponsor of S. Con. Res. 43, a concurrent resolution 982, a bill to promote primary and sec- expressing the sense of the Senate re- MCCAIN, Mr. MCCONNELL, Ms. ondary health promotion and disease garding the Republic of Korea’s ongo- MIKULSKI, Mr. MILLER, Mrs. prevention services and activities ing practice of limiting United States MURRAY, Mr. NELSON of Flor- among the elderly, to amend title motor vehicles access to its domestic ida, Mr. NELSON of Nebraska, XVIII of the Social Security Act to add market. Mr. REED, Mr. REID, Mr. ROCKE- FELLER, Mr. SANTORUM, Mr. preventive health benefits, and for AMENDMENT NO. 385 other purposes. SARBANES, Mr. SESSIONS, Mr. At the request of Mrs. CARNAHAN, the SHELBY, Mr. SMITH of New S. 992 names of the Senator from Montana Hampshire, Ms. SNOWE, Ms. At the request of Mr. NICKLES, the (Mr. BAUCUS) and the Senator from STABENOW, Mr. THOMAS, Mr. name of the Senator from Arkansas South Carolina (Mr. HOLLINGS) were TORRICELLI, Mr. VOINOVICH, Mr. (Mr. HUTCHINSON) was added as a co- added as cosponsors of amendment No. WARNER, Mr. WELLSTONE, Mr. sponsor of S. 992, a bill to amend the 385. WYDEN, and Mr. FITZGERALD): Internal Revenue Code of 1986 to repeal AMENDMENT NO. 466 S. 994. A bill to amend the Iran and the provision taxing policy holder divi- At the request of Mr. WELLSTONE, the Libya Sanctions Act of 1996 to extend dends of mutual life insurance compa- names of the Senator from Minnesota authorities under that Act; to the nies and to repeal the policyholders (Mr. DAYTON), the Senator from Wis- Committee on Banking, Housing, and surplus account provisions. consin (Mr. FEINGOLD), the Senator Urban Affairs. S. RES. 16 from Minnesota (Mr. DAYTON), the Sen- Mr. SCHUMER. Mr. President, I rise At the request of Mr. THURMOND, the ator from New York (Mrs. CLINTON), today to announce the introduction of names of the Senator from Utah (Mr. the Senator from Wisconsin (Mr. FEIN- the Iran-Libya Sanctions Extension BENNETT) and the Senator from Wis- GOLD), the Senator from South Caro- Act, which extends American sanctions consin (Mr. FEINGOLD) were added as lina (Mr. HOLLINGS), and the Senator against foreign companies which invest cosponsors of S. Res. 16, a resolution from New York (Mrs. CLINTON) were in Iran and Libya’s oil sectors for 5 designating August 16, 2001, as ‘‘Na- added as cosponsors of amendment No. years. tional Airborne Day’’. 466. At a time when many people in S. RES. 71 At the request of Mr. DODD, his name Washington are seeking to review At the request of Mr. HARKIN, the was added as a cosponsor of amend- America’s sanctions policies, this bill— names of the Senator from Hawaii (Mr. ment No. 466, supra. with its 74 original cosponsors—says AKAKA) and the Senator from Rhode Is- AMENDMENT NO. 540 that sanctions against the world’s land (Mr. REED) were added as cospon- At the request of Mrs. HUTCHISON, the worst rogue states will remain firmly sors of S. Res. 71, a resolution express- names of the Senator from Maine (Ms. in place. I hope that President Bush ing the sense of the Senate regarding COLLINS) and the Senator from Dela- will recognize the message sent by the the need to preserve six day mail deliv- ware (Mr. CARPER) were added as co- overwhelming support for this legisla- ery. sponsors of amendment No. 540. tion, and will put to rest the idea that the Iran-Libya Sanctions Act might ex- S. RES. 92 AMENDMENT NO. 573 pire or be weakened. At the request of Mrs. FEINSTEIN, the At the request of Mr. HELMS, the ILSA has been one of America’s best names of the Senator from Georgia name of the Senator from Kansas (Mr. weapons in our war against terrorism, (Mr. CLELAND) and the Senator from BROWNBACK) was added as a cosponsor because it is aimed at cutting off the Oregon (Mr. WYDEN) were added as co- of amendment No. 573, intended to be flow of money that terrorist groups de- sponsors of S. Res. 92, a resolution to proposed to S. 1, an original bill to ex- pend on to fund their attacks and oper- designate the week begining june 3, tend programs and activities under the ations. 2001, as ‘‘National Correctional Officers Elementary and Secondary Education and Employees Week’’. Over the past 5 years, ILSA has effec- Act of 1965. tively deterred foreign investment in S. CON. RES. 3 AMENDMENT NO. 648 Iran’s oil fields: of the 55 projects for At the request of Mr. FEINGOLD, the At the request of Mr. HELMS, the which Iran sought foreign investment, name of the Senator from New Jersey name of the Senator from Alabama only 6 have been funded, and none have (Mr. CORZINE) was added as a cosponsor (Mr. SESSIONS) was added as a cospon- been completed. of S. Con. Res. 3, a concurrent resolu- sor of amendment No. 648. That’s what ILSA’s all about: it lim- tion expressing the sense of Congress f its the ability of Iran and Libya to reap that a commemorative postage stamp oil profits that can be spent funding STATEMENTS ON INTRODUCED should be issued in honor of the U.S.S. terrorism and for weapons of mass de- BILLS AND JOINT RESOLUTIONS Wisconsin and all those who served struction. aboard her. By Mr. SCHUMER (for himself, Even with ILSA in place, Iran con- S. CON. RES. 4 Mr. SMITH of Oregon, Mr. tinues to supply upwards of $100 mil- At the request of Mr. NICKLES, the AKAKA, Mr. ALLARD, Mr. ALLEN, lion to Hezbollah, Islamic Jihad and name of the Senator from Kentucky Mr. BAYH, Mr. BENNETT, Mr. Hamas—which claimed responsibility (Mr. BUNNING) was added as a cosponsor BIDEN, Mr. BINGAMAN, Mrs. for the suicide bombing last week in of S. Con. Res. 4, a concurrent resolu- BOXER, Mr. BREAUX, Mr. Tel Aviv that killed 20 Israeli children. tion expressing the sense of Congress BROWNBACK, Mr. BUNNING, Mr. Can you imagine how much more regarding housing affordability and en- CAMPBELL, Ms. CANTWELL, Mrs. Iran would be spending on terrorism

VerDate 11-MAY-2000 02:50 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.055 pfrm03 PsN: S07PT1 S5970 CONGRESSIONAL RECORD — SENATE June 7, 2001 and weapons of mass destruction if tion as a matter of national policy. original 1989 Act, as well as the 1994 they had billions more in oil profits Consistent calls from its leaders for amendments, both of which were rolling in? Israel’s destruction, and the Iranian passed unanimously by Congress. The truth is, ILSA is needed now government’s bankrolling of murderous One of the basic obligations of public more than ever. behavior by Hezbollah, Hamas, and service is to disclose waste, fraud, Despite the election of the so-called other terrorist groups, should make abuse, and corruption to appropriate ‘‘moderate’’ President Mohammad clear to all friends of peace where Iran authorities. The WPA was intended to Khatami in 1997, Iran remains the stands, and what role it has played, in protect federal employees, those often world’s most active state sponsor of the conflagration that threatens to closest to wrongdoing, from workplace terrorism, and has been feverishly consume an entire region. retaliation as a result of making such seeking to develop weapons of mass de- Of grave concern are recent revela- disclosures. The right of federal em- struction. tions that implicate Iran’s most senior ployees to be free from workplace re- And on the eve of another election in leaders in the 1996 terrorist attack on taliation, however, has been dimin- Iran, Khatami continues to vilify the Khobar Towers, which took the lives of ished by a pattern of court rulings that United States, and in his most recent 19 U.S. service men. If true, America’s have narrowly defined who qualifies as call for the destruction of Israel, re- response should extend far beyond re- a whistleblower under the WPA, and ferred to Israel as ‘‘a parasite in the newing ILSA. what statements are considered pro- heart of the Muslim world.’’ These are The successful conclusion of the tected disclosures. These rulings are not the words of a moderate, worthy of Lockerbie trial, which explicitly impli- inconsistent with congressional intent. American concessions. cated Libya’s intelligence services in There is little incentive for federal em- As far as Libya is concerned, we all the attack, does not absolve Libya of ployees to come forward because doing learned recently that the Libyan gov- its obligations to meet fully the terms so could put their careers at substan- ernment was directly involved in the of the U.N. Security Council resolu- tial risk. bombing of Pan Am 103—one of the tions governing the multilateral sanc- The bill we introduce today will re- most heinous acts of terrorism in his- tions regime against it. Libya has not store congressional intent regarding tory. done so. Libya’s support for state ter- who is entitled to relief under the Yet Libya obstinately refuses to rorism, as certified again this year by WPA, and what disclosures are pro- abide by U.N. Security Council resolu- our State Department, and its aggres- tected. In addition, it codifies certain tions requiring it to formally renounce sive efforts to develop chemical and po- anti-gag rules, extends independent terrorism, accept responsibility for the tentially nuclear weapons, exclude litigating authority to the Office of government officials convicted of mas- Libya from the ranks of law-abiding Special Counsel, OSC, and ends the sole terminding the bombing, and com- nations. jurisdiction of the United States Court pensate the victims’ families. Lifting sanctions on Iran and Libya of Appeals for the Federal Circuit over Some say we should lift sanctions on at this time would be premature and whistleblower cases. rogue nations like Iran and Libya first, would unjustly reward their continuing In the Civil Service Reform Act of and decent, moral, internationally-ac- hostility to basic international norms 1978, CSRA, Congress included statu- ceptable behavior will follow. of behavior. Overwhelming Congres- tory whistleblower rights for ‘‘a’’ dis- I say that is twisted logic. sional support for renewing the Iran- closure evidencing a reasonable belief If these nations are serious about en- Libya Sanctions Act reflects a clear, of specified misconduct, with certain tering the community of nations, and majority consensus on U.S. relations listed statutory exceptions—classified seeing their economies benefit from with these rogue regimes. Were the for- or other information whose release was global integration, they must change eign and national security policies of specifically barred by other statutes. their behavior first. Iran and Libya truly responsive to the Unexpectedly, the court and adminis- They must adapt to the world com- will of their people, our relationship trative agencies created several loop- munity, the world community does not with their nations would be far dif- holes that limited employee protec- need to adapt to them. ferent. But Libya’s Qaddafi and Iran’s tions. With the WPA, Congress closed The bottom line is that these sanc- ruling clerics hold their citizens hos- these loopholes by changing protection tions must remain in place until Iran tage by their iron grip on power. Sup- of ‘‘a’’ disclosure to ‘‘any’’ disclosure ends its support of international ter- porting their replacement by leaders meeting the law’s standards. However, rorism, and ends its dangerous quest elected by and accountable to their in both formal and informal interpreta- for catastrophic weapons. people should be a priority of American tions of the Act, loopholes continued to For Libya, it means full acceptance policy. proliferate. of responsibility for the Pan Am 103 Congress strengthened its scope and bombing and full compensation for the By Mr. AKAKA (for himself, Mr. protections by passing 1994 amend- families of the victims. LEVIN, and Mr. GRASSLEY): ments to the WPA. The Governmental If that day arrives, ILSA will no S. 995. A bill to amend chapter 23 of Affairs Committee report on the 1994 longer be needed and will be termi- title 5, United States Code, to clarify amendments refuted prior interpreta- nated. Unfortunately, that day is not the disclosures of information pro- tions by the Federal Circuit and the yet in sight. tected from prohibited personnel prac- Merit Systems Protection Board, Finally, I would urge the Bush Ad- tices, require a statement in non-dis- MSPB, as well as subsequent enforce- ministration, as it reviews American closure policies, forms, and agreements ment action by the Office of Special sanctions policies, to consider that let- that such policies, forms and agree- Counsel that there were exceptions to ting ILSA expire would send the wrong ments conform with certain disclosure ‘‘any.’’ The Committee report con- message to Iran and Libya. protections, provide certain authority cluded, ‘‘The plain language of the This is not the time to weaken sanc- for the Special Counsel, and for other Whistleblower Protection Act extends tions and permit investment that can purposes; to the Committee on Govern- to retaliation for ‘any disclosure,’ re- be used to fund terrorist acts like the mental Affairs. gardless of the setting of the disclo- one we saw in Israel last week. Mr. AKAKA. Mr. President, today I sure, the form of the disclosure, or the Mr. MCCAIN. Mr. President, I join am introducing amendments to the person to whom the disclosure is my colleagues in support of renewing Whistleblower Protection Act, WPA, made.’’ the Iran-Libya Sanctions Act to pro- that will strengthen protections for Since the 1994 amendments, both OSC tect American interests in the Middle federal employees who disclose waste, and MSPB generally have honored con- East. Despite promising changes within fraud, and abuse. I am proud to be gressional boundaries. However, the Iranian society, Iran’s external behav- joined by Senators LEVIN and GRASS- Federal Circuit continues to disregard ior remains provocative and desta- LEY, two of the Senate’s leaders in pro- clear statutory language that the Act bilizing. Iran continues to aggressively tecting employees from retaliatory ac- covers disclosures such as those made foment terrorism beyond its borders tions. The Senators from Michigan and to supervisors, to possible wrongdoers, and develop weapons of mass destruc- Iowa were the primary sponsors of the or as part of an employee’s job duties.

VerDate 11-MAY-2000 02:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.078 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5971 In order to protect the statute’s This bill will begin the needed dia- tional defense or the conduct of foreign af- foundation that ‘‘any’’ lawful disclo- logue to guarantee that any disclosures fairs that the employee or applicant reason- sure that the employee or applicant within the boundaries of the statutory ably believes is credible evidence of— reasonably believes is credible evidence ‘‘(I) any violation of any law, rule, or regu- language are protected. As the Chair- lation; of waste, fraud, abuse, or gross mis- man of the Federal Services Sub- ‘‘(II) gross mismanagement, a gross waste management is covered by the WPA, committee, I plan to hold a hearing on of funds, an abuse of authority, or a substan- our bill codifies the repeated and un- the Whistleblower Protection Act and tial and specific danger to public health or conditional statements of congres- the amendments we are proposing safety; or sional intent and legislative history. It today. ‘‘(III) a false statement to Congress on an amends sections 2302(b)(8)(A) and Protection of Federal whistleblowers issue of material fact; and 2302(b)(8)(B) of title 5, U.S.C., to cover is a bipartisan effort. Enactment of the ‘‘(ii) is made to— ‘‘(I) a member of a committee of Congress any disclosure of information ‘‘without original bill in 1989 and the 1994 amend- restriction to time, place, form, motive having a primary responsibility for oversight ments enjoyed unanimous bicameral of a department, agency, or element of the or context, or prior disclosure made to support, and I am pleased that Rep- Federal Government to which the disclosed any person by an employee or appli- resentatives MORELLA and GILMAN will information relates; cant, including a disclosure made in introduce identical legislation in the ‘‘(II) any other Member of Congress who is the ordinary course of an employee’s House of Representatives in the near authorized to receive information of the type duties that the employee or applicant future. I also wish to note that our bill disclosed; or reasonably believes is credible evidence enjoys the strong support of the Gov- ‘‘(III) an employee of the executive branch or Congress who has the appropriate security of’’ any violation of any law, rule, or ernment Accountability Project and regulation, or other misconduct speci- clearance for access to the information dis- the National Whistleblower Center, and closed.’’. fied in section 2302(b)(8). I commend both of these organizations The bill also codifies an ‘‘anti-gag’’ (b) COVERED DISCLOSURES.—Section 2302(b) for their efforts in protecting the pub- of title 5, United States Code, is amended— provision that Congress has passed an- (1) in the matter following paragraph (12), nually since 1988 as part of the appro- lic interest and promoting government accountability by defending whistle- by striking ‘‘This subsection’’ and inserting priations process. It bans agencies from the following: implementing or enforcing any non- blowers. ‘‘This subsection’’; and disclosure policy, form or agreement I urge my colleagues to join in the ef- (2) by adding at the end the following: that does not contain specified lan- fort to ensure that the congressional ‘‘In this subsection, the term ‘disclosure’ guage preserving open government intent embodied in the Whistleblower means a formal or informal communication or transmission.’’. statutes such as the WPA, the Military Protection Act is codified and that the law is not weakened further. I ask (c) NONDISCLOSURE POLICIES, FORMS, AND Whistleblower Protection Act, and the AGREEMENTS.— unanimous consent that letters in sup- Lloyd Lafollette Act, which prohibits (1) PERSONNEL ACTION.—Section discrimination against government port of our bill from the National Whis- 2302(a)(2)(A) of title 5, United States Code, is employees who communicate with Con- tleblower Center and the Government amended— gress. Gag orders imposed as a pre- Accountability Project and the text of (A) in clause (x), by striking ‘‘and’’ after condition for employment and resolu- the bill be printed in the RECORD. the semicolon; and tion of disputes, as well as general There being no objection, the mate- (B) by redesignating clause (xi) as clause rial was ordered to be printed in the (xii) and inserting after clause (x) the fol- agency policies barring employees from lowing: RECORD, as follows: communicating directly with Congress ‘‘(xi) the implementation or enforcement or the public, are a prior restraint that S. 995 of any nondisclosure policy, form, or agree- not only has a severe chilling effect, Be it enacted by the Senate and House of Rep- ment; and’’. but strikes at the heart of this body’s resentatives of the United States of America in (2) PROHIBITED PERSONNEL PRACTICE.—Sec- ability to perform its oversight duties. Congress assembled, tion 2302(b) of title 5, United States Code, is Congress repeatedly has reaffirmed its SECTION 1. PROTECTION OF CERTAIN DISCLO- amended— intent that employees should not be SURES OF INFORMATION BY FED- (A) in paragraph (11), by striking ‘‘or’’ at ERAL EMPLOYEES. forced to sign agreements that the end; (a) CLARIFICATION OF DISCLOSURES COV- (B) in paragraph (12), by striking the pe- supercede an employee’s rights under ERED.—Section 2302(b)(8) of title 5, United riod and inserting ‘‘; or’’; and good government statutes. Moreover, States Code, is amended— (C) by inserting after paragraph (12) the Congress unanimously has supported (1) in subparagraph (A)— following: the concept that federal employees (A) by striking ‘‘which the employee or ap- ‘‘(13) implement or enforce any nondisclo- should not be subject to prior restraint plicant reasonably believes evidences’’ and sure policy, form, or agreement, if such pol- from disclosing wrongdoing nor suffer inserting ‘‘, without restriction to time, icy, form, or agreement does not contain the retaliation for speaking out. place, form, motive, context, or prior disclo- following statement: The measure also provides the Spe- sure made to any person by an employee or ‘‘ ‘These provisions are consistent with and cial Counsel with greater litigating au- applicant, including a disclosure made in the do not supersede, conflict with, or otherwise ordinary course of an employee’s duties that thority for merit system principles alter the employee obligations, rights, or li- the employee or applicant reasonably be- abilities created by Executive Order No. that the office is responsible to pro- lieves is credible evidence of’’; and 12958; section 7211 of title 5, United States tect. Under current law, the OSC plays (B) in clause (i), by striking ‘‘a violation’’ Code (governing disclosures to Congress); a central role as public prosecutor in and inserting ‘‘any violation’’; section 1034 of title 10, United States Code cases before the MSPB, but cannot (2) in subparagraph (B)— (governing disclosure to Congress by mem- choose to defend the merit system in (A) by striking ‘‘which the employee or ap- bers of the military); section 2302(b)(8) of court. Our legislation recognizes that plicant reasonably believes evidences’’ and title 5, United States Code (governing disclo- providing the Special Counsel this au- inserting ‘‘, without restriction to time, sures of illegality, waste, fraud, abuse, or thority to seek such review, in prece- place, form, motive, context, or prior disclo- public health or safety threats); the Intel- sure made to any person by an employee or dential cases, is crucial to ensuring the ligence Identities Protection Act of 1982 (50 applicant, including a disclosure made in the U.S.C. 421 et seq.) (governing disclosures that promotion of the public interests ordinary course of an employee’s duties to could expose confidential Government furthered by these statutes. the Special Counsel, or to the Inspector Gen- agents); and the statutes which protect Lastly, the bill would end the Fed- eral of an agency or another employee des- against disclosures that could compromise eral Circuit’s monopoly over whistle- ignated by the head of the agency to receive national security, including sections 641, 793, blower cases by allowing appeals to be such disclosures, of information that the em- 794, 798, and 952 of title 18, United States filed in the Federal Circuit or the cir- ployee or applicant reasonably believes is Code, and section 4(b) of the Subversive Ac- cuit in which the petitioner resides. credible evidence of’’; and tivities Control Act of 1950 (50 U.S.C. 783(b)). This restores normal judicial review, (B) in clause (i), by striking ‘‘a violation’’ The definitions, requirements, obligations, and inserting ‘‘any violation’’; and rights, sanctions, and liabilities created by and provides employees in states such (3) by adding at the end the following: as my home state of Hawaii, the option such Executive order and such statutory pro- ‘‘(C) a disclosure that— visions are incorporated into this agreement of a more convenient forum, rather ‘‘(i) is made by an employee or applicant of and are controlling.’’’. than necessitating a 10,000 mile round information required by law or Executive (d) AUTHORITY OF SPECIAL COUNSEL RELAT- trip from Hawaii to Washington, D.C. order to be kept secret in the interest of na- ING TO CIVIL ACTIONS.—

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(1) REPRESENTATION OF SPECIAL COUNSEL.— Your bill would also codify so-called ‘‘anti- ly to undermine than reinforce their rights. Section 1212 of title 5, United States Code, is gag’’ language that has been included each This is because the Federal Circuit Court of amended by adding at the end the following: year for the past twelve years in appropria- Appeals, which has a monopoly on appellate ‘‘(h) Except as provided in section 518 of tions bills. The language has been needed to judicial review, has functionally erased basic title 28, relating to litigation before the Su- avoid ambiguity in the government’s efforts statutory language and implicitly added new preme Court, attorneys designated by the to prevent improper disclosures of informa- provisions that threaten those seeking help. Special Counsel may appear for the Special tion. The ambiguity created a chilling effect Your legislation both solves the specific Counsel and represent the Special Counsel in for employees who otherwise had the right to problems, and includes structural reform to any civil action brought in connection with make proper disclosures to Congress and prevent their recurrence by restoring normal section 2302(b)(8) or subchapter III of chapter elsewhere. This provision would clear a judicial review. Congress had to approve 73, or as otherwise authorized by law.’’. major hurdle in protecting the rights of em- both the 1989 and 1994 legislation to cancel (2) JUDICIAL REVIEW OF MERIT SYSTEMS PRO- ployees to disclose instances of wrongdoing previous instances of judicial activism by TECTION BOARD DECISIONS.—Section 7703 of by government officials. this same court. This pattern must end for title 5, United States Code, is amended by The Center is concerned that, in the larger the law again to become functional. adding at the end the following: picture, improvements in the whistleblower Your bill also incorporates an appropria- ‘‘(e) The Special Counsel may obtain re- protection system require more fundamental tions rider approved for the last 13 years, view of any final order or decision of the changes. For instance, there should be known as the ‘‘anti-gag statute.’’ This provi- Board by filing a petition for judicial review tougher provisions to hold accountable those sion requires agencies to notify employees in the United States Court of Appeals for the managers who retaliate against whistle- that any restrictions on disclosures do not Federal Circuit if the Special Counsel deter- blowers. In addition, those who bring their override their rights under the WPA, or mines, in the discretion of the Special Coun- cases under laws other than the WPA have other open government laws such as the sel, that the Board erred in deciding a case had much greater success. This is in part be- Lloyd Lafollette Act protecting communica- arising under section 2302(b)(8) or subchapter cause of adverse decisions by the Federal tions with Congress. The rider has worked. It III of chapter 73 and that the Board’s deci- Circuit, but it also suggests that the WPA is has proven effective and practical against sion will have a substantial impact on the not as whistleblower-friendly in practice as agency attempts to impose secrecy through enforcement of section 2302(b)(8) or sub- we hoped it would be when we passed and orders or nondisclosure agreements that can- chapter III of chapter 73. If the Special Coun- amended the WPA. These are issues to be ad- cel Congress and the public’s right to know. It is time to institutionalize this success sel was not a party or did not intervene in a dressed down the road, and the Center would story. matter before the Board, the Special Counsel be happy to provide you the benefit of our may not petition for review of a Board deci- Even if implemented as intended, the 1989 experience in these matters. and 1994 legislation was a beginning, rather sion under this section unless the Special Nonetheless, your bill, if passed, would than a panacea. More work is necessary to Counsel first petitions the Board for recon- make an important and necessary contribu- sideration of its decision, and such petition disrupt the deeply ingrained tradition of tion toward improvements in the protection harassing whistleblowers. Based on our expe- is denied. In addition to the named respond- of whistleblowers under the WPA. Again, we ent, the Board and all other parties to the rience, issues such as the following must be commend your leadership in the introduc- proceedings before the Board shall have the addressed for the law to fulfill its promise— tion of this bill, and we look forward to right to appear in the proceedings before the closing the ‘‘security clearance loophole’’ working with you and your co-sponsors dur- Court of Appeals. The granting of the peti- that permits merit system rights to be cir- ing the hearing process and throughout the tion for judicial review shall be at the discre- cumvented through removing clearances tion of the Court of Appeals.’’. legislative process. that are a condition for employment; pro- (e) JUDICIAL REVIEW.—Section 7703 of title Sincerely, viding meaningful relief for those who win 5, United States Code, is amended— KRIS J. KOLESNIK, their cases; preventing retaliation by cre- (1) in the first sentence of subsection (b)(1) Executive Director. ating personal accountability for those who by inserting before the period ‘‘or the United violate the merit system; and giving whistle- States court of appeals for the circuit in GOVERNMENT ACCOUNTABILITY PROJECT, blowers access to jury trials to enforce their which the petitioner resides’’; and Washington, DC, June 7, 2001. rights. (2) in subsection (d)— Hon. DANIEL K. AKAKA, Your legislation is a reasonable and essen- (A) in the first sentence by striking ‘‘the Chairman, Subcommittee on International Secu- tial first step on the road to recovery for United States Court of Appeals for the Fed- rity, Proliferation and Federal Services, whistleblower rights in the merit system. It eral Circuit’’ and inserting ‘‘any appellate U.S. Senate, Washington, DC. sends a clear message that congress was seri- DEAR MR. CHAIRMAN: The Government Ac- court of competent jurisdiction as provided ous when it passed this law in 1989 and countability Project (GAP) commends your under subsection (b)(2)’’; and strengthened it in 1994. Congressional per- leadership in sponsoring legislation to revive (B) in the third and fourth sentences by sistence is a prerequisite for those who de- and strengthen the Whistleblower Protection striking ‘‘Court of Appeals’’ each place it ap- fend the public to have a decent chance of Act (WPA). This is the primary civil service pears and inserting ‘‘court of appeals’’ in defending themselves. We look forward to law applying merit system rights to good each such place. working with you and your co-sponsors in government safeguards. Your initiative is in- passing this legislation. dispensable to restore legitimacy for the NATIONAL WHISTLEBLOWER CENTER, Sincerely, Washington, DC, June 6, 2001. law’s unanimous congressional mandate, TOM DEVINE, both in 1989 when it was passed originally Hon. DANIEL K. AKAKA, Legal Director. Chairman, Subcommittee on International Secu- and in 1994 when it was unanimously DOUG HARTNETT, rity, Proliferation, and Federal Services, strengthened. We similarly appreciate the National Security Di- U.S. Senate, Washington, DC. partnership of original cosponsors Senators rector. DEAR MR. CHAIRMAN: The National Whis- Levin and Grassley. They remain visible Mr. LEVIN. Mr. President, I am leaders from the pioneer campaigns that tleblower Center is pleased to announce its pleased to join Senators AKAKA and support for your bill to update and strength- earned this legislative mandate. GAP is a non-partisan, non-profit public GRASSLEY today in sponsoring amend- en the Whistleblower Protection Act (WPA). ments to the Whistleblower Protection We would like to commend your leadership interest organization whose mission is sup- in introducing this significant and important porting whistleblowers, those employees who Act that will strengthen the law pro- legislation. exercise free speech rights to challenge be- tecting employees who blow the whis- The National Whistleblower Center was es- trayals of the public trust about which they tle on fraud, waste, and abuse in fed- tablished because of the critical role that learn on the job. We advocated initial pas- eral programs. I sponsored the Whistle- credible whistleblowers play in the effective sage of whistleblower rights as part of the blower Protection Act in 1989 which functioning of our system of checks and bal- Civil Service Reform Act of 1978, and have strengthened and clarified the intent of led outside campaigns for passage of the ances. Despite this critical role, federal whistleblower rights in the merit sys- whistleblowers have not always enjoyed the WPA, as well as analogous laws for military same rights as other citizens. The Center has service members, state, municipal and cor- tem. But recent holdings by the United therefore maintained an on-going vigilance porate employees in industries ranging from States Court of Appeals for the Federal and commitment to preserving the integrity airlines to nuclear energy. Last year GAP Circuit have corrupted the intent of of the whistleblower process. drafted a model whistleblower law approved Congress, with the result that addi- In recent years, protections for whistle- by the Organization of American States tional clarifying language is sorely blowers have eroded. This is mainly due to (OAS) for implementation of the Inter-Amer- needed. The Federal Circuit has seri- recent decisions in cases before the U.S. ican Convention Against Corruption. ously misinterpreted key provisions of Court of Appeals for the Federal Circuit, Unfortunately, your leadership is a neces- which presently holds a monopoly on appeals sity for the Act to regain legitimacy. In 1994 the whistleblower law, and the bill we under the WPA. The Center is therefore en- on paper it reflected the state of the art for are introducing today is intended to thusiastic in its support of the provision in whistleblower rights. Despite pride in help- correct those misinterpretations. your bill that offers employees an additional ing to win its passage, GAP now must warn Congress has long recognized the ob- venue for appeals. those seeking help that the law is more like- ligation we have to protect a Federal

VerDate 11-MAY-2000 02:51 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.058 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5973 employee when he or she discloses evi- other employees was not sufficient to increase silent observers who passively dence of wrongdoing in a Federal pro- meet the ‘‘reasonable belief’’ test in conceal fraud, waste and abuse. That is gram. If an employee reasonably be- the law. The court held that ‘‘the board unacceptable. lieves that a fraud or mismanagement must look for evidence that it was rea- I was proud to be an original co-spon- is occurring, and that employee has the sonable to believe that the disclosures sor of this law when it was passed courage and the sense of responsibility revealed misbehavior [by the Air unanimously by Congress in 1989, and to make that fraud or mismanagement Force] . . .’’ The court went on to say: when it was unanimously strengthened known, it is our duty to protect the In this case, review of the Air Force’s pol- in 1994. Both were largely passed to employee from any reprisal. We want icy and implementation via the QES stand- overturn a series of hostile decisions by Federal employees to identify problems ards might well show them to be entirely ap- administrative agencies and an activist in our programs so we can fix them, propriate, even if not the best option. Indeed, court with a monopoly on the statute’s and if they fear reprisal for doing so, this review would start out with a ‘‘presump- judicial review, the Federal Circuit tion that public officers perform their duties then we are not only failing to protect correctly, fairly, in good faith, and in ac- Court of Appeals. The administrative the whistleblower, but we are also fail- cordance with the law and governing regula- agencies, the U.S. Office of Special ing to protect the taxpayer. We need to tions. . . . And this presumption stands un- Counsel and the Merit Systems Protec- encourage, not discourage, disclosures less there is ‘irrefragable proof to the con- tion Board, appear to have gotten the of fraud, waste and abuse. trary’.’’ point. They have been operating large- Today, however, the effect of the The fact that the Federal Circuit re- ly within statutory boundaries. Despite Federal Circuit decisions is to discour- manded the case to the MSPB to have the repeated unanimous congressional age the Federal employee whistle- the MSPB reconsider whether it was mandates, however, the Federal Circuit blower and overturn Congressional in- reasonable to believe that what the Air has stepped up its attacks on the Whis- tent. The Federal Circuit has misinter- Force did in this case involved gross tleblower Protection Act. Enough is preted the plain language of the law on mismanagement was appropriate. But, enough. what constitutes protected disclosure the Federal Circuit went on to impose The legislation we are introducing under the Whistleblower Protection a clearly erroneous and excessive today has four cornerstones, closing Act. Most notably, in the case of standard on the employee in proving loopholes in the scope of WPA protec- Lachance versus White, decided on May ‘‘reasonable belief,’’ requiring ‘‘irref- tion; restoring a realistic test for when 14, 1999, the Federal Circuit imposed an ragable’’ proof that there was gross reprisal protection is warranted; re- unfounded and virtually unattainable mismanagement. Irrefragable means storing the normal structure for judi- standard on Federal employee whistle- ‘‘undeniable, incontestable, incon- cial review; and codifying the anti-gag blowers in proving their cases. In that trovertible, incapable of being over- statute passed as an appropriations case, John E. White was an education thrown.’’ How can a Federal employee rider for the last 13 years. Each is sum- specialist for the Air Force who spoke meet a standard of ‘‘irrefragable’’ in marized below. out against a new educational system proving gross mismanagement? More- As part of 1994 amendments unani- that purported to mandate quality over, there is nothing in the law or the mously passed by Congress to strength- standards for schools contracting with legislative history that even suggests en the Act, the legislative history em- the Air Force bases. White criticized such a standard with respect to the phasized, ‘‘[I]t also is not possible to the new system as counterproductive Whistleblower Protection Act. The in- further clarify the clear language in because it was too burdensome and se- tent of the law is not for the employee section 2302(b)(8) that protection for riously reduced the education opportu- to act as an investigator and compile ‘any’ whistleblowing disclosure truly nities available on base. After making evidence to have ‘‘irrefragable’’ proof means ‘any.’ A protected disclosure these criticisms, local agency officials that there is fraud, waste or abuse. The may be made as part of an employee’s reassigned White, removing his duties employee, under the clear language of job duties, may concern policy or indi- and allegedly isolating him. However, the statue, need only have ‘‘a reason- vidual misconduct, and may be oral or after an independent management re- able belief’’ that there is fraud, waste written and to any audience inside or view supported White’s concerns, the or abuse occurring before making a outside the agency, without restriction Air Force canceled the program White protected disclosure. This bill will clar- to time, place, motive or content.’’ had criticized. White appealed the reas- ify the law so this misinterpretation Somehow the Federal Circuit did not signment in 1992 and the case has been will not happen again. hear our unanimous voice. Without in litigation ever since. The bill addresses a number of other commenting on numerous committee The administrative judge initially important issues as well. For example, reports and floor statements empha- dismissed White’s case, finding that his the bill adds a provision to the Whistle- sizing this cornerstone, it has been cre- disclosures were not protected by the blower Protection Act that provides ating new loopholes at an accelerated Whistleblower Protection Act. The specific protection to a whistleblower pace. Its precedents have shrunk the MSPB, however, reversed the adminis- who discloses evidence of fraud, waste, scope of protected whistleblowing to trative judge’s decision and remanded and abuse involving classified informa- exclude disclosures made as part of an it back to the administrative judge tion if that disclosure is made to the employee’s job duties, to a co-worker, holding that since White disclosed in- appropriate committee of Congress or boss, others up the chain of command, formation he reasonably believed evi- Federal executive branch employee au- or even the suspected wrongdoer to denced gross mismanagement, this dis- thorized to receive the classified infor- check facts. Under these judicial loop- closure was protected under the Act. mation. holes, the law does not cover agency On remand, the administrative judge In closing, I want to thank Senator misconduct with the largest impact, found that the Air Force had violated AKAKA for his leadership in this area. policies that institutionalize illegality the Whistleblower Protection Act and Mr. GRASSLEY. Mr. President, I rise or waste and mismanagement. Last De- ordered the Air Force to return White with determination to join Senators cember it renewed a pre-WPA loophole to his prior status; the MSPB affirmed AKAKA and LEVIN introducing legisla- that Congress has specifically out- the decision of the administrative tion on an issue that should concern us lawed. The court decreed that the law judge. OPM petitioned the Federal Cir- all: the integrity of the Whistleblower only covers the first person to place cuit for a review of the board’s deci- Protection Act of 1989. I enclose edi- evidence of given misconduct on the sion. The Federal Circuit reversed the torials and op-ed commentaries, rang- record, excluding those who challenge MSPB’s decision, holding that there ing from the New York Times to the long term abuses, witnesses whose tes- was not adequate evidence to support a Washington Times highlighting the timony supports pioneer whistle- violation under the Whistleblower Pro- needs for this law to be reborn so that blowers, or anyone who is not the tection Act. The Federal Circuit held it achieves its potential for public serv- Christopher Columbus for any given that the evidence that White was a spe- ice. Unfortunately, it has become a scandal. cialist on the subject at issue and Trojan horse that may well be creating There is no legal basis for any of aware of the alleged improper activi- more reprisal victims than it protects. these loopholes. None of these loop- ties and that his belief was shared by The impact for taxpayers could be to holes came from Congress. In fact, all

VerDate 11-MAY-2000 02:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.098 pfrm03 PsN: S07PT1 S5974 CONGRESSIONAL RECORD — SENATE June 7, 2001 contradict express congressional in- reasonable belief. If there is no dis- Lloyd Lafollette Act or other good gov- tent. Since 1978, the point of Federal agreement about alleged misconduct, ernment laws such as the Whistle- whistleblower protection has been to there is no need for whistleblowers. blower Protection Act. give agencies the first crack at clean- The court even added a routine The provision originally was in re- ing their own houses. These loopholes threat for employees asserting their sponse to a new, open-ended concept force them to either remain silent, sac- rights. Although Congress has repeat- called ‘‘classifiable.’’ That term was rifice their rights, or go behind the edly warned that motives are irrele- defined as any information that ‘‘could back of institutions and individuals if vant to assess protected speech, the or should have been classified,’’ or they want to preserve their rights court ordered the MSPB to conduct ‘‘virtually anything,’’ even if it were when challenging perceived mis- factfinding for anyone filing a whistle- not market secret. This effectively conduct. They proceed at their own blower reprisal claim, to check if the ended anonymous whistleblowing dis- risk if they exercise their professional employee had a conflict of interest for closures, imposed blanket prior re- expertise to challenge problems on the disclosing alleged misconduct in the straint, and legalized after-the-fact job. They can only challenge anecdotal first place. This means that while whis- classification as a device to cover up misconduct on a personal level, rather tleblowers have almost no chance of fraud or misconduct. Since employees than institutionalized. prevailing, they are guaranteed to be no longer were entitled to prior notice Our legislation addresses the problem placed under investigation for chal- that information was secret, the only by codifying the congressional ‘‘no ex- lenging harassment. Ironically, in 1994 way they could act safely was a prior ceptions’’ definition for lawful, signifi- Congress outlawed retaliatory inves- inquiry to the agency whether informa- cant disclosures. The legislation also tigations, which have now been institu- tion was classified. That was a neat reaffirms the right of whistleblowers to tionalized by the court. structure to lock in secrecy when its disclose classified information about In the aftermath, whistleblower sup- only purpose is to thwart congressional wrongdoing to Congress. National secu- port groups like the Government Ac- or public oversight. I am proud that rity secrecy must not cancel Congress’ countability Project must warn those the anti-gag statute has worked, and right to know about betrayals of the seeking guidance that if they assert the strange concept of ‘‘classifiable’’ is public trust. rights, they will be placed under inves- history. After 13 years and over 6,000 In a 1999 decision, the Federal Circuit tigation and any eventual legal ruling individual congressional votes without functionally overturned the standard on the merits inevitably will conclude dissent, it is time to institutionalize by which whistleblowers demonstrate they deserve punishment and formally this merit system principle. It should be beyond debate that the their disclosures deserve protection: endorse the retaliation they suffered. price of liberty is eternal vigilance. I lawful disclosures which evidence a The White case is a decisive reason for want to recognize the efforts of those ‘‘reasonable belief’’ of specific mis- those who witness fraud, waste and whose stamina defending freedom of conduct. Congress did not change this abuse to remain silent, instead of speech has applied that principle in standard in 1989 or 1994 for a simple speaking out. Profiles in Courage are practice. Senator LEVIN has been my reason: it has worked by setting a fair the exception, rather than the rule. Senate partner from the beginning of balance to protect responsible exer- Our legislation ends the presumptions legislative initiatives on this issue. His cises of free speech. Ultimate proof of of ‘‘irrefragable proof’’ and protects leadership has proved that whistle- misconduct has never been a pre- any reasonable belief as demonstrated blower protection is not an issue re- requisite for protection. Summarized by credible evidence. served for conservatives or liberals, in lay terms, ‘‘reasonable belief’’ has This is the third time Congress has Democrats or Republicans. Like the meant that if information would be ac- had to reenact a unanimous good gov- First Amendment, whistleblower pro- cepted for the record of related litiga- ernment mandate thrown out by the tection is a cornerstone right for tion, government investigations or en- Federal Circuit. This is also three Americans. forcement actions, it is illegal to fire strikes for the Federal Circuit’s mo- Nongovernmental organizations have the employee who bears witness by nopoly authority to interpret, and re- made significant contributions as well. contributing that evidence. peatedly veto, this law. It is time to The Government Accountability That realistic test no longer exists. end the broken record syndrome. Project, a non-profit, non-partisan In Lachance v. White, the Federal Cir- The Civil Service Reform Act of 1978 whistleblower support group, has been cuit overturned the victory of an Air contained normal ‘‘all circuits’’ court a relentless watchdog of merit system Force education specialist challenging of appeals judicial review under the whistleblower rights since they were a pork barrel program whose concerns Administrative Procedures Act. This created by statute in 1978. Thanks to were so valid that after an independent was the same structure as all other em- GAP, my staff has not been taken by management review, the Air Force ployment anti-reprisal or anti-dis- surprise as judicial activism threat- agreed and canceled the program. Un- crimination statutes. In 1982, the Fed- ened this good government law. Kris fortunately, local base officials held a eral Circuit was created, with a unique Kolesnick, formerly with my staff and grudge, reassigning Mr. White and monopoly on appellate review of civil now with the National Whistleblower stripping him of his duties. He appealed service, patent and copyright, and Center, worked on the original legisla- under the WPA and won before the International Trade Commission deci- tion while on my staff and continues to Merit Systems Protection Board. The sions. Unfortunately, this experiment work in partnership with me. Federal Circuit, however, held that he has failed. Our amendment restores the In the decade since Congress unani- did not demonstrated a ‘‘reasonable be- normal process of balanced review. mously passed this law, it has been a lief’’ and sent the case back. That Hopefully, that will restore normal re- Taxpayer Protection Act. My office has raises questions on its face, since agen- spect for the legislative process. been privileged to work with public cies seldom agree with whistleblowers. In 1988, I was proud to introduce an servants who exposed indefensible The court accomplished this result appropriations rider to the Treasury, waste and mismanagement at the Pen- disingenuously. While endorsing the Postal and General Government bill tagon, as well as indefensible abuses of existing standard, it added another which has been referred to as the power at the Department of Justice. I hurdle. It held that to have a reason- ‘‘anti-gag statute.’’ It has survived keep learning that whistleblowers pro- able belief, an employee must over- constitutional challenge through the ceed at their own risk when defending come the presumption that the govern- Supreme Court, and been unanimously the public. In case after case I have ment acts fairly, lawfully, properly and approved in each of the last 13 appro- seen the proof of Admiral Rickover’s in good faith. They must do so by ‘‘ir- priations bills. This provision makes it insight that unlike God, the bureauc- refragable’’ proof. The dictionary de- illegal to enforce agency nondisclosure racy does not forgive. Nor does it for- fines ‘‘irrefragable’’ as ‘‘uncontestable, policies or agreements unless there is a get. incontrovertible, undeniable, or in- specific, express addendum informing It also has been confirmed repeatedly capable of being overthrown.’’ The bot- employees that the disclosure restric- that whistleblowers must prove their tom line is that, in the absence of a tions do not override their right to commitment to stamina and persist- confession, there is no such thing as a communicate with Congress under the ence in order to make a difference

VerDate 11-MAY-2000 02:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.100 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5975 against ingrained fraud, waste and terested observer with knowledge of the es- employers had no inhibitions about abuse. There should be no question sential facts reasonably conclude gross mis- harassing her is clear evidence that the laws about Congress’, or this Senator’s com- management?’’ But the bland explanatory protecting whistle-blowers need to be mitment. Congress was serious when it guidance exposed a feudalistic duty of loy- strengthened. As they stand, these laws alty to shield misconduct by bureaucratic merely invite the kind of retaliation that passed the Whistleblower Protection bosses: ‘‘Policymakers have every right to Mrs. Long endured. Act unanimously. It is not mere win- expect loyal, professional service from subor- A career tax auditor, Mrs. Long was the dow dressing. As long as whistle- dinates.’’ So much for the Code of Ethics for star witness at Senate Finance Committee blowers are defending the public, we Government Service, which establishes the hearings convened in 1997 by William Roth of must defend credible free speech rights fundamental duty of federal employees to Delaware to investigate complaints against for genuine whistleblowers. Those who ‘‘put loyalty to the highest moral principles the I.R.S. She was the only I.R.S. witness have something to hide, the champions and to country above loyalty to persons, who did not sit behind a curtain and use a of secrecy, cannot outlast or defeat the party or Government department.’’ voice distortion device to hide her identity. The court also disarmed the whistleblower She accused the agency of preying on weaker right to know both for Congress, law law, claiming it ‘‘is not a weapon in argu- taxpayers and ignoring cheating by those enforcement agencies and the tax- ments over policy.’’ Yet when it unani- with the resources to fight back. She has payers. Every time judicial or bureau- mously approved 1994 amendments, Congress since said that she was subject to petty har- cratic activists attempt to kill this explicitly instructed, ‘‘A protected disclo- assments from the moment she arrived back law, we must revive it in stronger sure may concern policy or individual mis- at her district office in Houston. Then, on terms. Congress can not watch pas- conduct.’’ April 15 of this year, she was given what sively as this law is gutted, or tolerate Worse was a court-ordered ‘‘review’’ as a amounted to a termination notice, at which prerequisite to find a ‘‘reasonable belief’’ of gaping holes in the shield protecting point Mr. Roth intervened with the I.R.S. wrongdoing. It must begin with the ‘‘pre- commissioner and saved her job—at least for public servants. The taxpayers are on sumption that public officers perform their now. the other side of the shield, with the duties correctly, fairly, in good faith and in Had he not intervened, Mrs. Long’s only whistleblowers. accordance with the law.... [T]his pre- hope of vindication would have been the rem- Mr. President, I ask unanimous con- sumption stands unless there is ‘irrefragable’ edies provided by the Civil Service Reform sent that the October 13, 1999 article proof to the contrary.’’ Act of 1978 and the Whistle-Blower Protec- from The Washington Times and the ‘‘Irrefragable,’’ according to Webster’s Dic- tion Act of 1989. These two statutes prescribe May 1, 1999 article from The New York tionary, means ‘‘incapable of being over- a tortuous and uncertain appeals process thrown, incontestable, undeniable, incon- that in theory guarantees a whistle-blower Times be printed in the RECORD. trovertible.’’ The court’s decision kills free- There being no objection, the mate- free speech without fear of retaliation, but in dom of speech if there are two rational sides practice is an exercise in frustration. Despite rial was ordered to be printed in the to a dispute—leaving it easier to convict a recent improvements, only a handful of Fed- RECORD, as follows: criminal than for a whistleblower to be eligi- eral employees, out of some 1,500 who ap- [From the Washington Times, Oct. 13, 1999] ble for protection. The irrefragable presump- pealed in the last four years, have prevailed SILENT WHISTLEBLOWERS tion of government perfection creates a in rulings issued by the Government’s ad- WORKER PROTECTIONS ARE UNDER ATTACK thick shield protecting big government ministrative tribunal, the Merit System Pro- abuses—precisely the opposite of why the tection Board. Overwhelmingly, the rest of (By Tom Devine and Martin Edwin law was passed. the cases were screened out on technical Anderson) Finally, the court ordered the MSPB to fa- grounds or were settled informally with Judicial activism is always suspect, but cilitate routine illegality by seeking evi- token relief. when it overturns laws protecting the dence of a whistleblower’s conflict of inter- A few prominent whistle-blowers have won public’s interest in order to shield bureau- est during every review. Retaliatory inves- redemption outside the system. Frederic cratic secrecy, it makes a mockery of the tigations—those taken ‘‘because of’’ whistle- Whitehurst, the chemist who was dismissed legal system itself. blowing activities—are tantamount to witch- after disclosing sloppiness and possible dis- The issue has become a front-burner in hunts and were outlawed by Congress in 1994. honesty in the Federal Bureau of Investiga- Congress as it takes a new look at a signifi- For federal employees, the Big Brother of tion’s crime laboratory, won a sizable cash cant good-government law that twice won George Orwell’s ‘‘1984’’ has arrived 15 years settlement because he had a first-class attor- unanimous passage. In the aftermath of ex- late. ney who mounted an artful public relations tremist judicial activism that functionally Key to understanding the decision is the campaign. Ernest Fitzgerald, the Pentagon overturned the statute, a crucial campaign role played by Chief Judge Robert Mayer. employee who disclosed massive cost over- has been launched this week on the Hill to Previously, Judge Mayer served as deputy runs, survived because he was almost enlist members as friends of the court in a special counsel in an era when MSPB’s Office inhumanly persistent and because his cause, brief seeking Supreme Court review of the of Special Counsel (under its Chief Alex like Mrs. Long’s, attracted allies in high circuit court decision. Kozinski, now a 9th Circuit Court of Appeals places. But the prominence of an issue does At issue is a ruling made final in July by judge) tutored managers and taught courses not guarantee survival for the employee who the Federal Circuit Court of Appeals, which on how to fire whistleblowers without leav- discloses it. Notra Trulock, the senior intel- disingenuously overturned two laws unani- ing fingerprints. Congress passed the WPA in ligence official at the Energy Department mously passed by Congress—the code of Eth- part to deal with these abuses. who tried to alert his superiors to Chinese ics for Government Service and the Whistle- Now Judge Mayer’s judicial revenge is a espionage at a Government weapons labora- blower Protection Act. The decision, White near-perfect gambit, as his court has a vir- tory, has since been demoted. vs. Lachance, was the handiwork of a chief tual monopoly on judicial review of MSPB Senator Charles Grassley, an Iowa Repub- judge whose previous job involved swinging whistleblower decisions. lican, has been seeking ways to strengthen the ax against federal workers who dared to Congress must act quickly to pass a legis- the 1989 law with the help of the Government commit the truth. lative definition of ‘‘reasonable belief’’ that Accountability Project, a Washington advo- At issue is the fate of Air Force whistle- eliminates the certainty of professional sui- cacy group that assists whistle-blowers. One blower John White, who lost his job in 1991 cide for whistleblowers and restores the obvious improvement would be to give whis- after successfully challenging a pork-barrel law’s good-government mandate. It also tle-blowers the option to press their claims ‘‘quality management’’ training program as needs to provide federal workers the same in the Federal courts, where their cases mismanagement. Government and private legal access enjoyed by private citizens; jury could be decided by a jury. To guard against sector experts concurred with Mr. White, and trials and all circuits judicial review in the clogging the system with frivolous litiga- universities affected by it began heading for appeals courts. tion, the cases would first be reviewed by a the door. Even the Air Force agreed, can- It is unrealistic to expect federal workers nongovernment administrative panel. But celing it after outside experts agreed with with second-class rights to provide first-class the point is to give whistle-blowers an ave- Mr. White. public service. Returning federal workers to Thrice the Merit Systems Protection nue of appeal outside the closed loop in the Dark Ages is an inauspicious way to Board (MSPB), an independent federal agen- which they are now trapped. usher in a new millennium. cy, ruled in Mr. White’s favor. Each time the A reform bill along these lines passed the Justice Department appealed on technical- House in 1994 but died in the Senate. With [From the New York Times, May 1, 1999] ities. Now the federal court went further Mrs. Long’s case fresh in mind, the time has than asked while speculating that Mr. HELPING WHISTLE-BLOWERS SURVIVE come for both Houses to re-examine the White’s disclosures may not have evidenced Jennifer Long, the Internal Revenue Serv- issue. a ‘‘reasonable belief’’—the test for disclo- ice agent who nearly lost her job two weeks sures to be protected. ago after publicly blowing the whistle on By Mr. ALLARD: The court camouflaged its death-knell for abuses at the agency, was rescued at the last S. 996. A bill to direct the Secretary the whistleblower law in banal legalese, de- minute by the intervention of an influential of Veterans Affairs to establish a na- fining ‘‘reasonable belief’’ as, ‘‘Could a disin- United States Senator. But the fact that her tional cemetery for veterans in the

VerDate 11-MAY-2000 02:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.102 pfrm03 PsN: S07PT1 S5976 CONGRESSIONAL RECORD — SENATE June 7, 2001 Colorado Springs, Colorado, metropoli- the disease has spread to other oak spe- to provide financial assistance and to tan area; to the Committee on Vet- cies from Big Sur in the south to Hum- create its own task force to work with erans’ Affairs. boldt County in the north. In Marin, California’s Oak Mortality Task Force. Mr. ALLARD. Mr. President, the Col- Monterey and Santa Cruz counties, Outgoing Agriculture Secretary Dan orado Springs, Colorado metropolitan desperate local officials are predicting Glickman answered the call by releas- area is the home of the United States oak mortality rates of 70 to 90 percent ing $2.1 million in emergency funding Air Force Academy, the North Amer- unless the deadly fungus is eradicated and establishing a top-flight task force ican Aerospace Defense Command, or its spread is arrested. under the direction of USDA’s Animal United States Space Command, Ft. The loss of trees is fast approaching and Plant Health Inspection Service, Carson Army Base, Peterson Air Force epidemic proportions, with tens of APHIS. This was a good first step, but Base, and Shriever Air Force Base. thousands of dead trees appearing in it was just that. There are over 30,000 active duty and thousands of acres of forests, parks, That is why I am introducing today reserve military personnel in the city. and gardens. As the trees die, enor- the Sudden Oak Death Syndrome Con- There are nearly 23,000 retired per- mous expanses of forest, some adjacent trol Act of 2001. This legislation would sonnel in the 5th Congressional Dis- to residential areas, are subject to ex- authorize over $14 million each year for trict, which is based around Colorado treme fire hazards. Residents who built the next five years in critically needed Springs, the third largest DoD retired their homes around or among oak trees funding to fight the SODS epidemic. community in any Congressional Dis- are in particular danger. Combined with the efforts of state and trict in the country. There is, however, Sudden Oak Death Syndrome is al- local officials, this legislation will help no National Military Cemetery. ready having serious economic and en- to prevent the dire predictions from be- The bill I am introducing today is a vironmental impacts. Both Oregon and coming a terrible reality. companion piece to legislation intro- Canada have imposed quarantines on This bill is endorsed by the California duced in the House by my friend and the importation of oak products and Oak Mortality Task Force, the Marin colleague, JOEL HEFLEY. At my annual some nursery stock from California. County Board of Supervisors, the Trust town meeting in El Paso County on According to the U.S. Forest Service, for Public Land, California Releaf, and June 1, I discussed this matter with my removal of dead trees can cost $2,000 or the International Society of constituents. There are many of them more apiece, and loss of oaks can re- Arboriculturists, Western Chapter. who feel strongly that a cemetery is duce property values by 3 percent or I ask unanimous consent that the needed and I agree. This bill will allow more. In Marin County alone, tree re- text of the bill be printed in the the thousands of eligible Colorado moval and additional fire fighting RECORD. Springs military personnel, both active needs are expected to cost over $6 mil- There being no objection, the bill was duty and retired, to have a chance to lion. ordered to be printed in the RECORD, as find their final resting place in the city Nor is the spread of the follows: so many of them love. Phytophthora fungus limited to oak S. 997 trees. The fungus has also been found I am aware that the Veterans Admin- Be it enacted by the Senate and House of Rep- istration is not known for prompt and on rhododendron plants in California resentatives of the United States of America in easy cemetery construction. I am nurseries, on bay and madrone trees, Congress assembled, aware that there are some areas of the and on wild huckleberry plants. Due to SECTION 1. SHORT TITLE. country deemed to have cemetery genetic similarities, this fungus poten- This Act may be cited as the ‘‘Sudden Oak needs more critical than Colorado tially endangers Red and Pin oak trees Death Syndrome Control Act of 2001’’. Springs. But I do not think that should on the East coast as well as the SEC. 2. FINDINGS. mean that the people of Colorado Northeast’s lucrative commercial blue- Congress finds that— Springs are denied the ability to chose berry and cranberry industries. (1) tan oak, coast live oak, Shreve’s oak, a cemetery for themselves and their If left unchecked, SODS could also and black oak trees are among the most be- loved ones that properly honors their cause a broad and severe ecological cri- loved features of the topography of Cali- contributions to the nation. sis, with major damage to biodiversity, fornia and the Pacific Northwest and efforts I look forward to working on this bill wildlife habitat, water supplies, forest should be made to protect those trees from productivity, and hillside stability. disease; and seeing its eventual passage. (2) the die-off of those trees, as a result of California’s oak woodlands provide the exotic Phytophthora fungus, is approach- By Mrs. BOXER: shelter, habitat and food to over 300 ing epidemic proportions; S. 997. A bill to direct the Secretary wildlife species. They reduce soil ero- (3) very little is known about the new spe- of Agriculture to conduct research, sion. They help moderate extremes in cies of Phytophthora, and scientists are monitoring, management, treatment, temperature. And, they aid with nutri- struggling to understand the causes of sud- and outreach activities relating to sud- ent cycling, which ensures that organic den oak death syndrome, the methods of den oak death syndrome and to estab- matter is broken down and made avail- transmittal, and how sudden oak death syn- lish a Sudden Oak Death Syndrome Ad- able for use by other living organisms. drome can best be treated; visory Committee; to the Committee Very little is known about this new (4) the Phytophthora fungus has been found on— on Agriculture, Nutrition, and For- species of Phytophthora fungus. Sci- (A) Rhododendron plants in nurseries in estry. entists are struggling to better under- California; and Mrs. BOXER. Mr. President, I am in- stand Sudden Oak Death Syndrome, (B) wild huckleberry plants, potentially troducing today a bill that addresses how the disease is transmitted, and endangering the commercial blueberry and an emerging ecological crisis in Cali- what the best treatment options might cranberry industries; fornia that quite literally threatens to be. The U.S. Forest Service, the Uni- (5) sudden oak death syndrome threatens change the face of my State, and per- versity of California, the State Depart- to create major economic and environmental haps others. ments of Forestry and Fire Protection, problems in California, the Pacific North- California’s beloved oak trees are in west, and other regions, including— and County Agricultural Commis- (A) the increased threat of fire and fallen grave peril. Thousands of black oak, sioners have created an Oak Mortality trees; coastal live oak, tan and Shreve’s oak Task Force in an attempt to half (B) the cost of tree removal and a reduc- trees, among the most familiar and SODS’s frightening march across Cali- tion in property values; and best loved features of California’s land- fornia and into adjoining states. (C) loss of revenue due to— scape are dying from a newly discov- The Task Force has established a se- (i) restrictions on imports of oak products ered disease known as Sudden Oak ries of objectives leading to the elimi- and nursery stock; and Death Syndrome, SODS. nation of SODS, but very little can be (ii) the impact on the commercial rhodo- Caused by an exotic species of the dendron, blueberry, and cranberry indus- accomplished without adequate sup- tries; and Phytophthora fungus, the fungus re- port for ongoing research, monitoring, (6) Oregon and Canada have imposed an sponsible for the Irish potato famine, treatment and education. emergency quarantine on the importation of SODS first struck a small number of In September of last year, I called on oak trees, oak products, and certain nursery tan oaks in Marin County in 1995. Now the Department of Agriculture, USDA, plants from California.

VerDate 11-MAY-2000 02:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.070 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5977 SEC. 3. RESEARCH, MONITORING, AND TREAT- organizations providing information on sud- our Nation’s rural and underserved MENT OF SUDDEN OAK DEATH SYN- den oak death syndrome. communities. DROME. SEC. 6. SUDDEN OAK DEATH SYNDROME ADVI- (a) IN GENERAL.—The Secretary of Agri- Oral and general health are insepa- SORY COMMITTEE. culture (referred to in this Act as the ‘‘Sec- rable, and good dental care is critical (a) ESTABLISHMENT.— retary’’) shall carry out a sudden oak death to our overall physical health and well- (1) IN GENERAL.—The Secretary shall estab- syndrome research, monitoring, and treat- being. Dental health encompasses far lish a Sudden Oak Death Syndrome Advisory ment program to develop methods to con- more than cavities and gum disease. trol, manage, or eradicate sudden oak death Committee (referred to in this section as the ‘‘Committee’’) to assist the Secretary in car- The recent U.S. Surgeon General re- syndrome from oak trees on both public and port Oral Health in America states private land. rying out this Act. (b) RESEARCH, MONITORING, AND TREATMENT (2) MEMBERSHIP.— that ‘‘the mouth acts as a mirror of ACTIVITIES.—In carrying out the program (A) COMPOSITION.—The Committee shall health and disease’’ that can help diag- under subsection (a), the Secretary may— consist of— nose disorders such as diabetes, leu- (1) conduct open space, roadside, and aerial (i) 1 representative of the Animal and kemia, heart disease, or anemia. surveys; Plant Health Inspection Service, to be ap- While oral health in America has im- (2) provide monitoring technique work- pointed by the Administrator of the Animal proved dramatically over the last 50 shops; and Plant Health Inspection Service; (ii) 1 representative of the Forest Service, years, these improvements have not oc- (3) develop baseline information on the dis- curred evenly across all sectors of our tribution, condition, and mortality rates of to be appointed by the Chief of the Forest oaks in California and the Pacific Northwest; Service; population, particularly among low-in- (4) maintain a geographic information sys- (iii) 2 individuals appointed by the Sec- come individuals and families. Too tem database; retary from each of the States affected by many Americans today lack access to (5) conduct research activities, including sudden oak death syndrome; and dental care. While there are clinically research on forest pathology, Phytophthora (iv) any individual, to be appointed by the proven techniques to prevent or delay ecology, forest insects associated with oak Secretary, in consultation with the Gov- the progression of dental health prob- decline, urban forestry, arboriculture, forest ernors of the affected States, that the Sec- retary determines— lems, an estimated 25 million Ameri- ecology, fire management, silviculture, land- cans live in areas lacking adequate scape ecology, and epidemiology; (I) has an interest or expertise in sudden (6) evaluate the susceptibility of oaks and oak death syndrome; and dental services. As a consequence, other vulnerable species throughout the (II) would contribute to the Committee. these effective treatment and preven- United States; and (B) DATE OF APPOINTMENTS.—The appoint- tion programs are not being imple- (7) develop and apply treatments. ment of a member of the Committee shall be mented in many of our communities. made not later than 90 days after the enact- SEC. 4. MANAGEMENT, REGULATION, AND FIRE Astoundingly, as many as eleven per- PREVENTION. ment of this Act. cent of our Nation’s rural population (a) IN GENERAL.—The Secretary shall con- (3) INITIAL MEETING.—Not later than 30 days after the date on which all members of has never been to the dentist. duct sudden oak death syndrome manage- This situation is exacerbated by the ment, regulation, and fire prevention activi- the Committee have been appointed, the ties to reduce the threat of fire and fallen Committee shall hold the initial meeting of fact that our dental workforce is trees killed by sudden oak death syndrome. the Committee. graying and the overall ratio of den- (b) MANAGEMENT, REGULATION, AND FIRE (b) DUTIES.— tists to population is declining. In PREVENTION ACTIVITIES.—In carrying out (1) IMPLEMENTATION PLAN.—The Committee Maine, there currently are 393 active subsection (a), the Secretary may— shall prepare a comprehensive implementa- dentists, 241 of whom are 45 or older. (1) conduct hazard tree assessments; tion plan to address the management, con- More than 20 percent of dentists na- (2) provide grants to local units of govern- trol, and eradication of sudden oak death tionwide will retire in the next ten ment for hazard tree removal, disposal and syndrome. recycling, assessment and management of (2) REPORTS.— years and the number of dental grad- restoration and mitigation projects, green (A) INTERIM REPORT.—Not later than 1 year uates by 2015 may not be enough to re- waste treatment facilities, reforestation, re- after the date of enactment of this Act, the place these retirees. sistant tree breeding, and exotic weed con- Committee shall submit to Congress the im- As a consequence, Maine, like many trol; plementation plan prepared under paragraph States, is currently facing a serious (3) increase and improve firefighting and (1). shortage of dentists, particularly in emergency response capabilities in areas (B) FINAL REPORT.—Not later than 3 years rural areas. While there is one general where fire hazard has increased due to oak after the date of enactment of this Act, the practice dentist for every 2,286 people Committee shall submit to Congress a report die-off; in the Portland area, the numbers drop (4) treat vegetation to prevent fire, and as- that contains— sessment of fire risk, in areas heavily in- (i) a summary of the activities of the Com- off dramatically in western and north- fected with sudden oak death syndrome; mittee; ern Maine. In Aroostook County, where (5) conduct national surveys and inspec- (ii) an accounting of funds received and ex- I’m from, there’s only one dentist for tions of— pended by the Committee; and every 5,507 people. Moreover, at a time (A) commercial rhododendron and blue- (iii) findings and recommendations of the when tooth decay is the most prevalent berry nurseries; and Committee. childhood disease in America, Maine (B) native rhododendron and huckleberry SEC. 7. AUTHORIZATION OF APPROPRIATIONS. has fewer than ten specialists in pedi- plants; There are authorized to be appropriated for atric dentistry, and most of these are (6) provide for monitoring of oaks and each of fiscal years 2002 through 2007— other vulnerable species throughout the located in the southern part of the (1) to carry out section 3, $7,500,000, of State. United States to ensure early detection; and which up to $1,500,000 shall be used for treat- (7) provide diagnostic services. ment; This dental workforce shortage is ex- SEC. 5. EDUCATION AND OUTREACH. (2) to carry out section 4, $6,000,000; acerbated by the fact that Maine cur- (a) IN GENERAL.—The Secretary shall con- (3) to carry out section 5, $500,000; and rently does not have a dental school or duct education and outreach activities to (4) to carry out section 6, $250,000. even a dental residency program. Den- make information available to the public on tal schools can provide a critical safety sudden death oak syndrome. By Ms. COLLINS (for herself and net for the oral health needs of a state, (b) EDUCATION AND OUTREACH ACTIVITIES.— Mr. FEINGOLD): In carrying out subsection (a), the Secretary and dental education clinics can pro- may— S. 998. A bill to expand the avail- vide the surrounding communities with (1) develop and distribute educational ma- ability of oral health services by care that otherwise would be unavail- terials for homeowners, arborists, urban for- strengthening the dental workforce in able to disadvantaged and underinsured esters, park managers, public works per- designated underserved areas; to the populations. Maine is just one of a sonnel, recreationists, nursery workers, Committee on Health, Education, number of predominantly rural States landscapers, naturists, firefighting per- Labor, and Pensions. that lacks this important component sonnel, and other individuals, as the Sec- Ms. COLLINS. Mr. President, I am of a dental safety net. retary determines appropriate; pleased to join my good friend and col- Maine, like many States, is exploring (2) design and maintain a website to pro- vide information on sudden oak death syn- league from Wisconsin, Senator RUSS a number of innovative ideas for in- drome; and FEINGOLD, in introducing legislation to creasing access to dental care in under- (3) provide financial and technical support improve access to oral health care by served areas. In an effort to supple- to States, local governments, and nonprofit strengthening the dental workforce in ment and encourage these efforts, we

VerDate 11-MAY-2000 02:03 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.064 pfrm03 PsN: S07PT1 S5978 CONGRESSIONAL RECORD — SENATE June 7, 2001 are introducing legislation today to es- velop and implement a plan for in- Having said that, we agree that dental care tablish a new State grant program de- creasing the participation of dentists has not reached every corner of American so- signed to improve access to oral health and dental hygienists in the National ciety to the extent it has reached the major- services in rural and underserved areas. ity of Americans. For those Americans who Health Service Corps scholarship and are unable to pay for care, and those with The legislation authorizes $50 million loan repayment programs. special needs, such as disabled individuals, over five years for grants to States to It would also allow National Health those with congenital conditions, and non- help them develop innovative dental Service Corps scholarship and loan re- ambulatory patients, obtaining dental care workforce development programs spe- payment program recipients to fulfill can be difficult. cific to their individual needs. their commitment on a part-time Your legislation recognizes several of these States could use these grants to fund basis. Many small rural communities problems and goes a long way towards ad- a wide variety of programs. For exam- may not have sufficient populations to dressing them in a targeted and meaningful way. The section on grant proposals offers ple, they could use the funds for loan support a full-time dentist or dental states the opportunity to be innovative in forgiveness and repayment programs hygienist. This would give the National their approaches to address specific geo- for dentists practicing in underserved Health Service Corps additional flexi- graphical dental workforce issues. You rec- ares. They could also use them to pro- bility to meet the needs of these com- ognize the need to provide incentives to in- vide grants and low- or no-interest munities. Moreover, some practitioners crease faculty recruitment in accredited den- loans to help practitioners to establish may find part-time service more at- tal training institutions, and your support or expand practices in these under- tractive, which in turn could improve for increasing loan repayment and scholar- ship programs will provide the appropriate served areas. States, like Maine, that both recruitment and retention in incentives to increase the dental workforce do not have a dental school could use these communities. in ‘‘safety net’’ organizations. the funds to establish a dental resi- Last year, after a six-year hiatus, the The ADA is very grateful for your leader- dency program. Other States might National Health Service Corps began a ship on these issues. Thank you for intro- want to use the grant funding to estab- two-year pilot program to award schol- ducing this legislation. We want to continue lish or expand community or school- arships to dental students. While this to work with you on dental access issues in based dental facilities or to set up mo- is a step in the right direction, these general and on this legislation as it moves bile or portable dental clinics. scholarships are only being awarded to through the Congress. Sincerely, To assist in their recruitment and re- students attending certain dental ROBERT M. ANDERTON, tention efforts, States could also use schools, none of which are in New Eng- President. the funds for placement and support of land. Moreover, the pilot project re- dental students, residents, and ad- quires the participating dental schools AMERICAN DENTAL vanced dentistry trainees. Or, they to encourage Corps dental scholars to EDUCATION ASSOCIATION, could use the grant funds for con- practice in communities near their Washington, DC, May 23, 2001. tinuing dental education, including educational institutions. As a con- Hon. SUSAN COLLINS, distance-based education, and practice sequence, this program will do nothing U.S. Senate, Russell Senate Office Building, support through teledentistry. Washington, DC. to help relieve the dental shortage in DEAR SENATOR COLLINS, I am writing on Other programs that could be funded Maine and other areas of New England. behalf of the dental education community to through the grants include: commu- The bill we are introducing today commend you for developing and introducing nity-based prevention services such as would address this problem by expand- the Dental Health Improvement Act. This water fluoridation and dental sealant ing the National Health Service Corps legislation, when enacted into law, will ex- programs; school programs to encour- Pilot Scholarship Program so that den- pand the availability of oral health care age children to go into oral health or tal students attending any of the 55 services for the nation’s underserved popu- lations, strengthen the dental workforce, as science professions; the establishment U.S. dental schools can apply and re- or expansion of a State dental office to well as maintain the ability of dental schools quire that placements for these schol- to produce the necessary manpower to pro- coordinate oral health and access ars be based strictly on community vide oral health care to all Americans. issues; and any other activities that need. The American Dental Education Associa- are determined to be appropriate by It would also improve the process for tion (ADEA) represents the nation’s 55 den- the Secretary of Health and Human designating dental health professional tal schools, as well as hospital-based dental Services. shortage areas and ensure that the cri- and advanced dental education programs, al- The National Health Service Corps is lied dental programs and schools, dental re- teria for making such designations pro- search institutions, and the faculty and stu- helping to meet the oral health needs vides a more accurate reflection of oral of underserved communities by placing dents at these institutions. ADEA’s member health need, particularly in rural schools are dedicated to providing the high- dentists and dental hygienists in some areas. est quality education to their students, con- of America’s most difficult-to-place Mr. President, the Dental Health Im- ducting research and providing oral health inner city, rural, and frontier areas. provement Act will make critically im- care services to Americans from medically Unfortunately, however, the number of portant oral health care services more unserved and underserved areas, the major- dentists and dental hygienists with ob- accessible in our Nation’s rural and un- ity of whom are uninsured or who are from ligations to serve in the National low-income families. Recent downward derserved communities, and I urge all trends in student enrollment and a growing Health Service Corps falls far short of of my colleagues to sign on as cospon- meeting the total identified need. Ac- shortage in dental faculty have caused sors. I also ask unanimous consent that ADEA serious concern about our ability to cording to the Surgeon General, only letters endorsing the bill from the fully and competently address these respon- about 6 percent of the dental need in American Dental Association and the sibilities. America’s rural and underserved com- American Dental Education Associa- Therefore, I was delighted to see that the Dental Health Improvement Act directly re- munities is currently being met by the tion be printed in the RECORD. National Health Service Corps. sponds to many of these concerns. If imple- There being no objection, the mate- mented, the Act would expand access to oral In my state, approximately 173,000 rial was ordered to be printed in the Mainers live in designated dental health care to thousands of Americans for RECORD, as follows: the first time. When enacted, the provisions health professional shortage areas. AMERICAN DENTAL ASSOCIATION, of the bill can be instrumental in helping the While the National Health Service Washington, DC, May 25, 2001. more than 31 million Americans living in Corps estimates that it will take 33 Hon. SUSAN COLLINS, areas that lack access to adequate oral dental clinicians to meet this need, it Russell Senate Office Building, health care services. It can provide much currently has only three serving in my Washingtion, DC. needed help to dental education institutions State. DEAR SENATOR COLLINS: On behalf of the as we seek to address faculty shortages. The bill we are introducing today American Dental Association and our 144,000 As you know, dental education institutions would make some needed improve- member dentists, I am delighted to endorse face a major crisis in the graying of its fac- the ‘‘Dental Health Improvement Act,’’ ulty which threatens the quality of dental ments in this critically important pro- which you introduced today. The Association education, oral, dental and craniofacial re- gram so that it can better respond to is proud that the oral health of Americans search, and ultimately will adversely impact our nation’s oral health needs. continues to improve, and that Americans the health of all Americans. Currently, there First, it would direct the Secretary have access to the best oral health care in are approximately 400 faculty vacancies. Re- of Health and Human Services to de- the world. tirements are expected to accelerate in both

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.106 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5979 private practice as well as teaching faculties the beautiful memorial to those who of 1990 to provide incentive grants to in the nation’s 55 dental schools. There is a served in that conflict located here in improve the quality of child care; to significant decrease in the number of men Washington. That war and those he- the Committee on Health, Education, and women choosing careers in dentistry, roes, however, are only the first part of Labor, and Pensions. teaching and research. Your personal experi- ence in Maine is a perfect example. the story. The rest of the story is about Mr. REED. Mr. President, I rise Educational debt has increased, affecting the more than 40,000 members of the today to introduce the Child Care Qual- both career choices and practice location. United States armed forces who have ity Incentive Act of 2001, which seeks Your bill will provide funds to help with re- served in Korea since the signing of the to provide incentive grants to improve cruitment and retention efforts and helps ex- cease-fire agreement in July 1953. the quality of child care in this coun- pand dental residency training programs to Technically speaking, North and try. the 27 states that do not currently have den- South Korea remain at war to this day, The child care system in this country tal schools. and during the intervening cease fire, is in crisis; the need for affordable and Also important are the incentives you have proposed to expand or establish community- the uncertain ‘‘peace’’ has been chal- accessible high quality child care far based dental facilities linked with dental lenged many many times. According to exceeds the supply. education institutions. The need for this is statistics I have read, the North Kore- As long as an estimated 14 million obvious. More than two-thirds of patients ans have breached the cease-fire agree- children under age six, including six visiting dental school clinics are members of ment more than 40,000 times since 1954 million infants and toddlers, spend families whose annual income is estimated using virtually every method of lim- some part of every day in child care, to be $15,000 or below. About half of these pa- ited attacks you could think of. Some the availability of quality programs tients are on Medicare or Medicaid, while 1,239 U.S. service personnel have been and settings will continue to be a seri- more than a third have no insurance cov- ous issue facing this Nation. erage or government assistance program to killed in Korea during the past 47 help them pay for their dental care. years; 87 have been captured, held pris- With full-day child care costing as Dental academic institutions are com- oner, and in many cases, tortured. much as $4,000 to $10,000 per year, per mitted to their patient care mission, not During the past five decades, our child, and with Federal assistance se- only by improving the management and effi- service men and women in Korea have verely limited, many working families ciency of patient centered care delivery at performed their duties in a virtual tin- cannot afford quality child care. For the dental school, but through increasing af- derbox waiting for a match. There is no low-income families with young chil- filiations with and use of satellite clinics. question about the danger of their as- dren, the cost of child care can con- All dental schools maintain at least one den- sume anywhere from 25 to 45 percent of tal clinic on-site, and approximately 70% of signment. Some 70 percent of North U.S. dental schools have school sponsored Korea’s active military force, including their monthly income. satellite clinics. Delivering patient care in about 700,000 troops, more than 8,000 ar- And the demand for all types of child diverse settings demonstrates professional tillery systems, and 2000 tanks are care is likely to increase, as maternal responsibility to the oral health of the pub- within 90 miles of the Demilitarized employment continues to rise, as well lic. Zone, DMZ. Military experts estimate as the need to meet the requirements Dental schools and other academic dental that a massive North Korean attack of welfare reform. At the same time institutions provide oral health care to un- could overrun South Korea’s capital at the need for care is growing, we must derserved and disadvantaged populations. focus on the quality of care provided Yet more than 11 percent of the nation’s Seoul in a matter of hours or days. A rural population has never been to see a den- potential frontal assault by North Ko- for our children. tist. This bill can have a positive impact on rean troops would have the backing of Many studies, including research the population by establishing access to oral more than 500 short range ballistic findings from the National Institute health care at community based dental fa- missiles capable of delivering weapons for Child Health and Development, cilities and consolidated health center that of mass destruction in addition to con- show that quality early care and edu- are linked to dental schools. 100 million ventional warheads. cation leads to increased cognitive Americans presently do not have access to It is amazing to me to have discov- abilities, positive classroom learning fluoridated water. The bill provides for com- behavior, an increased likelihood of munity-based prevention services such as ered that despite all of these facts, the fluoride and sealants that can cause a dra- Department of Defense has not award- long-term school success, and con- matic change for nearly a third of the ed service awards to those who served sequently, a greater likelihood of long- nations’s population. in Korea during the Cold War. It should term and social self-sufficiency. Thank you again for taking such a leader- be noted that there have been more High quality child care not only pre- ship role in the area of oral health. Please be casualties in Korea since 1954 that in pares children for school, it helps them assured that ADEA looks forward to working Sinai, Grenada, Somalia, Haiti, Bosnia, succeed in life. We must therefore be closely with you to bring the far-reaching Kosovo, Iraq, and Kuwait, and yet serv- more diligent in our efforts to improve potential of the Dental Health improvement ice awards have been presented to par- the quality of child care in this coun- Act to fruition. try. Sincerely, ticipants in each of those operations, RICHARD W. VALACHOVIC, but not to those who have served in Quality of care means providing a Executive Director. Korea. General Thomas Schwartz, cur- safe, healthy environment for our chil- rent Commander-in-Chief of U.S. dren; well-trained providers; good staff- By Mr. BINGAMAN (for himself Forces Korea has recognized this injus- to-child ratios so staff can interact and Mr. ROBERTS): tice and supports the award I am pro- with the children in a developmental S. 999. A bill to amend title 10, posing today. setting; low staff turnover that fosters United States Code, to provide for a Representative ELTON GALLEGLY a sense of security for the children; and Korea Defense Service Medal to be from California introduced this bill in age-appropriate activities that enhance issued to members of the Armed Forces the House recently, and I am honored learning. who participated in operations in to do so here in the Senate. I urge my When we look at the quality of our Korea after the end of the Korean War; colleagues to join with me to attain current system, the findings are appall- to the Committee on Armed Services. swift passage of this measure which is ing. A study of Federal, nonprofit, for- Mr. BINGAMAN. Mr. President, I rise a long overdue expression of recogni- profit, and in-home child care settings today with my esteemed colleague, tion and gratitude to the thousands of conducted by the U.S. Consumer Prod- Senator PAT ROBERTS of Kansas, to in- American men and women in uniform uct Safety Commission found that two- troduce a bill that would award the Ko- who have put their lives literally on thirds of these child care settings had rean Defense Service Medal to all the front line for peace and freedom. at least one major safety hazard. The members of the Armed Forces who par- study documented at least 56 deaths ticipated in operations in Korea after By Mr. REED (for himself, Mr. among children in child care settings the end of the Korean War. Fifty years DODD, Mr. KENNEDY, Mrs. MUR- since 1990, and reported that in 1997, ago, American men and women were RAY, Mr. KERRY, and Mr. 31,000 children ages four and younger fighting a very tough war in Korea. We CORZINE). received emergency room treatment commemorate their heroism in many S. 1000. A bill to amend the Child for injuries in child care centers or ways half a century later, and pause at Care and Development Block Grant Act schools.

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.109 pfrm03 PsN: S07PT1 S5980 CONGRESSIONAL RECORD — SENATE June 7, 2001 Another study in four States found in the first place, completely vanished. for significant increases in state pay- that only 1 in 7 child care centers pro- Currently, federal Child Care Develop- ment rates for the provision of quality vide care that promotes healthy devel- ment Fund regulations require states child care. opment, while 1 in 8 child care centers to conduct market rate surveys every Increasing payment rates for the pro- provide care that actually threatens other year, but there is no requirement vision of child care is the key to qual- the safety and health of children. for States to actually use the market ity. Better payment rates lead to high- The results of a very recent study rate surveys to set payment rates. er quality child care as child care pro- conducted by the Center for the Child Indeed, according to a February 1998 viders are able to attract and retain Care Workforce are also startling. It report by the Department of Health qualified staff, maintain a safe and finds that the child care industry is and Human Services, 29 out of the 50 healthy environment, and purchase losing well-educated teaching staff and States and the District of Columbia did age-appropriate educational materials. administrators at an alarming rate and not make payment rates that were At the same time, increased payment hiring replacement teachers with less based on the 75th percentile of the cur- rates expand the number of choices training and education. rent market rate, often asserting that parents have in finding quality child This study, conducted over a six-year budget constraints prevented them care, as providers are able to accept period from 1994 to 2000, found that 76 from doing so. children whose parents had previously percent of the teaching staff employed Furthermore, a January 1998 General been unable to afford the cost of care. in the centers surveyed in 1996, and 82 Accounting Office report noted that While there is currently money avail- percent of those working in the centers while states conduct biennial market able through the CCDBG that may be in 1994 were no longer on the job in surveys, some set reimbursement rates spent for quality initiatives, most 2000. And of those teaching staff who based on older surveys. And when states opt to expand availability of left, nearly half had completed a bach- States set reimbursement rates signifi- care rather than focus on quality. This elor’s degree, compared to only one- cantly lower than actual costs, child bill allows funding to be used only for third of the new teachers who replaced care choices for families become se- quality initiatives. them. verely limited. We have received overwhelming sup- Furthermore, the study found that When States set low rates or fail to port for this bill from the child care director turnover rates were exceed- update rates, they force working fami- community, including endorsements ingly high, contributing to staff insta- lies into a difficult dilemma, they must from USA Child Care, the Children’s bility. Teaching staff and directors re- either place their children into lower Defense Fund, Catholic Charities of ported that high turnover among their cost, lower quality child care programs USA, YMCA of USA, the National colleagues negatively affected their that will accept the State subsidy or Child Care Association, and a host of ability to do their jobs. come up with extra dollars to supple- organizations and agencies across the We frequently hear of the critical ment the State subsidy and buy better country. shortage of qualified elementary and quality child care. Children are the hope of America, secondary school teachers. In contrast, The Children’s Defense Fund, in a and they need the best of America. We the staffing crisis in early care barely March 1998 report entitled, ‘‘Locked cannot ask working families to choose registers in the public awareness, but Doors: States Struggling to Meet the between paying the rent, buying food, is equally important and worthy of our Child Care Needs of Low-Income Work- and being able to afford the quality attention. ing Families,’’ noted that when rates care their children need. We’ve made a The inability of many child care cen- are set below the market rate, child lot of progress in improving the health, ters to offer competitive salaries is a care providers are forced to cut corners safety, and well-being of children in serious obstacle to attracting and re- ‘‘in ways that lower the quality of care this country. But as we approach the taining qualified staff. Despite recogni- for children.’’ 21st century, we need to do more. If we tion that higher wages contribute to And when rates fall below the real are serious about putting parents to greater staff stability, compensation cost of providing care, child care pro- work and protecting children, we must for the majority of teaching positions viders who do not choose to reduce invest more in child care help for fami- has not kept pace with the cost of liv- staff or lower salaries and benefits, lies. ing over the last six years. allow physical conditions to deterio- Our youngest and most vulnerable Wages, when adjusted for inflation, rate, forgo educational book, toy, and citizens, our children, deserve better have actually decreased six percent for equipment purchases, may simply not from us. I urge my colleagues to join day care teaching staff, and K–12 teach- accept children with subsidies, or may Senators DODD, KENNEDY, MURRAY, ers earn up to twice as much as child go out of business. These dilemmas can KERRY, CORZINE, and me in this endeav- care providers with equivalent edu- be avoided if we help States set pay- or to improve the quality of child care cation and experience. At present, ment rates that keep up with the mar- by cosponsoring the Child Care Quality there is little economic incentive to ket. Incentive Act. begin or continue a career in child Recently, Rhode Island and many Mr. President, I ask unanimous con- care. other States celebrated the sixth an- sent that the text of the bill be printed Researchers have consistently found nual national Provider Appreciation in the RECORD. that the cornerstone of quality child Day, which presented us with an oppor- There being no objection, the bill was care is the presence of sensitive, con- tunity to honor one of the most under- ordered to be printed in the RECORD, as sistent, well-trained and well-com- recognized and under-compensated pro- follows: pensated caregivers. Yet many centers fessions. I am therefore pleased to be S. 1000 are unable to provide children with joined by Senator CHRIS DODD, a leader Be it enacted by the Senate and House of Rep- even this most essential component of in improving child care, along with resentatives of the United States of America in early care. Senators KENNEDY, MURRAY, KERRY, Congress assembled, This high rate of safety hazards and and CORZINE in introducing the Child SECTION 1. SHORT TITLE. unstable workforce results signifi- Care Quality Incentive Act, which This Act may be cited as the ‘‘Child Care cantly from low payment or reimburse- seeks to redouble our child care efforts Quality Incentive Act of 2001’’. ment rates for the provision of child and renew the child care partnership SEC. 2. FINDINGS AND PURPOSES. care. Prior to October 1996, states were with the states by providing incentive (a) FINDINGS.—Congress makes the fol- required to make payments to (or sub- funding for States to increase payment lowing findings: sidize) child care providers based on rates. (1) Recent research on early brain develop- the 75th percentile of the market rate, Our legislation establishes a new, ment reveals that much of a child’s growth mandatory pool of funding under the is determined by early learning and nur- or the level at which parents can afford turing care. Research also shows that qual- 75 out of 100 local providers. Child Care and Development Block ity early care and education leads to in- However, with the passage of welfare Grant, CCDBG. This new funding, cou- creased cognitive abilities, positive class- reform legislation, this requirement, pled with mandatory, current market room learning behavior, increased likelihood which had not been effectively enforced rate surveys, will form the foundation of long-term school success, and greater

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.072 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5981 likelihood of long-term economic and social ment Block Grant Act of 1990 (42 U.S.C. 9858 described in subsection (b)(1)(A) may use self-sufficiency. et seq.) is amended by inserting after section funds received under a grant made under this (2) Each day an estimated 13,000,000 chil- 658G the following: section for any other activity that the State dren, including 6,000,000 infants and toddlers, ‘‘SEC. 658H. GRANTS TO IMPROVE THE QUALITY demonstrates to the Secretary will enhance spend some part of their day in child care. OF CHILD CARE. the quality of child care services provided in However, a study in 4 States found that only ‘‘(a) AUTHORITY.— the State. 1 in 7 child care centers provide care that ‘‘(1) IN GENERAL.—The Secretary shall use ‘‘(3) SUPPLEMENT NOT SUPPLANT.—Amounts promotes healthy development, while 1 in 8 the amount appropriated under section paid to a State under this section shall be child care centers provide care that threat- 658B(b) for a fiscal year to make grants to el- used to supplement and not supplant other ens the safety and health of children. igible States in accordance with this section. Federal, State, or local funds provided to the (3) Full-day child care can cost $4,000 to ‘‘(2) ANNUAL PAYMENTS.—The Secretary State under this subchapter or any other $10,000 per year. shall make an annual payment for such a provision of law. (4) Although Federal assistance is avail- grant to each eligible State out of the allot- ‘‘(e) EVALUATIONS AND REPORTS.— able for child care, funding is severely lim- ment for that State determined under sub- ‘‘(1) STATE EVALUATIONS.—Each eligible ited. Even with Federal subsidies, many fam- section (c). State shall submit to the Secretary, at such ilies cannot afford child care. For families ‘‘(b) ELIGIBLE STATES.— time and in such form and manner as the with young children and a monthly income ‘‘(1) IN GENERAL.—In this section, the term Secretary may require, information regard- under $1,200, the cost of child care typically ‘eligible State’ means a State that— ing the State’s efforts to increase payment consumes 25 percent of their income. ‘‘(A) has conducted a survey of the market rates and the impact increased rates are hav- (5) Payment (or reimbursement) rates, rates for child care services in the State ing on the quality of, and accessibility to, which determine the maximum the State within the 2 years preceding the date of the child care in the State. will reimburse a child care provider for the submission of an application under para- ‘‘(2) REPORTS TO CONGRESS.—The Secretary care of a child who receives a subsidy, are graph (2); and shall submit biennial reports to Congress on too low to ensure that quality care is acces- ‘‘(B) submits an application in accordance the information described in paragraph (1). sible to all families. with paragraph (2). Such reports shall include data from the ap- (6) Low payment rates directly affect the ‘‘(2) APPLICATION.— plications submitted under subsection (b)(2) kind of care children get and whether fami- ‘‘(A) IN GENERAL.—To be eligible to receive as a baseline for determining the progress of lies can find quality child care in their com- a grant under this section, a State shall sub- each eligible State in maintaining increased munities. In many instances, low payment mit an application to the Secretary at such payment rates. rates force child care providers to cut cor- time, in such manner, and accompanied by ‘‘(f) PAYMENT RATE.—In this section, the ners in ways that lower the quality of care such information, in addition to the informa- term ‘payment rate’ means the rate of reim- for children, including reducing number of tion required under subparagraph (B), as the bursement to providers for subsidized child staff, eliminating staff training opportuni- Secretary may require. care.’’. ties, and cutting enriching educational ac- ‘‘(B) INFORMATION REQUIRED.—Each appli- (e) PAYMENTS.—Section 658J(a) of the Child tivities and services. cation submitted for a grant under this sec- Care and Development Block Grant Act of (7) Children in low quality child care are tion shall— 1990 (42 U.S.C. 9858h(a)) is amended by insert- more likely to have delayed reading and lan- ‘‘(i) detail the methodology and results of ing ‘‘from funds appropriated under section guage skills, and display more aggression to- the State market rates survey conducted 658B(a)’’ after ‘‘section 658O’’. ward other children and adults. pursuant to paragraph (1)(A); (f) ALLOTMENT.—Section 658O of the Child (8) Increased payment rates lead to higher ‘‘(ii) describe the State’s plan to increase Care and Development Block Grant Act of quality child care as child care providers are payment rates from the initial baseline de- 1990 (42 U.S.C. 9858m) is amended— able to attract and retain qualified staff, termined under clause (i); and (1) in subsection (a)— provide salary increases and professional ‘‘(iii) describe how the State will increase (A) in paragraph (1), by striking ‘‘this sub- training, maintain a safe and healthy envi- payment rates in accordance with the mar- chapter’’ and inserting ‘‘section 658B(a)’’; ronment, and purchase basic supplies and de- ket survey results. and velopmentally appropriate educational ma- ‘‘(3) CONTINUING ELIGIBILITY REQUIRE- (B) in paragraph (2), by striking ‘‘section terials. MENT.—The Secretary may make an annual 658B’’ and inserting ‘‘section 658B(a)’’; (b) PURPOSE.—The purpose of this Act is to payment under this section to an eligible (2) in subsection (b)(1), in the matter pre- improve the quality of, and access to, child State only if— ceding subparagraph (A), by inserting ‘‘each care by increasing child care payment rates. ‘‘(A) the Secretary determines that the subsection of’’ before ‘‘section 658B’’; and SEC. 3. INCENTIVE GRANTS TO IMPROVE THE State has made progress, through the activi- (3) in subsection (e)— QUALITY OF CHILD CARE. ties assisted under this subchapter, in main- (A) in paragraph (1), by striking ‘‘the allot- (a) FUNDING.—Section 658B of the Child taining increased payment rates; and ment under subsection (b)’’ and inserting Care and Development Block Grant Act of ‘‘(B) at least once every 2 years, the State ‘‘an allotment made under subsection (b)’’; 1990 (42 U.S.C. 9858) is amended— conducts an update of the survey described and (1) by striking ‘‘There’’ and inserting the in paragraph (1)(A). (B) in paragraph (3), by inserting ‘‘cor- following: ‘‘(4) REQUIREMENT OF MATCHING FUNDS.— responding’’ before ‘‘allotment’’. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—To be eligible to receive There’’; a grant under this section, the State shall By Ms. SNOWE (for herself, Mrs. (2) in subsection (a), by inserting ‘‘(other agree to make available State contributions LINCOLN, Mr. MURKOWSKI, Mr. than section 658H)’’ after ‘‘this subchapter’’; from State sources toward the costs of the and BREAUX, Mr. HUTCHINSON, Mr. activities to be carried out by a State pursu- (3) by adding at the end the following: MILLER, Mr. CRAIG, Ms. ant to subsection (d) in an amount that is ‘‘(b) APPROPRIATION OF FUNDS FOR GRANTS LANDRIEU, Mr. SMITH of Oregon, not less than 25 percent of such costs. TO IMPROVE THE QUALITY OF CHILD CARE.— and Ms. COLLINS): Out of any funds in the Treasury that are ‘‘(B) DETERMINATION OF STATE CONTRIBU- S. 1002. A bill to amend the Internal not otherwise appropriated, there are au- TIONS.—State contributions shall be in cash. Amounts provided by the Federal Govern- Revenue Code of 1986 to modify certain thorized to be appropriated and there are ap- provisions relating to the treatment of propriated, $500,000,000 for fiscal year 2002, ment may not be included in determining and such sums as may be necessary for each the amount of such State contributions. forestry activities; to the Committee subsequent fiscal year, for the purpose of ‘‘(c) ALLOTMENTS TO ELIGIBLE STATES.— on Finance. making grants under section 658H.’’. The amount appropriated under section Ms. SNOWE. Mr. President, I rise (b) USE OF BLOCK GRANT FUNDS.—Section 658B(b) for a fiscal year shall be allotted today to introduce the Reforestation 658E(c)(3) of the Child Care and Development among the eligible States in the same man- Tax Credit Incentives Act of 2001, and I Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) ner as amounts are allotted under section am pleased to be joined by Senators is amended— 658O(b). LINCOLN, MURKOWSKI, BREAUX, HUTCH- (1) in subparagraph (B), by striking ‘‘under ‘‘(d) USE OF FUNDS.— this subchapter’’ and inserting ‘‘from funds ‘‘(1) PRIORITY USE.—An eligible State that INSON, MILLER, CRAIG, LANDRIEU, GOR- appropriated under section 658B(a)’’; and receives a grant under this section shall use DON SMITH, and COLLINS. (2) in subparagraph (D), by inserting the funds received to significantly increase The U.S. forest products industry is ‘‘(other than section 658H)’’ after ‘‘under this the payment rate for the provision of child essential to the health of the U.S. subchapter’’. care assistance in accordance with this sub- economy. It employs approximately 1.5 (c) ESTABLISHMENT OF PROGRAM.—Section chapter up to the 100th percentile of the million people, supports an annual pay- 658G(a) of the Child Care and Development market rate survey described in subsection roll of $40.8 billion, and ranks among (b)(1)(A). Block Grant Act of 1990 (42 U.S.C. 9858e(a)) is the top ten manufacturing employers amended by inserting ‘‘(other than section ‘‘(2) ADDITIONAL USES.—An eligible State 658H)’’ after ‘‘this subchapter’’. that demonstrates to the Secretary that the in 46 States. This includes the State of (d) GRANTS TO IMPROVE THE QUALITY OF State has achieved a payment rate of the Maine where 89.2 percent of the land is CHILD CARE.—The Child Care and Develop- 100th percentile of the market rate survey forested. Without fair tax laws, future

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.075 pfrm03 PsN: S07PT1 S5982 CONGRESSIONAL RECORD — SENATE June 7, 2001 growth in the industry will occur over- increased reforestation by allowing all care centers and home-based providers seas and more and more landowners growers of timber to receive a tax cred- are finding it increasingly difficult to will be forced to sell their land for it. The legislation removes the current recruit and retain staff, to buy the sup- some other higher economic value such dollar limitation of the $10,000 amount plies and equipment that will promote as development. The loss of a healthy of reforestation expenses that are eligi- healthy child development, and even to and strong forest products industry ble for the ten percent tax credit and keep their doors open. will have a long-term negative impact that are allowed to be deducted, and The Shelburne Children’s Center in on both the economy and the environ- decreases from 7 to 5 years the amorti- Vermont closed a couple of years ago ment. zation period over which these ex- because it could not afford to stay The legislation I am introducing penses can be deducted. open. Nearly forty percent of all fam- today partially restores the balance be- Eligible reforestation expenses would ily-based child care and ten percent of tween corporate and private land- be the initial expenses to establish a the center-based care close each year. owners in terms of capital gains tax new stand of trees, such as site prepa- Parents can only pay what they can af- treatment, reducing the capital gains ration, the cost of the seedlings, the ford, and far too often that is barely paid on timber for individuals and cor- labor costs required to plant the seed- enough to keep a child care provider in porations. The bill is also intended to lings and to care for the trees in the business. encourage the reforestation of first few years, as well as the cost of This legislation also creates financ- ing mechanisms to support the renova- timberland, whether it has been har- equipment used in reforestation. tion and construction of child care fa- vested or previously cleared for other The planting of trees should be en- cilities. First, it amends the National uses, such as agriculture. couraged rather than discouraged by Housing Act to provide mortgage in- Trees take a long time to grow, any- our tax system as trees provide a tre- surance on new and rehabilitated child where from 15 years to, more typically mendous benefit to the environment, care facilities. It creates a revolving in Maine, 40 to 50 years. During these preventing soil erosion, cleansing fund to help with the purchase or refi- years, the grower faces huge risks from streams and waterways, providing nancing of existing child care facili- fire, pests, weather and inflation, all of habitat for numerous species, and ab- which are uninsurable. This legislation ties. Second, it provides funds for local, sorbing carbon dioxide from the atmos- helps to mitigate these risks by pro- non-profit community development or- phere, the major greenhouse gas caus- viding a sliding scale reduction in the ganizations to provide technical assist- ing climate change according to the amount of taxable gain based on the ance and small grants to child care majority of renowned international sci- number of years the asset is held. providers to help them improve and ex- The bill would change the way that entists. pand their center- or home-based child capital gains are calculated for timber Tax incentives for planting on pri- care facilities. by taking the amount of the gain and vate lands will also decrease pressure Without some government help, child subtracting three percent for each year to obtain timber from ecologically sen- care providers cannot expand their the timber was held. The reduction sitive public lands, allowing these pub- services to provide care for many fami- would be capped at 50 percent bringing lic lands to be protected. lies seeking affordable, quality care for the effective capital gains tax rate to I ask my colleagues for their support their children. They cannot upgrade 10 percent for non-corporate holdings for private landowners and for the U.S. their equipment or make improve- and 17.5 percent for corporations. forest products industry that is so im- ments to better ensure the safety of Since 1944, the tax code has treated portant to the health of our economy. children in their care. Just as the gov- timber as a capital asset, making it el- ernment provides funds and services to igible for the capital gains tax rate By Mr. JEFFORDS (for himself encourage the building and renovation rather than the ordinary income tax and Mr. DODD): of low-income housing, child care, with rate. This recognized the long-term S. 1003. A bill to ensure the safety of its low-profit potential needs a similar risk and inflationary gain in timber. In children placed in child care centers in helping hand. 1986, the capital gains tax was repealed Federal facilities, and for other pur- The second bill which I am intro- for all taxpayers. The 1997 tax bill re- poses; to the Committee on Govern- ducing today is the Federal Employees instituted the lower capital gains rate mental Affairs. Child Care Act. The Federal Govern- ment is the largest American provider for individuals, but not for businesses. By Mr. JEFFORDS (for himself As a result, individuals face a max- or employer-sponsored, on-site child and Mr. DODD): imum capital gains rate of 20 percent, care. Congress has acted affirmatively S. 1004. A bill to provide for the con- while businesses face a maximum rate with an extensive commitment to on- struction and renovation of child care of 35 percent for the identical asset. site child care for its employees. The As this difference in rates implies, facilities; and for other purposes; to General Services Administration, private timberland owners receive far the Committee on Banking, Housing, (GSA), has developed considerable ex- more favorable capital gains tax treat- and Urban Affairs. pertise in helping agencies start and ment than corporate owners. In addi- Mr. JEFFORDS. Mr. President, there maintain quality child care services for tion, pension funds and other tax-ex- is a great need to improve child care in the children of Federal employees. empt entities are also investing in this country. America lags far behind However, there are some problems timberland, which only further high- all other industrialized nations in car- which we, as an employer, need to ad- lights the disparity that companies ing for and educating our pre-school dress. As you know, federal property is face. aged children. We have the opportunity exempt from state and local laws, regu- Secondly, reforestation expenses are to make improvements, and we need to lations, and oversight. What this currently taxed at a higher rate in the act now. I rise today, to introduce two means for child care centers located on U.S. than in any other major compet- small, but vitally important child care that property is that state and local itor country. The U.S. domestic forest bills: the Child Care Construction and health and safety standards do not and products industry is already struggling Renovation Act and the Federal Em- cannot apply. This might not be a to survive intense competition from ployees Child Care Act. problem if federally-owned or leased the Southern Hemisphere where labor The Child Care Construction and child care centers met enforceable and fiber costs are extremely low, and Renovation Act is as much a small health and safety standards. I think recent investments from wealthier na- business assistance bill as it is a child most parents who place their children tions who have built state of the art care bill. Child care providers are small in federal child care would assume that pulp and papermaking facilities. While business owners. Almost every child this would be the case. However, I there is little Congress can do to care provider that I have talked with think Federal employees will find it change labor and fiber costs, Congress over the past few years wants the op- very surprising to learn, as I did, that, does have the ability to level the play- portunity to expand their services, in- at many centers, no such health and ing field when it comes to taxation. crease their skills, and improve their safety apply. This legislation encourages both in- facilities. But the child care business is I find this very troubling, and I think dividuals and companies to engage in a financially unstable endeavor. Child we sell our Federal employees a bill of

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.079 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5983 goods when federally-owed leased child the very least, the same level of health their needs must be moved to a higher care cannot guarantee that their chil- and safety standards required of other priority on our Nation’s agenda. dren are in safe facilities. The Federal child care centers in the same geo- It is not enough that government re- Government should set the example graphical area. That sounds like com- sponds to youth when they get into when it comes to providing safe child mon sense, but as we all know too well, trouble with drugs, teen pregnancy, care. It should not turn an apathetic common sense is not always reflected and violence. We need to strengthen shoulder from meeting such standards in the law. This bill will make that the positive rather than simply re- simply because state and local regula- clear. spond to the negative. Positive youth tions do not apply to them. Further, this legislation demands development, the framework for the In 1987, Congress passed the ‘‘Trible that Federal child care centers begin Younger American’s Act, is not just amendment’’ which permitted execu- working to meet these standards now. about preventing bad things from hap- tive, legislative, and judicial branch Not next year, not in two years, but pening, but giving a nudge to help good agencies to utilize a portion of feder- now. Under this bill, after six months things happen. And we know that it ally-owned or leased space for the pro- we will look at the Federal child care works. vision of child care services for federal centers again, and if a center is not Evaluations of Big Brothers/Big Sis- employees. The General Services Ad- meeting minimal state and local ters, Boys and Girls Clubs, mentoring, ministration, (GSA), was given the au- health and safety regulations at that and other youth development programs thority to provide guidance, assistance, time, that child care facility will be have consistently demonstrated how and oversight to Federal agencies for closed until it does. I can think of no well these programs work. These pro- the development of child care centers. stronger incentive to get centers to grams lead to significant increases in In the decade since the Trible amend- comply. parental involvement, youth participa- ment was passed, hundreds of Federal The legislation makes it clear that tion in constructive education, social facilities throughout the nation have State and local standards should be a and recreation activities, enrollment established on-site child care centers floor for basic health and safety, and in post-secondary education, and com- which are a tremendous help to our not a ceiling. The role of the Federal munity involvement. Just as impor- employees. Government, and, I like to think, of tant, youth actively participating in The General Services Administration the United States Congress in par- youth development programs show de- has done an excellent job of helping ticular—is to constantly strive to do creased rates of school failure and ab- agencies develop child care centers and better and to lead by example. Federal senteeism, teen pregnancy, delin- have adopted strong standards for facilities should always try to meet the quency, substance abuse, and violent those centers located in GSA leased or highest possible standards. In fact, the behavior. owned space. However, there are over GSA has required national accredita- We also know that risk taking behav- 100 child care centers located in Fed- tion in GSA-owned and leased facili- ior increases with age. One-third of the eral facilities that are not subject to ties, and has stated that almost all of high school juniors and seniors partici- the GSA standards or any other laws, its centers are either in compliance or pate in two or more health risk behav- rules, or regulations to ensure that the are strenuously working to get there. iors. That is why it is important to facilities are safe places for our chil- This is the kind of tough standard we build a youth development infrastruc- dren. Most parents, placing their chil- should strive for in all of our Federal ture that engages youth as they enter dren in a federal child care center, as- child care facilities. pre-adolescence and keeps them en- sume that some standards are in place, Federal child care should mean some- gaged throughout their teen years. The assume that the centers must mini- thing more than simply location on a Younger American’s Act is targeted to mally meet state and local child care Federal facility. The Federal Govern- youth aged 10 to 19. This encompasses licensing rules and regulations. They ment has an obligation to provide safe both the critical middle-school years, assume that the centers are subject to care for its employees, and it has a re- as well as the increasingly risky high independent oversight and monitoring sponsibility for making sure that those school years. to continually ensure the safety of the standards are monitored and enforced. The Younger American’s Act is about premises. Some Federal employees receive this creating a national policy on youth. Up Yet, that is not the case. In a case guarantee. Many do not. We can do bet- until now, government has responded where a Federal employee had strong ter. to kids after they have gotten into reason to suspect the sexual abuse of I urge swift passage of these impor- trouble. We must take a new tack. In- her child by an employee of a child tant child care bills and hope that my stead of just treating problems, we care center located in a Federal facil- colleagues on both sides of the aisle have to promote healthy development. ity, local child protective services and will join me in this effort. We have to remember that just because law enforcement personnel were denied a kid stays out of trouble, it doesn’t access to the premises and were prohib- By Mr. JEFFORDS (for himself, mean that he or she is ready to handle ited from investigating the incident. Mr. STEVENS, Mr. KENNEDY, Mr. the responsibilities of adulthood. Kids Another employee’s child was repeat- CLELAND, and Mr. DODD): want direction, they want close bonds edly injured because the child care pro- S. 1005. A bill to provide assistance to with parents and other adult mentors. viders under contract with a Federal mobilize and support United States And I believe we owe them that. Ideal- agency to provide on-site child care communities in carrying out commu- ly, this comes from strong families, but services failed to ensure that age-ap- nity-based youth development pro- communities and government can help. propriate health and safety measures grams that assure that all youth have In order to keep kids engaged in posi- were taken, current law says they were access to programs and services that tive activities, youth must be viewed not required to do so, even after the build the competencies and character as resources; as active participants in problems were identified and injuries development needed to fully prepare finding solutions to their own prob- had occurred. the youth to become adults and effec- lems. Parents also must be part of It is time to get our own house in tive citizens, and for other purposes; to those solutions. This legislation re- order. We must safeguard and protect the Committee on Health, Education, quires that youth and parents be part the children receiving services in child Labor, and Pensions. of the decision-making process. care centers housed in Federal facili- Mr. JEFFORDS. Mr. President, today The United States does not have a ties. Our employees should not be de- I join with Senators STEVENS, KEN- cohesive federal policy on youth. Cre- nied some assurance that the centers NEDY, CLELAND, and DODD to introduce ating an Office on National Youth Pol- in which they place their children are the Younger American’s Act. We icy within the White House not only accountable for meeting basic health launched this effort at the end of the raises the priority of youth on the Fed- and safety standards. last Congress, with the help of General eral agenda, but provides an oppor- The Federal Employees Child Care Colin Powell. This legislation embraces tunity to more effectively coordinate Act will require all child care services the belief that youth are our Nation’s existing Federal youth programs to in- located in Federal facilities to meet, at most important responsibility and that crease their impact on the lives of

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.080 pfrm03 PsN: S07PT1 S5984 CONGRESSIONAL RECORD — SENATE June 7, 2001 young Americans. The efforts of the Of- ment. It’s time to get the rest of the the effectiveness of youth development fice of National Youth Policy in advo- community involved. It’s time to give programs. Beginning with the Carnegie cating for the needs of youth, and the the same level of support to the thou- Corporation Report in 1992, ‘‘A Matter Department of Health and Human sands of youth development and youth- of Time—Risk and Opportunity in the Services in implementing the Younger serving organizations that struggle to Nonschool Hours,’’ a series of studies American’s Act will be helped by the keep their doors open every day. have shown repeatedly that youth de- Council on National Youth Policy. This I remember a young man, Brad Luck, velopment programs at the community Council, comprised of youth, parents, who testified before the H.E.L.P. Com- level produce powerful and positive re- experts in youth development, and rep- mittee several years ago. As a 14-year- sults. resentatives from the business commu- old, Brad embarked on a two-year mis- In his report this last March, ‘‘Com- nity, will help ensure that this initia- sion to open a teen center in his home munity Counts: How Youth Organiza- tive continually responds to the chang- town of Essex Junction, Vermont. He tions Matter for Youth Development,’’ ing needs of youth and their commu- formed a student board of directors, Milbrey McLaughlin, professor of edu- nities. It will bring a ‘‘real world’’ per- sought 501(c)(3) status and gave over 25 cation at Stanford University, calls for spective to the Federal efforts. community presentations to convince communities to rethink how they de- The Younger American’s Act pro- the town to back the program. Dem- sign and deliver services for youths, vides communities with the funding onstrating the tenacity of youth, he particularly during non-school hours. necessary to adequately ensure that then spear-headed a successful drive to The report confirms that community youth have access to five core re- raise $30,000 in 30 days to fund the involvement is essential in creating sources: ongoing relationships with start-up of the center. Today, the cen- and supporting effective programs that caring adults; safe places with struc- ter is thriving in its town-donated meet the needs of today’s youth. tured activities in which to grow and space. This is an example of the type of Effective community-based youth de- learn; services that promote healthy community asset building supported by velopment programs build on five core lifestyles, including those designed to the Younger American’s Act. resources that all youths need to be improve physical and mental health; The Younger American’s Act is about successful. These same core resources opportunities to acquire marketable an investment in our youth, our com- are the basis for the Younger Ameri- skills and competencies; and opportu- munities, and our future. I want to cans Act. Youths need ongoing rela- nities for community service and civic thank America’s Promise, the United tionships with caring adults, safe participation. Way, and the National Collaboration places with structured activities, ac- Block grant funds will be used to ex- for Youth for their work in providing cess to services that promote healthy pand existing resources, create new the original framework for the legisla- lifestyles, opportunities to acquire ones where none existed before, over- tion. I am proud and excited to be part marketable skills, and opportunities come barriers to accessing those re- of this important initiative. for community service and community sources, and fill gaps to create a cohe- Mr. KENNEDY. Mr. President, I com- participation. sive network for youth. The funds will mend Senator JEFFORDS for his leader- The Younger Americans Act will es- be funneled through States, based on ship on this important legislation and tablish a way for communities to give an allocation formula that equally it is a privilege to join him as a cospon- thought and planning on the issues at weighs population and poverty meas- sor on this legislation. I also commend the local level, and to involve both ures, to communities where the pri- the thirty-four youth organizations youths and parents in the process. The mary decisions regarding the use of the that comprise the National Collabora- Act will provide $5.75 billion over the funds will take place. Thirty percent of tion for Youth and the more than 200 next five years for communities to con- the local funds are set aside to address young people who have worked on this duct youth development programs that the needs of youth who are particularly bill. They have been skillful and tire- recognize the primary role of the fam- vulnerable, such as those who are in less in their efforts to focus on the ily, promote the involvement of youth, out-of-home placements, abused or ne- need for a positive national strategy coordinate services in the community, glected, living in high poverty areas, or for youth. and eliminate barriers which prevent living in rural areas where there are Our goal in introducing the The youth from obtaining the guidance and usually fewer resources. Dividing the Younger Americans Act is to establish support they need to become successful State into regions, or ‘‘planning and a national policy for youth which fo- adults. The Act also creates an Office mobilization areas,’’ ensures that funds cuses on young people, not as prob- on National Youth Policy and a Coun- will be equitably distributed through- lems, but as problem solvers. The cil on National Youth Policy which in- out a State. Empowering community Younger Americans Act is intended to cludes youth and ensures their partici- boards, comprised of youth, parents, create a local and nation-wide collabo- pation in finding solutions to their own and other members of the community, rative movement to provide programs problems. to supervise decisions regarding the that offer greater support for youth in Too often, the focus on youth has use of the block grant funds ensures the years of adolescence. This bill, emphasized their problems, not their that the programs, services, and activi- modeled on the very successful Older successes and their potential. This em- ties supported by the Act will be re- Americans Act of 1965, will help youths phasis has sent a negative message to sponsive to local needs. between the ages of 10 and 19. It will youth that needs to be reversed. We Accountability is integral to any ef- provide assistance to communities for need to deal with negative behaviors, fective Federal program. The Younger youths development programs that as- but we also need a broader strategy American’s Act provides the Depart- sure that all youth have access to the that provides a positive approach to ment of Health and Human Services skills and character development need- youth. The Younger Americans Act with the responsibility and funding to ed to become good citizens. will accomplish this goal in three conduct research and evaluate the ef- In other successful bipartisan meas- ways, by focusing national attention fectiveness of funded initiatives. States ures over the years, such as Head on the strengths and contributions of and the Department are charged with Start, child care, and the 21st century youths, by providing funds to develop monitoring the use of funds by grant- learning communities, we have created positive and cooperative youth devel- ees, and empowered to withhold or re- a support system for parents of pre- opment programs at the state and com- duce funds if problems arise. school and younger school-age chil- munity levels, and by promoting the The Younger American’s Act will dren. These programs reduce the risk involvement of parents and youths in help kids gain the skills and experience that children will grow up to become developing positive programs that they need to successfully navigate the juvenile delinquents by giving them a strengthen families. rough waters of adolescence. My twen- healthy and safe start. It’s time to do The time of adolescence is a complex ty-first century community learning the same thing for adolescents. transitional period of growth and centers initiative supports the efforts Americans overwhelmingly believe change. We know what works. The of schools to operate after school pro- that government should invest in ini- challenge we face is to provide the re- grams that emphasize academic enrich- tiatives like this. Many studies detail sources to implement positive and

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.087 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5985 practical programs effectively without tems,’’ as Douglas Nelson, president of S. CON. RES. 47 creating duplicate programs. It is im- the Annie E. Casey Foundation which Whereas the United States has been ac- portant that we tie together all pub- publishes the KIDS COUNT report, tively engaged as a member of the Inter- licly funded existing youth develop- points out. The Younger Americans national Olympic Committee (in this resolu- ment programs and build on their suc- Act will help this nation meet these tion referred to as the ‘‘IOC’’), which was cess. This bill complements other ex- formed in 1894 to implement the goals of new demands by providing a framework modern Olympism; isting programs, like the Work Force which fosters the positive development Whereas the Olympic Charter for the IOC Investment Program, in helping young of all our nation’s youth. This is a contains fundamental principles of modern people become productive members of strategy in marked contrast to pre- Olympism, including— society. Investing in youth in ways vious government policies which re- (1) ‘‘Olympism is a philosophy of life, ex- like that will pay enormous dividends spond to youngsters only after they alting and combining in a balanced whole for communities and our country. I have gotten into trouble. It is a signifi- the qualities of body, will and mind. Blend- urge all Members of Congress to join in ing sport with culture and education, cant fact that more than 200 young Olympism seeks to create a way of life based supporting this important legislation. people took part in drafting the origi- on the joy found in effort, the educational Mr. CLELAND. Mr. President, I am nal legislation. As some of my col- value of good example and respect for uni- very pleased to once again join Senator leagues have pointed out, these young- versal fundamental ethical principles’’; JEFFORDS as a cosponsor of the Young- sters were telling us that it is time to (2) ‘‘The goal of Olympism is to place ev- er Americans Act. The Senator from redirect our focus on what is right with erywhere sport at the service of the harmo- Vermont has done yeoman’s work on our young people, not what is wrong. nious development of man, with a view to en- this legislation, which seeks to offer The Younger Americans Act will sup- couraging the establishment of a peaceful so- the same kind of comprehensive and ciety concerned with the preservation of port community-based efforts that pro- human dignity.’’; coordinated support to America’s vide young people access to five core (3) ‘‘The goal of the Olympic Movement is young people that the landmark 1965 resources: ongoing relationships with to contribute to building a peaceful and bet- Older Americans Act provides to our caring adults; safe places with struc- ter world by educating youth through sport nation’s seniors. By creating an Office tured activities; services that promote practised without discrimination of any kind of National Youth Policy in the White healthy lifestyles; opportunities to ac- and in the Olympic spirit, which requires House, by authorizing over $5 billion quire marketable skills; and opportuni- mutual understanding with a spirit of friend- over the next five years to help local ship, solidarity and fair play’’; and ties for community service and civic (4) ‘‘The activity of the Olympic movement community organizations provide participation. Such a positive support . . . reaches its peak with the bringing to- needed services and supports to their system ideally comes from strong fam- gether of athletes of the world at the great youth, the Younger Americans Act ilies, but communities and government sports festival, the Olympic Games’’; forges a national youth policy which can play a part. The successful Head Whereas the IOC has adopted a Code of prioritizes the needs of our young peo- Start and 21st Century Community Ethics that recognizes the dignity of the in- ple and helps to provide them with the Leaning Centers programs have pro- dividual as one of its primary guarantees; critical resources they need to achieve Whereas to safeguard the dignity of par- vided support systems for parents of ticipants, the IOC’s rules require non- their full potential and become con- America’s younger children. The discrimination on ‘‘the basis of race, sex eth- tributing members of their commu- Younger Americans Act will provide nic origin, religion, philosophical or political nities. support structure for our adolescents opinion, marital status or other grounds’’; The recently released 2001 KIDS during the vulnerable years between Whereas the IOC’s Code of Ethics specifi- COUNT Data Book, a State-by-State ages 10 and 19. It stresses the pivotal cally prohibits any ‘‘practice constituting report on the conditions facing Amer- role of the family and emphasizes the any form of physical or mental injury’’ and ‘‘all forms of harassment against partici- ica’s children, found that the well- critical importance of parental in- being of our youth improved over the pants, be it physical, mental, professional or volvement. sexual’’; past decade on seven of ten key KIDS James Agee once said: ‘‘As in every Whereas an integral part of the IOC’s COUNT measures. The national rate of child who is born, under no matter Olympic Charter, Code of Ethics, and rules teen deaths by accident, homicide and what circumstances and of no matter requires the following of strict guidelines in suicide fell by a substantial 24 percent. what parents, the potentiality of the selecting a host city for an Olympic Games; The number of teens ages 16–19 who human race is born again.’’ The Young- Whereas included in the IOC’s rules are dropped out of high school declined er Americans Act recognizes and af- comprehensive and precise selection criteria and methods by which to assess a candidate’s from 10 percent in 1990 to 9 percent in firms that an investment in our chil- 1998. And there has been a steady de- application; dren is an investment in America’s fu- Whereas the IOC’s Evaluations Commis- cline in the rate of teenage births, ture. sion evaluates and compares, among the can- which fell by a significant 19 percent f didates, 11 different areas of site analysis, in- between 1990 and 1998. cluding government support and public opin- On the other hand, the 2001 KIDS STATEMENTS ON SUBMITTED ion, critical infrastructure availability, fi- COUNT Data Book also reports that RESOLUTIONS nance, security, and experience; more than 16 million children have par- Whereas the IOC has made environmental ents who, despite being employed full conservation the third pillar of Olympism, time, struggle from paycheck to pay- SENATE CONCURRENT RESOLU- with the other pillars being sport and cul- TION 47—RECOGNIZING THE ture; check. In addition, the report finds Whereas the IOC requires host cities to that the number of single parent INTERNATIONAL OLYMPIC COM- MITTEE FOR ITS WORK TO conduct an environmental impact statement, households in this country is on the consult with environmental organizations, rise. In 1998, 27 percent of families with BRING ABOUT UNDERSTANDING and implement an environmental action plan children were headed by a single par- OF INDIVIDUALS AND DIF- for the Olympic Games; ent, up from 24 percent in 1990—and FERENT CULTURES, FOR ITS Whereas a primary goal of the IOC is world every State but three experienced an FOCUS ON PROTECTING THE peace and understanding, and, in pursuit of CIVIL RIGHTS OF ITS PARTICI- the goal, the IOC strives to maintain a sepa- increase. ration of sports from international politics; According to the 2000 Census, there PANTS, FOR ITS RULES OF IN- TOLERANCE AGAINST DISCRIMI- Whereas the IOC’s Olympic Charter, Code was a 14 percent increase in the num- of Ethics, and rules consistently address the ber of children in America in the last NATORY ACTS, AND FOR ITS IOC’s quest to separate politics and sports; decade—the largest increase in the GOAL OF PROMOTING WORLD Whereas Rule 9 of the IOC’s Olympic Char- number of children living in this coun- PEACE THROUGH SPORTS ter states that ‘‘the Olympic Games are com- try since the decade of the 1950s. This Mrs. MURRAY (for herself, Mr. STE- petitions between athletes in individual or team events and not between countries’’; significant increase in the under-18 VENS, Mrs. FEINSTEIN, and Mr. BREAUX) Whereas new members of the IOC take an population will undoubtedly mean new submitted the following concurrent oath upon membership that avers in part ‘‘to challenges and new demands on ‘‘our resolution; which was referred to the comply with the Code of Ethics, to keep my- already struggling public education, Committee on Commerce, Science, and self free from any political or commercial in- child care, and family support sys- Transportation: fluence’’;

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.088 pfrm03 PsN: S07PT1 S5986 CONGRESSIONAL RECORD — SENATE June 7, 2001 Whereas the IOC’s Code of Ethics states was not there. But, like most of my the Olympics. We only need to look that ‘‘the Olympic parties shall neither give constituents, I followed Megan at the back a short 20 years to see the painful nor accept instructions to vote or intervene Olympics, and I cheered as she set a and costly results of politicizing the in a given manner with the organs of the new American record in one of her IOC’’; Olympics. Whereas the IOC is involved in humani- events. In 1980, a generation of young Olym- tarian affairs through its involvement with And like all Americans, I was so pians did not get to participate in the the United Nations High Commissioner for proud of her as she stood on the medal Moscow Games due to the U.S. boycott. Refugees, the United Nations Development stand—awestruck in her achievement— More than 5,000 athletes—including Programme, International Labour Organiza- as the national anthem of our country more than 1,000 Americans—did not get tion, and the International Committee of the played in the background. to participate in the 1980 Moscow Sum- Red Cross; and Mr. President, I don’t think any of us mer Olympic Games. Whereas following the issuance of the Re- ever tire of seeing an American athlete Approximately 25 athletes from port of the Special Bid Oversight Commis- sion, the ‘‘Mitchell Commission’’, both the being recognized as an Olympic cham- Washington state were barred from the United States Olympic Committee and the pion. 1980 Moscow Summer Games. IOC ratified a number of reforms regarding We can’t help but be moved when we We have received strong support from the selection of Olympic Games host cities: see one of our own standing there— this group of very special athletes, and Now, therefore, be it often with tears in their eyes—and the I want to mention a few today. Resolved by the Senate (the House of Rep- American flag on display for the whole I particularly want to thank Caroline resentatives concurring), That Congress— world to see. Holmes. Caroline was a 1968 Olympic (1) recognizes the IOC for the The Olympic Games can be an enor- Gymnast. She is now the Chapter Committee’s— mously patriotic experience for the (A) work to bring about understanding of President of the Washington State individuals and different cultures; athletes and all of us who watch the Olympic Alumni Association. She is a (B) focus on protecting the civil rights of competitions. But the Olympics aren’t champion for Olympic athletes, and I its participants; just about patriotism. They are also very much appreciate her assistance. (C) rules of intolerance against discrimina- about bringing different people to- Jan Harville was a 1980 Olympian. tory acts; and gether to share in competition. She was on the rowing team. Today, (D) goal of promoting world peace through Many Americans know the story of she’s the women’s crew coach at the sports; the Lithuanian basketball team which University of Washington. She’s still (2) encourages members of the IOC from was embraced by the world following the United States to abide by all rules of the very active with her fellow 1980 Olym- IOC when considering and voting for host the collapse of the Soviet Union. pians. cities for future Olympic Games; And, of course, the Jamaican bobsled Paul Enquist from Seattle was also a (3) recognizes that any government action team is famous for its efforts to com- rower on the 1980 team. Paul was able designating a preference or displeasure with pete in the Winter Games. to compete and win a gold medal in the any Olympic Games candidate host city is Time and again, we have seen Olym- 1984 Los Angeles Games. inconsistent with the IOC’s Olympic Charter, pic athletes support each other in com- Matt Dryke was a skeet shooter on Code of Ethics, and rules; and petition. They give their support free- the 1980 team. Matt also went on to (4) endorses the concept of the Olympic ly, without consideration for nation- compete in later Olympic Games. In Games being a competition between athletes ality, religion, politics, or sex. 1984, he won a Gold Medal. in individual or team events and not between That devotion to sport is at the heart countries. Wendy Boglioli and Camille Wright of the Olympic Movement worldwide were two swimmers on the 1980 team. Mrs. MURRAY. Mr. President, I come and that celebration of sport is one to the floor today to submit a resolu- Wendy ended her Olympic career when reason why more than a thousand of the U.S. boycotted Moscow. tion in support of the Olympic Games, my constituents came out to celebrate and in particular, in support of Olym- Here’s what Wendy had to say when Megan Quann’s achievements at the asked about once again mixing politics pic athletes. Sydney Olympic Games. The United States has a proud Olym- with the Olympic Games: I have come to the floor to introduce It would be wrong for the Congress to pic Games history. Thousands of Amer- a resolution which will hopefully en- icans have represented our country at interfere in the Olympic site selection proc- sure that another athlete like Megan the Summer and Winter Games. ess. I was there in 1980. Numerous U.S. cities have hosted the can dedicate her life to the Olympic I was one of 50 athletes invited to meet at the White House with President Carter re- Games. And cities all across our coun- dream without the fear of seeing that dream die at the hands of political in- garding the Moscow Olympics. try hope to host the Olympic Games in I am still upset that athletes had no voice the future just as Salt Lake City will terference from the U.S. or elsewhere. In working on this issue, I have in the 1980 decision. Mixing politics with the host the Winter Games next year. Olympics will only hurt future athletes. reached out to Olympians. I am proud Let me share with my colleagues the The 1980 Olympic Boycott was dif- story of one Olympian from my home that in my own State, there are more than 180 Olympians, including 46 who ficult for this country. Athletes sued state. Her name is Megan Quann. the United States Olympic Commu- Late last year, following the Sydney competed at the Sydney Summer nity. Summer Games, more than 1,000 people Games. The Government threatened the U.S. crowded the streets of Puyallup, Wash- Nationwide, there are some 8,000 liv- Olympic Committee, and the President ington to see and to celebrate Megan ing Olympians, I appreciate the will- pressured other world leaders to join Quann. ingness of Washington’s Olympians to At the time, Megan was a 16-year-old review this resolution and to share the U.S. led boycott. junior at Emerald Ridge High School. their input. Lost in the political squabble were She had just returned from Australia And I appreciate the many other U.S. athletes and for some, a lifetime where she shocked the world by win- Olympians who have shared their views of commitment and preparation. ning two Olympic Gold Medals in the on the issues now before the United The Soviets, as we know, boycotted swimming competition. States Congress. the 1984 Los Angeles Games. And again, Megan’s hometown was ecstatic. Oc- It is abundantly clear to me that the athletes were the victims. Consider tober 29 was officially declared ‘‘Megan U.S. Olympians do not want the Con- this fact: In the 1980 Moscow Games, Quann’’ day in Puyallup. She was hon- gress to mix politics with sport. the East German team won the wom- ored through town in a parade that was Most Olympians do not want the en’s 4 by 100 relay race with a time of led by local Cub Scouts, Brownies, and Congress to introduce or consider any 41.60 seconds. swimmers from a local club. legislation regarding the Olympic At the 1984 Los Angeles Games, the On that day, Megan’s community Games. US team won the same relay race with erupted in pride in the accomplish- I agree with them. I too wish the a time of 41.65 seconds. The U.S. and ments of a young athlete, a neighbor Congress would not inject itself into East German teams were within five and a classmate. the Olympic Movement. one-hundredths of a second. It was a great day for Puyallup and Unfortunately, U.S. politicians have Knowing all of this, I wish these two for Washington state. Unfortunately, I once again decided to mix politics with great Olympic champion relay teams

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.076 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5987 could have competed against one an- ahead. And I invite all Senators to join cumstances, and for other purposes; as other in Olympic competition. It is a me in seeking to reject political inter- follows: sad part of our history that politicians ference in the Olympic Movement. On page 9, lines 14 and 15, strike ‘‘, in the kept this great race from happening in I yield the floor. ordinary course of their operations,’’ and in- the Olympics. f sert ‘‘reasonably’’. With the benefit of history, we know that the Olympic boycotts were futile AMENDMENTS SUBMITTED AND SA 794. Mr. REID (for Mr. HATCH (for and ineffective attempts to settle cold PROPOSED himself and Mr. LEAHY)) proposed an war disputes. SA 792. Mr. WARNER (for himself, Mr. amendment to the bill S. 487, to amend I believe we should do absolutely all SMITH of Oregon, and Mr. ALLARD) submitted chapter 1 of title 17, United States that we can to ensure this never hap- an amendment intended to be proposed by Code, relating to the exemption of cer- pens again. him to the bill S. 1, to extend programs and tain performances or displays for edu- No one can foretell the future and activities under the Elementary and Sec- cational uses from copyright infringe- what actions might be called for to ondary Education Act of 1965; which was or- ment provisions, to provide that the protect our country’s national interest, dered to lie on the table. SA 793. Mr. REID (for Mr. HATCH (for him- making of copies or phonorecords of but we should never again lose sight of self and Mr. LEAHY)) proposed an amendment such performances or displays is not an the interests of our athletes. to the bill S. 487, to amend chapter 1 of title infringement under certain cir- Unfortunately, Members of Congress 17, United States Code, relating to the ex- cumstances, and for other purposes; as are politicizing the Olympic Games. emption of certain performances or displays follows: My resolution has one primary objec- for educational uses from copyright infringe- Amend the title so as to read: ‘‘A bill to tive—to separate politics from sport ment provisions, to provide that the making amend chapter 1 of title 17, United States and particularly from the Olympic of copies or phonorecords of such perform- Code, relating to the exemption of certain Games. Simply put, I believe politics ances or displays is not an infringement performances or displays for educational under certain circumstances, and for other has no place in the dreams of future uses from copyright infringement provisions, purposes. to provide that the making of copies or Olympians. SA 794. Mr. REID (for Mr. HATCH (for him- I want to thank Senator TED STE- phonorecords of such performances or dis- self and Mr. LEAHY)) proposed an amendment plays is not an infringement under certain VENS for joining me in this effort. Sen- to the bill S. 487, supra. circumstances, and for other purposes.’’. ator STEVENS has a long history of in- f volvement with the Olympic Move- f TEXT OF AMENDMENTS ment. NOTICE OF HEARING I am not aware of another elected of- SA 792. Mr. WARNER (for himself, ficial in this country who has done Mr. SMITH of Oregon and Mr. ALLARD) COMMITTEE ON ENERGY AND NATURAL more for U.S. athletes than Senator submitted an amendment intended to RESOURCES STEVENS. And I thank the Senator for be proposed by him to the bill S. 1, to Mr. BINGAMAN. Mr. President, I once again standing up for the inter- extend programs and activities under would like to announce for the infor- ests of U.S. athletes. the Elementary and Secondary Edu- mation of the Senate and the public The Murray/Stevens resolution on cation Act of 1965, which was ordered that a hearing has been scheduled be- the Olympics has a number of key pro- to lie on the table, as follows: fore the Committee on Energy and Nat- visions and clauses. However, I want to At the end, add the following: ural Resources. The hearing will take place on Thurs- focus on three sections which represent SEC. ll. RECIPIENTS OF FEDERAL PELL the real intent of our bill. GRANTS WHO ARE PURSUING PRO- day, June 14, 2001, at 9:30 a.m., in room First, our resolution encourages GRAMS OF STUDY IN MATHEMATICS SD–106 of the Dirksen Senate Office members of the International Olympic OR SCIENCE (INCLUDING COM- Building in Washington, DC. PUTER SCIENCE OR ENGINEERING). The purpose of the hearing is to re- Committee to abide by all rules of the Section 401(b)(2) of the Higher Education IOC when considering and voting for Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended ceive testimony on potential problems host cities for future Olympic Games. by adding at the end the following: in the gasoline markets this summer. Members of the IOC take an oath ‘‘(C)(i) Notwithstanding subparagraph (A) Those wishing to submit written which requires individual members to and subject to clause (ii), in the case of a statements should address them to the keep free from political influence. student who is eligible under this part and Committee on Energy and Natural Re- Our resolution calls upon the four who is pursuing a degree with a major or sources, U.S. Senate, Washington, DC members of the International Olympic minor in, or a certificate or program of 20510–6150. Committee from the United States to study relating to, mathematics or science For further information, please con- reject all political influences on their (including computer science or engineering), the amount of the Federal Pell Grant shall tact Shirley Neff at (202) 224–4103. work as members of the IOC, including be 150 percent of the amount specified in f their votes on host cities for future clauses (i) through (v) of subparagraph (A), Olympic Games. for the academic year involved, less an AUTHORITY FOR COMMITTEES TO Second, our resolution recognizes amount equal to the amount determined to MEET be the expected family contribution with re- that any government action desig- SUBCOMMITTEE ON SEAPOWER nating a preference or displeasure with spect to that student for that year. Mr. KENNEDY. Mr. President, I ask any Olympic Games host city is incon- ‘‘(ii) No student who received a Federal unanimous consent that the Sub- sistent with the IOC’s Charter, Code of Pell Grant for academic year 2000-2001 prior to the date of enactment of the Better Edu- committee on Seapower of the Com- Ethics and rules. cation for Students and Teachers Act shall Essentially, this provision says the mittee on Armed Services be author- receive a subsequent Federal Pell Grant in ized to meet during the session of the IOC should not acknowledge or con- an amount that is less than the amount of sider any political interference in the Senate on Thursday, June 7, 2001, at the student’s Federal Pell Grant for aca- 2:00 p.m., in open session to receive tes- host city selection process for future demic year 2000-2001, due to the requirements timony regarding Navy and Marine Olympic Games. of clause (i).’’. And finally, our resolution says the Corps equipment for 21st century oper- Olympic Games are about the athletes, SA 793. Mr. REID (for Mr. HATCH (for ational requirements, in review of the that we do endorse the concept that himself and Mr. LEAHY)) proposed an defense authorization request for fiscal the Olympic Games are a competition amendment to the bill S. 487, to amend year 2002 and the Future Years Defense between athletes in individual and chapter 1 of title 17, United States Program. team events and not between coun- Code, relating to the exemption of cer- The PRESIDING Officer. Without ob- tries. tain performances or displays for edu- jection, it is so ordered. We believe the Olympic Games are cational uses from copyright infringe- f best left to the athletes. It is that sim- ment provisions, to provide that the ple. making of copies or phonorecords of APPOINTMENTS I encourage my colleagues to con- such performances or displays is not an The PRESIDING OFFICER. The sider this issue carefully in the days infringement under certain cir- Chair, on behalf of the President pro

VerDate 11-MAY-2000 03:42 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.094 pfrm03 PsN: S07PT1 S5988 CONGRESSIONAL RECORD — SENATE June 7, 2001 tempore, upon the recommendation of dents, and relevant staff members that accu- form, embodying the performance or display to the majority leader, pursuant to Public rately describe, and promote compliance with, be used for making transmissions authorized Law 105–292, as amended by Public Law the laws of the United States relating to copy- under section 110(2), if— ‘‘(A) such copies or phonorecords are retained 106–55, appoints the following individ- right, and provides notice to students that mate- rials used in connection with the course may be and used solely by the body or institution that uals to the United States Commission subject to copyright protection; and made them, and no further copies or on International Religious Freedom: ‘‘(ii) in the case of digital transmissions— phonorecords are reproduced from them, except Dr. Firuz Kazemzadeh of California, ‘‘(I) applies technological measures that, in as authorized under section 110(2); and vice John Bolton; and Charles Richard the ordinary course of their operations, ‘‘(B) such copies or phonorecords are used Stith of Massachusetts, vice Theodore prevent— solely for transmissions authorized under sec- Cardinal McCarrick. ‘‘(aa) retention of the work in accessible form tion 110(2). by recipients of the transmission from the trans- ‘‘(2) This subsection does not authorize the f mitting body or institution for longer than the conversion of print or other analog versions of TECHNOLOGY, EDUCATION AND class session; and works into digital formats, except that such con- ‘‘(bb) unauthorized further dissemination of version is permitted hereunder, only with re- COPYRIGHT HARMONIZATION the work in accessible form by such recipients to spect to the amount of such works authorized to ACT OF 2001 others; and be performed or displayed under section 110(2), Mr. REID. Madam President, I ask ‘‘(II) does not engage in conduct that could if— unanimous consent that the Senate reasonably be expected to interfere with techno- ‘‘(A) no digital version of the work is avail- logical measures used by copyright owners to able to the institution; or now proceed to the consideration of prevent such retention or unauthorized further ‘‘(B) the digital version of the work that is Calendar No. 66, S. 487. dissemination;’’; and available to the institution is subject to techno- The PRESIDING OFFICER. The (2) by adding at the end the following: logical protection measures that prevent its use clerk will report the bill by title. ‘‘In paragraph (2), the term ‘mediated instruc- for section 110(2).’’. The legislative clerk read as follows: tional activities’ with respect to the performance (2) TECHNICAL AND CONFORMING AMEND- or display of a work by digital transmission A bill (S. 487) to amend chapter 1 of title MENT.—Section 802(c) of title 17, United States under this section refers to activities that use 17, United States Code, relating to the ex- Code, is amended in the third sentence by strik- such work as an integral part of the class expe- emption of certain performances or displays ing ‘‘section 112(f)’’ and inserting ‘‘section rience, controlled by or under the actual super- for educational uses from copyright infringe- 112(g)’’. vision of the instructor and analogous to the ment provisions, to provide that the making (d) PATENT AND TRADEMARK OFFICE RE- type of performance or display that would take of a single copy of such performances or dis- PORT.— place in a live classroom setting. The term does plays is not an infringement, and for other (1) IN GENERAL.—Not later than 180 days after not refer to activities that use, in 1 or more class purposes. the date of enactment of this Act and after a pe- sessions of a single course, such works as text- riod for public comment, the Undersecretary of There being no objection, the Senate books, course packs, or other material in any Commerce for Intellectual Property, after con- proceeded to consider the bill, which media, copies or phonorecords of which are typi- sultation with the Register of Copyrights, shall has been reported from the Committee cally purchased or acquired by the students in submit to the Committees on the Judiciary of the on the Judiciary with an amendment higher education for their independent use and Senate and the House of Representatives a re- to strike all after the enacting clause retention or are typically purchased or acquired port describing technological protection systems and insert the part printed in italic. for elementary and secondary students for their that have been implemented, are available for possession and independent use. implementation, or are proposed to be developed SECTION 1. EDUCATIONAL USE COPYRIGHT EX- ‘‘For purposes of paragraph (2), to protect digitized copyrighted works and pre- EMPTION. accreditation— vent infringement, including upgradeable and (a) SHORT TITLE.—This Act may be cited as ‘‘(A) with respect to an institution providing self-repairing systems, and systems that have the ‘‘Technology, Education, and Copyright post-secondary education, shall be as deter- been developed, are being developed, or are pro- Harmonization Act of 2001’’. mined by a regional or national accrediting posed to be developed in private voluntary in- (b) EXEMPTION OF CERTAIN PERFORMANCES agency recognized by the Council on Higher dustry-led entities through an open broad based AND DISPLAYS FOR EDUCATIONAL USES.—Section Education Accreditation or the United States consensus process. The report submitted to the 110 of title 17, United States Code, is amended— Department of Education; and Committees shall not include any recommenda- (1) by striking paragraph (2) and inserting the ‘‘(B) with respect to an institution providing tions, comparisons, or comparative assessments following: elementary or secondary education, shall be as of any commercially available products that ‘‘(2) except with respect to a work produced or recognized by the applicable state certification may be mentioned in the report. marketed primarily for performance or display or licensing procedures. (2) LIMITATIONS.—The report under this as part of mediated instructional activities ‘‘For purposes of paragraph (2), no govern- subsection— transmitted via digital networks, or a perform- mental body or accredited nonprofit educational (A) is intended solely to provide information ance or display that is given by means of a copy institution shall be liable for infringement by to Congress; and or phonorecord that is not lawfully made and reason of the transient or temporary storage of (B) shall not be construed to affect in any acquired under this title, and the transmitting material carried out through the automatic way, either directly or by implication, any pro- government body or accredited nonprofit edu- technical process of a digital transmission of the vision of title 17, United States Code, including cational institution knew or had reason to be- performance or display of that material as au- the requirements of clause (ii) of section lieve was not lawfully made and acquired, the thorized under paragraph (2). No such material 110(2)(D) of that title (as added by this Act), or performance of a nondramatic literary or musi- stored on the system or network controlled or the interpretation or application of such provi- cal work or reasonable and limited portions of operated by the transmitting body or institution sions, including evaluation of the compliance any other work, or display of a work in an under this paragraph shall be maintained on with that clause by any governmental body or amount comparable to that which is typically such system or network in a manner ordinarily nonprofit educational institution. displayed in the course of a live classroom ses- accessible to anyone other than anticipated re- Mr. LEAHY. Madam President. I am sion, by or in the course of a transmission, if— cipients. No such copy shall be maintained on ‘‘(A) the performance or display is made by, at the system or network in a manner ordinarily pleased that the Senate is considering the direction of, or under the actual supervision accessible to such anticipated recipients for a the TEACH Act, S. 487, today. This leg- of an instructor as an integral part of a class longer period than is reasonably necessary to islation will help clarify the law and session offered as a regular part of the system- facilitate the transmissions for which it was allow educators to use the same rich atic mediated instructional activities of a gov- made.’’. material in distance learning over the ernmental body or an accredited nonprofit edu- (c) EPHEMERAL RECORDINGS.— Internet that they are able to use in cational institution; (1) IN GENERAL.—Section 112 of title 17, United face-to-face classroom instruction. The ‘‘(B) the performance or display is directly re- States Code, is amended— lated and of material assistance to the teaching (A) by redesignating subsection (f) as sub- Senate has been focused on education content of the transmission; section (g); and reform for the past two months. The ‘‘(C) the transmission is made solely for, and, (B) by inserting after subsection (e) the fol- legislation we report today reflects our to the extent technologically feasible, the recep- lowing: understanding that we must be able to tion of such transmission is limited to— ‘‘(f)(1) Notwithstanding the provisions of sec- use new technologies to advance our ‘‘(i) students officially enrolled in the course tion 106, and without limiting the application of education goals in a manner that rec- for which the transmission is made; or subsection (b), it is not an infringement of copy- ognizes and protects copyrighted ‘‘(ii) officers or employees of governmental right for a governmental body or other nonprofit works. bodies as a part of their official duties or em- educational institution entitled under section ployment; and 110(2) to transmit a performance or display to The genesis of this bill was in the ‘‘(D) the transmitting body or institution— make copies or phonorecords of a work that is in Digital Millennium Copyright Act ‘‘(i) institutes policies regarding copyright, digital form and, solely to the extent permitted (DMCA), where we asked the Copyright provides informational materials to faculty, stu- in paragraph (2), of a work that is in analog Office to study the complex copyright

VerDate 11-MAY-2000 02:53 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.090 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5989 issues involved in distance education offer courses that their students might working professionals with classes that and to make recommendations to us otherwise not be able enjoy. It is there- meet not only in person but also on- for any legislative changes. The Copy- fore no surprise that in Vermont, and line. right Office released its report in May, many other rural states, distance The Internet, with its interactive, 1999, and made valuable suggestions on learning is a critical component of any multi-media capabilities, has been a how modest changes in our copyright quality educational and economic de- significant development for distance law could go a long way to foster the velopment system. The most recent learning. By contrast to the tradi- appropriate use of copyrighted works Vermont Telecommunications Plan, tional, passive approach of distance in valid distance learning activities. which was published in 1999, identifies learning where a student located re- Senator HATCH and I then introduced distance learning as being critical to motely from a classroom was able to the TEACH Act, S. 487, relying heavily Vermont’s development. It also rec- watch a lecture being broadcast at a on the legislative recommendations of ommends that Vermont consider fixed time over the air, distance learn- that report. ‘‘using its purchasing power to accel- ers today can participate in real-time Marybeth Peters, the Registrar of erate the introduction of new [distance class discussions, or in simultaneous Copyrights, and her staff deserve our learning] services in Vermont.’’ Tech- multimedia projects. The Copyright Of- heartfelt thanks for that comprehen- nology has empowered individuals in fice report confirmed what I have as- sive study and their work on this legis- the most remote communities to have sumed for some time—that ‘‘the com- lation. access to the knowledge and skills nec- puter is the most versatile of distance At the March 13, 2001, hearing on this essary to improve their education and education instruments,’’ not just in legislation, we heard from people who ensure they are competitive for jobs in terms of flexible schedules, but also in both supported the legislation and had the 21st Century. terms of the material available. concerns about it. I appreciate that Several years ago, I was proud to More than 20 years ago, the Congress some copyright owners disagreed with work with the state in establishing the recognized the potential of broadcast the Copyright Office’s conclusions and Vermont Interactive Television net- and cable technology to supplement believed instead that current copyright work. This constant two-way video- classroom teaching, and to bring the laws are adequate to enable and foster conferencing system can reach commu- classroom to those who, because of legitimate distance learning activities. nities, schools and businesses in every their disabilities or other special cir- We have made efforts in refining the corner of the state. Since we first suc- cumstances, are unable to attend class- original legislation to address the valid cessfully secured funds to build the es. We included in the present Copy- concerns of both the copyright owners backbone of the system, Vermont has right Act certain exemptions for dis- and the educational community. This constructed fourteen sites. The VIT tance learning, in addition to the gen- has not been an easy process and I system is currently running at full ca- eral fair use exemption. The time has want to extend my thanks to all of pacity and has demonstrated that in come to do more. The recent report of those who worked hard and with us to Vermont, technology highways are just the Web-Based Education Commission, craft the legislation reported by the as important as our transportation headed by former Senator Bob Kerrey, Judiciary Committee and considered highways. says: No one single technology should be by the Senate today. Current copyright law governing distance The growth of distance learning is the platform for distance learning. In education . . . was based on broadcast mod- exploding, largely because it is respon- Vermont, creative uses of available re- els of telecourses for distance education. sive to the needs of older, non-tradi- sources have put in place a distance That law was not established with the vir- tional students. The Copyright Office, learning system that employs T–1 lines tual classroom in mind, nor does it resolve ‘‘CO,’’ report noted two years ago that, in some areas and traditional internet emerging issues of multimedia online, or by 2002, the number of students taking modem hook-ups in others. Several provide a framework for permitting digital distance education courses will rep- years ago, the Grand Isle Supervisory transmissions. resent 15 percent of all higher edu- Union received a grant from the U.S. The Kerrey report concluded that our cation students. Moreover, the typical Department of Agriculture to link all copyright laws were ‘‘inappropriately average distance learning student is 34 the schools within the district with restrictive.’’ (p. 97). years old, employed full-time and has fiber optic cable. There are not a lot of Under current law, the performance previous college credit. More than half students in this Supervisory Union but or display of any work in the course of are women. In increasing numbers, stu- there is a lot of land separating one face-to-face instruction in a classroom dents in other countries are benefitting school from another. The bandwidth is exempt from the exclusive rights of from educational opportunities here created by the fiber optic cables has a copyright owner. In addition, the through U.S. distance education pro- not only improved the educational op- copyright law allows transmissions of grams. (CO Report, at pp. 19–20). portunities in the four Grand Isle certain performances or displays of In high schools, distance education towns, but it has also provided a vital copyrighted works but restricts such makes advanced college placement and economic boost to the area’s busi- transmissions subject to the exemption college equivalency courses available— nesses. to those sent to a classroom or a simi- a great opportunity for residents in our While there are wonderful examples lar place which is normally devoted to more-rural states. In colleges, distance of the use of distance learning inside instruction, to persons whose disabil- education makes lifelong learning a Vermont, the opportunities provided ities or other special circumstances practical reality. by these technologies are not limited prevent classroom attendance, or to Not only does distance education to the borders of one state, or even one government employees. While this ex- make it more convenient for many stu- country. Champlain College, a small emption is technology neutral and does dents to pursue an education, for stu- school in Burlington, Vermont has not limit exempt ‘‘transmissions’’ to dents who have full- time work com- shown this is true when it adopted a distance learning broadcasts, the ex- mitments, who live in rural areas or in strategic plan to provide distance emption does not authorize the repro- foreign countries, who have difficulty learning for students throughout the duction or distribution of copyrighted obtaining child or elder care, or who world.. Under the leadership of Presi- works a limitation that has enormous have physical disabilities, distance dent Roger Perry, Champlain College implications for transmissions over education may be the only means for now has more students enrolled than computer networks. Digital trans- them to pursue an education. These are any other college in Vermont. The missions over computer networks in- the people with busy schedules who campus in Vermont has not been over- volve multiple acts of reproduction as need the flexibility that on-line pro- whelmed with the increase. Instead, a data packet is moved from one com- grams offer: virtual classrooms acces- Champlain now teaches a large number puter to another. sible when the student is ready to log- of students overseas through its on-line The TEACH Act makes three signifi- on. curriculum. Similarly, Marlboro Col- cant expansions in the distance learn- In rural areas, distance education lege in Marlboro, Vermont, offers inno- ing exemption in the Copyright Act, provides an opportunity for schools to vative graduate programs designed for while minimizing the additional risks

VerDate 11-MAY-2000 03:42 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.120 pfrm03 PsN: S07PT1 S5990 CONGRESSIONAL RECORD — SENATE June 7, 2001 to copyright owners that are inherent the dissemination of material covered of Copyrights, and her staff at the in exploiting works in a digital format. under the exemption is limited only to Copyright Office, for their help and First, the bill eliminates the current the students who are intended to re- technical assistance. They have done eligibility requirements for the dis- ceive it. an admirable job in helping us move tance learning exemption that the in- Finally, the bill directs the Patent forward the deployment of the Internet struction occur in a physical classroom and Trademark Office to report to the and digital transmissions systems in or that special circumstances prevent Congress with a description of the var- education. the attendance of students in the class- ious technological protection systems Because of their hard work, I am con- room. At the same time, the bill would in use, available, or being developed to fident we have an important education maintain and clarify the requirement protect digitized copyrighted works reform that can be sent to, and signed that the exemption is limited to use in and prevent infringement, including by, the President with broad, bipar- mediated instructional activities of those being developed in private, vol- tisan support in the coming month. governmental bodies and accredited untary, industry-led entities through Distance education, and the use of non-profit educational institutions. an open broad based consensus process. high technology tools such as the Second, the bill clarifies that the dis- The original version of this study pro- Internet in education, hold great prom- tance learning exemption covers the posed by Senator HATCH in an amend- ise for students in States like Utah, transient or temporary copies that ment filed to the Elementary and Sec- where distances can be great between may occur through the automatic tech- ondary Education bill, S. 1, proved students and learning opportunities. I nical process of transmitting material highly controversial. think it is similarly important for any over the Internet. I appreciate that copyright owners State that has students who seek Third, the current distance learning are frustrated at the pace at which broader learning opportunities than exemption only permits the trans- technological measures are being de- they can reach in their local area. Any mission of the performance of ‘‘non- veloped and implemented to protect education reforms moved in the Con- dramatic literary or musical works,’’ digital copyrighted works, particularly gress this year should include provi- but does not allow the transmission of as high-speed Internet connections and sions that help deploy high technology movies or videotapes, or the perform- broadband service becomes more read- tools, including the Internet, to give ance of plays. The Kerrey Commission ily available. At the same time, com- our students the very best educational report cited this limitation as an ob- puter and software manufacturers and experience we can offer. I believe this stacle to distance learning in current providers of Internet services are ap- legislation is an important part of copyright law and noted the following propriately opposed to the government truly effective education reform that examples: A music instructor may play mandating use of a particular techno- can open up new vistas to all our stu- songs and other pieces of music in a logical protection measure or setting dents, while potentially costing less in classroom, but must seek permission the specification standards for such the long run to provide a full education from copyright holders in order to in- measures. Indeed, copyright owners are experience. corporate these works into an online a diverse group, and some owners may By using these tools, students in re- version of the same class. A children’s want more flexibility and variety in mote areas of my home State of Utah literature instructor may routinely the technical protection measures are becoming able to link up to re- display illustrations from childrens’ available for their works than would sources previously available only to books in the classroom, but must get result if the government intervened too those in cities or at prestigious edu- licenses for each one for on online soon and mandated a particular stand- cational institutions. Limited access to version of the course. ard or system. I am glad that with the language instructors in remote areas To alleviate this disparity, the constructive assistance of Senator or particle accelerators in most high TEACH Act would amend current law CANTWELL and other members of the schools limit access to educational op- to allow educators to show reasonable Judiciary Committee, we were able to portunity. These limits can be over- and limited portions of dramatic lit- include a version of the PTO study in come to a revolutionary degree by on- erary and musical works, audiovisual the bill that is limited to providing in- line offerings, which can combine works, and sound recordings, in addi- formation to the Congress. tion to the complete versions of non- Distance education is an important sound, video, and interactivity in ex- dramatic literary and musical works issue to both Senator Hatch and to me, citing new ways. And new experiences which are currently exempted. and to the people of all of our States. that transcend what is possible in the This legislation is a balanced pro- This is a good bill and I urge the Con- classroom, such as hypertexts linked posal that expands the educational use gress to act promptly to see this legis- directly to secondary sources, are pos- exemption in the copyright law for dis- lation enacted. sible only in the online world. tance learning, but also contains a Mr. HATCH. Madam President, I am With the advent of the Internet and number of safeguards for copyright pleased that we will pass out of the other communication technologies, owners. In particular, the bill excludes Senate today S. 487, the ‘‘Technology classrooms need no longer be tied to a from the exemption those works that Education and Copyright Harmoni- specific location or time. As exciting are produced primarily for instruc- zation Act’’ or fittingly abbreviated as as distance education is, online edu- tional use, because for such works, un- the ‘‘TEACH Act,’’ which updates the cation will only thrive if teachers and like entertainment products or mate- educational use provisions of the copy- students have affordable and conven- rials of a general educational nature, right law to account for advancements ient access to the highest quality edu- the exemption could significantly cut in digital transmission technologies cational materials. The goal of the into primary markets, impairing in- that support distance learning. TEACH Act is to update the edu- centives to create. Indeed, the Web- But first I want to thank the Rank- cational provisions of the copyright Based Education Commission urged the ing Member for his work and partner- law for the 21st century, allowing stu- development of ‘‘high quality online ship on this legislation. We have done dents and teachers to benefit from de- educational content that meets the it in a bipartisan, consensus-building ployment of advanced digital tech- highest standards of educational excel- manner. I would also like to thank the nologies. lence.’’ Copyright protection can help various representatives of the copy- Specifically, the TEACH Act amends provide the incentive for the develop- right owner and education commu- sections 110(2) and 112 of the Copyright ment of such content. nities who have worked so hard with us Act to facilitate the growth and devel- In addition, the bill requires that the to achieve this consensus and move opment of digital distance learning. government or educational institution this legislation forward. First, the legislation expands the scope using the exemption transmit copy- They have worked in the spirit of co- of the section 110(2) exemption to apply righted works that are lawfully made operation toward the shared goal of to performances and displays of all cat- or acquired and use technological pro- helping our students learn better egories of copyrighted works subject to tection safeguards to protect against through technology and the media. I reasonable limitations on the portion retention of the work and ensure that would also like to thank the Register or amount of the work that can be

VerDate 11-MAY-2000 03:42 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.121 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5991 digitally transmitted. Thus, for exam- might have also provided for attorneys eral protection systems. The Undersec- ple, the Act allows transmissions to lo- fees. But, fortunately, such imagina- retary should also provide us informa- cations other than the physical class- tive readings of the language are no tion on robust and reliable protection room, and includes audiovisual works, longer necessary because we were able systems that could be renewed or up- sound recordings and other works with- to come to some agreement late last graded after subjected to in the exemption. At the same time, night on language that will allow the cyberhacking, as opposed to becoming the bill maintains and clarifies the Committee to receive useful informa- useless or obsolete. Some have raised concept of ‘‘mediated instructional ac- tion for our own use and for the infor- concerns that such a study would only mation of our constituents without tivities,’’ which requires that the per- provide a snapshot in time, or would be formance or display be analogous to causing interest rates to increase or out of date by the time it is finished the type of performance or display that the Potomac to run backwards. In all due to continual advances in tech- would take place in a live classroom seriousness, I thank those who worked setting. with us late into the night to forge an nology. This may be correct. However, Moreover, of utmost significance to agreement that allows us to move for- despite these possible limitations, the the copyright owners, the legislation ward on this last issue as part of this study will be extremely useful in estab- adds new safeguards to counteract the consensus legislation. I believe we have lishing a baseline of knowledge for the risks posed by digital transmissions in a bill that will be good for students, Committee and our constituents with an educational setting. For example, teachers, copyright owners, and infor- regard to what technology is or could the bill imposes obligations to imple- mation technologists. be made available and how it is or ment technological protection meas- But I would like to explain some of could be implemented. Perhaps the in- ures as well as certain limitations re- the thinking that went into requesting formation contained in this report lating to accessibility and duration of that report. First of all, the report is could be updated by the Undersecre- transient copies. The Act also amends not designed to be a first step toward tary to address evolving technologies section 112 of the Copyright Act to per- the government regulating, mandating, in this area. mit storage of copyrighted material on or favoring types of technologies or servers in order to permit asyn- products produced to protect copy- Overall, this legislation will make it chronous use of material in distance righted works online. Second, the legis- easier for the teacher who connects education. lative language makes clear that we do with her students online to enhance This legislation was reported unani- not seek a government comparison of the learning process by illustrating mously by the Judiciary Committee, various products that are commer- music appreciation principles with ap- and we expect it will pass the full Sen- cially available. We do not seek such propriately limited sound recordings or ate unanimously, too. Today we will comparisons, and we do not want the illustrate visual design or story-telling make two non-controversial changes to government picking winners and losers principles with appropriate movie the legislation as passed by the Com- among commercial products, nor in clips. These wholly new interactive mittee. First, Senator LEAHY and I setting the standards that would gov- educational experiences, or more tradi- have a technical amendment to the ern the development of such products. tional ones now made available around title of the bill, which corrects a non- Instead, this request is made because technological protection will be in- the students’ schedule, will be made substantive scrivener’s error. Second, more easily and more inexpensively by we are making a change in the legisla- creasingly important in preventing this legislation. Beyond the legislative tive language regarding technological widespread, unlawful copying of copy- safe harbor provided by this legisla- protection measures which makes our righted works generally, and the Com- intention clearer by bringing the statu- mittee wishes to know as much about tion, opportunities for students and tory language into closer conformity its capabilities as possible, for our- lifetime learners of all kinds, in all with our understanding of the provi- selves and for our constitents. This in- kinds of locations, are limited only by sion. These changes are non-controver- formation would be extremely valu- the human imagination and the cooper- sial and have the same support among able, for example, if the Committee de- ative creativity of the creators and the affected parties as the rest of the termines in the future that it is appro- users of copyrighted works. The possi- bill. For the information of my col- priate to facilitate the standard-set- bilities for everyone in the wired world leagues and those who may use the leg- ting process or to encourage the imple- are thrilling to contemplate. mentation of such standards in devices islation, I am including a section by I strongly believe that this legisla- section analysis of the bill as amended so that creative works can be offered to the public in a secure environment. tion is necessary to foster and promote following my comments, and asked distance education while at the same that a copy of that section by section Encryption, watermarking, and digital time maintains a careful balance be- analysis and copies of the two amend- rights management systems have been tween copyright owners and users. ments be published immediately fol- and continue to be developed to protect Through the increasing influence of lowing my remarks in the RECORD. copyrighted works, but these are just a The PRESIDING OFFICER. Without portion of the possibilities that exist in educational technologies, virtual class- objection, it is so ordered. making the digital environment safe rooms are popping up all over the coun- (See Exhibit 1). for the delivery of valuable copy- try and what we do not want to do is Mr. HATCH. A few comments about righted works. If, for instance, com- stand in the way of the development the study we request from the Patent puters and other digital devices recog- and advancement of innovative tech- and Trademark Office included in this nized and responded to technological nologies that offer new and exciting legislation. There was some con- protection measures, a significant por- educational opportunities. I think we troversy generated in some quarters tion of the infringing activity that all agree that digital distance should over an earlier draft of the TEACH Act harms copyright owners could be pre- be fostered and utilized to the greatest that directed the Undersecretary for vented, and the Internet could be a extent possible to deliver instruction Intellectual Property to provide the much safer environment for the valu- to students in ways that could have Judiciary Committee with information able and quality works that consumers been possible a few years ago. We live about technological protection meas- want to enjoy and copyright owners ures for copyrighted works online. I want to deliver online. Therefore, the at a point in time when we truly have must confess, I still do not entirely un- Undersecretary should include in its an opportunity to help shape the future derstand the precise objections to that study so-called ‘‘bilateral’’ systems by influencing how technology is used formulation. One lobbyist, I believe that have been or could be developed in education so I hope my colleagues from the Digital Media Association, that would allow technology embedded will join us in supporting this modest was arguing that the study would lead in copyrighted works to communicate update of the copyright law that offers to a rash of class action lawsuits. I with computers and other devices with to make more readily available dis- have been trying to parse the language regard to the level of protection re- tance education in a digital environ- to see if this informational report quired for that work, as well as unilat- ment to all of our students.

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EXHIBIT 1.—SECTION-BY-SECTION ANALYSIS OF In addition, because ‘‘display’’ of certain ment bodies and non-profit educational in- S. 487, THE TECHNOLOGY, EDUCATION, AND types of works, such as literary works using stitutions. However, due to the fact that, as COPYRIGHT HARMONIZATION ACT an ‘‘e-book’’ reader, could substitute for tra- the Register’s Report points out, ‘‘nonprofit SUBSECTION (a): SHORT TITLE ditional purchases of the work (e.g., a text educational institutions’’ are no longer a This section provides that this Act may be book), the display exemption is limited to closed and familiar group, and the ease with cited as the ‘‘Technology, Education and ‘‘an amount comparable to that which is which anyone can transmit educational ma- terial over the Internet, the amendment Copyright Harmonization Act of 2001.’’ typically displayed in the course of a live classroom setting.’’ This limitation is a fur- would require non-profit educational institu- SUBSECTION (b): EXEMPTION OF CERTAIN PER- ther implementation of the ‘‘mediated in- tions to be ‘‘accredited’’ in order to provide FORMANCES AND DISPLAYS FOR EDUCATIONAL structional activity’’ concept described further assurances that the institution is a USES below, and recognizes that a ‘‘display’’ may bona fide educational institution. It is not Summary have a different meaning and impact in the otherwise intended to alter the eligibility Section 1(b) of the TEACH Act amends sec- digital environment than in the analog envi- criteria. Nor is it intended to limit or affect tion 110(2) of the Copyright Act to encompass ronment to which section 110(2) has pre- any other provision of the Copyright Act performances and displays of copyrighted viously applied. The ‘‘limited portion’’ for- that relates to non-profit educational insti- works in digital distance education under ap- mulation used in conjunction with the per- tutions or to imply that non-accredited edu- propriate circumstances. The section ex- formance right exemption is not used in con- cational institutions are necessarily not pands the scope of works to which the nection with the display right exemption, be- bona fide. amended section 110(2) exemption applies to cause, for certain works, display of the en- ‘‘Accreditation’’ is defined in section include performances of reasonable and lim- tire work could be appropriate and con- 1(b)(2) of the TEACH Act in terms of the ited portions of works other than nondra- sistent with displays typically made in a live qualification of the educational institution. matic literary and musical works (which are classroom setting (e.g., short poems or es- It is not defined in terms of particular currently covered by the exemption), while says, or images of pictorial, graphic, or courses or programs. Thus, an accredited also limiting the amount of any work that sculptural works, etc.). nonprofit educational institution qualifies may be displayed under the exemption to The exclusion for works ‘‘produced or mar- for the exemption with respect to its courses what is typically displayed in the course of a keted primarily for performance or display whether or not the courses are part of a de- live classroom session. At the same time, as part of mediated instructional activities gree or certificate-granting program. section 1(b) removes the concept of the phys- transmitted via digital networks’’ is in- Qualifying performances and displays; mediated ical classroom, while maintaining and clari- tended to prevent the exemption from under- instructional activities fying the requirement of mediated instruc- mining the primary market for (and, there- Subparagraph (2)(A) of the amended ex- tional activity and limiting the availability fore, impairing the incentive to create, mod- emption provides that the exemption applies of the exemption to mediated instructional ify or distribute) those materials whose pri- to a performance or display made ‘‘by, at the activities of governmental bodies and ‘‘ac- mary market would otherwise fall within the direction of, or under the actual supervision credited’’ non-profit educational institu- scope of the exemption. The concept of ‘‘per- of an instructor as an integral part of a class tions. This section of the Act also limits the formance or display as part of mediated in- session offered as a regular part of . . . sys- amended exemption to exclude performances structional activities’’ is discussed in greater tematic mediated instructional activity.’’ and displays given by means of a copy or detail below, in connection with the scope of The subparagraph includes several require- phonorecord that is not lawfully made and the exemption. It is intended to have the ments, all of which are intended to make acquired, which the transmitting body or in- same meaning and application here, so that clear that the transmission must be part of stitution knew or had reason to believe was works produced or marketed primarily for mediated instructional activity. First, the not lawfully made and acquired. In addition, activities covered by the exemption would be performance or display must be made by, section 1(b) requires the transmitting insti- excluded from the exemption. The exclusion under the direction of, or under the actual tution to apply certain technological protec- is not intended to apply generally to all edu- supervision of an instructor. The perform- tion measures to protect against retention of cational materials or to all materials having ance or display may be initiated by the in- the work and further downstream dissemina- educational value. The exclusion is limited structor. It may also be initiated by a person tion. The section also clarifies that partici- to materials whose primary market is ‘‘me- enrolled in the class as long as it is done ei- pants in authorized digital distance edu- diated instructional activities,’’ i.e., mate- ther at the direction, or under the actual su- cation transmissions will not be liable for rials performed or displayed as an integral pervision, of the instructor. ‘‘Actual’’ super- any infringement by reason of transient or part of the class experience, analogous to the vision is intended to require that the in- temporary reproductions that may occur type of performance or display that would structor is, in fact, supervising the class ac- through the automatic technical process of a take place in a live classroom setting. At the tivities, and that supervision is not in name digital transmission for the purpose of a per- same time, the reference to ‘‘digital net- or theory only. It is not intended to require formance or display permitted under the sec- works’’ is intended to limit the exclusion to either constant, real-time supervision by the tion. Obviously, with respect to such repro- materials whose primary market is the dig- instructor or pre-approval by the instructor ductions, the distribution right would not be ital network environment, not instructional for the performance or display. Asyn- infringed. Throughout the Act, the term materials developed and marketed for use in chronous learning, at the pace of the stu- ‘‘transmission’’ is intended to include trans- the physical classroom. dent, is a significant and beneficial char- missions by digital, as well as analog means. The exclusion of performances or displays acteristic of digital distance education, and ‘‘given by means of a copy or phonorecord the concept of control and supervision is not Works subject to the exemption and applicable intended to limit the qualification of such portions that is not lawfully made and acquired’’ under Title 17 is based on a similar exclusion asynchronous activities for this exemption. The TEACH Act expands the scope of the The performance or display must also be in the current language of section 110(1) for section 110(2) exemption to apply to perform- made as an ‘‘integral part’’ of a class session, the performance or display of an audiovisual ances and displays of all categories of copy- so it must be part of a class itself, rather work in the classroom. Unlike the provision righted works, subject to specific exclusions than ancillary to it. Further, it must fall in section 110(1), the exclusion here applies for works ‘‘produced or marketed primarily within the concept of ‘‘mediated instruc- to the performance or display of any work. for performance or display as part of medi- tional activities’’ as described in section But, as in section 110(1), the exclusion ap- ated instructional activities transmitted via 1(b)(2) of the TEACH Act. This latter concept plies only where the transmitting body or in- digital networks’’ and performance or dis- is intended to require the performance or stitution ‘‘knew or had reason to believe’’ plays ‘‘given by means of a copy or phono- display to be analogous to the type of per- that the copy or phonorecord was not law- record that is not lawfully made and ac- formance or display that would take place in fully made and acquired. As noted in the quired,’’ which the transmitting body or in- a live classroom setting. Thus, although it is Register’s Report, the purpose of the exclu- stitution ‘‘knew or had reason to believe was possible to display an entire textbook or ex- sion is to reduce the likelihood that an ex- not lawfully made and acquired.’’ tensive course-pack material through an e- emption intended to cover only the equiva- Unlike the current section 110(2), which ap- book reader or similar device or computer lent of traditional concepts of performance plies only to public performances of non-dra- application, this type of use of such mate- and display would result in the proliferation matic literary or musical works, the amend- rials as supplemental reading would not be or exploitation of unauthorized copies. An ment would apply to public performances of analogous to the type of display that would educator would typically purchase, license, any type of work, subject to certain exclu- take place in the classroom, and therefore rent, make a fair use copy, or otherwise law- sions set forth in section 110(2), as amended. would not be authorized under the exemp- fully acquire the copy to be used, and works The performance of works other than non- tion. dramatic literary or musical works is lim- not yet made available in the market The amended exemption is not intended to ited, however, to ‘‘reasonable and limited (whether by distribution, performance or dis- address other uses of copyrighted works in portions’’ of less than the entire work. What play) would, as a practical matter, be ren- the course of digital distance education, in- constitutes a ‘‘reasonable and limited’’ por- dered ineligible for use under the exemption. cluding student use of supplemental or re- tion should take into account both the na- Eligible transmitting entities search materials in digital form, such as ture of the market for that type of work and As under the current section 110(2), the ex- electronic course packs, e-reserves, and dig- the pedagogical purposes of the performance. emption, as amended, is limited to govern- ital library resources. Such activities do not

VerDate 11-MAY-2000 03:42 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.111 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5993 involve uses analogous to the performances transmission be made solely for, and to the ure in subparagraph (2)(D)(ii) refers only to and displays currently addressed in section extent technologically feasible, the recep- retention of a copy or phonorecord in the 110(2). tion is limited to students officially enrolled computer of the recipient of a transmission. The ‘‘mediated instructional activity’’ re- in the course for which the transmission is The material to be performed or displayed quirement is thus intended to prevent the made or governmental employees as part of may, under the amendments made by the exemption provided by the TEACH Act from their official duties or employment. This re- Act to section 112 and with certain limita- displacing textbooks, course packs or other quirement is not intended to impose a gen- tions set forth therein, remain on the server material in any media, copies or eral requirement of network security. Rath- of the institution or government body for phonorecords of which are typically pur- er, it is intended to require only that the the duration of its use in one or more chased or acquired by students for their students or employees authorized to be re- courses, and may be accessed by a student independent use and retention (in most post- cipients of the transmission should be identi- each time the student logs on to participate secondary and some elementary and sec- fied, and the transmission should be techno- in the particular class session of the course ondary contexts). The Committee notes that logically limited to such identified author- in which the display or performance is made. in many secondary and elementary school ized recipients through systems such as pass- The reference to ‘‘accessible form’’ recog- contexts, such copies of such materials are word access or other similar measures. nizes that certain technological protection not purchased or acquired directly by the Additional safeguards to counteract new risks measures that could be used to comply with students, but rather are provided for the stu- subparagraph (2)(D)(ii) do not cause the de- dents’ independent use and possession (for The digital transmission of works to stu- dents poses greater risks to copyright own- struction or prevent the making of a digital the duration of the course) by the institu- file; rather they work by encrypting the tion. ers than transmissions through analog broadcasts. Digital technologies make pos- work and limiting access to the keys and the The limitation of the exemption to system- period in which such file may be accessed. On atic ‘‘mediated instructional activities’’ in sible the creation of multiple copies, and the other hand, an encrypted file would still subparagraph (2)(A) of the amended exemp- their rapid and widespread dissemination be considered to be in ‘‘accessible form’’ if tion operates together with the exclusion in around the world. Accordingly, the TEACH the body or institution provides the recipi- the opening clause of section 110(2) for works Act includes several safeguards not cur- ent with a key for use beyond the class ses- ‘‘produced or marketed primarily for per- rently present in section 110(2). sion. formance or display as part of mediated in- First, a transmitting body or institution Paragraph (2)(D)(ii) provides, as a condi- structional activities transmitted via digital seeking to invoke the exemption is required tion of eligibility for the exemption, that a networks’’ to place boundaries on the exemp- to institute policies regarding copyright and transmitting body or institution apply tech- tion. The former relates to the nature of the to provide information to faculty, students nological measures that reasonably prevent exempt activity; the latter limits the rel- and relevant staff members that accurately both retention of the work in accessible form evant materials by excluding those pri- describe and promote compliance with copy- for longer than the class session and further marily produced or marketed for the exempt right law. Further, the transmitting organi- dissemination of the work. This requirement activity. zation must provide notice to recipients that One example of the interaction of the two materials used in connection with the course does not impose a duty to guarantee that re- provisions is the application of the exemp- may be subject to copyright protection. tention and further dissemination will never tion to textbooks. Pursuant to subparagraph These requirements are intended to promote occur. Nor does it imply that there is an ob- (2)(A), which limits the exemption to ‘‘medi- an environment of compliance with the law, ligation to monitor recipient conduct. More- ated instructional activities,’’ the display of inform recipients of their responsibilities over, the ‘‘reasonably prevent’’ standard material from a textbook that would typi- under copyright law, and decrease the likeli- should not be construed to imply perfect effi- cally be purchased by students in the local hood of unintentional and uninformed acts of cacy in stopping retention or further dis- classroom environment, in lieu of purchase infringement. semination. The obligation to ‘‘reasonably by the students, would not fall within the ex- Second, in the case of a digital trans- prevent’’ contemplates an objectively rea- emption. Conversely, because textbooks mission, the transmitting body or institu- sonable standard regarding the ability of a typically are not primarily produced or mar- tion is required to apply technological meas- technological protection measure to achieve keted for performance or display in a manner ures to prevent (i) retention of the work in its purpose. Examples of technological pro- analogous to performances or display in the accessible form by recipients to which it tection measures that exist today and would live classroom setting, they would not per se sends the work for longer than the class ses- reasonably prevent retention and further dis- be excluded from the exemption under the sion, and (ii) unauthorized further dissemi- semination, include measures used in con- exclusion in the opening clause. Thus, an in- nation of the work in accessible form by nection with streaming to prevent the copy- structor would not be precluded from using a such recipients. Measures intended to limit ing of streamed material, such as the Real chart or table or other short excerpt from a access to authorized recipients of trans- Player ‘‘Secret Handshake/Copy Switch’’ textbook different from the one assigned for missions from the transmitting body or in- technology discussed Real Networks v. the course, or from emphasizing such an ex- stitution are not addressed in this subpara- Streambox, 2000 WL 127311 (Jan. 18, 2000) or cerpt from the assigned textbook that had graph (2)(D). Rather, they are the subjects of digital rights management systems that been purchased by the students. subparagraph (2)(C). limit access to or use of encrypted material The requirement of subparagraph (2)(B), The requirement that technological meas- downloaded onto a computer. It is not the that the performance or display must be di- ures be applied to limit retention for no Committee’s intent, by noting the existence rectly related and of material assistance to longer than the ‘‘class session’’ refers back of the foregoing, to specify the use of any the teaching content of the transmission, is to the requirement that the performance be particular technology to comply with sub- found in current law, and has been retained made as an ‘‘integral part of a class session.’’ paragraph (2)(D)(ii). Other technologies will in its current form. As noted in the Reg- The duration of a ‘‘class session’’ in asyn- certainly evolve. Further, it is possible that, ister’s Report, this test of relevance and ma- chronous distance education would generally as time passes, a technological protection teriality connects the copyrighted work to be that period during which a student is measure may cease to reasonably prevent re- the curriculum, and it means that the por- logged on to the server of the institution or tention of the work in accessible form for tion performed or displayed may not be per- governmental body making the display or longer than the class session and further dis- formed or displayed for the mere entertain- performance, but is likely to vary with the semination of the work, either due to the ment of the students, or as unrelated back- needs of the student and with the design of evolution of technology or to the widespread ground material. the particular course. It does not mean the availability of a hack that can be readily Limitations on receipt of transmissions duration of a particular course (i.e., a semes- used by the public. In those cases, a trans- Unlike current section 110(2), the TEACH ter or term), but rather is intended to de- mitting organization would be required to Act amendment removes the requirement scribe the equivalent of an actual single apply a different measure. Nothing in section 110(2) should be con- that transmissions be received in classrooms face-to-face mediated class session (although strued to affect the application or interpre- or similar places devoted to instruction un- it may be asynchronous and one student may tation of section 1201. Conversely, nothing in less the recipient is an officer or employee of remain online or retain access to the per- section 1201 should be construed to affect the a governmental body or is prevented by dis- formance or display for longer than another application or interpretation of section ability or special circumstances from attend- student as needed to complete the class ses- 110(2). ing a classroom or similar place of instruc- sion). Although flexibility is necessary to ac- tion. One of the great potential benefits of complish the pedagogical goals of distance Transient and temporary copies digital distance education is its ability to education, the Committee expects that a Section 1(b)(2) of the TEACH Act imple- reach beyond the physical classroom, to pro- common sense construction will be applied ments the Register’s recommendation that vide quality educational experiences to all so that a copy or phonorecord displayed or liability not be imposed upon those who par- students of all income levels, in cities and performed in the course of a distance edu- ticipate in digitally transmitted perform- rural settings, in schools and on campuses, cation program would not remain in the pos- ances and displays authorized under this sub- in the workplace, at home, and at times se- session of the recipient in a way that could section by reason of copies or phonorecords lected by students to meet their needs. substitute for acquisition or for uses other made through the automatic technical proc- In its place, the Act substitutes the re- than use in the particular class session. Con- ess of such transmission, or any distribution quirement in subparagraph (2)(C) that the versely, the technological protection meas- resulting therefrom. Certain modifications

VerDate 11-MAY-2000 03:42 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.114 pfrm03 PsN: S07PT1 S5994 CONGRESSIONAL RECORD — SENATE June 7, 2001 have been made to the Register’s rec- distance education transmissions must be ments make certain points about fair use. ommendations to accommodate instances able to load material that will be displayed Specifically, this legislation is enacted in where the recommendation was either too or performed on their servers, for trans- recognition of the following: (a) The fair use broad or not sufficiently broad to cover the mission at the request of students. The doctrine is technologically neutral and ap- appropriate activities. TEACH Act’s amendment to section 112 plies to activities in the digital environ- The third paragraph added to the amended makes that possible. ment; and (b) the lack of established guide- exemption under section 1(b)(2) of the Under new subsection 112(f)(1), transmit- lines for any particular type of use does not TEACH Act recognizes that transmitting or- ting organizations authorized to transmit mean that fair use is inapplicable. ganizations should not be responsible for performances or displays under section 110(2) While the Register’s Report also examined copies or phonorecords made by third par- may load on their servers copies or and discussed a variety of licensing issues ties, beyond the control of the transmitting phonorecords of the performance or display with respect to educational uses not covered organization. However, consistent with the authorized to be transmitted under section by exemptions or fair use, these issues were Register’s concern that the exemption 110(2) to be used for making such trans- not included in the Report’s legislative rec- should not be transformed into a mechanism missions. The subsection recognizes that it ommendations that formed the basis for the for obtaining copies, the paragraph also re- often is necessary to make more than one TEACH Act. It is the view of the Committee quires that such transient or temporary cop- ephemeral recording in order to efficiently that nothing in this Act is intended to affect ies stored on the system or network con- carry out digital transmissions, and author- in any way the relationship between express trolled or operated by the transmitting body izes the making of such copies or copyright exemptions and license restric- or institution shall not be maintained on phonorecords. tions. such system or network ‘‘in a manner ordi- Subsection 112(f) imposes several limita- Nonapplicability to secure tests narily accessible to anyone other than an- tions on the authorized ephemeral record- The Committee is aware and deeply con- ticipated recipients’’ or ‘‘in a manner ordi- ings. First, they may be retained and used cerned about the phenomenon of school offi- narily accessible to such anticipated recipi- solely by the government body or edu- cials who are entrusted with copies of secure ents for a longer period than is reasonably cational institution that made them. No fur- test forms solely for use in actual test ad- necessary to facilitate the transmissions’’ ther copies or phonorecords may be made ministrations and using those forms for a for which they are made. from them, except for copies or phonorecords completely unauthorized purpose, namely The liability of intermediary service pro- that are authorized by subsection 110(2), such helping students to study the very questions viders remains governed by section 512, but, as the copies that fall within the scope of the they will be asked on the real test. The Com- subject to section 512(d) and section 512(e), third paragraph added to the amended ex- mittee does not in any way intend to change section 512 will not affect the legal obliga- emption under section 1(b)(2) of the TEACH current law with respect to application of tions of a transmitting body or institution Act. The authorized ephemeral recordings the Copyright Act or to undermine or lessen when it selects material to be used in teach- must be used solely for transmissions au- in any way the protection afforded to secure ing a course, and determines how it will be thorized under section 110(2). tests under the Copyright Act. Specifically, used and to whom it will be transmitted as The Register’s Report notes the sensitivity this section would not authorize a secure a provider of content. The paragraph refers to ‘‘transient’’ and of copyright owners to the digitization of test acquired solely for use in an actual test ‘‘temporary’’ copies consistent with the ter- works that have not been digitized by the administration to be used for any other pur- minology used in section 512, including tran- copyright owner. As a general matter, sub- pose. sient copies made in the transmission path section 112(f) requires the use of works that SUBSECTION (D): PTO REPORT by conduits and temporary copies, such as are already in digital form. However, the The report requested in subsection (d) re- caches, made by the originating institution, Committee recognizes that some works may quests information about technological pro- by service providers or by recipients. Organi- not be available for use in distance edu- tection systems to protect digitized copy- zations providing digital distance education cation, either because no digital version of righted works and prevent infringement. The will, in many cases, provide material from the work is available to the institution, or report is intended for the information of source servers that create additional tem- because available digital versions are subject Congress and shall not be construed to have porary or transient copies or phonorecords of to technological protection measures that any effect whatsoever on the meaning, appli- the material in storage known as ‘‘caches’’ prevent their use for the performances and cability, or effect of any provision of the in other servers in order to facilitate the displays authorized by section 110(2). In Copyright Act in general or the TEACH Act transmission. In addition, transient or tem- those circumstances where no digital version in particular. porary copies or phonorecords may occur in is available to the institution or the digital Mrs. FEINSTEIN. Madam President, the transmission stream, or in the computer version that is available is subject to techno- today I rise in strong support of S. 487, logical measures that prevent its use for dis- of the recipient of the transmission. Thus, by the Technology, Education, and Copy- way of example, where content is protected tance education under the exemption, sec- tion 112(f)(2) authorizes the conversion from right Harmonization, TEACH, Act. by a digital rights management system, the This Act expands the distance learning recipient’s browser may create a cache copy an analog version, but only conversion of the of an encrypted file on the recipient’s hard portion or amount of such works that are au- exemption in our copyright law, ac- disk, and another copy may be created in the thorized to be performed or displayed under knowledging that changes in tech- recipient’s random access memory at the section 110(2). It should be emphasized that nology sometimes require changes in time the content is perceived. The third subsection 112(f)(2) does not provide any au- the law. In making this change, the paragraph added to the amended exemption thorization to convert print or other analog TEACH Act places new limits on the by section 1(b)(2) of the TEACH Act is in- versions of works into digital format except as permitted in section 112(f)(2). rights of copyright owners. These lim- tended to make clear that those authorized its, however, are established in such a Relationship to fair use and contractual to participate in digitally transmitted per- way that they will benefit non-profit formances and displays as authorized under obligations educational institutions and their stu- section 110(2) are not liable for infringement As the Register’s Report makes clear as a result of such copies created as part of ‘‘critical to [its conclusion and recommenda- dents, but hopefully without exposing the automatic technical process of the trans- tions] is the continued availability of the copyrighted works to any further un- mission if the requirements of that language fair use doctrine.’’ Nothing in this Act is in- authorized use. are met. The paragraph is not intended to tended to limit or otherwise to alter the The drafters of the Constitution ac- create any implication that such partici- scope of the fair use doctrine. As the Reg- knowledged the importance of creative pants would be liable for copyright infringe- ister’s Report explains: ‘‘Fair use is a crit- works—and recognized the property ment in the absence of the paragraph. ical part of the distance education land- rights of the creators of those works— SUBSECTION (C): EPHEMERAL RECORDINGS scape. Not only instructional performances in the very text of the Constitution One way in which digitally transmitted and displays, but also other educational uses of works, such as the provision of supple- itself. The Copyright Clause of the Con- distance education will expand America’s stitution, in protecting the rights of educational capacity and effectiveness is mentary materials or student downloading through the use of asynchronous education, of course materials, will continue to be sub- American creators everywhere, has di- where students can take a class when it is ject to the fair use doctrine. Fair use could rectly translated into the most innova- convenient for them, not at a specific hour apply as well to instructional transmissions tive environment for the creation of designated by the body or institution. This not covered by the changes to section 110(2) creative works we’ve ever seen. This benefit is likely to be particularly valuable recommended above. Thus, for example, the creativity benefits consumers and our for working adults. Asynchronous education performance of more than a limited portion economy as a whole. also has the benefit of proceeding at the stu- of a dramatic work in a distance education Never in our history have we seen program might qualify as fair use in appro- dent’s own pace, and freeing the instructor such a plethora of choices in books, from the obligation to be in the classroom or priate circumstances.’’ on call at all hours of the day or night. The Register’s Report also recommends movies, television, software, and In order for asynchronous distance edu- that the legislative history of legislation im- music. One look at the statistics dem- cation to proceed, organizations providing plementing its distance education require- onstrates the staggering importance

VerDate 11-MAY-2000 03:42 Jun 08, 2001 Jkt 089060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.117 pfrm03 PsN: S07PT1 June 7, 2001 CONGRESSIONAL RECORD — SENATE S5995 copyrighted works have to the well- securely through the digital environ- ORDERS FOR FRIDAY, JUNE 8, 2001 being of not only my home state of ment. Mr. REID. Madam President, I ask California, but also the economy of the AMENDMENT NO. 793 unanimous consent that when the Sen- entire Nation. Mr. REID. Madam President, Sen- ate completes its business today, it ad- It has been reported that the copy- ators HATCH and LEAHY have an amend- journ until the hour of 10:30 a.m., on right industries are creating jobs at ment at the desk, and I ask for its con- Friday, June 8. I further ask consent three times the rate of the rest of the sideration. that on Friday, immediately following economy. These industries have a sur- The PRESIDING OFFICER. The the prayer and the pledge, the Journal plus balance of trade with every single clerk will report the amendment. of proceedings be approved to date, the country in the world, and that last The legislative clerk read as follows: morning hour be deemed expired, the year they accounted for 5 percent of The Senator from Nevada [Mr. REID], for time for the two leaders be reserved for the U.S. Gross Domestic Product. Few Mr. HATCH, for himself and Mr. LEAHY, pro- their use later in the day, and the Sen- other industries can boast of such a poses an amendment numbered 793. ate proceed to a period of morning successful record, and the protection Mr. REID. I ask unanimous consent business, with Senators permitted to we grant to copyrighted works is di- reading of the amendment be dispensed speak for up to 10 minutes each. rectly responsible for that success. with. The PRESIDING OFFICER. Without The message is clear. Striking the The PRESIDING OFFICER. Without objection, it is so ordered. appropriate balance in copyright pro- objection, it is so ordered. tection is vital to maintaining con- The amendment is as follows: f sumer choice, and in maintaining this vibrant part of the American economy. (Purpose: To clarify the application of PROGRAM certain technological measures) Sufficient protection means the con- Mr. REID. Madam President, as has tinue investment in the production of On page 9, lines 14 and 15 strike ‘‘, in the ordinary course of their operations,’’ and in- been previously announced by our lead- creative works, which results in great- sert ‘‘reasonably’’. er, Senator DASCHLE, there will be no er choices for consumers. rollcall votes on Friday. And as he has Mr. REID. Madam President, I ask Insufficient protection of copy- also previously stated, the next rollcall unanimous consent that the amend- righted works, on the other hand, will votes will occur on Monday at 5:15 p.m. ment be agreed to. negatively affect the ability and desire I do say to everyone, again, within the The PRESIDING OFFICER. Without of creators and lawful distributors of sound of my voice that we did a pretty objection, it is so ordered. such works to make the necessary in- good job today of adhering to the 20- The amendment (No. 793) was agreed vestment of time, money and other re- minute rule. We certainly did not ad- to. sources to continue to create and offer here to it completely, but we were Mr. REID. Madam President, I ask quality works to the public. quite close. We are going to continue unanimous consent the committee sub- That is why we must carefully con- next week until people are in the habit stitute amendment, as amended, be sider any degradation of that protec- of voting within 20 minutes. tion, even when proposed limitations agreed to, the bill be read a third time would benefit other important seg- and passed, an amendment at the desk f ments of our society, such as the edu- to the title be agreed to, the motion to reconsider be laid upon the table, and ADJOURNMENT UNTIL 10:30 A.M. cational community. TOMORROW I believe that this legislation strikes that any statements relating to the the appropriate balance by allowing ac- bill be printed in the RECORD. Mr. REID. Madam President, if there credited, nonprofit educational institu- The PRESIDING OFFICER. Without is no further business to come before tions to make certain uses of copy- objection, it is so ordered. the Senate, I now ask unanimous con- righted works, but requiring them to The committee amendment in the sent that the Senate stand in adjourn- technologically protect those works to nature of a substitute, as amended, was ment under the previous order. prevent unauthorized uses by others. agreed to. There being no objection, the Senate, The application of appropriate tech- The bill (S. 487), as amended, was at 5:57 p.m., adjourned until Friday, nological protection to copyrighted read the third time and passed. June 8, 2001, at 10:30 a.m. The amendment (No. 794) was agreed works is increasingly important as we f move from the analog to the digital to, as follows: world Technological protection will fa- (Purpose: To amend the title) NOMINATIONS cilitate the availability of copyrighted Amend the title so as to read: ‘‘A bill to Executive nominations received by amend chapter 1 of title 17, United States works in high-quality, digital formats the Senate June 7, 2001: and in global, networked environ- Code, relating to the exemption of certain ments. performances or displays for educational DEPARTMENT OF DEFENSE That is why the provisions of this uses from copyright infringement provisions, STEVEN JOHN MORELLO, SR., OF MICHIGAN, TO BE GEN- to provide that the making of copies or ERAL COUNSEL OF THE DEPARTMENT OF THE ARMY, legislation directing the Undersecre- phonorecords of such performances or dis- VICE CHARLES A. BLANCHARD, RESIGNED. tary of Commerce for Intellectual WILLIAM A. NAVAS, JR., OF VIRGINIA, TO BE AN AS- plays is not an infringement under certain SISTANT SECRETARY OF THE NAVY, VICE CAROLYN H. Property to look at what protective circumstances, and for other purposes.’’. BECRAFT. technologies are out there will be of DEPARTMENT OF THE TREASURY f great importance to this Committee in SHEILA C. BAIR, OF KANSAS, TO BE AN ASSISTANT SEC- the near future as the online environ- RETARY OF THE TREASURY, VICE GREGORY A. BAER, RE- ment and the world of e-commerce de- MEASURES READ THE FIRST SIGNED. velops. TIME—H.R. 503 AND H.R. 1885 DEPARTMENT OF TRANSPORTATION Questions such as whether unilateral Mr. REID. Madam President, I under- ELLEN G. ENGLEMAN, OF INDIANA, TO BE ADMINIS- TRATOR OF THE RESEARCH AND SPECIAL PROGRAMS protection applied to works by copy- stand the following bills are at the ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, right owners will provide a sufficiently desk: H.R. 503 and H.R. 1885. That being VICE KELLEY S. COYNER, RESIGNED. secure environment or whether bilat- the case, I ask unanimous consent that DEPARTMENT OF HEALTH AND HUMAN SERVICES eral technologies—which invoke a the bills be considered as having been ALEX AZAR II, OF MARYLAND, TO BE GENERAL COUN- ‘‘handshake’’ of sorts between the work read the first time. Further, I ask SEL OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, VICE HARRIET S. RABB, RESIGNED. and the machine used to access the unanimous consent that there be an work—should be examined more close- objection to the requests for their sec- DEPARTMENT OF STATE ond reading, en bloc. CLARK T. RANDT, JR., OF CONNECTICUT, TO BE AMBAS- ly have yet to be answered. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF This study should help us give us an The PRESIDING OFFICER. Without THE UNITED STATES OF AMERICA TO THE PEOPLE’S RE- invaluable resource with regard to re- objection, it is so ordered. PUBLIC OF CHINA. C. DAVID WELCH, OF VIRGINIA, A CAREER MEMBER OF newable, ungradeable, and robust forms Under the rule, the bills will be read THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER— of protection that will allow valuable for the second time on the next legisla- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA copyrighted works to move freely and tive day. TO THE ARAB REPUBLIC OF EGYPT.

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