Senate the Senate Met at 9 A.M

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 14, 2001 No. 83 Senate The Senate met at 9 a.m. and was of New Jersey, led the Pledge of Alle- diately after the rollcall. That would called to order by the Honorable Bill giance, as follows: be at approximately 11 o’clock. Votes Nelson, a Senator from the State of I pledge allegiance to the Flag of the will occur throughout the day. This Florida. United States of America, and to the Repub- bill will be completed today, tonight, lic for which it stands, one nation under God, or tomorrow. We are going to work PRAYER indivisible, with liberty and justice for all. until we complete this legislation. If The Chaplain, Dr. Lloyd John f we are able to complete the bill today, Ogilvie, offered the following prayer: of course, there will be no rollcall votes Dear God, today, on Flag Day, we re- APPOINTMENT OF ACTING tomorrow. member that memorable Flag Day, PRESIDENT PRO TEMPORE f June 14, 1954, when President Dwight The PRESIDING OFFICER. The BETTER EDUCATION FOR Eisenhower stood on the steps of the clerk will please read a communication STUDENTS AND TEACHERS ACT Capitol and recited the Pledge of Alle- to the Senate from the President pro giance for the first time with the tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- phrase, ‘‘one Nation under God.’’ We The legislative clerk read the fol- pore. Under the previous order, the pray that we will not forget his words lowing letter: Senate will now resume consideration spoken on that historic day: ‘‘In this U.S. SENATE, of S. 1, which the clerk will report. way we are reaffirming the tran- PRESIDENT PRO TEMPORE, The legislative clerk read as follows: scendence of religious faith in Amer- Washington, DC, June 14, 2001. A bill (S. 1) to extend programs and activi- ica’s heritage and future; in this way To the Senate: ties under the Elementary and Secondary we shall constantly strengthen those Under the provisions of rule I, paragraph 3, Education Act of 1965. spiritual weapons which forever will be of the Standing Rules of the Senate, I hereby Pending: our country’s most powerful resource appoint the Honorable BILL NELSON, a Sen- Jeffords amendment No. 358, in the nature in peace and war.’’ ator from the State of Florida, to perform of a substitute. Today, as we celebrate Flag Day, we the duties of the Chair. Biden amendment No. 386 (to amendment repledge allegiance to our flag and re- ROBERT C. BYRD, No. 358), to establish school-based partner- commit ourselves to the awesome re- President pro tempore. ships between local law enforcement agen- sponsibilities You have entrusted to us. Mr. NELSON of Florida thereupon cies and local school systems, by providing May the flag that waves above this assumed the chair as Acting President school resource officers who operate in and around elementary and secondary schools. Capitol remind us that this is Your pro tempore. Leahy (for Hatch) amendment No. 424 (to land. f amendment No. 358), to provide for the estab- Thank You, Lord, that our flag also lishment of additional Boys and Girls Clubs gives us a bracing affirmation of the RESERVATION OF LEADER TIME of America. unique role of the Senate in our democ- The ACTING PRESIDENT pro tem- Helms amendment No. 574 (to amendment racy. In each age, You have called pore. Under the previous order, leader- No. 358), to prohibit the use of Federal funds by any State or local educational agency or truly great men and women to serve as ship time is reserved. Senators. May these contemporary pa- school that discriminates against the Boy triots experience fresh strength and vi- f Scouts of America in providing equal access to school premises or facilities. sion. SCHEDULE Helms amendment No. 648 (to amendment We are very grateful for the out- Mr. REID. Mr. President, on behalf of No. 574), in the nature of a substitute. standing people You call to work as Dorgan amendment No. 640 (to amendment leaders of the Senate. Today we thank Senator DASCHLE, the majority leader, No. 358), expressing the sense of the Senate You for Sharon Zelaska and for her I announce that there will be 1 hour of that there should be established a joint com- faithful and loyal service as Assistant debate divided between Senator HARKIN mittee of the Senate and House of Represent- Secretary of the Senate. As she retires, and Senator SESSIONS. They worked on atives to investigate the rapidly increasing we praise You for her commitment to this amendment last night. Following energy prices across the country and to de- You and her patriotism to our Nation. their presentations, there will be two termine what is causing the increases. Clinton further modified amendment No. Amen. rollcall votes at approximately 5 after 10 this morning. At 12 noon, we will do 516 (to amendment No. 358), to provide for f the conduct of a study concerning the health morning business for 1 hour as outlined PLEDGE OF ALLEGIANCE and learning impacts of dilapidated or envi- last night in the unanimous consent ronmentally unhealthy public school build- The Honorable ROBERT G. agreement. They expect the Helms ings on children and to establish the Healthy TORRICELLI, a Senator from the State amendment to be brought up imme- and High Performance Schools 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 Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6240 CONGRESSIONAL RECORD — SENATE June 14, 2001 Sessions modified amendment No. 604 (to now I think it is more of a problem— to all students and therefore all students amendment No. 358), to amend the Individ- knows they are not able to maintain should share the same disciplinary action. uals with Disabilities Education Act regard- the level of discipline in a classroom I have maybe 50 or 60 letters to that ing discipline. effect. Let me read a letter from one Harkin (for Kennedy/Harkin) amendment they would like. As a result, it makes No. 802 (to amendment No. 358), to amend the it more difficult for them to reach the teacher who shared her thoughts on Individuals with Disabilities Education Act children in the classroom. It makes this subject: regarding discipline. learning more difficult. We know that As a special educator for six years I con- AMENDMENTS NOS. 604 AND 802 in certain nations in the world they sider myself ‘‘on the front lines’’ of the on- The ACTING PRESIDENT pro tem- have classroom sizes three times or going battles that take place on a daily basis pore. Under the previous order, there four times what we have in the United in our nation’s schools. I strongly believe that part of the ‘‘ammunition’’ that fuels will now be 60 minutes for remarks on States. Yet they are able to maintain these struggles are the ‘‘rights’’ guaranteed the Sessions amendment No. 604 and discipline. We need to do a better job of to certain individuals by IDEA ’97. the Harkin amendment No. 802. maintaining discipline in the class- Remember this is a special educator. Who seeks recognition? room. If you talk to teachers and prin- The Senator from Alabama. The law, though well intentioned, has be- cipals, they will tell you that. come one of the single greatest obstacles Mr. SESSIONS. Mr. President, is One of the greatest irritants to them there any other agreement in terms of that educators face in our fight to provide is the regulation that comes out of this all of our children with a quality education speaking between the votes? Are we book. Teachers have left the profession delivered in a safe environment. There are going to speak and then vote? Will we based on it. They are incredibly frus- many examples that I can offer first hand. just have an hour equally divided and trated. When you talk to them, their However, let me reiterate that I am a special then vote? frustration pours out. They cite exam- educator. I have dedicated my life to helping Mr. REID. That is true. ple after example of circumstances children with special needs. It is my job to The ACTING PRESIDENT pro tem- study and know the abilities and limitations that you would think would not and pore. Mr. President, there will be 4 of such children. I have a bachelor’s degree could not happen but do happen in minutes of debate followed by a vote on in psychology, a masters degree in special America. In fact, it does happen on a or in relation to the Sessions amend- education and a Ph.D. in good ole common daily basis. ment. sense. No where in my educational process Mr. SESSIONS. On the second vote? We have been thinking about how to have I been taught a certain few ‘‘disabled’’ The ACTING PRESIDENT pro tem- improve this. How can we improve the students should have a ‘‘right’’ to endanger the right to an education of all other dis- pore. That is correct. ability of school systems to confront a difficult situation with compassion, abled and nondisabled children. It is non- Mr. SESSIONS. Thank you, Mr. sense. It is wrong. It is dangerous. It must be President. with consistency in the classroom so stopped. There is no telling how many in- Mr. President, the issue we are deal- that it is clear that no one child can structional hours are lost by teachers in ing with today is a very important rule the roost, that no one child can dealing with behavior problems. In times of issue. I had no idea how significant just take charge and know they can’t an increasingly competitive global society, teachers and principals and super- be disciplined and actually utilize that it is no wonder American students fall short. intendents consider this issue. We have power to disrupt the classroom? Certain children are allowed to remain in the already in the course of this legislation We have talked with superintendents. classroom robbing other children of hours approved a historic increase in funding We have talked to national leaders. We that can never be replaced. There is no need have talked to lawyers who handle to extend the schoolday, no need to extend for IDEA. That is going to help schools the school year. If politicians would just do a better job of providing specialized these cases. We have proposed an make it possible for educators to take back training for students with disabilities amendment that is modest, that is less the time that is lost on a daily basis, to con- to a degree we have never seen before. strong in some ways than others that tain certain students, there is no doubt we In fact, 10 or 15 years ago, when the have been adopted, but it will go a long would have better educated students. It is IDEA matter was settled and made a way, if not all the way, in fixing this even more frustrating when it is a special part of Federal law, Congress agreed to problem. education child who knows and boasts ‘‘they pay 40 percent of the cost that would This is what happens: A disabled can’t do anything to me’’ and he is placed fall on the school system. That agree- child who is misbehaving is treated in back in the classroom to disrupt it day after day, week after week. ment was never honored. Congress an entirely different way than a child never appropriated that 40 percent. In who is not a disabled child. They have And she goes on. There are many other letters. I fact, we are closer to 10 percent, or extraordinary protections that, in ef- thought I would share one from a stu- even under 10 percent. Now I think we fect, make it difficult for discipline to dent. I think it is particularly insight- are around 15 or 20 percent of that com- even occur. Lawyers are involved in it ful into the problem with which we are mitment under the legislation that to an extraordinary degree. dealing. We want to give every possible passed here. I hope we will be able to Let me read one letter from a special assistance to children with disabilities, fund it. We voted to fully fund IDEA. It education coordinator who wrote about but there are other children in the would be a large increase in funding for this problem. We tried to fix some of classroom also. We ought to think school systems. this in 1997 to improve it, but from But as I traveled my State, they ex- what I am hearing in the field from the about them. Sometimes their very pressed concern to me. I visited 20 teachers, we made the situation worse, lives are at stake. Sometimes their schools in Alabama recently, and I not better. This special education coor- safety is at stake. Sometimes their dig- talked to principals and teachers at dinator writes: nity is at stake. each one of those schools. They tell me This is what this 14-year-old writes. The restrictions inherent in [the 1997] leg- It was sent to me earlier this year: that funding is important. They would islation have the potential to ‘‘cripple’’ a like more funding. Many of them know school system beyond repair. Although my I am a 14 year old eighth grader. I have a problem. There is this girl that goes to that Congress has not fulfilled that job is to advocate for students with disabilities, I also feel a responsibility to protect school with me, she is an ADD student [disagreement. They told me. Their frus- abled student]. She has been harassing me tration just pours out over the Federal the rights of all children to an appropriate education. for no reason. She has pretty much done ev- regulations that deal with children erything from breaking my glasses to telling with disabilities. An elementary school principal me she is going to kill me. This really both- This is the book that has the regula- writes: ers me because she is an ADD student and tions in it with which they are required Today general educators at all grade levels the only punishment she ever gets is a slap to comply. Lawyers, experts, testi- must deal with a large number of these stu- on the hand. My principal says there is not mony, and hearings occur on a regular dents who are a challenge to manage and in- much that he can do because of her status as struct. Having to deal with these behaviors a special ed kid. I asked what would happen basis. It is very difficult for teachers to and/or to constantly change behavior inter- if I threatened her back and he told me that be able to maintain discipline in their ventions not only takes away important in- I would be suspended from school and forced classrooms. structional time from other students, but in- to stay away. The most she has ever gotten Anyone who has talked to teachers in advertently reinforces the disabled chil- is three days ‘‘in school’’ suspension. I think recent years—and perhaps forever, but dren’s behavior. All class rules should apply this is wrong. She scares me and I am tired

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6241 of this. It has been going on for 5 months and work world, they are treated like ev- I remind our colleagues of the his- it’s really getting scary. erybody else and end up having trouble tory of the IDEA and where we have Unfortunately, that is not a rare on the job or with criminal activity. come from in terms of discrimination event. Too often, that is what we are It is a problem we can confront. This against those with disabilities. We seeing today. legislation says you are entitled to a have made remarkable progress on the Our legislation is a realistic attempt hearing, but if the hearing finds that road to free our Nation from the stains to deal with it. your bad activity was not directly con- of discrimination. Discrimination was What it says is—and this is the core nected to your disability, then you written into the Constitution. We of it—if a child’s misbehavior in the could be treated for disciplinary pur- fought a Civil War. Then again in the classroom is unconnected to the dis- poses like any other child in the class- late 1950s, primarily with the leader- ability which they have, then they room. That is only common sense. It ship of Dr. King, and then in the early should be able to be disciplined like surprises me that anyone would object 1960s, we were able to pass landmark any other child in the classroom. We to that. legislation that helped, to the extent are not creating a permanent set of Secondly, we found in the course of that laws could, free us from discrimi- separate and unequal disciplinary ac- working on this matter that a number nation on the basis of race, religion, tions in a classroom. of parents are sacrificing to have their national origin, gender discrimination, If a child has a disability and that children take advantage of special and discrimination on the basis of dis- disability is connected to their disrup- schools. There is a great school, abilities. Hopefully, we are going to tive activity, then we, as a society, Talladega School for the Blind, in Ala- free ourselves from discrimination on have decided we will not remove them bama where a lot of children go. These sexual orientation as well. It has been from the classroom; that it is some- are not inexpensive schools. Parents a very difficult march. No place has it thing they cannot control, perhaps, sacrifice to send their children there. been more difficult than trying to free and that we will provide them some Under Federal law, the school system the 5 million children who 25 years ago form of education, whether it is in that must give each disabled child as much were more often locked in closets, not classroom or in an alternative setting. assistance as they can based on their participating in the educational proc- But it is morally wrong and legally disability. ess. We have moved beyond that; we indefensible, in my view, to say that a The PRESIDING OFFICER (Mr. have proudly gone beyond that. child who has a mobility disability, TORRICELLI). The Senator’s time has We have seen slow but continuing who sells drugs in a class to other stu- expired. progress. We saw it in 1974–1975, with dents, or who brings a gun to school— Mr. SESSIONS. Mr. President, I ask the leadership at that time of Presi- and that mobility disability has no unanimous consent for 1 additional dent Ford. We made important connection whatsoever to the mis- minute. progress. It was in response to Supreme conduct that they act out and do—they The PRESIDING OFFICER. Without Court decisions that recognized that should not be protected and treated objection, it is so ordered. when every State constitution guaran- preferentially over the other students Mr. SESSIONS. Mr. President, this teed education to children, it didn’t in the classroom. provision would say that if the school mean leaving out the disabled, leaving Let me tell you what I have heard system believes an alternative school out the handicapped. The Supreme from teachers in my State. I have two could help and if the parent agrees, if Court said we have a responsibility to different examples I will share. There they both agree, they could take their provide for children who have certain are many. Two children in a car bring daily allowance for funding for that mental and physical challenges. We a gun to a school campus. They did not student and allow the parent to apply have embraced that. bring it in the classroom, but it was a to another school. I note that the As we have seen through this debate, clear violation of the rules. It required House voted on a tougher bill than this we have recognized that many commu- a suspension from the school. The non- just the other day by an overwhelming nities are attempting to deal with this disabled student is suspended from vote. The time has come to fix this problem. Given the complexity and the school. The disabled student is not sus- problem. challenges of those disabilities, it is pended, or is suspended just for a few I yield the floor. costly for many small communities. I days, because they are treated sepa- The PRESIDING OFFICER. The Sen- know this is true in every State. Mem- rately. ator from Massachusetts. bers have talked about small commu- Another example was told to me by Mr. KENNEDY. Mr. President, I rise nities that have children with severe teachers where one child sold mari- in opposition to the Sessions amend- disabilities and what the impact has juana to two other children on the ment. I hope our colleagues will con- been in terms of taxes in the commu- school grounds. The seller was a dis- sider the alternative Senator HARKIN nities. abled child. The purchasers or receivers has offered. Let me mention that brief- What we stated a number of years were nondisabled children. Under the ly and then put this into some context. ago—10 years ago—is that we were school rules, they were clearly in viola- The amendment Senator HARKIN and going to at least give the assurance tion. The two who received the drugs I are proposing ensures that students that the Federal Government was were kicked out of school for a period with disabilities will continue to re- going to provide 40 percent of the help of time. The one who sold the drugs ceive services even if they are sus- for education. It still is a State re- was not. The teacher asked: How can pended or expelled. It retains the non- quirement. Make no mistake about it. we look those children in the eye? cessation of services provision in cur- If we were not providing the funds, What kind of moral authority can we rent law. there is still the requirement under the expect to have if we maintain dis- It ensures that behavioral supports State constitution, according to the cipline such as that? Isn’t that wrong? are available to children so they may Supreme Court. But we said we want to It is mandated by Federal law, the continue to learn. We are agreeing with participate. IDEA regulations that are all over the Senator SESSIONS that a uniform policy That is what this legislation is about country. of discipline for students with or within terms of its focus on needy children. We want to help children with dis- out disabilities is appropriate. Where We are saying that that is a particular abilities, but we do not want to create we differ is in the ultimate outcome. challenge for our country, that the a circumstance that frustrates teach- Our amendment continues the serv- poorest children, locked in rural and ers, that undermines learning, and ices while his amendment denies them. urban areas, are a special cause of really does not help the child involved. Our communities will be safer. Our America. We are also saying those chil- Over and over again, the letters I re- children will become better citizens, if dren who have disabilities are a special ceive from teachers tell me they be- they have the full opportunity to learn. cause. lieve it is a bad learning process for a Conversely, expulsion from school with That is one of the most important child to believe that they, in the class- no alternatives will lead some children parts of the bill, and I am going to do room, can do things other children can- down a path where no one wants them everything I possibly can to ensure not. Then when they get out into the to go. That is the alternative. that it comes back from conference

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6242 CONGRESSIONAL RECORD — SENATE June 14, 2001 with the kinds of funding we have about. It is taking children who have, ment I spoke on last night. I intend to guaranteed in this legislation. in these instances, a disciplinary prob- speak a few more minutes this morn- There has been slow progress in giv- lem—and note the words of art related ing. First of all, sometimes good things ing assurance to children that they are to their particular disability. In fact, if happen, and we ought to take notice of going to have an opportunity to get a you knock those children out, we know them. decent education in our public schools. what happens. It is five or six times as Apropos of this debate we are having This issue the Senator from Alabama likely that they will never come back about kids with disabilities in schools, has raised has been before the Senate to education once they lose that con- there is an article that recently ap- on a number of occasions. The place to tinuing education. Those are the sta- peared in the Washington Post on June deal with it is when we do the reau- tistics. We know what is going to hap- 10th. It is a great story of the success thorization of the IDEA, which is going pen. Those children are gone, out. of the Individuals with Disabilities to occur next year. That is the appro- Now, this is a difficult challenge, but Education Act. It is headlined, ‘‘Autis- priate place to deal with it. We haven’t it is a challenge that I think most of us tic Teen in DC School Goes to Head of had the hearings. We haven’t con- think is worth it. What we have seen, Class.’’ It talks about ‘‘Lee Alderman, ducted the studies. We haven’t had re- as the Senator from Iowa pointed out a shy 19-year-old with autism, who will view. We have anecdotal evidence the very eloquently last night, is the ex- become the first special education stu- Senator from Alabama has provided to traordinary road to progress when dent in the district, and perhaps in the us. local communities and school districts metropolitan area, to graduate as val- Let’s take the General Accounting attempt to deal with these issues, with edictorian of his public high school Office. I listened to the Senator from extraordinary kinds of results, incred- class.’’ This kid with a disability had a Alabama talk about various letters. ible kinds of reactions. I could spend lot of problems going through school. You can get letters on school behavior the time, which I don’t have here, read- He had the support of IDEA. from any school in the country. Public ing letters that have been written by Mr. President, I talk about that be- schools are still the safest place in parents who say their children have cause in these debates we hear about America for children, and we know the learned how to love because they have discipline problems and all the things number of incidents taking place in a child in the class who has learning that are happening. We forget the hun- public schools generally in any event. disabilities, and we know the problems dreds of thousands of success stories You could get 1,000 letters from many they have. We have spent time working that happen because of the Individuals cities on kids and their concerns about with those children and other children with Disabilities Education Act, such safety. as the one I just mentioned here with We have to do something about it. who come together. Do you want to Lee Alderman. Yet we pick out a prob- We are trying to do something about throw those kids out? Do you want to lem in this school or one in that school it. We have included that in the legisla- throw them out because they have had and we blame the kids with disabil- tion. I will not spend the time in re- a cigarette outside in the lobby which ities. I don’t know why we continue to viewing that at this moment, but we was not related to their disability? do that. have taken many steps to ensure safer Throw them out? My goodness. If we I have pointed out many times how I and better education in the commu- are going to have to have a full debate, have looked at schools where they have nity. let’s do it, but do it on the reauthoriza- Let’s look at student discipline. In tion. Let’s not take the final hours discipline problems, and they get a new January 2000, just 2 years ago, we here to throw them out of school. That principal and institute procedures ac- adopted new disciplinary procedures is what this amendment does, make no cording to the Individuals with Disabil- for the public schools. Here is the GAO mistake about it. ities Education Act, and their problems report: This is a basic major retreat, Mr. go away. The easy thing is always to get a kid Nevertheless, responding principals gen- President, on the march of progress for erally regarded their overall special edu- disabled children. It is unworthy of with a disability out of the classroom, cation discipline policy as having a positive this body, with the progress that we segregate them. My principal objection or neutral effect on the level of safety and have made, to go backward. That is to the Sessions amendment is that it orderliness in their schools. where this amendment takes us. We results in segregation—we are going to That is the GAO. That is not anec- have a very solid alternative which is once again turn the clock back to the dotal. That is not coming here to the responsive to any of the continuing days when we segregated kids with dis- Chamber and reading four or five let- challenges. It has been offered by Sen- abilities, when we took kids from their ters from students. That is what the ator HARKIN. Every Member can vote homes and their communities and sent General Accounting Office said. They for it with pride and hold their head them sometimes halfway across the are not advocating my position or the high. I give assurance to the Senator State to live in an institution to go to position of the Senator from Alabama. from Alabama, if he wants to do that a special school. They are trying to give us the facts, next year, he can be our first witness As I said last night, that is my per- and these are the facts. The facts are on the reauthorization of IDEA. If he sonal story. My brother, who was deaf, not the anecdotal message of the Sen- wants other people on the panel that was taken from his home, his commu- ator from Alabama. sustain his position, we will welcome nity, his family, his friends, and sent That is what is happening out there. them, too. halfway across the State to a boarding Now, you can go through the study and Let’s not effectively undermine the school for the deaf and the dumb, as you will find out that 27 percent of the solid progress that we have made for they called it in those days. He was principals report that a separate dis- children in this country over the period segregated from his family, his com- cipline policy for special education—20 of the last 25 years. That is what the munity, only because he was deaf. Mr. percent reported that the disciplinary Sessions amendment does. We should President, I don’t want to go back to procedures for IDEA are burdensome reject it. those days—back to the days when and time consuming. I would like to do I withhold the remainder of my time. these kids were shuffled off to institu- something about that, but we are not The PRESIDING OFFICER. Who tions. doing that here on the last 1-hour time yields time? That is why we passed the Individ- distribution on the Elementary and The Senator from Iowa. uals with Disabilities Education Act— Secondary Education Act. We ought to Mr. HARKIN. Mr. President, par- to mainstream kids. That is why we be able to do something on it. liamentary inquiry. How much time re- passed the Americans with Disabilities I would like to get the best people mains? Act—to say that it is wrong to dis- here, the GAO people who wrote that The PRESIDING OFFICER. The Sen- criminate against anybody, not just on report. I would like to hear their testi- ator has his own time, 15 minutes. the basis of race, sex, color, creed, na- mony and get their recommendations. I Mr. HARKIN. Mr. President, I want tional origin, but also disability. As a would like to help those schools. to associate myself fully with the result of this, kids with disabilities But that isn’t what this amendment statement just made by the chairman have gone to school with their friends is all about. That is not what this is all of our committee regarding the amend- and their neighbors, kids they know

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6243 and with whom they associate. It has to Sec 615K’’ which does provide that. wipes that out. Under IDEA, as the law provided opportunities for these kids The Senator’s amendment does not is constituted today, that child will with disabilities. But more than that, provide that. I ask him to look at that. continue to get services. it has provided the opportunities for That is not provided. Two years ago when I offered this kids without disabilities to be inti- To me, that was the biggest problem. amendment on the juvenile justice bill, mately associated in the classroom I have other problems with his amend- I had major police and law enforcement with kids who do have disabilities. I be- ment. That is the single biggest prob- agencies of America supporting my lieve both have gained from this expe- lem right there. I point that out. amendment because they wanted to rience. I don’t want to turn the clock Look at my amendment; I put in the continue educational services to these back. words ‘‘pursuant to Sec 615K.’’ kids. The Sessions amendment basically That is one big problem with this Law enforcement and parents all would allow that segregation—take the amendment. The second problem is the agree that ceasing services is the kid out and put him in some segregated cessation of services, and this is equal- wrong answer, and yet I point out to setting, without the protections of cur- ly as important, perhaps, as the seg- my friend from Alabama, under para- rent law. regation. graph (C) of his amendment, all of Under IDEA, the law as it is pres- I agree with the Senator from Ala- these services are ceased. My amend- ently constituted, can a child with a bama; if a student with a disability ment leaves the same language as the disability be segregated? The answer is violates a school rule and if that be- Senator from Alabama, except I say yes. If that child is a safety risk to havior is not related to his disability, ‘‘except as provided in 612(a)(1)’’ which himself or herself, or to others. And, that child should be disciplined in the means they continue the services. They even if it is a manifestation of their same manner as any other child, and can still be kicked out of school, make disability, that child can be segregated, IDEA allows for that. no mistake about it. They can be but only after a process in which the Under the Individuals with Disabil- kicked out, but educational and other school has to show that they have pro- ities Education Act, let’s say a child services that a disabled child needs will vided adequate services for this kid. with a disability is caught smoking in continue. Last night, I gave an example of a the parking lot and that is a violation I have lived with this now for most of child in a classroom. They had a TV of school rules but it is not a mani- my life. I have lived with IDEA for 26 monitor. He was watching it. The kid festation of that child’s disability. years. It just seems as if every year we was deaf and some of the educational That child can be disciplined just as get some amendment that comes up to materials were put on the television any other child who was caught smok- do something about kids with disabil- monitor. But there was no captioning ing in that parking lot. No ifs, ands, or ities and discipline in school. Look, I on it. So this went on, I don’t know buts about it. do not mind, I say to my friend from how long—a couple of days. Then the Here is the point: They can be dis- Alabama, if he wants to do something kid started throwing things. Then he ciplined, but the educational services about discipline in schools. I am sure started punching the kid next to him cannot be stopped. We continue the there is something we can do about dis- and things like that. Well, they kicked services to this child. cipline in schools without encroaching him out of the class. But, because of Here is the difference between the ap- on local control. But why focus on kids IDEA, there was a process to find out proach of the Senator from Alabama with disabilities? Why pick on the why that child acted out. When they and mine. I do not believe educational most vulnerable of our society? When brought in an interpreter, they found services ought to be stopped for any we look at all of the school shootings out the kid was frustrated because he child. Two years ago, we had the juve- from Columbine to Oregon to Pennsyl- could not understand what was going nile justice bill before the Senate. I of- vania, and I think there was one in Ar- kansas, not a one of those involved a on. He was not getting the proper serv- fered an amendment at that time, child with a disability—not one. Yet ices. Under the Sessions amendment, which was adopted, which said that if a every time we have something like that would not happen. That kid could student with or without a disability that flare up, there is always an be taken out, if he done something like was disciplined and was segregated or amendment that comes out that goes that, without the protections of cur- moved out of the school setting, edu- after kids with disabilities. It is not rent law and could be segregated from cational services had to be continued. Why is it that if we are going to right. It is not fair. that classroom. We have been through this before. We Mr. SESSIONS. Will the Senator expel a student, we are just going to throw them out on the street? We shift have been through it time and time yield for a question on that? again. I repeat for emphasis’ sake what Mr. HARKIN. Just one minute. Yes, I the problem to the streets when it may be a family problem or it could be a the Senator from Massachusetts said. will yield, but I may ask for more time We had a GAO study done of this. I if I yield. I would not mind getting into host of reasons why this young person is acting up. wanted to get a study done to find out a discussion. whether or not kids in special edu- Mr. SESSIONS. I would not want the The juvenile justice bill continued cation were getting special treatment due process hearing to be eliminated. I services for every child, not just kids with disabilities, but every child who in the schools. Here is what the GAO don’t intend to do that in the legisla- report said in January, and I quote: tion. If there is any language there was disciplined and removed from a school setting continued to receive Special education students who are in- that does that, I will be glad to discuss volved in serious misconduct are being dis- it with the Senator. I do not believe it educational services. ciplined in generally a similar manner to does. My approach was to expand the con- regular education students based on informa- Mr. HARKIN. Mr. President, if you cept of IDEA to all students. The ap- tion that principals reported to us and our look at my amendment, section 2, limi- proach of my friend from Alabama is review of the limited extent research. tation, in general—— let’s take away everything, all of the That means IDEA is not limiting the Mr. SESSIONS. The Senator’s services, even from kids with disabil- ability to discipline children with dis- amendment or mine? ities. That is the difference in ap- abilities. Really, what the Sessions Mr. HARKIN. My amendment. proach. If one believes that a kid with amendment does is, under the guise of Mr. SESSIONS. The Senator said a disability who is caught smoking in discipline, it will allow schools to turn mine eliminated a due process hearing. the parking lot and is kicked out of the clock back and segregate these I would like for him to say where it school because that is the school policy kids again. It will allow us to turn the does that. ought to be thrown on the street and clock back and stop services to these Mr. HARKIN. Right in ‘‘(2) Limita- receive no educational support, no edu- kids. tion.—(A) In General.—’’ where you say cational services, then that is what the As the Senator from Massachusetts ‘‘shall receive a free appropriate public Sessions amendment does. But if one said, we know a lot of times families education which may be provided in an thinks that child should continue to with kids with disabilities are strug- alternative educational setting.’’ My receive educational services, that is gling. They do not have a lot of where- amendment adds the words ‘‘pursuant not contained in his amendment; he withal. Kids get kicked out, they get

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6244 CONGRESSIONAL RECORD — SENATE June 14, 2001 disciplined, families throw up their ing to undertake anything that would Why does the disability act come up hands, the kids get thrown on the be detrimental to children with disabil- in the U.S. Congress? Because it is a streets, and they never come back. ities. Federal law that is controlling our They do not come back. We all know I want him to understand clearly teachers and principals. When they ex- what happens then, and we know what that under the example cited about a press concern to us, we should listen. happens to them after that. They wind child who was frustrated because they I am pleased to yield 7 minutes to the up in our jails, in our prisons. could not hear the television—and distinguished Senator from Virginia, We have taken major steps in this some of those things happen—under Mr. ALLEN. He was a former Governor country to integrate kids with disabil- this amendment I have presented, that and was deeply involved in education. ities. child could not be removed without a Mr. KENNEDY. How much time re- The PRESIDING OFFICER. The Sen- manifest determination hearing, and if mains? ator’s time has expired. in any hearing that would occur it is The PRESIDING OFFICER. The Sen- Mr. HARKIN. I ask unanimous con- clearly shown there was a connection ator from Massachusetts has 4 minutes sent for 5 minutes. between his disability and his behavior, 23 seconds; the Senator from Iowa has Mr. SESSIONS. Objection. Five min- he could not be denied school services. 11⁄2 minutes; and the Senator from Ala- utes is a bit much at this time. That is the difference between our bama has 13 minutes 49 seconds. The PRESIDING OFFICER. Objec- amendment and the one that passed Mr. KENNEDY. I am interested be- tion is heard. the House a few weeks ago in May that cause I thought we had an hour evenly Mr. HARKIN. I ask unanimous con- does not provide for the hearing. Under divided at 9 o’clock. I know we went to sent for 3 more minutes. the House bill that passed by 250 or 40- this a few minutes after 9. Mr. SESSIONS. OK. Three on each some-odd votes, they would be treated The PRESIDING OFFICER. There side? as any other child for disciplinary pur- was an additional 6 minutes added by Mr. REID. Reserving the right to ob- poses. unanimous consent. ject, I think we should have 3 minutes Mr. GREGG. Will the Senator yield? Mr. KENNEDY. I thank the Chair. for the opposition to this amendment Mr. SESSIONS. I yield. The PRESIDING OFFICER. The Sen- also. Mr. GREGG. I yield such time as I ator from Virginia. Mr. HARKIN. Sure, that is all right. may have under this amendment to the Mr. ALLEN. Mr. President, I rise in Mr. SESSIONS. Three minutes a side Senator from Alabama. support of the Sessions amendment is fine. The PRESIDING OFFICER. Without which would properly return the abil- The PRESIDING OFFICER. Without objection, it is so ordered. ity to the local schools and principals objection, it is so ordered. Mr. SESSIONS. For example, it says to establish and implement uniform Mr. HARKIN. Mr. President, as I was for disciplinary purposes the children discipline policies applicable to all saying, we have come a long way, and shall be treated equally. children in our States and school dis- we should not turn the clock back. On ‘‘(2) LIMITATION.— tricts. this very bill we are discussing, Sen- ‘‘(A) IN GENERAL.—A child with a disability I have been listening to a lot of com- ator HAGEL and I offered an amend- who is removed from the child’s regular edu- ments back and forth. One of the rea- ment that fully funds the Individuals cational placement under paragraph (1) shall sons this issue comes back year after with Disabilities Education Act that receive a free appropriate public education year after year is that it is an issue in we passed 26 years ago. That is in this which may be provided in an alternative edu- local schools year after year after year cational setting if the behavior that led to bill. It is not an authorization; it is ac- the child’s removal is a manifestation of the and it becomes an issue in campaigns. tually an appropriation in this bill, and child’s disability, as determined under sub- The issue is not whether or not we it was adopted unanimously by the paragraphs (B) and (C) of subsection (k)(4). support IDEA or support education and Senate by voice vote. That means ‘‘(B) MANIFESTATION DETERMINATION.—The helping those with disabilities. We school districts now will have more manifestation determination shall be made clearly all agree with that. The issue is Federal funds coming in to help them immediately; if possible, but in no case later whether or not we are going to have a provide the services these kids need. than 10 school days after school personnel uniform standard of conduct applicable decide to remove the child with a disability to all students within a public school Let’s not resegregate these kids until from the child’s regular educational place- we see the outcomes of full funding. We ment. system. That is the issue. are now going to give the schools the I was involved in this issue from the I wanted to get that straight. I know support and the finances they need to first month I came in as Governor of the Senator cares deeply about that. make sure they get the appropriate Virginia in 1994 where we had these Mr. HARKIN. Will the Senator yield? problems with this Federal law. We services for these kids with disabil- Mr. SESSIONS. Yes. took the Department of Education to ities. Mr. HARKIN. I point out to the Sen- court in Commonwealth of Virginia v. The amendment I have pending in ator, in all fairness, the paragraph just Riley. We went to the appellate court many ways is similar to the amend- quoted leaves our ‘‘pursuant to section and prevailed. Then in 1997 our victory ment of the Senator from Alabama, but 615(k)’’ of the underlying bill which for maintaining order and discipline in it does not segregate and it does not provides for that due process hearing. our schools was taken away by the ac- stop services. It does allow schools to That is not in your amendment. tion of the House and the Senate. discipline kids with disabilities, it al- Mr. SESSIONS. Our amendment fur- I can promise the Senator from Iowa, lows them to even kick them out, but ther says: it does not allow them to segregate or the Senator from Massachusetts, and (A) REVIEW OF MANIFESTATION DETERMINA- stop services to the kids with disabil- the Senator from Alabama that dis- TION.—If the parents or the local educational ities. I think that is a vital, important agency disagree with a manifestation deter- cipline or expulsion is not taken light- difference between these two amend- mination under subsection (n)(2), the parents ly in Alabama or Virginia—or I can’t ments. or the agency may request a review of that imagine in any school. To accuse our I yield the floor. determination through the procedures de- educators, our States, our school The PRESIDING OFFICER. The Sen- scribed in subsections (f) through (i). boards of wanting to unfairly discrimi- ator from Alabama. current law, and we provide for the hearing. nate against students with disabilities Mr. SESSIONS. Mr. President, I will Mr. HARKIN. Later, after they are and shirking their responsibility by un- take managers’ time. kicked out. fairly expelling them is unfounded and The PRESIDING OFFICER. The Sen- Mr. SESSIONS. The school gets to wrong. ator from Alabama was yielded 3 min- protect the students until it is com- It is not a question of a kid smoking utes. plete, no later than 10 days. I think the a cigarette in the parking lot. The Mr. SESSIONS. I will take that time. school system ought to be given some issues are students who set up cocaine Let me respond first to the distin- deference. The principals and the rings, sell explosives that blow off a guished Senator from Iowa. I know how teachers love children. They care about child’s hand, or bloody another student deeply he cares about this issue. I un- their school. They want to do the right with brass knuckles. If a child has an derstand his concerns. We are not try- thing. We have pounced on them. epileptic fit and breaks a teacher’s

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6245 nose, that is usually a mitigating fac- I give you the General Accounting The amendment Senator HARKIN has tor so a child will not be expelled. Office report that says there is no such introduced is very clear in what it per- Here are actual cases in Fairfax thing that is happening. This is not mits, what it allows. The amendment County, not too far from here, in public something we are proposing. This is a says that students with disabilities schools. A group of students brought in study on discipline and school behav- will continue to have services, even if a loaded 357 magnum handgun. It was ior. If you can find the words ‘‘guns, they are suspended or expelled. It re- recovered in the school building. The bombs, and drugs’’ in here, go ahead tains the noncessation of service provi- non-special-education students were and find them. It reaches entirely dif- sions in current law and ensures that expelled. One student, however, was ferent conclusions. behavioral supports are available to identified as learning disabled due to Mr. ALLEN. Will the Senator yield? children so they may continue to learn. the student’s weakness in written lan- Mr. KENNEDY. No, I don’t yield. You The PRESIDING OFFICER. The Sen- guage skills. The team reviewed the talk about it, that it comes up in cam- ator has used his minute and a half. evaluations and found there was no paigns. You bet it does. And we have Mr. KENNEDY. I will take the last causal relationship between the stu- just heard it, we have just seen it. We minute. dent’s writing disability and the stu- just heard and understand the reasons. We are agreeing with Senator SES- dent’s involvement in the weapons vio- If there is a problem, as the Senator SIONS; a uniform policy for students lation. The student was not expelled. from Alabama says, we don’t find it in with or without disabilities is appro- That student later bragged to teachers the General Accounting Office report. priate. Where we differ is in the ulti- and students at the school that he Anyone can get anecdotal information mate outcome. If you want to change could not be expelled. that there is a problem here and there the IDEA law, let’s do it when we do re- In another recent case in Fairfax in some schools. But that just doesn’t authorization. High School, a student was part of a happen. That is not the case. That is I have invited the Senator from Ala- gang that was involved in a mob as- not what the General Accounting Of- bama to come to our hearing. I will in- sault on another student. One student fice in its report of January of this vite the Senator from Virginia to come involved in the melee used a meat hook year stated. and make the presentation. But to as a weapon. Three of the gang mem- Mr. ALLEN. Will the Senator yield? change this march we have had—not bers were expelled; the other two who Mr. KENNEDY. If you have a dif- since 1994, but many of us have been were special ed students were not ex- ferent conclusion from that, present it. here since 1974, at a time when 5 mil- pelled and are still in the school. But just to say look, there are guns, lion children were being put in closets These are the real situations where bombs, and drugs, all these disabled and not educated—not 1994, and we there is not an equal or fair adminis- children all over, disrupting, dis- know who has been discriminated tration of standards of conduct in the rupting—we are used to that. We have against—we are not going to march schools. I think we all care about good heard that kind of presentation. That backward. school conduct. We want small class is not what this is about. These chil- This is a major retreat in providing sizes, good academics, good assess- dren have faced these challenges along mainstreaming for the children of this ments, empowerment of parents, and the line. This is what the General Ac- country which is not only the right all the rest. What also is important is counting Office report says. educational policy and the right, de- a conducive learning environment. Mr. ALLEN. Will the Senator yield? cent thing to do, but is also com- We need to trust in and take care to Mr. KENNEDY. I have limited time, manded to be done by the Supreme allow the responsibilities for maintain- Senator. I was here last evening ready Court. ing order and discipline in schools to be to debate it, and I was here earlier I hope the amendment of the Senator where they properly belong and not ready to debate it. from Alabama is defeated and the have a Federal law that really justifies Mr. ALLEN addressed the Chair. amendment of the Senator from Iowa a double standard on discipline for dis- Mr. KENNEDY. I ask for order, Mr. is accepted. abled and nondisabled students, despite President. Who has the floor? Mr. BYRD. Mr. President, I recognize our shared efforts to ensure equal The PRESIDING OFFICER. The Sen- that the issue of educating children treatment and inclusion into a main- ator from Massachusetts has the floor. with disabilities is complex. There are stream system. Mr. KENNEDY. How much time do I many factors to take into consider- The Sessions amendment would re- have? ation as we try to determine the best turn authority for all students back to The PRESIDING OFFICER. The Sen- possible policy to make sure that all the States and local schools where it ator has 21⁄2 minutes. children receive a quality education. I belongs. It is for the parents, teachers, Mr. KENNEDY. I yield myself 11⁄2 have no doubt that this amendment is and community, not Washington, to minutes. intended to improve the educational know what is best for students. We This is what it says: opportunities for disabled students, but want to provide students with a safe Special education students who are in- I have concerns that the amendment learning environment, but we do not volved in serious misconduct are being dis- fails to provide protections to make need any illogical interference from ciplined in generally a similar manner to sure that parents of children with dis- regular education students, based on the in- abilities are not pressured into remov- the Federal Government. formation principals reported to us and our I hope my colleagues will support the review. ing their children from public schools. Sessions amendment. I thank Senator [P]rincipals generally rated their school’s If a system of protections were in- SESSIONS for his brave leadership on special education discipline policies . . . as cluded, I would likely support this this issue. I ask Senators to stand by having a positive or neutral effect on the amendment. your local schoolteachers, stand by level on [school] safety and orderliness. Further, this bill is not the appro- your principals, by providing fair and That is what this report, the General priate place to resolve this complicated equal standards of conduct for all stu- Accounting Office report, says: issue. In view of the fact that this Con- dents, and please support the Sessions Based on our analysis of disciplinary ac- gress will reauthorize the bill that amendment. tions and past research, regular education guarantees an education to children I yield the remainder of my time. and special education . . . were treated in a with disabilities, the Individuals with Mr. KENNEDY. Mr. President, I am similar manner. Disabilities Education Act, IDEA, I be- absolutely amazed and shocked at the There is the General Accounting Of- lieve Congress should wait for that op- comments of the Senator from Vir- fice report. We have, with 1 hour on the portunity to make significant changes ginia, talking about drugs, guns, and reauthorization of this act, a proposal in policy concerning educating disabled bombs. Why didn’t they call 911? They that is going to take away the kind of children. That will allow us to fully de- can be held and expelled. Now we are education support systems the Federal bate these important issues, examine finding out what this is all about: Government pays for—not Virginia the alternatives, and come to a clearer Guns, drugs, and bombs in schools— pays for but the Federal Government understanding of how to best educate that disabled children are doing it? pays for. That is the effect of it. disabled children in this country. I am Demonstrate it. You wanted to wipe that out. voting against this amendment today,

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6246 CONGRESSIONAL RECORD — SENATE June 14, 2001 but I look forward to revisiting this dents, the law may unintentionally establish and implement uniform poli- issue during the reauthorization of the harm the educational progress of other cies regarding discipline applicable to IDEA. students in the classroom. all children. This would allow school Mrs. CLINTON. Mr. President, I rise Senator SESSIONS’ amendment at- personnel to remove students from today in opposition to both Senator tempts to fix this problem by elimi- school for disruptive behavior, if such SESSIONS’ and Senator HARKIN’s nating all due process for children with behavior is determined not to be a amendments, which attempt to reach disabilities who have disciplinary prob- manifestation of the student’s dis- the goal of helping school districts es- lems. Senator HARKIN’s amendment, on ability. The amendment further states tablish and implement discipline poli- the other hand, attempts to address that school districts must provide edu- cies that are consistent for every child the problem by encouraging local cation services to such students in an in the school district. school districts to implement uniform alternative setting. Although I agree I strongly believe that we do need to discipline policies while, at the same with my colleague that schools should come to a resolution in Federal law time, recodifying current IDEA law as strive to uphold such provisions, I be- that will help school districts appro- it relates to the discipline policy. lieve there may be special exemptions priately discipline students when they I oppose these amendments because I to this, such as when a student poses a act out violently or in a way that dis- do not believe that either amendment violent threat to educators and other rupts the learning of other students, adequately addresses the problem of students. but that we should be certain that our working toward a uniform discipline I share the concern raised by my col- actions do not punish children for their policy that allows school administra- league from Alabama and have voted in disabilities. tors to maintain discipline so that all the past to reform discipline provisions The problem we have, at hand, is children are offered the opportunity to to ensure safe and orderly learning en- that the 1997 IDEA reauthorization, as learn and are not interrupted due to vironments. However, such an impor- passed and implemented, has developed the actions of one child, while pro- tant issue deserves our full consider- a separate discipline policy for children tecting the civil rights of children with ation and attention and I believe we in special education, which many disabilities to receive a free and appro- should deal with this in the context of school superintendents have found un- priate education. IDEA reauthorization so we can have a equal and unfair in their efforts to There is much work we need to do on fuller debate and adopt a more com- maintain discipline in their schools. In this issue and I believe that we should prehensive approach. fact, a recent GAO report, published in develop balanced policies that can be I look foward to working with both of January of this year, found that while part of the discussion and debate dur- my esteemed colleagues on these and many principals believe that the dif- ing the 2002 reauthorization of IDEA. other important elements of the IDEA fering school policies had a neutral ef- We need to look for policies that help when it is reauthorized next year. fect on their schools, 27 percent of prin- prevent children with discipline prob- The PRESIDING OFFICER. The Sen- cipals did believe that a separate dis- lems from unnecessarily being identi- ator from Alabama. cipline policy for special education stu- fied as in need of special education. We Mr. SESSIONS. How much time re- dents is unfair to the regular student need to ensure that quality alternative mains on this side? population. educational settings are developed for The PRESIDING OFFICER. The Sen- Now, I want to be very clear that my those students who need alternative ator has 8 minutes 42 seconds. intention is not to go back to the pre- placements. And, most importantly, we Mr. SESSIONS. I yield 3 minutes to 1975 days when students with disabil- need to fully fund IDEA so that chil- the Senator from Virginia. ities were segregated from the regular dren with disabilities receive appro- Mr. ALLEN. Mr. President, in re- student population or, even worse, priate treatment. sponse to some of the remarks by the were denied education all together. In Mr. BAYH. Mr. President, I rise Senator from Massachusetts, let me fact, in the early 1970s, I walked door today to explain my vote against the say this is not an issue about trying to to door trying to figure out why so Sessions amendment. I do believe that deprive those students with disabilities many children were staying home from we need a more uniform standard of of an education. This is an issue of school. The census, at the time, showed discipline for disabled students, how- standards of conduct. Oh, sure, the that there were 2 million children out ever, I do not believe that it is prudent Federal Government does put some of school so the Children’s Defense for the Senate to consider such an im- money into IDEA, but most of it does Fund worked to answer the question of portant policy matter in such a short come from the taxpayers of the Com- why these children were not in school. amount of time. I share several of the monwealth of Massachusetts, the Com- While working for the Children’s De- Senator’s concerns about the need to monwealth of Virginia, and the State fense Fund, I was one of the research- revisit the discipline language in the of Alabama. That is the whole issue of ers who found that approximately Individuals with Disabilities Education the Harkin-Hagel amendment in the 750,000 of these children were being Act, but I do not believe the reauthor- first place. It has been an unfunded kept out of school because they were ization bill for the Elementary and mandate. handicapped. This research led to the Secondary Education Act is the appro- To cite the comments and cast asper- first-ever report by the Children’s De- priate vehicle. The reauthorization of sions on my remarks, which were fense Fund, ‘‘Children out of School in the Individuals with Disabilities Edu- taken from a court decision—these in- America,’’ which helped provide solid cation Act is expected to be considered dividuals from Richmond City public research to pass the Education for All next year. I look forward to having a schools, Fairfax County public schools, Handicapped Children Act of 1975. fuller debate on this complex issue at were under oath. Just because a Gen- As the Progressive Policy Institute that time. eral Accounting Office report doesn’t so eloquently concluded in a recent re- Mr. LIEBERMAN. Mr. President, I refer to these situations doesn’t mean port, thanks to this law ‘‘today many rise to give an explanation for votes they did not occur. Those individuals disabled children in America have the that I made earlier today on the presented themselves before a court opportunity to obtain high-quality amendment offered by my colleague and swore under oath what happened. educational experience tailored to Senator SESSIONS and the second de- There are school records of it. They their needs and circumstances, the pri- gree amendment offered by Senator were subject to cross-examination. orities of their parents, and the judge- HARKINS. I voted against these amend- For the Senator from Massachusetts ments of their teachers.’’ This report ments because ultimately I believe to say these are just concocted, fal- goes on, however, to point out that the that we should consider such proposals sified stories, unfortunately is not an law has not kept up with the chal- when the Senate debates the reauthor- accurate statement. These are inci- lenges faced by today’s schools. Dis- ization of the Individuals with Disabil- dents that occur time after time. cipline is a primary example. While ities Education Act, IDEA, next year. The Senator from Alabama and I are IDEA provides protection for disabled I support the provisions in the Har- not saying that disabled students cause students, many believe it goes too far. kin amendment that would allow trouble all the time. But it does hap- That, while protecting disabled stu- States and local education agencies to pen, from students who are disabled

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6247 and students who have no disabilities know the Federal Government is not our teachers or busdrivers to be subject —they cause problems in schools. We paying for this. We know we are paying to violence by kids who may harm think the standards of conduct should only a fraction of the cost. It is basi- them or harm themselves. None of us be fair and equal in their treatment, cally an unfunded Federal mandate on wants that. We want safe schools. with proper due process and equal pro- local schools in America. They are re- That is why in the process of 26 years tection. That is what the issue is, and quired to do all of these things. we have worked hard on a bipartisan no amount of unfair aspersions, raised Newsweek had an article on a stu- basis in the Senate and in the House to voices, and histrionics can avoid the dent who was called ‘‘the meanest kid fashion and change this legislation so facts of what we are trying to do, to in Alabama.’’ He had an aide who went that we meet the needs of those public preserve local autonomy and safe with him from the time he got on the schools. That is what the 1997 bill was schools as well as equal and fair treat- schoolbus until the time he got to all about. It is working. Let’s not turn ment. class, all through class, and then on the clock back and segregate these I yield whatever time I had. the way home on the bus. One day he kids as we did in the past. We have The PRESIDING OFFICER. The Sen- assaulted the schoolbus driver, and the come too far for that. That is what the ator from Alabama. aide, I think, tried to stop him. Sessions amendment does. It just seg- Mr. SESSIONS. Mr. President, the Those are the kinds of problems we regates these kids. school system does treat differently have created under this law that seems Mr. SESSIONS. Mr. President, how students who bring drugs and guns to to be impossible to deal with. I think much time remains? school. There is no doubt about that. I the Disabilities Act is a historic step The PRESIDING OFFICER. One know Senator HARKIN feels strongly forward. We want to keep every child minute thirty-two seconds. about this, and Senator KENNEDY does. in the regular classroom who can pos- Mr. SESSIONS. Mr. President, the Senator HARKIN and Senator KENNEDY sibly be kept there. Harkin amendment does not do the job. opposed, when we had 74 votes on the I have visited schools in Alabama. I juvenile bill, an amendment that sim- I urge its defeat. It has the pretense of have seen schools with children in improving the law, but it does not in ply said if you bring a gun to school, wheelchairs in the classroom. I have you can be treated as any other child any way. seen blind children in the classroom. I Under the amendment, the schools for disciplinary purposes. That got 74 think that is wonderful. But if a child votes in this body. It is time to do would not be free to set uniform dis- in a wheelchair sells dope, should they cipline provisions for all students. The something about this. be treated differently from any other Do we not love children if we simply double standard that now exists would child who sells dope in school? say a child who acts illegally, who continue to exist. Our amendment does That is all we are saying. But even abuses other children, who is sexually not completely remove the double then that child would have to have a aggressive against girls in the class- standard, but it makes substantial hearing, and the school would have to room, even teachers, who curses teach- progress after providing a hearing to show that the action he was being dis- ers in the classroom—engaging in that that student to ensure they are treated ciplined for was not a result of the dis- activity, if it is not connected to their fairly. Even if the bad behavior that a ability before he could be removed disability, should they be protected school seeks to address in the class- from the classroom. and given a special status, as they ab- room has no relation to the child’s dis- This is a modest step forward to deal solutely are here? ability, the school would be forced to All this amendment says is, if a child with a problem that is very real for keep that disruptive or even violent teachers all over this country. If you has a disability, as Senator HARKIN student in the classroom. used the example, a hearing disability, go into their schools and talk to them, If a child, for example, were blind, and that is connected to their mis- you will hear them talk about it. If you and if there were an excellent blind behavior, then they cannot be denied have friends who are teachers, ask school nearby, the Harkin amendment services in the school. They can remain them about it. would deny the school and the parent there, and they are entitled to a hear- There are many actions in this legis- the right to agree—it would take both ing even on whether or not they go to lation that are unfair and cannot be of them agreeing—to accept the aver- a special classroom. justified, in my opinion. age daily allowance for that student Mr. President, I reserve the remain- We do not deny hearings. But we are and apply that to that school, if the der of my time. simply saying it is time for the school parent wanted to make up the dif- The PRESIDING OFFICER. The Sen- principals and teachers to be given ference and get the kind of high-qual- ator from Iowa. some respect. It is time for school stu- ity education that might not be avail- Mr. HARKIN. Mr. President, I under- dents, as the 14-year-old about whom I able in that school. stand there are 11⁄2 minutes remaining. read here, who said she can’t respond I believe this is a concern for chil- but she is abused regularly—her glasses The PRESIDING OFFICER. That is correct. dren. I believe it is compassionate in are knocked off. The girl told her she every way. It simply tries to give our was going to kill her, and she was Mr. HARKIN. Mr. President, I ask the Senator from Virginia if he would beleaguered principals, teachers, and afraid to go to school. That child is schools more options to deal with a getting no relief and cannot get it, it please provide to my office these specific examples and the schools because very real problem. seems. I thank the Chair. I urge defeat of I believe we have a modest step for- I would like to take a look at those. I the amendment. ward in making progress. Unfortu- would like to look at them because, The PRESIDING OFFICER. All time nately, the Harkin amendment under- under the 1997 bill that we passed, if has expired. mines everything the amendment I you bring a bomb or a gun or drugs to The question is on agreeing to have offered seeks to do. school, you are out. You are out. So I It is return to the status quo. It is re- would like to ask publicly if the Sen- amendment No. 802. turn to the Federal Government micro- ator from Virginia would provide those Mr. KENNEDY. Mr. President, I ask managing school classrooms and dis- to my office so we can take a look at for the yeas and nays. cipline problems. It is not healthy for those to see why there is this disagree- The PRESIDING OFFICER. Is there a America. ment. In the 1997 bill, which we passed sufficient second? All we are trying to do is exact some 98–1 on the Senate floor, if you bring a There is a sufficient second. balance. The House passed a much bomb or drug or guns to school you are The clerk will call the roll. stronger bill earlier last month with out. The assistant legislative clerk called 246 votes. That vote did not provide the I say to the Senator from Alabama the roll. kinds of hearings that our bill does. I that I realize he has good intentions. The PRESIDING OFFICER (Mr. MIL- believe this is the right approach. It is All of us want discipline in schools. I LER). Are there any other Senators in time to respond to the educators. brought two kids through public the Chamber desiring to vote? Senator KENNEDY says the Federal schools. Of course, we want discipline The result was announced—yeas 36, Government is paying for this. We in our public schools. None of us wants nays 64, as follows:

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6248 CONGRESSIONAL RECORD — SENATE June 14, 2001 [Rollcall Vote No. 187 Leg.] on a daily basis. Most of you have The PRESIDING OFFICER. Without YEAS—36 heard from your teachers and schools. objection, it is so ordered. Is all time Akaka Dayton Mikulski You know the way we are admin- yielded back? Biden Dodd Murray istering the Disabilities Act does not Mr. SESSIONS. Yes. Boxer Feingold Nelson (NE) work. Mr. HARKIN. Yes. Byrd Harkin Reed Cantwell Hollings Reid My amendment would simply say Mr. SESSIONS. Mr. President, I ask Carnahan Inouye Rockefeller that a child, after a hearing where it is for the yeas and nays on the amend- Carper Jeffords Sarbanes found that they are disruptive or per- ment. Chafee Kennedy Snowe The PRESIDING OFFICER. Is there a Cleland Kerry Specter form an illegal or improper act in Collins Kohl Stabenow school that was not a product of their sufficient second? Corzine Leahy Torricelli disability, would be treated, for dis- There is a sufficient second. Daschle Levin Wellstone ciplinary purposes, as any other child. All time having expired, the question NAYS—64 That would mean that a child who sold is on agreeing to amendment No. 604, Allard Ensign McCain dope, even though they may have a mo- as modified. Allen Enzi McConnell bility disability, would be treated as The clerk will call the roll. Baucus Feinstein Miller any other child that sold drugs in a The legislative clerk called the roll. Bayh Fitzgerald Murkowski The PRESIDING OFFICER. Are there Bennett Frist Nelson (FL) classroom. I think that is the right ap- Bingaman Graham Nickles proach. any other Senators in the Chamber de- Bond Gramm Roberts The House passed a bill much strong- siring to vote? Breaux Grassley Santorum The result was announced—yeas 50, Brownback Gregg er which said flatout that any child, Schumer Bunning Hagel whether disabled or not, would be nays 50, as follows: Sessions Burns Hatch [Rollcall Vote No. 188 Leg.] Shelby treated the same for disciplinary pur- Campbell Helms poses. YEAS—50 Clinton Hutchinson Smith (NH) Cochran Hutchison Smith (OR) This is a more modest step, but I be- Allard Fitzgerald McConnell Conrad Inhofe Stevens lieve a good step, in dealing with the Allen Frist Miller Craig Johnson Thomas problem that we are hearing about Bennett Gramm Murkowski Crapo Kyl Thompson from all our teachers. I urge passage of Bond Grassley Nickles DeWine Landrieu Thurmond Breaux Gregg Santorum Domenici Lieberman Voinovich the amendment. Bunning Hagel Sessions Dorgan Lincoln Warner The PRESIDING OFFICER. Who Burns Hatch Shelby Durbin Lott Wyden yields time in opposition? The Senator Campbell Helms Smith (NH) Carnahan Hutchinson Edwards Lugar Smith (OR) from Iowa. Cochran Hutchison Stevens The amendment (No. 802) was re- Mr. HARKIN. Mr. President, I know Conrad Inhofe Thomas jected. Craig Johnson that all Senators—I talked with them Thompson Mr. HATCH. Mr. President, I move to in the well—are concerned about dis- Domenici Kyl Dorgan Landrieu Thurmond reconsider the vote and I move to lay cipline in classes. This Senator is no Durbin Lott Torricelli that motion on the table. different. I put two kids in public Ensign Lugar Voinovich The motion to lay on the table was schools. We are all concerned about Enzi McCain Warner agreed to. discipline in the classroom. But the NAYS—50 Mr. DODD. Mr. President, yesterday Sessions amendment is the wrong ap- Akaka Dayton Lincoln during rollcall votes 185 and 186, I was proach. To segregate kids with disabil- Baucus DeWine Mikulski necessarily absent to attend services in ities and take them out and put them Bayh Dodd Murray Biden Edwards connection with the passing of Mrs. in a separate setting is not the right Nelson (FL) Barbara Bailey. Mrs. Bailey was the Bingaman Feingold Nelson (NE) thing to do. Boxer Feinstein Reed spouse of the late John Bailey, the leg- The Sessions amendment would cease Brownback Graham Reid endary former chairman of both the services to these kids with disabilities. Byrd Harkin Roberts Cantwell Hollings Connecticut State Democratic Party Rockefeller That is not the right thing to do. There Carper Inouye Sarbanes and the Democratic National Com- may be other things we can do to help Chafee Jeffords Schumer mittee. She was also the mother of Cleland Kennedy provide for discipline in the classroom Snowe Barbara Kennelly who represented the Clinton Kerry but not to segregate kids with disabil- Collins Kohl Specter 1st Congressional District of Con- ities. That is extreme. Corzine Leahy Stabenow necticut from 1983 through 1999. She Those of us who have lived in fami- Crapo Levin Wellstone was a remarkable woman and her pass- lies with siblings who were disabled Daschle Lieberman Wyden ing saddens us all. and watched them taken from our fam- The amendment (No. 604), as modi- Had I been present for the votes, I ilies and our communities and sent fied, was rejected. would have voted as follows: On rollcall halfway across the State, segregated Mr. REID. I move to reconsider the vote No. 185, the Domenici amendment from their friends, do not want to go vote. as modified, I would have voted ‘‘no.’’ back to that. That is what the Sessions Mrs. BOXER. I move to lay that mo- On rollcall vote No. 186, the Schumer amendment does. tion on the table. amendment, I would have voted ‘‘aye.’’ Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The AMENDMENT NO. 604, AS MODIFIED imous consent that the time set aside question is on agreeing to the motion The PRESIDING OFFICER. Under in the order entered last night from 1 to table. the previous order, there will now be 4 to 2 for morning business be termi- Mr. REID. Mr. President, it is my un- minutes for debate to be followed by a nated. There will be no morning busi- derstanding the Senator from Alabama vote on or in relation to the Sessions ness if this unanimous consent agree- wishes to vote—— amendment. ment is agreed to. We want to move The PRESIDING OFFICER. The mo- Who yields time? along with this bill. I have spoken to tion to table has been made and is not Mr. SESSIONS. Mr. President, we the people interested and they have debatable. have a real problem in education been very courteous and have acknowl- Mr. REID. Mr. President, I ask unan- today. It is a mandate that we know we edged it would be better to not do imous consent to speak. do not fully fund. We are paying about morning business then. The PRESIDING OFFICER. Without 10 percent of the cost of IDEA. We The PRESIDING OFFICER. Is there objection, it is so ordered. ought to be paying 40 percent, accord- objection? Mr. REID. It is my understanding ing to our agreement. We have voted to Without objection, it is so ordered. this amendment we just completed—it increase that funding fully now. The Senator from Alabama. did not pass on a vote of 50–50. The Sen- The next thing we need to do is deal Mr. SESSIONS. Mr. President, I ask ator from Alabama wishes to vote on with the Federal regulations that are unanimous consent that Senators this again. With the consent of the contained in this book that teachers ALLEN, BOND, and VOINOVICH be listed Senator from Alabama and the Senator and principals are having to deal with as cosponsors of this amendment. from Iowa, it would seem it would be in

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6249 everyone’s interest that we would Mr. HELMS. Mr. President, I ask stitutional rights of Boy Scouts of schedule a vote at a time certain on unanimous consent that it be in order America, oddly enough, to abide by and the motion to reconsider. for me to make my remarks from my practice the Boy Scout moral guide- My unanimous consent request is it seat. lines for membership and leadership, would be after the completion of the The PRESIDING OFFICER. Without including no obligation to accept ho- work on the amendment of the Senator objection, it is so ordered. mosexuals as Boy Scout members or from North Carolina, which is, accord- Mr. HELMS. I thank the Chair. leaders. ing to the order we entered last night, The PRESIDING OFFICER. The Sen- Yet in spite of the Supreme Court’s the next to be debated. ate will be in order. landmark decision, radical militants In short, we will complete the debate Mr. HELMS. Mr. President, I believe continue to attack this respectable or- on the Helms amendment, vote on the pending business has already been ganization—the Boy Scouts of Amer- that, and immediately go to a vote on announced by the Chair; is that cor- ica. the motion of the Senator from Ala- rect? Specifically, these militants are pres- bama, with 1 minute on the side of the The PRESIDING OFFICER. If the suring school districts across the coun- Senator from Alabama and 1 minute Senator will restate the question, try to exclude the Boy Scouts of Amer- for the Senator from Iowa. please. ica from federally funded public school The PRESIDING OFFICER. The Sen- Mr. HELMS. Is it my understanding facilities based on what they did in one ator from West Virginia. that the amendment became the pend- instance. They decided to press for ex- Mr. BYRD. Is there a request before ing business by unanimous consent? Is clusion of the Boy Scouts from the the Senate? that correct? schools because the Boy Scouts would Mr. REID. Yes, there is. The PRESIDING OFFICER. That is not agree to surrender their first Mr. BYRD. Reserving the right to ob- correct. amendment rights and because they ject, I merely want to understand what Mr. HELMS. I thank the Chair. As the largest and most universally would not accept the agenda of the rad- the request is. acclaimed youth-serving organization ical left. Mr. REID. I say to my friend from I asked the Congressional Research in the world, the Boy Scouts of Amer- West Virginia, if this unanimous con- Service, among others, to inform me as ica has led millions of young boys to sent request is finalized, we are going to how many school districts have al- respect and abide by the fundamental to go ahead and complete the debate on ready taken such hostile action against virtues of duty to God and respect for the amendment offered by the Senator the Boy Scouts. The Congressional Re- individual beliefs, loyalty to their from North Carolina. Following a vote search Service reported to me that at country and respect for their country’s on that amendment, we would come that time at least nine school districts law, service to others, voluntarism, back and vote again on the motion were known to have attacked the Boy training of boys in responsible citizen- that was just made. Scouts of America, and, in the major- ship, in physical and mental develop- Mr. BYRD. Why is the Senate voting ity of the cases, they had done so in again on that motion? ment, and in character development. This came about early in the last outright rejection of the Supreme Mr. REID. Because the Senator from century. It was a curious turn of events Court’s ruling protecting the Boy Alabama wishes to have a vote, and the that brought Scouting to America in Scouts’ rights, which is now the law of fact is, we have not tabled the motion the year 1910. the land. to reconsider on the initial motion The year before, in 1909, a Chicago Which is precisely why I again de- that I made, and the motion the Sen- publisher, William D. Boyce, had been cided to offer the amendment entitled ator from California made to table. traveling in Europe. ‘‘The Boy Scouts of America Equal Ac- We are trying to enter into this Mrs. BOXER. Mr. President, may I cess Act.’’ This pending amendment— agreement. If that does not work, then ask my friend to yield for a moment. It which unanimously passed the House of the Senator from Alabama is going to is very difficult to hear the Senator. Representatives—would for once and suggest the absence of a quorum to try Would you be willing to hold your for all put a complete end to the arro- to figure a way to get out of that and microphone because it is very difficult gant treatment being directed by var- in the meantime we will waste a lot of for us to hear your presentation. ious school districts across this Nation time around here. Mr. HELMS. I am delighted. I didn’t at the Boy Scouts of America, Mr. BYRD. Is the motion to table be- know anyone wanted to listen to it. Specifically, the pending amendment fore the Senate? Mrs. BOXER. Senator MURRAY and I stipulates that if a public elementary Mr. REID. It is before the Senate, but are hanging on your every word and we school, or a public secondary school, it has not been agreed to. want to hear. discriminates against the Boy Scouts Mr. BYRD. Was there a vote in Mr. HELMS. Does the Chair suggest I of America—or any other youth group progress on that motion? start over? similar to the Boy Scouts—in pro- Mr. REID. No. The PRESIDING OFFICER. If the viding equal access to school facilities, Mr. BYRD. There was not. So the Senator would like. then that school will be in jeopardy of Chair has not ruled on the motion to Mr. HELMS. It was a curious turn of losing its Federal funds. table. Therefore, the vote is still to be events that brought Scouting to Amer- Now, before opponents work them- had, whether it be by voice, by divi- ica in 1910. The year before that, in selves into a frenzy, it may be well to sion, or by rollcall. 1909, a Chicago publisher, William D. make clear on exactly how this pro- Mr. REID. The Senator from West Boyce, had been traveling in Europe posed amendment would work: it stipu- Virginia is, as usual, right. and got lost in a dense fog while he was lates that the Office of Civil Rights Mr. BYRD. Mr. President, I have no in London. It was a Scout—not by that within the Department of Education be objection to the request. name but a Scout—who came to given statutory authority to inves- The PRESIDING OFFICER. Is there Boyce’s aid and guided him through tigate any discriminatory action taken objection? Without objection, it is so the fog to his hotel. Afterwards, the by school authorities against the Boy ordered. boy refused a tip from Mr. Boyce ex- Scouts of America. Mr. REID. Mr. President, for Mem- plaining that as a Scout, he would not The Office of Civil Rights was estab- bers of the Senate, then, we are going and could not take a tip for doing a lished to handle discrimination prob- to now begin debate on the amendment good turn. lems that occur within the public of the Senator from North Carolina. Since that time, almost a century school system. My amendment would AMENDMENTS NOS. 574 AND 648 has elapsed, and the character and the direct the Office of Civil Rights to han- The PRESIDING OFFICER. Under reputation and the admiration that dle cases of discrimination against the the previous order, the Senate will now people have for the Boy Scouts of Boy Scouts precisely the same as the resume consideration of the Helms America has intensified year after Department of Education currently amendments Nos. 574 and 648. year. handles other cases of discrimination— The Senate will be in order. The Sen- Last June, a year ago, the Supreme barred by Federal law and which may ator from North Carolina. Court found it essential to uphold con- result in termination of Federal funds.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6250 CONGRESSIONAL RECORD — SENATE June 14, 2001 It should be noted, Mr. President, young men’s lives, as the Girl Scouts So clearly it is having an effect. We that according to CRS, ‘‘historically, with girls. They have given them an have reached the point now where the fund termination sanction has been opportunity to help themselves, to sup- when a Boy Scout troop comes out— infrequently exercised—by the Office of port causes bigger than themselves as four or five boys; or girls who are Girl Civil Rights—and most cases are set- the saying goes now, and to improve Scouts—they get booed because they tled at . . . the investigative process their community by involvement. are there during the Pledge of Alle- . . .’’. In other words, when the Office I think in no way should we diminish giance. Surely, we cannot reach that of Civil Rights warns a school to get its the importance of that, or take away kind of ugliness in America. act together, the school usually lis- what they do for boys and girls of all So I think it is very important that tens. races and ethnic and religious back- we have this amendment added. It Therefore, it is not likely that any grounds. would require that public schools treat school will be in fact ever that its fund- Now what does this amendment do? the Boy Scouts of America exactly the ing eliminated; unless it adamantly re- The title is the Boy Scouts of America same as they do all other groups meet- fuses to provide the Boy Scouts of Equal Access Act. It sounds good to ing in the schools; that is all. Surely, America equal access to school facili- me. I assume there are going to be the least we can do is to allow them to ties. those who say this is something we have equal access. It will not be handled willy-nilly. It shouldn’t do or it gives them some ad- So while there may be some wringing will be based on specific evidence. vantage. But all it says is that if a pub- of hands and assertions of what this Needless to say, I do hope that the lic elementary school or public sec- amendment does way beyond what it Senate will uphold the constitutional ondary school has a designated open does, or its intent, they just want to be rights of the Boy Scouts of America to forum, then that school cannot dis- treated the same as everybody else have equal access to school facilities. criminate against the Boy Scouts of —nothing more, nothing less. I ask for the yeas and nays on the America or any youth group on the I yield the floor. amendment. basis of its membership or leadership Several Senators addressed the The PRESIDING OFFICER. Is there a criteria or on the basis of its oath of al- Chair. sufficient second? legiance to God and country. The PRESIDING OFFICER. The Sen- There is a sufficient second. If a public school did discriminate ator from Oklahoma. The yeas and nays were ordered. against the Boy Scouts of America, Mr. INHOFE. Mr. President, I do Mr. HELMS. Thank you, Mr. Presi- then that school would be in jeopardy want to be heard on this issue. But in dent. I yield the floor. of losing its Federal education funds. fairness to the other side, I would like The PRESIDING OFFICER. The Sen- I know the Supreme Court rendered a to defer so long as I can follow the Sen- ator from Mississippi, the Republican decision recently saying a religious ator, in this order, because of a timing leader. group could have time and access to problem. Mr. LOTT. Mr. President, I thank the space at a school if all other groups The PRESIDING OFFICER. Without manager in opposition to this amend- have access. You do not have to attend, objection, it is so ordered. ment for allowing me to go ahead and but if you are going to have an open Mrs. BOXER. Perhaps I could make a speak now. Ordinarily, we make a real policy, then you have to let everybody quick unanimous consent request. I am point to go back and forth. So I appre- have an opportunity to have access to going to speak for 2 minutes and then ciate that. I will be brief and to the the space in the school. This is a very ask Senator MURRAY if she would real- point. meritorious and I think very defensible ly open the debate with about—how I rise in support of this amendment. position to have. many minutes does the Senator need? The Boy Scouts have become the I think it is an amendment that should Mrs. MURRAY. Ten minutes. largest voluntary youth movement in Mrs. BOXER. And then go to Senator basically be accepted by all of us. I the world with a worldwide member- INHOFE. don’t know quite how to react to the ship totaling more than 25 million. Is that acceptable? fact that in America even the Boy Over 6 million of those participants Mr. INHOFE. That would be fine. Scouts seem to be under attack. Is come from the United States alone. Mrs. BOXER. I ask unanimous con- motherhood and apple pie next? Is There have been a series of decisions sent that be the order. there nothing sacred anymore? in the courts that I think relate to The PRESIDING OFFICER. Without I don’t have a conflict of interest. I this. The U.S. Supreme Court held in objection, it is so ordered. came from such a small, rural, poor Boy Scouts v. Dale that the Boy Scouts The Senator from California. area that we didn’t even have a Boy are a private organization and, as such, Mrs. BOXER. Mr. President, I thank Scout troop. I was a Cub Scout. Some- they can decide who can be in their or- the Republican leader for making his how or other we managed to have a ganization if they wish. remarks concise. I do really appreciate Cub Scout troop. I enjoyed that. I There was a decision recently involv- the opportunity given to me by Sen- never got to be a Weeblo or a Boy ing the Boy Scouts in the U.S. district ator KENNEDY to manage the opposi- Scout. I missed it. court in Florida which said that tion to this amendment. The reason I I have been very supportive of the Broward County could not evict Scouts feel very strongly about it is that this Boy Scouts, and I have attended Eagle off school property. amendment is not about the Boy Scout ceremonies. I have been to Boy So there are decisions at the district Scouts. My kids were Scouts. I will Scouts events that recognized great court level and from the Supreme never forget that. They are really old Americans who started off as Scouts— Court affecting this. But of the attacks now. I am a grandmother now. But I re- such as Jerry Ford when he got a spe- on the Boy Scouts, some people would member when they were in their uni- cial recognition. say it is no real problem. It is having forms. My kids were Scouts. It is not as if I am defending some- an impact. Based on the Boy Scouts’ This amendment is not about Scouts thing from which I directly benefited. stand on their principles, eight of the because the Supreme Court has already But, quite frankly, I think we all ben- United Way agencies nationwide have ruled that the Boy Scouts have the ab- efit from organizations such as the Boy withdrawn their financial support from solute right to take their programs Scouts. Their fundamental principles the Boy Scouts of America. We have into the public schools. That issue has are rooted in basic good things such as seen that there have been some 359 been resolved. duty to God and respect for individual school districts which have severed So I believe—and I am going to re- beliefs, loyalty to one’s country and re- sponsorships with the Scouts since last serve my time, and I will explain why spect for its laws, service to others, June’s ruling. I have reached this conclusion—that voluntarism, and training of youth in So it is affecting the Boy Scouts in this amendment is unnecessary; that it responsible citizenship, in physical and terms of financial support, and it is af- is gratuitous. It is hurtful to a group of mental development, and in character fecting them in that schools are begin- people. It divides us again as a country. advancement. ning to prohibit Boy Scouts from being It brings in this Chamber an issue that These are all such fine goals. I have able to have sponsorships and meet in divides us, that hurts people, and I be- watched this organization transform their schools. lieve—and Senator MURRAY is going to

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6251 speak to us as a former school board amendment is unnecessary because colleagues have spoken at great length member with a tremendous amount of current Federal law already requires about the importance of local control authority on this—it is a slap at local equal access. Not only do groups such in educational decisions. Of course, control, something my friends on the as the Boy Scouts already have access having served on a local school board, other side of the aisle revere. under Federal law, the courts are re- I reminded them that most decisions So I hope in the course of this de- affirming that access. are made at the local level and that bate—and I know we go uphill when In fact, just this last Monday, the there is a limited Federal role for ef- this comes up—we face the facts of U.S. Supreme Court ruled that a New forts such as helping disadvantaged what this is about. I hope, in the course York State school had to let a religious students and reaching national edu- of debate, people will look inside their organization use its facilities since it cational goals. Frankly, I do not see hearts to decide what this amendment was already allowing nonreligious or- how setting up a special national privi- is really about. It is not about the Boy ganizations to do the same thing. Scouts having the ability to meet in Mr. President, I ask unanimous con- lege for just one organization falls in public schools. That has been deter- sent to have a Washington Post article that role. mined. It is about hurting a whole which explains this ruling printed in Recently on the Senate floor my group of people, a minority in this the RECORD after my remarks. amendment to reduce school over- country, for absolutely no good reason. The PRESIDING OFFICER. Without crowding was defeated on a party-line I hope people will have the courage objection, it is so ordered. vote. Opponents on the other side said to come to this Chamber, to speak out, (See exhibit 1.) those decisions should be made at the to be heard, to lift up this debate, and Mrs. MURRAY. Equal access is al- local level. They ignored the fact that that we will have a good vote against ready in the law. It was just upheld by funding was optional and flexible, this amendment. the U.S. Supreme Court. Groups such meaning it could be used for class size Mr. President, I yield 10 minutes to as Scouts have equal access. Therefore, reduction or teacher training or re- my friend and colleague from Wash- this amendment is not about the ques- cruitment. Opponents of my amend- ington. tion of equal access. This amendment, ment said local control was more im- The PRESIDING OFFICER. The Sen- however, is about special access. ator from Washington. Frankly, we ought to call this proposal portant than an effective, targeted, Mrs. MURRAY. Mr. President, I the ‘‘unequal access amendment’’ be- flexible initiative. thank my colleague from California for cause it selects one group over all oth- Now we get to see if all those Mem- yielding me time. Mr. President, I believe that Scout- ers for special protection. bers will stand up to the principles There is a second problem with the ing—whether it is the Boy Scouts or they have advocated. This Helms Girl Scouts—really can help kids de- amendment. I served on a local school amendment is far more intrusive. It is velop their character and build impor- board. I know what it is to have lim- not optional. Unlike my amendment, tant skills. And that is important. In ited meeting space in a school and to the Helms amendment has nothing to fact, Scouting has been an important have organizations that want to use do with schoolday learning. It is defi- part of my life and my own children’s that space who come before you and nitely a Federal mandate on local lives. beg and plead for that ability. Right schools. It definitely takes decisions I was a Brownie. I was a Junior Girl now schools make those decisions out of local hands. Frankly, I do not Scout. I was a Girl Scout. I was a based on their own circumstances with- see how anyone who has called for Brownie Leader. I was a Girl Scout in the law. Schools might not have more local control will support this Leader. And, in fact, I was even a Boy enough space. They might not have the Helms amendment. This vote will be Scout Leader for my son’s troop. So I budget for the extra cleanup required very telling. know about Scouting. This amendment for groups to use these facilities or ad- is not about scouting. ditional groups to use them. They The Helms amendment addresses a This amendment is about imposing a might not have the staff to lock up the problem that does not exist. Groups Federal mandate on local schools that building after hours. Teachers might such as the Scouts already have equal could essentially overwhelm their fa- not have the time in the schoolday to access through existing law. Instead, cilities and strain their ability to meet rearrange their classrooms. Maybe this intrusive amendment provides spe- their first responsibility, which I be- there are only a few rooms available cial, unequal access for just one group lieve we all understand is to educate after school and they are already need- and overrules what is happening at the our students. ed for other things such as tutoring or local level. The Helms amendment essentially they have already been given to an- I will share with my colleagues how takes a problem that does not exist and other group. There might be insurance frustrating and difficult it can be, as a uses it to dictate the decisions that or liability concerns. school board member, to make deci- local school boards make. Because of all those variables that sions about who can use your facilities. There are several problems with this local school boards have to live with on I have been in front of many parents amendment, but first and foremost, it a weekly basis, those decisions are really is not needed, as the Senator made at the local level. Sometimes who were unhappy with decisions that from California said. Right now, under those local policies keep schools from school boards have made. This Helms Federal law, Scouts receive the same having to pick one group over the amendment may well force a school protection and access as any other other, from picking winners or losers. board to tell a group, perhaps a church group—nothing more, nothing less— The Helms amendment would over- group that is already using their gym, and that is the way it should be. And rule all of those local policies, all of that because of the Helms amendment that is not just my opinion; it is our those local decisions, and pick one win- and fear of a lawsuit, if they don’t Federal law, known as the Equal Ac- ner and require every school to accom- change their mind, we will have to cess Act. modate them or risk losing their Fed- override facilities use by that group. Let me read to you part of that stat- eral funding. This amendment may well force a ute. It says: Scouts already have the same protec- school to tell another group that be- It shall be unlawful for any public sections as similar organizations, and cause of our Federal law, the Boy ondary school which receives Federal finan- local schools already make good legal Scouts come in first. cial assistance and which has a limited open decisions based on those cir- forum to deny access for a fair opportunity I care about Scouting. I want our cumstances. to, or [to] discriminate against, any students Scouts to have facilities. I want it to Before I close, I note that I am eager wishing to conduct a meeting within that be under equal access, not special pro- to see how some of my colleagues vote limited open forum on the basis of the reli- tection. That is what the Helms gious, political, philosophical or other con- on this amendment which, as I have tent of the speech at such meetings. noted, is not about Scouting. It is amendment does. That is the law right now—on the about forcing decisions on local I thank my colleague from California books in black and white. So this schools. In recent years some of my and yield back my time to her.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6252 CONGRESSIONAL RECORD — SENATE June 14, 2001 EXHIBIT 1 an attorney who filed a friend of the court When Senator HELMS first started, [From the Washington Post, June 1, 2001] brief on behalf of the Anti-Defamation his microphone wasn’t quite on high League of B’nai B’rith, which backed the JUSTICES BACK BIBLE GROUP enough and we were not able to hear school. ‘‘Our concern is that what can’t be his remarks. I will repeat the first cou- ACCESS TO SCHOOL FACILITIES WIDENED done in school shouldn’t be done right after. ple of things he said. He talked about (By Charles Lane) Often kids can’t go home right after school.’’ The case began in 1996 when two parents, the Boy Scout movement in our Nation The Supreme Court ruled yesterday that a as being part of the largest voluntary New York state school may not prohibit an the Rev. Stephen D. Fournier and his wife, evangelical Christian children’s club from Darleen, sought to move the meetings of youth movement in the world, with meeting on its premises, a decision that may their Good News Club chapter from a local U.S. membership totaling over 6 mil- have cleared the last legal obstacles to reli- church to Milford’s only school building, lion. He also mentioned the three basic gious groups’ long-sought goal of having the which houses all classes from kindergarten fundamental principles. through 12th grade. same access to school facilities as other or- The fundamental principles of the School authorities in the 3,000-resident ganizations. rural community refused, saying that the Boy Scouts include, one, a duty to God By a vote of 6 to 3, the court held that the Good News Club was not simply a discussion and respect for individual beliefs; two, Milford Central School’s effort to deny the group that talked about morals from a reli- loyalty to country and respect for the after-school use of its building to the Good gious viewpoint, but a form of religious in- laws of the land, service to others, and News Club, but not to other, nonreligious struction. a spirit of voluntarism; and, three, the groups, was a form of discrimination on the The Good News Club’s sponsoring organiza- basis of religious viewpoint, and thus vio- training of youth in responsible citi- tion, the Child Evangelism Fellowship, based zenship, physical and mental develop- lated the constitutional guarantee of free in Warrenton, Mo., says that its purpose is to speech. ‘‘evangelize boys and girls with the Gospel of ment, and character advancement. The Good News Club, which operates thou- the Lord Jesus Christ and to establish (dis- As a private organization, the Boy sands of chapters around the country, urges ciple) them in the Word of God and in a local Scouts of America has the right to se- children as young as 6 to accept Jesus Christ church for Christian living.’’ lect persons it believes will provide the as a personal savior. The school argued that, Good News Club meetings revolve around leadership that measures up to the in barring the club from meeting there, it prayer, songs, stories and games drawn from high caliber of standards of this fine in- was following a New York law designed to the Bible, and some of the children attending stitution. Boy Scouts and other similar avert any appearance of official sponsorship are ‘‘challenged’’ to declare Jesus Christ as groups have a constitutional right to of religious worship and to protect children their savior. from getting the impression that the school The Fourniers sued in federal court. The associate freely, and our publicly fund- endorses a particular religion. New York-based appeals court sided with the ed schools should not inhibit that right But the court rejected the notion that the school, but because its ruling clashed with a of access to public school facilities. club’s use of the school would create a kind St. Louis-based appeals court’s decision in Not only is this my opinion; it has of pro-religious pressure on children, noting favor of access for another Good News Club, been found to be the law of the land by that children could not attend the club’s the Supreme Court agreed last year to decide the Supreme Court. In June of last meetings unless their parents approved. the dispute. year—this has been alluded to—in Boy ‘‘[W]e cannot say the danger the children In the court opinion yesterday, Thomas Scouts of America v. Dale, the Su- would misperceive the endorsement of reli- said that this case was essentially no different from previous ones in which the court preme Court ruled that Boy Scouts gion is any greater than the danger that have the constitutional right to spe- they would perceive a hostility toward the had upheld the right of a Christian parents’ religious viewpoint if the Club were ex- group to show a film at a public high school cifically exclude homosexual members cluded,’’ Justice Clarence Thomas said in the in the evening and of Christian students at and leaders. The Helms amendment opinion he wrote for the court. the University of Virginia to receive the was prompted by the denial of public Conservative legal scholars noted that the same funding for their publication as other school access to groups such as the Boy case fits into a recent trend in which the groups. Scouts even after this Supreme Court court has adopted a more accommodating When the state operates a ‘‘limited public forum’’ in which citizens may express their decision. position toward religion in public places For example, the Broward County when it believes that it is merely maintain- views, Thomas wrote, ‘‘speech discussing otherwise permissible subjects cannot be ex- school board voted to keep Boy Scouts ing a fair balance between religious and sec- cluded . . . on the ground that the subject is from using public schools to hold meet- ular activity. That could mean future sup- discussed from a religious viewpoint.’’ port for President Bush’s ‘‘faith-based’’ so- ings, in direct violation of the Supreme Thomas was joined by the court’s other Court’s decision. Luckily, in the Boy cial services initiative, or for school vouch- conservative-leaning members—Chief Jus- ers, they said. Scouts v. School Board of Broward tice William H. Rehnquist and Justices San- County, in March of this year, the U.S. ‘‘It will be much harder for anyone to dra Day O’Connor, Antonin Scalia and An- argue that a faith-based organization’s social thony M. Kennedy. He also picked up the district court in Florida issued an in- service treatment program has crossed a vote of Justice Stephen G. Breyer, a liberal, junction to block the county’s attempt line, becoming, in essence, ‘too religious,’ ’’ who wrote a separate opinion to emphasize to evict the Scouts from public school said Douglas Kmiec, dean of the Catholic that he supported the club’s position only in- property. University law school. sofar as it was asking for nondiscrimination Unfortunately, this is not an isolated But Barry Lynn, executive director of by the school. He said important issues re- case. This is why I make the point that Americans United for Separation of Church mained to be examined, especially whether a and State, said the decision maintains a dis- there is a problem out there. The Con- reasonable child might indeed see the club’s gressional Research Service, which tinction between state support for religious presence at the school as an endorsement of instruction and extracurricular religious ac- religion. Senator HELMS alluded to, has reported tivity, and therefore ‘‘has no spillover into Justices John Paul Stevens, David H. that at least nine school districts have the voucher area.’’ Souter and Ruth Bader Ginsburg dissented. publicly attacked Boy Scouts, which is Of the 4,622 Good News Club chapters ‘‘It is beyond question that Good News in- in direct contradiction of the ruling of around the country, about 527 meet regularly tends to use the public school premises not the Supreme Court. in public school buildings. Supporters of the for the mere discussion of a subject from a Let me give a couple examples of group said the ruling gives a significant particular, Christian point of view, but for this. In Chapel Hill, NC, the Chapel boost to the club and others like it. an evangelical service of worship calling Hill-Carrboro school board voted, on ‘‘It’s no secret that it helps them attract children to commit themselves in an act of children when they meet in a more conven- Christian conversion,’’ Souter wrote. January 11, 2001, to give Scouts until ient location,’’ said Gregory S. Baylor of An- The case is Good News Club v. Milford Cen- June to either go against the rules of nandale-based Religious Liberty Advocates, tral School, No. 99–2036. their organization or lose their spon- which filed a friend of the court brief on be- The PRESIDING OFFICER. Under sorship and meeting places in schools. half of Good News’s parent organization, the the previous order, the Senator from In New York City, the New York City Child Evangelism Fellowship Inc. ‘‘Prior to Oklahoma is recognized. school chancellor, Harold Levy, said this, a lot of school districts were nervous Mr. INHOFE. Mr. President, I know the school system would not enter into about letting them in. Now I can say, ‘Read the distinguished Senator from Wash- any new contracts with the Boy Scouts the Supreme Court case.’ ’’ ington is very sincere in her remarks, Opponents agree with this forecast, but of America. This is something that they said it shows how the court has titled but I believe there is a problem in in- happened after that Supreme Court de- the church-state balance in favor of religion. sisting that we are legislating on a sit- cision. The Los Angeles City Council ‘‘This is really religious worship directed uation that doesn’t exist. I will point has ‘‘directed all of the city’s depart- at young children,’’ said Jeffrey R. Babbin, out examples of that. ments to review contracts with Boy

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6253 Scouts and order an audit of those con- to ask a question for someone to an- amendment to get a further definition tracts to ensure compliance with a swer during the discussion of this and clarity on that so that we can di- nondiscrimination clause.’’ amendment; is that right? rectly respond to the appropriate ques- In Madison, WI, it is the same thing. Mr. BYRD. The Senator is correct. tion of the Senator from West Virginia. It goes on and on—quite a lengthy list. Mr. REID. I hope that the Senator We will do that as soon as possible. The repetitive, hostile actions taken from West Virginia can be recognized Mr. BYRD. I appreciate that. I have against the Boy Scouts are inexcusable immediately to ask his question. Is discussed this with the sponsor, Mr. and against the law and should be there any objection to the Senator ask- HELMS, and two of his staff members. stopped immediately. ing his question? Mr. SMITH of Oregon. If the manager The Helms amendment reinforces the Mr. BROWNBACK. There would be no will yield, I join the Senator from West constitutional rights of Boy Scouts and objection on my part if the Senator Virginia in asking for a clarification the Supreme Court decision upholding from Illinois is OK with that. because I think it is very important those rights. This amendment states The PRESIDING OFFICER. Without that we know what we are talking that if a public school has designated objection, it is so ordered. about. ‘‘open forum,’’ then the school cannot Mr. BYRD. I thank the majority whip I am here standing for the propo- discriminate against Boy Scouts of and all Senators. I wish to get a clari- sition that tolerance is a two-way America or any youth group on the fication of a definition. I think it is street; that we should tolerate the gays basis of its membership or leadership well that I pose this question now. and lesbians in our community, but we I don’t intend to go into the back- criteria or on the basis of its oath of al- should also tolerate the Boy Scouts in ground at this point, except to say that legiance to God and country. our community. The oversight provisions of the I have been concerned about some of Clearly, there are some groups that amendment ensure that the Office of the things that have been said and have national charters that this Gov- Civil Rights within the Department of some of the actions that have been ernment recognizes, such as the Boy Education will protect the Boy Scouts taken with respect to Boy Scouts. I Scouts, and there are groups that do as it protects other groups that have was very disappointed when at the not. That kind of a distinction perhaps been or are discriminated against. We Democratic Convention there was a ought to be made because I think we are talking about antidiscrimination in demonstration—not by all Democrats all want to be voting for the right this amendment. by any means, and I feel sure it wasn’t thing. There are some groups, such as The amendment proposes that any a part of the convention plans. But I the skinheads, that I don’t want to be public school receiving Federal funding was embarrassed at the boos and the voting for today. I thank the Senator from the Department of Education disrespect shown by some of the par- from West Virginia for his question. must allow the Boy Scouts or other ticipants at that convention, which I The PRESIDING OFFICER. The Sen- similar youth groups equivalent access did not attend; I was watching tele- ator’s time has been consumed. to school facilities and must not dis- vision. I have been concerned about Mr. BYRD. I ask unanimous consent criminate against these groups by re- other hostile actions that have since to proceed for 2 more minutes. quiring them to admit homosexuals as been directed at the Boy Scouts of The PRESIDING OFFICER. Without members or leaders or any other indi- America. viduals who reject the Boy Scout oath Certainly, my intention up to this objection, it is so ordered. of allegiance to God and country. moment has been to vote for this Mr. BYRD. Mr. President, the termi- So I just submit that I disagree, and amendment. I do have a question, how- nology which I read here includes this it is an honest disagreement with the ever. The question deals with defini- excerpt: Senator from Washington. There is a tions. I would like a better definition . . . The Boy Scouts’ or the youth group’s problem, and it is necessary to legis- or clarification of the term ‘‘youth oath of allegiance to God and country... late against this problem. group.’’ In paragraph 2 of section 2(a), Mr. President, as a former member of I yield the floor. I read the following: the Ku Klux Klan—and this is no secret The PRESIDING OFFICER. The Sen- . . . denies equal access or a fair oppor- to anybody; it has been known to the ator from Kansas. tunity to meet to, or discriminates against, people of this country for at least 50 Mr. BROWNBACK. Mr. President, I any group affiliated with the Boy Scouts of years, so I am not telling anything will propose a unanimous consent re- America or any other youth group . . . new. But there is no doubt that that quest for the order of speakers. I will repeat that: ‘‘. . . or any other organization purports to swear alle- I ask unanimous consent that Sen- youth group.’’ giance to God and country. ator DURBIN have 10 minutes, and that . . . that wishes to conduct a meeting I do not want to open this up to just on our side Senator ENZI have up to 15 within that designated open forum, on the any group—just any group that swears minutes. Then if somebody comes on basis of the membership or leadership cri- allegiance to God and country. That is that side to speak, I propose that there teria of the Boy Scouts of America or of the why I raise the question. I think there be a Democratic speaker. But if they youth group that prohibits the acceptance of must be a clarification of this. At least are not here, I ask that Senator SMITH homosexuals, or individuals who reject the Boy Scouts’ or the youth group’s oath of al- I am going to be on record by what I have up to 10 minutes, and then a Dem- am saying here, that I am not, regard- ocrat speaker, and then Senator legiance to God and country, as members or leaders. less of how I vote on this amendment— BROWNBACK have 10 minutes. I hope this can be clarified, and I hope Mr. BYRD. Mr. President, reserving My problem with that is ‘‘youth there can be some modification of the the right to object, I have a question I group’’ could include skinheads, and it language. would like to ask at some point to pro- could include Ku Klux Klan youth On the record, I am not supportive of pound about the language of this groups or any other ‘‘hate’’ groups. letting just any ‘‘youth group’’ come amendment. When might I do that? That is what I am concerned about. Mr. BROWNBACK. I propose that we I know what we are talking about— under the canopy of the definition of have an order of speakers and—— the Boy Scouts. That is one thing. But that term. Mr. REID. Mr. President, if I may be I hesitate to open the language up to Mrs. BOXER. Will my friend yield to heard on this. just any ‘‘youth’’ group. That is my me for just a moment? Mr. BROWNBACK. I yield to the Sen- problem. I would like for someone to Mr. BYRD. If I have time. ator from Nevada. clarify the definition of ‘‘youth group’’, Mrs. BOXER. I ask unanimous con- Mr. REID. I say to the Senator from or perhaps offer a modification so that sent that the Senator be given 60 sec- West Virginia, it appears with all these we will all know what we are talking onds additional time so I may engage speakers that have been lined up, it about. him. would be sensible, as far as I am con- Mr. BROWNBACK. If the Senator The PRESIDING OFFICER. (Ms. cerned, that a question be asked before will yield for a response to that. CANTWELL). Without objection, it is so the speeches are given, not after. Mr. BYRD. I am glad to. ordered. It is my understanding that the Sen- Mr. BROWNBACK. We are working Mrs. BOXER. Senator DURBIN is anx- ator from West Virginia simply wants with the primary sponsor of the ious to be heard. I thank my friend.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6254 CONGRESSIONAL RECORD — SENATE June 14, 2001 This amendment is troubling, and the enough and indicate in the unanimous dreds of millions of dollars coming in Senator from West Virginia has put his consent request for me to do that. to help kids. With the Helms amend- finger on a very serious problem with Mr. REID. That is the question: After ment, it is gone. It is not just Chicago. this. What if a group springs up—I am what? We have a couple amendments Many other States are also affected. just going to use a name—the Timothy pending on which we are going to be This amendment, which may have McVeigh Youth Group and has in its voting. That will probably take a been offered as a tribute to the Boy charter antihomosexual language. It is while. The Senator may have to wait Scouts or for whatever reason, has be- my understanding, after checking with several hours. come much more. This has gone way attorneys, in fact, they would be given Mr. WARNER. Mr. President, I cer- beyond the Boy Scouts, I say to my special privileges because they have an tainly will be delighted to do that so colleagues in the Senate. What this antihomosexual charter. long as I, hopefully, can have some as- amendment is trying to do is, frankly, My friend has raised a very impor- surance for not more than 10 minutes create an environment which is anti- tant issue, and I thank him for it. during the course of the day. I thank thetical, antagonistic to the beliefs of Mr. BYRD. I thank the Senator. I the Chair. many school districts which have basi- prefer to use the Ku Klux Klan. We The PRESIDING OFFICER. Without cally said: We will not sponsor organi- know what we are talking about there. objection, the previous order is modi- zations that discriminate. Yes, we may If one wishes to look at the oath—I will fied. Under the previous unanimous be forced to bring some in to have ac- say the oath of the Ku Klux Klan, and consent order, the Senator from Illi- cess to our schools, but we are not there are associate groups and affili- nois is recognized. going to sponsor them. Mr. DURBIN. I thank the Chair. ated groups. Women used to be in the According to Senator HELMS, if you Madam President, I am opposed to dis- Klan; maybe young people. I do not re- do not sponsor them, it is discrimina- crimination—discrimination based on call. tion. If it is discrimination, guess race, creed, color, gender, or sexual ori- When it comes to patriotism, to God, what. You lose your Federal funds. entation. I am sorry that the Boy to country, the words of that organiza- Let me go to the point raised by Sen- Scouts of America, which were an im- tion are superlative in that respect. ator BYRD from West Virginia. Senator portant part of my youth, an impor- How closely the actions followed the BYRD touched on an important point. tant part of my family, have now be- words is something else. He talked about what kinds of youth come a symbol that is being debated in This language needs to be clarified. It groups we are discussing. Senators the Chamber of the Senate. I am sorry needs to be modified. I do want to sup- started using hypothetical groups: this organization that has meant so port the amendment. I am speaking What about skinheads, this group, that much to so many is now being only as a Senator from West Virginia. group, that happen to have some awful trivialized or symbolized by this de- That is the way I see it. I hope there beliefs but also happen to discriminate bate. But it is a fact, and it is a fact will be some modification of that lan- against those of a different sexual ori- that the amendment that has been of- guage. entation? As I read the Helms amend- fered by Senator HELMS raises many Mr. BROWNBACK. Madam President, ment, the school not only has to open questions. I renew my unanimous consent request I do not think the question is wheth- the door to have access to use the that I put forward. I ask that the er or not Boy Scout chapters have ac- school, but they also have to be willing Democrats who are in turn speaking cess to public schools. As the Senator to sponsor the group, and if they do not will not speak for more than 15 min- from Washington said, that is not even sponsor that group and others such as utes in the unanimous consent request debatable. The Supreme Court has it, then they run the risk of losing I put forward. ruled on that as late as this week. their Federal funds. Mr. REID. Reserving the right to ob- They had a specific ruling saying that Is this a farfetched idea that a group ject, Mr. President, I do know the no school district can keep any Boy such as that might arise? I wish it was. names the Senator talked about. We Scout troop out of a public school. I will tell my colleagues about my own should cut it off there. This could go They have access. This amendment is home State of Illinois. Have you ever through the entire afternoon. Those not necessary. It is already the law of heard of the World Church of the Cre- names you mentioned be the only ones. the land. ator? Mr. President, I remind my col- Mr. BROWNBACK. I am not prepared The amendment by Senator HELMS leagues, they did hear about it in the to enter into a time agreement. goes further. The amendment by Sen- news not long ago. Mr. REID. That is my question. I am ator HELMS says that no school district This is a white supremacist organiza- saying I am happy to agree to the can discriminate against a youth group tion that advocates openly the murder times as you set forth, and the names that also says homosexuals may not of Jewish individuals and people of you have mentioned, but after that, we belong. color. It has what it calls ‘‘holy will just have jump ball here. This raises some serious problems be- books,’’ ‘‘ministers,’’ and religious Mrs. BOXER. No problem. Madam cause there are school districts in ceremonies all grounded in their ‘‘reli- President, I can now say, after Senator States across America, including the gion’’ of white supremacy. DURBIN, Senator WELLSTONE will fol- State of Illinois, which have a state- Do my colleagues know when they low. That is our list at this time. ment of policy, and they say: We will heard about them? They heard about Mr. WARNER. Reserving the right to not let any groups be sponsored by our them in July of 1999. A young man object, do I understand there is time schools if they discriminate on the named Benjamin Smith went on a available on our side? basis of race, creed, color, gender, or shooting rampage throughout Spring- Mr. BROWNBACK. Yes, there is. sexual orientation. It is just a school field, IL, Urbana, Decatur, Skokie, Chi- Mr. WARNER. Is it restricted to this policy. You want your school group to cago, and Northbrook. He wounded amendment? be sponsored by the school? No way if nine and murdered Won-Joon Yoon, a Mr. BROWNBACK. We are attempt- they discriminate. doctoral student at Indiana University, ing to restrict it. I would imagine those statements of and he killed Ricky Birdsong, an Afri- Mr. WARNER. A gentleman’s and policy were passed at school board can American, the former North- gentlewoman’s understanding. meetings without a dissenting vote. western University basketball coach. Mr. BROWNBACK. That is correct. Who is going to vote against that: That Mr. Smith wounded and killed these Mr. WARNER. I have an amendment you would want a school district spon- individuals because he hated those who pending at the desk that I want to soring a group that discriminates? Yet were different from him and because withdraw and need about 12 minutes to what Senator HELMS says in his his religion, the World Church of the address the reason for which I am with- amendment is that if your school dis- Creator, supported taking violent ac- drawing it. trict sticks with that policy of non- tion against them. Mr. BROWNBACK. Can the Senator discrimination in sponsorship, you lose If the World Church of the Creator do it afterwards? your Federal funds. approached a school in Illinois and Mr. WARNER. I will be delighted to What does that mean to the school asked that school sponsor their youth do it after, if the Senator will be kind district of the city of Chicago? Hun- group, under the Helms amendment, if

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6255 they said no, they would lose their The Senator from Wyoming. my State and across my country that Federal funds. Why? Because the World Mr. ENZI. Madam President, I rise in even though at times I took courses or Church of the Creator also has a very support of amendment No. 648, the Boy merit badges or programs that I didn’t clear policy when it comes to homo- Scouts of America Equal Access Act, see where I would ever have a use for sexuals. The World Church of the Cre- offered by my distinguished colleague them, by now I have had a use for them ator does not allow homosexuals in the from North Carolina, Senator HELMS. I and wish I had paid more attention at membership or in their leadership. am certain, with some modifications, the time I was doing it. Think of the situation we are cre- any of the inflammatory groups that Boy Scouts is an education. It is an ating. Imagine serving on a school have been mentioned will be excluded education in possibilities for careers. I board with no pay under these cir- from the amendment. The amendment can think of no substitution for the 6 cumstances. Senator HELMS, in trying was intended to be simple and straight- million boys in Scouts and the millions to pay a tribute to the Boy Scouts, has forward in its purpose, to ensure the who have preceded them. There are opened the door wide for mischief from constitutional rights of 6 million Boy dozens on both sides of the aisle who every crazy group in America that Scouts in the United States are not have been Boy Scouts. wants to not only use school premises violated by public schools that receive I always liked a merit badge pam- but be sponsored by schools. If they Federal education funds. phlet on my desk called ‘‘Entrepre- don’t go along, guess what. They get The Boy Scouts of America is one of neurship.’’ It is the hardest Boy Scout either a lawsuit or the loss of Federal the oldest and largest youth organiza- badge to earn. It is one of the most im- funds. tions in the United States and in the portant ones. I believe small business I consider this amendment a com- world today. The organization teaches is the future of our country. Boy plete disaster. It is a disaster when one its members to do their duty to God, to Scouts promote small business through considers the impact it has on schools love their country, and to serve their their internship merit badge. Why across America that are trying to live fellow citizens. And they do that. The would it be the toughest to get? Not under the four corners of the law. The Boy Scouts have formed the minds and only do you have to figure out a plan, Supreme Court has said open your hearts of millions of Americans and devise a business plan, figure how to fi- doors for access, but the Supreme prepared these boys and young mem- nance it, but the final requirement for Court doesn’t say a school has to spon- bers for the challenges they are sure to the badge is to start a business. sor the group, provide the schoolbus, face for the rest of their lives. I could go on and on through the list make sure they have some sort of spe- I urge my colleagues to join in de- of merit badges required in order to get cial treatment within the school, give fending the Boy Scouts from unconsti- an Eagle badge. There are millions of them a page in the yearbook. tutional discrimination by supporting boys in this country who are doing that Do we want the World Church of the the Helms amendment. and will be doing that. They do need Creator to have a page in the yearbook It has been said earlier in the discus- places to meet. They are being dis- of your child’s high school? I certainly sion that this is an unnecessary criminated against. They are being don’t. I am embarrassed that this orga- amendment. It brings to mind two told they cannot use school facilities. nization calls Illinois home. In an open things. First, when did we stop doing It isn’t just school facilities; it is and free society, these things are al- unnecessary amendments around here? Federal facilities. A couple of years lowed to exist, but they are not in a And second, this would not be brought ago, we had an opportunity to debate situation where they ought to receive up if it were not necessary. this again on floor, and it had to do special treatment, which Senator I have had a number of opportunities, with the Smithsonian. Some Boy HELMS wants to give them under this needs that should never have happened, Scouts requested they be able to do the amendment. to defend the Boy Scouts and make Eagle Scout Court of Honor at the Na- I urge all of my colleagues on both sure they have places to meet. I have a tional Zoo and were denied. Why? The sides of the aisle, take time to read list of five times it happened during determination by the legal staff of the this carefully. This is not as simple as the year 2000, and eight times already Smithsonian that Scouts discriminate it sounds. The language Senator HELMS this year. This is a young year. because of their support for and en- has put in this bill will create nothing An Iowa city school board voted to couragement for the spiritual life of but trouble for school districts across prohibit Boy Scouts from distributing their members. Specifically, they em- America which will now be forced to any information in schools because of brace the concept that the universe face impossible decisions as these hate- Scouts’ membership criteria. Greg was created by a supreme being, al- filled groups come in, one after the Shields, the national spokesman for though we surely point out Scouts do other, asking for special treatment. Boy Scouts of America, said, ‘‘We sim- not endorse or require a single belief or Join me in voting no against the ply ask to be treated the same way as any particular faith’s God. The mere Helms amendment. any other private organization . . . fact they asked you to believe in and Mr. REID. I have spoken to the Re- [and] that our free speech and right to try to foster a relationship with a su- publican manager of the bill. The Sen- assemble be respected just as we re- preme being who created the universe ator from Wyoming is next, and then spect the rights of others.’’ was enough to disqualify them. Senator WELLSTONE will be recognized The New York Times reported that I read that portion of the letter for up to 15 minutes. Senator DASCHLE, New York’s Chappaqua School District twice. I had just visited the National the majority leader, wishes to use part officials were able to coerce two local Archives and read the original docu- of Senator WELLSTONE’s 15 minutes. Boy Scout troops into signing a document signed by our Founding Fathers. Senator WELLSTONE has given consent ment that denounced national policies It is a good thing they hadn’t asked to to give part of his time to Senator of the Boy Scouts as a condition to al- sign the Declaration of Independence DASCHLE. We will not use any more lowing the troops access to school at the National Zoo. time, but there will be another speak- property. This happens in the schools across er, if that is OK with the Senator from I ask unanimous consent this list be the country. Other requests have been Kansas. printed at the end of my statement. denied. They were also told they were Mr. BROWNBACK. That is correct. The PRESIDING OFFICER. Without not relevant to the National Zoo. That We will maintain the same flow of peo- objection, it is so ordered. is kind of a fascinating experiment in ple as under the unanimous consent re- (See Exhibit No. 1.) words. I did look to see what other quest. Mr. ENZI. Boy Scouts has been a part sorts of things had been done there and Mrs. BOXER. I have another speaker. of my education. I am an Eagle Scout. found they had a Washington Singers The next Democrat after Senators I am pleased to say my son was in musical concert, and the Washington WELLSTONE and DASCHLE would be Sen- Scouts. He is an Eagle Scout. I say it is premiers for both the ‘‘Lion King’’ and ator CLINTON. part of my education because each of ‘‘Batman.’’ Clearly, relevance was not The PRESIDING OFFICER. Without the badges that is earned, each of the a determining factor in those decisions. objection, the order will be so modi- merit badges that is earned, is an edu- But the Boy Scouts have done some fied. cation. I tell schoolkids as I go across particular things in conservation that

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6256 CONGRESSIONAL RECORD — SENATE June 14, 2001 are important, in conservation tied in District to block their attempt to keep School, the Court determined that the with the zoo. In fact, the founder of the the Boy Scouts off public school prop- school violated the club’s first amend- National Zoo was Dr. William erty. The district court found that ment free speech rights by discrimi- Hornaday. He is one of the people who since the school district allowed nu- nating against the group’s viewpoint. was involved in some of the special merous other groups to use public The Helms amendment would assure conservation movements and has one school facilities, they had established a that these free speech protections of the conservation badges of Scouts limited forum. Accordingly, they were would also apply to the Boy Scouts of named after him. not allowed to discriminate against America. If the situations did not arise, this Boy Scout speech simply because they The Boy Scouts of America is one of amendment would not come up. But disagreed with the Scout’s viewpoint the oldest and largest youth organiza- they do arise, as I mentioned with the on homosexuality. In granting this in- tions in the United States and the list of eight incidents already this junction, Judge Middlebrooks wrote: world today. The organization teaches year. Four of those are on a statewide The constitutional rights to freedom of its members to do their duty to God, to basis. speech or expression are not shed at the love their country, and serve their fel- Last summer the Supreme Court in school gate. low citizens. The Boy Scouts have Boy Scouts of America v. Dale held I have to mention, these are exam- formed the minds and hearts of mil- that the Boy Scouts were entitled to ples of where the Scouts were able to lions of Americans and prepared these full protection under the first amend- use the courts to assure that they were boys and young men for the challenges ment right of expressive association. not discriminated against. I am pretty they are sure to face the rest of their The High Court held that State laws sure everybody in America recognizes lives. It is an essential part of Ameri- such as New Jersey’s law of public ac- if you have to use the courts to get cana. I urge my colleagues to join me commodation unconstitutionally vio- your rights to use school buildings, it in defending the Boy Scouts from con- lated the first amendment rights of costs money. It costs time. This stitutional discrimination by sup- this venerable organization if they amendment eliminates that cost and porting the Helms amendment. were applied to force the Boy Scouts to eliminates that time, to allow the or- EXHIBIT NO. 1 accept Scoutmasters whose lifestyles ganizations to have the same rights as EXAMPLES OF BOY SCOUTS BEING violated the Boy Scout oath. The the other groups at school. DISCRIMINATED AGAINST Helms amendment will ensure that It is unfortunate, sometimes, that we On May 21, 2001, the Gay, Lesbian and public schools that receive public edu- have—the legal system is very impor- Straight Education Network—an activist ho- cation funds do not force the Boy mosexual organization—reported that ‘‘After tant in the country but it has some in- launching a campaign last September Scouts to check their first amendment teresting repercussions. Our system of [against the Boy Scouts] the Gay, Lesbian rights at the schoolhouse door. lawsuits, which sometimes are called and Straight Education Network has tracked The Helms amendment simply re- the legal lottery of this country, allow a total of 359 school districts which have sev- quires that the Boy Scouts are treated people who think they have been ered sponsorships with the Scouts since the fairly, as any other organization, in harmed to try to point out who harmed Supreme Court ruling last June’’ their efforts to hold meetings on public them and get money for doing that. It [www.glsen.org]. school property. It does not require On May 11, 2001, the Associated Press re- has had some difficulties for the Boy ported that the Iowa City School board voted public schools to open their doors to Scouts. to prohibit the Boy Scouts of America from any organization for before- or after- I remember when my son was in the distributing any information in schools be- school meetings on public school prop- Scouts their annual fundraiser was cause of the Scouts membership criteria. erty. It provides if the school is going selling Christmas trees. One of the re- Greg Shields, the national spokesman for to provide an open forum for youth or quirements when they were selling Boy Scouts of America said, ‘‘We simply ask community groups before or after Christmas trees was that the boys sell- to be treated the same way as any other pri- school, that school must allow the Boy vate organization . . . [and] that our free ing trees at the lot had to be accom- speech and right to assemble be respected Scouts the chance to use school prop- panied by two adults not from the just as we respect those rights of others. erty for their meetings. same family. On February 8, 2001, the Ashbury Park Unfortunately, many school districts I did not understand why we needed Press reported that the State [of New Jer- are bending to the pressure of far left all of this adult supervision. It seemed sey] is considering a rule change that would interest groups in their attempt to as if one adult helping out at the lot bar school districts from renting space to the deny the constitutional rights of the would be sufficient. The answer was, Boy Scouts of America because of their posi- Boy Scouts of America. A number of tion on homosexuality. they have been sued because there was On February 7, 2001, The Arizona Republic school districts have prohibited the only one adult there and that adult was reported that the Sunnyside School District, Scouts from meeting on public school accused of abusing the boys. Two in Tucson [two-sawn], Arizona decided to property or have pressured local Scout- adults provided some assurance that charge the Boy Scouts of America fees to use ing troops to denounce their very prin- did not happen. school facilities, even though no other ciples on which the organization was The interesting thing is, it was just groups have to pay fees. The ACLU executive founded before they can have meetings me and my son at the lot and we still director said that, ‘‘While Boy Scouts, athe- there. had to have another adult in order to ists, Nazis, even Satanists have the right to An example of this discrimination is keep the Boy Scouts from being sued. express their views, government should not use public money to promote them.’’ in Broward County, FL, where the They run into some of the same dif- On January 28, 2001, the Boston Globe re- school board voted last November to ficulties with car caravans. ported that the Acton School Committee in prohibit the Boy Scouts of America So the legal system of this country Massachusetts decided to prevent the Boy from using public schools to hold meet- has put them in the position where Scouts from distributing literature at ings and recruitment drives. This is they are doing some of the things that school—even though other groups can do so. part of a growing trend of local they are doing. The legal system of the In defending its actions, Acton School Com- schools, which are imposing viewpoint country has caused some of the dis- mittee cited Massachusetts law, which says that schools cannot sponsor the Boy Scouts. discrimination against the Boy Scouts crimination that is done. On January 14, 2001, the New York Times because they disapprove of the Scout’s It is something we need to correct. reported that New York’s Chappaqua School message and the way they put this This discussion of the Helms amend- District officials were about to coerce two message into practice. Fortunately, ment is timely. On Monday of this local Boy Scout troops into signing a docu- the Federal courts have not looked fa- week, the Supreme Court held that a ment that denounced the national policies of vorably on this viewpoint of discrimi- public school in New York was not al- the Boy Scouts of America as a condition for nation against the Boy Scouts in the lowed to exclude the Good News Club, allowing these troops access to school prop- which is a private Christian organiza- erty. early legal challenges to these actions. On January 13, 2001, the Wisconsin State In March of this year, the U.S. Dis- tion for gradeschool children, from Journal reported that the Madison School trict Court for the Southern District of using public school facilities for the Board voted unanimously to post a con- Florida issued a preliminary injunction group’s afterschool meetings. In the demnation against the Boy Scouts of Amer- against the Broward County School Good News Club v. Milford Central ica in all 45 school districts.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6257 On January 11, 2001, the News & Observer ator from California is raising may be which is what we should not do; that is, reported that ‘‘The Chapel Hill-Carroboro valid to the point that this should pass discriminate against any group of citi- school board voted to give Scouts until June 100–0. If this is not seen as a particu- zens, any children anywhere. to either go against the rule of their organi- larly contentious issue, if it is some- That is why I oppose this amend- zation or lose their sponsorship and meeting places in schools.’’ thing that is going to happen and it is ment. On December 18, 2000, the Seattle Union agreed to anyway, I hope we will all I yield the floor. Record reported that a state coalition of ad- support the Boy Scouts. This is, in- The PRESIDING OFFICER. The ma- vocates for gay and lesbian students has deed, about the Boy Scouts, and it is jority leader is recognized. asked Seattle Public Schools to restrict the important to that organization that Mr. DASCHLE. Madam President, I Boy Scouts of America’s access to students has 23 million members worldwide. I think what the Senator from Min- and school buildings. nesota said so eloquently, passionately, On December 2, 2000, the New York Times think it would be a good statement of reported that the Schools Chancellor barred support to them. and accurately probably leaves little New York City public schools from: bidding This issue is about the Boy Scouts left to be said in regard to what this on contracts with city schools, sponsoring and there are legitimate issues that amendment is. Scout troops or allowing the Scouts to re- have been raised. I think we can tight- I rise today to express my disappoint- cruit members during school hours. en the language; if some people are ment with this amendment. On November 20, 2000, the Associate Press concerned about the expansiveness of The Senate has been debating the El- reported that in Mount Pleasant, Michigan, ‘‘youth group,’’ make it just about the ementary and Secondary Education School boards in Minneapolis and New York Act—off and on—for more than eight City, as well as other city and state govern- Boy Scouts and pass it 100–0. ments and groups nationwide, have recently The PRESIDING OFFICER. Under weeks now. cut support of the Scouts because of its gay the previous order, the Senator from This is an important debate. We are policy. In the Detroit suburb of Plymouth, a Minnesota is recognized. talking about the blueprint for federal teachers union asked its school board to ban Mr. WELLSTONE. Madam President, education policy and funding. groups—including the Boy Scouts—that dis- the majority leader is on the floor. I So far, this has been an unusually bi- criminate against gays. will limit my remarks to 3 minutes. partisan debate. On November 16, 2000 Fla. Today reported First of all, I am a son of a Jewish We have been making principled that ‘‘Broward County’s school board voted immigrant who fled persecution from compromises, and real progress. unanimously to keep the Boy Scouts of America from using public schools to hold Ukraine and then Russia. I grew up in And now this. meetings and recruitment drives because of a family where I was taught it was Let me be clear: I believe the Boy the groups ban on gays.’’ [District Court in- wrong to discriminate against anyone. Scouts should have the same access to tervened.] I have tried to teach my children and public school facilities as any other On November 15, 2000 the Telegram and my grandchildren the same. I am private organization. Gazzete reported that in Worchester, Ma, against discrimination of people be- But I fear that is not what this ‘‘Superintendent of Schools Alfred Tutela cause of nationality, race, gender, eth- amendment is about. . . . banned the Boy Scouts from holding I oppose Senator HELMS’ amendment meetings in the properties of the Wachusett nicity, or sexual orientation. Regional Schools District.’’ I commend the Boy Scouts for all of for two reasons. the good work they have done for peo- First: It could usurp the rights of The PRESIDING OFFICER. The Sen- ple. But I am very saddened that the states, counties and local communities ator from California. Mrs. BOXER. Madam President, prior Boy Scouts have engaged in what are to make certain decisions for their own discriminatory policies towards gays schools. to my colleague, Senator WELLSTONE, I ask unanimous consent to speak for 1 and lesbians. I think that is most un- Under this amendment, communities minute. fortunate for what is otherwise a very that feel strongly that discrimination The PRESIDING OFFICER. Without fine organization. based on sexual orientation is wrong objection, it is so ordered. There was a piece of legislation on could face a terrible choice. They could Mrs. BOXER. I say to my colleague, I this floor a number of years ago which either disregard their own conscience. thank him for adding to this debate. said that any school district that ‘‘pro- Or they could follow their conscience But if you believe in the rule of law, moted homosexuality’’ would be cut off and lose millions of dollars that their which we all do, the Supreme Court has from Federal funds. Then I looked at children’s schools need. spoken very clearly on this point. The the operational definition of it down a Both sides have said, throughout this Boy Scouts have equal access to every number of paragraphs, and that in- debate, that one of our goals should be single public school in this country. cluded counseling. So if you have a to find ways to allow communities to The Supreme Court has so declared. So young man in high school and he goes make more decisions about their own I, again, say to my friend, what is the to see a counselor, and if he says: I am schools, not fewer. purpose of this amendment? It is gratu- gay, my friends disowned me, my par- This amendment does exactly the op- itous, it seems to me. It is unneces- ents have disowned me, and I feel posite. sary. It hurts a group of people. It di- worthless—I do a lot of work in suicide The second reason this amendment is vides the country. We already know prevention and the mental health field. such a disappointment to me is that— the Boy Scouts have equal access. With Unfortunately, a high incidence of sui- in my opinion—it tolerates discrimina- all the remarks he has made, if schools cide is among boys who are gay. tion. are not allowing that, they are break- The way the Court has ruled, it is A year and a half ago, Congress ing the law. clear that if, in fact, community awarded the Congressional Medal of We do not need another law which, groups come into schools, so can Boy Honor—the highest honor this nation by the way, opens up a can of worms, Scouts. That isn’t even the issue. The can bestow on civilians—to the ‘‘Little as Senator BYRD, who supports the un- question is whether or not if a school Rock Nine.’’ More than a generation derlying amendment, says. It is a can district has a policy of nondiscrimina- ago, as children, they had the courage of worms. It could invite people in who tion and it chooses not to sponsor the to help desegregate the Little Rock you really do not want. He mentioned Boy Scouts because the Boy Scouts dis- public schools. the Ku Klux Klan and skinheads and criminate against this group of citi- Back then, millions of Americans—in other groups. zens—against gays—it would no longer Little Rock and across this nation—be- I appreciate being given this 1 be able to do so, which then would pro- lieved that segregation was a moral minute. vide Boy Scouts with not access but imperative. Mr. BROWNBACK. I ask unanimous with special treatment. There are many people today who be- consent for 1 minute before my col- That is wrong. It is wrong to say to lieve that discriminating against gays league from Minnesota speaks. any school district in any State and to and lesbians is also a moral imperative. The PRESIDING OFFICER. Without any school board that you have to I understand that. But that is not the objection, it is so ordered. change your policy; that you have to American way. Mr. BROWNBACK. Madam President, sponsor a group which goes against the Over the years, I’ve been honored I think some of the reasons the Sen- very values that you have professed, with awards from many groups.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6258 CONGRESSIONAL RECORD — SENATE June 14, 2001 There are only a few that I keep in with slight modifications determined is a two-way street. What I have heard my office in the Capitol. One is an by the local parents and the schools back and forth this morning is intoler- award I got three years ago this week would in any way jeopardize all Fed- ance on both sides. I will tell you, as a from the National Capital Area Chap- eral funding, it just absolutely amazes Republican, how disappointed I was to ter of the Boy Scouts. me that people on the other side could see from the Republican Steering Com- It’s a sculpture of a young boy. I make such an argument. mittee this morning chapter and verse keep it in my office because of my pro- So I believe, with all my heart, that of instances where a homosexual man found respect for the good work the we should not be discriminating and Scout leader was also a pedophile. Boy Scouts have done in this country against anyone in our country. But cer- The inference they are trying to draw for more than 90 years. tainly a local district that tries to is that if you are a homosexual, ergo, We believe in principled compromise. work out whatever its problems are you are a pedophile and cannot be a But we cannot compromise on funda- with the Boy Scouts, and makes a deci- Scout leader. That is no more true mental issues of civil rights. sion that it considers in the best inter- than the proposition that a man who Supporters of this amendment say ests of its children, should not face the coaches a girl’s soccer team will nec- they are merely defending the con- peril of losing all Federal funding that essarily sexually abuse the girls. stitutional right of free association. should be made available to educate We have to get beyond these stereo- They say they are simply protecting our children, which is what we have types. This is wrong; this is intolerant; the right of a private organization to been debating now for more than a and it goes both ways. set its own rules. month. So I believe Senator HELMS is here in But the Supreme Court has already So I hope all of us will join in reject- good faith. I believe he is going to ruled that the Boy Scouts have the ing this amendment and making clear amend his amendment. I believe we can same right as any other community or that we respect the Boy Scouts, we re- narrow it in a way to exclude those youth group to use school facilities. spect the Girl Scouts, and we espe- groups who do not have national char- This amendment seeks special rights cially respect local control over edu- for one organization. It could force ters with this Government or in some cational facilities and opportunities. way to say that, yes, we do feel a need communities to grant that organiza- Thank you, Madam President. tion special privileges—or lose thou- The PRESIDING OFFICER. Under to stand up for the Boy Scouts of sands, perhaps millions of dollars in the previous order, the Senator from America. federal education aid. Oregon is recognized for 10 minutes. Assuming we find that language, I in- It is sad to see the Boy Scouts—a Mr. SMITH of Oregon. Madam Presi- tend to vote with Senator HELMS be- group that has worked for more than 90 dent, I think I am going to come at cause, I will tell you, what I learned as years to avoid political polarization— this issue more differently than any of a Scout is an ideal that I want to see being used now by some to foster polit- my colleagues who have spoken so far. preserved for our country. And I don’t ical polarization in this Senate, and in I stand here as an Eagle Scout. I want them excluded from the national our society as a whole. stand here as an Oregon Senator. I parks; I don’t want them excluded from I hope my colleagues will reject this stand here as one who believes that our public places; because I believe amendment. I hope that we can work gays and lesbians are due equal rights. what I learned as a Boy Scout is as in- together to finish this good bipartisan I have tried to demonstrate that in the valuable and as enduring today as it education bill because our children’s way I have conducted my service in the was when I learned it as a 12-year-old future, our country, and the rights of Senate, by supporting Jim Hormel’s boy. all people, minorities, and those who nomination to be an Ambassador for Madam President, we are doing a are not minorities, stand in the bal- our country, by being the cosponsor, school bill here because we want to ance. with Senator KENNEDY, of hate crimes help our kids. Let me tell you what I I yield the floor. legislation, and by now endorsing a learned as a Scout. We memorized it. I Mrs. CLINTON. Madam President, if new version of ENDA that has a broad- have to use these glasses now. I didn’t I could have 2 minutes to associate my- er religious exemption. I believe I then. But these are the qualities I self completely with the majority lead- stand here with some credibility when would like taught in school: A Scout is er’s eloquent statement, I rise in oppo- I come to the issue of tolerance. trustworthy, loyal, helpful, friendly, sition to this amendment for all of the One of my core values is that if we courteous, kind, obedient, cheerful, reasons that the majority leader has are to be true disciples, we should love thrifty, brave, clean, and reverent. just outlined; but also, further, to say one another. I try actively not to dis- Then you come to the Scout oath. I was honored to serve for 8 years as criminate. But I believe I just heard The last phrase is what everybody fo- the Honorary Chair of the Girl Scouts the majority leader and the Senator cuses on anymore. I didn’t even know of America. I know the value of the from New York say that the Boy what it meant in a modern context Girl Scouts and the Boy Scouts. Scouts have a right to be in the schools when I learned it as a boy. It is: To deprive any youngster of the op- but we can discriminate against them. On my honor I will do my best portunity to participate over this issue And that is what impels me to this To do my duty to God and my country strikes me as regrettable at the very Chamber this morning. And to obey the Scout law; least. This amendment of Senator HELMS is To help other people at all times; The Girl Scouts don’t discriminate. not raised in a vacuum. It hurts me To keep myself physically strong, We have had an organization that has personally, as one of five sons of my Mentally awake, gone for so many years without any of parents to have the Eagle badge, and and morally straight. this difficulty. It should be up to the the father of another Eagle, and an- Do you know what I knew as a boy local level to determine whether or not other son on the way to Eagle, to see about ‘‘morally straight’’? I didn’t a local school district wishes to have the values of that organization held up know anything about gays or lesbians the Boy Scouts offer these services to to ridicule by some on the left who I or ‘‘straight.’’ What I was taught that youngsters in their schools and in their believe are terribly intolerant and who meant was that as a boy and a young districts. do discriminate against people of faith man I should be sexually abstinent and I am absolutely amazed that my whenever they can. that as an adult and a married man I friends on the other side would propose I will tell you that in my working should be sexually faithful to my an amendment that so totally evis- with the Human Rights Campaign, the spouse. Is that wrong? I know that that cerates local control. It is already un- folks there with whom I have worked is a tough standard, but I say the U.S. necessary, as we know, with respect to have been very respectful of religious Senate should keep that ideal high. the use of facilities. The Supreme faith and have worked with me regard- And we can do it by supporting the Boy Court has already, as it did again yes- ing religious organizations under the Scouts of America. terday, reaffirmed access to public proposed ENDA law. I think that was a So while we are working out the lan- school facilities. tolerant thing for them to do. guage on the Helms amendment, I If we are saying that having the Boy My great frustration is trying to say thank the Senator from North Carolina Scouts either in its present form or to the right and to the left: Toleration for the spirit of the amendment that

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6259 says these ideals, these values are valu- was a senior Girl Scout leader, and I tunity to meet or discriminates able still. was a Boy Scout leader for my son. against any group affiliated with the Madam President, I think what is I think the Boy Scouts do a tremen- Boy Scouts of America or any other often lost in this debate about the Boy dous job in this country for a lot of youth group that wishes to conduct a Scouts is how it is even organized. The young people, and I want them to con- meeting within that designated open Boy Scouts is a national institution tinue to do that. forum—and that is where the language with a national charter with this Gov- The opposition to this amendment is being worked on right now—on the ernment, and it is put out for any comes because the Boy Scouts already basis of the membership or leadership group that wants to sponsor it. They have equal access to our facilities. criteria of the Boy Scouts, their fund- are called chartering institutions. Most They have them under current law, and ing is limited. of the chartering institutions are it has been affirmed by court decisions. As the Senator from North Carolina churches and synagogues. Some are po- The concerns on our side are that this pointed out, most of these never get to lice stations. Some may even be a amendment and the language of the that point. The Department of Edu- school district. But I tell you, we ought amendment as written will give the cation looks at it, investigates. It is to understand the spirit of religious ac- Boy Scouts access above and beyond worked out at the local school district commodation. It ought to apply to the any other group that asks for a school level. This all gets worked out. The op- Boy Scouts as well. But in many cities facility. erative point here is that if the Boy in our country, this organization is As a former school board member, Scouts are going to be discriminated being singled out for discrimination, the bind that will put our school dis- against, you are going to go into a and it is wrong because this is a stand- tricts in, as they look at this language process of being reviewed on your Fed- ard. and are told that if a church group eral funding. These are values that I want taught comes to them and another group, per- Is this a legitimate concern? Some in public school. And these are values haps seniors who are looking for tutor- have raised the point this is not a le- that when I live them, my life is better ing, and Boy Scouts, is that they will gitimate concern. Let’s look at the for it and my pursuit of happiness is have to pick the Boy Scouts over those headlines. In the year following the de- more full. other groups. School boards make cision of the Supreme Court, the Boy So I hope we can find the right lan- these decisions based on a lot of dif- Scouts v. Dale, which affirmed the guage because this Eagle Scout feels a ferent local decisions: On space, on how Scouts’ right of free association—that need to vote for the Boy Scouts of the facility will be used, on how many is the issue here, right of free associa- America on the floor of the U.S. Sen- janitors they are going to have to hire, tion, in the Constitution; it has been a ate. on what other kinds of demands there raging storm. The New York Times has I yield the floor. are on their facilities. Their underlying compared the Scouts to a hate group. The PRESIDING OFFICER. The Sen- goal as a school board is to make sure Robert Scheer of the Los Angeles ator from California. the kids in their district are educated. Times characterizes Scouts as engaged Mrs. BOXER. Madam President, with We have to leave this decision in their in hateful politics. They have been ac- the agreement and the graciousness of hands and not put language into the cused of bigotry. Activists groups have Senator BROWNBACK, we will have Sen- Elementary and Secondary Education expressed being appalled at some of the ator MURRAY speak for 3 minutes, and Act that forces them to choose one Scouts’ positions. Unfortunately, many I ask unanimous consent to speak for group over another. school districts have responded to the 30 seconds. Equal access is currently provided controversy by attempting to discrimi- The PRESIDING OFFICER. Without under law and by the courts. What we nate against the Boy Scouts. objection, it is so ordered. cannot do is tie the hands of school This is a point I am reiterating from Mrs. BOXER. I will never forget my boards to give unequal access to a the Senator from Wyoming, a former daughter when she was that little group, even though all of us on the Eagle Scout. I, unfortunately, was not Brownie girl. All the women Senators floor may agree that it is a great an Eagle Scout. We didn’t have the Boy are giving the proceeds of our book to group. Scouts in Parker, KS. I wish we had. the Girl Scouts. There isn’t anyone on Mr. SMITH of Oregon. Will the Sen- My son was in the Boy Scouts. It is a this side of the aisle who doesn’t be- ator yield for a question? great organization. Some of the school lieve it is very important to have orga- Mrs. MURRAY. I am happy to yield districts have followed on after this nizations such as these to help our for a question. sort of hyperbole and rhetoric regard- kids. We also believe, however, if you Mr. SMITH of Oregon. I say to Sen- ing the Boy Scouts and they have read this amendment, it is not about ator MURRAY, I don’t cast aspersions on started to respond. equal access for the Boy Scouts. anyone. But I have heard a few say Listen to what is happening. I yield to the Senator from Wash- that the Boy Scouts are discriminators In Seattle, the home State of the ington. and therefore should be discriminated. Presiding Officer, from the Seattle The PRESIDING OFFICER. The Sen- I have heard that in several remarks. I Union Record: ator from Washington. am only making reference to that. I be- Safe Schools Coalition Asks for Restricted Mrs. MURRAY. Madam President, I lieve some legitimate concerns about Access for Seattle Scouts. want to respond quickly to the Senator the amendment have been raised. I am From the South Florida Sun-Sen- from Oregon. I was concerned with his hearing from some that the Boy Scouts tinel: mischaracterization of those who op- are out of date and old-fashioned. I am pose this amendment. As I heard him, saying they ought to remain in fash- Broward School Board to Review Scouts’ Lease. I felt he was saying those who support ion. this amendment support the Boy The PRESIDING OFFICER. Under From the Detroit News: Scouts and the values of the Boy the previous order, the Senator from Plymouth Schools to Vote on Ban on Scouts, and those who oppose it oppose Kansas is recognized for 10 minutes. Scout Meetings. the Boy Scouts. Mr. BROWNBACK. I appreciate that. This is an active issue against the I tell the Senator from Oregon and I rise in support of the amendment. Boy Scouts of America. People are say- our colleagues, that is absolutely not This is one that should pass 100–0. ing the Boy Scouts is a good organiza- the case. I have sat here and listened to Hearing some of the comments on both tion: we like the Boy Scouts, are part the entire debate. Everyone who has sides of the aisle, I am not sure I un- of the Boy Scouts, continue to be a opposed this amendment has spoken derstand why there should be any oppo- part of the Boy Scouts; we should let about the Boy Scouts personally in sition to it. them have public access. If you think their own lives, including me. I remind I will read the applicable part of the this is an insignificant amendment, the Senator from Oregon that I was a amendment. It is on page 2. It says to vote for it 100–0 then. Brownie. I was a junior Girl Scout. I any State educational agency, if a Unfortunately, the school districts’ was a Girl Scout. I was a Brownie lead- school, or schools served by the agen- response to this controversy is based er. I was a junior Girl Scout leader. I cy, denies equal access or a fair oppor- on what other people are saying about

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6260 CONGRESSIONAL RECORD — SENATE June 14, 2001 the Boy Scouts of America and not A Scout is cheerful. A Scout looks I think this last quote from the Boy what the Boy Scouts are doing or say- for the bright side of things. He cheer- Scouts is particularly appropriate. In ing. In Kansas, we have a tradition and fully does tasks that come his way. He truth, this debate is not about the a thought that is appropriate to bring tries to make others happy. They may Scouts—it is about the politics of the here; that is, that you take people at be being tasked on that one at this day into which the Scouts have been their word. Rather than attempting to point in time. swept. They have had this motto, and characterize the nature of the Boy A Scout is thrifty. A Scout works to they have had these views and they Scouts as an organization or offering pay his way and to help others. He have been an organization 90 years. As just my opinions on that, I think we saves for unforeseen needs. He protects far as the politics of banning one of the ought to let them speak for them- and conserves natural resources. He oldest and most noble youth organiza- selves. We talk a lot on the floor about carefully uses time and property. A tions in this country from public prop- character, the need for character, the Scout is brave. A Scout can face dan- erty, we cannot, should not, and we need for that in this country. Every- ger, even if he is afraid. He has the must not let this happen. body would agree we need character. courage to stand for what he thinks is I call on all of my colleagues in the We need to bring back those funda- right, even if others laugh at or threat- Senate to pass this worthy amend- mental principles that this country en him. And they are being threatened ment. With that, I yield the floor. was built upon. today. The PRESIDING OFFICER (Mrs. Are the Boy Scouts a part of that? A Scout is clean. A Scout keeps his CLINTON). The Senator from Massachu- First and foremost, consider the ques- body and mind fit and clean. He goes setts. tion of whether or not Scouts are a around with those who believe in living Mr. KENNEDY. Madam President, hate group, as some have alleged. It is by these same ideals. He helps keep his the Helms amendment is a solution in important to go back to the roots of home and community clean. He helps search of a problem. The Senator from this 90-year-old organization, look at keep his home and community clean. A North Carolina says his amendment is the values upon which they exist. Scout is reverent toward God and needed because schools are excluding Let’s consider their oath the Senator faithful in his religious duties. Listen the Boy Scouts from using their facili- from Oregon was citing, which I think to this one. He respects the beliefs of ties, and this is simply not true. Just is so beautiful. It is something we all others. this week, the Supreme Court re- ought to memorize as U.S. Senators I don’t see any hate espoused there. affirmed the right of groups such as the and others: In fact, quite the contrary, the Scout Boy Scouts to use public school facili- On my honor I will do my best law advocates respecting the beliefs of ties. This amendment is about pun- To do my duty to God and my country others. Yet the Scouts’ beliefs are not ishing schools that decided to no ‘‘In God we trust,’’ above the halls of being respected here and they are being longer sponsor the Boy Scouts because the Senate, major door through which singled out for discrimination, and of their exclusionary membership pol- we walk. some are even alleging they are dis- icy. And to obey the Scout law; criminatory. Helping others is part of Currently, 359 school districts, with a To help other people at all times; total of 4,418 schools in 10 States, in- To keep myself physically strong, it, as are being gentle and treating oth- mentally awake, ers with respect. That is part of their cluding Massachusetts, no longer spon- and morally straight. core values. Considering all of the vio- sor the Boy Scouts. This is the statute As a parent of five, I like that. I lent and hateful influences which our in my State of Massachusetts: think that is pretty good. I think that children are exposed to on an hourly Extracurricular activities, advantages, and is pretty good character education. I basis, I find it supremely ironic that privileges of public schools include all extra- don’t see anything hateful in it. How- curricular activities made available, spon- school boards are so concerned with sored, or supervised by any public school. No ever, the oath does refer to the Scout the influence of an organization whose school shall sponsor or participate in the or- laws. Maybe we need to look to see if slogan is ‘‘do a good turn daily.’’ ganization of outside extracurricular activi- this is a hate group or not. Looking at the Scouts’ founding ties conducted at such school that restricts In the Scout group, they call for principles may not be enough to clear student participation on the basis of race, trustworthiness. A Scout tells the the record. Perhaps it is better to take color, sex, religion, national origin, or sexual truth, keeps his promises. Honesty is them at their word regarding the par- orientation. part of his code of conduct. People can ticular issue of this debate—their stand This does not prohibit school com- depend on him. A Scout is loyal. A on having homosexual leaders. The mittees from allowing the use of school Scout is true to his family, Scout lead- question I believe many school boards premises by independent groups with ers, friends, school, and Nation. A in the country are asking is, Are the restrictive membership. Therefore, Scout is helpful. A Scout is concerned Boy Scouts of America a homophobic they can use the facilities. The Massa- about other people. He does things will- organization? To which I would aggres- chusetts statute indicates they can’t ingly for others without pay or reward. sively respond: No. No, they are not. be made to sponsor. That is a nice notion to bring back. Even in their own creed they say ‘‘re- The Helms amendment is attempting A Scout is friendly. A Scout is a spect for diversity.’’ to override the State statute and the friend to all. He is a brother to other I want to put in a quote the Boy decisions being made locally. I think Scouts. He seeks to understand others. Scouts forwarded: that is unwise, unnecessary, and He respects those with ideas and cus- The Boy Scouts of America respects the wrong. Although the schools do not toms other than his own. rights of people in groups who hold values sponsor the Boy Scouts, the Scouts are A Scout is courteous. A Scout is po- that differ from those encompassed in the still given access to school facilities as lite to everyone, regardless of age or Scout Oath and Law, and the Boy Scouts of any other group. The Boy Scouts may position. He knows good manners make America makes no effort to deny the rights have a constitutional right to use pub- it easier for people to get along to- of those whose views differ to hold their atti- lic school facilities. They do not have gether. A Scout is kind. A Scout under- tudes or opinions. the right to demand school sponsor- stands there is strength in being That is what the Boy Scouts say and ship. Yet that is exactly what the gentle. He treats others as he wants to do themselves. Scouts come from all amendment allows them to do. be treated. He does not hurt or kill walks of life. They are exposed to di- The amendment also contains a harmless things without reason. A versity in Scouting that they may not harsh punishment on the schools that Scout is obedient. A Scout follows the otherwise experience. I know from my decide no longer to sponsor the Boy rules of his family, school, and troop. work with the Scouts, it is a diverse Scouts with the loss of all Federal edu- He follows the rules of the school. He group. It gives a lot of opportunity to cation funds. I strongly urge my col- obeys the laws of his community and a lot of kids. The Boy Scouts of Amer- leagues to vote against the Helms country. If he thinks these rules and ica aim to allow youth to live and amendment. laws are unfair, he tries to have them learn as children and enjoy Scouting Madam President, we have been on changed in an orderly manner rather without immersing them in the politics the floor for 8 weeks attempting to try than disobeying them. of the day. to fashion and shape legislation that

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6261 was going to enhance the education of Scouts of America? Of course, it is. there are some who do not respect the children all over this country. We have Why do you think these people have Boy Scouts’ message. Some school a good bill, and it seems to me to be been standing up and telling how long boards are taking action to prevent the unwise in that effort to bring effec- they served in the Girl Scouts in a Boy Scouts from distributing recruit- tively something that these children tearful sort of way? The goal here is ment information and holding meet- have no control over. We are giving ac- the goal of the organized lesbians and ings and not, as has been suggested, be- countability to the children to exceed homosexuals in this country of ours. cause some more appropriate group themselves in the challenge they are On January 28 of this year, the Bos- needs the space but because of what facing. We put additional challenges on ton Globe reported that the Acton the Scouts believe. That is why I have teachers, on parents, on schools. We School Committee in Massachusetts chosen to speak today to voice my con- are encouraging the States for greater decided to prevent the Boy Scouts from cerns regarding the discrimination the participation and involvement. Now we distributing literature at school even Boy Scouts are facing and to support have this amendment, the results of though all other groups can do so. In the Helms amendment that will allow which would deny the benefits of the defending its actions, Acton School the good work of the Scouts to con- advantages of this legislation to reach Committee cited Massachusetts law tinue in schools. many different children in our country. that says schools cannot sponsor Boy Last year, the U.S. Supreme Court It seems to me to be unwise. I hope the Scouts. upheld the Boy Scouts’ first amend- amendment is defeated. On January 14 of this year, the New ment right of association to create The PRESIDING OFFICER. The Sen- York Times reported that New York their own criteria for Scout leaders, ator from North Carolina. Chappaqua School District officials even if that means prohibiting homo- Mr. HELMS. As the Chair knows, I were able to coerce two local Boy sexual leaders in order to uphold its obtained unanimous consent that I Scout troops into signing a document focus on strong moral values. That was might deliver my remarks from my that denounced the national policies of in Boy Scouts v. Dale. chair for obvious reasons. the Boy Scouts of America as a condi- Since that critical Supreme Court I have listened in fascination to the tion for allowing these troops access to decision, the Boy Scouts have experi- discussion on the Senate floor this school property. enced serious discrimination for exer- morning and this afternoon. It bears Don’t you see what is going on here? cising their constitutionally protected out exactly what I was told was going The Supreme Court knocked them in rights, and that is not right. on in the way of the lining up of oppo- the head. The Supreme Court stood up Boy Scout troops across America are sition on the other side to this amend- for the Boy Scouts of America, exactly facing obstacles put in place by school ment by the homosexual-lesbian lead- as I am trying to stand up for them. boards. In a Wall Street Journal article ers in this area. Let me say at the out- I am a little bit sick at my stomach from last July, it was noted that poor set that I don’t like the corruption of a at some of the mewling and puking minority children will suffer the most once beautiful word ‘‘gay’’ which has that has gone on in this debate this as a result of this all-out attack on the been adopted as a description of con- morning and this afternoon. Boy Scouts. duct that is anything but that. On January 11 of this year, the News It is vital to hold Scout meetings in It is all right with me if the other and Observer, my favorite newspaper in local public schools, particularly in side wants to make a political football Raleigh, NC, said that the Chapel Hill- inner-city neighborhoods because often out of this thing, but they were not Carrboro School Board voted to give that is the only safe place for these prepared and they had not been ener- Scouts until June—la-di-da—either to kids to congregate. gized when this amendment came up go against the rule of their organiza- The Senator from Massachusetts said the first time. In any case, I have heard tion or lose their sponsorship and the amendment is a solution looking here that the Boy Scouts are not being meeting places in schools. for a problem, but the Congressional discriminated against and all of this is I have two or three more pages. If Research Service has reported already false, and so forth and so on. anybody is interested, Madam Presi- nine specific school boards have taken Let me give a few examples. On May dent, I will be glad to read them into action to restrict Boy Scout access to 11 of this year, the Associated Press re- the RECORD. Otherwise, I am going to public school facilities. The Senator ported that the Iowa City school board place them in the RECORD so they can from North Carolina had just gotten voted to prohibit the Boy Scouts of be examined when the vote has been started reciting a litany of examples America from distributing any infor- taken, and if the other side manages to where this has occurred and apparently mation in schools because of the defeat this amendment, as has been ad- has several more pages from which he Scouts’ membership criteria. A spokes- vocated and worked for by the orga- can read. man for the Boy Scouts of America: nized groups to which I have been re- This is a problem, unfortunately, We simply ask to be treated the same way that requires a solution, and the point as any other private organization and that ferring, then it will be there for the our free speech and right to assemble be republic to see who is who and who is for of his amendment is to stop the trend spected just as we respect the rights of oth- what. so we do not have any more examples ers. I am going to pause momentarily, and so the Boy Scouts do not have to On February 8 of this year, the As- but I will be back, because Senator KYL continually litigate every time they bury Park Press reported that the has been waiting to address this want to enforce their constitutional State of New Jersey is considering a amendment. I thank the Senator for rights. rule change that would bar school dis- coming. I yield to him. This Congress has taken action over tricts from renting space to the Boy The PRESIDING OFFICER. The Sen- and over where the Supreme Court has Scouts of America because of their po- ator from Arizona. guaranteed rights to a group or an in- sition on homosexuality. Mr. KYL. Madam President, I rise in dividual or a cause of one kind or an- On February 7 of this year, the Ari- support of the Helms amendment. other, and we have sought to embody zona Republic reported that the Sunny- Since 1910, for the past 91 years, the in the law a remedy so that the entity side School District in Tucson decided Boy Scouts of America have been in- or the group does not have to con- to charge the Boy Scouts of America stilling in young boys the values of stantly go to court to battle for these fees to use school facilities, even personal responsibility, community, constitutionally guaranteed rights. though no other groups have to pay for and duty to God, respect for individual That is what is meaningful about the use. beliefs, and patriotism. Millions of kind of action that is being proposed The ACLU executive director said: boys have become better citizens be- today. While Boy Scouts, atheists, Nazis, even sa- cause of the availability of Scout An example as recently as November tanists have a right to express their views, troops in their communities. 2000, the Broward County School Board Government should not use public money to I respect the message of the Boy voted to prevent the Boy Scouts alto- promote them. Scouts and respect their commitment gether from using public schools to What goes on here? Is this not really to instilling these ethical and moral hold meetings and recruitment drives. an attack by one group on the Boy values in young boys. Unfortunately, They challenged this in the Federal

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6262 CONGRESSIONAL RECORD — SENATE June 14, 2001 court, and the Boy Scouts won the ini- protect their rights. They will continue ington zoo was one of the founders of tial victory. to be able to meet and teach young Boy Scouts. They were not allowed be- In March 2001, the district court boys strong moral values. I hope others cause they discriminate against athe- issued a preliminary injunction that will join in supporting this very impor- ists. The oath required that boys do will allow the Boy Scouts to continue tant and needed amendment to this their duty to God. They said if you their regular meetings and recruit- bill. were an atheist, you could not take the ment. The PRESIDING OFFICER. The Sen- oath; therefore, you were a discrimina- Yes, it is true that some have argued ator from Alabama. tory organization and you could not there is a remedy for the Boy Scouts to Mr. SESSIONS. Madam President, I use the property at the Washington zoo enforce their constitutionally pro- appreciate the opportunity to discuss to have a Court of Honor. tected rights. Why wouldn’t we want to this issue. I think it is an important We raised that point. It was not assist them so they do not have to go issue. There is a real problem we need lightly taken. There were letters writ- through expensive court litigation to wake up and face. As a former Boy ten to defend it. But when confronted every time another school board de- Scout and former Eagle Scout, I feel with it, the leader of the zoo cides to take this kind of discrimina- strongly about it and want to share capitulated and apologized and said tory action. some remarks on the subject. that was not a good policy and they This past Monday, the Supreme We grew up in a little community would not continue to adhere to it. Court held that a public school vio- outside of town with nine boys in the What is troubling to me is that we lated the Christian organization’s free community. Of the nine, eight became have skirted the issue some, but there speech rights by excluding the club Eagle Scouts and one was a Life Scout. is a group of Americans who believe from meeting after school. The Court We always teased him, why he didn’t very strongly—and I don’t disparage found the school was discriminating finish, and he always said he regretted their motives—that the Boy Scouts’ against the club because of its religious not having completed the program, one position on gay Scoutmasters is not nature, and the Court rejected this step from being an Eagle Scout. appropriate, and they have set about to viewpoint discrimination. Every Thursday evening, we went to punish the Boy Scouts. I don’t think More and more the Court is acknowl- town, and we had to pool our cars. A there is anybody here who would deny edging the fact it is appropriate for us parent or kids who had their license it. They are politically active. They to protect these kinds of rights. There would drive to our meeting. We would work United Fund committees, and are about 85,000 Cub Scouts and Boy do camps together. We did the Scout they work school boards and city coun- Scouts in my own State of Arizona. oath and Scout laws every Thursday cils. And they seek to get them to They rely on every public elementary night: eliminate Boy Scouts from public fa- school in Arizona to open the cafeteria On my honor I will do my best cilities. That is what is happening. or another room in afterschool meet- To do my duty to God and my country There is no mystery about that. ings and help Scouts distribute infor- And to obey the Scout law; We give a lot of Federal money to mation. To help other people at all times; school systems. I don’t believe every I have gone to these schools and par- To keep myself physically strong, time something irritates us that the ticipated in the awarding of Eagle mentally awake, Federal Government ought to get in- Scout badges, for example. I suspect al- and morally straight. volved, but I feel strongly abut this. most all of us have done that, and it I never thought that much about it, The Supreme Court of the United makes us feel very good to be sup- but over the years that had an impact States upheld the right of the Boy porting these youngsters who really on my life. In our town, people re- Scouts to make this determination. want to become very good citizens. mained in Scouts into their senior year Even in my State of Arizona, the Boy in high school. Some say there is no discrimination Scouts have been subjected to this kind The first time I came to Washington going on against the Scouts. There of discriminatory practice by school was with a Boy Scout troop. We had a plainly is. It will plainly continue. As boards. One district outside of Tucson 50th anniversary of that troop, and 60 far as I am concerned, if there is a will simply not sponsor Scouting any- had been Eagle Scouts. From the 9 school system in America that says to more. It has nothing to do with the boys of my little community, 15 miles a little Boy Scout troop, such as troop need of other school activities for the outside of the town, every one of them 94 in Camden, AL, you can’t have a space that has been devoted to the had a full degree from college, several meeting on school grounds because of Scouts. have Ph.D.’s, law degrees, and ad- your policy concerning your leadership Another school district began charg- vanced degrees. One is a medical doc- and the behavior of your members, you ing fees for the Scouts to use its facili- tor. One is a dentist. can’t have it here, even though the Su- ties, but the same district does not It meant a lot to me. We also did the preme Court said yes, as far as I am charge a fee for any other group. Why Scout laws every Thursday night: A concerned, they don’t need Federal charge the Scouts? The district said scout is trustworthy, loyal, helpful, money and I am not voting to give it to the Boy Scouts do not meet the goals friendly, courteous, kind, obedient, them. and objectives of the school district. cheerful, thrifty—that is a good word That is where we are. I am not sure In another district, school employees we don’t use much anymore—brave, exactly how the language is going to took it upon themselves to throw away clean, and reverent. The word ‘‘God’’ is come out. I know Senator HELMS would recruitment fliers in order to prevent used and the word ‘‘reverent’’ is used, like to make sure there was the least the Boy Scouts from getting its infor- but it is decidedly not a sectarian orga- possible controversy over it. I would mation out to the students. nization. Not one bit of the literature like that also. I firmly believe we I think the need for this is clear. The or otherwise suggests that. To the con- ought to affirm through governmental Boy Scouts need our help to ensure trary, it is an organization that en- entities and organizations the kind of equal access to our public schools. courages boys to develop a spiritual character-building program to which They should not be forced to contin- side and to recognize that they are in- the Boy Scouts are committed. ‘‘Do a ually go to court to protect their con- deed more than a random collection of good turn daily’’ is the motto. stitutionally guaranteed rights. particles but are created persons. That I read and clipped an article that If they are denied access for legiti- is a key component of the Boy Scouts. brought tears to my eyes, an article in mate purposes, this amendment does Several years ago my friend, Senator one of the newspapers about Boy not apply. It is only to enforce their ENZI from Wyoming, talked about Scouts in Rwanda. They had all their right against discrimination. They are being an Eagle Scout, as is his son. He uniforms confiscated, but they had experiencing hostility and exclusion told a story about the Washington zoo their kerchiefs. The picture with that from some public schools. It has to in the U.S. capital. The Washington article showed those Scouts at a hos- stop. zoo would not allow the Boy Scouts to pital in war-torn Rwanda, cutting the The Helms amendment ensures they have a Court of Honor. And, by the grass. They were interviewed, and they are not going to have to go to court to way, one of the founders of the Wash- said: We always do a good turn daily. I

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6263 tried to get them some help. The arti- with a program that teaches skills and to our nations’ public school facilities. cle went on to say that when the to- values that will help those youth The Boy Scouts already have access to talitarian leader took over, he op- throughout their lifetimes. Over the our public schools, access that is guar- pressed the Scouts; he took their uni- past 91 years, more than 100 million anteed by the Constitution. As reforms and their books, and he forced young men and women have been cently as this past Monday, the Su- all the young people to join, for lack of served by Scouting. For those young preme Court confirmed in the case of a better word, a Hitler-type youth people, Scouting has provided a pro- Good News Club v. Milford Central group of which everybody had to be a gram of values and leadership, joined School that when a public school estab- part. They refused. They stayed true to with an opportunity to improve them- lishes a limited open forum, the school their oath. Under oppression we have selves by helping others. may not discriminate on the basis of the finest example of commitment. The BSA is primarily concerned viewpoint among groups wishing to use That was very moving to me. about the youth it serves. Its mission that forum. Under that decision and its These ideals are wonderful ideals. I statement states: ‘‘The mission of the predecessors, the Boy Scouts already find it difficult for anyone to conclude Boy Scouts of America is to prepare have the same right to use public that there is something unhealthy in young people to make ethical choices schools as any other group. We do not the way the Boy Scouts do business. It over their lifetimes by instilling in need to echo the Constitution’s clear ought to be affirmed and nurtured. A them the values of the Scout Oath and protections through an amendment to school system that will not provide Law.’’ The Scouting program has three the reauthorization of the Elementary them their constitutional right does specific objectives, commonly referred and Secondary Education Act. not deserve a dime of Federal money, to as the ‘‘Aims of Scouting.’’ They are in my opinion. I think the Helms character development, citizenship Moreover, this amendment does more amendment will help deal with that training, and personal fitness. The than simply reiterate what the Su- and get some attention from around methods by which the aims are preme Court has already made clear the country. achieved are Advancement, Uniforms, about access to our public schools. It I yield the floor. Outdoor Program and Skills, Youth conditions federal funding on the will- Mr. REID. Mr. President, today, the Leadership, Patrol Method, Commu- ingness of school districts to accept U.S. Senate made a strong statement nity Service, and Adult Association. In groups with ‘‘membership or leadership in support of the right of the Boy addition, the Scouting Program criteria, that prohibit the acceptance Scouts of America and other youth through a variety of means works to of homosexuals.’’ Districts that refuse groups to enjoy equal access and a fair prevent child abuse, drug abuse, hun- space to any groups besides the Boy opportunity to use the facilities of our ger, functional illiteracy, and teen un- Scouts, or groups with similar views on Nation’s public schools. I am proud to employment. homosexuality, are subject to no Con- have joined my Senate colleagues in Scouting has become an American in- gressionally-mandated penalty. Indeed, supporting an amendment to S. 1, the stitution, a natural element in most the only specially protected viewpoint Elementary and Secondary Education communities. Scouts exemplify the under the Elementary and Secondary Act, which will codify in Federal law values outlined in the Scout Oath and Education Act would become the re- recent decisions by the Supreme Court Law and dedicate themselves to serv- fusal to accept gays and lesbians. I am of the United States upholding these ing their communities. uncomfortable with the Congress en- basic rights of equality and fairness for The BSA respects the rights of people dorsing these particular views above the Boy Scouts. and groups who hold values that differ all others, and I believe that the courts I am also a strong supporter of the from those encompassed in the Scout would likely find this to be impermis- right of private organizations such as Oath and Laws, and the BSA makes no sible viewpoint discrimination. The Su- the Boy Scouts to organize as they effort to deny the rights of those whose preme Court has stated that: ‘‘Regula- wish. My son was on Eagle Scout, and views differ to hold their attitudes or tions which permit the Government to I know firsthand the values on which opinions. Likewise, the Boy Scouts of discriminate on the basis of the con- the Boy Scouts and the Girl Scouts America aims to allow youth to live stand. The Scouts stand for strong and to learn as children and enjoy tent of the message cannot be tolerated moral character, duty to God, a respect Scouting without immersing them in under the First Amendment.’’ Simon & for the rule of law, service to others the politics of the day. Unfortunately, Schuster, Inc. v. Members of the N.Y. and loyalty and allegiance to country. certain groups dissatisfied with the State Crime Victims Bd., 112 S. Ct. 501, Based upon these high standards, the Boy Scouts of America’s membership 508 (1991). In my opinion, this amend- Boy Scouts and any such private orga- policies and the moral views on which ment would do precisely what the nization should be allowed to deter- they are based have suggested that the Court has said the First Amendment mine its own membership without in- BSA not have the privilege of meeting prohibits. terference. This prerogative has been in public schools or distributing re- I oppose the Helms amendment be- upheld by the U.S. Supreme Court as cruitment information at public cause it accomplishes nothing except recently as this week, and I commend schools. I do not agree with that sug- to provide special and unprecedented the Senate for endorsing this funda- gestion. Just as other student or com- protection for one particular and deep- mental right. munity groups are permitted to have ly controversial view, the Boy Scouts’ Mr. THURMOND. Mr. President, I access to public school facilities, the decision to ‘‘prohibit the acceptance of rise in support of the amendment of- Boy Scouts of America should have the homosexuals.’’ This is not the job of fered by the Senator from North Caro- same access. Congress, and it should not interfere lina, Senator HELMS. This amendment, I am proud of my association with with the important work we are doing the Boy Scouts of America Equal Ac- the Boy Scouts of America. I strongly to reform our education system. It is cess Act, is very clear in its purpose, support the amendment that would also worth noting that this amendment which is ‘‘To prohibit the use of Fed- permit the Boy Scouts to have equal does not prevent schools from with- eral funds by any State or local edu- access to public school facilities. This drawing their sponsorship of the Boy cational agency or school that dis- amendment is consistent with the deci- Scouts, as some supporters have stat- criminates against the Boy Scouts of sion by the United States Supreme ed. It simply guarantees the organiza- America in providing equal access to Court which reaffirmed the Boy Scouts tion the access that they already have. school premises or facilities.’’ I am of America’s standing as a private or- pleased to be a cosponsor of this ganization with the right to set its own This amendment is unnecessary. This amendment. membership and leadership standards. debate needs to be about the education It is appropriate that this amend- Mr. LEAHY. Mr. President, the of our children, about pressing prob- ment be considered and adopted on this amendment offered by Senator HELMS lems such as providing high quality education bill. Since its founding in entitled the ‘‘Boy Scouts of America teachers; ensuring access to tech- 1910, the Boy scouts of America, BSA, Equal Access Act’’ aims to ensure that nology; funding programs to assist low- has complemented youth education the Boy Scouts of America has access income and disadvantaged students;

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6264 CONGRESSIONAL RECORD — SENATE June 14, 2001 and, renovating and repairing deterio- ica] to the same standards that the country The Helms amendment would pro- rating schools. We have had a good de- as a whole is striving for. The [Boys Scout of hibit federal education funding for bate on these issues over the past sev- America] is a great American institution and schools, school districts, or States that eral weeks and have done so in a bipar- we hope that it can continue to be so fol- deny access to their facilities to the lowing the same non-discriminatory rules as Boy Scouts, or other such organiza- tisan and cooperative manner. As we the rest of the country. come to what may be the closing hours tions that discriminate based on sexual of our consideration of the critical Here are my views on the matter: orientation. In fact, the Supreme Court issue of education reform, I urge my first, the Supreme Court has already has already held that if school districts colleagues to maintain the focus on our spoken to the issue of equal access for provide some groups access to their fa- school children and the quality of the private organizations. Last year, the cilities as an open forum, they must programs, facilities and services they Court ruled in Dale v. Boy Scouts of provide all groups equal access to those receive and to oppose this divisive and America that the Boy Scouts had a facilities. The Helms amendment is not unnecessary amendment. First Amendment right to prohibit gay needed to assure the Boy Scouts equal Mrs. FEINSTEIN. Mr. President, I men and lesbians from serving as lead- access if a local school district decides rise in opposition to the Helms amend- ers in the Boy Scouts. What this deci- to open its facilities to outside groups. ment. Under our Federal Constitution sion means is that the governments Regrettably, the effect of the Helms and laws, public schools are already re- cannot directly penalize the Boy amendment as drafted is to give spe- quired to provide equal access to their Scouts for constitutionally protected cific groups additional rights to school facilities. This amendment, therefore, views and policies, as the New Jersey resources not afforded to other groups. is unnecessary. As such, its only result public accommodations law had sought As such, the amendment would thus would be to divide our communities to do in the case. Nor can they indi- violate the first amendment by sin- rather than bring them together. rectly penalize the Scouts by denying gling out groups that discriminate on It is unfortunate that an organiza- access to public facilities and other the basis of sexual orientation for spe- tion that has meant so much to our na- benefits available to other private cial treatment. Just as government tion has now become the object of a groups. may not retaliate against or be hostile larger debate on civil rights and na- So, for me, the matter is settled. Al- toward a particular viewpoint, it may tional unity. This amendment is not a ready a school must allow access to an not endorse or show favoritism toward vote on the legitimacy of the Boy organization like the Boy Scouts, re- such a message. I do not believe that Scouts as a national institution. Rath- gardless of the organization’s view- the Federal Government should single er, it is a vote on the direction in points, or risk losing federal funding. out particular policies for special pro- which we want our country to go. The Constitution already protects the tection using the power of education I have heard from constituents who Boy Scouts and similar youth groups, funding. Because the Helms amendment vio- are opposed to this amendment. One so there is no reason for Congress to in- lates the first amendment, I will vote was a teacher who spoke eloquently to tervene. ‘‘no.’’ I hope that the amendment can the divisiveness of the amendment. He I also oppose the Helms amendment be revised in conference to protect all wrote: because of its sweeping potential to groups from unfair treatment at the DEAR SENATOR FEINSTEIN: limit the rights of state and local gov- As your constituent, I strongly urge to op- ernments to make decisions for their hands of federally funded schools based pose the Helms amendment to the Education own school districts, and for their own on the views that they express. That Bill (S. 1), which would deny all Federal edu- children, as to their communities’ tol- would be the right, and the constitu- cation funding to any school that has been erance of discrimination. One provision tional, way to handle this issue. found to discriminate against the Boy of the amendment in particular trou- Mr. BAUCUS. Mr. President, I rise Scouts or any other youth group that denies bles me: It would provide special pro- today to share my thoughts on Senator membership to gays and lesbians. tection to groups that prohibit the ac- HELMS’ amendment that would deny Aside from being politically divisive and Federal education funds to schools that unrelated to the underlying bill, the Helms ceptance of homosexuals. Basically, it singles out for protection a type of dis- deny access to the Boy Scouts of Amer- amendment is completely unnecessary and is ica. a punishment in search of a problem. The use crimination. A consensus developing in I want to be very clear that my vote of public school facilities is governed by the our country is that discrimination of against this amendment in no way rep- First Amendment. The Helms amendment this kind is wrong. Across the nation, resents a vote against the Boy Scouts does nothing to further the goals of improv- local jurisdictions are voting to pro- of America. I have always been, and ing education and serves only as an anti-gay hibit discrimination against gays and attack. I urge you to oppose this amendment will continue to be, a strong supporter and look forward to hearing your views on lesbians. of the Boy Scouts of America. The Boy this important issue. In my hometown of San Francisco, a Scouts provides an opportunity for our Other constituents voiced their con- city that prides itself on the diversity children to create and accomplish cerns about the message of intolerance of its views and the diversity of its peo- goals, increasing their sense of self such an amendment would carry if ple, a cornerstone of the community is worth and discipline. Boy Scouts learn passed. A family from Valley Glen, CA its belief that basic civil rights protec- about the importance of maintaining wrote: tions should extend to every American, respect and honor for themselves and and not only to a few and under certain We are very much offended by the dis- others, and Scouts are often excellent crimination that the [Boy Scouts of Amer- circumstances. A vote in favor of this role models for their peers. I am firmly ica] is able to operate with under the bless- amendment would be an indictment convinced that organizations like the ings of the U.S. Supreme Court. On one hand against the people of San Francisco Boy Scouts and Girl Scouts play an im- we applaud the actions of school boards, city and of their rich tradition of accepting portant role in the development of councils, police departments, corporations others. well-adjusted and productive children. and United Way agencies for standing up for And it would be an indictment of the I voted against this amendment be- what they believe. On the other hand, as many other communities throughout cause I felt it provided a Federal solu- members of Temple Beth Hillel (Valley Vil- California and the rest of the nation lage, CA), we are quite proud of our Pack 311 tion to a local issue, and I think that is and Rabbi Jim Kaufman’s stand that the that promote diversity and tolerance wrong. Under current law, local school basic program is great and that the best way for all. I urge my colleagues to oppose board members decide which organiza- to make change is from within. this amendment, which would foster a tions are permitted to meet in their Additionally, as a family who is very ac- sense of division and disunity. schools. I want community members tive in the Girl Scouts . . ., we are quite Mr. FEINGOLD. Mr. President, the and school board members to continue proud that [the Girl Scouts] are inclusive of work of the Boy Scouts of America is to have that ability. They know best all girls and their families. commendable, and I am proud to have Our tax dollars should not be used to sup- what their children need, and their de- port the discrimination that the ‘‘Boys been a Boy Scout. However, I must op- cisions reflect local values and prior- Scouts Equal Access Act’’ is trying to af- pose the amendment offered by the ities. firm. We urge you to help to defeat this act Senator from North Carolina, Mr. I further want to point out that the and to help to hold the [Boy Scouts of Amer- HELMS, on constitutional grounds. Boy Scouts already have equal access

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6265 to our schools under current law. I to live their lives. But I believe in free- Senate know how they feel. But I think firmly believe that the Boy Scouts dom in America. I believe, for instance, there is a time that comes when we should be allowed in our schools, and I if there was a group of people who be- have to vote. As my friend, Mo Udall, am pleased that the Supreme Court has lieve in a gay lifestyle, they may re- said in the House one time when he upheld the right of the Boy Scouts to quire that same lifestyle or belief of came to appear before a committee: have equal access to our public schools. their leadership. I believe that group Everything has been said, but not ev- Should there be cases where the Boy should be allowed all of its constitu- eryone has said it. Scouts are denied access to our tional rights; the right to require that I think we may be arriving at that schools, I think our judicial system is their leaders have their same beliefs. point in the near future on this amend- well positioned to determine whether a This is, to me, a matter of freedom. ment. school’s decision was fairly and equi- The Boy Scouts have chosen what The PRESIDING OFFICER. The Sen- tably reached. they want and what they determine as ator from New Hampshire. I felt that this Supreme Court deci- their organization. In America, we Mr. SMITH of New Hampshire. sion fairly addressed the issue of equal should be able to have these types of Madam President, it is, frankly, really access while keeping control at the organizations. a sad day when we have to be here on local level. I further felt that this deci- As a matter of fact, there is a group the floor of the Senate to defend the sion would give the necessary support called the Royal Rangers. For those Boy Scouts of America as if they have to the Boy Scouts of America to meet who are not familiar with the Royal done something wrong and they have in our schools without necessitating Rangers, they are Christian organiza- to be defended. I have seen a lot of things since I Congressional intervention. For these tions who believe that the Boy Scouts have been in this place. We have had a reasons, I voted against this amend- have become too secularized. So the lot of interesting debates on a lot of in- ment. Royal Rangers was formed to bring teresting subjects. I sit at the desk of In my mind, a better alternative, in more of a Christian perspective to Daniel Webster. Daniel Webster didn’t the form of an amendment introduced scouting because they did not feel that know about the Boy Scouts of America by Senator BOXER, existed. I supported the Boy Scouts were meeting their reli- in his time. I cannot imagine what that amendment, which affirms the gious needs. Webster would think if he were here right of the Boy Scouts to meet in our The point of that is they did not try today to listen to this debate—or schools without imposing a Federal to change the Boy Scouts. They re- Washington or Jefferson or any of the mandate. spected the Boy Scouts’ right to be- great leaders. Mr. REID. Madam President, if I lieve and to operate how they were op- I rise today without equivocation to could direct a question to the Senator erating. But instead of trying to de- support the amendment of my friend from North Carolina, does the Senator stroy the Boy Scouts or try to hurt the from North Carolina, to protect one of have an idea how much longer he wish- Boy Scouts, they formed their own or- America’s treasures, the Boy Scouts of es to have this matter debated, just so ganization based on their own beliefs. America. we can inform Senators when we can That is the direction we should be I would like to call your attention to expect a vote? going in this country. the photograph behind me during the Mr. HELMS. I would say not more If people want to form their own or- course of these brief remarks. These than 4 more hours. ganization, they can form it based on are the bad people we are keeping out Mr. REID. The Senator has said for their own beliefs—that really is what of our schools, these young boys. I had not more than 4 more hours, so every- America is supposed to be about. This two sons who were Boy Scouts. I was a one should keep that in mind. If Sen- amendment here simply says that a Boy Scout. ator HELMS uses the time he wants, we group that has a certain belief system, I can’t think of anybody who is hurt would vote about 5:30. and has proven that their belief system to be a Boy Scout. When you talk The PRESIDING OFFICER. The Sen- leads to good citizenship, then we about precluding ‘‘the Scouts,’’ the ator from Nevada is recognized. should be encouraging this group. We Boy Scouts from being in a school, Mr. ENSIGN. Madam President, I was should not be discriminating against what does that mean? Does it mean if listening to the debate and wanted to those groups going into our public a Boy Scout comes in in his uniform come down and offer a few thoughts. school systems. for his class, is he going to be thrown First of all, I have heard all the peo- I hope we can get a bipartisan vote in out of class and sent home? I guarantee ple talking about their days in Scout- favor of this amendment. I believe that you, if some boy came into class and ing. I wish I could add to those voices in the long run this amendment will be created a disturbance, it is highly un- except I was not necessarily the clean- good for America because I believe the likely he would be thrown out of class est cut kid in the world. As a matter of Boy Scouts are good for America. under the current rules and regulations fact, I tried Scouting for only about 3 I yield the floor. that some teachers have to face. weeks. So I cannot join the chorus of Mr. REID. Madam President, this is I am trying to be as unemotional as those who were Eagle Scouts and made just to notify Senators, Democrats and I can about this, but this is such an it on to the U.S. Senate. But scouting Republicans, that when this amend- outrage. The organization, the Boy was something that I witnessed grow- ment is finished, whatever time that Scouts of America, has one of the most ing up. I saw a lot of people whose lives may be, we have a number of other rich traditions and history in Amer- it transformed. Perhaps if I had stayed matters that will be completed today. ican history, in American culture for with Scouting my life would have been Whenever this amendment is com- all time. How many Boy Scouts are transformed a little earlier than it oth- pleted, we have a number of other im- there whose names are on that Viet- erwise was. portant amendments to move to. Sen- nam Wall? How many Boy Scouts were I have seen many children over the ator GREGG told me earlier today he in the greatest generation that Tom years whose lives have been influenced has at least one other amendment that Brokaw talked about? How many Boy so greatly by Scouting. The Eagle could take a little bit of time, maybe Scouts led the fight in World War I? Scout ceremonies I have gone to honor two other amendments. But this is to How many? incredible people. They honor not only notify everyone we are going to work These are the boys we want to keep the Scouts themselves, but the leaders tonight until we finish this bill. If we from having their meetings in schools of the Scout troops who dedicate so cannot finish it late tonight, then we that receive billions of taxpayer dol- many hours to young people and their will come back tomorrow and finish it. lars. I never thought I would see the development. These are the types of ac- It was announced as early as Monday. day when I would have to stand on the tivities we should be encouraging. We are going to work until we finish Senate floor and go to bat for the Boy But I also wanted to add a few words. this bill. I know people feel very Scouts to have that right. But do you We do not want to be gay bashing strongly about this issue and other know what. Senator HELMS, I am proud around this Chamber. At least I do not issues developed during the day. to stand here with you and do it. believe we should be. People have the We want to make sure everyone has We need to do it. Then we will do it. right to live their lives as they choose every opportunity to speak and let the I am with him.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6266 CONGRESSIONAL RECORD — SENATE June 14, 2001 The Boy Scouts of America was rec- mentally awake, The teacher wrote to the State attor- ognized by Federal charter in 1916 to and morally straight. ney general: provide an educational program for These boys, and boys like them, by Schools and teachers who continue to do boys and men to build character and to the millions, are being told they can’t business as usual with the Boy Scouts of train citizens—yes—to promote rev- even have a meeting in their school or America participate in discrimination erence for God and country. How hor- in a school in some communities across through complicity, acceptance through si- rible that must be. We are going to pro- America. lence. I will not. mote reverence for God and country in I will tell you something. Rome died That was printed in the Star Tribune this time of political correctness. Isn’t from a lot less than this. When you di- on September 3, 2000. it awful that somebody might take an lute your moral code to this extent, The State of Connecticut has banned oath of allegiance to God and country? and if this keeps up, the obituary for contributions to the Boy Scouts— What are we coming to? How bad does America is going to be written. And it banned contributions to the Boy it have to get before we wake up? is sad to see it is being written here on Scouts by State employees through a Some of the people who are standing the floor of the Senate. State-run charity. Can you believe When the count is taken, I know here today in opposition to Senator that? It is unbelievable. I never where I want to be, and I know where HELMS on this amendment not too long thought I would live to see the day Senator HELMS is going to be. that this would happen in this country. ago were standing on this floor defend- This is wrong, pure and simple. It is ing the right to immerse a crucifix in If Jefferson, Madison, Hamilton, and wrong to do this to this organization. Washington aren’t rolling in their urine and get Federal dollars to display There is an organized campaign against it as art—the same people. That is graves now, I can’t imagine what would the Boy Scouts. It is under siege by the ever motivate them to. what we have come to in America. God American Civil Liberties Union. It is bless us. Let’s look at some of the horrible, attacked. terrible things the Boy Scouts of The largest voluntary youth organi- The Boy Scouts have recently suf- America do. zation and movement in the world—the fered discrimination and unfounded ac- Let me read from the Bergen County Boy Scouts—is under siege right on the cusations of prejudice resulting in dis- Record of May 29, 2001. This is a good Senate floor. Six million American criminatory actions being taken boys are members from a wide diver- against the organization and its mem- example of what the Boy Scouts do: sity—religious, ethnic, economic, dis- bers. Americans marked Memorial Day with sol- ability, special needs, honor students, I know this has been said before. It is emn remembrance by making pilgrimages to not meant to be a cheap shot. It is grave sides, bearing flowers and flags to Eagle Scouts, all of it—are under siege. honor soldiers who sacrificed their lives in A large number of Boy Scouts are meant to bring up a point. Senator battle. sponsored by local churches. They BYRD talked about it. ‘‘It means a lot to me, coming out here and meet in church basements. Delegates at the Democratic Na- seeing the veterans,’’ said Boy Scout Lee This tradition should be revered and tional Convention on August 17, 2000, Booker, 15, as he helped place miniature protected by the Federal Government, booed the Boy Scouts while the Boy American flags at the foot of 46,850 veterans not attacked by the Federal Govern- Scouts were leading the delegates in headstones at the Memphis National Ceme- ment. We shouldn’t discriminate the Pledge of Allegiance. Not all Demo- tery in Tennessee. against an organization because it crats did that. Very few Democrats did And those boys can’t meet on school teaches boys morality. that. But they did it. No one threw grounds? And you wonder why we are Senator HELMS says we are going to them out of the convention. No one losing our kids. condition Federal education money on threw them out of the meeting. They Is it time to defund the Boy Scouts of a State or locality not discriminating sat there under their rights booing the America? Is this the group that we against the Boy Scouts of America. Boy Scouts for leading their conven- want to expel from our public schools? tion. If I had been a Democrat at that And Senator HELMS is right. He is ab- That is what this is all about. solutely right. In your heart you know meeting, I would have sought them out I applaud the Boy Scouts for all the he is right. and had them thrown out. What a sad wonderful contributions that group has day in America. On June 28, 2000, the Supreme Court provided to American society. I am On September 5, 2000, in Fra- proud to have an Eagle Scout on my of the United States, in the case Boy mingham, MA, the superintendent of Scouts of America v. Dale, upheld the staff—one that I know of; there may be schools considered prohibiting the more. Jeff Marschner is a shining ex- first amendment rights of Boy Scouts local Boy Scout troop from recruiting of America to maintain its almost cen- ample of what an important contribu- other Scouts on school grounds for ex- tion the Boy Scouts of America make tury-old moral code and its standard ercising their constitutionally pro- for membership and leadership. to all of us. tected rights. Can you believe that? They ought to be held in esteem. The Supreme Court concluded that They cannot even recruit a Boy Scout the Boy Scouts have a right under the When they ask to have a meeting, they on the grounds of Framingham, MA, ought to be asked: Which room do you first amendment to set standards for schools. want? membership and leadership by con- You wonder why we have problems in What have they done that is so cluding that the first amendment pro- America. Should you really be sur- tects the right of a private organiza- prised when you hear that children wrong? The answer is, nothing. What tion to determine its own membership. shoot children or children commit they have done is so right. And they The Senate has conditions for mem- crimes or children don’t respect their are being punished for it. bership in this body. Maybe we parents or children don’t respect their I am going to say it: Every leader in shouldn’t have any conditions. Should authority? What are we telling them? this country who takes that position— we be attacked by the same groups? What message are we sending here? local, State, or Federal—ought to have The Boy Scouts embrace the fol- How bad does it have to get before to pay a political price for it. I would lowing oath. I want to repeat that America wakes up? say to my critics on this: What were oath. I think it has been repeated here We are in this age of political cor- you doing on Memorial Day while the before. But it is the central purpose of rectness. That is what we are talking Boy Scouts of Tennessee were placing why we are here. Why does Senator about here—political correctness. miniature American flags on the tomb- HELMS need to be here to offer this Another shocking example of this stones of Tennessee soldiers? amendment to protect the Boy Scouts? same thing is in Robbinsdale district All persons have the right of freedom Why? Here is their honor code and the elementary school in Minnesota. One of of speech and freedom of association. oath that they take: the teachers in that school states that And the Boy Scouts have earned theirs. I hold the first amendment rights of On my honor I will do my best she will not let the Boy Scouts into her To do my duty to God and my country classroom. every American in esteem. Freedom of And to obey the Scout law; Again, is that the Boy Scouts, the or- association is fundamental. I do not To help other people at all times; ganization, a Boy Scout in his uni- support the Government attacking To keep myself physically strong, form—or a Girl Scout, for that matter? groups because of their membership

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6267 policies. Some membership policies I [Rollcall Vote No. 189 Leg.] not by the Democratic Party—by some don’t like. I don’t like the KKK. I don’t YEAS—51 people at the Democratic Convention like the skinheads. I don’t like those Allard Dorgan Lugar who may or may not have been dele- organizations. And anybody who can Allen Ensign McCain gates, in showing disrespect for the stand in this Senate Chamber and Bennett Enzi McConnell Scouts. Bond Fitzgerald Miller equate them to the Boy Scouts has a Breaux Frist Murkowski Having said that, I had some con- real serious problem. Brownback Gramm Nickles cerns about this language, and I took If the first amendment is gutted for Bunning Grassley Roberts those concerns to the author of the Burns Gregg Santorum ELMS the cause of forcing the Boy Scouts to Byrd Hatch Sessions amendment, Mr. H . He indicated change their membership policies, Campbell Helms Shelby he would try to have that language what is next? Carnahan Hollings Smith (NH) changed. Several other Members on Cochran Hutchinson Smith (OR) that side of the aisle voiced their senti- The Boy Scouts, as an organization, Collins Hutchison Stevens is empowered by our Constitution to Conrad Inhofe Thomas ments as being equal and square with determine their own membership cri- Craig Johnson Thompson mine: That the language needed to be Crapo Kyl Thurmond clarified and modified. teria—not the Federal Government, Domenici Lott Warner not a State, not a local government, The language was this language: not a local school board, not a mayor, NAYS—49 ‘‘Any other youth group.’’ Similar lan- not a Governor, not the President, not Akaka Edwards Murray guage is used in at least one other any unelected bureaucrat in this coun- Baucus Feingold Nelson (FL) place in the amendment. Bayh Feinstein Nelson (NE) My question was: What is the defini- try. Only the Boy Scouts have a right Biden Graham Reed tion of ‘‘youth group’’ as it is being under the Constitution of the United Bingaman Hagel Reid States to determine their membership Boxer Harkin Rockefeller used in this amendment? The defini- Cantwell Inouye requirements for their Boy Scouts, for Sarbanes tion in the amendment reads as fol- Carper Jeffords Schumer Chafee Kennedy lows: these boys. That is who has the obliga- Snowe Cleland Kerry Youth Group—the term ‘‘youth group’’ tion and the responsibility to do it, and Specter Clinton Kohl means any group or organization intended to no one else under this Constitution. Stabenow Corzine Landrieu serve young people under the age of 21. Children—boys, girls—are this Na- Daschle Leahy Torricelli Voinovich That can be a Black Panthers group. tion’s most precious resource. Yet this Dayton Levin DeWine Lieberman Wellstone That can be a skinhead group. That is what we do to them in this Senate Dodd Lincoln Wyden can be a Ku Klux Klan group. I do not Chamber—unbelievable. Durbin Mikulski mind speaking on that subject. I detest I support the Helms amendment. I The amendment (No. 648) was agreed the Klan. I have been a member of it. have never been prouder in my entire to. That is not news. Everybody in this political life than I am today to stand CHANGE OF VOTE Senate knows that, and I do not carry here with Senator JESSE HELMS in sup- Ms. LANDRIEU. Madam President, that badge with pride. But I do not port of this amendment. I cannot think on rollcall vote 189, I voted yea. It was want the Ku Klux Klan or any other of one issue that I have ever stood here my intention to vote nay. Therefore, I hate group in our schools. So, I and talked about that I am more proud ask unanimous consent I be permitted thought there ought to be a clarifica- to do than what I am doing today. It is to change the vote since it will not af- tion and better definition of ‘‘youth not discriminatory. It is fair and sim- fect the outcome. group.’’ ple. It is to protect the Boy Scouts The PRESIDING OFFICER. Without I came to the floor when the vote oc- from discrimination, that Boy Scouts objection, it is so ordered. curred. Nobody came to me and said: cannot be banned from schools that re- (The foregoing tally has been With regard to your concern, we have ceive millions and millions—and bil- changed to reflect the above order.) changed the language, or, we have not. lions—of dollars. Mr. BROWNBACK. I move to recon- Nobody said that. The education bill has money. This sider the vote. When I saw on the television screen bill has money, more money than we Mr. SMITH of Oregon. I move to lay that the vote on the amendment was in have ever given to education from this that motion on the table. progress, I came to the floor, and I body. And all Senator HELMS is asking The motion to lay on the table was went to Senator HELMS. I said: Was is that governments that accept this agreed to. there a modification of that language? money not discriminate against these The PRESIDING OFFICER (Mrs. He said: No. young men, and young men like them, CARNAHAN). The Senator from West He was in accord with having a modi- shown in this picture. Is that asking Virginia. fication but he said, ‘‘they didn’t want too much? I certainly hope not. Mr. BYRD. Madam President, may it modified.’’ I do not know who ‘‘they’’ Madam President, I yield the floor. we have order in the Senate. were. But in any event, faced with hav- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ing to vote up or down on this amend- ator from North Carolina. ate will be in order. ment, I voted for it, but I am still con- Mr. HELMS. If the other side is will- Mr. BYRD. I ask unanimous consent cerned that the definition of ‘‘youth ing to yield back its time, I will yield to explain my vote. I ask unanimous group’’ was not changed. I am con- back my time. consent for 3 minutes. cerned because that request, which I Mr. REID. We have no time to yield The PRESIDING OFFICER. Without think was a reasonable request, was back, but we are ready for a vote, objection, it is so ordered. somehow rejected by somebody. I voted Madam President. Mr. BYRD. Madam President, the for the amendment. Senate is not in order. I will not pro- I take the floor now to say I hope Mr. HELMS. I yield back the remain- ceed until it is in order. This was a that in conference that language will der of my time. very important vote. be changed. The distinguished Senator The PRESIDING OFFICER. Is there Madam President, I want Senators to from Oregon, Mr. SMITH, earlier sug- further debate on the amendment? get out of the well. I am entitled to be gested that it be changed to mean Mr. GREGG. I ask for the yeas and heard, and I want other Senators to groups that have national charters. I nays. have the same respect and same enti- believe I am correct in the way he stat- The PRESIDING OFFICER. The yeas tlement. ed it—groups that are nationally char- and nays have already been ordered. This was not an easy vote for me. I tered. That would be fine with me. But The question now is on agreeing to believe just as strongly as any Senator that change was not made. Helms amendment No. 648. The clerk on that side of the aisle about the I only take the floor now to explain will call the roll. rights of the Boy Scouts and about the my vote and to express my regrets that The legislative clerk called the roll. respect we ought to show the Boy what I thought was a very reasonable The result was announced—yeas 51, Scouts. I was ashamed and embar- request was apparently just rejected nays 49, as follows: rassed by the actions of some people— out of hand.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6268 CONGRESSIONAL RECORD — SENATE June 14, 2001 I hope that attention will be given in The assistant legislative clerk pro- modified, which is presently pending, conference to changing this language ceeded to call the roll. in a second place. to make it clear that the term ‘‘other Mr. DASCHLE. Madam President, I The second place being on page 4 groups’’ pertains to groups that are na- ask unanimous consent the order for under section (C), titled ‘‘Youth tionally chartered. the quorum call be dispensed with. Group,’’ on line 8 strike the comma fol- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without lowing the numerals ‘‘21’’ and insert ator from Oregon. objection, it is so ordered. the following: ‘‘and which is listed in Mr. SMITH of Oregon. I ask unani- Mr. DASCHLE. Madam President, we title 36 of the United States Code as a mous consent that the amendment of have been discussing this matter over patriotic society.’’ Senator HELMS that just passed be al- the last few moments. I ask, after I So I am asking to amend the bill in lowed to be amended as Senator BYRD have given a description of our cir- two places with the amendment—I am has explained it and as some Members cumstances, that Senator BYRD be rec- asking to amend the pending amend- lobbied to have it changed. I think it ognized for a unanimous consent agreement, as modified, in two places and as will be a better amendment. If it is not ment. I have outlined. done here, it ought to be done in the Just for the notification of our col- The PRESIDING OFFICER. Is there conference committee. We all under- leagues, we would then recognize Sen- objection? stand that. No one wants this opened ator BOXER who has the right to offer a Without objection, it is so ordered. up to skinheads, Nazis, the Ku Klux second-degree amendment. It is a free- The majority leader. Klan, or any other hate group, but we standing, side-by-side amendment. Mr. DASCHLE. Madam President, is want to say the standards of the Boy Mrs. BOXER. To my own amend- it now not in order to move to the Ses- Scouts of America are standards and ment. sions amendment? values that are valuable still. Mr. DASCHLE. That will be offered. The PRESIDING OFFICER. The Sen- Mr. REID. Madam President, did the Then we will also have the Sessions ate must first adopt the Helms amend- Senator make a unanimous consent re- amendment vote. ment, as amended and modified. quest? Ms. LANDRIEU. Reserving the right Mr. DASCHLE. I urge its adoption. The PRESIDING OFFICER. Yes. to object, Madam President. The PRESIDING OFFICER. The Mr. REID. Reserving the right to ob- The PRESIDING OFFICER. The Sen- question is on agreeing to the amend- ject, we, in good faith, during the 8 ator from Louisiana. ment, No. 574, as modified. weeks of this debate have been doing Ms. LANDRIEU. May I inquire if we The amendment (No. 574), as modi- amendments side by side. If your side could amend the consent request, if fied, was agreed to. has an amendment, we have an amend- Senator BYRD would allow me to be Mr. HELMS. Madam President, I ment. We have been doing that and recognized for 30 seconds prior to his move to reconsider the vote. have done it 25 times. We certainly statement? Mr. BYRD. I move to lay that motion have done it the last week many times. Mr. LOTT. Madam President, reserv- on the table. I personally—and I don’t know how ing the right to object, and I do not ob- The motion to lay on the table was anyone else feels—think that is not a ject to the request of the Senator, but agreed to. bad idea as long as we have the oppor- just to make sure I understood, was Mr. DASCHLE. Madam President, as tunity to have our amendment de- there an original request? Did Senator I understand, each side now has 1 bated, if we have an amendment we be- DASCHLE make a unanimous consent minute to make their presentation lieve is an appropriate amendment, and request? prior to the vote on the Sessions we would be happy to show it to any Mr. DASCHLE. I only asked Senator amendment. Member who wants to see it and we BYRD be recognized to make the unani- The PRESIDING OFFICER. Who have a right to vote on the Helms mous consent request. Following that, yields time? The Senator from Ala- amendment, which has already been we would go to a vote on the Sessions bama. voted on. If you want to modify, that is amendment. After the Sessions amend- Mr. SESSIONS. Madam President, we fine, but we want an opportunity to ment is disposed of, we would recognize are on the verge and so close to making have an up-or-down vote. We have done Senator BOXER for purposes of offering a realistic and fair and just step in it for weeks and I don’t see why this another amendment. dealing with the complications and amendment should be any different. Mrs. BOXER. A second-degree. frustrations our school systems are Mr. SMITH of Oregon. I withdraw my Mr. LOTT. You were just announcing wrestling with every day involving dis- request. the intention with regard to how to ciplinary situations with disabled stu- The PRESIDING OFFICER. The re- proceed? The UC was to allow Senator dents. Anyone who talks to them quest is withdrawn. BYRD to offer a modification, and then knows it is a very real problem. Mr. KENNEDY. I listened to the Sen- I believe the Senator just wanted 30 Our legislation is a middle-ground ator from West Virginia. A similar seconds to speak? position. It is more cautious than the amendment has already passed in the Ms. LANDRIEU. Prior to Senator Gorton amendment which got almost House of Representatives, so we have BYRD. 50 votes. It is more modest than the the House language and this language. Mr. LOTT. I withdraw my reserva- House amendment that passed. It sim- It is identical. If we follow past prece- tion. ply says, if a child is disabled and com- dence, there is not the flexibility to Mr. BYRD. Madam President, may mits a violation of discipline rules that take into consideration what the Sen- we have order in the Senate? would result in discipline for them, ator from West Virginia has requested. Madam President, in an effort to help they would be treated as any other That, I think, is part of the reality in the Senate to reach the best possible child, unless and only after a hearing terms of the way these institutions product of the amendment’s status at has been held to ensure that the mis- run. They have passed a similar amend- this point, so that a consensus of minds behavior the child committed was not ment by a voice vote, we passed an in this body may come to a conclusion connected to that disability—because amendment, and for all intents and as to what in their judgment seems to some children have emotional prob- purposes that is what will be before the be the best outcome, I ask unanimous lems and have difficulty containing conference. If we follow the precedent, consent that on page 2 of the amend- themselves. Those children would not that flexibility that the Senator had ment, section 2 titled ‘‘equal access’’ be able to be disciplined like other stu- mentioned would not be before the con- subsection (a), paragraph (2), line 12 dents. ference. thereof, be amended as follows: To in- We think this is a fair and progres- The PRESIDING OFFICER. The Sen- sert the words, following the word sive step. I urge your support. I believe ator from New Hampshire. ‘‘group″: ‘‘listed in title 36 of the with the Vice President we would be Mr. GREGG. I suggest the absence of United States Code as a patriotic soci- able to pass this. I urge its consider- a quorum. ety,’’ and I ask unanimous consent fur- ation. The PRESIDING OFFICER. The ther that I may be allowed, addition- The PRESIDING OFFICER. Who clerk will call the roll. ally, to amend the amendment, as yields time?

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6269 Mr. KENNEDY. Madam President, Feinstein Levin Rockefeller support, with over 80 percent of the Amer- Graham Lieberman Sarbanes ican people supporting such programs. the Senator from Iowa is not here. I Harkin Lincoln Schumer (b) SENSE OF THE SENATE.—It is the sense will take one moment. Hollings Mikulski Snowe Jeffords Murray of the Senate that— We have fought for 25 years to try to Specter (1) Congress should continue toward the mainstream disabled children. I re- Kennedy Nelson (FL) Stabenow Kerry Nelson (NE) goal of providing the necessary funding for member when there were 5 million who Wellstone Kohl Reed Wyden afterschool program by appropriating the au- were kept in the closets and shut away. Leahy Reid thorized level of $1,500,000,000 for fiscal year IDEA may not be perfect, but we have NOT VOTING—2 2002 to carry out part F title I of the Elemen- a GAO study, which is an authoritative tary and Secondary Education Act of 1965; Inouye Smith (NH) study, that says the changes that were and made 2 years ago on discipline seem to The motion was agreed to. (2) such funding should be the benchmark The PRESIDING OFFICER. The for future years in order to reach the goal of be working. providing academically enriched activities The previous vote was 50–50. We are question is on agreeing upon reconsid- eration to amendment No. 604 offered during after school hours for the 7,000,000 divided. children in need. by the Senator from Alabama. The Next year we are going to have a AMENDMENT NO. 803 TO AMENDMENT NO. 562 complete reauthorization of IDEA. yeas and nays are automatic. Mr. REID. Madam President, I sug- Mrs. BOXER. Madam President, I Why have a major step backward in gest the absence of a quorum. send a second-degree amendment to the terms of assisting the children in this The PRESIDING OFFICER. The desk. country? clerk will call the roll. The PRESIDING OFFICER. The If we have to change it, let’s do it at The legislative clerk proceeded to clerk will report. the time we have the reauthorization— call the roll. The legislative clerk read as follows: not on the basis of a 50–50 vote or 1 Mr. REID. Madam President, I ask The Senator from California [Mrs. BOXER] hour of debate and discussion on this unanimous consent that the order for proposes an amendment numbered 803 to measure. the quorum call be rescinded. amendment No. 562. Make no mistake about it. If we ac- The PRESIDING OFFICER. Without The amendment is as follows: cept the Sessions amendment, history objection, it is so ordered. In lieu of the matter proposed to be in- will record this as the first major step Mr. REID. Madam President, I ask serted, insert the following: backward instead of forward with re- unanimous consent that the matter be- SEC. 1. SHORT TITLE. gard to disabled children. fore us, the Sessions amendment, be This title may be cited as the ‘‘Equal Ac- Mr. SESSIONS. Madam President, I handled on a voice vote. cess to Public School Facilities Act.’’ ask for the yeas and nays. The PRESIDING OFFICER. Is there SEC. 2. EQUAL ACCESS. The PRESIDING OFFICER. The objection? IN GENERAL.—No public elementary school, question is on agreeing to the motion Mr. NICKLES. It takes unanimous public secondary school, local educational to reconsider. Is there a sufficient sec- consent to vitiate the yeas and nays. I agency, or State educational agency, may ond? deny equal access or a fair opportunity to ask unanimous consent that we vitiate meet after school in a designated open forum There is a sufficient second. The the yeas and nays. to any youth group, including the Boy clerk will call the roll. The PRESIDING OFFICER. Is there Scouts of America, based on that group’s fa- The assistant legislative clerk called objection? vorable or unfavorable position concerning the roll. Without objection, it is so ordered. sexual orientation. Mr. REID. I announce that the Sen- The question is on agreeing to the Mrs. BOXER. Madam President, I ator from Hawaii (Mr. INOUYE) is nec- amendment. need literally a minute. essarily absent. The amendment (No. 604) was agreed In this amendment, we are codifying Mr. NICKLES. I announce that the to. what the Supreme Court has said, and Senator from New Hampshire (Mr. Mr. NICKLES. Madam President, I that is every group, including the Boy SMITH) is necessarily absent. move to reconsider the vote. Scouts, has equal access to school fa- I further announce that if present Mr. DASCHLE. I move to lay that cilities. It is very simple. It is very and voting, the Senator from New motion on the table. straightforward. It stays away from Hampshire (Mr. SMITH would vote The motion to lay on the table was the can of worms we believe was ‘‘yea.’’ agreed to. opened in the Helms amendment. The PRESIDING OFFICER (Mrs. LIN- The PRESIDING OFFICER. Under I hope all of our colleagues, 100 COLN). Are there any other Senators in the previous order, the Senator from strong, will vote in favor of this sim- the Chamber desiring to vote? California is recognized. ple, straightforward statement that all The result was announced—yeas 51, AMENDMENT NO. 562 TO AMENDMENET NO. 358 groups, regardless of their viewpoint, nays 47, as follows: Mrs. BOXER. Madam President, I be allowed equal access to the public [Rollcall Vote No. 190 Leg.] send amendment No. 562 to the desk. schools. YEAS—51 The PRESIDING OFFICER. The I yield the floor. I ask for the yeas and nays. Allard Enzi McCain clerk will report. Allen Fitzgerald McConnell The legislative clerk read as follows: The PRESIDING OFFICER. Is there a Bennett Frist Miller The Senator from California [Mrs. BOXER] sufficient second? Bond Gramm Murkowski proposes an amendment numbered 562. There appears to be a sufficient sec- Breaux Grassley Nickles Brownback Gregg Roberts The amendment is as follows: ond. Bunning Hagel Santorum (Purpose: To express the sense of the Senate The yeas and nays were ordered. Burns Hatch Sessions regarding, and authorize appropriations The PRESIDING OFFICER. The Sen- Campbell Helms Shelby ator from Kansas. Cochran Hutchinson Smith (OR) for, part F of title I of the Elementary and Conrad Hutchison Stevens Secondary Education Act of 1965) Mr. BROWNBACK. Madam President, Craig Inhofe Thomas At the end of title IX, add the following: I rise in opposition to this amendment, Crapo Johnson Thompson SEC. 902. SENSE OF THE SENATE. and I wish to express some concerns re- Domenici Kyl Thurmond Dorgan Landrieu Torricelli (a) FINDINGS.—The Senate makes the fol- garding it. Durbin Lott Voinovich lowing findings: We just adopted an amendment Ensign Lugar Warner (1) The afterschool programs provided which I think addressed the issue at through 21st Century Community Learning NAYS—47 the core, and that was concerning the Centers grants are proven strategies that Akaka Cantwell Corzine treatment of the Boy Scouts of Amer- should be encouraged. ica. Baucus Carnahan Daschle (2) The demand for afterschool education is Bayh Carper Dayton very high, with over 7,000,000 children with- The Boy Scouts of America, as many Biden Chafee DeWine people know, has been recently pursued Bingaman Cleland Dodd out afterschool opportunities. Boxer Clinton Edwards (3) Afterschool programs improve edu- by a number of organizations saying Byrd Collins Feingold cation achievement and have widespread they were not going to allow them to

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6270 CONGRESSIONAL RECORD — SENATE June 14, 2001 participate and use public schools for My point in saying this is here is an make the Boy Scouts spend millions of Boy Scout meetings. That was the di- organization that has been next to God dollars to get in and have a meeting at rection of the amendment on which we and country and mom and apple pie for the public school. worked. as long as we can think of, and it is That is not appropriate. That is not I will point out what some of the or- being pursued. It is being pursued, the right place, to put this burden on ganizations and schools are pursuing being castigated. The ACLU executive the Boy Scouts. They raise private with the Boy Scouts. They are saying: director mentioned the Boy Scouts in moneys to do character education and Look, we do not want to allow them to the same sentence as atheists, Nazis, do what all of us laud, I believe, in this have access to our schools. We do not and satanists. They are trying to cat- body. I believe all of us laud the Boy want to allow them to meet. egorize them in a dark category, a neg- Scouts and what they are after and Listen to some of these examples: ative category, and all they want to do what they are doing. Maybe that is not On May 11, 2001, the Associated Press is do a good deed daily. That is their the case. Maybe some do not. I hope ev- reported the Iowa City School Board motto. They are being pursued. erybody supports the Boy Scouts. voted to prohibit the Boy Scouts of What did we do? What was the re- This is not the right way to go. The America from distributing any infor- sponse this body voted on by a bare Boxer amendment puts the burden mation in schools because of the margin of victory? This body said we back on the Boy Scouts to spend mil- Scouts membership criteria. Greg are not going to tolerate them being lions of dollars to fight their way into Shields, the national spokesman for pursued or kept out of school buildings. public schools. We should not do that. Boy Scouts of America, said: We said in this amendment: If you are We do not need to do that. I would We simply ask to be treated the same way going to try to keep them out of school rather the Boy Scouts spend millions as any other private organization . . . [and] of dollars on camping, doing things as that our free speech and right to assemble be buildings, then we are going to review respected just as we respect those rights of the Federal funding for you because we a scouting troop, as my son did when others. so strongly believe in this organiza- he was a part of the Boy Scouts, as On February 8, 2001, the Asbury Park tion—90 years old, basic value training, some of the Eagle Scouts here did. I Press reported that the State of New character training in which many peo- would rather they buy campgrounds Jersey was considering a rule change ple in this body participated. and land to explore and take care of that would bar school districts from The Senator from California then underprivileged youth, as Boy Scouts renting space to the Boy Scouts be- proposes an additional amendment ap- do across the country. I would rather cause of their position on homosex- parently trying to address much of the they take underprivileged youth from uality. same topic. In that amendment, she inner cities as part of the Boy Scouts, On February 7, 2001, the Arizona Re- puts forward: take them to the countryside and camp public reported that the Sunnyside No public elementary school, public sec- and spend millions of dollars doing School District in Tucson decided to ondary school, local educational agency, or that rather than millions of dollars in charge the Boy Scouts of America fees State educational agency, may deny equal court simply to gain access to the pub- to use school facilities, even though no access to meet after school in designated lic educational institutions in our other groups have to pay fees. open forum to any youth group, including country for which we provide substan- The ACLU executive director said: the Boy Scouts of America, based on that tial funding. group’s favorable or unfavorable viewpoint That is why this amendment is While Boy Scouts, atheists, Nazis, even sa- concerning sexual orientation. tanists have the right to express their views, flawed and should fail and why I oppose Government should not use public money to She is trying to cover it. The prob- this amendment. promote them. lem is it does not cover it. It does not I urge my colleagues to oppose and On January 28, 2001, the Boston Globe cover this for the Boy Scouts. It does vote against this amendment because reported that the Acton School Com- not have any enforcement mechanism we are shifting the burden back to the mittee in Massachusetts decided to for the Boy Scouts. They are going to Boy Scouts and making them fight prevent the Boy Scouts from distrib- have to go into court with this lan- their way into the public schools. We uting literature at school, even though guage the same as they would right really do not need to do that. other groups can do so. Defending its now to try to get access to public I yield the floor. actions, Acton School Committee cited schools in school districts across the The PRESIDING OFFICER. The Sen- Massachusetts law which says schools country that are trying to deny them ator from Delaware. cannot sponsor the Boy Scouts. access. Mr. BIDEN. With all due respect to On January 14, 2001, the New York What we did instead was flip the bur- my distinguished colleague, I don’t Times reported that New York’s den. We flipped it to the school dis- quite understand the argument that Chappaqua School District officials tricts, saying: If you are going to deny the Boy Scouts will have to fight their were able to coerce two local Boy the Boy Scouts, you are going to have way into the schools. Constitutionally, Scout troops to sign a document that to state why and clearly to the Federal they cannot be denied access to the denounced the national policies of the educational agency if you are going to schools now. They cannot be denied ac- Boy Scouts of America as a condition continue to get Federal funds. We put cess. I suspect if one argues that you for allowing these troops access to the onus and burden on the school dis- are going to have to fight your way in, school property. tricts in the Helms amendment, which there is the implication a lot of schools I have several more pages of exam- is the proper and appropriate place to are trying to keep the Boy Scouts out. ples. The reason I wanted to point put it, instead of draining these private Second, since Brown v. The Board, these out is to show what the problem coffers of the Boy Scouts of America to you cannot keep black kids from going is, and that is, the Boy Scouts are pursue lawsuit after lawsuit in various to school. If we had an amendment being threatened to have access to pub- jurisdictions to simply get access to that took the language out of Brown, lic schools denied. That is the reason public schools. parroted it, as my distinguished col- for the amendment. That was the rea- What do you want to do? The Boxer league from California does, from the son for the Helms amendment. amendment, while on its face would 1998 Supreme Court case that sets out The Boy Scouts is a 90-year-old orga- look fine, puts the burden back on the this principle—we cannot do this—it nization with millions of members in Boy Scouts. It says the Boy Scouts are means every black child has to spend the country. My guess is a fair number going to have to go to court to get ac- thousands of dollars to fight their way of Members of this body were Boy cess. You have this law, yes; you have into the schools. Scouts or their children are Boy the Supreme Court ruling; but you are One of the things that distinguishes Scouts. Senator NELSON of Nebraska going to have to go to court and spend the United States of America, when the was an Eagle Scout. Senator SMITH of thousands and, at the end of the day, Supreme Court of the United States Oregon was an Eagle Scout. Senator millions of dollars to get access to pub- speaks clearly, and particularly when ENZI’s son was an Eagle Scout. Senator lic schools for the Boy Scouts of Amer- the Senate then legislatively parrots LANDRIEU’s family members were Eagle ica. Let’s deny apple pie access to pub- the exact language that the Supreme Scouts. lic schools next. They are going to Court uses—guess what. The American

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6271 people, even those who do not agree, prayer—and I am not opposed to pray- I yield the floor. obey. That is the pattern we have in er, obviously, but that is what the Su- The PRESIDING OFFICER. The Sen- this country. preme Court said, in a Supreme Court ator from Wyoming. The idea that there will be Boy decision. Mr. ENZI. I rise in opposition to the Scouts—and I was a Boy Scout and What is done if a school violates the amendment and point out one of the proud of it; I was an Explorer Scout; I decision? Bring an action. Very few real values of Boy Scouts is that it support the Scouts; I will match my schools violate. But to make the Helms isn’t designed to be competitive. It merit badges against my colleague’s amendment content neutral—and I did isn’t designed to see who is the best merit badges—Boy Scouts standing not want to start playing games, and I Boy Scout, who has the most merit with tin cups in front of schools say- know occasionally it is suggested I am badges, who has better merit badges. It ing, ‘‘We need to raise money to go to too constitutional. The mistake I make is designed to teach young men good Federal court to make sure we can get is I teach constitutional law. My moth- values. It is designed to teach young in,’’ is not going to happen. Theoreti- er would say a little bit of knowledge is men about the world. It is designed to cally, it could happen, just as theoreti- a dangerous thing. teach young men about possible ca- cally today a school in the State of The truth is, if you wanted to make reers. That is being thwarted. Delaware, or Kansas, could say, ‘‘We the Helms amendment pass constitu- I will not repeat everything I said will not let black folks in.’’ Theoreti- tional muster, you could arguably say, this morning. I am sure that is a relief. cally, that can happen. Guess what. OK, as long as you do not discriminate, I hope Members look at the record. I The black parents have to go to court. you deny school funds to any school am convinced they did not pay atten- This is as much a threat to the Boy district that violated any constitution when I spoke earlier. An impor- Scouts having to raise millions and tional right of anybody. That is why tant point: The record of five cases a millions of dollars as black folks hav- technically it is not constitutional. It year ago, where the Boy Scouts had to ing to raise millions and millions to doesn’t do that. It protects only one go to court. We are not talking hypo- get access to public schools. There is a viewpoint as opposed to all viewpoints. thetical; we are not talking about the constitutional amendment. I don’t want to get into that because possibility that somebody’s constitu- My friend—and he knows he is my the truth is, we all know on this floor, tional rights were violated. We are friend—Senator HELMS from North nobody, if we are a private citizen, is talking about actual situations. Some Carolina, has an amendment that I going to go home to the school district of those will be resolved over the years voted against. I think it got pretty and say, by the way, I don’t like the at great cost. We are not talking hypo- well cleaned up by the Byrd amend- fact that the Boy Scouts don’t allow thetical on the cost either. ment, but it has some arcane problems. homosexual Scout leaders so I will go I am not going to pretend to be a I will not take the time of Senators to the school board meeting tomorrow constitutional lawyer because I am one and bore them, but the reason it is and insist they be blocked access to my of the few people here who is not a law- probably still unconstitutional, al- school. yer at all. But I was a Boy Scout. I am This is a bit of a charade. Everybody though I have no objection to the way watching what is happening to the Boy on the floor supports the Boy Scouts. it got cleaned up—the reason it is argu- Scouts in this country. We may disagree whether they should ably still unconstitutional is it is not Five times in the year 2000, this in- or should not allow homosexuals to be content neutral because—and this is a stance came up. I have to tell you, al- members. And I think they should. We constitutional principle—we will deny ready this year, eight times. That is may disagree on that. But no one dis- a school district funds—money—if in just ones that I was able to find, which agrees on the ruling of the Supreme fact they discriminate, they violate the means they are ones that made na- Court which says you cannot discrimi- Constitution, by not letting in Boy nate against them because the Court tional press. It doesn’t mean it is all Scouts or like organizations that de- ruled it is OK for this organization to the instances of it happening. The five last year and the eight this termine their leadership based on cri- say we don’t want homosexual Scout year are cases where it happened in teria that are their own, to which oth- leaders. That is what the Supreme ers may object. Court said. It is OK. I accept that. It is school. I am not talking about all of The problem with that is, tech- the Supreme Court of the United the discrimination that there is out nically, constitutionally, it does not States of America. there against the Boy Scouts. I am just include every group in the world. It I also accept the fact that the Su- talking about in school. does not include every group in the preme Court says you cannot discrimi- We cleared up the definitional prob- world. It is no longer viewpoint neu- nate against the Boy Scouts because of lem that I think would have made that tral. It says we are only going to penal- the decision they made. a near unanimous vote before. It ize school districts that discriminate I think it is Kafkaesque. We are argu- should have made it a near unanimous against one type of organization as oping about something on which we don’t vote before. Now we have an amend- posed to all. I know that is not my disagree. This is about politics. This is ment that tries to eliminate anything friend’s intention, but that is why the a political game we are playing. It is a that the Helms amendment could have amendment is still probably flawed, al- joke—who is more Boy Scout. I am as done. Here is how it eliminates it. It though I am willing to take a chance big a Boy Scout as anyone here. We can does it in two ways. on it. all compare merit badges and our sup- It eliminates the enforcement mech- As I said to my friend from Cali- port for the Boy Scouts. So let’s not anism. There was not anything in the fornia, I am not sure this amendment make a mockery of this thing. Helms amendment that automatically is needed. I will support it. I think we The fact is there is a technical, legal, took money away from schools. There all should support it. All we are doing constitutional argument that the last was a review process. If the review is supporting the Supreme Court deci- amendment is unconstitutional. That process said they discriminated, there sion. is the core of the objection of those was the possibility that they would On this idea that we have to go fur- who voted for it before it got amended. lose their funds. ther, then it seems to me you should After it has been amended, it is argu- Enforcement: There is no enforce- say, okay, we will cut off all moneys to ably still unconstitutional. I am will- ment in this amendment. It may say all schools that violate the Supreme ing to take a chance on it. I am satis- what the Constitution says, but it Court’s rulings that you are not al- fied to let it go at that. doesn’t provide enforcement. The lowed to have organized prayer. How This clearly is constitutional. This amendment we agreed to before, that about that one? Does anybody want to clearly restates what I thought we all provides enforcement. sign up on that one? Same folks who want. No school district can deny Boy The second problem is this one allows want to sign up on this want to sign up Scouts access if they have access for discrimination against the Boy Scouts. on that? I don’t think so. I don’t think anybody. The wording in here does not pre- we will have people running across the Again, I conclude by saying the idea clude—this is a big problem with the aisle saying, look, if that school dis- this could cost the Boy Scouts millions school—does not preclude charging trict or that school allowed organized of dollars I find a bit of a stretch. them exorbitant rates. They would still

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6272 CONGRESSIONAL RECORD — SENATE June 14, 2001 have equal access; they would have, de- suggest voting against it as some did against this, and I am interested to pending on how you took it to court, a on the underlying amendment that hear his explanation—simply says what fair opportunity. But it would not be passed. It does not seem to me, at this the Supreme Court said: Equal access the same thing as in the Helms amend- late time, we are going to benefit by for the Boy Scouts to every single pub- ment where you could not be charged continuing to talk about this. So I lic school in America because every discriminatory fees to keep the Scouts would like to get something from the group, regardless of their viewpoint, out. Every one of those things would minority. has a right to have such equal access. require another court action. This morning I talked to Senator So I am kind of glad I proposed this I am not an attorney. I am told a lot, HELMS. He said he wanted 4 more amendment. I am kind of stunned that when I go back to Wyoming, that one hours. That at least gives people an anyone would be against it. But that is of the problems in this country is we idea how much time it will take. Does their right, their privilege. As a matter have too many attorneys. They talk anyone have any idea how much longer of fact, it is their duty if they find about the old towns in the West where the minority wishes to debate this 1- something wrong with it. But I thought the first attorney came to town and he paragraph amendment? the Supreme Court decision was went broke. In other towns the first at- Mr. GRAMM. Madam President, as cheered by the Boy Scouts, and I am a torney came to town, he was accom- far as I am aware, I am the last speak- little stunned that my Republican panied by another attorney, and they er. I was just waiting to get an oppor- friends somehow do not view it that both did very well. That is what is hap- tunity to speak. way. pening to the Boy Scouts. We have I do not know. There may be some- I hope we will have a bipartisan vote enough attorneys; they can all do very one else over here who is welling up in in favor of this amendment. well at the expense of the Boy Scouts. their chest with a speech, but as far as I yield the floor. The dollars being spent on litigation I know, I am it. Mr. GRAMM. Madam President, if ought to be spent on good programs for Mr. REID. I will say to my friend, if someone showed up from Mars and lis- youth. We have been talking through- they are not now, they will after your tened to this discussion, I am sure they out the education bill about the need speech. would be convinced that this was some- to do things for youth, the need to have Mr. GRAMM. Maybe there will be a how a simple amendment that was pro- kids taken care of after school. This is rush of people on your side, although I tecting the Boy Scouts. But they would an organization where you do not take do not think so. I would not want to be convinced only if they showed up in the last 30 minutes, because we spent care of the kids after school, the kids defend this amendment. much of this day debating and voting help take care of us after school. We Mr. REID. The Senator from Cali- on an amendment by Senator HELMS are talking about a communitarianism fornia yielded to me. I apologize to my that said if a school system denied ac- group, a group focused on helping their friend from Texas. I return the floor to cess of facilities on a nondiscrim- community through their volunteer ef- the Senator from California. inatory basis to the Boy Scouts of forts. Mrs. BOXER. I say thank you to my In order to get your Eagle award you friend from Texas. I will only speak for America, they would lose Federal have to do a community project—not a about 60 seconds, and then I am happy funds. In listening to our dear colleague personal project, not a family project. to yield the floor. from California, you would think Boy It has to be a community project. So There are some days when I wonder Scouts using public schools would be a where I am and what I am doing. This these kids get to find out what volun- noncontroversial amendment. Maybe if is really one of those days. tarism is. It is not voluntarism for you came from Mars 30 minutes ago I have an amendment that simply them. It is that grand distinction; it is you would be convinced of that. But if codifies a Court decision that was a for other people, that chance to do you came from Mars an hour ago, you victory for the Boy Scouts of America. something for other people. would realize that after a lengthy de- We need to make sure every time we When it was announced, everyone said: bate 49 Members of the Senate voted to can get a free program such as the Boy OK, in our Nation, regardless of an or- not deny Federal funds to school sys- Scouts that will teach character and ganization’s viewpoint, they have a tems that discriminate against the Boy take care of the community, we do ev- right to equal access to our public Scouts of America. We had a vote on erything we can to promote it. We have schools; freedom of speech. For those exactly this subject. The vote was 51– taken care of this through the Helms people, and I count myself among 49. amendment. We can destroy it through them, who believe we are all God’s chil- What is wrong with the amendment the Boxer amendment. dren, and I abhor discrimination that is before us? There are several I yield the floor. against anyone for any reason, includ- things that are wrong with it. I think The PRESIDING OFFICER. The Sen- ing their sexual orientation, I thought: I can explain it pretty simply. ator from California. This is tough because if a school dis- First of all, we have an unequivocal Mrs. BOXER. Madam President, as trict really has a strong feeling and statement in the bill right now with a soon as Senator REID is done, I will they believe this to be a fight for civil Helms amendment that says you lose claim the floor. rights, they are still going to have to Federal funds if you deny the Boy Mr. REID. Madam President, I want- let the Boy Scouts in. But that is Scouts of America the ability to use ed to ask a question of the manager. I America. We allow equal access and your facilities after school on a non- am speaking to a Chamber empty on that is the way it is. discriminatory basis. the minority side. Now I have an amendment that sim- How does the Helms amendment The question we have on this side is, ply guarantees this equal access, that work? It has an enforcement mecha- When, if at all, are we going to vote on says the Senate agrees on equal access nism. That enforcement mechanism is, this? Does anybody know? Maybe one for all groups, whatever their view is you lose Federal funds. So the Boy of the managers is in the back. It is on sexual orientation. And I have peo- Scouts of America don’t have to go out now 4 o’clock, approximately. We have ple who stand up and say I am undoing and hire a lawyer, go to the district an amendment that says: the Boy Scouts. court, the circuit court, and the Su- No public elementary school, public sec- Again, my most enduring memory of preme Court to get to use the local ondary school, local educational agency, or my little girl, who is now a mother schools for Scout meetings after State education agency, may deny equal access or a fair opportunity to meet after herself, is her in her little outfit when school. The Helms amendment has an school in a designated open forum to any she was a little Brownie, and the char- enforcement mechanism in it. youth group, including the Boy Scouts of acter building that went with that. So Second, the Helms amendment says America, based on that group’s favorable or no one can get up on the other side and the Boy Scouts can use the school- unfavorable viewpoint concerning sexual ori- say Members on this side do not care. house on a nondiscriminatory basis, entation. We do care. which means they cannot be charged a A little different from my friend This amendment, again—and then I higher fee than anybody else. They from Wyoming, I am a lawyer. If there will yield the floor to my friend be- cannot face separate rules than any- is something wrong with this legally, I cause I know he has reasons that he is body else, where they could be denied

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6273 the right to hand out material, for ex- are very different. Then you are going have passed amendments and bills all ample. That is the Helms amendment. to leave it up to conferees to decide the time that deny or grant Federal That is the position of the education which one they want to take. funds based on what a school system bill as it now stands. If your objective is to have the does. But everybody has their own We voted on that issue. The vote was strongest possible language for the Boy opinion about that. 51–49. Where I come from, that is about Scouts, I assert—this is a free country, My basic position is that the Helms as close as you can get and have a de- and people have their own opinions— amendment is quite strong and has an terminant result. that the way to keep the strongest lan- enforcement mechanism. This amend- Now in comes this amendment which guage is to not dilute it by putting ment would require that the Boy Scout says no public elementary school or weaker language without an enforce- troops all over America get lawyers public secondary school or local edu- ment mechanism next to it. With all and go to court on an individual basis. cation agency or State agency may due respect, that is why I am going to It would be really unenforceable, ex- deny equal access. No one is opposed to vote no on it. cept with the expenditure of tremen- this freestanding, but this now clouds I would be very happy to yield to my dous amounts of money that the Boy the position of the underlying bill. dear friend. Scouts don’t have. Why is this amendment a very weak Mr. BIDEN. Madam President, if the I think we have a strong measure in amendment which does virtually noth- Senator will yield for a brief comment the bill now. Fifty-one Members voted ing to protect the Boy Scouts? Let me and question, my objective is to make for it. My suggestion is, keep it strong explain why. sure the Boy Scouts have access to the if you want the Boy Scouts in schools, First of all, there is no enforcement school. and I would vote no on this. Obviously, My worry is, having been the guy mechanism. Unlike the Helms amend- people have other opinions. That is who wrote the statutory language on ment, which is currently part of this why—— flag burning, the Supreme Court is bill, there is no enforcement mecha- Mr. NICKLES. Will the Senator from going to rule unconstitutional the nism if a school violates the law. What Texas yield for a question? Helms amendment, if you pass it. Ask would that force the Boy Scouts of Mr. GRAMM. I am happy to yield. any conservative or liberal lawyer. America to do? It would force the local Mr. NICKLES. I appreciate the Sen- There is a 60-percent chance that will troop to hire a lawyer and to go to ator yielding. I also appreciate the dis- court. You could literally dissipate the happen. I view it in the exact opposite way, cussion on the amendment. assets of the Boy Scouts of America in although approaching it with the same I may be off base, but I am reading trying to enforce a bill that has no en- objective as my friend from Texas does. the amendment, and it says: forcement clause in it. The reason to include this other provi- . . . State educational agency, may deny The amendment which is now in the sion is to have a fail-safe constitu- equal access or a fair opportunity to meet bill, which is undercut by adding this tional guarantee because what the after school in a designated open forum to amendment to it, has an enforcement any youth group, including the Boy Scouts Court is going to say on the Helms mechanism, because you lose funding, of America, based on that group’s favorable amendment—which I support as or unfavorable position concerning sexual and any school faced with giving up amended—is the following. It is going Federal funding is going to allow the orientation. to say that you do not have a guar- Maybe I am misreading that, but it Boy Scouts to use their facility. antee to take away funds from any Second, this amendment does not looks to me as if it is an invitation for school district that denies homosexual gay activist groups, for all kinds of guarantee that the Boy Scouts would organizations the right to be in the be able to use the facility on an equal groups, to meet. If you give access to school. You do not deny funds to any the Boy Scouts, then you have to give basis. They couldn’t discriminate organization or any school that denies against the Boy Scouts or anybody else access to gay activists in elementary or permits prayer in school, which is schools, grade schools, schools up to in terms of using it. But it does not unconstitutional. the 12th grade, senior high schools. have a provision, as the Helms amend- The Court is going to look at it and Mr. GRAMM. May I respond to that? ment does, to guarantee that you don’t say it is not content neutral. That is Mr. NICKLES. Please do. have to pay a higher fee or that you what I mean. I know my friend from Mr. GRAMM. Let me respond by say- wouldn’t get to use it on an equal basis Texas knows as well. That is why—it is ing, remember Senator BYRD got up or you wouldn’t be able to hand out not content neutral—the same ration- and asked that we change the Helms materials ale that declared my constitutional amendment because it had language in I am not saying this is a bad amend- statute against flag burning unconsti- it that said ‘‘or other groups.’’ So the ment. If this had been offered free- tutional. It was not content neutral. standing, if we had not debated the I argue, for those of you who truly argument was made by Senator BYRD other amendment all day long, I think want to make sure the Boy Scouts that the language in the Helms amend- some might have found some merit in have access, even if you voted for and ment that said ‘‘other groups’’ was so it. support the Helms amendment—which vague that it could include Nazis, My point is, we have a provision in I think is a reasonable position—you skinheads. the bill that has an enforcement mech- should vote for this amendment as well My point is, this language is at least anism, which this does not. We have an because it guarantees you double pro- as broad as the language we took out of unequivocal statement in the bill that tection. the Helms amendment because this re- was passed 51–49. My basic position is This is clearly, unequivocally con- quires that they open it up to any that this actually weakens the bill by stitutional. The Helms amendment, as youth group, including the Boy Scouts. putting two provisions in it, one which amended, is unquestionably constitu- And the question is, Do we want to is strong and enforceable and has an tional. force public schools to open up to enforcement mechanism, and one I yield the floor. I thank my col- skinheads? Or to the Ku Klux Klan? I which does not. league. do not think we do. Therefore, my view is, with all due Mr. GRAMM. Madam President, re- Senator BYRD made the point. I sup- respect, that we have already decided sponding very briefly, first of all, if you ported him in changing the Helms this on a 51–49 vote, and if your objec- believe a provision is unconstitutional, amendment because it said: Boy Scouts tive is to guarantee that the Boy in my opinion, you ought to vote or other groups. And we made that Scouts of America get to use the against it. We sort of hide behind this change by unanimous consent. schoolhouse like other organizations, idea of ‘‘let the Supreme Court decide.’’ Now we have this amendment before then the thing to do would be to leave But when we put our hand on the Bible us that says that we open it up ‘‘to any the provision which is currently in the and swear to uphold, protect, and de- youth group, including the Boy bill there and to reject this amend- fend the Constitution, in my opinion, Scouts’’ without regard to their view ment. we are swearing to do that. on sexual orientation. But what about If we adopt this amendment, then we I personally do not believe the Helms their view on America or race or nu- have two amendments in the bill that amendment is unconstitutional. We merous other things?

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6274 CONGRESSIONAL RECORD — SENATE June 14, 2001 I am saying that the criticism Sen- those reasons, I believe this amend- district would be the one that would ator BYRD raised of the Helms amendment ought to be rejected. have to say: This is why we are block- ment—that it opened it up for all these We have already acted on it. It was a ing the Boy Scouts from being in this hate groups—that same criticism can, tough vote. It was 51–49 as to who school. This is what we are doing. And and I think should, be leveled against wanted to guarantee the right to the if they don’t, if they don’t have the ra- this amendment. Maybe it should be Boy Scouts. I think we have spoken. I tionale, then they are going to lose corrected by modifying these other think this is a weaker amendment. their Federal funding. youth groups to assure they are groups I hope we will not move away from Under the Boxer amendment, which that have a Federal patent, for exam- the strong, unequivocal position we is basically the current law, the Boy ple. took that the Boy Scouts of America, Scouts have to sue to say: We have a But I simply say that the point Sen- and their commitment to God and right to be in this school. That is the ator BYRD made was as valid against country, is a commitment we believe law today. The Boxer amendment just this amendment as it was against the belongs in every schoolhouse in Amer- basically renews the law as it is cur- Helms amendment and we changed the ica where they want to operate. So I rently today. The Boy Scouts would Helms amendment. urge my colleagues to reject the have to sue to say: Look, we are not AMENDMENT NO. 803, AS MODIFIED amendment. going to go against our Federal char- Mrs. BOXER. Mr. President, I ask I yield the floor. ter, and we still want into the school. unanimous consent to make that modi- The PRESIDING OFFICER. The Sen- This is current law, what this school fication, as we allowed that modifica- ator from Delaware. district did. The Boxer amendment ba- tion to be made in the Helms amend- Mr. CARPER. Mr. President, this sically puts forward current law again. ment, to mirror that. week, this month, we have been seek- So the Boy Scouts would have to hire a bunch of lawyers to go against the The PRESIDING OFFICER (Mr. NEL- ing to redefine the role of the Federal school district—in this situation as SON of Nebraska). Is there objection? Government in education in our coun- Mr. BROWNBACK. Reserving the try. well as in hundreds of thousands of sit- right to object. For much of this day we have spent uations across the country—to get into Mr. GRAMM. No, let’s not object. our time in this Chamber trying to the school. That is a real live case. That is an ex- Mr. BROWNBACK. I just want to un- make sure that Boy Scouts have the ample of what we are talking about. derstand. opportunity to have their meetings and The Boxer amendment does not cure Mrs. BOXER. Instead of saying their activities in our public schools. that. ‘‘other youth groups,’’ we would say As a number of my colleagues, I was a Boy Scout. As a number of our col- On the other hand, the Helms amend- that have a national charter. It would ment that was adopted—by a very mirror the Helms amendment. leagues, I am the father of not one Boy Scout but two Boy Scouts. One just tight vote, a close vote—would say Mr. BROWNBACK. OK. So you would that the Department of Education goes insert that language? You would strike made Star this past week, two steps away from Eagle. The other guy is a to the Chapel Hill School District and the language ‘‘any other youth group’’ says: Why are you blocking the Boy and instead insert those in section 36? new guy, brand new, just was a Weeblo, just crossed over. He is going camping Scouts? And if you are going to con- Mrs. BOXER. That is absolutely cor- tinue down this road, we are going to rect. We would do it the same way we tomorrow night with Troop 67 to Lum’s Pond outside Newark, DE. pull Federal funding. So then it is on allowed you to modify yours. the school districts, in that particular The PRESIDING OFFICER. Is there My friends, we have talked about this long enough today. I suggest that we case, to defend as to why they are objection? blocking the Boy Scouts or they will Without objection, it is so ordered. call a halt to this debate and go ahead and vote. There are those of us who get their Federal funding pulled. The amendment, as modified, is as The Boy Scouts have an access to be want to go camping with the Boy follows: able to get in. They have a tool to be In lieu of the matter proposed to be in- Scouts this weekend. I don’t want to be able to get there. On the other side, serted insert the following: here tomorrow night talking about this they have to fight their way through SEC. 1. SHORT TITLE issue; I want to be camping. court. And for those who are saying: This title may be cited as the ‘‘Equal Ac- Mr. REID. I would ask we vote. You are dreaming up cases, here is an cess to Public School Facilities Act.’’ The PRESIDING OFFICER. The Sen- SEC. 2. EQUAL ACCESS example: ator from Kansas. I read five others when I took the IN GENERAL.—No public elementary school, Mr. BROWNBACK. Mr. President, I public secondary school, local educational floor earlier. There are more that I have a couple comments I would like to could read. The simple point of this is, agency, or State educational agency, may make regarding this amendment. deny equal access or a fair opportunity to thankfully, the amendment is being meet after school in a designated open forum We have talked in the abstract on changed some, so it is not all organiza- to any youth group, listed in title 36 of the this issue of: Will the Boy Scouts have tions—skinheads and others, but the U.S. Code as a patriotic society, including to sue to get into schools or will they fact of it is, who are you going to put the Boy Scouts of America, based on that not? There have been some allegations the burden on, on the school district or group’s favorable or unfavorable position made. Several Members have said this are you going to put it on the Boy concerning sexual orientation. is not the case. Scouts? Mrs. BOXER. I thank my colleague I want to put a real case in front of The Boxer amendment puts it on the for making that point. us. On January 11, 2001, the News & Ob- Boy Scouts. The Helms amendment The PRESIDING OFFICER. The Sen- server reported that the Chapel Hill- puts it on the school district. I hope we ator from Texas. Carroboro school board voted to give will all say we want the Boy Scouts in Mr. GRAMM. I am glad that correc- Scouts until June to either go against the schools. We don’t want to charge tion was made, but that does not the rule of their organization or lose them a bunch of money to get there. change any of the other points I made. their sponsorship and meeting places in We don’t want to charge undue fees. We There is no enforcement mechanism schools. don’t want to charge them more to be here. We have a provision in the bill That was January of this year. That able to get into the schools. That is the that does have an enforcement mecha- school board says: By June, you either point. nism. So we are weakening our com- change—go against the Boy Scouts or- I urge my colleagues to vote against mitment to it by putting this amend- ganization—or lose your privileges to the Boxer amendment, if they support ment in the bill. get into the schools. the Boy Scouts and keeping them from Secondly, we do not have any guar- We have two different proposals in having to spend a lot of money just to antees that the Boy Scouts—while they front of us: the Helms amendment that get into the schools, places where they might be permitted to come to the was adopted and the Boxer amendment presently deserve to be. school grounds, they might be charged that is being proposed. The PRESIDING OFFICER. The a higher fee or separate conditions may Under the Helms amendment that question is on agreeing to amendment be imposed on them. And for both was adopted, the school board in this No. 803, as modified.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6275 Mr. REID. Mr. President, I ask for reading, writing, and arithmetic. Rath- FRIST’s bill merely sought to provide the yeas and nays. er, students must possess the resources all 50 States within that same flexi- The PRESIDING OFFICER. The yeas to compete and succeed as we proceed bility. The Senate passed the bill over- and nays have been ordered. The clerk into the new, highly technical millen- whelmingly by a vote of 98–1 and with- will call the roll. nium. The computer and the Internet in a month the President had signed The legislative clerk called the roll. have become integrated into every as- the measure into law. Unfortunately, Mr. REID. I announce that the Sen- pect of our lives, and are becoming es- after the passage of Ed-Flex for a vari- ator from Hawaii (Mr. INOUYE) is nec- sential teaching tools in our schools ety of reasons there was not any fur- essarily absent. and a basic component of any class- ther fundamental changes made to our The PRESIDING OFFICER. Are there room. K–12 system. Instead, since the last re- any other Senators in the Chamber de- To meet this challenge, we must authorization of the ESEA in 1994 there siring to vote? strive for innovative ideas and to de- is no approach that we learned is a The result was announced—yeas 52, termine exactly how we can maximize complete failure: merely providing nays 47, as follows: the Federal Government’s resources be- more funding. [Rollcall Vote No. 191 Leg.] cause: Even on its best day the Federal In 1996 the Federal Government YEAS—52 Government can never be a replace- spend about $23 billion on education Akaka Dorgan Mikulski ment for local administrators, edu- and within a few short years the num- Baucus Durbin Miller cators, and parents. ber ballooned to over $42 billion in FY Bayh Edwards Murray Biden Feingold Nelson (FL) Simply put, New Mexicans are in a 2001. The logical conclusion is that a Bingaman Feinstein Nelson (NE) far better position to know exactly near doubling of educational funding Boxer Graham Reed what our schools and students need would result in dramatic improvements Breaux Harkin Reid than government officials here in in student achievement. Sadly, for all Cantwell Hutchison Rockefeller Carnahan Jeffords Washington. Sarbanes of our funding we simply do not have Carper Johnson Schumer Most Washingtonians probably do the matching results. Chafee Kennedy Snowe not know the Corona School District For instance, in 1996 the average Cleland Kerry Clinton Kohl Specter has 82 students, the Deming School reading score for a 4th grader was 212 Conrad Landrieu Stabenow District has 5,300 students, and the Al- and the Federal Government spent Corzine Leahy Torricelli buquerque School District has 85,000 about $11 billion on the ESEA. Five Daschle Levin Wellstone Dayton Lieberman Wyden students. Additionally, the Gallup years later, Federal spending on the Dodd Lincoln School District encompasses nearly ESEA has nearly doubled to $20 mil- NAYS—47 5,000 square miles, an area greater than lion, while the average reading score of Rhode Island and Delaware combined. a 4th grader remained at 212. Allard Enzi McConnell Allen Fitzgerald Murkowski My point is simple, a one-size-fits-all In New Mexico, the number of 4th Bennett Frist Nickles approach cannot work in New Mexico graders testing at or above proficient Bond Gramm Roberts and will not work in many areas of our in reading actually fell from 23 percent Brownback Grassley Santorum country. Consequently, we must have Bunning Gregg in 1992 to 22 percent in 1998. I submit Sessions solutions that are flexible and meet the that we are not receiving a very good Burns Hagel Shelby Byrd Hatch Smith (NH) diverse needs of our States, school dis- return on our investment, a near dou- Campbell Helms Smith (OR) tricts, and schools. bling of funding with no corresponding Cochran Hollings Stevens Collins Hutchinson I want to take a couple of minutes improvement. Imagine savings a great- Thomas Craig Inhofe and provide my perspective on how we er and greater portion of your pay- Crapo Kyl Thompson arrive at the point we are today with Thurmond check each week and after 5 years ac- DeWine Lott the BEST bill. Domenici Lugar Voinovich tually having less money. I think it is Ensign McCain Warner Not too long ago during the mid fair to say that very few individuals 1990’s a number of us came to the con- NOT VOTING—1 would stand for these results, if instead clusion that the current K–12 education of students we were talking about our Inouye status quo could no longer be main- retirement savings. The amendment (No. 803), as modi- tained. I think this realization may Thus, we are now debating the BEST fied, was agreed to. have been spurred by Senator FRIST’s bill because many of us believe we sim- Mrs. BOXER. I move to reconsider excellent work as the chair of the Sen- ply must have a new approach to meas- the vote. ate Budget Committee Task Force on uring academic success. The bill fun- Mrs. MURRAY. I move to lay that Education. The task force produced: damentally alters the practice of motion on the table. ‘‘Prospects for Reform: The State of Washington deciding the best edu- The motion to lay on the table was American Education and the Federal cational practices and then distrib- agreed to. role.’’ The PRESIDING OFFICER. The uting increasingly greater and greater The report asked the simple question question is on agreeing to amendment sums of money without any account- of ‘‘how well are our children doing?’’ No. 562, as amended. ability. The answer was mediocre at best be- The amendment (No. 562), as amend- Make no mistake, we have not aban- cause student achievement had stag- ed, was agreed to. doned our commitment to providing Mr. KENNEDY. Mr. President, this nated over the past two decades even the necessary resources to our States might not be the case, but there is a though America had established a and school districts. In fiscal year 2001 possibility that it might be the case, record of near universal access and ESEA spending totaled $18.4 billion. and that is, to my knowledge, Senator completion of high school. Thus, the President Bush’s fiscal year 2002 report concluded that we must address CLINTON is going to speak for 1 to 2 budget proposal requested a $19.1 bil- minutes on her amendment, and I un- the issue of a quality educational sys- lion authorization for ESEA for fiscal derstand it is going to be accepted. tem. In other words the need for aca- year 2002, a 9-percent increase. I suggest the absence of a quorum. demic competence and rigor. Building upon the President’s pro- Mr. DOMENICI. Will the Senator let Building upon the excellent work of posal, the FY 2002 budget resolution in- me speak? the Task Force, Senator FRIST soon includes the President’s 9-percent in- Mr. KENNEDY. I withhold the re- troduced the Education Flexibility crease in federal education spending quest. Partnership Act of 1999 commonly re- for reading education, the Individuals The PRESIDING OFFICER. The Sen- ferred to as Ed-Flex. The bill simply and Disabilities Education Act, IDEA, ator from New Mexico. said: one size does not fit all and thus, and teacher training. Mr. DOMENICI. Mr. President, I rise States should be allowed to waive-out I think it is also important to note today to discuss the Better Education of the regulations pertaining to certain that on May 3 when the Senate began for Students and Teachers Act. Federal K–12 education programs. debate, the BEST bill already author- Education no longer simply involves Ed-Flex already existed as part of a ized $27.7 billion for ESEA in FY 2002, a students learning the fundamentals of demonstration program and Senator 57-percent increase over 2001 and nearly

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6276 CONGRESSIONAL RECORD — SENATE June 14, 2001 $190 billion over the authorization pe- grams to create Math and Science need of mental health services and con- riod of FY 2002–2008. Partnerships, Strengthen After-School tinuing mental health services; and If one does not believe that is enough Care, and provide for Early Childhood educating teachers, principals, admin- then you will be interested to hear how Reading Instruction. istrators, and other school personnel much spending we have added since Parents and the public will be given about the services. May 3: detailed school-by-school report cards Finally, we must provide our school $11 billion in ESEA and other edu- on the performance of their schools. districts and schools with the resources cation spending for a total of $38.8 bil- Parents will have the option to trans- to both recruit and retain the best lion in FY 2002, an increase of 120 per- fer their child from a failing public available teachers for our children. cent over FY 2001. school to an effective public school Earlier this year I introduced the $211 billion in ESEA and other edu- with transportation provided or to re- Teacher Recruitment, Development, cation spending for a total of $416 bil- direct their child’s share of federal and Retention Act of 2001. I am very lion over the seven year authorization funds towards tutoring or after-school pleased to see elements of that bill in- period of the bill. academic services. Parents will be cluded in the pending legislation. I am And of that total, $112 billion is man- given the option to transfer their child also grateful the Senate has accepted datory spending under the Individuals out of a persistently unsafe public my amendment that will allow States with Disabilities Education Act. school to another public school of their the option of using Teacher Quality With the preceding as a backdrop, I choice. funds for the creation of Teacher Re- believe the BEST bill follows the Presi- As Congress proceeds, one of its pri- cruitment Centers. Teacher Recruit- dent’s promise to leave no child behind mary missions will be to determine ment Centers will serve as statewide by ensuring academic success through what is working, what is not working, clearinghouses for the recruitment and a fresh approach to education like: Ac- and what can be improved to give our placement of K–12 teachers. The cen- countability. children a better chance of succeeding ters would also be responsible for cre- Our schools will be held accountable in the future. ating programs to further teacher re- for their progress in educating our chil- Before I conclude, I want to briefly cruitment and retention within the dren through high standards, testing, talk about several provisions that are state. and consequences for failure. of personal importance to me: Thank you and I look forward to the Every child in grades 3–8 will be test- First, Senator DODD and a bipartisan working with my colleagues on this ed in reading and math proficiency an- group of Senators joined me earlier important issue and final passage of nually. In New Mexico alone about this year to introduce the Strong Char- this bill. 151,000 students will be tested. Also, the acter for Strong Schools Act. I think it Mr. REID. Mr. President, I suggest State will receive an additional $4.5 is important to note that reform does the absence of a quorum. million next year and more than $33 not only apply math, science, and read- The PRESIDING OFFICER. The million over the next 7 years to offset ing; instead we must also reform the clerk will call the roll. any new costs. culture of our schools. The legislative clerk proceeded to Instead of simply continuing to re- Our bill will be part of an amendment call the roll. ceive increased Federal funding in the offered by Senator COCHRAN and seeks Mr. KYL. Mr. President, I ask unani- face of failure, schools will now face to encourage the creation of character mous consent that the order for the consequences for persistent failure. education programs at the State and quorum call be rescinded. Schools failing to demonstrate im- local level by providing grants to eligi- The PRESIDING OFFICER. Without provement will face corrective action, ble entities. I believe our bill builds objection, it is so ordered. parents will be given the option of pub- upon the highly successful demonstra- Mr. KYL. Mr. President, before turn- lic school choice and supplemental tion program to increase character ing to my tuition tax credit amend- services for their children, and ulti- education that was contained in the ment, I am pleased to inform the peo- mately a school’s persistent failure last ESEA bill. ple of Arizona that an agreement has could lead to reconstitution. Since 1994, the Department Of Edu- been reached to allow the T.J. Pappas Consolidation of duplicative education has made $25 million in ‘‘seed School to remain open and eligible for cation programs will provide maximum money’’ grants available to 28 States federal funds, including homeless edu- local flexibility to focus on improving to develop character education pro- cation funds. student achievement. For instance, grams. Currently, there are 36 States As I understand it, a modified version title II of the BEST bill created a new that have either received federal fund- of the amendment I have offered to se- State teacher development grant pro- ing, or have enacted their own laws cure this objective will be incorporated gram with a substantially larger pot of mandating or encouraging character into the bill shortly. money by combining all of the current education. Thus, the time is now to en- The Pappas School is well-known and teacher funding. States will have the sure that there is a permanent and well-regarded in the greater Phoenix option to use the funding for profes- dedicated funding source available for area because it combines a high-qual- sional development, teacher men- character education programs. ity education with essential social toring, merit pay, teacher testing, as I also believe schools must not only services required by the homeless stu- well as recruiting and training high- have the resources for core missions dents who attend. quality teachers. like teaching reading, writing, math, I have visited the school and I believe For example, New Mexico maintains and the sciences, but the additional re- that the work that they are doing is a commendable student-teacher ratio sources to face emerging challenges. good work. I also believe that it would of 15.2 and under the bill will no longer Thus, I am extremely pleased the be a grave disservice to children who be required to use a portion of these Senate has accepted an amendment au- have already borne significant misfor- funds for class size reduction. Instead, thored by Senator KENNEDY and I to in- tune if the Federal Government de- New Mexico will have the option to use crease student access to mental health prived them of the opportunity to at- that money for teacher recruitment services by developing links between tend an institution that serves them so and retention programs or maybe addi- school districts and the local mental well. tional training. health system. Last fall, President Bush visited the The new accountability provisions School districts would partner with school and came away impressed by the will ensure that historic increases in mental health agencies, juvenile jus- commitment of the staff and the hope Federal education funding will be tice authorities, and any other rel- that those dedicated professionals have based upon school performance. The evant entities to better coordinate instilled in their students. bill includes the President’s Reading mental health services by: Improving The agreement that was hammered First initiative to ensure all children preventive, diagnostic, and treatment out by my self, Senator FEINSTEIN, and kindergarten through third grade services available to students; pro- Senator MURRAY, and Senator BOXER, become proficient readers by the end of viding crisis intervention services and revises the language in the underlying third grade. The bill also includes pro- appropriate referrals for students in bill to allow Pappas and a number of

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6277 other worthy schools to continue serv- School officials are helping her apply for Mr. KYL. Mr. President, I will briefly ing children in need. It also ensures financial aid and promising a scholarship. explain what we accomplished in this that essential safeguards for homeless ‘‘I’m going to be somebody,’’ she said. amendment. An agreement was reached students and their families are pro- She is determined, said Mary Michaelis, to allow the Thomas J. Pappas School the school’s student services coordinator. tected. And, unlike many kids at Pappas, Sumlin is in Arizona to remain open and eligible Of course, a homeless child should be pushed by her mother, Velma Williams, to do for Federal funds, including these able to attend any school he or she well. homeless education funds. A modified wishes—whether it be the school he or ‘‘She is too big on school, my mom is,’’ version of the amendment I offered to she attended before becoming home- Sumlin said. ‘‘She says I’m not going to drop accomplish this will be incorporated less, or a school like Pappas that ad- out if she has anything to do with it.’’ into the bill shortly. dresses their distinct needs on a transi- MOM HELPS OUT For the information of my col- tional basis with the objective of ena- Williams has everything to do with it. She leagues, the Pappas School is well bling them to return to a mainstream volunteers at the school and stops by regu- known and very well regarded in the school. larly to check on her kids. greater Phoenix area because it com- I am very pleased that despite some ‘‘I push my kids a little harder than most bines a high-quality education with es- fundamental philosophical differences, people push their kids so that they make sential social services required by the something of their lives and not have to it was possible to reach this agree- work a job like I’m working now,’’ Williams homeless students who attend the ment. said. school. Mr. President, I want to make a brief She works 40 to 50 hours for less than $300 I have visited the school, and I know statement on behalf of Senator MCCAIN a week, collecting bills for a telemarketing the work they are doing is very good. I and myself and others who have company. also think it would be a grave dis- worked out the language of an amend- She knows about unpaid bills. Her phone service to the children who have al- ment which will permit some schools doesn’t work because she spent the money on ready borne significant misfortune in for homeless children to continue to new shoes, stockings and a rented limousine their lives if the Federal Government for Pappas’, and the girls’, first prom. operate. They’ll eat bologna for a week. deprived them of the opportunity to at- I ask unanimous consent to print in She is raising six kids. Her oldest, Chris, tend an institution that has served the RECORD an article from the Arizona 21, is on his own in school in Seattle, with no them so well. Republic of June 14, 2001, relating to government assistance and no child support. Last fall, president Bush visited the just one of the success stories of this The kids have no contact with their fathers. school and came away very impressed school, the Thomas J. Pappas School. All the kids need new shoes. She’ll buy two by the commitment of the staff and the There being no objection, the mate- pairs this week, two the week after and two hope those dedicated professionals rial was ordered to be printed in the more after that. have instilled in their students. ‘‘I have always taught them if you want RECORD, as follows: something, you work for it,’’ Williams said. The agreement I speak of was ham- ‘‘From the Arizona Republic, June 14, 2001’’ ‘‘You don’t expect the next person to hand it mered out by Senator FEINSTEIN, Sen- PAPPAS VALEDICTORY? to you.’’ ator MURRAY, Senator BOXER, Senator SOLE GRADUATE MAY BE LAST FOR SCHOOL PAPPAS PICKS UP THE SLACK MCCAIN, and myself, and revises the (By Karina Bland) Pappas is the only place her kids have had language in the underlying bill to Crystal Sumlin is all there is to the Class a chance to do well, she said. Now, no matter allow the Pappas School and a number of 2001, graduating tonight from the Thomas how often they move, they stay put at of other worthy schools to continue J. Pappas School for homeless children. school—the same teachers, the same friends. serving children in need. She is the school’s first—and possibly It is the one stable thing in their lives, It ensures essential safeguards for last—graduate depending on a vote expected their mother said. homeless students, and their families today in Congress to ban federal funding for Most schools require kids to live within at- are protected. Of course, a homeless homeless schools. The School is under fire tending boundaries or get there on the their child should be able to attend any own. Pappas buses travel hundreds of miles a for segregating kids from their public school school, whether it is the school he or peers. day, picking up kids wherever they live. ‘‘If it weren’t for Pappas, I don’t think I Kids can eat, get clothes and even medical she attended before becoming homeless would have made it to graduation,’’ Sumlin treatment there. or a school that addresses their dis- said. ‘‘And I know I wouldn’t be going to col- Pappas could lose $850,000, almost two- tinct needs on a transitional basis with lege.’’ The school, open for more than a dec- thirds of its annual budget, if Congress de- the objective of enabling them to re- ade, added a high school three years ago, so cides today to pull its federal funding. turn to a mainstream school. its oldest students are juniors. But Sumlin, Maricopa County Schools Superintendent I am very pleased, despite funda- 17, who has almost straight A’s—she got a C Sandra Dowling said she’d come up with the mental philosophical differences, it in trigonometry—finished her course work a money somehow rather than lose the school at Fifth Avenue and Van Buren Street. was possible to reach this agreement. year early. We have done something for homeless Despite the uproar in Congress over her HOLDING DOWN THE FORT children, and for that I think we should school, Sumlin is thinking only of finishing Sumlin is in charge in her family’s two- up a report on Arizona’s unemployment rate be rightly proud. bedroom townshouse near 24th Street and Secondly, Mr. President, I would like and the new dress she’ll wear under her McDowell Road until Mom gets off work, black cap and gown. sometimes 8 or 9 p.m. to offer a few words about an amend- Sumlin, her three younger sisters and lit- In the long afternoons, she weaves comment that I will not be offering. I be- tle brother have been at Pappas for three plicated braids in her sister’s hair. They lis- lieve that these comments will go some years after a lifetime of switching schools. ten to music, singing along with Mariah distance toward explaining the reasons One year, she switched schools seven times. Carey. She said her family moves about every why I plan to vote against final pas- ‘‘We don’t have vocal skills,’’ Sumlin said, sage of the bill before us. three months, usually because the rent is too laughing. ‘‘But we do it anyway.’’ high, the landlord complains of too many Mr. President, I appreciate the oppor- Michael, 9, the youngest and only boy at tunity to say a few words about my kids, or her brother Jason, 16 and in a deten- home, has hazel eyes and girlfriends in sixth tion center, sometimes gets into trouble. and eighth grades. He wants to be a fire- amendment number 580. But they’ve been in the same place since fighter. I will not be offering this amendment November, the longest most of the kids re- Report cards are out. The kids pass them so that there will be no blue slip prob- member without a move. They’ve lived in a proudly. Berry a tubby Basset hound, rolls lems with the House. shelter, cheap motels and apartments. belly up. This amendment, like the Gregg ‘‘I hate moving,’’ Sumlin said. ‘‘When I got Sumlin cooks for the kids, often making older, I thought I wanted to travel, but, now, amendment, that—unfortunately—was spaghetti or chicken and Rice-A-Roni. I don’t know. I think I’ll find a place and defeated earlier this week, would make She hopes her family stays put awhile, stay in it.’’ real reforms that address the urgent though she plans to live in a dormitory at need to improve elementary and sec- EYE ON THE BALL ASU. Shy at first, Sumlin starts talking and her Sumlin is nervous about going to college ondary education in our country. plans spill out: Arizona State University in but said, ‘‘I think I’ll be all right as long as The tax bill that we passed last the fall. Maybe a class this summer to start. I can come home and visit.’’ month takes a very important first She wants to be an attorney. No matter where home may be. step along these same lines by allowing

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6278 CONGRESSIONAL RECORD — SENATE June 14, 2001 the Coverdell education IRAs to be My amendment would provide a $250 use their own money to support edu- used not only to facilitate savings for tax credit, $500 for joint filers, to par- cation is a different matter and upheld college education but for grades K tially offset the cost of donations to the program. through 12 as well. tuition scholarship organizations. And consistent with previous hold- While the administration of our These organizations—usually founded ings on the subject, the U.S. Supreme schools is and should remain a local re- by business leaders—that provide tui- Court declined to review the decision. sponsibility, we have a compelling nation scholarships to enable needy In other words, the Arizona tax cred- tional interest in improving the qual- youngsters to attend a school of their it should be embraced by those con- ity of K through 12 education. families’ choosing. The idea first came cerned that Federal dollars going to And there are ways to discharge that to light about a decade ago when the vouchers which students would then responsibility without adding to the first one was founded in Indianapolis. take to the school of their choice could bureaucracy in Washington and with- Now there are more than 80 such pro- possibly be unconstitutional. out adding new mandates. grams serving more than 50,000 stu- In Arizona, you do not have public As has been noted repeatedly during dents nationwide. dollars being given to students in the debate on this bill: It is a fact that For families who benefit, these pro- form of vouchers which are then taken America is currently not educating the grams are a godsend. A study that was to the school of their choice. workforce it needs for the economy of just released by the Kennedy School of Instead, what we provide is that if the 21st century. Raising overall Government found that 68 percent of people want to contribute money to a achievement will enhance America’s parents awarded scholarships are very duly qualifying scholarship fund, that competitiveness. satisfied with academics at their scholarship fund can then give that scholarship to needy students and It is a fact that international tests child’s school compared with only 23 those students can take that scholar- reveal that American high school sen- percent of parents not awarded scholarship to whatever school in which they iors rank 19th out of 21 industrialized ships. nations in mathematics achievement I should pause on that point to ob- want to be educated and the donors receive a tax credit. and 16th out of 21 nations in science serve if this amendment became law That is constitutional. It does not achievement. and scholarships were to become more violate any notion of separation of Ironically, this threat to our com- widely available, the schools these stu- church and state. petitiveness is the result of our failure dents left would have a much greater And yet it permits people to help to apply the very principles under- incentive to improve than is the case those who need the help the most to girding our economy’s success in the today. have the flexibility that only the most area of education. Because we anticipate that the tax wealthy in our society have today: the Our Nation has thrived because our credit would foster competition, we an- ability to take their kids to the school leading industries and institutions ticipate that its adoption will bring of their choice. have been challenged by constant pres- improvement of all schools, not just a I have come to believe that it offers sure to improve and to innovate. The few. the best possible way to resolve this source of that pressure is vigorous But today, the problem is that de- problem of choice and innovation. competition among producers of a serv- mand for scholarships far outstrips It meets the constitutional chal- ice or a good for the allegiance of their supply, even though these low-income lenges; it involves the private sector; it potential customers or consumers. families must agree to contribute a sig- involves personal donations; it does not So why not promote innovation by nificant portion of the total cost of tui- give the Federal Government the task producers and choice for consumers in tion. of funding and administering a large the field of education? For example, in 1997, 1,000 partial tui- voucher program. The quasi-monopoly of public edu- tion scholarships were offered to needy Yet it gets the benefits to the stu- cation today discourages this innova- families in the District of Columbia. dents who need it the most, who are tion. Nearly 8,000 applications were received. willing to contribute part of their own We must find a way to promote inno- Another example: In 1999, 1.25 million income to match that scholarship and vation and opportunity through great- applied for 40,000 scholarships in a na- pay the tuition at the school of their er choice of parents. Those are the con- tional lottery. Clearly, there is a huge choice. cepts that have built this country unmet demand for this kind of assist- Now when I brought this amendment through our great free market eco- ance. up during the debate on the tax bill, I nomic system, and it is the same con- In 1997, Arizona implemented an in- listened carefully to the arguments cept that can improve our educational novative plan to meet that demand in that were offered in opposition by my system. our State: A $500 tax credit to offset colleague, Senator BINGAMAN. The other problem with our edu- donations to organizations that pro- In his remarks, my colleagues made cation system is that too many of our vide tuition scholarships to elementary two basic contentions. children are literally being left behind. and secondary students. The results: First he said: Anyone who has followed this debate Upwards of $40 million in donations to What we are saying [if we pass this amend- has heard the particulars, but they de- tuition scholarship organizations. ment] is we will not appropriate money di- mand our repeated attention: Thirty- The number of school tuition organi- rectly to those schools, but we will give each taxpayer a $250 credit if they will give that seven percent of American fourth grad- zations operating in my State of Ari- $250 to the private school. That, to men, ers’ tests show that they are essen- zona is up from 2 to 33, and the organi- seems to be a pretty direct way of providing tially unable to read. For Hispanic zations have a very wide range of em- Federal support for private and parochial fourth graders, the proportion is 58 per- phasis and orientations. For example, schools. cent, and for African-American fourth they range from the Jewish Commu- But as Arizona Republic columnist graders, it is 63 percent. nity Day School Scholarship Fund to Robert Robb noted, this argument As President Bush has repeatedly the Fund for Native Scholarship En- equating tax credits with direct appro- noted, far too many of America’s most richment and Resources to the Founda- priations ‘‘ultimately rests on the odi- disadvantaged youngsters pass through tion for Montessori Scholarships. ous theory that government is entitled public schools without receiving an Nearly 15,000 Arizona students, near- to all your money, and anything it adequate education. It is intolerable ly all of them from disadvantaged doesn’t grab is in fact expended.’’ that millions of children are trapped in backgrounds, have received this schol- Senator BINGAMAN went on to argue unsafe and failing schools. arship assistance. that it would be imprudent to enact a Parents should have a right in the While some have charged that the proposal this ‘‘costly’’ at a time ‘‘when United States of America to get the law was unconstitutional—particularly we are unable to make [a comparable] best education possible for their chil- given the explicit prohibition on direct commitment to the public schools.’’ dren as they see it, and the amendment aid to parochial schools in Arizona’s But the recent history of the bill be- I offer today will help secure that constitution—our State supreme court fore us today rebuts the premise of right. recognized that allowing taxpayers to that argument.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6279 The Joint Committee on Taxation superpower and the leader of the world ‘‘(D) POPULATION UPDATES.— has estimated this credit could cost the we are today, in economic terms or in ‘‘(i) IN GENERAL.—Notwithstanding para- Federal Treasury $43.4 billion over a 10- terms of human rights, democratic graph (4), in fiscal year 2001 and each subse- year period. principles, and other societal values. quent year, the Secretary shall use updated If we get education right, we can data, for purposes of carrying out section Meanwhile, the Budget Committee’s 1124, on the number of children, aged 5 to 17, staff report that, as of last week, the flourish in all of these areas, and if we inclusive, from families below the poverty Senate has added $211 billion to this stay 19th out of 21 countries on these level for counties or local educational agen- bill for a total seven-year price tag of tests, then Americans are not going to cies, published by the Department of Com- $417 billion. be as well educated and we will be over- merce, unless the Secretary and the Sec- And given the concern about public taken by other nations. retary of Commerce determine that use of schools, it is also worth noting that We have led the world in foreign aid the updated population data would be inap- this tax credit is neutral as to whether and assistance. We have led the world propriate or unreliable. in our insistence on human rights. ‘‘(ii) INAPPROPRIATE OR UNRELIABLE DATA.— scholarships should be used at public or If the Secretary and the Secretary of Com- non-public schools. In other words, America stands for what is good on this Earth, and for us merce determine that some or all of the data Scholarships could be used to offset referred to in this subparagraph are inappro- tuition costs at a private school, or to to continue to be the leader of the priate or unreliable, the Secretary and the pay the tuition costs families in most world to promote these values requires Secretary of Commerce shall— states must pay to enroll a child in a an educated citizenry, a citizenry that ‘‘(I) publicly disclose their reasons; school across district boundaries. will be educated and committed to ‘‘(II) provide an opportunity for States to I hope that my colleagues will think these ideals, to these propositions. submit updated data on the number of chil- about what a magnitude of difference We cannot sustain that kind of edu- dren described in clause (i); and ‘‘(III) review the data and, if the data are that money would make in the lives of cation with the system we have today. The scholarship tuition credits I am appropriate and reliable, use the data, for our children: $43 billion would finance the purposes of section 1124, to determine the 12.4 million $3,500 scholarships. proposing with this amendment will enable parents to allow their children number of children described in clause (i). Think of the opportunity provided to ‘‘(iii) CRITERIA OF POVERTY.—In deter- those 12.4 million students with a $3,500 to be educated in the very best schools mining the families that are below the pov- scholarship to take them out of the for those students and to enable them erty level, the Secretary shall utilize the cri- to escape the kind of system we have condition of education they are in now, teria of poverty used by the Bureau of the today to one where each child can grow out of the failing school, out of the un- Census in compiling the most recent decen- to their full potential. We must denial census, as the criteria have been up- safe school, and to a school where they mand nothing less of our system. dated by increases in the Consumer Price can achieve, where they can learn, This scholarship tax credit is an idea Index for All Urban Consumers, published by where they can be competitive, where whose time has come, and that is why the Bureau of Labor Statistics. they can learn their full potential. I have pressed it repeatedly and will ‘‘(iv) AUTHORIZATION OF APPROPRIATIONS.— I have said many times that if we can continue to do so. There are authorized to be appropriated to get education right, almost everything the Department of Commerce for each fiscal AMENDMENTS NOS. 571 AS MODIFIED, 527 AS else in this country will follow. By year such sums as may be necessary to up- MODIFIED, 457 AS MODIFIED, 582 AS MODIFIED, date the data described in clause (i). ‘‘we,’’ I do not just mean the Federal 432 AS MODIFIED, 585 AS MODIFIED, 586, 587 AS Government. In fact, I mean primarily MODIFIED, 588, 589, 590, 591, 592 AS MODIFIED, 593, the parents and local school folks. 595, 512 AS MODIFIED, 435 AS MODIFIED, 386, 424, AMENDMENT NO. 527, AS MODIFIED First, it will help people realize their 516, 804, EN BLOC, TO AMENDMENT NO. 358 (Purpose: To establish an exception to the full potential. Mr. KENNEDY. Mr. President, we are prohibition on segregating homeless stu- Second, it will make them more in a position to clear amendments by dents) qualified to compete for the kinds of consent. I ask unanimous consent to On page 284, strike lines 6 through 13 and jobs that are going to exist in the fu- consider these amendments en bloc, insert the following: ture. the amendments be agreed to en bloc, ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS Third, it will help our Nation com- and the motion to reconsider be laid STUDENTS.— pete. We are going to need to compete upon the table. ‘‘(A) IN GENERAL.—Except as provided in in a world environment. The PRESIDING OFFICER. Without subparagraph (B) and section 723(a)(2)(B)(ii), Fourth, it is going to make us more objection, it is so ordered. in providing a free public education to a The amendments were agreed to, as homeless child or youth, no State receiving secure because we are going to have funds under this subtitle shall segregate the kind of young students who can in- follows: such child or youth, either in a separate vent the things that are going to help AMENDMENT NO. 571, AS MODIFIED school, or in a separate program within a us keep our technological edge when it (Purpose: To provide grants to states with school, based on such child’s or youth’s sta- comes to national security. high growth rates in Title I children) tus as homeless. Fifth, it is going to make us better Beginning on page 141, strike line 23 ‘‘(B) EXCEPTION.—Notwithstanding sub- citizens. through line 13 on page 142, and insert the paragraph (A), paragraphs (1)(H) and (3) of I have been somewhat appalled at following: subsection (g), section 723(a)(2), and any ‘‘(A) IN GENERAL.—Notwithstanding any other provision of this subtitle relating to what some of our schools do not teach other provision of this Act, the amount made the placement of homeless children or youth about the history of this great country available for each local educational agency in schools, a State that has a separate school of ours, about the foundation for the under sections 1124 and 1124A for the fiscal for homeless children or youth that was op- self-governance we have, about the year shall not be less than the greater of— erated in fiscal year 2000 in a covered county need for people, especially young peo- ‘‘(i) 100 percent of the amount the local shall be eligible to receive funds under this ple, to participate in our democratic educational agency received for fiscal year subtitle for programs carried out in such Republic. 2001 under sections 1124 and 1124A, respec- school if— I fear that generations of Americans tively; or ‘‘(i) the school meets the requirements of are growing up not being taught the ‘‘(ii) 100 percent of the amount calculated subparagraph (C); for the local educational agency for the fis- ‘‘(ii) any local educational agency serving fundamentals of our society, our Gov- cal year under sections 1124 and 1124A, re- a school that the homeless children and ernment, and our free-market system spectively, determined without applying the youth enrolled in the separate school are eli- that we were taught, and I think fairly hold harmless provisions of this subpara- gible to attend meets the requirements of well. graph. subparagraph (E); and If we go a couple generations without ‘‘(C) APPLICABILITY.—Notwithstanding any ‘‘(iii) the State is otherwise eligible to re- teaching our children accurately and other provision of law, the Secretary shall ceive funds under this subtitle. adequately in subjects from math and not take into consideration the hold harm- ‘‘(C) SCHOOL REQUIREMENTS.—For the State reading to history to government to ec- less provisions of this subsection for any fis- to be eligible to receive the funds, the school cal year for purposes of calculating State or shall— onomics and all the other subjects that local allocations for the fiscal year under ‘‘(i) provide written notice, at the time any students in this complex world have to any program administered by the Secretary child or youth seeks enrollment in such master, then we are not going to other than a program authorized under this school, and at least twice annually while the progress as a nation and be the leading part. child or youth is enrolled in such school, to

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6280 CONGRESSIONAL RECORD — SENATE June 14, 2001 the parent or guardian of the child or youth ‘‘(I) in accordance with subparagraph (C)(i) ‘‘SEC. 6302. COMMERCIALIZATION POLICIES AND (or, in the case of an unaccompanied youth, for each child or youth enrolled in a separate PRIVACY FOR STUDENTS. the youth) that— school described in subparagraph (B); and ‘‘(a) PROHIBITION.—Except as provided in ‘‘(I) shall be signed by the parent or guard- ‘‘(II) in accordance with subsection subsection (b), no State educational agency ian (or, in the case of an unaccompanied (g)(1)(H)(ii); or local educational agency that is a recipi- youth, the youth); ‘‘(iii) prohibit schools within the agency’s ent of funds under this Act may— ‘‘(II) reviews the general rights provided jurisdiction from referring homeless children ‘‘(1) disclose data or information the agen- under this subtitle; and or youth to, or requiring homeless children cy gathered from a student to a person or en- ‘‘(III) specifically states— and youth to enroll in or attend, a separate tity that seeks disclosure of the data or in- ‘‘(aa) the choice of schools homeless chil- school described in subparagraph (B); formation for the purpose of benefiting the dren and youth are eligible to attend, as pro- ‘‘(iv) identify and remove any barriers that person or entity’s commercial interests; or vided in subsection (g)(3)(A); exist in schools within the agency’s jurisdic- ‘‘(2) permit a person or entity to gather ‘‘(bb) that no homeless child or youth is re- tion that may have contributed to the cre- from a student, or assist a person or entity quired to attend a separate school for home- ation or existence of separate schools de- in gathering from a student, data or infor- less children or youth; scribed in subparagraph (B); and mation, if the purpose of gathering the data or information is to benefit the commercial ‘‘(cc) that homeless children and youth ‘‘(v) not use funds received under this sub- interests of the person or entity. shall be provided comparable services de- title to establish— ‘‘(b) PARENTAL CONSENT.— scribed in subsection (g)(4), including trans- ‘‘(I) new or additional separate schools for portation services, educational services, and ‘‘(1) DISCLOSURE.—A State educational homeless children or youth, other than agency or local educational agency that is a meals through school meals programs; schools described in subparagraph (B); or ‘‘(dd) that homeless children and youth recipient of funds under this Act may dis- ‘‘(II) new or additional sites for separate close data or information under subsection should not be stigmatized by school per- schools for homeless children or youth, other sonnel; and (a)(1) if the agency, prior to the disclosure— than the sites occupied by the schools de- ‘‘(A) explains to the student’s parent, in ‘‘(ee) contact information for the local liai- scribed in subparagraph (B) in fiscal year son for homeless children and youth and writing, what data or information will be 2000. disclosed, to which person or entity the data State Coordinator for Education of Homeless ‘‘(F) REPORT.— Children and Youth; or information will be disclosed, the amount ‘‘(i) PREPARATION.— of class time, if any, that will be consumed ‘‘(ii)(aa) provide assistance to the parent or ‘‘(I) IN GENERAL.—The Secretary shall pre- guardian of each homeless child or youth (or, by the disclosure, and how the person or en- pare a report on the separate schools and tity will use the data or information; and in the case of an unaccompanied youth, the local educational agencies described in sub- youth) to exercise the right to attend the ‘‘(B) obtains the parent’s written permis- paragraph (B) that receive funds under this sion for the disclosure. parent’s or guardian’s (or youth’s) choice of subtitle in accordance with this paragraph. schools, as provided in subsection (g)(3)(A); ‘‘(2) GATHERING.—A State educational ‘‘(II) CONTENTS.—The report shall contain, agency or local educational agency that is a and at a minimum, information on— ‘‘(bb) coordinate with the local educational recipient of funds under this Act may permit ‘‘(aa) compliance with all requirements of or assist a person or entity with the gath- agency with jurisdiction for the school se- this paragraph; lected by the parent or guardian (or youth), ering of data or information under sub- ‘‘(bb) barriers to school access in the to provide transportation and other nec- section (a)(2) if the agency, prior to the gath- school districts served by the local edu- essary services; ering— cational agencies; and ‘‘(iii) ensure that the parent or guardian ‘‘(A) explains to the student’s parent, in ‘‘(cc) the progress the separate schools are (or youth) shall receive the information re- writing, what data or information will be making in integrating homeless children and quired by this subparagraph in a manner and gathered including whether any of the infor- youth into the mainstream school environ- form understandable to such parent or mation is personally identifiable, which per- ment, including the average length of stu- guardian (or youth), including, if necessary son or entity will gather the data or infor- dent enrollment in such schools. and to the extent feasible, in the native lan- mation, the amount of class time if any, that ‘‘(ii) COMPLIANCE WITH INFORMATION RE- guage of such parent or guardian (or youth); will be consumed by the gathering, and how and QUESTS.—For purposes of enabling the Sec- the person or entity will use the data or in- ‘‘(iv) demonstrate in the school’s applica- retary to prepare the report, the separate formation; and tion for funds under this subtitle that such schools and local educational agencies shall ‘‘(B) obtains the parent’s written permis- school— cooperate with the Secretary and the State sion for the gathering. ‘‘(I) is complying with clauses (i) and (ii); Coordinators for the Education of Homeless ‘‘(c) DEFINITIONS.—In this part: and Children and Youth, and shall comply with ‘‘(1) STUDENT.—The term ‘student’ means a ‘‘(II) is meeting (as of the date of submis- any requests for information by the Sec- student under the age of 18. sion of the application) the same Federal and retary and State Coordinators. ‘‘(2) COMMERCIAL INTEREST.—The term State standards, regulations, and mandates ‘‘(iii) SUBMISSION.—Not later than 2 years ‘commercial interest’ does not include the as other public schools in the State (such as after the date of enactment of the Better interest of a person or entity in developing, complying with sections 1111 and 1116 of the Education for Students and Teachers Act, evaluating, or providing educational prod- Elementary and Secondary Education Act of the Secretary shall submit the report de- ucts or services for or to students or edu- 1965 and providing a full range of education scribed in clause (i) to— cational institutions, such as— and related services, including services ap- ‘‘(I) the President; ‘‘(A) college and other post-secondary edu- plicable to students with disabilities). ‘‘(II) the Committee on Education and the cation recruiting; ‘‘(D) SCHOOL INELIGIBILITY.—A separate Workforce of the House of Representatives; ‘‘(B) book clubs and other programs pro- school described in subparagraph (B) that and viding access to low cost books or other re- fails to meet the standards, regulations, and ‘‘(III) the Committee on Health, Education, lated literary products; mandates described in subparagraph Labor, and Pensions of the Senate. ‘‘(C) curriculum and instructional mate- (C)(iv)(II) shall not be eligible to receive ‘‘(G) DEFINITION.—In this paragraph, the rials used by elementary and secondary funds under this subtitle for programs car- term ‘covered county’ means— schools to teach if— ried out in such school after the first date of ‘‘(i) San Joaquin County, CA; ‘‘(i) the information is not used to sell or such failure. ‘‘(ii) Orange County, CA; advertise another product; ‘‘(E) LOCAL EDUCATIONAL AGENCY REQUIRE- ‘‘(iii) San Diego County, CA; and ‘‘(ii) the information is not used to develop MENTS.—For the State to be eligible to re- ‘‘(iv) Maricopa County, AZ.’’ another product that is not covered by the ceive the funds described in subparagraph exemption from commercial interest in this (B), the local educational agency described AMENDMENT NO. 457, AS MODIFIED paragraph; and in subparagraph (B) shall— (Purpose: To increase parental involvement ‘‘(iii) the curriculum and instructional ma- ‘‘(i) implement a coordinated system for and protect student privacy) terials are used in accordance with applica- ensuring that homeless children and youth— On page 778, after line 21, add the fol- ble Federal, State, and local policies, if any; ‘‘(I) are advised of the choice of schools lowing: and provided in subsection (g)(3)(A); ‘‘(D) the development and administration ‘‘(II) are immediately enrolled in the ‘‘PART C—INCREASING PARENTAL IN- of tests and assessments used by elementary school selected in accordance with sub- VOLVEMENT AND PROTECTING STU- and secondary schools to provide cognitive, section (g)(3)(C); and DENT PRIVACY evaluative, diagnostic, clinical, aptitude, or ‘‘(III) are provided necessary services, in- ‘‘SEC. 6301. INTENT. achievement information about students (or cluding transportation, promptly to allow ‘‘It is the purpose of this part to provide to generate other statistically useful data homeless children and youth to exercise parents with notice of and opportunity to for the purpose of securing such tests and as- their choices of schools in accordance with make informed decisions regarding the col- sessments) and the subsequent analysis and subsection (g)(4); lection of information for commercial pur- public release of aggregate data if— ‘‘(ii) document that written notice has poses occurring in their children’s class- ‘‘(i) the information is not used to sell or been provided— rooms. advertise another product;

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‘‘(ii) the information is not used to develop (3) Curriculum and instructional materials AMENDMENT NO. 585, AS MODIFIED another product that is not covered by the used by elementary and secondary schools to (Purpose: To improve the Early Reading exemption from commercial interest in this teach. First Program) paragraph; and (4) The development and administration of On page 207, strike line 8 and all that fol- ‘‘(iii) the tests are conducted in accordance tests and assessments used by elementary lows through page 212, line 15, and insert the with applicable Federal, State, and local and secondary schools to provide cognitive, following: policies, if any. evaluative, diagnostic, clinical, aptitude, or ‘‘Subpart 3—Early Reading First ‘‘(d) LOCALLY DEVELOPED EXCEPTIONS.—A achievement information about students (or local educational agency, in consultation to generate other statistically useful data ‘‘SEC. 1241. PURPOSES. with parents, may develop appropriate ex- for the purpose of securing such tests and as- ‘‘The purposes of this subpart are as fol- ceptions to the consent requirements con- sessments) and the subsequent analysis and lows: tained in this part if— public release of aggregate data. ‘‘(1) To support local efforts to enhance the ‘‘(1) the information to be collected is not (5) The sale by students of products or early language, literacy, and prereading de- personally identifiable; services to raise funds for school- or edu- velopment of preschool age children, particu- ‘‘(2) the local educational agency provides cation-related activities. larly those from low-income families, written notice to all parents of its policy re- (6) Student recognition programs. through strategies and professional develop- garding data or information collection ac- (d) INFORMATION ACTIVITIES BY THE SEC- ment that are based on scientifically based tivities for commercial purposes; and RETARY.—Once each year, the Secretary research. ‘‘(3) with respect to any particular data or shall inform each State educational agency ‘‘(2) To provide preschool age children with information gathering or disclosure, the and each local educational agency of the cognitive learning opportunities in high- agency provides written notice to all parents educational agency’s obligations under sec- quality language and literature-rich environ- of— tion 438 of the General Education Provisions ments, so that the children can attain the ‘‘(A) the data or information to be col- Act (added by the Family Educational fundamental knowledge and skills necessary lected; Rights and Privacy Act of 1974; 20 U.S.C. for optimal reading development in kinder- ‘‘(B) the person or entity to whom the data 1232g) and the Children’s Online Privacy Pro- garten and beyond. or information will be disclosed; tection Act of 1998 (15 U.S.C. 6501 et seq.). ‘‘(3) To demonstrate language and literacy ‘‘(C) the amount of class time, if any, that (e) FUNDING.—A State educational agency activities based on scientifically based re- will be consumed by the collection activi- or local educational agency may use funds search that support the age-appropriate de- ties; and provided under subpart 4 of Part B of title V velopment of— ‘‘(D) the manner in which the person or en- of the Elementary and Secondary Education ‘‘(A) spoken language and oral comprehen- tity will use the data or information. Act of 1965 to enhance parental involvement sion abilities; ‘‘(e) FUNDING.—A State educational agency in areas affecting children’s in-school pri- ‘‘(B) understanding that spoken language or local educational agency may use funds vacy. can be analyzed into discrete words, and provided under subpart 4 of part B of title V (f) DEFINITIONS.—In this section, the terms awareness that words can be broken into se- to enhance parental involvement in areas af- ‘‘elementary school’’, ‘‘local educational quences of syllables and phonemes; fecting children’s in-school privacy. agency’’, ‘‘secondary school’’, ‘‘Secretary’’, ‘‘(C) automatic recognition of letters of the ‘‘(f) TECHNICAL ASSISTANCE.—Upon the re- and ‘‘State educational agency’’ have the alphabet and understanding that letters or quest of a State educational agency or local meanings given those terms in section 3 of groups of letters systematically represent educational agency, the Secretary shall pro- the Elementary and Secondary Education the component sounds of the language; and vide technical assistance to such an agency Act of 1965. ‘‘(D) knowledge of the purposes and con- concerning compliance with this part. ventions of print. AMENDMENT NO. 432, AS MODIFIED ‘‘(g) ENFORCEMENT.—The Secretary shall ‘‘(4) To integrate these learning opportuni- take appropriate actions to enforce, and ad- (Purpose: To broaden local applications, and ties with learning opportunities at dress violations of, this section, in accord- for other purposes) preschools, child care agencies, and Head ance with this chapter. On page 324, between lines 10 and 11, insert Start agencies, and with family literacy ‘‘(h) OFFICE, FUNCTIONS.—The Secretary the following: services. shall designate an office to enforce this sec- ‘‘(11) A description of how the local edu- ‘‘SEC. 1242. LOCAL EARLY READING FIRST tion and to provide technical assistance. cational agency will provide training to en- GRANTS. ‘‘(i) RULE OF CONSTRUCTION.—Nothing in able teachers to— ‘‘(a) PROGRAM AUTHORIZED.—From this section shall be construed to supersede ‘‘(A) address the needs of students with dis- amounts appropriated under section the Family Educational Rights and Privacy abilities, students with limited English pro- 1002(b)(3), the Secretary shall award grants, Act (20 U.S.C. 1232g).’’. ficiency, and other students with special on a competitive basis, for periods of not needs; more than 5 years, to eligible applicants to AMENDMENT NO. 582, AS MODIFIED ‘‘(B) involve parents in their child’s edu- enable the eligible applicants to carry out the authorized activities described in sub- (Purpose: To protect student privacy) cation; and ‘‘(C) understand and use data and assess- section (e). On page 778, after line 21, add the fol- ments to improve classroom practice and ‘‘(b) DEFINITION OF ELIGIBLE APPLICANT.— lowing: student learning. In this subpart the term ‘eligible applicant’ SEC. ll. GUIDELINES FOR STUDENT PRIVACY. On page 326, line 2, strike ‘‘and’’. means— (a) DEVELOPMENT OF STUDENT PRIVACY On page 326, line 7, strike the period and ‘‘(1) one or more local educational agencies GUIDELINES.—A State or local educational insert ‘‘; and’’. that are eligible to receive a subgrant under agency that receives funds under this Act On page 326, between lines 7 and 8, insert subpart 2; shall develop and adopt guidelines regarding the following: ‘‘(2) one or more public or private organiza- arrangements to protect student privacy ‘‘(D) effective instructional practices that tions or agencies, acting on behalf of 1 or that are entered into by the agency with involve collaborative groups of teachers and more programs that serve preschool age chil- public and private entities that are not administrators, using such strategies as— dren (such as a program at a Head Start cen- schools. ‘‘(i) provision of dedicated time for collabo- ter, a child care program, or a family lit- (b) NOTIFICATION OF PARENTS OF PRIVACY rative lesson planning and curriculum devel- eracy program), which organizations or GUIDELINES.—The guidelines developed by an opment meetings; agencies shall be located in a community educational agency under subsection (a) ‘‘(ii) consultation with exemplary teach- served by a local educational agency de- shall provide for a reasonable notice of the ers; scribed in paragraph (1); or adoption of such guidelines to be given, by ‘‘(iii) team teaching, peer observation, and ‘‘(3) one or more local educational agencies the agency or a school under the agency’s su- coaching; described in paragraph (1) in collaboration pervision, to the parents and guardians of ‘‘(iv) provision of short-term and long-term with one or more organizations or agencies students under the jurisdiction of such agen- visits to classrooms and schools; described in paragraph (2). cy or school. Such notice shall be provided at ‘‘(v) establishment and maintenance of ‘‘(c) APPLICATIONS.—An eligible applicant least annually and within a reasonable pe- local professional development networks that desires to receive a grant under this riod of time after any change in such guide- that provide a forum for interaction among section shall submit an application to the lines. teachers and administrators about content Secretary which shall include a description (c) EXCEPTIONS.—This section shall not knowledge and teaching and leadership of— apply to the development, evaluation, or pro- skills; and ‘‘(1) the programs to be served by the provision of educational products or services for ‘‘(vi) the provision of release time as need- posed project, including demographic and so- or to students or educational institutions, ed for the activities; cioeconomic information on the preschool such as the following: ‘‘(E) teacher advancement initiatives that age children enrolled in the programs; (1) College or other post-secondary edu- promote professional growth and emphasize ‘‘(2) how the proposed project will prepare cation recruitment or military recruitment. multiple career paths (such as career teach- and provide ongoing assistance to staff in (2) Book clubs, magazines, and programs er, mentor teacher, and master teacher ca- the programs, through professional develop- providing access to other literary products. reer paths) and pay differentiation.’’ ment and other support, to provide high-

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6282 CONGRESSIONAL RECORD — SENATE June 14, 2001 quality language, literacy and prereading ac- ranges of award amounts, for grants under ‘‘(II) beginning with the 2nd year for which tivities using scientifically based research, this subpart. data are available for all States, on State as- for preschool age children; ‘‘SEC. 1243. FEDERAL ADMINISTRATION. sessments under the National Assessment of ‘‘(3) how the proposed project will provide ‘‘The Secretary shall consult with the Sec- Educational Progress of 4th and 8th grade services and utilize materials that are based retary of Health and Human Services in reading and mathematics skills; on scientifically based research on early lan- order to coordinate the activities under- ‘‘(ii) the progress of all students in the guage acquisition, prereading activities, and taken under this subpart with preschool age State towards the goal of all students reach- the development of spoken language skills; programs administered by the Department of ing the proficient level of performance, and ‘‘(4) how the proposed project will help Health and Human Services. (beginning with the 2nd year for which data staff in the programs to meet the diverse ‘‘SEC. 1244. INFORMATION DISSEMINATION. are available for all States) the progress of needs of preschool age children in the com- ‘‘From the funds the National Institute for all students on the assessments described in munity better, including such children with Literacy receives under section 1227, the Na- clause (i)(II); limited English proficiency, disabilities, or tional Institute for Literacy, in consultation ‘‘(iii) the progress of the State in improv- other special needs; with the Secretary, shall disseminate infor- ing the English proficiency of students who ‘‘(5) how the proposed project will help pre- mation regarding projects assisted under enter school with limited English pro- school age children, particularly such chil- this subpart that have proven effective. ficiency; dren experiencing difficulty with spoken lan- ‘‘SEC. 1245. REPORTING REQUIREMENTS. ‘‘(iv) the progress of the State in increas- guage, prereading, and literacy skills, to ‘‘Each eligible applicant receiving a grant ing the percentage of students who graduate make the transition from preschool to for- under this subpart shall report annually to from secondary school; and mal classroom instruction in school; the Secretary regarding the eligible appli- ‘‘(v) the progress of the State in increasing ‘‘(6) if the eligible applicant has received a cant’s progress in addressing the purposes of the percentage of students who take ad- subgrant under subpart 2, how the activities this subpart. Such report shall include, at a vanced coursework, such as advanced place- conducted under this subpart will be coordi- minimum, a description of— ment and international baccalaureate nated with the eligible applicant’s activities ‘‘(1) the activities, materials, tools, and courses, and who pass advanced placement under subpart 2 at the kindergarten through measures used by the eligible applicant; and international baccalaureate tests. third-grade level; ‘‘(2) the professional development activi- ‘‘(B) WEIGHT.—In applying the criteria de- ‘‘(7) how the proposed project will evaluate ties offered to the staff of the eligible appli- scribed in subparagraph (A), the Secretary the success of the activities supported under cant who serve preschool age children and shall give the greatest weight to the cri- this subpart in enhancing the early lan- the amount of such professional develop- terion described in subparagraph (A)(i). ‘‘(b) ASSESSMENT COMPLETION BONUSES.— guage, literacy, and prereading development ment; The Secretary may make 1-time bonus pay- of preschool age children served by the ‘‘(3) the types of programs and ages of chil- ments to States that complete the develop- project; and dren served; and ‘‘(8) such other information as the Sec- ment of assessments required by section 1111 ‘‘(4) the results of the evaluation described in advance of the schedule specified in such retary may require. in section 1242(c)(7). ‘‘(d) APPROVAL OF APPLICATIONS.—The Sec- section. retary shall select applicants for funding ‘‘SEC. 1246. EVALUATIONS. ‘‘(c) NO CHILD LEFT BEHIND AWARDS.—The ‘‘From the total amount appropriated under this subpart on the basis of the quality Secretary may make awards, to be known as of the applications, in consultation with the under section 1002(b)(3) for the period begin- ‘No Child Left Behind Awards’ to the schools National Institute for Child Health and ning October 1, 2002 and ending September that— Human Development, the National Institute 30, 2008, the Secretary shall reserve not more ‘‘(1) are nominated by the States in which for Literacy, and the National Academy of than $5,000,000 to conduct an independent the schools are located; and Sciences. The Secretary shall select applica- evaluation of the effectiveness of this sub- ‘‘(2) have made the greatest progress in im- tions for approval under this subpart on the part. proving the educational achievement of eco- basis of a peer review process. ‘‘SEC. 1247. ADDITIONAL RESEARCH. nomically disadvantaged students. ‘‘(e) AUTHORIZED ACTIVITIES.— An eligible ‘‘From the amount appropriated under sec- ‘‘(d) FUND TO IMPROVE EDUCATION ACHIEVE- applicant that receives a grant under this tion 1002(b)(3) for each of the fiscal years 2002 MENT.—The Secretary may make awards for subpart shall use the funds provided under through 2006, the Secretary shall reserve not activities other than the activities described the grant to carry out the following activi- more than $3,000,000 to conduct, in consulta- in subsections (a) through (c), such as char- ties: tion with National Institute for Child Health acter education, that are designed to pro- ‘‘(A) Providing preschool age children with and Human Development, the National Insti- mote the improvement of elementary and high-quality oral language and literature- tute for Literacy, and the Department of secondary education nationally. rich environments in which to acquire lan- Health and Human Services, additional re- ‘‘SEC. 6202. LOSS OF ADMINISTRATIVE FUNDS. guage and prereading skills. search on language and literacy development ‘‘(a) 2 YEARS OF INSUFFICIENT PROGRESS.— ‘‘(B) Providing professional development for preschool age children.’’. ‘‘(1) REDUCTION.—If the Secretary makes that is based on scientifically based research the determinations described in paragraph knowledge of early language and reading de- AMENDMENT NO. 586 (2) for 2 consecutive years, the Secretary velopment for the staff of the eligible appli- (Purpose: To improve the Pupil Safety and shall reduce, by not more than 30 percent, cant and that will assist in developing the Family School Choice Program) the amount of funds that the State may re- preschool age children’s— On page 83, strike lines 3 through 9. serve for the subsequent fiscal year for State ‘‘(i) spoken language (including vocabu- administration under the programs author- lary, the contextual use of speech, and syn- AMENDMENT NO. 587, AS MODIFIED ized by this Act that the Secretary deter- tax) and oral comprehension abilities; (Purpose: To refine the Improving Academic mines are formula grant programs. ‘‘(ii) understanding that spoken language Achievement Program) ‘‘(2) DETERMINATIONS.—The determinations can be analyzed into discrete words, and referred to in paragraph (1) are determina- On page 774 strike line 1 and all that fol- awareness that words can be broken into se- tions, made primarily on the basis of data lows through page 778, line 21, and insert the quences of syllables and phonemes; from the State assessment system described following: ‘‘(iii) automatic recognition of letters of in section 1111 and data from State assess- the alphabet and understanding that letters ‘‘PART B—IMPROVING ACADEMIC ments under the National Assessment of or groups of letters systematically represent ACHIEVEMENT Educational Progress of 4th and 8th grade the component sounds of the language; and ‘‘SEC. 6201. EDUCATION AWARDS. reading and mathematics skills, that— ‘‘(iv) knowledge of the purposes and con- ‘‘(a) ACHIEVEMENT IN EDUCATION AWARDS.— ‘‘(A) the State has failed to make adequate ventions of print. ‘‘(1) IN GENERAL.—The Secretary may make yearly progress as defined under section ‘‘(C) Identifying and providing activities awards, to be known as ‘Achievement in 1111(b)(2) (B) and (D) for all students and for and instructional materials that are based Education Awards’, using a peer review proc- each of the categories of students described on scientifically based research for use in de- ess, to the States that, beginning with the in section 1111(b)(2)(B)(v)(II); veloping the skills and abilities described in 2002–2003 school year, make the most ‘‘(B) beginning with the 2nd year for which subparagraph (B). progress in improving educational achieve- data are available on State assessments ‘‘(D) Acquiring, providing training for, and ment. under the National Assessment of Edu- implementing screening tools or other ap- ‘‘(2) CRITERIA.— cational Progress of 4th and 8th grade read- propriate measures that are based on sci- ‘‘(A) IN GENERAL.—The Secretary shall ing and mathematics, the State has failed to entifically based research to determine make the awards on the basis of criteria con- demonstrate an increase in the achievement whether preschool age children are devel- sisting of— of each of the categories of students de- oping the skills described in this subsection. ‘‘(i) the progress of each of the categories scribed in section 1111(b)(2)(B)(v)(II); and ‘‘(E) Integrating such instructional mate- of students described in section ‘‘(C) the State has failed to meet its annual rials, activities, tools, and measures into the 1111(b)(2)(B)(v)(II)— measurable performance objectives, for help- programs offered by the eligible applicant. ‘‘(I) towards the goal of all such students ing limited English proficient students de- ‘‘(f) AWARD AMOUNTS.—The Secretary may reaching the proficient level of performance; velop proficiency in English, that are re- establish a maximum award amount, or and quired to be developed under section 3329.

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‘‘(b) 3 OR MORE YEARS OF INSUFFICIENT AMENDMENT NO. 588 On page 98, line 25, strike ‘‘(D)’’ and insert PROGRESS.—If the Secretary makes the de- (Purpose: To amend the local educational ‘‘(C)’’. terminations described in subsection (a)(2) plan under section 1112(c) of the Elemen- On page 99, line 6, insert ‘‘(i)’’ after ‘‘(B)’’. for a third or subsequent consecutive year, tary and Secondary Education Act of 1965 On page 99, line 12, strike ‘‘(i)’’ and insert the Secretary shall reduce, by not more than regarding models of high quality, effective ‘‘(I)’’. 75 percent, the amount of funds that the curriculum) On page 99, line 14, strike ‘‘(ii)’’ and insert State may reserve for the subsequent fiscal ‘‘(II)’’. On page 74, strike line 24, and insert the year for State administration under the pro- On page 99, line 16, strike ‘‘(iii)’’ and insert following: grams authorized by this Act that the Sec- ‘‘(III)’’. retary determines are formula grant pro- ‘‘parents and teachers; and On page 99, line 19, strike ‘‘(iv)’’ and insert grams. ‘‘(14) make available to each school served ‘‘(IV)’’. by the agency and assisted under this part ‘‘SEC. 6203. GRANTS FOR STATE ASSESSMENTS On page 99, line 21, strike ‘‘(v)’’ and insert AND RELATED ACTIVITIES. models of high quality, effective curriculum ‘‘(V)’’. that are aligned with the State’s standards ‘‘(a) STATE GRANTS AUTHORIZED.—From On page 99, between lines 22 and 23, insert amounts appropriated under subsection (c) and developed or identified by the State.’’; the following: the Secretary shall award grants to States and ‘‘(ii) A rural local agency, as described in to enable the States to pay the costs of— section 5231(b), may apply to the Secretary ‘‘(1) developing assessments and standards AMENDMENT NO. 589 for a waiver of the requirements of this sub- required by amendments made to this Act by (Purpose: To improve section 1116 of the Ele- paragraph if the agency submits to the Sec- the Better Education for Students and mentary and Secondary Education Act of retary an alternative plan for making sig- Teachers Act; 1965 regarding assessment and local edu- nificant changes to improve student per- ‘‘(2) working in voluntary partnerships cational agency and school improvement) formance in the school, such as providing an academically focused after school program with other States to develop such assess- On page 83, line 25, strike ‘‘section for all students, changing school administra- ments and standards; and 1111(b)(2)(B)’’ and insert ‘‘sections 1111(b)(2) tion, or implementing a research based, ‘‘(3) other activities described in this part (B) and (D)’’. proven effective, whole school reform pro- or related to ensuring accountability for re- On page 84, line 4, insert ‘‘, principals, gram. The Secretary shall approve or reject sults in the State’s public elementary teachers, and other staff in an an application for a waiver under this sub- schools or secondary schools, and local edu- instructionally useful manner’’ after paragraph not later than 30 days after the cational agencies, such as— ‘‘schools’’. submission of information required by the ‘‘(A) developing content and performance On page 84, line 25, strike ‘‘section Secretary to apply for the waiver. If the Sec- standards, and aligned assessments, in sub- 1111(b)(2)(B)’’ and insert ‘‘sections 1111(b)(2) retary fails to make a determination with jects other than those assessments that were (B) and (D)’’. respect to the waiver application within such required by amendments made to section On page 88, line 6, strike ‘‘meet’’ and insert 30 days, the application shall be considered 1111 by the Better Education for Students ‘‘make continuous and significant progress approved by the Secretary. and Teachers Act; and towards meeting the goal of all students On page 100, line 6, strike ‘‘(D)’’ and insert ‘‘(B) administering the assessments re- reaching’’. ‘‘(C)’’. quired by amendments made to section 1111 On page 90, line 5, insert ‘‘(including prob- On page 100, line 23, strike ‘‘(A)’’. by the Better Education for Students and lems, if any, in implementing the parental Teachers Act. On page 101, strike lines 5 though 20. involvement requirements described in sec- On page 102, lines 15 and 16, strike ‘‘(7)(C) ‘‘(b) ALLOCATIONS TO STATES.— tion 1118, the professional development re- and subject to paragraph (7)(D)’’ and insert ‘‘(1) IN GENERAL.—From the amount appro- quirements described in section 1119, and the ‘‘(5)’’. priated to carry out this section for any fis- responsibilities of the school and local edu- On page 102, line 21, strike ‘‘, and that’’ cal year, the Secretary first shall allocate cational agency under the school plan)’’ and all that follows through $3,000,000 to each State. after ‘‘problems’’. ‘‘1111(b)(2)(B)(v)(II),’’ on page 102, line 25. ‘‘(2) REMAINDER.—The Secretary shall allo- On page 91, line 15, strike ‘‘section On page 103, line 1, strike ‘‘(D)’’ and insert cate any remaining funds among the States 1111(b)(2)(B)’’ and insert ‘‘sections 1111(b)(2) ‘‘(C)’’. on the basis of their respective numbers of (B) and (D)’’. On page 103, line 7, strike ‘‘, and that’’ and children enrolled in grades 3 through 8 in On page 92, line 13, insert ‘‘and giving pri- all that follows through ‘‘disadvantaged stu- public elementary schools and secondary ority to the lowest achieving students’’ after dents,’’ on page 103, line 10. schools. ‘‘basis’’. On page 103, line 20, strike ‘‘(D)’’ and insert ‘‘(3) DEFINITION OF STATE.—For the purpose On page 95, line 9, strike ‘‘section ‘‘(C)’’. of this subsection, the term ‘State’ means 1111(b)(2)(B)’’ and insert ‘‘sections 1111(b)(2) On page 104, line 22, strike ‘‘section each of the 50 States, the District of Colum- (B) and (D)’’. 1111(b)(2)(B)’’ and insert ‘‘sections 1111(b)(2) bia, and the Commonwealth of Puerto Rico. On page 95, beginning with line 13, strike (B) and (D)’’. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— all through page 96, line 6, and insert the fol- On page 105, line 13, strike ‘‘section For the purposes of carrying out this sec- lowing: 1111(b)(2)(B)’’ and insert ‘‘sections 1111(b)(2) tion, there are authorized to be appropriated ‘‘(i)(I) provide all students enrolled in the (B) and (D)’’. $400,000,000 for fiscal year 2002, and such sums school with the option to transfer to another On page 105, lines 20 and 21, strike ‘‘section as may be necessary for each of the suc- public school within the local educational 1111(b)(2)(B)’’ and insert ‘‘sections 1111(b)(2) ceeding 6 fiscal years. agency, including a public charter school, (B) and (D)’’. ‘‘SEC. 6204. AUTHORIZATION OF APPROPRIA- that has not been identified for school im- On page 106, between lines 13 and 14, insert TIONS. provement under paragraph (1); and the following: ‘‘(a) NATIONAL ASSESSMENT OF EDU- ‘‘(II) if all public schools in the local edu- ‘‘(C) Not later than 30 days after a State CATIONAL PROGRESS.—For the purpose of ad- cational agency to which children may educational agency makes an initial deter- ministering the State assessments under the transfer are identified under paragraph (1) or mination under subparagraph (A), the State National Assessment of Educational this paragraph, the agency shall, to the ex- educational agency shall make public a final Progress, there are authorized to be appro- tent practicable, establish a cooperative determination regarding the improvement priated $110,000,000 for fiscal year 2002, and agreement with other local educational status of the local educational agency. such sums as may be necessary for each of agencies in the area for the transfer of as On page 106, lines 22 and 23, strike ‘‘meet the 6 succeeding fiscal years. many of those children as possible, selected proficient levels’’ and insert ‘‘make contin- ‘‘(b) EDUCATION AWARDS.—For the purpose by the agency on an equitable basis; uous and significant progress towards meet- of carrying out section 6201, there are au- ‘‘(ii) make supplemental educational serving the goal of all students reaching the pro- thorized to be appropriated $50,000,000 for fis- ices available, in accordance with subsection ficient level’’. cal year 2002, and such sums as may be nec- (f), to children who remain in the school; On page 109, line 15, strike ‘‘(C)’’ and insert essary for each of the 6 succeeding fiscal On page 96, line 7, strike ‘‘(ii)’’ and insert ‘‘(E)’’. years.’’. ‘‘(iii)’’. On page 112, line 16, strike ‘‘(A)’’. On page 458, strike lines 10 through 12, and On page 96, line 21, strike ‘‘(iii)’’ and insert On page 112, line 19, strike ‘‘(3)’’ and insert insert the following: ‘‘(iv)’’. ‘‘(6)’’. ‘‘(C)(i) who was not born in the United On page 96, strike line 23 and all that fol- On page 112, strike line 23 and all that fol- States or whose native language is a lan- lows through page 97, line 23. lows through page 113, line 2. guage other than English, and who comes On page 97, line 24, strike ‘‘(E)’’ and insert On page 113, line 14, strike ‘‘(D)’’ and insert from an environment where a language other ‘‘(D)’’. ‘‘(C)’’. than English is dominant; On page 98, line 7, strike ‘‘(F)’’ and insert On page 115, line 14, strike ‘‘(D)’’ and insert On page 486, strike lines 10 and 11, and in- ‘‘(E)’’. ‘‘(C)’’. sert the following: On page 98, line 16, strike ‘‘and fails’’ and At the appropriate place insert: ‘‘(1) parts A, C, E (other than section 3405), all that follows through ‘‘this paragraph’’ on The current section 1501, U.S. Code, is de- and F shall not be in effect; and’’. page 98, line 20. leted and replaced with the following:

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NATIONAL ASSESSMENT OF TITLE I (K) used State and local educational agen- or other requirements needed to become (a) NATIONAL ASSESSMENT.—The Secretary cy funds and resources to support schools highly qualified as defined in section shall conduct a national assessment of the and provide technical assistance to turn 2102(4).’’; impact of the policies enacted into law under around failing schools; and, On page 130, line 5, strike the period and title I of the Better Education for Students (L) used State and local educational agen- insert ‘‘; and ’’. and Teachers Act on States, local edu- cy funds and resources to help schools with On page 130, between lines 5 and 6, insert cational agencies, schools, and students. 50 percent or more students living in families the following: (1) Such assessment shall be planned, re- below the poverty line meet the requirement (3) by adding at the end the following: viewed, and conducted in consultation with of having all teachers fully qualified in four ‘‘(j) REQUIREMENT.—Each local educational an independent panel of researchers, State years. agency that receives funds under this part practitioners, local practitioners, and other (b) STUDENT ACHIEVEMENT.—As part of the and serves a school in which 50 percent or appropriate individuals. national assessment, the Secretary shall more of the children are from low income (2) The assessment shall examine, at a evaluate the effectiveness of the programs families shall use not less than 5 percent of minimum, how schools, local educational and services carried out under this title, es- the funds for each of fiscal years 2002 and fis- agencies, and States have— pecially Part A, in improving student cal year 2003, and not less than 10 percent of (A) made progress towards the goal of all achievement. Such evaluation shall— the funds for each subsequent fiscal year, for students reaching the proficient level in at (1) provide information on what types of professional development activities to en- least reading and math based on a State’s programs and services are most likely to sure that teachers who are not highly quali- content and performance standards and the help students reach the States’ performance fied become highly qualified within 4 State assessments required under section standards for proficient and advanced; years.’’. 1111 and on the National Assessment of Edu- (2) examine the effectiveness of com- On page 127, line 23, insert ‘‘(1)’’ after cational Progress; prehensive school reform and improvement ‘‘(b)’’. (B) implemented scientifically-based read- strategies for raising student achievement; On page 127, line 24, strike ‘‘in paragraph ing instruction; (3) to the extent possible, have a longitu- (1),’’. (C) implemented the requirements for the dinal design that tracks a representative development of assessments for students in sample of students over time; and AMENDMENT NO. 592, AS MODIFIED grades 3–8 and administered such assess- (4) to the extent possible, report on the (Purpose: To provide a manager’s package of ments, including the time and cost required achievement of the groups of students de- for their development and how well they amendments) scribed in section 1111(b)(2)(B)(v)(II). On page 29, between lines 14 and 15, insert meet the requirements for assessments de- (c) DEVELOPMENTALLY APPROPRIATE MEAS- the following: scribed in this title; URES.—In conducting the national assess- (D) defined adequate yearly progress and ment, the Secretary shall use develop- ‘‘SEC. 16. PROHIBITION ON DISCRIMINATION. what has been the impact of applying this mentally appropriate measures to assess stu- ‘‘Nothing in this Act shall be construed to standard for adequacy to schools, local edu- dent performance. require, authorize, or permit, the Secretary, cational agencies, and the State in terms of (d) STUDIES AND DATA COLLECTION.—The or a State, local educational agency, or the numbers not meeting the standard and Secretary may conduct studies and evalua- school to grant to a student, or deny or im- the year to year changes in such identifica- tions and collect such data as is necessary to pose upon a student, any financial or edu- tion for individual schools and local edu- carry out this section either directly or cational benefit or burden, in violation of cational agencies; through grants and contracts to— the fifth or 14th amendments to the Con- (E) publicized and disseminated the local (1) assess the implementation and effec- stitution or other law relating to discrimina- educational agencies report cards to teach- tiveness of programs under this title; tion in the provision of federally funded pro- ers, school staff, students, and the commu- (2) collect the data necessary to comply grams or activities.’’. nity; with the Government Performance and Re- On page 36, lines 21 and 22, strike ‘‘served (F) implemented the school improvement sults Act of 1993. under this part’’. requirements described in section 1116, in- (e) REPORTING.—The Secretary shall pro- On page 36, strike line 24 and all that fol- cluding— vide to the relevant committees of the Sen- lows through page 37, line 2, and insert the (i) the number of schools identified for following: school improvement and how many years ate and House— (1) by December 30, 2004, an interim report guage arts, history, and science, except schools remain in this status; (ii) the types of support provided by the on the progress and any interim results of that— State and local educational agencies to the national assessment of title I; and ‘‘(i) any State which does not have stand- schools and local educational agencies iden- (2) by December 30, 2007, a final report of ards in mathematics or reading or language tified as in need of improvement and the im- the results of the assessment. arts, for public elementary school and sec- pact of such support on student achieve- ondary school children who are not served ment; AMENDMENT NO. 590 under this part, on the date of enactment of (iii) the number of parents who take ad- (Purpose: To amend the uses of funds under the Better Education for Students and vantage of the public school choice provi- the Local Innovative Education Programs) Teachers Act shall apply the standards de- sions of this title, the costs associated with On page 683, strike lines 12 and 13, and inscribed in subparagraph (A) to such students implementing these provisions, and the im- sert the following: not later than the beginning of the school pact of attending another school on student ‘‘(H) programs to improve the literacy year 2002–2003; and achievement; skills of adults, especially the parents of ‘‘(ii) no State shall be required to meet the (iv) the number of parents who choose to children served by the local educational requirements under this part take advantage of the supplemental services agency, including adult education and fam- On page 37, line 18, insert ‘‘and’’ after the option, the criteria used by the States to de- ily literacy programs; semicolon. termine the quality of providers, the kinds of On page 684, line 6, strike ‘‘and’’. On page 37, line 23, strike ‘‘; and’’ and in- services that are available and utilized, the On page 684, line 7, strike the period and sert a period. costs associated with implementing this op- insert a semicolon. On page 37, strike line 24 and all that fol- tion, and the impact of receiving supple- On page 684, between lines 7 and 8, insert lows through page 38, line 4. mental services on student achievement; and the following: On page 38, line 19, strike ‘‘subparagraph (v) the kinds of actions that are taken with ‘‘(O) programs that employ research-based (B)’’ and insert ‘‘subparagraphs (B) and (D)’’. regards to schools and local educational cognitive and perceptual development ap- On page 41, strike lines 6 through 8 and in- agencies identified for reconstitution. proaches and rely on a diagnostic-prescrip- sert the following: (G) used funds under this title to improve tive model to improve students’ learning of ‘‘(vii) includes school completion or grad- student achievement, including how schools academic content at the preschool, elemen- uation rates for secondary school students have provided either schoolwide improve- tary, and secondary levels; and and at least 1 other academic indicator, as ment or targeted assistance and provided ‘‘(P) supplemental educational services as determined by the State, for elementary professional development to school per- defined in section 1116(f)(6). school students, except that sonnel; On page 41, line 13, strike ‘‘discretionary’’. (H) used funds made available under this On page 44, lines 13 and 14, strike ‘‘cur- AMENDMENT NO. 591 title to provide preschool and family literacy riculum’’. services and the impact of these services on (Purpose: To amend section 1119 of the Ele- On page 45, line 2, strike ‘‘curriculum’’. students’ school readiness; mentary and Secondary Education Act of On page 46, strike line 20 and all that fol- (I) afforded parents meaningful opportuni- 1965 regarding professional development lows through page 47, line 2. ties to be involved in the education of their activities) On page 47, line 3, strike ‘‘(E)’’ and insert children at school and at home; On page 130, strike line 2, and insert the ‘‘(D)’’. (J) distributed resources, including the following: On page 47, between lines 6 and 7, insert state reservation of funds for school im- quality of professional development; and the following: provement, to target local educational agen- ‘‘(J) provide assistance to teachers for the ‘‘(E)(i) beginning not later than school cies and schools with the greatest need; purpose of meeting certification, licensing, year 2001–2002, measure the proficiency of

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6285 students served under this part in mathe- On page 52, strike lines 21 and 22 and insert screening assessment tools assist teachers in matics and reading or language arts and be the following: identifying specific reading deficiencies. administered not less than one time during— is applicable to such agency or school; ‘‘(7) A measurement of the extent to which ‘‘(I) grades 3 through 5; ‘‘(B) the specific steps the State edu- professional development programs imple- ‘‘(II) grades 6 through 9; and cational agency will take to ensure that mented by States using funds received under ‘‘(III) grades 10 through 12; both schoolwide programs and targeted as- this subpart improve reading instruction. ‘‘(ii) beginning not later than school year sistance schools provide instruction by high- ‘‘(8) A measurement of how well students 2002–2003, measure the proficiency of all stu- ly qualified instructional staff as required by preparing to enter the teaching profession dents in mathematics and reading or lan- sections 1114(b)(1)(C) and 1115(c)(1)(F), includ- are prepared to teach the essential compo- guage arts and be administered not less than ing steps that the State educational agency nents of reading instruction. one time during— will take to ensure that poor and minority ‘‘(9) An analysis of changes in students’ in- ‘‘(I) grades 3 through 5; children are not taught at higher rates than terest in reading and time spent reading out- ‘‘(II) grades 6 through 9; and other children by inexperienced, unqualified, side of school. ‘‘(III) grades 10 through 12; or out of field teachers, and the measures ‘‘(10) Any other analysis or measurement ‘‘(iii) beginning not later than school year that the State educational agency will use to pertinent to this subpart that is determined 2007–2008, measure the proficiency of all stu- evaluate and publicly report the progress of to be appropriate by the Secretary. dents in science and be administered not less the State educational agency with respect to ‘‘(d) PROGRAM IMPROVEMENT.—The findings than one time during— such steps; of the evaluation conducted under this sec- ‘‘(I) grades 3 through 5; ‘‘(C) how the State educational agency will tion shall be provided to States and local ‘‘(II) grades 6 through 9; and develop or identify high quality effective educational agencies on a periodic basis for ‘‘(III) grades 10 through 12; curriculum models aligned with State stand- use in program improvement. On page 47, line 8, strike ‘‘annual’’. ards and how the State educational agency On page 47, line 10, insert ‘‘annually’’ after will disseminate such models to each local AMENDMENT NO. 595 ‘‘standards’’. On page 47, line 11, insert ‘‘, and at least educational agency and school within the At the end of title IX, add the following: once in grades 10 through 12,’’ after ‘‘8’’. State; and SEC. . MAINTAINING FUNDING FOR THE INDI- On page 47, line 12, insert ‘‘if the tests are ‘‘(D) such other factors the State deems VIDUALS WITH DISABILITIES EDU- aligned with State standards,’’ after ‘‘arts,’’. On page 53, line 12, strike ‘‘(i)’’ and insert CATION ACT. On page 48, between lines 14 and 15, insert ‘‘(j)’’. Section 611 of the Individuals with Disabil- the following: On page 59, lines 16 and 17, strike ‘‘perform- ities Education Act is amended to add the ‘‘(G) at the discretion of the State, meas- ance standards,’’ and insert ‘‘performance following new subsection: ure the proficiency of students in academic standards, a set of high quality annual stu- ‘‘(k) CONTINUATION OF AUTHORIZATION.—For subjects not described in subparagraphs (E) dent assessments aligned to the standards,’’. fiscal year 2012 and each fiscal year there- On page 59, line 19, insert ‘‘and take such and (F) in which the State has adopted chal- after, there are authorized to be appro- other steps as are needed to assist the State lenging content and student performance priated such sums as may be necessary for in coming into compliance with this sec- standards; the purpose of carrying out his part, other On page 48, line 15, strike ‘‘(G)’’ and insert tion’’ after ‘‘1117’’. than section 619.’’. On page 68, line 24, strike ‘‘paraprofes- ‘‘(H)’’. sionals’’ and insert ‘‘a paraprofessional’’. On page 49, strike line 7 and all that fol- AMENDMENT NO. 512 On page 69, line 18, insert ‘‘, the setting of lows through page 50, line 7, and insert the State performance standards, the develop- (Purpose: To authorize programs of national following: ment of measures of adequate yearly significance) ‘‘(iv) notwithstanding clause (iii), the as- progress that are valid and reliable,’’ before (The text of the amendment is print- sessment (using tests written in English) of ‘‘and other’’. reading or language arts of any student who ed in the RECORD of May 9, 2001, under ‘‘Amendments Submitted.’’) has attended school in the United States (ex- AMENDMENT NO. 593 cluding the Commonwealth of Puerto Rico) AMENDMENT NO. 435, AS MODIFIED On page 202, delete line 1 through line 4, for 3 or more consecutive years, except that and insert the following: (Purpose: To support the use of education if a local educational agency demonstrates ‘‘(a) IN GENERAL.—From funds reserved technology to enhance and facilitate to the State educational agency that assess- under section 1225, the Secretary shall con- meaningful parental involvement to im- ments in another language and form is likely tract with an independent outside organiza- prove student learning) to yield more accurate and reliable information for a 5-year, rigorous, scientifically On page 369, between lines 6 and 7, insert tion on what such a student knows and can valid, quantitative evaluation of this sub- the following and redesignate the remaining do, then the State educational agency, on a part. paragraphs accordingly: case-by-case basis, may waive the require- ‘‘(b) PROCESS.—Such evaluation shall be ‘‘(2) outlines the strategies for increasing ment to use tests written in English for conducted by an organization outside of the parental involvement in schools through the those students and permit those students to Department that is capable of designing and effective use of technology;’’. be assessed in the appropriate language for carrying out an independent evaluation that On page 370, line 24, strike ‘‘and’’. one or more additional years, but only if the identifies the effects of specific activities On page 370, line 26, strike the period and total number of students so assessed does carried out by States and local educational insert a semicolon. not exceed one-third of the number of stu- agencies under this subpart on improving On page 371, line 1, insert the following: dents in the State who were not required to reading instruction. Such evaluation shall ‘‘(b) ALLOWABLE USES OF FUNDS.— be assessed using tests written in English in use only data relating to students served ‘‘Each local educational agency, may use the previous year because the students were under this subpart and shall take into ac- the funds made available under section in the third year of the 3-year period de- count factors influencing student perform- 2304(a)(3) for— scribed in this clause; ance that are not controlled by teachers or ‘‘(1) utilizing technology to develop or ex- ‘‘(I) beginning not later than school year education administrators. pand efforts to connect schools and teachers 2002–2003, provide for the annual assessment ‘‘(c) ANALYSIS.—Such evaluation shall in- and parents to promote meaningful parental of the development of English proficiency clude the following: involvement and foster increased commu- (appropriate to students’ oral language, ‘‘(1) An analysis of the relationship be- nication about curriculum, assignments, and reading, and writing skills in English) of stu- tween each of the essential components of assessments; and dents with limited English proficiency who reading instruction and overall reading pro- ‘‘(2) providing support to help parents un- are served under this part or under title III ficiency. derstand the technology being applied in and who do not participate in the assessment ‘‘(2) An analysis of whether assessment their child’s education so that parents are described in clause (iv) of subparagraph (H); tools used by States and local educational able to reinforce their child’s learning.’’. On page 50, line 8, strike ‘‘(H)’’ and insert agencies measure the essential components On page 371, between lines 23 and 24, insert ‘‘(J)’’. of reading instruction. the following and redesignate the remaining On page 50, line 17, strike ‘‘(I)’’ and insert ‘‘(3) An analysis of how State reading paragraphs accordingly: ‘‘(K)’’. standards correlate with the essential com- ‘‘(3) a description of how the local edu- On page 50, lines 19 and 20, strike ‘‘scores, ponents of reading instruction. or’’ and insert ‘‘performance on assessments cational agency will ensure the effective use aligned with State standards, and’’. ‘‘(4) An analysis of whether the receipt of of technology to promote parental involve- On page 51, line 1, strike ‘‘(J)’’ and insert a discretionary grant under this subpart re- ment and increase communication with par- ‘‘(L)’’. sults in an increase in the number of chil- ents; On page 51, line 20, insert ‘‘, but such meas- dren who read proficiently. ‘‘(4) a description of how parents will be in- ures shall not be the primary or sole indi- ‘‘(5) A measurement of the extent to which formed of the use of technologies so that the cator of student progress toward meeting specific instructional materials improve parents are able to reinforce at home the in- State standards’’ after ‘‘measures’’. reading proficiency. struction their child receives at school;’’. On page 51, line 21, insert ‘‘Consistent with ‘‘(6) A measurement of the extent to which On page 374, line 24, strike ‘‘and’’ section 1112(b)(1)(D),’’ before ‘‘States’’. specific rigorous diagnostic reading and On page 378, line 24, strike ‘‘and’’.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6286 CONGRESSIONAL RECORD — SENATE June 14, 2001 On page 379, line 1, insert the following and (42 U.S.C. 3793(a)(11)) is amended by adding ices varies widely from State to State. redesignate the remaining subparagraph ac- at the end the following: This situation adversely affects all cordingly: ‘‘(C) There are authorized to be appro- gifted and talented students, but espe- ‘‘(F) increased parental involvement in priated to carry out school resource officer cially disadvantaged students. In areas schools through the use of technology: and’’. activities under sections 1701(d)(8) and 1709(4), to remain available until expended without adequate public school serv- AMENDMENT NO. 386 $180,000,000 for each of fiscal year 2002 ices for gifted and talented students, (Purpose: To provide resource officers in our through 2007.’’. more well-off parents can afford to schools) place their children in a private school On page 893, after line 14, add the fol- AMENDMENT NO. 424 that offers gifted and talented pro- lowing: (The text of the amendment is print- grams or pay for private supplemental SEC. ll. SCHOOL RESOURCE OFFICER ed in the RECORD of May 14, 2001, under equational services like tutors and PROJECTS. ‘‘Amendments Submitted.’’) summer camps. Meanwhile, disadvan- (a) COPS PROGRAM.—Section 1701(d) of AMENDMENT NO. 516, AS FURTHER MODIFIED taged talented and gifted students re- title I of the Omnibus Crime Control and (Purpose: To provide for the conduct of a main in public school settings that Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) cannot meet their unique educational is amended— study concerning the health and learning impacts of sick and dilapidated public needs without federal assistance. (1) in paragraph (7) by inserting ‘‘school of- My gifted and talented initiative, ficials,’’ after ‘‘enforcement officers’’; and school buildings on children and to estab- (2) by striking paragraph (8) and inserting lish the Healthy and High Performance which is contained in the Cochran the following: Schools Program) amendment, will help to ensure that ‘‘(8) establish school-based partnerships be- (The text of the amendment is lo- ALL gifted and talented students have tween local law enforcement agencies and cated in today’s RECORD under the opportunity to achieve their high- local school systems, by using school re- ‘‘Amendments Submitted.’’) est potential by providing grants, source officers who operate in and around el- AMENDMENT NO. 804 based on State’s student population, to ementary and secondary schools to serve as (The text of the amendment is print- State education agencies. These grants a law enforcement liaison with other Fed- ed in today’s RECORD under ‘‘Amend- will be used to identify and provide eral, State, and local law enforcement and ments Submitted.’’) educational services to gifted and tal- regulatory agencies, combat school-related ented students from all economic, eth- crime and disorder problems, gang member- Mr. GRASSLEY. Mr. President, I rise in support of the Cochran amendment nic, and racial backgrounds—including ship and criminal activity, firearms and ex- students with limited English pro- plosives-related incidents, illegal use and to the Better Education for Students possession of alcohol, and the illegal posses- and Teachers Act. Specifically, I would ficiency and students with disabilities. sion, use, and distribution of drugs;’’. like to speak to two elements of this My proposal outlines four broad spend- (b) SCHOOL RESOURCE OFFICER.—Section amendment that are of particular im- ing areas but leaves decisions on how 1709(4) of title I of the Omnibus Crime Con- portance to me and my State of Iowa. best to serve these students to states trol and Safe Streets Act of 1968 (42 U.S.C. I would first like to speak to a por- and local school districts. 3796dd–8) is amended— tion of this amendment that address an The legislation ensures that the Fed- (1) by striking subparagraph (A) and in- eral money benefits students by requir- serting the following: often overlooked segment of our student population, gifted and talented ing the State education agency to dis- ‘‘(A) to serve as a law enforcement liaison tribute not less than 88 percent of the with other Federal, State, and local law en- children. There are approximately funds to schools and that the funds forcement and regulatory agencies, to ad- three million children in the United must supplement, not supplant, funds dress and document crime and disorder prob- Sates who are considered gifted and currently being spent. Additionally, lems including gangs and drug activities, talented. It is important to point out rather than simply accepting Federal firearms and explosives-related incidents, that these gifted and talented children and the illegal use and possession of alcohol funds, States must make their own do not simply possess an extraordinary affecting or occurring in or around an ele- commitment to these students by level of intelligence, but they actually mentary or secondary school; matching 20 percent of the Federal have a unique way of thinking and (2) by striking subparagraph (E) and insert- funds. The matching requirements will ing the following: learning. Gifted and talented children help ensure that programs and services ‘‘(E) to train students in conflict resolution, look at the world differently and often for gifted education develop a strong restorative justice, and crime awareness, and have a different way of interacting so- to provide assistance to and coordinate with foothold in the States. cially. As a result, gifted and talented The Cochran amendment also reau- other officers, mental health professionals, students have different educational and youth counselors who are responsible for thorizes the Javits Gifted and Talented the implementation of prevention/interven- needs from other students. Students Education Program. The Jav- tion programs within the schools;’’; and These remarkable children have its Program is a research program that (3) by adding at the end the following: enormous potential. Today’s gifted and funds a national research center and ‘‘(H) to work with school administrators, talented child may grow up to become provides grants to a wide range of pub- members of the local parent teacher associa- a leader in the field of science or a lic and private entities in order to tions, community organizers, law enforce- world-renowned performer. However, build a nationwide capability to meet ment, fire departments, and emergency med- this will not happen automatically. the special educational needs of gifted ical personnel in the creation, review, and Gifted and talented children need to be implementation of a school violence preven- and talented students. The research re- tion plan; challenged and their unique skills must sults from the Javits Program provide ‘‘(I) to assist in documenting the full de- be nurtured. Currently, many gifted invaluable tools to help schools and scription of all firearms found or taken into and talented children do not receive teachers learn how to identify gifted custody on school property and to initiate a the educational programs and services and talented students and improve gift- firearms trace and ballistics examination for they need to live up to their potential. ed and talented programs. I would like each firearm with the local office of the Bu- In fact, many gifted and talented chil- to emphasize that, because of the na- reau of Alcohol, Tobacco, and Firearms; dren lose interest in school; they learn ture of this program, a continued Fed- ‘‘(J) to document the full description of all how to expend minimum effort for top explosives or explosive devices found or eral commitment is required. It simply taken into custody on school property and grades, have low motivation, and de- wouldn’t be practical or prudent to ask report to the local office of the Bureau of Al- velop poor work habits. Others aban- each State to conduct its own research cohol, Tobacco, and Firearms; and don their education altogether and into gifted and talented education. And ‘‘(K) to assist school administrators with drop out of school. This is a tragedy yet, the research fostered by this pro- the preparation of the Department of Edu- not only for the students, but also for gram remains essential in ensuring cation, Annual Report on State Implementa- our society. that teachers have the best possible in- tion of the Gun-Free Schools Act which Much of the Federal role in education formation about how to help gifted and tracks the number of students expelled per is focused on helping Stats to meet the year for bringing a weapon, firearm, or ex- talented students reach their full po- plosive to school.’’. needs of disadvantage students and stu- tential. (c) AUTHORIZATION OF APPROPRIATIONS.— dents with special learning needs. Cur- I am pleased that my own State of Section 1001(a)(11) of title I of the Omnibus rently, the availability and quality of Iowa is one of the leaders in gifted edu- Crime Control and Safe Streets Act of 1968 gifted and talented educational serv- cation. Indeed, I have learned of many

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6287 remarkable young people and dedicated The success of the National Writing even when other variables such as education professionals through the ad- Project has resulted in substantial sup- teacher quality or community charac- vocacy efforts of the Iowa Talented and port in the areas where it has been im- teristics are considered. Furthermore, Gifted Association. I have come to be- plemented. In fact, for every dollar of students from small school environ- lieve, strongly, that Congress must Federal funding, writing project sites ments are more likely to finish high support initiatives designed to identify generate more than six dollars in sup- school. They also are more likely to be and serve the special learning needs of port from States, host sites, and other admitted to college, do well once they gifted and talented children. public and private sources. Yet, while are there and complete their studies. Our Nation’s gifted and talented stu- the National Writing Project has a re- These results are even more pro- dents are among our great untapped regional focus and widespread local sup- nounced for minority and low-income sources. However, our help is needed to port, the 167 local sites could not oper- students. Because teachers have fewer ensure that States and local school dis- ate without the coordination and sup- students in smaller schools they can tricts are able to address the unique port provided by the national organiza- know their students better, minority educational needs of gifted and tal- tion. At a time when both institutions and low-income students are less likely ented students. In the spirit of the of higher education and businesses are to be overlooked. As a result, the cre- President’s challenge to leave no child increasingly discovering that Ameri- ation of smaller learning communities behind, I would urge my colleagues to cans do not have the writing skills can be an effective way to address the remember America’s gifted and tal- they need to be successful, it is essen- achievement gap between poor stu- ented children. tial that we support proven writing dents and their more affluent peers. I would also like to express my sup- programs, like the National Writing Smaller learning environments also port for another portion of this amend- Project. address non-academic learning because ment that addresses an important edu- The two portions of this amendment they provide an environment where cational need in our country. The which I have addressed are examples of students can learn how to participate Cochran amendment reauthorizes pro- areas where there are clear educational actively in their school community. visions for the National Writing needs that cannot be met by states Student attitudes are overwhelmingly more positive in small schools. Stu- Project. The National Writing Project alone and where our existing efforts dents are far more likely to be involved is a nationally recognized nonprofit or- have proven successful. I support the in extracurricular activities than stu- ganization that works to improve stu- general goals of the B.E.S.T. bill, in- dents in large schools. In order to have dent writing achievement by improving cluding consolidating or eliminating a sufficient number of players on the the teaching and learning of writing in programs that are not working or that the Nation’s schools. Each summer, team or members of the club, all stu- interfere with decisions that are more dents must participate in small successful writing teachers at 167 local properly made at the State or local sites in 49 States, Puerto Rico, and the schools. In contrast, in large schools level. However, where our efforts have many students do not have a chance to District of Columbia attend annual been shown to be successful and need- participate in these important school summer institutes through the Na- ed, our support should be maintained. experiences unless they display some tional Writing Project. At these sum- Therefore, I would urge my colleagues special talent. Research has dem- mer institutes, teachers examine their to support the Cochran amendment. onstrated that participating in extra- classroom practices, conduct research, Mr. BINGAMAN. Mr. President, I rise curricular activities contributes sig- and develop their own writing skills. today to thank my colleague from Mis- nificantly to student learning and After completion of one of these sum- sissippi, Senator COCHRAN, for includ- makes it less likely that the student mer institutes, the participating teaching my legislation reauthorizing the will drop out of school or have poor at- ers return home and provide profes- smaller learning communities program tendance. sional development workshops for in his amendment related to national Smaller learning communities also other teachers in their home schools activities. I am also grateful to my col- result in safer schools. Large school en- and communities. These follow-up ac- leagues for supporting this amend- vironments tend to promote feelings of tivities are conducted throughout the ment. My legislation ensures that the isolation and alienation. In contrast, entire academic year in order to main- currently authorized and funded small- smaller learning communities promote tain and encourage continued use of er learning communities program, a sense of belonging and community. writing skills. As a result, the National which I sponsored during the 1994 reau- Since there is an undisputed relation- Writing Project is able to reach far thorization of the Elementary and Sec- ship between students’ feelings of more teachers than would be possible ondary Education Act, continues. This alienation and school violence, the cre- through directly administered profes- program provides funds to school dis- ation of smaller learning communities sional development activities and tricts to assist in the creation of small- is a very effective strategy for pre- teachers are able to reap the benefits er learning communities or ‘‘schools venting the occurrence of acts of the whole year long. within schools.’’ This is an extremely school violence that have become trag- I proud to say that the National important program that we know ically commonplace in schools across Writing Project has a long and success- works to improve student achievement the country in recent years. In smaller ful history in Iowa. The Iowa Writing and make our schools safer. learning environments, problems in Project was initiated in 1978 and was In the past 40 years, schools—espe- interpersonal relationships or other among the first in the Nation. Since its cially high schools—have been getting difficulties can be addressed before inception, over 8,000 teachers have bigger and bigger. In today’s urban and they lead to violence. Because teachers taken part in the annual summer insti- suburban settings, high school enroll- can get to know all students on a per- tutes. And, this group of teachers has ment of 2,000 and 3,000 are common- sonal level, smaller learning commu- served as the means of administering place; in some places like New York nities go a long way towards ensuring and conducting workshops and in-serv- City school enrollments near 5,000. Re- that all students feel they belong and ice training programs for many more search demonstrates that students in that they are safe. This makes the cre- thousands of Iowa teachers. In fact, schools of this size do not perform as ation of smaller learning communities upon returning home from attending well as students in smaller schools and an important method of preventing one of those summer institutes, Iowa large schools are less safe. school violence. Writing Project participants can in Research also has shown that small Smaller learning communities also turn impact as many as fifty percent or schools and large schools broken down help to decrease teacher attrition and more of their fellow educators in their into smaller learning communities are therefore improve the quality of in- community. Thus, the relatively small superior to large schools on virtually struction. Teachers working in smaller number of teachers who participate in every measure of educational success. learning environments often feel that the Iowa Writing Project summer insti- Student achievement is higher in small they have more opportunity to teach tutes can provide professional develop- school environments. Students in these instead of dealing with paperwork and ment opportunities in writing for en- schools tend to have higher grades, test discipline problems that are more com- tire communities. scores, and honor roll membership, mon in larger school environments.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6288 CONGRESSIONAL RECORD — SENATE June 14, 2001 Under such circumstances, teacher mo- Teachers comment that they enjoy cers. And authority for COPS in rale is improved making good teachers teaching more since there are fewer Schools, one of the most successful less likely to ‘‘burn out.’’ discipline problems and they have school safety programs out there, ex- I have been advocating for small more opportunity to work with stu- pired last year. schools and the creation of smaller dents one-to-one. I have a letter from My amendment has been endorsed by learning communities for a number of Linda Sink, the principal at Cibola the National Association of School Re- years. The smaller learning community High School, summarizing the success source Officers, by the National School program was first authorized in 1994. at the school. Safety Center, by the Center for the The program was funded in FY 2000. I also note that teachers and admin- Prevention of School Violence, by the Last year, a total of 354 schools serving istrators in schools in Las Lunas, NM National Education Association, and over 400,000 high school students in 39 were also delighted to receive a smaller by the Fraternal Order of Police. States were awarded grants to plan, de- learning communities grant last year. Why do school safety experts, line of- velop and implement strategies that They are confident that the career ficers, the resource officers themselves, would personalize the learning environ- academy, which will open in August and the heads of police departments ment for students. 2001, funded through this grant will do across the country, and educators sup- The legislation allows for local deci- much to improve the educational expe- port this amendment. Because they sionmaking with respect to how to rience of their students. This academy know COPS in Schools works. They build smaller learning communities. will offer core academic content within know school resource officers can help Some of the most common strategies the context of career programs in pre- quiet troubled schools halls, can quick- include: (1) creating career academies engineering, electronics, culinary arts, ly stop a violent incident, and can that offer students academic programs criminal justice, education and health mentor students. organized around a broad career theme, services. What are school resource officers. often building on team teaching meth- No doubt small schools in themselves These are specially-trained police offi- ods; (2) implementing mentoring sys- are insufficient to address all of the cers, men and women who work in and tems in which teachers, counselors, problems that are facing our nation’s around elementary schools, middle and other school staff advise students educational system. But the strategy schools, and high schools. They work on a personal level; and (3) creating of reorganizing our large schools into with teachers, parents, and kids to schools within schools so that smaller smaller learning communities is a identify and combat school-related groups of students take all or most of proven method of reform which attacks crime and disorder problems. They get their classes together—often from the many if not most of the challenges fac- to know the students. They are their same team of teachers and/or adminis- ing schools today. Throughout the his- counselors and their role models, and, trators and often operating in distinct tory of education parents of means when necessary, they enforce the law. areas of the school facility. All of these have sent their children to small strategies are designed to create a D.A.R.E. police officers would be eli- schools because they have known that gible to receive funding under this more individualized learning environ- in smaller schools their children will ment. amendment, just as they are under the have the opportunity to connect with current COPS in Schools program. In my home State of New Mexico, the adults who care about them and can I recently sat down with all of the Albuquerque School District received a give consideration to their learning school resource officers in Delaware. substantial grant under this program needs. With your support, small My State has embraced the concept, last year, which will allow them to cre- schools can continue to be created in today, 16 members of the Delaware ate smaller learning communities in order to provide children with learning State Police serve as school resource six of their high schools and hopefully environments that help all children officers. So do two members of the Wil- with additional funding through this succeed. mington Police Department, and one program they will be able to do so in AMENDMENT NO. 386 Newark police officer. all of the city’s high schools. I was able Mr. BIDEN. I ask unanimous consent And about 1 year ago, I held a field to visit one of these schools recently that Senators HOLLINGS, BINGAMAN, hearing on school safety at the William and see the good work being done with LANDRIEU, CLELAND, and JOHNSON be Penn High School in Delaware. One of some of the funding from this program. added as original cosponsors to my the witnesses was Delaware State Po- I visited Cibola High School, where amendment. they have created a school-within-a- This amendment is fairly simple, and lice Corporal Jeff Giles. Jeff told me school for ninth graders with their I hope all of my colleagues can support low successful he has been as a school small schools grant. Taking into ac- it. resource officer, how the kids feel count evidence of a high drop out rate It would extend the Justice Depart- safer, the school is more secure, and at ninth grade, the faculty at Cibola ment’s school resource officer program parents and teachers are put at ease. decided to move all of the ninth grad- for 6 years. It authorizes $180 million This program works, COPS in ers into one corridor and divide them per year through 2007 for the wildly Schools is a success. Let me tell you a into five teams. Each team of teachers successful COPS in Schools Program. story: When a high school in my State, meets together two to three times a This is the same amount appropriated Lake Forest High School, tried to week to discuss instructional strate- for the program in each of the last 2 phase out its school resource officer be- gies and any concerns about students years, the same amount requested by cause of a lack of funds, the kids on their team. The grant allowed them the administration in its Budget, and walked out. They walked out of school to hire four more teachers reducing it’s enough money to hire 1,500 re- to protest Corporal Gary Fournier’s, pupil/teacher ratios. They also created source officers per year. dismissal! The kids would not let their two lunch periods within the school so This is a great program. Police de- school resource officer go, they liked that the ninth graders have their own partments and schools get together and having him around so much. We found lunch. Preliminary data indicates that they file their application jointly, some funds that let the school keep the work at Cibola has been quite suc- based on the community’s needs. To Corporal Fournier on, but it should cessful. The drop out rate declined date, the Justice Department has fund- never have come to that. from 9 percent to a little over 1 per- ed over 3,800 school resource officers. Now, I was pleased the appropriators cent. Eighty-six percent of the ninth They are 3 year grants, totaling up to saw fit to include $180 million for COPS graders earned all of their credits last $125,000 per officer. That’s about $40,000 in Schools last year. And it looks like year and moved on to the tenth grade. per year, usually enough to fund the of- the Administration wants to continue Students, teachers and parents contin- ficer’s whole salary. the program at the same level this ually comment on how the new ar- Why offer this amendment now. Well, year. But year-to-year appropriations rangements has helped students to be the bill before us is designed to im- are no substitute for a multi-year au- successful. The schools reports that prove our schools, but without my thorization. students feel safer and less worried amendment it does not include dedi- Schools need to have assurances this about the transition to high school. cated funds to hire school resource offi- is a program that’s here to stay. City

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6289 councils and other local governing bod- current loan forgiveness provisions for education system. Over these past 36 ies need to be able to pass their budg- teachers, including an expansion of eli- years, we have had thoughtful debates ets knowing the Federal Government is gibility to those teachers who teach in regarding the Federal role in both es- there to help. Today, as we debate this districts identified within the Rural tablishing and overseeing education education bill, authority for the whole Education Achievement Program. policy. Through these spirited discus- COPS program has expired and with it, I offered this amendment because sions, we have tried to create initia- the COPS in Schools program’s future there is a significant need in our rural tives that emphasize excellence for all is unclear. schools for assistance in attracting and students. That just shouldn’t be the case. A lot keeping good teachers. My amendment Over the past 3 years, the Health, of these school resource officers are he- may have helped that situation. Education, Labor, and Pensions Com- roes, and we shouldn’t end the program I understand that the issue of rural mittee has closely examined elemen- that helps fund them. Take a look at teacher recruitment and retention is tary and secondary education. In the the tragic shooting this past March in one that needs further investigation, 106th Congress, two dozen hearings Granite Hills High School in El Cajon, though, and am pleased that Senator were held regarding the ESEA reau- CA. Local officials there have stated KENNEDY has agreed to address the thorization. One of the very first hear- that but for the quick response of Rich needs of rural schools in Senate HELP ings the committee held this year fea- Agundez, that school’s resource officer, Committee hearings. We need to better tured Secretary Paige and focused on lives may have been lost. In the weeks understand rural needs and find effec- the President’s education initiative. following this shooting, San Diego tive ways to provide our rural schools, All 20 members of the HELP Com- school officials decided to station re- home to roughly 17 percent of students mittee worked together to draft S. 1 source officers in all of their 180 throughout the country, with the re- and unanimously voted the bill out of schools. sources they need to delivery a quality committee. Following committee ac- We should help communities like San education. tion, I and several of my colleagues Diego. We should make sure they hear Mr. KENNEDY. Thank you for bring- worked with the White House to fur- the message, loud and clear, that this ing this important matter before us in ther refine the committee bill that has Senate agrees with them. Let’s give the Senate. I agree with you that we now passed the Senate. school resource officers to every school should take a closer look at the needs S. 1, the Better Education for Stu- that wants one. Let’s give parents a of our rural schools, and I look forward dents and Teachers Act, begins a new little peace of mind that their kids are to looking at how different mecha- chapter that not only sets goals de- safe when they get on that school bus nisms, including teacher loan forgive- signed to improve student perform- and head off to learn. Let’s give teach- ness programs, can help meet the needs ance, but provides a road map for ers a hand in maintaining order in of our rural schools. achieving those goals. With the leader- their classrooms. Mr. BAUCUS. Thank you, Senator, ship of President Bush, and the leader- Let’s pass my amendment and fund for giving your attention to this issue ship of many Senators from all parties, the COPS in Schools program. It of great importance to rural schools in we have, before us, legislation that bet- works. It works, and I challenge any of my home State of Montana and ter targets resources and provides my colleagues to tell me otherwise. throughout the country greater accountability at both the AMENDMENT NO. 640 WITHDRAWN AMENDMENT NO. 505 State and local levels. Mr. KENNEDY. I ask consent, fur- Mr. BINGAMAN. Mr. President, yes- Our goal must be to ensure that ther, to withdraw amendment num- terday we passed amendment No. 505 every child will obtain the knowledge bered 640. by unanimous consent. The amend- necessary to succeed in our society and The PRESIDING OFFICER. Without ment relates to BIA schools. The legis- in our economy. To ensure progress to- objection, it is so ordered. lation was considered by the Indian Af- ward this goal, the legislation before us Mr. KENNEDY. Mr. President, I ask fairs Committee and the amendment will establish accountability measures consent following final passage, until was cosponsored by the distinguished for every school, school district and the close of business today, the two Chair and Ranking Member of that State in the country, so that the public managers be permitted to add a man- Committee. I would like to note for the can see whether or not they are mak- agers’ amendment to the bill, provided record that the Navajo nation has some ing annual academic progress. that the amendment is agreed to by concerns regarding some of the provi- The House and Senate conferees will both leaders and both managers. sions in that amendment. I understand soon begin their work in putting to- The PRESIDING OFFICER. Without that Senators INOUYE and CAMPBELL gether a final product that will hope- objection, it is so ordered. are working with my office and rep- fully not set unrealistic goals and un- Without objection, the Jeffords sub- resentatives of the Navajo nation to dermine our overall goal of leaving no stitute amendment No. 358 is agreed to. address those concerns. I’d like to ask child behind. If we are not very careful, The question is on the engrossment Senator INOUYE if my understanding is the result of our efforts might be havoc and third reading of the bill. correct? rather than help for our education sys- The bill was ordered to be engrossed Mr. INOUYE. We are working to ad- tem and the students it is designed to for a third reading and was read the dress those concerns and hope to be serve. third time. able to make any necessary changes to I look forward to continuing to work RURAL EDUCATION the amendment in conference. with all of my colleagues in writing a Mr. BAUCUS. Mr. President, I rise Mr. BINGAMAN. I’d like to thank conference report that will provide the today to shift the direction of the edu- my distinguished colleagues for their foundation for every child in this Na- cation debate for a moment. For the efforts. I also ask my Chair, Senator tion to receive a quality education. past few weeks, we have been debating KENNEDY, for his assistance during the I would like to take this opportunity now best to engage the Federal Govern- conference to make any necessary to thank Senator KENNEDY, Senator ment in ways to improve our K–12 amendments to the underlying bill. GREGG, and the other members of the schools. There has been a lot of con- Mr. KENNEDY. I would be happy to committee. I would like to join the structive debate on a number of impor- work with Senator BINGAMAN on mak- managers in thanking all of the com- tant topics. An amendment that I ing any necessary changes related to mittee staff for their hard work. Par- planned to offer, S.A. 387, would have this amendment during the conference. ticularly, I would like to thank my addressed another important topic rel- Mr. JEFFORDS. Mr. President, with staff, Sherry Kaiman, Susan Hattan, ative to our schools: recruitment and the passage of the Elementary and Sec- Scott Giles, Jenny Smulson, Andy retention of teachers in rural areas. ondary Education Act of 1965, there has Hartman, Justin King, Carolyn Dupree, I have spoken with Senator KENNEDY always been broad support for the Fed- Leah Booth, Ann Clough, Sallie and agreed to withdraw my amend- eral Government to provide assistance Rhodes, and Frances Coleman for their ment, but I want to speak for a mo- and leadership to the States and local- efforts. I also want to thank Wayne ment about its importance. My amend- ities, the entities that serve as the pri- Riddle and Jim Stedman from the Con- ment would have increased the scope of mary sources for implementing our gressional Research Service and Mark

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6290 CONGRESSIONAL RECORD — SENATE June 14, 2001 Koster, Liz King, and Bill Baird from when the Senate voted against Senator Going hand in hand with the need for the Office of Legislative Counsel for HARKIN’s amendment to reauthorize a greater accountability is the necessity their tremendous contribution in shap- bi-partisan school construction plan. for increased flexibility for States and ing S. 1. But above all else, we missed an op- local school districts. Part of the prob- Mr. BIDEN. Mr. President, education portunity to resolve the issue of ade- lem of stagnant student achievement is, and should be, among our top prior- quate funding for all the education re- despite increased Federal funding is ities here in the Senate. forms that this bill requires. that Federal funding comes with a dis- Parents know that the quality of a The truth is, we can stand here and proportionate degree of Federal con- child’s education can make or break make eloquent speeches about all these trol. Federal micro-managing of class- that child’s future. Businesses under- needed changes in our education sys- rooms ties the hands of teachers and stand that they cannot compete in this tem, many of which I wholeheartedly can actually prevent them from meet- high-tech world without a well trained support, but without the resources to ing the individual needs of students. and well educated workforce. back up these eloquent words, nothing We in Washington must face the fact That is why what we are doing here will change. I am hopeful that even that we cannot possibly know what’s today, and have done in the past few more resources can be directed toward best for every school in America. My weeks is so important. education during the conference com- home State of Iowa contains a wide We have had an opportunity to put mittee negotiations and though the an- variation of school districts from rural aside partisan differences to craft a nual appropriations process that will to urban. Students in Des Moines are federal education policy that will begin shortly. likely to have different needs from strengthen schools, increase account- I believe that on the whole this bill those of students in Lineville. What ability, empower parents, and give our takes a dramatic step in the right di- works in Davenport may not work in teachers and administrators the re- rection. It improves accountability, Sioux Center. How then can we in sources they need to give our children empowers parents, and begins to make Washington direct Federal funding to the education they deserve. the types of investments that our meet the needs of all the students of In many respects, we have been suc- teachers and students deserve and Iowa, much less vastly different re- cessful. The bill itself takes some posi- need. gions of our country, without providing tive steps toward improving public edu- Mr. GRASSLEY. Mr. President, I rise for a substantial degree of local con- cation in America. It provides for an- in support of the education reform bill. trol? If States are to meet tough new nual testing of students and a process I am encouraged by the renewed em- goals for student achievement, they for identifying and turning around fail- phasis President Bush and many in must be given the freedom to do so ing schools. It requires that high Congress have placed on education and standards be set for all students. It tar- without having their hands tied by un- I welcome this opportunity to share gets federal education resources to- necessary Federal regulations. This bill my views on this important subject. wards the students who need the great- does just that by consolidating related Improving elementary and secondary programs into more flexible block est assistance. It includes a new early education has long been a goal of those reading initiative to promote literacy. grants and allowing schools to waive of us in Congress. However, for too Ands it contains other important pro- certain Federal regulations in return long, the debate at the Federal level visions to help increase parental infor results. has focused on the same old ideas that It is also essential that parents have volvement in their children’s edu- boil down to more spending without en- cation. the opportunity for greater involve- In addition, we were able to make a suring results and more Federal con- ment in their child’s education. Under number of key improvements to the trol of local schools. That is why I am the BEST Act, school report cards will underlying bill during the Senate de- pleased that President Bush has put be issued so that parents will have in- bate. The bill now includes language forward a plan for education that takes formation on the quality of their calling for full funding of title I for dis- us in a new direction. S. 1, the Better child’s school, and support will be advantaged children and full funding of Education for Students and Teachers given to local educational agencies and the federal commitment to educate Act, encompasses the President’s main nonprofit organizations to implement children with disabilities. We increased goals and puts the Federal role in edu- parental involvement programs that funding for bilingual education and cation on the right track. are designed to improve student per- after-school programs. We provided ad- Since 1965, when Congress embarked formance. In addition, parents of dis- ditional funding to improve and mod- on its first elementary and secondary advantaged students in failing schools ernize resources in school libraries. We education initiative, the Federal Gov- will be given the choice to move their passed additional changes to make sure ernment has continued to expand its children to a better school. that States use high quality tests to role in the area of education. Yet, In closing, while this bill does pro- gauge the progress of students. And we while the Federal role in education has vide for a substantially increased in- passed an amendment that I was proud increased, accountability has not. The vestment in elementary and secondary to cosponsor that will help recruit Federal Government continues to education, it does so in a framework of more teachers. spend more and more on education real reform that provides greater flexi- I am also pleased that the Senate ac- while creating complicated and over- bility to states and local school dis- cepted my amendment to provide $180 lapping programs that may or may not tricts in return for demonstrated re- million to put more school resource of- address the needs of local schools. In sults. This bill represents a shift from ficers in our schools. These officers are fact, research has shown that, while the old Washington-knows-best view of specially trained to prevent school vio- Federal funding for education has in- education to one which empowers lence and to quickly respond to crimes, creased substantially over the last 30 states, local communities, and parents while serving as mentors and role mod- years, students’ test scores have not to improve student achievement. Presi- els and providing guidance to students. shown improvement. dent Bush has called on us to ensure Despite these important steps that The BEST Act seeks to change this that no child in America is left behind. we have taken, I must say that I am situation by taking steps to ensure ac- The Better Education for Students and truly disappointed by some missed op- countability for the use of Federal edu- Teachers bill will put us on course to portunities. cation dollars. Under this bill, States meet that challenge. We missed an opportunity to make will be required to develop their own Mr. LEAHY. Mr. President, I rise reducing class sizes a priority when the strategy to measure improvement and today to express my support for the in- Senate voted against Senator MUR- hold schools and school districts ac- novative and far-reaching legislation RAY’s amendment to increase funding countable through the use of State-run before us, the Better Education for for the 100,000 teacher initiative and assessments. In this way, schools and Students and Teachers, BEST, Act. ensure that it is not consolidated with school districts that fail to help stu- The Senate for several weeks has been other teacher quality programs. dents achieve can be identified so that considering this reauthorization of the We missed an opportunity to help our assistance can be provided and nec- Elementary and Secondary Education States renovate and build new schools essary corrective action taken. Act, ESEA, which was first enacted in

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6291 1965 as part of President Johnson’s war measure school progress based on give our children the education they on poverty. While the anchor of this standards that are part of a high-qual- deserve. Rather than send precious law has always been title I—a program ity curriculum. My home State of public funds to private or religious to provide support to low-income and Vermont has a fine tradition of high schools, we must ensure that all public disadvantaged students—ESEA has expectations in education and cur- schools in the United States have the evolved over the past 35 years to also rently has in place a comprehensive resources to provide a high quality include important professional devel- framework for school standards and ac- education for all of our Nation’s chil- opment, technology and after-school countability. I am hopeful that the new dren. programs. The bill before us today role of the Federal Government out- By approving the legislation before makes significant changes to education lined in the legislation before us will us today, we will be taking the first policy, reflecting our commitment to reinforce, not undermine, state and step toward enacting quality education make the Federal Government an ef- local efforts to improve student per- reform in our Nation’s schools. The fective partner in reforming the na- formance. second step will come later in the year tion’s public schools. We all hope these For small States—like Vermont—the when Congress and President Bush de- reforms will be the right ones for our costs associated with implementing a termine the funding level for these children. While I do have some con- large-scale assessment system can be Federal programs. In recent days many cerns about the commitment of the prohibitively expensive. During consid- of my colleagues have spoken about President and my colleagues on the eration of the BEST Act, the Senate the need for adequate funding for these other side of the aisle to adequately approved two key amendments that reform efforts. I want to add my voice fund the programs in the BEST Act, I will help lessen the burden on the to that debate. Unless we commit our- am willing to take them at their word, States. First, the Senate overwhelm- selves to providing the resources nec- to leave no child behind. ingly passed an amendment to require essary for States to carry out the re- During the Senate’s consideration of that the Federal Government provide forms outlined in this bill, we will be the BEST Act, a variety of amend- at least 50 percent of the costs of devel- doing serious harm to our children. ments offered by Senators on both oping and administering the testing re- I will vote in support of this bill sides of the aisle have been considered. quirements in the underlying bill. If today with the belief that it will im- I would like to take a moment to high- the Federal Government does not pro- prove the educational and learning op- light just a few of these. vide these funds, the States will not be portunities of the school children in First, I want to express my thanks required to administer the tests. Vermont and across the Nation. I urge and appreciation to the managers of Second, the Senate adopted an my colleagues to continue our commit- this bill, Senators KENNEDY and GREGG, amendment to have the General Ac- ment to education and to provide the for accepting an amendment offered by counting Office conduct a study to resources necessary to ensure that this Senator HATCH and myself to re-au- evaluate the true costs to the States far-reaching legislation achieves its thorize Department of Justice grants for the testing provisions. This report goals. for new Boys and Girls Clubs in each of will be completed prior to the imple- Mr. WARNER. Mr. President, I rise the 50 States. In 1997, I was proud to mentation of the Best Act’s assessment today in strong support of S. 1, the Bet- join with Senator HATCH and others to requirements. If the GAO finds the ter Education for Students and Teach- pass bipartisan legislation to authorize costs to be higher than anticipated, the ers Act (the ‘‘BEST’’ Act), which will grants by the Department of Justice to Senate should return to the issue. We reauthorize the Elementary and Sec- fund 2,500 Boys and Girls Clubs across must not require reform from our ondary Education Act. (‘‘ESEA’’). the Nation. This bipartisan amendment States—especially small States with- President Bush has appropriately in- authorizes $60 million in Department of out providing the necessary resources dicated that education reform is his Justice grants for each of the next five to support those reforms. We must not number one priority. The BEST bill, years to establish 1,200 additional Boys set our schools and students up for fail- which is based on the President’s blue- and Girls Clubs across the Nation. ure. print, is premised on the President’s These grants will bring the total num- In addition to these important test- goal: ‘‘No Child Left Behind.’’ I share ber of Boys and Girls Clubs to 4,000 to ing-related improvements, the Senate the President’s goal. Our educational serve 6,000,000 young people by January also approved an amendment to fully system must leave no child behind. 1, 2007. fund the Federal Government’s portion Education is the key to a better qual- In my home State of Vermont, this of the Individuals with Disabilities ity of life for all Americans. From long-term Federal commitment has en- Education Act, IDEA. This is a crucial early childhood through adult life, edu- abled Vermonters to established six issue and one that education officials cational resources must be provided Boys and Girls Clubs, in Brattleboro, back in our home States have been and supported through partnerships Burlington, Montpelier, Randolph, pushing for—for the Federal Govern- with individuals, parents, commu- Rutland, and Vergennes. Indeed, ment to fulfill its responsibility. The nities, and local government. The fed- Vermont’s Boys and Girls Clubs re- Senate also agreed to authorize full- eral government has a limited, but im- ceived more than $1 million in Depart- funding for the title I program, a portant role in assisting states and ment of Justice grants since 1998. I am strong reflection of our commitment to local authorities with the ever-increas- hopeful this amendment will ensure fu- providing resources to schools that ing burdens of education. ture funding for these successful youth educate low-income and disadvantaged Originally passed in 1965, the ESEA programs. students. provides authority for most federal Some of the most publicized and While several other amendments programs for elementary and sec- often-discussed provisions of the BEST were approved that will strengthen the ondary education. ESEA programs cur- Act are the expanded requirements for BEST Act, I was pleased that the Sen- rently receive about $18 billion in fed- student assessment, specifically the ate rejected some proposals that would eral funding, which amounts to an esti- annual testing of schoolchildren in have weakened our commitment to mated 7 cents out of every dollar that Grades 3 through 8. The legislation will public school education. In particular, is spent on education. require states to establish comprehen- I was pleased that the Senate rejected Nearly half of ESEA funds are used sive assessment systems in order to an amendment that would have di- on behalf of children from low-income evaluate the achievement of their rected public dollars to private schools. families, under Title I. Since 1965, the schools and students. Accountability in I have long had concerns about using federal government has spent more education is important. Parents, stu- Federal tax dollars to support private than $120 billion on Title I. dents, teachers, and taxpayers should schools through vouchers. Although I Despite the conscientious efforts of know how their schools are performing. support the options private schools federal, state, and local entities over However, it is important that testing provide for some of our Nation’s youth, many years, our education system con- be used as a diagnostic tool in an over- our primary responsibility must be to tinues to lag behind other comparable all assessment system and not become ensure that our public schools are the nations. Nearly 70% of inner city a reform in its own right. Tests should best they can possibly be in order to fourth graders are unable to read at a

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6292 CONGRESSIONAL RECORD — SENATE June 14, 2001 basic level on national reading tests. grate these federal dollars with state substantial and creative measures Fourth grade math students in high and local monies that serve children. passed the Senate today as part of the poverty schools remain two grade lev- In addition, S. 1, in its Teacher Em- reauthorization of the Elementary and els behind their peers in other schools. powerment provisions, consolidates the Secondary Education Act. Our high school seniors score lower targeted and inflexible class size reduc- The legislation focuses on improving than students in most industrialized tion programs and the targeted Eisen- student achievement, student perform- nations on international math tests. hower Professional development pro- ance, and school success through ex- And, approximately one-third of col- gram. The money in these programs is panding accountability provisions, in- lege freshman must take a remedial consolidated so states and localities creasing resources, improving tech- course before they are able to even can use these funds for a variety of op- nical assistance, and providing mecha- begin college level courses. tions, including hiring additional nisms intended to help turn around The underlying issue is—do we just teachers, retaining high quality teach- schools which are falling short. The pour more taxpayer dollars to perpet- ers, developing professional develop- bill seeks to ensure that local edu- uate these mediocre results or do we ment programs, or to hire mentors, to cation agencies and States have the re- take some bold new initiatives? name a few of the numerous options. sources over the next four years to put Increased federal education funding, Straight A’s and the Teacher Em- a highly qualified teacher in every increased state and local flexibility in powerment provisions are key compo- classroom. This provision also includes their use of federal funds, and in- nents of the increased flexibility pro- an amendment that I offered which creased accountability are all compo- vided in the BEST bill. provides that the professional develop- nents of this bill that are steps in the Finally, accountability, in certain ment training authorized for these right direction. areas, is needed. Our education policy teachers also include training in the First, in regard to funding, Repub- is locking out many students and not use of computer technology to improve licans, Democrats, and Independents providing them the key to a better life. student learning in core academic sub- will continue to support increased edu- It’s time to move forward in education jects. cation funding. Last year, nearly $44.5 to ensure that all of our children are The bill also provides for over 125,000 billion was appropriated to the Depart- given the opportunity to receive a new teachers to be paired with mentors ment of Education. This was a $6.6 bil- higher quality of education. and to have the opportunity for year- lion increase from Fiscal Year 2000 lev- Let’s seize this challenge. long internships. The Reading First els. Without a doubt, education will re- President Bush’s proposal to test stu- provisions of the legislation authorize ceive another significant increase this dents annually in grades 3–8 in reading an important new initiative that pro- year when Congress passes the appro- and math, which is part of the BEST vides nearly $1 billion for States and priations bill that funds the Depart- bill, is a strong proposal that promotes local school districts to improve read- ment of Education. accountability. ing education, and help teachers get Next, in regard to flexibility, the These tests will result in parents and ready to ensure that all children be- BEST bill significantly increases state teachers receiving the information come proficient readers by the end of and local flexibility in the use of their they need to know to determine how the third grade. I am pleased that an federal education dollars. well their children and students are amendment I offered, to permit funds In the current fiscal year, the ESEA doing in school and how well the school under this program to be used for fam- funds over 60 programs. Most of these is educating. Testing also provides edu- ily literacy programs, was adopted. programs have a specified purpose and cators the information they need to The bill also authorizes partnership a target population. help them better learn what works, im- grants, a new initiative designed to Our schools do not need a targeted prove their skills, and increase teacher boost achievement in the areas of math one size fits all Washington, D.C. ap- effectiveness. and science through strengthening and proach to education. While schools in While some have expressed concern training and recruitment of highly Boston, Massachusetts may need to use that President Bush’s proposal calls for qualified teachers; and continues the federal education dollars to hire addi- too much testing, I have a different ‘‘Preparing Tomorrow’s Teachers to tional teachers to reduce classroom view. A yearly standard test in reading Use Technology’’ program, which size, schools in other parts of the coun- and math will allow our educators to trains teachers in the use of tech- try may wish to use federal dollars for catch any problems in reading and nology in the classroom. a more pressing need, like new text math at the earliest possible moment. Mr. President, this legislation con- books. Federally targeted programs for Tests are becoming a vital part of life, tains extremely complicated testing a specified purpose do not recognize no matter how onerous. If America is requirements. I have reservations that different states and localities have to survive in the rapidly emerging about the utility of such a federal man- different needs. global economy, tests are a key part. date, given the tests that are already Who is in a better position to recog- I note that Virginia has already rec- administered in my State of Michigan. nize these local needs, Senators and ognized the importance of testing, hav- However, because I support the essen- Representatives in Washington, D.C. or ing installed an accountability system tial reforms also included in this legis- Governors, localities, and parents? called the Standards of Learning lation, I have decided, on balance, to Those Virginians serving in state and (SOLs). In Virginia, we already test our support the bill. local government and serving on local students in math and science in grades Mr. FEINGOLD. Mr. President, the school boards throughout the Common- 3, 5, and 8. The accountability provi- Senate is about to vote on one of the wealth are certainly in a better posi- sions in the BEST bill will augment most important pieces of legislation tion than members of Congress from the Commonwealth of Virginia’s that we will debate this year. The Ele- other states to determine how best to Standards of Learning. mentary and Secondary Education Act spend education dollars in the Com- Mr. President, in summary, the evi- has provided the framework for the monwealth of Virginia. dence demonstrates that the $120 bil- Federal role in education for more than The BEST Act increases flexibility lion spent on elementary and sec- 35 years. The bill currently before us, and local control. The Straight A’s pro- ondary education since 1965 has pro- the Better Education for Students and visions of this bill and the Teacher Em- duced mediocre results, at best. This Teachers Act, will chart the course for powerment provisions serve as two bipartisan legislation is a step in the the Federal role in education for the good examples. right direction, and I look forward to next seven years and beyond. The Straight A’s provisions of this President Bush ultimately signing edu- I strongly support maintaining local bill creates a 7 state and 25 district cation reform legislation into law. control over decisions affecting our demonstration program. Under the pro- Mr. LEVIN. Mr. President, for nearly children’s day-to-day classroom experi- gram, 7 states and 25 districts that 2 months the Senate has been debating ences. The Federal Government has an choose to participate gain the flexi- reform measures that would establish important role to play in supporting bility to consolidate a number of fed- new goals for our teachers, our schools, our States and school districts as they eral formula grant programs and inte- our students and their parents. These carry out one of their most important

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6293 responsibilities the education of our legislation that authorize the full fund- standards-based reform, and in ac- children. ing of title I and of IDEA. countability for results. Every child in this country has the Nevertheless, I cannot support a bill I regret that this bill does not au- right to a free public education. Every that includes a new, largely unfunded thorize class size reduction as an inde- child. That is an awesome responsi- Federal mandate for annual testing in pendent program. And I particularly bility, and one that should not have to grades 3–8. As I noted earlier in this de- regret that the amendment to rein- be shouldered by local communities bate, the response to this proposal state this program that was offered by alone. The States and the Federal Gov- from the people of my state is almost the Senator from Washington, Mrs. ernment are partners in this worthy universally negative. My constituents MURRAY, was defeated. I am baffled by goal, and ESEA is the document that oppose this proposal for many reasons, the argument put forth by some of our outlines the Federal Government’s re- including the cost of developing and colleagues that smaller classes mean sponsibilities to our Nation’s children, implementing additional tests, the loss less to students than the presence of a to those who educate them, and to our of teaching time every year to prepare good teacher in the classroom. I would States and local school districts. for and take the tests, the linking of argue that both are important. Of It is with this bill that we must find success on these tests to ESEA admin- course, a good teacher makes a huge the right balance between local control istrative funds, and the pressure that difference. But even the best teacher in and Federal targeting and account- these additional tests will place on stu- the country will have far better results ability guidelines for the Federal dol- dents, teachers, schools, and school dis- with 18 students instead of 50. lars that are so crucial to local school tricts. My home state of Wisconsin is a lead- districts throughout the United States. I am pleased that the Senate adopted er in the effort to reduce class size in Ninety percent of American children amendments to help to ensure that kindergarten through third grade. The attend public schools. More than these tests are of a high quality, to Student Achievement Guarantee in 879,000 young people in my home state award bonuses to States for developing Education, SAGE, program is a state- of Wisconsin are enrolled in public high quality tests rather than for the wide effort to reduce class size to 15 schools, from pre-school through grade speed with which the testing program students in kindergarten through third twelve. I am a graduate of the Wis- is implemented, and to require a study grade. consin public schools, and I am proud by the General Accounting Office on The SAGE program began during the to say that all four of my children have the true costs of these tests to the 1996–1997 school year with 30 partici- attended them as well. States. I am also pleased that the Sen- pating schools. Now in the program’s The legislation before us has gen- ate adopted an amendment to increase fifth year, there are nearly 600 partici- erated vigorous debate in Wisconsin. I the funding provided for these tests by pating schools. have heard from parents, teachers, the Federal Government, but I remain According to the recently-released school board members, school adminis- concerned that this bill still falls far program evaluation for the 1999–2000 trators, school counselors and social short of authorizing enough funding for school year, conducted by the SAGE workers, state officials, and other in- this new Federal mandate. Evaluation Team at the University of terested observers. And their com- I am concerned that this bill does not Wisconsin Milwaukee: ments are clear: they say that the Con- do enough to ensure that local school ‘‘When adjusted for pre-existing dif- gress must not undermine the targeted districts will have the resources to help ferences in academic achievement, at- measures aimed at improving edu- students be successful on these tests. I tendance, socioeconomic status and cation for disadvantaged students. am disappointed that the Senate failed race, SAGE students showed signifi- They say that we must live up to our to adopt an amendment offered by the cant improvement over their Compari- commitment to fully fund the Federal Senator from Minnesota, Mr. son school counterparts from the be- share of elementary and secondary edu- WELLSTONE, of which I was an original ginning of first grade to the end of cation programs. cosponsor, which would have modified third grade across all academic areas.’’ If we are, as President Bush has said, the annual testing provisions to clarify The study also found that ‘‘teaching to ‘‘leave no child behind,’’ we should that States would not have been rein reduced size classrooms is character- ensure that the programs created to quired to implement the annual tests ized by more individualization, time help the most vulnerable children are unless title I is funded at $24.7 billion spent on teaching rather than dis- fully funded. by July 1, 2005, funding levels con- ciplining, class discussion, hands on ac- We should fully fund title I, we sistent with the Dodd-Collins amend- tivities, content coverage, and teacher should fully fund the Federal share of ment adopted by the Senate. enthusiasm.’’ the Individuals with Disabilities Edu- I was also pleased to cosponsor an The results speak for themselves. cation Act (IDEA), we should fully fund amendment offered by the Senator Smaller classes translate to better in- Head Start, we should fully fund Im- from South Carolina, Mr. HOLLINGS, struction and better achievement. pact Aid, and we should fully fund which would have allowed a State to The education community in my these programs in a fiscally responsible opt out of the new federal testing re- State is also deeply concerned and I manner. quirements if the State already has share this concern about proposals that For too long, the Federal Govern- comparable accountability measures in would shift scarce Federal tax dollars ment has failed to live up to its prom- place. Many States and local school away from the public schools they are ise to fund these and other important districts around the country, including intended to support. education programs. During this de- Wisconsin, have such programs. We I commend the work of the Senator bate, some of our colleagues have ar- should leave the means and frequency from Massachusetts, Mr. KENNEDY, and gued that money is not the only an- of assessment up to the States and the Senator from Vermont, Mr. JEF- swer, and they are partially correct. In local school districts who bear the re- FORDS, and others who have worked so Wisconsin, however, where the State sponsibility for educating our children. diligently these past weeks to nego- imposes limits on the amount of money Every State and every school district tiate compromise language with the that school districts can raise and is different. A uniform testing policy Administration on many of the issues spend annually, Federal funding is ab- may not be the best approach. that remained outstanding following solutely critical. I have heard time and I have also heard from a number of the HELP Committee’s mark-up of this again from frustrated school board my constituents that this Congress legislation. I regret that I am unable to members who have to make the tough should do nothing that would under- support this compromise for a number decisions about which programs to mine the good that the Federal Gov- of reasons. fund and which programs to cut. In this ernment’s support has done to help I am troubled by language in this time of economic prosperity, we should states and local school districts over compromise that would require school not pit groups of students against each the last several years. They told me districts to use up to 15 percent of their other for scarce education dollars. that we should not undermine the Title I money to pay for supplementary In that regard, I am pleased that the progress that we have made in smaller services or transportation for public Senate has passed amendments to this class sizes, in technology education, in school choice for students in schools

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6294 CONGRESSIONAL RECORD — SENATE June 14, 2001 that have failed to make adequate Senate amendment on May 8, 2001. This With these premises in mind, Senator yearly progress for three years. This amendment, which passed by a vote of COLLINS and I offered the Collins-War- provision would mean that a school 95–3, stated: ner amendment to the Tax Reconcili- that is already in trouble would have the Senate should pass legislation providing ation Act of 2001. as little as 85 percent of its Title I elementary and secondary level educators This amendment which, again, passed money available for school programs. with additional tax relief in recognition of the Senate in a vote of 98–2, had two If Congress agrees to divert badly-need- the many out of pocket, unreimbursed ex- components. First, the legislation penses educators incur to improve the edu- would have provided a $250 tax credit ed Title I money for supplemental serv- cation of our Nation’s students. ices, it is all the more urgent that we to teachers for classroom supplies. This Later, on May 23, 2001, on the tax rec- fully fund the Title I program. credit recognizes that our teachers dip I am also concerned about the so- onciliation bill of 2001, the Senate into their own pocket in significant called ‘‘Straight A’s’’ performance passed a Collins-Warner amendment to amounts to bring supplies into the agreement pilot program that is in- provide teachers with such tax relief. classroom to better the education of cluded in the bill. This provision would The amendment passed the Senate by a our children. vote of 98–2. allow seven States and 25 districts in Second, this legislation would have I worked with Senator COLLINS on effect to block grant most of their provided a $500 above the line deduc- this amendment because I recognize tion for professional development costs ESEA funding. I am pleased that this that individuals do not pursue a career provision stipulates that this funding that teachers incur. This deduction in the teaching profession for the sal- would particularly help low-income cannot be used for private school ary. People go into the teaching profes- vouchers and that it can only be used school districts that typically do not sion for different personal commit- have the finances to pay for profes- for specified activities. I am also ments—to educate the next generation, pleased that individual school districts sional development costs for their to strengthen America. teachers. within the seven States that partici- While many people spend their lives pate in this program may apply to opt Unfortunately, this important Col- building careers, our teachers spend lins-Warner amendment was not in- out of the State’s performance agree- their careers building lives. ment. cluded in the tax legislation that Simply put, to teach is to touch a life emerged from conference. Thus, the tax Supporters of this provision use forever. terms like ‘‘consolidation of Federal relief measure signed into law by Presi- How true that is. I venture to say dent Bush did not contain the Collins- funds’’ and ‘‘flexibility,’’ but let’s be that every one of us can remember at honest. This is a block grant. This new Warner amendment. least one teacher and the special influ- The education legislation that will version of the Straight A’s proposal is ence he or she had on our lives. pass the Senate today, the Better Edu- an improvement over earlier versions, Even though we are all well aware of cation for Students and Teachers Act, but I remain concerned about the im- the important role our teachers play, it the BEST Act, is based on a principle pact this consolidation of funds will goes without saying that our teachers put forth by President Bush entitled, have on proven programs such as class are underpaid, overworked, and all too ‘‘No Child Left Behind.’’ size reduction, 21st Century Commu- often, underappreciated. As we move towards final passage of nity Learning Centers, and Safe and In addition to these factors, our legislation that will implement re- Drug Free Schools; and on professional teachers also expend significant money forms to achieve the goal of ‘‘Leaving development for teachers and other out of their own pocket to better the No Child Behind,’’ we must keep in school professionals. education of our children. Most typi- mind the other component in our edu- I regret that the Senate did not cally, our teachers are spending money cation system—the teachers. If we fail adopt an amendment offered by the out of their own pocket on: one, edu- to accord equal recognition to our Senator from Connecticut, Mr. DODD, cation expenses brought into the class- teachers, our children will be left be- to remove the 21st Century Community room—such as books, supplies, pens, hind. Learning Centers from this block paper, and computer equipment; and, Therefore, let me be clear: Senator grant, an amendment which I sup- two, professional development ex- COLLINS and I will not forget our teach- ported and which was supported by penses—such as tuition, fees, books, ers. many of my constituents. and supplies associated with courses Senator COLLINS and I will continue Another reason I will oppose this bill that help our teachers become even to work hard to ensure that our teach- is the inclusion of an amendment of- better instructors. ers receive recognition in the tax code fered by the Senator from Alabama, These out-of-pocket costs place last- for the many personal and financial Mr. SESSIONS, pertaining to discipline ing financial burdens on our teachers. sacrifices they make to better the edu- procedures for special education stu- This is one reason our teachers are cation of America’s youth. dents. This amendment is a huge step leaving the profession. Little wonder Mr. DOMENICI. Mr. President, I rise backward in the fight to protect the that our country is in the midst of a today to discuss the ‘‘Better Education civil rights of disabled students, and I teacher shortage. for Students and Teachers Act.’’ hope that the conferees on this bill will Estimates are that 2.4 million new Education no longer simply involves work to improve this language to en- teachers will be needed by 2009 because students learning the fundamentals of sure that those rights continue to be of teacher attrition, teacher retire- reading, writing, and arithmetic. Rath- protected. ment and increased student enroll- er, students must possess the resources In closing, this debate gave us the opment. to compete and succeed as we proceed portunity to strengthen public edu- While the primary responsibility into the new, highly technical millen- cation in America. Unfortunately, rests with the states, I believe the Fed- nium. many of the provisions contained in eral Government can and should play a The computer and the Internet have this bill may, in fact, undermine public role in helping to alleviate the nation’s become integrated into every aspect of education by blurring the lines be- teaching shortage. our lives, and are becoming essential tween public and private, between Here is an example of such help. On a teaching tools in our schools and a church and State, and between local Federal level, we can encourage indi- basic component of any classroom. To control and Federal mandates. I must viduals to enter the teaching profes- meet this challenge, we must strive for therefore oppose the bill, and I urge my sion and remain in the teaching profes- innovative ideas and to determine ex- colleagues to do the same. sion by reimbursing them for the costs actly how we can maximize the Federal IN SUPPORT OF OUR NATION’S TEACHERS that teachers voluntarily incur as part government’s resources because: Even Mr. WARNER. Mr. President, I rise of the profession. This incentive will on its best day the Federal Govern- once again today in support of the over help financially strapped urban and ment can never be a replacement for 3,000,000 teachers in this country. rural school systems as they recruit local administrators, educators, and In the early days of the debate on new teachers and struggle to keep parents. this education bill, I, along with Sen- those teachers that are currently in Simply put, New Mexicans are in a ator COLLINS, offered a Sense of the the system. far better position to know exactly

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6295 what our schools and students need result in dramatic improvements in Our schools will be held accountable than government officials here in student achievement. for their progress in educating our chil- Washington. Sadly, for all of our funding we sim- dren through high standards, testing, Most Washingtonians probably do ply do not have the matching results. and consequences for failure. Every not know the Corona School District For instance, in 1996 the average child in grades 3–8 will be tested in has 82 students, the Deming School reading score for a 4th grader was 212 reading and math proficiency annually. District has 5,300 students, and the Al- and the Federal Government spent In New Mexico alone about 151,000 buquerque School District has 85,000 about $11 billion on the ESEA. Five students will be tested. Also, the State students. Additionally, the Gallup years later, Federal spending on the will receive an additional $4.5 million School District encompasses nearly ESEA had nearly doubled to $20 billion, next year and more than $33 million 5,000 square miles, an area greater than while the average reading score of a 4th over the next seven years to offset any Rhode Island and Delaware combined. grader remained at 212. new costs. My point is simple, a one-size fits all In New Mexico, the number of 4th Instead of simply continuing to re- approach cannot work in New Mexico graders testing at or above proficient ceive increased Federal funding in the and will not work in many areas of our in reading actually fell from 23 percent face of failure, schools will now face country. Consequently, we must have in 1992 to 22 percent in 1998. I would consequences for persistent failure. solutions that are flexible and meet the submit that we are not receiving a very Schools failing to demonstrate im- diverse needs of our States, school dis- good return on our investment, a near provement will face corrective action, tricts, and schools. I would like to take doubling of funding with no cor- parents will be given the option of pub- a couple of minutes and provide my responding improvement. lic school choice and supplemental perspective on how we arrived at the Imagine saving a greater and greater services for their children, and ulti- point we are today with the BEST Bill. portion of your paycheck each week mately a school’s persistent failure Not too long ago during the mid and after five years actually having could lead to reconstitution. 1990’s a number of us came to the con- less money. I think it is fair to say Consolidation of duplicative edu- clusion that the current K–12 education that very few individuals would stand cation programs will provide maximum status quo could no longer be main- for these results, if instead of students local flexibility to focus on improving tained. I think this realization may we were talking about our retirement student achievement. For instance, Title II of the BEST Bill creates a new have been spurred by Senator FRIST’s savings. excellent work as the chair of the Sen- Thus, we are now debating the BEST State Teacher Development grant pro- ate Budget Committee Task Force on Bill because many of us believe we sim- gram with a substantially larger pot of Education. ply must have a new approach to meas- money by combining all of the current The Task Force produced: Prospects uring academic success. teacher funding. States will have the option to use the for Reform: The State of American The Bill fundamentally alters the funding for professional development; Education and the Federal Role. The practice of Washington deciding the teacher mentoring; merit pay; teacher report asked the simple question of best educational practices and then testing; as well as recruiting and train- ‘‘how well are our children doing?’’ distributing increasingly greater and ing high quality teachers. For example, The answer was mediocre at best be- greater sums of money without any ac- New Mexico maintains a commendable cause student achievement had stag- countability. Make no mistake, we student-teacher ratio of 15.2 and under nated over the past two decades even have not abandoned our commitment the Bill will no longer be required to though America had established a to providing the necessary resources to use a portion of these funds for class record of near universal access and our States and school districts. size reduction. In fiscal year 2001 ESEA spending to- completion of high school. Thus, the Instead, New Mexico will have the report concluded that we must address taled $18.4 billion. President Bush’s FY option to use that money for teacher the issue of a quality educational sys- 2002 Budget proposal requested a $19.1 recruitment and retention programs or tem. In other words the need for aca- billion authorization for ESEA for FY maybe additional training. demic competence and rigor. 2002, a nine percent increase. The new accountability provisions Building upon the excellent work of Building upon the President’s pro- will ensure that historic increases in the Task Force, Senator FRIST soon in- posal, the FY 2002 Budget Resolution Federal education funding will be troduced the ‘‘Education Flexibility includes the President’s nine percent based upon school performance. Partnership Act of 1999’’ commonly re- increase in federal education spending The Bill includes the President’s ferred to as ‘‘Ed-Flex.’’ for reading education, the Individuals ‘‘Reading First’’ initiative to ensure all The Bill simply said: one-size does with Disabilities Education Act, IDEA, children in kindergarten through third not fit all and thus, States should be and teacher training. I think it is also grade become proficient readers by the allowed to waive-out of the regulations important to note that on May 3 when end of third grade. The Bill also in- pertaining to certain Federal K–12 Edu- the Senate began debate, the BEST Bill cludes programs to create Math and cation programs. ‘‘Ed-Flex already ex- already authorized $27.7 billion for Science Partnerships, Strengthen isted as part of a demonstration pro- ESEA in FY 2002, a 57-percent increase After-School Care, and provide for gram and Senator FRIST’s Bill merely over 2001 and nearly $190 billion over Early Childhood Reading Instruction. sought to provide all fifty states with the authorization period of FY 2002– Parents and the public will be given that same flexibility. 2008. detailed school-by-school Report Cards The Senate passed the Bill over- If one does not believe that is enough on the performance of their schools. whelmingly by a vote of 98–1 and with- then you will be interested to hear how Parents will have the option to trans- in a month the President had signed much spending we have added since fer their child from a failing public the measure into law. Unfortunately, May 3: $11 billion in ESEA and other school to an effective public school after the passage of ‘‘Ed-Flex’’ for a va- education spending for a total of $38.8 with transportation provided or to re- riety of reasons there was not any fur- billion in FY 2002, an increase of 120 direct their child’s share of Federal ther fundamental changes made to our percent over FY 2001; $211 billion in funds toward tutoring or after-school K–12 system. ESEA and other education spending for academic services. Instead, since the last reauthoriza- a total of $416 billion over the seven Parents will be given the option to tion of the ESEA in 1994 there is one year authorization period of the Bill; transfer their child out of a persist- approach that we learned is a complete and of that total, $112 billion is manda- ently unsafe public school to another failure: merely providing more funding. tory spending under the Individuals public school of their choice. As Con- In 1996 the Federal Government spent with Disabilities Education Act, IDEA. gress proceeds, one of its primary mis- about $23 billion on education and With the preceding as a backdrop, I sions will be to determine what is within a few short years the number believe the BEST Bill follows the working, what is not working, and ballooned to over $42 billion in FY 2001. President’s promise to ‘‘Leave No Child what can be improved to give our chil- The logical conclusion is that a near Behind’’ by ensuring academic success dren a better chance of succeeding in doubling of educational funding would through a fresh approach to education. the future.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6296 CONGRESSIONAL RECORD — SENATE June 14, 2001 Before I conclude, I would like to sponsible for creating programs to fur- Only 20 percent of California’s fourth briefly talk about several provisions ther teacher recruitment and retention grade students are proficient in read- that are of personal importance to me. within the state. ing, ranking thirty-six out of thirty- First, Senator DODD and a bipartisan Thank you and I look forward to the nine states. California ranks thirty- group of Senators joined me earlier working with my colleagues on this two out of thirty-six states for pro- this year to introduce the ‘‘Strong important issue and final passage of ficient eight graders in reading, at Character for Strong Schools Act.’’ this Bill. twenty-two percent, according to Edu- I think it is important to note that Mrs. FEINSTEIN. Mr. President, the cation Weekly Quarterly Report, Janu- reform does not only apply math, bipartisan bill that the Senate has de- ary 2001. science, and reading; instead we must veloped over the last 2 months makes California is ranked seventh in the also reform the culture of our schools. major reforms in education policy by Nation for the highest number of Level Our Bill will be part of an amendment focusing on student achievement and I Literacy citizens, the worst level pos- offered by Senator COCHRAN and seeks by making schools accountable for re- sible, according to the National Insti- to encourage the creation of character sults. California’s public schools should tute for Literacy. education programs at the State and be strengthened by this bill. California spent $5,462 per student in local level by providing grants to eligi- This bill includes several important 1999, approximately $1,500 less than the ble entities. reforms. U.S. average, ranking 42nd out of 50 I believe our Bill builds upon the The bill extends the current require- states, according to Rankings and Esti- highly successful demonstration pro- ment that states must have academic mates; NEA Research, October 1999. gram to increase character education standards for reading and math and Now let’s compare U.S. students to that was contained in the last ESEA also requires states to establish stand- students in other countries. Students Bill. Since 1994, the Department of ards for science and history. in the United States also perform poor- Education has made $25 million in Students must reach a proficient ly compared to their international ‘‘seed money’’ grants available to 28 level within ten years by making con- counterparts. states to develop character education tinuous and substantial academic im- In literacy, 58 percent of United programs. provement. States high school graduates rank Currently, there are 36 States that To ensure that students are learning, below an international literacy stand- have either received Federal funding, states are required to test every stu- ard, dead last among the twenty-nine or have enacted their own laws man- dent in grades 3–8 annually in reading countries that participated, according dating or encouraging character edu- and math based on state standards. to Education Week, April 4, 2001. cation. Thus, the time is now to ensure To ensure accountability, schools U.S. eighth graders scored signifi- that there is a permanent and dedi- that fail for two consecutive years to cantly lower in mathematics and cated funding source available for make adequate yearly progress must be science than their peers in fourteen of character education programs. identified for improvement and also the thirty-eight participating coun- I also believe schools must not only must identify specific steps to improve tries, according to 1999 TIMMS have the resources for core missions student performance. Benchmarking Study. like teaching reading, writing, math, Local school districts must correct The percentage of teachers in the and the sciences, but the additional re- failing schools and states must correct United States that feel they are ‘‘very sources to face emerging challenges. failing districts either through new well prepared’’ to teach science in the Thus, I am extremely pleased the Sen- curriculum, restructuring the school, classroom is 27 percent. The inter- ate has accepted an amendment au- or reconstituting the school staff. national average is twice that, peaking thored by Senator KENNEDY and I to in- In order to improve teacher quality, crease student access to mental health this bill authorizes grants to states for at 56 percent, according to 1999 TIMMS services by developing links between teacher certification, recruitment, and Benchmarking Study. school districts and the local mental retention services. U.S. students’ knowledge of civic ac- health system. The bill enhances programs for lim- tivities ranked third out of the 28 coun- School districts would partner with ited English proficient children by pro- tries that participated. However, those mental health agencies, juvenile jus- viding teacher training and funds for same students have been slipping in tice authorities, and any other rel- programs to improve the English pro- scores relating to math and science. evant entities to better coordinate ficiency of these students. Source: Civic Know-How: U.S. Students mental health services by: improving The bill authorizes $1.5 billion for Rise to Test, International Association preventive, diagnostic, and treatment afterschool programs to help strug- for the Evaluation of Educational services available to students; pro- gling students get tutoring and other Achievement. viding crisis intervention services and help. I am very pleased that the Senate ap- appropriate referrals for students in There are many other important pro- proved several amendments that I sug- need of mental health services and con- visions. gested. tinuing mental health services; and It is my hope that this bill will offer One, title I funding: The bill revises educating teachers, principals, admin- opportunities for progress to many the funding formula for title I, Edu- istrators, and other school personnel California students, school officials, cation of Disadvantaged Children, to about the services. parents and the public. better reflect the growth in poor stu- Finally, we must provide our school California students perform very dents for States with growing student districts and schools with the resources poorly compared to students in many populations, giving California an in- to both recruit and retain the best other states. Our schools are struggling crease of $98 million over fiscal year available teachers for our children. on virtually every front. California has 2001, at the President’s fiscal year 2002 Earlier this year I introduced the some of the largest classes in the na- budget request level. ‘‘Teacher Recruitment, Development, tion; California has overcrowded and Two, title I use of funds: In an effort and Retention Act of 2001.’’ substandard facilities; California has to better focus title I funds on aca- I am very pleased to see elements of 30,000 uncredentialed teachers and a demic instruction, the bill prohibits that Bill included in the pending legis- projected enrollment rate triple that of school districts from using funds for lation. I am also grateful the Senate the national rate. the purchase or lease of privately- has accepted my amendment that will Here are some examples of how Cali- owned facilities, facilities mainte- allow States the option of using Teach- fornia’s schools fall short: nance, gardening, landscaping, jani- er Quality funds for the creation of Thirty-four percent of California’s torial services, payment of utility Teacher Recruitment Centers. schools that participate in Title I are costs, construction of facilities, acqui- Teacher Recruitment Centers will identified for improvement compared sition of real property, payment of serve as statewide clearinghouses for to the national average of 19 percent, travel and attendance costs at con- the recruitment and placement of K–12 according to the U.S. Department of ferences or other meetings, other than teachers. The Centers would also be re- Education. travel and attendance for professional

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6297 development. This is similar to the bill take advantage of these marvels will there be no doubt, resources are impor- I introduced, S. 309. be dependent upon a strong foundation tant and I am committed to providing Three, title I audit: The bill requires in the fundamentals of learning—read- substantial increases in education the Inspector General to conduct of ing, writing, math, and science. After funding. In each of the past 2 years, Re- audit to determine how title I funds all, a computer is nothing but a useless publicans in the Senate not only met are used and the degree to which they plastic and metal box, if a student President Clinton’s education funding are used for academic instruction. doesn’t know how to use it. Likewise, requests, but exceeded them by billions Four, master teachers: The bill in- the Internet, with all its possibilities, of dollars. However, money is only part cludes my amendment to allow use of is meaningless if a child can’t read the of the answer. The title I program was the teacher training funds in the bill words on the screen. enacted in 1965, in an attempt to close for school districts to create master Over the course of this debate, the the achievement gap between poor stu- teacher positions so school districts American people have had the oppor- dents and their wealthier counterparts. can increase teacher salaries for excel- tunity to view two contrasting visions Thirty-five years and $165 billion later, lent teachers to mentor and supervise for our Nation’s schools. For far too poor students still lag far behind their other teachers, in an effort to keep new long, the vision of too many has been wealthier peers by an average of 20 teachers in teaching. This is an out- based on the Washington-knows-best points on national achievement tests. growth of a bill I introduced on Janu- philosophy of the last 35 years. Under Worse yet, a recent appraisal by the ary 22, S. 120. this mind set, for every possible prob- National Assessment of Education Five, small schools: The bill allows lem in our schools, the Federal Govern- Progress found that the achievement the use of Innovative Education funds, ment should design a new Government gap among fourth grade students is title V, for States and districts to build program with new government regula- growing even wider—NAEP, 4/6/2001. smaller schools. The upper limits on tions and a new government bureauc- I am proud to say that President the number of students would be for el- racy. For instance, the Federal Govern- Bush, through his ‘‘no child left be- ementary schools, 500 students; middle ment provides only seven percent of hind’’ blueprint, has offered us a better schools, 750 students; and high schools, total spending on education yet de- vision. This legislation expresses the 1,000. This parallels my bill, S. 308. mands 50 percent of all school paper- obvious truth that parents, teachers, Six, HeadStart teachers: The bill al- work. This requires 25,000 education principals, and administrators have a lows forgiveness of up to $5,000 of fed- professionals struggling to fill out better understanding of the needs of eral student loans for college graduates forms in order to comply with Wash- their students than the Washington bu- who agree to teach in Head Start pro- ington’s onerous regulations rather reaucrats who will never meet these grams, in an effort to put more trained than teaching students. What folly and children, never learn their names, and teachers in pre-school programs, simi- what a colossal waste of time, talent, never come to understand their hopes lar to S. 123, which I introduced on and resources. and aspirations. This legislation pro- January 22. Under this flawed approach, a provides States and local schools unprece- Seven, gun-free schools clarification: gram is accountable if its triplicate dented flexibility to design and imple- The bill includes several clarifications forms’ are turned in on time and all ment programs tailored to their needs of the current Gun-Free Schools Act, the ‘‘I’s’’ are dotted and their ‘‘T’s’’ are with one requirement: results. the law which requires a one-year ex- crossed. Whether the program actually For the first time in history, we will pulsion for students who ‘‘bring’’ a gun helps students learn has too often been establish a blueprint for holding to school. This bill (1) includes stu- an afterthought. Simply put, school schools accountable for producing re- dents who ‘‘possess’’ a gun at school; districts are told to make their prob- sults. States will be required to set and (2) clarifies that the term ‘‘school’’ lems fit the federal government’s so- high standards and demonstrate means the entire school campus, any called ‘‘solutions’’ rather than allowing progress as measured by annual assess- setting under the control and super- schools the flexibility to design their ments. Now I recognize that annual vision of the local school district; and own appropriate solutions. testing is not the cure for poor per- (3) requires that all modifications of This leads one to the question ‘‘Has forming schools, much the same way expulsions be put in writing. this approach worked?’’ Not surpris- that an x-ray cannot heal a broken It is a good bill. American education ingly, it hasn’t. bone. But the x-ray will allow us to should benefit immensely from this Unfortunately, too many American better understand the problems and bill. Now the task is to provide suffi- children are falling behind. A recent more importantly, better develop the cient funding and other resources to study found that U.S. fourth graders solutions. Testing will help parents and our schools to implement the reforms are ranked third in the world in science teachers evaluate their students and we are passing. and compete favorably against their schools, determine which are strug- I look forward to working for the international counterparts in math. gling and why, and then ensure they re- bill’s final enactment. This same study shows that by the ceive the help they need to meet high Mr. MCCONNELL. Mr. President, I time these kids reach middle school, academic standards. rise today in support of S. 1, the Better they finish near the middle of the pack In a perfect world, these assessments Education for Students and Teachers, in math and science. Worse still by would show that all of our children are or BEST Act. Debate on this bill has high school, U.S. students rank 19th learning and that all of our schools are provided the Senate with an important among 21 industrial nations in Mathe- preparing them for the future. Unfortu- opportunity to assess the Federal Gov- matics and 16th in Applied Sciences, nately, experience tells us otherwise. ernment’s role in educating our chil- Third International Mathematics and Therefore, we must be prepared to pro- dren. It has given us the chance to Sciences Study. These results are unac- vide both the resources to help those strengthen the programs which are ceptable. How can we tolerate a system schools which are committed to change working and to reform those that are in which the longer American students and consequences for those which not. Most importantly the Senate has spend in school, the further they fall refuse. For those schools that spurn re- taken this opportunity to empower behind? We should not fool ourselves form and chronically underperform, I parents, teachers and local administra- into thinking that America’s inter- believe we must allow parents tors with new flexibility and resources, national competitors will sit idly by as choices—whether that be public school so that we can achieve the funda- we struggle to catch up. We must im- choice, supplementary tutoring serv- mental goal of our schools: helping prove our schools now in order to en- ices, or a private institution. I believe every student learn. sure that America’s students are pre- this point was best expressed by the America’s continued prosperity de- pared to compete and succeed at the editorial board of one of my home state mands a well-educated workforce. In highest levels. newspapers, The Paducah Sun, when it their lifetimes, our children and grand- Another failing of this Washington- encouraged the President and Congress children will witness scientific and knows-best vision is the belief that to ‘‘change the formula for reform by technological advances which are un- more money will magically solve all putting power in the hands of parents— imaginable today. Yet, their ability to that ails our nation’s schools. Let not education bureaucrats who have a

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6298 CONGRESSIONAL RECORD — SENATE June 14, 2001 vested interest in protecting the status ply providing them the necessary re- high percentage of adult illiteracy in quo.’’ I am pleased this bill takes some sources and allowing them the flexi- the school district? positive, first steps in that direction by bility to design solutions which will What if one of the reasons 8th grad- providing low-income children with ex- meet their particular needs. ers are failing at math turns out to be panded access to charter schools, other However, while I may not agree with a high absenteeism rate because of public schools, and private tutors. I am every amendment the Senate has safety concerns on the walk to school? deeply disappointed, however, the Sen- adopted, I believe that on balance this Such a finding needs be made pub- ate rejected Senator GREGG’s very legislation will empower parents, lic—and the school, county, State and modest proposal to provide these same teachers, and local administrators with Federal Government, along with com- children in chronically poor per- new flexibility and resources, so that munity-based groups, should be encour- forming schools with the option of at- we can achieve the fundamental goal of aged to creatively build appropriate tending a private school. our schools: helping every child learn. partnerships. While the President’s accountability DIAGNOSIS AND PARTNERSHIP These partnerships can then get to and assessment provisions are clearly Mr. GRAHAM. Mr. President, two of work and try to mitigate outside-the- the hallmark of the BEST Act, one the concepts that I am pleased to have school concerns. should not overlook several of the included in this legislation are the My wife Adele brought to my atten- other key provisions included the bill. principles of ‘‘diagnosis’’ and ‘‘partner- tion a school in North Florida, Andrew The President has stated that every ship.’’ Robinson Elementary in Jacksonville. child should read by the third grade I would like to thank Senators KEN- and the BEST Act incorporates his am- NEDY and GREGG for their assistance in Principal Erdine Johnson, of Andrew bitious ‘‘Reading First’’ initiative to including this amendment in this legis- Robinson Elementary school, realized meet that goal. lation. that many of her students could not do It also includes a new teacher em- I am also very happy to be joined by their best in the classroom because of a powerment initiative which allows my colleague GEORGE ALLEN of Vir- wide range of health concerns. school districts increased flexibility in ginia as the lead Republican sponsor of Instead of just declaring that ‘‘this solving their unique professional devel- this amendment. was a ‘health’ not an ‘education’ issue’’ opment problems: whether that is I can put a human face on this. the North Florida community sprung through hiring new teachers, retrain- I have done several workdays in into action, and we have a success ing current ones, instituting profes- schools facing this situation in story today. sional development programs, recruit- throughout Florida. In 1995, the University of Florida ing other mid-career professionals, or These workday experiences taught worked with Andrew Robinson to open reducing class size. me that when students struggle to a pediatric health center on-site. I am also pleased that the BEST Act meet performance standards, there is This pediatric center at Andrew Rob- includes the Straight A’s Demonstra- not one uniform cause of failure. inson offers services to the elementary tion championed by my colleagues, Because of that, there cannot be one school students, and provides health Senator GREGG and Senator FRIST. uniform remedy to turn a school outreach to the community. Straight A’s is the embodiment of local around. control. This demonstration project The staff members at the Center are School ‘‘A’’ may need a revised cur- a vital link between a child’s home en- would allow seven States, and up to 25 riculum, or better qualified teachers. local school districts, to receive most vironment and their ability to learn in While school ‘‘B’’, whose students are the classroom. of their Federal funds in the form of a scoring at the exact same level as single federal grant. In exchange for school ‘‘A’’ may need English-language The Center works with parents on this unprecedented flexibility, the par- tutors and eyesight screening for poor nutrition and wellness issues, and pro- ticipating school systems would be re- children who may not have had a vi- vides preventative screenings for the quired to meet even higher standards sion test in their lives. children. of academic achievement than already Perhaps the single most important Children living in healthy environ- required in the BEST Act. Jefferson action a school or a school district, can ments are more ready to learn, and County Public Schools, the largest take at the first sign that students are that has meant better test scores, and school district in Kentucky, has ex- struggling is a thorough analysis of better lives. pressed an interest in securing one of circumstances and conditions that are This is an example of what our these Straight A’s waivers and I hope impacting student achievement. amendment encourages—if a problem this fine school system is given full It’s my belief that this analysis outside the schools is identified—we consideration. should not only encompass factors that encourage creative community part- Over the past several weeks, the Sen- are within the school walls, but outside nerships to help solve it. ate has engaged in an earnest and live- the school walls, in the community, as Several organizations have joined ly debate. I am particularly proud of an well. Senator ALLEN and me in support of amendment I authored which the Sen- Before we start applying remedies to our amendment. ate adopted ‘‘The Paul D. Coverdell a struggling school from a menu of op- I would like to include for the Teacher Protection Act.’’ This legisla- tions—let’s take the first step and un- RECORD a letter of support from Daniel tion builds upon the work of our col- derstand what the specific challenges Merenda, the President and CEO of the league, Senator Coverdell, by extend- this particular school faces are. National Association of Partners in ing liability protections to teachers, It’s common sense. Education. principals, administrators who act in a I use an analogy of a physician: she He says, ‘‘Many of the problems fac- reasonable manner to maintain order must first diagnose the specific ailing our students are not because of the in the classroom. I am honored that ment, then she can prescribe the proper schools. These problems are created by the Senate adopted this amendment in treatment. circumstances and conditions found be- an overwhelming 98–1 vote, and I look It’s important that this same ‘‘diag- yond the school.’’ forward to working with the BEST nosis’’ step be included in each and Act’s conferees to ensure that it is in- every State education plan in America. Once the information is made public cluded in the final conference report. This leads to part two: Encouraging about specific concerns outside the This is not a perfect bill. At times partnerships. school walls, Mr. Merenda predicts the during this debate, the Senate has suc- In the course of identifying the par- creation of new partnerships and the cumbed to the easy temptation to cre- ticular challenges facing a struggling strengthening of existing partnerships. ate more of the narrowly targeted Gov- public school, what happens if one or I agree with his assessment. ernment programs designed to satisfy more of the factors impacting student I also have a letter of support from needs of one interest group or another. performance are outside the school? the education organization Commu- I believe the Senate could have better What if one of the reasons that third nities in Schools, headquartered in served America’s local schools by sim- graders are struggling to read is a very Senator ALLEN’s state of Virginia.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6299 And the Points Of Light Foundation COMMUNITIES IN SCHOOLS, time, States, districts, and schools will also endorses this amendment in a let- Alexandria, VA, May 3, 2001. be held accountable for improving the ter I would like to submit for the Hon. BOB GRAHAM, academic performance of all students. Hart Senate Building, RECORD. Moreover, the bill requires the timely Washington, DC. I want to again thank Senator ALLEN DEAR SENATOR GRAHAM: I am writing to identification of failing schools so ad- for working with me on this issue, and support your suggested ‘‘diagnosis’’ language ditional resources and support can be offer thanks to my colleagues for ac- for the Elementary and Secondary Education supplied to help those schools turn Act reauthorization. I have served for 25 cepting this amendment by voice vote. around, coupled with real consequences years as president of Communities In if that failure continues. We will have There being no objection, the mate- Schools, the nation’s leading community- to be vigilant, however, to ensure that rial was ordered to be printed in the based organization helping young people stay in school and prepare for life. Our net- the accountability system is workable, RECORD, as follows: work has grown to serve more than 2,300 and not weakened, during Conference. PARTNERS IN EDUCATION, schools, providing access to community re- Alexandria, VA, April 26, 2001. Over the past few weeks of debate, sources for over 1.3 million students. Based key amendments have passed, adding Hon. BOB GRAHAM, on our experience, I am completely con- Hart Senate Building, vinced that school/community partnerships further value to the legislation. One Washington, DC. are the most effective way to support stu- such amendment was offered by Sen- DEAR SENATOR GRAHAM, I write to support dent success when non-academic factors ators HARKIN and HAGEL to increase your suggested ‘‘Diagnosis’’ language for the must be addressed. funding for IDEA by annual increments ESEA Reauthorization. As you know the Na- If schools and students do not perform of $2.5 billion until the full 40 percent tional Association of Partners in Education well, the community stands ready to help. A share of funding is reached in fiscal represents thousands of schools, commu- careful diagnosis of the reasons behind poor year 2007. This amendment also frees performance, followed by a strong partner- nities and businesses throughout America up at least $28.9 billion, and up to $52.5 who form effective partnerships to support ship-building effort with community stake- holders, will turn around an ailing school. I billion, in education funds by shifting student success in and out of school. Our na- IDEA funding from discretionary to tional network of 7,500 members coordinates have seen it happen time and again. Please let me know if I can be of help to the work of millions of volunteers in schools. mandatory funding. This amendment you. Your amendment to the ESEA is criti- serves two worthy and important We recently completed Partnership 2000: A cally important to our nation’s children. goals: meeting our commitment to Decade of Growth and Change, a national Most sincerely, fully fund IDEA and by doing so, free- survey of school districts in the United WILLIAM E. MILLIKEN, States. The study examines school partner- President. ing up some of the needed resources for ships in a decade during which education title I and other elementary and sec- topped America’s national agenda. This sur- POINTS OF LIGHT, ondary education programs. vey of school partnerships provides a ‘‘next May 4, 2001. I was pleased to support this ex- chapter’’ to the baseline data we collected in Hon. BOB GRAHAM, tremely important amendment, as well 1990. The survey shows that schools in 69% of U.S. Senate, Hart Senate Building, districts nationwide are now engaged in Washington, DC. as two amendments by Senator partnership activities compared to 51% in DEAR SENATOR GRAHAM, I would like to WELLSTONE to improve the testing re- 1990. Over 35 million students benefit from take this opportunity to lend our support to gime in the bill. The first amendment school partnerships today, 5.3 million more your ‘‘Diagnosis’’ language for the Reauthor- ensures that the assessments meet rel- than in 1990. Nearly 3.4 million volunteers ization of the Elementary and Secondary evant national testing standards and serve in America’s school partnerships, Education Act (ESEA). The Points of Light are of adequate technical quality for roughly one for every 14 children in our Foundation was founded in 1990 with the mission to engage more people, more effec- each purpose for which they are used. schools. Volunteers log approximately 109 The Wellstone amendment also pro- million hours of work in and out of schools, tively in volunteer service to help serious so- roughly equivalent to 52,000 full-time staff. cial problems. vides grants to States to enter into The Foundation works in conjunction with partnerships to research and develop In light of these data, your suggested ‘‘di- over 470 Volunteer Centers cross the nation the highest quality assessments pos- agnosis’’ language makes sense. If commu- in building a grassroots service infrastruc- sible so they can most accurately and nity and business partners were aware of the ture in order to address each community’s specific problems facing a school and causing fairly measure student achievement. most pressing social dilemmas. As you know, The second amendment makes the students to struggle, they could direct their all to often, youth are disproportionately af- energy and attention to ‘‘fixing’’ the prob- fected by negative societal forces. We have quality of the test, rather than speed lem in and around the schools. Schools can found that the building of diverse, multi-sec- in developing the test, the factor for not do it alone. tor community coalitions, in addressing determining bonuses for states. Many of the problems facing our students youth issues, is one of the most effective pro- As my colleagues know, I have made are not because of schools. These problems tective factors. Your amendment directly facilitates the creation and implementation of improving our Nation’s school libraries are created by circumstances and conditions a top priority in the Senate and during found beyond the school. Partnerships are an such coalitions. ideal mechanism to address and resolve these In closing I would like to commend you on my time in the other chamber. Our problems. Your suggested language for the your proactive approach to ESEA Reauthor- school libraries have wasted away since reauthorization of ESEA will require that ization and wish you the very best success in dedicated Federal funding was elimi- schools or school districts take appropriate mitigating those negative forces impacting nated in 1981, and, as a result, too steps to partner with community groups to our nation’s youth. many students lack access to up-to- mitigate the problem. Sincerely, date, enriching books and other read- ROBERT K. GOODWIN, Senator Graham, the data we have col- President and CEO. ing material. Given the direct correla- lected indicates community partners are Mr. REED. Mr. President, as we come tion between well-stocked, well-staffed contributing time equivalent to 52,000 full school libraries and literacy and over- time staff to our schools . . . at no addi- to the end of the debate on the Elemen- tary and Secondary Education Act, all student achievement, my amend- tional cost. Can you imagine what this force ment, which passed on an over- could do if schools facing problems were to ESEA, reauthorization bill, I would ask for help? Your suggested language added like to share my thoughts on the bill. whelming 69 to 30 vote, authorizes $500 to the reauthorization of the ESEA could I plan to support S. 1, the Better Edu- million for up-to-date books and tech- make a significant and real contribution to cation for Students and Teachers, nology and other needed improvements the thousands of students who are in failing BEST, Act, but not without serious for our Nation’s school libraries. More- schools. reservations. over, it rightfully makes school librar- Let me know how we can help. We need the We have been working on this legisla- ies a key component of our effort to in- reauthorization of the Elementary and Sec- tion for 3 years now, and we certainly crease literacy, as embodied by the ondary Education Act to truly help Amer- have made some needed improvements President’s Reading First initiative in- ica’s school children. Your amendment does cluded in the bill. exactly that. over current law. The bill contains Sincerely, tougher accountability, more along the I have also worked to bolster current DANIEL W. MERENDA, lines of what Senator BINGAMAN and I law’s parental involvement provisions President and CEO. pressed for back in 1994. For the first based on the simple fact that parental

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6300 CONGRESSIONAL RECORD — SENATE June 14, 2001 involvement is a major factor in deter- and overcoming inertia at the local pressure on the States to harmonize mining a child’s academic success. Pa- level so that every student in America, their standards with their evaluations. rental involvement contributes to bet- particularly students from disadvan- Some States have found out it is not ter grades and test scores, higher taged backgrounds, has the oppor- practical to give a test to every child homework completion rates, better at- tunity to seize all the opportunities of every year because the tests have to be tendance, and greater discipline. The this great country. very individualized to capture all the bill already contained provisions I had We have an obligation to continue to nuances of those standards. pressed for, including ensuring title I work with the States and localities, in My sense is, and I have talked to edu- families can access information on a sense as their junior partner, but as cational experts in the States, the their children’s progress in terms they an important partner, to ensure that sheer requirement to test every child can understand; involving parents in every child in this country will have every year for grades 3 through 8 will school support teams that help turn the ability to achieve and obtain a inexorably lead the States to adopt around failing schools; requiring tech- quality public education. standardized testing which may or may nical assistance for title I schools and President Bush and our Republican not capture the standards in that par- districts that are having problems im- colleagues claim that this bill will ticular State. So this testing regime plementing parental involvement pro- leave no child behind, but simply add- could unwittingly move away from one grams; having States collect and dis- ing testing and flexibility to our ele- of the central elements we all agree on, seminate information about effective mentary and secondary schools with- carefully thought out standards and parental involvement practices to en- out providing adequate resources will evaluations that measure those stand- sure schools have information on how not do the job. ards. And that is why I supported Sen- to encourage and expand parental in- I have had many opportunities to ator HOLLINGS amendment to give volvement; ensuring parents are in- talk with the Secretary of Education States flexibility to waive the mandate volved in violence and drug prevention and other leaders in this administra- of annual testing if circumstances war- programs so parents can reinforce the tion with respect to their education rant. I am disappointed the amendment safe and drug-free message at home; re- goals. They talk a good game. They failed. quiring States and districts to annu- talk about accountability; they talk I hope we all recognize that testing ally review parental involvement and about standards. But then when you alone is not sufficient to improve our professional development activities of ask them: Where are the resources? schools. Identifying children who are districts and schools to ensure the ac- They say: Well, we really don’t need re- falling behind and schools that are fail- tivities are effective; and requiring sources. ing is just the first step. But, the hard- each local educational agency to make That is just not the case. Every est step is fixing the problem. available to parents an annual report American understands that education As we proceed to Conference, we need card which explains how a school is is worthwhile and that we must invest to ask ourselves: What are we really performing. in education, not just with words but doing to our kids? I believe we are im- In addition, this week, several with dollars, to make a high quality posing very strict testing regimes upon amendments I offered to further education a reality in the life of every our children. Yet if we don’t provide strengthen parental involvement were child. adequate resources to support improve- adopted. Key provisions were added to Access to increased resources and ment, such as smaller class sizes and ensure that teachers will receive train- funding plays a crucial role in improv- quality teachers, we will just be set- ing on how to work with and involve ing student achievement and turning ting them up for failure. We will be parents in their child’s education and around failing schools. For example, turning our backs on the children of to allow the use of technology to pro- recent changes in the Texas public this country, and I am sure that is no mote parental involvement. Most im- school financing system that preceded one’s intention. That is why I will con- portantly, a grant fund of $100 million President Bush’s terms as Governor of tinue to fight for adequate resources to will be established to help districts im- Texas have led to substantially equal- make sure that every child truly has plement effective parental involvement ized access to revenue for low and high the opportunity to achieve. policies and practices. All of these income school districts. Accordingly, Another aspect of this bill that is of changes go a long way to ensuring a co- reports indicate that test scores in great concern to me is the Performance ordinated focus on bringing schools and Texas have risen markedly in those Agreements demonstration program. parents together in the effort to in- poorest districts that received addi- Otherwise known as Straight A’s, crease student achievement, something tional money under the new financing this block grant has the potential to that is particularly needed in light of plan. This has been the case especially undermine the continued viability of the bill’s annual testing requirement in Houston, the home of Secretary important Federal standards, such as and other accountability mechanisms. Paige. targeting funds to schools and children Also, I am pleased that this bill con- Now, for the first time, these local with the greatest needs, improving tains important provisions from my school systems are getting the needed teacher quality, strengthening paren- Child Opportunity Zone Family Center funding to repair and modernize their tal involvement, and providing chil- legislation to foster the coordination schools, reduce class size, improve pro- dren with safe and drug free schools. and integration of key services to im- fessional development, and increase pa- We have a longstanding commitment prove student learning. rental involvement—conduct the kinds to the children of this country to ad- In addition, I am pleased that the of programs that really help children dress the needs that the states and lo- Senate handily rejected vouchers, succeed. A school district cannot pay calities cannot. By placing Federal dol- which would have been the wrong ap- for these programs with account- lars into state and local block grants, proach to helping our public schools. ability; real resources are necessary. In without targeting the Federal dollars In the midst of all of these improve- addition to the lack of a real commit- on programs identified to be of great ments, however, there are some trou- ment of resources beyond Senator HAR- national concern or ensuring compli- bling aspects to this legislation—the KIN’s IDEA amendment, I am also par- ance with Federal requirements and lack of guaranteed resources, the test- ticularly disappointed that both Sen- basic commonsense guidelines, we may ing regime, and the Performance ator HARKIN’s school construction be abandoning the neediest children of Agreement block grant. amendment and Senator MURRAY’s this country, denigrating parents’ While every Senator recognizes that class size reduction amendment failed. rights, and abrogating our commit- historically, constitutionally and cul- Another troubling aspect of this bill ment to ensure that every child has the turally, educational policy is the prov- is structure of the mandate that States opportunity to obtain a quality edu- ince of State and local governments, test each student from grades 3 to 8 in cation. the Federal Government does play a order to receive Federal education In fact, the States’ track record in role. And, we have played this role funding. We all recognize that testing ensuring that low-income students get quite robustly since 1965. The role may is an essential part of education, but their fair share of education funds is be described as encouraging innovation this mandate puts a lot of practical less than commendable. A March 2001

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6301 Education Trust study of education fi- parental involvement as S. 1 moves to unfunded mandates. Specifically, as a nance equity found that in 42 of 49 Conference. Our Nation’s parents de- former governor, I am concerned by the states there are substantial funding serve nothing less. inclusion of language in this bill that gaps between high and low-poverty Today, we live in a challenging, requires States to conduct assessments school districts. The average gap for international economic order, and stu- and meet Federal standards of progress the Nation was $1,139 per year per students from Rhode Island are not just under threat of financial penalty, yet dent. That translates into a total of competing with students from Mis- refuses to provide the resources local $455,600 for a typical elementary school sissippi and California; they are all communities need to meet the often of 400 students. competing against the very best and expensive requirements. This bill man- The Performance Agreement pilot is brightest around the globe. That re- dates 316 new tests nationwide, but it also not a benign, limited demonstra- quires investment. It requires raising does not provide the funding to the tion project by any stretch of the our standards and giving every child a States to implement them. Such man- imagination. Indeed, if the Secretary chance to reach those standards to en- dates are irresponsible and burdensome selects the 7 most populous States and sure that we have the best-educated for State and local governments, and the 25 largest school districts, the workforce that is competitive in a will force them to short change other number of students subject to Straight global economy. priorities or raise local taxes. In my A’s would be as high as 51 percent of If the education of our young people State of Nebraska, rigorous standards the Nation’s student population. is truly the No. 1 domestic priority in and assessments are in place; the addi- For example, if the Secretary selects the United States, as the President tional tests mandated by this legisla- California, Texas, New York, Florida, claims, then we must put our money tion are not critical to improving our Illinois, Pennsylvania, and Ohio to par- where our mouth is. Unfortunately, we schools. ticipate in Straight A’s, then, based on have not seen the administration come This issue aside, I am encouraged by 1998 figures, approximately 23 million forward and pledge the kind of re- the programs and the commitment to children would be subject to Straight sources necessary to achieve any real education quality improvement in- A’s. If the Secretary then chooses the reform. Instead, we are in danger of cluded in this legislation. The adoption 25 largest school districts in states having a risky testing scheme and no and inclusion of the Mentoring for Suc- other than those 7 states, then over 26 accountability without the resources cess Act in ESEA is a victory for chil- million children between the ages of 5 to make it all work. dren throughout the country who need and 17 would be subject to Straight A’s. While I support this bill and the sig- the benefit of a stable and caring role Earlier this week I discussed this nificant reforms we have passed, I will model. Programs like this one, which issue and my amendment, No. 537, continue to work vigorously to ensure seek to narrow the gap between the which sought to limit this unproven, that we provide every child with the have’s and the have-nots, are vital. If Straight A’s experiment to States and opportunity to achieve a world-class no child is truly going to be left behind districts that serve a combined student education. by our education system, it is impera- population of 10 percent of the total Mr. NELSON of Nebraska. Mr. Presi- tive that we fund initiatives like this national student population. dent, I would like to express my sup- mentoring program, as well as other I believe we must have ample oppor- port for the Elementary and Secondary programs like the President’s literary tunity to review and analyze data re- Education Act. Although my support is initiative, Reading First. This bill con- garding this program’s effect and its not without reservation, I believe that tains these initiatives, and they are impact on student achievement before the bill before us today contains much one of the reasons why I will support we consider subjecting more than half that will ultimately benefit America’s it. of our Nation’s children to this new schools and the children who attend Overall, this legislation makes great and unproven initiative, and I will con- them. The legislation’s intent—in- strides toward improving our edu- tinue to pursue this issue of the scope creasing student achievement, nar- cational system. It will help ensure and consequences of this ‘‘demonstra- rowing the achievement gap among mi- that all children, especially the need- tion project’’ as we move forward into nority and disadvantaged students, iest, will have access to the quality Conference. strengthening accountability, and in- education they deserve. Measures like Another problem with this program creasing local flexibility—are impor- loan forgiveness for Head Start teach- is its impact on key existing and new tant goals. Commitments in this bill to ers and efforts to improve teacher qual- parental involvement protections. improve school safety, to improve bi- ity, will assist in making certain that During negotiations on the Perform- lingual education, and to fully fund all children have access not to just any ance Agreements, protections were title I and IDEA were critical factors education, but access to a quality edu- added to ensure that some of the paren- in my decision to cast an affirmative cation. As I previously indicated, this tal involvement requirements of title I vote. Were it not for the inclusion of bill is headed in the right direction, would have to be followed. Unfortu- such key components, I would be less but it is not without flaws. I am hope- nately, those protections don’t go far inclined to support this bill today. ful that in the conference report crit- enough. Left unchanged, the bill would The issue of education itself is non- ical funding issues will be addressed. void large parts of the title I parent in- controversial; the way in which we While the initiatives the Senate has volvement requirements and other key educate our children, however, is. Be- approved are well intentioned, they parental involvement provisions that I, cause we are trying to define the way will not be worth the paper they are along with the National PTA, Chair- in which we can improve education and printed on if we cannot fully fund man KENNEDY, and others worked to the way that can best be accomplished, them. If education is truly a priority include in this bill. this bill deserves serious debate. for this Administration and for this The last thing we should do is adopt Personally, I have always believed Congress, the reality of funding levels an education bill that reduces parent that the Federal Government has a in this bill must be carefully consid- involvement and family rights. We role as a junior partner in crafting edu- ered. It is with confidence that I will should not put families in a position cation policy. The U.S. government in support this bill, however, in anticipa- where they find themselves with fewer that role, though, should not usurp the tion that the conferees will work to- rights by virtue of the fact that the State and local governments’ power to gether diligently to author a con- State or district in which they live has make education decisions that are ference report that is sensible, bal- chosen to participate in this program. more appropriately handled at the anced, and fiscally responsible. Our Every other initiative to provide State and local level. The line between children deserve nothing less; it is Con- flexibility to States and districts, in- the Federal Government’s role in edu- gress’ duty to make good on our prom- cluding Ed-Flex, has put parent in- cation and the State’s role is a delicate ises to leave no child behind. volvement provisions off limits, and one, and it should be respected. IMPROVING MATH, SCIENCE, AND ENGINEERING this bill should too, and I will continue One area where I believe this bill EDUCATION efforts to address this issue to ensure treads dangerously close to crossing Mr. WARNER. Mr. President, in our that we protect, rather than weaken, that line is with respect to the issue of efforts to ensure that the United

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6302 CONGRESSIONAL RECORD — SENATE June 14, 2001 States remains an economic and mili- In addition, the Judiciary Committee engineers, the rest of the world is mak- tary superpower in the 21st century, we report refers to a Hudson Institute es- ing up the difference. America is im- must strive to improve the quality of timate that states that the porting them. math and science education in this unaddressed shortage of skilled work- In several large countries—Japan, country. ers throughout the U.S. economy could Russia, China, and Brazil—more than Unfortunately, our schools today result in a 5 percent drop in the growth 60 percent of students earn their first need more support in preparing stu- of the GDP. That translates into ap- university degrees in the science and dents—in sufficient numbers—to meet proximately $200 billion in lost output, engineering fields. In contrast, in the the needs of our country. The statistics nearly $1,000 for every American. U.S., students earn about one-third of are alarming, as reported by the Na- In both the 105th Congress and the their bachelor-level degrees in science tional Commission on Mathematics 106th Congress, we addressed the high- and engineering fields, and this in- and Science Teaching for the 21st Cen- tech labor shortage by passing legisla- cludes social sciences. tury, The Glenn Commission, and by tion to increase the ceiling on the Engineering represents 46 percent of the National Assessment of Education number of H–1B visas—a visa for highly the earned bachelor’s degrees in China, Progress, NAEP. trained foreign workers coming to the about 30 percent in Sweden and Russia, Less than one-third of all U.S. stu- United States to work in a high-tech and about 20 percent in Japan and dents in grades 4, 8, and 12 perform at position. South Korea. In contrast, engineering or above the ‘‘proficient’’ achievement America was forced to do this be- students in the United States earn level in mathematics and science on cause our educational institutions are about 5 percent of all bachelor-level de- national tests. simply not producing the number of grees earned in this country. More than one-third of such students personnel needed in the high-tech sec- The demand for science and engineer- score below the basic level in these tor. ing degrees will only increase. Accord- subjects. In an effort to provide incentives for ing to the National Science Founda- And, among 20 nations assessed in ad- Americans to pursue a high-tech edu- tion, during the 1998–2008 period, em- vanced mathematics and physics, none cation, the H–1B visa legislation con- ployment in science and engineering scored significantly lower than U.S. tained very important provisions that occupations is expected to increase at students in advanced math, and only impose a $500 fee per H–1B visa petition almost four times the rate for all occu- one scored lower in physics. Our stu- that will be used to fund scholarships pations. Though the economy as a dents can and must do better. for Americans who choose to pursue whole is anticipated to provide ap- In an effort to improve math and education in these important fields. It proximately 14 percent more jobs over science education, I have joined with is estimated that this fee will raise this decade, employment opportunities roughly $450 million over 3 years to Senators ROBERTS, FRIST, COLLINS, and for science and engineering jobs are ex- create 40,000 scholarships for U.S. others in supporting much needed leg- pected to increase by about 51 percent, islation to help improve math and workers and U.S. students. Once again, I whole heartedly sup- or about 2 million jobs. science education in elementary and America must now take steps to en- port the H–1B scholarship fund. Never- secondary schools. This legislation is courage, at all levels of our edu- theless, I believe that we in Congress now part of S. 1, the Better Education cational process, young people to un- must do more. for Students and Teachers Act, the For the past several weeks, we have dertake the training necessary to meet BEST Act. been discussing education reform in our Nation’s demands. Not only will the math and science the Senate. However, during this de- We in the Congress must help in provisions in the BEST Act help im- bate we have failed to address the ques- every way to redirect these students prove math and science curriculum in tion of whether our educational system from other pursuits into curricula our elementary and secondary schools, is meeting our Nation’s vital economic which will train them. This is an abso- they will help our schools recruit even and national security needs. lute necessity if America is to remain better math and science educators, and Our national security is becoming secure economically in this one world make available additional professional more and more dependent on minds market and militarily with our na- development to these educators. trained in math, science, computer tional security commitments. While I wholeheartedly support these science, and engineering to survive. To Accordingly, I offered an amendment provisions, I believe we must go one ensure our country’s prominent role in to this education bill to encourage in- step further. Not only should we im- the future, we must look within our dividuals to pursue programs of study prove math and science education at borders to meet these needs. in math, science, and engineering. This the K–12 level, we must do something Unfortunately, today, a look inside amendment is cosponsored by Senators to encourage more individuals to enter our borders shows that this country is GORDON SMITH, ALLARD, and ALLEN. vocational schools and colleges and facing a dire shortage of math, science, The Pell Grant program is one of the universities in pursuit of programs of and engineering students. According to most successful and respected edu- study in math, science, and engineer- the National Science Foundation, NSF, cational initiatives taken by the Con- ing. the engineering, mathematics, and gress. The concept behind the Pell It is estimated that the technology science fields show declining numbers Grant properly recognizes the needs of driven economy of the 21st century will of degrees in the late 1980s and the young people coming from economic add approximately 2 million science 1990s: backgrounds which make it difficult and engineering jobs to the American From 1985 to 1998 there has been a 20 for them to acquire higher education. economy between today and 2008. percent decrease in the number of peo- I have in the past, and always will be For example, in one sector of Amer- ple receiving bachelor’s degrees in en- in the future, a strong supporter of the ica today, in Northern Virginia, there gineering, from 77,572 to 60,914. Pell Grant program. are over 20,000 high-tech jobs going un- In the last 10 years, the number of Nevertheless, we in the Congress filled month to month. students graduating with bachelor’s in have an obligation when expending tax- The Senate Judiciary Committee has physics has dropped by nearly 20 per- payer money, to do so in a manner that issued a report that clearly dem- cent, from 4,347 in 1989 to 3,455 in 1998. meets our Nation’s needs. Our Nation onstrates America’s crisis in meeting From 1986 to 1998 the number of stu- desperately needs more trained stu- the demand in our economy for persons dents receiving bachelor’s degrees in dents in math, science, and engineer- trained in the high-tech field. The re- mathematics has decreased greater ing. That is an indisputable objective. port quotes Cato Institute economist than 25 percent, 16,531 to 12,094. The Pell Grant program, in my judg- Daniel Griswold stating that, ‘‘Ameri- From 1986 to 1998 the number of stu- ment, offers Congress the opportunity cans are not earning specialized de- dents receiving Bachelors in Computer to provide incentives for student re- grees fast enough to fill the 1.3 million Science dropped more than 30 percent, cipients to pursue curricula in math, high-tech jobs the Labor Department from 42,195 to 27,674. science, and engineering. estimates will be created during the While the U.S. produces fewer and My amendment provides a 50 percent next decade.’’ fewer mathematicians, scientists, and greater award to Pell Grant recipients

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6303 who pursue a program of study in years ago and for the current fiscal Literacy and the Home Instruction math, science, and engineering. year is funded at $10 million. Program for Preschool Youngsters. The amendment is as simple as that. The National Writing Project has 169 This broad-based support is unprece- My Pell Grant amendment is one sites in 49 States, the District of Co- dented for a children’s television show. idea, but I am certain it is not the only lumbia, and Puerto Rico. It provides It is well deserved affirmation of the idea. As a member of the Senate’s Edu- training for 1 out of every 34 teachers Ready to Learn mission. cation Committee, I hope that my across the country. In addition, the Na- A recent study from the University chairman, Chairman KENNEDY, will tional Writing Project raises $6 in local of Kansas showed that children who schedule hearings to look into our sys- funding for every $1 in Federal funding watched Between the Lions a few hours tem of higher education and whether it receives, and has become a model per week, increased their knowledge of this country is on track to produce program for improving teaching in letter-sound correspondence by 64 per- graduates who meet the current and other academic fields such as math, cent compared to a 25 percent increase projected needs of this country. science, and reading. by those who did not watch it. The par- At this time, I withdraw my amend- Last fall, the Academy for Edu- ents and other care givers of more than ment in order to give the Education cational Development completed a six million children have participated Committee a sufficient opportunity to study which shows the improvement of in the local workshops and other serv- address this issue. student writing achievement as a re- ices provided by 133 public broad- At some time in this Congress, I fully sult of their teachers’ involvement in casting stations. intend to reintroduce an amendment the National Writing Project. The I am encouraged by the success of along these lines after the committee study evaluated the writing skills of Ready to Learn and look forward to a has reviewed the issues, after I get the 583 third- and fourth-grade students. new generation of children whose fami- views of the administration, and after The executive summary of the study lies will have access to the information the wide range of people who on a daily states: needed to develop a learning environ- basis review the Pell Grant program Overall, these findings show that students ment before they are enrolled in have an opportunity to share their in classrooms taught by NWP teachers made school. views as well. significant progress over the course of the These are two of the Educational AMENDMENT NO. 443 school year. Programs of National Significance that Mr. LIEBERMAN. Mr. President, I Last month, I held a Senate hearing I have been personally involved in rise today to clarify why I voted in Bay St. Louis, MS which examined starting. The others that are included against the Voinvich amendment No. the effectiveness of the National Writ- in this amendment are also proven ex- 443 to the ESEA reauthorization bill ing Project in my State. I heard from amples of federally funded education dealing with loan forgiveness for Head teachers and school administrators programs that will help us have a bet- Start teachers. It amends the Higher who gave compelling testimony about ter educated student population Education Act of 1965 to extend loan the positive results in their classrooms throughout the Nation. forgiveness for certain loans to Head and the improvement of their teaching I urge Senators to support the Start teachers. I thoroughly agree with skills attributed to participation in amendment. the ideas expressed in this amendment National Writing Project training. and have supported incentives for The amendment authorizes the con- Mr. SHELBY. Mr. President, teachers in the past. However, I could tinuation, subject to annual appropria- throughout this debate, we have wres- not support the amendment because it tions, of the National Writing Project. tled with how we best improve edu- was not germane to the ESEA reau- The amendment also reauthorizes re- cation for all of our children; whether thorization. I would have supported search based educational material de- it is more money, more flexibility, such an amendment in the context of livered by public broadcasting tele- more accountability, higher standards, the Higher Education Act. The amend- vision stations under the Ready To less bureaucracy, more choice. All of ment provided a tax credit for those in- Learn Television Act of 1992. The objec- these considerations and goals are wor- dividuals who agree to be employed as tive was to utilize the time children thy and certainly play an important a Head Start teacher for 5 consecutive spend watching television to prepare role in ensuring that our children re- years and have demonstrated knowl- them for the first year of school. Today ceive the best education possible. edge and teaching skills in reading, we know this program has resulted in But, there is one ingredient—one fac- writing, and early childhood develop- improved learning skills for the chil- tor—that without fail, is the most es- ment. I strongly believe that it is es- dren. sential to a child’s education and that sential that we have qualified individ- Recent research from the University is a parent. I submit that there is no uals employed in our Head Start pro- of Alabama and the University of Kan- school building, no computer, no TV, grams and working with our youngest sas tells us that Ready to Learn is hav- no textbook that can replace the role children. However, I voted against the ing a positive impact on children and of a parent when it comes to educating amendment, because it was not ger- their parents. The University of Ala- a child. And accordingly, no govern- mane to the ESEA legislation. I did so bama study found that Ready to Learn ment official or school official shares because together with other leaders on families read books together more the same interest as a parent in pro- the bipartisan negotiated education often and for longer periods than non- tecting and raising their child. I say compromise bill, I have agreed to vote participants. And, this is a fact that this because the amendment Senator against non germane amendments so surprises many, Ready to Learn chil- DODD and I are offering today is about that we will have a better chance to dren watch 40 percent less television ensuring the rights and responsibilities complete and pass this all-important and are more likely to choose edu- of parents in raising and educating ESEA reauthorization. The amendment cational programs when they do watch. their children. passed 76–24 and I am happy with the Using the best research tested infor- As parents, we entrust schools with results. mation available, Ready To Learn sup- our children in the hope and belief that EDUCATION PROGRAMS OF NATIONAL ports the development of educational, they will receive a strong education SIGNIFICANCE ACT commercial-free television shows for that will prepare them for the future— Mr. COCHRAN. Mr. President, my young children. Between the Lions, is that they will be taught and learn the amendment, the Education Programs the first television series to offer edu- basic foundations for success—reading of National Significance Act, would re- cationally valid reading instruction and writing, math and science. Parents authorize several elementary and sec- which has been endorsed by the profes- expect this. ondary education programs that have sional organizations that represent li- What they don’t expect and what been effective in improving the edu- brarians, teachers and school prin- many of them aren’t even aware of is cation opportunities of students cipals. Its partners also include: The that their children will be used as cap- throughout the country. Center for the Book at the Library of tive focus groups for marketers during One example is the National Writing Congress; the National Center for Fam- the school day. That is not part of the Project which as first authorized 10 ily Literacy; the National Coalition for bargain and, I submit, it shouldn’t be.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6304 CONGRESSIONAL RECORD — SENATE June 14, 2001 Last year a GAO study found that However, in working with the White such a tactic would be around very marketers and advertisers are increas- House, I believe we have addressed long. ingly targeting our children in the most of the these concerns as reflected I do, however, believe that the school setting. This is not some freak in our modified amendment. We have amount of interest and extensive lob- occurrence. It is a calculated mar- sought to minimize concerns over bying that has been shown on our little keting strategy that is intended to get ‘‘burden’’ by requiring parental con- amendment is a strong indication of around parents and reach kids directly sent for only those commercial/mar- how much money is being made on tar- in a way they could not normally. In a keting activities that seek to collect geting kids in the schools and how im- recent column raising concerns about information on children. portant it is to some marketers to get this phenomenon, George Will notes In addition, we have attempted to around parents and get access to our how marketers now study ‘‘marketing provide local flexibility —while ensur- children directly. practices that drive loyalty in the pre- ing parental involvement—by allowing Our modified amendment was crafted school market’’ and ‘‘the desires of tod- local school boards to provide addi- in consultation with the Administra- dler-age consumers.’’ In addition, mar- tional exceptions to the consent re- tion, and is supported by the National keters advise that ‘‘School is. . .the quirements so long as the information Parent Teacher Association, Commer- ideal time to influence attitudes.’’ they seek to collect is not personally cial Alert, the Eagle Forum, the Amer- There is no question that there is a identifiable and the school notifies the ican Conservative Union, Focus on the lot of money to be made in marketing parents of their policy on these data Family, and the Motherhood Project at to children. According to a report by collection activities. the Institute for American Values, the Motherhood Project at the Insti- Despite our good-faith efforts to ad- among other groups. tute for American Values, in 1998 dress legitimate concerns, I understand I am pleased with the acceptance of alone, children ages 4 to 12 spent near- that some financial interests may op- this amendment by the Senate and ly $27 billion of their own money and pose parental consent no matter what. thank the managers for their work on influenced nearly $500 billion in pur- They are willing to argue that requir- this bill and on our amendment. chases by their parents. As parents, ing parental consent imposes a burden I look forward to working with my many of us have probably felt like it on local schools. colleagues as the bill is considered in was a lot more than $500 billion at I fundamentally disagree and submit conference. times. that if we have come to the point Mr. KENNEDY. I ask unanimous con- I am all for free enterprise. But, where we consider parents a burden sent the Senate now proceed to the there are boundaries. And, marketers and parental consent a mandate—then consideration of House companion H.R. are crossing those boundaries when we have a bigger problem in this coun- 1; that all after the enacting clause be they seek to go into public schools and try. Parents a burden? I say we need stricken, and the text of S. 1, as collect marketing information on chil- more such local burdens in our schools, amended, be substituted in lieu there- dren without parental consent. A re- not less. You simply can’t get more of, and the Senate proceed to vote on cent editorial in the Christian Science ‘‘local’’ than a parent. final passage of the bill; that the Sen- Monitor echoes this sentiment. And as a corollary to this, I would ate insist on its amendment, request a Schools are for learning, not market re- suggest that these interests have it conference with the House— search . . . Businesses do have a role in edu- backwards. It is rather the local Mr. LOTT. Reserving the right to ob- cation. They can lend financial and other kinds of support, and be recognized for such. schools that are interfering in the ject, I believe there has been a modi- But educators and businesses also need to rights of parents. Schools exceed their fication. recognize boundaries—and stay within them. authority when they allow third par- Mr. KENNEDY. If I could restate it: I Congress has acted in the past to pro- ties to come in to the classroom and ask consent that the Senate proceed to vide some boundaries to schools and collect information on children for consideration of the House companion, protect parental rights and children’s strictly commercial purposes. H.R. 1; that all after the enacting privacy. The Family Education Rights We have tried to focus this amend- clause be stricken, and the Text of S. 1, Protection Act, the Protection of Pu- ment on those non-educational activi- as amended, be substituted in lieu pil’s Rights Act and the Children’s On- ties that parents traditionally main- thereof, the bill be read a third time, line Privacy Protection Act all provide tain authority over. Parents have a and that the Senate proceed to vote on parents with some ability to protect tough enough time trying to raise and final passage of the bill. how information is collected and instill certain values in their children. I further ask consent S. 1 be returned shared on their children. None of these Schools should not be a parent-free to the calendar. laws, however, protect parents’ rights zone where marketers get unfettered Mr. REID. I suggest the absence of a when third party marketers seek to access to children that they would not quorum. collect similar information from their otherwise be able to achieve anywhere The PRESIDING OFFICER. The children in the classroom. else. clerk will call the roll. Our amendment seeks to address this There is nothing intended in this The assistant legislative clerk pro- gap in the law and reenforce these amendment to disadvantage public-pri- ceeded to call the roll. boundaries by ensuring that when third vate partnerships in our schools. And, Mr. GREGG. I ask unanimous con- parties want to come in to the class- in fact, most public-private partner- sent that the quorum call be rescinded. room and conduct market research and ships have nothing to do with col- The PRESIDING OFFICER. Without collect information on our children for lecting personal information on chil- objection, it is so ordered. strictly commercial purposes, they dren. Indeed, I continue to believe that The foregoing request is agreed to. have to ask the parent. many of these relationships can be Mr. GREGG. We are about to go to We are not breaking new ground here very positive for schools and students. final passage. I wanted to thank staff other than filling in gaps in existing We want to encourage, not discourage on both sides. This bill has been on the law. In addition, parental consent is al- many of these relationships. floor for 7 weeks. Their tireless efforts, ready required for many other activi- But, I submit that these public-pri- literally hours, days, nights, and week- ties that occur in the schools, includ- vate partnerships should be able to ends, on behalf of moving this bill ing extracurricular activities, field withstand the scrutiny of parents when along have been extraordinary. trips, and internet access. Indeed, pa- they seek to collect information on On my staff, of course, Denzel rental consent is required before stu- their children. If it is in their child’s McGuire led the effort and did an ex- dents may participate in the Every- interest—you can be sure a parent will ceptional job. Jamie Burnett, Rebecca body Wins Program that many Mem- give their permission. I don’t know of Liston and other folks, so many it is bers and staff of this body participate any reputable company whose business hard to mention, as well as John in. model would be based on intentionally Mashburn, Andrea Becker, Holly I know there have been concerns and skirting parental rights and targeting Kuzmich, and Raissa Geary on our side questions raised about our amendment children directly in the schools. And, I have all worked extraordinary hours to and active lobbying against our efforts. doubt, that any business that relied on make this work.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6305 We also thank the professional staff NAYS—8 were a good many differences that were of Senator KENNEDY, led by Danica and Bennett Hollings Nickles expressed. It does not surprise any of other members of their staff. Feingold Inhofe Voinovich us who are on that committee because Mr. KENNEDY. I express my thanks Helms Kyl he has been a leader in the area of edu- now, and I will do so at the conclusion NOT VOTING—1 cation over his entire career in the and hope they understand we appre- Inouye Senate as well as in the House of Rep- ciate this. The bill (H.R. 1), as amended, was resentatives. There are many features in this legis- I ask for the yeas and nays. passed. lation that have been included of which Mr. GREGG. If the Senator will sus- (The bill will be printed in a future he was really the architect many years pend, on behalf of Senator WARNER, I edition of the RECORD.) ago. So I think all of us who are mind- ask unanimous consent to withdraw Mr. KENNEDY. I move to reconsider ful of the progress that has been made his previously submitted amendment the vote. join in paying tribute to Senator JEF- No. 792. Mr. REID. I move to lay that motion FORDS for his remarkable leadership. I The PRESIDING OFFICER. Without on the table. objection, it is so ordered. think this body will continue to benefit The motion to lay on the table was from his continued involvement. We Mr. DASCHLE. Mr. President, this agreed to. certainly depend upon it, and I know will be the last vote of the week. There The PRESIDING OFFICER. The Sen- America’s children depend upon it as will be no session tomorrow. We begin ator from Nevada. well. again on Monday. There will be no Mr. REID. Madam President, I ask I thank Senator JEFFORDS for all of votes on Monday. For the information unanimous consent that it be in order his good work. of all Senators, the first vote will occur for the clerk to make technical and f sometime on Tuesday, but we will be in conforming changes to any previously session on Monday. agreed to amendments with respect to MORNING BUSINESS I yield the floor. the ESEA bill. Mr. REID. Madam President, I ask Mr. KENNEDY. I ask for the yeas and The PRESIDING OFFICER. Without unanimous consent that there now be a nays. objection, it is so ordered. period of morning business with Sen- The PRESIDING OFFICER. Is there a AMENDMENT NO. 441, AS FURTHER MODIFIED ators permitted to speak therein for up sufficient second? Mr. REID. Madam President, I ask to 10 minutes each. There is a sufficient second. unanimous consent that the Lugar The PRESIDING OFFICER. Without The yeas and nays were ordered. The amendment No. 441 be further modified objection, it is so ordered. PRESIDING OFFICER. Under the pre- with the technical change that I now Several Senators addressed the vious order, the bill will be read the send to the desk. Chair. third time. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- The amendments were ordered to be objection? ator from Mississippi. engrossed and the bill to be read a Without objection, it is so ordered. f third time. The modification is as follows: THE PRESIDENT’S TRIP TO The bill was read a third time. On page 265, line 25 strike ‘‘identified’’ and EUROPE The PRESIDING OFFICER. The bill all that follows through ‘‘Secretary’’ on line Mr. COCHRAN. Madam President, I having been read the third time, the 1 of page 266, and insert ‘‘nationally avail- am pleased to address the Senate to ap- able’’. question is, Shall the bill pass? plaud the leadership being shown by The clerk will call the roll. The PRESIDING OFFICER. The Sen- President Bush during his visit with The legislative clerk called the roll. ator from Nevada. leaders in Europe. I like the straight- Mr. REID. I announce that the Sen- Mr. REID. Madam President, before forward and forceful way he is express- ator from Hawaii (Mr. INOUYE), is ab- we turn to morning business, there is ing his views on international security sent. one thing I would like to say. I have issues, especially on the subject of mis- The PRESIDING OFFICER. Are there been on the floor during the entire 8 sile defenses. any other Senators in the Chamber de- weeks of this debate on the education In March, the President dispatched siring to vote? bill. A great deal of that time—about 6 senior administration officials around The result was announced—yeas 91, of the weeks—I spent with Senator the world to discuss with leaders of nays 8, as follows: JEFFORDS as a manager of this bill. I other nations the plans he was consid- [Rollcall Vote No. 192 Leg.] just want to make sure everyone un- ering to deploy defenses against bal- derstands his contribution to this piece YEAS—91 listic missiles. The Secretary of State, of legislation. the Secretary of Defense, and high- Akaka Domenici McConnell He was chairman of this committee. Allard Dorgan Mikulski level administration teams have Allen Durbin Miller His substitute is what we accepted. In worked hard to ensure that our friends Baucus Edwards Murkowski the kind of glow of having finished this and allies understand why the United Bayh Ensign Murray legislation—we are all happy to finish States intends to deploy these new de- Biden Enzi Nelson (FL) Bingaman Feinstein a major piece of legislation; the Presi- fensive systems. Nelson (NE) dent should be happy—I just want to Bond Fitzgerald Reed This week European leaders are hear- Boxer Frist Reid make sure everyone understands the ing directly from the President his per- Breaux Graham Roberts great contribution to this piece of leg- Brownback Gramm sonal views on this issue. At his first Bunning Grassley Rockefeller islation made by the junior Senator stop in Madrid, President Bush said Burns Gregg Santorum from the State of Vermont. Sarbanes that the task of explaining missile de- Byrd Hagel The PRESIDING OFFICER. The Sen- fense ‘‘starts with explaining to Russia Campbell Harkin Schumer Cantwell Hatch Sessions ator from Massachusetts. and our European friends and allies Carnahan Hutchinson Shelby Mr. KENNEDY. Madam President, I that Russia is not the enemy of the Carper Hutchison Smith (NH) join my friend and colleague, Senator United States, that the attitude of mu- Chafee Jeffords Smith (OR) REID, in paying tribute to JIM JEF- Cleland Johnson Snowe tually assured destruction is a relic of Clinton Kennedy Specter FORDS at the time of the completion of the Cold War, and that we must ad- Cochran Kerry Stabenow this legislation. As the Senator right- dress the new threats of the 21st cen- Collins Kohl Stevens fully pointed out, Senator JEFFORDS tury if we’re to have a peaceful con- Conrad Landrieu Thomas Corzine Leahy was really the architect of the develop- tinent and a peaceful world.’’ Thompson ment of the core aspects of this legisla- Craig Levin Thurmond The Prime Minister of Spain, Mr. Crapo Lieberman Torricelli tion and presided over a very extensive Aznar, responded to President Bush’s Daschle Lincoln Warner markup. He was able to bring the com- Dayton Lott remarks by saying: Wellstone DeWine Lugar mittee to a unanimous vote of support [I]t is very important for President Bush Dodd McCain Wyden for that legislation even though there to have decided to share that initiative with

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6306 CONGRESSIONAL RECORD — SENATE June 14, 2001 its allies, to discuss it with them, to estab- that is all that their current deterrence ar- eight votes in the ‘‘nay’’ column, and lish a framework of cooperation with his al- rangements provide for, then I think it’s un- one of those eight was mine. I don’t lies with regard to this initiative and, as he derstandable that they should want to look usually find myself that isolated. I announced, to also establish a framework for for more sophisticated and more effective, thought on this occasion that it would discussions, cooperation, and a new relation- and at the end of the day, more humane ways ship with Russia. of dealing with these problems.’’ be appropriate for me to explain why I voted against this bill. The Prime Minister also said: Czech Republic—President Havel (June 13, 2001): ‘‘. . . the new world we are entering I am not sure what I would have done What I am surprised by is the fact that cannot be based on mutually assured de- had my vote been decisive, because I there are people who, from the start, dis- struction. An increasingly important role recognize that we need to pass an ele- qualified his initiative and, in that way, they should be played by defense systems. We are mentary and secondary education bill. are also disqualifying the deterrence that a defensive alliance.’’ has existed so far and probably they would Hungary—Prime Minister Orban (May 29, We need to move forward on an issue also disqualify any other kind of initiative. 2001): ‘‘The logic of the Cold War, mutual de- that President Bush has correctly iden- But what we’re dealing with here is an at- terrence, would not give a reply to the prob- tified as our No. 1 domestic priority. tempt to provide greater security for every- lems of the future. It is important that Nonetheless, I was troubled enough by one. And from that point of view, that initia- North America and Europe should work the bill that I voted against it and tive to share and discuss and dialog and jointly on solutions demanded by the new re- wanted to make my reasons clear in reach common ground with the President of alities.’’ the hope they might influence the con- the United States is something that I great- Italy—Prime Minister Berlusconi (June 13, ly appreciate. 2001): ‘‘We agree that it is necessary for a ferees. I have three reasons for voting Today the news reports indicate that new, innovative approach in our policies towards these new threats.’’ against this bill. The first one is many other European leaders agree Defense Minister Martino (June 11, 2001): money. The cost of this bill is twice with the sentiments expressed by the ‘‘[Missile defense] would not be directed what it was when the bill hit the floor Prime Minister of Spain. The most con- against the Russian Federation today; the to begin with. We added money here; spicuous exceptions have been France aim is to protect us from unpredictable moves by other countries. It is in the inter- we added money there. We had a and Germany. drunken sailor’s attitude toward this I commend President Bush for his ef- ests of peace, of all of us.’’ Japan—Prime Minister Koizumi (June 7, situation: Education is wonderful; let’s fort to modernize our defenses against 2001): ‘‘This is very significant research be- throw money at it. terrorism and ballistic missiles. Inter- cause it might render totally meaningless I am troubled by that kind of view nationally, we remain vulnerable to the possession of nuclear weapons and bal- with respect to how we should legislate these threats. We can no longer inten- listic missiles.’’ around here. It struck me as being a Poland—President Kwasniewski (June 13, tionally choose to accept that on be- bit out of control. half of our citizens. Nor can peace-lov- 2001): ‘‘[The U.S. missile defense plan is a] ‘‘visionary, courageous, and logical idea.’’ Secondly, as I heard more and more ing people anywhere in the world tol- Defense Minister Komorwski (May 27, from the people in Utah who will have erate the continued intentional vulner- 2001): ‘‘Poland has looked upon U.S. declara- to live under this bill, they kept saying ability that this policy ensures. tions on the necessity of establishing a mis- to me, This feels an awful lot like a President Bush realizes this and is sile defense system with understanding from Federal straitjacket. This feels an doing what is necessary to remedy the the very start. We . . . see the modification awful lot like Federal control. This situation. He is making it clear that he of the project to provide for a ‘protective shield’ for European allies as a step in the feels an awful lot like we are losing the will unilaterally reduce our stockpile power to run our own schools. I find of nuclear weapons to the lowest level, right direction. This can only enhance defense capabilities but also strengthen the that troubling as well. As some of my compatible with the need to keep the unity of NATO. The territory of Poland and colleagues have said, I didn’t run for peace. And he is consulting with our al- the Polish defense system may become a key the federal school board; I ran for the lies and others in an effort to explore element of an allied missile defense struc- U.S. Senate. new agreements that will further pro- ture.’’ Many of the decisions that were tect our common security interests. Secretary of the National Security Council made with respect to this bill were de- Siwiec (May 18, 2001): ‘‘The ABM Treaty . . . He acknowledges that everyone, not cisions that were made on the assump- even our closest allies, will agree with stands in the way of building a new security system. The debate on the missile shield is tion that Washington knows better us on everything, but President Bush not unlike protests of steam engine users than the local school boards, and that holds out hope for new understandings. against the inventors of rocket engines . . .’’ assumption troubles me. He said at one news conference: Romania—Defense Minister Pascu (June It is because of the third reason, as I I don’t think we are going to have to move 12, 2001): Romania understands the U.S. de- looked at the bill as a whole, that I de- unilaterally, but people know I am intent on sire for protection from missile attack and cided to vote against it. I am pas- would have ‘‘no objection at all’ even if the moving forward. sionate enough in my commitment to The President is doing the right U.S. proceeded unilaterally. Regarding those in Europe that dismiss the threat of missile education that I could swallow the idea thing and setting the right tone in pro- attack, Pascu said ‘‘It is a real danger. To of more money. Frankly, if we were viding this kind of leadership at this some, it is not because they don’t want it getting the right results, I could look particular time. It is a very important [missile defense] done.’’ the other way and say, Well, since we step in achieving a higher level of secu- Slovakia—Prime Minister Mikulas (June 8, are getting the right results, I can tol- rity for all the world, not just for the 2001): ‘‘We have always perceived the United erate increased Federal control. United States. States as the protector of democratic prin- But this bill is not a step forward in I ask unanimous consent that a list ciples in the world and we understand the alliance (NATO) as a defense community. So education. This bill is overwhelmingly of quotations from those supporting we consider the missile defense project to be timid. It has almost no significant new U.S. missile defense plans be printed in a new means of collective defense . . ., a se- initiatives in it. It is simply funding the RECORD. curity umbrella for this democratic society the status quo to the maximum. The There being no objection, the mate- and therefore in general we support this more I look at education, the more I rial was ordered to be printed in the project.’’ think we need to break out of the sta- RECORD, as follows: Spain—Defense Minister Trillo (May 23, tus quo. We need to try new things. But 2001): ‘‘The [U.S.] missile initiative . . . is QUOTES SUPPORTIVE OF U.S. MISSILE DEFENSE neither an aggressive initiative—it is a de- any time a suggestion was made that PLANS fensive one—nor a nuclear escalation, but we try something new, even on a pilot Australia—Foreign Minister Downer (June rather, on the contrary, a means of deter- basis in a very limited sense in just a 1, 2001): ‘‘We’ve said to the Americans that rence of the buildup of nuclear weaponry.’’ few places, it was swatted down. we are understanding of their concerns about The PRESIDING OFFICER. The Sen- People talk about Government as if the proliferation of missile systems . . . if a ator from Utah. inertia at rest is the problem, that rogue state were to fire a missile at the nothing ever gets done. It is my experi- United States, would an appropriate re- f ence that it is inertia of motion that is sponse be for the United States to destroy all VOTE ON ESEA AUTHORIZATION of the people in that country? And I think, the problem with Government. It is not understandably, the Americans are saying Mr. BENNETT. Madam President, just the law of physics. A body in mo- that may be a slight over-reaction. And if the vote we just had recorded only tion tends to stay in motion and in the

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6307 same direction, whether it is a body privilege of serving our country in the Member of this body and a great friend moving through space in the physical U.S. Army understand that. to the veterans of America. world or whether it is a Government Last week, I was in Crawford, Ne- I served in the Army. I was a week- agency moving through regulations braska. I am helping with the renova- end warrior. I defended the shores of that always does things the same way. tion of the historic barracks at the old Connecticut from outside aggression It keeps things going. It takes yester- Ft. Robinson in western Nebraska. over the years. But, I am deeply proud day’s answers and tries to force them Ft. Robinson was home to the U.S. to have worn the uniform of the Army on today’s problems. Army’s ‘‘Buffalo Soldiers’’—the heroic while rising to the rank of E4. I am As I look at this bill overall, I do not black soldiers who fought as part of the even more proud of my friend for his see the boldness, the freshness, the U.S. Army after the Civil War into the wonderful service and for what he has challenge to do something different early 20th Century. done in public life after his service. I and try to break out of the old patterns The 9th Cavalry Buffalo Soldiers join him in wishing happy birthday to that, frankly, were there when Presi- called Ft. Robinson home from 1885 to our friends in the U.S. Army. dent Bush first submitted his edu- 1898. And the 10th Cavalry Buffalo Sol- Mr. HAGEL. Madam President, if I cation plan. We, in this body, have diers were stationed at Ft. Robinson may respond to my friend from Con- added so much baggage to that exciting from 1902 to 1907. necticut, it is common knowledge that first motion that it is hard to recognize It is also interesting to note that Ne- E4s run the Army, so I salute him with the President’s initiatives in this bill. braska was home to the 25th Cavalry a big ‘‘Hooah.’’ They are buried under piles of money Buffalo Soldiers who were stationed at f and piles of directions that are rooted Ft. Niobrara, in the north central part THE ELEMENTARY AND in the status quo and in the past. of Nebraska, from 1902 to 1907. SECONDARY EDUCATION ACT So I decided that the bill is going to The Buffalo Soldiers made up about pass, regardless of what I try to do. But twelve percent of the U.S. Army at the Mr. DODD. Madam President, I want if I can draw a little bit of attention to turn of the Century and they served to spend some time talking about the the fact that the bill is not, in fact, as our country valiantly and with great reauthorization of the Elementary and bold, as innovative, and as hopeful as it distinction. Secondary Education Act of 1965, which started out to be by casting a negative Eighteen Buffalo Soldiers earned the we passed just a few minutes ago. vote, then that would justify casting a Medal of Honor, our Nation’s highest First, I commend my friend and col- negative vote. award, fighting on the Western fron- league from Massachusetts, the chair- I don’t expect very many people will tier. Five more earned the Medal of man of the committee, for his con- listen to what I have to say, and I don’t Honor for service during the Spanish tinuing leadership in the area of edu- expect very many people will pay at- American War. cation. Senator KENNEDY has been a tention to the vote I have cast. But I ‘‘Duty, honor, country’’ is the motto tireless champion of children and fami- remember when I first came here as a of the U.S. Army. It is America. Every lies and is now into his fifth decade young Senator, someone said to me, generation of Americans who have here in the Senate. He has no equal Cast your vote with this in mind—how served in the U.S. Army—from the when it comes to his passion for serv- will you feel as you drive home think- Continental Army to the Buffalo Sol- ing those in need, and demonstrated ing about it after the debate is over? diers to today’s fighting men and that passion once again during his I decided that as I drove home think- women—have been shaped by this management of this bill over the past 6 ing about this one that I would drive motto. or 7 weeks. home feeling better having cast the It has molded lives in ways that are I also want to join with those who protest vote than I would if I had gone hard to explain, just as the Army has have commended our colleague, Sen- along with the large majority of my touched our national life and history ator JEFFORDS of Vermont. Senator colleagues. and made the world more secure, pros- JEFFORDS is the former chairman of I don’t mean to suggest that anyone perous, and a better place for all man- this committee. We were elected to who voted for this bill was not voting kind. Congress together more than a quarter out of complete, sincere dedication to On this 226th birthday of the U.S. century ago. He has been a wonderful the idea that this is something good. I Army, as a proud U.S. Army veteran, I friend and fellow New Englander and in don’t mean to question the motives of say happy birthday to the Army vet- large part is responsible for the out- anybody else. I simply want to explain erans of our country. We recognize and lines of the bill just adopted by a sub- my own. This bill has grown too expen- thank those who served and whose ex- stantial vote. In his quiet way, JIM sive. This bill has grown into too much amples inspired those of us who have JEFFORDS made a very profound and Federal control. And the end result, in had the opportunity to serve in the strong imprint on this legislation. terms of timidity and support for the U.S. Army. Although much attention has been status quo, is simply not worth those It is the Army that has laid the foun- focused on political events over the first two. That is why I opposed the dation for all of this nation’s distin- last few weeks associated with our col- bill. guished branches of service and helped league from Vermont, that should not I hope the product that comes back build a greater, stronger America. overshadow his substantive commit- to us from conference will be better Mr. President, on this, the 226th ment to the quality of education in and that I will then be in a position to birthday of the Army, I say Happy this country, and this reauthorization support it. Birthday and, in the great rich tradi- of the Elementary and Secondary Edu- The PRESIDING OFFICER. The Sen- tion of the U.S. Army, I proudly pro- cation Act is one of the finest examples ator from Nebraska is recognized. claim my annual Senate floor of his efforts over the years. So I com- f ‘‘HOOAH!’’ mend him for his work. The PRESIDING OFFICER. The Sen- I thank my friend from New Hamp- 226TH BIRTHDAY OF THE ARMY ator from Connecticut. shire, Senator GREGG, who is a tremen- Mr. HAGEL. Madam President, I rise f dously bright and articulate Member of today to wish the United States Army this body. We have our differences, but happy birthday. It was 226 years ago THE 226th ANNIVERSARY OF THE there is no more engaging Member, no today, in 1775, that the Continental U.S. ARMY one with whom I more enjoy debating a Army of the United States was formed. Mr. DODD. I commend my dear subject. He is knowledgeable and deep- The United States Army has had a friend from Nebraska for his remarks ly committed to these issues. He has monumental impact on our country. celebrating the 226th anniversary of very strong views, but is a very fair in- Millions of men and women over the the Army. I am glad I was present on dividual, and he did a very fine job here past 226 years have served in the senior the floor to hear the annual ‘‘Hooah’’ on the floor. Other members, also have branch of our military forces. The from a wonderful former sergeant who been very involved in this legislation, Army is interwoven into the culture of served with great distinction during such as Senator FRIST of Tennessee, America. Those who have had the great the Vietnam conflict. He is a wonderful who cares deeply about these issues;

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6308 CONGRESSIONAL RECORD — SENATE June 14, 2001 JOE LIEBERMAN, EVAN BAYH, and MARY portant amendment adopted in this tions by marketeers for commercial LANDRIEU; and especially other mem- bill, mandating full funding of the Indi- purposes during school time. bers of the committee on which I viduals with Disabilities Education This is a growing phenomenon, one served—TOM HARKIN, JACK REED, Act. After 26 years of waiting, commu- that is a growing concern of mine, that PATTY MURRAY, BARBARA MIKULSKI, nities, parents, teachers, and students classrooms are becoming market test- JEFF BINGAMAN, and our new col- finally will receive full funding of spe- ing grounds. It is hard enough to edu- leagues, Senator CLINTON from New cial education. This is a major achieve- cate a child. I do not think parents ex- York, and Senator EDWARDS. Also, ment. pect their children to become the sub- SUSAN COLLINS, and TIM HUTCHINSON I am very proud of the fact Senator ject of marketing surveys in school. from Arkansas. PAUL WELLSTONE has COLLINS and I were able to get 79 votes Parents wouldn’t tolerate this hap- offered many amendments in com- for full funding of title I over the next pening in their homes without their mittee as well as on the floor, express- 10 years. I hope that we can fully fund permission and they should not have to ing his strong appetite for improving it more rapidly than that, but I be- tolerate it in their children’s schools the quality of public education in lieve, and my colleague from Massa- without permission. America. Certainly, TOM DASCHLE, the chusetts who has a wonderful histor- Businesses can be great partners in distinguished majority leader, has been ical memory of this law over the years the educational system. They have a deeply involved in this debate and dis- may know, this is the first time we vested interest in a well-educated cussion over the last number of weeks ever voted to fully fund title I, I am workforce. But the extent to which and and deserves a great deal of credit, proud of this action. how they are involved is something along with HARRY REID, for keeping the Senator KENNEDY’s amendment will about which we all ought to be con- battle moving forward and the debate increase the number of qualified teach- scious. moving forward over these last days of ers in our classrooms. That is a major But, I do have significant concerns the debate. achievement. about this bill. I am disappointed that I thank TRENT LOTT, former majority Senator WELLSTONE’s amendment en- it does not include funds dedicated to leader, now minority leader, for his sures that the tests States develop to reducing class size and repairing crum- work as well. comply with this bill will be of high bling schools. We know that these I am sure that I left some people out quality. things improve student achievement here, including the Presiding Officer, Senator BLANCHE LINCOLN of Arkan- and we will continue to fight for them. the distinguished Senator from Michi- sas won strong bipartisan support to I also am disappointed we adopted gan, Ms. STABENOW, who has also been increase support for bilingual edu- the Helms amendment, which pur- deeply involved in education matters cation. ported to be about ensuring the Boy for many years—long before she ar- Our colleague from California, Sen- Scouts access to public school facili- rived as a new Member of this body, in ator BOXER, won support, I joined with ties, a right already guaranteed them her work in the other Chamber, and in her, to increase resources to provide by the United States Supreme Court. her home State of Michigan on behalf children with productive afterschool The Boy Scouts have a long tradition of children and families. I thank her programs. of doing wonderful things for America’s for her work as well. And, Senator Senator REED of Rhode Island de- young men, but unfortunately the BIDEN, with whom I offered my com- serves great credit for providing school Helms amendment, in my view, effec- parability amendment, along also with libraries with desperately needed re- tively puts the Senate on record as ap- Senator REED. sources. proving the exclusionary policies of the Madam President, this is not a bill I The amendment of our colleague Boy Scouts and other organizations, would have written. Nor is it one that from Illinois, Senator DURBIN, will and that is a sad commentary as we I expect our Republican friends would strengthen math and science partner- enter the 21st century. have written, were we allowed to write ships. That improves the bill tremen- Most of all, I am concerned that our own version of a framework for ele- dously as well. while this bill demands accountability mentary and secondary education. This I was also pleased the Senate rejected for low-income schools and school dis- is a compromise bill. There are parts of efforts to include private school vouch- tricts, and establishes the goal of fund- it about which I am very excited and ers in this bill by a significant vote. ing title I, we still have not received a others about which I am disappointed. Not out of any negative feelings about commitment from the President or our This is not an uncommon reaction private education, but because with 50 Republican colleagues to provide the when a final vote on major legislation million children in public schools and 5 resources for Title I, special education, is called for. and other parts of this bill. But we are not through the process. million in private schools, resources I would have hoped that by now the This is step 1 for us. The other body are hard to come by, and we must do President would have said there will be has adopted its version of the Elemen- our best to improve the quality of pub- full funding of these programs during tary and Secondary Education Act, and lic education. his administration. He has, for what- now we will meet in conference, to I am pleased as well the Senate ac- ever reasons, decided not to make that work out the differences between these cepted an amendment I offered, along two bills. with the support of the chairman of the commitment. I am still hopeful he will. I believe our collective work over the committee and others, for the profes- That will go a long way in alleviating past couple of months has greatly im- sional development of early childhood my concerns about whether or not proved the bill, and that is why I voted educators. these reforms are going to give these for it. Nevertheless, I hope that it will Also, the amendment I offered with children an opportunity to compete on come back from conference a stronger Senator SHELBY of Alabama to protect a level playing field with other chil- bill. student privacy was accepted by voice dren who have the tools that will allow This bill will target resources to the vote. them to succeed. It does not guarantee neediest students in our country. It For children to be ready for school success, but it is an opportunity to suc- will make sure that classrooms are run and to learn to read, their early child- ceed. by well-qualified teachers, and it will hood educators must have the training We have an obligation at every level, provide options to parents. Those are to help them develop intellectually and Federal, State, and local, to see to it wonderful improvements over the sta- socially, and this amendment contrib- that all kids have a chance to succeed. tus quo. I heard my friend from Utah utes to that goal. It is important, if this bill is going to say this bill was nothing more than the The amendment I offered with Sen- reach its potential, to have the re- status quo. That is not the case. ator SHELBY of Alabama to protect stu- sources we will need to give kids that There also were many important dent privacy also was accepted by voice chance. amendments adopted, in many cases vote. That has not yet happened, and I am with broad bipartisan support. This amendment will ensure parents very uneasy as we go into the con- Senator HARKIN and Senator HAGEL have the right to decide whether their ference about whether or not those put together what may be the most im- children will be asked personal ques- commitments will be forthcoming. If

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6309 we end up with nothing but tests and with Senator MIKULSKI, and Crystal have interesting curricula and it is all standards and leave needy children in Bennett, with Senator EDWARDS. well taught and supported by parents— this country in rural and urban areas Mark Powden, Sherry Kaiman, and all of that is really about the future of without the resources to benefit from Andy Hartman with Senator JEFFORDS. America. real reforms, then we will end up with Michele Stockwell with Senator LIE- This vote this evening is a clear man- a self-fulfilling prophecy of children BERMAN, Elizabeth Fay with Senator ifestation of what has been happening who fail tests, which will be taken as a BAYH, and Kathleen Strottman with over the past days on the floor of the further indictment of public education. Senator LANDRIEU. Senate. Democrats and Republicans I know I am not alone in this con- I also want thank the staff on the were coming together on this central cern. The chairman of the committee other side, especially Denzel McGuire issue, the core issue, the first issue for has expressed this feeling over and and Stephanie Monroe, with Senator American families. All parents under- over, and I am hopeful that as this de- GREGG, Holly Kuzmich with Senator stand the importance of children’s bate proceeds over the coming weeks, HUTCHINSON, Maureen Marshall with dreams. We realize, really, the greatest the commitments we have asked for Senator COLLINS, and Andrea Becker limitation on those children’s dreams with regard to resources will be forth- with Senator FRIST. is the failure to provide the oppor- coming. And, I want to thank Joan Huffer tunity for those children’s minds to be And, finally, I am disappointed the with Senator DASCHLE and David Crane as expansive as they possibly can be, to Senate did not adopt an amendment and John Mashburn with Senator LOTT, be interested and informed, benefitting which I offered along with Senator and Sandy Kress and Townsend from educational opportunities which, BIDEN and Senator REID, with strong McNitt, of the White House staff, for hopefully, we have strengthened in this support of almost half of the Senate, all of their help. legislation. calling for comparable educational op- I remember Senator KENNEDY and I First, I thank Denzel McGuire and portunity services for all children were up one Saturday morning weeks. Stephanie Monroe of Senator GREGG’s within a State. We have done that for We were in the building, walking office; Holly Kuzmich of Senator 36 years within school districts. Some around, and happened to see a door HUTCHINSON’s staff; Maureen Marshall districts have more students than 27 open. We walked in and there were the of Senator COLLINS’ staff; David Crane States in this country. For 36 years, staffs, trying to work out differences and John Mashburn of Senator LOTT’s they have been able to provide a com- and work out language in the bill. We staff; Mark Powden and Sherry Kaiman parable educational opportunity. I offer the amendments, we get the at- of Senator JEFFORDS’ staff; Lloyd think States ought to meet that same tention, we appear before the cameras, Horwich of Senator DODD’s staff; Car- criteria. This bill demands greater ac- but it is the staffs of our offices who do mel Martin and Dan Alpert of Senator countability from students, parents, tremendous work and develop great un- BINGAMAN’s staff; and Elizabeth Fay of teachers, school boards, and the Fed- derstanding of these issues. Senator BAYH’s staff; Michelle Stock- eral Government—the only entity we I thank Senator KENNEDY’s staff, my well of Senator LIEBERMAN’s staff. exclude from that is the States. I am own staff, the staff of the others, both I also thank Sandy Kress, who has disappointed that amendment was not majority and minority for the tremen- been enormously helpful to all of us in adopted. dous effort and time they put in to the Senate, Democrats and Repub- But, again, to conclude these re- make this a better bill. licans alike, representing the Presi- marks, my hat is off to the chairman of With that, Madam President, I yield dent. She is a person who understands the committee, to JIM JEFFORDS, as I the floor. the President’s views very completely. mentioned earlier, for his work, to the The PRESIDING OFFICER. The Sen- She is a forceful fighter for the posi- members of our committee, going right ator from Massachusetts. tion of the President. But as I said on on down the line to the most junior Mr. KENNEDY. Madam President, I many occasions, she doesn’t always say member, Senator CLINTON of New York. want to, first, express appreciation to no. She understands the importance of Also, our Republican colleagues, in- many of our colleagues and friends and attempting to fight for the position of cluding JUDD GREGG, BILL FRIST, then say a very brief word about what the President. I thank as well Town- SUSAN COLLINS, TIM HUTCHINSON and I think this bill is really about. the others, who worked hard to make send McNitt of the White House staff I want to start off by thanking the as well, who was enormously valuable this a better bill. While we disagreed extraordinary staffs, mine and those of and I had strong arguments with them and helpful to us. the members of our committee, Demo- I thank Secretary Paige for his work. on many points, my respect for them is crats and Republicans alike. We are Secretary Paige really set the tone for in no way diminished. In fact, if any- enormously blessed to have men and this legislation. At the time of his thing, it is enhanced by their commit- women who are committed and dedi- swearing in, I asked if he would be good ment. We are all trying to do our best for cated to trying to strengthen the edu- enough to come up and meet with all the children of this country and I hope cational system of this country. To a the Democrats. He came up for a meet- that in the weeks ahead, we will be great extent I hope they feel some sat- ing. We had very good attendance. I able to improve this bill further. isfaction this evening with the comple- think almost our whole Democratic Again, I thank the chairman of the tion of this legislation. caucus was in attendance. He stayed committee and his staff and all of our As has been pointed out by my friend there until the last question was asked. staffs. Senator DODD, we had areas of dif- It was a very impressive presentation. I will include all the names of people ferences but there was no real dif- Since that time, he has been available here. They worked so hard. From Sen- ference in our desire to send a very and accessible to all of us on matters ator KENNEDY’s staff, Michael Myers, clear message, which tonight we are with which we were concerned. Danica Petroshius, Jane Oates, Ro- sending to families all across this I could not possibly have made much berto Rodriguez, Michael Dannenberg, country, that help is on the way. difference in this effort without, really, Dana Fiordaliso, and Ben Cope. From The legislation that was passed a the tireless work of my own staff: Jane my staff, Lloyd Horwich, Shawn short while ago was not a Democratic Oates, Michael Dannenberg, and Ro- Maher, Jeanne Ireland, Grace Reef, bill or a Republican bill; it was an edu- berto Rodriguez, for their indispensable Sheryl Cohen, and John Carwell. cation bill. Stated very clearly with roles—all of our staff, of whom I am so Bev Schroeder and Katie Corrigan of this extraordinary vote—91 votes in proud. They are superb professionals Senator HARKIN’s staff, Bethany Little favor of this legislation—this Senate is who take great pride in their work, as of Senator MURRAY’s staff, Elyse committed to the future of this coun- they should, and as I do in them. Wasch and Michael Yudin with Senator try. That is what this is about. It is My thanks go to Jim Manley for his REED, Jill Morningstar and Jay Barth about the hopes and dreams of chil- able assistance; Danica Petroshius, with Senator WELLSTONE, and Ann dren, their desire to excel in athletics Dana Fiordaliso, and Ben Cope for the O’Leary with Senator CLINTON. and sports, but also in the classrooms. amazing support over the weeks—most Also, Carmel Martin and Dan Alpert When they have exciting and innova- of all to Danica Petroshius, whose lead- with Senator BINGAMAN, Kimberly Ross tive and creative teachers, when they ership, energy, and vision has made all

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I am not always sure they felt been singular in its achievement, am sure there are people to whom we that way for every moment over these shared with us these extraordinary les- owe an apology. I extend that apology. past 8 weeks, but I want them to know sons and made valuable contributions. If we weren’t able to get to you, or an- that is the way I felt about them. Senator CLINTON probably has spent swer your questions on some of these Let me thank also our colleagues more time in schools in New York and matters, we will take the opportunity who were really indispensable. One of as much as any Member of the Senate now and invite those who are con- the things that makes it so satisfying has spent time in schools, learning and cerned about this to examine this bill to work on our committee, as well as speaking. Of course, we were advan- and to give us their ideas as we go to being productive, is there is a great taged by the fact that when she arrived the conference. We are very grateful coming together by Democrats and Re- on our committee, she already had a for all of the outside help and assist- publicans. lifetime of involvement in children’s ance we had. I think the markups were enor- issues and educational issues. Since she I commend all the students, parents, mously spirited with very good debate arrived on that committee, from the and teachers who left an indelible and discussion of different viewpoints. first day we benefited from her experi- mark on this legislation, and thank But there is a great deal of respect for ence. them for their commitment and will- the opinions of each other. In our com- I also thank Connie Garner of my ingness to put aside the divisions of the mittee we have tried to work out some staff for her tireless dedication. She past and find constructive compromise special responsibilities. All members has worked on issues involving the dis- to improve education for all students have had great commitment in the abilities questions. She left a sickbed. and all public schools across the coun- area of education. She was there 3 weeks ago in a very try. It is a good bill. It has strong sup- Of course, when we think of Senator important medical condition, from port. DODD, we think of the children’s caucus which she has recovered. But she was I thank the floor staff, who are al- and all the good work he has done in quick to put aside the attention to her ways available to us and who are in- those areas, particularly in the after- own health in order to be in here and valuable in working through complex school programs. be with us on these debates on matters and difficult situations on the floor. TOM HARKIN: We think of his efforts to make sure we are going to have dealing with disability. She is the They have been absolutely superb, modern classrooms for our children. proud mother of eight, at last count. wonderful professionals. Senator MIKULSKI has been singular Connie is the proud mother of a dis- Finally, I thank Senator HARRY REID in her work in trying to focus on the abled child, and she has made an ex- who was absolutely instrumental. He is digital divide to make sure we are not traordinary mark on disability policy. not on our committee, but I think at going to have the disparities in the dig- I want to finally thank the one who the end of these 8 weeks he knows more ital divisions what we have had in edu- pulled all of this together for our com- about education than perhaps he in- cational divisions. She has been light- mittee, Michael Myers, with whom I tended to at the start of this legisla- years ahead of the rest of us in under- have had the good opportunity to work tion. He is learning more about every standing this and in helping us to try on many different policy issues for bill because there isn’t an ally—having to minimize it. years, starting with refugees years and been here as long as I have been and JEFF BINGAMAN knows more about years ago, longer than he may want to having had the good fortune to be a accountability than any other Member remember. He has the extraordinary floor manager of legislation—there is and has been such a leader in this area. ability to make a lot of different no one who has greater value as a floor Senator WELLSTONE has been so pas- issues, policy questions, and problems manager than the Senator from Ne- sionate on so many different issues. I a great deal easier. He is a problem vada. He has extraordinary skills, and can think of his contributions, particu- solver with rare qualities. In an under- he uses them in amazing ways. He was larly on this legislation, to try to taking such as we had, he was abso- able to get things achieved and move make sure we address the quality of lutely, extraordinarily valuable. this process along. People might ask, our testing and to make sure that chil- I thanked earlier Senator JEFFORDS Well, how much of a difference does it dren are going to be treated fairly and and spoke about his very special con- make? It makes the difference between equitably. I know he has serious res- tributions. success and failure. Make no mistake ervations about many of these provi- I also thank Senator GREGG, who has about it, it makes the difference be- sions. Our committee is so much the spent a good deal of time here on the tween success and failure. And we better for having Senator WELLSTONE, floor. I always enjoy working with would not be here with that success in as is the Senate. him—more often when we agree than terms of the strong support of the JACK REED comes from a long tradi- when we disagree. But it is always a Members of this body tonight had it tion of interest in education, not only pleasure. not been for my friend and colleague, since he has been in the Senate but Senator FRIST—who has worked on Senator REID. I am enormously grate- also as a House Member. He follows in education—and I have worked closely ful to him for all of his good work. I the Senate Claiborne Pell, who was together on health care. thank him for all he has done. We look chairman of our Education Committee. I thank Senator HUTCHISON, Senator forward to seeing him in harness next Senator REED understands the impor- COLLINS, and other members of our week on the Patients’ Bill Of Rights. tance of quality education and the im- committee. And hopefully he will be able to dispose portance of parental involvement, and We had the benefit also of Senator of those 300 amendments, as he was also the recognition of libraries as a LIEBERMAN and Senator BAYH. Senator able to dispose of the 300 amendments special priority to children. I still BAYH took special interest in education that were offered to this bill and get us think we missed some important op- as a Governor. After being Governor, to final passage. portunities in being able to adopt some he brought those interests here to the Finally, I thank the clerks and also of the Reed amendments because we Senate. He is not a member of our com- all the pages for their help and assist- are enhancing dramatically the read- mittee but is as thoughtful about ance during this time. ing programs which the President has issues on education as one can possibly Mr. REID. Will the Senator yield? stood behind. We need good, effective imagine. Senator LIEBERMAN has made Mr. KENNEDY. I will be glad to libraries over the long range. JACK education one of his great areas of spe- yield. REED understands this. cialization and has been both an enor- Mr. REID. I was not coming to hear Senator MURRAY—I can still hear her mously helpful and valuable ally as we the laudatory remarks of the Senator, eloquent pleas for us to go to smaller have pursued this issue. but I appreciate having heard them. It

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6311 is not often in the Senate we have the He is not in the Chamber at this on a bipartisan basis—this was not the opportunity to say good things about time, but I just want to say, on behalf Democratic leadership pushing things each other; We are busy trying to get of the entire Senate, we thank him for through. We had to turn to you, and an amendment adopted or give a speech what he has done and the manner in when it really got tough, we were able we need to give, and all the things we which he has done it. to work this out. There was no better need to do. Of course, there are many others who example of that than today. It is a But I cannot help but reflect on the have been very active. I cite especially small miracle we finished today. time I have had to spend with the Sen- Senator LIEBERMAN and Senator BAYH We had to go back to the office, bring ator from Massachusetts on this bill for their efforts in working with Sen- you out here, and as a result of that, it because my mind goes back to when I ator KENNEDY. They have been extraor- was above our pay grade—Senator KEN- was just a boy, a student at Utah State dinary in their efforts to find common NEDY and I—but it certainly is not University. I say to the Senator, your ground. above your pay grade. As I have said so brother was running for President, and We started in our caucus in some many times—and I appreciate your I was enthused about helping him. I ways divided. We ended this whole de- kind remarks about me —neither one was in Republican territory, Utah bate more unified on education than we of us could have made this bill happen State University in Logan, UT. So I have been in a long time, and it is in but for you. formed at that university a young part because of the work they have Mr. KENNEDY. Will the Senator Democratic club: Young Democrats. done. yield? And one of the prize possessions I have Senator DODD, with his passion, his Mr. REID. Yes. Mr. KENNEDY. I don’t think we in the world is a letter written by John commitment, deserves special recogni- called on him more than 25 times a Kennedy after that successful election. tion as well. I salute him for the efforts day, asking him to come out here to I have it hanging on the wall in my of- he made to find ways to address the concerns he has with the bill. I thank help us out. fice in the Hart Building, where he ac- But in a serious way, I just underline knowledged we formed this club and him for his participation. what Senator REID has said: The ulti- Let me finally say, as Senator KEN- perhaps helped him a little bit. mate credit for this achievement is NEDY has, and others have already I told the Senator the first day I with the leader of the Senate; that is, noted, the one person who is not on the came to the Senate what an honor it our new leader and our friend, Senator was for me to serve with TED KENNEDY, HELP Committee who probably had as DASCHLE. I think all of us understand much to do with getting this job done a person who is one of the well-known that is what leadership is really about. as anybody has—or ever will on a piece people of the world, who has been such We were able to get this done and done an example for how you deal with your of legislation—is our assistant Demo- in a bipartisan way. family for all of us. cratic leader. You can only love HARRY Senator DASCHLE announced when he For me, on a personal basis, I say to REID if you know him. And I don’t assumed the leadership the way he the Senator, to be able to legislate know of anybody who does not love wanted this institution to be run, and with you has been a dream of a life- him and have the affection for him that is the way it was run. Members all time. And then to have the senior Sen- that I do. He once again demonstrated through this debate were able to have ator from Massachusetts say some nice his value not only to our caucus but to their views either voted on or consid- things about me is even something the Senate and to the country with the ered, unfettered by parliamentary gim- that I never dreamed would happen. So manner and the tremendous ability he micks. The abuse of parliamentary there is mutual admiration. I appre- demonstrates in working with us each technique was not in play. There was ciate the Senator’s nice remarks. and every day. He is the single best full, open, frank debate and discussion Mr. KENNEDY. I thank the Senator person any manager could ever hope to and accountability. It is a breath of and yield the floor. have as they work to try to resolve fresh air in terms of the functioning of The PRESIDING OFFICER. The ma- outstanding differences, scheduling this body. It is really what I think jority leader. conflicts, and the array of challenges most of us believe this body is really Mr. DASCHLE. Madam President, I we face in trying to work through any all about. did not have the opportunity to hear bill. It is a real honor and pleasure to all of the remarks made by our distin- So I acknowledge and congratulate know TOM DASCHLE is leading this in- guished colleagues, but I also come to our dear friend, Senator HARRY REID, stitution. I thank him for his words. the floor to congratulate our colleague, our assistant Democratic leader, for The PRESIDING OFFICER. The Sen- Senator KENNEDY, for the remarkable the work he has done in getting us to ator from Alabama. job he has done in getting us to this this point. Mr. SESSIONS. Madam President, I point. I think it is fair to say—I hope I will have a number of matters to also express my appreciation for all the country understands this—this bill raise as we prepare to close, Madam who have been involved in this bill. would not be where it is today, we President, but at this point I yield the I say to Senator KENNEDY, a number would not have passed it 91–8, if it were floor. of people on this side of the aisle have not for his persistence, his incredible The PRESIDING OFFICER. The Sen- expressed their appreciation for your leadership, and the ability he has to ator from Nevada. leadership. You are a great advocate, once again bring both sides together. Mr. REID. Madam President, before but also you manage a bill very well. I have had the good fortune now to the Senator from South Dakota, the Mr. KENNEDY. I thank the Senator. work with our colleague from Massa- majority leader, leaves the Chamber, Mr. SESSIONS. The process that we chusetts on so many things, and I am on behalf of Senator KENNEDY and my- utilized worked well. Everybody got awed, I am inspired, and I am, indeed, self, I would like to acknowledge, Mr. their votes and got their say. Matters grateful for his friendship and for the Leader, that it is nice you said good went along fine. extraordinary leadership he provides. things about us—and we really appre- President Bush, as a Governor, com- So I thank him and congratulate him ciate it—but everyone should know, es- mitted to doing something about edu- in particular. pecially the people in South Dakota, cation in his State. He was hands on in Let me also congratulate our col- that when things got rough out here, that effort. As a result, he knew some- league, Senator JEFFORDS. He has gone we always had to turn to you. thing about education when he ran for through a very difficult period. He We were able to do a lot of things. We President. He determined that it would began by providing us with leadership had a good time working together. We not be business as usual. He was con- on the Republican side as we took up enjoyed our partnership. But when it vinced that children were being left be- this piece of legislation—now as an came time to make the really tough hind, that they were finding them- Independent, caucusing with us. He has decisions, we had to turn to you. selves in seventh, eighth, and ninth voted and supported this legislation all I would like to say this is the first grades unable to do basic education the way through. His leadership, his real week of your leadership as major- work, and tragedies were in store for commitment, his work also deserve ity leader. I hope this is a message of them. He got to know some out- special recognition. things to come because we were able, standing individuals in education in

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6312 CONGRESSIONAL RECORD — SENATE June 14, 2001 Texas. One was Dr. Rod Paige, the su- who care about education on both sides flag of the Sons of Liberty, an early co- perintendent of the Houston school of the aisle, we made real progress lonial flag. The stars of the first na- system, 207,000 students, one of the today. I am proud to be a part of it. I tional flag after 1777 were arranged in a largest in America. appreciate his comments. variety of patterns. The most popular Secretary Paige had made some real Madam President, I want to acknowl- design placed the stars in alternating progress there. When he took over in edge the leadership of Senator LOTT, rows of three or two stars. Another flag 1995 in that school system, he found our Republican leader. He was majority placed twelve stars in a circle with the only 37 percent of the students were leader when we started. We had a num- thirteenth star in the center. A now passing the basic Texas test. He had ber of discussions as we considered how popular image of a flag of that day, al- been the dean of a school of higher edu- to take up this bill. It was Senator though it was rarely used at the time, cation. He determined that they could LOTT who said: We are going to take it placed the thirteen stars in a circle. do better, and he insisted that they do up, and we are going to let amend- As our country has grown, the Stars better. In 5 years, he doubled that ments roll. We are going to let amend- and Stripes have undergone necessary number—1 percentage point from dou- ments be offered. We are not going to modifications. Alterations include the bling —to 73 percent passing. use extralegal parliamentary devices. addition, then deletion, of stripes; and President Bush saw that. He appre- We are going to stay with the agree- the addition and rearrangement of the ciated that achievement. He was deter- ment we had under the power sharing. field of stars. mined to try to bring that kind of He did it, and he did it with real style. While our Star-Spangled Banner has progress throughout America. That is The day should not end without a seen changes, the message it represents is constant. That message is one of pa- why he selected Dr. Rod Paige as his recognition of Senator LOTT’s commit- Secretary of Education. ment in that regard and the leadership triotism and respect, wherever the flag Dr. Paige eliminated social pro- he provided to allow us to complete the is found flying. Henry Ward Beecher, a motion. He improved testing. He bill today. prominent 19th century clergyman and lecturer stated, ‘‘A thoughtful mind, cracked down on schools that did not Senator JUDD GREGG from New work, and he cracked down on dis- Hampshire also deserves special rec- when it sees a Nation’s flag, sees not cipline problems. It was a real achieve- ognition. He stepped in at the end, the flag only, but the Nation itself; and ment of an extraordinary degree that completed the bill, as the Republican whatever may be its symbols, its insig- should give us all hope that we can manager. I acknowledge his leadership nia, he reads chiefly in the flag the Government, the principles, the truths, make much better progress with edu- as well. and the history which belong to the na- cation than we think. f My wife taught. I have been in 20 tion that sets it forth.’’ Old Glory represents the land, the schools this year. There are teachers COMMEMORATION OF FLAG DAY people, the government and the ideals around this country teaching their Mr. THURMOND. Mr. President, two of the United States, no matter when hearts out every day, giving their level hundred and twenty-four years ago today, the United States was engaged or where it is displayed throughout the best to education. If we can create a world—in land battle, the first such oc- system that nurtures them and allows in its War for Independence. I note that the American Continental Army, now currence being August 16, 1777 at the their talents to flourish and not be Battle of Bennington; on a U.S. Navy the United States Army, was estab- clamped down by rules and regulations ship, such as the Ranger, under the lished by the Continental Congress, and such, I believe we have the poten- command of John Paul Jones in No- just two years earlier on June 14, 1775. tial for extraordinary progress in edu- vember 1777; or in Antarctica, in 1840, I express my congratulations to the cation. on the pilot boat Flying Fish of the United States Army on its 226th birth- Finally, I note that testing is critical Charles Wilkes expedition. because if you love children and you day. The flag has proudly represented our care about them and you do not want At the start of that War, American Republic beyond the Earth and into the them to fall behind, you will find out colonists fought under a variety of heavens. The stirring images of Neil how they are doing. The parents need local flags. The Continental Colors, or Armstrong and Edwin Aldrin saluting to know. The teachers need to know. Grand Union Flag, was the unofficial the flag on the moon, on July 20, 1969 The principals need to know. Every- national flag from 1775–1777. This flag moved the Nation to new heights of pa- body needs to know whether learning is had thirteen alternating red and white triotism and national pride. occurring. stripes, with the English flag in the Today we pause to commemorate our When a child is falling behind in upper left corner. Nation’s most clear symbol—our flag. basic reading and math—and they will Following the publication of the Dec- An early account of a day of celebra- have to be tested in this program—then laration of Independence, it was no tion of the flag was reported by the you can deal with it. If we let them get longer appropriate to fly a banner con- Hartford Courant suggesting an observ- to junior high, high school, ninth taining the British flag. Accordingly, ance was held throughout the State of grade, typically, and they can’t do on June 14, 1777, the Continental Con- Connecticut, in 1861. The origin of our basic math and can’t read effectively, gress passed a resolution that ‘‘the modern Flag Day is often traced to the they drop out. That is a great tragedy. Flag of the United States be 13 stripes work of Bernard Cigrand, who in 1885 They will be left behind. We should not alternate red and white, and the Union held his own observance of the flag’s allow that. be 13 stars white and a blue field rep- birthday in his one-room schoolhouse This bill will move us forward. The resenting a new constellation.’’ in Waubeka, Wisconsin. This began his President will support unprecedented No record exists as to why the Conti- decades-long campaign for a day of na- increases in education this year, but he nental Congress adopted the now-famil- tional recognition of the Flag. His ad- wants that kind of reform. It is part of iar red, white and blue. A later action vocacy for this cause was reflected in the bill. I am confident it will come by the Congress, convened under the numerous newspaper articles, books, out of the conference committee in a Articles of Confederation, may provide magazines and lectures of the day. His way that he can support. an appropriate interpretation on the celebrated pamphlet on ‘‘Laws and Cus- I thank Senator DASCHLE for his use of these colors. Five years after toms Regulating the Use of the Flag of leadership and his time in the late adopting the flag resolution, in 1782, a the United States’’ received wide dis- evening. resolution regarding the Great Seal of tribution. The PRESIDING OFFICER. The ma- the United States contained a state- His petition to President Woodrow jority leader. ment on the meanings of the colors: Wilson for a national observance was Mr. DASCHLE. Madam President, I red—for hardiness and courage; white— rewarded with a Presidential Procla- compliment the distinguished Senator for purity and innocence; and blue for mation designating June 14, 1916 as from Alabama for his comments. I vigilance, perseverance, and justice. Flag Day. On a prior occasion Presi- agree with much of what I heard. I The stripes, symbolic of the thirteen dent Wilson noted, ‘‘Things that the think he is absolutely right. This is a original colonies, were similar to the flag stands for were created by the ex- real accomplishment. And for people five red and four white stripes on the periences of a great people. Everything

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6313 that it stands for was written by their gan signed into law a bill to take dis- Unfortunately, the deck is stacked against lives. The flag is the embodiment, not cretion away from local gun boards to the appropriators. The dice are loaded. The of sentiment, but of history. It rep- issue concealed gun licenses and re- wheel is rigged. Regardless of whether a resents the experiences made by men quire authorities to issue concealed Democrat or a Republican chairs the Appro- priations Committee, the unrealistically low and women, the experiences of those weapons licenses to any one 21 years or budget targets and tax-cut combo will again who do and live under the flag.’’ older without a criminal record, with perpetuate a yearly hoax on the American Flag Day was officially designated a limited exceptions. Under the law, the people. National observance by a Joint Resolu- number of concealed handgun licenses Despite all the brave talk of fiscal re- tion approved by Congress and the in our State would grow by 200,000 to straint, the Appropriations committees will President in 1949, and first celebrated 300,000 a ten-fold increase. Needless to quietly be asked to spend more money than the following year. This year, then, say, the law has the potential to in- the budget allows. We know the president marks the 51st anniversary of a Con- will ask us to spend billions more on defense. crease gun violence in Michigan and We know we will be asked to spend billions gressionally designated Flag Day. endanger the lives of thousands of peo- more on education. We know we have bil- It is appropriate that we pause today, ple. Istrongly believe that this law is lions of dollars in both unmet and unantici- on this Flag Day, to render our respect better suited to the old West than the pated needs that we will have a responsi- and honor to the symbol of our Nation, new millennium. bility to fund. and to review our commitment to the I am pleased to report that hundreds We know this. The president knows this. underlying principles it represents. of thousands of my fellow Michiganders The president’s budget director well knows Today, let us reflect on the deeds and agree with me. While the law was this. The American people should know this. The American people are entitled to truth in sacrifices of those who have gone be- scheduled to take effect on July 1st of budgeting. These programs are not just the fore and the legacy they left to us. Let this year, a coalition of law enforce- priorities of a Democratic Senate. These are us ponder our own endeavors and the ment and community groups from the priorities of the president. They are the inheritance we will leave to future gen- across our State called the People Who priorities of the nation. They have to be ad- erations. Care About Kids collected 232,582 signa- dressed. Finally, as we commemorate the her- tures on a petition to suspend the law Here is the true state of affairs. The budget itage our flag represents, may we as a and put it before the voters in 2002. One pays lip service to sizable funding increases Nation pledge not only our allegiance, for national security, but it doesn’t back up of those signatures was mine. its promises with the necessary resources. but also our efforts to furthering the Now the issue is before the courts. For non-defense programs, the budget falls standards represented by its colors— Just last month, a State Appeals Court $5.5 billion below the level necessary just to courage, virtue, perseverance, and jus- ruled unanimously that the referendum keep pace with inflation. What this means is tice. Through these universal concepts, process should proceed. And this that the nation is fiscally frozen in time, un- We the People can ensure better lives Wednesday the Michigan Supreme able to reduce massive backlogs in critical for ourselves and our children, for Court heard arguments on whether the programs that have been piling up for years, these are the characteristics of great- Appeals Court ruling should stand. For and equally unable to anticipate emerging needs. ness. In doing so, we can move closer to the good of my State and for the safety Simply put, the budget resolution and the the goal so well stated by Daniel Web- of its citizens, I hope that the Supreme tax cut combined deny the resources that ster at the laying of the cornerstone of Court upholds the lower court ruling Congress—regardless of which party is in the Bunker Hill Monument on June 17, and lets the voters decide the issue. If power—needs to meet a growing nation’s re- 1825. On that occasion he said, ‘‘Let our voters are given the opportunity, I am quirements. The scarce dollars that are need- object be our country, our whole coun- confident that this wrongheaded effort ed for education, Social Security, Medicare, try, and nothing but our country. And, to roll back Michigan’s gun laws will prescription drug benefits and the many by the blessing of God, may that coun- be defeated. other important priorities of the American people will have to come from somewhere. try itself become a vast and splendid f Democrats do not want to resort to gim- monument, not of oppression and ter- BUDGET PROCESS micks or game. We were outraged when the ror, but of Wisdom, of Peace, and of Republicans resorted to them—when they hi- Liberty, upon which the world may Mr. HOLLINGS. Mr. President, in jacked the budget from the Budget Com- gaze with admiration forever.’’ this morning’s Washington Post we fi- mittee over the objections of the Democrats, I have long supported legislation nally hear the truth. President pro and then added insult to injury by shutting which imposes penalties on anyone who tempore ROBERT C. BYRD tells it like it Democrats out of the conference process. But knowingly mutilates, defaces, burns, is. Republican and Democrat, White when a budget resolution allows for a massive tax-cut proposal yet fails to allow for tramples upon, or physically defiles House and Congress, and the people generally take heed. the increased funding for national defense any U.S. flag. I have also supported a and for education that we all know the presi- constitutional amendment to grant I ask consent that an article from dent will request, the ‘‘evasions and gim- Congress and the States the power to the Washington Post be printed in the mickry’’ have begun. prohibit the physical desecration of the RECORD. Appropriators welcome cooperation. We U.S. flag. I regret that the Senate has There being no objection, the article encourage flexibility. We seek good-faith yet to adopt a Resolution for a flag was ordered to be printed in the dealings with the White House and with both sides of the aisle. We ask only that the ad- protection Constitutional amendment. RECORD, as follows: [From the Washington Post, June 14, 2001] ministration reciprocate in kind. A good I am pleased that the Senate adopted place to start would be to avoid preemptive INHERITED MESS a Resolution to provide for a des- finger pointing in the media. ignated Senator to lead the Senate in (By Robert C. Byrd) To attempt to back the Senate Appropria- reciting the Pledge of Allegiance to the The president’s budget director, Mitchell tions Committee into a corner by suggesting Flag of the United States. This has Daniels, has made an impassioned plea that Democrats are suddenly in a position to added greatly to the opening of the [opted, June 5] for Congress to achieve an derail ‘‘the first orderly, responsible budget ‘‘orderly and responsible budget and appro- Senate each day. and appropriations process in many years’’ is priations process’’ this year despite the sud- to belie the facts. The budget process was Today I encourage my colleagues and den turn-about in the Senate from Repub- anything but ‘‘orderly and responsible’’ this all Americans to take note of the his- lican to Democratic control year. In fact, the budget process has been tory and meaning of this 14th day of While lauding the president’s continuing convenient political cover for ‘‘games and June. We celebrate our Flag, observing efforts to civilize the tone of business in gimmickry’’ for several years. And we all its 224th birthday, and the 226-year-old Washington, Daniels blamed Congress for know it. Army which has so proudly and val- routinely circumventing budget resolution This is the scenario that the Democratic iantly defended it and our great Na- ceilings to fund runaway appropriations. Senate has inherited, and this is the reality This year, he predicted, would have been dif- tion. that Congress and the administration face in ferent had the Republicans maintained con- the coming months as we work our way f trol of the Senate, and he exhorted Demo- through the appropriations process. MICHIGAN’S GUN LAWS crats to withstand the siren song of ‘‘games The Senate Appropriations Committee will and gimmicks’’ in the appropriations process review the details of the president’s budget Mr. LEVIN. Mr. President, on New so as to avoid upsetting the budget apple and we will, on a bipartisan basis, do our Years Day 2001, the Governor of Michi- cart. best to produce 13 responsible and disciplined

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6314 CONGRESSIONAL RECORD — SENATE June 14, 2001 appropriations bills. It is my hope that we never expected to see such success. Yet Convention, Syria is responsible for the can address this daunting challenge in a spir- these very students have realized this fates of the Israeli soldiers because the it of cooperation, and work together to re- extraordinary accomplishment. area in Lebanon where the solders dis- place partisan rhetoric with responsible solu- The improvements in the test scores appeared was continually controlled by tions. And if OMB Director Daniels really wants of these children are incredible. The Syria. To this day, despite promises to help his president change the climate in Oregonian newspaper reports the fol- made by the government of Syria and Washington, he can work to stop the blame lowing: At Humboldt [Elementary], 71 by the Palestinians, very little infor- game in its very tired tracks. percent of fifth graders in 2000 met or mation has been released about the f exceeded math benchmarks. Only 31 condition of Zachary Baumel, Zvi Feld- percent of those students met math man, and Yehudah Katz. ACADEMIC ACHIEVEMENT IN standards as third graders in 1998. At Monday marked the anniversary of PORTLAND PUBLIC SCHOOLS Marysville Elementary in Southeast the day that these solders were re- Mr. SMITH of Oregon. Mr. President, Portland, 78 percent of fifth-graders ported missing in action. Nineteen I rise today to commend the excep- met math benchmarks in 2000. Thirty- pain-filled years have passed since tional achievement of 8 schools in two percent of those students passed their families have seen their sons, and Portland, OR: Humboldt, Marysville, the State math test as third graders. still Syria has not revealed their Chief Joseph, Woodmere, Clark, Grout, But even more important than these whereabouts nor provided any informa- Kenton and Vestal Elementary significant gains in test scores, these tion as to their condition. Schools. dedicated students have cultivated a One of these missing soldiers, We have spent 8 weeks in this Cham- love of learning that will last the rest Zachary Baumel is an American cit- ber talking about education. We have of their lives. This thirst for knowledge izen, from my home of Brooklyn, NY. debated the best ways to educate guarantees that this is just the first of An ardent basketball fan, Zachary America’s children, to raise academic many successes to come. began his studies at the Hebrew School achievement of disadvantaged stu- A study by the Portland Public in Boro Park. In 1979, he moved to dents, and change failing schools into Schools Foundation attributed the ad- Israel with other family members and successes. While we have been busy vances of these schools to the same continued his education at Yeshivat talking, schools in my home State principles we have been discussing Hesder, where religious studies are in- have been working hard to educate our here: strong principals, high parent integrated with army service. When the children. volvement, and professional develop- war with Lebanon began, Zachary was I want to make special mention of ment opportunities for teachers. completing his military service and eight schools in the Portland Public I share the achievement of these stu- was looking forward to attending He- School District. Over the past 3 years, dents with my colleagues because it re- brew University, where he had been ac- these remarkable schools—where more minds every member of the U.S. Senate cepted to study psychology. But fate than half of the students come from that better education is becoming a re- decreed otherwise and on June 11, 1982, low income families—made greater ality across America. Our work here is he disappeared with Zvi Feldman and strides in raising student test scores important, but the true source of aca- Yehudah Katz. than all others in the school district. demic achievement is the dedication, Zachary’s parents Yonah and Miriam Due to the hard work of students, par- the dreams, and the hard work of stu- Baumel have been relentless in their ents, teachers, and principals, reading dents, teachers, and principals like pursuit of information about Zachary and math scores have significantly im- these in Portland. The best we can do and his compatriots. I have worked proved, the achievement gap between is to give them the tools they need to closely with the Baumels, as well as poor and minority students and white succeed. the Union of Orthodox Jewish Con- students narrowed, and parents, includ- In closing, allow me to commend, gregations of America, the American ing those new to our country, became once again, the students, parents, and Coalition for Missing Israeli Soldiers, part of the fabric of the school commu- educators in these schools for this and the MIA Task Force of the Con- nity. great accomplishment, for the hope ference of Presidents of Major Amer- Today, I commend the principals and they give us, and for the high standard ican Jewish Organizations. These teachers of these great schools. These they set for all of us. groups have been at the forefront of educators represent an ideal. They are f this pursuit of justice. I want to recog- dedicated; they are creative; and they nize their good work and ask my col- transform children into scholars. They REMEMBERING THE MIA’S OF leagues to join me in supporting their will do anything for their students, SULTAN YAQUB efforts. For nineteen years, these fami- even work extra jobs to earn money to Mr. SCHUMER. Mr. President, I rise lies have been without their children. buy books for their students. Their today to ask my colleagues to join me Answers are long overdue. hard work has helped their students in remembering the Israeli soldiers I am not only saddened by the plight achieve record academic improvement captured by the Syrians during the 1982 of Zachary Baumel, Zvi Feldman, and today and it has set the stage for these Israeli war in Lebanon. Yehudah Katz, but I am disheartened children’s success for years to come. I On June 11, 1982, an Israeli unit bat- and angered by the fact that even as we thank them for their efforts. tled with a Syrian armored unit in the continue to search for answers about I also thank the parents of these chil- Bekaa Valley in northeastern Lebanon. their welfare, we must add more names dren. They have made a real difference Sergeant Zachary Baumel, First Ser- to the list of those for who we have no in their children’s education by volun- geant Zvi Feldman, and Corporal knowledge of their location, health, or teering at school, reading with their Yehudah Katz were captured by the safety. children, and encouraging their stu- Syrians that day. They were identified In a clear-cut violation of inter- dents to devote their best efforts to as an Israeli tank crew, and reported national law, three Israeli soldiers their studies. missing in Damascus. The Israeli tank, were abducted by Hezbollah on October Above all, I salute the students of flying the Syrian and Palestinian flag, 7, 2000 while on operational duty along these outstanding schools. The count- was greeted with cheers from bystand- the border fence in the Dov Mountain less hours they have spent inside and ers range along Israel’s border with Leb- outside the classroom practicing their Since that terrible day in 1982, the anon. The soldiers—Sergeant Adi reading and writing, working math governments of Israel and the United Avitan of Tiberias, Staff Sergeant problems, and conducting science ex- States have been doing their utmost by Binyamin Avraham of Bnei Brak, and periments have not been in vain. They working with the office of the Inter- Staff Sergeant Omar Souad of Salma— have paid off in a remarkable way. national Committee of the Red Cross, are believed to have been wounded dur- Many of these students don’t speak the United Nations, and other inter- ing the incident. English as their first language; many national bodies to obtain any possible According to an investigation by the come from low income families; and all information about the fate of the miss- IDF Northern Command, Hezbollah ter- are from areas of the city which had ing soldiers. According to the Geneva rorists set two roadside bombs, then

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6315 crossed through a gate near the fence, their contributions to this county, first ciding to participate, each State re- pulled the three soldiers out of their in slavery, and then in freedom. The lo- views the National Assessment con- jeep and fired anti-armor missiles at cation of the memorial and fountain is tent. State participation in the test de- the empty vehicle. The solders were especially significant since slaves were velopment process ensures that the Na- then taken by the terrorists to the once sold from the courthouse steps tional Assessment is a fair representa- Lebanese side of the border. Although and African-Americans were required tion of the material in math, reading the United States has called on Syria to drink from separate water fountains and other subjects that states already to assist in the timely release of these in that very building. believe is important to test. three soldiers, no information has been The monument will list over 150 Clay f given as to their conditions or where- County African-Americans and their MISSOURI BOYS STATE abouts. The International Red Cross contributions to this community dat- has also been requested to intervene by ing back to 1800. Included in the monu- Mrs. CARNAHAN. Mr. President, attempting to arrange for a visit with ment’s listing are Vennie and Lulu Saturday, June 16 starts the 62nd ses- the three kidnapped IDF soldiers in Fielder. Mr. and Mrs. Fielder both be- sion of Missouri Boys State. Founded order to ascertain their status. came entrepreneurs, opening Fielder in 1938 by the Missouri American Le- The agony of the families of these Hardware and Box Company in Kansas gion, Missouri Boys State has educated kidnapped Israeli solders is extreme. City, Missouri, and Lulu Fielder’s over 33,000 young men on the basic They have not heard a word regarding Sandwich Shoppe. Mrs. Lulu Fielder is principles of democracy. For more than the fate of their sons who are being now the oldest living African-American 60 years, Missouri Boys State has lived held captive for political ransom. We native resident of Clay County at the up to its motto and has made an ‘‘in- must pledge to do our utmost to bring young age of 102. Mrs. Fielder will take vestment in our State’s greatest re- these soldiers home, for the sake of the first ceremonial drink from the source—the youth of Missouri.’’ peace, decency and humanity. water fountain at tomorrow’s celebra- Boys State was started in 1934 in Illi- f tion. And with that drink, Lulu Fielder nois by Dr. Hays Kennedy and Harold will epitomize the words inscribed on Card, and was designed to teach demo- LOCAL LAW ENFORCEMENT ACT the monument, ‘‘come, drink, all who cratic ideals to America’s youth. The OF 2001 thirst for freedom; the water fountain four founding members of Missouri Mr. SMITH of Oregon. Mr. President, will no longer separate us as a people.’’ Boys State, Jerry F. Duggan, Harry M. I rise today to speak about hate crimes Congratulations to the Clay County Gambrel, Dr. Truman L. Ingle, and legislation I introduced with Senator Commission, the Clay County African- A.B. Weyer, did not realize that Mis- KENNEDY last month. The Local law American Legacy Consortium, and all souri’s program would develop into one Enforcement Act of 2001 would add new Clay County residents. Thank you for of the most successful and prestigious categories to current hate crimes legis- making me proud to be a Missourian. programs in the country for youth in- lation sending a signal that violence of f volvement. The Missouri Boys State any kind is unacceptable in our soci- program has become one of the most ety. NATIONAL ASSESSMENT OF revered honors bestowed upon high I want to describe a terrible crime EDUCATIONAL PROGRESS school boys in Missouri. that occurred June 20, 1993 in Everett, Mr. MILLER. Mr. President, in edu- The first session occurred in Fulton, Washington. A gay man was stabbed to cation everyone claims to be for high MO in 1938 with 129 young men. This death by a hitchhiker who allegedly standards. That’s the good news. But a year’s session is expected to draw over told friends he committed the crime lot of folks only want to be measured 1,000 participants including over 100 because he hated homosexuals. Isaiah by their own standards, and they don’t counselors. From that very first ses- Clarence Enault, 24, was charged with have a very good way of knowing sion in 1938 to today, the same message murder and is a suspect in a stabbing whether their standards are high or, rings true—‘‘Democracy depends on assault of another gay man. more importantly, whether they are me!’’ Boys State continues to stress I believe that Government’s first high enough. the important aspects of serving the duty is to defend its citizens, to defend That is why I am for measuring edu- public and one’s community. them against the harms that come out cational progress in America by having The success of Missouri Boys State of hate. The Local Law Enforcement each State use its own standards and continues today. In July of 1999, a high Enhancement Act of 2001 is now a sym- tests and then confirming progress by school student from Columbia, Mis- bol that can become substance. I be- using a high-quality back-up examina- souri, Ryan Rippel, was elected Presi- lieve that by passing this legislation, tion. The National Assessment of Edu- dent of Boys Nation. Boys Nation, we can change hearts and minds as cational Progress is just such an in- sponsored annually by the American well. strument. It will help us get more in- Legion, is a program by which select f formation about achievement in our students from across the nation gain States and provide an independent sec- first-hand experience in how our fed- HONORING CLAY COUNTY LEGACY ond opinion that our student achieve- eral government works through mock MEMORIAL AND FOUNTAIN ment progress is reaching all of our Senate activities. Mrs. CARNAHAN. Mr. President, I students and that we are not raising Missouri Boys State has had wide would like to take this opportunity to our scores just by getting a few more of community and public support. Over honor the residents of Clay County, MO our better students to do better. 500 civic organizations and individuals for their vision, harmony, and unity. In the past ten years 49 States have contribute to the success of this pro- At a time when some communities are used the National Assessment in one gram. A memorial trust was estab- engaged in divisive debates regarding form or another. This has not led to a lished in 1982 to ensure the continu- our Nation’s past, Clay County resi- national curriculum and it is not going ation of Missouri Boys State. The Mis- dents have chosen to dedicate a monu- to. On average, more than 40 States souri Boys State Scholarship fund was ment and water fountain on the county have participated in any one year. Last established in 1993 to provide a renew- courthouse lawn honoring the unsung year the State school superintendent able, 4-year college scholarship for the black heroes and heroines who survived or commissioner in 48 States signed up participant that earns the ‘‘Citizen of slavery and helped make Clay County a to participate. the Week’’ honor. And the Martin Lu- successful and thriving community in In the National Assessment’s 30 ther King, Jr. Scholarship program was the heartland. years, never has a State or district ex- established in 1989 to ensure the con- Tomorrow, Friday, June 15, the Clay pressed concern that it was being co- tinued participation of minority stu- County Commission and the Clay erced to teach to the National Assess- dents. County African-American Legacy Con- ment tests. In fact, each test is devel- Missouri Boys State plays an inte- sortium will dedicate the Legacy Me- oped through a national consensus gral role in developing our youth in morial and Fountain honoring Clay process in which State standards and Missouri. Therefore, I ask that my col- County African-American pioneers and assessments are considered. Before de- leagues recognize all that Boys State

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6316 CONGRESSIONAL RECORD — SENATE June 14, 2001 does for our young men and wish them project. Together they created the Vieques, Puerto Rico, or increasing well as they open their 2001 session. Saffir-Simpson Damage Potential force protection for Sailors and Ma- f Scale, which established the five cat- rines in the aftermath of the USS egories of hurricane severity. The COLE terrorist attack, or addressing THE VERY BAD DEBT BOXSCORE Saffir-Simpson Scale is still used today the encroachment issues that com- Mr. HELMS. Mr. President, at the and is a vital tool to assess the possible plicate our operational and training close of business yesterday, Wednes- destruction associated with an ap- ranges, Robert Pirie’s leadership has day, June 13, 2001, the Federal debt proaching hurricane. been vital to the readiness and success stood at $5,681,952,015,740.15, Five tril- When Hurricane Andrew tore through of our country’s military forces. lion, six hundred eighty-one billion, Florida in August 1992, weather fore- Secretary Pirie provided exceptional nine hundred fifty-two million, fifteen casters relayed information on the advice, support and guidance to the thousand, seven hundred forty dollars powerful storm to concerned citizens Secretary of Defense, the Secretary of and fifteen cents. using the ratings system. But, Herb the Navy, the Chief of Naval Oper- One year ago, June 13, 2000, the Fed- Saffir was not satisfied to just lend his ations, and the Commandant of the eral debt stood at $5,651,369,000,000, Five name to the efforts to mitigate damage Marine Corps. His keen insight, relent- trillion, six hundred fifty-one billion, from Hurricane Andrew. He also lent a less dedication, and extraordinary tal- three hundred sixty-nine million. hand. Using his vast engineering ent have contributed significantly to Five years ago, June 13, 1996, the Fed- knowledge and experience, Mr. Saffir building and maintaining the world’s eral debt stood at $5,139,482,000,000, Five was integral in the rebuilding of South best-trained, best-equipped, and best- trillion, one hundred thirty-nine bil- Florida. He was recognized for his ef- prepared Navy and Marine Corps. His lion, four hundred eighty-two million. forts with the Florida Engineering So- vision has positively shaped the future Ten years ago, June 13, 1991, the Fed- ciety’s Engineer of the Year Award in readiness and capabilities of the fleet eral debt stood at $3,494,282,000,000, 1994. in ways that will resonate for many Three trillion, four hundred ninety Mr. Saffir work continues to be rec- years. four billion, two hundred eighty-two ognized today. The American Society It is a pleasure to recognize Sec- million. of Civil Engineers recently recognized retary Pirie for his many contributions Fifteen years ago, June 13, 1986, the Mr. Saffir for his research and develop- in a life devoted to our nation’s secu- Federal debt stood at $2,046,290,000,000, ment of wind-damage analysis on rity as he leaves the Department of the Two trillion, forty-six billion, two hun- structures, and for the creation of the Navy. I know my colleagues join me in dred ninety million, which reflects a Saffir-Simpson Scale now used exten- wishing him and his wife Joan much debt increase of more than $3.5 trillion, sively by emergency management or- happiness and fair winds and following $3,635,662,015,740.15, Three trillion, six ganizations as far away as Australia. seas as they begin a new chapter in hundred thirty-five billion, six hundred In fact, the National Hurricane Center their lives.∑ sixty-two million, fifteen thousand, described Mr. Saffir as ‘‘a national f seven hundred forty dollars and fifteen treasure.’’ IN HONOR OF BARBARA L. BAILEY cents during the past 15 years. Herb Saffir is a remarkable American ∑ f and a credit to the State of Florida. It Mr. LIEBERMAN. Mr. President, I brings me great joy to recognize his ac- rise to speak today in memory of Mrs. ADDITIONAL STATEMENTS complishments today.∑ Barbara L. Bailey, a great and gracious f lady, the first lady of Connecticut Democratic politics, who passed away TRIBUTE TO HERBERT SAFFIR TRIBUTE TO THE HONORABLE this past Monday. ∑ Mr. GRAHAM. Mr. President, today I ROBERT B. PIRIE, JR. As my colleague Senator CLINTON would like to recognize an outstanding ∑ Mr. LEVIN. Mr. President, I rise said when she introduced Mrs. Bailey Floridian, Mr. Herbert Saffir. Herb today to recognize an outstanding pub- at the White House a few years back, Saffir graduated from the Georgia In- lic servant, Robert B. Pirie, Jr., as he Mrs. Bailey ‘‘has been a stalwart of the stitute of Technology in 1940 with a completes more than 7 years of contin- Democratic Party in Connecticut and bachelor’s degree in civil engineering. uous service within the civilian leader- progressive politics . . . in the coun- He served in the Army during World ship of the Department of the Navy, try.’’ I first met Barbara Bailey when I War II and worked as an engineer with first as Assistant Secretary of the was writing my senior thesis at college federal agencies and private-sector Navy, Installations and Environment, on her husband, John Bailey, former firms in New York, Ohio, Tennessee, then as the Under Secretary of the Democratic National Committee Chair- and Virginia before moving to South Navy, and finally as Acting Secretary man under President Kennedy and leg- Florida in 1947. For the next 12 years he of the Navy. In each capacity, he endary Connecticut political leader. was an assistant county engineer for worked tirelessly to serve America and Mrs. Bailey was an astute political Miami-Dade County. In 1959, he started our Navy and Marine Corps. His time advisor and partner to her husband. his own structural engineering firm, in the Pentagon was the pinnacle of a She was known as a gracious host to Herbert Saffir Consulting Engineers, in public service career spanning fifty politicians at all levels of government. Coral Gables, FL. years. Mrs. Bailey entertained such political Herb Saffir is considered one of the Secretary Pirie is a 1955 Naval Acad- luminaries as President John F. Ken- foremost experts on engineering build- emy graduate, whose achievements as nedy and Vice President Hubert H. ings to resist damage by high winds. a midshipman propelled him to a Humphrey and many, many others. His expertise was so integral in the for- Rhodes Scholarship. He served 20 years After her husband died in 1975 Mrs. mulating of the building codes in on active duty, a military career that Bailey continued to follow Democratic South Florida that he is known as the culminated in command-at-sea aboard politics closely and actively. In fact, a ‘‘father of the Miami building code.’’ a nuclear attack submarine. Secretary few years ago four generations of Bai- Although this is a great achievement, Pirie went on to provide exceptional leys gathered at the White House when Herb Saffir’s accolades go even further. public service as a Deputy Assistant Barbara spoke about the importance of In 1972, Robert Simpson, former Di- Secretary of Defense in the Carter Ad- health care and introduced President rector of the National Hurricane Cen- ministration. Clinton at the White House on Moth- ter had difficulty describing to emer- When he returned to the Department er’s Day. gency management and disaster offi- of the Navy seven and a-half years ago, Mrs. Bailey has also spent her life de- cials what kind of damage to expect his confident leadership and far-reach- voted to public service, especially on from approaching hurricanes. It was ing vision helped the Navy navigate issues concerning women. Just last determined that a scale was needed to through many complex issues. Whether month, the 93-year-old Mrs. Bailey re- give disaster officials an idea of what leading the Department’s efforts to ceived a lifetime achievement award to expect from a storm. Herb Saffir was conduct critical training at the Atlan- from the Ladies Auxiliary of Saint enlisted to work with Simpson on this tic Fleet Weapons Training Facility at Francis Hospital and Medical Center in

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6317 Hartford. She also spent ten years as a George’s unceasing efforts on behalf of MESSAGES FROM THE PRESIDENT trustee of the University of Con- its members. In 1979, when George Messages from the President of the necticut. began his leadership of the union, it United States were communicated to Mrs. Bailey is known to Connecticut had about 11,000 members, almost all of the Senate by Ms. Evans, one of his as the matriarch of a distinguished po- whom were teachers. Today, the union secretaries. litical family. Her family has always has 24,000 members, including teachers f been most important to her and I know and other professional school-related it was a joy for her to see her children employees, State and municipal em- EXECUTIVE MESSAGES REFERRED and grandchildren continue the tradi- ployees, health care professionals, and As in executive session the Presiding tion of civic involvement that she and higher education faculty. Twenty-two Officer laid before the Senate messages her husband believed in so deeply. Her years ago, the union had only one full- from the President of the United daughter, Barbara Bailey Kennelly, is time officer, two clerical employees, States submitting sundry nominations the former U.S. Representative from and a handful of field representatives. which were referred to the appropriate Connecticut’s first district and has run Today, it has three full-time officers, a committees. for Governor of the Nutmeg State. Her staff of 15, and numerous field rep- (The nominations received today are son, Jack Bailey, is currently the chief resentatives. George rightly is proud of printed at the end of the Senate pro- State’s attorney. And just this summer the increased diversity of his union. ceedings.) Mrs. Bailey’s grandson, Austin Per- kins, represented Connecticut as a del- George also ought to be proud of f egate to the Democratic National Con- what his advocacy has brought—not MESSAGES FROM THE HOUSE vention in Los Angeles, CA. only benefits for union members, but ENROLLED BILL SIGNED Barbara Bailey’s death is a loss for also the ability for them to do their At 9:19 a.m., a message from the me personally and for the whole of jobs better, to better serve the children House of Representatives, delivered by Connecticut. We will remember her and all citizens of Connecticut. George Ms. Niland, one of its reading clerks, fondly as a gracious woman of prin- tirelessly has fought for greater in- announced that the Speaker has signed ciple, a champion of good causes and a volvement for the union and its mem- the following enrolled bill: beloved mother, grandmother and bers in legislative and policy matters. I ∑ H.R. 1914. An act to extend for 4 additional friend. think it is especially appropriate, as we months the period for which chapter 12 of f prepare to complete debate on reau- title 11 of the United States Code is reen- IN RECOGNITION OF THE 100TH AN- thorization of the Elementary and Sec- acted. NIVERSARY OF MINNEAPOLIS ondary Education Act of 1965, to talk The enrolled bill was signed subse- METAL WORKERS LODGE 459 about how public education in Con- quently by the President pro tempore necticut has changed for the better ∑ (Mr. BYRD). Mr. DAYTON. Mr. President, I rise during George’s tenure. today to salute the Capitol City and At 11:53 a.m., a message from the In 1979, teacher pay was poor, the gap Minneapolis Metal Workers Lodge 459 House of Representatives, delivered by between the quality of schools for on the occasion of their 100th Anniver- Mr. Hays, one of its reading clerks, an- wealthy children and those for poor sary. nounced that the House has passed the children was great, and relations be- For a century, members of this Min- following bills, in which it requests the tween the union and school boards was nesota Union have fought for and se- concurrence of the Senate: cured fair wages and decent, safe work- contentious. Today, teacher salaries ing conditions for all workers. Through and student achievement in Con- H.R. 1157. An act to authorize the Sec- retary of Commerce to provide financial as- the years the brothers and sisters of necticut are among the best in the sistance to the States of Alaska, Wash- Lodge 459 have labored tirelessly to country, the State is working to pro- ington, Oregon, California, and Idaho for guarantee that each worker’s rights vide a quality education for all chil- salmon habitat restoration projects in coast- are respected, each family’s future is dren, and the union frequently works al waters and upland drainages, and for other insured. hand in hand with school management purposes. A strong labor force is the backbone to improve the school system. H.R. 2052. An act to facilitate famine relief of our economy; it is the power behind efforts and a comprehensive solution to the every successful business, every grow- But, George’s influence has not been war in Sudan. ing community. Today, the proud limited to Connecticut, or even the The message also announced that the members of Lodge 459 continue in the United States. As President, George House has agreed to the following con- strong tradition of their parents and has represented the union around the current resolution, in which it requests grandparents. They reflect the dedica- country and around the world, in such the concurrence of the Senate: tion and determination which are the places as Brazil, Belgium, Hong Kong, H. Con. Res. 145. Concurrent resolution hallmark of the labor movement in our Japan, and Sweden. He also has served condemning the recent order by the Taliban Nation. Together, they will safeguard as an election observer in South Africa regime of Afghanistan to require Hindus in the future for our children and grand- and Nigeria. I have no doubt that from Afghanistan to wear symbols identifying children. And in doing so, they will as- New Britain, Connecticut, where he them as Hindu. taught for 20 years, to the many places sure that in America, businesses will At 4:24 p.m., a message from the he has been around the world, George thrive, communities will grow, and House of Representatives, delivered by ∑ has left his mark. Nor do I doubt that families will succeed. Mr. Hays, one of its reading clerks, an- he will continue to leave his mark, as f nounced that the House has passed the he works hard at the AFT to better following bill, in which it requests the TRIBUTE TO GEORGE C. SPRINGER connect State and local affiliates with concurrence of the Senate: ∑ Mr. DODD. Mr. President, I rise to the national organization and with honor George C. Springer, who is step- each other. H.R. 1088. An act to amend the Securities ping down this month after an unprece- Exchange Act of 1934 to reduce fees collected Tonight, George’s fellow union mem- by the Securities and Exchange Commission, dented 11 two-year terms as the Presi- bers, other friends, and his family are and for other purposes. dent of the Connecticut Federation of gathering in Hartford to celebrate his f Educational and Professional Employ- leadership of the union. I regret that I ees, formerly the Connecticut State MEASURES REFERRED cannot join them in person, but cer- Federation of Teachers. George will re- tainly I join them in spirit. The following bill was read the first main active in the union as the re- and the second times by unanimous cently-appointed director of the Amer- It has been my privilege to know consent, and referred as indicated: ican Federation of Teachers’ Northeast George for many years, and I offer my H.R. 1157. An act to authorize the Sec- Region. admiration and gratitude for his work, retary of Commerce to provide financial as- I mentioned the change in the and best wishes as he moves on to new sistance to the States of Alaska, Wash- union’s name because it highlights challenges.∑ ington, Oregon, California, and Idaho for

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6318 CONGRESSIONAL RECORD — SENATE June 14, 2001 salmon habitat restoration projects in coast- By Mr. SARBANES (for himself, Ms. planning, and for other purposes; to the al waters and upland drainages, and for other MIKULSKI, Mr. WARNER , and Mr. Committee on Commerce, Science, and purposes; to the Committee on Commerce, ALLEN): Transportation. Science, and Transportation. S. 1045. A bill to amend the National Oce- By Mr. AKAKA (for himself and Mr. The following concurrent resolution anic and Atmospheric Administration Au- INOUYE): thorization Act of 1992 to revise and enhance was read, and referred as indicated: S. 1057. A bill to authorize the addition of authorities, and to authorize appropriations, lands to Pu’uhonua o Honaunau National H. Con. Res. 145. Concurrent resolution for the Chesapeake Bay Office, and for other Historical Park in the State of Hawaii, and condemning the recent order by the Taliban purposes; to the Committee on Commerce, for other purposes; to the Committee on En- regime of Afghanistan to require Hindus in Science, and Transportation. ergy and Natural Resources. Afghanistan to wear symbols identifying By Mr. ROBERTS (for himself and Mr. f them as Hindu; to the Committee on Foreign BROWNBACK): Relations. S. 1046. A bill to establish a commission for SUBMISSION OF CONCURRENT AND f the purpose of encouraging and providing for SENATE RESOLUTIONS the commemoration of the 50th anniversary MEASURES PLACED ON THE of the Supreme Court decision in Brown v. The following concurrent resolutions CALENDAR Board of Education; to the Committee on the and Senate resolutions were read, and Judiciary. referred (or acted upon), as indicated: The following bill was read the first By Mr. GRAMM (for himself and Mrs. and second times by unanimous con- By Mr. LOTT (for himself and Mr. HUTCHISON): DASCHLE): sent, and placed on the calendar: S. 1047. A bill to amend the Internal Rev- S. Res. 110. A resolution relating to the re- H.R. 1088. An act to amend the Securities enue Code of 1986 to provide for nonrecogni- tirement of Sharon Zelaska Assistant Sec- Exchange Act of 1934 to reduce fees collected tion of gain on dispositions of dairy property retary of the Senate; considered and agreed by the Securities and Exchange Commission, which is certified by the Secretary of Agri- to. and for other purposes. culture as having been the subject of an By Mr. LOTT (for himself and Mr. agreement under the bovine tuberculosis f DASCHLE): eradication program, and for other purposes; S. Res. 111. A resolution commending Rob- INTRODUCTION OF BILLS AND to the Committee on Finance. ert ‘‘Bob’’ Dove on his service to the Senate; By Mr. DEWINE (for himself, Mr. JOINT RESOLUTIONS considered and agreed to. LEAHY, Mr. VOINOVICH, Mr. BREAUX, By Mr. ALLARD (for himself, Mrs. Mr. CONRAD, Mr. LUGAR, Mr. The following bills and joint resolu- HUTCHISON, Mr. HAGEL, Mr. CLELAND, SANTORUM, Ms. LANDRIEU, and Mr. tions were introduced, read the first Mr. BOND, Mr. INHOFE, Mr. HUTCH- HATCH): and second times by unanimous con- INSON, Mr. JEFFORDS, Mr. ROBERTS, S. 1048. A bill to amend the Internal Rev- Mr. REED, Mr. SMITH of New Hamp- sent, and referred as indicated: enue Code of 1986 to provide relief for pay- shire, Mr. WARNER, Mr. LEVIN, Ms. By Mrs. HUTCHISON (for herself, Mr. ment of asbestos-related claims; to the Com- COLLINS, Mr. BUNNING, Mr. DAYTON, INOUYE, Mr. HUTCHINSON, and Mr. mittee on Finance. Mr. KENNEDY, Mr. MCCAIN, Mr. STEVENS): By Mr. TORRICELLI: S. 1037. A bill to amend title 10, United S. 1049. A bill to provide for an election to ALLEN, Mr. THURMOND, Mr. States Code, to authorize disability retire- exchange research-related tax benefits for a SANTORUM, Mr. SESSIONS, Ms. LAN- ment to be granted posthumously for mem- refundable tax credit, for the recapture of re- DRIEU, and Mr. DURBIN): bers of the Armed Forces who die in the line funds in certain circumstances, and for other S. Res. 112. A resolution honoring the of duty while on active duty, and for other purposes; to the Committee on Finance. United States Army on its 226th birthday; purposes; to the Committee on Armed Serv- By Mr. SANTORUM (for himself, Mr. considered and agreed to. ices. FITZGERALD, and Mr. VOINOVICH): By Mrs. BOXER (for herself and Mr. By Mr. JEFFORDS (for himself and S. 1050. A bill to protect infants who are SMITH of Oregon): S. Con. Res. 49. A concurrent resolution Mr. LEAHY): born alive; to the Committee on the Judici- S. 1038. A bill to amend the Internal Rev- ary. urging the return of portraits painted by enue Code of 1986 to improve access to tax- By Mr. WARNER (for himself and Mr. Dina Babbitt during her internment at exempt debt for small nonprofit health care ALLEN): Auschwitz that are now in the possession of and educational institutions; to the Com- S. 1051. A bill to expand the boundary of the Auschwitz-Birkenau State Museum; to mittee on Finance. the Booker T. Washington National Monu- the Committee on Foreign Relations. By Mr. INOUYE: ment, and for other purposes; to the Com- By Mr. LEVIN (for himself and Ms. S. 1039. A bill for the relief of the State of mittee on Energy and Natural Resources. STABENOW): S. Con. Res. 50. A concurrent resolution Hawaii; to the Committee on Finance. By Mr. McCAIN (for himself, Mr. recognizing the important contributions By Mr. SHELBY: EDWARDS, and Mr. KENNEDY): that local governments make to sustainable S. 1040. A bill to promote freedom, fairness, S. 1052. A bill to amend the Public Health Service Act and the Employee Retirement development and ensuring a viable future for and economic opportunity for families by re- Income Security Act of 1974 to protect con- our planet; to the Committee on Environ- ducing the power and reach of the Federal sumers in managed care plans and other ment and Public Works. establishment; to the Committee on Fi- health coverage; read the first time. nance. f By Mr. HARKIN (for himself, Mr. By Mr. FEINGOLD: AKAKA, Mr. BINGAMAN, Mr. MUR- ADDITIONAL COSPONSORS S. 1041. A bill to establish a program for an KOWSKI, Mr. REID, Mr. DOMENICI, Mr. information clearinghouse to increase public S. 88 KYL, Mr. BAYH, Mr. INOUYE, Mr. LIE- access to defibrillation in schools; to the At the request of Mr. ROCKEFELLER, BERMAN, and Mr. JEFFORDS): Committee on Health, Education, Labor, and S. 1053. A bill to reauthorize and amend the the names of the Senator from North Pensions. Spark M. Matsunaga Hydrogen Research, De- Dakota (Mr. DORGAN) and the Senator By Mr. INOUYE: velopment, and Demonstration Act of 1990, from Virginia (Mr. ALLEN) were added S. 1042. A bill to amend title 38, United and for other purposes; to the Committee on States Code, to improve benefits for Filipino as cosponsors of S. 88, a bill to amend Energy and Natural Resources. the Internal Revenue Code of 1986 to veterans of World War II, and for other pur- By Mr. KOHL (for himself and Mr. poses; to the Committee on Veterans’ Af- provide an incentive to ensure that all REID): fairs. S. 1054. A bill to amend titles XVIII and Americans gain timely and equitable By Mr. REID: XIX of the Social Security Act to prevent access to the Internet over current and S. 1043. A bill to extend the deadline for abuse of recipients of long-term care services future generations of broadband capa- commencement of construction of a hydro- under the Medicare and Medicaid programs; bility. electric project in the State of Nevada; to to the Committee on Finance. S. 278 the Committee on Energy and Natural Re- By Mrs. FEINSTEIN: sources. S. 1055. A bill to require the consent of an At the request of Mr. JOHNSON, the By Mr. SARBANES (for himself, Mr. individual prior to the sale and marketing of name of the Senator from Massachu- WARNER, Mr. ALLEN, and Ms. MIKUL- such individual’s personally identifiable in- setts (Mr. KERRY) was added as a co- SKI): formation, and for other purposes; to the sponsor of S. 278, a bill to restore S. 1044. A bill to amend the Federal Water Committee on the Judiciary. health care coverage to retired mem- Pollution Control Act to provide assistance By Mrs. MURRAY (for herself, Mrs. bers of the uniformed services. for nutrient removal technologies to States BOXER, Ms. CANTWELL, Mr. KENNEDY, S. 530 in the Chesapeake Bay watershed; to the Ms. LANDRIEU, and Mr. SCHUMER): Committee on Environment and Public S. 1056. A bill to authorize grants for com- At the request of Mr. GRASSLEY, the Works. munity telecommunications infrastructure names of the Senator from Oregon (Mr.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6319 WYDEN), the Senator from Hawaii (Mr. cosponsor of S. 677, a bill to amend the centers in Federal facilities, and for AKAKA), the Senator from Louisiana Internal Revenue Code of 1986 to repeal other purposes. (Ms. LANDRIEU), the Senator from Illi- the required use of certain principal re- S. 1004 nois (Mr. DURBIN), and the Senator payments on mortgage subsidy bond fi- At the request of Mr. JEFFORDS, the from Nebraska (Mr. HAGEL) were added nancing to redeem bonds, to modify the name of the Senator from Massachu- as cosponsors of S. 530, a bill to amend purchase price limitation under mort- setts (Mr. KENNEDY) was added as a co- the Internal Revenue Code of 1986 to gage subsidy bond rules based on me- sponsor of S. 1004, a bill to provide for provide a 5-year extension of the credit dian family income, and for other pur- the construction and renovation of for producing electricity from wind. poses. child care facilities, and for other pur- S. 532 S. 678 poses. At the request of Mr. DORGAN, the At the request of Mr. BOND, the name S. 1019 name of the Senator from Georgia (Mr. of the Senator from Arkansas (Mrs. At the request of Mrs. FEINSTEIN, the CLELAND) was added as a cosponsor of LINCOLN) was added as a cosponsor of S. name of the Senator from New Jersey S. 532, a bill to amend the Federal In- 678, a bill to amend the Federal Water (Mr. CORZINE) was added as a cosponsor secticide, Fungicide, and Rodenticide Pollution Control Act to establish a of S. 1019, a bill to provide for moni- Act to permit a State to register a Ca- program for fisheries habitat protec- toring of aircraft air quality, to require nadian pesticide for distribution and tion, restoration, and enhancement, air carriers to produce certain mechan- use within that State. and for other purposes. ical and maintenance records, and for S. 543 S. 756 other purposes. At the request of Mr. WELLSTONE, the At the request of Mr. GRASSLEY, the S. RES. 71 name of the Senator from Michigan names of the Senator from Idaho (Mr. At the request of Mr. HARKIN, the (Ms. STABENOW) was added as a cospon- CRAPO), the Senator from California names of the Senator from North Caro- sor of S. 543, a bill to provide for equal (Mrs. FEINSTEIN), and the Senator from lina (Mr. EDWARDS), the Senator from coverage of mental health benefits Delaware (Mr. CARPER) were added as Maryland (Mr. SARBANES), the Senator with respect to health insurance cov- cosponsors of S. 756, a bill to amend the from California (Mrs. FEINSTEIN), and erage unless comparable limitations Internal Revenue Code of 1986 to extend the Senator from Wisconsin (Mr. KOHL) are imposed on medical and surgical and modify the credit for electricity were added as cosponsors of S. Res. 71, benefits. produced from biomass, and for other a resolution expressing the sense of the S. 570 purposes. Senate regarding the need to preserve At the request of Mr. BIDEN, the S. 860 six day mail delivery. name of the Senator from Rhode Island At the request of Mr. GRASSLEY, the AMENDMENT NO. 516 (Mr. REED) was added as a cosponsor of names of the Senator from North Caro- At the request of Mr. WELLSTONE, his S. 570, a bill to establish a permanent lina (Mr. HELMS), the Senator from Illi- name was added as a cosponsor of Violence Against Women Office at the nois (Mr. FITZGERALD), the Senator amendment No. 516. Department of Justice. from Maine (Ms. SNOWE), the Senator At the request of Mrs. CLINTON, the S. 583 from Michigan (Ms. STABENOW), the name of the Senator from Nevada (Mr. At the request of Mr. KENNEDY, the Senator from Mississippi (Mr. COCH- REID) was added as a cosponsor of name of the Senator from Maine (Ms. RAN), and the Senator from North Da- amendment No. 516, supra. ORGAN COLLINS) was added as a cosponsor of S. kota (Mr. D ) were added as co- AMENDMENT NO. 604 sponsors of S. 860, a bill to amend the 583, a bill to amend the Food Stamp At the request of Mr. SESSIONS, the Act of 1977 to improve nutrition assist- Internal Revenue Code of 1986 to pro- names of the Senator from Virginia vide for the treatment of certain ex- ance for working families and the el- (Mr. ALLEN), the Senator from Mis- penses of rural letter carriers. derly, and for other purposes. souri (Mr. BOND), and the Senator from S. 590 S. 887 Ohio (Mr. VOINOVICH) were added as co- At the request of Mr. JEFFORDS, the At the request of Mr. WELLSTONE, the sponsors of amendment No. 604. name of the Senator from Minnesota name of the Senator from Nevada (Mr. AMENDMENT NO. 648 (Mr. DAYTON) was added as a cosponsor ENSIGN) was added as a cosponsor of S. At the request of Mr. DOMENICI, his 887, a bill to amend the Torture Vic- of S. 590, a bill to amend the Internal name was added as a cosponsor of tims Relief Act of 1986 to authorize ap- Revenue Code of 1986 to allow a refund- amendment No. 648. able tax credit for health insurance propriations to provide assistance for At the request of Mr. HELMS, the domestic centers and programs for the costs, and for other purposes. names of the Senator from Wyoming treatment of victims of torture. S. 627 (Mr. ENZI) and the Senator from Ar- At the request of Mr. GRASSLEY, the S. 908 kansas (Mr. HUTCHINSON) were added as name of the Senator from Rhode Island At the request of Mr. BROWNBACK, the cosponsors of amendment No. 648, (Mr. CHAFEE) was added as a cosponsor name of the Senator from Virginia (Mr. supra. of S. 627, a bill to amend the Internal ALLEN) was added as a cosponsor of S. Revenue Code of 1986 to allow individ- 908, a bill to require Congress and the f uals a deduction for qualified long- President to fulfill their Constitutional STATEMENTS ON INTRODUCED term care insurance premiums, use of duty to take personal responsibility for BILLS AND JOINT RESOLUTIONS Federal laws. such insurance under cafeteria plans By Mrs. HUTCHISON (for herself, and flexible spending arrangements, S. 999 Mr. INOUYE, Mr. HUTCHINSON, and a credit for individuals with long- At the request of Mr. BINGAMAN, the and Mr. STEVENS): term care needs. name of the Senator from Louisiana S. 1037. A bill to amend title 10, S. 670 (Ms. LANDRIEU) was added as a cospon- United States Code, to authorize dis- At the request of Mr. DASCHLE, the sor of S. 999, a bill to amend title 10, ability retirement to be granted post- name of the Senator from Nebraska United States Code, to provide for a humously for members of the Armed (Mr. NELSON) was added as a cosponsor Korea Defense Service Medal to be Forces who die in the line of duty while of S. 670, a bill to amend the Clean Air issued to members of the Armed Forces on active duty, and for other purposes; Act to eliminate methyl tertiary butyl who participated in operations in to the Committee on Armed Services. ether from the United States fuel sup- Korea after the end of the Korean War. Mrs. HUTCHISON. Mr. President, I ply and to increase production and use S. 1003 am pleased to be joined by Senator of ethanol, and for other purposes. At the request of Mr. JEFFORDS, the INOUYE and Senator HUTCHINSON to S. 677 name of the Senator from Massachu- offer legislation on a very important At the request of Mr. HATCH, the setts (Mr. KENNEDY) was added as a co- issue for those military men and name of the Senator from Pennsyl- sponsor of S. 1003, a bill to ensure the women who serve our country every vania (Mr. SANTORUM) was added as a safety of children placed in child care day. Our current military retirement

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6320 CONGRESSIONAL RECORD — SENATE June 14, 2001 system, I have come to understand, has I ask unanimous consent that the ment of an annuity to the member’s sur- a serious flaw on it. text of the bill be printed in the viving spouse under that paragraph subse- We often memorialize those soldiers, RECORD. quently terminates’’. sailors, and airmen who died in com- There being no objection, the bill was (c) COMPUTATION OF SURVIVOR ANNUITY.— bat, but too often we forget that serv- Section 1451(c) of title 10, United States ordered to be printed in the RECORD, as Code, is amended by adding at the end the ice men and women die frequently dur- follows: following new paragraph: ing daily operations or while training. S. 1037 ‘‘(5) SERVICE MEMBERS POSTHUMOUSLY RE- In the past five years, 2,206 military Be it enacted by the Senate and House of Rep- TIRED.—In the case of an annuity provided families lost their spouse, father or resentatives of the United States of America in under section 1448(d)(1)(B) of this title, the mother while serving their country. In Congress assembled, retired pay to which the member would have just the past year we have mourned the SECTION 1. POSTHUMOUS DISABILITY RETIRE- been entitled when the member died shall be loss of the sailors on the USS Cole, Air MENT FOR MEMBERS OF THE determined for purposes of paragraph (1) Force pilots in Scotland, and soldiers ARMED FORCES WHO DIE IN THE based upon the retired pay base computed for LINE OF DUTY WHILE ON ACTIVE the member under section 1406(b) or 1407 of in helicopter crashes in Hawaii, and DUTY. Vietnam. What is not fully understood this title as if the member had been retired (a) AUTHORITY.—Chapter 61 of title 10, under section 1201 of this title on the date of is that their families do not receive United States Code, is amended by adding at the member’s death.’’. their full retirement pensions in many the end the following new section: (d) CONFORMING AMENDMENT.—Section cases. Because service members are not ‘‘§ 1222. Posthumous retirement: retroactive 1451(c)(3) of such title is amended by striking vested in their retirement system until effective date; related elections ‘‘section 1448(d)(1)(B) or 1448(d)(1)(C)’’ and in- the day they retire active duty per- ‘‘(a) AUTHORITY.—Upon a determination by serting ‘‘clause (ii) or (iii) of section sonnel do not qualify for a retirement the Secretary concerned that it is advan- 1448(d)(1)(A)’’. pension unless the services medically tageous for the survivors of a member of the SEC. 3. EFFECT DATE AND APPLICABILITY. retire them before death. This has armed forces who dies in the line of duty This Act and the amendments made by caused hardships to families and neces- while on active duty, the Secretary con- this Act shall take effect on the date of the sitated extraordinary efforts by com- cerned may— enactment of this Act and shall apply with manders and medical and manpower ‘‘(1) posthumously retire the member respect to deaths of members of the Armed under section 1201 of this title effective im- Forces occurring on or after that date. personnel. mediately before the member’s death; and Most Americans, and even many in ‘‘(2) make for the deceased member any By Mr. JEFFORDS (for himself uniform, do not understand that this election with respect to survivor benefits and Mr. LEAHY): affects those with one year of service under laws referred to in subsection (c) that S. 1038. A bill to amend the Internal as well as those with thirty. If these the deceased member would have been enti- Revenue Code of 1986 to improve access military members were in the Federal tled to make upon being retired under that to tax-exempt debt for small nonprofit section. service system, or a policeman in Ari- health care and educational institu- ‘‘(b) CONSTRUCTION WITH SECTION 1201 RE- zona, their family would be able to re- tions; to the Committee on Finance. ceive part of their pension. This bill QUIREMENTS.—Nothing in this section modifies the requirements set forth in section Mr. JEFFORDS. Mr. President, today will correct that inequity by amending 1201 of this title regarding determinations or I am introducing the Health and High- Sections 1222 and 1448 of Title 10 U.S.C. eligibility. er Education Facilities Improvement and allowing members of the armed ‘‘(c) ADMINISTRATION OF BENEFITS LAWS.—A Act of 2001. This legislation will help forces on active duty who die while retirement and election under subsection (a) small non-profit health and edu- serving in the line of duty to be post- shall be effective for the purposes of laws ad- cational institutions more effectively humously retired. In addition, the bill ministered by the Secretary of Defense or any Secretary concerned and laws adminis- finance the cost of essential services, would allow the services to ensure the and lead to new facility construction. family is given the best choice of bene- tered by the Secretary of Veterans Affairs. ‘‘(d) NONREVIEWABILITY OF DETERMINA- By modifying the laws that restrict de- fits based on their individual situation. TIONS.—A determination or election made by ductibility or ‘‘bank financing for This is the least we can do when they a Secretary concerned under subsection (a) is small non-profit organizations that make the ultimate sacrifice for their not subject to judicial review.’’. need it the most: small local hospitals country. LERICAL MENDMENT (b) C A .—The table of and colleges. Though we have not been involved in sections at the beginning of such chapter is The Tax Reform Act of 1986 uninten- a major conflict in more than ten amended by adding at the end the following tionally discriminated against small years, every day we deploy our mili- new item: non-profit educational and health care tary to many more places than we did ‘‘1222. Posthumous retirement: retroactive just a decade ago. The day-to-day ac- effective date; related elec- facilities that want to sell small tivities of our armed forces are inher- tions.’’. amounts of tax-exempt debt to commu- ently dangerous. If we are going to SEC. 2. SURVIVOR BENEFIT PLAN. nity banks. Before 1986, banks and fi- maintain and recruit a quality force, (a) SURVIVING SPOUSE ANNUITY.—Section nancial institutions could deduct the we must reassure those who serve that 1448(d) of title 10, United States Code, is interest incurred to carry tax-exempt amended by striking paragraph (1) and in- bonds. This allowed banks to purchase we are going to provide for their fam- serting the following: ily. I believe that Brigadier General tax-exempt bonds at attractive rates. ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec- The 1986 tax act repealed bank deduct- William Caldwell, Assistant Division retary concerned shall pay an annuity under Commander of the 25th Infantry Divi- this subchapter to the surviving spouse of a ibility, but an exception was retained sion, said it best, ‘‘Everything we do is member who— for small governmental issuers that complex.’’ BG Caldwell made this com- ‘‘(A) dies in the line of duty while on active issue bonds of $10 million or less each ment after the crash of two helicopters duty after— year. in Hawaii that killed six members of ‘‘(i) becoming eligible to receive retired This exception was designed to pre- pay; serve bank deductibility for small local the 25th Infantry Division. That sums ‘‘(ii) qualifying for retired pay except that up the situation perfectly. governments, but does not help small the member has not applied for or been non-profit institutions. The small This bill will be a step in the right di- granted that pay; or rection and is a way to help repay our ‘‘(iii) completing 20 years of active service issuer exception to be of little value in debt to our military and their families. but before the member is eligible to retire as many States, like Vermont where Not only is it the right thing and fair a commissioned officer because the member statewide health care and higher edu- thing to do, but during these times of has not completed 10 years of active commis- cation bond issuing authorities typi- increased deployments and personnel sioned service; or cally issue many millions of dollars of shortages, it is in our national interest ‘‘(B) dies in the line of duty while on active debt each year. The legislation I am in- to continue to show our dedicated serv- duty and is posthumously retired under sec- troducing today will modify the small tion 1201 of this title pursuant to section 1222 issuer exception by granting bond ice members that we appreciate their of this title.’’. sacrifice and commitment. (b) DEPENDENT CHILD ANNUITY.—Paragraph issuers the right to apply the small I commend the Senator from Hawaii (2) of such section is amended by striking issuer exception at the level of the ulti- for his support on this issue and urge ‘‘or if the member’s surviving spouse subse- mate beneficiary of the funding. Con- other Senators to join us in this effort. quently dies’’ and inserting ‘‘or if the pay- sequently, a small college or health

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6321 care facility borrowing less than $10 A flat tax does not mean that a that a tax code should have one pur- million in tax-exempt debt in any one school teacher will have the same tax pose and that is to collect revenue. year could elect tax-exempt status for liability as Bill Gates. The principles I hope that my colleagues will begin that debt, even if it is issued by a of math dictate that people who make to seriously look at alternatives to the statewide authority. This would make more will still pay more in taxes with current code. The legislation I have in- the debt more attractive to local a single rate. The difference is that troduced today is an excellent oppor- banks, and could result in significant with a flat tax those who earn more tunity to bring this debate to the floor savings for beneficiary institutions will no longer be penalized by rising of the Senate. The combination of free- over the life of the bond. marginal rates. dom, simplicity and fairness make the The Health and Higher Education Fa- My bill also increases tax fairness by flat tax the ultimate goal of true tax cilities Improvement Act of 2001 fo- eliminating itemized deductions and reform. I urge my colleagues to join me cuses the benefit of the small issuer ex- credits. While these tax breaks benefit in support of meaningful and com- emption on smaller non-profits, with- those who are lucky enough to claim prehensive tax reform. out regard to whether the bond issuer them, they consequently hurt the tax- is a government entity issuing more payers who are not. As a result, people By Mr. FEINGOLD: than $10 million in bonds per year. with the same yearly salaries can pay S. 1041. A bill to establish a program Small non-profits are important com- very different Federal income taxes de- for an information clearinghouse to in- munity institutions; they stand to ben- pending on whether they have children, crease public access to defibrillation in efit from greater access to tax-exempt they decide to own or rent a home, or schools; to the Committee on Health, debt. Wall Street and large money cen- decide to finance a family vacation Education, Labor, and Pensions. ter banks may have little interest in through a credit card or a home equity Mr. FEINGOLD. Mr. President, I rise small amounts of debt from small in- loan. today with my colleague from Maine, stitutions. The bank across the street Over time the tax code has evolved Senator COLLINS, to introduce the from a local college or health care clin- from a way to collect Federal revenue Automatic Defibrillators in Adam’s ic, however, may have greater con- into a way to encourage and reward be- Memory Act, or the ADAM Act, which fidence and insight into the commu- havior the government deems impor- would help schools across America im- nity value of the institution. This bill tant. I believe that the American peo- plement public access defibrillation would allow those banks to carry tax- ple are intelligent enough that they do programs. exempt debt at attractive rates and not need the Federal Government dan- I am especially proud that the con- maintain commitments to the people gling a carrot in front of them when cept of this legislation came from my and institutions in their local commu- they make life decisions. Furthermore, home state of Wisconsin, where a simi- nities. I believe that people should not be pun- lar program has saved the lives of a I urge my colleagues to support this ished for deciding to make these deci- number of students. bill. sions in ways that are contrary to what Heart disease is not only a problem the government decides is right. among adults. I recently learned the By Mr. SHELBY: Simplification is yet another reason story of Adam Lemel, a 17-year-old S. 1040. A bill to promote freedom, our country needs the flat tax. The Na- high school student and a star basket- fairness, and economic opportunity for tional Taxpayer Advocate cited com- ball and tennis player in southeastern families by reducing the power and plications in the tax code as the num- Wisconsin. Tragically, during a time- reach of the Federal establishment; to ber one issue taxpayers faced in 2001. out while playing basketball at a the Committee on Finance. As the IRS publishes more and more neighboring Milwaukee high school, Mr. SHELBY. Mr. President, Con- regulations, and new tax laws are en- Adam suffered sudden cardiac arrest, gress recently passed a tax bill that acted, the complexity of the tax code and died before the paramedics arrived. provides much-needed relief for all will only grow. The following November, a Mil- Americans. While I am pleased that the The complexity of the tax code forces waukee Technical High School football tax bill included marriage penalty re- many Americans to seek the advice of player died of Sudden Cardiac Arrest lief, a reduction in marginal rates and tax professionals at the cost of many while playing basketball with his a phase out of the estate tax, these millions of dollars. No tax code should friends. And in April 2000, two more changes unfortunately increase the tax be so puzzling that the average person Milwaukee-area deaths were attributed code’s complexity. Furthermore, de- has to spend his hard-earned money to to sudden cardiac arrest: a Marquette spite the positive changes made this hire a tax preparer or an accountant. University senior and a visiting 12-year year, the current code still retains the Those who decide to brave the tax code old from Illinois who was playing bas- alternative minimum tax, the taxation and file their own returns do not fare ketball. of Social Security benefits, and mar- better. These people face conflicting These stories are incredibly tragic. ginal rates that increase with income. IRS advice and many hours of com- These young people had their whole I rise today to introduce legislation pleting confusing tax forms. All of lives before them, and could have been that takes tax reform to the next level these needless hassles results in tax- saved. In fact, we have seen a number and addresses the fundamental prob- payer frustration and apathy and less of examples in Wisconsin where early lems of the current code. My bill ac- time spent on more productive endeav- CPR and access to defibrillation have complishes this by repealing the cur- ors. saved lives. rent Internal Revenue Code and replac- Under the flat tax, a taxpayers would Seventy miles away from Milwaukee, ing it with a flat tax, where all tax- be able to be quickly and accurately a 14-year-old boy, collapsed while play- payers pay the same rate. file their returns. There would be no ing basketball. Within three minutes, As with current law, not all wage itemized deductions or credits to cal- the emergency team arrived and began earners will pay a Federal income tax culate, no capital gains tabulations CPR. Within five minutes of his col- under a flat tax. In order to assist and no alternative minimum tax. With lapse, the paramedics used an auto- lower income Americans, I have in- this new simplicity, taxpayers would mated external defibrillator to jump cluded large standard deductions. For be able to complete their personal in- start his heart. Not only has this example, a family of four would need to come tax return in virtually no time at young man survived, they have identi- make more than $35,200 before paying a all compared to the 13 hours the IRS fied his father and brother to have the single penny in taxes. estimates it takes to complete a 1040 same heart condition. To prevent car- Some argue that it’s fair to tax form. diac deaths, internal defibrillators wealthier people at higher rates. I be- I understand that my bill is a major were implanted in both men. lieve that nothing can be further from change from the current tax code. I also recently met Heather Rahn the truth. Not only is this type of tax Many people have become complacent who on March 19, was at a church con- policy fundamentally unfair, it also with the status quo. Still others enjoy cert in the gymnasium of Good Hope prevents our economy from realizing using the tax to implement social pol- Christian Academy. She told her its full potential. icy. I on the other hand believe though friends that her heart was racing, and

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6322 CONGRESSIONAL RECORD — SENATE June 14, 2001 she felt nervous. In the middle of run- repaired through the right training. A right to call all military forces orga- ning across the gym, she collapsed on number of localities have pushed for nized by the newly-formed Common- the ground from cardiac arrest. She increased CPR training and public ac- wealth government into the service of was down for about three and a half cess to defibrillation in schools. the United States Armed Forces. minutes when an ambulance arrived, The ADAM Act will help strengthen On July 26, 1941, President Roosevelt bringing a defibrillator that would save the Chain by establishing a national issued an Executive Order calling her life. It took two shocks to bring Project ADAM resource center. The members of the Philippine Common- her back. center would provide schools with in- wealth Army into the service of the These tragic stories help to under- formation to help them implement United States Armed Forces of the Far score three issues. First, although car- public access defibrillation programs. East. Under this order, Filipinos were diac arrest is most common among The ADAM Center would also provide entitled to full veterans’ benefits. More adults, it can occur at any age, even in support to CPR and AED training pro- than 100,000 Filipinos volunteered for apparently healthy children and ado- grams, and help foster new community the Philippine Commonwealth Army lescents. Second, early intervention is partnerships among public and private and fought alongside the United States essential, a combination of CPR and organizations to promote public access Armed Forces. use of AEDs can save lives. Third, some to defibrillation in schools. The United States Armed Forces of individuals who are at risk for sudden Finally, the ADAM Act would create the Far East fought to reclaim control cardiac arrest, can be identified to pre- a way to track cardiac arrest among of the entire Western Pacific. Fili- vent cardiac arrest. children and to conduct further re- pinos, under the command of General After Adam Lemel tragically suffered search into this serious health threat. Douglas MacArthur, fought in the his cardiac arrest two years ago, his This clearinghouse responds to the front lines of the Battle of Corregidor friend David Ellis joined forces with growing number of schools that have and at Bataan. They served in Oki- Children’s Hospital of Wisconsin to ini- the desire to set up a public access nawa, on occupied mainland Japan, and tiate Project ADAM to: bring CPR defibrillation program, but often don’t in Guam. They were part of what be- training and public access know where to start. came known as the Bataan Death defibrillation into schools, educate If the ADAM Act becomes law, March, and were held and tortured as communities about preventing sudden schools across the country will have a prisoners of war. Through these hard- cardiac deaths, and save lives. place to turn as they work to establish ships, the men of the Philippine Com- Today, Project ADAM has introduced public access to defibrillation pro- monwealth Army remained loyal to the AEDs into several Wisconsin schools, grams in more schools across America. United States during the Japanese oc- and has been a model for programs in The Project ADAM resource center will cupation of the Philippines, and the Washington, Florida, Michigan and help schools give victims of cardiac ar- valiant guerilla war they waged elsewhere. rest a fighting chance. against the Japanese helped to delay I had the chance to visit with Dave the Japanese advance across the Pa- Ellis, Adam’s parents, and the dedi- By Mr. INOUYE: cific. cated people at Children’s Hospital of S. 1042. A bill to amend title 38, Despite all of their sacrifices, on Feb- Wisconsin, especially Karen Bauer and United States Code, to improve bene- ruary 18, 1946, Congress betrayed these Dr. Stu Berger. And let me tell you, fits for Filipino veterans of World War veterans by enacting the Rescission there are no better advocates for sav- II, and for other purposes; to the Com- Act of 1946 and declaring the service ing the lives of cardiac arrest victims. mittee on Veterans’ Affairs. performed by the Philippine Common- I want to commend them for their serv- Mr. INOUYE. Mr. President, I rise to wealth Army veterans as not ‘‘active ice, and efforts to save the lives of sud- introduce the Filipino Veterans’ Bene- service,’’ thus denying many benefits den cardiac arrest victims. fits Improvement Act of 2001. This bill to which these veterans were entitled. I strongly believe that the Federal provides our country the opportunity Then, shortly after Japan’s sur- Government should support local ef- to right a wrong committed decades render, Congress enacted the Armed forts to equip more people in our com- ago, by providing Philippine-born vet- Forces Voluntary Recruitment Act of munities, including younger genera- erans of World War II who served in the 1945 for the purpose of sending Amer- tions, with the necessary skills to deal United States Armed Forces their ican troops to occupy enemy lands, and with life-threatening emergencies like hard-earned, due compensation. to oversee military installations at cardiac arrest. And there is no better Our Nation is now at peace, and our various overseas locations. A provision way to support local efforts than by prosperity has reached levels never be- included in the Recruitment Act called following the lead of a successful local fore seen by any Nation in history. We for the enlistment of Philippine citi- effort such as Project ADAM. are on the top of the world in terms of zens to constitute a new body of Phil- Over two hundred twenty thousand economic power and military might, ippine Scouts. The New Scouts were Americans die each year of sudden car- and much of this unprecedented suc- authorized to receive pay and allow- diac arrest, including between 5000 and cess is due to the tremendous sacrifices ances for services performed through- 7000 children. About 50,000 of these vic- made by our fighting forces during out the Western Pacific. Although hos- tims lives could be saved each year if World War II. We trampled tyranny in tilities had ceased, wartime service of more people implemented the ‘‘Chain Europe and in the Pacific, and when we the New Philippine Scouts continued of Survival,’’ which includes an imme- raised our flag proudly over hostile as a matter of law until the end of 1946. diate call to 911, early CPR and lands, we were greeted enthusiastically On May 27, 1946, the Congress enacted defibrillation, and early advanced life by the millions we liberated from the the Second Supplemental Surplus Ap- support. grasp of terrible aggression. propriation Rescission Act, which in- According to the Centers for Disease I take this opportunity today to re- cluded a provision to limit veterans’ Control, the number of sudden cardiac mind everyone of an injustice that per- benefits to Filipinos. This provision du- deaths of people between the ages of 15 sists as a blemish on one of history’s plicated the language that had elimi- and 34 years old has increased over 10 greatest success stories. nated veterans’ benefits under the percent in the past 10 years. The re- The Philippines became a United First Rescission Act, and placed simi- search also shows that sudden cardiac States possession in 1898, when it was lar restrictions on veterans of the New death has increased by 30 percent in ceded from Spain following the Span- Philippine Scouts. Thus, the Filipino young women. ish-American War. In 1934, the Con- veterans that fought in the service of Without any training, kids would gress enacted the Philippine Independ- the United States during World War II never know what to do in the face of ence Act, Public Law 73–127, which pro- have been precluded from receiving such an emergency. vided a 10-year time frame for the inde- most veterans’ benefits that had been As a matter of fact, many adults pendence of the Philippines. Between available to them before 1946, and that wouldn’t know what to do either. That 1934 and final independence in 1946, the are available to all other veterans of lack of knowledge is a break in the United States retained certain powers our armed forces regardless of race, na- chain of survival, but that break can be over the Philippines, including the tional origin, or citizenship status.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6323 The Congress tried to rectify the By Mr. SARBANES (for himself, the eastern United States, and provides wrong committed against the Filipino Ms. MIKULSKI, Mr. WARNER, and jobs for thousands of people. In short, veterans of World War II by amending Mr. ALLEN): the Chesapeake Bay is a magnificent, the Nationality Act of 1940 to grant the S. 1045. A bill to amend the National multifaceted resource worthy of the veterans the privilege of becoming Oceanic and Atmospheric Administra- highest levels of protection and res- United States citizens for having tion Authorization Act of 1992 to revise toration. served in the United States Armed and enhance authorities, and to au- Over the years, human activities Forces of the Far East. thorize appropriations, for the Chesa- have profoundly impacted the Bay. Un- The law expired at the end of 1946, peake Bay Office, and for other pur- treated sewage, deforestation, toxic but not before the United States had poses; to the Committee on Commerce, chemicals, runoff and increased devel- withdrawn its sole naturalization ex- Science, and Transportation. opment have degraded the Bay’s water aminer from the Philippines for a nine- Mr. SARBANES. Mr. President, quality and contributed to the decline month period. This effectively denied today I am introducing two measures of such key species as oysters and blue Filipino veterans the opportunity to to expand restoration and protection crabs and the underwater grasses they become citizens during this nine-month efforts in the Chesapeake Bay water- favor for habitat. We have lost not only window. Forty-five years later, under shed. Joining me in sponsoring these thousands of jobs in the fishing indus- the Immigration Act of 1990, certain measures are my colleagues Senators try but much of the wilderness that de- Filipino veterans who served during WARNER, ALLEN, and MIKULSKI. fined the watershed. By the year 2020, World War II became eligible for Nearly two decades ago, the Bay area an additional three million people are United States citizenship. Between No- States and the Federal Government expected to settle in the watershed and vember, 1990, and February, 1995, ap- signed an historic agreement to work this growth could eclipse the nutrient proximately 24,000 veterans took ad- together to restore the Chesapeake reduction and habitat protection gains vantage of this opportunity and be- Bay, our Nation’s largest estuary and of the past. Not meeting the invest- came United States citizens. one of the most productive ecosystems ment needs of the next 10 years risks For many years, Filipino veterans of in the world. In 1987, the Governors of reversing all that has been achieved World War II, who are now in their twi- Maryland, Virginia, Pennsylvania, the over the past two decades in cleaning light years, have sought to correct the Chesapeake Bay Commission, the up the Bay. injustice caused by the Rescission Acts Mayor of the District of Columbia and The first measure we are introducing by seeking equal treatment of their the Administrator of the EPA, on be- would establish a grant program in the valiant military service in our Armed half of the Federal Government, re- Environmental Protection Agency to Forces. They stood up to the same ag- affirmed their commitment to that support the installation of nutrient re- gression that American-born soldiers compact and agreed to 29 specific goals duction technologies at major waste- did, and many Filipinos sacrificed their and action plans including the unprece- water treatment facilities in the lives in the war for democracy and lib- dented goal of a 40 percent reduction of Chesapeake Bay watershed. Despite im- erty. nitrogen and phosphorous loads to the portant water quality improvements Heroes should never be forgotten or main stem of the Bay by the year 2000. over the past decade, nutrient over-en- ignored, so let us not turn our backs on Last year, the State and the Federal richment remains the most serious pol- those who sacrificed so much. Many of Government conducted an extensive lution problem facing the Bay. The the Filipinos who have fought so hard evaluation of cleanup progress since overabundance of the nutrients nitro- for us have been honored with Amer- the 1980s and determined that, despite gen and phosphorous continues to rob ican citizenship, but let us now work to important advances, efforts must be re- the Bay of life sustaining oxygen. Re- repay all of these brave men for their doubled to restore the integrity of the cent modeling of EPA’s Bay Program sacrifices by providing them the full Chesapeake Bay ecosystem. A new has found that total nutrient dis- veterans’ benefits they have earned. Chesapeake 2000 agreement was signed charges must be reduced by more than to serve as a blueprint for the restora- 35 percent from current levels to re- By Mr. REID: tion effort over the next decade. store the Chesapeake Bay and its S. 1043. A bill to extend the deadline To meet the goals established in the major tributaries to health. To do so, for commencement of construction of a new agreement, it is estimated that nitrogen discharges from all sources hydroelectric project in the State of the local, State and Federal Govern- must be reduced drastically below cur- Nevada; to the Committee on Energy ments must invest $8.5 billion over the rent levels. Annual nitrogen discharges and Natural Resources. course of the next ten years. Thou- into the Bay will need to be cut by at Mr. REID. Mr. President, today I am sands of acres of watershed property least 110 million pounds from the cur- introducing a simple bill that would must be preserved, buffer zones to pro- rent 300 million pounds to less than 190 extend the deadline under the Federal tect rivers and streams need to be cre- million pounds. Municipal wastewater Power Act for the commencement of ated, and pollution from all sources treatment plants, in particular, will construction of the Blue Diamond hy- will have to be further reduced. While have to reduce nitrogen discharges by droelectric project in southern Nevada. $8.5 billion seems like an enormous nearly 75 percent. The bill will allow the Federal Govern- sum, we should remember that the There are 288 major wastewater ment to extend the project permit for health of Chesapeake is vital not only treatment plants in the Chesapeake as many as three consecutive two-year to the more than 15 million people who Bay watershed: Pennsylvania, 124, periods. At this time, serious concerns live in the watershed, but to the na- Maryland, 62, Virginia, 70, New York, remain about the environmental im- tion. The Chesapeake Bay watershed is 18, Delaware, 3, Washington, D.C., 2, pacts of the project and where power one of our Nation’s and the world’s and West Virginia, 9. These plants con- generated at the facility would be sold. greatest natural resources covering tribute about 60 million pounds of ni- These important questions merit addi- 64,000 square miles within six States. It trogen per year, one fifth, of the total tional dialogue and introduction of this is a world-class fishery that still pro- loads of nitrogen to the Bay. Upgrading bill provides for further examination of duces a significant portion of the fin these plants with nutrient removal this project. fish and shellfish catch in the United technologies to achieve nitrogen reduc- States. It provides vital habitat for liv- tions of 3 mg/liter would remove 46 mil- By Mr. SARBANES (for himself, ing resources, including more than 3600 lion pounds of nitrogen in the Bay each Mr. WARNER, Mr. ALLEN, and species of plants, fish and animals. It is year or 40 percent of the total nitrogen Ms. MIKULSKI): a major resting area for migratory wa- reductions needed. Nutrient removal S. 1044. A bill to amend the Federal terfowls and birds along the Atlantic technologies have other benefits as Water Pollution Control Act to provide including many endangered and threat- well, they provide significant savings assistance for nutrient removal tech- ened species. It is also a one-of-a-kind in energy usage, 20 to 30 percent, in nologies to States in the Chesapeake recreational asset enjoyed by millions chemical usage, more than 50 percent, Bay watershed; to the Committee on of people, a major commercial water- and in the amount of sludge produced, Environment and Public Works. way and shipping center for much of five to 15 percent. They are one of the

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6324 CONGRESSIONAL RECORD — SENATE June 14, 2001 most cost-effective methods of reduc- source goals which will require strong source managers and scientists alike ing nutrients discharged to the Bay. NOAA involvement to achieve. agree that we must make better use of My legislation would provide grants The legislation which we are intro- the various modeling and monitoring for 55 percent of the capital cost of up- ducing would provide NOAA with addi- systems and new technologies to im- grading all 288 plants with nutrient re- tional resources and authority nec- prove prediction capabilities and removal technologies capable of achiev- essary to ensure its continued full par- sponse to physical and chemical events ing nitrogen reductions of 3 mg/liter. ticipation in the Bay’s restoration and within the Bay and tributary rivers. The total cost of these upgrades is esti- in meeting with goals and objectives of There are substantial amounts of data mated at $1.2 billion, with a federal Chesapeake 2000. First, the legislation collected and compiled by Federal, share of $660 million. Any publically authorizes and directs NOAA to under- state and local government agencies owned wastewater treatment plant take a special five-year study, in co- and academic institutions including in- which has a permitted design capacity operation with the scientific commu- formation on weather, tides, currents, to threat an annual average of 0.5 mil- nity of the Chesapeake Bay and appro- circulation, climate, land use, coastal lion gallons per day within the Chesa- priate other federal agencies, to de- environmental quality, aquatic living peake Bay watershed portion of New velop the knowledge base required for resources and habitat conditions. Un- York, Pennsylvania, Maryland, West understanding multi-species inter- fortunately, little of this data is co- Virginia, Delaware, Virginia and the actions and developing multi-species ordinated and organized in a manner District of Columbia would be eligible management plans. To date, fisheries that is useful to the wide range of po- to receive these grants. As a signatory management in Chesapeake Bay and tential users. The Coastal Predictions to the Chesapeake Bay Agreement, the other waters, has been largely based Center would serve as a knowledge EPA has an important responsibility to upon single-species plans that often ig- bank for assembling monitoring and assist the states with financing these nore the critical relationships between modeling data from relevant govern- water infrastructure needs. water and habitat quality, ecosystem ment agencies and academic institu- The second measure would reauthor- health and the food webs that support tions, interpreting that data, and orga- ize the National Oceanic and Atmos- the Bay’s living resources. There is a nizing it into products that are useful pheric, NOAA, Chesapeake Bay Office. I growing consensus between scientific to resource managers, scientists and first introduced a similar measure in leaders and managers alike that we the public. June, 2000, but unfortunately it was must move beyond the one-species-at- Finally, the legislation would direct not acted upon prior to the adjourn- a-time approach toward a wider, multi- NOAA to implement an education pro- ment of the 106th Congress. species and ecosystem perspective. gram targeted toward the 3 million pu- The NOAA Chesapeake Bay office, Chesapeake 2000 calls for developing pils in kindergarten through 12th grade NCBO, was first established in 1992 pur- multi-species management plans for in the Chesapeake Bay watershed. One suant to Public Law 102–567. It serves targeted species by the year 2005 and of the key goals of the Chesapeake 2000 as the focal point for all of NOAA’s ac- implementing the plans by 2007. In Agreement is to expand education and tivities within the Chesapeake Bay wa- order to achieve these goals, NOAA public awareness of the Bay and local tershed and is a vital part of the effort must take a leadership role and sup- watersheds. Among other activities, to achieve the long-term goal of the port a sustained research and moni- the Agreement calls for providing Bay Program, restoring the Bay’s liv- toring program. meaningful Bay or stream outdoor ex- ing resources to healthy and balanced Second, the legislation authorizes periences for every school student in levels. During the past nine years, the NOAA to carry out a small-scale fish- the watershed before graduation from NCBO has made great strides in real- ery and habitat restoration grant and high school, incorporating the Chesa- izing the objectives of the NOAA Au- technical assistance program to help peake Bay watershed into school cur- thorization Act of 1992 and the overall citizens organizations and local gov- ricula, and providing students and Bay Program living resource goals. ernments in the Chesapeake Bay wa- teachers alike with information to in- Working with other Bay Program part- tershed undertake habitat, fish and crease awareness of Bay living resource ners, important progress has been shellfish restoration projects. Experi- and other issues. Our legislation would made in surveying and assessing fish- ence has shown that, with the proper enable NOAA to enter into partner- ery resources in the Bay, developing tools and training, citizens’ groups and ships with non-profit environmental fishery management plans for selected local communities can play a tremen- organizations in the region experienced species, undertaking habitat restora- dous role in fisheries and habitat pro- in conducting environmental education tion projects, removing barriers to fish tection and restoration efforts. The programs, the Chesapeake Bay Founda- passage, and undertaking important re- Chesapeake Bay Foundation’s oyster tion and the Living Classrooms Foun- mote sensing and data analysis activi- gardening program, for example, has dation, for example, and to expand op- ties. proven to be highly successful in train- portunities for students and teachers NOAA’s responsibilities to the Bay ing citizens to grow oysters at their to participate in Bay and other field restoration effort are far from com- docks to help restore oysters’ popu- and classroom learning experiences plete, however. Some populations of lations in the Bay. The new Bay Agree- which support Chesapeake Bay restora- major species of fish and shellfish in ment has identified a critical need to tion and protection efforts. Chesapeake Bay such as shad and oys- not only to expand and promote com- The legislation increases the author- ters, remain severely depressed, while munity-based programs but to restore ization for the NOAA Bay Program others, such as blue crab are at risk. historic levels of oyster production, re- from the current level of $2.5 million to Bay-wide, some 16 of 25 ecologically store living resource habitat and sub- $8.5 million per year to enhance cur- important species are in decline or se- merged aquatic vegetation. The NOAA rent activities and to carry out these vere decline, due to disease, habitat small-grants program, which this bill new initiatives. For more than a dec- loss, over-fishing and other factors. would authorize, would complement ade, funding for NOAA’s Bay Program The underwater grasses that once sus- EPA’s Chesapeake Bay small water- has remained static at an annual aver- tained these fisheries are only at a shed program, and make ‘‘seed’’ grants age of $1.9 million. If we are to achieve fraction of their historic levels. Re- available on a competitive, cost-shar- the ultimate, long-term goal of the Bay search and monitoring must be contin- ing basis to local governments and Program, protecting, restoring and ued and enhanced to track living re- nonprofit organizations to implement maintaining the health of the living resource trends, evaluate the responses hands-on projects such as improvement sources of the Bay, additional financial of the estuary’s biota to changes in of fish passageways, creating artificial resources must be provided. their environment and establish clear or natural reefs, restoring wetlands These two measures would provide an management goals and progress indica- and seagrass beds, and producing oys- important boost to our efforts to save tors for restoring the productivity, di- ters for restoration projects. the Chesapeake Bay. They are strongly versity and abundance of these species. Third, the legislation would establish supported by the Chesapeake Bay Com- Chesapeake 2000, the new Bay Agree- an internet-based Coastal Predictions mission, the Chesapeake Bay Founda- ment, has identified several living re- Center for the Chesapeake Bay. Re- tion, and other organizations in the

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6325 watershed. I ask unanimous consent ‘‘(b) GRANT PROGRAM.— ‘‘(2) The Secretary of Commerce shall ap- that the full text of the measures and ‘‘(1) ESTABLISHMENT.—Not later than 1 year point as Director of the Office an individual supporting letters be printed in the after the date of enactment of this title, the who has knowledge of and experience in re- Administrator shall establish a program search or resource management efforts in RECORD. I urge my colleagues to join with us in supporting the two measures within the Environmental Protection Agen- the Chesapeake Bay.’’. cy to provide grants to States and munici- (b) FUNCTIONS.— and continue the momentum contrib- palities to upgrade eligible facilities with (1) Section 307(b)(3) of the National Oce- uting to the improvement and enhance- nutrient removal technologies. anic and Atmospheric Administration Au- ment of our Nation’s most valuable and ‘‘(2) PRIORITY.—In providing a grant under thorization Act of 1992 (15 U.S.C. 1511d(b)(3)) treasured natural resource. paragraph (1), the Administrator shall— is amended to read as follows: There being no objection, the addi- ‘‘(A) consult with the Chesapeake Bay Pro- ‘‘(3) facilitate coordination of the pro- tional material was ordered to be gram Office; grams and activities of the various organiza- printed in the RECORD, as follows: ‘‘(B) give priority to eligible facilities at tions and facilities within the National Oce- S. 1044 which nutrient removal upgrades would— anic and Atmospheric Administration, the ‘‘(i) produce the greatest nutrient load re- Be it enacted by the Senate and House of Rep- Chesapeake Bay units of the National Estua- resentatives of the United States of America in ductions at points of discharge; or rine Research Reserve System, the Chesa- Congress assembled, ‘‘(ii) result in the greatest environmental peake Bay Regional Sea Grant Programs, benefits to local bodies of water surrounding, and the Cooperative Oxford Lab, including— SECTION 1. SHORT TITLE. and the main stem of, the Chesapeake Bay; This Act may be cited as the ‘‘Chesapeake ‘‘(A) programs and activities in— Bay Watershed Nutrient Removal Assistance and ‘‘(i) coastal and estuarine research, moni- Act’’. ‘‘(iii) take into consideration the geo- toring, and assessment; graphic distribution of the grants. ‘‘(ii) fisheries research and stock assess- SEC. 2. FINDINGS AND PURPOSES. ‘‘(3) APPLICATION.— ments; (a) FINDINGS.—Congress finds that— N GENERAL.—On receipt of an applica- (1) nutrient pollution from point sources ‘‘(A) I ‘‘(iii) data management; and nonpoint sources continues to be the tion from a State or municipality for a grant ‘‘(iv) remote sensing; most significant water quality problem in under this section, if the Administrator ap- ‘‘(v) coastal management; the Chesapeake Bay watershed; proves the request, the Administrator shall ‘‘(vi) habitat conservation and restoration; (2) a key commitment of the Chesapeake transfer to the State or municipality the and 2000 agreement, an interstate agreement amount of assistance requested. ‘‘(vii) atmospheric deposition; and among the Administrator, the Chesapeake ‘‘(B) FORM.—An application submitted by a ‘‘(B) programs and activities of the Cooper- Bay Commission, the District of Columbia, State or municipality under subparagraph ative Oxford Laboratory of the National and the States of Maryland, Virginia, and (A) shall be in such form and shall include Ocean Service with respect to— Pennsylvania, is to achieve the goal of cor- such information as the Administrator may ‘‘(i) nonindigenous species; recting the nutrient-related problems in the prescribe. ‘‘(ii) marine species pathology; Chesapeake Bay by 2010; ‘‘(4) USE OF FUNDS.—A State or munici- ‘‘(iii) human pathogens in marine environ- (3) by correcting those problems, the pality that receives a grant under this sec- ments; and Chesapeake Bay and its tidal tributaries tion shall use the grant to upgrade eligible ‘‘(iv) ecosystems health;’’. may be removed from the list of impaired facilities with nutrient removal technologies (2) Section 307(b)(7) of the National Oce- bodies of water designated by the Adminis- that are designed to reduce total nitrogen in anic and Atmospheric Administration Au- trator of the Environmental Protection discharged wastewater to an average annual thorization Act of 1992 (15 U.S.C. 1511d(b)(7)) Agency under section 303(d) of the Federal concentration of 3 milligrams per liter. is amended by striking the period at the end Water Pollution Control Act (33 U.S.C. ‘‘(5) COST SHARING.— and inserting the following: ‘‘, which report 1313(d)); ‘‘(A) FEDERAL SHARE.—The Federal share shall include an action plan consisting of— (4) nearly 300 major sewage treatment of the cost of upgrading any eligible facility ‘‘(A) a list of recommended research, moni- plants located in the Chesapeake Bay water- as described in paragraph (1) using funds pro- toring, and data collection activities nec- shed annually discharge approximately vided under this section shall not exceed 55 essary to continue implementation of the 60,000,000 pounds of nitrogen, or the equiva- percent. strategy described in paragraph (2); and lent of 20 percent of the total nitrogen load, ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- ‘‘(B) proposals for— into the Chesapeake Bay; and eral share of the costs of upgrading any eligi- ‘‘(i) continuing and new National Oceanic (5) nutrient removal technology is 1 of the ble facility as described in paragraph (1) and Atmospheric Administration activities most reliable, cost-effective, and direct using funds provided under this section may in the Chesapeake Bay; and methods for reducing the flow of nitrogen be provided in the form of funds made avail- ‘‘(ii) the integration of those activities from point sources into the Chesapeake Bay. able to a State or municipality under— with the activities of the partners in the (b) PURPOSES.—The purposes of this Act ‘‘(i) any provision of this Act other than Chesapeake Bay Program to meet the com- are— this section (including funds made available mitments of the Chesapeake 2000 agreement (1) to authorize the Administrator of the from a State revolving fund established and subsequent agreements.’’. Environmental Protection Agency to provide under title VI); or (c) CONFORMING AMENDMENT.—Section 307 financial assistance to States and munici- ‘‘(ii) any other Federal or State law. of the National Oceanic and Atmospheric Ad- palities for use in upgrading publicly-owned ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ministration Authorization Act of 1992 (15 wastewater treatment plants in the Chesa- ‘‘(1) IN GENERAL.—There is authorized to be U.S.C. 1511d) is amended by striking the sec- peake Bay watershed with nutrient removal appropriated to carry out this section tion heading and inserting the following: technologies; and $132,000,000 for each of fiscal years 2003 ‘‘SEC. 307. CHESAPEAKE BAY OFFICE.’’. through 2007, to remain available until ex- (2) to further the goal of restoring the SEC. 3. MULTIPLE SPECIES MANAGEMENT STRAT- water quality of the Chesapeake Bay to con- pended. EGY; CHESAPEAKE BAY FISHERY ditions that are protective of human health ‘‘(2) ADMINISTRATIVE COSTS.—The Adminis- AND HABITAT RESTORATION SMALL and aquatic living resources. trator may use not to exceed 4 percent of GRANTS PROGRAM; COASTAL PRE- SEC. 3. SEWAGE CONTROL TECHNOLOGY GRANT any amount made available under paragraph DICTION CENTER. PROGRAM. (1) to pay administrative costs incurred in The National Oceanic and Atmospheric Ad- The Federal Water Pollution Control Act carrying out this section.’’. ministration Authorization Act of 1992 is (33 U.S.C. 1251 et seq.) is amended by adding amended by inserting after section 307 (15 at the end the following: S. 1045 U.S.C. 1511d) the following: ‘‘TITLE VII—MISCELLANEOUS Be it enacted by the Senate and House of Rep- ‘‘SEC. 307A. MULTIPLE SPECIES MANAGEMENT resentatives of the United States of America in ‘‘SEC. 701. SEWAGE CONTROL TECHNOLOGY STRATEGY. GRANT PROGRAM. Congress assembled, ‘‘(a) IN GENERAL.—Not later than 180 days ‘‘(a) DEFINITION OF ELIGIBLE FACILITY.—In SECTION 1. SHORT TITLE. after the date of enactment of this section, this section, the term ‘eligible facility’ This Act may be cited as the ‘‘NOAA the Director of the Chesapeake Bay Office of means a municipal wastewater treatment Chesapeake Bay Office Reauthorization Act the National Oceanic and Atmospheric Ad- plant that— of 2001’’. ministration shall commence a 5-year study, ‘‘(1) as of the date of enactment of this SEC. 2. CHESAPEAKE BAY OFFICE. in cooperation with the scientific commu- title, has a permitted design capacity to (a) ESTABLISHMENT.—Section 307(a) of the nity of the Chesapeake Bay and appropriate treat an annual average of at least 500,000 National Oceanic and Atmospheric Adminis- Federal agencies— gallons of wastewater per day; and tration Authorization Act of 1992 (15 U.S.C. ‘‘(1) to determine and expand the under- ‘‘(2) is located within the Chesapeake Bay 1511d(a)) is amended— standing of the role and response of living re- watershed in any of the States of Delaware, (1) in paragraph (1), by striking ‘‘Estuarine sources in the Chesapeake Bay ecosystem; Maryland, New York, Pennsylvania, Vir- Resources’’; and and ginia, or West Virginia or in the District of (2) by amending paragraph (2) to read as ‘‘(2) to develop a multiple species manage- Columbia. follows: ment strategy for the Chesapeake Bay.

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‘‘(b) REQUIRED ELEMENTS OF STUDY.—In ‘‘(A) assembling, integrating, and modeling ‘‘(B) provide meaningful outdoor experi- order to improve the understanding nec- coastal information and data from appro- ence on the Chesapeake Bay, or on a stream essary for the development of the strategy priate government agencies and scientific in- or in a local watershed of the Chesapeake under subsection (a), the study shall— stitutions; Bay, in the design and implementation of ‘‘(1) determine the current status and ‘‘(B) interpreting the data; and field studies, monitoring and assessments, or trends of fish and shellfish that live in the ‘‘(C) organizing the data into predictive restoration techniques for living resources; Chesapeake Bay estuary and are selected for products that are useful to policy makers, ‘‘(C) provide professional development for study; resource managers, scientists, and the pub- teachers related to the science of the Chesa- ‘‘(2) evaluate and assess interactions lic. peake Bay watershed and the dissemination among the fish and shellfish described in ‘‘(b) ACTIVITIES.— of pertinent education materials oriented to paragraph (1) and other living resources, ‘‘(1) INFORMATION AND PREDICTION SYS- varying grade levels; with particular attention to the impact of TEM.—The center shall develop an Internet- ‘‘(D) demonstrate or disseminate environ- changes within and among trophic levels; based information system for integrating, in- mental educational tools and materials re- and terpreting, and disseminating coastal infor- lated to the Chesapeake Bay watershed; ‘‘(3) recommend management actions to mation and predictions concerning— ‘‘(E) demonstrate field methods, practices optimize the return of a healthy and bal- ‘‘(A) climate; and techniques including assessment of envi- anced ecosystem for the Chesapeake Bay. ‘‘(B) land use; ronmental and ecological conditions and ‘‘SEC. 307B. CHESAPEAKE BAY FISHERY AND ‘‘(C) coastal pollution; analysis of environmental problems; and HABITAT RESTORATION SMALL ‘‘(D) coastal environmental quality; ‘‘(F) develop or disseminate projects de- GRANTS PROGRAM. ‘‘(E) ecosystem health and performance; signed to— ‘‘(a) IN GENERAL.—The Director of the ‘‘(F) aquatic living resources and habitat ‘‘(i) enhance understanding and assessment Chesapeake Bay Office of the National Oce- conditions; and of a specific environmental problem in the anic and Atmospheric Administration (re- ‘‘(G) weather, tides, currents, and circula- Chesapeake Bay watershed or of a goal of the ferred to in this section as the ‘Director’), in tion that affect the distribution of sedi- Chesapeake Bay Program; or cooperation with the Chesapeake Executive ments, nutrients, and organisms, coastline ‘‘(ii) protect or restore living resources of Council (as defined in section 307(e)), shall erosion, and related physical and chemical the Chesapeake Bay watershed. carry out a community-based fishery and events within the Chesapeake Bay and the ‘‘(4) FEDERAL SHARE.—The Federal share of habitat restoration small grants and tech- tributaries of the Chesapeake Bay. the cost of a program under paragraph (1) nical assistance program in the Chesapeake ‘‘(2) AGREEMENTS TO PROVIDE DATA, INFOR- shall not exceed 75 percent of the total cost Bay watershed. MATION, AND SUPPORT.—The Director may of that program. ‘‘(b) PROJECTS.— enter into agreements with other entities of ‘‘(5) PROGRAM REVIEW.—Not later than 1 ‘‘(1) SUPPORT.—The Director shall make the National Oceanic and Atmospheric Ad- year after the date on which the Director grants under the program under subsection ministration, other appropriate Federal, awards the first grant under this subsection, (a) to pay the Federal share of the cost of State, and local government agencies, and and annually thereafter, the Director shall projects that are carried out by eligible enti- academic institutions, to provide and inter- conduct a detailed review and evaluation of ties described in subsection (c) for the res- pret data and information, and provide ap- the programs supported by grants awarded toration of fisheries and habitats in the propriate support, relating to the activities under this subsection to determine whether Chesapeake Bay. of the center. the quality of the content, delivery, and out- ‘‘(2) FEDERAL SHARE.—The Federal share of ‘‘(3) AGREEMENTS RELATING TO INFORMATION come of the program warrants continued the cost of a project under paragraph (1) PRODUCTS.—The Director may enter into support. shall not exceed 75 percent of the total cost grants, contracts, and interagency agree- ‘‘(c) PROCEDURES.—The Director shall es- of that project. ments with eligible entities for the collec- tablish procedures, including safety proto- ‘‘(3) TYPES OF PROJECTS.—Projects for tion, processing, analysis, interpretation, cols, as necessary for carrying out the pur- which grants may be made under the pro- and electronic publication of information poses of this section. gram include— products for the center.’’. ‘‘(d) TERMINATION AND REPORT.— ‘‘(A) the improvement of fish passageways; ‘‘(1) TERMINATION.—The program estab- ‘‘(B) the creation of natural or artificial SEC. 4. ENVIRONMENTAL EDUCATION. lished under this section shall be effective reefs or substrata for habitats; The National Oceanic and Atmospheric Ad- during the 4-year period beginning on Octo- ‘‘(C) the restoration of wetland or sea ministration Authorization Act of 1992 is ber 1, 2001. grass; amended by inserting after section 307C (as ‘‘(2) REPORT.—Not later than December 31, ‘‘(D) the production of oysters for restora- added by section 3) the following: 2005, the Director, in consultation with the tion projects; and ‘‘SEC. 307D. ENVIRONMENTAL EDUCATION PILOT Chesapeake Executive Council, shall submit ‘‘(E) the identification and characteriza- PROGRAM. a report through the Administrator of Na- tion of contaminated habitats, and the devel- ‘‘(a) PILOT PROGRAM ESTABLISHED.—Not tional Oceanic and Atmospheric Administra- opment of restoration plans for those habi- later than 180 days after the date of enact- tion to Congress regarding this program and, tats in the Chesapeake Bay watershed. ment of this section, the Director, in co- on the appropriate role of Federal, State and ‘‘(c) ELIGIBLE ENTITIES.—The following en- operation with the Chesapeake Executive tities are eligible to receive grants under the Council, shall establish the Chesapeake Bay local governments in continuing the pro- program under this section: Environmental Education Program to im- gram established under this section. ‘‘(1) The government of a political subdivi- prove the understanding of elementary and ‘‘(e) DEFINITION.—In this section, the term sion of a State in the Chesapeake Bay water- secondary school students and teachers of ‘Chesapeake 2000 agreement’ means the shed and the Government of the District of the living resources of the ecosystem of the agreement between the United States, the Columbia. Chesapeake Bay, and to meet the edu- States of Maryland, Pennsylvania, and Vir- ‘‘(2) An organization in the Chesapeake cational goals of the Chesapeake 2000 agree- ginia, and the District of Columbia entered Bay watershed (such as an educational insti- ment. into on June 28, 2000.’’. tution or a community organization) that is ‘‘(b) GRANT PROGRAM.— SEC. 5. AUTHORIZATION OF APPROPRIATIONS. described in section 501(c) of the Internal ‘‘(1) IN GENERAL.—The Director, through (a) IN GENERAL.—Section 307(d) of the Na- Revenue Code of 1986 and is exempt from tax- the pilot program established under sub- tional Oceanic and Atmospheric Administra- ation under section 501(a) of the Code. section (a), shall make grants to not-for- tion Authorization Act of 1992 (15 U.S.C. ‘‘(d) ADDITIONAL REQUIREMENTS.—The Di- profit institutions (or consortia of such in- 1511d(d)) is amended to read as follows: rector may prescribe any additional require- stitutions) to pay the federal share of the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ments, including procedures, that the Direc- cost of programs described in paragraph (3). ‘‘(1) IN GENERAL.—There is authorized to be tor considers necessary to carry out the pro- ‘‘(2) CRITERIA.—The Director shall award appropriated to the Department of Com- gram under this section. grants under this subsection based on the ex- merce for the Chesapeake Bay Office ‘‘SEC. 307C. COASTAL PREDICTION CENTER. perience of the applicant in providing envi- $8,000,000 for each of fiscal years 2002 through ‘‘(a) ESTABLISHMENT.— ronmental education and training programs 2005. ‘‘(1) IN GENERAL.—Not later than 1 year regarding the Chesapeake Bay watershed to ‘‘(2) AMOUNTS FOR PROGRAMS.—Of the after the date of enactment of this section, a range of participants and in a range of set- amount authorized to be appropriated for the Director of the Chesapeake Bay Office of tings. each fiscal year under paragraph (1)— the National Oceanic and Atmospheric Ad- ‘‘(3) FUNCTIONS AND ACTIVITIES.—Grants ‘‘(A) not more than $2,500,000 shall be avail- ministration (referred to in this section as awarded under this subsection may be used able to operate the Chesapeake Bay Office the ‘Director’), in collaboration with re- to support education and training programs and to carry out section 307A; gional scientific institutions, shall establish that— ‘‘(B) not more than $1,000,000 shall be avail- a coastal prediction center for the Chesa- ‘‘(A) provide classroom education, includ- able to carry out section 307B; and peake Bay (referred to in this section as the ing the use of distance learning technologies, ‘‘(C) not more than $500,000 shall be avail- ‘center’). on the issues, science, and problems of the able to carry out section 307C. ‘‘(2) PURPOSE OF CENTER.—The center shall living resources of the Chesapeake Bay wa- ‘‘(D) not more than $2,000,000 shall be avail- serve as a knowledge bank for— tershed; able to carry out section 307D.

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(c) CONFORMING AMENDMENT.—Section 2 of CHESAPEAKE BAY COMMISSION, MARYLAND DEPARTMENT the National Oceanic and Atmospheric Ad- Annapolis, MD, May 23, 2001. OF THE ENVIRONMENT, ministration Marine Fisheries Program Au- Hon. PAUL S. SARBANES, Baltimore, MD, June 12, 2001. thorization Act (97 Stat. 1409) is amended by Hart Senate Office Building, Hon. PAUL SARBANES, striking subsection (e), as added by section Washington, DC. U.S. Senate, Hart Building, 307(d) of the National Oceanic and Atmos- Washington, DC. DEAR SENATOR SARBANES: We write in sup- pheric Administration Authorization Act of port of your efforts to reduce the environ- DEAR SENATOR SARBANES: The State of 1992 (106 Stat. 4285). Maryland has been pursuing an aggressive mental and public health impacts of one of program of reducing nutrients from publicly SEC. 6. TECHNICAL CORRECTION. the major point sources of nutrient pollution owned wastewater treatment plants through Section 307(b) of the National Oceanic and to the Chesapeake Bay—municipal waste- its Biological Nutrient Removal (BNR) Cost- Atmospheric Administration Authorization water treatment plants. As you know, nearly Share Program. This State funded program Act of 1992 (15 U.S.C. 1511d(b)) is amended by 300 major sewerage treatment plants located provides 50% of the costs to upgrade existing striking ‘‘Chesapeake Bay Executive Coun- in the Chesapeake Bay watershed discharge wastewater treatment plants with pollutant cil’’ and inserting ‘‘Chesapeake Executive approximately 60 million pounds of nitrogen, removal technologies that go beyond regu- Council’’. amounting to 20 percent of the total nitro- latory requirements to help meet the goal of gen load, into the Chesapeake Bay. cleaning up the Chesapeake Bay and its trib- CHESAPEAKE BAY FOUNDATION, utaries. Annapolis, MD, May 15, 2001. Nutrient pollution has been a particularly difficult and persistent problem in our ef- This State funded program has benefited Hon. PAUL SARBANES, from your efforts as well as those of Senator forts to protect and restore the Chesapeake U.S. Senate, Hart Office Building, Washington, Mikulski through the earmarking of special Bay’s ecosystem. In 1987, the Chesapeake DC. federal appropriations to some of the waste- DEAR SENATOR SARBANES: Last year, a few Bay Commission and our Bay partners com- water treatment plants targeted for these Members claimed that the Florida Ever- mitted to achieving a 40 percent reduction in BNR upgrades. This assistance has made the glades was a national treasure. I know you controllable nutrient loads to the Bay by the needed improvements affordable to the citi- agree with me that the Chesapeake Bay, year 2000. While measurable pollution reduc- zens served by these treatment plants and which drains six states and the District, has tions were achieved despite continued popu- advanced the goals of the Chesapeake Bay more claim to being a national treasure than lation growth and development, the Chesa- Program. the Florida Everglades. peake Bay Program estimates that at least I am writing to you today to request your I am writing to thank you for your stead- an additional 100 million lbs. of nitrogen continued support of the BNR Program. fast support for the Bay. I am also writing to must be removed in order to correct the Maryland has accomplished much in this urge you to pass new legislation that will Bay’s nutrient-related problems by 2010. program. Of the 66 targeted plants, 34 are in fund wastewater treatment plant upgrades operation and 9 are under construction. The Fortunately, the Bay states have led the to reduce nutrient pollution in the Bay. Nu- remaining plants are in planning and design. trient pollution is the Bay’s number one way in the application of advanced nutrient Maryland has provided $163 million to fund problem. The Bay and its tributaries receive removal technologies. For example, of Mary- these improvements, with another $73 to $100 about twice as much nitrogen and phos- land’s 66 wastewater treatment plants, bio- million estimated to be needed to complete phorus as they should. Sewage plants are not logical nutrient removal (BNR) technology the program. The local governments have the sole source, but new technology makes is in operation at 34 plants, under construc- committed an equal share, and have the need them the low-hanging fruit as we seek reduction at 9 plants, and all but one of the re- for additional funding to implement BNR. tions. maining wastewater treatment plants have With full implementation of the BNR Pro- First, let me give credit where it is due. signed cost-share agreements for implemen- gram, nitrogen loadings to the Bay will be Over 70 large wastewater treatment plants tation of BNR. While this technology is one reduced from 32 to 15.2 million pounds per have been upgraded with technology that of the most reliable and cost-effective means year. dramatically reduces the amount of nitrogen of reducing nutrient loads to the Bay, it is Achieving this level of nutrient reduction and phosphorus in the treated discharge. prohibitively expensive without the com- is more critical than ever, as the new goals Some plants, like the Blue Plains facility in bined contribution of local, state, and Fed- being evaluated for the Chesapeake 2000 DC, have gone beyond what was asked of eral funds. To date, the financial burden for Agreement are refined. It is already clear them. Virginia and Maryland and the local upgrading aging sewerage infrastructure has that we will have to do much more to reduce municipalities have shouldered that cost so both point sources and non-point sources of rested largely upon local governments, far. nutrient pollution to restore the Bay. which have a limited capacity to support Nevertheless, to make a real dent in nutri- BNR will remain the cornerstone of the ent pollution, we need to get serious about such expensive capital improvements. The point survey strategy to achieve the needed getting all the major plants to remove nitro- Chesapeake Bay Foundation has derived a nutrient reductions. While the BNR program gen and phosphorus from the effluent. An- rough estimate of $1.2 billion for the applica- has targeted a nitrogen concentration of 8 other 218 major plants await upgrades. These tion of BNR at treatment plants within the mg/l, many of the plants designed with BNR plants need to install state-of-the-art tech- Bay watershed over a 10-year period. will be able to achieve even lower concentra- nology, which would cut 85% of the nitrogen By establishing the proposed grant pro- tions. The plants currently in planning and and phosphorus pollution from the treated gram under the ‘‘Chesapeake Bay Watershed design are being evaluated and designed to discharge. That would slash nutrients in the Nutrient Removal Assistance Act,’’ state be able to achieve lower concentrations, in Bay by more than 50 million pounds each and local funds could be matched with Fed- anticipation of more ambitious Bay goals. In year. I’ve attached a copy of a letter from some cases, this may increase project costs, eral funds to initiate urgently needed up- my staff to yours that provides a detailed but is a reasonable investment to protect the grades to eligible wastewater treatment fa- background briefing on this subject. Bay and its tributaries. cilities. By prioritizing those facilities that The Clean Water Act promised citizens In the interest of maintaining the leader- that they would have clean waters by now. would produce the greatest nutrient load re- ship of the Chesapeake Bay restoration ef- Sadly, the Bay is still polluted thirty years ductions at points of discharge and the fort by providing a nationally significant later. If we fail to greatly reduce nutrient greatest environmental benefits to local bod- demonstration effort, I am asking for your pollution in the next few years, the Bay will ies of water, this program would ensure sig- continuing assistance in helping Maryland, not be the only loser. Commercial fishermen nificant and measurable improvements to and the other jurisdictions in the Chesa- and their families will suffer. Waterfront the water quality and living resources of the peake Bay region, meet these ambitious yet property owners will not realize a gain in Chesapeake Bay. We commend you and your critical nutrient reduction goals. The cre- their investment. Recreational opportuni- colleagues for addressing this important ation of a special grant program to help local ties—so important in this workaholic issue and offer our assistance in your en- governments upgrade their wastewater world—will be diminished. And certainly, an deavor. treatment plants to reach the lowest pos- unhealthy Bay imperils human health. Sincerely, sible nutrient discharge levels would ensure The Chesapeake Bay Foundation stands BRIAN E. FROSH, that the large publicly owned wastewater ready to galvanize public support behind Chairman (Senate of treatment plants in the region are maxi- your effort to fund these upgrades. With Maryland). mizing pollutant removals to the benefit of 92,000 members, a dedicated professional ROBERT S. BLOXOM, the Chesapeake Bay. staff and a volunteer board, we are deter- Vice-Chairman (Vir- The beneficiaries of this capital invest- mined to do whatever it takes to save the ginia House of Dele- ment will be not only the future residents in Bay. Thank you again for all of your hard gates). the Chesapeake Bay region, who will be able work on behalf of the Bay. RUSS FAIRCHILD, to enjoy the environment and economic Sincerely, Vice-Chairman (Penn- wealth of the Bay and the living resources WILLIAM C. BAKER, sylvania House of with which we share this unique resource, President. Representatives). but also the nation which will benefit from

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6328 CONGRESSIONAL RECORD — SENATE June 14, 2001 the knowledge gained from the Chesapeake be determined without regard to such deduc- Second, our legislation recognizes Bay restoration effort. tion, and the unique nature of asbestos-related Sincerely, ‘‘(ii) the amount of taxable income taken diseases by providing a special ‘‘carry- JANE NISHIDA, into account with respect to the carryback Secretary. under subsection (b)(2) for such taxable year back’’ rule for a company’s losses from shall be reduced by an amount equal to— paying claims to asbestos victims and By Mr. DEWINE (for himself, Mr. ‘‘(I) the increase in the amount of such their families. Under current law, a LEAHY, Mr. VOINOVICH, Mr. credits allowable for such taxable year solely company may carry back these costs BREAUX, Mr. CONRAD, Mr. by reason of clause (i), divided by from products sold in the last ten LUGAR, Mr. SANTORUM Ms. LAN- ‘‘(II) the maximum rate of tax under sec- years. This carry-back period, however, tion 1 or 11 (whichever is applicable) for such DRIEU, and Mr. HATCH): fails to match the realities of asbestos- S. 1048. A bill to amend the Internal taxable year. related diseases, which are often latent ‘‘(C) CARRYFORWARDS TAKEN INTO ACCOUNT Revenue Code of 1986 to provide relief BEFORE ASBESTOS-RELATED DEDUCTIONS.—For for forty or more years. In many cases, for payment of asbestos-related claims; purposes of this section— companies are paying asbestos-related to the Committee on Finance. ‘‘(i) in determining whether a net oper- claims for exposure to products that Mr. DEWINE. Mr. President, I ask ating loss carryforward may be carried under were produced a half-century ago. unanimous consent that the text of the subsection (b)(2) to a taxable year, taxable Our legislation would permit compa- bill be printed in the RECORD. income for such year shall be determined There being no objection the text of without regard to the deductions referred to nies for whom the ten-year period pro- the bill was ordered to be printed in in paragraph (1)(A) with respect to asbestos, vides no relief to carry back their cur- the RECORD. and rent expenses from asbestos payments ‘‘(ii) if there is a net operating loss for S. 1048 to victims and their families to the such year after taking into account such Be it enacted by the Senate and House of Rep- years in which the company produced carryforwards and deductions, the portion of the asbestos product. This extension of resentatives of the United States of America in such loss attributable to such deductions Congress assembled, shall be treated as a specified liability loss the carry-back tax rule is only fair SECTION. 1. EXEMPTION FOR ASBESTOS-RE- that is attributable to asbestos. given the long latency period of asbes- LATED SETTLEMENT FUNDS. ‘‘(D) LIMITATION.—The amount of reduction tos-related diseases. (a) EXEMPTION FOR ASBESTOS-RELATED SET- in income tax liability arising from the elec- TLEMENT FUNDS.—Subsection (b) of section I agree with Supreme Court Justice tion described in subparagraph (A) that ex- 468B of the Internal Revenue Code of 1986 (re- Ruth Bader Ginsburg in the Amchem ceeds the amount of reduction in income tax lating to special rules for designated settle- liability that would have resulted if the tax- Products decision that Congress can ment funds) is amended by adding at the end payer utilized the 10-year carryback period provide a secure, fair and efficient the following new paragraph: under subsection (b)(1)(C) shall be devoted by means of compensating victims of as- ‘‘(6) EXEMPTION FROM TAX FOR ASBESTOS-RE- the taxpayer solely to asbestos claimant bestos exposure. The appropriate role LATED SETTLEMENT FUNDS.—Notwithstanding compensation and related costs, through a paragraph (1), no tax shall be imposed under for Congress is to provide incentives settlement fund or otherwise. this section or any other provision of this for private parties to reach settle- ‘‘(E) COORDINATION WITH OTHER CARRYBACK subtitle on any settlement fund to which ments, not to take away the legal LIMITATIONS.—The amount of asbestos-re- this section or the regulations thereunder lated specified liability loss that may be ab- rights of asbestos victims and their applies that is established for the principal sorbed in a prior taxable year (and the families. Our bipartisan bill provides purpose of resolving and satisfying present amount of refund attributable to such loss these tax incentives for private parties and future claims relating to asbestos.’’. absorption) shall be determined without re- involved in asbestos-related litigation (b) CONFORMING AMENDMENTS.— (1) Paragraph (1) of section 468B(b) of such gard to any limitation under section 381, 382, to reach global settlements and for as- Code is amended by striking ‘‘There’’ and in- or 1502 or the regulations thereunder. bestos victims and their families to re- serting ‘‘Except as provided in paragraph (6), ‘‘(F) PREDECESSOR CORPORATION.—For pur- ceive the full benefit of the incentives. poses of this paragraph, a predecessor cor- there’’. Encouraging fair settlements while (2) Subsection (g) of section 468B of such poration shall include a corporation that Code is amended by inserting ‘‘(other than transferred or distributed assets to the tax- still preserving the legal rights of all subsection (b)(6))’’ after ‘‘Nothing in any pro- payer in a transaction to which section parties involved is a win-win situation vision of law’’. 381(a) applies or that distributed the stock of for business and asbestos victims. For the taxpayer in a transaction to which sec- (c) EFFECTIVE DATE.—The amendments example, Rutland Fire Clay Company, tion 355 applies.’’. made by this section shall apply to taxable a family-run, 118-year-old small busi- years ending on or after December 31, 2000. (b) CONFORMING AMENDMENT.—Paragraph (7) of section 172(f) of such Code, as redesig- ness in my home state of Vermont, re- SEC. 2. MODIFY TREATMENT OF ASBESTOS-RE- nated by this section, is amended by striking LATED NET OPERATING LOSSES. cently reached a settlement with its ‘‘10-year’’. (a) ASBESTOS-RELATED NET OPERATING insurers and the trial bar concerning (c) EFFECTIVE DATE.—The amendments LOSSES.—Subsection (f) of section 172 of the the firm’s asbestos problems. Unlike made by this section shall apply to taxable Internal Revenue Code of 1986 (relating to years ending on or after December 31, 2000. some big businesses that are trying to net operating loss deduction) is amended by Mr. LEAHY. Mr. President, I am avoid any accountability for their as- redesignating paragraphs (4), (5), and (6) as bestos responsibilities through na- pleased to join with Senator DEWINE in paragraphs (5), (6), and (7), respectively, and tional ‘‘tort reform’’ legislation, the by inserting after paragraph (3) the following introducing bipartisan legislation to new paragraph: provide common-sense tax incentives Rutland Fire Clay Company and its ‘‘(4) SPECIAL RULES FOR ASBESTOS LIABILITY to help address asbestos liability President, Tom Martin, are doing the LOSSES.— issues. right thing within the legal system. ‘‘(A) IN GENERAL.—At the election of the First, our legislation would exempt The tax incentives in our bipartisan taxpayer, the portion of any specified liabil- investment income in an asbestos-re- bill will support the Rutland Fire Clay ity loss that is attributable to asbestos may, lated designated settlement funds from Company and its employees while pro- for purposes of subsection (b)(1)(C), be car- Federal income tax, much as the in- viding financial security for its settle- ried back to the taxable year in which the taxpayer, including any predecessor corpora- vestment income in a 401(k) savings ment with asbestos victims and their tion, was first involved in the production or plan is exempt from Federal income families. distribution of products containing asbestos tax under current law. To qualify for I believe it is in the national interest and each subsequent taxable year. In deter- this exemption from Federal taxation, to encourage fair and expeditious set- mining its specified liability losses attrib- the principal purpose of the asbestos- tlements between companies and asbes- utable to asbestos, the taxpayer may elect to related designated settlement fund tos victims. The legislation we are in- take into account payments of related par- must be to pay present and future troducing today will encourage pay- ties attributable to asbestos-related products claims to asbestos victims and their ments to victims while ensuring de- produced or distributed by the taxpayer. families. This tax incentive encourages ‘‘(B) COORDINATION WITH CREDITS.—If a defendant firms remain solvent. duction is allowable for any taxable year by businesses to create settlement funds reason of a carryback described in subpara- to meet their asbestos-related liabil- I thank Senator DEWINE for his lead- graph (A)— ities, just as the tax incentive for ership on this issue. I urge my col- ‘‘(i) the credits allowable under part IV 401(k) savings plans encourages work- leagues to support our bipartisan ap- (other than subpart C) of subchapter A shall ers to invest for their retirement. proach to provide a secure and fair

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6329 means of compensating victims of as- term unprofitability of these compa- to specify that a living newborn baby bestos exposure and to permit busi- nies make them unable to take advan- is, in fact, a person. nesses with asbestos liabilities to effi- tage of tax breaks and incentives such One could ask, ‘‘Why do you need ciently meet their responsibilities. as the R&D credit. Therefore, many Federal legislation to state the obvi- small firms are forced to abandon their By Mr. TORRICELLI: ous? What else could a living baby be, research, sell their innovations to larg- except a person?’’ I will begin my ex- S. 1049. A bill to provide for an elec- er companies or simply go out of busi- tion to exchange research-related tax planation with events in 1995, when the ness. Senate began its attempts to outlaw a benefits for a refundable tax credit, for I firmly believe that these industry horrifying, inhumane, and barbaric the recapture of refunds in certain cir- failures are our failures because the abortion procedure: partial birth abor- cumstances, and for other purposes; to firm that ends its research today, may tion. In this particular abortion meth- the Committee on Finance. have been the company that provides od, a living baby is killed when he or Mr. TORRICELLI. Mr. President, I the cure for Parkinson’s or Lou she is only inches from being fully rise today to introduce a vital piece of Gherig’s disease tomorrow. legislation that will encourage the In order to address this situation, it born. Twice, the House and Senate growth of some of the most innovative is time for Congress to adopt a stood united in sending a bill to Presi- companies in the world. I refer to the straightforward proposal that would dent Clinton to ban this procedure. small biotechnology firms throughout build on the success of the R&D credit Twice, President Clinton vetoed the the country which on a daily basis per- to provide these small research compa- bill; and twice, the House courageously form breakthrough research that en- nies with the resources they need to voted to override his veto. Although hances our daily lives. continue their vital work. Specifically, support in the Senate grew each time Indeed, biotechnology research over I am introducing a proposal to allow the ban came to a vote, the Senate fell the years has benefitted greatly from these small firms to elect to take a re- a few votes shy of overriding the veto. successful initiatives such as the R&D fundable tax credit, equal to 75 percent Then, on June 28, 2000, the U.S. Su- tax credit. The R&D credit is of par- of the nominal value of their current- preme Court struck down Nebraska’s ticular importance to my State of New year research credits or deductions or partial birth abortion ban. The Su- Jersey because there are over 100 com- 75 percent of the value of the current- preme Court’s ruling in Stenberg v. panies who spend $20 billion a year in year net operating losses multiplied by Carhart, as well as subsequent rulings R&D. In fact, over 50 percent of all the the highest marginal tax rate for cor- in lower courts, are disturbing on a prescription drug research in the world porations (currently 35 percent). number of levels. First, the Supreme is conducted in my State. I have also included safeguard provi- Court struck down Nebraska’s attempt Going hand in hand with the R&D tax sions to ensure that the government’s to ban a grotesque procedure the Amer- credit are the contributions of the bio- investment in these companies is put ican Medical Association has called technology industry. My colleagues are to good use. Any company that elects ‘‘bad medicine,’’ and thousands of phy- well aware of the importance of this to take this refundable tax credit sicians who specialize in high risk segment of industry and the beneficial would become ineligible for normal pregnancies have called ‘‘never medi- role biotechnology plays in improving R&D tax credits and normal corporate cally necessary.’’ Further, the Court our quality of life and protecting the tax deductions until they are able to said it did not matter that the baby is environment. In fact, the Senate payback the original amount of the re- killed when it is almost totally outside unanimously approved a resolution ac- fundable tax credit in federal income the mother’s body in this abortion knowledging the benefits of biotech re- taxes after they turn a profit. Further- method. In other known abortion search earlier this Congress. more, my proposal requires that the methods, the baby is killed in utero. The Senate has recognized these ben- proceeds from the refundable tax credit Finally, the U.S. Supreme Court, and efits that are seen in the drugs and must be used towards ongoing re- the Third Circuit Court have stated it vaccines developed over the last 20 search-related activities. My legisla- does not matter where the baby is posi- years, which have already enabled over tion also maintains that if it is deter- tioned when it is aborted. This asser- 270 million people throughout the mined that a company claiming this tion, to me, is the most horrifying of world live healthier and longer lives. credit is not using the proceeds for re- all. Today, a breast cancer, leukemia or di- search, the IRS can recapture that por- In the years of debates on partial abetes patient has a fighting chance to tion of the credit. survive their illness through treat- birth abortion, I have asked Senators a This proposal does not seek to very simple question: If a partial birth ments developed by biotech research. supercede or replace the R&D tax cred- The record number of biotech drug abortion were being performed on a it. Rather, it complements the tremen- baby, and for some reason the head approvals by the FDA over the past dous success of the R&D credit. It helps five years demonstrates the potential slipped out and the baby were deliv- the struggling companies that the R&D ered, would it be o.k. to kill that baby? of this industry to develop new thera- credit doesn’t reach. I am hopeful that pies which may someday lead to cures Not one Senator who defended the pro- my colleagues will recognize, as I do, cedure has ever provided a straight- and vaccines for debilitating diseases the magnificent potential of the such as heart disease, Alzheimer’s, forward ‘‘yes’’ or ‘‘no’’ response. They biotech industry and make this invest- would not answer my question. I be- AIDS and cancer. ment in its future. While the R&D credit has been re- lieve it is important to define when a child is protected by the Constitution; sponsible for enabling much of this By Mr. SANTORUM (for himself, so, I revised my question. I asked breakthrough research, the irony is Mr. FITZGERALD, and Mr. VOINO- whether it would be alright to kill a that many small firms who are per- VICH): forming the most advanced, cutting S. 1050. A bill to protect infants who baby whose foot is still inside the edge research and experimentation, are born alive; to the Committee on mother’s body, or what if only a toe is who desperately need the R&D credit the Judiciary. inside? Again, I did not receive an an- are unable to utilize it because they Mr. SANTORUM. Mr. President, swer. have failed to turn a profit. These today I am introducing the Born Alive Unfortunately, evidence uncovered small companies often dedicate all of Infants Protection Act. last year at a hearing before the House their resources to one or two major ini- When I was first elected to the Sen- Judiciary Subcommittee on the Con- tiatives to conduct long term R&D ate in 1994, I never imagined that the stitution suggests my questions were projects benefitting our medical, agri- bill I am offering today would be nec- not so hypothetical. In fact, two nurses cultural and industrial sectors. essary. Simply stated, this measure testified to seeing babies who were In many instances, these projects are gives legal status to a fully born living born alive as a result of induced labor time consuming, expend much capital, infant, regardless of the circumstances abortions being left to die in soiled and unfortunately are unsuccessful or of his or her birth. I am deeply sad- utility rooms. Furthermore, the intel- unmarketable. Consequently, the long dened that we must clarify Federal law lectual framework for legalization of

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6330 CONGRESSIONAL RECORD — SENATE June 14, 2001 killing unwanted babies is being con- ‘‘(b) As used in this section, the term ‘born Several private landowners now wish structed by a prominent bioethics pro- alive’, with respect to a member of the spe- to sell some of the surrounding farm- fessor at Princeton University. Pro- cies homo sapiens, means the complete ex- land, including the 15-acre tract identi- pulsion or extraction from its mother of that fessor Peter Singer has advocated al- member, at any stage of development, who fied in the viewshed study. I believe lowing parents a 28-day waiting period after such expulsion or extraction breathes that in order to maintain this unique to decide whether to kill a disabled or or has a beating heart, pulsation of the um- historic setting, the Park Service unhealthy newborn. In his widely dis- bilical cord, or definite movement of vol- should acquire this property so that seminated book, Practical Ethics, he untary muscles, regardless of whether the visitors will be able to experience the asserts, ‘‘killing a disabled infant is umbilical cord has been cut, and regardless same pastoral setting that was so cru- not morally equivalent to killing a per- of whether the expulsion or extraction oc- cial to Booker T. Washington’s life. I son. Very often it is not wrong at all.’’ curs as a result of natural or induced labor,caesarean section, or induced abortion. urge my colleagues to join me in pre- In response to these events, the Born ‘‘(c) Nothing in this section shall be con- serving this important landmark in our Alive Infants Protection Act grants strued to affirm, deny, expand, or contract nation’s history for all future genera- protection under Federal law to any legal status or legal right applicable to tions. newborns who are fully outside of the any member of the species homo sapiens at I ask unanimous consent that the mother. Specifically, it states that any point prior to being born alive as defined text of the bill be printed in the in this section’’. Federal laws and regulations referring RECORD. to a ‘‘person,’’ ‘‘human being,’’ ‘‘child,’’ (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title There being no objection, the bill was and ‘‘individual’’ include ‘‘every infant 1, United States Code, is amended by adding ordered to be printed in the RECORD, as member of the species homo sapiens at the end the following new item: follows; who is born alive at any stage of devel- ‘‘8. ‘Person’, ‘human being’, ‘child’, and ‘indi- S. 1051 opment.’’ ‘‘Born alive’’ means ‘‘the vidual’ as including born-alive Be it enacted by the Senate and House of Rep- complete expulsion or extraction from infant.’’. resentatives of the United States of America in its mother of that member, at any Congress assembled, stage of development, who after such By Mr. WARNER (for himself and SECTION 1. SHORT TITLE. expulsion or extraction breathes or has Mr. ALLEN): This Act may be cited as the ‘‘Booker T. a beating heart, pulsation of the umbil- S. 1051. A bill to expand the boundary Washington National Monument Boundary ical cord, or definite movement of vol- of the Booker T. Washington National Adjustment Act of 2001’’. untary muscles, regardless of whether Monument, and for other purposes; to SEC. 2. BOUNDARY OF BOOKER T. WASHINGTON the Committee on Energy and Natural NATIONAL MONUMENT EXPANDED. the umbilical cord has been cut, and re- The Act entitled ‘‘An Act to provide for gardless of whether the expulsion or Resources. Mr. WARNER. Mr. President, today I the establishment of the Booker T. Wash- extraction occurs as a result of natural ington National Monument’’, approved April or induced labor, caesarean section, or rise to introduce a bill which will ex- 2, 1956 (16 U.S.C. 450ll et seq.), is amended by induced abortion.’’ The definition of pand the borders of the Booker T. Na- adding at the end the following new section: ‘‘born alive’’ is derived from a World tional Washington Monument in Vir- ‘‘SEC. 5. ADDITIONAL LANDS. Health Organization definition of ‘‘live ginia. This extraordinary 224 acres of ‘‘(a) LANDS ADDED TO MONUMENT.—The birth’’ that has been enacted in ap- rolling hills, woodlands, and agricul- boundary of the Booker T. Washington Na- proximately 30 states and the District tural fields preserves and protects the tional Monument is modified to include the birth site and childhood home of Book- approximately 15 acres, as generally depicted of Columbia. on the map entitled ‘‘Boundary Map, Booker Again, all this bill says is that a liver T. Washington. It interprets both his life experiences and significance in T. Washington National Monument, Frank- ing baby who is completely outside of lin County, Virginia’’, numbered BOWA 404/ its mother is a person, a human being, American history. On April 2, 1956 the Monument was 80,024, and dated February 2001. The map a child, an individual. Similar legisla- shall be on file and available for inspection authorized by Congress to create a tion passed by the House of Represent- in the appropriate offices of the National ‘‘public national memorial to Booker atives last year by an overwhelming Park Service, Department of the Interior. T. Washington, noted Negro educator vote of 380–15. I am hopeful that Sen- ‘‘(b) ACQUISITION OF ADDITIONAL LANDS.— and apostle of good will . . .’’. Mr. The Secretary of the Interior is authorized ators on both sides of the general abor- Washington was widely considered the to acquire from willing owners the land or tion debate can agree that once a baby most powerful African American of his interests in land described in subsection (a) is completely outside of its mother, it time. This park provides a focal point by donation, purchase with donated or ap- is a person, deserving the protections for the continuing discussions on the propriated funds, or exchange. and dignity afforded to all other Amer- ‘‘(c) ADMINISTRATION OF ADDITIONAL context of race in American society, a LANDS.—Lands added to Booker T. Wash- icans. resource for public education, and the I ask unanimous consent that the ington National Monument by subsection (a) continuation of his legacy today. text of the Born Alive Infants Protec- shall be administered by the Secretary of the The agricultural landscape sur- Interior as part of the monument in accord- tion Act be printed in the RECORD. rounding the Monument plays a crit- ance with applicable laws and regulations.’’. There being no objection, the bill was ical role in the park’s interpretation of ordered to be printed in the RECORD, as Washington’s life as an enslaved child By Mr. HARKIN (for himself, Mr. follows: during the Civil War era. Many of his AKAKA, Mr. BINGAMAN, Mr. S. 1050 most significant experiences center on MURKOWSKI, Mr. REID, Mr. Be it enacted by the Senate and House of Rep- this small tobacco farm located near DOMENICI, Mr. KYL, Mr. BAYH, resentatives of the United States of America in Mr. INOUYE, Mr. LIEBERMAN, Congress assembled, the rapidly developing recreational area of Smith Mountain Lake. It is re- and Mr. JEFFORDS): SECTION 1. SHORT TITLE. S. 1053. A bill to reauthorize and This Act may be cited as the ‘‘Born-Alive markable that the area immediately Infants Protection Act’’. surrounding the national monument amend the Spark M. Matsunaga Hydro- SEC. 2. DEFINITION OF BORN-ALIVE INFANT. remains relatively unchanged since the gen Research Development, and Dem- (a) IN GENERAL.—Chapter 1 of title 1, time of Booker T. Washington’s birth. onstration Act of 1990, and for other United States Code, is amended by adding at As part of the park’s strategic plan, a purposes; to the Committee on Energy the end the following: viewshed study was conducted in 1998. and Natural Resources. ‘‘§ 8. ‘Person’, ‘human being’, ‘child’, and ‘indi- It’s purpose was to survey the sur- Mr. HARKIN. Mr. President, I am vidual’ as including born-alive infant rounding lands in the most highly vis- pleased to introduce today the Hydro- ‘‘(a) In determining the meaning of any ited areas of the park and determine gen Future Act of 2001, a bill to reau- Act of Congress, or of any ruling, regulation, what visual effects urban development thorize the Department of Energy’s hy- or interpretation of the various administra- would have on the preservation of this drogen energy programs. I am espe- tive bureaus and agencies of the United cially pleased that this bill has strong States, the words ‘person’, ‘human being’, historic site. The study identified a 15- ‘child’, and ‘individual’, shall include every acre parcel of land to be the most crit- bipartisan support. I worked closely infant member of the species homo sapiens ical addition for this park because of with my colleague from Hawaii, Sen- who is born alive at any stage of develop- its proximity to Booker T. Washing- ator AKAKA, in developing the bill, ment. ton’s birth site. which builds on the great work of his

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6331 predecessor, Spark Matsunaga, and I visions and microwave ovens and cars. ‘‘carrier’’ between renewable sources thank him for his support. Other co- But if they develop the same way we and all end uses. Larry Burns, a vice sponsors include Senators BINGAMAN, did, we are all in trouble. The air pollu- president of General Motors has said, MURKOWSKI, REID, DOMENICI, KYL, tion, water pollution, and global warm- ‘‘We believe hydrogen will be the fuel BAYH, INOUYE, LIEBERMAN, and JEF- ing could make our earth unlivable. of the future.’’ And Don Huberts, of FORDS. And if China and other developing na- Shell, said ‘‘The stone age did not end There has been a wide-ranging and tions import oil to fuel a billion cars, because the world ran out of stones, sometimes fierce debate recently over our recent $2 a gallon gasoline prices and the oil age will not end because we what should be in a national energy will look like bargains. For the sake of run out of oil.’’ Saudi Arabian Oil Min- policy. But while there is significant these countries and for our own sake, ister Ahmed Zaki Yamani has used al- disagreement over near-term strate- we’ve got to help these developing most the same words. Now Iceland has gies, there is a widely shared vision of countries leap-frog fossil fuels and embarked on a visionary program to where we need to end up. For the sake move directly to sustainable develop- create the world’s first hydrogen econ- of both the economy and the environment based on renewable energy. omy using their abundant hydro- ment, we need to develop clean, domes- The Hydrogen Future Act is about electric and geothermal resources. tic renewable fuels, such as solar heat the solution to the electricity storage The Department of Energy hydrogen and power, wind turbines, geothermal problem. Hydrogen is a colorless, odor- energy program is a critical part of power, hydroelectric power, and bio- less, non-toxic gas that can be obtained this revolution. The program conducts mass and ethanol. These fuels are do- from ordinary water using electricity research in the efficient and cost-effec- mestic, avoiding the risks of depend- or from plants such as switchgrass and tive production of hydrogen from re- ence on foreign sources; indeed several trees. Hydrogen can be stored and newable sources and from fossil fuels, of these fuels are widely available in transported much like natural gas. And in effective storage of hydrogen, and in the U.S., so that many states, such as it is an almost perfect fuel. When potential uses such as reversible fuel Iowa, that now import virtually all burned, the main waste product is cells, as well as in necessary infra- their fuel could bring that work home. water. But hydrogen can more effi- structure including hydrogen sensors. The use of multiple fuels, and the local ciently be used to power fuel cells, The program demonstrates tech- availability, should make supplies making only electricity, heat, and pure nologies such as hydrogen fueling and more reliable as well. And these renew- water. And it’s safe, escaping harm- remote off-grid power applications. The able fuels are truly ‘‘green’’—they lessly into the air if there is a leak. program also conducts invaluable proc- cause almost no pollution and result in Because of these qualities, hydrogen ess and market analyses, as well as almost no global warming. has long been a technologist’s dream. doing necessary work on codes and reg- However, the sun, the wind, and even Jules Verne imagined hydrogen from ulations. They are working on ceramic the rivers are not always available water powering machinery, trains, and membranes, combined electricity gen- when you need them, and you can’t and lights back in 1874. But in 1990, eration and hydrogen production, and store sunlight, wind, or the electricity when the Hydrogen Research, Develop- niche markets such as vehicles in you make from them. If they are to be ment, and Demonstration Act first be- mines. Almost all projects are funded major sources of power, you need a way came law, hydrogen was still used for in party by industry. to store the energy. energy more in space, by NASA, than The bill we are introducing today The need to store electricity is not on earth. will extend, expand, and improve this just a hypothetical problem for an en- How things are changing. Hydrogen DOE program. Because of the enormous ergy future. The California energy cri- fuel cells are no longer a laboratory cu- promise of hydrogen energy, and the sis this year has vividly demonstrated riosity. Today, the First National current rapid expansion of opportuni- that electricity is not just another Bank of Omaha, just outside my home ties, the bill authorizes a significant commodity. The terrible price spikes state of Iowa, uses fuel cells to power increase in funding for the hydrogen and rolling blackouts occur in part be- its credit card service operations. They program, to $60 million next year, with cause customers need electricity but wanted fuel cells because of their reli- a total of $350 million over five years. cannot store or stockpile it, during ability. They figure it costs them one It also establishes a new program brief shortages purchasers have paid million dollars for every hour their aimed at demonstrating hydrogen tech- hundreds or thousands of dollars a power is out, and that the $3.8 million nologies and their integration with fuel kilowatthour, or found there was no system has already paid for itself. The cells at Federal, State, and local gov- electricity to buy. Californians hoped New York Central Park Police Station ernment facilities. The program would to create a free and fair market in elec- relies on a fuel cell for off-grid elec- be based on a plan to be developed by tricity, but instead find themselves at tricity because it would have cost over an interagency task force. It would the mercy of electricity providers. a million dollars to run power line ex- focus on hydrogen production, storage, The automobile industry has also tensions to the building. And at the and use in buildings and vehicles; on recognized for some time that electric Kirby Cove Campground in California, hydrogen-based infrastructure for cars could be much more efficient than fuel cells have another advantage: buses and fleet transportation; and on any combustion engine vehicle, as well they’re quiet. distributed power generation, including as quieter and non-polluting. But they We’ve seen public buses running on the generation of combined heat, have lacked an effective way to gen- hydrogen fuel cells in Chicago and Van- power, and hydrogen. This new dem- erate electricity on board. couver and Southern California. Every onstration program would be funded at These issues may be even more im- major car manufacturer has prototype an additional $20 million next year, portant abroad. Our world population fuel cell cars and vans on the roads. with a total of $150 million over five continues to increase at an almost And there are hydrogen fueling sta- years. alarming rate. Back when I was born in tions in places such as Dearborn, The bill makes other improvements, 1939, there were three billion people on Michigan; Las Vegas, Nevada, and Sac- including: Modification of cost-sharing the earth. When I turned 60 not long ramento, CA. Some companies are de- requirements to enable more participa- ago, there were 6 billion people. And 40 veloping fuel cells to power cell phones tion in research projects by small com- years from now, when by daughter and personal computers, others for full- panies and to exclude from cost-shar- turns 60, there will be 11 billion people size power plants. Companies have an- ing analytical and service work that on earth. nounced plans to deliver commercial will not lead to commercial products. As countries like India, China and fuel cell products in the next few years These changes are intended to conform the African Nations become industri- in cars, buses, and homes. more closely to the requirements in alized consumer societies, billions of Soon hydrogen may be powering the the Energy Policy Act of 1992 that gov- additional people will want, and de- world. It’s potential is so great that ern the rest of the renewable energy serve to have, a better quality of life. some people look forward to a ‘‘hydro- program, without violating WTO rules; That means heating in the winter and gen economy,’’ an economy in which Language incorporating international air conditioning in the summer, tele- hydrogen is the ubiquitous energy activities where appropriate in the

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6332 CONGRESSIONAL RECORD — SENATE June 14, 2001 DOE programs. A global perspective is Fuel cells for distributed stationary opment, and demonstration program necessary both to develop world mar- power are being commercialized and in- under the original Act. It authorized kets for our products and to encourage stalled in various locations in the activities leading to production, stor- international development on a sus- United States and worldwide. Transit age, transformation, and use of hydro- tainable path; Clarification of the com- bus demonstration programs are under- gen for industrial, residential, trans- position of the Hydrogen Technical Ad- way in both the United States and Eu- portation, and utility applications. It visory Panel that oversees the program rope. Major automobile companies are enjoyed bipartisan support in Congress. for DOE; Reporting requirements to poised to deploy fuel cell passenger Today we are introducing legislation further enhance inter-agency and cars within the next few years. All that reauthorizes and amends the Hy- inter-governmental cooperation in the these activities involve government drogen Future Act of 1996. It highlights hydrogen program. and private sector cooperation. the potential of hydrogen as an effi- This bill has the support of the chair- Industry is moving ahead with fuel cient and environmentally friendly man and ranking members of the En- cell developments at a rapid pace. source of energy, the need for a strong ergy Committee as well as the chair- Many companies are forming partner- partnership between the Federal gov- man and ranking member of the En- ships to bring new technologies to the ernment, industry, and academia, and ergy and Water Subcommittee of the marketplace. Daimler-Chrysler, Ford, the importance of continued support Appropriations Committee. I under- and Ballard have formed a partnership for hydrogen research. It fosters col- stand that a bill to reauthorize the Hy- and pledged $1.5 billion for commer- laboration between Federal agencies, drogen Future Act will also be intro- cialization of automotive fuel cells. State and local governments, univer- duced today in the House by Represent- Edison Development Company, General sities, and industry, and it encourages atives KEN CALVERT and SHERWOOD Electric, SoCal Gas, and Plug Power private sector investment and cost BOEHLERT, key members of the Science have agreements to commercialize res- sharing in the development of hydro- Committee. And the recent report of idential fuel cells. gen as an energy source. It adds provi- the administration’s National Energy National governments are turning to sions for the demonstration of hydro- Policy Development Group rec- hydrogen as the fuel of the future. Ice- gen technologies at government facili- ommended reauthorization of the hy- land is making a strong bid to become ties to expedite wider application of drogen program. I hope with this the world’s first hydrogen-based econ- these technologies. strong bipartisan support we will be omy. According to its plans, hydrogen- The bill we are introducing today able to pass this bill quickly and to powered cars and buses will transport supports the recommendations of the help realize hydrogen’s potential in people in Reykjavik, the country’s cap- President’s Council of Advisors on providing the clean, reliable energy we ital within ten years. If all goes well Science and Technology, PCAST. In its so desperately need. there will be no need for oil in Iceland. report issued in November 1997, PCAST Mr. AKAKA. Mr. President, I am Closer to home, I am particularly proposed a substantial increase in Fed- pleased to join Senator HARKIN, Sen- pleased that the State of Hawaii is tak- eral spending for applied energy tech- ator BINGAMAN and Senator MUR- ing the lead in ushering in the hydro- nology R&D, with the largest share KOWSKI, Chairman and Ranking Mem- gen era. Our State Legislature is ad- going to energy efficiency and renew- ber of the Senate Committee on Energy vancing bills that would authorize the able energy technologies. The PCAST and Natural Resources, my colleagues formation of a public-private sector report, ‘‘Federal Energy Research and Senators BAYH, DOMENICI, JEFFORDS, partnership for promoting hydrogen as Development for the Challenges of the KYL, LIEBERMAN, REID, and my senior an energy source. The partnership Twenty-First Century,’’ acknowledged colleague from Hawaii, Senator would involve the State, Counties, Fed- and supported advances in a wide range INOUYE, in introducing legislation that eral Government, utilities, and private of both hydrogen-producing and hydro- will accelerate the ongoing efforts for companies. The partnership would be gen-using technologies. the development of a fuel for the fu- charged with developing plans to pro- ture—hydrogen. Hydrogen is an effi- mote investment in hydrogen infra- The current Hydrogen Program, ad- cient and environmentally friendly en- structure, begin pilot plants to produce ministered by the Department of En- ergy carrier that can be obtained using hydrogen from geothermal and other ergy, supports a broad range of re- conventional or renewable resources. sources on Oahu, study how to move search and development projects in the In these days of soaring energy hydrogen to other islands, and study areas of hydrogen production, storage, prices, oil cartels, air pollution, global how wind and other methods could be and use in a safe and cost-effective climate change and greenhouse gases, used to produce hydrogen. In Cali- manner. Some of these new tech- hydrogen is a dazzling alternative. We fornia, the state’s zero emissions vehi- nologies may become available for can have a zero-pollution fuel. It can be cle requirements favor early introduc- wider use in the next few years. The produced domestically, ending our de- tion of hydrogen-powered vehicles. most promising include advanced nat- pendence on foreign oil. The question is These are very important initiatives. ural gas- and biomass-based hydrogen not whether there will be a hydrogen They may be small steps, but for the production technologies, high pressure age but when. hydrogen future they are important gaseous and cryogas storage systems, Hydrogen as a fuel can help us re- steps forward. and reversible PEM fuel cell systems. solve our energy problems and satisfy My predecessor in the Senate, Sen- Other projects lay the groundwork for much of the world’s energy needs. I am ator Spark Matsunaga was one of the long range opportunities. These activi- convinced that sometimes in the 21st first to focus attention on hydrogen by ties need continued support if the na- century, hydrogen will join electricity sponsoring hydrogen research legislation is to enjoy the benefits of a clean as one of our Nation’s primary energy tion. The Matsunaga Hydrogen Act, as energy source. carriers, and hydrogen will ultimately the legislation became known, was de- The Hydrogen Program utilizes the be produced from renewable sources. In signed to accelerate development of do- talents of our national laboratories and the next twenty years, increasing con- mestic capability to produce an eco- our universities. The National Renew- cerns about global climate change and nomically renewable energy source in able Energy Laboratory, Sandia, Law- energy security will help bring about sufficient quantities to reduce the Na- rence Livermore, Los Alamos, and Oak penetration of hydrogen in several tion’s dependence on conventional Ridge National Laboratories, as well as niche markets. The growth of fuel cell fuels. As a result of Senator Matsu- Jet Propulsion Laboratory are involved technology will allow the introduction naga’s vision, the Department of En- in the program. The DOE Field Office of hydrogen in both the transportation ergy has been conducting research that at Golden, Colorado, and Nevada Oper- and electricity sectors. will advance technologies for cost-ef- ations Office in Nevada are also in- I have a long-term vision for hydro- fective production, storage, and utiliza- volved. University-led centers-of-excel- gen energy as a renewable resource. tion of hydrogen. lence have been established at the Uni- Progress is being made and challenges The Hydrogen Future Act of 1996, versity of Miami and the University of and barriers are being surmounted at which followed the Matsunaga Hydro- Hawaii. U.S. participation in the Inter- an accelerating pace on a global scale. gen Act, expanded the research, devel- national Energy Agency contributes to

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6333 the advancement of DOE hydrogen re- to increase as the Baby Boom genera- tients, 15–20 percent of them had at search through international cooperation ages. While most long-term care least one conviction in their past. tion. The program has also built strong workers do an excellent job, it only But even more compelling, we heard links with the industry. This has re- takes a few abusive staff to cast a dark from Richard Meyer of Libertyville, Il- sulted in strong industry participation shadow over what should be a healing linois, whose 92-year old mother was and cost sharing. Cooperation between environment. raped by a nursing home worker who government, industry, universities, and A disturbing number of cases have had a previous conviction for child sex- the national laboratories is key to the been reported where workers with ual abuse. A criminal background successful development and commer- criminal backgrounds have been check could have prevented this trag- cialization of new and environmentally cleared to work in direct patient care, edy. But even more appalling, there is friendly energy technologies. and have subsequently abused patients nothing in current law that prevents The legislation we are introducing in their care. In 1997, the Milwaukee her assailant from travelling 50 miles today authorizes $350 million over the Journal-Sentinel ran a series of arti- to my home town of Milwaukee and next five years for research and devel- cles describing this problem, which led finding another job in a home health opment for hydrogen production, stor- my home State of Wisconsin to pass a agency. age and use. This will allow advance- criminal background check law for There’s no greater illustration of the ment of technologies such as smaller- health care workers. The legislation I need for background checks than this. scale production systems that are ap- introduce today follows their example But for those who need more hard data, plicable to distributed-generation and and builds on their efforts. there is more evidence. In 1998, I of- vehicle applications, advanced pressure Current State and National safe- fered an amendment which became law vessels, photobiological and guards are inadequate to screen out that allowed long-term care providers photocatalytic production of hydrogen, abusive workers. All States are re- to voluntarily use the FBI system for and carbon nanotubes, graphite nano- quired to maintain registries of abusive background checks. So far, 7 percent of fibers, and fullerenes. nurse aides. But nurse aides are not the those checks have come back with The bill also authorizes $150 million only workers involved in abuse, and criminal convictions, including rape for conducting integrated demonstra- other workers are not tracked at all. and kidnapping. tions of hydrogen technologies at gov- Even worse, there is no system to co- Clearly, this is a critical tool that ernment facilities. This provision will ordinate information about abusive long-term care providers should have, help secure industry participation nurse aides between States. A known they don’t want abusive caregivers through competitive solicitations for abuser in Iowa would have little trou- working for them any more than fami- technology development and testing. It ble moving to Wisconsin and con- lies do. The current voluntary system will test the viability of hydrogen pro- tinuing to work with patients there. was a good first step, but if we’re seri- duction, storage, and use, and lead to In addition, there is no Federal re- ous about protecting our seniors, and I the development of hydrogen-based op- quirement that long-term care facili- believe that every Member of the Sen- erating experience acceptance to meet ties conduct criminal background ate is, then we have to do more than safety codes and standards. checks on prospective employees. Peo- make it voluntary. We should make it By supporting this bill, we will be ple with violent criminal backgrounds, a national priority to require all long- ushering in a new era of non-polluting people who have already been con- term care providers who participate in energy. I urge my colleagues to support victed of murder, rape, and assault, Medicare and Medicaid to conduct this important legislation. could easily get a job in a nursing these checks. And we should make the home or other health care setting with- investment necessary to cover the By Mr. KOHL (for himself and out their past ever being discovered. costs of the checks, just like we reim- Mr. REID): Our legislation will go a long way to- burse providers for other costs of pro- S. 1054. A bill to amend titles XVIII ward solving this problem. First, it will viding care to Medicare and Medicaid and XIX of the Social Security Act to create a National Registry of abusive beneficiaries. This is a common-sense, prevent abuse of recipients of long- long-term care employees. States will inexpensive step we can take to protect term care services under the Medicare be required to submit information from patients by helping long-term care pro- and Medicaid programs; to the Com- their current State registries to the viders thoroughly screen potential mittee on Finance. National Registry. Facilities will be re- caregivers. Mr. KOHL. Mr. President, I rise quired to check the National Registry I realize that this legislation will not today to re-introduce the Patient before hiring a prospective worker. solve all instances of abuse. We still Abuse Prevention Act. I am pleased to Any worker with a substantiated find- need to do more to stop abuse from oc- be joined in this effort by Senator ing of patient abuse will be prohibited curring in the first place. But this bill REID, who has worked tirelessly with from working in long-term care. will ensure that those who have al- me on this important legislation. Second, the bill provides a second ready abused an elderly or disabled pa- There is absolutely no excuse for line of defense to protect patients from tient, and those who have committed abuse or neglect of the elderly and dis- violent criminals. If the National Reg- violent crimes against people in the abled at the hands of those who are istry does not contain information past, are kept away from vulnerable supposed to care for them. Our parents about a prospective worker, the facil- patients. and grandparents made our country ity is then required to initiate an FBI I want to repeat that I strongly be- what it is today, and they deserve to background check. Any conviction for lieve that most long-term care pro- live with dignity and the highest qual- patient abuse or a relevant violent viders and their staff work hard to de- ity care. crime would bar that applicant from liver the highest quality care. How- Unfortunately, this is not always the working with patients. ever, it is imperative that Congress act case. We know that the majority of There is clear evidence that this is immediately to get rid of those that caregivers are dedicated, professional, needed. In 1998, at my request, the Sen- don’t. When a patient checks into a and do their best under difficult cir- ate Special Committee on Aging held a nursing home or hospice, or receives cumstances. But we also know that too hearing that focused on how easy it is home health care, they should not have often, the elderly are starved, shamed, for known abusers to find work in long- to give up their right to be free from abused, neglected and exploited by the term care and continue to prey on pa- abuse, neglect, or mistreatment. very people charged with their care. tients. At that hearing, the HHS In- This bill is the product of collabora- And the systems that are in place spector General presented a report tion and input from the health care in- today are not enough to protect them. which found that, in the two States dustry, patient and employee advo- It is estimated that more than 43 per- they studied, between 5–10 percent of cates who all have the same goal I do: cent of Americans over the age of 65 employees currently working in nurs- protecting patients in long-term care. I will likely spend time in a nursing ing homes had serious criminal convic- look forward to continuing to work home. The number of people needing tions in their past. They also found with my colleagues, the Administra- long-term care services will continue that among aides who had abused pa- tion, and the health care industry in

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6334 CONGRESSIONAL RECORD — SENATE June 14, 2001 this effort. Our nation’s seniors and supervision of the worker during the work- or both, with such facility. Such term in- disabled deserve nothing less than our er’s provisional period of employment. cludes individuals who are licensed or cer- full attention. ‘‘(C) REPORTING REQUIREMENTS.—A nursing tified by the State to provide such services, I ask unanimous consent that the facility shall report to the State any in- and nonlicensed individuals providing such stance in which the facility determines that services, as defined by the Secretary, includ- text of the bill be printed in the a nursing facility worker has committed an ing nurse assistants, nurse aides, home RECORD. act of resident neglect or abuse or misappro- health aides, and personal care workers and There being no objection, the bill was priation of resident property in the course of attendants.’’. ordered to be printed in the RECORD, as employment by the facility. (2) MEDICARE PROGRAM.—Section 1819(b) of follows: ‘‘(D) USE OF INFORMATION.— the Social Security Act (42 U.S.C. 1395i–3(b)) S. 1054 ‘‘(i) IN GENERAL.—A nursing facility that is amended by adding at the end the fol- obtains information about a nursing facility lowing: Be it enacted by the Senate and House of Rep- worker pursuant to clauses (iii) and (iv) of ‘‘(8) SCREENING OF SKILLED NURSING FACIL- resentatives of the United States of America in subparagraph (A) may use such information ITY WORKERS.— Congress assembled, only for the purpose of determining the suit- ‘‘(A) BACKGROUND CHECKS ON APPLICANTS.— SECTION 1. SHORT TITLE. ability of the worker for employment. Subject to subparagraph (B)(ii), before hiring This Act may be cited as the ‘‘Patient ‘‘(ii) IMMUNITY FROM LIABILITY.—A nursing a skilled nursing facility worker, a skilled Abuse Prevention Act’’. facility that, in denying employment for an nursing facility shall— SEC. 2. ESTABLISHMENT OF PROGRAM TO PRE- applicant (including during the period de- ‘‘(i) give the worker written notice that VENT ABUSE OF NURSING FACILITY scribed in subparagraph (B)(ii)), reasonably the facility is required to perform back- RESIDENTS. relies upon information about such applicant ground checks with respect to applicants; (a) NURSING FACILITY AND SKILLED NURSING provided by the State pursuant to subsection ‘‘(ii) require, as a condition of employ- FACILITY REQUIREMENTS.— (e)(8) or section 1128E shall not be liable in ment, that such worker— (1) MEDICAID PROGRAM.—Section 1919(b) of any action brought by such applicant based ‘‘(I) provide a written statement disclosing the Social Security Act (42 U.S.C. 1396r(b)) is on the employment determination resulting any conviction for a relevant crime or find- amended by adding at the end the following from the information. ing of patient or resident abuse; new paragraph: ‘‘(iii) CRIMINAL PENALTY.—Whoever know- ‘‘(II) provide a statement signed by the ‘‘(8) SCREENING OF NURSING FACILITY WORK- ingly violates the provisions of clause (i) worker authorizing the facility to request ERS.— shall be fined in accordance with title 18, the search and exchange of criminal records; ‘‘(A) BACKGROUND CHECKS ON APPLICANTS.— United States Code, imprisoned for not more ‘‘(III) provide in person a copy of the work- Subject to subparagraph (B)(ii), before hiring than 2 years, or both. er’s fingerprints or thumb print, depending a nursing facility worker, a nursing facility ‘‘(E) CIVIL PENALTY.— upon available technology; and shall— ‘‘(i) IN GENERAL.—A nursing facility that ‘‘(IV) provide any other identification in- ‘‘(i) give the worker written notice that violates the provisions of this paragraph formation the Secretary may specify in reg- the facility is required to perform back- shall be subject to a civil penalty in an ulation; ground checks with respect to applicants; amount not to exceed— ‘‘(iii) initiate a check of the data collec- ‘‘(ii) require, as a condition of employ- ‘‘(I) for the first such violation, $2,000; and tion system established under section 1128E ment, that such worker— ‘‘(II) for the second and each subsequent in accordance with regulations promulgated ‘‘(I) provide a written statement disclosing violation within any 5-year period, $5,000. by the Secretary to determine whether such any conviction for a relevant crime or find- ‘‘(ii) KNOWING RETENTION OF WORKER.—In system contains any disqualifying informa- ing of patient or resident abuse; addition to any civil penalty under clause tion with respect to such worker; and ‘‘(II) provide a statement signed by the (i), a nursing facility that— ‘‘(iv) if that system does not contain any worker authorizing the facility to request ‘‘(I) knowingly continues to employ a nurs- such disqualifying information— the search and exchange of criminal records; ing facility worker in violation of subpara- ‘‘(I) request that the State initiate a State ‘‘(III) provide in person a copy of the work- graph (A) or (B); or and national criminal background check on er’s fingerprints or thumb print, depending ‘‘(II) knowingly fails to report a nursing fa- such worker in accordance with the provi- upon available technology; and cility worker under subparagraph (C), sions of subsection (e)(6); and ‘‘(IV) provide any other identification in- shall be subject to a civil penalty in an ‘‘(II) furnish to the State the information formation the Secretary may specify in reg- amount not to exceed $5,000 for the first such described in subclauses (II) through (IV) of ulation; violation, and $10,000 for the second and each clause (ii) not more than 7 days (excluding ‘‘(iii) initiate a check of the data collec- subsequent violation within any 5-year pe- Saturdays, Sundays, and legal public holi- tion system established under section 1128E riod. days under section 6103(a) of title 5, United in accordance with regulations promulgated ‘‘(F) DEFINITIONS.—In this paragraph: States Code) after completion of the check by the Secretary to determine whether such ‘‘(i) CONVICTION FOR A RELEVANT CRIME.— against the system initiated under clause system contains any disqualifying informa- The term ‘conviction for a relevant crime’ (iii). tion with respect to such worker; and means any Federal or State criminal convic- ‘‘(B) PROHIBITION ON HIRING OF ABUSIVE ‘‘(iv) if that system does not contain any tion for— WORKERS.— such disqualifying information— ‘‘(I) any offense described in paragraphs (1) ‘‘(i) IN GENERAL.—A skilled nursing facility ‘‘(I) request that the State initiate a State through (4) of section 1128(a); and may not knowingly employ any skilled nurs- and national criminal background check on ‘‘(II) such other types of offenses as the ing facility worker who has any conviction such worker in accordance with the provi- Secretary may specify in regulations, taking for a relevant crime or with respect to whom sions of subsection (e)(8); and into account the severity and relevance of a finding of patient or resident abuse has ‘‘(II) furnish to the State the information such offenses, and after consultation with been made. described in subclauses (II) through (IV) of representatives of long-term care providers, ‘‘(ii) PROVISIONAL EMPLOYMENT.—After clause (ii) not more than 7 days (excluding representatives of long-term care employees, complying with the requirements of clauses Saturdays, Sundays, and legal public holi- consumer advocates, and appropriate Fed- (i), (ii), and (iii) of subparagraph (A), a days under section 6103(a) of title 5, United eral and State officials. skilled nursing facility may provide for a States Code) after completion of the check ‘‘(ii) DISQUALIFYING INFORMATION.—The provisional period of employment for a against the system initiated under clause term ‘disqualifying information’ means in- skilled nursing facility worker pending com- (iii). formation about a conviction for a relevant pletion of the check against the data collec- ‘‘(B) PROHIBITION ON HIRING OF ABUSIVE crime or a finding of patient or resident tion system described under subparagraph WORKERS.— abuse. (A)(iii) and the background check described ‘‘(i) IN GENERAL.—A nursing facility may ‘‘(iii) FINDING OF PATIENT OR RESIDENT under subparagraph (A)(iv). Such facility not knowingly employ any nursing facility ABUSE.—The term ‘finding of patient or resi- shall maintain direct supervision of the cov- worker who has any conviction for a rel- dent abuse’ means any substantiated finding ered individual during the worker’s provi- evant crime or with respect to whom a find- by a State agency under subsection (g)(1)(C) sional period of employment. ing of patient or resident abuse has been or a Federal agency that a nursing facility ‘‘(C) REPORTING REQUIREMENTS.—A skilled made. worker has committed— nursing facility shall report to the State any ‘‘(ii) PROVISIONAL EMPLOYMENT.—After ‘‘(I) an act of patient or resident abuse or instance in which the facility determines complying with the requirements of clauses neglect or a misappropriation of patient or that a skilled nursing facility worker has (i), (ii), and (iii) of subparagraph (A), a nurs- resident property; or committed an act of resident neglect or ing facility may provide for a provisional pe- ‘‘(II) such other types of acts as the Sec- abuse or misappropriation of resident prop- riod of employment for a nursing facility retary may specify in regulations. erty in the course of employment by the fa- worker pending completion of the check ‘‘(iv) NURSING FACILITY WORKER.—The term cility. against the data collection system described ‘nursing facility worker’ means any indi- ‘‘(D) USE OF INFORMATION.— under subparagraph (A)(iii) and the back- vidual (other than any volunteer) that has ‘‘(i) IN GENERAL.—A skilled nursing facility ground check described under subparagraph direct access to a patient of a nursing facil- that obtains information about a skilled (A)(iv). Such facility shall maintain direct ity under an employment or other contract, nursing facility worker pursuant to clauses

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6335 (iii) and (iv) of subparagraph (A) may use Improvement and Protection Act of 2000 (114 pursuant to subparagraph (B), the State such information only for the purpose of de- Stat. 2763A–585), as enacted into law by sec- shall— termining the suitability of the worker for tion 1(a)(6) of Public Law 106–554, sections ‘‘(i) review the information to determine employment. 1819(b) and 1919(b) of the Social Security Act whether the individual has any conviction ‘‘(ii) IMMUNITY FROM LIABILITY.—A skilled (42 U.S.C. 1395i–3(b), 1396r(b)), as amended by for a relevant crime (as defined in subsection nursing facility that, in denying employ- such section 941 (as so enacted into law) are (b)(8)(F)(i)); ment for an applicant (including during the each amended by redesignating the para- ‘‘(ii) report to the nursing facility the re- period described in subparagraph (B)(ii)), graph (8) added by such section as paragraph sults of such review; and reasonably relies upon information about (9). ‘‘(iii) in the case of an individual with a such applicant provided by the State pursu- (b) STATE REQUIREMENTS.— conviction for a relevant crime, report the ant to subsection (e)(6) or section 1128E shall (1) MEDICAID PROGRAM.— existence of such conviction of such indi- not be liable in any action brought by such (A) EXPANSION OF STATE REGISTRY TO COL- vidual to the database established under sec- applicant based on the employment deter- LECT INFORMATION ABOUT NURSING FACILITY tion 1128E. mination resulting from the information. EMPLOYEES OTHER THAN NURSE AIDES.—Sec- ‘‘(D) FEES FOR PERFORMANCE OF CRIMINAL ‘‘(iii) CRIMINAL PENALTY.—Whoever know- tion 1919 of the Social Security Act (42 BACKGROUND CHECKS.— ingly violates the provisions of clause (i) U.S.C. 1396r) is amended— ‘‘(i) AUTHORITY TO CHARGE FEES.— shall be fined in accordance with title 18, (i) in subsection (e)(2)— ‘‘(I) ATTORNEY GENERAL.—The Attorney United States Code, imprisoned for not more (I) in the paragraph heading, by striking General may charge a fee to any State re- than 2 years, or both. ‘‘NURSE AIDE REGISTRY’’ and inserting questing a search and exchange of records ‘‘(E) CIVIL PENALTY.— ‘‘NURSING FACILITY EMPLOYEE REGISTRY’’; pursuant to this paragraph and subsection ‘‘(i) IN GENERAL.—A skilled nursing facility (II) in subparagraph (A)— (b)(8) for conducting the search and pro- that violates the provisions of this para- (aa) by striking ‘‘By not later than Janu- viding the records. The amount of such fee graph shall be subject to a civil penalty in an ary 1, 1989, the’’ and inserting ‘‘The’’; shall not exceed the lesser of the actual cost amount not to exceed— (bb) by striking ‘‘a registry of all individ- of such activities or $50. Such fees shall be ‘‘(I) for the first such violation, $2,000; and available to the Attorney General, or, in the ‘‘(II) for the second and each subsequent uals’’ and inserting ‘‘a registry of (I) all indi- violation within any 5-year period, $5,000. viduals’’; and Attorney General’s discretion, to the Federal (cc) by inserting before the period ‘‘, and Bureau of Investigation, until expended. ‘‘(ii) KNOWING RETENTION OF WORKER.—In addition to any civil penalty under clause (II) all other nursing facility employees with ‘‘(II) STATE.—A State may charge a nurs- (i), a skilled nursing facility that— respect to whom the State has made a finding facility a fee for initiating the criminal ‘‘(I) knowingly continues to employ a ing described in subparagraph (B)’’; background check under this paragraph and skilled nursing facility worker in violation (III) in subparagraph (B), by striking ‘‘in- subsection (b)(8), including fees charged by of subparagraph (A) or (B); or volving an individual listed in the registry’’ the Attorney General, and for performing ‘‘(II) knowingly fails to report a skilled and inserting ‘‘involving a nursing facility the review and report required by subpara- nursing facility worker under subparagraph employee’’; and graph (C). The amount of such fee shall not (C), (IV) in subparagraph (C), by striking exceed the actual cost of such activities. shall be subject to a civil penalty in an ‘‘nurse aide’’ and inserting ‘‘nursing facility ‘‘(ii) PROHIBITION ON CHARGING APPLICANTS amount not to exceed $5,000 for the first such employee or applicant for employment’’; and OR EMPLOYEES.—An entity may not impose violation, and $10,000 for the second and each (ii) in subsection (g)(1)— on an applicant for employment or an em- subsequent violation within any 5-year pe- (I) in subparagraph (C)— ployee any charges relating to the perform- riod. (aa) in the first sentence, by striking ance of a background check under this para- ‘‘(F) DEFINITIONS.—In this paragraph: ‘‘nurse aide’’ and inserting ‘‘nursing facility graph. ‘‘(i) CONVICTION FOR A RELEVANT CRIME.— employee’’; and ‘‘(E) REGULATIONS.— The term ‘conviction for a relevant crime’ (bb) in the third sentence, by striking ‘‘(i) IN GENERAL.—In addition to the Sec- means any Federal or State criminal convic- ‘‘nurse aide’’ each place it appears and in- retary’s authority to promulgate regulations tion for— serting ‘‘nursing facility employee’’; and under this title, the Attorney General, in ‘‘(I) any offense described in paragraphs (1) (II) in subparagraph (D)— consultation with the Secretary, may pro- through (4) of section 1128(a); and (aa) in the subparagraph heading, by strik- mulgate such regulations as are necessary to ‘‘(II) such other types of offenses as the ing ‘‘NURSE AIDE REGISTRY’’ and inserting carry out the Attorney General’s responsibil- Secretary may specify in regulations, taking ‘‘NURSING FACILITY EMPLOYEE REGISTRY’’; and ities under this paragraph and subsection into account the severity and relevance of (bb) by striking ‘‘nurse aide’’ each place it (b)(8), including regulations regarding the se- such offenses, and after consultation with appears and inserting ‘‘nursing facility em- curity, confidentiality, accuracy, use, de- representatives of long-term care providers, ployee’’. struction, and dissemination of information, representatives of long-term care employees, (B) FEDERAL AND STATE REQUIREMENT TO audits and recordkeeping, and the imposition consumer advocates, and appropriate Fed- CONDUCT BACKGROUND CHECKS.—Section of fees. eral and State officials. 1919(e) of the Social Security Act (42 U.S.C. ‘‘(ii) APPEAL PROCEDURES.—The Attorney ‘‘(ii) DISQUALIFYING INFORMATION.—The 1396r(e)) is amended by adding at the end the General, in consultation with the Secretary, term ‘disqualifying information’ means in- following: shall promulgate such regulations as are formation about a conviction for a relevant ‘‘(8) FEDERAL AND STATE REQUIREMENTS necessary to establish procedures by which crime or a finding of patient or resident CONCERNING CRIMINAL BACKGROUND CHECKS ON an applicant or employee may appeal or dis- abuse. NURSING FACILITY EMPLOYEES.— pute the accuracy of the information ob- ‘‘(iii) FINDING OF PATIENT OR RESIDENT ‘‘(A) IN GENERAL.—Upon receipt of a retained in a background check conducted ABUSE.—The term ‘finding of patient or resi- quest by a nursing facility pursuant to sub- under this paragraph. Appeals shall be lim- dent abuse’ means any substantiated finding section (b)(8) that is accompanied by the in- ited to instances in which an applicant or by a State agency under subsection (g)(1)(C) formation described in subclauses (II) employee is incorrectly identified as the sub- or a Federal agency that a skilled nursing fa- through (IV) of subsection (b)(8)(A)(ii), a ject of the background check, or when infor- cility worker has committed— State, after checking appropriate State mation about the applicant or employee has ‘‘(I) an act of patient or resident abuse or records and finding no disqualifying informa- not been updated to reflect changes in the neglect or a misappropriation of patient or tion (as defined in subsection (b)(8)(F)(ii)), applicant’s or employee’s criminal record. resident property; or shall submit such request and information to ‘‘(F) REPORT.—Not later than 2 years after ‘‘(II) such other types of acts as the Sec- the Attorney General and shall request the the date of enactment of this paragraph, the retary may specify in regulations. Attorney General to conduct a search and Attorney General shall submit a report to ‘‘(iv) SKILLED NURSING FACILITY WORKER.— exchange of records with respect to the indi- Congress on— The term ‘skilled nursing facility worker’ vidual as described in subparagraph (B). ‘‘(i) the number of requests for searches means any individual (other than any volun- ‘‘(B) SEARCH AND EXCHANGE OF RECORDS BY and exchanges of records made under this teer) that has direct access to a patient of a ATTORNEY GENERAL.—Upon receipt of a subsection; skilled nursing facility under an employ- mission pursuant to subparagraph (A), the ‘‘(ii) the disposition of such requests; and ment or other contract, or both, with such Attorney General shall direct a search of the ‘‘(iii) the cost of responding to such re- facility. Such term includes individuals who records of the Federal Bureau of Investiga- quests.’’. are licensed or certified by the State to pro- tion for any criminal history records cor- (2) MEDICARE PROGRAM.— vide such services, and nonlicensed individ- responding to the fingerprints and other (A) EXPANSION OF STATE REGISTRY TO COL- uals providing such services, as defined by positive identification information sub- LECT INFORMATION ABOUT SKILLED NURSING the Secretary, including nurse assistants, mitted. The Attorney General shall provide FACILITY EMPLOYEES OTHER THAN NURSE nurse aides, home health aides, and personal any corresponding information resulting AIDES.—Section 1819 of the Social Security care workers and attendants.’’. from the search to the State. Act (42 U.S.C. 1395i–3) is amended— (3) TECHNICAL AMENDMENTS.—Effective as ‘‘(C) STATE REPORTING OF INFORMATION TO (i) in subsection (e)(2)— if included in the enactment of section 941 of NURSING FACILITY.—Upon receipt of the infor- (I) in the paragraph heading, by striking the Medicare, Medicaid, and SCHIP Benefits mation provided by the Attorney General ‘‘NURSE AIDE REGISTRY’’ and inserting

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6336 CONGRESSIONAL RECORD — SENATE June 14, 2001

‘‘SKILLED NURSING CARE EMPLOYEE REG- ‘‘(I) ATTORNEY GENERAL.—The Attorney ‘‘APPLICATION OF SKILLED NURSING FACILITY ISTRY’’; General may charge a fee to any State re- PREVENTIVE ABUSE PROVISIONS TO ANY PRO- (II) in subparagraph (A)— questing a search and exchange of records VIDER OF SERVICES OR OTHER ENTITY PRO- (aa) by striking ‘‘By not later than Janu- pursuant to this paragraph and subsection VIDING HOME HEALTH OR LONG-TERM CARE ary 1, 1989, the’’ and inserting ‘‘The’’; (b)(8) for conducting the search and pro- SERVICES (bb) by striking ‘‘a registry of all individ- viding the records. The amount of such fee ‘‘SEC. 1897. The requirements of sub- uals’’ and inserting ‘‘a registry of (I) all indi- shall not exceed the lesser of the actual cost sections (b)(8) and (e)(6) of section 1819 shall viduals’’; and of such activities or $50. Such fees shall be apply to any provider of services or any (cc) by inserting before the period ‘‘, and available to the Attorney General, or, in the other entity that is eligible to be paid under (II) all other skilled nursing facility employ- Attorney General’s discretion, to the Federal this title for providing home health services ees with respect to whom the State has made Bureau of Investigation until expended. or long-term care services to an individual a finding described in subparagraph (B)’’; ‘‘(II) STATE.—A State may charge a skilled entitled to benefits under part A or enrolled (III) in subparagraph (B), by striking ‘‘in- nursing facility a fee for initiating the under part B (including an individual pro- volving an individual listed in the registry’’ criminal background check under this para- vided with a Medicare+Choice plan offered and inserting ‘‘involving a skilled nursing fa- graph and subsection (b)(8), including fees by a Medicare+Choice organization under cility employee’’; and charged by the Attorney General, and for part C).’’. (d) REIMBURSEMENT OF REASONABLE COSTS (IV) in subparagraph (C), by striking performing the review and report required by FOR BACKGROUND CHECKS.—The Secretary of ‘‘nurse aide’’ and inserting ‘‘skilled nursing subparagraph (C). The amount of such fee facility employee or applicant for employ- Health and Human Services shall factor into shall not exceed the actual cost of such ac- ment’’; and any payment system under titles XVIII and tivities. (ii) in subsection (g)(1)— XIX of the Social Security Act the reason- ‘‘(ii) PROHIBITION ON CHARGING APPLICANTS (I) in subparagraph (C)— able costs of the requirements of sections OR EMPLOYEES.—An entity may not impose (aa) in the first sentence, by striking 1819(b)(8) and 1919(b)(8) of such Act, as added ‘‘nurse aide’’ and inserting ‘‘skilled nursing on an applicant for employment or an em- by this section, incurred by any entity sub- facility employee’’; and ployee any charges relating to the perform- ject to such requirements. (bb) in the third sentence, by striking ance of a background check under this para- SEC. 3. INCLUSION OF ABUSIVE WORKERS IN THE ‘‘nurse aide’’ each place it appears and in- graph. DATABASE ESTABLISHED AS PART serting ‘‘skilled nursing facility employee’’; ‘‘(E) REGULATIONS.— OF NATIONAL HEALTH CARE FRAUD AND ABUSE DATA COLLECTION PRO- and ‘‘(i) IN GENERAL.—In addition to the Sec- retary’s authority to promulgate regulations GRAM. (II) in subparagraph (D)— (a) INCLUSION OF ABUSIVE ACTS WITHIN A under this title, the Attorney General, in (aa) in the subparagraph heading, by strik- LONG-TERM CARE FACILITY OR PROVIDER.— consultation with the Secretary, may pro- ing ‘‘NURSE AIDE REGISTRY’’ and inserting Section 1128E(g)(1)(A) of the Social Security mulgate such regulations as are necessary to ‘‘NURSING FACILITY EMPLOYEE REGISTRY’’; and Act (42 U.S.C. 1320a–7e(g)(1)(A)) is amended— (bb) by striking ‘‘nurse aide’’ each place it carry out the Attorney General’s responsibil- (1) by redesignating clause (v) as clause appears and inserting ‘‘nursing facility em- ities under this paragraph and subsection (vi); and ployee’’. (b)(9), including regulations regarding the se- (2) by inserting after clause (iv), the fol- (B) FEDERAL AND STATE REQUIREMENT TO curity confidentiality, accuracy, use, de- lowing: CONDUCT BACKGROUND CHECKS.—Section struction, and dissemination of information, ‘‘(v) A finding of abuse or neglect of a pa- 1819(e) of the Social Security Act (42 U.S.C. audits and recordkeeping, and the imposition tient or a resident of a long-term care facil- 1395i–3(e)) is amended by adding at the end of fees. ity, or misappropriation of such a patient’s the following: ‘‘(ii) APPEAL PROCEDURES.—The Attorney or resident’s property.’’. ‘‘(6) FEDERAL AND STATE REQUIREMENTS General, in consultation with the Secretary, (b) COVERAGE OF LONG-TERM CARE FACILITY CONCERNING CRIMINAL BACKGROUND CHECKS ON shall promulgate such regulations as are OR PROVIDER EMPLOYEES.—Section SKILLED NURSING FACILITY EMPLOYEES.— necessary to establish procedures by which 1128E(g)(2) of the Social Security Act (42 ‘‘(A) IN GENERAL.—Upon receipt of a re- an applicant or employee may appeal or dis- U.S.C. 1320a–7e(g)(2)) is amended by inserting quest by a skilled nursing facility pursuant pute the accuracy of the information ob- ‘‘, and includes any individual of a long-term to subsection (b)(8) that is accompanied by tained in a background check conducted care facility or provider (other than any vol- the information described in subclauses (II) under this paragraph. Appeals shall be lim- unteer) that has direct access to a patient or through (IV) of subsection (b)(8)(A)(ii), a ited to instances in which an applicant or resident of such a facility under an employ- State, after checking appropriate State employee is incorrectly identified as the sub- ment or other contract, or both, with the fa- records and finding no disqualifying informa- cility or provider (including individuals who tion (as defined in subsection (b)(8)(F)(ii)), ject of the background check, or when information about the applicant or employee has are licensed or certified by the State to pro- shall submit such request and information to vide services at the facility or through the the Attorney General and shall request the not been updated to reflect changes in the applicant’s or employee’s criminal record. provider, and nonlicensed individuals, as de- Attorney General to conduct a search and fined by the Secretary, providing services at ‘‘(F) REPORT.—Not later than 2 years after exchange of records with respect to the indi- the facility or through the provider, includ- the date of enactment of this paragraph, the vidual as described in subparagraph (B). ing nurse assistants, nurse aides, home Attorney General shall submit a report to ‘‘(B) SEARCH AND EXCHANGE OF RECORDS BY health aides, and personal care workers and Congress on— ATTORNEY GENERAL.—Upon receipt of a sub- attendants)’’ before the period. mission pursuant to subparagraph (A), the ‘‘(i) the number of requests for searches (c) REPORTING BY LONG-TERM CARE FACILI- Attorney General shall direct a search of the and exchanges of records made under this TIES OR PROVIDERS.— records of the Federal Bureau of Investiga- section; (1) IN GENERAL.—Section 1128E(b)(1) of the tion for any criminal history records cor- ‘‘(ii) the disposition of such requests; and Social Security Act (42 U.S.C. 1320a–7e(b)(1)) responding to the fingerprints and other ‘‘(iii) the cost of responding to such re- is amended by striking ‘‘and health plan’’ positive identification information sub- quests.’’. and inserting ‘‘, health plan, and long-term mitted. The Attorney General shall provide (c) APPLICATION TO OTHER ENTITIES PRO- care facility or provider’’. any corresponding information resulting VIDING HOME HEALTH OR LONG-TERM CARE (2) CORRECTION OF INFORMATION.—Section from the search to the State. 1128E(c)(2) of the Social Security Act (42 SERVICES.— ‘‘(C) STATE REPORTING OF INFORMATION TO U.S.C. 1320a–7e(c)(2)) is amended by striking (1) MEDICAID.—Section 1902(a) of the Social SKILLED NURSING FACILITY.—Upon receipt of Security Act (42 U.S.C. 1396a) is amended— ‘‘and health plan’’ and inserting ‘‘, health the information provided by the Attorney plan, and long-term care facility or pro- (A) in paragraph (65), by striking the pe- General pursuant to subparagraph (B), the vider’’. riod and inserting ‘‘; and’’; and State shall— (d) ACCESS TO REPORTED INFORMATION.— ‘‘(i) review the information to determine (B) by inserting after paragraph (65) the Section 1128E(d)(1) of the Social Security whether the individual has any conviction following: Act (42 U.S.C. 1320a–7e(d)(1)) is amended by for a relevant crime (as defined in subsection ‘‘(66) provide that any entity that is eligi- striking ‘‘and health plans’’ and inserting ‘‘, (b)(8)(F)(i)); ble to be paid under the State plan for pro- health plans, and long-term care facilities or ‘‘(ii) report to the skilled nursing facility viding home health services or long-term providers’’. the results of such review; and care services for which medical assistance is (e) MANDATORY CHECK OF DATABASE BY ‘‘(iii) in the case of an individual with a available under the State plan to individuals LONG-TERM CARE FACILITIES OR PROVIDERS.— conviction for a relevant crime, report the requiring long-term care complies with the Section 1128E(d) of the Social Security Act existence of such conviction of such indi- requirements of subsections (b)(8) and (e)(8) (42 U.S.C. 1320a–7e(d)) is amended by adding vidual to the database established under sec- of section 1919.’’. at the end the following: tion 1128E. (2) MEDICARE.—Part D of title XVIII of the ‘‘(3) MANDATORY CHECK OF DATABASE BY ‘‘(D) FEES FOR PERFORMANCE OF CRIMINAL Social Security Act (42 U.S.C. 1395x et seq.) LONG-TERM CARE FACILITIES OR PROVIDERS.—A BACKGROUND CHECKS.— is amended by adding at the end the fol- long-term care facility or provider shall ‘‘(i) AUTHORITY TO CHARGE FEES.— lowing: check the database maintained under this

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6337 section prior to hiring under an employment (2) by any home health agency, on or after accounts. In some cases, identity theft or other contract, or both, any individual as the date which is 12 months after such date has also resulted in stalking and mur- an employee of such a facility or provider of enactment, and der. who will have direct access to a patient or (3) by any hospice facility, any inter- resident of the facility or provider (including mediate care facility for the mentally re- Recent statistics on the growth of individuals who are licensed or certified by tarded (as defined in section 1905(d) of the identity theft suggest we have no time the State to provide services at the facility Social Security Act), or any other facility to waste in protecting personal pri- or through the provider, and nonlicensed in- that provides long-term care services and re- vacy. dividuals, as defined by the Secretary, that ceives payment for such services under the The Federal Bureau of Investigation will provide services at the facility or medicare program under title XVIII of such estimates 350,000 cases of identity theft through the provider, including nurse assist- Act or the medicaid program under title XIX occur each year. That’s one case every ants, nurse aides, home health aides, and of such Act, on or after the date which is 18 two minutes. personal care workers and attendants).’’. months after such date of enactment. (f) DEFINITION OF LONG-TERM CARE FACIL- Not surprisingly, members of the ITY OR PROVIDER.—Section 1128E(g) of the So- By Mrs. FEINSTEIN: public have flooded our Federal agen- cial Security Act (42 U.S.C. 1320a–7e(g)) is S. 1055. A bill to require the consent cies with pleas for assistance. Reports amended by adding at the end the following: of an individual prior to the sale and to the Social Security Administration ‘‘(6) LONG-TERM CARE FACILITY OR PRO- marketing of such individual’s person- of Social Security number misuse have VIDER.—The term ‘long-term care facility or ally identifiable information, and for increased from 7,868 in 1997 to 46,839 in provider’ means a skilled nursing facility (as 2000, an astonishing increase of over 500 defined in section 1819(a)), a nursing facility other purposes; to the Committee on (as defined in section 1919(a)), a home health the Judiciary. percent. agency, a hospice facility, an intermediate Mrs. FEINSTEIN. Mr. President, I The Federal Trade Commission, FTC, care facility for the mentally retarded (as am pleased today to introduce the Pri- has experienced a similar explosion of defined in section 1905(d)), or any other facil- vacy Act of 2001. cases. If recent trends continue, re- ity that provides, or provider of, long-term This legislation combats the growing ports of identity theft to the Federal care services or home health services and re- scourge of identity theft and other pri- Trade Commission will double between ceives payment for such services under the vacy abuses by setting a national 2000 and 2001, to over 60,000 cases. medicare program under title XVIII or the medicaid program under title XIX.’’. standard for privacy protection. Fully 40 percent of all consumer (g) AUTHORIZATION OF APPROPRIATIONS.— The bill has a simple goal. It is de- fraud complaints received by the FTC There is authorized to be appropriated to signed to give back to ordinary citizens in the first three months of 2001 in- carry out the amendments made by this sec- control over their personal informa- volved identity theft. tion, $10,200,000 for fiscal year 2002. tion. Unfortunately, the State most af- SEC. 4. PREVENTION AND TRAINING DEM- Under the Privacy Act of 2001, if a fected by these complaints is Cali- ONSTRATION PROJECT. company intends to collect and sell a fornia. Fully 17 percent of the identity (a) ESTABLISHMENT.—The Secretary of customer’s address, phone number, or Health and Human Services shall establish a theft complaints the FTC received this demonstration program to provide grants to other non-sensitive information, the past winter came from my home state. develop information on best practices in pa- company must give the customer no- Let me give some real-world exam- tient abuse prevention training (including tice and an opportunity to opt-out of ples of privacy abuses: behavior training and interventions) for the sale if they so choose. Social Security Number Privacy: managers and staff of hospital and health For especially sensitive personal in- care facilities. Amy Boyer, a 20-year-old dental assist- formation such as financial, health, ant from Maine was killed in 1999 by a (b) ELIGIBILITY.—To be eligible to receive a driver’s licenses, and Social Security grant under subsection (a), an entity shall be stalker who bought her Social Security a public or private nonprofit entity and pre- Numbers, the legislation establishes number off the Internet for $45, and pare and submit to the Secretary of Health more stringent privacy protections. then used it to locate her work address. Specifically, the bill requires an indi- and Human Services an application at such Identity Theft No. 1: Michelle Brown time, in such manner, and containing such vidual’s opt-in prior to the sale, licens- of Los Angeles, California, had her So- information as the Secretary may require. ing, or renting of their personal financial Security number stolen in 1999, (c) USE OF FUNDS.—Amounts received cial or health information. and it was used to charge $50,000 in- under a grant under this section shall be In other words, opt-in means that a used to— cluding a $32,000 truck, a $5,000 person must give their explicit and af- (1) examine ways to improve collaboration liposuction operation, and a year-long firmative consent before an entity can between State health care survey and pro- residential lease. use this type of personal information. vider certification agencies, long-term care While assuming the victim’s name, ombudsman programs, the long-term care in- The bill would also close loopholes in the perpetrator also became the object dustry, and local community members; the Driver’s Privacy Protection Act, (2) examine patient care issues relating to most recently amended last year, so of an arrest warrant for drug smug- regulatory oversight, community involve- that a State Department of Motor Ve- gling in Texas. ment, and facility staffing and management hicles can no longer disclose the most Identity Theft No. 2: An identity with a focus on staff training, staff stress sensitive information on a driver’s li- theft ring in Riverside County alleg- management, and staff supervision; edly bilked eight victims of $700,000. (3) examine the use of patient abuse pre- cense, such as the driver’s identification number or physical characteris- The thieves stole personal information vention training programs by long-term care of employees at a large phone company entities, including the training program de- tics, without the driver’s opt-in. veloped by the National Association of At- Finally, the bill would restrict the and drained their on-line stock ac- torneys General, and the extent to which purchase, sale, and display of Social counts. such programs are used; and Security numbers to the general pub- One employee reportedly had $285,000 (4) identify and disseminate best practices lic. taken from his account when someone for preventing and reducing patient abuse. Why do we need a Federal privacy was able to access his account by sup- (d) AUTHORIZATION OF APPROPRIATIONS.— law? plying the employee’s name and Social There is authorized to be appropriated such Security number. sums as may be necessary to carry out this The new economy has exponentially section. increased the flow of personal informa- Financial Privacy: In a September 14, SEC. 5. EFFECTIVE DATE. tion, but the protections for individual 1999 editorial, the Los Angeles Times The provisions of and amendments made privacy have not kept pace. described how a small San Fernando by the Act shall apply, without regard to With access to sensitive data so wide- Valley bank, ‘‘sold 3.7 million credit whether implementing regulations are in ef- ly available, often just at the touch of card numbers to a felon, who then fect, to any individual applying for employ- a keyboard, identity theft has become bilked cardholders out of millions of ment or hired for such employment— one of the country’s fastest growing dollars.’’ According to the article, the (1) by any skilled nursing facility (as de- bank was not held liable for this ac- fined in section 1819(a) of the Social Security crimes. Act) or any nursing facility (as defined in Identity theft is when a thief steals tion. section 1919(a) of such Act), on or after the your personal information and then It is also astonishing what some data date which is 6 months after the date of en- uses it to run up huge bills on your marketers are now providing to their actment of this Act, credit cards, bank accounts or other customers.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6338 CONGRESSIONAL RECORD — SENATE June 14, 2001 According to the Los Angeles Times, The sponsor of the raffle, unbe- tion is used. In the absence of a cus- some marketing companies have start- knownst to Ms. Levine, sold the per- tomer’s express permission, company’s ed selling lists of as many as 120 mil- sonal information on her raffle ticket. should not market or sell sensitive per- lion households which include names, In the next two weeks, she received sonal data. addresses, and phone numbers, esti- calls from a host of jeep dealers in the To create this opt-in standard, this mated income, marital status, buying area. legislation builds upon the existing lat- habits and hobbies. While some may consider unsolicited tice-work of Federal privacy laws. Similarly, a medical information marketing calls a mere annoyance, Ms. For example, the bill modifies the re- service has made databases available Levine was outraged, as I’m sure many cently enacted Gramm-Leach-Bliley to its customers which contain the Americans would be, that the auto Financial Services Modernization Act phone number, gender and address of: dealer sold her personal information by requiring an opt-in for the sale of 3.3 million people with allergies, 3.0 without her permission. personal financial information. million people with heartburn, 850,000 Moreover, with the advent of digital Presently, under the Gramm-Leach- with yeast infections, 450,000 people scanners, digital photography, and Bliley Act, a bank must give a cus- with incontinence, and 368,000 people data processing, the distinctions be- tomer notice and the opportunity to who suffer clinical depression. tween on-line and off-line transactions opt-out before the bank can disclose As a result, we have seen privacy be- are already blurring. private financial information to non- come the top consumer protection With regard to the second principle, affiliated third parties. issue. the Privacy Act of 2001 recognizes that This legislation would impose a The bill I am introducing today, the not all categories of personal informa- stricter standard if the bank tries to Privacy Act of 2001, contains two bed- tion merit the same level of protection. sell the information. Any bank that rock principles. The bill requires businesses intending sells personal financial information to Privacy legislation should not dis- to collect and sell nonsensitive per- non-affiliated third parties would have criminate against any system of com- sonal information, eg. name, phone to get the prior consent of the cus- munication. number, address, to nonaffiliated third tomer, OPT-in. If personal information deserves pro- parties to give customers notice and Similarly, this bill strengthens the tection, it deserves protection however the opportunity to opt-out of the sale. privacy protections for personal health it is collected. It should not matter The opt-out standard for non-sen- data. whether personal data is collected in sitive information ensures that if a The newly enacted Department of person, over the phone, or on the Inter- person fills out a warranty card, sign- Health and Human Services privacy net. up for a computer service, or submit an regulations set a basic opt-in frame- Nevertheless, some privacy bills have entry for a sweepstakes, the business work for disclosure of health informa- exclusively targeted Internet trans- must notify him before it sells his per- tion. I recognize that the rules are actions. There is no justification for sonal information to other businesses being revised by the Bush administra- discriminating against high technology or marketers. tion, so any discussion of health pri- companies by imposing Internet-spe- This framework guarantees basic privacy must necessarily contemplate a cific privacy rules. vacy protections for consumers with- moving target. Companies operating on the Internet out unduly impacting commerce. Nevertheless, the current version of should not have any more duties to To eliminate unnecessary burdens on the regulation has loopholes that limit protect privacy than businesses ex- businesses, the legislation sets up a patient privacy. tracting information from warranty safe harbor for businesses which appro- The regulations only prohibit ‘‘cov- cards or mail catalogues. ered entities, namely health insurers, Not all personal information deserves priately use nonsensitive personal in- health providers, and health care clear- the same level of privacy protection. formation. Industries and industry- Some information like Social Secu- sponsored seal programs which have al- inghouses, from selling a patient’s rity numbers, motor vehicle records, ready adopted Notice-and-Opt Out in- health information without that pa- personal financial information, and formation policies will be exempt. tient’s prior consent, an Opt-in Model. medical information deserve higher The bill also sets a national standard Meanwhile, non-covered entities such levels of privacy protection. for the sale or marketing of nonsen- as business associates, health research- With regard to the first principle, the sitive personal information. ers, schools or universities, and life in- Privacy Act of 2001 protects the pri- Federal preemption is needed because surers are not subject to this opt-in re- vacy of information regardless of the a jumbled patchwork of State privacy quirement, except through contractual medium through which it is collected. laws helps neither businesses nor con- arrangements. Other privacy proposals have tried to sumers. Conflicting State laws lead to My bill would preserve the privacy of confine privacy legislation to the consumer confusion about privacy health information wherever the infor- Internet. rights. mation is sold. Any life insurer, school These proposals unfairly discrimi- For example, if one logs onto an or non-covered entity trying to sell nate against high technology users. Internet site, which State law governs: protected health information would Put simply, companies and other enti- the law of the State of the computer have to get the patient’s consent. ties can misuse personal information user, the law where the website is In addition, the bill would require en- from off-line sources just as easily as being operated, or the law of the State tities to obtain a patient’s approval be- with on-line sources. of the manufacturer of a product? fore using ‘‘protected health informa- Why should a company extracting Similarly, a patchwork of 50 State tion’’ for marketing purposes. data from a warranty card have any privacy laws, would pose a logistical This legislation builds on existing less of a duty to protect personal pri- nightmare for corporate America. law to protect the information on our vacy than a company collecting per- Without Federal preemption, busi- drivers’ licenses. sonal data on-line? nesses will face the unsavory choice of With its recent amendments, the For example, telemarketers who be- either adopting, for consistency’s sake, Driver’s Privacy Protection Act, siege consumers with phone calls dur- privacy guidelines that comply with DPPA, offers some meaningful protec- ing the dinner hour get much of their the strictest state privacy law, or deal- tions for drivers privacy. personal information used from con- ing with the costs and paperwork im- For example, under the DPPA, a sumers filling out and mailing back posed by 50 different state privacy State Department of Motor Vehicles warranty and registration cards. But laws. must obtain the prior consent, Opt-in these warranty cards give consumers For especially sensitive personal of the driver before ‘‘highly restricted no notice about how their personal in- data, like financial data, medical data, personal information, defined as the formation will be used. or a driver’s license, the bill pushes for driver’s photograph, image, Social Se- Consider the case of Anne Marie Le- an opt-in model of consent. curity number, medical or disability vine, a Virginia resident, who entered a I believe people should have control information, can be disclosed to a third raffle to win a new car. over how their most sensitive informa- party.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6339 However, loopholes remain. Other This legislation codifies steps Con- Sec. 302. Rules applicable to sale of nonsensitive information found on a driv- gress can take to protect citizens from public personal information. er’s license deserves equal protection. Sec. 303. Exceptions to sale prohibition. identity thieves and other predators of Sec. 304. Effective date. This legislation would expand the personal information. definition of ‘‘highly restricted per- TITLE IV—LIMITATIONS ON THE PROVI- It restores to individuals more con- SION OF PROTECTED HEALTH INFOR- sonal’’ to include a physical copy of a trol over their most sensitive personal MATION driver’s license, the driver identifica- information such as Social Security Sec. 401. Definitions. tion number, birth date, information numbers, driver’s license information, Sec. 402. Prohibition against selling pro- on the driver’s physical characteristics health information, and financial in- tected health information. and any biometric identifiers like a formation. Sec. 403. Authorization for sale of protected fingerprint that are found on the driv- The legislation sets reasonable guide- health information. er’s license. lines for businesses that handle our Sec. 404. Prohibition against retaliation. Thus, this bill would ensure con- Sec. 405. Prohibition against marketing pro- personal information every day, like tected health information. sumers have control over how their credit card companies, hospitals, and Sec. 406. Rule of construction. motor vehicle records and driver’s li- banks. Sec. 407. Regulations. cense data are used. Our Nation is rushing toward an in- Sec. 408. Enforcement. I would like to take a moment to formation economy that will yield un- TITLE V—DRIVER’S LICENSE PRIVACY highlight Title II of this legislation, precedented economic efficiencies. Sec. 501. Driver’s license privacy. which reflects a compromise with Sen- The commercial benefits of the new TITLE VI—MISCELLANEOUS ator GREGG on the privacy of Social Se- economy are unquestionable. But, in Sec. 601. Enforcement by State Attorneys curity numbers. our rush to embrace the new, we must General. It is so crucial to protect Social Se- remember to protect the core Demo- Sec. 602. Federal injunctive authority. curity Numbers because these are the cratic values on which our country de- TITLE I—COMMERCIAL SALE AND MAR- key to unlocking a person’s identity. pends. KETING OF PERSONALLY IDENTIFIABLE Many identity theft cases start with Every American has a fundamental INFORMATION the theft of a Social Security number. right to privacy, no matter how fast SEC. 101. COLLECTION AND DISTRIBUTION OF Once a thief has access to a victim’s our technology grows or changes. PERSONALLY IDENTIFIABLE INFOR- Social Security number, it is only a MATION. But our right to privacy only will re- (a) PROHIBITION.— short step to acquiring credit cards, main vital, if we take strong action to (1) IN GENERAL.—It is unlawful for a com- driver’s licenses, or other crucial iden- protect it. mercial entity to collect personally identifi- tification documents. I look forward to working with my able information and disclose such informa- The Feinstein/Gregg compromise colleagues to enact the Privacy Act of tion to any nonaffiliated third party for mar- bars the sale or display of Social Secu- 2001. keting purposes or sell such information to rity numbers to the public except in a I ask unanimous consent that the any nonaffiliated third party, unless the very narrow set of circumstances. text of the bill be printed in the commercial entity provides— Display or sale is permitted if the So- (A) notice to the individual to whom the RECORD. information relates in accordance with the cial Security Number holder gives con- There being no objection, the bill was sent or if there are compelling public requirements of subsection (b); and ordered to be printed in the RECORD, as (B) an opportunity for such individual to safety needs. follows: restrict the disclosure or sale of such infor- For the first time, Federal, State, S. 1055 mation. and local governments will have to re- Be it enacted by the Senate and House of Rep- (2) EXCEPTION.—A commercial entity may dact Social Security numbers on gov- resentatives of the United States of America in collect personally identifiable information ernment records before these records Congress assembled, and use such information to market to po- are provided to the public. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tential customers such entity’s product. (b) NOTICE.— Thus, enterprising identity thieves (a) SHORT TITLE.—This Act may be cited as (1) IN GENERAL.—A notice under subsection no longer can scour bankruptcy the ‘‘Privacy Act of 2001’’. (a) shall contain statements describing the records, liens, marriage certificates, or (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: following: other public documents to steal Social (A) The identity of the commercial entity Sec. 1. Short title; table of contents. Security Numbers. collecting the personally identifiable infor- Moreover, State governments will no TITLE I—COMMERCIAL SALE AND MAR- mation. longer be permitted to use the Social KETING OF PERSONALLY IDENTIFI- (B) The types of personally identifiable in- Security number as the default driver’s ABLE INFORMATION formation that are being collected on the in- license number. Sec. 101. Collection and distribution of per- dividual. The legislation, however, recognizes sonally identifiable informa- (C) How the commercial entity may use that some industries, like banks, rely tion. such information. Sec. 102. Enforcement. on Social Security Numbers to ex- (D) A description of the categories of po- Sec. 103. Safe harbor. tential recipients of such personally identifi- change information between databases Sec. 104. Definitions. able information. and complete identification Sec. 105. Preemption. (E) Whether the individual is required to verification necessary for certain Sec. 106. Effective Date. provide personally identifiable information transactions. TITLE II—LIMITATIONS ON USE OF in order to do business with the commercial It permits the sale or purchase of So- SOCIAL SECURITY NUMBERS entity. cial Security Numbers to facilitate Sec. 201. Findings. (F) How an individual may decline to have business-to-business transactions so Sec. 202. Prohibition of the display, sale, or such personally identifiable information long as businesses put appropriate safe- purchase of social security used or sold as described in subsection (a). guards in place and do not permit pub- numbers. (2) TIME OF NOTICE.—Notice shall be con- Sec. 203. No prohibition with respect to pub- veyed prior to the sale or use of the person- lic access to the number. lic records. ally identifiable information as described in Some critics of privacy legislation Sec. 204. Rulemaking authority of the At- subsection (a) in such a manner as to allow argue it will impede commerce. I dis- torney General. the individual a reasonable period of time to agree. A reasonable baseline of privacy Sec. 205. Treatment of social security num- consider the notice and limit such sale or laws will stimulate commerce. On the bers on government documents. use. Sec. 206. Limits on personal disclosure of a Internet, for example, fear of identity (3) MEDIUM OF NOTICE.—The medium for theft has impeded consumer trans- social security number for con- providing notice must be— sumer transactions. actions. (A) the same medium in which the person- Sec. 207. Extension of civil monetary pen- ally identifiable information is or will be One study of e-commerce estimates alties for misuse of a social se- consumer privacy fears prevented up to collected, or a medium approved by the indi- curity number. vidual; or $2.8 billion in online retail sales in 1999. TITLE III—LIMITATIONS ON SALE AND (B) in the case of oral communication, no- Another study suggests that, by 2002, SHARING OF NONPUBLIC PERSONAL FI- tice may be conveyed orally or in writing. over $18 billion of lost sales can be at- NANCIAL INFORMATION (4) FORM OF NOTICE.—The notice shall be tributed to consumer privacy concerns. Sec. 301. Definition of sale. clear and conspicuous.

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(c) OPT-OUT.— limit authority provided to the Commission (2) COMMISSION.—The term ‘‘Commission’’ (1) OPPORTUNITY TO OPT-OUT OF SALE OR under any other law. means the Federal Trade Commission. MARKETING.—The opportunity provided to (2) COMMUNICATIONS ACT.—Nothing in sec- (3) INDIVIDUAL.—The term ‘‘individual’’ limit the sale of personally identifiable in- tion 101 requires an operator of a website to means a person whose personally identifying formation to nonaffiliated third parties or take any action that is inconsistent with the information has been, is, or will be collected the disclosure of such information for mar- requirements of section 222 or 631 of the by a commercial entity. keting purposes, shall be easy to use, acces- Communications Act of 1934 (47 U.S.C. 222 (4) MARKETING.—The term ‘‘marketing’’ sible and available in the medium the infor- and 5551). means to make a communication about a mation is collected, or in a medium approved (3) OTHER ACTS.—Nothing in this title is in- product or service a purpose of which is to by the individual. tended to affect the applicability or the en- encourage recipients of the communication (2) DURATION OF LIMITATION.—An individ- forceability of any provision of, or any to purchase or use the product or service. ual’s limitation on the sale or marketing of amendment made by— (5) MEDIUM.—The term ‘‘medium’’ means personally identifiable information shall be (A) the Children’s Online Privacy Protec- any channel or system of communication in- considered permanent, unless otherwise spec- tion Act of 1998 (15 U.S.C. 6501 et seq.); cluding oral, written, and online commu- ified by the individual. (B) title V of the Gramm-Leach-Bliley Act; nication. (3) REVOCATION OF CONSENT.—After an indi- (C) the Health Insurance Portability and (6) NONAFFILIATED THIRD PARTY.—The term vidual grants consent to the use of that indi- Accountability Act of 1996; or ‘‘nonaffiliated third party’’ means any entity vidual’s personally identifiable information, (D) the Fair Credit Reporting Act. that is not related by common ownership or the individual may revoke the consent at (f) PUBLIC RECORDS.—Nothing in this title affiliated by corporate control with, the any time, except to the extent that the com- shall be construed to restrict commercial en- commercial entity, but does not include a mercial entity has taken action in reliance tities from obtaining or disclosing person- joint employee of such institution. thereon. The commercial entity shall pro- ally identifying information from public (7) PERSONALLY IDENTIFIABLE INFORMA- records. vide the individual an opportunity to revoke TION.—The term ‘‘personally identifiable in- (g) CIVIL PENALTIES.—In addition to any consent that is easy to use, accessible, and formation’’ means individually identifiable other penalty applicable to a violation of information about the individual that is col- available in the medium the information was section 101(a), a penalty of up to $25,000 may lected including— or is collected. be issued for each violation. (4) NOT APPLICABLE.—This section shall not (h) ENFORCEMENT REGARDING PROGRAMS.— (A) a first, middle, or last name, whether apply to disclosure of personally identifiable (1) IN GENERAL.—A Federal agency or de- given at birth or adoption, assumed, or le- information— partment providing financial assistance to gally changed; (A) that is necessary to facilitate a trans- any entity required to comply with section (B) a home or other physical address, in- action specifically requested by the con- 101 of this Act shall issue regulations requir- cluding the street name, zip code, and name sumer; ing that such entity comply with such sec- of a city or town; (B) is used for the sole purpose of facili- tion or forfeit some or all of such assistance. (C) an e-mail address; tating this transaction; and Such regulations shall prescribe sanctions (D) a telephone number; (C) in which the entity receiving or obtain- for noncompliance, require that such depart- (E) a photograph or other form of visual ing such information is limited, by contract, ment or agency provide notice of failure to identification; to use such formation for the purpose of comply with such section prior to any action (F) a birth date, birth certificate number, completing the transaction. being taken against such recipient, and re- or place of birth for that person; or SEC. 102. ENFORCEMENT. quire that a determination be made prior to (G) information concerning the individual (a) IN GENERAL.—In accordance with the any action being taken against such recipi- that is combined with any other identifier in provisions of this section, the Federal Trade ent that compliance cannot be secured by this paragraph. Commission shall have the authority to en- voluntary means. (8) SALE; SELL; SOLD.—The terms ‘‘sale’’, force any violation of section 101 of this Act. (2) FEDERAL FINANCIAL ASSISTANCE.—The ‘‘sell’’, and ‘‘sold’’, with respect to person- (b) VIOLATIONS.—The Federal Trade Com- term ‘‘Federal financial assistance’’ means ally identifiable information, mean the ex- mission shall treat a violation of section 101 assistance through a grant, cooperative changing of such information for any thing as a violation of a rule under section agreement, loan, or contract other than a of value, directly or indirectly, including the 18a(a)(1)(B) of the Federal Trade Commission contract of insurance or guaranty. licensing, bartering, or renting of such infor- Act (15 U.S.C. 57a(a)(1)(B)). SEC. 103. SAFE HARBOR. mation. (c) TRANSFER OF ENFORCEMENT AUTHOR- A commercial entity may not be held to (9) WRITING.—The term ‘‘writing’’ means ITY.—The Federal Trade Commission shall have violated any provision of this title if writing in either a paper-based or computer- promulgate rules in accordance with section such entity complies with self-regulatory based form, including electronic and digital 553 of title 5, United States Code, allowing guidelines that— signatures. for the transfer of enforcement authority ‘‘(1) are issued by seal programs or rep- SEC. 105. PREEMPTION. from the Federal Trade Commission to a resentatives of the marketing or online in- The provisions of this title shall supersede Federal agency regarding section 101 of this dustries or by any other person; and any statutory and common law of States and Act. The Federal Trade Commission may ‘‘(2) are approved by the Federal Trade their political subdivisions insofar as that permit a Federal agency to enforce any vio- Commission, after public comment has been law may now or hereafter relate to the— lation of section 101 if such agency submits (1) collection and disclosure of personally a written request to the Commission to en- received on such guidelines by the Commis- sion, as meeting the requirements of this identifiable information for marketing pur- force such violations and includes in such re- poses; and quest— title. SEC. 104. DEFINITIONS. (2) collection and sale of personally identi- (1) a description of the entities regulated fiable information. by such agency that will be subject to the In this title: (1) COMMERCIAL ENTITY.—The term ‘‘com- SEC. 106. EFFECTIVE DATE. provisions of section 101; This title and the amendments made by (2) an assurance that such agency has suffi- mercial entity’’— (A) means any person offering products or this title shall take effect 1 year after the cient authority over the entities to enforce date of enactment of this Act. violations of section 101; and services involving commerce— TITLE II—LIMITATIONS ON USE OF (3) a list of proposed rules that such agency (i) among the several States or with 1 or SOCIAL SECURITY NUMBERS shall use in regulating such entities and en- more foreign nations; forcing section 101. (ii) in any territory of the United States or SEC. 201. FINDINGS. (d) ACTIONS BY THE COMMISSION.—Absent in the District of Columbia, or between any Congress makes the following findings: transfer of enforcement authority to a Fed- such territory and— (1) The inappropriate display, sale, or pur- eral agency under subsection (c), the Federal (I) another such territory; or chase of social security numbers has contrib- Trade Commission shall prevent any person (II) any State or foreign nation; or uted to a growing range of illegal activities, from violating section 101 in the same man- (iii) between the District of Columbia and including fraud, identity theft, and, in some ner, by the same means, and with the same any State, territory, or foreign nation; and cases, stalking and other violent crimes. jurisdiction, powers, and duties as provided (B) does not include— (2) While financial institutions, health care to such Commission under the Federal Trade (i) any nonprofit entity that would other- providers, and other entities have often used Commission Act (15 U.S.C. 41 et seq.). Any wise be exempt from coverage under section social security numbers to confirm the iden- entity that violates section 101 is subject to 5 of the Federal Trade Commission Act (15 tity of an individual, the general display to the penalties and entitled to the privileges U.S.C. 45); the public, sale, or purchase of these num- and immunities provided in such Act in the (ii) any financial institution that is subject bers has been used to commit crimes, and same manner, by the same means, and with to title V of the Gramm-Leach-Bliley Act (15 also can result in serious invasions of indi- the same jurisdiction, power, and duties U.S.C. 6801 et seq.); or vidual privacy. under such Act. (iii) any group health plan, health insur- (3) The Federal Government requires vir- (e) RELATIONSHIP TO OTHER LAWS.— ance issuer, or other entity that is subject to tually every individual in the United States (1) COMMISSION AUTHORITY.—Nothing con- the Health Insurance Portability and Ac- to obtain and maintain a social security tained in this title shall be construed to countability Act of 1996 (42 U.S.C. 201 note). number in order to pay taxes, to qualify for

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6341 social security benefits, or to seek employ- chasing or attempting to purchase, an indi- more than 3 years after the date on which ment. An unintended consequence of these vidual’s social security number shall— the violation was or should reasonably have requirements is that social security numbers ‘‘(1) inform the individual of the general been discovered by the aggrieved individual. have become tools that can be used to facili- purpose for which the number will be used, ‘‘(3) NONEXCLUSIVE REMEDY.—The remedy tate crime, fraud, and invasions of the pri- the types of persons to whom the number provided under this subsection shall be in ad- vacy of the individuals to whom the numbers may be available, and the scope of trans- dition to any other remedy available to the are assigned. Because the Federal Govern- actions permitted by the consent; and individual. ment created and maintains this system, and ‘‘(2) obtain the affirmatively expressed ‘‘(h) CIVIL PENALTIES.— because the Federal Government does not consent (electronically or in writing) of the ‘‘(1) IN GENERAL.—Any person who the At- permit individuals to exempt themselves individual. torney General determines has violated this from those requirements, it is appropriate ‘‘(f) EXCEPTIONS.— section shall be subject, in addition to any for the Federal Government to take steps to ‘‘(1) IN GENERAL.—Except as provided in other penalties that may be prescribed by stem the abuse of this system. subsection (d), nothing in this section shall law— (4) A social security number does not con- be construed to prohibit or limit the display, ‘‘(A) to a civil penalty of not more than tain, reflect, or convey any publicly signifi- sale, or purchase of a social security num- $5,000 for each such violation; and cant information or concern any public ber— ‘‘(B) to a civil penalty of not more than issue. The display, sale, or purchase of such ‘‘(A) permitted, required, or excepted, ex- $50,000, if the violations have occurred with numbers in no way facilitates uninhibited, pressly or by implication, under section such frequency as to constitute a general robust, and wide-open public debate, and re- 205(c)(2), 1124A(a)(3), or 1141(c) of the Social business practice. strictions on such display, sale, or purchase Security Act (42 U.S.C. 405(c)(2), 1320a– ‘‘(2) DETERMINATION OF VIOLATIONS.—Any would not affect public debate. 3a(a)(3), and 1320b–11(c)), section 7(a)(2) of the willful violation committed contempora- (5) No one should seek to profit from the Privacy Act of 1974 (5 U.S.C. 552a note), sec- neously with respect to the social security display, sale, or purchase of social security tion 6109(d) of the Internal Revenue Code of numbers of 2 or more individuals by means of numbers in circumstances that create a sub- 1986, or section 6(b)(1) of the Professional mail, telecommunication, or otherwise, shall stantial risk of physical, emotional, or finan- Boxing Safety Act of 1996 (15 U.S.C. be treated as a separate violation with re- cial harm to the individuals to whom those 6305(b)(1)); spect to each such individual. numbers are assigned. ‘‘(B) for a public health purpose, including ‘‘(3) ENFORCEMENT PROCEDURES.—The pro- (6) Consequently, this Act offers each indi- the protection of the health or safety of an visions of section 1128A of the Social Secu- rity Act (42 U.S.C. 1320a–7a), other than sub- vidual that has been assigned a social secu- individual in an emergency situation; sections (a), (b), (f), (h), (i), (j), (m), and (n) rity number necessary protection from the ‘‘(C) for a national security purpose; and the first sentence of subsection (c) of display, sale, and purchase of that number in ‘‘(D) for a law enforcement purpose, includ- such section, and the provisions of sub- any circumstance that might facilitate un- ing the investigation of fraud, as required sections (d) and (e) of section 205 of such Act lawful conduct. under subchapter II of chapter 53 of title 31, (42 U.S.C. 405) shall apply to a civil penalty United States Code, and chapter 2 of title I SEC. 202. PROHIBITION OF THE DISPLAY, SALE, under this subsection in the same manner as OR PURCHASE OF SOCIAL SECURITY of Public Law 91–508 (12 U.S.C. 1951–1959), and such provisions apply to a penalty or pro- NUMBERS. the enforcement of a child support obliga- ceeding under section 1128A(a) of such Act (a) PROHIBITION.— tion; (42 U.S.C. 1320a–7a(a)), except that, for pur- (1) IN GENERAL.—Chapter 47 of title 18, ‘‘(E) if the display, sale, or purchase of the poses of this paragraph, any reference in sec- United States Code, is amended by inserting number is for a business-to-business use, in- tion 1128A of such Act (42 U.S.C. 1320a–7a) to after section 1028 the following: cluding, but not limited to— the Secretary shall be deemed to be a ref- ‘‘§ 1028A. Prohibition of the display, sale, or ‘‘(i) the prevention of fraud (including erence to the Attorney General.’’. fraud in protecting an employee’s right to purchase of social security numbers (2) CONFORMING AMENDMENT.—The chapter ‘‘(a) DEFINITIONS.—In this section: employment benefits); analysis for chapter 47 of title 18, United ‘‘(1) DISPLAY.—The term ‘display’ means to ‘‘(ii) the facilitation of credit checks or the States Code, is amended by inserting after intentionally communicate or otherwise facilitation of background checks of employ- the item relating to section 1028 the fol- make available (on the Internet or in any ees, prospective employees, and volunteers; lowing: ‘‘(iii) compliance with any requirement re- other manner) to the general public an indi- ‘‘1028A. Prohibition of the display, sale, or lated to the social security program estab- vidual’s social security number. purchase of social security lished under title II of the Social Security ‘‘(2) PERSON.—The term ‘person’ means any numbers.’’. Act (42 U.S.C. 401 et seq.); or individual, partnership, corporation, trust, (b) CRIMINAL SANCTIONS.—Section 208(a) of estate, cooperative, association, or any other ‘‘(iv) the retrieval of other information from, or by, other businesses, commercial the Social Security Act (42 U.S.C. 408(a)) is entity. amended— ‘‘(3) PURCHASE.—The term ‘purchase’ enterprises, or private nonprofit organizations, (1) in paragraph (8), by inserting ‘‘or’’ after means providing directly or indirectly, any- the semicolon; and thing of value in exchange for a social secu- except that, nothing in this subparagraph (2) by inserting after paragraph (8) the fol- rity number. shall be construed as permitting a profes- lowing new paragraphs: ‘‘(4) SALE.—The term ‘sale’ means obtain- sional or commercial user to display or sell ‘‘(9) except as provided in paragraph (5) of ing, directly or indirectly, anything of value a social security number to the general pub- section 1028A(a) of title 18, United States in exchange for a social security number. lic; Code, knowingly and willfully displays, sells, ‘‘(5) STATE.—The term ‘State’ means any ‘‘(F) if the transfer of such a number is or purchases (as those terms are defined in State of the United States, the District of part of a data matching program under the paragraph (1) of such section) any individ- Columbia, Puerto Rico, the Northern Mar- Computer Matching and Privacy Protection ual’s social security number (as defined in iana Islands, the United States Virgin Is- Act of 1988 (5 U.S.C. 552a note) or any similar such paragraph) without the affirmatively lands, Guam, American Samoa, and any ter- computer data matching program involving expressed consent of that individual after ritory or possession of the United States. a Federal, State, or local agency; or having met the prerequisites for consent ‘‘(b) LIMITATION ON DISPLAY.—Except as ‘‘(G) if such number is required to be sub- under paragraph (4) of such section, elec- provided in section 1028B, no person may dis- mitted as part of the process for applying for tronically or in writing, with respect to that play any individual’s social security number any type of Federal, State, or local govern- individual; or to the general public without the affirma- ment benefit or program. ‘‘(10) obtains any individual’s social secu- tively expressed consent of the individual. ‘‘(g) CIVIL ACTION IN UNITED STATES DIS- rity number for the purpose of locating or ‘‘(c) LIMITATION ON SALE OR PURCHASE.— TRICT COURT; DAMAGES; ATTORNEY’S FEES identifying the individual with the intent to Except as otherwise provided in this section, AND COSTS.— injure or to harm that individual, or to use no person may sell or purchase any individ- ‘‘(1) IN GENERAL.—Any individual aggrieved the identity of that individual for an illegal ual’s social security number without the af- by any act of any person in violation of this purpose;’’. firmatively expressed consent of the indi- section may bring a civil action in a United (c) EFFECTIVE DATE.—Section 1028A of title vidual. States district court to recover— 18, United States Code (as added by sub- ‘‘(d) PROHIBITION OF WRONGFUL USE AS PER- ‘‘(A) such preliminary and equitable relief section (a)), and section 208 of the Social Se- SONAL IDENTIFICATION NUMBER.—No person as the court determines to be appropriate; curity Act (42 U.S.C. 408) (as amended by may obtain any individual’s social security and subsection (b)) shall take effect 30 days after number for purposes of locating or identi- ‘‘(B) the greater of— the date on which the final regulations pro- fying an individual with the intent to phys- ‘‘(i) actual damages; mulgated under section 204(b) are published ically injure, harm, or use the identity of the ‘‘(ii) liquidated damages of $2,500; or in the Federal Register. individual for any illegal purpose. ‘‘(iii) in the case of a violation that was SEC. 203. NO PROHIBITION WITH RESPECT TO ‘‘(e) PREREQUISITES FOR CONSENT.—In order willful and resulted in profit or monetary PUBLIC RECORDS. for consent to exist under subsection (b) or gain, liquidated damages of $10,000. (a) PUBLIC RECORDS EXCEPTION.— (c), the person displaying or seeking to dis- ‘‘(2) STATUTE OF LIMITATIONS.—No action (1) IN GENERAL.—Chapter 47 of title 18, play, selling or attempting to sell, or pur- may be commenced under this subsection United States Code (as amended by section

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No prohibition of the display, sale, procedures in accordance with subchapter II (2) EFFECTIVE DATE.—The amendment or purchase of social security numbers in- of chapter 5 of title 5, United States Code, as made by this subsection shall apply with re- cluded in public records are necessary to promulgate regulations to spect to licenses, registrations, and other ‘‘(a) IN GENERAL.—Nothing in section 1028A implement and clarify the business-to-busi- documents issued or reissued after the date shall be construed to prohibit or limit the ness provisions pertaining to section that is 1 year after the date of enactment of display, sale, or purchase of any public 1028A(f)(1)(E) of title 18, United States Code this Act. record which includes a social security num- (as added by section 202(a)(1)). The Attorney (c) PROHIBITION OF INMATE ACCESS TO SO- ber that— General shall consult with other agencies to CIAL SECURITY ACCOUNT NUMBERS.— ‘‘(1) is incidentally included in a public ensure, where possible, that these provisions (1) IN GENERAL.—Section 205(c)(2)(C) of the record, as defined in subsection (d); are consistent with other privacy laws, in- Social Security Act (42 U.S.C. 405(c)(2)(C)) ‘‘(2) is intended to be purchased, sold, or cluding title V of the Gramm-Leach-Bliley (as amended by subsection (b)) is amended by displayed pursuant to an exception con- Act (15 U.S.C. 6801 et seq.). adding at the end the following new clause: tained in section 1028A(f); (2) FACTORS TO BE CONSIDERED.—In promul- ‘‘(xi) No Federal, State, or local agency ‘‘(3) is intended to be purchased, sold, or gating the regulations required under para- may employ, or enter into a contract for the displayed pursuant to the consent provisions graph (1), the Attorney General shall, at a use or employment of, prisoners in any ca- of subsections (b), (c), and (e) of section minimum, consider the following factors: pacity that would allow such prisoners ac- 1028A; or (A) The benefit to a particular business cess to the social security account numbers ‘‘(4) includes a redaction of the noninci- practice and to the general public of the sale of other individuals. For purposes of this dental occurrences of the social security or purchase of an individual’s social security clause, the term ‘prisoner’ means an indi- numbers when sold or displayed to members number. vidual confined in a jail, prison, or other of the general public. (B) The risk that a particular business penal institution or correctional facility ‘‘(b) AGENCY REQUIREMENTS.—Each agency practice will promote the use of the social pursuant to such individual’s conviction of a in possession of documents that contain so- security number to commit fraud, deception, criminal offense.’’. cial security numbers which are noninci- or crime. (2) EFFECTIVE DATE.—The amendment dental, shall, with respect to such docu- (C) The presence of adequate safeguards to made by this subsection shall apply with re- ments— prevent the misappropriation of social secu- spect to employment of prisoners, or entry ‘‘(1) ensure that access to such numbers is rity numbers by the general public, while into contract with prisoners, after the date restricted to persons who may obtain them permitting internal business uses of such that is 1 year after the date of enactment of in accordance with applicable law; numbers. this Act. ‘‘(2) require an individual who is not ex- (D) The implementation of procedures to prevent identity thieves, stalkers, and others SEC. 206. LIMITS ON PERSONAL DISCLOSURE OF empt under section 1028A(f) to provide the A SOCIAL SECURITY NUMBER FOR social security number of the person who is with ill intent from posing as legitimate CONSUMER TRANSACTIONS. businesses to obtain social security numbers. the subject of the document before making (a) IN GENERAL.—Part A of title XI of the such document available; or SEC. 205. TREATMENT OF SOCIAL SECURITY NUM- Social Security Act (42 U.S.C. 1301 et seq.) is BERS ON GOVERNMENT DOCU- ‘‘(3) redact the social security number from amended by adding at the end the following the document prior to providing a copy of MENTS. (a) PROHIBITION OF USE OF SOCIAL SECURITY new section: the requested document to an individual who ACCOUNT NUMBERS ON CHECKS ISSUED FOR ‘‘SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE is not exempt under section 1028A(f) and who PAYMENT BY GOVERNMENTAL AGENCIES.— OF A SOCIAL SECURITY NUMBER is unable to provide the social security num- (1) IN GENERAL.—Section 205(c)(2)(C) of the FOR CONSUMER TRANSACTIONS. ber of the person who is the subject of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is ‘‘(a) IN GENERAL.—A commercial entity document. amended by adding at the end the following may not require an individual to provide the ‘‘(c) RULE OF CONSTRUCTION.—Nothing in individual’s social security number when this section shall be used as a basis for per- new clause: ‘‘(x) No Federal, State, or local agency purchasing a commercial good or service or mitting or requiring a State or local govern- may display the social security account deny an individual the good or service for re- ment entity or other repository of public number of any individual, or any derivative fusing to provide that number except— documents to expand or to limit access to of such number, on any check issued for any ‘‘(1) for any purpose relating to— documents containing social security num- payment by the Federal, State, or local ‘‘(A) obtaining a consumer report for any bers to entities covered by the exception in agency.’’. purpose permitted under the Fair Credit Re- section 1028A(f). (2) EFFECTIVE DATE.—The amendment porting Act; ‘‘(d) DEFINITIONS.—In this section: made by this subsection shall apply with re- ‘‘(B) a background check of the individual ‘‘(1) INCIDENTAL.—The term ‘incidental’ spect to violations of section 205(c)(2)(C)(x) means that the social security number is not conducted by a landlord, lessor, employer, of the Social Security Act (42 U.S.C. routinely displayed in a consistent and pre- voluntary service agency, or other entity as 405(c)(2)(C)(x)), as added by paragraph (1), oc- dictable manner on the public record by a determined by the Attorney General; curring after the date that is 3 years after government entity, such as on the face of a ‘‘(C) law enforcement; or the date of enactment of this Act. document. ‘‘(D) a Federal or State law requirement; (b) PROHIBITION OF APPEARANCE OF SOCIAL or ‘‘(2) PUBLIC RECORD.—The term ‘public SECURITY ACCOUNT NUMBERS ON DRIVER’S LI- record’ means any item, collection, or group- ‘‘(2) if the social security number is nec- CENSES OR MOTOR VEHICLE REGISTRATION.— essary to verify identity and to prevent ing of information about an individual that (1) IN GENERAL.—Section 205(c)(2)(C)(vi) of is maintained by a Federal, State, or local fraud with respect to the specific transaction the Social Security Act (42 U.S.C. requested by the consumer and no other government entity and that is made avail- 405(c)(2)(C)(vi)) is amended— able to the public.’’. form of identification can produce com- (A) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and parable information. (2) CONFORMING AMENDMENT.—The chapter (B) by adding at the end the following new analysis for chapter 47 of title 18, United ‘‘(b) OTHER FORMS OF IDENTIFICATION.— subclause: Nothing in this section shall be construed to States Code (as amended by section ‘‘(II)(aa) An agency of a State (or political prohibit a commercial entity from— 202(a)(2)), is amended by inserting after the subdivision thereof), in the administration of ‘‘(1) requiring an individual to provide 2 item relating to section 1028A the following: any driver’s license or motor vehicle reg- forms of identification that do not contain ‘‘1028B. No prohibition of the display, sale, or istration law within its jurisdiction, may not the social security number of the individual; purchase of social security disclose the social security account numbers or numbers included in public issued by the Commissioner of Social Secu- ‘‘(2) denying an individual a good or service records.’’. rity, or any derivative of such numbers, on for refusing to provide 2 forms of identifica- any driver’s license or motor vehicle reg- SEC. 204. RULEMAKING AUTHORITY OF THE AT- tion that do not contain such number. TORNEY GENERAL. istration or any other document issued by (a) IN GENERAL.—Except as provided in such State (or political subdivision thereof) ‘‘(c) APPLICATION OF CIVIL MONEY PEN- subsection (b), the Attorney General may to an individual for purposes of identifica- ALTIES.—A violation of this section shall be prescribe such rules and regulations as the tion of such individual. deemed to be a violation of section Attorney General deems necessary to carry ‘‘(bb) Nothing in this subclause shall be 1129(a)(3)(F). out the provisions of section 202. construed as precluding an agency of a State ‘‘(d) APPLICATION OF CRIMINAL PENALTIES.— (b) BUSINESS-TO-BUSINESS COMMERCIAL DIS- (or political subdivision thereof), in the ad- A violation of this section shall be deemed to PLAY, SALE, OR PURCHASE RULEMAKING.— ministration of any driver’s license or motor be a violation of section 208(a)(8).’’. (1) IN GENERAL.—Not later than 1 year after vehicle registration law within its jurisdic- (b) EFFECTIVE DATE.—The amendment the date of enactment of this Act, the Attor- tion, from using a social security account made by subsection (a) shall apply to re- ney General, in consultation with the Com- number for an internal use or to link with quests to provide a social security number missioner of Social Security, the Federal the database of an agency of another State made on or after the date of enactment of Trade Commission, and such other Federal that is responsible for the administration of this Act.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6343 SEC. 207. EXTENSION OF CIVIL MONETARY PEN- (2) by redesignating the last sentence of referred to in subsection (a) was made’’ and ALTIES FOR MISUSE OF A SOCIAL paragraph (1) as paragraph (2) and inserting inserting ‘‘violation occurred’’. SECURITY NUMBER. such paragraph after paragraph (1); and (e) EFFECTIVE DATES.— (a) TREATMENT OF WITHHOLDING OF MATE- (3) by inserting after paragraph (2) (as so (1) IN GENERAL.—Except as provided in RIAL FACTS.— redesignated) the following new paragraph: paragraph (2), the amendments made by this (1) CIVIL PENALTIES.—The first sentence of ‘‘(3) Any person (including an organization, section shall apply with respect to violations section 1129(a)(1) of the Social Security Act agency, or other entity) who— of sections 1129 and 1129A of the Social Secu- (42 U.S.C. 1320a–8(a)(1)) is amended— ‘‘(A) uses a social security account number rity Act (42 U.S.C. 1320–8 and 1320a–8a), as (A) by striking ‘‘who’’ and inserting that such person knows or should know has amended by this section, committed after ‘‘who—’’; been assigned by the Commissioner of Social the date of enactment of this Act. (B) by striking ‘‘makes’’ and all that fol- Security (in an exercise of authority under (2) VIOLATIONS BY GOVERNMENT AGENTS IN lows through ‘‘shall be subject to’’ and in- section 205(c)(2) to establish and maintain POSSESSION OF SOCIAL SECURITY NUMBERS.— serting the following: records) on the basis of false information fur- Section 1129(a)(3)(I) of the Social Security ‘‘(A) makes, or causes to be made, a state- nished to the Commissioner by any person; Act (42 U.S.C. 1320a–8(a)(3)(I)), as added by ment or representation of a material fact, ‘‘(B) falsely represents a number to be the subsection (b), shall apply with respect to for use in determining any initial or con- social security account number assigned by tinuing right to or the amount of monthly violations of that section occurring on or insurance benefits under title II or benefits the Commissioner of Social Security to any after the effective date under section 202(c). or payments under title VIII or XVI, that the individual, when such person knows or TITLE III—LIMITATIONS ON SALE AND person knows or should know is false or mis- should know that such number is not the so- SHARING OF NONPUBLIC PERSONAL FI- leading; cial security account number assigned by the NANCIAL INFORMATION ‘‘(B) makes such a statement or represen- Commissioner to such individual; ‘‘(C) knowingly alters a social security SEC. 301. DEFINITION OF SALE. tation for such use with knowing disregard Section 509 of the Gramm-Leach-Bliley Act for the truth; or card issued by the Commissioner of Social Security, or possesses such a card with in- (15 U.S.C. 6809) is amended by adding at the ‘‘(C) omits from a statement or representa- end the following: tion for such use, or otherwise withholds dis- tent to alter it; ‘‘(12) SALE.—The terms ‘sale’, ‘sell’, and closure of, a fact which the individual knows ‘‘(D) knowingly displays, sells, or purchases a card that is, or purports to be, a ‘sold’, with respect to nonpublic personal in- or should know is material to the determina- formation, mean the exchange of such infor- tion of any initial or continuing right to or card issued by the Commissioner of Social Security, or possesses such a card with in- mation for any thing of value, directly or in- the amount of monthly insurance benefits directly, including the licensing, bartering, under title II or benefits or payments under tent to display, purchase, or sell it; or renting of such information.’’. title VIII or XVI and the individual knows, ‘‘(E) counterfeits a social security card, or or should know, that the statement or rep- possesses a counterfeit social security card SEC. 302. RULES APPLICABLE TO SALE OF NON- resentation with such omission is false or with intent to display, sell, or purchase it; PUBLIC PERSONAL INFORMATION. misleading or that the withholding of such ‘‘(F) discloses, uses, compels the disclosure Section 502 of the Gramm-Leach-Bliley Act disclosure is misleading, of, or knowingly displays, sells, or purchases (15 U.S.C. 6802) is amended— (1) in the section heading, by inserting shall be subject to’’; the social security account number of any ‘‘ ’’ after ‘‘ ’’; (C) by inserting ‘‘or each receipt of such person in violation of the laws of the United and sales disclosures (2) in subsection (a), by inserting ‘‘or sell’’ benefits while withholding disclosure of such States; fact’’ after ‘‘each such statement or rep- ‘‘(G) with intent to deceive the Commis- after ‘‘disclose’’; resentation’’; sioner of Social Security as to such person’s (3) in subsection (b)— (D) by inserting ‘‘or because of such with- true identity (or the true identity of any (A) in the heading, by inserting ‘‘FOR CER- holding of disclosure of a material fact’’ other person) furnishes or causes to be fur- TAIN DISCLOSURES’’ before the period; and after ‘‘because of such statement or rep- nished false information to the Commis- (B) by adding at the end the following: resentation’’; and sioner with respect to any information re- ‘‘(3) LIMITATION.—Paragraphs (1) and (2) do (E) by inserting ‘‘or such a withholding of quired by the Commissioner in connection not apply to the sale of nonpublic personal disclosure’’ after ‘‘such a statement or rep- with the establishment and maintenance of information.’’; resentation’’. the records provided for in section 205(c)(2); (4) by striking subsection (e); (5) by redesignating subsections (c) and (d) (2) ADMINISTRATIVE PROCEDURE FOR IMPOS- ‘‘(H) offers, for a fee, to acquire for any in- as subsections (d) and (e), respectively; and ING PENALTIES.—The first sentence of section dividual, or to assist in acquiring for any in- 1129A(a) of the Social Security Act (42 U.S.C. dividual, an additional social security ac- (6) by inserting after subsection (b) the fol- 1320a–8a(a)) is amended— count number or a number which purports to lowing: (A) by striking ‘‘who’’ and inserting be a social security account number; or ‘‘(c) OPT-IN FOR SALE OF INFORMATION.— ‘‘who—’’; and ‘‘(I) being an officer or employee of a Fed- ‘‘(1) AFFIRMATIVE CONSENT REQUIRED.— (B) by striking ‘‘makes’’ and all that fol- eral, State, or local agency in possession of Each agency or authority described in sec- lows through ‘‘shall be subject to’’ and in- any individual’s social security account tion 504(a) shall, by rule prescribed under serting the following new paragraphs: number, willfully acts or fails to act so as to that section, prohibit a financial institution ‘‘(1) makes, or causes to be made, a state- cause a violation by such agency of clause that is subject to its jurisdiction from sell- ment or representation of a material fact, (vi)(II) or (x) of section 205(c)(2)(C) ing any nonpublic personal information to for use in determining any initial or con- shall be subject to, in addition to any other any nonaffiliated third party, unless the continuing right to or the amount of monthly penalties that may be prescribed by law, a sumer to whom the information pertains— insurance benefits under title II or benefits civil money penalty of not more than $5,000 ‘‘(A) has affirmatively consented in accord- or payments under title VIII or XVI, that the for each violation. Such person shall also be ance with such rule to the sale of such infor- person knows or should know is false or mis- subject to an assessment, in lieu of damages mation; and leading; sustained by the United States resulting ‘‘(B) has not withdrawn the consent. ‘‘(2) makes such a statement or representa- from such violation, of not more than twice ‘‘(2) DENIAL OF SERVICE PROHIBITED.—The tion for such use with knowing disregard for the amount of any benefits or payments paid rule prescribed pursuant to paragraph (1) the truth; or as a result of such violation.’’. shall prohibit a financial institution from ‘‘(3) omits from a statement or representa- (c) CLARIFICATION OF TREATMENT OF RECOV- denying any consumer a financial product or tion for such use, or otherwise withholds dis- ERED AMOUNTS.—Section 1129(e)(2)(B) of the a financial service for the refusal by the con- closure of, a fact which the individual knows Social Security Act (42 U.S.C. 1320a– sumer to grant the consent required by such or should know is material to the determina- 8(e)(2)(B)) is amended by striking ‘‘In the rule.’’. tion of any initial or continuing right to or case of amounts recovered arising out of a SEC. 303. EXCEPTIONS TO SALE PROHIBITION. the amount of monthly insurance benefits determination relating to title VIII or XVI,’’ Section 502 of the Gramm-Leach-Bliley Act under title II or benefits or payments under and inserting ‘‘In the case of any other (15 U.S.C. 6802), as amended by this title, is title VIII or XVI and the individual knows, amounts recovered under this section,’’. amended by adding at the end the following: or should know, that the statement or rep- (d) CONFORMING AMENDMENTS.— ‘‘(f) GENERAL EXCEPTIONS.—This section resentation with such omission is false or (1) Section 1129(b)(3)(A) of the Social Secu- does not prohibit— misleading or that the withholding of such rity Act (42 U.S.C. 1320a–8(b)(3)(A)) is amend- ‘‘(1) the sale or other disclosure of non- disclosure is misleading, ed by striking ‘‘charging fraud or false state- public personal information to a non- shall be subject to’’. ments’’. affiliated third party— (b) APPLICATION OF CIVIL MONEY PENALTIES (2) Section 1129(c)(1) of the Social Security ‘‘(A) as necessary to effect, administer, or TO ELEMENTS OF CRIMINAL VIOLATIONS.—Sec- Act (42 U.S.C. 1320a–8(c)(1)) is amended by enforce a transaction requested or author- tion 1129(a) of the Social Security Act (42 striking ‘‘and representations’’ and inserting ized by the consumer to whom the informa- U.S.C. 1320a–8(a)), as amended by subsection ‘‘, representations, or actions’’. tion pertains, or in connection with— (a)(1), is amended— (3) Section 1129(e)(1)(A) of the Social Secu- ‘‘(i) servicing or processing a financial (1) by redesignating paragraph (2) as para- rity Act (42 U.S.C. 1320a–8(e)(1)(A)) is amend- product or service requested or authorized by graph (4); ed by striking ‘‘statement or representation the consumer;

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6344 CONGRESSIONAL RECORD — SENATE June 14, 2001 ‘‘(ii) maintaining or servicing the account (i) on behalf of such covered entity or of an including items and services paid for as med- of the consumer with the financial institu- organized health care arrangement in which ical care, to employees or their dependents tion, or with another entity as part of a pri- the covered entity participates, but other directly or through insurance, reimburse- vate label credit card program or other ex- than in the capacity of a member of the ment, or otherwise, that— tension of credit on behalf of such entity; or workforce of such covered entity or arrange- (A) has 50 or more participants (as defined ‘‘(iii) a proposed or actual securitization, ment, performs, or assists in the perform- in section 3(7) of Employee Retirement In- secondary market sale (including sales of ance of— come and Security Act of 1974, 29 U.S.C. servicing rights), or similar transaction re- (I) a function or activity involving the use 1002(7)); or lated to a transaction of the consumer; or disclosure of individually identifiable (B) is administered by an entity other than ‘‘(B) with the consent or at the direction of health information, including claims proc- the employer that established and maintains the consumer, in accordance with applicable essing or administration, data analysis, the plan. rules prescribed under this subtitle; processing or administration, utilization re- (6) HEALTH CARE.—The term ‘‘health care’’ ‘‘(C) to the extent specifically permitted or view, quality assurance, billing, benefit man- means care, services, or supplies related to required under other provisions of law and in agement, practice management, and repric- the health of an individual, including— accordance with the Right to Financial Pri- ing; or (A) preventive, diagnostic, therapeutic, re- vacy Act of 1978; or (II) any other function or activity regu- habilitative, maintenance, or palliative care ‘‘(D) to law enforcement agencies (includ- lated under parts 160 through 164 of title 45, and counseling services, assessment, or pro- ing a Federal functional regulator, the Sec- Code of Federal Regulations; or cedure with respect to the physical or men- retary of the Treasury, with respect to sub- (ii) provides, other than in the capacity of tal condition, or functional status, of an in- chapter II of chapter 53 of title 31, United a member of the workforce of such covered dividual or that affects the structure or States Code, and chapter 2 of title I of Public entity, legal, actuarial, accounting, con- function of the body; and Law 91–508 (12 U.S.C. 1951–1959), a State in- sulting, data aggregation, management, ad- (B) a sale or dispensing of a drug, device, surance authority, or the Federal Trade ministrative, accreditation, or financial equipment, or other item in accordance with Commission), self-regulatory organizations, services to or for such covered entity, or to a prescription. or for an investigation on a matter related or for an organized health care arrangement (7) HEALTH CARE CLEARINGHOUSE.—The to public safety; or in which the covered entity participates, term ‘‘health care clearinghouse’’ means a ‘‘(2) the disclosure, other than the sale, of where the provision of the service involves public or private entity, including a billing nonpublic personal information— the disclosure of individually identifiable service, repricing company, community ‘‘(A) to protect the confidentiality or secu- health information from such covered entity health management information system or rity of the records of the financial institu- or arrangement, or from another business as- community health information system, and tion pertaining to the consumer, the service sociate of such covered entity or arrange- value-added networks and switches, that— or product, or the transaction therein; ment, to the person. (A) processes or facilitates the processing ‘‘(B) to protect against or prevent actual (B) LIMITATIONS.— of health information received from another or potential fraud, unauthorized trans- (i) IN GENERAL.—A covered entity partici- entity in a nonstandard format or containing actions, claims, or other liability; pating in an organized health care arrange- nonstandard data content into standard data ment that performs a function or activity as elements or a standard transaction; or ‘‘(C) for required institutional risk control, described by subparagraph (A)(i) for or on be- (B) receives a standard transaction from or for resolving customer disputes or inquir- half of such organized health care arrange- another entity and processes or facilitates ies; ment, or that provides a service as described the processing of health information into ‘‘(D) to persons holding a legal or bene- in subparagraph (A)(ii) to or for such orga- nonstandard format or nonstandard data ficial interest relating to the consumer; nized health care arrangement, does not, content for the receiving entity. ‘‘(E) to persons acting in a fiduciary or rep- simply through the performance of such (8) HEALTH CARE PROVIDER.—The term resentative capacity on behalf of the con- function or activity or the provision of such ‘‘health care provider’’ has the same mean- sumer; service, become a business associate of other ing given the terms ‘‘provider of services’’ ‘‘(F) to provide information to insurance covered entities participating in such orga- and ‘‘provider of medical or health services’’ rate advisory organizations, guaranty funds nized health care arrangement. in subsections (u) and (s) of section 1861 of or agencies, applicable rating agencies of the (ii) LIMITATION.—A covered entity may be a the Social Security Act (42 U.S.C. 1395x), and financial institution, persons assessing the business associate of another covered entity. includes any other person or organization compliance of the institution with industry (2) COVERED ENTITY.—The term ‘‘covered who furnishes, bills, or is paid for health care standards, or the attorneys, accountants, or entity’’ means— in the normal course of business. auditors of the institution; (A) a health plan; (9) HEALTH INFORMATION.—The term ‘‘(G) to a consumer reporting agency, in (B) a health care clearinghouse; and ‘‘health information’’ means any informa- accordance with the Fair Credit Reporting (C) a health care provider who transmits tion, whether oral or recorded in any form or Act or from a consumer report reported by a any health information in electronic form in medium, that— consumer reporting agency, as those terms connection with a transaction covered by (A) is created or received by a health care are defined in that Act; parts 160 through 164 of title 45, Code of Fed- provider, health plan, public health author- ‘‘(H) in connection with a proposed or ac- eral Regulations. ity, employer, life insurer, school or univer- tual sale, merger, transfer, or exchange of all (3) DISCLOSURE.—The term ‘‘disclosure’’ sity, or health care clearinghouse; and or a portion of a business or operating unit means the release, transfer, provision of ac- (B) relates to the past, present, or future if the disclosure of nonpublic personal infor- cess to, or divulging in any other manner of physical or mental health or condition of an mation concerns solely consumers of such information outside the entity holding the individual; the provision of health care to an business or unit; information. individual; or the past, present, or future ‘‘(I) to comply with Federal, State, or local (4) EMPLOYER.—The term ‘‘employer’’ payment for the provision of health care to laws, rules, or other applicable legal require- means a person or organization for whom an an individual. ments, or with a properly authorized civil, individual performs or has performed any (10) HEALTH INSURANCE ISSUER.—The term criminal, or regulatory investigation or sub- service, of whatever nature, as the employee ‘‘health insurance issuer’’ means a health in- poena or summons by Federal, State, or of that person or organization, except that— surance issuer (as defined in section local authorities; or (A) if the person for whom the individual 2791(b)(2) of the Public Health Service Act, 42 ‘‘(J) to respond to judicial process or gov- performs or has performed the service does U.S.C. 300gg–91(b)(2)) and used in the defini- ernment regulatory authorities having juris- not have control of the payment of wages for tion of health plan in this section and in- diction over the financial institution for ex- such service, the term ‘‘employer’’ means cludes an insurance company, insurance amination, compliance, or other purposes, as the person having control of the payment of service, or insurance organization (including authorized by law.’’. those wages; and an HMO) that is licensed to engage in the SEC. 304. EFFECTIVE DATE. (B) in the case of a person paying wages on business of insurance in a State and is sub- This title shall take effect 6 months after behalf of a nonresident alien individual, for- ject to State law that regulates insurance. the date on which the rules are required to eign partnership, or foreign corporation, not Such term does not include a group health be prescribed under section 504(a)(3). engaged in trade or business within the plan. United States, the term ‘‘employer’’ means (11) HEALTH MAINTENANCE ORGANIZATION.— TITLE IV—LIMITATIONS ON THE PROVI- that person. The term ‘‘health maintenance organiza- SION OF PROTECTED HEALTH INFOR- (5) GROUP HEALTH PLAN.—The term ‘‘group tion’’ (HMO) (as defined in section 2791(b)(3) MATION health plan’’ means an employee welfare of the Public Health Service Act, 42 U.S.C. SEC. 401. DEFINITIONS. benefit plan (as defined in section 3(1) of the 300gg–91 (b)(3)) and used in the definition of In this title: Employee Retirement Income and Security health plan in this section, means a federally (1) BUSINESS ASSOCIATE.— Act of 1974 (29 U.S.C. 1002(1)), including in- qualified HMO, an organization recognized as (A) IN GENERAL.—Except as provided in sured and self-insured plans, to the extent an HMO under State law, or a similar organi- subparagraph (B), the term ‘‘business asso- that the plan provides medical care (as de- zation regulated for solvency under State ciate’’ means, with respect to a covered enti- fined in section 2791(a)(2) of the Public law in the same manner and to the same ex- ty, a person who— Health Service Act, 42 U.S.C. 300gg–91(a)(2)), tent as such an HMO.

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(12) HEALTH OVERSIGHT AGENCY.—The term health care, or whose principal activity is (B) LIMITATION.—The term ‘‘noncovered en- ‘‘health oversight agency’’ means an agency the direct provision of health care to per- tity’’ includes a covered entity if such cov- or authority of the United States, a State, a sons, or the making of grants to fund the di- ered entity is acting as a business associate. territory, a political subdivision of a State rect provision of health care to persons. (19) ORGANIZED HEALTH CARE ARRANGE- or territory, or an Indian tribe, or a person (14) INDIVIDUALLY IDENTIFIABLE HEALTH IN- MENT.—The term ‘‘organized health care ar- or entity acting under a grant of authority FORMATION.—The term ‘‘individually identifi- rangement’’ means— from or contract with such public agency, in- able health information’’ means information (A) a clinically integrated care setting in cluding the employees or agents of such pub- that is a subset of health information, in- which individuals typically receive health lic agency or its contractors or persons or cluding demographic information collected care from more than 1 health care provider; entities to whom it has granted authority, from an individual, that— (B) an organized system of health care in that is authorized by law to oversee the (A) is created or received by a covered enti- which more than 1 covered entity partici- health care system (whether public or pri- ty or employer; and pates, and in which the participating covered vate) or government programs in which (B)(i) relates to the past, present, or future entities— health information is necessary to determine physical or mental health or condition of an (i) hold themselves out to the public as eligibility or compliance, or to enforce civil individual, the provision of health care to an participating in a joint arrangement; and rights laws for which health information is individual, or the past, present, or future (ii) participate in joint activities including relevant. payment for the provision of health care to at least— (13) HEALTH PLAN.—The term ‘‘health plan’’ an individual; and (I) utilization review, in which health care means an individual or group plan that pro- (ii)(I) identifies an individual; or decisions by participating covered entities vides, or pays the cost of, medical care, as (II) with respect to which there is a reason- are reviewed by other participating covered defined in section 2791(a)(2) of the Public able basis to believe that the information entities or by a third party on their behalf; Health Service Act (42 U.S.C. 300gg– can be used to identify an individual. (II) quality assessment and improvement 91(a)(2))— (15) LAW ENFORCEMENT OFFICIAL.—The term activities, in which treatment provided by (A) including, singly or in combination— ‘‘law enforcement official’’ means an officer participating covered entities is assessed by (i) a group health plan; or employee of any agency or authority of other participating covered entities or by a (ii) a health insurance issuer; the United States, a State, a territory, a po- third party on their behalf; or (iii) an HMO; litical subdivision of a State or territory, or (III) payment activities, if the financial (iv) part A or B of the medicare program an Indian tribe, who is empowered by law risk for delivering health care is shared, in under title XVIII of the Social Security Act to— part or in whole, by participating covered (42 U.S.C. 1395 et seq.); (A) investigate or conduct an official in- entities through the joint arrangement and (v) the medicaid program under title XIX quiry into a potential violation of law; or if protected health information created or of the Social Security Act (42 U.S.C. 1396 et (B) prosecute or otherwise conduct a crimi- received by a covered entity is reviewed by seq.); nal, civil, or administrative proceeding aris- other participating covered entities or by a (vi) an issuer of a medicare supplemental ing from an alleged violation of law. third party on their behalf for the purpose of policy (as defined in section 1882(g)(1) of the (16) LIFE INSURER.—The term ‘‘life insurer’’ administering the sharing of financial risk; Social Security Act, 42 U.S.C. 1395ss(g)(1)); means a life insurance company (as defined (C) a group health plan and a health insur- (vii) an issuer of a long-term care policy, in section 816 of the Internal Revenue Code ance issuer or HMO with respect to such excluding a nursing home fixed-indemnity of 1986), including the employees and agents group health plan, but only with respect to policy; of such company. protected health information created or re- (viii) an employee welfare benefit plan or (17) MARKETING.— ceived by such health insurance issuer or any other arrangement that is established or (A) IN GENERAL.—The term ‘‘marketing’’ HMO that relates to individuals who are or maintained for the purpose of offering or means to make a communication about a who have been participants or beneficiaries providing health benefits to the employees of product or service a purpose of which is to in such group health plan; 2 or more employers; encourage recipients of the communication (D) a group health plan and 1 or more other (ix) the health care program for active to purchase or use the product or service. group health plans each of which are main- military personnel under title 10, United (B) LIMITATION.—Such term does not in- tained by the same plan sponsor; or States Code; clude communications that meet the re- (E) the group health plans described in sub- (x) the veterans health care program under quirements of subparagraph (C) and that are paragraph (D) and health insurance issuers chapter 17 of title 38, United States Code; made by a covered entity— or HMOs with respect to such group health (xi) the Civilian Health and Medical Pro- (i) for the purpose of describing the enti- plans, but only with respect to protected gram of the Uniformed Services (CHAMPUS) ties participating in a health care provider health information created or received by (as defined in section 1072(4) of title 10, network or health plan network, or for the such health insurance issuers or HMOs that United States Code); purpose of describing if and the extent to relates to individuals who are or have been (xii) the Indian Health Service program which a product or service (or payment for participants or beneficiaries in any of such under the Indian Health Care Improvement such product or service) is provided by a cov- group health plans. Act (25 U.S.C. 1601 et seq.); ered entity or included in a plan of benefits; (20) PROTECTED HEALTH INFORMATION.—The (xiii) the Federal Employees Health Bene- or term ‘‘protected health information’’ means fits Program under chapter 89 of title 5, (ii) that are tailored to the circumstances individually identifiable health information United States Code; of a particular individual and the commu- that is in any form or medium. The term (xiv) an approved State child health plan nications are— does not include individually identifiable under title XXI of the Social Security Act (I) made by a health care provider to an in- health information in education records cov- (42 U.S.C. 1397aa et seq.), providing benefits dividual as part of the treatment of the indi- ered by section 444 of the General Education for child health assistance that meet the re- vidual, and for the purpose of furthering the Provisions Act (20 U.S.C. 1232g). quirements of section 2103 of such Act (42 treatment of that individual; or (21) PUBLIC HEALTH AUTHORITY.—The term U.S.C. 1397cc); (II) made by a health care provider to an ‘‘public health authority’’ means an agency (xv) the Medicare+Choice program under individual in the course of managing the or authority of the United States, a State, a part C of title XVIII of the Social Security treatment of that individual, or for the pur- territory, a political subdivision of a State Act (42 U.S.C. 1395w–21 et seq.); pose of directing or recommending to that or territory, or an Indian tribe, or a person (xvi) a high risk pool that is a mechanism individual alternative treatments, therapies, or entity acting under a grant of authority established under State law to provide health care providers, or settings of care. from or contract with such public agency, in- health insurance coverage or comparable (C) NOT INCLUDED.—A communication de- cluding employees or agents of such public coverage to eligible individuals; and scribed in subparagraph (B) is not included agency or its contractors or persons or enti- (xvii) any other individual or group plan, in marketing if— ties to whom it has granted authority, that or combination of individual or group plans, (i) the communication is made orally; or is responsible for public health matters as that provides or pays for the cost of medical (ii) the communication is in writing and part of its official mandate. care (as defined in section 2791(a)(2) of the the covered entity does not receive direct or (22) SCHOOL OR UNIVERSITY.—The term Public Health Service Act (42 U.S.C. 300gg– indirect remuneration from a third party for ‘‘school or university’’ means an institution 91(a)(2)); and making the communication. or place for instruction or education, includ- (B) excluding— (18) NONCOVERED ENTITY.— ing an elementary school, secondary school, (i) any policy, plan, or program to the ex- (A) IN GENERAL.—The term ‘‘noncovered or institution of higher learning, a college, tent that it provides, or pays for the cost of, entity’’ means any person or public or pri- or an assemblage of colleges united under 1 excepted benefits that are listed in section vate entity, including but not limited to a corporate organization or government. 2791(c)(1) of the Public Health Service Act (42 health researcher, school or university, life (23) SECRETARY.—The term ‘‘Secretary’’ U.S.C. 300gg–91(c)(1); and insurer, employer, public health authority, means the Secretary of Health and Human (ii) a government-funded program (other health oversight agency, or law enforcement Services. than 1 listed in clause (i) through (xvi) of official, or any person acting as an agent of (24) SALE; SELL; SOLD.—The terms ‘‘sale’’, paragraph (1)), whose principal purpose is such entities or persons, that is not a cov- ‘‘sell’’, and ‘‘sold’’, with respect to protected other than providing, or paying the cost of, ered entity. health information, mean the exchange of

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such information for anything of value, di- by this section for 6 years from the date of (c) AUTHORIZATION.— rectly or indirectly, including the licensing, its creation or the date when it last was in (1) IN GENERAL.—An authorization under bartering, or renting of such information. effect, whichever is later. subsection (a) shall— (25) USE.—The term ‘‘use’’ means, with re- (e) CONTENT OF AUTHORIZATION.— (A) contain a description of the informa- spect to individually identifiable health in- (1) CONTENT.—An authorization described tion to be used, disclosed, or sold that identi- formation, the sharing, employment, appli- in subsection (a) shall— fies such information in a specific and mean- cation, utilization, examination, or analysis (A) contain a description of the informa- ingful manner; of such information within an entity that tion to be sold that identifies such informa- (B) contain the name or other specific maintains such information. tion in a specific and meaningful manner; identification of the person, or class of per- (26) WRITING.—The term ‘‘writing’’ means (B) contain the name or other specific sons, authorized to use, disclose, or sell the writing in either a paper-based or computer- identification of the person, or class of per- information; based form, including electronic and digital sons, authorized to sell the information; (C) identify persons to whom the informa- signatures. (C) contain the name or other specific tion is to be provided or sold; SEC. 402. PROHIBITION AGAINST SELLING PRO- identification of the person, or class of per- (D) include an expiration date or an expira- TECTED HEALTH INFORMATION. sons, to whom the information is to be sold; tion event relating to the use, disclosure, or (a) IN GENERAL.—A noncovered entity shall (D) include an expiration date or an expira- sale of such information that signifies that not sell the protected health information of tion event relating to the selling of such in- the authorization is valid until such date or an individual without an authorization that formation that signifies that the authoriza- event; is valid under section 403. When a noncovered tion is valid until such date or event; (E) include a statement that the individual entity obtains or receives authorization to (E) include a statement that the individual has a right to revoke the authorization in sell such information, such sale must be con- has a right to revoke the authorization in writing and that there are exceptions to the sistent with such authorization. writing and the exceptions to the right to re- right to revoke, and a description of the pro- (b) SCOPE.—A sale of protected health in- voke, and a description of the procedure in- cedure involved in such revocation; formation as described under subsection (a) volved in such revocation; (F) be in writing and include the signature shall be limited to the minimum amount of (F) be in writing and include the signature of the individual and the date, or if the au- information necessary to accomplish the of the individual and the date, or if the authorization is signed by a personal represent- purpose for which the sale is made. thorization is signed by a personal representative of the individual, a description of such (c) PURPOSE.—A recipient of information ative of the individual, a description of such representative’s authority to act for the in- sold pursuant to this title may use or dis- representative’s authority to act for the individual; and close such information solely to carry out dividual; and (G) include a statement explaining the pur- the purpose for which the information was (G) include a statement explaining the purpose for which such information is used, dis- sold. pose for which such information is sold. closed, or sold. (d) NOT REQUIRED.—Nothing in this title (2) PLAIN LANGUAGE.—The authorization (2) PLAIN LANGUAGE.—The authorization permitting the sale of protected health infor- shall be written in plain language. must be written in plain language. mation shall be construed to require such (f) NOTICE.— (d) NOTICE.—The authorization shall in- sale. (1) IN GENERAL.—The authorization shall clude a statement that the individual may— (e) IDENTIFICATION OF INFORMATION AS PRO- include a statement that the individual (1) inspect or copy the protected health in- TECTED HEALTH INFORMATION.—Information may— formation to be marketed as provided under sold pursuant to this title shall be clearly (A) inspect or copy the protected health in- section 164.524 of title 45, Code of Federal identified as protected health information. formation to be sold; and Regulations (or a successor regulation); and (f) NO WAIVER.—Except as provided in this (B) refuse to sign the authorization. (2) refuse to sign the authorization. title, an individual’s authorization to sell (2) COPY TO THE INDIVIDUAL.—A noncovered (e) DOCUMENTATION.—A covered entity protected health information shall not be entity shall provide the individual with a shall retain such documentation as required construed as a waiver of any rights that the copy of the signed authorization. for any use, disclosure, or sale, as described individual has under other Federal or State (g) MODEL AUTHORIZATIONS.—The Sec- under section 403(d). laws, the rules of evidence, or common law. retary, after notice and opportunity for pub- (f) RESCISSION OF INDIVIDUALLY IDENTIFI- SEC. 403. AUTHORIZATION FOR SALE OF PRO- lic comment, shall develop and disseminate ABLE HEALTH INFORMATION REGULATION.—Ef- TECTED HEALTH INFORMATION. model written authorizations of the type defective as of December 28, 2000— (a) VALID AUTHORIZATION.—A valid author- scribed in this section and model statements (1) section 164.514(e) of title 45, Code of Fed- ization is a document that complies with all of the limitations on such authorizations. eral Regulations (relating to standards for requirements of this section. Such authoriza- Any authorization obtained on a model au- uses and disclosures of protected health in- tion may include additional information not thorization form developed by the Secretary formation for marketing), promulgated by required under this section, provided that pursuant to the preceding sentence shall be the Secretary of Health and Human Services such information is not inconsistent with deemed to satisfy the requirements of this in the final rule entitled ‘‘Standards for Pri- the requirements of this section. section. vacy of Individually Identifiable Health In- (b) DEFECTIVE AUTHORIZATION.—An author- (h) NONCOERCION.—A covered entity or non- formation’’ (65 Fed. Reg. 82462 (December 28, ization is not valid, if the document sub- covered entity shall not condition the pur- 2000)) is void; and mitted has any of the following defects: chase of a product or the provision of a serv- (2) section 164.514 shall take effect as if (1) The expiration date has passed or the ice to an individual based on whether such subsection (e) of such section had not been expiration event is known by the noncovered individual provides an authorization to such included in the promulgation of the final entity to have occurred. entity as described in this section. regulation. (2) The authorization has not been filled (g) NONCOERCION.—A covered entity or non- out completely, with respect to an element SEC. 404. PROHIBITION AGAINST RETALIATION. covered entity shall not condition the pur- described in subsections (e) and (f). A noncovered entity that collects pro- chase of a product or the provision of a serv- (3) The authorization is known by the non- tected health information, may not ad- ice to an individual based on whether such covered entity to have been revoked. versely affect another person, directly or in- individual provides an authorization to such (4) The authorization lacks an element re- directly, because such person has exercised a entity as described in this section. quired by subsections (e) and (f). right under this title, disclosed information (5) Any material information in the au- relating to a possible violation of this title, SEC. 406. RULE OF CONSTRUCTION. thorization is known by the noncovered enti- or associated with, or assisted, a person in Except for the provisions of section 405, all ty to be false. the exercise of a right under this title. requirements of this title shall not be con- (c) REVOCATION OF AUTHORIZATION.—An in- SEC. 405. PROHIBITION AGAINST MARKETING strued to impose any additional require- dividual may revoke an authorization pro- PROTECTED HEALTH INFORMATION. ments or in any way alter the requirements vided under this section at any time pro- (a) IN GENERAL.—Notwithstanding any imposed upon covered entities under parts vided that the revocation is in writing, ex- other provision of law, a covered entity or 160 through 164 of title 45, Code of Federal cept to the extent that the noncovered enti- noncovered entity shall not use, disclose, or Regulations. ty has taken action in reliance thereon. sell protected health information for mar- SEC. 407. REGULATIONS. (d) DOCUMENTATION.— keting without an authorization that is valid (a) IN GENERAL.—The Secretary shall pro- (1) IN GENERAL.—A noncovered entity must under subsection (c), except as provided in mulgate regulations implementing the provi- document and retain any signed authoriza- subsection (b). sions of this title. tion under this section as required under (b) EXCEPTION.—A health care provider (b) TIMEFRAME.—Not later than 1 year paragraph (2). may use or disclose protected health infor- after the date of enactment of this Act, the (2) STANDARD.—A noncovered entity shall, mation for marketing without an authoriza- Secretary shall publish proposed regulations if a communication is required by this title tion when it uses or discloses such informa- in the Federal Register. With regard to such to be in writing, maintain such writing, or tion to make a marketing communication to proposed regulations, the Secretary shall an electronic copy, as documentation. an individual if the communication occurs in provide an opportunity for submission of (3) RETENTION PERIOD.—A noncovered enti- a face-to-face encounter between the health comments by interested persons during a pe- ty shall retain the documentation required care provider and the individual. riod of not less than 90 days. Not later than

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6347 2 years after the date of enactment of this TITLE V—DRIVER’S LICENSE PRIVACY nothing in this Act shall be construed to pre- Act, the Secretary shall publish final regula- SEC. 501. DRIVER’S LICENSE PRIVACY. vent an attorney general of a State from ex- tions in the Federal Register. Section 2725 of title 18, United States Code, ercising the powers conferred on such attor- SEC. 408. ENFORCEMENT. is amended by striking paragraphs (2) and (3) ney general by the laws of that State to— (a) IN GENERAL.—A covered entity or non- and adding the following: (1) conduct investigations; covered entity that knowingly violates sec- ‘‘(2) ‘person’ means an individual, organiza- (2) administer oaths or affirmations; or tion 402 or 405 shall be subject to a civil tion, or entity, but does not include a State (3) compel the attendance of witnesses or money penalty under this section. or agency thereof; the production of documentary and other (b) AMOUNT.—The civil money penalty de- ‘‘(3) ‘personal information’ means informa- evidence. scribed in subsection (a) shall not exceed tion that identifies an individual, including (d) ACTIONS BY THE ATTORNEY GENERAL OF $100,000. In determining the amount of any an individual’s photograph, social security THE UNITED STATES.—In any case in which an penalty to be assessed, the Secretary shall number, driver identification number, name, action is instituted by or on behalf of the At- take into account the previous record of address (but not the 5-digit zip code), tele- torney General for violation of a practice compliance of the entity being assessed with phone number, medical or disability infor- that is prohibited under title I, II, IV, or V the applicable provisions of this title and the mation, any physical copy of a driver’s li- of this Act or under any amendment made by gravity of the violation. cense, birth date, information on physical such a title, no State may, during the pend- (c) ADMINISTRATIVE REVIEW.— characteristics, including height, weight, sex ency of that action, institute an action (1) OPPORTUNITY FOR HEARING.—The entity or eye color, or any biometric identifiers on under subsection (a) against any defendant assessed shall be afforded an opportunity for a license, including a finger print, but not in- named in the complaint in that action for a hearing by the Secretary upon request formation on vehicular accidents, driving violation of that practice. made within 30 days after the date of the violations, and driver’s status; and (e) VENUE; SERVICE OF PROCESS.— issuance of a notice of assessment. In such ‘‘(4) ‘highly restricted personal informa- (1) VENUE.—Any action brought under sub- hearing the decision shall be made on the tion’ means an individual’s photograph or section (a) may be brought in the district record pursuant to section 554 of title 5, image, social security number, medical or court of the United States that meets appli- United States Code. If no hearing is re- disability information, any physical copy of cable requirements relating to venue under quested, the assessment shall constitute a a driver’s license, driver identification num- section 1391 of title 28, United States Code. final and unappealable order. ber, birth date, information on physical (2) SERVICE OF PROCESS.—In an action (2) HEARING PROCEDURE.—If a hearing is re- characteristics, including height, weight, brought under subsection (a), process may be quested, the initial agency decision shall be sex, or eye color, or any biometric identifiers served in any district in which the defend- made by an administrative law judge, and on a license, including a finger print.’’. ant— such decision shall become the final order (A) is an inhabitant; or unless the Secretary modifies or vacates the TITLE VI—MISCELLANEOUS (B) may be found. decision. Notice of intent to modify or va- SEC. 601. ENFORCEMENT BY STATE ATTORNEYS SEC. 602. FEDERAL INJUNCTIVE AUTHORITY. cate the decision of the administrative law GENERAL. In addition to any other enforcement au- judge shall be issued to the parties within 30 (a) IN GENERAL.— thority conferred under this Act or under an days after the date of the decision of the (1) CIVIL ACTIONS.—In any case in which the amendment made by this Act, the Federal judge. A final order which takes effect under attorney general of a State has reason to be- Government shall have injunctive authority this paragraph shall be subject to review lieve that an interest of the residents of that with respect to any violation of any provi- only as provided under subsection (d). State has been or is threatened or adversely sion of title I, II, or IV of this Act or of any (d) JUDICIAL REVIEW.— affected by the engagement of any person in amendment made by such a title, without re- (1) FILING OF ACTION FOR REVIEW.—Any en- a practice that is prohibited under title I, II, gard to whether a public or private entity tity against whom an order imposing a civil or IV of this Act or under any amendment violates such provision. money penalty has been entered after an made by such a title, the State, as parens agency hearing under this section may ob- patriae, may bring a civil action on behalf of By Mrs. MURRAY (for herself, the residents of the State in a district court tain review by the United States district Mrs. BOXER, Ms. CANTWELL, Mr. court for any district in which such entity is of the United States of appropriate jurisdic- KENNEDY, Ms. LANDRIEU, Mr. located or the United States District Court tion to— for the District of Columbia by filing a no- (A) enjoin that practice; SCHUMER): tice of appeal in such court within 30 days (B) enforce compliance with such titles or S. 1056. A bill to authorize grants for from the date of such order, and simulta- such amendments; community telecommunications infra- neously sending a copy of such notice by reg- (C) obtain damage, restitution, or other structure planning, and for other pur- istered mail to the Secretary. compensation on behalf of residents of the poses; to the Committee on Commerce, (2) CERTIFICATION OF ADMINISTRATIVE State; or Science, and Transportation. RECORD.—The Secretary shall promptly cer- (D) obtain such other relief as the court Mrs. MURRAY. Mr. President, I rise tify and file in such court the record upon may consider to be appropriate. today to introduce legislation to help (2) NOTICE.— which the penalty was imposed. rural and underserved communities (3) STANDARD FOR REVIEW.—The findings of (A) IN GENERAL.—Before filing an action the Secretary shall be set aside only if found under paragraph (1), the attorney general of across the country get connected to to be unsupported by substantial evidence as the State involved shall provide to the At- the information economy. provided by section 706(2)(E) of title 5, torney General— Today I am introducing the Commu- United States Code. (i) written notice of the action; and nity Telecommunication Planning Act (4) APPEAL.—Any final decision, order, or (ii) a copy of the complaint for the action. of 2001. I am proud to have Senators judgment of the district court concerning (B) EXEMPTION.— BOXER, LANDRIEU, KENNEDY, CANTWELL, such review shall be subject to appeal as pro- (i) IN GENERAL.—Subparagraph (A) shall and SCHUMER as original cosponsors. vided in chapter 83 of title 28 of such Code. not apply with respect to the filing of an ac- This bill will give small and rural com- (e) FAILURE TO PAY ASSESSMENT; MAINTE- tion by an attorney general of a State under NANCE OF ACTION.— this subsection, if the State attorney general munities a new tool to attract high (1) FAILURE TO PAY ASSESSMENT.—If any en- determines that it is not feasible to provide speed services and economic develop- tity fails to pay an assessment after it has the notice described in such subparagraph ment. become a final and unappealable order, or before the filing of the action. I am especially proud at how this leg- after the court has entered final judgment in (ii) NOTIFICATION.—In an action described islation came about. Since last year, favor of the Secretary, the Secretary shall in clause (i), the attorney general of a State I’ve been working with a group of com- refer the matter to the Attorney General shall provide notice and a copy of the community leaders in Washington State to who shall recover the amount assessed by ac- plaint to the Attorney General at the same find ways to help communities get con- tion in the appropriate United States dis- time as the State attorney general files the nected to advanced telecommuni- trict court. action. (2) NONREVIEWABILITY.—In such action the (b) INTERVENTION.— cations services. validity and appropriateness of the final (1) IN GENERAL.—On receiving notice under I want to take a moment to thank order imposing the penalty shall not be sub- subsection (a)(2), the Attorney General shall the members of my Rural Tele- ject to review. have the right to intervene in the action communication Working Group for (f) PAYMENT OF PENALTIES.—Except as oth- that is the subject of the notice. their hard work on this bill. The mem- erwise provided, penalties collected under (2) EFFECT OF INTERVENTION.—If the Attor- bers include: Brent Bahrenburg, Gregg this section shall be paid to the Secretary ney General intervenes in an action under Caudell, Dee Christensen, Dave Danner, (or other officer) imposing the penalty and subsection (a), the Attorney General shall Louis Fox, Tami Garrow, Larry Hall, shall be available without appropriation and have the right to be heard with respect to until expended for the purpose of enforcing any matter that arises in that action. Rod Fleck, Ray King, Dale King, Terry the provisions with respect to which the pen- (c) CONSTRUCTION.—For purposes of bring- Lawhead, Dick Llarman, Jim Miller, alty was imposed. ing any civil action under subsection (a), Joe Poire, Skye Richendrfer, Jim

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6348 CONGRESSIONAL RECORD — SENATE June 14, 2001 Schmit, Fred Sexton, Ted Sprague, With these grants, communities will in Hawaii on the Big Island. I invite Barbara Tilly, Terry Vann, Ron be able to turn their desire for access you all to visit us for a truly remark- Yenney. into real access that can improve their able immersion in Hawaiian cultural We met as a working group, and we communities and strengthen their history, something very close to my held forums around the State that at- economies. This bill can open the door heart. tracted hundreds of people. We’ve for thousands of small and rural areas The proposed expansion has national tapped the ideas of experts, service pro- across our state to tap the potential of significance from an archaeological viders and people from across the State the information economy. I urge the and historical perspective. The archeo- who are working to get their commu- Senate to support this bill and I look logical resources are very important. nities connected. The result in this leg- forward to working with my colleagues They illustrate that the Ki‘ilae village islation, which I am proud to say is to see it passed. complex, with its numerous sites and part of Washington State’s contribu- features, represents one of the most tion to our national effort to wire all By Mr. AKAKA (for himself and complete assemblages of the coastal parts of our country. Mr. INOUYE): component of the ancient Kona field This bill addresses a real need in S. 1067. A bill to authorize the addi- system. This system was not just an many communities. While urban and tion of lands to Pu‘uhonua o Honaunau agricultural system utilized by the suburban areas have strong competi- National Historical Park in the State early Kona chiefs, it was a complex tion between telecommunications pro- of Hawaii, and for other purposes; to economic system that supported a viders, many small and rural commu- the committee on Energy and Natural dense population. Archaeological nities are far removed from the serv- Resources. records have shown that this system ices they need. We must ensure that all Mr. AKAKA. Mr. President, I rise allowed the Kona chiefs to become very communities have access to advanced today along with my colleague Senator powerful for a period of at least 200 telecommunications like high speed INOUYE to introduce legislation that is years and most likely supported the internet access. Just as yesterday’s in- important for the people of Hawaii, for growth and development of Kameha- frastructure was built of roads and the National Park Service, and for the meha the Great’s army and thereby bridges, today our infrastructure in- nation as a whole. I am offering legisla- contributed to his rise to power in the Hawaiian Islands. The cultural land- cludes advanced telecom services. Ad- tion that would allow expansion of the scape here includes not only residential vanced telecommunications can enrich boundaries of Pu‘uhonua o Honaunau features, but also religious, agricul- our lives through activities like dis- National Historical Park on the island tural and ceremonial sites. The unusu- tance-learning, and they can even save of Hawaii by 238 acres. These lands are ally high number of heiau is believed to lives through efforts like telemedicine. adjacent to and contiguous with the be an indication of the importance of The key is access. Access to these serv- park’s current boundaries. Pu‘uhonua o Honaunau National His- this area to the Hawaiian ruling class. ices is already turning some small Mr. President, the expansion of the companies in rural communities into torical Park preserves a site with great significance for Native Hawaiians, stu- park has widespread support from local international marketers of goods and communities and county officials. services. dents of history, archaeologists, and the people of Hawaii in general. It is There is a long history of study and Unfortunately, many small and rural analysis of expansion possibilities for communities are having trouble get- nestled along the coast of the island of Hawaii where, up until the early 19th the park. The 1977 Master Plan for the ting the access they need. Before areas Pu‘uhonua o Honaunau National His- century, Hawaiians who broke kapu or can take advantage of some of the help torical Park originally proposed one of the ancient laws against the and incentives that are out there, they boundary expansions in four contig- gods could avoid certain death by flee- need to work together and go through uous areas. Following the original mas- ing to this place of refuge or a community planning process. Com- ter plan, in 1992 the National Park ‘‘pu‘uhonua.’’ The offender would be munity plans identify the needs and Service conducted a feasibility study absolved by a priest and freed to leave. level of demand, create a vision for the for protecting adjacent lands through Defeated warriors and non-combatants future, and show what all the players boundary expansions. Then in August could also find refuge here during must do to meet the telecom needs of of last year, given the notification of their community for today and tomor- times of battle. The grounds just out- the recent land transaction between row. These plans take resources to de- side the wall that encloses the the McCandless Ranch and a private velop. This bill would provide those pu‘uhonua were home to several gen- development corporation, the NPS pre- funds. erations of powerful chiefs. The 182- pared a special report on the proposed Providers say they’re more likely to acre park was established in 1961 and park expansion to include the Ki‘ilae invest in an area if it has a plan that includes the pu‘uhonua and a complex village parcel. The Service held three makes a business case for the costly in- of archeological areas including temple well-attended community meetings on frastructure investment. Communities platforms, royal fishponds, holua (sled- the Big Island, with enthusiastic sup- want to provide them with that plan, ding tracks), and coastal village sites. port for the expansion. but they need help developing it. Un- The Haloe o Keawe temple and several The 238-acre expansion authorized by fortunately, many communities get other structures have been recon- this bill is the preferred option of the stuck on that first step. They don’t structed to provide visitors an under- NPS, although additional acres could have the resources to do the studies standing of life during the early days of potentially be acquired. The Ki‘ilae vil- and planning required to attract serv- the royal families. lage property meets the criterion of na- ice. So the members of my Working The park, on the famed Kona coast of tional significance for historical and Group came up with a solution: have the Big Island of Hawaii, is appreciated archaeological areas. The Trust for the federal government provide com- by Native Hawaiians and the general Public Land (TPL) is providing funds petitive grants that local communities public as a place where the story and for the appraisal of the property, and can use to develop their plans. I took history of native culture are inter- has indicated an interest in helping fa- that idea and put it into this bill. preted for all Americans. It is worth cilitate the expansion of the park. The When you think about it, it just mentioning that the National Park TPL financial assistance is a departure makes sense. Right now the federal Service oversees 384 units across the from their normal business practice, government already provides money to nation, including national parks, bat- and they made the decision to commit help communities plan other infra- tlefields, military parks, memorials, the funds in recognition of the unique structure improvements—everything monuments and historic trails. Of conservation values that this property from roads and bridges to wastewater these nearly 400 sites, there are only a presents for the National Park Service. facilities. The bill would provide rural handful of national historic parks that I submit for the RECORD a letter from and underserved communities with celebrate interpretations of contem- Mayor Harry Kim of the County of Ha- grant money for creating community porary native cultures. I am pleased waii which shows the depth of public plans, technical assessments and other that two of these parks, Pu‘uhonua o support and appreciation for the expan- analytical work that needs to be done. Honaunau and Kaloko-Honokohau, are sion, particularly from the Hawaiian

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6349 community. I ask unanimous consent will let me know if there is any way in which have been used as educational resources by that the letter and the text of the bill I can be of assistance. many Senators and staff; Whereas Bob has given parliamentary ad- be printed in the RECORD. A similar letter has been sent to the other There being no objection, the mate- members of our Congressional delegation. vice and guidance to numerous countries Aloha, around the globe on behalf of the Senate in- rial was ordered to be printed in the HARRY KIM, cluding but not limited to the newly formed RECORD, as follows: Mayor. Russian Federation; S. 1057 Whereas Bob Dove has been honored by the f Be it enacted by the Senate and the United States Senate with the title of Par- House of Representatives of the United STATEMENTS ON SUBMITTED liamentarian Emeritus; States of America in Congress assembled, RESOLUTIONS Whereas Robert Britton Dove retired on May 18, 2001, after 35 years of service to the SECTION 1. SHORT TITLE. United States Senate: Now, therefore, be it This Act may be cited as the ‘‘Pu‘uhonau o Resolved, That the United States Senate ¯ Honaunau National Historical Park Addition SENATE RESOLUTION 110—RELAT- commends Robert B. Dove for his exemplary Act of 2001’’. ING TO THE RETIREMENT OF service to the United States Senate and the ¯ SEC. 2. ADDITIONS TO PU‘UONAU O HONAUNAU SHARON ZELASKA, ASSISTANT Nation, and wishes to express its deep appre- NATIONAL HISTORICAL PARK. SECRETARY OF THE SENATE ciation and gratitude for his long, faithful, The first section of the Act of July 26, 1955 and outstanding service. (69 Stat. 376, ch. 385; 16 U.S.C. 397) is amend- Mr. LOTT (for himself and Mr. SEC. 2. The Secretary of the Senate shall ed— DASCHLE) submitted the following reso- transmit a copy of this resolution to Robert (1) by striking ‘‘That when’’ and inserting lution; which was considered and Britton Dove. ‘‘SECTION 1. (s) When’’; and agreed to: (2) by adding at the end thereof the fol- f S. RES. 110 lowing new subsections: SENATE RESOLUTION 112—HON- ‘‘(b) The boundaries of Pu‘uhonua o Whereas, on June 15, 2001, Sharon Zelaska ORING THE UNITED STATES Ho¯ naunau National Historical Park are here- will retire from service to the United States by modified to include approximately 238 Senate as the Assistant Secretary of the ARMY ON ITS 226TH BIRTHDAY acres of lands and interests therein within Senate after 41⁄2 years; Mr. ALLARD (for himself, Mrs. the area identified as ‘‘Parcel A’’ on the map Whereas, previously Sharon rendered ex- HUTCHISON, Mr. HAGEL, Mr. CLELAND, entitled ‘‘Pu‘uhonua o Ho¯ naunau National emplary service to the federal government as Mr. BOND, Mr. INHOFE, Mr. HUTCHINSON, Historical Park Proposed Boundary Addi- a staff member in the House of Representa- Mr. JEFFORDS, Mr. ROBERTS, Mr. REED, tions, Ki‘ilae Village’’, numbered PUHO–P tives for 111⁄2 years and in the Executive Mr. SMITH of New Hampshire, Mr. WAR- 415/82,013 and dated May, 2001. Branch for 4 years; ‘‘(c) The Secretary of the Interior is au- Whereas, throughout these years, she has NER, Mr. LEVIN, Ms. COLLINS, Mr. BUN- thorized to acquire approximately 159 acres at all times discharged the difficult duties NING, Mr. DAYTON, Mr. KENNEDY, Mr. of lands and interests therein within the and responsibilities of her office with ex- MCCAIN, Mr. ALLEN, Mr. THURMOND, area identified as ‘‘Parcel B’’ on the map ref- traordinary grace, efficiency and devotion; Mr. SANTORUM, Mr. SESSIONS, Ms. LAN- erenced in subsection (b). Upon the acquisi- and DRIEU, and Mr. DURBIN) submitted the tion of such lands or interests therein, the Whereas, Sharon Zelaska’s service to the following resolution; which was consid- Secretary shall modify the boundaries of Senate has been marked by her personal ered and agreed to: Pu‘uhonua o Ho¯ naunau National Historical commitment to the highest standards of ex- Park to include such lands or interests cellence to enable the Senate to function ef- S. RES. 112 therein.’’. fectively: Now, therefore, be it Whereas 226 years ago, the Continental SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Resolved, That Sharon Zelaska be and here- Army was formed with the goals of ending There is authorized to be appropriated by is commended for her outstanding service tyranny and winning freedom for the colo- such sums as may be necessary to carry out to her country and to the United States Sen- nists in what has become the United States this Act. ate. of America; SEC. 2. The Secretary of the Senate shall Whereas since the end of the American COUNTY OF HAWAII, transmit a copy of this resolution to Sharon Revolution, our Nation’s soldiers, imbued Hilo, HI, May 16, 2001. A. Zelaska. with the spirit of the original patriots, have pledged their allegiance to our Nation Hon. DANIEL AKAKA, f U.S. Senate, Hart Senate Office Building, through their sacrifices in uniform; Washington, DC. SENATE RESOLUTION 111—COM- Whereas all of the United States Army DEAR SENATOR AKAKA: The purpose of this MENDING ROBERT ‘‘BOB’’ DOVE units, Active, Guard, and Reserve, share the heritage of the Continental Army, and our letter is to request that you seek Congres- ON HIS SERVICE TO THE SENATE sional authorization to expand the bound- Nation’s soldiers represent the finest men aries of Pu‘u Honua O Ho¯ naunau National Mr. LOTT (for himself and Mr. and women our Nation has to offer; Park. DASCHLE) submitted the following reso- Whereas thousands of our Nation’s soldiers As I am sure you know, our local media lution; which was considered and stand guard around the globe ensuring our have given a good deal of attention to a de- agreed to: freedom and doing the tough jobs that main- velopment proposed on 800 acres adjacent to tain our way of life; Pu‘u Honua O Ho¯ naunau. The community, S. RES. 111 Whereas the United States Army is steeped particularly the Hawaiian community, has Whereas Robert Britton Dove began his in a proud tradition that dates back to June been outspoken in its desire to see this acre- service to the United States Senate in 1966 as 14, 1775, but is ever flexible and capable of re- age preserved and the park enhanced. Nu- Second Assistant Parliamentarian; sponding to a dynamic world; merous historic sites have been identified on Whereas ‘‘Bob Dove’’ continued his service Whereas the United States Army is trans- this acreage, some or all related to the an- to the United States Senate for 35 years cul- forming to meet the new demands of the 21st cient Hawaiian village of Ki‘ilae. minating in his appointment as the Parlia- century; My staff has spoken with Ms. Geri Bell, mentarian of the United States Senate; Whereas the United States Army will en- Park Superintendent, and she has said that Whereas throughout his tenure in the Sen- sure that the President, as Commander in at least 238 acres (out of the 800) are closely ate Bob Dove faithfully discharged the dif- Chief of the Armed Forces, continues to have linked to the park and associated with the ficult duties and responsibilities of Parlia- capable land forces to quickly and efficiently village of Ki‘ilae. Moreover, she has indi- mentarian of the United States Senate with deploy throughout the world to meet the na- cated that the owner of the land would will- great dedication, integrity and profes- tional security interests of the United ingly sell the 238 acres to the National Park. sionalism; States; The next step is Congressional authoriza- Whereas Bob Dove always performed his Whereas both in times of peace and war, tion. duties with unfailing good humor; throughout more than 2 centuries, our Na- The acquisition could be 238 acres, 800 Whereas throughout his service as Parlia- tion’s soldiers have been poised and ready to acres, or something in between, and I would mentarian Bob Dove advised the President of answer the call of duty to defend our great leave that determination to the experts to the Senate, as well as all Senators and staff Nation; and decide. However, your support for acquisi- on all questions of procedure in the Senate; Whereas the United States Army remains tion of at least the smaller portion would Whereas Senators and staff on both sides of the best fighting force in the world: unchal- allow for a valuable addition to the park and the aisle have been appreciative of the Insti- lenged, unparalleled, respected by their al- assure preservation of an important part of tutional and Historical knowledge that Bob lies, feared by their opponents, and esteemed our ancient Hawaiian heritage. brought to the office of the Parliamentarian; by the people of the United States: Now, I fully support the expansion of the park Whereas Bob has published a number of therefore, be it by acquisition of this acreage, and hope you documents regarding Senate process that Resolved, That the Senate—

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6350 CONGRESSIONAL RECORD — SENATE June 14, 2001 (1) honors the United States Army on its Mrs. BOXER. Mr. President, I rise on Environment and Development, known as 226th birthday; today to submit a resolution regarding the Earth Summit; (2) reflects on the great legacy the United the artwork of a woman named Dina Whereas local governments play a central States Army has given our Nation; and Babbitt. Mrs. Babbitt, who was born role in the development of communities that (3) expresses pride in our Nation’s soldiers’ Dinah Gottliebova, was an inmate at respect ecological integrity, promote social courage, dedication to duty, and selfless well-being, and create economic vitality by service to our Nation. Auschwitz during the Holocaust. Dur- developing and maintaining economic, so- ing her internment, she was forced by cial, and environmental infrastructures, f the notorious Dr. Joseph Mengele to overseeing local planning processes, estab- paint pictures of doomed inmates. Be- lishing local environmental policies and reg- SENATE CONCURRENT RESOLU- cause of her paintings, Ms. Babbitt and ulations, and assisting in implementing na- TION 49—URGING THE RETURN her mother were two of only 22 inmates tional environmental policies; OF PORTRAITS PAINTED BY who survived their internment at Whereas the city of Ann Arbor, Michigan is DINA BABBITT DURING HER IN- Auschwitz. a member of the ICLEI’s Cities for Climate TERNMENT AT AUSCHWITZ THAT Seven of the paintings were found at Protection, an association of over 300 local ARE NOW IN THE POSSESSION Auschwitz after the camp was liberated governments from around the world dedicated to developing sustainable community- OF THE AUSCHWITZ-BIRKENAU and were sold to the Polish State Mu- based solutions to local and global environ- STATE MUSEUM. seum in Osweicim. The museum con- mental problems; Mrs. BOXER (for herself and Mr. tacted Mrs. Babbitt in 1973 to inform Whereas the city of Ann Arbor, Michigan is her that they had the pieces, but re- SMITH of Oregon) submitted the fol- a designated Department of Energy Clean fused to relinquish them to her. She lowing concurrent resolution; which City in recognition of the city’s efforts to has been fighting with the museum purchase alternative fuel vehicles, build al- was referred to the Committee on For- since then to get her paintings back. ternative fuel infrastructure, and educate eign Relations. Mrs. Babbitt has a simple motivation the community about the use of alternative S. CON. RES. 49 for retrieving her paintings. The people fuel vehicles in order to enhance energy se- Whereas Dina Babbitt (formerly known as in the portraits became her friends, curity and environmental quality; Whereas the city of Ann Arbor, Michigan is Dinah Gottliebova), a United States citizen and they perished in the gas chambers. now in her late 70’s, has requested the return a member of the Environmental Protection The paintings are the only reminder Agency’s Green Lights Program and has ret- of watercolor portraits she painted while suf- she has of them and the internment fering a 11⁄2-year-long internment at the rofitted over 20 city buildings with energy ef- Auschwitz death camp during World War II; camp, as she has said, ‘‘everything else ficient lighting; Whereas Dina Babbitt was ordered to paint was taken from me.’’ Whereas the city of Ann Arbor, Michigan the portraits by the infamous war criminal Mrs. Babbitt, who now resides in the developed an innovative Municipal Energy Dr. Josef Mengele; United States, is in her late 70s. She Fund to improve the energy efficiency of Whereas Dina Babbitt’s life, and her moth- has fought for too long to have these city facilities and provide community dem- er’s life, were spared only because she paint- paintings returned. There is no doubt onstrations of energy saving and renewable ed portraits of doomed inmates of Ausch- that she painted these works and has a energy technologies that result in environ- witz-Birkenau, under orders from Dr. Josef mental stewardship and fiscal responsibility; moral right to have them in her posses- Whereas the city of Ann Arbor, Michigan Mengele; sion. This resolution urges the Presi- Whereas these paintings are currently in has an Energy Plan that reduces energy use the possession of the Auschwitz-Birkenau dent and the Secretary of State to and encourages renewable energy, a Solid State Museum; work with the Polish government and Waste Plan that encourages recycling, Whereas Dina Babbitt is unquestionably the Auschwitz-Birkenau museum to see composting, and source reduction, and a the rightful owner of the artwork, since the that the seven watercolors in question Transportation Plan that reduces traffic paintings were produced by her own talented are returned to their rightful owner. congestion and vehicle miles traveled hands as she endured the unspeakable condi- I hope that my colleagues will sup- through the implementation of mass transit tions that existed at the Auschwitz death port his resolution. and alternate transportation programs; camp; Whereas the Environmental Management f Whereas the artwork is not available for Team of the city of Ann Arbor, Michigan has the public to view at the Auschwitz- SENATE CONCURRENT RESOLU- a comprehensive program addressing envi- Birkenau State Museum and therefore this TION 50—RECOGNIZING THE IM- ronmental cleanup, environmental restora- unique and important body of work is essen- PORTANT CONTRIBUTION THAT tion, park and greenway development, en- tially lost to history; and ergy efficiency, transportation alternatives, LOCAL GOVERNMENTS MAKE TO parks, infill development, and waste water Whereas this continued injustice can be SUSTAINABLE DEVELOPMENT righted through cooperation between agen- management; cies of the United States and Poland: Now, AND ENSURING A VIABLE FU- Whereas the city of Ann Arbor, Michigan therefore, be it TURE FOR OUR PLANET was chosen from among 35 cities in North Resolved by the Senate (the House of Rep- Mr. LEVIN (for himself and Ms. STA- America to host the ICLEI’s U.S. and Cana- dian Municipal Leaders Rio+10 Preparatory resentatives concurring), That Congress— BENOW) submitted the following con- (1) recognizes the moral right of Dina Bab- Meeting; current resolution; which was referred Whereas the city of Ann Arbor, Michigan is bitt to obtain the artwork she created, and to the Committee on Environment and recognizes her courage in the face of the 1 of 6 cities worldwide selected to host a pre- evils perpetrated by the Nazi command of Public Works. paratory meeting for the 2002 World Summit; the Auschwitz-Birkenau death camp, includ- S. CON. RES. 50 and ing the atrocities committed by Dr. Josef Whereas the city of Ann Arbor, Michigan Whereas the University of Michigan and Mengele; was chosen by the International Council for the residents of the city of Ann Arbor, (2) urges the President to make all efforts Local Environmental Initiatives (in this con- Michigan are committed to communitywide necessary to retrieve the 7 watercolor por- current resolution referred to as the initiatives to support sustainable develop- traits Dina Babbitt painted, while suffering a ‘‘ICLEI’’) to host the U.S. and Canadian Mu- ment: Now, therefore, be it Resolved by the Senate (the House of Rep- 11⁄2-year-long internment at the Auschwitz nicipal Leaders Rio+10 Preparatory Meeting death camp, and return them to her; for the United Nations-sponsored 2002 World resentatives concurring), That Congress recog- (3) urges the Secretary of State to make Summit on Sustainable Development (in this nizes the city of Ann Arbor, Michigan and its immediate diplomatic efforts to facilitate concurrent resolution referred to as the residents for their dedication to building a the transfer of the 7 original watercolors ‘‘2002 World Summit’’); community that respects ecological integ- painted by Dina Babbitt from the Auschwitz- Whereas the ICLEI strives to build and rity, promotes social well-being, and creates Birkenau State Museum to Dina Babbitt, serve a worldwide movement of local govern- economic vitality. their rightful owner; ments to achieve tangible improvements in Mr. LEVIN. Mr. President, I and my (4) urges the Government of Poland to im- global environmental and sustainable devel- colleague from Michigan, Senator STA- mediately facilitate the return to Dina Bab- opment conditions through cumulative local BENOW, are submitting a resolution rec- bitt of the artwork painted by her that is actions; ognizing the City of Ann Arbor, Michi- now in the possession of the Auschwitz- Whereas the goals of the 2002 World Sum- gan and its residents for their dedica- Birkenau State Museum; and mit are to generate momentum toward sus- (5) urges the officials of the Auschwitz- tainable development and ensure a viable fu- tion to building a community that re- Birkenau State Museum to transfer the 7 ture for our planet; spects the environment, promotes so- original paintings to Dina Babbitt as expedi- Whereas the predecessor of the 2002 World cial well-being and creates economic tiously as possible. Summit was the United Nations Conference vitality. The City of Ann

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The 2002 World Summit Arbor, Michigan and its residents for to protect the environment, while at marks the ten-year anniversary of the their dedication to building a commu- the same time creating economic vital- United Nation’s Conference on Envi- nity that respects ecological integrity, ity and promoting social well-being. ronment and Development, better promotes social well-being, and creates f known as the Earth Summit. The economic vitality. Earth Summit, held in 1992 in Rio de On June 20, 2001, the City of Ann AMENDMENTS SUBMITTED AND Janeiro, Brazil, built wide political and Arbor, Michigan will be hosting the PROPOSED popular support for environmental pro- U.S. and Canadian Municipal Leaders SA 803. Mrs. BOXER proposed an amend- tection and sustainable development. Rio+10 Preparatory Meeting for the ment to amendment No. 562 submitted by Local leaders from across the world United Nations-sponsored 2002 World Mrs. BOXER and intended to be proposed to will gather at the 2002 World Summit Summit on Sustainable Development. the amendment No. 358 proposed by Mr. JEF- to assess progress and examine barriers The 2002 World Summit marks the ten- FORDS to the bill (S. 1) to extend programs and activities under the Elementary and to the implementation of the Rio year anniversary of the 1992 Earth agreements. The Summit and pre- Secondary Education Act of 1965. Summit, which helped build worldwide SA 804. Mr. KENNEDY (for himself and Mr. paratory meetings will generate new political and popular support for envi- GREGG) proposed an amendment to amend- momentum for and renew our commit- ronmental protection and sustainable ment No. 358 submitted by Mr. JEFFORDS and ment to ensuring a viable future for development. The 2002 World Summit intended to be proposed to the bill (S. 1) our planet. will help assess the progress made supra. In preparation for the 2002 World since the Earth Summit, and renew our f Summit, the International Council for commitment to providing a bright fu- TEXT OF AMENDMENTS Local Environmental Initiatives ture for our planet. (ICLEI) is convening regional meetings The City of Ann Arbor was chosen SA 803. Mrs. BOXER proposed an to bring together local government from among 35 cities in North America amendment to amendment No. 562 sub- leaders, technical experts and rep- to host the U.S. and Canadian Munic- mitted by Mrs. BOXER and intended to resentatives of local government asso- ipal Leaders Rio+10 Preparatory Meet- be proposed to the amendment No. 358 ciations to evaluate local implementa- ing, and is one of six cities worldwide proposed by Mr. JEFFORDS to the bill tion of the Earth Summit’s Agenda 21 selected to host a preparatory meeting (S. 1) to extend programs and activities and the Rio Conventions. The City of for the 2002 World Summit. The pre- under the Elementary and Secondary Ann Arbor was one of six cities world- paratory meeting will bring together Education Act of 1965; as follows: wide chosen to host a preparatory local government leaders, technical ex- In lieu of the matter proposed to be in- meeting to assess opportunities and perts and representatives of local gov- serted insert the following: recommend strategies for accelerated SEC. 1. SHORT TITLE. action for sustainable development at ernment associations to examine opportunities and recommend strategies This title may be cited as the ‘‘Equal Ac- the local level. Ann Arbor serves as a cess to Public School Facilities Act.’’ model for the important contributions for environmental protection and sustainable development at the local SEC. 2. EQUAL ACCESS. that local governments make to sus- IN GENERAL.—No public elementary school, tainable development. Committed to level. The City of Ann Arbor has had nu- public secondary school, local educational protecting the environment while pro- agency, or State educational agency, may moting social well-being and economic merous environmental accomplish- deny equal access or a fair opportunity to vitality, the city is purchasing alter- ments, and serves as a shining example meet after school in a designated open forum native fuel vehicles, building alter- of how local government can make tre- to any youth group, including the Boy native fuel infrastructure and edu- mendous contributions to solving local Scouts of America, based on that group’s fa- cating residents about the use of alter- and global environmental problems. vorable or unfavorable position concerning sexual orientation. native fuel vehicles in order to enhance The City of Ann Arbor has developed energy security and environmental an Energy Plan that reduces energy use and encourages renewable energy, a SA 804. Mr. KENNEDY (for himself quality. The city is also developing an and Mr. GREGG) proposed an amend- innovative Municipal Energy Fund to Solid Waste Plan that encourages recycling, composting, and source reduc- ment to amendment No. 358 submitted improve the energy efficiency of city by Mr. JEFFORDS and intended to be facilities and provide community dem- tion, and a Transportation Plan that promotes mass transit and alternate proposed to the bill (S. 1) to extend onstrations of energy saving and re- programs and activities under the Ele- newable energy technologies that re- transportation programs. Ann Arbor is also a Department of Energy Clean mentary and Secondary Education Act sult in environmental stewardship and of 1965; as follows: fiscal responsibility. For these reasons, City, in recognition of its efforts to On page 18, line 14, strike ‘‘, provide’’ and the city is designated an ICLEI’s City build alternative fuel infrastructure, purchase alternative fuel vehicles and all that follows through page 18, line 17, and for Climate Protection and a Depart- insert ‘‘provide, on an equitable basis, such ment of Energy Clean City. Protecting educate the community about their children special educational services or precious land resources and ensuring uses. The city is also developing an in- other benefits under such program, and pro- clean air and water for residents are novative Municipal Energy Fund to im- vide their teachers and other education per- also important priorities of the city. prove the energy efficiency of city fa- sonnel serving such children training and Ann Arbor has a comprehensive pro- cilities and provide community dem- professional development services under gram addressing environmental clean- onstrations of energy saving and re- such program.’’. up and restoration, park and greenway newable energy technologies that re- On page 19, between lines 19 and 20, insert sult in environmental stewardship and the following: development, energy efficiency, trans- ‘‘(A) subpart 2 of part B of title I; portation alternatives, infill develop- fiscal responsibility. The City of Ann On page 19, line 20, strike ‘‘(A)’’ and insert ment and wastewater management. Arbor has made protecting the environ- ‘‘(B)’’. I congratulate all the local leaders ment a community priority, and serves On page 19, line 21, strike ‘‘(B)’’ after ‘‘A’’. who will be attending the U.S. and Ca- as a model of how local governments On page 19, line 21, strike ‘‘(B)’’ and insert nadian Municipal Leaders Rio+10 Pre- can play a critical role in sustainable ‘‘(C)’’. paratory Meeting. Their cumulative development. On page 19, line 22, strike ‘‘(C)’’ and insert local actions will improve our global I congratulate the City of Ann Arbor ‘‘(D)’’. environment. And, I commend the City for the honor of being chosen as one of On page 19, line 23, strike ‘‘(D)’’ and insert ‘‘(E)’’. of Ann Arbor, its residents and the Uni- six cities worldwide to host a pre- On page 69, line 18, strike the end versity of Michigan for building a com- paratory meeting for the 2002 World quotation marks and the second period. munity that strives to protect our en- Summit, and I congratulate all the On page 69, between lines 18 and 19, insert vironment for future generations. local leaders who will be attending this the following:

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‘‘(m) VOLUNTARY PARTNERSHIPS.—A State On page 325, line 23, insert ‘‘and principals’’ (B) curricular development; and may enter into a voluntary partnership with after ‘‘teachers’’. (C) technology resources and systems for another State to develop and implement the On page 348, line 8, strike ‘‘and’’ after the the purpose of establishing best practices assessments and standards required under semicolon. that can be widely implemented by the State this section.’’. On page 348, line 15, strike the period and and local educational agencies.’’. On page 300, line 24, strike ‘‘(2) and (3)’’ and insert ‘‘; and’’. On page 13 of SA#484, strike ‘‘and’’ on line insert ‘‘(3) and (4)’’. On page 348, between lines 15 and 16, insert 6 and strike the period after ‘‘students’’ on On page 300, line 24, strike ‘‘and’’ after the the following: line 9. semicolon. ‘‘(5) a description of how the State edu- On page 13 of SA#484, add ‘‘; and’’ after On page 301, line 1, strike ‘‘paragraph (2)’’ cational agency and local educational agen- ‘‘students’’. cy in the eligible partnership will comply and insert ‘‘paragraph (3)’’. On page 13 of SA#484, insert the following On page 301, between lines 2 and 3, insert with section 6 (regarding participation by between lines 9 and 10: the following: private school children and teachers). ‘‘(8) acquiring connectivity linkages, re- ‘‘(1) the term ‘homeless children and On page 369, line 13, strike ‘‘and’’ after the sources, and services, including the acquisi- youth’— semicolon. tion of hardware and software, for use by ‘‘(A) means individuals who lack a fixed, On page 369, between lines 13 and 14, insert teachers, students, academic counselors, and regular, and adequate nighttime residence the following: school library media personnel in the class- (within the meaning of section 103(a)(1)); and ‘‘(3) contains an assurance that the State room, in academic and college counseling ‘‘(B) includes— educational agency will comply with section centers, or in school library media centers, ‘‘(i) children and youth who are sharing 6 (regarding participation by private school in order to improve student academic the housing of other persons due to loss of children and teachers). achievement and student performance.’’. housing, economic hardship, or a similar rea- On page 369, line 14, strike ‘‘(3)’’ and insert son, are living in motels, hotels, trailer ‘‘(4)’’. On page 6 of SA#441, line 12, add ‘‘ap- parks, or camping grounds due to the lack of On page 373, line 10, strike ‘‘and’’. proaches’’ after ‘‘available’’. alternative adequate accommodations, are On page 373, between lines 10 and 11, insert On page 579, line 25, insert after ‘‘person’’, living in emergency or transitional shelters, the following: ‘‘receiving funds pursuant to this Act,’’. are abandoned in hospitals, or are awaiting ‘‘(10) a description of how the local edu- On page 580, line 8, after ‘‘person’’, insert foster care placement; cational agency will comply with section 6 ‘‘receiving funds pursuant to this Act.’’. ‘‘(ii) children and youth who have a pri- (regarding participation by private school On page 582, line 25, after ‘‘exceed’’, insert mary nighttime residence that is a public or children and teachers). ‘‘fifty percent’’. On page 373, line 11, strike ‘‘(10)’’ and insert private place not designed for or ordinarily On page 582, line 1, after ‘‘received’’, insert ‘‘(11)’’. used as a regular sleeping accommodation ‘‘under the Better Education for Students On page 708, line 3, insert ‘‘(including as- for human beings (within the meaning of sec- and Teachers Act’’. surances of compliance with applicable pro- tion 103(a)(2)(C)); and On page 138, line 9, strike ‘‘according to’’ visions regarding participation by private ‘‘(iii) children and youth who are living in and insert ‘‘taking into consideration’’. school children and teachers)’’ before the cars, parks, public spaces, abandoned build- On page 4 of amendment No. 370, line 1, comma. strike ‘‘1,500’’ and insert ‘‘1,000’’. ings, substandard housing, bus or train sta- On page 764, line 25, strike ‘‘and’’ after the On page 521, between lines 18 and 19, insert tions, or similar settings; and semicolon; ‘‘(C) migratory children (as such term is On page 765, line 6, strike the period and the following: defined in section 1309(2) of the Elementary insert ‘‘; and’’. SEC. 405. AMENDMENT TO THE INDIVIDUALS and Secondary Education Act of 1965) who On page 765, between lines 6 and 7, insert WITH DISABILITIES EDUCATION qualify as homeless for the purposes of this the following: ACT. subtitle because the children are living in ‘‘(D) parents of children from birth Part D of the Individuals with Disabilities circumstances described in this paragraph; through age 5. Education Act (20 U.S.C. 1451 et seq.) is (2) The terms enroll and enrollment in- On page 765, between lines 10 and 11, insert amended by adding at the end the following: clude attending classes and participating the following: ‘‘Chapter 3—Improving Early Intervention, fully in school activities. ‘‘(c) CONSTRUCTION.—Nothing in this sec- Educational, and Transitional Services and On page 301, line 3, strike ‘‘(1)’’ and insert tion shall be construed to prohibit a parental Results for Children with Disabilities ‘‘(2)’’. information and resource center from— Through the Provision of Certain Services On page 301, line 6, strike the period and ‘‘(1) having its employees or agents meet insert a semicolon. with a parent at a site that is not on school ‘‘SEC. 691. FINDINGS. On page 301, between lines 6 and 7, insert grounds; or ‘‘Congress makes the following findings: the following: ‘‘(2) working with another agency that ‘‘(1) Approximately 1,000,000 children and (3) in paragraph (3) (as so redesignated), by serves children. youth in the United States have low-inci- striking ‘‘and’’ after the semicolon; On page 766, line 6, insert ‘‘, who shall con- dence disabilities which affects the hearing, (4) in paragraph (4) (as so redesignated), by stitute a majority of the members of the spe- vision, movement, emotional, and intellec- striking the period and inserting ‘‘; and’’; cial advisory committee’’ after tual capabilities of such children and youth. and ‘‘6101(b)(1)(A)’’. ‘‘(2) There are 15 States that do not offer or (5) by adding at the end the following: Amendment to SA505, Page 6: Delete lines maintain teacher training programs for any ‘‘(5) the term ‘unaccompanied youth’ in- 12 through 18 and insert: ‘‘each school shall of the 3 categories of low-incidence disabil- cludes a youth not in the physical custody of be determined by the tribal governing body, ities. The 3 categories are deafness, blind- a parent or guardian.’’. or the school board, if authorized by the trib- ness, and severe disabilities. On page 315, line 15, insert ‘‘principals,’’ al governing body’’. ‘‘(3) There are 38 States in which teacher after ‘‘teachers,’’. On page 774, line 14, strike from training programs are not offered or main- On page 316, between lines 20 and 21, insert 6201(a)(2)(A)(i) the phrase: ‘‘economically dis- tained for 1 or more of the 3 categories of the following: advantaged students and of students who are low-incidence disabilities. ‘‘(12) An assurance that the State edu- racial and ethnic minorities’’ and replace it ‘‘(4) The University of Northern Colorado cational agency will comply with section 6 with ‘‘any of the categories of students listed is in a unique position to provide expertise, (regarding participation by private school in section 1111(b)(2)(B)(v)(II)’’. materials, and equipment to other schools children and teachers). On page 777, line 15, strike from and educators across the nation to train cur- On page 319, between lines 19 and 20, insert 6202(a)(2)(B) the phrase: ‘‘students who are rent and future teachers to educate individ- the following: racial and ethnic minorities, and economi- uals that are challenged by low-incidence ‘‘(12) Fulfilling the State’s responsibilities cally disadvantaged students,’’ and replace it disabilities. concerning proper and efficient administra- with: ‘‘any of the categories of students list- tion of the program carried out under this ‘‘SEC. 692. NATIONAL CENTER FOR LOW-INCI- ed in section 1111(b)(2)(B)(v)(II)’’. DENCE DISABILITIES. part. On page 9 of SA#484, line 15, strike ‘‘365’’ ‘‘In order to fill the national need for On page 323, line 16, insert ‘‘and principals’’ and insert ‘‘1 of SA#545’’ and delete ‘‘10’’ and after ‘‘teachers’’. teachers trained to educate children who are insert ‘‘7’’. challenged with low-incidence disabilities, On page 324, lines 7 and 8, insert ‘‘, prin- On page 10 of SA#484, line 20, strike ‘‘and’’. the University of Northern Colorado shall be cipals,’’ after ‘‘teachers’’. On page 11 of SA#484, line 15, strike the pe- designated as a National Center for Low-In- On page 324, between lines 10 and 11, insert riod after ‘‘ance’’. the following: On page 11 of SA#484, line 15, add ‘‘; and’’ cidence Disabilities. ‘‘(11) An assurance that the local edu- after ‘‘ance’’. ‘‘SEC. 693. SPECIAL EDUCATION TEACHER TRAIN- cational agency will comply with section 6 On page 11 of SA#484, add the following be- ING PROGRAMS. (regarding participation by private school tween lines 15 and 16: ‘‘(a) GRANT.—The Secretary shall award a children and teachers). ‘‘(6) outlines how the plan incorporates— grant to the University of Northern Colorado On page 325, line 20, insert ‘‘and principals’’ (A) teacher education and professional de- to enable such University to provide to insti- after ‘‘teachers’’. velopment; tutions of higher education across the nation

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6353 such services that are offered under the spe- crease in the awareness by young people of (1) in the second sentence of subsection (i), cial education teacher training program car- the nature and importance of the accom- by striking ‘‘25 percent’’ and inserting ‘‘15 ried out by such University, such as pro- plishments of those who have served in our percent’’; and viding educational materials or other infor- Armed Forces, despite the current edu- (2) by adding at the end the following: mation necessary in order to aid in such cational efforts of the Department of Vet- ‘‘(j) LOBBYING ACTIVITIES.—A grant under teacher training. erans Affairs and the veterans service orga- this section may not be used to support a ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— nizations. lobbying activity (as described in the docu- There are authorized to be appropriated to (6) Our system of civilian control of the ments issued by the Office of Management carry out this section, $2,000,000 for fiscal Armed Forces makes it essential that the and Budget and designated as OMB Circulars year 2002, and $1,000,000 for each of the fiscal Nation’s future leaders understand the his- No. A–21 and No. A–122). years 2003 through 2005.’’. tory of military action and the contributions ‘‘(k) GUIDANCE REVIEW.—Before the Admin- At the end, add the following: and sacrifices of those who conduct such ac- istrator issues any guidance to grant appli- SEC. ll. FEDERAL INCOME TAX INCENTIVE tions. cants, the guidance shall be reviewed and ap- STUDY. (7) Senate Resolution 304 of the 106th Con- proved by the Science Advisory Board of the (a) IN GENERAL.—The Secretary of Edu- gress, adopted on September 25, 2000, des- Agency established by section 8 of the Envi- cation shall provide for the conduct of a ignated the week that includes Veterans Day ronmental Research, Development, and Dem- study to examine whether Federal income as ‘‘National Veterans Awareness Week’’ to onstration Authorization Act of 1978 (42 tax incentives that provide education assist- focus attention on educating elementary and U.S.C. 4365).’’. ance affect higher education tuition rates. secondary school students about the con- SEC. 4. JOHN H. CHAFEE MEMORIAL FELLOW- (b) DATE.—The study described in sub- tributions of veterans to the Nation. SHIP PROGRAM. section (a) shall be conducted not later than (b) SENSE OF CONGRESS.—It is the sense of (a) IN GENERAL.—Section 7 of the John H. 6 months after the date of enactment of this the Congress that— Chafee Environmental Education Act (20 Act and every 4 years thereafter. the Secretary of Education should work U.S.C. 5506) is amended to read as follows: (c) REPORT.—The Secretary shall report to with the Secretary of Veterans Affairs, the Congress the results of each study conducted ‘‘SEC. 7. JOHN H. CHAFEE MEMORIAL FELLOW- Veterans Day National Committee, and the SHIP PROGRAM. under this section. veterans service organizations to encourage, ‘‘(a) ESTABLISHMENT.—There is established At the appropriate place insert the fol- prepare, and disseminate educational mate- the John H. Chafee Memorial Fellowship lowing: rials and activities for elementary and sec- Program for the award and administration of SEC. ll. CARL D. PERKINS VOCATIONAL AND ondary school students aimed at increasing 5 annual 1-year higher education fellowships TECHNICAL EDUCATION ACT OF awareness of the contributions of veterans to 1998. in environmental sciences and public policy, the prosperity and freedoms enjoyed by to be known as ‘John H. Chafee Fellowships’. (a) IN GENERAL.—Section 117 of the Carl D. United States citizens. Perkins Vocational and Technical Education ‘‘(b) PURPOSE.—The purpose of the John H. On page 893, after line 14, add the fol- Chafee Memorial Fellowship Program is to Act of 1998 (20 U.S.C. 2327) is amended— lowing: (1) in subsection (a), by inserting ‘‘that are stimulate innovative graduate level study SEC. ll. TECHNICAL AMENDMENT TO THE KIDS and the development of expertise in complex, not receiving Federal support under the 2000 ACT. Tribally Controlled College or University As- relevant, and important environmental Amounts appropriated pursuant to section issues and effective approaches to addressing sistance Act of 1978 (25 U.S.C. 1801 et seq.) or 112(f)(1) of the Kids 2000 Act (42 U.S.C. 13751 the Navajo Community College Act (25 those issues through organized programs of note) and the initiative to be carried out guided independent study and environmental U.S.C. 640a et seq.)’’ after ‘‘institutions’’; under such Act shall be administered by the (2) in subsection (b), by adding ‘‘institu- research. Secretary of Education. ‘‘(c) AWARD.—Each John H. Chafee Fellow- tional support of’’ after ‘‘for’’; At the appropriate place, insert: (3) in subsection (d), by inserting ‘‘that is ship shall— SECTION 1. SHORT TITLE. not receiving Federal support under the ‘‘(1) be made available to individual can- (a) THIS ACT.—This Act may be cited as the Tribally Controlled College or University As- didates through a sponsoring institution and ‘‘John H. Chafee Environmental Education sistance Act of 1978 (25 U.S.C. 1801 et seq.) or in accordance with an annual competitive Act of 2001’’. the Navajo Community College Act (25 selection process established under sub- (b) NATIONAL ENVIRONMENTAL EDUCATION U.S.C. 640a et seq.)’’ after ‘‘institution’’; and section (f)(3); and ACT.—Section 1(a) of the National Environ- (4) in subsection (e)(1)— ‘‘(2) be in the amount of $25,000. mental Education Act (20 U.S.C. 5501 note) is ‘‘(d) FOCUS.—Each John H. Chafee Fellow- (A) by striking ‘‘and’’ at the end of sub- amended by striking ‘‘National Environ- paragraph (B); ship shall focus on an environmental, nat- mental Education Act’’ and inserting ‘‘John ural resource, or public health protection (B) by striking the period at the end of H. Chafee Environmental Education Act’’. subparagraph (C) and inserting ‘‘; and’’; and issue that a sponsoring institution deter- (C) by adding at the end the following: SEC. 2. OFFICE OF ENVIRONMENTAL EDUCATION. mines to be appropriate. ‘‘(D) institutional support of vocational Section 4 of the John H. Chafee Environ- ‘‘(e) SPONSORING INSTITUTIONS.—The John and technical education.’’. mental Education Act (20 U.S.C. 5503) is H. Chafee Fellowships may be applied for amended— (b) EFFECTIVE DATE.— through any sponsoring institution. (1) in subsection (b)— (1) IN GENERAL.—The amendments made by ‘‘(f) PANEL.— subsection (a) shall take effect on the date of (A) in paragraph (1), by inserting ‘‘objec- ‘‘(1) IN GENERAL.—The National Environ- enactment of this Act. tive and scientifically sound’’ after ‘‘sup- mental Education Advisory Council estab- port’’; (2) APPLICATION.—The amendments made lished by section 9(a) shall administer the by subsection (a) shall apply to grants made (B) by striking paragraph (6); John H. Chafee Fellowship Panel. for fiscal year 2001 only if this Act is enacted (C) by redesignating paragraphs (7) ‘‘(2) MEMBERSHIP.—The Panel shall consist before September 30, 2001. through (13) as paragraphs (6) through (12), of 5 members, appointed by a majority vote At the end, add the following: respectively; and of members of the National Environmental (D) in paragraph (12) (as so redesignated), SEC. 902. SENSE OF CONGRESS ON ENHANCING Education Advisory Council, of whom— AWARENESS OF THE CONTRIBU- by inserting before the period at the end the ‘‘(A) 2 members shall be professional edu- TIONS OF VETERANS TO THE NA- following: ‘‘through the headquarters and cators in higher education; TION. the regional offices of the Agency’’; and ‘‘(B) 2 members shall be environmental sci- (a) FINDINGS.—Congress makes the fol- (2) by striking subsection (c) and inserting entists; and lowing findings the following: ‘‘(C) 1 member shall be a public environ- (1) Tens of millions of Americans have ‘‘(c) STAFF.—The Office of Environmental mental policy analyst. served in the Armed Forces of the United Education shall— ‘‘(3) DUTIES.—The Panel shall— States during the past century. ‘‘(1) include a headquarters staff of not ‘‘(A) establish criteria for a competitive se- (2) Hundreds of thousands of Americans more than 10 full-time equivalent employees; lection process for recipients of John H. have given their lives while serving in the and Chafee Fellowships; Armed Forces during the past century. ‘‘(2) be supported by 1 full-time equivalent ‘‘(B) receive applications for John H. (3) The contributions and sacrifices of the employee in each regional office of the Agen- Chafee Fellowships; and men and women who served in the Armed cy. ‘‘(C) annually review applications and se- Forces have been vital in maintaining our ‘‘(d) ACTIVITIES.—The Administrator may lect recipients of John H. Chafee Fellow- freedoms and way of life. carry out the activities described in sub- ships. (4) The advent of the all-volunteer Armed section (b) directly or through awards of ‘‘(g) DISTRIBUTION OF FUNDS.—The amount Forces has resulted in a sharp decline in the grants, cooperative agreements, or con- of each John H. Chafee Fellowship shall be number of individuals and families who have tracts.’’. provided directly to each recipient selected had any personal connection with the Armed SEC. 3. ENVIRONMENTAL EDUCATION GRANTS. by the Panel upon receipt of a certification Forces. Section 6 of the John H. Chafee Environ- from the recipient that the recipient will ad- (5) This reduction in familiarity with the mental Education Act (20 U.S.C. 5505) is here to a specific and detailed plan of study Armed Forces has resulted in a marked de- amended— and research.

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‘‘(h) FUNDING.—From amounts made avail- (1) in subsection (b)(2)— 5509(b)(1)(A)) is amended in the first sentence able under section 13(b)(1)(C) for each fiscal (A) by striking ‘‘(2) The’’ and all that fol- by striking ‘‘13’’ and inserting ‘‘19’’. year, the Office of Environmental Education lows through the end of the second sentence (c) ACKNOWLEDGMENT OF DONORS.—Section shall make available— and inserting the following: 10(d) of the John H. Chafee Environmental ‘‘(1) $125,000 for John H. Chafee Memorial ‘‘(2) MEMBERSHIP.— Education Act (20 U.S.C. 5509(d)) is amended Fellowships; and ‘‘(A) IN GENERAL.—The Advisory Council by striking paragraph (3) and inserting the ‘‘(2) $12,500 to pay administrative expenses shall consist of not more than 11 members following: incurred in carrying out the John H. Chafee appointed by the Administrator after con- ‘‘(3) ACKNOWLEDGMENT OF DONORS.—The Memorial Fellowship Program.’’. sultation with the Secretary. Foundation may acknowledge receipt of do- (b) DEFINITIONS.—Section 3 of the John H. ‘‘(B) REPRESENTATIVES OF SECTORS.—To the nations by means of a listing of the names of Chafee Environmental Education Act (20 maximum extent practicable, the Adminis- donors in materials distributed by the Foun- U.S.C. 5502) is amended— trator shall appoint to the Advisory Council dation, except that any such acknowledg- (1) in paragraph (12), by striking ‘‘and’’ at at least 2 members to represent each of— ment— the end; ‘‘(i) elementary schools and secondary ‘‘(A) shall not appear in educational mate- (2) in paragraph (13), by striking the period schools; rial presented to students; and at the end and inserting a semicolon; and ‘‘(ii) colleges and universities; ‘‘(B) shall not identify a donor by means of (3) by adding at the end the following: ‘‘(iii) not-for-profit organizations involved a logo, letterhead, or other corporate com- ‘‘(14) ‘Panel’ means the John H. Chafee Fel- in environmental education; mercial symbol, slogan, or product.’’. lowship Panel established under section 7(f); ‘‘(iv) State departments of education and (d) ADMINISTRATIVE SERVICES AND SUP- ‘‘(15) ‘sponsoring institution’ means an in- natural resources; and PORT.—Section 10(e) of the John H. Chafee stitution of higher education;’’. ‘‘(v) business and industry.’’; Environmental Education Act (20 U.S.C. (c) CONFORMING AMENDMENT.—The table of (B) in the third sentence, by striking ‘‘A 5509(e)) is amended in the first sentence by contents in section 1(b) of the John H. representative’’ and inserting the following: striking ‘‘for a period of up to 4 years from Chafee Environmental Education Act (20 ‘‘(C) REPRESENTATIVE OF THE SECRETARY.— the date of enactment of this Act,’’. U.S.C. prec. 5501) is amended by striking the A representative’’; and SEC. 8. THEODORE ROOSEVELT ENVIRONMENTAL item relating to section 7 and inserting the (C) in the last sentence, by striking ‘‘The STEWARDSHIP GRANT PROGRAM. following: conflict’’ and inserting the following: (a) IN GENERAL.—The John H. Chafee Envi- ‘‘Sec. 7. John H. Chafee Memorial Fellow- ‘‘(D) CONFLICTS OF INTEREST.—The con- ronmental Education Act is amended— ship Program.’’. flict’’; (1) by redesignating section 11 (20 U.S.C. SEC. 5. NATIONAL ENVIRONMENTAL EDUCATION (2) in subsection (c), by striking paragraph 5510) as section 13; and AWARDS. (2) and inserting the following: (2) by inserting after section 10 the fol- (a) IN GENERAL.—Section 8 of the John H. ‘‘(2) MEMBERSHIP.—Membership on the lowing: Chafee Environmental Education Act (20 Task Force shall be open to representatives ‘‘SEC. 11. THEODORE ROOSEVELT ENVIRON- U.S.C. 5507) is amended to read as follows: of any Federal agency actively engaged in MENTAL STEWARDSHIP GRANT PRO- ‘‘SEC. 8. NATIONAL ENVIRONMENTAL EDUCATION environmental education.’’; and GRAM. ‘‘(a) ESTABLISHMENT.— AWARDS. (3) in subsection (d), by striking ‘‘(d)(1)’’ ‘‘(1) IN GENERAL.—There is established a ‘‘(a) PRESIDENT’S ENVIRONMENTAL YOUTH and all that follows through ‘‘(2) The’’ and grant program to be known as the ‘Theodore AWARDS.—The Administrator may establish inserting the following: Roosevelt Environmental Stewardship Grant a program for the granting and administra- ‘‘(d) MEETINGS AND REPORTS.— Program’ (referred to in this section as the tion of awards, to be known as ‘President’s ‘‘(1) IN GENERAL.—The Advisory Council Environmental Youth Awards’, to young shall— ‘Program’) for the award and administration people in grades kindergarten through 12 to ‘‘(A) hold biennial meetings on timely of grants to consortia of institutions of high- recognize outstanding projects to promote issues regarding environmental education; er education to pay the Federal share of the local environmental awareness. and cost of carrying out collaborative student, ‘‘(b) TEACHERS’ AWARDS.— ‘‘(B) issue a report describing the pro- campus, and community-based environ- ‘‘(1) IN GENERAL.—The Chairman of the ceedings of each meeting and recommenda- mental stewardship activities. Council on Environmental Quality, on behalf tions resulting from the meeting. ‘‘(2) FEDERAL SHARE.—The Federal share of the President, may establish a program shall be 75 percent. ‘‘(2) REVIEW AND COMMENT ON DRAFT RE- for the granting and administration of ‘‘(b) PURPOSE.—The purpose of the Pro- PORTS.—The’’. awards to recognize— gram is to build awareness of, encourage ‘‘(A) teachers in elementary schools and SEC. 7. NATIONAL ENVIRONMENTAL LEARNING commitment to, and promote participation FOUNDATION. secondary schools who demonstrate excel- in environmental stewardship— (a) CHANGE IN NAME.— lence in advancing objective and scientif- ‘‘(1) among students at institutions of (1) IN GENERAL.—Section 10 of the John H. ically sound environmental education Chafee Environmental Education Act (20 higher education; and through innovative approaches; and U.S.C. 5509) is amended— ‘‘(2) in the relationship between— ‘‘(B) the local educational agencies of the (A) by striking the section heading and in- ‘‘(A) such students and campuses; and recognized teachers. serting the following: ‘‘(B) the communities in which the stu- ‘‘(2) ELIGIBILITY.—One teacher, and the dents and campuses are located. ‘‘SEC. 10. NATIONAL ENVIRONMENTAL LEARNING ‘‘(c) AWARD.—Grants under the Program local education agency employing the teach- FOUNDATION.’’; shall be made available to consortia of insti- er, from each State, the District of Colum- and tutions of higher education in accordance bia, and the Commonwealth of Puerto Rico, (B) in the first sentence of subsection with an annual competitive selection process shall be eligible to be selected for an award (a)(1)(A), by striking ‘‘National Environ- established under subsection (d)(2)(A). under this subsection.’’. mental Education and Training Foundation’’ (b) DEFINITIONS.—Section 3 of the John H. ‘‘(d) ADMINISTRATION.— and inserting ‘‘National Environmental Chafee Environmental Education Act (20 ‘‘(1) IN GENERAL.—The Office of Environ- U.S.C. 5502) (as amended by section 4(b)) is Learning Foundation’’. mental Education established under section amended by adding at the end the following: (2) CONFORMING AMENDMENTS.— 4 shall administer the Program. (A) The table of contents in section 1(b) of ‘‘(16) ‘elementary school’ has the meaning ‘‘(2) DUTIES.—The Office of Environmental given the term in section 14101 of the Ele- the John H. Chafee Environmental Edu- Education shall— mentary and Secondary Education Act of cation Act (20 U.S.C. prec. 5501) is amended ‘‘(A) establish criteria for a competitive se- 1965 (20 U.S.C. 8801); by striking the item relating to section 10 lection process for recipients of grants under ‘‘(17) ‘secondary school’ has the meaning and inserting the following: the Program; given the term in section 14101 of the Ele- ‘‘Sec. 10. National Environmental Learning ‘‘(B) receive applications for grants under mentary and Secondary Education Act of Foundation.’’. the Program; and 1965 (20 U.S.C. 8801);’’. (B) Section 3 of the John H. Chafee Envi- ‘‘(C) annually review applications and se- (c) CONFORMING AMENDMENT.—The table of ronmental Education Act (20 U.S.C. 5502) (as lect recipients of grants under the Program. contents in section 1(b) of the John H. amended by section 4(b)) is amended— ‘‘(3) CRITERIA.—In establishing criteria for Chafee Environmental Education Act (20 (i) by striking paragraph (12) and inserting a competitive selection process for recipients U.S.C. prec. 5501) is amended by striking the the following: of grants under the Program, the Office of item relating to section 8 and inserting the ‘‘(12) ‘Foundation’ means the National En- Environmental Education shall include, at a following: vironmental Learning Foundation estab- minimum, as criteria, the extent to which a ‘‘Sec. 8. National environmental education lished by section 10;’’; and grant will— awards.’’. (ii) in paragraph (13), by striking ‘‘National ‘‘(A) directly facilitate environmental SEC. 6. ENVIRONMENTAL EDUCATION ADVISORY Environmental Education and Training stewardship activities, including environ- COUNCIL AND TASK FORCE. Foundation’’ and inserting ‘‘Foundation’’. mental protection, preservation, or improve- Section 9 of the John H. Chafee Environ- (b) NUMBER OF DIRECTORS.—Section ment activities; and mental Education Act (20 U.S.C. 5508) is 10(b)(1)(A) of the John H. Chafee Environ- ‘‘(B) stimulate the availability of other amended— mental Education Act (20 U.S.C. funds for those activities.

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‘‘(e) CONDITIONS ON USE OF FUNDS.—With Administrator shall submit to Congress a re- prevention programs, nutrition programs, respect to the funds made available to carry port describing in detail the activities for housing programs, Head Start, adult edu- out this section under section 13(a)(1)— which funds appropriated for the fiscal year cation, and job training; and ‘‘(1) not fewer than 6 grants each year shall were expended.’’; and (N) work with and foster partnerships with be awarded using those funds; and (3) in subsection (d) (as redesignated by other agencies that provide programs and de- ‘‘(2) no grant made using those funds shall paragraph (1))— liver services described in subparagraph (M) be in an amount that exceeds $500,000.’’. (A) by striking ‘‘National Environmental to make such programs and services more (b) DEFINITIONS.—Section 3 of the John H. Education and Training Foundation’’ and in- accessible to children and families.’’ Chafee Environmental Education Act (20 serting ‘‘Foundation’’; and On page 770, line 7, after ‘‘Federal’’ insert: U.S.C. 5502) (as amended by section 5(b)) is (B) in paragraph (2), by striking ‘‘section ‘‘, State, and local services and’’. amended by adding at the end the following: 10(d) of this Act’’ and inserting ‘‘section On page 77, line 10, strike ‘‘and’’ after the ‘‘(18) ‘consortium of institutions of higher 10(e)’’. semicolon. education’ means a cooperative arrangement In the Inhofe amendment, page 8, line 16 On page 77, between lines 17 and 18, insert among 2 or more institutions of higher edu- after ‘‘.’’, insert: the following: (iii) by adding at the end the following: cation; and ‘‘(3) The Chairman is authorized to provide ‘‘(I) Coordination and integration of Fed- ‘‘(19) ‘institution of higher education’ has a cash award of up to $2,500 to each teacher eral, State, and local services and programs, the meaning given the term in section 101 of selected to receive an award pursuant to this including programs supported under this the Higher Education Act of 1965 (20 U.S.C. section, which shall be used to further the Act, violence prevention programs, nutrition 1001).’’. recipient’s professional development in envi- programs, housing programs, Head Start, ronmental education. The Chairman is also SEC. 9. INFORMATION STANDARDS. adult education, and job training.’’; and (a) IN GENERAL.—The John H. Chafee Envi- authorized to provide a cash award of up to On page 77, line 24, strike ‘‘and’’. ronmental Education Act is amended by in- $2,500 to the local education agency employ- On page 78, line 4, strike ‘‘and’’. serting after section 11 (as added by section ing any teacher selected to receive an award On page 78, between lines 4 and 5, insert 8(a)(2)) the following: pursuant to this section, which shall be used the following: to fund environmental educational activities ‘‘SEC. 12. INFORMATION STANDARDS. (III) in clause (vi), by striking ‘‘and’’ after and programs. Such awards may not be used ‘‘In disseminating information under this the semicolon; for construction costs, general expenses, sal- (IV) in clause (vii), by striking the period Act, the Office of Environmental Education aries, bonuses, or other administrative ex- and inserting ‘‘; and’’; and shall comply with the guidelines issued by penses. (V) by adding at the end the following: the Administrator under section 515 of the ‘‘(4) The Chairman of the Council on Envi- ‘‘(viii) describes how the school will coordi- Treasury and General Government Appro- ronmental Quality may administer this nate and collaborate with other agencies priations Act, 2001 (44 U.S.C. 3516 note; 114 awards program through a cooperative providing services to children and families, Stat. 2763A–153).’’. agreement with the National Environmental including programs supported under this (b) CONFORMING AMENDMENT.—The table of Learning Foundation.’’ Act, violence prevention programs, nutrition contents in section 1(b) of the John H. Strike ‘‘40’’ in subsection 13(b)(1)(C) and in- programs, housing programs, Head Start, Chafee Environmental Education Act (20 sert ‘‘38’’; adult education, and job training.’’; and U.S.C. prec. 5501) is amended by striking the Strike the period at the end of subsection On page 79, line 11, strike ‘‘and’’ both item relating to section 11 and inserting the 13(b)(1)(D) and insert: ‘‘; and (E) not less than places it appears. following: 2 percent shall be available to support On page 79, strike line 18, and insert the ‘‘Sec. 11. Theodore Roosevelt Environmental Teachers’ Awards under subsection 8(b).’’ following: teams; and’’; and Stewardship Grant Program. On page 893, after line 14, insert the fol- On page 79, between lines 18 and 19, insert ‘‘Sec. 12. Information standards. lowing: the following: ‘‘Sec. 13. Authorization of appropriations.’’. (C) by adding at the end the following: ‘‘PART B—TRANSITION PROVISION ‘‘(I) coordinate and integrate Federal, SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ‘‘SEC. 9201. CERTAIN MULTIYEAR GRANTS AND State, and local services and programs, in- Section 13 of the John H. Chafee Environ- CONTRACTS. cluding programs supported under this Act, mental Education Act (20 U.S.C. 5510) (as re- ‘‘(a) IN GENERAL.—Notwithstanding any violence prevention programs, nutrition pro- designated by section 8(a)(1)) is amended— other provision of this Act, from funds ap- grams, housing programs, Head Start, adult (1) by redesignating subsection (c) as sub- propriated under subsection (b) the Sec- education, and job training.’’. section (d); retary shall continue to fund any multiyear On page 572, line 2, insert ‘‘, or to have pos- (2) by striking the section heading and subgrant or contract awarded under section 3141 sessed a weapon at a school,’’ after ‘‘to a sections (a) and (b) and inserting the fol- or part A or C of title XIII (as such section school’’. lowing: or part was in effect on the day preceding On page 572, line 7, insert before the period ‘‘SEC. 13. AUTHORIZATION OF APPROPRIATIONS. the date of the enactment of the Better Edu- the following: ‘‘if such modification is in ‘‘(a) IN GENERAL.—There is authorized to cation for Students and Teachers Act) for writing’’. be appropriated to the Environmental Pro- the duration of the multiyear award. On page 573, line 3, strike ‘‘and’’. tection Agency to carry out this Act ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— On page 573, line 9, strike ‘‘and’’. $13,000,000 for each of fiscal years 2002 There are authorized to be appropriated for On page 573, line 10, strike the period and through 2007, of which— each fiscal year such sums as may be nec- insert ‘‘; and’’. On page 573, between line 13 and 14, insert ‘‘(1) $3,000,000 for each fiscal year shall be essary to carry out subsection (a). the following: used to carry out section 11; and ‘‘(c) REPEAL.—This section is repealed on ‘‘(f) DEFINITION.—In this section, the term ‘‘(2) $10,000,000 for each fiscal year shall be the date of enactment of a law that— ‘school’ means any setting that is under the allocated in accordance with subsection (b). ‘‘(1) reauthorizes a provision of the Edu- control and supervision of the local edu- ‘‘(b) LIMITATIONS.— cational Research, Development, Dissemina- cation agency for the purpose of student ac- ‘‘(1) IN GENERAL.—Subject to paragraph (2), tion, and Improvement Act of 1994; and tivities approved and authorized by the local of the amounts made available under sub- ‘‘(2) is enacted after the date of enactment education agency. section (a)(2) for each fiscal year— of the Better Education for Students and ‘‘(g) EXCEPTION.—Nothing in this section ‘‘(A) not more than 25 percent may be used Teachers Act.’’. shall apply to a weapon that is lawfully for the activities of the Office of Environ- On page 764, line 10, strike ‘‘and’’ stored inside a locked vehicle on school prop- mental Education established under section On page 764, line 13, strike the period and erty, or if it is for activities approved and 4; insert: ‘‘; and’’ authorized by the local educational agency ‘‘(B) not more than 25 percent may be used On page 764, between lines 13 and 14, insert and the local educational agency adopts ap- for the operation of the environmental edu- the following: propriate safeguards to ensure student safe- cation and training program under section 5; ‘‘(6) to provide a comprehensive approach ty.’’. ‘‘(C) not less than 40 percent shall be used to improving student learning through co- On page 573, line 20, strike ‘‘brings a fire- for environmental education grants under ordination and integration of Federal, State, arm or weapon to a school’’ and insert section 6 and for the John H. Chafee Memo- and local services and programs.’’ ‘‘brings a weapon to a school, or is found to rial Fellowship Program under section 7; and On page 764, line 20, before ‘‘training’’ in- have possessed a weapon at a school,’’. ‘‘(D) 10 percent shall be used for the activi- sert: ‘‘comprehensive’’ On page 573, strike lines 22 through 25, and ties of the Foundation under section 10. On page 768, line 6, strike ‘‘and’’ insert the following: ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the On page 768, line 9, strike the period and ‘‘(b) DEFINITIONS.—For the purpose of this amounts made available under paragraph insert ‘‘;’’ section: (1)(A) for each fiscal year, not more than 10 On page 768, between lines 9 and 10, insert ‘‘(1) SCHOOL.—The term ‘school’ has the percent may be used for administrative ex- the following: meaning given to such term by section 921(a) penses of the Office of Environmental Edu- ‘‘(M) identify and coordinate Federal, of title 18, United States Code. cation. State, and local services and programs that ‘‘(2) WEAPON.—The term ‘weapon’ has the ‘‘(c) EXPENSE REPORT.—As soon as prac- support improved student learning, including meaning given such term in section ticable after the end of each fiscal year, the programs supported under this Act, violence 4101(b)(3).’’.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6356 CONGRESSIONAL RECORD — SENATE June 14, 2001 NOTICE OF HEARING mittee on Aging be authorized to meet pared to clear four Treasury Depart- COMMITTEE ON ENERGY AND NATURAL on Thursday, June 14, 2001, from 9:30 ment nominations on the calendar, as RESOURCES a.m.–12 p.m., in Dirksen 562 for the pur- well as one military promotion. The re- Mr. BINGAMAN. Mr. President, I pose of conducting a hearing. maining two nominations will require would like to announce for the infor- The PRESIDING OFFICER. Without floor time and rollcall votes. We are mation of the Senate and the public objection, it is so ordered. working on those agreements. I simply that a hearing has been scheduled be- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS note that because I have said from the fore the Committee on Energy and Nat- Mr. REID. Mr. President, I ask unan- very beginning of my tenure as major- ural Resources. imous consent that the Permanent ity leader that I am prepared to move The hearing will take place on Thurs- Subcommittee on Investigations of the nominations forward. We would have day, June 21, at 9:30 a.m. in SD–106 of Governmental Affairs Committee be been prepared to move virtually all but the Dirksen Senate Office Building. authorized to meet during the session two nominations. The purpose of the hearing is to con- of the Senate on Thursday, June 14, As I understand it, there are objec- sider national energy policy with re- 2001, at 9:30 a.m., for a hearing entitled tions to the four Treasury Department spect to fuel specifications and infra- ‘‘Cross Border Fraud: Scams Know No nominations on the Republican side, as structure constraints and their im- Boundaries.’’ well as an objection to one military pacts on energy supply and price, (Part The PRESIDING OFFICER. Without promotion. Given those objections, II). objection, it is so ordered. clearly we are not prepared to move to Those wishing to submit written f them today. It is not as a result of any statements should address them to the particular objection on our side. We are PRIVILEGE OF THE FLOOR Committee on Energy and Natural Re- prepared to move to them just as soon sources, U.S. Senate, Washington, DC Mr. HARKIN. Mr. President, I ask as the Republican matters can be re- 20510–6150. unanimous consent to allow Lisa solved. I ask for their consideration. For further information, please con- Ekman, my policy fellow, floor privi- The PRESIDING OFFICER. Without tact Shirley Neff at 202/224–4103. leges for the duration of the debate on objection, it is so ordered. The nominations were considered and COMMITTEE ON ENERGY AND NATURAL S. 1. RESOURCES The PRESIDING OFFICER. Without confirmed as follows: Mr. BINGAMAN. Mr. President. I objection, it is so ordered. DEPARTMENT OF JUSTICE would like to announce for the infor- Mr. BROWNBACK. Mr. President, I Charles A. James, Jr., of Virginia, to be an mation of the Senate and the public ask unanimous consent that Spencer Assistant Attorney General. that the hearing previously scheduled Stelljes, an intern in my office, be EXECUTIVE OFFICE OF THE PRESIDENT for Tuesday, June 19, 15 9:30 a.m., in granted floor privileges during the re- James Laurence Connaughton, of the Dis- room SD–106 of the Dirksen Senate Of- mainder of the debate. trict of Columbia, to be a Member of the fice Building will now start at 9 a.m. The PRESIDING OFFICER. Without Council on Environmental Quality. The purpose of the hearing is to re- objection, it is so ordered. ENVIRONMENTAL PROTECTION AGENCY ceive testimony on S. 764, a bill to di- Mrs. BOXER. Mr. President, I ask Stephen L. Johnson, of Maryland, to be As- rect the Federal Energy Regulatory unanimous consent that Beth Cam- sistant Administrator for Toxic Substances Commission to impose just and reason- eron, a fellow on Senator KENNEDY’s of the Environmental Protection Agency. able load-differentiated demand rates staff, be granted floor privileges. f or cost-of-service based rates on sales The PRESIDING OFFICER. Without by public utilities of electric energy at objection, it is so ordered. LEGISLATIVE SESSION wholesale in the western energy mar- Mr. KYL. Madam President, I ask The PRESIDING OFFICER. Under ket, and for other purposes; and sec- unanimous consent for Rebecca Papoff the previous order, the Senate will re- tions 508–510 (relating to wholesale of my staff to be given the privilege of turn to legislative session. the floor for the duration of the Helms electricity rates in the western energy f market, natural gas rates in California, amendment on the Boy Scouts of and the sale price of bundled natural America. COMMENDING ASSISTANT gas transactions) of S. 597, the Com- The PRESIDING OFFICER. Without SECRETARY SHARON ZELASKA prehensive and Balanced Energy Policy objection, it is so ordered. Mr. DASCHLE. Madam President, I Act of 2001. f ask unanimous consent that the Sen- For further information please con- ANNOUNCEMENT BY THE ate now proceed to the immediate contact Leon Lowery or Jonathan Black MAJORITY LEADER sideration of S. Res. 110 submitted by at 202/224–4103. Senators LOTT and DASCHLE. Mr. DASCHLE. Madam President, be- The PRESIDING OFFICER. The f fore I begin with the wrap-up items, I clerk will report the resolution by AUTHORITY FOR COMMITTEES TO announce that all the matters that I title. MEET am about to propose have been cleared The legislative clerk read as follows: on the Republican side. COMMITTEE ON VETERANS’ AFFAIRS A resolution (S. Res. 110) relating to the Mr. REID. Mr. President, I ask unan- f retirement of Sharon A. Zelaska, Assistant imous consent that the Committee on EXECUTIVE SESSION Secretary of the Senate. Veterans’ Affairs be authorized to hold There being no objection, the Senate a markup on the nomination of Gordon proceeded to consider the resolution. H. Mansfield to be Assistant Secretary EXECUTIVE CALENDAR Mr. LOTT. Madam President, today I for Congressional Affairs in the Depart- Mr. DASCHLE. Madam President, I rise to pay tribute to Sharon Zelaska, ment of Veterans Affairs, followed by a ask unanimous consent that the Sen- who is retiring after serving for over 4 hearing on ‘‘The Looming Nurse Short- ate proceed to executive session to con- years in the demanding position of As- age: Impact on the Department of Vet- sider the following nominations: Cal- sistant Secretary of the Senate, and erans Affairs.’’ endar Nos. 72, 97, and 107; that the who has contributed so much to the ef- The Committee will meet on Thurs- nominations be confirmed, the motions ficient operations of the Senate over day, June 14, 2001, at 10 a.m., in room to reconsider be laid on the table, that those years. 418 of the Russell Senate Office Build- any statements thereon be printed in She arrived in 1997, a stranger to the ing. the RECORD, the President be imme- Senate but not to Capitol Hill, having The PRESIDING OFFICER. Without diately notified of the Senate’s action, worked for a dozen years previously as objection, it is so ordered. and the Senate return to legislative executive assistant to then Representa- SPECIAL COMMITTEE ON AGING session. tive Jack Kemp. As Assistant Sec- Mr. REID. Mr. President, I ask unan- Before the Chair rules on this re- retary she has been responsible for the imous consent that the Special Com- quest, I want to add that we are pre- day-to-day operations of the office of

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6357 Secretary of the Senate, no small task (The text of the resolution is located MEASURE READ THE FIRST given that 24 departments report to the in today’s RECORD under ‘‘Statements TIME—S. 1052 Secretary. Working closely with Sec- on Submitted Resolutions.’’) Mr. DASCHLE. Madam President, I retary of the Senate Gary Sisco, she f understand that S. 1052, introduced helped provide the best possible service HONORING THE ARMY ON ITS earlier today by Senators MCCAIN, to all one hundred senators individ- 226TH BIRTHDAY EDWARDS, and KENNEDY, is at the desk, ually, and to the Senate as an institu- Mr. DASCHLE. Madam President, I and I ask for its first reading. tion. The PRESIDING OFFICER. The Since the post of Assistant Secretary ask unanimous consent that the Sen- ate now proceed to the immediate con- clerk will report the bill by title. was historically that of Chief Clerk, The legislative clerk read as follows: Sharon Zelaska had a chair on the ros- sideration of S. Res. 112 submitted ear- A bill (S. 1052) to amend the Public Health trum specifically designated for her. lier by Senators ALLARD and HUTCHISON. Service Act and the Employee Retirement She took that chair on ceremonial oc- Income Security Act of 1974 to protect con- casions, but on most days her real The PRESIDING OFFICER. The clerk will report the resolution by sumers in managed care plans and other work was behind-the-scenes, managing health coverage. title. the many departments within the Sec- The legislative clerk read as follows: Mr. DASCHLE. Madam President, I retary’s office. A resolution (S. Res. 112) honoring the now ask for its second reading and ob- As Assistant Secretary she spent United States Army on its 226th birthday. ject to my own request. countless hours working with senators There being no objection, the Senate The PRESIDING OFFICER. Objec- and staff. Her door was open to every proceeded to consider the resolution. tion is heard. one to stop in for a cup of coffee and an Mr. ALLARD. Madam President, 226 The bill will be read a second time on opportunity to talk about important years ago, the Continental Army was the next legislative day. issues of the day. When department formed with the goal of ending tyranny f heads retired, new candidates needed to and winning our freedom. Since the end be interviewed and selected. Vouchers of the Revolution, American soldiers, TECHNICAL AND CONFORMING required signing, payrolls had to be ad- imbued with the spirit of the original CHANGES justed, e-mail answered, and no end of patriots, have pledged their allegiance Mr. DASCHLE. Madam President, I paperwork completed. She did all that to our nation through their sacrifices with a poise and sense of fairness that ask unanimous consent that the pre- in uniform. vious consent with respect to technical all who worked with her admired and All of our Army units, Active, Guard, and conforming changes be vitiated. will miss with her retirement. and Reserve share the heritage of the I want to take this opportunity to Continental Army and their soldiers The PRESIDING OFFICER. Without thank Sharon Zelaska for all her con- represent the finest men and women objection, it is so ordered. tributions to the Senate over the past our Nation has to offer. Thousands of f 4 years and to wish her Godspeed for a soldiers stand guard around the globe happy future in a well-earned retire- ensuring our freedom and doing the AUTHORIZATION TO INCLUDE ment. tough jobs that maintain our American AMENDMENTS IN H.R. 1 Mr. DASCHLE. Madam President, I way of life. Mr. DASCHLE. Madam President, I ask unanimous consent that the reso- The proud tradition of the Army, ask unanimous consent, notwith- lution be agreed to, the preamble be dating back to 1775, has always stood standing passage of H.R. 1, on pre- agreed to, and the motion to reconsider tall. They are steeped in tradition, but viously agreed-upon amendments be laid upon the table. ever flexible and capable of responding where language was affected by amend- The PRESIDING OFFICER. Without to a dynamic world. Now, the Army is ments agreed upon later, that it be in objection, it is so ordered. transforming to meet the new demands order for these amendments to be in- The resolution (S. Res. 110) was of the 21st century. This new force will cluded in the bill as previously was the agreed to. ensure that our national Command Au- intent of the two managers. The preamble was agreed to. thorities continue to have the ability The PRESIDING OFFICER. Without (The text of the resolution is located to quickly and efficiently deploy land objection, it is so ordered. in today’s RECORD under ‘‘Statements forces throughout the world. on Submitted Resolutions.’’) Both in times of peace, and times of f war, throughout more than two cen- f THIRD READING OF S. 1 turies, the soldiers of the Army have COMMENDING BOB DOVE ON HIS been poised and ready to answer the Mr. DASCHLE. Madam President, I RETIREMENT AS PARLIAMEN- call of duty to defend this great Na- ask unanimous consent that S. 1 be TARIAN tion. The Army remains the best fight- considered as having been read the Mr. DASCHLE. Madam President, I ing force in the world: unchallenged third time. ask unanimous consent that the Sen- and unparalleled. They are respected The PRESIDING OFFICER. Without ate now proceed to the immediate con- by their allies, feared by their oppo- objection, it is so ordered. sideration of S. Res. 111 submitted by nents, and esteemed by the American f Senators LOTT and DASCHLE. people. Today, June 14, 2001, as the U.S. The PRESIDING OFFICER. The Army celebrates their 226th birthday, I ORDERS FOR MONDAY, JUNE 18, clerk will report the resolution by ask that we reflect on the great legacy 2001 title. the Army has given this Nation and Mr. DASCHLE. Madam President, I The legislative clerk read as follows: recognize our pride in our American ask unanimous consent that when the soldiers’ courage, dedication to duty, A resolution (S. Res. 111) commending Rob- Senate completes its business today, it and selfless service to the Nation. ert ‘‘Bob’’ Dove on his service to the Senate. adjourn until the hour of 1 p.m. Mon- Mr. DASCHLE. Madam President, I There being no objection, the Senate ask unanimous consent that the reso- day, June 18. I further ask that on proceeded to consider the resolution. lution be agreed to, the preamble be Monday, immediately following the Mr. DASCHLE. Madam President, I agreed to, and the motion to reconsider prayer and the pledge, the Journal of ask unanimous consent that the reso- be laid upon the table. the proceedings be approved to date, lution be agreed to, the preamble be The PRESIDING OFFICER. Without the morning hour be deemed to have agreed to, and the motion to reconsider objection, it is so ordered. expired, the time for the two leaders be be laid upon the table. The resolution (S. Res. 112) was reserved for their use later in the day, The PRESIDING OFFICER. Without agreed to. and there be a period for morning busi- objection, it is so ordered. The preamble was agreed to. ness with Senators permitted to speak The resolution (S. Res. 111) was (The text of the resolution is located therein for up to 10 minutes each. agreed to. in today’s RECORD under ‘‘Statements The PRESIDING OFFICER. Without The preamble was agreed to. on Submitted Resolutions.’’) objection, it is so ordered.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6358 CONGRESSIONAL RECORD — SENATE June 14, 2001 PROGRAM formance agreement,’’ provisions. My brought themselves into full compli- Mr. DASCHLE. Madam President, view is that if we at the federal level ance with that law. From what we have with this request having now been are going to insist on ‘‘accountability’’ been able to look at, the evidence agreed to, the Senate will not be in ses- from states, districts, schools and stu- seems to indicate we should be very sion on Friday, as I have announced. dents, then we must be accountable to concerned about how these tests are On Monday, the Senate will convene at the principle that every student should being implemented and what their ef- 1 p.m. with a period for morning busi- have an equal opportunity to succeed. fect is on student learning. ness. There will be no rollcall votes on That means we must sufficiently fund I would like to cite a few reports that Monday. Rollcall votes will occur on the federal programs, such as Title I, should send us a clear warning about Tuesday afternoon and throughout the IDEA and others, that attempt to give what we are about to do. The Inde- all students an equal chance. We all remainder of the week as the Senate pendent Review Panel on Title I which know that not every student arrives to begins consideration of the Patients’ was mandated in the 1994 Reauthoriza- school equally ready to learn. That is Bill of Rights. tion issued its report ‘‘Improving the why it really is impossible to separate Odds’’ this January. The report con- f our presumption of holding schools and cluded that ‘‘Many States use assess- ORDER FOR ADJOURNMENT students accountable on one hand, ment results from a single test—often from our own accountability to an obli- traditional multiple choice tests. Al- Mr. DASCHLE. Madam President, I gation to sufficiently fund housing, nu- though these tests may have an impor- now ask unanimous consent that fol- trition and Head Start efforts on the tant place in state assessment systems, lowing the remarks of Senators BYRD, other hand. We have not held ourselves they rarely capture the depth and AKAKA, and WELLSTONE, the Senate accountable on that measure. We have breadth of knowledge reflected in state stand in adjournment as under the pre- avoided even debating this bill in that content standards.’’ The Panel went on vious order. context. But if we will not meet that to make a strong recommendation. It The PRESIDING OFFICER. Without measure, and we have not, then we said, ‘‘Better Assessments for instruc- objection, it is so ordered. must at minimum ensure that federal tional and accountability purposes are The PRESIDING OFFICER. The Sen- education programs provide schools urgently needed.’’ ator from Minnesota is recognized. and students an equal chance at suc- I would also like to quote from the f ceeding before we impose account- National Research Council, as cited in THE ELEMENTARY AND ability and tests whose stakes can be the Report ‘‘Measuring What Matters.’’ SECONDARY EDUCATION ACT very high. This report was developed by the My colleagues and anyone who has strongly pro-testing Committee for Mr. WELLSTONE. Madam President, listened to much of the debate on this Economic Development. The report reauthorization of the Elementary and bill know that I have grave reserva- says: ‘‘policy and public expectations Secondary Education Act may be the tions about its annual testing provi- of testing generally exceed the tech- most important step we will take dur- sions. Indeed, I oppose those provi- nical capacity of the tests themselves.’’ ing this Congress to affect what is sions. I offered one amendment to re- Everybody wants to find a way to ad- surely one of the most crucial interests move the mandate for the tests if full dress the critical challenge of closing of the country—childrens’ education. I Title I funding is not provided. I then the achievement gap. In people’s gen- have tried to devote appropriate atten- cosponsored an amendment to allow uine desire to do something about our tion and effort toward improving this states not to implement the tests so schools, I believe they have created ex- bill. That is because I have believed that they could utilize those funds in- pectations from these tests, that far since Committee consideration that it stead for other means of boosting stu- exceed what the tests can ever do. In contains significant flaws. At the same dent achievement in the lowest per- fact, Robert Schwartz, the President of time, we have improved the bill in im- forming schools . Achieve, Inc., the nonprofit arm of the portant ways, and we have added sub- I continue to believe that federally standards-based reform movement re- stantial new commitments of federal mandated annual testing of every stu- cently said: ‘‘Tests have taken on too funds for education. In my view, these dent is a mistake. If it is implemented, prominent of a role in these reforms improvements, plus the prospects for I believe we will regret it. I say ‘‘if’’ be- and that’s in part because of people further improvement in Conference, cause I hope the Senate will realize its rushing to attach consequences to outweigh my remaining serious res- mistake before the year 2005, which is them before, in a lot of places, we have ervations about policy contained in the when the first of these new tests would really gotten the tests right.’’ bill at the present time. Therefore, be required. I still intend to attempt at In this rush for answers, the tests while I pledge to continue in Con- least to allow states to utilize the have ceased their useful function of ference to try to improve the policy newly mandated tests for ‘‘diagnostic’’ measuring the reform and have become and to assure funding, I have voted in purposes, rather than for the purpose synonymous with it. That is exactly favor of the bill today. of meeting adequate yearly progress where this bill goes wrong and I believe A number of weeks ago, I opposed targets. I hope that change can be that the consequences will be destruc- bringing this bill to the floor in the ab- made in Conference. If I do not succeed tive. I believe that in the not so distant sence of some assurance that sufficient at that, I believe that we in Congress, future, we will regret ever having done resources would be provided to federal the states and the public may very well this. In fact, I believe that by the time education programs. That issue re- reject these tests before they occur. I these new tests are to go into effect, mains among my deepest concerns and think they are unneeded, unwanted and many if not most of the Senators in considerations. Along with other im- most likely detrimental. The debate on this body will have changed their mind provements we have made since that what is becoming a mania for testing is on this issue. time, we have very substantially bol- just beginning. My concerns are many and I have stered needed funding for federal edu- We are making a significant mistake been over them before, but in sum- cation—especially by including manda- in mandating these new tests on every mary, I am extremely concerned about tory, full funding for the Individuals child, in every school, in every district how too much testing can subvert real with Disabilities Education Act, IDEA. and in every state. In the current con- learning. A Stateline News article from This provision alone will mean over $3 text, it makes little sense. We have not last week reported that: billion for my state of Minnesota in even begun fully to implement the as- A yet to be released RAND study con- IDEA funds during the coming 10 years. sessments we approved in 1994 with the ducted in North Carolina found that between It will mean $153 million in IDEA funds last ESEA reauthorization. Yet we are 50 and 80 percent of the improvements in stu- for Minnesota in fiscal year 2001. moving to double those requirements dent performance measured by tests are tem- The improvements must be balanced and to expand their scope to cover porary and fail to predict any real gains in against policy deficiencies—primarily every child in the country. We have not student learning. in the area of mandated tests and the had a chance to look at the effect of RAND, which is one of the most re- bill’s so-called ‘‘straight-A’s,’’ or ‘‘per- those 1994 changes. Only 11 states have spected research institutions in the

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6359 country, is not alone. A recent survey tional Percentile Rank Scores for indi- say that even if we had the most per- of Texas teachers indicates that only 27 vidual students showed that the fect assessments, I still would have sig- percent of teachers believe that in- chances that a student whose true nificant concerns with the use of tests creases in TAAS scores reflect an in- score is in the 50th percentile will re- to compare all students and to punish crease in the quality of learning and ceive a reported score that is within 5 schools because we have still done so teaching. percentage points of his true score is little to ensure that every student has Much of this is due to the phe- only 30 percent in reading and 42 per- the same opportunity to do well on nomenon of teaching to the test. The cent on ninth grade math tests. those tests. That concern runs as deep Committee for Economic Development, Rogosa also showed that on the Stan- as any I have. It is a fairness question. a strongly pro-testing coalition of busi- ford 9 test ‘‘the chances, . . . that two There are few bills we will face this ness leaders, warns against test based students with identical ‘real achieve- year where the policy proposals and accountability systems that ‘‘lead to ment’ will score more than 10 per- the funding that must back up the pro- narrow test based coaching rather than centile points apart on the same test’’ posals are so inextricably linked. With- rich instruction.’’ Test preparation is is 57 percent for 9th graders and 42 per- out giving more resources to low in- not necessarily bad—but if it comes at cent on the fourth grade reading test. come schools so they can develop the the expense of real learning, it becomes We have to take such error very seri- capacity to help their children do well, a major problem. There is no question, ously if we are attaching consequences we will only set up children to fail. In at this point, that teaching to the test to the test results for students and punishing these students and these has become a problem. As an example, schools. If we do not, and we continue schools for their poor performance, I the recent Education Week/Pew Chari- to over rely on a single, less than accu- am afraid that we are too blindly con- table Trust study, Quality Counts rate test, our ability to fairly imple- fusing their failure with our own. It is found that ‘‘Nearly 7/10 teachers said ment any type of accountability is in in fact, a failure for policy makers to instruction stresses tests ‘far’ or jeopardy. close our eyes to the resource starved ‘somewhat’ too much. 66 percent also When we rush to get them done and schools in our urban and rural areas. It said that state assessments were forc- rush to attach stakes to them, we are is a failure to think that by testing ing them to concentrate too much on ignoring the admonition of the Na- alone we can reverse years of neglect what is tested to the detriment of tional Academy of Sciences that our and deprivation. other important topics.’’ expectations for tests should not ex- A study of the Florida accountability Beyond this detrimental phe- ceed their technical capacity. One of system proves this point starkly. The nomenon, which has proven to be more the most troubling quotations I have study found that ‘‘for every percent prevalent in low income communities, read in this regard is a quote from that poverty increases, the school’s there is significant evidence that, at Maureen di Marco, Vice President of score drops by an average of 1.6 the very time we are trying to bring Houghton Mifflin company whose sub- points.’’ He showed that the level of more teachers into low income schools sidiary, Riverside Publishing, is one of poverty in a school in Florida predicted and address a teacher shortage gen- the major test publishers. She was what the school’s achievement score erally, the need to teach to the test cited in the Washington Post as saying would be with 80 percent accuracy! Not and to provide education based on rote that the Industry can only handle the one of my colleagues should be sur- memorization and is driving people out Bush proposal as long as states make prised by this. of the field. up the difference with off the shelf, na- Tests have their place, but they also This is tragic at a time when we face tional achievement tests that are have their limits. They can not give a an acute teacher shortage and we know mostly multiple choice and can be kindergartener the early childhood that the single most important factor scored electronically. This would be de- education that his or her parents could in closing the achievement gap be- structive and take us in the opposite not afford to provide. They can not tween students is the quality of the direction from where we must be going hire a good teacher, they can not re- teacher the students have. Both Linda in terms of accurate, quality testing. duce class size, they cannot buy stu- Darling Hammond and Jonothan Kozol Such tests are usually not aligned with dents’ books and they cannot fix the have addressed this issue when speak- standards and most often do not meas- heater in a school in Minnesota in the ing to the Democratic Caucus. As ure the depth of student knowledge or winter. Until we give every child these Kozol said: ‘‘Hundreds of the most ex- student reasoning. In fact, the Stan- critical tools to do well, the tests will citing and beautifully educated teach- ford-9, the test studied by Rogosa, is measure less a child’s potential and ers are already fleeing from inner-city just this kind of test, that the compa- more the accident of his birth. schools in order to escape what one nies are telling us we will have to rely My concerns with this bill are many, brilliant young teacher calls ‘‘Exam- on. and they remain deep. But I also recog- ination Hell.’’ I would like to quote H. D. Hoover, one of the authors of nize that there is room for improve- from an article from today’s New York the Iowa Test of Basic Skills and in- ment and that the bill as it stands has Times that addresses this specific coming president of the National Coun- many strengths. I very much appre- issue. The article explained: ‘‘In inter- cil on Measurement in Education said ciate the work that I and my col- views over the last month many fourth in a recent article that ‘‘there is one leagues have had the opportunity to do grade teachers questioned why they heck of a capacity problem’’ when it to improve this bill. I would like to should stay in a job that revolves comes to meeting the testing require- highlight just a few of those improve- around preparation for new state ments in this bill. So again, in this ments. exams . . . Principals say that they context, I fail to understand why we In the area of testing, I want to cannot keep experienced teachers in are rushing ahead with these new re- thank my colleagues for their support fourth grade or transfer them there.’’ quirements. Why can we not at least for three amendments that I worked It would be remiss to talk about this wait until states have the knowledge very hard on and that I think will go issue without also addressing the fact and the opportunity to get the tests far to ensure that we have high quality that these tests are not perfect instru- they have right before we move on to tests that are not abused. In ensuring ments. No one put it better than the doing so many more. The Committee the proper use of tests, we move to en- strongly pro-testing Committee for for Economic Development report sure that tests most accurately meas- Economic Development. These business clearly states ‘‘there is more work to ure how students learn, not what they leaders concluded that ‘‘tests that are do in designing assessment instru- have memorized. We can more accu- not valid, reliable and fair will obvi- ments that can measure a rich array of rately see what it is that students have ously be inaccurate indicators of the knowledge and skills embedded in rig- actually been taught. We can get a bet- academic achievement of students and orous and substantive standards.’’ Be- ter picture of what students need and can lead to wrong decisions being made fore we rush ahead, let’s meet that how they can best be helped. about students and schools.’’ challenge. The first is the amendment I intro- For example, a study by David But I would not be being intellectu- duced that would ensure that states Rogosa of California’s Stanford 9 Na- ally or personally honest if I did not show that their assessments are in

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6360 CONGRESSIONAL RECORD — SENATE June 14, 2001 compliance with the National Stand- inclusion of the Harkin amendment sage of this amendment represents a ards on Educational and Psychological which would provide full mandatory national commitment to address this Testing and that their assessments are funding for IDEA. very severe barrier to learning. of adequate technical quality for each The fact that we have finally decided I want to particularly applaud the purpose for which they are used. The to live up to the commitment we made work of Senator KENNEDY, who has amendment also would provide $200 too many years ago to fully fund the fought more than anyone in the area of million in grants for states to improve federal share of the Individuals with teacher quality. Senator KENNEDY in- their assessments so that they are of Disabilities Education Act is perhaps cluded key provisions that would en- the highest quality and are state of the the greatest improvement of all. For sure that within five years, only highly art in terms of most accurately meas- too long we have shirked this responsi- qualified teachers are hired in high uring the range and depth of student bility and for too long children with poverty schools. No one has worked knowledge. disabilities have not received the serv- harder on the issue of high quality These higher quality tests and fairer ices they need. We assume the respon- teachers than Senator KENNEDY. When uses of tests are needed because low sibility to educate children with dis- we think about closing the achieve- quality tests can lead to inaccurate as- abilities because it is their constitu- ment gap between low and high income sessments which do not serve, but rath- tional right and it is their moral right. schools, this provision is essential. er subvert, efforts at true account- But we must never forget that we also Several studies have shown that if poor ability and high standards. Further, if educate these children because we and minority students are taught by we want to avoid the negative out- know that if given the right opportuni- high quality teachers at the same rate comes that the wrong kind of testing ties, the vast majority of them can suc- as other students, a large part of the can bring, such as teaching to the test ceed. Passage of this amendment helps gap between poor and minority stu- and teachers leaving the field, we have make sure that children with disabil- dents and their more affluent white to be sure that assessments measure ities are not pushed aside, that they counterparts would disappear. For ex- students’ depth and creativity. We get the services they need and that ample, one Alabama study shows that have to measure what students have they have the opportunities to do well. an increase of one standard deviation actually been taught and we have to With those opportunities, so many in teacher test scores leads to a two- measure student progress not just in a children can do well they do better thirds reduction in the gap between single point in time, but over time and than well. They excel. black-white test scores. in multiple dimensions. In doing so, Beyond this most important, most Finally, parent involvement is an teachers will not futilely train their deeply rooted issue is that the program area in which I believe the bill has seen students but rather will engage their has created a significant, debilitating substantial improvement. Parent in- students, and challenge them and ex- burden on states and districts when it volvement is one of the most impor- plore with them their diverse talents. is our responsibility, not theirs, to pro- tant parts of any child’s education. That way students will gain a deeper vide a large portion of the funding for When families are fully engaged in the more enduring knowledge that trans- these critical services to children with educational process, students have: lates to all different contexts and is disabilities. While states have a con- higher grades and test scores; better useful when confronting all different stitutional mandate to provide equiva- attendance and more homework done; challenges. This amendment will move lent educations to students with spe- fewer placements in special education; us strongly in the right direction. cial needs, they do not have the finan- more positive attitudes and behavior; The second amendment would cial resources to do so. It is shameful higher graduation rates; and, greater achieve the same effect as the first. that for so long, the federal govern- enrollment in post-secondary edu- This amendment took the incentive ment has not lived up to its promise to cation. For this reason, I am grateful bonus grants that the bill included, provide its share of that funding. And for the inclusion of my amendment to which would have rewarded states for it is with great relief and happiness establish local, community based par- completing their assessments as fast as that this funding, which so many of us ent involvement centers to help the possible, and instead awarded the bo- have pushed for for years, is one step lowest income communities and the nuses to states that develop the most closer to being realized. This amend- communities like the Hmong commu- high quality assessments. This way we ment will bring more than $3 billion in nity in Minneapolis and St. Paul where will be able to incentivize states to IDEA spending to Minnesota. This parents, because of language and cul- move in the direction of developing the would make a real difference for chil- tural barriers, are most isolated from most effective assessments that lead to dren with disabilities and all children their children’s educational experience. better teacher and learning. in the state. I am grateful to Senator Senator REED’s leadership on parent The third was an amendment that I HARKIN for his leadership on this issue involvement has brought the issue to offered and which passed in the Com- and I believe that mandatory full fund- the forefront and his work has helped mittee that authorized an in depth ing for IDEA will make a world of dif- ensure that the benefits brought by study, conducted by the National Re- ference for so many of our nation’s greater family involvement in edu- search Council, to address the impact children. I very much support this part cation would extend to all families. of high stakes tests on individual stu- of the bill. In conclusion, there are many impor- dents. I do not think there is a greater Another critical area is the area of tant issues with which we grapple in abuse of a test than to use it as the teacher quality. I am particularly the U.S. Senate. But, my colleagues, I sole determinant of whether a student pleased that the Senate has adopted an truly feel that there is nothing more will be promoted or graduated. The amendment that I introduced with important than the education of Amer- Professional Standards on Educational Senators HUTCHISON, CLINTON, DEWINE ica’s children. The opportunity to im- and Psychological Testing, the Na- and KENNEDY to establish a national prove America’s public education was tional Research Council and virtually Teacher Corps program to help states one of the key factors that drove me to every major education and civil rights and districts recruit teachers into the become a public servant and to run for group agrees with this, yet states and nation’s highest need schools. The election to this body nearly a dozen districts persist in this practice. This teacher shortage we face amounts to a years ago. I am proud of the work I amendment would look at this practice crisis and the problem is most acute in have done with many in this body on to determine what are its affects on high need urban and rural schools. education at all levels in this country. students, teachers and curriculum. Even though research shows that the It is that passion to improve public This study would serve as a guide for most important factor in student education that is the reason that at policy makers so they can understand achievement is the quality of the many points during the last several better how tests can be used as a posi- teacher, the rates of underlicensed months, as we moved to this point on tive tool in children’s education. teachers in urban schools is twice that the reauthorization of ESEA, I have But beyond the testing provisions, of the nation as a whole and in low in- been deeply frustrated. And, it is the other key improvements were included. come areas, 50,000 under-prepared reason that I am frustrated with this None may be more important than the teachers are hired each year. The pas- bill today. For all the reasons that I

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6361 have laid out earlier, I truly feel that for which experts in the field of edu- Mr. BYRD. Madam President, I ask in many ways we are missing a tremen- cational assessment say is their most unanimous consent that the order for dous opportunity to take a significant appropriate use. That is, rather than the quorum call be rescinded. step forward in bettering America’s being attached to sanctions for schools The PRESIDING OFFICER. Without education system. or individuals, assessments are best objection, it is so ordered. At the time of the final vote in our used to diagnose the academic f committee mark-up, I voted to send strengths and weaknesses of individual IN DEFENSE OF FATHERS the bill forward to the full Senate. I students and to help them improve. was deeply conflicted about my vote at Testing has a role in the educational Mr. BYRD. Madam President, re- that point. However, along with several system, but it should be used primarily cently there has been a spate of arti- of my colleagues on that committee, I to achieve what should be our ultimate cles regarding the increase in the num- did so with the message that, as the goal: Helping our students live up to ber of single parent homes, based upon process continued, the expansion of re- their true intellectual potential. the latest census data. Last month, sources committed to education must I will also do everything I can to Newsweek’s cover story was ‘‘The New come to match the elevation in our ex- fight for the retention of the IDEA Single Mom: Why the Traditional Fam- pectations about our schools’ perform- amendment in the Conference Report ily is Fading Fast, What It Means for ances. On the Senate floor we have and for other funding increases for Our Kids.’’ The number of families made a huge step forward in achieving Title I, Teacher Quality, after school headed by single mothers has increased that goal with the mandatory funding and other key programs. 25 percent since 1990, to more than 7.5 for the IDEA program. The inclusion of It is because of this desire to fight million households. Although divorce mandatory IDEA funding has gotten us and because I see so much room for im- and widowhood certainly contribute to part of the way there on the commit- provement that I am choosing to stay this figure, the number of out-of-wed- ment of resources that was vital, in my engaged in this process and I am voting lock births has run at about one third mind to match the dramatic increase yes. I believe we can do much, much of all births for the last decade, com- in testing required by an act that con- more. pared to 3.8 percent of all births in 1940. Let me say that again. The number fuses educational accountability with After today, however, there will be of out-of-wedlock births has run at standardized testing. one remaining vote on this bill—on the But, beyond this, we still have to about one-third of all births for the bill that comes out of the Conference make sure, that along with the passage last decade, compared to 3.8 percent of between the Senate and the House. My of the Dodd-Collins Amendment on all births in 1940. vote at that time will be based on the Title I, the Kennedy Amendment on Not all single parent households are considerations I have outlined above. It Teacher Quality and the Boxer amend- headed by women. The number of sin- is my sincere hope that the provisions ment on after school—there will be an gle fathers has also increased, to just in the bill related to the quality, fair- adequate appropriation to match the over 2 million families. Nevertheless, ness and appropriate use of tests will authorization levels so we can truly what I found most striking about the be stronger in the conference report help those students who are already so articles I read was the apparently than in this bill. There must also be an far behind where they should be. With- growing trend of women who choose for iron-clad commitment of resources to out that, this bill will not work. whatever reason to put off marriage, While this is a vote on the final pas- assist disadvantaged students in their but who still decide to go ahead and sage of this bill in the Senate, we all educational opportunities. Finally, the have children, whether by birth or know that much work remains to be bill must ensure full funding for the adoption. The thinking seems to be: done on this bill. Whether it is in test- federal government’s commitment to Don’t settle for less than Mr. Perfect, ing or funding or defining adequate its share of our special education stu- but if the biological alarm is ringing, yearly progress, I think that most peo- dents’ education. But, today, with deep don’t put off having children, either. ple on this side of the aisle know that ambivalence, I have voted ‘‘yes’’ on As Father’s Day approaches, I do wish this bill has a long way to go. I am this bill with hope that we can con- to say a few words in defense of men, committed to remain deeply involved tinue to improve it and the education particularly men in the role of father. in that important work that must be of America’s students. Men are not perfect. I found that out done in the weeks ahead. Therefore, I Again, I want to congratulate the at the beginning of the human race. will vote ‘‘yes’’ today with perhaps the Senators who supported this bill. I Most will never be ‘‘Mr. Perfect.’’ I will deepest ambivalence I have ever felt on voted for it with a considerable amount be the first to admit that. Many men a vote during my years in the United of ambivalence. Making the IDEA pro- squeeze toothpaste from the middle of States Senate and with a message simi- gram mandatory is hugely important the tube and many men do not always lar to the one I laid out when I voted to to Minnesota and other people in the put the cap back on the toothpast tube. send this bill out of committee. country. There were amendments on Men have been known to drink from In particular, in the weeks ahead, as testing, and on recruitment of teach- the milk carton before putting it back the Conference Committee does its ers, and dealing with parental involve- in the refrigerator. Some men cannot work, I will continue to fight to ment that I am proud of, which I seem to find the dirty clothes basket strengthen the fairness and quality of worked on along with others who were for love nor money, and a few mis- the assessments that will be a part of a part of this bill. creants leave their dirty clothes tan- the final bill. Specifically, I will con- When it goes to conference, I get to gled in inside-out knots. Men com- tinue to work toward an effective com- be in the conference committee. I am monly are assigned the once-a-week promise. That compromise was in- going to fight to make the testing di- ‘glory’ jobs like taking out the trash cluded in an amendment which I filed agnostic, without high-stakes con- and mowing the lawn, leaving the daily and was prepared to put forward today. sequences. The money needs to be burden of cooking, cleaning, laundry, I decided that it would be more produc- there in appropriations. If we don’t get and getting kids ready for school to tive for me to wait until another day the money for title I, if we are not able their wives. This I hear from women on to offer that proposal. That amend- to make some of those changes, I may my staff, and it can be readily verified ment would keep in place the assess- well vote against the conference report by asking any married woman within ment system used for determining when it comes back to the floor. For earshot. Fathers do not do their fair whether schools are achieving adequate right now, I want to keep on fighting. share of changing diapers, getting up in yearly progress that was included in I yield the floor. the middle of the night, reading bed- the 1994 reauthorization but has yet to Mr. President, I suggest the absence time stories, helping with homework, be fully implemented. And, it would of a quorum. driving kids to sports practices and allow the annual testing to move for- The PRESIDING OFFICER. The games, or shopping for school clothes. ward. But, it would allow states and clerk will call the roll. From this litany, one might suppose schools to use those additional annual The assistant legislative clerk pro- that women who elect to have children tests only for the diagnostic purposes ceeded to call the roll. without the burden of also caring for a

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6362 CONGRESSIONAL RECORD — SENATE June 14, 2001 husband are the smart ones. I do not vain, never, in all the years I knew read the Biblical admonition, honor advocate that, but in a sense they may him. I never heard him speak ill of his thy father and thy mother. They teach be the smart ones. neighbor. I never saw him sit down at their daughters to expect and to de- But in defense of fathers—and that is the table and grumble at the fare that mand that kind of respect from men. why I take the floor at this time—we was on the table. Not once, never. I They teach the value of work, and of are not simply a drag on the family. Of never heard him speak ill to the good giving one’s best effort at whatever course, it is a little late for me to be woman who raised me—his wife, my task is at hand. Like the Bible admon- referring to myself as a father, except aunt. ishes us: ‘‘Whatsoever thy hand findeth I am one. I am a father and past that When he died, he didn’t owe any man to do, do it with thy might. . . .’’ They stage now. I am a grandfather, and be- a penny. He was as honest as the day is reinforce the importance of family, and yond that I am a great grandfather, long; Humble, hard working, one of the of teamwork. They push their children great in the other sense, the true sense truly few great men, in my opinion, to achieve more than they did, and of the term. I am a ‘‘great’’ grand- that I ever knew. show their pride in their children’s ac- father. It was that man who used to meet me complishments. Dads like mine may We are not as fathers simply a drag on his walk home from the coal mines. not be flashy, as mine was not. They on the family, good only for bringing in In the evening I would look up the rail- may not be demonstrative. But they our share of the family net worth. road tracks. We used to refer to direc- are the solid backbone of the family, a Fathers add a different dimension to tions as up or down—up the railroad refuge in times of trouble. They are en- child-rearing that, historically at tracks. They were really up because during, much more so than networks of least, has proven its value. Fathers are there was a little incline on the rail- friends. They are enduring, meaning often forced to be the ‘‘bad cop’’ to road track. So I always, late in the lasting, ever always the pillar of mother’s ‘‘good cop’’ routine. Mother afternoons, looked up the railroad strength and refuge, much more so gets to be understanding and sympa- track as far as I could see to watch for than networks of friends. thetic, leaving the tough calls to dad, him, the greatest man in my life. I And, finally, fathers kill bugs, which as in ‘‘you’ll have to ask your father,’’ watched for him. I could see him com- alone is reason enough to keep us or ‘‘just wait until your father comes ing from a long way off. I can see him around, I think. home.’’ It is dad who must say ‘‘no.’’ It now: tall, black hair, red mustache, So, women, please, I urge you to re- is dad who leads the miscreant to the slender, carrying a watch in his pocket consider. Most men make pretty good figurative woodshed. Fathers are often on a watch chain. fathers. They love their children and accused of being demanding, but they I would run to meet him. I knew that they add value to their children’s lives. are no more demanding than one’s fu- he had saved a cake for me. And so run- Come Sunday, this Sunday, they will ture boss or coach will be. And it is ning along the railroad tracks, three or be delighted with the loud ties and dads who come to the rescue, dads who four crossties at a time, each time I cheap cologne—maybe cheap cologne— arrive with toolboxes at the scene of would be running fast to meet him. He that are their due on Father’s Day. the automotive failure or at the scene would set down that dinner bucket, he Madam President, I close with a bit of a plumbing crisis. Dads investigate would lift off the lid, and then he would of poetry that always brings to mind the noises in the night. reach down and bring out a cake that the kind man who raised me, who al- Some fathers are overbearing, some he had put into his lunch pail. Here he ways set a fine example for me. I often are obnoxious sideline coaches, to be had worked all day long in the black think, if I were the man that he was, I sure, but many more dads are patient bowels of the Earth and the black dust could really feel good about myself. teachers of baseball pitches and foot- of the coal mine heavy labor, but he The bit of poetry is called, ‘‘The Little ball catches. Some dads teach other had not eaten the cake; he kept it for Chap Who Follows Me.’’ Most Senators, skills, too, such as carpentry or plumb- me. I am sure, have already heard it. ing, or working on the family car. So he reached down into that pail, A careful man I ought to be; Tiger Woods thanks his dad for encour- pulled out that cake, a real 5-cent cake A little fellow follows me; aging him to play golf. Countless 16- back in those days, a 5-cent cake—usu- I do not dare to go astray year-olds have learned to drive with ally two little cakes, perhaps with co- For fear he’ll go the self-same way. their father in the passenger seat, conut icing, wrapped in a piece of wax I cannot once escape his eyes; calmly saying, ‘‘no, not this one but paper, two little cakes for 5 cents. Whatever he sees me do he tries— the other right turn’’ while inwardly How do I know? Because mother sent Like me, he says, he’s going to be; suppressing the desire to grab the me to the store to purchase the gro- The little chap who follows me. wheel to make the turn. ceries. She would tell me: Bring home He thinks that I am good and fine, It was the man who reared me, that the cake. I knew that cake was going Believes in every word of mine; old coal miner dad. He was the only fa- into his dinner pail, but I knew he The base in me he must not see, ther I ever knew, really, having been would save it for me. The little chap who follows me. left without the tender love of a moth- So he would greet me with the tired I must remember as I go, er at the age of barely 1-year-old. The hello of a man who had spent his day in Through summer’s sun and winter’s snow, man who then took me to raise was my the mines and he would give me the I’m preparing for that man to be, A little fellow follows me. uncle by marriage. I did not know the cake that he had saved from his lunch. difference until I was 16 years old. So His work was demanding and phys- Madam President, this former little to me he was dad, really dad. ically draining. He probably could have chap salutes his old Dad, who is watch- It was he who nurtured me in a love used those extra calories, and the extra ing from the diamond towers and the of art and music. He didn’t buy me a energy from that cake, but he always golden streets of Heaven, and all the cowboy suit or a cap buster. As a mat- saved the cake for me. other fellows who rise to the challenge ter of fact, he wasn’t able to buy me He wanted better for me than he had of setting a good example for the chil- very much of anything, but he bought had. He encouraged me in school. He dren who look up to them. for me watercolors; he bought drawing demanded my best work. I know he f tablets; he bought pencils; he bought would have helped me to go to college books—good books. He could hardly if he could have helped me. He cer- SENATE HISTORICAL EDITOR read himself, but as a coal miner he tainly didn’t want me to go to work in WENDY WOLFF knew the worth of an education. He the mines. I never heard him complain Mr. BYRD. Madam President, this didn’t want me to be a coal miner. He about going there day after day and week, the attractions of retirement wanted me to have a better life. So he coming home tired with coal dust still will claim another highly valued Sen- bought me a fiddle, a violin. in his eyebrows, perhaps in his eye- ate staff member. With deeply mixed It was my old dad. He was the best lashes. feelings, I note the departure of Wendy dad I ever knew. He was the best dad, Dads like mine teach important val- Wolff. as far as I was concerned, in the world. ues. They teach their sons to respect Since 1987, Wendy Wolff has served I never heard him use God’s name in their mothers. They teach their sons to the Senate as Historical Editor in the

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6363 Office of the Secretary. Viewers on C– the following order: Herodotus, than I, the pictures I paint with my re- SPAN will not observe Wendy in the Thucydides, Xenophontis Anabasis, marks about my school, my teachers, Senate chamber or at committee hear- Arrian, Quintus Curtius, Diodorus and what I think makes for a good, ings. She fulfills her professional re- Siculus, Justin.’’ This, Jefferson wrote, sound education must seem distant and sponsibilities away from public view in would form his ‘‘first stage of histor- archaic. Sadly my experiences are a the offices of the Senate Historian. ical reading.’’ Next, Jefferson wrote, he world away from the usual classroom Yet, it would be accurate to conclude should read Roman history. climate of today. that she has significantly left her mark I remind Senators, this is Thomas Yet, I caution the skeptics to con- on Senate history; she has even shaped Jefferson speaking. He then rec- sider that there may be some advan- Senate history. ommended reading ‘‘Greek and Latin tages to accumulated years. I believe, I first met Wendy as she began to poetry.’’ He advised reading Virgil, for example, that our nation’s experi- prepare the lengthy and complex index Terence, Horace, Anacreon, Theocritus, ences and experiments with education to Volume One of my four-volume his- Homer, Euripides, Sophocles, Milton’s have taught at least one essential tory, The Senate, 1789–1989. Anyone ‘‘Paradise Lost,’’ Shakespeare, Pope truth: the basic underpinnings of a who has consulted that first volume’s and Swift. solid education have been essentially index is likely to agree that it is most Regarding the subject of morality, the same throughout the history of civ- user-friendly. In 1989, Wendy assumed Jefferson advised, ‘‘read Epictetus, ilized men and women. editorial responsibilities—as well as Xenophontis Memorabilia, Plato’s So- I readily concede that the environ- the indexing chores—for the remaining cratic dialogues, Cicero’s philosophies, ment in my old two-room schoolhouse three volumes in that series. Over the Antoninus—I don’t know whether he was a good deal different from the en- next five years, she handled the count- meant Pius Antoninus or Marcus vironment of the overcrowded schools less tasks—many of them deeply chal- Aurelius Antoninus; it could well have of today. But I believe that those lenging—that fall to editors and pub- been both—and ‘‘Seneca.’’ things which made for a good edu- lishers of encyclopedia-length ref- I was pleased to see what Jefferson cation then, those things which con- erence volumes. found to constitute a quality edu- tributed most to learning, are the same Ten years ago, in the preface to Vol- cation. Those of my colleagues who today as they were when I spent my ume Two, I offered the following as- have heard me speak to any degree weekdays in a tin-roofed wooden build- sessment of Wendy’s contributions to over the years are probably a bit ing, overheated by the pot-bellied that project. amused by at least some of the read- stove, reading Muzzy’s history, in the Her strong editorial hand has skillfully ings suggested by Jefferson. I suppose, 1920’s. shaped this work from a disparate collection to some extent, it sounds like a list of In the school of my youth, we did not of speeches to what I believe is a carefully books that might be in my own per- have computers, but we were plugged balanced and finely coordinated reference sonal collection. But, lest anyone get into our own imaginations. I had no book. Tirelessly dedicated to this project the wrong impression, I do not consider television set. from its inception, Wendy Wolff has main- myself to be on par with that master Parenthetically, I doubt that I am tained herein the editorial standards of Vol- ume One and has convincingly guided the au- thinker, Thomas Jefferson. But I have better off. I probably would have been thor away from tempting side roads. Her in- these, and more. much worse off by having a television dexes to both volumes display a rich and im- Although Jefferson did not have a de- set. pressively detailed knowledge of the Sen- gree as an educator, given his vast ac- But I had no television set with ate’s historical structure. complishments, it seems foolhardy to which to watch videos about distant, Wendy’s editorial hand and critical argue with the merit of his advice to faraway lands, but I had the vision of judgment have also shaped other Sen- his nephew. As a contemporary wrote my own mind’s eye to see life beyond ate historical volumes. Among them of the young Thomas Jefferson, he was my own little corner of the world. Air are Senator Bob Dole’s Historical Al- ‘‘a gentleman of 32 who could calculate conditioning? We opened the windows. manac of the United States Senate an eclipse, survey an estate, tie an ar- Water fountains? We had waters from a (1989); United States Senate Election, tery, plan an edifice, try a cause, break nearby spring. Expulsion and Censure Cases, 1793–1990 a horse, dance a minuet, and play the I used to go out in the summertime (1995); Senator Mark Hatfield’s Vice violin.’’ May I also add, that he was the and lie down in the old springhouse— Presidents of the United States, 1789– author of the Declaration of Independ- lie down on my belly, let the damp, 1993 (1997); Minutes of the U.S. Senate ence and ‘‘Notes on Virginia,’’ the cool ground touch my breasts, put my Republican Conference, 1911–1964 (1999); founder of the University of Virginia, face, as it were, into that spring, and and Capitol Builder: The Shorthand an ambassador to France, a Secretary drink that cool water that bubbled Journals of Captain Montgomery C. of State, a Vice President, and Presi- from the white sands of the spring. And Meigs, 1853–1861 (2001). dent of the United States. in school, I was always hoping I would I know that I speak for Wendy In his closing lines to his nephew, be one of the two boys who would be Wolff’s colleagues and other admirers Jefferson said, ‘‘I have nothing further sent by the schoolteacher over the hill in wishing Wendy Wolff a most enjoy- to add for the present, but husband to the spring to bring back water in a able retirement. We won’t ever forget well your time, cherish your instruc- bucket for all of the children in the her. tors, strive to make everybody your room. We drank out of one dipper—all (Mr. BAYH assumed the chair.) friend; and be assured that nothing will of us. We didn’t think anything about f be so pleasing as your success.’’ sanitation so much in those days, al- Do you hear what he said? ‘‘Cherish though we did read ‘‘Hygiene.’’ That STATE OF PUBLIC EDUCATION your instructors, strive to make every- was one of the books we read in school. Mr. BYRD. Mr. President, not long body your friend.’’ These simple but But I can remember in later years ago, I came across a letter from Thom- fundamental guidelines are as appro- when my mom kept boarders in the as Jefferson to his nephew, Peter Carr, priate today as they were when Jeffer- coal camp, and we got our drinking which discussed the elements of a good son wrote them. water from a pump, one pump for every education. In his letter dated August There is great wisdom in that letter. half dozen houses in a row of coal min- 19, 1789, Jefferson advised his nephew Wise council that I think we would do ers’ homes. We would go out to the to divide his studies into three main well to follow today. Jefferson obvi- pump and bring up the water, pumping areas: Give the principal to History, ously knew that a good education can it up and down, and bring the water to the other two, which should be shorter, make the difference in the life course the house. And the boarders, those coal to Philosophy and Poetry. of any individual. He knew the value of miners who boarded at my mom’s ‘‘Begin [with] a course of ancient his- good teachers. house, and I all drank from the same tory,’’ Jefferson wrote, ‘‘First read I have spoken on this floor, many dipper. Goldsmith’s history of Greece.... times before, about my early years as a We didn’t have hard drives, but we Then take up ancient history in the de- student in a two-room schoolhouse. I were driven hard, to work, to learn, to tail, reading the following books, in imagine that to those much younger succeed.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6364 CONGRESSIONAL RECORD — SENATE June 14, 2001 We had only two rooms in the little teacher, in our society today, can rare- changed the story, left out the heroes, schoolhouses that I first attended, be- ly take a real interest in a student’s and glossed over the ugly realities of ginning in 1923, but those rooms were life beyond the schoolyard, without our past. filled with students respectfully seek- fear of being reprimanded by the Make no mistake about it, this coun- ing to learn. We had dedicated teachers school, without fear of being accused of try has made its fair share of mistakes. who expected the best from their stu- some transgression, without fear even We have had more than a helping or dents and they did not tolerate medioc- of being the subject of some lawsuit. two of ugliness. But to pick up a his- rity nor did they tolerate bad behavior. There are plenty of well-meaning, tal- tory book today and read of the politi- There was a category on that report ented, inspiring teachers in our schools cally correct Shangri-La portrayed card that had a designation spelled D- today. But, they are up against a lot. within, you would hardly know it. How E-P-O-R-T-M-E-N-T: Deportment. I al- Too often today, parents resent a can we possibly expect our children to ways knew that in taking that grade teacher who disciplines their child. learn from our mistakes if we hide the card home to my coal miner dad, he They put pressure on teachers to pass realities of our mistakes from them? would look it over carefully, and he children who should fail, and they put Sugar-coated history cannot teach. would look at that designation: De- pressure on principals to bestow honors My experiences have led me to con- portment. It had better be good. on students who do not earn them. As clude that for the sake of our children In those modest two rooms, we were a result, achievement is downgraded. and for the future of our Nation we close to one another and we were close Excellence is not encouraged. Expecta- must insist upon a return to excel- to our dear, dear teachers who loved tions are lowered. lence. We need to teach the value of us, who inspired us to learn, who in- In my youth, we were less sheltered hard work. We ought not be afraid of spired us to seek excellence. We some- from the responsibilities and the reali- it. I never knew anyone who died from times had to share desks and rub el- ties of life than are the children of hard work, except John Henry, the bows and actually touch—which meant today. I know that may seem hard to steel-driving man. that, whether we liked our classmates believe. But I think it is true. Particu- We need to honor and reward real or not, we were forced to be civil to one larly in the coal camps where I grew achievement. We need to temper re- another and to recognize our human up, we saw, up close, the consequences ward with reality. We need to insist on bonds. of our actions. Chores left undone, civility. We could do a lot of that right Teachers got to know their students. meant hardships for the entire family. here in this Chamber. We need to en- And, my, how I swelled with pride Death was always lingering around the courage understanding, not deny dif- when my teacher would pat me on the entrance to the coal mines. Hunger was ferences. We need less high tech and top of the head and say: ROBERT, you a regular visitor. Money was scarce and more high standards. Above all—we did a good job. You did well on your it had real value. We saw what it was have heard it so many times, I will say test. to work hard for a day’s wages, only to it again because it is true—we need to Teachers got to know their students, have those wages eaten up paying for get back to basics. got to recognize their moods and indi- the most basic of life’s necessities. We need to ensure that our children vidual needs. Teachers could see in the May I say to the youth of the coun- are provided a firm foundation in read- twinkle of their charges’ eyes what mo- try, and to the youth who sit in these ing, in writing, in arithmetic, in tivated their charges, and they could Chambers on each side of the Presiding science, in history. We need to ensure hear in the collective groans of frustra- Officer’s chair, my first job was in a that our schools are places in which tion what bewildered their charges. I gas station. They were not service sta- our students can learn. That is much of had teachers who inspired me to learn. tions in those days, they were gas sta- what we have been talking about for I wanted that pat on the head. I tions. I remember the cold mornings of the last 8 weeks in this Chamber. That wanted that pat on the back. January and February 1935—my first is much of what this legislation we I wanted the other students to hear job in a gas station. My pay? Fifty dol- passed today is about. the teacher compliment me on having lars a month. That is $600 a year. I We need to ensure that the school- passed a hard test in spelling, doing a walked 4 miles to work and 4 miles house is a place of study, of hard work, good job: 100 percent. ROBERT, you got home, if I wasn’t fortunate enough to not revelry. We need more, not less, 100 percent on your spelling test, and be able to catch a ride on a milk truck discipline. It is time for a return to the so on. And other boys and girls were or a bread truck. days when traditional values like re- likewise inspired. My parents demanded a lot of me. spect, loyalty, honor, and integrity I had teachers who seemed to be They did not accept excuses. I knew meant something. A lot of us could truly fulfilling a calling. Teachers in that if I got a whipping at school, an- also learn these things anew. my youth could give hugs, and did. other was waiting for me when I got I truly believe that in our desire to Teachers in my youth could enforce home or as soon as my parents heard find the cure to our educational prob- the rules, and they did. about the whipping at school. As much lems, we have gone far afield. We have Today, though crowded, distance as my mom and dad may have wanted neglected perhaps the most important seems to be the norm. Don’t touch. me to have a better life than they had ingredient. High-tech gadgets, glossy Don’t get too close. Don’t get too in- known, they seemed to know that the textbooks filled with pictures but little volved. Don’t spend too much time path to a better life was also a rocky narrative, costly frills, and bigger with one student. one. They didn’t try to pave my way. buildings are not the answer. The in- After school, students walk out of They told me the truth. They taught nate desire to learn that resides in the the schoolhouse door and into an apa- me to cut through the brush, to work human spirit is the commodity that we thetic culture where passers-by don’t hard to push barriers out of my way, are wasting. It is a precious com- bother to say hello, where neighbors and to climb over the hurdles that cir- modity, indeed, and it will flow abun- often don’t bother to learn other neigh- cumstances erected. dantly if given the attention, the direc- bors’ names. Young people are growing This is where I think we have failed, tion, the encouragement that it needs up in our society lacking respect for in many instances, our young people to take firm root. their elders, lacking respect for their today. We shower them with material Challenge is the component which we peers, and lacking respect, all to often, goods. We buy them a car to drive just seem to fear: Let’s don’t have chal- even for themselves. And, in our world around the corner to the schoolyard. lenge; Let’s don’t have too much com- of two-parent working families and sin- We protect their egos like fine china. petition. gle mothers, it is harder than ever for We encourage them to take the easy Challenge a child to learn something parents to provide the discipline, the route. Books are dumbed down to make difficult. Challenge a child to be the guidance, and the moral compass that studies easier. Tests are abandoned or best in his class. I say that almost to our children so desperately need. graded on a curve because too many every young person with whom I stop Teachers are being led to feel that students can’t pass them. Our history to talk: Be the best in your class; be their place in a student’s life ends at books, so-called history books, are the best. Make that child know that the last bell of the day. A well-meaning bland and inaccurate because we have hard work pays off. Ask him for more,

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6365 not less. Encourage him to find his shows that there were fewer students in some subjects. I am not saying I unique talents. Then work with those for each teacher in 1999 than there were would be a good teacher in chemistry youngsters who have a tougher time; in 1959–1960. or physics. But put me in a classroom don’t lower the standards, lift the I remember in my high school grad- with children, give me a good text sights. Encourage our children to reach uation class, there were 28 students book, and I could teach history, read- as high as they can. Don’t tolerate less. who ended up with diplomas. That was ing, spelling, and so on. So perhaps we Reward them, then, for achievement. in 1934. We had 28 students in my class, spend too much time on methodology. Yet instead of challenging our chil- not 90 or 100. But there was discipline. I speak as a layman today, but I have dren to do their best, I believe that all We paid attention. We had teachers some perception of what is going on in too often the focus of today’s education who demanded that of us, teachers who this country and some opinion as to system has become quite different. We could teach, teachers who loved us, what ought to be done. have all been told that new theories teachers who were dedicated, and we One of my perceptions is that many and creative methods would bring new learned from them. teachers would have to spend a great life to our failing public schools. We The growth of support personnel in deal of time on methodology, the new- have put billions into almost every the education area has mushroomed. est method of teaching this or that trendy remedy offered. We have tried Such things as reading specialists, subject. Just give me Muzzy’s Amer- everything from audio language labs to guidance counselors, special ed teach- ican History, and I am vain enough to personal computers to team teaching ers, clerical assistants, teacher’s aides, think that I could teach. What I am to new math to teacher empowerment, have grown from 700,000 in 1960 to 2.5 saying is we probably expect too much and still we flounder. million in 1999—almost a fourfold in- of our teachers in many ways—teach- According to the testing, we still suf- crease. And although America has one ing this new method and that new fer from a pervasive inability to pass of the highest costs of education per method—but not enough of substance, on the accumulated knowledge of civ- student, it is not first in teacher sala- which has been here from the begin- ilization from one generation to the ries. ning. H2O was H2O when Adam and Eve What do our dollars buy? We had next. were in the garden, you see. CO2 was 2,826,146 teachers in our elementary What is the problem? Well, the prob- CO2 way back yonder. So H2O hasn’t and secondary schools in 1998, as op- lems are legion. But the major prob- changed since Adam and Eve were driv- posed to 1,353,372 teachers in 1959–1960. lem, I suspect, is the systematic dis- en from the garden. It is still plain old So we have roughly doubled the num- carding of traditional scholarship as an water, drinking water; it tastes the ber of teachers we had 40 years ago. agreed-upon goal. Instead many in the same. It has not changed, much like But we had 93,058 guidance counselors education establishment have opted for human nature. That hasn’t changed in 1998 compared to 14,643 in 1959–1960, a strange form of psychological and so- from the beginning, since Cane slew or more than 5 times the number of cial experiments in our schools and Abel. Men and women are still slaying guidance counselors. often with disastrous results that one another. shortchange and even denigrate true We have poured money—and I have academic achievement and excellence. voted for it—we have poured money So, in my view, we need to take an The goals, the ideals, the practices, into title I funding. Yet we skimp on entirely new look at the way we fund and curricula have been altered over funding for the gifted and the talented. education, at the way we train teach- the past three decades, usually without I got in on the ground floor when it ers, and at the curricula and the meth- the clear awareness of parents. The re- comes to Federal education programs ods used on our children. sult is inferior standards both for the and funding for education. I was in the Our public school system has become teaching of students and for the train- House of Representatives when there top heavy with a whole host of people ing of teachers. was a great debate as to whether or not who are not directly involved with get- The usual answer to such complaints we should spend Federal moneys on ting our kids to learn. We have more is ‘‘we need more money.’’ Surely if we Federal programs for education. I have teachers, but fewer of them have de- pour enough money into our education no problem with helping truly dis- grees in the subjects they teach, and coffers, something of value will be pro- advantaged children gain good skills, fewer of them see teaching as a lifelong duced. I used to firmly believe this but I fear that the definition of ‘‘dis- career. We are turning our kids loose golden rule of educational cause and ef- advantaged’’ has been broadened to on the job market with too few tools fect. I am a little skeptical of it now. cover a variety of learning problems, and little or no appreciation for what a In 1959–60, we were spending, on aver- and a good solid education is becoming good education means for their futures. age, $375 per student in our public ele- less of a priority than identifying chil- Children who fail to achieve a college mentary and secondary schools. That dren for counseling or special help so education will lose some $20,000 a year amounts to $2,065 per student adjusted that more title I funds will flow. in income as adults. The former CEO of for inflation. In 1997–98, we were spend- Our children’s failure to learn is not, Xerox, David Kearns, estimates that ing $6,662 for every child, roughly three I suspect, the fault of poverty always. poor schooling costs businesses some times the amount we spent in 1959–60. In some of the most poverty-stricken $50 billion a year in remedial work. In inflation adjusted dollars, we are families I have seen in my lifetime, now spending three times more per many of the best students were nur- We are failing our kids and we are child than in 1960, when in 1960 per- tured. So our children’s failure to learn failing our kids in the most funda- formance was generally higher than it is not, I suspect, the fault of poverty mental responsibility that we have to is today. always, or of being emotionally dam- them—the responsibility to provide According to the U.S. Department of aged by their environment, as much as them with a good education. Education’s National Center for Edu- it is due, in many instances, to fad- Children need to know what is ex- cation Statistics, in the fall of 1959, dism, political correctness, and a gen- pected of them. Then they need to be there were a total of 35 million stu- eral failure to teach with tried and given the tools with which to achieve dents enrolled in America’s public ele- true methods. their goals. They need to be told that mentary and secondary schools. I may be a bit vain—we are all vain— it is a tough old world out there—a In the fall of 1999, 40 years later, but I believe I could teach students. I tough old world—and that the competi- there were 46,800,000 students, an in- don’t know anything about the modern tion is global—not just in Sophia, my crease of 11 million students in 40 methods of teaching. I don’t care about hometown of 1,160 souls. The competi- years. The pupil-to-teacher ratio in that. As far as I am concerned, I could tion is global. There will be no 1959–1960 was roughly 26 students for teach those children. I am not a teach- dumbing down of standards out there every teacher. In 1999, again, 40 years er, nor is every Senator in this body. A in that world. There will be no grade later, the student-to-teacher ratio had few Senators here have been school- inflation out there in the real world. improved to roughly 16 students for teachers. But I think most, if not all, There will be no social promotion out every teacher. I am talking about full- of the Senators on both sides of the there in the real world of global com- time teachers. In other words, the data aisle could be good teachers—certainly petition. It is going to be rough.

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6366 CONGRESSIONAL RECORD — SENATE June 14, 2001 The consequences for a poor edu- A young child’s soft and yielding heart. afresh at why we are failing our kids, cation will be lifelong, and the con- I came again when years were gone, regardless of whose flaws that fresh sequences will be harsh. And that is an- He was a man I looked upon. look may reveal. More money won’t other thing that we should be teaching He still that early impress wore, help if it is not properly used. More our children, namely, that there are And I could change him nevermore. teachers won’t help much if they are consequences for one’s actions and in- That is the teacher. The responsibil- not properly trained. Our society has actions. I do not view this bill through ities placed on a good teacher are changed. There are more single-parent rose colored glasses as the definitive heavy in today’s world certainly. families and more families where both cure to what ails our educational sys- How can we expect as a nation to parents work today. Simple changes tem, but I think that bill that passed a continue to be a world leader with a such as a 9-to-5 schoolday might do little earlier today is at least a depar- population that is ignorant of the more to address some of the problems ture from the status quo. That legisla- worth of a good teacher, a population in our schools than all the counselors tion looks at education from new an- that is ignorant of the basics in math, and afterschool programs we can fund. gles, and offers the chance—the science, and history? Look at the other industrial coun- chance—to get a better handle on the I understand that in some States his- tries of this world. They don’t make challenge before us. tory is not a required course in the cur- life quite so easy as we like to do here The public school choice provisions ricula of public schools. What a shame. in this country, apparently. We spend offer some degree of hope, though lim- What a mistake. Cicero said: To be ig- gobs of money, train loads of money— ited, to parents who are fighting failing norant of what occurred before you and I have voted for it for more than 50 schools and trying desperately to give were born is to remain always a child. years, 49 years to be exact—yet today their children a solid education. I am not talking about social studies. we are not turning out the quality of These are the most important people Social studies are all right in their students with quality education that in the world: their children. These are place. I am talking about history. It many of our industrial competitors are the parents’ most priceless possession: has been considerably garbled these turning out. They go to school longer their children. No wonder people are days. We try to change the facts of his- in those countries and so the work is searching for some other way. No won- tory, but the facts are there, and they harder. der. They want their children to have ought to be taught. We ought to be School uniforms might make stu- the best. They want their children to plain about it, upfront about it, and try dents focus more on their heads and have good teachers. to profit by our mistakes. less on their bodies. The longer school- Furthermore, this legislation we Provisions that I supported in this day might do more to address some of passed today puts our public schools on bill are aimed at addressing the lack of the problems in our schools than all of notice that they must improve. So we qualified math and science teachers in the counselor and afterschool programs are saying to the public school system, this Nation. we can find. Better textbooks that uti- we are saying to the administrators in At this point, I should also say that lize the tried and true methods of that system, we are saying to the prin- whatever dollar figure emerges from teaching could certainly go a long way cipals and the teachers in that system, the House-Senate conference on this toward shoring up basic skills. It might we are saying to the teachers union bill will place a burden on the appropri- not be a bad idea to bring back the old they must improve. ators to fund, given the tight budget McGuffy readers. An emphasis on clas- The bill also creates consequences if constraints under which we will be la- sic literature and poetry could provide schools do not improve. So the time of boring and the behemoth tax cuts our youngsters with a glimpse of beau- reckoning is at hand. The legislation which siphoned off many of the dollars ty and a sense of the spiritual side of requires annual testing to track our which could have been used to pay for human nature so absent in our empty, children’s progress in the areas of this bill, but if the President signs the vulgar, popular culture. Clearly, there mathematics, science, reading, and his- bill that emanates from the con- is much more to do in education than tory. ference, then I will assume—and I can be done in one single piece of legis- Moreover, the legislation insists think I will have a right to assume— lation. upon a national gauge to more accu- that the Appropriations Committee We cannot afford to lose another gen- rately measure public schools and to will have the help of the White House eration of children to fads. James A. help compare what works and what and the help on both sides of the aisle Garfield, a President of the United does not work. to provide the money to fund the bill. States, who was assassinated, said: This bill also places an emphasis on I hope some of the new approaches Give me my old teacher, Mark Hop- teacher quality. When will we come to contained in the bill will foster in- kins, on one end of the log and me, my- know in this country that no pricetag creased excellence among our Nation’s self, on the other end, and there will be can be placed upon teacher quality? No schools, but I believe we are going to a university. pricetag. An emphasis is put on re- need further reform. While I can agree So, it is the teacher, the child, and cruiting qualified teachers. When are with the ‘‘leave no child behind’’ slo- the attitude that count. we going to learn that a qualified, dedi- gan which has characterized the Presi- We cannot afford to deafen our ears cated, conscientious teacher is worth dent’s education initiative and much of to all views except those in the edu- far more than the finest athlete in this the debate on this legislation, I hope cation establishment. We must strive country, far more than the most clev- we also will endeavor to slow no child again for excellence in learning and to er, sharpest, most attractive network down if that child has extraordinary return to proven methods, no matter anchor man or woman? The teacher is abilities. And the child does not have whose toes it may step on. The public worth far more—the teacher. to come out of an affluent home to is outraged. The survival of the public The teacher holds in his or her hands have extraordinary abilities. school system is at stake, not to men- that most priceless resource possessed I fear that sometimes in our ap- tion the future of our children and our by this Nation. That teacher molds proach to education we concentrate so Nation. I think the education estab- that child, its outlook, its attitude. much on bringing the slower students lishment—meaning the administrators, I took a piece of plastic clay up to speed that we fail the child who the principals, the teachers, the teach- And idly fashioned it one day, can and should race ahead. And while ers unions, and all—had better read the And as my fingers pressed it still testing for achievement is a good idea, handwriting on the wall. A good public It moved and yielded to my will. it will mean little if the focus is on ma- school system is what this Nation I came again when days were past, nipulating scores in order to make par- needs. It is what we want. That is what The bit of clay was hard at last. ents feel good or in order to capture we have been spending millions of dol- The form I gave it, it still bore, more education dollars from the Fed- lars for. But it is time to wake up, time And I could change that form no more. eral Government for the school. for an accounting, time to understand I took a piece of living clay I don’t believe in bumper sticker pol- that all things are not well in this pub- And gently formed it day by day, itics. I don’t believe in bumper sticker lic school system. And if we don’t And molded with my power and art education policy. It is time to look shape up—you talk about vouchers,

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY June 14, 2001 CONGRESSIONAL RECORD — SENATE S6367 talk about private schools—you better that for the money spent we are turn- have marched off to battle under the be watching the handwriting on the ing out worse students, generally flag. It was at Fort McHenry during wall. speaking, than it used to be when we the War of 1812. It was there at Gettys- Some years ago I traveled down to were spending far less money. burg, at San Juan Hill, and at Nor- the old Biblical city of Babylon by the It is up to us who do believe in public mandy. side of the Euphrates River and I vis- schooling to see what is happening and But more than soldiers have been in- ited a place where it was said that to do whatever it takes to restore con- spired and guided by our Nation’s col- Belshazzar feasted with 1,000 of his fidence in public education. We owe ors. lords. And as he feasted, blind and that to our kids. We owe that to their I can’t begin to explain what a thrill dying, there appeared on the wall near parents. And we owe it to the country it is for me to visit a school and see the candlestick, a hand. That hand we all claim to love. young children putting their chubby wrote on the wall. And Belshazzar sum- hands on their hearts and pledging al- f moned all of his magicians and his wise legiance to ‘‘the flag of the United men and asked them to interpret the FLAG DAY States of America and to the republic for which it stands.’’ When I see such a handwriting that appeared on the wall. Mr. BYRD. Mr. President: It seems to me the handwriting said: sight, I feel confident for the future of Hats off! our great land. Whatever our current mene, mene, tekel, upharsin. I hope Along the street there comes that is right. It has been a while since A blare of bugles, a ruffle of drums, troubles might be, I somehow know I read it: Mene, mene, tekel, upharsin. A flash of color beneath the sky: that everything will be all right. Our And the queen said, this young man Hats off! flag, as it has throughout our history, who can interpret that writing, his The flag is passing by! continues to transcend our differences, name is Daniel. And so the king who Blue and crimson and white it shines, and affirm our common bond as a peo- was trembling, his knees were shaking, Over the steel-tipped, ordered lines. ple and our solemn unity as a great Na- summoned Daniel. Hats off! tion. Daniel was asked to interpret the The colors before us fly; The United States Senate now begins writing. And he interpreted the writing But more than the flag is passing by. each morning by pledging allegiance to to mean: God, thou art weighed in the Sea-fights and land-fights, grim and great, the flag. Speaking those few, but stir- balances and art found wanting. God Fought to make and save the State: ring, words, while looking at Old Weary marches and sinking ships; Glory, still inspires me and reminds me hath numbered thy kingdom and fin- Cheers of victory on dying lips; ished it. of how fortunate I am to be an Amer- Days of plenty and years of peace; ican, to be a West Virginian, and to be That night, Belshazzar was slain and March of a strong land’s swift increase; his kingdom was taken over by the a United States Senator. Equal justice, right and law, On Flag Day, 1917, President Wood- Medes and Persians. So we should see Stately honor and reverend awe; the handwriting on the wall. We better row Wilson noted: ‘‘though silent it Sign of a nation, great and strong [our flag] speaks to us’’ and indeed it learn that the public school system To ward her people from foreign wrong; needs to shape up. We spend billions on Pride and glory and honor, all does. it. Parents need to back up their teach- Live in the colors to stand or fall. It speaks to us of great events—of ers and participate in the PTAs, and we Hats off! our liberty; of our history; of our fu- should pay teachers, good teachers, sal- Along the street there comes ture. It speaks to us of the freedom aries that are commensurate with their A blare of bugles, a ruffle of drums; that is the basis, and the enduring worth. And loyal hearts are beating high: promise, of our Republic. No football player was ever equal to Hats off! ‘‘Hats off,’’ Mr President, ‘‘the colors the worth of a good teacher. No tele- The flag is passing by! before us fly; But more than the flag is vision anchorperson was ever worth Mr. President, today is Flag Day. It passing by.’’ I close by citing those memorable, more than a good teacher. That may is the birthday of our Stars and moving lines from the second stanza of sound like an extremist talking, but Stripes. It was on June 14, 1777, that our national anthem: there is something to what I am say- the Second Continental Congress ing. You better believe it. And I might passed the resolution authorizing the Tis the Star-Spangled Banner. O long may it say this, too. There is no politician creation of a flag to symbolize the new wave O’er the land of the free and the home of the who is ever worth more than a good Nation, the United States of America. This is not a federal holiday, but to brave. teacher. Mr. President, I yield the floor. I sug- When American students do so poorly me it is one of the most important days of the year. Flag day is our na- gest the absence of a quorum. in international mathematics assess- The PRESIDING OFFICER. The ments that they score 19th out of 21 nation’s way of honoring, celebrating, and paying our respects to the very clerk will call the roll. tions, the handwriting should be on the The legislative clerk proceeded to symbol of our nation. As the poem wall. It is clear that it is not vouchers call the roll. that threaten our public schools. It is says: ‘‘more than the flag is passing Mr. LEVIN. Mr. President, I ask the inadequate education that our pub- by.’’ unanimous consent that further pro- lic schools offer and parental frustra- Henry Ward Beecher explained that ceedings under the quorum call be dis- tion that threaten to undermine con- ‘‘a thoughtful mind when it sees our pensed with, and that I be allowed to fidence in public education. And it is nation’s flag, sees not the flag, but the proceed in morning business for 4 min- high time that we realize that. nation itself.’’ utes. There are many public schools that More than this, Old Glory represents The PRESIDING OFFICER. Without are great schools. There are a lot of the values and principles of our nation. objection, it is so ordered. The Senator good schools in this country, and a lot It commemorates our nation’s glorious from Michigan. past, and it offers hope for an even of good teachers. But we need to lift f the level of all the boats. more glorious future. According to the U.S. Department of Born at the beginning of the Amer- IN MEMORY OF VERNA ‘‘SUZY’’ Education, nearly 1 million children ican Revolution, the Stars and Stripes JOYCE, DEDICATED PUBLIC have been pulled out of public schools is a celebration of our independence SERVANT, WIFE AND MOTHER and are being educated at home by and our freedom as well as our strength Mr. LEVIN. Mr. President, I rise to- their parents. That number is sure to and our security. It was there, being night to pay tribute to Suzy Joyce who grow. raised and saluted during some of the passed away today Thursday, June 14, Yes, parents are concerned by the vi- proudest moments in our nation’s his- 2001. Her sudden and untimely death olence that is occurring in the schools, tory as in Iwo Jima in 1945 and on the leaves a void that for those who knew concerned by the falling grades of their Moon in 1969. And it has been there in and loved Suzy will never be filled. children, concerned by the lack of dis- every major conflict in American his- Born Verna Joyce, but called Suzy by cipline in the public schools, concerned tory as millions of young Americans those knew her, in North Carolina on

VerDate Mar 15 2010 03:27 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S6368 CONGRESSIONAL RECORD — SENATE June 14, 2001 September 15, 1957, Suzy began work in come into work with him, hours before REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF the United States Senate over two dec- our office opened so that she could ride AMERICA TO ISRAEL. ades ago as a cashier in the Senate to and from work with him. After RUSSELL F. FREEMAN, OF NORTH DAKOTA, TO BE AM- BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF Restaurants. Since 1986, I had the work, Suzy frequently volunteered at THE UNITED STATES OF AMERICA TO BELIZE. privilege of having Suzy on my staff. her church where she was a regular CLARK KENT ERVIN, OF TEXAS, TO BE INSPECTOR GEN- ERAL, DEPARTMENT OF STATE, VICE JACQUELYN L. WIL- During her tenure on my staff, she was attendee and an important contributor. LIAMS-BRIDGES, RESIGNED. a model employee whose expertise, She is survived by three wonderful RICHARD J. EGAN, OF MASSACHUSETTS, TO BE AMBAS- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF dedication, diligence and attention to daughters: Andrea, Candice and Dawn THE UNITED STATES OF AMERICA TO IRELAND. detail enabled my office to respond to of whom she was extremely proud and VINCENT MARTIN BATTLE, OF THE DISTRICT OF CO- LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN constituents efficiently and effectively. talked about frequently. SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR Suzy played a vital role in advancing One never is able to prepare for the EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF LEB- and modernizing our office’s mail sys- death of a friend or loved one. However, ANON. tem. She arrived in the era of carbon I trust that the friends, family and IN THE ARMY copies and mimeograph machines, but faith that were so important to Suzy in THE FOLLOWING NAMED OFFICER FOR APPOINTMENT she helped implement a new mail sys- her life will continue to sustain her IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND tem that responds to the needs of the family in the days, months and years RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: computer era when letters are as likely ahead. I and my staff will keep Suzy To be lieutenant general to arrive by email as they are by the Joyce and her family in our thoughts US Postal Service. While my constitu- and prayers. I know that the Senate LT. GEN. JAMES C. RILEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ents may have never had the oppor- family joins me in offering their condo- IN THE UNITED STATES ARMY TO THE GRADE INDICATED tunity to personally meet Suzy, tens of lences to the family of Verna ‘‘Suzy’’ WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND thousands of them received constituent Joyce on the occasion of their great RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: services, United States flags flown over loss. To be lieutenant general the Capital and heard from me by mail I thank the Chair. MAJ. GEN. WILLIAM S. WALLACE, 0000 because of her organization and efforts. Mr. President, I suggest the absence THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Suzy was more than a dedicated em- of a quorum. IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ployee. She was a warm and friendly The PRESIDING OFFICER. The RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: woman whose infectious smile, sense of clerk will call the roll. To be lieutenant general The legislative clerk proceeded to humor and love for the Pittsburgh LT. GEN. LARRY R. JORDAN, 0000 Steelers filled our office, and earned call the roll. Mr. LEVIN. Mr. President, I ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT her friends throughout the Senate. It IN THE UNITED STATES ARMY TO THE GRADE INDICATED seems as if everyone knew Suzy. She unanimous consent that the order for WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: was the one who welcomed interns and the quorum call be rescinded. To be lieutenant general told my staffers, who are prone to The PRESIDING OFFICER. Without working long days, to remember to call objection, it is so ordered. MAJ. GEN. BENJAMIN S. GRIFFIN, 0000 their parents. When members of my f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED staff went to the Senate Printing Of- ADJOURNMENT UNTIL 1 P.M. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND fice or the Architect of the Capitol, MONDAY, JUNE 18, 2001 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: they were often admonished with or- To be lieutenant general The PRESIDING OFFICER. Under ders to say ‘‘Hello to Suzy.’’ LT. GEN. LEON J. LAPORTE, 0000 the previous order, the Senate stands I wish that more of my constituents adjourned until 1 p.m. Monday, June f had the opportunity to meet Suzy and 18, 2001. her husband Rick. The two of them CONFIRMATIONS Thereupon, the Senate, at 8:30 p.m., worked together in the United States adjourned until Monday, June 18, 2000, Executive nominations confirmed by Senate, and this is a better place be- at 1 p.m. the Senate June 14, 2001: cause of them. EXECUTIVE OFFICE OF THE PRESIDENT Suzy and Rick’s dedication extended f JAMES LAURENCE CONNAUGHTON, OF THE DISTRICT far beyond work. They were dedicated NOMINATIONS OF COLUMBIA, TO BE A MEMBER OF THE COUNCIL ON EN- to each other, their three children, Executive nominations received by VIRONMENTAL QUALITY. their family and their God. Together, the Senate June 14, 2001: ENVIRONMENTAL PROTECTION AGENCY they embodied the American values of DEPARTMENT OF THE INTERIOR STEPHEN L. JOHNSON, OF MARYLAND, TO BE ASSIST- hard-work, faith and loyalty. Suzy and ANT ADMINISTRATOR FOR TOXIC SUBSTANCES OF THE FRANCES P. MAINELLA, OF FLORIDA, TO BE DIRECTOR ENVIRONMENTAL PROTECTION AGENCY. Rick, both natives of North Carolina, OF THE NATIONAL PARK SERVICE, VICE ROBERT G. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT recently celebrated another anniver- STANTON, RESIGNED. TO THE NOMINEE’S COMMITMENT TO RESPOND TO RE- JOHN W. KEYS, III, OF UTAH, TO BE COMMISSIONER OF QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY sary together. Their love for each other RECLAMATION, VICE ELUID LEVI MARTINEZ, RESIGNED. CONSTITUTED COMMITTEE OF THE SENATE. was evident to all. Rick works as the DEPARTMENT OF STATE DEPARTMENT OF JUSTICE Facilities Supervisor under the Office DANIEL C. KURTZER, OF MARYLAND, A CAREER MEM- CHARLES A. JAMES, JR., OF VIRGINIA, TO BE AN AS- of the Superintendent, and Suzy would BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- SISTANT ATTORNEY GENERAL.

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