Congressional Record—Senate S5613
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May 24, 2001 CONGRESSIONAL RECORD — SENATE S5613 EC–2042. A communication from the Acting dren with disabilities when federal law au- By Mr. REED for the Committee on Armed Chief of the Marine Mammal Conservation thorizes the appropriation of up to forty per Services. Division, National Marine Fisheries Service, cent; and The following named officer for appoint- Office of Protected Resources, Department of Whereas, the Hawaii Department of Edu- ment in the Reserve of the Air Force to the Commerce, transmitting, pursuant to law, cation received approximately $23,500,000 in grade indicated under title 10, U.S.C., section the report of a rule entitled ‘‘Taking of Ma- federal funds during fiscal year 1999–2000 for 12203: rine Mammals Incidental to Commercial what was then referred to as ‘‘education of To be brigadier general Fishing Operations; Atlantic Large Whale the handicapped’’. If this figure represented Col. Fred F. Castle Jr., 0000 Take Reduction Plan Regulations’’ (RIN0648– an appropriation of funds for ten per cent of AN88) received on May 21, 2001; to the Com- special education and related services for The following named officers for appoint- mittee on Commerce, Science, and Transpor- children with disabilities, then an appropria- ment in the Reserve of the Air Force to the tation. tion of forty per cent would have equaled grade indicated under title 10, U.S.C., section EC–2043. A communication from the Acting $94,000,000; and 12203: Chief of the Marine Mammal Conservation Whereas, the difference between an appro- To be major general Division, National Marine Fisheries Service, priation of forty per cent and an appropria- Brig. Gen. James Sanders, 0000 Office of Protected Resources, Department of tion of ten per cent for ‘‘education of the Brig. Gen. David E. Tanzi, 0000 Commerce, transmitting, pursuant to law, handicapped’’ would amount to $70,500,000 The following named officers for appoint- the report of a rule entitled ‘‘Taking of Ma- just for the Department of Education. If the ment in the United States Air Force to the rine Mammals Incidental to Commercial number of students receiving special edu- grade indicated under title 10, U.S.C., section Fishing Operations; Atlantic Large Whale cation and related services equaled 22,000 624: Take Reduction Plan Regulations; Remove during the fiscal year 1999–2000, then the dif- To be major general and Reserve Gear Marking Requirements for ference would have amounted to approxi- Northeast U.S. Fisheries’’ (RIN0648–AN40) re- mately $3,200 per student; and Brig. Gen. Kevin P. Chilton, 0000 ceived on May 21, 2001; to the Committee on Whereas, the State of Hawaii, through the Brig. Gen. John D. W. Corley, 0000 Commerce, Science, and Transportation. Felix consent decree, is being compelled by Brig. Gen. Tommy F. Crawford, 0000 EC–2044. A communication from the Acting the federal district court to make up for Brig. Gen. Charles E. Croom Jr., 0000 Director of the Office of Sustainable Fish- more than twenty years of insufficient fund- Brig. Gen. David A. Deptula, 0000 eries, National Marine Fisheries Service, De- ing for special education and related serv- Brig. Gen. Gary R. Dylewski, 0000 partment of Commerce, transmitting, pursu- ices-funding that should have been borne Brig. Gen. Michael A. Hamel, 0000 ant to law, the report of a rule entitled substantially by Congress, which enacted the Brig. Gen. James A. Hawkins, 0000 ‘‘Fisheries of the Exclusive Economic Zone Education for All Handicapped Children Act Brig. Gen. Gary W. Heckman, 0000 Off Alaska—Closure for Hook-and-Line Gear of 1975 and the Individuals with Disabilities Brig. Gen. Jeffrey B. Kohler, 0000 Groundfish Fishing, Gulf of Alaska (except Education Act of 1990; and Brig. Gen. Edward L. LaFountaine, 0000 for sablefish or demersal shelf rockfish in Whereas, if Congress is going to mandate Brig. Gen. Dennis R. Larsen, 0000 the Southeast Outside District)’’ received on new programs or increase the level of service Brig. Gen. Daniel P. Leaf, 0000 May 21, 2001; to the Committee on Com- under existing programs for children with Brig. Gen. Maurice L. McFann Jr., 0000 merce, Science, and Transportation. disabilities, and if it is going to give the fed- Brig. Gen. Richard A. Mentemeyer, 0000 EC–2045. A communication from the Pro- eral courts unfettered power to enforce these Brig. Gen. Paul D. Nielsen, 0000 gram Analyst of the Federal Aviation Ad- mandates through the imposition of fines Brig. Gen. Thomas A. O’Riordan, 0000 ministration, Department of Transportation, and the appointment of masters, then Con- Brig. Gen. Quentin L. Peterson, 0000 transmitting, pursuant to law, the report of gress should provide sufficient funding for Brig. Gen. Lorraine K. Potter, 0000 a rule entitled ‘‘Amendment to Class E Air- special education and related services; now, Brig. Gen. James G. Roudebush, 0000 space; Monroe City, MO’’ ((RIN2120– therefore, be it Brig. Gen. Mary L. Saunders, 0000 AA66)(2001–0091)) received on May 21, 2001; to Resolved by the Senate of the Twenty-first Brig. Gen. Joseph B. Sovey, 0000 the Committee on Commerce, Science, and Legislature of the State of Hawaii, Regular Ses- Brig. Gen. John M. Speigel, 0000 Transportation. sion of 2001, That the United States Congress Brig. Gen. Craig P. Weston, 0000 EC–2046. A communication from the Direc- is requested to appropriate funds for forty Brig. Gen. Donald J. Wetekam, 0000 tor of the Office of Management and Budget, per cent of special education and related Brig. Gen. Gary A. Winterberger, 0000 Executive Office of the President, transmit- services for children with disabilities; and be The following named officers for appoint- ting, pursuant to law, a cumulative report it further ment in the United States Air Force to the on rescissions and deferrals dated May 1, Resolved, That certified copies of this Reso- grade indicated under title 10, U.S.C., section 2001; transmitted jointly, pursuant to the lution be transmitted to the Speaker of the 624: order of January 30, 1975, as modified by the United States House of Representatives, the To be major general order of April 11, 1986; to the Committees on President pro tempore of the United States Brig. Gen. Michael A. Hamel, 0000 Appropriations; the Budget; and Foreign Re- Senate, the Vice-President of the United lations. States, and the members of Hawaii’s con- The following named United States Air gressional delegation. Force Reserve officer for appointment as f Chief of Air Force Reserve and for appoint- PETITIONS AND MEMORIALS f ment to the grade indicated under title 10, U.S.C., sections 8038 and 601: The following petitions and memo- REPORTS OF COMMITTEES rials were laid before the Senate and The following reports of committees To be lieutenant general were referred or ordered to lie on the were submitted: Maj. Gen. James E. Sherrard III, 0000 table as indicated: By Mr. HELMS, from the Committee on The following Air National Guard of the United States officers for appointment in the POM–72. A resolution adopted by the Sen- Foreign Relations, without amendment and Reserve of the Air Force to the grades indi- ate of the Legislature of the State of Hawaii with a preamble: cated under title 10, U.S.C., section 12203: relative to appropriated funds for children S. Res. 88: A resolution expressing the with disabilities; to the Committee on Ap- sense of the Senate on the importance of To be major general propriations. membership of the United States on the Brig. Gen. Gregory B. Gardner, 0000 United Nations Human Rights Commission. SENATE RESOLUTION NO. 47 Brig. Gen. Robert I. Gruber, 0000 S. Con. Res. 35: A concurrent resolution ex- Brig. Gen. Craig R. McKinley, 0000 Whereas, under Title 20, section 1411(a) of pressing the sense of Congress that Lebanon, Brig. Gen. James M. Skiff, 0000 the United States Code, the maximum Syria, and Iran should allow representatives To be brigadier general amount of federal funds that a state may re- of the International Committee of the Red ceive for special education and related serv- Cross to visit the four Israelis, Adi Avitan, Col. Richard W. Ash, 0000 ices is the number of children with disabil- Binyamin Avraham, Omar Souad, and Col. Thomas L. Bene Jr., 0000 ities in the State who are receiving special Elchanan Tannenbaum, presently held by Col. Philip R. Bunch, 0000 education and related services multiplied by Hezbollah forces in Lebanon. Col. Charles W. Collier Jr., 0000 forty percent of the average per-pupil ex- S. Con. Res. 42: A concurrent resolution Col. Ralph L. Dewsnup, 0000 penditure in public elementary and sec- condemning the Taleban for their discrimi- Col. Carol Ann Fausone, 0000 ondary schools in the United States; and natory policies and for other purposes. Col. Scott A. Hammond, 0000 Whereas, since the enactment of the Edu- Col. David K. Harris, 0000 cation for All Handicapped Children Act of f Col. Donald A. Haught, 0000 1975 and its subsequent amendments, includ- EXECUTIVE REPORTS OF Col. Kencil J. Heaton, 0000 ing the Individuals with Disabilities Edu- COMMITTEES Col. Terry P. Heggemeier, 0000 cation Act of 1990, Congress has appropriated Col. Randall E. Horn, 0000 funds for a maximum of ten per cent of spe- The following executive reports of Col. Thomas J. Lien, 0000 cial education and related services for chil- committees were submitted: Col. Dennis G. Lucas, 0000 VerDate Mar 15 2010 04:11 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 S5614 CONGRESSIONAL RECORD — SENATE May 24, 2001 Col. Joseph E. Lucas, 0000 Col.