E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, WEDNESDAY, MARCH 3, 1999 No. 33 Senate The Senate met at 9:30 a.m. and was WELLSTONE to control 3 hours 30 min- mother, Minnie P. Ross, has traveled called to order by the President pro utes and Senator JEFFORDS or his des- from Arkansas to be at the ceremony tempore [Mr. THURMOND]. ignee in control of the remaining 30 formally recognizing her son’s pro- minutes. motion today. As you might imagine, PRAYER Under a previous order, at the con- she is overjoyed knowing how hard her The Chaplain, Dr. Lloyd John clusion or yielding back of debate son has worked to accomplish this feat. Ogilvie, offered the following prayer: time, the Senate will proceed to vote His wife, Mary Ann Ross, of Elaine, Ar- Lord of all life, thank You for the on the motion to proceed. If the motion kansas, which is my home area, and gift of time. You have given us the is adopted, the Senate will begin con- their two children, Timothy, age 14, hours of this day to work for Your sideration of the bill itself, with and Benjamin, age 6, will also be on glory by serving our Nation. Remind us amendments being offered and debated hand to celebrate this momentous oc- that there is enough time in any one during today’s session. Therefore, casion. From an early age, Commander Ross day to do what You want us to accom- Members should expect votes through- has exhibited excellence in all aspects plish. Release us from that rushed feel- out Wednesday’s session. of his life—academically, profes- ing when we overload Your agenda for I thank my colleagues for their at- tention. sionally and personally. More than us with added things which You may that, in a world short on heroes and not have intended for us to cram into Mr. President, I make a point of order that a quorum is not present. role models to guide our children, Com- today. Help us to live on Your timing. mander Ross is a shining example of Mrs. LINCOLN. I ask my colleague if Grant us serenity when we feel irri- the brilliant promise every life holds. he will withhold his request. tated by trifling annoyances, by tem- Hard work and an eager spirit still Mr. JEFFORDS. Certainly. porary frustration, by little things to equal success in America—no matter Mrs. LINCOLN. Mr. President, I ask which we must give our time and at- how difficult the challenges may be. It tention. May we do what the moment unanimous consent to speak as if in is my privilege—indeed, my duty as a demands with a glad heart. Give us the morning business, and I would like to voice for my state—to hold him up as courage to carve out time for quiet charge that time to my colleague, Mr. an example for others to see. thought and creative planning to focus WELLSTONE. After graduating from North Little our attention on the big things we The PRESIDENT pro tempore. With- Rock High School in 1973, Commander must debate and eventually decide out objection, it is so ordered. Ross attended the United States Naval with a decisive vote. Help us to be si- Mrs. LINCOLN. I thank the Chair. Academy in Annapolis, Maryland, lent, wait on You, and receive Your f where he was commissioned an Ensign guidance. May the people we serve and PROMOTION OF COMMANDER and graduated in 1977 with a degree in those with whom we work sense that, MICKEY ROSS Physical Science. In 1983, Commander in the midst of the pressures of polit- Ross received a Master of Science in ical life, we have had our minds replen- Mrs. LINCOLN. Mr. President, I am Electrical Engineering from the Naval ished by listening to You. Through our honored this morning to recognize Postgraduate School in Monterey, Lord and Savior. Amen. Commander Mickey Vernon Ross, a California. Currently, Commander Ross great American from Arkansas who f is pursuing a doctoral degree in Engi- later today will be promoted to the neering Management at George Wash- RECOGNITION OF THE ACTING rank of Captain in the United States ington University. MAJORITY LEADER Navy. With his promotion to Captain, As an officer in the Navy, Com- The PRESIDENT pro tempore. The Commander Ross not only earns the re- mander Ross has served his country able acting majority leader is recog- spect and admiration of his country, he with distinction. His first tour of duty nized. also earns a place in Arkansas history, was onboard the U.S.S. Ranger CV 61 f becoming the first African-American where he helped the command receive from our state to attain that high top honors, the No. 1 Recruiting Dis- SCHEDULE rank. trict in the Nation. Later, on the Mr. JEFFORDS. This morning the Commander Ross is a native of North U.S.S. Acadia as the Repair Officer, his Senate will resume consideration of Little Rock and comes from a proud department received the highest award the motion to proceed to S. 280, the family with a long record of military for fleet maintenance support and the Education Flexibility Partnership Act. service, following his father and three ship received the Navy ‘‘E’’ award from There are 4 hours remaining for debate older brothers into the Armed Services. Commander Naval Surface Forces, Pa- on the motion to proceed, with Senator His father is no longer with us, but his cific. And I couldn’t help but notice

∑ 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 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2160 CONGRESSIONAL RECORD — SENATE March 3, 1999 that in between his many assignments, EDUCATION FLEXIBILITY PART- gument to say let’s give the flexibility Commander Ross found time to return NERSHIP ACT OF 1999—MOTION to the States and let’s get the Federal to Arkansas to recruit Naval Officers TO PROCEED Government out of this—but what this at colleges and universities in our The PRESIDING OFFICER. Under piece of legislation is essentially say- state. Today, Commander Ross is Di- the previous order, the Senate will now ing is that we, as a national commu- rector for Combat Systems for the Pro- resume consideration of the motion to nity, we as a National Government, we gram Executive Officer for Aircraft proceed to S. 280, which the clerk will as a Federal Government representing Carriers at the Naval Sea Systems report. the people in our country, no longer Command in Arlington, Virginia. The bill clerk read as follows: are going to maintain our commitment But Commander Ross’ record as a to poor children in America. That is Motion to proceed to the consideration of student and a Naval Officer aren’t the S. 280, a bill to provide for education flexi- what this is all about. only things for which I want to com- bility partnerships. What this piece of legislation essen- mend him this morning. Commander The Senate resumed consideration of tially says to States and to school dis- Ross is also a devoted husband and a the motion to proceed. tricts is: Look, when it comes to the wonderful father. His wife, Mary Anne, The PRESIDING OFFICER. Under core requirements of title I, core re- and their children must be very proud the previous order, there will be 3 quirements that have to do with quali- of him today. hours 30 minutes under the control of fied teachers, that have to do with high My father fought in Korea and my the Senator from Minnesota, Mr. standards for students, that have to do grandfather fought in World War I and WELLSTONE, and 30 minutes under the with students meeting those standards they taught me at an early age to have control of the Senator from Vermont, and there being a measurement and the highest respect for the men and Mr. JEFFORDS, or his designee. some result and some evaluation, these women in uniform who defend our na- Mr. JEFFORDS. Mr. President, I standards no longer necessarily will tion. On behalf of the state of Arkansas make a point of order a quorum is not apply. What this legislation says is, and the United States Senate, I thank present. when it comes to what the title I mis- you, Commander Ross, for your service Mr. President, I ask unanimous con- sion has been all about, for poor chil- to our country. I hope the honor you sent that that time be charged to Sen- dren in America—that is to say that we bestow on your family, our state and ator WELLSTONE. want to make sure that the money, our nation today inspires others to fol- The PRESIDING OFFICER. Without first and foremost, goes to the neediest low your example. I, for one, will be objection, it is so ordered. schools—that standard no longer will following your career with great inter- The clerk will call the roll. necessarily apply. est and I suspect this will not be my The bill clerk proceeded to call the last opportunity to recognize an out- As a matter of fact, in 1994, one of the roll. things that we did in the Elementary/ standing achievement in your life. Mr. WELLSTONE. Mr. President, I I thank you, Mr. President. Secondary Education Act reauthoriza- ask unanimous consent that the order tion was we sought to concentrate title f for the quorum call be rescinded. I funds by requiring districts to spend The PRESIDING OFFICER. Without title I on schools with over 75 percent MEASURE PLACED ON THE objection, it is so ordered. poverty-stricken students first. That CALENDAR—H.R. 350 PRIVILEGE OF THE FLOOR restriction has had the desired effect. Mr. JEFFORDS. Mr. President, a bill Mr. WELLSTONE. Mr. President, I Only 79 percent of schools with over 75 is at the desk due for its second read- ask unanimous consent that Ben percent poverty received title I funds ing. I ask it be read. Highton and Elizabeth Kuoppala be al- in 1994. Today, over 95 percent of those The PRESIDING OFFICER. The lowed to be on the floor during the du- schools receive it. clerk will read. ration of the debate on Ed-Flex. So, Mr. President—and I want to The bill clerk read as follows: The PRESIDING OFFICER. Without make it clear that I will have an A bill (H.R. 350) to improve congressional objection, it is so ordered. amendment—one of the amendments deliberation on proposed Federal private sec- Mr. WELLSTONE. Mr. President, let tor mandates, and for other purposes. that I will have to this piece of legisla- me, first of all, explain to my col- tion, if we proceed with this legisla- Mr. JEFFORDS. Mr. President, I ob- leagues and for those in the country tion, is an amendment that says that ject to further consideration of this who are going to now be focusing on the funding has to first go to schools measure at this time. this bill, the Ed-Flex bill, why I started that have a 75 percent or more low-in- The PRESIDING OFFICER. The out yesterday speaking in opposition come student population. measure will be placed on the calendar. to this motion to proceed and why I will be taking several hours today to I cannot believe my colleagues are f express my opposition to this piece of going to vote against that. If they want MEASURE PLACED ON THE legislation. There are a number of dif- to, let them. But if they do, they will CALENDAR—S. 508 ferent things I am going to cover, but have proved my point—that we are now at the very beginning I would like to about to pass a piece of legislation or a Mr. JEFFORDS. Mr. President, an- spell out what I think is the funda- good many Republicans and, I am sorry other bill is at the desk due for its sec- mental flaw to this legislation, the Ed- to say, Democrats may pass a piece of ond reading. I ask it be read. Flex bill. Frankly, I think my col- legislation that will no longer provide The PRESIDING OFFICER. The leagues, Democrats and Republicans, the kind of guarantee that in the allo- clerk will read. would have had an opportunity to care- cation of title I funds for poor children The bill clerk read as follows: fully examine this legislation if we had that the neediest schools will get A bill (S. 508) to prohibit implementation a hearing, I mean a thorough hearing, served first. I cannot believe that we of ‘‘Know Your Customer’’ regulations by the are about to do that. I cannot believe Federal banking agencies. or if we had waited to really examine in some detail and some depth what this rush to recklessness. I cannot be- Mr. JEFFORDS. Mr. President, I ob- has happened in the different Ed-Flex lieve the way people have just jammed ject to further consideration of this States. this bill on to the floor of the Senate. measure at this time. The General Accounting Office gives I cannot believe that there isn’t more The PRESIDING OFFICER. The us a report in which they say it looks opposition from Democrats. measure will be placed on the calendar. like some good work has been done, but Mr. President, the second amend- f we don’t really have a full and com- ment that I am going to have, which I plete understanding of what has hap- think will really speak to whether or RESERVATION OF LEADER TIME pened in these Ed-Flex States. I think not people are serious about flexibility The PRESIDING OFFICER (Mr. what this piece of legislation, called with accountability, is an amendment VOINOVICH). Under the previous order, Ed-Flex—and I grant it is a great title, which essentially says, look, here are leadership time is reserved. and I grant it is a winning political ar- the core requirements of title I.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2161 The reason we passed title I as a part making sure that we have justice for about context. And it is interesting. I of the Elementary/Secondary Edu- poor children in America. am going to do this with some indigna- cation Act back in 1965—that was al- To the contrary, this piece of legisla- tion. And I want to challenge my col- most 35 years ago—the reason we tion does not call for—and I am pretty leagues. I want to challenge my col- passed title I was we understood, as a sure that it will not happen, although I leagues not in a hateful way, but I cer- nation, whether or not my colleagues will have legislation that will try to tainly want to challenge my col- want to admit to this or not, that in make it happen—for an additional ex- leagues. too many States poor children and penditure of funds for title I programs. We are a rich country. Our economy their families who were not the big This piece of legislation does nothing is humming along. We are at peak eco- givers, who were not the heavy hitters, for the schools in St. Paul and Min- nomic performance. But fully 35 mil- who do not make the big contributions neapolis that have over 50 percent low- lion Americans are hungry or at risk of were falling between the cracks. income students and still don’t receive hunger. Every year, 26 million Ameri- So we said that, as a nation, we any money whatsoever because there cans, many of them children, go to food would make a commitment to making isn’t enough money and there aren’t banks for sustenance. sure that there were certain core re- enough resources that are going to our Last year, the requests for emer- quirements that all States had to live school districts. gency food assistance rose 16 percent. up to to make sure that these children This piece of legislation does nothing Many of those requests were unan- received some help. Thus, the core re- to make sure children, when they come swered. I would like for everyone to lis- quirements of title I: Make sure they to kindergarten, are ready to learn, ten to this story. A Minnesota teacher are qualified teachers; make sure low- that they know how to spell their asked his class, ‘‘How many of you ate income students are held to high stand- names, that they know the alphabet, breakfast this morning?’’ As he ex- ards; make sure there is a clear meas- that they know colors and shapes and pected, only a few children raised their urement of results. sizes, that they have been read to wide- hands. So he continued, ‘‘How many of Let me just read actually some of the ly, that they have been intellectually you skipped breakfast this morning be- provisions that would be tossed aside challenged. This piece of legislation cause you don’t like breakfast?’’ by Ed-Flex in its present form: the re- does nothing to assure that will hap- Lots of hands went up. And how quirement that title I students be pen. This piece of legislation does not many of you skipped breakfast because taught by a highly qualified profes- do anything to dramatically improve you didn’t have time for it? Many sional staff; the requirement that the quality of children’s lives before other hands went up. He was pretty States set high standards for all chil- they go to school and when they go sure by then why the remaining chil- dren; the requirement that States pro- home from school. And I want to talk dren hadn’t eaten, but he didn’t want vide funding to lowest-income schools about that as well. to ask them about being poor, so he first; the requirement that States hold I will tell you what this piece of leg- asked, How many of you skipped break- schools accountable for making sub- islation does. This piece of legislation fast because your family doesn’t usu- stantial annual progress toward get- says, we, as the U.S. Senate, are no ally eat breakfast? A few more hands ting all students, particularly low-in- longer going to worry about whether were raised. Finally, he noticed a small come and limited-English-proficient States and school districts live by the boy in the middle of the classroom students, to meet high standards; the core requirements of title I. We are whose hand had not gone up. Thinking requirement that funded vocational just going to give you the money and the boy hadn’t understood, he asked, programs provide broad education and say, Do what you want to do. What this And why didn’t you eat breakfast this work experience rather than narrow piece of legislation says is we are no morning? The boy replied, his face seri- job training. longer going to worry about whether or ous, ‘‘It wasn’t my turn.’’ These are the core requirements. I not States and school districts provide Do you want to do something for will have an amendment that will say funding first to those schools with a 75 children and education of poor chil- that every State and every school dis- percent or more low-income student dren? Don’t eliminate standards and trict receiving title I funding will be population, the neediest schools. We accountability with title I. Make sure required to meet those requirements, are just going to say, Do what you those children don’t go hungry. The will be called upon to meet those re- want. And this is being passed off as U.S. Senate, 2 years ago, put into effect quirements. something positive for poor children in a 20-percent cut in the Food Stamp Mr. President, right now this legisla- America? Program, which is the single most im- tion throws all of those core require- Again, I will have two amendments— portant safety net nutritional program ments overboard. This legislation rep- I will have a number of amendments, for children in America, and my col- resents not a step forward for poor quite a few amendments—but two leagues have the nerve to come out children in America; it represents a amendments that I think are going to here with something called Ed-Flex great leap backwards. This piece of leg- be critical by way of sort of testing out and make the claim that this is going islation turns the clock back 35 years. whether or not we are talking about to do all these great things for poor It comes to the floor of the Senate accountability or not: One, an amend- children in America. without a full hearing in committee; it ment that says, again, the allocation of Let me repeat it: We have entirely comes to the floor of the Senate with- funding by States and school districts too many children that are not only out any opportunity to see any report means that those schools that have 75 poor but hungry in America. We put with a thorough evaluation of what percent or more low-income students into effect 2 years ago a 20-percent cut those Ed-Flex States have done; it get first priority, and, second of all, an which will take effect 2002 in food comes to the floor of the Senate with amendment that says, here are the stamp assistance, which by all ac- the claim being made that Ed-Flex rep- core requirements of title I. This is counts is the single most important resents a huge step forward for edu- what has made title I a successful pro- safety net program to make sure that cation and for the education of poor gram. And this is fenced off, and in no children don’t go hungry. I will have an children in America. It is absolutely ri- way, shape or form will any State or amendment to restore that funding be- diculous. any school district be exempt from fore this session is out. I will talk over the next couple of these core requirements. Children don’t do real well in school hours about what we could be doing Why would any State or school dis- when they are hungry. They don’t do and should be doing for children if we trict in the United States of America real well in school when they haven’t are real. This piece of legislation does not want to live up to the requirements eaten breakfast. If we want to help not lead to any additional opportuni- that we have highly qualified teachers, those children, this is the kind of thing ties for low-income children. This piece that we hold the students to high we ought to do to make sure that these of legislation does not dramatically in- standards, that we measure the results, low-income families have the resources crease the chances that they will do and we report the results? so that they can at least put food on well in school. This piece of legislation Mr. President, before talking more the table. I can’t believe that in the does absolutely nothing by way of about title I, let me talk a little bit United States of America today, as

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2162 CONGRESSIONAL RECORD — SENATE March 3, 1999 rich a country as we are, we can’t at the future of our society, then we have no vi- about flexibility. What they are wor- least do that. sion. And if we do not protect the most help- ried about is, they don’t have enough Instead, we have something called less of our society, then we have no heart. money. What we hear from those men Ed-Flex. For all of the families with all And if we do not support the most innocent of our society, then we have no soul. and women who are working with poor of the hungry children, for all of the children in the title I program is, ‘‘We children that are poor in America—a I think he is absolutely right. Mr. President, I will talk more about don’t have enough resources.’’ That is quarter of all children under the age of the concerns and circumstances in chil- what they are telling us. In that sense, 3 are growing up poor in America; 50 dren’s lives in a while, but I did want this particular piece of legislation is a percent of all children of color under to give some context before returning bit disingenuous. We talk about flexi- the age of 3 are growing up poor in to title I, and then I am going to de- bility, that is the sort of slogan here, America—Ed-Flex doesn’t mean any- velop my arguments about what we but we don’t provide any additional re- thing. Ed-Flex means absolutely noth- should be doing specifically in edu- sources. ing. Examples: St. Paul. I talked about cation. The New York Times told the story I will say one more time that I find some of this yesterday, but I think it is of Anna Nunez and of hundreds of thou- it very interesting that we have a piece well worth presenting this data. There sands of families like her. Up a narrow of legislation on the floor that purports are 20 schools altogether—there are 60 stairway, between a pawn shop and a to be some major step forward for poor K-through-12 public schools in St. Dominican restaurant, Anna Nunez and children. As a matter of fact, most of Paul, MN. There are 20 schools in St. her three children live in a single, ille- the Ed-Flex waiver requests have dealt Paul with at least a 50 percent free and gal room that suffocates their dreams with title I, which deals with poor chil- reduced lunch—that is the way we de- of a future. It is a $350-a-month rec- dren. That is why I am talking about fine low-income—that receive no title I tangle with no sink and no toilet, that poor children. At the same time, this is funds at all—one-third of the schools. throbs at night with the restaurant’s the U.S. Congress that not only has no Let’s talk about urban schools. I music. Ms. Nunez’ teenagers, Kenny positive agenda to make sure that poor would like to ask my colleagues, have and Wanda, split a bunk bed, while she children aren’t hungry and therefore you been in the urban schools? Did the squeezes into a single bed with little able to learn, doesn’t have any positive principals and the teachers and the Katrina, a pudgy 4-year-old with tight agenda to make sure that poor children families in these urban schools—was braids. Out of the door and down the li- live in decent housing and therefore the thing they were saying to you over noleum-lined hallway is the tiny bath- can come to school ready to learn, but and over again, ‘‘We need to have Ed- room they share with five strangers. actually has cut nutrition programs for Flexibility’’? Or were they saying, ‘‘We Last winter, tuberculosis traveled children, and now brings a piece of leg- need more resources to work with from Kenny to his mother and younger islation out which, all in the name of these children’’? What were they say- sisters in a chain of infection as inevi- flexibility, is supposed to do all of ing to you? I will tell you what they table as their bickering. Inevitable, these great things for poor children. were saying to me: ‘‘We don’t have the too, is the fear of fire: Life in 120 Now, let me return to title I. Let me resources.’’ One-third of St. Paul’s square feet means the gas stove must explain my indignation. My indigna- schools have significant poverty, a low- stand perilously close to their beds. tion about this particular bill goes fur- income student body, and receive no Kenny, at age 18, is a restless young ther than what I have said. Not only title I funds to eliminate the learning man in a female household. Ask him does it represent a retreat on the part gap. At Humboldt Senior High School, what bothers him most, and he flatly of the U.S. Senate from a commitment on the west side of St. Paul, 68 percent states that he has the only way to get to poor children in America, not only of the students are low-income; no title some privacy—‘‘I close my eyes.’’ does it represent a retreat from any I funding. I visited the school. I try to At night, Anna said, when the mice basic accountability so that the core be in a school about every 2 weeks. crawl over us in bed, it feels even more requirements of title I—I will repeat it For those listening to the debate— crowded. one more time—that have to do with and I am taking this time because I What should we be doing on the floor highly qualified teachers and high want to slow this up. I want people in of the U.S. Senate if we are really com- standards and those standards being the country, and journalists, people mitted to children in America, and if met—no longer apply if a State or local who cover this or who write and cover we are committed to poor children in school district doesn’t choose to com- it—so people in the country will know America? We would be making a dra- ply, not only does this piece of legisla- what is going on. I can be put in paren- matic investment in affordable hous- tion abandon what we did in 1994 with theses and keep me out of it, but I ing, which is receiving crisis propor- positive effect, that is to say some as- want the people to know what is going tion. But these children and these fam- surance that the money would first go on. I don’t think legislation like this ilies are not the ones who march on to the neediest schools. In addition to that has the potential of doing such Washington every day. adding insult to injury—I don’t even harm to low-income children should We want to talk about what will help know why this bill is on the floor—to zoom through the U.S. Senate. children in school. If we want to talk add insult to injury, this piece of legis- As I say, at Humboldt Senior High 68 about family values, we ought to talk lation does absolutely nothing by way percent of the students are on free and about making sure that these children of, not even one word, calling for more reduced lunch; no title I. So the ques- don’t live in rat-infested slum housing, funding. tion is, How can that be? The answer is but have some decent shelter. But we I will tell you what people in Min- that in Minnesota, altogether, this don’t. Instead, we have Ed-Flex. Ed- nesota are telling me. I am assuming— year, we had $96 million for title 1 pro- Flex will do absolutely nothing for but I am not so sure it has happened— grams. We can use double that amount these children. I would like to believe that my col- of funding, triple that amount of fund- I have a close friend that many staff- leagues who are in such a rush to pass ing. What happens is that after we allo- ers know well and I think many Sen- this piece of legislation have spent a cate the money in St. Paul to the ators know well because of his bril- lot of time with principals and teachers schools that have an even higher per- liance and also because he is sort of a and teacher assistants who are working centage of low-income students, there perfect example of someone who really with the title I program. I have to be- is no funding left. And we have Ed-Flex lives such an honest life. He treats all lieve that. Well, if you have, I want to that is such a ‘‘great response’’ to the of us, regardless of our political view- find out—when we get into debate, I challenges facing these families and point, with such generosity—Bill would like for my colleagues to iden- these children, which isn’t even talking Dauster. My friend, Bill Dauster, wrote tify for me a specific statute in title I about providing more funding. something which I think applies to this right now that is an impediment to re- My prediction is that, come appro- debate: form. Tell me what exactly we are priations, don’t count on it. Don’t We need to restore the family values that talking about. count on it. It won’t happen, though put our children first, for if we do not ad- I will tell you what I hear from peo- some of us will fight like heck to try to vance the interests of those who will inherit ple in Minnesota. They are not worried make it happen.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2163 Several middle schools receive no Now, it could be—I have to be careful lunch recipients will receive no title I; title I funding. Battle Creek Middle because it could be that people say: 14 schools that have 50 percent low-in- School has 77 percent low-income stu- Well, you know what, all right, case come student population will receive dents and no title I funds. made; we know what it doesn’t do; but, no title I funding. Burroughs Elemen- By the way, I argue that I have often nevertheless, in terms of what it tries tary School, 43 percent low-income, no believed—since I have some time here to do, let’s have more flexibility. These title I funding. The school would be eli- today, I can go a little slower—I have are two different things. I don’t, first gible, if we had funding. often believed that the elementary of all, want this to go through as the For almost $100,000 in title I next school teachers just do God’s work. I ‘‘big education initiative.’’ It is not. It year, they would use the money to buy think it starts there. I was a college is not. I don’t want this piece of legis- computers for special reading software, teacher, but I know that elementary lation to go through as the sort of leg- additional assistance in reading and school teaching is more important; I islation that represents the ‘‘bold re- math, work for students in small am sure of it. If I had to do it over sponse’’ on the part of the United groups, and to close the achievement again, I think I would have been an ele- States of America to the concerns and gap. But they can’t do it. We are going mentary school teacher, if I could be circumstances of poor children. It is to give them Ed-Flex. We are going to creative enough. I was a wrestling not. And I certainly don’t want this give them Ed-Flex. Anthony Elemen- coach, but I would have liked to teach piece of legislation to go through with tary School, 43 percent free and re- elementary school. I did coach the jun- the slogan of ‘‘flexibility,’’ unless we duced lunch, again, the operational def- ior high school wrestling team in have real accountability. inition of low-income, receive no title Northfield. Those are difficult years. I When we get to our amendments, I I. The school would be eligible if we got think any kind of support we can give will have an amendment on account- funding we needed—$154,000 next year— kids who are middle school or junior ability. I know Senator KENNEDY will and they would use the money for high school age, we ought to do so. have an amendment on accountability. afterschool tutoring, that is what we What is the kind of support we can do with title I? It is a good program. That I know that Senator REID will have an should be doing, if we are ‘‘real.’’ We is why I am on the floor. This is a good amendment on accountability. We will will have an amendment on that before thing we did in 1965. This was a good see if people are ‘‘real’’ about that. this debate is all over. By the way, what I hear from the St. They would use the money for after- thing we did in reauthorization in 1994. It means there are more teacher assist- Paul School District is that if they had school tutoring to improve math and ants, more one-on-one instruction, another $8 million in title I funding, science, to improve technology, to in- more community outreach, and more they would use it to reduce class size. crease staffing, and to improve paren- parental involvement. It is not easy be- They would use it to increase parental tal involvement. cause a lot of not such beautiful things involvement. They would use it to hire Marcy Open Elementary School, 44 are happening in the lives of many additional staff to work with students percent low-income, they are going to children in America today. I know with greatest needs. There are a lot of lose their educational assistance if that. I am in the communities. But ways they could use it. But we are not they don’t get the funding they need. this makes a difference. I will tell you, providing for the funding that they Kenny Elementary School, 39 percent we could do a lot at Battle Creek Mid- need. This is one of the things that I low-income, no title 1. If they were dle School if we had the funding. Frost just hate about this vicious zero sum going to get the funding that they de- Lake Elementary School has 66 percent game, especially in greater Minnesota, serve, they would have about another low-income children and no title I which is rural. Here is what happens. $9,000 that they would be eligible for, funding. Don’t anyone believe I am giving and they would use that to hire tutors So can I ask this question: What ex- only urban examples somehow about who are trained to tutor small group actly are these schools going to be the problem of children that need addi- instruction, to buy certain computer- flexible with? Are they going to be tional support. The whole goal of get- assistance instruction, to make the flexible with zero dollars? What are ting it right for all the kids in our Read Naturally Program available to they going to get to be flexible about? country is not just an urban issue. It is more students, and to focus on stu- Do they get to choose between zero and suburban, and it is rural. But see, here dents who are English language learn- zero? Is that the flexibility? Let’s get is what happens when we don’t provide ers. I think this whole issue of students real. Let’s get real. The U.S. Congress, enough funding. I don’t know why we who are English language learners is a couple years ago—because it is so don’t call this an unfunded mandate. It the key issue here. easy to bash the poor—cut the Food may not technically be, but in many One of the things that is so uncon- Stamp Program by 20 percent. We have ways it is. scionable to me about all of this and done next to nothing by way of pre-K. We talk a lot about IDEA. We should. the way we give title 1 the short end of That is where the Federal Government I say to the Chair, who is a former Gov- the stick is that we have a lot of stu- is a real player in education. I will talk ernor, that the Governors make a good dents right now who are from fami- about that in a moment. We have done point. And I am in complete agreement lies—Minneapolis, MN—I think I am next to nothing by way of getting re- that we ought to, when it comes to right. Don’t hold me to these figures. sources to families so there could be children with special needs, be pro- But, roughly speaking, in Minneapolis decent child care. And we are not talk- viding for funding. I don’t know why students come from families where ing about increasing the funding for we don’t talk about this, because you there are 90 languages and dialects spo- title I, but we are talking about flexi- know what happens, I say to my col- ken. That is Minneapolis, MN. That is bility. league from Vermont. There is strong not New York City. In St. Paul, it is Some other schools: Eastern Heights rural community as well in Vermont. about 70 languages and dialects spoken. Elementary, 64 percent low-income, no What happens is that in those schools It is not uncommon. I remember being title 1. Mississippi Magnet School, 67 in the rural areas where maybe there is in a Jackson Elementary School meet- percent low-income students and no a 35 percent, low-income, or 30 or 20 ing with fourth grade students, and title I. They get to be flexible between percent, they say, ‘‘Listen. We need there were five different languages spo- zero and zero. They get to choose how some funding.’’ But we get into this ken in that class of 25 or 30. For a lot to spend no money. They get to imag- zero sum game with not enough fund- of those students, they need additional ine and dream. But do you want to ing. It gets divided up in such a way help. We know why. That is a big chal- know something? They need to do more that it makes sense that the funding lenge. than that. I am not going to let this goes first to the neediest schools. And Title I really helps if the funding is piece of legislation go through this there isn’t any. And there isn’t any. there. But we are not talking about—I floor like this. I am sure some of my Minneapolis—this is just looking at haven’t heard any Republican col- colleagues will be angry, but I am not estimates for next year. K through 12 leagues talking about dramatically in- going to let this zoom through the Sen- schools in Minneapolis: 31 schools will creasing the funding for title I. I ate without a lot of discussion. I want receive no title I funds; 14 schools with haven’t heard the President talk about people to know exactly what it is. at least 50 percent free and reduced it. He has talked about $110 billion

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2164 CONGRESSIONAL RECORD — SENATE March 3, 1999 more for the Pentagon over the next 6 that is an impediment to the kind of alition. He opposes Ed-Flex. And you years, and $12.5 billion next year. And steps we need to take to improve edu- know what he says instead: ‘‘Focus on the President of the United States, a cational opportunities for low-income all day, every day kindergarten.’’ Democrat, says education is his high- children, please identify it, and then People in the communities, they est priority, and he doesn’t even call we will change it. But what you want have the wisdom. I will come back to for an additional $2 billion for edu- to do is throw out all of the account- some of their wisdom a little while cation for the whole Nation. You would ability. later, but it is pretty interesting. The think that he would call for as big of You want to basically have the Fed- whole idea of Ed-Flex is let’s get it an increase, I say to my colleague from eral Government, which represents the back to the local communities. You Vermont, for the Education Depart- Nation, a national community, you know what. Why don’t we listen to peo- ment and education as he would for the want us to remove ourselves from any ple in the local communities? Pentagon, if education was his No. 1 kind of protection for these low-income Did we spend any time, I would love priority. I think that is part of the children. You want to say that the very to find out—I can’t wait for the debate. problem. I think the White House has core requirements that have made title Here is the question I am going to ask absolutely caved on this issue. I cannot I so important and so positive in the of the authors of the legislation: How believe their silence. I cannot believe lives of children, albeit we have enough much time did you spend with low-in- it. funding, we no longer will require that come parents? How many meetings did Mr. President, I would like to talk a States and the school districts live up you have with the parents? How many little bit about some success of title I. to these requirements. That is what meetings did you have with the chil- I think I read a couple of these letters you want to do. That is not acceptable. dren? How many meetings did you have last night. But I think it is worth talk- I don’t care if you call it ‘‘Ed- in communities with those students ing about again. Flexability.’’ I don’t care if you have and those families who are going to be Let me start with Annastacia Bella- all of the political arguments, 10-sec- most affected by this legislation? I will donna Maldonado from the Minneapolis ond sound bites down pat. Give the be very interested in hearing the an- Chicano-Latino Council who says: power back to the States, get the Fed- swer. I will be very interested in what I am very concerned about the hurried eral Government out, get rid of all of they say because, frankly, I don’t even fashion in which Congress is handling S. 280. the Washington rules and regulations. hear anybody talking about it. When I Given that ESEA is up for reapproval, it You can say that over and over and go into cafes in Minnesota, nobody seems reasonable, more appropriate, and cer- over again, and I will tell you, even comes up to me and says, Are you for tainly a more dramatic way of addressing though some of you won’t like it, that or against Ed-Flex? They don’t even issues and concerns that Ed-Flex has writ- I am all for flexibility. I was a commu- ten. At the very least I would expect a series know what it is. They will tell me that nity organizer. I am all for people at I am a single parent or we are two par- of responsible considerations of all aspects of the local level making a lot of the deci- S. 280 be addressed by the committee before ents and we have an income of $30,000 a proceeding to an open debate. sions in terms of how they design pro- year and we can’t afford child care. grams and what they do. But I will tell Well, it is too late. We are on the Child care costs us as much as college you something else. There is a whole floor. Secretary Riley, who I personally tuition now. Can anything be done history of all too many States not think is probably the gentlest and about that? making poor children and their fami- They will say what about a tax cred- kindest person in government—I can’t lies top priorities when it comes to fault him for his commitment to edu- it? How about we pass today a refund- commitment. able $2,000-a-year tax credit for child cation. I can’t fault him for his courage I am not about to let this piece of care, for families with incomes up to as Governor of South Carolina who legislation just fly through here with- $50,000 a year? Why don’t we do some- called for an increase in taxes to fund out pointing out what we are doing, thing real? public education. He came to our com- which is we are abandoning a 35-year- That is what people talk about. Or mittee, I say to my colleague from old commitment on the part of the they talk about—and I will talk about Vermont, a couple of weeks ago, and he Federal Government that we will at early childhood development in a mo- said we believe that since title I rep- least have some minimal standard that ment—or they talk about working and resents really a big part of what the will guarantee some protection that their kids are home after school and Federal Government does here, we poor children will get the assistance they are very worried and what about would prefer that when you go through they need in the United States of afterschool care? Can something be your reauthorization of the Elemen- America. tary Secondary Education Act, that That is what this legislation does. done by way of providing some adults you put off this Ed-Flex legislation, And this legislation could be different to look after our kids when school is which has such huge consequences, legislation if strong accountability over because we are both working? until then. But we didn’t. While I ap- measures were passed—strong, not Or they will talk about how their preciated the words of Secretary Riley, wishy-washy language. And we will see. daughter has a really—she has an ab- I don’t see a lot of fight on the part of We will see, because I am, again, all for scessed tooth, and I don’t have any the administration on this question. the flexibility part, but I am not for dental care; we can’t afford it, and she A constituent of mine, Vicki Turner, abandoning this commitment to low- goes to school in pain. She can’t learn says: income children in the country. when she is in pain. The title I program of the Minneapolis John and Helen Matson say: The language is very concrete. I public schools provided not only help for my How could anyone question the need for a don’t hear community people—as long two children, but the parental involvement strong ESEA? Ed-Flex waivers are an invita- as we are saying the case for Ed-Flex is program was crucial in helping me develop tion to undermine the quality of public to decentralize, I don’t hear commu- as an individual parent and now a teacher for schools. nity people saying it. Sometimes I the program. That is an e-mail I received. think Washington, DC, is the only city Gretchen Carlson Collins, title I di- High school senior Tammie Jeanelle I have ever lived in where when the rector of Hopkins School District, a Joby was in Title I in third grade. She Governors come to town everybody suburb of Minneapolis, says: says: says, The grassroots is here; let’s hear There is no better program in education Title I has helped make me the hard-work- from the grassroots. I have never lived than title I, of the ESEA. We know it works. ing student that I am. My future plan after anywhere else where that happens. She didn’t say, ‘‘Oh. We are just high school is to attend St. Scholastica— ‘‘The Governors represent the grass- strangled with regulations. It doesn’t Which is a really wonderful college in roots of America.’’ work.’’ In fact, I haven’t heard that. I Duluth, MN— Well, I would suggest to you, since haven’t had people in Minnesota say I may specialize in special education or most of what Ed-Flex is really about is this is the statute that has been kindergarten. waivers and title I, that grassroots changed. As a matter of fact, I would And I think that is great. goes down to a little bit lower level. It say to my colleagues, if there is some- Then here is something from Claudi goes to the community level and starts thing right now in the title I statute Fuentes from the Minnesota Urban Co- with the children and the parents who

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2165 will be affected by what we do or by infrastructural quality—and I will talk very high on this idea, especially given what we don’t do. about all of that. Let me just jump the tin cup education budget that the Mr. President, let me talk about ahead now. President gives to us, with my Repub- what would make a difference as op- I am sorry to be speaking with some lican colleagues probably not even posed to this piece of legislation, which anger here today. I don’t know, maybe wanting to support that. But we blame represents at best a great leap side- the President got it from a poll—you the children. ways and at worst a great leap back- know, be against social promotion. I Let’s talk about what we should be wards. And let me talk about equity in am a Democrat. Say you are tough on putting the focus on. education, which is just another way of social promotion because everybody It is not unusual for economically dis- talking about the kind of inequality says, boy, I tell you what, you are advantaged students in these poor districts that exists right now. Let me talk right; those students, they just to enter school without any preschool expe- about learning gaps. shouldn’t be promoted if they haven’t rience, to be retained in the early grades And by the way, I don’t have any evi- reached an educational attainment. without any special help in reading, to at- dence of this. A friend of mine, Colin tend classes with 30 or more students, to That is just terrible. Well, you know lack counseling and needed social services, Greer, who is head of the New World what it is. But here is what is so out- to be taught by teachers who are inexperi- Foundation, told me—I think Senator rageous about this latest given. enced and uncertified, and to be exposed to a JEFFORDS would be interested in this. I You have a White House that sends a curriculum in which important courses are haven’t seen the data. It would be in- budget over here—and I will be talking not taught and materials are inadequate and teresting. I think this is what Colin about it—that does precious little by outdated. said. He said that actually the United way of making sure the children come That is Bill Taylor, ‘‘A Report On States of America measures up well to school ready to learn. We know that Shortchanged Children, the Impact of against any other country in terms of is the most critical time. It does abso- Fiscal Inequity on the Education of our educational attainment, edu- lutely nothing by way of really invest- Students at Risk,’’ U.S. Government cational tests if you take title I stu- ing resources in afterschool care. We Printing Office, 1991. dents and put them in parenthesis for a have this huge disparity that I am May I repeat this quote? And then I moment. In other words, the learning about to go into, where all too many would like to, later on in debate, ask gap is essentially, these are issues of kids go to schools where the toilets my colleagues how you intend to rec- race and gender and poverty in chil- don’t work, where the heating doesn’t tify this through Ed-Flex. dren. That is really what the learning work, where there is no air condi- There is probably not a more serious gap is about. These are the kids who tioning, where the buildings are crum- and important scholar on this question come to school behind and fall further bling, when they are hungry, where than Bill Taylor. behind. there are not enough textbooks, where It is not unusual for economically dis- So let me talk about the learning there aren’t computers, where there advantaged students in these poor districts gaps. They are prevalent at all edu- aren’t adequate lab facilities. They to enter school without any preschool expe- cation levels. In general, the poor and don’t have the same opportunity to do rience, to be retained in the early grades without any special help in reading, to at- minorities do worse on just about any well. So, now, all in the name of edu- tend classes with 30 or more students, to measurement of achievement, be it the cational rigor—I was a teacher—now lack counseling and needed social services, Federal Government’s national assess- what we are going to do is flunk them to be taught by teachers who are inexperi- ment of educational progress or real- again. It is outrageous. enced and uncertified, and to be exposed to a world outcomes like high school and We don’t do anything to make sure curriculum in which important courses are college graduation rates that they have the same chance to do not taught and materials are inadequate and Boy, I hope I didn’t read this the well on these tests, but we will give outdated. right way, but I think I read the other them the tests and flunk them. That’s What does Ed-Flex do? What does Ed- day that in California there are five great. These kids come to school way Flex do to address any of these dispari- times as many African American men behind, we don’t make the investment ties? Do you know what the answer is? ages 18 to 26 or 30 in prison than in col- in the schools, they don’t have the Nothing. Zero. What is the U.S. Senate lege. I think I read that the other day, same opportunities to learn, and then doing to address these disparities? that in California there are five times we give them the tests, and then we Nothing. as many African American men ages 18 say you don’t go on. And then, come Mr. President, let me start off—and to 30 in prison than in college. senior year, we give them another test, this is hard to do—by reading excerpts And, by the way, there is a higher and if they don’t pass it, then they from a book by a man who has prob- correlation between high school drop- don’t graduate. ably contributed more to raising the out and winding up in prison than be- We failed the students who have been consciousness of people about children tween cigarette smoking and lung can- failing. If you don’t do anything to in this country than anyone else, Jona- cer. So we should be doing everything make sure that these children have the than Kozol. The last thing he wrote we can to make sure that kids do well same chance to do well, then this is was a book called ‘‘Amazing Grace, in school and don’t drop out. And Sen- just blaming these children. This is Poor Children and the Conscience of ator BINGAMAN will have an amend- cowardly. Why don’t you blame the America.’’ It is set in the Mott Haven ment that speaks to that. school systems? Why don’t you blame community in the Bronx. I recommend The disparities that we see—if you the adults? Why don’t you blame Sen- this book. For all who are listening, I think that where I am going is blaming ators? Why don’t you blame mayors recommend this book, it is so powerful. the children, no, I am not. Now, let me and representatives and school boards? It is called ‘‘Amazing Grace, Poor Chil- be clear about this because we have a No, you blame the children. dren and the Conscience of America.’’ lot of this going on, too, and I would By the way, a lot of our educational Here is what Jonathan Kozol said. Ba- like to talk a little bit about the White experts, if anybody wants to listen to sically, what he is saying is: No coun- House again. them, say: Listen, you know what, we try which truly loved children would When I say that in any measure of want to do additional one-on-one tutor- ever let children grow up under these achievement the poor and ‘‘minorities’’ ing, we want to do summer school, we conditions. But we do. fall way behind, I am not now about to want to do everything we can to help By the way, I had a chance to meet engage in blaming those children and these kids to do well. But if the only with these children. The heroine of this blaming those families because a large thing you are going to do is flunk book is a woman named Mother Mar- part of these disparities are caused by them, what happens is they will drop garet, who is an Episcopalian priest. unequal educational opportunities. out of school. Pretty soon you will She has done incredible work with These students have unequal access to have 17-year-olds who will be in, I don’t these kids. She came down to D.C., and key resources that strongly affect their know, 10th grade, 9th grade, they will Jonathan said, ‘‘Would you host the achievement levels. Preparation to be flunked 2 or 3 years, and they drop children?’’ I said, ‘‘Great. I read the begin schools, teacher quality, class out or they cause trouble for other book and I read about the kids.’’ They size, curriculum content, school kids. Not many educational experts are came down here, and I think Jonathan

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2166 CONGRESSIONAL RECORD — SENATE March 3, 1999 Kozol thought they would be im- Beyond the inner doors, a guard is seated. would you do if you walked into this pressed, meeting in the office, but the The lobby is long and narrow. The ceiling is Chamber and it was the summer in DC only thing they really talked about low. There are no windows. All the teachers and there was no air-conditioning or it was the swimming pool in the hotel, that I see at first are middle-aged white was winter and there was no heat or we women. The principal, also a white woman, and the other thing they talked about tells me that the school’s capacity is 900, but did not have staff to help us, we did not was beds. It was a very big deal to there are 1,300 children here. The size of have pages to help us, we weren’t able them to be able to sleep in a bed. classes for fifth and sixth grade children in to have the materials we needed, we Mr. President, this book is called New York, she says, is capped at 32, but she were hungry, and maybe 20 percent of ‘‘Savage Inequalities.’’ Let’s just talk says the class size in the school goes up to 24. us had a gun, which is not unusual in a about what Ed-Flex does and what it I see classes as large as 37. Classes for young- lot of schools in our cities? Would you does not do. er children, she goes on, are capped at 25, but learn? Would you do well? A 14-year-old girl, with short black a school can go above this limit if it puts an extra adult in the room. Lack of space, she What kind of message do you think curly hair says this: says, prevents the school from operating a we communicate to children in Amer- Every year in February we are told to read prekindergarten program. ‘‘Lunchtime is a ica when they go to school buildings the same old speech of Martin Luther King. challenge for us,’’ she explains. ‘‘Limited that are decrepit, where the roofs are We read it every year. ‘‘I have a dream.’’ It space obliges us to do it in three shifts, 450 leaking, where the toilets do not work, does begin to seem, what is the word—she children at a time.’’ Textbooks are scarce. where the buildings are just grim? hesitates and then she finds the word—per- functory. And it goes on: What kind of atmosphere is that for Perfunctory? I asked her what do you The library is tiny, windowless. There are children? What kind of encouragement mean? only 700 books. There are no reference books. do you think we give these children to We have a school in East St. Louis named And it goes on and on and on. These learn? for Dr. King, she says. The school is full of are the conditions of the schools. You think these children are fools? sewer water and the doors are locked with Let me just read the conclusion. I You think these children think that chains. Every student in that school is could go on for an hour from this book. the Ed-Flex program is going to do black. It’s like a terrible joke on history. Here is the conclusion where he con- anything for them? They are a lot It startled Jonathan Kozol to hear cludes his book: smarter than you think they are. They her words, but I am startled more to All our children ought to be allowed a know it is not going to do anything for think how seldom any press reporter stake in the enormous richness of America. them, because we are not doing any- has noted the irony of naming seg- Whether they were born to poor white Appa- thing for them. As a matter of fact, we regated schools for Martin Luther lachians or to wealthy Texans, to poor black are going to pass a piece of legislation, King. Children reach the heart of these people in the Bronx or to rich people in Man- unless there is some strict account- hypocrisies much quicker than the hattan or Winnetka, they are all quite won- derful and innocent when they are small. We ability measures in this bill, amend- grownups and the experts do. ments that are passed, that is going to A history teacher at Martin Luther soil them needlessly. Mr. President, I have tried to develop do harm to them. That is what we are King School has 110 students in 4 class- doing. And I cannot believe that this es but only 26 books. What is Ed-Flex my case. We are not talking about pro- viding more funding for title I. We talk bill just came to the floor of the Senate going to do for this teacher of these and there has been so little opposition. students? about abandoning basic core require- ments of title I—we are talking about Mr. President, let me talk about Each year, [Kozol observes of East St. some of the inequalities that exist. Louis High School] there is one more toilet abandoning the Federal Government, that doesn’t flush, one more drinking foun- holding States and school districts ac- First of all, the inequality in participa- tain that doesn’t work, one more classroom countable and making sure that the tion in early childhood programs, like without texts. Certain classrooms are so cold money gets to the neediest schools. We nursery school and prekindergarten: in the winter that the students have to wear are talking about abandoning the very Three-year-olds from better-off fami- their coats to class while children in other essence of accountability, that these lies are more than twice as likely than classrooms swelter in a suffocating heat that those from less-well-off families to be cannot be turned down. standards are lived up to to make sure that there are good teachers, to make in these programs, like the nursery You know, we have all these harsh sure that the kids are held to high school programs and prekindergarten critics of our public schools. Some of standards, to make sure there is test- programs. them are my colleagues in the U.S. ing. Among 4-year-olds, there remains Senate. They couldn’t last 1 hour in And we know the results. We have substantial disparities. Barely half of the classrooms they condemn. They not done a darn thing to make sure we the children with families of incomes couldn’t last 1 hour in these schools. make a commitment to pre-K so kids of $35,000 or less have participated in I am going on to quote the teachers: come to kindergarten ready to learn. early childhood learning programs These kinds of critics willfully ignore the We do not do much by way of after- compared to three-fourths of the chil- health conditions and the psychological dis- school care. We do not have the money, dren from families with incomes over array of children growing up in burnt out $50,000. So if we wanted to do some- housing, playing on contaminated land, and we say. We are a rich country. The walking past acres of smoldering garbage on economy is booming, but we do not thing about this, Mr. President, what their way to school. have the money to do any of that? we would do is we would make sure Mr. President, let me go on to read In addition, the reality is that some that we would invest the resources in from this book: schoolkids go to schools, because of the early childhood development. I am going to talk about some really In order to find Public School 261 in Dis- property tax, wealth of the school dis- trict 10, a visitor is told to look for a morti- tricts, that can give them the best of shocking statistics in a moment. But cian’s office. The funeral home which faces the best of the best—the best of com- let me just say it again—whether it be Jerome Avenue in the North Bronx is easy to puters, the best of technology, the best Arkansas or whether it be Minnesota identify by its green awning. The school is of labs, the best school buildings, the or whether it be Vermont, the Federal next door in a former roller skating rink. No best teachers, the best band and music Government—what the education com- sign identifies the building as a school. A and theater and athletics, the best of munity tells me in Minnesota is you all metal awning frame without an awning sup- everything. Other kids in America, who are real players when it comes to mak- ports a flagpole, but there is no flag. In the ing sure that children can come to kin- street in front of the school, there’s an ele- come from different school districts, or vated public transit line. Heavy traffic fills come from communities where there is dergarten ready to learn. You could the street. The existence of the school is vir- not the commitment to them or they make a real commitment of resources. tually concealed within this crowded city do not have the resources to make the We have in the President’s budget— block. Beyond the inner doors, a guard is commitment, go to schools that are you know, we have a White House con- seated. The lobby is long— burnt out—I mean, how would any of ference on the development of the And there is a sign, by the way, on my colleagues do, as U.S. Senators, if brain. The evidence is irrefutable, it is the outside of the school: ‘‘All students you walked into this Chamber —this is irreducible. I am going to talk about it are capable of learning.’’ a beautiful Chamber, thank God—how at some length a little later on in my

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2167 presentation. But we know that if you Point 2: Reading levels are not where we are doing. And this legislation pur- do not get it right for these kids by age they need to be. In early February of ports to be a step forward for poor chil- 3, they may never do well in school and this year, the National Center for Edu- dren in America? may never do well in life. cation Statistics released the 1998 read- There have been a number of lawsuits What is really interesting about the ing report card for the Nation. These filed. It is too bad, but that is the way literature that has come out is that— results are based on the national as- we have to go to affect these condi- we have always known—we have al- sessment of education progress data tions. Since Ed-Flex doesn’t have any- ways known that if a 7-year-old comes collected in 1998. These results tell us to school and she has not received den- how our children are doing, what their thing to do with the reality I am de- tal care, she is not going to do well. We reading levels are, and whether they scribing, I think the lawsuits are nec- have always known that if children do need improvement. essary. Let me cite a lawsuit that came not have an adequate diet, they are not There are two sets of findings I want out of Hartford, CT, in the early 1990s. going to do well. We have always to emphasize. First, as a country, too The Hartford School District had a known if women expecting children do few of our children have the reading substantially higher percentage of mi- not have a good diet, that at birth that skills necessary to succeed. At all nority students than the surrounding child may have severe disabilities and grade levels, 40 percent or fewer of the suburbs. The Hartford school enroll- may not be able to do well. But what Nation’s students read at a level that ment was more than 92 percent minor- we did not know—although I think all is proficient for their grade. This figure ity, whereas contiguous suburbs such of us who are parents and grand- is unacceptably low. What can we do? as Avon, East Granby, and parents; I am a grandparent as well— Second, and even more disturbing, Wethersfield were less than 5 percent what we did not know is that actually are the tremendous disparity levels in minority. Although Connecticut had literally the way the brain is wired, reading levels by family income, race, the highest per capita in the United and whether or not a child will do well and ethnicity. For example, children States, Hartford was the fourth-poorest in school, whether or not a child will who are eligible for the free and re- of the United States cities, with the behave well is highly correlated to duced lunch program, title I or title I- whether or not—is my mike working or eligible children, are more than twice second highest rate of poverty among not? Is the mike working? as likely to be below the basic reading children. The PRESIDING OFFICER (Mr. level than those who are not eligible At the same time, not surprisingly, HUTCHINSON). Senator, I do not know for the program. In addition, fourth- the Hartford school system had sub- whether your mike is working. You can and eighth-grader white students are stantially inferior educational re- be heard very well. three times as likely as black students sources than other school systems. Mr. WELLSTONE. Mr. President, my or Hispanic children to be proficient good friend from Arkansas, what is Hartford students were shortchanged readers. really astounding about this literature in a broad range of educational inputs. Part of what these figures are telling For example, school systems across the is that literally the key part of it is us—in fact, they are screaming at us— whether or not there is real intellec- State spent an average of $147.68 per is that we have a long way to go. This student per year on textbooks and in- tual stimulation for these children. It is a crisis. isn’t a question of whether they have Now, may I ask the question: Does structional supplies; in Hartford, it was had a proper diet or have been immu- Ed-Flex do anything to help these stu- $77 dollars, only 52 percent of the state- nized; that has a huge impact on dents? Are there additional resources wide average. whether they can come to school and that we are calling on? Are we doing Or consider East St. Louis, IL, in do well. anything to make sure that kids come 1997. Here are some of the problems Anyone who is a parent or grand- to school ready to learn? Are we doing that the students in the East St. Louis parent knows this. I like to tell the anything to improve their nutritional story, because it is absolutely true. school system faced: Backed up sewers, status? We cut nutrition programs for Our children are older and I had forgot- flooding school kitchens; faulty boilers these children. Are we doing anything ten what it was like. But now we have and electrical systems, regularly re- to make sure each and every one of three grandchildren: 3-year-old Josh; 4- sulting in student evacuations and can- year-old Keith; Kari is 7, she is older. those children is healthy? Are we doing celled classes; dangerous structural They visit us and every 15 seconds anything about the housing condi- flaws, including exposed asbestos; mal- these children are interested in some- tions? Are we doing what we should do function of fire alarms; and emergency thing new. When they are 2 and 1, it is to reduce some of the violence in the exits that were chained shut; instruc- the same way. It is a miracle. It makes communities, some of the violence in tor shortages that usually meant stu- me very religious. It is as if these small the homes? Are we doing anything to dents did not know in advance whether children are experiencing all the provide some additional support serv- or not they even had a teacher; and unnamed magic of the world that is be- ices for these kids? A woman is beaten up every 15 sec- school libraries that were typically fore them. locked or destroyed by fire. We know that if we would make an onds in her home. Every 15 seconds in investment in these children, we make the United States of America, a woman How can we expect our children to sure that there is good child care, and is battered in her home. A home should achieve or be able to learn to develop we make sure when they come to kin- be a safe place. Those children, even if and realize any, let alone all, of their dergarten they are ready to learn. I they are not battered themselves—al- potential as human beings when faced will say it again: Our national goal though many are—see it. They essen- with such an outrageous environment ought to be that every child in the tially suffer from posttraumatic stress as this? What does Ed-Flex do to United States of America, when he or syndrome. change this environment? Nothing, she comes to kindergarten, they know My colleague from Arkansas works zero. This is what we ought to be talk- how to read, they know how to spell with veterans. I have done a lot of ing about on the floor of the U.S. Sen- their name, they know the alphabet; if work with Vietnam vets. I see it all the ate. That is why I am trying to slow they do not know how to read, they time, PTSS. We have children who suf- this bill up. fer from that. Do we have anything in have been read to widely. Can’t we Here is a final description from Lou- make that a national goal? These are Ed-Flex that talks about additional isiana, although you can pick any all God’s children. But the fact of the services to these children? No. The State. In preparing for a lawsuit in matter is, we don’t. There is a huge only thing we do in the Ed-Flex bill is disparity. The fact of the matter is essentially wipe out any kind of ac- Louisiana, the ACLU staff discovered a that many children, by the time they countability standard that would make pitiful lack of the most basic re- come to kindergarten, are way behind, sure the money goes to the neediest sources. Besides having to deal with and then they fall further behind. And schools first, and we wipe out the ac- leaky roofs and broken desks, students then they wind up in prison. countability standards that make sure often had to share textbooks among This Ed-Flex bill does absolutely title I children have good teachers, are the entire class, negating any possi- nothing to make a difference for these held to high standards, that we have bility of doing homework or building children. testing and results, and we know how out-

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2168 CONGRESSIONAL RECORD — SENATE March 3, 1999 of-class research skills. What few books fully fund the Head Start Program. I think, and I will have an amendment existed in school libraries were typi- can forgive my Republican colleagues; and we will have a debate and vote on cally torn, damaged, or outdated, a I didn’t expect a Republican President it—was that in the allocation of the particularly riling problem for subjects to fully fund Head Start. I just ex- money, those schools with a higher like technology, science, and history. pected a Democratic President to fully percentage, 75 percent low-income stu- At one school, students posing for a fund Head Start. How naive of me. dents or more, should have first pri- class photo in the auditorium had to Mr. President, it is just unbelievable. ority for funding. That makes sense to keep their coats on because of the lack I point out these disparities, and a lot me. For some reason, my colleagues of heat in the building. I repeat that: of K through 12 is at the State level. want to toss that overboard. At one school, students posing for a But you would think that we would By the way, I made a third point, class photo in the auditorium had to make a difference where we could which is that I understand—I know my keep their coats on because of the lack make a difference. Yet, we don’t, and colleague from Arkansas comes from a of heat in the building. we have all this discussion about edu- smaller town, a rural community, and Here is the reaction of one of the cation being the No. 1 priority. that is a big part of Minnesota. I un- staff attorneys. ‘‘It was impossible to Frankly, the President has presented derstand the zero sum game we are in, imagine that any serious education us with a ‘‘tin cup budget.’’ The Presi- because the crazy part of it is that we could go on in these decrepit schools. dent wants to increase the Pentagon don’t get enough funding and, there- In some schools children had to go to budget next year by $12.5 billion and by fore, say—I could pick any community the principal’s office to get toilet pa- $110 billion over the next 6 years, and in Minnesota, but in any number of our pers. The overwhelming impression left he calls for barely a $2 billion increase greater Minnesota communities, people on us [the lawyers] was sadness.’’ in the Department of Education budg- are saying, ‘‘Paul, we have 20 percent Mr. President, let me talk about Fed- et. Pretty unbelievable. You would or 30 percent low-income or 35 percent eral standing on elementary and sec- think that if education was a big pri- low-income’’—in some rural areas it is ondary education. Now, I am going to ority, we would see the same increase much higher—‘‘and we don’t get any try—some of this is off of the top of my in funding for education as we would funding.’’ So it becomes a zero sum head. These statistics will be close, but see for the Pentagon. Not so. game. What do you do with a limited they might be off just a little bit. We Mr. President, I now want to turn my amount of money? I would like to see have had reports, like Nation at Risk attention to what we ought to be doing something real out here on the floor of in the early 1980s, and we have had as opposed to what we are doing. Be- the U.S. Senate when we talk about politicians of all stripes give speeches fore I do that, however—and I will fin- getting more resources to our States about children and education. We all ish up on this—I want to point out one and school districts. want to have photo opportunities next more time—and I will have an amend- Now, here is what we should be talk- to children. We have talked about it as ment that deals with this part of the ing about on the floor of the U.S. Sen- a national security issue. bill that makes it crystal clear that ate: early childhood development. This Do you want to know something? The this title I program is severely under- is the most pressing issue of all. If you percentage of the Federal budget that funded. And I will have a vote on it. I talk to your teachers, they will tell goes to education is pathetic. It is pa- spend a lot of time in these schools you this. The best thing we can do as thetic. It amounts to about 2.5 percent with these principals, teachers, and Senators is to get—by the way, it of total Federal budget outlays—2.5 these families. They all tell me—before would be $20 billion over the next 4 percent. my colleague came here, I was saying years minimally. If we really wanted to By the way, on title I, since this Ed- that I went to the schools in St. Paul- make a difference, it would be about Flex is supposed to represent some Minneapolis with 65 to 70 percent pov- $20 billion over the next 4 years. Well, great step forward, according to the erty that don’t receive any title I fund- listen, we are going to do $110 billion to Rand Corporation study, we would ing because by the time we allocate the the Pentagon over 6 years—more subs, have to double our spending on title I money, there is no more money left. more nuclear warheads, more missiles. to really even begin to make a dif- And we do very good things with this If we were serious about this, we ference for these children. I said this money for these children that need ad- would make the commitment to early earlier and I will say it again. Here is ditional help. But we are not calling childhood development. That is what what I am not quite sure of. Then I will for any additional investment of all of our teachers are telling us, and tell you what I am absolutely sure of. money for our schools to work with. In that is what our experts are telling us. What I am not quite sure of is, I think addition, what we are not doing is, as a It is the best thing you can do. By the that during the sixties—this was where national community, we are no longer way, those of you for flexibility, I title I became part of the Elementary saying to the States and school dis- agree, don’t run it from Washington, and Secondary Education Act—we were tricts there are certain core, if you DC. Get the resources back to the local at maybe 10 percent that we were de- will, values, that we want to see main- communities and, like NGOs and non- voting as a percentage of the Federal tained. profits and all sorts of folks who meet budget to education. That is what we There is a mission to title I. We know the standards, set up really good devel- say is a priority. why we passed title I in 1965, because opment child care centers and also When Richard Nixon was President, we took a look around the Nation and family-based child care and give the it was higher than it is with the Demo- it wasn’t a pretty picture. In quite a tax credits, but make sure they are re- cratic President. And then it was Ford few States, whether anybody wants to fundable and that the low-income and Carter, and I think it stayed about admit it or not, these poor children fell aren’t left out, or families. Do it. Get the same level. With Reagan, it went between the cracks. So we, as a Nation, real. Do the best thing we can do. But way down. And then, with President will at least have a minimal standard that is not on the floor today. We have Bush, it went up some. It never got that will say, with title I, there will be Ed-Flex. Ed-Flex means nothing to back to the percentage it was during certain core requirements; there will these families. Nixon’s Presidency. With President be qualified teachers; there will be high Mr. President, I have already talked Clinton, it is about the same as it was standards; there will be some testing some about the kind of science lit- with President Bush, maybe even a lit- and some results and some evaluation, erature—my colleague, I am trying to tle less; I am not sure. and this will apply to title I programs remember the name of the book—Dick Here we have a Democratic President everywhere in our land, to make sure and Ann Barnett. Dick is at the Insti- who says that education is the No. 1 that some of these children have a real tute of Policy Studies, and Ann is a pe- priority, and we are spending less as a opportunity. And now, with this legis- diatric neurologist. They have written percentage of our Federal budget on lation, we are going to toss that over- a wonderful book. I can’t remember the education than under President Nixon, board. I will have an amendment that title. But there are many books that a Republican. I am going to talk about says we can’t. have come out. Head Start in a while. Here we have a The second thing we said in 1994—and Let me talk about the disparity. Lis- Democratic President and we don’t I don’t know what my colleagues ten to this 1990 study. Looking at the

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2169 hours of one-on-one picture book read- than $35,000 a year. A family with both speaking, were, ‘‘I am so sick and tired ing kids have experienced by the time parents working full time at minimum of being sick and tired.’’ they started first grade, low-income wage earns only $21,400 a year. I am sick and tired of the way in children average 25 hours. By the time I want to tell you something. More which we are playing symbolic politics they come to first grade they have al- than just about any other issue when I with children’s lives. If we were serious together, with picture book reading, am in cafes in Minnesota, people talk about doing something on the floor of been read to 25 hours. Middle-class to me—working families. They say, the U.S. Senate that would make a dif- children average between 1,000 and 1,700 ‘‘We can’t afford this. We both work. ference for children, we wouldn’t have hours. It is unbelievable. We both have to work. I am 30. My wife this Ed-Flex bill on the floor. We would By the way, as a grandpa, I know is 28. We have two small children. Isn’t be talking about the ways in which we that reading makes a difference. Now there any way we can get some help for are going to provide money, dollars, re- this gets tricky, because I can read my child care?’’ sources for local communities to pro- colleague’s face here about the respon- That is what is really critical, if we vide the very best of elemental child sibility. Let’s talk about this a little. I are going to be talking about edu- care so that every child, by the time he just said this. I now have to figure this cation. Ed-Flex means nothing to these or she is of kindergarten age, is ready out a little bit. families. to learn. That is the most important First of all, let me make the case Drawing on some reports, I am sorry thing we could do. And we don’t even that we could do so much better. I am to report these statistics. Six out of make it a priority. for combining the commitment to seven child care centers provide only Now, Senator DEWINE and I passed an child care. That is what we should be poor to mediocre care. One out of eight amendment that we are proud of; it is talking about today, and investing centers provides care that could jeop- the law of the land, but we don’t have some resources in this, and getting ardize a child’s safety in development. the funding yet, which says that we community level volunteerism. I am One out of three home-based care situ- will at least have loan forgiveness for for doing whatever can be done in the ations could be harmful to a child’s de- those men and women who get their de- families, and I want parents to take velopment—the Children Defense Fund gree and go into early childhood devel- the responsibility. I wish more would. I study. opment work. But that still doesn’t do think sometimes it is brutal. People Although approximately 1,500 hours the job. We ought to pay decent wages. work different shifts, and two or three of training from an accredited school is I don’t understand this. jobs working their heads off. And they required to qualify as a licensed hair Senator HUTCHINSON is, I guess, what hardly have the time to have a com- cutter, masseur, or manicurist, 41 Governor Bush would call a compas- mon occasion with their children; even States do not require child care pro- sionate conservative. He is certainly to sit down and eat dinner together. viders to have any training prior to passionate; he is certainly conserv- All too many of our families are under serving children. The annual turnover ative. I don’t understand this. We have siege. rate among child care providers is two groups of citizens that are the It is not that people aren’t working. about 40 percent. Do you want to know most vulnerable that deserve the most It is that people are working entirely why? I love to take my grandchildren support and the adults that work with too many hours. But both have to to the zoo. If you work at the zoo, you them make the least amount of pay work. But I wish that parents would make twice the wage that women and with the worst working conditions. read more to their children before they men make with small children in this Nursing homes, my mother and fa- are in kindergarten. But I also think country. ther both had Parkinson’s disease, and this is all about whether there is good One of the worst things we have done we fought like heck to keep them at child care. This is also true with volun- in the United States of America is to home, and we did. We kept them at teers. I would be, for all of us who no have abandoned too many poor chil- home for a number of years. We kept longer have children that are young, dren. This legislation takes us in that them at home, between Sheila and I getting the books out of our homes, direction. And we have devalued the and our children spending the night, as and older computers out of our homes, work of adults that work with these long as we could until we could not any and do it through veterans halls, do it children. Most child care workers earn longer. And then toward the end of through union halls, do it through the about $12,000 a year, slightly above the each of their lives, toward the end of religious community, and invite volun- minimum wage. And they receive no their lives they were in a nursing teers, get tutors and mentors. We could benefits. That is unbelievable—unbe- do a lot. But I will tell you something. home. Well, I don’t think I could do that It makes a real big difference in terms lievable. When I was teaching, I would have work. It is pretty important. You have of whether these children are ready to students come up to me, and they people who built this country on their learn. And they are needy. The needy—50 percent of the mothers would say, ‘‘Look. You know, do not be backs. They have worked hard. They of children under the age of 3 now work offended, but we want to go into edu- are elderly. They are infirm. They need in our country outside of the home; 50 cation. But we don’t want to teach at the help, and we pay the lowest wages. percent. There are 12 million children the college level. We think we could We have a lot of people in these nurs- under the age of 3, and one in four lives really make a difference if we work ing homes who don’t even have health in poverty. One out of two of color live with 3 and 4-year-olds.’’ Then the next care coverage. in poverty—half of the children of color thing they say is, ‘‘But we don’t know Congratulations, Service Employees today in our country—and under the how we can afford it. We have a loan to International Union, for your victory age of 3 are needy, the richest country pay off. How do you make a living?’’ in California in LA organizing home in the world. Why in the world do we pay such low health care workers. The other thing Compared with most other industri- wages? So the families can’t afford the we ought to do is to try to enable peo- alized countries, the United States has child care. The families can’t afford ple to stay at home as long as possible a higher infant mortality rate portion the child care. And those adults that to live in dignity and provide help. But of low-birth weight babies and a small- want to take care of children can’t af- why do we pay people, why do we pay er portion of babies immunized against ford to provide the care. adults so little to do such important childhood diseases. What we have on the floor of the U.S. work? This critically affects education. Senate instead is Ed-Flex. We could And then the other group of citizens This critically affects the educational make a huge difference, but we don’t, that is the most vulnerable, the most payment of children. Full day care for and we will not. in need of help that we should provide one child ranges from $4,000 to $10,000. There was a woman, Fannie Lou the most support to is small children. That is comparable, as I said earlier, to Hammer—I have quoted her before—a We devalue the work of adults. I don’t college tuition, room and board at our civil rights activist. She was, Senator get it. If you are some advertising ex- public universities. HUTCHINSON, I think, one of 14 children, ecutive—I don’t want to pick on them, Half of the young families in our the daughter of a sharecropper. Her im- but if you are some advertising execu- country with young children earn less mortal words, where she was once tive who figures out some clever way

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2170 CONGRESSIONAL RECORD — SENATE March 3, 1999 to sell some absolutely useless product children unless we have the strength- not realizing that I had made a prior or you have got all sorts of ads that the ened accountability language. And we commitment. What are you going to Senator from Arkansas and I both will see whether or not we can get a do, you know, when you make a com- would not like, just think it is trash, it vote for that. mitment like that? So I called and I should not be on TV, exploitive in all Might I ask a question, Mr. Presi- said could I come the day before grad- kinds of ways—and I think the Senator dent? I wonder how much time do I uation, to at least get a chance to meet from Arkansas knows what I mean— have remaining? with the seniors, because I wanted to such a person probably gets paid hun- The PRESIDING OFFICER. The Sen- live up to my commitment. And he said dreds of thousands of dollars, and then ator has 1 hour 31 minutes remaining. yes. So I flew from Minneapolis down you have child workers who are work- Mr. WELLSTONE. Mr. President, I to Memphis and then was met, I think ing with children, and they get next to have a few things I would like to lay by Mr. Erikson, who was driving me to peanuts. Boy, I think our priorities are out, but I want to ask my colleague Tunica. This is one of my favorite sto- distorted. from Vermont—he has had to sit here ries. Let me tell you, Ed-Flex doesn’t do and listen to some of which I don’t I said, ‘‘Are we going to the high anything to deal with this problem of think he agrees and some of which he school?’’ priorities. might agree. I wonder whether or not— He said, ‘‘No. You are going to be ad- Mr. President, I am going to just I could take another 15 minutes and dressing the third and fourth graders.’’ mention two other areas. I have really then reserve the remainder of my time And I said, ‘‘I am going to be giving covered Head Start already. I was if my colleague wants to speak, or does a policy address to the third and fourth going to read from some Minnesota he want to wait, or how would he like graders?’’ stories, but I am going to move on, to proceed? And he said, ‘‘Well, yes.’’ some huge success stories just to sim- Mr. JEFFORDS. Mr. President, I And I said, ‘‘Is this the last day of ply mention the well-known Perry have no intention at this time to school?’’ study on the benefits of Head Start. It speak. I will obviously at a later time. He said, ‘‘Well, yes.’’ is pretty interesting. They did a sort of I will do it when it is appropriate. But I said, ‘‘So I am going to be giving a a control of two different groups. I desire to expedite our situation so policy address to third and fourth grad- Head Start participants, they did a that we can get to the bill as soon as ers on the last day of school?’’ followup through age 27. This program possible. He said, ‘‘Well, yes.’’ was started in 1965. Criminal arrests: 7 Mr. WELLSTONE. I thank my col- I said, ‘‘I’m in trouble.’’ percent Head Start, 25 percent control league. So we go to the elementary school. group—those kids that weren’t in Head Mr. President, I say to my colleague There are, I don’t know, a hundred Start, controlling for income and fam- from Vermont, on my time, if he choos- kids, third and fourth graders, there- ily background and all the rest. Higher es to assent or disagree or remind me abouts, sitting in the chairs, waiting earnings, 29 percent of Head Start kids, where I am wrong, please feel free to do for me to give a policy address. And 2,000 plus per month, only 7 percent so. I extend the invitation. I was a there is the PA system on the stage, control group; 71 percent Head Start teacher. I can easily fill up the next which is high above where the students kids graduated or received a GED, only hour without any trouble. are, and the principal gives me a really 54 percent control group. And 59 per- Mr. President, before I go to after- nice introduction, and I am supposed to cent received assistance, they did re- school care, I would like to just one go up there and look down at these stu- ceive some assistance, still poor, but 80 more time focus on why I think this dents and give them a policy address. percent of the control group. And fewer Ed-Flex bill shouldn’t even be in the So I was trying to figure out what to out-of-wedlock births across the board. Chamber. I have talked about what I do. I asked the principal, ‘‘Can I get For kids who have really grown up think the flaws are with the legisla- down in the auditorium where the kids under some really difficult conditions, tion, but I also want to talk about are?’’ the Head Start Program has helped what I think we should be talking He said, ‘‘Sure.’’ them with a head start. And we have a about. I would like to just draw, if I So I got down there, and this little budget that the President presents could, on two experiences that I have girl, thank God, made my class for me. that will get us to 2 million children, I had traveling the country that I think I said, ‘‘Is this the last day of school?’’ think, covered, but that is about half. apply to this debate. Everybody said, ‘‘Yes.’’ About 2 million children will be eligi- One of them which I have talked I said, ‘‘Well, what have you liked ble. The President’s budget gets us a about once or twice before—it is very about school?’’ million. Half. So our goal—talk about a positive. It is not a putdown of any- And this one little girl raised her downsized agenda, talk about politics body—took place in the delta in Mis- hand and she said, ‘‘Well, what I like of low expectations—is to provide fund- sissippi, in Tunica, MS. I had traveled about school is, if I do good in school, ing for only half these children. there because I wanted to spend some I can do really good things in my life.’’ Now, this isn’t even early Head Start time in low-income communities Something like that. because really what we have to do well around the country—South, North, And I said, ‘‘Well, what do you want is before the age of 3. I noticed when East, West, rural, urban. And when I to be?’’ And I said to all the students, Governor Whitman was testifying be- visited Tunica several years ago now, ‘‘What do you want to be?’’ fore, she was talking about her pro- there was a teacher, Mr. Robert Hall, There were, Senator HUTCHINSON, 40 gram in New Jersey, which sounds to who I will never forget. It was at a hands up. It was great. They had all me as if it is a very important program town meeting, and he stood up and said sorts of dreams. I mean, quite a few of that deals, I think, with 4 and 5-year- it is hard to give students hope, and he them wanted to be Michael Jordan— olds or 3 and 4-year-olds, and I said to talked about how—I don’t know—I not a surprise. I heard everything: her, what about preage 3? I know she think maybe about 50 percent of the Teacher, writer, psychiatrist, Michael nodded her head in agreement. students graduated. Jordan, on and on and on. But the Why aren’t we providing the re- By the way, this young African thing of it is, there was that spark. It sources? In all due respect, if we want American woman that I quoted I think was beautiful. I know, as a former to do something really positive, the in East St. Louis, who was talking teacher, that you can take that spark most important thing we can do is in- about her school being segregated, ac- of learning in a child, regardless of vest in the health care and intellectual tually in Tunica the case is that the background, and if you ignite that skills of our children. Ed-Flex doesn’t public school is all black or African spark of learning, that child can go on do that, and we are not going to do it. American, the private school is all to a lifetime of creativity and accom- So I am not going to let my col- white. plishment. Or you can pour cold water leagues put this bill forward as if it is Anyway, at the end of this he asked on that spark of learning. We are not a great big, bold step forward for poor me whether I would come back to doing anything here in Washington, children in America. It is not. As a speak, would I come next year for the DC, to help ignite that spark of learn- matter of fact, it will do damage to graduation? I said yes, and I said yes ing. We are not.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2171 Now, I feel a little uncomfortable find in Tallula? The Tallula facility is So let’s not kid ourselves. These saying that. Maybe I should say ‘‘pre- a corrections facility for kids ages 11 to State budgets and Federal budgets that cious little.’’ We are doing precious lit- 18. I went to Tallula because I had read go to prisons and jails are just going to tle. I feel uncomfortable saying that, in the Justice Department report that continue to skyrocket, and that is because Senator JEFFORDS is a Senator there were kids who were in solitary where a lot of young people are going who is committed to education. I know confinement up to 7 weeks at a time, 23 to end up unless, from the very begin- that. I have a tremendous amount of hours a day, and I wanted to know ning of their lives, we figure out—at a respect for him. But I am talking, I say what they had done for this to happen community level, not a Federal Gov- to my colleague, Senator JEFFORDS, in to them. ernment level—how we are going to a more general way. I don’t understand One young man, Travis, he is now 16, make sure that we make the invest- our priorities. I just don’t understand he went to Tallula when he was 13 for ment in these kids. And that is some- our priorities. I am just sick and stealing a bike. He wound up there for thing we should be doing in the Senate. tired—to sort of again talk about 18 months, and he was beaten up over But this bill does not do that. Fanny Lou Hammer—of bills that are and over again. Tallula has had some Before I return to the final case I brought out here, people get the im- lawsuits filed against it. want to make on this specific bill, let pression there is some big step forward, I went to the Tallula facility, and the me just read some figures. Mr. Presi- and when it comes to the investment of first thing I noticed about the 550 kids dent, I would like to read a little bit resources—some of which you fight for, was about 80 to 85 percent of them were about some facts on what is going on this investment of resources—we do African American. And then, when I with kids after school. Twenty-two not do it. I just tell you, it is tragic. met with some of the officials, I want- million school-aged children have For these kids and these schools all ed to go to the solitary confinement working parents; that is, 62 percent of across the country, they are not say- cells and they wanted to take me to these children have parents who are ing: Give us Ed-Flex, give us Ed-Flex, where the students were eating lunch— working. Children spend only 20 per- give us Ed-Flex. They are saying: We students—kids—young people. So we cent of their waking hours in school. want to have good teachers and smaller first started out to where they were The gap between the parents’ work classes. We want to have good health eating lunch and then we were going to schedule and the students’ school care. We want to have an adequate go to these cells. schedules can amount to 20 to 25 hours diet. We want to go to schools that are When I walked in, even with all these per week. That is from the Ann E. inviting places. We want to have hope. officials there, I asked some of these Casey Foundation. We want to be able to afford college. kids, ‘‘How are you doing?’’ Experts estimate that nearly 5 mil- That is what they are saying. They are I will never forget, this one young lion school-aged children spend time not talking about Ed-Flex. man says to me, ‘‘Not well.’’ without adult supervision during a typ- The second point, and last one of my I say, ‘‘What do you mean?’’ ical week. An estimated 35 percent of stories—true. I am going to shout this By this time, there were 30 officials 12-year-olds care for themselves regu- from the mountaintop. I get this time looking at this kid. He said, ‘‘This larly during afterschool hours when on the floor of the Senate because I in- food, we never eat this food. It’s be- their parents are working. sist this is what we should be talking cause you are here.’’ He said, ‘‘These What happens during out-of-school about, and I will do everything I can, clothes? We never had clothes like this. hours? Violent juvenile crime triples with amendments and bills, to bring They just gave us these shorts and T- during the hours of 3 p.m. and 8 p.m. this out here and force debates and shirts. We have been wearing the same And 280 children are arrested for vio- votes and all the rest. smelly, dirty clothes day after day.’’ lent crimes every day. Children are I hear this in the law enforcement He said, ‘‘The tables are painted— most likely to be the victims of violent community. We should hold kids ac- smell the paint. It has just been paint- crime by a nonfamily member between countable when they commit brutal ed.’’ 2 p.m. and 6 p.m. crimes. We should hold people account- Then I went outside and this one Children without adult supervision able when they commit brutal crimes. young man made a break from the are at a significantly greater risk of But we will build a million new prisons guards, jumped onto a roof, and ran truancy from school, stress, receiving on present course. That is the fastest across the roof. It was about 100 de- poor grades, risk-taking behavior, and growing industry in the country. And grees heat. And I said, ‘‘Why are you substance abuse. Children who spend we will fill them all up and we will doing this? You are going to get in a more hours on their own and begin self- never stop this cycle of violence unless lot of trouble.’’ I looked up at him, care at younger ages are at increased we invest in the health and skills and walked up to the roof. risks. And I could footnote each and intellect and character of our children. He said, ‘‘I want to make a state- every one of these findings. And we are not doing that in the U.S. ment.’’ Children spend more of their discre- Senate or in the U.S. House of Rep- I said, ‘‘What’s your statement?’’ tionary time watching television than resentatives. Certainly not with Ed- He said, ‘‘This is a show, and when any other activity. Television viewing Flex. you leave here they are going to beat accounted for 25 percent of children’s Where do these kids wind up? They us up.’’ discretionary time in 1997, or 14 hours come to school way behind, they fall Well, the State of Louisiana has per week on average. further behind, they don’t have any- taken some action. This was Facts about out-of-school programs: where near the same opportunities to privatized. There are lawsuits. There Almost 30 percent of public schools and learn, and then they wind up in prison. have been editorials about anarchy at 50 percent of private schools offered I talked about this before. I think this Tallula. I will just tell you this. I will before- or afterschool care in 1993–1994. will be the last time I will talk about tell you this: 95 percent of these kids at It is going up. But the General Ac- it, except when we debate a bill which Tallula had not committed a violent counting Office estimates that, for the I introduced, the mental health juve- crime. I met one kid who had stolen a year 2002, the current number of out-of- nile justice bill. I visited a ‘‘correction bike. I met one kid who was in there schooltime programs for school-aged facility’’ called Tallula Correction Fa- for breaking and entering. I did meet children will meet as little as 25 per- cility in Tallula, MI. But I say to my one kid who cut a kid in a fight with a cent of the demand in urban areas. colleagues from Arkansas, Louisiana, knife. I forget the fourth kid. Mr. Mr. President, I could actually go on south—this could be anywhere in the President, 95 percent of nonviolent and on, but here is the point I want to country, anywhere in the country. And crimes—that is about the case in all of make. The point I want to make is that the Justice Department has had a pret- these juvenile detention facilities. if we want to pass legislation that ty hard report about conditions in I will tell you, Senator, I would be makes a positive difference in the lives Georgia and Kentucky and some other pleased to meet almost any of those of children and helps parents raise States. kids at 10 o’clock at night before they their children decently—you know, I see there are some young people got to Tallula. I would not want to what families are saying to us is: ‘‘Do here today in the gallery. What did I meet any of them when they get out. what you can do to help us do our best

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2172 CONGRESSIONAL RECORD — SENATE March 3, 1999 by our kids.’’ They are not talking facilities—none of which Ed-Flex deals What deeply troubles me about what about Ed-Flex. with—unless there is some help for is going on here in the U.S. Senate, What I am hearing from families in them. They need additional help. And which is why I have tried to the best of Minnesota—and I think it is the same you know what? They deserve it. They my ability—and I will have amend- for around the country—is: Look, we deserve it. ments, as well—to say, wait a minute, both have to work, or, I am a single Mr. President, I am going to, I think, we have a piece of legislation, and I can parent, and I am working, and I am finish up where I started. Before I do see the spinning and I can see the hype. worried sick about where my child is that, I want to just read one other It has a great name: Ed-Flex. It has a after school. Can’t you provide some quote that is kind of interesting. This great slogan: ‘‘Get the bureaucrats out, funding? is from a woman Jonathan Kozol is let the States decide.’’ But I can see Why doesn’t the Ed-Flex bill talk talking to in his latest book he has this piece of legislation represented as about flexibility for schools and com- written called ‘‘Amazing Grace.’’ And I a piece of legislation that is a major munities to have more resources for say to my colleague, I am not sure I educational initiative for children in afterschool care? There is something should quote this because of the cur- our country. I have tried to make it positive we can do. I assume that rent circumstances, but I think it crystal clear that is quite to the con- maybe Senator BOXER or one of my col- should be read. This woman lives in the trary. leagues will have an amendment and community, South Bronx, the Mott I say to my colleague from Arkansas we will have a vote on this. Now, there Haven community. And here is what that I will be finished in a minute or is an educational initiative that will she has to say. She is saying this to two. If he chooses to debate, I will be make a huge difference. Jonathan Kozol, the author: glad to do that. Is he standing to There is nothing more disheartening Do you ever turn on C–SPAN? You can see speak? to a parent or parents than to know these rather shallow but smart people— Mr. HUTCHINSON. You earlier said that both of you have to work but to This is just her perspective— you might yield for a question. also know that your second grader or most of them young and obviously privi- Mr. WELLSTONE. If I could finish your third grader or your 12-year-old or leged, going on and on with perky overcon- this thought, I am pleased to yield for your 13-year-old is going home alone. fidence about the values and failings of poor a question. In fact, that might be a Why don’t we do something about that? women, and you want to grab them in your welcome relief from hearing myself We have all the evidence we need. We hands and shake them. speak. I am pleased to take a question have all the evidence we need. It is like this young man I met at or whatever criticism that the Senator We know that this is the time when Center School, which is an alternative might want to throw my way. kids get into the most trouble. We school in Minneapolis, in the Phillips This piece of legislation isn’t going know that in more and more of our neighborhood, about a month ago. This to do anything that is going to make a working families both parents are is kind of his last chance; he is a young significant difference in assuring edu- working. We know this is one of the African American man. I was having a cational opportunities for all of our biggest concerns parents have, right discussion with 30 or 40 kids. There are children in our country. It won’t. This alongside affordable child care. What a lot of Native American students particular piece of legislation is not we all ought to be doing by way of ed- there, as well. Actually, there are more going to meet the standard, which is flexibility is providing the resources Native American students. I was trying the most important standard that I be- for communities and for schools to to be very honest with them. I said, I lieve in more than anything else. I say make a difference. would like for you to answer one ques- to my colleague from Arkansas: I think By the way, Mr. President, I was tion for me. I am here because I really every infant, every child, ought to have mentioning television. For my col- do care about you and I respect your the same chance to reach his or her full leagues who are worried about the vio- judgment. A lot of these kids don’t be- potential. lence that kids see on TV—and it is lieve anybody values their opinions. This legislation doesn’t make any awful—you should just think about They have very little self-confidence. I real difference. This legislation doesn’t what they see in their homes. Every 15 said to this one young African Amer- point us in the direction of making a seconds, a woman is battered. One of ican man, a senior, ‘‘A lot of people say commitment to early childhood devel- the things we ought to be doing, if we that you don’t really care. The problem opment, to making a commitment to really want to do something that will isn’t the poverty of your family, the communities so that kids can come to make a difference for kids—and I have problem isn’t the violence in the neigh- school, ready to learn. This piece of a piece of legislation I am introducing borhoods, the problem isn’t that you legislation doesn’t fully fund Head on this that I hope to get a lot of sup- haven’t had the funding or the opportu- Start. This piece of legislation doesn’t port on—is to provide some funding for nities. The problem is you don’t care. provide the funding for nutrition pro- partnerships between the schools and And that if you really cared, you would grams for children, many of whom are the other key actors in the community be able to do this. How do you respond hungry. Quite to the contrary. We put that will provide some help and assist- to that?’’ He looked at me and he said, into effect a 20-percent cut in the Food ance to kids who have seen this in ‘‘Tell them to walk in my shoes.’’ Stamp Program by the year 2002. This their homes over and over and over I think that is what this woman was piece of legislation doesn’t do anything again. That would make a big dif- saying about her observations about that will change the concerns and cir- ference. That would make a big dif- what she sees on C-SPAN. cumstances of these children’s lives be- ference. I conclude this way: I came to the fore they go to school and when they I said this last night. I think I need floor of the U.S. Senate last night and go home. This piece of legislation to say it again. I do not think I am I spent half an hour speaking. I have doesn’t do anything to effect smaller being melodramatic when I say that we come to the floor of the U.S. Senate class size, to repair or rebuild our have two problems. We have a huge today and I have spent several hours crumbling schools, to help us recruit learning gap. That is what it is all speaking about the Ed-Flex bill. I have over the next 10 years 2 million teach- about. And it is highly correlated with been strong and maybe harsh in my ers, who we will need, as the best and income and race and poverty and gen- comments. I do not mean them to be the most creative teachers. This piece der. But we also have—and I do not personal at all. I have gone out of my of legislation does absolutely nothing know what the right label is for this, way to say, because I think it is true— that will in a positive way affect the but we have a lot of kids who, by the I wouldn’t say it if I didn’t think it was conditions that have the most to do time they come to kindergarten or true. with whether or not each and every first grade, have seen so much in their It happens that the Senator from child in our country will truly have the lives, that children should not have to Vermont is out here managing the bill, same opportunity to be all he or she see and experience, that they are not and I consider him to be a Senator who can be. going to be able to learn at all, even cares a great deal about education and Moreover, to summarize, this piece of with small class sizes, even with really children. I know what he has done legislation turns the clock backwards. good teachers, even with really good right here in Washington, DC. This piece of legislation takes the good

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2173 work of the 1994 reauthorization bill, To begin with, Ed-Flex represents a waiver, they could use the dollars to which will assure that the allocation of new approach in Federal-State rela- serve low-income children and make funds first goes to those schools with a tions. Right now, there are two schools sure that they could use that help until 75 percent low-income population or of thought on the relationship of Wash- they had addressed the mission of the more, and tosses it overboard. This ington, DC, to the States. One side says program. piece of legislation in its present everything ought to be run at the Fed- Ed-Flex doesn’t serve fewer poor form—and to me this may be the big- eral level, because folks locally can’t kids; it serves more of them, and it gest issue of all about this piece of leg- be trusted to meet the needs of low-in- serves them better. islation. I think other bills should be come people. The other side says the In the State of Texas, the State has on the floor that make a difference, but local folks ought to be able to do it all, used Ed-Flex, and the achievement if we are going to pass this piece of leg- because everything the Federal Gov- scores confirm that Ed-Flex has im- islation, at least let’s make sure we ernment touches turns to toxic waste. proved academic performance. After have flexibility with accountability. Ed-Flex represents a third-wave ap- only 2 years under the waiver, state- That means that the basic core re- proach, and we have pioneered it in a wide results on the Texas assessment quirements of title I on well-qualified variety of areas, including health, wel- of academic skills shows that schools teachers, high standards testing, meas- fare and the environment, and now in using Ed-Flex are outperforming the uring results and knowing how we are education, in addition. districts that aren’t. These are poor doing are fenced in. In no way, shape or We told the Federal Government in school districts with low-income chil- form, with all the flexibility in the each of these areas that we will meet dren, and reading and math scores are world, will any State or school district the core requirements of Federal law. rising using Ed-Flex. At one high-pov- be exempt from meeting those require- The Federal Government ought to hold erty elementary school, student per- ments. us accountable, but, at the same time, formance improved almost 23 percent I say to my colleague from Arkansas, the Federal Government ought to give over the 1996 math test scores; 82 per- I am pleased to yield for a question. us the flexibility to make sure that we cent of them passed. The statewide av- The PRESIDING OFFICER (Mr. can really meet the needs of our citi- erage was only 64 percent. Poor kids BURNS). The Senator from Arkansas. zens—in this case, the poor children— did better. Poor kids did better under Mr. HUTCHINSON. I did have a ques- rather than building up bureaucracy. Ed-Flex. tion for the Senator from Minnesota, Ed-Flex has been good for students, Now, this legislation protects the but if the Senator is about to conclude, but especially good for poor students. poor in other important ways. The civil I know there will be plenty of debate There are no examples of abuse, Mr. rights laws, the labor laws, safety laws, all of the core Federal protections for and time to debate, so I don’t want to President—not one. We have asked the the vulnerable, are not touched in any further hold up proceeding on the bill. opponents of this legislation to give us way. The Secretary of Education has I thank the Senator for yielding. even a scintilla of evidence of an abuse, complete authority to revoke a waiver Mr. WELLSTONE. I will yield the and they cannot cite one example for a if title I requirements are not met. floor in just a moment. I appreciate my program that has been used in 12 Under current law, a State must have a colleague’s courtesy. The C-SPAN States. But I will tell you there are plan to comply with title I. This legis- quote, just so it is in the RECORD, was plenty of examples where this program from a Mrs. Elizabeth Washington of lation requires a plan as well. has worked for poor children. Let me outline a number of specific the Mott Haven community in the In Maryland, one low-income school South Bronx. protections that pertain to the poor in used Ed-Flex to reduce class size. Class this legislation. First, under current Mr. JEFFORDS. Will the Senator size dropped under this Ed-Flex pro- yield? law, title I funds can only be used in gram from 25 students to 12. And the school districts that are for the low-in- Mr. WELLSTONE. I yield. last time I looked, a fair number of Mr. JEFFORDS. The Senator from come. Our legislation keeps this re- Members of the U.S. Senate wanted to Oregon is desirous of speaking for 15 quirement. You cannot get an Ed-Flex see class size drop. waiver and move it out of a low-income minutes. In our home State, Ed-Flex helps Mr. WELLSTONE. How about if I re- school district to somewhere else. You low-income high school students take serve the remainder of my time? I will have to use those dollars in a low-in- advanced computer courses at the com- reserve the remainder of my time, and come school district. They can’t be munity college. Before the waiver, Fed- if the Senator from Oregon wants to moved elsewhere. eral rules would only allow high school speak, that would be fine with me. How Second, not only does the legislation students to take computer courses of- much time do I have left? keep the core requirements of title I, it The PRESIDING OFFICER. The Sen- fered at the high school. If a student strengthens them. For example, under ator has 57 minutes. wanted to take an advanced computer current law, States are not required to Mr. JEFFORDS. Would the Senator course, but the school didn’t have the evaluate whether they are meeting mind yielding his time to the Senator? equipment or the people to teach ad- title I goals until 2001. Ed-Flex says to Mr. WELLSTONE. Fifteen minutes of vanced computing, those poor kids the States: Why should you wait for 2 my time? I would be pleased to do that. were out of luck. But we found a com- years to show that you are serving the The PRESIDING OFFICER. The Sen- munity college that was just a short poor and disadvantaged? Develop high ator from Oregon is recognized for 15 distance away with an Ed-Flex waiver standards for serving the poor now, minutes. where we could take the dollars that demonstrate that you meet the ac- Mr. WYDEN. Thank you, Mr. Presi- would have been wasted because there countability requirements, and put dent. were no facilities at the high school, more education dollars in the class- Mr. President, I am sure that many and the poor kids learned at the com- room to serve poor kids and their fami- Americans who are watching this de- munity college. No muss, no fuss. But lies now, rather than waiting until bate hear the words ‘‘Ed-Flex’’ and we did what the Federal Government 2001. wonder what in the world is the U.S. ought to be trying to do, which is to Now, opponents of Ed-Flex have not Senate talking about? My guess is that help poor children. been able to offer any examples—not we probably have some folks thinking In Massachusetts, a school with even one—of how the flexibility waiv- that Ed-Flex is the new guy who has many low-income kids who are doing ers have been abused, and that is be- been hired to run the aerobics class at poorly in math and reading received cause the Secretary of Education has the local health club. But since my title I funds in 1997; but they were de- watch-dogged these Ed-Flex waivers; home State of Oregon was the first to nied title I funds the next year because and we can cite examples of how it receive an Ed-Flex waiver, I would like of a technicality. This meant that low- works, and they can’t cite any exam- to take a few minutes to tell the U.S. income children who were getting spe- ples of how it has been abused. That is Senate why Ed-Flex makes a real dif- cial help with title I funds in 1997 could why the Education and Labor Com- ference and especially why it has been not get those funds in 1998 for one rea- mittee in the last Congress approved a valuable tool to improve the lives of son, and that was bureaucratic red this legislation by a 17–1 bipartisan poor children. tape. But when they got an Ed-Flex vote.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2174 CONGRESSIONAL RECORD — SENATE March 3, 1999 Senator KENNEDY, the ranking mem- taken by my State in health, in wel- much appreciated working with the ber of the committee, said, fare, in the environment, says to the Senator from Tennessee on this legisla- Under Ed-Flex, the Secretary of Education Federal Government: At the local tion. I think it is clear that the coun- allows Massachusetts and other States to level, we will meet the requirements of try wants to see the U.S. Senate work waive Federal regulations and statutory re- Federal law, Federal education law. We in a bipartisan way on this legislation. quirements that impede State and local ef- will be held accountable. But in return This bill had exhaustive hearings in forts to improve learning and teaching. With for holding us accountable, give us the the Senate Budget Task Force on Edu- that flexibility comes stronger account- flexibility so that we can ensure that cation. It was debated at length in the ability to improve student achievement. we come up with solutions that work Education and Labor Committee, Since that time, since those eloquent for Coos Bay, OR, and The Dalles, OR, where it won on a 17-to-1 vote in the words of Senator KENNEDY, in a 17–1 and you don’t take a ‘‘one-size-fits-all’’ last session of the Senate. Since that vote in the Labor Committee, after cookie-cutter approach and say that time, as I have outlined in my presen- lengthy debate, the sponsors felt that what is done in the Bronx is what is tation, additional changes have been it was important to work with those going to work in rural Oregon. made to promote accountability. who have had reservations about this Before I wrap up, I would like to pay I urge my colleagues to support the legislation, and we have made six addi- a special tribute to our former col- legislation. tional changes in the legislation to league, Senator Hatfield. I served in I yield the floor. strengthen a bill that had virtual the House when Senator Hatfield took Mr. WELLSTONE addressed the unanimous bipartisan support. We have the lead in 1994, working with Senator Chair. strengthened the requirements for pub- KENNEDY and others, to promote this The PRESIDING OFFICER. The Sen- lic participation so that there is public approach. In my view, his record alone, ator from Minnesota. notice. We put in place a requirement standing for years and years for civil Mr. WELLSTONE. Mr. President, I that States include specific, measur- rights laws, for health laws and safety will take about 5 or 10 minutes, and able goals, which include student per- laws, would suggest that there is a then I will yield back the rest of my formance, a requirement that the Sec- commitment by the sponsors of this time. I have had several hours. I say to retary report to the Congress after 2 legislation to ensure that this helps my colleague from Tennessee that I years on how Ed-Flex States are doing. the poor, not hurts the poor. will yield back my time because I have The Secretary must include how the If there was one example, Mr. Presi- to give a talk with law enforcement waiver is affecting student perform- dent, even one, of how an Ed-Flex waiv- people in Minnesota via video. ance, what Federal and State laws are er has harmed the poor, I know I would There are some students from Min- being waived, and how the waiver is af- immediately move to address that and nesota who are here. Welcome. We are fecting the overall State and local re- to ensure that our legislation didn’t glad you are here, and teachers and form efforts. allow it. But we have no examples of parents. There is a requirement that the Sec- how in any of those States the poor Let me just make three points. retary review State content and per- have been exploited or taken advan- First of all, although we will have formance standards twice, once when tage of. We have plenty of examples of tougher debate later on, I say to my deciding if the State is eligible to par- how Ed-Flex has worked in Texas colleague from Oregon, we certainly ticipate and again when deciding where the scores have gone up, in didn’t have any lengthy debate on Ed- whether or not to grant approval for a Maryland where it has reduced class Flex this Congress. We never had a waiver. This is to make sure that there size, in Oregon where poor kids who hearing—not one hearing at all. When is no compromising title I. The Sec- couldn’t get advanced computing under my colleague says they can’t talk retary of Education reviews twice the status quo were able to use Ed-Flex about any abuses, the fact of the mat- whether or not to go forward with an dollars to get those skills that are so ter is that both the Congressional Re- Ed-Flex waiver. critical to a high-skill, high-wage job. search Service and GAO—I am not pre- We have always altered the legisla- So I urge the Senate today to vote judging one way or other, but it is dif- tion to ensure that local review cannot for the motion to proceed, vote for the ficult to talk about what is going on— be waived under Ed-Flex; that is, any bill, empower the communities across both have said we don’t have the data school or school district receiving title this country to earn the right to use in yet. We don’t have the data in. What I funds is still subject to punishment Federal education dollars to serve the is the rush? I might have a different and still has to answer to a local re- vulnerable in our society most effec- judgment about this on the basis—I view board. Those provisions that pro- tively. This is not the sole answer to don’t know whether I will generalize 12 tect the poor cannot be waived. what is needed to improve education, States to 50 States, but I certainly Mr. President, it is no accident that public education, in our country, but it might be less skeptical if in fact we every Governor, every Democratic Gov- is an important step, because it shows had the data and if we had the reports ernor, believes this will be a valuable the people of the country that we can in. We don’t. But we are rushing ahead. tool to them to make existing pro- use existing Federal funds more effec- The second point I want to make is grams work better. tively, that we can be more innovative that my colleague talks about the I think the Senator from Minnesota in serving poor kids. It seems to me ‘‘core’’ requirements. Certainly it is has made an important point in talk- that step does a tremendous amount to true that, with IDEA, the core require- ing about how additional dollars are lay the foundation to garner public ments are kept intact. But as a matter needed for some of these key programs support for areas where we need addi- of fact, we will see that the truth will to serve the poor. But the best way to tional funds. be very clear with this amendment. I generate support for that approach is We are going to need additional funds will have an amendment on the floor, to show that you are using the dollars for a number of these key areas that and it will simply say that the core re- that you get today wisely. That is what the Senator from Minnesota is right to quirements are that title I students be Ed-Flex allows. It is a fresh, creative touch on. But let’s show the taxpayer taught by highly qualified professional approach to Federal-State relations, that we are using existing dollars effec- staff, that States set high standards for one that has enormous potential for tively, as we have done in Oregon, as all children, that States provide fund- improving the delivery of services to we have done in Texas, as we have done ing to the lowest income schools first, the poor and all Americans. in Massachusetts, in line with objec- that States hold schools accountable So I say to the Senate that we have tives that, as far as I can tell, are wide- for making substantial annual progress a chance to take a new, creative path ly supported on both sides of the aisle. toward getting all students, particu- with respect to Federal and State rela- I see the Senator from Tennessee has larly low-income and limited-English- tions where one side says all the an- joined as well, and the Senator from proficient students, to meet high swers reside in Washington, DC, and Minnesota was kind enough to give me standards, and that the vocational pro- the other side says, no, they all reside time from his allocation. I would just grams provide broad education and at the local level. The third path that wrap up by thanking the Senator from work experiences rather than their own is being taken by Ed-Flex, that is being Minnesota and also say that I very job training. I will have an amendment

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2175 that says those core requirements will makes it a far better bill than it is Mr. WYDEN. This will be only 30 sec- be fenced off and no State or school right now. onds. district will be exempt. And my second question is, What On page 12, line 12 of the bill, it Can my colleagues tell me that that about the 75 percent rule? That is a states, and I quote: is the case right now? If so, then that core requirement right now. We worked The Secretary may not waive any statu- amendment will pass with over- that in in 1994. Would both of my col- tory or regulatory requirement of the pro- whelming support. Right now, that is leagues agree that schools with 75 per- gram. not in the bill. Do you have language cent low-income students or more Point blank. You cannot waive any in the bill that guarantees that all should be first priority in funding and of the core requirements. I thank the those requirements will be met? that we keep that in as a requirement, Senator for yielding. Mr. WYDEN. Yes. I think your so that we don’t lessen the financial Mr. WELLSTONE. Mr. President, I amendment is OK. aid to the neediest schools? Would you would say to my colleague from Or- Mr. WELLSTONE. Do both my col- agree? Could I get support for that egon, that if we have the same inter- leagues agree? Lord, we don’t even right now? pretation—and we will see; I get a have to have a debate on it. Mr. FRIST. I would respond to my somewhat different reaction from my Mr. FRIST. Mr. President, I would be distinguished colleague from Min- colleague from Tennessee—I will have happy to respond. nesota, that if we could introduce the an amendment with clear language The PRESIDING OFFICER. The Sen- bill and discuss the bill before specific that lists those core requirements and ator from Tennessee. amendments—right now we have not makes it crystal clear that they are Mr. FRIST. Mr. President, clearly, had the opportunity because of these fenced in and that no State or school we would like to get to the bill, and we delaying tactics, which is what they district can receive any waiver on can actually talk about what is in the are, so the Senator would have the op- those requirements, in which case that bill. The bill has not been, as you portunity to have 3 hours to lay every- will be some good accountability, in know, introduced in the managers’ thing out—if the Senator would just which case I would expect full support package. And I hope that, although the allow us to at least bring this bill to for it. My interpretation is a different morning hour has been reduced, we can the floor at some time so we can dis- one. If you are right that we already get to the bill and discuss what is in it cuss and formally debate and read the have the ironclad guarantees, then this or not. amendments—he is talking about an amendment should pass with 100 votes. For a State to become a title I State, amendment which I have not seen. I Mr. President, let me simply thank in both existing law as well as what we haven’t had the opportunity to see it. my colleagues. We don’t agree, but I will have in our bill, you have to have The Senator hasn’t presented it. It is a think it was important to have the op- the full complement of title I require- little bit strange to be debating spe- portunity to speak about this bill and ments, which will be spelled out. cific amendments and principles to give it, I think, a wide context and to You can’t be an Ed-Flex State both amendments before the bill is intro- speak to what I think are the flaws. We today and in the future law. So is it in duced. are going to have a spirited debate So let me just make a plea to the the bill? Because you can’t be eligible with any number of amendments, and I Senator to allow this bill to be for- unless they are actually in. For the hope ultimately this ends up being a mally introduced, debated, amendment very specific things, if we could intro- very positive piece of legislation that by amendment, if the Senator would duce it, there is a whole list of ac- will make a positive difference in the countability clauses I would like to get like, and I think that is appropriate, but we can’t do it unless the Senator lives of children. In its present shape to after we introduce the bill formally, and form, it does not do that. And we if we could do that, talk about the core allows consideration of this bill. Right now it is important for the American will have a major debate. principles and the protections and the I will yield back the remainder of my accountability. people to understand that we, because of what is going on right now and what time, and I say to my colleagues, I will Mr. WELLSTONE. I say to my col- not be asking for the yeas and nays. We league, this amendment will say that we are hearing, cannot proceed until the Senator from Minnesota allows us can just have a voice vote. States cannot waive the following core I suggest the absence of a quorum. requirements. These have been the core to proceed with the underlying bill. So I will just ask, Is the Senator The PRESIDING OFFICER. The requirements of title 1. going to allow us to proceed to address clerk will call the roll. Would my colleague agree that the Ed-Flex bill? The legislative clerk proceeded to States will not be able to waive these Mr. WELLSTONE. Mr. President, my call the roll. core requirements? colleague, first of all, well knows that Mr. FRIST. Mr. President, I ask Mr. FRIST. I have not seen the core we are going to be allowed to proceed, unanimous consent that the order for requirements. I didn’t hear what the because I asked for several hours and I the quorum call be rescinded. core requirements are specifically. But have about used up my time. So we are The PRESIDING OFFICER. Without if you would allow us to proceed to the going to proceed. objection, it is so ordered. bill at some point, at the appropriate My colleague already knows that, so Mr. FRIST. Mr. President, I would time—right now, as you know, we have there is no reason to press, to make the like to very briefly respond to a couple given the Senator the last 3 hours so he case. With all due respect, we could of points that have been made over the can make these points. We are ready to have a discussion about these issues course of this morning. go to the bill, introduce to America a right now. We can have the discussion The distinguished Senator from Min- great Ed-Flex bill, as soon as the Sen- about them later on. I have spent a nesota has made a number of points in ator is finished. considerable amount of time pointing outlining his view of what needs to be Mr. WELLSTONE. Just to be clear, I out right now that in the bill, as it done with education in this country as get a different message from my two reads, States can receive a waiver from we go forward. His time was delegated colleagues here. This is where the rub- these basic core requirements of title I. to him so that he would have that op- ber meets the road. I spent a lot of I want to make sure we have the strict- portunity, although a lot of us are anx- time on what Ed-Flex doesn’t do and est accountability measures to make iously waiting to get to the bill itself, what we should be doing. My point sure that will not happen. I have point- the Ed-Flex bill, which is the subject of right now is that every single person I ed out that right now, as the bill cur- our debate over the course of today, to- know who has worked on title I and rently stands, States can receive a night and tomorrow, and probably the knows what it is all about is absolutely waiver from the 75-percent require- next several days. committed and insistent that the core ment. First of all, he has outlined many of requirements be fenced in, remain in- Mr. WYDEN. Will the Senator yield? the challenges that we do have in edu- tact, and no State can get a waiver, no Mr. WELLSTONE. I want to make cation today. The great thing about school district can get a waiver. I am sure that doesn’t happen. this whole debate is that whether it is asking the Senator whether he agrees. I will be pleased to yield. In fact, I his intentions or my intentions or the If the Senator agrees, this certainly literally have to leave in a minute intentions of the Senator from Oregon,

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2176 CONGRESSIONAL RECORD — SENATE March 3, 1999 it really is to address the fundamental local schools and local teachers and that is going to be a series of programs issues of education, of really making local principals who can identify spe- which have billion-dollar price tags, sure that our children today, and in fu- cific needs in order to improve edu- million-dollar price tags, that will be ture generations, are best prepared. cation, and make sure those resources billed as the best program out there. And they are not today. We all have are used in the appropriate way to And some of those programs are really come to that conclusion. Parents rec- meet the goals that we all lay out. going to appeal to our colleagues and ognize that and principals understand That is an important concept, because to people listening to this debate. They that, and teachers and school boards a lot of these amendments that are will say: Yes, things like more teachers and Governors, and all the various being proposed, principally on the and construction and all would be groups that we will hear about. other side of the aisle and maybe solely good, and they are very concrete and That is the great thing, that as the on the other side of the aisle, will be to real. Again, we are going to look at No. 1 agenda item coming out of this make some good, strong points that those later. Congress and the Senate, we are ad- this program is great. You will hear me Real quickly, as we go through, are dressing education. Let me say that and others say let’s consider all of we rushing this through? Let’s make the approach is going to be different. those issues, but we need to consider very clear that we are not rushing this There won’t be a lot of heated debate. them in the context of what we are through. We addressed this in the com- What needs to be protected, which pro- doing with education totally and that mittee, the appropriate committee of grams to address, how to address them, is not what this bill is all about. This Health, Education, Labor, and Pension, how much control does the Federal is about the Education Flexibility which is the former Labor Committee. Government have, how much control Partnership Act, the Ed-Flex Act. Senator JEFFORDS will be managing do the local communities have or do I want to begin with that because it this bill with me. He has been very parents have or do Governors have, does set the overall environment in thoughtful, and over the period of time that will be the subject of much of the which this debate can most intel- through a number of different discus- debate that we will hear. ligently be carried out. Without that, sions, we have debated the bill, we A second big issue is flexibility. Peo- we are going to drop into these whirls marked this bill up—again, that is ter- ple on both sides of the aisle are so well of rhetoric: Although this program will minology inside this room—but that intentioned, and we all have our favor- really turn things around—and we all means we have discussed this bill, we ite education program and we think should recognize right up front we can- have debated these amendments, many that that program might be the silver not look just at rhetoric. of them, both last year when it sailed bullet, but we all know that there is no I heard three points over the last 3 through the committee we debated single silver bullet as we address this hours that my colleague from Min- each of these issues and then again this whole issue of educating our young nesota mentioned. No. 1, we are rush- year. It is important for the American peo- people, preparing them for that next ing through this thing and we are try- ple to understand that, yes, this par- century. ing to jam it through the U.S. Senate ticular bill passed last year 17 to 1; Let me say that right coming out of and thrust it upon the American peo- that one person, that colleague we the box, before we even introduce this ple. You hear these words ‘‘rushing it have heard from this morning and I am bill formally, which I think will be through, rushing it through.’’ The sec- sure we will hear from again and again. done early this afternoon: This bill is ond point he seemed to make this But recognize it passed 17 to 1. We ran no silver bullet either. It does address morning was that in some way Ed-Flex out of time at the end of the last Con- the basic principles. It is not a series of hurts poor children. And then he said gress. It came back through the com- programs that are well intended that there is no data, there is no evidence, mittee and was marked up just several may cost money, that may be very there is no information; let’s wait until weeks ago and, again, was passed out good in and of themselves, but it sets we generate some information before and sent to the floor. that principle that does allow more we go forward. In some way it hurts The General Accounting Office study flexibility, more creativity, more inno- poor children, that was almost the which has been cited, which will be re- vation in accomplishing the goals that theme. So I think we need to respond ferred to—again, I will have to turn to most of us agree to. This bill does not to that and move on and look at the my colleague, Senator WYDEN, and say change the resources going in, nor does great things this bill does. thank you. He is the one who initially it change the goals, but it does reorder The third point he made is that our requested that, the initial request to our thinking of how to get from those bill does not address a lot of specific GAO which came back with the report, resources to those goals. And what it programs that he would like to ad- and out of the report we have been able does, it drops the barriers with strong dress, and it is nutrition needs and it is to see great benefits and also some of accountability. Head Start and a lot of afterschool pro- the areas in which we need to strength- When we talk about flexibility and grams and a lot of programs which are en our legislation, which we have done we talk about accountability, that is very important to education and need so we can go ahead and move ahead what this bill does. Not the resources, to be discussed. We need to go back and with that flexibility and account- not yet; we are going to have that ar- evaluate. But that is not what Ed-Flex ability. gument over the course of the year is intended to do. That is not what the Then ‘‘rushing this through,’’ when with what is called—we will all become Ed-Flex bill is all about. you think about most of the education very familiar with it—the ESEA, the What we have is a bill that was gen- we address here, we have not had an ex- Elementary and Secondary Education erated by myself and Senator WYDEN, perience of 5 years. Remember, this is Act. There is an ongoing discussion who just spoke on the floor, that is a a demonstration project today. There right now in Senator JEFFORDS’ com- bipartisan bill that represents strong are 12 States that have Ed-Flex— mittee, the Health, Education, Labor, support with all 50 Governors—every passed in 1994 with six States; another and Pensions Committee. That is ongo- State Governor is supporting this piece six States added on to that. So we have ing and hearings will be held and that of legislation. It is bipartisan, symboli- a 5-year experience in 12 different is where we will be looking at all these cally, because it is RON WYDEN and States with this program already. So, multiple well-intended programs. We BILL FRIST out there who have been yes, we know that it works. So, are we will be looking at all the resources working on this bill for the past year. rushing it through? You can just move going into education. Is it too little? Is We will talk, after the bill is intro- that argument right to the side. it too much? Should we divert certain duced, about the broad support that it No. 2, it hurts poor children? This is of those resources to certain programs? has. But we all know the President said remarkable because it was really the That is not what we are doing today last week: Let’s pass Ed-Flex this theme of this morning: In some way, or tomorrow in the Ed-Flex, the Frist- week. The Department of Education Ed-Flex hurts poor children. Let me Wyden Ed-Flex. That is not what we has been very supportive of this bill just look to some outside groups who are doing. We are looking at how to throughout. Unfortunately, I think have looked at this. streamline the system, make more effi- what we heard this morning may be a If you refer back to the chart behind cient use of those resources, trust our prelude to what we can expect, and me, it is the report of the Citizens’

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2177 Commission on Civil Rights, a wonder- Halfway down you see Hispanic stu- the afternoon colleagues look at the re- ful report that may be referred to sev- dents. Again, if you take the entity of quirements that protect the poor fami- eral times in the course of the next Westlawn, you see an improvement of lies and the poor children that cannot several days, issued in the fall of this 16 percent versus 7.9 percent—again, be waived under the Ed-Flex statute. past year, and they hit right at the that Ed-Flex school doing twice as well Specifically, it is not possible to get a heart. Really, I think we can just move under a schoolwide waiver as they waiver if you are trying to waive the on, almost: would otherwise do. And this is rep- underlying programs of each of the In the Citizens’ Commission’s judgment, resentative data. Again, once we get to critical services that is made possible these waivers did not seriously undermine the bill, you will see. under title I. You cannot do it. And as the statute’s intent to target aid to poor So we see that the Commission on I stated earlier, you can only use those children. Civil Rights—we see hard data. There dollars in a low-income school district; Then, if we look for hard data, again are other examples from Massachusetts you cannot move those dollars out of a we have heard all this rhetoric about, we will hear about. low-income school district and take ‘‘Oh, we have a potential for hurting And then I guess really the funda- them somewhere else. poor children; we have the potential for mental thing I will come back to later So there is a reason for the Gov- this.’’ Clearly, you can create is, our bill can’t hurt poor children, be- ernors and all of the Democratic Gov- hypotheticals in any piece of legisla- cause the dollars have to be used. ernors supporting this legislation. I tion, in any statute, any regulation, Going back to my earlier comments, happen to have some sympathy for the and politicians are pretty good at it. we do not change the dollars and we Senator from Minnesota about the We can create hypotheticals and say if did not change the ultimate goals in need for additional dollars for a variety this were to happen it would destroy the targeted population. Our bill does of human services. But the best way to education and so forth. My approach is not do that. So by law, if you are tar- win support for that additional funding a little bit more the scientist. geted for this population, the money is to show that you are using existing Before coming to the Senate, I spent and the programs have to go there. dollars well and effectively. That is time looking at data and that sci- How you get there is where the flexi- what Ed-Flex does. entific, analytical mind may interfere bility comes in. I am very pleased to have had a with some things, but it does cause me One last point I referred to, which chance to team up with Senator FRIST to ask the question: What data do we was his last point, was that we are not of Tennessee who has worked very hard have? What is the hard data and what addressing nutrition and other well- to bring both parties together. And I is the evidence? And let me just look at meaning programs, again, that we will thank the Senator from Vermont for some of the areas that were mentioned. hear paraded out. Let me just say that the time. Texas, which has a very successful is not the intent of this bill. We can I yield the floor, Mr. President. Ed-Flex program, has accumulated discuss them. We can introduce them. Mr. JEFFORDS addressed the Chair. some representative data which looks Those sorts of issues will be discussed The PRESIDING OFFICER. The Sen- at three different areas. It is going to in the chairman’s committee appro- ator from Vermont. be hard to read, but at the top it looks priately, where they can be debated, Mr. JEFFORDS. I yield back all our at African American students; beneath where we can consider all of the re- remaining committee time. that it looks at Hispanic students; and sources, all of the programs, recog- The PRESIDING OFFICER. All time beneath that it looks at economically nizing there is not one single silver is yielded back. disadvantaged students. bullet to cure education, the challenges The question is on agreeing to the The far left column shows 1996, the of education. The Elementary and Sec- motion to proceed. next column over shows 1997. The col- ondary Education Act is the appro- The motion was agreed to. umn I want to concentrate on is, ‘‘Ac- priate forum that this body has to con- f tual change.’’ Remember, this is hard sider these issues. data, looking at a State that compared With that, I thank you for this oppor- EDUCATIONAL FLEXIBILITY Ed-Flex to non-Ed-Flex. tunity to speak and thank the chair- PARTNERSHIP ACT OF 1999 If you look at that middle column— man for yielding time. The PRESIDING OFFICER. The let me just drop right down to the bot- Mr. JEFFORDS. Mr. President, I un- clerk will report the bill. tom where it says ‘‘Economically Dis- derstand the Senator from Oregon de- The legislative clerk read as follows: advantaged Students.’’ sires some time. A bill (S. 280) to provide for education In 1996—this is for mathematics. This Mr. WYDEN. I thank the Senator flexibility partnerships. is a statewide comparison of selected from Vermont. I could wrap up very The Senate proceeded to consider the campuses in title I, part A. Title I is briefly, even in, say, 5 minutes. bill, which had been reported from the the disadvantaged students element Mr. JEFFORDS. I yield to the Sen- Committee on Health, Education, which we heard so much about this ator 5 minutes. morning. We see in those States, like Mr. WYDEN. I thank the chairman. Labor, and Pensions, with an amend- ment on page 11, line 22, to strike Westlawn Elementary, La Marque ISD, Senator FRIST has said it very well. with the title I schoolwide waiver, in Mr. President, and colleagues, all we ‘‘Part A’’, and insert in lieu thereof that column we see an improvement of want to do under Ed-Flex is to make ‘‘Part B.’’ 16.8 percent. These are just with the sure that these dollars get into the Mr. JEFFORDS. Mr. President, I ask disadvantaged students. The statewide classroom to help poor kids and not get unanimous consent that the pending average was an improvement of 8 per- chewed up by bureaucratic redtape. committee amendment be agreed to cent. Ed-Flex is not a block grant pro- and be considered as original text for Thus, for those disadvantaged stu- gram. It is not a voucher kind of the purpose of further amendment. dents, if you compare the Ed-Flex pro- scheme. The people who are advocating The PRESIDING OFFICER. Without gram, we see that students improved Ed-Flex in my home State of Oregon do objection, it is so ordered. twice as much in the very population not want a Federal education program The committee amendment was that we hear this rhetorical concern to go away. Quite the contrary, they agreed to. about. Again, this is hard data, rep- want those programs. They know that AMENDMENT NO. 31 resentative data. we need those dollars to serve low-in- (Purpose: To improve the bill) We look at African American stu- come students. What we want is, we Mr. JEFFORDS. I send a substitute dents compared to the statewide aver- want some freedom from some of the amendment to the desk and ask for its age. In the Ed-Flex, African American Federal water torture and bureaucratic immediate consideration. students at Westlawn Elementary, we redtape that so often keeps us from The PRESIDING OFFICER. The see they improved by 22 percent; state- using those dollars to better serve the clerk will report. wide average, 9 percent—again, more poor. The legislative clerk read as follows: than a doubling of improvement in the I would just hope, Mr. President, and The Senator from Vermont [Mr. JEFFORDS] Ed-Flex schoolwide waiver program. colleagues, that during the course of proposes an amendment numbered 31.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2178 CONGRESSIONAL RECORD — SENATE March 3, 1999 Mr. JEFFORDS. Mr. President, I ask latory or statutory requirements relat- As I indicated earlier, this legislation unanimous consent that reading of the ing to health and safety, civil rights, is not meant to serve as the sole solu- amendment be dispensed with. maintenance of effort, comparability of tion to improving school and student The PRESIDING OFFICER. Without services, equitable participation of stu- performance. objection, it is so ordered. dents and professional staff in private However, it does serve as a mecha- (The text of the amendment is print- schools, parental participation and in- nism that will give states the ability to ed in today’s RECORD under ‘‘Amend- volvement, and distribution of funds to enhance services to students through ments Submitted.’’) State or local education agencies. They flexibility with real accountability. Mr. JEFFORDS. Today, Mr. Presi- have no authority to waive any of I urge my colleagues to support S. 280 dent, we are taking up what I would those. and to withhold extraneous amend- call ‘‘unfinished business’’ from last The 1994 legislation authorized six Ed ments that will delay and complicate Congress. Our bipartisan efforts in the Flex states, three designations were to its enactment. last Congress resulted in nearly 30 pub- be awarded to states with populations I take this opportunity to thank Sen- lic laws, about a third of them in the of 3.5 million or greater and 3 were to ator BILL FRIST and RON WYDEN and area of education. However, there was be granted to states with populations their staff for their hard work on this one bill that was reported from the less than 3.5 million. legislation. Health and Education Committee with These states were not chosen ran- They have done an outstanding job broad bipartisan support, the Ed-Flex domly nor quickly—the selection proc- and I commend them for their efforts. bill, that was not enacted into law. ess was 2 and one-half years in dura- I yield the floor. A year ago, the President told the tion. The Department of Education The PRESIDING OFFICER. The Sen- Nation’s Governors that passage of this sent out a notice and a state interested ator from Arkansas. legislation—and I quote him—‘‘would in participating in Ed Flex submitted Mr. HUTCHINSON. I am happy to dramatically reduce the regulatory an application. rise in support of the Ed-Flex legisla- burden of the federal government on In the application, each interested tion. I want to commend Chairman the states in the area of education.’’ state was required to describe how it JEFFORDS and Senator FRIST for their Six months ago, Secretary Riley would use its waiver authority, includ- outstanding work, as well as Senator wrote me to reiterate the administra- ing how it would evaluate waiver appli- WYDEN for his bipartisan efforts on be- tion’s support for the Ed-Flex bill and cations from local school districts and half of this legislation which I think urged its passage. The Senate Health how it would ensure accountability. takes a tremendous step—a bold step— and Education Committee heeded his The original six are: Kansas, Massa- toward improving education in our Na- advice and passed it with only one dis- chusetts, Ohio, Oregon, Texas, and my tion’s schools. senting vote. home state of Vermont. Another six I listened closely to some of those The National Governors’ Association, states came on board between May 1996 who spoke earlier today and yesterday under the chairmanship of Governor and July 1997. Those additional states in opposition to this legislation. Time Carper from Delaware, has strongly are: Colorado, Illinois, Iowa, Maryland, and time again, I heard the advocacy of urged the Congress to pass Ed-Flex this Michigan, and New Mexico. greater spending, as if spending were year. Vermont has used its Ed Flex author- the sole gauge for our commitment to Last November, the General Ac- ity to improve Title One services, par- better education in this country. counting Office looked at this program ticularly improving services for those I heard time and time again that Ed- in detail, both at the dozen States that students in smaller rural areas. In ad- Flex was nothing or that it did noth- now participate in the Ed-Flex pro- dition, my home state has also used Ed ing. The fact is that providing greater gram and the 38 that potentially could Flex authority to provide greater ac- flexibility for our State departments of participate under this legislation. It cess to professional development, education, providing greater flexibility found that views among the current which is a very critical area and per- for local school districts, is the single States varied, but it was seen as mod- haps has the greatest impact on en- best thing that we can do to untie their estly helpful. hancing student performance. hands, to take the straitjackets off It would be a gross overstatement to The Department of Education has local educators and ensure that they, suggest that this bill will revolutionize stated that the 12 current Ed Flex in fact, have the ability to make the education. It will be a sensible step in states have ‘‘used their waiver author- decisions that are going to be in the making our limited resources go fur- ity carefully and judiciously.’’ best interests of the students in this ther toward the goal of improving our In last November’s GAO report on Ed country. education delivery system. Flex, several state officials from the I remember well when I came to the The Department of Education, under established Ed Flex states, said that House of Representatives, the U.S. the leadership of Secretary Riley, has ‘‘Ed Flex promotes a climate that en- Congress, in 1993, and the great debate stated that Ed-Flex authority will help courages state and local educators to was on what we should do about wel- States in ‘‘removing potential regu- explore new approaches . . .’’ fare reform. We had established across latory barriers to the successful imple- The bill before us today, S. 280, under this country a process by which States mentation of comprehensive school re- the sponsorship of Senator BILL FRIST could apply for waivers from the bur- form’’ initiatives. and Senator RON WYDEN, has signifi- densome welfare regulations mandated I would like to take a moment to cantly improved the accountability as- on the Federal level. While not all of briefly review the history of Ed-Flex. pects of the 1994 Ed Flex law. the analogy between welfare reform The original Ed-Flex legislation was S. 280 is very specific regarding a and education reform today fit—there first conceived by former Senator state’s eligibility under Ed Flex au- are many differences—there are also a Mark Hatfield, as many of us know, an thority. The bill makes it clear that a number of similarities. individual deeply committed to im- state must have state content stand- The first step toward what became proving education. His proposal had its ards, challenging student performance comprehensive welfare reform was the roots in his home State of Oregon standards, and aligned assessments as ability for States to apply for waivers which has long been a role model in described in Title 1 or the state must and escape the heavy-handed mandates education. have made substantial progress, as de- coming out of Washington, DC. That Under Ed-Flex, the Department of termined by the Secretary, in imple- first step on waivers led us to the much Education gives a State some author- menting its Title 1 state standards. broader step of block grants and com- ity to grant waivers within a State, This legislation also emphasizes the prehensive welfare reform, which has giving each State the ability to make importance of school and student per- worked, and which has taken thou- decisions about whether some school formance. Each local education agency sands and thousands of people who districts may be granted waivers per- applying for a waiver must describe its were living lives of dependency on wel- taining to certain Federal require- ‘‘specific, measurable, educational fare to now lives of independence, lives ments. goals’’ regarding progress toward in- of hope and greater prosperity. It is very important to note that creased school and student perform- It has worked in spite of the dire pre- States cannot waive any Federal regu- ance. dictions about giving the States the

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2179 flexibility to enact what they believed Now, it was said repeatedly that this In fact, as you look over the history would work in their States in welfare bill is nothing. I want to quote a man of the last 30 years of education in this reform; it has, in fact, accomplished I admire greatly, and he is quoted in country, we have seen, by every objec- the stated goals. the Fordham Foundation report enti- tive measurement, a deterioration in I believe that while this, as has often tled ‘‘New Directions.’’ That individual academic success. I suggest to those been said, is not an end-all, it is not a is the Rev. Floyd Flake. Many of you who oppose this bill that they are at- cure-all for educational woes in this will recognize that name because Floyd tempting to defend a status quo that is country, providing the States an abil- Flake was a Congressman from New demonstrably flawed. We can address ity to escape Washington mandates so York State for many, many years, rep- the tragedy of ‘‘Washington knows long as they are accomplishing in- resenting his constituents very well, best’’ and that we don’t trust those tended purposes with proper account- but who was willing to step outside of local officials. What brings us to the ability is an important first step to the box and, in fact, he was so com- floor today—what brings this legisla- take. I hope we will go further. I hope mitted to education reform and im- tion to the floor today is the crisis that we go to dollars to the classroom that proving the lives of the children of his exists in American education. will consolidate a number of Federal constituents in New York, he left the I listened to the distinguished Sen- education programs. But this is bold U.S. Congress—a safe seat for sure— ator from Minnesota. He used many of and this is important. I commend the and went back to his home district to the same statistics that I quote. He bipartisan efforts to bring us to this run a school and pastor a church. This quoted many of the same reports that point. is what Rev. Floyd Flake said, an Afri- I have before me, which emphasize and I think what we are addressing in can American pastor who served in the underscore the crisis we face in Amer- this legislation is the tragedy of bu- U.S. House as a Democrat: ican education. But it seems to me reaucratic waste. We have heard re- While over $100 billion in title I funds have that the opponents are saying it is a peatedly the statistics that have been been expended on behalf of these children— terrible crisis and therefore we need to cited, and I think accurately cited, that is, children at risk— keep the status quo, we need to fund that we have 760 Federal education pro- these funds have not made much difference. current programs at higher levels, grams; that those 760 Federal edu- Study after study has shown that this impor- when what we have been doing has cation programs spend approximately 6 tant Federal program has failed to narrow the achievement gap. The result for Amer- clearly failed. or 7 cents on the dollar in funding for So what this bipartisan bill does is to our local schools, while mandating 50 ica’s neediest girls and boys is nothing short of tragedy. Real education reform will trans- say, let’s try a new approach, and that percent of the paperwork required for form the future prospects of America’s mi- innovation, creativity, and new ideas our educational programs. nority and low-income children, but this are coming from the States and local When PETE HOEKSTRA in the House of cannot come primarily from Washington. schools. Let’s give them the flexibility Representatives began his Crossroads What the Federal Government can do is get to enact those reforms, and I believe Project, looking at education in Amer- out of the way of States and communities we will see education truly improve. ica, one of the first things he did was that are serious about pursuing real edu- cation reform of their own devising. The federally funded National Assess- to try to catalog the number of Federal ment of Educational Progress, the education programs. I have the tran- I believe Reverend Flake, Congress- man Flake, has hit the nail on the NAEP report, reports that 38 percent of script of Secretary Riley before Con- 4th grade students do not even attain gressman HOEKSTRA’s committee. head. We have heard much very strong, emotional and passionate talk about ‘‘basic’’ achievement levels in reading. Chairman HOEKSTRA: How many education In math, 38 percent of 8th graders score programs do you estimate that we have the needs of disadvantaged children. I throughout the Federal Government? [A don’t believe anybody can question below basic level, as do 43 percent of rather straightforward question to ask of the Pastor Flake’s commitment to dis- 12th graders in science. Secretary of Education.] advantaged children. He said the best I point out that there is an obvious Secretary RILEY: We have—what is the thing we can do is get Washington out trend there. In the lower grades, we do page? It’s around 200. I’ve got it here. One better; in the higher grades, we do thing that I do think is misleading is to talk of the way. So I believe we can address the tragedy of bureaucratic waste by worse. That reality was further empha- about 760— sized in the TIMSS test report, which Chairman HOEKSTRA: Well, how many do passing Ed-Flex. you think there are? Secondly, we address the logic that is the best measurement of an inter- Secretary RILEY: We have—I’ve got a page one size fits all; that wisdom flows only national comparison of student here with it. from Washington, DC; that the U.S. achievement. The TIMSS report shows Chairman HOEKSTRA: Just the Department Congress has the wisdom and ability to that while we do quite well in math of Education alone or is this including all and science in grade 4, compared to other agencies? micromanage our schools. So we hear Secretary RILEY: It is just a couple less much about accountability and that students in other countries, by the than 200. somehow by providing States broad, time those students reach the 12th Chairman HOEKSTRA: Is this just the De- new flexibility we are going to water grade, they are almost at the bottom, partment of Education? down or minimize accountability. internationally. So something has Secretary RILEY: Just the Department of Well, I believe it is a very high form clearly gone awry between grade 4 and Education. Chairman HOEKSTRA: Well, how about in- of arrogance to say that we don’t trust grade 12. cluding other agencies and those kinds of local elected officials, we don’t trust I believe that is a strong incentive things. local school superintendents who are for us to change the direction of edu- Secretary RILEY: Well, that is where I was hired by that local school board, that cation in this country. The Fordham going to get into the 760. we don’t trust the Governors of our Foundation report is well named: New It goes on. Congressman HOEKSTRA States, that, in fact, only we can make Directions. It is high time that we find explains the process they had to go those decisions about what account- new directions in education, and that through to actually come up with the ability should be. ‘‘One size fits all’’ is what Ed-Flex does. It is a first step, figure 760 Federal education programs, rarely works in a country as diverse as but it is an important step, freeing us and, in fact, it is quite well verified. So the United States of America. To be- from bureaucratic waste and ineffi- 760 programs that had never even been lieve that we can micromanage local ciency. As President Ronald Reagan cataloged, when you asked the Depart- schools from Washington, whether they used to say, ‘‘The only thing that saves ment, they didn’t even know how many are in inner-city New York City or us from bureaucracy is its ineffi- there actually were. What we are sug- Desha County, AR, or whether it be in ciency.’’ The tragedy is when you look gesting is that those 760 education pro- Detroit or in Miami, the differences in at the inefficiency in the education bu- grams place an enormous paperwork our cultures, our social backgrounds, reaucracy, those whom it is hurting burden on classroom teachers, local and our needs across this country are are those who are most vulnerable—our educators, and on a State’s department so great, we are so diverse, that to be- children, our students. of education. It is in that area that we lieve that we can properly diagnose and Lisa Graham Keegan, Arizona State can address the enormous bureaucratic then treat educational problems from Superintendent of Public Instruction, waste. Washington, I think, is foolish, indeed. recognizes this. She has stated that it

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2180 CONGRESSIONAL RECORD — SENATE March 3, 1999 is ‘‘the lure of Federal dollars tied to cation. And, in the end, the university Mr. FRIST. Mr. President, I ask programs with hazily defined goals,’’ spent the equivalent of 11⁄2 personnel unanimous consent that Senator and compliance with those Federal pro- years compiling what turned out to be SANTORUM be added as a cosponsor of grams is a big cause of the problems we a 9-pound application. both S. 271 and S. 280, the Ed-Flexi- face in education today. Keegan spe- I wish that were unusual. It may be bility Partnership Act of 1999. cifically indicates that 165 employees unusual. But they actually compute it The PRESIDING OFFICER. Without in the Arizona Department of Edu- where it can be quantified. But I am objection, it is so ordered. cation are responsible for one thing, afraid that reflects the experience of Mr. FRIST. Mr. President, I want to and one thing only, and that is man- the education establishment all across take a few moments to speak on Ed- aging Federal programs—165 employees this country. Flex and give just a little bit of back- just to manage the Federal programs, I know that there are many others ground of what the bill is, the impor- which account for 6 percent of Arizo- who want to speak on this bill. I, once tance of the bill, and where we are na’s total spending on education. again, applaud so much of the efforts of going. Now, those 165 employees work out to Senator FRIST, Senator WYDEN and Earlier this morning I had the oppor- be 45 percent of her total staff. She has Chairman JEFFORDS. tunity to comment on the nature of 45 percent of her educational staff in My sister is a public schoolteacher in the bill—that it is not a bill that is in- the educational department in Arizona Rogers, AR. She, right now, I suppose tended to solve all of the problems in doing nothing more than complying is teaching her third-grade class in education today, but it is a focused with Federal programs that account Reagan Elementary School in Rogers, bill, a bill which will be of significant for only 6 percent of the funding for Ar- AR. benefit to hundreds of thousands of I was thinking last evening about my izona schools. schoolchildren. And, if we act on this Something is badly out of kilter experience in elementary school in a bill sometime in the next several days, little town with a population of less when that happens. And it happens not and if the House does likewise with its than 1,000. And I can to this day name only in Arizona, but you can echo those corresponding bill, it could be sent to every elementary teacher I had. The same sentiments by directors of edu- the President very shortly, and hun- first grade, Ms. Jones; the second cation across this country. dreds of thousands of schoolchildren This is an opportunity for us to move grade, Ms. Harris; the third grade, Ms. can benefit in the next several months. Miller; the fourth grade, Ms. in a new direction. That is why we are moving ahead with Shinpaugh; the fifth grade, Mrs. Allen; President Clinton has made it very this particular bill. clear that he decided the problem with the sixth grade, Mrs. Comstock. I can’t It has strong bipartisan support. It is education is class size; that smaller do that with junior high school or col- supported by the Nation’s Governors, class size is a good thing, and that even lege. and by Democrats and by Republicans. But the impact that an elementary if the Federal Government has to step I thank my colleague from Arkansas teacher makes upon those students is in and do it, that is what we should do. who I think did a wonderful job setting beyond exaggeration, I think. Most of the big picture and the fundamentals of No research indicates what the impact us, I suspect, can look back at those el- why a bill that stresses flexibility and of class size is going to have on a ementary teachers who had an incred- accountability really unties the hands child’s ability to learn. Despite this ible impact upon our lives. There is a and unshackles the schools which right there is a $1.2 billion proposal to spend kind of magic that takes place in a tax dollars to reduce class size. That now have huge amounts of paperwork classroom. Chairman JEFFORDS sees it will be a debate for another time. But every time he goes over and reads to and regulations coming down from I think once again it reflects the tradi- those disadvantaged children. All of us well-intentioned laws and statutes tional thinking that we can only solve who have taught, whether it was in passed here in Washington, DC, but education problems with Washington junior high teaching civics, as I did, or really makes it very difficult, in fact solutions. whether it is teaching third grade in impedes their ability to efficiently do In 1996, then-Governor VOINOVICH of the public schools just like my sister what they want to do, and that is teach the State of Ohio who is now our col- does, have experienced that magic students and educate our children. league in the U.S. Senate noted that where the light comes on, where those I thank Senator HUTCHINSON for that local schools in his State had to submit students connect with their teacher, wonderful background and presen- as many as 170 Federal reports totaling the thrill of learning and where the ex- tation. He mentioned the Third Inter- more than 700 pages during a single perience of education catches on in a national Math and Science Study year. This report also noted that more classroom. (TIMSS), and although we are not than 50 percent of the paperwork re- I suggest to those who want to talk going to be talking a lot about that quired by a local school in Ohio is a re- about the need for greater control in today, it is interesting because this sult of Federal programs; this despite Washington and who want to oppose study, which is an objective, very good the fact that the Federal Government providing flexibility to local schools study, recognized nationally and inter- accounts for only 6 percent of Ohio’s that they remember that the magic nationally, is a good measurement of educational spending. One-hundred and happens in the classroom. where we are today. It reflects the seventy Federal reports, Governor I want my sister, Geri, spending her common interests that we have as VOINOVICH said, 700 pages in length, and day teaching those students, creating American people on both sides of the 50 percent of the paperwork, and once the magic, inspiring those kids to learn aisle to present a better future to our again only 6 percent of the educational and to appreciate the value of edu- children by preparing them. spending in Ohio. cation rather than spending her day Behind me are the results of the Then I think the experience in Bos- filling out forms for the 6 percent of Third International Math and Science ton illustrates this need for Ed-Flex as funding that comes from Washington, Study. It is a little bit confusing when well. I quote again from this very im- DC. I don’t want her having to spend you see the chart. But after digesting portant report. It states: her prep hour filling out more forms lots of different studies, the more time Unfortunately, even this estimate is likely for bureaucrats in Little Rock and one looks at this chart the more com- to underestimate the true paperwork burden Washington. fortable it is. And this chart has a lot to local schools and universities across the Mr. President, I believe this is a bold of information which hits right at the country. step. I hope it is not the last one that heart of why we have the problems we According to the President of Boston we take. But it is an important step. I have today. University, John Wesley, Boston Uni- applaud, once again, and am glad to be This particular chart highlights versity spent 14 weeks and 2,700 em- a part of supporting this effort today. science. I have other charts that I ployee hours completing the paperwork I thank the Chair. I yield the floor. won’t show today that also highlight required to qualify for Federal title IV Mr. FRIST addressed the Chair. similar statistics for mathematics. But funding. They were slowed by repeated The PRESIDING OFFICER (Mr. the statistics are very similar, whether corrections and clarifications re- BOND). The Senator from Tennessee is it is reading, science or math that is quested by the Department of Edu- recognized. being evaluated.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2181 Let’s look at science. name for that particular committee. those unnecessary Federal regulations. In the first column, it is grade 4. As We began to address this issue over a And that in one sentence is a descrip- the Senator from Arkansas said, the year ago when first explored it through tion of Ed-Flex. TIMSS study looks at grade 4, looks at the Senate Budget Task Force on Edu- Because the Ed-Flex program is cur- grade 8, and looks at grade 12—all of cation. rently a demonstration program, we those green lines going down in the The more we looked into it, the more have a lot of data available about it. print. There are different countries we felt this bill could make a huge dif- Again, over the course of the debate, that are involved. So you will have a ference, and it is something that Gov- we will come back to some of the out- relative standing of how well the ernment can and should do. The Fed- comes of Ed-Flex and give some exam- United States does in grade 4, 8 and 12 eral Government needs to take the ples of how it is being used. The key versus other countries. leadership role to untie the hands of thing is that Ed-Flex gives flexibility Again, the studies are very good, our States, our schools, and our school to find some of the solutions to specific very carefully controlled from a sci- districts so that they can carry out the problems that vary from school to entific standpoint, and right on target. sort of objectives that we all generally school, school district to school dis- For example, grade 4, at the top of the agree to, the sort of goals that we set trict, and community to community. It list is South Korea. In the fourth grade in this body. allows that element of responsiveness in terms of average score, in terms of Again, what we are doing today, is to to specific needs. In addition, it allows science, the second one down is Japan; expand a demonstration project that a degree of creativity, and innovation. third one, is Austria; the fourth is the began in 1994. As the Senator from These things are critical especially United States. The red line, both in Vermont outlined in his brief history when we see the trends that I just grades 4, 8, and 12, is the United States. of the program—it began in 1994 as a showed on TIMSS which clearly indi- So right off you see in the fourth demonstration project with 6 States. It cate that we can’t just do more of the grade we do pretty well relative to was extended later to another 6 States, same; we can’t just throw more money other countries. In the eighth grade, so now 12 States have the opportunity at existing programs; we can’t accept just as the Senator from Arkansas to be Ed-Flex States. And what we are the status quo; we can’t do a lot of the said, we didn’t do nearly as well. And going to do in this legislation, which things that at first blush we might in the 12th grade, we fall way down. will pass, I am very hopeful, not too think work, because we have tried it in You will also see on the chart a black long from now, is extend that dem- the past and it hasn’t worked. line. The black line indicates the aver- onstration project from 12 States to all Over the past 30 years, we have been age for all countries. 50 States. flat in terms of our student perform- So not only do we know where we Behind me on the map, again, for the ance in this country. Now, some people stand relatively in terms of other coun- edification of my colleagues who may will stand up and say, yes that is true, tries, but we also know where we stand not be familiar with this program, you but look at some results released last with the average of other countries. can see that Massachusetts is an Ed- week or look at some from 5 years ago Again, the observation is in the Flex State, and we have, I think, good where there is a little bit of improve- fourth grade, we are fourth when we demonstrated results there. Texas has ment. I will tell you—and I can bring compare ourselves to other countries, also had positive results with using its those charts—if you plot it out year by which is above average. In the eighth Ed-Flex waiver authority. Earlier this year performance for students has been grade for science, we fall way down, yet morning I had an opportunity to stagnant in the 4th, 8th and 10th we are still above the average. But present some of the outcome data from grades. The problem is that the other look what happens by the time we get that particular State. The color yellow countries that have allowed creativity to the 12th grade. By the time we get on the chart indicates the States where and innovation are all improving and to the 12th grade, Sweden is ahead of Ed-Flex is currently available. But we are being left behind. us, Netherlands is ahead of us, Iceland Tennessee, the State I represent, says, So I don’t want to underestimate the is ahead of us, Norway, Canada, New Why don’t we have that same oppor- power of that innovation, the power of Zealand, Australia, Switzerland, Aus- tunity of increased flexibility for that creativity. We like to think it all tria, and Slovenia, are ahead of us. greater accountability? Let us have begins in this room here with the Con- Denmark is ahead of us, and so are that same flexibility to get rid of the gress; in truth, it begins in those class- Germany, the Czech Republic, and excessive regulations. Let us get rid of rooms with hard-working teachers, France. The Russian Federation is also the unnecessary paperwork. Let us get with hard-working school attendants, ahead of us in the 12th grade in terms rid of the Washington redtape. with those Governors who recognize of science. Now, what they are saying is, Allow that they really have made progress As we look to the future and we look us to look at our local situation, which and need some flexibility. at fields like reading and science and in Nashville is different than Jackson, We will hear a number of examples of mathematics and we see this trend which is different than Johnson City, how flexibility and accountability have over time, that is really the call for us, which is different than Humboldt, worked. In Maryland, we have seen as a nation, to focus on education, to which is different than Soddy-Daisy. that the Ed-Flex program has allowed do it in a bipartisan way, a way that Give us that opportunity. a school to reduce the teacher pupil ra- really does focus on our children today, And, again, you can see how it hap- tios from 25 pupils to 1 down to 12 to 1. and recognize how are we going to be pens. All of us in this body have good They felt that was important and they able to compete in the next millen- intentions when we pass these statutes received a waiver that allowed them to nium with this sort of trend over time. and we pass these laws and then they accomplish this based on their par- As the charts have indicated the go through this regulatory machine. ticular needs. United States is below the average of Everybody has good intentions. But In Kansas, waivers have been used to all these other countries, and the trend the regulations get more and more provide all-day kindergarten, because is getting worse the longer one stays in complicated, which seems to be a com- this was a priority for them. It was a school in the United States of America. mon theme whenever one look at a va- dimension where they had a specific Let me refer once again to what a riety of fields here in Government. need. pleasure it has been for me to partici- Now, one of the issues that we are They were also able to have a pre- pate in the education issue on this par- going to be talking about is waivers. school program for 4-year-old children. ticular bill with Senator WYDEN of Or- So what is the Ed-Flex program? There They also saw they weren’t doing very egon. He and I have been working on are currently 12 States participating. well in reading, so they were able to Ed-Flex expansion through a number of The Ed-Flex program, very simply, is a implement, through the waiver pro- committees and task forces—the Sen- State waiver program which allows gram, new reading strategies for all ate Budget Task Force on Education, schools and school districts the oppor- students. working with the chairman of the tunity to obtain temporary waivers to Now, the waiver issue will come up, Health, Education, Labor, and Pen- accomplish specific education goals but and whenever you hear ‘‘waiver,’’ peo- sions Committee, which is the new free of that Washington redtape, free of ple have to think, and they should

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2182 CONGRESSIONAL RECORD — SENATE March 3, 1999 think, ‘‘accountability,’’ We are say- to specifically say how that waiver will Ed-Flex Demonstration Program To ing, accomplish certain goals, but do it be used, and then you have to have spe- All Qualified States and Territories.’’ in a way that meets your specific needs cific measurable goals written out in It was a resolution. NGA doesn’t do a with programs that you believe will that waiver application. You will be whole lot of resolutions, but this is a work at the local community level. It held accountable for all of that. There major priority for our Governors who is critical that we build in strong, ac- are additional accountability measures understand, like we do, addressing as a countability measures. in the bill, but I have summarized ac- nation, that we must put education at If we look at the history, again refer- countability at the local level. the very top of our priorities. Let me ring to Senator WYDEN’s initial request At the State level, again we include just read the first sentence: to have the General Accounting Office strong accountability measures be- The governors strongly affirm that states look at some of the Ed-Flex programs, cause we address things that are called are responsible for creating an education we can see in GAO’s report in Novem- ‘‘content standards’’ and ‘‘performance system that enables all students to achieve ber of 1998, that the ‘‘Department of standards’’ and ‘‘assessments.’’ In addi- high standards and believe that the federal Education officials told us they believe tion to those content standards and government should support state efforts by that the 12 current Ed-Flex States have performance standards, States are re- providing regulatory relief and greater flexi- bility. used their waiver authority carefully quired to monitor the performance of and judiciously.’’ This is an important local education agencies in schools Skip on down just a little bit to the statement because we are going to hear which have received a specific waiver. second paragraph so we can look back some rhetoric, and we heard a little bit That includes the performance of stu- to the past from the Governors’ per- this morning, that if you give this free- dents who are directly affected by spective. Again, this is Democrats and dom, people are going to abuse it. Peo- those waivers. Then, for those low-per- Republicans, bipartisan, which is the ple say there is no evidence. Based on forming schools or school districts that nature and the real power of this bill. what the Department of Education has are identified, the State must engage— They say: concluded and reported to us through and these are the key words—in ‘‘tech- Ed-Flex has helped states focus on improv- ing student performance, by more closely the General Accounting Office, the nical assistance and corrective action.’’ aligning state and federal education im- waiver system has worked well. And then the last, in terms of the provement programs and by supporting state Ed-Flex is a bipartisan plan. It is a State level, the State can terminate a efforts to design and implement standards- common sense plan that will give waiver at any time; the ultimate based reform. States and localities and school dis- power. If the State says things are not And then just their last sentence: tricts the flexibility, which I have al- going right, it may terminate the waiv- Ed-Flex will provide states and territories ready been stressing. Now I want to er. with increased incentives to strengthen state stress the accountability provisions. At the Federal level, indicated on the efforts to adopt meaningful standards and Accountability is critical to the over- chart at the top of the pyramid, we assessments with greater accountability. all success of the program. It has to be have an additional backup, an impor- As I mentioned earlier, we ran out of built in. The two words I want my col- tant element, I think, to demonstrate time to pass Ed-Flex last year. It is leagues to remember are ‘‘flexibility’’ the pyramid effect of this. That is, the coming back to the floor now. It has and strong ‘‘accountability.’’ Those are Secretary is required to monitor both been passed in the Labor and Human two important principles behind this the performance of the States and also Resources Committee and the now bipartisan bill. to have the ability to, as you can at Health, Education, Labor, and Pen- Now, the accountability measures in the State level, terminate that waiver sions Committee, where we had the op- the current Ed-Flex programs—we have at any time. portunity to discuss many of these 12 programs with this 5-year history— I think this three-tiered level of ac- amendments. We have an opportunity are very good. I want my colleagues to countability is something that is very, to pass this legislation very, very early understand that accountability has very important when we give that in this Congress so it will be to the been strengthened. We have given even flexibility to achieve the specific goals benefit of hundreds of thousands of more teeth to ensure accountability in which are outlined. That, I believe, is a children in the very near future. That the bill and in the managers’ package real recipe for success as we work to- is why we really should not put this that has been put forward. Under cur- wards educating our children and im- off. Some people have said, Why don’t rent law there is less accountability proving those scores that have been re- you consider this in the Elementary than what we are proposing. Under cur- ferred to already this morning. and Secondary Education Act? That is rent law, a State need only have what I will just spend a couple of more unnecessarily pushing a bill off that we is called a comprehensive reform plan minutes, I think, so we can move on know will benefit children today, put- to participate in Ed-Flex. Even though with other people’s comments. But as I ting it off for a year or a year and a the current 12 state program has less pointed out, we have experience with half unnecessarily, given the tremen- accountability than what we are offer- this. This is not a program that we dous consensus that has been reached ing, have been told by the GAO, that pulled out of the sky and said, let’s try around this particular bill. the Department of Education says it out, some experimental program, In closing, let me just say I think the there has been a judicious and careful rushing this through the legislative time really has come that we lend our use of this waiver authority. process. I think we need to recognize efforts to give States and give local- Behind me is a chart which, again, is right up front that we have a 5-year ities and give schools and give school going to be difficult to read from far history with it. It has been a dem- districts the flexibility they need, and away. It is a pyramid and it is tiered, onstration project, it has been en- the tools that they need, to accomplish because we have accountability meas- dorsed by the Department of Edu- the jobs that we, as a society, have en- ures built in at the Federal level, cation, it has been endorsed by the trusted them to do. which is at the top; we have account- President of the United States, it has Ed-Flex is not the cure-all. It is not ability measures built in at the State been endorsed by Democrats and Re- going to be the answer to all of our level, which is the middle; and at the publicans, and something which I think education challenges. But what it is, is bottom of that, we have strong ac- is critically important is the fact that a modest first step at moving toward countability measures built in at the all 50 Governors have said this program that common goal that we all share. base, at the local level. is right; it is what is needed to best I yield the floor. At the local level, there is a require- educate that child who is in the school The PRESIDING OFFICER (Mr. ment to demonstrate why the waiver is system in his or her State. VOINOVICH). The Senator from Massa- needed. You have to spell that out very The Governors are in a position, I be- chusetts is recognized. specifically. The applicant has to say lieve, both to judge but also to lead, as Mr. KENNEDY. Mr. President, I how that specific waiver will be used to we go forward. I have behind me a reso- think all of us in the Senate are look- meet the purpose of the underlying lution that passed just last week from ing forward to these next few days dur- program. Again, we are not changing the National Governors’ Association. ing which we will have an opportunity the purpose of the program. You have The headline or title is, ‘‘Expansion of to address the fundamental issue which

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2183 is on the minds of most families in this closely. I am glad to have a chance to We just passed an increase in mili- country—certainly the working fami- reflect on some of the observations tary pay. There were 26 amendments lies in this Nation—and that is whether that I have made over the years in on that particular proposal. I do not we, as a Federal Government, are going watching that. But we will also have expect that we will have as many on to be partners with state and local gov- an opportunity to debate whether we, this, but nonetheless it is important ernments as we try to address the crit- as a Senate, are going to go on record that we do have a chance through ical issues facing our public schools— as supporting smaller classrooms from today and through the remainder of whether our children are going to be the early grades. the week and through the early part of able to make academic progress and We will have a chance to hear an ex- next week to address some of these have the opportunity to achieve their cellent amendment from the Senator issues. We welcome this chance to full potential. from Washington, Senator MURRAY, on focus on the issues of education and Public education is basically a part- that particular issue. We made a com- also on what our policies are going to nership, and one in which the Federal mitment to the school districts across be. Government has had a very limited the country last year that we were Just to review very briefly, Mr. role, historically. The principal respon- going to start this process. It was going President, this chart demonstrates sibility has been local governments, to go in effect for some 6 years. We quite clearly a rather fundamental and the States have had some interest. made the commitment for the first commitment. That is, for every dollar The Federal Government has really year, but the school districts across that is spent by the States, they spend had a limited interest. As has been the country are wondering whether 62 cents in addition to that for the pointed out, approximately 7 cents out this is going to be a continuum. Cer- needy children in their State. The cor- of every dollar that is spent locally tainly it is extraordinarily timely that responding Federal dollar amount is that can be traced back to the Federal we provide that kind of authorization $4.73. This is a really clear indication Government. Two cents of that is actu- for smaller classrooms, so that the of what we are talking about, pri- school districts all across the country ally in nutrition and the support of marily with Title I, which is the prin- will have some certainty as to what breakfast and lunch programs. It cipal issue here—the resources that are the education policy at the congres- comes down to about 4 cents out of being provided are going to the need- sional level will be on that issue. every dollar that is actually appro- iest children in this country. The President has included the re- And, interestingly, in the reauthor- priated by the Federal Government. sources to fund that initiative, in ex- ization bill of 1994, we changed the di- So all of us are interested in how we cess of $11 billion, in his budgets over rection of Title I to very high poverty can use scarce resources. What we are the next 5 years. That is very impor- areas—very high poverty areas—not talking about here today is not expand- tant, and we will have an opportunity just poverty areas but very high pov- ing that in any way. We are talking to address that issue. erty areas. And when we have a chance, about whether, of that 4 cents, maybe 2 Senator BOXER wants to address as I will in just a few moments, to go cents will be able to have greater flexi- afterschool programs. I think we have through and see what the distinction bility at the local level. seen, with a modest program in the has been in targeting more precisely The question is what are the prior- last year, the beginning of the recogni- the resources, there has been a very ities for us at the Federal level? It has tion of the afterschool problem. Every important indication of progress been generally agreed that the priority day, there are some 5 to 9 million chil- among the children in getting a much for us at the Federal level is going to dren between the ages of 9 and 14, who more targeted direction in terms of re- be targeting the neediest and the most too often find themselves not attending sources. This is part of the reason why disadvantaged children in the country. to their homework, but rather find some of us believe that, in addition to We, as a society, feel that we have themselves involved in behavior which being able to get some kinds of waivers some responsibility, some extra respon- is inappropriate. from the Federal programs in the area sibility—that it is not just a local re- What we have seen is that where of Title I, we ought to insist that we sponsibility to try to deal with those these programs have been developed— are going to require that there be aca- needy children, but that we have a na- where children are able to work in the demic achievement and student im- tional responsibility. That was the afterschool situation, being tutored provement if we are going to move basis for the title I programs. perhaps in their subject matter or en- ahead. We are finding now, under the Over a long period of time, we have couraged to participate in literacy pro- most recent report of Title I, that for debated about how that money can grams—those children are doing much the first time we are making notice- most effectively be used to enhance better academically and socially as able and important gains on Title I. academic achievement and accomplish- well. And when they have the oppor- That has escaped us over the almost 30 ment. As has been pointed out today, tunity to spend time with their parents years, but now we are making some and as was pointed out in the Presi- in the evening time, it is quality time, real progress in the area of Title I. I dent’s excellent statement earlier rather than parents telling children as will have a chance to review that, but today over in the Library of Congress, soon as they get home, ‘‘Run upstairs this is basically an indication to show we know what needs to be done. It is a and do your homework.’’ This has been the targeting of Title I. question now of whether we, as a coun- very, very important, and Senator Secondly, Mr. President, while we are try and a society and a people, are will- BOXER has an important proposal to looking at the issue of flexibility at ing to do it. authorize and to enhance the commit- the present time, I just want to point During the next few days, we will ment in those areas. out what we have done in terms of Ed- have an opportunity to look at a num- There will be modest amendments in Flex. In 1994, we passed what was called ber of different features of the edu- other areas. I know Senator HARKIN the Hatfield-Kennedy amendment on cation priority. We are dealing now has a proposal with regard to school the elementary and secondary edu- with the Frist-Wyden legislation, and I construction. I know Senator BINGA- cation bill. That amendment provided want to speak to that for a few mo- MAN has an amendment about school that six States at that time would have ments and make some observations and dropouts. Some of these are programs Ed-Flex. The Governors then, once also address, later in the afternoon, that we have debated in the past and they were given that kind of approval, what I think could be useful changes in have been actually accepted by the would be able to waive particular re- the legislation. Senate. There are other programs as quirements if any community within I commend Senator FRIST and Sen- well, issues involving technology and the State wanted to do so. When we ator WYDEN for their initiative, and I other matters that will eventually be came to the Goals 2000, we added an- have voted for this legislation to come addressed and brought up. We are not other six States and we permitted the out of our committee both last year interested in undue delay, but we also Secretary of Education to provide Ed- and this year—and, as a matter of fact, believe that there is no issue which is Flex to any school district in the coun- I was the author, with Senator Hat- of greater importance to American try. field, in 1994 that initially set up the families, and we ought to be willing to So what we have seen is, with all of Ed-Flex—and I have followed it very address these issues. the various applications that have been

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2184 CONGRESSIONAL RECORD — SENATE March 3, 1999 made in the period since then, some 54 one State has adopted this approach. ing and teaching. That step will ensure percent have been approved; 31 percent, Schools and school districts already that the real paperwork burdens on when they brought those measures up have great flexibility today and paper- local school districts are diminished. to the Department of Education, were work is not their top issue. As I mentioned, we have 10 States that shown to be unnecessary and therefore According to the General Accounting do not have that capacity or willing- withdrawn; and only 8 percent were Office report that was quoted earlier ness to do so. disapproved. This is a pretty good indi- today, ‘‘information, funding, and man- Families across the Nation want cation that any school district that agement,’’ not paperwork, are the pri- Uncle Sam to be a partner, a helping wanted to seek a waiver of any of these mary concerns of school districts. Pro- hand in these efforts. Parents want re- rules and regulations has been per- visions for increased flexibility, such sults. They want their communities, mitted to do so. In the State of Cali- as waivers, ‘‘do not increase federal as- States, and the Federal Government to fornia, there have been more than 1,000 sistance to school districts, nor do they work together to improve public applications that have been approved. relieve districts of any of their major schools. In doing our Federal part, we That is the current situation in which financial obligations.’’ That is the find- should ensure that when we provide we find ourselves. ing of the General Accounting Office. more flexibility, it is matched with On the issue of accountability, the It is interesting to me, Mr. President. strong accountability for results, so real question is, ‘‘In the waiver of these I would have thought there would be that every parent knows their children regulations, are we going to be able to much more authority and much great- are getting the education they deserve. I support the Frist bill because it give the assurance that we are going to er credibility if those who were talking provides flexibility and takes some have student achievement?’’ What we about this would be able to dem- steps towards holding States account- are basically saying is, if we are going onstrate that the States themselves able. But it isn’t enough. Congress has to give you 5 years of waiving the regu- were willing to waive their statutes the responsibility to ensure that Fed- lations, which take scarce resources, and regulations. That has not been the eral tax dollars are used effectively to and target it on needy children, are we case. In some instances States have, help all children learn. Just giving going to insist that the children are but in many they have not. As the Gen- States more flexibility will not do the eral Accounting Office report shows, going to have student achievement? job. A blank check approach to school even if you granted it, it would not That is what we are asking. reform is the wrong approach. Our pri- And I mentioned, at least to my col- make a great deal of difference, be- mary concern in this legislation is to league and friend, Senator WYDEN, that cause there are so many State regula- guarantee that accountability goes we could add those words in three dif- tions and statutes that are in exist- hand in hand with flexibility. Strong ferent places in the legislation along ence, that are related to this program, accountability measures are essential with the language that is in here and that it would not really have the kind to ensure that parents and commu- resolve at least one of the concerns of beneficial result many of us would nities across the country have con- that I have, and that I think a number like. fidence in the waiver process. of others have as well. I am always glad to hear our good Another fundamental requirement is We have seen since it has passed out friends the Governors talk about reduc- that States and districts must provide of our Committee, as I am sure has ing the regulations, when we have seen parents, educators, and other inter- been explained by the authors of the a reduction in the regulations by two- ested members of the community with legislation, that they provide changes thirds since the authorization of 1994, the opportunity to comment on pro- to try to reflect greater accountability. and yet we have not really heard from posed waivers and make those com- And we very much appreciate that. them, nor have we heard here on the ments available for public review. That is in the managers’ package, and floor of the Senate, how the States These public comments should be sub- it is a good start. I believe the authors themselves have changed their statutes mitted with State or local waiver ap- have gone through that in some detail. and rules and regulations in order to be plications. What we are talking about If not, I will take some time to do that more flexible during this period of is parental involvement. And we will briefly later in my discussion. But this time. have an opportunity to address that. is where we are, Mr. President. In fact, in many cases it is the I am sure we will hear the response What we are interested in is student State’s redtape, not the Federal bu- back, ‘‘Why are we going to do that?’’ achievement. What we are going to in- reaucracy, that will keep schools from That is going to require more action at sist on is to make sure that if we are taking full advantage of the flexibility the State level. We are going to have going to give over to the States the re- that the law provides. Ten States can- hearings in order to hear parents’ sources targeted for these particular not waive their own regulations and views about it. But the fact of the mat- areas, that they are going to be able to statutes because State law does not ter is, unless you get the parents in- come back over the period of the fol- permit it in order to match this. volved, you are not going to do the job. lowing 2, 3, 4, 5 years and demonstrate It is good, as we start off on this, to The parental involvement is essential. the student achievement. That is what have some idea about the scope of this We will have a chance to go through we are interested in and what we want whole debate. I think it is going to be that in the most recent title I report. to address here later this afternoon. useful if we get through this part of it And you can’t show me where in the Mr. President, education is a top pri- in the next day or so. The real guts of Frist-Wyden proposal they are going to ority in this Congress, and few other the whole debate is going to be next guarantee that the parents are going to issues are more important to the Na- week when we come to the questions of have a voice in the final decision that tion than ensuring that every child has classrooms and afterschool programs. is going to be made here. It just is not the opportunity to attend a good, safe, But I do want to make some addi- there. You show me a community and modern public school. The Ed-Flex tional points. In fact, in many cases, as where you have intense parental in- Partnership Act can be a useful step I mentioned, it is the State’s redtape, volvement, and you are going to see a toward improving public schools, but not the Federal bureaucracy, that will school system that is moving in the to be effective, it must go hand in hand keep schools from taking full advan- right direction. You show me a commu- with strong accountability. tage of the flexibility that the law pro- nity where parental involvement is dis- Current law already contains sub- vides. That is why, if tied to strong ac- tant or remote, and you are going to stantial flexibility. As I mentioned, the countability, expanding Ed-Flex makes see a school that is in decline. Those 1994 amendments to the Elementary/ sense, so all States can ease the burden are not my conclusions—those are the Secondary Act reduced paperwork and on local school districts as they obtain conclusions of the educational commu- increased flexibility. Since then, two- increased Federal flexibility. nity. We want to make sure that par- thirds of the Act’s regulations—two- One requirement to be eligible for ents are going to be involved when thirds—have been eliminated. States Ed-Flex is that a State must be able to waivers are being proposed to get their now have an option to submit a single waive that State’s statutory or regu- kind of input. And there will be the consolidated State application instead latory requirements which impede transmission of their views to the Sec- of separate applications, and all but State or local efforts to improve learn- retary.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2185 Mr. President, it is essential that cific student achievement goals. That of the 13 large urban districts that re- States and districts provide parents, is true accountability. port 3-year trend data, there were in- educators, and other members of the If you review the different State an- creases in the number of elementary community with the opportunity to nual reports, there is a dramatic con- students in the highest poverty schools comment on proposed waivers and trast between what has been imple- who met the district or State stand- make their comments available for mented by the State of Texas in using ards of proficiency in writing or math. public review. These public comments the greater flexibility to enhance stu- Six districts, including Houston, Dade should be submitted with State or local dent achievement and what has hap- County, New York, Philadelphia, San waiver applications. pened in many of the other States. Antonio, and San Francisco made That is what we are talking about. True accountability is what we want to progress in both subjects. Just make that change. Public com- achieve if we are going to have the Federal funds are increasingly tar- ments should be submitted with State Federal funds. geted to the poorest schools. The 1994 or local waiver applications. That Each of these requirements is sen- amendments to Title I shifted funds, as would move us in a very, very impor- sible. No one wants a heavy-handed I mentioned, away from low-poverty tant, very positive way—we get the Federal regulation of State and local schools into high-poverty schools. student accountability and we get the education. That is not the issue. The parental involvement. Those are the real issue is accountability. These im- Today, 95 percent of the high-poverty measures we are looking at, Mr. Presi- portant requirements are well designed schools receive Title I funding, up from dent. to achieve it. We should do nothing to 80 percent in 1993. We must also ensure that all stu- undermine these principles, especially The percent of schools with parent dents, particularly the neediest stu- when we have new evidence that they compacts—agreements between teach- dents, have the opportunity to meet work, particularly for the neediest stu- ers and parents about how they will the high State standards of achieve- dents. work together to help the children do ment. Fundamental standards should ‘‘The National Assessment of Title better—rose from 20 percent in 1994 to not be waived. Parents need to know I,’’ released earlier this week, shows 75 percent in 1998. A substantial major- how their children are doing in every that student achievement is increasing ity of the schools find their compacts school, and in the poorest performing and that the Federal Government is an are important in promoting parents’ schools, parents also need help in effective partner in that success. The involvement, especially in higher pov- achieving change. glass on the table is half full, not half erty schools. Parent involvement is a Under Title I, disadvantaged students empty as critics of public schools key element in terms of academic have the opportunity to achieve the would have you believe. This is good achievement, and that is why we be- same high standards as all children. news for schools, good news for par- lieve their voice regarding waiving the School districts must provide realistic ents, good news for students, and it requirements should be heard and at assistance to improve low-performing should be convincing evidence to Con- least considered. schools. Flexibility makes sense, but gress that many of the reforms we put Title I funds help improve teaching not if it means losing these essential in place in recent years are working. and learning in the classroom. Ninety- tools for parents and communities to Since the reauthorization of Title I nine percent of Title I funds go to the achieve reform and improve their in 1994, a nonpartisan Independent Re- local level; 93 percent of those Federal schools. view Panel, made up of 22 experts from There were four very important across the country, has overseen the dollars are spent directly on instruc- changes in the 1994 authorization: first program. Title I is the largest Federal tion, compared to only 62 percent of all was a significant reduction in paper- investment in improving elementary State and local education dollars that work; second, the targeting of the and secondary schools. Title I helps to are spent on instruction. highest incidence of poverty; third, the improve education for 11 million chil- We are going to hear a lot as we de- heavy involvement of parents in terms dren in 45,000 schools with high con- bate education about where the Fed- of the participation; and fourth, and centrations of poverty. It helps schools eral money that is appropriated goes, perhaps most importantly, high stand- provide professional development for in terms of Federal bureaucracy and ards. teachers, improve curriculums, and ex- administration, State bureaucracy and We move away from dumbing down. tend learning time so students meet how much of the money goes to the We establish high standards for poor high State standards of achievement. local level. This is the most recent re- children as well as children that were Under the 1994 amendments to Title port that has been done by independ- coming from other communities. Those I, States were no longer allowed to set ents. It shows that local school dis- factors have had an important positive lower standards for children in the tricts get 95.5; State administration is impact. We are finally getting there. poorest communities than they set for 4 percent, Federal administration is We must ensure that increased flexi- students in more affluent communities. one-half of 1 percent. State administra- bility leads to improved student The results are clear: even the hardest- tion of their own programs are consid- achievement. Accountability in this to-reach students will do well when ex- erably higher, as the chart indicates. context means that States must evalu- pectations are set high and they are ate how waivers actually improve stu- All of these steps are working to- given the support they need. gether to improve student achieve- dent achievement—open-ended waivers Student achievement in reading and ment. The best illustrations of these make no sense. Results are what math has increased, particularly in the successes are in local schools. In Balti- counts. Student achievement is what achievement of the poorest students. more County, MD, all but one of the 19 counts. Since 1992, reading achievement for 9- Title I schools increased student per- The Secretary of Education should be year-olds in the highest poverty formance between 1993 and 1998. The able to terminate a State’s waiver au- schools has increased nationwide by a success has come from Title I support thority if the student achievement is whole grade level. Between 1990 and for extended year programs, implemen- not improving after 5 years. States 1996, math scores of the poorest stu- tation of effective programs in reading, must be able to terminate any waivers dents rose by a grade level. granted to a school district or partici- Students are meeting high State and intensive professional development pating schools if student achievement standards, too. Students in the highest for teachers. is not improving. If waivers do not lead poverty elementary schools improved At Roosevelt High School in Dallas, to satisfactory progress, it makes no in five of six States reporting 3-year 80 percent of the students are poor. sense to continue. data in reading, and in four out of five Title I funds were used to increase par- What I have been mentioning here is States in math. Students in Con- ent involvement, train teachers to being practiced in one of the Ed-Flex necticut, Maryland, North Carolina, work with parents, and make other States, and is showing remarkable im- and Texas made progress in both sub- changes to bring high standards to provement in terms of education. That jects. every classroom. Reading scores have state is Texas, where they have real Many urban school districts report nearly doubled, from the 40th per- student achievement, real account- that achievement also improved in centile in 1992 to the 77th percentile in ability, parental involvement, and spe- their highest poverty schools. In 10 out 1996.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2186 CONGRESSIONAL RECORD — SENATE March 3, 1999 During the same period, math scores In addition, many schools are seri- cation, the Nation’s children deserve soared from the 16th percentile to the ously understaffed. During the next the best that we can give them. 73rd percentile, and writing scores rose decade, rising student enrollments and Mr. DODD. Will my colleague yield from the 58th to the 84th percentile. massive teacher retirement mean that for 30 seconds? That is remarkable. the Nation will need to hire 2 million Mr. KENNEDY. Yes. What happened in this area? We got new teachers. Between 1995 and 1997, Mr. DODD. I want to commend the the parents involved and we enhanced student enrollment in Massachusetts distinguished Senator from Massachu- the training of teachers to work more rose by 28,000 students, causing a short- setts who, for years, along with our effectively with the parents to bring age of 1,600 teachers—without includ- colleague from Vermont, has been such the high standards into every class- ing teacher retirements. a leader in these issues. I particularly room. We must fulfill last year’s commit- thank him for raising the issue of the The Baldwin Elementary School in ment to help communities hire 100,000 after-school program. Several of us Boston, where 80 percent of the stu- new teachers, as part of our national have been talking about this. As my dents are poor, performance on the pledge to reduce class size. Research colleague from Massachusetts knows, I Stanford 9 test rose substantially from has documented what parents and offered an amendment last year when 1996 to 1998 because of the increases in teachers have already known—that we considered the Ed-Flex bill in com- teacher professional development and smaller classes enhance student mittee to increase federal support for implementation of a reform to raise achievement. after-school programs. My colleague standards and achievement for all chil- It is equally important to help com- from California is interested in the dren. munities recruit promising teacher subject, as well. We would like to bring In 1996, 66 percent of third grade stu- candidates, provide new teachers with this issue up. It is a very important dents scored in the lowest levels in trained mentors who will then help one which we will talk about later. I math. By 1998, 100 percent scored in the them succeed in the classroom, and thank him for including that in his re- highest level. In 1997, 75 percent of give current teachers the ongoing marks as he gave an overview of where fourth graders scored in the lowest lev- training they need to help keep up with we are on education issues. Mr. KENNEDY. I thank the Senator els in reading. By 1998, no fourth grad- modern technology and new research. ers were at the lowest level, and 56 per- Another major need is in the area of from Connecticut. We are all mindful cent were at the highest level. afterschool activities. According to the that our good friend and colleague is a We have seen that the National As- National Assessment on Title I, oppor- leader in this body in many areas, but sessment of Title I shows that high tunities for children to participate when it comes to children’s interests, he is truly our leader. And on the issue standards and parental involvement afterschool and summer school pro- of afterschool programs, Senator get better results for children, particu- grams have grown from 10 percent of BOXER has been in the forefront of that larly the neediest children. That is Title I schools to 41 percent in 1998. effort. We look forward to having a what we would like to see come That has made an important contribu- good debate on that issue as we move through this legislation—where you tion to the enhancement of these chil- ahead as well. I thank the Senator very get the flexibility, but you are also dren’s achievement. But more needs to much for his involvement. Hopefully going to be able to demonstrate en- be done. We must increase support for we will have an opportunity to con- hanced student achievement and paren- afterschool programs. sider that in the next day or so. That is tal involvement. Those are the two key In addition, children who have fallen certainly our hope because it is a mat- requirements. behind in their school work need oppor- The improvements so far are grati- ter of enormous importance. tunities to catch up, to meet legiti- Mr. DODD. I thank the Senator. fying, but there is no cause for compla- mate requirements for graduation, to Mr. JEFFORDS addressed the Chair. cency. Clearly, more needs to be done. master basic skills, and to meet high The PRESIDING OFFICER. The Sen- We must build on these successes to en- standards of achievement. A high ator from Vermont is recognized. sure that all children have the best school diploma should mean some- Mr. JEFFORDS. First, Mr. President, possible education. Increasing flexi- thing—it must be more than a certifi- I want to thank the Senator from Mas- bility without accountability will stop cate of attendance. It should be a cer- sachusetts. We have been working with progress in its tracks. But just increas- tificate of achievement. High-quality him on the questions of accountability. ing flexibility with accountability afterschool and summer school aca- I am hopeful that we will reach agree- won’t do the job either. demic improvement activities should ment on an amendment, which he may We must provide more support for be available to every child in every propose, so that we will not have issues programs like Title I to make these op- community in America. in that regard. I point out that the sub- portunities available to all children. Finally, we must do more to see that stitute amendment which I offered We must do a better job of supporting every child in every community is today includes many improvements the States and local communities in learning in safe and modern facilities. with respect to accountability over the their efforts to hire and train teachers. Across the country, 14 million children bill that we passed last year out of The National Assessment of Title I in one-third of the Nation’s schools are committee 17–1. found that too many students in too learning in substandard buildings. Half I will run through, very briefly, the many Title I schools—particularly of the schools have at least one unsat- areas where we have already improved those with high concentrations of low- isfactory environmental condition. It the accountability and are still at- income children—are being taught by will take an estimated $100 billion to tempting to reach agreement with the unqualified teachers. repair the existing facilities. minority. The teacher shortage forced many Too many children are struggling to First, the substitute amendment I of- school districts to hire uncertified learn in overcrowded schools. This fered strengthens the accountability teachers, and asked certified teachers year, K through 12 enrollment reached features already included in S. 280. It to teach outside their areas of exper- an all-time high and will continue to adds State application requirements tise. Each year, more than 50,000 under- grow over the next 7 years. Commu- relating to the coordination of the prepared teachers enter the classroom. nities will need to build new public Education Flexibility plan with the One in four new teachers does not fully schools. State comprehensive reform plan, or meet State certification requirements. The agenda is broad, but the need is with the challenging standards and as- Twelve percent of new teachers have great. We are on the right track. There sessment provisions of title I of the had no teacher training at all. Stu- is no need to make a u-turn on edu- ESEA. dents in inner city schools have only a cation. We are making progress. We This Managers Package adds empha- 50 percent chance of being taught by a need to build on these successes and do sis that student performance is an ob- qualified science or math teacher. In what we can to meet the pressing needs jective of Ed-Flex. It adds provisions Massachusetts, 30 percent of teachers of schools across the Nation, so that we regarding annual performance reviews, in high-poverty schools do not even can meet the high standards of by the State, of local educational agen- have a minor degree in their field. achievement. When it comes to edu- cies and schools which have received

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2187 waivers, and reemphasizes the author- ducing class size with their Ed-Flex be in compliance with title I. If it is ity of the State to determine waivers if waiver. They were able to lower the not in compliance with title I, it isn’t LEAs or schools are not meeting their student-teacher ratio from 25-to-1 to going to get a waiver. If at any point it goals. It also adds provisions of public 12-to-1. has been given a waiver and it is not in notice and comment, and provisions re- As we go forward with efforts to try compliance with title I, the Secretary quiring additional reporting by the sec- to get additional funding that we need has the authority to come forward and retary regarding his rationale for ap- to reduce class size in America, which revoke it. proving waiver authority and the use we know is so critical in improving So the accountability provisions of that authority. We will continue to student performance, let us not pass up have been especially important to the work and, hopefully, we can reach the opportunities to use the Ed-Flex sponsors of this legislation. And this agreement so that we will not lengthen program to make it possible with exist- idea that somehow Ed-Flex has relaxed the time necessary for passing this im- ing dollars to reduce class size in the standard is simply not true on the portant legislation. America. basis of the clear language of the bill. Mr. President, I yield the floor. Third, Mr. President and colleagues, These requirements are kept in place. Mr. WYDEN addressed the Chair. there have been questions raised about We have added six requirements for ac- The PRESIDING OFFICER. The Sen- whether the dollars are going to get to countability since the legislation came ator from Oregon. the neediest children, and particularly out of committee. Mr. WYDEN. Mr. President, the dis- with respect to title I, which is one of I would like to wrap up by giving the tinguished Senator from Massachusetts the seven programs that are eligible for U.S. Senate an example of how I got has given, in my view, a very impor- Ed-Flex but certainly is an especially into this issue, because I think it is im- tant address to the U.S. Senate. I want important program to all of us. portant to get beyond some of the rhe- to take a few minutes and try to re- What we have done—and we have torical arguments about this legisla- spond to a number of points. The Sen- outlined it here—is we have kept in tion and talk about real people, real ator has made a number of points that place every single one of the core re- people who benefit, especially the low- I certainly agree with as a Democratic quirements with respect to title I pro- income kids of our country. We have a high school about an hour sponsor of this legislation, along with tecting our neediest kids. It is off the from my hometown in Portland. They the Republican sponsor, Senator FRIST. table, folks, in terms of waiving any of wanted poor kids to get help with ad- But there are a number of areas where those core requirements. You can’t do vanced computing. The problem was I think the record indicates that we it; it is off the table. And although it is that the school didn’t have the instruc- ought to take another look. hard for Members of the U.S. Senate to tors who could teach advanced com- For example, the distinguished Sen- see these charts, we specifically out- puting and they didn’t have the equip- ator from Massachusetts has said that, line the requirements that cannot be ment. So under current law, those in some way, the States are being free waived. youngsters, low-income youngsters, riders here, that they are asking the In addition, with respect to title I—I wouldn’t have had the opportunity to Federal Government to waive various think there is some confusion perhaps pick up those skills to put them on the regulations, but the States are some- at this point with respect to how the how not willing to do that. As our col- path to high-skill, high-wage jobs. Ed-Flex funds can be used—under cur- But in this rural district an hour leagues will see on page 6, line 7, it is rent law, you can only put those dol- from my home town is a community specifically required that the States lars into low-income school districts. college just a short distance away that are willing to do some heavy lifting That is the only place they can go. We would make it possible, with instruc- and also be part of this effort to show keep that requirement. So today, and tors and equipment, for those poor kids that they are going to try to ratchet under this Ed-Flex legislation that is to get help with advanced computing. out of their systems some of the foolish before the U.S. Senate, it is not pos- So instead of students who couldn’t get bureaucracy. This ought to be a two- sible to flex any dollars away from a what they needed without additional way street and I think the distin- program to help low-income youngsters funds, without additional redtape and guished Senator from Massachusetts is and send them packing to another dis- bureaucracy, what this town did in absolutely right in insisting on that. trict that will not need them as much. rural Oregon was simply say we are What is thus required today, the legis- I would like to spend a little bit more going to use the dollars that we aren’t lation spells out on page 6, line 7, that time on this question of account- equipped for at the local high school to the States are not going to be able to ability, because this is an area where make sure that the kids get advanced be free riders. They are going to have the sponsors of the legislation have computing at a community college just to waive some of these mindless regula- been very open to trying to address the a short distance away. tions as well. I think that is an impor- concerns of those who have begun to That is what Ed-Flex is all about— tant point for the U.S. Senate to con- look at this program and may not have taking this regulatory straitjacket off sider as we go forward. been familiar with it in the past. some of the thousands and thousands Now, another area that has been But I want to say that we have made of school districts across the country. raised is this question of smaller class six changes in the legislation since it They can’t use the money for pork bar- size. I think the Senator from Massa- came out of the Senate Labor Com- rel projects. They can’t use it to waive chusetts again is absolutely right in mittee last year by a 17 to 1 margin. In standards. They have to comply with saying that we do need additional addition to the public notice and op- accountability. But they can teach ad- funds to reduce class size in America. I portunities for citizen comments that vanced computing to poor kids. That is have, on several occasions, voted for the distinguished chairman of the com- why it is going to make a difference just those kinds of measures to provide mittee, Senator JEFFORDS, touched on, when we extend this to 50 States. additional funds to reduce class size. there are requirements for specific I am looking forward to working But I think it is important to note that measurable goals, which include stu- with our friend and distinguished col- Ed-Flex, now in 12 States, is helping us dent performance, which Senator KEN- league, Senator KENNEDY, who knows to reduce class size using existing law. NEDY is right to focus on. There are re- so much about this issue, on his The Senator from Massachusetts is ports that would be required for the amendment with respect to the correct; we do need additional funds to Congress every 2 years on how the Ed- achievement standards. My under- reduce class size, but let us not pass up Flex States are doing. standing is we are getting fairly close the opportunity to use existing law, ex- And then I am especially pleased that on that. I want to make sure, in par- isting Ed-Flex opportunities to reduce we have required now that a State re- ticular, that we can incorporate what class size. For our colleagues who view a State content and performance the schools call the student perform- would like to have a good example of standard twice: First when it is decided ance standards, so it includes some of how Ed-Flex helps to reduce class size, that the State is eligible to partici- the things like dropout rates and issues we can turn to the Phelps Luck ele- pate, and again when deciding whether like that in addition to the tougher mentary school in Howard County, MD. or not to grant approval for the waiver. test scores. But I think Senator JEF- There they put a special priority on re- This makes it clear that a State must FORDS spoke for all of us a minute or so

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2188 CONGRESSIONAL RECORD — SENATE March 3, 1999 ago where I think we are getting close, So I think this is an important de- take special strides to try to develop and I want Senator KENNEDY to know bate. I said earlier most Americans ways to involve parents in the process. that we are going to go forward in good have no idea what Ed-Flex is all about. This might be one of the most difficult faith and try to work that amendment I bet a lot of people at this point think issues we face, one of the most chal- out. Ed-Flex is a guy who is teaching aero- lenging issues we face, but, ultimately, Finally, the last point I want to bics at the local health club. We are if we get it right, could be the lever make deals with the parental involve- going to have to spend some time talk- that moves significant reform and in a ment issue. We keep in place all re- ing about this issue to show why it is way which we all can afford, because I quirements for parental involvement— actually beneficial in the real world in don’t think there is any person in this all of it. But it seems to me, Mr. Presi- terms of serving poor kids and meeting body who would say that we can do less dent, and colleagues, that if we are the needs of the communities. I think than improve the involvement of par- talking about the best way to get folks we can do that. ents in the education of their children. involved in a convenient, accessible Mr. President, I yield the floor. The Ed-Flex bill provides flexibility kind of way, it is to have these Ed-Flex Mr. REED addressed the Chair. to States. But, as I have stressed be- programs that empower local commu- The PRESIDING OFFICER. The Sen- fore, flexibility must be a carrot for nities to set up opportunities for folks ator from Rhode Island. and matched up with accountability. to participate. Mr. REED. I thank the Chair. It is, One aspect of this—and the debate is I know that people in rural areas who indeed, invigorating and encouraging ongoing now in discussions—and I are 3,000 miles away from Washington, to be in the Chamber today to talk again commend the sponsors for their DC, find it a lot harder to come to one about education, talking about an in- willingness to talk and to discuss and of the useful hearings and forums that novative proposal to try to reform edu- negotiate these amendments, these are held by the distinguished Senator cation and also being able to have a proposed amendments—I think we have from Massachusetts. I can get to them. principled debate about increasing the to be very clear what we are trying to I find them very, very useful. But I can accountability that should be inherent use the flexibility to achieve. tell you that folks in rural Oregon in this proposal because the issue of In my view, we are trying to improve would much rather be empowered to flexibility alone without account- student performance. Our focal point participate at the local level than to ability could lead simply to sending should be improved student perform- try to say we are going to in some way funds to States without proper con- ance, and this legislation should reflect skew more of the parental involvement trols. And so I believe we will have to that overriding focal point. It is one back to Washington, DC. emphasize in this debate and ulti- thing to provide relief from forms of At the end of the day, what Ed-Flex mately in this legislation account- regulation to make the life of a prin- is all about is a third path with respect ability as well as flexibility. cipal a little easier, the life of school to Federal-State relations. We now I have been working on these issues committee people a little easier, and have two camps on this issue. There is since my time in the other body on the maybe free up a few extra dollars along one camp that says only the Federal Education and Labor Committee and the way, but if that does not result in Government has the answer, that those here on the Labor and Human Re- improved student achievement, then folks at the local level can’t chew gum sources Committee, and I have always we have missed the boat, we have and walk at the same time, do not tried to stress the notion of account- missed the point. That should be our trust them, and run these programs at ability because, sadly, there are too overarching goal, and I believe the the Federal level. Then there are a many children in this country today amendment Senator KENNEDY and I are group of people 180 degrees the other who are not receiving quality edu- proposing is a key to that, and I hope way. They say that everything the cation, particularly in rural areas and we are making progress to come to a Federal Government touches turns into in central cities. And if we simply principled reconciliation. Mr. KENNEDY. Will the Senator toxic waste, just give us all the money transfer funds without some meaning- ful accountability, I think we will con- yield? at the local level, and we can’t possibly Mr. REED. I am happy to yield. do any worse with those dollars than tinue to promulgate that disadvantage Mr. KENNEDY. I want to say how the Federal Government does. and continue to do disservice to those much I agree with the Senator from What Ed-Flex is all about—and in Or- children. Rhode Island. Student achievement is egon, particularly with Senator Hat- I would prefer, frankly, to look at all measured by the individual State’s pro- field’s leadership, we have done it in these issues in the context of the reau- gram. I think it is important that we health, in welfare, with the environ- thorization of the Elementary and Sec- underline that student achievement is ment—what we have said is that Ed- ondary Education Act, because how- measured by what is happening in the Flex is a third path. And we have told ever innovative this approach is today States, not by some Federal standard. the Federal Government, in areas with Ed-Flex, it is in my view a nod to- That is all we are asking. The State es- where we have received waivers, that ward reform, a genuflection toward re- tablishes its criteria, and all we are we will meet all the requirements of form, but it is not the comprehensive saying is if you are going to get the ad- the Federal laws, all of them, and the reform, frankly, that we should be en- ditional flexibility and you are going Federal Government can hold us ac- couraging because that comprehensive to get the resources, that at some place countable; but in return for that com- reform requires improvement in teach- someone ought to know whether the mitment to comply with all of the Fed- er quality, the repair and moderniza- students are achieving and making eral laws, give us in Oregon the chance tion of schools, reduction in class size, progress. to tailor the approaches that we are strengthening parental involvement, Mr. REED. I think that is precisely using to meet the individual needs of equipping our libraries with the mod- correct. We are not talking about a na- our community. ern technology and the modern media, tional standard, a national level of I feel very strongly that poor kids which is so necessary. And those are achievement. We are talking about let- need the funds that are available under the hallmarks of real reform, and those ting the States propose their levels of title I. I will fight as hard as any Mem- we will encounter in a comprehensive achievement and then measuring how ber of the Senate to make sure that and systematic way in the reauthoriza- well this flexibility leads to the accom- there is no compromise there. But I do tion of the Elementary and Secondary plishment of their goals. think that in coming up with ap- Act. But if we are to deal with and Mr. KENNEDY. This is really all we proaches to best meet the needs of kids move forward on the issue of flexi- are saying. We are taking Federal re- at the local level with respect to title bility, we have to do it right, and we sources—resources that will go into the I, what works in rural Oregon is going have to do it with respect to account- States and to the local communities— to be different than what works in the ability. and communities are going to use these Bronx, and the opportunity to get away I want to emphasize one other point resources in ways that are going to be from that one-size-fits-all approach in terms of this comprehensive ap- consistent with the overall purpose, while holding communities account- proach to education reform. I hope that which is targeting the needy children, able is what Ed-Flex is all about. in this year’s reauthorization we would and, over 5 years at least, there will be

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2189 some progress in student achievement onstration States confirming that every child in this country access to an according to what the State has estab- what they have done with Ed-Flex has excellent education. Indeed, we hope to lished. led to improvement in student per- guarantee every child in this country Would the Senator agree with me formance or just overall improvement access to an excellent education. that an example which incorporates in the educational process. The GAO With that, I yield the floor. what we are intending to do is in the has looked at this issue. Their report The PRESIDING OFFICER. The Sen- State of Texas, which has set numer- certainly raises as many questions as ator from Maine. ical criteria that are closely tied to it answers with respect to this issue as Ms. COLLINS. Mr. President, I am both schools and districts, and the spe- to whether Ed-Flex is working in those pleased to be an original cosponsor of cific students affected by the waiver? 12 States that already have the flexi- the Education Flexibility Partnership Texas expects all districts that receive bility to do what we are proposing to Act. This legislation will help States waivers under Title I to make annual do legislatively here. and local schools to pursue innovative gains on test scores so that in 5 years The other thing I suggest, too, is it is efforts to improve K–12 education. I 90 percent of all the students will pass a concern—and it is a concern that was commend my colleagues, Senator State assessment tests in reading and expressed by my colleague from Or- FRIST and Senator WYDEN, for bringing mathematics. Texas districts must egon—about whether this may endan- forth this legislation. Senator WYDEN make annual gains so at the end of the ger funding for the neediest students. I has very effectively demolished the same 5 years, 90 percent of African don’t think there is anyone in this myths about this legislation. The fact American students, 90 percent of His- body, again, who would encourage such is, the goal of this legislation is to im- panic students, 90 percent of white stu- a development. We recognize, particu- prove—to improve the education that dents, 90 percent of economically dis- larly through title I, that these scarce we are providing to kids all over this advantaged students will pass these Federal dollars are going into commu- country. It is that simple. The legisla- tests. Now, there is something specific. nities that need them desperately and, tion would accomplish that goal by ex- The State establishes the criteria. in many cases over the decades of this tending educational flexibility to all 50 They say we want the flexibility to be program, have provided a significant States. The public schools in this country able to do it, and we say fine. What we makeup for local funds that are not have made an immeasurable contribu- have found out is that they have made adequate to the purpose. But what we are concerned about— tion to the success of our society and great academic achievement and our Nation. We need to assure that fu- and it is a concern that, again, I hope progress for those students. ture generations of Americans receive We have another State of the 12 that is worked out through the process of the same excellent public education says on their waiver, ‘‘We want a com- this debate and amendments—is that that many of us were so fortunate to mitment to the identification and im- unwittingly we might undo some of receive while we were growing up. Un- plementation of programs that will that emphasis and effort. Again, I fortunately, as the Federal Govern- would not argue it is the purpose of create an environment in which all stu- ment has imposed an alarming number anyone who has proposed this legisla- dents achieve academic potential.’’ of well-intended regulations on our tion, but we must be careful because, They got the waiver, they got the re- public schools, we have seen a decline again, we are looking at the most vul- sources, and it will be a bold Secretary in the overall achievements of our stu- of Education that is going to terminate nerable population in this country in dents in our public school systems. or take that away. terms of education. We are looking at a I am very proud of the progress that What we are trying to say is, as population that desperately needs the Maine schools have made in improving Texas has done right from the very be- support and assistance of every level of the performance of our students ginning, it has got to be very specific. government. through a challenging curriculum. For The State establishes their criteria and There is another aspect I would like example, Maine students rank highly they have proposed measurable ways of to conclude with, and that is the par- in the National Assessment of Edu- evaluating whether those students are ticipation of parents in this process. I cation Progress tests. This achieve- going to achieve. And they have met mentioned initially, I believe one of ment reflects the efforts of the Maine all their goals so far. Why do we have the great challenges we have this year Department of Education, our teach- to spend so much time in this Chamber in our reauthorization of the Elemen- ers, our principals, our school boards, saying that makes a good deal of tary and Secondary Education Act is our State’s elementary and secondary sense? We know it is something that is finding ways to encourage more sub- schools, and the University of Maine, working. Why don’t we try to accept stantive, meaningful parental involve- to design and use challenging statewide it? That is all we are looking for—for ment. In the context of this legislation, learning results. the words ‘‘student achievement’’ to be along with my colleagues, I will pro- The NAEP test results show that the included in the criteria. pose an amendment that would allow efforts in Maine are in fact succeeding. I thank the Chair. for greater parental involvement, allow They show that our K–12 education sys- Mr. REED. I thank the Senator for for parental input that would be avail- tem can produce high-achieving stu- his excellent comments. able for public review and would be in- dents when the standards, curriculum, I believe Texas is a great example of cluded in state or local waiver applica- and expectations are supported and de- what we can do if we give flexibility tions. signed by those closest to our schools. and demand accountability. As the We are not trying to hamstring local The process that the State of Maine Senator from Massachusetts empha- authorities. Last year I had an amend- used was a burdensome one. It required sized, this accountability is with re- ment similar to this that had a 30-day seeking individual waivers from the spect to their own standards, but it is public notice and comment require- Federal Department of Education. It measurable, it is objective, and it has ment. That is not in this amendment. was a lengthy process. It was one that resulted in great success in the State We are just suggesting, though, if we involved a great deal of bureaucratic of Texas. In fact, I suggest most of the mean that we want to have parents in- delay. It is that kind of process that proponents of this legislation point to volved, this is not only a symbolic but would be changed by this legislation. Texas as the example of what Ed-Flex a very real and meaningful way to get The fact is, Maine and the rest of our can be and should be. As the Senator that involvement—to encourage them Nation still have a long way to go to from Massachusetts pointed out, part to submit comments, to have those improve the education of our students. and parcel of that is not just the flexi- comments publicly available, and then America holds dear the tradition of bility, it is rigorous accountability. I have those comments submitted with State and local control of education. hope we can incorporate that notion in the application. The basic responsibility for improving this legislation. Again, I am extremely encouraged student achievement lies with the I think it is also important to recog- that we are talking about educational States, not the Federal Government. nize, too, that as we debate this Ed- reform. We are working together to Indeed, perhaps a better name for this Flex bill, we have yet to have the de- come up with innovative ways to do legislation would be ‘‘The Return to finitive results from many of the dem- what we all want to do, which is to give Local Control Education Act.’’

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2190 CONGRESSIONAL RECORD — SENATE March 3, 1999 I believe that all of us, in all of our would also like to clarify that I don’t accomplish the goal it is designed to States, are trying to meet the chal- think Senator KENNEDY deliberately meet: helping more students learn bet- lenge of greater student achievement. gave me his cold from the hearing yes- ter. But our State administrators need help terday so I would be less effective in In Nebraska we have 604 public from the Federal Government. They do debating him today, despite the rumor school districts. They range in size not need more dictates. They do not to the contrary. from the small rural districts such as need more regulation. The Ed-Flex bill With that, I yield the floor. provides some of that help by reducing Several Senators addressed the Tryon—which has just over 100 stu- Federal intrusion into the local control Chair. dents, kindergarten through 12th of schools. The PRESIDING OFFICER. The Sen- grade—and Omaha, which has approxi- How will this legislation help? Let’s ator from Nebraska. mately 45,000 students. look at the role of the Federal Govern- Mr. KERREY. Mr. President, does the A couple of weeks ago I was visited ment. Over the last 30 years, the Fed- manager of the bill want to say some- by Bob Ridenour, principal of North eral Government has layered new pro- thing? Ward and West Ward Elementary Mr. KENNEDY. I just wanted to give grams on top of old ones that them- Schools in McCook, Nebraska. In re- the assurance to—if you will yield 15 selves are not meeting their goals. This sponse to the question, What do you seconds—to the Senator from Maine, as has been done with a blind commit- need to do a better job of educating ment to the belief that yet another far as I am concerned, she is always ef- fective, whether it is that clear voice your kids?’’ his answer was simple: program devised in Washington will More money and the flexibility to help somehow reverse the decline in edu- that comes out from the northeast part the kids at the lowest end of the eco- cational achievement. of the country, we always listen and We spend over $10 billion a year to take great care what she says. nomic scale in the best way possible. support elementary and secondary edu- Ms. COLLINS. I thank the Senator. But Ed-Flex is not just about flexi- cation. This Federal money is spent Mr. JEFFORDS. Mr. President, I ask, bility. It’s also about better coordina- through so many different programs with the concurrence of the Senator tion. It allows for better coordination that we can’t even get an accurate from Connecticut, that the Senator between the variety of local, state, and count of how many there are. The Gen- from Wyoming be recognized for a pe- Federal education programs available eral Accounting Office and the Con- riod of not more than 5 minutes in to schools. gressional Research Service estimates morning business. All of the principals in Nebraska range from 550 to 750 separate Federal The PRESIDING OFFICER. The Sen- would agree that the Federal education education programs. Each of these pro- ator from Nebraska has the floor. dollars they receive are vital to well- grams comes with its own objectives, Mr. KERREY. Mr. President, I yield statutory requirements, and adminis- to the Senator from Vermont for his being and success of the school chil- trative regulations. Collectively, they request. dren within that district. But different create a huge administrative burden on The PRESIDING OFFICER. Without districts have different needs. And in local schools. Indeed, while the Federal objection, it is so ordered. some instances, different districts may Government funds only 7 percent of our Mr. JEFFORDS. Mr. President, I ask need to take slightly different paths to public education system, it is respon- that the Senator from Wyoming be al- reach the common goal that all dis- sible for 50 percent of the schools’ pa- lowed to proceed as in morning busi- tricts share: Making sure that all stu- perwork. ness for 5 minutes. dents have the reading, math, and so- By passing the Education Flexibility The PRESIDING OFFICER (Mr. cial skills to succeed once they leave Act, we will allow States and local CRAPO). The Senator from Wyoming. the schoolhouse door. school districts the flexibility they (The remarks of Mr. THOMAS per- taining to the introduction of S. 516 are Right now, 12 States have Ed-Flex. need to pursue creative and innovative And the feedback we have shows that approaches in using Federal funds. And located in today’s RECORD under ‘‘Statements on Introduced Bills and they are using it responsibly and that the Federal dollars that they do re- it is showing good results. Texas has ceive will become a genuine force for Joint Resolutions.’’) Mr. THOMAS. Mr. President, I thank implemented Ed-Flex more extensively education improvement. Even more than any other state in the nation. important, the bill will afford States the chairman once again for the time, and communities the flexibility that and I yield the floor. Achievement scores in Texas reveal Mr. KERREY. Mr. President, I rise in they need to craft local solutions. In- that districts with waivers out- support of the Ed-Flex bill introduced stead of struggling to make programs performed districts without waivers in by Senators FRIST and WYDEN. I believe designed in Washington fit local needs, both reading and math. And the gains it is a responsible way to help our na- States and localities will have the free- for African American students were tion’s educators meet the challenges dom to make the changes that they even greater. that we face in preparing our nation’s know are needed in each individual And Ed-Flex has allowed States like school. young people for the 21st century. Ed-Flex gives states the authority to Massachusetts to assure continuity of Because, as the Senator from Oregon service to schools that were eligible for put it very well, the schools in an grant waivers of certain Federal re- quirements to local school districts if title I funding one year, ineligible the urban environment may be very dif- next year, but expect to be eligible in ferent in their needs from a school in a such a waiver will help that school dis- trict better meet the needs of its stu- the following year. In the grand rural community. scheme of things, this is a minor waiv- The Ed-Flex Act addresses the need dents. But in exchange for this flexi- for change within our public schools. It bility, the local school district must er. But to a child in that school, the as- will provide a way for State and local show results. If the district does not sistance provided through title I dol- education agencies to be freed from the show results, the waiver is revoked. lars makes a major difference. multitude of Federal statutes and regu- Ed-Flex gives school districts flexi- Now let me be clear. Ed-Flex is a lations that prevent them from break- bility, but it also demands account- sound way to give local districts the ing out of the Federal education mold ability—and we should discuss how to flexibility they need to do a good job of and creating their own exciting pro- make the accountability measures educating students. But it’s only one grams. Expanding the opportunity for even stronger. part of a complex puzzle. In addition, under Ed-Flex states are Ed-Flex to every State gives our school Schools also need resources. They boards, teachers, parents, and State of- limited in the kinds of requirements they are authorized to waive. They need to have the funds to hire and ficials the opportunity to experiment train qualified teachers. They need to and innovate, to chart a new path for cannot waive health and safety re- have the ability to reduce class sizes in better schools, and to provide Congress quirements or civil rights require- the lower grades. They need to be able with the information it needs to help ments. And they cannot deny districts to provide students with real class- promote rather than hinder edu- the funds they would ordinarily receive rooms in well-equipped buildings. cational improvement. under these Federal programs. Fur- In closing, I urge my colleagues to thermore, districts must prove that the And schools need to be able to pro- vote in favor of this legislation. I waiver they receive truly helps them vide challenging afterschool programs

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2191 so that students can work on their In one particular class students work I know the Senator from Connecticut math, science, reading, and technology together all year long to build an ac- has a bill dealing with child care. To skills between the hours of 3:00 and 6:00 tual house. Every part of the house, me, child care and education are al- in the afternoon. with the exception of the foundation, is most interchangeable. It is difficult to Last summer we helped US West built by the students. Then, at the end tell one from the other. A full third of form a partnership with Project of the year, they actually sell the my high school students in Nebraska Banneker, a program that is helping house, taking pride in the fact that go immediately from high school into raise the math and science achieve- they have created a product that has the workforce, and there is an increas- ment levels in Omaha Public Schools. tangible value to their community. ing amount of concern at the rural Not only did students and teachers Mr. President, I believe we need to level and at the community level for benefit from the hands-on technology increase opportunities for these stu- the skills of these young people. If you skills training, but US West benefited dents. I support the Ed-Flex bill be- do not start it early, it is impossible because they played a role in training cause I believe that if it is used wisely for us to close that skills gap. In my prospective employees. We are looking it can help schools accomplish impor- judgment, with the pace of our econ- forward to another productive summer tant goals in educating students. But I omy and the speed with which things with US West as we work to expand the want to make clear that it’s just the are changing, there is a real urgency to partnership. tip of the iceberg. We also need to in- get out there with flexibility, which The Federal government can’t do it crease our investment in these stu- this bill does. I hope we will have the all—and the Federal government dents so that all students have a shot opportunity to provide some additional should not do it all. But we should be at the American Dream. resources so we can make sure that, a helpful partner in the effort to im- Mr. President, just briefly, I thank with confidence, we are saying we are prove our nation’s schools. The Federal both the Senator from Vermont and doing all we can to make sure that our contribution to K–12 education is rel- the Senator from Massachusetts for young people, when they graduate from atively small—less than 10 percent. their leadership on this as well. I want high school, are prepared and have the That is why it’s important that we to try to briefly declare why I like this skills that they are going to need in a make sure our investments in edu- bill and what I think needs to be done cation are wise ones, that they com- very competitive world economy. in addition to it. Mr. President, I thank the manager plement efforts at the state and local I had a recent conversation with one of the bill, and I yield the floor. levels, and that the investments yield of the 604 school superintendents in Ne- The PRESIDING OFFICER. The Sen- results. braska. Those schools are as small as ator from Connecticut. We need to make sure that the most 100 students, ranging all the way up to Mr. DODD. Mr. President, I won’t disadvantaged students have the assist- 46,000 students, with a lot of variation take a great deal of time. Senator KEN- ance and resources that they need to in between. I talked to a super- NEDY, Senator JEFFORDS, Senator succeed in school. We need to continue intendent in one of the rural school FRIST, Senator WYDEN and others have to invest in title I, and also figure out districts—in my State there is more talked about many of the specifics of how to make it stronger. Nebraska re- poverty in the rural areas than is in the bill before us—the Education Flexi- ceived $31 million year in title I funds the urban areas among children—and bility Partnership Act. I just want to last year. School districts use those asked what he wanted. He said, imme- take a few minutes to thank my col- funds in a variety of ways. We need to diately, ‘‘I need, in some cases, more leagues for all their work on this bill. give districts the flexibility to educate flexibility to implement programs. I do I am very pleased that one of the those students using the best methods not want any waivers from civil rights first legislative matters we are taking available, but we also must demand ac- requirements, no waivers from health up this year is education. This is about countability. or safety. But sometimes with a Fed- I believe that the most important as significant an issue in the minds of way in which the Federal Government eral program, the State won’t allow me most Americans as any. There are a lot can be a helpful partner is by making to do what would reasonably accom- of other questions which are very im- sure that when a young person finishes plish the objective of what the Feds portant, but none that I think domi- twelfth grade he or she has the skills want.’’ This bill allows it. He said, ‘‘In nates the concerns of Americans re- to get a decent job. It may take a cou- fact, I would like to be held to even gardless of geography or economic cir- ple of years at a community college to higher standards of accountability. I cumstance as education, particularly fine-tune those skills, but the point is want you all to hold me accountable to elementary and secondary education. that only 60% of high school graduates make certain that we are getting the Later this year, we will take up the nationwide go on to college, and by the job done.’’ This bill does that. It pro- Elementary and Secondary Education time they are 25 years old, only about vides both flexibility and measures for Act reauthorization, which contains 25% have a college degree. increased accountability, which is pre- the major federal programs to assist Now we need to do more to make cisely what we need. our schools. This bill requires reau- higher education more affordable, and I want to point out as well, Mr. thorization every 5 years. And this we just passed a Higher Education Act President, that he went on to say that year is the year that we must reauthor- that makes significant steps toward the greatest challenge is not only flexi- ize that basic fundamental piece of leg- that goal. But we also have to make bility, but increased resources for islation that deals with the elementary sure that those who do not pursue a those children of lower income working and secondary education needs of postsecondary degree have the skills to families in both rural and urban envi- America. So we will have a chance, I make a good living. ronments. He said, ‘‘If you are insist- suspect, even then to review some of That’s why I believe strongly in the ent upon making certain that we have the issues that concern people. I had value of vocational education. Two trade policies that are open, and if you hoped that we could consider this ini- weeks ago I visited the vocational edu- want to keep the restrictions on busi- tiative on Ed Flex as part of that larg- cation program at Grand Island High ness to a minimum so entrepreneurs er bill given its relationship to those School, in Grand Island, Nebraska. In can grow, what we are going to have to programs; however, I am still hopeful the vocational education program at do is aggressively increase the skills of that we can include the review of this Grand Island High, students are receiv- people that leave high school and go program in our work on the Health, ing hands-on education that will trans- right into the workforce.’’ The only Education, Labor and Pensions Com- late into real jobs. Grand Island has way to get that done is to start very mittee. formed a partnership with area manu- early. And I hope that in this bill, Mr. Today, as we gather here, in many facturers, and the manufacturers know President, that we will have an oppor- parts of the country students are still that it’s a good deal for them. They tunity to put some amendments on it in school. Fifty-three million students, have said to Grand Island, You train that will give us some increased fund- more or less, went off to elementary or the students, and there will be a job ing for lowering class size, that will secondary schools this morning, from waiting for them when they get out of allow us to do some afterschool pro- Hawaii to Maine. Of the 53 million, 48 school.’’ grams. million are in public schools and about

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2192 CONGRESSIONAL RECORD — SENATE March 3, 1999 5 million are in private or parochial have 85 percent who do. But there is a the intents and purposes of the laws or schools across the country. The vast growing number, about 15 percent, who civil rights and other certain basic pro- majority, of course, attend our public are being asked to teach at the sec- tections. But the idea was for flexi- schools. And most attending our ondary school level in a curriculum bility in return for results. So we schools today are doing well and their that they have not received a signifi- passed overwhelmingly this demonstra- schools are good. cant formal education. tion program. I think too often we focus our atten- We see, as well, that 86 percent of 18- But it was for a demonstration pro- tion on the things that do not work. through 24-year-olds have a high school gram—a test. Well, the results are not Partly it is because that is our job. And diploma. That number, again, is get- in. That is one of the difficulties here. there are a lot of gaping holes in the ting better. But is still too high. And is It is not that anyone has studied this education reaching students across this way too high when one looks at some and said they are bad, they are just not country in the ability to learn and the of the sub-populations of students; over in. We do not really know. It may be opportunity to learn. But in many, a third of Hispanic Americans are drop- very good, or it may not—but raising many communities across this great ping out. This is the fastest growing the legitimate concerns about it is not country we find schools that are filled ethnic group in the United States and inappropriate. with learning and blessed with quali- one-third of them are dropping out of Texas is the only State, the only one, fied, motivated teachers, and enriched school. by the way, out of all 12 States, that with excellent resources from libraries At the end of the 20th century, Mr. has actually been giving us some de- to computers. President, we are going to have to do tails on how they are performing. Most In recent years, more and more better in all these indicators if we are others cannot produce, unfortunately, schools have joined these elite ranks. going to compete effectively. any results about student achievement More schools are enjoying the benefits So I am pleased we are turning our results they have achieved through of these wonderful technologies; more attention to education today. But let’s school reform and the Ed-Flex dem- schools have adopted strong and chal- not delude ourselves. The bill that we onstration program. lenging standards-based reform strate- are talking about here is not the an- The General Accounting Office, the gies; and more fine, well-educated peo- swer. I respect immensely the authors GAO, has reviewed Ed-Flex and found ple are entering the teaching ranks. of this legislation. I have a high regard little in the way to suggest that Ed- But our job, as I said a moment ago, for them and the motivations which Flex is making a difference. Now, it Mr. President, is not just to point out caused them to propose this legisla- may. Again, I find myself in a situation the things that are working well. If we tion, particularly my good friend from of hoping it does. I supported the dem- are to improve our schools, we must Oregon, who had a long and distin- onstration program not because I an- also focus on the problems and how to guished career in the other body, and ticipated it to fail, but I did it because encourage real solutions to these prob- who cares about young people and their I anticipated it to work. But I feel I lems. And that brings us to this bill. It educational needs, and our colleague have a sense of responsibility to the will bring us to the Elementary and from Tennessee, and others who are a people of my State—that it is their dol- Secondary Education Act as well. part of this legislation. But I want to lars, in a sense, that are going to this— Let me just share some statistics raise some of the concerns that some of that I can look them in the eye and say with my colleagues, briefly here, on us have about this bill and am hopeful why we are now going to pass legisla- the state of education in America. that we can work through some of tion permanently establishing this. The GAO estimates that one-third of these issues in the coming days. But if you ask me the question, ‘‘Do I all of the schools in the United States Six years ago, in 1993, we enacted the have the empirical evidence which are in need of basic repairs and renova- Ed-Flex Demonstration program in the draws the final conclusion that in fact tions. Two-thirds are in good shape. hopes that it would spur school reform this can work?’’ I have to say, no, not That is the good news. But still fully a in our states. It was a very tightly yet. third of them are in poor shape and in written program with just 6 states par- Now, maybe it will come in, but it is need of repairs and renovations. ticipating. We quickly expanded that not here yet. And so I hope my col- Just to give you one example, in my to 12, recognizing 6 States probably leagues understand that those of us home State of Connecticut, Mr. Presi- was not a good enough laboratory to who are raising these questions are dent, there was a study done on school get some decent results back to deter- doing so with a deep sense of optimism conditions in the city of Waterbury, mine whether or not this new waiver that this will work, but also a deep CT. I live in a very affluent State, but authority would prove to be worth- sense of concern that we do not have there are pockets of real poverty in while. the information yet to make these Connecticut. It is a dichotomy of afflu- Ed-Flex was a major departure in final conclusions. ence and poverty living in a relatively education policy. We were allowing, for While we don t know much about re- small piece of geography. Waterbury, the first time, officials to waive Fed- sults, we do know a little about how CT, has some very fine and affluent eral regulatory and statutory require- this authority is being used. Seven of neighborhoods. But like many of our ments. That is not a minor thing. I the participating 12 states have grant- cities, there are parts of it that are not mean, we are responsible to see to it ed 10 or fewer waivers. The vast major- doing as well economically. Last year, that the dollars, the Federal dollars ity of waivers requested are about loos- in Waterbury, they found that 500 fire that go to education, are going to be ening title I requirements for code violations occurred in our schools spent well and wisely. targetting the neediest students. But over the last five years—500 fire code Now, I don’t question that we can get generally, the finding suggests there is violations. heavyhanded, and too bureaucratic. We little being done with Ed-Flex that is Another statistic, nationwide, 53 per- are all painfully aware that can hap- not being done directly with the Sec- cent of 3- and 4-year-olds participated pen. But to allow state officials to retary with his own waiver authority. in preschool programs. waive statutory and regulatory re- We hear anecdotes from Governors Eight percent of second graders were quirements is a significant departure. about how it is promoting creativity detained in kindergarten or the first It is one thing to modify, to amend, to and spurring reform—but the evidence grade. Second Graders—it is hard to drop certain regulations, but to allow a we have on how it has been used really imagine why someone would be held complete waiver of statutory and regu- do not back this up in the most states. back at that level. One could maybe latory requirements was a dramatic de- But I have never had a Governor or see it later in the elementary grades, parture from our education policy. mayor yet that wouldn’t like to get all but by the second grade almost 10 per- We included protections in the law at statutory and regulatory requirements cent are being held back. the time. The Secretary would have to of the Federal Government eliminated; Nearly 15 percent of middle and high approve applications for this waiver that doesn’t come as a great shock. school teachers in the United States do authority. Only States with strong They would like us to write a check, not minor or major in the area of their standards-based reforms in place were give it to them, and get out of the way. main teaching assignment. Again, we eligible, and waivers could not override That is how Governors and mayors

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2193 think. I find it interesting that in cern among all Democrats and Repub- crease. Afterschool programs, putting States, when State legislatures or licans that parental involvement needs efforts into this, is something that we mayors ask Governors for similar waiv- to be expanded rather than contracted. think would make a great deal of dif- er authority, I usually find the Gov- The Reed amendment does not give ference. ernors are far more resistant to waiver parents or others veto power. That is I hope to offer an amendment on my authority at the local level than they not the point. It gives them the power own or with Senator BOXER or others are in asking us for it. It is where you to comment knowing their comments to deal with this issue. are in the food chain in terms of your will be considered, which is not too Mr. President, Ed-Flex may make a willingness to support waivers from much to ask. It says their comments difference in some States. Frankly, in regulation. should be available and included in the my view the jury is still out for the At any rate, we hear a lot of anec- application for waiver authority. reasons; I hope the jury comes back dotes from Governors and State edu- These are simple changes that broad- with good results and good reports on cation leaders about Ed-Flex changing ly improve the accountability of this this. We think the accountability the mentality of their systems and mo- bill. amendments will help here. tivating school improvement efforts. I We will also have the opportunity to But this legislation on its own is no am for this. I hope it works. But I consider several other important edu- substitute for what our schools need think we need to ensure that students cation initiatives—not to belittle the and what parents and students across are served by these changes. That is importance some have placed on this this country are demanding. I am hope- why we have the accountability Ed-Flex bill, but I have never had one ful that during these next several days amendments. parent or teacher or student raise it we can have a real discussion on edu- Senators KENNEDY, REED, and I will with me. cation and improve this bill with the offer two simple amendments that I be- I have heard from many concerned addition of some critical timely initia- lieve get to the core of improving ac- about class size, districts looking for tives. countability. These build on the reassurance that the full promise of I am happy to work with the chair- changes that we were pleased to see the 100,000 teachers will reach them. Class man of the committee and the ranking managers include the substitute bill size is a critical issue to families all member and move through these issues they offered earlier today. Our staffs across the country, whether in a rural in an orderly way. I thank both Sen- have been working together for weeks school in Idaho, or urban school in ators for their leadership. I commend to beef up the accountability in this Connecticut. Parents know that class my colleague from Tennessee and my bill. I believe we have made good size matters—how many teachers teach colleague from Oregon for their fine progress, but must do more. how many students, how well educated work on this amendment. The first amendment offered by Sen- they are, and are these buildings that I appreciate, again, the motivations ators KENNEDY, REED and me will en- these kids are supposed to be learning that have given rise to this legislation. sure that accountability is resulting in in, in good shape. We also hear a great I think we can make it a better bill and student achievement. Improving the deal about the readiness of children to add to it some of the elements that we performance of students is what this is learn when they enter school. We hear think will strengthen the educational all about. I am rather surprised we about aftershool. needs of all Americans by some of the have been forced to offer what we think My colleague from California, Sen- suggestions I have made here and that is a very common sense amendment, ator BOXER, has an interest in this. My others have made this afternoon. I rather than having it just agreed to colleagues from Vermont and Massa- yield the floor. and accepted. I understand we continue chusetts will recall last July when this The PRESIDING OFFICER. The Sen- to work on this and am hopeful that we specific bill was in committee, I offered ator from Vermont. will be able to resolve this without a an afterschool amendment to this pro- Mr. JEFFORDS. Mr. President, I’ll vote. posal—which I hope to be offering in use a few moments to take a look at The second amendment ensures in- this debate. My colleague from Cali- last year. What we are talking about volvement of one of the key players in fornia has an interest in this subject right now is where we ended last year school reforms, parents and the larger matter, as well. as far as passing bills on education. public. The Reed amendment ensures Eighteen years ago our former col- Let us take a look at what we did ac- that parents and other local leaders league from New Jersey, Senator Brad- complish during that period of time. can comment on applications for waiv- ley, and I did the initial legislation on This chart lists all of the bills which ers and that these comments are given afterschool programs in the dropout we passed out of our committee, al- consideration. legislation. Over the years I have been most all of them by unanimous or close Again, I would hope that parental in- deeply involved in trying to reduce this to unanimous votes. They all became volvement is one of the things all of us afterschool problem, of the difficulties law. They were very important. can agree on. In Head Start, we require that occur with the lack of afterschool First of all, we had the Individuals that parents be involved from volun- programs. This is an issue that many with Disabilities Education Act, for teering in classrooms to parent plan- people in this country would like to see which we had tremendous bipartisan ning boards, then make key decisions us do more about. agreement, and we took time to do it. about their community programs. We I think most of my colleagues are It came out and passed practically get about 80 percent parental involve- aware of this, but this chart points out unanimously by both the House and ment with Head Start programs. What when juveniles are most likely to com- Senate. That is what happens when we has been terribly disappointing to me mit violent crimes. The spike is around have good, bipartisan working to- is that by the first grade parental in- 2:30 or 3 o’clock. That is the peek time gether. volvement drops to about 20 percent. It of violent crimes among young people. The next one was the Emergency immediately drops, which is terribly The hours between 2:30 and 6:00 is when Student Loan Consolidation Act of disturbing because there is no better we see the largest percentage of violent 1997. We had some important problems way to increase a child’s performance juvenile crime. that came up with respect to student in education than to have a parent in- It is not uncommon for communities loans, but were able to take care of volved—visiting teachers, talking to to have curfews. Invariably the curfew them. This Act passed with a very sub- them, going to the schools, learning suggests some time after 9 or 10 o’clock stantial vote. what the child is supposed to be learn- at night. In fact, 9 o’clock or 10 o’clock Next, was the National Science Foun- ing, involved in school governance and at night is a relatively calm period of dation Authorization Act, which had reform. time. It is 2:30, 3 o’clock, 3:30, 4 not been reauthorized for many years. The requirement we would add would o’clock—when kids are home from An important component of the Na- ensure that interested parents could be school, but parents are not—which is tional Science Foundation is edu- engaged in this process. I hope our col- the critical time period. We are told by cation; we sometimes forget that. But leagues would be supportive of that chiefs of police and others that violent a tremendous amount of funding for since it fits in with the growing con- crime among young people is on the in- the important areas of education, in

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2194 CONGRESSIONAL RECORD — SENATE March 3, 1999 the areas of science, comes through will be models for what we can do in our schools. But then we found that the this bill, and that was accomplished. the public school system. It is an im- data we were using to determine Then we had a real step forward with portant step forward. whether or not there was any improve- the Work Force Investment Act of 1998, In addition, we had the Human Serv- ment was 1994 data, and here it was including the Rehabilitation Act ices Reauthorization Act of 1998. That 1998. Amendments. That bill has turned this is Head Start and other programs for So we have other improvements to country around in its attitude and abil- the very young, as well as for those in make, and one of those is account- ity to prepare people for the workforce. special low-income areas. It was the ability and to be able to measure what Not only that, but it recognized that first reauthorization of Head Start in is going on in our school system. The workforce training is nonstop at high many years. We came out with an ex- flexibility will help the States to be schools and colleges. Training goes on cellent bill, all working together, Re- able to really ascertain and work bet- and on and on. We now have the non- publicans and Democrats, and with the ter with their school systems to deter- traditional students of the past who White House. mine exactly what is going on, how to are actually outnumbering the so- Finally—and this is an important measure success. That is one of the called traditional students on the rec- act—is the Carl D. Perkins Vocational- reasons. So I am hopeful that that one ommendation that a person’s job is Technical Education Act Amendments. bill we were unable to get passed last going to change many times during a We had not been able to get that year in the area of education, which we lifetime. We had close to unanimous amended in many years. We did a thor- knew was appropriate and necessary—I agreement on the Workforce Invest- ough review of its application. We up- hope we can get it done quickly this ment Act of 1998. graded it and brought it into the mod- week. And for the first time in 5 years, we ern day situation. I yield the floor. did a thorough review of the Higher I am pleased to say that we almost Mr. FRIST addressed the Chair. Education Act, taking into consider- reached our goal on all the bills that The PRESIDING OFFICER. The Sen- ation the needs of the Nation. Again, we had. However, one bill didn’t make ator from Tennessee is recognized. with very hard work and long, long it, and it was this Ed-Flex bill. The Mr. FRIST. Mr. President, I will just hours, we were able to complete the reason it didn’t make it is not because take a few moments to expand upon a Higher Education Amendments. Also the Members did not agree with what couple of issues that have been raised included were the Education of the we had in the bill, but it was seen to be over the course of the morning and Deaf Act Amendments of 1998. The a vehicle on which perhaps many other early afternoon. One has to do with ac- Higher Education Amendments took a ideas and thoughts about how to countability and the other, parental in- close look at not only higher edu- change education could be amended to volvement. Both of these are very im- cation, but what higher education was it. portant issues as we proceed ahead in doing with respect to the teacher col- I hope that doesn’t occur this time. I addressing both the underlying bill and leges. We found we had serious prob- hope we don’t find ourselves in the po- the potential amendments that are lems with the teacher colleges and sition of not taking a bill which every- coming forward. things had to be changed. We also rec- body agrees is important. The Presi- The Ed-Flex bill itself, again, is a bill ognized that we had a huge problem dent has said that he favors it. He gave that expands a demonstration project, trying to get our teachers in schools strong words of support for it. The Gov- which has been very successful, from 12 the kind of retraining that is necessary ernors have unanimously agreed that States to 50 States. What it does is in order to bring them up to speed on they want it. I hope we will be able to simple. It allows schools and school the needs not only in the next century get this out in the next few days in districts the opportunity to obtain a but this century. This Act passed close order to be sure that we can give the waiver, and that waiver would allow to unanimously. flexibility to the States that they need. them to accomplish very specific goals The work being done now in profes- My State has had it. It has worked as set out in programs but free of the sional development—we eliminated all very well. It is not a huge success in redtape and excessive, burdensome reg- the bills on professional development the sense that it is going to change ulations, and it also allows them to say in there. They were useless. We have that much that goes on, but it makes it we are going to meet those goals and now created a very firm foundation for easier for States to coordinate things. objectives and be held accountable for professional development in higher You have situations—at least in our those in very strict ways that identify education institutions to assist us in State—where school districts are very our particular needs. Schools have dif- our K-through-12 education. close to the 50 percent or the 125 per- ferent needs; a particular school might The Reading Excellence Act was cent thresholds for poverty. If you need access to computers and another unanimous here. In close cooperation don’t quite make it, it fouls everything might need to have a pre-kindergarten with the President, we came out with up. With the flexibility we have had in program. Another school might need to that act, and it is in law and already Vermont as one of those six States have an afterschool tutoring program. having an impact upon the serious that have been able to use the flexi- I think the point is that we don’t want problems we have with a number of bility, we have found that it has re- to tie the hands of our local commu- young people graduating from high duced the time and effort which go into nities and our schools if they say this school who are presently functionally trying to work with title I. That is all is what it takes for us to increase stu- illiterate and do not have the basic we are trying to do today. dent performance, this is how we have skills necessary to warrant a diploma. I think we are hearing now an agree- identified, based on our own needs to We have had what is called social pro- ment on accountability. If we have achieve, these very specific objectives. motion, and the President emphasized learned anything over the past year, it Again, we are not talking about a that we have to do away with social has been the tremendous lack of ac- block grant. We are not talking about promotion. The way that can be done is countability in this country in our edu- changing the goals that we set out. We to try to make sure every kid can read, cational system. If there is any area are saying that given the resources and the Reading Excellence Act will be that we need to improve upon—and I that we are putting in a particular an important part of that. serve on the Goals 2000 panel—it is ac- area, and given the specific goals, we In addition, we had the Charter countability. One of the most dis- are going to give the local commu- School Expansion Act. As we go for- turbing things I have found is that we nities the opportunity to have more ward, it is necessary to experiment in really don’t know what is going on in flexibility and at the same time de- the kinds of institutions we can create this country. We still can’t measure manding accountability to meet those to have the flexibility and dedication performance, still can’t determine—in goals. to be able to change the relatively low fact, in the report we have no evidence That, very simply, is what the bill results we have been getting out of our that there was any improvement from does. We have this experience with it K-through-12 educational system. the date that we got the ‘‘Nation at that historically we can look to; we Some of the charter schools are work- Risk’’ report in 1983. Fifteen years and can learn from it. We can expand upon ing well. We have learned a lot. Those there is no measurable improvement in it. And that is where we are today.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2195 That is what I think real leadership in to improve student performance. Ed- performance of students affected by the education is all about. I think it is an Flex has more accountability built into waivers. appropriate Federal role to give that it than the largest single Federal edu- Eighth, State waiver authority to flexibility and demand that account- cation law in the land. issue waivers is thoroughly reviewed ability. ‘‘Accountability’’ is tied with That is point No. 1. every 5 years, and is contingent upon ‘‘flexibility.’’ No. 2, it is important to understand school performance. That accountability needs to be car- that the accountability provisions in Earlier today, the Senator from Or- ried out at the local level, for which I our bill as written—I encourage my egon presented the accountability have the next chart, which was spelled colleagues to read that bill as writ- checks in the bill. These account- out earlier. We need to have the ac- ten—inject more accountability than ability checks are critical. countability built in at the local level. the existing 12–State demonstration- The second issue that I wanted to We need to have the accountability project. It is important, because I want refer to, again because it has been built in at the State level and at the people to go back and read the bill and talked about, is regarding the require- Federal level, all reinforcing each not just look at what is in the current ments that can or cannot be waived. Again, I encourage my colleagues to go other in an appropriate hierarchical Ed-Flex program and the 12–State dem- back and see what is in the legislation, way just to make sure we are holding onstration project. because it has been written very care- those schools or school districts ac- First, before a State may issue waiv- fully with a huge amount of input from countable for the waiver that they ers, they must first provide public no- a broad number of people. The require- tice and comment. I am going to come have spelled out. ments that cannot be waived in Ed- I have gone through the specifics ear- back to that shortly because that will Flex—again, spelled out in the bill—in- lier, but as I keep this chart up, just so give me the opportunity to talk a little clude such things as: The civil rights bit more about parental involvement. people can understand how it builds requirements, the underlying purposes one on the other, let me also make it But it is very clear that by having that of each program or act for which a clear that the type of waivers that we requirement that the community at waiver is granted. are allowing are really two kinds. One large, including the parents, will be The third one that I want to stress is an administrative type of waiver. very much involved as they can express right now—I will not go through the That is a waiver where you unshackle their concerns if they have such con- rest of these—as requirements that the paperwork on local communities, cerns about the waiver. cannot be waived under Ed-Flex, is pa- local schools, and school districts Second, before receiving any waiver rental participation and involvement. which say that they are bombarded in the State, local school and local We have heard a lot about the parents, with paperwork and time requiring ac- school districts must establish specific how important it is to have the parents tivities which keep them away from measurable education goals, which involved. I agree. There is nobody that accomplishing that goal. Those sorts of may include student performance. But cares more about their children, about administrative waivers are very impor- they have to have very specific goals the future of their children, than those tant. And that is one element of the spelled out. parents. waiver system. That is important, again, so we can One important thing is the whole no- Another element of the waiver sys- demand that accountability as to tion of public notice. We talked a little tem about which we have talked a whether or not they meet those goals. bit about public notice. This is one great deal about today is where the As I pointed out before, those goals, as area that has been greatly improved, I schoolwide waivers take place, again spelled out in the bill, may very well think compared to a year ago—public accomplishing the specific goals con- include student performance. notice of those waivers. sistent with the intent of the Federal Third, every year States must mon- First of all, let’s see what is cur- law. itor—this is at the State level—and re- rently being done in terms of public no- We have to keep in mind that not all view the performance of schools and tice of the waivers. Let’s look at Texas. waivers are about student performance school districts that have received In Texas, at the local level requests for per se, that some waivers are about—I those waivers. So we go from local up waivers must be reviewed by campus will describe them first—lowering that to the State level that the State must and/or site-based decision making com- paperwork burden on both schools and monitor. In addition, the States are re- mittees composed of parents, teachers, school districts and at the State level. quired to make sure that the school and other community representatives. I say that because we have to be and school districts that have received The same thing in Maryland. I won’t careful, if we start modifying this bill waivers are, indeed, making progress go through the details. But, if you look at all, so that we don’t try to connect toward those goals; again, including at these examples, you will see that every single waiver with an increase in school performance. Whatever those through public notice, comments and student performance and use that as goals are they establish, consistent concerns by the parents are made the judge. There are certain areas that with the Federal intent, we need to known. The parents are involved. we cannot basically come back and show not only that the goals have been To take another example of public link that particular waiver that pro- spelled out, but that progress on a reg- notice in current Ed-Flex States, in duces paperwork to the performance of ular basis is being met. If a school dis- Michigan, it has a waiver-referent individual students in a school. trict or a school fails to meet that group composed of representatives On the issue of student performance, progress toward meeting the goals, the from a number of people: Michigan De- I think it is important to point out State at any time can revoke that partment of Education, local and inter- that Ed-Flex, as is spelled out in the waiver. mediate school districts, private underlying bill, has more account- In addition, we have built in and schools—and importantly—parent or- ability that we have injected into it spelled out here that the States have ganizations. than the Elementary and Secondary to offer technical assistance, if Furthermore, if you look at the pub- Education Act which is in existence progress is not being made, and also lic notice, among the criteria that the today. That particular act authorizes take corrective action. Secretary uses to evaluate a State’s over $13 billion. We have injected in Fifth, every year the States must Ed-Flex application is, our bill, Ed-Flex, more accountability send a report on how Ed-Flex is work- Did the State conduct effective public ing to the Department of Education; hearings or provide other means for broad- than is in that Elementary and Sec- based public involvement in the development ondary Education Act. again, an accountability measure. of the Ed-Flex plan? How has the State in- I mention that again so people will Sixth, again looking at the top of the volved districts, schools and [very specifi- know how hard we have worked in this chart at the Federal level, the Sec- cally] parents, community groups and advo- peer approach to make sure that ac- retary of Education has the final say. cacy and civil rights groups in the develop- countability is included. He or she can terminate a waiver at ment of the plan? Under current law, education pro- any time. These are the criteria that are used, grams that provide direct services to Seventh, the Secretary must issue a which will be used as well under exten- students are not specifically required report to Congress every 2 years on the sion under our bill.

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The ‘‘Eligible State’’ is a State that: posed waivers of Federal requirements? bill has been distributed. . . . waives State statutory or regulatory Again, as you can see, parents are an Public notice and comment.—Each State requirements relating to education while integral part of this waiver process. educational agency granted waiver authority holding local educational agencies or schools And there is a good reason. As has been under this section and each local educational within the State that are affected by such pointed out by both sides, we want par- agency receiving a waiver under this section waivers accountable for the performance of ents involved. Nobody cares more shall provide the public adequate and effi- the students who are affected by such waiv- about the education of the children of cient notice of the proposed waiver authority ers. this country than those parents. or waiver, consisting of a description of the We want to see the whole State, not The National Education Association, agency’s application for the proposed waiver just the local communities. We are (NEA), on February 25, 1999 made an authority or waiver in a widely read or dis- able to take what the Senator has put important statement. I d like to look tributed medium, and shall provide the op- portunity for all interested members of the as a finding—and we agree and put that at how a group that is involved in edu- community to comment regarding the pro- into language—and to make sure that cation, that is objective, that is not on posed waiver authority or waiver. the State is going to have compliance, one side of the aisle here, that is not I repeat, ‘‘shall provide the oppor- that particular provision says that a just a policymaker but is a group of tunity for all interested members of State will hold local districts account- people who are in the field, who have a the community to comment regarding able for results. It does nothing to say vested interest in education and edu- the proposed waiver authority or waiv- that the State will evaluate whether cation policy—how do they view the di- er.’’ they have done so. It does nothing rection we are going, in terms of that There are a number of other issues. I more to ensure that the State’s overall overall balance? I think we can go wanted, again, to come back to the ac- waiver plans to achieve student through this first statement on the countability issue and parental in- achievement. If we have that, we have chart. It says: volvement, both issues that have been solved at least the major problem. . . . the NEA believes the Ed-Flex legisla- addressed. People who read the bill will Look at page 9 in the managers’ tion introduced by Senators Ron Wyden of package, ‘‘Local Application’’ shall: Oregon and Bill Frist of Tennessee is a step find the accountability and parental . . . describe for each school year, specific, in the right direction. involvement issues very, very strongly measurable, educational goals, which may Remember, we are not trying to cure enumerated, supported, and substan- tiated in the bill, again with the input include progress toward increased school and all of the problems in education today. student performance, for each local edu- That is not our purpose in this par- of the Department of Education, from cational agency or school affected by the ticular bill. That is a process underway whom we solicited direct input on how proposed waiver.... in the Health, Education, Labor, and to assure that accountability, and We could solve at least one part of Pensions Committee right now as we many, many other interested parties. this by instead of saying ‘‘may in- I yield the floor. are reauthorizing the ESEA, the Ele- clude’’ saying ‘‘shall include.’’ ‘‘Shall The PRESIDING OFFICER. The Sen- mentary and Secondary Education Act. include.’’ All we are trying to do is to ator from Massachusetts. That is the appropriate forum for that. Mr. KENNEDY. Mr. President, I make sure that—while giving the This is a very targeted bill that can be know the afternoon is moving along, States and local communities flexi- passed to the benefit of hundreds of but we are making some progress. Even bility—the fundamental purpose of thousands of children if we do it right as we are trying to find some areas of Title I is going to be achieved for the over the next several days. reasons that have been illustrated in But going back to the NEA, because common ground, let me just respond specifically to the Senator from Ten- the very impressive report that has again I want to stay on this issue of come out in the last 2 days about the parents, how do they view what we are nessee on his provisions in this and on his statement that the criteria in this successes of Title I. We want to make doing from the outside with their vest- sure when we are providing this, that ed interest in education, the education results in greater performance stand- ards than in Title I. It is difficult to the principal criterion is going to be establishment, and, most important, student achievement, and that is what the education of our children? I will see that, because, under the provisions under Title I, the State has developed we are going to do. The words are used turn to the second quotation from but we do not find it applicable, in their letter. They say: and implemented the challenging State content standard, challenging student terms of the statewide program. The bill has been much improved through As I say here on page 9: performance standards and aligned as- the addition of increased accountability and Local application shall describe for each coordination measures and a public com- sessments described in the Elementary/ Secondary Act, and therefore it has school year specific measurable educational ment period that permits parents and mem- goals which may include progress toward in- bers of the community to participate ac- content standards and performance creased school and student performance.... tively in education reforms. standards included, while, in this legis- Isn’t this all about the performance I think this again is critically impor- lation, Ed-Flex, it says, ‘‘made sub- of the children? Isn’t that what we are tant, because it demonstrates objec- stantial progress as determined to- attempting to achieve? That is why we tively that we, as a body, on a bipar- wards development.’’ So, I think we are are spending the resources, to enhance tisan bill, have made absolutely sure to headed in the right direction, but I the students’ performance. That is address the accountability issue and to don’t want anyone to think we have what we are doing. As we are prepared address the issue of including parents. tougher standards in this particular to see greater flexibility, we are simply I have to say, ‘‘The bill has been im- proposal than we do in the underlying saying: Okay, you get the flexibility, proved. . . .’’ Those are the words of Title I. all we are asking for is student per- the NEA, which shows we have taken a Specifically in the managers’ pack- formance and achievement. That is bill that really went through com- age, on page 3, you have findings: what the basic debate on this is. mittee and passed, and have been will- To achieve the State goals for the edu- In the managers’ package, on page 11 ing to work again with all interested cation of children in the State, the focus on State waiver approval, it says: parties to make sure that account- must be on results in raising the achieve- ability, through the eight steps I out- ment of all students, not process. A State educational agency shall not ap- I agree. Amen. That is exactly what prove an application for a waiver under this lined, through the tiered approach of paragraph unless . . . the waiver of Federal the pyramid, guarantees—guarantees— we want to try to use as a measurable statutory or regulatory requirements as de- that accountability. fact. But it is only a finding, it is not scribed in paragraph (1)(A) will assist the Just so people will know, because it part of the operative language. This is local educational agency or school in reach- is always hard for people to go back a good idea, and that is exactly what ing its educational goals, particularly goals

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Just to sum up, Mr. President, for On page 12, line 22, after ‘‘hearing,’’ insert gram gives every State and school a those who support our particular ‘‘that such agency is not carrying out satis- chance to temporarily waive some- amendment, all we are saying is, yes, factorily all of the agency’s statutory obliga- times very restrictive specific Federal we will have the flexibility, but in giv- tions under title I of the Elementary and regulations to help them better meet ing the flexibility, there is some assur- Secondary Education Act of 1965 to secure their new standards and to help them ance that there will be an improvement comprehensive school reform or’’ to better utilize the tax dollars that we in student performance and student On page 15, between lines 2 and 3, insert send to them and that they generate on achievement, as measured by the State the following: their own. (F) standards, assessments, components of Thirdly, for its timeliness, I am plan, not by the Federal plan, but by schoolwide or targeted assistance programs, what Alabama wants to do or what accountability, or corrective action, under happy to join this debate because, next Massachusetts wants to do or what title I of the Elementary and Secondary Edu- Monday, it will be my honor to host Vermont wants to do. They are setting cation Act of 1965, as the requirement relates Secretary Riley in Louisiana for the their plans. All we are saying is, ac- to local educational agencies and schools; first yearly conference on educational cording to your own State plan, that Mr. JEFFORDS. Mr. President, I sug- excellence in our State, as we reach we are going to have measurable re- gest the absence of a quorum. out to develop stronger Federal-State sults in terms of the performance. That The PRESIDING OFFICER. The partnership for reforms in education. is what this amendment is really clerk will call the roll. As you know, Mr. President, it takes about. The legislative clerk proceeded to more than just the Federal Govern- We have the example which we have call the roll. ment’s actions, but it takes our ac- gone over in terms of Texas where they Mr. JEFFORDS. Mr. President, I ask tions, with the States and local govern- have spelled out exactly what they are unanimous consent that the order for ments, to make real these kinds of re- going to do. It has been enormously the quorum call be rescinded. forms for the children in our schools. impressive, and the students have The PRESIDING OFFICER. Without The conference this week in Louisiana made very significant and important objection, it is so ordered. and this bill will move us closer to that gains. And that example is being rep- Mr. JEFFORDS. I ask unanimous goal. licated by other communities. The par- consent that the Senator from Penn- I also support Ed-Flex because it has ents understand it. The parents know sylvania have 5 minutes as in morning proven to be effective over the last 4 what is happening in their particular business. years. As my colleague from Oregon schools, and they are able to make Mr. WELLSTONE. Mr. President, has so eloquently pointed out, these some judgments about it. Mr. Presi- parliamentary inquiry for a moment. pilot programs have worked, and that dent, this is what we are all working Certainly that is fine with me. The is why the bill is before us today. We towards. pending business is the amendment know it works. States and local school I wanted to get back into reviewing, that I have on the floor; is that cor- districts under Ed-Flex have received very briefly, the absolutely splendid rect? waivers for several Federal education independent evaluation that has just Mr. JEFFORDS. That is correct. programs. These waivers will free been released this past week on title I Mr. WELLSTONE. That remains the States and school districts from unnec- and their conclusions. Those will be pending amendment? essary regulations that stifle innova- valuable for our Education Committee The PRESIDING OFFICER. The Sen- tion in education, while still ensuring as we are looking over ESEA. They ator is correct. the core principles that have been out- have made some very, very important Is there objection to the request? If lined so clearly; specifically, the civil recommendations, and we ought to be not, the Senator from Pennsylvania is rights principles will be honored with responsive to those. recognized. this bill. One of their very key elements is to Mr. SPECTER. Mr. President, I At the same time, Ed-Flex is vol- do the evaluation in terms of student thank the Chair and thank my distin- untary. No State, no school, no district performance. We have that. I will go guished colleague from Vermont. has to apply for these waivers, but they back into it at another time, Mr. Presi- (The remarks of Mr. SPECTER per- will be available should a school or a dent, but I see my good friend and col- taining to the introduction of S. 528 are district choose to apply. And for league, the Senator from Minnesota, on located in today’s RECORD under accountability’s sake, waivers can be the floor, and I yield the floor. ‘‘Statements on Introduced Bills and revoked under the current draft of the AMENDMENT NO. 32 TO AMENDMENT NO. 31 Joint Resolutions.’’) bill, if the Secretary of the Department (Purpose: To preserve accountability for Mr. JEFFORDS. Mr. President, I ask of Education determines that these funds under title I of the Elementary and unanimous consent that the Senator waivers granted have not improved sig- Secondary Education Act of 1965) from Louisiana be allowed to speak in nificantly the performance of the stu- Mr. WELLSTONE. Mr. President, I debate only for 10 minutes. dents in that school or that district. send an amendment to the desk. The PRESIDING OFFICER. Without We know that the data resulting The PRESIDING OFFICER. The objection, it is so ordered. from certain demonstration States is clerk will report the amendment. Ms. LANDRIEU. I thank my col- very encouraging. For instance, in The legislative clerk read as follows: league from Vermont. Texas, where this has seen its greatest The Senator from Minnesota [Mr. Mr. President, I rise today in support use, students with Ed-Flex waivers out- WELLSTONE], for himself and Mr. KENNEDY, of S. 280, the Education Flexibility perform those in districts without the proposes an amendment numbered 32 to Partnership Act, which we have spent waivers in the Texas Assessment of amendment No. 31. most of the afternoon speaking about Academic Skills in reading and math. Mr. WELLSTONE. Mr. President, I today, for several reasons. In Maryland, the Ed-Flex waiver pro- ask unanimous consent that the read- First, this Ed-Flex bill, as we have vided the opportunity for that State to ing of the amendment be dispensed come to call it, represents a very solid provide for one-on-one tutoring in with. bipartisan effort to provide greater early grades in reading and math, in Mr. JEFFORDS. I object. I prefer to flexibility in our public schools and, grades 1 through 5, and in lowering the have it read. hopefully, improvement. Passage now student-teacher ratio from 25 to 1, to 21 The PRESIDING OFFICER. Objec- at this early stage in this Congress to 1. Mr. President, with a 6-year-old tion is heard. The clerk will read the sends a very positive message, I think, who is in first grade now, let me tell amendment. to the American people that we want you that those student-teacher ratios The legislative clerk read as follows: to put first things first; we want edu- at that level are crucial as our young On page 8, line 4, after ‘‘determines’’ insert cation to be a priority. We are willing boys and girls, sons and daughters, ‘‘that the State educational agency is car- now, with the ordeal of the trial behind learn the skills necessary in reading.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2198 CONGRESSIONAL RECORD — SENATE March 3, 1999 That is something I will speak about in readiness in the military forces be- based reform adopted in title I of the Ele- a moment. But that is a flexibility that cause the economy is so good. It is mentary and Secondary Education Act a top this waiver will provide. hard for us to maintain this voluntary, priority in the 106th Congress. In order to Oregon has used the waiver authority well-qualified active force. Why? Be- protect these reforms, we urge you to sup- port amendments offered by Senators Ken- to simplify its planning and applica- cause the private sector competes. nedy, Reed, Dodd and Wellstone to the Ed- tion structure to allow districts to de- Let me say, in Louisiana a beginning Flexibility Partnership Act that are ur- velop one consolidated plan that meets teacher makes $14,000, and in some of gently needed to protect the opportunities of all State and Federal requirements. our parishes up to $24,000. That is bad economically disadvantaged children, chil- Let me thank the distinguished au- enough, but even after teaching 15 or 20 dren of color, children with disabilities, and thors of this bill for including language years, with a good record, the salaries other children who need the law’s protection. also that is already presented in the are not that much higher, unfortu- Next paragraph: bill as drafted that will increase the ac- nately. Our State is doing what it can While the stated purposes of S. 280 are to countability. Some people are worried in that regard, but if we can come to- advance the efforts to achieve comprehen- that if you grant more freedom, we gether and pass $10 billion additionally sive school reform, the bill as reported by know that then comes more responsi- for the military, in terms of getting committee does not assure that States will bility, and as more responsibility our troops ready for the new threats of qualify for waivers only if they can dem- comes, obviously there is more ac- the future, we most certainly can put onstrate that they have complied with a countability. We want this bill to hold strong record of reform in the 5 years since our money where our mouth is and pass Congress with strong bipartisan majorities us all accountable, and through the Ed-Flex and look forward to school adopted standards-based reform as national language that we were able to submit construction and class size reduction, policy in title I of the ESEA, nor does S. 280 earlier, I think with an additional so that we can prepare our children for assure that States once having achieved Ex- amendment that may be acceptable to the threats that face them if they are Flex status will not excuse local school au- both sides, that accountability piece not technologically literate, if they thorities from fundamental requirements of will be made clear. don’t read well and communicate well. title I, such as maintaining high quality Let me be quick to say, as I conclude Our whole Nation will be at risk. teaching staffs and offering afterschool and my remarks, that while Ed-Flex is a summer programs for children who need I am proud to join my colleagues in them. move in the right direction, much more support of this important piece of leg- must be done to improve education. We islation. I urge my colleagues to con- That is it. That is what this amend- need to be very clear about this bill. It sider that this is a step in the right di- ment says. This amendment is really is a good step in the right direction. It rection, but we need to do so much simple, and my colleagues have stated tries to reduce bureaucracy, reduce more. I hope we can make good in spirit that they support it. This regulation, give greater flexibility; but progress in this Congress on these im- amendment simply says that we take it is only one step. We need to do other portant issues. Thank you, Mr. Presi- the core requirements, and we make things. dent. sure that the core requirements, the I urge this Congress, my colleagues I yield the remainder of my time. fundamental requirements of title I, on both sides, to support initiatives to Mr. JEFFORDS addressed the Chair. such as maintaining high quality decrease class size, particularly in the The PRESIDING OFFICER. The Sen- teaching staffs, or offering afterschool early grades. Let me share with you an ator from Vermont. and summer programs for children who alarming statistic from Louisiana that Mr. JEFFORDS. Mr. President, I sug- need them, that no local school author- my acting superintendent and staff gest the absence of a quorum. ity can be excused from meeting these shared with me earlier. In the recent The PRESIDING OFFICER. The standards. test of third graders in Orleans Parish clerk will call the roll. Let me again just mention what we in the basic reading test, 72 percent of The legislative clerk proceeded to are talking about. The requirement the students failed their basic pro- call the roll. that title I students be taught by high- ficiency in reading at that level. In a Mr. WELLSTONE. Mr. President, I ly qualified professional staff—who can parish outside of Orleans, a more sub- ask unanimous consent that the order be opposed to that? The requirement urban parish that is still struggling for the quorum call be rescinded. that LEAs hold schools accountable for and growing, it was 14 percent. I think The PRESIDING OFFICER. Without making substantial annual progress to- 14 percent is too high; I think 72 per- objection, it is so ordered. ward getting all students, particularly cent is tragic. We need to do every- Mr. WELLSTONE. Mr. President, I low-income and limited-English-pro- thing we can to reduce class size in ask that I might speak about the ficient students, to meet the high those early years—kindergarten, first, amendment. standards. Who can be opposed to that? second and third grade—so we can pre- Mr. JEFFORDS. Mr. President, re- The requirement that schools provide vent scores like this from being a re- serving the right to object. This is for timely and effective individual assist- ality. debate only. ance for students who are farthest be- So I urge that we pass additional Mr. WELLSTONE. Yes, the Senator hind; and, finally—this is it—the re- amendments to decrease class size and is correct. quirement that funded vocational pro- modernize our school buildings so that Mr. JEFFORDS. Then the Senator grams provide broad educational and our children believe what we say when would be recognized for debate only. work experience rather than narrow we say they are important. We want The PRESIDING OFFICER. The Sen- job training. That also applies. them in an atmosphere to learn and ator from Minnesota is recognized. All this amendment says is that we not in buildings that are falling down Mr. WELLSTONE. Mr. President, I will make it crystal clear by making around them, with roofs that are leak- don’t know whether we are going to sure that we will have flexibility with ing and situations that are unsafe. I reach agreement on this amendment or accountability, that no State will pro- think the Federal Government has an not. If we do, that is great. If we don’t, vide a waiver to a school district from obligation to help spend some of our then I will come back to these points the core requirements of title I. dollars in that regard, in cost-effective again and debate it. I would like col- My colleague, Senator WYDEN, has ways. leagues to know what is at issue here said to me that he agrees with that. I We, as a Nation, face hundreds of because I think this amendment goes am hoping that my colleague, Senator issues that affect millions of lives to the very essence of accountability. JEFFORDS, will agree. every day, but no single issue is as im- Mr. President, I have a couple of let- That is the reason for this letter by portant to our Nation’s future as edu- ters and talking points from the lead- the Leadership Conference on Civil cation and the challenges that our chil- ership conference on civil rights that I Rights. The reason that I have been out dren face in the next century. want to briefly mention to colleagues. here on the floor for hours is twofold. I was, as you were, Mr. President, a Let me just start out and read a little One, I think we ought to be focusing on proud author of our pay raise increase bit here. what we can really do for children that for the military. We have a real prob- The Leadership Conference on Civil Rights will make a real difference. This piece lem, as the Senator knows, with our has made the continuation of the standards- of legislation won’t. But the second is

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2199 I don’t want to turn the clock back- Mr. JEFFORDS. I ask unanimous Mr. WELLSTONE. Mr. President, wards. I don’t want to go back to pre- consent that there be 15 minutes in first of all let me say I very much hope title I, 35 years of good history. I don’t order prior to the motion to table the that there will be strong support for want us to essentially say that we as a pending amendment, No. 32, with 5 this amendment I have introduced Federal Government, we as a national minutes under the control of Senator along with Senator KENNEDY. If I could community are going to abandon poor JEFFORDS, myself, and 10 minutes just make this request of my col- children, that we are going to now say under the control of Senator leagues—and I will return to the letter for the first time that we are going to WELLSTONE, and that no amendments from the Leadership Conference on allow a State to allow a school district be in order prior to the motion to Civil Rights in a moment—I don’t to exempt itself from the core require- table. know why in the world we don’t just ments of good teachers, high standards, The PRESIDING OFFICER. Without get away from the paper and the words, and measurement of results. objection, it is so ordered. and why we do not accept an amend- My colleagues want to argue that Mr. JEFFORDS. I further ask that ment that basically says we will do there is already language in the bill following that vote, if the amendment what we say we will do. What in the that says this. I don’t think so. The is tabled, the only remaining amend- world can be the basis of the opposition people who I think have been involved ments in order this evening be an to this amendment? with this, the Leadership Conference amendment by Senator WELLSTONE re- This is an amendment that is strong- on Civil Rights for years, have put a garding 75 percent and an amendment ly supported by the Leadership Con- lot of sweat and tears into making sure by Senator KENNEDY regarding ac- ference on Civil Rights. This is an that there are educational opportuni- countability. amendment that speaks to, really, ties for disadvantaged children, low-in- The PRESIDING OFFICER. Without their central fear about this legislation come children, children of color. They objection, it is so ordered. in its present form. This is an amend- are very worried about the lack of ac- Under the previous agreement, the ment that makes it crystal clear, once countability. This amendment is spe- Senator from Minnesota now has up to again, that the mission of title I, an cific. It says let’s make sure that we 10 minutes for debate, the Senator important mission, which is the im- keep this accountability. from Vermont has 5 minutes for debate provement of educational opportuni- Mr. President, I am hopeful that the under his control. ties for poor children, will not be weak- amendment will be accepted. I guess Who yields time? ened. that we will wait and see. I will have Mr. WELLSTONE addressed the This is an amendment which says other supporting evidence, if we go into Chair. that when it comes to the core require- a debate. I guess we are now negoti- The PRESIDING OFFICER. The Sen- ments of title I, when it comes to the ating on this amendment. But it is ator from Minnesota. essence of what this program is about, really, I mean, simple. There are a cou- Mr. WELLSTONE. Mr. President, when it comes to the essence of ac- ple of things. The States have to be in might I ask my colleague, I assume he countability, no State will be allowed compliance with title I. Who could would want me to take my time and to exempt any school district from argue that we would be interested in then finish up; is that correct? Is that these core requirements. giving States flexibility, exemptions the way he would like to do it? We want to make sure that, in every and all the rest, if they are not in com- Mr. JEFFORDS. I would just as soon school district in this country, title I pliance with title I? speak now. students will be taught by highly The second thing the amendment Mr. WELLSTONE. That is fine. qualified professional staff. We want to says is no State should be able to pro- Mr. JEFFORDS. Mr. President, I will make sure that schools are accountable vide a waiver to a local school author- take my 5 minutes. for making substantial annual ity from these basic core values, the The PRESIDING OFFICER. The Sen- progress. We want to make sure that core mission of title I. And what are ator from Vermont is recognized. students, low-income students and stu- these requirements? That these stu- Mr. JEFFORDS. Mr. President, this dents with limited English proficiency, dents be taught by highly qualified is an amendment by Senator meet these standards. We want to professional staff, that schools be held WELLSTONE. I will give you a little his- make sure that schools provide timely accountable to making annual progress tory. This bill was voted out of com- and effective individual instruction for toward helping students, including stu- mittee earlier this year. It was basi- students who are farthest behind. We dents with limited English proficiency, cally the same amendment which was want to make sure there is specific lan- that the schools provide timely assist- passed out of the committee unani- guage. This is the request of the Lead- ance to those kids who need it the mously last year—I am sorry, with one ership Conference on Civil Rights. This most. How can anybody oppose this? objection last year. It is generally is the request of people who have given If you do not want to have account- agreed to. However, there are some their lives to title I in this legislation, ability, and you basically want to gut areas that some Members wanted to that we have specific language that part of what title I has been all about address. I rise in opposition and I will makes it clear that no State will allow for all of these years, a program that, move to table the pending Wellstone any school district to be exempt from as Senator KENNEDY has said, worked amendment. these core requirements, the core com- very well, go ahead and do it. Other- This issue was addressed in the man- ponents of title I. wise, this amendment should be accept- agers’ amendment package by includ- You say you want to do this but you ed. ing the eligibility of the State as a con- don’t want to support an amendment I will wait, for we will continue to dition for approval and consideration. that makes it clear that we will do talk, and I hope that there will be sup- Also, under the eligibility requirement, this. My question is, Why not? In all port for this. States must have the very standards due respect, I may be the only vote Mr. President, I have had a chance to and assessments as laid out in title I. against this legislation. I know I won’t speak a long time today. So I yield the SEAs are prohibited from waiving be the only vote for this amendment. I floor. statewide requirements for local school think there will be a strong vote for I suggest the absence of a quorum. districts. And, finally, the States are this amendment. But in all due respect, The PRESIDING OFFICER. The required to implement corrective ac- if you are not willing to support this clerk will call the roll. tion pursuant to title I. amendment which goes to the core of The legislative clerk proceeded to Therefore, we believe it is redundant accountability, then you are doing call the roll. and unnecessary. At the appropriate some serious damage to title I, to the Mr. JEFFORDS. Mr. President, I ask time I will move to table. title I mission. This piece of legislation unanimous consent that the order for I yield the remainder of my time. will go too long a way towards aban- the quorum call be rescinded. The PRESIDING OFFICER. The Sen- doning a national commitment to poor The PRESIDING OFFICER (Mr. ator from Vermont has yielded back all children. ABRAHAM). Without objection, it is so the remainder of his time. The Senator Now, for the first time ever, we are ordered. from Minnesota is recognized. saying it will be possible for a State to

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2200 CONGRESSIONAL RECORD — SENATE March 3, 1999 give a school district an exemption then if it went down to 45, we said, OK; be accepted tonight that says schools from the basic core requirements of 40, maybe yes. Those were the general with over 75 percent low-income chil- title I—from the basic core require- kinds of waivers. But the point that dren have first priority to funds. And I ments. And this amendment just asks the Senator from Minnesota is trying say this to my colleague from you to support what it is you say you to say is those specific criteria which Vermont, I really speak now with some are for. have been found by educators who have sadness because he is going to move to If you want to go toward block really spent their lifetime focusing on table this because this goes to not grants, and if you want to go toward the needs of the neediest children, such technical issues, not formula, this goes moving us away from this mission, and as qualified teachers and some com- to the very essence of what title I is you want to go toward weakening ac- monsense protections, effectively could about. This goes to the core require- countability, then go ahead and vote to be waived if the Senator’s amendment ments, the core mission, the core ac- table this amendment. But I certainly is not agreed to. countability, and you now have a piece hope a majority of Senators will not do Mr. WELLSTONE. Mr. President, of legislation that tosses that over- so. how much time do I have left? board. Mr. KENNEDY. Will the Senator The PRESIDING OFFICER. The Sen- You are overturning 35 years of im- yield for a question? ator from Minnesota has 2 minutes 30 portant history. You are overturning 35 Mr. WELLSTONE. I will be pleased seconds. years of history of a commitment on to yield for a question or yield time to Mr. WELLSTONE. Mr. President, the the part of our National Government my colleague. Senator from Massachusetts is abso- to poor children in America. You are Mr. KENNEDY. What we are effec- lutely correct, and this is why I speak overturning the hard work of many tively doing under the existing pro- with some indignation. women and men who have written a posal in Ed-Flex is focusing attention Mr. KENNEDY. Will the Senator title I program with accountability on needy children, but there are some yield for one more brief comment? I that has really worked well for chil- specific guarantees under title I; for don’t want to interrupt the thought dren. That is why the Leadership Con- example, well-qualified teachers to en- line, but I have just been informed by ference on Civil Rights is so strongly in sure that we are going to seek the aca- the Administration that they support favor of this amendment. demic enhancement and achievement the Wellstone amendment and believe I hope my colleagues will vote of the children. That is one example. it is consistent with the Statement of against this motion to table this There are a series of those. As I under- Administration Policy. I ask unani- amendment. This is the central ac- stand the Senator’s amendment, with- mous consent to have printed in the countability amendment. If this out the Senator’s amendment, they RECORD a statement by the Adminis- amendment does not pass, we do not will be able to waive those as well. tration in support of the Wellstone have the accountability that has been Mr. WELLSTONE. That is correct. amendment. so important to the success of title I. Mr. KENNEDY. This really has noth- There being no objection, the mate- I yield back the rest of my time. ing to do with paperwork at all. We rial was ordered to be printed in the The PRESIDING OFFICER. All time have already decided that there are RECORD, as follows: has been yielded back on both sides. going to be other kinds of safeguards to STATEMENT OF ADMINISTRATION POLICY Mr. JEFFORDS. Mr. President, I make sure that the funding is focused S. 280—EDUCATION FLEXIBILITY PARTNERSHIP move to table the pending amendment, in terms of the needy students, but ACT OF 1999 and I ask for the yeas and nays. there are some specific guarantees that The Administration has long supported the The PRESIDING OFFICER. Is there a have been written in there, the ones concept of expanding ed-flex demonstration sufficient second? that I have said. The purpose of the authority to permit all States to waive cer- There appears to be a sufficient sec- Wellstone amendment is to give assur- tain statutory and regulatory requirements ond. ance that those particular guarantees of Federal education programs in a manner The yeas and nays were ordered. will not be waived for the neediest chil- that will promote high standards and ac- countability for results, coupled with in- The PRESIDING OFFICER. The dren, as I understand it. question is on agreeing to the motion Mr. WELLSTONE. My colleague from creased flexibility for States and local school to lay on the table the amendment of- Massachusetts is absolutely correct, districts to achieve those results. The Ad- ministration supports amendments designed fered by the Senator from Minnesota. and I say to my colleague from Massa- to: 1) ensure that State waivers of Federal The yeas and nays have been ordered. chusetts, I will list these other core re- requirements result in improved student The clerk will call the roll. quirements. One of them has to do with achievement; and 2) enhance parental in- The legislative clerk called the roll. title I students, that they be taught by volvement. Mr. REID. I announce that the Sen- highly qualified professional staff. In order to ensure consistency between ed- ator from Delaware (Mr. BIDEN) and the Another one is that the LEAs hold flex authority and the Elementary and Sec- Senator from New Jersey (Mr. schools accountable for making sub- ondary Education Act of 1965 (ESEA), which TORRICELLI) are necessarily absent. stantial annual progress toward get- will be undergoing reauthorization this year, the Administration urges Congress to sunset I also announce that the Senator ting all students, particularly low-in- this legislation upon enactment of the from West Virginia (Mr. BYRD) is ab- come students and limited-English-pro- ESEA. sent attending a family funeral. ficient students, to meet the same high The Administration strongly supports an The result was announced—yeas 55, standards, and the requirement that amendment that is expected to be offered to nays 42, as follows: schools provide timely and effective in- S. 280 that would implement the President’s dividual assistance for students who proposal for a long-term extension of the [Rollcall Vote No. 30 Leg.] are farthest behind. one-year authority to help school districts YEAS—55 reduce class size in the early grades, which I say to my colleague, the reason Abraham Frist Murkowski the Congress approved last year on a bipar- Allard Gorton Nickles that the Leadership Conference on tisan basis. In order to hire qualified teach- Civil Rights feels so strongly about Ashcroft Gramm Roberts ers, arrange for additional classrooms, and Bennett Grams Roth this amendment and the reason my col- take other steps that are necessary to reduce Bond Grassley Santorum league from Massachusetts does, is we class size, school districts need to know, as Brownback Gregg Sessions know this goes to the very mission of soon as possible, that the Congress intends Bunning Hagel Shelby Burns Hatch Smith (HN) title I. Why in the world would we not to support this initiative for more than one Campbell Helms Smith (OR) year. Chafee Hutchinson want to have this accountability built Snowe Cochran Hutchison into this legislation? Mr. WELLSTONE. Mr. President, I Specter Collins Inhofe Mr. KENNEDY. This is entirely dif- thank my colleague from Massachu- Coverdell Jeffords Stevens ferent than what we talked about in setts. Craig Kyl Thomas the general Ed-Flex where we had re- Mr. President, this is not on the Crapo Lott Thompson quirements that, for example, you whole question of funds and, frankly, I DeWine Lugar Thurmond Domenici Mack Voinovich could have a studentwide utilization of have been worried about the dilution of Enzi McCain Warner resources if it was 50 percent poor, and funds. I have an amendment that will Fitzgerald McConnell

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2201 NAYS—42 It is accepted by both sides. I thank enhance academic achievement. It also Akaka Feingold Levin my colleagues, Senator KENNEDY, Sen- will take in student performance after Baucus Feinstein Lieberman ator JEFFORDS, Senator WYDEN, and 5 years, should there be the request for Bayh Graham Lincoln the continuation of this legislation. Bingaman Harkin Mikulski Senator FRIST, as well. Boxer Hollings Moynihan Mr. JEFFORDS. Mr. President, I I thank my colleagues and friends. I Breaux Inouye Murray have no objection to the amendment. think we really have the best of all Bryan Johnson Reed Mr. HAGEL. The question is on worlds here. I am grateful to Senator Cleland Kennedy Reid JEFFORDS and Senator FRIST for work- Conrad Kerrey Robb agreeing to the amendment of the Sen- Daschle Kerry Rockefeller ator from Minnesota. ing this through. Dodd Kohl Sarbanes The amendment (No. 33) was agreed Mr. JEFFORDS. Mr. President, I Dorgan Landrieu Schumer to. think the amendment is a helpful addi- Durbin Lautenberg Wellstone tion to the bill. We appreciate the ef- Edwards Leahy Wyden Mr. WELLSTONE. Mr. President, I move to reconsider the vote. forts of Senator KENNEDY and are NOT VOTING—3 Mr. KENNEDY. I move to lay that happy to accept it. The PRESIDING OFFICER. The Biden Byrd Torricelli motion on the table. The motion to lay on the table question is on agreeing to the amend- The motion to lay on the table was ment of the Senator from Massachu- amendment No. 32 was agreed to. agreed to. Mr. JEFFORDS. Mr. President, what setts. AMENDMENT NO. 34 TO AMENDMENT NO. 31 The amendment (No. 34) was agreed is the pending business? (Purpose: To ensure that increased flexi- to. The PRESIDING OFFICER (Mr. bility leads to improved student achieve- Mr. KENNEDY. Mr. President, I HAGEL). The pending business is the ment) move to reconsider the vote. substitute of the Senator from Mr. KENNEDY. Mr. President, I send Mr. JEFFORDS. I move to lay that Vermont. an amendment to the desk and ask for motion on the table. Mr. JEFFORDS. It is my under- its immediate consideration. The motion to lay on the table was standing that two amendments would The PRESIDING OFFICER. The agreed to. be in order, if offered—the Kennedy clerk will report. Mr. LEVIN. Mr. President, under the amendment and a Wellstone amend- The bill clerk read as follows: Wellstone and Kennedy amendments, ment. would Michigan be able to continue The Senator from Massachusetts [Mr. KEN- The PRESIDING OFFICER. The Sen- NEDY], for himself, Mr. REED, Mr. DODD, and their current Ed-Flex authority? ator is correct. Those are the two pend- Mr. WELLSTONE, proposes an amendment Mr. KENNEDY. Yes, Michigan would ing amendments that will be agreed to. numbered 34 to amendment No. 31. be able to continue its current Ed-Flex Mr. KENNEDY. Mr. President, I sug- Mr. KENNEDY. Mr. President, I ask plans. Mr. LEVIN. In January, 1998, Michi- gest the absence of a quorum. unanimous consent that reading of the gan moved to lower the poverty thresh- The PRESIDING OFFICER. The amendment be dispensed with. old statewide from the 50 percent pov- clerk will call the roll. The PRESIDING OFFICER. Without erty level in title I to 35 percent. Would The bill clerk proceeded to call the objection, it is so ordered. either the Wellstone or Kennedy roll. The amendment is as follows: Mr. JEFFORDS. Mr. President, I ask amendment prohibit Michigan from On page 7, line 21, strike ‘‘and’’ after the unanimous consent that the order for continuing to allow these waivers semicolon. under Ed-Flex that is improving reform the quorum call be rescinded. On page 7, line 24, strike the period and in- The PRESIDING OFFICER. Without sert ‘‘; and’’. in the affected schools? objection, it is so ordered. On page 7, after line 24, insert the fol- Mr. KENNEDY. No. Mr. President, we have made some AMENDMENT NO. 33 TO AMENDMENT NO. 31 lowing: (v) a description of how the State edu- progress today. We are looking forward (Purpose: To prohibit waivers with respect to cational agency will evaluate (consistent to having some debate on the Binga- serving eligible school attendance areas in with the requirements of title I of the Ele- man amendments tomorrow, followed rank order) mentary and Secondary Education Act of by my friend and colleague, Senator Mr. WELLSTONE. Mr. President, I 1965), the performance of students in the KERRY. We will indicate to the mem- send an amendment to the desk and schools and local educational agencies af- bership that we will tentatively get ask for its immediate consideration. fected by the waivers. started sometime around 11, and we The PRESIDING OFFICER. The On page 9, line 22, strike ‘‘which may in- clude progress toward’’ increased school and will let the floor managers know at clerk will report. least in what order we will want to The bill clerk read as follows: student performance. On page 11, line 17, insert ‘‘in accordance offer our amendments. The Senator from Minnesota [Mr. with the evaluation requirement described in Obviously, they have their own WELLSTONE] proposes an amendment num- paragraph (3)(A)(v),’’ before ‘‘and shall’’. rights. But we will try to keep them as bered 33 to amendment No. 31. On page 12, line 14, before the period insert fully informed as possible so that we Mr. WELLSTONE. Mr. President, I ‘‘, and has improved student performance’’. can all be as prepared on these amend- ask unanimous consent that reading of On page 16, line 9, insert ‘‘and goals’’ after ments as possible. the amendment be dispensed with. ‘‘desired results’’. Mr. JEFFORDS. Mr. President, I The PRESIDING OFFICER. Without On page 16, lines 10 and 11, strike ‘‘sub- thank my good friend and Senator objection, it is so ordered. section (a)(4)(A)(ii)’’ and insert ‘‘clauses (ii) from Massachusetts. I deeply appre- and (iii) of subsection (a)(4)(A), respec- The amendment is as follows: tively’’. ciate the cooperation we have had On page 15, between lines 2 and 3, insert today. We moved along well. We are the following: Mr. KENNEDY. Mr. President, I will well on our way. I look forward to see- (F) serving eligible school attendance just take a moment of the Senate’s ing the wonderful cooperation that we areas in rank order under section 1113(a)(3) of time. We had a good opportunity dur- will have as we proceed on this bill. I the Elementary and Secondary Education ing the course of the afternoon to talk Act of 1965; look forward to seeing you all again in about the student performance. We the morning. Mr. WELLSTONE. Mr. President, have worked out language which I this amendment simply requires that think responds certainly to my con- f schools with over a 75-percent low-in- cerns and, hopefully, is consistent with MORNING BUSINESS come student population must receive what Senator FRIST and Senator JEF- Mr. JEFFORDS. Mr. President, I ask funds first, as a matter of priority— FORDS were doing. Now the States will unanimous consent that the Senate first, in terms of the allocation of the be able to receive Ed-Flex, but they now proceed to a period of morning title I money—and that those neediest will also—in the application, there will business, with Members permitted to schools with a population of low-in- be an indication about what their ex- speak therein for up to 10 minutes come students over 75 percent would pectation in the State is in terms of each. have first priority in receiving those the students’ performance, consistent The PRESIDING OFFICER. Without funds. with what the overall State plan is to objection, it is so ordered.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2202 CONGRESSIONAL RECORD — SENATE March 3, 1999 Mr. JEFFORDS. I yield the floor. I I might note that Ed-Flex is already will get them done without the regula- suggest the absence of a quorum. in place in 12 States, including my tion here. The PRESIDING OFFICER. The home State of Kansas. Schools there I don’t think anybody in this Cham- clerk will call the roll. have already submitted 43 waiver re- ber, or in this town, should think that The bill clerk proceeded to call the quests in an effort to better serve the somebody in Emporia, KS, doesn’t care roll. unique needs of Kansas students. At greatly about how that child is edu- Mr. BROWNBACK. Mr. President, I this point, no waiver has been rejected. cated and won’t do the absolute best ask unanimous consent that the order Around two dozen requests have al- they can to make sure that child is for the quorum call be rescinded. ready been granted, and others are educated well. The PRESIDING OFFICER. Without pending. I would encourage the Depart- We need to empower them. We need objection, it is so ordered. ment of Education to expedite those re- to empower the parents, the teachers, Mr. BROWNBACK. Mr. President, quests. the school boards, the communities parliamentary inquiry. What business That speech and that point that I over the government bureaucracy. are we in right now? just gave sounds very reminiscent of a That is why I will vote in favor of the The PRESIDING OFFICER. We are in point that I made in 1995 about waivers morning business. Ed-Flexibility Act. I urge my col- that were being granted on welfare re- Mr. BROWNBACK. Mr. President, I leagues to do likewise. form and asking that those be sped up ask unanimous consent to speak for up I say let’s not stop here. This is to 10 minutes. so that States could solve the problem. where we started with welfare reform— The PRESIDING OFFICER. Without We are at the same point in time with providing these waivers. Ultimately, objection, it is so ordered. education. Let’s let the States have the when we gave the program to the resources and have them solve the f States and the resources to the State, problem. they cut the welfare dependency in half EDUCATIONAL FLEXIBILITY Kansas schools have used Ed-Flex for and had people who were on welfare PARTNERSHIP ACT many reasons. One school district re- being thankful that they are now out Mr. BROWNBACK. Mr. President, I ceived a waiver in order to better dis- on the job and they are encouraged rise in support of the Educational tribute title I funds to the neediest stu- about that. Why don’t we try that with Flexibility Partnership Act, the Ed- dents. Leavenworth schools requested a education, letting the States and the Flex program that has been debated waiver to provide an all-day kinder- locals decide this? We will get more for here today. I congratulate Senator garten class and preschool programs to every education dollar that we put out FRIST and Senator JEFFORDS for their better serve the needs of children of there. And, more importantly, our stu- work on this bill of which I am a co- parents that are at Fort Leavenworth dents will be better, and they will sponsor. at the military facility. Emporia used achieve higher test scores in the key Ed-Flex does the important work of an Ed-Flex waiver to implement new areas that they are not doing today. granting waivers of certain statutory literacy programs in an intensive sum- Mr. President, one other point: I and regulatory requirements so that mer school program. That fit the needs think we have finally started down the local schools can implement creative and what we had for needs in Emporia. road of making some real reforms in programs that are custom-tailored to The list goes on. education, and reforms that I think the needs of their kids and allows some These are all very different programs people have been afraid that we are State education agencies to waive that address different needs. But that going to dictate out of Washington. State requirements along with Federal is just the point. Schools need this This, to me, is a positive step forward— mandates so that local schools can in- flexibility. We need education decisions letting the local school districts start novate effectively. made in Emporia, in Fort Leaven- to decide on how they can implement I think this is an extremely impor- worth, in Topeka, and in Manhattan— those reforms. We have a lot of bright tant program. We have been saying for not in Washington for Kansas. We need students across this country who need some period of time that too much of it made there. And the people there a system that is as bright as that are education is directed out of Wash- care for the students. They look in to challenge them and help them move ington, that problems in education are their eyes every day. They can say, forward. not solved in Washington as much as ‘‘We need this program here.’’ What Mr. President, I yield the floor, and I they are at the local level. If we can can we tell them in Washington? No. suggest the absence of a quorum. allow people to have the flexibility in You don’t need that program. What The PRESIDING OFFICER. The Kansas, Nebraska, Vermont, Ten- you need is something else when we clerk will call the roll. nessee, Texas or California to solve don’t even look into the eyes of that The legislative clerk proceeded to their education problems with these same child. People here in the Wash- call the roll. dollars, they will get more education ington bureaucracy have great desires Mr. MACK. Mr. President, I ask done, and they will have more effective to help that child, but the person who unanimous consent that the order for education done than if we direct it out is right there closest is the one who the quorum call be rescinded. of Washington. It is a basic premise. It can best determine what that child The PRESIDING OFFICER (Mr. works. It has worked on a number of needs. This is the sort of program that SMITH of Oregon). Without objection, it programs. We allowed this to take allows that to take place. Schools need is so ordered. place in welfare reform. We had a num- that sort of flexibility. Mr. MACK. Mr. President, I under- ber of different experiments on welfare While Ed-Flex is an important first stand we are in morning business. reform that led welfare rates to decline step, there are other steps that we need The PRESIDING OFFICER. The Sen- 50 percent. We solve it in Kansas dif- to take as well. If we are going to make ator is correct. ferently than they solve it in other progress toward improving our schools, Mr. MACK. I ask unanimous consent States. It worked. Education—we have we need to give the States and commu- to speak in morning business for not to a problem. But it is not a uniform nities far more flexibility and empower exceed 30 minutes. I hope I will not use problem that you can say, OK, if we them to make decisions with what is the full 30 minutes. just do this and this and this all across best for their schoolchildren. As impor- The PRESIDING OFFICER. Without the Nation with programs, the problem tant as it is to make waivers to Fed- objection, it is so ordered. is solved. It doesn’t work that way. We eral regulations available, frankly, I f have different educational needs in dif- believe it would be better if we would ferent places. roll back those regulations altogether ISRAELI AND PALESTINIAN PEACE Ed-Flex is tried and true as a con- and provide the resources to Kansas BASED UPON SECURITY, FREE- cept. It is a needed concept in edu- and to the school districts, and say to DOM, AND A CHANGE OF HEART cation, because we need more flexi- them, ‘‘You figure out how best to edu- Mr. MACK. Mr. President, I very re- bility to get these dollars into the cate these students.’’ Believe me. They cently traveled to Israel. It had been classroom than people back here decid- will come up with the ideas to do it. several years since my last visit, and I ing how to spend it. They will implement them, and they expected this year we would bring some

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2203 important measures to the Senate scene on television. There is no way I you put your baby under in case of a floor. The timeline on the Oslo accords can put the emotion into what she was chemical weapons attack. expires in May, and Arafat has threat- expressing and the emotion that she In Israel, this preparation is routine. ened to unilaterally declare an inde- was expressing as she sang those words. Everyone in Israel knows to have a gas pendent state. The supplemental appro- And after her song, she got an ovation mask ready. It just becomes a part of priations for the Wye River accords from her classmates and from her the craziness of everyday life. But will soon be before us, and the time- teacher. when you bring home a newborn baby, table on the Jerusalem Embassy Act This focuses us on the fundamental when you bring home your baby and requires that the President report to difference in approach between the Pal- you get the chemical weapons tent at the Congress why the United States estinians and the Israelis. I have a the hospital, then you realize how Embassy has not been set up in Israel’s grandson about that age, about the age unordinary life is in Israel today. You capital city, Jerusalem. I learned a of that little girl. How would I feel if realize that you are really simply great deal during the week and I rise he were being taught hatred in school? struggling for a normal life, hoping for today to share a few simple thoughts If he were being taught hatred on tele- peace and security, praying to God, regarding what I saw and what went vision, how would I feel? How would while actually living in a war zone. through my mind as the week in Israel you feel if your Government was teach- I had another profound meeting dur- unfolded. ing your children to hate? Could you ing this week. I met one evening pri- Let me begin with the question that conclude that they were serious about vately—secretly—with Arabs who were is on my mind today: How is it possible long-term peace with their neighbors? being persecuted for their Christian to engage in peace negotiations with I also have some examples from Pal- faith. I met with about 10 Palestinian people who maintain the right to oblit- estinian textbooks for a third-grade Christians. I will tell you just one of erate you, who are filled with hatred grammar lesson. Here is the task: their stories, but I will change some of toward you, and who harbor the dream ‘‘Complete the following blank spaces the details to protect the person I am of one day destroying your homeland? with the appropriate word.’’ And the describing. I remember an energetic man, in his Peace is a matter of the heart. I believe sentence is, ‘‘The Zionist enemy blank early 40s, at the end of the table. I re- in the depths of every person’s heart is civilians with its aircraft.’’ The correct member him because he seemed so full a desire to live in peace. But what I answer is, ‘‘The Zionist enemy at- of life and love. He had a great smile on saw, which was the outcome of the Pal- tacked civilians with its aircraft.’’ his face and displayed a wonderful estinian Authority rule, convinced me For seventh graders: ‘‘Answer the fol- sense of humor. I say this was memo- that their hearts and minds are set on lowing question: Why do the Jews hate rable because, frankly, after hearing other goals. The Palestinian leadership Muslim unity and want to cause divi- what he had been through, I do not does not want peace. They want, first, sion among them? Give an example of know if I could express the sense of their own state which they can control the evil attempts of the Jews, from with total power. Then they want to peace and love he did. This is his story. events happening today.’’ These are He had many children and very little use that state to eliminate the State of from Palestinian textbooks today. Israel. money. He converted to Christianity in One would expect, rather than focus 1993. He clearly loved God, and he loved Let’s be clear. The peace process, to on hatred, if they were serious about be meaningful, must be about more to tell people about his conversion. He peace, they would focus on how the two described to me how in 1997, the Pales- than rules and laws and lines on a map. peoples are working to live side by We can reach a short-term agreement tinian Authority asked him to come to side. A history book for 12th graders the police station for questioning. on these points, but if the Palestinian published only last summer teaches: leadership fails to abandon incitement When he arrived, he was immediately ‘‘The clearest examples of racist belief arrested and detained on charges of of hatred, persecution, and terrorism, and racial discrimination in the world then we are all dreaming, only dream- selling land to Jews. He denied this are Nazism and Zionism.’’ charge, since he was very poor and ing, and our President’s behavior must To see this taking place today is be labeled foolish appeasement. There owned no land. He was beaten. He was chilling. If you can, think about it in hung from the ceiling by his hands for will not be peace until hearts and the context of being in Israel and being minds are changed, and we must focus many hours. He showed me what I just briefed by a member of the Govern- said. He showed me how his hands were our attention on these issues. ment with respect to what is happening Mr. President, many of my col- tied behind his back and then raised in what they refer to as the anti-incite- leagues in the Senate and in the House from the floor and hung that way for ment committee, which was set up by are aware of the promotion of hatred many, many hours. the Wye Agreement. To be sitting contained in the Palestinian media, After 2 weeks, he was transferred to a there and seeing this, I must say to and more significantly in the Pales- larger prison where he was held for 8 you, was chilling. I found it to be ex- tinian schoolbooks. Let me provide months without trial. He was released tremely chilling. some examples. in February 1998, after his family bor- While the Government of Israel This is a picture that was taken off rowed thousands of dollars to pay off of Palestinian Authority-controlled makes good-faith efforts to come to a the local authorities. And even though television. It is a picture of a young peace agreement, the Palestinian Au- he is free, they are keeping his father girl, probably 6 or 7 years old. This is a thority teaches children hatred. This in prison. They believe it is for his young girl singing into a microphone. causes me to ask, How can peace be ob- son’s beliefs. He feels his father is She is on a television show that would tained when the children are being being held hostage to prevent him from be what we would refer to as kind of a taught hatred? talking with people about his faith. Let me share another story. I at- Mickey Mouse Club type of show that Needless to say, these Christians met tended Shabbat dinner at the home of would be shown to children by the Pal- with me at considerable risk. They Saul and Wendy Singer in Jerusalem. estinian Authority. I want to read to conveyed to me a message of fear and Saul worked on my staff for 7 years be- you what this little girl is singing. desperation. But their mere presence in fore moving with his wife to Israel. Again, this is a program that was pro- the room with me demonstrated their They just had their second child, a girl duced by the people who are sitting hope, and it also caused me to ask, how named Tamar. Wendy told the story of across the table from you, supposedly can the people of Israel find peace with the day she was checking out of the negotiating peace. This is what the lit- the Palestinian Authority while the hospital in Jerusalem, 2 days after giv- tle girl is singing: Palestinian Authority engages in coer- ing birth. In a very ordinary and mat- When I wander into the entrance of Jeru- cion and torture based upon religious salem, ter of fact way, the hospital gave her beliefs? I’ll turn into a suicide warrior in the necessities for bringing home a I also met with the parents of Amer- battledress, newborn baby. In addition to providing ican children killed by Palestinian ter- In battledress. In battledress. for diapers and other things we would rorists. In this meeting, I was struck There is no way I can convey to you expect, she was handed a gas mask for by the courage displayed by these fami- the emotion of actually seeing that her baby. It is actually a tent which lies after suffering the tremendous loss

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2204 CONGRESSIONAL RECORD — SENATE March 3, 1999 of a child brutally murdered. These der of their son, also believed to have Arafat is not halfway between the two. families told me of the hopes and been planned by Dief. The United States must not engage in dreams they had for their children. I I am told Mohammed Dief remains a moral equivocation. We must not shy couldn’t help thinking about my own. free man today. The obvious lesson— away from holding Arafat responsible My daughter, Debbie, traveled with me terrorists kill and those who are not for acts of violence, incitement and on this trip. She was in the room as jailed remain free to kill and to kill persecution. these stories of brutality and murder again thanks to the Palestinian Au- The United States must demonstrate were related. There was scarcely a dry thority. principled leadership and end the ap- eye in the room. How would I feel in their place? I peasement that perpetuates the cycle I am sure Debbie was thinking about couldn’t keep the thought from my of violence. The peace process can only her three little boys, ages 14, 11 and 5. mind, as I listened. If I had lost a child work when leaders uphold their agree- We were moved by the comments made and knew that the murderer or accom- ments and answer to the people, and by the parents as they described to us plices were on the loose, how would I the United States remains a vigilant what had happened. feel? And if I knew the killer remained defender of the principles which bind us I understand that the Palestinian free to kill other people’s children, how to Israel: freedom, democracy, and the Authority knows a great deal about would I feel? It is so hard, hard to even rule of law. these murderers, but they are not consider, but I do know that I left What should we do? I believe there being punished. Some of them have there committed to doing whatever I are three things. First, we should insist gone to trial and were sentenced, but could to help each of those families. upon the strict adherence to Oslo and we don’t know if they remain in prison. Once again, I began to better under- the reciprocity codified at Wye. The I was told that we know some have stand the way the Palestinian Author- purpose of the Wye accord was at long been released. ity leadership was approaching peace. last to force the Palestinians to com- There are reports that the Pales- How can one find peace with people ply with commitments before further tinian Authority allows them to leave who do not condemn terrorism? Mr. territory would be turned over. prison each day and return in the President, how is it possible to engage So at Wye, Israel agreed only to turn evening—like free room and board in peace negotiations with people who over territory in phases, in which it more than like prison. I was also pre- want to teach their children to die in a could verify Palestinian compliance at sented with stories of the lionization of holy war against you? How is it pos- each and every step. In the first phase, these murderers in the press and again sible to engage in peace negotiations Israel completed its redeployment in the classrooms. Try to imagine how with people who persecute those of after the Palestinian Authority com- you would feel, try to imagine what other faiths? How is it possible to en- pleted its tasks. In phase 2, the Pal- would be going through your mind gage in peace negotiations with people estinians did not meet all their obliga- when you are dealing with the grief of who keep terrorists on the loose to tions and, therefore, Israel has not yet the loss of your child. You know who is wreak havoc and evil against you and turned over the additional land. Reci- responsible. You know they know who praise them for heroism? procity makes no sense unless it is is responsible. You saw them go on Today the Israeli people are ex- based upon this formulation. Once trial. You saw them then released. You hausted by 50 years of violence against Israel has ceded territory, it is un- have to ask yourself, what are we going their homes and families, of sending likely it ever could recover it. The Pal- through this peace process for? their sons and daughters into the estinians, on the other hand, can turn I would like to mention one story of army, and they dream of a promised on and off their promises. In fact, this many that I heard. Mrs. Dosberg sat di- peace now. This is our hope and our is exactly what they have done. rectly across the table from me. When dream as well. But we must not get Second, we should stop paying she told us of the loss of her daughter confused. History is replete with exam- Arafat. Any funds provided to the Pal- and son-in-law, the lesson of these ples of compromises which bring terror estinian people should continue to go murders became so clear—we must and destroy dreams. through private voluntary organiza- fight terror and we cannot back off. In the United States, many people tions. We should also monitor much Mrs. Dosberg’s family, her daughter, seem to think that if we do not con- more closely the rampant corruption American son-in-law, and their 9- front these obstacles to peace and if we and mismanagement of funds provided month-old daughter attended a wed- look the other way, then we will be currently. ding in central Israel on June 9, 1996. able to come to an agreement. The re- And third, we must aggressively seek They decided not to bring their 2-year- ality, however, is just the opposite. If the bringing to justice of Palestinian old daughter along. Thank God. On the we do not acknowledge the attitudes terrorists who killed American citi- way home from the wedding they were and acts of those at the peace table, zens. I am told that our Justice De- stopped by Palestinian terrorists and then the peace process is already over, partment can do a better job here, that killed in a so-called drive-by shooting. and we just won’t admit it. they have a great deal of information Fifty bullets were found to have been In other words, the surest way to kill on the murderers of the Americans who used in this murder, and yet, by some the peace process is to avoid confronta- are free in the Palestinian areas and, miracle, the baby survived. Even with tion, to fear upsetting a belligerent indeed, can make some requests for in- a crime this gross, the Palestinian Au- force and to avoid addressing incite- dictments. It is time to do this. Let’s thority did not arrest everyone in- ment, violence, persecution and ter- put the needs of the American families volved or suspected in the shooting. rorism. The only way to keep the peace and other victims’ families over the One of those who remained free, it is process alive is to focus on truth, free- needs of those engaging in or sup- believed, later took part in the bomb- dom, security and justice. porting terrorism. ing of the Apropos Cafe, killing many Israeli efforts, to date, have sought Mr. President, these are very basic others. to keep the peace process alive, im- principles. I am not discussing today Another suspected killer, according prove security during the negotiating the intricacies of the peace process, to the Israeli Justice Ministry, was process, and obtain reciprocity as a U.S. funding, embassies, or any other under arrest but given permission to vital element of implementation. number of issues we will be discussing come and go as he pleases from prison. The process remains alive, but ter- this year in the Senate. We need to Mohammed Dief, another suspected rorism continues and is exalted by focus on a more fundamental level Palestinian terrorist, took part in the many in the Palestinian Authority, first. And I hope that this message will murder of two other Americans, at two and reciprocity does not exist. The be heard at 1600 Pennsylvania Avenue. different times, according to the moth- United States role has been to seek the What I mean when I say this is that ers with whom I spoke. Mrs. Sharon middle ground. Unfortunately, this I hope the President will hear the mes- Weinstock lost her 19-year-old son in a only rewards those willing to go to new sage. I say this from a standpoint not drive-by shooting masterminded by extremes. of arrogance, not of confrontation, and Dief. And only a year later, Mrs. The middle ground between Prime I do not mean it in a political way. I Wachsman told me of the kidnap-mur- Minister Netanyahu and Chairman just hope that the President will listen

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2205 and take another look at what he and industry is now in place and ready for enlightening, for involved organiza- his foreign policy team are trying to the May 1, 1999, start date. tions. To its credit, the FMC met the force the Israeli Government to do. The 1998 Act signals a paradigm shift challenge of promulgating the new reg- There cannot be peace until there is in the conduct of the ocean liner busi- ulations by the March 1, 1999 deadline. a change of heart. I returned from this ness and its regulation by the FMC. Now, I recognize that Congress issues trip with a newfound concern for the Where ocean carrier pricing and service many deadlines for the Executive future of Israel. I saw examples of in- options were diluted by the conference Branch, sometimes with little success. citement. I heard examples of persecu- system and ‘‘me too’’ requirements, an But I want to personally congratulate tion and hatred being taught through- unprecedented degree of flexibility and the FMC for its tremendous effort and out Palestinian society by their lead- choice will result. Where agency over- responsiveness to complete these regu- ers. When the people engaged in peace sight once focused on using rigid sys- lations on time. Not only did the FMC talks return from the negotiating table tems of tariff and contract filing to deliver its rules on time; the FMC’s only to disparage compromise and in- scrutinize individual transactions, the rules are clearly within the intent of cite violence, there can be no progress ‘‘big picture’’ of ensuring the existence Congress. I feel good about that. towards peace. of competitive liner service by a I want to express my gratitude to the Israel has come a long way since I healthy ocean carrier industry to fa- four FMC Commissioners, Chairman first began following the fate of this cilitate fair and open maritime com- Hal Creel, Ming Hsu, John Moran, and state and the people of Israel. In so merce among our trading partners will Delmond Won, for their leadership and many respects, life appears and feels become the oversight priority. wisdom during this process. This band normal. The economy is developing, Mr. President, as FMC Commissioner of four challenged the staff to think the standard of living is growing and Ming Hsu recently told a large gath- ‘‘outside the box’’ of the previous regu- improving. But just below the surface ering of shippers and industry rep- latory system and develop innovative of this normalcy, Mr. President, Israel resentatives, ‘‘This has been not only a methods to monitor the industry in a still faces a threat to the state’s very long journey, but a long needed jour- less intrusive manner. Also, I want to ney * * * With the passage of the Ocean existence. Israel’s survival remains, recognize the efforts of the FMC staff Shipping Reform Act and the FMC’s unfortunately, a very real and central members who worked long and hard to new regulations, I believe the maritime concern 50 years after its independence. meet Congress’ deadline: George Bow- Some people believe, however, that industry will be far less shackled by ers, Florence Carr, Jennifer Devine, burdensome and needless regulations by ignoring this threat, that the peace Rachel Dickon-Matney, Bruce * * * I believe we can now look forward process can succeed. Mr. President, it Dombrowski, Rebecca Fenneman, Vern to an environment which gives you the will fail. It is clear to me that many in Hill, Christopher Hughey, Amy Larson, freedom and flexibility to develop inno- the Palestinian leadership today see David Miles, Tom Panebianco, Austin vative solutions to your ever-changing the peace process toward the goal of Schmitt, Matthew Thomas, Bryant ocean transportation needs.’’ I couldn’t eliminating the State of Israel. VanBrakle, Ed Walsh, and Ted Zook. agree more. Their hard work and sweat will truly I suggest today that we get back to The FMC regulatory process bore the basics. Peace is not possible while benefit this Nation by enabling indus- some resemblance to the legislative try and its customers to prepare for teaching children to hate and kill. process that preceded it. A few early Peace is not possible while persecuting this new era of ocean shipping. steps started to head off in the wrong Mr. President, just as it took several those of other faiths. Peace is not pos- direction, but through honest dialogue years for the legislative process to bear sible while lionizing terrorism. We among the industry and the govern- fruit, I urge patience before evaluating must stand up for freedom, security, ment parties, the course was corrected the results of this rulemaking. I will and human dignity. We must stand up and the intent of the 1998 Act was em- continue to monitor the transition to ensure the security of Israel. We bodied in the regulations. Now the process for this fundamental change. must stand up in the Congress, and we FMC faces the challenge of imple- The Ocean Shipping Reform Act can’t must insist that our President stand menting the new regulations in a man- fix international economic imbalances with us. ner consistent with Congressional in- and uncertainties, but it will give the Today is the day to end American tent. industry and its customers much-need- pressure on Israel to force a peace Mr. President, through the 1998 Act, ed flexibility to work through many agreement. Today is the day to remem- the Congress directed the FMC to difficult situations. ber it is up to the people of Israel to de- spend less effort attempting to regu- Mr. President, The health of our Na- termine their own fate—their own se- late the day-to-day business of ocean tion’s economy depends on a healthy curity. We should pressure those who carriers and spend more effort on coun- system for international trade, and fill children with slogans of hatred and tering truly market distorting activi- therefore, a dependable ocean shipping holy war; we should pressure them to ties. This shift is made possible by giv- industry. The FMC rules will provide change. We should pressure those who ing exporters and importers greater op- the necessary certainty in a manner torture; we should pressure them to portunity and ability to use the mar- consistent with Congressional intent. change. We should pressure those who ketplace to satisfy their ocean shipping Again, I salute the FMC for being re- encourage and support terror and mur- requirements through less government sponsive. der, and those who rejoice in hatred. intervention. f That is where the pressure should be. Recent efforts by some countries to Now is the time, Mr. President, for a protect their domestic maritime indus- GRASSLEY-WYDEN INITIATIVE return to our principled stand. The tries by imposing restrictive trade LETTER only way to truly attain peace is to practices indicates that this shift in Mr. LOTT. Mr. President, I ask unan- support freedom, democracy and jus- emphasis is well-timed. I am particu- imous consent that a letter sent to all tice, and oppose the cycle of hatred. We larly concerned about China’s efforts Senators today addressing the proce- must face tyranny and oppression to impose greater regulatory control dures governing the use of holds, where it exists, condemn it, and stand over the ocean shipping industry as the signed by the Democratic leader, Sen- up for peace—real peace based upon se- rest of the world is heading in the op- ator DASCHLE, and myself, be placed in curity, freedom, and a change of heart. posite direction. While the Maritime the RECORD. This letter is a result of f Administration seem to be nearing an ongoing negotiations between Senators agreement eliminating unfair practices GRASSLEY and WYDEN, the Democratic OCEAN SHIPPING REFORM by Brazil, continued vigilance is re- leader and myself, beginning early in Mr. LOTT. Mr. President, on Feb- quired. As we are seeing with Japan’s the 105th Congress, and encourages all ruary 26, 1999, the Federal Maritime port practices, the problem can remain Members to make their legislative Commission (FMC) completed its rule- long after such an agreement is holds known. making to implement the Ocean Ship- reached. There being no objection, the letter ping Reform Act of 1998. The regu- Mr. President, I should point out that was ordered to be printed in the latory framework for the liner shipping paradigm shifts are often painful, but RECORD, as follows:

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2206 CONGRESSIONAL RECORD — SENATE March 3, 1999 U.S. SENATE, years on a broad range of national se- defense of civil liberties and freedom Washington, DC, February 25, 1999. curity policy issues. She has done an for the Chinese people. I ask unani- DEAR COLLEAGUE: As the 106th Congress be- outstanding job of meeting the needs of mous consent that the text of the arti- gins,we wish to clarify to all colleagues, pro- the Armed Services Committee, and I cle be printed in the RECORD. cedures governing the use of holds during the new legislative session. All Senators should have come to rely heavily on her ad- There being no objection, the article remember the Grassley and Wyden initia- vice and counsel. was ordered to be printed in the tive, calling for a Senator to ‘‘provide notice Mr. President, Sandi Stuart has also RECORD, as follows: to leadership of his or her intention to object become a good friend, and we will miss [From the Journal of Commerce, Feb. 8, 1999] to proceeding to a motion or matter [and] her. I want to take this opportunity to IMPROVING HUMAN RIGHTS IN CHINA disclose the hold in the Congressional thank her for her service to the coun- (By James A. Dorn) Record.’’ try, and to wish her continued success The use or threat of trade sanctions to ad- While we believe that all Members will in the private sector as she leaves the agree this practice of ‘‘secret holds’’ has vance human rights in China has done rel- been a Senatorial courtesy extended by Department of Defense. atively little to change policy in Beijing. party Leaders for many Congresses, it is our f Congress should consider alternative meas- ures to improve human rights in China. intention to address some concerns raised re- THE VERY BAD DEBT BOXSCORE garding this practice. Trade sanctions are a blunt instrument; Therefore, at the beginning of the first ses- Mr. HELMS. Mr. President, at the they often fail to achieve their objectives sion of the 106th Congress, all Members wish- close of business yesterday, Tuesday, and end up harming the very people they are ing to place a hold on any legislation or ex- March 2, 1999, the federal debt stood at intended to help. In the case of China, placing prohibitively ecutive calendar business shall notify the $5,649,288,631,596.74 (Five trillion, six sponsor of the legislation and the committee high tariffs on Chinese products entering the hundred forty-nine billion, two hun- United States in order to protest Beijing’s of jurisdiction of their concerns. Further, dred eighty-eight million, six hundred written notification should be provided to dismal human rights record would cost U.S. the respective Leader stating their inten- thirty-one thousand, five hundred nine- consumers billions of dollars. tions regarding the bill or nomination. Holds ty-six dollars and seventy-four cents). It would also slow the growth of China’s placed on items by a Member of a personal or One year ago, March 2, 1998, the fed- nonstate sector, which has allowed millions committee staff will not be honored unless eral debt stood at $5,514,791,000,000 of Chinese to move to more productive jobs accompanied by a written notification from outside the reach of the Communist Party. (Five trillion, five hundred fourteen Isolating China would reverse the progress the objecting Senator by the end of the fol- billion, seven hundred ninety-one mil- lowing business day. that has been made since economic reform lion). began in 1978 and would create political and We look forward to working with you to Five years ago, March 2, 1994, the fed- produce a successful new Congress. social instability. A better approach is to continue to open Best regards, eral debt stood at $4,554,852,000,000 China to the outside world and, at the same TRENT LOTT, (Four trillion, five hundred fifty-four time, use non-trade sanctions and diplomacy Majority Leader. billion, eight hundred fifty-two mil- to advance human rights. When China vio- TOM DASCHLE, lion). lates trade agreements or intellectual prop- Democratic Leader. Ten years ago, March 2, 1989, the fed- erty rights, however, it should be held ac- f eral debt stood at $2,743,744,000,000 (Two countable, and carefully targeted trade sanc- trillion, seven hundred forty-three bil- DEPARTURE OF SANDRA STUART tions may be warranted. lion, seven hundred forty-four million). AS ASSISTANT SECRETARY OF The piracy of intellectual property is a se- Fifteen years ago, March 2, 1984, the rious problem for Western firms. China has DEFENSE FOR LEGISLATIVE AF- federal debt stood at $1,468,923,000,000 been a major offender of copyright laws and FAIRS (One trillion, four hundred sixty-eight needs to comply with the rule of law. China’s Mr. LEVIN. Mr. President, last week billion, nine hundred twenty-three mil- membership in the World Trade Organization should be conditioned on Beijing’s adherence the Defense Department and the Con- lion) which reflects a debt increase of gress lost the services of an out- to international law. more than $4 trillion— The problem is that most less-developed standing public servant when Sandi $4,180,365,631,596.74 (Four trillion, one countries, and even some developed coun- Stuart stepped down as the Assistant hundred eighty billion, three hundred tries, violate intellectual property rights. Secretary of Defense for Legislative sixty-five million, six hundred thirty- Using economic sanctions to punish pirates Affairs. one thousand, five hundred ninety-six sounds good in theory, but in practice sanc- For the last six years, beginning in dollars and seventy-four cents) during tions are seldom effective. 1993, Sandi Stuart has served as the the past 15 years. The real solution to piracy may have to senior legislative advisor to three Sec- wait for technological changes that make it f very costly to steal intellectual property. retaries of Defense—our former col- And it may have to wait for the rule of law league the late Les Aspin; Dr. Bill IMPROVING HUMAN RIGHTS IN CHINA to evolve in China and other less-developed Perry; and the current Secretary of De- countries. fense Bill Cohen. During this time she Mr. ABRAHAM. I would like to call As China develops its own intellectual has earned a well-deserved reputation to the attention of my colleagues an property, there will be a demand for new as a skilled legislative strategist and article on ‘‘Improving Human Rights in laws to protect property rights. The uncer- an effective spokesperson for the Sec- China’’ written by Jim Dorn, vice tainty created by China’s failure to protect retary of Defense and for the interests president for academic affairs at the these rights can only harm China in the long run. Investors will not enter a market if of the men and women in uniform and Cato Institute. Dorn advocates that they cannot reap most of the benefits of their families. Congress return to legislation ‘‘de- their investments. At the same time, because of her ex- signed to change China’s stand on Fan Gang, an economist at the Chinese tensive experience over almost 15 years human rights and to liberate the Chi- Academy of Social Sciences, predicts that in senior staff positions in the House of nese people from religious and political things will change in China as people dis- Representatives, Sandi had tremendous persecution.’’ This call is particularly cover that clearly defined and enforced prop- credibility on Capitol Hill as someone timely given the most recent wave of erty rights are to their advantage. People, he said, ‘‘are bound to find that all who understood how Congress worked. repression against those inside China this cheating and protecting yourself from She knew that to be successful working who seek to widen freedom and polit- being cheated consume too much time and with Congress—particularly in the area ical discourse in that country. Higher energy, and that the best way to do business of national security policy—requires an taxes in the form of higher tariffs is is playing by a set of mutually respected ability to work closely with members not the answer, as Dorn points out. rules. New rules and laws will be passed, and and staff on both sides of the aisle. She However, that does not mean America people will be ready to abide by them.’’ did that very well, and leaves the De- and the U.S. Congress, and, indeed, the The United States has considerable lever- fense Department with the respect and President, should not be strongly advo- age in dealing with China and should not let it dictate U.S. foreign policy or allow human gratitude of Democratic and Repub- cating the rule of law and respect for rights to be a nonissue. lican members and staff alike. political dissent in China. I recommend The United States is China’s largest export Mr. President, I have worked closely Jim Dorn’s piece to my colleagues and market, and U.S. investors rank third in with Sandi Stuart for the past six encourage continued vigilance in the terms of foreign direct investment in China.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2207 Clearly China would be harmed by any sig- The message also announced that expenditures of countries receiving U.S. as- nificant cutback in trade with an investment pursuant to the provisions of section sistance in 1998; to the Committee on Appro- from the United States. 6(b) of the National Foundation on the priations. The problem is that any sizable cutback EC–1969. A communication from the Dep- would also harm the United States and the Arts and the Humanities Act of 1965, as uty Associate Director for Royalty Manage- world economy. amended by section 346(e) of Public ment, Minerals Management Service, De- To avoid the high costs (and low probable Law 105–83, the Speaker appoints the partment of the Interior, transmitting, pur- benefits) that stem from the use of trade following Member of the House to the suant to law, a notice of proposed refunds or sanctions, Congress should consider using National Council on the Arts: Mr. recoupments of offshore lease revenues dated February 17, 1999; to the Committee on En- non-trade sanctions such as cutting of the BALLENGER of North Carolina. flow of taxpayer-financed aid to China—in- ergy and Natural Resources. The message further announced that EC–1970. A communication from the Under cluding aid from the International Monetary the provisions of subsection (c)(3) of Funds, the World Bank, and the Asian Devel- Secretary of Defense (Comptroller), trans- opment Bank. the Trade Deficit Review Commission mitting, pursuant to law, certification that Another possible non-trade sanction is Act (division A, Public Law 105–277), the Future Years Defense Program fully making public the names of companies the Speaker appoints the following per- funds the support costs of the E–2C ‘‘Hawk- known to be using prison labor or companies son on the part of the House to the eye’’ multiyear procurement program; to the run by the People’s Liberation Army so that Committee on Armed Services. Trade Deficit Review Commission: Mrs. EC–1971. A communication from the Direc- U.S. consumers can boycott their products. Carla Anderson Hills of Washington, The China Sanctions and Human Rights tor of the Office of Regulatory Management Advancement Act, S. 810, introduced in the D.C. and Information, Environmental Protection Agency, transmitting, pursuant to law, the 105th Congress by Sen. Spencer Abraham, R- f report of a rule entitled ‘‘Pyriproxyfen; Pes- Mich., lists those and other measures de- ticide Tolerances for Emergency Exemp- signed to move China toward a free society. MEASURES REFERRED tions’’ (FRL6062–4) received on February 22, The 106th Congress should return to that The following bills were read the first 1999; to the Committee on Agriculture, Nu- and other legislation designed to change Chi- and second times by unanimous con- trition, and Forestry. na’s stand on human rights and to liberate sent and referred as indicated: EC–1972. A communication from the Chief the China people from religious and political of the Regulations Unit, Internal Revenue H.R. 221. An act to amend the Fair Labor prosecution. Service, Department of the Treasury, trans- Standards Act of 1938 to permit certain (The passage of H.R. 2647, one of four mitting, pursuant to law, the report of a rule youth to perform certain work with wood ‘‘Freedom of China’’ bills enacted by the entitled ‘‘Election in Respect of Losses At- products; to the Committee on Health, Edu- 105th Congress as part of the 1999 Defense tributable to a Disaster’’ (Rev. Rul. 99–13) re- Authorization Act, is a step in the right di- cation, Labor, and Pensions. ceived on February 22, 1999; to the Com- rection. That bill requires publication of the H.R. 514. An act to amend the Communica- mittee on Finance. names of PLA-run companies operating in tions Act of 1934 to strengthen and clarify EC–1973. A communication from the Assist- the United States.) prohibitions on electronic eavesdropping, ant Legal Adviser for Treaty Affairs, Depart- Congess should recognize that advancing and for other purposes; to the Committee on ment of State, transmitting, pursuant to economic freedom in China has had positive Commerce, Science, and Transportation. law, a list of international agreements other effects on the growth of China’s civil society H.R. 609. An act to amend the Export Apple than treaties entered into by the United and on personal freedom. and Pear Act to limit the applicability of the States (99–14 to 99–18); to the Committee on According to Chinese dissident Wang Dan, Act to apples; to the Committee on Banking, Foreign Relations. ‘‘Economic change does influence political Housing, and Urban Affairs. EC–1974. A communication from the Gen- change. China’s economic development will H.R. 669. An act to amend the Peace Corps eral Counsel of the Federal Emergency Man- be good for the West as well as for the Chi- Act to authorize appropriations for fiscal agement Agency, transmitting, pursuant to nese people.’’ years 2000 through 2003 to carry out that Act, law, the report of a rule entitled ‘‘Changes in f and for other purposes; to the Committee on Flood Elevation Determination’’ (64 FR7107) Foreign Relations. received on February 22, 1999; to the Com- MESSAGES FROM THE HOUSE H.R. 818. An act to amend the Small Busi- mittee on Banking, Housing, and Urban Af- At 1:17 p.m., a message from the ness Act to authorize a pilot program for the fairs. implementation of disaster litigation meas- EC–1975. A communication from the Gen- House of Representatives, delivered by eral Counsel of the Federal Emergency Man- Mr. Hays, one of its reading clerks, an- ures by small business; to the Committee on Small Business. agement Agency, transmitting, pursuant to nounced that the House has passed the H.J. Res. 32. Joint resolution expressing law, the report of a rule entitled ‘‘Final following bills and joint resolution, in the sense of the Congress that the President Flood Elevation Determinations’’ (64 FR7109) which it requests the concurrence of and Congress should join in undertaking the received on February 22, 1999; to the Com- the Senate: Social Security Guarantee Initiative to mittee on Banking, Housing, and Urban Af- strengthen the Social Security program and fairs. H.R. 221. An act to amend the Fair Labor EC–1976. A communication from the Gen- protect the retirement income security of all Standards Act of 1938 to permit certain eral Counsel of the Federal Emergency Man- Americans for the 21st century; to the Com- youth to perform certain work with wood agement Agency, transmitting, pursuant to products. mittee on Finance. law, the report of a rule entitled ‘‘Changes in H.R. 514. An act to amend the Communica- f Flood Elevation Determination’’ (Docket tions Act of 1934 to strengthen and clarify FEMA7272) received on February 22, 1999; to prohibitions on electronic eavesdropping, MEASURE PLACED ON THE the Committee on Banking, Housing, and and for other purposes. CALENDAR Urban Affairs. H.R. 609. An act to amend the Export Apple EC–1977. A communication from the Man- and Pear Act to limit the applicability of the The following bills were read the sec- aging Director of the Federal Housing Fi- Act to apples. ond time and placed on the calendar: nance Board, transmitting, pursuant to law, H.R. 669. An act to amend the Peace Corps H.R. 350. An act to improve congressional the report of a rule entitled ‘‘Revisions to Act to authorize appropriations for fiscal deliberations on proposed Federal private the Freedom of Information Act Regulation’’ years 2000 through 2003 to carry out that Act, sector mandates, and for other purposes. (RIN3069–AA71) received on February 22, 1999; and for other purposes. S. 508. A bill to prohibit implementation of to the Committee on Banking, Housing, and H.R. 818. An act to amend the Small Busi- ‘‘Know Your Customer’’ regulations by the Urban Affairs. ness Act to authorize a pilot program for the Federal banking agencies. EC–1978. A communication from the Sec- implementation of disaster mitigation meas- retary of Transportation, transmitting, pur- ures by small business. f suant to law, the Department’s annual re- H.R. 882. An act to nullify any reservation EXECUTIVE AND OTHER port under the Superfund Amendments and of funds during fiscal year 1999 for guaran- Reauthorization Act for fiscal year 1998; to teed loans under the Consolidated Farm and COMMUNICATIONS the Committee on Environment and Public Rural Development Act for qualified begin- The following communications were Works. ning farmers or ranchers, and for other pur- laid before the Senate, together with EC–1979. A communication from the Direc- poses. accompanying papers, reports, and doc- tor of the Office of Regulatory Management H.J. Res. 32. Joint resolution expressing and Information, Environmental Protection the sense of the Congress that the President uments, which were referred as indi- Agency, transmitting, pursuant to law, the and the Congress should join in undertaking cated: report of a rule entitled ‘‘Approval and Pro- the Social Security Guarantee Initiative to EC–1968. A communication from the Assist- mulgation of Implementation Plans: Revi- strengthen the Social Security program and ant Secretary for Legislative Affairs, De- sions to the Alabama Department of Envi- protect the retirement income security of all partment of State, transmitting, pursuant to ronmental Management (ADEM) Adminis- Americans for the 21st century. law, the Department’s report on the military trative Code for the Air Pollution Control

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2208 CONGRESSIONAL RECORD — SENATE March 3, 1999 Program’’ (FRL6236–1) received on February EC–1993. A communication from the Chair- ing Sea and Aleutian Islands Management 22, 1999; to the Committee on Environment man of the Council of the District of Colum- Area’’ (I.D. 020999B) received on February 17, and Public Works. bia, transmitting, pursuant to law, a report 1999; to the Committee on Commerce, EC–1980. A communication from the Direc- on D.C. Act 12–607, ‘‘Health Benefits Plan Science, and Transportation. tor of the Office of Regulatory Management Members Bill of Rights Act of 1998’’; to the EC–2004. A communication from the Acting and Information, Environmental Protection Committee on Governmental Affairs. Director of the Office of Sustainable Fish- Agency, transmitting, pursuant to law, the EC–1994. A communication from the Chair- eries, National Marine Fisheries Service, De- report of a rule entitled ‘‘Michigan: Final man of the Council of the District of Colum- partment of Commerce, transmitting, pursu- Authorization of State Hazardous Waste bia, transmitting, pursuant to law, a report ant to law, the report of a rule entitled Management Program Revision’’ (FRL6236–2) on D.C. Act 12–586, ‘‘Sex Offender Registra- ‘‘Fisheries of the Exclusive Economic Zone received on February 22, 1999; to the Com- tion Risk Assessment Clarification Amend- Off Alaska; Pollock by Vessels Catching Pol- mittee on Environment and Public Works. ment Act of 1998’’; to the Committee on Gov- lock for Processing by the Mothership Com- EC–1981. A communication from the Direc- ernmental Affairs. ponent in the Bering Sea Subarea’’ (I.D. tor of the Office of Congressional Affairs, Nu- EC–1995. A communication from the Chair- 021799A) received on February 22, 1999; to the clear Regulatory Commission, transmitting, man of the Council of the District of Colum- Committee on Commerce, Science, and pursuant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report Transportation. ‘‘Changes to Quality Assurance Programs’’ on D.C. Act 12–576, ‘‘Closing of a Public Alley EC–2005. A communication from the Acting Director of the Office of Sustainable Fish- (RIN3150–AG20) received on February 22, 1999; in Square 371, S.O. 96–202, Act of 1998’’; to the eries, National Marine Fisheries Service, De- to the Committee on Environment and Pub- Committee on Governmental Affairs. partment of Commerce, transmitting, pursu- lic Works. EC–1996. A communication from the Chair- EC–1982. A communication from the Ad- man of the Council of the District of Colum- ant to law, the report of a rule entitled ministrator of the U.S. General Services Ad- bia, transmitting, pursuant to law, a report ‘‘Fisheries of the Exclusive Economic Zone ministration, transmitting, pursuant to law, on D.C. Act 12–576, ‘‘Establishment of Coun- Off Alaska; Pollock in Statistical Area 620 of the Report of Activities required by the Ar- cil Contract Review Criteria, Alley Closing, the Gulf of Alaska’’ (I.D. 021699B) received on chitectural Barriers Act for 1988; to the Com- Budget Support, and Omnibus Regulatory February 22, 1999; to the Committee on Com- mittee on Environment and Public Works. Reform Amendment Act of 1998’’; to the merce, Science, and Transportation. EC–2006. A communication from the Direc- EC–1983. A communication from the Mem- Committee on Governmental Affairs. tor of the Bureau of Economic Analysis, De- bers of the Railroad Retirement Board, EC–1997. A communication from the Chair- partment of Commerce, transmitting, pursu- transmitting, pursuant to law, the Board’s man of the Council of the District of Colum- ant to law, the report of a rule entitled ‘‘Di- annual report under the Government in the bia, transmitting, pursuant to law, a report rect Investment Surveys: Raising Exemption Sunshine Act for calendar year 1998; to the on D.C. Act 12–380, ‘‘Assault on an Inspector Level for Annual Survey of Foreign Direct or Investigator and Revitalization Corpora- Committee on Governmental Affairs. Investment in the United States’’ (RIN0691– EC–1984. A communication from the Sec- tion Amendment Act of 1998’’; to the Com- AA32) received on February 24, 1999; to the retary of Defense, transmitting notice of a mittee on Governmental Affairs. Committee on Commerce, Science, and EC–1998. A communication from the Chair- routine military retirement in the Navy; to Transportation. the Committee on Armed Services. man of the Council of the District of Colum- EC–2007. A communication from the Asso- EC–1985. A communication from the Comp- bia, transmitting, pursuant to law, a report ciate Managing Director for Performance troller General of the United States, trans- on D.C. Act 12–609, ‘‘Comprehensive Plan Evaluation and Records Management, Fed- mitting, pursuant to law, the Comptroller Amendment Act of 1998’’; to the Committee eral Communications Commission, transmit- General’s Annual Report for fiscal year 1998; on Governmental Affairs. ting, pursuant to law, the report of a rule en- to the Committee on Governmental Affairs. EC–1999. A communication from the Sec- titled ‘‘Policies and Rules for Alternative In- EC–1986. A communication from the Comp- retary of Transportation, transmitting, pur- centive Based Regulation of Comsat Cor- troller General of the United States, trans- suant to law, notice that on January 31, 1999, poration’’ (Docket 98–60) received on Feb- mitting, pursuant to law, a list of General the Deputy Director of Intermodalism, and ruary 22, 1998; to the Committee on Com- Accounting Office reports issued or released first assistant to the Associate Deputy Sec- merce, Science, and Transportation. in January 1999; to the Committee on Gov- retary, was Designated to serve in the va- EC–2008. A communication from the Asso- ernmental Affairs. cant Associate Deputy Secretary position in ciate Managing Director for Performance EC–1987. A communication from the Chair- an acting capacity; to the Committee on Evaluation and Records Management, Fed- man of the Council of the District of Colum- Commerce, Science, and Transportation. eral Communications Commission, transmit- bia, transmitting a report on D.C. Act 12–633, EC–2000. A communication from the Sec- ting, pursuant to law, the report of a rule en- ‘‘Closing of Public Alleys in Square 51, S.O. retary of Transportation, transmitting, a titled ‘‘Table of Allotments, FM Broadcast 98–145, Temporary Act of 1999’’; to the Com- draft of proposed legislation entitled ‘‘The Stations (Sheridan, Wyoming and Colstrip, mittee on Governmental Affairs. Hazardous Material Transportation Safety Montana’’ (Docket 98–134) received on Feb- EC–1988. A communication from the Chair- Reauthorization Act’’; to the Committee on ruary 22, 1998; to the Committee on Com- man of the Council of the District of Colum- Commerce, Science, and Transportation. merce, Science, and Transportation. bia, transmitting, pursuant to law, a report EC–2001. A communication from the Dep- EC–2009. A communication from the Asso- on D.C. Act 12–574, ‘‘Home Purchase Assist- uty Assistant Administrator for Fisheries, ciate Managing Director for Performance ance Step Up Fund Act of 1998’’; to the Com- National Marine Fisheries Service, Depart- Evaluation and Records Management, Fed- mittee on Governmental Affairs. ment of Commerce, transmitting, pursuant eral Communications Commission, transmit- EC–1989. A communication from the Chair- to law, the report of a rule entitled ‘‘Fish- ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- eries of the Northeastern United States; titled ‘‘Table of Allotments, FM Broadcast bia, transmitting, pursuant to law, a report American Lobster Fishery; Fishery Manage- Stations (St. Marys, West Virginia)’’ (Docket on D.C. Act 12–631, ‘‘Annuitants’ Health and ment Plan (FMP) Amendments to Achieve 97–245) received on February 22, 1998; to the Life Insurance Employer Contribution Tem- Regulatory Consistency on Permit Related Committee on Commerce, Science, and porary Amendment Act of 1999’’; to the Com- Provisions for Vessels Issued Limited Access Transportation. mittee on Governmental Affairs. Federal Fishery Permits’’ (I.D. 100798B) re- EC–2010. A communication from the Asso- EC–1990. A communication from the Chair- ceived on February 22, 1999; to the Com- ciate Managing Director for Performance man of the Council of the District of Colum- mittee on Commerce, Science, and Transpor- Evaluation and Records Management, Fed- bia, transmitting, pursuant to law, a report tation. eral Communications Commission, transmit- on D.C. Act 12–632, ‘‘Bethea-Welch Post 7284, EC–2002. A communication from the Direc- ting, pursuant to law, the report of a rule en- Veterans of Foreign Wars Equitable Real tor of the Office of Sustainable Fisheries, titled ‘‘Table of Allotments, FM Broadcast Property Tax Relief Temporary Act of 1999’’; National Marine Fisheries Service, Depart- Stations (Dayton, Washington and Weston, to the Committee on Governmental Affairs. ment of Commerce, transmitting, pursuant Oregon’’ (Docket 98–90) received on February EC–1991. A communication from the Chair- to law, the report of a rule entitled ‘‘Fish- 22, 1998; to the Committee on Commerce, man of the Council of the District of Colum- eries of the Exclusive Economic Zone Off Science, and Transportation. EC–2011. A communication from the Chair- bia, transmitting, pursuant to law, a report Alaska; Pollock in Statistical Area 610 of the man of the Federal Maritime Commission, on D.C. Act 12–629, ‘‘TANF-related Medicaid Gulf of Alaska’’ (I.D. 012999B) received on transmitting, pursuant to law, the report of Managed Care Program Technical Clarifica- February 17, 1999; to the Committee on Com- a rule entitled ‘‘Marine Terminal Operator tion Temporary Amendment Act of 1999’’; to merce, Science, and Transportation. Schedules’’ (Docket 98–27) received on Feb- the Committee on Governmental Affairs. EC–2003. A communication from the Acting ruary 22, 1999; to the Committee on Com- EC–1992. A communication from the Chair- Director of the Office of Sustainable Fish- merce, Science, and Transportation. man of the Council of the District of Colum- eries, National Marine Fisheries Service, De- bia, transmitting, pursuant to law, a report partment of Commerce, transmitting, pursu- f on D.C. Act 12–628, ‘‘Advisory Neighborhood ant to law, the report of a rule entitled INTRODUCTION OF BILLS AND Commissions Management Control and ‘‘Fisheries of the Exclusive Economic Zone JOINT RESOLUTIONS Funding Temporary Amendment Act of Off Alaska; Pollock by Vessels Catching Pol- 1999’’; to the Committee on Governmental lock for Processing by the Mothership Com- The following bills and joint resolu- Affairs. ponent in the Bering Sea Subarea of the Ber- tions were introduced, read the first

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2209 and second time by unanimous con- incorporate the preamble to the Constitution vada. In 1950 he entered politics and sent, and referred as indicated: of the United States, the Bill of Rights, and was elected district attorney in Reno. a list of the Articles of the Constitution on By Mr. REID (for himself and Mr. As District Attorney he compiled an the reverse side of such currency; to the BRYAN): impressive prosecution record and S. 513. A bill to designate the new hospital Committee on Banking, Housing, and Urban Affairs. founded the National District Attorney bed replacement building at the Ioannis A. Association. Lougaris Department of Veterans Affairs By Mr. GRAHAM (for himself, Mr. Medical Center in Reno, Nevada, in honor of GRASSLEY, Mr. DEWINE, Mr. During the next 43 years of private Jack Streeter; to the Committee on Vet- TORRICELLI, Mrs. HUTCHISON, and Mr. legal practice, jack specialized in busi- erans Affairs. KERREY): ness law representing a variety of dif- By Mr. COCHRAN: S. 526. A bill to amend the Internal Rev- ferent enterprises. He was active in S. 514. A bill to improve the National Writ- enue Code of 1986 to allow issuance of tax-ex- many civic groups serving as president empt private activity bonds to finance pub- ing Project; to the Committee on Health, of the Nevada State Jaycees, Sertoma Education, Labor, and Pensions. lic-private partnership activities relating to By Mr. AKAKA (for himself, Mr. SMITH school facilities in public elementary and Club, Reno Navy League, and Chair- of New Hampshire, Mr. REID, Mrs. secondary schools, and for other purposes; to man of the Commissioning Committee FEINSTEIN, Mr. LEVIN, Mr. LAUTEN- the Committee on Finance. for the U.S.S. Nevada trident sub- BERG, Mr. TORRICELLI, and Mr. SCHU- By Mr. HATCH: marine. MER): S. 527. A bill to amend the Harmonized Jack is on the boards of directors of S. 515. A bill to amend the Packers and Tariff Schedule of the United States to sus- the Society of the First Infantry Divi- Stockyards Act of 1921, to make it unlawful pend temporarily the duty with respect to for any stockyard owner, market agency, or the personal effects of participants in cer- sion, the University of Nevada Founda- dealer to transfer or market nonambulatory tain athletic events; to the Committee on Fi- tion, Saint Mary’s Hospital Founda- livestock, and for other purposes; to the nance. tion, and he is a Knight of Malta. He Committee on Agriculture, Nutrition, and By Mr. SPECTER: also serves as the president of the Forestry. S. 528. A bill to provide for a private right World Association of Lawyers. By Mr. THOMAS: of action in the case of injury from the im- Veterans in northern Nevada have S. 516. A bill to benefit consumers by pro- portation of certain dumped and subsidized long needed this new wing to their VA moting competition in the electric power in- merchandise; to the Committee on Finance. dustry, and for other purposes; to the Com- Medical Center and it is only fitting mittee on Energy and Natural Resources. f that it be named in honor of Nevada’s By Mr. GRAHAM (for himself, Mr. STATEMENTS ON INTRODUCED most decorated veteran from World CHAFEE, Ms. MIKULSKI, Mr. DEWINE, BILLS AND JOINT RESOLUTIONS War II. and Mr. ROBB): The new facility I am requesting be S. 517. A bill to assure access under group By Mr. REID (for himself and Mr. health plans and health insurance coverage BRYAN): named in honor of Jack Streeter is lo- to covered emergency medical services; to S. 513. A bill to designate the new cated in the complex known as the the Committee on Health, Education, Labor, hospital bed replacement building at Ioannis A. Lougaris Va Medical Center. and Pensions. the Ioannis A. Lougaris Department of Mr. Lougaris was the first living indi- By Mr. ABRAHAM: Veterans Affairs Medical Center in vidual to have a VA Medical Center S. 518. A bill for the relief of Patricia E. named in his honor. Krieger of Port Huron, Michigan; to the Reno, Nevada, in honor of Jack Street- Committee on the Judiciary. er; to the Committee on Veterans’ Af- Before World War II, John Lougaris By Mr. BIDEN: fairs. remembered the veterans of World War S. 519. A bill to direct the Secretary of the IOANIS A. LOUGARIS DEPARTMENT OF VETERANS I and the lack of medical aid, espe- Interior to make corrections to a map relat- AFFAIRS MEDICAL CENTER cially in Nevada. As a National Execu- ing to the Coastal Barrier Resources System; Mr. REID. Mr. President, I rise today tive Committeeman from Nevada, he to the Committee on Energy and Natural Re- made many trips to Washington, DC, sources. to introduce a bill to designate the new By Mr. DURBIN: hospital bed replacement building at sixteen of them at his own expense, en- S. 520. A bill for the relief of Janina the Ioannis A. Lougaris Medical Center deavoring to get a Veterans Hospital Altagracia Castillo-Rojas and her husband, in Reno, Nevada, in honor of Mr. Jack established in Reno. Diogenes Patricio Rojas; to the Committee Streeter. The first success was a 26-bed unit, on the Judiciary. Jack Streeter is Nevada’s most deco- built in 1939 with a $100,000 federal By Mr. LEAHY (for himself, Mr. CAMP- grant. In 1944, John’s efforts led to in- BELL, Mr. SCHUMER, Mr. FEINGOLD, rated veteran from World War II. He creasing the facility to 125 beds. He did and Mr. TORRICELLI): was born on December 1, 1921 in Ely, S. 521. A bill to amend part Y of title I of Nevada. For his valiant service, he was not stop working and today the Reno the Omnibus Crime Control and Safe Streets awarded five Silver Stars, five Purple VA Medical Center which bears his Act of 1968 to provide for a waiver of or re- Hearts and the two Bronze Stars. He honorable name, serves Nevada’s vet- duction in the matching funds requirement was a combat infantryman and served erans well as a 107 bed facility which in the case of fiscal hardship; to the Com- with the 1st Infantry Division (Big Red includes a 60 bed nursing home facility mittee on the Judiciary. and 12 intensive care unit beds. The By Mr. LAUTENBERG (for himself, One). He left the service as a captain, Mr. TORRICELLI, Mrs. BOXER, Mr. LIE- U.S. Army. new bed replacement facility, which BERMAN, and Mrs. FEINSTEIN): Mr. Streeter has an incredible life the bill I am offering today seeks to S. 522. A bill to amend the Federal Water history of business and professional name after Jack Streeter, was built at Pollution Control Act to improve the quality success. Mr. Streeter is an attorney at the cost of $27 million and brings this of beaches and coastal recreation water, and law, practicing for over forty years in hospital to a modern day standard. for other purposes; to the Committee on En- In recognition of John Lougaris’s de- vironment and Public Works. the State of Nevada. By Mr. INOUYE (for himself and Mr. Jack graduated from the University votion, deep interest, and untiring ef- AKAKA): of Nevada Reno in 1943, where upon forts in the development of a hospital S. 523. A bill to amend the Internal Rev- after completing Officer Candidate to serve veterans in Nevada and North- enue Code of 1986 to treat certain hospital School at Fort Benning, Georgia, he ern California, the Congress of the support organizations as qualified organiza- entered the U.S. Army as a second lieu- United States, by Public Law 97–66, re- tions for purposes of section 514(c)(9); to the tenant. He saw combat throughout Eu- dedicated the Reno VA Medical Center Committee on Finance. as the Ioannis A. Lougaris VA Medical By Mr. INOUYE: rope in the Second World War in such S. 524. A bill to amend the Organic Act of places as the Normandy invasion on D- Center on December 17, 1981. Guam to provide restitution to the people of Day, the Battle of the Bulge, the St. Lo It was certainly a well deserved ges- Guam who suffered atrocities such as per- Breakthrough, Battle of Mortain, Bat- ture when Congress designated the VA sonal injury, forced labor, forced marches, tle of Mons, Battle of Aaachen, and the Medical Center in honor of Ioannis A. internment, and death during the occupation Battle of Hurtgen Forest. Lougaris. It would now be equally fit- of Guam in World War II, and for other pur- After leaving the Army in 1945, Jack ting to name the new hospital wing in poses; to the Committee on the Judiciary. By Mr. WARNER: attended Hastings Law School in San honor of Mr. Jack Streeter for his out- S. 525. A bill to require the Secretary of Francisco, California, graduating in standing record of service to this Na- the Treasury to redesign the $1 bill so as to 1948. He returned to practice law in Ne- tion.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2210 CONGRESSIONAL RECORD — SENATE March 3, 1999 Mr. BRYAN. Mr. President, I am Health, Education, Labor, and Pen- By Mr. AKAKA (for himself, Mr. proud to join with my friend and col- sions. SMITH of New Hampshire, Mr. league from Nevada, Senator REID, in LEGISLATION TO REAUTHORIZE THE NATIONAL REID, Mrs. FEINSTEIN, Mr. introducing this important legislation WRITING PROJECT LEVIN, Mr. LAUTENBERG, Mr. today to honor an individual whose ex- Mr. COCHRAN. Mr. President, today, TORRICELLI, and Mr. SCHUMER): traordinary military service record and I am introducing legislation to reau- S. 515. A bill to amend the Packers faithful commitment to his community thorize the National Writing Project, and Stockyards Act of 1921, to make it warrants special recognition. the only Federal program to improve unlawful for any stockyard owner, As Senator REID has explained, in the the teaching of writing in America’s market agency, or dealer to transfer or next few months a new wing will be classrooms. market nonambulatory livestock, and Literacy is at the foundation of dedicated at the Ioannis A. Lougaris for other purposes; to the Committee school and workspace success, of citi- VA Medical Center in Reno, Nevada. on Agriculture, Nutrition, and For- zenship in a democracy, and of learning This five-story, 110-bed tower is a wel- estry. come addition to the Reno VAMC, and in all disciplines. The National Writing will provide veterans in northern Ne- Project has been instrumental in help- DOWNED ANIMAL PROTECTION ACT vada with the modern facilities and ing teachers develop better teaching Mr. AKAKA. Mr. President, today I quality inpatient care they so clearly skills so they can help our children im- am introducing the Downed Animal deserve. The purpose of the legislation prove their ability to read, write, and Protection Act, a bill to eliminate in- we are introducing today is to name think. humane and improper treatment of As the United States continues to that new wing after Mr. Jack Streeter, downed animals at stockyards. The leg- face a crisis in wiring in school height- an individual whose lifetime is islation prohibits the sale or transfer ened by the growing number of at-risk hallmarked by his exemplary service of downed animals unless they have record, his steadfast dedication to the students due to limited English pro- ficiency and the shortage of adequately been humanely euthanized. veterans community and his leadership Downed animals are severely dis- in numerous charitable and nonprofit trained teachers, continued Federal support for a program that works such tressed recumbent animals that are too organization. sick to rise or move on their own. Once I have had the opportunity to know as the National Writing Project is im- an animal becomes immobile, it must Jack for many years now, dating back perative. The National Writing Project is a na- remain where it has fallen, often with- to my tenure as governor of Nevada. tional network of university-based out receiving the most basic assist- Anyone who has come into contact teacher training programs designed to ance. Downed animals that survive the with Jack Streeter, and who had the improve the teaching of writing and stockyard are slaughtered for human occasion to talk with Jack and learn student achievement in writing. consumption. more about his experiences, can under- Through its professional development stand and appreciate what an extraor- These animals are extremely dif- model, the National Writing Project ficult, if not impossible, to handle hu- dinary individual this man is. recognizes the primary importance of Jack Streeter’s military service manely. They have very demanding teacher knowledge, expertise, and lead- needs, and must be fed and watered in- record is quite well known in the state ership. The National Writing Project dividually. The suffering of downed of Nevada. He is, in fact, the most operates on a teachers-teaching teach- animals is so severe that the only hu- decorated World War Two veteran in ers model. Successful writing teachers mane solution to their plight is imme- Nevada, having earned five Purpose attend Invitational Summer Institutes diate euthanasia. Hearts, five Silver Stars, and two at their local universities. During the Bronze Stars in the European Theater. school year these teachers provide Mr. President, the bill I introduce Let me repeat that Mr. President, be- workshops for other teachers in the today requires that these hopelessly cause it truly is an astounding record. schools. sick and injured animals be euthanized Five Purple Hearts, five Silver Stars, Teachers of all subjects benefit from by humane methods that rapidly an ef- and two Bronze Stars. the training, and the success of stu- fectively render animals insensitive to As a young second lieutenant during dents who are taught by Writing pain. Humane euthanasia of downed the war, Jack saw action from the Al- Project teachers is evident: they score animals will limit animal suffering and lied invasion of Normandy to the deci- better not just on writing examina- will encourage the livestock industry sive Battle of the Bulge in the winter tions, but in reading, mathematics, and to concentrate on improved manage- of 1944–45. Upon leaving the service in in other subjects. ment and handling practices to avoid 1946, Mr. Streeter earned a law degree Since 1973, the National Writing this problem. from Hastings Law School in San Fran- Project has served over 1.8 million Downed animals compromise a tiny cisco and later returned to Reno, where teaches and administrators. Each year fraction, less than one-tenth of one he was soon elected as district attor- over 150,000 participants benefit from percent, of animals at stockyards. Ban- ney. He later found the National Dis- the National Writing Project programs ning their sale or transfer would cause trict Attorney Association and partici- in 1 of 156 United States sites located no economic hardship. The Downed pated in numerous civic organizations in 46 States and Puerto Rico. The Na- Animal Protection Act will prompt and foundations. tional Writing Project generates $6.47 stockyards to refuse crippled and dis- Jack Streeter’s distinguished mili- for every Federal dollar. tressed animals, and will make the pre- I am pleased, that for the first time tary service record, coupled with his vention of downed animals a priority since the National Writing Project was unyielding dedication to his commu- for the livestock industry. The bill will authorized for federal funding in 1991, nity, merits the sort of recognition and reinforce the industry’s commitment the President has requested funds to rememberence that this legislation to humane handling of animals. will provide. To all Nevadans who have expand the National Writing Project in had the opportunity to know Jack, he his budget for Fiscal Year 2000. The problem of downed animals has is a friend, a civic leader, and most im- This program has proven to be one of been addressed by major livestock or- portantly, a champion of the commu- the most effective in education today. I ganizations such as the United Stock- nity. am proud to be associated with it, and yards Corp., the Minnesota Livestock I look forward to working with Sen- I compliment those who have made it Marketing Association, the National ator REID and the entire Nevada dele- so successful across the nation. Pork Producers Council, the Colorado gation in passing this proposal and When I first introduced this bill in Cattlemen’s Association, and the Inde- naming this new wing after a true 1990, it was cosponsored by 40 Senators, pendent Cattlemen’s Association of American hero. both Republicans and Democrats. I Texas. All of these organizations have hope it will receive equal or greater taken strong stands against improper By Mr. COCHRAN: support in the 106th Congress. I invite treatment of animals by adopting ‘‘no- S. 514. A bill to improve the National other Senators to join me in spon- downer’’ policies. I want to commend Writing Project; to the Committee on soring this legislation. these and other organizations, as well

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2211 as responsible and conscientious live- low density States with relatively low NAERO, an organization that is man- stock producers throughout the coun- cost power. This bill will protect datory in nature and subject to FERC try, for their efforts to end an appall- States’ rights and allow States max- oversight. Sustaining system reli- ing problem that erodes consumer con- imum latitude to adapt competition to ability is crucial for protecting all fidence. their own individual needs. classes of consumers and such an orga- Despite a strong consensus within in- I believe States are in the best posi- nization can help ensure that power dustry, the animal welfare movement, tion to deal with this complex issue. markets function efficiently. consumers, and government that Although the cost of electricity varies One of the most important aspects of downed animals should not be sent to across the country, electric industry this debate—assuring that universal stockyards, this sad problem con- restructuring can result in lower con- service is maintained—is a critical tinues, causing animal suffering and an sumer prices for everyday goods and function that each state PUC should erosion of public confidence in the in- services, the development of innovative have the ability to oversee and enforce. dustry. new products and services, and a grow- In my legislation, nothing would pro- Mr. President, this legislation will ing, more productive economy. hibit a state from requiring all elec- complement industry effort to address We have spent the last two Con- tricity providers that sell electricity to this problem by encouraging better gresses holding hearings to review the retail customers in that state to pro- care of animals at farms and ranches. state of competition in the electric vide electricity service to all classes Animals with impaired mobility will power industry and discussing numer- and consumers of electric power. All receive better treatment in order to ous pieces of legislation dealing with classes of consumers should have ac- prevent them from becoming incapaci- restructuring. Meanwhile, 20 individual cess to adequate, safe, reliable and effi- tated. The bill will remove the incen- States have passed their own legisla- cient energy services at fair and rea- tive for sending downed animals to tion introducing competition into the sonable prices, as a result of competi- stockyards in the hope of receiving retail electric industry and many other tion. some salvage value for the animals and States are considering such proposals. Mr. President, my proposal will cre- would encourage greater care during According to industry statistics, near- ate greater competition at the whole- loading and transport. The bill will ly 50 percent of all Americans now live sale level by prospectively deregu- also discourage improper breeding in States committed to retail competi- lating wholesale sales of electricity. practices that account for most downed tion. States are clearly taking the We did this in natural gas and it animals. lead—they should continue to have worked—I am confident it will work in My legislation would set a uniform that role—and this bill encourages electricity. Although everyone talks national standard, thereby removing more innovation by affirming States’ about ‘‘deregulating’’ the electricity any unfair advantages that might re- ability to implement retail choice poli- industry, it is really the generation sult from differing standards through- cies. segment that will be deregulated. The out the industry. Furthermore, no ad- It is critical to the welfare of the FERC will continue to regulate trans- ditional bureaucracy will be needed as States that each one have an oppor- mission in interstate commerce, and a consequence of my bill because in- tunity to ready and equip themselves State PUCs will continue to regulate spectors of the Packers and Stockyards for a successful transition to a deregu- retail distribution services and sales. Administration regularly visit stock- lated environment. By learning from When FERC issued Order 888, it al- yards to enforce existing regulations. the States which have already imple- lowed utilities to seek market-based Thus, the additional burden on the mented competition, other states can rates for new generating capacity. This agency and stockyard operators will be take precautions and adopt laws that provision goes a step further and al- insignificant. will best protect them as they adjust lows utilities to purchase wholesale to this new competitive environment. power from existing generation facili- By Mr. THOMAS: With FERC’s Order 888, which created ties, after the date of enactment of this S. 516. A bill to benefit consumers by competitive wholesale power supply Act, at prices solely determined by promoting competition in the electric markets through the availability of market forces. power industry, and for other purposes; non-discriminatory open-access trans- Furthermore, the measure expands to the Committee on Energy and Nat- mission service under tariff, we have FERC authority to require non-public ural Resources. seen at both the State and Federal lev- utilities that own, operate or control THE ELECTRIC UTILITY RESTRUCTURING EM- els that we are now in a critical testing transmission to open their systems. POWERMENT AND COMPETITIVENESS ACT OF period in the implementation of mar- Currently, the Commission cannot re- 1999 (EURECA) ket-based policies. Specifically, we saw quire the Power Marketing Adminis- Mr. THOMAS. Mr. President, I rise the price spikes that occurred last tration (PMAs), the Tennessee Valley today to introduce the Electric Utility summer in the Midwest. After holding Authority (TVA), municipalities and Restructuring Empowerment and Com- a hearing on the subject, the experts cooperatives which own transmission petitiveness Act of 1999. This legisla- agreed that we are indeed in a transi- to provide wholesale open access trans- tion empowers the states to restruc- tion period. Although no one could mission service. Since approximately ture their electric industries at the point to one specific reason for the oc- 22 percent of all transmission is beyond rate and in the way they decide. My currence, and many were suggested, all open access authority, requiring these legislation imposes no ‘‘retail choice seemed to agree for the need of na- non-public utilities to provide this mandate’’ or deadline on the States so tional reliability standards. service will help ensure that a true as to fully allow the best market ideas Traditionally, reliability of the wholesale power market exists. and approaches to occur. As well, transmission system was managed by a One of the key elements of this meas- EURECA removes Federal impedi- voluntary, industry-led organization ure is streamlining and modernizing ments to competition and deregulates known as the North American Electric the Public Utility Regulatory Policies and streamlines the industry. Reliability Council. We have added Act of 1978 (PURPA) and the Public My bill gives the States the leading many new players to the transmission Utility Holding Company Act of 1935 role in implementing competition in grid, making for an increasingly decen- (PUHCA). While both of these initia- the electric power industry. This ap- tralized and competitive U.S. elec- tives were enacted with good inten- proach contrasts with the bills intro- tricity industry. And, as determined by tions, there is widespread belief that duced in the House and Senate last a recently issued DOE Task Force Re- the Acts have fulfilled their original Congress that required competition na- port, ‘‘the old institutions of reliability obligations and have outlived their tionwide by a date certain. A Federal are no longer sufficient.’’ I have added usefulness. mandate on the States requiring retail a section on reliability to my legisla- My bill amends Section 210 of competition by a date certain is not in tion. The industry collectively came up PURPA on a prospective basis. Current the best interest of all classes of con- with a legislative proposal that would PURPA contracts would continue to be sumers. I am concerned such an ap- transform NERC from a voluntary sys- honored and upheld. However, upon en- proach would cause increased prices for tem of reliability management to actment of this legislation, a utility

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2212 CONGRESSIONAL RECORD — SENATE March 3, 1999 that begins operating would not be re- CHAFEE, ROBB, and MIKULSKI, to intro- range for an alternative treatment quired to enter into a new contract or duce the Emergency Medical Services plan that allows the health plan to as- obligation to purchase electricity Act of 1999. Americans today are rou- sume care of the patient after sta- under Section 210 of PURPA. tinely denied coverage by their man- bilization. For instance, the plan may With regard to PUHCA, I’ve included aged care plans for visits to the emer- recommend that the patient by trans- Senators SHELBY’s and DODD’s ‘‘Public gency department for legitimate emer- ferred to an in-network hospital, or it Utility Holding Company Act of 1999.’’ gency medical conditions. This legisla- may agree to cover the tests rec- This language is identical to the bipar- tion establishes a national definition, ommended by the emergency room tisan legislation reported by the Com- known as the prudent layperson stand- physician. mittee on Banking, Housing, and ard, for the purposes of receiving emer- Our legislation has been strongly en- Urban Affairs in the 105th Congress. gency room treatment. The Balanced dorsed by Kaiser Permanente, one of Under this proposal, PUHCA would be Budget Act of 1997 applied this defini- our nation’s oldest, largest, and most repealed. Furthermore, all books and tion to the Medicaid and Medicare pro- respected managed care plans, and the records of each holding company and grams. The proposal would simply en- American College of Emergency Physi- each associate company would be sure that all private health plans af- cians. The legislation has also received transferred to the Securities and Ex- ford their consumers the same kinds of the strong support of the American Os- change Commission (SEC)—which cur- protections available to Medicaid and teopathic Association, the Federation rently has jurisdiction over the 19 reg- Medicare beneficiaries. of American Health Systems, and the istered holding companies—to FERC. Mr. President, current law places pa- National Council of Senior Citizens, This allows energy regulators, who tients in the unreasonable position of among many others. truly know the industry to oversee the fearing that payment for emergency I would ask that my colleagues join operations of these companies and re- room visits will be denied even when us in supporting this important legisla- view acquisitions and mergers. These conditions appear to both the patient tion. consumer protections are an important and emergency room personnel to re- part of PUHCA reform. quire urgent treatment. For example, a By Mr. DURBIN: Mr. President, an issue that must be patient who is experiencing chest pains S. 520. A bill for the relief of Janina resolved in order for a true competitive and believes that she is having a heart Altagracia Castillo-Rojas and her hus- environment to exist is that of utilities attack may not be covered by a health band, Diogenes Patricio Rojas; to the receiving ‘‘subsidies’’ by the federal plan if the diagnosis later turns out to Committee on the Judiciary. government and the U.S. tax code. For be indigestion. Enactment of the ‘‘pru- PRIVATE RELIEF BILL years, investor owned utilities (IOUs) dent layperson’’ definition would end Mr. DURBIN. Mr. President, I rise have claimed inequity because of tax- this phenomena by ensuring coverage today to introduce a private bill for the exempt financing and low-interest when a reasonable person, who believes relief of Janina Altagracia Castillo- loans that municipalities and rural co- that she is in need of care, presents Rojas and her husband, Diogenes operative receive. On the other side of herself at an emergency room and is Patricio Rojas. My bill would grant the equation, these public power sys- treated. permanent resident status to Janina tems maintain that IOUs receive bene- Federal law, the Emergency Medical and Diogenes, who face deportation fits in the tax code such as accelerated Treatment and Active Labor Act later this month to the Dominican Re- depreciation, investment tax credits (EMTALA), already requires that all public as a result of a technicality in and deferred income tax and many use persons who come to a hospital for current federal immigration law. tax-exempt debt for pollution control emergency care be given a screening Janina has been denied citizenship bonds. Are these in a way, ‘‘subsidies?’’ examination to determine if they are because her mother was the child of a The jury is still out on how best to experiencing a medical emergency, and U.S. citizen female and foreign male. tackle these difficult issues but with- if so, that they receive stabilizing Previous law allowed only children of out a doubt, we will need to come to a treatment before being discharged or U.S. citizen males and foreign females resolution. moved to another facility. As a result, to claim U.S. citizenship. Finally, my bill directs the Inspector emergency, room doctors and hospitals In 1994, Senator Paul Simon passed General of the Department of the face a catch-22. Practitioners are re- the Immigration and Nationality and Treasury to file a report to the Con- quired by EMTALA and their own pro- Technical Corrections Act, which al- gress detailing whether and how tax fessional ethics to perform diagnostic lowed individuals born overseas before code incentives received by all utilities tests and exams to rule out emergency 1934 to U.S. citizen mothers, and their should be reviewed in order to foster a conditions, but may be denied reim- descendants, to claim U.S. citizenship. competitive retail electricity market As a result of that 1994 law, Janina’s in the future. bursement due to HMO prior authoriza- mother received U.S. citizenship in Mr. President, with respect to federal tion requirements or a finding after di- comprehensive restructuring legisla- agnosis that the condition was not of January 1996. However, when Janina attempted to tion, it is the states themselves that an emergency. attain citizenship as a descendant of a hold the key to ultimate success. This legislation also provides a proc- direct beneficiary of this legislation, EURECA allows states to continue to ess for the coordination of post-sta- move forward and craft electricity pro- bilization care. Consider this example: her application was denied. Despite the posals that best fit their own par- a patient goes into the emergency 1994 law, the Immigration and Natu- ticular needs. This legislation is the room complaining of chest pains, in an ralization Service required that best solution to move forward with a obvious emergent condition. Subse- Janina’s mother meet transmission re- better product for all classes of con- quently, the chest pains subside, there- quirements: she must have been phys- sumers and the industry as a whole. fore, the patient is considered clini- ically present in the U.S. for 10 years cally ‘‘stabilized.’’ However, this does prior to Janina’s birth, 5 of which over By Mr. GRAHAM (for himself, not mean that the patient is out of the age of 16 years, in order for Janina Mr. CHAFEE, Ms. MIKULSKI, Mr. danger. At that point the emergency to derive citizenship. Since her mother DEWINE, and Mr. ROBB): room physician may recommend a fol- was prohibited from becoming a U.S. S. 517. A bill to assure access under low up test, such as an EKG, but is fre- citizen until 1996, however, this re- group health plans and health insur- quently unable to get the health plan quirement is unreasonable. ance coverage to covered emergency to authorize any follow-up care. While 60 years of discriminatory law medical services; to the Committee on This portion of the bill would require was corrected in 1994, the citizenship Health, Education, Labor and Pen- that treating emergency physicians qualifications of the line of descend- sions. and health plans timely communicate ants of those U.S. citizen females re- ACCESS TO EMERGENCY MEDICAL SERVICES ACT with each other to determine what the main adversely impacted. The private OF 1999 necessary post-stabilization care relief bill I introduce today will grant Mr. GRAHAM. Mr. President, I rise should be. Health plans, in conjunction Janina and her husband Diogenes per- today with my colleagues Senators with the treating physician, may ar- manent resident status to continue

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2213 their lives in this country until this vests.ojp.gov. I am confident that this and Health (BEACH) Act of 1999, legis- provision can be amended. innovative process will be a great suc- lation which would amend the Clean Mr. President, I ask unanimous con- cess at harnessing the power of the in- Water Act to require states to adopt sent that the text of this bill be printed formation age to assist law enforce- water quality standards for coastal in the RECORD. ment do its job better, safer and more recreation waters and to notify the There being no objection, the text of cost effectively. I want to commend public of unhealthy conditions. I am the bill was ordered to be printed in the Attorney General and the Depart- pleased to be joined by Senator the RECORD, as follows: ment for making this effort. TORRICELLI, Senator BOXER, and Sen- S. 520 To build on the success of the Bullet- ator LIEBERMAN in sponsoring this leg- Be it enacted by the Senate and House of proof Vest Partnership Program, our islation. Representatives of the United States of America bipartisan legislation would permit the Mr. President, coastal tourism gen- in Congress assembled, Department of Justice to waive, in erates billions of dollars every year for SECTION 1. PERMANENT RESIDENCE. whole or in part, the matching require- local communities and beaches are the Notwithstanding any other provision of ment for law enforcement agencies ap- top vacation destination in the nation. law, for purposes of the Immigration and Na- plying for bulletproof vest grants in A recent survey found that tourists tionality Act (8 U.S.C. 1101 et seq.), Janina cases of fiscal hardship. Some police spend over $100 billion in coastal por- Altagracia Castillo-Rojas and her husband, departments in smaller jurisdictions Diogenes Patricio Rojas, shall be held and tions of the twelve states that were considered to have been lawfully admitted to may be unable to contribute half of the studied. Travel and tourism to the the United States for permanent residence as cost of buying body armor for their of- beaches of the Jersey shore alone gen- of the date of the enactment of this Act upon ficers. This waiver provision was in- erates over $7 billion annually to local payment of the required visa fees. cluded in the Campbell-Leahy version economies. SEC. 2. REDUCTION OF NUMBER OF AVAILABLE of the Act introduced last year, but Unfortunately, the increased use of VISAS. was unfortunately eliminated by oth- the coastal waters at our public beach- Upon the granting of permanent residence ers during House-Senate consideration to Janina Altagracia Castillo-Rojas and her es and coastal parks for swimming, of the final legislation. wading, and surfing can cause in- husband, Diogenes Patricio Rojas, as pro- Our bipartisan bill is strongly sup- vided in this Act, the Secretary of State creased risk to public health if these shall instruct the proper officer to reduce by ported by Federal Bureau of Investiga- recreational waters are not properly the appropriate number during the current tion Director Louis Freeh and the managed. Water pollution and water- fiscal year the total number of immigrant International Association of Chiefs of borne bacteria and viruses from over- visas available to natives of the country of Police. flowing sewage systems can cause a the aliens’ birth under section 203(a) of the More than ever before, police officers wide range of diseases, including Immigration and Nationality Act (8 U.S.C. in Vermont and around the country gastroenteritis, dysentery, hepatitis, 1153(a)). face deadly threats that can strike at ear, nose, and throat problems, E. coli any time, even during routine traffic By Mr. LEAHY (for himself, Mr. bacterial infections, and respiratory stops. Bulletproof vests save lives, and CAMPBELL, Mr. SCHUMER, Mr. illness. Upon contracting one of these I believe this new law will put vests on FEINGOLD, and Mr. TORRICELLI): water-borne diseases, the affected indi- our State and local law enforcement of- S. 521. A bill to amend part Y of title vidual often remains contagious even ficers who put their lives on the line. when out of the water and may pass I of the Omnibus Crime Control and I look forward to working with all the illness to others. The consequences Safe Streets Act of 1968 to provide for Senators to ensure that each and every of these swimming-associated illnesses a waiver of or reduction in the match- law enforcement community in can be especially severe for children, ing funds requirement in the case of Vermont and across the nation can af- elderly people, and the infirm. In fiscal hardship; to the Committee on ford basic protection for their officers. the Judiciary. Mr. President, I ask unanimous con- Maryland, the outbreak of the toxic f sent that the text of the bill be printed Pfiesteria organism in several Chesa- peake Bay tributaries prompted the LEGISLATION TO IMPROVE THE BULLETPROOF in the RECORD. state to close several rivers for public VEST PARTNERSHIP GRANT ACT S. 521 Mr. LEAHY. Mr. President, I am in- health reasons. Fishermen and swim- Be it enacted by the Senate and House of Rep- mers who were exposed to Pfiesteria troducing legislation to improve the resentatives of the United States of America in Bulletproof Vest Partnership Grant Congress assembled, complained of short-term memory loss, Act and am especially pleased to be SECTION 1. MATCHING GRANT PROGRAM FOR dizziness, muscular aches, peripheral joined by Senators FEINGOLD, LAW ENFORCEMENT ARMOR VESTS. tingling, vomiting, and abdominal TORRICELLI and SCHUMER as original Section 2501(f) of part Y of title of the Om- pain. sponsors on this law enforcement ef- nibus Crime Control and Safe Streets Act of In a 1998 report on beach water qual- 1968 (42 U.S.C. 3796ll(f)) is amended— ity, entitled Testing the Waters, the fort. I am also pleased that the senior (1) by striking ‘‘The portion’’ and inserting Senator from Colorado, Senator CAMP- the following: Natural Resources Defense Council re- BELL, is joining us, again, in this effort. ‘‘(1) IN GENERAL.—Subject to paragraph (2), ported over 5,199 closings or advisories We worked together closely and suc- the portion’’; and of varying durations at U.S. beaches cessfully last year to pass the Bullet- (2) by adding at the end the following: due to detected or anticipated proof Vest Partnership Grant Act into ‘‘(2) WAIVER.—The Director may waive, in unhealthy water quality in 1997. Many whole or in part, the requirement of para- law. beaches closures and health advisories graph (1) in the case of fiscal hardship, as de- were a result of sewage spills and over- The Bulletproof Vest Partnership termined by the Director.’’. Grant Act, which President Clinton flows. signed into law on June 16, 1998, au- By Mr. LAUTENBERG (for him- The number of beach closings and thorizes the Department of Justice to self, Mr. TORRICELLI, Mrs. advisories, while large, may represent award grants to pay for half of the cost BOXER, Mr. LIEBERMAN, and only a small portion of the actual prob- of providing bulletproof vests for State Mrs. FEINSTEIN): lem. This is because of an inconsistent and local law enforcement officers. Be- S. 522. A bill to amend the Federal approach among the states toward ginning this month, the Department of Water Pollution Control Act to im- monitoring the water quality of public Justice plans to open the Bulletproof prove the quality of beaches and coast- beaches and notifying the public of Vest Partnership Program so that al recreation water, and for other pur- unhealthy conditions. In fact, as of State, county and local law enforce- poses; to the Committee on Environ- 1999, only nine states have comprehen- ment agencies may receive grants to ment and Public Works. sive monitoring programs and adequate pay for half of the cost of providing BEACHES ENVIRONMENTAL ASSESSMENT, public notification. Thirteen states body armor for their officers. The en- CLOSURE, AND HEALTH ACT OF 1999 have regular monitoring and public no- tire application and payment process Mr. LAUTENBERG. Mr. President, tification programs for a portion of for the program will occur electroni- today I am introducing the Beaches their recreational beaches. Among the cally via the Internet at http:// Environmental Assessment, Closure, remaining coastal and Great Lakes

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2214 CONGRESSIONAL RECORD — SENATE March 3, 1999 states, some lack any regular moni- (3) tourism in coastal zones generates bil- ‘‘(3) not later than 3 years after the date of toring of beach water quality, while lions of dollars annually; publication of revisions by the Adminis- others have monitoring programs, but (4) increased population and urbanization trator under section 703(b), be revised by the no programs to close beaches or notify of watershed areas have contributed to the State. decline in the environmental quality of ‘‘(c) FAILURE OF STATES TO ADOPT CRI- the public. As a result, a high bacteria coastal water; TERIA.—If, not later than 3 years and 180 level can cause a beach closure in one (5) pollution in coastal water is not re- days after the date of enactment of this state while, in another state, people stricted by State or other political bound- title, a State has not complied with sub- may be allowed to swim in the water, aries; section (a), the water quality criteria issued despite the health risks. (6) coastal States have different methods of by the Administrator under section 304(a)(1) Due in part to my urging, in 1997, the testing and parameters for evaluating the shall— Environmental Protection Agency quality of coastal recreation water, resulting ‘‘(1) become the effective water quality cri- (EPA) established its Beaches Environ- in the provision of varying degrees of protec- teria for coastal recreational water for that mental Assessment, Closure and Health tion to the public; State; and (BEACH) program to recommend ap- (7) the adoption of consistent criteria by ‘‘(2) be considered to have been promul- coastal States would enhance public health gated by the Administrator under section propriate monitoring criteria and pub- and safety, including the adoption of con- 303(c)(4). lic notification of beach water quality. sistent criteria for— ‘‘SEC. 703. REVISIONS TO WATER QUALITY CRI- While this program is a good start, the (A) testing and evaluating the quality of TERIA. reality is that the majority of states coastal recreation water; and ‘‘(a) STUDIES.—Not later than 3 years after have not adopted EPA-recommended (B) the posting of signs at beaches noti- the date of enactment of this title, and after criteria to protect swimmer’s health, fying the public during periods when the consultation with appropriate Federal, and the agency does not possess the au- water quality criteria for public safety are State, and local officials (including local thority to require states to adopt their not met; and health officials) and other interested per- recommended criteria. (8) while the adoption of consistent criteria sons, the Administrator shall conduct, in co- Mr. President, my legislation would would enhance public health and safety, the operation with the Under Secretary of Com- failure to meet consistent criteria should be provide EPA the authority to require merce for Oceans and Atmosphere, studies to addressed as part of a watershed approach to provide new information for use in devel- states to develop beach water quality effectively identify and eliminate sources of oping— monitoring and public notification pro- pollution. ‘‘(1) a more complete list of potential grams that adequately and uniformly (b) PURPOSES.—The purpose of this Act is human health risks from inhalation, inges- protect public health. The BEACH Act to amend the Federal Water Pollution Con- tion, or body contact with coastal recreation would require EPA to conduct studies trol Act (33 U.S.C. 1251 et seq.) to require water, including effects on the upper res- for use in developing a more complete uniform criteria and procedures for testing, piratory system; list of potential health risks associated monitoring, and notifying users of public ‘‘(2) appropriate and effective indicators coastal recreation water and beaches— for improving direct detection of the pres- with unhealthy beach water quality, (1) to protect public safety; and develop more effective testing methods ence of pathogens found harmful to human (2) to improve environmental quality. health in coastal recreational water; for detecting the presence of pathogens SEC. 3. BEACH AND COASTAL RECREATION ‘‘(3) appropriate, accurate, and expeditious in coastal recreation waters, and revise WATER QUALITY. methods (including predictive models) for de- its water quality criteria for pathogens The Federal Water Pollution Control Act tecting the presence of pathogens in coastal in such waters. The legislation would (33 U.S.C. 1251 et seq.) is amended by adding recreation water that are harmful to human also direct EPA to establish regula- at the end: health; and tions requiring monitoring of water ‘‘TITLE VII—BEACH AND COASTAL ‘‘(4) guidance for the State-to-State appli- quality at public beaches to determine RECREATION WATER QUALITY cation of the criteria issued under subsection compliance with water quality and ‘‘SEC. 701. DEFINITIONS. (b) to account for the diversity of geographic and aquatic conditions throughout the public safety criteria. The bill would ‘‘In this title: ‘‘(1) COASTAL RECREATION WATER.—The United States. require states to notify local govern- ‘‘(b) REVISED CRITERIA.—Not later than 5 ments and the public of current beach term ‘‘coastal recreation water’’ means water adjacent to public beaches of the years after the date of enactment of this water quality. Where a state wishes to Great Lakes and of marine coastal water (in- title, based on the results of the studies con- delegate its testing, monitoring, and cluding bays, lagoon mouths, and coastal es- ducted under subsection (a), the Adminis- notification requirements to local gov- tuaries within the tidal zone) used by the trator, after consultation with appropriate ernments, EPA must issue delegation public for— Federal, State, and local officials (including guidance to a state and the state must ‘‘(A) swimming; local health officials) and other interested make resources available to the local ‘‘(B) bathing; parties, shall— ‘‘(1) issue revised water quality criteria for government. Lastly, the BEACH Act ‘‘(C) surfing; or ‘‘(D) other similar body contact purposes. pathogens in coastal recreation water that would authorize $9 million dollars in are harmful to human health, including a re- grants to the States for the purposes of ‘‘(2) FLOATABLE MATERIALS.—The term ‘‘floatable materials’’ means any foreign vised list of indicators and testing methods; carrying out the requirements of this matter that may float or remain suspended and Act. in water, including— ‘‘(2) not less than once every 5 years there- Mr. President, a day at the beach ‘‘(A) plastic; after, review and revise the water quality shouldn’t be followed by a day at the ‘‘(B) aluminum cans; criteria. doctor. I invite my colleagues to join ‘‘(C) wood; ‘‘SEC. 704. COASTAL BEACH WATER QUALITY me in supporting this legislation to en- ‘‘(D) bottles; MONITORING. sure safe and healthy beaches for the ‘‘(E) paper products; and ‘‘(a) MONITORING.— citizens of New Jersey and the nation. ‘‘(F) fishing gear. ‘‘(1) IN GENERAL.—Not later than 1 year and I ask unanimous consent that a copy ‘‘SEC. 702. ADOPTION OF COASTAL REC- 180 days after the date of enactment of this REATIONAL WATER QUALITY CRI- title, the Administrator shall promulgate ECORD of the bill be printed in the R . TERIA BY STATES. regulations requiring monitoring by the S. 522 ‘‘(a) IN GENERAL.—Not later than 3 years States of public coastal recreation water and Be it enacted by the Senate and House of Rep- and 180 days after the date of enactment of beaches for— resentatives of the United States of America in this title, each State shall adopt water qual- ‘‘(A) compliance with applicable water Congress assembled, ity criteria for coastal recreation water that, quality criteria; and SECTION 1. SHORT TITLE. at a minimum, are consistent with the cri- ‘‘(B) maintenance of public safety. This Act may be cited as the ‘‘Beaches En- teria published by the Administrator under ‘‘(2) CONTENTS OF REQUIREMENTS.—Moni- vironmental Assessment, Closure, and section 304(a)(1). toring requirements established under this Health Act of 1999’’. ‘‘(b) DEVELOPMENT OF CRITERIA.—Water section shall specify, at a minimum— SEC. 2. FINDINGS AND PURPOSES. quality criteria described in subsection (a) ‘‘(A) available monitoring methods to be (a) FINDINGS.—Congress finds that— shall— used by States; (1) the beaches and coastal recreation ‘‘(1) be developed and promulgated in ac- ‘‘(B) the frequency and location of moni- water of the United States are valuable pub- cordance with section 303(c); toring based on— lic resources that are used for recreation by ‘‘(2) be incorporated into all appropriate ‘‘(i) the periods of recreational use of millions of people annually; programs into which a State would incor- coastal recreation water and beaches; (2) the beaches of coastal States host many porate other water quality criteria adopted ‘‘(ii) the extent and degree of recreational out-of-State and international visitors; under section 303(c); and use during the periods described in clause (i);

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2215 ‘‘(iii) the proximity of coastal recreation delegated to a local government authority Hawaiian Islands. This year, approxi- water to known or identified point and before the date of enactment of this section, mately 18,000 inpatients and more than nonpoint sources of pollution; and State resources, including grants made 200,000 outpatients will seek health ‘‘(iv) the relationship between the use of under section 706, shall be made available to care from The Queen’s Health Systems. public recreation water and beaches to storm the delegated authority for the purpose of events; implementing the delegated program in a The organization maintains an open ‘‘(C) methods for— manner that is consistent with the guidance emergency room; admits Medicare and ‘‘(i) detecting levels of pathogens that are issued by the Administrator. Medicaid patients; operates a 536-bed harmful to human health; and ‘‘(f) FLOATABLE MATERIALS MONITORING; accredited teaching hospital; operates ‘‘(ii) identifying short-term increases in TECHNICAL ASSISTANCE.—Not later than 1 Molokai General Hospital; operates pathogens that are harmful to human health year and 180 days after the date of enact- clinics on various islands; provides in coastal recreation water, including the re- ment of this title, the Administrator shall— home health care; supports nursing lationship of short-term increases in patho- ‘‘(1) provide technical assistance for uni- programs at Hawaiian colleges and uni- gens to storm events; and form assessment and monitoring procedures ‘‘(D) conditions and procedures under for floatable materials in coastal recreation versities; and promotes good health which discrete areas of coastal recreation water; and practices in many other ways. water may be exempted by the Adminis- ‘‘(2) specify the conditions under which the In 1885 Queen Emma Kaleleonalani, trator from the monitoring requirements presence of floatable material shall con- wife of King Kamehameha IV, be- under this subsection, if the Administrator stitute a threat to public health and safety. queathed land which in large part determines that an exemption will not— ‘‘(g) OCCURRENCE DATABASE.—The Adminis- composes the assets of The Queen ‘‘(i) impair compliance with the applicable trator shall establish, maintain, and make Emma Foundation, a non-profit, tax- water quality criteria for that water; and available to the public by electronic and exempt, public charity. The Founda- ‘‘(ii) compromise public safety. other means— tion s charitable purpose is to support ‘‘(b) NOTIFICATION REQUIREMENTS.— ‘‘(1) a national coastal recreation water ‘‘(1) IN GENERAL.—Regulations promulgated pollution occurrence database using reliable and improve health care services in Ha- under subsection (a) shall require States to information, including the information re- waii by committing funds generated by provide prompt notification of a failure or ported under subsection (b); and Foundation-owned properties to The the likelihood of a failure to meet applicable ‘‘(2) a listing of communities conforming Queen’s Medical Center, the Queen’s water quality criteria for State coastal to the regulations promulgated under sub- Health Systems and other health care recreation water, to— sections (a) and (b). programs benefiting the community. ‘‘(A) local governments; ‘‘SEC. 705. REPORT TO CONGRESS. Much of the land bequeathed by ‘‘(B) the public; and ‘‘Not later than 4 years after the date of Queen Emma to the Foundation is en- ‘‘(C) the Administrator. the enactment of this title and periodically ‘‘(2) INFORMATION INCLUDED IN NOTIFICA- cumbered by long-term, fixed rent thereafter, the Administrator shall submit commercial and industrial ground TION.—Notification under this subsection to Congress a report that contains— shall require, at a minimum— ‘‘(1) recommendations concerning the need leases. As these leases expire, the land ‘‘(A) the prompt communication of the oc- for additional water quality criteria and and improvements revert back to the currence, nature, extent, and location of, and other actions that are necessary to improve Foundation. The existing, aged im- substances (including pathogens) involved the quality of coastal recreation water; and provements thereon will need to be up- in, a failure or immediate likelihood of a ‘‘(2) an evaluation of State efforts to im- graded in order to enhance and con- failure to meet water quality criteria, to a plement this title. designated official of a local government tinue the revenue-generating potential having jurisdiction over land adjoining the ‘‘SEC. 706. GRANTS TO STATES. of the properties. However, the Foun- coastal recreation water for which the fail- ‘‘(a) GRANTS.—The Administrator may dation’s available cash and cash flow ure or imminent failure to meet water qual- make grants to States for use in meeting the are insufficient to implement these im- requirements of sections 702 and 704. ity criteria is identified; and provements which would result in in- ‘‘(b) COST SHARING.—For each fiscal year, ‘‘(B) the posting of signs, during the period creased financial support to The in which water quality criteria are not met the total amount of funds provided through grants to a State under this section shall not Queen’s Medical Center, The Queen’s continues, that are sufficient to give notice Health Systems and other health care to the public— exceed 50 percent of the cost to the State of ‘‘(i) of a failure to meet applicable water implementing requirements described in sub- programs benefiting the community. If quality criteria for the water; and section (a). the Foundation borrows the funds, any ‘‘(c) ELIGIBLE STATE.—Effective beginning ‘‘(ii) the potential risks associated with income generated from those improve- 3 years and 180 days after the date of enact- water contact activities in the water. ments would be subject to the debt-fi- ‘‘(c) REVIEW AND REVISION OF REGULA- ment of this title, the Administrator may make a grant to a State under this section nanced property rules of the unrelated TIONS.—Periodically, but not less than once business income tax provisions of the every 5 years, the Administrator shall review only if the State demonstrates to the satis- and make any necessary revisions to regula- faction of the Administrator the implemen- Internal Revenue Code. Since the in- tions promulgated under this section. tation of the State monitoring and notifica- come would be taxed at the corporate ‘‘(d) STATE IMPLEMENTATION.— tion program under section 704 of this title. rate, the amount ultimately available ‘‘(1) IN GENERAL.—Not later than 3 years ‘‘SEC. 707. AUTHORIZATION OF APPROPRIATIONS. to The Queen’s Health System would and 180 days after the date of enactment of There is authorized to be appropriated— be greatly reduced. this title, each State shall implement a mon- ‘‘(1) for use in making grants to States Consequently, the generosity and in- itoring and notification program that con- under section 706, $9,000,000 for each of fiscal tent of Queen Emma more than 100 forms to the regulations promulgated under years 2000 through 2004; and years ago are being frustrated by fed- subsections (a) and (b). ‘‘(2) for carrying out the other provisions eral tax provisions intended to prevent ‘‘(2) REVISION OF PROGRAM.—Not later than of this title, $3,000,000 for each of fiscal years 2 years after the date of publication of any 2000 through 2004.’’. abuses. I am sure the Congress never revisions by the Administrator under sub- intended the unfortunate consequences section (c), each State shall revise the pro- By Mr. INOUYE (for himself and these provisions are having on what is gram established under paragraph (1) to in- Mr. AKAKA): virtually the sole source of private fi- corporate the revisions. S. 523. A bill to amend the Internal nancial support for this sound and ‘‘(e) GUIDANCE; DELEGATION OF RESPONSI- Revenue Code of 1986 to treat certain unique system of providing and deliv- BILITY.— ering health care to the people of Ha- ‘‘(1) IN GENERAL.—Not later than 1 year and hospital support organizations as 180 days after the date of enactment of this qualified organizations for purposes of waii. title, the Administrator shall issue guidance section 514(c)(9); to the Committee on Current law already allows an excep- establishing— Finance. tion from the debt-financing rules for ‘‘(A) core performance measures for test- f certain real estate investments of pen- ing, monitoring, and notification programs sion trusts as well as an exception for under this section; and AMENDMENT TO THE INTERNAL educational institutions and their sup- ‘‘(B) the delegation of testing, monitoring, REVENUE CODE OF 1986 porting organizations. The legislation I and notification programs under this section Mr. INOUYE. Mr. President, six thou- am introducing today grants similar to local government authorities. ‘‘(2) DELEGATION OF RESPONSIBILITY TO sand miles from where I am standing relief to institutions like The Queen LOCAL GOVERNMENTS.—If a responsibility de- today, The Queen’s Health System of Emma Foundation which provide and scribed in paragraph (1)(B) is delegated by a Hawaii is providing health care serv- deliver health care to the people of our State to a local government authority, or is ices that benefit the residents of all the nation.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2216 CONGRESSIONAL RECORD — SENATE March 3, 1999 I request unanimous consent that the against the Pacific, Guam was bombed failed to specify postwar values as a full text of my bill be printed in the and invaded by Japanese forces within basis for computing awards, and settled RECORD. three days of the infamous attack on on prewar values, which did not reflect There being no objection, the bill was Pearl Harbor. At that time, Guam was the true postwar replacement costs. ordered to be printed in the RECORD, as administered by the United States Also, all property damage claims in ex- follows: Navy under the authority of a Presi- cess of $5,000, as well as all death and S. 523 dential Executive Order. It was also injury claims, required Congressional Be it enacted by the Senate and House of populated by then-American nationals. review and approval. This action Representatives of the United States of America For the first time since the War of 1812, caused many eligible claimants to set- in Congress assembled, a foreign power invaded United States tle for less in order to receive timely SECTION 1. TREATMENT OF CERTAIN HOSPITAL soil. compensation. The Claims Act also im- SUPPORT ORGANIZATIONS AS In 1952, when the United States posed a one-year time limit to file QUALIFIED ORGANIZATIONS FOR PURPOSES OF DETERMINING ACQUI- signed a peace treaty with Japan, for- claims, which was insufficient as mas- SITION INDEBTEDNESS. mally ending World War II, it waived sive disruptions still existed following (a) IN GENERAL.—Subparagraph (C) of sec- the rights of American nationals, in- Guam’s liberation. In addition, English tion 514(c)(9) of the Internal Revenue Code of cluding those of Guamanians, to was then a second language to a great 1986 is amended by striking ‘‘or’’ at the end present claims against Japan. As a re- many Guamanians. While a large num- of clause (ii), by striking the period at the sult of this action, American nationals ber spoke English, few could read it. end of clause (iii) and inserting ‘‘; or’’, and were forced to seek relief from the Con- by adding at the end the following new This is particularly important since clause: gress of the United States. the Land and War Claims Commission ‘‘(iv) a qualified hospital support organiza- Today, I rise to introduce the Guam required written statements and often tion (as defined in subparagraph (I)).’’ War Restitution Act, which would communicated with claimants in writ- (b) QUALIFIED HOSPITAL SUPPORT ORGANI- amend the Organic Act of Guam and ing. ZATIONS.—Paragraph (9) of section 514(c) of provide restitution to those who suf- The reparations program was also in- the Internal Revenue Code of 1986 is amended fered atrocities during the occupation adequate because it became secondary by adding at the end the following new sub- of Guam in World War II. There are to overall reconstruction and the build- paragraph: several key components to this meas- ing of permanent military bases. In ‘‘(I) QUALIFIED HOSPITAL SUPPORT ORGANI- ure. ZATIONS.—For purposes of subparagraph this regard, the Congress enacted the (C)(iv), the term ‘qualified hospital support The Restitution Act would establish Guam Land Transfer Act and the Guam organization’ means, with respect to any in- specific damage awards to those who Rehabilitation Act (Public Laws 79–225 debtedness, a support organization (as de- are survivors of the war, and to the and 79–583) as a means of rehabilitating fined in section 509(a)(3)) which supports a heirs of those who died during the war. Guam. The Guam Land Transfer Act hospital described in section 170(b)(1)(A)(iii) The specific damage awards would be provided the means of exchanging ex- and with respect to which— as follows: (1) $20,000 for death; (2) cess federal land for resettlement pur- ‘‘(i) more than half of its assets (by value) $7,000 for personal injury; and (3) $5,000 poses, and the Guam Rehabilitation at any time since its organization— for forced labor, forced march, or in- ‘‘(I) were acquired, directly or indirectly, Act appropriated $6 million to con- by gift or devise, and ternment. struct permanent facilities for the ‘‘(II) consisted of real property, The Restitution Act would also es- civic populace of the island for their ‘‘(ii) the fair market value of the organiza- tablish specific damage benefits to the economic rehabilitation. tion’s unimproved real estate acquired, di- heirs of those who survived the war and Approximately $8.1 million was paid rectly or indirectly, by gift or devise, exceed- who made previous claims but have to 4,356 recipients under the Guam ed 10 percent of the fair market value of all since died. The specific damage bene- Meritorious Claims Act. Of this investment assets held by the organization fits would be as follows: (1) $7,000 for amount, $4.3 million was paid to 1,243 immediately prior to the time that the in- personal injury; and (2) $5,000 for forced individuals for death, injury, and prop- debtedness was incurred, and ‘‘(iii) no member of the organization’s gov- labor, forced march, or internment. erty damage in excess of $5,000, and $3.8 erning body was a disqualified person (as de- Payments for benefits may either be in million to 3,113 recipients for property fined in section 4946 but not including any the form of a scholarship, payment of damage of less than $5,000. foundation manager) at any time during the medical expenses, or a grant for first- On June 3, 1947, former Secretary of taxable year in which the indebtedness was time home ownership. the Interior Harold Ickes testified be- incurred. This Act would also establish a Guam fore the House Committee on Public In the case of any refinancing not in excess Trust Fund from which disbursements Lands relative to the Organic Act, and of the indebtedness being refinanced, the de- will be made. Any amount left in the strongly criticized the Department of terminations under clauses (ii) and (iii) shall fund would be used to establish the the Navy for its ‘‘inefficient and even be made by reference to the earliest date in- Guam World War II Loyalty Scholar- brutal handling of the rehabilitation debtedness meeting the requirements of this ships at the University of Guam. subparagraph (and involved in the chain of and compensation and war damage indebtedness being refinanced) was in- A nine member Guam Trust Fund tasks.’’ Secretary Ickes termed the curred.’’ Commission would be established to procedures as ‘‘shameful results.’’ (c) EFFECTIVE DATE.—The amendments adjudicate and award all claims from In addition, a committee known as made by this section shall apply to indebted- the Trust Fund. the Hopkins Committee was estab- ness incurred on or after the date of the en- The United States Congress pre- lished by former Secretary of the Navy actment of this Act. viously recognized its moral obligation James Forrestal in 1947 to assess the to the people of Guam and provided Navy’s administration of Guam and By Mr. INOUYE: reparations relief by enacting the American Samoa. An analysis of the S. 524. A bill to amend the Organic Guam Meritorious Claims Act on No- Navy’s administration of the repara- Act of Guam to provide restitution to vember 15, 1945 (Public Law 79–224). Un- tion and rehabilitation programs was the people of Guam who suffered atroc- fortunately, the Claims Act was seri- provided to Secretary Forrestal in a ities such as personal injury, forced ously flawed and did not adequately March 25, 1947 letter from the Hopkins labor, forced marches, internment, and compensate Guam after World War II. Committee. The letter indicated that death during the occupation of Guam The Claims Act primarily covered the Department’s confusing policy de- in World War II, and for other pur- compensation for property damage and cisions greatly contributed to the pro- poses; to the Committee on the Judici- limited compensation for death or per- grams’ deficiencies and called upon the ary. sonal injury. Claims for forced labor, Congress to pass legislation to correct f forced march, and internment were its mistakes and provide reparations to THE GUAM WAR RESTITUTION ACT never compensated because the Claims the people of Guam. Mr. INOUYE. Mr. President, for near- Act excluded these from awardable in- In 1948, the United States Congress ly three years, the people of Guam en- juries. The enactment of the Claims enacted the War Claims Act of 1948 dured war time atrocities and suf- Act was intended ‘‘to make Guam (Public Law 80–896), which provided fering. As part of Japan’s assault whole.’’ The Claims Act, however, reparation relief to American prisoners

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2217 of war, internees, religious organiza- There being no objection, the text of ‘‘(F) in the case of a claim for a benefit, tions, and employees of defense con- the bill was ordered to be printed in proof of the relationship of the claimant to tractors. The residents of Guam were the RECORD, as follows: the relevant decedent. ‘‘(2) GENERAL DUTIES OF THE COMMISSION TO deemed ineligible to receive repara- S. 524 PROCESS CLAIMS.—With respect to each claim tions under this Act because they were Be it enacted by the Senate and House of filed under this section, the Commission American nationals and not American Representatives of the United States of America shall determine whether the claimant is eli- citizens. In 1950, the United States Con- in Congress assembled, gible for an award or benefit under this sec- gress enacted the Guam Organic Act SECTION 1. SHORT TITLE. tion and, if so, shall certify the claim for (81–630), granting Guamanians Amer- This Act may be cited as the ‘‘Guam War payment in accordance with subsection (d). Restitution Act’’. ican citizenship and a measure of self- ‘‘(3) TIME LIMITATION.—With respect to SEC. 2. AMENDMENT TO ORGANIC ACT OF GUAM government. each claim submitted under this section, the TO PROVIDE RESTITUTION. Commission shall act expeditiously, but in The Congress, in 1962, amended the The Organic Act of Guam (48 U.S.C. 1421 et no event later than 1 year after the receipt War Claims Act to provide benefits to seq.) is amended by adding at the end the fol- of the claim by the Commission, to fulfill claimants who were nationals at the lowing new section: the requirements of paragraph (2) regarding ‘‘SEC. 35. RECOGNITION OF DEMONSTRATED LOY- the claim. time of the war and later became citi- ALTY OF GUAM TO UNITED STATES, ‘‘(4) DIRECT RECEIPT OF PROOF FROM PUBLIC zens. Again, the residents of Guam AND SUFFERING AND DEPRIVATION CLAIMS FILES PERMITTED.—The Commission were specifically excluded. The Con- ARISING THEREFROM, DURING may receive proof of a compensable injury gress believed that the residents of WORLD WAR II. ‘‘(a) DEFINITIONS.—For purposes of this sec- directly from the Governor of Guam, or the Guam were provided for under the tion: Federal custodian of an original claim filed Guam Meritorious Claims Act. At that ‘‘(1) AWARD.—The term ‘award’ means the with respect to the injury pursuant to the time, there was no one to defend Guam, amount of compensation payable under sub- first section of the Act of November 15, 1945 as they had no representation in Con- section (d)(2). (Chapter 483; 59 Stat. 582), if such proof is gress. The Congress also enacted the ‘‘(2) BENEFIT.—The term ‘benefit’ means contained in the respective public records of Micronesian Claims Act for the Trust the amount of compensation payable under the Governor or the custodian. subsection (d)(3). ‘‘(c) ELIGIBILITY.— Territory of the Pacific Islands, but ‘‘(1) ELIGIBILITY FOR AWARDS.—A claimant again excluded Guam in the settle- ‘‘(3) COMMISSION.—The term ‘Commission’ means the Guam Trust Fund Commission es- shall be eligible for an award under this sec- ment. tablished by subsection (f). tion if the claimant meets each of the fol- In 1988, the now inactive Guam War ‘‘(4) COMPENSABLE INJURY.—The term ‘com- lowing criteria: Reparations Commission documented pensable injury’ means one of the following ‘‘(A) The claimant is— 3,365 unresolved claims. There are po- three categories of injury incurred during ‘‘(i) a living Guamanian who personally re- and as a result of World War II: ceived the compensable injury that is the tentially 5,000 additional unresolved basis for the claim, or claims. In 1946, the United States pro- ‘‘(A) Death. ‘‘(B) Personal injury (as defined by the ‘‘(ii) the heir or next of kin of a decedent vided more than $390 million in repara- Commission). Guamanian, in the case of a claim with re- tions to the Philippines, and more than ‘‘(C) Forced labor, forced march, or intern- spect to which the compensable injury is $10 million to the Micronesian Islands ment. death. in 1971 for atrocities inflicted by Japan. ‘‘(5) GUAMANIAN.—The term ‘Guamanian’ ‘‘(B) The claimant meets the requirements of paragraph (3). In addition, the United States pro- means any person who— ‘‘(2) ELIGIBILITY FOR BENEFITS.—A claimant vided more than $2 billion in postwar ‘‘(A) resided in the territory of Guam dur- ing any portion of the period beginning on shall be eligible for a benefit under this sec- aid to Japan from 1946 to 1951. Further, December 8, 1941, and ending on August 10, tion if the claimant meets each of the fol- the United States government liq- 1944, and lowing criteria: uidated more than $84 million in Japa- ‘‘(B) was a United States citizen or na- ‘‘(A) The claimant is the heir or next of nese assets in the United States during tional during such portion. kin of a decedent Guamanian who personally the war for the specific purpose of com- ‘‘(6) PROOF.—The term ‘proof’ relative to received the compensable injury that is the pensating claims of its citizens and na- compensable injury means any one of the fol- basis for the claim, and the claim is made lowing, if determined by the Commission to with respect to a compensable injury other tionals. The United States did not in- than death. voke its authority to seize more assets be valid: ‘‘(A) An affidavit by a witness to such com- ‘‘(B) The claimant meets the requirements from Japan under Article 14 of the pensable injury; of paragraph (3). Treaty of Peace, as other Allied Powers ‘‘(B) A statement, attesting to compen- ‘‘(3) GENERAL REQUIREMENTS FOR ELIGI- had done. The United States, however, sable injury, which is— BILITY.—A claimant meets the requirements did close the door on the claims of the ‘‘(i) offered as oral history collected for of this paragraph if the claimant meets each people of Guam. academic, historic preservation, or journal- of the following criteria: ‘‘(A) The claimant files a claim with the A companion measure to my bill, istic purposes; ‘‘(ii) made before a committee of the Guam Commission regarding a compensable injury H.R. 755, was introduced in the House legislature; and containing all of the information re- of Representatives by Representative ‘‘(iii) made in support of a claim filed with quired by subsection (b)(1). ROBERT UNDERWOOD. The issue of rep- the Guam War Reparations Commission; ‘‘(B) The claimant furnishes proof of the arations for Guam is not a new one for ‘‘(iv) filed with a private Guam war claims compensable injury. the people of Guam and for the United advocate; or ‘‘(C) By such procedures as the Commission States Congress. It has been consist- ‘‘(v) made in a claim pursuant to the first may prescribe, the claimant files a claim ently raised by the Guamanian govern- section of the Act of November 15, 1945 under this section not later than 1 year after (Chapter 483; 59 Stat. 582). the date of the appointment of the ninth ment through local enactments of leg- ‘‘(7) TRUST FUND.—The term ‘Trust Fund’ member of the Commission. islative bills and resolutions, and dis- means the Guam Trust Fund established by ‘‘(4) LIMITATION ON ELIGIBILITY FOR AWARDS cussed with Congressional leaders over subsection (e). AND BENEFITS— the years. ‘‘(b) REQUIREMENTS FOR CLAIMS AND GEN- ‘‘(A) AWARDS.— The Guam War Restitution Act can- ERAL DUTIES OF COMMISSION— ‘‘(i) No claimant may receive more than 1 not fully compensate or erase the ‘‘(1) REQUIRED INFORMATION FOR CLAIMS.— award under this section and not more than atrocities inflicted upon Guam and its Each claim for an award or benefit under 1 award may be paid under this section with this section shall be made under oath and respect to each decedent described in para- people during the occupation by the shall include— graph (1)(A)(ii). Japanese military. However, passage of ‘‘(A) the name and age of the claimant; ‘‘(ii) Each award shall consist of only 1 of this Act would recognize our govern- ‘‘(B) the village in which the individual the amounts referred to in subsection (d)(2). ment’s moral obligation to Guam, and who suffered the compensable injury which ‘‘(B) BENEFITS.— bring justice to the people of Guam for is the basis for the claim resided at the time ‘‘(i) Not more than 1 benefit may be paid the atrocities and suffering they en- the compensable injury occurred; under this Act with respect to each decedent dured during World War II. I urge my ‘‘(C) the approximate date or dates on described in paragraph (2)(A). colleagues to support this measure. which the compensable injury occurred; ‘‘(ii) Each benefit shall consist of only 1 of ‘‘(D) a brief description of the compensable the amounts referred to in subsection (d)(3). Mr. President, I ask unanimous con- injury which is the basis for the claim; ‘‘(d) PAYMENTS.— sent that the text of my bill be in- ‘‘(E) the circumstances leading up to the ‘‘(1) CERTIFICATION.—The Commission shall serted in the RECORD. compensable injury; and certify for payment all awards and benefits

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that the Commission determines are payable ‘‘(8) REFUSAL TO ACCEPT PAYMENT.—If a by the President from recommendations under this section. claimant refuses to accept a payment made made by the Governor of Guam. ‘‘(2) AWARDS.—The Commission shall pay or offered under paragraph (2) or (3) with re- ‘‘(B) TERMS.— from the Trust Fund 1 of the following spect to a claim filed under this section— ‘‘(i) Initial members of the Commission amounts as an award for each claim with re- ‘‘(A) the amount of the refused payment, if shall be appointed for initial terms of 3 spect to which a claimant is determined to withdrawn from the Trust Fund for purposes years, and subsequent terms shall be of a be eligible under subsection (c)(1): of making the payment, shall be returned to length determined pursuant to subparagraph ‘‘(A) $20,000 if the claim is based on death. the Trust Fund; and (F). ‘‘(B) $7,000 if the claim is based on personal ‘‘(B) no payment may be made under this ‘‘(ii) Any member of the Commission who injury. section to such claimant at any future date is appointed to fill a vacancy occurring be- ‘‘(C) $5,000 if the claim is based on forced with respect to the claim. fore the expiration of the term for which labor, forced march, or internment and is ‘‘(9) CLARIFICATION OF TREATMENT OF PAY- such member’s predecessor was appointed not based on personal injury. MENTS UNDER OTHER LAWS.—Awards paid to shall be appointed only for the remainder of ‘‘(3) BENEFITS.—The Commission shall pay eligible claimants— such term. from the Trust Fund 1 of the following ‘‘(A) shall be treated for purposes of the in- ‘‘(C) PROHIBITION OF COMPENSATION OTHER ternal revenue laws of the United States as amounts as a benefit with respect to each THAN EXPENSES.—Members of the Commis- claim for which a claimant is determined eli- damages received on account of personal in- sion shall serve without pay as such, except gible under subsection (c)(2): juries or sickness; and that members of the Commission shall be en- ‘‘(B) shall not be included as income or re- ‘‘(A) $7,000 if the claim is based on personal titled to reimbursement for travel, subsist- sources for purposes of determining eligi- injury. ence, and other necessary expenses incurred bility to receive benefits described in section ‘‘(B) $5,000 if the claim is based on forced by them in carrying out the functions of the 3803(c)(2)(C) of title 31, United States Code, labor, forced march, or internment and is Commission in the same manner that per- or the amount of such benefits. not based on personal injury. sons employed intermittently in the United ‘‘(e) GUAM TRUST FUND.— EDUCTION OF AMOUNT TO COORDINATE ‘‘(4) R ‘‘(1) ESTABLISHMENT.—There is established States Government are allowed expenses WITH PREVIOUS CLAIMS.—The amount re- in the Treasury of the United States the under section 5703 of title 5, United States quired to be paid under paragraph (2) or (3) Guam Trust Fund, which shall be adminis- Code. for a claim with respect to any Guamanian tered by the Secretary of the Treasury. ‘‘(D) QUORUM.—5 members of the Commis- shall be reduced by any amount paid under ‘‘(2) INVESTMENTS.—Amounts in the Trust sion shall constitute a quorum but a lesser the first section of the Act of November 15, Fund shall be invested in accordance with number may hold hearings. 1945 (Chapter 483; 59 Stat. 582) with respect to section 9702 of title 31, United States Code. ‘‘(E) CHAIRPERSON.—The Chairperson of the such Guamanian. ‘‘(3) USES.—Amounts in the Trust Fund Commission shall be elected by the members ‘‘(5) FORM OF PAYMENT.— shall be available only for disbursement by of the Commission. ‘‘(A) AWARDS.—In the case of a claim for an the Commission in accordance with sub- ‘‘(F) SUBSEQUENT APPOINTMENTS.— award, payment under this subsection shall section (f). ‘‘(i) Upon the expiration of the term of be made in cash to the claimant, except as ‘‘(4) DISPOSITION OF FUNDS UPON TERMI- each member of the Commission, the Presi- provided in paragraph (6). NATION.—If all of the amounts in the Trust dent shall reappoint the member (or appoint ‘‘(B) BENEFITS.—In the case of a claim for Fund have not been obligated or expended by another individual to replace the member) if a benefit— the date of the termination of the Commis- the President determines, after consider- ‘‘(i) IN GENERAL.—Payment under this sub- sion, investments of amounts in the Trust ation of the reports submitted to the Presi- section shall consist of— Fund shall be liquidated, the receipts of such dent by the Commission under this section, ‘‘(I) provision of a scholarship; liquidation shall be deposited in the Trust that there are sufficient funds in the Trust ‘‘(II) payment of medical expenses; or Fund, and any unobligated funds remaining Fund for the present and future administra- ‘‘(III) a grant for first-time home owner- in the Trust Fund shall be given to the Uni- tive costs of the Commission and for the pay- ship. versity of Guam, with the conditions that— ment of further awards and benefits for ‘‘(ii) METHOD OF PAYMENT.—Payment of ‘‘(A) the funds are invested as described in which claims have been or may be filed cash under this subsection may not be made paragraph (2); under this title. directly to a claimant, but may be made to ‘‘(B) the funds are used for scholarships to ‘‘(ii) Members appointed under clause (i) a service provider, seller of goods or services, be known as Guam World War II Loyalty shall be appointed for a term of a length that or other person in order to provide to a Scholarships, for claimants described in the President determines to be appropriate, claimant (or other person, as provided in paragraph (1) or (2) of subsection (c) or in but the length of such term shall not exceed paragraph (6)) a benefit referred to in sub- subsection (d)(6), or for such scholarships for 3 years. paragraph (B). the descendants of such claimants; and ‘‘(4) STAFF AND SERVICES.— ‘‘(C) DEVELOPMENT OF PROCEDURES.—The ‘‘(C) as the University determines appro- ‘‘(A) DIRECTOR.—The Commission shall Commission shall develop and implement priate, the University shall endeavor to have a Director who shall be appointed by procedures to carry out this paragraph. award the scholarships referred to in sub- the Commission. ‘‘(6) PAYMENTS ON CLAIMS WITH RESPECT TO paragraph (B) in a manner that permits the ‘‘(B) ADDITIONAL STAFF.—The Commission SAME DECEDENT.— award of the largest possible number of may appoint and fix the pay of such addi- ‘‘(A) AWARDS.—In the case of a claim based scholarships over the longest possible period tional staff as it may require. on the compensable injury of death, payment of time. ‘‘(C) INAPPLICABILITY OF CERTAIN PROVI- of an award under this section shall be di- ‘‘(f) GUAM TRUST FUND COMMISSION.— SIONS OF TITLE 5, UNITED STATES CODE.—The vided, as provided in the probate laws of ‘‘(1) ESTABLISHMENT.—There is established Director and the additional staff of the Com- Guam, among the heirs or next of kin of the the Guam Trust Fund Commission, which mission may be appointed without regard to decedent who file claims for such division by shall be responsible for making disburse- section 5311 of title 5, United States Code, such procedures as the Commission may pre- ments from the Guam Trust Fund in the and without regard to the provisions of such scribe. manner provided in this section. title governing appointments in the competi- ‘‘(B) INDIVIDUALS PROVING CONSANGUINITY ‘‘(2) USE OF GUAM TRUST FUND.—The Com- tive service, and may be paid without regard WITH CLAIMANTS FOR BENEFITS.—Each indi- mission may make disbursements from the to the provisions of chapter 51 and sub- vidual who proves consanguinity with a Guam Trust Fund only for the following chapter III of chapter 53 of such title, relat- claimant who has met each of the criteria uses: ing to classification and General Schedule specified in subsection (c)(2) shall be entitled ‘‘(A) To make payments, under subsection pay rates, except that the compensation of to receive an equal share of the benefit ac- (d), of awards and benefits. any employee of the Commission may not cruing under this section with respect to the ‘‘(B) To sponsor research and public edu- exceed a rate equivalent to the minimum claim of such claimant if the individual files cational activities so that the events sur- rate of basic pay payable for GS–15 of the a claim with the Commission by such proce- rounding the wartime experiences and losses General Schedule under section 5332(a) of dures as the Commission may prescribe. of the Guamanian people will be remem- such title. ‘‘(7) ORDER OF PAYMENTS.—The Commission bered, and so that the causes and cir- ‘‘(D) ADMINISTRATIVE SUPPORT SERVICES.— shall endeavor to make payments under this cumstances of this event and similar events The Administrator of General Services shall section with respect to awards before mak- may be illuminated and understood. provide to the Commission, on a reimburs- ing such payments with respect to benefits ‘‘(C) To pay reasonable administrative ex- able basis, such administrative support serv- and, when making payments with respect to penses of the Commission, including ex- ices as the Commission may request. awards or benefits, respectively, to make penses incurred under paragraphs (3)(C), (4), ‘‘(5) GIFTS AND DONATIONS.—The Commis- payments to eligible individuals in the order and (5). sion may accept, use, and dispose of gifts or of date of birth (the oldest individual on the ‘‘(3) MEMBERSHIP.— donations of funds, services, or property for date of the enactment of this Act, or if appli- ‘‘(A) NUMBER AND APPOINTMENT.—The Com- uses referred to in paragraph (2). The Com- cable, the survivors of that individual, re- mission shall be composed of 9 members who mission may deposit such gifts or donations, ceiving payment first) until all eligible indi- are not officers or employees of the United or the proceeds from such gifts or donations, viduals have received payment in full. States Government and who are appointed into the Trust Fund.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2219 ‘‘(6) TERMINATION.—The Commission shall ‘‘(i) LIMITATION OF AGENT AND ATTORNEY government and divisions of power be- terminate on the earlier of— FEES.—It shall be unlawful for an amount tween the federal and state govern- ‘‘(A) the expiration of the 6-year period be- exceeding 5 percent of any payment required ments found in the articles and the ginning on the date of the appointment of by this section with respect to an award or amendments of the Constitution. the first member of the Commission; or benefit to be paid to or received by any agent ‘‘(B) the date on which the Commission or attorney for any service rendered in con- Although our currency celebrates the submits to the Congress a certification that nection with the payment. Any person who men who first drafted the Constitution, all claims certified for payment under this violates this section shall be fined under it doesn’t celebrate their most nobel section are paid in full and no further claims title 18, United States Code, or imprisoned achievement. Shouldn’t this greatest of are expected to be so certified. for not more than 1 year, or both. American achievements be in the ‘‘(g) NOTICE.—Not later than 90 days after ‘‘(j) DISCLAIMER.—No provision of this sec- hands of all Americans? the appointment of the ninth member of the tion shall constitute an obligation for the All presidents, likewise all public of- Commission, the Commission shall give pub- United States to pay any claim arising out ficers, swear to ‘‘preserve, protect and lic notice in the territory of Guam and such of war. The compensation provided in this section is ex gratia in nature and intended defend’’ the Constitution. No country other places as the Commission deems appro- can survive if it loses its philosophical priate of the time limitation within which solely as a means of recognizing the dem- claims may be filed under this section. The onstrated loyalty of the people of Guam to moorings. The freedoms and liberties Commission shall ensure that the provisions the United States, and the suffering and dep- we enjoy give substance, value and of this section are widely published in the rivation arising therefrom, during World War meaning to the laws by which we live. territory of Guam and such other places as II. Our Nation’s philosophy can be taken the Commission deems appropriate, and the ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— for granted in the daily business of Commission shall make every effort both to There are authorized to be appropriated, lawmaking. Yet we can hear in John F. advise promptly all individuals who may be from sums appropriated to the Department of the Interior, such sums as may be nec- Kennedy’s inaugural address that we entitled to file claims under the provisions do not defend America’s laws, we de- of this title and to assist such individuals in essary to carry out this section, including the preparation and filing of their claims. the administrative responsibilities of the fend its philosophy—a philosophy em- ‘‘(h) REPORTS.— Commission for the 36-month period begin- bodied in the Constitution. ‘‘(1) COMPENSATION AND CLAIMS.—Not later ning on the date of the appointment of the Seventy-five percent of Americans than 12 months after the formation of the ninth member of the Commission. Amounts say that ‘‘The Constitution is impor- Commission, and each year thereafter for appropriated pursuant to this section are au- tant to them, makes them proud, and which the Commission is in existence, the thorized to remain available until ex- is relevant to their lives.’’ Commission shall submit to the Congress, pended.’’. So important is this document that the President, and the Governor of Guam a SEC. 3. RECOMMENDATION OF FUNDING MEAS- URES. we built the Archives in Washington to report containing a determination of the spe- house and safeguard it. Hundreds of cific amount of compensation necessary to Not later than 1 year after the date of the fully carry out this section, the expected submission of the first report submitted thousands go there each year to see it. amount of receipts to the Trust Fund, and under section 35(h)(1) of the Organic Act of However, ninety-four percent of Ameri- all payments made by the Commission under Guam (as added by section 2 of this Act), the cans don’t know all of the rights and this section. The report shall also include, President shall submit to the Congress a list freedoms found in the First Amend- with respect to the year which the report of recommended spending cuts or other ment. Sixty-two percent of Americans concerns— measures which, if implemented, would gen- can’t name our three branches of gov- erate sufficient savings or income, during ‘‘(A) a list of all claims, categorized by ernment. compensable injury, which were determined the first 5 fiscal years beginning after the date of the submission of such list, to pro- Six hundred thousand legal immi- to be eligible for an award or benefit under grants come to America each year. this section, and a list of all claims, cat- vide the amount of compensation necessary egorized by compensable injury, which were to fully carry out this section (as determined Often their first sight of America is the certified for payment under this section; and in such first report). Statue of Liberty, holding high her ‘‘(B) a list of all claims, categorized by torch, symbolizing our light and our compensable injury, which were determined By Mr. WARNER: freedom. Many of these immigrants be- not to be eligible for an award or benefit S. 525. A bill to require the Secretary come American citizens by the natu- under this section, and a brief explanation of of the Treasury to redesign the $1 bill ralization process and learn more the reason therefor. so as to incorporate the preamble to about the Constitution than many nat- ‘‘(2) ANNUAL OPERATIONS AND STATUS OF the Constitution of the United States, ural born citizens. TRUST FUND.—Beginning with the first full the Bill of Rights, and a list of the Ar- If America’s most patriotic symbol— fiscal year ending after submission of the ticles of the Constitution on the re- first report required by paragraph (1), and the Constitution—were on the back of annually thereafter with respect to each fis- verse side of such currency; to the the one dollar bill, wouldn’t we all cal year in which the Commission is in exist- Committee on Banking, Housing, and know more about our Government? ence, the Commission shall submit a report Urban Affairs. The Constitution should be in the to Congress, the President, and the Governor LIBERTY DOLLAR BILL ACT hands of every American. of Guam concerning the operations of the Mr. WARNER. Mr. President, I rise Our Constitution is a beacon of light Commission under this section and the sta- today to reintroduce the Liberty Dol- for the world. People everywhere tus of the Trust Fund. Each such report shall lar Bill Act. should be able to hold up our one dollar be submitted not later than January 15th of the first calendar year beginning after the Last year, students at Liberty Middle bill as a symbol of the freedom of mod- end of the fiscal year which the report con- School in Ashland, Virginia came up ern democracy. cerns. with an idea. The measure I introduce I am proud to join my colleague in ‘‘(3) FINAL AWARD REPORT.—After all today simply implements their vision. the House of Representatives, Chair- awards have been paid to eligible claimants, This bill directs the Treasury to place man TOM BLILEY, and reintroduce the the Commission shall submit a report to the the actual language from the Constitu- companion legislation in the Senate. Congress, the President, and the Governor of tion on the back of the one dollar bill. The Liberty Dollar Bill Act directs the Guam certifying— Our founding fathers met in 1787, to Secretary of the Treasury to incor- ‘‘(A) the total amount of compensation write what would become the model for paid as awards under this section, broken porate the preamble to the Constitu- down by category of compensable injury; and all modern democracies—the Constitu- tion of the United States, the Bill of ‘‘(B) the status of the Trust Fund and the tion. Washington, Madison, Franklin, Rights, and a list of the Articles of the amount of any existing balance thereof. Hamilton and many other great Ameri- Constitution on the reverse side of the ‘‘(4) FINAL BENEFITS REPORT.—After all cans met for four months that year to one dollar bill. benefits have been paid to eligible claimants, ignite history’s greatest light of gov- Mr. President, I agree with the stu- the Commission shall submit a report to the ernment. dents of Liberty Middle School. The Congress, the President, and the Governor of They argued, fought, and com- Constitution belongs to the people. It Guam certifying— promised to create a lasting democ- ‘‘(A) the total amount of compensation should be in their hands. paid as benefits under this section, broken racy, built on a philosophy found in the I want to commend the students of down by category of compensable injury; and preamble of the constitution. And they Liberty Middle School and their teach- ‘‘(B) the final status of the Trust Fund and protected this philosophy and these er, Mr. Randy Wright for their con- the amount of any existing balance thereof. ideals by creating three branches of tribution to our Nation. I hope all my

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2220 CONGRESSIONAL RECORD — SENATE March 3, 1999 colleagues in the Senate will see the cilities that can use private activity of accessing the public capital mar- wisdom of these students and join me bonds. As you can see, these bonds are kets. as a cosponsor of this legislation. Let used to finance a wide range of public Changing these current tax laws the Nation hear that the younger gen- projects: from airports and mass com- would help local school districts eration can provide ideas that become muting facilities, to qualified residen- throughout the United States. Our leg- the laws of our land. tial rental projects and environmental islation would foster even more innova- enhancements of hydroelectric gener- tive approaches to finance the building By Mr. GRAHAM (for himself, ating facilities. and refurbishment of our public Mr. GRASSLEY, Mr. DEWINE, Mr. The importance of adding public edu- schools. Such public-private partner- TORRICELLI, Mrs. HUTCHISON, cational facilities to this list is that ships would speed construction of new and Mr. KERREY): these bonds would be tax exempt. And schools and reduce costs to commu- S. 526. A bill to amend the Internal I emphasize the word public because nities. Revenue Code of 1986 to allow issuance private non-profit elementary and sec- Mr. GRASSLEY. Mr. President, of tax-exempt private activity bonds to ondary schools already have the ability today, I am joining my colleague from finance public-private partnership ac- to issue tax-exempt facility bonds. Florida, Senator GRAHAM, in intro- tivities relating to school facilities in Public schools should have the same ducing the School Construction Fi- public elementary and secondary tax treatment. Our legislation gives nancing Improvement Act of 1999. schools, and for other purposes; to the public schools parity with private The single most important source of Committee on Finance. schools. funding for investment in public school THE PUBLIC SCHOOL CONSTRUCTION The public/private partnership in construction and rehabilitation is the PARTNERSHIP ACT school construction through the use of tax-exempt bond market. Tax-exempt Mr. GRAHAM. Mr. President, I rise private activity bonds is already being bonds finance approximately 90 percent today along with Senators GRASSLEY, used in the Canadian Province of Nova of the nation’s investment in public KERREY, DEWINE, TORRICELLI, and Scotia. Here is how it works: a private schools. In my home state of Iowa over HUTCHISON to introduce the Public corporation builds the school and $625 million in tax-exempt bonds were School Construction Partnership Act. leases it to the school district at a re- issued to school districts in 1998 alone. There is a well-recongized need As teachers, students, parents, and duced rate. The private entity supple- throughout the country for billions of school administrators know, the ments the cost of the building by leas- additional new dollars in school con- United States faces a school infrastruc- ing it for other uses during non-school ture crisis. Many of our schools are struction and rehabilitation. A report hours. from the General Accounting Office more than 50 years old and crumbling, This approach has been a success. Ac- says urban schools alone need $112 bil- and the General Accounting Office esti- cording to a study by Ron Utt at the lion in repairs over three years to bring mates that it will cost about $112 bil- Heritage Foundation, 41 new schools their buildings back into working lion to bring them into good repair. have either been completed or ap- Moreover, this estimate does not take order. That same study says about 14 proved for construction under the Pub- million children attend U.S. schools in into account the need for new con- lic/Private Partnership Program. In need of extensive repairs, and about 7 struction. The U.S. Department of Edu- the next three years, Nova Scotia ex- million attend schools with life threat- cation projects that some 1.9 million pects to replace 10 percent of its ening safety code violations. more students will be entering schools schools through such partnerships. American schoolchildren attending in the next 10 years. At current prices, I am optimistic that enabling com- schools with leaky roofs, inadequate it will cost about $73 billion to build munities in the United States to have bathrooms, poor air quality, and unre- the new schools needed to educate this the same opportunity will foster the liable fire protection equipment is an growing student population. Mr. Presi- same results. unacceptable state of affairs. We need dent, I might add that my own State is Another portion of this legislation to step up to the plate and address this gaining 60,000 new students each year. would help relieve some of the burdens issue, not only promptly, but also prop- By the end of the decade, Florida’s stu- on small and rural school districts. erly. The administration’s proposed use dent enrollment will have increased 25 Current law relieves small issuers of of tax credit bonds is inherently un- percent more than the population as a tax-exempt bonds for qualified school workable and inefficient. The school whole. construction from onerous federal arbi- districts in states all across this land Education is rightfully a state and trage regulations, but more relief is need greater flexibility not more fed- local matter, but the federal govern- needed. The calculations required to eral regulations and controls. ment can play a helpful, non-intrusive determine the amount of arbitrage re- Tax-exempt bonds have proven to be role in assisting communities over- bate are extremely complex and often an effective financial instrument to whelmed by explosive increases in stu- require that a local government hire an fund school rehabilitation and con- dent enrollment. We at the federal outside consultant. Despite the trouble struction. Therefore, it is appropriate level should help empower local school and expense of compliance, rebate and necessary to examine tax code lim- districts to find innovative, cost effec- amounts are usually quite small. Local itations on the use of tax-exempt bonds tive ways to finance new schools and governments sometimes spend much for schools and to consider ways to repair aging ones. more to comply with the rebate rules amend the code to give school districts The bill I am introducing today with than the amount actually rebated to even greater access to the capital they Senator GRASSLEY provides new flexi- the Treasury. earnestly need and deserve. Let’s ex- bility to state and local efforts to fi- This legislation would permit school pand on something that works. nance new schools and repair older districts to keep funds earned on bond The administration has proposed pol- ones. I believe that we should be pro- proceeds instead of reimbursing the icy initiatives to enhance and expand viding a ‘‘cafeteria plan’’ of options to Treasury Department if the bonds of- the use of tax credit bonds called choose from in order to enable local fered by the district totalled less than ‘‘Qualified Zone Academy Bonds’’ or and state governments to have a vari- $15 million that year, or if the bonds QZABs. However the QZAB program ety of financing tools available to are spent within four years. has proven incapable of attracting in- them. An innovative means of financ- Our legislation would also increase vestors due to inherent flaws in tax ing the building or renovation of a the amount of bonds banks can hold credit bonds that make them ex- school in an urban area like Miami and still receive tax exempt status. tremely illiquid and unpredictable in- won’t necessarily be the best option for Currently, banks may deduct their in- vestments, and specific limitations on a rural town in Iowa. Therefore, our terest expense for loans if the bonds the use of these bonds imposed by the legislation provides four different al- are less than $10 million in a one year federal government on the states. ternatives to ease the burden of financ- period. We would increase that limit to These significant and crippling limita- ing public school construction. $25 million, allowing school bonds to be tions include the exclusion of indi- One alternative is to add educational bought directly by the banks without vidual investors from purchasing facilities to the list of 12 types of fa- having to undertake the complexities QZABs,

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2221 the requirement that school districts schools receive the crucial funds nec- few years back there were 500,000 steel- secure hard to come by ‘‘private busi- essary to build and repair America’s workers in the United States; now that ness contributions’’, and prohibitions schools. number is down to about 160,000, and on the use of QZABs to fund new school more are going daily and weekly as a construction projects. By Mr. HATCH: result of this dumped steel coming into Experience and study has shown that S. 527. A bill to amend the Har- the United States. tax exempt bonds are a more workable, monized Tariff Schedule of the United The existing laws are totally insuffi- more efficient, and more popular alter- States to suspend temporarily the duty cient. When the administrative proce- native to QZABs. This bill reflects my with respect to the personal effects of dures are taken under existing law, it belief that the wisest course to achiev- participants in certain athletic events; takes months. For example, complaints ing the goal of providing schools with to the Committee on Finance. filed in September of 1998 will not be necessary capital to build and rehabili- TREATMENT OF PERSONAL EFFECTS OF PARTICI- heard, adjudicated, decided, until May. tate our nation’s schools is to continue PANTS IN CERTAIN WORLD ATHLETIC EVENTS Then there will be some retroactive refining tax code limitations on the use Mr. HATCH. Mr. President, I am in- duty imposition. Meanwhile, thousands of tax-exempt bonds. troducing today an amendment to sub- of steelworkers will be losing their The legislation Senator GRAHAM and chapter II of chapter 99 of the Har- jobs. The steel industry will be suf- I are introducing today is designed to monized Tariff Schedule of the United fering tremendous losses from which it narrowly target the use of tax-exempt States. My amendment would allow cannot recover. bonds to school construction alone and athletes participating in world events, Beyond the issue of the industry do not change any tax code provisions such as the Salt Lake 2002 Winter itself and the workers, we have the designed to prevent abuse of bond Olympic Games, to bring into the paramount issue on national defense, issuance authority. United States, duty free, such personal the industrial base for the United The first provision would allow effects as equipment expressly used in States. school districts to make use of public- the sporting events, and then re-ex- My legislation would provide a pri- private partnerships in issuing tax-ex- ported with departing athletes at the vate right of action so that injured par- empt bonds for public school construc- termination of the events. ties could go into a Federal court, into tion or rehabilitation. The bonds would This bill is needed to relieve both a court of equity, and get immediate be exempt from the annual state vol- Customs officials and event partici- relief. This legislation is similar to leg- ume caps. This will allow schools to le- pants of immense amounts of docu- islation which I have introduced as far verage private investment in school fa- mentation required in the past for such back as 1982 where I sought injunctive cilities and would encourage school exceptions to Customs laws and prac- relief. It now appears that injunctive districts to partner with private inves- tices. However, this amendment does relief is not consistent with GATT, al- tors in new and creative ways. not exempt such items from inspection though GATT international trade laws The second provision addresses the by Customs officials, inspections which are consistent with U.S. trade laws current two year construction spend- can be made entirely on their discre- which prohibit subsidized or dumped down exemption in arbitrage rebate tion, nor does it allow the entry of goods from coming into the United regulations. This policy allows the ex- items barred under current law. This States. emption of bonds from arbitrage rebate The remedy which is provided in this same bill, which I introduced in the if the issuer spends virtually all its bill would be that tariffs would be im- prior, 105th Congress was favorably re- bond proceeds within two years of the posed at the direction of the Federal ported out by both the House Ways and time these bonds for construction court as the form of equitable relief, Means Committee and the Senate Fi- projects are issued. We recommend an and these tariffs would then be paid nance Committee, and incorporated in extension of this exemption from two over to the damaged parties—to the the Omnibus Trade Bill which failed years to four years for school bonds. steelworkers who had sustained dam- passage. Often the two year limit is insufficient ages as a result of losing their jobs and to cover major construction projects, By Mr. SPECTER: to the steel companies which had sus- especially when multiple projects are S. 528. A bill to provide for a private tained damages from loss of sales as a funded from a single bond issue. The right of action in the case of injury result of this illegal steel coming into extension of time limit on the exemp- from the importation of certain the United States which is dumped or tion provision will also improve the dumped and subsidized merchandise; to subsidized. There have been rallies held across flexibility of school districts that use the Committee on Finance. bonds and relive the school bond issuer the United States and on the west end UNFAIR FOREIGN COMPETITION ACT OF 1999 from superfluous and burdensome tax of the Capitol not too long ago. The compliance costs. Mr. SPECTER. Mr. President, I have Senate Steel Caucus, which I have the The second provision would also raise sought recognition for the purpose of privilege to chair, has had a series of from $10 million to $15 million the vol- introducing the Unfair Foreign Com- hearings, including one in Pittsburgh ume of school construction bonds a petition Act of 1999. This legislation is on February 18. small school district could issue each in response to a crisis facing the steel There are a variety of legislative pro- year and still qualify for the small- industry in the United States as a re- posals now pending before the Con- issuer arbitrage rebate exemption. This sult of subsidized and dumped goods gress: Tariffs, changing the U.S. law to provision expands the benefits of the coming into the United States from a conform to international laws to make small-issuer rebate exemption to a variety of countries—from Russia, it easier to get relief under 201 and 301. much broader universe of small school from Brazil, from Japan, from Indo- But there is nothing on the books bond issuers. nesia—where steel is being sold in the which would be as effective as the kind The third provision of the bill would United States at far under cost of pro- of equitable relief which would be pro- permit banks to invest in certain quali- duction and far under the price steel is vided by this private right of action. fied tax-exempt school construction being sold for in those countries. There is litigation pending now in the bonds without penalty. Before the Tax We know the financial problems Federal court in Ohio brought by Reform Act of 1986 that imposed a tax which are present now in Russia where Wheeling-Pittsburgh where, after I penalty on banks that earn tax-exempt they are very anxious to have dollars conferred with the officials of that interest, commercial banks were one of and are selling steel in America for company, they brought an equity ac- the most active groups of investors in anything, virtually, that they can get tion in the State courts seeking equi- the municipal bond market. This provi- for it. A similar problem has arisen table relief, and it has since been trans- sion would directly reduce the cost of with respect to other countries. ferred to the Federal courts. I believe borrowing for new school construction The steel industry has modernized, that cause of action, that claim for re- and would result in more investment in spending some $50 billion, and simply lief in the Federal court, is well found- public schools. cannot compete with this kind of sub- ed. I urge my colleagues to join Senator sidy on dumped goods. Thousands of This legislation would remove any GRAHAM and myself in trying to help steelworkers are losing their jobs. A doubt that the injured parties—the

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When that is idea which was originated by the dis- As chairman of the Senate Steel Cau- done, then there has to be a hearing tinguished Senator from Ohio, Senator cus, I am well aware that the current within 5 days where the moving party DEWINE, on legislation which he has in- financial crisis in Asia and elsewhere then seeks a preliminary injunction. troduced. has generated surges in U.S. imports of Then the court hears the evidence and When we had sought injunctive relief, steel. Recently released statistics by makes a determination as to a prelimi- it had been sufficient just to stop the the Department of Commerce note that nary injunction, and then further hear- steel from coming into the United the year-to-date final statistics ings to make a determination as to a States immediately, and then there through November of 1998 show steel permanent injunction. I outline that would have been no further damage. imports of 35.1 million metric tons, an very, very briefly to signify the speed That is not GATT consistent. It is increase of 8.7 million metric tons over that you can have action if you go into GATT consistent to have duties im- the 26.4 million metric tons through the Federal court. posed, and then if any steel comes in, November 1997. While the preliminary A court of equity is designed to pro- those duties ought to be a deterrent to data on steel imports for December 1998 vide prompt relief upon the showing of stop dumped and subsidized steel from shows a decrease in imports of hot- the requisite proofs. The difficulty coming into the United States. But to rolled steel products, one month is not with waiting for administrative action, the extent any further steel comes in, a trend. In fact, overall steel imports action by the executive branch, is that those duties would be collected by the in 1998 were considerably higher than we know as a matter of experience that Treasury and then paid over to the in- in 1997, and total imports of hot-rolled the executive branch defers to foreign jured parties—the steelworkers who steel were up 73 percent from 1997 to policy or defense policy. have lost wages or lost their jobs, or 1998. The flooding of steel on the U.S. There is grave concern in the admin- the industry which has been damaged market from Asian countries, as well istration, expressed by a variety of ad- by this illegal dumping and this illegal as countries of the former Soviet Union ministration officials, about what will subsidy. and Brazil, have led the Senate and happen to the Russian economy. Of Mr. President, I have sought recogni- House Steel Caucuses to hold joint course, there are grounds for concern tion to reintroduce legislation to pro- hearings and receive testimony from about the Russian economy but not vide for a private right of action for an steel company executives and union sufficient concerns so as to override injured party to sue in Federal court to representatives on the growing prob- what will happen to the American steel stop goods from coming into this coun- lems of steel imports and their trou- industry. What happens to the Rus- try which are subsidized, dumped or bling effect on our economy and our sians is important but, frankly, not as otherwise sold in violation of our trade ability to retain high-paying jobs. important to this Senator as what hap- laws. My legislation, the Unfair For- I believe in free trade. But the es- pens to Pennsylvanians or to people in eign Competition Act of 1999, is based sence of free trade is selling goods at a West Virginia or to people in Indiana, on legislation I have introduced since price equal to the cost of production Ohio, or Illinois—to mention only a few 1982 and most recently during the 103rd and a reasonable profit. Where you of the States which are impacted by Congress in 1993. have dumping—the sale of goods in the these subsidized and dumped goods. I have revised the legislation so that United States at prices lower than the I am reminded, Mr. President, about at the conclusion of the case and upon price at which such goods are being an event back in 1984 when there was a the finding of liability, the court will sold by the producing companies in favorable ruling for the steel industry direct the Customs Service to assess an their own country or in some other from the International Trade Commis- antidumping duty on the dumped or country—it is the antithesis of free sion. The President had the authority subsidized product. Duties collected trade. We have too long sacrificed to override that determination. My will be distributed to steelworkers for American industry and American jobs then colleague Senator Heinz and I damages sustained from loss of wages in the name of foreign policy or defense made the rounds of the International resulting from loss of jobs due to ille- policy, without having the proper en- Trade Representative, William Brock, gal imports, and the affected domestic forcement of the laws because the exec- and of the Secretary of Commerce, producers of the product for qualifying utive branch, whether it is a Demo- Malcolm Baldrige, and we found great expenditures which may include equip- cratic administration or a Republican sympathy with having the laws of the ment, research and development, per- administration, has made concessions United States and the international sonnel training, acquisition of tech- for foreign policy and defense interests. trade laws enforced. When we talked to nology, health care benefits, pension For many years, foreign policy and the Secretary of State and the Sec- benefits, environmental equipment, defense policy have superseded basic retary of Defense, they were more con- training or technology, acquisition of fairness on trade policy. I received a cerned about their problems—foreign raw materials, or borrowed working comprehensive education on this sub- policy and defense policy. Ultimately, capital. ject back in 1984 when there was a fa- the President overruled the Inter- I am introducing this legislation to vorable ruling by the ITC for the Amer- national Trade Commission to the det- respond to the substantial dumping of ican steel industry, but it was subject riment of the American steel industry. foreign goods on the U.S. market, par- to review by the President. At that Regrettably, that is what happens. ticularly steel. As Hank Barnette, chief time my colleagues, Senator Heinz and We have had meetings of the Steel executive officer of Bethlehem Steel, I visited every one of the Cabinet offi- Caucus with the key officials of the ex- wrote as early as in an August 6, 1998 cers in an effort to get support to see ecutive branch. When it comes to the op-ed in the Washington Times, the to it that International Trade Commis- Secretary of Commerce or the Trade United States has become ‘‘The Dump- sion ruling in favor of the American Representative, there has been a cer- ing Ground’’ for foreign steel. He noted steel industry was upheld. Then-Sec- tain amount of sympathy for the posi- that Russia has become the world’s retary of Commerce Malcolm Baldrige tion of the steel industry. number one steel exporting nation and was favorable, and International Trade What we need to do is to take this that China is now the world’s number Representative Bill Brock was favor- issue out of international politics—pol- one steel-producing nation, while enor- able. We received a favorable hearing itics at the highest level, where there mous subsidies to foreign steel. As one in all quarters until we spoke with are concerns for foreign policy or de- example, Mr. Barnette cited the Com- then-Secretary of State Shultz and

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2223 then-Secretary of Defense Weinberger to require deposits or bonds on im- provide a private right of action in who were absolutely opposed to the ported steel from these countries for 90 Federal court to enforce existing laws ITC ruling. President Reagan decided days prior to the dumping margin de- prohibiting illegal dumping or customs to overrule the ITC, and U.S. trade pol- termination and for any steel from fraud. icy and workers again took second these countries brought in after the de- I expanded the scope of this bill in S. place to foreign policy concerns. termination. The Department of Com- 1396, which I introduced on June 19, In the current environment, I believe merce is not expected to make a final 1987, to revise the subsidy provision to more than ever that it is necessary for determination until May 5, 1999; how- include a private right of action to an injured industry to have an oppor- ever, the assessment of duties is con- allow injured American parties to sue tunity to go into federal court and seek tingent on a favorable determination in Federal court for injunctive relief enforcement of America’s trade laws, on injury to the domestic industry against, and monetary damages from, which are currently not being enforced made by the International Trade Com- foreign manufacturers and exporters adequately by the executive branch. mission on June 12, 1999. who receive subsidies and any importer The only way to handle these impor- Assuming that all decisions are fa- related to the manufacturer or ex- tant issues is to see to it that there is vorable, the petitioning industry will porter. This bill would have provided a a private right of action, which is a have waited for months before any ac- comprehensive approach to address time-honored approach in the context tion is taken to remedy the injury done three of the most pernicious, unfair ex- of antitrust law. I believe this is abso- to the industry and its workers. There- port strategies used by foreign compa- lutely necessary if the steel industry fore, a private right of action is nec- nies against American companies: and other U.S. industries subject to un- essary to enable our domestic indus- dumping, subsidies, and customs fraud. fair foreign competition are to have tries to counter foreign subsidies, During full Senate consideration of fairness and to be able to stop foreign dumping, and customs fraud in a time- the Omnibus Trade and Competitive- subsidized and dumped products from ly manner. My bill accomplishes this ness Act (S. 490), I filed the text of S. coming into this country. by providing timely relief by allowing 1396 as Amendment No. 315 on June 19, CURRENT ADMINISTRATIVE REMEDIES for the recovery of tariffs as a result of 1987, and offered it as an amendment to I have long been concerned about the the illegal import. the trade bill on June 25, 1987. This export of subsidized or dumped goods We have seen a long history where amendment, however, was tabled. I to the U.S. market and its impact on American industries have been preju- again filed the text of this bill as an U.S. jobs and industries. Even when our diced, and American jobs have been amendment to the Textile and Apparel government does act aggressively to lost, due to subsidized and dumped Trade Act, S. 2662, on September 9, enforce U.S. trade laws, the process is goods coming into this country. There 1988, and to the Technical Corrections extremely time consuming. It can take is no adequate remedy at the present Act, S. 2238, on September 29, 1988. months after filing a dumping action time to provide domestic industries On July 15, 1987, I joined Senator for the Commerce Department to com- with timely relief from the damage Heinz as an original cosponsor of an plete its investigations, from the sum- caused by such imports. amendment to S. 490 to provide a pri- mary investigation to determine the HISTORY OF THE PRIVATE RIGHT OF ACTION vate right of action in the U.S. Court adequacy of the petition, to the formal LEGISLATION of International Trade for damages investigation of the evidence pre- Since entering the Senate, I have from customs fraud. Although the sented. The Commerce Department been actively involved on this issue. On amendment was accepted by the Sen- then issues a preliminary determina- March 4, 1982, I introduced S. 2167 to ate, it unfortunately was dropped in tion that products are being sold in the provide a private right of action in fed- conference. United States at less than fair value. eral courts to enforce existing laws In the 102nd Congress, I introduced The Department must then make a prohibiting illegal dumping or sub- similar legislation, S. 2508, because the final determination, which can con- sidizing of foreign imports. Hearings Voluntary Restraint Agreements pro- sume several more months. In order to were held on this bill before the Judici- gram was allowed to lapse in spite of secure any relief, though, the Inter- ary Committee on May 24 and June 24, the fact that no multilateral steel national Trade Commission (ITC) must 1982. On December 15, 1982, I offered the agreement was in place. In fact, as an- also independently review the case and text of this bill on the Senate floors as nounced by the United States Trade make a determination about whether an amendment, which was tabled by a Representative, talks on the steel ac- the imports materially injure, or slim margin of 51 to 47. cord had broken down. I might add threaten to injure, the U.S. industry. If During the 96th Congress, I reintro- that this was somewhat strange, Mr. the ITC finds injury or threat of injury, duced this legislation as S. 416 on Feb- President, if not incomprehensible. The the Commerce Department instructs ruary 3, 1983. The Judiciary Committee steel industry had been awaiting an the Customs Service to collect anti- held a hearing on this bill on March 21, agreement on a multilateral steel ac- dumping duties. 1983. I offered the text of S. 418 as an cord which would have prevented sub- In the current hot-rolled carbon steel amendment to the Omnibus Tariff and sidized and dumped goods from coming case currently before the Administra- Trade Act of 1984 on September 19, 1984; into the United States, and then there tion, the petitioners filed on Sep- the amendment was tabled. was a specific recognition by the Trade tember 30, 1998. The investigation by During the 99th Congress, I reintro- Representative, that the effort failed. the Commerce Department’s Inter- duced this legislation as S. 236; I ex- Not to extend the voluntary restraint national Trade Administration was not panded the scope of this bill to include program at that time was a bit mysti- initiated until October 15, 1998. On No- customs fraud violations and intro- fying. In any event, the Judiciary Com- vember 23, 1998, the Commerce Depart- duced S. 1655 on September 18, 1985, and mittee favorably reported S. 2508 by ment found ‘‘critical circumstances’’ in the Judiciary Committee favorably re- unanimous voice vote on August 12, the case. Commerce determined that ported the bill by unanimous voice 1992. Again, the press of other business there was a surge in imports from vote on March 20, 1986. The Finance prevented the Senate from taking up Japan and Russia. This determination, Subcommittee on International Trade this legislation on the floor. coupled with the preliminary injury de- held a hearing on S. 1655 pursuant to a In the 103rd Congress, I introduced cision, allows the Commerce Depart- sequential referral agreement. Signifi- this legislation again, S. 332, in an ef- ment to assess duties retroactively 90 cant progress was made toward reach- fort to move the legislative process for- days from the preliminary determina- ing a unanimous consent agreement for ward. The legislation was referred to tion. On February 12, 1999, the Depart- full Senate consideration of S. 1655 the Judiciary Committee, but once ment of Commerce determined the pre- prior to adjournment of the 99th Con- again, the press of Senate business pre- liminary dumping margin for Japan gress, but the press of other business vented further action on the bill. and Brazil. Later, on February 22, a prevented its coming to the floor for UNFAIR FOREIGN COMPETITION ACT OF 1999 preliminary dumping margin for Rus- action. In the 104th Congress, Senator KOHL sia was determined. The Commerce De- In the 100th Congress, I reintroduced and I introduced legislation to crim- partment then instructed U.S. Customs comprehensive legislation, S. 361, to inalize economic espionage, which was

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The bill face of illegal trade practices such as vania [Mr. SANTORUM] was added as a that I am introducing toady, the Un- dumping, subsidies, and customs fraud. cosponsor of S. 271, a bill to provide for fair Foreign Competition Act of 1999 The best way to handle these trade education flexibility partnerships. will help to combat another form of il- issues is to provide a private right of S. 280 legality—the illegal subsidization and action which will allow U.S. industries At the request of Mr. FRIST, the dumping of foreign products into U.S. the ability to stop foreign subsidies name of the Senator from Pennsyl- markets, which steal jobs from our and dumping on the U.S. market in a vania [Mr. SANTORUM] was added as a workers, profits from our companies timely fashion. cosponsor of S. 280, a bill to provide for and economic growth from our econ- Mr. President, I ask unanimous con- education flexibility partnerships. omy. sent the text of the bill be printed in At the request of Mr. BUNNING, his This legislation provides a private the RECORD. name was added as a cosponsor of S. right of action in federal courts for in- The PRESIDING OFFICER. Without 280, supra. dividuals or corporations who have objection, it is so ordered. S. 319 been injured by dumping, subsides, or Mr. SPECTER. I thank the Chair and customs fraud violations. The bill will I thank my colleague from Vermont. At the request of Mr. LAUTENBERG, the name of the Senator from Cali- enable industries to seek relief through f the Federal courts to halt the illegal fornia [Mrs. BOXER] was added as a co- importation of products. ADDITIONAL COSPONSORS sponsor of S. 319, a bill to provide for There is nothing like the vigor of pri- S. 7 childproof handguns, and for other pur- vate plaintiffs when it comes to the en- At the request of Mr. DASCHLE, the poses. forcement of our trade laws. We need name of the Senator from Hawaii [Mr. S. 331 vigorous private enforcement—that AKAKA] was added as a cosponsor of S. At the request of Mr. JEFFORDS, the this bill would spur—if we are to suc- 7, a bill to modernize public schools for names of the Senator from Oregon [Mr. cessfully chart a course between the the 21st century. WYDEN] and the Senator from Lou- grave dangers of increased protec- S. 85 isiana [Ms. LANDRIEU] were added as tionism and the certain peril which At the request of Mr. BUNNING, the cosponsors of S. 331, a bill to amend the would result from unabated illegal for- names of the Senator from Rhode Is- Social Security Act to expand the eign imports. land [Mr. CHAFEE] and the Senator availability of health care coverage for I believe the bill I am introducing from Louisiana [Mr. BREAUX] were working individuals with disabilities, today would have an important deter- added as cosponsors of S. 85, a bill to to establish a Ticket to Work and Self- rent effect on the practices of our for- amend the Internal Revenue Code of Sufficiency Program in the Social Se- eign trading partners. Under this bill, 1986 to reduce the tax on vaccines to 25 curity Administration to provide such an injured party could file suit in the cents per dose. individuals with meaningful opportuni- U.S. federal district court for the Dis- ties to work, and for other purposes. trict of Columbia or the Court of Inter- S. 98 S. 346 national Trade. If dumping or subsidies At the request of Mr. MCCAIN, the At the request of Mr. ROBB, his name and injury are found, the court would names of the Senator from Alabama then direct the Customs Service to as- [Mr. SHELBY], the Senator from Ala- was added as a cosponsor of S. 346, a sess duties on future importation of bama [Mr. SESSIONS], and the Senator bill to amend title XIX of the Social the article in question. from Ohio [Mr. DEWINE] were added as Security Act to prohibit the Since current administrative rem- cosponsors of S. 98, a bill to authorize recoupment of funds recovered by edies are not consistently and effec- appropriations for the Surface Trans- States from one or more tobacco manu- tively enforced through the Commerce portation Board for fiscal years 1999, facturers. Department and the World Trade Orga- 2000, 2001, and 2002, and for other pur- At the request of Mr. GRAHAM, the nization, this private right of action is poses. name of the Senator from Michigan necessary to enforce the spirit of the S. 174 [Mr. LEVIN] was added as a cosponsor of law. At the request of Mr. MOYNIHAN, the S. 346, supra. A reason to support this bill lies in names of the Senator from Massachu- S. 368 its simplicity. We can enact this legis- setts [Mr. KENNEDY] and the Senator At the request of Mr. COCHRAN, the lation immediately without interfering from Virginia [Mr. ROBB] were added as name of the Senator from Alabama with or precluding more complex set of cosponsors of S. 174, a bill to provide [Mr. SESSIONS] was added as a cospon- initiatives. The essence of this bill is to funding for States to correct Y2K prob- sor of S. 368, a bill to authorize the promote enforcement of existing trade lems in computers that are used to ad- minting and issuance of a commemora- laws and agreements, and, therefore, minister State and local government tive coin in honor of the founding of use our existing trade laws as our best programs. Biloxi, Mississippi. defense against unfair foreign prac- S. 247 S. 371 tices. My bill will free private enter- At the request of Mr. HATCH, the At the request of Mr. GRAHAM, the prise to pursue remedies without delay name of the Senator from Wisconsin names of the Senator from Indiana and put a halt to many discriminatory [Mr. FEINGOLD] was added as a cospon- [Mr. LUGAR] and the Senator from trade practices. sor of S. 247, a bill to amend title 17, Vermont [Mr. JEFFORDS] were added as I ask my colleagues to join me now United States Code, to reform the cosponsors of S. 371, a bill to provide in supporting this legislation to pro- copyright law with respect to satellite assistance to the countries in Central vide relief to he unfair trade practices retransmissions of broadcast signals, America and the Caribbean affected by which constrain our nation’s industry. and for other purposes. Hurricane Mitch and Hurricane We should be proud of the many im- S 258 Georges, to provide additional trade provements made by our industrial . base over the past decade. Our corpora- At the request of Mr. MCCAIN, the benefits to certain beneficiary coun- tions invested capital and the quality names of the Senator from Rhode Is- tries in the Caribbean, and for other of our products has risen dramatically; land [Mr. CHAFEE] and the Senator purposes. however, our nation’s workers have from Oregon [Mr. WYDEN] were added S. 391 suffered significant job losses while our as cosponsors of S. 258, a bill to author- At the request of Mr. KERREY, the corporations have tried to become ize additional rounds of base closures names of the Senator from Alabama more lean and competitive. Clearly our and realignments under the Defense [Mr. SESSIONS], the Senator from Cali- business sector and each and every Base Closure and Realignment Act of fornia [Mrs. FEINSTEIN], and the Sen- American has participated in and borne 1990 in 2001 and 2003, and for other pur- ator from California [Mrs. BOXER] were the burden of improving our competi- poses. added as cosponsors of S. 391, a bill to tive position. S. 271 provide for payments to children’s hos- Even these significant advances how- At the request of Mr. FRIST, the pitals that operate graduate medical ever, are insufficient to compete in the name of the Senator from Pennsyl- education programs.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2225 S. 427 (Mr. BAUCUS) was added as a cosponsor (3) By granting waivers of certain statu- At the request of Mr. VOINOVICH, his of S. 494, a bill to amend title XIX of tory and regulatory requirements, the Fed- name was added as a cosponsor of S. the Social Security Act to prohibit eral Government can remove impediments 427, a bill to improve congressional de- transfers or discharges of residents of for local educational agencies in imple- liberation on proposed Federal private menting educational reforms and raising the nursing facilities as a result of a vol- achievement levels of all children. sector mandates, and for other pur- untary withdrawal from participation (4) State educational agencies are closer to poses. in the medicaid program. local school systems, implement statewide S. 434 SENATE JOINT RESOLUTION 3 educational reforms with both Federal and At the request of Mr. BREAUX, the At the request of Mr. KYL, the name State funds, and are responsible for main- names of the Senator from North Da- of the Senator from New Jersey (Mr. taining accountability for local activities kota [Mr. CONRAD] and the Senator consistent with State standards and assess- TORRICELLI) was added as a cosponsor from Kentucky [Mr. BUNNING] were ment systems. Therefore, State educational of Senate Joint Resolution 3, a joint agencies are often in the best position to added as cosponsors of S. 434, a bill to resolution proposing an amendment to amend the Internal Revenue Code of align waivers of Federal and State require- the Constitution of the United States ments with State and local initiatives. 1986 to simplify the method of payment to protect the rights of crime victims. (5) The Education Flexibility Partnership of taxes on distilled spirits. Demonstration Act allows State educational SENATE JOINT RESOLUTION 11 S. 445 agencies the flexibility to waive certain Fed- At the request of Mr. JEFFORDS, the At the request of Mr. SMITH, the eral requirements, along with related State name of the Senator from North Da- names of the Senator from Idaho (Mr. requirements, but allows only 12 States to kota [Mr. CONRAD] was added as a co- CRAIG), the Senator from Idaho (Mr. qualify for such waivers. sponsor of S. 445, a bill to amend title CRAPO), and the Senator from Okla- (6) Expansion of waiver authority will XVIII of the Social Security Act to re- homa (Mr. INHOFE) were added as co- allow for the waiver of statutory and regu- sponsors of Senate Joint Resolution 11, latory requirements that impede implemen- quire the Secretary of Veterans Affairs tation of State and local educational im- and the Secretary of Health and a joint resolution prohibiting the use of funds for military operations in the provement plans, or that unnecessarily bur- Human Services to carry out a dem- den program administration, while main- onstration project to provide the De- Federal Republic of Yugoslavia (Serbia taining the intent and purposes of affected partment of Veterans Affairs with and Montenegro) unless Congress en- programs, and maintaining such funda- medicare reimbursement for medicare acts specific authorization in law for mental requirements as those relating to healthcare services provided to certain the conduct of those operations. civil rights, educational equity, and account- medicare-eligible veterans. SENATE CONCURRENT RESOLUTION 5 ability. (7) To achieve the State goals for the edu- S. 446 At the request of Mr. BROWNBACK, the cation of children in the State, the focus At the request of Mrs. BOXER, the names of the Senator from New Hamp- must be on results in raising the achieve- names of the Senator from New Jersey shire (Mr. SMITH), the Senator from ment of all students, not process. [Mr. LAUTENBERG] and the Senator Minnesota (Mr. WELLSTONE), the Sen- SEC. 3. DEFINITIONS. from Delaware [Mr. BIDEN] were added ator from Florida (Mr. GRAHAM), the In this Act: as cosponsors of S. 446, a bill to provide Senator from New Mexico (Mr. DOMEN- (1) LOCAL EDUCATIONAL AGENCY; STATE EDU- for the permanent protection of the re- ICI), and the Senator from New Mexico CATIONAL AGENCY.—The terms ‘‘local edu- sources of the United States in the (Mr. BINGAMAN) were added as cospon- cational agency’’ and ‘‘State educational year 2000 and beyond. sors of Senate Concurrent Resolution 5, agency’’ have the meanings given such terms in section 14101 of the Elementary and Sec- S. 459 a concurrent resolution expressing con- ondary Education Act of 1965. REAUX At the request of Mr. B , the gressional opposition to the unilateral (2) OUTLYING AREA.—The term ‘‘outlying names of the Senator from Arkansas declaration of a Palestinian state and area’’ means Guam, American Samoa, the [Mrs. LINCOLN], the Senator from Ar- urging the President to assert clearly United States Virgin Islands, the Common- kansas [Mr. HUTCHINSON], the Senator United States opposition to such a uni- wealth of the Northern Mariana Islands, the from Rhode Island [Mr. CHAFEE], and lateral declaration of statehood. Republic of Palau, the Republic of the Mar- shall Islands, and the Federated States of the Senator from Mississippi [Mr. f COCHRAN] were added as cosponsors of Micronesia. S. 459, a bill to amend the Internal AMENDMENTS SUBMITTED (3) SECRETARY.—The term ‘‘Secretary’’ Revenue Code of 1986 to increase the means the Secretary of Education. (4) STATE.—The term ‘‘State’’ means each State ceiling on private activity bonds. EDUCATION FLEXIBILITY of the 50 States, the District of Columbia, S. 470 PARTNERSHIP ACT OF 1999 the Commonwealth of Puerto Rico, and each At the request of Mr. CHAFEE, the outlying area. name of the Senator from California SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP. [Mrs. FEINSTEIN] was added as a co- JEFFORDS AMENDMENT NO. 31 (a) EDUCATION FLEXIBILITY PROGRAM.— sponsor of S. 470, a bill to amend the (1) PROGRAM AUTHORIZED.— Internal Revenue Code of 1986 to allow Mr. JEFFORDS proposed an amend- (A) IN GENERAL.—The Secretary may carry tax-exempt private activity bonds to be ment to the bill (S. 280) to provide for out an education flexibility program under issued for highway infrastructure con- education flexibility partnerships; as which the Secretary authorizes a State edu- follows: cational agency that serves an eligible State struction. to waive statutory or regulatory require- In the pending bill, strike all after the en- S. 477 ments applicable to 1 or more programs or acting clause and insert the following: At the request of Mr. SCHUMER, the Acts described in subsection (b), other than name of the Senator from New York SECTION 1. SHORT TITLE. requirements described in subsection (c), for This Act may be cited as the ‘‘Education (Mr. MOYNIHAN) was added as a cospon- any local educational agency or school with- sor of S. 477, a bill to enhance competi- Flexibility Partnership Act of 1999’’. in the State. tion among airlines and reduce air- SEC. 2. FINDINGS. (B) DESIGNATION.—Each eligible State par- fares, and for other purposes. Congress makes the following findings: ticipating in the program described in sub- (1) States differ substantially in demo- paragraph (A) shall be known as an ‘‘Ed-Flex S. 487 graphics, in school governance, and in school Partnership State’’. At the request of Mr. GRAMS, the finance and funding. The administrative and (2) ELIGIBLE STATE.—For the purpose of name of the Senator from Missouri funding mechanisms that help schools in 1 this subsection the term ‘‘eligible State’’ (Mr. BOND) was added as a cosponsor of State improve may not prove successful in means a State that— S. 487, a bill to amend the Internal other States. (A)(i) has— Revenue Code of 1986 to provide addi- (2) Although the Elementary and Sec- (I) developed and implemented the chal- tional retirement savings opportunities ondary Education Act of 1965 and other Fed- lenging State content standards, challenging for small employers, including self-em- eral education statutes afford flexibility to State student performance standards, and State and local educational agencies in im- aligned assessments described in section ployed individuals. plementing Federal programs, certain re- 1111(b) of the Elementary and Secondary S. 494 quirements of Federal education statutes or Education Act of 1965, including the require- At the request of Mr. GRAHAM, the regulations may impede local efforts to re- ments of that section relating to name of the Senator from Montana form and improve education. disaggregation of data, and for which local

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educational agencies in the State are pro- (A) IN GENERAL.—Each local educational any State educational agency granting waiv- ducing the individual school performance agency or school requesting a waiver of a ers of Federal statutory or regulatory re- profiles required by section 1116(a) of such Federal statutory or regulatory requirement quirements as described in paragraph (1)(A) Act; or as described in paragraph (1)(A) and any rel- and shall terminate such agency’s authority (II) made substantial progress, as deter- evant State statutory or regulatory require- to grant such waivers if the Secretary deter- mined by the Secretary, toward developing ment from a State educational agency shall mines, after notice and opportunity for hear- and implementing the standards and assess- submit an application to the State edu- ing, that such agency’s performance has been ments, and toward having local educational cational agency at such time, in such man- inadequate to justify continuation of such agencies in the State produce the profiles, ner, and containing such information as the authority. described in subclause (I); and State educational agency may reasonably re- (7) AUTHORITY TO ISSUE WAIVERS.—Notwith- (ii) holds local educational agencies and quire. Each such application shall— standing any other provision of law, the Sec- schools accountable for meeting educational (i) indicate each Federal program affected retary is authorized to carry out the edu- goals and for engaging in the technical as- and the statutory or regulatory requirement cation flexibility program under this sub- sistance and corrective actions consistent that will be waived; section for each of the fiscal years 2000 with section 1116 of the Elementary and Sec- (ii) describe the purposes and overall ex- through 2004. ondary Education Act of 1965, for the local pected results of waiving each such require- (8) PUBLIC NOTICE AND COMMENT.—Each educational agencies and schools that do not ment; State educational agency granted waiver au- make adequate yearly progress as described (iii) describe for each school year specific, thority under this section and each local in section 1111(b) of that Act; and measurable, educational goals, which may educational agency receiving a waiver under (B) waives State statutory or regulatory include progress toward increased school and this section shall provide the public ade- requirements relating to education while student performance, for each local edu- quate and efficient notice of the proposed holding local educational agencies or schools cational agency or school affected by the waiver authority or waiver, consisting of a within the State that are affected by such proposed waiver; description of the agency’s application for waivers accountable for the performance of (iv) explain why the waiver will assist the the proposed waiver authority or waiver in a the students who are affected by such waiv- local educational agency or school in reach- widely read or distributed medium, and shall ers. ing such goals; and provide the opportunity for all interested (3) STATE APPLICATION.— (v) in the case of an application from a members of the community to comment re- (A) IN GENERAL.—Each State educational local educational agency, describe how the garding the proposed waiver authority or agency desiring to participate in the edu- local educational agency will meet the re- waiver. cation flexibility program under this section quirements of paragraph (8). (b) INCLUDED PROGRAMS.—The statutory or shall submit an application to the Secretary (B) EVALUATION OF APPLICATIONS.—A State regulatory requirements referred to in sub- at such time, in such manner, and con- educational agency shall evaluate an appli- section (a)(1)(A) are any such requirements taining such information as the Secretary cation submitted under subparagraph (A) in under the following programs or Acts: may reasonably require. Each such applica- accordance with the State’s educational (1) Title I of the Elementary and Sec- tion shall demonstrate that the eligible flexibility plan described in paragraph (3)(A). ondary Education Act of 1965 (other than State has adopted an educational flexibility (C) APPROVAL.—A State educational agen- subsections (a) and (c) of section 1116 of such plan for the State that includes— cy shall not approve an application for a Act). (i) a description of the process the State waiver under this paragraph unless— educational agency will use to evaluate ap- (i) the local educational agency or school (2) Part B of title II of the Elementary and plications from local educational agencies or requesting such waiver has developed a local Secondary Education Act of 1965. schools requesting waivers of— reform plan that is applicable to such agency (3) Subpart 2 of part A of title III of the El- (I) Federal statutory or regulatory require- or school, respectively; and ementary and Secondary Education Act of ments as described in paragraph (1)(A); and (ii) the waiver of Federal statutory or reg- 1965 (other than section 3136 of such Act). (II) State statutory or regulatory require- ulatory requirements as described in para- (4) Title IV of the Elementary and Sec- ments relating to education; graph (1)(A) will assist the local educational ondary Education Act of 1965. (ii) a detailed description of the State stat- agency or school in reaching its educational (5) Title VI of the Elementary and Sec- utory and regulatory requirements relating goals, particularly goals with respect to ondary Education Act of 1965. to education that the State educational school and student performance. (6) Part C of title VII of the Elementary agency will waive; (5) MONITORING AND PERFORMANCE RE- and Secondary Education Act of 1965. (iii) a description of how the educational VIEW.— (7) The Carl D. Perkins Vocational and flexibility plan is consistent with and will (A) MONITORING.—Each State educational Technical Education Act of 1998. assist in implementing the State comprehen- agency participating in the program under (c) WAIVERS NOT AUTHORIZED.—The Sec- sive reform plan or, if a State does not have this section shall annually monitor the ac- retary and the State educational agency a comprehensive reform plan, a description tivities of local educational agencies and may not waive any statutory or regulatory of how the educational flexibility plan is co- schools receiving waivers under this section requirement of the programs or Acts author- ordinated with activities described in section and shall submit an annual report regarding ized to be waived under subsection (a)(1)(A)— 1111(b) of the Elementary and Secondary such monitoring to the Secretary. (1) relating to— Education Act of 1965; and (B) PERFORMANCE REVIEW.—The State edu- (A) maintenance of effort; (iv) a description of how the State edu- cational agency shall annually review the (B) comparability of services; cational agency will meet the requirements performance of any local educational agency (C) the equitable participation of students of paragraph (8). or school granted a waiver of Federal statu- and professional staff in private schools; (B) APPROVAL AND CONSIDERATIONS.—The tory or regulatory requirements as described (D) parental participation and involve- Secretary may approve an application de- in paragraph (1)(A) and shall terminate any ment; scribed in subparagraph (A) only if the Sec- waiver granted to the local educational (E) the distribution of funds to States or to retary determines that such application agency or school if the State educational local educational agencies; demonstrates substantial promise of assist- agency determines, after notice and oppor- (F) use of Federal funds to supplement, not ing the State educational agency and af- tunity for hearing, that the local edu- supplant, non-Federal funds; and fected local educational agencies and schools cational agency or school’s performance with (G) applicable civil rights requirements; within the State in carrying out comprehen- respect to meeting the accountability re- and sive educational reform, after considering— quirement described in paragraph (2)(B) and (2) unless the underlying purposes of the (i) the eligibility of the State as described the goals described in paragraph (4)(A)(iii) statutory requirements of each program or in paragraph (2); has been inadequate to justify continuation Act for which a waiver is granted continue (ii) the comprehensiveness and quality of of such waiver. to be met to the satisfaction of the Sec- the educational flexibility plan described in (6) DURATION OF FEDERAL WAIVERS.— retary. subparagraph (A); (A) IN GENERAL.—The Secretary shall not (d) CONTINUING ELIGIBILITY.— (iii) the ability of such plan to ensure ac- approve the application of a State edu- (1) IN GENERAL.—Each State educational countability for the activities and goals de- cational agency under paragraph (3) for a pe- agency that is granted waiver authority scribed in such plan; riod exceeding 5 years, except that the Sec- under the provisions of law described in (iv) the significance of the State statutory retary may extend such period if the Sec- paragraph (2) shall be eligible to continue or regulatory requirements relating to edu- retary determines that such agency’s au- the waiver authority under the terms and cation that will be waived; and thority to grant waivers has been effective in conditions of the provisions of law as the (v) the quality of the State educational enabling such State or affected local edu- provisions of law are in effect on the date of agency’s process for approving applications cational agencies or schools to carry out enactment of this Act. for waivers of Federal statutory or regu- their local reform plans and to continue to (2) PROVISIONS OF LAW.—The provisions of latory requirements as described in para- meet the accountability requirement de- law referred to in paragraph (1) are as fol- graph (1)(A) and for monitoring and evalu- scribed in subsection (a)(2)(B). lows: ating the results of such waivers. (B) PERFORMANCE REVIEW.—The Secretary (A) Section 311(e) of the Goals 2000: Edu- (4) LOCAL APPLICATION.— shall periodically review the performance of cate America Act.

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Without to extend a request for a State educational Mr. KENNEDY (for himself, Mr. objection, it is so ordered. agency’s authority to issue waivers under REID, Mr. DODD, and Mr. WELLSTONE) COMMITTEE ON COMMERCE, SCIENCE, AND this section, the Secretary shall review the proposed an amendment to amendment TRANSPORTATION progress of the State education agency, local Mr. FRIST. Mr. President, I ask educational agency, or school affected by No. 31 proposed by Mr. JEFFORDS to the bill, S. 280, supra; as follows: unanimous consent that the Com- such waiver or authority to determine if mittee on Commerce, Science, and such agency or school has made progress to- On page 7, line 21, strike ‘‘and’’ after the ward achieving the desired results described semicolon. Transportation be allowed to meet on in the application submitted pursuant to On page 7, line 24, strike the period and in- Wednesday, March 3, 1999, at 10 a.m. on subsection (a)(4)(A)(ii). sert ‘‘; and’’. pending committee business. (f) PUBLICATION.—A notice of the Sec- On page 7, line 24, insert the following: The PRESIDING OFFICER. Without retary’s decision to authorize State edu- (v) a description of how the State edu- objection, it is so ordered. cational agencies to issue waivers under this cational agency will evaluate, (consistent COMMITTEE ON ENERGY AND NATURAL section, including a description of the ra- with the requirements of title I of the Ele- RESOURCES tionale the Secretary used to approve appli- mentary and Secondary Education Act of Mr. FRIST. Mr. President, I ask cations under subsection (a)(3)(B), shall be 1965), the performance of students in the published in the Federal Register and the schools and local educational agencies af- unanimous consent that the Com- Secretary shall provide for the dissemina- fected by the waivers. mittee on Energy and Natural Re- tion of such notice to State educational On page 9, line 22, strike ‘‘which may in- sources be granted permission to meet agencies, interested parties, including edu- clude progress toward’’ increased school and during the session of the Senate on cators, parents, students, advocacy and civil student performance. Wednesday March 3 for purposes of con- rights organizations, other interested par- On page 11, line 17, insert ‘‘in accordance ducting a joint oversight hearing with ties, and the public. with the evaluation requirement described in the Senate Committee on Indian Af- SEC. 5. PROGRESS REPORTS. paragraph (3)(A)(v),’’ before ‘‘and shall’’. fairs which is scheduled to begin at 9:30 The Secretary, not later than 1 year after On page 12, line 14, before the period insert the date of enactment of this Act and bienni- ‘‘, and has improved student performance’’. a.m. The purpose of this oversight ally thereafter, shall submit to Congress a On page 16, line 9, insert ‘‘and goals’’ after hearing is receive testimony on the report that describes— ‘‘desired results’’. American Indian Trust management (1) the Federal statutory and regulatory On page 16, lines 10 and 11, strike ‘‘sub- practices in the Department of the In- requirements for which waiver authority is section (a)(4)(A)(ii)’’ and insert ‘‘clauses (ii) terior. granted to State educational agencies under and (iii) of subsection (a)(4)(A), respec- The PRESIDING OFFICER. Without this Act; tively’’. objection, it is so ordered. (2) the State statutory and regulatory re- f quirements that are waived by State edu- COMMITTEE ON FINANCE cational agencies under this Act; NOTICES OF HEARINGS Mr. FRIST. Mr. President, the Fi- (3) the effect of the waivers upon imple- nance Committee requests unanimous mentation of State and local educational re- COMMITTEE ON GOVERNMENTAL AFFAIRS consent to conduct a hearing on forms; and Mr. THOMPSON. Mr. President, I ask Wednesday, March 3, 1999 beginning at (4) the performance of students affected by unanimous consent on behalf of the 10 a.m. in room 215 Dirksen. the waivers. Governmental Affairs Committee to The PRESIDING OFFICER. Without meet on Thursday, March 4, 1999, at 10 objection, it is so ordered. WELLSTONE (AND KENNEDY) a.m. for a business meeting to consider COMMITTEE ON GOVERNMENT AFFAIRS AMENDMENT NO. 32 legislation to reform the congressional Mr. FRIST. Mr. President, I ask Mr. WELLSTONE (for himself and budget process. unanimous consent on behalf of the Mr. KENNEDY) proposed an amendment SUBCOMMITTEE ON INVESTIGATIONS Governmental Affairs Committee to to amendment No. 31 proposed by Mr. Ms. COLLINS. Mr. President, I would meet on Wednesday, March 3, 1999, at JEFFORDS to the bill, S. 280, supra; as like to announce for the information of 10 a.m. for a hearing on the Inde- follows: the Senate and the public that the Per- pendent Counsel Act. On page 8, line 4, after ‘‘determines’’ insert manent Subcommittee on Investiga- The PRESIDING OFFICER. Without ‘‘that the State educational agency is car- tions of the Committee on Govern- objection, it is so ordered. rying out satisfactorily all of the State edu- mental Affairs, will hold hearings enti- COMMITTEE ON HEALTH, EDUCATION, LABOR, cational agency’s statutory obligations tled ‘‘Deceptive Mailings and Sweep- under title I of the Elementary and Sec- AND PENSIONS ondary Education Act of 1965 to secure com- stakes Promotions.’’ These hearings Mr. FRIST. Mr. President, I ask prehensive school reform and’’. are the first of an anticipated series of unanimous consent that the Com- On page 12, line 22, after ‘‘hearing,’’ insert hearings the subcommittee plans to mittee on Health, Education, Labor, ‘‘that such agency is not carrying out satis- hold regarding deceptive mailings. The and Pensions, Subcommittee on Aging factorily all of the agency’s statutory obliga- focus of these first hearings will be an be authorized to meet for a hearing on tions under title I of the Elementary and examination of the use of sweepstakes ‘‘Older American Act: Oversight and Secondary Education Act of 1965 to secure by mass marketers and how these mail- comprehensive school reform or’’ Overview’’ during the session of the On page 15, between lines 2 and 3, insert ings impact consumers. Senate on Wednesday, March 3, 1999, at the following: The hearings will take place on Mon- 9:30 a.m. (F) standards, assessments, components of day, March 8th and Tuesday, March The PRESIDING OFFICER. Without schoolwide or targeted assistance programs, 9th, at 9:30 a.m. each day, in room 342 objection, it is so ordered. accountability, or corrective action, under of the Dirksen Senate Office Building. COMMITTEE ON INDIAN AFFAIRS title I of the elementary and Secondary Edu- For further information, please contact Mr. FRIST. Mr. President, I ask cation Act of 1965, as the requirement relates Timothy J. Shea of the subcommittee to local educational agencies and schools; unanimous consent that the Senate staff at 224–3721. Committee on Indian Affairs be author- WELLSTONE AMENDMENT NO. 33 f ized to meet during the session of the Senate on Wednesday, March 3, 1999 at Mr. WELLSTONE proposed an AUTHORITY FOR COMMITTEES TO 9:30 a.m. to mark up the Committee’s amendment to amendment No. 31 pro- MEET posed by Mr. JEFFORDS to the bill, Budget Views and Estimates letter to supra; as follows: COMMITTEE ON ARMED SERVICES the Budget Committee regarding the On page 15, between lines 2 and 3, insert Mr. FRIST. Mr. President, I ask FY 2000 Budget Request for Indian pro- the following: unanimous consent that the Com- grams. (The Joint Hearing with the (F) serving eligible school attendance mittee on Armed Services be author- Senate Committee on Energy and Nat- areas in rank order under section 1113(a)(3) of ized to meet on Wednesday, March 3, ural Resources on American Indian

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2228 CONGRESSIONAL RECORD — SENATE March 3, 1999 Trust Management Practices in the De- versary as spiritual leader of the syna- this matter has not changed, and it is partment of the Interior will imme- gogue. one issue on which I continue to keep diately follow the markup). The Meet- This is a significant milestone for a close eye because of its importance to ing/Joint Hearing will be held in room Rabbi Wainhaus and his congregation. Kentucky.∑ 106 of the Dirksen Senate Office Build- Through his leadership at Congrega- ing. tion Or Shalom he has constantly f The PRESIDING OFFICER. Without worked to reach out to every member BLIND PERSONS EARNINGS objection, it is so ordered. of the congregation, young and old, and EQUITY ACT keep them involved in all aspects of COMMITTEE ON INDIAN AFFAIRS ∑ congregation life. He has particularly Mr. SARBANES. Mr. President, Mr. FRIST. Mr. President, I ask today I rise in support of the Blind Per- unanimous consent that the Senate reached out to young adults as they have left home for college and careers sons Earnings Equity Act, a bill that Committee on Indian Affairs be author- will open up a world of opportunities ized to meet during the session of the in order to keep them connected to their families and community. for blind persons and greatly improve Senate on Wednesday, March 3, 1999 at their lives. Currently, the blind are dis- 9:30 a.m. to conduct a Joint Hearing He has helped provide guidance and insight to innumerable people not just couraged from working by an overly re- with the Senate Committee on Energy strictive provision in the Social Secu- and Natural Resources on American In- at Congregation Or Shalom but within the community as a whole. We cur- rity Act that limits the amount of in- dian Trust Management Practices in come they may earn for themselves. the Department of the Interior. The rently face difficult times, and it is our families and friends, combined with The Blind Persons Earnings Equity Act hearing will be held in room 366 of the would raise that earnings restriction Dirksen Senate Office Building. our churches and synagogues, that pro- vide the support systems which allow and lessen the burden of at least one of The PRESIDING OFFICER. Without the many obstacles to employment objection, it is so ordered. us to confront and overcome the chal- lenges set before us. Through his serv- faced by the blind today. SUBCOMMITTEE ON AIRLAND FORCES ice, Rabbi Wainhaus has helped many Blindness has profoundly adverse so- Mr. FRIST. Mr. President, I ask families over the years surmount these cial and economic consequences, and unanimous consent that the Sub- obstacles and make positive contribu- Social Security benefits are needed to committee on Airland Forces of the tions to their communities. offset the disadvantages suffered by the Committee on Armed Services be au- As this congregation has grown over blind. However, these same laws that thorized to meet on Wednesday, March the years, with God’s divine assistance, are meant to help, must be revised 3, 1999 at 1:30 p.m. in open session, to Rabbi Wainhaus has touched many when it becomes clear they are hin- receive testimony on Army moderniza- lives throughout the community. The dering blind persons from joining the tion. people of Connecticut thank Rabbi workforce and discouraging them from The PRESIDING OFFICER. Without Wainhaus for his service, dedication, becoming fully engaged in society. objection, it is so ordered. and contribution to our state.∑ Instead of encouraging the blind to SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND develop job skills and become produc- f DRINKING WATER tive members of their communities, Mr. FRIST. Mr. President, I ask TAX TREATMENT FOR DOMESTIC the law addressed by this bill penalizes unanimous consent that the Sub- DISTILLERIES them. Once their earnings rise above committee on Fisheries, Wildlife, and ∑ Mr. BUNNING. Mr. President, today I an amount that is barely sufficient to Drinking Water be granted permission signed on as a cosponsor of S. 434, Sen- cover the most basic living expenses, to conduct an oversight hearing on the ator BREAUX’s proposal to equalize the their Social Security benefits are cut Environmental Protection Agency’s tax treatment for domestic distilleries completely. No wonder it is estimated implementation of the 1996 amend- compared to their foreign competitors. that over seventy percent of the em- ments to the Safe Drinking Water Act This is a good bill, and I hope it ployable blind population is either un- Wednesday, March 3, 9 a.m., hearing passes Congress. It would help cut un- employed or underemployed. room (SD–406). necessary taxes for our domestic dis- This statistic, however, does not rep- The PRESIDING OFFICER. Without tilleries, and eliminate a competitive resent an unwillingness to work. On objection, it is so ordered. advantage that our current tax rules the contrary, the blind want to work SUBCOMMITTEE ON WATER AND POWER give to foreign distilleries. I will cer- and take great pride in developing the Mr. FRIST. Mr. President, I ask tainly do what I can to help pass Sen- necessary skills that enable them to unanimous consent that the Sub- ator BREAUX’s bill. contribute to society. committee on Water and Power of the Mr. President, I am submitting this I had the honor of knowing person- Committee on Energy and Natural Re- statement for the CONGRESSIONAL ally a great American leader who just sources be granted permission to meet RECORD to make one thing perfectly happened to be blind. His name was Dr. during the session of the Senate on clear. In supporting this bill, I want Kenneth Jernigan and for over 25 years Wednesday, March 3, for purposes of the Administration, and officials at the he led the organized blind movement in conducting a Water & Power Sub- Treasury Department and the Bureau the United States. As President for the committee hearing which is scheduled of Alcohol, Tobacco and Firearms to National Federation of the Blind, he to begin at 2 p.m. The purpose of this understand that by doing so I reject moved the national headquarters to oversight hearing is to consider the the connection that some have tried to Baltimore where I had the opportunity President’s proposed budget for FY2000 make between the All in bond issue and to meet him. Sadly, Dr. Jernigan for the Bureau of Reclamation and the Section 5010 of the tax code, the wine passed away last year. Power Marketing Administrations. and flavors tax credit. I know that the Dr. Jernigan may have been blind in The PRESIDING OFFICER. Without suggestion has been made that any rev- the physical sense, Mr. President, but objection, it is so ordered. enue loss to the U.S. Treasury caused he was a man of vision nonetheless. In his leadership of the National Federa- f by changes to the All in Bond rules be offset by repealing Section 5010. I re- tion of the Blind, he taught all of us to ADDITIONAL STATEMENTS ject that notion because there is no understand that eyesight and insight logical link between the two issues; the are not related to each other in any ‘‘connection’’ is a bureaucratic fiction. way. Although he did not have eye- RABBI ALVIN WAINHAUS Some who served with me on the con- sight, his insight on life, learning, and ∑ Mr. LIEBERMAN. Mr. President, I ference committee that helped write leading has no equal. Dr. Jernigan de- rise today to honor Rabbi Alvin the tax provisions in the 1995 Balanced voted his life to empowering the blind Wainhaus of Congregation Or Shalom Budget Act will probably remember my and encouraging them to be active in Orange, Connecticut. On March 19th successful efforts to eliminate a provi- members of society. He fought to im- and 20th, he will be honored by Con- sion in the Senate bill that would have prove their access to information, edu- gregation Or Shalom on his 18th anni- repealed Section 5010. My position on cation, jobs, and public facilities.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2229 The overly restrictive earnings cap in have recently been named State Hon- Americans can, and do, play important the Social Security Act represents pre- orees from Oregon in the 1999 Pruden- roles in their communities, and that cisely the kind of unfair law and bar- tial Spirit of Community Awards pro- America’s community spirit continues rier to employment that Dr. Jernigan gram, an annual honor confered on to hold tremendous promise for the fu- battled throughout his life. He knew only one high school student and one ture.∑ first hand about the devastating im- middle-level student in each state, the f pact that restrictions such as this District of Columbia and Puerto Rico. IMPEACHMENT TRIAL could have on the aspirations and hope Mr. Cody Hill, nominated by Lincoln PROCEDURES of blind persons already struggling to High School, created and currently co- overcome tremendous challenges. ordinates a program called ‘‘Guns ∑ Mr. FEINGOLD. Mr. President, with Congress itself has recognized the Aren’t Fun,’’ a toy gun trade-in event the impeachment trial now behind us, I overly restrictive nature of this earn- to encourage kids to trade in their toy wanted to take a moment to make a ings cap. In 1996, we raised the cap for guns for other non-violent toys. His few comments about the process that senior citizens with passage of the Sen- idea is currently being developed into a we experienced and suggest some of the ior Citizens Freedom to Work Act. non-profit organization to spread the lessons that we learned. I hope that in However, the earnings limitation for message of non-violence across the the weeks and months to come, we can blind individuals was left unchanged. country. Due to Cody’s hard work and look back dispassionately and try to Up until that point, for almost twenty determination, more than one hundred take advantage of those lessons to years, the same earnings cap had ap- toy guns have been turned in during make some changes in the Senate’s plied to both senior citizens and blind two trade-in events. Cody has worked rules that might serve us well in future persons under the Social Security Act. closely with local non-profit organiza- impeachment trials. With passage of the 1996 Freedom to tions and, to date, he has collected The process used in the impeachment Work Act, seniors were encouraged to over $13,000 for the purchase of new trial in the Senate was imperfect, but remain active and continue working, toys. Cody has also received recogni- this is not surprising. The only truly but the disincentive to work was unfor- tion in local newspaper detailing his apposite source of precedents took tunately left in place for the blind. volunteer work. place more than 130 years ago. The Consequently, by 2002, seniors will be Mr. Quinn Wilhelmi, nominated by value of the Johnson procedural prece- permitted to earn up to $30,000, but Roosevelt Middle School, began a tu- dents has been undermined in part by blind people who earn over $14,800 (less toring program with fifth grade stu- the changes in our politics, our culture than half as much) will lose their bene- dents in his former elementary school. and our technology. fits. Quinn’s program works to develop the There are many aspects of the trial There is no justification for raising student’s writing skills by helping that history will undoubtedly look the earnings cap for one group and not them compose their autobiographies. upon with favor. Chief Justice the other. Why should we distinguish Through his initiative, Quinn was able Rehnquist, a son of Shorewood, Wis- between two groups that for over twen- to recruit several of his classmates to consin, presided fairly and with dig- ty years were treated even-handedly join in this effort as well, and he has nity. His few rulings were not chal- under the law? What has changed to made a tremendous impact on several lenged. Perhaps most important, he cause us to discriminate between the younger students while working as a provided a steady hand with a dose of two and encourage one to work while writing mentor. humor. We are all in his debt. greatly limiting the opportunities of In light of numerous statistics that In addition, senators approached the the other? By reestablishing parity in indicate Americans today are less in- trial with dignity and collegiality. At the treatment of blind persons and sen- volved in their communities than they the moment of greatest tension be- ior citizens under the Social Security once were, it’s vital that we encourage tween the advocates, good will among Act, this legislation will restore fair- and support the kind of selfless con- senators never faltered. I understand ness to this law and will remedy a pol- tributions these young people have that this may, in part, be due to the icy that has kept the blind locked out made. Young volunteers like Cody and fact that the ultimate outcome of this of rewarding, self-fulfilling employ- Quinn are inspiring examples to us all, trial was never in doubt. Having said ment. and are among our brightest hopes for that, however, senators, really without Although a small number of blind a better tomorrow. I applaud them for exception, took their duties and each persons may become newly eligible for their initiative in seeking to make other seriously. The impeachment of a benefits as a result of this change, their communities better places to president is a painful process, and, as I their number will be a mere fraction of live, and for the positive impact that will discuss further in a moment, it the thousands who do not work because they had on the lives of others. In rec- ought to be painful. The stakes were of the disincentive imposed by this ognition of their efforts, Cody and very high in this trial, yet the Senate earnings limit. By enabling these bene- Quinn will come to Washington, DC in remained a place of civility. This was ficiaries to work, the overall net effect early May, along with other 1999 Spirit in stark contrast to the impeachment of this bill will be to increase payments of Community honorees from across process in the House of Representa- to the Social Security trust funds and the country. While in Washington, ten tives. I hope the relative harmony in bring additional revenue to the Federal students will be named America’s top the Senate restored to this process Treasury as well. youth volunteers of the year by a dis- some of the legitimacy lost in the par- I urge my colleagues to support this tinguished national selection com- tisan din of the other body. necessary legislation that will ensure mittee. The House Managers and the Presi- the blind are treated fairly under the I would also like to recognize four dent’s counsel did well in their indi- law and will empower thousands of other young Oregonians who were rec- vidual presentations. At the outset we blind beneficiaries to become more en- ognized as Distinguished Finalists for senators caucused together and gaged in society through productive their outstanding volunteer service: reached a fair, if imperfect, roadmap employment.∑ April Choate of Bend, Jennifer Fletcher for the early stages of the trial. Ulti- f of Portland, Julia Hyde of Portland, mately, we agreed on a procedural and Tiffany Wright of Springfield. course that took us through the ver- TRIBUTE TO STUDENT They deserve high praise for their hard dict. The tone throughout was civil and VOLUNTEERS work and determination in helping oth- the arguments, by and large, on point. ∑ Mr. SMITH of Oregon. Mr. President, ers in their communities. But we did tie the hands of the advo- I rise today to congratulate and honor It is clear that these young people cates in some ways, and perhaps denied two young Oregonians who have re- have demonstrated a level of commit- ourselves the fullest possible presen- ceived national recognition for exem- ment and accomplishment that is truly tation of the evidence and arguments. plary volunteer service in their com- extraordinary, and I believe they de- The trial consisted, except for the un- munities. Mr. Cody Hill of Portland serve our sincere admiration and re- usual, and not always helpful, question and Mr. Quinn Wilhelmi of Eugene spect. Their actions show that young period, of opening arguments followed

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2230 CONGRESSIONAL RECORD — SENATE March 3, 1999 by several iterations of closing argu- of the trial, the Independent Counsel, record. The hasty and abbreviated im- ments. These arguments were inter- Kenneth Starr, at the behest of the peachment process of the other body spersed with video snippets from grand House Managers, sought from the Dis- helped contribute to a feeling of two jury depositions and depositions by the trict Court an order compelling Monica armed encampments facing each other House Managers. This arrangement, Lewinsky to travel to Washington to in a high stakes contest rather than a pieced together as we went along, did submit to a private interview with the search for truth or justice. Whether a not always make for a coherent nar- House Managers. This interposed the President is convicted or acquitted, no rative. court and the Independent Counsel in credible or politically sustainable re- The House Managers’ theory of the matters properly reserved to the Sen- sult can possibly come from such a case required us to accept a narrative, ate, in which the Constitution vests process. a story of conspiracy, lies and efforts the sole power to try impeachments. In I believe it is important for us to re- to thwart justice. As they told the so doing, he undermined the bipartisan view and analyze the process by which story, each sinister act was offered as agreement of the Senate that it would we conducted this trial and look hon- evidence of the coherent whole. They make procedural determinations re- estly and critically at what worked and had trouble telling a story, due partly garding witnesses following the open- what didn’t. We should then make to flaws in their theory and, to be fair, ing arguments and the question period. changes to the process, now, while the perhaps in small part due to flaws in Both the Republican and Democratic experiences of this trial are fresh in our process. We had no live witnesses. caucuses met throughout the trial to our minds, and hand down to the next The parties alternated control of the discuss the proceedings. I attended Senate that faces the unfortunate task floor, creating a dynamic of thrust and these meetings and I do not assert that of mounting an impeachment trial parry, rather than a methodically con- they were improper, but we could have rules and procedures that will help it structed narrative. better lived up to our oath to do impar- conduct the trial in a manner worthy The managers’ complaints about the tial justice, if we had not held those of the weighty constitutional duty that process in turn became a recurrent regular party caucuses. Those meetings the Framers of the Constitution be- theme in their arguments, resulting in must have seemed to some of our con- queathed to it.∑ greater, and sometimes unfair, latitude stituents to be the place where we plot- f for them in their efforts to make the ted a partisan course. This could not DRUG FREE CENTURY ACT case. For example, on a disappointing have helped the people to have con- ∑ Mr. BURNS. Mr. President, I rise party line vote, the President was de- fidence in our work. today to join the distinguished Senator nied fair notice of the snippets of taped Time and again, we saw the House from Ohio and a number of my col- testimony that would be woven into Managers and the President’s lawyers leagues in supporting the Drug Free the House Managers’ arguments. Then clearly responding to advice from Sen- Century Act. This bill continues last the Senate allowed the House Man- ators. At times they held formal meet- year’s efforts in the fight against drug agers to reserve two of their three ings with Senators. There were count- use in our country in the form of the less casual conversations about the hours of closing arguments for a ‘‘re- Western Hemisphere Drug Elimination case between Senators and the advo- buttal’’ which included new iterations Act, the Drug Free Communities Act, cates for both sides. We are not solely of their various accusations, with no and the Drug Demand Reduction Act, jurors, in the traditional sense, but as opportunity for the defense to reply. all of which I supported. The question of witnesses was dis- triers of fact and law, we would do well During my tenure in office I have torted on both sides by political con- in future impeachment trials to avoid read, listened to, and weighed the de- siderations. The House Managers were these interactions, which really bate over illegal drug use and the pol- counseled by their allies in the Senate amount to ex parte communications. icy our nation should follow in dealing The greatest flaw in the process was not to seek too many witnesses, lest with illegal drugs. In an attempt to put they unnerve Senators with visions of the lack of openness in deliberations. an end to that growing problem, I unseemly testimony on the floor. The The modern Senate has no excuse for signed onto the Western Hemisphere President’s defenders declared that no locking the people out of any of its pro- Drug Elimination Act. This act was a witnesses were necessary; they argued ceedings except for the most serious bipartisan piece of legislation that au- that the House Managers had passed up reasons of national security. The Chief thorized $2.6 billion over three years their chance to hear fact witnesses in Justice ruled forcefully that the Sen- for drug eradication and interdiction the House Judiciary Committee hear- ate in an impeachment trial is not a efforts designed to restore a balanced ings. Neither approach was sound—wit- jury in the ordinary sense of the word. anti-drug strategy. It offered signifi- nesses would have helped, but they With that ruling, any pretext for closed cant promises for the reduction of the should have been chosen and presented deliberations was destroyed. We should supply of coca and opium poppy in in a thoughtful way. I believe, for ex- quickly take steps now that the trial is Latin America, as well as improving ample, that Betty Currie was a very over to change the archaic rules that intelligence and interdiction capabili- important potential witness. She was forced this process behind closed doors ties against the national security nowhere to be found, apparently be- at crucial moments. The American threat posed by major narcotics traf- cause the managers made a political people should be able to watch us and ficking organizations. calculation that they would do without hear us at every stage in a process that Although this bill received bipartisan her testimony, trading away the could lead to removal of a President support and was signed by the Presi- strongest piece of their obstruction they elected. Secrecy in these pro- dent, the FY2000 anti-drug budget was case. ceedings is wrong and can only under- cut by the Administration by almost In the end, both sides made strategic mine public confidence in this impor- $100 million below that appropriated in decisions in this trial at the mercy of a tant constitutional event. FY1999. I ask you, Mr. President, what fluid and unpredictable procedure. Mr. President, impeachment trials kind of signal are we sending to our na- That led to an element of chance in the should be extremely rare. To make this tion’s youth if we allow this to happen? trial that I believe was unfortunate. more likely, the process of impeach- We in Congress took the necessary And it also led to complaints from each ment in the Senate should not be steps last year in restoring a balanced, side about the fairness of the process quick, convenient, and painless. Mak- coordinated anti-drug strategy. We that were a distraction from the sub- ing it so only invites its further abuse. must continue our efforts and we must stance of the trial. I therefore rec- Adherence to a thorough process can impress upon the Administration the ommend to future presidential im- provide a stabilizing bulwark against commitment needed in order to carry peachment courts that at the very out- this kind of abuse. That is one of the out that strategy. set they try hard to achieve consensus reasons I opposed premature motions My colleague has pointed out that on a procedure that will govern the en- to dismiss the Articles of Impeachment drug use and criminal activity since tire trial. and supported the House Managers’ 1992 wiped out any gains made in the The process was not only flawed in motions to depose witnesses and to previous decade. America has wit- the procedure on the floor. In the midst admit those depositions into the nessed an increase in illegal drug use

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2231 among our nation’s younger genera- dedicated officers the respect they de- team from Lincoln High School and tion. Recent polls show that drug use serve. Officer Aselton, killed in the line thank each for their dedication and among our nation’s eighth graders has of duty, serves as a solemn reminder to diligence. increased 71 percent since 1992. We have us all of the responsibility borne by po- The student team from Lincoln High seen a reverse in gains made in the lice officers across the state and na- School consists of: Graham Berry, Ni- 1980s and early 1990s by de-emphasizing tion. Every day, the men and women in cole Byers, Brianna Carlisle, Naomi law enforcement and interdiction while uniform put their lives at risk so that Cole, Violet Dochow, Andrew Dunn, relying on drug treatment programs we can live in communities where we Etopi Fanta, Jordan Foster, Ian Gallo- for hard-core abusers in the hopes of and our families can feel safe. And un- way, Arianna Hearing, Sarah Hodgson, curbing drug usage. fortunately, it takes a tragic event like Britta Ingebretson, Aaron Johnson, In Montana alone, drug use among this for us to truly understand the James Knowles, Ashley Linder, Kath- high school-aged youth has also risen. dedication of these peace officers to arine Mapes, Heather Marsh, Amanda According to the Montana Office of the neighborhoods they serve. Morganroth, Joshua Moskovitz, David Public Instruction’s Youth Risk Behav- With the support of the East Hartford Murphy, Eric Nadal, Simone Neuwelt, ior Survey, marijuana use among high Police Department and other officers Melissa Nitti, Lauren Olson, Aubrey school aged youth has risen approxi- across the region, the Aselton family Richardson, Caitlin Ryan, Jonathan mately 18% since 1993. However, that has begun the necessary healing proc- Schwartz, Elizabeth Smith, Paul Susi, 18% only represents an increase in one ess. Yet, with his loss, the town of East and Katherine Wax, with Hal Hart and time use by teenagers. In fact, the Hartford and the State of Connecticut Chris Hardman serving as their teacher same survey suggests that the percent have been diminished. At Brian’s fu- advisors. They are currently con- of adolescents who have used mari- neral, everyone joined together across ducting research and preparing for the juana repeatedly in the last 30 days has municipal and state borders and stood upcoming national competition in risen by 13%. But it isn’t just mari- together as a single family honoring Washington, DC. I wish the students juana use that has increased, Mr. one of our own. Now that Brian is gone, and teachers the best of luck at the We President. No. In fact, a more deadlier it is incumbent on us to maintain the People national finals and I look drug, cocaine, is increasing in use those bonds. Each one of us must rec- forward to their visit to Capitol Hill.∑ among Montana teens. Approximately ognize that we are all part of the same f 5% according to the survey. This is the family and the simple things important sad trend that our nation’s youth is to us are also the simple things impor- RULES OF THE COMMITTEE ON following, and the reason we in Con- tant to our neighbors. These are the COMMERCE, SCIENCE, AND gress need to make a strong statement personal steps that we should take to TRANSPORTATION against drug use. I believe that The truly honor his memory. If we can each ∑ Mr. MCCAIN. Mr. President, pursuant Drug Free Century Act is such a state- devote the same commitment to these to the requirements of paragraph 2 of ment. principles that Brian devoted to his du- Senate Rule XXVI, I ask to have print- The Drug Free Century Act is a com- ties as a police officer, we will, through ed in the RECORD the rules of the Com- prehensive approach to the nation’s our progress as a society, have made mittee on Commerce, Science, and anti-drug policies. It strengthens edu- some sense out of his untimely death.∑ Transportation for the 106th Congress cation, treatment, law enforcement, f adopted by the committee on January and drug interdiction efforts. Although CONGRATULATIONS TO LINCOLN 20, 1999. it is only the first step in our anti-drug The Rules follow: strategy, it sends a clear message to HIGH SCHOOL RULES OF THE COMMITTEE ON COMMERCE, the nation and our youth that we are ∑ Mr. SMITH of Oregon. Mr. President, SCIENCE, AND TRANSPORTATION committed to eliminating illegal drugs I rise today to congratulate the class ∑ from Lincoln High School in Portland, (Adopted by the Committee on Commerce, in the United States. Science, and Transportation on January f Oregon, that will be representing the 20, 1999.) state of Oregon in the national finals of I. MEETINGS OF THE COMMITTEE OFFICER BRIAN ASELTON the program We the People . . . The ∑ Mr. LIEBERMAN. Mr. President, I Citizens and the Constitution. These 1. The regular meeting dates of the Com- rise today to pay tribute to a young mittee shall be the first and third Tuesdays young scholars have worked diligently of each month. Additional meetings may be man who made the ultimate sacrifice to reach the national finals and called by the Chairman as he may deem nec- for his community. Officer Brian through their experience have gained essary or pursuant to the provisions of para- Aselton of the East Hartford Police De- knowledge and understanding of the graph 3 of rule XXVI of the Standing Rules partment lost his life on January 23, principles and values that support our of the Senate. 1999 when he responded to a noise com- constitutional democracy. 2. Meetings of the Committee, or any sub- plaint call that turned out to be any- The We the People . . . The Citizen committee, including meetings to conduct thing but routine. Instead, Brian be- and the Constitution program is the hearings, shall be open to the public, except came the eleventh Connecticut police most extensive educational program in that a meeting or series of meetings by the Committee, or any subcommittee, on the officer killed in the line of duty in the the country developed specifically to same subject for a period of no more than 14 last ten years. educate young people about the Con- calendar days may be closed to the public on This tragedy has touched the entire stitution and the Bill of Rights. The a motion made and seconded to go into region; more than ten thousand civil- three-day national competition is mod- closed session to discuss only whether the ians and law enforcement officials at- eled after hearings in the United States matters enumerated in subparagraphs (A) tended Brian’s funeral. We have all Congress, consisting of oral presen- through (F) would require the meeting to be tried to come to terms with the utter tations by high school students before closed followed immediately by a record vote senselessness of his death. Brian was a a panel of adult judges. The student in open session by a majority of the members of the Committee, or any subcommittee, young man at the start of a promising testimony is followed by a period of when it is determined that the matters to be career with a supportive nucleus of questioning during which the judges discussed or the testimony to be taken at family and friends. Truly, he embodied probe students for their depth of under- such meeting or meetings— the determination, strength, and spirit standing and ability to apply their con- (A) will disclose matters necessary to be that is such an integral part of our na- stitutional knowledge. kept secret in the interests of national de- tion’s history. Yet, in an instant, It is so important that our young fense or the confidential conduct of the for- Brian’s life and the lives of everyone people come to understand and appre- eign relations of the United States; who loved him changed forever. ciate these unique concepts and values (B) will relate solely to matters of Com- Every law enforcement officer puts which knit our nation together. For it mittee staff personnel or internal staff man- agement or procedure; his or her life on the line to protect is their leadership which must guide (C) will tend to charge an individual with citizens every day. Too often, we as ci- our country’s future, and their wisdom crime or misconduct, to disgrace or injure vilians forget the dangers of the occu- which must be equal to our country’s the professional standing of an individual, or pation and do not show these brave and need. Again, I congratulate the student otherwise to expose an individual to public

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2232 CONGRESSIONAL RECORD — SENATE March 3, 1999 contempt or obloquy, or will represent a hours in advance of the Committee meeting, Rule 7. Order of Motions.—When several clearly unwarranted invasion of the privacy in as many copies as the Chairman of the motions are before the committee dealing of an individual; Committee prescribes. This rule may be with related or overlapping matters, the (D) will disclose the identity of any in- waived with the concurrence of the Chair- chairman may specify the order in which the former or law enforcement agent or will dis- man and the Ranking Member.∑ motions shall be voted upon. Rule 8. Bringing a Matter to a Vote.—If the close any information relating to the inves- f tigation or prosecution of a criminal offense chairman determines that a motion or that is required to be kept secret in the in- RULES OF THE COMMITTEE ON amendment has been adequately debated, he terests of effective law enforcement; FINANCE may call for a vote on such motion or amendment, and the vote shall then be (E) will disclose information relating to ∑ Mr. ROTH. Mr. President, pursuant the trade secrets of financial or commercial taken, unless the committee votes to con- information pertaining specifically to a to paragraph 2 of Rule XXXVI, Stand- tinue debate on such motion or amendment, given person if— ing Rules of the Senate, I submit for as the case may be. The vote on a motion to (1) an Act of Congress requires the infor- printing in the CONGRESSIONAL RECORD continue debate on any motion or amend- mation to be kept confidential by Govern- the Rules of the Committee on Finance ment shall be taken without debate. ment officers and employees; or for the 106th Congress. Rule 9. Public Announcement of Com- mittee Votes.—Pursuant to paragraph 7(b) of (2) the information has been obtained by The Rules follow: Rule XXVI of the Standing Rules of the Sen- the Government on a confidential basis, COMMITTEE ON FINANCE ate (relating to public announcement of other than through an application by such I. RULES OF PROCEDURE votes), the results of rollcall votes taken by person for a specific Government financial or Rule 1. Regular Meeting Days.—The reg- the committee on any measure (or amend- other benefit, and is required to be kept se- ment thereto) or matter shall be announced cret in order to prevent undue injury to the ular meeting day of the committee shall be the second and fourth Tuesday of each publicly not later than the day on which competitive position of such person; or such measure or matter is ordered reported (F) may divulge matters required to be month, except that if there be no business before the committee the regular meeting from the committee. kept confidential under other provisions of Rule 10. Subpoenas.—Subpoenas for attend- shall be omitted. law or Government regulations. ance of witnesses and the production of Rule 2. Committee Meetings.—(a) Except 3. Each witness who is to appear before the memoranda, documents, and records shall be as provided by paragraph 3 of Rule XXVI of Committee or any subcommittee shall file issued by the chairman, or by any other the Standing Rules of the Senate (relating to with the Committee, at least 24 hours in ad- member of the committee designated by vance of the hearing, a written statement of special meetings called by a majority of the him. his testimony in as many copies as the committee) and subsection (b) of this rule, Rule 11. Nominations.—In considering a Chairman of the Committee or Sub- committee meetings, for the conduct of busi- nomination, the Committee may conduct an committee prescribes. ness, for the purpose of holding hearings, or investigation or review of the nominee’s ex- 4. Field hearings of the full Committee, for any other purpose, shall be called by the perience, qualifications, and suitability, to and any subcommittee thereof, shall be chairman. Members will be notified of com- serve in the position to which he or she has scheduled only when authorized by the mittee meetings at least 48 hours in advance, been nominated. To aid in such investigation Chairman and ranking minority member of unless the chairman determines that an or review, each nominee may be required to the full Committee. emergency situation requires a meeting on submit a sworn detailed statement including shorter notice. The notification will include biographical, financial, policy, and other in- II. QUORUMS a written agenda together with materials formation which the Committee may re- 1. Eleven members shall constitute a prepared by the staff relating to that agenda. quest. The Committee may specify which quorum for official action of the Committee After the agenda for a committee meeting is items in such statement are to be received when reporting a bill, resolution or nomina- published and distributed, no nongermane on a confidential basis. Witnesses called to tion. Proxies shall not be counted in making items may be brought up during that meet- testify on the nomination may be required to a quorum. ing unless at least two-thirds of the members testify under oath. 2. Seven members shall constitute a present agree to consider those items. Rule 12. Open Committee Hearings.—To quorum for the transaction of all business as (b) In the absence of the chairman, meet- the extent required by paragraph 5 of Rule may be considered by the Committee, except ings of the committee may be called by the XXVI of the Standing Rules of the Senate for the reporting of a bill, resolution or nom- ranking majority member of the committee (relating to limitations on open hearings), ination. Proxies shall not be counted in mak- who is present, provided authority to call each hearing conducted by the committee ing a quorum. meetings has been delegated to such member shall be open to the public. 3. For the purpose of taking sworn testi- by the chairman. Rule 13. Announcement of Hearings.—The mony a quorum of the Committee and each Rule 3. Presiding Officer.—(a) The chair- committee shall undertake consistent with subcommittee thereof, now or hereafter ap- man shall preside at all meetings and hear- the provisions of paragraph 4(a) of Rule pointed, shall consist of one Senator. ings of the committee except that in his ab- XXVI of the Standing Rules of the Senate (relating to public notice of committee hear- III. PROXIES sence the ranking majority member who is present at the meeting shall preside. ings) to issue public announcements of hear- When a record vote is taken in the Com- ings it intends to hold at least one week mittee on any bill, resolution, amendment, (b) Notwithstanding the rule prescribed by subsection (a) any member of the committee prior to the commencement of such hearings. or any other question, a majority of the Rule 14. Witnesses at Hearings.—(a) Each members being present, a member who is un- may preside over the conduct of a hearing. Rule 4. Quorums.—(a) Except as provided witness who is scheduled to testify at any able to attend the meeting may submit his hearing must submit his written testimony in subsection (b) one-third of the member- vote by proxy, in writing or by telephone, or to the staff director not later than noon of ship of the committee, including not less through personal instructions. the business day immediately before the last than one member of the majority party and business day preceding the day on which he IV. BROADCASTING OF HEARINGS one member of the minority party, shall con- Public hearings of the full Committee, or is scheduled to appear. Such written testi- stitute a quorum for the conduct of business. mony shall be accompanied by a brief sum- any subcommittee thereof, shall be televised (b) Notwithstanding the rule prescribed by mary of the principal points covered in the or broadcast only when authorized by the subsection (a), one member shall constitute written testimony. Having submitted his Chairman and the ranking minority member a quorum for the purpose of conducting a written testimony, the witness shall be al- of the full Committee. hearing. lowed not more than ten minutes for oral V. SUBCOMMITTEES Rule 5. Reporting of Measures or Rec- presentation of his statement. 1. Any member of the Committee may sit ommendations.—No measure or rec- (b) Witnesses may not read their entire with any subcommittee during its hearings ommendation shall be reported from the written testimony, but must confine their or any other meeting but shall not have the committee unless a majority of the com- oral presentation to a summarization of authority to vote on any matter before the mittee is actually present and a majority of their arguments. subcommittee unless he is a Member of such those present concur. (c) Witnesses shall observe proper stand- Rule 6. Proxy Voting; Polling.—(a) Except subcommittee. ards of dignity, decorum and propriety while as provided by paragraph 7(a)(3) of Rule 2. Subcommittees shall be considered de presenting their views to the committee. XXVI of the Standing Rules of the Senate novo whenever there is a change in the chair- Any witness who violates this rule shall be (relating to limitation on use of proxy voting manship, and seniority on the particular dismissed, and his testimony (both oral and to report a measure or matter), members subcommittee shall not necessarily apply. written) shall not appear in the record of the who are unable to be present may have their hearing. VI. CONSIDERATION OF BILLS AND RESOLUTIONS vote recorded by proxy. (d) In scheduling witnesses for hearings, It shall not be in order during a meeting of (b) At the discretion of the committee, the staff shall attempt to schedule witnesses the Committee to move to proceed to the members who are unable to be present and so as to attain a balance of views early in consideration of any bill or resolution unless whose vote has not been cast by proxy may the hearings. Every member of the com- the bill or resolution has been filed with the be polled for the purpose of recording their mittee may designate witnesses who will ap- Clerk of the Committee not less than 48 vote on any rollcall taken by the committee. pear

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2233 before the committee to testify. To the ex- (f) The chairman and ranking minority immediately notified of the Senate’s tent that a witness designated by a member members shall serve as nonvoting ex officio action, and the Senate then return to cannot be scheduled to testify during the members of the subcommittees on which legislative session. time set aside for the hearing, a special time they do not serve as voting members. will be set aside for the witness to testify if (g) Any member of the committee may at- The PRESIDING OFFICER. Without the member designating that witness is tend hearings held by any subcommittee and objection, it is so ordered. available at that time to chair the hearing. question witnesses testifying before that Rule 15. Audiences.—Persons admitted subcommittee. The nominations considered and con- into the audience for open hearings of the (h) Subcommittee meeting times shall be firmed en bloc are as follows: committee shall conduct themselves with coordinated by the staff director to insure IN THE AIR FORCE the dignity, decorum, courtesy and propriety that— traditionally observed by the Senate. Dem- (1) no subcommittee meeting will be held The following named officers for appoint- onstrations of approval or disapproval of any when the committee is in executive session, ment in the United States Air Force to the statement or act by any member or witness except by unanimous consent; grade indicated under title 10, U.S.C., section are not allowed. Persons creating confusion (2) no more than one subcommittee will 624: or distractions or otherwise disrupting the meet when the full committee is holding orderly proceeding of the hearing shall be ex- hearings; and To be brigadier general pelled from the hearing. (3) not more than two subcommittees will Col. James B. Armor, Jr., 0000 Rule 16. Broadcasting of Hearings.— meet at the same time. Col. Barbara C. Brannon, 0000 (a) Broadcasting of open hearings by tele- Notwithstanding paragraphs (2) and (3), a Col. David M. Cannan, 0000 subcommittee may meet when the full com- vision or radio coverage shall be allowed Col. Richard J. Casey, 0000 mittee is holding hearings and two sub- upon approval by the chairman of a request Col. Kelvin R. Coppock, 0000 committees may meet at the same time only filed with the staff director not later than Col. Kenneth M. Decuir, 0000 upon the approval of the chairman and the noon of the day before the day on which such Col. Arthur F. Diehl, III, 0000 ranking minority member of the committee coverage is desired. Col. Lloyd E. Dodd, Jr., 0000 and subcommittees involved. (b) If such approval is granted, broad- Col. Bob D. Dulaney, 0000 casting coverage of the hearing shall be con- (i) All nominations shall be considered by Col. Felix Dupre, 0000 ducted unobtrusively and in accordance with the full committee. Col. Robert J. Elder, Jr., 0000 the standards of dignity, propriety, courtesy (j) The chairman will attempt to schedule Col. Frank R. Faykes, 0000 and decorum traditionally observed by the reasonably frequent meetings of the full Col. Thomas J. Fiscus, 0000 Senate. committee to permit consideration of legis- (c) Equipment necessary for coverage by lation reported favorably to the committee Col. Paul J. Fletcher, 0000 television and radio media shall not be in- by the subcommittees. Col. John H. Folkerts, 0000 stalled in, or removed from, the hearing Rule 18. Transcripts of Committee Meet- Col. William M. Fraser, III, 0000 room while the committee is in session. ings.—An accurate record shall be kept of all Col. Stanley Gorenc, 0000 (d) Additional lighting may be installed in markups of the committee, whether they be Col. Michael C. Gould, 0000 the hearing room by the media in order to open or closed to the public. This record, Col. Paul M. Hankins, 0000 raise the ambient lighting level to the lowest marked as ‘‘uncorrected,’’ shall be available Col. Elizabeth A. Harrell, 0000 level necessary to provide adequate tele- for inspection by Members of the Senate, or Col. Peter J. Hennessey, 0000 vision coverage of the hearing at the then members of the committee together with Col. William W. Hodges, 0000 current state of the art of television cov- their staffs, at any time. This record shall Col. Donald J. Hoffman, 0000 erage. not be published or made public in any way Col. William J. Jabour, 0000 (e) The additional lighting authorized by except: Col. Thomas P. Kane, 0000 subsection (d) of this rule shall not be di- (a) By majority vote of the committee Col. Claude R. Kehler, 0000 rected into the eyes of any members of the after all members of the committee have had Col. Frank G. Klotz, 0000 committee or of any witness, and at the re- a reasonable opportunity to correct their re- Col. Robert H. Latiff, 0000 quest of any such member or witness, offend- marks for grammatical errors or to accu- Col. Michael G. Lee, 0000 ing lighting shall be extinguished. rately reflect statements made. Col. Robert E. Mansfield, Jr., 0000 (f) No witness shall be required to be pho- (b) Any member may release his own re- Col. Henry A. Obering, III, 0000 tographed at any hearing or to give testi- marks made in any markup of the com- Col. Lorraine K. Potter, 0000 mony while the broadcasting (or coverage) of mittee provided that every member or wit- Col. Neal T. Robinson, 0000 that hearing is being conducted. At the re- ness whose remarks are contained in the re- Col. Robin E. Scott, 0000 quest of any such witness who does not wish leased portion is given a reasonable oppor- Col. Norman R. Seip, 0000 to be subjected to radio or television cov- tunity before release to correct their re- Col. Bernard K. Skoch, 0000 erage, all equipment used for coverage shall marks. Col. Robert L. Smolen, 0000 be turned off. Notwithstanding the above, in the case of Col. Joseph P. Stein, 0000 Rule 17. Subcommittees.—(a) The chair- the record of an executive session of the Col. Jerald D. Stubbs, 0000 man, subject to the approval of the com- committee that is closed to the public pursu- Col. Kevin J. Sullivan, 0000 mittee, shall appoint legislative subcommit- ant to Rule XXVI of the Standing Rules of Col. James P. Totsch, 0000 tees. All legislation shall be kept on the full the Senate, the record shall not be published Col. Mark A. Volcheff, 0000 committee calendar unless a majority of the or made public in any way except by major- Col. Mark A. Welsh, III, 0000 members present and voting agree to refer ity vote of the committee after all members Col. Stephen G. Wood, 0000 specific legislation to an appropriate sub- of the committee have had a reasonable op- Col. Donald C. Wurster, 0000 committee. portunity to correct their remarks for gram- (b) The chairman may limit the period matical errors or to accurately reflect state- The following Air National Guard of the during which House-passed legislation re- ments made. United States officer for appointment in the ferred to a subcommittee under paragraph Rule 19. Amendment of Rules.—The fore- Reserve of the Air Force, to the grade indi- (a) will remain in that subcommittee. At the going rules may be added to, modified, cated under title 10, U.S.C., section 12203: end of that period, the legislation will be re- amended or suspended at any time.∑ stored to the full committee calendar. The f To be brigadier general period referred to in the preceding sentences Col. Michael B. Smith, 0000 should be 6 weeks, but may be extended in EXECUTIVE SESSION the event that adjournment or a long recess IN THE MARINE CORPS is imminent. (c) All decisions of the chairman are sub- EXECUTIVE CALENDAR The following named officer for appoint- ject to approval or modification by a major- Mr. MACK. Mr. President, I ask ment in the Reserve of the United States ity vote of the committee. Marine Corps to the grade indicated under unanimous consent that the Senate im- title 10, U.S.C., section 12203: (d) The full committee may at any time by mediately proceed to executive session majority vote of those members present dis- To be major general charge a subcommittee from further consid- to consider the following nominations eration of a specific piece of legislation. on the Executive Calendar: Nos. 10 Brig. Gen. Leo V. Williams, III, 0000 (e) Because the Senate is constitutionally through 13, and all nominations on the IN THE AIR FORCE prohibited from passing revenue legislation Secretary’s desk in the Air Force, originating in the Senate, subcommittees Army, Marine Corps, and Navy. The following named officers for appoint- may mark up legislation originating in the I further ask unanimous consent that ment in the United States Air Force to the Senate and referred to them under Rule 16(a) the nominations be confirmed, the mo- grade indicated under title 10, U.S.C., section to develop specific proposals for full com- 624: mittee consideration but may not report tion to reconsider be laid upon the such legislation to the full committee. The table, any statements relating to the To be major general preceding sentence does not apply to nonrev- nominations appear at the appropriate Brig. Gen. John R. Baker, 0000 enue legislation originating in the Senate. place in the RECORD, the President be Brig. Gen. John D. Becker, 0000

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2234 CONGRESSIONAL RECORD — SENATE March 3, 1999 Brig. Gen. Robert F. Behler, 0000 Army nominations beginning *Craig J. appeared in the Congressional Record of Feb- Brig. Gen. Scott C. Bergren, 0000 Bishop, and ending David W. Niebuhr, which ruary 3, 1999. Brig. Gen. Paul L. Bielowicz, 0000 nominations were received by the Senate and Marine Corps nomination of John C. Lex, Brig. Gen. Franklin J. Blaisdell, 0000 appeared in the Congressional Record of Feb- which was received by the Senate and ap- Brig. Gen. Robert P. Bongiovi, 0000 ruary 3, 1999. peared in the Congressional Record of Feb- Brig. Gen. Carrol H. Chandler, 0000 Army nominations beginning Dale G. Nel- ruary 3, 1999. Brig. Gen. Michael M. Dunn, 0000 son, and ending Frank M. Swett, Jr., which Marine Corps nomination of Lance A. Brig. Gen. Thomas B. Goslin, Jr., 0000 nominations were received by the Senate and McDaniel, which was received by the Senate Brig. Gen. Lawrence D. Johnston, 0000 appeared in the Congressional Record of Feb- and appeared in the Congressional Record of Brig. Gen. Michael S. Kudlacz, 0000 ruary 3, 1999. February 3, 1999. Brig. Gen. Arthur J. Lichte, 0000 Army nomination of Dennis K. Lockard, Marine Corps nomination of Joseph M. Brig. Gen. William R. Looney, III, 0000 which was received by the Senate and ap- Perry, which was received by the Senate and Brig. Gen. Stephen R. Lorenz, 0000 peared in the Congressional Record of Feb- appeared in the Congressional Record of Feb- Brig. Gen. T. Michael Moseley, 0000 ruary 3, 1999. ruary 3, 1999. Brig. Gen. Michael C. Mushala, 0000 Army nominations beginning Stuart C. Marine Corps nomination of Myron P. Brig. Gen. Larry W. Northington, 0000 Pike, and ending Delance E. Wiegele, which Edwards, which was received by the Senate Brig. Gen. Everett G. Odgers, 0000 nominations were received by the Senate and and appeared in the Congressional Record of Brig. Gen. William A. Peck, Jr., 0000 appeared in the Congressional Record of Feb- February 3, 1999. Brig. Gen. Timothy A. Peppe, 0000 ruary 3, 1999.. Marine Corps nominations beginning David Brig. Gen. Richard V. Reynolds, 0000 Army nomination of Franklin B. Weaver, J. Abbott, and ending Kevin H. Winters, Brig. Gen. Earnest O. Robbins, II, 0000 which was received by the Senate and ap- which nominations were received by the Sen- Brig. Gen. Randall M. Schmidt, 0000 peared in the Congressional Record of Feb- ate and appeared in the Congressional Brig. Gen. Norton A. Schwartz, 0000 ruary 3, 1999. Record of February 3, 1999. Army nominations beginning Thomas J. Brig. Gen. Todd I. Steward, 0000 Navy nomination of Jose M. Gonzalez, Semarge, and ending *Jeffrey J. Fisher, Brig. Gen. George N. Williams, 0000 which was received by the Senate and ap- which nominations were received by the Sen- peared in the Congressional Record of Feb- IN THE AIR FORCE, ARMY, MARINE CORPS, NAVY ate and appeared in the Congressional ruary 3, 1999. Air Force nominations beginning Bruce R. Record of February 3, 1999. Navy nomination of Douglas L. Mayers, Burnham, and ending Mahender Dudani, Army nomination of *William J. which was received by the Senate and ap- which nominations were received by the Sen- Miluszusky, which was received by the Sen- peared in the Congressional Record of Feb- ate and appeared in the Congressional ate and appeared in the Congressional ruary 3, 1999. Record of February 3, 1999. Record of February 3, 1999. Air Force nominations beginning Malcolm Army nomination of *Daniel S. Sullivan, Navy nominations beginning Errol F. M. Dejnozka, and ending Gaelle J. Glickfield, which was received by the Senate and ap- Becker, and ending Eduardo R. Morales, which nominations were received by the Sen- peared in the Congressional Record of Feb- which nominations were received by the Sen- ate and appeared in the Congressional ruary 3, 1999. ate and appeared in the Congressional Record of February 3, 1999. Army nominations beginning Christopher Record of February 3, 1999.. Air Force nominations beginning *Les R. A. Acker, and ending X1910, which nomina- f Folio, and ending Daniel J. Feeney, which tions were received by the Senate and ap- nominations were received by the Senate and peared in the Congressional Record of Feb- LEGISLATIVE SESSION appeared in the Congressional Record of Feb- ruary 3, 1999. The PRESIDING OFFICER. Under ruary 3, 1999. Army nominations beginning George L. the previous order, the Senate will now Air Force nomination of Vincent J. Adams, III, and ending Juanita H. Winfree, return to legislative session. Shiban, which was received by the Senate which nominations were received by the Sen- and appeared in the Congressional Record of ate and appeared in the Congressional f February 3, 1999. Record of February 3, 1999. ORDERS FOR THURSDAY, MARCH Air Force nomination of Kymble L. McCoy, Army nominations beginning Lisa 4, 1999 which was received by the Senate and ap- Andersonlloyd, and ending Peter C. Zolper, peared in the Congressional Record of Feb- which nominations were received by the Sen- Mr. MACK. Mr. President, I ask ruary 3, 1999. ate and appeared in the Congressional unanimous consent that when the Sen- Air Force nominations beginning Robert S. Record of February 3, 1999. ate completes its business today, it Andrews, and ending David J. Zollinger, Army nominations beginning Mark O. stand in adjournment until 9:30 a.m. on which nominations were received by the Sen- Ainscough, and ending Arthur C. Zuleger, ate and appeared in the Congressional which nominations were received by the Sen- Thursday, March 4. I further ask that Record of February 3, 1999. ate and appeared in the Congressional on Thursday, immediately following Air Force nominations beginning Richard Record of February 3, 1999. the prayer, the Journal of proceedings L. Ayers, and ending William C. Wood, which Army nominations beginning Gregg T. be approved to date, the morning hour nominations were received by the Senate and Anders, and ending Carl C. Yoder, which be deemed to have expired, the time for appeared in the Congressional Record of Feb- nominations were received by the Senate and the two leaders be reserved, and the ruary 3, 1999. appeared in the Congressional Record of Feb- Senate then begin a period of morning Air Force nominations beginning Peter C. ruary 3, 1999. Atinopoulos, and ending George T. Zolovick, Army nominations beginning Robert V. business until 11 a.m., with Senators which nominations were received by the Sen- Adamson, and ending Jack W. Zimmerly, permitted to speak for up to 5 minutes ate and appeared in the Congressional which nominations were received by the Sen- each, with the following exceptions: Record of February 3, 1999. ate and appeared in the Congressional Senator GORTON, 20 minutes; Senator Army nominations beginning George L. Record of February 3, 1999. KERREY, 20 minutes; Senator ABRAHAM, Hancock, Jr., and ending Sidney W. Atkin- Army nominations beginning Tim O. 15 minutes; Senator GRAHAM, 10 min- son, which nominations were received by the Reutter, and ending *Jack M. Griffin, which utes, Senator WARNER, 10 minutes; Senate and appeared in the Congressional nominations were received by the Senate on Record of February 3, 1999. February 3, 1999, and appeared in the Con- Senator AKAKA, 5 minutes; and Senator Army nominations beginning Samuel J. gressional Record of February 4, 1999. MURRAY, 10 minutes. Boone, and ending Donna C. Weddle, which Marine Corps nomination of Terry G. The PRESIDING OFFICER. Without nominations were received by the Senate and Robling, which was received by the Senate objection, it is so ordered. appeared in the Congressional Record of Feb- and appeared in the Congressional Record of Mr. MACK. I further ask unanimous ruary 3, 1999. February 3, 1999. consent that following morning busi- Army nominations beginning Frederic L. Marine Corps nomination of Milton J. ness, the Senate resume consideration Borch III, and ending Stephanie D. Wilson, Staton, which was received by the Senate which nominations were received by the Sen- and appeared in the Congressional Record of of S. 280, the education flexibility part- ate and appeared in the Congressional February 3, 1999. nership bill, and Senator BINGAMAN be Record of February 3, 1999. Marine Corps nomination of Stephen W. recognized to offer an amendment re- Army nomination of Wendell C. King, Austin, which was received by the Senate garding dropouts. which was received by the Senate and ap- and appeared in the Congressional Record of The PRESIDING OFFICER. Without peared in the Congressional Record of Feb- February 3, 1999. objection, it is so ordered. ruary 3, 1999. Marine Corps nomination of William S. Army nominations beginning George A. Tate, which was received by the Senate and f Amonette, and ending Kenneth R. appeared in the Congressional Record of Feb- PROGRAM Stolworthy, which nominations were re- ruary 3, 1999. ceived by the Senate and appeared in the Marine Corps nomination of Robert S. Mr. MACK. Mr. President, for the in- Congressional Record of February 3, 1999. Barr, which was received by the Senate and formation of all Senators, the Senate

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2235 will reconvene tomorrow morning at Jerry Berman, of Washington, D.C.; BRIG. GEN. JOHN D. BECKER, 0000. BRIG. GEN. ROBERT F. BEHLER, 0000. 9:30 a.m. and begin a period of morning representative of a business making BRIG. GEN. SCOTT C. BERGREN, 0000. business until 11 a.m. Following morn- content available over the Internet; BRIG. GEN. PAUL L. BIELOWICZ, 0000. BRIG. GEN. FRANKLIN J. BLAISDELL, 0000. ing business, the Senate will resume Srinija Srinivasan, of California; rep- BRIG. GEN. ROBERT P. BONGIOVI, 0000. consideration of the education flexi- resentative of a business providing BRIG. GEN. CARROL H. CHANDLER, 0000. BRIG. GEN. MICHAEL M. DUNN, 0000. bility bill, with Senator BINGAMAN Internet portal or search services; and BRIG. GEN. THOMAS B. GOSLIN, JR., 0000. being recognized immediately to offer Donald N. Telage, of Massachusetts; BRIG. GEN. LAWRENCE D. JOHNSTON, 0000. BRIG. GEN. MICHAEL S. KUDLACZ, 0000. an amendment regarding dropouts. representative of a business providing BRIG. GEN. ARTHUR J. LICHTE, 0000. Rollcall votes are possible throughout domain name registration services. BRIG. GEN. WILLIAM R. LOONEY III, 0000. BRIG. GEN. STEPHEN R. LORENZ, 0000. Thursday’s session, as the Senate con- f BRIG. GEN. T. MICHAEL MOSELEY, 0000. tinues to offer and debate amendments BRIG. GEN. MICHAEL C. MUSHALA, 0000. ADJOURNMENT UNTIL 9:30 A.M. BRIG. GEN. LARRY W. NORTHINGTON, 0000. to the Ed-Flex bill. TOMORROW BRIG. GEN. EVERETT G. ODGERS, 0000. The leader would like to notify all BRIG. GEN. WILLIAM A. PECK, JR., 0000. Mr. MACK. Mr. President, if there is BRIG. GEN. TIMOTHY A. PEPPE, 0000. Members that if the Senate is still con- BRIG. GEN. RICHARD V. REYNOLDS, 0000. sidering the Ed-Flex bill, rollcall votes no further business to come before the BRIG. GEN. EARNEST O. ROBBINS II, 0000. Senate, I now ask unanimous consent BRIG. GEN. RANDALL M. SCHMIDT, 0000. are expected up until noon on Friday, BRIG. GEN. NORTON A. SCHWARTZ, 0000. with a vote on Monday expected at ap- that the Senate stand in adjournment BRIG. GEN. TODD I. STEWART, 0000. BRIG. GEN. GEORGE N. WILLIAMS, 0000. proximately 5 p.m. All Members will be under the previous order. There being no objection, the Senate, AIR FORCE NOMINATIONS BEGINNING BRUCE R. notified as to the exact voting schedule at 6:37 p.m., adjourned until Thursday, BURNHAM, AND ENDING MAHENDER DUDANI, WHICH when it becomes available. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- March 4, 1999, at 9:30 a.m. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY f 3, 1999. f AIR FORCE NOMINATIONS BEGINNING MALCOLM M. APPOINTMENTS BY THE VICE DEJNOZKA, AND ENDING GAELLE J. GLICKFIELD, WHICH CONFIRMATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PRESIDENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY Executive nominations confirmed by 3, 1999. The PRESIDING OFFICER. The AIR FORCE NOMINATIONS BEGINNING * LES R. FOLIO, Chair, on behalf of the Vice President, the Senate March 3, 1999: AND ENDING DANIEL J. FEENEY, WHICH NOMINATIONS IN THE AIR FORCE WERE RECEIVED BY THE SENATE AND APPEARED IN THE pursuant to Title 46, Section 1295(b), of CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. the United States Code, as amended by THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TO THE GRADE INDICATED IN THE RESERVE OF THE AIR Pubic Law 101–595, appoints the fol- CATED UNDER TITLE 10, U.S.C., SECTION 624: FORCE UNDER TITLE 10, U.S.C., SECTION 12203: lowing Senators to the Board of Visi- To be brigadier general To be colonel tors of the U.S. Merchant Marine Acad- COL. JAMES B. ARMOR, JR., 0000. VINCENT J. SHIBAN, 0000. emy: COL. BARBARA C. BRANNON, 0000. COL. DAVID M. CANNAN, 0000. THE FOLLOWING NAMED OFFICER FOR REGULAR AP- The Senator from Arizona (Mr. COL. RICHARD J. CASEY, 0000. POINTMENT IN THE GRADE INDICATED IN THE UNITED MCCAIN), ex officio, as chairman of the COL. KELVIN R. COPPOCK, 0000. STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: COL. KENNETH M. DECUIR, 0000. Committee on Commerce, Science, and COL. ARTHUR F. DIEHL III, 0000. To be captain COL. LLOYD E. DODD, JR., 0000. Transportation; and the Senator from KYMBLE L. MCCOY, 0000. Maine (Ms. SNOWE), Committee on COL. BOB D. DULANEY, 0000. COL. FELIX DUPRE, 0000. AIR FORCE NOMINATIONS BEGINNING ROBERT S. AN- Commerce, Science, and Transpor- COL. ROBERT J. ELDER, JR., 0000. DREWS, AND ENDING DAVID J. ZOLLINGER, WHICH NOMI- tation. COL. FRANK R. FAYKES, 0000. NATIONS WERE RECEIVED BY THE SENATE AND AP- COL. THOMAS J. FISCUS, 0000. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY The Chair, on behalf of the Vice COL. PAUL J. FLETCHER, 0000. 3, 1999. President, pursuant to 14 U.S.C. 194(a), COL. JOHN H. FOLKERTS, 0000. AIR FORCE NOMINATIONS BEGINNING RICHARD L. COL. WILLIAM M. FRASER III, 0000. AYRES, AND ENDING WILLIAM C. WOOD, WHICH NOMINA- as amended by Public Law 101–595, ap- COL. STANLEY GORENC, 0000. TIONS WERE RECEIVED BY THE SENATE AND APPEARED points the following Senators to the COL. MICHAEL C. GOULD, 0000. IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. COL. PAUL M. HANKINS, 0000. AIR FORCE NOMINATIONS BEGINNING PETER C. Board of Visitors of the U.S. Coast COL. ELIZABETH A. HARRELL, 0000. ATINOPOULOS, AND ENDING GEORGE T. ZOLOVICK, Guard Academy: COL. PETER J. HENNESSEY, 0000. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COL. WILLIAM W. HODGES, 0000. AND APPEARED IN THE CONGRESSIONAL RECORD ON The Senator from Arizona (Mr. COL. DONALD J. HOFFMAN, 0000. FEBRUARY 3, 1999. COL. WILLIAM J. JABOUR, 0000. MCCAIN), ex officio, as Chairman of the COL. THOMAS P. KANE, 0000. IN THE ARMY COL. CLAUDE R. KEHLER, 0000. Committee on Commerce, Science, and ARMY NOMINATIONS BEGINNING GEORGE L. HANCOCK, COL. FRANK G. KLOTZ, 0000. JR., AND ENDING SIDNEY W. ATKINSON, WHICH NOMINA- Transportation; and the Senator from COL. ROBERT H. LATIFF, 0000. TIONS WERE RECEIVED BY THE SENATE AND APPEARED SHCROFT COL. MICHAEL G. LEE, 0000. Missouri (Mr. A ), Committee IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. COL. ROBERT E. MANSFIELD, JR., 0000. ARMY NOMINATIONS BEGINNING SAMUEL J. BOONE, on Commerce, Science, and Transpor- COL. HENRY A. OBERING III, 0000. AND ENDING DONNA C. WEDDLE, WHICH NOMINATIONS COL. LORRAINE K. POTTER, 0000. tation. WERE RECEIVED BY THE SENATE AND APPEARED IN THE COL. NEAL T. ROBINSON, 0000. CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. f COL. ROBIN E. SCOTT, 0000. ARMY NOMINATIONS BEGINNING FREDERIC L. BORCH COL. NORMAN R. SEIP, 0000. III, AND ENDING STEPHANIE D. WILLSON, WHICH NOMI- APPOINTMENTS BY THE COL. BERNARD K. SKOCH, 0000. NATIONS WERE RECEIVED BY THE SENATE AND AP- COL. ROBERT L. SMOLEN, 0000. MAJORITY LEADER PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY COL. JOSEPH P. STEIN, 0000. 3, 1999. COL. JERALD D. STUBBS, 0000. The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. KEVIN J. SULLIVAN, 0000. AS A PERMANENT PROFESSOR OF THE UNITED STATES Chair, on behalf of the majority leader, COL. JAMES P. TOTSCH, 0000. MILITARY ACADEMY IN THE GRADE INDICATED UNDER COL. MARK A. VOLCHEFF, 0000. pursuant to Public Law 105–220, an- TITLE 10, U.S.C., SECTION 4333 (B): COL. MARK A. WELSH III, 0000. nounces the appointment of the fol- COL. STEPHEN G. WOOD, 0000. To be colonel lowing individuals to serve as members COL. DONALD C. WURSTER, 0000. WENDELL C. KING, 0000. of the Twenty-first Century Workforce THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RESERVE ARMY NOMINATIONS BEGINNING GEORGE A. Commission: OF THE AIR FORCE, TO THE GRADE INDICATED UNDER AMONETTE, AND ENDING KENNETH R. STOLWORTHY, Susan Auld, of Vermont; Katherine TITLE 10, U.S.C., SECTION 12203: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON K. Clark, of Virginia; Bobby S. Garvin, To be brigadier general FEBRUARY 3, 1999. of Mississippi, and Randel K. Johnson, COL. MICHAEL B. SMITH, 0000. ARMY NOMINATIONS BEGINNING * CRAIG J. BISHOP, AND ENDING DAVID W. NIEBUHR, WHICH NOMINATIONS of Maryland. IN THE MARINE CORPS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f ARMY NOMINATIONS BEGINNING DALE G. NELSON, AND IN THE RESERVE OF THE UNITED STATES MARINE CORPS ENDING FRANK M. SWETT, JR., WHICH NOMINATIONS TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- APPOINTMENTS BY THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE TION 12203: DEMOCRATIC LEADER CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. The TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIG. GEN. LEO V. WILLIAMS III, 0000. Chair, on behalf of the Democratic UNDER TITLE 10, U.S.C., SECTIONS 624 AND 628: IN THE AIR FORCE leader, pursuant to Public Law 105–277, To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DENNIS K. LOCKARD, 0000. announces the appointment of the fol- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- lowing individuals to serve as members CATED UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING STUART C. PIKE, AND of the commission on Online Child Pro- To be major general ENDING DELANCE E. WIEGELE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE tection: BRIG. GEN. JOHN R. BAKER, 0000. CONGRESSIONAL RECORD ON FEBRUARY 3, 1999.

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. TO THE GRADE INDICATED IN THE UNITED STATES MA- UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING TIM O. REUTTER, AND RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: To be colonel ENDING *JOHN M. GRIFFIN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CON- To be major FRANKLIN B. WEAVER, 0000. GRESSIONAL RECORD ON FEBRUARY 4, 1999. LANCE A. MCDANIEL, 0000. ARMY NOMINATIONS BEGINNING THOMAS J. SEMARGE, IN THE MARINE CORPS AND ENDING *JEFFREY J. FISHER, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel To be lieutenant colonel AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN JOSEPH M. PERRY, 0000. ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 628, TERRY G. ROBLING, 0000. AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- To be lieutenant colonel TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: *WILLIAM J. MILUSZUSKY, 0000. RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major TO THE GRADE INDICATED IN THE UNITED STATES ARMY MILTON J. STATON, 0000. MYRON P. EDWARDS, 0000. AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 531, 624, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARINE CORPS NOMINATIONS BEGINNING DAVID J AB- AND 628: TO THE GRADE INDICATED IN THE UNITED STATES MA- BOTT, AND ENDING KEVIN H WINTERS, WHICH NOMINA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be major IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. *DANIEL S. SULLIVAN, 0000. To be major IN THE NAVY STEPHEN W. AUSTIN, 0000. ARMY NOMINATIONS BEGINNING CHRISTOPHER A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ACKER, AND ENDING X1910, WHICH NOMINATIONS WERE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY RECEIVED BY THE SENATE AND APPEARED IN THE CON- TO THE GRADE INDICATED IN THE UNITED STATES MA- UNDER TITLE 10, U.S.C., SECTION 624: GRESSIONAL RECORD ON FEBRUARY 3, 1999. RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING GEORGE L ADAMS III, AND ENDING JUANITA H WINFREE, WHICH NOMINATIONS To be lieutenant colonel To be commander WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. WILLIAM S. TATE, 0000. JOSE M. GONZALEZ, 0000. ARMY NOMINATIONS BEGINNING LISA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDERSONLLOYD, AND ENDING PETER C ZOLPER, WHICH TO THE GRADE INDICATED IN THE UNITED STATES MA- IN THE GRADE INDICATED IN THE UNITED STATES NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: NAVAL RESERVE IN ACCORDANCE WITH SECTION 12203 OF PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TITLE 10, U.S.C.: 3, 1999. To be major ARMY NOMINATIONS BEGINNING MARK O AINSCOUGH, IN THE MEDICAL CORPS AND ENDING ARTHUR C ZULEGER, WHICH NOMINATIONS ROBERT S. BARR, 0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. To be captain APPOINTMENT TO THE GRADE INDICATED IN THE ARMY NOMINATIONS BEGINNING GREGG T ANDERS, DOUGLAS L. MAYERS, 0000. AND ENDING CARL C YODER, WHICH NOMINATIONS WERE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., RECEIVED BY THE SENATE AND APPEARED IN THE CON- SECTION 624: NAVY NOMINATIONS BEGINNING ERROL F. BECKER, GRESSIONAL RECORD ON FEBRUARY 3, 1999. To be major AND ENDING EDUARDO R. MORALES, WHICH NOMINA- ARMY NOMINATIONS BEGINNING ROBERT V ADAMSON, TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND ENDING JACK W ZIMMERLY, WHICH NOMINATIONS JOHN C. LEX, 0000. IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999.

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