Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, SECOND SESSION

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

Vol. 146 WASHINGTON, WEDNESDAY, MAY 3, 2000 No. 53 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces the Mexico-United States Inter- called to order by the Speaker pro tem- to the House his approval thereof. parliamentary Group Meeting during pore (Mr. GUTKNECHT). Pursuant to clause 1, rule I, the Jour- the Second Session of the One Hundred f nal stands approved. Sixth Congress, to be held in Puebla, Mexico, May 5–7, 2000— DESIGNATION OF THE SPEAKER f The Senator from Alaska (Mr. MUR- PRO TEMPORE PLEDGE OF ALLEGIANCE KOWSKI); and The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the The Senator from Alabama (Mr. fore the House the following commu- gentleman from Michigan (Mr. SMITH) SESSIONS). nication from the Speaker: come forward and lead the House in the f WASHINGTON, DC, Pledge of Allegiance. May 3, 2000. Mr. SMITH of Michigan led the MAKING IN ORDER MOTIONS TO I hereby appoint the Honorable GIL GUT- Pledge of Allegiance as follows: SUSPEND THE RULES ON TODAY KNECHT to act as Speaker pro tempore on this day. I pledge allegiance to the Flag of the Mr. GIBBONS. Mr. Speaker, I ask J. DENNIS HASTERT, United States of America, and to the Repub- unanimous consent that it be in order Speaker of the House of Representatives. lic for which it stands, one nation under God, at any time on Wednesday, May 3, 2000 f indivisible, with liberty and justice for all. for the Speaker to entertain motions f to suspend the rules and pass the fol- PRAYER lowing bills: MESSAGE FROM THE SENATE The Rabbi Israel Zoberman, Con- H. Con. Res. 295, relating to congregation Beth Chaverim, Virginia A message from the Senate by Mr. tinuing human rights violations and Beach, Virginia, offered the following Lundregan, one of its clerks, an- political oppression in the Socialist prayer: nounced that the Senate has passed Republic of Vietnam 25 years after the Our God of freedom and responsi- with amendments in which the concur- fall of South Vietnam to Communist bility, Dear Legislators, at this sacred rence of the House is requested, bills of forces; season of both remembrance and re- the House of the following titles: H. Res. 464, expressing the sense of joicing, haunted by the Holocaust’s H.R. 3642. An act to authorize the Presi- Congress on international recognition vast tragedy, while inspired by the dent to award a gold medal on behalf of the of Israel’s Magen David Adom Society miracle of Zion restored, I humbly yet Congress to Charles M. Schulz in recognition and its symbol the Red Shield of David; proudly stand before you, son of Polish of his lasting artistic contributions to the H. Con. Res. 304, expressing the con- survivors who was born in Kazakhstan Nation and the world. demnation of the continued egregious H.R. 3707. An act to authorize funds for the in 1945, lived in a displaced persons’ violations of human rights in the Re- camp in Germany and raised in Haifa, construction of a facility in Taipei, Taiwan suitable for the mission of the American In- public of Belarus, the lack of progress Israel. toward the establishment of democracy May we be mindful of our divine stitute in Taiwan. and the rule of law in Belarus, calling mandate to build a world community The message also announced that the on President Alyaksandr Lukashenka’s reflecting the universal God of love Senate has passed a concurrent resolu- regime to engage in negotiations with who embraces us all with Shalom’s tion of the following title in which con- the representatives of the opposition holy gifts of healing, hope and currence of the House is requested: and to restore the constitutional rights harmony. S. Con. Res. 81. Concurrent resolution ex- Grateful for our Nation’s essential pressing the sense of the Congress that the of the Belarusian people, and calling on leadership and sacrifice with Your own Government of the People’s Republic of the Russian Federation to respect the invaluable input, and my Congressman China should immediately release Rabiya sovereignty of Belarus; OWEN PICKETT’s distinguished service, Kadeer, her secretary, and her son, and per- H.R. 3879, Sierra Leone Peace Sup- may we ever, one family, strive to be a mit them to move to the United States if port Act of 2000; they so desire. blessing. H. Res. 449, congratulating the people Let us say, Amen. The message also announced that of Senegal on the success of the multi- f pursuant to sections 276h–276k, of title party electoral process; 22, United States Code, as amended, the S. 2323, Worker Economic Oppor- THE JOURNAL Chair, on behalf of the Vice President, tunity Act; The SPEAKER pro tempore. The appoints the following Senators as H.R. 4055, IDEA Full Funding Act of Chair has examined the Journal of the members of the Senate Delegation to 2000;

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.000 pfrm01 PsN: H03PT1 H2414 CONGRESSIONAL RECORD — HOUSE May 3, 2000 H.R. 1729, to designate the Federal fa- was in contempt of court. Only then exceeds $70 million annually. Each cility located at 1301 Emmet Street in would a court order have been appro- year, local school boards face the inevi- Charlottesville, Virginia, as the ‘‘Pam- priate. Why did they not follow that table question: What programs will be ela B. Gwin Hall’’; procedure? Because an earlier applica- cut to meet our responsibility to edu- H.R. 1405, to designate the Federal tion by the Justice Department for cate students with special needs? The building located at 143 West Liberty such a court order had already been paradox is unfair. We have required Street, Medina, Ohio, as the ‘‘Donald J. turned down. these school districts to provide high Pease Federal Building’’; and So what did they do? They just broke quality services to a population with H.R. 1901, to designate the United into the home of an American citizen significant needs with only a fraction States border station located in Pharr, and seized him. For the executive of the funds we promised. Texas, as the ‘‘Kika de la Garza United branch to ignore a court ruling is a Mr. Speaker, on behalf of the school States Border Station’’. very dangerous precedent. So much for districts which have struggled to bal- The SPEAKER pro tempore. Is there the rule of law. We have a constitu- ance the needs of all their students, I objection to the request of the gen- tional system of checks and balances. implore my colleagues to support H.R. tleman from Nevada? Checks on the executive branch will 4055. This bill sets out a plan that will There was no objection. only work if they are made to obey the allow Congress to meet the 40 percent f courts. It was a bad day for America funding promise it made to all by 2010. and a new low for this administration. If we fail to fulfill this commitment, FISCAL RESPONSIBILITY f we will continue to fail not only chil- (Mr. GIBBONS asked and was given dren with special needs, but all stu- INTERNATIONAL ABDUCTION permission to address the House for 1 dents in public schools. minute and to revise and extend his re- (Mr. LAMPSON asked and was given f marks.) permission to address the House for 1 Mr. GIBBONS. Mr. Speaker, the minute.) TRIGGER LOCKS ARE NOT THE Treasury Department recently an- Mr. LAMPSON. Mr. Speaker, today I ANSWER nounced that due to Congressional fis- rise to tell the story of Joseph Howard, (Mr. TRAFICANT asked and was cal responsibility, it expects to reduce whose child was abducted across inter- given permission to address the House the national debt by a record $216 bil- national borders. His child is just one for 1 minute and to revise and extend lion this year. of 10,000 American children who have his remarks.) Furthermore, this means that the na- been abducted to foreign countries. Mr. TRAFICANT. Mr. Speaker, on tional debt will have been reduced by In 1994, Joseph Howard’s wife took March 23 in my district a 12-year-old $350 billion or 10 percent in just 3 his child when he was at work and fled boy took a loaded gun to school. Thank years. to Germany. Joseph notified the police God, no one was hurt. But guess what, The 2001 Republican budget continues and the FBI. Two months after the ab- Mr. Speaker. The gun had a trigger this fiscal responsible trend. duction, the German lower court issued lock. The boy simply searched for and Our budget will pay off more than $1 an ex parte order granting temporary found the key and, bingo, the gun was trillion of the public debt over the next custody to the mother and informed at school. 5 years without raiding Social Security Joseph 1 month later. The German So I checked out this trigger lock trust fund or bankrupting Medicare. lower court later confirmed custody to business and uncovered a General Ac- The Clinton administration, however, the mother and stated that ‘‘the father counting Office report that says trigger has proposed a budget full of new pro- lives in the United States of America locks are only effective for children grams and additional bureaucracy, all and is therefore no longer in a position under 6 years of age. funded from the projected surplus or to exercise his custody rights.’’ Six-year-old criminals? Beam me up, new tax increases. Joseph was not given access rights, Mr. Speaker. Mr. Speaker, we need to continue to but received a demand for child sup- I assure my colleagues, no 6-year-old reduce, not increase, wasteful spending port. He appealed to German higher will mug them at 3 o’clock in the on efficient government programs and court, but the appeal was rejected. In morning. It is not about trigger locks. bureaucracy. April of 1998, Joseph was granted ac- It is about enforcing the gun laws we Let us build upon our past successes cess rights to be exercised only in the already have. and pass the budget that our children office of the German Youth Authority Mr. Speaker, I yield back what is left can be proud of and can afford when and only after he surrendered his pass- of our decimated second amendment they grow up. port. Joseph has not seen his child rights. f since 1994. f Mr. Speaker, this kind of treatment ELIAN GONZALEZ TAX FREEDOM DAY COMES WAY of American parents and their children TOO LATE FOR WORKING AMER- (Mr. PITTS asked and was given per- must stop. Signatories to the Hague ICAN FAMILIES mission to address the House for 1 Convention should uphold their agree- minute and to revise and extend his ment, and this House should urge them (Mr. CHABOT asked and was given remarks.) to do so. permission to address the House for 1 Mr. PITTS. Mr. Speaker, it was with f minute.) shock, disgust and outrage that I Mr. CHABOT. Mr. Speaker, today is watched on TV over Easter weekend H.R. 4055, IDEA FULL FUNDING ACT Tax Freedom Day. Today is the day flack-jacketed government agents, act- OF 2000 that working Americans for the first ing like military commandoes armed (Mr. GARY MILLER of California time this year can stop working for the with high-powered rifles breaking down asked and was given permission to ad- government and begin working for doors, assaulting reporters, ransacking dress the House for 1 minute.) themselves and for their own families. a private home and seizing an innocent Mr. GARY MILLER of California. Mr. May 3, 5 months into the year, 124 days child in the dark of night, while nego- Speaker, I rise to ask my colleagues to working for the government. Incred- tiations were ongoing, with something fulfill Congress’ promise to fund spe- ible. they called a search warrant. But the cial education at the 40 percent level Mr. Speaker, we have an obligation warrant they had was not based on a that was promised in 1975. to those working American families to proper court order. It was based on an For the past 25 years, Congress has trim the size of big government and after-hours ex parte application that consistently ignored its responsibility trim the size of their tax bills. Rather claimed Elian was being ‘‘concealed’’ to special education students. The re- than picking up the tab for a host of and ‘‘unlawfully restrained.’’ sult has impacted all students in public government programs that simply The Justice Department should have schools throughout our Nation. refuse to die because the President and waited until a judge had a chance to In Orange County, California, the the Congress refuse to kill them, tax- hold a hearing to determine if anyone special education funding shortfall now payers should be able to spend their

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.003 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2415 hard-earned money on their own needs. port that, if we do nothing with Social Mr. KINGSTON. Mr. Speaker, how Rather than supporting billion-dollar Security, we are either going to see did the Army lose a $1 million rocket corporate welfare programs, taxpayers taxes increase by 54 percent or benefits launcher? How did the Air Force lose 15 should be allowed to provide for the cut by 33 percent. jets? How did the Department of Inte- welfare of their own families. The chart I have here is a pie chart of rior build a $300,000 outhouse? Why is it Mr. Speaker, we can help. We can the Federal Government spending this that Ben and Jerry’s Ice Cream gets an move Tax Freedom Day to an earlier year. The bottom green piece of that $800,000 taxpayer supplement? Why is it slot on the calendar by cutting big gov- pie represents Social Security benefits that, if one eats cheese pizza, the FDA ernment down to size and providing and equals 20 percent of total Federal inspects it; but if one has the cheese American people with the healthy tax spending. The cost of senior programs and pepperoni, the USDA inspects it? It cut that they richly deserve. And next continues to grow. The problem is ex- is easy. It is called OPM, ‘‘other peo- year, we can celebrate Tax Freedom acerbated by the fact that people are ple’s money.’’ Day a little earlier. living longer and therefore are drawing In Washington, the departments, the f on Social Security longer. At the same bureaucracies are all operating on time our birth rate is going down. The other people’s money, taxpayers’ SCHOOL CONSTRUCTION result is fewer workers paying payroll money, hard-working men and women (Mr. HOLT asked and was given per- tax to finance higher benefit costs. who put in 40, 50, 60 hours a week pay- mission to address the House for 1 That leads us to a predicament where ing their tax dollars to Washington minute.) we are going in the red on Social Secu- only to have it squandered by Mr. HOLT. Mr. Speaker, this morn- rity. This year, with the Presidential unelected faceless bureaucrats who ing I am talking about trailers. Tem- race, it is an appropriate time to dis- know the beauty of OPM. They do not porary school buildings. I have visited cuss Social Security, to get into the have to be accountable because it is over 80 schools in my district and ev- details of how we are really going to not their money. erywhere I go, parents, teachers, and solve this problem and how we are real- Mr. Speaker, the Republican party students all talk to me about the prob- ly going to save this very important knows whose money it is. It is the lem of overcrowding and the expense of program. hard-working American taxpayers. construction. f That is why we believe budget surpluses should be used to pay down the Just last week, Secretary of Edu- BRAIN TUMOR AWARENESS WEEK cation Riley and I visited Crossroads debt, protect Social Security, and give School in a school district where the (Mr. ROTHMAN asked and was given a tax decrease to the working Ameri- total student population has doubled in permission to address the House for 1 cans; and that is what we are working the past 11 years from 3,500 students to minute and to revise and extend his for. 7,000 now. remarks.) f Mr. Speaker, study after study shows Mr. ROTHMAN. Mr. Speaker, this is Brain Tumor Awareness Week. Each GRANTING PERMANENT NORMAL that smaller class sizes produce better TRADE RELATIONS TO CHINA students. With the median school con- year, over 100,000 people in the United struction cost for an elementary school States alone will be diagnosed with a (Mr. ARMEY asked and was given in New Jersey at $13 million, and the brain tumor. Unfortunately, the gen- permission to address the House for 1 price of a new high school at more than eral public is not that familiar with minute and to revise and extend his $22 million on average, these are ex- this disease. Brain tumors are the sec- remarks.) 1 penses that our beleaguered taxpayers ond leading cause of cancer death for Mr. ARMEY. Mr. Speaker, in 3 ⁄2 cannot afford. They cannot continue to children under 19, the third leading weeks, we will take what will be, I be- have staggering tax increases year cause of cancer death for young adults lieve, the most important vote in this after year. ages 20 to 39. Congress, the vote to extend perma- So, Mr. Speaker, they are putting up Brain tumors attack the essence of nent normal trade relations to China. temporary trailers. Temporary build- what it means to be an individual. Mr. Speaker, this vote is important. ings may be a temporary solution, but They ravage the control center for It is not only important to our own do- they are not cheap. They cost nearly thought, emotion, and movement. The mestic industries, our driving high- $40,000 to install, $6,000 a year to lease, developing minds of children are espe- tech industry or to America’s workers and there is a maintenance cost. cially susceptible. in other industry or to America’s farm- There is also a cost to the students. There are over 100 different types of ers, but it is very, very important, per- Trailers may provide more space, but brain cancers, making effective treat- haps even more important, to the sense do not provide the optimal learning en- ments very complicated and expensive. of freedom and dignity to the Chinese vironment for a quality education. Be- There is no proven cure for most malig- people. cause of their long, rectangular shape, nant brain tumors. Congress needs to Mr. Speaker, this vote is not about students have trouble seeing the black- appropriate increased funding for the allowing Chinese product access to board, and many do not have Internet National Cancer Institute and provide American markets, it is about allowing connections. a strong investment in brain tumor re- American product access to Chinese Congress must act to pass legislation search. We need to give patients as markets. It is about having the Chinese that will provide much-needed finan- many options as possible to ensure Government accept the discipline of cial assistance to fast growing school quality cancer care and improve long- conforming to a worldwide trade re- districts. term survival. gime of rules and proper conduct and Mr. Speaker, I urge my colleagues to behavior. That can be infectious, Mr. f educate themselves about brain tu- Speaker. If they can accept those dis- b 1015 mors, and as we head into the heart of ciplines with respect to commerce, the appropriation season, to support they are most likely going to accept SOCIAL SECURITY increased funding for the National Can- them with respect to other aspects of (Mr. SMITH of Michigan asked and cer Institute. their life. was given permission to address the f It is about allowing the Chinese peo- House for 1 minute and to revise and ple, the normal every day working Chi- extend his remarks.) BUDGET SURPLUS SHOULD BE nese man or woman, the opportunity to Mr. SMITH of Michigan. Mr. Speak- USED FOR DECREASING DEBT, enjoy the information, the freedom, er, I want to just make a couple com- PROTECTING SOCIAL SECURITY the cultural experience, the sharing of ments on Social Security. Mr. Speaker, AND DECREASING TAXES America’s freedom and, by doing so, I see a lot of young people joining us (Mr. KINGSTON asked and was given getting a case to freedom in their own today. They are the generation at risk permission to address the House for 1 life. on Social Security. The actuaries of minute and to revise and extend his re- History has proven, Mr. Speaker, the Social Security Administration remarks.) that once people acquire the experience

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.006 pfrm01 PsN: H03PT1 H2416 CONGRESSIONAL RECORD — HOUSE May 3, 2000 of freedom through commerce, they for 1 minute and to revise and extend JUSTICE DEPARTMENT OVER- then require freedom in a greater share his remarks.) POWERS IN ELIAN GONZALEZ of their life. Mr. HAYWORTH. Mr. Speaker, we re- SAGA If we want to see the Chinese people turn to Washington to be about the (Mr. DUNCAN asked and was given free from an oppressive government, if business of the American people. Dur- permission to address the House for 1 we want to see a Chinese Government ing our district work period, in the 6th minute and to revise and extend his reform, put freedom in the hands of the Congressional District of Arizona, an remarks.) Chinese people. They, Mr. Speaker, will area in square mileage almost the size Mr. DUNCAN. Mr. Speaker, most reform the Chinese Government, im- of the Commonwealth of Pennsylvania, people apparently felt Elian Gonzalez prove their human rights; and while one of the largest districts in the coun- should have been returned to his fa- doing that, we will be able to maintain, try, not only geographically, but also ther. However, regardless of what any- not only an American economic boom, now as we do the estimates on rep- one felt about custody, the actions of but a world economic boom to the resenting close to 1 million people, I the Justice Department were ridicu- greater good of all the world’s people. was pleased that close to 1,000 people lously excessive in busting into that f joined my family and me at a tax relief home in Florida in the early morning rally April 15. TEXAS 49TH IN BOSNIA hours several days ago. Despite the talk of the pundits here To send in officers in full riot gear, (Mr. GREEN of Texas asked and was on the banks of the Potomac, the brandishing submachine guns was given permission to address the House American people understand, Mr. something a Federal police state would for 1 minute and to revise and extend Speaker, the gentleman from Georgia do. It was something that we would his remarks.) (Mr. KINGSTON) alluded to it earlier, it have expected in some Communist dic- Mr. GREEN of Texas. Mr. Speaker, is not the other people’s money, it is tatorship, but not here. during this last Easter weekend, sev- not the government’s money, the The picture of that officer pointing a eral Members of the Texas delegation, money belongs to the hard-working gun at Elian and that fisherman is led by our U.S. Senator KAY BAILEY taxpayers of the United States. something that should have shocked HUTCHINSON, the gentleman from Texas We owe it to the people who work and saddened everyone. Taking the law (Mr. FROST), the gentleman from Texas hard and play by the rules to make into its own hands just after it had (Mr. SAM JOHNSON), the gentleman sure that their money, our money is been severely criticized by a U.S. Court from Texas (Mr. EDWARDS), the gen- spent the right way. The best way to of Appeals, not waiting for the next tleman from Texas (Mr. BRADY), the spend it is to put it back in the hands scheduled court hearing just a few days gentleman from Texas (Mr. REYES), the of people who earned it. Meaningful tax away, the Justice Department has gentleman from Texas (Mr. SANDLIN), relief, we have offered it in terms of shown once again that it has grown far and myself traveled to Bosnia with ending the earnings penalty for sen- too arrogant, far too abusive, far too Senator HUTCHINSON to visit the Texas iors. We hope that others will act on big and really out of control. National Guard’s 49th Division and ob- the marriage penalty as this body has Mr. Speaker, if we do not drastically served Easter Sunrise Services with done. The American people deserve decrease the size, power, and especially our Guard in Tuzla. more of their hard-earned money. the funding of the Justice Department We had the opportunity to examine f in the years ahead, the freedom of all the operating situation of U.S. forces GOP BUDGET INVESTS IN EDU- Americans will be in jeopardy. in Bosnia. We were accompanied by f General Russell Davis, the chief of the CATION TO HELP OUR KIDS National Guard Bureau, but also our LEARN ENCOURAGING TRADE IN VIETNAM General in Texas, Daniel James of the (Mr. COOKSEY asked and was given (Mr. CUNNINGHAM asked and was Texas National Guard, to observe the permission to address the House for 1 given permission to address the House Commanding General Robert Halverson minute and to revise and extend his for 1 minute.) in the 49th Texas division. remarks.) Mr. CUNNINGHAM. Mr. Speaker, I personally had the opportunity to Mr. COOKSEY. Mr. Speaker, for last year I went to Vietnam with Hal visit with Colonel Tom Roman who, in America to remain competitive in the Rogers, chairman, at the behest of Pete his real life, is a lieutenant in the 21st Century, we must improve public Peterson, who is the ambassador, and Houston Police Department, who is schools and help children reach their was asked to raise the American flag currently serving in the division. full potential. I have a particular out- over Ho Chi Mihn City for the first Frankly, we have three Houston police standing, I think many outstanding time for over 25 years. officers who, not only serve Houston schools in my district, but today I have On that trip, I met with the prime during their regular jobs, but are now the Ruston Junior High School stu- minister, Communist prime minister in serving in Tuzla, Bosnia, serving our dents in town. Hanoi, and I asked the prime minister, country with the 49th Division. That is why the Republican budget ‘‘Why do you not get involved in For the first time in history, we have proposal increases our commitment to trade?’’ In perfect English, the Com- a National Guard division who is in public education so that today’s chil- munist prime minister said, ‘‘Congress- charge of a regular Army unit in dren will be tomorrow’s leaders in man, we are Communist. If we get in- Bosnia. America and around the world. Repub- volved in trade, we will be out of power I am proud of the outstanding job our licans are providing $2.2 billion more in as Communists.’’ At that moment, I troops are doing in helping bring peace the elementary and secondary edu- said trade is good. cation funding over the last year’s to this ravaged war-torn area. They b 1030 have been successful in stopping the level. That is an increase of almost 10 killing of women and children and try- percent, and more than $20 billion over If we take a look at whether there ing to bring stability to that area. the next 25 years or over the next 5 are problems with the trade with They are serving our country with years. China, whether it is humanitarian or honor and are proving that the Guard We need new solutions to help stu- whether it is with national security is a reliable part of our Armed Forces. dents learn, not just more money. That issues, it is in our best interest. That is Let me just show for national tele- is why Republicans want to give par- why Taiwan supports trade with China. vision the T-shirt that shows the Eagle ents and local teachers, not Wash- They want China in 20 to 30 years to Base with the 49th Lone Star Texas Di- ington bureaucrats, more control over move in a direction of pro democracy, vision emblem on it. Thank you. Federal education dollars. That is why not back to a totalitarian Communist f we need to expand education savings State. accounts to help students get out of Regardless of how one feels on the AMERICANS DESERVE failing schools. The Republican budget trade issue, both human rights and na- MEANINGFUL TAX RELIEF means more resources and a brighter tional security, it is in the United (Mr. HAYWORTH asked and was future for millions of America’s chil- States’ best interest to support the given permission to address the House dren and students. trade with China.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.008 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2417 IRANIAN SHAM TRIAL them factories so that they can then censorship, and the denial of the rights of free association and religious worship; (Mr. GILMAN asked and was given export to the United States and get enough money to buy weapons in order Whereas the Department of State Annual permission to address the House for 1 Report on International Religious Freedom minute and to revise and extend his re- to put us under a threat. I would op- for 1999 on Vietnam estimates that ‘‘there marks.) pose any of this WTO for China. are from 30 to 50 religious prisoners’’ but Mr. GILMAN. Mr. Speaker, I rise to f ‘‘the number is difficult to verify with any alert my colleagues to the ongoing precision because of the secrecy surrounding ANNOUNCEMENT BY THE SPEAKER the arrest, detention, and release process’’; sham trial of 13 Jews in Iran. Iran’s ju- PRO TEMPORE Whereas the Government of the Socialist diciary said on Monday that suspect The SPEAKER pro tempore (Mr. Republic of Vietnam continues to prevent Hamid ‘‘Danny’’ Tefileen had confessed human rights organizations from unfettered to passing classified information to GUTKNECHT). Pursuant to the provi- and open investigations of allegations of Israel’s Mossad, and Iranian state tele- sions of clause 8 of rule XX, the Chair state-sponsored oppression of the right to vision broadcast an interview with Mr. announces that he will postpone fur- worship by its citizens, and has prevented the United Nations Special Rapporteur on Tefileen in which he stated he had been ther proceedings today on each motion to suspend the rules on which a re- Religious Intolerance, Abdelfattah Amor, trained in Israel. It is obvious, Mr. from meeting with various religious leaders Speaker, that his confession was co- corded vote or the yeas and nays are ordered, or on which the vote is ob- during his visit to Vietnam in October 1998; erced since the defendant’s court-ap- Whereas the Government of the Socialist pointed attorney noted there was no jected to under clause 6 of rule XX. Republic of Vietnam systematically violates information to back up that Such record votes on postponed ques- the Universal Declaration of Human Rights confession. tions may be taken in two groups: The in contravention of its status as a member of first occurring before the debate has the United Nations; Israel has repeatedly denied this man Whereas the Government of the Socialist was a spy. And since I understand that concluded on all motions to suspend the rules, and the second after debate Republic of Vietnam systematically violates it is not illegal for any Iranian citizen the International Covenant on Civil and Po- to visit Israel, the charges against Mr. has concluded on the remaining litical Rights in contravention of its status Tefileen should be promptly dismissed. motions. as a signatory to that agreement; and Mr. Speaker, I urge the Iranian gov- f Whereas it is in the interest of the United States to promote political, religious, and ernment to free these men at once. RELATING TO CONTINUING HUMAN economic freedom throughout the world: They are not guilty of anything more RIGHTS VIOLATIONS AND POLIT- Now, therefore, be it than being Jewish. Moreover, I request ICAL OPPRESSION IN SOCIALIST Resolved by the House of Representatives (the my colleagues to cosponsor H. Con. REPUBLIC OF VIETNAM Senate concurring), That the Congress— (1) requests the President to restate and Res. 307, a measure I introduced, along Mr. GILMAN. Mr. Speaker, I move to with the Speaker, the gentleman from make clear to the leadership of the Govern- suspend the rules and agree to the con- ment of the Socialist Republic of Vietnam Illinois (Mr. HASTERT), opposing this current resolution (H. Con. Res. 295) re- that— ongoing prosecution of 13 members of lating to continuing human rights vio- (A) the American people are firmly com- the Jewish community. lations and political oppression in the mitted to political, religious, and economic f Socialist Republic of Vietnam 25 years freedom for the citizens of the Socialist Re- after the fall of South Vietnam to public of Vietnam; and OPPOSITION TO WTO FOR (B) the United States fully expects equal COMMUNIST CHINA Communist forces, as amended. protection under law with all Vietnamese The Clerk read as follows: citizens, regardless of religious belief, polit- (Mr. ROHRABACHER asked and was H. CON. RES. 295 ical philosophy, or socio-political associa- given permission to address the House Whereas April 30, 2000, marks the 25th an- tion; for 1 minute and to revise and extend niversary of the fall of Saigon to Communist (2) urges the Government of the Socialist his remarks.) forces of North Vietnam; Republic of Vietnam— Mr. ROHRABACHER. First and fore- Whereas 25 years after the Vietnam War (A) to cease violations of religious freedom most, Mr. Speaker, I would like to ended, the Socialist Republic of Vietnam is a as defined by the International Religious commend the gentleman from New one-party state ruled and controlled by the Freedom Act of 1998; (B) to release all religious prisoners, polit- York (Mr. GILMAN) on the statement Vietnamese Communist Party; Whereas the Government of the Socialist ical prisoners, and prisoners of conscience, that he just made. All of us should be and immediately cease the harassment, de- very united in this effort to draw a Republic of Vietnam continues to violate the liberties and civil rights of its own citizens tention, physical abuse, and imprisonment of spotlight on what is going on in Iran. If through arbitrary arrests, detentions with- Vietnamese citizens who have exercised the Iranian people, who I am convinced out trial, and the censorship of peaceful ex- their legitimate rights to freedom of belief, want to have better relations with the pressions of political and religious beliefs; expression, and association; United States, then Iran must know Whereas the Department of State Country (C) to allow all Vietnamese citizens the that they cannot conduct this sham Reports on Human Rights Practices for 1999 right to free expression, freedom of associa- trial and brutally terrorize their Jew- notes that the Government of the Socialist tion, freedom of the press, and religious wor- Republic of Vietnam ‘‘continued to repress ship; and ish population or any other part of (D) to formally commit to a framework their population. We need to pay atten- basic political and some religious freedoms and to commit numerous abuses’’; and a set timetable for open and fair election to this and send a message to the Whereas the Socialist Republic of Vietnam tions that will facilitate the ability of Viet- Iranians that we want to have good re- still retains Article 4 in its Constitution that namese citizens to peacefully choose their lations with them. ensures the supremacy of the Vietnamese own local and national leaders, free from But what I wanted to mention today, Communist Party as the only political party fear and intimidation; and and with my last 30 seconds, is that we in the country while continuing to enforce (3) commends the Vietnamese-American have heard a lot about trade with an extra-legal administrative decree to de- community for initiating a memorial to tain or place under house arrest any dis- American and South Vietnamese soldiers China this morning and we will hear who sacrificed their lives for the cause of more about it. The trade that we have sidents or civilians for up to two years, without trial, under the pretext of ‘‘endangering freedom during the Vietnam War, which is had with Communist China these last national security’’; under development and will be located in 10 years have not made this world a Whereas the Socialist Republic of Vietnam Westminster, California. safer world. In fact, it has done nothing is one of the most politically repressive and The SPEAKER pro tempore. Pursu- but build up the powerful forces in poorest countries in the world, with an aver- ant to the rule, the gentleman from Communist China that now threaten age annual per capita income of $330; New York (Mr. GILMAN) and the gen- the peace of the world. Whereas, according to the Department of tleman from California (Mr. LANTOS) Furthermore, it has not worked to State and international human rights orga- each will control 20 minutes. the benefit of the people of the United nizations, the Government of the Socialist The Chair recognizes the gentleman Republic of Vietnam continues to restrict States. What we have in China is the unregistered religious activities and per- from New York (Mr. GILMAN). building up of their infrastructure. Our secutes citizens on the basis of their reli- GENERAL LEAVE trade with them is building up their gious affiliation through arbitrary arrests Mr. GILMAN. Mr. Speaker, I ask technological capabilities; building and detention, harassment, physical abuse, unanimous consent that all Members

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.011 pfrm01 PsN: H03PT1 H2418 CONGRESSIONAL RECORD — HOUSE May 3, 2000 may have 5 legislative days within to commend the distinguished chair- the Vietnamese people. I earnestly which to revise and extend their re- man of the Subcommittee on Asia and hope and trust that this move by the marks on House Concurrent Resolution the Pacific, the gentleman from Ne- Congress of the United States, which I 295, the measure under consideration. braska (Mr. BEREUTER), for bringing it trust will be approved unanimously, The SPEAKER pro tempore. Is there to the floor at this time. Accordingly, will begin the process of opening up the objection to the request of the gen- I urge my colleagues to strongly sup- political situation in that country. And tleman from New York? port this measure. I once again commend my friend from There was no objection. Mr. Speaker, I reserve the balance of California (Mr. ROHRABACHER). Mr. GILMAN. Mr. Speaker, I yield my time. Mr. Speaker, I reserve the balance of myself such time as I may consume. Mr. LANTOS. Mr. Speaker, I yield my time. (Mr. GILMAN asked and was given myself such time as I may consume, permission to revise and extend his re- and I rise in strong support of this res- Mr. GILMAN. Mr. Speaker, I yield 5 marks.) olution. minutes to the gentleman from Cali- Mr. GILMAN. Mr. Speaker, I am At the outset, I would like to com- fornia (Mr. ROHRABACHER), the sponsor pleased to rise today in support of mend my friend, the gentleman from of the measure. House Concurrent Resolution 295, California (Mr. ROHRABACHER), for Mr. ROHRABACHER. Mr. Speaker, I which was introduced by my distin- crafting this resolution, which is so thank the chairman of the committee, guished colleague, the gentleman from necessary to focus attention on the the gentleman from New York (Mr. California (Mr. ROHRABACHER). And I continuing violations of human rights GILMAN), and the chairman of the sub- would also like to thank the chairman in all forms in Vietnam. committee, the gentleman from Ne- of the Subcommittee on Asia and the I also want to commend the chair- braska (Mr. BEREUTER), as well as the Pacific, the gentleman from Nebraska man of the Committee on International ranking member, the gentleman from (Mr. BEREUTER), for his work in Relations, the gentleman from New California (Mr. LANTOS) for being very crafting the current language in this York (Mr. GILMAN), and the chairman cooperative on this measure. resolution. of the Subcommittee on Asia and the This is one of those measures, Mr. Mr. Speaker, it is truly unfortunate Pacific, my good friend, the gentleman Speaker, that goes through Congress that 25 years after the end of the Viet- from Nebraska (Mr. BEREUTER) for that has bipartisan support because it nam War the Socialist Republic Viet- their work on this resolution. reflects fundamental values which I be- nam is still a one-party state ruled and Mr. Speaker, Vietnam continues to lieve that this body is supposed to be controlled by the Vietnamese Com- be—25 years after the conclusion of all about. This is a body that rep- munist party. Regrettably, the govern- that tragic war—one of the most re- resents the greatest democracy in the ment in Hanoi continues to repress pressive societies on the face of this world, and all of us who meet here basic political and some religious free- planet. Similarly to China, Vietnam share these values of democracy and doms, and to commit numerous human has opened up its economy to some ex- freedom. And when we are talking rights abuses. tent, but its political system is as about issues that go to the heart of our This resolution rightfully requests rigid, unbending, and repressive as it country, we stand united. the President to make clear to the gov- has ever been. ernment of Vietnam the firm commit- I call, therefore, on the government This resolution commemorates the ment of the American people to funda- of Vietnam to release all religious and 25th anniversary of the end of the Viet- mental human rights and equal treat- political prisoners, all prisoners of con- nam War and expresses a tribute to the ment for all people of Vietnam still science; and to immediately cease the Americans and South Vietnamese who persist. harassment, detention, physical abuse gave their lives in the cause of freedom It further urges Vietnam to cease its and imprisonment of Vietnamese citi- in that conflict. The international violations of human rights and to un- zens who are exercising their legiti- press reports from Vietnam this past dertake the long overdue liberalization mate rights to freedom of belief, ex- weekend unanimously emphasized the of its antiquated political system. pression, and association. ongoing repression that the people of And, finally, it appropriately com- I call on the government of Vietnam, Vietnam have had to suffer under the mends the Vietnamese American com- Mr. Speaker, to abolish article four of Communist regime in Hanoi. munity for a memorial to fallen Amer- the Vietnamese constitution and repeal The violation of human rights and ican and South Vietnamese soldiers all regulations and codes and decrees the denial of democracy for the people being developed in Westminster, Cali- prohibiting citizens the rights to free of Vietnam has been just a horrific ex- fornia. In that regard, I call upon the expression, freedom of association, perience over these last 25 years and Vietnamese government to do all it can freedom of the press and religious wor- has caused a firsthand observer, Sen- to assist in bringing our POWs and ship. ator JOHN MCCAIN, to state that re- MIAs home to American soil. I also think it is critical that we as a gardless of America’s shortcomings in Mr. Speaker, democracy and human body call on the government of Viet- conducting that war, that the wrong rights are not eastern or western val- nam to set an early timetable for open side won. ues, as some might contend. They are and fair elections that at long last will universal values and the right of people facilitate the inclusion of Vietnam in Singapore’s senior statesman and everywhere, including the 77 million the community of civilized nations and ASEAN founding member, Lee Kuan people of Vietnam. I want to praise allow its citizens to peacefully choose Yew, commented recently that the sac- this resolution for pointing out the in- their own local and national leaders, rifices by the Americans in Vietnam in justice that tragically exists in Viet- free from fear and intimidation. the 1960s and 1970s gave the rest of the nam today. Communism is a dead I think it is particularly significant, region, which also faced Communist- idealogy. Somehow, and surprisingly, Mr. Speaker, that the government of backed guerilla movements, time to the government in Hanoi still has not Vietnam has prevented the United Na- stabilize and even prosper. So, yes, received that news. tions special rapporteur on religious there were some good things that came I sincerely hope that the bureaucrats intolerance from meeting with the var- out of Vietnam, yet the people of Viet- in Hanoi are listening today and, as a ious religious leaders during his visit nam still suffer. result, will undertake the necessary re- to Vietnam. Vietnam has an obliga- And there was great sacrifice during forms to release minds and spirits of tion, as a signatory of the appropriate that war: 58,000 Americans perished and the Vietnamese people. The people of treaties, to allow access by United Na- more than 300,000 were wounded. In ad- Vietnam clearly deserve much better. tions’ officials to all religious practi- dition, 270,000 South Vietnamese mili- Once again I commend the gentleman tioners. tary personnel perished, and over from California (Mr. ROHRABACHER) for We are indeed pleased that a quarter 570,000 were wounded. And that was be- introducing this resolution and his century has gone by since the conclu- fore, of course, the final offensive by continuing commitment to human sion of that tragic war, but we are ap- the Communist forces 25 years ago rights and democracy, and I also want palled at the continued suppression of today.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.012 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2419 This resolution honors their sacrifice Mr. LANTOS. Mr. Speaker, I yield Mr. BEREUTER. Mr. Speaker, I and calls attention to the cause of free- myself such time as I may consume. thank the chairman for yielding me dom in Vietnam. This resolution is en- Mr. Speaker, in the relatively short the time. tirely in support of the people of Viet- time that she has been with us, the Mr. Speaker, as the chairman of the nam who deserve the right and the op- gentlewoman from California (Ms. Subcommittee on Asia and the Pacific, portunity to participate in the demo- SANCHEZ) has demonstrated extraor- I rise in strong support of H. Con. Res. cratic process of a free and Democratic dinary qualities of leadership in many 295. society. fields but particularly in the field of This Member congratulates and The greatest example of the potential defending human rights. thanks the distinguished gentleman of Vietnam is perhaps the tremendous Mr. Speaker, I am delighted to yield from California (Mr. ROHRABACHER) for educational and economic success of 3 minutes to my friend and colleague, bringing this matter to the body’s at- the Vietnamese American community, the gentlewoman from California (Ms. tention and for recognizing that the such as that in Little Saigon, which is SANCHEZ). 25th anniversary of the fall of Saigon in my district. And I am very proud to Ms. SANCHEZ. Mr. Speaker, I thank was an important time to focus the represent these freedom loving people my colleague from California for yield- American attention on what we were who came here in such turmoil and ing me the time for this gracious abil- fighting for and to also recognize the contributions of so many men and have made a success of their lives de- ity to give me some time to speak a lit- women among our countrymen who spite great hardship. tle about April 30, 1975, marking the beginning of a treacherous boat jour- made tremendous sacrifices in that war b 1045 ney for many Vietnamese who sought and I imagine with the hope that some In fact, the fact that they came here refuge in an unknown land to them and impact might prevail in Vietnam, as with little more than the shirts on an uncertain future. These individuals well. their back and now live in relative risked everything for a chance to live I also, once again, want to thank the prosperity and have made wonderful freely and to provide better opportuni- distinguished gentleman from Cali- citizens for our country indicates just ties for their children and their fami- fornia (Mr. LANTOS), the ranking mi- how important freedom and democracy lies. nority member of the subcommittee, is considering that the people that I rise today as a proud cosponsor of for his cooperation and his assistance in bringing this legislation to the floor. they left behind still languish in pov- the H. Con. Res. 295, legislation relat- We were happy to work with the gen- erty and still are repressed and suffer ing to continuing human rights viola- tleman from California (Mr. ROHR- great tyranny there in Vietnam. tions and political oppression in the ABACHER) on any kind of perfecting This resolution expresses the hope Socialist Republic of Vietnam still 25 years later since the fall of Saigon. amendments, but his legislation is very that some day the people of South timely and was very well crafted to Vietnam will enjoy the same kind of I also rise to pay special tribute and to recognize the efforts of those serv- begin with. freedom that the people who came here Certainly it is appropriate to express after the war enjoy. The resolution icemen and women who served as Viet- nam War veterans and also to the Viet- concerns about the continuing human urges the Vietnamese regime to com- rights violations and the political remit to a framework, a set timetable for namese who fought for freedom and democracy in Vietnam. pression in the Socialist Republic of open and free elections. As my colleagues know, I represent Vietnam. Twenty-five years after the end of the largest Vietnamese-American com- Even as the United States moves for- the war, it is time for Vietnamese lead- munity in the Nation in Orange Coun- ward in establishing relations with ers to make peace with their own peo- ty, California. As a proud member of Vietnam, which this Member supports, ple and to permit their citizens to the Congressional Human Rights Cau- we should be mindful that serious peacefully choose their own local and cus, it was my distinct honor just last human rights concerns do remain. national leaders without fear of intimi- Indeed, in the 25 years since the end month to hold a second hearing on the dation. of the war, regretfully this Member human rights conditions in Vietnam. This resolution also, as the gen- must say flatly that there has been no We held one a couple years ago. discernible progress, no discernible tleman from New York (Chairman GIL- We received testimony from expert progress, towards representative gov- MAN) stated, congratulates the Viet- witnesses who tell us still freedom of namese-American community in ernment or basic democratic freedom religion, freedom of expression, free- in Vietnam. Southern California and throughout dom of the press, freedom of collective the United States for initiating and The Vietnamese Constitution en- bargaining are still sorely missed in shrines the principle of one-party com- funding through private donations the Vietnam. first memorial to honor both American munist rule. Political dissidents are The Vietnamese Government con- routinely harassed or arrested for at- and South Vietnamese military per- tinues to grossly violate human rights sonnel who sacrificed their lives during tempting to exercise their fundamental by incarcerating prisoners of con- human rights, such as freedom of the Vietnam War, which is now being science and placing dissidents under developed in Orange County, Cali- speech and association. strict surveillance. The Vietnamese Government also fornia. So as we continue to move forward continues to restrict unregistered reli- Finally, I urge my colleagues on both with furthering relations between our gious activities and to persecute citi- sides of the aisle to support this bipar- two countries, it is my hope that we zens on the basis of their religious af- tisan resolution which honors the sac- will address the current human rights filiations. Vietnam can be said to be an rifice of American citizen soldiers who issues in Vietnam: the violations, the equal opportunity oppressor of reli- perished for the cause of freedom dur- religious persecution, the social injus- gious freedoms as Buddhists, Chris- ing the Indochina conflict by sup- tice that many individuals still face in tians, and over groups also suffer to porting the struggle for democracy in Vietnam. some extent from Government harass- Vietnam. Mr. Speaker, as we reflect on this ment and repression. And finally, I would like to salute a tragic day, it is our duty as Members of The Government has also refused to member of my staff, Mr. Al Santoli, Congress to honor the memories of the allow human rights groups and the who is standing behind me at this mo- individuals that have fought for liberty U.N. special rapporteur on religious in- ment, who helped me put this resolu- and democracy in Vietnam. tolerance unfettered access to inves- tion together. Al Santoli, a triple Pur- Mr. GILMAN. Mr. Speaker, I am tigate allegations of religious oppres- ple Heart winner from the Vietnam pleased to yield 5 minutes to the gen- sion. War, has dedicated his life to the cause tleman from Nebraska (Mr. BEREUTER), This resolution urges the Govern- of freedom and justice not only in the distinguished chairman of the Sub- ment of Vietnam to release religious Southeast Asia but throughout the committee on Asia and the Pacific. and political prisoners and cease har- world; and we appreciate the effort (Mr. BEREUTER asked and was assment of those exercising their le- that he put into this resolution, as given permission to revise and extend gitimate rights to allow basic free- well. his remarks.) doms, such as freedom of speech and

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.013 pfrm01 PsN: H03PT1 H2420 CONGRESSIONAL RECORD — HOUSE May 3, 2000 association, and to commit to a frame- whose military strength was ignored on ac- Mr. GILMAN. Mr. Speaker, I am work and a timetable for open and fair count of the bitter memories of the failures pleased to yield 6 minutes to the gen- elections. of the first World War. So, as I remember tleman from New Jersey (Mr. SMITH) It is time that the Vietnamese Gov- April 30, 1975, I will also remember Nov. 11, 1918, and what happened when America iso- who is the chairman of our Sub- ernment realizes that one-party com- lated itself from the world. But I will also re- committee on International Operations munist regimes have no place in the member the pride I felt when I sat in joint and Human Rights. modern world. It is time that the tal- sessions of Congress listening to Vaclav Mr. SMITH of New Jersey. Mr. ented, hard-working, and energetic Havel, Kim Dae Jung, Lech Walesa and Nel- Speaker, let me just begin by thanking people of Vietnam enjoy their rights to son Mandela thank Americans for the sac- the gentleman from California (Mr. rifices they made on behalf of their freedom. fundamental religious, economic, and ROHRABACHER) for his excellent piece of political freedom. The famous photo of South Vietnamese as- cending a stairway to a helicopter on the legislation, which tells the truth about Mr. Speaker, a few minutes ago the roof of our Saigon embassy represents both the ongoing repression in Vietnam. gentleman from California (Mr. ROHR- our shame and our honor. The shame is that Today, Mr. Speaker, I want to share ABACHER) referred to comments re- we, in the end, turned our back on Vietnam some observations from a human rights cently made by the senior senator from and on the sacrifice of more than 55,000 fact-finding mission I made in Decem- Arizona, Senator MCCAIN, who said the Americans. We succumbed to fatigue and ber to Saigon. The principal purpose of wrong side won. self-doubt, we reneged on the promise we had Well, I would also like to reference made to support the South Vietnamese, and the trip was to inspect the new refugee the senior senator from my home State the communists were able to defeat our al- processing program, which, as most of lies. The honor is that during the fall of Sai- of Nebraska, a member of the opposite my colleagues know, has recently gon we rescued tens of thousands of our moved from Bangkok to our new U.S. party, Senator ROBERT KERREY, who is South Vietnamese friends, and in the years Consulate in Saigon. a courageous, distinguished American following we welcomed over a million more who won the Congressional Medal of Vietnamese to our shores. As I think many of my colleagues Honor in Vietnam and who lost part of For a young, college-educated son of the know as well, I am very pleased to have his leg in the process. He came home clean, optimistic American heartland, the been the sponsor, the prime author, of war taught some valuable lessons. My trip to and protested the way the war was comprehensive foreign policy legisla- Vietnam gave me a sense of the immense size tion, the Foreign Relations Authoriza- being conducted. and variety of our world. I was also awed by But this past weekend, in the major something that still moves me: That Ameri- tion Act for Fiscal Year 2000 and 2001, papers of our State, he had an opinion cans would risk their lives for the freedom of which became law last November. piece; and he said, I was fighting and another people. At the Philadelphia Naval That bill provided for an extension of we were fighting on the right side. Hospital, I learned that everyone needs the McCain amendment on Vietnamese Upon reflection, upon visitation to America’s generosity—even me. refugee children through fiscal year During the war, I knew the fight for free- Vietnam and to Southeast Asia, I un- dom was the core reason for our being in 2001, along with an expansion of the derstand what we were doing there was Vietnam. But after the war, as I learned amendment to cover the so-called co- appropriate. more about our government’s decision-mak- residency cases. I want and will include that as a ing in the war years, I became angry. I was The new law also included very im- matter of the RECORD. It is an out- angry at the failure of our leaders to tell the portant language making clear that standing reflection upon his service in truth about what was happening in Vietnam. our refugee programs in Vietnam I was angry at their ignorance about the mo- Vietnam and also his reflection upon should be far more than a token effort. service in the Congress of the United tives of our North Vietnamese adversaries and the history of Vietnam. Our leaders We made that clear in all kinds of States as he prepares to retire from the didn’t seem to understand the depth of com- cases. For example, with the other body. mitment of our adversaries to creating their Montagnards who were turned down be- Mr. Speaker, this resolution at- version of an independent Vietnam. I par- cause they kept fighting the Com- tempts to send a clear message to the ticularly detested President Nixon for his munists after 1975, with reeducation Vietnam regime about the need for fun- duplicity in campaigning on a promise to end camp survivors whose refugee applica- the war, and then, once in office, broadening damental reforms. This Member urges tions were denied because they were his colleagues to support strongly H. the war to Cambodia. But time has taught me the sterility of anger. So, as I recently afraid to talk in front of government- Con. Res. 295. hired interpreters, with former U.S. Mr. Speaker, I include the following told former Secretary of Defense Robert McNamara, I forgive our leaders of the Viet- Government employees who were article authored by Senator KERREY for nam period. turned down for no good reason at all, the RECORD: I am able to forgive, not out of any great and with people who have suffered re- generosity of mine, but because the passage VIETNAM: 25 YEARS LATER; IN HINDSIGHT, A cent persecution for their political or JUST CAUSE of time and the actions of the communist religious beliefs, we need to be far (By Bob Kerrey) government of Vietnam have proven to me we were fighting on the right side. In their more generous than we have been in Today we mark the 25th anniversary of the harsh treatment of the Vietnamese people, the past. fall of Saigon, the day Americans witnessed in denying them medicine and essential con- the end of a war in which our enemy emerged It is too early, Mr. Speaker, to know sumer goods, and in persecuting religious victorious and our ally defeated. For many whether or not our Saigon refugee pro- practice, the Vietnamese communists in the years afterward, Americans buried this expe- post-war years proved themselves to be com- gram will live up to those expectations, rience and turned their backs on the prob- munists. The most eloquent comment on life which is the clear meaning and intent lems of Southeast Asia. Anger and self-ab- under Ho Chi Minh’s heirs was the flight of of the law. But I promise, as Chairman sorption dominated the debates that occa- millions of Vietnamese who risked death on of the Subcommittee on International sionally occurred about what went wrong. the high seas rather than live under that re- In the past 10 years, anger and self-absorp- Operations and Human Rights, to keep gime. If there was to be a trial to determine tion have been replaced with active, opti- my eye on the ball and to keep pushing if the Vietnam War was worth fighting, I mistic policies. In Southeast Asia, we have hard for it. would call the Boat People as my only wit- seen impressive successes. Beginning with ness. In addition to focusing on the refugee President Bush’s initiatives to bring peace to Was the war a mistake, or was it worth the programs, Mr. Speaker, we also focused Cambodia and continuing with President effort and sacrifice? Everyone touched by it heavily on the human rights issues, de- Clinton’s initiatives to normalize relations must answer that question for themselves. mocracy, and transparency in Viet- with Vietnam, we have started to return When I came home in 1969 and for many with an American spirit that advances the nam, which we have also done in our years afterward, I did not believe it was. subcommittee over the last several cause of freedom. Today, with the passage of time and the ex- No doubt the war affected America, but it perience of seeing both the benefits of free- years. wasn’t our worst war-connected failure. The dom won by our sacrifice and the human de- I met with Dr. Nguyen Dan Que, most difficult war of the last century was struction done by dictatorships, I believe the who—like the great Professor Hoat, not Vietnam; it was World War I. In 1943, the cause was just and the sacrifice not in vain. year I was born, veterans of the Great War who is now in this country—is a coura- were remembering the 25th anniversary of Mr. LANTOS. Mr. Speaker, I have no geous and brilliant former prisoner of their armistice while their sons were fight- further requests for time, and I yield conscience. He is now under virtual ing in Italy and the Pacific against enemies back the balance of my time. house arrest, however, in Saigon. His

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.071 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2421 phone is tapped. His Internet connec- their political or religious beliefs. They Vietnam was never a rich country, but now tions have been cut off. He and mem- must release all prisoners of conscience it is one of the poorest in the world, with a bers of his family are followed wher- that they currently hold. per capita GDP of about $300. Teachers make $20 per month, construction workers about ever they go. b 1100 $30, medical doctors $35. Of the 37 million Notwithstanding the fact that I had a Hanoi insists that it has no political working-age Vietnamese, only 7 million have Government thug following me wher- stable jobs, almost all in government or in ever I went, Dr. Que invited us into his or religious prisoners, only ordinary state-owned enterprises. The remaining 30 home and gave us a fascinating lecture law breakers. When visiting, American million are seasonal workers employed for on the future prospects for reform and delegations like my own point out that 200 days or less per years. democracy in Vietnam. these law breakers include Catholic Almost everyone in Vietnam is struggling He explained, for example, that the priests and Buddhist monks. When we for survival day by day, and almost everyone raise these issues, they say that these blames the government—especially corrup- principal contradiction in Vietnamese tion in government. It is no accident that society is not between North and people have been imprisoned for such crimes as activities to overthrow the people in rural areas are the poorest of all South, not between traditionalism and (according to the World Bank, about 45% of modernity, but between the Politburo government, which is utter nonsense, Vietnamese farmers live below the poverty and everybody else in the country. or using freedom and democracy to in- line) because these are the areas where gov- We also met with religious leaders, jure the national unity, whatever that ernment is most corrupt and has the great- including Archbishop Man, Father means. est power over people’s lives. Chan Tin, and members of the Hoa Hao Vietnamese officials cheerfully re- Despite the harsh measures taken by the Vietnamese government against those who Buddhist Church. And we met with mind visitors that they have a ‘‘different system.’’ They need to be per- openly express their displeasure with govern- Montagnard students, some of whom ment policies, there have been periodic dem- are Protestants who have been forbid- suaded that if they are going to do onstrations and even uprisings among rural den to have prayer meetings in their business with us they have to abide by people protesting corruption and oppression. country. internationally recognized norms re- In 1989, several hundred people from vil- Unfortunately, on the advice of Am- garding human rights. lages in the Mekong Delta traveled to Sai- bassador Peterson, we were unable to The Vietnamese government must gon, now called Ho Chi Minh City, to demand meet with the leaders of the Unified eliminate other gross human rights improved conditions in the countryside. These demonstrations were partly motivated Buddhist Church, who have come in for violations such as its two-child-per- couple policy, which deprives the par- by resentment at continued North Viet- some of the most brutal treatment of namese domination of the South, but in the all. The ambassador felt the time was ents of unauthorized children of em- early 1990s there were riots in three prov- not right. The next trip, I can assure ployment and other government bene- inces in Central Vietnam, in an area known my colleagues, we will meet with them. fits. as the ‘‘cradle of the revolution.’’ But we have continued to raise their It must grant workers the right to These events culminated in 1997 in Thai issues, as well. organize independent trade unions and Binh, a northern province noted for the unusually high percentage of enthusiastic Com- One thing that was very clear from stop the practice of forced labor. It has to stop jamming Radio Free Asia, munists among its people, in which thou- all of our conversations with human sands of peasants and farmers detained rights advocates, religious figures, and which tries to bring the Vietnamese armed public security officers and demanded ordinary Vietnamese was that inter- people the kind of broadcasting they an end to confiscatory taxes, corruption, and national pressure does indeed work. would provide for themselves if their other official abuses. Even a group of high- For example, Dr. Que pointed out government would allow freedom of ex- ranking Army officers from Thai Binh open- that while trade may bring some repression. ly announced that ‘‘the Communist party forms to Vietnam, these reforms will Mr. Speaker, I would submit for the has succeeded in abolishing the old regime in come quicker if the United States RECORD an excellent article written by which man exploited man, only to replace it Le Van Tien on ‘‘Vietnam’s Failed Rev- with a regime in which the Party itself ex- strongly uses each economic conces- ploits the people.’’ Many of the Thai Binh sion, especially the prospect of a bilat- olution.’’ It was in the Asian Wall demonstrators were sent to prison or re-edu- eral trade agreement, as leverage to re- Street Journal on April 28, 2000. cation, but the government also dismissed quire immediate progress on human [From the Wall Street Journal, Fri., Apr. 28, about 50 officials including the head of the rights. 2000] provincial People’s Committee. If anyone doubts that economic le- VIETNAM’S FAILED REVOLUTION ... The poor living conditions of the farmers verage works to change the behavior of (By Le Van Tien) and the working class contrast sharply with the lifestyle of many Communist cadres, the Vietnamese Government, these We are marching to Saigon. government officials, and executives in doubts should be resolved by the expe- We are entering the city. state-owned enterprises. They can afford rience of the ROVR program. We are liberating the South. conspicuous consumption not because of In mid-1996, the Vietnamese Govern- This was the song I heard the National Lib- their salaries, but because of their far larger ment promised that if the 20,000 or so eration Front soldiers singing as they income from official corruption. In recent people who were eligible for ROVR marched behind the North Vietnamese tanks years, the government itself has recognized would return to Vietnam, the U.S. that rolled into Saigon on April 30, 1975. that corruption is at the heart of its prob- would be able to interview them for Later the lyrics were taught to children, who lems, strangling the economy and scaring sang them enthusiastically enough. Say away foreign investors. refugee resettlement in the U.S. what you will about the Communists, they In mid-1999 General Secretary Le Kha Eighteen months after making this have always understood that children love Phieu announced a two-year campaign of promise, the Vietnamese Government parades. ‘‘self-criticism.’’ The campaign is intended had let us interview only a few hundred In the years just after the unification of to end bribery, extortion, smuggling, and of the 20,000 people. But when it was Vietnam, even as many South Vietnamese other corrupt practices, in order to win the made clear to them that they would were either fleeing in boats or being sent to confidence of the people and also of foreign not get a waiver of the Jackson-Vanik prison or ‘‘re-education,’’ others—particu- investors. These investors were initially at- amendment, which would be necessary larly young people—were willing to join the tracted by the official policies of economic Communists in efforts to rebuild the coun- ‘‘renovation’’ and ‘‘openness’’ announced in to allow subsidized loans under the try. Many were even willing to fight and die the early 1990s, but they have been discour- U.S. Export-Import and OPIC pro- in the wars against Cambodia and China. aged not only by the burdens of corruption grams, they allowed us to start inter- Yet 25 years later most of the survivors and hyperregulation, but also by the con- viewing people almost immediately. can barely remember the songs they used to sequent decline in economic growth rates We eventually got 18,000 people to sing about the revolution. For those of us from about 8% annually to just over 4%. freedom under the ROVR program. So who were imprisoned or forced into exile, it Most ominously, many are frighted by the linkage to economic issues does work. is tempting to judge the revolution by our prospect of political instability as a con- Let me also focus on a couple of own standards. It is more instructive, how- sequence of the steady erosion of the govern- ever, to judge a movement by the extent to ment’s legitimacy. human rights issues. As the gentleman which it has met its own goals. Life in Viet- The Vietnamese government seems to un- from California (Mr. LANTOS) said so nam has indeed changed in many ways since derstand that it is in danger of losing its grip eloquently, the Vietnamese Govern- 1975, but not in any of the ways promised by on power. It has been quietly advised by ment must stop imprisoning people for the revolution. scholars, international financial institutions

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.046 pfrm01 PsN: H03PT1 H2422 CONGRESSIONAL RECORD — HOUSE May 3, 2000 and representatives of other governments New York (Mr. GILMAN), for yielding suspend the rules and agree to the con- that it must act to regain the trust of the me this time. current resolution, H. Con. Res. 295, as Vietnamese people. The most obvious way to Mr. Speaker, I rise to support H. Con. amended. do this would be through a campaign of ren- Res. 295 relating to continuing human The question was taken. ovation and openness extending beyond the Mr. GILMAN. Mr. Speaker, on that I economic sphere to include freedom of ex- rights violations and political oppres- pression, religion, and the press as well as sion in the socialist Republic of Viet- demand the yeas and nays. steps toward more representative govern- nam, 25 years after the fall of South The yeas and nays were ordered. ment. Vietnam to Communist forces. The SPEAKER pro tempore. Pursu- Party leaders, however, regard these free- This past weekend, April 30, marked ant to clause 8 of rule XX and the doms as an even greater threat to their the fall of Saigon, which ended the Chair’s prior announcement, further power than the current popular dissatisfac- Vietnam war 25 years ago. There were proceedings on this motion will be tion with government. In August 1999, at the a series of events held across America, postponed. closing session of the Seventh Communist f Party Plenum, General Secretary Le Kha including in my district in Northern Phieu stated that ‘‘there will be no sharing Virginia, to commemorate this tragic EXPRESSING SENSE OF CONGRESS of power. The Communists will hold firmly event in history. ON INTERNATIONAL RECOGNI- to leadership. Any request for democracy, Vietnamese Americans from the TION OF ISRAEL’S MAGEN DAVID freedom, human rights, or ‘peaceful evo- Washington, DC, metropolitan area ADOM SOCIETY AND ITS SYMBOL lution,’ is a conspiracy by the enemy forces gathered this past weekend to honor THE RED SHIELD OF DAVID to erase the socialist regime in Vietnam.’’ the fallen heroes who sacrificed their This injunction has manifested itself in lives in the name of freedom. In addi- Mr. GILMAN. Mr. Speaker, I move to strong measures by local authorities tion, they staged an all-night candle- suspend the rules and agree to the reso- throughout the country against actions sus- lution (H. Res. 464) expressing the sense pected to be harmful to internal stability light vigil, a flag ceremony, and a peaceful demonstration to keep the of Congress on international recogni- and order. Most recently, a number of Hoa tion of Israel’s Magen David Adom So- Hao Buddhists were imprisoned for partici- hope and flame of democracy alive for pating in a ceremony to commemorate the those still living in the socialist Re- ciety and its symbol the Red Shield of 53rd anniversary of the disappearance of public of Vietnam. David. their founder. The Vietnam war took its toll on The Clerk read as follows: Father Chan Tin, an outspoken Roman American families sending fathers, H. RES. 464 Catholic priest and human rights advocate, brothers, husbands, and uncles thou- Whereas Israel’s Magen David Adom Soci- was recently ‘‘tried’’ in absentia at public sands of miles away to the jungles of ety has provided emergency relief to people meeting organized by the People’s Com- in many countries in times of need, pain, and mittee in the district where his church is lo- Vietnam to fight the enemy they could suffering since 1930, regardless of nationality cated. Father Tin was charged with such never face. We must never forget that or religious affiliation; crimes as ‘‘seeking to abolish the leadership over 58,000 Americans and over 300,000 Whereas in the past year alone, the Magen of the Communist Party’’ and ‘‘destroying South Vietnamese soldiers lost their David Adom Society has provided invaluable the solidarity between religions and the lives defending and protecting funda- services in Kosovo, Indonesia, and Kenya fol- state.’’ And the principal leaders of the Uni- mental ideals, such as freedom of lowing the bombing of the United States Em- fied Buddhist Church of Vietnam, the coun- speech, freedom of religion, and free bassy in Kenya, and in the wake of the earth- try’s largest religious denomination, remain quakes that devastated Greece and Turkey; under virtual house arrest. and open elections. Whereas the American Red Cross has rec- The government also recently arrested, Their noble sacrifices should serve as ognized the superb and invaluable work done searched, and deported French reporter a reminder that the Vietnam war was by the Magen David Adom Society and con- Sylvaine Pasquier, who was apprehended fought on the principles and values of siders the exclusion of the Magen David outside the house of former political pris- democracy. Adom Society from the International Com- oner Nguyen Dan Que, whom she was at- H. Con. Res. 295 is a timely resolu- mittee of the Red Cross and Red Crescent tempting to interview. Ms. Pasquier reports tion which reiterates America’s com- Movement ‘‘an injustice of the highest that at one point her interrogator made a mitment to political, religious, and order’’; gesture to simulate a gun at her head and Whereas the American Red Cross has re- said she could put heroin in her purse and economic freedom for the citizens of peatedly urged that the International Red condemn her as a drug smuggler. the socialist Republic of Vietnam. Cross and Red Crescent Movement recognize Next month Mr. Phieu will make an offi- Furthermore, this resolution urges the Magen David Adom Society as a full cial visit to France at the invitation of the government to release all political member; President Chirac—the first visit to a demo- and religious prisoners and prisoners of Whereas the Magen David Adom Society cratic country by a General Secretary of the conscience, to allow their citizens the utilizes the Red Shield of David as its em- Vietnamese Communist Party since Ho Chi right to freedom of speech, freedom of blem, in similar fashion to the utilization of the Red Cross and Red Crescent by other na- Minh visited France in 1946. The Phieu visit association, freedom of the press and was arranged with the help of the French tional societies; Communist Party, which recently announced freedom of religious worship, and more Whereas the Red Cross and the Red Cres- its determination to ‘‘rejuvenate the spirit importantly to formally commit to a cent have been recognized as protected sym- of communism’’ as a movement committed framework and timetable for open and bols under the Statutes of the International to ‘‘return political power to the individual fair elections. Red Cross and Red Crescent Movement; citizen.’’ Finally, H. Con. Res. 295 recognizes Whereas the International Committee of Perhaps Mr. Phieu and his colleagues in and commends the Vietnamese Amer- the Red Cross has ignored previous requests the Vietnamese Communist Party will come from the United States Congress to recognize ican community for initiating an inter- the Magen David Adom Society; to share the insight of their French com- national memorial to American and rades that Communism can only survive by Whereas the Statutes of the International finding a way to coexist with democracy and South Vietnamese soldiers who gave Red Cross and Red Crescent Movement state individual freedom. If not—if they keep try- their lives for the cause of freedom dur- that it ‘‘makes no discrimination as to na- ing to cure the consequences of Stalinism ing the Vietnam war, which will be lo- tionality, race, religious beliefs, class or po- with more Stalinism—it is hard to imagine cated in Westminster, California. litical opinions’’ and it ‘‘may not take sides that anyone will be singing songs about the I urge my colleagues to support H. in hostilities or engage at any time in con- revolution in another 25 years. Con. Res. 295 to honor all those who troversies of a political, racial, religious or ideological nature’’; Mr. Speaker, I want to salute the valiantly fought during the Vietnam Whereas although similar national organi- gentleman from California (Mr. ROHR- war and to commemorate the fall of zations of Iraq, North Korea, and Afghani- ABACHER) for this excellent resolution. Saigon. stan are recognized as full members of the Mr. GILMAN. Mr. Speaker, I thank I commend the gentleman from Cali- International Red Cross and Red Crescent the gentleman from New Jersey (Mr. fornia and his staff for their hard work Movement, the Magen David Adom Society SMITH) for his supportive comments. to bring to our attention this impor- has been denied membership since 1949; and Mr. Speaker, I yield the balance of tant issue. Whereas in fiscal year 1999 the United States Government provided $119,400,000 to the time to the distinguished gen- The SPEAKER pro tempore (Mr. the International Committee of the Red tleman from Virginia (Mr. DAVIS). GUTKNECHT). The question is on the Cross and $7,300,000 to the Federation of Red Mr. DAVIS of Virginia. Mr. Speaker, motion offered by the gentleman from Cross and Red Crescent Societies: Now, I thank my friend, the gentleman from New York (Mr. GILMAN) that the House therefore, be it

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.008 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2423 Resolved, That— ety admitted as part of the Inter- of the Red Cross recognizes there needs (1) the International Committee of the Red national Red Cross and the Red Cres- to be a solution. It has taken all too Cross should immediately recognize the cent Movement but has so far been long. The Magen David Adom has par- Magen David Adom Society and the Magen thwarted by the political prejudices of ticipated in International Red Cross David Adom Society should be granted full membership in the International Committee a small number of its member nations humanitarian crises in Indonesia, in of the Red Cross and Red Crescent Move- and others that raise what I believe to Kosovo, in Greece, in Turkey, in Kenya ment; be spurious issues concerning the adop- where the American Embassy in (2) the Federation of Red Cross and Red tion of another emblem, the Red Shield Nairobi was attacked. It has been in Crescent Societies should grant full member- of David, into the movement. operation since the 1930s. It functions ship to the Magen David Adom Society im- Congress in 1987 affirmed its support with the International Red Cross and mediately following recognition by the for the Magen David Society request- Red Crescent in every way, except for International Committee of the Red Cross of ing that they be admitted as full mem- official recognition. the Magen David Adom Society as a full member of the International Committee of bers. After 13 years, 13 long years, the It seems to me, as we enter this sec- the Red Cross; and ICRC is still dragging its feet on this ond millennium, that it is long overdue (3) the Red Shield of David should be ac- issue, and the Israeli Magen David for the Red Cross to accept what is the corded the same protections under inter- Adom Society remains the victim of American proposal to include the national law as the Red Cross and the Red politics. We must reinforce our support Magen David Adom in these inter- Crescent. for this praiseworthy organization by national organizations and to stop The SPEAKER pro tempore. Pursu- passing this resolution, H. Res. 464, and what has been, frankly, a bad reflec- ant to the rule, the gentleman from letting other members of the Inter- tion on what is a great international New York (Mr. GILMAN) and the gen- national Red Cross and Red Crescent organization, an international organi- tleman from Connecticut (Mr. GEJDEN- Movement know that we do not look zation that has done so much to save SON) each will control 20 minutes. favorably on this kind of bias and people, to stop suffering, to help people The Chair recognizes the gentleman hypocrisy. in crisis, to have them continue to bat- from New York (Mr. GILMAN). A working group charged with resolv- tle over what is clearly a prejudice GENERAL LEAVE ing this issue has recently decided to that even they are having a hard time Mr. GILMAN. Mr. Speaker, I ask call later this year a diplomatic con- now defending. It is long overdue. I unanimous consent that all Members ference of all the signatories of the Ge- commend the chairman for his efforts. may have 5 legislative days within neva Conventions, as well as represent- Mr. Speaker, I yield 5 minutes to the which to revise and extend their re- atives of each of the International Red gentleman from California (Mr. LAN- marks on H. Res. 464, the resolution Cross and Red Crescent Societies. That TOS). being considered. diplomatic conference will decide Mr. LANTOS. Mr. Speaker, I want to The SPEAKER pro tempore. Is there whether the Magen David Adom Soci- thank my friend and colleague, the objection to the request of the gen- ety will be admitted to the Inter- gentleman from Connecticut (Mr. tleman from New York? national Movement of the Red Cross GEJDENSON), for yielding me this time. There was no objection. and Red Crescent and whether its em- Mr. Speaker, I want to commend the Mr. GILMAN. Mr. Speaker, I yield blem, the Red Shield of David, will be chairman of the Committee on Inter- myself such time as I may consume. accorded the same protections under national Relations, the gentleman (Mr. GILMAN asked and was given international law as the Red Cross and from New York (Mr. GILMAN), for intro- permission to revise and extend his re- Red Crescent. ducing this legislation. I want to com- marks.) By adopting this resolution today, mend the ranking member, the gen- Mr. GILMAN. Mr. Speaker, today we the House will put all the participants tleman from Connecticut (Mr. GEJDEN- are calling up for the consideration of of that diplomatic conference on notice SON), for supporting it. the House, H. Res. 464, expressing the that this is a matter we take seriously, Mr. Speaker, earlier this year in Jan- sense of Congress on international rec- that it must be resolved fairly and in uary several of us visited the head- ognition of Israel’s Magen David Adom conformity with the principles of the quarters of the International Red Society and its symbol the Red Shield Red Cross and the Red Crescent Move- Cross, and we had extended discussions of David, which I introduced along with ment. with the top leaders of this very fine the ranking member of our Committee Accordingly, Mr. Speaker, I urge my organization concerning the issue we on International Relations, the gen- colleagues to join with us in adopting are debating this morning. tleman from Connecticut (Mr. GEJDEN- H. Res. 464. While I must say I am deeply im- SON). Mr. Speaker, I reserve the balance of pressed by the work of the Inter- This measure reaffirms our support my time. national Red Cross, I was appalled by for justice and inclusiveness in the Mr. GEJDENSON. Mr. Speaker, I the failure of the leadership in Geneva International Red Cross movement. yield myself such time as I may to take decisive action to put an end to Resolution 464 lends our support to the consume. this outrageous form of discrimination. efforts of the Magen David Society and Mr. Speaker, let me join with my col- The International Red Cross and Red strongly encourages its acceptance as a league, the gentleman from New York Crescent have been doing an out- full member into the international (Mr. GILMAN), in his remarks. In some- standing job and Israel’s parallel orga- governing body of the International what a stunning occurrence over the nization, the International Magen Committee of the Red Cross, the ICRC. last 20 years or so, the International David Adom, has been there helping in The Magen David Society is equiva- Red Cross has argued that the religious every single international crisis. They lent to our own American Red Cross. It symbols they have, the Red Cross and were in the front lines of the humani- has served countless citizens of nations the Red Crescent, are not religious, but tarian effort both in East Timor and in need for over 70 years. It might come the religious symbol that Israel uses Indonesia and in the tragic bloody cri- as a shock to some that while the na- somehow is religious. sis of Kosovo. They were among the tional organizations of countries such Frankly, it always astounded me very first groups to arrive, both in as Iraq, Libya and North Korea are all that year after year we would hear Greece and Turkey, in the wake of the Members of the International Con- from the Red Cross annually that the earthquake, and, of course, they stood ference of the Red Cross and the Red Magen David was a separate category. shoulder to shoulder with us to save Crescent, the Magen David Society, One does not want to jump to the con- American and Kenyan lives following though, has been left out. The Magen clusions that somehow prejudice has the outrageous bombing of the U.S. David Society has fulfilled its criteria saturated their thinking, but it was Embassy in Nairobi. for full membership, has requested very difficult to come to any other b membership and recognition of the conclusion. 1115 Shield of David as their symbol. The Well, after almost 20 years of contact I particularly want to commend the American Red Cross has repeatedly with them on this issue I am frankly Chairman of the American Red Cross, sought to have the Magen David Soci- heartened that the present leadership Dr. Bernadine Healy, for proposing

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.004 pfrm01 PsN: H03PT1 H2424 CONGRESSIONAL RECORD — HOUSE May 3, 2000 that we withhold any dues to the Inter- of Israel’s Red Cross, the Magen David the state of Israel. The MDA is the Israeli national Red Cross until this sin- Adom Society, which has been pro- counterpart to the American Red Cross and gularly appalling form of discrimina- viding emergency services around the carries out all of the traditional roles of a voluntary medical aid society including tion is terminated. I strongly support world, obviously, without regard to emergency medical services, maintenance of her posture, as I am sure all of my col- race, religion or nationality since the blood supplies, first aid, and disaster relief. leagues in this body and in the other 1930s. Unfortunately, despite its dedicated humani- body do. What should we do? Our own Amer- tarian relief efforts around the world, MDA The Red Cross is doing an out- ican Red Cross says it is one of the has not yet been recognized as a full member standing job. It should not besmirch its greatest acts of injustice, that the of the International Red Cross and Red Cres- reputation internationally by being International Red Cross and Red Cres- cent Movement. The International Red Cross and Red Cres- part and parcel of an appalling medie- cent Societies will not admit Israel’s cent Movement is a worldwide institution in val discriminatory measure. The time Red Cross Society, the Magen David which all national Red Cross and Red Cres- is long overdue to put an end to this Adom Society, and refuses to accept cent Societies have equal status. However, practice and to recognize Magen David the legitimacy of the Red Star of MDA is in a decidedly unequal position. The Adom as a full-fledged member of the David. Hypocrisy? Injustice? Obvi- Magen David Adom Society is excluded from International Society of the Red Cross. ously. full membership in the International Com- Mr. Speaker, I again want to com- So I urge my colleagues in the House mittee of the Red Cross and Red Crescent mend my colleagues for introducing and my friends around the country to Movement solely because the Red Shield of this resolution. David, the organization’s emblem, is not an speak loudly about this act of injus- official emblem recognized by either the Ge- Mr. GEJDENSON. Mr. Speaker, it is tice, and, hopefully, through the work neva Conventions governing the Inter- a privilege to yield 5 minutes to the of the gentleman from New York national Red Cross and Red Crescent Move- gentleman from New Jersey (Mr. ROTH- (Chairman GILMAN) and the ranking ment or the Statutes of the International MAN). member, the gentleman from Con- Red Cross and Red Crescent Movement. Mr. ROTHMAN. Mr. Speaker, I thank necticut (Mr. GEJDENSON) and our While other countries utilize the red cross the gentleman for yielding me time. other members on the Committee on or the red crescent as emblems of their na- Mr. Speaker, I am here today to ex- International Relations, finally the tional humanitarian societies, we respect the decision of MDA in Israel, a Jewish state, to press my strong and full support for International Red Cross and Inter- House Resolution 464, and I do want to maintain the 70-year tradition of using the national Red Crescent Societies will do Red Shield of David as its emblem. With acknowledge the tremendous work of what is right now in the year 2000, and peace slowly but surely coming to the Middle our chairman, the gentleman from New admit the Red Star of David, which has East and Israel developing progressively York (Mr. GILMAN), and our ranking flown over so many tragedies, lending more relations with its neighbors, it is time member, the gentleman from Con- helping hands to peoples all over the that the ICRC recognize the Magen David necticut (Mr. GEJDENSON). world for the last 70 years, to be in- Adom as a full member, and the Federation Mr. Speaker, what is wrong with the cluded in the family of those who wish grant it membership. following picture: Many of the nations As you are likely aware, the US House of to help others in need. Representatives passed an amendment last of the world have what are called Red Mr. GEJDENSON. Mr. Speaker, I year which expressed the sense of the Con- Cross societies, or societies that pro- yield back the balance of my time. gress that the MDA should be recognized as vide emergency humanitarian relief, Mr. ENGEL. Mr. Speaker, I rise in support a full member of the International Red Cross not only to their own people, but to of H. Res. 464 which urges the International and Red Crescent Movement. Congress may other nations when there are tragedies Committee of the Red Cross (ICRC) and the consider additional legislation this year that occur around the world. There is Federation of Red Cross and Red Crescent about MDA’s exclusion from your organiza- the International Red Cross, with a red tion. Societies to fully recognize the Magen David We understand that there have been recent cross as its symbol; there is the Inter- Adom, Israel's counterpart to the American meetings between you and the government of national Red Crescent in Arab lands Red Cross, as a member. I am pleased that Israel which have brought the two sides clos- with the red crescent as their symbol. the President of the International Committee of er to a resolution. While we are encouraged The state of Israel has its own version the Red Cross, Dr. Jakob Kellenberger, has by the new positive atmosphere, we will be of the Red Cross, which, as my col- made membership of the Magen David Adom monitoring this situation closely until the leagues have said, provides emergency a priority this year. However, the Magen David MDA is fully recognized by the ICRC and the Federation. humanitarian relief all over the world, Adom has been kept waiting for more than in Europe, Africa, Asia, all over the Sincerely, fifty years for full membership. It is imperative Eliot L. Engel; Constance A. Morella; world, and their symbol in Israel is the that the ICRC recognize the Magen David Stephen Horn; Jerrold Nadler; Rush D. Red Star of David. Adom immediately and not further delay the Holt; Dana Rohrabacher; John M. What is wrong with this picture? process. This could be done most easily by Spratt, Jr.; Anthony D. Weiner; James Well, the International Red Cross Soci- applying the American Red Cross' solution: to E. Rogan; Henry A. Waxman; Joseph eties and the International Red Cres- ``grandfather'' the Magen David Adom into the Crowley; Tim Holden; Christopher cent Societies refuse to permit Israel’s ICRC since it has met all necessary conditions Shays; Nita M. Lowey; Benjamin A. Red Cross, the Magen David Adom So- Gilman; Steven R. Rothman; Tom Lan- to become a national society. tos; Peter Deutsch; Sam Gejdenson; ciety, to be admitted into the Inter- I would like to commend the American Red national Society of Red Cross and Red John F. Tierney; Howard L. Berman; Cross and Dr. Bernadine Healy for their sup- John Lewis; Sander M. Levin; Sherrod Crescents. They refuse to acknowledge port and commitment to ensuring full member- Brown; Charles B. Rangel; Juanita the legitimacy of that Israeli Red Cross ship for the Magen David Adom. Furthermore, Millender-McDonald; Gary L. Acker- Society, and they refuse particularly Chairman GILMAN and Ranking Member man; James H. Maloney; Edward J. to consider including Israel’s Red Star GEJDENSON also deserve recognition for their Markey; Robert Wexler; Carolyn B. of David, which its ambulances and leadership on this issue. Maloney; Janice D. Schakowsky. emergency humanitarian vehicles fly I hope my colleagues will join me in voting Mr. CROWLEY. Mr. Speaker, I speak today overhead, like the Red Cross and the for this resolution. in strong support of House Resolution 464 to Red Crescent Societies. We are in the CONGRESS OF THE UNITED STATES, urge the International Committee of the Red year 2000, Mr. Speaker, and this kind of Washington, DC, April 5, 2000. Cross and the Federation of the Red Cross blatant prejudice still exists. Dr. JAKOB KELLENBERGER, and Red Crescent Societies to formally recog- What should we do as American legis- President, International Committee of the Red nize its Israeli counterpart, the Magen David lators and as American citizens? The Cross, Geneva, Switzerland. Adom (MDA) as a full member. United States Government provides to DEAR DR. KELLENBERGER: We are writing Unfortunately, international bias against the the International Red Cross $119 mil- to urge the International Committee of the State of Israel still exists today. While the lion a year. The United States Govern- Red Cross and the Federation of the Red Israeli people have taken tremendous risks in Cross and Red Crescent Societies to recog- ment provides to the Federation of Red nize the Magen David Adom (MDA) as a full negotiating peace with their Arab neighbors Cross and Red Crescent Societies over member as expeditiously as possible. and promoting normalized relations with all na- $7 million a year, those same organiza- As you know, the MDA was founded in 1930 tions, anti-Israel sentiment in international or- tions that refuse to allow the inclusion and is the national humanitarian society in ganizations still prevails.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.036 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2425 The reluctance of the International Red Whereas Lukashenka’s legal term in office sian Federation has been crucial to the sur- Cross and Red Crescent Movement to provide expired in July 1999; vival of the Lukashenka regime; recognition to the Magen David Adom is just Whereas Belarus has effectively become an Whereas a Union Treaty between the Rus- authoritarian police state, where human sian Federation and Belarus was ratified by another manifestation of this attitude. rights are routinely violated; The Magen David Adom not only provides the Russian Parliament and the illegitimate Whereas Belarusian economic development parliament of Belarus; important services in the State of Israel but is stagnant and living conditions are deplor- Whereas the Union Treaty between the also works internationally alongside other hu- able; Russian Federation and the Lukashenka re- manitarian relief organizations providing in- Whereas in May 1999, the Belarusian oppo- gime violates Russian Federation Govern- valuable emergency aid to people in many sition challenged Lukashenka’s unconstitu- ment respect for the sovereignty of Belarus countries, regardless of nationality or religious tional lengthening of his term by staging al- per the memorandum on security guarantees affiliation. ternative presidential elections, unleashing signed by Russian Federation President Israel's recent response to the tragic earth- the government crackdown; Boris Yeltsin at the December 1994 Summit Whereas the leader of the opposition, of Organization for Security and Cooperation quake in Turkey underlines that the Magen Semyon Sharetsky, was forced to flee David Adom is an important member of the in Europe Heads of State in Budapest, Hun- Belarus to the neighboring Baltic state of gary; and worldwide humanitarian community. the Republic of Lithuania in fear for his life; Whereas the introduction of any nuclear Whereas several leaders of the opposition, I am proud to be a cosponsor of this impor- weapons on the territory of Belarus, a de- including Viktor Gonchar, Anatoly tant resolution. clared non-nuclear state under the Treaty on Krasovsky, and Yuri Zakharenka have dis- Mr. Speaker, the House International Rela- the Non-Proliferation of Nuclear Weapons, appeared; tions Committee on which I am privileged to would be a violation of Belarus’s obligations Whereas the Belarusian regime harasses serve, unanimously supported this resolution under that Treaty: Now, therefore, be it and persecutes the independent media and Resolved by the House of Representatives (the and I urge my fellow Members to give this leg- works to actively suppress freedom of Senate concurring), That the Congress— islation the same overwhelming support on the speech; floor today and send a strong message that Whereas former Prime Minister Mikhail (1) condemns continued egregious viola- the United States will not accept discrimination Chygir, who was a candidate in the opposi- tions of human rights by President Alyaksandr Lukashenka’s regime in the Re- against the State of Israel. tion’s alternative presidential elections in May 1999, was held in pretrial detention on public of Belarus; Mr. GILMAN. Mr. Speaker, I have no (2) further condemns the Lukashenka re- further requests for time, and I yield trumped up charges from April through No- vember 1999; gime’s conviction and sentencing of Andrei back the balance of my time. Klimov, Vasiliy Leonov, and Vladimir The SPEAKER pro tempore (Mr. Whereas the Lukashenka regime provoked the clashes between riot police and dem- Koudinov on politically motivated charges GUTKNECHT). The question is on the onstrators at the October 17, 1999, ‘‘Freedom and urges their release; motion offered by the gentleman from March’’, which resulted in injuries to dem- (3) is gravely concerned about the dis- New York (Mr. GILMAN) that the House onstrators and scores of illegal arrests; appearances of Viktor Gonchar, Anatoly suspend the rules and agree to the reso- Whereas hundreds of peaceful demonstra- Krasovsky, and Yuri Zakharenka and calls lution, H. Res. 464. tors and over thirty journalists were ar- on the Lukashenka regime to ensure a full The question was taken; and (two- rested during a March 25, 2000, pro-democ- and timely investigation of these cases; racy rally in Miensk, once again illustrating (4) calls for immediate dialogue between thirds having voted in favor thereof) the Lukashenka regime and the opposition the rules were suspended and the reso- the Lukashenka regime’s disregard for freedom of assembly, association, and informa- and the restoration of a democratically lution was agreed to. tion; elected government in Belarus; A motion to reconsider was laid on Whereas the Lukashenka regime has re- (5) urges the Lukashenka regime to respect the table. fused to engage in meaningful dialogue with and ensure the human rights of all f the opposition and has used the tactics of Belarusian citizens, including those mem- delay and obfuscation in disregarding the Or- bers of the opposition who are currently EXPRESSING CONDEMNATION OF ganization for Security and Cooperation in being illegally detained in violation of their CONTINUED HUMAN RIGHTS VIO- Europe (OSCE)-mediated dialogue process; constitutional rights and further urges the LATIONS IN REPUBLIC OF Whereas genuine dialogue with the opposi- regime to respect the rule of law and an BELARUS AND CALLING ON RUS- tion and legitimate, free and fair elections independent judiciary; SIAN FEDERATION TO RESPECT cannot take place in the present climate of (6) further urges Lukashenka to hold le- SOVEREIGNTY OF BELARUS repression and fear existing in Belarus; gitimate, free and fair parliamentary elec- Whereas on April 3, 1996, Russian Federa- tions in accordance with Organization for Mr. GILMAN. Mr. Speaker, I move to tion President Boris Yeltsin and President Security and Cooperation in Europe (OSCE) suspend the rules and agree to the con- Lukashenka signed an agreement to form a standards; current resolution (H. Con. Res. 304) ex- Union State of Russia and Belarus; (7) supports the appeal by the Consultative pressing the condemnation of the con- Whereas there have been credible press re- Council of Belarusian opposition parties to tinued egregious violations of human ports that the Government of the Russian the Government of the Russian Federation, Federation has been providing assistance to the State Duma, and the Federation Council rights in the Republic of Belarus, the calling for a cessation of support for the lack of progress toward the establish- the Lukashenka regime since the signing of the agreement to form a Union State, such Lukashenka regime; ment of democracy and the rule of law as official Russian Federation Government (8) calls on the international community in Belarus, calling on President credits, uncollected customs duties, assist- to support the opposition in Belarus by con- Alyaksandr Lukashenka’s regime to ance for export sales of Belarusian arms and tinuing to meet with the legitimately elect- engage in negotiations with the rep- joint manufacturing of arms, and reduced ed parliament; resentatives of the opposition and to prices for energy supplies; (9) supports Belarus’s sovereignty, inde- restore the constitutional rights of the Whereas there has been a credible estimate pendence, and territorial integrity, as well as its market democratic transformation and Belarusan people, and calling on the cited in press reports that Russian Federa- tion economic subsidies to Belarus reached integration among the broader trans-Atlan- Russian Federation to respect the sov- $1,500,000,000 to $2,000,000,000 in 1996 and 1997 tic community of nations; ereignty of Belarus. alone, enabling the Lukashenka regime to (10) calls on the President of the United The Clerk read as follows: maintain a large police force and state con- States— H. CON. RES. 304 trol of the economy; (A) to ensure assistance to and cooperation Whereas the United States has a vital in- Whereas the Union Treaty, signed on De- with Belarusian opposition figures; terest in the promotion of democracy abroad cember 8, 1999, by Belarus and the Russian (B) to ensure that adequate resources are and supports democracy and economic devel- Federation, undermines Belarus sovereignty made available on an urgent basis to support opment in the Republic of Belarus; and the prospect of democracy; those programs aimed at strengthening inde- Whereas in the Fall of 1996, Belarusian Whereas the Consultative Council of pendent media, human rights, civil society, President Alyaksandr Lukashenka devised a Belarusian opposition parties appealed to the independent trade unions, and the demo- controversial referendum to impose a new Government of the Russian Federation, the cratic opposition in Belarus; and constitution on Belarus and abolish the Par- State Duma, and the Federation Council (C) to support the free flow of information liament, the 13th Supreme Soviet, replacing calling for a cessation of support for the into Belarus; it with a rubber-stamp legislature; Lukashenka regime; (11) calls on the President of the United Whereas President Lukashenka organized Whereas the former Chairmen of the States to raise the issue of financial support a referendum in violation of the 1994 Belarusian Supreme Soviet, Stanislav provided by the Russian Federation to the Belarusian Constitution, which illegally ex- Shushkevich and Semyon Sharetsky, have Lukashenka regime at the highest levels of tended his term of office to 2001; stated that economic support from the Rus- the Russian Federation Government;

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.046 pfrm01 PsN: H03PT1 H2426 CONGRESSIONAL RECORD — HOUSE May 3, 2000 (12) calls on the President of the United imate one, having been dissolved by time to halt Russian support for the States to urge the Government of the Rus- the President, and no such negotia- Lukashenka dictatorship, and it does sian Federation, in accordance with its tions should be conducted with it or, indeed do a great service to the re- international commitments, to fully respect much less, agreements ratified with it. pressed people of Belarus simply by the sovereignty of Belarus, particularly in Any such reunification of results in stating the obvious, that the govern- light of the illegitimate nature of the Lukashenka regime; and Russia extending its military nuclear ment of Belarus is nothing but a dicta- (13) calls on the President of the United forces to cover Belarus would, I be- torship. States to prepare and transmit to the Con- lieve, be a violation of Belarus status Mr. Speaker, it is time for the Rus- gress a report on— as a nonnuclear state under the Nu- sian government to cease its financial (A) the human rights situation, democratic clear Nonproliferation Treaty. support for the regime in Minsk, to process, elections, independence of the Mr. Speaker, the second important halt its moves to reunify its govern- media, and the Lukashenka regime’s control point raised by this resolution regard- ment and military with Lukashenka’s of the economy in Belarus; ing Russia is the fact that Russia has regime and its Armed Forces, to re- (B) the steps undertaken by the United been providing considerable financial spect the sovereignty of Belarus, and States to persuade the Russian Federation to join us in sincerely working for the Government to end support to the support, billions of dollars worth of Lukashenka regime in Belarus; and such support, to that dictatorship in cause of true democracy in that suf- (C) the status of Russian Federation- Belarus, and at a time when the Rus- fering country. Belarus military integration. sian government is getting hundreds of Mr. Speaker, I fully support the passage of this resolution. The SPEAKER pro tempore. Pursu- millions of dollars in aid from our Na- Mr. Speaker, I reserve the balance of tion to pay its costs for reducing its ant to the rule, the gentleman from my time. New York (Mr. GILMAN) and the gen- arms under the START–I Treaty, at a Mr. GEJDENSON. Mr. Speaker, I tleman from Connecticut (Mr. GEJDEN- time when the Russian government is yield myself such time as I may con- SON) each will control 20 minutes. seeking billions of dollars in debt for- sume. The Chair recognizes the gentleman giveness from foreign governments, in- Mr. Speaker, I join with my chair- from New York (Mr. GILMAN). cluding our own Nation, at a time man, the gentleman from New York (Mr. GILMAN asked and was given when the Russian government has re- (Mr. GILMAN), in support of this resolu- permission to revise and extend his received billions of dollars in loans from tion. It was interesting that in less marks.) international financial institutions, than half an hour on this floor we had GENERAL LEAVE and at a time when our Nation is turnover one-quarter of the Members join Mr. Gilman. Mr. Speaker, I ask unan- ing over to the Russian government us as cosponsors of this legislation. If imous consent that all Members may hundreds of millions of dollars in mon- we had spent any time, we would have have 5 legislative days within which to ies earned from the sale of donated had virtually every Member joining us. revise and extend their remarks on H. American food in Russia, it is nothing This resolution may not even be di- Con. Res 304. less than shocking that the Russian rected at Mr. Lukashenka, because it is The SPEAKER pro tempore. Is there government is spending millions of dol- clear he is not listening. He is not lis- objection to the request of the gen- lars to support a brutal dictatorship in tening to his own citizens who have ex- tleman from New York? Belarus and to fight a war in Chechnya perienced some of the worst economic There was no objection. that has killed thousands of innocent hardship in the former Soviet Union. Mr. GILMAN. Mr. Speaker, I yield civilians. He is not listening to the international myself such time as I may consume. Mr. Speaker, I believe that this reso- community. His country today is Mr. Speaker, this resolution is ex- lution should be a wake-up call to our among the most isolated of the former traordinarily important for the people President that now is the time to take Soviet countries. While many are mov- of Belarus, for their liberty and their action, appropriate action, that Russia ing towards democratic institutions freedom. I want to thank our ranking cease its support for Lukashenka and and a better standard of living for their minority member on the Committee on his dictatorship. This resolution calls citizens, Belarus sadly continues to see International Relations, the gentleman on the President to raise the issue of both its democratic institutions and its from Connecticut (Mr. GEJDENSON), for Russian financial support for the economy deteriorate. introducing this measure which calls it Lukashenka regime and to report to The people of Belarus deserve better. like it really is in Belarus, pointing out the Congress on the steps undertaken They have suffered so much through quite simply that the regime of to persuade it to end that kind of sup- World War II in history, as the armies Belarusan President Alyaksandr port. of Germany and Russia pushed back Lukashenka is unconstitutional and il- Once again, that simply has to come and forth, and you need only go to the legitimate. It points out that the to an end, and our Nation should make capital city of Minsk to see that vir- Lukashenka regime uses the very it clear that we not going to support tually no buildings remain from the worst of Soviet-style tactics to repress further IMF loans, debt forgiveness or pre-war era. political opposition and democratic other forms of assistance of importance b 1130 government and to deny the people of to the Russian government until it So hopefully, those in the govern- Belarus their fundamental human ends this kind of support to Belarus. ment in Belarus who recognize that rights. It points out that the Mr. Speaker, let me state in closing what Mr. Lukashenka is doing to their Lukashenka regime is, in short, noth- that there are some important issues country is wrong, is damaging, will ing less than a dictatorship, pure and that, regrettably, are not raised in this join with the opposition, join to bring simple. measure, including the mysterious in- about change to work out a new demo- Mr. Speaker, I have been pleased to cident in September of 1995 in which a cratic agreement to develop a civil so- join the ranking member as an original Belarusan helicopter gunship shot ciety there. sponsor of this resolution, not just for down an American hot air balloon in- We hope that Mr. Putin and the Rus- those important reasons, but because it volved in an international race, killing sians will put pressure on Belarus to also points to some very troubling two American civilians; Lukashenka’s move forward to try to attain demo- facts with regard to the foreign policy eviction of our American ambassador cratic institutions and a free economy. of Belarus’ neighbor, Russia. from his official residence, in violation It is in Russia’s interests to see that its First, as this measure notes, the Gov- of international diplomatic conven- neighbor be developed in a democratic ernment of Russia has been pursuing a tions; and, finally, reports that the il- way and have a stronger economy. Rus- reunification with Belarus and is ac- legitimate government in Belarus may sian subsidies of the Lukashenka gov- tively pursuing such reunification just be engaged in the proliferation of ad- ernment and cheap energy will only as we speak. Such a reunification is in- vanced military technology to other continue to harm the Russian econ- appropriate and I believe an affront such regimes around the world. omy, whereas a strong, independent, under international law for the fol- This comprehensive resolution does democratic and free Belarus would ac- lowing reasons: The president of the not go into those issues, but, as I have tually help the Russian economy and Belarusan parliament is an illegit- noted, it makes it clear that now is the society.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.005 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2427 Mr. Speaker, we have all seen the Air Force and to provide air defense ple living in the Republic of Belarus and abuse by the government in Minsk, Mr. training for Iraqi troops. The deal is es- among the Belarusan diaspora in the U.S. and Lukashenka’s attack on people who timated to be worth about $90 million. elsewhere. There are centuries-old legal docu- want to protest for freedom. He is rob- It was signed in the middle of April, or ments and religious texts written in the bing the political system of the proper last February, I should say, during a Belarusan language, as well as modern lit- election process, and we now hear that visit to Baghdad by high-ranking erary and historic works. Despite he may be involved in illegal arms Belarusians. Lukashenka's repression, the cause of sales to the government of Saddam It also points out, the article, that Belarusan nationalism still burns in the heart Hussein. Belarusian officials have agreed to un- of the Belarusan people, with the Belarusan Mr. Speaker, every Member of this dertake a detailed overhaul of 17 So- language the means of expressing it. House who treasures democracy, every viet-made Iraqi war planes which had Failure to acknowledge the harm done to one of our allies in the world today rec- been in Belarus since the late 1980s. Belarusan culture and national singularity by ognizes that sadly it is Belarus alone Again, Mr. Speaker, this directly the Russian-Belarus merger can only give that has the worst of the post-Soviet puts our pilots at risk who are trying comfort to Lukashenka and the Russian-Soviet era, a crumbling economy, a lack of de- to enforce the no-fly zone, and I think irredentists. mocracy; and the fact that the dia- this resolution again gets this Congress Mr. Speaker, the negligence and mis- logue continues to deteriorate is a very focused on the egregious human rights management of Mr. Lukashenka's regime has bad sign there. It will not go unnoticed situation and also the military impli- also put at risk the nation's environment and in this Chamber. It is one place where cations of the Belarusian regime. the health of the people. Just last week, our European allies stand with us in Mr. PALLONE. Mr. Speaker, I rise in sup- former Belarusan President Stanislau opposition to the Lukashenka govern- port of this Resolution, of which I am proud to Shushkevich spoke at Radio Free Europe/ ment. We will not end this struggle be an original co-sponsor. I would like to Radio Liberty's (RFE/RL) Washington office on until the good people of Belarus have praise the sponsor, the Gentleman from Con- the occasion of the 14th anniversary of the their chance at freedom and a better necticut, Mr. GEJDENSON, for introducing this Chernobyl nuclear disaster in neighboring life. Resolution, and to thank both the Ranking Ukraine. More than 70 percent of the radio- Mr. Speaker, I yield back the balance Member and the Chairman of the International active fallout from the world's worst nuclear of my time. Relations Committee, Mr. GILMAN, for bringing accident fell on Belarusan territory. While Mr. GILMAN. Mr. Speaker, I yield 2 the Resolution to the Floor of the House so there is plenty of blame to go around for mis- minutes to the gentleman from New quickly. handling of this disasterÐamong Soviet offi- Mr. Speaker, while there have been many Jersey (Mr. SMITH). cials, and post-Soviet officials in Russia, success stories among the new independent Mr. SMITH of New Jersey. I thank Ukraine and BelarusÐPresident Lukashenka states of the former Soviet Union and the the gentleman for yielding. exacerbates the problems by insisting that all other former Warsaw Pact nations, Belarus Mr. Speaker, I want to thank the aid to Chernobyl victims pass through his has not been one of them. Over nearly a dec- gentleman from Connecticut (Mr. hands. These funds often are diverted to other ade of independence, the promise of democ- GEJDENSON) and the gentleman from uses. Fortunately, some Western NGOs and New York (Mr. GILMAN) for their lead- racy, freedom of expression and association, and a new flowering of a national identity have religious organizations have bypassed ership in constructing this resolution Lukashenka to get aid to the people who real- condemning violations of human rights not come to pass for the Belarusan people. The fault for this sad state of affairs rests with ly need it. and the erosion of democracy in Also last week, RFE/RL President Thomas President Alyaksandr Lukashenka. The Presi- Belarus in calling upon the A. Dine denounced efforts by the Belarusan dent has illegally extended his term of office Lukashenka regime to restore the con- KGB to intimidate journalists from that organi- beyond the legally mandated expiration date. stitutional rights of the Belarusian zation working in Belarus. Mr. Dine's state- people and on the Russian Federation Throughout his tenure, President Lukashenka has monopolized the mass media, undermined ment came in response to the threats against to respect the sovereignty of Belarus. Yahor Mayorchyk, a reporter for the news In March, Mr. Speaker, I chaired a the constitutional foundation for the separation of powers, used intimidation and strong-arm service funded by this Congress to provide ob- second Helsinki Commission hearing jective information to people from the region. on Belarus which addressed many of tactics against the political opposition, sup- pressed freedom of the press and expression, A KGB officer told Mr. Mayorchyk that the the issues that are very importantly ``same thing will happen to you as to highlighted in this resolution. The defamed the national culture, maligned the national language and eroded Belarus's rightfull Babitsky,'' a reference to RFE/RL journalist hearing featured key leaders of position as a sovereign nation. Andrei Babitsky who was arrested for his cov- Belarus’s opposition, including Semyon Apart from the daily deprivations and indig- erage of the war in Chechnya and faces Sharetsky and two leading State De- nities that the Belarusan people must endure, trumped-up charges in Moscow. partment officials as well as the person perhaps the saddest outcome of Mr. Mr. Speaker, the abuses of the Lukashenka in the OSCE Parliamentary Assembly, Lukashenka's rule is that his efforts have cre- regime have been a source of concern for at Adrian Severin, who was attempting to ated the impressionÐa false oneÐthat least the past four years. In 1996, I introduced forge dialogue between the Belarusian Belarus really has no distinct national culture a Resolution expressing concern over the authorities and the opposition. This or character. Nothing could be further from the Lukashenka regime's violations of human and hearing was a follow-up to our April truth. But the formation of the Union State be- civil rights in direct violation of the Helsinki ac- 1999 hearing on Belarus. In the last tween Russia and Belarus only serves to fur- cords and the constitution of Belarus, and ex- year our commission has made re- ther perpetuate this false impression. While pressing concern about the union between peated and consistent intercessions, in- the tragic reality is that Belarus has been Russia and Belarus. That Resolution also rec- cluding through the OSCE, to draw at- dominated politically for centuries by Russia, ognized March 25 as the anniversary of the tention to the deplorable situation in the fact remains that Belarus has its own na- declaration of an independent Belarusan state. Belarus and to encourage the establish- tional symbols and a distinct language. A year later, I worked with leaders of the Inter- ment of a democracy there. It's no coincidence that authoritarian Presi- national Relations Committee to include lan- As my friend and colleague from Con- dent Lukashenka has targeted such national guage in the State Department Authorization necticut just pointed out, there are the symbols as the nation's flag and coat of arms. bill, which passed the House, calling for our allegations, and they would seem to be As part of this campaign, Lukashenka's re- President to press the Government of Presi- real, that have been in some of the gime has ordered that schools go back to dent Lukashenka on defending the sovereignty newspapers, including the London Sun- using Soviet-Russian textbooks, while the of Belarus and guaranteeing basic freedoms day Telegraph about the Russians Russian language has been made the official and human rights. brokering an arms deal to rebuild the language of the Belarusan Parliament in For years now, the Belarusan-American Iraqi air defenses using the Belarusians Minsk. Lukashenka's strategy has been to cre- community has been trying to inform the as the conduit. The Telegraph reported ate conditions to justify the claim that history, American people about the truth in Belarus, that Beltechexport, the State-owned language and culture inevitably tie the two that President Lukashenka's actions do not Belarusian military hardware com- countries together. have widespread support and his regime has pany, has agreed to upgrade Iraqi’s air The Belarusan language endures to this day lost any sense of legitimacy it once may have defense systems to reequip the Iraqi as a key to national survival, both for the peo- had. I want to thank the Belarusan-American

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.025 pfrm01 PsN: H03PT1 H2428 CONGRESSIONAL RECORD — HOUSE May 3, 2000 community in New Jersey and throughout the Military Observer Group (ECOMOG) forces (b) EXPANDED INTERNATIONAL MILITARY nation for continuing to speak the truth about have also committed human rights abuses, EDUCATION AND TRAINING ASSISTANCE.—Be- events in the land of their ancestors. including executions of captured combatants ginning 1 year after the conclusion of free and fair elections in Sierra Leone, the Presi- Obviously, President Lukashenka has not and killings of civilians. (7) Neighboring countries, especially Libe- dent may provide expanded international been moved by these expressions of concern ria and Burkina Faso, have contributed military education and training assistance by the United States and the international greatly to the destruction of Sierra Leone by to the military forces and related civilian community. But we must not give up. We aiding and arming the RUF and providing personnel of Sierra Leone under section 541 should go on record condemning the abuses sanctuary for RUF fighters. of the Foreign Assistance Act of 1961 (22 that have taken place, and continue to take (8) International humanitarian efforts to U.S.C. 2347) solely for the purpose of pro- place in Belarus. We must urge our President assist Sierra Leoneans, both at home and in viding training relating to defense manage- Guinea, have fallen far short of need such ment, civil-military relations, law enforce- and State Department to keep the pressure on ment cooperation, and military justice. President LukashenkaÐand also Russian that conditions in refugee camps and among displaced persons camps are deplorable, food (c) ADDITIONAL REQUIREMENTS.—Amounts President Vladimir Putin. and medicine is dangerously inadequate, and appropriated pursuant to the authorization For these and many other reasons, I urge the refugee population on the Sierra of appropriations under subsection (a)— my colleagues to support passage of this Res- Leonean border continues to be preyed upon (1) are in addition to any other amounts olution. by RUF insurgents and subjected to rape, available for the purposes described in such Mr. GILMAN. Mr. Speaker, I have no mutilation, or killing. subsection; and further requests for time, and I yield (9) Demobilization, demilitarization, and (2) are authorized to remain available until reintegration (DDR) efforts, as called for in expended. back the balance of my time. SEC. 5. ACCOUNTABILITY. The SPEAKER pro tempore (Mr. the Lome agreement of July 1999, have begun months late and are still at beginning (a) STATEMENT OF CONGRESSIONAL CONCERN GUTKNECHT). The question is on the stages. ABOUT ACCOUNTABILITY.—It is the sense of motion offered by the gentleman from (10) With the withdrawal of the West Afri- the Congress that a thorough and non- New York (Mr. GILMAN) that the House can peacekeeping forces, the United Nations partisan initiative to collect information on suspend the rules and agree to the con- Security Council has approved the deploy- human rights abuses by all parties to the current resolution, H. Con. Res. 304. ment of 11,000 peacekeeping forces for Sierra conflict in the Republic of Sierra Leone be Leone. undertaken. Comprehensive and detailed in- The question was taken. formation, particularly the identification of Mr. GILMAN. Mr. Speaker, on that I (11) There are approximately 45,000 combatants, including many child soldiers, in Si- specific units, individuals, and commanders demand the yeas and nays. found to have been especially abusive, will The yeas and nays were ordered. erra Leone who must be demobilized, provided with alternate employment, and re- be essential for vetting human rights abusers from the newly formed armed forces and po- The SPEAKER pro tempore. Pursu- integrated into their communities. lice forces of Sierra Leone and for deterring ant to clause 8 of rule XX and the (12) Both the Government of Sierra Leone abuses by all parties in the future. Accord- Chair’s prior announcement, further and the RUF/AFRC formally agreed in the ingly, the Congress calls upon the adminis- proceedings on this motion will be Lome Convention of July 7, 1999, to uphold, tration to strongly support an independent promote, and protect the human rights (in- postponed. process of data collection on human rights cluding the right to life and liberty, freedom f abuses in Sierra Leone, for use by the Truth from torture, the right to a fair trial, free- and Reconciliation Commission when it has SIERRA LEONE PEACE SUPPORT dom of conscience, expression, and associa- been established, and to support any future tion, and the right to take part in the gov- ACT OF 2000 initiatives of international accountability ernance of one’s country) of every Sierra for Sierra Leone. Mr. GILMAN. Mr. Speaker, I move to Leonean as well as the enforcement of hu- suspend the rules and pass the bill (b) ASSISTANCE FOR TRUTH AND RECONCILI- manitarian law. ATION COMMISSION.— (H.R. 3879) to support the Government (b) SENSE OF CONGRESS.—The Congress (1) ASSISTANCE FOR ESTABLISHMENT AND urges the President to vigorously promote of the Republic of Sierra Leone in its SUPPORT OF COMMISSION.—The President is efforts to end further degradation of condi- peace-building efforts, and for other authorized to provide assistance for the es- tions in the Republic of Sierra Leone, to dra- purposes, as amended. tablishment and support of a Truth and Rec- matically increase United States assistance The Clerk read as follows: onciliation Commission to establish ac- to demobilization, demilitarization, and re- countability for human rights abuses in the H.R. 3879 integration (DDR) efforts and humanitarian Republic of Sierra Leone. Be it enacted by the Senate and House of Rep- initiatives, to assist in the collection of doc- (2) ASSISTANCE FOR HUMAN RIGHTS DATA resentatives of the United States of America in umentation about human rights abuses by COLLECTION.—The Secretary of State, acting Congress assembled, all parties, and to engage in diplomatic ini- through the Assistant Secretary of the Bu- SECTION 1. SHORT TITLE. tiatives aimed at consolidating the peace and protecting human rights. reau of Democracy, Human Rights and This Act may be cited as the ‘‘Sierra Leone Labor, is authorized to collect human rights Peace Support Act of 2000’’. SEC. 3. DEMOBILIZATION, DEMILITARIZATION, AND REINTEGRATION ASSISTANCE. data with respect to Sierra Leone and assist SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) IN GENERAL.—There is authorized to be the Truth and Reconciliation Commission in (a) FINDINGS.—The Congress makes the fol- appropriated to the President $13,000,000 for carrying out its functions. lowing findings: fiscal year 2001 for assistance under chapter (3) AUTHORIZATION OF APPROPRIATIONS.— (1) Eight years of civil war and massive 4 of part II of the Foreign Assistance Act of (A) ESTABLISHMENT AND SUPPORT OF COM- human rights violations have created a hu- 1961 (22 U.S.C. 2221 et seq.) to the Sierra MISSION.—There is authorized to be appro- manitarian crisis in the Republic of Sierra Leone DDR Trust Fund of the International priated to the President $1,500,000 for fiscal Leone, leaving over 50,000 dead and 1,000,000 Bank for Reconstruction and Development year 2001 for assistance under chapter 4 of displaced from their homes. for demobilization, demilitarization, and re- part II of the Foreign Assistance Act of 1961 (2) As many as 480,000 Sierra Leoneans integration assistance in Sierra Leone. As- to carry out paragraph (1). have fled into neighboring countries, espe- sistance under the preceding sentence may (B) HUMAN RIGHTS DATA COLLECTION.— cially Guinea. not be used to provide stipends to ex-combat- There is authorized to be appropriated to the (3) All parties to the conflict have com- ants of the civil war in the Republic of Si- Secretary of State $500,000 for fiscal year 2001 mitted abuses, but the Revolutionary United erra Leone. to carry out paragraph (2). Amounts appro- Front (RUF) and its ally, the former Sierra (b) ADDITIONAL REQUIREMENTS.—Amounts priated pursuant to the authorization of ap- Leonean army (AFRC) are responsible for appropriated pursuant to subsection (a)— propriations under the preceding sentence the overwhelming majority. (1) are in addition to any other amounts shall be deposited in the ‘‘Human Rights (4) The RUF and AFRC have systemati- available for the purpose described in such Fund’’ of the Bureau of Democracy, Human cally abducted, raped, mutilated, killed, or subsection; and Rights and Labor of the Department of forced children to fight alongside RUF sol- (2) are authorized to remain available until State. diers. expended. (C) AVAILABILITY.—Amounts appropriated (5) The RUF continues to hold hundreds SEC. 4. DEMOCRATIZATION, ELECTORAL, AND JU- pursuant to the authorization of appropria- and perhaps thousands of prisoners, includ- DICIAL ASSISTANCE. tions under subparagraphs (A) and (B) are ing many child soldiers, despite the agree- (a) JUDICIAL ASSISTANCE.—There is author- authorized to remain available until ex- ment of RUF leadership at Lome to release ized to be appropriated to the President pended. all children. $5,000,000 for fiscal year 2001 for assistance to SEC. 6. NEIGHBORING COUNTRIES OF SIERRA (6) The civil defense forces committed rebuild and strengthen the capacity of the LEONE. human rights violations, including killings judiciary in the Republic of Sierra Leone and (a) REPORTS TO CONGRESS.— and recruitment of child soldiers, and Eco- to assist efforts to establish the rule of law (1) ARMS FLOWS.—Not later than 6 months nomic Community of West African States and maintain law and order in Sierra Leone. after the date of the enactment of this Act,

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.047 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2429 the President shall transmit to the Com- Mr. GILMAN. Mr. Speaker, I rise to The connection between Sierra Leone mittee on International Relations of the support this measure, which was intro- and Connecticut is an old one, starting House of Representatives and the Committee duced by the ranking member of the with the Amistad. The gentleman from on Foreign Relations of the Senate a report which provides information, including meas- Committee on International Relations, New Jersey (Mr. PAYNE) and others urable, credible, and verifiable evidence (to the gentleman from Connecticut (Mr. just joined us in Connecticut to re- the extent practicable), concerning the ex- GEJDENSON), and considered by our member the courage of the cargo of the tent to which neighboring countries of the Committee on International Relations. Amistad, those people who had been Republic of Sierra Leone are involved in I wish I could express strong con- enslaved in their fight for freedom. arms flows into Sierra Leone. fidence that Sierra Leone will enjoy a It is sad to see the continued torture (2) SIERRA LEONEAN MINERALS.—Not later peaceful and democratic future, but at of the citizens of Sierra Leone, and than 6 months after the date of the enact- this point we cannot. I fear that the therefore, the little effort that we are ment of this Act, the President shall transmit to the Committee on International Rela- significant problems and lack of co- putting forth here, the United States tions of the House of Representatives and operation with the U.N. peacekeepers involvement, to try to end the blood- the Committee on Foreign Relations of the in Sierra Leone that they have experi- shed, to try to immobilize and disarm Senate a report which provides information, enced since the outset of their deploy- the armed combatants. We need to including measurable, credible, and ment will continue. We also fear that make sure that the killing stops. Many verifiable evidence (to the extent prac- the Revolutionary United Front, the of these soldiers are really children, ticable), concerning illicit sales of Sierra RUF, which has waged a war of terror and we have to work with those in the Leonean gold and diamonds through neighboring countries of the Republic of Sierra and atrocity against its own citizens, country to provide accountability for Leone. has not changed in its ultimate objec- the victims to work with the Truth and (b) NOTIFICATION BY SECRETARY OF STATE.— tive; that is, the complete dominance Reconciliation Commission, to make If a report transmitted by the President pur- of Sierra Leone. sure the guilty are pursued, that the suant to paragraph (1) or (2) of subsection (a) Nonetheless, I support this measure rights of the victims are not forgotten. contains measurable, credible, or verifiable on the basis that we must make every We must be the leaders here to pro- evidence that a country is involved in arms effort, and even take some chances, flows into Sierra Leone, or that a country is mote peace in Sierra Leone, because as involved in illicit sales of Sierra Leonean where the future of so many innocent almost everywhere, the world looks to gold or diamonds through that country, then and suffering people is concerned. the United States. the Secretary of State— My hope is that these funds can be The international community is (1) shall take all necessary steps to initiate used for a variety of purposes, includ- ready to make a significant effort here, diplomatic efforts to bring about the termi- ing the documentation of continuing but American leadership, as always, is nation of such activities by the country; and abuses and the tracking of arms flows. critical. So I would hope we would have (2) if the country has not ceased the pro- They can also support the effort to broad support for this resolution. I scribed activity within 3 months of the initiation of such diplomatic efforts, shall inform contain an emerging international commend the chairman of the sub- the country of the possibility that United criminal enterprise that operates with committee and the chairman of the full States foreign assistance for the country the consent, support, and even the di- committee for all of their great work may be terminated or suspended if the coun- rection of President Charles Taylor of here. try does not cease the proscribed activity. Liberia. Mr. Speaker, I reserve the balance of (c) ASSISTANCE FOR NEIGHBORING COUN- President Taylor pioneered the tech- my time, to be controlled by the gen- TRIES.—United States assistance may be pro- nique of election by exhaustion in tleman from New Jersey (Mr. PAYNE) vided to the central government of a neighboring country of the Republic of Sierra which a population becomes so fatigued henceforth. Leone only if such government— by war and violence that it is willing Mr. GILMAN. Mr. Speaker, I yield 3 (1)(A) provides demonstrated support for to accept as a leader even the very per- minutes to the gentleman from Cali- the peace process in the Republic of Sierra son who inflicted that violence if he fornia (Mr. ROYCE), the distinguished Leone in accordance with the Lome Conven- promises to ease their suffering. chairman of our Subcommittee on Af- tion of July 7, 1999; and The RUF rebels in Sierra Leone seem rica. (B) does not provide training or other sup- to be operating from Mr. Taylor’s play Mr. ROYCE. Mr. Speaker, I rise in port for the RUF/AFRC forces or any other book. Of course, they have added their support of this legislation. forces proscribed under the Lome Conven- Sierra Leone has experienced one of tion; and own creative touches such as carving (2) cooperates with efforts to monitor arms their initials into the bodies of the the most horrific civil wars in the flows to Sierra Leone. children they kidnapped and chopping world over the past decade. The atroc- (3) UNITED STATES ASSISTANCE.—In this the limbs of toddlers to invoke terror ities there have perhaps been some of subsection, the term ‘‘United States assist- in the population. It is disgraceful that the most shocking that we have seen in ance’’ means assistance of any kind which is our government gave its blessing to the world. Tens of thousands of people provided by grant, sale, loan, lease, credit, this brutal and twisted group’s entries have been victimized. There have been guaranty, or insurance, or by any other into the government of Sierra Leone. I killings, there have been rapes, but means, by any agency or instrumentality of most shockingly, there has been a pol- the United States Government. am saddened that the President’s special representative for democracy in icy of forced amputations carried out The SPEAKER pro tempore. Pursu- Africa presided over the signing of this as a terror tactic by the Revolutionary ant to the rule, the gentleman from Faustian bargain in July last year. United Front. New York (Mr. GILMAN) and the gen- Despite these misgivings, we cannot It is hard to imagine, but this rebel tleman from Connecticut (Mr. GEJDEN- abandon hope for the beleaguered peo- group which has won the world’s dis- SON) each will control 20 minutes. dain, has a policy of cutting off the The Chair recognizes the gentleman ple of Sierra Leone. Accordingly, I sup- hands, the arms of little boys and little from New York (Mr. GILMAN). port the passage of this measure by the House. girls. The streets of the capital, Free- GENERAL LEAVE town, is full of amputees, thousands of Mr. GILMAN. Mr. Speaker, I ask Mr. Speaker, I reserve the balance of amputees, including many children. unanimous consent that all Members my time. This is sheer cowardliness. It deserves may have 5 legislative days within Mr. GEJDENSON. Mr. Speaker, I ask which to revise and extend their re- unanimous consent that, at the conclu- the strongest condemnation that is marks on H.R. 3879. sion of my remarks, the gentleman possible out of this institution, and out The SPEAKER pro tempore. Is there from New Jersey (Mr. PAYNE) control of the world. objection to the request of the gen- the remaining time on this legislation. There should be no question on an- tleman from New York? The SPEAKER pro tempore. Is there other issue: the RUF and its allies have There was no objection. objection to the request of the gen- been guilty of attacking a democrat- Mr. GILMAN. Mr. Speaker, I yield tleman from Connecticut? ically elected government. This group myself such time as I may consume. There was no objection. has been aided and abetted by neigh- (Mr. GILMAN asked and was given Mr. GEJDENSON. Mr. Speaker, I boring Liberia. This bill brings atten- permission to revise and extend his re- yield myself such time as I may con- tion to that aid and has constructive marks.) sume. measures designed to pressure those

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.010 pfrm01 PsN: H03PT1 H2430 CONGRESSIONAL RECORD — HOUSE May 3, 2000 neighbor governments to not wage war do is to help to support the peace- and further atrocities committed by rebel on the people of Sierra Leone. building efforts of Sierra Leone. It forces. There is a peace agreement in place would help with the demobilization and It is my hope that the Sierra Leone Peace in Sierra Leone. It is a precarious demilitarization and reintegration of Act will greatly assist the Lome Peace accords peace. Unfortunately, the RUF appears the military, which is essential in and the continued pursuit of peace, reconcili- to be reverting to form, waging war, order to have people who are carrying ation, and recovery for this country that has disregarding peace. The RUF most re- arms to put them back and get back endured so much. cently has taken U.N. peacekeepers into civilian life. I recently wrote both President Clinton and hostage. Its leaders have made clear in Mr. Speaker, let me also commend Secretary Albright urging the Administration to the most inflammatory statements the Nigerian military, as the gen- set a to be determined date by which the Si- that the U.N. is not welcome. Since the tleman from California (Mr. ROYCE) has erra Leonian rebels should comply with the beginning of the peace process, I have already done, with the forces of peace accords or face being named by the expressed my serious reservations ECOMOG that for many years kept the U.S. as war criminals and that they not be al- about the policy of bringing the RUF peace in Freetown and in Sierra Leone. lowed to travel to the U.S. I submit this cor- into the Sierra Leone Government. Without their efforts, the situation respondence and a copy of my trip report from Well, that has been done. Now I hope would have been much more difficult. my time in Sierra Leone for the RECORD. that the peace can be built anyway. I would certainly agree that the RUF HOUSE OF REPRESENTATIVES, Mr. Speaker, this bill makes a mod- has been extraordinarily brutal. No- Washington, DC, May 1, 2000. est contribution to building peace. We where in the world has there been more Hon. WILLIAM J. CLINTON, should do this. We should help Nigeria horrific behavior on the part of a mili- The President, The White House, and other West Africa states who have tary group, because this group would Washington, DC. made a great sacrifice in lives and take its vengeance out on civilians, DEAR MR. PRESIDENT: I am writing to you about the continuing tragedy in Sierra funds to bring stability to this country and not only civilians, but usually chil- Leone. of Sierra Leone. It is in America’s in- dren and women, amputating hands As you know, although a tenuous peace is terests to see that terror does not win and legs. in place, the former rebels from the Revolu- the day in Sierra Leone. For if it does, And so it was difficult to come to an tionary United Front (RUF) are disarming at more than Sierra Leone will be imper- accord with the RUF in a government a slow to minimal rate. Numerous reports in- iled. All of West Africa will be imper- of reconciliation where President dicate that the RUF has taken weapons from iled, and America would suffer too. Kabbah has allowed Foday Sankoh to U.N. peacekeepers at gun point. Reports also Mr. Speaker, I congratulate the gen- be a part of the new government, bring- indicate that atrocities such as rape, intimi- ing in the rebels with the government dation, and forced conscription are con- tleman from Connecticut for his legis- tinuing by the supposedly disbanded RUF. lation. Many of us on the Committee to try to simply have the people of Si- Present and former RUF units still operate on International Relations have been erra Leone have a quality of life that and control certain sections of the country, concerned about Sierra Leone. We have they deserve. specifically the diamond producing areas. held several hearings, we have passed Sierra Leone is a country that has a I have enclosed a letter which I sent to resolutions, and now we have this leg- tremendous background as relates to Secretary Albright outlining proposed action islation. There is strong committee the United States. As my colleagues that the U.S. should take if the RUF con- may know, the Amistad, as the gen- tinues its atrocities, occupation, and reluc- support for this approach. tance to disarm by a to be determined des- tleman from (Mr. GEJDENSON) talked For the sake of the little boys and ignated date. girls who tragically will live their lives about, Cinque was from Sierra Leone; The entire country of Sierra Leone will with no hands and arms, for the sake of and in the trial they were found not continue to experience suffering and turmoil the future of West Africa, and for guilty and allowed to go back to Sierra unless leadership is exercised by the U.S. America’s interest in a stable and bet- Leone. I had an opportunity to hear You must do something (see my letter to ter world, I ask my colleagues to sup- from his great, great grandchildren Secretary Albright for proposed courses of port this legislation. who came to Connecticut. U.S. action). I urge you to act quickly. Best wishes Mr. PAYNE. Mr. Speaker, I yield my- And so, as a matter of fact, after the Revolutionary War, African American Sincerely, self such time as I may consume. FRANK R. WOLF, Mr. Speaker, let me thank the gen- slaves who fought with the British Member of Congress. tleman from New York (Mr. GILMAN), were given their freedom by Britain the chairman of the full committee, and allowed to go back to Sierra OBSERVATIONS BY U.S. REP. FRANK R. WOLF and our ranking member, the gen- Leone, and people who were picked up OF VIRGINIA, VISIT TO WESTERN AFRICA: SI- tleman from Connecticut (Mr. GEJDEN- on the high seas were also allowed to ERRA LEONE AFTER A DECADE OF CIVIL WAR, NOVEMBER 30–DECEMBER 8, 1999 SON) for moving this legislation for- go to Sierra Leone. So that is a coun- ward. I certainly would like to com- try that has strong ties with African This report provides details of a trip Con- mend my chairman of the Sub- Americans and Africans. gressman Tony Hall of Ohio and I made to Western Africa to see the conditions in Si- committee on Africa, the gentleman We hope that the peace will keep. We are disturbed at the recent behavior of erra Leone and in refugee camps nearby in from California (Mr. ROYCE) for his Guinea. We spent two days in Sierra Leone untiring devotion to the subcommittee a small group of the RUF. The major- and an additional day visiting refugee camps and for moving legislation forward and ity of them have come in; but there is in bordering Guinea. The people desperately the interest that he has taken in the a group, anarchist group that has bro- need an end to years of civil strife, terrorism problems of the continent. ken off from the regular RUF organiza- and brutality. Humanitarian assistance in the form of food, medical and public health b tion that Mr. Foday Sankoh is at- 1145 tempting to bring in. We know that assistance is urgently required. The coun- Let me say that Sierra Leone is a this legislation will go forward to help try’s leaders are struggling with a most frag- country which gained its independence ameliorate the situation, and we are ile peace accord and the community of na- back in 1961, but since that time it has tions must do whatever it can to strengthen hoping to see peace for the people of it. had a difficult time from its first presi- Sierra Leone. Our trip to Western Africa provided the op- dent, Momoh, to the current president, Mr. WOLF. Mr. Speaker, I rise in support of portunity to observe conditions in and Kabbah. It is a country which has had H.R. 3879, the Sierra Leone Peace Act of around Sierra Leone resulting from a dec- a difficulty in the quality of life for its 2000. ade-long civil war. I have been to Africa a rural people in particular. A country Congressman TONY HALL and I were in Si- number of times, but this was my first time which, incidentally, is small enough to erra Leone a few months ago. We witnessed in Western Africa. Congressman Hall had vis- be able to deal with its problems, a the brutal atrocities carried out against the ci- ited Sierra Leone once about 10 years ago. I country very rich in diamonds and vilian population by the rebel forces in Sierra have followed the history of this country for a long while and have been looking for ways other natural resources. Leone. Although both the government of Si- to help the people. And so I strongly support the Sierra erra Leone and the rebel forces signed the Sierra Leone is a part of the immense por- Leone Peace Support Act of 2000, H.R. Lome Peace accord, reports continue to flow tion of Africa that juts westward into the 3879, because what this legislation will out of Sierra Leone about continued unrest Atlantic Ocean just above the equator. It is

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.029 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2431 slightly larger than West Virginia and has a They have been returned or have escaped and monds) being mined in regions held by rebel population of about 4.6 million of which are psychologically devastated. Some have forces. Congressman Hall has introduced leg- about one half million people live in the cap- no parents left alive and have no one to turn islation to certify the country of origin of all ital of Freetown. Though the country is rich to, no family to help them. Many are preg- diamonds. Thus a diamond buyer will know in natural resources, per capita income is nant and have sexually transmitted diseases where diamonds have been mined and a pur- only about $285, which ranks Sierra Leone (STD). These are young girls, many are bare- chaser can avoid buying conflict diamonds. among the very poorest nations in the world. ly 14 years old. The boys taken by the rebels Not only are the profits from these illicit This can be attributed primarily to civil are also young children and have been brain- diamonds used to fund a war of terror strife and rebel terrorism. washed, probably drugged and then recruited against the people of Sierra Leone, but the Sierra Leone gained independence from into the rebel army. people are being deprived of the benefits that Great Britain in 1961 and a continuing strug- Holy Mary Clinic does a wonderful job of these natural resources could offer their so- gle for self governance has followed. The dealing with this trauma and with young in- ciety. Passage of Congressman Hall’s bill elect government was toppled by an army fants and pregnant girls needing pre-natal would be a huge stride in ending this prac- coup in 1992 and a state of civil war has and medical care and counseling. The clinic tice. Also, we have written United Nations largely existed since. Elections were again doctors rely on friends, colleagues and fam- Secretary General Kofi Annan asking the held in 1996 when current President Kabbah ily from Italy for supplies, medicines and U.N. to sanction black-market diamonds emerged as the winner. He has held office equipment. They are doing an outstanding that are not certified by the government of ever since and his government, with military job, but are stretched so thin and could use Sierra Leone. assistance from The Economic Community help. The AIDS virus adds to the despair and Every effort should be made to support the of West African States Military Observer the hopelessness, too. We visited a thera- current disarmament program which is in Group (ECOMOG), has continued to battle peutic feeding center where dozens of starv- place but wobbly. More needs to be done to rebel forces made up of the Revolutionary ing infants hover on the edge of death. These make it desirable for the rebels to turn in United Front (RUF) and the Armed Forces young children are so malnourished they their weapons, come in out of the bush and Revolutionary Counsel (AFRC). In July 1999, have no strength to eat and are being force rejoin society. So far only a few thousand the Lome Peace Accords were finally signed fed in an attempt to sustain life. They are so out of about 45,000 rebels have surrendered and a very fragile peace is beginning to take thin and so fragile that we were afraid that their arms. hold in the region. Presently, it is the best they would break if we just even touched The West should exert every possible lever- hope if not the only hope to end years of bru- them. age on rebel leaders and also Charles Taylor tality, poverty and despair in Sierra Leone. We saw a former railroad repair factory in Liberia, who is aiding the rebels, to end On December 5, we visited two refugee converted to housing for displaced persons the civil war. The fragile peace agreement camps in the Forecariah Provence of Guinea where thousands of homeless refugees are between the government, the RUF, the located about 20 kilometers across the bor- being warehoused. This huge former factory AFRC and their leaders must be sustained, der from Sierra Leone. Each camp held thou- building provides a roof over the refugees’ enforced and nourished. There is an African sands of refuges, some of whom have lived heads and little more. There were few indica- saying we heard, ‘‘When the elephants fight, there for years. Barely adequate food sup- tions of real help being applied to return ref- the grass dies.’’ This is certainly the case plies are dwindling and there was some un- ugees to a self-sufficient life. here. Bad leaders motivated by greed and rest. There is little progress in educating the The Murray Town amputee camp is where power have nearly destroyed a nation and its children or in pursuing efforts to upgrade an victims of rebel brutality go after having people. existence reduced to the most basic of sim- their limbs mindlessly hacked off with ma- Pressure from the United States govern- ply sustaining life. chetes, axes or knives simply to frighten and ment and others including European Union On December 6 and 7, we visited Sierra terrorize. The amputees receive counseling, (EU) nations on the leadership of the RUF/ Leone and its capital of Freetown. We met some medical care and the beginnings of as- AFRC to implement the provisions of the ac- with the President and with leaders of Par- sistance with crutches and prostheses. They cord would be helpful in ensuring success. liament. We met rebel leaders, members of are also fed and have a place to stay. Similar pressure on Liberian President the clergy and Non-Governmental Organiza- One of the first people we saw was a 14- Taylor to ensure that arms and men do not tions (NGO) representatives. And we met year-old girl whose parents had been killed. enter Sierra Leone from Liberia would also with many victims who will carry through- She was pregnant, having been raped by help. out their lives horrible physical and emo- rebel soldiers, and had both hands cut off The U.S. government joined by EU nations tional scars of years of civil war perpetrated above the wrist. We saw tiny children who should send these leaders the message that because of greed and power. had lost limbs. We heard tales of a grotesque unless peace is achieved, they will not be Existence for too many in Sierra Leone is lottery where a person drew a slip from a welcomed in the West. Their families and one of hunger, homelessness, poverty and bag. If the slip contained the word ‘‘hand’’, children will not be welcomed. No visas will pain. And this seems strange. Sierra Leone ‘‘arm’’, ‘‘leg’’, ‘‘ear’’, ‘‘both feet’’, ‘‘head’’ or be issued. Outside their borders, these lead- is, or should be, an agricultural oasis. Its other parts of the body, then the rebels pro- ers will be treated as war criminals and temperate climate, fertile soil and abundant ceeded to carry out the sentence. This there will be no place for them to spend their rain should result in the production of crops sounds unbelievable, but we saw the painful ill-gotten gains. and goods far above what the people could results. Sometimes the rebel butcher offered And the process of reconciliation for the consume. The Atlantic Ocean yields an a choice—long sleeve or short sleeve. That people of Sierra Leone needs to begin. Here, unending harvest of seafood and offers imme- meant: do you want your arm cut off at the as elsewhere around the globe, lasting peace diate access to important trade routes wrist or above the elbow? will depend upon the people being able to around the world. And the country is rich in Yet one of the camp leaders who had lost reconcile their differences. diamonds and minerals for which there is a his right arm this way told us of seeing the Lastly, I would like to acknowledge and huge market and huge demand. Yet, because two rebels who mutilated him when they salute all those in the region who came from of the civil war, people are without even the paid a visit to the amputee center. He said America and elsewhere to lend a hand to the basic necessities of life. that he had forgiven them. He said it was people of Sierra Leone. The ambassadors and We visited a housing reclamation project time to move forward from this chapter of embassy staff personnel, the NGO represent- established by Catholic Relief Services despair. Reconciliation is what he was talk- atives, doctors and medical staff and clergy (CRS). Much of Freetown has been destroyed, ing about. who are there at personal risk and discom- looted and burned by rebel forces and CRS We heard a member of the clergy tell of lis- fort are truly making a difference, and I was has started a program of helping people to tening to a small boy ask of the camp coun- so proud to see the job they are doing. rebuild their lost homes. The Sierra We saw the great service of citizens from selor, ‘‘When will my hands grow back?’’ The Leonians supply the labor, the muscle and Congressman Tony Hall’s district in Dayton, rebels abused children too young to even much of the raw material from other de- Ohio. They have been working for years on have an inkling of what was happening to stroyed structures and CRS offers guidance, schools, housing, training academies for the them. harder-to-get building supplies, food rations blind and other terribly needed programs and a great deal of encouragement. Many COMMENTS AND RECOMMENDATIONS that have been helping the people of Sierra new homes are rising out of the rubble. It is The West, including the United States and Leone. It has been said that it is better to a good program. European Union (EU) nations, should quick- light a candle than to curse the darkness. We visited the Holy Mary Clinic. Two doc- ly provide food and medical supplies to save The people of Dayton have ignited an eternal tors, a husband and wife team, have been op- lives which are in danger. The World Food flame in Freetown. erating a clinic for several years to deal with Programme has asked that more food sup- young children who are the worst victims of plies be directed to Guinea and Sierra Leone HOUSE OF REPRESENTATIVES, the war. About 3,000 girls and boys have been so basic food needs can be met. We were told Washington, DC, March 16, 2000. taken hostage by rebel forces and many con- that the food allotment to the refugees is Hon. MADELEINE KORBEL ALBRIGHT, tinue to be held today. Some 500 young girls down from a caloric intake of 2,100 a day to Secretary of State, have been returned. They have been horribly 1,400 a day. Washington, DC. sexually abused and were used as sex slaves, The civil war is largely being funded by the DEAR MADAM SECRETARY: I write today temporary wives and household workers. sale of unregulated diamonds (conflict dia- about the worsening situation in Sierra

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.052 pfrm01 PsN: H03PT1 H2432 CONGRESSIONAL RECORD — HOUSE May 3, 2000 Leone. Congressman Troy Hall and I visited plying the rebels with military assistance, Whereas President Diouf telephoned Mr. Sierra Leone last December. We were horri- Taylor and others have fueled the atrocities Wade to congratulate him on winning the fied at the atrocities we saw. Throughout the committed by the rebels upon the people of elections; country, rebel groups have tortured, killed, Sierra Leone. The U.S. should enact similar Whereas President-elect Wade campaigned and maimed thousands of people to gain con- measures and conditions against Taylor and on the principles of ‘‘probity, good work, and trol of the country’s diamond industry, fuel- other Liberians as those I proposed for the involvement of the youth’’ in the construc- ing the trade in illicit ‘‘conflict diamonds.’’ rebels in Sierra Leone. tion of Senegal; Across a broad spectrum, the conditions in If the rebels are not disarmed and if Taylor Whereas Mr. Wade received the endorse- Sierra Leone were among the worse I have and other Liberians continue to traffic in ment of five leading opposition candidates ever seen in the many places I’ve visited in conflict diamonds and to provide the rebels after the second round of voting, including the world. with military assistance, Taylor and others Mr. Moustapha Niasse, a former foreign min- At the time of our visit, it was too early to should be named as war criminals and they ister in President Diouf’s party; determine the effectiveness of the Lome should not be allowed to travel outside of Whereas Mr. Niasse said the new government’s first task would be to re-establish the Peace Accord and the rebels’ compliance their country. You should fix a date that you country’s equilibrium and fight corruption; with it. In my trip report, which I have en- think is reasonable and helpful. Whereas the newly elected President Wade Lastly, I ask that the U.S. continue to bol- closed for you, I outlined several rec- first ran for the presidency in 1978 against ster its efforts to bring belief, aid, and ulti- ommendations about the developing situa- ex-President Leopold Senghor and ran in mately reconciliation to the region. U.S. tion in Sierra Leone and the prospective re- four subsequent polls; sponse and involvement of the United States leadership in helping the people of Sierra Whereas this West African country of 10 and Europe in achieving peace and stability Leone recover from the brutality is integral million people has remained relatively stable in the region. In light of the current situa- in creating stability and peace in the region. and prosperous; tion in Sierra Leone, I want to reiterate I do appreciate you taking the time to Whereas Senegalese President Diouf took those recommendations with you. visit Sierra Leone. It was a good thing to do. office 19 years ago and served as prime min- First, the flow of conflict diamonds from I would be happy to discuss with you in ister for 10 years; rebel held areas must stop. Reports indicate more detail my recommendations and obser- Whereas his predecessor and mentor, poet that rebel forces still control most of the di- vations. Thank you for your consideration. and politician Leopold Sedar Senghor, sur- amond producing regions in Sierra Leone, Best wishes. prised the country in 1980 by voluntarily suggesting that the trafficking of these dia- Mr. PAYNE. Mr. Speaker, I yield stepping down and turning over power to monds is going to continue to fuel bloodshed back the balance of my time. President Diouf, as prescribed by Senegal’s upon the people of Sierra Leone. Reports in- Mr. GILMAN. Mr. Speaker, I have no constitution; dicate that an overwhelming majority of further requests for time, and I yield Whereas Senegal has a free press and judi- rebels have not disarmed and that they have ciary; back the balance of my time. Whereas Senegal is a recipient of the Afri- control of most, if not all, of the diamond The SPEAKER pro tempore (Mr. producing region. This condition cannot be can Crisis Responsive Initiative; GUTKNECHT). The question is on the Whereas Mr. Wade’s history symbolizes a tolerated by the U.S., Europe, ECOMOG, and triumph for a country which has long been the United Nations. motion offered by the gentleman from Congressman Hall has introduced legisla- New York (Mr. GILMAN) that the House considered a model of African democracy al- tion, H.R. 3188, to certify the country of ori- suspend the rules and pass the bill, though ruled by one party; and Whereas this election marks a contribu- gin of all diamonds. Thus a diamond buyer H.R. 3879, as amended. tion to a paradigm shift of a new political will know where a diamond has been mined The question was taken; and (two- system on the West African coast: Now, and a purchaser can avoid buying conflict thirds having voted in favor thereof) therefore, be it diamonds. Passage of Congressman Hall’s the rules were suspended and the bill, Resolved, That the House of bill will be a huge stride in ending this prac- as amended, was passed. Representatives— tice. Your support for this important legisla- A motion to reconsider was laid on (1) commends the people of the Republic of tion would be very helpful. the table. Senegal for voting in this historic Presi- My report stated that every effort should dential election; be made to support the disarmament pro- f (2) congratulates President Diouf for step- gram in Sierra Leone. Reports include that ping down before the results were officially not only are the rebels not disarming, but CONGRATULATING THE PEOPLE OF SENEGAL ON SUCCESS OF announced and upholding democracy and they have repeatedly confronted at gunpoint good governance; ECOMOG and U.N. peacekeepers and taken MULTI-PARTY ELECTORAL PROC- (3) encourages the Administration to send their weapons, ammunition, armored per- ESS a Presidential delegation to the West Afri- sonnel carriers, etc. Bold action is needed Mr. GILMAN. Mr. Speaker, I move to can Country of Senegal to welcome Presi- from the Administration on this matter. I suspend the rules and agree to the reso- dent Wade into office; urge you to issue a statement and a fixed lution (H. Res. 449) congratulating the (4) strongly urges the Economic Commu- date, that you think is reasonable and help- nity Of West African States (ECOWAS) to ful, to the rebels making clear when the people of Senegal on the success of the follow Senegal’s lead and make efforts to rebels should be completely disarmed and multi-party electoral process. promote democratic reforms and prevent fu- what action the U.S. will take if they are not The Clerk read as follows: ture conflicts; disarmed. H. RES. 449 (5) calls upon the newly elected President Promised U.S. action if the rebels do not Whereas the Republic of Senegal held free, to involve all Senegalese to accept the elec- comply with the conditions for disarmament fair, and transparent multi-party elections tion results and move the country forward; should be: on March 19, 2000; (6) calls on all factions within the Seces- They and their families will not be allowed Whereas Senegalese President Abdou Diouf sionist Movement of Democratic Forces in entry into the U.S., Britain or any other conceded defeat to longtime rival Abdoulaye the Casamance (MFDC) rebel group in country—no visas should be issued to rebels Wade on Monday, March 20, 2000, after a Casamance to commit to a cessation of hos- or their family members; hotly contested run-off election; tilities and create stability for its people; If the rebels have bank accounts in the Whereas President Diouf’s party, Parti So- (7) strongly urges newly elected President U.S. and in Europe, they should be frozen cialist, has ruled in the West African coun- Wade to continue the peace initiative start- and they should be denied access to these ac- try of Senegal since independence from ed by former President Diouf with the Seces- counts and to future commerce with the France in 1960; sionist Movement of Democratic Forces in U.S., bank accounts of rebel family members Whereas President-elect Abdoulaye Wade the Casamance (MFDC); should be included in this prohibition too; of the Parti Democratique Senegal (PDS) (8) urges President-elect Wade to dialogue The rebel leaders should be declared war was voted into office by a majority of the with the MFDC to settle the Casamance con- criminals by the U.S. and other Western electorate and is Senegal’s third President; flict through political negotiations and urges countries and direct its intelligence and po- Whereas the citizens of Dakar, Senegal, prompt initiation of peace talks; and lice agencies to actively pursue appre- joyously welcomed the results of Senegal’s (9) recognizes Senegal as one of the first hending rebels who have not disarmed. free and fair elections; African states to adopt a multi-party system These same conditions should also be ap- Whereas on February 27, 2000, during the in the early 1980’s and a nation that has been plied to Liberian Charles Taylor and all Li- first round of voting, President Diouf a longtime beacon of democracy on a con- berians who have assisted the rebels in Si- amassed 41.3 percent of the vote to Wade’s 31 tinent of one-party states and military dic- erra Leone. It has come to my attention that percent; tatorships. Taylor escaped from a Massachusetts prison Whereas President-elect Wade won 22 of The SPEAKER pro tempore. Pursu- and fled to Liberia. Taylor and many Libe- the country’s 31 districts and received 60 per- rians have blood on their hands from their cent of the total 1,616,307 votes cast; ant to the rule, the gentleman from support of these rebels. By being the primary Whereas President-elect Wade’s victory New York (Mr. GILMAN) and the gen- conduit for trading the conflict diamonds ends 40 years of uninterrupted rule by Mr. tleman from New Jersey (Mr. PAYNE) mined by the rebels, and by reportedly sup- Diouf’s Socialist Party; each will control 20 minutes.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.055 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2433 The Chair recognizes the gentleman democratic process, which sends a sig- H.R. 1509, by the yeas and nays; from New York (Mr. GILMAN). nal to the people of Sierra Leone to re- H. Con. Res. 310, by the yeas and GENERAL LEAVE spect the democratic process as well as nays. Mr. GILMAN. Mr. Speaker, I ask to embrace change. They can have The Chair will reduce to 5 minutes unanimous consent that all Members change without having disruption and the time for any electronic vote after may have 5 legislative days within military action. the first such vote in this series. which to revise and extend their re- President-elect Wade has made a f marks on this measure. noble gesture to bridge the divide be- The SPEAKER pro tempore. Is there tween his party and the other multi- RELATING TO CONTINUING HUMAN objection to the request of the gen- parties by endorsing five leading oppo- RIGHTS VIOLATIONS AND POLIT- tleman from New York? sition candidates after the second ICAL OPPRESSION IN SOCIALIST There was no objection. round of voting, including Mr. Niasse, REPUBLIC OF VIETNAM Mr. GILMAN. Mr. Speaker, I yield who is the former foreign minister of The SPEAKER pro tempore. The myself such time as I may consume. President Diouf’s party. This is merely pending business is the question of sus- Mr. Speaker, I support this resolu- another example of Senegal’s respect- pending the rules and agreeing to the tion introduced by our friend and col- able democratic system, adding to the concurrent resolution, H. Con. Res. 295, league, the gentleman from New Jer- willing resignation of former President as amended. sey, (Mr. PAYNE). In a region afflicted Leopold Senghor in 1980 when power The Clerk read the title of the con- by military coups, authoritarian lead- was turned over to President Diouf, ad- current resolution. ers and one-party states, Senegal has hering to the Senegal constitution. The SPEAKER pro tempore. The been be a model of a stable and plu- Senegal should be internationally question is on the motion offered by ralist society. recognized for their action and should the gentleman from New York (Mr. As a matter of fact, later today I will be treated with equal respect given to GILMAN) that the House suspend the introduce a resolution on Zimbabwe, all functioning governments world- rules and agree to the concurrent reso- along with the gentleman from New wide. lution, H. Con. Res. 295, as amended, on Jersey, a country whose leadership On our trip to Africa with the Presi- which the yeas and nays are ordered. could learn much from Senegal’s exam- dent when he made a historic six-coun- The vote was taken by electronic de- ple. try, 12-day trip, the final country that vice, and there were—yeas 415, nays 3, The people of Senegal voted for a we visited was Senegal, visiting Goree not voting 16, as follows: change in leadership and the president Island, the place where slaves came. It [Roll No. 133] stepped down. It sounds simple, and it is estimated close to 6 million may YEAS—415 is something that we in our 224-year- have perished, it is estimated, over the old republic have come to take for 600, 700 years that slavery was legal. Abercrombie Cannon Etheridge Ackerman Capps Evans granted, but it is anything but the And so Senegal has a tremendous place Aderholt Capuano Everett norm in many other parts of the world, in the heart of African Americans and Allen Cardin Ewing and in this region in particular. Africans in general, and Americans in Andrews Carson Farr Accordingly, I urge passage of House Archer Castle Fattah general. Armey Chabot Filner Resolution 449. Mr. Speaker, once again, we are very Baca Chambliss Fletcher Mr. Speaker, I reserve the balance of pleased that this transition of govern- Bachus Clay Foley my time. ment was done in a most noble way. Baird Clayton Forbes Mr. PAYNE. Mr. Speaker, I yield my- Baker Clement Ford With that, I urge my colleagues to sup- Baldacci Clyburn Fossella self such time as I may consume. port the resolution. Baldwin Coble Fowler Mr. Speaker, I rise in strong support Mr. Speaker, I yield back the balance Ballenger Collins Frank (MA) of H. Res. 449. Let me thank the gen- Barcia Combest Franks (NJ) of my time. Barr Condit Frelinghuysen tleman from New York (Mr. GILMAN), Mr. GILMAN. Mr. Speaker, I do not Barrett (NE) Conyers Frost the gentleman from Connecticut (Mr. have further requests for time, and I Barrett (WI) Cooksey Gallegly GEJDENSON), and the gentleman from yield back the balance of my time. Bartlett Costello Ganske California (Mr. ROYCE) for helping to Barton Cox Gejdenson The SPEAKER pro tempore. The Bass Coyne Gekas bring this bill to the floor. question is on the motion offered by Bateman Cramer Gephardt As it has been noted, Senegal held the gentleman from New York (Mr. Becerra Crane Gibbons Bentsen Crowley Gilchrest free and fair elections on May 19, and it GILMAN) that the House suspend the Bereuter Cubin Gilman was recognized as an election that all rules and agree to the resolution, H. Berkley Cummings Gonzalez democratic governments should follow Res. 449. Berman Cunningham Goode when there is a possible shift in re- The question was taken; and (two- Berry Danner Goodlatte gimes. Biggert Davis (FL) Goodling thirds having voted in favor thereof) Bilbray Davis (IL) Gordon Senegal held these fair and free elec- the rules were suspended and the reso- Bilirakis Davis (VA) Goss tions. The recent multi-party elections lution was agreed to. Bishop Deal Graham were peaceful; however, there was an A motion to reconsider was laid on Blagojevich DeFazio Granger attempt in the southern part to disrupt Bliley DeGette Green (TX) the table. Blumenauer Delahunt Green (WI) the voting in that region. But the peo- f Blunt DeLauro Greenwood ple decided that they wanted to have Boehlert DeLay Gutknecht fair and free elections and persisted. ANNOUNCEMENT BY THE SPEAKER Boehner DeMint Hall (OH) PRO TEMPORE Bonilla Deutsch Hall (TX) I would like to extend my best wishes Bonior Diaz-Balart Hansen to President-elect Wade. I had the The SPEAKER pro tempore. Pursu- Bono Dickey Hastings (FL) privilege of meeting in my New Jersey ant to clause 8 of rule XX, the Chair Borski Dicks Hastings (WA) office with then-candidate Wade who Boswell Dingell Hayes will now put the question on each mo- Boucher Dixon Hayworth indicated that he felt that he had a tion to suspend the rules on which fur- Boyd Doggett Hefley very good chance to win the election. ther proceedings were postponed ear- Brady (PA) Dooley Herger He just wanted to alert me and our lier today, and on yesterday, in the Brady (TX) Doolittle Hill (MT) Brown (FL) Doyle Hilleary committee and our government that he order in which that motion was enter- Brown (OH) Dreier Hilliard was going to insist that the election be tained. Bryant Duncan Hinchey fair and free. We were very pleased that Votes will be taken in the following Burr Dunn Hinojosa it did happen to be that way. order: Burton Edwards Hobson Buyer Ehlers Hoeffel We would like to recognize the H. Con. Res. 295, by the yeas and Callahan Ehrlich Hoekstra composure of President Diouf in his nays; Calvert Emerson Holden honorable defeat as an example of the H. Con. Res. 304, by the yeas and Camp Engel Holt Campbell English Hooley true spirit of democracy. It is apparent nays; Canady Eshoo Horn that President Diouf respects the S. 1744, by the yeas and nays;

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.032 pfrm01 PsN: H03PT1 H2434 CONGRESSIONAL RECORD — HOUSE May 3, 2000 Hostettler Metcalf Schakowsky The result of the vote was announced Everett LaTourette Rogan Houghton Mica Scott Ewing Lazio Rogers Hoyer Millender- Sensenbrenner as above recorded. Farr Leach Rohrabacher Hulshof McDonald Serrano A motion to reconsider was laid on Fattah Lee Ros-Lehtinen Hunter Miller (FL) Sessions the table. Filner Levin Rothman Hutchinson Miller, Gary Shadegg Fletcher Lewis (CA) Roukema Hyde Miller, George Shaw f Foley Lewis (GA) Roybal-Allard Inslee Minge Shays Forbes Lewis (KY) Royce Isakson Mink Sherman ANNOUNCEMENT BY THE SPEAKER Ford Linder Rush Istook Moakley Sherwood PRO TEMPORE Fossella Lipinski Ryan (WI) Jackson (IL) Mollohan Shimkus Fowler LoBiondo Ryun (KS) Jackson-Lee Moran (KS) Shows The SPEAKER pro tempore (Mr. Frank (MA) Lofgren Sabo (TX) Moran (VA) Shuster QUINN). Pursuant to the provisions of Franks (NJ) Lowey Salmon Jefferson Morella Simpson clause 8 of rule XX, the Chair an- Frost Lucas (KY) Sanchez Jenkins Murtha Sisisky nounces that he will reduce to a min- Gallegly Luther Sandlin John Nadler Skeen Ganske Maloney (CT) Sanford Johnson (CT) Napolitano Skelton imum of 5 minutes the period of time Gejdenson Maloney (NY) Sawyer Johnson, E. B. Neal Slaughter within which a vote by electronic de- Gekas Manzullo Saxton Johnson, Sam Nethercutt Smith (MI) vice may be taken on each additional Gephardt Markey Scarborough Jones (NC) Ney Smith (NJ) Gibbons Martinez Schaffer Jones (OH) Northup Smith (TX) motion to suspend the rules on which Gilchrest Mascara Schakowsky Kanjorski Norwood Smith (WA) the Chair has postponed further pro- Gillmor Matsui Scott Kaptur Nussle Snyder ceedings. Gilman McCarthy (MO) Sensenbrenner Kasich Oberstar Spence Gonzalez McCarthy (NY) Serrano Kelly Obey Spratt f Goode McCollum Sessions Kildee Olver Stabenow Goodlatte McCrery Shadegg Kilpatrick Ortiz Stark EXPRESSING CONDEMNATION OF Goodling McDermott Shaw Kind (WI) Ose Stearns CONTINUED HUMAN RIGHTS VIO- Gordon McGovern Shays King (NY) Owens Stenholm LATIONS IN REPUBLIC OF Goss McHugh Sherman Kingston Packard Strickland Graham McInnis Sherwood Kleczka Pallone Stump BELARUS AND CALLING ON RUS- Granger McIntyre Shimkus Klink Pascrell Stupak SIAN FEDERATION TO RESPECT Green (TX) McKeon Shows Knollenberg Pastor Sununu Green (WI) McKinney Shuster Kolbe Payne Sweeney SOVEREIGNTY OF BELARUS Greenwood McNulty Simpson Kucinich Pease Talent The SPEAKER pro tempore. The Gutknecht Meehan Sisisky Kuykendall Pelosi Tancredo Hall (OH) Meek (FL) Skeen LaFalce Peterson (MN) Tanner pending business is the question of sus- Hall (TX) Meeks (NY) Skelton LaHood Peterson (PA) Tauscher pending the rules and agreeing to the Hansen Menendez Slaughter Lampson Petri Tauzin concurrent resolution, H. Con. Res. 304. Hastings (FL) Metcalf Smith (MI) Lantos Phelps Taylor (MS) The Clerk read the title of the con- Hastings (WA) Mica Smith (NJ) Largent Pickering Taylor (NC) Hayes Millender- Smith (TX) Larson Pickett Terry current resolution. McDonald Latham Pitts Thomas The SPEAKER pro tempore. The Hayworth Smith (WA) Hefley Miller (FL) Snyder LaTourette Pombo Thompson (CA) question is on the motion offered by Lazio Pomeroy Thompson (MS) Herger Miller, Gary Spratt Leach Porter Thornberry the gentleman from New York (Mr. Hill (IN) Miller, George Stabenow Lee Portman Thune GILMAN) that the House suspend the Hill (MT) Minge Stark Levin Price (NC) Thurman rules and agree to the concurrent reso- Hilleary Mink Stearns Hilliard Moakley Stenholm Lewis (CA) Pryce (OH) Tiahrt lution, House Concurrent Resolution Lewis (GA) Quinn Tierney Hinchey Mollohan Strickland Lewis (KY) Radanovich Toomey 304, on which the yeas and nays are or- Hinojosa Moran (KS) Stump Linder Rahall Towns dered. Hobson Moran (VA) Stupak Lipinski Ramstad Traficant This will be a 5-minute vote. Hoeffel Morella Sununu LoBiondo Rangel Turner Hoekstra Murtha Sweeney Lofgren Regula Udall (CO) The vote was taken by electronic de- Holden Nadler Talent Lowey Reyes Udall (NM) vice, and there were—yeas 409, nays 2, Holt Neal Tancredo Lucas (KY) Reynolds Upton answered ‘‘present’’ 2, not voting 21, as Hooley Nethercutt Tanner Horn Ney Tauscher Luther Riley Vento follows: Maloney (CT) Rivers Visclosky Hostettler Northup Tauzin Maloney (NY) Rodriguez Vitter [Roll No. 134] Houghton Norwood Taylor (MS) Hoyer Nussle Taylor (NC) Manzullo Roemer Walden YEAS—409 Markey Rogan Walsh Hulshof Oberstar Terry Martinez Rogers Wamp Abercrombie Bonior Crane Hunter Obey Thomas Mascara Rohrabacher Waters Ackerman Bono Crowley Hyde Olver Thompson (CA) Matsui Ros-Lehtinen Watkins Aderholt Borski Cubin Inslee Ortiz Thompson (MS) McCarthy (MO) Rothman Watt (NC) Allen Boswell Cummings Isakson Ose Thornberry McCarthy (NY) Roukema Watts (OK) Andrews Boucher Cunningham Istook Owens Thune McCollum Roybal-Allard Waxman Archer Boyd Danner Jackson (IL) Oxley Thurman McCrery Royce Weiner Armey Brady (PA) Davis (FL) Jackson-Lee Packard Tiahrt McDermott Rush Weldon (FL) Baca Brady (TX) Davis (IL) (TX) Pallone Tierney McGovern Ryan (WI) Weldon (PA) Bachus Brown (FL) Davis (VA) Jefferson Pascrell Toomey McHugh Ryun (KS) Weller Baird Brown (OH) Deal Jenkins Pastor Towns McInnis Sabo Wexler Baker Bryant DeFazio John Payne Traficant McIntyre Salmon Weygand Baldacci Burton DeGette Johnson (CT) Pease Turner McKeon Sanchez Whitfield Baldwin Buyer Delahunt Johnson, E. B. Pelosi Udall (CO) McKinney Sandlin Wicker Ballenger Callahan DeLauro Johnson, Sam Peterson (MN) Udall (NM) McNulty Sanford Wilson Barcia Calvert DeLay Jones (NC) Peterson (PA) Upton Meehan Sawyer Wolf Barrett (NE) Camp DeMint Jones (OH) Petri Vento Meek (FL) Saxton Wu Barrett (WI) Campbell Deutsch Kanjorski Phelps Visclosky Meeks (NY) Scarborough Wynn Bartlett Canady Diaz-Balart Kaptur Pickering Vitter Menendez Schaffer Young (FL) Barton Cannon Dickey Kasich Pickett Walden Bass Capps Dicks Kelly Pitts Walsh NAYS—3 Bateman Capuano Dingell Kildee Pombo Wamp Chenoweth-Hage Gillmor Paul Becerra Cardin Dixon Kilpatrick Pomeroy Waters Bentsen Carson Doggett Kind (WI) Porter Watkins NOT VOTING—16 Bereuter Castle Dooley King (NY) Portman Watt (NC) Berkley Chabot Doolittle Kingston Price (NC) Watts (OK) Coburn McIntosh Velazquez Berman Chambliss Doyle Kleczka Pryce (OH) Waxman Cook Moore Wise Berry Clay Dreier Klink Quinn Weiner Gutierrez Myrick Woolsey Biggert Clayton Duncan Knollenberg Radanovich Weldon (FL) Hill (IN) Oxley Young (AK) Bilbray Clement Dunn Kolbe Rahall Weldon (PA) Kennedy Sanders Bilirakis Clyburn Edwards Kucinich Ramstad Weller Lucas (OK) Souder Bishop Coble Ehlers Kuykendall Rangel Wexler b 1217 Blagojevich Combest Ehrlich LaFalce Regula Weygand Bliley Condit Emerson LaHood Reyes Whitfield So (two-thirds having voted in favor Blumenauer Conyers Engel Lampson Reynolds Wilson thereof) the rules were suspended and Blunt Costello English Lantos Riley Wolf Boehlert Cox Eshoo Largent Rivers Wu the concurrent resolution, as amended, Boehner Coyne Etheridge Larson Rodriguez Wynn was agreed to. Bonilla Cramer Evans Latham Roemer Young (FL)

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.012 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2435 NAYS—2 Duncan Knollenberg Pryce (OH) Watt (NC) Weller Wolf Dunn Kolbe Quinn Watts (OK) Wexler Woolsey Chenoweth-Hage Paul Edwards Kucinich Radanovich Waxman Weygand Wu ANSWERED ‘‘PRESENT’’—2 Ehlers Kuykendall Rahall Weiner Whitfield Wynn Ehrlich LaFalce Ramstad Weldon (FL) Wicker Young (FL) Barr Wicker Emerson LaHood Rangel Weldon (PA) Wilson NOT VOTING—21 Engel Lampson Regula English Lantos Reyes NOT VOTING—14 Burr Hutchinson Sanders Eshoo Largent Reynolds Coburn Kennedy Souder Coburn Kennedy Souder Etheridge Larson Riley Cook Lucas (OK) Velazquez Collins Lucas (OK) Spence Evans Latham Rivers Gutierrez McIntosh Wise Cook McIntosh Velazquez Everett LaTourette Rodriguez Hilliard Moore Young (AK) Cooksey Moore Wise Ewing Lazio Roemer Hutchinson Myrick Frelinghuysen Myrick Woolsey Farr Leach Rogan Gutierrez Napolitano Young (AK) Fattah Lee Rogers b 1235 Filner Levin Rohrabacher b 1226 Fletcher Lewis (CA) Ros-Lehtinen So (two-thirds having voted in favor So (two-thirds having voted in favor Foley Lewis (GA) Rothman thereof) the rules were suspended and Forbes Lewis (KY) Roukema thereof) the rules were suspended and the Senate bill was passed. Ford Linder Roybal-Allard The result of the vote was announced the concurrent resolution was agreed Fossella Lipinski Royce to. Fowler LoBiondo Rush as above recorded. The result of the vote was announced Frank (MA) Lofgren Ryan (WI) A motion to reconsider was laid on Franks (NJ) Lowey Ryun (KS) the table. as above recorded. Frelinghuysen Lucas (KY) Sabo A motion to reconsider was laid on Frost Luther Salmon f Gallegly Maloney (CT) Sanchez the table. MEMORIAL TO HONOR DISABLED Stated for: Ganske Maloney (NY) Sanders Gejdenson Manzullo Sandlin VETERANS OF THE UNITED Mrs. NAPOLITANO. Mr. Speaker, on rollcall Gekas Markey Sanford STATES ARMED FORCES No. 134, I was unavoidably detained in a Gephardt Martinez Sawyer meeting with constituent Board of Supervisors. Gibbons Mascara Saxton The SPEAKER pro tempore (Mr. Gilchrest Matsui Scarborough Had I been present, I would have voted ``yea.'' QUINN). The unfinished business is the Gillmor McCarthy (MO) Schaffer question of suspending the rules and f Gilman McCarthy (NY) Schakowsky Gonzalez McCollum Scott passing the bill, H.R. 1509. ENDANGERED SPECIES ACT Goode McCrery Sensenbrenner The Clerk read the title of the bill. Goodlatte McDermott Serrano The SPEAKER pro tempore. The REPORT RESTORATION ACT Goodling McGovern Sessions Gordon McHugh Shadegg question is on the motion offered by The SPEAKER pro tempore. The un- Goss McInnis Shaw the gentleman from Utah (Mr. HANSEN) finished business is the question of sus- Graham McIntyre Shays that the House suspend the rules and pending the rules and passing the Sen- Granger McKeon Sherman pass the bill, H.R. 1509, on which the ate bill, S. 1744. Green (TX) McKinney Sherwood Green (WI) McNulty Shimkus yeas and nays are ordered. The Clerk read the title of the Senate Greenwood Meehan Shows This will be a 5-minute vote. bill. Gutknecht Meek (FL) Shuster The vote was taken by electronic de- The SPEAKER pro tempore. The Hall (OH) Meeks (NY) Simpson vice, and there were—yeas 421, nays 0, question is on the motion offered by Hall (TX) Menendez Sisisky Hansen Metcalf Skeen not voting 13, as follows: the gentleman from Utah (Mr. HANSEN) Hastings (FL) Mica Skelton [Roll No. 136] that the House suspend the rules and Hastings (WA) Millender- Slaughter pass the Senate bill, S. 1744, on which Hayes McDonald Smith (MI) YEAS—421 the yeas and nays are ordered. Hayworth Miller (FL) Smith (NJ) Abercrombie Brady (PA) DeGette Hefley Miller, Gary Smith (TX) Ackerman Brady (TX) Delahunt This is a 5-minute vote. Herger Miller, George Smith (WA) Aderholt Brown (FL) DeLauro The vote was taken by electronic de- Hill (IN) Minge Snyder Allen Brown (OH) DeLay vice, and there were—yeas 420, nays 0, Hill (MT) Mink Spence Andrews Bryant DeMint Hilleary Moakley Spratt Archer Burr Deutsch not voting 14, as follows: Hinchey Mollohan Stabenow Armey Burton Diaz-Balart [Roll No. 135] Hinojosa Moran (KS) Stark Baca Buyer Dickey Hobson Moran (VA) Stearns YEAS—420 Bachus Callahan Dicks Hoeffel Morella Stenholm Baird Calvert Dingell Abercrombie Boehlert Collins Hoekstra Murtha Strickland Baker Camp Dixon Ackerman Boehner Combest Holden Nadler Stump Baldacci Campbell Doggett Aderholt Bonilla Condit Holt Napolitano Stupak Baldwin Canady Dooley Allen Bonior Conyers Hooley Neal Sununu Ballenger Cannon Doolittle Andrews Bono Cooksey Horn Nethercutt Sweeney Barcia Capps Doyle Archer Borski Costello Hostettler Ney Talent Barr Capuano Dreier Armey Boswell Cox Houghton Northup Tancredo Barrett (NE) Cardin Duncan Baca Boucher Coyne Hoyer Norwood Tanner Barrett (WI) Carson Dunn Bachus Boyd Cramer Hulshof Nussle Tauscher Bartlett Castle Edwards Baird Brady (PA) Crane Hunter Oberstar Tauzin Barton Chabot Ehlers Baker Brady (TX) Crowley Hyde Obey Taylor (MS) Bass Chambliss Ehrlich Baldacci Brown (FL) Cubin Inslee Olver Taylor (NC) Bateman Chenoweth-Hage Emerson Baldwin Brown (OH) Cummings Isakson Ortiz Terry Becerra Clay Engel Ballenger Bryant Cunningham Istook Ose Thomas Bentsen Clayton English Barcia Burr Danner Jackson (IL) Owens Thompson (CA) Bereuter Clement Eshoo Barr Burton Davis (FL) Jackson-Lee Oxley Thompson (MS) Berkley Clyburn Etheridge Barrett (NE) Buyer Davis (IL) (TX) Packard Thornberry Berman Coble Evans Barrett (WI) Callahan Davis (VA) Jefferson Pallone Thune Berry Collins Everett Bartlett Calvert Deal Jenkins Pascrell Thurman Biggert Combest Ewing Barton Camp DeFazio John Pastor Tiahrt Bilbray Condit Farr Bass Campbell DeGette Johnson (CT) Paul Tierney Bilirakis Conyers Fattah Bateman Canady Delahunt Johnson, E.B. Payne Toomey Bishop Costello Filner Becerra Cannon DeLauro Johnson, Sam Pease Towns Blagojevich Coyne Fletcher Bentsen Capps DeLay Jones (NC) Pelosi Traficant Bliley Cramer Foley Bereuter Capuano DeMint Jones (OH) Peterson (MN) Turner Blumenauer Crane Forbes Berkley Cardin Deutsch Kanjorski Peterson (PA) Udall (CO) Blunt Crowley Ford Berman Carson Diaz-Balart Kaptur Petri Udall (NM) Boehlert Cubin Fossella Berry Castle Dickey Kasich Phelps Upton Boehner Cummings Fowler Biggert Chabot Dicks Kelly Pickering Vento Bonilla Cunningham Frank (MA) Bilbray Chambliss Dingell Kildee Pickett Visclosky Bonior Danner Franks (NJ) Bilirakis Chenoweth-Hage Dixon Kilpatrick Pitts Vitter Bono Davis (FL) Frelinghuysen Bishop Clay Doggett Kind (WI) Pombo Walden Borski Davis (IL) Frost Blagojevich Clayton Dooley King (NY) Pomeroy Walsh Boswell Davis (VA) Gallegly Bliley Clement Doolittle Kingston Porter Wamp Boucher Deal Ganske Blumenauer Clyburn Doyle Kleczka Portman Waters Boyd DeFazio Gejdenson Blunt Coble Dreier Klink Price (NC) Watkins

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.016 pfrm01 PsN: H03PT1 H2436 CONGRESSIONAL RECORD — HOUSE May 3, 2000 Gekas Lucas (KY) Royce NOT VOTING—13 Eshoo Latham Rogan Gephardt Luther Rush Etheridge LaTourette Rogers Coburn Kennedy Velazquez Gibbons Maloney (CT) Ryan (WI) Everett Lazio Rohrabacher Cook Lucas (OK) Wise Gilchrest Maloney (NY) Ryun (KS) Ewing Leach Ros-Lehtinen Cooksey McIntosh Young (AK) Sabo Farr Levin Rothman Gillmor Manzullo Cox Myrick Salmon Gilman Markey Gutierrez Souder Fattah Lewis (CA) Roukema Gonzalez Martinez Sanchez Fletcher Lewis (GA) Roybal-Allard Sanders Goode Mascara b 1243 Foley Lewis (KY) Royce Goodlatte Matsui Sandlin Forbes Linder Rush Goodling McCarthy (MO) Sanford So (two-thirds having voted in favor Ford Lipinski Ryan (WI) Gordon McCarthy (NY) Sawyer Fossella LoBiondo Ryun (KS) Saxton thereof) the rules were suspended and Goss McCollum Fowler Lofgren Sabo Scarborough the bill was passed. Graham McCrery Frank (MA) Lowey Salmon Schaffer Granger McDermott The result of the vote was announced Franks (NJ) Lucas (KY) Sanchez Schakowsky Green (TX) McGovern as above recorded. Frelinghuysen Luther Sanders Scott Frost Maloney (CT) Sandlin Green (WI) McHugh Sensenbrenner A motion to reconsider was laid on Gallegly Maloney (NY) Sanford Greenwood McInnis Serrano the table. Ganske Manzullo Sawyer Gutknecht McIntyre Sessions Gejdenson Markey Saxton Hall (OH) McKeon Shadegg f Gekas Martinez Scarborough Hall (TX) McKinney Shaw Gephardt Mascara Schaffer Hansen McNulty Shays PERSONAL EXPLANATION Hastings (FL) Meehan Sherman Gibbons Matsui Schakowsky Hastings (WA) Meek (FL) Sherwood Mr. KENNEDY of Rhode Island. Mr. Speak- Gilchrest McCarthy (MO) Sensenbrenner Hayes Meeks (NY) Shimkus er, on May 3, 2000, I was unavoidably de- Gillmor McCarthy (NY) Sessions Gilman McCollum Shadegg Hayworth Menendez Shows tained and consequently missed four votes. Hefley Metcalf Shuster Gonzalez McCrery Shaw Herger Mica Simpson Had I been here I would have voted: ``Yes'' on Goode McGovern Shays Hill (IN) Millender- Sisisky the passage of H. Con. Res. 295; ``yes'' on Goodlatte McHugh Sherman Hill (MT) McDonald Skeen the passage of H. Con. Res. 304; ``yes'' on Goodling McInnis Sherwood Gordon McIntyre Shimkus Hilleary Miller (FL) Skelton the passage of S. 1744; ``yes'' on the passage Hilliard Miller, Gary Slaughter Goss McKeon Shows Graham McKinney Shuster Hinchey Miller, George Smith (MI) of H.R. 1509. Granger McNulty Simpson Hinojosa Minge Smith (NJ) f Green (TX) Meehan Sisisky Hobson Mink Smith (TX) Smith (WA) Green (WI) Meek (FL) Skeen Hoeffel Moakley Snyder SUPPORTING A NATIONAL Greenwood Meeks (NY) Skelton Hoekstra Mollohan Spence Gutknecht Menendez Smith (MI) Holden Moore CHARTERS SCHOOLS WEEK Spratt Hall (OH) Metcalf Smith (NJ) Holt Moran (KS) Stabenow The SPEAKER pro tempore. The un- Hall (TX) Mica Smith (TX) Hooley Moran (VA) Stark finished business is the question of sus- Hansen Millender- Smith (WA) Horn Morella Stearns Hastings (FL) McDonald Snyder Hostettler Murtha pending the rules and agreeing to the Stenholm Hastings (WA) Miller (FL) Spence Houghton Nadler concurrent resolution, H. Con. Res. 310. Strickland Hayes Miller, Gary Spratt Hoyer Napolitano Stump The Clerk read the title of the con- Hayworth Miller, George Stabenow Neal Hulshof Stupak current resolution. Hefley Minge Stark Nethercutt Hunter Sununu Herger Moakley Stearns Hutchinson Ney Sweeney The SPEAKER pro tempore. The question is on the motion offered by Hill (IN) Mollohan Stenholm Hyde Northup Talent Hill (MT) Moore Strickland Inslee Norwood Tancredo the gentleman from Wisconsin (Mr. Hilleary Moran (KS) Stump Isakson Nussle Tanner PETRI) that the House suspend the Hinojosa Moran (VA) Stupak Istook Oberstar Tauscher Hobson Morella Sununu Tauzin rules and agree to the concurrent reso- Jackson (IL) Obey Hoeffel Murtha Sweeney Taylor (MS) lution, H. Con. Res. 310, on which the Jackson-Lee Olver Hoekstra Nadler Talent Taylor (NC) (TX) Ortiz yeas and nays are ordered. Holden Napolitano Tancredo Terry Jefferson Ose Holt Neal Tanner Thomas This will be a 5-minute vote. Jenkins Owens Hooley Nethercutt Tauscher Thompson (CA) The vote was taken by electronic de- John Oxley Ney Thompson (MS) vice, and there were—yeas 397, nays 20, Horn Tauzin Johnson (CT) Packard Hostettler Northup Taylor (MS) Johnson, E. B. Pallone Thornberry not voting 17, as follows: Thune Houghton Norwood Taylor (NC) Johnson, Sam Pascrell Thurman [Roll No. 137] Hoyer Nussle Terry Jones (NC) Pastor Tiahrt Hulshof Oberstar Thomas Jones (OH) Paul YEAS—397 Tierney Hunter Obey Thompson (CA) Kanjorski Payne Toomey Abercrombie Boehlert Costello Hutchinson Ortiz Thompson (MS) Kaptur Pease Towns Ackerman Boehner Cox Hyde Ose Thornberry Kasich Pelosi Traficant Aderholt Bonilla Coyne Inslee Owens Thune Kelly Peterson (MN) Turner Allen Bono Cramer Isakson Oxley Thurman Kildee Peterson (PA) Udall (CO) Andrews Borski Crane Istook Packard Tiahrt Kilpatrick Petri Udall (NM) Archer Boswell Crowley Jackson (IL) Pallone Toomey Kind (WI) Phelps Upton Armey Boucher Cubin Jackson-Lee Pascrell Traficant King (NY) Pickering Vento Baca Boyd Cunningham (TX) Pastor Turner Kingston Pickett Visclosky Bachus Brady (PA) Danner Jefferson Paul Udall (CO) Kleczka Pitts Vitter Baird Brady (TX) Davis (FL) Jenkins Pease Udall (NM) Klink Pombo Walden Baker Brown (FL) Davis (IL) John Pelosi Upton Knollenberg Pomeroy Walsh Baldacci Brown (OH) Davis (VA) Johnson (CT) Peterson (MN) Vento Kolbe Porter Wamp Baldwin Bryant Deal Johnson, E. B. Peterson (PA) Vitter Ballenger Burr DeFazio Kucinich Portman Waters Johnson, Sam Petri Walden Barcia Burton DeGette Kuykendall Price (NC) Watkins Jones (NC) Phelps Walsh Barr Buyer Delahunt LaFalce Pryce (OH) Watt (NC) Jones (OH) Pickering Wamp Barrett (NE) Callahan DeLauro LaHood Quinn Watts (OK) Kanjorski Pickett Waters Barrett (WI) Calvert DeMint Lampson Radanovich Waxman Kaptur Pitts Watkins Bartlett Camp Deutsch Lantos Rahall Weiner Kelly Pombo Barton Campbell Diaz-Balart Watt (NC) Largent Ramstad Weldon (FL) Kennedy Pomeroy Watts (OK) Weldon (PA) Bass Canady Dickey Larson Rangel Bateman Cannon Dicks Kildee Porter Waxman Latham Regula Weller Kilpatrick Portman Weiner Wexler Becerra Capps Dingell LaTourette Reyes Bentsen Cardin Dixon Kind (WI) Price (NC) Weldon (FL) Lazio Reynolds Weygand King (NY) Pryce (OH) Weldon (PA) Whitfield Bereuter Castle Doggett Leach Riley Kingston Quinn Weller Wicker Berkley Chabot Dooley Lee Rivers Kleczka Radanovich Wexler Wilson Berman Chambliss Doyle Levin Rodriguez Klink Rahall Weygand Wolf Berry Chenoweth-Hage Dreier Lewis (CA) Roemer Knollenberg Ramstad Whitfield Woolsey Biggert Clayton Duncan Lewis (GA) Rogan Kolbe Rangel Wicker Wu Bilbray Clement Dunn Lewis (KY) Rogers Kuykendall Regula Wynn Bilirakis Clyburn Edwards Wilson Linder Rohrabacher Young (FL) Bishop Coble Ehlers LaFalce Reyes Wolf Lipinski Ros-Lehtinen Blagojevich Collins Ehrlich LaHood Reynolds Woolsey LoBiondo Rothman Bliley Combest Emerson Lampson Riley Wu Lofgren Roukema Blumenauer Condit Engel Lantos Rodriguez Wynn Lowey Roybal-Allard Blunt Cooksey English Larson Roemer Young (FL)

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.014 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2437 NAYS—20 ‘‘(D) any determinations regarding the over and over again, year after year, Bonior Kucinich Scott award of, and the amount of, employer-pro- we are trying to run businesses, labor Capuano Lee Serrano vided grants or rights that are based on per- and management, based on rules and Carson McDermott Slaughter formance are— regulations that were written back in Clay Mink Tierney ‘‘(i) made based upon meeting previously Conyers Olver Towns established performance criteria (which may the 1930s, when it was a manufacturing Hilliard Payne Visclosky include hours of work, efficiency, or produc- economy only and men only. We can- Hinchey Rivers tivity) of any business unit consisting of at not do that in the 21st century. NOT VOTING—17 least 10 employees or of a facility, except Well, of course, if they had followed Coburn Filner Myrick that, any determinations may be based on through, we would have eliminated the Cook Gutierrez Souder length of service or minimum schedule of very popular stock option for hourly Cummings Kasich Velazquez hours or days of work; or employees. DeLay Largent Wise ‘‘(ii) made based upon the past perform- I want to thank the gentleman from Doolittle Lucas (OK) Young (AK) ance (which may include any criteria) of one New York (Mr. OWENS) and the gen- Evans McIntosh or more employees in a given period so long tleman from Indiana (Mr. ROEMER) and b 1252 as the determination is in the sole discretion the gentleman from Wisconsin (Mr. Ms. CARSON changed her vote from of the employer and not pursuant to any prior contract.’’. KIND), among others, for helping us de- ‘‘yea’’ to ‘‘nay.’’ (b) EXTRA COMPENSATION.—Section 7(h) of velop the bipartisan resolution. I want So (two-thirds having voted in favor the Fair Labor Standards Act of 1938 (29 to certainly thank the gentleman from thereof) the rules were suspended and U.S.C. 207(h)) is amended— California (Mr. CUNNINGHAM), who has the concurrent resolution was agreed (1) by striking ‘‘Extra’’ and inserting the worked tirelessly to help bring about to. following: this resolution, as well as our sub- ‘‘(2) Extra’’; and The result of the vote was announced committee chair, the gentleman from as above recorded. (2) by inserting after the subsection designation the following: North Carolina (Mr. BALLENGER). A motion to reconsider was laid on The Worker Economic Opportunity the table. ‘‘(1) Except as provided in paragraph (2), sums excluded from the regular rate pursu- Act reflects a consensus reached among Stated for: ant to subsection (e) shall not be creditable the bill’s chief sponsors in the House Mr. DOOLITTLE. Mr. Speaker, on rollcall toward wages required under section 6 or and the Senate committees of jurisdic- No. 137, I was inadvertently detained. Had I overtime compensation required under this tion and the Department of Labor. The been present, I would have voted ``yea.'' section.’’. other body passed it 95 to nothing; and f (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the to further explain the consensus we WORKER ECONOMIC OPPORTUNITY date that is 90 days after the date of enact- have reached, I am going to include ACT ment of this Act. into the RECORD a statement of legisla- Mr. GOODLING. Mr. Speaker, I move (d) LIABILITY OF EMPLOYERS.—No employer tive intent which is substantially iden- to suspend the rules and pass the Sen- shall be liable under the Fair Labor Stand- tical to what was the legislative intent ards Act of 1938 for any failure to include in presented in the other body by Sen- ate bill (S. 2323) to amend the Fair an employee’s regular rate (as defined for ators MCCONNELL, DODD, JEFFORDS, and Labor Standards Act of 1938 to clarify purposes of such Act) any income or value the treatment of stock options under derived from employer-provided grants or ENZI. the Act. rights obtained pursuant to any stock op- I urge my colleagues to vote for the The Clerk read as follows: tion, stock appreciation right, or employee Worker Economic Opportunity Act. S. 2323 stock purchase program if— STATEMENT OF LEGISLATIVE INTENT REGARD- ING S. 2323, THE WORKER ECONOMIC OPPOR- Be it enacted by the Senate and House of Rep- (1) the grants or rights were obtained be- TUNITY ACT resentatives of the United States of America in fore the effective date described in sub- Congress assembled, section (c); I. INTRODUCTION AND PURPOSE (2) the grants or rights were obtained with- SECTION 1. SHORT TITLE. The purpose of S. 2323, the Worker Eco- in the 12-month period beginning on the ef- This Act may be cited as the ‘‘Worker Eco- nomic Opportunity Act, is to allow employ- fective date described in subsection (c), so nomic Opportunity Act’’. ees who are eligible for overtime pay to con- long as such program was in existence on the tinue to share in workplace benefits that in- SEC. 2. AMENDMENTS TO THE FAIR LABOR date of enactment of this Act and will re- STANDARDS ACT OF 1938. volve their employer’s stock or similar eq- quire shareholder approval to modify such (a) EXCLUSION FROM REGULAR RATE.—Sec- uity-based benefits. More working Ameri- tion 7(e) of the Fair Labor Standards Act of program to comply with section 7(e)(8) of the cans are receiving stock options or opportu- 1938 (29 U.S.C. 207(e)) is amended— Fair Labor Standards Act of 1938 (as added nities to purchase stock than ever before. (1) in paragraph (6), by striking ‘‘or’’ at the by the amendments made by subsection (a)); The Worker Economic Opportunity Act up- end; or dates the Fair Labor Standards Act to en- (2) in paragraph (7), by striking the period (3) such program is provided under a collec- sure that rank-and-file employees and man- and inserting ‘‘; or’’; and tive bargaining agreement that is in effect agement can share in their employer’s eco- (3) by adding at the end the following: on the effective date described in subsection nomic well being in the same manner. ‘‘(8) any value or income derived from em- (c). Employers have provided stock and equity- (e) REGULATIONS.—The Secretary of Labor ployer-provided grants or rights provided based benefits to upper level management may promulgate such regulations as may be pursuant to a stock option, stock apprecia- for decades. However, it is only recently that necessary to carry out the amendments tion right, or bona fide employee stock pur- employers have begun to offer these pro- made by this Act. chase program which is not otherwise ex- grams in a broad-based manner to non-excludable under any of paragraphs (1) through The SPEAKER pro tempore (Mr. empt employees. Historically, most employ- (7) if— QUINN). Pursuant to the rule, the gen- ees had little contact with employer-pro- ‘‘(A) grants are made pursuant to a pro- tleman from Pennsylvania (Mr. GOOD- vided equity devices outside of a 401(k) plan. But today, many employers, from a broad gram, the terms and conditions of which are LING) and the gentleman from New communicated to participating employees cross-section of industry, have begun offer- York (Mr. OWENS) each will control 20 ing their employees opportunities to pur- either at the beginning of the employee’s minutes. participation in the program or at the time chase employer stock at a modest discount, of the grant; The Chair recognizes the gentleman or have provided stock options to rank and ‘‘(B) in the case of stock options and stock from Pennsylvania (Mr. GOODLING). file employees; and they have even provided appreciation rights, the grant or right can- Mr. GOODLING. Mr. Speaker, I yield outright grants of stock under certain cir- not be exercisable for a period of at least 6 myself 2 minutes. cumstances. months after the time of grant (except that Mr. Speaker, I rise in strong support The Federal Reserve Board of Governors grants or rights may become exercisable be- of S. 2323, the Worker Economic Oppor- recently estimated that 17 percent of large cause of an employee’s death, disability, re- firms have introduced a stock options pro- tunity Act. The Department of Labor, gram and 37 percent have broadened eligi- tirement, or a change in corporate owner- in a recent opinion letter, has jeopard- ship, or other circumstances permitted by bility for their stock option programs in the ized a successful and popular new trend 1 regulation), and the exercise price is at least last two years. The Employment Policy 85 percent of the fair market value of the in employment, and they did it not be- Foundation estimates between 9.4 million stock at the time of grant; cause of any fault of theirs but because and 25.8 million workers receive benefits ‘‘(C) exercise of any grant or right is vol- they interpreted the Labor Standards untary; and Act of 1938, which is what I have said 1Footnotes at end of article.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.018 pfrm01 PsN: H03PT1 H2438 CONGRESSIONAL RECORD — HOUSE May 3, 2000 through some type of equity participation tires or dies before the vesting period has B. The Fair Labor Standards Act and Stock program.2 The trend is growing, and given run, where there is change in corporate con- Options the current state of the economy, it is likely trol or when an employee’s employment is The Fair Labor Standards Act of 1938 5 to continue. terminated. (FLSA) establishes workplace protections in- The tremendous success of our economy Exercise. Under both qualified and non- cluding a minimum hourly wage and over- over the last several years has been largely qualified stock option programs, an em- time compensation for covered employees, attributed to the high technology sector. ployee can exchange the options, along with record keeping requirements and protections One of the things that our technology com- sufficient cash to pay the exercise price of against child labor, among other provisions. panies have succeeded at is creating an at- the options, for shares of stock. Because A cornerstone of the FLSA is the require- mosphere in which all employees share the many rank-and-file employees cannot afford ment that an employer pay its nonexempt same goal: the success of the company. By to pay the cost of buying the stock at the op- employees overtime for all hours worked vesting all employees in the success of the tion price in cash, many employers have over 40 in a week at one and one-half times business, stock options and other equity de- given their employees the opportunity for the employee’s regular rate of pay.6 The vices have become an important tool to cre- ‘‘cashless’’ exercise, either for cash or for term ‘‘regular rate’’ is broadly defined in the ate businesses with unparalleled produc- stock, under nonqualified option plans. In a statute to mean ‘‘all remuneration for em- tivity. The Worker Economic Opportunity cashless exercise for cash, an employee gives ployment paid to, or on behalf of, the em- Act will encourage more employers to pro- options to a broker or program adminis- ployee.’’ 7 vide opportunities for equity participation to trator, this party momentarily ‘‘lends’’ the Section 207(e) of the statute excludes cer- their employees, further expanding the bene- employee the money to purchase the req- tain payments from an employee’s regular fits that inure from equity participation. uisite number of shares at the exercise price, rate of pay to encourage employers to pro- II. BACKGROUND AND NEED FOR LEGISLATION and then immediately sells the shares. The vide them, without undermining employees’ A. Background on Stock Options and Related employee receives the difference between the fundamental right to overtime pay. Excluded Devices market price and the exercise price of the payments include holiday bonuses or gifts,8 9 Employers use a variety of equity devices stock (the profit), less transaction fees. In a discretionary bonuses, bona fide profit shar- 10 11 to share the benefits of equity ownership cashless exercise for stock, enough shares ing plans, bona fide thrift or saving plans, with their employees. As the employer’s are sold to cover the cost of buying the and bona fide old-age, retirement, life, acci- 12 stock appreciates, these devices provide a shares the employee will retain. In either dent or health or similar benefits plans. By tool to attract and retain employees, an in- case, the employee is spared from having to excluding these payments from the defini- 13 creasingly difficult task during a time of provide the initial cash to purchase the tion of ‘‘regular rate,’’ Congress recognized record economic growth and low unemploy- stock at the option price. that certain kinds of benefits provided to ment in the United States. These programs An employee’s options usually expire at employees are not within the generally ac- also foster a broader sense of commitment to the end of the option period. An employee cepted meaning of compensation for work a common goal—the maintenance and im- may forfeit the right to exercise the options, performed. Thus, by excluding these payments from provement of the company’s performance— in whole or in part, under certain cir- the regular rate in section 207(e) of the among all employees nationally and even cumstances, including upon separation from FLSA, Congress encouraged employers to internationally, and thus provide an align- the employer. However, some programs allow provide these payments and benefits to em- ment between the interests of employees the employee to exercise the options (some- ployees. The encouragement has worked with the interests of the company and it times for a limited period of time) after they well—employees now expect to receive from shareholders. They can also reinforce the leave employment with the employer. their employer at least some of these bene- evolving employer-employee relationship, Stock Appreciation Rights. Stock appre- fits (i.e. healthcare), which today, on aver- with employees viewed as stakeholders. ciation rights (SARs) operate similarly to age, comprise almost 30 percent of employ- Employer stock option and stock programs stock options. They are the rights to receive ees’ gross compensation.14 For similar rea- come in all different types and formats. The the cash value of the appreciation on an un- sons, Congress decided that the value and in- Worker Economic Opportunity Act focuses derlying stock or equity based security. The come from stock option, SAR and ESPP pro- on the most common types: stock option, stock may be publicly traded, privately held, grams should also be excluded from the reg- stock appreciation right, and employee or may be based on valued, but unregistered, ular rate, because they allow employees to stock purchase programs. stock or stock equivalent. The rights are Stock Option Programs. Stock options pro- share in the future success of their compa- issued at a fixed price for a fixed period of nies. vide the right to purchase the employer’s se- time and can be issued at a discount, carry C. The Department of Labor’s Opinion Letter curities for a fixed period of time. Stock op- a vesting period, and are exercisable over a on Stock Options tion programs vary greatly by employer. period of time. SARs are often used when an However, two main types exist: nonqualified employer cannot issue stock because the The impetus behind the Worker Economic and qualified option programs.3 Most pro- stock is listed on a foreign exchange, or reg- Opportunity Act is the broad dissemination grams are nonqualified stock option pro- ulatory or financial barriers make stock of a February 1999 advisory opinion letter 15 grams, meaning that the structure of the grants impracticable. regarding stock options issued by the De- program does not protect the employee from partment of Labor’s Wage and Hour Division, Employee Stock Purchase Plans. Em- being taxed at the time of exercise. However, the agency charged with the administration ployee stock purchase plans (ESPPs) give the mechanics of stock option programs are of the FLSA. The letter involved an employ- employees the opportunity to purchase em- very similar regardless of whether they are er’s stock option program wherein its employer stock, usually at up to a 15 percent nonqualified or qualified. Some of these ployees would be notified of the program discount, by either regularly or periodically characteristics are described below. three months before the options were grant- paying the employer directly or by having Grants. An employer grants to employees a ed, and some rank-and-file employees em- after-tax money withdrawn as a payroll de- certain number of options to purchase shares ployed by the company on the grant date duction. Like option programs, ESPPs can of the employer’s stock. The exercise price would receive options. The options would be qualified or nonqualified. may be around the fair market value of the have a two-year vesting period, with acceler- stock at the time of the grant, or it may be Section 423 of the Internal Revenue Code 4 ated vesting if certain events occurred. The discounted below fair market value to pro- sets forth the factors for a qualified ESPP. employer would also automatically exercise vide the employee an incentive to partici- The ability to participate must be offered to any unexercised options on behalf of the em- pate in the option program. all employees, and employees must volun- ployees the day before the program ended.16 Vesting. Most stock option programs have tarily choose whether to participate in the The opinion letter indicated that the stock some sort of requirement to wait some pe- program. The employer can offer its stock to option program did not meet any of the ex- riod after the grant to benefit from the op- employees at up to a 15 percent discount off isting exemptions to the regular rate under tions, often called a vesting period. After the of the fair market value of the stock, deter- the FLSA, although it did not explain the period, employees typically may exercise mined at the time the option to purchase reasons in any detail. Later, the Administra- their options by exchanging the options for stock is granted or at the time the stock is tion’s testimony before the House Workforce stock at the exercise price at any time be- actually purchased. The employee is re- Protections Subcommittee explained that fore the option expires, which is typically up quired to hold the stock for one or two years the stock option program did not meet the to ten years. In some cases, options may vest after the option is granted to receive capital gift, discretionary bonus, or profit sharing on a schedule, for example, with a third of gains treatment. If the employee sells the exceptions to the regular rate because, the options vesting each year over a three- stock before the requisite period, any gain among other reasons, it required employees year period. In addition to vesting on a date made on the sale is treated as ordinary in- to do something as a condition of receiving certain, some options may vest if the com- come. the options—to remain employed with the pany hits a certain goal, such as reaching a Nonqualified ESPPs are usually similar to company for a period of time.17 Such a condi- certain stock price for a certain number of qualified ESPPs, but they lack one or more tion is not allowed under the current regular days. Some programs also provide for accel- qualifying features. For example, the plan rate exclusions. The testimony also noted erated or automatic vesting in certain cir- may apply only to one segment of employ- that the program was not excludable under cumstances such as when an employee re- ees, or may provide for a greater discount. the thrift or savings plan exception because

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.024 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2439 the employees were only allowed to exercise purchase plan includes an ESPP that is (1) a on the sale of the stock. The discount on their options using a cashless method of ex- qualified ESPP under section 423 of the In- stock option, SAR or stock purchase under a ercise, and thus the employees could not ternal Revenue Code,23 or (2) a plan that ESPP program is likewise excludable. keep the stock as savings or an investment.18 meets the criteria identified below. C. The Act Preserves Programs Which Are The opinion letter stated that the em- 1. Qualified Employee Stock Purchase Plans Otherwise Excludable Under Existing Reg- ployer would be required to include any prof- Qualified ESPPs, known as section 423 ular Rate Exemptions its made from the exercise of the options in plans, comprise the overwhelming majority The Worker Economic Opportunity Act the regular rate of pay of its nonexempt em- of stock purchase plans. Thus, the intent of recognizes two ways that employer equity ployees. In particular, the profits would have the legislation is to deem ‘‘bona fide’’ all programs may be excluded from the regular to be included in the employee’s regular rate plans that meet the criteria of section 423. rate. Such equity programs may be excluded for the shorter of the time between the grant if they meet the existing exemptions to the date and the exercise date, or the two years 2. Nonqualified Employee Stock Purchase Plans regular rate pursuant to Section 7(e)(1)–(7), prior to exercise.19 As described above, section 423 plans are which apply to contributions and sums paid Section 207(e)’s exclusions to the regular considered bona fide ESPPs. Further, those by employers regardless of whether such rate did not clearly exempt the profits of ESPPs that do not meet the criteria of sec- payments are made in cash or in grants of stock options or similar equity devices from tion 423, but that meet the following criteria stock or other equity based vehicles, and the regular rate, and thus from the overtime also qualify as bona fide ESPPs: provided such payment or grant is consistent calculation. Thus, the Department of Labor’s (a) the plan allows employees, on a regular with the existing regulations promulgated opinion letter provided a permissible reading or periodic basis, to voluntarily provide under Section 7(e). Employer equity plans of the statute. A practical effect of the De- funds, or to elect to authorize periodic pay- also may be excluded under new section partment of Labor’s interpretation was stat- roll deductions, for the purchase at a future 7(e)(8) added by the Worker Economic Oppor- ed by J. Randall MacDonald, Executive Vice time of shares of the employer’s stock; President of Human Resources and Adminis- (b) the plan sets the purchase price of the tunity Act. This is reaffirmed in new section 207(e)(8), tration at GTE during a March 2, 2000 House stock as at least 85% of the fair market which makes clear that the enactment of Workforce Protections Subcommittee hear- value of the stock at the time the option is section 7(e)(8) carries no negative implica- ing on the issue: ‘‘[i]f the Fair Labor Stand- granted or at the time the stock is pur- tion about the scope of the preceding para- ards Act is not corrected to reverse this pol- chased; and, graphs of section (e). Rather, the sponsors icy, we will no longer be able to offer stock (c) the plan does not permit a nonexempt understand that some grants and rights that options to our nonexempt employees.’’ 20 employee to accrue options to purchase As the contents of the letter became gen- stock at a rate which exceeds $25,000 of fair do not meet all the requirements of section erally known in the business community and market value of such stock (determined ei- 7(e)(8) may continue to qualify for exemption on Capitol Hill, it became clear that the let- ther at the time the option is granted or the under an earlier exclusion. For example, pro- ter raised an issue under the FLSA that pre- time the option is exercised) for each cal- grams that grant options or SARs that do viously had not been contemplated. It fur- endar year. not have a vesting period may be otherwise ther became clear that an amendment to the The sponsors note that many new types of excludable from the regular rate if they FLSA would be needed to change the law ESPPs are being developed, particularly by meet another section (7)(e) exclusion. This specifically to address stock options. companies outside the United States, and would be true even if the option was granted A legislative solution was not only sup- that many of these companies may also in- at less than 85% of fair market value. This ported by employers at the House hearing, it tend to apply them to their U.S.-based em- language was not intended to prevent grants was also supported by employees and unions. ployees. These purchase plans have several or rights that meet some but not all of the Patricia Nazemetz, Vice President of Human attributes which make them appear to be requirements of an earlier exemption in 7(e) Resources for Xerox Corporation, read a let- more like savings plans than traditional U.S. from being exempt under the newly created ter from the Union of Needlework, Industrial stock purchase plans, such as a period of exemption. and Textile Employees (UNITE), the union payroll deductions of between three and five D. Basic Communication to Employees Re- that represents many Xerox manufacturing years, or an employer provided ‘‘match’’ in quired Because it Helps Ensure a Success- and distribution employees, in which the the form of stock or options to the employee. ful Program International Vice President stated: Further many companies are developing For grants made under a stock option, Xerox’s UNITE chapter would strongly plans that are similar to section 423 plans. SAR or bona fide ESPP program to qualify urge Congress to pass legislation exempting The sponsors believe that it is in the best infor the exemption under new section 7(e)(8), stock options and other forms of stock terests of employees for the Secretary of their basic terms and conditions must be grants from the definition of the regular rate Labor to review these and other new types of communicated to participating employees for the purposes of calculating over- plans carefully in the light of the purpose of either at the beginning of the employee’s time.... It is only recently that Xerox has the Worker Economic Opportunity Act—to participation in the program or at the time made bargaining unit employees eligible to encourage employers to provide opportuni- of grant. This requirement was put into the receive both stock options and stock grants. ties for equity participation to employees— legislation to recognize that when employees Without a clarification to the FLSA, we are and to allow section 7(e), as amended, to ac- understand the mechanics and the implica- afraid Xerox may not offer stock options or commodate a wide variety of programs, tions of the equity devices they are given, other forms of stock grants to bargaining where it does not undermine employees’ fun- they can more fully participate in exercising unit employees in the future.21 damental right to overtime pay. It is the meaningful choices with respect to those de- At the House hearing, the Administration sponsors’ vision that this entire law be flexi- vices. As discussed below, this is a simple also acknowledged that the problem needed ble and forward-looking and that the Depart- concept, it is not intended to be a com- to be fixed legislatively in a flexible manner, ment of labor apply and interpret it consist- plicated or burdensome requirement. ‘‘Based on the information we have been able ently with this vision. 1. Terms and Conditions To Be Communicated to obtain, there appears to be wide vari- B. ‘‘Value or Income’’ Is Defined Broadly to Employees ations in the scope, nature and design of stock option programs. There is no one com- The hallmark of the Worker Economic Op- Employers must communicate the mate- mon model for a program, suggesting the portunity Act is that section 7(e)(8) provides rial terms and conditions of the stock op- need for a flexible approach. Given the wide that any value or income derived from stock tion, stock appreciation right or employee variety and complexity of programs, we be- option, SAR or bona fide ESPP programs is stock purchase program to employees to en- lieve that the best solution would be to ad- excluded from the regular rate of pay. For sure that they have sufficient information to dress this matter legislatively.’’ 22 this reason, the phrase ‘‘value or income’’ is decide whether to participate in the pro- The general agreement on the need to fix construed broadly to mean any value, profit, gram. With respect to options, these terms the problem among these diverse interests gain, or other payment obtained, recognized include basic information on the number of led to the development of the Worker Eco- or realized as a result of, or in connection options granted, the number of shares grant- nomic Opportunity Act. with, the provision, award, grant, issuance, ed per option, the exercise price, the grant exercise or payment of stock options, SARs, date or dates, the length of any applicable III. EXPLANATION OF THE BILL AND SPONSORS’ or stock issued or purchased pursuant to a vesting period(s) and the dates when the em- VIEWS bona fide ESPP program established by the ployees will first be able to exercise options Congress worked closely with the Depart- employer. or rights, under what conditions the options ment of Labor to develop this important leg- This broad definition means, for example, must be forfeited or surrendered, the exer- islation. The sections below reflect the dis- that any nominal value that a stock option cise methods an employee may use (such as cussions between the sponsors and the De- or stock appreciation right may carry before cash for stock, cashless for cash or stock, partment of Labor during the development of it is exercised is excluded from the regular etc.), any restrictions on stock purchased the legislation, and the sponsors’ intent and rate. Similarly, the value of the stock or the through options, and the duration of the op- their understanding of the legislation. income in the form of cash is excluded after tion, and what happens to unexercised op- A. Definition of Bona Fide ESPP options are exercised, as is the income tions at the end of the exercise period. Pend- For the purposes of the Worker Economic earned from the stock in the form of divi- ing issuance of any regulations, an employer Opportunity Act, a bona fide employee stock dends or ultimately the gains earned, if any, who communicated the information in the

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.025 pfrm01 PsN: H03PT1 H2440 CONGRESSIONAL RECORD — HOUSE May 3, 2000 prior sentence is to be deemed to have com- accordance with a schedule. For example, a the stock on the date of the grant. Similarly, municated the terms and conditions of the portion of the employee’s options may vest it would be reasonable to determine fair grant. Similar information should be pro- after six months, with the remaining portion market value as being equal to the average vided regarding SARs or ESPPs. vesting three months thereafter. Options closing price over a period of days ending 2. The Mode of Communications may also vest in connection with an event, with or ending shortly before the grant date The legislation does not specify any par- such as the stock reaching a certain price or (or the average of the highs and lows on each ticular mode of communication of relevant the company attaining a performance target. day). In the case of a non-publicly traded In addition, the sponsors recognize that a information, and no particular method of stock, any reasonable valuation that is made grant that is vested may not be currently ex- communication is required, as long as the in good faith and based on reasonable valu- ercisable by the employee because of an em- method chosen reasonably communicates ation principles must be used. ployer’s requirement that the employee hold The sponsors understand that the exercise the information to employees in a under- the option for a minimum period prior to ex- price of stock options and SARs is sometime standable fashion. For example, employers ercise. In other words, there may be an addi- adjusted in connection with recapitaliza- may notify their employees of an option tional period of time after the vesting period tions and other corporate events. Accounting grant by letter, and later provide a formal during which the option remains and other tax guidelines have been developed employee handbook, or other method such as unexerciseable. An option or SAR may meet for making these adjustments in a way that a link to a location on the company the exercisability requirements of the bill does not modify a participant’s profit oppor- Intranet. Any combination of communica- without regard to the reason why the right tunity. Any adjustment conforming with tions is acceptable. The intent of the legisla- to exercise is delayed. these guidelines does not create an issue tion is to ensure that employees are provided Further, if a single grant of options or under the 15% limit on discounts. the basic information in a timely manner, SARs includes some options exercisable after G. Employee Participation in Equity not to mandate the particular form of com- six months while others are exercisable ear- Programs Must Be Voluntary munication, nor to bar the use of new forms lier, then those exercisable after the six New section (8)(C) of the Worker Economic of communication. Therefore, an employer month period will meet the exercisability re- Opportunity Act states that the exercise of should be able to use current electronic com- quirement even if the others do not. The de- any grant or right must be voluntary. Vol- munication methods, as well as other forms termination is made option by option, SAR untary means that the employee may or may of communication that develop later. by SAR. In addition, if exercisability is tied not choose not to exercise his or her grants 3. The Timing of Communications to an event, the determination of whether or rights at any point during the stock op- The legislation specifies that the employer the six-month requirement is met is based on tion, stock appreciation right, or employee is to communicate the terms and conditions when the event actually occurs. Thus, for ex- stock purchase program, as long as that is in of the stock option, SAR and ESPP pro- ample, if an option is exercisable only after accordance with the terms of the program. grams to employees at or before the begin- an initial public offering (IPO) and the IPO This is a simple concept and it is not to be ning of the employee’s participation in the occurs seven months after grant, the option interpreted as placing any other restrictions program or at the time the employee re- shall be deemed to have met the provision’s on such programs. ceives a grant. It is acceptable, and perhaps exercisability requirement. It is the intent of the sponsors that this even likely, that the relevant information on However, section 7(e)(8)(B) specifically rec- provision does not restrict the ability of an a program will be disseminated in a com- ognizes that there are a number of special employer to automatically exercise stock bination of communications over time. This circumstances when it is permissible for an options or SARs for the employee at the ex- approach allows flexibility and acknowledges employer to allow for earlier exercise to piration of the grant or right. However, an that types of participation vary greatly be- occur (in less than 6 months) without loss of employer may not automatically exercise tween stock option and SAR programs, on the exemption. For example, an employer or stock options or SARs for an employee who has notified the employer that he or she does the one hand, and ESPPs on the other. plan may provide that a grant may vest or not want the employer to exercise the op- For example, under an ESPP, an employee otherwise become exercisable earlier than may choose to begin payroll deductions in tions or rights on his or her behalf. six months because of an employee’s dis- Stock option, SARs and ESPP programs January, but not actually have the option to ability, death, or retirement. The sponsors may qualify under new section 7(e)(8) even purchase stock until June. By contrast, with encourage the Secretary to consider and though the employer chooses to require em- an option or SAR program, employees are evaluate other changes in employees’ status ployees to forfeit options, grants or rights in given the options or rights at the outset, but or circumstances. certain employee separation situations. those rights may not vest until some year in Earlier exercise is also permitted in con- the future. nection with a change in corporate owner- H. Performance Based Programs The timing of the communication is flexi- ship. The term change in ownership is in- The purpose of new section 7(e)(8)(D) is to ble, because often it is difficult to have ma- tended to include events commonly consid- set out the guidelines employers must follow terials ready for employees at the beginning ered changes in ownership under general in order to exclude from the ‘‘regular rate’ of a stock option or stock appreciation right practice for options and SARs. For example, grants of stock options, SARs, or shares of program, immediately following approval by the term would include the acquisition by a stock pursuant to an ESPP program based the Board of Directors, because of confiden- party of a percentage of the stock of the cor- on performance. If neither the decision of tiality requirements. Thus, within a reason- poration granting the option or SAR, a sig- whether to grant nor the decision as to the able time following approval of a stock op- nificant change in the corporation’s board of size of the grant is based on performance, the tion grant by the Board of Directors, the em- directors within 24 months, the approval by provisions of in new section 7(e)(8)(D) do not ployer is required to communicate basic in- the shareholders of a plan or merger, and the apply. For example, grants made to employ- formation about the grant employees have disposition of substantially all of the cor- ees at the time of their hire, and any value received. For example, an initial letter may poration’s assets. or income derived from these grants, may be notify the employees that they have received The sponsors believe it important to allow excluded provided they meet the require- a certain number of stock options and pro- employers the flexibility to construct plans ments in new sections 7(e)(8)(A)–(C). New section 8(D) is divided into two vide the basic information about the pro- that allow for these earlier exercise situa- clauses. The first, clause (i), deals with gram. More detailed information about the tions. However, this section is not intended awards of options awarded based on pre-es- program may precede or follow the grant in to in any way require employers to include tablished goals for future performance, and formats such as an employee handbook, op- these or any other early exercise cir- the second, clause (ii), deal with grants that tions pamphlet, or an Intranet site that pro- cumstances in their plans. are awarded based on past performance. vides options information. F. Stock Option and SAR Programs may Be 1. Goals for Future Performance E. Exercisability Criteria Applicable only to Awarded at Fair Market Value or Dis- New section 7(e)(8)(D)(i) provides that em- Stock Options and SARs counted up to and Including 15% ployers may tie grants to future performance As discussed above, a common feature in Stock options and SARs generally are so long as the determinations as to whether grants of stock options and SARs is a vesting granted to employees at around fair market to grant and the amount of grant are based or holding period, which under current prac- value or at a discount. New section 7(e)(8)(B) on the performance of either (i) any business tice may be as short as a few months or as recognizes that grants may be at a discount, unit consisting of at least ten employees or long as a number of years. For a stock op- but that the discount cannot be more than a (ii) a facility. tion of SAR to be excluded from the regular 15% discount off of the fair market value of A business unit refers to all employees in rate pursuant to the Worker Economic Op- the stock (or in the case of stock apprecia- a group established for an identifiable busi- portunity Act, new section 7(e)(8) requires tion rights, the underlying stock, security or ness purpose. The sponsors intend that em- that the grant or right generally cannot be other similar interest). ployers should have considerable flexibility exercisable for at least six months after the A reasonable valuation method must be in defining their business units. However, date of grant. used to determine fair market value at the the unit may not merely be a pretext for For stock option grants that include a time of grant. For example, in the case of a measuring the performance of a single em- vesting requirement, typically an option will publicly traded stock, it would be reasonable ployee or small group of fewer than ten em- become exercisable after the vesting period to determine fair market value based on ployees. By way of example, a unit may in- ends. Some option grants vest gradually in averaging the high and low trading price of clude any of the following: (i) a department,

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.027 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2441 such as the accounting or tax departments of formance of a group of employees, even if it options. The employee’s job expectations are a company, (ii) a function, such as the ac- is not a facility or business unit, or even for more clearly spelled out on an annual basis counts receivable function within a com- an individual employee. The determination than under Company A’s plan. Once a year, pany’s accounting department, (iii) a posi- may be based on any performance criteria, the employee under goes a formal, written, tion classification, such as those call-center including hours of work, efficiency or pro- performance review with his or her manager. personnel who handle initial contacts, (iv) a ductivity. If work is satisfactory, the employee re- geographical segment of a company’s oper- Under new section 7(e)(8)(D)(ii), employers ceives a predetermined but unannounced ations, such as delivery personnel in a speci- may develop a framework under which they number of options. Unlike Company A, fied geographical area, (v) a subsidiary or op- will provide options in the future, provided which provides different amounts of options erating division of a company, (vi) a project that to the extent the ultimate determina- to employees based upon a numeric perform- team, such as the group assigned to test soft- tion as to the fact of and the amount of ance rating, Company B provides the same ware on various computer configurations or grants or rights each employee will receive number of options to all employees who re- to support a contract or a new business ven- is based on past performance, the employer ceive satisfactory employment evaluations. ture. does not contractually obligate itself to pro- Over 90 percent of Company B’s employees With respect to the requirement to have vide the grant or rights to an employee. receive options annually, and in many years, ten or more employees in a unit, this deter- Thus, new section 7(e)(8)(D)(ii) would allow this percentage exceeds 95 percent. mination is based on all of the employees in an employer to determine in advance that it In both Example A and Example B, the em- the unit, not just those employees who are, will provide 100 stock options to all employ- ployers set up in advance the formula under for example, non-exempt employees. ees who receive ‘‘favorable’’ ratings on their which option decisions are made; however, A facility includes any separate location performance evaluations at the end of the the decisions as to whether an individual em- where the employer conducts its business. year, and it would allow the employer to ad- ployee would receive options and how many Two or more locations that would each qual- vise employees, in employee handbooks or options he or she would receive was made ify as a facility may be treated as a single fa- otherwise, of the possibility that favorable based on past performance at the end of the cility. Performance measurement based on a evaluations may rewarded by option grants, performance period, but not pursuant to a particular facility is permitted without reso long as the employer does not contrac- prior contractual obligation made to the em- gard to the number of employees who are tually obligate itself to provide the grants or ployees. The fact that the employer deter- working at the facility. For example, a facil- in any other way relinquish its discretion as mines a formula or program in advance does ity would include any of the following: a sep- to the existence or amount of grants. not disqualify these examples from new sec- arate office location, each separate retail Similarly, the fact that an employer tion 7(e)(8). store operated by a company, each separate makes grants for several years in a row I. Extra Compensation restaurant operated by a company, a plant, a based on favorable performance evaluation The Worker Economic Opportunity Act warehouse, or a distribution center. ratings, even to the point where employees also amends section 7(h) of the FLSA (29 The definition of both a business unit and come to expect them, does not mean in itself U.S.C. § 207(h)) to ensure that the income or a facility are intended to be flexible enough that the employer may be deemed to have value that results from a stock option, SAR to adapt to future changes in business oper- ‘‘contractually obligated’’ itself to provide or ESPP program, and that is excluded from ations. Therefore, the examples of business the rights. the regular rate by new section 7(e)(8), can- units set forth above should be viewed with Some examples of performance based not be credited by an employer toward meet- this in mind. grants that fit within new 7(e)(8)(D)(ii) are as ing its minimum wage obligations under sec- Options may be excluded from the regular follows: tion 6 of the Act or overtime obligations Example A: Company A awards stock op- rate in accordance with new section under section 7 of the Act. The language ditions to encourage employees to identify 7(e)(8)(D)(i) under the following cir- vides section 7(h) into two parts, 7(h)(1) and with the company and to be creative and in- cumstances: 7(h)(2). Section 7(h)(1) states that an em- novative in performing their jobs. Company Example 1—Employer announces that cer- ployer may not credit an amount, sum, or A’s employee handbook includes the fol- tain employees at the Wichita, Kansas plant payment excluded from the regular rate lowing: ‘‘Company A’s stock option program will receive 50 stock options if the plant’s under existing sections 7(e)(1–7) or new sec- is a long-term incentive used to recognize production reaches a certain level by the end tion 7(e)(8) towards an employers’ minimum the potential for, and provide an incentive of the year (note that in order to fit within wage obligation under section 6 of the Act. for, anticipated future performance. Stock this subsection, the grant does not have to When section 7(h)(1) is read together with option grants may be awarded to employees be made on a facility wide basis); section 7(h)(2), it states that an employer at hire, on an annual basis, or both. All full- Example 2—Employer announces that it may not credit an amount excluded under time employees who have been employed for will grant employees working on the AnyCo. existing sections 7(e)(1–4) or new section the appropriate service time are eligible to account 50 stock options each if the account 7(e)(8) toward overtime payments. However, be considered for annual stock option brings in a certain amount of revenue by the consistent with existing 7(h), extra com- end of the year, provided that there are at grants.’’ Company A provides stock options to most pensation paid by an employer under sec- least 10 employees on the AnyCo. account. tions 7(e)(5–7) may be creditable towards an Example 3—Employer announces that cer- nonexempt employees following their performance review. Each employee’s manager employer’s overtime obligations. This tain employees will receive stock options if change shall take effect on the effective date the company reaches specified goal. rates the employee during a review process, resulting in a rating of from 1 to 5. The rat- but will not affect any payments that are New section 7(e)(8)(D)(i) also makes clear not excluded by section 7(e) and thus are in- that otherwise qualifying grants remain ex- ing is based upon the manager’s objective and subjective analysis of the employee’s cluded in the regular rate. cludable from the regular rate if they are J. The Legislation Includes a Broad Pre-Ef- based on an employees’ length of service or performance. The rating is then put into a formula to determine the number of options fective Date Safe Harbor & Transition minimum schedule of hours or days of work. Time For example, an employer may make grants an employee is eligible to receive, based on In drafting the Worker Economic Oppor- only to employees: (i) who have a minimum the employee’s level within the company, tunity Act, the sponsors hoped to create an number of years of service, (ii) who have the product line that the employee works on, exemption that would be broad enough to been employed for at least 24 a specified num- and the value of the product to the com- capture the diverse range of broad-based ber of hours of service during the previous pany’s business. Employees are aware a for- stock ownership programs that are currently twelve month period (or other period), (iii) mula is used. The Company then informs the being offered to non-exempt employees who are employed on the grant date (or a pe- employee of the number of options awarded across this nation. However, in order to riod ending on the grant date), (iv) who are to him or her. Managers make it clear to employees that reach a consensus, the new exemption had to regular full-time employees (i.e., not part- the options are granted in recognition of be tailored to comport with the existing time or seasonal), (v) who are permanent em- prior performance with the expectation of framework of the FLSA. The result is a se- ployees, or (vi) who continue in service for a the employee’s future performance, but no ries of requirements that stock option, SAR stated period after the grant date (including contractual obligation is made to employees. and ESPP programs must meet in order for any minimum required hours during this pe- This process is repeated annually, with em- the proceeds of those plans to fit within the riod). Any or all of these conditions, and ployees eligible for stock options each year newly created exemption. similar conditions, are permissible. based on their annual performance review. Because of the circumstances that give rise 2. Past Performance Most employees receive options annually to this legislation, the pre-effective date safe New section 7(e)(8)(d)(ii) clarifies that em- based upon their performance review rating harbor is intentionally broader than the new ployers may make determinations as to ex- and their level in the company. exemption. The sponsors did not want to pe- istence and amount of grants or rights based Example B: Company B manages its pro- nalize those employers who have been offer- on past performance, so long as the deter- gram similarly to company A, with some no- ing broad-based stock option, SAR and ESPP mination is in the sole discretion of the em- table exceptions. Company B has a very de- programs simply because these programs ployer and not pursuant to any prior con- tailed performance management system, would not meet all the new requirements in tract. Thus, employers have broad discretion under which all employees successfully section 7(e)(8). Thus, the safe harbor in sec- to make grants as rewards for the past per- meeting the expectations of their job receive tion 2(d) of the Act comprehensively protects

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.029 pfrm01 PsN: H03PT1 H2442 CONGRESSIONAL RECORD — HOUSE May 3, 2000 employers from any liability or other obliga- stock purchase program (as explained in the (c) Effective Date—The amendments made tions under the FLSA for failing to include Explanation of the Bill and Sponsor’s Views), by the bill take effect 90 days after the date any value or income derived from stock op- any value or income received by the em- of enactment. tion, SAR and ESPP programs in a non-ex- ployee as a result of the grants or rights pro- (d) Liability of Employers— empt employee’s regular rate of pay. The vided pursuant to the program that is not al- (1) No employer shall be liable under the safe harbor applies to all grants or rights ready excludable from the regular rate of FLSA for failing to include any value or in- that were obtained under such programs pay under sections 7(e)(1–7) of the Act (29 come derived from any stock option, stock prior to the effective date, whether or not U.S.C. § 207(e)), will be excluded from the reg- appreciation right and employee stock pur- such programs fit within the new require- ular rate of pay, provided the program meets chase program in an non-exempt employee’s ments of section 7(e)(8). If a grant or right the following criteria— regular rate of pay, so long as the employee was initially obtained prior to the effective (8)(A) The employer must provide employ- received the grant or right at any time prior date, it is covered by the safe harbor even ees who are participating in the stock op- to the date this amendment takes effect. (2) Where an employer’s pre-existing stock though it vested later or was contingent on tion, stock appreciation right or bona fide option, stock appreciation right, or em- performance that would occur later. In addi- employee stock purchase program with in- ployee stock purchase program will require tion, normal adjustments to a pre-effective formation that explains the terms and condi- shareholder approval to make the changes tions of the program. The information must date grant or right, such as those that are necessary to comply with this amendment, be provided at the time when the employee triggered by a recapitalization, change of the employer shall have an additional year begins participating in the program or at the control or other corporate event, will not from the date this amendment takes effect time when the employer grants the employ- take the grant or right outside the safe to change its plan without fear of liability. harbor. ees stock options or stock appreciation (3) Where an employer is providing stock On a prospective basis, the sponsors real- rights. options, stock appreciation rights, or an em- ized that many employers would need time (8)(B) As a general rule, the stock option or ployee stock purchase program pursuant to a to evaluate their programs in light of the stock appreciation right program must in- collective bargaining agreement that is in new law and to make the changes necessary clude at least a 6 month vesting (or holding) effect on the effective date of this amend- to ensure that the programs will fit within period. That means that employees will have ment, the employer may continue to fulfill the new section 7(e)(8) exemption. Con- to wait at least 6 months after they receive its obligations under that collective bar- sequently, the sponsors adopted a broad stock options or a stock appreciation right gaining agreement without fear of liability. transition provision to apply to stock op- before they are able to exercise the right for (e) Regulations—the bill gives the Sec- tion, SAR and ESPP programs without re- stock or cash. However, in the event that the retary of Labor authority to promulgate nec- gard to whether or not they meet the re- employee dies, becomes disabled, or retires, essary regulations. quirements for these plans set forth in the or if there is a change in corporate owner- FOOTNOTES legislation. Specifically, section 2(c) of the ship that impacts the employer’s stock or in 1 David Lebow et al., Recent Trends in Compensa- legislation contains a 90 day post enactment other circumstances set forth at a later date tion Practices, Board of Governors of the Federal delayed effective date. The sponsors believe by the Secretary in regulations, the em- Reserve System, Fin. and Econ. Discussion Series, that the vast majority of employers who ployer has the ability to allow its employees No. 1999–32, July 1999. offer stock option, SAR and ESPP programs to exercise their stock options or stock ap- 2 Anita U. Hattinagadi, Taking Stock: $470,000 at to non-exempt employees will be able to use preciation rights sooner. The employer may Risk for Hourly Workers, Employment Policy Foun- offer stock options or stock appreciation dation, Mar. 2, 2000, at 4, and Fig. 2. the transition period in section 2(d)(1) to 3 rights to employees at no more than a 15 per- Any stock option program that meets the criteria modify their programs to conform with the under section 422 of the Internal Revenue Code requirements of the legislation. cent discount off the fair market value of the (called an Incentive Stock Option) is considered a In addition, the sponsors felt that there stock or the stock equivalent determined at qualified option. 26 U.S.C. § 422. were two circumstances where a further ex- the time of the grant. 4 26 U.S.C. § 423. tension of this broad transition relief was ap- (8)(C) An employee’s exercise of any grant 5 29 U.S.C. § 201, et seq. propriate. First, the legislation recognizes or right must be voluntary. This means that 6 29 U.S.C. § 207(a)(1). that some employers would need the consent the employees must be able to exercise their 7 29 U.S.C. § 207(e). 8 stock options, stock appreciation rights or 29 U.S.C. § 207(e)(1). of their shareholders to change their plans. 9 29 U.S.C. § 207(e)(3). Section 2(d)(2) provides an additional year of options to purchase stock under a bona fide 10 Id. transition relief to any employer with a pro- employee stock purchase program at any 11 Id. gram in place on the date this legislation time permitted by the program or to decline 12 29 U.S.C. § 207(e)(4). goes into effect that will require shareholder to exercise their rights. This requirement 13 See e.g., Conference Report on H.R. 5856, H. approval to make the changes necessary to does not preclude an employer from auto- Rept. No. 1453. comply with the new requirements of section matically exercising outstanding stock op- 14 U.S. Dept. of Lab. Bureau of Lab. Statistics, Em- tions or stock appreciation rights at the ex- ployer Costs for Employee Compensation—March 7(e)(8). Second, the legislation extends the 1999, available at ftp://146.142.4.23/pub/news.release/ transition relief to cover situations wherein piration date of the program. ecec.txt. an employers’ obligations under a collective (8)(D) If an employer’s grants or rights 15 A wage-hour opinion letter responds to a request bargaining agreement conflict with the re- under a stock option or stock appreciation for the Department of Labor’s view of how the law quirements of this Act. Section 2(d)(3) elimi- right program are based on performance, the applies to a given set of facts. The letters are avail- nates any potential conflict by allowing em- following criteria apply. able to the public upon request or through commer- ployers to fulfill their pre-existing contrac- (1) If the grants or rights are given based cial reporting services. Opinion letters have significant practical effects: ‘‘[T]he Administrator’s inter- tual obligations without fear of liability. on the achievement of previously established criteria, the criteria must be limited to the pretation . . . has the characteristic not only of se- V. REGULATORY IMPACT STATEMENT performance of any business unit consisting curing ‘expected compliance’ . . . but of possibly The sponsors have determined that the bill stimulating double damage suits by employees who of 10 or more employees or of any sized facil- need not fear that they would be at odds with the would result in some additional paperwork, ity and may be based upon that unit’s or fa- time and costs to the Department of Labor, Government Officials involved.’’ National Auto- cility’s hours of work, efficiency or produc- matic Laundry & Cleaning v. Schultz, 143 U.S. App. which would be entrusted with implementa- tivity. An employer may impose certain eli- D.C. 274 (D.C. Cir. 1971). tion of the Act. It is difficult to estimate the gibility criteria on all employees before they 16 Letter from Daniel F. Sweeney, Office of En- volume of additional paperwork necessitated may participate in a grant or right based on forcement Policy, Fair Labor Standards Team, Wage by the Act, but the sponsors do not believe these performance criteria, including length & Hour Division, Feb. 12, 1999. that it will be significant. 17 Hearing on the Treatment of Stock Options and of service or minimum schedules of hours or Employee Investment Opportunities Under the Fair VI. SECTION-BY-SECTION ANALYSIS days of work. Labor Standards Act before the House Committee on Sec. 2. (a) Amendments to the Fair Labor (2) The employer may give grants to indi- Education and the Workforce, Subcommittee on Standards Act—The legislation amends Sec- vidual employees based on the employee’s Workforce Protections, 106th Cong. 2d Sess. Mar. 2, tion 7(e) of the Fair Labor Standards Act of past performance, so long as the determina- 2000 (Statement of T. Michael Kerr, at 4–5). 1938 (29 U.S.C.§ 207(e)) by creating a new sub- tion remains in the sole discretion of the em- 18 Id. at 5. The testimony also noted that the pro- section, 7(e)(8), which will exclude from the ployer and not according to any prior con- gram’s automatic exercise feature prevented the em- definition of the regular rate of pay any in- tract requiring the employer to do so. ployees’ participation from being voluntary, as required under the Division’s rules for thrift savings come or value nonexempt employees derive (b) Extra Compensation—The bill amends programs. from an employer stock option, stock appre- section 7(h) of the Fair Labor Standards Act 19 Letter from Daniel F. Sweeney, Office of En- ciation right, or bona fide employee stock (29 U.S.C. 207(h) to make clear that the forcement Policy, Fair Labor Standards Team, Wage purchase program under certain cir- amounts excluded under section 7(e) of the & Hour Division, Feb. 12, 1999. cumstances. Specifically, the legislation bill are not counted toward an employer’s 20 Hearing on the Treatment of Stock Options and adds the following provisions to the end of minimum wage requirement under section 6 Employee Investment Opportunities Under the Fair Section 7(e) of the Fair Labor Standards Act: of the Fair Labor Standards Act and that the Labor Standards Act before the House Committee on Education and the Workforce, Subcommittee on (8) The new exclusion provides that when amounts excluded under sections 7(e)(1–4) Workforce Protections, 106th Cong. 2d Sess. Mar. 2, an employer gives its employees an oppor- and new section 7(e)(8) are not counted to- 2000 (Statement of J. Randall MacDonald, at 2). tunity to participate in a stock option, stock ward overtime pay under section 7 of the 21 Id. (addendum to statement of Patricia appreciation right or a bona fide employee Act. Nazemetz, Letter from Gary J. Bonadonna, Director

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.031 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2443 & International Vice President, UNITE, February 22, program. Employees must have a basis under the grant’s terms, nor may an 2000). 22 Id. (statement of T. Michael Kerr, at 7). for assessing the value and the risk in- employer make such an offer arbi- 23 26 U.S.C. § 423. herent in the choices they face. trarily to some employees without re- Mr. Speaker, I reserve the balance of This legislation provides that em- gard to their duties. my time. ployers may sell stock options or stock As is generally the case under cur- Mr. OWENS. Mr. Speaker, I yield my- appreciation rights to employees at a rent law with regard to performance self such time as I may consume. discounted rate but that the discount bonuses, an employer may offer pro- Mr. Speaker, I rise in support of the may not be greater than 15 percent of gram participation to individual em- Worker Economic Opportunity Act. It the market value of the stock. This ployees based upon the employee’s past is kind of complicated so I think it is provision applies equally to closely performance. The intent is to enable important that the record reflect that held companies as well as publicly the employers to reward employees for we understand those complications. traded companies. Necessarily then past service. This provision is not in- Stock option programs have existed stock appraisals by closely held compa- tended to undermine or supersede limi- for decades, but traditionally they nies may become subject to review. tations applicable to grants that are conditioned upon future performance. have only been provided to top execu- b 1300 tives. Laudably, in recent years a num- Stock-option programs are new ave- ber of companies have expanded these The legislation provides that there nues for the front-line worker; how- programs to cover rank and file work- must be at least a 6-month period be- ever, the right to overtime remains ers. However, when this practice was tween the grant of stock option or protected by the Fair Labor Standards brought to the attention of the Depart- stock appreciation right and the date Act for the same group of employees. ment of Labor, it correctly found that on which that right is exercisable. This The overtime law plays a more important role in the daily lives of Amer- in many cases income earned by work- requirement is waived in cases involv- icans than any other provision of labor ers participating in these kinds of pro- ing an employee’s death, disability, re- law. It guarantees that workers will be grams do not qualify within any of the tirement, or a change in corporate fairly compensated when they are re- existing statutory exemptions for ex- ownership or in other circumstances quired to work excessive hours. It cre- clusion from overtime. permitted by regulation. As a general matter, ignorance of or The limitation on stock discounts ates more job opportunities for work- disregard for the law should not serve and the 6-month holding period, taken ers. It ensures that workers will have to justify its violation. In this in- together, reflect the intention that enough time away from work to meet family and personal responsibilities. As stance, however, I fully concur that some level of risk be assumed by em- women enter the workforce in increas- speculative stock options should not be ployees in order that this legislation ing numbers, the overtime law has be- subject to overtime and that invoking does not serve as an incentive for em- come even more vital to the health of the requirements of the law at this late ployers to convert wages to stock op- American families. date ex post facto would be unfair and tions as a means of evading overtime. Where an employee separates from This legislation is necessary to ac- unwise. commodate the increasing participa- This legislation provides that if cer- employment with an employer, wheth- tion of rank and file workers in stock tain conditions are met, income earned er voluntarily or involuntarily, over- programs. This legislation is not in- by workers as a result of participation time is no longer an issue. In my view, tended to otherwise weaken or to di- in certain recognized option programs, it is, therefore, wholly appropriate for minish the vital protection afforded stock appreciation programs, or bona the 6-month holding period requirement to be waived in such instances. workers under the FLSA and should be fide employee stock purchase pro- interpreted in the manner that is con- grams, shall not be counted for the Finally, while many refer to the 6- month period as a vesting period, the sistent with the intent and remedial purpose of calculating overtime. purposes of the Fair Labor Standards The legislation is not intended to use of the term vesting is not accurate. The only requirement imposed by this Act. alter or to undermine in any way any Mr. Speaker, I reserve the balance of legislation is that an employee may other existing protection afforded to my time. workers under the overtime provisions not exercise a grant for at least 6 Mr. GOODLING. Mr. Speaker, I yield of the Fair Labor Standards Act. By months. 4 minutes to the gentleman from Cali- This legislation provides that an em- the same token, income from stock op- fornia (Mr. CUNNINGHAM) who has tion-type programs that is already ex- ployer may not condition the offer of a worked tirelessly to bring this legisla- empt from the overtime calculation is stock program based on an employee’s tion to the floor. not intended to be affected by this leg- future performance unless such an offer Mr. CUNNINGHAM. Mr. Speaker, as islation. That income remains exempt. is made to all employees in a facility a lead House sponsor of H.R. 4182, I rise Stock programs vary widely in their or in a business unit consisting of at in strong support today of this iden- structure. This legislation is not in- least 10 employees. tical Senate counterpart, S. 2323. Origi- tended to impose a single structure on An exception to this rule is provided nally, we came up with an idea based such programs but has been broadly to permit employers to condition offers on the 1938 language, and thanks to the crafted to try to accommodate their upon length of service or minimum gentleman from Pennsylvania (Mr. variety. Consequently, the bill is solid schedule of hours or days of work. The GOODLING) and the gentleman from with regard to certain definitions and purpose of the exception is to permit North Carolina (Mr. BALLENGER), the implementation issues, and broad regu- employers to distinguish between part- subcommittee chairman, and the rank- latory authority has been given to the time and full-time employees or being minority member, they had hear- Department of Labor to implement the tween employees on temporary or pro- ings with an attempt to match this not legislation. bationary status and those on perma- only with the Senate, but with the De- The legislation requires that employ- nent status. partment of Labor and with the White ees must be informed of the terms and The purpose is not to permit employ- House in a very bipartisan way. conditions of any grants made to em- ers to target offers predicted on future Mr. Speaker, I think the outcome in ployees and that the employees must performance to a single employee or to the Senate of 95 to 0 vote shows the be able to voluntarily exercise any require employees to work overtime as work that went forward on this bill, grant or right offered by the employer. a condition of participation. not only from Republicans but Demo- The intent of these provisions is to en- Likewise, the term business unit is crats, the White House and the Labor sure that employees are able to knowl- intended to be meaningful. Assuming Department as well. edgeably and freely determine whether an offer is made on less than a Why would we do this? Well, when they wish to participate in the pro- facilitywide basis, an employer may the 1938 legislation first came about, gram before they are required to do so not make an offer that is conditioned they did not know that every day you and that they are able to knowledge- on future performance if that offer ex- pick up a newspaper that there is jobs ably and freely exercise such rights and cludes some employees within a busi- wanted in there that offer stock op- options as they are afforded within the ness unit who are otherwise eligible tions; whether it is medical benefits;

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.033 pfrm01 PsN: H03PT1 H2444 CONGRESSIONAL RECORD — HOUSE May 3, 2000 whether it is stock options or safety sidiaries, including approximately 10,000 ASSOCIATION OF PRIVATE PENSION programs within the workplace, work- small manufacturers and 350 member asso- AND WELFARE PLANS, ers look at these things when they se- ciations, located in every state. On behalf of Washington, DC, April 19, 2000 Hon. J. C. WATTS, lect those jobs to help their families. our member companies, we ask you to cosponsor and support H.R. 4182, the Worker Chairman, House Republican Conference, This bill provides for that. Economic Opportunity Act. H.R. 4182 is a bi- Longworth House Office Building, Washington, This will affect over 65 million Amer- partisan bill, sponsored by Representatives DC. icans, union, nonunion, private individ- CUNNINGHAM (R–CA), JIM MORAN (D–VA), DEAR REPRESENTATIVE WATTS: I am writ- uals, public individuals. They want a CASS BALLENGER (R–NC), TIM ROEMER (D–IN) ing on behalf of the Association of Private piece of the rock, and I laud those indi- and many more of their colleagues, which Pension and Welfare Plans (APPWP—The viduals who have helped with this. simply ensures that non-exempt (hourly) Benefits Association) to ask you to co-spon- Profits from stock options have been workers can continue to receive stock op- sor and support H.R. 4182, the Worker Eco- tions and other equity-participation pro- taken to account for too long, Mr. nomic Opportunity Act, a bipartisan bill to grams. Speaker, and I want to thank person- ensure that rank and file employees continue ally the gentleman from California H.R. 4182 is needed because of a February to benefit from stock ownership programs. A 1999 compliance letter by the Department of (Mr. KUYKENDALL); the gentleman from companion bill (S. 2323) has already passed Labor’s (DOL) Wage and Hour Division that the Senate by a 95 to 0 vote and the legisla- Virginia (Mr. DAVIS); the gentleman placed stock options and other equity-par- tion enjoys the support of the Clinton Ad- from California (Mr. OSE); the gen- ticipation programs for hourly workers in ministration. tleman from California (Mr. jeopardy. It required employers to recal- BALLENGER), chairman of the com- culate overtime pay based on profits realized APPWP is a public policy organization rep- mittee; the gentleman from Virginia when an employee exercises the stock op- resenting principally Fortune 500 companies and other organizations that assist employ- (Mr. MORAN); on the Democrat side, the tions. In response to the letter, many compa- gentleman from California (Mr. nies have already put their programs on hold ers of all sizes in providing benefits to em- until there is legislative clarification. If ployees. Collectively, APPAP’s members ei- DOOLEY); the gentleman from Indiana hourly employees are to continue to receive ther sponsor directly or provide services to (Mr. ROEMER); the gentlewoman from these options, the House needs to act swiftly. employees benefit plans that cover more California (Ms. ESHOO). And I say to This bipartisan bill has already passed the than 100 million Americans. the gentleman from New York (Mr. Senate by a 95–0 margin and enjoys the Many stock option and stock participation OWENS) there is not but a handful of strong support of the Department of Labor. plans, which extend the benefits of equity issues that we agree on in a year, but On behalf of our members and their em- ownership to working Americans at all in- ployees, the NAM thanks you in advance for this is one where we come together in come levels, are in jeopardy due to an opin- your support of H.R. 4182, The Worker Eco- support of it. I would like to thank the ion letter issued by the Department of Labor gentleman as well. nomic Opportunity Act. Sincerely, (DOL) in February 1999. The opinion letter Mr. Speaker, I want to also thank PATRICK J. CLEARY. stated that the Fair Labor Standards Act Senator MCCONNELL on the Senate side (FLSA) requires any stock option profits that drove this. In an election year, it earned by a non-exempt employee to be in- UNION OF NEEDLETRADES, cluded in that employee’s regular rate of pay is not important who takes credit for INDUSTRIAL AND TEXTILE EMPLOYEES, this thing, it is the workers and the Rochester, NY, February 22, 2000. for purposes of calculating overtime. The practical result of this unexpected ruling is families that benefit from this bill. I TO WHOM IT MAY CONCERN: I am writing on that employers will feel compelled to ex- want to thank those individuals. This behalf of UNITE and its approximately 5,300 clude their non-exempt employees from will help protect the dot-coms of Amer- United States bargaining unit employees broad-based stock ownership plans or not ica. covered by a contract with Xerox Corpora- tion. It is our understanding that Congress is offer such plans at all. To its credit, the DOL Another issue is where for example, recognizes that this result is not beneficial the biotechs, we have had to bring in currently considering legislation to clarify the Fair Labor Standards Act (FLSA) treat- to workers but has stated that only legisla- Ph.D.s for biotech industries from ment of stock options and other forms of tive action can reverse the ruling. H.R. 4182, other countries. I think that is a crime stock grants in computing overtime for non- introduced by Representatives ‘‘Duke’’ to where our education system does exempt workers. Xerox’ UNITE chapter Cunningham (R-CA), Jim Moran (D-VA), and not provide for our people to take would strongly urge Congress to pass legisla- Cass Ballenger (R-NC), is the product of bi- those jobs, Americans to take those tion exempting stock options and other partisan discussions and agreement with the workers, but yet when they brought in forms of stock grants from the definition of DOL and provides the necessary revisions to other doctors and Ph.D.s, there is a the regular rate for the purpose of calcu- the FLSA. group that wanted to tax that as real lating overtime. APPWP believes that broad-based stock income, because they did not have the It is only recently that Xerox has made ownership plans provide important benefits cash flow to do that, it prohibited bargaining unit employees eligible to receive to American workers. Such plans make those companies from helping with both stock options and stock grants. With- workers corporate owners, can serve as a sig- out a clarification to the FLSA, we are nificant vehicle for wealth accumulation and medical research. afraid Xerox may not offer stock options or This is a good bill, Mr. Speaker, a lot enhance retirement security. As the at- other forms of stock grants to bargaining tached fact sheet shows, stock ownership and of good people worked on it on both unit employees in the future. In addition, its benefits are spreading to all levels of the sides of the aisle, the White House, and without such a change in the law if options workforce and across the entire spectrum of with the Department of Labor. are granted there could be tremendous dif- American industry. Despite these positive ferentials in the amount of overtime each in- Mr. Speaker, I want to specifically developments, many employers are now dividual employee receives based on what he thank the gentleman from California caught in the quandary of how, or even or she decides, to exercise an option or sell (Mr. KUYKENDALL), for his effort in whether, to proceed with extending equity stock. However, our position that stock options ownership to rank-and-file employees. this; the gentleman from North Caro- should be exempt from the regular rate for pur- Therefore, quick passage of H.R. 4182 is nec- lina (Mr. BALLENGER), who worked tire- poses of overtime in no way diminishes our posi- essary. Your commitment to join 37 other lessly on this, and the gentleman from tion that bargaining unit employees must House members as a co-sponsor of H.R. 4182 California (Mr. ROGAN) and the gen- have the right to receive overtime pay for ac- will help achieve this goal and ensure that tleman from California (Mr. BILBRAY), tual hours worked. non-exempt employees will continue to be el- my seatmate down in San Diego. As we begin the 21st century, UNITE hopes igible for stock ownership programs. Washington, DC, April 27, 2000. more companies will begin to provide all Hon. RANDY ‘‘DUKE’’ CUNNINGHAM, their employees with stock options and Thank you for your consideration of this House of Representatives, other forms of stock, it is a great way to as- important matter. If we can provide more in- Rayburn House Office Building, Washington, sure that when the company does well the formation or answer any questions you may DC. employees share the reward through em- have, please contact James Deleplane, DEAR REPRESENTATIVE CUNNINGHAM: The ployee ownership. Thank you for your con- APPWP’s Vice President, Retirement Policy, National Association of Manufacturers sideration of this matter. at [email protected] or (202) 289–6700. (NAM) is the nation’s largest, broad-based Sincerely, Sincerely, industrial trade group. Our membership in- GARY J. BONADONNA, JAMES A. KLEIN, cludes more than 14,000 companies and sub- Director, International Vice President. President.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.105 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2445

STOCK OPTION BILL UNANIMOUSLY APPROVED over the period of time between the granting islation will benefit millions of working BY SENATE; LPA-BACKED LEGISLATION and exercise of the options. This costly and Americans by facilitating the continued ex- MOVES TO HOUSE administratively complex process will cause pansion of equity-based compensation pro- BIPARTISAN BILL BACKED BY LABOR DEPART- many employers to cease offering stock op- grams. It should be enacted without delay. MENT CORRECTS LAW DISCOURAGING EMPLOY- tions and similar employee equity programs Thank you for considering our views. ERS FROM PROVIDING STOCK, STOCK OPTION to their nonexempt workers. Please feel free to call on us if you have any PROGRAMS TO HOURLY EMPLOYEES Clearly, the Fair Labor Standards Act questions or need additional information. must be modernized to reflect the fact that Very truly yours, APRIL 12, 2000—Today, LPA praised the many of today’s hourly workers receive MARK J. UGORETZ, Senate’s passage of the Worker Economic stock options. For this reason, the Chamber President. Opportunity Act (S. 2323), bipartisan legisla- strongly supports S. 2323, legislation that INFORMATION TECHNOLOGY tion that would amend the Fair Labor would exempt stock options and similar pro- INDUSTRY COUNCIL, Standards Act of 1938 (FLSA) to ensure that grams from the regular rate of pay for non- Washington, DC, May 2, 2000. employers can continue to offer stock op- exempt workers. This carefully crafted legis- Hon. RANDY CUNNINGHAM, tions to non-exempt employees without fear lation will provide certainty to employers House of Representatives, of violating overtime requirements. Many who want to increase employee ownership Washington, DC. stock and stock option programs had been and equity building by offering stock options DEAR CONGRESSMAN CUNNINGHAM: I am placed on hold when companies learned last and similar programs to their hourly work- writing to thank you for your leadership December about a potential conflict with the ers. The bill is broadly supported by mem- during House consideration of S. 2323, the FLSA. That conflict would require overtime bers from both sides of the ideological spec- Worker Economic Opportunity Act. I would payments to be calculated retroactively trum, as well as the U.S. Department of also like to let you know that ITI antici- based on profits earned through stock option Labor. pates making the vote on final passage of S. programs. We urge prompt enactment on S. 2323, 2323 a ‘‘key vote’’ for our 106th Congress According to Jeff McGuiness, President of which will help millions of American work- High-Tech Voting Guide. LPA, ‘‘We are very pleased that the Senate ers build equity in the companies for which ITI is the association of leading U.S. pro- has come to the rescue of tens of thousands they work. viders of information technology products of working Americans who receive stock and Sincerely, and services. It advocates growing the econ- stock options from their employers. We ap- R. BRUCE JOSTEN. omy through innovation and supports free- plaud its effort to ensure that companies will market policies. ITI members had worldwide be able to continue to offer broad-based THE ERISA INDUSTRY COMMITTEE, revenue of more than $440 billion in 1998 and stock option programs. Because proxy season Washington, DC, May 1, 2000. employ more than 1.2 million people in the is upon us, we hope the House will act quick- DEAR REPRESENTATIVE: The ERISA Indus- United States. The High-Tech Voting Guide ly on this important bill so that stock pro- try Committee (ERIC) strongly urges you to is used by ITI to measure Members of Con- grams can be resumed.’’ Labor Secretary support H.R. 4182, the ‘‘Worker Economic Op- gress’ support for the information tech- Alexis Herman has indicated that she will portunity Act.’’ H.R. 4182 is expected to come nology industry and policies that ensure the strongly recommend that the President sign before the House for a vote during the week success of the digital economy. At the end of the bill if it reaches his desk. of May 1. Timely enactment of this legisla- the 106th Congress, key votes will be com- Senators Mitch McConnell (R-KY) and tion is critical to the continued viability of piled and analyzed to assign a ‘‘score’’ to Chris Dodd (D-CT) introduced S. 2323 in broad-based stock options and other similar every Member of Congress. March. Rep. Duke Cunningham (R-CA) has programs that provide employees with eq- We believe that passage of this legislation introduced an identical bill (H.R. 4182) in the uity ownership in the companies for which is an important piece in ensuring the future House. they work. growth of our industry and the nation’s The need for legislation became apparent Introduced April 5 by Representative economy. As you know, today more and after the Department of Labor’s Wage and Randy ‘‘Duke’’ Cunningham, the ‘‘Worker more working Americans worker are receiv- Hour Division advised an employer to in- Economic Opportunity Act’’ enjoys strong ing stock options. The Worker Economic Op- clude employees’ stock option profits as part bipartisan and bicameral support. The bill is portunity Act updates the Fair Labor Stand- of base pay for the purposes of calculating the result of a cooperative effort between ards Act to guarantee that rank-and-file em- overtime. The additional administrative bur- congressional leaders, the Department of ployees and management can share in their den imposed by such calculations and the li- Labor, and the business community. The employer’s economic well being in the same ability arising from making them incor- Senate unanimously passed its companion to manner. rectly has resulted in a large number of com- H.R. 4182 on April 12. We look forward to working with you on panies suspending future employee equity Stock options increasingly are available to other issues important to the information programs. a broad range of employees, not just execu- technology industry. LPA is a public policy advocacy organiza- tives. A recent survey by William M. Mercer, Best regards, tion representing human resource executives Inc., reports a better than twofold increase RHETT DAWSON, of more than 200 leading companies doing since 1993 in the percentage of major indus- President. business in the United States, many of whom trial and service corporations that have a Mr. OWENS. Mr. Speaker, I yield 2 give stock options to hourly employees. Col- broad-based stock option plan. lectively, LPA members, many of whom have In spite of the growing enthusiasm for em- minutes to the gentleman from Cali- substantial numbers of employees rep- ployee equity ownership among employers fornia (Mr. DOOLEY). resented by labor unions, employ more than and employees, an advisory letter inter- Mr. DOOLEY of California. Mr. 12 percent of the private sector workforce in preting current law issued by the Depart- Speaker, I rise today in support of H.R. the United States. ment of Labor’s Wage and Hour division has 4182, a bipartisan effort to address a effectively stopped this movement in its problem that could impede advance- CHAMBER OF COMMERCE tracks. ments in many sectors of our economy. OF THE UNITED STATES OF AMERICA, According to the Department’s interpreta- In many ways this legislation I think Washington, DC, May 2, 2000. tion of the Fair Labor Standards Act (FLSA) Hon. RANDY ‘‘DUKE’’ CUNNINGHAM, of 1938, and gains from the exercise of stock is a reflection of the transition our Rayburn House Office Building, options recognized by rank and file workers economy is making from an industrial- Washington, DC. must be included in their ‘‘regular rate of based economy to an information- DEAR REPRESENTATIVE CUNNINGHAM: I am pay’’ for purposes of computing overtime based economy. We are seeing some of writing to commend you on your leadership wages. Thus, in order to comply with the the most rapid growth in our economy role in bringing to the floor of the House S. Wage and Hour Division’s interpretation of now in this information sector, where a 2323, the Worker Economic Opportunity Act. the FLSA, employers would be required to lot of those companies are making As you know, this bill passed the Senate by track stock options granted to rank and file great efforts to recruit talent and per- a vote of 95–0 in April, and is identical to employees and recalculate their overtime H.R. 4182, which you introduced along with payments once the options have been exer- sonnel by offering them a stake in the seven other original co-sponsors from both cised. company. By ensuring that stock op- sides of the aisle. The Chamber strongly sup- No rational employer will subject itself to tions can be available not only to man- ports this bipartisan legislation, which will this impracticable burden. As a result, rank agement, but to employees, we are help millions of hourly workers retain or ob- and file workers will be denied the valued op- going to ensure that that employee tain stock options. portunity to become a stakeholder in their will have the opportunity to benefit Last year, the U.S. Department of Labor employer’s future. issued a letter ruling stating that companies H.R. 4182 is narrowly tailored to directly from the technology and the product providing stock options to their employees address the issues raised by the Wage and development that is adding so much must include the value of those options in Hour Division’s advisory letter without com- wealth to our entire economy. the base rate of pay for hourly workers. Em- promising any long-standing worker protec- I am real pleased that this legislation ployers must then recalculate overtime pay tions under FLSA. Most important, this leg- will certainly benefit not only the

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.037 pfrm01 PsN: H03PT1 H2446 CONGRESSIONAL RECORD — HOUSE May 3, 2000 technology sector, but also a lot of other aisle for their cooperation in problem of training workers so those other companies on the more manufac- working together on this piece of legis- workers could make the salaries and be turing side of things, who are seeing lation. eligible for the stock options we are some examples of how they too can I think the bipartisan cooperation of talking about today. reach out to make their employees this legislation shows that both parties Mr. Speaker, I reserve the balance of more a part of their efforts to move are willing to go into the rest of this my time. forward. age of information and to continue on b 1315 Mr. Speaker, I just want to join the to what I call the cyber-civilization Mr. OWENS. Mr. Speaker, I reserve chairman and the ranking member in and make the necessary adjustments to the balance of my time. their efforts in bringing this bill to the various factors in our economy. But I think it is important to note that the Mr. GOODLING. Mr. Speaker, I yield floor, and thank all of the efforts of the myself 30 seconds, just to indicate that gentleman from California (Mr. administration and other Members if we in the Congress of the United Cunningham) said that it is a crime that have joined in support of this leg- States refuse to admit that billions and that large numbers of foreign workers islation. billions, hundreds of billions of dollars are being imported and that they will Mr. GOODLING. Mr. Speaker, I yield that we have spent on education from be occupying these high-paying jobs, 2 minutes to the gentleman from North the Federal level have not closed the they will be getting these stock op- Carolina (Mr. BALLENGER), the sub- academic achievement gap one little tions, and large numbers of our own committee chair responsible for this tiny bit, and if we will not admit that workforce will be denied the oppor- legislation. those programs have failed, I do not tunity because they do not have the Mr. BALLENGER. Mr. Speaker, I am care how much money we spend or how pleased today to rise in support of this proper education and training. So at a many more programs we introduce, act, a bipartisan bill to protect the time when our economy is leaping failure is bound to follow as it has over stock option programs for rank and file ahead and there is unprecedented pros- the last 30 years. employees. perity, and we heard recently that the Mr. Speaker, I yield 3 minutes to the Stock option programs can be config- budget surplus is going up since we gentleman from Ohio (Mr. BOEHNER), ured in a variety of ways and are re- were on recess and came back, the the other subcommittee chair of the ferred to by different names, but all budget surplus is going up, I think they labor side of our committee. the programs share similar objectives, expect about $200 billion surplus this Mr. BOEHNER. Mr. Speaker, team- to reward employees, to provide owner- year or more, and over the next 10 building is replacing bureaucracy ship in the company, and to attract years you may have a $2 trillion sur- throughout our country. That is really and maintain a motivated workforce. plus, it is a crime that we do not have what we define today as the New Econ- In testimony before my Sub- the kind of education system which omy. New Economy companies are not committee on Workforce Protections will develop and train the workers who just high-tech firms. They are compa- earlier this month, witnesses discussed can take the jobs that are paying so nies that understand the value of their how stock ownership programs are now well that they offer stock options in workforce as a team and organize available to more and more employees. addition to regular salaries. themselves around team dynamics. In the past, such programs were used to This great budget surplus that we an- That goes for companies that make reward executives, top management ticipate, if we were only to take 10 per- sofas in southwestern Virginia, as well and other key employees. However, cent of it for education, just 10 percent, as companies that make Internet serv- there has been a dramatic increase in we could deal with these 21st century ers in Silicon Valley. the past several years in the number of problems of large numbers of vacancies A critical part of team-building is companies offering broad-based em- in industries which require highly edu- getting everyone on the same page, ployee ownership plans to rank and file cated workers. Just 10 percent. I would making sure everyone is motivated by employees. say 5 percent for the all-important ac- common interests. By making the em- The Department of Labor’s recent in- tivity of school construction, school re- ployee a shareholder, stock options terpretation saying that stock options pairs, various things related to school also make them valued team members may be part of an employee’s ‘‘regular infrastructure, because part of the who see their interests and those of the rate,’’ threatened to undermine the training process requires that you have rest of their team as one and the same. ability and willingness of employers to the facilities and you have the equip- Our subcommittee held a hearing in make stock options available to their ment. March on another stock options-re- own nonexempt employees. Ms. Abigail There is a great need for capital in- lated measure, one that I introduced Rosa, an employee who testified at the vestment in our schools in order to get last winter. One of the witnesses at our hearing, expressed concern that the De- the workforce trained who would be hearing was Timothy Byland, a sales partment of Labor’s interpretation of able to take advantage of such lucra- employee with a San Diego-based the law would force companies to do tive items as stock options, as well as Internet firm. Tim told our committee, away with stock option programs for higher paying jobs. Take 5 percent for and I quote, ‘‘Stock options are a way employees who are covered by the over- physical infrastructure and deal with of sharing the gains of the business time law. the problem that the National Edu- with those responsible for those gains. Allowing hard-working rank and file cation Association has cited as requir- With stock options, I am part of that employees to share in the growth of ing $254 billion. Their survey, their re- shared success. I am rewarded for the their companies is good for morale, port, shows that we need $254 billion to contributions I make and I am moti- good for families, and good for the bring the infrastructure of the public vated to make them.’’ country. I am pleased that we were school systems up to a level where they Stock options are part of almost any able to work together to fashion a bill can take care of the present popu- employee compensation package in the that updates the 1938 labor law. We lation. We are not talking about long- high-tech sector today, but increasing have a bill that fosters stock option term enrollment projections. $254 bil- numbers of more established compa- plans and has the FLSA taking a baby lion is needed at this point to do that. nies today are recognizing the value of step into the 21st century. We have it. Money is not the prob- helping employees become share- This bill represents the hard work lem. It is there in the surplus. I am not holders, giving them an unprecedented and attention of many Senators and asking for that much, but I think we chance to share in their company’s per- Members of the House on both sides of ought to reserve 10 percent for edu- formance and profits. These companies the aisle, as well as the Department of cation. Five percent of $2 trillion would range from 3M to Pepsi to Merrill Labor, and I urge my colleagues to be like $20 billion. Five percent of $2 Lynch, Citigroup and CBS. vote for this legislation. trillion would be $10 billion for con- In short, Mr. Speaker, stock options Mr. OWENS. Mr. Speaker, I yield my- struction and another $10 billion for just are not for the executive anymore. self such time as I may consume. other educational improvements. $20 This is a new economy with new oppor- Mr. Speaker, I would like to express billion a year reserved out of the pro- tunities for workers at every step my gratitude to the gentlemen on the jected surplus would take care of the along the pay scale.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.051 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2447 The Labor Department’s current pol- wages and benefits are going up; and, of (Mr. DAVIS), for being one of the first icy on stock options for overtime em- course, it is all because of the in- people to bring that up, and as I said, ployees illustrates how out of step creased productivity that we are seeing the gentleman from California (Mr. Washington’s rules are with the oppor- throughout our workforce. CUNNINGHAM) and the gentleman from tunities of the new economy. It is a This is not just because of techno- Pennsylvania (Mr. GOODLING), and all throwback to the old days when stock logical advances; it is achieved by im- of the other speakers, and the gen- options were available to almost no proving the way in which employees tleman from New York (Mr. OWENS). It one except top executives. work together. When employers and is both sides of the aisle, and this is the If fully implemented, this policy employees share the same goals, which way we get things done, and this is would be a dramatic step backward. It is the success of a business, then pro- very important for our economy. would needlessly discourage employers ductivity increases. Employees and Mr. GOODLING. Mr. Speaker, I yield from granting stock options to hourly employers both win, and of course the 1 minute to the distinguished gen- employees. It would limit opportuni- American economy wins too. That is tleman from Texas (Mr. SAM JOHNSON), ties for millions of workers to build why we have this enormous surplus. We a member of the committee. greater wealth and, most importantly, are finally going to be able to stop pay- Mr. SAM JOHNSON of Texas. Mr. retirement security. ing down the debt, investing in edu- Speaker, it is a rare occasion when we Swift passage of this measure today cation and research, and setting aside agree with the Department of Labor on will remove a major Federal obstacle money for our retirement. It is all be- legislation, but today we do. This bill to the vision of a shareholder society cause we have this tremendously more will ensure that all employees, includ- shared by many members on both sides productive economy. ing rank and file workers, are allowed of the political aisle. It will also help As one example, let me just share an to participate in employee-provided to ensure continued movement toward example. One large company that dis- stock option programs. a regulatory system that reflects the tributed food products was losing mil- With the advent of new technology opportunities of the 21st century, and lions of dollars each year because of and Internet companies that offer it will pave the way for us to address very low recycling rates. So when it stock options to lure the best and the some other problems that current law imprinted the logo for its stock option brightest, we must make sure that out- poses for rank and file workers with program on all of its products, the re- dated laws do not stifle our growth and stock options such as the IRS Tax Code cycling rates went up to 99 percent; 99 innovation. dual taxation of nonqualified stock op- percent got recycled. It was because It is unfair to allow only top executions. the employees realized that recycling tives to participate in these stock op- Mr. Speaker, I commend the gen- boxes and other waste products saved tions, excluding those who provide the tleman from North Carolina (Mr. the company millions, that improved labor for the same company, but on an BALLENGER), the gentleman from Penn- the bottom line and consequently, the hourly basis. I believe rank and file sylvania (Mr. GOODLING), and all of the stock price. employees deserve the chance to make No longer are stock options exclu- Members who have worked on this bill, their fortune, secure their retirement, sively for the CEO and top manage- and I urge all of my colleagues to sup- and increase opportunities for savings. ment. Two-thirds of large companies port it today. The time is long overdue to help mil- give options to portions of their non- Mr. OWENS. Mr. Speaker, I yield 5 lions of workers and employees achieve executive workforce, and over one- minutes to the gentleman from Vir- the American dream. fourth of those companies give options ginia (Mr. MORAN). Mr. GOODLING. Mr. Speaker, I yield to all of their employees. Mr. MORAN of Virginia. Mr. Speak- 1 minute to the gentleman from Vir- Stock options unite employees. Some er, I thank the distinguished gen- ginia (Mr. DAVIS), another Member who businesses have stock tickers in their tleman from New York for yielding me cafeterias. When the price is up, the worked hard on this legislation. this time. (Mr. DAVIS of Virginia asked and employees all feel a sense of achieve- Mr. Speaker, as the lead Democratic was given permission to revise and ex- ment. When it is down, they know they sponsor of the House version of this tend his remarks.) have more work to do. It overcomes di- bill, the Stock Options Preservation Mr. DAVIS of Virginia. Mr. Speaker, visions that oftentimes pit employees Act, I want to thank all of the people the Department of Labor’s opinion let- against employers, and that is better in both Chambers and particularly on ter that was issued in February was for all of us. It promotes a sense that both sides of the aisle who put aside really outrageous. The letter stated employees from the CEO to the line partisanship and traditional turf bat- worker in all parts of the country are that the Fair Labor Standards Act did tles to get this important legislation part of the same team. not allow the value of stock options to passed into law. Particularly, I want to This has been a long time in coming, be excluded from the calculation of a thank the gentleman from California but when we can work as a team and nonexempt worker’s overtime pay. (Mr. CUNNINGHAM) and the gentleman we can stop that gap between manage- Now, this had not been a problem in 20 from Virginia (Mr. DAVIS), who reached ment and the workforce, we are all bet- years. When I was a corporate execu- out to Members on both sides of the ter off. This new economy should bring tive and we were giving stock options aisle and worked with the administra- increased opportunities for all Amer- to nonexempt employees, we did it tion to craft meaningful, substantive ican workers. Stock option programs with the idea of they being owners of legislation. I wish we could do more of provide that opportunity by making companies. this. Not only is this a substantive workers into owners, investing them in The effect of this rule and regulation piece of legislation, but it also ought to the success of the business. would have been that many workers be an example of how we can do things The administration has endorsed this who are salaried employees would no when we can get together in a bipar- bill, the Senate passed it unanimously, longer be eligible for stock options, tisan way. and I strongly support it, and I trust it that they were going to be deprived of What drove this, of course, was the will pass unanimously. This is what their piece of the American dream: understanding that in business, there the new economy should be all about homeownership, to be able to build eq- is only one way to increase total com- and what the American workforce uity, and get the kind of income that pensation without raising inflation, should be all about, being invested exempt workers were routinely get- and that is increasing productivity. In- more in the product, in the efficiency ting. That was the effect of that deci- creased productivity means that work- and the effectiveness of the way in sion. ers can take home more and that busi- which we develop a product and not Unfortunately, it created a lot of un- nesses can earn more. It represents a just in the process. We are all part of certainty within the business commu- win/win scenario and is directly respon- this economy, and workers need to be nity. When this was brought to the at- sible for the tremendous economic owners. Stock options are enabling us tention of the higher-ups, Congress growth we have experienced over the to achieve that. started to act and the administration last 8 years. It has been unbelievable to Again, I want to congratulate my moved into gear. We appreciate every- be able to keep inflation down, while colleague, the gentleman from Virginia body working together now to bring

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.053 pfrm01 PsN: H03PT1 H2448 CONGRESSIONAL RECORD — HOUSE May 3, 2000 this legislation where it is today. I Mr. KUYKENDALL. Mr. Speaker, I been the same. We basically agree that think the unanimous Senate vote, the rise today in strong support of S. 2323, the Committee on Education and the fact that the administration is now the Worker Opportunity Act. It is im- Workforce understands the implication going to sign legislation that will basi- portant legislation that encourages of the New Economy. We understand cally solve the problem that was cre- companies to grant stock options to all the kind of society we are going into. ated when they sent this letter out in employees without triggering overtime We understand that we have respon- February, is an indication that when calculations of the Fair Labor Stand- sibilities for the workforce. we work together, we can solve these ards Act. It is a much-needed update to Here we are exercising an important problems. I want to applaud all con- reflect current realities in the work- responsibility in terms of payment; cerned. force and our economy. that they should not be barred from en- Mr. Speaker, I rise today to express my Passed in 1938, the Fair Labor Stand- joying the prosperity and should not in strong support for S. 2323, the Worker Eco- ards Act guaranteed that hourly work- any way be kept from having stock op- nomic Opportunity Act, a measure that ex- ers would receive fair pay for their tions as other people do within the con- empts stock options, stock appreciation rights, work. It set strict requirements with fines of a corporate enterprise. So we and employee stock purchase programs from respect to how overtime would be cal- all agree. the calculation of overtime pay for certain em- culated. Over the years, overtime pay Mr. Speaker, I think we all ought to ployees under the Fair Labor Standards Act. provisions have been amended to re- agree that the Committee on Edu- As a sponsor of the House companion to this flect changing realities of the work- cation and the Workforce is primarily measure, introduced by my colleague, Con- place. for the American workforce. We may gressman CUNNINGHAM, I cannot emphasize For example, today current law ex- have some international obligations enough how important this legislation is to the cludes health and pension plans from sometime in the future; we may choose continued growth of our nation's New Econ- overtime calculations as a means of en- to assume those, but it is the American omy in the 21st Century. couraging employers to offer these im- workforce that we would like to see Over the past decade, our economy has portant benefits to hourly employees. take advantage of the opportunities boomed and the shortage of workers has in- The United States economy has that exist in our economy now. tensified. Within this context, employers have The sad thing about this bill, as the changed dramatically since 1938. It is used innovative ways to improve their work- gentleman from California (Mr. an economy fueled by information places and attract and retain workers. Offering CUNNINGHAM) pointed out, is that so technology and high-tech industries. new financial opportunitiesÐsuch as stock op- many of our people who ought to be Many companies today have tight tionsÐhas allowed many companies to draw qualified for these jobs are not quali- capital constraints when starting out. in good workers and at the same time, give fied, and we are going to be reaching Companies in this new economy at- employees an ownership right in the growth out to the rest of the world to bring in tract potential employees by offering potential of a business. According to Fortune workers who will not pay into the So- the promise to share future corporate magazine, of the 100 best companies to work cial Security system, who will not con- profitability through stock options or for, over one-third now offer stock options to tribute to the full economy of our Na- other stock purchase plans; and for the all of their employees. And the National Cen- tion, while we are denying the oppor- first time, employees at all levels have ter for Employee Ownership reports that over tunity to our own people because we 80 percent of companies receiving venture a meaningful stake in the success of have not developed a sufficient edu- capital financing provide options to both non- their businesses, creating other posi- cation system. managerial and key management employees. tive benefits. Imagine, the attitude So given the fact that we now have The Department of Labor's opinion letter, that every employee is important to an opportunity with a huge surplus, 10 issued in February, brought a great deal of un- the success and welfare of their em- percent of that surplus ought to be de- certainty for employers and employees. The ployer, and they can participate in the voted to revamping our education sys- letter stated the Fair Labor Standards Act did benefits of ownership are attitudes tem. Revamping it in ways that do not not allow the value of stock options to be ex- that our labor laws and policies should interfere with local controls, starting cluded from calculation of non-exempt work- encourage. with school construction, which is a er's overtime pay, sparking serious concerns Unless changes are made to the Fair capital expenditure. Buying computers among those of us here in the House of Rep- Labor Standards Act, most employers is a capital expenditure. We can do the resentatives and the other body as to how this have indicated that they would exclude things that capital expenditures re- ambiguity would affect economic growth. nonexempt employees from participa- quire, get out, and do not interfere While the increased use of stock options is on tion in stock purchase plans. According with the operation of the schools. the rise in traditional businesses, the high to the Employment Policy Foundation, It is relevant to this discussion. At technology industry in particular owes a great the potential impact of the Depart- the end of the war in Vietnam, we did deal of its growth to the issuance of stock opment of Labor’s interpretation is that not jettison or throw away our mili- tions. The high technology industry has been 26 million Americans would stand to tary establishment. We did not say, a boon to our economy, creating more than 1 lose their stock options or other cor- look, they have lost a war to a Third million high-paying jobs since 1993. In my porate equity. This is not a result in- World country; and, therefore, they home state of Virginia, some 12,100 tech- tended by the Fair Labor Standards have not succeeded so we will not con- nology-based firms call Virginia home, employ- Act, by the Department of Labor, or by tinue to support our military. Just the ing more than 370,000 workers and contrib- labor representatives. With passage of opposite happened. We began to pour uting more than $19.4 billion in wages. this bill today, we undertake the much more and more resources more and S. 2323 passed the Senate overwhelmingly needed revision to provide the Depart- more dollars into revamping and build- with a vote of 95±0 last month and received ment of Labor with additional flexi- ing up the world’s greatest military the support of the Secretary of Labor, Alexis bility. system that existed. Herman. It will assure the protection of work- I was pleased to be an original co- So the failure of our school systems er's stock options and ability to share in the sponsor of the House companion bill, up to now, the huge amount of prob- success of a company without harming the and I am proud to support S. 2323 lems that we have in terms of edu- computation of fair overtime pay. I want to today, and I urge all of my colleagues cational reform and improvement, commend Chairman GOODLING, Chairman to vote in favor of this important reso- should not prevent us from utilizing BALLENGER, and Congressman CUNNINGHAM, lution. this window of opportunity to provide for their leadership on this issue. I urge all of Mr. GOODLING. Mr. Speaker, I re- help for working families. Working my colleagues to support this bill and save serve the balance of my time. families should be allowed to join the economy and enjoy the stock options, stock options for all workers. b 1330 Mr. GOODLING. Mr. Speaker, I yield because they qualify for those good- 2 minutes to the gentleman from Cali- Mr. OWENS. Mr. Speaker, I yield my- paying jobs. fornia (Mr. KUYKENDALL). self the balance of my time. Mr. Speaker, I yield back the balance (Mr. KUYKENDALL asked and was Mr. Speaker, I think it is important of my time. given permission to revise and extend to note that the language on both sides Mr. GOODLING. Mr. Speaker, I yield his remarks.) has been the same. The concepts have back the balance of my time.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.055 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2449 The SPEAKER pro tempore (Mr. cational agencies with the excess costs of would have gotten year after year after QUINN). The question is on the motion educating children with disabilities. year if they had gotten the 40 percent offered by the gentleman from Penn- SEC. 4. AUTHORIZATION OF APPROPRIATIONS that they expected us to put forth on FOR PART B OF THE INDIVIDUALS sylvania (Mr. GOODLING) that the the excess costs. WITH DISABILITIES EDUCATION House suspend the rules and pass the ACT. I ought to caution, however, that un- Senate bill, S. 2323. Notwithstanding section 611(j) of the Indi- less we can control over-identification, The question was taken. viduals with Disabilities Education Act (20 we can never get to the 40 percent. Mr. GOODLING. Mr. Speaker, on that U.S.C. 1412(j)), for the purpose of carrying There is not anybody that has enough I demand the yeas and nays. out part B of such Act, other than section money to get to that 40 percent. So we The yeas and nays were ordered. 619, there are authorized to be appropriated— have to work at both ends. The SPEAKER pro tempore. Pursu- (1) $7,000,000,000 for fiscal year 2001; The legislation was proper because (2) $9,000,000,000 for fiscal year 2002; the legislation said every child, wheth- ant to clause 8 of rule XX and the (3) $11,000,000,000 for fiscal year 2003; Chair’s prior announcement, further (4) $13,000,000,000 for fiscal year 2004; er you have a disability or not, should proceedings on this motion will be (5) $15,000,000,000 for fiscal year 2005; have an equal opportunity for a good postponed. (6) $17,000,000,000 for fiscal year 2006; education. Our problem is that we did f (7) $19,000,000,000 for fiscal year 2007; not put our money where our mouth (8) $21,000,000,000 for fiscal year 2008; was. That meant that local school dis- GENERAL LEAVE (9) $23,000,000,000 for fiscal year 2009; tricts have had to raise all of this (10) $25,000,000,000 for fiscal year 2010; and Mr. GOODLING. Mr. Speaker, I ask money locally and take it away from (11) such sums as may be necessary for reducing classes and away from school unanimous consent that all Members each subsequent fiscal year. may have 5 legislative days within construction and maintenance, and The SPEAKER pro tempore. Pursu- which to revise and extend their re- they have had to take it away from ant to the rule, the gentleman from marks on S. 2323. better education for every other child Pennsylvania (Mr. GOODLING) and the The SPEAKER pro tempore. Is there because they had to fund this 40 per- gentleman from Michigan (Mr. KILDEE) objection to the request of the gen- cent. each will control 20 minutes. tleman from Pennsylvania? I am very pleased to indicate, how- The Chair recognizes the gentleman There was no objection. ever, in the last 4 years we have con- from Pennsylvania (Mr. GOODLING). f vinced the budget people and we have Mr. GOODLING. Mr. Speaker, I yield convinced the appropriators, and they IDEA FULL FUNDING ACT OF 2000 myself such time as I may consume. have upped us $2 billion each year. Mr. Speaker, I have looked forward Mr. GOODLING. Mr. Speaker, I move That gives us 115 percent increase in a to this day for 26 years, and I am glad 4-year period, and I am very thankful to suspend the rules and pass the bill it has arrived and I hope it is just the (H.R. 4055) to authorize appropriations for that. If we keep doing the same for beginning. the next 10 years, we will be in very for part B of the Individuals with Dis- For many years in the minority, I abilities Education Act to achieve full good shape. pleaded and pleaded and pleaded to do Mr. Speaker, I reserve the balance of funding for part B of the act by 2010. something about getting somewhere The Clerk read as follows: my time. near that 40 percent of excess costs. Fi- Mr. KILDEE. Mr. Speaker, I yield H.R. 4055 nally, I got the gentleman from Michi- myself such time as I may consume. Be it enacted by the Senate and House of Rep- gan (Mr. KILDEE) to join with me on Mr. Speaker, I join the gentleman resentatives of the United States of America in the Committee on the Budget and as from Pennsylvania (Chairman GOOD- Congress assembled, powerful as we two are, we did not LING) in supporting H.R. 4055. I want to SECTION 1. SHORT TITLE. move the Committee on the Budget nor commend the gentleman for bringing This Act may be cited as the ‘‘IDEA Full did we move the appropriators. But we this legislation before the House today. Funding Act of 2000’’. are still fighting. Several years ago, when we both SEC. 2. FINDINGS. Today, of course, we have an oppor- served on the Committee on the Budg- The Congress finds the following: tunity to do something about it. As I et, the gentleman from Pennsylvania (1) All children deserve a quality edu- have said over and over again, if we cation, including children with disabilities. had the wisdom and the courage to (2) The Individuals with Disabilities Edu- would meet that obligation, if we had vote for full funding of IDEA. He was cation Act (20 U.S.C. 1400 et seq.) provides met it over the years of paying 40 per- the only one on his side of the aisle in that the Federal Government and State and cent of the excess costs, today we are that committee to vote ‘‘yes,’’ and I local governments are to share in the ex- talking probably about $2,500 per stu- certainly appreciate his courage. De- pense of educating children with disabilities dent for each child. spite opposition to this effort, he dog- and commits the Federal Government to pro- I have said over and over again that gedly pursued this goal. vide funds to assist with the excess expenses how much we could have done over Mr. Speaker, I admired him for his of educating children with disabilities. those years in maintaining school (3) While Congress committed to con- perseverance then and continue to ad- tribute up to 40 percent of the average per buildings, improving school buildings, mire him for it now. The work of the pupil expenditure of educating children with reducing class size. And then people gentleman from Pennsylvania (Mr. disabilities, the Federal Government has will say that is not very much money. GOODLING) has touched the lives of so failed to meet this commitment to assist Well, I have got news for my col- many children during his career, pro- States and localities. leagues. New York City would get $170 viding many of them with the means to (4) To date, the Federal Government has million a year. Twenty times $170 mil- better themselves. never contributed more than 12.6 percent of lion sounds like a lot of money to me. Today, I find myself as a better per- the national average per pupil expenditure to Los Angeles, $95 million every year. assist with the excess expenses of educating son because of the gentleman from children with disabilities under the Individ- Twenty times $95 million every year Pennsylvania. His retirement at the uals with Disabilities Education Act. sounds like a lot of money to me. end of this Congress is a great loss to (5) Failing to meet the Federal Govern- The problem is, we have not met our this institution and to the children of ment’s commitment to assist with the excess obligations. If we had met our obliga- our country. expense of educating a child with a disability tions, of course, we can see on the Having extolled the virtues of my contradicts the goal of ensuring that chil- chart the number of children with dis- chairman, and he is my chairman and dren with disabilities receive a quality edu- abilities, the national average per my friend, I also want to discuss the cation. pupil in the year 2000 was $6,300. So 40 importance of this legislation. When SEC. 3. PURPOSE. percent of that gives about $2,500 per the gentleman from Pennsylvania in- It is the purpose of this Act to reach the child. troduced H.R. 4055, I was pleased to Federal Government’s goal under part B of the Individuals with Disabilities Education On the other chart, of course, I indi- learn that his bill is similar to the text Act (20 U.S.C. 1411 et seq.) of providing 40 cate what Los Angeles, Chicago, New of H.R. 3545, the bill introduced by the percent of the national average per pupil ex- York City, Dallas, Miami, Washington, gentleman from California (Mr. MAR- penditure to assist States and local edu- D.C., St. Louis, just to mention a few, TINEZ) and myself.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.057 pfrm01 PsN: H03PT1 H2450 CONGRESSIONAL RECORD — HOUSE May 3, 2000 I want to especially acknowledge the school construction, Title I funding, ities, but to all children, because, after leadership of the gentleman from Cali- teacher training or smaller classrooms. all, the money that goes to disabled fornia (Mr. MARTINEZ) on this issue. It Mr. Speaker, it is time that Congress children comes from the general fund has been a goal of mine, and that of honors its commitment to States and for the other children. Members on both sides of the aisle, to local school districts, and I urge my I hope that H.R. 4055 is the first of provide full funding for IDEA. colleagues to vote for H.R. 4055. many education full funding bills con- With this legislation, we will create Mr. KILDEE. Mr. Speaker, I yield sidered by the Congress. guideposts that the Committee on Ap- such time as he may consume to the As we move into the 21st century, we propriations can use to put us on a 10- gentleman from California (Mr. MAR- must make critical decisions about the year path to reaching our goal of pro- TINEZ). priorities of this Nation. In countries viding 40 percent of the excess costs of Mr. MARTINEZ. Mr. Speaker, I rise like Japan and China, education is a educating a child with a disability. I in strong support of H.R. 4055. I would top priority above even defense. This truly hope that this bill provides the like to give a little history. In 1972, two year alone the Department of Defense impetus to reach full funding of IDEA. landmark cases, Parc versus the State will ask for $11 billion in new spending. That would be the greatest tribute we of Pennsylvania and Mills versus the I do not deny them that. According to could pay to the gentleman from Penn- Board of Education, found that chil- OMB’s most recent estimates, we can sylvania (Chairman GOODLING). dren with disabilities are guaranteed expect an $80 billion budget surplus. Clearly, the educational needs of an equal education under the 14th Certainly if the Department of De- children with disabilities and their ac- amendment. fense can get $11 billion in new spend- cess to a free, appropriate public edu- In response to these cases, Congress ing, we can spare $2 billion a year to cation is a critical issue in assuring enacted the Education for All Handi- ensure a brighter future for all our they become productive members of capped Children Act of 1975, the prede- children. our society. Moreover, Mr. Speaker, I cessor of today’s Individuals with Dis- Mr. Speaker, I urge my colleagues to believe that Federal funding we target abilities Education act, to assist State support this bill. to all populations often provides the and local governments in meeting their Mr. GOODLING. Mr. Speaker, I yield link to a high-quality education that responsibility to these children by 1 minute to the gentleman from Dela- would not exist without that funding. agreeing to pay up to 40 percent of the ware (Mr. CASTLE). This legislation allows us to take a excess costs of educating children with Mr. CASTLE. Mr. Speaker, I thank bigger step towards fully funding IDEA disabilities. the gentleman from Pennsylvania for and increasing the funding for all of However, to date, as the gentleman yielding to me. I, too, rise in support of our Federal educational programs. from Pennsylvania (Chairman GOOD- the legislation before us. Every child has dignity. Every child LING) has said, the Federal Government I am a strong believer this is some- has worth. Their education must be a has never contributed more than 12.6 thing we really should have done a long high priority. Together with the Presi- percent, leaving States and school dis- time ago at the Federal government dent, who has shown great leadership tricts to make up the difference. level. It is something we should make in the area of increased education fund- Mr. Speaker, I would like to give an the commitment to do now because we ing, we can and should be making in- example in my own district. Los Ange- have to make up for lost time, and it creased investments in education for les Unified School District, which really does free up other opportunities our Nation and for our children. serves schools in my district, currently with respect to local and State spend- In closing, Mr. Speaker, I want to spends $891 million to educate 81,000 ing. urge Members to support this bipar- disabled students. While the school dis- We need to understand that we at the tisan legislation. trict receives approximately $500 mil- Federal Government level only supply Mr. Speaker, I reserve the balance of lion from the State and $42 million about 6 or 7 percent of all of the fund- my time. from the Federal Government for that ing of education in this country. But Mr. GOODLING. Mr. Speaker, I yield purpose, it still must tap into its gen- every now and then, we mandate some- 1 minute to the gentleman from North eral education funds to make up the thing. We have done that with children Carolina (Chairman BALLENGER), and I $300 million shortfall. with disabilities. We have said that we too want to congratulate the gen- have got to educate. The Supreme b 1345 tleman from California (Mr. MARTINEZ) Court has come along and said, not for his doggedness to help us get this I will say that again, $300 million only do we have to educate, but we legislation to the floor. shortfall. The share of responsibility have to provide some health services as Mr. BALLENGER. Mr. Speaker, I rise that falls on the school district grows well. in strong support of the IDEA Full every year. That fact has not been ig- This is extraordinarily expensive on Funding Act of 2000. nored by the gentleman from Pennsyl- a local basis; and as a result, we have In October 1997, the 105th Congress vania (Chairman GOODLING), as he has an obligation, I think, to stand up and reauthorized IDEA, allowing continued at various times tried to rectify the to do something about it. funding to the States for education of wrong. Therefore, to help him, to help So for all these reasons, I rise in sup- children with disabilities. In 1997, fund- the L.A. school district and school dis- port of the legislation and what the ing for IDEA was only $2.6 billion. In tricts all over the country facing simi- gentleman from Pennsylvania (Chair- the last 3 years, the Republican-con- lar situations, I introduced a bill to in- man GOODLING) is doing, and hopefully trolled Congress has nearly doubled crementally increase the amount until this entire body will speak to it in a Federal funding on IDEA to approxi- we achieved the 40 percent commit- positive sense. mately $4.3 billion. Although Congress ment. Mr. KILDEE. Mr. Speaker, I yield 3 has allocated more money to IDEA, My bill would authorize an additional minutes to the gentleman from Wis- there is still a shortfall in the obliga- $2 billion a year for 10 years to reach consin (Mr. KIND). tion to States and local school districts full funding of IDEA by 2010. Mr. KIND. Mr. Speaker, I thank the to fund this act. I am extremely pleased that the gen- gentleman from Michigan for yielding This bill would free up funds that tleman from Pennsylvania (Chairman me the time. currently States and local school dis- GOODLING) who has been calling for Mr. Speaker, as a member of the tricts are forced to use to compensate funding and increased funding for IDEA Committee on Education and the for the Federal Government’s failed for many years, long before it was po- Workforce, I rise in strong support of commitment to fund IDEA. By steadily litically popular, has embraced this this legislation. I commend the gen- working to increase IDEA funding to $2 idea of funding IDEA incrementally tleman from Pennsylvania (Mr. GOOD- billion each year annually until 2010, over a period of time, in his own bill, LING), chairman of the Committee on Congress would increase opportunity H.R. 4055. Education and the Workforce for his and flexibility for local school districts In my view, his bill, H.R. 4055, is a resolute stand on this issue. I am proud to fund the programs that they feel are first good step to funding our commit- to be a supporter, along with the gen- best for their students, whether it be ment, not only to children with disabil- tleman from Michigan (Mr. KILDEE),

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.072 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2451 the ranking member on the sub- Now, in this era of budget surpluses, born 20 years sooner, he would have committee, on this issue as well. we must resist the temptation to cre- been in a baby-sitting service and It is a wise investment of Federal ate new untested Federal programs. In- never lived the productive life he will funds to see that schools accommodate stead, I believe that, before we pass now. students with special needs. It is one any new programs, we must first fulfill Paul Cobb, a foster child, who, with- that Congress has not taken seriously a promise we made a quarter of a cen- out special education, would not have enough throughout the years. tury ago, a promise to assist our local graduated, but today is a productive I am concerned, however, that too schools so that they can provide our worker in our society as a professional many of my colleagues, both on the special needs children with a public photographer. Committee on Education and the education. Thousands of stories all over Amer- Workforce and throughout the rest of Time and again, I hear our States ica are true all because of IDEA, but the body, use the IDEA funding issue and schools must sacrifice other edu- today the promise made 25 years ago is as a tool for divisiveness on education cational needs and priorities in order now a promise kept because we in this policy. to make up for the Federal shortfall on Congress are saying to America’s pub- Reasonable minds, I believe, can dis- IDEA funding. lic schools, we are sending along with a agree over whether the statutory lan- For example, the Antelope and Santa mandate the funds; and with those guage of IDEA created a Federal man- Clarita Valleys in my Congressional funds, we will alleviate local pressures, date to fund 40 percent of the excess District must find nearly $5 million in enhance the education of children with cost of education for special education additional funds to cover the Federal special needs. This Congress will have students. If it does create that 40 per- share for educating special education done what it should have done a long cent obligation, then we have only students. time ago; and that is, made an invest- lived up to, over the years, roughly 12 I am sure there are a lot of other ment in those American children most or 13 percent of that responsibility. things those schools could do with $5 in need of our attention, most in need Reasonable minds can also disagree million if the Federal government of our love, and most in need of this over how exactly those educational would simply live up to its obligation. funding. services should best be provided. I am hopeful the President will join Mr. GOODLING. Mr. Speaker, I yield But we all should be able to agree us in this important endeavor. If the 11⁄2 minutes to the gentleman from that this kind of targeted funding to President would first fund the special Kansas (Mr. MORAN). help schools provide a quality edu- education mandate, our State and local Mr. MORAN of Kansas. Mr. Speaker, cation for students with special needs school districts would have the funds I thank the gentleman from Pennsyl- is exactly the proper role for the Fed- to do the things the President pro- vania for yielding me the time, and I eral Government in education. poses, such as building new schools, thank him for his support and his in- Accordingly, we should do all we can hiring new teachers, buying more com- troduction of H.R. 4055. to fund IDEA at adequate levels. But puters, and ensuring accountability. Mr. Speaker, I served for 8 years in we should not use IDEA funding to hold Already, as earlier speakers have the Kansas legislature before being the rest of the Federal education pro- said, the Republican Congress has dra- elected to Congress. During that 8-year gram hostage. We should not, as some matically increased funding for special period of time, it became clear to me of my colleagues are quick to do, insist education. Under H.R. 4055, this Con- that the consequences of the Federal on funding IDEA only or as a pre- gress will provide fair Federal funding Government’s failure to fund special requisite for any other funding for for special education so, in the end, we education were dramatic and signifi- other important educational goals in can approve special education for all of cant upon the taxpayers of the State of this body. our children. Kansas, upon our school system, and This country has the wealth and the Therefore, as a proud cosponsor of most importantly upon the students. public will to do great things on behalf the IDEA Full Funding Act, I urge all So it is with pleasure that, upon ar- of our children’s educational needs. of my colleagues to vote for this bill. riving in Congress, I discovered there The question remains, does the Con- Mr. GOODLING. Mr. Speaker, I ask was a group of individuals, including gress have the will to make hard unanimous consent that the time be the chairman and the ranking member, choices across the whole of the Federal extended 5 additional minutes on each who were willing and interested in this budget to see that America’s commit- side. topic, that cared about the quality of ment to education is supported? The SPEAKER pro tempore. Is there education across the country, and were Unfortunately, the battles over objection to the request of the gen- willing to assist in allowing the Fed- ESEA in both Houses that seem inevi- tleman from Pennsylvania? eral Government to at least now gradu- table in the closing months of the 106th There was no objection. ally meet that mandate. Congress leave many in America doubt- Mr. GOODLING. Mr. Speaker, I yield This year, the Kansas legislature just ing our collective will and wisdom. 11⁄2 minutes to the gentleman from concluded its session. For that 90-day Again, Mr. Speaker, I support the ef- Georgia (Mr. ISAKSON), a member of the session, we spent most of it wrangling forts of my colleagues here today in fo- committee. over the cost of education with a budg- cusing attention on helping to provide Mr. ISAKSON. Mr. Speaker, I com- et shortfall predicted of about $73 mil- quality education to all students. Let mend the gentleman from Pennsyl- lion or $74 million. Had the special edu- us hope that we can continue this ef- vania (Chairman GOODLING) for his cation funding mandate by the Federal fort in a bipartisan fashion when it commitment to Georgia’s children and Government been fully funded as prom- comes to reauthorizing the whole of America’s children. Twenty-five years ised in 1975, the $75 million that we the ESEA legislation throughout the ago, this Congress made a promise with were struggling to try to find in Kansas remaining months of this session of the passage of 42–194 and established would have been there. In fact, it would Congress. public education, a mandate to teach have been there in double. We would re- Mr. GOODLING. Mr. Speaker, I yield all children regardless of their dis- ceive about an additional $143 million. 11⁄2 minutes to the gentleman from ability, physical or otherwise. Today, So it is with pleasure today that I California (Chairman MCKEON). millions of American children, because rise in strong support of H.R. 4055 on Mr. McKEON. Mr. Speaker, I, too, of special education improvements, behalf of the students, teachers, par- rise in strong support of H.R. 4055, the now live far more productive lives. ents, and taxpayers of our State and IDEA Full Funding Act. First, I would I want to talk about two citizens in believe that it is well past time that like to commend the gentleman from my district Jonathon Hughes, a young the Federal Government step forward Pennsylvania (Chairman GOODLING) for man wheelchair bound, a young man to meet its commitment. This is a mat- all of his hard work on this important with learning disabilities, a young man ter of significant importance, and I issue. He has long been an advocate for who, at the age of 23, graduated from urge its passage. special needs children. His leadership public high school. It took him 9 years Mr. GOODLING. Mr. Speaker, I yield will sorely be missed when he retires at to do it, but because of special edu- 1 minute to the gentleman from New the end of this year. cation and IDEA, he did it. Had he been Jersey (Mr. FRELINGHUYSEN).

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.063 pfrm01 PsN: H03PT1 H2452 CONGRESSIONAL RECORD — HOUSE May 3, 2000 (Mr. FRELINGHUYSEN asked and funding for special education by $2 bil- Members to look at where bipartisan- was given permission to revise and ex- lion for fiscal year 2001 and meet the ship has helped to make America bet- tend his remarks.) authorized levels in H.R. 4055, which I ter and stronger. Mr. FRELINGHUYSEN. Mr. Speaker, strongly support. But I know the gentleman is leaving, I am pleased to rise today as a cospon- Mr. GOODLING. Mr. Speaker, I yield and I am sad to hear he is leaving. I sor and in support of H.R. 4055, the 1 minute to the gentleman from Lou- think he is truly one of our great lead- IDEA Full Funding Act of 2000 and to isiana (Mr. VITTER). ers. I want to thank him for this bill. I thank the gentleman from Pennsyl- Mr. VITTER. Mr. Speaker, I, too, rise think what he has done on this bill will vania (Mr. GOODLING) and his com- in strong support of this bill, which I help America more than anybody mittee for their historic leadership on have cosponsored, and I applaud the might imagine, and I think the finger- this special education issue, which is so gentleman from Pennsylvania (Chair- prints of the gentleman will be on im- vital. man GOODLING) for his leadership. provements in education for years to Every year, we in Congress talk Over the last Christmas recess, I come, even as he is out golfing or doing about the importance of fully funding spent a lot of my time visiting dozens whatever he wants to do. the Federal Government’s share of the of schools in my District, and I heard I want to close by saying to the gen- Individuals with Disabilities Act, and one theme over and over and over tleman from Michigan (Mr. KILDEE) this bill finally does it, this bipartisan again, and it was with regard to IDEA that he has also been an outstanding bill. and full funding. We have all heard leader too. And for the two of these When the Federal Government ne- how, since 1975, the Federal Govern- Members to have worked together like glects its share of IDEA, the State and ment has been quick to put mandates they have, and to bring legislation like local governments are forced to pick on local school systems but has never this to the Congress, is truly helpful up the tab. In my State of New Jersey lived up to its financial commitment. for all Americans. alone, full funding of IDEA would mean That is what this bill is all about, to fi- Mr. GOODLING. Mr. Speaker, I yield 1 an additional $300 million more per nally fund what has been heretofore an 1 ⁄2 minutes to the gentleman from year from the Federal Government, unfunded mandate. Kansas (Mr. TIAHRT). (Mr. TIAHRT asked and was given money that local governments could It is also important in so many other permission to revise and extend his re- spend to hire new teachers, improve ways because we talk about reducing marks.) school facilities, or reduce local prop- class size, putting computers in the Mr. TIAHRT. Mr. Speaker, I rise in erty taxes. classroom, all of these other needs. strong support of this legislation, and I After 25 years of underfunding IDEA, Fully funding IDEA is probably the also want to thank the gentleman from we are considering legislation which quickest way to do that, because this Pennsylvania (Mr. GOODLING) and will finally authorize the money need- will free up local and State money for members of his committee for their ed to finally meet the Federal Govern- other needs that school systems need outstanding work on this legislation. ment’s obligation to this critical pro- to address and give them flexibility in Since 1995, when I came to Congress, gram for our children. H.R. 4055 author- the process. That is another reason it we have doubled IDEA funding and izes enough funding to fully fund IDEA is so important. that has been a great accomplishment. by the fiscal year 2010, and it deserves I have sponsored a separate bill to Mr. Speaker, Americans are compas- our full support. immediately fully fund IDEA, and I sionate people. We want every Amer- Mr. GOODLING. Mr. Speaker, I yield certainly would like to do it quicker. ican to be able to climb the ladder of 1 minute to the gentleman from New But this bill is very aggressive, very success, even if we have to provide the Hampshire (Mr. BASS) who has been productive. I am a proud cosponsor, less fortunate with an escalator. Twen- helping us lead this battle the last sev- and again I applaud the gentleman ty-five years ago, when the Individuals eral years. from Pennsylvania (Chairman GOOD- with Disabilities Education Act was Mr. BASS. Mr. Speaker, I thank the LING) on his very productive efforts. enacted, the Federal Government man- gentleman from Pennsylvania for b 1400 dated that our local school systems yielding to me. Nobody has led the bat- educate all children, even those with tle longer and harder than the distin- Mr. KILDEE. Mr. Speaker, I yield 2 severe mental and physical disabilities. guished gentleman from Pennsylvania minutes to the gentleman from Ohio During the floor debate, it was clear (Mr. GOODLING), chairman of the Com- (Mr. TRAFICANT). that the Federal Government was committee on Education and the Work- Mr. TRAFICANT. Mr. Speaker, I mitted to paying 40 percent of the cost force. want to thank my distinguished friend needed to educate a special-needs child. Mr. Speaker, I rise in support of the and the ranking member, the gen- Today we are falling far short of that IDEA Full Funding Act of 2000. Full tleman from Michigan (Mr. KILDEE), mark. Now our good intentions have funding of IDEA, as I said, for many, for yielding me this time. turned into bad consequences. many years now is good for commu- Mr. Speaker, I was not going to The Federal Government’s mandate nities. It is good for families. It is good speak, but I decided to take just a has undermined the public school sys- for school boards. But most impor- short period of time. I want to com- tem’s ability to adequately meet the tantly, it is good for the children who pliment the gentleman from Pennsyl- needs of these special children. This is are affected by the funding of this pro- vania (Mr. GOODLING) from our neigh- not acceptable for either the children gram. bor State. I know he is now tied up and who need special education or those We all recognize that we have a con- occupied over there with matters of without disabilities who watch their stitutional obligation to provide equal this bill, but I just want to tell him education programs cut in order to education opportunity to everyone, re- that he has helped every American, and fund IDEA. gardless of disability or need. I want to echo and associate myself Educating every child is the right thing to do Unfortunately, as we have heard over with the comments of one of the most and I am proud that we are doing that today. the last few minutes, this government distinguished Democrats in America, Yet IDEA has placed an extreme financial bur- has failed to meet its statutory obliga- the gentleman from Michigan (Mr. KIL- den on our public schools forcing school dis- tion year after year after year. DEE), when he said that every child and tricts to rob Peter to pay Paul. Now, with the passage of this bill, we every student in America owes the gen- But we can fix this problem. By fully funding will fully authorize the funding of tleman from Pennsylvania a debt of IDEA we can put an end to this practice, help- IDEA over a 10-year period. Now, Mr. gratitude. ing all of our children reach their full potential. Speaker, after the passage of this bill, I want to personally thank the gen- Last week I visited with Barbara the challenge moves to the Committee tleman from Pennsylvania for being a Fuller, president of the United Teach- on Appropriations, and it is my sincere leader on this bill. This bill would not ers of Wichita, along with a group of hope that the Committee on Appropria- have happened without him. And I also special education teachers in my home tions can meet its commitment as is want to say that he and the gentleman district. Speaking with them, it be- outlined in the sense of Congress and from Michigan (Mr. KILDEE) over the came clear the paperwork was also a the Budget Resolution to increase years have set an example for many big burden.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.065 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2453 It takes a special and loving person to care time, and I rise in support of this pro- 13 percent of those costs. As a result, for our mentally and physically disabled chil- posal today. States and local school districts must dren. We should be commending their work I am very pleased that we are finally turn to other sources, mostly local tax- and doing all we can to make their jobs easi- considering moving forward on funding payer dollars, to compensate for the er. Instead, Washington and the States drain of IDEA. I am concerned, however, that lack of Federal funding. It is time to our teachers' time and patience by forcing promises are easy and follow-through put an end to this practice. them to fill out endless paperwork and Indi- is not always so easy, especially when All across my State of South Dakota, vidual Education Plans (IEPs). follow-through is costly. local school districts are forced to take This Congress has passed special laws Mr. Speaker, there is a $15 billion money out of their general funds. Con- reducing paperwork for small busi- walk that goes along with this talk, struction plans get put on hold, new nesses and others; yet we have allowed and I think it is imperative that we teachers are not hired, new programs bureaucrats to expand the number of discuss that today. Because, frankly, I get pushed aside, and our children pay forms educators are required to fill fear that what we will have is an au- the price. out. Congress needs to provide an esca- thorization bill which allows us to I would hope that the administration lator for those with special needs and make a promise, but no appropriation would support full funding, Mr. Speak- paper relief for those teachers who which allows us to fund the program. er; yet the President’s budget falls dedicate their lives to educating them. As a matter of fact, I am very con- short of this bill’s funding level. I be- Mr. KILDEE. Mr. Speaker, I yield cerned that this activity today really lieve the Federal Government must do such time as he may consume to the represents a fig leaf rather than real a better job. This bill will simply com- gentleman from New Jersey (Mr. progress for American schools. We need mit the Federal Government to do HOLT). authorization, yes; but the real com- today what it promised to do 25 years Mr. HOLT. Mr. Speaker, with thanks mitment comes when we pass appro- ago, and that is provide States and and appreciation to the chairman and priations, when we see the Sub- local school districts with the full 40 the gentleman from Michigan, I rise in committee on Labor, Health and percent funding. strong support of increased funding for Human Services and Education of the Mr. Speaker, let us end the IDEA IDEA. Committee on Appropriations pass full funding gap and support this legisla- Mr. Speaker, there is nothing better we can funding for this program and then see tion. And I once again thank the chair- do for this nation than to ensure that all chil- it pass in the full House. man for his leadership on this issue. dren in all communities have access to a qual- Now, I am sure this bill will pass Mr. GOODLING. Mr. Speaker, how ity education. IDEA was enacted with this today overwhelmingly. I question, how- much time do I have remaining? credo in mind. ever, whether this body will be willing The SPEAKER pro tempore (Mr. In 1975, Congress enacted this legislation to to give the money to effectuate the OSE). The gentleman from Pennsyl- help states and localities meet their legal re- promise that we make today. vania (Mr. GOODLING) has 91⁄2 minutes sponsibility of providing a free and appropriate I am also concerned that any pro- remaining, and the gentleman from public education to children with disabilities. posal that comes forward in appropria- Michigan (Mr. KILDEE) has 121⁄2 minutes Congress' goal was to contribute up to 40 per- tions will take from existing edu- remaining. cent of the national average per pupil expendi- cational programs. And of course we Mr. GOODLING. Mr. Speaker, I yield ture for each child with a disability. We are no- will create exactly the same problem 2 minutes to the gentlewoman from where close to that goal. In fact, we currently that schools struggle with today, Maryland (Mrs. MORELLA). provide only 12.6 percent of the national aver- which is when we do not fund Federal Mrs. MORELLA. Mr. Speaker, I age per pupil expenditureÐthe most we have programs, when we do not fund pro- thank the gentleman for yielding me ever contributed. According to estimates from grams with dollars that schools can this time; and I want to thank him for the Department of Education, there are 6.3 rely upon, we ask them to spend their his leadership on IDEA. Indeed, as he million children with disabilities being served own money to pursue the goals that are goes off to do other things, leaving this by our Nation's schools, at a cost to the states currently in effect. Congress, he will be remembered for of roughly $73 billion. However, this year, This is a big commitment. The com- many education programs, and IDEA Congress is contributing only $5 billion in as- mitment is not just to say we are for will indeed be among them. sistance. That is not enough. We must do it; the commitment is to say we will Mr. Speaker, I certainly want to ex- more to help the state meet our responsibility pay for it. I for one will look at the press my support for H.R. 4055 to fully that we as a society have undertaken. proposal that comes out of appropria- fund the Individuals with Disabilities The Federal Government has always played tions. Will it be new money? Will it ac- Education Act. Twenty-five years ago, a role in helping the states provide an edu- tually be monies going to the schools Congress enacted and President Ford cation. We have given billions of dollars to en- in a new way that can be used? Or will signed the Education for all Handi- sure that kids from disadvantaged back- it simply be a fig leaf which will allow capped Children Act. Mr. Speaker, in grounds have the same educational opportuni- some people to say they support IDEA. this country education is a right; it is ties as kids from more privileged homes; we I would hope that the American pub- not a privilege. In my opinion, IDEA is have given money to help the states recruit lic will take a look at the names of the one of the most important civil rights and train teachers; and we have provided as- people who vote for this proposal today that has ever been written into law. sistance to help schools get connected to the and then line them up come August The basic premise of this Federal Internet. We must not short change the state with the people who vote for appropria- law, now known as IDEA, the Individ- in this area of IDEA. tions, and we will see whether or not uals with Disabilities Education Act, is This IDEA money benefits more than 6.3 people who give the talk are willing to that all children with disabilities have million kids in our schools. It benefits our walk the walk. a federally protected civil right to have whole community. It helps ensure that our chil- Mr. GOODLING. Mr. Speaker, I yield available to them a free appropriate dren will grow up to be valuable and produc- 11⁄2 minutes to the gentleman from public education that meets their edu- tive members of our communities. Even in this South Dakota (Mr. THUNE). cation and related services needs in the era of hi-tech stocks, where people are be- Mr. THUNE. Mr. Speaker, I thank least restrictive environment. The coming millionaires and even billionaires al- the gentleman for yielding me this statutory right articulated in IDEA is most overnight, I believe there is no better in- time and for his leadership on this grounded in the Constitution’s guar- vestment we can make for our future than pro- issue. antee of equal protection under law viding a quality education for all children. Mr. Speaker, for too many years the and the constitutional power of Con- This bill seeks to do that, and I urge my col- Federal Government has broken its gress to authorize and place conditions leagues to support H.R. 4055. promise to children with disabilities as on participation in Federal spending Mr. KILDEE. Mr. Speaker, I yield 2 well as to the local taxpayers. Back programs. minutes to the gentlewoman from when IDEA was first mandated, Con- Actually, getting to the heart of it, Michigan (Ms. RIVERS). gress promised to provide 40 percent of IDEA established the Federal commit- Ms. RIVERS. Mr. Speaker, I thank the cost of educating a child with spe- ment to provide funding at 40 percent the gentleman for yielding me this cial needs. Yet today we fund less than of the average per-pupil expenditure to

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.077 pfrm01 PsN: H03PT1 H2454 CONGRESSIONAL RECORD — HOUSE May 3, 2000 assist with the cost of educating stu- Mr. Speaker, I can remember stand- children with disabilities; and when en- dents. Today, IDEA is funded at 12 per- ing with my dad as he took the oath of acted, the Federal Government was to cent of the average per-pupil expendi- office here on the floor, and me holding assume 40 percent of the national aver- ture, much higher than the 7 percent of my hand up as well with my dad know- age per-pupil expense for such children. 5 years ago, but this is not good enough ing one day I wanted to come here and While Congress has authorized this when we talk about 40 percent. serve as well. program since 1982, appropriation lev- That is the goal that we have to con- b 1415 els has never come close to the stated tinue to work to reach, and this bill is goal of 40 percent. a good step. It urges Congress to fully The gentleman from Pennsylvania The result has been an enormous un- fund IDEA while maintaining its com- (Mr. GOODLING) obviously had that funded mandate on State and local mitment to existing Federal education same passion early in life and was able school systems to absorb their cost of programs so that we can ensure that to not only come here and do a great educating students with disabilities, children with disabilities receive a free job representing his constituents but leading to the draining of school budg- and appropriate public education and, do a good job on behalf of the children ets, decreasing the quality of edu- at the same time, ensure that all chil- around this country. cation, and unfairly burdening our tax- dren have the best education possible if I rise in strong support of this effort payers. Local school districts have had we just provide fair Federal funding for today and would join colleagues on to spend as much as 20 percent of their students with disabilities. I urge my both sides of the aisle in searching for total budgets to fund IDEA. colleagues to support H.R. 4055. ways in which to make this a reality. Once the Federal Government begins Mr. GOODLING. Mr. Speaker, I yield In fairness to the gentleman from to pay its fair share, local funds will be 11⁄2 minutes to the gentleman from Pennsylvania (Chairman GOODLING), available for school districts to hire Florida (Mr. WELDON). there are many on both sides who more teachers, reduce class size, invest Mr. WELDON of Florida. Mr. Speak- demagogue this issue at times, and in in technology, and even lower local er, I thank the gentleman for yielding fairness to him, he has been since my property taxes for their constituents. me this time, and I rise today in sup- short time in the Congress, he has been H.R. 4055 demonstrates our commit- port of H.R. 4055, authorizing full fund- an outspoken leader on the committee ment to our Nation’s children and their ing for IDEA. and has been consistent in all of his education in their already overbur- Before we even consider any new pro- language. And I appreciate that. dened school districts. grams for education, we need to fulfill I would hope that as the gentleman I applaud the gentleman from Penn- our promise to fund this program. In from Pennsylvania (Chairman GOOD- sylvania (Chairman GOODLING) and the 1975, the Federal Government com- LING) moves on to do what I would not Committee on Education and the mitted to providing 40 percent of the necessarily say bigger and better Workforce for their dedication to the funding for IDEA, while 60 percent was things, because I think we are doing education of children around the Na- to come from State and local govern- important things here in the Congress, tion. And accordingly, I urge our col- ments. Under the Democrat-controlled but as he moves on to do more ful- leagues to fully support this important Congress, IDEA was funded at a dismal filling things in his life, I would hope legislation. 7 percent. Only 7 percent for 24 years. that those of us here would take seri- Since the Republican Party took control of Today it is at 12 percent. ously what he is asking us to do today. Congress, I.D.E.A. appropriations have This Republican Congress has nearly As we propose tax proposals and jumped dramatically. Since 1995, the funding doubled the Federal commitment to other revenue generating in other ways levels have jumped 85 percent and have dem- these children, but much more needs to in which to further the prosperity or onstrated our commitment to help States and be done. Teachers in my district have prolong the prosperity of this great local school districts provide public education told me over and over again how much economy, I would hope that we would to children with disabilities. It is now time for difficulty they have meeting the IDEA be mindful of the fact that we have ini- this Congress to make good on its promise to requirements, and still these teachers tiatives and programs like this, com- fully fund I.D.E.A at 40 percent. We can no are expected to perform with inad- mitments that this Congress made to longer let the States try to make up the dif- equate Federal funding. It is a disgrace States including mine, Tennessee; Cali- ference between the funds they have been that my State and all others have been fornia; Michigan; Pennsylvania; and promised and the funds that they actually re- forced to take money away from other New York. I would hope that as we ceive. programs to cover unpaid Federal offer proposals before this Congress In my congressional district, the schools are shares of IDEA. that we would keep in mind that we feeling the negative effects of the lack of idea Let us fully fund IDEA and free up have obligations and have commit- funding. East Ramapo School District in Rock- State and local money to meet other ments. land County should receive $2.04 million in needs, such as books, construction, I thank the chairman for his leader- I.D.E.A. money but according to 1995 figures, and, yes, more teachers and technology ship on this issue for many, many they only saw $398,000. That is a difference in the classroom. years. I look forward to even working of $1.6 million. Similarly, the Middletown City Mr. KILDEE. Mr. Speaker, I yield 2 with him when he leaves this Chamber School District in Orange County was expect- minutes to the gentleman from Ten- in continuing to work on behalf of chil- ing $1.6 million but actually only saw nessee (Mr. FORD). dren. $316,000. A difference of $1.3 million. Mr. FORD. Mr. Speaker, I thank the Mr. GOODLING. Mr. Speaker, I yield In addition to cutting I.D.E.A. funding, the gentleman for yielding me this time; 11⁄2 minutes to the gentleman from New President refuses to recognize the strain on and to my friend, the gentleman from York (Chairman GILMAN). local school districts by requesting no increase Pennsylvania (Mr. GOODLING), I join Mr. GILMAN. Mr. Speaker, I thank in funds for grants to States for providing as- with all my colleagues in thanking him the gentleman for yielding me the sistance to educate children with disabilities. for his service over the many, many time. Moreover, the President wants to create new years. Mr. Speaker, I am pleased to rise Federal programs which will do good things The gentleman from Pennsylvania today in full support of H.R. 4055, call- for this country, but shouldn't we be con- (Mr. GOODLING) and I have some things ing for full funding for IDEA, the Indi- cerned about the programs we already have, in common, as he and I both know, but viduals with Disabilities Act. but never fund completely? We cannot con- perhaps some of our colleagues who I commend the gentleman from tinue to underfund I.D.E.A. and impose this might listen to some of our exchanges Pennsylvania (Mr. GOODLING), our dis- unfunded mandate on the States while intro- in the committee may not believe. The tinguished chairman of our Committee ducing new ones. gentleman from Pennsylvania came to on Education and Workforce, for his Mr. Speaker, it is time for this Congress to Congress in 1974, succeeding his father. continual efforts to raise the need for show that we are truly concerned about our I succeeded my father in 1996. My fa- fully funding IDEA. Nation's children's education. By fully funding ther started in Congress the same year In passing IDEA in 1975, Congress re- I.D.E.A., Congress will simultaneously ease the gentleman from Pennsylvania quired Federal, State and local govern- the burden on local school budgets while en- started. ments to share the cost of educating suring that students with disabilities receive

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.081 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2455 the same quality of education as their non-dis- way our leadership and the way the ap- federally mandated costs, the result will be in- abled counterparts. propriators have moved the legislation, creased flexibility in education. Necessarily un- H.R. 4055 demonstrates our commitment to we should not have any problem be- dertakings such as wiring schools for new our Nation's children, their education and the cause those are the steps that we are technology, increasing teacher salaries, new already over-burdened school districts. I ap- suggesting that they take now. school construction, and local tax relief will be plaud Chairman GOODLING and the Education Again let me remind everyone that possible with these long-overdue funds. and Workforce Committee for their dedication when I came here as a superintendent, This vote is an important step forward in ful- to the education of our children around the I realized that one of the most difficult filling our Nation's commitment to children and country and, I urge my colleagues to fully sup- things we had to do back in the local families who need special education services port this vital legislation. district was to take State mandates, and to the local school districts that have been Mr. KILDEE. Mr. Speaker, I yield Federal mandates, rules and regula- paying these mandated costs since the mid- myself such time as I may consume. tions from both the State and the Fed- 1970's. Recent increases in Federal funding Mr. Speaker, this bill starts us on a eral Government, and then try to find and the proposed schedule to fully fund these real measurable track to full funding some way to finance the overall edu- costs by 2010 represent significant relief for of IDEA. Again, I wish to thank my cation program. the local school districts in Nebraska and all chairman and my good friend, the gen- With this 40 percent, as I mentioned, across America. tleman from Pennsylvania (Mr. GOOD- just in New York City alone we are Mr. TALENT. I rise today in strong support LING), for bringing this bill to the floor talking about $170 million every year. of the IDEA Full Funding Act of 2000. Mr. and to the children of this country. In Los Angeles, another $90-some mil- Speaker, 25 years ago Congress made a Mr. Speaker, I yield back the balance lion. So we are talking about big dol- promise to children and families with special of my time. lars that would have been coming education needs under the Individuals with Mr. GOODLING. Mr. Speaker, I yield every year to help local districts if we Disabilities Education Act [IDEA]. Under IDEA myself the balance of the time. would have only put our money where the Federal Government promised to provide Mr. Speaker, as I said at the begin- our mouth was. children with disabilities access to quality pub- ning of our discussion this afternoon, it Well, we cannot do anything about lic education, as well as to contribute 40 per- was a lonely road for many, many the past. We can do something about cent of the average per pupil expenditure to years; and then I met my good buddy, the present. Continue what we have assist state and local schools with the addi- the gentleman from Michigan (Mr. KIL- been doing in the last 4 years and we tional cost of educating these students. Mr. DEE) and the road was not as lonely as will give the greatest gift to children Speaker, to date the Federal Government has it was. And then we picked up one or in this country we possibly can give be- failed to meet this commitment to assist the two, the gentleman from Maryland cause we will give an opportunity for states and local school districts. (Mr. HOYER), and then since that time local districts to give every child a During the past four fiscal years the Repub- it has grown and grown and grown. good education because they will have lican majority in Congress has increased Fed- Because the people back home are re- the money freed up from the mandates eral funding for IDEA by 115 percent or $2.6 alizing that, hey, we cannot provide that come from here. billion. Sadly, even with the increase, the Fed- the education for all of our students Let me caution all of those on the eral Government has never contributed more because of something that they did not State level. I am seeing all over this than 12.6 percent of the national average per necessarily mandate, they highly rec- country that their regulations are even pupil expenditure the assist children with dis- ommended, and I put that in quotes, worse or greater than ours from the abilities. That is less than 1¤3 of the funding because if they did not do it they were Federal level. So to the local school Congress promised under IDEA. in real trouble. And rightfully so. Be- boards and to the local parents, I say The Congressional Research Service esti- cause, as I also said earlier, every child make sure they know exactly what reg- mates that more than $15 billion would be should have an opportunity for a good ulations have been piled on at the needed to fully fund the Federal portion of education. State level on top of what we have IDEA. In fiscal year 2000 IDEA received $4.9 I thank the gentleman from Cali- done. billion, leaving states and school districts with fornia (Mr. MARTINEZ) again who joined Now, they do it for one reason I am an unfunded mandate of more than $10 bil- with us in this effort. sure; and that reason is they fear that lion. This is $10 billion dollars that states and What I want to point out, the gentle- if they are not doing everything we say local school districts could have spent on woman from Michigan was quite con- they are supposed to do, they are going smaller class size, school construction, new cerned as to whether we would keep to lose their money, so they go over- computer equipment, and hiring new teachers; our promise that we are making today board. instead this money is being spent to cover the since we did not keep our promise be- Again, we are on the right track. For Federal share of IDEA. What does that mean fore. Well, I will not be here, so I can- those of my colleagues who will be for the State of Missouri, Mr. Speaker? The not say, yes, they will. back for years to come, and I am sure additional funds needed to meet the commit- Many of my colleagues who spoke some of them will, make sure that they ment to the State of Missouri is over $161 mil- today will be here, and so it is their re- put their money where their mouth is lion this year. What does that mean for St. sponsibility to make sure that that and every child will have a far better Louis? The additional funds needed to meet happens. education in this country. the commitment to St. Louis is over $8 million However, I to want to point out that Mr. TERRY. Mr. Speaker, I rise today in this year. keeping what we are promising today support of full funding for special education. Mr. Speaker, it is essential that Congress is not anything differently than we All children deserve a quality education, in- fully fund IDEA and this legislation is a step in were able to get the leadership and cluding children with disabilities. Over 24 the right direction. This legislation authorizes then the appropriators to do the last 4 years ago Congress committed to contribute an increase of $2 billion per year to meet the years. That is what they have been up to 40 percent of the average per pupil ex- Federal commitment of 40 percent by the year doing. penditure of educating children with disabil- 2010. Mr. Speaker, 25 years ago the Federal So on the chart I show the Presi- ities. We must keep this promise. The Federal Government placed a mandate on our state dent’s request in yellow and what the Government has failed to keep its commitment and local school districts to provide education Congress came up with. So we see in to assist states and localities. This contradicts for all special needs and disabled students. 1997 the yellow, and then the red is the the goal of ensuring that children with disabil- The Federal Government also promised to pay Congress. And we see in 1998 the yel- ities receive quality educations. By keeping 40 percent of the average cost of the average low, and the red is the Congress. In 1999 our promise, Congress will give state and local per pupil expenditure. Today, there is a lot of the yellow is the present; the red is the school districts the flexibility to educate chil- talk about new education programs and new Congress. Each time we have gone up, dren in the best possible way. education initiatives but we still have yet to up, up. So we have increased 115 per- This vote is an important step in securing meet the Federal commitment to IDEA. IDEA cent in the last 4 years. the future of our children. Currently school dis- is the mother of all unfunded mandates. Local So I would say to her, if she is able to tricts have to divert money from their general schools are required by Federal law to meet keep moving everybody the way they fund to cover the costs of special education. the special education needs of our Nation's have been moving the last 4 years, the When school districts are relieved of these IDEA students. It is time that Congress gives

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.041 pfrm01 PsN: H03PT1 H2456 CONGRESSIONAL RECORD — HOUSE May 3, 2000 our schools the resources that were promised reaching the Federal mandate to assist states dollars into IDEA. Such an action will not only to provide all children with disabilities a quality and local school districts in the excess costs help the disabled children this act serves, but education. of educating children with disabilities. It will ful- also allow for more flexibility to local schools Mr. HORN. Mr. Speaker, I am pleased to fill the promise made by Congress in 1975 in the use of their funds. join with my colleague, Mr. GOODLING, in sup- and again in 1997 to provide 40 percent of the This act works by setting up a definitive time porting H.R. 4055 that will increase the edu- national average per pupil expenditure to as- line in an effort to meet the government's goal cational opportunities of all of America's stu- sist states and local school districts in paying of funding 40 percent of the per pupil expendi- dents. Twenty-five years ago, Congress the excess costs of educating children with ture associated with IDEA. By setting up a set passed the Individuals with Disabilities Act, disabilities. In other words, it will help us fulfill of goals, we finally are taking definitive steps making it possible for children with disabilities our promise to states and schoolhouses and in meeting the obligation we owe to our states, to receive a quality public education, get jobs, ultimately, the children who attend those local communities and, most importantly, the and lead more productive and fulfilling lives. schools. It will help ensure that no child is left disabled which they serve. When this legislation was passed, the Federal behind. This effort to fully fund IDEA is just another Government committed to paying 40 percent The IDEA Improvements Act makes the fol- in a long running desire by this Congress to of the cost of educating these students. Cur- lowing statement, ``Disability is a natural part aid our special needs children. Already, the 12 rently, the Federal Government pays only 13 of the human experience and in no way dimin- percent funding that I mentioned earlier rep- percent of the cost of IDEA. ishes the right of individuals to participate in or resents a doubling of previous funding levels Over the past 5 years, special education contribute to society. Improving educational re- before 1994. In addition, as a member of the funding has increased by more than $2.7 bil- sults for children with disabilities is an essen- Budget Committee, I am proud that we were lion. I commend my colleagues on the House tial element of our national policy of ensuring able to make fully funding the IDEA a priority Budget Committee and the Appropriations equality of opportunity, full participation, inde- above all other new education programs in the Committee for recognizing the importance of pendent living, and economic self-sufficiency federal budget that passed this year. In addi- special education. As important as these infor individuals with disabilities.'' tion, last year we overwhelmingly passed of H. creases are, they are not enough. Special The IDEA Full Funding Act backs this state- Con. Res. 84, a resolution urging the Presi- education is expensive. The average cost of ment with the funds to carry it out. There are dent to fully fund IDEA, of which I was a co- educating a special education student is more 146,550 special education students in Indiana. sponsor and strong supporter. than twice the national average per pupil cost For their sake and for the sake of other spe- Unfortunately, we still have a long way to of $5,955. Schools with already strained re- cial education students, I support this impor- go. Some in government just do not believe sources are struggling to educate these stu- tant piece of legislation. that this is a high priority. For example, the dents. Mr. KUYKENDALL. Mr. Speaker, I rise President traditionally refuses to increase To mandate that the States provide special today to express my strong support of H.R. IDEA funds in his budget. In addition, we must education services without adequate funding is 4055, a measure to fully fund the Individuals also address the problem associated with over grossly unfair, both to the States and to the with Disabilities Education Act (IDEA). Twenty- identifying individuals who qualify as special students themselves. H.R. 4055 would elimi- four years ago, Congress made a promise to needs. As a result, these individuals dilute the nate this unfunded mandate by requiring that children and families with special needs. That funds intended for those disabled children who the Federal Government provide the 40 per- promise was to provide children with disabil- desperately need these funds. I hope that we cent that it promised. This legislation is an im- ities access to a quality public education by can overcome obstacles like this when it comes time to fund this program in the appro- portant step in ensuring that this commitment contributing 40 percent of the average per stu- priations process this year and years to come. is honored. The additional funding provided by dent expenditure to assist states and local Ms. SANCHEZ. Mr. Speaker, I rise today in this legislation will significantly improve the schools with the extra costs of educating support of the Individuals with Disabilities Act, quality of education for special education stu- these children. However, since 1975 when IDEA. dents across the country. I urge my col- IDEA was signed into law, Congress has con- As Orange County's representative to the leagues to support H.R. 4055 and I urge the sistently failed to meet its financial commit- Education and Workforce Committee, I know House to pass it. ment. that many of the students, schools and fami- Mr. MCINTOSH. Mr. Speaker, I rise in sup- Every child deserves a first rate education. lies in my district rely on IDEA funding. All port of H.R. 4055, the IDEA Full Funding Act. We can no longer tolerate the inadequate edu- children are entitled to a quality public edu- In the 1970's, the U.S. Supreme Court ruled cation that special-needs children have re- cation with the resources that will enable them that children with disabilities are entitled to a ceived. Congress has ignored its IDEA funding to fully pursue their academic dreams. free, appropriate public education. In 1975, obligation, burdening state and local govern- The Individuals with Disabilities Act is an im- Congress passed the All Handicapped Chil- ments with unfunded mandates. The time has portant part of our national education program. dren Act to ensure that children with disabil- come for Congress to fulfill its commitment to IDEA has brought many students with disabilities received a quality education. In the 105th children with disabilities and fully fund IDEA. ities the educational resources they need, em- Congress, we built on this law by passing the Today's legislation authorizes increases of powering them to become contributing mem- IDEA Improvements Act of 1997 which $2 billion a year to meet the federal govern- bers of society. strengthened the program. The IDEA Improve- ment's commitment of 40 percent per student Inadequate IDEA funding has been a wide- ments Act, like the earlier 1975 act, pledged to expenditure by the year 2010. This measure is spread problem for many years. Although we fund 40 percent of the average per-pupil ex- a step in the right direction in ensuring that all have recently increased federal funding, IDEA penditure to educate children with special children receive a quality education. is still only funded at 12 percent of the aver- needs. Unfortunately, the Government has fall- Mr. HILLEARY. Mr. Speaker, when the fed- age per-pupil expenditure. While this is much en far short of this goal, providing a mere 11 eral government originally created the man- higher than the 7 percent of five years ago it or 12 percent a year for the costs of IDEA. Al- date on local districts stating that they must is, as many advocates and educators have though Republicans have increased funding comply with the Individuals with Disabilities stated, still inadequate. Full federal funding for this program, funding still falls woefully Education Act, also known as IDEA, the fed- would enable local school districts to focus re- short. eral government promised that in exchange for sources on other needs. Last year, Congress provided $5.0 billion for imposing these new constraints, it would pro- Today the House has an opportunity to the grants to states program, which assists vide 40 percent of the cost. In reality, we have keep our promise to America's public schools participating states in providing a free appro- supplied only about 12 percent of the cost. I by increasing IDEA funding. H.R. 4055, the priate public education to school-age children think this is shameful. If you make a deal, you ``IDEA Full Funding Act of 2000'' will authorize with disabilities. An estimated $15.8 billion should keep your side of the bargain. Think of funding to reach the federal government's goal would be required to provide states the max- all the local school money that could be used of providing 40 percent of the per-pupil ex- imum allotment allowed per disabled child on teachers, buildings and teaching supplies penditure over the next 10 years. I am a co- served last year, about 3.1 times more than that instead must be used on special edu- sponsor of this bill and am proud to support the appropriation of $5.0 billion. cation because the federal government will not this legislation. To address the underfunding of IDEA, I give their promised share. Our students, their families and our schools joined the chairman of the Education and the That is why I am such a strong supporter of have asked Congress to keep its commitment. Workforce Committee BILL GOODLING in intro- H.R. 4055, the IDEA Full Funding Act of 2000. Today I ask my colleagues to join me in en- ducing the IDEA Full Funding Act of 2000, As an original cosponsor of this legislation, I suring that these special children will have ac- which provide an authorization schedule for support the effort to channel our education cess to a quality education.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.049 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2457 Mr. BEREUTER. Mr. Speaker, this Member The IDEA Full Funding Act will authorize ap- possible education to our nation's disabled rises today to express his strong support for proximately $7 billion in FY 2001 and expand children. H.R. 4055, the IDEA Full Funding Act of 2000, this allocation by $2 billion per year over the Mr. RAMSTAD. Mr. Speaker, I rise in strong of which he is a cosponsor. next decade. It is a necessary measure and support of H.R. 4055, the IDEA Full Funding Within his home state of Nebraska, the will help the federal government maintain its Act. I am proud to be a cosponsor of this im- number of children enrolled in special edu- commitment to provide a quality education to portant legislation. cation programs has risen 3,700 students from disabled students. It is high time the federal government kept 1995±1999, a nine percent increase. To con- I urge my colleagues to join me in sup- its statutory commitment to fully fund the Indi- tinue supporting these increasing numbers, we porting the long-overdue proposal, and thank viduals with Disabilities Act (IDEA). must fulfill the commitment by Congress made the gentleman for his leadership on this vital In 1975, the Federal Government mandated in 1975, prior to my service in the U.S. House issue. that all states provide Free Appropriate Public to fund IDEA at 40 percent. This is a classic Mr. MOORE. Mr. Speaker, I am pleased Education (FAPE) to all children with disabil- and very damaging unfunded mandate. that today the House of Representatives is ris- ities by 1978. This law established a federal Currently the Federal Government is funding ing above partisan politics to address a matter commitment to provide funding aid at 40 per- an average of 12.6 percent of the per-pupil ex- of utmost importance. Be it urban, rural, small cent of the average pupil expenditures to as- penditure for children with disabilities. The or large, every school district in our country is sist with the excess costs of educating stu- other 27.4 percent of our unfilled promise is a suffering because the federal government had dents with disabilities. burden that state and local governments are not made good on its 1975 commitment to Unfortunately, annual appropriations for having to include in their budgets. This Mem- fund 40 percent of education costs for special IDEA have not even come close to the 40 per- ber has said for many years now that the one needs students. cent level! Before Republicans took control of the Congress in 1995, the federal government significant way that Congress can help de- I commend Chairman GOODLING for bringing was only paying 7 percent of the average per crease property taxes for my Nebraska con- this bill to the floor, and for his commitment to pupil expenditure. We are now paying 12.6 stituents is to keep the promise to provide 40 fully fund IDEA by 2010. Fulfilling our commitment to our special needs students is abso- percent of the cost, but this still is not enough. percent of the costs of special education. The Congressional Research Service (CRS) Nebraska is currently facing teacher short- lutely the right thing to do. estimates that almost $16 billion would be ages and has among the lowest teacher sala- I would like, however, to challenge this needed to fully fund Part B of IDEA. The House today. I'll take this bill and raise you ries in the country and yet continues to FY2000 appropriations for Part B was $6 bil- one. I urge my colleagues to cosponsor H.R. produce top-ranked students. By meeting this lion, leaving State and local governments with 4090, a bill introduced by Representative commitment and fully funding IDEA, Nebraska an unfunded mandate of nearly $10 billion. could use its state and local dollars to meet VITTER of Louisiana. This bill would fulfill our Local school districts currently spend on av- the needs of attracting and maintaining quality commitment to our schools and our children in erage 20 percent of their budgets on special teachers or direct dollars to programs the local two years. I know this is an ambitious goal, education services. Much of this goes to pay school districts deem to be priorities, such as but I think 25 years of unfulfilled promises is the unpaid Federal share of the mandate. school modernization, curriculum improvement long enough. So does Representative VITTER. Passing H.R. 4055 would be a giant step or more advanced technology. I am one of a group of cosponsors from both closer to our goal of fulfilling the promise. If Mr. Speaker, this Member encourages his sides of the aisle who think our government the federal government would keep its com- colleagues to meet our commitments and should step up to the plate and make good on mitment, this money could be used to hire and phase-up that 40 percent by the year 2010. its promise. train more high quality teachers, reduce class Support the IDEA Full Funding Act of 2000. I urge my colleagues to pass this bill today. size, build and renovate classrooms, and in- Mr. ROGAN. Mr. Speaker, I thank the gen- And tomorrow we should come to this floor vest in technology. tleman from Pennsylvania and my colleagues and pass H.R. 4090, the IDEA Keeping our We must improve the education our children from the Education and Workforce Committee Commitment Act. It's the right thing to do and receive. A good way to do this is to show a for their leadership on this issue. it's about time. strong federal commitment to education by The IDEA program was developed as a Mr. BLUMENAUER. Mr. Speaker, my goal fully funding IDEA and passing H.R. 4055, the partnership, uniting local and federal education in Congress has been the promotion of livable IDEA Full Funding Act. funds for students with disabilities. Under this communities. A community that is safe, Mr. GOODLING. Mr. Speaker, I yield program, the federal government committed to healthy and economically secure must view back the balance of my time. funding up to 40 percent of the average cost educating our children as a priority. The well- The SPEAKER pro tempore (Mr. of educating disabled students. being of our families depends upon the health OSE). The question is on the motion of- Sadly, over the lifetime of this bill, the gov- of our schools. fered by the gentleman from Pennsyl- ernment has never contributed more than In the 94th Congress, we mandatedÐappro- vania (Mr. GOODLING) that the House about 12 percent of the average. The time has priatelyÐthat there would be special education suspend the rules and pass the bill, come for Congress to pay its fair share in this access for children with severe learning dis- H.R. 4055. long unfunded mandate. abilities. Along with that mandate came a The question was taken. Despite the federal government's two-dec- promise that the federal government would Mr. GOODLING. Mr. Speaker, on that ade old commitment to educating disabled stu- pay 40 percent of the cost. This too was ap- I demand the yeas and nays. dents, Congress has never once funded its full propriate, for these children are the most dif- The yeas and nays were ordered. share, leaving local and state educators to ficult and expensive to educate. Unfortunately, The SPEAKER pro tempore. Pursu- scramble for funds to pay for special edu- the federal government has not met this im- ant to clause 8 of rule XX and the Chair’s prior announcement, further cation programs. portant commitment. Funding has fallen as low proceedings on this motion will be The result has been an unnecessary and as 9 percent, and currently, we fund only 12.6 postponed. unfair competition, pitting the funding needs of percent of the average per pupil expenditure disabled students against the needs of stu- to assist children with disabilities. As a result, f dents in traditional programs. In turn this has the financial burden has fallen on local dis- GENERAL LEAVE spurred excessive litigation resulting in exorbi- tricts. Mr. GOODLING. Mr. Speaker, I ask tant costs for local educators. By failing to I am proud to support H.R. 4055, the IDEA unanimous consent that all Members meet its original commitment, the federal gov- Full Funding Act, which addresses the critical may have 5 legislative days within ernment has put local educators in a financial issue of assistance for the children whose which to revise and extend their re- catch-22. The bill we support will aid in ending needs are the greatest. This bill authorizes in- marks on H.R. 4055. this crisis, and enact much needed reforms in creases of $2 billion a year to meet the federal The SPEAKER pro tempore. Is there the IDEA program. commitment of 40 percent by the year 2010. objection to the request of the gen- H.R. 4055, the Individuals with Disabilities I have cosponsored similar legislation because tleman from Pennsylvania? Full Funding Act will guarantee that the federal programs such as IDEA offer the chance to There was no objection. government keeps its commitment to support improve the lives of more disabled people f local education programs for students with dis- than ever before. abilities, and authorize the federal government Livable communities are for all of us, not PAMELA B. GWIN HALL to fund the full 40 percent of the cost of local just a select few. The federal government Mr. LATOURETTE. Mr. Speaker, I programs for students with disabilities. should lead by example in offering the best move to suspend the rules and pass the

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.059 pfrm01 PsN: H03PT1 H2458 CONGRESSIONAL RECORD — HOUSE May 3, 2000 bill (H.R. 1729) to designate the Federal But very to the point, Dr. Gwin is an and designated as the ‘‘Donald J. Pease Fed- facility located at 1301 Emmet Street icon, a beloved teacher, mentor, and eral Building’’. in Charlottesville, Virginia, as the friend. She inspired and captivated her SEC. 2. REFERENCES. ‘‘Pamela B. Gwin Hall.’’ students with her love of politics and Any reference in a law, map, regulation, The Clerk read as follows: the presidency. document, paper, or other record of the It is absolutely fitting that a facility United States to the Federal building re- H.R. 1729 ferred to in section 1 shall be deemed to be Be it enacted by the Senate and House of Rep- at the Federal Executive Institute be a reference to the ‘‘Donald J. Pease Federal resentatives of the United States of America in named in her honor. Building’’. Mr. LATOURETTE. Mr. Speaker, we Congress assembled, The SPEAKER pro tempore. Pursu- are now honored to have one of the two SECTION 1. DESIGNATION OF PAMELA B. GWIN ant to the rule, the gentleman from HALL. independents in the House of Rep- Ohio (Mr. LATOURETTE) and the gen- The Federal facility located at 1301 Emmet resentatives on the floor with us. This tleman from Ohio (Mr. TRAFICANT) Street in Charlottesville, Virginia, shall be independent holds a special place in each will control 20 minutes. known and designated as the ‘‘Pamela B. the heart of the Republican conference, Gwin Hall’’. The Chair recognizes the gentleman because he has chosen to conference SEC. 2. REFERENCES. from Ohio (Mr. LATOURETTE). with us. Any reference in a law, map, regulation, Mr. LATOURETTE. Mr. Speaker, I Mr. Speaker, I yield whatever time document, paper, or other record of the yield myself such time as I may con- he may consume to our good friend, the United States to the Federal building resume. ferred to in section 1 shall be deemed to be gentleman from Virginia (Mr. GOODE). Mr. Speaker, H.R. 1405 designates the Mr. GOODE. Mr. Speaker, I want to a reference to the ‘‘Pamela B. Gwin Hall’’. Federal building in Medina, Ohio, as say thanks to all on the subcommittee The SPEAKER pro tempore. Pursu- the ‘‘Donald J. Pease Federal Build- and the committee who worked on re- ant to the rule, the gentleman from ing.’’ porting the bill, naming the annex at Ohio (Mr. LATOURETTE) and the gen- Congressman Pease was born in To- the Federal Executive Institute in tleman from Ohio (Mr. TRAFICANT) ledo, Ohio, where he attended public Charlottesville on behalf of Pamela B. each will control 20 minutes. schools. He earned his undergraduate Gwin. Pamela B. Gwin was not a high The Chair recognizes the gentleman and masters degrees from Ohio Univer- profile military person. She is not a from Ohio (Mr. LATOURETTE). sity before becoming a Fulbright schol- movie personality. She is not a famous Mr. LATOURETTE. Mr. Speaker, I ar at Kings College University of Dur- legislator, but she was a hard-working, yield myself such time as I may con- ham, England. sume. dedicated and loyal employee at the Congressman Pease served in the Mr. Speaker, H.R. 1729 designates the Federal Executive Institute for almost Oberlin City Council, the Ohio State Federal facility in Charlottesville, Vir- two decades. House of Representatives, and in the She was known by every student and ginia, as the Federal Executive Insti- Ohio State Senate before being elected graduate at the Federal Executive In- tute’s campus as the ‘‘Pamela B. Gwin to the United States House of Rep- stitute as Pam. She loved politics and Hall.’’ resentatives in 1976. He served in the our Federal Government. She served as Dr. Gwin received her Ph.D. from House from 1977 until his retirement in assistant director from 1983 until she Duke University. She was a member of 1993. the American Political Science Asso- passed away at a young age on Decem- Congressman Pease began his con- ciation, the Organization of American ber 31, 1998. gressional career on the Committee on Mr. Speaker, I am indeed happy, priv- Historians, the Southern Historical As- International Relations. He later se- ileged and honored to say these re- sociation, the American Society for cured a spot on the Committee on marks on behalf of Pamela B. Gwin and Public Administration, and was espe- Ways and Means and by the time of the to express appreciation to the commit- cially active in the American Society 102nd Congress earned one of the three tees again and to all in the House for for Training and Development and the seats on the Committee on the Budget naming the facility at the Federal Ex- Center for the Study of the Presidency. that is reserved for members of the ecutive Institute in Charlottesville in Pamela Gwin began her career at the Committee on Ways and Means. Federal Executive Institute in 1983 as a her honor. b faculty member teaching public policy. Mr. LATOURETTE. Mr. Speaker, I 1430 In 1987, she became Assistant Direc- urge passage of the bill, and I yield This bill is a fitting tribute and this tor of Academic Programs and insti- back the balance of my time. naming a fitting tribute for this fine tuted the design and implementation of The SPEAKER pro tempore. The former Member. I urge passage of the the Leadership for a Democratic Soci- question is on the motion offered by bill. ety program. the gentleman from Ohio (Mr. Mr. Speaker, I reserve the balance of Pam gave tirelessly to her students LATOURETTE) that the House suspend my time. and everyone at the Federal Executive the rules and pass the bill, H.R. 1729. Mr. TRAFICANT. Mr. Speaker, I Institute. She survived and still con- The question was taken; and (two- yield myself such time as I may continued working for 2 years after receiv- thirds having voted in favor thereof) sume. ing a heart transplant in 1996 and, the rules were suspended and the bill Mr. Speaker, I rise with great pride sadly, passed away in 1998. was passed. in this bill being brought to the floor. A motion to reconsider was laid on Mr. Speaker, I strongly support this Congressman Don Pease worked tire- the table. bill, and I urge my colleagues to join in lessly for the citizens of Northern Ohio doing the same. f as a Member of the Committee on Ways Mr. Speaker, I reserve the balance of DONALD J. PEASE FEDERAL and Means. He tackled the tough tax my time. BUILDING reform and tax policy issues with zeal. Mr. TRAFICANT. Mr. Speaker, I He always looked for consensus. He was Mr. LATOURETTE. Mr. Speaker, I yield myself such time as I may con- move to suspend the rules and pass the able to work on both sides of the aisle. sume. bill (H.R. 1405) to designate the Federal He kept a rather low profile, but he Mr. Speaker, I want to associate my- building located at 143 West Liberty was a very effective Member and one of self with the remarks of my good friend Street, Medina, Ohio, as the ‘‘Donald J. the few who was able to influence the gentleman from Ohio (Mr. Pease Federal Building.’’ former chairman Dan Rostenkowski. I LATOURETTE). The Clerk read as follows: might add, anybody who could do that This is very fitting that the Virginia H.R. 1405 was certainly an influential Member. Delegation has taken such an effort to As I said, he was an activist who Be it enacted by the Senate and House of honor Dr. Gwin. She played a signifi- Representatives of the United States of America fought for welfare reform. Don Pease cant role, as well, in developing the In- in Congress assembled, supported sunshine rules for open gov- stitute’s curriculum, especially empha- SECTION 1. DESIGNATION. ernment, and he was always available sizing the Constitution as a central The Federal building located at 143 West to look for common ground on bills focus of the Institute’s core of studies. Liberty Street, Medina, Ohio, shall be known that emanated from either side of the

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.085 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2459 aisle. He was a staunch, hard worker devoted 16 years of service to the 13th Texas, as the ‘‘Kika de la Garza United for tax fairness and tax policy fairness, district in Ohio, and he served the Na- States Border Station.’’ and I think that people of Northern tion and the State well. I am pleased to The Clerk read as follows: Ohio really do owe him a debt of grati- join my colleagues in both parties in H.R. 1901 tude. recognizing Don’s dedication to im- Be it enacted by the Senate and House of Mr. Speaker, I am proud to associate proving people’s lives. Representatives of the United States of America myself with the designation of the Mr. Speaker, I appreciate the support in Congress assembled, naming of the Federal build in Medina for this legislation. SECTION 1. DESIGNATION. in honor of our fine former Congress- The United States border station located Mr. SAWYER. Mr. Speaker, I am pleased to in Pharr, Texas, shall be known and des- man, Don Pease. support the designation of the Donald J. Mr. Speaker, I yield such time as he ignated as the ‘‘Kika de la Garza United Pease Federal Building in Medina, Ohio. States Border Station’’. may consume to the gentleman from I had the great pleasure of working with SEC. 2. REFERENCES. Ohio (Mr. BROWN). Congressman Pease for many years in this Any reference in a law, map, regulation, Mr. BROWN of Ohio. Mr. Speaker, I House. Throughout his years here, he ap- document, paper, or other record of the thank my friend, the gentleman from proached every problem with an open mind, a United States to the border station referred Lake County, Ohio (Mr. LATOURETTE) sense of fairness, and a gentle good humor. to in section 1 shall be deemed to be a ref- and my friend, the gentleman from erence to the ‘‘Kika de la Garza United In addition, Congressman Pease had a re- States Border Station’’. Mahoning County, Ohio (Mr. TRAFI- markable facility for grasping and getting to The SPEAKER pro tempore. Pursu- CANT). the essence of any issue he confronted. Mr. Speaker, I rise in support of the ant to the rule, the gentleman from The legacy of Don Pease continues today in legislation about former Congressman Ohio (Mr. LATOURETTE) and the gen- the heightened attention given to the condi- Don Pease. Don Pease began his long tleman from Ohio (Mr. TRAFICANT) tions under which workers around the world and distinguished congressional career each will control 20 minutes. toil. in 1976, a time when Gerald Ford was The Chair recognizes the gentleman Finally, there have been times when this President of the United States and from Ohio (Mr. LaTourette). Congress could still benefit from Don Pease's Ohio’s 13th Congressional District was Mr. LATOURETTE. Mr. Speaker, I ability to appeal to reason and common sense characterized by growing industrializa- yield myself such time as I may con- on both sides of the aisle. Rather than stirring tion and rural communities. sume. Upon his retirement in 1992, Don baser instincts, or joining in a chorus of noise- Mr. Speaker, H.R. 1901 designates the Pease could look back and see a fun- makers, Don Pease embodied the all too rare United States border station in Pharr, damentally changed landscape that he ability to focus on policy as it affects real peo- Texas, as the Kika de la Garza United held shaped both on a local and na- ple in the real world. States Border Station. Congressman de tional level. Throughout his career at all levels of public la Garza was born in Mercedes, Texas, A native of Toledo, Ohio, Pease is a serviceÐcity, state, and federalÐDon Pease in 1927. He attended St. Mary’s Univer- graduate of Ohio University and served followed the guiding principle that there is no sity in San Antonio, Texas, earning his in the Oberlin City Council, the Ohio limit to what one person can accomplish if he law degree in 1952. House and Senate and as editor of the doesn't care who gets the credit. Prior to that, he served in the United Oberlin News-Tribune. In 1976, he won Now, Don Pease is in retirement from public States Navy from 1945 until 1946 and in election to this House of Representa- life. But he remains active. He recently com- the United States Army from 1950 until tives. pleted serving on the board of Amtrak, a prod- 1952. After serving in the Texas State Pease spearheaded the fight for uct of his abiding affection for railroads. And House of Representatives for 11 years, human rights protections with his he has been able to travel around the country he was elected to the United States standing on the International Rela- and around the world with his wife, JeanneÐ House of Representatives in 1964. He tions Committee. In 1981, he secured a delightful and special person in her own was reelected to serve for 16 consecu- his seat on the Committee on Ways and right. tive terms. Means and further dedicated himself to But Don Pease's service is not finished, and Congressman de la Garza began serv- tax policy. His numerous legislative neither is Don. He is sharing his wisdom and ing on the Committee on Agriculture victories were marked by an ability to experience, educating and guiding the next in 1965. He served as chairman of the reach consensus. His efforts to work generation of leaders at Oberlin College in his committee from 1981 until 1994. As with both sides of the aisle included Ohio hometown. chairman, he compiled an impressive service on the conference committee Mr. Speaker, it is a fitting tribute to Con- record of achievement and dedication for the hotly debated tax reform bill of gressman Don J. Pease that we name a pub- to America’s farming community. 1986, and mediation between congres- lic building for him. It is a tangible symbol of During his tenure as chairman, the sional leaders and the Bush adminis- the esteem in which he is held by those privi- United States Department of Agri- tration on tax policy. Also, as Congress leged to know him, to work with him, and to culture underwent major restruc- prepares to consider China’s trade sta- learn from him. turing. This bill and this naming is, at tus at the end of this month, I think it Mr. TRAFICANT. Mr. Speaker, I this time, fitting tribute to an es- is especially important to note Pease is yield back the balance of my time. teemed former colleague. I support pas- largely responsible for introducing Mr. LATOURETTE. Mr. Speaker, I sage of the bill and urge my colleagues labor rights into trade legislation. yield back the balance of our time. to do the same. Since leaving Congress, Don has re- The SPEAKER pro tempore (Mr. Mr. Speaker, I reserve the balance of turned to Ohio. He has served on the OSE). The question is on the motion of- my time. Amtrak board and currently serves as fered by the gentleman from Ohio (Mr. Mr. TRAFICANT. Mr. Speaker, I Visiting Distinguished Professor in LATOURETTE) that the House suspend yield such time as he may consume to Oberlin College’s Department of Poli- the rules and pass the bill, H.R. 1405. the gentleman from Texas (Mr. tics. The question was taken; and (two- HINOJOSA), my good friend. Don Pease was, and still is, com- thirds having voted in favor thereof) Mr. HINOJOSA. Mr. Speaker, I rise mitted to Ohio’s working families. His the rules were suspended and the bill today in strong support of H.R. 1901, a efforts to improve education, expand was passed. measure designating the U.S. border access to health care, and support A motion to reconsider was laid on station at Pharr, Texas, as the Kika de workers have made a difference in our the table. la Garza Border Station. I am proud to lives. By renaming the Medina Federal f stand here today with my colleagues to Building on West Liberty Street in Me- honor Congressman de la Garza, my dina, Ohio, as the Donald J. Pease Fed- KIKA DE LA GARZA UNITED predecessor. eral Building, this bill, Mr. Speaker, STATES BORDER STATION Many of my colleagues here in this honors his hard work in the district Mr. LATOURETTE. Mr. Speaker, I Chamber had the pleasure and privilege that he loves so much. move to suspend the rules and pass the of working with him during his long Don Pease was held in high regard as bill (H.R. 1901) to designate the United tenure and especially as chairman of both an ethical and able legislator. He States border station located in Pharr, the Committee on Agriculture.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.089 pfrm01 PsN: H03PT1 H2460 CONGRESSIONAL RECORD — HOUSE May 3, 2000 Naming the Pharr, Texas, border sta- Bentsen, Sr., who was a rancher and I bring with me centuries of people who at tion after the Honorable Mr. de la farmer in south Texas for many years times were not recognized properly. From Garza is important to our district be- until his death in 1989, but Kika held the conquistador on the trek north to the the seat that my Uncle Lloyd Bentsen, most humble of migrant workers, they stand cause it honors his role in service as with me here. international ambassador for American Jr., the past Secretary of the Treasury agriculture, an industry which thrived and Senator from Texas held. Naming a border station after Congressman during Kika’s tenure in the House. So our families have had a very long- de la Garza is a fitting tribute to an individual Agriculture is a strong element of standing relationship, and I was really who is a true son of the Lower Rio Grande our economy, and it only seems fitting pleased and proud to have the oppor- Valley of south Texas. Congressman de la Garza is perhaps best to honor the man who did so much in tunity to serve with Kika during my remembered for his leadership on behalf of this area. H.R. 1901 is indeed a tribute first term in Congress. I spent a great American agriculture. He served as chairman to a man who dedicated his life to pub- deal of time with him not just on the of the Agriculture Committee for a longer unin- lic service and is known throughout all House Floor but also sitting next to terrupted period than anyone else in history of Texas and the Nation simply as him on the flight from Houston to Washington, as he would catch it from and presided over the drafting and successful ‘‘Kika.’’ enactment of three major omnibus farm bills Kika made a dignified institution all McAllen and he would tell me stories (1981, 1985, and 1990) that have reformed the more distinguished with his vision, going back to his early days in the our nation's agricultural policies. He also guid- his keen insight, and his devotion to House of Representatives when things ed efforts to reduce the cost of agricultural his constituents and to his country. No certainly were not as they are today. I also want to commend not just programs through several deficit reduction bills one deserves this honor more. I urge that have been approved by Congress. His my fellow Members to join me in pass- Kika but his wife of many years, Lu- cille, who has clearly been his partner other legislative accomplishments include leg- ing this measure to say, Thank you, islation to streamline the agricultural lending Kika; we are indebted to you for your in his days in Congress. She was always very kind to all of the spouses, I be- system, strengthen federal pesticide laws, and decades of outstanding work on behalf various other measures to assist American ag- of the residents of the 15th congres- lieve, up here in telling them how things are done and, in particular, riculture, encourage rural development, and sional district of Texas and to the Na- improve human nutrition. tion. whereas she was close to many of my relatives in south Texas also became Congressman de la Garza was also one of Mr. TRAFICANT. Mr. Speaker, I Congress' leading experts on United States- yield such time as he may consume to close not only to my wife but to my daughters as well having gotten the op- Mexico relations and a proponent of greater the gentleman from Texas (Mr. BENT- trade with Mexico. In 1966, he became the SEN). portunity to spend time flying back and forth to Texas with them. first member of Congress from the Texas- (Mr. BENTSEN asked and was given Mexico border area to serve on the Mexico- permission to revise and extend his re- b 1445 United States Interparliamentary Group, which marks.) So I think, Mr. Speaker, this is a tre- promotes dialog between legislators from the Mr. BENTSEN. Mr. Speaker, I thank mendous honor for one who has been a two countries. He was an early congressional the gentleman from Ohio (Mr. TRAFI- tremendous public servant for the peo- supporter of opening negotiations with Mexico CANT) for yielding this time. ple of Texas, not just the Rio Grande to develop a free-trade agreement and helped Mr. Speaker, I rise in strong support Valley, and I strongly endorse it and rally congressional support that led to approval of H.R. 1901, to designate the United urge my colleagues to adopt it. of the North American Free Trade Agreement States border station located in Pharr, Mr. Speaker, I rise in support of H.R. 1901 (NAFTA). Texas, as the Kika de la Garza United to designate the United States border station Throughout his career, Kika de la Garza States Border Station. I want to join located in Pharr, TX, as the ``Kika de la Garza also fought for government policies that fos- with my colleague, the gentleman from United States Border Station.'' tered better living and economic conditions for Texas (Mr. HINOJOSA) from Mercedes, I believe this is an appropriate way to honor all Americans. He obtained federal funds to in his comments. Congressman de la Garza's many years of provide much-needed water and sewer serv- Kika de la Garza was clearly an insti- service to the United States and the state of ices to Texas' impoverished colonias. He was tution in this body. He served the Texas, during which he provided tremendous a strong supporter of civil rights for all Ameri- State of Texas in this body for 32 years leadership in support of agriculture, improved cans, better educational opportunities, and im- from the 15th congressional district in relations with Mexico, a better quality of life for proved access to health care for the elderly, the Rio Grand Valley; prior to that, residents along the border, among many other veterans, and low-income individuals. He also having served in the State legislature. issues. supported policies to improve the nation's in- As my colleague, the gentleman from I am honored to have had the opportunity to frastructure and maintain a strong, cost-effec- Texas (Mr. HINOJOSA), stated, Mr. de la serve in Congress with Kika de la Garza, even tive national defense. Garza was known perhaps more than if for only 2 of his amazing 32 years in this Our entire nation benefited from Kika de la anything else for his work as chairman body. He is an example to all of us of a true Garza's service in Congress, and his legacy of the Committee on Agriculture and gentleman and public servant who brought includes an agricultural system that continues the ranking member of the Committee honor to this House through the civility, re- to lead and feed the world, better relations on Agriculture and the work that he spect, and commitment to doing what is right and expanded trade with Mexico and other na- did on drafting and writing successive that he brought to conducting the people's tions, and a better quality of life for many Tex- omnibus farm bills as both the chair- business. He is also a true Texan who worked ans and Americans. I am pleased to join my man and the ranking member. But I with his colleagues from both sides of the colleagues in honoring Kika de la Garza and think it is also important to note that aisle to further the best interests of our state. in urging approval of this legislation to des- Congressman de la Garza fought for Throughout his tenure in Congress, Con- ignate the Kika de la Garza United States Bor- much legislation that would help the gressman de la Garza never forgot the people der Station. constituents of what is also one of the he represented, who live in a district consid- Mr. TRAFICANT. Mr. Speaker, I poorest congressional districts in the ered to be the poorest in the state, and which yield myself such time as I may con- United States. is now ably Ârepresented by my esteemed col- sume. He fought for legislation to provide league RUBEN HINOJOSA. Congressman de la Mr. Speaker, as the sponsor of the affordable housing programs for rural Garza fought for legislation to provide afford- bill, I want to associate my remarks home buyers. He pushed for hunger re- able housing programs for rural homebuyers. with those of the gentleman from lief measures to feed hungry children, He pushed for hunger relief measures to feed Texas (Mr. HINOJOSA), who succeeds and he helped launch a full scale Fed- hungry children. And he helped launch a full- Kika, our good friend, and has done an eral offensive against the spate of dev- scale federal offensive against the spate of outstanding job for the 15th Congres- astating birth defects in the Rio Grand devastating birth defects in the Rio Grande sional District. I salute the gentleman Valley in Texas. Valley. for his words and for his efforts. The It is a special honor for me because When he was named the Texas Legislative gentleman seems to be cut out of the not only was Mr. de la Garza a close Conference's Texan of the Year in 1991, Con- same mold and has some big shoes to family friend of my grandfather Lloyd gressman de la Garza said: fill.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.093 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2461 I also want to associate myself with great job for this committee, Mr. consideration of the bill for amendment, the the comments of the gentleman from Barnett, Ms. Brita, and I want to thank Chairman of the Committee of the Whole Texas (Mr. BENTSEN) on the historical the gentleman from Ohio (Mr. may accord priority in recognition on the basis of whether the Member offering an ramifications of his family and the as- LATOURETTE) for working with us as he amendment has caused it to be printed in the sociation with Kika. I think it really has. portion of the Congressional Record des- lends a lot to the discussion here Mr. Speaker, I have no further speak- ignated for that purpose in clause 8 of rule today. ers, and I yield back the balance of my XVIII. Amendments so printed shall be con- As the sponsor of this legislation, I time. sidered as read. The Chairman of the Com- just simply loved Kika. He was the Mr. LATOURETTE. Mr. Speaker, I mittee of the Whole may: (1) postpone until first Hispanic American to serve as the urge passage of the bill, and I yield a time during further consideration in the chairman of a major committee, the back the balance of my time. Committee of the Whole a request for a re- Committee on Agriculture. I think The SPEAKER pro tempore (Mr. corded vote on any amendment; and (2) reduce to five minutes the minimum time for that was a significant achievement for OSE). The question is on the motion of- a man of such humble roots who devel- electronic voting on any postponed question fered by the gentleman from Ohio (Mr. that follows another electronic vote without oped into such a powerhouse here in LATOURETTE) that the House suspend intervening business, provided that the min- the Congress. the rules and pass the bill, H.R. 1901. imum time for electronic voting on the first I can remember one time, Mr. Speak- The question was taken. in any series of questions shall be 15 miner, standing down there at the voting Mr. LATOURETTE. Mr. Speaker, on utes. At the conclusion of consideration of booth on a key vote years ago, and I that I demand the yeas and nays. the bill for amendment the Committee shall saw the leaders come up to Kika and The yeas and nays were ordered. rise and report the bill to the House with such amendments as may have been adopted. say, ‘‘Kika, we really need your vote. The SPEAKER pro tempore. Pursu- You didn’t vote with us on this par- Any Member may demand a separate vote in ant to clause 8, rule XX and the Chair’s the House on any amendment adopted in the ticular bill.’’ I will never forget as long prior announcement, further pro- as I live, Kika looked at them, and he Committee of the Whole to the bill or to the ceedings on this motion will be post- committee amendment in the nature a sub- was very loyal, and he said, ‘‘I wish I poned. stitute. The previous question shall be con- could, but I am going to give my vote sidered as ordered on the bill and amend- f to my people. My people are not for ments thereto to final passage without inter- this. I don’t think it is good for my GENERAL LEAVE vening motion except one motion to recom- people.’’ mit with or without instructions. Mr. Speaker, I would say to the gen- Mr. LATOURETTE. Mr. Speaker, I The SPEAKER pro tempore. The gentleman from Ohio (Mr. LATOURETTE), ask unanimous consent that all Mem- tleman from Washington (Mr. bers may have 5 legislative days within that was Political Science 101 that I HASTINGS) is recognized for 1 hour. will never forget. I admired Kika for which to revise and extend their re- Mr. HASTINGS of Washington. Mr. that. marks and include extraneous material Speaker, for the purpose of debate I also want to say and place upon the on H.R. 1725, H.R. 1405, and H.R. 1901, only, I yield the customary 30 minutes record that he was one of the most ar- the measures just considered. to the gentleman from Texas (Mr. The SPEAKER pro tempore. Is there dent and outspoken advocates for FROST), pending which I yield myself United States agriculture and for pro- objection to the request of the gen- such time as I may consume. During grams to protect and improve the farm tleman from Ohio? consideration of this resolution, all and rural economy. He had much more There was no objection. time yielded is for the purpose of de- to do with the economics of farming f bate only. than many people gave him credit for. (Mr. HASTINGS of Washington asked Chairman de la Garza led the effort LAKE PONTCHARTRAIN BASIN and was given permission to revise and to enact landmark legislation, such as RESTORATION ACT OF 2000 extend his remarks.) the Federal crop insurance reform and Mr. HASTINGS of Washington. Mr. Mr. HASTINGS of Washington. Mr. the Department of Agriculture Reorga- Speaker, by direction of the Com- Speaker, H. Res. 484 would grant H.R. nization Act of 1994, which established mittee on Rules, I call up House Reso- 2957, the Lake Pontchartrain Basin a federally funded catastrophic risk lution 484 and ask for its immediate Restoration Act, an open rule waiving coverage policy for crop losses that consideration. clause 4(a) of rule XIII that requires a touches every farmer in America The Clerk read the resolution, as fol- 3-day layover of the committee report today. Kika has touched every farmer lows: against consideration of the bill. and has helped anyone who produces a H. RES. 484 The rule provides one hour of general food product in our country. In 1990, Kika helped pass the Food, Agri- Resolved, That at any time after the adop- debate to be equally divided between culture, Conservation and Trade Act of tion of this resolution the Speaker may, pur- the chairman and ranking minority suant to clause 2(b) of rule XVIII, declare the 1990, which reformed export assistance member of the Committee on Trans- House resolved into the Committee of the portation and Infrastructure. The rule programs and established new initia- Whole House on the state of the Union for tives to strengthen environmental pro- makes in order the Committee on consideration of the bill (H.R. 2957) to amend Transportation and Infrastructure tection of our agricultural lands. the Federal Water Pollution Control Act to Mr. Speaker, one of the few surpluses authorize funding to carry out certain water amendment in the nature of a sub- we have had in trade has been our agri- quality restoration projects for Lake Pont- stitute now printed in the bill as an culture base, and Kika de la Garza de- chartrain Basin, Louisiana, and for other original bill for the purpose of amend- serves much of the credit for those tre- purposes. The first reading of the bill shall ment, which shall be open for amend- mendous improvements to our agri- be dispensed with. Points of order against ment at any time. consideration of the bill for failure to com- The rule authorizes the Chair to ac- culture community. ply with clause 4(a) of rule XIII are waived. So I think it is just really overdue. cord priority in recognition to Mem- General debate shall be confined to the bill bers who have preprinted their amend- We have passed this a couple times in and shall not exceed one hour equally di- the House. I would make this pledge to vided and controlled by the chairman and ments in the CONGRESSIONAL RECORD. my good friend the gentleman from ranking minority member of the Committee In addition, the rule allows the chair- Ohio (Mr. LATOURETTE): If the other on Transportation and Infrastructure. After man of the Committee of the Whole to body does not act on it this year, I am general debate the bill shall be considered postpone votes during the consider- personally paying a visit over there. for amendment under the five-minute rule. It ation of the bill and to reduce voting This is overdue, the distinguished ca- shall be in order to consider as an original time to 5 minutes on a postponed ques- reer of Congressman de la Garza must bill for the purpose of amendment under the tion if the vote follows a 15 minute five-minute rule the amendment in the na- vote. Finally, the rule provides one mo- now be commemorated by designating ture of a substitute recommended by the the border station in Pharr, Texas, as Committee on Transportation and Infra- tion to recommit, with or without in- the Kika de la Garza Border Station. structure now printed in the bill. The com- structions. Before I yield back my time, I want mittee amendment in the nature of a sub- Mr. Speaker, the purpose of H.R. 2957 to thank the committee staff. It does a stitute shall be considered as read. During is to coordinate and provide financial

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.095 pfrm01 PsN: H03PT1 H2462 CONGRESSIONAL RECORD — HOUSE May 3, 2000 and technical assistance for water With that, Mr. Speaker, I have no The purpose of the management con- quality restoration activities in the further requests for time, I yield back ference is to help these local and State Lake Pontchartrain Basin. The Lake the balance of my time, and I move the organizations come up with a plan for Pontchartrain watershed covers a 5,000 previous question on the resolution. basin restoration that recommends ac- square mile area, including all or part The previous question was ordered. tivities and projects. In addition, H.R. of 16 Louisiana parishes and four coun- The resolution was agreed to. 2957 creates a Lake Ponchartrain basin ties in Mississippi. A motion to reconsider was laid on restoration program within EPA mod- Since the 1940s, increasing popu- the table. eled after the Long Island Sound pro- lation, urbanization and land use The SPEAKER pro tempore (Mr. gram. This program will help coordi- changes have adversely affected the HASTINGS of Washington). Pursuant to nate ongoing voluntary efforts to re- basin, resulting in a number of serious House Resolution 484 and rule XVIII, duce pollution and restore the ecologi- environmental problems and declining the Chair declares the House in the cal health of the basin, and will provide health of the watershed. To address Committee of the Whole House on the financial assistance to help fund the this problem, H.R. 2957 would establish State of the Union for the consider- activities and projects recommended within the EPA the Lake Pont- ation of the bill, H.R. 2957. by the management conference. chartrain Basin Program in order to b 1458 Finally, H.R. 2957 authorizes $100 mil- restore the ecological health of the lion to provide continued Federal as- IN THE COMMITTEE OF THE WHOLE basin by developing and funding res- sistance to the project to prevent in- Accordingly, the House resolved toration projects and related scientific flow and infiltration in New Orleans itself into the Committee of the Whole and public education projects. and Jefferson Parish. Completing this House on the State of the Union for the The Congressional Budget Office esti- project, which is an integral part of consideration of the bill (H.R. 2957) to mates that implementing H.R. 2957 basin restoration efforts, will require a amend the Federal Water Pollution would cost $108 million over the 2001 to total investment of over $300 million, Control Act to authorize funding to 2005 period, assuming appropriation of most of which will be provided from carry out certain water quality res- those authorized amounts. The bill State and local sources of funding. toration projects for Lake Pont- would not affect direct spending or re- Mr. Chairman, I commend the gentle- chartrain Basin, Louisiana, and for ceipts; therefore, pay-as-you-go proce- men from Louisiana (Mr. VITTER) and other purposes, with Mr. OSE in the dures would not apply. Furthermore, (Mr. JEFFERSON) for their efforts on chair. this legislation. I would also like to the bill contains no intergovernmental The Clerk read the title of the bill. or private sector mandates and would The CHAIRMAN. Pursuant to the thank the gentleman from Pennsyl- impose no costs on state, local, or trib- rule, the bill is considered as having vania (Mr. BORSKI), the ranking mem- al governments. been read the first time. ber of the subcommittee, my colleague Accordingly, Mr. Speaker, I urge my Under the rule, the gentleman from and friend, and also the gentleman colleagues to support both the open New York (Mr. BOEHLERT) and the gen- from Minnesota (Mr. OBERSTAR), the rule reported by the Committee on tleman from Pennsylvania (Mr. BOR- ranking member of the full committee, Rules and the underlying bill, H.R. SKI) each will control 30 minutes. and of course the gentleman from 2957. The Chair recognizes the gentleman Pennsylvania (Mr. SHUSTER), the chair- Mr. Speaker, I reserve the balance of from New York (Mr. BOEHLERT). man of the full committee, for their my time. Mr. BOEHLERT. Mr. Chairman, I leadership and cooperation in bringing Mr. FROST. Mr. Speaker, I yield my- yield myself such time as I may con- this bill to the floor. I would urge all of self such time as I may consume. sume. my colleagues to support H.R. 2957. Mr. Speaker, House Resolution 484 is Mr. Chairman, the Lake Pont- Mr. Chairman, I reserve the balance an open rule providing for 1 hour of chartrain Basin is the largest estuary of my time. general debate on H.R. 2957, the Lake in the Gulf Coast region and one of the Mr. BORSKI. Mr. Chairman, I yield Pontchartrain Basin Restoration Act. largest estuaries in the United States. myself such time as I may consume. The rule does provide one waiver, how- However, due to urbanization, in- (Mr. BORSKI asked and was given ever. Since the bill was not filed until creased population growth, and inten- permission to revise and extend his re- yesterday, the rule waives the 3-day sive land uses, many water bodies in marks.) layover requirement of clause 4(a) of this watershed do not meet their des- Mr. BORSKI. Mr. Chairman, I rise in rule XIII. ignated uses. The sources of pollution support of H.R. 2957, the Lake This legislation establishes Lake in the Basin include inadequate sewage Ponchartrain Basin Restoration Act. Pontchartrain as an estuary of na- systems or septic tanks systems, com- This legislation, as amended by the tional significance under the National bined sanitary and storm water sewer Committee on Transportation and In- Estuary Program and requires EPA to overflows, as well as urban and agricul- frastructure, would create a priority establish a Lake Pontchartrain Basin tural runoff. for the inclusion of the Lake Restoration Program to coordinate ef- State and local agencies are working Ponchartrain Basin into the EPA’s Na- forts to reduce pollution and restore cooperatively with private organizational Estuary Program. By including the health of the basin watershed. tions on restoration efforts. However, the basin into the NEP, the adminis- These are important steps to improve they cannot do it alone. H.R. 2957, in- trator would be authorized to begin de- the health of this important body of troduced by our committee colleague, velopment of a comprehensive con- water. The bill also authorizes $100 mil- the gentleman from Louisiana (Mr. servation management plan for the lion for a project to reduce the amount VITTER), and the gentleman from Lou- basin in order to promote its long-term of sewage that enters the lake from isiana (Mr. JEFFERSON), supports these ecological protection. In addition, this New Orleans and neighboring parishes. State and local efforts. legislation would establish a new pro- Mr. Speaker, I know of no con- First, the bill identifies the Lake gram office within EPA aimed at re- troversy surrounding this bill. There- Pontchartrain Basin as an estuary of storing the ecological health of the fore, I support this open rule, which national significance and adds this es- basin and coordinating the develop- will allow any Member to offer ger- tuary to the list of estuaries in section ment of its CCMP. mane amendments to this proposal. 320 of the Clean Water Act that are to This new program office would pro- Mr. Speaker, I have no further re- be given priority consideration for the vide administrative and technical as- quests for time, and I yield back the National Estuaries Program. sistance to a management conference balance of my time. convened for the protection of the Mr. HASTINGS of Washington. Mr. b 1500 basin. This office would also be respon- Speaker, I know that it is not in order Under the National Estuaries Pro- sible for coordinating any grant, re- at all for me to say this, but it is my gram, EPA will convene a management search and planning programs author- mother’s 86th birthday today, and I am conference for the Lake Ponchartrain ized under this act, including grants not going to mention that in a formal Basin with representation by appro- for public education projects consistent sense. priate local and State organizations. with any management plan.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.097 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2463 Because the drainage basin for the nificantly degraded water quality. Loss still a long road ahead before we regain Lake Ponchartrain watershed extends of wetlands due to subsistence, salt a sustainable, fully functioning eco- across much of southern Louisiana and water intrusion, and hurricanes also system. Mississippi, it is the intent of the Com- have harmed basin wildlife populations For as long as I have lived, I have mittee on Transportation and Infra- and placed 13 species, 13, on the U.S. never known the lake as a place to structure that any management con- Fish and Wildlife Service Threatened swim, as I mentioned. Hopefully, my ference appointed to develop a CCMP or Endangered Species List. Today, three daughters, Sophie, Lise, and for the basin include appropriate rep- swimming is still not allowed on the Airey will not have to say that, will resentatives from the States of Lou- south shore of the lake due to the high not have that same perception and isiana and Mississippi. levels of pollution. memory when they are my age. In addition, in order to ensure that Because of all of this, last September Mr. Chairman, this legislation was the surrounding communities are fully I introduced one of my first pieces of reported unanimously from both the informed, the bill requires the newly- legislation in the Congress, the Lake subcommittee and the committee with established program office to collect Pontchartrain Basin Restoration Act. unanimous bipartisan support. I urge and make available to the public infor- This is designed to facilitate and accel- all of my House colleagues to vote in mation on the environmental health of erate the restoration, maintenance, favor of it. the basin. and cleanup of truly one of America’s I want to thank again the full com- Mr. Chairman, H.R. 2957 authorizes most significant bodies of water. mittee chairman, the gentleman from the basin restoration program at $5 This act will create a coordinated Pennsylvania (Mr. SHUSTER), the rank- million per year for 5 years. In addi- technically-sound program for the res- ing member, the gentleman from Min- tion, the bill authorizes $100 million for toration and sustainable health of the nesota (Mr. OBERSTAR), our sub- inflow and infiltration projects that ecosystem. It will amend the clean committee chairman, the gentleman are currently under construction in water act to establish a program for from New York (Mr. BOEHLERT), and New Orleans, Louisiana, a project water quality restoration activities in the subcommittee ranking member, which is viewed as integral to the long- the basin. Most importantly, it will the gentleman from Pennsylvania (Mr. term protection of water quality in the focus on voluntary, positive, proactive BORSKI), and all of the staff who have basin. restoration projects, not an increase in assisted on the bill, particularly Ben Mr. Chairman, I also want to com- government regulation, not bureau- Brumbles and Susan Bodine of the Sub- mend the gentlemen from Louisiana cratic finger-pointing. There will also committee on Water Resources. (Mr. VITTER) and (Mr. JEFFERSON) for be extensive input by all of the local Mr. BORSKI. Mr. Chairman, I yield 4 their hard work in support of this bill, stakeholders in Southeast Louisiana minutes to the distinguished gen- and I also want to thank my distin- and the four Mississippi counties af- tleman from Ohio (Mr. TRAFICANT). guished subcommittee chairman, the fected, including all government enti- Mr. TRAFICANT. Mr. Chairman, I gentleman from New York (Mr. BOEH- ties in the basin and universities and thank my distinguished friend from LERT) for working with us in a bipar- restoration groups. So it is a great pro- Philadelphia, my neighboring State of tisan manner, which is the way this ductive, proactive model to use. Pennsylvania. I have an amendment committee always operates. It is great- Since introducing this act, I have that I am waiting for that is coming ly appreciated. held town hall meetings on the bill in from my office, Mr. Chairman. But I Mr. Chairman, I reserve the balance Louisiana. I have met with hundreds of support this bill, and I want to com- of my time. citizens and local elected officials to mend the leadership of the gentleman Mr. BOEHLERT. Mr. Chairman, I solicit their input. Their response has from New York (Mr. BOEHLERT), and I yield 5 minutes to the gentleman from been overwhelming and enthusiastic want to thank him for helping me se- Louisiana (Mr. VITTER), the primary and positive. These meetings were im- cure the class A franchise in the New author of this legislation. But before I portant because they affirmed the York Penn League baseball, now do so, let me acknowledge that often- right model we are using for this legis- known as the Mahoney Valley Scrap- times Members come here and it takes lation. pers. He does a tremendous job on our quite a while before they make an im- Mr. Chairman, I do want to say, committee and I appreciated your help pact on this institution. The gen- though, this legislation builds on a lot on bringing the president of the league tleman from Louisiana (Mr. VITTER) is of local support and activity that has up, that was a big help. I want to thank an exception to the rule. been going on for some years. There the gentleman from Pennsylvania (Mr. Mr. VITTER. Mr. Chairman, I thank has been progress in cleaning up the BORSKI) for all the work that he has the gentleman for those kind words. lake and the basin, and I want to, in done. If one wants to pass water, one Today, of course, I rise in strong sup- particular, highlight and salute the wants to talk with him. He is the guy port of this Lake Pontchartrain Basin Lake Pontchartrain Basin Foundation that does it around here. Restoration Act, H.R. 2957, because it for its superb work in turning the cor- I just want to make a couple of com- truly will revitalize a national treasure ner and cleaning up the lake and bring- ments. I support this, and support al- for the American people. ing all parts of the community and all most every public works project in The Lake Pontchartrain Basin is interested citizens and elected officials America, and I want the top gun to about 5,000 square miles. It encom- together. Their past efforts and out- hear this. We have spent $12.6 billion to passes 16 parishes in Southeast Lou- reach programs have informed many build a tunnel in Bosnia. It is now $1.2 isiana, as well as four Mississippi coun- citizens in Southeast Louisiana about billion over cost. But I am sure it is ties. It is one of the largest estuaries in the steps we can all take to reduce pol- going to have merit. the United States, and at the center of lution. Tremendous success has been Mr. Chairman, I have been advancing this basin is 630 square miles of water, achieved already. the prospect of completing the inter- Lake Pontchartrain, that is sur- For instance, last summer I saw por- navigable water system in the United rounded by almost 1.5 million resi- poises and manatees in Lake Pont- States by connecting the Beaver River dents, making it the most populated chartrain, and that was something just north of Pittsburgh, 110 miles away area in the State of Louisiana. a few years ago no one would have ever from Lake Erie, to revitalize every The problem with this area is that guessed and soon, many of the no piece of industrial wasteland between over the past 60 years wetlands loss, swimming signs on the south shore will Chicago and New York; Mr. Chairman, human activities, natural forces have be taken up. Those signs first began to 60 percent of factories, 60 percent of the had a lot of adverse impacts on the appear in Lake Pontchartrain in 1962 population within the region. They Pontchartrain Basin. Wetlands around when I was one year old. said it is too expensive. The Army the basin have been drained, dredged, Unfortunately, not all of the news is Corps of Engineers said, Mr. TRAFI- filled and channeled for oil and gas de- good news. On the north shore of the CANT, we would love to build this; but velopment. Storm water discharges, in- lake where there is tremendous devel- we are afraid of its cost, so we are not adequate waste water treatment, agri- opment, some of those ‘‘no swimming’’ going to support it. We have the great- cultural activities, they have all sig- signs are soon to be erected, so there is est builders in the world, the Army

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.107 pfrm01 PsN: H03PT1 H2464 CONGRESSIONAL RECORD — HOUSE May 3, 2000 Corps of Engineers, putting their fin- (Mr. VITTER) in a bipartisan effort to Mr. Chairman, the Federal challenge gers in the holes of the dike, not really request this House vote to pass this im- here today is to help us to balance the maximizing the infrastructure of our portant environmental restoration and management of the river and the need internavigable water system. I say to protection legislation. for flood control for New Orleans, for my colleagues, it is time that we do This is the gentleman’s birthday, I the Nation, while at the same time bal- that and put America to work. understand; and it is a wonderful birth- ancing the management of the ecologi- Let me say one last thing. How can day present for him to have this bill cal and economically important re- there be an affected total comprehen- passed. But more than that, a wonder- sources for the lake. sive multi-modality transportation ful gift to the people of our State that Mr. Chairman, we have been working network without a full, comprehensive he is providing under his leadership, on the problem of restoring the lake navigable water system connecting the and I thank him for his efforts. basin locally. It is time that the Fed- Great Lakes to the Ohio River? Think H.R. 2957 amends the Federal Water eral Government adds its weight and about it. I don’t know how much time Pollution Control Act to authorize ability to coordinate these efforts, and it is going to take for my amendment Federal support and coordination of its resources, to help with this impor- to be here, and now I would like to water quality restoration projects for tant initiative. speak to the effect of my amendment. the Lake Pontchartrain Basin in Lou- Mr. Chairman, I thank the gentleman I understand this is an amendment to isiana. By passing this legislation from Pennsylvania (Mr. BORSKI) for the Clean Water Act, the bill itself, and today, Congress will join with the yielding me this time, and I thank my I commend my colleagues’ constructive State of Louisiana, local governments colleague for his work on this measure. ingenuity to affect this common and of the Metropolitan New Orleans area, It is a pleasure to join him, and I urge well-thought-out goal. However, that local universities, the Lake Pont- my colleagues to join us in passing this Buy American, that Clean Water Act chartrain Basin Foundation, and pri- bill today. amendment already is covered by the vate citizens who have already recog- Mr. BORSKI. Mr. Chairman, I have Buy American Act. But the Buy Amer- nized that the lake is important and it no further requests for time, and I ican Act does not provide for a notice. is important to restore the water qual- yield back the balance of my time. The Traficant amendment says, yes, ity in the Lake Pontchartrain Basin. Mr. BOEHLERT. Mr. Chairman, I you must abide by the Buy American Mr. Chairman, Lake Pontchartrain is have no further requests for time, and Act that is in the bill, and Congress one of the largest estuaries in the con- I yield back the balance of my time. recommends this, because we cannot tinental United States, and it is impor- The CHAIRMAN. All time for general mandate that they buy America, but tant that the Federal Government join debate has expired. encourages the support of buy Amer- in the effort to restore water quality Pursuant to the rule, the committee ican-made products or spending that on there. The lake has a diverse ecology amendment in the nature of a sub- goods and services made in America. that is essential to the habitat that stitute printed in the bill is considered But more importantly, it gives notice supports numerous species of fish, as an original bill for the purpose of from the Congress of the United States birds, mammals, and plants there. amendment and is considered read. saying look, you are getting money, Lake Pontchartrain also handles the The text of the committee amend- try and expend that money wherever major storm water runoff for the 16 ment in the nature of a substitute is as possible on American-made goods. parishes in Louisiana that surround it. follows: The top gun is protected, and all of As a direct result of sewage and septic H.R. 2957 us work hard on the bill. So I hope that tank discharges, animal waste from Be it enacted by the Senate and House of my staff will have heeded this clarion nearby farms that contain herbicides, Representatives of the United States of America call and have my amendment here pesticides, fertilizers, runoff from con- in Congress assembled, forthwith. struction sediments, and other sources SECTION 1. SHORT TITLE. Mr. BOEHLERT. Mr. Chairman, I of pollution, the lake’s water quality This Act may be cited as the ‘‘Lake Pont- yield myself such time as I may con- has been compromised to the point chartrain Basin Restoration Act of 2000’’. sume to say that this is the birthday of that fishing and swimming has been SEC. 2. NATIONAL ESTUARY PROGRAM. the gentleman from Louisiana (Mr. prohibited for decades. (a) FINDING.—Congress finds that the Lake Ponchartrain Basin is an estuary of national VITTER), the primary author of the bill, Already, our local initiatives have and Congress is not just presenting him significance. started to address the issue of water (b) ADDITION TO NATIONAL ESTUARY PRO- with a $125 million birthday present, quality, and some predict that one day Congress is advancing on a bipartisan GRAM.—Section 320(a)(2)(B) of the Federal in the near future swimming may be Water Pollution Control Act (33 U.S.C. basis responsible legislation that rep- permitted again and fishing may be re- 1330(a)(2)(B)) is amended by inserting ‘‘Lake resents good public policy. stored fully. Ponchartrain Basin, Louisiana and Mis- With respect to the comments of my Restoration of the basin continues to sissippi;’’ before ‘‘and Peconic Bay, New good friend from Ohio, let me point out be a major task for the State and local York.’’. that this committee has the habit of governments, and greater coordination SEC. 3. LAKE PONTCHARTRAIN BASIN. working constructively in a positive N ENERAL is needed for restoration efforts. (a) I G .—Title I of the Federal Water manner with him to fashion his lan- Pollution Control Act (33 U.S.C. 1251 et seq.) is Mr. Speaker, there is another reason amended by adding at the end the following: guage in a way that we can all em- for Federal involvement. Lake Pont- ‘‘SEC. 121. LAKE PONTCHARTRAIN BASIN. brace, and we eagerly anticipate the chartrain also serves as a relief valve arrival of that language so that it can ‘‘(a) ESTABLISHMENT OF RESTORATION PRO- for Mississippi River spring floods GRAM.—The Administrator shall establish with- be given the careful scrutiny to which which bring waters from regions ex- this committee has become accus- in the Environmental Protection Agency the ceeding way north of our State when Lake Pontchartrain Basin Restoration Program. tomed. high water at New Orleans requires ‘‘(b) PURPOSE.—The purpose of the program b 1515 opening of the Bonnet Carre Spillway. shall be to restore the ecological health of the Basin by developing and funding restoration Mr. Chairman, at this juncture, I Every time that the spillway has been opened, eight times since 1932, the projects and related scientific and public edu- have no further requests for time; and cation projects. I reserve the balance of my time. last 1997, the deluge of Mississippi ‘‘(c) DUTIES.—In carrying out the program, Mr. BORSKI. Mr. Chairman, I yield 5 River flood waters that are diverted the Administrator shall— minutes to the gentleman from Lou- through Lake Pontchartrain have ‘‘(1) provide administrative and technical as- isiana (Mr. JEFFERSON), the cosponsor wreaked havoc on the delicate ecologi- sistance to a management conference convened of this bill. cal balance in the basin. The waters of for the Basin under section 320; Mr. JEFFERSON. Mr. Chairman, I Lake Pontchartrain are brackish, not ‘‘(2) assist and support the activities of the fresh water, not salt water; and the ti- management conference, including the imple- appreciate the allocation of time by mentation of recommendations of the manage- the gentleman from Pennsylvania (Mr. tanic influx of fresh water from the ment conference; BORSKI). floods act as a toxic shock to the lake’s ‘‘(3) support environmental monitoring of the Mr. Chairman, I rise this afternoon environment that can take years to Basin and research to provide necessary tech- to join the gentleman from Louisiana overcome. nical and scientific information;

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 6333 E:\CR\FM\K03MY7.109 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2465 ‘‘(4) develop a comprehensive research plan to American Act that everybody seems to Congress, but the notice shall not be a address the technical needs of the program; overlook and buy goods made from sense of the Congress. The historical ‘‘(5) coordinate the grant, research, and plan- China and all over the place, with a debate on this would be that, yes, it is ning programs authorized under this section; trade deficit that is now approaching a sense of the Congress amendment, and ‘‘(6) collect and make available to the public $300 billion with China, surpassing Ja- but there shall be a notice given that it publications, and other forms of information the pan’s $60 billion. China will amass a is a sense of the Congress that they do management conference determines to be appro- $70-plus billion trade surplus. abide by the Buy American Act. In priate, relating to the environmental quality of They are buying nuclear attack sub- other words, a notice will be given, Mr. the Basin. marines and intercontinental ballistic Chairman. ‘‘(d) GRANTS.—The Administrator may make missiles with our money. I have got to Mr. BOEHLERT. Mr. Chairman, if grants— say ‘‘beam me up.’’ my distinguished colleague would ‘‘(1) for restoration projects and studies rec- So the Traficant amendment says, again yield. ommended by a management conference convened for the Basin under section 320; look, the Clean Water Act has a Buy Mr. TRAFICANT. Glad to yield to ‘‘(2) for public education projects rec- American statute in it, but it is so the gentleman. ommended by the management conference; and weak I do not think it could knock out Mr. BOEHLERT. Mr. Chairman, that ‘‘(3) for the inflow and infiltration project Palooka. All we say, and all I say in is perfectly acceptable. sponsored by the New Orleans Sewerage and this amendment, is abide by the Buy MODIFICATION TO AMENDMENT OFFERED BY Water Board and Jefferson Parish, Louisiana. American Act, but give a notice of MR. TRAFICANT ‘‘(e) DEFINITIONS.—In this section, the fol- what that Buy American Act stands for Mr. TRAFICANT. Mr. Chairman, I lowing definitions apply: so that the people who are getting ask unanimous consent that the words ‘‘(1) BASIN.—The term ‘Basin’ means the Lake spoken by the gentleman from New Pontchartrain Basin, a 5,000 square mile water- these grants will at least have embed- shed encompassing 16 parishes in the State of ded in their psyche that the Congress York (Mr. BOEHLERT) which state that Louisiana and 4 counties in the State of Mis- of the United States would like to en- it is the sense of the Congress that, sissippi. courage them in expending American bang, before the Traficant amendment ‘‘(2) PROGRAM.—The term ‘program’ means taxpayer dollars wherever possible, to be that which is incorporated into the the Lake Pontchartrain Basin Restoration Pro- expand it on American-made goods and amendment. gram established under subsection (a). services. The CHAIRMAN. The Clerk will re- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— Now, having explained it, and want- port the modification to the amend- ‘‘(1) IN GENERAL.—There is authorized to be ment offered by the gentleman from appropriated— ing to have my standard language in, I ‘‘(A) $100,000,000 for the inflow and infiltra- believe that this language is signifi- Ohio (Mr. TRAFICANT). tion project sponsored by the New Orleans Sew- cant enough and will require some The Clerk read as follows: erage and Water Board and Jefferson Parish, task, but a task that is worthy of any At the beginning of the text proposed to be Louisiana; and administrator to effect a Buy Amer- inserted, add the following: It is the sense of the Congress that All recipients of grants ‘‘(B) $5,000,000 for each of fiscal years 2001 ican posture by our procurement poli- through 2005 to carry out this section. pursuant to this act shall abide by the Buy Such sums shall remain available until ex- cies. American Act. The Administrator of the En- pended. I would hope that the gentleman’s vironmental Protection Agency shall give ‘‘(2) PUBLIC EDUCATION PROJECTS.—Not more reservation in this matter can be notice of the Buy American Act require- that 15 percent of the amount appropriated pur- abated. ments to grant applicants. suant to paragraph (1)(B) in a fiscal year may Mr. BOEHLERT. Mr. Chairman, will The CHAIRMAN. Is there objection be expended on grants for public education the gentleman yield? to the modification to the amendment projects under subsection (d)(2).’’. Mr. TRAFICANT. I yield to the gen- offered by the gentleman from Ohio The CHAIRMAN. During consider- tleman from New York. (Mr. TRAFICANT)? ation of the bill for amendment, the Mr. BOEHLERT. Mr. Chairman, let Mr. TRAFICANT. Clarification, Mr. Chair may accord priority in recogni- me ask my distinguished colleague, Chairman. Clarification. And the re- tion to a Member offering an amend- well, first of all let me give a preamble. mainder of it shall be after the Buy ment that he has printed in the des- I think the objective of the gentle- American Act, period: The Adminis- ignated place in the CONGRESSIONAL man’s amendment is sound. I think the trator of the Environmental Protection RECORD. Those amendments will be concept is noble. I am wondering if the Agency shall give notice. That lan- considered read. gentleman might ask that his amend- guage shall remain. The Chairman of the Committee of ment might be amended to have a pre- The CHAIRMAN. The Clerk will the Whole may postpone a request for a amble: ‘‘It is the sense of Congress again report the modification. recorded vote on any amendment and that,’’ and continue on. That would Mr. TRAFICANT. In further may reduce to a minimum of 5 minutes make it consistent with previous en- clarification—— the time for voting on any postponed deavors advanced by the gentleman The CHAIRMAN. The gentleman will question that immediately follows an- from Ohio. suspend. The Clerk will report the other vote, provided that the time for Mr. TRAFICANT. Mr. Chairman, re- modification. voting on the first question shall be a claiming my time, that would be fine The Clerk read as follows: minimum of 15 minutes. except to say that it is the sense of The amendment as modified is as follows: Are there any amendments to the Congress, and the administrator says it At the end of the bill, add the following new bill? is a sense of Congress and he does not section: It is the sense of Congress that all give a notice. If we want the adminis- recipients of grants pursuant to this act AMENDMENT OFFERED BY MR. TRAFICANT shall abide by the Buy American Act. The Mr. TRAFICANT. Mr. Chairman, I trator to say that it is the sense of Administrator of the Environmental Protec- offer an amendment. Congress to abide by the Buy American tion Agency shall give notice of the Buy The Clerk read as follows: Act, I do not know why we should pass American Act Requirements to the grant ap- Amendment offered by Mr. TRAFICANT: the Buy American Act. What is the use plicants. All recipients of grants pursuant to this of a law if we make it a sense of Con- Mr. TRAFICANT. That is in essence act shall abide by the Buy American Act and gress and they do not have to abide by a complete—— the Administrator of the Environmental it? The CHAIRMAN. Is there objection Protection Agency shall give notice of the Mr. BOEHLERT. Mr. Chairman, to the modification? Buy American Act requirements to grant ap- would the gentleman continue to yield? There was no objection. plicants. Mr. TRAFICANT. Mr. Chairman, I Mr. TAUZIN. Mr. Chairman, I move Mr. TRAFICANT. Mr. Chairman, it is am not so sure that I will yield after to strike the last word. a very forthright little handwritten that argument. I will yield. Mr. Chairman, I do so to enter into a amendment. The gentleman from New Mr. BOEHLERT. Mr. Chairman, I am colloquy with the gentleman from Lou- York (Chairman BOEHLERT), who has trying to assist my noble colleague in isiana (Mr. VITTER), my good friend. reserved the right to object, should making the language—— The report accompanying this bill de- make note of the fact that it is like a Mr. TRAFICANT. Mr. Chairman, I fines certain members of the manage- reinforcement that there is a Buy would be glad to make it a sense of the ment conference. Could the gentleman

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.062 pfrm01 PsN: H03PT1 H2466 CONGRESSIONAL RECORD — HOUSE May 3, 2000 please share with me his intentions in BOEHNER) having assumed the chair, Deutsch Jones (OH) Pease Diaz-Balart Kanjorski Pelosi regards to the makeup of this manage- Mr. OSE, Chairman of the Committee of Dickey Kaptur Peterson (MN) ment conference. the Whole House on the State of the Dicks Kasich Peterson (PA) Mr. VITTER. Mr. Chairman, will the Union, reported that that Committee, Dingell Kelly Petri gentleman yield? having had under consideration the bill Dixon Kennedy Phelps Doggett Kildee Pickering Mr. TAUZIN. I yield to the gen- (H.R. 2957) to amend the Federal Water Dooley Kilpatrick Pickett tleman from Louisiana. Pollution Control Act to authorize Doolittle Kind (WI) Pitts Mr. VITTER. Mr. Chairman, it is cer- funding to carry out certain water Doyle King (NY) Pombo tainly my intention to clarify that rep- Dreier Kingston Pomeroy quality restoration projects for Lake Duncan Kleczka Porter resentation from each of the 16 par- Pontchartrain Basin, Louisiana, and Dunn Klink Portman ishes in Louisiana in the Lake for other purposes, pursuant to House Edwards Knollenberg Price (NC) Ponchartrain Basin estuary will be in- Resolution 484, he reported the bill Ehlers Kolbe Pryce (OH) cluded in the management conference. Ehrlich Kucinich Quinn back to the House with an amendment Emerson Kuykendall Radanovich Mr. TAUZIN. Mr. Chairman, reclaim- adopted by the Committee of the Engel LaFalce Rahall ing my time, the report filed with the Whole. English LaHood Ramstad bill also clarifies that this legislation The SPEAKER pro tempore. Under Eshoo Lampson Rangel does not create new regulatory author- Etheridge Lantos Regula the rule, the previous question is or- Evans Largent Reyes ity over the basin; however, it sets dered. Everett Larson Reynolds broad goals for the estuary. Could the Is a separate vote demanded on the Ewing Latham Riley gentleman share his intentions on the Farr LaTourette Rivers amendment to the committee amend- Fattah Lazio Rodriguez goals of this legislation and for the es- ment in the nature of a substitute Filner Leach Roemer tuary. adopted in the Committee of the Fletcher Lee Rogan Mr. VITTER. Mr. Chairman, if the Whole? If not, the question is on the Foley Levin Rogers gentleman would continue to yield, Forbes Lewis (CA) Rohrabacher committee amendment in the nature of Ford Lewis (GA) Ros-Lehtinen certainly, it is the intention of this a substitute. Fossella Lewis (KY) Rothman legislation to address inflow and infil- The committee amendment in the Fowler Linder Roukema Frank (MA) Lipinski Roybal-Allard tration problems of the municipal nature of a substitute was agreed to. sewer systems in the estuary that are Franks (NJ) LoBiondo Rush The SPEAKER pro tempore. The Frelinghuysen Lofgren Ryan (WI) adversely affecting the ecosystem of question is on the engrossment and Gallegly Lowey Ryun (KS) the basin and to provide the assistance third reading of the bill. Ganske Lucas (KY) Sabo necessary to focus on voluntary res- Gejdenson Luther Salmon The bill was ordered to be engrossed Gekas Maloney (CT) Sanchez toration projects that will benefit the and read a third time, and was read the Gephardt Maloney (NY) Sanders health and productivity of the Lake third time. Gibbons Manzullo Sandlin Gilchrest Markey Sawyer Ponchartrain Basin. It does not provide The SPEAKER pro tempore. The any new regulatory authority in the Gillmor Martinez Saxton question is on the passage of the bill. Gilman Mascara Scarborough basin. The question was taken; and the Gonzalez Matsui Schakowsky I intend to more clearly define the Goode McCarthy (MO) Scott Speaker pro tempore announced that goals of the legislation and manage- Goodlatte McCarthy (NY) Sensenbrenner the ayes appeared to have it. ment conference in the conference re- Goodling McCollum Serrano Mr. BOEHLERT. Mr. Speaker, on Gordon McCrery Sessions port of this bill. that I demand the yeas and nays. Goss McDermott Shadegg Mr. TAUZIN. Mr. Chairman, I want Graham McGovern Shaw to thank the gentleman for the clari- The yeas and nays were ordered. Granger McHugh Shays Green (TX) McInnis Sherman fication, and I would like to congratu- The SPEAKER pro tempore. Pursu- ant to clause 8(c) of rule XX, this 15- Green (WI) McIntosh Sherwood late the gentleman from Louisiana for Greenwood McIntyre Shimkus his fine work on behalf of the citizens minute vote will be followed by a series Gutknecht McKeon Shows of 5-minute votes on motions to sus- Hall (OH) McKinney Shuster of south Louisiana in this important Hall (TX) McNulty Simpson basin. I look forward to continuing to pend the rules postponed from earlier today. Hansen Meehan Sisisky work with him on this bill throughout Hastert Meek (FL) Skeen the legislative process and encourage The vote was taken by electronic de- Hastings (FL) Meeks (NY) Skelton Hastings (WA) Menendez Slaughter its passage by this House. vice, and there were—yeas 418, nays 6, not voting 11, as follows: Hayes Metcalf Smith (MI) The CHAIRMAN. The question is on Hayworth Mica Smith (NJ) the amendment, as modified offered by [Roll No. 138] Hefley Millender- Smith (TX) the gentleman from Ohio (Mr. TRAFI- YEAS—418 Herger McDonald Smith (WA) Hill (IN) Miller (FL) Snyder CANT). Abercrombie Blagojevich Chabot Hill (MT) Miller, Gary Souder The amendment, as modified, was Ackerman Bliley Chambliss Hilleary Miller, George Spence agreed to. Aderholt Blumenauer Clay Hilliard Minge Spratt Allen Blunt Clayton Mr. BOEHLERT. Mr. Chairman, I Hinchey Mink Stabenow Andrews Boehlert Clement Hinojosa Moakley Stark have a parliamentary inquiry. Archer Boehner Clyburn Hobson Mollohan Stearns The CHAIRMAN. The gentleman will Armey Bonilla Coble Hoeffel Moore Stenholm state it. Baca Bonior Collins Hoekstra Moran (KS) Strickland Bachus Bono Combest Mr. BOEHLERT. Mr. Chairman, does Holden Moran (VA) Stump Baird Borski Condit Holt Morella Stupak that mean that the Traficant-Boehlert Baker Boswell Conyers Hooley Murtha Sununu amendment has just passed? Baldacci Boucher Cooksey Horn Nadler Sweeney The CHAIRMAN. Yes, the gentleman Baldwin Boyd Costello Houghton Napolitano Talent Ballenger Brady (PA) Cox is correct. Hoyer Neal Tancredo Barcia Brady (TX) Coyne Hulshof Nethercutt Tanner b 1530 Barr Brown (FL) Cramer Hunter Ney Tauscher Barrett (NE) Brown (OH) Crane Hutchinson Northup Tauzin The CHAIRMAN. Are there other Barrett (WI) Bryant Crowley Hyde Norwood Taylor (MS) amendments? Bartlett Burr Cubin Inslee Nussle Taylor (NC) If not, the question is on the com- Barton Burton Cummings Isakson Oberstar Terry Bass Buyer Cunningham Istook Obey Thomas mittee amendment in the nature of a Bateman Callahan Danner Jackson (IL) Olver Thompson (CA) substitute, as amended. Becerra Calvert Davis (FL) Jackson-Lee Ortiz Thompson (MS) The committee amendment in the Bentsen Camp Davis (IL) (TX) Ose Thornberry Bereuter Campbell Davis (VA) nature of a substitute, as amended, was Jefferson Owens Thune Berkley Canady Deal Jenkins Oxley Thurman agreed to. Berman Cannon DeFazio John Packard Tiahrt The CHAIRMAN. Under the rule, the Berry Capps DeGette Johnson (CT) Pallone Tierney Committee rises. Biggert Capuano Delahunt Johnson, E. B. Pascrell Toomey Bilbray Cardin DeLauro Accordingly, the Committee rose; Johnson, Sam Pastor Towns Bilirakis Carson DeLay Jones (NC) Payne Traficant and the Speaker pro tempore (Mr. Bishop Castle DeMint

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.116 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2467 Turner Wamp Weller [Roll No. 139] Oxley Salmon Tancredo Udall (CO) Waters Wexler Packard Sanchez Tanner Udall (NM) Watkins Weygand YEAS—421 Pallone Sanders Tauscher Upton Watt (NC) Whitfield Pascrell Sandlin Taylor (MS) Abercrombie Deutsch Johnson, E. B. Vento Watts (OK) Wilson Pastor Sanford Taylor (NC) Ackerman Diaz-Balart Johnson, Sam Visclosky Waxman Wolf Paul Sawyer Terry Aderholt Dickey Jones (NC) Vitter Weiner Woolsey Payne Saxton Thomas Allen Dicks Jones (OH) Walden Weldon (FL) Wu Pease Scarborough Thompson (CA) Andrews Dingell Kanjorski Walsh Weldon (PA) Wynn Pelosi Schaffer Thompson (MS) Archer Dixon Kaptur Peterson (MN) Schakowsky Thornberry NAYS—6 Armey Doggett Kasich Peterson (PA) Scott Thune Baca Dooley Kelly Chenoweth-Hage Paul Sanford Petri Sensenbrenner Thurman Bachus Doolittle Kennedy Hostettler Royce Schaffer Phelps Serrano Tiahrt Baird Doyle Kildee Pickering Sessions Tierney NOT VOTING—11 Baker Dreier Kilpatrick Pickett Shadegg Toomey Baldacci Duncan Kind (WI) Coburn Lucas (OK) Wise Pitts Shaw Towns Baldwin Dunn King (NY) Pombo Shays Traficant Cook Myrick Young (AK) Ballenger Edwards Kingston Frost Velazquez Young (FL) Pomeroy Sherman Turner Barcia Ehlers Kleczka Gutierrez Wicker Porter Sherwood Udall (CO) Barr Ehrlich Klink Portman Shimkus Udall (NM) b 1552 Barrett (NE) Emerson Knollenberg Price (NC) Shows Upton Barrett (WI) Engel Kolbe Pryce (OH) Shuster Vento Mr. SCHAFFER changed his vote Bartlett English Kucinich Quinn Simpson Visclosky from ‘‘yea’’ to ‘‘nay.’’ Barton Eshoo Kuykendall Rahall Sisisky Vitter Bass Etheridge LaFalce Ramstad Skeen Walden So the bill was passed. Bateman Evans LaHood Rangel Skelton Walsh The result of the vote was announced Becerra Everett Lampson Regula Slaughter Wamp as above recorded. Bentsen Ewing Lantos Reyes Smith (MI) Waters Bereuter Farr Largent A motion to reconsider was laid on Reynolds Smith (NJ) Watkins Berkley Fattah Larson Riley Smith (TX) Watt (NC) the table. Berman Filner Latham Rivers Smith (WA) Watts (OK) Berry Fletcher LaTourette f Rodriguez Snyder Waxman Biggert Foley Lazio Roemer Souder Weiner Bilbray Forbes Leach GENERAL LEAVE Rogan Spence Weldon (FL) Bilirakis Ford Lee Rogers Spratt Weldon (PA) Mr. BOEHLERT. Mr. Speaker, I ask Bishop Fossella Levin Rohrabacher Stabenow Weller Blagojevich Fowler Lewis (CA) unanimous consent that all Members Ros-Lehtinen Stark Wexler Bliley Frank (MA) Lewis (GA) Rothman Stearns Weygand may have 5 legislative days within Blumenauer Franks (NJ) Lewis (KY) Roukema Stenholm Whitfield which to revise and extend their re- Blunt Frelinghuysen Linder Roybal-Allard Strickland Wicker marks, and to include extraneous ma- Boehlert Gallegly Lipinski Royce Stump Wilson Boehner Ganske LoBiondo Rush Stupak Wolf terial on H.R. 2957, the bill just passed. Bonilla Gejdenson Lofgren Ryan (WI) Sununu Woolsey The SPEAKER pro tempore (Mr. Bonior Gekas Lowey Ryun (KS) Sweeney Wu OSE). Is there objection to the request Bono Gephardt Lucas (KY) Sabo Talent Wynn Borski Gibbons Luther of the gentleman from New York? Boswell Gilchrest Maloney (CT) NOT VOTING—13 There was no objection. Boucher Gillmor Maloney (NY) Coburn Lucas (OK) Wise Boyd Gilman Manzullo f Cook Myrick Young (AK) Brady (PA) Gonzalez Markey Cooksey Radanovich Young (FL) Brady (TX) Goode Martinez ANNOUNCEMENT BY THE SPEAKER Frost Tauzin Brown (FL) Goodlatte Mascara Gutierrez Velazquez PRO TEMPORE Brown (OH) Goodling Matsui Bryant Gordon McCarthy (MO) b 1603 The SPEAKER pro tempore. Pursu- Burr Goss McCarthy (NY) ant to clause 8 of rule XX, the Chair Burton Graham McCollum So (two-thirds having voted in favor will now put the question on each mo- Buyer Granger McCrery thereof) the rules were suspended and Callahan Green (TX) McDermott tion to suspend the rules on which fur- Calvert Green (WI) McGovern the Senate bill was passed. ther proceedings were postponed ear- Camp Greenwood McHugh The result of the vote was announced lier today in the order in which that Campbell Gutknecht McInnis as above recorded. motion was entertained. Canady Hall (OH) McIntosh Cannon Hall (TX) McIntyre A motion to reconsider was laid on Votes will be taken in the following Capps Hansen McKeon the table. order: Capuano Hastings (FL) McKinney f S. 2323, by the yeas and nays; Cardin Hastings (WA) McNulty Carson Hayes Meehan H.R. 4055, by the yeas and nays; and Castle Hayworth Meek (FL) IDEA FULL FUNDING ACT OF 2000 H.R. 1901, by the yeas and nays. Chabot Hefley Meeks (NY) The SPEAKER pro tempore. The The Chair will reduce to 5 minutes Chambliss Herger Menendez pending business is the question of sus- the time for any electronic vote in this Chenoweth-Hage Hill (IN) Metcalf Clay Hill (MT) Mica pending the rules and passing the bill, series. Clayton Hilleary Millender- H.R. 4055. f Clement Hilliard McDonald The Clerk read the title of the bill. Clyburn Hinchey Miller (FL) The SPEAKER pro tempore. The WORKER ECONOMIC OPPORTUNITY Coble Hinojosa Miller, Gary Collins Hobson Miller, George question is on the motion offered by ACT Combest Hoeffel Minge the gentleman from Pennsylvania (Mr. The SPEAKER pro tempore. The Condit Hoekstra Mink Conyers Holden Moakley GOODLING) that the House suspend the pending business is the question of sus- Costello Holt Mollohan rules and pass the bill, H.R. 4055, on pending the rules and passing the Sen- Cox Hooley Moore which the yeas and nays are ordered. ate bill, S. 2323. Coyne Horn Moran (KS) This will be a 5-minute vote. Cramer Hostettler Moran (VA) The Clerk read the title of the Senate Crane Houghton Morella The vote was taken by electronic de- bill. Crowley Hoyer Murtha vice, and there were—yeas 421, nays 3, The SPEAKER pro tempore. The Cubin Hulshof Nadler not voting 10, as follows: question is on the motion offered by Cummings Hunter Napolitano Cunningham Hutchinson Neal [Roll No. 140] the gentleman from Pennsylvania (Mr. Danner Hyde Nethercutt YEAS—421 GOODLING) that the House suspend the Davis (FL) Inslee Ney Abercrombie Baird Bartlett Davis (IL) Isakson Northup rules and pass the Senate bill, S. 2323, Ackerman Baker Barton Davis (VA) Istook Norwood Aderholt Baldacci Bass on which the yeas and nays are or- Deal Jackson (IL) Nussle Allen Baldwin Becerra dered. DeFazio Jackson-Lee Oberstar Andrews Ballenger Bentsen DeGette (TX) Obey This is a 5-minute vote. Archer Barcia Bereuter Delahunt Jefferson Olver The vote was taken by electronic de- Armey Barr Berkley DeLauro Jenkins Ortiz Baca Barrett (NE) Berman vice, and there were—yeas 421, nays 0, DeLay John Ose Bachus Barrett (WI) Berry not voting 13, as follows: DeMint Johnson (CT) Owens

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.063 pfrm01 PsN: H03PT1 H2468 CONGRESSIONAL RECORD — HOUSE May 3, 2000 Biggert Ford Lewis (CA) Rohrabacher Skelton Tiahrt Camp Hansen Meek (FL) Bilbray Fossella Lewis (GA) Ros-Lehtinen Slaughter Tierney Campbell Hastings (FL) Meeks (NY) Bilirakis Fowler Lewis (KY) Rothman Smith (MI) Toomey Canady Hastings (WA) Menendez Bishop Frank (MA) Linder Roukema Smith (NJ) Towns Cannon Hayes Metcalf Blagojevich Franks (NJ) Lipinski Roybal-Allard Smith (TX) Traficant Capps Hayworth Mica Bliley Frelinghuysen LoBiondo Royce Smith (WA) Turner Capuano Hefley Millender- Blumenauer Frost Lofgren Rush Snyder Udall (CO) Cardin Herger McDonald Blunt Gallegly Lowey Ryan (WI) Souder Udall (NM) Carson Hill (IN) Miller (FL) Boehlert Ganske Lucas (KY) Ryun (KS) Spence Upton Castle Hill (MT) Miller, Gary Boehner Gejdenson Luther Sabo Spratt Vento Chabot Hilleary Miller, George Bonilla Gekas Maloney (CT) Salmon Stabenow Visclosky Chambliss Hilliard Minge Bonior Gephardt Maloney (NY) Sanchez Stark Vitter Chenoweth-Hage Hinchey Mink Bono Gibbons Manzullo Sanders Stearns Walden Clay Hinojosa Moakley Borski Gilchrest Markey Sandlin Stenholm Walsh Clayton Hobson Mollohan Boswell Gillmor Martinez Sawyer Strickland Wamp Clement Hoeffel Moore Boucher Gilman Mascara Saxton Stump Waters Clyburn Hoekstra Moran (KS) Boyd Gonzalez Matsui Scarborough Stupak Watkins Coble Holden Moran (VA) Brady (PA) Goode McCarthy (MO) Schaffer Sununu Watt (NC) Collins Holt Morella Brady (TX) Goodlatte McCarthy (NY) Schakowsky Sweeney Watts (OK) Combest Hooley Murtha Brown (FL) Goodling McCollum Scott Talent Waxman Condit Horn Nadler Brown (OH) Gordon McCrery Serrano Tancredo Weiner Conyers Hostettler Napolitano Bryant Goss McDermott Sessions Tanner Weldon (FL) Cooksey Houghton Neal Burr Graham McGovern Shadegg Tauscher Weldon (PA) Costello Hoyer Nethercutt Burton Granger McHugh Shaw Tauzin Weller Coyne Hulshof Ney Buyer Green (TX) McInnis Shays Taylor (MS) Wexler Cramer Hunter Northup Callahan Green (WI) McIntosh Sherman Taylor (NC) Weygand Crane Hutchinson Norwood Calvert Greenwood McIntyre Sherwood Terry Whitfield Crowley Hyde Nussle Camp Gutknecht McKeon Shimkus Thomas Wicker Cubin Inslee Oberstar Campbell Hall (OH) McKinney Shows Thompson (CA) Wilson Cummings Isakson Obey Canady Hall (TX) McNulty Shuster Thompson (MS) Wolf Cunningham Istook Olver Cannon Hansen Meehan Simpson Thornberry Woolsey Danner Jackson (IL) Ortiz Sisisky Thune Wu Davis (FL) Jackson-Lee Ose Capps Hastings (FL) Meek (FL) Skeen Thurman Wynn Davis (IL) (TX) Owens Capuano Hastings (WA) Meeks (NY) Davis (VA) Jefferson Oxley Cardin Hayes Menendez NAYS—3 Deal Jenkins Packard Carson Hayworth Metcalf DeFazio John Pallone Castle Hefley Mica Paul Sanford Sensenbrenner DeGette Johnson (CT) Pascrell Chabot Herger Millender- NOT VOTING—10 Delahunt Johnson, E. B. Pastor Chambliss Hill (IN) McDonald DeLauro Johnson, Sam Paul Chenoweth-Hage Hill (MT) Miller (FL) Bateman Lucas (OK) Young (AK) DeLay Jones (NC) Payne Clay Hilleary Miller, Gary Coburn Myrick Young (FL) DeMint Jones (OH) Pease Clayton Hilliard Miller, George Cook Velazquez Deutsch Kanjorski Pelosi Minge Gutierrez Wise Clement Hinchey Diaz-Balart Kaptur Peterson (MN) Clyburn Hinojosa Mink b 1611 Dickey Kasich Peterson (PA) Coble Hobson Moakley Dicks Kennedy Petri Collins Hoeffel Mollohan So (two-thirds having voted in favor Dingell Kildee Phelps Combest Hoekstra Moore thereof) the rules were suspended and Dixon Kilpatrick Pickering Condit Holden Moran (KS) Doggett Kind (WI) Pickett Conyers Holt Moran (VA) the bill was passed. Dooley King (NY) Pitts Cooksey Hooley Morella The result of the vote was announced Doolittle Kingston Pombo Costello Horn Murtha as above recorded. Dreier Kleczka Pomeroy Cox Hostettler Nadler A motion to reconsider was laid on Duncan Klink Porter Coyne Houghton Napolitano Dunn Knollenberg Portman Cramer Hoyer Neal the table. Edwards Kolbe Price (NC) Crane Hulshof Nethercutt f Ehlers Kucinich Pryce (OH) Crowley Hunter Ney Ehrlich Kuykendall Quinn Cubin Hutchinson Northup KIKA DE LA GARZA UNITED Emerson LaFalce Radanovich Cummings Hyde Norwood Engel LaHood Rahall Cunningham Inslee Nussle STATES BORDER STATION English Lampson Ramstad Danner Isakson Oberstar The SPEAKER pro tempore. The Eshoo Lantos Rangel Davis (FL) Istook Obey Etheridge Largent Regula Davis (IL) Jackson (IL) Olver pending business is the question of sus- Evans Larson Reyes Davis (VA) Jackson-Lee Ortiz pending the rules and passing the bill, Everett Latham Reynolds Deal (TX) Ose H.R. 1901. Ewing LaTourette Riley DeFazio Jefferson Owens Farr Lazio Rivers DeGette Jenkins Oxley The Clerk read the title of the bill. Fattah Leach Rodriguez Delahunt John Packard The SPEAKER pro tempore. The Filner Lee Roemer DeLauro Johnson (CT) Pallone question is on the motion offered by Foley Levin Rogan DeLay Johnson, E. B. Pascrell the gentleman from Ohio (Mr. Forbes Lewis (CA) Rogers DeMint Johnson, Sam Pastor Ford Lewis (GA) Rohrabacher Deutsch Jones (NC) Payne LATOURETTE) that the House suspend Fossella Lewis (KY) Ros-Lehtinen Diaz-Balart Jones (OH) Pease the rules and pass the bill, H.R. 1901, on Fowler Linder Rothman Dickey Kanjorski Pelosi which the yeas and nays are ordered. Frank (MA) Lipinski Roukema Dicks Kaptur Peterson (MN) Franks (NJ) LoBiondo Roybal-Allard Dingell Kasich Peterson (PA) This is a 5-minute vote. Frelinghuysen Lofgren Royce Dixon Kelly Petri The vote was taken by electronic de- Frost Lowey Rush Doggett Kennedy Phelps vice, and there were—yeas 417, nays 1, Gallegly Lucas (KY) Ryan (WI) Dooley Kildee Pickering not voting 16, as follows: Ganske Luther Ryun (KS) Doolittle Kilpatrick Pickett Gejdenson Maloney (CT) Sabo Doyle Kind (WI) Pitts [Roll No. 141] Gekas Maloney (NY) Salmon Dreier King (NY) Pombo YEAS—417 Gephardt Manzullo Sanchez Duncan Kingston Pomeroy Gibbons Markey Sanders Dunn Kleczka Porter Abercrombie Bartlett Boehner Gilchrest Martinez Sandlin Edwards Klink Portman Ackerman Barton Bonilla Gillmor Mascara Sawyer Ehlers Knollenberg Price (NC) Aderholt Bass Bonior Gilman Matsui Saxton Ehrlich Kolbe Pryce (OH) Allen Becerra Bono Gonzalez McCarthy (MO) Scarborough Emerson Kucinich Quinn Andrews Bentsen Borski Goode McCarthy (NY) Schaffer Engel Kuykendall Radanovich Archer Bereuter Boswell Goodlatte McCollum Schakowsky English LaFalce Rahall Armey Berkley Boucher Goodling McCrery Scott Eshoo LaHood Ramstad Baca Berman Boyd Gordon McDermott Sensenbrenner Etheridge Lampson Rangel Bachus Berry Brady (PA) Goss McGovern Serrano Evans Lantos Regula Baird Biggert Brady (TX) Graham McHugh Sessions Everett Largent Reyes Baker Bilbray Brown (FL) Granger McInnis Shadegg Ewing Larson Reynolds Baldacci Bilirakis Brown (OH) Green (TX) McIntosh Shaw Farr Latham Riley Baldwin Bishop Bryant Green (WI) McIntyre Shays Fattah LaTourette Rivers Ballenger Blagojevich Burr Greenwood McKeon Sherman Filner Lazio Rodriguez Barcia Bliley Burton Gutknecht McKinney Sherwood Fletcher Leach Roemer Barr Blumenauer Buyer Hall (OH) McNulty Shimkus Foley Lee Rogan Barrett (NE) Blunt Callahan Hall (TX) Meehan Shows Forbes Levin Rogers Barrett (WI) Boehlert Calvert

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.065 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2469 Shuster Tancredo Visclosky The resolution also authorizes the ar- (in this resolution referred to as the Simpson Tanner Vitter chitect of the Capitol, the Capitol Po- ‘‘event’’) on the Capitol Grounds on May 10, Sisisky Tauscher Walden 2000, or on such other date as the Speaker of Skeen Tauzin Wamp lice Board and the sponsor of the event the House of Representatives and the Com- Skelton Taylor (MS) Waters to negotiate the necessary arrange- mittee on Rules and Administration of the Slaughter Taylor (NC) Watkins ments for carrying out of the events in Smith (MI) Terry Watt (NC) Senate may jointly designate. Smith (NJ) Thomas Watts (OK) complete compliance with the rules SEC. 2. TERMS AND CONDITIONS. Smith (TX) Thompson (CA) Waxman and regulations governing the use of (a) IN GENERAL.—The event authorized by Smith (WA) Thompson (MS) Weiner the Capitol Grounds. The event is open section 1 shall be free of admission charge to Snyder Thornberry Weldon (FL) Spence Thune Weldon (PA) to the public and free of charge. the public and arranged not to interfere with Spratt Thurman Weller Mr. Speaker, I want to thank my the needs of Congress, under conditions to be Stabenow Tiahrt Wexler friend for yielding. I also want to prescribed by the Architect of the Capitol Stark Tierney Weygand thank him for his leadership and spon- and the Capitol Police Board. Stearns Toomey Whitfield (b) EXPENSES AND LIABILITIES.—The spon- Stenholm Towns Wicker sorship of this measure. sor shall assume full responsibility for all Strickland Traficant Wilson (Mr. BLUMENAUER asked and was expenses and liabilities incident to all activi- Stump Turner Wolf given permission to revise and extend ties associated with the event. Stupak Udall (CO) Woolsey Sununu Udall (NM) Wu his remarks.) SEC. 3. STRUCTURES AND EQUIPMENT. Sweeney Upton Wynn Mr. BLUMENAUER. Mr. Speaker, my goal (a) STRUCTURES AND EQUIPMENT.—Subject Talent Vento in Congress has been to promote more livable to the approval of the Architect of the Cap- itol, the sponsor may erect upon the Capitol NAYS—1 communities. Livable communities are those Grounds such stage, sound amplification de- Sanford that are safe, healthy and economically secure. vices, and other related structures and NOT VOTING—16 equipment as may be required for the event There are many things that we in Congress authorized by section 1. Fletcher Velazquez can do to enhance livability. Whether it is re- Bateman Gutierrez Walsh (b) ADDITIONAL ARRANGEMENTS.—The Ar- Coburn Kelly Wise quiring the Post office to play by the same chitect of the Capitol and the Capitol Police Cook Lucas (OK) Young (AK) rules as the rest of America by following local Board are authorized to make any such addi- Cox Myrick Young (FL) land use and zoning laws or by having more tional arrangements as may be required to Doyle Souder rational water policies to help protect and carry out the event. b 1621 renew our waterways. SEC. 4. ENFORCEMENT OF RESTRICTIONS. It is important that Congress lead by exam- The Capitol Police Board shall provide for So (two-thirds having voted in favor ple and support policies and programs that enforcement of the restrictions contained in thereof) the rules were suspended and section 4 of the Act of July 31, 1946 (40 U.S.C. contribute to the health, safety and economic the bill was passed. 193d; 60 Stat. 718), concerning sales, adver- security of our communities. One simple step The result of the vote was announced tisements, displays, and solicitations on the we can take today is to support this resolution as above recorded. Capitol Grounds, as well as other restric- and the event that it will enable. tions applicable to the Capitol Grounds, with A motion to reconsider is laid on the On May 10th, Earth Force will hold their an- respect to the event authorized by section 1. table. nual Bike Rodeo on the Capitol Grounds. SEC. 5. LIMITATIONS ON REPRESENTATIONS. Stated for: This event is the culmination of a nation (a) IN GENERAL.—No person may represent, Mr. FLETCHER. Mr. Speaker, on rollcall No. wide cycling education project. Children from either directly or indirectly, that this reso- 141 I was inadvertently detained. Had I been all of our districts were asked to devise safe lution or any activity carried out under this present, I would have voted ``yea.'' resolution in any way constitutes approval bicycling routes through their communities and f or endorsement by the Federal Government share their proposals with their peers. of any person or any product or service. AUTHORIZING THE USE OF THE To commemorate their efforts Earth Force (b) ENFORCEMENT.—The Architect of the CAPITOL GROUNDS BY THE holds the bike rodeo to promote youth civic in- Capitol and the Capitol Police Board shall EARTH FORCE YOUTH BIKE SUM- volvement and teach children about safe enter into an agreement with the sponsor, MIT biking techniques. and such other persons participating in the This is a fun event with an important mes- event authorized by section 1 as the Archi- Mr. LATOURETTE. Mr. Speaker, I sage. In 1998, 350,000 children 14 and under tect of the Capitol and the Capitol Police Board considers appropriate, under which ask unanimous consent that the Com- were treated in hospital emergency rooms for mittee on Transportation and Infra- such persons shall agree to comply with the bicycle-related injuries. Collisions with motor requirements of subsection (a). The agree- structure be discharged from further vehicles account for 90 percent of all bicycle consideration of the concurrent resolu- ment shall specifically prohibit the use of related deaths and 10 percent of all non-fatal any photograph taken at the event for a tion (H. Con. Res. 314), authorizing the injuries. commercial purpose and shall provide for the use of the Capitol Grounds for a bike Bike safety education will go a long way to imposition of financial penalties if any viola- rodeo to be conducted by the Earth preventing these unnecessary fatalities and tions of the agreement occur. Force Youth Bike Summit, and ask for significantly enhance the livability of our com- The concurrent resolution was agreed its immediate consideration in the munities. to. House. This event is the perfect way to celebrate A motion to reconsider was laid on The Clerk read the title of the con- May as National Bike Safety Month. the table. current resolution. I welcome the support of my colleagues on f The SPEAKER pro tempore (Mr. MIL- this resolution and encourage you to join Earth APPOINTMENT OF CONFEREES ON LER of Florida). Is there objection to Force on May 10th to celebrate the leadership the request of the gentleman from H.R. 434, AFRICAN GROWTH AND demonstrated by the youths they are honoring. OPPORTUNITY ACT Ohio? Mr. Speaker, I withdraw my reserva- Mr. BLUMENAUER. Mr. Speaker, re- tion of objection. Mr. GILMAN. Mr. Speaker, I ask serving the right to object, I yield to The SPEAKER pro tempore. Is there unanimous consent to take from the the gentleman from Ohio (Mr. objection to the request of the gen- Speaker’s table the bill (H.R. 434) to LATOURETTE) to explain his request. tleman from Ohio? authorize a new trade and investment Mr. LATOURETTE. Mr. Speaker, I There was no objection. policy for sub-Sahara Africa, with Sen- thank the gentleman for yielding to me The Clerk read the concurrent reso- ate amendments thereto, disagree to for an explanation. lution, as follows: the Senate amendments and agree to Mr. Speaker, H. Con. Res. 314 author- the conference asked by the Senate. H. CON. RES. 314 izes the use of the Capitol Grounds for The SPEAKER pro tempore. Is there Get Outspoken, Youth Bicycle Summit Resolved by the House of Representatives (the objection to the request of the gen- Senate concurring), to be held on May 10, 2000, or on such tleman from New York? The Chair SECTION 1. AUTHORIZATION OF BIKE RODEO ON date as the Speaker of the House of CAPITOL GROUNDS. hears none and, without objection, ap- Representatives and the Committee on The Earth Force Youth Bike Summit (in points the following conferees: From Rules and Administration of the Sen- this resolution referred to as the ‘‘sponsor’’) the Committee on International Rela- ate may jointly designate. shall be permitted to sponsor a bike rodeo tions for consideration of the House

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.068 pfrm01 PsN: H03PT1 H2470 CONGRESSIONAL RECORD — HOUSE May 3, 2000 bill and the Senate amendment and The crisis in East Timor continues, deadline helps no one,’’ said Saunders. modifications committed to con- and the Congress needs to respond. ‘‘Thousands of refugees are not now in a po- ference, Messrs. GILMAN, ROYCE, and Some 100,000 refugees remained trapped sition to make a free and informed choice about whether to return. A large part of the GEJDENSON; from the Committee on in squalid and threatening conditions problem has been Indonesia’s failure to cre- Ways and Means for consideration of inside West Timor. The overwhelming ate conditions in which refugees can make a the House bill and the Senate amend- majority of these refugees want to re- genuine choice.’’ ment, and modifications committed to turn to their home in East Timor, but According to aid agencies, the total num- conference, Messrs. ARCHER, CRANE, they cannot because the camps are ber of refugees currently in West Timor is and RANGEL; as additional conferees, under the control of the militias. just under 100,000. Precise figures are not for consideration of the House bill and The militias and elements of the In- available because access to the camps and settlements has been limited by harassment the Senate amendment, and modifica- donesian Army continue cross-border and intimidation of humanitarian aid work- tions committed to conference, Mr. attacks into East Timor. ers by pro-Indonesian militias still dominant HOUGHTON and Mr. HOEFFEL. Reconstruction continues to be a in a number of the camps. Many refugees There was no objection. slow and laborious task. have also been subjected to months of f Our bill maintains Congressional re- disinformation and, often, intimidation by strictions and the President’s suspen- members of the pro-Indonesian militias. In- CONFEREES TO MEET ON H.R. 434, sion on military cooperation with the donesia has recently made some progress in AFRICAN GROWTH AND OPPOR- Indonesian Armed Forces until the ref- combating the intimidation in the camps, TUNITY ACT but lack of security and reliable information ugees are safely repatriated and mili- continue to be important obstacles to re- (Mr. GILMAN asked and was given tary attacks against East Timor are turn. Aid workers in West Timor estimate permission to address the House for 1 ended. that one-half to two-thirds of the refugees, if minute.) It calls upon the President to help given a free choice, would eventually choose Mr. GILMAN. Mr. Speaker, I would the safe repatriation of the refugees to return to East Timor. like to announce that the conferees on and to help rebuild East Timor, and it ‘‘Withdrawal of food aid and other humani- H.R. 434 will meet in Room 1100 of the salutes the members of the United tarian assistance should never be used as a means to pressure refugees into returning Longworth Building immediately. States Armed Forces who have partici- home prematurely’’ said Saunders. ‘‘Return f pated in the peacekeeping operation in should be voluntary and based on the free East Timor. ANNOUNCEMENT OF AMENDMENT and informed choice of the refugees them- Mr. Speaker, I urge my colleagues to selves.’’ PROCESS FOR H.R. 701, CON- cosponsor the McGovern-Smith bill on Following the announcements by the SERVATION AND REINVESTMENT East Timor. United Nations on September 4, 1999 that ACT Mr. Speaker, I include the following nearly eighty percent of East Timorese voters had rejected continued rule by Indonesia, (Mr. HASTINGS of Washington asked for the RECORD: and was given permission to address East Timor was the site of orchestrated [From Human Rights Watch] mayhem. In the days and weeks following the House for 1 minute.) EAST TIMORESE REFUGEES FACE NEW THREAT the announcement, an estimated seventy Mr. HASTINGS of Washington. Mr. (NEW YORK, Mar. 30, 2000).—Human Rights percent of homes and buildings across East Speaker, today a Dear Colleague letter Watch today called on Indonesian authori- Timor were destroyed, more than two-thirds will be sent to all Members informing ties to lift a March 31 deadline on humani- of the population was displaced, and an esti- them that the Rules Committee is tarian aid to East Timorese refugees living mated 250,000 East Timorese fled or were planning to meet the week of May 8 to in West Timor. The Indonesian government forcibly taken, often at gunpoint, across the grant a rule which may limit the has given the refugees, some 100,000 people, border into Indonesian West Timor. To date, amendment process on H.R. 701, the until the end of the month to choose whether roughly 150,000 refugees have returned to to go back to East Timor or remain in Indo- East Timor. Conservation and Reinvestment Act, nesia. Indonesia says it will end all delivery also known as CARA. of food and other assistance as of March 31. [From the New York Times, Apr. 29, 2000] Any Member who wishes to offer an ‘‘Everyone wants a quick resolution of the STUMBLING EFFORTS IN EAST TIMOR amendment should submit 55 copies of refugee crisis, but this ultimatum is counter- In East Timor, where pro-Indonesian mili- the amendment and one copy of a brief productive,’’ said Joe Saunders, deputy Asia tias went on a rampage last summer, the explanation of the amendment by 5:00 direct at Human Rights Watch. ‘‘The threat- United Nations has taken on an ambitious p.m. on Monday, May 8, to the Com- ened deadline alone has created panic. If it is reconstruction mission with inadequate mittee on Rules in Room H–312 of the implemented, the cutoff will directly endan- means. Not surprisingly, the results to date ger the lives of tens of thousands of refugees Capitol. have been disappointing. Unless faster without solving the underlying problems.’’ progress can be achieved in creating jobs, re- Amendments should be drafted to the Conditions for many of the refugees are al- settling refugees and establishing the rule of text of an amendment in the nature of ready dire. There have been food shortages, law, there is a serious risk of new violence. a substitute which is available at the along with health and nutrition problems in International peacekeepers belatedly put a Committee on Resources and will be many of the camps. Some reports estimate stop to the violence, which came after the posted on their Web site by 12 noon to- that as many as 500 refugees have died from East Timorese voted for independence. But morrow. stomach and respiratory ailments. Refugees by the time U.N. administrators moved in also continue to face significant obstacles in Members should use the Office of six months ago, conditions were desperate. deciding whether to return. In some areas, Pro-Jakarta militias had burned much of the Legislative Counsel to ensure that refugees continue to be subjected to intimi- territory’s housing and destroyed its agricul- their amendments are properly drafted dation by armed militias and disinformation tural economy. The abrupt withdrawal of In- and should check with the Office of the campaigns. Refugees are told that conditions donesian civil servants left East Timor with- Parliamentarian to be certain that in East Timor are worse than in the camps, out police, teachers and other essential serv- their amendments comply with the and the United Nations is acting as a new co- ices. rules of the House. lonial occupying force. Other refugees op- Since then the U.N. has made only modest posed independence for East Timor, or come progress. Some schools have been reopened, f from militia or army families, and fear vigi- although they still lack trained teachers. EAST TIMOR REPATRIATION AND lante justice should they return to East Emergency medical and dental clinics have SECURITY ACT Timor. been established, many of them staffed by Indonesian officials claim, however, that private relief agencies. But a staggering 80 (Mr. MCGOVERN asked and was they can no longer afford to feed the refu- percent of East Timor’s 800,000 people still given permission to address the House gees, that food aid acts as a magnet and pre- have no work, and nearly 100,000 remain in for 1 minute and revise and extend his vents refugees in West Timor from returning refugee camps across the Indonesian fron- remarks and include therein extra- home permanently, claiming that after tier. There is no functioning police force or neous material.) March 31, the refugees should be the sole re- courts, no reliable water, power or transpor- sponsibility of the international community. Mr. MCGOVERN. Mr. Speaker, today tation systems. ‘‘Given Indonesia’s economic woes, the call The chief U.N. administrator, Sergio I am proud to join with my colleague, for international financial support in feeding Vieira de Mello, has been hampered by an in- the gentleman from New Jersey (Mr. and caring for the refugees is understand- adequate budget, unrealistic staff ceilings SMITH), to introduce H.R. 4357, the East able. We call on donors to make urgently and the slowness of donor nations in pro- Timor Repatriation Security Act. needed assistance available. But an artificial viding the funds and volunteers they have

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.126 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2471 promised for Timor’s reconstruction. Of one in a million’’—Johnetta, Washington, shot-gun. This is the reason why our Con- more than $500 million pledged late last DC, AL stitution is made up of Amendments, not year, only $40 million has been delivered. ‘‘This is long overdue . . . I have a 10 yr old Commandments. And to those who have chil- Washington has so far sent about $8 million daughter who I want to protect. I support dren and who have the nerve to tell me that of the $13 million it promised for U.N. and this cause wholeheartedly. Way to go moms. my belief system is wrong, let’s look at the World Bank reconstruction efforts. Donor . . .’’—Lori C. Jefferson, Hayward, CA big picture. It’s not right that I care about nations have been slow in providing the local ‘‘I am blessed to have 3 wonderful boys, all the well-being of your child more than you governance experts the U.N. needs. 5 and under. I am scared to death to send do.’’—Allison Kaplan, West Linn, OR These problems have been magnified by the them out into this world . . . why must the ‘‘Unfortunately, I will be unable to attend workings of the notoriously slow U.N. bu- youth of our nation be subjected to the vio- the march, but I would like to share the reaucracy and the U.N. mission’s reluctance lence that has become so ‘‘normal’’? I WILL story of what happened to my 19-year-old to give more responsibility to local resi- NOT sit by and allow this to happen to our daughter who was threatened by a 45-year- dents. If the rebuilding effort continues to most precious resources . . . it is up to old man with a semi-automatic handgun 2 lag in the months ahead, Jakarta could be US!!!!’’—Tiffany, AZ weeks ago. He pulled his car in front of hers, tempted to exploit the continuing poverty ‘‘We needed better gun control laws in this blocking her escape and got out of the vehi- country. Twice I’ve had a gun pointed at me. and chaos, launching new military forays cle, reached in the car for his gun (we later Once a boyfriend used my father’s gun to from Indonesian-controlled West Timor. learned it was loaded) and threatened her. threaten me. He actually fired it. The second Last summer’s violence in East Timor gal- After our first court appearance, I realized time was during an armed robbery. Funny vanized international attention and action. that this guy will probably walk away. We how the person who was supposed to care That commitment must now be sustained not only need serious legislation, but we about me fired the gun, but the robber who with adequate resources and a renewed sense need to enforce the laws! While we are I meant nothing to only waved it around. Re- of urgency. thankful our daughter is alive, she has cer- gardless I never want my daughter to have to f tainly been traumatized by this incident. My deal with any situation involving guns!’’— heart goes out to all who have lost loved MILLION MOM MARCH Tracy, Palmdale, CA ones to gun violence.’’—Madlon Glenn and ‘‘Thank-you to the organizers of the march Katie Glenn—madlon glenn, Winston-Salem, (Mrs. MCCARTHY of New York asked and the movement. Every time I read some- NC and was given permission to address thing sponsored by the march I get ‘‘Heartbreaking stories, heartbreaking the House for 1 minute and to revise goosebumps. This is my first Mother’s Day, words. Is anyone listening? Are we preaching and extend her remarks and include and I am so proud that someday my 10 to the choir? Please, God, don’t make us month old will look back and know that I share more heartbreak, year after bloody, therein extraneous material.) took a stand for something as important as Mrs. MCCARTHY of New York. Mr. tragic year.’’—Jeanne Genova-Goldstein, sensible gun control. My husband is a cop, Spring Lake, NJ Speaker, I rise in support of the Mil- and is ready to quit because of the heart- ‘‘Guns are bad. They hurt people. A gun lion Mom March and the tapestry of breaking cruelty in our society. Simply, like killed our favorite singer ‘Selena’. We don’t mothers across the Nation. the man said, you’ve got to stand for some- go in houses that have guns. Guns are stu- These dedicated mothers will be ar- thing or you’ll fall for anything. Bless us pid.’’ ‘‘(Mom Astrea Fall gives permission to riving in Washington, D.C. and over 60 all.’’—Colleen, Karnes City, TX print how her two children feel about cities to participate in the Million ‘‘Remind your gun-supporting family, guns).’’—Chris 6 and Elizabeth Fall 5, Cherry friends and lawmakers: When the Constitu- Mom March on Mother’s Day, May 14. Hill, New Jersey, NJ tion was written, citizens of our new country ‘‘It is past time that our voices were heard The mothers here on the mall and were in danger from the threat of armed . . . past time that the NRA and other lobby- around the Nation will be dem- British soldiers at many a turn. No wonder ists are stopped . . . past time that someone onstrating their grassroots support for the framers gave our citizens the right to stand up for the safety of our children . . . common sense gun safety legislation. bear arms! The NRA and like-minded indi- past time that we show the politicians that Fathers, sons, daughters, their friends, viduals and groups have somehow (?) failed WE are their constituents and we have a and their relatives will be joining their to take into account that there are no longer voice, loud enough to be heard across the moms. The cause of gun safety has armed soldiers, subjects of a foreign power in land and into Congress . . . it is OUR time pursuit of political and economic control, united these marchers. and the time is NOW. My sister and I will be threatening our citizenry. Nor are we blazing at the march, with our seven-year-old daugh- I commend the March’s Founder, a new, untamed frontier. Times have ters, marching to keep them safe.’’—Chris- Donna Dees-Thomases, for organizing changed. With the exception of those in serv- tine Bintz, Reston, VA this massive event. To learn more ice to our country, the people now ‘‘bearing ‘‘When will enough be enough? I was out- about the March, my colleagues may arms’’ ARE the threat. What is their point? raged to learn that my 13-year-old God access the Web site at They’re ‘‘defending’’ themselves? Against Daughter was afraid to go to school because www.millionmom.com. This Web site whom? The reality is that those who irre- she heard other 13-year olds talking about contains ‘‘Woven Words’’ stories. These sponsibly own and/or use hand guns and as- how they were going to ‘‘Shoot the place sault rifles (weapons of war—Why are they up’’. The child was in hysterical sobs and has are stories from the moms themselves available to citizens?! $$$. This is nuts!!) are had to endure counseling to help with her on why they got involved in the March. now the aggressors and one thing these ag- fear of GUNS. When will the powers that be Mr. Speaker, I will introduce these gressors control, shamefully, is the lives of realize that besides the senseless and stories in the CONGRESSIONAL RECORD. our defenseless citizens—particularly our AVOIDABLE loss of precious life of our loved Gun safety is not a partisan issue. I children. THEY DO NOT HAVE THAT ones, that we are also taking away the free- will look forward to joining Donna and RIGHT and I am steadfastly behind paring dom that our constitution promises us when thousands of other mothers who will be their power play. Background checks, ‘‘cool- a child is afraid to go to school because of participating in the Million Mom ing off’’ periods, licenses for ALL guns, safe- guns?!? I applaud the efforts of all the coor- ty locks . . . Why are these measures anath- dinators, sponsors and participants of the March across the country. ema? They make SENSE! It’s at least 100 Million Mom March and pray with you all I urge all members to join the Mil- years past time to CHANGE THE LAW! I ap- that Congress enacts laws that will help pro- lion Mom March and to heed its mes- plaud all the organizers and intend to lend tect us, and our precious children.’’—Elaine sage of adopting common sense gun my support by swelling your numbers by Thompson, Columbia, MD safety legislation. one. See you in Washington!’’—LC Kelly, ‘‘Children are the world’s most valuable Mr. Speaker, the ‘‘Woven Words’’ sto- Durham, NC asset and the only hope for our future. The ries that I referred to are as follows: ‘‘The state of America saddens me on a most important thing a parent can do is to regular basis. Whether I am watching TV, protect our children from harm or death. If ADD YOUR VOICE TO OUR TAPESTRY—WOVEN reading the paper, or surfing the net, I am we don’t protect them, who will? They count WORDS inevitably going to run into a story of some on us for that! Let’s do it!!!!’’—Pat Barton, ‘‘MMM I support you in this effort. It is child who was shot dead . . . today. I am 24 Aurora, CO time we come together to make changes to years old, I do not have any children, and I ‘‘I feel that it is time that the Government the gun laws. It is time to make some com- have no immediate plans of having any. Yet, listen to the people. I have a 6-month son mon sense gun policies so no more children, every day, I hurt for these dead children and whom I can still protect from the violence Black or White, Baptist or Jewish has to die their families. I hurt for a bond that I have that seems to be taking over our nations accidentally or because another child felt yet to understand. And then there are these children. My biggest fear is what will happen powerful enough to take another child’s life. people who have children, and have the nerve when the day comes for me to release my We must hold our lawmakers accountable to to tell me that my beliefs defy our Constitu- child into society. I can educate my own changing the waive of gun violence in our so- tion. A Constitution which was written over child that guns are not toys—but what about ciety. It is our right to call on lawmakers to 200 years ago by men who could not even other peoples children, especially those help us save our children. Johnetta, another fathom the notion of an AK47 or a sawed-off whose parents aren’t educated about guns. I

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.072 pfrm01 PsN: H03PT1 H2472 CONGRESSIONAL RECORD — HOUSE May 3, 2000 AM AFRAID!’’—Jill Hamann, Whitmore heard. I am a mom who has had enough of children. I think that everyone knows of Lake, MI watching other mothers lose their children. I someone who has been killed by a gun. If ‘‘My child isn’t even born yet, and I have have lost friends and family members be- guns aren’t the problem, then what is? It to worry about him or her getting hurt by a cause of guns. I pray that we will have our would be very difficult for someone to walk gun! I live in the country, and I don’t oppose eyes and hearts opened by this Million Mom into a zoo and hurt several people without a hunting. But I can’t understand people who March.’’—Jo-Jo T. Murphy, Westmont, IL gun. I will not be at the march in body, but think trigger locks, background checks, and ‘‘It is long overdue but an incredible and I will be in spirit.’’—Phoebe, Omaha, NE waiting periods are unreasonable. The NRA worthwhile effort! Please join my family and ‘‘I am a mother of a three year old son, he says that law abiding citizens will be hurt by millions of others this mother’s day to take and all children deserve a view of life with- these laws. I say, law abiding citizens have a stand on these issues: improper gun access, out the violence that we now see everyday, children; law abiding citizens can have acci- mandatory safety locks, background checks in every walk of life. When I was seventeen, dents! More children are killed by gun acci- and other common sense laws. Guns are I witnessed the murder of my boyfriend/fi- dents than by criminals. There will be no deadly. We have restrictions on viewing ance’, he died in my arms, I never want my guns in my house, but that’s not good movies, making safe toys and baby gear, child, or any other child to go through the enough. I want sensible gun laws now!’’—An- child seats and seat belts . . . why not for trauma that I endured then. EVERY SINGLE drea S. Colton, OR guns. The ‘‘right to bear arms’’ does not CHILD not only in the USA but THE WORLD ‘‘I will be present in Denver on May 14, mean the right to murder or the right to deserves a life with out fear. Do we, as par- along with many women from our Pres- children accessing guns. Lets correct the ents, grandparents, aunts, uncles . . . want byterian church. The Presbyterian Church misperceptions through educations and com- our children to go to school, play, church, or (USA) has declared July 2000–July 2001 as the mon sense gun laws and stop ignoring this anywhere in fear. I trully think not. This year of the Child. What better organization epidemic!’’—M. Rait, Portland, OR MILLION MOM MARCH is the one step in to stand up for children than our churches/ ‘‘One week ago, my children were home for the right direction to ensure our children synagogues/places of worship, who offer spring break. A neighbor had ordered a rifle (our future) a happy and safe childhood, and ‘‘sanctuary’’ to our children and youth!! I en- and UPS tried to deliver it to their home. life.’’—Christine, Baltimore, MD courage Presbyterians, Methodists, Catho- My neighbors were not there so the UPS ‘‘Almost every day the news media reports lics, Hindu, Pagan . . . all spiritual faiths, to driver brought the rifle to my home and my on another shooting of innocent people. Guns put feet on your beliefs and join the Million 13 year old signed for the gun. It took several do kill. It’s a fact. Let’s get some tough laws Mom March!’’—Holly Inglis, Arvada, CO phone calls and going to the local media to enacted to stop this senseless violence.’’— ‘‘What words can we use, to say how we get a response from UPS. I never ordered Sharon Ward-Fore, Oak Park, IL. feel? It is time, actually pass time to do this gun and did not expect it to be in my ‘‘I am not yet a mom but I do have 4 beau- something about the killings in our streets, home. What if my child opened the package? tiful nephews who I worry about eveytime I schools, churches, etc. I am a city resident, I was told by the gun company that this was hear about another shooting involving a child. My husband was an avid hunter grow- and proud of it! I have raised my son and not the first time UPS delivered a gun to a ing up. His fondest memories are hunting have been blessed that he is alive, in college minor. What can we do?’’—Fran Wilson, trips he went on with his father. But he and and breathing each day!! It is a sin and a Memphis, TN shame, that in this ‘‘land of opportunity’’ ‘‘Power to the Mothers! We are the major- I agree that sensible gun control is needed. that so many individuals are fighting so hard ity, and we know what we want—sensible We want to have children and would like to to get into, that our children are dying vio- gun control laws. Now, many children’s start in a few years. Everytime I turn on the lently every day. It is heartwrenching to deaths are caused by gun available in the news, however, and I hear about more gun vi- have children base their dreams on statis- home. Well, there’s nothing politicians can olence in our schools and neighborhoods, it makes me afraid to have a family of my own. tics—my son informed me at the age of 13, do about that. So, before you leave for the How can I possibly keep them safe? Do I need that he was making no plans regarding, col- March, as I will, make sure you scour YOUR to move to another country because our sup- lege or his future because the statistics show OWN HOME for weapons of any kind. Con- posed ‘‘representatives’’ are governed more that he is unlikely to reach his 18th birth- front your husband if you have to, and make by the NRA than by their constituents? I’m day. Once he celebrated his 17th, he decided very clear that you will not tolerate weapons so glad that the millions of us who support to apply to colleges, just in case he lives that in your home, and that’s not negotiable. Be- sensible gun control are organizing and belong—the tears flowed from my eyes uncon- fore we scream for others to do their part, we coming a unified force to be reckoned with! trollably!! Our children should not have to have to do ours. Also, guns are only one of Together, we can have greater influence than live like this! When will our representatives the instruments of violence. We also have to wake up! With all issues, most people don’t the NRA and make a change for the better! address the motivations that lead to these Let’s make America something to be proud care until it hits in their own backyards— crimes: bigotry, desperate poverty, peer pres- haven’t enough backyards been riddled with of again!’’—Deb Duffy, Baltimore, MD sure at school. These are the issues, and they ‘‘Who would have believed that this coun- gunfire!! Haven’t enough of our children sac- are completely out of hand, and demand our try would come to a place in time when peo- rificed their lives for the ‘‘right to bear attention and action. Let’s empower our- ple would worry that the person sitting next arms’’? selves, and make our voices heard both in to them, or meeting them on the street, or Will 7 children need to be injured or killed the home and out. See you at the March!’’— in the zoo everyday for the message to be- driving by in a car might decide to shoot L. M., Pittsburgh, PA them? What on earth are we thinking of? Is come clear that change is needed? Different ‘‘Please, please, please do not make this a this ‘‘freedom?’’ I am so proud of the orga- gun laws are needed today, not tomorrow, Dems vs GOP issue. There are MANY of us in nizers of this march and I will do my best to not sometime in the future, today!! And even the GOP who feel as strongly if not more be a participant. Thank you all.’’—Mary though the guns can not be fired without strongly about this issue. (Jim Brady worked Kjos, Marine on St. Croix, MN someones finger on the trigger, new laws are for Reagan) If you polarize this issue and ‘‘I will be marching in DC on March 14, in a start. While we are working to change make only Democrats the heros of this memories of my son who was killed on Octo- those laws, we need to look within ourselves worthwhile effort you will dilute this vital ber 10, 1999, only 19 years old. The killer is to see what ‘‘housecleaning’’ we need to do effort. For the children’s sake, do NOT make still out there somewhere.’’ —Sally McKee, regarding, bigotry, hatred, oppression and this political!’’—Alan Kiefer, Wooster, OH Fort Washington, MD make sure that we are not feeding the fires ‘‘In January of this year, my Aunt was ‘‘The Million Mom March is truly an idea that instill beliefs/values in our young so shot to death she answered her door, by a 17 whose time has come. I’ve wondered many that they assume violence is the answer! year old 9th grader. This shouldn’t have hap- times if we women could stop a nation in it’s Amani & Baraka (peace & blessings)-Kipenzi- pened. I have a 3 year old son and I want him tracks with a peaceful assembly in the name Baltimore Maryland’’—Kipenzi, Baltimore, to live in a safe environment. Life is too un- of our children on a given day. We owe it MD stable anyway, without having to worry ourselves, our children, and in the memory ‘‘Accidental. Deliberate. Hunting. Protec- about guns being in the wrong hands. Let’s of all who have died at the hands of someone tion. Legal and licensed. Illegal and hidden. get safer gun laws, NOW.’’—Lori Martin, La- holding a gun to show our concern for any Safety. Crime. It is all the same. The pur- fayette, CO lives lost due to gun violence. If I can’t make pose of a gun is to stop a life from con- ‘‘You’ve inspired me! This march is long it to Washington, I will try to organize a tinuing. Whether or not this happens in a overdue, and I must take part in it because local march in the Poconos of Pennsylvania. premeditated, controlled fashion or in a I feel passionately about gun control. Let’s Just a couple of hours to show your concern spontaneous manner with reckless abandon, need a strong message to Congress and de- for all humanity is not too much to ask the consequence is the same. A beating heart feat the NRA. Together we can do it!— when you consider the alternative of being stops. A brain stops functioning. A soul is re- Marilyn M. Wayne, PA sorry you did not take a public stand against leased from its body. Guns have a power that ‘‘There is a war going on this country and violence and support those of us who live ev- is to be respected and REGULATED. Moth- the government is ignoring it. Big money eryday with the empty rooms and heavy ers also have a power that must be acknowl- and the NRA have stolen our safety and se- hearts from the memories of murdered chil- edged, exercised and focused on the safety of curity. It is a truly sad day when you cannot dren and adults.’’—Maria Coqueran-Belk, our fellow beating hearts and thinking send your children to school in safety. It is Broadheadsville, PA brains. Thank you for giving us a place and a sad statement on our society that the right ‘‘My husband’s name is Robert Ott. He is 30 a situation in which we can make our voices to own a gun outweighs the rights of our years old. Nine years ago, he was shot at

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.074 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2473 point blank by a stranger in a bar. The is now torn between helping a friend see the They are still our Babies!! So precious and stranger went to prison for 8 years—he was right way and someone being killed, even pure! Come and join us Mother’s Day 2000, released last year. My husband lost his himself. I can no longer keep asking myself and help us in this fight against the Violence sight—for life. The bar was uninsured. My what can I do. I am so glad that we as Moth- being plagued upon our Children!! Let these husband was awarded $10 million by a judge. ers can finally make a stand and be heard. I foolish people know we will not sit and wait He has never seen a dime’’—Kimberly Ott, realize that I am one of the lucky Mothers for our children to die painful and senseless Seattle, WA that still have a living child. My heart goes deaths in our schools and in everyday life. I ‘‘I live just outside our Nation’s capital out to all those others that have lost. These look forward to walking down the streets of and am still reeling from the shock of the re- guns need to be taken off the streets, and out DC in support of this worthy cause. Remem- cent shootings at the National Zoo. The of the hands of children and if the govern- ber, our children are our only hope for a bet- mere fact that an 11-yr old child is fighting ment won’t take them off the street then ter future!! Love them and teach them that for his life after what should have been an they need to be in a controlled environment. violence is wrong!! Love them enough to save innocent day at the zoo should be enough of One lucky Mom, Portia McRill, Alpharetta them!!!!! Eileen, Waldorf, MD’’—Eileen E., a wake-up call for everyone. I will never un- GA.’’ Waldorf, MD derstand why a 16-year old felt the need to ‘‘As I sat and read through all the postings ‘‘It is very inspiring to see and read about bring a gun to the zoo, or why, based on this on the tapestry, my first thoughts were of so many people who care about this issue. I and other tragedies there are still those who my 8-month-old son. As a new mother, how am the mother of a Columbine student who oppose gun control.’’—LeeAnn, Waldorf, MD could I NOT do something to help protect survived the shooting last year; however, my ‘‘Without our children there is no future. him and his generation, in addition to the fu- daughter attended 3 funerals for victims. It isn’t only because of my 2 children that I ture generations in the years to come?? My April 20, 1999 was the worst day of my life. It am coming to Washington for the Million following thoughts were memories of how was a nightmare for many of us parents— Mom March, it is for the future of all of us. guns played a role in my life . . . when my even if we didn’t lose a child. I have written Let there be Peace on Earth, and let it begin grandmother passed away when I was 10 to my state legislators to ask them to sup- with me.’’—Debbye, Coral Springs, FL years old, there was a young man whose fam- port reasonable gun controls proposed by our ‘‘I will never forget the day my 16-year-old ily was having his funeral in the same place governor, but they did not feel it was impor- daughter learned her close friend, Hans Hum- as my grandma. He was 20 years old. He had tant enough to support these proposals. I mel, also 16, had been murdered by gunshot. shot himself in the head playing Russian will be attending the local march in Denver I phoned the police in Arizona where the Roulette. Or, when I was in Junior High and along with other Mothers and people who murder of Hans and another young man oc- a young man, upset about his girlfriend care about this issue. We must do more than curred, sure I would be told it was just a vi- breaking up with him, shot himself in the just attend the March, however; remember cious rumor. How could that little boy wear- head. Outside the high school. Just a bus how your legislators voted and unless they ing a soccer uniform in the photos my loads of other children were pulling up. It is support our desire for reasonable gun con- daughter kept displayed in her room possibly a memory I will never forget. Or, in high trol—don’t vote for them again. Support have been shot in the head? How could any- school when my cousin’s best friend com- those legislators who agree with many of us one do that to a kid? Why would anyone take mitted suicide with a handgun (after numer- that reasonable gun control measures will a hundgun to Walmart with them? Walmart ous other attempts had failed). Flash ahead make a difference!’’—Tina Campbell, Little- was a place for Hans to work after school to to Columbine, and the rest of the school/ ton, CO earn money, not a place for his murderer to company/random shootings that have begun ‘‘LET’S MAKE OUR CITIES, STATES & show up. Hans’ murder took more than his to happen on a fairly regular basis. No, I COUNTRY A SAFER PLACE FOR OUR life. The people who knew and loved Hans have never been DIRECTLY affected by guns CHILDREN! WE DEMAND GUN CON- will never be the same. They will never trust . . . so far. And, that’s what terrifies me and TROL!!!’’ MARLA BENTON, CHAPEL HILL, like they did before his murder. They will spurs myself and my husband into action. As NC never feel as safe as they should be able to. many people have said, ‘‘it will never happen ‘‘As an EMT and employee at Children’s They will never be relieved of the anguish of to me. . .’’ Well, it might. And, I want to do Hospital, there are too many children trans- losing their friend and all the wondrous everything I can to prevent it from occur- ported to our hospital due to gun shot things that should have come from his life. ring. I march in memory of the boy who wounds. I am a mother of three children and Hans’ friends remember him each time they played Russian Roulette, the boy in front of would feel a lot more comfortable with the see a rainbow. He will live on in their memo- the high school, and my cousin’s friend. And fact that we are moving closer in the fight ries as the teenager he was, as each Valen- we march in honor of all of the children and for gun control and easy gun accessibility. tine’s Day, his birthday, they bake a cake others who should NEVER have died in such Guns are meant for one thing and one thing and sing happy birthday to a perpetual 16- a senseless way. Lastly, for my son and the only, to kill!! When a 6-year-old can obtain a year-old who, because of someone else’s self- children of his and future generations. We gun, the time is overdue for the strictest gun ishness will never have the privilege of grow- will not be in Washington, but will be sup- control measures.’’—Tracy Staton, Bowie, ing old.’’—Diane Puckett, Manassas, VA porting the rally in Chicago. God Bless us, MD ‘‘I think this march is a wonderful oppor- Everyone, in our fight to keep guns under ‘‘In 1994, the 12-year-old son of a friend tunity to show our Congress and our country control. And let this not be the only step . . . accidently shot himself with a 22-caliber that we are saying ‘‘NO MORE‘‘ to the sense- let us continue to march for those who handgun and died. Why do we hide our car less violence and loss that guns can bring. I can’t.’’—Jamie Littlefield, Bensenville, IL keys so our five-year-olds can’t drive the don’t wish to outlaw all guns, but to simply ‘‘On Easter Monday, April 24, at the Na- family car, and yet allow something as dead- regulate and wisely control the industry. It tional Zoo in DC seven children were shot by ly as a gun to lay around within reach? How is time that we make a stand to show our a 16-year old boy. He used a 9mm gun. We all many dead children will we need before we lawmakers how we feel. Washington, be know he couldn’t buy the gun, so how did he take parental responsibility? Normally I am aware—we are watching you, and our votes get it. Something has to be done when chil- a proponent of minimal government inter- count!!’’—Kim Smith, Carl Junction, MO dren can’t go to an Easter egg hunt at the vention, but if we’re not willing to take re- ‘‘My hope is that we, as fellow humans in- zoo and feel safe.’’—Patricia, Temple Hills, sponsibility for the safety of our families, habiting this Earth, start placing a higher MD then let the laws fall where they may.’’— value on life than we do on money or power, ‘‘AT LAST!!! A LARGE GROUP OF PEO- Susan Richmond, Gig Harbor, WA so that no more children will needlessly PLE WHO AGREE THAT EASY ACCESS TO ‘‘About 8 years ago my father was the vic- die.’’—Kelly Stanford, Hulmeville, PA GUNS IS INSANE!! Why does this country tim of a car jacking, he was shot twice. He ‘‘I moved from my home state of Cali- recall toys that have hurt a few children, but survived, although it was very touch and go fornia, which I thought I would never do, be- we haven’t been able (YET!) to have sensible for a while, but he will never physically be cause of the violence was coming to close. control and licensing of guns which kill 12 the same again. I thought at that time this Being in the mist of the roits, I thought CHILDREN per day?!?!? MY SPIRIT AND was the worst thing that could happen to my what can do to stop the violence? Well, we THE SPIRITS OF MY BEAUTIFUL 7 YEAR- family . . . But I couldn’t have been further moved across the country to a small south- OLD SON, MY MOTHER, SISTER, AND from the truth. On Thursday, December 17, ern town, where a week ago my son’s friend’s AUNTS ARE WITH YOU!!! YOU GO 1998, my life changed forever. I came home Mother found 9mm Gun in his room. Which WOMEN!!!’’—Lynne Harkness, Edwardsville, from work with my 4-year-old daughter by was stolen and only cost him 2 weeks allow- IL my side and tried to enter my home. I was ance. There is no Price large enough to put ‘‘I have a 6 year old daughter & We are so unsuccessful in doing so and I started knock- on a child’s, or for that fact anyone’s life. excited to be participating in ‘‘The Million ing on the door. No one answered, I knew When I got the call (early) to pick my son up Mom March’’, it’s about time our voices are someone was home. I went around to the I knew something was wrong in his voice. He being heard & that we will not tolerate the back of the house and saw that the balcony told me what happened and I cried. ‘‘I move violence any longer! As mothers, We are door was ajar. I thought maybe one of my across the country to get away from this, tired of our beautiful children being slaugh- two older boys might have forgotten to close and here it is in my face’’. Thank God my tered like worthless animals!! God has given the balcony door and maybe fell asleep or son turned and ran. The first thing that us the gift of being Mothers, and did NOT in- something. I then put my 4-year-old daugh- came out of his mouth was ‘‘Columbine and tend on them to be ripped from our arms in ter over the balcony so she could go inside Hitler’s birthday, what was he thinking?’’ He this way!! No matter how young or how old!! and let me in. When she opened the door I

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.076 pfrm01 PsN: H03PT1 H2474 CONGRESSIONAL RECORD — HOUSE May 3, 2000 noticed my eldest son, who was 17-years-old, killed through irresponsible and reckless March in San Diego. Thank you for taking a was lying on the floor. At that moment I firearm use. I am now angry and choose to stand and organizing us moms. I hope this still didn’t realize the extent of what was use that anger to make a change in my can begin to heal our wounds.’’—Layla wrong. I leaned over my sons body and that’s child’s world. Nothing else in the world is so Smith, San Diego, CA. when I saw that he had been shot in the powerful as an idea whose time has come. ‘‘Thank you to the Million Moms that will head. That image of my son lying on the Now is our time. Good luck and God Bless. march nationwide on May 14th. Let us be floor is as vivid and painful today as it was KSK’’—Kristin K, Burlington, NJ strong and determined that we will not stop then. It was as if someone ripped my heart ‘‘I am the mother of three and like most pushing this issue until there are sensible out. My immediate reaction was who, what, moms out there I am afraid every time they gun laws on the books. I will proudly be why, how, and also why I wasn’t there to leave my house. What will happen when they marching in D.C. on Mother’s Day with my protect my son. After all it was my job as a go to school? What will happen when they one year old daughter, my mother and my mother to protect him from all harm. I are walking down the street? Etc. I know all eighty year old grandmother. Four genera- couldn’t save my baby. Your not even safe in mothers worry naturally, but in today’s tions of women that are committed to make your own home. Maybe by getting these laws world it’s not just worry, it’s panic. I’ve a difference!’’—Lisa Hyle Marts, Baltimore, passed we will be able to spare another never been a victim of gun violence nor have MD mother, father, sister or brother the pain of I known anyone personally. But just watch- ‘‘With all the violence involving young losing a loved one to gun violence. My son ing it on the news and reading it in maga- people, my mother always comments that was a very fun person, very artistic, and he zines and newspapers is enough to make me she would never want to have kids now and loved basketball. He was looking forward to sick. Some people in my family don’t agree have to raise them in this society. That is a getting his first real paycheck from his new with the way I feel about guns. I do not allow very sad comment. I have two small children job. I miss him so much. I miss his face, his any type of gun in my house, I don’t care if (ages 18 months and 7 weeks) and I am also laughter. Just hearing him call my name. it is ‘‘just’’ a water gun. There have been worried about what will happen in society The young man that killed by son was 19 family members who have bought my chil- while I am raising them. I am glad that years old. I still have not really dealt with dren toy guns and said, ‘‘It’s just a toy, it there are groups that are trying to better his death. The trial will begin soon. I often won’t hurt anyone.’’ I don’t believe that to things for our kids and their future. Good ask my self: How in the world did this hap- be true. Maybe like my family says I am luck with the march. Since I live on the pen?’’—Faye Hicks, E. Elmhurst, NY overreacting, but I feel a child should in no other side of the country, I cannot be there ‘‘We women need to remember that we are way know how to hold, handle, or fire a gun, in person. I will be there in spirit!’’—Traci, the swing voting bloc this year. We have the Toy or Real. I don’t have the means to get to Phoenix, AZ power to overcome the NRA and their pro- the march this Mother’s Day, but I will be ‘‘When I was 11 years old, my 21-year-old gun cohorts. We must stand resolute in our there in spirit. Someone has to put a stop to sister committed suicide in the kitchen belief that sensible gun control reforms are all of this violence and it seems like Mothers while the rest of the family was getting necessary not only for the safety of our chil- are the obvious choice. After all who else ready for night on the second floor. She used dren, but for the safety of all children. We cares as much as Mothers do?’’—Sue, Phila- my father’s revolver to shoot herself in the must write our Representatives, our delphia, PA heart. I will never forget the ‘‘Ouch, Ouch’’ Congresspersons, our Senators and Gov- ‘‘If there is any group that can change the and then the thud of her body falling on the ernors and urge them to pass common-sense course of history and its events it’s ‘‘Moth- floor. It was 39 years ago; it still as vivid as gun control legislation. Most politicians ers’’. How appropriate that this march is if it happened yesterday. If she had not had have an email address . . . sending an email scheduled for Mothers Day. As women we easy access to my father’s gun that night, only takes five minutes! This is our responsi- have changed the course of history and bat- she probably would be alive today. When I bility. We must speak and vote for our chil- tled for our rights in every court in this na- was 15, I went through deep depression, and dren. They are worth the effort.’’—Wendy, tion. We will succeed and for all the right I, too, attempted suicide. I didn’t have access Lima, OH reasons ‘‘safety for our children, grand- to a gun. I took pills. I was found in time, ‘‘As a society, we need to get a grip on children and every child that follows. We and my life was saved. After therapy and what is really important. We need to remem- will make this a safer world for them.’’— confronting the demons of my past, one of ber that children are children, not small Paul L. Hayes, Stroudsburg, PA which was my sister’s suicide, I became a adults, and they need protection. We are a ‘‘In October 1994, just two months after my well-adjusted, functioning adult. My point is country that educates parents to keep medi- first son had been born, I got a call from the that guns do make a difference. Not having cine and cleaning products out of reach or hospital that my older brother had shot him- them save lives.’’—Carole, AZ locked up, yet there is free and easy access self. He had been diagnosed for years with ‘‘As a prospective Harvard Postgrad stu- to weapons. How are we to keep our children paranoid schizophrenia and I could not be- dent, I can only say that I will feel a lot safe? We must speak out and demand mean- lieve how he was able to get a hold of a gun. safer heading off to the US for that postgrad ingful gun controls.’’—Joanne P., Farming- Although he survived a gunshot to the head, degree when gun control is introduced.’’— dale, NY it tore our family apart. We had always been Student, London, MA ‘‘I hope that someone plans to distribute taught to stay away from guns. We grew up ‘‘On February 4, 1999 my life changed for- this tapestry to all of our Representatives in one of the most violent neighborhoods in ever when two detectives came to my home and Senators—along with the message that San Diego. I saw the violence of guns time and told me that my son, Larry was shot and we are paying attention to how THEY vote— and time again throughout my childhood. I killed tonight. Those words ring in my ears and that we will cast OUR votes accordingly. had a dear friend who was shot and killed daily. I cried, ‘‘How could this be? I saw him By the way, my daughter and I plan to at- when he was only 17 years old. I vowed to 4 hours earlier’’. He was just going over his tend the march, instead of our usual Moth- never allow a gun, real or fake, into my girlfriend’s house. A trip he made numerous er’s Day movie and dinner.’’—Elaine, Pasa- home. And now, almost six years later, an- times for over a year. At 6:30 in the evening dena, MD other gun-related tragedy has torn my life as he walked from the bus towards his ‘‘Growing up as part of a family of avid apart. My 19 year old nephew was shot and girlfriend’s house he was shot multiple times hunters in rural Wisconsin, guns were an ev- killed at a party on April 1, 2000 in Arizona. and was pronounced dead at the scene. Larry eryday part of my life. My father took great The 21 year old host of the party was toting was twenty-one and had just accepted a job care to educate us on the uses as well as the around a gun. He had a history of violence as a bank teller. I remember how happy he dangers of firearms. I feel blessed to have and had used the gun several times before to was when he came home and told me he been raised in an environment where a threaten other young men in the commu- passed the test and that he was waiting for healthy respect for weapons of any sort was nity. He claims it was ‘‘accidental.’’ What is the company to find a bank near our home. imparted. Unfortunately, not everyone has so ‘‘accidental’’ about a man that carries His years of confusion, not knowing what to that opportunity. Today, as a mother of 3 around a lethal weapon, cocked and ready to do with his life was finally headed toward a year old twins, I am still pro-hunting; how- fire, while at a party with ‘‘friends’’ and then goal. The person(s) who killed my child took ever, a time has come for change. I feel hand- uses it to kill and shoot another? Why are away someone I loved (still love) and some- guns and assault weapons serve no purpose these weapons so readily available? What is one I miss daily. I miss what we shared. I but to kill people and therefore should be their use if only to kill? My nephew was a miss what we were suppose to share. I miss outlawed. Rifles and shotguns used for the loving, sweet young man who could unarm all the simple things I took for granted that purpose of legal hunting should be allowed you with his smile. We only have the mem- was to come. I will never know the joy see- but only after extensive hunter education ory of that wonderful smile left with us. I ing him get married, the joy of holding my course completion and installation of safety cannot begin to feel the pain my sister-in- grandchildren. This was all taken from me equipment. Severe penalties for illegal pos- law feels to have lost such a wonderful son. that night. I cry when I hear of someone’s session and sale of firearms should be imple- My husband is devastated. My son is now child being killed. I live their pain, through mented. Minimum jail time requirements, in five years old and we have another one on my own. I cry for how that mother must now federal penitentiaries, with no chance of pa- the way. I want to fight so their lives will feel now and the difficult days to come with- role is a good start, but still not enough. not end or be affected by the tragedies gun out her child. I want the senseless pain to Waiting times, background checks and pos- cause. We must fight together and let our end. I can’t bring back my child, but if my session limits need to be put in place imme- voices be heard loud and clear. My husband participating in the march can help save the diately. I have cried my last tear over a child and I will participate in the Million Mom lives of other children, then I am very

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.078 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2475 thankful to be part of this march.’’—Kath- sponsibilities. It’s time we make our voices our home. If it isn’t there then nobody can erine Lewis, Columbia, MD. heard. In this election year, let’s make our be hurt or killed. All we are asking for are ‘‘Selecting Mother’s Day for this March is votes really count for something. See you at minor things, gun control. Locks on guns, both appropriate and quite in keeping with the MMM.’’—Nike Carstarphen, Takoma time between the sales of guns to one person, its original intent. Julia Ward Howe urged Park, MD. if only one person has had to die because we the creation of Mother’s Day as a day for ‘‘I pushed the gun away from my brothers didn’t do any of these things then it is one women to speak out for peace. Although it feet, afraid to touch it, but wanting to get it too many. I would bet if any of the members has changed over the years to become a day away. It was too late, it had already done of the ‘‘NRA’’ have every lost a child or fam- to honor mothers, Howe’s Mother’s Day what it was intended for. I found him lying ily member that they would be with us and Proclamation supports the goal of this year’s on the floor and if Tom Delay and Charlton not against what we are doing. They say it is march. She wanted all people to be safe from Heston could see and feel what many of us their right. But what about our rights as the horrors of war. I hope you will honor her have to live with they would agree, wouldn’t parents to keep our kids safe from gun vio- and the history of Mother’s Day by making they? Let us try . . . No, let us do it! My lence. We have to worry when we send them her words an official part of your day. Moth- brothers name was Joe DiPaul and he had a to school, or let them play outside. It isn’t ers have, for a long time, spoken out against wife and two children, and he would still be right and it isn’t fair to us or them. We are the madnesses that hurt our children. We here if not for an easily accessible GUN!!’’— not saying that they can not have their should all keep our foremothers in mind as Theresa Cass, King of Prussia, PA. guns, but please think if you don’t keep we continue the struggle,’’—Cynthia Leh- ‘‘Yesterday 6 kids were shot near the na- them locked up what can happen when they man-Budd, Cleveland, OH. tional zoo—apparently by another child. Yet are at hand’s reach of a child. Children only ‘‘The first thing we need to do is PRAY. our representatives waste their time and our do what they learn and are allowed to do. So These folks in charge of changing the laws money to investigate the ‘‘violence’’ of it is up to us to make a change. Hundreds of are procrastanating until one of their kin is armed law enforcement personnel rescuing a years ago guns were meant for hunting, but killed or hurt. If the presidents family were child to be returned to his parent. Just who now some of these guns are meant for one shot, I’m sure the law would be passed. Don’t is supposed to be carrying guns in this soci- thing and that is to kill another human give special treatment to the higher ups. ety and what is ‘‘violence?’’ How many chil- being.’’—Tonia day, Hampstead, MD And leave us little people to be hurt. Do dren have to be shot before these self-right- ‘‘I need some clarification—many of our something now. Exactly how many children eous legislators realize that a heavily armed congressmen have begun yelling and scream- will have to die in vain because of ignorance society requires even more heavily armed ing because there was a loaded gun near a of the gun use. This is supposed to be the law enforcement personnel, and that the ex- small child. They are all over the TV calling best city to live in but it seems to be on the cess supply of guns will end up in the hands for hearings. ‘‘The boy could have hurt and list to stay away from. Please do something of children. These are the same legislators at the very least he was traumatized! This with the gun laws.’’—Margaret Shields, Clin- that think we need to have a great excess of shouldn’t happen.’’ Odd, gentlemen, we’ve ton, MD. nuclear arms as a deterrent for war.’’—Sue been saying that for ages and you’ve turned ‘‘I like so many other moms out there wish Hauser, Beltsville, MD. your back. Either back up those words or that that sensible gun control laws had been ‘‘My daughter and I will proudly march in you show yourselves for what you are.’’—JR. in effect a long time ago. About 5 years ago, the Million Mom March. Our participation is KY my 14 year old cousin put a gun to his head not only an effort to demand sensible gun On June 5th, 1988 my 15 year old son was because he couldn’t take being dumped by laws but to remember those moms and chil- shot and killed by a 44 magnum. The only his girlfriend. Well he live but not the way dren that have been indelibly scarred by the good thing is he died instantly and did not that he would like to, in a wheelchair, use of guns in the wrong hands. I am a Reg- suffer, but for the past 17 yrs I and my fam- parallized on his right side and not being istered Nurse. I have worked closely with ily suffer everyday. He was the baby of the able to speak. Then 2 years ago, my Uncle, children that have been traumatized by life’s family and the only boy. I only hope that depressed for so many years and not have a painful events. Many of these are the result this will help change the laws on guns, so no- way out put a gun to his and died, alone. of the ruthless use of handguns. I ask that body will ever go through what my family Everytime I see Charlton Heston speak I get we Million Moms remember these innocent has. The loss of a child is the greatest trag- a huge knot in my stomach, because it seems children in our purpose and in our prayer. edy every known’’—Rita McKinney, like everytime he does speak another break- For the frail 9 y.o. whose leg and mind were Ridgecrest, CA ing story comes on the tv talking about an- scarred when he was used as a human shield ‘‘What a beautiful tapestry of words, other school shooting. Mr Heston needs to in crossfire when his dad’s drug deal went woven with love and hope and true energy, ‘‘think’’ before he ‘‘speaks’’.’’—Tammy bad. For the beautiful 12 y.o. whose guilt and about such an urgent issue. I and my chil- Towk, Lemoore, CA. shame overtook her; never knowing if she dren will be at the march—I want our legis- ‘‘as i read these tapestries i cry for all killed the young target in the driveby shoot- lators to know that they must speak for us. these lost children. i can’t imagine the feeling, a rite of gang induction. For the de- to do that, they must hear our voice. Stop ing of losing a child, my three sons are my spondent 16 y.o. who witnessed his mothers the gun violence!—Cathleen Barnes, Silver world and the glue that holds me together. i being shot in the street. His pain has tempt- Spring, MD will be at the march no matter what. and ed him to find a handgun to take his own It’s a fact of life that family members are like someone else said earlier i will walk for life. For the 15 y.o. who returned home to forever lost to us due to illnesses that can- every child lost to senseless acts of violence find his mother’s bullet ridden body on the not be cured. I remember, as a little girl, involving guns. we need tougher gun laws floor of his room. He is tormented by the overhearing my grandmother tell someone and we need to enforce the laws that we have flashbacks. We ask that these children be that the greatest tragedy in life was to bury now also. may GOD bless all of you,’’—s kept in mind as well as the staggering statis- a child. It simply was not what God in- schwartz, ashley, IN. tics. There were 32,436 people killed by guns tended. Many years later I stood with my ‘‘I almost lost my father to gun violence in the US in 1997. Hopefully, this strong mes- grandmother at a memorial service for my when he was shot in the arm and side by a sage will be heard by Congress and action mother who had died of cancer. The anguish drug-addicted criminal while acting in the will be taken to pass sensible gun laws.’’— she felt was clear. Now that I have a 71⁄2 yo line of duty (he’s a retired police officer). At M.J. Ferrone, Hillsdale, NJ. daughter, all I want is for her to be safe. As 18, I got that long-feared knock on the door ‘‘I am the mother of two very young boys I accompany her to/from school I am re- and was told that he had been shot and was (17 months and 7 months). I believe that the minded daily that there are people out there in critical condition in the hospital. He died, only purpose for hand guns is to kill. I have that may look sane but do not always act ac- was revived, and survived. But, his life (and been writing to my Congressmen asking cordingly. In a city where mentally ill indi- mine) was never quite the same. Reading the them to pass stricter legislation for gun viduals push total strangers in front of sub- stories in this Tapestry makes it all too laws. Recently I actually received a response ways cars, I am always aware, and every clear why we need stricter gun control legis- back, it was from Spencer Abraham from vigilant, of the people around us as we trav- lation (while also working together on re- Michigan who expressed his concern re: el. Unfortunately I cannot tell if the person solving the underlying social/economic stricter legislation fearing that that would next to us has a gun. The laws must change! issues which give rise to violence—acci- punish law biding citizens. I feel that law Both my daughter and I will attend the dental and intended). I am confused, dis- biding citizens would and should support March in Washington because we are part of gusted and angry when certain pro-gun advo- smart guns and mandatory safety locks. I a community that needs to be heard, that cates seem to believe the issue of ‘‘the right am hoping that the million mom march will will change gun control laws, and must de- to bear arms’’ is an all or nothing issue. The show Congress that us moms mean business. mand that safety be restored to our lives. aims of the majority of people (as the words Thank you for organizing this.’’—Patricia, The safety of our families must be an in- in this Tapestry make clear) is not to make Harrison TWP, MI alienable right!’’—Lorraine Ashman, New guns illegal, but to regulate and control ‘‘I was 17 when I got the phone call that York, NY them in a sensible manner, much as we do my 15 yr. old brother was shot and killed ‘‘The young’s gun violence is so serious— many other activities and products. While playing with a ‘‘unloaded gun’’. It was the some news I’ve read in newspaper is so it’s true that ‘‘guns don’t kill people, people worst night of my life. Now I am a mom of shocked. But many statemen don’t do any kill people,’’ there’s no reason we should two children and my husband and myself action. Tonight I heard about a great action make this any easier. With rights come re- have made the choice not to have a gun in of moms. What an amazing courage! Yes,

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.082 pfrm01 PsN: H03PT1 H2476 CONGRESSIONAL RECORD — HOUSE May 3, 2000 Moms are powerful. I’m sure Moms can pro- life I have lost my father, an uncle and a ‘‘YES!!!! It’s about time we mothers tect our children and make a safe country. nephew by marriage to guns. One was mur- weighed into this issue. We nurture the life Cheer up! Now I live in Pusan, Korea. I heard dered, one a suicide and one was accidently. that guns make so easy to destroy. But don’t about your march from my principal in the Had guns not been around and easy to get, stop with marching; write your senators and institute of opportunity: leadership devel- none of these untimely and sad deaths would congress people, write letters to the editor of oping center for volunteer.’’—hee kim, have occurred.’’—Gael Ralph, Alpine, CA your local newspaper, ask you women’s pusan, AL ‘‘October 11, 1998, Hans Hummel ‘‘Together we can change our laws to pro- groups to take a public position on the issue, was shot and killed in Arizona. He was 17, a vide sensible gun legislation which will pro- support and express your appreciation to senior in high school with a bright future. He tect our families from senseless violence. those who champion gun control, and vote! was working at Walmart, and he and a secu- The MMM is about benevolent change for Together, we are stronger than the Tom rity guard were pursuing a man that had those we love and cherish.’’—Rebecca Angel, DeLays of the world.’’—Pamela Behan, tried to steal a television. The man shot Albany, CA Jonesboro, AR both of them, both were killed. Hans was a ‘‘I support much greater control over the ‘‘June 29, 1993, I lost my oldest son to gun very good friend of mine for years, but we access to guns. There should be true back- violence. It was just two weeks after his high had recently lost contact. Everyday I am ground checks on all firearm purchasers at school graduation. Everyday since that haunted knowing that I am denied the oppor- all gun shows, banning of the import of large night, I re-live the whole thing over and over tunity to let him know how much I cared. ammunition clips, keeping handguns and as- in my head. I hope the Million Mom March Guns are unnecessary and intolerable. Why sault weapons out of the hands of anyone can do something for about the gun laws, I should we let them destroy us? Where can under age 21 (unless appropriately super- have three more young children and I don’t the beauty be found in a gun that can be vised) and ensuring that all guns are every want to go through the same situation found in a life? Can we look Hans’ mother in equipped with safety devices such as trigger again, nor do I wish anyone else to. I will be the face and tell her that man deserved to locks.’’—Carla Seyler, New Orleans, LA marching in Chicago with my family. Thank ‘‘I think its about time for something like carry a gun with him? That it was his legal you,’’—Olmedo, Chicago, IL this to happen! I plan to participate on be- right? Didn’t Hans have a legal right to live? ‘‘I am the mother of a perfect, beautiful 9 half of my own children, grandchildren, and To succeed? I am marching, along with my year old girl. I am saddened by the seem- all the other precious children that belong to mother and best friend for Hans’ sake, that ingly endless stories of innocent children US! they most certainly are OUR future!’’— others may be saved as a result of the pain being killed by handguns, ether by accidents Elizabeth C., Yellow Springs, OH in the home, or by the hands of intentional that has been suffered. ‘‘Tonight (4/24) on the NBC Nightly News, [email protected]’’—Kayde Puckett, Ma- users. I live in constant fear that someday in response to the Elian raid, George W. this tragedy may become my own. I am out- nassas, VA Bush declared this to be a ‘‘nation of laws, ‘‘Yesterday, 6 children were shot at the Na- raged by the lawmakers that continue to de- not guns’’. I am sure you can imagine my tional Zoo in Washington. The fight between fend the so called right of ‘‘law abiding’’ citi- disbelief. Mr. Bush, I am going to hold you to teens could have ended in cuts and bruises, zens to bear arms in the form of semi-auto- that statement. Not only is this a nation of instead children were shot and a young boy matics and handguns. I applaud and support laws, it is a nation of children and parents is brain dead. Although stricter gun laws the efforts of the MMM. I pray that this will and sons and daughters and brothers and sis- will not put an end to violence in our coun- be a wake up call to legislators who continue ters. All of whom deserve never to be wit- try, it will go far in saving precious lives. to have the NRA in their back pockets. I am nesses to violence. I am marching so that I Every day more children are shot and killed. tired of those who say gun control efforts are can say that I live in a nation of laws, not Most cases don’t even make national news. I in vain. I view gun violence as any other dis- guns.’’—Melissa Foutz, Washington, DC ease which threatens our children and our have lived in Washington, DC for eight ‘‘My 19 year old son, Ryan was sold a gun society, and step by step . . . effort by effort months. During this time, local news has illegally by K-Mart & committed suicide on . . . God listens to a mother’s prayers.’’— highlighted the violent deaths of several May 23, 1996. He couldn’t buy cigerettes in children. Senseless deaths . . . Voters make Julie Townsend, Davenport, IA the store that sold him a gun! Ryan was ‘‘I think it is wonderful that we moms are your voices heard across this country . . . schizophrenic but had a heart of gold! I have speaking up for our children and am glad to Sensible Gun Laws?’’—Kimberly, Ketchum, a lot of respect for Rosie for dropping rep- see dad’s doing it too. How many more chil- ID resentation of K-Mart! Ryans is not an iso- dren need to die before we see a need for li- ‘‘We all need to be involved with gun edu- lated case! This is happening time & time censing, safety locks and background cation and control. Mothers shouldn’t have again! I hope to make a difference in my life- checks? When the Constitution was written, to be the only ones concerned—everyone time in helping keep guns out of the hands of the guns they were referring to were too needs to care about our children and the fu- people that should not have them. No Moth- heavy to be held by a child, and could not be ture of guns in this country as well as all er should have to live with the constant pain concealed in a over coat. We need a reality over the world. I have not personally been af- of losing a child because of irresponsible Gun check here. We have the right to bear arms fected by the tragedies, but I have cried for Control! I will be particating in the MMM those who have and I want to keep my chil- with a broken ankle in Jacksonville, Florida according to the Constitution in order to dren safe. March on?’’—Shelli Seaton, Mar- on Mothers Day! Sandra Eslinger protect ourselves and loved ones. It does not ble Falls, TX ([email protected])’’—Sandra Eslinger, say we have the right to bear arms and take ‘‘As an American expatriate now living in Park City, UT away someone else’s life who is defenseless. I gun-free Singapore, and one who is soon re- ‘‘I have always been appalled at the con- guess it would be mothers that would have turning to live in gun-happy Texas, I cannot trol that the NRA maintains on our law- the love for their children to stand up to the express the great sense of safety parents feel makers. Thank you for making the voice of politicians and the NRA and all it’s money here knowing their children will not be the many concerned parents of this country and say, ‘‘we are not going to allow this gunned down in school, at the zoo, and trav- heard. The life of one more child is too high senseless killing anymore!’’—Anie Lyne- eling about town in the evenings. Singapore a price to pay for the failure to pass this Both, Wailuku, HI has tough laws, but there is a great sense of common sense legislation.’’—Becky Adams, ‘‘I am not a Mother, but I am a Father and freedom in safety that makes small sac- Marietta, GA Grandfather. I am also a longtime long gun rifices well worthwhile? Nearly every parent ‘‘I am the mother of two boys, ages 3 and and Handgun owner. But I totally agree with returning to the US expresses fears about 6. For years, I have been very upset about everything your group is striving for in the their children’s security there due to gun vi- the gun violence in America. Our country ap- area of Gun Control. This Gun Madness must olence. Without strict Federal gun control pears to be a war zone with over 10,000 people end! No one is asking me to give up my Guns! laws American children will never feel the dying every year from guns—many of these I believe in Handgun registration and licens- wonderful freedom and security that the innocent children. If you look at any other ing of Handgun owners. I also believe in the children of Singapore and other gun-free so- country in the world, you wouldn’t find any- ‘‘Cooling off period’’ for purchasing long cieties enjoy and take for granted.’’—Bar- thing near that number. IT MUST STOP guns. I also believe in responsible gun owner- bara Johnston, Corpus Christi, TX NOW! The Million Mom March is an excel- ship. Good luck and keep up the good ‘‘On January 29, 2000 my 12 Year old son lent way to get everyone involved in order to work.’’—David G. Warner, Utica, NY was sitting on the sofa and was shot in the stop gun violence. Thank you to the orga- ‘‘I wish I could say that I do not personally back of the neck with a nine mil. bullet and nizers of this wonderful organization. Thank know anyone that has been adversely af- one grazed his shoulder. Thank god he is you for saving our children.’’—Andrea Price, fected by a gun. I just heard about the Mil- alive and ok. This was senseless and made Auburn, NY lion Mom March this morning, Easter, while me realize how much I hate guns. I wish ‘‘I’m a dad, a husband, and Director of an checking my email. I will be in the local there were no such thing as guns, especially Emergency Medical Services (EMS) depart- Tampa march. I can’t think of a better way for those who have lost loved ones this ment. I’ve seen far too much violence and to celebrate Mother’s Day, for both myself way.’’—Tammy Baughman, Detroit, MI trauma that came out of the barrel of a gun. and my daughter, Jasmine. I cannot imagine ‘‘Once I rote a letter to my local Congress- I support this March (and all of the regional what it is like to have to lose a child to such man asking him to support sensible gun con- gatherings) with my heart & soul. Be well. an act of cowardly violence. We do not and trol and he sent me back a 3 page letter up- Practice big medicine. Hal Newman, Mon- will never allow guns, either fake or real, in holding the 2nd amendment as if it were the treal, Qc.’’—Hal Newman, Montreal, Quebec, our home. Children are hurt and abused Bible. But this had no effect on me, as in my AL every day, and we cannot stop most of this.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.085 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2477 This is an opportunity to the Mothers of the their guns when entering a town. We’ve got- brother to a single gun shot on New Year’s United States to take a stand and shout ten so far from the basic civility of gun con- eve 1989/1990. I weep with so many others . . . ‘‘Enough!’’ and remove one huge way of trol that now, instead of gangsters and rob- I have a son who is 11 years old. I am trying abusing our children, who are, after all, are bers getting killed, it’s our children—the my best to raise a sensitive and caring man. our future.’’—Deb Carter, St. Petersburg, FL most fundamental building blocks of our so- I worry about the future for our children. ‘‘This should be the first step in promoting ciety. What’s even scarier is the number of This march is a wonderful thing to do. gun control. The next step is that each children who have access to guns, before Thanks again. Peace to all . . . Mo mother at the rally contact five others who, they’ve even had the chance to learn what a Giandinoto’’—Maurine Giandinoto, Mtn. in turn, contact five others to vote for legis- wonderful gift life is. Thank you to the orga- View, Ca. lation that ensures the safety of our children nizers of this long-overdue stand for gun con- ‘‘Several months ago after another sense- and ourselves. We have the power to make a trol. Count me and my family in. See you less gun death, I said to my husband, ‘This difference if we focus our demands at the May 14.’’—Cathie Batavia, McLean, VA will only stop when women take to the voting booth.’’—Sandra Pressman ‘‘Reading this tapestry has made me so streets to put an end to it to protect their Weissfisch, Ridgewood, NY emotional. As a social worker, I know how children.’ Little did I know it was already ‘‘Look into the eyes of a child, yours or just one person can make a difference. I’m underway. I can’t be in Washington, but I any other child. See their smiles. Touch also a mother of a two-year-old. I don’t want can and will be in Chicago. Let’s not forget their tiny fingers and kiss that tiny little to worry about my daughter’s safety when another important thing—that is to show up nose. Imagine their future, a blank canvas she becomes school age. In our society, we at the ballot box. If you are not registered to that society gets to paint, a blank sheet of feel that the social problems that exist don’t vote—do it today. Here we come, ready or music that we get to write. What colors will exist in our backyard, but they do. I feel not!’’—Julie Ilacqua, Clarendon Hills, IL. we use? What notes will we choose? Now look very compelled also to make legislators hear ‘‘Question for the NRA—What part of into those eyes again . . . how will YOU ‘‘our voices’’. It’s time we end this night- ‘‘Well regulated’’ do you not understand?’’— make a difference? How will YOU ensure mare.’’—Kelly D’Onofrio, New Haven, CT JR, KY. those eyes still shine bright tomorrow and ‘‘I am thrilled that the women especially ‘‘I am an intern with Texans Against Gun the next day? Or does it even matter to you? the Moms of this country are standing up Violence, a Social Worker, an aunt and a My children matter to me. Your children and saying, ‘‘That’s it. Enough.’’ and being mother to be. I will be at the march in DC matter to me. I will do whatever I can so pro-active about this critical issue of guns in with my husband to demand that Congress that our children can grow together, I hope this country. I send blessings to each and clean up this mess. I will be marching in you will too.’’—Sheri Seehorn, Milpitas, CA every one of you and know that we will be memory of all those who have died sense- ‘‘In January of last year a mentally ill per- successful.’’—Susan McGuire, Studio City, lessly and specifically for my high school son purchased a handgun. She then walked CA friend David Beatrous, who, at 18, shot him- into the Triad Center in downtown SLC, ‘‘I only heard about the Million Mom self in the head at our school. He had a took the elevator to the office of AT&T March today: the anniversary of the Little- promising future as a scholar and actor, but where she shot Anne Sleater. Anne died a ton, Colorado shooting. I am appalled that his depression made him desperate to end his few days later. She was a beautiful mother of nothing has changed in the last year. I am pain. He used his father’s unsecured gun to a 6-month-old daughter and had only that even more incensed that I have stood by and do so. David’s death was a wake up call to month returned from maternity leave. Anne done nothing, assuming that someone else me to get my own life together and to some- and her husband Chris were school mates of would make America safer for our children— day work with suffering teens to heal their my son all though elementary, junior and for my child. That isn’t going to happen. I lives. A gun in the home makes it 5x more senior high school. We must not let tragedies must get involved for Ellie’s sake. She de- likely that someone in the home will use it like this happen in this country again. We serves a life with less gun violence.’’—Kath- to commit suicide (and 3x more likely to must have background checks for purchasing ryn Kerr, Chandler, AZ commit a homicide). I am committed to guns to protect all Americans.’’—Kay Jones, ‘‘Thirty years ago I lost a wonderful friend doing my part for this cause. But our elected Murray, UT to the handgun he had purchased for his own leaders better do theirs.’’—Jessica Hartog ‘‘My youngest son Kevin was shot and protection. Raising my children near an Smith, Houston, TX. killed instantly on January 1, 1990, he was 20 urban area, having police officers in our fam- ‘‘I lost a brother and a nephew to gang vio- years young. I can’t express strongly enough ily, I know many sides of the gun issue. All lence in Chicago. Both were under 17 years how this insanity has got to STOP. The chil- I know for certain is that guns are killers, old. I fled with my only son to Silver Spring dren of this world are being taken from us. I and that sensible laws cannot and should not to keep him alive. He is now 28 . . . I had to have 22 grandchildren and 11 great children, be opposed by sensible people. I have raised leave friends and family because of the gun I pray for their safety every night, and worry my kids to act on their convictions, and my violence in Chicago . . . I will march on constantly about who will be next? Not only daughter and I will be there on Mothers Mother’s Day in hopes that someone else for my own family, but for all innocents. My Day.’’—Peg Williams, Ambler, PA does not have to leave everything to give her two daughters wrote in the Tapestry and one ‘‘I will be marching in DC with my mother child a chance at living! Rest in Peace of my Granddaughters, It breaks my heart to in memory of my brother. Trevor was shot Thomas Anthony (1973) and Dujan Miller know the sadness that is still with them and and killed April 8, 1993. No one knows the (1982)!’’—Katie Johnson, Silver Spring, MD. will never go away. God bless all you moth- who or whys. Seven years later my heart is ‘‘While I was reading the tapesty I came ers, Grandmothers, and caring people that still broken and will never heal from losing across my mother’s letter about her 20 year will march on Mother’s Day. We must win him. To most people it was just another old brother (my uncle) that was killed by a this one, good luck.’’—Gloria Coohill, Mos- ‘‘random shooting’’ on the city streets of single bullet 10 years ago. As I read that I cow, PA Buffalo, NY, but now my and my families began to cry . . . even though it has been ‘‘On May 16, 1994, my husband Edward was lives will be forever ruined. Thanks to every- years since his tragic death I cry often when shot and killed in front of our three daugh- one who is taking their time to express their I think of what he could have been and how ters. It was over a dumb baseball game. It concern about gun violence.’’—Rich, Dillon, sad that my son Jacob will never meet the has been a nightmare since. God willing, my- CO uncle I loved so much. I will not be walking self and the girls will attend the March. God ‘‘When I was 14, my 11-year-old sister was in the March in Washington, DC but I will Bless.’’—Iris, Staten Island, NY shot by a school buddy. Yes, it was an acci- join the forces of many mom’s in Seattle, ‘‘Yesterday I was reading an ‘‘Arthur’’ dent, however, if she had died, would that Washington. I walk for Kevin, my 4 year old book with my daughter, Julia and in the have mattered? As a Canadian, I am also an son Jacob, and my beautiful nephews. Yet book Arthur has to write an essay on what avid supporter of this cause and want to every step I take during that walk will be for would help make America great. I asked my commend your organization for bringing every tear that my mother and grandmother daughter what she thought would help make such an important issue to the eyes and ears have let fall from there saddened eyes. We as America great and she replied ‘‘to have proof the world. Recently, Charlton Heston was mothers need to make a difference in our grams to help families and to stop guns.’’ I in British Columbia denouncing Canada’s chldren’s future. They need our strength and was shocked to hear such a well-thought-out gun laws and trying to raise supporters for support to guide them through life and I be- response from my 6 year old. When I asked the NRA in our country. This frightens me lieve this march is the beginning of our about this she said she remembered Col- greatly. I would like to show MY SUPPORT strengths shinning through. I thank you as a umbine and didn’t want any more kids to to the Million Mom March in some way on mother for caring for my son’s future, and die. As a nurse for the last 13 years, I know May 14, not only for the citizens of the his precious life. I can never repay all of you that all too many do die—every day. I would United States but all citizens against gun vi- for taking a stand for my son. You are right say to the NRA: you say you want to pro- olence. Do you know of any marches or dem- it is not called the Jacob march but in my mote ‘‘family togetherness’’. Well the real onstrations being held in Canada? Thank eyes it is because it is his future and other way to promote family togetherness is to you, Leisa Nason, Winnipeg, Manitoba children’s that we are fighting for. Thank STOP KILLING OUR KIDS. Way to go (lnason@home. com)’’—Leisa Nason, Win- you Tara D Rios’’—Tara Rios, Bremerton, moms, see you on May 14 in D.C.’’—Rebecca nipeg, CN WA. Stern, Havertown, PA ‘‘Heartfelt gratitude I feel for all who take ‘‘There is no place for guns in a civilized ‘‘Even back in the days of the ‘‘wild wild part in this March. My emotions have never society, and no civilized society would allow west’’, strangers were required to check been the same since I lost my 20-year-old its children—our future—to be silenced,

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.089 pfrm01 PsN: H03PT1 H2478 CONGRESSIONAL RECORD — HOUSE May 3, 2000 whether by design or accident, by the bullet. My heart goes out to all the families who concealed in the room. My brother and two The time has come to bring the senseless have lost loved ones because the power of the colleagues died, leaving 3 young widows and massacre of reason and humanity to an end. NRA has become so great that it seems to 5 orphaned children. The irony is, if he had Just how many more must perish by that have overtaken and paralized our govern- known the student and known of his fears bullet before we, as those whom we elect to ment. It’s time for someone to take a stand, and worries, he would have gone out of his represent us, say, ‘‘No more?’’ ’’—Seth D. and who would be better at doing so than the way to help him. The student held a license Bykofsky, West Hempstead, Long Island, mothers of our country! I cannot attend the for his gun and practiced regularly at a gun NY. march in Washington, but hope to do some- club. Please tell me why an ordinary citizen ‘‘I plan to march locally in LA on Mother’s thing on a local level to show my support for needs such a weapon? He had a family his- Day in support of stricter gun laws. As I the MMM. My mourning is still so intense. I tory of mental illness and was ex-military watch the news coverage of the tragic events will never be the same. I, too, cry every time training, which apparently is a typical pro- happening all over the country my heart another child becomes the victim of a sense- file for ‘cagers’ according to recent research. breaks over families torn apart by gun vio- less shooting. The shooting of the 6 year old If that is the case, why is it he and others lence. I feel almost ashamed to be an Amer- by a seven year old was such a shock! How like him can obtain a license? We need to ican and sometimes wonder how I can justify did our great nation come to this??? We must protect the rights of all our citizens. I have raising my son in such a violent society. I end this violence NOW. I will be with you all heard much talk about our ‘constitutional am angry that while more children are killed in spirit on May 14th. I know my son Mead rights’. If you read the constitution, you will by guns our lawmakers sit on their hands will be watching from wherever he is. He has know that the right to bear arms is in an or- and bow down to Charlton Heston and the two beautiful little girls, age 2 and 6. I am ganized militia, not in a classroom. My NRA. When I heard of the march my heart scared for them. Can they survive their brother’s constitutional rights died with him lept because that’s exactly what’s needed— school years? Who would have ever thought in a hail of bullets. Please let us move into the Mom’s of America need to unite and it would come to this—that parents and a new century with a better understanding speak out (loudly) to our Government— grandparents have to worry about sending and respect for what other rights are and STRICTER GUN CONTROL NOW! You Go their children to school every day!?! Here’s should be—that is to feel safe in our work Mom’s!’’—Pam Edwards, Los Angeles, CA. to the mothers of the world—together we can environments and to know that our children ‘‘I believe in this march because if we don’t and WILL make a difference! Our voices will come home from school at night.’’— make a move to stop the senseless killings must and WILL be heard! Beverly Mary Rose, Hebron, CT we will continue to watch the news everyday Himelstein, Bloomfield, CT’’ ‘‘I am the very proud mother of an almost and see another senseless shooting or worse ‘‘I am the proud mother of two wonderful 2 year old boy. He is my hope, my future, and suffer a loss within our own families. We children, ages 10 & 21⁄2. I am so thankful for the pride and joy of his family. Our chil- cannot continue to allow the proliferation of this opportunity to speak out against the dren—the nations children—are the hope of guns in our homes and streets just because gun lobby and those politicians who are so the future. Thank you for starting this there are those in our society who wish to firmly wedged in its pocket. There must be march, thank you for doing what you can to gain a profit for the sale of guns.’’—Wanda some common sense used in the selling and keep guns out of their hands. I am HON- Reid Wilson, Southfield, MI. manufacturing of guns. When the assault ORED to be a part of this tremendous effort! ‘‘I WITNESSED the senseless SHOOTING weapon ban was repealed a few years ago, I If we can help prevent one senseless death of DEATH of my 13yr old nephew 6/8/98. He was was sickened. I am ashamed to say that one an innocent child by this march, then it is KILLED while PLAYING basket ball IN HIS of the representatives of my state played a well worth it. God Bless!’’—Kris M. Koehler, OWN YARD, by a 12yr old PLAYING SNIP- major part in that repeal. He is now running Overland Park, KS ER. No, I’m not a mom, but I couldn’t have for governor in our state and seems very ‘‘Please keep guns away from children— loved him more or hurt any less than my sis- proud of his pro-gun record. This is a very they are our hope for the future, the most ter. WE CAN ALL SAVE THE CHILDREN IF pro-gun state, but please know that not all precious resource this country has.’’—Marta WE WORK TOGETHER AND TAKE RE- of us are like that. Growing up, I even heard Settles, Burke, VA SPONSIBILITY.’’—Claudette, Richmond, the minister of my church declare that the ‘‘My husband has been a reserve police offi- CA. government would take away our guns, and cer for over a decade working in a northern ‘‘My youngest brother Kevin was hot and thus, our freedom. Why would this be in- California city with a high violent crime killed on New Years Day 1990 in New York cluded in a church sermon? Christ taught rate. He has been in situations where he has City. The memory of that phone call and the peace and love of your fellow man. I am had to draw his weapon more times than violent way he died will never leave my sorry to say that a lot of my family still some officers will in an entire career. He has heart. I thank you for this march and I am feels this way. I will probably take a lot of seen so much death and sadness as the result going to get things together so I can be flak for this march. Thank goodness my hus- of guns in the hands of criminals, teens, sub- there. Kevin was 20 years old’’—Kathie band supports me 100%. I pray that we can stance abusers, and emotionally desperate Riera, Hawley, PA. make a difference, and that my children and people. Early in his career he saw the mid- ‘‘It seems so natural to try to end all of their children can grow up in a society that dle-aged parents of one of his partners on the this senseless gun violence on Mother’s Day. is not so saturated with violence.’’—Sandi force, make the nightmare decision to dis- There is no stronger bond of love than a Young, Charleston, WV connect their adult son (and my husband’s mother and her child. I have three sons; ‘‘I had a brother 3 years older than me. He co-worker) from life support and watch him Tony (20), Mitchell (18), and Jared (9) who de- was a typical big brother, often teasing me die from devastating brain damage—the reserve a world of peace and I am going to do and my little sister to tears but also always sult of being shot in the line of duty by a anything and everything I can to make sure ready to play with us and as we got older, criminal—a 19 year old who got his hands on that happens! My heart and prayers go to all there to listen and be a friend. My brother a ‘‘Saturday Night Special’’, and used it. My of the moms out there who lost their chil- had a way of making people love him. He was husband, a witness to the events leading up dren to this evil. And because those in Wash- charming and thoughtful and caring. Most of to the shooting, testified at the trial of this ington don’t pay that much attention to the all he would go out of his way to help people, young man, who had been raised in a violent ‘‘common man’’, it is up to us to make those they couldn’t stay angry with him. He would family where guns were as everyday as a loaf in Washington sit back, take a hard look at win them over with his smile and because of of bread, and saw the jury lock him up for what THEY have and have not done! God’s his determination to be friendly. He was a life. Two young lives destroyed, albeit in dif- grace be with us all!’’—Patti Moy, Indianap- nonviolent man. When he was drafted for the ferent ways, because guns were available. I olis, IN Vietnam war, he became a conscientious ob- watch parents in toy stores buying their ‘‘I am a mother and a grandmother. I had jector. He didn’t run away, he was deter- children plastic guns—pistols, machine guns, the good fortune to be blessed with two beau- mined to do his part if he had to, but he ‘‘Star War’’ space guns, and see the parents tiful, wonderful sons, Mead and Brad. Brad couldn’t kill others and sought a nonviolent laugh as their kids aim at each other and wil be 30 on May 7th. Mead would have been way of helping. Three years ago my brother shoot. If they could see and understand what 33 on June 11th. Mead Jeffrey passed away on in typical fashion stepped in to help a col- my husband sees and experiences they might December 28, 1999. No, he didn’t die of a gun- league. He was due a vacation. His children, come to believe that guns are not playtoys, shot wound. He died of leukemia. However, I then aged 6 and 8, had never been on a real that guns in the wrong hands kill and maim. know the unbearable pain and anguish of family vacation and they planned to camp up My daughter knows that my husband uses a loosing a child. It is the worst possible trag- through California and end up at my Uncle’s gun in his police work. She has been taught edy that could befall a mother. The pain of ranch in Oregon. But Preston’s colleague was to respect his weapon, and to understand the mothers who have lost children to senseless sick with cancer and he asked my brother a awesome and powerful aspects of guns. His violence is also my pain. No mother should favor—would he be part of a panel hearing a service weapon is kept in a locked gunbox have to bury her own child—it’s just not student’s Master’s thesis defense? My broth- and never removed until he leaves the house right or natural. We pray for long lives for er changed his plans, shortened his vacation for a shift. I support the Million Mom March our children, and when these lives are need- and came back to hear the student’s work. with all my heart. It is time that this coun- lessly and senselessly cut short, we wonder On August 15, 1996 that student ambushed try and our elected officials respond to the what kind of a world we live in where chil- three professors in a small room, firing over needs of our citizens for sensible gun-control dren are allowed to die—whether it be 40 rounds in less than 2 minutes, from a 9mm laws and law enforcement, and not cater to through illness or violence—it is WRONG! police type semi automatic hand gun he had the lobbying of special interest groups and

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.091 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2479 firearms manufacturers.’’—Terry Clark, Los the rest of the country our love and our re- their comments, please do. My e-mail ad- Gatos, CA solve to take control. Thanks to those moms dress is [email protected]’’—Kristi ‘‘As the mother of a police officer killed in who have taken the steps to make this Stepp, Dumfries, VA the line of duty, I have long been aware of march possible. This will truly be a Mothers ‘‘I would just like to say that I think that the need for some kind of gun control. I am Day worth celebrating!’’—Allison Leopold, the march is a wonderful idea, and its about so glad to see SOMEONE finally take a Falls Church, VA time this sort of thing took place. I’m the stand. I no longer feel alone in my views on ‘‘There are a lot more moms out there co-founder and president of a club at my this important issue.’’—Billie Hurst, Rose- than members of the NRA and it’s time to land, VA make our voices heard, I am making this a high school, S.A.Y.V., Students Against ‘‘Although the state of Georgia is very pro personal goal—that the Million Mom March Youth Violence, and because we live right gun, I want all to realize we’re not all that is the starting point for a new grassroots near the District, a big group of kids are way. Stop this insanity of guns, guns avail- movement to end gun violence. So, the next planning on attending. It’s not just adults able to children. Stop children killing chil- question is . . . What are we doing after the who worry about gun legislature and things dren,’’—Sherry Roak, Nashville, GA March????’’—Holly Spiegel, Calabasas, CA like that, but also people who are just chil- ‘‘My husband and I have three children. My ‘‘Though I will be unable to join the dren themselves. The response from the stu- husband is a hunter. We lock are guns up and march, my heart and thoughts will be with dent body has been overwhelming. I have no have taught our 5 year old about gun safety. you all. I applaud every single mother who doubt that a great deal of the next genera- She is not allowed to touch or even shoot. I participates. I feel the NRA’s anti-gun con- tion in America is planning to make the dif- just talked to her about what do do if some- trol arguments are totally antiquated; no ference.’’—Leigh, Springfield, VA one points a gun at her. My daughter cried one needs semi-automatic weapons to pro- ‘‘Me Conmovi mucho el saber que como right alone with me that little 6 year old girl tect their rights, or to use for hunting. Even mujferes y madres nos podamos unir en esta died. I can’t understand the madness. I will if someone wants a handgun, why is it unrea- gran causa, como madre me preocupa el bien be there mother’s day. God bless everyone sonable to require a waiting period or a trig- de mis dos ninos son lo mas importante en ger lock? No one, child or adult, should have who has lost someone they loved to guns.’’— mi vida y en la de mi esposo ellos son la to die violently from a bullet. We must con- Sheila, Angola, NY. razon por la que me levanto en las mananas vince Congress to take action once and for ‘‘When we lose our children due to illness y me moriria de la tristeza el saber que uno or natural disaster, it’s a tragedy. When we all.’’—Susan Turgeon, Norridgewock, ME de ellos me le paso algo o que alguien me los lose our children due to gun violence, it’s a ‘‘In November of 1999, my son walked into lastime asi que por eso quiero participar en reflection of our own stupidity, laxity, and a sporting goods store in Atlanta and walked esta marcha y aunque no pueda ir a Wa. D.C. arrogance. It’s time to hold onto and protect out with a gun. He used the gun to end his ire a la marcha de mi estado de Wa. Pienso our children, our most precious resources, by life. If he had not had such easy access to que es bien importante porque mis ninos son standing up to be counted. Each one of us that gun, I believe he would be alive today. el futuro de este pais. Denise Trimble.’’— has a voice that matters, and it’s time to use Our grief is indescribable, our pain hard to Denise Trimble, Gig Harbor, WA that voice and our brains to protect those we endure, our lives will never be the same. All love and value so much. A choir of thousands who knew my son have been affected by this ‘‘This madness has to stop and we need to of women chanting their demands for tight tragedy I am so glad that this first Mother’s be heard. I plan to be in Washington, D.C. on gun control is better than a choir of a thou- Day without my son, I will be able to do May 14, 2000 fighting for stricter gun laws to sand moms singing songs of lamentation at SOMETHING. I have always been pro-gun help protect our children. I have 2 boys, ages church funerals. Believe, think, act!—Kathey control but now I am passionate about it.’’— 5 and 3 and I do not want them to be exposed Kelly, Ann Arbor, MI Judy, Tampa, FL to guns, especially at school, which unfortu- ‘‘My son Nick was 16yrs old when he was ‘‘On May 11, 1999 my life changed forever nately, is where kids seem to be getting shot, by another 17 yrs old in May 1977. He with the phone call every parent dreads. My killed by them more and more. A place was not killed Thank God, but he is maimed son was dead, shot with a gun belonging to where they are supposed to be, and more im- for life. He was shot in the spine and the bul- this father. I will never know what happened portantly feel safe. We are their protectors let still remains there. The Doctors can’t do to my precious 14 year old, but because of a and I would not be doing my job if I did not anything for him, because his nerves has gun left carelessly accessible, Kit will never support this issue and got involved in this been severed from his spine, he is in contant have an opportunity to grow up. I will never March. I will see all of you there on May 14, pain everyday and has to live on pain meds. feel ‘‘safe’’ again. My family has been torn 2000. In the meantime, I will continue to say I feel for the children and families that have apart, not just by violence, but by poor judg- prayers that our children can stay protected. been killed by guns, but what about the ones ment and poor decision making. How many God Bless.’’—Kelly Borbely, Belford, NJ. that have been maimed, what is the stats on other lives must be ruined by this same lack them? I’m in support of the Mom’s in the of initiative? We must protect our children, ‘‘By our readiness to allow arms to be pur- Million Moms March, and planning on being and we must find a way to reach our legisla- chased at will and fired at whim. We have there and hoping to take my Son with tors I don’t want my child to be a statistic. created an atmosphere in which violence and me.’’—Susan Woytasik, Mesa, AZ He was more than a number to me. How do hatred have become popular pastimes.’’— ‘‘When I remember the pains of giving we communicate this sense of loss to Con- Martin Luther King, Jr. It’s amazing with child birth I can’t help but wonder how any- gress?’’—Dru Fentem, Tifton, GA all the advancement this country has made one could deal with the pain of losing that ‘‘February 22, 1999 my son who was only 4 from the time this man was alive, that this priceless child in a shooting death. We are years old was at a close friend of ours play- statement still rings true today. I don’t want each someones child, no matter what age we ing with there 6 year old daughter, who got to leave this world knowing that I com- are. Life is precious and we must protect it hold of a 22 rifle and accidently shot my son plained about this violence, but did nothing with conscious efforts like this Million Mom above the right eye. He is now blind in that to curtail it. We must all be leaders from March.’’—LeAnn Crawford, Caldwell, ID eye, paralyzed in his left hand and cannot here on out, getting involved in our commu- ‘‘On April 1st, 1986 my only son, 19 yrs old, walk without a brace on his left foot. He was nities, until gun violence is a thing of the was killed by a ‘‘friend’’ who was just show- a perfectly healthy 4 year old before this distant past. It can be done. ‘‘Do not wait for ing him a gun that was ‘‘not’’ loaded. Irre- happened. Even to this day the doctors say leaders; do it alone, person to person.’’— sponsible people and irresponsible use of a he is a miracle, they tell me he was not sup- Mother Teresa. I will see you in Wash- gun has taken away someone so very pre- posed to survive and even though he did, ington.’’—Manzo Speight, DC with the injuries he had he should have been cious to me and our family. We are loosing ‘‘I am so thankful that someone has found brain dead. My son was a lucky child to sur- our children by the thousands to this. It is a way for those of us who believe in this vive this. The story is the gun was sitting be- insane. If only they could hear us crying or cause to show and voice our support. The side a chair in the living room, loaded and feel our pain at our losses, but God forbid, people elected to represent our interests are ready to go. My son will always have to work they ever walk in our shoes.’’—Judy B., Peo- out of control and so obligated to special in- harder than others, take criticism in a cruel ria, IL terest groups that it’s unbelievable. No ‘‘All gun purchases should require a com- world because he’s different, and may always group is more dangerous than the NRA. We plete background check, state and federal have to use a wheelchair when he’s too tired don’t have the money the NRA has or an database registration, trigger locks and a to walk because of someone else’s stupidity. over-the-hill actor spouting propaganda but I personal insurance policy, (just as you must I want my son’s accident to be a lesson to think we can make a difference. Our elected have auto insurance in case of accident/in- all. I tell my story to people that have guns officials need to know that there are a lot of jury). Handguns should be severely con- and children because what my husband and I us here and we’re fed up. ‘‘Common sense’’ is trolled, as their purpose is to kill/injure hu- have been through and are still going an unknown term to those in the pocket of mans. Congressional members, please listen through is a parents worst nightmare. Our the NRA. If they won’t listen, we can make to us, not the NRA.’’—Sharon & Martin son with the help of millions of prayers and a difference on election day!’’—LH, Broken McGladdery, Farming ton Hills, MI the grace of God made it. Even though he ‘‘The hand that rocks the cradle truly made it, it’s still heartbreaking to see him Arrow, OK. rules the world. We will end gun violence and suffer through hard times. I am a mother ‘‘I AM A SOLE SURVIVOR OF A SHOOT- soothe the anger and hatred that feed it by who is a full believer in making stronger gun ING. My best friend was killed and I was shot joining together to show our children and laws. If anyone would like to e-mail me with when a 19 year old wanted to see what it was

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.093 pfrm01 PsN: H03PT1 H2480 CONGRESSIONAL RECORD — HOUSE May 3, 2000 like to kill someone. It was random and it be afraid of other children in there schools? Mother’s Day has been difficult for me. changed my life, my family’s life, my There is a song that says I believe I can flie, Hopefully, this march will assist in soothing friend’s life and his family’s life. I will walk and we need to give our kids the chance to a wound that will never heal and at the same with the Million Mom March in hopes that do that. Thank you. Theresa J. McNurlin’’— time enlighten those who haven’t experi- when I have children, they won’t ever have Theresa J. McNurlin, Filer, ID. enced first-hand the horror that guns perpet- to know the pain I know and I won’t have to At the age of thirteen I walked into my uate.’’—Chris McGowan, Philadelphia, AL know the pain my best friend’s mom knows. mom and dad’s bedroom to find my fifteen ‘‘On October 29, 1999, one of my daughters We are all in this together. We can make a year old brother with his brains across the 14 year old friends was killed by a 9mm hand difference. I honestly believe that.’’—Yvette room due to a freak accident with a shotgun. gun. He was killed by another friend who was Evans, Layton, UT. . . That image is in my mind today as strong playing around with the gun and supposedly ‘‘I am the mother of 3 and I am an Emer- as it was that day! I now have to live with (accidentally) shot him in the back with the gency Medicine doctor. I have seen the car- the fear in the back of my mind that one day gun while playing around with it. The boy nage of gun violence first hand for years—a my daughter will be in school . . . looking who shot him has been charged with reckless high school student shot dead while mowing down the barrel of a shotgun. . . . Years ago homicide. He doesn’t go to trial until August his lawn by a mentally ill person. A man who with my brother gun safety was not as wide- of this year. My daughter’s friend died need- shot his brother to death in an argument ly talked about and spread out to people. . . lessly. His name was Jeffery Alan Cole, who over the TV remote. We are not safe. Our Today it is there and they don’t seem to lis- had his whole life in front of him. He was an kids are not safe. I’ll be at the march to add ten and they just don’t seem to care. They excellent student and excelled in sports. Jeff my voice to all of yours.’’—Kerry Foley, act as though adding safety for our children is Loved and missed by all. There is not a Chevy Chase, MD. will infringe on their right to go hunting, or day that goes by that we don’t think of him ‘‘I am a new mother now of about 3 to offer up defense, etc. So they fight against and how he should have not died that Octo- months. Unfortunately these news broad- any form of gun control. And as long as the ber night. We still don’t know who the gun casts are just now staring to affect me, but killing doesn’t infiltrate their life they belonged to or how the other boy got it. The now I am afraid to send my new son to think that they are right to fight this. Yet other boy was 19 at the time of the shooting. school. Just the thought of sending him to the day is does they will be out raged that it Don’t you have to be 21 to have a hand gun? school in 5 years where he could be shot and happened and nothing was done sooner! It He was not even charged with illegal posses- killed terrifies me. I saw a Dateline episode took my brothers death to awaken my fam- sion of a hand gun. We live in a county that where one of the gun companies tried to ily on these issues. . . I don’t want it to take is known for the police not doing their job or make the ‘‘Smart Guns’’ and were boycotted my children’s to awaken the world!!!! There’s a very good job. So now we all wonder what by the American Rifle Association. That been to much senseless dying due to lack of will really happen at the trial. The boy company went out of business. Doesn’t that support on simple gun laws. I think it is should not have even had the hand gun, but make you think? Those guns can only be time that our Government and ALL did. And as a result, another life was taken. used by their owners, and they were boy- gunmakers to stand up and help save our My daughter was there when the shooting cotted. Now, a person buys a gun and gets youth!!!! I for one thank Smith and Wesson happened and has to live with that night for the license so that THEY can use it, not so for putting locks on all guns they make from the rest of her life. She is very much against that everyone else can use it, so why does it now on. My only wish is that it had been hand guns just as I am. You have mine and matter if they are ‘‘Smart Guns’’ or not? done sooner..’’—Brenda Kliebenstein, Jack- my daughters support!’’—Caryn B. Harpring, Does the American Rifle Association want sonville, FL. Hymera, IN our kids to die?’’—Heather R. Spann, Wa- ‘‘I have no problem with those who own ap- ‘‘I found out about the Million Mom March bash, IN. propriate weapons for hunting and keep watching Rosie O’Donnell. Then there was ‘‘Three years ago this May, my 13-year-old them locked appropriately when not hunt- an article in our local newspaper. The article nephew Jim used a loaded, unsecured hand- ing. However, those of you that own guns for ended with Margaret from MI saying she gun to end his life. Because he had this weap- self-protection and have concealed weapons didn’t have a story and wanted to keep it on readily accessible to him while home permits, please tell us the circumstances that way. Those are my feelings exactly. I’m alone, a bad day at school turned into the that will provoke you to shoot another horrified and saddened by the loss of inno- last day of his life. I am certain that without human being. I’ve tried to think of incidents cence every time I hear that a child’s life is easy access to loaded gun, Jim could have on my own but cannot come up with any lost or destroyed by a gun. I have been lucky survived his academic crisis. Now he is lost that would be appropriate. Please don’t say so far but will my luck continue? That’s the forever to those who love him; he will never ‘‘another human may threaten me with a question I ask every time I hear another grow up, never go to college, never fall in gun, therefore, I must be ready to shoot him/ story. The saddest to me is that we hear love, never raise a family of his own. I wish her first.’’ Shouldn’t the goal be the reduc- these heart wrenching stories and then we and hope that we can help prevent this hor- tion, not the proliferation, of guns on the continue on with our lives as usual but that rible experience from happening to oth- streets in the hands of non-law enforcement MOM has to continue to live with it every ers.’’—Katherine Toyer, Earlysville, VA. people.’’—Marilyn, Fairfax, VA day. I don’t want to be one of those ‘‘Years ago at my cousin’s ranch the kids ‘‘My nineteen-year-old son, Jonathan, was MOMs!’’—Donna Robb, Memphis, TN were PLAYING around, showing off, swing- shot with an unlicensed handgun on Friday, ‘‘Ten years ago my beautiful son, Andrew, ing around a rifle and BANG! Dead cousin. October 13, 1995. He was attending a party for killed himself with a bullet to his brain. He The boy who held the gun was a nice kid. a friend that was entering the Navy when a was mentally ill and never should have been Living on a ranch he was familiar with fire- guy who had been drinking came with a gun. able to buy a gun. I have been reading the arms. He knew not to PLAY with guns, not Supposedly, the killer had forgotten that he tapestry today, in tears over the stories by to point them at people, to check if they are had loaded the gun and put it to my sweet so many grieving mothers who have also lost loaded. But he was an IMPULSIVE teenager boy’s left temple and pulled the trigger. My children or other loved ones. I will be at the who acted, as do most kids, without thinking boy hadn’t been gone from our house 30 min- March with one of my daughters (also a through the possible consequences. It is our utes when we received a call that he had mother), because something has to bring responsibility as adults to protect our chil- been shot. We rushed to the hospital but he Congress to its senses. I have three beautiful dren from their own naturally impulsive, was non-responsive. Jonathan Stephen granddaughters (3, 3 & 11⁄2) and I cannot bear thoughtless behavior. Safety locks, registra- McGowan was declared brain-dead at 2:30 the the thought of them being exposed to a soci- tion, purchase time-limits, these do not re- next day. We were able to donate his organs, ety filled with guns—and the needless de- strict our second amendment. I’ll be at the which would have made him glad. This sense- struction they cause.’’—Glennys Christie, El Seattle Center in Seattle Washington on less act with a gun, killed one of the sweet- Cerrito, CA March 13th to rally for gun control. Hope we est boys any mother could want. Nine ‘‘On March 22, 2000, my son, Mark Allan can get the government’s attention.’’—Jan months later, my husband died very sud- Tilley, age 31, was murdered in his apart- H. Renton, WA. denly from a brain aneurysm at the age of 48. ment by an intruder that caught him coming ‘‘I have 12 children the oldest one is 34 I have no doubt that my husband’s death is out of the shower. My son had just been re- years old the youngest one is 9 years old and directly related to the emotional stress suf- leased from the hospital for an operation not one of them have ever had a need for a fered as a result of the loss of this boy he that he had on March 21st. I believe that we gun, if our country was at war than ok we loved more than life. In essence, that gun must stop illegal gun sales. We must give may need a gun in the home but I haven’t killed my two favorite men and left my mandatory minimums to individuals that seen a redcoat or a Indian trieng to brake daughter and me with the knowledge that sell guns without the transfer being known down my door latley? We have given so much the remainder of our lives would always be to local police—if that weapon is later used to our kids over the years in this country tinged with varying degrees of sadness. I’ve in a crime. Buying guns for others should be maybe it’s time we took something away written a great deal since my boys died. One outlawed and that person should pay the from them and give the parents back the short piece follows: WHEN The months and price if the weapon is used in a crime. My right to see there babys grow up and become years drift by. The heartache lingers. Many son was scheduled to marry his wife in a tra- parents to a parent should never have to be say ‘‘Time will heal’’. I question ‘‘When’’? ditional ceremony in her native country, afraid to sent there babys to school or to The longer they’re gone, The deeper I miss Kenya in September. And, his 11 year old sunday school and we should give them the them. The cycle remains unbroken. . . . Un- son, Aaron, no longer has his father. This or- freedom to live a long and happy life and not like my heart. Since my sweet Jon died, deal has devastated my family and I do not

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.095 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2481 want these incidents to happen to any other ‘‘I would have liked to have protected my years, I have found a way to remember and family. ‘‘Spread Love, no guns!’’ ’’—Emily mom too except she committed suicide with honor my friends. I also have a way to feel Tilley, Orlando, FL a gun last year. It’s too late for her but not like I can do something so my daughter and ‘‘I’m lucky enough to never have lost for my son. I would like to think she might her friends will be safe.’’—annemarie, Ithaca, someone to gun violence. I’d like to keep it have been willing to get counseling if the NY that way. It’s time we stood up to the gun ‘‘easy way out’’ had not been available. I ‘‘Dear mothers of America, my love and lobby and to those cowards in Congress—the miss you, Mom, and will honor you on Moth- support are with you on Mother’s Day in people who are SUPPOSED to represent us er’s Day this year by trying to stop this from Washington. As Margaret Mead said, ‘‘Never but don’t have the backbone it takes to turn happening to anyone else.’’—Cindy, Burke, doubt that a small group of thoughtful, com- down the NRA’s money and do what they VA mitted citizens can change the world. Indeed, know is right. Get rid of the guns once and ‘‘The new poll that was just conducted is it’s the only thing that ever has,’’ ‘‘—Susan for all! We can make a difference—together frightening . . . . 35% of Americans with chil- McLoughlin, Peachland, CN we can stop this horror.’’—Karen, Wash- dren have guns in their home, 48% have them ‘‘It only happens to other people, right? ington, DC unlocked. What are we thinking! This march But then there was the early morning phone ‘‘As an employee at the Texas School for is a necessity and people need to stand up for call telling me my younger brother, the de- the Blind, I am horrified at the alarming tougher gun laws! I look forward to the light of our family, had been killed, one number of students we serve that are blind march and look forward to doing any part in week after he graduated from high school. and have suffered traumatic brain injury as protecting our children.’’—Jocelyn Witt, Be- He was shot with a gun which his best friend a result of gun shot wounds. The majority thesda, MD kept loaded to protect himself as he are either gang-related or accidential. I ‘‘As a Mom and an ER Nurse, who works in housesat. The ‘‘killer’’ was a 14-year-old girl strongly support common sense gun legisla- Baltimore City, with one of the highest mur- who picked up the gun to look at it. My tion and I am thrilled for the opportunity to der rates in the nation, I cannot sit back and brother, his friend, my family, the girl and be heard at the march in Washington.’’— wait for someone else to do something, for her family; the list of victims of that one Danna Wisnia, Austin, TX the sake for ALL our children, yours and gun goes on. This march matters. Now that ‘‘I would ask those people in the Gun mine, I challenge every Mom and every ER I’m a mom myself, it matters even more. Lobby who are opposed to any reasonable nurse to gather together a few Moms and/or Thank you. ’’—Patty, Vienna, VA ‘‘On January 29, 1998, I lost my father to gun legislation to watch the tapes of the ER nurses to March or support this effort in suicide. We never even had a gun in the children of Columbine the day of their trag- anyway they can, see you in D.C.! United we house growing up, and I’m sure a moment of edy. Watch the tapes of those small children stand!’’—Pat Sullens, Joppatowne, MD being led out of the day care center. Now as ‘‘I am the grandmother of two. My grand- insanity put that gun into his hands. We you watch, put your childrens’ faces in those children are very young and not aware of the never learned where he got the gun. I can videos. I cry to think of those beautiful an- violent society that awaits them as they get never bring back my father, but I can help gels having to lose their innocence and their older. I am praying that rallies like this will others think twice about what they do with the guns they have and who they choose to childhood. I cry for all of us, because some of bring about positive change in our society. I sell them to. Guns rob us of what is most us are so busy protecting their right to have ask myself how we let things get so out of near and dear to us. Enough is enough.’’— guns they have forgotten about our chil- control. I applaud your efforts to bring about Tara Hlavinka, Severn, MD drens’ rights to be children. I will march for change. It is never too late. Our elected offi- my children, my nieces and nephews and ‘‘My brother was murdered by a man who cials will hear our voices in Washington. Re- had just been released from a mental hos- their children to come.’’—Diane Scheidt, Du- mind them that we voted them in, we can, mont, NJ pital with a diagnosis of paraniod schizo- and will vote them out!!’’—Gina, Randall, IA ‘‘In March of 1978 my brother Dan Sweeney phrenic, but was able to buy a shotgun be- ‘‘I do not have any children, however, I feel was shot to death while on a business trip in cause no background checks are necessary in it is EXTREMELY important to regulate Costa Massa CA. Dan and I were raised in a our state for the purchase of a shotgun. If a guns. How many more children and adults small, safe town where gun violence was un- background check had been done on this have to die before we demand the end of the heard of. Nothing in my background pre- man, my brother, David, may still be alive NRA’s stronghold on Washington? I think all pared me for dealing with his murder. After- today. David died at the age of 6. The man firearms should be banned, but short of a wards I helped pass a 7 day waiting period for who murdered him was my father, who also miracle, reasonable gun laws must been en- the purpose of a handgun in RI. I can’t begin killed himself. So my mother and I will be acted.’’—Whitney, Los Angeles, CA to tell you how I was harassed by the NRA. there on Mother’s Day to honor my brother’s ‘‘Finally—something to march about that These people do not care about the safety of memory by trying to prevent this tragedy should appeal to all thinking, feeling Ameri- their fellow citizens. I was at one rally where from happening again.’’—Jessica, PA cans. What makes more sense than the intel- they tried to shout down Sarah Brady and ‘‘I am a surviver. In 1975, at the age of 13, ligent control of weapons in our homes, Senator Claiborne Pell. For people who I was shot by a 14 year old neighbor from his streets and nation. We can respect our Con- claim to be so concerned about the 2nd bedroom window. In the suburbs, seemingly stitution and show our common sense at the Amendment they showed little concern protected from violence, I almost died and it same time. Let’s go!’’—Barbara, North Attle- about the 1st. I am so glad that this march is by a miracle of God that I can walk as the boro, MA has been organized. I will be marching in bullet chipped my spine after going through ‘‘I cannot tell you how outraged I am that memory of my big brother, Dan.’’—Jane several organs. Even at 13 years of age and access to guns is continually given prece- Sweeney, Warwick, RI even in 1975, it seemed clear to me that own- ‘‘Mothers are a voice to be listened to. We dence over savings children’s (and adults’!) ing a gun in one’s home was asking for trou- need to use that voice to make our country lives. All people of conscience must stand to- ble. This boy took his father’s dismantled safe for our children and their children. We gether to stop the NRA and those in the con- gun, put it together, and loaded it for his need to raise that voice as one on Mother’s gress who vote with them and thereby put all use. I happened to be the victim. Today in Day!’’—Geneviere Lemire, Brownsville, VT of our children at risk for their lives. 2000, the violence has grown but the message ‘‘My husband is a licensed gun owner and Enough. For the sake of my son, and other is as clear as it was to me and my family we are not anti-gun, but there must be gun mother’s sons, I will not vote for anyone un- back in 1975. Guns are dangerous and should, control in America. It seems that in the leg- able to provide gun control leadership and I in no way, be made accessible to children.... islature only money talks. I am ashamed to will contribute to defeat those who vote and in most instances, adults,’’—Belle, Park be from Tom DeLay’s District here in Texas. against our kids. I take comfort in the fact Ridge, NJ He has no common sense when it comes to that I am not alone. Moms, it seems are hard ‘‘Although I have not lost a child to vio- guns. Why are there more controls on auto- to rouse, but we are many, and, once roused, lence, I am tremendously affected by the loss mobiles than on guns. It’s baffling.’’—Kath- are a powerful force. Time to march.—Karen of any child, of any race, religion, or ethnic erine R. Tizravesh, Sugar Land, TX Lawley, Lexington, MA.’’—Karen R. Lawley, background. As a mom myself, I support ‘‘This is a wonderful opportunity to make Lexington, MA wholeheartedly this attempt to WAKE UP a difference, the gun—control issue is one we ‘‘When I was in the fifth grade, a student in OUR NATION and to TAKE A FIRM STAND have felt passionately about for a long time, my father’s Sunday School class was killed AGAINST VIOLENCE. We are tired of being but we haven’t found a way to really voice by a self-inflicted gunshot during a ‘‘game’’ ruled by those who tell us that we no longer our support and I feel this MARCH will of russian roulette at his friends home. I have the authority to teach our children RE- strengthen our beliefs, and help us to unify want my Dad’s student to know I remember SPECT. We have lost the ability to parent our feelings and our country—and let our him. When I was in high school, a friend was effectively—to teach our children to respect elected officials realize this is a serious issue killed by another friend who was showing life itself—to respect US...That is why guns and as parents—it is our moral obligation to her his father’s gun. I want Mary to know I are sought at such early ages as the solution protect our children—all children—We have remember her. I am now 42 and am a mother to problems. We want the responsibility of a five year old daughter and a two-week old of a beautiful daughter. Many times I watch raising our children brought back into the son and we not only march for these children her experience joy, I remember my two home INSTEAD OF THE GOVERNMENT. We but for the children of our community, our friends and their families. On Mother’s Day, want to teach our children the sanctity of state, our country and our world.—.thank my daughter will walk with me and we will love, life, and God without being afraid of you.’’—Stephen and Renee Branham, Lex- remember my friends and their families ‘upsetting’ them.’’—Jacquelyn E. Berry, At- ington, KY every step of the way. After almost thirty lanta, GA

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.096 pfrm01 PsN: H03PT1 H2482 CONGRESSIONAL RECORD — HOUSE May 3, 2000 ‘‘I march to honor my children on the day mine from high school took his own life by ‘‘My cousin was killed by a self-inflicted they honor me. I must add my voice with shooting himself in the head while sitting in gunshot wound to the head when he was 16 other mothers of this nation to embrace the kitchen of his parents house talking to years old. His mother still defends the right peace and end the senseless fear of a young his girlfriend on the phone. How many to have a gun in her house although ‘no one one at the mercy of a gun as victim or perpe- friends must die? I am now a mother of 2 knows where they are’. This was the first trator. May our voices be heard!’’—Mary boys a 2 yr old and an 8 week old. I cringe at thing that came to mind as I heard about the Harger, Cleveland, OH the thought of sending them off to school, Million Mom March. My aunt and I agree to ‘‘I am a retired public school teacher and a because even though they will know it is disagree but I cannot understand how any- mother of 2 twenty-something young adults. never bad enough to take a life * * * who is one after having lost a child in such a tragic There are so many children I care about. Fi- to know if the others will be taught the way would still want them in her house. nally, a way to express my concern about the same.’’—Kristin Vance, Omaha, NE There were other circumstances regarding gun violence and what it is doing to our chil- ‘‘The chain of preschool children walking the shooting because he was in an altered dren. ‘‘Thou shalt not kill’’ is not just some across the street in Los Angeles brought state at the time of the shooting but if the pretty phrase to be framed on the wall! Life tears to a room full of people. This scene did gun had not been in the house, he would in the US gets more dangerous daily, if we do it for me. The craziness of the gun lobby has most likely still be here today, possibly rais- not protect our children from those who got to stop and people with good common ing a family as I am right now.’’—Heather, value guns more than children we are one sense need to prevail. We must have more South Jersey, NJ sick society. Count me in!’’—Cyndy, War- controls on guns and their owners, NOW!’’— ‘‘Like Millions of other Moms. I have felt wick, RI Roxanne Hallquist, Protland, OR so helpless in the face or relentless news sto- ‘‘ENOUGH IS ENOUGH! How many more ‘‘There can no better way to celebrate ries relating yet another . . . and another innocent children have to die before the poli- Mother’s Day than by marching to show our . . . senseless incident of violence involving ticians get the message?! We gave life to our love for our children. I thank God each day guns. As the anniversary of Columbine ap- children and now it’s time to give life to that I am blessed with two beautiful proaches and we reflect on that bitter day— change. We have the courage and we have Boys!’’—Mary Schwander, New Hope, PA and on all the killings in between—let us all the right!’’—Giselle, Seattle, WA ‘‘I’ve just finished reading Tapestry and I renew our commitment to mobilize for com- ‘‘Grant those who wish to exercise it—the am deeply saddened because I didn’t think so mon sense gun laws in this beloved country right to bear the arms that our forefathers many people felt the same pain that my fam- of ours. And THANK YOU, Million Mom intended. Single shooter, musket loaders, ily did six years ago. My 19 year old nephew March, for giving us an avenue of hope in NOT guns which did not exist. FIRST, grant was murdered, leaving behind a newborn which to channel our energies. Another all of us the rights in the First Amendment. daughter who will grow up never knowing ‘‘Mom’’—Kathleen Brahney, Arlington, VA Those rights superseed what comes second. her father. Sure she’ll see pictures of him ‘‘Despite the validity of our constitution Our first right is the right to Life (w/o being and hopefully understand what she’s told as the backbone of our great democracy, the murdered with a gun), Liberty (the right to about him, but it won’t be the same. Helen patriots who wrote it would burn their words safe passage on any street w/o being threat- Ready sings, ‘‘I am woman hear me roar, in if they knew that 200+ years later innocent ened w/ a gun) and the pursuit of happiness numbers too big to ignore,’’ well the roar children would be dying because of the sec- (that which a Mom can do ONLY when she will be deafening on May 14th when a million ond amendment. We must honor the spirit of knows her children are safe). Gun control moms come together and I intend to be one the constitution which was written to pro- NOW’’—Laureen Pepersack, Santa Fe, NM of them!’’—C, Chicago, IL tect citizens against outdated, tyrannical ‘‘Our neighbor’s 12 year old son killed him- ‘‘Finally, an organization which is not mo- laws.’’—Barbara Raphael, Haddonfield, NJ self with a gun upstairs in his bedroom after tivated by political pandering and that is ‘‘IF SOMEBODY DRIVES A CAR, EVEN the family finished dinner. He had just got- willing to step forward and to let their PERFECTLY, BUT WITHOUT A DRIVING ten in small trouble and was sent to him voices be heard and to mobilize for sensible LICENSE WILL BE ARRESTED. IF SOME- room. In a fit of teenage mad, which we all common sense gun laws—The Million Mom BODY CARRY HIS GUN IN PUBLIC, EVEN have experienced, he made the rash decision March. I live in New York City and have a WITHOUT KNOWING HOW TO USE IT, to kill himself. The family was and is still teenage daughter who attended public high WILL BE FREE. WHAT AN ABSURD WAY devastated. I believe if the current gun laws school in the City. Additionally, I spent 7 OF THINKING. YOU NEED SCHOOL AND were enforced we would see less death with years working in the Dept. of Juvenile Jus- EXAMS TO DRIVE BUT YOU DON’T NEED guns. Instead, we are forced to demand even tice setting and know only too well the hor- NEITHER LICENSE NOR TESTS TO CARRY more!—Kathy Frasier, Yelm, WA rible toll that guns are taking on our chil- A GUN. IS A CAR MORE DANGEROUS ‘‘When the shooting occurred in Littleton, dren. Now I am in law school and as a mom THAN A GUN?—MILLO MAZZOLENI, NEW Co last year, my then-9 year old came to me and a concerned citizen and a student at a YORK, NY and asked, Mom, what can I do if that hap- law school that is profoundly motivated by ‘‘I feel so empowered where I once felt I pens in my school? What’s the answer? the public interest, I think my duty is clear. had no power. We can make a difference now, Moms, we CAN make the difference and pro- We see you on May 14th.’’—Colleen before it is too late. We have to end this tect our children. Certainly Congress Richman—Colleen Richman, Bronx, NY today, so there is no tomorrow of tears and won’t.’’—Laurie Jerin, Madison, WI ‘‘Thank you for finally giving me a voice questions of ‘‘WHY?’’. I applaud the orga- ‘‘My daughter, who is 27, has just given me to ask our leaders in Congress to please nizers of Million Mom March and I will con- the best Mother’s Day gift—her company at enact stricter gun control laws. I ask on be- tinue to play an active part to protect our the Moms’ March in Washington, D.C. My half of a 12 year old boy named bill McGuire children.’’—Donna Pappe, Louisville, KY steps will be for all the children who have who was accidentally shot and killed by his ‘‘The Million Mom March is the first orga- died or been hurt by senseless gunfire, for 16 year old brother in 1962. Bill was one of nization that I have seen to protect the chil- their parents and for the children whose my best friends in elementary school here in dren of our nation against accidental mur- lives will be safer when this country finally Washington, D.C. I was only 12 myself and der. I would like to see guns banned from lays down its weapons—or at least keeps never know how his brother had gotten the every home that a child lives in.’’—Elizabeth them away from children. If the gun-lovers gun. His brother thought he had taken all Battle, Missouri City, TX in our midst think they know anger because the bullets out of the gun. The two boys were ‘‘Today in our local newspaper I read these they are being asked to store and handle playing around when his brother aimed the disturbing statistics: in one year firearms guns safely, they should talk to a mother gun point blank at Bill and pulled the trig- killed NO children in Japan, 19 in Great Brit- who has been forced to bury her innocent ger. Bill was shot in the chest and died. I ain, 57 in Germany, 109 in France, 153 in Can- child.’’—Betsy Shea-Taylor, Providence, RI have mourned this friend ever since that ter- ada and 5,285 in our UNITED STATES OF ‘‘There are so many interwoven issues, but rible day in 1962. I have one picture of him AMERICA. There is a gun store within 2 one fact remains true: WE ALL LOVE AND that I keep to this day. I feel it keeps him blocks of my affluent neighborhoods, and WANT TO KEEP OUR CHILDREN ALIVE!!! alive somehow. I wonder how he would have every time I pass it I become angry. It is Let’s stop the killing of our loved ones.’’— turned out, who he would have become, if his time for the NRA to stop hiding behind the Michelle, N. Huntingdon, PA life had not been taken so tragically. My United States Constitution and realize that ‘‘NRA. * * * We ARE coming and we WILL message to our President and Congressional times have changed. We have created an at- defeat you. * * * Smith and Wesson was only leaders is simply this: Please make it your mosphere in this Country where our children the first dominoe. The power belongs to the number one priority to enact and enforce have been desensitized to the horror of vio- people, not the gun lobby’’—Joyce Baird, stricter gun laws. The American people don’t lence. These children have felt the reality of Chapel Hill, NC care about campaign finance reform. We care violence. That is why the horrified looks on ‘‘When I was child, we were at our grand- about the violence on our streets, in our their faces as we see them run from the parents house for a family get together. My schools and in our homes. The time has come schools, churches and other ‘‘safe places’’ cousin, who was probably only 2 or 3 years of for you to take action and get the guns out disturb us so. I have banned my children who age, went into my grandparents room and of the hands of criminal repeat offenders and are 15 and 14 from bringing any violent video grabbed a hand pistol from the night stand out of easy reach of our nation’s children. game into our home, which up to the recent on my grandfather’s side of the bed. We were There is no more urgent problem facing shooting of a six year old first grader was al- fortunate * * * it was not loaded. How many America today.’’—Rebecca Lambert, Bowie, lowed. I will take a stand to try to teach my close calls does it take? A good friend of MD children that killing is not a game, guns are

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.098 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2483 dangerous in the wrong hands, and I ask all she had received from someone and I would mandatory on-site checks and child safety you parents reading this to do the same. Our like to share it with you, it says locks for ALL guns!’’—Karen Faircloth, children are OUR responsibility, and it’s volumes...Student: Dear God, Why Cordele, GA time to take a stand.’’—Kathy Halbeisen, weren’t you at Columbine the day of the ‘‘Your organization is the answer to my Reading, PA shootings and stop all the terror? God: Be- prayers. My husband, a Chicago police offi- ‘‘I have just read all of Tapestry & will cause they won’t let me in. LET’S BE cer was shot and killed with a semi auto- never be the same. But please, PLEASE DO HEARD!!!! Cathy Aschbacher, San Antonio, matic equipped with a lazer site. I sure you NOT LET THIS ENERGY END WITH THE Texas’’—Cathy Aschbacher, San Antonio, TX already know that the March coincides with MARCH. VOTE!! We must get the Tom ‘‘As a responsible gun owner, I applaud all National Police Week in Washington. My en- Delay’s out of office. We must keep working that you stand for. I cringe when I hear any tire family will be there to honor my hus- until the House and the Senate again belong news from the extreme minds at the NRA band and we want to join your March. Please to us!! Please, when you return to your standing in the way of any sensible legisla- let us know where and when.’’—Joan Knight, home, don’t stop the fight, don’t let the en- tion. I firmly believe that if someone is will- Chicago, IL ergy end . . .’’—PJ Bowling, Las Vegas, NV ing to lay down hundreds of dollars, they can ‘‘My cousin Christopher was killed by a ‘‘In 1954 my father was seriously wounded also spend the $5 that a simple trigger lock friend while playing cops and robbers. His on the floor of the U.S. House of Representa- costs. That $5 investment can save the lives friend went into the house, grabbed his fa- tives by a terrorist with a hand gun. I was of our kids. Trigger locks should be manda- thers gun, and not knowing it was loaded, quite young then, but I do remember that tory, and there is no logical reason not to shot and killed Christopher. I was young both houses of congress voted pretty quickly use one.’’—Mark Thoms, Hoffman Estates, when it happened, but it has made a pro- to create very strong security measures to IL found impact on my life. I am a mom now protect themselves and to ensure that that ‘‘I’m a lifelong outdoor enthusiast, having also and I fear for my son everyday he goes kind of incident would not happen again. hunted and fished for more than 40 years. I to school or plays at someone else’s home. Why would they not do the same for the in- want something done to stop this madness. We need to be sensible about our guns Amer- nocent children and others? I am happy to be Please help people understand that handguns ica! Our children are the ones we are kill- a part of the Million Mom March and will are good for nothing but killing PEOPLE. I ing.’’—Jennifer, Milwaukee, WI certainly do what I can to spread the word have two precious grandchildren. I want ‘‘I have been angry long enough without among my community. See you all on Moth- something better for them. I’m obviously not doing something about it. Charlton Heston’s ers’ Day, 2000.’’—Helen Bentley, Strasburg, a mom, but my thoughts will be with you.’’— latest ads for the NRA are the final straw. I VA Dave Gilmore, Shawnee, OK am not only a mother, but due to become a ‘‘I am a mother of 3 boys, ages 15, 11 and 2. ‘‘Five years ago, my daughter was 10 and grandmother in May. I can think of no better I cannot believe that the NRA won’t budget the only witness to a shooting!!! Your simple way to spend Mother’s Day this year!’’— on the simplest law of having a waiting pe- changes in handgun control are needed Christine E. Gaithersburg, MD riod for registering for guns. If most of the NOW!!! As a Mom, a woman, a person—I am ‘‘It makes me sick that in this country we people buying guns were getting them for le- sick of all the senseless shootings!! Hoorah ‘‘love’’ our guns more than we love our chil- gitimate reasons why would they mind hav- for the MARCH!!’’—Cheryl, Omaha, NE dren!’’—Peg McCabe-Ashlevitz, Walled Lake, ing background checks or waiting periods? I ‘‘I am so tired of the politicians and the ex- MI fully believe in child locks also. Are the cuses. Stop it now. If you want to ‘‘I am so thrilled that this is happening members so lazy and dumb that they cannot hunt...ok, but an AD-47 or a handgun? and that so many people with common sense figure them out? There are too many chil- These are weapons that are used for one pur- will be coming together to collectively tell dren being killed by guns that have been sto- pose. To kill humans. As a principal of a ele- Congress ‘‘We have had it—our children de- len or that careless people leave around load- mentary school the fight to stop the violence serve more from us’’. Thank you to the folks ed. There needs to be changes in the laws. is very difficult. The hands of the NRA are that have worked to make this event pos- How would an NRA member feel if this hap- covered in the blood of children’’—Mike, sible. I am going to make sure all my neigh- pened to one of their children? I worry about Philadelphia, PA bors and friends know—I found out through a my children and everyone elses everyday ‘‘Bobby Kennedy’s most famous phrase was friend—you cant beat word of mouth. Lets with this violent society. Let’s all make a ‘‘Some people see things as they are and ask all tell the NRA what we really think of difference in Washington!’’-Lisa, Kresgeville, why, I dream things that never were and ask them and their antiquated notions that put PA why not?’’ John F. Kennedy said ‘‘ask not our children in danger every single day. ‘‘I am a 42 year old mother with 2 sons ages what your country can do for you but what Enough is Enough!’’—G. Perez, Annandale, 11 and 14. My husband is a big hunter and my you can do for your country, let the word go VA boys have been involved in some sort of forth from this time and place to friend and ‘‘It is so long over due that we, as Moms ‘‘hunting activity’’ from the time they were foe alike that the torch has been passed to a fight back against the likes of the NRA. 6 or 7 years old. When our 14 year was 12 he new generation of Americans born in this They have been the bullies on the block for took a ‘‘Hunter’s Education’’ class where he century proud of our heritage and unwilling far too long. We need to show our children had to pass a test before he could be issued to witness or permit the slow undoing of how to stand-up and make a difference.’’— a license to hunt. My husband said this those human rights etc.’’ well we as mothers Elaine Covert, Toledo, OH would help him to be a safe hunter. The ac- are responsible for the next generation and if ‘‘I got angry when I heard that triggers can tual thought of him having a rifle in his pos- we don’t do something now we will not have be made to work with only the owners fin- session really bothers me. My husband wants another generation. We can do it on May 14, gerprint! The gun manufacturers have the to buy our son his own rifle. I told him no 2000.’’—Diana Barrowcliff, Claymont, DE technology to make smarter guns and they way!! One day last year my 11 year old was ‘‘I can’t describe the feeling inside as I sat will not make safer, SMARTER guns until playing in our bedroom while I was on the and nursed my son while watching the horror we force them to through legislation. As an phone. I heard him say ‘‘Mommy look!!’’ and of Columbine on the TV. I kept saying to RN, I feel gun violence is a national health when I turned around he had the rifle barrel myself as I held my son a little tighter, care crisis. SEE YOU IN D.C.’’—sue ann sul- pointed straight at my face and cocked the ‘‘something has got to be done...I’ve got livan, nashua, NH gun to shoot. I had never been so sick and to get involved . . .’’ I read about the MMM ‘‘As a native Coloradan, an Air Force Fam- frightened in my entire life. Thank God that in Parenting Magazine and decided this was ily Child Care provider, and most impor- there was no shell in that rifle. I can not something I really wanted to be a part of, for tantly a mother, I feel a tremendous respon- even imagine what my childs life would be the sake of my son and the rest of my fam- sibility to participate in the Million Mom like today had that rifle gone off. I have ily. Without hesitation, my mother joined March. With every mass shooting that oc- asked my husband to take all the rifles out me as we make plans for a Mother’s Day like curs in this country—a fire burns within me of our home and he did for a few months and no other...one we will never and now I have the opportunity to make a now they’re right back in our bedroom. I re- forget...one when we stand up and say we difference with an incredible group of spect the fact that my husband loves to hunt are one of a million!!’’—Karie, Virginia woman. I can no longer sit and wait for the but I feel that he does not respect the boys Beach, VA ‘‘pro-gun’’ population to come to their and me for not taking the rifles and danger ‘‘I am a mother and middle school coun- senses—I will make the march with my fel- out of our home. I want to be a part of this selor. I live in a community where poverty low mothers and we will be heard from every March and would like different Mom’s from and violence is all too prevelant. There are pawn shop to Capitol Hill.’’—Tillie Sanchez San Antonio to get together if they would many issues to deal with in preventing the Elvrum, Cheyenne, WY like to start a March here in S.A. It is very problems we are experiencing today . . . ‘‘It is difficult-to-impossible to reason with important to me that gun control is enforced children must learn how to handle conflict NRA supporters, or to out-spend the NRA in an extreme way!!! Isn’t that the way of peacefully; they must be taught to be toler- lobbyists. BUT THERE IS STRENGTH, and this Millinnium, that everything is EX- ant and respect the differences of others; HOPE, in NUMBERS. YOU GO!!!!’’—William TREME? Why are we not totally extreme they must be flooded with opportunities to K., Edina, MN about our children’s safety? There is some- be involved in positive activities. However, ‘‘What does it say about our country when thing seriously wrong here and we need to be to keep our children safe, until the societal we have to hold a march to save our chil- heard!!!! I work in a High School and the issues are tackled, we MUST have com- dren? To some it says we are a country of other day a co-worker gave me this e-mail prehensive gun-control reform . . . including non-caring people. On the contrary, we must

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.100 pfrm01 PsN: H03PT1 H2484 CONGRESSIONAL RECORD — HOUSE May 3, 2000 care deeply. To say that our children are not to send her off to school. I’m sick and tired thing....PROTECT OUR CHILDREN! I am worth the effort is a slap in the face to every of being afraid. Even though I won’t be at asking the government to please step up to one of them. They are our future, our whole the March in DC, I will be contributing gen- the plate and protect them...after all aren’t reason for being. If we do not care for them, erously to the cause. It is a darn good some of you parents too?’’—Cindy Leberman, who will care for us?’’—Gwen Neiderheiser, one.’’—Dawn N., Lake Villa, IL Bridgewater, NJ Tampa, FL ‘‘With the Presidential election coming ‘‘The message to congress is this—we want ‘‘I am saddened by the political rhetoric of soon, please choose very carefully which can- tight gun control, NOW, or you will be voted our current election candidates . . . men didate you select. The position that each out of office. Vote with your bodies on Moth- running scared from the NRA. I am tremen- candidate takes on the issue of gun control ers’ Day, and inundate congress with letters, dously thankful that in the last sentence of will affect us and our children for the next e-mails, and phone calls today. Tell them— an NPR (National Public Radio) broadcast years. My child is the most important thing change the laws or we’ll change the law- on gun control this past week, I heard of the in my life and I want her to have a happy makers.’’—Kate Beysselance, Arlington, VA Million Mom March . . . count me in! Let’s worry-free childhood. Guns and violence are ‘‘We must make common sense gun policy make a difference ladies, our lives and our taking away any innocence left in our chil- a populist mandate. The cynical federal and children’s futures depend on getting our soci- dren. Please stand up for the children. Please state legislators would rather reach into the ety under control. No where in the world are protect the most precious things in our deep pockets than protect our children. We there greater freedoms than here in the US. lives.’’—Jennifer, Apex, NC can make enough of a commotion that they Unfortunately they are abused and misused ‘‘Our legislators ‘‘care’’ enough about chil- cannot continue to flaunt our will. See you by the political machine of our times. Com- dren to make vaccinations for chicken pox at the Million Mom March!’’—Catherine J. mon sense and passion for life and safety mandatory for entry to daycares or public Moynihan, McLean, VA should be our watchwords. Let’s all work to- schools. Yet they don’t care enough about ‘‘It is 4 a.m. and my daughter had that ter- gether to make the difference we so de- our children or our families to spend the rifying dream again...the one about the man sire!’’—Sue Hill, Issaquah, WA same amount of energy to address gun vio- with the gun..‘‘he’d already shot you and ‘‘I thought with the coming election if I lence which kills far more people. Astound- Dad, Mom..and now he’s coming for me’’. just voted on the right candidate new gun ing isn’t it?’’—Jeanne, Mansfield, MA Was my daughter affected by Columbine? I laws would come into effect. I now realize ‘‘I was 10 years old when I watched my 12 was! Sydney and I will be there in DC to that getting votes is more important to year old brother inspect my dad’s LOCKED march on Mother’s Day. DAD too! them then a child’s life. It’s our turn to UP gun. Three days later, I watched my PEACE.’’—Victoria Dym, Pittsburgh, PA ‘‘My daughter survived Columbine, but stand up to Congress and tell them to pro- brother’s funeral. We MUST do something to looking into the faces of the parents that tect the future of America!!’’—Amanda, stop this. I now have a son who is 11. I am night who had not found their children was Portland, OR very scared for him to even go to school. I the hardest thing I’ve ever done. Although ‘‘CONGRESS . . . SHAME ON YOU!!! Do know first hand that it CAN happen to you. guns were not the only equation, how can we what you were put in office to do or you will In Memory of my brother and best Friend, not do what we can to prevent this from hap- be voted out! We are WATCHING you and Tim Polhamus.’’—Kathy Polhamus Wolak, pening again? How can gun commerce be know how you vote . . . AND this one issue Troy, MI (for the first time in my life) will be the de- ‘‘The argument that we have a ‘‘right’’ to more important than the lives and safety of our children? How can we face them and not ciding factor on how I vote in EVERY ELEC- bear arms seems to be that we need these say that we have done all we can to protect TION FROM THIS POINT ON. Have the guns to ‘‘protect’’ ourselves, yet, the vast them?’’—B. Adams, Littleton, CO GUTS to take a stand AGAINST the NRA majority of law abiding citizens are not pro- ‘‘I have been a midwife for 25 years and and anyone else because this is the BEST tected by this ‘‘right’’. They are, quite sim- have been privileged to be at the births of thing to do for the future of American chil- ply, endangered by it. The silent majority in over one thousand babies. I am outraged that dren. Where is your personal ‘‘line in the this country needs to get loud on this one! these precious children can be shot in the sand’’??? I hold each and every one of you Protect our 6 year olds! Protect all our chil- streets of our country while members of Con- RESPONSIBLE for every child that is killed. dren! We need gun control NOW.’’—Geneva gress turn their backs on families, extend If you cannot do your job . . . then LEAVE. Bosak, Charlotte, NC their hands to the gun lobby for money and I am ashamed of you all!!!!’’—Karen Gordon, ‘‘Our elected officials will listen to only espouse ‘‘family values.’’ Together we will fi- Livonia, MI one thing—votes. Women have to vote for nally end this violence.’’—Marion ‘‘If only for the politics and the fear of los- the candidates (at the state and national McCartney, Washington, DC ing a job over doing what is right could be level) that commit to support legislation ‘‘I think that this is really great! I am in overcome, I continue to pray for this. Too that meets our goals. For me this is an issue full support of this. My nephew was killed by bad the fathers of our nation can’t get as for which I’m willing to become a single- gun violence two years ago leaving behind a passionate about this issue. I offer my pray- issue voter!’’—Jennifer, Bethesda, MD little brother and now its time for me to ers for every single mother who has lost a ‘‘Today the news of a young child killing stand up and protect him and keep him safe. loved one to this kind of violence, regardless another arrived at the same time as an ap- Not just him but all the children of the of age. I also dedicate time to pray for the peal for money from the NRA! I can’t say world! A change has to be made right safe trip, and return, to their families during which made me sicker. I will go to Denver NOW!’’—Lisa Southern, Temple Hills, MD your speaking out. Since this is for mothers, and march there for safe, sane gun control! ‘‘Come on ladies, put your money where I still want to show my support.’’—Greg, COMBINED our voices will mean some- your mouth is, and support this cause. Every Redford, MI thing!’’—Vanessa Woodford, Dillon, CO Body counts in DC. Make the decision to get ‘‘Mothers need to stand up to the greedy ‘‘How many children must die before this to there, no matter what it takes, instead of legislators beholden to the NRA. It’s time to country decides to take action?? I think it is thinking about it.’’—My kid’s Mom, say ‘‘No More’’ to the senseless slaughter of in the hands of mothers to take up this cause Montclair, NJ our children and our nation. We are far from and protect our children. Look at the ‘‘My father was murdered outside his place powerless. They don’t get elected without changes that MADD was able to bring about! of business last January. Everyday I look at the woman’s vote. We are the nurturers that Let’s do the same with gun control!’’—Karen, my two-year-old son and wonder how some- give life, not take it away. Whether a mother Simsbury, CT day I will try to explain to him the horror is a Christian Conservative Republican or a ‘‘I thought for a long time about all the that stole away my innocence about gun vio- Liberal Democrat, she cannot be worthy of reasons that I’m involved in the MMM. But lence forever. It’s time to raise our voices that most revered title unless her first pri- the one that resinates the loudest is GRATI- against this insanity. . . . NOW!’’—Rabbi ority is to protect America’s children.’’— TUDE. My son and daughter both graduated Joel Mosbacher, Atlanta, GA Patti DiTuri, Marietta, GA from High School in 95’. And although I in no ‘‘How many children have to die in this ‘‘I do not understand why legislators, who way believe that they are free from the dan- country before congress takes action? I sin- have their own children and grandchildren, gers of gun violence, I am profoundly grate- cerely believe that if the majority of this are reluctant to require safety locks on guns! ful that they survived that stage of their body of elected representatives were women Think how many lives that would save when lives. I recently read a quote by Anne Mor- that this problem would have been addressed unwitting children find guns in the house! I row Lindbergh that says, ‘‘One can never pay long, long ago.’’—Melanie Fernandez, Dun- will carefully scrutinize all candidates in in gratitude; one can only pay in kind some- edin, FL this election year 2000 to determine their where else in life.’’ I moved to Littleton al- ‘‘On November 30th, 1999 the husband of my stand on safety and guns. I urge everyone most two years ago and this is my ‘‘some- cousin Barbara shot and killed her and their who reads this site to do so too! If we can where else in life’’.—Carmelita Garcia- 13-year-old daughter in cold blood, with a le- save just one child from being killed by an- Konrad, Littleton, CO gally owned handgun. Enough is enough. No other child, we will have accomplished ‘‘Our children look to their parents for pro- more deaths. Take the toys away from the much!’’—Ina Burwasser, Elkins Park, PA tection. What are we suppose to tell them boys.’’—Nicole Whitman, Queens, NYC, NY ‘‘My husband is a gun owner and a member when we can’t? Who are we suppose to go to ‘‘A persons right to own a gun does not of the NRA, but even he agrees that there is for help? It is the job of EVERY citizen in supercede a childs right to live.’’—Gloria nothing unreasonable about trigger locks this country and EVERY government official Michalski, Hammond, IN and background checks. My daughter is 2 to make sure our children are safe. Stricter ‘‘My 8 month old son has become my life’s years old and i fear for the day that I have gun laws are only meant to do ONE inspiration. When he was born, my mother

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.102 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2485 said to me ‘‘Los quieren tantos que ni (Mr. BURTON of Indiana addressed This Congress must take every reasonable quieres que el viento les pegue.’’ Translation: the House. His remarks will appear step to make fire protection of the Capitol You love them so much that you don’t even hereafter in the Extensions of Re- complex and its occupants a top priority. To want the wind to hit them.’’ She was right. On marks) Mother’s Day 2000 I will march with my assist the Architect in fulfilling his responsibil- mother and my three sisters, along with our f ities in this area, and to enhance the status of husbands and children to say to Congress The SPEAKER pro tempore. Under a fire-safety and protection efforts, out bill will ‘‘Ya Basta! Enough is enough!’’ There is no previous order of the House, the gen- create within the Architect's office the position love like that of a mother, and our passion tleman from Washington (Mr. of Director of fire Safety and Protection. Re- will be our ‘‘weapon’’ against intransigent porting directly to the Architect, The Director purveyors of violence and destruction.’’— METCALF) is recognized for 5 minutes. (Mr. METCALF addressed the House. will coordinate and take charge of fire-protec- Victoria R. Ballesteros, Los Angeles, CA tion activities and work to bring the Capitol ‘‘This fight has been going on silently for His remarks will appear hereafter in far too long. The focus has gone away from the Extensions of Remarks.) complex into compliance with the applicable codes and standards established by the pres- childrens safety to politics. I am honored to f be a part of the million mom march and do tigious National Fire Protection Association. so because, as the mother of four children The SPEAKER pro tempore. Under a The work of the NFPA acknowledges the dif- (ages 15 to 1) it is my responsibility to do ev- previous order of the House, the gentle- ficulties associated with protecting historic erything within my power to ensure a safe woman from Michigan (Ms. STABENOW) buildings like the Capitol from fire, and our bill future for them and their families. Millions is recognized for 5 minutes. provides the Architect the flexibility he needs of us will be unstoppable.’’—Jacquie Cofer, (Ms. STABENOW addressed the to preserve the Capitol's historic character. Jupiter, FL House. Her remarks will appear here- The measure requires the Architect to report ‘‘I am petrified every day that my children after in the Extensions of Remarks.) leave our home to go to school because in regularly to key House and Senate commit- Louisiana EVERYONE (but us, it seems) has f tees on his fire-safety and protection efforts. guns and hunts. My older son tells me that The SPEAKER pro tempore. Under a Mr. Speaker, there are doubtless several all of the kids in his 6th grade class hunt previous order of the House, the gen- reasons progress on fire protection of the with guns. I am not ok with that as a mom tleman from North Carolina (Mr. Capitol complex has not been more rapid, but or as an American. JONES) is recognized for 5 minutes. the simple reason is that the subject has not Responsible gun laws means waiting peri- received sufficient attention. By creating a ods, limits on sale AND limits on the ages of Mr. JONES of North Carolina ad- those using them. NO CHILD SHOULD USE dressed the House. His remarks will ap- high-level official within the Architect's office to A GUN. Any parent who says they want to pear hereafter in the Extensions of Re- carry out all fire-safety duties, this bill will cor- teach correct use of guns to a child is asking marks.) rect that problem, expedite progress, and for trouble and putting my child at risk. I make clear that Congress is serious about f am with MMM 100% as a woman, mom, so- protecting the complex and its occupants from cial worker, and human being!’’—Barbara INTRODUCTION OF THE U.S. CAP- fire. I urge my colleagues to support this im- Pierce, Natchitoches, LA ITOL FIRE PROTECTION ACT OF portant measure. ‘‘A close friend of mine once found a little boy that had been accidentally shot in the 2000 f head by a friends’ dads’ gun. To this day she The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a will never in a million years forget what it previous order of the House, the gen- previous order of the House, the gen- felt like to have that little boy tug and pull tleman from Maryland (Mr. HOYER) is tleman from Illinois (Mr. DAVIS) is rec- at her shirt during his last few moments recognized for 5 minutes. ognized for 5 minutes. alive. Had there been a trigger-lock on that (Mr. DAVIS of Illinois addressed the firearm his life could’ve been saved. . . . As Mr. HOYER. Mr. Speaker, as the Twenty- well as so many others . . .’’—Angelique, Im- first century dawns, fire remains a serious House. His remarks will appear here- perial Beach, CA threat to life and property, especially for the after in the Extensions of Remarks.) ‘‘As a physician assistant, I have had U.S. Capitol, House and Senate office build- f ample opportunity to see just what a bullet, ings, the Library of Congress, and their occu- fired by a gun, does to human flesh. Believe pants and visitors. Today, with the gentleman LACK OF PRESCRIPTION DRUG IN- me, it is thoroughly disgusting, wholly ob- from Pennsylvania (Mr. WELDON), co-chair of SURANCE COVERAGE IN MEDI- scene, sinful. Now, relate that description to the Congressional Fire Caucus, and the gen- CARE, AN INTOLERABLE SITUA- the body of a child. Lastly, think of your TION IN AMERICA TODAY own child . . . tleman from New Jersey (Mr. ANDREWS), I am Do you still want to do nothing?’’—Patri- introducing a bill intended to enhance fire pro- The SPEAKER pro tempore. Under a cia Hoppen, Saugerties, NY tection of the United States Capitol complex previous order of the House, the gen- ‘‘At 16 years old I was shot while baby- and the safety of the thousands who work in tleman from California (Mr. FILNER) is sitting and suffered permanent damage to or visit the complex every day. recognized for 5 minutes. my wrist. Now that I have a one month old No one can deny that the Architect of the Mr. FILNER. Mr. Speaker, I rise son I want to insure that he, or any other Capitol, the official responsible for operation today to discuss an intolerable situa- child, doesn’t suffer as I did.’’—Carol, Alpharetta, GA and maintenance of the complex, has taken tion in America today, the lack of pre- ‘‘We have been quiet for too long. I’m tired steps to improve fire safety on Capitol Hill. scription drug insurance coverage in of watching the NRA dictate arms control. I However, recent reports warn that much work our Medicare program. Seniors are think there are more of us than them, and remains in order to make these buildings safe. simply not receiving the prescription we need to get more vocal about it.’’—Steph- A December 1998 report by the House In- drug coverage that they so desperately anie, NY spector General found the condition of need. Prescription drugs did not play a ‘‘As a former ER nurse, never once did I see House's fire-protection systems, such as significant role in health care when a robber shot by a home owner! All of the alarms and sprinklers, to be ``deficient.'' A fol- Medicare was created back in 1965, but shootings were by people who knew each other.’’—Ivy, PA low-up report just issued by the Inspector today the advances in pharmaceuticals General warns that the AOC continues to take have made prescription drugs a funda- f a ``haphazard approach'' to fire protection mental part of the typical senior’s SPECIAL ORDERS throughout the House complex. health care. A January 2000 complex-wide inspection by While seniors represent only 12 per- The SPEAKER pro tempore. Under the Office of Compliance identified numerous cent of the population, they account the Speaker’s announced policy of Jan- violations of occupational safety and health for more than one-third, more than uary 6, 1999, and under a previous order standards made applicable to the Congress by one-third, Mr. Speaker, of the prescrip- of the House, the following Members the 1995 Congressional Accountability Act. tion drugs used in our country each will be recognized for 5 minutes each. The Compliance Office subsequently issued year. f eight citations requiring corrective actions, in- b The SPEAKER pro tempore. Under a cluding two requiring prompt implementation of 1630 previous order of the House, the gen- a program of inspection, testing and mainte- The typical American who is 65 or tleman from Indiana (Mr. BURTON) is nance for key fire-protection systems and older uses 18 prescription drugs a year, recognized for 5 minutes. equipment. and 85 percent of the beneficiaries of

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.104 pfrm01 PsN: H03PT1 H2486 CONGRESSIONAL RECORD — HOUSE May 3, 2000 Medicare fill at least one prescription immunizations they need by the time ies to support a complex array of proper year for such conditions as they are 2 years old. In Houston, we grams and activities, including imple- osteoporosis, hypertension, heart at- share seven Members of Congress in mentation of registries, community tacks, diabetes, or depression. It is ob- Houston, and that is my district, over outreach, management of vaccines, vious, Mr. Speaker, that the need is 44 percent of our children do not re- quality assurance services, and surveil- there for prescription drug coverage. ceive one or more of the immuniza- lance and outbreak control. We must defend the seniors of Amer- tions. Over 44 percent of the children As this chart of funds illustrates, in- ica from the rising costs of medicine, receive less than one or more of their frastructure funds have reduced rather which monthly worsens the situation immunizations. dramatically in the last 5 years, from for those without prescription drug I am introducing two bills that will $271 million in 1995, to $139 million coverage. The price for the 50 drugs help correct this situation. The first is today. That is a 40 percent decrease in most commonly used by seniors in- the sense of Congress that calls for in- funds for infrastructure immunization. creased at nearly twice the rate of increase in funding to crucial State im- Yet the need for outreach and registry flation last year. The prices for pre- munization infrastructure programs. and infrastructure development is scription drugs rose faster than any The second bill, the Comprehensive In- greater today than it was in 1995. other category of health care, increas- surance Coverage of Childhood Immu- If you have not heard from your ing by more than 15 percent, while nization Act, will require health plans State health director on this issue, you total health care costs rose by less to begin providing immunizations to will. Cuts in infrastructure funding than 6 percent. children as a covered benefit. have meant different things in dif- In my San Diego Congressional Dis- America’s children need our help. In ferent States. In Florida, for example, trict on the United States-Mexico bor- recent months, some have questioned the State reports that it has reduced der, thousands of our citizens are why vaccines are needed at all. Some surveys on pockets of need and has re- forced to cross the international border have linked them to adverse effects, duced monitoring due to lack of ade- to find the drugs they need at a much such as autism. While there is no sci- quate staffing. The State has reduced lower cost. Why is such a trip nec- entific link between immunizations community outreach staffs and reduced essary for American citizens? How can and autism, and I will repeat, no sci- the number of reminder cards it sends. Florida has also reduced its school- seniors find the money that they need entific link between immunization and based immunization clinics and has to purchase these vital drugs? Many autism, I support efforts to completely had to cut back on efforts at day care are on fixed incomes. Many do not have and thoroughly research this issue to centers. the choice of a high paying job with put the minds of parents at rest. We should not lose our focus, how- In California, where infrastructure good private medical plans. funds have been reduced from $27 mil- Think about your parents; think ever, on the huge health gains that have resulted from immunizations. The lion in 1997 to $14.9 million in 1999, only about your grandparents. We are forc- 35 percent of children have been vac- ing them to choose between food on the Centers for Disease Control list vaccinations for children as the number cinated against chicken pox, and the one hand and essential prescription State has no system to monitor chick- drugs that protect their quality of life one public health achievement of the last century. Before we had the small- en pox cases. on the other. Mr. Speaker, this is a In California, a targeted immuniza- pox vaccine, 48,000 Americans per year choice that no American should have tion information campaign aimed at had this disease; 1,528 died. Before we to make. Latino, African and American South- The President has proposed a plan had a measles vaccine, close to one- east Asian families has been elimi- that would extend prescription drug half million children a year got this nated. coverage to all seniors, provide lower disease, and over 400 died. Before we The need for increased infrastructure premiums for Medicare beneficiaries had the mumps vaccine, close to 150,000 funding is particularly important in and contain the rising costs of pharma- died each year of this disease. Before light of a recent journal of the Amer- ceuticals. Let us work together to we had diphtheria vaccination, over ican Medical Association showing that make life-saving prescription drugs 175,000 children got sick each year. 50 percent of America’s children are ei- available to all of America’s seniors. None of these diseases have been ther over- or under-vaccinated. eliminated. Only smallpox has been f Mr. Speaker, the JAMA study shows that eradicated. An epidemic of 21% of toddlers received at least one extra The SPEAKER pro tempore (Mr. MIL- unvaccinated children is entirely pos- LER of Florida). Under a previous order immunization while 31% missed at least one. sible, as we saw with measles in 1989. In other words, over 50% of American children of the House, the gentleman from New Children still die of the measles, York (Mr. NADLER) is recognized for 5 are receiving too few or too many vaccina- mumps, rubella, and whooping cough. tions. We should do a better job of tracking minutes. These are dangerous and harmful, pain- (Mr. NADLER addressed the House. these children. ful and sometimes fatal diseases. Mea- A Section 317 funding increase is supported His remarks will appear hereafter in sles can lead to seizures and death. the Extensions of Remarks). by: the American Academy of Family Physi- Mumps can lead to deafness. Polio cians, the American Academy of Pediatrics, f causes paralysis that can lead to per- and the American Public Health Association. manent disability and death. Diph- The increase is also supported by the Asso- ENSURING THAT CHILDREN theria can result in coma and death. RECEIVE NEEDED IMMUNIZATIONS ciation of Maternal and Child Health Pro- Whooping cough can result in death for grams, Every Child by Two, the Association of The SPEAKER pro tempore. Under a infants. State and Territorial Health Officials and the previous order of the House, the gen- Providing access to lifesaving vac- Association of County and City Health Offi- tleman from Texas (Mr. GREEN) is rec- cines should be one of our Nation’s top cials. ognized for 5 minutes. priorities. Tracking children who have My second legislative initiative, the Com- Mr. GREEN of Texas. Mr. Speaker, not been vaccinated, in order to pre- prehensive Insurance Coverage of Childhood most Americans are surprised to learn vent future outbreaks, should be an- Immunization Act of 2000, requires all health that in some States one in four chil- other priority. plans governed by the Employee Retirement dren are not receiving the immuniza- To meet these goals, the sense of Income Security Act (ERISA) to provide cov- tions they need to prevent disease and Congress resolution I have introduced erage of immunizations for children 18 years death. Yet despite gains in recent with my friend and colleague, the gen- old and younger. years, we are still not doing enough to tleman from Pennsylvania (Mr. GREEN- The vaccines required to be covered are make sure that children get the right WOOD), calls for an increase in Federal those recommended by CDC's Recommended immunizations when they need them. funds to the Public Health Service’s Childhood Immunization Schedule, issued pe- As this chart shows, in some States, Section 317 infrastructure program. A riodically by the CDC's Advisory Committee on like my home State of Texas, Michi- similar resolution was approved by the Immunization Practices. gan, and Nevada one in four children Senate Budget Committee in March. This schedule is approved by the American are not receiving one or more of the These funds are used by States and cit- Academy of Pediatrics and others and serves

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00074 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.137 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2487 as the standard for immunization in the United that is billion with a ‘‘B,’’ from $100 tus, trading privileges for China vote, States. Plans may not charge any payment for million in 11 years to $70 billion trade than at any time during the year. Cor- the immunizations or vaccines. And vaccines deficit with China. porations understand. They tell us that must be made available to children as soon as We sell only $15 billion worth of China has 1.2 billion potential con- they are approved by the Advisory Committee. goods to China every year. We buy $85 sumers, that America needs to sell to Beginning for plan years in 2001, ERISA billion worth of goods from China. We them. What they really mean to say is governed health plans must provide the ben- sell more to Singapore, we sell more to China has 1.2 billion workers, invest- efit. Taiwan, we sell more to Belgium, than ments made from American companies, For plans that are negotiated as part of a we do to China, because China’s mar- in China, people making 13 cents and 15 collective bargaining agreement, the effective kets are closed to American products cents and 20 cents an hour, working 60 date is delayed until plan years following the by and large. In fact, those products we and 70 and 75 hours a week, selling termination date of the current underlying col- sell to those countries, Belgium, Tai- products back to the United States, ex- lective bargaining agreement. wan, Singapore, those are countries ploiting Chinese workers and costing The adoption of collectively bargained plan with about 1⁄50 the population of the American jobs. amendments made solely in order to comply People’s Republic of China. Most favored nation status privilege with the new requirements will not affect the This process of engagement and giv- is permanent. MTR for China is a bad timing of the effective date under this special ing them most favored nation status idea. I ask this Congress to defeat it. rule. and giving China trade privileges sim- f Why is federal legislation needed? The fed- ply has not worked. Other conditions eral government gives this benefit to its own have worsened. The trade deficit, as I COMMUNICATION FROM DISTRICT workers: it requires plans that contract with the said, went from $100 million to $70 bil- DIRECTOR OF HON. ROGER F. Office of Personnel Management to provide lion in 11 years. WICKER, MEMBER OF CONGRESS immunizations for children as a covered ben- Other conditions, child labor has The SPEAKER pro tempore laid be- efit. worsened, slave labor conditions in fore the House the following commu- Many states have recognized the impor- China have worsened. We continue to nication from Harold Lollar, Jr., Dis- tance of covering vaccines. Twenty-four give them trade advantages. They an- trict Director of the Honorable ROGER states, including Texas, have enacted laws to swer by continuing their thumb in the F. WICKER, Member of Congress: require state-regulated plans to provide vac- eye of the values that we hold dear. CONGRESS OF THE UNITED STATES, cines. The Chinese communist party per- HOUSE OF REPRESENTATIVES, How big is the problem? A March, 2000 Wil- secutes Christians and Buddhists and Washington, DC, April 27, 2000. liam M. Mercer survey done for the non-profit Muslims, not to mention their indige- Hon. DENNIS J. HASTERT, Partnership for Prevention showed that nearly nous religious organizations such as Speaker, House of Representatives, Washington, one in five employer-sponsored plans do not the Falun Gong. The Chinese govern- DC. cover immunizations for infants and children. ment winks at, sometimes even encour- DEAR MR. SPEAKER: This is to formally no- ages, forced abortions, something that tify you, pursuant to Rule VIII of the Rules Nearly one in four children in Preferred Pro- of the House of Representatives, that I have vider Organizations (PPO) and Indemnity almost every country in the world, been served with a civil trial subpoena for plans do not have coverage for immunizations. probably every country in the world, testimony issued by the U.S. District Court The Comprehensive Insurance Coverage of finds absolutely abhorrent. for the Northern District of Mississippi. Childhood Immunization Act of 2000 is en- Today, China continues its assault on After consultation with the Office of Gen- dorsed by the American Medical Association, Taiwan. A few years ago, I believe 3 eral Counsel, I have determined that compli- the American Academy of Pediatrics and oth- years ago when Taiwan held the first ance with the subpoena is consistent with ers. free elections in Chinese history, the the precedents and privileges of the House. Sincerely, It, and our Sense of the Congress resolu- People’s Republic of China sent mis- HAROLD LOLLAR, Jr., tion, will improve the health of millions of siles into the Straits of Taiwan to warn District Director. them against democracy. Today, as American children is a cost-effective manner. f For each dollar we spend on vaccines we Taiwan begins a new era where their save twenty-four dollars in future health costs. first native Taiwanese will be inaugu- COMMUNICATION FROM HON. SAM That's a good investment. rated president later this month, the FARR, MEMBER OF CONGRESS I urge my colleagues to support these two Chinese again are threatening military The SPEAKER pro tempore laid be- bills and I yield back the balance of my time. maneuvers on the east coast of China. fore the House the following commu- If we let China in the World Trade f nication from the Honorable SAM Organization with full trading privi- FARR, Member of Congress: DENY PERMANENT MOST FA- leges, as the Republican leadership and VORED NATION STATUS FOR the President here wants to do, what is CONGRESS OF THE UNITED STATES, CHINA HOUSE OF REPRESENTATIVES, to stop China from doing even more to Washington, DC, May 1, 2000. The SPEAKER pro tempore. Under a Taiwan? They will not have any check Hon. DENNIS J. HASTERT, previous order of the House, the gen- on their behavior. Speaker, House of Representatives, Washington, tleman from Ohio (Mr. BROWN) is rec- Perhaps the most insidious part of DC. ognized for 5 minutes. this whole debate is how American cor- DEAR MR. SPEAKER: This is to notify you Mr. BROWN of Ohio. Mr. Speaker, in porations have lined up on behalf of the formally, pursuant to Rule VIII of the Rules 3 weeks the Republican leadership will Communist party dictatorship. The of the House of Representatives, that the ask this body to vote for permanent CEOs of the largest businesses in Custodian of Records in my office, the Office most favored nation status trading of Representative Sam Farr, has been served America, the most prominent corpora- with a subpoena for production of documents privileges for the People’s Republic of tions in America, are walking the halls issued by the United States District Court China. They tell us engagement with of Congress today and all the House for the Northern District of California. China, that more trade with China, and Senate office buildings imploring After consultation with the Office of Gen- that giving trade advantages to China, Members of Congress to vote to support eral Counsel, we will make the determina- will make everything better. It all the People’s Republic of China, to sup- tions required by Rule VIII. started back about a dozen years ago port most favored nation status trad- Sincerely, with Ronald Reagan, then President ing privileges for China. SAM FARR, Member of Congress. George Bush and President Bill Clin- Wei Jing Sheng, a Chinese dissident, ton, telling us that things would get said the vanguard of the Chinese Com- f better with China. munist Party revolution in the United b 1645 Eleven years ago the United States States is America’s most prominent had a $100 million trade deficit, with an and prestigious CEOs. PATIENTS’ BILL OF RIGHTS: IS IT ‘‘M,’’ with Communist China, the Peo- There are more corporate jets at Na- NECESSARY LEGISLATION? ple’s Republic of China. Today that tional Airport today, leading up to the The SPEAKER pro tempore (Mr. MIL- trade deficit has grown to $70 billion, MFN vote, the most favored nation sta- LER of Florida). Under a previous order

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.105 pfrm01 PsN: H03PT1 H2488 CONGRESSIONAL RECORD — HOUSE May 3, 2000 of the House, the gentleman from Flor- lation requires an internal appeals sylvania (Mr. GREENWOOD) is recog- ida (Mr. STEARNS) is recognized for 5 process that follows precise, regulatory nized for 60 minutes as the designee of minutes. details on each and every procedure. the majority leader. Mr. STEARNS. Mr. Speaker, I am It further requires a provision of ex- Mr. GREENWOOD. Mr. Speaker, this here this afternoon to talk about the ternal appeals of decisions made in the evening some of my colleagues from Patients’ Bill of Rights. Is this legisla- internal appeals process. The external the Committee on Commerce, as well tion necessary? The issue of whether or appeal requires that the plan contract as from the Committee on Ways and not Americans enrolled in HMOs, with an entity that is directly or indi- Means, are going to spend the next health maintenance organizations, rectly certified by the Department of hour talking about a subject that is need passage of the patient protection Health and Human Services, or the De- the subject of a lot of talk lately, and in order to sue their plans is currently partment of Labor. So there we have it. that is usually a good sign, because in conference here in Congress. We have both of these large agencies right before the Congress gets around Today, I would like to call my col- involved in conducting the reviews. I to legislating, the level of rhetoric leagues’ attention to a study by John think this arrangement can lead to a picks up and the amount of speeches on S. Hoff. Mr. Hoff wrote this study for situation in which the final determina- the floor increases. So I think we are the Heritage Foundation, and he out- tion of what is covered by a plan is getting actually very close to the point lined some very compelling arguments made by an entity certified, regulated, where we will, in fact, enact a prescrip- about why passage of this legislation and answerable only to the United tion drug benefit for Medicare. would result in more government con- States Government. In 1965, when Medicare was created, trol of our health care system. Mr. Speaker, the proposed legislation it was a big step in the American It is interesting that we are having also leads to Federal intrusion into the health care history. Prior to that time, this debate, because, Mr. Speaker, I physician-plan relationship. Under the if one is a retiree, if one was elderly or think the majority of Americans al- Patients’ Bill of Rights, provisions of if one was disabled and one could not ready made clear their views on more contracts between plans and health afford their own health care, they did regulation for health care when the care providers are void if they restrict not have any. So in 1965, the Congress Clinton health care bill was over- or have the effect of restricting the of the United States, in a historic mo- whelmingly rejected. provider’s ability to advise a patient ment, decided to provide Medicare cov- The Heritage Foundation Back- about their health status or medical erage for the elderly and ultimately for grounder N1350 concludes that in- treatment. The legislation further in- the disabled, and then what it covered creased regulation, plus increased liti- trudes by precluding a plan from dis- was that which is most obvious, hos- gation will equal rising costs in health criminating with respect to participa- pitalization and visits to physicians. care and, ultimately, more uninsured tion by providers or in payment to No one really gave serious consider- Americans. The gentleman from Iowa them on the basis of license or certifi- ation in 1965 to extending that Medi- (Mr. GANSKE), my good friend and col- cation under State law. care benefit to prescription drugs, for a league, has been very critical of this Let us take another item. I men- couple of reasons. study and did a Special Order to refute tioned earlier increased litigation. In Number one, it was a huge step to do the analysis of this health bill. I am addition to the increased burdens of what the Congress did in 1965 in pro- not here to comment on his presen- regulation, this Patients’ Bill of Rights viding coverage for hospitalization and tation; but my purpose is, more impor- in conference is talking about in- physicians; and, secondly, Americans tantly, to talk about Mr. Hoff’s anal- creased litigation. Each of the many were not relying upon prescription ysis and why Mr. Hoff’s analysis, I regulations contemplated by the legis- drugs anything like they are today. think, has credible evidence. So I am lation will create legal rights that Today, we are blessed as a Nation, and here to merely present the other side of could be causes of action. indeed as a world by an industry that the argument that opposes imposing In addition to an increasing number of ac- has created miracle drug after miracle further Federal Government regulations that plans may be liable, the legislation drug; wonderful, brilliant scientists in tions on health care plans and delivery opens up employers themselves to the possi- laboratories who have cracked the of health care. bility of being sued for damages resulting from mysteries of the human genome, who So according to Mr. Hoff, let us take denial of coverage. While the bill purports to have cracked the mysteries of the each of the major items. He believes protect employers if they refrain from the exer- human body physiology to the point the Patients’ Bill of Rights, in concise of discretionary authority to make a deci- where we can prescribe and create ference as we speak, increases regula- sion on a claim for benefits, courts have been drugs for a variety of illnesses that tion. If passed, it would impose de- willing and creative in finding ways around used to not only cause great pain and tailed regulations by the Federal Gov- similar provisions. suffering, but premature death. Today, ernment on health care plans and the Defenders of the legislation point to provi- if one does not have access in the year delivery of health care. The question sions which limit litigation. These provisions, 2000, if one does not have access to a is, does anyone in this House think however, apply to actions brought under good prescription drug benefit plan, passing more government legislation ERISA claims only; they do not apply to state one simply does not have good access will decrease the Government’s in- tort actions. Tort claims under state law may to good health care. So the Congress of volvement? In fact, I think most of us, result in ``malpractice-type'' lawsuits with large the United States, although it has been every time we pass legislation that is jury awards awarded to sympathetic victims of talking for years about the need to pro- going to increase government involve- faceless insurance companies. vide this coverage, has heretofore, so ment, there is going to be more regula- Effect of increased regulation and litigation: far, not accomplished that. tion. I think the regulation, as Mr. According to the CBO, the House bill would in- Why can we do it today and why are Hoff pointed out, is pervasive in this crease health insurance premiums by 4.1 per- we talking seriously about it today? bill. cent. This increase may lead to more than 1.2 We are talking about it today because For example, private health plans million Americans losing employer-based the Congress, in fact, since the Repub- normally evaluate medical services, health coverage. In addition to rising costs, the licans have taken over the majority of treatments and procedures. Under the threat of malpractice suits and the exposure of the Congress, have taken the necessary Patients’ Bill of Rights, however, man- employers to liability could lead to millions fiscal steps to end the endless deficit aged care plans and fee-for-service more Americans joining the ranks of the unin- spending that our Nation was experi- plans are allowed to conduct such utili- sured. encing for so many years. We have bal- zation reviews only, only as specified f anced the budget. We have reformed by the Federal Government. The time Medicare itself to bring the costs into allotted for a decision and the status of ENACTING PRESCRIPTION DRUG a reasonable level. We have reformed those making a decision are two exam- BENEFITS FOR MEDICARE welfare, and we are going to save some- ples of such specifications. Further reg- The SPEAKER pro tempore. Under thing on the order of $55 billion, or ulation involves an appeals process for the Speaker’s announced policy of Jan- probably $200 billion over the next 5 denial of coverage. The proposed legis- uary 6, 1999, the gentleman from Penn- years in welfare costs alone. We have

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.143 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2489 taken just this year, just in the last oxymoron. We cannot have good med- $2,000 line out, then it is clear that 80 several months, we have taken Social ical care if we cannot buy prescription percent of seniors do not have more Security finally off budget. We have drugs that both cure illness now and than $2,000 in drug costs. said that no longer will we spend the manage long-term, chronic illnesses; b 1700 Social Security surplus on a host of really, as Americans, live longer. This other causes, but, in fact, we will use issue of managing chronic illness is And the great majority have a lot Social Security payments only for So- going to become a bigger and bigger less than that, and about 90 percent do cial Security and the rest of the sur- issue and a more important one in our not have more than $4,000 in drug costs. plus will be used to pay down debt; and lives, and management of chronic ill- So we need to help that group, but we we are now paying down the Nation’s ness is primarily a medication-based need to really also think about the debt. science. number that have very high drug costs. So finally, now that the budget is We do have another chart here on the Because, frankly, my fear is that that balanced, now that we are paying down floor that I think is helpful in helping number is going to grow as we develop debt, now that we have a surplus, we us discuss the problem of prescription the kind of sophisticated drugs we need are in a position to responsibly, to re- drugs, because there is one very signifi- to cure cancer, to cure some of the dif- sponsibly provide a prescription drug cant difference between the President’s ficult diseases that haunt our elder benefit for Medicare for the Nation’s proposal in this area and the Repub- years, prevent Alzheimer’s, those kinds elderly and for the disabled. About licans’ proposal, the House Repub- of solutions. And it is very possible two-thirds of the Medicare population licans’ proposal. That is, if one looks that at least for a year or two at a already has access to some kind of pre- there at the far end where the line goes time, many seniors are going to be scription drug benefit, but a fully one- way up, then one will see that for a faced with $10,000, $12,000, $14,000 drug third does not, and those are dispropor- small number of seniors, about 15 per- costs. So catastrophic coverage is abso- tionately low-income individuals. cent of seniors, 20 percent, the drug lutely an essential part of a prescrip- What are our goals in doing this? costs are extremely high, $6,000; $8,000; tion drug program. Number one, we do want to provide af- $10,000; $11,000 a year. People on fixed Some people say to me, Why can we fordable coverage to every American incomes, I mean the great majority, 85, not have the government pay all of our who is a Medicare beneficiary by virtue 95, 99 percent of people on fixed in- drug costs, just like they pay all but 20 of their age or their disability. Sec- comes cannot handle $12,000; $11,000 in percent of office visits, all but the first ondly, we want to do that in a way that prescription drug costs a year. day of hospital coverage? The answer does not break the bank all over again. So we need to look at two things. to that, basically, is sadly very simple. We do not want to create a runaway First of all, we do need to look at pro- It would bankrupt the Medicare pro- spending program that is unregulated tecting all seniors from catastrophic gram. And if we added all that spend- and causes the Federal Government to costs, from those very high drug costs ing on top of the current program, the go back into the bad old days of deficit often that follow remarkable life- younger generation would be spending spending and budgets in the red. saving, life-preserving, quality-of-life- more than half of their tax dollars on Thirdly, we want to reduce the cost restoring cardiac surgery, cardiac sur- people over 65. It is simply sad but of prescription drugs for everyone who gical procedures that we are now capa- true. is now paying the highest price. And ble of. So those very high-end drug Sometimes my colleagues do not like today, if one does not have a prescrip- costs, we need to protect our seniors me to say that, but right now, 35 per- tion drug plan and a doctor provides a against them. We also need to help cent of all Federal spending goes to prescription, one walks into a phar- those seniors that have the lowest in- people over 65. So that means that our macy and they pay the highest price comes, to have a prescription drug ben- child, if we are a grandparent, our child that anybody pays in the world, you efit without facing the choice of food in the tax force, all of their tax money may if you are all alone in the market- on the table, of decent shelter, and going to Washington, one-third is going place and do not have anyone to bar- drugs; and one can see on this chart to subsidize the lifestyle of people over gain for you. that the poorer beneficiaries who are 65. If we do nothing, do not add pre- Finally, we do want to make sure under the current system are very scription drugs, that will be up to 45 that when we have accomplished this, much less likely to have drug coverage percent in 10 years. And very soon that the industries, the pharmaceutical than, of course, our more affluent sen- thereafter, if we add prescription drugs companies and their brilliant sci- iors. It is sort of a no-brainer, but the in with no participation from seniors, entists, the biological industry that is chart does show it. then over 50 percent of all of our tax doing so much to create new miracle So it is very important that that 37 dollars will be allocated to people over cures will be vital enough to continue percent that are living on less than 65. to provide those products for us into $10,000 a year have not only the pro- Frankly, we will not be able to pro- the next generation, the drugs that gram available, but the premium cov- vide the public education our children will eventually cure cancer, that will erage, the premium subsidies that they need. We will not be able to provide the cure AIDS and so many other ailments. would need to have the drug coverage seaports, the air traffic control system, Mr. Speaker, I am joined this evening that is so critical, not only to their re- the highways that our economy de- first off by a colleague from the Com- covery from illness, but to their qual- pends on. mittee on Ways and Means who is ity of life in living with chronic dis- So most seniors I know would not working on a joint task force that the ease. want that to happen. And, furthermore, Speaker has put together, drawing on So our goal is both to provide pre- many seniors I know have better drug members of the Committee on Com- scription drug and total coverage, 100 benefit programs than Medicare could merce on which I serve and the Com- percent coverage for low-income sen- ever provide. mittee on Ways and Means, the distin- iors, but also to protect 100 percent of Mr. GREENWOOD. Mr. Speaker, if guished gentlewoman from Con- all seniors from catastrophic drug the gentlewoman would yield briefly on necticut (Mrs. JOHNSON), who is an ex- costs. And then to create, for those that point, the question is why should pert on health care, and I yield the seniors in between, affordable, insured the Congress not just say to every re- floor to her. drug policies that will guarantee that tiree, everyone on Medicare, every ben- Mrs. JOHNSON of Connecticut. Mr. they will be able to have the drugs that eficiary: we will pay 100 percent of all Speaker, it is a pleasure to be with my are so critical to the quality of their of your prescription drugs benefits. The colleague tonight to discuss the issue lives. answer is, in part as you said, the of Medicare covering prescription Just to go back to the preceding younger generation asked to pay that drugs. It is extremely important that chart for a minute, we can see from bill would be wiped out. we change the law so that Medicare that that the great majority of seniors But, secondly, two out of three sen- will cover prescription drugs, because do not spend more than $2,000 on drugs; iors today already have a prescription modern medicine, modern medical and 80 percent, if we follow that line drug benefit, many of them provided by care, without medicines, is an out, if my colleague will follow that their former employer. As I travel to

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.144 pfrm01 PsN: H03PT1 H2490 CONGRESSIONAL RECORD — HOUSE May 3, 2000 the senior centers around my district I drugs, but you have to be part of this How do we do this? First off we want say, How many of you already have management protocol. Through that to make sure that that insurance pre- some kind of a prescription drug ben- protocol, they cannot just follow the mium is affordable for middle-class efit? And there is a show of hands. How doctor’s orders to take the medicine. Americans. And as we look at this many of you receive them from your They have to follow the doctor’s orders chart, again, insurance companies have former employer? And a goodly number to exercise. They to follow the doctor’s been reluctant to provide affordable of hands go up. Usually, it is either the orders to lose weight. But they are drug-only plans because of this end big Fortune 500 companies that were going to have help. They are going to over here, because of that high end of able to provide these generous benefits, have allies, and these programs that the chart. Because they can sell a pre- or they worked for a governmental en- are providing allies to people are see- scription plan tomorrow and the next tity, a school district or a State or the ing people stopping smoking, not just day a brand-new drug comes out that Federal Government. for a month, not just for 2 months, but costs a $1,000 or $2,000 or $3,000 a If we moved in and started to pay all permanently. Changing their lifestyle. month; and it comes onto the market, the prescription drugs, employers So then, of course, the medicine does and now the insurance company is los- would drop that coverage like a rock much better. The person does much ing money hand over fist. and all of a sudden the two-thirds of better. So if we do everything our doc- What we have said in our plan is we the seniors who already have a benefit, tor says, we lose weight, exercise, and will stop the loss at somewhere in this albeit maybe not the perfect one and take the medicine, and we have allies range, somewhere between $6,000 and we might be able to supplement their to help us do that, then we are going to $8,000 is about where we will cut off the benefits, but those would all of the sud- do better. insurance company’s exposure to risk, More and more plans are saying they den be shifted from the private sector and the Federal Government, through will give their insured customers a bet- to the public sector and be enormously Medicare, will pay for all of that. expensive. ter deal on drug coverage if they will take their responsibility to take a ho- Now, we have a plan that only has to Mrs. JOHNSON of Connecticut. That cover the first several thousand dollars is a very, very important point. We do listic approach to their health and take responsibility for their health. of exposure, which most Americans not want to shift costs from the pri- will fall under that, and it becomes af- vate sector to the public sector, and we So we want plans to have the opportunity to incentivize people and reward fordable. do not want to do it for another impor- Now, how does it become affordable tant reason. Many of the people who people for improving their own personal health, not just taking medicine, to the lowest end of the socioeconomic have coverage through former employ- ladder? What we would do is we would ers have very, very good coverage, and as important as that is. Mr. GREENWOOD. Mr. Speaker, if pay 100 percent of the premium for ev- they have total choice of prescription the gentlewoman will yield, what is in- eryone below 150 percent of poverty. So or generic or whatever is best for them teresting, of course, is that no matter the poor elderly and the poor disabled personally. who we speak to in this town, talk to would get free insurance. Talk about If we look at Medicaid, if we look at Republican Members of the House or giving everything for free, they would the big managed care plans, we tend to Democratic Members of the House, Re- get the whole plan free at no cost. For have the choice of those drugs offered publican and Democratic Members of those middle-class-and-above Ameri- in a formulary. Maybe that formulary, the Senate, the President, et cetera, we cans, they would have a small, rel- in other words the choices of drugs, all agree on one thing: let us provide a atively affordable monthly premium will be good. Maybe it will not. In the prescription drug benefit to Medicare that they could pay and could choose Patients’ Bill of Rights we are going to beneficiaries, and let us do it this year. between plans out there in the market give certain rights to go outside the So there is wide agreement, which is to buy the plan that is best for them. formulary, but they will have to be historic. It has not really happened be- documented by health need. And some- An elderly person with very little in fore. Now what happens? We have dif- the way of prescription drugs might times we would just rather have the ferent opinions. The President has a one that we believe is going to be the want a plan that has a low premium plan. There are numerous plans in the and a high deductible. If someone has a best for us. House. Republicans in the House, like That kind of total choice is not com- lot of expenditures, they might want a the gentlewoman from Connecticut and different plan. We enhance choice with mon in the plans that are out there I, have a plan that we have proposed. now. And in order to provide a range of our approach. And now we get into the business of de- Mr. Speaker, that is our idea in a plans, in order to allow people who ciding how to work these different have that total choice through their nutshell, and we can go on later about ideas and merge them into one. some of the details. The President has employer to keep it, we need to provide What I find so frustrating is that it is a plan, as I say. But for goodness sake, many solutions so seniors have their an election year. It is not only an elec- what must happen this year is that Re- choice of the kind of drug plan that tion year for the entire House and a publicans and Democrats, the Congress will best suit them. We need to protect third of the Senate, but for the presi- and the President have to get together them from catastrophic costs. We need dency of the United States. And this and say: let us roll up our sleeves, let to guarantee that if there are a seniors issue is so easy to demagogue. If we lis- us get the best of your ideas, the best out there with a $4,000, $6,000 annual inten to C–SPAN regularly and listen to of our ideas, merge them into a bill, come, they will have prescription drug the rhetoric on the floor, it is easy to get it signed into law. Because at the coverage. accuse the other party of not really But we also need to provide the op- caring about seniors, and of course end of this year, either we will have portunity for all of our seniors who that is nonsense. We would not be here done that and done a tremendous serv- currently get coverage to keep that doing this job if we were not interested ice to the people of this country, Presi- coverage, if they choose it; to join an- in the welfare of our constituents, par- dent Clinton will have some legacy, other plan, if they choose it. And we ticularly the elderly and those disabled something that Presidents want to want to be sure, this is very important who do not have a prescription drug have before they leave office, and the to me, we want to be sure that the pre- benefit. system will have worked. scription drug programs can be inte- So we are going to have a good dis- On the other hand, if all we do is grated into the managed care pro- cussion about methodology. How do we point our fingers at one another and grams, because many managed care do this? try to take political advantage of the programs now are developing ways to What we do, what the Republican issue, shame on all of us. And what I manage chronic disease, and they are House plan does is say let us use the in- recommend to the voters at the next doing it much better than we were ever surance model, since we know that election is vote us all out of office if we able to do it under fee-for-service. pouring money and paying everything do not figure out how to work together Mr. Speaker, they are saying to peo- ourselves will not work for the reasons collaboratively. ple who are coming out of heart sur- we have discussed. Let us create an in- Mrs. JOHNSON of Connecticut. One gery: Listen, we will pay for your surance model. of the reasons we are doing this Special

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.146 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2491 Order is to point out how terribly im- It is really important for everyone tage, and those are the seniors we are portant it is that we address this prob- listening to remember that, under both trying to help. lem for seniors and also to point out the Republican and the Democrat and So how do we help them and bring how much agreement there is. The the President’s plan, because those are down the prescription drug costs at the President’s proposal is really a pro- the two on the table now, that all sen- same time, by allowing these elderly to posal to cover 50 percent of the costs of iors would be helped. join in a group health care plan. That the drug. There is no proposal out They would both be optional plans. is what we are doing, we are providing there, because it is so expensive, that They are voluntary. They are not man- a group prescription drug plan for them recommends covering 100 percent of the datory. Seniors can elect them. That is that would cover large groups of Amer- costs of the drug. why seniors who have other plans that icans at a very affordable cost. Again, I think people, sometimes when they they prefer can continue to benefit if one is low income at zero cost, if one hear us talk about covering prescrip- from those plans. is middle income and above at a very tion drugs under Medicare, they think Mr. GREENWOOD. Mr. Speaker, re- affordable monthly cost. Those individ- we are talking about covering all of the claiming my time, as we have discussed uals gain from the fact that they are costs. They think the President is talk- a little bit, there have been criticisms now part of a big group. ing about that. of the plans. And one of those criti- The spokespersons for that group, The President’s proposal is really cisms has been, what part of the debate the leaders of the insurance companies, very simple. He is talking about cov- has been, what are we really going to the managers of the insurance compa- ering 50 percent of the cost up to about do to lower the cost of prescription nies will then negotiate with every $2,500. In other words, the insured drugs? pharmaceutical company as to what would cover $1,250 and the Government A lot of the debate and rhetoric that price they are willing to pay. That is would cover $1,250. And they would not we have heard about this issue has how we bring down the cost of prescrip- cover the first $1,250; they would cover been focused on strictly the cost of pre- tion drugs because we are now having 50 percent of each premium up to that. scription drugs, how do we bring down the big insurance plans that are buying And I am not sure whether the limit in the cost of prescription drugs. drugs for our seniors and for our dis- the President’s program is $2,000 or There are those who think that the abled, negotiating tough prices with $2,500. answer to that question is to have the pharmaceutical companies so that But we can see from the chart that some sort of governmental price con- we get and they get affordable prices. by having no coverage at all thereafter, trols on prescription drugs. That is a I have been joined now by the gen- that 20 percent of seniors that have the pretty scary proposition, because once tleman from Louisiana who is on the highest drug costs get very little help we start down the road of price con- Committee on Ways and Means and on from the President’s plan. But the trols in a free enterprise market like the Speaker’s Task Force and has been House plan is, too, and I have not read the American system, we run the risk the leader in drafting this prescription another plan that is not a cost-sharing of killing the very industries that are drug program. plan, usually 50–50. providing these miracle drugs. Mr. Speaker, I yield to the gentleman I think what is slowing down the pro- So how do you do it? Well, the an- from Louisiana (Mr. MCCRERY). duction of the final bill a little bit is swer is that, for that one-third of the Mr. McCRERY. Mr. Speaker, unfortu- the complexity of the stop-loss provi- Medicare beneficiaries, the elderly and nately, I have been in another meeting sion, of helping everybody to be pro- the disabled who do not have this cov- on another health care subject and not tected from catastrophic loss. It is a erage today, that one-third walks into been able to hear the discussion so I do matter of peace of mind. It is a matter a drug store with the prescription, they not know what has been said so far. of confidence and ease and security in have an illness, they have an ailment, But I do want to compliment the our elder years to have stop-loss insur- they are suffering from something, President on coming forward with a ance and know that prescription drugs they go to their doctor, their doctor plan. I do not want anything that I say will never bankrupt us, just like long- writes a prescription for them, they here to say that I am not appreciative term care insurance gives a peace of take that prescription, they go into the mind. of the President getting in the mix and That is why we are working so hard drug store, and they have to pay full trying to put forward a prescription this year to make long-term care pre- retail price out of their pocket with no- drug plan, because I think it is impor- mium costs deductible on income tax. body’s helping them at all. tant that he be part of the process. We could do that. Then for a rather Of course that is the most expensive All of us, the President, the gen- modest investment in a long-term care way one can buy a prescription drug. tleman from Pennsylvania (Mr. GREEN- premium, we have the peace of mind of Some seniors order the drug. The phar- WOOD), I, Republicans, Democrats, I knowing that we will never have to macists fills the prescription, hands think, agree that, in order to have a spend down to poverty to pay for long- them the bottle, and the price tag. modern Medicare program, we have got term care costs. And under prescrip- When they see the price tag, which is to have a prescription drug benefit. tion drugs, with a stop-loss provision, often, it is not anything for one pre- Thirty-five years ago when Medicare we will have the peace of mind of scription to cost $100 or $200, they are was created, prescription drugs were a knowing that we will never be bank- embarrassed and have to walk away very small part of the health care regi- rupt by the costs of prescription drugs. from the drug store and say I do not men of a senior citizen. So we took have that kind of money. care of their hospital needs and their b 1715 Others may be able to scrape to- doctor needs, Part A and Part B, and So this is not a concept that the gether the money to pay for the drug. that was fine for most seniors. President opposes at all. We are all But then they take it home, and the Today that has changed. Now if one talking within provisions that we all label says take four times a day or six takes care of the hospital bill and the know would be helpful to our seniors. times a day, and maybe it is a prescrip- doctor bill, in many cases, there is a We simply have to work out, not only tion that they are going to need for the third item, prescription drugs that con- their costs, but how they fit in with rest of their lives every month, week stitutes a very large portion of that the real world, how we can protect sen- after week, for the rest of their lives, senior’s health care needs, the health iors who already have good drug cov- they know that they cannot afford to care regimen of that senior. erage and do not want it disturbed, how go back and fill that prescription over So we all agree, and I think it is ap- we do not want to encourage their em- and over again. propriate for all of us to be discussing ployers to drop good coverage. So, instead of taking the pill four how we best do this, including the So we want to make sure that we do times a day, they will take it two President, Republicans, and Demo- not compromise opportunities that times a day. That does not do them crats. So I appreciate the President seniors currently have but that we cre- any good because the prescription is putting out a plan. ate new opportunities for seniors who not providing the kind of physiological I think the President’s plan is insuf- either have no drug coverage or inad- response that it was sustained to proficient. In his defense, he was trying to equate drug coverage. vide. So that senior is really held hos- craft a plan that would meet certain

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.148 pfrm01 PsN: H03PT1 H2492 CONGRESSIONAL RECORD — HOUSE May 3, 2000 budgetary guidelines. His plan spends is, maybe when one is 65 and when one me is that we have crafted this plan so about $34.5 billion over 5 years. He de- is 66 and when one is 67, one will be that it benefits everyone regardless of cided to put the bulk of that money able to have low drug costs that are income. If one is at the lowest end of into a benefit for low-income seniors under the $2,000 threshold, or I think the scale, we cover 100 percent of one’s and giving every senior a very minimal the President’s threshold increases premiums. We think we can go up to benefit. Let me tell my colleagues over time. But still there is always a 150 percent of poverty and cover that. what I mean when I say ‘‘minimal.’’ cap on it. The President’s rhetoric and language Based on the figures provided by the Now one day, one can come down has suggested that that is all we do, White House for the premiums that a with some terrible disease, and go to that we are only providing a benefit for senior will have to pay, the level of the the doctor, and the doctor says, Guess the really poor; and it is really not the benefit, which is $2,000, once one what, the good news is there is a drug case. reaches $2,000 of expenditures for pre- that will solve your problem and keep Mr. MCCRERY. That is not the case, scription drugs, one’s benefit is over you alive for another, you know, an- Mr. Speaker. under the President’s plan. other 5 or 10 years. But the bad news is Mr. GREENWOOD. Mr. Speaker, the So when one adds up the premium it costs $10,000 or $20,000. Well, that mechanism that we use by stopping the that a senior has to pay for the plan senior suddenly has exposure to a risk loss for everyone is what makes the and the co-insurance requirement, that there was no way that he or she premium affordable. Maybe the gen- which is 50 percent, basically a senior could have planned for. tleman from Louisiana could share his will pay $1,750 for $2,000 worth of drugs. So what we provide with our plan is thoughts on that as well, because that Not a great deal. the peace of mind, the peace of mind of is so important to get straight with the But, again, in the President’s de- knowing, no matter how expensive American people. fense, if one only has a limited amount your prescription is, no matter wheth- Mr. MCCRERY. Mr. Speaker, it is of money to spend, in his case $34.5 bil- er you are on one drug or 10 or 15, you fairly easy to explain, but not easily lion over 5 years, and one provides 100 will be covered. The sky is the limit on understood. Let me take a shot at it. It percent of the benefit to low-income one’s coverage because that is where is really different from a stop-loss pro- seniors, there is not a lot left to give our plan comes in for everyone. Every vision that I have talked about for an the average senior a benefit. American pays all of their costs above individual senior. That is a stop the So I think the President’s plan, while that ceiling. loss out of his pocket. What the gentleman from Pennsyl- it is a good start, is insufficient. The Mr. MCCRERY. That is right, Mr. vania is talking about is the Federal glaring insufficiency in the President’s Speaker. I want to be honest here. We Government telling the insurance in- plan is that he does not give any pro- have come up with a conceptional plan dustry we will stop your losses for any tection to extraordinarily high costs that does the things that the gen- seniors in, say, the top 21⁄2 percent of that seniors may have. So that if one tleman from Pennsylvania and I have expenditures for drugs. We know that has got a senior citizen who has done talked about. that top 21⁄2 percent of seniors in terms everything right his whole life, he We have not had the numbers of their drug cost constitutes about 25 worked hard, he paid his taxes, he crunched by the Congressional Budget percent of the total drug expenditures saved for retirement, and then after he Office. That is in the process of being for the senior population. is 65 years old, he contracts some done. We have worked with some actu- So if we give the insurance industry chronic disease that requires a very aries who think we can do what we some reinsurance protection, so to high level of drug maintenance, he have described within the budgetary speak, against those extraordinarily bleeds those savings. Those savings are confines that we are working in, which high-cost seniors, then they will be just gone. is $40 billion over 5 years. But we do able to write a product, produce a prod- That is not right. We ought to give not know yet to what extent we can uct in the marketplace at a premium seniors some protection against just fi- protect those seniors from those high that will be substantially lower, per- nancial ruin because of bad luck in costs. We have to wait until we get haps as much as 25 percent lower than health care and having very high pre- those numbers from the CBO. they could if we gave them no protec- scription drug costs. Our Republican But I believe that any plan that we tion in a reinsurance way against those plan does that. That is why I think include in Medicare ought to provide extraordinarily high-cost seniors. that we need to work with the White not only a basic benefit for low-income House, the White House needs to work seniors and other seniors but also must b 1730 with us. include a stop-loss provision which pro- So the gentleman is exactly right. By We need to get a plan in law that tects that senior citizen from sky- basically buying down the tail of those gives seniors, not only low-income sen- rocketing out-of-pocket costs that high cost seniors for the insurance in- iors, that basic benefit that both our could bleed his lifetime savings. So we dustry, we allow them to write a prod- plan and the President’s plan does, but have got to wait and see what the num- uct that is fairly predictable in terms also some protection against those bers show. of their cost, and we allow them to very high drug costs that are killing But I think, from a conceptional write those products at a premium that some of our seniors, not killing, they standpoint, we ought to agree that we would be substantially lower than they are staying alive because of those are going to provide a basic benefit could if we gave them no such stop-loss drugs, but it is bleeding their savings; which both our plan and the Presi- protection for the insurance industry. and that is not right. dent’s plan does, and that is protection Mr. GREENWOOD. And since Ameri- Mr. GREENWOOD. Mr. Speaker, re- against those very, very high drug cans are not used to buying drug-ben- claiming my time, just if I can com- costs. If it ends up costing more, then efit insurance, this is a little alien to ment on the gentleman’s point for a we have got to figure out a way to fi- them. But if we think about buying moment. It has been my experience nance that. automobile insurance, if we went to that, the older I get, the more cautious But from a conceptional standpoint, I buy automobile insurance that would I become. As we go through life, we think any drug benefit that we include provide liability coverage for $10 mil- bump up against enough things that, must have those two elements, a basic lion, that would be expensive. The pre- by the time one reaches the age of 65 benefit for everybody, including low-in- mium that we would pay on a monthly years of age and one is ready to retire come seniors and protection against basis or annual basis would be quite ex- one is not looking for any more risk. those extraordinarily high drug costs pensive to get that coverage. And if it One wants to pretty much know what that some seniors, a few seniors run were unlimited, if we had unlimited li- one’s life is going to be like for one’s into. ability protection, of course it would golden years. Mr. GREENWOOD. Mr. Speaker, as be unaffordable and the insurance in- The problem that, the criticism that the gentleman from Louisiana talked dustry would have a hard time putting we do have with the President’s plan is, about, the fundamental goal is to pro- a price on that. as one said, one is sitting there with vide coverage for everyone. What has That is almost the way it is with pre- this big risk over one’s head; and that been discouraging and frustrating to scription drugs now, because we cannot

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.150 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2493 predict the exposure with these new Mr. GREENWOOD. By all means. I imen; if we leave pills in the bottles; if modern expensive drugs. So what we thank the gentleman for his participa- we do not follow the directions; if we are saying here is, if it was automobile tion and would now yield to the gen- do not take them in a timely fashion. insurance and the Federal Government tleman from California, who is, in my Seniors are one of the groups that have said we will cover everything over, let mind, the leader on this issue in the the least support of any group in as- us say $50,000 of liability, then we know House of Representatives, and has been sisting in taking drugs. This is one of that the premium is going to go way leading us for a number of years now. the real value-added features brought down and we would have the coverage Mr. THOMAS. I thank the gentleman by one of these programs. covered by the Federal Government. It very much, one, for taking the time We keep talking dollars and cents. is the same thing here. By the Federal and, two, for beginning to get into the Dollars and cents is important, but Government, by our House Republican details. availability, deliverability and proper plan proposing to pay for that top, This does become somewhat complex usability of drugs is very, very critical. from the cap to the sky being the for most people, but the key point that That just comes as a kind of a free as- limit, suddenly now we have an afford- we need to have everyone understand is pect of putting this kind of a plan in able product that every American can that if we were discussing, as the gen- place. afford to purchase. tleman indicated, automobile insur- The other thing that we have to re- Mr. MCCRERY. That cap that the ance or homeowner insurance, and we member is that seniors have been very gentleman is talking about, though, is peeled back what most people know knowledgeable in this whole process. I an after-the-fact determination accord- about the insurance business, it is have become quite enamored with their ing to the actual costs in the industry. pooled risk. And it would get into ex- ability to realize that when someone So at the end of a year, what we do is actly the same kind of discussion that promises something for nothing, they we go back and look at the cost for we are getting into here. know they cannot get something for drugs for all seniors, and then we de- One of the reasons that we are doing nothing. And what we are trying to do termine above what level constitutes it is to create a comfort level, I be- is put a plan in place that will assist the top 2.5 percent of expenditures. It lieve, notwithstanding all the details, those who, through no fault of their might be $10,000; it might be $12,000; it that what we are trying to do is to cre- own, do not have the wherewithal to might be $15,000; it might be $7,000. ate a product that takes care of the pay for it; and those seniors who, Somewhere, though, we will reach a real concerns of seniors. It is not the through no fault of their own, cannot point where all expenditures above first dollar that we spend on afford the enormously high cost of the that by all seniors constitutes the top prescription drugs; it is that last dol- drugs that happen to meet their par- 2.5 percent of expenditures. lar. And we do not know when it is and ticular health needs. And for those who So a plan knows very quickly how we do not know how much it is going would like to have the protection, many seniors it has with expenditures to be. That is what insurance is all whether or not they fall into one of over that $10,000 level or $12,000 level. about: pooling the risk in a way that those other groups, to be able to par- They report that to the Federal Gov- everyone can afford to protect them- ticipate in a minimally reasonable ernment. The Federal Government selves against that last dollar, no mat- fashion, I think, is a proposition that ships them a check basically for those ter how much it is going to be. And most seniors would be interested in. seniors and the costs for those seniors that is what we are trying to create. I know that the idea is enormously above that level. It is doable. It is kind There are others, for example the popular to promise people that they of an after-the-fact risk adjustment President, who said let us just set up a will not be involved financially and that we can do, and we are hopeful that prepayment plan. Everyone will know they will not be involved administra- the insurance industry will be com- how much they are going to get. And tively or behaviorally. But, frankly, I fortable with that kind of risk adjust- he has a plan that eventually gets to think the seniors have been appre- ment mechanism and will write prod- like $5,000; but it is $2,000, and that is ciative of our open approach, which ucts in the marketplace that will give all anyone is going to get no matter says all parts of the society are at fault seniors a choice of products and give what their costs are. That is better and all parts of the society are the so- the basic benefits that we have talked than what we have today. There is no lution. The pharmaceutical industry is about. question it is better than what we have part of the problem, and they are also Mr. GREENWOOD. And when this today. But if we are going to put a plan part of the solution. The insurance in- plan is enacted into law, as we hope in place, I think the gentleman and dustry, the same. Members of Congress, that it will be this year, the average myself and others who have been work- the same. The children of our seniors, middle-class American who does not ing on this agree, including Democrats the same. And, of course, the seniors have a prescription plan now, who has who have been working with us, is let themselves. one next year because of this program, us try to do this the best we can. It has to be a positive, cooperative ef- will wonder, okay, so what was in this The way we really need to deal with fort that builds a plan that not only for me? What did I get out of this? prescription drug cost is to take care of works today but, more importantly, 5 They will know what they got out of the low income and create a risk struc- and 10 years from now when those this when they go to write their check ture that allows the private sector to biotech drugs come on the line that are for their insurance to cover their pre- write the product. Now, why in the more expensive and, through no fault scription plan. That check will be a world are we always saying let us get of our own, the cost is something we heck of a lot smaller. The amount they the private sector into this process? It could not handle. There must be an in- have to write that check for will be is very simple. If we take a look at pre- surance product available for seniors. very small compared to what it would scription drug insurance today, there is More importantly, not that it is just be if we had not decided to cover this value brought by those people who are available, but that we have created a top end of the exposure. managing the prescription drug pro- system that allowed us to get into it at Mr. MCCRERY. I agree. And I thank grams. It is so specialized that even a time when the costs were reasonable, the gentleman for allowing me to par- people who offer ordinary health care, where now that they are not reasonable ticipate in the discussion on the pre- and if they include prescription drugs, that we are covered. It is simply some- scription drug plan for seniors. will hire these people to run their pre- thing that needs to be done. Our good friend and colleague, the scription drug portion. I appreciate the gentleman taking gentleman from California (Mr. THOM- One, taking drugs, especially taking the time not just to talk about pre- AS), the chairman of the Subcommittee more than one drug, becomes risky scription drugs, because we are focus- on Health of the Committee on Ways business if there are not knowledgeable ing on that as a new addition to Medi- and Means, has joined us. So with the pharmacists and others to help in the care, paid for, by the way, and I do not gentleman’s permission, I am going to management of taking those drugs. think we say this often enough because go back to my other health care meet- Sometimes drugs that would be life- people do not realize it, the $40 billion ing and turn it over to the gentleman saving are not worth very much if we that the Republican leadership has laid from California. only participate in a portion of the reg- on the table to cover the prescription

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.152 pfrm01 PsN: H03PT1 H2494 CONGRESSIONAL RECORD — HOUSE May 3, 2000 drug and the modernization cost for whether paying 50 percent of the cost ment in time they occupy that posi- the next 5 years is money that we have of every drug, there is cost out of pock- tion, they may in fact be paying more saved from the Medicare program. We et. So the middle class and above will than they would under the President’s are not taking it from taxpayers. We have to pay something for their pre- plan for roughly the same support. are not robbing current programs that scription plan. But most of us know and the seniors need money to pay for this. And we are We have two systems by which we try certainly do, at some time or other not simply saying that it is a revenue- to figure out how to make that most over the course of the rest of their lives neutral game and that if we pay money manageable, most affordable, most they are going to fall into the category for drugs it is coming out of hospitals flexible, and to provide the most secu- where they are going to get expenses or doctors or some other health care rity at the end of the day from cata- for drugs, hopefully on a temporary costs. strophic, potentially ruinous costs, basis, that they cannot afford to pay. It is money that was saved because of where someone would have to choose That is what we are trying to protect the changes in the program that we between literally selling their home to against. have put in place that we are rein- buy the medicine they need or doing We believe it can be done today. Not vesting. The leadership has said let us without and having their life 5 years from now, not 7 years from put this money back into Medicare foreshortened as a result. now, not 8 years from now, but today. that we saved from Medicare, but let us In the course of this debate, in fact in So our discussion, as my colleague put it back in in a new way in which we the course of this last almost hour points out, will quite rightly be how do get an even better benefit out of the here, I think my colleagues and I have we best construct a program to meet dollars that we have spent. And to that been very careful. Not once have we the most important and dangerous con- end, part of the other program that we questioned the motives of the Presi- cerns that seniors face; and that will are advocating is that as we add pre- dent or the motives of the other party. be, hopefully, the policy discussion scription drugs, we do not just tack it We have started with the assumption that we are engaged in. My colleague is quite rightly proud on to a system that now says we get that every Member of Congress in the of the product that we are moving for- drugs and we get health care. House and the Senate, that the Presi- ward. My goal, frankly, in the next sev- Because the way medicine is deliv- dent and the Congress have the same eral days is to be able to stop using the ered today, as the gentleman well goal, to provide affordable health care. phrase ‘‘the Republican plan.’’ knows, and those of us who have What I think the public needs to watch I have engaged in a number of discus- looked at it for some time, and espe- for and be most critical of is not the sions with Democrats both here in the cially those seniors who have partici- fact that we have differences of opinion House and in the Senate. Some of them pated in the health system, drugs and and not be judgmental about a Member I think could be described honestly as old-fashioned, as we say, health care who takes this tack or that tack, but excited about the idea once they under- have merged. We cannot deliver health rather be judgmental about Members of stand the policy direction that we are care today without, as I say, an inte- Congress or other politicians or the trying to go, not only excited but sup- grated approach with prescription President, to the extent that he does portive about it and will be able to talk drugs. it, when they begin to question the mo- about the bipartisan plan that the Con- So as importantly, in my opinion, as tives of the other party. Because if we gress is moving forward as a legitimate adding prescription drugs to Medicare avoid that, we will get this job done. contender, one we believe most appro- is the extra care and attention we are Certainly the President has some priate to meet seniors’ needs and that trying to provide to creating a system ideas that are worthy of our consider- we will be dealing with this on a policy that integrates this new benefit in with ation and we have some worthy of his. level and not a political level. the other benefits that are defined and And certainly if we are going to get I thank the gentleman from Pennsyl- guaranteed in the Medicare program in this done, at some point in the process vania (Mr. GREENWOOD) for taking the such a way that seniors are now going there is going to be an amalgamation time and for allowing me to partici- to receive health care just the way the of the President’s best ideas and our pate. rest of the society receives health care. best ideas, and we ought to be able to Mr. GREENWOOD. Mr. Speaker, re- Frankly, they are a decade or more be- learn from each other. claiming my time, I thank the gen- hind because we do not have this inte- b 1745 tleman from California (Mr. THOMAS) grated prescription drug aspect to sen- for his participation and his leadership, iors’ Medicare health care. It is over- Mr. THOMAS. Mr. Speaker, the gen- as usual. due. It needs to be put into effect, and tleman makes an excellent point. Be- The experience that I had not too it needs to be integrated. And that is cause, as everyone knows, we can take long ago was I visited a senior center what we are trying to do. a fixed amount of money and spend it and asked a group of my elderly con- Mr. GREENWOOD. I think what is a number of different ways. And, in es- stituents whether they had or had not important, as we compare the Presi- sence, that is what we do. The amount coverage and what their experiences dent’s plan to the House Republican that we lay out for prescription drugs were. plan to other plans that may be in the is about the same amount roughly as I met a woman who told me that she Senate and elsewhere, what is impor- the President. But their goal was to was taking 18 different prescription tant to understand is that there are achieve a slightly different payment drugs and that she was working three some similarities. The low-income balance. jobs in order to pay for those drugs be- folks in both plans would have no cost We place the emphasis on low income cause she had no coverage. And at the and would have access, for the first as the President does, but we talk end of the day the question for those time many of them, to a prescription about making sure that those out-of- Americans is not is this a Republican drug plan. pocket payments that are unexpected plan, is this a Democratic plan, is this Mr. THOMAS. If the gentleman will and too high to pay for fall under an the President’s plan, is this the yield, not only are they similar but insurance umbrella on shared risk. Congress’s plan, but the question at they are identical. No one should say The President has chosen to take a the end of the day is can the Repub- that the President’s plan or our plan bit more of that subsidy and some of licans and the Democrats in the House treats low income differently, because the earlier basic costs to create, which and the Senate and the Congress and we treat them exactly the same. They I think, in fairness, we could say one the President figure out how to solve get complete coverage. size fits some because those who have this problem so we do not have a single Mr. GREENWOOD. That is a very the very high cost would not be served elderly person in America, not a single good point. And then for every one of by that system, but that there is a con- disabled person in America having to the elderly and the disabled above that sequence in the way we write the pro- make that awful choice between their 150 percent of poverty, under both gram. And it is entirely possible that, health and their finances so that they plans there will be out-of-pocket ex- for the middle-income person who is do not get to the point where they have penses. Under both plans, whether pay- not low income and who does not have to say to a doctor, do not bother writing for a premium in our case, or the extra high drug costs at that mo- ing that prescription for me because I

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.154 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2495 cannot afford to pay it, or taking a pre- nounced policy of January 6, 1999, the Federal Government will subsidize for scription home and not being able to gentleman from New Jersey (Mr. low-income people a private drug intake all of the pills that they need to PALLONE) is recognized for 60 minutes surance plan. We do not believe that take in a given day and not being able as the designee of the minority leader. those plans will ever be available. to renew that prescription because of Mr. PALLONE. Mr. Speaker, I intend So one of my chief criticisms is that their inability to afford it. tonight with some of my Democratic this is not really a Medicare benefit at I am convinced that, at the end of colleagues to also take up the issue of all, this is not really Medicare at all, the day, Republicans and Democrats prescription drug benefit under Medi- this is simply a private insurance plan will join together on this, we will nego- care. which even most of the insurance com- tiate a bill with the President and it I must say that I was pleased to hear panies say will simply not be available will mark the point in our history, the that my Republican colleagues on the for most seniors. history of Medicare, of which we all other side of the aisle were concerned Also, even for those seniors who can be proud. about the issue. I certainly do not would be perhaps able to take advan- Mr. Speaker, I yield to the gentleman doubt their sincerity in raising the tage of what the Republicans are pro- from Kentucky (Mr. FLETCHER). I am issue, but I am very concerned about posing, it does not even guarantee, if glad to have him here to join. He has the proposal that the Republican lead- you will, the coverage for many of been a real leader in this issue, as well, ership has put forward and I express those who have an absolute need. The and I am glad to have his participation. that concern because I do not believe Republican plan relies on these private Mr. FLETCHER. Mr. Speaker, we that it will actually do anything to insurers to voluntarily offer a drug just came from a meeting, but I did provide a prescription drug benefit to only benefit. want to get in at the few minutes left most American seniors. In testimony before the Congress, and certainly participate. We have got I say that with heavy heart because I even the insurance industry itself had 1 minute remaining it looks like. really believe that this is one of the expressed skepticism about the effec- First of all, I think it is very impor- most important issues that we need to tiveness of this approach. The other thing is, one of the key tant and I am very encouraged by this address in this Congress, and I believe issues that has come up in the context plan. I think it is essential. Health care that we will not get a prescription drug of the prescription drug issue and that without prescription drugs in this mod- benefit unless we get it on a bipartisan the Democrats, particularly my col- ern age is really not health care. basis. And so, we do need to have Re- league the gentleman from Maine (Mr. I give my colleagues an illustration. publicans and Democrats work to- ALLEN) has pointed out, is the need for In assisted living, I was visiting with gether. But it is also important to point out access to lower prices. some seniors who talked about a gen- Price discrimination is a major issue distinctions and to make it clear that tleman living there. For the first half here. What happens is that the seniors the Republican leadership proposal of the month, he was a perfect gen- that are in an HMO or have access to that has been set forth really does not tleman. The last half of the month, he some larger plan maybe through the was a tyrant in the place. The problem do anything to help most senior citi- Government, like the veterans’ plan or was he could only afford the first half zens and in fact is just, in my opinion, whatever, they are getting lower of the month’s prescription drugs. a way to show concern in an election prices. The senior who goes out and We see a number of seniors like this. year to give the impression that some- tries to buy the prescription drug on So I think it is very important we put how this issue is going to be addressed their own, they are charged a lot more. $40 million aside versus the President’s in an effective way when it will not if Well, there is nothing in the Repub- $28 billion over the 5 years. His does the Republican plan were to be adopt- lican proposal that would provide ac- not start for 3 years. We are toward the ed. cess for the average senior citizen to target at making sure it is affordable, Let me just summarize, if I could be- discounts on prescription drugs that available, and optional. So I think it is fore I yield to my colleague, some of these larger plans, the people in the an outstanding plan that targets those the problems with the Republican plan. HMOs and the people in the veterans’ that really need it and it is essential. First of all, it will leave millions of plan, obtain. Again, health care without prescrip- seniors uncovered. Their proposal I mean, one of the advantages that tion drugs is really not health care in would do nothing to assist more than we have with our Democratic plan is this day and age with the way preven- half of all Medicare beneficiaries who that we try to address that issue of tion and chronic disease management currently lack prescription drug cov- price discrimination and make it so has become the major portion of health erage because it provides assistance that everyone who is in the Medicare care versus acute care, which we had only to beneficiaries with annual in- program would have the benefit of back when Medicare was first devel- comes of under $12,600. Seniors with those same types of discounts. oped. modest incomes above $12,600 would re- Also, and this is the last thing I want So I wanted to come and just cer- ceive absolutely nothing under the Re- to say on the issue of why this Repub- tainly say I think, hopefully, we can publican plan. lican plan really is nothing that is get good bipartisan support. We did in The benefit will fail to be an afford- going to help the average senior, it is a bill that I filed back last year, we got able option even if it is available. And not really funded. bipartisan support, which is very simi- if enacted, the Republican proposal Earlier this year the Republicans lar in concept. So I am very encour- would mark the first time in the pro- promised that they would commit $40 aged by this and look forward to us gram’s history that Medicare would billion for a prescription drug benefit. being able to get something done. not provide coverage for all American Their own budget resolution dedicated There are a number of seniors out seniors. as little as $20 billion to pay for this there that need this and it is going to Now, I say that because, basically, weak and limited plan that would leave be very important for their health and what they are proposing is a private in- so many seniors without coverage. future. surance plan, not a Medicare benefit. Moreover, the lack of their willing- Mr. GREENWOOD. Mr. Speaker, the Every time that we have expanded ness to release 10-year numbers on gentleman from Kentucky (Mr. Medicare to provide more coverage, it their prescription drug proposal raises FLETCHER) is one of the few physicians has been a benefit that has been avail- serious concerns that their tax policy in America who has chosen to leave his able to everyone under Medicare either consumes virtually all revenue nec- practice behind temporarily and come as a guarantee or as a voluntary ben- essary to adequately fund a drug ben- to serve in Congress. His leadership is efit that they can opt into by paying a efit in the future. greatly appreciated. premium, as they do right now under My point is the Republicans continue f part B for their doctor’s care, for exam- to advocate a huge tax cut that pri- ple. marily benefits corporations and PRESCRIPTION DRUG BENEFIT Well, all of a sudden we have a pro- wealthy individuals. They do not leave The SPEAKER pro tempore (Mr. posal which really is not Medicare at any money left for this type of Medi- THUNE). Under the Speaker’s an- all but is, basically, saying that the care prescription drug plan that would

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.156 pfrm01 PsN: H03PT1 H2496 CONGRESSIONAL RECORD — HOUSE May 3, 2000 actually help most Americans. They do crossing a bridge. Just crossing a other medications are an additional not have the money to accomplish that bridge from Detroit to Windsor, we $85.26, and I have additional medica- because of the tax cuts that they have lowered the cost 53 percent. tions, not counting the Claritin, that proposed. I also want to commend Newsweek, come to $150.26. I do not buy the Well, I do not want to just keep harp- who is doing live talk. They are the Claritin every month because when you ing on what they are doing. I would hosting a live talk on the Internet to- add up all of my drugs after my supple- like to talk a little bit about what the morrow at noon. So for anyone listen- mental insurance payment, I cannot af- Democrats have in mind. ing who would like to participate and ford them. But before I do that, I would like to share their story at noon tomorrow, ‘‘Lasix used to be $6.27. Now it is yield to the gentlewoman from Michi- Eastern Daylight Time, they can log $18.25. It takes all my husband’s Social gan (Ms. STABENOW) who has been such on to Newsweek.com. Security to pay utilities, insurance and a leader on this issue. b 1800 his supplemental insurance.’’ Ms. STABENOW. Mr. Speaker, I So it takes all of his Social Security thank the gentleman from New Jersey I am anxious to see what people are to pay utilities, insurance and his sup- (Mr. PALLONE) very much for all of his sharing through that mechanism. plemental insurance. That is two- efforts. He is tireless in his efforts com- I think it is important to recognize thirds of their income. ing to the floor of the House not only that in the last 20 years we have seen ‘‘Help us, if you can. Mrs. Johnnie on the important issue of prescription a huge increase in the cost of prescrip- Arnold.’’ drug coverage and lowering the cost for tion drugs. The price increases from We need to pay attention to this. We seniors but the Patients’ Bill of Rights 1981 to 1999 have gone up 306 percent, need to have a sense of urgency. Mr. and some other important issues for while at the same time the Consumer and Mrs. Arnold are every month lit- health care. So I appreciate his leader- Price Index has gone up by about 96 erally trying to decide do we buy our ship on all of these important health percent. So, in other words, the costs food now, do we afford this medication, care issues. of medications have tripled, have gone that medication, do we pay the electric As my colleagues know, I have been up 3 times as much as the cost of living bill, how do we survive and remain at involved in the great State of Michigan for everything else, which is a critical home and keep our health and benefit in an effort that I have called the pre- issue. from the medications that are cur- scription drug failure fairness cam- As the gentleman mentioned also, rently available today? paign, where we have put together a the second piece is price discrimina- I think Newsweek is right. That is hotline for people to call and share tion. If one has insurance, if they are the real drug war. This is the drug war their stories. in an HMO, then they have somebody we are fighting right now, the drug war I have encouraged people to send me fighting for them to go out and nego- to lower the prices of prescription copies of their high prescription drug tiate a group discount. If they are a drugs for everyone; and for seniors who bills so I can bring them to the floor. senior or if they are a woman who has use the majority of medications this is And I am continually coming down and breast cancer, and we have done a life or death for too many people, and sharing stories. I started on April 12 of study in my district on women with it is a situation that we can correct. this year bringing letters down to the breast cancer and the kinds of drugs Instead of putting up those kinds of floor. I am down again. And I am going they need to use and the costs, or if programs that just sound good on the to continue to share stories of people one is a child, any family member who surface but do not do anything, to do in Michigan until we can get this right walks into the drugstore without in- what I know the gentleman from New and until we can pass a plan that really surance, they are out of luck. They pay Jersey (Mr. PALLONE) is going to talk does the job. whatever the market will bear; and un- about tonight, what he is going to talk As my colleague indicates, the plan, fortunately, the market today for the about in terms of the plan that we are unfortunately, that is being proposed uninsured is at least twice, if not three supporting that really does something, on the other side of the aisle I believe or four times, higher than someone now is the time to do it. We have eco- takes us back to where we were before with insurance. nomic good times. If we do not do it Medicare. Before Medicare, half the We can start with Medicare. Medi- now, when do we do it? If we do not get seniors in the country could not find care can fight for the seniors of this it right now, we never will. health care insurance or could not af- country if Medicare coverage is put Mr. Speaker, I thank the gentleman ford it. So to say that we are going to into place so they can negotiate a from New Jersey (Mr. PALLONE) very rely on that same kind of system for group discount, just like every other much for allowing me to participate in prescription drugs just does not make insurance carrier. this important discussion. any sense. I would like this evening to share a Mr. PALLONE. Mr. Speaker, I want Medicare needs to be modernized. It letter from Mrs. Johnnie Arnold from to thank the gentlewoman from Michi- is simple. Everybody understands it. It Decatur, Michigan. I am so grateful for gan (Ms. STABENOW) for her remarks. I covers the way health care was pro- Mrs. Arnold’s letter, and I wanted to appreciate the comments she made, vided back in 1965 when it was set up in share it. It is like so many letters that first of all, to give us an actual exam- the hospital, operations, prescriptions we have all received. She says, ‘‘Dear ple of the constituents that write to us in the hospital. Congresswoman STABENOW, I am writ- and the problems that they face be- As we know, most care is provided ing about my prescription drugs. I am cause this is a real story. This is not now on an outpatient basis in the home 76 years old and get $280 a month draw- abstract. This is a reality that people and with prescription drugs. And so, it ing from my husband’s Social Security. face every day in our district. is critical. I believe it is the number He is a notch baby,’’ which is another Ms. STABENOW. Right. one quality-of-life issue for older problem, ‘‘and only gets $661 a month.’’ Mr. PALLONE. Also because I know Americans today is to address the issue So that is $941 a month that they re- the gentlewoman has always been a of the high prescription drug costs and ceive. leader on addressing and having people to modernize Medicare. ‘‘Our supplemental insurance costs contact us through the Internet. She I want to first commend Newsweek us $281.34 a month. We are having a really, more than anybody else, this week, who has a feature story struggle for my drugs I need. I have brought to my attention the value of called ‘‘The Real Drug War.’’ They talk had open heart surgery and complete reaching out through that vehicle, and about this problem and what is hap- thyroid removal for a cancer. I have I think it is so important. So I thank pening. I urge my colleagues to have a high blood pressure and I have had her again. chance to take a look at this article. aorta aneurysm surgery. I am in a Mr. Speaker, I wanted to follow up on They do mention what a number of us wheelchair part-time and have been what the gentlewoman from Michigan are doing, the fact that I did take a bus turned down three times for SSI now. (Ms. STABENOW) said, though, also in trip to Canada with a number of the My Vasolin high blood pressure medi- terms of a report that recently came seniors that are from Michigan. We cation is $65 for a month’s supply. My out. The Democrats, of course, for lowered the costs by 53 percent just Claritin is $80 for a month’s supply. My some time and the President ever since

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.158 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2497 his State of the Union address this tain drugs, that doctors prescribe cer- be universal. It should be a basic ben- year, and even before that, has kept tain prescription drugs that they can- efit under Medicare that one can volun- watch and constantly talked about how not take advantage of and they simply tarily opt into if one wants to. we have to address this problem be- go without or in other cases they may Thirdly, again, a major shortcoming cause of the costs to seniors, and a new simply buy the prescription drugs and of the Republican leadership proposal report recently came out by Families go without food or have other basic ne- is encouraging private plans to partici- USA. Families USA has been high- cessities that they cut back on. It pate by having the Government bear lighting the problem of price discrimi- should not be that way. most of the risk of covering sick bene- nation for some time, but this report The promise of the Medicare program ficiaries. What is really being done is just came out within the last week or when it was set forth was that seniors giving the insurance companies a lot of so from Families USA. It is entitled, at least, as a group of Americans, money without guaranteeing them ‘‘Still Rising: Drug Price Increases for would not have to worry about cov- that they are actually going to come Seniors 1999 to 2000.’’ So they are just erage for health care and that they up with coverage. talking about the last year or so. would be provided with coverage. There are so many reasons why this Once again, this report demonstrates Of course, when Medicare was found- essentially reneges on any kind of com- that failure to provide a voluntary, af- ed back in the 1960s, prescription drug mitment for a meaningful prescription fordable and accessible Medicare pre- needs were not as significant as they drug benefit. Again, just to talk about scription drug benefit, which is what are today. They have grown signifi- the funding, before I introduce another the Democrats would like to see, that cantly in those 30 or 35 years or so that one of my colleagues, the Republican this imposes, this failure imposes a they are now a crucial factor in terms budget chairmen have acknowledged continuing and growing burden on mid- of preventive care. Without the preven- that their budget resolution uses only dle-class, older Americans and people tive care that comes from prescription half, $20 billion, of its Medicare reserve with disabilities. The President re- drugs, we have seniors getting sick, for prescription drugs. This is insuffi- leased this report just a few days ago, having to be hospitalized, having to go cient to finance a meaningful, afford- and I just wanted to present, if I could, into a nursing home or ultimately able, accessible drug benefit for all Mr. Speaker, some of the key findings leading shorter lives. It is just not beneficiaries. Again, they have not explained how of this Families USA report. right. That is not what we are supposed First, it showed that on average the to be about as Americans. they are going to spell out their 10- price for the 50 drugs most commonly Because my colleagues on the Repub- year funding commitment for prescription drugs. Again, I think that is be- used by seniors increased at nearly lican side did precede us and essen- cause essentially most of the money twice the rate of inflation during 1999, tially tried to tout what they are doing that they are setting aside in the budg- last year. On average, the prices of with regard to prescription drugs, I et is for tax cuts, primarily for wealthy these drugs reportedly increased by 3.9 need to, I feel, focus again on the limi- individuals. There will not be enough percent from January 1999 to January tations of the Republican leadership money left over for a prescription drug 2000 versus 2.2 percent for general infla- proposal. Again, I am not saying that all Republicans are bad or that they benefit program. tion. The main thing that I keep stressing, are not well intentioned, but the prob- Second item or second major point in and I will continue to stress, is that lem is that the leadership proposal this Families USA report is that over what the Republican leadership has really does not help most Medicare the past 6 years the prices of the pre- come up with is not really a Medicare scription drugs most commonly used beneficiaries. benefit. It is simply a way of sug- This leadership proposal, in my opin- by seniors also increased by twice the gesting that somehow someone is going ion, was developed more for those who rate of inflation. The report finds that to be able to go out and buy some kind sell drugs than those who need them. the price of the 50 prescription drugs of private insurance that will cover The Republican leadership essentially most commonly used by older Ameri- prescription drugs, and there is abso- provided no details of the premium for cans increased by 30.5 percent since lutely no reason to believe that that is 1994, again twice the rate of inflation. the policy, what the basic benefit going to work. It really has nothing to Another point in the report is that would cover or how much it would cost do with the traditional Medicare pro- more than half of the most commonly the Medicare program. That is prob- gram that most seniors are used to see- used drugs that were on the market for ably because it really is not part of the ing and used to having as a guaranteed the entire 6-year period had price in- Medicare program, effectively. benefit. creases that were double the rate of in- The details that are in the Repub- Let me, if I can, now begin by talking flation. lican leadership’s outline, which is con- about the Democrats and what the In addition, the Families USA report sistent with proposals supported by the Democratic proposal is that we have concludes that more than 20 percent of pharmaceutical industry, raise a lot of set forth as a party here in the House. these prescription drugs increased in serious concerns, and I just wanted to I would just briefly mention the prin- price by 3 times the rate of inflation mention three. ciples that the Democrats have put for- over that same time period. First, covering prescription drugs ward as part of their Medicare prescrip- Fourthly, the report shows that sen- through drug-only private insurance tion drug proposal; and then I will iors with common chronic illnesses are plans rather than Medicare, even yield to my colleague, the gentleman though insurers have raised doubts often forced to spend well over 10 per- from Texas (Mr. GREEN), who I see is cent of their income on prescription about their willingness to offer such here. drugs. policies, the Republican leadership as- Lastly, in terms of the key findings sumes that these drug-only insurance b 1815 of this report, it shows that the find- policies are going to be available, and We have said, first of all, that any ings are consistent with the conclu- the insurance companies are telling us Medicare drug benefit has to be vol- sions of studies conducted by the De- that they are not going to be available. untary. In other words, beneficiaries partment of Health and Human Serv- Second, limiting premium assistance can elect prescription drug coverage ices showing that the price differential for basic benefits to beneficiaries with under a new Medicare program. How- for older and disabled Americans with income up to 150 percent of poverty, ever you describe it, it would be part of and without coverage has nearly dou- again I mentioned before $12,600 for a Medicare. You can voluntarily opt into bled. single individual, $17,000 for a couple. it, for example like you do now with So, again, I am giving the statistics; Well, this leaves out millions of unin- Part B for your doctor’s care. and the gentlewoman from Michigan sured and underinsured seniors. Medi- There would be universal coverage (Ms. STABENOW) gave us an example care was promised on the idea that it accessible to all. It has to be for all in- with her letter of a family of seniors would be available to everyone. Why dividuals, all seniors, not just for low- that face the rising cost problem and are we now talking about a prescrip- income seniors. The benefits should be what it means for them. What it means tion drug plan that is only going to designed to give all beneficiaries mean- essentially is that they go without cer- cover certain individuals? This should ingful defined coverage. That means

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.160 pfrm01 PsN: H03PT1 H2498 CONGRESSIONAL RECORD — HOUSE May 3, 2000 that you know beginning at a certain local HMOs or something like that. We Let me pick out two particular date that you are going to have a cer- found that for seniors walking into drugs. If you need Lodine, it is a pop- tain coverage up to a certain dollar their local drugstore, whether it is a ular arthritis drug, it will cost you $38 amount. What percentage you are chain or an individual. if you are a pet for a month’s supply, going to have, what percentage your The next study we did in our district, but if you are a human it costs you $109 copay is, all this is defined. and I think the numbers around the in Houston, the average price in our Next, you have to have catastrophic country may vary, but typically you pharmacies. protection. At some point there has to can say seniors pay double the cost. If you need Vasotec, the 14th most be a guarantee that above a certain We are 61⁄2 hours drive from Mexico, prescribed human drug in 1998, you can dollar amount or a certain level of out- and in Houston people can save almost get a 1 month’s supply for $78, but your of-pocket expenditures, that there half their prescription costs by going pet can receive it for $52. would be some catastrophic protection, to Mexico. The same thing on the Ca- What we had, and we had really a and that coverage would be complete, nadian border. In fact, I know there is fine looking animal at our prescription that you would not have to pay out any a candidate running for the Senate drug event, he was a dog that the more money above a certain amount. that has bus loads of seniors he takes owner got out of the pound, but he Also as a principle, access to medi- to Canada from somewhere up in the looked like he was part German shep- cally necessary drugs, it would guar- northern United States. I had a con- herd and was very good. Lucky was the antee access to all medically necessary stituent that suggested I do that. I said dog’s name. Lucky had asthma, and, as drugs, and the benefit will be afford- it is a much longer bus ride to Mexico we stand here on the floor tonight, it is able to all beneficiaries, the taxpayers, than it is to Canada. tragic that Lucky, even though Lucky with extra help for low-income bene- But the one we released last week is a fine animal and a great pet and ficiaries. Obviously, if we are going to showed that some of the same prescrip- was very docile during our press con- provide a Medicare prescription drug tions that you and I and seniors may ference, that Lucky gets asthma medi- benefit, it has to be a premium that take are also prescribed for pets. cine cheaper than my seniors who were you opt into that is affordable. For Again, oftentimes seniors, humans, pay there watching. It is a tragedy. It those who cannot afford to pay that double what the same prescription is should not happen in these United premium, that that premium is pro- for the pet for the same disease. States. vided and paid for by the government, We met at the Magnolia Multipur- That is what is so frustrating. I know very similar to what we have now with pose Center, we have a great senior cit- that is what is frustrating about what Part B coverage. izen community there, actually it is a we have been trying to do. We have Lastly, to address the issue of price multipurpose center paid by commu- been talking about this for 2 years discrimination, we have as one of our nity block grant money years ago, and now. What we need is some broad cov- Democratic principles that the pro- we found that seniors might want to erage. Whether it is a supplement to gram has to be administered through start taking out prescriptions in their Medicare, we need current coverage. purchasing mechanisms that maximize pet’s names instead of their own. It But we have made the case that in Medicare beneficiaries’ market power. would save them hundreds, maybe even 1965 and 1966 and 1967 there are certain Again, I will go back to what my col- thousands of dollars a year. illnesses today that you can have pre- league from Michigan said before, and I want to thank the Committee on scriptions for that back then required that is that the Medicare beneficiary Government Reform Democratic staff to you go to your doctor, and Medicare should be able to access the discounts who conducted this study, not only in would have paid that doctor, and will that are now available for the large my district, but all over the country, still pay that doctor. But now you can purchasers, such as the HMOs, or some and all three of the studies, and par- keep from going to that doctor by tak- other government plans like the vet- ticularly this last one, the price dif- ing that pill, whether it is blood pres- erans’ plan. ferences between humans and animals. sure pill, whether it is heart medica- With that, I now yield to my col- That third study the committee con- tion, whether it is cholesterol control, league from Texas (Mr. GREEN), who ducted on prescription drugs, it found whether it is depression medication, has again been one of the people who that pharmaceutical companies were and we have checked all these prescrip- has contributed the most to this debate taking advantage of older Americans tions in our district, whether it be and to putting together these prin- through price discrimination. going to Mexico, whether it be going to ciples that we as Democrats believe What we found out was that the third preferred provider, and our seniors pay have to be basic to any Medicare pre- study showed if you are furry and have so much more than any of those cases. scription drug program. four paws, you get a better deal. If you In Houston, when the Houston Chron- Mr. GREEN of Texas. Mr. Speaker, I are a grandpa or grandma, you have to icle covered it and talked about it, in thank my colleague from New Jersey pay top dollar for these same drugs. fact the gentleman from Texas (Mr. for, one, requesting this special order. The committee staff found, and again BENTSEN) did an event that afternoon It seems like we have been doing this these were five pharmacies in our dis- in his district, the response to that by for a good while on the prescription trict that they checked the costs with, the pharmaceutical companies was, medication problems seniors have, but that in some cases the average cost well, those drugs are first developed for not only seniors, but everyone in our was 106 to 151 percent higher than what humans, and that is why they were de- country, but particularly seniors, be- humans pay. It shows that our Nation’s veloped, and then it is maybe a dif- cause of the limited income. seniors are paying not only more than ferent company we license to sell to I know dozens of Democratic Mem- the preferred providers, that we do, and pets. bers participated last week on April I see our colleague here from Maine, we That does not make sense. You are 26th all around the country, I forget if are cosponsors of his bill that would making humans pay for the research it was 60 Members talked to seniors, allow for seniors to take advantage of cost, and I understand these drugs are had different events in their district on that group purchasing like anyone else, not developed for free, they are devel- the problems with prescription drugs, that is free enterprise. We get millions oped with NIH funding, and hopefully and we did one in Houston that we of seniors together and we can get bet- we will continue the increase as we found, in fact this was our third time ter deals for them on the most com- have done for the last few years, but to do a study of prescription drugs in monly used drugs. they are developed with private sector Houston, this time compared to what We found that not only that, but you dollars. But why should pets not have the same prescriptions for their pets can go to Mexico or Canada and get to pay the same, if they are being bene- would be. cheaper drugs. In fact, you can almost fited, why should not the rest of the Our three other studies showed that go anywhere in the world and get people in the world, if these pharma- seniors pay almost double, in some cheaper pharmaceuticals than in the ceuticals are developed with tax dol- cases in fact more than double, than United States. Now we found that even lars from our country, along with pri- what the most preferred purchasers of in the United States, our pets for the vate sector dollars, why should the rest medications would be, like VA or the same prescriptions, can get it cheaper. of the world not have to pay some of

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.162 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2499 the costs for the development, particu- iors, the pharmaceutical costs, the in- b 1830 larly our neighbors in Canada and Mex- surance costs will be so high nobody But I think in particular, if I could ico. can afford it. I have to admit, I have bought pre- So that solution is not a solution. It say to my colleague from Texas, this scriptions in Latin America. I used this may get them through November, they contrast between price, between ani- at our press conference, I have aller- hope, but it is not a solution. We need mals, dogs and cats versus people, is gies. I have had allergies for 25 years, to address this issue this year. We need really dramatic. It really brings home, and whether I am in Houston or Aus- to provide pharmaceuticals at a rea- I think, what this is all about and how tin, Texas, where I served in the legis- sonable cost for seniors. We can use the we have seniors suffering when, at the lature, or Washington, I have allergies. Tom Allen bill that the gentleman same time, we have to try to buy the I know what will solve my problem. If from Maine (Mr. ALLEN) has worked drug for one’s pet, the cost is less. I it is a small infection, I can take on, and a bill from the gentleman from have a cat and she is older and I have amoxicillin. Amoxicillin, by the way, Texas (Mr. TURNER). I think it was one had to go to the drugstore and buy a was one of the few drugs we found that of the first ones we cosponsored. prescription for her, and I have to say, the cost for the pet and the human We have a plan that the gentleman I have never really looked to see what were close. But if I really have a bad and I are cosponsoring that is a Medi- the differential was for the same kind allergy infection, I have to take care addition that would be allowed. I of drug. I am going to make it my busi- Augmentin, which is a better anti- have some questions about how that ness to check on it the next time. I am biotic, much more broad coverage, and will be done still, and the broad cov- sure I am going to find the same thing with Augmentin, the price discrimina- erage for it, but we need to address it would be the case. tion was the same. and we need to address it by having So I thank the gentleman again. hearings in the Committee on Com- I have to admit, I have bought Let me yield to the gentleman from merce, having hearings in the Com- Augmentin and amoxicillin in Mexico, Maine, but before doing so, I just have mittee on Ways and Means, and saying Costa Rica and a number of Latin to say that he has really brought the okay, what can we do to solve this America countries, where you do not whole issue of price discrimination to problem, instead of continuing to bury have to have a prescription. My daugh- our attention. One of the things that I our head in the sand and hopefully the ter, who is in medical school, tells me said earlier which I think is so crucial November elections will get here and I should not self-diagnose, but I say no, is that we do not see any evidence that I have been diagnosed that way for 25 get past. I do not think the American people the Republican leadership bill will ad- years by doctors, so I know what will are going to allow that. I hope the sen- dress this issue of price discrimination, cure it. I realize how cheaper the phar- iors will not allow us to do that. We and it has to be a part of what we do in maceuticals are in other countries need to address it now and we need to the House, and obviously it is part of than in our own country. have a bill here on the floor within the the democratic principles that we put Again, that is a tragedy, because as next 30 days. We have been signing a together as a party on the Democratic we stand here tonight we know we have discharge petition, and we are still side. So I yield to the gentleman. seniors who say I cannot take that working on getting our magic number Mr. ALLEN. Mr. Speaker, I thank blood pressure medication as the doc- of 218. So I do not know how many are the gentleman for yielding. I appre- tor prescribed because I cannot afford on there that are our Republican col- ciate the gentleman’s leadership in it, so I am only going to take half the leagues, but I can tell you it is prob- pursuing this issue as long and as hard prescription now. Or they go in, and I ably 10 to 1, maybe 20 to 1, Democratic as he has. One of the things I am re- heard it earlier, someone will go in and signatures. We need to have that bill flecting on today is I can no longer say, a senior will go in and get the bill on the floor. count the number of times that the for the pharmaceutical and say I can- I would like it to go through the gentleman from Texas, the gentle- not afford it, and they will walk out of process. We have a legislative hearing woman from Michigan, the gentleman that drugstore without getting that process. Let us have the hearings and from New Jersey and I, and others on pharmaceutical filled. That happens to put all the bills there and have testi- the Democratic side, have been down people in our own districts that are not mony on them, and let us have the give here pounding away on this issue try- seniors, but it is tragic that it happens and take, so that we have at the end of ing to build enough support around the to seniors who have paid their dues, the day, at the end of this Congres- country and in this House to get some who have built this country, who are sional session, we need to have a pre- action. the greatest generation, as we know, scription drug benefit for senior citi- and yet they do not have the access to I think back to the first study that zens that is fair, that is cost effective, was done in my district in Maine in some of the greatest generation’s ac- and it will keep them from having to complishments in the last 30 years in July of 1998, which showed that seniors, make those tough decisions on whether on average, pay twice as much for their pharmaceuticals. they are going to have heating in the I want to thank the gentleman as the medication as the drug companies’ best winter or air conditioning in the sum- customers, the big hospitals, the HMOs Chair of our Democratic Health Care mer in Houston, or whether they are Task Force and the effort he is doing. and the Federal Government itself, going to take their prescription medi- through Medicaid or through the VA. I enjoy serving on the task force, but cation. That is wrong, and we need to also our Subcommittee on Health and We have been back over and over again. address it. Most recently, on April 26, a number of the Committee on Commerce. I would Again, I thank the gentleman for his us did another study, held events like to have some hearings in our Com- leadership on this. mittee on Commerce on this. That is Mr. PALLONE. Mr. Speaker, I thank around the country, because we know what we are here for. We can have the gentleman. I appreciate the fact that the only way we can break hearings on prescription drug benefits. that the gentleman and, of course, our through the clutter of all the other Now I know my Republican col- other colleague, the gentleman from news and all of the things that Ameri- leagues have a plan, and my concern Maine (Mr. ALLEN), who I will yield to cans have going on in their lives to get about that plan is that they want us to next, because you are from States that this message home is to do coordinated provide where we could go down and border in your case on Mexico and his events and try to get the message buy health care coverage only for pre- case on Canada, that you have tonight home. scriptions. Well, it is kind of like what made your constituents and really the What I did in Maine was take another I heard the example was, it is kind of Nation aware of this price discrimina- look at this problem of price discrimi- like health care for seniors, that is why tion that exists, in this case across the nation. What I did was to do a breast we had to have Medicare. Every senior border, and, of course, the gentleman cancer study, to look at the 5 drugs is going to have to have prescriptions. from Maine has been talking about it that are most commonly prescribed in If you have insurance it works where here in terms of most seniors not hav- Maine to deal with women, to help you spread the risk. But if you do not ing access to these discounts that the women who have breast cancer. We have people to spread it to with sen- larger groups provide. have done the

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.163 pfrm01 PsN: H03PT1 H2500 CONGRESSIONAL RECORD — HOUSE May 3, 2000 study that shows seniors pay twice as Now, we are going to enter into a pe- bad today, it is going to be much worse much as the drug companies’ best cus- riod here where we have a debate over in just one year. And so we need to tomers; we have done the study that competing health care plans. But basi- enact legislation this year that pro- shows that Mainers pay 72 percent cally, there is a fundamental difference vides a discount, that provides a ben- more than Canadians and 102 percent between what we Democrats are pro- efit, that allows the Federal Govern- more than Mexicans for the same drug posing and what the Republicans are ment to negotiate lower prices, to in the same quantity from the same proposing. make sure we have some control over manufacturer, and we did the animal What we are saying is simple. We some pressure on price of the pharma- study that the gentleman from Texas have to drive down the cost of prescrip- ceutical industry. (Mr. GREEN) was referring to which tion drugs for seniors who simply can- If we do not do that, basically we will shows that when drugs are sold to not afford to pay for their medication. have one of those proposals that in the pharmacies for human use, the charge There is no reason why Medicare real world will not work, that is de- is 151 percent more than when the same should not do what United and Aetna signed to help the pharmaceutical in- drug is sold to veterinarians for animal and Cigna and the Blue Cross plans do. dustry before it really helps seniors. use. They negotiate, they negotiate lower And I think it is the wrong way to go. Why is this? Well, basically, it is sim- prescription drug prices for their bene- Clearly, the Democrats, the folks on ple. The pharmaceutical industry ficiaries. Why should Medicare not do this side of the aisle, believe that as charges what the market will bear. the same? That is basically what my well. They squeeze as much as they can out legislation does, the Prescription Drug of the people that they are selling pre- Fairness for Seniors Act. But a dis- Mr. Speaker, I notice our friend and scription drugs to, and the people in count is not enough. We also need a colleague, the gentleman from Arkan- the largest health care plan in the benefit. A benefit under Medicare that sas (Mr. BERRY), has come here; and I country, which is called Medicare, will help people pay for their prescrip- can say no one in this caucus has done those people, 37 percent of whom have tion drugs, because this will not help more for the cause of reducing pre- no coverage for their prescription people who still cannot afford the high scription drug prices for seniors than drugs, they pay the highest prices in cost of their medication. So we need the gentleman from Arkansas, and I the world. just want this chance to thank him for So in short, basically, it is very sim- both approaches. What we have seen from the Repub- that. ple: the most profitable industry in the lican side is basically this: proposals Mr. PALLONE. Mr. Speaker, I want country charges the highest prices in that first protect the profits of the in- to thank my colleague, the gentleman the world to Americans who can least dustry, and only second, try to help from Maine (Mr. ALLEN). And one of afford to pay those prices, including America’s seniors. Why do I say that? the things that you stress, and I think many of our seniors; also, as the breast The Republican plans emerging from it is so important, because we did have cancer study showed, including women the other body and, also here, basically our Republican colleagues on the other who have breast cancer. What we found side precede us this evening, and what is that those women who do not have involve a subsidy to seniors to buy pri- they said sounded wonderful, and I am health insurance for their medication vate health insurance for prescription convinced, of course, that they are pay 102 percent to 106 percent more drugs. Well, there are two problems with well-intentioned, but the bottom line is than the drug companies’ best cus- that. There is no way to hold down that the Republican leadership pro- tomers for those breast cancer medica- costs if we are going to rely on private tions. posal is illusionary. It is not going to For example, Tamoxifen, the most prescription drug insurance. They are really help the average senior citizen. frequently prescribed breast cancer not able to do it internationally, and That kind of hoax, if you will, even if medication, costs uninsured Maine they are not going to be able to do it it is not intentional, I do not believe women 53 to 72 percent more than the here. that it is, is not fair. drug companies’ best customers. That But there is a second more funda- They are crying out for relief. They comes to between $1,800 and $2,500 more mental problem. The Health Insurance need attention. They are having prob- each year. Bristol-Myers Squibb Association of America has made it lems buying prescription drugs, and charges its favored customers $39.60 for very clear that the industry will not they tell us about it every day. This is a 1-month supply of its hormone ther- provide stand-alone prescription drug real. We just cannot stay here in the apy medication, Megase. The same 1- insurance for seniors. Why? Because in Congress, in the well here and say that month supply costs an uninsured the words of the executive director, it we are going to do something when we Maine woman $174.28. That is a 340 per- is like providing insurance for hair- are not, or certainly something that is cent markup. It is also an additional cuts. Everybody is a claimant. not going to be meaningful for them, $1,600 each year that she will have to We have to have some pressure on because this is such an important pay out of her own pocket. price. Someone has to sit across the issue. In 1960, 1 in 14 American women were table from the pharmaceutical industry and negotiate lower prices. A plan I did want to yield to my colleague, at risk of developing breast cancer. the gentleman from Arkansas (Mr. Today, that same number is 1 in 8 that does not do that is a plan that is BERRY). He also is one of the cochairs American women. Breast cancer is the not going to make drugs affordable both for seniors and for the taxpayer. I of our Health Care Task Force; and we, most common form of cancer for Amer- of course, have put forth this state- ican women. In 1997, the National mean, let us face it. If we are going to ment of Democratic principles about Breast Cancer Coalition estimated that spend money, Federal money for a ben- what we think a prescription drug plan 2.6 million American women were liv- efit, we want to make sure we are get- should consist of, and he has been tre- ing with breast cancer: 1.6 million who ting a good deal for the taxpayer. That mendously helpful in putting that to- had been diagnosed and 1 million who is what Democrats are standing for, gether as we proceed to try to get leg- did not know they have the disease. and that is not what would happen Now, what we found is that uninsured under the Republican proposals. islation passed in this Congress over Maine women who do not have cov- Let us step back and look at this the next few months while we are still erage for their breast cancer medica- other problem. If the private health in- here. I yield to gentleman. tion are basically facing a pharma- surance industry is not going to pro- Mr. BERRY. Mr. Speaker, I want to ceutical industry which has enormous, vide stand-alone prescription drug cov- thank my distinguished colleague, the enormous power. Our friend and col- erage, what are we talking about? gentleman from New Jersey, (Mr. league, the gentleman from Vermont What we are talking about is an illu- PALLONE) for his leadership in all (Mr. SANDERS) has found that a sion, cover, a program that is never health care matters, Patients’ Bill of month’s supply of Tamoxifen that going to take effect in the real world. Rights, prescription drugs, all other costs an uninsured Maine woman be- That is not what seniors need. Seniors health care issues that we have dealt tween $88.50 a month and $99.50 a need help; they need it now. with since I have been in the United month can be purchased in Canada for Mr. Speaker, spending on prescrip- States Congress. He has done a great $12.80. This is a national scandal, and it tion drugs goes up 15 to 18 percent job and I appreciate him; and I also say needs to end. every year. If you think this problem is that to my colleagues,

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.165 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2501 the gentleman from Maine (Mr. country are charging them far more Finally, Mr. Speaker, I will say there ALLEN), who has also provided great than they charge anyone else in the is broad support for what I have out- leadership on this prescription drug world, and they just simply cannot af- lined and what my colleagues have out- issue, along with the gentleman from ford it. And we, as a Nation, cannot af- lined tonight amongst Democrats in Texas (Mr. TURNER). ford it anymore. Mr. Speaker, I beg my the House of Representatives and in Mr. Speaker, I am on the floor this colleagues to take this opportunity to the Senate. All of these criteria about evening, because, quite simply, the pre- do something about it. what this prescription drug benefit scription drug manufacturers in this Mr. PALLONE. Mr. Speaker, I thank should include have been incorporated country are ripping off the American the gentleman, and I think that he into the Medicare drug benefit plan people, and even worse, they are rip- really brings home this whole issue of that President Clinton has proposed. ping off the senior citizens of this price discrimination and that is really But Democrats are not in the major- country. It is absolutely unbelievable what goes on and the heart of what our ity in either House of the Congress. We that, as a Congress, we allow this to go constituents’ concerns are. They say it need the support of Republicans on a on day after day after day. to us every day. bipartisan basis if we are to succeed. I In the district that I am fortunate We had 2 weeks back in the district heard my colleagues on the other side enough to represent, I never stop and the last 2 weeks, and I just heard it so of the aisle say that they want to pro- visit anyone that this issue does not many times over and over again. And I vide a meaningful benefit. And my goal come up, that we do not have to talk do not think it matters where we are, really, and the goal of us collectively, about the fact that we have senior citi- Arkansas, New Jersey. Wherever we is to convince the Republican leader- zens that have to make a decision on a are, we just hear so many seniors that ship to buy into these same principles daily basis whether or not to buy some- tell us that the costs are just too exor- that the Democrats have put forward thing to eat or to buy their medicine. bitant, that they cannot pay them. so that we can provide seniors with the Mr. Speaker, I thank the gentleman This is a situation that we cannot care they need to live out their golden for all his help in helping us put to- allow to go on. years with the dignity that they de- gether the Democratic principles in the Mr. Speaker, I come from a small serve. I do not want any more of my plan that we have been developing. town. If we had someone in that small Mr. Speaker, I know that I do not constituents coming up to me at any town going door to door, stealing from have a lot of time left; but I wanted to, point and saying that they have to senior citizens, taking the money out if I could in the time that I do have, to make a choice between drugs and food of their pocket, throwing them into basically outline what the Democratic or drugs and other necessary services. such economic circumstances that they position is. f were not able to buy food or stay alive Democrats believe that in order to because they did not have the money develop a meaningful Medicare pre- CONGRESS MUST CAREFULLY to buy their medicine, we would go find scription drug benefit, two crucial WEIGH TAX CUT PROPOSALS that person, and we would lock them characteristics of the prescription drug The SPEAKER pro tempore (Mr. up, I hope; but at the very least we marketplace for seniors have to be rec- would stop it from happening. REYNOLDS). Under the Speaker’s an- ognized. nounced policy of January 6, 1999, the Yet we are allowing the prescription The first is that the high cost of pre- gentleman from Iowa (Mr. GANSKE) is drug manufacturers in this country to scription drugs is not a problem exclu- recognized for 60 minutes. continue to go into our citizens’ homes sive to low-income seniors. Millions of Mr. GANSKE. Mr. Speaker, times on a daily basis and create this situa- middle-class seniors are feeling the ef- could hardly be better. We are in the tion, and they are doing it legally. fects of excessive prescription drug longest business expansion in our Na- Americans are just simply over- costs as well. charged for these products, and it is And the second is the price discrimi- tion’s history. The economy is boom- not right. The taxpayers of this coun- nation that seniors without health in- ing. Companies are reporting solid try pay for the research and develop- surance are subject to when purchasing profits. Orders for durable goods were ment, most of it that takes place pharmaceuticals. I think tonight my up 2.6 percent in March, and the Com- through grants, through tax credits, colleagues outlined the problems with merce Department has reported first through various other mechanisms the costs and the problems that so quarter GDP grew by 5.9 percent. Mr. that we make possible. These same many seniors are having now in terms Speaker, that is after growth in GDP companies have the lowest taxes on of their ability, or their inability, to at 7 percent the previous quarter. their profits of any companies in the purchase medicine or prescription Unemployment is at record lows. country. drugs. Welfare rolls are down 50 percent or Americans pay for this research that But the bottom line is that a Medi- more around the country, thanks to the whole world benefits from; and yet care drug benefit should be offered to work requirements and job training we are charged two to three times as every Medicare beneficiary, and it and the welfare reform bill that Con- much for these products as any other should be voluntary and affordable. gress passed a few years ago, and, yes, nation in the world. It is just simply Seniors who have coverage they like also thanks to a very strong economy. not fair, and it is time the Congress should be able to keep that coverage. Last year, Congress paid down more does something about it. Seniors who have no coverage at all, or than $130 billion in national privately When you have something that is inadequate coverage, should be able to held debt. And we did not use the So- this unfair, it is the job of the United get the coverage they need. Low-in- cial Security Trust Fund to fund our States Congress to step in and do some- come seniors should receive subsidies appropriations. thing about it. for the cost of benefits, including com- Part of the economic boom is due to Mr. Speaker, I beg my colleagues this plete subsidies for those with the least the consumer perception that Con- evening to recognize this problem and ability to pay. gress, despite all our battles with the do the right thing. We have just seen in In addition, Democrats say that the President, has kept spending down. At the last few months a great uproar in coverage should consist of a meaning- the same time, the increased govern- this country over whether or not a ful, defined benefits package, including ment revenues have allowed for signifi- young man from Cuba would be sent guaranteed access to medically nec- cant increases in funding for education, back to be with his father, whether he essary drugs. It must provide so-called health care research, and law enforce- would stay Here. catastrophic coverage for seniors with ment. And despite a rash of rampage excessive drug costs, and it must be ad- shootings at workplaces and schools, b 1845 ministered through a purchasing mech- about which I will talk more in a little We are all concerned about that situ- anism that maximizes the purchasing bit, better law enforcement has led to ation. That situation pales in compari- power of Medicare beneficiaries. By lower crime, including violent crimes son to the hardship that our senior doing so, the program can reduce the like armed burglary. citizens are put in every day because of costs of drugs to seniors and make the But the good economy helps keep prescription drug companies in this benefit affordable to the taxpayers. crime down too, if only because having

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.167 pfrm01 PsN: H03PT1 H2502 CONGRESSIONAL RECORD — HOUSE May 3, 2000 a job helps reduce domestic tension. In- difference to my constituents because Mr. Speaker, I also want to talk deed, we have almost an economic mir- of party positioning either. briefly about three health matters: vio- acle going on. The wealth of the 50 per- So why did I vote for the $250 billion lence in schools, children smoking to- cent or more of Americans who invest tax cut instead of the larger tax cut? bacco, and HMO reform. Let us talk in the market has grown considerably. By the way, Mr. Speaker, the tax cut I first about school violence. In testimony before my committee, voted for made permanent the Re- SCHOOL VIOLENCE Alan Greenspan, Chairman of the Fed, search and Development Tax Credit Mr. Speaker, we are just past the 1- attributes this remarkable economic which the larger tax cut neglected. So year anniversary of the Columbine story to the fruits of increased effi- why did I make that vote? High School shooting in which two ciencies due to computer technology Exactly, Mr. Speaker, because the high school students killed 12 fellow investment and also to Federal budg- economy is so superheated right now. students, a teacher and themselves. etary restraint. Throwing a $785 billion tax cut, a tax Columbine, unfortunately, is not an It is true that the gap between the cut of that size, on this economy would anomaly. There have been school average wage earner and his boss has be like tossing gasoline on a bonfire. shootings in Moses Lake, Washington; increased dramatically, primarily be- Chairman of the Fed, Alan Greenspan, Springfield, Oregon; Olivehurst, Cali- cause of new wealth creation at the in testimony before my committee fornia; Bethel and Jonesboro, Arkan- top. Bill Gates is just the prime exam- made it clear that in the interest of sas; Edinboro, Pennsylvania; Grayson ple. sustained economic growth, he is going and West Paducah, Kentucky; Fayette- But new data also shows increases in to raise interest rates. Can my col- ville, Tennessee; Conyers, Georgia; average wages starting to rise. How- leagues imagine what the interest Pearl, Mississippi. rates would be today had that larger ever, the average level of savings for b 1900 wage earners in this country is very tax cut become law last year? I think low. We need to do more to help all we would have seen interest rate in- Well, Mr. Speaker, public action can Americans become wealthier. It would creases twice as large. make a difference. Increased cops on be enlightened public policy, especially Mr. Speaker, I do not need to tell my the beat, keeping guns out of the hands of felons, and longer jail terms for vio- with baby boomer retirement starting colleagues, I do not need to tell the lent criminals have helped lower crime. in 2011, at which time a baby boomer people back in Iowa what a prime rate 1 Yet even though some types of crimi- will retire every 8 seconds, if the Gov- 1 ⁄2 points or 2 points higher than it al- nal behavior such as burglary have de- ernment would facilitate personal in- ready is after Mr. Greenspan’s quarter creased, the Littleton massacre was vestment accounts. But I digress. point increases, what that would be one of only 13 rampage attacks last The economy is great, and we can all doing to the economy. year; and we have already seen several be very thankful. The strength of the We are already starting to see the effect of those smaller interest rate this year. economy is going to determine how It is a sad fact that multiple murders much Congress will be able to do in hikes. Look at the volatility of the markets. Just the other day I asked a at work and at school are becoming many areas, including a potential pre- commonplace news stories that barely scription drug benefit. I would argue businessman in Des Moines, How are things going, Jim? Great, he replied, shock us. What can we do to prevent not just for senior citizens, but some- but the increased interest rates and re- these rampage killings? Well, there is a thing we ought to consider for all duced consumer confidence in the mar- tangle of cultural, psychological, and Americans. ket are really starting to affect our medical factors that I think leads to However, Mr. Speaker, it is impera- these events: higher divorce rates, pa- tive that Congress not muck up this home sales. Mr. Speaker, I think we need to be rental abuse in some cases, poor im- great economy. The Dow was down 250 very careful with congressional action pulse control stemming from violence points today. The Dow is off 1,500 that can affect the economy. We should on TV and the movies, lack of access to points from its high this year. That is be very careful not to rock this boat mental health services, and a general almost 13 percent, amid rumors that too much. sense of isolation and alienation from Mr. Greenspan is going to larger inter- Yes, we can safely do a modest tax other people. est rate increases. cut, as long as we keep some control of The decline of the traditional family Mr. Speaker, since we just paid our spending. And when we factor in cost of may be the most important factor. income taxes, I want to talk for a living increases and average emergency However, there is a common thread to minute about tax cuts. Last year, I was funding for things like droughts and the children and adults who commit one of only four Republicans who voted hurricanes, that $2 trillion surplus that multiple murders. They are almost in- against the congressional leadership’s everyone talks about shrinks to about variably mentally ill. They may be $785 billion tax cut. That was a very $600 billion over 10 years, and that is schizophrenic, maybe they are just tough vote for me, because I fundamen- over if the economy continues to do sociopathic; but they almost always tally consider taxes to be my constitu- well. are depressed and suicidal. ents’ money and not Washington’s I believe the time for a really big tax The two Columbine students care- money. cut is when the economy needs a stim- fully planned their own deaths for It was no secret the Chairman of the ulus, not when it may actually need a nearly a year. John Stone, the Jeffer- Committee on Ways and Means, the little Ritalin. son County Colorado sheriff had it gentleman from Texas (Mr. ARCHER), What should we do yet this year? right. He said, ‘‘They wanted to do as who I respect very much, originally Well, Congress passed and the Presi- much damage as they possibly could wanted to introduce a much smaller dent signed a $250 billion tax cut in and then go out in flames.’’ and more focused tax cut. But, Mr. 1997. I hope that by the end of this Case studies of rampage killers have Speaker, the Senate got involved. Well, year, we could actually get signed into shown that they typically leave warn- I will have more to say about that body law about $250 billion in tax cuts that ings of suicide and violence long before a little later in this speech. would increase health insurance de- they shoot to kill. But they do not get Now, on that vote I could have taken ductibility and address the marriage the help they need. If we are going to the easy way out, and I could have tax penalty. Beyond that, Mr. Speaker, address the growing incidents of ram- voted for a tax cut, knowing that I think we should wait and see how the page shootings, we must devote time President Clinton would veto it. But I economy does in 2001. and resources, both public and private, will tell my colleagues something, the There is nothing wrong with doing a including personnel, including taking day I start voting on this floor politi- responsible tax cut every few years. some responsibility ourselves back in cally rather than on the merits is the But we must be prudent and careful, our communities with individuals to day I had better stay home. and we should keep our fingers crossed identify and treat the mental health I did not vote on President Clinton’s that Congress and other fiscal policy- conditions that lead to that destruc- impeachment because of partisan poli- makers can bring this big roaring tive murderous behavior. tics, and I will not vote on important jumbo jet of an economy to a safe and It is also true that these isolated de- economic matters that make a lot of sustained landing. spondent people have more lethal

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.169 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2503 means at their finger tips than ever be- 1,000 of that 3,000 that started smoking how the tobacco companies play to fore. In the largest survey on gun stor- today will die of a disease related to keep. I would highly recommend it to age ever taken, the American Journal smoking tobacco. Each year in this all my colleagues. of Public Health recently reported that country, over 400,000 people die of Well, what did those internal tobacco more than 22 million children in the smoking-related disease. documents show? It showed that they United States live in homes with fire- Prior to coming to Congress as a sur- knew that the earlier one can get arms. In 43 percent of those homes, the geon, I took care of many of these peo- somebody hooked on tobacco, the hard- guns are not locked up with trigger ple. I have held in my hands lungs er it is for them to quit. That is why locks. And this statistic is mind bog- filled with lung cancer from somebody they targeted kids. They wanted to get gling because some 1.7 million children who smoked. As a reconstructive sur- those 11-, 12-, 13-, 14-years-olds hooked live in homes today where guns are geon, I have had to remove portions of on tobacco, so they came up with Joe kept unlocked and loaded. people’s tongue and lips and jaws and Camel. They came up with things like, In 1997, 4,207 children and teenagers neck because they either smoked or remember all those inducements to were killed by guns. Guns are the medi- chewed tobacco. Then I have had to try products that one could get with Marl- cine of choice for suicidal use. More to put them back together. boro on it, or Joe Camel on it. than two-thirds of boys and more than Heart attacks. Smoking is the lead- Well, here is a chart that maybe has one-half, more than 50 percent of girls ing preventable cause of heart attacks a little different spin on the type of who kill themselves use a gun. The or strokes in this country. The list product that maybe a tobacco company rate of suicide deaths from guns for goes on and on. There are like 20 dif- should really be offering. It says the those 14 and under in the United States ferent types of cancers that are caused more one smokes, the more cool gear is nearly 11 times that of the next larg- by smoking. one will earn. Then it has an all-ex- est 25 industrialized countries com- Peripheral vascular disease. I am also pense paid trip to the cancer clinic of bined. board certified in general surgery. In one’s choice. It has got here a deluxe Many, including Members of Con- my training I have taken care of many carrying case, which is a coffin. I really gress, are trying to find solutions to people who no longer have any circula- like this one. A sport defibrillator for this problem. Just this past month, I tion left in their legs because of ath- one’s smoking. Or how about when one and 357 other Members of this House erosclerosis caused by smoking. goes on one’s hikes, with all those voted to spend $100 million in block In Des Moines, we are starting to see points from purchasing those ciga- grants to States that choose manda- now billboards that are like these. Here rettes, one can get a portable res- tory jail sentences for gun crimes. is one, the Marlboro Man. At the top, pirator. Mr. Speaker, I expect Congress to in- this one is on Fleur Drive on the way We need to talk about the truth. crease appropriations to the Federal in from the Des Moines Airport. It There are over 1 million high school agencies that prosecute felons who buy says, ‘‘Bob, I have got emphysema.’’ boys who are chewing tobacco today. guns. But this is what I really hope for: This billboard is on I–235 coming into What did those tobacco companies do? I hope that we increase funding to Des Moines from the east side. Two Well, first of all, they reduce the nico- treat the mentally ill. cowboys riding along there, and one tine because they do not want to make Mr. Speaker, it is noteworthy that says, ‘‘I miss my lung, Bob.’’ those boys sick and green from too the woman who helped the Columbine Here we have got the Marlboro Man, much nicotine. So they reduce it. They high school shooters obtain some of who by the way, did my colleagues flavor it in just the flavors the re- their guns had said it was too easy. She know that the Marlboro Man died of search that they do that makes it taste has urged closure of the loophole that lung cancer. Before he died of lung can- great to get those kids hooked. Once allowed her to buy the guns at a gun cer, he came out and made commer- they get them hooked, they increase show without a background check. cials against smoking tobacco. This the nicotine to really get them hooked. Congress should listen to the public one says, the cowboy is talking to his Well, here is a chart. As I said, what this year. A recent poll shows that 88 horse, ‘‘Chemotherapy scares me, happens when one chews tobacco? We percent of the public supports a change Scout.’’ have not had spittoons around here for in the law to require a person attempt- Well, I introduced a bill about 2 a long time. Well, one keeps that wad ing to purchase a handgun at a gun weeks ago that would give the FDA au- right there next to one’s gum, and show to wait 3 business days. And this thority to regulate tobacco and nico- pretty soon one is going to have is the important proviso: if the instant tine. The gentleman from Michigan mucosal lesions, and those mucosal ul- background check on that person (Mr. DINGELL) is my Democratic co- cers and sores turn into cancer, and shows an arrest record. Let me repeat sponsor on that bill. It is not a tax bill. then one loses one’s lip and one loses that. If an instant background check It would not increase the price of a one’s jaw. on a person who wants to buy a hand- pack of cigarettes. It is not a liability So this is how to ask for some chew gun shows an arrest record, 88 percent bill. It does not deal with the right to after the doctors remove one’s tongue. of the public supports a change in the sue. It does not have anything to do If one chews tobacco, one can get oral law to require that person to wait 3 with the State settlements. It is a real cancer, one can lose one’s lip, one’s business days until they are fully simple bill. tongue, one’s cheek, one’s throat. So checked out, to make sure that one is It would give the FDA the authority for somebody who wants to keep smok- not selling a gun to a criminal who to regulate nicotine, which, according ing and chewing, they better learn sign should not get it. to the tobacco companies’ own docu- language. This shows us how to ask for Mr. Speaker, more than two-thirds of ments, show that it is an addicting chewing tobacco. It says, ‘‘chewing to- the public think that a trigger lock substance with nicotine being as ad- bacco, please.’’ dictive, if not more addictive, than should be attached to all stored guns. b Tragically, we are going to see more morphine and cocaine. 1915 rampage shootings unless we reach out I mean, why is it so hard for people, And if that is not enough to bother and help those mentally disturbed especially when they start smoking my colleagues on both sides of the youths and adults, and unless we also young, to quit smoking? It is because aisle, remember I mentioned how to- address the easy availability of the nicotine is really addicting. Just this bacco causes atherosclerosis? This is a guns they use to kill themselves and week, I rented a movie. It is a movie photo of a billboard that is in Cali- kill others. with Al Pacino in it; it is called The In- fornia. Why am I not surprised it is Mr. Speaker, let us talk for a minute sider. I would highly recommend that California? It probably is especially ef- about the number one public health everyone watch this movie. It is about fective in California because what it issue facing Americans today, the use how Jeffrey Wigand, who was the chief says is, and here we have a gentleman of tobacco. tobacco scientific investigator for with a droopy cigarette, it says ‘‘recent Mr. Speaker, each day 3,000 kids start Brown & Williamson, decided to give medical studies indicate cigarettes are smoking in this country. One thousand his story to 60 Minutes. It is a riveting one of the leading causes of impo- of those kids, those under the age of 18, story. It will tell my colleagues just tence.’’ I can hardly wait. Maybe the

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.171 pfrm01 PsN: H03PT1 H2504 CONGRESSIONAL RECORD — HOUSE May 3, 2000 tobacco companies are going to com- phoned the HMO’s 1–800 number saying search and Educational Trust study bine Viagra now with nicotine. I have to take Jimmy to the emer- done last year, there is overwhelming Mr. Speaker, I now have about 65 bi- gency room. Fine, they said, but we employer support for patient protec- partisan cosponsors to the FDA To- will only authorize one hospital, and tions. We are talking about payment bacco Authorities Act. I encourage all that was 70 miles away. And little for emergency department visits. my colleagues to join on to that. This Jimmy had an arrest in the car before Eighty-five percent of small firms is a bill that, as I said before, is not a he got there. Somehow they managed think that Congress ought to pass a tax increase, it is not a litigation bill, to save his life, but they did not save law that does that. Large firms, 69 per- it is a real simple bill. It would allow all of him. And because that HMO cent; the general public, 76 percent. So the Food and Drug Administration to made a medical decision, because they employers support that even higher implement those 1996 regulations did not say just take him to the near- than the general public. which were directed specifically to pre- est emergency room but said they How about on the issue of a denial of venting tobacco companies from mar- would only authorize her to go to their care, where an individual goes to an keting and targeting children to get emergency room, which was a long, independent appeals process? Small them smoking. That is what it is long ways away, they contributed to firms, according to this Kaiser Family about. Let us pass this. Let us do not his cardiac arrest by that decision. Foundation study, supported that pro- get bogged down like they did a couple That was a medical decision. And it revision for Federal law to the tune of 94 of years ago. sulted in this little boy losing both percent; large firms, 79 percent; the The Supreme Court just ruled 5 to 4 hands and both feet. general public, 83 percent. that Congress needs to give the FDA We have been working on patient Now, on the issue of enforcement, on explicitly that authority. But if we protection legislation now, my col- the right to sue, small firms, the em- read Sandra Day O’Connor’s final para- leagues, for 5 years. It is time that we ployers who own these small firms, 61 graphs in her opinion, she practically come together and get something to percent support that provision. Why? begs Congress to give the FDA that au- the President’s desk that he will sign. Because they have got the same policy thority. We should do that. Now, in light of the fact that very lit- as their employees and they have seen Mr. Speaker, I want to finally speak tle progress is being made in the con- their employees abused by HMOs and for just a few minutes about HMO reference, and I should point out that of then have no recourse. They do not form. Mr. Speaker, it has been 6 the Republican conferees that were ap- think that is right. That is almost two- months since this House passed, 275 to pointed to this conference from the thirds. That is almost two out of three 151, in a bipartisan vote, a bipartisan House, 13 or 14, only 1 actually voted employers of small businesses. And the managed care consensus, the Managed for the bill that passed the House. And general public feels even stronger Care Reform Act, the Norwood-Dingell- the two Republican authors, the gen- about that; 70 percent on that. Ganske bill. Six months. The Senate tleman from Georgia (Mr. NORWOOD) That is why I think that some of the had already passed their bill and they and myself, the authors of the bill, Washington lobbyists are not even rep- have been in conference. And where are were not even named as conferees. We resenting the wishes of their own con- they going? Nowhere. That is why are not on the conference. We wrote stituents back home. today President Clinton invited the the bill which passed the House 275 to This report reveals the extraordinary conferees down to the White House to 151, but we were not named to the con- range of pressures that Senate leader- see if they could get something moving ference. ship has deployed to keep reluctant Re- on this very important issue. Well, I would refer my colleagues to publican Senators in line. And based on Why is this issue important? This a timely new investigative report that this new analysis of political contribu- issue is important because, for in- documents how campaign cash, par- tions that is in this report, the report stance, the HMOs are able to, under ticularly unlimited soft money con- lays bare the financial ties that bind Federal law, deny repair of this baby tributions, has cemented an alliance the iron triangle of pro managed care with a cleft lip and palate as medically between pro managed care interests contributors, their lobbyists, and Sen- unnecessary. More than 50 percent of and Senate leaders that has thwarted ate leadership that has worked in con- the reconstructive surgeons in this strong new patient rights protection cert against strong patient rights legis- country within the last 2 years have that is supported by the majority of lation. Senate leadership represents had cases like this or related to this Americans. This is in a report on the the last bastion of HMO resistance to birth defect denied by HMOs. These are Internet, so I will give the address: public regulation of HMOs, which most real people that are affected. http://www.citizen.org/congress/reform/ Americans blame for decreasing the We are all familiar with the young hmo-senate.htm. quality of health care. lady who about 70 miles west of here My colleagues need to read this re- In 1998, Senate leadership prevented fell off a 40-foot cliff, broke her skull, port. Drawing on interviews, according the Senate from even considering the broke her arm, fractured her pelvis, to this report, with key lobbyists, Cap- Patient’s Bill of Rights. In 1999, they had to be air flighted in to the emer- itol Hill staff and written sources, the steered a weak patient rights bill gency room and then her company re- report details the intimate working re- through the Senate by a narrow mar- fused to pay because she had not lationships between two top managed gin. Only 2 months later, the House of phoned ahead for prior authorization. I care trade associations that are major Representatives, as I have said, passed mean, like she was supposed to know contributors to the majority party in a strong bill. But, today, one of those ahead of time she was going to fall? Or the Senate. Senate leaders chairs the House-Senate maybe when she was on a morphine We are talking about the Blue Cross/ conference, and he often makes pessi- drip in the ICU she was supposed to Blue Shield association and the Na- mistic statements on the outlook. He make the phone call? Come on. tional Federation of Independent Busi- recently told Congressional Quarterly At least that young lady got better. nesses. Now, I want to hasten to say magazine, ‘‘It’s not a high probability This woman did not. This woman had that my voting record with the NFIB to even have a successful conference.’’ care inappropriately denied by her has always been good and we share While his pro managed care allies fight HMO and she died. Her children and her many goals. But on this issue the NFIB to kill any legislation. husband are now without their mother lobbyists here in Washington are wrong Here are some of the report’s high- and wife. This story was profiled on the and, in my opinion, are not rep- lights. Let me repeat this again. This front page of Time magazine, if my col- resenting the desires of their own NFIB report is in http://www.citizen.org/con- leagues want details. Talk about HMO members back home. gress/reform/hmo-senate.htm. Here are abuse. I have met with NFIB members back some of the highlights of this report: Now let us talk about this little boy. in my State, and overwhelmingly they Members of the pro managed care, This little boy, 6 months old, tugging tell me they support our patient pro- this is the HMO organization, the at his sister’s arm, was sick one night, tection legislation. And that is borne health benefits coalition, have given a temperature of about 104, 105 at about out by this: According to a Kaiser more than $14 million in campaign con- three in the morning. His mother Family Foundation and Health Re- tributions to the majority party and

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.174 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2505 its candidates since 1995. That is about Or how about the senior mouse sen- FEDERAL RAILROAD ADMINISTRA- 80 percent of their total, according to ator from Arizona who tried to work TION PROPOSED RULE ON USE new data analyzed by this report. Near- with the junior mouse senator from Il- OF LOCOMOTIVE HORNS ly 40 percent consisted of soft money linois. The SPEAKER pro tempore. Under donations to the majority party. Sen- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the Speaker’s announced policy of Jan- ate leaders have established an inti- The SPEAKER pro tempore (Mr. uary 6, 1999, the gentleman from Illi- mate iron triangle working relation- nois (Mr. LIPINSKI) is recognized for 60 ship with two leading health benefits RYAN of Wisconsin). The gentleman will suspend. The Chair kindly reminds minutes. coalition donor lobbyists, Blue Cross/ Mr. LIPINSKI. Mr. Speaker, first of the gentleman from Iowa (Mr. GANSKE) Blue Shield and, as I said, NFIB. all, I want to congratulate the previous The Blues, which comprise the Na- that, under the rules and the precedents of the House, it is not in order to speaker in his special order. I thought tion’s largest provider of managed care he did a magnificent job in numerous services have dispatched lobbyist Bren- cast reflections on the Senate or its members, even by innuendo. areas. I am proud to have had the op- da Becker, their national PAC coordi- portunity of sitting here and listening nator and key lobbyist, to serve as one Mr. GANSKE. Mr. Speaker, I would to him, and I certainly plan on sup- of a small number of cochairs for the ask a question. porting many of the pieces of legisla- majority party fund-raising. She has Do you think that when I am refer- tion that he spoke about. responsibility for soliciting millions of ring to a mouse Senate that I am actu- Now, Mr. Speaker, I rise tonight to dollars from the health care industry ally referring to the actual Senate? highlight a serious problem that all of and other businesses. She has co- The SPEAKER pro tempore. Would America will soon experience. As early chaired the annual GOP House-Senate the gentleman just kindly refrain from as next January, thousands of cities, fund-raising dinner for the last several casting reflections upon the Senate or towns, villages and hamlets will be years. She cochaired the majority fund Members of the Senate individually or deafened by the wail of a train whistle. in 1997 and again this year. She has collectively. The gentleman may pro- That is right. If the Federal Railroad personally orchestrated leadership PAC ceed in order. Administration’s proposed rule on the fund-raisers for Senate leaders, as well Mr. GANSKE. Well, I appreciate the sounding of locomotive horns at every as golf tourney fund-raisers, including discretion of the Speaker. highway rail crossing goes into effect, the upcoming Senate leader sponsored the ear-splitting sounds of train whis- Mr. Speaker, and even though we are event in July. tles will wake people at night and gen- talking about some diminutive legisla- There is an appendix to this report erally disrupt people’s lives. tive activities, just what I think I will that my colleagues can look up on the Unfortunately, few Members of Con- do is I will simply recommend again to Internet that details this. NFIB, sadly, gress know about the problem that my colleagues that they look up this chairs the health benefits coalition. As confronts us. As mandated by the Swift report. It details connections between I said, I think they have worked on a Rail Act of 1994, the FRA came up with lobbyists and legislation related to pa- daily basis with the Senate leadership rules on train horns; and in January, tient protection legislation that is and the Senate leadership staff to de- the FRA came out with their proposed going on here in Washington, and I velop legislative strategy to kill strong rule. patient protections. think it does establish an unsavory While I understand that the rule is According to interviews with con- connection between campaign con- intended to save people’s lives, the way gressional staff and lobbyists, Senate tributions and public policy. I highly in which the rule was written will se- leaders have employed a variety of recommend it. verely impact millions of people in a strong pressures, including social os- Let me once again point out that on very negative way. tracism on majority Senators to create the Internet this is under http:// At this point, I would like to suspend near unanimous Republican support on www.citizen.org/Congress/reform/HMO- my remarks and yield to one of my col- the Senate for a weak patient rights Senate.htm. leagues, the gentlewoman from Illinois bill. Those Senate leaders pressured That report concludes that there is a (Ms. SCHAKOWSKY), and then I will re- four independent-minded Senators. strong body of evidence linking pro- sume my comments in regards to this ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE managed care industry campaign con- matter. The SPEAKER pro tempore (Mr. tributions with, in my opinion, what is Ms. SCHAKOWSKY. Mr. Speaker, I RYAN of Wisconsin). The Chair must re- going on in the conference. want to thank the gentleman from Illi- mind all Members that under the rules We need to break that iron triangle. nois (Mr. LIPINSKI) for the opportunity and precedents of the House it is not in That is one of the reasons why the today to speak on this very important order to cast reflections on the Senate House passed the Shays-Meehan cam- subject and raise my concerns about or its members individually or collec- paign finance bill. It needs to be dealt the Federal Railroad Administration’s tively. with, both campaign finance reform, proposed rule on the use of locomotive horns. b 1930 and also getting real pro-consumer Pa- tients’ Bill of Rights in order to ad- All of us, the Federal Railroad Ad- Mr. GANSKE. Mr. Speaker, I appre- dress the tragedies that occur due to ministration and the gentleman from ciate the advice. HMOs making medical decisions that Illinois (Mr. LIPINSKI) and I, are very Let me talk about a parable. There is harm patients and a Federal law that concerned about safety at railroad a book down in the lobby. It is called prevents those HMOs from being re- crossings. No one wants to see any House Mouse, Senate Mouse. It is a lit- sponsible for those decisions and a lack more accidents involving trains and tle book that I take to grade schools, of a Federal law that would set up a school buses full of children. However, usually about third-graders, and I read mechanism to prevent those tragedies the rule as written will cause undue this story about the House mouse and from happening before they occur. harm in Northeastern Illinois and may the Senate mouse in the Congress. even undermine safety. They have, for instance, the oldest That is what we passed on the floor I had the opportunity to raise these mouse in the Senate is Senator of the House, a strong bipartisan pa- concerns when the Federal Railroad Thurmouse. tient protection bill, the bipartisan Administration came to the Chicago Well, let us just talk about this consensus Managed Care Reform Act, land area to conduct four hearings, and mouse Senate. It seems to me that this the Norwood-Dingell-Ganske bill. I would like to reiterate some of the report is very similar to what may be I would beg the conferees not to give concerns that I raised and to point out going on in the mouse Senate, where up, to bring forward from the con- that I think that there are other far senior mouse senators from Rhode Is- ference committee a real patients’ pro- less disruptive means to improve safety land who tried to work in an inde- tection bill so that we do not have to here. pendent manner, bipartisan fashion, continue to deal with these tragedies. We have a long history of dealing were ostracized by those other mouse Mr. Speaker, I appreciate your indul- with rail crossing safety issues. Over majority senators. gence. the past 12 years, injuries and fatalities

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.176 pfrm01 PsN: H03PT1 H2506 CONGRESSIONAL RECORD — HOUSE May 3, 2000 in Northeast Illinois have declined by which would double Federal spending Such action, in conjunction with the over 60 percent. At the same time, the for State grade crossing programs. We passage of H.R. 2060, is what is needed train traffic has increased by nearly 50 will work hard to get the necessary to truly provide for improved safety percent. funding, but we need to make sure that and quality of life in my district As a result of cooperation between the resources are there. throughout the State and throughout advocates and transportation officials, Even if we succeed in providing the the Nation. safety at rail crossings has dramati- needed resources, there are serious Again, I thank the gentleman from cally increased. While more must be technological barriers to compliance Illinois (Mr. LIPINSKI) for his help on done, we are clearly headed in the right with the FRA proposal. The first is this important initiative. direction. time. The proposed rule gives commu- b 1945 The FRA’s proposed rule would re- nities now operating with whistle bans Mr. LIPINSKI. Mr. Speaker, I thank quire mandatory whistleblowing at all 2 to 3 years to adopt supplemental or the gentlewoman from Illinois (Ms. grade-crossings unless significant up- alternative safety measures in order to SCHAKOWSKY) for her superb statement. grades are made. I believe there are avoid mandatory whistleblowing. I have been working on this issue for a several reasons why the FRA’s pro- We have nearly 1,000 at-grade rail long time but there are several items posed rule is not the appropriate ap- crossings in Illinois that have whistle that she made mention of in her state- proach for Northeast Illinois. bans and would have to be physically ment that I was not aware of in regards First, there is the question of safety. ungraded within that very short time to the four quadrant gates in Illinois Because of technological and cost im- period in order to avoid lifting the and a couple of other things she made pediments to the specific upgrades, the bans. The Chicago Area Transportation mention of. So I appreciate her con- FRA’s proposed rule would require Study, again, estimates that it would tribution very much. mandatory whistleblowing in many actually take about 10 years to accom- areas. plish this massive job. GENERAL LEAVE While it is clear that this would have Unfortunately, the proposed rule Mr. LIPINSKI. Mr. Speaker, I ask unanimous consent that all Members a profound negative impact on quality does not provide adequate time to may have 5 legislative days within of life in our area, there also remains begin with, let alone allow flexibility which to revise and extend their re- serious questions as to whether whis- for logistical delays. marks on the subject of this special tleblowing actually reduces collisions. There is also a real suspicion that order. Many experts have pointed to what is the required upgrades required in the proposed rule are impossible. For ex- The SPEAKER pro tempore. Is there called the ‘‘Chicago anomaly’’ where objection to the request of the gen- the data shows that there are actually ample, barriers along the side of roads that lead up to gated rail crossings tleman from Illinois? fewer collisions at gated crossings would prevent cars from driving around There was no objection. where whistles are banned than where the gates to cross the tracks, but they Mr. LIPINSKI. Mr. Speaker, the gen- whistles are blown. would also prevent snow blowing, a sig- tlewoman from Illinois (Ms. The Chicago anomaly strongly sug- nificant problem in an area like Chi- SCHAKOWSKY) made mention of the gests that at least there are alter- cago. hearings that took place. natives that can better increase safety. Another example is the requirement Let me interrupt myself for a mo- Mandatory whistleblowing may actu- of photo enforcement, which just hap- ment once again. I see I have been ally undermine our efforts. pens to be illegal under Illinois State joined here by my colleague, the gen- Illinois is focusing its efforts and re- law. tleman from Illinois (Mr. RUSH), and I sources on addressing the most dan- Quad gating is also illegal in the would now like to yield to him. gerous rail crossings based on safety State because of the concern that oth- Mr. RUSH. Mr. Speaker, I certainly records. The FRA approach would re- erwise law-abiding motorists may get want to applaud commend and thank quire expensive and time-consuming trapped on the tracks by closing gates the gentleman from Illinois (Mr. LIPIN- technological enhancement at all at- if we close all access to and from the SKI) for this special order. It is a very, grade rail crossings even if safety tracks with quad gates. very important special order and it is records demonstrate no problems at Last, but by no means least, I want very timely. those crossings. This would divert re- to discuss what happens if we do not Mr. Speaker, requiring trains to blow sources from making safety improve- adopt alternatives to mandatory whis- horns at railroad crossings is not a bad ments at extremely dangerous cross- tleblowing because of safety, techno- idea, in theory. This small action may ings. logical, or cost issues. prevent accidents and it may prevent I think we ought to take a very hard As I mentioned, 2.5 million people deaths at railroad crossings, but in look at such a dramatic switch in live within one quarter mile of rail practice the train whistle rule does not strategies, particularly since the rules crossings in Chicago, 75,000 in my own apply to my State of Illinois where for upgrades may be unaffordable and district. Children attend school near railroad crossing accidents have de- unworkable. rail crossings. They would be subjected creased by 52 percent since 1989. While all are committed to rail safe- to repeated train whistleblowing at Once enacted, the Railroad Adminis- ty, there are wide discrepancies in the levels between 84 and 144 decibels at all tration rule requiring trains to sound cost estimates of complying with the hours of the day and night. Eighty-four their horns at all rail crossings will proposed rule. These concerns are le- decibels is well above the Illinois De- greatly reduce the quality of life for Il- gitimate. partment of Transportation’s trigger linois residents. We in Illinois have al- The FRA estimates that the cost of for noise abatement procedures, and 144 ready succeeded in drastically reducing implementing this program nationwide decibels is above the pain threshold. railroad crossing fatalities. In my dis- would be $116 million. But the Chicago Their lives would literally be district alone, nearly 200,000 residents will Area Transportation Study estimates rupted. be affected by the whistle blowing rule that the true cost will be more than Given the ‘‘Chicago anomaly’’ and and more than 66,000 of those residents, that in Illinois alone, a total in our given the strong argument that Illinois my residents, will be severely im- State of $170 million to $234 million. can pursue alternative means to ac- pacted. Of the approximately 2,000 We need to increase spending on rail complish the same or even higher safe- crossings identified by the FRA, 899 are safety. I want to commend my col- ty goals and given the fact that mil- located in Illinois, putting my home league the gentleman from Illinois (Mr. lions of people would be harmed, I be- State at a severe disadvantage when LIPINSKI) for his leadership on rail safe- lieve that we have to find alternatives FRA finally enforces the whistle rule. ty and his commitment to finding addi- to the current rule as it is proposed. Installing alternative safety measures tional Federal resources to achieve I think we need to revisit the rule, that meet FRA requirements could that goal. think of better solutions. And my sense cost Illinois an estimated $590 million, I am proud to be a cosponsor of his from the Federal Railroad Administra- which will require right-away acquisi- legislation, H.R. 2060, the Railway tion is that there was some willingness tions and other infrastructure improve- Safety and Funding Equity Act of 1999, to consider these alternatives. ments in order to put these, quote,

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.179 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2507 quiet zones, end quote, measures into tration did extend that to 2 or 3 years, munity will install the lowest cost al- place. that would be 2 to 3 years from Janu- ternatives to whistles. The Chicago In short, Mr. Speaker, to comply ary of 2000 when this notice of proposed area transportation study estimates with the FRA rule, which is not needed rulemaking was announced. the cost of a reality-based alternative in Illinois, our constituents must pay Now, Chicago, as I mentioned earlier, to be between $440 million and $590 mil- either with the loss of peace and quiet, is very unique. It is unique because it lion for whistle-ban communities. That sleep and rest, or with the loss of their is the center of the railroad industry in is an awful lot of money. Illinois will tax dollars. Certainly we in Illinois North America, has been probably spend $95 million in the year 2000 mak- want to save lives and we have saved since the time the first railroad train ing improvements at roughly 200 cross- lives. There is no question about this, pulled in to Chicago. That is good and ings. If the proposed rule goes into ef- but we must address this issue region- it is bad. It is very good because it cre- fect, the State of Illinois will be forced ally. Illinois should be left to handle ates a lot of jobs, it creates a lot of to spend money at an already safe railroad crossing safety on its own. economic development in the City of crossing instead of at bad crossings in The numbers clearly show what we Chicago. It is bad because it causes us down-state Illinois which account for are doing is working. Why fix it? It is to have an enormous number of grade only 1.5 percent of daily traffic but 33 not broke. crossings within the Chicago-land area. percent of the accidents and 40 percent Mr. LIPINSKI. Mr. Speaker, I thank Illinois has 899 whistle bans as al- of the fatalities in Illinois. the gentleman from Illinois (Mr. RUSH) lowed under the Illinois Commerce The FRA’s analysis indicates that for his comments. I appreciate his con- Commission, which is almost half of all whistle-ban crossings, without gates, tribution to our special order. He cer- the whistle bans in the United States are the biggest danger to the public tainly was right on target. I hope that of America. In fact, it comes down to and are the primary targets for this we will be joined later by a few more being 46 percent of all the grade cross- proposed rule. Since 77 percent of the Members from Illinois and from other ings in this country that will be af- crossings in northeast Illinois have parts of the country but in light of the fected by this rule are within the State gates and all of the whistle bans in fact that I am the only other speaker I of Illinois. Of those 899 grade crossings, northeast Illinois have gates, why will start again. 780 of those are located within the six should northeastern Illinois be a target As I mentioned, and the gentleman counties that make up the Chicago- of this one-size-fits-all rule? from Illinois (Mr. RUSH) mentioned and land area; 355 of those are within the The FRA study admits to an anomaly the gentlewoman from Illinois (Ms. City of Chicago itself. The new pro- in the Chicago area, as the gentle- SCHAKOWSKY), there were four hearings posed rule will give these communities woman from Illinois (Ms. SCHAKOWSKY) held in Chicago and to show how much only, as I mentioned earlier, 2 to 3 mentioned, where collisions were 16 this affects the City of Chicago and the years to come up with supplemental percent less frequent. The FRA claims Chicago-land area, there were 12 hear- safety measures. it was caused by an outdated inventory ings held nationwide. Four of the 12 Now I believe that it is absolutely of crossings, but using a complete in- hearings were held within the Chicago- necessary that the Federal Railroad ventory of crossings and FRA method- land area. The hearings were attended Administration grant us a minimum of ology CAT still found, that is the Chi- by the Federal Railroad administrator, 10 years to implement what they want cago area transportation study, they Administrator Jolene Molitoris, and we this rule to implement. As the rule is still found that the collisions are 4.5 certainly appreciate that but that once presently constituted, we need at least percent less frequent at whistle-ban again shows how significant she thinks 10 years to implement this rule because crossings. the Chicago-land area will be affected it is going to cost an enormous amount Now we have made, I think, signifi- by this notice of proposed rulemaking. of money in the State of Illinois. On cant progress with the Federal Rail- The four hearings in Chicago were ex- top of that, it is highly questionable road Administration in modifying the tremely well attended. Over 200 people whether or not the equipment can be rule they were originally going to pro- testified in opposition to this rule as it manufactured quickly enough and it pose a number of years ago. We cannot is constituted at the present time. I do can be installed by railroad crews that negotiate with the Federal Railroad want to say that the Federal Railroad have to install it in a 2 to 3 year period Administration until the first part of Administration, underneath the leader- of time. All the estimates that I have next month because up until the close ship of the administrator, has been received say it is going to take finan- of the comment period they are prohib- very understanding, has been very co- cially and equipment-wise and installa- ited by law from negotiating. operative, because they recognize the tion-wise at least 10 years to do it, un- b 2000 huge impact this rule has on the City derneath the present rule. of Chicago, the County of Cook, the Now 64 percent of all Illinois popu- Administrator Molitoris, I believe, is surrounding counties and the State of lation live within one mile of public open to further compromise. I think Illinois. highway crossings, 64 percent. Forty- that this is going to be absolutely nec- I would like to mention this law, six percent of all residents of Illinois essary, because there are a number of when it was passed back in 1992, it was will be severely negatively impacted by people here in the House who do not be- a law that was not debated in the this rule. That comes directly from the lieve that this law is needed at all, par- House. It was not passed in the House. Federal Railroad Administration. ticularly not in the State of Illinois, It was not debated in the Senate. It Yet in Illinois, collisions at public where the State of Illinois is doing was not passed in the Senate. It was grade crossings have declined by 52 per- such a significant job. If we do not get placed in a conference report on an- cent since 1989. In northeastern Illi- significant compromise out of the Fed- other bill. It became known as the nois, injuries have declined by 70 per- eral Railroad Administration, I believe Swift Rail Act, but this was not a bill cent. In northeastern Illinois, fatalities that there will be a move afoot to re- that went through the normal process have declined by 65 percent. So obvi- peal this law entirely. that we have here on Capitol Hill. It ously Illinois is doing a great deal As I mentioned earlier, I believe it is was put in, as I say, in conference. It right when it comes to railroad safety. imperative that we get at least 10 years was under the jurisdiction of the Com- The FRA states that 177,000 people in to implement this rule, with further mittee on Commerce at the time. Now Illinois would be impacted by the rule, modifications, not where we have to it is under the jurisdiction of the Com- of which 74,000 would be severely im- put up four gates, but where two gates mittee on Transportation and Infra- pacted. The Chicago area transpor- will definitely be acceptable to the structure. tation study estimates that 1,644,000 Federal railroad administration. Now, as I say, this was passed back in people in Illinois would be impacted, of Right now approximately $150 mil- 1992. In 1995, I did get an amendment which over 1 million people would be lion is spent each year in this country put on an FRA bill that granted com- severely impacted by this rule. by the Federal Government on upgrad- munities one year to implement this in The FRA estimates the cost at $116 ing railroad crossings. With this rule the event this rule came down. Fortu- million for whistle-ban communities, going into effect, there is going to be a nately, the Federal Railroad Adminis- based on assumptions that every com- much greater need for funds from the

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.181 pfrm01 PsN: H03PT1 H2508 CONGRESSIONAL RECORD — HOUSE May 3, 2000 Federal Government, as well as funds eastern Illinois will suffice as far as the five years. The state of Illinois currently has from state governments and from local Federal railroad administration is con- 899 whistle ban rail crossings. municipalities. cerned to bring us up to a superb safety Mr. Speaker, the history of increased rail I have a bill at the present time that standard. safety in Illinois is a proud one. Illinois has a I have introduced that would bring in Certainly we do not want to see any- proven program of substantially improving rail approximately $160 million more each one lose their life at a grade crossing, crossing safety at an annual average cost of year to the Federal Government for up- but I think that we in Illinois have approximately $40 million. In 1998 alone, the grading grade crossings. That bill done an outstanding job in resolving state of Illinois spent over $60 million on grade takes the 4.3 cents that railroads now this problem, and if we can get some crossing improvements. In fact, between the pay on their diesel fuel tax that goes to further help from the Federal Govern- ICC and Illinois Department of Transportation deficit reduction. Based upon all of the ment in regard to funding, I think that (IDOT), Illinois has invested hundreds of mil- statements that I hear out here in we will even do a better job. lions of dollars over the years to install mod- Washington throughout the country, Mr. HASTERT. Mr. Speaker, I thank the ern safety devices at grade crossings through- we no longer have a deficit in this gentleman from Illinois (Mr. LIPINSKI) for ar- out the state. Illinois is also well along in a country, we have a significant surplus ranging a special order today on the preserva- program to install innovative remote moni- in this country, so I do not believe that tion of rail safety in the State of Illinois. I toring devices at every active grade crossing we should be taking the 4.3 cents that would also like to thank the gentleman for his (Illinois is the only state where this is hap- the railroads pay for deficit reduction continued work on rail safety throughout the pening). any longer and putting it into the gen- nation, and his efforts over the last several I am pleased to report that these invest- eral revenue of this country. years in making sure that any proposed rule ments in safety have paid off. In Illinois, colli- I believe that we should take that 4.3 on the use of locomotive horns does not ad- sions at public grade crossings have declined cents and put it into a trust fund to up- versely affect rail safety in Illinois. by 52% since 1989. In Northeast Illinois, inju- grade rail crossings in this country. As Mr. Speaker, I rise today to speak on behalf ries have declined by 77% and fatalities have I say, it would increase the total of rail safety in the State of Illinois and the po- declined from 26 in 1988 to 9 in 1997, a 65% amount available to over $300 million. tentially adverse impacts of the recent Federal decrease. The large rate of decline is more We would certainly have to add a por- Railroad Administration's (FRA) Proposed impressive when you consider that between tion from the state and a portion from Rulemaking on the Use of Locomotive Horns 1980 and 1999, train traffic and average vehi- the local municipalities, something at Highway-Rail Grade Crossings. cle miles traveled by motor vehicles, have like 75 percent from the Federal Gov- As the Representative of the 14th District of both increased by approximately 45%. My pri- ernment, 15 percent from the state, or Illinois, which covers portions of five counties mary concern with the FRA's proposed rule is 20 percent from the state and 5 percent and contains approximately 18% of all high- that it would preempt the responsibility of the from the local municipalities. This way public-at-grade crossings in the state, I ICC, which has a demonstrated history of im- money thereby would be helping out have intently followed this issue since I was proving grade crossing safety. In fact, I am railroads, it would be helping out citi- first elected to Congress, and have witnessed concerned that the proposed rule could have zens, it would be helping out safety in firsthand Illinois' history with mandatory whis- the unintended consequence of decreasing rail this country. tles. In fact, when the Illinois Legislature safety in the State of Illinois. I would also like to say that this passed a mandatory whistle law in 1988, it As you are well aware, Mr. Speaker, the rule, I understand, originally was met with such intense public backlash that it State of Illinois is the hub of rail activity in passed into law because the railroads resulted in a court order to stop the whistles. North America. Nowhere is the issue of rail were interested in reducing their liabil- On January 12, 2000, the FRA published safety more important. Citizens of Illinois ap- ity as much as possible. I can under- their Proposed Rule which will require all preciate the need for, and support efforts to, stand that, I can appreciate that, but, freight and passenger trains to sound the increase rail safety. The question addressed because of that, I think it would be train's air horn when approaching and entering by this proposed rule, therefore, is not whether wise for the railroads to join in sup- a public at-grade highway-rail crossing. Ac- we should try to decrease the number of rail porting my bill that would utilize their cording to the proposed rule, each train horn collisions, we can all agree on that, but how 4.3 cents now routed for deficit reduc- must be sounded with a series of two long, this can be best accomplished. tion, which apparently we no longer one short, and one long horn blasts to signify People in Northeast Illinois are constantly need it for, to upgrade rail crossings. I the locomotive's approach to a crossing. The reminded of the need for rail safety. In the last would also say part of my bill would timing is a combination of state laws with min- several years, Illinois has suffered several say that when we pass the next high- imum federal requirements. high profile accidents, most notably in Bradley- way transportation bill in this Con- There is currently no federal law requiring Bourbannais and Fox River Grove. Both of gress, which will be in 3 or 4 years, that horn sounding, however many states, includ- these tragic accidents resulted in significant the 4.3 cents would revert back to the ing Illinois, currently require trains to sound loss of life, and the people of Illinois are com- railroads and they would no longer their horns at all public at-grade crossings un- mitted to making these tragedies a thing of the have to be paying it. less specifically exempted by the Illinois Com- past. It should be noted for the record, how- Mr. Speaker, in conclusion, I want to merce Commission (ICC). The grade cross- ever, that none of these accidents can be at- thank all the Members that have spo- ings in Northeast Illinois that currently do not tributed to the lack of a horn being sounded. ken here this evening. I want to thank have air horns routinely sounded may have As I stated earlier, we can all agree that in- the individuals who have submitted them sounded every time a train approaches creasing rail safety is a laudable goal and that statements for the record, particularly a grade crossing if the new regulations are put even one death on the nation's rail system is the Speaker of the House. This is an into place. This occurs up to 140 times a day one death too many. Let me assure you that enormous problem for the country, but at the region's busiest grade crossings, and, the ICC, IDOT and the people of Illinois work it is a gigantic problem for the State of at 66 of the crossings in Northeast Illinois, 101 towards this goal every single day. I believe Illinois, and particularly for North- or more trains per day pass through. Within the data show that their efforts have paid offÐ eastern Illinois. The money is not my district, Auroa (50, Elgin (25) and West rail crossings in Illinois are safer today than available, the time is not available, the Chicago (22) rank #2, #11, and #14 respec- they were yesterday and will be safer tomor- resources are not available to do what tively in the number of grade crossings per row than they are today. the Federal Railroad Administration city in the state. In fact, should this rule go Unfortunately, the proposed rule offered by wants us to do underneath the existing into effect as drafted, 80 of 148 crossings in the FRA threatens the progress we have al- rule. DuPage County alone would have to change ready made in Illinois. While offering little, if On top of that, Northeastern Illinois operating practices. Thus, the direct impact on any, benefit in safety, this rule becomes an probably has done more and the State Illinois, and the unique nature of the state with extraordinary unfunded mandate on local com- of Illinois has probably done more than respect to this issue is clear. munities and the State, who will have to divert any state in the union to upgrade rail- In Illinois, rail safety is the responsibility of a large portion of their resources to upgrade road safety. We simply must have this the ICC, which may exempt crossings from already safe crossings in order to maintain rule amended so that many of the very routine horn sounding if they have automatic their quiet zones; otherwise they will face the worthwhile things that have been done flashing lights, bells and gates and have expe- specter of incessant horn blasts at all hours of by the State of Illinois and North- rienced less than three accidents in the past the day and night.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00096 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.183 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2509 Thus, I believe this rule is fatally flawed in almost continuously as they make their way tral Docket Management Facility, 400 Sev- that it preempts already proven and effective through the city’s 16 railroad crossings. enth Street, S.W., Plaza-401, Washington, DC State control. It is a ``one size fits all solution'' Fortunately, there still is time for the pub- 20590–0001. Comments will be accepted lic to speak out against this mandate mad- that does not fit Illinois. I believe that, at a through May 26 and should include the ref- ness. erence ‘‘Docket Number FRA–1999–6439.’’ minimum, this rule should not be finalized The Swift Rail Development Act was Let’s hope it’s not too late to get the FRA without recognizing Illinois is unique with re- passed by Congress in 1994 and requires train to change its mind. spect to its rail crossing environment and that whistles be sounded upon approaching every Certainly, FRA's complete failure to adhere a more-tailored approach, which does not un- public grade crossing, unless there is no risk to the schedule in the statute has been a dermine state control, is developed. to persons, it is not practical or if safety In summary, I believe that after hearing all measures have been taken to fully com- major contributing factor in this unfortunate sit- of the evidence delivered to the FRA at the pensate for the absence of an audible warn- uation. At the same time, it appears that there public hearings held in the Chicagoland Area ing. may be some overreaching by some railroads Like many communities throughout the in adopting across-the-board horn-blowing re- last week, they are essentially left with only nation, Oshkosh has a ban on locomotives two reasonable options: (1) The FRA can con- quirements. I want to resolve this situation as sounding their whistles within the city lim- rapidly as possible. To that end, I have sent clude that their study, upon which the pro- its unless an emergency situation develops. posed rule relies, is fatally flawed and, given The ban recognizes that constant loco- to the FRA a letter requesting a formal legal the extraordinary costs and quality of life motive whistles would be a major irritation opinion on the exact degree of federal pre- issues at stake, determine that additional stud- as trains rumble through 25 to 30 times a day emption of state and local noise regulations, in ies need to be undertaken before publication (and night) through the city’s most densely the current situationÐthat is, where there are of the final rule; or (2) The FRA can recognize populated areas. as yet no final and effective FRA regulations FRA officials drafted proposed regulations in place. No matter what policy decisions are that Illinois is unique with respect to its rail to comply with the law—regulations that crossing environment and safety record, and to be made here, it is in the interest of all par- still are under review and subject to a public ties to know what the current legal situation alter the final rule in such a way as to pre- comment period. serve Illinois' authority over rail crossing safe- Our problem with the proposed regulations really is. ty. is they take railroad crossing safety meas- At this point, I submit for the RECORD a copy Again, I thank the gentleman for the oppor- ures to unnecessary extremes based on data of the April 28 letter sent by Mr. LIPINSKI of Illi- tunity to address this issue. And I look forward that does not apply to Oshkosh. nois and myself to FRA Administrator Jolene to working with the FRA in the future to bring Requiring trains to blow whistles at cross- Molitoris, requesting a formal legal opinion on a solution to the state of Illinois that continues ings without gates is not an unreasonable the degree of legal pre-emption that obtains regulation. It stands to reason that the addi- while the FRA rulemaking is still pending. the strong safety record that has been dem- tional warning of a horn blast could help pre- onstrated over the last 10 years and does not vent accidents. CONGRESS OF THE UNITED STATES, devote resources away from these efforts. However, the FRA rules take the intention HOUSE OF REPRESENTATIVES, Mr. PETRI. Mr. Speaker, I wish to voice my of the law to an unreasonable extreme be- Washington, DC, April 28, 2000. concerns, and those of my constituents, about cause they say gates at crossings are not Hon. JOLENE MOLITORIS, the current situation in many of our commu- good enough to warrant honoring local whis- Administrator, Federal Railroad Administration, Washington, DC. nitiesÐas a result of the long-pending Federal tle bans. The rules allow the Transportation Sec- DEAR ADMINISTRATOR MOLITORIS: We are Railroad Administration requirements for im- writing to request an official legal opinion proved grade-crossing safety equipment as a retary to determine what are acceptable safety measures at crossings. The secretary from the Federal Railroad Administration on condition of escaping 24-hour-a-day loco- has determined that median barriers are es- an important issue of rail safety regulation— motive horn noise. When the law requiring sential because they prevent vehicles from the pre-emptive reach of the ‘‘whistle-ban’’ these regulations was enacted in 1994, rail- getting around crossing gates lowered as provision in current rail safety law, 49 U.S.C. road jurisdiction resided in the Commerce trains pass through. 20153. Committee. According to the terms of the stat- That’s a barrier too far for two reasons. As you know, this provision was enacted as ute, FRA was to adopt regulations making uni- First, the federal government wants to part of the 1994 FRA rail safety reauthoriza- protect the public but has not provided any tion. Section 20153 in general requires FRA versal sounding of horns the ``default'' ruleÐ to adopt rules requiring the sounding of that is, the requirement in the absence of additional funding for the improvements apart from existing highway grants. Second, horns or whistles at all grade crossings, ex- FRA-specified equipment. FRA was to issue the FRA is relying on statistics in a mis- cept where safety measures specified in final the regulations specifying the horn require- leading fashion. The agency concludes there FRA regulations have been applied to the in- ments and the equipment requirements in two is an average of 62 percent more collisions at dividual crossing in question. Although final phasesÐone by November 1996, and the gated crossings with whistle bans in place. regulations were to be issued in two phases other by November 1998. In fact, FRA did not However convincing that figure may ap- (one by November 2, 1996, and the other by even propose regulations until January 2000. pear, it leaves out two important facts: of November 2, 1998), FRA has thus far only Meanwhile, many railroadsÐin an understand- the crashes at intersections with gates in issued proposed regulations, which were not non-whistle communities, 55 percent of the promulgated until January 13, 2000. Section able attempt to minimize liability for grade- 20153 further provides that final regulations, crossing accidents, have adopted policies of collisions occurred because motorists delib- erately drove around the lowered gates. An- when issued, may not take effect for 1 year universal horn-blowing at grade crossings. other 18 percent happened because motorists after issuance. This leaves cites and towns in a ``Catch±22'' were stopped on the crossings. Section 20153 does not in itself appear to situation'': The horns are blowing, but the FRA So nearly three-quarters of the accidents address explicitly the pre-emptive effect of has given no guidance on what it takes to happened because drivers chose to break the the statute in the current situation, where avoid the noise. law or ignore basic safety precautions. final regulations have not yet been issued or I submit for the RECORD at this point a Concrete barriers and other extravagant taken effect. However, the language in sub- newspaper editorial about what this means in measures are not going to protect people section (b) strongly implies that federal pre- practical terms to the affected communities. from themselves if they have a death wish. emption of existing requirements occurs Nor has Oshkosh seen increased carnage at only when FRA has actually issued rules re- [From the Oshkosh Northwestern, Thurs. its crossings. In fact, the addition of gates in quiring the sounding of horns or whistles: Apr. 13, 2000] 1998 has turned the city from one of the ‘‘The Secretary of Transportation shall pre- EDITORIAL.—RAIL CROSSING RULES ONE MORE deadliest to one of the safest in the state. scribe regulations, requiring that a locomotive MANDATE Our accident totals are at zero and count- horn or whistle shall be sounded while each The Federal Railroad Administration is ing with a whistle ban in place. And Oshkosh train is approaching and entering upon each again showing how bureaucrats can twist meets all of the other criteria set by the public highway-rail grade crossing’’ (empha- sensible Congressional intentions into expen- agency to continue the whistle ban, includ- sis added). Since no such regulations have sive new regulations that are shoved down ing long-term law enforcement initiatives at been issued, it would seem that Section 20153 the throats of local communities. crossings and targeted public education pro- alone does not yet have any current pre- Oshkosh will be forced to spend $320,000 on grams. emptive effect. median barriers at railroad crossings if the Rep. Tom Petri, R-Fond du Lac, should ex- The issue is further complicated, however, federal bureaucrats have their way. This is ercise his considerable rank on the House by the general pre-emption provision of the another example of federal funding that is Transportation Committee to encourage the FRA rail safety statutes, 49 U.S.C. 20106, not as freely flowing as the rules that are FRA to reconsider its barrier requirements which antedates the whistle-ban provision by spawned. before allowing for a quiet zone. a number of years. Section 20106 provides in If the city does not comply with the pro- In addition, the public can send comments pertinent part that ‘‘[a] State may adopt or posed rules, trains will blast their whistles on the proposal to Docket Clerk, DOT Cen- continue in force a law, regulation, or order

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.111 pfrm01 PsN: H03PT1 H2510 CONGRESSIONAL RECORD — HOUSE May 3, 2000 related to railroad safety until the Secretary In my opinion, the approach taken by the RECESS of Transportation prescribes a regulation or FRA to prevent train crossing accidents is ex- issues an order covering the subject matter The SPEAKER pro tempore (Mr. treme. I believe that the spending mandated HAYES). Pursuant to clause 12 of rule I, of the State requirement.’’ Since this limita- by this regulation would be wasteful and ulti- tion on federal regulatory pre-emption is the Chair declares the House in recess limited by its terms to ‘‘state’’ rail safety re- mately not improve safety. These scarce dol- subject to the call of the Chair. quirements, it could be argued that it im- lars and resources can be used more effec- Accordingly (at 8 o’clock and 5 min- plicitly precludes rail safety requirements tively, saving more lives, if spent in other utes p.m.), the House stood in recess (including whistle-ban ordinances) adopted areas. Implementing this rule would draw subject to the call of the Chair. by local governmental authorities below the funds away from other important safety meas- f state level. ures for drivers, pedestrians, and other trav- We understand that some railroads have elers on Americas roads in Illinois and else- b 2253 taken one or two legal positions on this sub- where. ject: either (1) the very enactment of Section AFTER RECESS The main parts of the proposed rule are 20153 immediately displaced all state and The recess having expired, the House local authority to adopt and enforce grade- now well known: trains must blow their horns crossing whistle bans; or (2) that Section at all public grade crossings unless a new was called to order by the Speaker pro 20106 independently precludes locally en- level of safety measures is installed. While tempore (Mr. DREIER) at 10 o’clock and acted whistle bans, and allows only state- there is flexibility in the types of safety meas- 53 minutes p.m. promulgated requirements in this area, prior ures and the time in which they must be in- f to adoption and effectiveness of final FRA stalled, this sweeping regulation is flawed for regulations. REPORT ON RESOLUTION WAIVING several reasons. A REQUIREMENT OF CLAUSE 6(a) This is an issue of immediate and pressing First, the FRA data used to conclude that concern to our states. As FRA acknowledged OF RULE XIII WITH RESPECT TO blowing horns at crossings reduces accidents in its proposed regulations [65 Fed. Reg. 2230, SAME DAY CONSIDERATION OF 2234 (Jan. 13, 2000)], well over half of all whis- fails to count a significant number of crossings and fails to properly classify and incorporate CERTAIN RESOLUTIONS RE- tle-banned grade crossing in the United PORTED BY THE COMMITTEE ON States are located in Wisconsin and Illinois. the nature of the accident. In fact, data has It is our understanding that many, if not been compiled which indicates that in certain RULES most, of the bans now being ignored by some regions of the country, my district being one of Mr. REYNOLDS, from the Com- railroads were promulgated by local rather them, there is a decrease in the number of ac- mittee on Rules, submitted a privi- than state governmental units. leged report (Rept. No. 106–605) on the We are therefore requesting the formal cidents in places where train horns are prohib- legal opinion of the ERA on the following ited from sounding. Further, the data does not resolution (H. Res. 488) waiving a re- questions: account for the vast differences in vehicular quirement of clause 6(a) of rule XIII (1) Does Section 20153, Title 49, United traffic at the rail crossings where information with respect to consideration of certain States Code, pre-empt adoption and enforce- was gathered. resolutions reported from the Com- ment of state-issued or locally issued whistle Second, the majority of the data used by the mittee on Rules, which was referred to bans prior to promulgation and legal effec- FRA to formulate this proposal came from a the House Calendar and ordered to be tiveness of final regulations issued by FRA multiyear study of areas in Florida that had im- under that section? printed. (2) Does Section 20106, Title 49, United plemented and then repealed bans on train f States Code, pre-empt the adoption or en- horns at crossings. In my opinion, the specific forcement of whistle bans issued by local data from the Florida crossings is neither ap- SPECIAL ORDERS GRANTED governments prior to promulgation and legal plicable nor appropriate to determine the need By unanimous consent, permission to effectiveness of final regulations issued by for horn bans in the majority of the other address the House, following the legis- FRA under Section 20153 of that title? states. In Cook County, Illinois there are more lative program and any special orders Thank you for your prompt assistance on gate crossings than in the majority of states in heretofore entered, was granted to: this important matter of rail safety policy. Sincerely, the country. (The following Members (at the re- WILLIAM O. LIPINSKI, Third, a recent Illinois study of detailed data quest of Mr. MCDERMOTT) to revise and Ranking Member, compiled between 1988 and 1998 highlights extend their remarks and include ex- Aviation Sub- several important facts that should be consid- traneous material:) committee. ered by the FRA. For example, train accidents Mr. FILNER, for 5 minutes, today. THOMAS E. PETRI, involving vehicles remains a rare occurrence Ms. STABENOW, for 5 minutes, today. Chairman, Ground resulting in less than one percent of highway Mr. HOYER, for 5 minutes, today. Transportation Sub- fatalities. Further, the study found that of train Mr. DAVIS of Illinois, for 5 minutes, committee. related vehicular accidents, over forty percent today. Second, I have also prepared legislation occurred because the driver circumvented the Mr. NADLER, for 5 minutes, today. which would spell out the ground rules gov- existing safety measures. Of the remaining ac- Mr. GREEN of Texas, for 5 minutes, erning local, state, and federal jurisdiction in cidents, a significant percentage occurred today. this area, while the FRA rulemaking is still when a vehicle impacted against the side of a (The following Members (at the re- pending, and no fully effective regulations are train, rather than the train striking a vehicle. quest of Mr. WICKER) to revise and ex- in place. As with the request for the legal opin- From these facts, we can conclude that in tend their remarks and include extra- ion, this legislation may prove to be an impor- many cases the safety measures currently in neous material:) tant option in clarifying the authority of state place are adequate for those citizens who Mr. JONES of North Carolina, for 5 and local governments in the field of railroad chose to use them, and expenditures to fur- minutes, today. noise abatement at grade crossings. ther improve these safety measures would be Mr. WHITFIELD, for 5 minutes, May 4. Finally, I want to commend the gentleman better spent. (The following Member (at his own from Illinois, Mr. LIPINSKI, for arranging this Mr. Speaker, little consensus exists on request) to revise and extend his re- evening's discussion of this important trans- whether the data and analysis used by the marks and include extraneous mate- portation safety issue. I look forward to work- FRA to support their position is correct, and rial:) ing with him as we address this problem. whether the proposed rule is good public pol- Mr. BROWN of Ohio for 5 minutes Mr. PORTER. Mr. Speaker, I rise today as icy from any standpoint. Before forcing states today; and, one of the many Members of Congress op- and communities to pay for massive invest- (The following Member (at his own posed to the Federal Railroad Administration's ments in rail crossing safety measures, this request) to revise and extend his re- proposed rule for trains to sound their horns at issue must be resolved. I ask the Federal Rail- marks and include extraneous mate- public crossings. Let me first state that I do road Administration to consider the tens of rial:) not oppose efforts by the FRA or any other thousands of citizens in Illinois and millions Mr. STEARNS for 5 minutes today. part of the Department of Transportation to im- across the country that would be greatly im- f prove safety. Each year there are over 35,000 pacted both financially and physically by this transportation related deaths in America. We onerous proposal and to change the rule. At a SENATE CONCURRENT must reduce this terrible statistic. In fact, safer minimum, the individual states should have RESOLUTION travel is the basis for my opposition to this much more flexibility to decide where they A concurrent resolution of the Sen- proposed regulation. need to spend funds for transportation safety. ate of the following title was taken

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.116 pfrm01 PsN: H03PT1 May 3, 2000 CONGRESSIONAL RECORD — HOUSE H2511 from the Speaker’s table and, under proval of the findings of the Secretary of mability testing and labeling of upholstered the rule, referred as follows: Commerce in his report ‘‘The Effect on the furniture which is sold in interstate com- S. Con. Res. 81. Concurrent resolution ex- National Security Imports of Crude Oil and merce; to the Committee on Commerce. pressing the sense of the Congress that the Refined Petroleum Products,’’ pursuant to 19 By Mr. LUCAS of Kentucky: H.R. 4369. A bill to amend title 10, United Government of the People’s Republic of U.S.C. 1862(d)(2); to the Committee on Ways States Code, to improve access to benefits China should immediately release Rabiya and Means. under the TRICARE program; to extend and Kadeer, her secretary, and her son, and per- f improve certain demonstration programs mit them to move to the United States if REPORTS OF COMMITTEES ON under the Defense Health Program, and for they so desire; to the Committee on Inter- PUBLIC BILLS AND RESOLUTIONS other purposes; to the Committee on Armed national Relations. Services, and in addition to the Committees f Under clause 2 of rule XIII, reports of committees were delivered to the Clerk on Government Reform, Veterans’ Affairs, Ways and Means, and Commerce, for a period SENATE ENROLLED BILL AND for printing and reference to the proper JOINT RESOLUTIONS SIGNED to be subsequently determined by the Speak- calendar, as follows: er, in each case for consideration of such pro- The SPEAKER announced his signa- Mr. YOUNG of Alaska: Committee on Re- visions as fall within the jurisdiction of the ture to an enrolled bill and joint reso- sources. H.R. 1523. A bill to establish manda- committee concerned. lutions of the Senate of the following tory procedures to be followed by the Forest By Mrs. MINK of Hawaii: titles: Service and the Bureau of Land Management H.R. 4370. A bill for the relief of the Phil- in advance of the permanent closure of any ippine citizens collectively referred to as the S. 452. An act for the relief of Belinda forest road so as to ensure local public par- ‘‘Marcos Entourage’’; to the Committee on McGregor. ticipation in the decisionmaking process; S.J. Res. 40. Joint resolution providing for the Judiciary. with an amendment (Rept. 106–604 Pt. 1). the appointment of Alan G. Spoon as a cit- By Mrs. MINK of Hawaii: Mr. REYNOLDS: Committee on Rules. H.R. 4371. A bill to amend the Immigration izen regent of the Board of Regents of the House Resolution 488. Resolution waiving a and Nationality Act to extend the retro- Smithsonian Institution. requirement of clause 6(a) of rule XIII with S.J. Res. 42. Joint resolution providing for active period of provisions providing for the respect to consideration of certain resolu- the reappointment of Manuel L. Ibanez as a crediting of service with the Armed Forces of tions reported from the Committee on Rules citizen regent of the Board of Regents of the the United States toward the period of re- (Rept. 106–605). Referred to the House Cal- Smithsonian Instituion. quired United States residence of a citizen endar. parent in order for a person born outside the f f United States of a alien parent and a citizen ADJOURNMENT parent to acquire United States citizenship DISCHARGE OF COMMITTEE at birth; to the Committee on the Judiciary. Mr. REYNOLDS. Mr. Speaker, I move Pursuant to clause 5 of rule X, the By Mr. RANGEL: that the House do now adjourn. Committee on Agriculture discharged. H.R. 4372. A bill to amend the Convention The motion was agreed to; accord- H.R. 1523 referred to the Committee of on Cultural Property Implementation Act to ingly (at 10 o’clock and 54 minutes the Whole House on the State of the improve the procedures for restricting im- p.m.), the House adjourned until to- ports of archaeological and ethnological ma- Union and ordered to be printed. terial; to the Committee on Ways and Means. morrow, May 4, 2000, at 10 a.m. f f By Ms. SCHAKOWSKY: TIME LIMITATION OF REFERRED H.R. 4373. A bill to amend the Fair Credit EXECUTIVE COMMUNICATIONS, BILL Reporting Act to limit disclosure of con- ETC. sumer reports on an employee which are ob- Pursuant to clause 5 of rule X, the tained in connection with allegations of ille- Under clause 8 of rule XII, executive following action was taken by the gal conduct; to the Committee on Banking communications were taken from the Speaker: and Financial Services. Speaker’s table and referred as follows: H.R. 1523. Referral to the Committee on By Mr. SMITH of Texas: 7450. A letter from the Chairman, Council Agriculture extended for a period ending not H.R. 4374. A bill to provide for the appoint- of the District of Columbia, transmitting a later than May 3, 2000. ment of 2 additional Federal district judges copy of D.C. Act 13–313, ‘‘Comprehensive Ad- H.R. 3244. Referral to the Committee on for the Western District of Texas; to the visory Neighborhood Commissions Reform Ways and Means extended for a period ending Committee on the Judiciary. Amendment Act of 2000’’ received May 2, not later than May 8, 2000. By Ms. BALDWIN (for herself, Mr. 2000, pursuant to D.C. Code section 1– f WAXMAN, Mr. STARK, Mr. PALLONE, 233(c)(1); to the Committee on Government Mr. KLECZKA, Mrs. THURMAN, Mr. Reform. PUBLIC BILLS AND RESOLUTIONS ALLEN, and Mr. MINGE): 7451. A letter from the Chairman, Council Under clause 2 of rule XII, public H.R. 4375. A bill to amend title XVIII of the Social Security Act to provide for coverage of the District of Columbia, transmitting a bills and resolutions were introduced copy of D.C. Act 13–315, ‘‘Adoption and Safe under the Medicare Program of self-adminis- Families Amendment Act of 2000’’ received and severally referred, as follows: tered drugs that, when used as a replacement May 2, 2000, pursuant to D.C. Code section 1– By Mr. BILIRAKIS (for himself and Mr. for covered drugs, result in overall cost sav- 233(c)(1); to the Committee on Government BROWN of Ohio): ings to the program; to the Committee on Reform. H.R. 4365. A bill to amend the Public Commerce, and in addition to the Committee 7452. A letter from the District of Columbia Health Service Act with respect to children’s on Ways and Means, for a period to be subse- Retirement Board, transmitting the personal health; to the Committee on Commerce. quently determined by the Speaker, in each financial disclosure statements of Board By Mr. HOYER (for himself, Mr. case for consideration of such provisions as members, pursuant to D.C. Code section 1–732 WELDON of Pennsylvania, and Mr. AN- fall within the jurisdiction of the committee and 1–734(a)(1)(A); to the Committee on Gov- DREWS): concerned. ernment Reform. H.R. 4366. A bill to establish in the Office By Mr. GREEN of Texas (for himself 7453. A letter from the Program Analyst, of the Architect of the Capitol the position and Mr. GREENWOOD): FAA, Department of Transportation, trans- of Director of Fire Safety and Protection to H. Con. Res. 315. Concurrent resolution ex- mitting the Department’s final rule—Air- assume responsibility for fire safety and pro- pressing the sense of the Congress with re- worthiness Directives; Dassault Model tection activities of the Architect of the spect to increased funding for the immuniza- Mystere-Falcon 50 Series Airplanes [Docket Capitol, and for other purposes; to the Com- tions program under the Public Health Serv- No. 98–NM–262–AD] (RIN: 2120–AA64) received mittee on Transportation and Infrastruc- ice Act; to the Committee on Commerce. March 3, 2000, pursuant to 5 U.S.C. ture. By Mr. PAYNE (for himself and Mr. 801(a)(1)(A); to the Committee on Transpor- By Mr. ANDREWS: CAMPBELL): tation and Infrastructure. H.R. 4367. A bill to amend title 10, United H. Con. Res. 316. Concurrent resolution 7454. A letter from the Program Analyst, States Code, to enhance the ability of States concerning efforts to avert drought and fam- FAA, Department of Transportation, trans- and local governments to participate in ine in Africa, particularly Ethiopia; to the mitting the Department’s final rule—Air- projects conducted under the alternative au- Committee on International Relations. worthiness Directives; Boeing Model 757 Se- thority of the Department of Defense to ac- ries Airplanes [Docket No. 98–NM–354–AD; quire and improve military housing; to the f Amendment 39–11601; AD 2000–04–18] (RIN: Committee on Armed Services. 2120–AA64) received March 3, 2000, pursuant By Ms. DELAURO (for herself, Mr. ADDITIONAL SPONSORS to 5 U.S.C. 801(a)(1)(A); to the Committee on WELDON of Pennsylvania, Mr. AN- Transportation and Infrastructure. DREWS, and Mr. BOEHLERT): Under clause 7 of rule XII, sponsors 7455. A communication from the President H.R. 4368. A bill to amend the Consumer were added to public bills and resolu- of the United States, transmitting His ap- Product Safety Act to provide for the flam- tions as follows:

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.108 pfrm01 PsN: H03PT1 H2512 CONGRESSIONAL RECORD — HOUSE May 3, 2000

H.R. 49: Ms. MILLENDER-MCDONALD. H.R. 2899: Mr. MARKEY. H.R. 3901: Mr. SANDERS. H.R. 59: Mr. NORWOOD. H.R. 2902: Mr. OBERSTAR and Mr. H.R. 3916: Mr. SMITH of New Jersey and Mr. H.R. 207: Ms. NORTON and Mr. WOLF. FALEOMAVAEGA. ISAKSON. H.R. 252: Mr. GARY MILLER of California H.R. 2911: Mr. BLUNT. H.R. 4013: Mr. BLUMENAUER and Mr. SABO. and Mr. MCKEON. H.R. 2915: Mr. WEINER. H.R. 4029: Mr. WAMP. H.R. 372: Mr. GILMAN and Mr. STRICKLAND. H.R. 2982: Mrs. LOWEY. H.R. 4033: Ms. LOFGREN, Mr. WU, and Mr. H.R. 488: Ms. LEE. H.R. 3010: Mr. EVANS and Mr. SANDERS. H.R. 632: Mr. BLUMENAUER, Mr. WYNN, Ms. H.R. 3043: Mr. PETRI. HUTCHINSON. ROS-LEHTINEN, and Mr. WEXLER. H.R. 3083: Mr. UNDERWOOD. H.R. 4035: Mr. EVANS. H.R. 1044: Mr. WELLER, Mr. EHLERS, and H.R. 3107: Mr. PHELPS. H.R. 4049: Mr. WEINER, Mr. GREEN of Wis- Mr. BERRY. H.R. 3136: Mr. BACA. consin, and Mr. DOOLEY of California. H.R. 1053: Mr. BALDACCI. H.R. 3155: Mr. PETERSON of Pennsylvania. H.R. 4053: Mr. GALLEGLY and Mr. H.R. 1070: Mr. GREEN of Wisconsin, Mr. H.R. 3235: Mr. CONDIT, Mr. ROGAN, and Mr. BALLENGER. SHIMKUS, and Mr. SMITH of Texas. PALLONE. H.R. 4064: Mr. BARCIA and Mr. EVANS. H.R. 3315: Mr. HINCHEY, Mr. SANDLIN, Ms. H.R. 1083: Mr. DOOLEY of California and Mr. H.R. 4073: Mr. SPENCE. THOMPSON of California. MILLENDER-MCDONALD, and Mr. LIPINSKI. H.R. 4102: Mr. PITTS. H.R. 1102: Mr. HEFLEY and Mr. GIBBONS. H.R. 3433: Mrs. MORELLA, Mr. ROMERO- H.R. 4106: Mr. JONES of North Carolina. H.R. 1113: Mr. CONDIT and Mr. DOOLEY of BARCELO, Mr. BENTSEN, Mrs. CAPPS, Mr. California. OWENS, Mr. LANTOS, Mr. BROWN of Ohio, Ms. H.R. 4118: Mr. GILLMOR. H.R. 1129: Mrs. LOWEY. KILPATRICK, Mr. BISHOP, Mrs. MALONEY of H.R. 4132: Mrs. MINK of Hawaii, Mr. THORN- H.R. 1176: Mr. GILMAN. New York, Mr. BALDACCI, Mr. GILMAN, Mr. BERRY, Mr. BRADY of Texas, Mr. STUPAK, Mr. H.R. 1196: Mrs. LOWEY and Ms. PRYCE of KENNEDY of Rhode Island, Mr. KLINK, Mr. BAKER, Mr. EWING, Mr. PRICE of North Caro- Ohio. WYNN, Mr. GREEN of Texas, Mr. EVANS, Mr. lina, and Mr. DICKEY. H.R. 1217: Mr. RAMSTAD, Mr. BECERRA, Mr. ANDREWS, Mr. PASTOR, and Mr. WEINER. H.R. 4144: Mr. SHIMKUS. BACA, Mr. STUPAK, Ms. DANNER, and Mr. H.R. 3500: Mr. DAVIS of Illinois and Mr. H.R. 4152: Mr. HILLEARY, Mr. JEFFERSON, DOOLEY of California. HINOJOSA. and Mr. DUNCAN. H.R. 3518: Mr. GREEN of Wisconsin. H.R. 1239: Mr. SAXTON. H.R. 4157: Mrs. BONO, Mr. COX, Mr. RADANO- H.R. 3578: Mr. HILL of Montana, Mr. OSE, H.R. 1271: Mr. LUTHER, Mr. HOEFFEL, and VICH, Mr. THOMAS, Mr. CALVERT, Mr. Mr. HILLEARY, Mr. HERGER, Mr. BARTLETT of Mr. NEAL of Massachusetts. CUNNINGHAM, Mr. DREIER, Mr. THOMPSON of Maryland, Mr. TOOMEY, Mr. DOOLITTLE, and H.R. 1303: Mrs. MYRICK. California, Mr. HERGER, Mr. GALLEGLY, Mr. Mr. SHADEGG. H.R. 1325: Mr. HOEFFEL. MCKEON, Mr. WAXMAN, Ms. BERKLEY, and H.R. 3580: Mr. SUNUNU, Mr. GUTIERREZ, H.R. 1456: Mr. ROMERO-BARCELO, Mr. MEE- Mrs. NAPOLITANO. HAN, Mr. MARKEY, Mr. PRICE of North Caro- Mrs. EMERSON, Mrs. MORELLA, and Mr. H.R. 4182: Mr. GREEN of Wisconsin. lina, and Mr. SCOTT. BONILLA. H.R. 4210: Mr. KUYKENDALL, Mr. HORN, Mr. H.R. 1495: Mr. PAYNE. H.R. 3593: Mr. FOLEY, Mr. WELDON of Flor- MCGOVERN, Mr. COX, and Mr. DELAY. H.R. 1523: Mr. HAYWORTH, Mr. CANNON, and ida, Mr. JOHN, Ms. BROWN of Florida, Mr. Mr. PETERSON of Minnesota. GALLEGLY, and Mr. CHAMBLISS. H.R. 4215: Mr. TIAHRT, Mr. HALL of Texas, H.R. 1592: Mr. FRELINGHUYSEN. H.R. 3613: Mr. SABO. Mr. MCCOLLUM, Mr. CHAMBLISS, Mr. GEKAS, H.R. 1647: Mrs. MINK of Hawaii and Mr. GIL- H.R. 3625: Mr. STUPAK, Mr. STUMP, Mr. and Mr. NORWOOD. MAN. HAYES, Mr. JOHN, Mr. GOODE, Mrs. CLAYTON, H.R. 4233: Mr. GARY MILLER of California H.R. 1686: Ms. BALDWIN and Ms. JACKSON- Mrs. EMERSON, Mr. LEWIS of Kentucky, Mr. and Mr. ROGERS. LEE of Texas. BURR of North Carolina, Mr. KNOLLENBERG, H.R. 4239: Mr. CAPUANO and Mr. FRANK of H.R. 1708: Mr. COLLINS. Mrs. NORTHUP, Mr. FOSSELLA, Mr. NORWOOD, Massachusetts. H.R. 1885: Mrs. THURMAN, Mr. RILEY, and Mr. SHADEGG, Mr. TAUZIN, Mr. SANDLIN, Mr. H.R. 4246: Mr. NETHERCUTT. HOLDEN, Mr. MURTHA, Mr. MOLLOHAN, Mr. Mr. MCNULTY. H.R. 4260: Mr. BOSWELL and Mr. WELLER. H.R. 1899: Mr. EVANS and Mr. CONYERS. PICKETT, Mr. PETERSON of Minnesota, Mr. H.R. 4271: Mr. SPENCE, Mr. DAVIS of Vir- H.R. 1935: Mr. OLVER. ADERHOLT, Mr. COBLE, Mr. CALLAHAN, Mr. ginia, Mr. ENGLISH, and Mr. BALLENGER. H.R. 2002: Mr. WATT of North Carolina. BRADY of Texas, Mr. BARR of Georgia, Mr. H.R. 4272: Mr. SPENCE, Mr. DAVIS of Vir- H.R. 2121: Ms. CARSON and Mr. MOORE. BARTLETT of Maryland, Mr. DEAL of Georgia, ginia, Mr. ENGLISH, and Mr. BALLENGER. H.R. 2175: Ms. JACKSON-LEE of Texas, Ms. Mr. WATTS of Oklahoma, Mr. DEMINT, Mr. MILLENDER-MCDONALD, and Mr. ABER- SMITH of Michigan, Mr. SCHAFFER, Mr. SAM H.R. 4273: Mr. SPENCE, Mr. DAVIS of Vir- CROMBIE. JOHNSON of Texas, Mr. CAMP, Mr. PITTS, Mr. ginia, Mr. ENGLISH, and Mr. BALLENGER. H.R. 2270: Mr. LEWIS of Kentucky and Mrs. SUNUNU, Mr. TRAFICANT, Mr. GOODLING, Mr. H.R. 4279: Mr. CAMPBELL. JOHNSON of Connecticut. BURTON of Indiana, Mr. SKEEN, Mr. REGULA, H.R. 4306: Mr. MATSUI, Mr. DAVIS of Flor- H.R. 2288: Mr. BACA. Mr. ARMEY, Mr. WATKINS, Mr. MCKEON, and ida, and Mr. SHERMAN. H.R. 2308: Mr. UDALL of Colorado, Mrs. Mr. SHOWS. H.R. 4315: Mr. CHABOT, Mr. PORTMAN, Mr. CUBIN, Mr. MCHUGH, Mr. GREEN of Wisconsin, H.R. 3650: Mr. ENGEL, Mr. OLVER, and Mrs. GILLMOR, Mr. BOEHNER, Mr. KASICH, and Ms. and Mr. TANCREDO. TAUSCHER. PRYCE of Ohio. H.R. 2321: Mr. KLINK, Mr. BATEMAN, and H.R. 3655: Mr. RAHALL, Mr. MEEHAN, Mr. H.R. 4328: Mr. GUTKNECHT and Mr. SHOWS. Mr. DOYLE. OLVER, Mr. GONZALEZ, Mrs. MCCARTHY of H.J. Res. 2: Mr. VITTER. H.R. 2409: Mr. CROWLEY and Mr. UDALL of New York, Ms. BERKLEY, Mr. MEEKS of New H.J. Res. 60: Mr. LEACH and Mr. RAHALL. Colorado. York, Mrs. THURMAN, and Mr. SNYDER. H.R. 2451: Mr. LEWIS of Kentucky, Mr. EHR- H.R. 3663: Mr. ROMERO-BARCELO, Mr. H.J. Res. 64: Mr. WELDON of Florida, Mr. LICH, Mr. SHOWS, Mr. HAYWORTH, and Mr. FROST, Mr. CONYERS, and Mr. BAIRD. METCALF, and Mr. GUTKNECHT. EVERETT. H.R. 3682: Mr. DUNCAN. H. Con. Res. 170: Mr. KINGSTON. H.R. 2485: Mr. GARY MILLER of California. H.R. 3694: Mrs. KELLY and Mr. KING. H. Con. Res. 251: Mr. MCDERMOTT, Mr. LU- H.R. 2498: Mr. PORTMAN, Mr. SANDERS, and H.R. 3698: Mr. GORDON, Ms. HOOLEY of Or- THER, and Mr. ENGLISH. Mr. HALL of Ohio. egon, Mr. MURTHA, Mr. GONZALEZ, Ms. WA- H. Con. Res. 259: Mr. BROWN of Ohio and H.R. 2505: Ms. RIVERS. TERS, Mr. ROGAN, Mr. BRADY of Pennsyl- Mr. STARK. H.R. 2570: Mr. MASCARA. vania, Mr. COYNE, Mr. MARTINEZ, and Mr. PE- H. Con. Res. 266: Mr. SOUDER, Mr. GRAHAM, H.R. 2624: Mr. DAVIS of Illinois. TERSON of Pennsylvania. Mrs. MALONEY of New York, Mr. CAPUANO, H.R. 2640: Mr. SHIMKUS, Mr. GILLMOR, and H.R. 3732: Ms. MCKINNEY, Mr. CLEMENT, Mr. Mr. SHIMKUS, Ms. SANCHEZ, Mr. ENGLISH, and Mr. HOBSON. FARR of California, and Mr. ISAKSON. Mr. STUPAK. H.R. 2706: Mr. CROWLEY. H.R. 3816: Mr. BACA. H. Con. Res. 285: Mr. RILEY, Mr. DAVIS of EWIS ER ORTER H.R. 2736: Mr. L of Georgia, Mr. B - H.R. 3826: Mr. P . Virginia, Mr. ROGAN, Mr. FRANKS of New Jer- MAN ODRIGUEZ U EY H.R. 3841: Mr. WOLF. , Mr. R , Mr. W , Mr. N , Mrs. sey, and Mr. BILBRAY. EMERSON, Mr. HOLT, Mr. BRADY of Pennsyl- H.R. 3842: Mr. STRICKLAND, Mr. SHIMKUS, H. Res. 147: Mr. FROST. vania, Ms. MCKINNEY, Mr. EHRLICH, Mrs. Mr. ABERCROMBIE, Mr. MOORE, Mr. COSTELLO, H. Res. 398: Mr. MOAKLEY, Mr. BERMAN, Mr. MEEK of Florida, Mr. BLAGOJEVICH, Mrs. Mr. GILLMOR, Mr. MINGE, Mr. TIERNEY, Mr. KNOLLENBERG, Mr. FARR of California, Mr. LOWEY, and Mr. TAYLOR of Mississippi. MOLLOHAN, Mrs. EMERSON, Ms. WOOLSEY, Mr. NEAL of Massachusetts, Mr. MCDERMOTT, Mr. H.R. 2738: Mr. WATT of North Carolina and GANSKE, Mr. BOUCHER, Ms. KAPTUR, Mr. RYAN of Wisconsin, Mr. EHRLICH, Mrs. JOHN- Mr. DIXON. SKEEN, and Mr. ISAKSON. SON of Connecticut, and Mrs. ROUKEMA. H.R. 2790: Mr. OLVER, Mr. EHRLICH, and Mr. H.R. 3873: Ms. JACKSON-LEE of Texas, Mr. WELDON of Pennsylvania. STUPAK, and Mr. ETHERIDGE. H. Res. 420: Mr. CUNNINGHAM. H.R. 2871: Mr. SANDERS. H.R. 3880: Ms. SCHAKOWSKY, Mrs. LOWEY, H. Res. 462: Ms. SCHAKOWSKY and Mr. H.R. 2880: Mr. UDALL of Colorado. and Ms. MCKINNEY. STARK. H.R. 2883: Mr. KING. H.R. 3896: Mr. EVANS. H. Res. 463: Mr. HAYWORTH, Mr. METCALF, H.R. 2892: Mr. PICKERING and Mrs. BIGGERT. H.R. 3900: Mr. NETHERCUTT. and Mr. RAHALL.

VerDate 27-APR-2000 09:42 May 04, 2000 Jkt 079060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.120 pfrm01 PsN: H03PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, WEDNESDAY, MAY 3, 2000 No. 53 Senate The Senate met at 9:34 a.m. and was lic for which it stands, one nation under God, will now be a period for the transaction called to order by the President pro indivisible, with liberty and justice for all. of morning business not to extend be- tempore (Mr. THURMOND). f yond the hour of 11 a.m., with Senators permitted to speak therein for up to 5 PRAYER RECOGNITION OF THE ACTING MAJORITY LEADER minutes each. The Chaplain, Dr. Lloyd John Under the previous order, the first 45 Ogilvie, offered the following prayer: The PRESIDENT pro tempore. The minutes is under the control of the Dear God, our Father, we are recipi- Senator from Colorado is recognized. Senator from Minnesota, Mr. ents of the impact of the prayers of WELLSTONE, or his designee. intercession prayed by millions of SCHEDULE I now recognize the Senator from Americans around the clock. Help us to Minnesota. Mr. ALLARD. Mr. President, today remember that You are seeking to an- f swer those prayers as we receive Your the Senate will be in a period of morn- wisdom and guidance. May we never ing business until 11 a.m., with the MIKE EPSTEIN feel alone or solely dependent on our time controlled by Senator THOMAS Mr. WELLSTONE. Mr. President, let own strength. Your mighty power im- and Senator WELLSTONE. Following me thank the leadership of both parties pinges on us here as a result of people’s morning business, the Senate will re- for allowing the Senate to talk to a prayers. An unlimited supply of Your sume consideration of S. 2, the Elemen- very dear friend, Mike Epstein. I want supernatural wisdom and strength and tary and Secondary Education Act, you to know, Mike, and your family, vision is ready to be released. with four amendments also in order that a lot of our staff are back here as Remind us also that our ability to re- under the previous agreement. Mem- well with me. I think this is a little un- ceive all that You have to give is de- bers can expect votes throughout the usual, that the Senate stops its busi- pendent on our willingness to pray for day. ness and focuses on an individual in each other here as we work together in For the information of all Senators, this way. But I think there are some the Senate. We commit ourselves to be- the Senate will continue to debate this things that many of us want to say to come channels of prayer power, not important education legislation Mike. only for our friends and those with throughout the week. It is hoped that I want to start out this way. When I whom we agree but also for those with the Senate can make substantial mentioned in the past couple of days to whom we might disagree, those we progress on this bill, and that we can Senators, but also support staff every- might consider political adversaries, continue to debate education-related where here, that my friend Mike was and especially those who test our pa- amendments. struggling with cancer, I just could tience and those whom we need to for- I thank my colleagues for their at- never have anticipated the reaction. give. So lift our lives from the battle tention. I yield. Mike, I want you to know I can think zone of combative words to a caring The PRESIDENT pro tempore. The of at least four or five times where community where leaders pray for and Senator from Nevada. someone said to me: Mike? He’s an in- communicate esteem to each other. Mr. REID. Mr. President, I ask unan- stitution. Thank you for giving us unity in spirit imous consent that, because we got I know Mike’s priorities, so let me be as we deal with the diversity of ideas. started a little bit late, both sides have clear about the people who talk about This morning, gracious Lord, we ask 45 minutes in morning business. for Your blessing, peace, and healing Mr. ALLARD. No objection. Mike as an institution. And, Mike, I for our friend, Mike Epstein. Be with The PRESIDENT pro tempore. With- know you; this was real. This was real. him and help him to know that You are out objection, it is so ordered. Some of the people who said Mike is indeed Jehovah Shema and Jehovah f an institution were support staff. Peo- Shalom. ple said to me: Mike just treats every- In Your Holy Name. Amen. RESERVATION OF LEADER TIME body so well. He is such a nice, good f The PRESIDENT pro tempore. Under person. He is great, just because of the the previous order, the leadership time way he treats people. PLEDGE OF ALLEGIANCE is reserved. Mike, that is the best compliment of The Honorable WAYNE ALLARD, a f all. Senator from the State of Colorado, led Then Senators said to me: PAUL, the Pledge of Allegiance, as follows: MORNING BUSINESS Mike Epstein is an institution in the I pledge allegiance to the Flag of the The PRESIDING OFFICER (Mr. AL- Senate. Some may have been thinking United States of America, and to the Repub- LARD). Under the previous order, there about history. Some in the Senate—I

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

S3275

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.000 pfrm09 PsN: S03PT1 S3276 CONGRESSIONAL RECORD — SENATE May 3, 2000 do not think that many because we an institution and I want to make sure law school, he served in the Justice De- have had a lot of new Senators—know you and your family hear these words partment as staff counsel, prosecuting of Mike’s role with the Church com- loudly and clearly. attorney, special assistant to the At- mittee and the important investigative The PRESIDING OFFICER. The Sen- torney General, and worked in the research he has done. ator from Nevada. Criminal Division. There are others who are familiar, Mr. REID. Mr. President, when I In 1970 or 1971, Mike moved to Capitol Mike, with the kind of work you have learned Mike was sick, I thought I Hill where he spent the rest of his ca- done with Senator KENNEDY. Mike did should come down and say a few words. reer. What a career it was. I repeat, at some of the most important investiga- I thought: What can I say? I do not any juncture of Mike’s career, he could tive research on HIV infection and want to say anything that will not be have gone anyplace in Washington to AIDS early on when other people in the appropriate. I went to my person who make the big bucks as a lobbyist, as an country did not even want to focus on does my floor work in the Senate, attorney in one of the big law firms, this. Peter Arapis. I said: Tell me about but he decided not to do that. Then other Senators said to me: Mike Epstein. What do you know about He decided to be a counsel to the spe- PAUL, we are going to come to the floor Mike Epstein? cial commission to investigate intel- and talk to Mike today because we He said—and I made some notes—he ligence activities—Senate counsel on have worked with him on the Senate always told us some jokes and he was the Intelligence Committee. He was Foreign Relations Committee when he always funny, always had a smile, and counsel to one of the Senate Demo- was chief counsel to the committee. he appears to be Senator WELLSTONE’s cratic leaders. He was chief counsel to Then way down on the list of prior- best friend. Those are the same things the Foreign Relations Committee. And ities—because I am talking to you, I felt about Mike Epstein. he, of course, for the last 10 years or so Mike, about great work that you do— The feelings about Mike are pretty has been the legislative director for has been the work that Mike and I well known in the Senate. He has a Senator WELLSTONE. have done together. Mike, I know you great sense of humor. He always had At any juncture of his career, includ- will not like me saying this, but I am that sly grin on his face when he was in ing any time he worked for Senator going to say it anyway because it is the Senate, which I appreciated a lot. WELLSTONE, he could have gone any- true. I believe from the bottom of my Mike, I always appreciated your place in town to make a lot of money. heart that everything I have been able being so courteous to me. I had a lot of He has a great academic background, to do as a Senator that has been good dealings with you because as we pro- and of course his experience is tremen- for Minnesota and the country is be- ceed in the Senate—and I say this dous. cause, Mike, you have been there right through Senator WELLSTONE to Mike— So I feel very moved to say nice by my side, 1 inch away from me. it seems one of my responsibilities is to things about Mike Epstein, things I A lot of the people in the Senate get the legislation moving. A lot of wish I had said earlier. know that. As a matter of fact, I say to times Senator WELLSTONE threw a So, Mike, I certainly wish you the my colleagues on the floor, I will never monkey wrench into legislation mov- best. I know your health isn’t as good forget one time when I finally learned ing. Who would I go to to find out what as we would like it. But I certainly at least a little bit of the rules and I really was happening? I would go to the hope you have some peace and rest in was able to come to the floor and fight back row and talk to Mike and say: the next little bit and that you recog- very hard a number of years ago for Mike, what is going on here? He would nize how much we would like to see some assistance for victims of a tor- have a grin on his face as he would tell you in this back row, helping Senator nado that hit Chandler, MN, and other me what was going on. He was always WELLSTONE—kind of the ‘‘Mini-Me’’ of small communities. Mike was there as the person I would go to to break the Wellstone operation. my tutor, as my teacher, teaching me, through the Wellstone logjam that was I think it is also important that Jon- as you do, Mike. created. athan and Bob—your two children— It worked out well, but afterwards, I was looking this morning for some- recognize the great contributions you Alan Simpson, a former Senator from thing to describe you, Mike. I found a have made to Government in America. Wyoming, came up to me and said: quote by James Barrie that is pretty Things are better because of you. Cer- PAUL? good. I believe it really sizes up what tainly, I know the many contributions I said: Yes? you appear to be to me. Barrie said, Senator WELLSTONE has made during He said: You see those fellows on the ‘‘Always be a little kinder than nec- his career have been directly related to other side of the aisle?—pointing to the essary.’’ your expertise. Republicans, and I think Nancy Kasse- Certainly with Mike Epstein, that is I yield the floor. baum was there as well. the case. Mike was always a little Mr. WELLSTONE. Mr. President, I I said: Yes. kinder than necessary to me. Always thank the Senator from Nevada. He said: They have been looking at kind. A lot of times I thought to my- Mr. DASCHLE. Mr. President, I am you. self: Wow, that is really a nice person. not sure what the time allocation is, I said: Yes. I guess I thought maybe he was a little but I will use my leader time to make Mike was a ways behind me about kinder to me than was necessary.´ ´ a few remarks, if I may. where Tinker is sitting right now. I never looked at Mike’s resume. My Mr. President, every day—until very He said: He has been right next to recently—if you looked toward the staff´ ´gave me a little background you the whole time. It doesn’t look resume of Mike today. Here is a man west entrance to the Senate floor, as good. It looks like you can’t do it your- who graduated from Brown University. my colleague from Nevada has just self. It looks like he is doing it for you. Brown is an Ivy League school. It is a noted, chances are, you would see Mike PAUL, the trick is this: You want to wonderful school; some say the best Epstein—with that wonderful, warm have Mike far enough away from you school in America. It is very hard to smile—Senator WELLSTONE’s learned so that it looks like you are doing it get in. It is a small school, and they and much-loved legislative director. yourself but close enough to you in only take the best people whom they Today, however, as so many of my case they throw a whizzer on you, he think can academically be a success. colleagues have already noted, Mike is can be 1 inch away from your side. Then, of course, he went to Boston not with us. He is at home resting, be- That has basically been my method- University Law School, which is one of cause he is very, very sick. His absence ology as a Senator. I had Mike far the top law schools´ ´ in the country. from this floor, from this Senate he enough away so it looked like I was He had a resume. He could have gone loves so well, is conspicuous. It is being doing it on my own, but Mike was close anyplace in the world to work in the felt in the hearts of every member of enough so that always when I needed legal field. He could have gone any- the Senate community. Indeed, it is the advice, I got it. place in the legal field in America to being felt in the very heart of this in- Mike Epstein, I speak on the floor work. He decided very early on that he stitution itself. today in the Senate, and others are wanted a life in public service, and that For Mike Epstein is actually an incoming out to speak, because you are is what he did. As soon as he got out of stitution within an institution.

VerDate 27-APR-2000 01:34 May 04, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.004 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3277 He is a Senate staffer of the old service to the Senate and to the Na- important. It has been because he school. He came to the Senate in 1971— tion. shares Mike’s commitment to give before virtually every member of the Mike, we are keeping you and your voice to the voiceless, and hope to the Senate staff, and before all but seven family very much in our thoughts and hopeless, and to not let the big things sitting Senators. in our prayers. obscure things that are important to That is not the kind of thing Mike I yield the floor. average Americans and people who are would ever tell you. As a staffer of the The PRESIDING OFFICER. The Sen- struggling out there every day. old school, he isn’t given to boasting or ator from North Dakota. That is the legacy of the service of self-promotion. Then again, he doesn’t Mr. DORGAN. Mr. President, yester- someone such as Mike Epstein to this have to: his experience and his ability day Senator WELLSTONE told our cau- Senate. As he struggles with this speak for themselves. cus of the health challenges Mike Ep- health challenge, I just wanted to com- During Mike’s tenure here, he has stein has been facing. I am someone ment, as a member of this caucus, and served on the staffs, as I am sure my who knows Mike. Am I his closest to say to Senator WELLSTONE, and say colleagues have already noted, of some friend? No. But Senator WELLSTONE directly to Mike Epstein, our thoughts of our most distinguished Senators to had his office next to mine in the Hart and prayers are with you. This country serve in my lifetime, including Senator Building. Every day—during votes, and is better because of your service in this ROBERT C. BYRD, Senator TED KEN- coming and going in the Senate—I Senate. NEDY, Senator PAUL SARBANES, and would see Mike Epstein and see my col- We wish you well. now—for the last 9 years—our dear, league, Senator WELLSTONE, moving Mr. President, I yield the floor. back and forth. I watched, with some dear Senator from Minnesota, Mr. The PRESIDING OFFICER. The Sen- wonder, at the work he did for Senator PAUL WELLSTONE. ator from Iowa. He also served as a member of the WELLSTONE. I know he is now facing a health Mr. HARKIN. Mr. President, first of staffs of the Committees on Foreign all, I thank my friend and colleague, Relations, Ethics, Labor and Human challenge that is difficult. I know there AUL WELLSTONE, for having are times in this fast-paced world of Senator P Resources, and Judiciary. the foresight and the intelligence to He first came to Washington in 1962 ours—especially here in the Senate, have Mike Epstein on his staff for all as a young attorney working at the De- with the travel and the hearings and the years he has been here in the Sen- partment of Justice for Attorney Gen- the moving about quickly—that it is ate. eral Robert F. Kennedy. easy to forget what makes this work Along the way he picked up a library and what has real value in our lives. I say to you, Mike, you could not full of knowledge, and a mind full of This is a moment, as Mike faces this have picked a better person to work for wisdom. challenge, to say to Mike: Our in the Senate. PAUL is in the great tra- He became—at the elbow of the mas- thoughts and prayers are with you dition of those you have worked with before in the Senate. ter, Senator ROBERT C. BYRD—an ex- today as you face this serious health pert in Senate history, rules, and par- challenge. But we also want, as we I also want to thank you, Mike, for liamentary procedure. think of you, to say thanks for what all of your work in the Senate over all He also became a friend, teacher, and you have done here. The people who these years. When I heard the other mentor to generations of Senate staff. serve here, especially my colleague, day that you were home battling can- And he became a valued and trusted Senator WELLSTONE, know how impor- cer, I said, it is impossible; I saw him counselor to the Senators for whom he tant personal relationships are. right back here just the other day, in worked, and for many others—this Sen- The only thing we really have, as we back of the balustrade over here. Many ator included. try to deal with public policy, is our times I would be sitting here when de- What a career. What a remarkable work. Personal relationships are every- bate would be going on, and I would go achievement. But then again, what a thing. But it is not just personal rela- over and say, ‘‘Mike, tell me what is remarkable man. tionships between Senators; it is also happening,’’ or ‘‘What is going on here What is perhaps most remarkable the relationships that exist around on the floor?’’ or ‘‘What is the amend- about Mike is his passion. here between Senators and some tal- ment? What is our strategy?’’ Even though all those years of public ented, dedicated people who help make Mike would fill me in. I thank you, service tends to wear someone down, this institution work. One of those is Mike, for keeping me up to speed as to Mike is still fiercely, proudly com- Mike Epstein. what was happening on the floor a lot mitted to the ideals of a progressive Each of us aspired to serve our coun- of times. Mostly, I also want to thank agenda, much like his boss, Senator try in different ways. That is what per- you, Mike, for all the times we rode WELLSTONE. suaded us in the Senate to seek public back and forth on the subway cars to- But ‘‘boss’’ is the wrong term to use office. It is what inspires some of the gether. It seems around here that in describing the relationship between most talented, dedicated men and sometimes you just kind of meet cer- Mike and PAUL. They are more like women in our country to want to come tain people at certain times. It is un- family. In fact, Mike says PAUL is like and serve and work in these Senate of- planned and it sort of happens. I don’t a brother to him. I know PAUL feels ex- fices. know why, but you and I, Mike, seemed actly the same way about Mike. Mike Epstein has worked with Sen- to be on the same schedule to ride the Before joining PAUL’s staff in 1991, ator WELLSTONE for many years. I subway. I don’t know what the subway Mike told a friend that his dream job know Senator REID just talked about ride is, a couple or 3 minutes. There would be to work as Senator PAUL at the end of considering pieces of leg- was always time for me to get a 3- WELLSTONE’s legislative director. That islation. I say to Senator WELLSTONE, minute briefing from you, Mike, on dream came true for Mike, and he and at the end of the consideration of what we were doing and what we were PAUL have been inseparable ever since. pieces of legislation that are long, tor- fighting for. It revolved around I think So, Mr. President, on behalf of the turous trials, trying to get all the what I would like to say is the liberal Democratic Conference, the Demo- amendments in, Senator REID and I cause. cratic staff, and frankly, the entire have always tried to figure out, how do If there is one thing I would like to Democratic Party, not to mention our we get these amendments compressed? really thank both Mike Epstein and Senate community, I thank my friend, In almost every case, at the end of the PAUL WELLSTONE for, it is for fighting PAUL WELLSTONE for being here today process, it has been Senator for the liberal cause. I can’t think of and for telling this Senate how much WELLSTONE who has had three or four anyone who embodies more of what I Mike Epstein means to this institution amendments. believe is the real face of liberalism in and to all of us. The reason: I know Mike Epstein this country than you, Mike. I think of Most of all, I want to express our would be sitting behind Senator what President Kennedy once said. I heartfelt gratitude to our gallant, cou- WELLSTONE, and Senator WELLSTONE may get the words a little wrong be- rageous colleague, Mike Epstein, for would be exhibiting this passion, say- cause I am reaching into my memory his friendship—and for his inspired ing: No, we have to do these. This is bank now. But President Kennedy was

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.011 pfrm09 PsN: S03PT1 S3278 CONGRESSIONAL RECORD — SENATE May 3, 2000 once asked—I believe when he was run- together. I thank him for persuading drawn upon by so many of our col- ning for President—about being a ‘‘lib- our leaders who have responded posi- leagues in ways to advance the cause of eral,’’ whether he was a liberal or not. tively that we take a few moments our common humanity and decency. President Kennedy responded by say- from the business of the Senate to give Mike Epstein’s work in the Senate ing: Well, if by liberal you mean some- recognition to an individual who has will be long remembered—the legisla- one who is soft on defense, someone given so much of his life to this insti- tive battles he helped us win, and the who is not concerned about ethics and tution and, really, to our country. losing battles he helped us fight so morals, someone who doesn’t believe in I am grateful to join with my col- well. But his true legacy will be his responsibility and accountability—if leagues in adding a word about this ex- commitment to public service, and his that is what you mean by liberal, that traordinary individual because, in a dedication to the institution. He is is not me. But if by liberal you mean very important way, his life has been among the ranks of those who choose someone who cares deeply about the the U.S. Senate. I was fortunate to give deeply of themselves to make a health and the welfare and the happi- enough, along that pathway of his, to significant difference in the lives of so ness of our people, and if by liberal you have the opportunity to work with many people across this country. That mean someone who fights for the edu- him, as several of my colleagues did, achievement will stand as a shining ex- cation of all of our kids, even the most those who are here now, such as Sen- ample to everyone who works in the disadvantaged, and if by liberal you ator SARBANES, and some who are not Senate—Senators and staffers alike. mean someone who will fight for the el- with us, Phil Hart and Claiborne Pell, I grew up in a family where members derly and their rights in our society, if as well as Senator Byrd. So I welcome of the family were taught that they that is what you mean by liberal, then this chance to join with others in rec- should and they could make a dif- I am one, and I am proud to be one. ognizing Mike Epstein’s extraordinary ference, and that each of them should So, Mike, I think you embody ex- service. try. actly what President Kennedy was Mike Epstein came to the Senate Ju- I remember listening to the members talking about. In all the years I have diciary Committee after 9 years at the of our family who said you do not have known you, that has really been your Department of Justice, where he served to be a United States Senator to make mantle. In all the strategies we had as a Federal prosecutor. He used those a difference. All you have to do is give here in fighting for legislation, I think same skills that made him a top-notch of yourself and work towards a pur- you, Mike, really represented those prosecutor to investigate some of the pose. who didn’t have a high paid lobbyist most difficult issues before our coun- This country is a better country be- pushing for them, such as children in try. If there was a lead, he pursued it. cause of Mike Epstein. Today there are poverty, working parents who needed If there was a fact to be found, he scores of people—there are children some help, and even my people living would find it. He left no stone who are getting better opportunities, in rural areas—a lot of times you unturned. He served the committee young people who are getting better helped them. well, and I am proud that he was a educations, older people whose lives I just wanted to take this time to member of my staff. have been enhanced—who will never thank you, Mike, for always fighting It was during that period that Mike’s know the name of Mike Epstein. But for what I believe is in the best tradi- love for this institution grew and ma- because of Mike, their lives are more tions of liberalism in this country. It is tured. Though he left briefly in 1974, he graceful and more useful and more pro- the liberal attitude that I believe couldn’t stay away for very long. With- ductive, and their sense of hope is real- makes us more compassionate and unin months, he was back working for the ized—all because of the extraordinary derstanding toward one another, and Senate Intelligence Committee, and service of an extraordinary human you have embodied that during the en- later for three additional committees, being. tire time I have known you for all and then for several of my colleagues. We love you, Mike, and we always these years. It is a mark of the man that Mike will. Again, I thank you for that. You worked for so many different commit- The PRESIDING OFFICER (Mr. L. have been a great person, a remarkable tees and Senators. His career in the CHAFEE). The Senator from Maryland. person. For as long as I am here, I am Senate reflects an extraordinary Mr. SARBANES. Mr. President, I join always going to turn back to the balus- breadth of interests and a genuine love my colleagues in expressing apprecia- trade and look for Mike Epstein to tell for this institution. He is well-versed tion to Senator WELLSTONE for arrang- me what is going on and what our on issues ranging from international ing for this period this morning to give strategy is and to keep me focused on affairs to education; from health care us a chance to send a message to Mike, what really matters around this place, to drug treatment and prevention. In and to talk with him, as it were, long and that is what we do to enhance the fact, the country owes Mike a debt of distance for just a few minutes. lives of people at the bottom of the lad- gratitude for his tireless work on the I was struck as I listened to my col- der. That really is the mark of what we 1988 drug policy legislation. He was an leagues as they spoke about Mike’s at- are about and should be about as a Sen- articulate advocate for a more bal- tributes. His kindness, his warmth, ate. anced and comprehensive approach to which I think everyone who came in Mike, I thank you, and I thank PAUL drug policy. contact with him would subscribe to. for getting us together this morning to Because of his landmark work, the I still remember him on the staff pay tribute to you. I know you are country began to enhance its enforce- back row here in the Chamber with, I struggling right now, and I just want ment efforts by also considering the guess one might call it, a mischievous you to know that you are always in my importance of drug prevention and smile on his face, and his generosity thoughts and you are always in my treatment, as well as a fairer approach with his counsel. prayers. I can just tell you that all the to sentencing. Presumably Senator WELLSTONE was things you have fought for and believed Mike’s work on each of these issues aware and gave a special dispensation in so strongly in the Senate, believe was guided by a love for national pol- to all of us to contact Mike, even me, we are going to keep on going with icy and also for the Senate and its pro- though he was working for PAUL, for them. So take care of yourself and just cedures. He understands so well the re- his counsel and advice on matters that know that we are with you. lationship between the rules and the were before the Senate. I yield the floor. outcome of a legislative debate, which I took advantage of that opportunity The PRESIDING OFFICER. The Sen- is so key in being a useful and produc- on many an occasion, and always bene- ator from Massachusetts is recognized. tive and effective Member of this body. fited from it. Mr. KENNEDY. Mr. President, I join The rules form a framework that en- He has been spoken about by many of with my other colleagues, first of all, sures the fairness of the debate and an my colleagues as an institution in the in thanking a very special friend and outcome that can be respected. Mike Senate, and I think that is very true. someone we admire and care so much knows that, and it is reflected in his But I want to make this point in about, our colleague, PAUL WELLSTONE, work. In so many instances, his knowl- talking about Mike as an institution, as TOM HARKIN has said, for bringing us edge of the ways of the Senate was and the impact he had on this body. I

VerDate 27-APR-2000 01:34 May 04, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.008 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3279 think we are also paying a tribute to lead better lives today because of the with you, Mike. Boy, I was feeling good all of the loyal and hard-working staff work and the commitment of Mike Ep- because we don’t win a lot around here in the Senate who make it possible for stein here in the Halls of the Congress these days. It was a good feeling. You this institution to function and to play for now almost three decades. looked at me and instead of saying, its proper role in the American con- So Mike, we want to take this oppor- good work—which is of course what I stitutional system. tunity to just talk with you and tell wanted to hear from you—you said: He and Senator WELLSTONE developed you how much you have meant to all of You know, we really have much more a very close relationship. As some have us. to do on this. We have to build on this. noted, they were like family—like I want to close with one final obser- We have to take it the next step. brothers towards one another. But vation. Mike, throughout all of this At first, I thought, this was not what Mike’s family is also all of us because commitment and tough fighting for I wanted to hear. I wanted to relax and he was such a caring friend. principle and for causes, you consist- enjoy the moment. When I got back to So this is a trying time. Mike, we ently reflected a civility and a decency my office I realized: He is right, we just want you to know that you are very and a respect for others which I think, have to build on our success. We have much in our thoughts and in our pray- explains, why you have come so much to keep on working and keep pushing. ers, and as the Chaplain said this into the hearts of so many people. That gleam Mike always has in his morning when he opened the Senate I join others in expressing my grati- eye really comes with this message of and pronounced his blessing we also tude to you for all you have meant to fighting. That is why I think he and hope that you will derive some peace us, and in wishing you the very best PAUL WELLSTONE are such a great com- and harmony from this conversation. now in this difficult and trying time, bination. You can’t have more of a I want to talk for a moment about and in saying a very heartfelt thank fighter for the people than PAUL Mike Epstein as a thoroughly com- you for being our friend. WELLSTONE. It is a great and con- mitted fighter for progressive prin- The PRESIDING OFFICER. The Sen- tagious quality. We need more of it ciples. ator from California. around here. It is easy to give up, As others have noted, when he fin- Mrs. BOXER. Mr. President, it is an whatever side of the aisle you are on, ished law school in 1961 at Boston Uni- honor to be able to talk to Mike for or wherever you stand on the issues. It versity where he graduated with hon- just a couple of minutes and to do so is tough to get in some of these battles. ors and was an editor of the Law Re- with my friends whom you and I care It is tough to stand and debate and view, he came to Washington and went so much about and to say, particularly fight for your point of view. to work for the Justice Department. to Senator WELLSTONE, thank you for There is a lot at stake, Mike, and you That was headed at the time by an- standing up in the caucus and for tell- always understand that. I hope you can other Kennedy. Mike enlisted in that ing us about Mike’s battle and inviting take that amazing spirit, fight, and effort and served with great distinction us to speak with him. spark with your family, engage in this in the Department of Justice for al- The message I want to give you fight you are in right now, and know most 10 years. today, Mike, is that you have made a that a lot of Members, including staff He then came to Capitol Hill and held mark in the Senate. It is hard to do and Senators alike, really care about a number of very significant respon- that because I am sure you know we you and respect you so much. sibilities in the Senate: Counsel to have at least 100 fairly large egos Thank you. Senator KENNEDY; then Counsel to the around here. To make a mark in such Mr. FEINGOLD. Mr. President, I am special committee to investigate intel- a place is a tribute to you. You have pleased that Senator WELLSTONE is on ligence activities, the Church com- made a mark among so many Sen- the floor at this point. I want to join mittee. He was counsel to the Select ators—by the way, you picked some my colleagues and speak regarding our Committee on Intelligence; counsel to wonderful ones to work for—and also good friend, Mike Epstein, and I send the Democratic leader. For more than among staff. my thoughts to Mike as well. This is a two years, he was chief counsel to the I don’t know whether you can see the wonderful place to work in the Senate Senate Committee on Foreign Rela- staff here, Mike, but there are quite a and in this community. But it is a tions, which is where I got to know number of them here today. If they tough town. Mike Epstein is one of the him best. I had that wonderful oppor- could grab a microphone away from us, warmest, best people I have ever met. tunity to work closely with Mike and I I know they would. They also send For a while, I was a little jealous that still treasure the close relationship we their strong and best wishes to you and he worked for Senator WELLSTONE, developed. their love. until I found out that Senator Consistently throughout all these re- It is kind of unusual for someone to WELLSTONE, with Mike Epstein, is a sponsibilities, Mike reflected his abid- have that kind of amazing respect and team operation. Whenever I needed ening commitment to the U.S. Constitu- admiration from Senators and staffers couragement out here and Paul wasn’t tion. alike. There is a reason for it. You around, or somebody from my office, He understood the significance of the chose this career for the right rea- all I had to do is turn back and look at Constitution in our political system, sons—not for the power, not for the in- Mike who would give me a warm smile and Mike, again and again in carrying fluence. In many ways, you have that and good advice. He is a good friend. I out your responsibilities, your deter- through the powerful and effective peo- am proud to be associated with Mike mination that we should pay appro- ple for whom you work. and to have worked with him over the priate respect and deference to the But that is not why you decided to years. Constitution constantly came through. make your career in public service. It I thank Paul very much for giving us Secondly, I was struck by Mike’s is really because inside you, you have this opportunity. commitment to American democracy. this burning feeling that we need to Mr. WELLSTONE. Mr. President, my It is a complicated business to make make life better for all the American colleague from Wisconsin sent a won- American democracy work—We are a people. That is reflected in the work derful letter that was read to Mike and very diverse, pluralistic nation. We are you do, as well as the people for whom he loved it. I thank him for that. now getting up towards 300 million peo- you chose to work. That is reflected in Mr. WELLSTONE. I thank all of the ple. Mike understood the importance of making life better for families, chil- Senators who spoke for Mike and his opportunity and fairness for the work- dren, and workers, regardless of who family. There are other Senators who ings of the American political system they are or what their status is. will be speaking who could not work and was constantly committed to those But I want to tell you, Mike, I re- into this timeframe. It is quite amaz- goals and to those objectives. member just a couple of weeks ago ing to have so many people come down. He had an abiding commitment to when I was feeling my oats because we Mike, I want you to know that the working people. As Senator KENNEDY had won an amendment on the floor Parliamentarian, staff, Republican, noted, there are hosts of people across dealing with sensible gun laws. It had Democrat, everybody here has a look the country who never met Mike Ep- been such a struggle. I found myself in on their face, an expression of love and stein and don’t know his name, but the subway, going back to my office support for you and your family.

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.024 pfrm09 PsN: S03PT1 S3280 CONGRESSIONAL RECORD — SENATE May 3, 2000 I finish this way, Mike. It has not quisition so those who need to develop this year in separate legislation have been our friendship—the relationship is the necessary skills to speak English been included. These bills focused on not like I hired somebody to be my as- can be given the assistance to do so. the growing needs of education in our sistant; it is more like I hired some- Title VIII deals with impact aid, a rural communities. Earlier this year, I body who has been my teacher. Maybe form of aid critically important for introduced an education bill—now title that is why we are joined at the hip. those areas where the Federal Govern- VI part B, the Rural Education Initia- Sometimes when I come to the floor, ment creates an additional burden tive—that would allow school districts probably I make mistakes, maybe get through its use of Federal property. to combine the small amounts of fund- too intense, feel too strongly. I will ask And Title VIII deals with Indians, Na- ing they may receive for specified pro- Mike, how have I done? He will be will- tive Hawaiians, and Alaskan Native grams, to accumulate a book of funds ing to give me quite a bit of construc- education, dealing with specific needs large enough to address local prior- tive criticism. But sometimes I will be throughout the Nation where we need ities. The committee recognized the down on the floor with other Senators focused efforts. unique challenges facing rural school and I will go back to the office and I I thank the chairman of the HELP districts by incorporating this impor- will go to Mike and look for approval. Committee, Senator JEFFORDS for his tant provision into the bill before us I will say: Mike, how did I do? And he leadership on this bill. I also like to today. The students, parents, teachers, will say: That was just right. thank the ranking member, Senator and administrators in Idaho appreciate Mike, I hope you think this was just KENNEDY, and all the members of the your commitment to small, and some- right. committee for their time and efforts to times poor, rural school districts. I yield the floor. bring forth a bill that invests in public Regarding title VIII and the Impact The PRESIDING OFFICER. The Sen- schools and offers our children an un- Aid Program, I am pleased to see legis- ator from Wyoming. paralleled opportunity for education lation I authored earlier this year in- Mr. THOMAS. What is the time sta- reform and a better education. I com- cluded in the bill. My legislation rec- tus? mend all for your endeavors in tackling ommended changing the formulas by The PRESIDING OFFICER. Under the tough decisions that face our which Impact Aid funds are distributed the previous order, the time until 11:15 schools and our children. to schools. This change, and other im- is under the control of the Senator The pending ESEA bill offers stu- portant changes in the bill before us, from Wyoming or his designee. dents and parents a tremendous oppor- reaffirm our commitment to those Mr. THOMAS. Let me first say how tunity for better schools and a better children in schools where the loss of touching and impressive it was for the education. Perhaps our greatest accom- local property taxes due to a large Fed- Senators to come to the floor and plishment in this bill is the reduction eral presence has placed an extra bur- make these comments. All of us have of Federal regulations. While the Fed- den on local taxpayers. Mike in our hearts and prayers. eral financial contribution is approxi- The Educational Opportunities Act I yield to the Senator from Idaho as mately 7 percent of total education also ensures that teachers are an inte- much time as he desires. costs, the requirements currently gral part of the effort to improve pub- f placed on States represent a dispropor- lic education. The bill recognizes that EDUCATIONAL OPPORTUNITIES tionate burden in redtape and Federal strong professional development for ACT control. our teachers is the foundation of our effort to facilitate improved student Mr. CRAPO. Mr. President, I appre- Granting waivers to States, and al- achievement. Whether professional de- ciate the opportunity to come to the lowing them to bypass complex, con- velopment is emphasized through tech- floor today and speak with regard to fusing, and time consuming mandates, nology training, quality mentoring, or the Educational Opportunities Act we is one of the most important things S. programs to recruit, hire, and train will be debating later today. The Edu- 2 does to help schools reach their full certified teachers, all which I proposed cational Opportunities Act represents potential. in legislation earlier this year, under an opportunity to make a striking In exchange for increased State and this bill schools will have the flexi- change in education in America. I will local flexibility, the Education Oppor- bility to influence education based on quickly go over what it is that this act tunities Act requires greater account- local principles and local successes. with which we are dealing will do. ability for improving student perform- Title I of the act is dedicated to help- ance. By establishing high standards Nothing can replace qualified teachers ing disadvantaged children meet the and demanding accountability, this bill with high standards and a desire to high standards of education that we represents a great step toward ensuring teach. Coupled with professional devel- seek to have them achieve. the academic success of all students. opment opportunities, our teachers Title II is dedicated to improving Senator GORTON’s Straight A’s pro- must be equipped to positively influ- teacher quality throughout the Nation. posal also allows interested States to ence and inspire every child in their Title III contains enrichment initia- consolidate up to twelve Federal for- classroom, and ultimately accelerate tives for our schools, including initia- mula grant programs in exchange for student achievement. tives such as the gifted and talented flexible approaches that boost student As I close, I would like to clarify one programs; the advanced placement pro- achievement. The Straight A’s proposition that I have heard misstated, grams; help for neglected, delinquent, gram gives States more flexibility in not only during this debate, but in var- and at-risk students; and help for each the use of Federal funds, so long as it ious forums on education reform. Some school to meet each child’s unique edu- can be demonstrated that the flexi- have expressed the unwillingness of Re- cational needs. bility is used to achieve higher aca- publicans to adequately fund education Title IV deals with developing safe demic results for students. initiatives like many of those we are and drug-free schools. Senator GREGG’s efforts to promote debating today. Some individuals have Title V deals with initiatives for edu- portability should also be commended. gone so far as to say that we have pro- cational opportunities, initiatives that This child-centered approach estab- posed significant cuts. This is far from will involve opportunities such as tak- lishes per-pupil amounts to be used for the truth. Last year’s consolidated ap- ing maximum advantage of the tech- supplemental services, such as tutor- propriations bill included significant nology education we need to provide ing. This change, would for the first funding increases for education. In for our children. time, ensure that the money follows fact, education was funded at $990 mil- Title VI involves innovative edu- the student. No longer will a school lion above the President’s budget re- cation where we give flexibility and with title I students go without receiv- quest and $2.4 billion more than fiscal power to the local teachers and parents ing funding for the very students it is year 1999 levels. While there is a clear to create innovative educational pro- asked to educate. disagreement on how to spend edu- grams in their communities that will As I have looked through this bill cation funds, I hope that we can pro- help empower students. and reviewed the various provisions, I ceed with an honest and accurate dis- Title VII deals with bilingual edu- am particularly pleased to see a num- cussion about the support for adequate cation and language enhancement ac- ber of measures I introduced earlier funding.

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.013 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3281 If we put our differences aside and individual decisionmaking. We are generations will look forward and say: work together to pass this bill, ESEA talking about a system which will We do not fear cancer as a major threat will be reauthorized for five years, with allow students in that individual class- to health. In fact, the odds may be a price tag of nearly $160 billion. In room, and teachers and local boards of pretty good we both have a pretty ac- 1965, the original ESEA bill was en- education and States, to make more curate vision of opportunities in the fu- acted to close the achievement gap be- decisions about their future than they ture. tween rich and poor students. I have have had the freedom to make, using Indeed, at this point in our Nation’s yet to speak to a Senator who is not education dollars, at any time in the history, in the wee hours of a new mil- willing to provide the funds to achieve past. lennium, we have tremendous potential this worthy goal. But, I believe there This is a model we followed pre- to accomplish things that until now are some Senators who share my con- viously. I think the correct model to have been unimaginable—eliminating cern that we will continue to fund a look at is welfare reform that this Con- cancer as a major health risk in the system where the original goal of this gress, in 1995 and 1996, debated and country or going to other planets. 35-year-old law is no closer to being passed. It was major welfare reform However, for the future to become met. Instead of narrowing the achieve- legislation in that we went from a fed- how we envision it today, our Nation’s children must receive a first-class edu- ment gap, we see the gap actually wid- eralized system of one-size-fits-all cation. Over the next couple of weeks, ening. Too many of our students con- rules and regulations to a State sys- we will have a chance to address our vi- tinue to perform at low standards, with tem. We set up some parameters and sions for the future in providing that many ranking near the bottom of a list guidelines at the outset. We said our objective was to get people to work and first-rate education for our children. of 21 industrialized nations in many When I say visions for education, I have the freedom of the workforce and subject areas. Continued Federal fund- use the plural for a reason. When Sen- not continue to be strapped down in a ing should be implemented with the ators from both sides of the aisle close system that did not allow individuals goal of closing the achievement gap, their eyes and envision the future of and rewarding successful schools, rath- to blossom. It was a system that con- American education, they often see er than funneling money into failing fined people, in many cases, to failure. very different results. One vision about We said we were going to let the programs. If our original goal re- which we have heard quite a bit in the States innovate. We were going to let mains—closing the achievement gap— past few weeks is the vision of the sta- the States work to help people more in- it is not unreasonable for Federal funds tus quo. Some want to move into the stead of having this one-size-fits-all to be tied to strict accountability new century using the old model which standards. system. It has been a brilliant success spends education funds through spe- Congress takes up the reauthoriza- in welfare reform. Welfare rolls are cific categories that the Department of tion of the Elementary and Secondary down 50 percent. People are working Education sees fit. They will continue Education Act every 5 years. What we and receiving a check in the mail, and to hold school districts accountable do now will significantly impact the they are happy about it; they are in primarily for filling out their paper- lives of all students. We cannot sit charge of their future rather than work correctly and on time. around any more waiting to see if our thanking the Federal Government for a In one sense, this model is very suc- old programs suddenly work. In 5 small subsistence payment to mire cessful. This model has been successful years, one child will have completed them in poverty all of their lives. at creating programs. Currently, ESEA his or her elementary career. Another It was innovation, it was opportuni- is comprised of over 60 different pro- will graduate from high school and ties, it was local decisionmaking, and grams, each one specifically tailored to enter our increasingly demanding tech- it has been wildly successful. We want address a problem or problems with nological workforce. Are we willing to to replicate that model in education— public education that Washington per- let another 5 years go by before mak- local decisionmaking, innovation, indi- ceives. With 46 million students in ap- ing real changes? Are we willing to vidual opportunities, and I think this proximately 87,000 public schools, it is allow another child to be pushed is going to be wildly successful if we pretty impressive that we can figure through a failing system? I am not, and are given the opportunity from our col- out their needs so well from here—one that is why the provisions and initia- leagues on the other side of the aisle in place. tives incorporated in this bill must be the Democratic Party to allow us to The status quo model has also been supported. move forward with this model of edu- extremely successful at holding States, Education is the key that unlocks cation reform. school districts, and schools account- the future for our children, our State, I hope we do not get hung up as we able for filling out paperwork. While our Nation, and there is no higher pri- did last week on the marriage tax pen- the Government provides only 7 per- ority. I support the Educational Oppor- alty saying, to pass marriage tax pen- cent of local school funding, it de- tunities Act, which reauthorizes the alty, we want to deal with germane mands 50 percent of all school paper- Elementary and Secondary Education amendments, and then we were stopped work. Those are pretty bad odds. In Act and I urge my colleagues to work by a number of nongermane amend- fact, some State education agencies de- together to pass a bill we can all take ments on topics that were not relevant vote 45 percent of their staff to admin- pride in supporting. at all to the marriage tax penalty. It istering the funds they receive from The PRESIDING OFFICER. The Sen- appears we are starting down the same the Federal Government. Quite waste- ator from Kansas. track. ful. Mr. BROWNBACK. Mr. President, I We want to do something significant This paperwork burden demands 49 rise today to talk about our vision for in education reform. We can do it. We million hours each year, or the equiva- the future, our vision for the future of have the time, we have the floor, and lent of 25,000 employees working full education and why that is important we have the opportunity. Or are we time on paper rather than kids. Indeed, for the future. We have to provide a going to be stopped by things that sim- fewer than 50 percent of the personnel high-quality education to the students ply do not pertain to education at all? employed by public schools are teach- of the United States in order for them The Democratic Party is going to ers today. to be able to compete, for them to be have to decide whether we move for- Unfortunately, with all of its success able to grow, for them to be able to ward with an education bill or this is over the past 30 years, the status quo prosper into our future. I think it is just another chance to block major leg- model has been a failure in one very critical at this juncture that we in this islation and complain about a Congress important aspect, and that is student country talk about what that vision is that does not do anything when there performance. Many of the status quo of our future, that vision of education are those on their side of the aisle who programs have been specifically tar- in our future. seek to stop us from doing anything. geted toward low-income students. Yet We are talking about a different In a vision of the future, I imagine a in the fourth grade, 77 percent of the model. We are talking about a different future in which a human being actually children in urban high-poverty schools way to go. We are talking about more steps onto another planet in our solar are below basic on the National Assess- innovation. We are talking about more system, and I imagine that the coming ment of Educational Progress test.

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.012 pfrm09 PsN: S03PT1 S3282 CONGRESSIONAL RECORD — SENATE May 3, 2000 Problems with student performance Mr. BOND. Mr. President, I have been We need to be bold enough to stand are not confined to urban districts. listening with a great deal of interest up and admit that these good inten- These problems have touched the lives as my colleagues on both sides of the tions have gone astray. Our good inten- of literally millions of Americans. aisle have expressed their views on edu- tions are failing our public schools and, Since 1983, over 10 million students cation. I particularly commend my most importantly, they are failing our have reached the 12th grade without neighbor and colleague from Kansas children. Let’s recognize what we do having learned to read. Over 20 million and my good friend from Idaho for not know in Washington has become have reached their senior year unable their very perceptive comments about obvious. Washington does not always to do basic math. education. know best, especially when it comes to The bill before us has in it a different As I listen to the debate back and micromanaging the education of chil- vision for American education. This forth, it is clear we have two very dif- dren in local schools throughout this new vision is the vision of innovation ferent approaches to education being country. versus the vision of status quo. Under championed. On the one side, we have What is wrong with giving control of this model of innovation, instead of re- trust of local schools; on the other education to local schools and to the lying on Washington to assess the side, we have mistrust. States? What happened to everyone problems facing 46 million students, we On one side, we advocate local con- saying that education is a national pri- rely on the parents, teachers, and prin- trol; on the other side, they advocate ority but a local responsibility? I firm- cipals who know the children’s names. Federal control. ly believe that is true. If that were Instead of counting on the bureaucrats On our side, we say that parents, true, and the other side trusted those at the Department of Education to fig- schools, teachers, and school boards at the local level, this debate would ure out the needs of 87,000 public know best. On the other side, they say not be as controversial as it is. schools, we leave it up to the school Washington knows best. What is wrong with letting classroom board members and State education of- For me it is not a tough choice. This teachers, principals, and school boards ficials who can tell you about the is not rocket science: trust, local con- fashion plans to improve learning and neighborhood where the school is lo- trol, parents, schools know best. There achievement in their own schools? cated. is no question in my mind. Back in my home State of Missouri, Under this model, we count on these I come to the Senate floor today to no one thinks the answer to improving people to identify the problems facing say—and I have said it before and I will public education lies within the Halls our students and schools and to be in- say it again—I spent my adult career of Congress or in the granite buildings novative in finding a solution to fix working with parents, teachers, and in downtown Washington’s Department these problems. school boards in Missouri. I have of Education. This model has already started to watched them work. I have watched Almost everyone I have talked to work in places such as my State of their education decisions. I spent the will say: Stay out of the way and give Kansas. Over the past 3 years in Kan- last 13 years in this body watching the local schools the opportunity. sas, we have seen Federal education Congress debate issues and watching Missourians know, and I know, that funds increase by over $21 million. the Federal bureaucracy administer the real solutions—the laboratories— However, when one talks to the people programs. are the local schools when they are who deal with the Federal education When it comes to wasting money, it given the opportunity to excel and not funds, they want to talk about the suc- is not even close. It is not a contest. It have to play the ‘‘Mother, May I’’ game cess of consolidated planning, which is a good thing that local schools do with Washington, DC. Kansas implemented under an Ed-Flex not operate as does the Federal Gov- My colleagues on the other side of waiver. ernment because local schools could the aisle keep talking about class size, Consolidated planning was a modest not afford to. Luckily, schools are far afterschool programs, and numerous step which helped eliminate some un- better at applying resources to the other programs. These will be new pro- necessary bureaucracy and helped the needs of children in their schools. Un- grams, with new mandates, and new re- State use Federal funds more effi- fortunately, the Federal bureaucracy sponsibilities for schools directly con- ciently. More than that, it gave Kan- has been good at creating waste, mis- trolled and regulated by Washington, sans a taste of what can be accom- directed priorities, red tape, and unnec- smothered with reports and regulations plished with a little innovation. I want essary hassles and regulations. and redtape. Is this the direction we to give Kansas and the rest of the Na- As it is the case in other areas as tion more room, an incentive to be in- want to go? I do not think so. This will well, our congressional zest to provide novative. That is why I support the bill only exacerbate the ‘‘Mother, May I’’ assistance has become part of the prob- before us today. game. Under the leadership of the Senator lem—our good intentions. And they are As we debate ESEA today, I hope we from Vermont and other colleagues good intentions. Nobody questions the will keep certain things in perspective. such as Senator GREGG, our committee intentions. When the Congress went One of those things is how much money was able to produce a piece of legisla- about creating 765 programs, every sin- the Federal Government actually pro- tion that takes very important steps gle one of them was a good idea. Unfor- vides to the local school district and toward the innovator model, the first tunately, it was at the wrong place. It what amount of Federal involvement is being the Straight A’s proposal about was a good idea in Washington, not a appropriate with the amount of fund- which several of my colleagues have al- good idea at the local school level. ing provided. ready spoken. Our good intentions have become I have heard over and over again that In conclusion, we have had a taste of burdensome regulations, unfunded the Federal Government provides less this in education, and it has worked. mandates, mounds of paperwork, and than 10 percent of a local school dis- We like the taste of it, and we like unwanted meddling. We have created a trict’s budget. Yet the Federal Govern- what it produces. We experienced it in system where parents, teachers, and ment accounts for over 50 percent of welfare reform, and we have seen enor- local school officials have less and less the local school district’s paperwork mous success. control over what happens in the class- burden. How can any of us justify this Let’s move forward with this innova- room. proportion of Federal meddling and pation. Let’s allow this opportunity to Instead of empowering parents, perwork burden for less than 10 percent blossom so our kids not only can envi- teachers, and local school officials, we of the district’s funding? In my State sion but fulfill the dreams of going to have empowered the Federal Govern- of Missouri, on average, Federal fund- other planets and of curing cancer, but ment and the bureaucrats. We have ing accounts for only 6 percent of the they need a quality education to fulfill been slowly eroding the opportunity local school district’s budget. those dreams. I thank the Chair. I yield for creativity and innovation on the My great State of Missouri has some the floor. local level and have put a system in wonderful teachers, principals, super- The PRESIDING OFFICER (Mr. place where the Olympians on the hill intendents, and school board mem- HUTCHINSON). The Senator from Mis- pretend to know what is best for the bers—some of the best in the country. souri. peasants in the valley. I cannot believe my colleagues are not

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.017 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3283 hearing the same thing from their con- livering student education rests in the cation, we need to focus on the earliest stituents that I am hearing from mine. hands of those at the local level. years, as well as the years of formal If you are not, I suggest you are not Let’s give them the opportunity to schooling. We can do this—and this listening. Go back and ask them. They demonstrate they can deliver. States amendment proposes to do this—by will tell you. However, just in case you can still establish standards and re- supporting and expanding the success- have not heard, let me share some of quirements. They still have the ability ful early childhood programs and ini- the things I have been told. to control their local school districts. tiatives that are working right now at The Superintendent of Springfield What I am saying, with Direct Check, the local level. I invite anybody to Public Schools in Missouri said: is to keep their hands out of the bu- come to Missouri to see how well these The amount of paperwork that the federal reaucratic maze that the Federal Gov- programs work. government causes local school districts to ernment imposes on them. I hope my I am pleased to say the amendment is engage in is often overwhelming. That extra colleagues will take a look at that pro- based on the basic ideas and principles effort and time often reduces productive posal when I offer it. set forth in legislation that I was classroom time and energy that could better Another area I am looking at very pleased to introduce several years ago be spent working directly with children. carefully is having an amendment on with my good friend and colleague Mr. Berrey of the Wentzville R–IV Impact Aid. Impact Aid is one of the from Massachusetts, Senator KERRY. School in Missouri said: oldest Federal education programs, Mr. President, it is my opinion that Limiting federal intrusion into decisions dating from the 1950s, and is meant to if we want to improve our public edu- best left to local communities is what I be- compensate local school districts for cation system to educate our children lieve our founding fathers had in mind. the ‘‘substantial and continuing finan- for a lifetime of achievement, we must From Neosho R–5, in Missouri: cial burdens’’ resulting from Federal take the stranglehold of the Federal The individuals working most closely with activities. These ‘‘activities’’ include Government off the local school dis- the students are indeed the ones who can Federal ownership of land, such as tricts and the States and give the re- best decide how this money can be spent for military installations or Indian res- sources directly to those local school the benefit of students’ education. ervation lands, as well as local school districts and States so they can do From the Superintendent of the Spe- enrollment of children whose parents their job. cial School District of St. Louis Coun- work on Federal property. It is a Fed- I look forward to supporting an ty, MO: eral responsibility. amendment by my colleague from Mis- As head of a school district specializing in In my State, we have two out- souri, Senator ASHCROFT, which deals special education, I fully understand how my standing military bases: Fort Leonard with some of the very serious problems district’s financial needs differ from other Wood and Whiteman Air Force Base. I that the current IDEA imposes. Talk school districts’ needs. In order to best uti- would argue it is a quality-of-life issue to any school official, any school- lize the limited funds that are at my dis- for our military and one we must ad- teacher, any school personnel in Mis- posal, I need maximum flexibility in deter- souri, and they will tell you they are mining how to put those funds to the best dress. I look forward to working on it use. with my colleagues. I believe the Sen- scared because the requirements of ator from Oklahoma will be working on IDEA put other students, teachers, and From the Board of Education Presi- it. school personnel at risk from dan- dent of the Blue Springs School Dis- I also offer my support, in advance, gerously violent students who some- trict in Missouri: for an amendment I have been working times carry guns and are sheltered by Without local control, the focus is taken on for some time with Senators STE- the Federal regulations that come with away from the needs specific to the children VENS and JEFFORDS, along with a num- the individual education program. We in each school system. ber of our other colleagues, that fo- should not have a Federal Government I think the Superintendent of the cuses on early childhood education and program that puts people associated Taneyville R–II School District in Mis- development. with schools at risk. We need to change souri sums it up well: While most of the debate this week the laws to protect and nurture those I feel that the State and Federal govern- will be about elementary and sec- with IEPs but not to expose those with ment has tied our school’s hands with man- ondary education—the years of what whom they deal to violence and per- dated programs and mandated uses for the we might call ‘‘formal schooling’’—the monies we are receiving. The schools are lik- haps even to guns. ened to puppets on a string. Pull this string education and mental development of a In closing, we must empower parents, this way and the school does this; pull it an- child, however, begins long before that teachers, school administrators, and other way and the school does that. School child enters kindergarten. In fact, the school boards because education deci- systems and communities are as different education and development of a child sions can best be made by educators, from one another as individual people are begins practically at birth. From the board members, parents, teachers, and different. What works for one will not work experiences we have had in Missouri local school officials who know the for another. with parents and teachers, we know names and the needs of the children in These are the types of comments I that those first 3 years are vitally im- their schools. I hope we will be spend- have heard over the past couple years. portant. Giving the parents the right ing our time debating education, not These comments led to the develop- tools to help that child get started can every issue under the Sun that may ment of my Direct Check for Education make a tremendously important dif- come up as an effort to derail this vi- proposal that is S. 52. ference in the educational achievement tally important reform of our edu- As introduced, S. 52 took six Depart- of that child throughout that child’s cation system. ment of Education programs, primarily educational experience. Our children deserve the reform this competitive grant programs, and com- The amendment the Senators from bill delivers. This ESEA bill deals with bined them and determined that the Vermont and Alaska will offer recog- one of the most important national pri- funding would go out based on average nizes these basic facts; that the edu- orities, and that is education. It deals daily attendance in school districts. It cation and mental development and en- with it by moving the control and the would give school districts added flexi- tire development of a child begins responsibility out of Washington and bility. early in life. Through this amendment, back into the real world where the best I intend to offer an amendment that we hope to support families with the decisions can be made. I look forward would allow us to try this as a dem- youngest children to find the early to working with my colleagues. onstration program. childhood educational programs that I thank the floor manager, the chair- I know it is hard sometimes to get can help those families and parents man of the committee, for allowing me Governors to support this concept. But provide the supportive, stimulating en- the extra time. I look forward to con- I stand here as a recovering Governor. vironment we all know their children tinuing the debate and working with I know that Governors and States have need. colleagues on both sides of the aisle to the responsibility for welfare pro- The amendment recognizes that if we achieve successful ESEA reform, with grams, State transportation programs; want to do everything possible for our perhaps some of the bells and whistles but the responsibility for directly de- Nation’s children and their overall edu- added that I have mentioned.

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.020 pfrm09 PsN: S03PT1 S3284 CONGRESSIONAL RECORD — SENATE May 3, 2000 Mr. JEFFORDS. Mr. President, what ance agreement, the difference between the This is related not only to the Sen- is the order of business? highest and lowest performing groups of stu- ator from Washington. We know he has The PRESIDING OFFICER. The Sen- dents described in section 6803(d)(5)(C) that spoken to other groups that he in- ate is in morning business. meet the State’s proficient and advanced tended to offer an amendment, but we level of performance. will try to work with the floor man- Mr. JEFFORDS. When does morning ‘‘(13) SERVING DISADVANTAGED SCHOOLS AND business terminate? SCHOOL DISTRICTS.—An assurance that the agers to exchange these amendments The PRESIDING OFFICER. Morning State will use funds made available under so we can move it forward in a way business terminates at 11:15. this part to serve disadvantaged schools and that will benefit all Members. Mr. JEFFORDS. Mr. President, I sug- school districts. Mr. JEFFORDS. Mr. President, I will gest the absence of a quorum. On page 656, beginning with line 22, strike do all I can to make sure the Senator The PRESIDING OFFICER. The all through page 657, line 5, and insert the has appropriate notice. following: Mr. KENNEDY. We will provide to clerk will call the roll. ‘‘(9) Section 1502. The assistant legislative clerk pro- the leader our first amendment, as I in- ‘‘(10) Any other provision of this Act that dicated, the Democratic alternative, ceeded to call the roll. is not in effect on the date of enactment of Mr. JEFFORDS. Mr. President, I ask the Educational Opportunities Act under and then the Murray amendment. I will unanimous consent that the order for which the Secretary provides grants to be glad to give the particulars to the the quorum call be rescinded. States on the basis of a formula. floor manager. Mr. JEFFORDS. Thank you. The PRESIDING OFFICER. Without ‘‘(11) Section 310 of the Department of Edu- Mr. GORTON. Mr. President, I think objection, it is so ordered. cation Appropriations Act, 2000. On page 657, line 6, strike ‘‘(11)’’ and insert the suggestion of the Senator from f ‘‘(12)’’. Massachusetts is an excellent one. As I On page 657, line 9, strike ‘‘(12)’’ and insert say, I hope we will debate for the bal- CONCLUSION OF MORNING ‘‘(13)’’. BUSINESS On page 657, line 21, insert ‘‘that are con- ance of the day on the amendment I have just submitted and on the Demo- The PRESIDING OFFICER. Morning sistent with part A of title X and’’ after ‘‘purposes’’. cratic alternative. I, for one, will have business is closed. On page 665, strike lines 16 through 18, and no objection during the course of the f insert the following: day if the Democratic amendment is ‘‘To the extent that the provisions of this EDUCATIONAL OPPORTUNITIES before the body more or less contem- part are inconsistent with part A of title X, poraneously with my own. They can be ACT—Resumed part A of title X shall be construed as super- seding such provisions. debated at the same time. Whether we The PRESIDING OFFICER. The On page 846, line 15, strike ‘‘and’’. will be able to finish today and vote on clerk will report S. 2. On page 846, between lines 15 and 16, insert both of them is uncertain. I think it is The legislative clerk read as follows: the following: the hope of the leadership we can do so. A bill (S. 2) to extend programs and activi- ‘‘(E) part H of title VI; and The idea that the next two amend- ties under the Elementary and Secondary On page 846, line 16, strike ‘‘(E)’’ and insert ments that are already enshrined in Education Act of 1965. ‘‘(F)’’. the unanimous consent agreement Mr. JEFFORDS. Mr. President, I ask Mr. GORTON. Mr. President, we are should be exchanged today so each side unanimous consent the order of amend- now launched into that portion of this can see them for debate tomorrow, in ments to S. 2 be modified to show Sen- vital debate on education when amend- my view, is an excellent idea. ator MURRAY’s class size amendment is ments will be proposed, debated, and The subject of my amendment is one the fourth amendment in lieu of Sen- voted upon. Under the order, there will of the important and dramatic changes ator KENNEDY’s teacher quality amend- be first a Republican amendment; sec- proposed in the bill reported by the ment. ond, an amendment for a Democratic Health, Education, Labor, and Pen- The PRESIDING OFFICER. Without alternative; the third, another Repub- sions Committee. It is an amendment objection, it is so ordered. lican amendment; and fourth, the Mur- to the Straight A’s portion of that bill. Mr. JEFFORDS. I yield to the Sen- ray amendment that was just outlined I will discuss Straight A’s a little bit ator from Washington. by the Senator from Vermont. more in detail as we go forward today, Mr. GORTON. I believe under the pre- I hope, and I think the leadership but, fundamentally, Straight A’s in the vious order it is now in order for me to hopes, we will vote on the first two form in which it is found in this bill is offer an amendment. amendments before the end of business a 15–State experiment available to 15 of The PRESIDING OFFICER. The Sen- today, but that certainly is not guaran- the 50 States, pursuant to which rough- ator is correct. teed. At the present time, there is no ly a dozen of the present categorical AMENDMENT NO. 3110 time agreement. education programs—including, most Mr. KENNEDY. Will the Senator (Purpose: To strengthen the Academic notably, title I—would be combined Achievement for All Demonstration Act yield? and consolidated without the great (Straight A’s Act) Mr. GORTON. I yield. bulk of the rules and regulations lit- Mr. KENNEDY. I appreciate what the Mr. GORTON. I send an amendment erally amounting to hundreds of pages Senator said. I think we can move to the desk for immediate consider- and the forms and bureaucracy that ac- more rapidly if we exchange the ation. company those rules and regulations. amendments. We have just received the The PRESIDING OFFICER. The There would, however, be one over- Gorton amendment and we want to be clerk will report. whelming requirement substituted for responsive in a timely way. We would The legislative clerk read as follows: the procedural rules that accompany be glad to try to stay two amendments the present programs that are included The Senator from Washington [Mr. GOR- ahead so those who have the responsi- TON], for himself, Mr. GREGG, Mr. LOTT, and in Straight A’s. Those procedural rules bility to inform their colleagues, as Mr. COVERDELL, proposes an amendment have literally nothing to do with stu- numbered 3110. well as to speak on these issues on the dent achievement. They have to do floor, have an opportunity to be pre- Mr. GORTON. Mr. President, I ask with eligibility. They have to do with pared to address those questions. unanimous consent reading of the the nature in which the money coming I hope, out of a spirit of comity, we amendment be dispensed with. through those programs is spent. They, could try to do that. It is generally The PRESIDING OFFICER. Without of course, have as their goal student done in areas of important policy. objection, it is so ordered. achievement. But most notably, the 35 There is no reason not to. We know The amendment is as follows: years of title I have not been marked what these matters are. I indicated to by any significant reduction in the dif- On page 630, strike lines 24 and 25. the chairman of the committee 2 days ference between partially privileged On page 653, strike lines 12 through 22. ago what our amendments were going On page 654, between lines 16 and 17, insert student achievement and those of the the following: to be, and they are the ones we offered underprivileged students, at which ‘‘(12) ACHIEVEMENT GAP REDUCTIONS.—An in committee. There are no surprises. I title I is aimed. assurance that the State will reduce by 10 hope we could at least try to do that as This amendment is slightly more percent over the 5-year term of the perform- a way of moving this process forward. than a technical amendment, but it

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.022 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3285 certainly does not change the philos- control and the influence of the De- rules and regulations and assumptions ophy of Straight A’s. It has a more partment of Education here in Wash- about what people would do under cer- binding requirement; that the 15 States ington, DC, over the education policies tain circumstances, we would dev- which take advantage of Straight A’s of 17,000 school districts in the 50 astate the social fabric of the United actually reduce the achievement gap States across the United States. Every States. After a debate that encom- between high- and low-performing stu- frustration at a lack of success—and passed several years, with a number of dents by a minimum of 10 percent over there have been many such lacks and vetoes, we did in fact dramatically re- the 5 years of the contract under which many such frustrations—has been form our welfare system, and we have Straight A’s is offered to those 15 marked by a Federal statute that in- had a dramatic success in doing so, States. creases the control and the authority with only a few bitter enemies critical S. 2, this bill, already includes a very the Federal Government has imposed of the direction of that welfare reform. considerable carrot that gives a bonus over education policy. If 100 pages of I know of no other issue during my to States that close that gap by 25 per- rules is not working as we desired it, time in this body comparable to that cent during the course of the agree- maybe 200 pages of rules would work change and to that debate until we got ment. That is a new, novel, and vital better. to this debate. We are now at the point part of Straight A’s. However, in order At least unconsciously, if not con- at which we found ourselves, maybe 1 to see to it that the States which take sciously, that has been the direction in year into the debate on welfare reform, advantage of Straight A’s actually re- which the Congress and many Presi- here with education reform. Our view duce that gap, a more modest but still dents have led Federal education pol- is that if more decisions are made clos- significant reduction is simply re- icy over the course of the last 35 years, er to our students’ lives by people who quired as a condition of continuing to to the point at which we have a huge know those students, the quality of be eligible for Straight A’s. disparity between the modest 7 percent their education will improve and we Second, there has been some criti- or 8 percent of the money spent on pub- will have a greater opportunity to help cism that elements in this bill could be lic education in this country that is ap- the great mass of students in the construed to be vouchers. That is not propriated by Congress and the blizzard United States, our young people, with the case, in my view. It was not the in- of rules and regulations governing the the complicated challenges of the 21st tention of the draftsman of Straight spending of that 7 percent or 8 percent, century. A’s or of the bill as a whole, but a por- a set of rules which has a huge impact However we do not leave it at that. tion of the amendment that is before on the way the other 93 percent that is We do not simply say: We think you the Senate now creates exactly the sit- supplied by States and local commu- can do a better job, so here is the uation that exists under present law, nities themselves is spent. money. Go out and do it. We tell the 15 where the use of Federal funds for This is an attempt to reverse that di- States that will be privileged to exer- vouchers is not explicitly provided for rection, to show far more trust in par- cise the Straight A’s option: You have or disallowed but is essentially dependents, who obviously are concerned to perform. We are not going to give ent upon the interpretation of current about their children’s education, and you a whole bunch of rules and regula- law by the Department of Education. trust in the men and women who dedi- tions about how you fill out forms and A third change in this amendment re- cate their careers to that education— how you assure that money is spent on quires that districts and States that their principals, their teachers, their a narrow category of programs; we are use Straight A’s provide an assurance school superintendents, and those simply going to tell you that you have that Federal funds will be used to cer- civic-minded citizens who expose them- to do better. You are going to have to tain disadvantaged districts and selves to the same kind of assaults in come up with a way of measuring schools. I do not think that differs the political world as we do as Sen- achievement in your State—as most from Straight A’s, as it was originally ators. But in 99 percent of all cases as States have, at this point. You are drafted, but it makes that requirement they run for membership on school going to have to tell the U.S. Depart- more explicit. boards, they do so without compensa- ment of Education that if you are al- Finally, it sets up a list of eligible tion and close to home. lowed into Straight A’s, in the 5-year programs in Straight A’s and in an- We believe firmly that these people, period of your contract the achieve- other part of this bill, performance the people who, by and large, know our ment of your students will improve by partnership agreements, as being iden- children’s names and our grand- a specific amount that you outline in tical, as matching. They were meant to children’s names, are better suited to this contract. And if you fail, you are match. There were a couple of tech- make many of the decisions about the going to lose that ability, that author- nical differences in the bill as reported. quality of education and the direction ity to spend the money as you see fit This corrects that disparity. But the of education those children receive for your priorities, for your children, purpose of the amendment, in addition than is the Congress of the United for your States and in your commu- to those minor changes, is to focus the States or are the bureaucrats in the nities. attention of this body on that portion U.S. Department of Education. That is That is the ultimate in account- of S. 2 that deals with Straight A’s. the goal of Straight A’s, to restore ability. When we deal only with process I have spoken on a number of occa- some of that authority on an experi- accountability—how well do you abide sions on that subject. I would like to mental basis to States and to school by the rules, how well do you fill out do so now once again. I should like to districts in 15 of the States of the the forms—we do nothing in particular say, to reuse an analogy I used in my United States. for our children and for their edu- remarks last night, we are, as is the As I said earlier, it is regarded by a cation. We hope the results will be case with every group that proposes a number of Members of this body with good, but there is no measurement of dramatic change, threatened with all absolute horror that we should think of the actual quality of their education as kinds of disastrous consequences if doing so. We are given a series of night- reflected in the way in which they deal somehow or another we change the sta- mares about what might happen if we with standardized tests in each one of tus quo. That is not a property exclu- allow parents and these professional these States. We have an account- sively belonging to members of one educators to make decisions they have ability, not to process but to perform- party or to the other. But it does seem continuously been deprived of the au- ance. I want to repeat that. Our ac- to me that what we are proposing in S. thority to make over the years. countability is not to process but to 2 taken as a whole, with Straight A’s The analogy to which I referred was performance. In order to succeed, in as a major portion, is the most signifi- welfare reform. The Presiding Officer order to continue in the Straight A’s cant redirection of Federal education can remember that debate only a few Program, you are going to have to policy since the advent of title I itself years ago. We were told if we took this show that you are providing a higher some 35 years ago. tremendous step in a very different di- quality of education to the students in Every addition to Federal education rection, a different direction after 50 the school systems in your State. policy since then, with the modest ex- years or more of a welfare system that As I introduced this bill more than a ception of Ed-Flex, has increased the was also more and more encrusted with year ago, it was not limited to 15

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.027 pfrm09 PsN: S03PT1 S3286 CONGRESSIONAL RECORD — SENATE May 3, 2000 States, either in the House or in the other States can take the Performance worse off than it is today, when instead Senate. I suppose it is a commentary Partnership Act, and a number of other of taking counsel of our fears, we took on the dramatic nature of the change, States—and I am sure there will be counsel of our hopes and worked ra- that it has been reduced to a signifi- some—will decide not to choose either tionally toward those goals. cant demonstration program in this of those alternatives. The attitudes that gave us welfare bill. The House of Representatives al- Again, not only will our students reform ought to give us this bill, in- lows it in 10 States. We, in this bill, learn more, we will learn more about cluding Straight A’s, during the course allow it in 15 States. I would much pre- the best way or perhaps more than one of this debate and provide a better fu- fer every State have that option, but successful way toward our goal, a goal ture for children all across the United only 15 are going to be able to do so. At we all share, and that is a better edu- States. the same time, I want to point out a cation for our children. The PRESIDING OFFICER (Mr. very important fact, not just about The same thing is true for the Teach- BURNS). The Senator from Massachu- Straight A’s but about all of the inno- er Empowerment Act. The same thing setts. vative directions in this bill. The Per- is true with title I flexibility that is in- Mr. KENNEDY. Mr. President, I wish formance Partnership Act, the Teach- cluded in this bill. These are elective to, if I may, ask my friend and col- ers’ Empowerment Act, other provi- with the States and sometimes with league from Washington a question. If I sions of the bill—none of them is man- the school districts themselves. understand this correctly, there are datory; they are all elective. How is it we can be so certain that two essential provisions that he in- It is important for everyone in this the present system is so good that we cludes here. One is, in the 15-State body to recognize—it is important for do not want anyone to use a different block grant, the Senator prohibits the all the people to recognize—that we are system? Have we been so overwhelm- use of funds for vouchers to private not requiring these changes. Any State ingly successful that we do not need to schools; is this correct? Mr. GORTON. Yes. I said I believe it in the United States of America that have this debate at all; that all we need did already, but this makes it more ex- believes the present system of categor- to do is just reratify for another 5 plicit. It simply keeps the present rules ical aid programs and the present sys- years what we have been doing for the last 5 years? I do not think anyone be- with respect to vouchers in effect. tem that has 127 at-risk and delinquent Mr. KENNEDY. As the Senator lieves that; everyone believes we can youth programs in 15 Federal agencies knows, there are different provisions in do better. But can’t we at the very and Departments, 86 teacher training the 50-State block grant than in the 15- least allow people to do better in a dif- programs in 9 Federal agencies and De- State block grant. During the exchange ferent direction rather than simply partments, and more than 90 early in our committee, the principal pro- saying, we have a whole bunch of pro- childhood programs in 11 Federal agen- ponent, Senator GREGG—and I am sure grams now; all we need is more rules cies and Departments, not to mention he will speak to it—indicated that he for the existing programs and a few the programs that are included in did not dismiss the use of those funds new ones, added on to the dozens and Straight A’s, any State that wishes to for private school vouchers. continue under that system is free to hundreds we have at the present time Is the Senator from Washington say- do so—any State. If they like the that affect the education of our chil- ing—many of us have been critical of present system, if they are accustomed dren from prekindergarten to and the overall program and the use of to the present system, they can con- through the 12th grade? vouchers, that this is a block grant and tinue to perform under it. Straight A’s gives us the ability in voucher program—with this amend- If this bill passes and becomes law, in some of the States to determine the ac- ment, there would be the elimination a relatively short period of time in our curacy of the statement that our par- of the language in the 15-State block history, 5 years at the maximum, we ents, our teachers, our principals, our grant that would have permitted the will know which system works best. We superintendents, and our school board voucher program for private schools? will know whether or not allowing our members care deeply about the edu- Mr. GORTON. Mr. President, that is educators a far greater degree of free- cation of the kids admitted to their not what I say. I do not believe it al- dom to set their own priorities is, in charge or in their families; that they lowed it previously, but in any event, I fact, the way to do it. We will be able are smart enough to make fundamental think we have satisfied that criticism to measure objectively, by the forms of decisions about the course of that edu- with respect to those who made it with accountability they are required to fol- cation; that we want an alternate way respect to Straight A’s. I do not think low in order to get into Straight A’s, of reducing the gap between under- it allowed vouchers before. It clearly whether or not it works. privileged children and those in more does not now. I may go beyond that proposition to successful schools; that we have not Mr. KENNEDY. I appreciate the Sen- say, of course, Straight A’s is not the been overwhelmingly successful—at all ator’s response. I hope the Senator will only element in this bill that allows successful—in reducing that gap in the stay with me because usually when the our local educators in our States to last 35 years, and that perhaps another proponent of a particular measure, make more of the decisions that affect way is better and at the very least we such as Senator GREGG, says that it their children. There is a Performance ought to compare it with the current does and then another Senator says he Partnership Act in this bill that is a way in which we do business. reads the language that it does not— modification of Straight A’s, supported We will hear during the course of this generally speaking, the members of our by the National Governors’ Associa- debate: No, we just need to do more of committee believed that it did, wheth- tion, an association through which the same; if we can just do more of the er we agree with it or not, for the very many of the dramatic reforms in edu- same; it is just that we have not done significant reasons that the Senator cation over the last few years that are enough of what we have been doing in from New Hampshire pointed out—so allowed by the Federal Government the past; and no, we cannot allow some we want to understand now, once and have, in fact, taken place. States to go off in a different direction for all, whether you believe it did or That Performance Partnership Act from others; no, we cannot repose that did not before. does not have all of the flexibility degree of confidence in the people in Your understanding is that it elimi- Straight A’s has, but it has a signifi- our school districts all across the coun- nates the use of vouchers for the pri- cant portion of it. All States under this try; we dare not do it; this threatens to vate school partnerships as part of bill will be allowed to take that more have this adverse consequence or that your amendment? modest step toward making their own adverse consequence or a third adverse Mr. GORTON. The amendment we decisions than is available in Straight consequence. have proposed essentially restates cur- A’s, which is only to 15 States. I only ask my colleagues to reflect on rent law, where the use of Federal Again, no State will be required to do the fact that this debate will be, for all funds for vouchers is neither expressly so. What does that mean? That means practical purposes, identical to that de- provided for nor disallowed but in- there are at least three paths States bate over welfare reform of a few years tended upon the interpretation of cur- can follow in this connection: 15 States ago, and if we had taken counsel of our rent law by the Department of Edu- can take Straight A’s, a number of fears then, this country would be far cation.

VerDate 27-APR-2000 02:00 May 04, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.029 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3287 Mr. KENNEDY. Whatever the ex- will be included in here if they do not talked about, this Republican proposal change is that we are having here be- achieve that? is going to provide vouchers for private tween the Senator from Washington Mr. GORTON. The penalties will be schools, and we have been told: Oh, no, and myself—I know he is reluctant to the same as they are in the original that isn’t so. We have some of our Re- somehow say now this is the effect of form of the bill; that is to say, if a publican friends saying: Oh, no, that the amendment. It certainly is my un- State does not meet the commitments was not even intended for part of it. We derstanding, and I think the other it made in getting into this 15-State had the proponent of the amendment members of our committee would Straight A’s Program, it runs the risk, saying that was so. Now the Senator agree, that when it was proposed, very at the discretion of the Department of from Washington wants to eliminate clearly—you can go back into the Education, of losing the ability to con- that. Well, I certainly would urge our RECORD and see—this was the intent of tinue in that program. It would revert colleagues to support that. the Senator from New Hampshire. to the present system of categorical Mr. GORTON. I thank the Senator. I may stand corrected by the one who aid programs and the accountability Mr. KENNEDY. I see some colleagues put that in, that it was to be an allow- provisions contained therein. here who might want to address this able use of these funds to be used under What this does is add another manda- issue. The way I see it is that this lan- the block grant program. They were tory requirement to what the State un- guage, as the Senator has pointed out, going to consolidate the programs and dertakes, a 10-percent reduction in this would effectively reduce the block then turn the funds over to the States, differential. So it makes it somewhat grant. and then some would go down into the tougher for the State to be entitled to I would say, just out of comity, since local communities. But one of the pur- continue in Straight A’s after its ini- this language was prepared by the Sen- poses that would have been legitimized tial 5-year period. ator from New Hampshire, could the for the first time was a voucher pro- Mr. KENNEDY. The reason I ask this Senator indicate to me whether he is gram for private schools. is, I say to the Senator, he is not in supporting this program—just out of On our side, we support the use of any way changing the ‘‘Failure To comity, since it is directly related to title I funds in terms of public school Meet Terms’’ that a State must meet. his language? choice. But this was a departure from As I understand it, the Senator is Mr. GORTON. I am not sure what the that. That is exactly the way we read amending a different section, and that question is. it. is the 15-State block grant. Mr. KENNEDY. The question is, since Under the Senator’s amendment, the What we find out further, on page 662, this is the amendment of the Senator option of private school vouchers will is, ‘‘If a State has made no progress to- from New Hampshire, has the Senator not be there. ward achieving,’’ there will be certain inquired if the Senator from New Secondly, in the 15-State demonstra- reductions of funds. But that is when Hampshire supports him? tion block grant, you add a provision. there is ‘‘no progress.’’ On page 662 it Mr. GORTON. The Senator from New Could the Senator tell me what the ef- is: ‘‘substantial progress’’. I do not see Hampshire joins me. fect of the language for the 15-State how your 10-percent over the 5-year pe- Mr. KENNEDY. He joins you. That is block grant is, on line 5, on the riod of the performance agreements interesting. He gave me a different in- ‘‘Achievement Gap Reductions’’? What really does very much. terpretation. I appreciate that. does the Senator intend to achieve by Mr. GORTON. I say to the Senator, Mr. President, I think it is basically that language? given the fact that in 35 years of title very weak language. Mr. GORTON. The language is de- I we have not reduced it at all, a re- On page 662 of the legislation, in rela- signed to require that there be a reduc- quirement to reduce it by 10 percent in tion to the States, it does not have any tion of 10 percent over the 5-year pe- 5 years is rather substantial. penalty. And, furthermore, you have to riod between the highest and the low- Mr. KENNEDY. If the Senator would wait 5 years to find out whether there est performing students described in an explain to me where—this is the con- is going to be any progress made. earlier part of the act, which is basi- trolling law. It states very clearly, on I think families in this country want cally title I. page 662, what the test is going to be. progress now. They want account- Mr. KENNEDY. I am trying to under- It talks about ‘‘agreement a State has ability now. They want guarantees stand. Exactly of what would the 10 not substantially met the performance. now. Under our bill, that process of ac- percent reduction be? What is the Sen- . . .’’ There is no definition of what countability begins in the second year, ator trying to drive at? As I understand ‘‘substantially met the performance’’ third year, fourth year, fifth year; and it, the Senator is trying to deal with is. That has not changed by the Sen- it builds in terms of accountability, in the provisions of the legislation that ator’s addition. The penalty described terms of the requirements of the States relates to accountability. on page 662 only applies when there is to help those particular communities, We have the overall State account- ‘‘no progress.’’ which is not being done today. ability. Then we have the 15-State I fail to see how that does very much Does the Senate understand that it is block grant. The 15-State block grant in terms of accountability. It does not not being done today? We have the is going to come under overall State stop at the end of 2 years. most recent surveys done by the De- accountability. The provisions of the Does the Senator’s program have the partment of Education that polls un- overall legislation will apply. requirement of a reduction of funds ad- derserved title I communities. Accord- Could the Senator please clarify? We ministratively at the end of 3 years, as ing to the surveys, more than half of can probably move to an early accept- the Democratic program does? It does the Title I communities have said that ance of the Senator’s amendment, but I not. Does it have a further reduction when they have asked the States to just want to understand exactly what after 4 years? No, it does not. Does it help them, they have gotten virtually it does and what it does not do. I have have requirements that the State has no response whatsoever. This is very difficulty in seeing exactly what this to intervene; and that, if not, there weak accountability. I will be glad to really means in terms of the total ac- could be the closing of a particular recommend that we move ahead and countability. school if it does not achieve those accept this amendment and then get to Does this change the overall State kinds of reductions? It does not. The the Democratic alternative so that the requirements that are spelled out on Democratic program does. Members of the Senate and the Amer- page 662, the ‘‘Failure To Meet It is basically feel-good language. ican people will understand and be able Terms.—If at the end of the 5-year I would recommend, if it is going to to compare and contrast the account- term of the performance agreement a make the Senator from Washington ability provisions because this is still State has not substantially met the feel good—and evidently is going to woefully inadequate and woefully performance goals . . .’’? Does this in make others on that side feel good— weak. any way change that? that we are not going to be able to use Mrs. MURRAY. Will the Senator Mr. GORTON. It makes it tougher. vouchers for private schools, we have yield for a question? Mr. KENNEDY. Can the Senator tell been maintaining that block grants are Mr. KENNEDY. Yes, I am glad to me exactly what are the penalties that blank checks for States. We have yield.

VerDate 27-APR-2000 02:00 May 04, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.033 pfrm09 PsN: S03PT1 S3288 CONGRESSIONAL RECORD — SENATE May 3, 2000 Mrs. MURRAY. The Senator from program. It seems to me that if you are Mr. KENNEDY. Mr. President, we are Massachusetts and I both sit on the going to fix it in one program, you prepared to accept the amendment. Labor Committee, which went through ought to fix it in both. Mr. GORTON. Mr. President, I am the entire progress of this issue. I came If you look at the portability provi- going to ask for a rollcall vote on my to the floor and was trying to under- sions on page 127, it states: amendment. I ask for the yeas and stand what the amendment actually . . . an eligible child, for which a per pupil nays. accomplishes. Does the Senator recall amount shall be used for supplemental edu- The PRESIDING OFFICER. Is there a that during the committee hearing we cation services for the eligible child that are sufficient second. asked the author of the amendment (A) subject to subparagraph (B)— There is a sufficient second. specifically if funds could be used for And this deals with the portability The yeas and nays were ordered. private schools, and his response to us provisions— Mr. GORTON. There are Members on was yes? provided by the school directly or through our side who wish to speak to that Mr. KENNEDY. Yes, that is abso- the provisions of supplemental education amendment, I hope, with the consent of services with any governmental or non- lutely my recollection of it. the manager of the bill because we are governmental agency, school, postsecondary debating education as a whole. We Mrs. MURRAY. And that the port- educational institution, or other entity, inability for title I could also be used for cluding a private organization or business would be happy to allow the Senator private schools. So you are striking one section, but from Massachusetts to propose the Mr. KENNEDY. The Senator is cor- leaving the other section. Well, that Democratic alternative now, and we rect. If the Senator will permit, does will have to remain there until we ad- can debate them jointly for the balance the Senator’s language affect the port- dress that in our alternative. I, for one, of the time in the time available. Any ability provisions? want to move ahead in the debate on time the Senator from Massachusetts Mr. GORTON. It affects only the this, and I would be glad to urge ac- wishes to introduce an amendment, Straight A’s title of this bill at this ceptance of this amendment. there will be no objection on this side point. Mrs. MURRAY. If the Senator will to allowing that. Mr. KENNEDY. That’s fine. He has yield for one other point, because I The PRESIDING OFFICER. The Sen- indicated we could not use vouchers for have continually heard that with title ator from New Hampshire is recog- private schools. Now we are asking, I funds, for over 35 years kids have not nized. ‘‘Are you going to be able to use funds increased their abilities, and test Mr. GREGG. Mr. President, there for private school vouchers under the scores don’t show that, it is my under- have been a number of representations portability provision?’’ Under the port- standing that we test title I students, that have been inaccurate from the ability provision, there is every indica- or analyze their performances, and as other side, and I regret that. I think tion that you could use funds for pri- kids do better, they move out of the that maybe they are concerned that vate schools and religious schools as program. So each year, we have new the substance of this bill works so well, well. I am trying to understand wheth- kids coming into the program who need they have to mischaracterize the ac- er we are addressing both of these con- the extra services for reading, writing, tual process in order to attack it. The cerns or just part of them. and basic instruction. So we are not representation that there are voucher Mr. GORTON. That question would testing the same kids year after year. proposals in this bill is inaccurate. The be more properly directed to the Sen- When we hear the comments that stu- senior Senator from Washington has ator from New Hampshire who, I may dent achievement has not increased offered an amendment which would say, I think disagrees with the Senator under title I, we essentially haven’t make this absolutely clear. He put the from Massachusetts as to his interpre- been testing the same group of stu- status of the Straight A’s proposal in tation of the provisions of the Senator dents, and we cannot show that be- this bill in the same position as the from New Hampshire. This provision, cause they have moved out and we are present law under the ESEA of 1965, the 10 percent, applies to the Straight testing new kids. Am I correct? which law does not limit the ability to A’s provision of the bill which, in turn, Mr. KENNEDY. The Senator is en- use the funds for public entities. So allows 15 States to have that degree of tirely correct. It is one of those impor- that law, as viewed, is a chilling event flexibility. It is very easy to talk about tant facts that one has to understand on school systems from using it for pri- accountability from the point of view in order to be able to respond to those vate entities which would create the of punishing States and school districts who say, look, there hasn’t been any voucher issue. by taking money away from them so change for 2 or 3 years. We can dem- The amendment of the senior Sen- that will increase, somehow or an- onstrate there has been academic ator from Washington clarifies that other, their performance. Part of our progress made in terms of classes in a point, which was a point raised in com- bill, in my view, is that the States who number of areas. mittee and which was the language re- succeed will get a bonus, which is not Mrs. MURRAY. I thank the Senator ported out of committee. If a State included in the Democratic bill or in from Massachusetts. I don’t think any such as Florida has a private voucher any previous education bill. of us disagree with the goal of reducing system—I guess the issue now is Mrs. MURRAY. If the Senator will by 10 percent over 5 years the term of whether they have one or not—those yield further, does the Senator under- performance agreements—the dif- funds can be used in this manner. But stand, as I do, that this amendment ference between the highest and lowest as a practical matter, what the Sen- would not apply to title I portability? achieving students. But I think to rhe- ator from Washington is making clear And we, again, asked the author of this torically say that we can do it through is that they can’t—that they will be amendment in committee if the title I a test is very difficult. I think we all subject to the chilling event that pres- portability funds could be used for pri- want students to achieve better. Here ently exists for any title I money. That vate education institutions, and his an- on the Democratic side, we believe that chilling event has basically made it swer was yes. This amendment doesn’t by providing high-quality teachers and virtually impossible for vouchers to be fix that. I am glad it fixes the first part class sizes that are reduced, where a used by any State. This was the con- of it, but it doesn’t—and the Senator teacher has time to teach math and cern of the Senator from Maine. can respond—fix the portability. English, where we are in classrooms That is why I have agreed whole- Mr. KENNEDY. I appreciate the Sen- and where students can actually learn heartedly with the amendment of the ator’s attention to this matter because and they are not there in overcoats be- Senator from Washington, as I believe it shows something enormously inter- cause there is no heating, or there are we should not allow the bogeyman esting that is happening here. On one holes in the roof, and that we continue vouchers—it has been used as a bogey- hand, this amendment addresses the to put Federal resources into programs man by the other side—to be used to issue of voucher programs for private that have been shown to work those try to undermine what is a really good schools under the 15–State block grant achievement gaps will decrease. I hope idea, which is the concept of Straight program. On the other, it doesn’t affect our colleagues understand this as we A’s. private school vouchers that are per- move forward. I thank the Senator The basic theme of Straight A’s missible under the title I portability from Massachusetts for yielding. doesn’t need vouchers in order to work

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.035 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3289 well, and we don’t have to get in the The PRESIDING OFFICER. Will the I portability funds in the bill, I am voucher debate in order for Straight Senators suspend for a second. reading the language of the bill on page A’s to work well. I am perfectly happy The Senator from New Hampshire 127. It says: to have the voucher issue taken off the has the floor. Does he yield for a ques- Subparagraph (b): Provided by the schools table. I don’t think it was really on the tion? directly or through the provision of supple- table to begin with because I don’t Mr. GREGG. Yes. I yield to the Sen- mental education services with any govern- think many States have a system to ator from Maine for a question. mental or nongovernmental agency, school, make it available. But even if it was on Ms. COLLINS. Thank you, Mr. Presi- post-secondary educational institution, or the table, the Senator from Wash- dent. I thank the Senator for yielding other entity, including a private organization or business. ington is taking it off the table. for a question. I heard about this attempt this I thank the Senator from New Hamp- The language in the bill allows title morning from a number of people on a shire and the Senator from Washington I portability funds to go to a public or couple of talk shows. Representatives State for their terrific, truly extraor- private school. of the educational lobby are here in dinary leadership on this entire bill. In committee, we asked if it could go Washington in full charge against any As the Senator from New Hampshire to a private school. We didn’t use the idea of changing the status quo because knows, the issue of whether or not word ‘‘vouchers.’’ We said: Could this they basically are the beneficiaries of Straight A’s authorizes Federal funds portability money go to a private the status quo. They are also trying to for private school vouchers was most school? The answer is yes. That is what use the term ‘‘vouchers’’ to stigmatize important to me. I have worked with the language does. The amendment be- this piece of legislation, which I sup- him and with the Senator from Wash- fore us fixes the Straight A’s question, pose is the defense of folks who really ington. Indeed, I am the author of the but it does not fix title I portability. Mr. GREGG. If the Senator will yield can’t defend their positions in opposi- provisions in the Gorton amendment for a question, is the Senator aware tion to this language on substance. which makes it crystal clear that Fed- that under title I, if a public school The fact is that Straight A’s, as put eral funds could not be used for vouch- wishes to contract with a private enti- forward, is an optional program. It is ers under the Straight A’s proposal. ty, such as a Sylvan Learning Center, up to each State whether they want to Will the Senator from New Hamp- it can do that? pursue it. shire agree with me that while there is Mrs. MURRAY. Yes. But the school is If a State pursues Straight A’s, the nothing in this legislation that pro- in control of those funds. achievement obligations in the area of hibits a State from using also its own increasing the educational success of Mr. GREGG. Is the Senator aware funds for some sort of voucher pro- that under this proposal the dollars our low-income children is very strict. posal, that the Gorton amendment now Straight A’s is an attempt to give low- will still flow through the public school makes clear that Federal funds under if it goes to a Sylvan Learning Center? income children a better education and the Straight A’s proposal could not be to require that better education actu- Mrs. MURRAY. Under title I port- used for private school vouchers? ability provisions that are in the bill ally be proved to have occurred, some- Mr. GREGG. It makes that as clear thing that has not happened under title before us, it will allow families to take as it is under present law relative to I over the last 35 years after $130 bil- the title I funds they receive to any in- other title I moneys. lion has been spent. stitution, school, or private—I just Ms. COLLINS. I thank the Senator Also, one of the Senators came out read all of it. They can choose. from New Hampshire for his clarifica- and said it is also about portability. Mr. GREGG. No. The Senator is in- There is no voucher program for port- tion on this. correct in her characterization. The Mr. GREGG. I yield the floor. ability. Portability is not a voucher family does not have possession of the Ms. COLLINS. I ask to be a cosponsor program. All the money under port- funds. The funds go to the public of the Gorton amendment. I am pleased ability stays with the public school school. The public school, at the re- systems. The public school systems to have contributed to it in this area in quest of the family, may then and write the check. The public school sys- clarifying the law since I think it was should then take the money and use it tems control the dollars. ambiguous as to whether we were to support that child in an additional This is once again a bogeyman at- changing current law, and that ambi- learning activity. In other words, the tempt to try to mischaracterize the guity has now been eliminated. child has to go to the public school. bill and, as a result of using Thank you, Mr. President. The child cannot go to a private school mischaracterization, to try to, there- The PRESIDING OFFICER. The Sen- under portability and use funds for the fore, tune up opposition to it. ator from Massachusetts. purpose of going to a private school. I think we ought to stick to the sub- Mr. KENNEDY. Mr. President, we The child must attend the public stance of the actual language versus can talk about this all we like, but I school. If they decide to do so under those types of presentations which I draw attention—and I congratulate the the plan as presented to the Secretary don’t think are constructive to the de- Senator from Maine—to the additional of Education, under their portability bate. views of Senator COLLINS, which say, I plan as designed by the public school I yield to the Senator from Georgia. am opposed to using Federal funds for system, the public school may use Mr. COVERDELL. Just a clarifica- private school vouchers. I believe the those dollars as it does today for the tion: I thought I distinctly understood language about academic achievement purpose of giving additional support to the Senator from Washington comment for all programs must be modified to the low-income child in assisted learn- that it was represented in committee prevent having diversion of Federal ing. that portability was indeed a voucher. funds to private schools. Mrs. MURRAY. I reclaim my time. Mr. GREGG. No. Under no cir- That is exactly our position. Mr. GREGG. If the Senator doesn’t cumstance was portability ever rep- The Senator from Washington can want me to clarify the point. resented as a voucher, or ever rep- deny that is his understanding, and the Mrs. MURRAY. The Senator from resented as a voucher in committee. Senator from New Hampshire said this New Hampshire has made a statement What I said was Straight A’s could isn’t really a voucher debate. It isn’t and I am looking at the language of the have been used by a State to qualify just on our side, it is on their side too. bill. It says. that it had set up a voucher program I am glad the position of the Senator (B) if directed by the parent of an eligible such as Florida had. Yes, in those in- from Maine has prevailed on this issue. child, provided by the school or local edu- stances Straight A’s could have been The PRESIDING OFFICER. The Sen- cational agency through a school-based pro- used. The Senator from Washington ator from Washington. gram . . . that a parent directs that the serv- was making it very clear that is not Mrs. MURRAY. Mr. President, I con- ices be provided through a tutorial assist- going to happen. gratulate the Senator from Maine also ance provided. Mr. COVERDELL. I thank the Sen- for working on this issue. It is not directed by the school but ator. My amendment, I think, fixes one directed by the parent. Mr. GREGG. I yield to the Senator problem with which many of us were I think that is one of the underlying from Maine for a question. concerned. However, regarding the title flaws and concerns we have. As a

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.037 pfrm09 PsN: S03PT1 S3290 CONGRESSIONAL RECORD — SENATE May 3, 2000 former school board member, I do not ents are not involved. This is an oppor- reasons. It is not a substantive or an know how a school district is going to tunity to draw the parent into the accurate response to what this pro- manage this when parents come to the process and have the parent have a role posal involves. school indicating they have the right in the process. That is very important. Remember, this proposal—whether it to this money, and you figure, as a Equally important, this is an oppor- is portability or whether it is the Sen- school, how you do your accounting, tunity to make sure the dollars actu- ator from Washington’s Straight A’s how you determine whether that child ally benefit the low-income child. proposal—is an option. No State has to actually gets the money, how you hire Under the present law, there are lots of pursue this. No community has to use teachers. And, frankly, the parent is in low-income children who don’t get any this. If they decide to pursue this, if control. It is very clear in the language benefit from the title I dollars, which the State decides it wants to use port- of this bill. are low-income dollars theoretically. ability, it is the educational commu- The Senator from New Hampshire Why is that? Because if a school does nity in that State that has come to- made a very specific case that he not have a threshold number of chil- gether, that has thought about the thought it was the school. If the lan- dren, does not have the 35 percent, or issue, that has said: Title I isn’t work- guage reflected that, I would believe it. in some States it is up to 65 percent of ing in its presents form; let’s try a But the language says very clearly the kids in the school who qualify as portability initiative. that the parent can take their title I low income, in other words, kids who It will be the educators who write the money and take it to another school. meet the School Lunch Program, then portability initiative in the State and We interpret that, and everyone else no dollars go to that school. who apply for it. They will have the will, as private or public because it is If you are a low-income child attend- say in how it is structured. They don’t not defined as public. ing a school where you don’t have 35 have to do it if they don’t want to do I yield the floor. percent of the other kids in the school it. The PRESIDING OFFICER. The Sen- as low-income children, you don’t get If the State of New Hampshire de- ator from New Hampshire. any title I assistance. Does that make cides they like the way they are doing Mr. GREGG. I regret the Senator will any sense? Of course, it doesn’t make title I, they don’t care about trying not yield to debate this issue in a any sense. this new idea of portability or this forum-like manner. Let me answer the We are saying, instead of having the Straight A’s idea, they can walk away question on my own time because I dollars go to the school systems and to from the proposal. They don’t have to guess the Senator isn’t making her the administration and to the bureauc- do it. They can keep the law the way it point because she recognizes her point racy, let’s have the dollars follow the is. is inaccurate. child. Let’s have the dollars actually Why is there such fear on the other If the language is as they stated, the follow the child to different public side of the aisle of putting on the table school has the control over the dollars. schools so every child who is a low-in- a bunch of different options, having a The parent has the right to direct the come child actually gets funded, actu- cafeteria line that States and commu- school to pursue an assisted learning ally gets dollars benefiting that child. nities can go through? I don’t under- activity. But the child is in the public That is a pretty good idea because stand it. They have been stratified, school and the public school controls that means we are actually going to iced into the status quo, petrified into the dollars for that assisted learning point the dollars at the kids who we al- the status quo to the point they are activity. legedly are trying to help, the low-in- not willing to adjust in any way or give The only difference between the come kids. The dollars never leave the the States any opportunity for adjust- present law and what this does relative public school system in the sense that ment. It is regrettable. It is regrettable to that assisted learning activity, in all dollars must go to the public because it means we basically, as we this case the parent gets involved. school. In other words, the parent does know for 35 years, are locking our low- Under present law, the parent is not in- not have the control over those dollars. income kids into generation after gen- volved in the assisted learning activ- He doesn’t get a check. eration of failure. We know for a fact ity. If they want to bring in the Sylvan If John Jones goes to public school A, our low-income kids simply have not Learning Center or any tutorial service the dollars go to public school A. If the achieved. We ought to try some other to help the low-income child, they can parent says they don’t think public ideas. We ought to let our States try do that, but the parent does not have school A is doing the best job for their some other ideas. the right to say do it or not do it. child, and then moves John Jones to There are a lot of States out there Under this proposal, the parent has the public school B, the dollars go to public that want to try other ideas, and we right to say, yes, please send my child school B. When John Jones gets to pub- should not lock them out of that op- to an assisted learning facility. lic school B, if the parent says they portunity with Federal dollars. The school, however, has the right to think John Jones needs some assisted I yield the floor. say they don’t think that an assisted learning outside of his schoolday—re- The PRESIDING OFFICER. The dis- learning activity qualifies as being a member, his whole schoolday is domi- tinguished minority leader. quality educational activity and is ap- nated by the public school system and Mr. DASCHLE. Mr. President, I have plicable to this child’s needs. If the he cannot go to a private school with not had the opportunity to participate school overrules it because they say these dollars—then the dollars go to in this debate over the last couple of that the assisted learning activity is the assisted learning to the extent it is days. This is the first chance I have not a qualified activity, then the par- required in order to pay for that as- had. I would like to make a statement, ent can’t direct the funds to go in that sisted learning subject to the public and at the end of my statement I will area. school system, and subject to the pub- be introducing the Democratic sub- Essentially, what we are proposing is lic school system saying that the as- stitute which, under the agreed-upon a system which already exists in Ari- sisted learning is actually something order, will be the second amendment to zona—in fact, I think Seattle may have that is qualified and will do the job as be considered during the debate on this some form of this system—where par- they deem it appropriate, recognizing legislation. ents actually get involved in the proc- that under present law we already I think, as everyone has already ess of educating low-income kids. Par- allow this to occur. We allow assisted noted, this is an important debate for a ents actually have something to say learning which is a private activity. lot of reasons. The Elementary and about it. To characterize this as a voucher is Secondary Education Act is truly the We all know from history and from an inexcusable attempt to try to stig- blueprint that guides all Federal edu- study after study after study that per- matize this with a term that is being cation policy from prekindergarten tinent for improving the quality of used for the purposes of creating an ir- through high school. So this is the big education of the child is parental in- rational response from folks, especially one. This is the one that really counts volvement. We also know that the sin- teachers and the educational commu- when it comes to the Federal policy gle biggest problem we have with low- nity. It is simply hyperbole for the pur- framework under which we will work income children is the fact that par- poses of trying to beat this for political for the next 6 years. Every 5 or 6 years,

VerDate 27-APR-2000 00:45 May 04, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.040 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3291 Congress has the responsibility to do Perhaps we should not be so sur- We took important steps in 1994 by what we are doing now, to decide what prised at their interest in creating new requiring States to set high standards is working, to fix what is not. education block grants. This new, revo- for learning and to assess student per- In the past, this debate on ESEA has lutionary reform idea of the year 2000, formance, and we are starting already always been vigorous, but it has always similar to the one in 1981 might be the to see some results in some areas, as been bipartisan. In the end, the votes design: Let’s create a block grant, let’s some of my colleagues have noted. have always been bipartisan. Unfortu- sign a blank check, let’s cut that blank Student performance is rising in nately, that is not the way things have check in half in 20 years, and let’s pro- reading, math, and science. Why? Be- shaped up so far this year. vide more in tax cuts. What we need is cause we took action in 1994. Two months ago, Republican leaders a bipartisan commitment to maintain SAT scores are rising. Why? Because in the Senate stunned us by announc- the national commitment to education we took action in 1994. Why? Because ing that they were abandoning efforts and invest in solutions that we know the Federal Government created the to develop the bipartisan approach we work. incentives. Why? Because we have been have used now for 35 years. Instead, One of our great leaders in South Da- the catalyst to move these programs in they put forward legislation so sharply kota history has been the Indian leader the right direction. partisan that even the Republican Sitting Bull. More than a century ago, More students are taking rigorous chair voted ‘‘present’’ on two major he actually came to Washington and courses and doing better in them. The Republican amendments in committee. noted in a speech to policymakers at percentage of students taking biology, The truth is, this bill does not rede- the time that if we put our minds to- chemistry, and physics has doubled. fine the Federal role in education, it gether and see what life can make for Why? Because we took action in 1994. abandons it. It essentially repeals the our children, we will all be the bene- Why? Because the Federal Government role of the Federal Government in edu- ficiaries. has been directly involved, not in deci- cation. Instead of targeting Federal Today, we make that same request of sionmaking but in incentivizing. education dollars where they can do all of our colleagues. For the sake of More students are passing AP exams. the most good, the bill takes money our children, let’s put aside these ex- Fewer students are dropping out. Why? from Federal education programs and traordinary partisan differences, put Because we took action. puts it in block grants. All the Federal our minds together, and see what we What we are saying now is that it is Government would do is sign blank can do for our children’s future. That, time for us to continue to build on checks. Governors and State legisla- in essence, is what Democrats are pro- those success stories at the national tors would decide how the money is viding with this comprehensive plan to level that worked then, that are work- spent. Block grants eliminate any improve America’s public schools. Our ing now, and that provide us with the guarantee the funds will be spent entire caucus has worked hard on this opportunity to do even more. where they are most needed or on re- plan. I am very gratified that our en- There is much more to do. Not all forms that are most effective. tire caucus supports it. schools and not all students are reach- Our Republican colleagues claim to Our plan is a substitute for the Re- ing their potential. The achievement hold States accountable for the results. publican block grant proposal that is gap between rich and poor, between They require states to have a plan in now on the Senate floor. It actually in- whites and minorities, is unacceptable. this legislation, but in that plan the cludes many pieces of the bipartisan Students from disadvantaged commu- State sets their own performance goals plan our Republican colleagues aban- nities have significantly less access and the goals be based on State aver- doned in March. It is not a blank today to technology. We cannot afford ages. If children from well-off families to leave any child behind, and we have made all the gains, that would be good check. It sets high standards for stu- enough. This bill does nothing to make dents and teachers. It gives commu- to do better. Schools face many challenges that sure the children in disadvantaged nities the resources and tools to meet must be addressed if all students are communities have access to good those standards. It holds them ac- teachers and strong academic pro- countable for results. It targets Fed- challenged to achieve high standards. grams. eral education dollars where they will School enrollments are at record levels If States fail to achieve their goals, do the most good. and continuing to rise. A large part of nothing happens for 5 years. After 5 We do this by helping communities the teaching corps is getting ready to years, the only penalty for failure to reduce class size, by recruiting and retire. comply is that a State cannot partici- training qualified teachers, by helping Diversity is increasing, bringing new pate in the block grant program for the to rebuild and replace overcrowded and languages and cultures into the class- next year. crumbling schools and helping close room. It is also ironic that they are claim- the digital divide so all children can Family structures are changing. ing to ‘‘do something new.’’ What new compete in the new economy, and by More women are in the workplace cre- suggestion they are proposing is to strengthening parents’ involvement in ating the need for quality afterschool take the block grant idea that goes all their children’s education, through re- and summer school activities. the way back, at least to 1981, to repeat port cards and other information, so We are learning how important good it again now in the year 2000. That is they can hold schools accountable. development in early childhood is in their new idea. They take an idea that It also helps create opportunities for determining success in school. was proposed and passed in 1981, to con- safe before- and afterschool programs The importance of higher education vert several Federal education pro- where children can receive responsible has never been greater. Our public grams into a block grant, and to do adult supervision. It is troubling to schools need to make sure that all stu- now what we did then. many of us that every afternoon in dents are prepared to continue to learn It is important, as my Democratic America, 5 million kids go home after in college or in technical training or on colleagues have noted, to look at what school to empty houses while their par- the job. has happened to that new idea back in ents sit at work and worry about their These are national changes, and the 1981. Since then, the funding for that safety. Our Democratic colleagues be- Federal Government, as we have been, new idea, funding for that blank check, lieve we can do better than that. must be a partner in addressing them. that block grant, has been cut in half, Improving public education must be My State of South Dakota has many largely because it is difficult to advo- our top priority. small rural school districts. These cate for a blank check. State and local governments clearly schools face a particular set of chal- Republicans have made clear their have the responsibility for funding and lenges and limited resources to address highest priority is enacting huge tax running our Nation’s public school pro- them. Many have a hard time attract- cuts. Those irresponsible policies would grams. Federal programs should be the ing qualified teachers, and teachers leave absolutely no room for critical catalyst for change. We need to focus often have to teach more than one sub- investments in education. So this cut- our efforts on fundamental changes ject. Course offerings may be limited. ting in half of the blank check might that work to make sure every child has Because students can come from long fit that scenario. the opportunity to learn. distances, many rural schools have high

VerDate 27-APR-2000 01:28 May 04, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.043 pfrm09 PsN: S03PT1 S3292 CONGRESSIONAL RECORD — SENATE May 3, 2000 high transportation costs. In many No. 1, all children will start school and Secondary Education Act. This rural communities, the tax base is ac- ready to learn. amendment the minority leader has tually shrinking. The crisis in the farm No. 2, graduation rates will increase put forward is going to make very im- economy is making it difficult to mod- by 90 percent. portant corrections to the Republican ernize schools and meet all of these No. 3, all children will demonstrate bill that will help all students in this student needs. competency in challenging subject country and their schools get the help Federal resources are important for matter. they really need. these schools, but they do not even get No. 4, teachers will have access to On Monday on the Senate floor, I, enough funding to make effective pro- programs to improve their professional along with a lot of my colleagues on grams in the first place. skills. this side, outlined the many ways that The Democratic alternative includes No. 5, U.S. students will be first in this Republican bill is going to hurt a provision to provide supplemental the world in math and science achieve- our students. I outlined our positive payments to qualifying rural schools ment. agenda that will help all students that they can use to hire and train No. 6, every American adult will be reach their potential by investing in teachers, reduce class size, improve literate. the things we know work. school safety, and upgrade technology. No. 7, every school will be dis- Today, I have come back to the Sen- For more than 50 years, and going all ciplined, safe, and drug free. ate floor to support this alternative the way back prior to that period 50 And finally, No. 8, every school will which sets the right priorities for our years ago when the first baby boomers promote parental involvement and par- students. This is a positive agenda for were born, our parents committed ticipation. making improvements to the role the themselves to the most ambitious In a few weeks, the children who Federal Government plays in helping school construction program in our Na- were in the first grade when those our local districts provide education. tion’s history. They had just fought the goals were written will graduate from Across this country, schools are Second World War, and they could have high school. Children grow up quickly. making remarkable progress, but none said: We have sacrificed enough for a Instead of abandoning our Federal of us can remain satisfied with the sta- while. We fought the war; we won the commitment to education, we need to tus quo. war. Now it is somebody else’s respon- work together to build that monument As Americans, we believe every child sibility. so one day we, too, can say: If you want should be able to meet high standards Instead, they said: We love this coun- to see what this great country did on and reach his or her full potential. This try; we love our children; we want education, look around. If you want to debate in this Senate is our chance— them to have at least as good a life as see how good we are, go into the our only chance, perhaps in 6 years—to we have had, and we are willing to schools where eight goals were pro- make sure every child has the tools to work to give them that chance. nounced and now are reality. If you succeed. Most of us who now serve in Congress want to see whether or not we as Sen- As a parent, as someone who has attended those schools. We have bene- ators have succeeded and achieved our fought for our students on the PTA, as fited greatly from the decisions and goals representing the great legacy left a school board member, I have seen sacrifices they made. The question fac- to us by others, look around. what works in our schools. Parents and ing us now is pretty simple, but aw- Let us do this right. Let us pass good educators have told me we need to in- fully important: Are we willing to give comprehensive elementary and sec- vest in smaller class sizes. We need to our own children, are we willing to give ondary education today so that we can invest in teacher quality. We need to our own grandchildren, the same provide the kind of incentive, the kind help to have more parental involve- chance we were given? Are we willing of commitment, the kind of investment in our schools. We need to invest to work with each other, with parents, ments, the kind of direct, responsible in safe and modern schools for all of teachers, and community and business approach that is so warranted if, in- our kids. Those are proven strategies leaders to strengthen our schools? Or deed, we say that our children are im- that are transforming schools across are we going to turn our backs? portant and our future is really what it the country. We should invest in those The answer to that question is going is all about. powerful approaches. to be decided in part by the decisions AMENDMENT NO. 3111 Unfortunately, the Republican pro- we make over the next several days on Mr. DASCHLE. Mr. President, I ask posal before us goes in the exact oppo- the education bill and, frankly, on this unanimous consent that the pending site direction. Instead of making a amendment. Gorton amendment be laid aside, and commitment to what works, and to If one visits London, they will see the that I be permitted to call up my what we know works, it experiments work of Christopher Wren everywhere. amendment, which is at the desk. with things that have no record of pro- He was the 17th century architect The PRESIDING OFFICER. Without ducing results for students. whose work defines London’s skyline objection, it is so ordered. The clerk Today, surprisingly, the Federal Gov- today. He built 51 churches. He built will report. ernment only provides 7 percent of all palaces, hospitals, and libraries. His The assistant legislative clerk read education funding. But those dollars most famous work, of course, is St. as follows: are very importantly targeted to help Paul’s Cathedral. If one goes to the The Senator from South Dakota [Mr. America’s most vulnerable students crypt at St. Paul’s and looks hard, he DASCHLE] proposes an amendment numbered meet their critical needs. It is a re- will see a small black stone marking 3111. sponsible, accountable way to meet the the architect’s final resting place. It is Mr. DASCHLE. Mr. President, I ask needs in America’s classrooms. written in Latin. It simply says: If you unanimous consent that the reading of The Republican approach would take seek his monument, look around. the amendment be dispensed with. the things that are working and turn The blueprint we are drafting today The PRESIDING OFFICER. Without them into a block grant. Their block is like a cathedral. It is like a blue- objection, it is so ordered. grant does not go to the classroom. It print that will help shape our chil- (The text of the amendment is print- goes to State legislatures and adds a dren’s education and, thus, their fu- ed in today’s RECORD under ‘‘Amend- new layer of bureaucracy between the ture. If we do it well, it will inspire ments Submitted.’’) education dollars and the students who them to find the best in themselves. The PRESIDING OFFICER. The Sen- are so important. The monuments we are creating are ator from Washington. The Republican approach puts all of for our children, and we need to ask Mrs. MURRAY. Mr. President, I come its faith in block grants. I am here to ourselves what will our monuments say to the floor today to thank our minor- tell you that students will lose out be- about us and what we value. ity leader, Senator TOM DASCHLE, for cause, as I have said before, a block Twelve years ago, America’s Gov- the tremendous effort he has made in grant cannot teach a single child to ernors were able to do just that. All 50 helping us craft the Democratic alter- read. A block grant cannot teach a sin- Governors, Republicans and Demo- native to the underlying bill that we gle child the basics. But investing in crats, agreed on eight national goals: are considering today, the Elementary teacher quality and reducing our class

VerDate 27-APR-2000 01:31 May 04, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.045 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3293 sizes can help teach children the ba- funding for that program was cut in ance. It will expand and strengthen sics. That is what we should be doing half. afterschool opportunities for students, in the Senate. The effects of putting our education which Senator BOXER has been so The Republican block grant proposal budget today into a block grant would strong on, knowing that it makes a dif- is a reckless, giant step backwards. be felt in every school across this coun- ference in the educational lives of First of all, the Republican bill is going try. We would see more overcrowded thousands of students across this coun- to hurt disadvantaged students. Today, classrooms with fewer resources dedi- try. education dollars are targeted at the cated to improving teacher quality. We will repair and modernize Amer- Federal level to America’s most vul- That will be the result of block grants. ica’s aging schools. I can’t tell you how nerable students, ensuring that chil- The Republican agenda is made up of many times I have been in a school dren who are homeless or children of block grants and vouchers, cutting life- where we have seen kids with coats on migrant workers get the resources they lines to vulnerable students, having because the heat didn’t work, where need. They travel from school to less money for our classrooms, and less water was dripping through the class- school, from State to State; and we accountability for taxpayers. rooms, where they were in portables. need to make sure, no matter what There is no reason to experiment We send first, second, and third graders school or State they are in, they get with block grants and risk leaving stu- out across schools to use restrooms be- the help they need. Under block grants, dents behind. We know how to improve cause there isn’t any running water in there would be no assurance that the education, and we should be doing that their building. We believe our children education dollars intended for these on the Senate floor. That is why I sup- can learn if we pay attention to what very vulnerable students will actually port the Democratic alternative that is they are learning in. go to those vulnerable students. now before the Senate. Our underlying Democratic alter- Educationally disadvantaged stu- We believe we must keep our com- native increases parental involvement. dents have very few advocates. Believe mitment to vulnerable students. We be- Every parent knows intuitively if they me, as a former school board member, lieve we should keep our schools ac- participate with their child in their I know they do not show up at school countable. We believe we should not let school, their child will learn better. We board meetings. They do not show up block grants shortchange students. make sure that happens in the Demo- in State legislatures. They certainly do That is why we are fighting these block cratic alternative. not travel here to the Congress to grants and standing up for the strate- Finally, we work to close the digital stand up for the programs that serve gies that make a positive difference in divide. As Senator MIKULSKI so elo- their children. We have the responsi- the classroom. That is why we are quently speaks about, we have to make bility to do that for them. By elimi- working very hard to pass this Demo- sure every child is on the right side of nating the targeting that helps poor cratic alternative. the digital divide. This Democratic al- students, block grants would simply This alternative makes a real com- ternative makes that happen. cut the lifelines that run to disadvan- mitment to reducing classroom over- I urge my colleagues to support this taged students. We cannot let that hap- crowding. It keeps our commitment to alternative. Clearly, the Republican pen. help local school districts hire 100,000 proposal before us will leave students Secondly, block grants reduce ac- new teachers to reduce classroom over- behind. By passing this amendment, we countability. Under block grants, we crowding, an approach that we know will show parents, teachers, and stu- do not know where our tax dollars are works—parents know it works, teach- dents across the country that we un- going. We will not know if that money ers know it works. Studies are showing derstand the challenges they face, and is being used for critical needs. We will that reducing class size in the first, that we are going to be good partners not know if public taxpayer dollars are second, and third grades makes a dif- at the Federal level to make sure all of staying in our public schools. ference in our student’s ability to read, our kids, no matter who they are or Block grants have little or no ac- to write, and to reduce discipline prob- from where they come, will have the countability for student achievement. lems in our classrooms. That is in the opportunity to reach their full poten- In this bill, we let 3 to 5 years pass be- Democratic alternative. tial. fore any accountability kicks in. We Over the past 2 years, Congress has I yield the floor. are going to lose kids in that amount provided more than $2.5 billion for the The PRESIDING OFFICER (Mr. of time. The Republican bill simply is a specific purpose of recruiting, hiring, HAGEL). The Senator from Tennessee is 3-year experiment that breaks our and training teachers to reduce class recognized. commitment to the things we know size. Unfortunately, the underlying Re- Mr. FRIST. Mr. President, I rise in work, and it risks having students fall publican bill walks away from that opposition to the Democratic alter- behind. Under the current bill, block commitment. The Democratic sub- native because I believe it inad- grants would even allow public tax- stitute will authorize the Class Size equately addresses the issues and the payer dollars to be used for private Reduction Program, and provide $1.75 things which we feel so strongly schools. billion to help districts hire new, fully about—flexibility, innovation, and cre- The amendment that was previously qualified teachers. ativity at the local level; strong ac- offered supposedly fixes that, but it In addition to keeping that commit- countability; a child-centered edu- does not fix the fact that, under the ment, this alternative will address the cation program, focusing on the child, title I portability requirements, public need for a qualified teacher in every not the system in Washington DC; tax dollars will still be able to be used classroom. I assure you, when they flexibility, accountability, high stand- in private schools. send their child off to school on the ards, and, again, child-centeredness. Finally, block grants mean less first day of school in September, every We have an opportunity, over the money for the classroom. Pure and parent wants to know two things: how course of the next several days, to con- simple, block grants will mean less many kids are in their classroom, and tinue to build on themes that we de- money from the Federal Government who is their teacher? bated, I believe, very effectively, last to our classrooms. Why do parents ask those questions? year on the Education Flexibility Part- By the way, block grants are not Because they know if their child is in a nership Act—Ed-Flex, as it came to be new. They do have a history here. That classroom that is small enough, where known. Ed-Flex was a bill that was history shows us, very clearly, that they get individual attention, and if signed by the President, which stresses when a specific program is turned into they have the best teacher, that child flexibility, accountability, local con- a block grant, inevitably the funding is going to learn. trol, and stripping away the Wash- will get cut. We want to make sure every child ington redtape. Over the last several For example, an education program has a qualified teacher in their class- days, we have heard statistics quoted that we call title VI, which funds inno- room. This Democratic alternative again and again about how we are vative education efforts, was turned makes a move in the right direction. doing better in education today and into a block grant in 1982. Guess what The amendment will hold schools ac- citing new programs that have been in- happened between 1982 and 1999. The countable for better student perform- troduced and new money spent in the

VerDate 27-APR-2000 01:28 May 04, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.048 pfrm09 PsN: S03PT1 S3294 CONGRESSIONAL RECORD — SENATE May 3, 2000 traditional old ways, to explain that want to do, the opportunity we have In light of the continuing proliferation of we are doing better. today in the underlying bill is to pro- Federal categorical programs, the task force I think it is absolutely critical that mote that innovation, that creativity, recommends that Federal education pro- we in this body and people around the to take off those handcuffs, and cap- grams be consolidated. This effort should in- United States recognize we are not clude reorganization at the Federal level and ture that innovation of educational re- block grants for the States. The task force doing better. American 12th graders form. particularly favors providing States flexi- rank 19th out of 21 industrialized coun- The bill that was just laid down—the bility to consolidate all Federal funds into tries in mathematics achievement. In Democratic alternative—is simply an integrated State strategic plan to achieve science, my own field—remember, more of the same: more programs national educational objectives for which math and science serve so much as the which cut out and reject the innova- the State would be held accountable. foundation of what is going to occur in tion and creativity which has the op- That is the No. 1 recommendation our economy, in job creation and glob- portunity of accomplishing what the that came from this Senate Budget al competitiveness, as we work to the real goal must be, which is to take care Committee Task Force on Education. future. In science, we are not 1st, or of that individual child in a way that This need for consolidation really 5th, or 10th, or 15th in the world; we he becomes better educated. could not be more clear. We had this are 16th out of 21 nations. If you look Flexibility, combined with account- backdrop of stagnant student perform- at physics or advanced physics, we are ability, has to be our objective. The ance, in spite of different statistics and dead last when we compare ourselves end result of the debate on education studies that have been brought forward to other nations. modernization, I call it, absolutely and purport to show minimal progress. If we look at 12th graders, those peo- must and should be innovation—re- We have to come to the general agree- ple you would think were best posi- warding what works, and what doesn’t ment that student performance has tioned to enter the world of this new work, putting it aside. That is captured been stagnant—because it has been economy, since 1983 over 10 million in the underlying bill. stagnant. In spite of that, we find not Americans reached the 12th grade with- I had the opportunity on the Budget what you would think would be a very Committee—I serve on the Health, out having learned to read at a basic streamlined focus to the Federal effort, Education, Labor and Pensions Com- level. Over 20 million have reached but a sprawling, unfocused effort that mittee from which this bill has been their senior year unable to do basic really is driven by a lack of the ques- debated and has emerged. I have had math. We have heard that in the fourth tion, What works? the opportunity also to serve on the grade—although we have made slight Let’s support what works, and what Budget Committee, where we had a improvements—77 percent of children doesn’t work. Let’s no longer feed, as task force on education. For 6 to 8 in urban, high-poverty schools are we have done over the last 20 or 30 months, we had a whole range of hear- reading below the basic level on the years and would continue in this ings and witnesses, both Democrats National Assessment of Educational Democratic alternative bill, things and Republicans, who came forward Progress. that do not work. The Democratic al- with a pretty uniform, simple, well-un- So as we hear the debate unfold, basi- ternative unfortunately feeds, yes, derstood message after about the third cally saying that progress is being some good things that work but also or fourth witness, and that is that we made, this is the foundation, these are continues this institutionalization of have today in education, Federal edu- the facts, and this is where we are things that do not work. cation programs, almost a spider web today: Little or no progress has been Our bill, we have heard, contains a of duplicative programs, oftentimes made. If you look longitudinally at very important demonstration project conflicting, each with their own bu- how we are doing in various fields in called Straight A’s. It is a demonstra- reaucracies, all trying to do something the last 30 years, when you compare us tion program. Earlier, Senator GREGG, good, but resulting in this sprawling— again, drove home a very important internationally, that flat curve of not like a spider web, behemoth, and it is point on the floor, within the last hour, doing better has to be compared to the hard to decipher what the incentives that we are not in this demonstration fact that other countries around the are to do better. world, competitors, other members of There has been no streamlining, no program and in our underlying bill the global economy, are doing much coordination over all these programs, forcing anybody to do anything; that better. That lack of achievement, that which have been layered one on top of they have a choice. If a local school lack of accountability, that lack of the other over the last 30 years. We district or a State is unsatisfied with progress is really what we are debating have heard it again and again. This this duplicative Federal effort and the today. For whom? For our children. sort of spider web of responsibilities categorical programs that have redtape For that next generation. and conflicting programs—some people tied to them, under our bill they can, if I mentioned Ed-Flex. The purpose of say there are 280 programs; some say they want to but don’t have to, con- Ed-Flex was basically to begin that there are 750 programs. The point is, tinue with the same programs. But process, that debate, of getting rid of there are a lot of programs, all aimed they have other options. the Washington redtape. We heard at that individual child, resulting in In Straight A’s, we give schools in again that the Federal programs ac- inefficiencies and waste and loss of school districts the flexibility if they count for about 50 percent of the bu- focus on student achievement that is want it. I can tell you that many of reaucratic redtape that our teachers at so apparent. them want it based on the hearings we the local levels, back in all of our local The sad part about that is, it ulti- have had in our committee, or based on communities, suffer under each day. mately gets translated into punishing the budget task force. Their goal is to They want to teach, and they want to our children today instead of helping increase achievement. If they say it have that individual child become bet- our children today. There is a lack of can be best achieved in a local commu- ter educated. Yet in another Federal educational progress, resulting in the nity in Nashville, TN, or Alamo, TN, or program, we have another set of regu- international data I mentioned. Once Soddy-Daisy, TN, requiring them to lations and we layer more and more again, instead of truly developing the make decisions and giving them the redtape on their activities each day. full potential of the individual stu- flexibility to accomplish that achieve- It is time for us to cut the redtape dents, thousands, tens of thousands, ment to educate the children, then and remove these overly prescriptive— are not being well educated in our they, for the first time, will have yes, well intentioned—programs that schools today. choice under our bill. But under the we see in the Democratic alternative We filed a report based on our task Democratic alternative they will not just presented. It is well intended, but force, and the No. 1 recommendation— have that flexibility to innovate and to there are more programs, more of the because we heard so much again and create. same, cutting out that opportunity to again about the redtape, the burden- Under our bill, States don’t have to, capture an educational reform move- some regulations, tying hands of the but they may elect to partner with the ment that is going on around the coun- individual teachers—the No. 1 rec- Federal Government to consolidate try today. If we look at what our ommendation out of the Budget Com- those elementary and secondary edu- schools and principals and teachers mittee Task Force on Education was: cation funding sources. A State may

VerDate 27-APR-2000 01:28 May 04, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.051 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3295 choose to remain just where they are nationally in this increasingly global they adopted to the so-called block today under our bill in the categorical world, I believe the Federal Govern- grants, the block grants which the program, but they will have a choice ment must provide the leadership to other side is attempting to vilify. If for the first time. identify the problems of education in K you talk to Chicago, which is really a Under the Straight A’s demonstra- through 12 in this country as one that model in terms of flexibility and action project, States that participate is clearly worthy of the collected en- countability, they attribute much of could choose to spend that Federal ergy and the attention of all Ameri- their success to the use of block grants money in the way that is best for cans. that allow flexibility to rise forth to them. The contrast will be the Demo- Yes, incremental resources both at capture the innovation and the cre- cratic approach that says: No, we in the local and the national level are ativity that emerges once you take Washington, DC, can best judge what likely to be required and to be in- away these regulatory handcuffs. works best. In Soddy-Daisy, TN, at the creased over time. But it is absolutely The Chicago officials were clear: school that is serving the hundreds of essential, along with the resources we We know the system and we believe we kids in Soddy-Daisy, basically Repub- provide today, that we give the States know the things that it needs to have in licans say no; that the school should be and the local communities the freedom order to improve. So, the more flexibility we able to make the choice on how to use to pursue their own strategies for im- have with Federal and State funds, the easi- those funds. Why? Because, in Soddy- plementation in how to identify the er it is to make those changes. Daisy, they might need textbooks and needs and thoughts of local commu- The partisanship we should put aside. not another teacher, for example. They nities. Effective education policy absolutely have already reduced class size, per se. State strategic plans are something should not be bound by party lines. We They may need to hook up that com- that we, as a Federal Government, can have disagreements. We will say puter to the T–1 line, to the fiber-optic should support. It is allowed under our more flexibility, more local controls, cable, that comes a block away so they bill. It is encouraged under our bill. In child-centeredness. The other side may can take advantage of that access. Or fact, under such a plan the States say another government program is the they may need an afterschool program. would establish concrete, specific edu- answer. That is a legitimate debate. They are the ones—not us in Wash- cational goals. But let’s set the partisanship aside. ington, DC, and not those of us in this As we address this whole issue of ac- The Florida Commissioner of Edu- Chamber—who are in the best position countability of what they do in return cation said: to make those decisions. for this flexibility, they would also es- We, at the State and local level, feel the State and local school districts, I tablish at the State level or at the crushing burden caused by too many Federal mentioned earlier, are attempting to local level very specific standards for regulations, procedures and mandates. Flor- accountability, and timetables for ida spends millions of dollars every year to be innovative today. They recognize administer inflexible categorical Federal that things are not working. I think it achievement. In return, they would be programs that divert precious dollars away is, without question, based on the data allowed to pool the Federal funds from from raising student achievement. Many of we have listened to as we go back to all of the categorical programs that we these Federal programs typify the misguided our districts and in our various hear- built here in Washington, DC, and one size fits all command and control ap- ings, that it is the local school dis- spend those consolidated resources in proach. tricts and the States that are the real States on locally established priorities. The concept of command and control engines for change, that recognize the Accountability is absolutely critical. clearly is one that we believe and be- needs, and are responding to those Traditionally, accountability in the lieve strongly has not worked in the needs with innovative programs. They Federal perspective has been very past and is something we should no are yelling and crying out to take much on quantitative measures rather longer rely upon as we march into the away these regulatory handcuffs and than qualitative ones. next century, recognizing the impor- this excessive regulatory burden and We talk about how many students tance of a foundation of strong edu- redtape that strangles them and keeps are being served by title I. Everybody cation for our children. that innovation from bursting forth. knows by now that title I is the Fed- The Department of Education, when It is teachers, it is parents, it is prin- eral program with $8 billion aimed at they testified before our task force, in cipals, and it is local communities who disadvantaged students. But we have many ways agreed there needs to be are demonstrating on a daily basis not asked how well those students are simplification. We have so many cat- their enthusiasm and desire calling for doing. Again, is it child-centered? That egorical programs. Testifying before this choice and increased flexibility. is so important in the underlying bill. the task force, Secretary Riley said the Although the Federal Government— Is it child-centered and focused on how Department had eliminated 64 pro- both the Congress and the President— well that student is doing? How much grams. Then just several weeks later, is prepared to assist in improving is that student learning? How much is we had the General Accounting Office America’s schools, I think it is for all that achievement gap narrowing? We tell us the Department still oversees of us to remember that there are limi- haven’t asked that question. Now is the 244 programs. tations. We have heard it on this floor. time. The underlying bill links that Seeing the Department recognizes There are limitations in terms of the flexibility to accountability and to the importance of streamlining and Federal role in education. In Ten- asking those fundamental questions. consolidation leaves me a bit perplexed nessee, funding for education in our The issue of partisanship comes for- as to why the Department opposes the local schools is about 9-percent Federal ward again and again. Although both principles in our underlying bill. Under funding and 91-percent local, commu- sides of the aisle say, yes, education is our bill, we allow choice between the nity, and State. important, and, yes, we need to do bet- current system and a more consoli- There are not Federal teachers. ter, the partisanship is interesting be- dated approach—not forcing consolida- There are not Federal classrooms. cause people are painting the Straight tion, but a choice for consolidation. There are not Federal principals. Vir- A’s component as partisan. If we were doing so well today, as we tually all learning in America is occur- Again, the Straight A’s demonstra- have heard again and again from the ring in classrooms and in homes out- tion project, flexibility, account- other side, I do wonder why they fear side of the purview of the Federal Gov- ability, local control, choice—not all the States will choose to partici- ernment. But the Federal Government, forced choice but the free choice, is a pate in our Straight A’s demonstration tied to that 9 percent in Tennessee or 7 partisan measure. program, if they really think the cat- percent nationally, has this excessive During a budget education task force egorical system is working so well. regulatory burden which strips re- meeting, it was fascinating for me to I understand why the administration sources out of our local communities. hear from the Democratic officials opposes our proposal. We do say we The Federal Government clearly from the Chicago school system, who should not be micromanaging K- plays an important role. Since we are said the most important thing is flexi- through-12 education for all of the failing so miserably, I argue, nation- bility. They credit much of their 80,000 public schools out there out of ally, and thus, we are failing inter- progress in reforming the system which Washington, DC. It means, for example,

VerDate 27-APR-2000 01:28 May 04, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.053 pfrm09 PsN: S03PT1 S3296 CONGRESSIONAL RECORD — SENATE May 3, 2000 if the administration has an agenda 2, we have infused the fact that new re- sweeping reforms. The 1988 law gave item, it would be increasingly difficult sponsibilities must be coupled with en- unprecedented discretion to individual to impose that on a local community if suring that students are actually Chicago schools. The 1995 law gave the the local community says you are learning, that standards are increasing, mayor an unprecedented role. In addi- wrong. That is not what is needed. that we are doing what education is all tion, the State legislature in Illinois That does not meet the needs we have about, and that is educating those indi- has allowed the use of block grants for identified based on our experience in a vidual students. much of the funding for Chicago’s local community. States must have measures in place schools. In the last several days, many of my to ensure that all children, poor and According to Chicago school officials: colleagues on the other side of the aisle nonpoor, meet proficient levels of Most of our initiatives are locally-based, suggest that Straight A’s does not have achievement within 10 years. What bet- locally-funded, locally-developed by people any guarantee that the money will be ter catalyst for reform is there? What who have been working in Chicago for many spent the way ‘‘it is intended.’’ We better way to ensure that poor children years. We know the system and we believe have heard it again and again. I ask we know the things it needs to have happen receive the same quality of education in order to improve. So, the more flexibility that fundamental question, the way as their wealthier counterparts than we have with Federal and State funds, the ‘‘who’’ intended it be spent? Do we requiring—which is what our bill easier it is for us to make those changes. really think we in the Senate with the does—that States demonstrate their Remember, Straight A’s is a dem- range of issues that we deal with, with poor children are achieving? onstration project. It is not being the distance of being in Washington, School districts should be allowed to forced on anybody. The school district, DC, can speak for each individual use the Federal funds in the most effec- the State, can choose whether or not school and the individual needs identi- tive way to reverse the trends I opened they want that increased flexibility or fied by that local school? Or is it the my comments with, trends which show accountability. That is the beauty of local teachers and administrators and us falling further and further behind as the underlying Republican bill. educators who have been in the edu- we compare our students in the 4th, For the first time, Straight A’s fo- cation business for years. Do we really 8th, and 12th grades internationally. cuses on what matters most—the ac- think we know better than they what In the First in the World Consortium countability, the achievement levels of schools need to be successful? Are we schools located outside of Chicago, ad- the children who need the help the so arrogant and think so much of our ministrators poured significant most. Under Straight A’s, a State may own thoughts to believe that without amounts of money into improving do almost anything with the Federal our individual programs that are tar- teacher quality through intensive pro- money but—and the ‘‘but’’ is what you geted for specific purposes, our schools fessional development. The results, un- don’t hear from the other side—but it would not undertake specific efforts to like the rest of America in the statis- has to prove it has increased the aca- reduce class size, to recruit quality tics which I quoted from the Third demic achievement of all of its stu- teachers to the classroom, or to mod- International Math and Science Study, dents in the end. Poor kids, clearly, ernize their schools? which show we are falling behind, were We have heard in the last several will be better served under this pro- just the opposite in the consortium posal. days from Democrats who have called than what we are seeing nationally. the Straight A’s demonstration project Again, for the first time the object of They saw improvement. the Straight A’s Program is for States a blank check. Anybody who has read Last week, I heard from innovative the bill or who has studied what to focus on closing the achievement State superintendents from Texas and gap between those students who excel Straight A’s is all about simply cannot Georgia that several of their school call it a blank check. For the first and those who do not, between rich and districts discovered that their reading poor, between black and white; the time, we are actually requiring States teachers did not know how to teach to show results. This bill looks at re- achievement gap is to be closed. children to read so they invested sig- The debate centers on flexibility, ac- sults, student achievement. It must be nificant dollars in retraining all of documented. We are requiring States countability, on child-centeredness, on them in the research-proven, the docu- local control. I have risen today to to show for the first time how they are mented methods of reading instruction. helping disadvantaged students reduce speak in opposition to the Democratic This is local control, local flexibility, alternative which basically says those the achievement gap. local identification of needs; not man- An editorial today in the Washington are not the principles, those are not dating what districts need out of Wash- Post was interesting. It decries the themes for the American people. ington, DC. It is reinforced when you Straight A’s for removing targeting re- The themes are another Federal pro- think some districts may want to offer quirements on Federal dollars. The edi- gram to add to the 760 programs that programs on a district-wide scale to en- torial says: are out there. tice better teachers into the school It makes no sense that States somehow The theme on the Democratic side is: need the right to shift funds away from low- system and into some of the poorest We know what is best in Washington, income schools in order to narrow the performing schools. The funds might DC. Republicans are basically saying: achievement gap between the lowest and not be sent directly to those poor No, we do not know what is best. The highest achieving students. schools, but the quality teachers people who know best are the people Apparently, the editorial board en- would. Because we know a high-quality who are closest to our children, who do courages us to vote Straight A’s down teacher is the most important deter- know their names and their faces, who to protect the flow of money to the minant of a student’s achievement are at the head of the classroom every poorest schools. level, that would be good. It would be a day, teaching; those with the commit- It misses the point. The point is this wise use of those funds. Our bill allows ment, the teachers and the principals Federal flow of money has done noth- the use of funds in those ways. and the school superintendents and the ing for children in the poorest schools Isn’t it possible that this approach parents—the parents, again, who un- except to make us feel good; to say, might just be more effective than sim- derstand, who see, whose input is so yes, we are doing something. If you ply throwing money at a poor school? necessary as we answer that question look at the objective results, we have Demanding that accountability while of what works and what does not. done nothing. Report after report giving the flexibility to use those funds Mr. President, I yield the floor. shows our poorest students are getting in that way? The PRESIDING OFFICER. The Sen- further and further behind. If you go Radical changes in flexibility and ac- ator from Georgia. back to our bill, you will see why we countability, I believe, are precursors Mr. COVERDELL. Mr. President, I stress measurable results in reducing to the sort of reforms we are wit- rise in opposition to the amendment the achievement gap, linking it to the nessing at the local level in selected before us, the Democrat substitute. In devotion and the investment of re- pockets. I mentioned Chicago. Many of that it is a total proposal, it gives us a sources. us have quoted the reforms that have chance to talk about the context of the It requires you send the money to gone on in Texas. In 1988 and 1995, the total debate. I have to say I am ap- poor schools. In the underlying bill, S. Illinois State Legislature enacted palled, looking at the scope of the data

VerDate 27-APR-2000 01:28 May 04, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.055 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3297 over the last 30 years, that anybody system has been for administrators, poor students lag behind their more af- could defend the status quo. It is just not teachers. We are arguing about fluent peers by 20 percent. The results mind-boggling to think about it. how to get the appropriate number of show no change—I repeat, no change— It does remind me of the welfare de- teachers, and a system-oriented pro- over the three assessments from 1992 to bate. I never could understand how gram is driving up administrators. I 1998. From where are we drawing any anybody could look at that system and want to make the point that one can- conclusions that somehow things have look at the number of people who were not simply say it is just 7 percent of turned around? being damaged by it and not recognize the money. That is just not the case. It In grade 8, 38 percent are below basic that something had to be done to is 7 percent of the money, it is 50 per- in mathematics; 48 percent of fourth change it and we had to look to newer cent of the overhead, and it is mandate grade students scored below basic. ideas. Not all the new ideas work, but after mandate. It has local systems In reading, there are more 12th grad- we know the old ideas did not. gnarled up. ers scoring below the basic level; 20 Today in America, 41 million adults On more than one occasion, there has percent in 1992 and 23 percent, up 1 per- are not effective readers. They have been an inference that the States do cent, in 1998. trouble with a phone book or a pre- not have the moxie or the know-how to One has to be an eternal optimist be- scription drug label, reading a letter get in there and get this done. Frankly, yond any description or definition that from a family member. That is a stag- it is in the States where I see the most I can understand to think that some- gering number. I am going to get into innovation. In my State of Georgia, a how this incorrigible data we have re- some of these statistics, but I want to Democratic Governor is turning the ceived shows that we have a tourniquet step back just for a moment to say I system upside down. Or one can go to on the problem and circumstances are think everybody inherently knows edu- Wisconsin or Arizona. Why are they so improving. cation is an exceedingly important sub- energized? Why are they asking us for Seventy percent of children in high- ject for all of us in the country. But more flexibility and more options? Be- poverty schools scored below even the most basic level of reading. from time to time, I think we need to cause they know what we have been Half of the students from urban step back and recognize that education doing is ineffective and not getting the school districts failed to graduate on and an educated mind are a corner- job done and damaging our democracy time, if at all. stone of American liberty. because it is putting out on the street Forty-two percent of students in the Let’s try to frame this for a moment. millions of Americans who cannot highest poverty schools scored at or From our very founding, we have un- function properly in our society. above the NAEP basic level for reading; derstood that a core component of The minority leader earlier said that 62 percent of students in all public maintaining a free society is that the since 1994, we have been doing a whole schools met the standard. population is educated. To the extent lot better. First of all, we were doing We have been at this for 35 years and that any among us who are citizens do so badly that it did not take a lot to have spent approximately $130 billion. not have the fundamental skills, the improve. The point is, there really is In virtually every category, those stu- basic education, they are truly not no basic improvement. The data is dents who were the targets of this pro- free. They cannot enjoy the full bene- atrocious. In mathematics, American gram are not better off. fits of American citizenship because 12th graders ranked 19th of 21 industri- I want to talk about that for a mo- they are denied the ability to partici- alized countries and in science 16th of ment. What does ‘‘not better off’’ pate. They are inhibited in the ability 21 nations. Our advanced physics stu- mean? I said 42 percent, 13 percent, 30 to think for themselves, for their fami- dents ranked last. Who would ever have percent, 6 million of those, 5 million of lies, for their communities, for the Na- thought this to be the case in the these. What does that mean? What if it tion. United States of America? is a person we know living in one of our There have been a couple of asser- Since 1983, 6 million Americans cities? It means, to use a figurative tions made here. One was made by the dropped out of high school. In 1996, 44 name, Billy Smith cannot get a job be- majority leader. The other I think was percent of Hispanic immigrants aged 16 cause he cannot read. He has dropped made by the Senator from Connecticut. through 24 were not in school and did out of school. He is pushed into prob- I would like to talk about those for a not hold a diploma. ably a very poor environment. The minute. In the fourth grade, 77 percent of likelihood of Billy Smith going to pris- The suggestion is that these deplor- children in urban high-poverty schools on is three times that of a student who able statistics, that two out of every are reading below basic on the National stays in school. The chances Billy is three African American students and Assessment of Educational Progress. going to be the father of a child born Hispanic fourth graders can barely In 1995, nearly 30 percent of all first- out of wedlock are in huge multiples. read, 70 percent of children in high-pov- time college freshmen enrolled in at The average annual income is virtually erty schools score below the most basic least one remedial course, and 80 per- poverty line or below. Pushed to crime, level of reading, and on and on and cent of all public 4-year universities of- Billy Smith, one of these millions on—the assertion by the Senator from fered remedial courses. about whom we talk, one of these per- Connecticut was: But the Federal Gov- According to U.S. manufacturers, 40 centage points or numbers, one of these ernment only deals with 7 percent of percent of all 17-year-olds do not have people we have turned a blind eye to- the funding for schools and 93 percent the math skills and 60 percent lack the ward for these many years, is just like- comes from somewhere else so this reading skills to hold down a produc- ly, more than anything else, to end up blame cannot be directed at Federal tion job at a manufacturing company. in trouble, end up in prison, end up on policy. Seventy-six percent of college profes- drugs, not be a productive element of That is a little misleading because sors and 63 percent of employers be- society, and probably create a family for the 7 percent of these funds that go lieve a high school diploma is no guar- of whom he cannot take care. to the various States, about 50 percent antee that a typical student has That is the picture that gets repeated of the bureaucratic overhead is associ- learned the basics. by these millions and millions of peo- ated with that 7 percent. Maybe this is one of the statistics ple about whom we talk. There are 41 All the regulations, all the mandates, that is thought to have improved: The million American adults who cannot and all the forms associated with this dropout rate for 9th and 12th graders in read. Look at the prison population Federal investment in education carry 1995 was 3.9 million—rounded off, 12 and find out their reading skills. Of with them an enormous and staggering percent. In 1998, this period for which course, it is not that it is nonexistent, burden. There are hundreds upon hun- we were supposed to have seen signifi- but it is not there. Every one of these dreds of Federal employees in every cant improvement, the dropout rate children who falls out, and through, State of the Union endeavoring to was 3.9 million or 11.8 percent, or per- this system is being condemned to a carry out the programs associated with haps two-tenths of 1 percent—hardly very unpleasant and nonproductive fu- the 7 percent. anything about which to get excited. ture in our society. Since 1994, by and large, the growth In grade 4, according to the National Now comes this bill that we are con- of employment in the public school Association of Education Progress, sidering. I am not a member of the

VerDate 27-APR-2000 01:28 May 04, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.058 pfrm09 PsN: S03PT1 S3298 CONGRESSIONAL RECORD — SENATE May 3, 2000 committee. But it talks about giving That isn’t what this is about. This is Let’s look at the IG’s report from local school systems options, perform- about giving a blank check—a block March 2000. It reviewed State edu- ance agreements. It talks about more grant—to the States. Read the legisla- cation agency officials in 15 States. flexibility. It talks about account- tion. The States are the ones that are They received complete responses back ability. It makes it all optional. No- accountable to the Secretary of Edu- from 10 States. Of the 10 States that re- body has to do it. If everybody is real cation at the end of the day, after 5 sponded, 6 States do not permit any comfortable with the status quo, with years. They get the block grant. They combining of funds whatsoever—no the abysmal data we see every other can go out and do whatever they want combining of local, State, or Federal week, they can stay right where they for another 5 years. Then they can funds; that is, 6 of the States prohibit are. I think they will find that the con- come back and say, look, we have had that. stituencies—the public—are going to substantial compliance in what we When we provide flexibility, we say, demand that changes start to occur, originally proposed. Then the Sec- if that decision is going to be made, it which is why so many Governors are in retary is either going to say, no, you has to be done there at the State level. the middle of all of this and why they have not; or yes, you have. The idea Two States, of the 10 States reporting, are asking for flexibility and new op- that the Secretary is going to cut off allow combining of Federal funds only. tions. the States on any program is prepos- One State allows combining of State But even the opportunity to try dif- terous—anyone who thinks that will and local. Only one State out of the 15 ferent concepts is repulsed by the other happen has not been around for any pe- States looked at by the IG of the De- side: No. We can’t do that. We have to riod of time under Democratic or Re- partment of Education permits the set the standard right here. We have to publican administrations. combining of funds at the State, Fed- tell every one of those Governors they But let’s get back to some of the eral, and local levels. are not capable of knowing exactly facts. First of all, if we are going to (Mr. GREGG assumed the chair.) what we should do anyway, so we have provide this money, why allow this Mr. KENNEDY. Mr. President, the to tell them exactly what they need to money to be taken by the States before problem isn’t the Federal Government, the problem is the States. That is the do. the money gets down to the local level? This is a classic debate between those The fact is, various GAO reports indi- contention. Let’s hear the argument who want to go to a new place and cate that school districts received any- from the other side on that during this those who want to stay in the old, be- where from 95 to 100 percent of the fed- debate. You say those are interesting tween the status quo and the new, be- eral funds appropriated. This was true reports, Senator, but is this really the case? All you have to do is take the na- tween those who have confidence in the in 1995, for the title I programs, the bi- tional assessment of title I that was emerging effectiveness of local govern- lingual education programs, the emer- done last year. In 1999, the national as- ments and State governments and gency immigrant education program, sessment of title I says: those who don’t. the safe and drug-free schools program. In the early 1960s, there were a num- Specifically, for the Goals 2000 pro- Among the schools that reported in the ber of critiques written about State 1998 survey that they had been identified as gram, 93 percent of federal funds went governments. You would not recognize in need of improvement, less than half re- to the local level; for the Eisenhower any of them today. I think for us to as- ported that they could receive additional program, 91 percent; for IDEA, 91 per- sert that those folks on the ground, in professional development or technical assist- cent; for the preschool programs, 88 ance as a result of being identified for im- the community, have to be told what provement from the States. to do is uncharacteristic of the Amer- percent. Ninety-five percent to 100 per- Here you have communities that are ican way. cent of federal funds get to the local I think that the substitute which community. That is where it is hap- trying to ask for help, and only half says, no, let’s keep things the way they pening at the present time. are receiving any. States are not re- are—they have bells and whistles in So the other side of the aisle says: sponding to half of those communities. there; but essentially it is a defense of All right. What we need to do is to What is the other side’s answer? Send the status quo; let’s just keep on look- have more flexibility. The Federal Gov- more money to the States. This is the ing at this data; let’s not try anything ernment and its mandates are denying wrong answer. States didn’t care prior different; let’s not give some flexibility local flexibility. to the time we passed the Elementary to these localities and States—ought to Let’s look at the GAO report dated and Secondary Education Act in 1965. be defeated. January 25, 2000: ‘‘Elementary and Sec- They didn’t care about ensuring that I compliment the chairman of the ondary Education, Flexibility Initia- the most disadvantaged children were committee, who is not here at the motives Do Not Address Districts’ Key served. Then we gave them federal ment, and also Senator FRIST of Ten- Concerns About Federal Require- funds from 1965 to 1970 and they still nessee, and all the others on the comments.’’ didn’t take care of disadvantaged chil- mittee who worked so hard to produce Do we hear that? We specifically dren. We have learned that lesson. And the underlying bill we are considering, asked the General Accounting Office to now, we want to give States blank that does move to a new day, that does look into local communities to find out checks. Haven’t we already learned offer flexibility and accountability, if we are effectively restricting them in from the past? States will allocate fed- that does offer new options. I commend their ability to use money effectively eral funds according to what the Gov- them for their work. to enhance local decisions. The GAO ernor wants to look out after, and I hope we will defeat this substitute report, on page 9, says, that what the there are no guarantees that it’ll be and move on ultimately to passage of local communities want, No. 1, are re- targeted to the poorest or most dis- the underlying bill. sources, funding. No. 2, they want to advantaged children—the States aren’t Mr. President, I yield the floor. have management technology and using their own dollars to do this now. The PRESIDING OFFICER. The Sen- techniques and training for the local If Members on the other side could ator from Massachusetts. schools. And third, they want informa- say: Senator KENNEDY, let me show you Mr. KENNEDY. Mr. President, I will tion about what is working in other where we have 25, 35 States pinpointing take a few moments to respond to communities. as a matter of State priority in edu- these general comments that have been That isn’t only the Democrats speak- cation what they are trying to do for made over the period of the past few ing. That is what the General Account- the neediest kids and they are showing days by those who are opposed to our ing Office reported. Local school dis- results, saying give us more help, they proposal in terms of education reform. tricts have enough flexibility at the would have a strong argument. They The proposed bill basically gives a present time. can’t do it. They don’t answer that. block grant, a blank check, to the Gov- What does the other side say? They You won’t hear that. You will hear all ernors to make these decisions. say: We do not want to do business as the cliches such as, ‘‘What has hap- It is always interesting to me to hear usual. We just want to send the money pened in the past isn’t working,’’ and my friends on the other side of the out there. ‘‘They want more of the status quo.’’ aisle when they say: We are interested It is interesting when we look at Now, in contrast, let’s look at what I in local control, local decisionmaking. what the situation is at the local level. have said is happening out there.

VerDate 27-APR-2000 01:28 May 04, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.064 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3299 Needy children are the responsibility of sional development and mentoring. In program as matter of local control the States. In 1986, the National Gov- States, they could use most of the makes no sense. ernors report said, ‘‘It’s Time For Re- funds for a large variety of purposes Our amendment contains tough and sults.’’ The task force urged Governors that dilute the focus and attention on high standards of accountability. Our to intervene in low-performing States improving the recruitment and men- amendment says if you do not make and school districts and take over toring and professional development of progress in student achievement, which closed-down, academically bankrupt teachers. is the bottom line, with better teachers school districts. Let’s see what hap- The question is, Does the underlying after 3 years, you cannot continue to pened. bill guarantee substantial funds for receive funding for this program. In 1987, 9 States were authorized to professional development? No. All the There it is. We are prepared to say take over—9 States out of the 50. In underlying bill says is there will be ‘‘a this is the challenge and this the way 1990, the NGA report on educating portion of the funds’’; it doesn’t say we ought to go and this is the way it America outlined strategies for achiev- how much will be there. Our amend- ought to be tried and tested. ing the national education goals. The ment guarantees professional develop- We are effectively guaranteeing par- task force, cochaired by Governors ment. The underlying bill doesn’t guar- ents in this country good, fully quali- Clinton and Campbell, recommended antee funds for mentoring programs. It fied teachers. The other side can’t say States provide rewards, sanctions, just allows the use of funds for those that because their program doesn’t jus- linked to school academic perform- programs. Our amendment absolutely tify that. ance, including assistance and support guarantees mentoring. In addition, I want to look at the ex- for low-performing schools. Take over Thirdly, the underlying bill does not isting programs and the proposal that if those do not improve. guarantee funds for recruitment pro- is before us. This is what I consider the In 1990, eighteen States offered tech- grams. It just allows the use of funds ‘‘education report card.’’ nical assistance or intervened in the for recruitment programs. Ours guar- They certainly get the F in terms of management of low-performing antees a recruitment program and qualified teachers for the reasons that schools. In 1998, NGA policy supported gives priority for that. Their bill does I have outlined. the State focus on schools. In 1999, 19 not guarantee that teachers are We are talking about secure and gun- States complied. It will take another 50 trained to address the needs of children free schools and trying to make them years to get all the States to take care with disabilities or other students with safe. of poor children. Now the Republicans We are talking about safe schools. special needs. It just allows the use of We are talking about small and or- want to send all that money out there, funds for such training. derly class sizes. with virtually no accountability, vir- Our amendment guarantees that We are talking about afterschool pro- tually none. Five years, and then un- teachers will learn how to teach these grams. less the Secretary of Education can children. Their bill does not hold We are talking about strong parental demonstrate that they haven’t sub- States accountable for having a quali- involvement. stantially complied with it, States can fied teacher in every classroom. It And, we are talking about, most of get another chance at it for five more doesn’t even require teachers to be cer- all, accountability for better results. years. tified. If you look carefully at the Re- This is the heart and soul of what we That is what this is all about. Are we publican program, it does not really believe is necessary in order to enhance going to just send the money out to the guarantee much. In contrast, we clear- and strengthen the quality of edu- States, or are we going to have some ly spell out what our bill accomplishes. cation for children in this country. real accountability? Now, let me take Their bill does not require a substan- These are the various areas of policy one area and present our side’s alter- tial priority for math and science that we have to take action on. The ex- native. training. isting bill grade is an F. In regard to teacher quality, we If you go and talk to any school- We have a program that we are pre- maintain in our alternative that there teacher, any school superintendent, pared to debate and discuss, and to be are new, important, tried and tested, anyone that is involved in educating challenged on. I hope we are going to and demonstrably effective policies needy children in this country, and you escape the cliches and the slogans in that can enhance academic achieve- ask them is: Do you have enough good this debate. We have heard the cliches. ment. As we have pointed out, these math and science teachers? They will We have heard the slogans. We are pre- policies are: smaller class size, after- say that one of their top priorities is pared to deal with the real policy school programs, teacher quality, ac- getting good math and science teachers issues and the real policy questions be- countability, technology provisions, in high-poverty areas. cause we believe this is a way that we and others. These are virtually new. Everyone says that. can really respond to children’s needs. The other side may say that ‘‘they just I can give the various reports of what We need a guarantee. We don’t need a want to do business as usual,’’ but we matters most in teaching for America’s blank check. We want to make sure the didn’t have technology 10 years ago or future. The report of the National money is going to get to where it is 30 years ago. We didn’t have the docu- Commission on Teaching on America’s needed and not go to the Governors’ mentation of the importance of small future was made up of Republicans and pet programs and pet projects in local class sizes. Democrats alike. One of their key find- communities in their States. That is We assumed that all States were fo- ings was that if you are going to do what has been happening. That con- cused on ensuring that all classrooms anything about teaching, make sure tinues today. were going to have certified teachers. you do something about math and You don’t have to get a lot of reports That hasn’t been the case. We stand on science—there is no mention of a Re- to see what happens when we give Gov- this side of the aisle to guarantee a publican block grant program. ernors a blank check. What happened well-trained and fully qualified teacher Finally, their bill does not require has been demonstrated in the tobacco in every classroom in America after 4 accountability. Instead, it promotes in- bill. We sent money back to the States years of the date of enactment of this effective professional development ac- with the idea that money was going to Act. That is our side. tivities through Teacher Opportunity be used for children in terms of smok- Let’s hear what the other side has. Payment Programs, what they call ing and children’s health. We are find- First of all, on the issue of teacher TOPS. TOPS supports individually se- ing out that it is instead being used to training, recruitment and empower- lected strategies that aren’t nec- build sidewalks, and cut taxes. ment, they have the Republican Teach- essarily proven effective practices. Ef- We need to take responsibility for er Empowerment Act, which gives so fectively, it says that if you are a helping our neediest children with our much flexibility, States really don’t teacher and you want professional de- scarce federal resources. The demo- have to do anything to change their velopment, you can go out and find any cratic alternative allows us to make a current practices. They can continue program, anywhere, and it will be paid difference for children in this country. hiring uncertified teachers, continue to for. Having the Federal Government re- Finally, I want to mention what has provide low-quality, ineffective profes- imburse for this untested and untried been happening in recent times. I

VerDate 27-APR-2000 01:28 May 04, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.066 pfrm09 PsN: S03PT1 S3300 CONGRESSIONAL RECORD — SENATE May 3, 2000 with great interest, my friend from regarding State practices and policies why we have a program for homeless Georgia talk about all the challenges for homeless students to the chief children. I think this legislation, S. 2, we are facing. We understand that State school offices in the 50 States rather than representing a great step every child who goes to school in and Washington, DC, and received 23 forward, and change, is a great leap America today is facing additional responses. The majority of the respond- backwards. complexities and problems than they ents had no statewide data on the num- Mr. COVERDELL. Mr. President, will were facing 2 or 3 years ago or 5 years ber of homeless children within their the Senator yield with regard to a ago. It is very challenging for a variety jurisdiction or whether the children unanimous consent about everybody’s of different reasons that we can talk were able to go to school. The majority time? about. But the fact is that there has of States had no plan for ensuring that Mr. WELLSTONE. That will be fine. been some progress made. Primarily it homeless students received an edu- Mr. COVERDELL. The Senator from has been made since 1994. cation. Arkansas has to go to a markup in Let me mention the National Asso- That was prior to the McKinney Act, about 15 minutes. His remarks will ciation of Educational Progress. Their prior to the time of identifying home- take 10 minutes. reports show that there have been sig- less children, migrant children, and Mr. WELLSTONE. Mr. President, I nificant increases in math scores in the immigrant children. ask unanimous consent the Senator fourth through eighth grades, and read- Now our friends on the other side are from Arkansas be able to proceed right ing and math performance among 9- saying we don’t have to deal with those now. I will be pleased to follow the year-olds in high-poverty public populations anymore, the Governors Senator from Arkansas. I think I schools. Among the lowest achieving, will know best. might get done, but I will defer to my the fourth graders have improved sig- They didn’t up until 1987. They don’t colleague, not because I think he is nificantly. The achievement gap be- today, without these kinds of program. right but because I think he is a good tween blacks and Hispanics and white We are going to be back here, if their Senator. Mr. COVERDELL. I appreciate very students has narrowed since 1982. The program is passed, mourning the day much the comity extended by the Sen- greatest gains in science were made by that we have essentially abdicated our black and Hispanic students. Average ator from Minnesota. responsibility to those children in our Mr. HUTCHINSON. Mr. President, I SAT scores in math and verbal were country. higher in 1999 than the average for 1983 thank my good friend from Minnesota, I yield the floor. for his gracious comity, his willingness or 1989. The PRESIDING OFFICER. The Sen- to afford me this opportunity on the These improvements came at the ator from Minnesota. very limited schedule. We are all fight- same time that the proportion of test Mr. WELLSTONE. I ask unanimous ing the schedule. I appreciate that very takers with native languages other consent, after my presentation, Sen- much. than English have been increasing. ator HUTCHINSON follow me. We will ro- The dropout rates are lower today I thank Senator COVERDELL for his tate. Senator DODD could not stay. He continued management of this legisla- than in the 1970s and 1980s, and particu- will be allowed to follow Senator larly lower for black youth. tion. HUTCHINSON. I have spoken several times on the In 1972, 21 percent of black youth The PRESIDING OFFICER. Without dropped out of school. Educational Opportunities Act, the leg- objection, it is so ordered. islation that the HELP Committee on In 1979, the rate was 13 percent. The Mr. WELLSTONE. Mr. President, I dropout rate for Hispanics fell from 34 which I serve and Senator WELLSTONE have had a chance to come to the floor serves has brought to the floor of the percent to 25 percent during that same the last couple of days. My colleague period, and from 12 percent to 8 percent Senate. I will take a few moments to from Arkansas has been on the floor, as respond to the substitute proposal that for whites. well. We will go back and forth in this In 1997, 89 percent of persons age 16 to has been offered by the Democrats discussion. I support some of what my 24 completed high school or attained a under the leadership of Senator KEN- colleague, Senator KENNEDY, had to GED. NEDY. The number of students taking ad- say about the differences between the Senator KENNEDY stressed that what vanced courses has increased, espe- Democrat proposal now on the floor he is offering is a break from the status cially those taking advanced place- and the Republican proposal. The dif- quo. He is trying to distance himself ment courses. ferences between our alternative pro- from this inevitable and unavoidable No one is saying that we have this posal and the Republican bill make a label that has been attached to the challenge solved. We are not saying huge difference. Democratic approach which is, in fact, that. But what we are saying is, we re- I have loved being a Senator. It is the defense of the status quo. While ject the statement made that our alter- quite an honor. I don’t think I will ever you can run from the label of status native is merely the status quo. feel otherwise. I only mean this in the quo and try to say no, this is not the The programs we are talking about spirit of a twinkle in my eye. Honest to status quo, you cannot run from your are dramatically different. They are in- goodness, Washington, DC, and this own words. It was Senator KENNEDY novative. They are responsive. They Congress is the only place I have ever who said we have to stick with the have a solid record of achievement. We been where people say: Let’s hear from tried and the tested. That is clearly an are making some progress. the grass roots, the Governors are here. identification and defense of the exist- With this substitute, we believe we Governors are not what I know to be ing model, the existing strategy, the will be able to come back in 5 or 6 grass roots. There could be good Gov- existing approach we have used in this years and say we have made gains and ernors, bad Governors, average Gov- country for the last 35 years and one that we made the right investment for ernors, but my colleagues have a bit of that has brought us to the current situ- the neediest children in America. tunnel vision thinking of Governors as ation in American education and a sit- Finally, I want to put in a word for grass roots. Grass roots is community, uation that no one can, with a straight those children who are going to be neighborhood, school district level. face, truly defend. wiped out under the Republican pro- This is a tough point, but it is a point It is the status quo in the alter- gram—the migrant children, the immi- that needs to be made. There is a rea- native, the option that has been of- grant children, and homeless children. son, going back over 30 years, that we fered. It speaks on behalf of the Wash- I read in the RECORD the other day as a Congress representing the Federal ington-based establishment. It throws the report that was given in 1987 when Government, representing the United more money at a broken system rather we were considering the McKinney Act. States of America, have made it clear than focusing upon children. The strat- We asked States how many homeless we don’t just do block granting with- egy is to claim the underlying bill is a children were being educated in their out some major accountability when it blank check. It seems pretty clear this respective State. We had virtually no comes to the question of whether or strategy is going to bounce. response to that particular question. not we are going to invest in poor chil- This substitute amendment before us In March of 1987, the Center for Law dren in America. That is why we have again presents more of the same pro- and Education sent the questionnaire a migrant children program. That is grams that have been around for 35

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.069 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3301 years, a plethora of new programs to perwork burden that Federal programs In August, 1998, the Senate HELP try to solve some nationally recognized impose on her State: Committee—at that time it was the problems, loads of new bureaucracy Their end (meaning the grant application Senate Labor and Human Resources and paperwork for teachers and prin- sent by the Federal Government) may be five Committee—passed and sent to the cipals. Of the more than 60 programs pages— floor the Workforce Investment Act—a that are in the substitute amend- That is Washington’s end— bipartisan job training bill. Like our ment—60 programs in the substitute but ours certainly isn’t. We have to send in existing education system, the nation’s amendment—there is no emphasis upon a hideous amount of justification. Plus they job training programs were top-down, rewarding States and school districts ask for ‘‘assurances’’ that we will align our Washington-controlled and funded pro- that do well. There is no emphasis state laws, policies, procedures, (thoughts, grams infested with bureaucratic red- actions, desires . . . ) to the federal program. upon sanctioning or punishing those Home loan applications also start out as one tape. The WIA gutted the longstanding that do poorly. to two pages . . . by the time you are done 1982 Job Training and Partnership Act, The bottom line is that is more of with justifications, you have killed a forest. JTPA, and handed over years of feder- the same. That is more of the same ap- Same with federal applications. ally controlled, prescriptive require- proach we have had where, if you fill That is the point. So Senator HARKIN ments to the states and localities. The out the forms correctly and you receive may hold up a four-page application. States were given the green light by us the funding and you spend it in the way This is the 110-page end result of what to create their own plans to administer that is prescribed by Washington, that the States have to do. This is the 1999 their own job training—teaching people is the end of so-called accountability. IASA Program Data Checklist. There the skills they need to make a living That is a defense of the old way. We are is, in fact, 110 pages in the application. right on the local level. suggesting the real accountability is in That is much more typical of what I did not hear folks make the claims whether kids are learning, whether the ends up having to come back to Wash- that this was a ‘‘blank check’’ 2 years performance gap between the advan- ington. ago. Where were they then? How can taged and disadvantaged is narrowing. In her home State of Arizona, 45 per- we have a bipartisan bill that over- The emphasis in this substitute is on cent of the staff of her State education whelmingly passed the Senate and the status quo. I will quote in just a department is responsible for man- handed the bulk of discretion over to moment from an April 13 editorial that aging Federal programs that account States and local boards for teaching appeared in the Wall Street Journal re- for 6 percent of the State’s education people job skills, but we cannot even garding AL GORE’s education agenda program. As I pointed out the other think of doing the same for education. because I think it is reflected in this day, in Florida, it takes six times as I will tell you why. It is because the substitute. many people to administer Federal Washington establishment for job So what’s left in the Gore teaching plan? education dollars as State dollars—six training does not have Congress in a Hire more teachers. Smaller class sizes (hire times as many. So something is wrong. head-lock like the education establish- more teachers). Pay more teachers more. What the substitute before us would ment does. That is why. Sounds like a textbook definition of more of do is create more programs, more pa- Theold adage, ‘‘you can’t teach an the same . . . One of Democratic liberalism’s perwork, and reinforce more of the old dog new tricks’’ sure has meaning underlying, decades-old premises of using highly controlled federal funds is that Wash- same without any of the focus upon when the Washington establishment ington’s moral intentions always trump children’s academic performance and weighs in. Sure enough, creativity and those of the untrustworthy states. After 40 narrowing the gap that is the focus of innovative means to education get years this theory is fairly shopworn, but the the underlying bill. chucked out the window. I will not core of the Democratic Party will never let I know most Members of the Senate allow such unfounded charges that go of it. want to do what is right for children. I mischaracterize the underlying bill to This substitute is clinging to the ask them to consider where the focus go unchallenged. shopworn formula of the last 35 years. really is in this substitute. If every There can be a legitimate debate, and The idea that Washington’s moral in- school district in Arkansas—there are should be, but my constituents over- tentions trump those of the over 300 of them—applied for this one whelmingly believe local control and untrustworthy States is being rejected grant, the result would be over 30,000 local flexibility is a better course for on this floor and rejected in this coun- pages of paperwork for those 300 school American education. try. Democrats keep mentioning that districts, for just one grant. I am very pleased with the under- we need to continue our current com- I know of two teachers in my home lying legislation with which the Pre- mitments. This amendment not only State of Arkansas who had to take 1 siding Officer had so much to do in the will continue to support the status week out of the classroom to apply for drafting, and Chairman JEFFORDS quo, it will continue to add on to the a Federal grant. It is not easy for many showed such leadership in the com- piles of programs created at the Fed- small districts in Arkansas to find a mittee. It is a bill on which we can eral level and the piles of paperwork person knowledgeable in the intrica- stand with pride. I do not want to trade that we require school districts to fill cies of the Federal grant process to lo- in or exchange the future for the past. out. That is not the way to help stu- cate funding that originally came out That is what this debate is coming dents. of their own pocketbooks, and there down to. Yesterday, Senator HARKIN, very dra- are no requirements in the substitute The substitute that is being offered is matically—I was watching it—held up amendment for improvements in stu- a return to the past. The underlying a four-page application for class size dent achievement—no requirements. bill takes us in a new direction and pio- reduction funds. He emphasized the Instead, they are funding systems, not neers new opportunities for American point that all of this stuff about paper- students, as we have done for 35 years. children. The vote on this substitute work from Washington was blown out If we are to change the course of edu- will be: Do my colleagues want to turn of proportion, there was nothing all cation in this country, it is time to re- back to the past or do they want to go that burdensome, nothing that onerous alize that funding must support each a new route or new direction for Amer- being placed upon local school adminis- and every child, not each and every ican education—a plethora of new pro- trators because it was only a four-page program. grams or a new way? That is the ques- grant application on the class size re- Senator DASCHLE charged that the tion before us. duction from one of his districts there underlying bill would replace federal I look forward, as we continue this in Iowa. targeting of funds and hand it over to debate, for the Senate, following the That might have been what was in the states to set their own performance lead of the American people, to say the original application. But com- criteria. I think this ‘‘blank check’’ enough is enough; let’s chart a new plying with Federal requirements usu- strategy breeds contradiction. I am re- path; let’s put trust in those labora- ally imposes a much larger burden. minded of past bills that are now law tories of democracy in the States that Lisa Graham Keegan, Superintendent where we voted to do just what the un- have done such a marvelous job on wel- of Public Instruction for the State of derlying bill requires. Let me give an fare; let’s give them the same opportu- Arizona, recently talked about the pa- example. nities in education. We will look back,

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.072 pfrm09 PsN: S03PT1 S3302 CONGRESSIONAL RECORD — SENATE May 3, 2000 as we look back on welfare, in a few has happened to these kids, and then We know this. There has been a dra- years and say we did right by the the Secretary determines, on the basis matic decline in food stamp participa- American people and, more impor- of the data, whether or not the State tion. tantly, the children of this country. has made ‘‘substantial progress,’’ We know this. The child care situa- I again thank Senator WELLSTONE for which is not defined. This is hardly tion is dangerous. Many of these 2- his willingness to allow me to precede what I call a very rigorous account- year-olds and 3-year-olds, with their him. I yield the floor. ability standard. single parent working, are at home The PRESIDING OFFICER. The Sen- My colleague from Arkansas talked with someone who really should not be ator from Minnesota. about the Workforce Investment Act. I taking care of them or there are inad- Mr. WELLSTONE. Mr. President, it wrote that bill with Senator DEWINE. I equate or downright dangerous child is amazing, I say with a twinkle in my know something about that bill. Actu- care situations. eye. I actually agree with my colleague ally, it is a good example, but my col- We know all that. Can someone from Arkansas on one thing: This real- league from Arkansas has made the please give me the evidence for this ly is a debate about the future and the mistake of assuming this was just a being a great success? past. I just think he has it mixed up as crude block grant program. That is not We also know the Governors in the to which bill represents which. what we passed. It was a good com- States are sitting on top of $7 billion of I am looking at the people who are promise. Yes, we were able to go after TANF money, while the child care opposed to S. 2. I see the American As- some of the duplication and some of needs of these children—poor chil- sociation of School Administrators, the bureaucracy. We also made sure dren—are not being met. American Federation of Teachers, there was a targeting and separate I have colleagues out here who are Antidefamation League, Council of stream of funding for youth programs, telling me that on the basis of what we Great Cities Schools, Leadership Con- for adult training programs, for dis- don’t know—and then on the basis of ference on Civil Rights, Mexican Amer- located worker programs, and I also what we do know, which is that it has ican Legal Defense Fund, National Al- think for veterans’ programs. been really quite brutal what has been liance of Black School Educators, Na- When my colleague cites the Work- happening—we should use the TANF tional Asian Pacific American Legal force Investment Act as an example of experience as the basis for moving to- what we should be doing, it is precisely Consortium, National Association for ward this crude block grant approach. the opposite of what the majority the Advancement of Colored People It does not make a lot of sense. party has presented. I will say it one Legal Defense Fund, National Associa- As a matter of fact, some of our Gov- more time, and then I will move on to tion of Elementary School Principals, ernors have actually used the TANF a couple of other points in the positive. National Association of Secondary money with a little bit of a budget I first have to talk about what I am School Principals, National Parent gimmickry for tax cuts. Some of the against, and then I have to talk about Teachers Association, National School States are being called on the carpet. what I am for. Board Association. Would it surprise anybody here that I am, as a Senator from the State of not all this money is going to poor What occurs to me—and I will try to Minnesota, in agreement with the prin- say it differently than I said yester- women and poor children? That is the cipals, school board members, the point, colleagues. Please do not bring day—is what we have is not bureau- teachers, and the parents all across the cratic or some top-down Government that piece of legislation out here and country who oppose this legislation, S. say it is a brilliant success and that program, we have school board mem- 2, in part because it is an abandonment bers; we have the PTA, parents, ele- people are working and happy when of the good commitment we made as a there is no empirical evidence to sup- mentary school principals; we have nation to our most vulnerable children. port that at all. high school principals; we have teach- That, in and of itself, invites my oppo- ers. So my first point is, it is a great leap sition, and I believe it invites the oppo- backwards. One can argue that all these organi- sition of most of the people in the zations do not represent all of the prin- My second point is, the account- country. ability provision of the Republican cipals, all of the teachers, all of the Secondly, when I look at the ac- plan is pathetic. school board members, and all of the countability language in S. 2, with all My third point is, when we talk parents in the country, but, with all due respect, it is inadequate at best. about block granting and patterning it due respect, they represent many of Frankly, there is nothing there. them. The reason my colleagues do not Now, my colleague is not on the floor after the welfare bill, the TANF experience, there is not a shred of evidence to have any such support from the par- now. Senator BROWNBACK is someone I ents, the teachers, the school board am working together with on a good support that. Whatever evidence we members, and the principals at the bill that is going to be dealing with the have would make us very weary of local level is because S. 2 is not con- trafficking of women and children for doing so, especially if we are concerned nected to what it is people are asking the purposes of forcing women and about how poor and vulnerable children us to do. children into prostitution and forced might fare. I will again talk about what my col- labor. It is an outrage. We are working My fourth point is, the Workforce In- league from Arkansas was talking together. But my colleague and other vestment Act is a great example of a about, which is past versus future. This colleagues have said S. 2 is patterned bipartisan approach. I was proud to is what they have for accountability. after the welfare bill. He said: It has write that bill with Senator DEWINE. This is the sum total of the Repub- been a brilliant success, with the moth- Why didn’t we get an elementary and licans’ accountability provision: ers working. And they are happy. Peo- secondary education piece of legislation out here which was bipartisan? We The Secretary shall renew the agreement ple are working and happy. for an additional 5-year term if, at the end of For 2 years I have been trying to get would not have to have any of this de- the 5-year term described in subsection (a), a policy evaluation of what in fact is bate. or soon after the term is practicable, the happening with the welfare bill. We do Certainly, with the Workforce Invest- State submits the data required under the not know. ment Act, we did not abandon the idea agreement and (2) the Secretary determines We know this. We have reduced the that when it comes to certain groups of on the basis of the data that the State has rolls by 50 percent. citizens, we make a commitment, and made substantial progress— We know this. We have barely re- we do not just go straight to a block Whatever in the world that is. duced the poverty. grant with no standards, no account- We turn back the clock 35 years. We We know this. The vast majority of ability, and no national priorities. abandon our commitment to poor chil- these mothers who are working have What will work is our alternative. dren, to vulnerable children. We no jobs barely above the minimum wage. My colleague from Arkansas took off longer have the specific commitment We know this. Mr. President, 670,000 after the Senator from Massachu- to migrant children and homeless chil- more American citizens, many of them setts—in a civil way; it is just a good dren. Then the accountability provi- women and children, no longer have debate—and said: Clearly, the Senator sion is we wait for 5 years to see what any medical coverage. from Massachusetts, Mr. KENNEDY, is

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.074 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3303 for the status quo because he says we Vermont—we have to have some honest than all the gold in Fort Knox. We can should focus on what works. policy evaluation of what, in fact, is do better. We can do much better for Honest to goodness, this is getting happening because pretty soon we are our children, and our alternative does pretty nutty. That is what we should going to be pushing everybody off the better for our children. do. If we know that good teachers cliff. By the year 2002 there isn’t going I yield the floor. make for good education, we had bet- to be any of this welfare assistance to The PRESIDING OFFICER. Under ter, I say to Senator KENNEDY, focus on any families. Let’s know what is going the previous order, Senator DODD is to what works. If we know that smaller on. be recognized at this time. class sizes make a real difference, we I will have an amendment that deals Mr. FEINGOLD. Mr. President, Sen- had better focus on what works. If we with counselors—if it is not 100,000, ator DODD is not present. I ask unani- know that investing in crumbling then 50,000 more counselors—in the mous consent that I be recognized at schools makes a difference in terms of country. I tell you that we can do a this time. building the morale of our children, we much better job. The ratio is about 1 The PRESIDING OFFICER. Is there had better invest in what works. If we counselor per 1,000 students. That does objection? Without objection, it is so ordered. know that programs such as the Eisen- not work. We can do a much better job Mr. FEINGOLD. Mr. President, fol- hower program for math and science, of having an infrastructure of good lowing Senator WELLSTONE’s excellent and other professional development counselors in our country that can remarks on education, I want to speak programs, lead to good teachers and make a real difference for kids, espe- on the bill before us. I rise to add my good teaching, then we had better be cially kids who are at risk, especially thoughts to this important debate investing our resources in this area. kids who are struggling with mental about the future of the Federal role in Are my colleagues suggesting that health problems. It is terribly impor- the education of America’s children. actually we should invest in what we tant. The Elementary and Secondary Edu- don’t know? Are they saying our prior- I will have an amendment that pro- cation Act has shaped the Federal role ities should reflect what we don’t vides some support services for kids in public elementary and secondary know? Are they saying that because we who witness violence in their homes. If education for 35 years. Yesterday, we have an alternative out here which fo- my wife Sheila were out here on the began the debate on a new 5-year reau- cuses on teacher quality, professional floor, she would say: PAUL, repeat the thorization of this vital set of pro- development, a teacher corps to get statistic again that every 13 seconds a grams. This debate will also set the more teachers in low-income school woman is battered in her home. Home tone for the Federal role in education districts and low-income schools, class should be a safe place. These children for the next 5 years and beyond. size reduction—I am sorry, I forgot pa- see it. They come to school. They have The legislation that this Congress rental involvement and investing in di- not slept through the night. They are passes this year will affect today’s first lapidated schools, with some school depressed. They act out. They are real- graders well into their middle school construction money—all of which are ly struggling. years, and will carry today’s eighth priorities that the people in our States I say to some of the pages, you can graders through to their high school ask us to please focus on, all of which imagine what it would be like. I pray it commencements. are programs that have a proven record never happens to you. We need to get We hold the future in our hands, Mr. and work, all of which is the direction some support services to those stu- President. It is our responsibility to in which our constituents tell us they dents. find the right balance between local want us to go, all of which is about I have several amendments that deal control and Federal targeting and ac- good education for children in our with the dicey and tricky question countability guidelines for the federal country—that we represent the status about whether or not we are just going dollars that are so crucial to local quo? If so, I want to be called the ‘‘Sta- to have standardized tests that hold school districts throughout the United tus Quo Senator.’’ kids back, as young as age 8, or wheth- States. But I will tell you something. If this er or not we are going to: A, make sure Ninety percent of American children is just a cute semantics debate, I would these children have the same opportu- attend public schools. During the 1998– rather be on the side of programs that nities to succeed and pass these tests; 1999 school year, the most recent year work, I would rather be on the side of B, to take into account learning dis- for which statistics are available, more good policy, good public policy, than abilities or limited English proficiency than 879,000 young people in my home on the side of turning the clock back before we start flunking 8-year-olds in State of Wisconsin were enrolled in 35, 40 years to some crude block grant the country; and, C, whether or not we public education, from pre-school program where all of a sudden we aban- are going to take into account the fact through grade twelve. I am a graduate don some key national commitments that everybody who works in this field of the Wisconsin public schools, and to the most vulnerable citizens and says it is an abuse to rely just on one my children have also attended them. where we are, frankly, unwilling to single standardized test. Mr. President, just a few short years make the investment in the very deci- Then finally, also, I am going to have ago the members of the other body con- sive priorities and programs that work an amendment that deals with urban sidered eliminating the federal Depart- and really make a positive difference education, Ed-plus, which is the coun- ment of Education all together. Some in children’s lives. That, to me, col- terpart to the rural education initia- tried to evoke the specter of a federal leagues, is what this debate is all tive, all of which I am for. But we want takeover of one of the basic respon- about. to make sure—this is what the Demo- sibilities of local governments—the Because my colleague from Wis- cratic alternative includes in it—this education of our children. But those consin is out here, I will just take a recognizes the challenge facing urban voices have faded in recent years as the couple more minutes. schools and enables the urban schools Department of Education, under the On the parental involvement, I have to build on some of these programs dedicated leadership of Secretary Rich- worked on this. We have been doing with more resources. We need to do ard Riley, has regained the confidence some preliminary discussion. One of that. of the American people and dispelled the things I have worked on is ways in Mr. President, I conclude with what I the charge that it was out to usurp the which we can creatively use some of think, frankly, is the strongest part of authority of the local school districts the nongovernmental organizations, my presentation. This is the account- and the states. community groups that have credi- ability provision of S. 2. Wait 5 years I am deeply concerned by the per- bility with parents, to get them more and then the Secretary determines, on sistent calls by some in Congress and involved. I am excited about that. the basis of the data, that the State elsewhere for a drastically limited fed- As long as we talk about welfare, I has made substantial progress. Sub- eral involvement in our children’s edu- promise my colleagues, if this bill is stantial progress is not even defined. cation. While I strongly support main- out here for a while, I will have this We do a lot better. taining local control over decisions af- policy evaluation. I am telling you—I Mr. President, the cargo in those yel- fecting our children’s day-to-day class- say this to Senator JEFFORDS from low school buses is much more precious room experiences, I am concerned

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.077 pfrm09 PsN: S03PT1 S3304 CONGRESSIONAL RECORD — SENATE May 3, 2000 about the lack of appropriated tar- grams. Education technology. School As I noted earlier, one of the things geting of funds and accountability for choice. School reform.—These concepts that my constituents have repeatedly results in the bill that is currently be- are at the heart of this debate. The told me is that the targeting mecha- fore the Senate. question lies in how these terms are de- nisms that ensure that vital federal Mr. President, the legislation before fined. I sincerely hope that the mem- dollars reach those students who need us today has generated vigorous debate bers of this body will be able to leave them most are a crucial part of any in my home state of Wisconsin. I have behind the partisan rancor that unfor- ESEA reauthorization. Time and time heard from parents, teachers, school tunately pervaded the Health, Edu- again, my constituents have expressed board members, school administrators, cation, Labor, and Pensions Commit- opposition to any effort to block grant school counselors and social workers, tee’s consideration of this bill and title I and other programs under ESEA. state officials, and other interested ob- come together to do what is best for all Title I pays for supplementary edu- servers. And there is one central theme of our Nation’s children. cational services for economically dis- in their comments: The United States I would like to take this opportunity advantaged students, and those funds Congress must not undermine the tar- to discuss some of my own priorities— are targeted to the schools with the geting and accountability measures and those of my constituents—for this highest concentrations of eligible stu- that currently exist at the Federal important piece of legislation: class dents. During the current school year, level. These provisions are paramount size, targeting, professional develop- local school districts in my home State to ensuring that no students are left ment, music and the arts, and the im- of Wisconsin will receive more than behind and that all schools perform up pact of this bill on preparation for $125 million in title I funding. Accord- to the standards set by the states and post-secondary education and entrance ing to the Department of Education, by local school districts. into the job market. ninety-five percent of the nation’s I have also heard from a number of I regret that this bill as reported by highest-poverty schools receive this my constituents that this Congress the HELP Committee does not contain vital title I funding. should do nothing that would under- the authorization for the funds nec- I am deeply concerned about the so- mine all the good that the federal gov- essary to implement the third year of called ‘‘portability’’ provisions in this ernment’s support has helped the the President’s initiative to reduce bill, which would allow ten states and states and local school districts class size in the earliest grades. And I twenty local education agencies in achieve in public education over the particularly regret that this common- other states to distribute their Title I last several years, in areas including sense proposal was defeated in com- money on a per-pupil basis rather than smaller class sizes, technology edu- mittee on a straight party-line vote. to the schools with the greatest need. My home State of Wisconsin is a cation, standards-based reform, and ac- This funding formula would allow par- leader in the effort to reduce class size countability for results. ents to choose to use their child’s share in kindergarten through third grade. The education community in my of these ‘‘portable grants’’ for supple- The Student Achievement Guarantee state is also deeply concerned—and I mentary services at their public school in Education program is a statewide ef- share this concern—about provisions in or for private tutoring services, which fort to reduce class size in kinder- this legislation that would shift scarce could be provided by private or reli- garten through third grade to 15 stu- Federal dollars away from the public gious schools. dents. schools they are intended to support. The SAGE program began during the This formula will all but ensure that I fear that this disturbing trend to- 1996–1997 school year with 30 partici- those schools with the highest con- ward block granting and vouchers will pating schools in 21 school districts. centration of poor children in the ten further widen the educational divide in Now in the program’s fourth year, states and twenty districts using the which too many of our students are there are 78 participating schools in 46 portable grants will no longer be able caught. We need to focus our scarce re- school districts. to count on this crucial Title I support. sources on rebuilding and reforming According to the recently-released And this provision also raises serious our public schools, not on tearing them program evaluation for the 1998–1999 constitutional questions about the use down. school year, conducted by the SAGE of public funds for tutoring provided by I worry that this block grant and Evaluation Team at the University of non-public sources. voucher-driven weeding-out process Wisconsin—Milwaukee: In addition, there is no clear way to will leave behind the most vulnerable First grade students in SAGE class- determine accountability for the suc- students—those from low-income fami- rooms statistically outperformed their cess of those children whose parents lies, those with special needs, those at- peers in comparison schools in lan- opt for non-public tutoring services. risk for dropping out, and those with guage arts, math, and total scores on I will support efforts to eliminate the behavioral problems—those very stu- the post-tests administered in May of portability language and ensure that dents that title I was created to help. 1999. And twenty-nine of the thirty top- Title I funding continues to be targeted We cannot and must not abandon our performing classrooms for which two to the schools with the highest con- most at-risk students in dilapidated years of data were available are SAGE centrations of low-income students. schools with outdated textbooks and classrooms. I have also heard a great deal about few resources. We can and must do bet- Case studies conducted at three the importance of federal dollars for ter for all of our children. The answer SAGE schools during the 1998–1999 professional development for teachers, is not to funnel scarce resources away school year found that, ‘‘individualiza- administrators, principals, and school from the public school systems that tion is made possible because having counselors and social workers. We have served this country so well for so fewer students enables teachers to must do everything we can to ensure long. know students better, it reduces the that teachers and other school profes- And those who think vouchers will need for teachers to discipline stu- sionals have access to the resources lead to real school choice are sadly dents, which results in more time for they need to continue their profes- mistaken. Private schools are already instruction, and it increases teacher sional development. We often hear peo- full to capacity and many have exten- enthusiasm for teaching.’’ ple say that we should encourage our sive waiting lists. We cannot simply The case study also found that: ‘‘A children to become ‘‘lifetime learners.’’ shift students from public schools to product of individualization in reduced We must also ensure that those who private schools and think that all of size classes in addition to academic de- educate our children have access to the problems will magically disappear. velopment is student independence, quality professional development pro- Mr. President, we will hear a lot of thinking, and responsibility.’’ grams that enhance their effectiveness terms batted back and forth during The results speak for themselves, Mr. and give them access to the latest this debate.—Accountability. Flexi- President. Smaller classes translate to methods in teaching, administration, bility. Targeting. Parental involve- better instruction and better achieve- and counseling. ment. Class size. Construction and ment. In that same regard, we must ensure maintenance. Teacher quality. Profes- I will support efforts to include this that our children have the opportunity sional development. After-school pro- important program in this bill. to receive a well-rounded education

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.029 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3305 that is both academically challenging Mr. JEFFORDS. Mr. President, I ask cators, as teachers, as principals, and and rich in opportunities to study unanimous consent that the order of superintendents. music and the arts. I am deeply con- recognition be Senator GORTON, fol- This debate also expresses a dif- cerned that many school systems lowed by Senator DODD and Senator ference with respect to our trust and around the country have decided to ASHCROFT, and then Senator HARKIN. confidence in parents to seek the best eliminate, or to severely scale back, The PRESIDING OFFICER. Is there possible education for their children, their arts education programs. Re- objection? and in those men and women who share search has shown that arts education Mrs. MURRAY. Mr. President, may with Members of the Senate the will- can help students to become better we amend that for this side? The order ingness to suffer the slings and arrows learners in all subject areas. on this side would be Senators DODD, of political campaigns often hotly con- The arts given students the oppor- KERRY, SCHUMER, HARKIN, and DORGAN. tested but, in their case, running for tunity to express themselves in ways Mr. JEFFORDS. We are trying to al- membership on school boards across that are distinct from those provided ternate. the United States, most of whom, un- by the academic subjects. Students Mrs. MURRAY. We will alternate, ob- like us, are not compensated or paid learn valuable lessons including co- viously, between the sides. But that for the job they undertake. operation, hard work, dedication, and will be the Democratic speakers. The real difference—and it is a dif- the desire to strive for excellence—les- Mr. JEFFORDS. That is fine. ference—illustrated by the relatively sons that will help them in other areas Mrs. MURRAY. The order on the narrow two amendments before the of their education and in other aspects Democratic side, obviously alternating Senate at the present time, one relat- of their lives. with the Republican side, would be ing to Straight A’s and the Democratic We must do all we can to prevent Senators DODD, KERRY, SCHUMER, HAR- local school systems from having to alternative, is the degree of trust and KIN, and DORGAN. confidence we have in allowing those choose between maintaining the arts as The PRESIDING OFFICER. Is there a vital part of their curriculum or decisions to be made by people who objection? know the names of the children they building a new science lab. Both are Without objection, it is so ordered. teach. important for our students, and one Mr. JEFFORDS. With the under- should not have to be sacrificed to have standing that we will be intersecting in The Senator from Wisconsin has set the other. between with a Republican as an- out in detail his priorities, the clear Finally, Mr. President, we must en- nounced. implication being in every single case sure that high school graduates have The PRESIDING OFFICER. The that if we don’t set these requirements, the skills they need to be successful Chair’s understanding is that the the arts will be overlooked, underprivi- adults, whether they choose to go on to speakers will alternate starting with leged children will be overlooked, teacher training will be overlooked; college, technical school, the military, Senator GORTON in the order listed. or into the job market. The Senator from Washington is rec- that some amorphous blank check I am pleased that the HELP Com- ognized. somehow or another will not be used mittee adopted an amendment offered Mr. GORTON. Mr. President, this has for primary education purposes. by the Senator from New Mexico, Mr. been already a remarkably substantive I find it difficult to understand this BINGAMAN, which authorizes additional debate, with, I think, a clear delinea- kind of difference. After all, the men funding to expand a very successful ex- tion of education philosophies on each and women who are voters in the isting program which increases access side. United States, who voted for us, are to Advanced Placement classes and The nature of the debate and the de- the same voters who vote for these exams. It is extremely important that gree of heat that accompanies it has, I elected school board members who, in we continue to strive to give all stu- think, obscured one overwhelmingly turn, employ the professionals in edu- dents, regardless of their economic sta- important factor; that is, without ex- cation. Why is it they elect Senators tus, access to these challenging aca- ception, the Members on either side of who are sensitive to all of these needs demic courses. the aisle have genuinely desired to im- and school board members who are And it is important that the Congress prove the education system of the not? also help to provide the financial as- United States and desire a Federal par- One of the two subjects before the sistance that so many students need to ticipation that enhances that growth Senate now is Straight A’s. It isn’t the continue their education. For that rea- and that improvement. This, of course, Straight A’s that I started out with, by son, I will continue my efforts, along any stretch of the imagination, either with the Senator from Massachusetts, is a wonderful characteristic of the debate where we are debating means and when I introduced it under that name Mr. KENNEDY, and others, to increase more than a year ago or when its pre- the individual maximum Pell Grant not ends. cursor was voted on in this body some award by $400. As well, I hope, before the debate has 3 years ago. It is, among other things, Mr. President, I wish to again remind concluded next week, or whenever we my colleagues that this bill currently complete it, there will have been a only an experiment limited to 15 of the before us will affect 90 percent of the reaching across the aisle that divides 50 States in the United States of Amer- school-aged children in this country. the two parties on proposals that do ica. But for those 15 States, it says es- While many of them have never even not unite everyone on both sides but at sentially, we trust you. We trust the heard of the Elementary and Sec- least will unite a sufficient number of education authorities in each one of ondary Education Act of 1965, they will Republicans and Democrats so that the these 15 States not only to use the feel the impact of its pending reauthor- last vote we take will be a vote on final money as wisely as we do in our cat- ization in their classrooms beginning passage of an education-related bill egorical aid programs but more wisely. next fall. I welcome this important de- that can take the next step toward However, in spite of the use of the bate. I hope that we can produce a reaching the goals in which all Mem- phrase ‘‘blank check,’’ the check by no truly bipartisan bill that will provide bers join. That is not to underestimate means is blank because in order to the financial assistance that our chil- the differences between us. take advantage of Straight A’s, in dren deserve and the appropriate tar- I found the statement made by the order to be one of these 15 States, the geting and accountability measures Senator from Wisconsin to be particu- State must set up a testing system, an that our states and local school dis- larly eloquent, even as I disagreed with achievement system that measures tricts continue to call for. And I hope almost all of its particulars. If I may how well its students are doing, must we will do this without creating a sys- be permitted to do so, I think I charac- propose and sign a contract that the tem of block grants and back-door terize the difference as being a dif- achievement level will rise as a result vouchers that will leave our most vul- ference which relates primarily to our of their being allowed to use this exper- nerable children behind. degree of trust and confidence in men iment and that they risk losing this I thank the chair. I yield the floor. and women for whom education is both additional authority and trust if they The PRESIDING OFFICER (Mr. a profession and an avocation, men and do not meet the commitments they CRAPO). The Senator from Vermont. women who spend their lives as edu- make in that original contract.

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.030 pfrm09 PsN: S03PT1 S3306 CONGRESSIONAL RECORD — SENATE May 3, 2000 Mr. KERRY. Will the Senator yield phies. My answer to the specifics of the away some of the layers and tiers, let’s for a few questions to explore what the question asked by the Senator from minimize the paperwork. But let’s Senator has just said? Massachusetts is very simple. He, it guarantee we are working together in a Mr. GORTON. For a brief period, yes. seems to me, is examining a beetle more genuine fashion. The fact that we I do want to finish my remarks, but go stuck in amber, a fossil from 35 years have bills on the floor that are, frank- ahead. ago, with five examples out of 17,000 ly, as far apart—this is the first time Mr. KERRY. I thank the Senator, school districts today that he believes in the eight times this bill has been to and I will not be too long. did not use money properly when they the floor that there is as little bipar- We have come here for several years could use it as they desired. tisan effort at this stage as there is in a row with this impasse. The Sen- But we have had 35 years of experi- this year, a time when education is far ator from Washington and I have met ence since then, with increased Federal more important than it has ever been privately trying to have a discussion controls, increased Federal mandates, in the history of the country. about how we could find a meeting of increased numbers of forms to be filled So I ask my colleague if it is not pos- the minds. I certainly don’t question out. And they have not succeeded, in sible, if we somehow cannot find a his desire to have kids in the United title I, in reducing the disparity be- more reasonable middle ground where States educated. tween underprivileged students and the we achieve goals of both sides which Obviously, there is a difference be- common run of students who do not are essentially to provide the best op- tween us, as he has said, in our con- fall into that category. Yet we see the portunities for our kids. fidence in what may occur. As the Sen- proposal on which we will vote later It seems to me, when you are looking at a 5-year period before you, in effect, ator from Washington knows, when this afternoon, that side of the aisle measure what is happening, I am con- title I began back in 1965, for instance, saying the problem is not that we have strained to ask the Senator how that 5- it was a block grant. Indeed, in Mem- too many rules, we have too few, and, year period helps a kid who goes into phis, TN, moneys were used to pay for where we had 100 pages of regulations, that foundational stage of education, swimming pools. In Oxford, MS, mon- we need 200 pages of regulations. eys were used for cheerleading uni- While we can all say we wish for our or even a high school student? You go forms. In Macon County, AL, moneys schools better teachers, more teachers, into freshman year and you are gone were used for football uniforms. In more computers, and a number of other from high school before anybody has Attala County, MS, two lagoons for items, what we see in a proposal of cat- evaluated the program at the Federal sewage disposal were constructed with egorical aid is each school district level to make a judgment whether or title I money. needs so many more teachers, each not the Federal dollar is being well The record of States not choosing to school district needs so many more spent. Surely the accountability mecha- reduce class size or have afterschool teacher training programs, each dis- nism in the Democratic alternative programs or improve teacher quality is trict needs so many more hours of art cannot be that unappealing to those on already there. instruction, for example, rather than the other side who want to give local The question I ask the Senator, If ev- saying within these broad categories administrators power but at the same eryone on his side is so willing to pass each school district ought to be able to time be more responsible for the Fed- this bill with the notion there is a level decide the balance among each of those of accountability that they will put in eral dollar. I wonder why it is, in fact, primary needs. so unacceptable, measured against a 5- place for improving education, why We also see, obviously, that there year block of time where nothing takes would they not be willing to adopt a se- should be some form of accountability. place. ries of areas which we could all agree We believe we have the ultimate form Mr. GORTON. I repeat the first half on to represent the top priorities in of accountability, that in Straight A’s, of my answer to the Senator from Mas- America for education, such as getting in that portion of this bill at least, we sachusetts. I believe there are efforts— better teachers, improving teacher say the bottom line is: How well edu- I hope he is a part of those efforts; I quality, having afterschool programs? cated are your students after they fin- can assure him this Senator is—to Isn’t it possible to agree on a broad ish this program? Is there an objective reach just such an agreement in which categorization that does not tell local measurement of their educational each side would accommodate to some districts how to do it, doesn’t tie their achievement? Has that improved? That of the highest priorities of the other hands to one particular choice, but seems to me to be a policy account- side, whether they are substantive or gives them a sufficient range of op- ability against the process account- procedural with respect to account- tions? At least we know the Federal ability we have required, increasingly, ability. dollar will not be subject to the kind of in the course of the last several years. But I think the reason the differences abuse it was once subjected. Mr. KERRY. Mr. President, I appre- are so great as against what they were Mr. GORTON. The Senator from Mas- ciate the answer. 5 years ago, or 10 years ago, is that, if sachusetts could not have asked a bet- I do not want to abuse the time be- I may say so, on this side of the aisle ter question. He does remind me of the cause I know my colleagues are lined there is a greater recognition that we fact that he and I, with a number of up to speak, but if I may ask further, I are on a dead-end street, that 35 years other Senators in both parties, have hear what the Senator is saying, but of the kind of programs with increasing had, over the course of last 2 or 3 years, the examples I chose are examples of rules and regulations that have led us a number of meetings in private to dis- when it was a block grant. We changed to this point simply have not worked. cuss whether or not we could reach just the block grant precisely in order to There is a greater disposition over here such an agreement. obviate those kinds of examples. Bring- to say, at least in some States we We haven’t reached it yet. That is ob- ing it to modern times, I know the Sen- ought to allow people to do something vious from our place on the floor of the ator will agree with me that everyone radically different from what they have Senate at this point. As I think he in the Senate is not debating education before them. knows, negotiations involving at least because it is a nonissue in America. The Senator from Massachusetts is some Republicans and some Democrats No one would suggest that every 100-percent correct. Some States are with that goal in mind continue at the Governor in this country is doing as far ahead of others, even with the de- present time. well as some other Governors in the gree to which their hands are tied by I think it is the nature of our com- country. No one would suggest—I am present Federal regulations. My pro- mon humanity that we don’t usually not going to name States here—there found fear is, if we allow even more dif- reach agreements on controversial are not some States that are light ferentiation, the next time we come to issues until we are at the point of hav- years behind other States in what they renew this act, we will have a far bet- ing to make final votes on these issues. are willing to adopt. ter understanding of what works in the I have every hope that we can. So even measured against the mod- real world and what does not work in In connection with the two proposals ern system, I agree with the Senator the real world. on the floor today, however, they state from Washington. Let’s tear apart What I wanted to say, not only in our dramatically opposing philoso- some of the bureaucracy. Let’s rip connection with Straight A’s but in

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.081 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3307 connection with title I portability, in tween those with all the eloquence of is more important to the well-being connection with the Teachers’ Em- the previous speaker from Wisconsin and future of our Nation than the edu- powerment Act, in connection with the whose goals I totally share but whose cation of our children. Yet less than Performance Partnership Act that means I do not share at all, who sets one-half of 1 percent of the entire Fed- comes to us from the Governors, that out what he thinks are priorities the eral budget is spent on improving the is a part of this bill, and of course in Congress is better able to set, not in quality of education for America’s chil- connection with Straight A’s, none of general terms but in very specific dren. The rest of the education money these experiments, or these changes of terms, for every school district across comes from our local communities and direction, is mandated on any State of America. States. the 50 States in the United States of Our view is that we seek a better We are not much of a partner when it America. Any State education author- educated populace in the 21st century, comes to the education of America’s ity, any State legislature that does be- children better prepared to deal with children. I do not think the question is lieve it is making more progress or will the marvelously complex challenges of whether we are doing too much. I hap- make more progress with essentially that century by allowing our schools pen to subscribe to the notion we are the present system—tweaked a little the greater right to innovate, a greater not doing much at all. Of the entire bit—is completely free to do so. Only 15 right to meet these challenges than we education budget, the Federal govern- States can take Straight A’s. I think grant them at the present time. ment provides 7 percent—a little less— at present only 10 States can take title The current manager of the bill and I of the total dollars spent on education. I portability, plus a few other school represent the same State. While we dis- Ninety-three percent comes from our districts. agree on these issues, we agree on the States and communities. We are in- Mr. KERRY. Mr. President, I will wonderful innovative things going on volved with 7 percent of that education have more to say. I thank the Senator in the State of Washington at the budget, less than one-half of 1 percent for interrupting his remarks. My col- present time. I simply wish to grant of the entire Federal budget of the league has been waiting a long time. more scope to that innovation. I hope United States. My only comment is that Ed-Flex was my State will be among the 15 because We really do not do much for edu- passed. It allows radical departures. I trust the educators in my State and cation. We decided 35 years ago that it And very few Governors have even school board members in my State to would make sense to at least try to do taken advantage of the Ed-Flex that make the right decisions about their something about the poorer schools in we passed. We need to look at the re- children and about their schools. America. Why? Simply, we came to the ality of what is happening. I thank the I must say, I have no less confidence realization that on a State-by-State Senator very much for his engaging in than the people who hold those posi- basis, there was not a great allocation this dialog and thank my other col- tions in the State of the Presiding Offi- of resources to the poorest schools, leagues for their patience. cer across my eastern borders, or, in both urban and rural. In fact, States Mr. GORTON. I appreciate the com- that case, the State of Massachusetts were spending about 60 cents, 63 cents ments of the Senator from Massachu- represented by my good friend. There on poor children. With our 7 cents on setts. I do think they lent clarity to at least is the debate. For tomorrow, I the dollar, we spend about $4.50 on poor the debate in which we are engaged at hope we have a greater degree of ac- children as opposed to the Governors the present time. I am fairly close to commodation which does and must re- the conclusion of my remarks. across the country. Again, it is essential for both Mem- tain this degree of added authority, We tried to target these resources to bers and the public to understand that added trust, and added confidence in those areas, a rifle shot into the areas we are not mandating a change in the our school authorities. we thought might do the most good to Federal system. We are enabling a The PRESIDING OFFICER. The Sen- make a difference. It has been said over change in the Federal system. We are ator from Connecticut is recognized. and over this afternoon that, in 1965, enabling a combination of three or four Mr. DODD. Mr. President, I see a they began with the idea of turning or five changes in the Federal system. number of my colleagues. I know time over a bunch of money—basically a If I find any proposition difficult to un- is running along before the first vote block grant to the States—and said: derstand, it is the proposition that will occur. I will try to move along and Get this money back to those poor somehow or another we know so much not delay my remarks or be repetitive. communities. more about the subject than do the Unfortunately, there are some sig- As my colleagues just heard from our Governors and legislators of the var- nificant distinctions between the alter- colleague from Massachusetts and oth- ious States, the elected school board native and what is being proposed in S. ers, the track record of what happened members, and the full-time school au- 2. I always think it is worthwhile to to those dollars was abysmal, it was thorities in 50 States and 17,000 school lay some basic facts before our col- embarrassing, it was scandalous. districts across the United States of leagues, which I have done in the past, Money that was supposed to go to these America. but I believe it deserves repeating. poorer schools to improve the quality It is true that the virtue of humility Fifty-three million children every of education went, in case after case, to is more highly praised than practiced. day go to an elementary school or high anything but that. So we decided col- No place is that more true than it is school in America. About 48 or 49 mil- lectively—again not in any partisan here in the Senate. But it does seem to lion of the 53 million walk through the way—that we ought to come up with a me that a little bit of humility about doors of public schools in all 50 States better idea of getting the resources these education policies is very much and territories of the United States; into these tough nonperforming in order here, a little bit more trust about 4 to 5 million go to a nonpublic schools in rural America and urban and confidence reposed in the people school in America. Our principal re- America. who devote their entire lives to this sponsibility is how do we improve the We began the process targeting dol- field of education—something that we quality of public education in the lars. That is where we are today. What do not. United States. is the difference between what has been The comments of the Senator from We spend less than one-half of 1 per- offered by the distinguished minority Massachusetts were very well placed cent of the entire Federal budget on el- leader, Senator DASCHLE, and others and very thoughtfully stated. By the ementary and secondary education. I and what is the underlying bill? time we reach the end of this debate, I expect that comes somewhat as a sur- First and foremost is this notion of hope we will be in a position that we prise to the majority of Americans block grants. It is a big difference, un- simply will not have all members of that we spend even less on the edu- fortunately. I wish it were not. I wish one party voting one way and all the cation of 90 to 95 percent of all children we could work out some differences, members of the other party voting the in the United States than we do on for- but apparently that is not possible, de- other way. I hold that to be a very real eign aid, and more speeches are given spite efforts over weeks and weeks to possibility. on education on a weekly basis than iron out the differences. In the meantime, it is vitally impor- any other subject matter. Most of What is the difference? A block grant tant to make clear the distinction be- those speeches begin with how nothing is turning a large sum of money over to

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.083 pfrm09 PsN: S03PT1 S3308 CONGRESSIONAL RECORD — SENATE May 3, 2000 the Governors, which is what the un- that you thought would work that we Don’t believe me. Don’t believe my derlying bill does, with the hopes the tried to incorporate. colleagues who have stood up and ar- Governors are then going to transfer Our good friends on the other side of gued for this. Listen to the voices of those resources to the local commu- the aisle are saying: Those school the people who come from your States. nities. board members, those PTA members, It is the PTAs and the school boards We, on the other hand, think that we those school principals, they do not that are saying: Get this money di- are better off targeting those dollars know what they are talking about. We rectly back to us. directly back to the local community. know best. I respectfully suggest that Our bill acknowledges and supports Why? We happen to know—my good is a certain sort of arrogance. key national priorities and priorities friend from Missouri is a former Gov- Our bill requires and depends upon for parents. We know our involvement ernor—too often when the political de- what we are getting from the local offi- is limited; as I said, 7 cents out of a bates occur in the State legislatures, it cials who know what they are taking dollar that is spent on education. But is hard. Sometimes the poorest areas about and have asked us to approach we try to leverage those dollars to nado not have the political muscle to get this problem in the way we have of- tional needs. So our 7 cents actually, in the necessary resources. It is basically fered here today. many cases, leverages a bit more of a revenue sharing program. They fight Under the plan offered by our col- local or State dollars in these areas. over scarce dollars even at the State leagues on the other side, as I men- National priorities: We do not make level. They end up not doing what I tioned a moment ago, the Governors up the list of national priorities. This know my colleagues who advocate would identify ‘‘educational prior- was not somehow drafted in a back block grants want to happen. ities’’—that is a quote from the bill— room here or in the Democratic Na- The fact is, in too many States, those and over the next 5 years spend Federal tional Committee or the office of the dollars end up going off in different di- funds on those ‘‘priorities″ without any minority leader. rections. As a result, we do not have accountability for results. We go 5 Class size, school infrastructure, edu- any accountability. We are the ones years? And then we get some sort of ac- cational technology: go back to any who said you do it at the State level, countability back? community you reside in in America you identify the needs, you come up Governors would also be able to re- and ask whether or not those are im- with a plan, and at the end of 5 years, allocate dollars. There would be no tar- portant issues. You will hear your con- we will determine whether or not, geting of resources. This is ludicrous. stituents say that they are. For the based on your criteria, you have done Given what we know from the General millions of kids who go to public school it. That is hardly what I call a tough Accounting Office, States provide an every day, the teachers will tell you, accountability standard when it comes additional 63 cents, I mentioned ear- particularly in serving disadvantaged to tracking the 7 cents on the dollar lier, for each poor student. That is the kids where these problems are huge, that we are providing for elementary history—63 cents for every poor child that class size, technology and the key and secondary education. in the State. The Federal Government issues. I have often cited to my colleagues in We came up with an alternative to S. provides $4.70 or more. So we block my home State of Connecticut—we are 2, the underlying bill. Who opposes the grant a lot of what we are talking a small State. I look around the room. underlying bill? We do, the Senator about here. Again, given the track There are a lot bigger States geo- from Massachusetts, myself, and the record of our States in reaching these graphically represented here. Our State Senator from Washington, but that is poor communities, it does not happen. is 110 miles by 60 miles. San Diego not terribly relevant. Also opposing it Block grants also weaken the focus County is bigger than my State graphi- is the Council of Chief State School Of- on key areas of national priorities and cally. We are also the most affluent ficers, the National Association of Ele- obligations. Does anyone really think— State in the United States on a per mentary School Principals, the Na- we have all been around politics long capita income basis. I could take you enough. How vibrant a constituency do tional Association of Secondary School to communities in my State that are you think homeless children are? Tell Principals, the National Parent-Teach- just amazing in terms of what my local me about the lawyers they hire. What ers Association, and the National communities provide for in terms of an political action committee do homeless School Board Association. educational opportunity for children. Who do my colleagues think these or migrant children have? Does anyone Public schools, almost compete with people are? Put aside the teachers’ know of a political action committee college campuses in terms of language unions everybody gets fired up about. that raises money for homeless kids or labs, computers, and the like. What about the locally elected school migrant kids or title I kids? I do not I know of one such community that boards? Does anyone think they know know of any. Yet we are saying we are ought to be a model for what every anything about education? going to block grant these dollars for public high school ought to look like in Are they blind to all of this? Are par- migrant children and homeless chil- America. In 16 minutes or less, I can ent-teacher associations some little dren, and we will leave it there in the drive you from that school to an inner- special interest groups off in a corner State capitals. And don’t worry, it is city school in Bridgeport, CT, Fairfield that are trying to squeeze out some going to get to them. There is no track County—for those familiar with my dollars for themselves? These are the record of that at all. In fact, the track State, they know Fairfield County is a people we represent. These principals, record tells us a completely different very affluent corner of my State. But these school boards, these PTAs, they story. The track record says it does not in 16 minutes, I can take you from that are saying this underlying bill is a bad get to them. school to a school where there are idea. We are just giving voice to their If we truly care about what our may- about four computers for the entire concerns, identifying what they have ors and our school boards and our PTAs student body, cops on every corner, and said are the reasons to oppose this, and are saying in these communities where teachers that have 20, 25, 30 students in finding the common ground that will these kids live, they have asked us to a classroom. allow us to develop a program. We try follow a pattern that allows these dol- So I have two constituents—high to do this with the alternative which lars to go directly to them. This school students—living 16 minutes we will vote on shortly. It will get shouldn’t be any great revelation. apart from each other with hugely var- these scarce dollars to the areas that I do not claim any one State is nec- ied educational opportunities, and my need them the most. essarily better than another. The fact State does a pretty good job. In a sense, what we are doing with S. is, if you are a homeless kid or a mi- We provide the exact same salaries 2 is walking away from the partner- grant kid or a poor kid or a title I kid, for teachers who teach in Bridgeport or ship, as limited a partnership as it is, the likelihood that you are going to some other area. But there is a great with the scarce dollars we provide. We end up getting your share of the $1 is disparity. We wrestle with that in my are now going to walk away from that. pretty small. We recognize that here. State. We are saying to these local commu- The school boards recognize it. The What we are saying with this bill, or nities: You do not know what you are PTAs recognize it. That is why they trying to say, is that back in that com- talking about, the things you told us oppose what is in S. 2. munity—I am not going to be able to

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.087 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3309 make it absolutely equal, but I would have, and provide only a portion of Our proposal has schools working like to get some resources into that those dollars to go for teacher quality. with community-based organizations, school. To contrast our proposal with the un- such as the Boys and Girls Clubs and You have to trust your good Gov- derlying plan in S. 2, they block grant other organizations, to develop an ernors. The Governor of my State and all of the funds for teacher quality. afterschool program for an additional I are friends, who are in different par- And then on top of that, it block grants 2.5 million kids in this country. Five ties. I like John, and my State legisla- the block grant by making it subject to million children every day, right about ture. But too often I know what hap- the Straight A’s—a block grant on top at this time—on the east coast at pens. When it comes down to my inner of a block grant for teacher quality. least—parents go through the anxiety cities, they just do not do quite as well. Again, you are going to write a check of wondering where their kids are. Ask Those homeless and migrant kids, for the Governors and you are going to a local police chief what hours they those poor kids, do not have the clout, say to get teacher quality up in these worry the most about where kids are and, too often, they do not get the re- areas. We all know what happens. Too involved, and they will tell you be- sources. often, those dollars don’t end up going tween 2:30 and 6:30 in the afternoon, So what we are saying with our alter- where they ought to go in these com- not after 11 o’clock at night. This is native is we want to get those re- munities—targeted dollars, focusing on the dangerous period. sources back into those communities teacher recruitment and professional We have an afterschool period here to leverage those dollars. development or a block grant on a where we put a billion dollars into Let me just briefly touch on teach- block grant for teacher quality. after school—up from a $500 million—to ers, if I can, and then wrap up. There We say you have to have a school expand that idea, so people have some are a lot of other areas to talk about. with qualified teachers in each class- security or a sense of confidence that I know my colleagues want to talk room in the fourth year of this bill. their children are being taken care of. about them. There is nothing in S. 2 requiring that The Republican proposal is status quo Teachers are critical, we all know at all—nothing. How do you get ac- on after school. We have to do better that, for success in schools. I come countability following a block grant on than that. This is one of the ways we from a family of teachers. My father’s a block grant? Where do I go to get the can improve the quality and the safety of children, which parents worry about. three sisters taught for 40 years apiece answer for that? The two words ‘‘status quo’’ have in the public schools of Connecticut, The amendment we are proposing— been tossed around a lot in the last few one of them a Fulbright scholar. My the substitute—offers real account- days. I happen to think that is where own sister has taught for almost 30 ability. Our bill requires States to the big difference is. We offer an alter- years, teaching in the largest inner- adopt tough accountability standards native which is anything but the status city elementary school in my State— for all schools—one system, not sepa- quo. It is anything but that. I am so Fox Elementary School. My brother rate systems. The underlying bill says saddened, Mr. President. I have been on was a professor at the university level. you have accountability standards for this committee for 20 years. I have I hear from him. title I schools and another account- never been in a situation where we Teacher quality is critical. I think ability standard for non-title I schools. didn’t work out amendments together all of us agree on that. There is no de- That is a nightmare. Talk about cre- and craft a bill that was still subject to bate about the importance of teacher ating some inherent discrimination in amendment on the floor. It was a bi- quality. But consider, if you will, what the process where you have account- partisan approach. these two proposals provide. I have al- ability standards for one set of schools Education ought not to be an ideo- ready explained the difference in the and then a separate one for others. logical debate. It is turning into that. block grants and how to get direct That doesn’t make sense. Our bill re- My constituents don’t walk up to me funding back into our communities in quires States to adopt tough account- and talk to me about block grants and a targeted way. Let me just point out ability standards. If all children are categorical programs, or about all the difference on teacher quality pro- going to learn to high standards, as re- these fancy formula issues that people grams in these two proposals that are quired, then let’s subject all schools to talk about. They want to know wheth- before us. the same high expectations. er or not you are working together The Democratic alternative which We also call for a real step toward ac- with local people and trying to make a has been offered, provides $2 billion to countability requiring school report difference. None of us have a silver bul- help schools recruit and retain high- cards. This will give the public and par- let here. None of us can say with total quality teachers and includes an ac- ents the information they need to hold certainty what works or doesn’t work. countability provision to make sure all schools accountable. Where those But we know, based on experience, par- teachers are fully qualified. schools fail, we send in a new staff, new ticularly the experience of those who, Specifically, we require States to people to operate them at the first op- day in and day out, dedicate their lives have a qualified teacher in every class- portunity. If that doesn’t work, we cre- to the education of children, those who room by the fourth year after enact- ate charter schools, and if that doesn’t serve on our local school boards, those ment of this bill—a specific require- work, we shut them down. What does S. who serve on the Parent-Teacher Asso- ment, an accountability standard. We 2 do? S. 2 says at the end of 5 years you ciations, those people who have become will be able to see whether or not we have to sort of report back to us and principals and teachers in schools. have achieved it. The alternative that let us know whether or not the schools Are we trying to demonize these peo- we propose would guarantee that com- have met the State standard and what ple. These teachers are ‘‘evil’’ some- munities receive substantial funds to they consider to be a high degree of how, or they don’t care about the kids. recruit qualified teachers, provide performance. Under the Republican In the 30 years my sister has taught— qualified mentors for new teachers, proposal, you wait 5 years for account- she is blind, by the way, from birth— provide professional development for ability. I don’t know how, with a she has dedicated her life to education, teachers, and hold schools accountable straight face, you call that account- when other options were available to for the results in that area. ability. That is not what the American her. She cares deeply about what hap- We currently spend $330 million on public expects with accountability. pens to the kids she teaches. She tries professional development. The Repub- They want a higher standard than that. to come up with better ideas each year lican proposal to the alternative ig- Lastly, our amendment responds to on how to make it work better. Her ex- nores this and only requires a portion calls made by parents for help after perience is duplicated over and over of the $330 million be spent on these ac- school. The provision in this bill that again in community after community. tivities. If you want to have teacher calls for the 21st century learning com- To suggest somehow that school boards quality, you have to invest in it. It munity centers started out as a $1 mil- and PTAs and principals and teachers does not happen miraculously. Our bill lion program 5 or 6 years ago. As a re- such as my sister don’t give a damn takes funds directly to $2 billion. sult of demand from our school dis- about the kids is just wrong. Under the committee proposal, you tricts, that program has gone to a $500 Our bill reflects their priorities, their cut back on the $330 million we already million afterschool program in 5 years. ideas, and it is anything but status

VerDate 27-APR-2000 01:55 May 04, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.089 pfrm09 PsN: S03PT1 S3310 CONGRESSIONAL RECORD — SENATE May 3, 2000 I am saddened that we haven’t been local community that they have to every year in order for people to re- able to find common ground to listen spend it for something the local com- ceive Federal dollars. That is the to them and craft a piece of legislation munity knows isn’t really very impor- equivalent of 25,000 employees working here in the waning days of this session tant. full time. That is a real cost—25,000 of the Congress—a bill that will have Very few of us would want to get our full-time equivalents just processing to survive for the next 6 years and will help, for instance, medically, from Federal paperwork. There are more address these concerns. someone who was 1,000 miles away and than 20,000 pages of applications States Our schools are in trouble, and we who didn’t know anything about our must fill out to receive Federal edu- ought not allow this to become so po- condition. We would want someone who cation funds each year. liticized that we can’t come up with could examine us to find where our The Department of Education brags some common answers on how to ad- problems are and direct a therapy to that its staff is one of the smallest dress their needs. I urge adoption of address those problems. Federal pro- Federal Government agencies with the alternative and of some amend- grams from 1,000 miles away designed only 4,637 people. State agencies, how- ments that will be offered later on. Lis- to make things uniform frequently ever, have to employ nearly 13,400 ten to the PTAs and the school boards. don’t work, and it is because the condi- FTEs, full-time equivalents with Fed- Listen to the principals. We give voice tions are different in each community. eral dollars to administer the myriad to their agenda. That is why they op- My colleague from Connecticut of Federal programs. That doesn’t al- pose the underlying bill. They oppose boasted of Connecticut’s ability to pro- ways reflect the total that is necessary it. I oppose it but, more important, vide uniform salaries for teachers. at the local level. Hence, there are they oppose it. That is why the alter- Then he talked about how unsuccessful nearly three times as many federally native is a far better idea. I urge its it was to have the same salary in one funded employees at State education adoption. place that you have in another place agencies administering Federal pro- The PRESIDING OFFICER (Mr. L. because the conditions are different. grams as there are U.S. Department of CHAFEE). The Senator from Missouri is Maybe we should conclude something Education employees. recognized. based on that—that uniformity may I think we need to be thinking care- Mr. ASHCROFT. Mr. President, I ap- not be the answer. Maybe we should fully about getting the resources to the preciate the opportunity to address the conclude that we should give individ- students. We are facing a situation important issues we are facing today uals an opportunity to tailor, to ad- today in the United States of America regarding education. I admire the pas- just, to refine, and to define the re- where more than half of all the em- sion with which my colleague from source and its application so that we ployees in public education are outside Connecticut has spoken. I simply come could have a cause and effect, which is the classroom. No wonder people are to a different conclusion. I think that what we are looking for. wondering whether or not we are get- if we really admire those individuals What is it we are looking for? We are ting a return on our investment. who work at the local level, we won’t looking for an elevated classroom ca- Where do we want to focus our in- distrust them to allocate the resources pacity. We are looking for an elevated vestment? Do we want to feed the bu- for their children in their commu- human capacity. We are looking for reaucracy and build the bureaucracy, nities, to make good decisions about students who can read, write, spell, de- or do we want to fund the classroom how the moneys are spent. That is a cipher, add, subtract, multiply, and di- and elevate student performance? We real contrast to what we have had for vide. That is what we want from our have to look carefully at that. quite some time. schools. That isn’t really different In the State of Florida, it takes 374 I wish to give a few examples about from the culture at large. employees to administer $8 billion in how Federal education program re- We have passed the century of mass State funds. It takes almost 400 to do quirements eat up resources and they products. Henry Ford was the master $8 billion in State funds. For the $1 bil- consume a disproportionate amount of of mass production in the 1930s. He lion in Federal funds, it takes almost the time that States and schools spend said, ‘‘You can have your Ford any 300 employees. Basically, there are six on administration. You see, when my color you want it so long as it is times as many hours required to ad- constituents come to talk to me, they black.’’ He had the best idea, and a cen- minister one dollar of Federal funds as don’t ask me about the process. They trally driven idea that everybody there are hours required to administer are asking me about the product. They would drive the same color car. The one dollar of State funds. That puts us are asking me can the students read? problem was that 10 years later, after in a situation where there is a lot of Can they spell? Can they compute? Can he had 75 percent of the automotive money being spent on administration they reason? They want to be focused market, he had 50 percent of the auto- trying to make sure we have complied on student achievement. They don’t motive market, and he began to under- with all of the Federal requirements want to be focused on whether the stand that it wasn’t appropriate to try and working to satisfy the Federal money is going to the State or whether to tell everybody what they wanted or mandate instead of working to educate the money is going to the Federal bu- what their needs were. He changed his the children. reaucracy. They want something to slogan. Instead of, ‘‘You can have your I submit that we ought to look at happen at the end of the process that Ford any color you want it so long as these statistics. We find that it is not changes the lives of individuals. it is black,’’ he just shortened it to say, surprising that the Federal bureau- As we get into a culture that is more ‘‘You can have your Ford any color you cratic maze consumes up to 35 percent and more technically oriented, the want it’’—because he knew he had bet- of Federal education dollars. These need for education is elevated more ter meet the need. Federal programs and their require- and more. In fact, we need to make It is time for us to stop saying you ments take away not only precious dol- sure that the money not only gets to can have your education any color you lars, but they take up valuable teacher the local level, but when it gets there, want it so long as it is bureaucratic. It time. it can do something of value. And we is time for us to say we want to help I don’t think there is much question have a couple of big problems with our you elevate the capacity of students. about what we want. I don’t think this current situation. They are primarily We are not interested in bureaucracy. is a partisan issue. All of us in the end these: We are not interested even in bureauc- want students to be able to achieve. No. 1, we may get the money to the racy at the State level. We are inter- The educational system is not for the local level, but only what is left of it ested in students. We are interested in bureaucracy. It is not for Washington. after the Federal government and the classrooms. We are not interested in It is not for the State capitals. It is not State bureaucracies consume it with interest groups. We want to elevate the for making people fill out forms to their bureaucratic redtape. So there is capacity of students. comply with Federal rules. Clearly, we a small stream, a very anemic flow, Listen to what has happened in the can’t afford for this trend to continue. that goes to the local community. Federal Government. The Federal De- We need to change our Federal policies No. 2, when we finally get it there, partment of Education requires over to ensure a more efficient use of our we are frequently telling people at the 48.6 million hours worth of paperwork Federal resources.

VerDate 27-APR-2000 02:05 May 04, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.092 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3311 I would be pleased to yield to the Knowing the kinds of misallocations through 4 when the priority is for re- manager on my side for a comment or that have come, up to 35 percent of the ducing class size in grade 10 and unanimous consent request. resource being lost in the bureaucratic English. The PRESIDING OFFICER. The Sen- nightmare of regulations, the tens of I quoted the Governor a few moments ator from Vermont. thousands of full-time equivalents de- ago to that effect. Mr. JEFFORDS. Mr. President, I ask signed to supervise to make sure you I believe it is very important that we unanimous consent that the votes spend the money in the way the Fed- be able to devote resources in ways to occur on or in relation to the amend- eral Government says it should be improve the ultimate performance. ments in the order in which they were spent, in spite of the fact that might We know class size is a priority in offered beginning at 6 p.m., with the totally miss the needs of the student, some settings. And other kinds of pri- time between now and then to be we need to change things. We can’t orities exist for other settings. But I equally divided in the usual form. I fur- keep going in the same direction. think we should allow individuals who ther ask unanimous consent that no They used to joke when I was a kid know what the students need for our second-degree amendments be in order when someone asked for directions. ultimate priority, which is student prior to the vote. Someone else would say: Any road will achievement. I think they should be The PRESIDING OFFICER. Is there get you there so long as you don’t care able to look at that ultimate priority objection? where you are going. My grandfather and see how we are going to elevate the Without objection, it is so ordered. used to say: I have sawed this board off performance of students. Mr. JEFFORDS. Thank you, Mr. four times, and it is still too short. If Mr. KERRY. If the Senator will President. you are not succeeding, think about yield, is the Senator aware—and maybe The PRESIDING OFFICER. The Sen- changing. The industrialist put it this the Governor is not; I think he is—that ator from Missouri. way: Your system is perfectly designed it is an option, but, secondly, that the Mr. ASHCROFT. Mr. President, a re- to give you what you are getting. If Senator joined with all of us in voting cent example of an inflexible mandate you don’t like what you are getting, for Ed-Flex under which any Governor is the $1.2 billion earmarked exclu- think about changing it. basically can do whatever they want? sively for classroom size reduction for What are we getting? We are getting Is the Senator aware of that? That is early elementary grades. That is a a poor return on our investment. It is what we passed last year, complete noble aspiration—lower classroom size. wrong for America to have an output flexibility to Governors. We are not re- You can pursue a noble aspiration into from its educational effort that is at quired to spend that. If they want to a dead end or make a noble aspiration the bottom of the industrialized na- seek a waiver, they can get a waiver. a financial misallocation. tions. We can’t keep sawing this board Last year, Governor Davis of Cali- Mr. ASHCROFT. I ask the Senator to off. It is too short. We can’t just take restate his question. fornia described how the inflexibility any road to get us there because we Mr. KERRY. Is the Senator aware of this initiative is hindering his know we have a destination that is im- under Ed-Flex the Governors have full State’s ability to direct Federal funds portant. We can’t afford to be taking flexibility for a waiver for any kind of to areas where the need is the greatest. the wrong road. onerous regulation? We voted for that While the Federal initiative requires It is important to put people who are last year precisely for this purpose. It funds to be used to reduce class size to there on the spot, to see what the needs is, in fact, voluntary as to whether or 18 in the first three grades, in Cali- are. I say it this way: I want someone not they make the decision to which he fornia they have already reduced class who knows the names of the students referred. size to near that target in grades K and the needs of the schools making Mr. ASHCROFT. I believe the correct through 4. the decisions. That is what is impor- interpretation of Ed-Flex is that there Governor Davis put it this way. He tant. I want people who will live or die is substantial flexibility accorded to said of those Federal funds which are by the decisions, not someone from Governors for certain programs—not earmarked for an area where he has 1,000 miles away. pretty much achieved the desired goal, I believe there is a lot of common for all programs—and I believe it would that the goal to best serve the State’s ground here. People talk about getting be a misstatement to characterize it in needs is to reduce class size in math money to the local level. It doesn’t do the way it was characterized in the and English in the 10th grade. any good to get it there and then tie question. But there is additional flexi- Of course, it is kind of hard to see the hands of the people at the local bility, and I voted for Ed-Flex because that from Washington DC. But the level, or send the money to the school it was a step in the right direction. Governor has a pretty good shot at un- district so they can only spend it for I don’t purport to say the Governors derstanding that if he has the class size things that are not priorities. That should be the last word on this. From problem under control in grades K doesn’t make much sense. Send the my perspective, we would be well through 4, and he really has a des- money to the school district and allow served to push more of the decision- perate need to reduce class size in the the school district to devote the re- making authority down to the local different area, he should be able to al- source to those things which are im- level where the people who know the locate those funds in that direction. portant to the achievement of stu- names of the students and the needs of He put it this way: We need to have dents. the schools can make the determina- the flexibility to apply those resources Mr. KERRY. Will the Senator yield? tion. where we think they could best be Mr. ASHCROFT. Yes. I have visited three or four dozen used. Mr. KERRY. Can the Senator tell me school districts in my State in the last A lot has been made about the poten- precisely what priorities resources are 3 or 4 months. I have been very inten- tial for politics at the State level. required to be spent on? sive in my examination. It is very im- The eloquent speaker, the Senator Title I is the biggest expenditure of portant we understand that tailoring from Connecticut, talked about how Federal money; it is for poor, disadvan- the resource to meet the needs of stu- that might contaminate decision- taged children. Is that a priority? dents to elevate student performance is making. Frankly, I think that the abil- Mr. ASHCROFT. Yes. very important. ity to hit the target from close up is May I answer the question? Sending money to feed the bureauc- usually far better than the ability to Mr. KERRY. I asked the question. racy isn’t important. The ultimate hit the target from long range. Mr. ASHCROFT. First you said, thing we need to determine is, are we When we talk about helping our chil- could I respond by saying what prior- doing those things that will elevate dren learn and helping them achieve ities people are being required to spend student performance? It may not even elevated capacities in terms of the fun- resources on, or what things are not a be the same thing in every case. There damentals necessary, States and local priority. may be things needed in one area in schools need the flexibility to spend Governor Davis of California said: one setting, in one cultural venue, that money in the way they see fit to im- You are requiring me to spend money are different from in another. The pre- prove education. on reduced class size in grades K sumption that Washington can know a

VerDate 27-APR-2000 03:40 May 04, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.095 pfrm09 PsN: S03PT1 S3312 CONGRESSIONAL RECORD — SENATE May 3, 2000 single solution is as foolish as the idea High school student with disabilities was days are numbered as a leader of the that there is a single product that placed in an alternative school after repeat- world. would suit everyone. edly assaulting her high school teachers. Re- It is with that in mind I want to say Look at the march of industry in our cently aggravated, she approached the office. how important it is for us to not only country. We don’t try to sell everybody The secretary was talking with a person outside the office and did not see the student ap- have the right ability to send resources the same computer. Look at the future. proach. The student hit the secretary in the but decisionmaking as well to the local The future tells us if you call a fellow side of the head, knocking her glasses off her level, and then to provide a basis for named Dell down in Texas, he doesn’t face and causing personal injuries. This year maintaining a safe school environment tell you what computers he has to the student has broken her teacher’s glasses by simply saying that school districts offer, he asks you what your needs are. four times by hitting him in the face or pull- have the ability to discipline all chil- They tailor that computer to meet ing them from his face and breaking them. dren who bring weapons to school or your specific needs. This behavior continues in spite of multiple use illegal drugs at school or possess It is called mass customization, not years of interventions by mental health professionals, behavioral specialists and dis- them at school or children who assault mass production. Mass production is a ability experts at school. The parents con- school district personnel. thing of the past. Mass customization tinue to meet on a regular basis with the I will close by just remarking that is a thing of the future. Let’s allow our school personnel. However, assaults are fre- this is not something that is against school districts to tailor the resources quent and cause injury at home, at school the best interests of schools or of we provide to meet their needs and to and in the community. No agencies within teachers or of groups of individuals. elevate their students’ capacity. Let’s the community or State will provide com- The Education Roundtable of Missouri, not try to impose on those students prehensive treatment or services as she is which is comprised of all the major some sort of template from Washington considered too aggressive. She remains in education associations in Missouri, in- public school. that pushes them into a program or cluding the PTA, including the MNEA, something that is not in their best in- Not subject to the kind of discipline including the AFT, including the Mis- terests and not according to their there ought to be. souri State Teachers Association and needs. The idea of Washington impos- I can go through case after case of the Missouri School Boards Associa- ing and distorting education is an idea teacher assault. I can talk about stu- tion—all of those endorse this idea that whose time has past. dents who have been shot by other stu- we need to have the capacity to dis- In my State, there is a designation dents, students who were injured, cipline appropriately all students who that is a result of a Federal program whether it is with a knife or with a bring weapons to schools, who assault called IDEA. One in seven students in gun, and the absence of the capacity of teachers, who threaten and assault my State—and one in eight nation- our school administrators to deal with teachers and provide drugs in the ally—are designated as disabled. As a students who pose threats to the learn- school. They should be subject to ap- result of this designation, those stu- ing environment of our classrooms. It propriate discipline measures. dents are not subject to discipline in is a tragic absence of capacity. We I ask unanimous consent to have this the same way other students are. For ought to return that capacity to the letter from the Missouri Education example, if a disabled student brings a local level. I believe it is possible for us Roundtable be printed in the RECORD gun to school, the maximum time you to do so when we think carefully about and I thank the Chair for this oppor- can keep him out of the regular class- our school; whether it be assaults on tunity to express myself on this impor- room is generally 45 days. Some of teachers, whether it be the possession tant issue. these disabilities, a good number of of weapons, whether it be the importa- There being no objection, the mate- them, are behavioral disabilities, so tion of drugs into the schools. rial was ordered to be printed in the they are students whose problem is in So it is with this in mind that I think RECORD, as follows: trusting local school officials is the controlling themselves. Instead of hav- THE MISSOURI EDUCATION ROUNDTABLE, ing the 1-year suspension from class be- way for us to respond. We need to Columbia, MO, May 1, 2000. cause they brought a weapon to school, adopt the kind of philosophy that Hon. JOHN ASHCROFT, they only have a 45-day suspension moves decisionmaking as well as re- U.S. Senate, Washington, DC. from class because they brought a sources to the local level. Just moving DEAR SENATOR ASHCROFT: The Education weapon to school. resources to the local level with an ad- Roundtable, comprised of all the major edu- It is very difficult for local school administrative burden and a direction to cation associations in Missouri, strongly spend the resources in ways that are supports your proposed amendments to the ministrators to have a situation where Individuals with Disabilities Education Act they can’t discipline students effec- not needed at the local level is non- regarding discipline of students. It is abso- tively to maintain order and control. I sense. Move the resources to the local lutely essential that school district officials believe we ought to adjust that. We level and move the decisionmaking ca- have the ability to discipline any child that ought to get decisions about resource pacity to people who know the names brings a weapon to school, possesses or uses allocation down to the local level, to of the students and the needs of those illegal drugs at school, or assaults school moms and dads, community leaders, students and the needs of the institu- district personnel. This conduct must not be tion. Let them make decisions. tolerated in our public schools. school board members, to decide how School safety is a top priority for teachers, to spend the resources to best elevate Second, allow individuals who are administrators, and school board members in student performance. I think that is running our schools at the State and Missouri. Our children must be guaranteed a what they want to do with the money. local level to have the kind of rules and safe environment if effective learning is to That is what they want school re- disciplinary procedures which provide take place. We are committed to providing sources for. a safe learning environment. If we do such an environment but currently our I think we ought to also say to those those things, we get to our ultimate hands are tied in certain circumstances due people at the local and State level, you accountability. The accountability is to restrictive federal law. We commend you can make the kinds of decisions rein student performance. Accountability for offering this important amendment and we urge your colleagues in the Senate to ap- garding discipline that are necessary in is not in answering to Washington. Ac- prove it. your culture and in your community countability is not answering to a bu- Sincerely, and in your setting to secure the class- reaucracy. It is not filing tens of thou- CARTER D. WARD, room and secure teachers. It is very sands of papers. Accountability is Executive Director, important that be done, and be done in whether our students can read and Missouri School Boards Association. ways that will help students. write, add, subtract, multiply, and di- Mrs. MURRAY. Mr. President, I yield The Missouri School Boards Associa- vide. It is whether our students are 10 minutes to the Senator from Massa- tion has talked to me recently about prepared for a technically demanding chusetts. these kinds of circumstances. They world, a workplace where, if they suc- The PRESIDING OFFICER. Without have given me some examples of what ceed with the right education, it will objection, it is so ordered. has happened in their school districts provide them with a chance to be world The Senator from Massachusetts. in the area of IDEA, discipline, and leaders; where, if we do not succeed and Mr. KERRY. Mr. President, I say to safety. Here is one, ‘‘Teacher Assault.’’ our educational skills languish, our my friend from Missouri, who I have

VerDate 27-APR-2000 02:05 May 04, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.098 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3313 listened to carefully—and I regret with first place, which are poor districts, to and does not at all need to have addi- only 10 minutes, I do not have time to ever be able to catch up. tional funding from the Federal Gov- yield and enter into a dialog, which I I will ask another rhetorical ques- ernment. We will simultaneously have would enjoy doing—first of all, I agree tion. If we are supposed to be giving stripped away from a school that is with what he just said about the capac- control to the people who effectively struggling to be good the very heart of ity of people to discipline. In fact, I have had control for all of these years, the money they need to make the dif- have proposed what we call Second why is the school system in America ference and improve. Chance Schools. In the legislation that doing so badly? We do not run it at the If we really wanted to help make a Senator GORDON SMITH and I proposed, Federal level. We have never run it, nor difference today, we would fully fund there is a component of it that would are we asking to run it. We are trying title I. That is the way we make a dif- help provide the capacity for that kind to provide an incentive for commu- ference in what is happening to the of discipline. But once again, because nities, which have never bought into schools that are not making it. We this is not a bipartisan process or one real reform, to buy into reform. If you would do so in a way that set an order that has been open to anything except look at the 1994 ESEA that we passed of priorities with respect to the key the point of view of the Straight A’s in a bipartisan fashion, you will see, as things we wanted to do. plan, we do not have the ability to de- a result of that legislation, standards I heard from the Senator from Mis- bate that or other things. now being put in place across the coun- souri the mirror reflection of what we I will also say to my friend from Mis- try, whole school reforms being put keep hearing from the other side. They souri, one has to ask a question. He is into effect, a whole series of measures keep saying: We do not want the Fed- talking about getting the capacity to with respect to testing and improve- eral Government dictating how to ap- the local people to be able to make the ments that are beginning to take hold. proach this. The fact is, the Federal choices. If the local people were so Have they reached the level that ev- Government does not dictate that. It thrilled with the proposal by the other erybody would like? The answer is no. offers a specific menu. The schools can side, why are they not supporting it? But we would never have had to try to apply for the menu of money or not The only entity that I know of that is make that kind of broad-based effort at apply, as the case may be. If they think supporting the legislation proposed by reform if, indeed, everything was work- they need money for smaller class size, they can apply for that money, but the Republicans is the Heritage Foun- ing so well because the local decision- nothing in the Federal budget orders a dation. makers were making the decisions that Mr. ASHCROFT. Will the Senator needed to be made. school to do that—nothing. It is a concept completely out of any yield? Equally important, the Senator from reality whatsoever for people to sug- Mr. KERRY. I do not have time. Un- Missouri was talking about raising the gest there is somehow this long arm fortunately, I am limited to 10 minutes standards of schools. that is telling them precisely what to now because of the time. I know in St. Louis or Kansas City, Mr. ASHCROFT. When the Senator MO, there are poor schools. I know in do. It is only suggesting the guidelines and constraints of what they have to asks a question of me, I would like to Atlanta there are schools that depend do if they choose to do what has been be able to respond. on title I money to adequately provide Mr. KERRY. Mr. President, I am ac- a cushion for what their lack of a tax established as a priority. Surely we can all agree that after- tually informing him at this point in base provides. Poor communities do school programs are a priority. Getting time, not asking him a question. I am not have a big tax base. Since schools guns out of schools is a priority. Drug- going to ask a rhetorical question be- are funded by the property tax, they do free schools is a priority. Having ade- cause, again, I do not have the time. not have the ability to put the money quate class size is a priority. Having But the fact is, the local entities that into the school system. That is pre- better teachers is a priority. I do not make the decisions, the State school cisely why the Federal Government be- understand why the Senate is incapa- officers, the secondary and elementary came involved in 1965 in title I in the ble of agreeing on a set of top priorities school principals, the teachers, the first place. The reason was to address that every school district in this coun- education associations—all of those the problems of communities that were try can name and then say we are folks are the ones who are supportive disadvantaged. going to find a way to hold them ac- of the Democratic alternative. Along comes this Republican bill countable, not after 5 years but next Second, I heard the Senator from with a provision called portability. I year, to see precisely how there is Missouri say why is it that—I guess it know the sponsors have spent a lot of funding money with respect to that was more than 50 percent of the people time saying this is not a voucher, and priority. who work in schools are outside of the the reason this is not a voucher is We are not going to tell them how to classroom? there is not a piece of paper that goes spend the money. We are not going to That is because we do not have to the parent which they take to an- order them to spend the money. They enough teachers for the numbers of other school. The school district man- can choose to do it or not do it, but we kids in the classroom. When you have ages the money. But it is effectively a are going to at least guarantee that one teacher teaching 35 kids, you begin credit voucher. It is effectively an indi- the country is going to spend its Fed- to change the proportion of who is rect voucher where a parent gets $400 eral dollars on those things that rep- working in the school system. I am to $600 of value for their child if they resent priorities of education. confident my friend from Missouri does want to take them somewhere else for This is hard for me to understand. not intend to have a school system a different kind of schooling. The bill proposed by the Republicans that does not have custodians, does not It sounds good and appealing, but it has no accountability for 5 years at all, have janitors, does not have schoolbus directly undermines the very concept and for all this talk of telling us that drivers, does not have people working that brought the Federal Government we want the local people to make the in the cafeterias. These are the people in the first place to help education, decision, it plunks the entire pot of ‘‘outside of the classroom.’’ which is, if a school has a group of dis- money in the hands of the Governors. What we really need to face is the advantaged kids, by providing assist- That is not local decisionmaking; that reason the proportion is out of whack, ance based on the number of kids, on is just playing to the politics of the which is that we will need 2 million the conglomerate need of that commu- State, and the people most powerful new teachers in America in the next 10 nity, we can help lift the school so the and with the greatest lobbying capac- years. We will need a million of those school can become a great school and ity will go back to the old order and teachers in the next 5 years. At the teach those kids. the Federal priorities will be by the current pay level, without the capacity If we provide a per-disadvantaged- wayside. of the Federal Government to assist in pupil stipend, what we will do is, in We are somehow not connecting. It is reducing class size, it is going to be ex- fact, reward kids who may be poor the first time in all the years of this ceedingly difficult for the very dis- themselves but who go to a good bill that there has been such a partisan tricts in which the Federal Govern- school, a school that is not disadvan- bill and such a disconnect in an effort ment got involved in education in the taged, that has an adequate tax base to meet the needs of our Nation.

VerDate 27-APR-2000 02:05 May 04, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.100 pfrm09 PsN: S03PT1 S3314 CONGRESSIONAL RECORD — SENATE May 3, 2000 I close by saying there was a terrific manding, and that is a better edu- While the Federal Government does ex-general who was the superintendent cation. not hold all the answers, and certainly of schools for 3 or 4 years in Seattle, In fact, one of the only and certainly does not hold the purse strings for the from where the Senator from Wash- the most notable change included in bulk of education spending, there is a ington came. He did an extraordinary the Democratic proposal eliminates clear role for leadership and technical job and was beloved by all. He said: funding for many small and rural assistance as schools lead the way to- There are no libertarians, no Repub- schools under title IV, the safe and ward academic improvement for all licans, no Democrats, no conservatives drug-free school section of ESEA—sim- children. or liberals among the kids in our ply writing off communities that under Right now, the Federal Government schools. We ought to get the ideology current law receive grants that I have provides 7 percent of the money—just 7 out of this process and put the kids to admit are too small to fund any percent of the money—in education first. If we do that, I am confidant we meaningful initiatives. It is not a pro- and requires over 50 percent of the pa- can have a solution. ductive solution. Our bill fixes that perwork. Yes, to check on those funds The PRESIDING OFFICER. Who problem, instead of dismissing it, with that we give away, we inundate prin- yields time? a new rural flexibility initiative. cipals and teachers with tons of unpro- Mr. JEFFORDS. I yield the Senator The other side of the aisle talks ductive proof. Our bill requires less pa- from Wyoming as much time as he may about their desire to get the money to perwork and makes it count. More consume within our limits. the poor kids. On behalf of the Gov- could and should be done to reduce pa- The PRESIDING OFFICER. The Sen- ernors of this country, I have to object perwork. ator from Wyoming is recognized. to some of the accusations made On this reauthorization we are talk- Mr. ENZI. Mr. President, today I rise against them today. Education innova- ing about, everybody seems to agree we in strong support of the original com- tion has come from the Governors of have a failed system out there, or at mittee bill, the Educational Opportuni- this country. Their States have been least one that definitely needs im- ties Act of 2000, which will reauthorize the laboratories for this country. provement. I hear that from the other for another 5 years the Elementary and We have used some of the things they side of the aisle. I have to say, the Secondary Education Act of 1965. We have suggested, and they have worked. other side of the aisle was in the ma- now call it ESEA. They are light years ahead of the Fed- jority the last five times this bill was I especially applaud my fellow mem- eral ESEA. They are the ones on which authorized. They settled for less than 7 bers of the Health, Education, Labor, we rely. And we are saying, do not percent of the funds and 50 percent of and Pensions Committee, particularly trust those Governors with any money? the paperwork. We tried it their way. Senator JEFFORDS, and also Senator In my State, we have State equali- Everyone has said we need change. The GREGG, Senator FRIST, Senator HUTCH- zation that takes a whole bunch of committee bill is change. Let’s try it INSON, and Senator COLLINS for their these problems that have been laid out our way once. unusual dedication and the hours they here and forces the rich districts to Our bill essentially provides three op- spent working on this bill and working provide for the poor districts so every tions of Federal support for State and with every single member of the com- kid has an equal chance. We provide for local education initiatives, as decided mittee. that to be taken to court regularly to by local communities. The variation I congratulate the committee for make sure it still meets all the guide- between States’ economies, geography, constructing a bill that contains a new lines of an equal education. student-body composition, and position recipe of support for our children as I have to tell you, ‘‘equal’’ refers to on the ‘‘academic achievement’’ spec- they embark on their educational jour- buildings, too. So when I hear some of trum warrants an improvement in how ney. I am very interested in this edu- these things about needing school con- the Federal Government can be most cational journey. My oldest daughter is struction, that is something that is helpful to each State’s unique needs. a teacher in Gillette, WY, an out- being forced to happen in Wyoming so For example, States that have a self- standing teacher of English for seventh all kids have a good place to go to sufficient internal infrastructure and ninth graders. She goes the extra school. That was a Republican initia- through which they are able to provide mile every day to make a difference in tive by a Governor. local schools with high-quality tech- these kids’ lives. I want to do every- State accountability. Our State be- nical assistance are not dependent on thing I can to help. lieves in measuring the achievement of the Federal Department of Education We are an education family. My wife the kids, knowing how the kids are for that kind of support. Those States has been involved in education. She doing. It isn’t important for the dis- have been wrestling with the regi- just received her master’s degree in trict to know how the kids are doing; it mented requirements the Federal pro- adult education from the University of is important for the parents to know grams currently demand, despite their Wyoming by Internet while she was how the kids are doing, so the parents ability to not only do it themselves, here in Washington with me. That is a can be more involved in the education but for the States to do it better. major challenge, using some of the new of their kids. They even have report As a good-faith act of Federal leader- technology in education in Wyoming cards they send home that evaluate the ship on education improvement, we today. It is what we can do to help whole school to see how the school is need to accommodate and support the kids, wherever they might be, to get a doing. progress of States that has outgrown good education. That is the goal, and This substitute that has been laid the 35-year-old model of ESEA. This is we do understand that goal, and we do down again is an unfortunate example new and, therefore, untested ground. work toward that goal. of resistance to acknowledging and ac- But isn’t that what learning is? It is Unfortunately, the pending amend- commodating the differing needs time for all of us to get educated and ment offered by the minority leader on among communities and schools. to make room for improvements and behalf of his Democratic colleagues Wyoming cannot be the only State innovations in our kids’ education. does not seek to address the real aca- that has a unique way of doing things, So the first piece of the underlying demic needs of our children. The which is why I am so pleased that the bill is a demonstration program for up amendment is virtually a mirror image underlying bill does reflect a fresh look to 15 States to break from the title-by- of the status quo. at the Federal role in education. This title categorical programs under ESEA Earlier today, somebody said if the is a priority issue for voters because and develop new proposals for exe- Republicans could not use the words they are concerned with our historic cuting excellence in education. ‘‘status quo,’’ we could not debate. In lack of concern for their specific needs. While the 1994 reauthorization of this instance, that would be true. The With this bill before us, we finally have ESEA tacked sharply in the direction proposal does not reflect an investment the opportunity to honestly say we of measuring what kids learn through in understanding where the Federal have listened and have moved away the end of the day through standards role in education has failed our chil- from the stalemate of entrenched and assessments rather than solely dren; therefore, the proposal lacks the Washington to the solutions of the fu- concentrating on how they are learn- payoff our children and parents are de- ture. ing, this demonstration program,

VerDate 27-APR-2000 02:05 May 04, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.102 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3315 called Straight A’s, tests that model by sionals, but the shortage that will af- the State’s charm and its integrity, allowing States to implement an edu- fect our future the most is that of but it also means that Wyoming uti- cation plan completely outside the cur- teachers. lizes and, in fact, relies upon technical rent input requirements of ESEA. For a small State such as Wyoming, assistance provided by the Federal De- Again, though, the sharp distinction is which in the first year of the Class Size partment of Education. That is still in that those States will be held account- Reduction Program required a waiver here. We don’t want the same kind of able for high standards of student because we could not even meet the education that Massachusetts provides. achievement in exchange for such free- consortia title—we had already met We know our kids can be as well edu- dom with Federal tax dollars. the requirements for class size reduc- cated but not the same way as the kids The second option under the bill was tion. We had provided another amend- in California. I can assure you we don’t developed in partnership with the Na- ment that would allow you to group want somebody in Washington, DC, de- tional Governors’ Association. In an- some of that under a waiver. We could ciding how we will do things. When you other new proposal for improving edu- not even meet that requirement for eli- take away the titles under current law, cation, States will now be able to enter gibility, so the committee version of you also take away the technical as- into education performance partner- ESEA makes good sense. sistance that goes with them. To be ships with the Federal Government. Also, a notable modernization of the clear, Wyoming hates the paperwork This program will require States to de- current law approach is the new Rural and the bureaucracy as much as I do. velop a plan similar to the Straight A’s Flex Initiative. To quote from the com- But while we are making progress on education and achievement plan to sig- mittee report: getting that in check, we cannot throw nificantly increase student perform- The purpose of this part is to provide ade- out the baby with the bath water. ance over a period of 5 years. The dif- quate funding to rural school districts to en- Whether it be manuals, guidelines, pro- ference between this option and hance their ability to recruit and retain tocols, research-based models on teach- Straight A’s, however, is that States teachers, strengthen the quality of instruction, and improve student achievement. ing methods, or the human resources will be required to maintain the tar- that are the good side of Federal assist- geting of title I to specifically serve The provision would allow rural ance in educating our kids, Wyoming is the low-income and disadvantaged chil- school districts with enrollments of using it. dren those dollars were historically in- fewer than 600 kids to pull funds from tended to help. titles II, IV, and VI to spend on local About 5 years ago, Wyoming gath- While I support the innovation, flexi- improvement initiatives that—and this ered its stakeholders in education, bility, and commitment to meaningful is important—would enable the small from parents and teachers to adminis- accountability those two new options schools to offer their kids programs trators and legislators, and they devel- represent, my home State of Wyoming and activities of sufficient size, scope, oped a plan to bring our kids to the top is actually best served by the third and quality to have a significant im- of the charts. A new system for report- piece of the bill. Under the third op- pact upon student and overall school ing to parents on statewide, school-by- tion, States can choose to remain performance. school progress is up and running. under the existing categorical and title In Wyoming, there is such a thing as While it is a rocky road, new, chal- structure of the current law. qualifying for a $200 grant, based on lenging, State content standards are Make no mistake, there have been current formulas, to run a drug preven- near completion with assessment modernizations to the current law tion program. Well, $200 is not mean- mechanisms soon to follow. It takes a which are intended to make categor- ingful and it is not fair. So I applaud while to develop those, particularly in ical programs do a better job of serving my fellow rural Senator from Maine, a small State. You can’t say: Wyoming, the unique needs of States. That is an SUSAN COLLINS, for initiating this pro- have it next month or next year, with- improvement in the committee bill. I vision on behalf of all the kids in rural out providing unusually large dollars am sorry more was not done in further schools. to do it. It has been no small task to reducing the administrative burden as- I have to spend just a moment ex- get where we are and it has been, in sociated with the Federal education plaining why, despite how good part, predicated on Federal resources funds, but I believe we did make sub- Straight A’s and performance partner- available through the current struc- stantial progress in leveling the play- ships might be for some States, they ture of ESEA. I am not willing to pull ing field for small States and rural are not quite the right fit for Wyo- the rug out from under my constitu- communities; their education needs are ming. It is actually quite simple. Wyo- ents when the light is right there at just as important as urban needs. ming is small in population. We are the the end of the tunnel. Most notably, the supercategorical smallest population State in the That is why I am enthusiastic about program known as the Class Size Re- Union, with the second largest relative the options this bill contains. It is a duction Program—or 100,000 new teach- land mass per person. My county is the different way for everybody to do dif- ers—was evaluating and appropriately same size as the State of Connecticut. ferent things and make sure their kids authorized by the committee. That is just my county in Wyoming. are educated. While I don’t want to set I need not remind everyone that the The last census in that county, which back Wyoming’s efforts by ignoring program, while funded over the last 2 is 110 miles by 60 miles, recorded a current law—with improvements—as a years, was essentially an appropria- total of 33,000 people—two towns. The viable option for States, I also don’t tions rider and had never been consid- biggest one, which we call a city, had want to impose on States that can do ered before the HELP Committee. Now 22,000 people. The rest were spread over it better another way the structured the committee has assigned this pro- that huge geographical area. method of current law. gram to its rightful place in ESEA. It Resources are scarce, and therefore is part of title VI, the innovative edu- we focus on the basics of education. Earlier, there were some comments cation title. This is the funding source Simply, there isn’t the money, the in- about Ed-Flex. I have to take on a cou- States can use to accommodate exist- frastructure, or, necessarily, the incli- ple of those. I have heard a number of ing needs for which there are no other nation to get fancy. We even have sin- my colleagues contend that since only or insufficient resources as well as to gle-child schools. We have driving com- a few States have applied for Ed-Flex innovate outside the box of the other pensation for parents willing to drive so far, additional flexibility is not categorical titles under ESEA. If it is their kids to school because they are needed or wanted. more professional development, more the only child on a bus route 60 miles Fifty Governors signed a letter ask- reading excellence initiatives, or a new one way. We have school districts with ing for Ed-Flex. Now, with regard to teacher that a school needs, this is so few kids that the district super- Ed-Flex guidance, it wasn’t even issued where they can fund it. If you cannot intendent teaches classes. by the Department of Education and pay teachers enough to retain them, We are pioneers in compressed video sent to the States until November of what good is another slot? We have a classes to provide some variety in class 1999. The bill, as passed, was only 17 teacher shortage in this country. We offerings—but no teacher is in the pages when the President signed it into have a shortage among many profes- room with the student. That is part of law on April 29, 1999.

VerDate 27-APR-2000 02:05 May 04, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.104 pfrm09 PsN: S03PT1 S3316 CONGRESSIONAL RECORD — SENATE May 3, 2000 According to State education agen- Mr. REED. Mr. President, I come, We have language with respect to cies, the Federal Government has com- first, to say how I am strongly in sup- safe schools and afterschool programs plete control over the application proc- port of the Democratic alternative. It that are targeted to specific programs ess and the State must tailor its appli- does represent what is the appropriate that are going to aid the overall mis- cation to the Department’s guidelines response by the Federal Government to sion of States and localities. and expectations. Even the Department educational policy in the United The proposals that are emanating of Education wrote in a May 1999 States; that is, to find specific ways in from the Republican side move away memo: which we can help local schools and from the core principle of involving the States are strongly encouraged to refer to State systems improve education, with Federal Government in the first place the guidance before submitting their Ed-Flex a particular concentration on low-in- in elementary and secondary edu- applications to the Department. come students. That has been the em- cation, and to help disadvantaged chil- In addition to the guidance issue, of- phasis in Federal education policy dren who were systematically and con- ficials at the Department of Education since 1965. It is an emphasis that is sciously neglected by States and local- have informed the Nation’s Governors being severely diluted by the Repub- ities. That was the record up to 1965. that contrary to both their own guid- lican proposal. They moved away from that. Now the ance and the Ed-Flex law, written In this substitute, there are provi- approach is that we want to give the sions for strong parental involvement. along with Senator RON WYDEN of Or- States the money to do that without egon, they will only approve applica- In contrast, the Republican bill says respect, really, to an emphasis on edu- tions for States that are in compliance very little about parental involvement cation, and we want to give the States with title I requirements. The law, and and again leaves it to the States. It this money because the school systems the Department’s guidance, allow a provides funds for specific programs of America are failing. that used to be part and parcel of Fed- State to participate if it has made sub- Frankly, if the school systems of eral education policy, such as funds for stantial progress toward meeting the America are failing, if that is the libraries. But because of the inclusion requirements under title I—substantial premise of the legislation, you have to of block grants, we have seen those progress. ask yourself who is in charge of this Despite these rather significant hur- funds withered away. As a result, our failing school system? Frankly, it is dles, a number of States, including library selections in schools are abys- the Governors, the mayors, and the mal and anachronistic. It also provides Tennessee, Pennsylvania, Delaware, schools throughout this country. The real accountability for results. Federal Government contributes about and others, have been working on their This is another issue that I think dis- applications for months. Tennessee 7 percent of resources; 93 percent of the tinguishes our proposal from the Re- resources are provided by States and submitted its application in early publican proposal. There is talk about April. North Carolina has also sub- localities. accountability in the Republican pro- One of the most decisive factors of mitted its application. posal but no real accountability. It When Congress passed Ed-Flex, we educational policy in the United States states that the Governors get to select has nothing to do with Washington. It did not expect every State to take ad- the standards they want to use to vantage of the new law, but we did is reliance on the property taxes, ex- measure their progress. It is only after clusively a local idea. It is exclusively think it was important that every 3 or 4 or 5 years that there is any real State be afforded the opportunity to a local initiative. Teachers who go into examination of what is going on. the classroom are not certified by any utilize the flexibility available under At the end of that time, the idea that Federal agency. They are certified by the law to support innovation and cut a Secretary of Education—any Sec- States and localities. School construc- through Federal redtape. retary of Education—would take away tion is controlled by States and local- The Senate is currently considering all the funds or a significant number of ities. These are decisive factors that several other proposals for increased funds from a State is, to me, somewhat flexibility that will be available to attenuated. But, in addition, because influence policy in the country. If you States, at their option. Because every the criteria for such Secretarial action presume that we are here today chang- State will not choose to participate, is so vague and amorphous, there ing our system because education is however, does not mean the policy is would be very little legal justification failing, why in God’s name are you unnecessary or a failure. Some States to do something such as that. simply going to give the money with- will choose to utilize the new authori- In effect, the accountability provi- out conditions to the people who are ties and some will not, but all States sions are really not accountability pro- presiding over this? should have the opportunity. The Fed- visions. In the last reauthorization in I don’t think we are speaking about eral Government should not stand in 1994, and in Goals 2000 of that same educational failure. We are speaking the way of States that want to inno- year, I fought for very tough account- about some limited progress over the vate and reform to meet the specific ability standards—accountability not last several years as a result of some needs of their own children. only for the student performance but Federal initiatives. But, frankly, be- I remind you again that the States also for the resources going into cause of lots of local initiatives, be- have been the laboratories for innova- schools. We fought back and forth, and cause there is a partnership now be- tion, not the Federal Government. The the opposition, particularly of the Re- tween States, localities, and the Fed- bottom line here is accommodating publicans, was vehement. We managed eral Government with respect to many success in every State for every child. through compromise to come up with programs of innovation, starting with I think that is a tall order, but I think provisions that were included in the Goals 2000 and embedded in the 1994 re- we have filled it with the committee legislation. But in 1995, with the ad- authorization of the Elementary and bill. The opponents of choice and inno- vent of the Republican Congress, those Secondary Education Act—in fact, vation do not have a healthy under- tough accountability provisions were searching for a metaphor to try to cap- standing of our role. I suggest that ev- quickly stricken from the legislative ture what I think the other side is sug- eryone look out across the country, record. As a result, this accountability gesting, it seems to me, if you were a and then look in their backyard and, issue suggests, with respect to the Re- police officer proceeding on a highway only then, come here and argue that publican proposals, that it is more su- and you saw an automobile careening there is no variation needed for our perficial than substantive. out of control, recklessly driven, vio- children. I won’t assume to argue We, alternatively, also have provi- lating the rules, failing to abide by the against the needs of any other commu- sions to help professional development standards we expect for driving, and nity. I simply ask the same of my col- because we recognize that this is not you pulled that car over, went up, leagues. I yield the floor. only a local problem; this is a national looked in, and saw a driver and some- The PRESIDING OFFICER (Mr. problem, and we want to help States one in the backseat, then you turned to VOINOVICH). The Senator from Wash- and localities. They are the key guard- the backseat driver, and said, you ington. ians of access to the classrooms and caused of all of this, that is essentially Mrs. MURRAY. I yield 8 minutes to teachers. We want to help them im- what the Federal Government has been the Senator from Rhode Island. prove professional development. doing in some respects.

VerDate 27-APR-2000 02:05 May 04, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.107 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3317 Yes, we are part of this voyage, if have disadvantaged children that are and the Senator from Georgia has 6 you will, of educational policy. But unlikely to graduate from high school minutes. with 7 percent of the effort, with a lim- if they are in high-poverty schools in Mrs. MURRAY. Mr. President, I yield ited role, we are, at best, backseat the inner cities. Children in high-pov- 10 minutes to the Senator from New drivers. No one would suggest that the erty schools score two grade levels York. reason the car is failing to operate below their peers in high-income Mr. SCHUMER. Mr. President, I properly is because of who is in the schools when it comes to math and thank the Senator from Washington backseat. It is who is doing the driving; three grade levels when it comes to not only for yielding the time but for that is, the States and localities. reading. her leadership on this issue. I am so Our approach is to recognize that Again, the problem is not a lack of proud of the package that she and the they are, in fact, in control; that we ability. These children have all the Senator from Massachusetts have put can collaborate with them; that we ability in the world. The problem is together under the sponsorship of our can, in fact, provide resources in areas that we are not meeting their needs. minority leader, the Senator from where they either don’t do it or do it We can continue down the path we South Dakota. insufficiently. followed during the past 35 years—a I think this debate is one of the most That is the heart of what we are path paved with good intentions but important debates we will have on the talking about today—to build on the not producing good results. floor of the Senate. It is the issue of very real progress we have made over We can try a new approach. We can education about which we probably the last several years but recognizing try to be innovative. We can get away need to do the most. America is in very that this progress is insufficient. from the ‘‘Washington knows best’’ ap- good shape overall, but the greatest I urge that we get back to the busi- proach, and empower local school trouble spot on the horizon is the fact ness of proper Federal educational pol- boards, teachers, and parents to work our educational system is not up to icy, supporting innovation where it together with State education officials snuff. You can’t be the No. 1 economy works, overcoming inertia where it to make a real difference in the lives of with the No. 15 educational system in hobbles education reform, specifically these children. That is what our Re- the world. targeted ways in which we can help lo- publican bill would do. This debate presents two stark calities improve the quality of edu- I point out again that no State is choices. The Republican bill, S. 2, basi- cation for all of our systems with a forced to accept the increased flexi- cally revolves—and I use the word ad- particular emphasis on disadvantaged bility in designing programs using Fed- visedly—around block grants, vouch- American students who need more than eral funds. If a State is content with ers, and an alternative approach, which what they get without the Federal sup- the status quo, if a State believes that I am proud to have worked on with my port. its schools are delivering the best edu- colleagues on this side of the aisle. I yield the floor. cation possible, it can continue with Again, I want to particularly salute my The PRESIDING OFFICER. The Sen- the status quo. It can continue along colleague from Massachusetts and my ator from Maine. the path of receiving Federal funds, at- colleague from Washington for their Ms. COLLINS. Mr. President, the one tached with Federal strings, attached leadership, as well as my colleagues thing that is certain is that every with paperwork, and tied up with red- from New Mexico, Iowa, and Con- Member of this Chamber is committed tape. If that works fine with a State, necticut, who worked on this so dili- to improving public education in then a State can continue with that gently. America. In America, we differ on how system. The block grant approach is a two- to accomplish that goal. But a second alternative is for a way street of folly. From the congres- Over the years, we have enacted Fed- State to enter into what is known as a sional standpoint, it is an abdication of eral program after Federal program. performance partnership. responsibility. We send blank checks to There are dozens of Federal programs Under this approach, a State would the State and wash our hands of the on the books, all in the hope of nar- have more flexibility in spending Fed- educational crisis. Waste always ac- rowing the gap in achievement between eral dollars and can consolidate some companies block grants. We learned low-income students and high-income Federal programs as long as the State this in area after area when we gave students. All of us want to narrow that can show improved student achieve- the money to local politicians who had achievement gap. ment. not done a good job. It is also enthu- Each and every person here is com- Under the third and most innovative siastically contradictory. My col- mitted to providing an equal edu- approach, 15 States would be allowed to leagues on the other side say our sys- cational opportunity to every child in participate in what is known as the tem isn’t good enough. It has been in America. But we have to look at the Straight A’s Program. Under Straight the control of local school boards. record. We have to look at the facts. A’s, a State would have great flexi- What are we doing? We are giving When we evaluate in what direction we bility in combining Federal funds to more money to local school boards, no should go, we have to look at from meet whatever is the greatest need of strings attached. where we have come. that community. If you think our educational situa- The fact is that after 35 years and The needs differ from community to tion is in great shape and needs a little $120 billion spent on Federal education community. One community may need more money, you do a block grant. I, programs aimed at the disadvantaged, to hire more math teachers. Another for one, don’t think just giving a little we have not achieved the goal of ensur- may need to concentrate on improving bit more money to the status quo is ing that children in high-poverty reading skills. Still a third may need going to improve our system. Block schools receive a good education. We to upgrade the science labs. The needs grants are an abdication of our respon- know that children from poor families are not identical from community to sibility to set national goals and figure have just as many brains as children community. Straight A’s recognizes out what programs work. When we sep- from wealthier families. We know that this and would allow a State to choose arate the taxing authority from the they have all the ability in the world. to consolidate Federal funds to meet spending authority, as in a block This is not about aptitude. It is not the greatest need of that community. grant, unless you have some restric- about the ability of these children. The That is what this debate is about. It is tions, it is a formula for waste because debate is whether or not our current about trying a new approach that could it is free money. education system has served them well. help ensure a brighter future for the I am utterly amazed my conservative The evidence suggests overwhelmingly disadvantaged children of America. friends on that side of the aisle are for that in too many cases our schools are That is our goal. a fundamentally profligate concept— failing these children. I yield the floor. free money, no taxing authority, no Let’s look at the statistics. Seventy Mrs. MURRAY. How much time re- strings attached, do what you want. percent of children in high-poverty mains on both sides? The issue is not the Federal Govern- schools scored below even the most The PRESIDING OFFICER. The Sen- ment dictating in a block grant be- basic level of reading. Seventy percent ator from Washington has 32 minutes cause we are not dictating. If you don’t

VerDate 27-APR-2000 02:05 May 04, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.109 pfrm09 PsN: S03PT1 S3318 CONGRESSIONAL RECORD — SENATE May 3, 2000 want the money, you don’t have to vital need to have a qualified teacher commit to obtain teacher licensing and take it. If you don’t want to improve in every classroom. We guarantee funds agree to teach in a ‘‘high need’’ area— teacher quality, don’t take the money. to communities to recruit qualified those regions with high poverty and a I agree with some on the other side teachers. That is the greatest crisis, in high number of uncertified teachers. that we have had too many mandates. my judgment, that education faces. My proposal would require new But we are not mandating here. There Last night, I mentioned on the floor teachers to have an academic or work is not a mandate at all. more than half the teachers will retire related concentration in the subject in To say the National Government, in the next 15 years. For math and which they intend to teach. When so which has the responsibility of leading science, even in affluent districts, we much is riding on a teacher’s ability us into the 21st century, should not set have a great deal of trouble finding and mastery, it is unacceptable that any goals—and again, give money to teachers now. If we could only accom- one-fourth of the math and science the very local districts we are criti- plish one thing, if we could make only teachers in 1998 had not majored in the cizing for not doing a good enough one change to our schools to raise qual- field they were teaching. job—no strings attached, to me is ut- ity, in my judgment, it would be to im- The deal would be one year for every terly devoid of reason. prove the quality of our teachers, make $5,000 in assistance received. The I ask my colleagues on the other side the teaching profession more attrac- awards would not exceed $20,000 and a of the aisle and some on this side of the tive to young people and mid-career portion of the scholarships would be re- aisle to examine the principle of block professionals alike. served for shortage subject areas, such grant. Don’t let your anger at Federal In the past, we were able to attract as math, science and special education. control, which in some cases, in my teachers of high quality because we The total federal contribution would be judgment, is justified, mar your ability had set cohorts of people who went into $500 million over five years. to see that a block grant makes no teaching. Depression babies in the 1930s Some states are already leading the sense. It is an abdication of account- and 1940s wanted a secure, if not a well- way; Massachusetts runs a Tomorrow ability. paying job; women in the 1950s and Teachers Scholarship Program, Mis- My colleagues have talked very well 1960s who had no other opportunities, sissippi supports a Critical Needs about the 5 years of complete freedom and in the late 1960s and early 1970s, Scholarship Program. States are inno- to do what you want. The result is my generation, had young men who vating in a time of great need. Federal flawed because States only have to went into teaching because they were dollars should be used to replicate this demonstrate statewide performance, given draft preference. on a broader scale. effectively allowing States to ignore Today, however, to choose to teach is In addition, my amendment also pro- failing schools. We focus on a few to choose to sacrifice, at least eco- vides local districts money to set up schools that excel and bolster the nomically, as fulfilling a job as teach- mentoring programs for new teachers. State average. ing is. Teacher salaries could not com- $250 million over five years to ensure Under this proposal, States could use pare with other possible options facing that the best local teachers will be Federal funds for any educational pur- college graduates. Over the past 4 trained to evaluate and guide new pose under State law. As we discussed years, salary offers for college grad- teachers during their first critical during yesterday’s debate, what was uates in all fields have grown at twice years in the classroom. then a title I State block grant of 1965, the rate of those for new teachers. We want to attract qualified, moti- studies demonstrate educational pur- Computer programming, $44,000; ac- vated, committed new teachers and poses can be band uniforms, swimming counting, $37,000—these are starting provide them the resources to stay pools, sewage disposal. I talked about salaries—market research, $34,000; a teaching. that last night and won’t go through paralegal, $45,000; teaching, $26,769. Currently, only 12 states pay veteran those arguments again. For the millions of young men and teachers to be mentors. We’ve just got If my colleagues like block grants, women who would consider the ideal- to do better than that. they would be better off going by con- istic profession of teaching young peo- So, the choice seems to me to be sim- servative principles and not having the ple—I have done it, not as a profes- ple. Do we provide federal dollars to do block grant but reducing taxes by that sional, but when I have been invited as the hard work of ensuring quality, amount. I, for one, don’t like sepa- an elected professional to teach eighth standards, accountability? Or do we rating the taxing authority from the grade social studies in Cunningham just walk away? I think the answer is spending authority. That is as conserv- Junior High school or 12th grade Amer- just as simple. ative a principle as we are going to get. ican History in Madison. Mrs. MURRAY. Mr. President, how Fortunately, we don’t have to go Just one other point on the teacher much time remains on the Democratic down the path of a block grant. The crisis. We face a teacher shortage of side? Democratic alternative targets scarce 750,000 teachers. One-third of the Na- The PRESIDING OFFICER. Twenty Federal dollars to the Nation’s most tion’s teachers are eligible to retire in minutes. important priorities: Teacher quality, the next 5 years. The largest number of Mrs. MURRAY. Mr. President, I yield high standards for our children, ac- teachers is about 49 years old through 8 minutes to the Senator from Iowa. countability for students in school per- 55 years old. We desperately need new The PRESIDING OFFICER. The Sen- formance, safe and modernized schools, teachers. ator from Iowa. smaller class size, technology, and pa- I have been working on a program, Mr. HARKIN. Mr. President, the rental involvement. Under our pro- which is included in this alternative, to issue before us really is whether or not posal, schools would be required to en- address the shortage and quality con- we are going to change gears on edu- sure that all students meet or exceed cerns through a teacher scholarship cation. The Republican bill changes State proficiency standards within 10 program: Inviting New Scholars to Par- gears in reverse. It puts us in reverse. years. We prevent States from masking ticipate In Renewing Education, called The Democratic alternative offered by an achievement gap by requiring INSPIRE, a brilliant work of an acro- Senator DASCHLE puts us in a forward schools to determine academic nym by my staff. gear and moves us ahead into the 21st progress by using disaggregated stu- Under this proposal, the federal gov- century. dent performance data. ernment would pay 80 percent of the I want to cover basically one issue Under our proposal, we build 6,000 costs of awarding annual INSPIRE that is encompassed in the Democratic new centers, giving 1.6 million school- scholarships to highly qualified high alternative. If that alternative is not age children access to before-school school seniors, undergraduate students adopted—I assume by the party-line and after-school programs. Under our and college graduates/mid careers in- votes that are being held on education proposal—this is the part I will dwell terested in committing to teach. this year it probably will not be—I will on because the Senator from Massachu- In exchange for having educational be offering an amendment, hopefully setts has enabled me to play a little bit expenses (either college, graduate tomorrow or the day thereafter, on an of a role in this, along with the other school or an alternative certification issue about which the American people proposals—we recognize the urgent and program) paid for, awardees would are really concerned when it comes to

VerDate 27-APR-2000 02:05 May 04, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.112 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3319 elementary and secondary education. were faced with—no more title XII, no understand the amendment offered by That is the issue of our crumbling more authorization to provide grants the Senator from Washington, Mr. schools and what is going to be done to schools, while at the same time GORTON. I certainly understand it was about them. USA Today the other day President Clinton sends the budget written to ensure that the Straight A’s pointed out that 89 percent of the down earlier this year and there is $1.3 provision cannot be used to divert American people ranked education as billion in the President’s budget for funds for private school vouchers. The the most important issue. That is why grants to our local schools to rebuild Office of General Counsel at the De- this debate is so important and why and modernize. partment of Education has reviewed the elementary and secondary edu- The President requested $1.3 billion, the language and informs me they are cation bill is so important. and the Republican bill we have before concerned that, because of the con- When you talk to the American peo- us strikes the authorization to allow us voluted approach this language takes, ple about what their concerns are, they to do that. it would be very difficult to sustain in talk about things such as smaller class So I will tell you, at about this time court an interpretation that vouchers sizes, better qualified teachers, better President Clinton is in Davenport, IA, are prohibited by the amendment. paid teachers, better accountability— to continue his push for legislation to Quite frankly, a direct prohibition in all the issues we talk about in our al- modernize our crumbling schools. But this amendment could have resolved ternative. But the one that comes up the pending bill cuts that effort off at that concern. For that same reason, every single time is the state of our the knees by repealing title XII. The the author of the amendment chose not schools, how bad they are and how they amendment we have before us, the to do so. The underlying bill, through are crumbling down around us. Daschle amendment, reauthorizes and its child-centered program, also known Two years ago, in 1998, the American amends title XII. It authorizes $1.3 bil- as portability, clearly authorizes the Society of Civil Engineers—not a polit- lion to make grants and zero-interest use of funds for what are, in effect, pri- ical body—issued a report card on the loans to enable public schools to make vate school vouchers. status of our physical infrastructure in urgent repairs, to fix the leaking roofs, The amendment offered by the Sen- this country: The roads, the bridges, repair the electrical wiring, or fix fire ator from Washington does not purport mass transit, aviation, waste water, code violations. to change that program at all. There- dams, solid waste, and schools. Schools What I am about to tell you has hap- fore, notwithstanding any interpreta- pened in the State of Iowa I am sure is was the only one to receive an F. It is tion of the amendment on which we are true in almost every State in this Na- the worst part of our physical infra- about to vote, we would continue, action. The Iowa State Fire Marshal re- structure in America according to the cording to the general counsel’s belief, ported that fires in Iowa schools have American Society of Civil Engineers. to have a private school voucher pro- increased fivefold over the past several Three out of four, 74 percent, of our gram. years. Why is that? Because they are schools were built before 1970. Here it I believe it is probably marginally old schools. The wiring is old. They are is right here; 74 percent were built be- better in terms of reducing the possi- catching on fire. It is true in every fore 1970. Half our schools were built bilities of a voucher than exists in the State in the country. over 40 years ago. Here is something else. I say this to bill. I urge my colleagues, even with You have to wonder. When the nicest my friend from New York. Most people this hesitation, to support the amend- things our kids see as they are growing say this cannot be so, but it is so. ment. up are shopping malls, movie theaters, Twenty-five percent of the schools in For the last few minutes, I will go and sports arenas, and the worst things New York City are still heated by coal. back to the comparison of the account- they see are the public schools, you One out of every four public schools in ability provisions of S. 2 and the have to wonder what kind of message New York City is heated by coal. Talk Daschle bill. I will mention seven dif- we are sending to them about the value about old fashioned. Talk about the ferent areas. I want the attention of we really place on their education. need to modernize and upgrade. those on the other side so they can ad- We have had, in the Elementary and In closing, we have a lot of needs for dress it, which they did not do over the Secondary Education Act, since 1994, elementary and secondary education, course of this day. title XII. That was put in with bipar- but one need that must be met on a na- Must States dedicate funds specifi- tisan support, I might add, in 1994, to tional basis is fixing, repairing, and cally for turning around failing provide for grants to local school dis- modernizing our crumbling schools. schools? tricts to repair, rebuild, and modernize The Daschle amendment does that. Under S. 2, the answer is no. Under their schools. I have been fighting on That is why it needs to be supported. the Daschle proposal, the answer is this issue for 7 years. Finally we had If the substitute amendment is not yes. Under title I, they have to allocate gotten the attention that this was a adopted, I will be back with an amend- 3 percent in the years 2001 and 2002 and national problem—not just a local ment to amend title XII to provide the 5 percent for every year after so there problem, a national problem. It is na- $1.3 billion President Clinton asked for will be funds available in the States to tional because in some of the poorest in his budget. Our local school districts turn around failing schools. Our answer school districts where they do not have need this national help. is yes; their answer is no. the tax base to raise the local reve- I yield the floor. Must schools show annual gains in nues, that is where you have the real The PRESIDING OFFICER. The Sen- student performance? problems. So it is a national issue, not ator from Washington. The answer for S. 2 is no. In our legis- just a local issue. Mrs. MURRAY. Mr. President, I yield lation, the answer is yes, States have a It is one where we can help local 10 minutes to the Senator from Massa- period of time to reach proficiency in school districts without being involved chusetts. As I do so, I thank him for his 10 years for all children, but they have in curriculum or taking over local con- tremendous leadership on our side on to define how they are going to get trol. This has nothing to do with that. the issue of education and making sure there. We let them do it, but they must I will tell you this: If you talk to local all children, no matter where they are meet the benchmarks along the way. property taxpayers in any school dis- in this country, have the opportunity We define it and hold States account- trict, talk about how burdened they to learn. It is represented in this able; they do not. are, and ask them if they want another amendment which he has had such an Is there any assurance of real ac- increase in their property taxes to re- incredible part in drafting. I thank him countability? Do failing schools face build and modernize their crumbling for that. I yield him 10 minutes. any real consequences? schools, they will tell you they cannot Mr. KENNEDY. Mr. President, I As we have pointed out time and do it. That is why it is a national prob- thank my good friend, the Senator again, there is virtually no account- lem and needs a national answer. from Washington, for her comments. I ability for the first 5 years under S. 2. We had title XII and guess what. yield myself 8 minutes. We are going to The answer to that is no. Under the When we finally got the bill to our have two votes in about 20 minutes. Daschle bill, after 2 years, there has to committee, title XII had been struck, In closing this debate, I want to en- be changes that the schools will take just done away with. That is what we sure my colleagues in the Senate fully part in or otherwise, after the 4 years,

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.114 pfrm09 PsN: S03PT1 S3320 CONGRESSIONAL RECORD — SENATE May 3, 2000 the whole governance of that school native. That is a Marshall Plan for This bill also improves the Safe and will be replaced. There are funds for change, and I urge my colleagues to Drug Free Schools Program by increas- that, and there is the commitment support it. I yield back the remainder ing accountability. While requiring spelled out in our legislation to do it. of the time. that Safe and Drug Free money be used Is accountability based on the per- Mr. JEFFORDS. Mr. President, how for effective programs, S. 2 also gives formance of all students, including much time does the majority have? States and local school districts poor children and limited-English-pro- The PRESIDING OFFICER. The ma- enough flexibility to design programs ficient children? The answer under S. 2 jority has 6 minutes, and the minority that will prevent violence and drug is no. The State can choose what chil- has 4 minutes. use. dren—this is the unbelievable part. I Mr. JEFFORDS. Mr. President, I join The bill provides Federal leadership reviewed this in the RECORD yesterday. my colleague from Massachusetts in and significant Federal funding for Under S. 2 requirements, they can se- urging everyone to vote for the Gorton education technology. The current edu- lect or choose which children they are amendment. However, I urge them to cation technology programs have made going to put in the aggregation to re- vote no on the Daschle amendment. a significant difference in fostering the port back to the Secretary of Edu- The distinguished minority leader has effective integration of technology into cation. It is a shell game. offered objections to S. 2, and we agree the curriculum. The programs author- Under the Daschle bill, there is a re- that it is not perfect, but S. 2 does en- ized under S. 2 build upon the strengths quirement for disaggregation not only sure that the Federal Government proof the current law and enhance the in school districts but in schools on vides leadership and support in areas educational opportunities in tech- race and income, so we will know actu- where there is a critical need for help. nology available to teachers and stu- These areas include title I, education ally what school, not what school dis- dents across the country. S. 2 preserves for the disadvantaged; safe and drug- trict, not just a general area, but we an important role for the Federal Gov- free schools; bilingual education; and will know that every single year this ernment in education technology. It in- education technology, to name a few. cludes a number of changes offered by legislation is in place. S. 2 maintains and strengthens the Do schools and districts face con- Senators from the other side of the title I reform process begun in 1994 sequences if they fail to help poor chil- aisle which, in my view, improve and with the enactment of the last ESEA strengthen the education technology dren, minority children, and limited- reauthorization which required the es- English-proficient children learn to provisions in the underlying bill. The tablishment of high standards and the education technology program is a high standards? development and implementation of as- The answer under the Republican bill good one—it should not be abandoned sessments designed to measure is no; under ours it is yes, for the rea- by adopting the Senator Daschle progress towards those standards. amendment. sons I have identified. The deadline for adopting standards Is there a sensible requirement ena- This bill also improves bilingual edu- was 1998, and the deadline for adopting cation. Recently, rural communities bling students in failing schools to assessments is in the school year 2001– transfer to higher-quality schools? throughout this Nation have seen tre- 2002. mendous growth in the bilingual stu- The answer in the Republican bill is A bipartisan group of educators, virtually no. They can use the whole dent population. S. 2 includes provi- known as the Independent Review sions that will enable these rural com- amount of money for transportation. Panel, which was created under the We challenge them. Show us where the munities to receive funds from this 1994 law to review federally funded ele- program. At the same time, ensuring limitation is. It is not there. We put mentary and secondary education pro- the limitation cap at 10 percent. that the large urban centers continue grams, said in their report, released to be eligible for Bilingual Program Finally, must States help migrant last year, that standards driven reform children, delinquent or neglected chil- grants. should be given a chance to fully take S. 2 includes a new flexibility initia- dren or homeless children reach high hold while the Nation continues to as- standards? tive included in Title VI which is based sess progress in student performance. on Senator COLLINS’ Rural Education Under S. 2, no, they effectively abol- S. 2 enhances the title I reform proc- ish the homeless program, the immi- Initiative Act. The purpose of this pro- ess by providing a separate funding gram is to provide adequate funding to grant program, and the migratory pro- stream within title I which will provide grams. We protect those. rural schools to enhance their ability dollars to those schools that need im- to strengthen the quality of instruc- If they are looking for account- provement and also provides funding to ability—and we have heard those words tion and improve student achievement States so that States may develop the and student performance. Through from the other side all day long today, assessments they need to have in place ‘‘We want accountability’’—they have flexibility provisions and a supple- by next year. mental grant program, rural school to answer those questions. They have Title II of the bill provides clear Fed- districts will have the ability to maxi- not answered them. They did not an- eral leadership and support for invest- mize their resources for implementa- swer them in their opening statements ments in teacher quality. It builds tion of education reform strategies. when they presented this issue, and upon our national commitment to pro- The amendment offered by my col- they refuse to respond to the chal- fessional development. Yet, it does so leagues on the other side does not have lenges that Senator BINGAMAN and ev- in a commonsense way that allows this authority and it is a provision that eryone on this side has posed to them. school districts to create the recipe will provide a significant benefit to the Republicans want a blank check that that works for their schools and their rural communities of this Nation. is a stamp of approval on the status communities to improve opportunities In conclusion, I urge my colleagues quo. It gives a blank check to the Gov- for teachers. It provides a list of activi- to reject the substitute and work to- ernors and does not require anything ties that school districts can choose gether to make improvements to S. 2 to change. The Democrat’s substitute from in an effort to improve the qual- in an effort to arrive at a bipartisan cancels the blank check and instead ity of the teachers in the classroom. product that will make a positive dif- provides parents a guarantee of better The bill encourages funds to be used for ference in the lives of all of our Na- results for kids. It guarantees account- recruiting and hiring teachers, mention’s students and educators. ability for results, as I have spelled toring programs, programs and part- I urge Senators to vote yes on the out—a qualified teacher in every class- nerships to keep good teachers in the Gorton amendment and no on the room, as was pointed out earlier in the profession, and professional develop- Daschle substitute. debate, smaller class size, as Senator ment programs that will have a posi- I yield the floor. MURRAY has pointed out, modern and tive impact on teaching and learning in The PRESIDING OFFICER. The re- safe schools, as Senator HARKIN and the classroom. maining time is under the control of others have pointed out, and strong pa- In addition, S. 2 includes a new pro- the Senator from Washington. rental involvement, as Senator REED gram to develop and strengthen the Mrs. MURRAY. I thank the Chair. from Rhode Island has pointed out. All leadership skills of teachers, prin- Mr. President, have the yeas and of this has been included in our alter- cipals, and superintendents. nays been ordered?

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.123 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3321 The PRESIDING OFFICER. They done as our ranking member. I thank that the maximum number of dollars have not been ordered. Senator DODD and all of the members get right into the school, bypass all of Mrs. MURRAY. I ask for the yeas and of the HELP Committee. But I must that and you will directly affect the nays. say, all of our colleagues—Senator school and provide the resources. That The PRESIDING OFFICER. Is there a LIEBERMAN, and others—have joined is what we say you should do. That is sufficient second? with us in an effort to make this the what our substitute does. That is real There appears to be. very best proposal we could make. local control. That is providing the re- The yeas and nays were ordered. I believe we have achieved that. I be- sources in the place where it can do the Mrs. MURRAY. Mr. President, I yield lieve there is a lot more we can do. But most good, without all of the bureau- the remaining debate time to the given our circumstances, given where cratic hurdles, without all of the Democratic leader, who has done an we are, I believe this represents the fin- money going from here to the State outstanding job in putting together an est opportunity that we will be able to capital, to the county, to the city, to amendment that really reflects the construct to ensure that for the next 6 the school district, to the school. We values of the Democrats and ensures years, during this ESEA authorization, should not have to do that. that all of our children, no matter who we build upon the things that have So I find a real irony in this local they are, get a quality education. worked, change the things that have control argument used by some on the not. We as we acknowledge the report I thank the Democratic leader and other side. I will say that I am hopeful, card that still stands in the back of yield him our time. in spite of the history over the last sev- this Chamber—the report card by the The PRESIDING OFFICER. The eral days—a somewhat partisan ap- American Society of Civil Engineers Democratic leader. proach to this debate—we can actually issued just a little more than a year Mr. DASCHLE. I thank my colleague reach some sort of a bipartisan con- ago—as we look at our infrastructure, from Washington for her leadership on sensus before the end of the debate. I in all of its different facets, as we de- this issue, and particularly on the issue am hopeful, as the chairman has indi- termine what is working and what is of class size, and all of the work that cated, that there is yet some oppor- not, we can say, with some authority she has done to get us to this point. tunity for us to reach across the aisle. and with some absolute certainty that Mr. President, I will use whatever ad- This is our best hope in doing that. We too many of our schools are failing ditional time I need out of my leader know all of the things that we are sug- allotment to finish my remarks. when it comes to the infrastructure. We are getting poor results. We are gesting have enjoyed bipartisan sup- Let me begin by complimenting the port in the past. These have not been distinguished chairman and manager not doing what we should in large measure because we have not made the partisan issues. There is no reason why on the other side for the manner in now it must be. So we offer this amend- which he has closed the debate. commitment in infrastructure that we must make in education. So they gave ment in good faith, hoping that our Re- There is no one who has worked on a publican colleagues will join us in more bipartisan basis on so many schools an F. So we are faced with that reality, that we can do a better job. building on the success of the past and issues than has he. I respect him and ensuring that we really have local con- appreciate the tone that he has set, We are faced really with two choices. One choice is to say: Let’s take those trol, in recognizing the educational once again, in calling for bipartisan- tools. Let’s assure that those things we tools that can be of extraordinary ben- ship. I guess the irony is that we find know are working can be built upon, efit to students and teachers all over ourselves, in spite of his desire for bi- and that we can provide the kind of this country. That is what this amend- partisanship, at a point where we have leadership and be the catalyst we know ment is about, and I urge its adoption. very little of it. we can be in improving teacher qual- I yield the floor. I am as disappointed as he is that in ity, in improving accountability, in re- The PRESIDING OFFICER. The committee, after more than a year’s ducing class size, in ensuring there is question is on agreeing to the amend- worth of work, the document the com- more technology in all schools, and to ment No. 3110. The yeas and nays have mittee had been using, the work they make sure there is more parental in- been ordered. The clerk will call the had been constructing was shelved in volvement—taking all of those things roll. favor of a very partisan approach to that school boards and parents and The senior assistant bill clerk called the Federal role in education for the teachers and school officials tell us we the roll. next 6 years through ESEA. have to do a better job on. We can work Mr. NICKLES. I announce that the I know, I am sure—I do not know—I to improve those specific areas with Senator from New Mexico (Mr. DOMEN- am sure that he shares my disappoint- the knowledge it is going to take re- ICI) and the Senator from Delaware ment that the kind of bipartisan tradi- sources. We can do that. That is what (Mr. ROTH) are necessarily absent. tion we have had in drafting this legis- the Democratic substitute does do. The PRESIDING OFFICER. Are there lation over 35 years was not rep- On the other hand, we can do what any other Senators in the Chamber de- resented in the final vote during the we attempted to do back in 1981, in the siring to vote? markup of the ESEA in committee. So name of flexibility, in the name of The result was announced—yeas 98, his call for bipartisanship, I know, on local control. Ironically, we created a nays 0, as follows: his part is genuine. blank-check approach that, I believe, I am disappointed it was not re- has been an abysmal failure—a failure [Rollcall Vote No. 89 Leg.] flected in the actions taken by the in terms of the kind of commitment to YEAS—98 committee. I am disappointed that it that approach, represented in real dol- Abraham Coverdell Helms does not reflect our current status on Akaka Craig Hollings lars, now cut by more than half since Allard Crapo Hutchinson the Senate floor. As a result, I am real- the legislation was passed, an approach Ashcroft Daschle Hutchison ly disappointed that we are relegated that probably is far more bureaucratic, Baucus DeWine Inhofe now to offering a Democratic sub- when you think about it. We go from Bayh Dodd Inouye Bennett Dorgan Jeffords stitute, when we could have worked on the people administering the program Biden Durbin Johnson a bipartisan bill that would have al- at the Federal level through the people Bingaman Edwards Kennedy lowed both parties to claim achieve- administering the program at the Bond Enzi Kerrey ment and some success, and the con- Boxer Feingold Kerry State level, to the people admin- Breaux Feinstein Kohl fidence that we are doing the right istering the program at the city or Brownback Fitzgerald Kyl thing in addressing education at the school district level, to the people ad- Bryan Frist Landrieu Federal level. ministering the program in the schools Bunning Gorton Lautenberg Burns Graham Leahy I thank all of my colleagues for the themselves. That is the Republican ap- Byrd Gramm Levin extraordinary effort they have made to proach. That is the blank check. If that Campbell Grams Lieberman bring us to this point within my cau- isn’t bureaucratic, I don’t know what Chafee, L. Grassley Lincoln cus. I have mentioned Senator MUR- Cleland Gregg Lott is. Cochran Hagel Lugar RAY. I thank, first and foremost, Sen- What we say is, if you really want Collins Harkin Mack ator KENNEDY, for all the work he has local control, if you want to ensure Conrad Hatch McCain

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.125 pfrm09 PsN: S03PT1 S3322 CONGRESSIONAL RECORD — SENATE May 3, 2000 McConnell Rockefeller Stevens power from the beltway to parents and have to cover the students’ transpor- Mikulski Santorum Thomas Moynihan Sarbanes Thompson teachers. tation costs. Murkowski Schumer Thurmond Well, Mr. President, I plead guilty. If all public schools within a district Murray Sessions Torricelli In fact, let us examine exactly what were identified as failing, then the dis- Nickles Shelby Voinovich Republicans want to do. trict would be directed to form a coop- Reed Smith (NH) Warner We want to reduce overhead costs to Reid Smith (OR) Wellstone erative agreement with another dis- Robb Snowe Wyden put more money into the classroom, trict to allow students to transfer. Roberts Specter make States and local districts more And, finally, students attending NOT VOTING—2 accountable, and provide greater flexi- these schools who either have been a bility for teachers and parents to make victim of a violent crime on school Domenici Roth the decisions which affect their chil- grounds or whose school has been des- The amendment (No. 3110) was agreed dren. ignated unsafe may also transfer to an- to. Anyone who has itemized taxes, ap- other public school. VOTE ON AMENDMENT NO. 3111 plied for an FAH loan, been in the mili- This puts many decisions about a The PRESIDING OFFICER. The tary, or just dealt with the Federal students education in the hands of question is on agreeing to amendment Government knows how stifling the pa- their parents, forces schools to be ac- No. 3111. The yeas and nays have been perwork can be. People all across this countable for their achievement, and ordered. The clerk will call the roll. country make a fine living helping peo- allows all students access to a quality The assistant legislative clerk called ple deal with Federal bureaucracy. education. the roll. So, it is easy to imagine how a school Mr. President, as I close today I want Mr. NICKLES. I announce that the district can devote half of its adminis- to ask every parent out there one ques- Senator from Delaware (Mr. ROTH) is trative staff to administer the 7 per- tion. Do you know better than a Fed- necessarily absent. cent of its budget that comes from the eral bureaucrat in Washington what is The result was announced—yeas 45, Federal Government. best for your child? If the answer is nays 54, as follows: Just imagine how much paperwork yes, you should support our bill. [Rollcall Vote No. 90 Leg.] you have to do to send money to the I also want to ask every school ad- YEAS—45 Federal Government. ministrator and teacher out there one Akaka Edwards Levin Now imagine how much that would question. Do you know better than a Baucus Feingold Lieberman increase if they were giving you Bayh Feinstein Lincoln Federal bureaucrat in Washington Biden Graham Mikulski money—and then imagine if you were what is best for your students? If the Bingaman Harkin Moynihan receiving millions of dollars a year. answer is yes, you should support our Boxer Hollings Murray It is easy to see how money and staff bill. Breaux Inouye Reed Bryan Johnson Reid can be siphoned off to administer Fed- After all, it is all about increased ac- Byrd Kennedy Robb eral funds—money and staff that could countability, greater local and paren- Cleland Kerrey Rockefeller go to teaching our children. tal control, and more money in the Conrad Kerry Sarbanes Our bill reduces Federal paperwork classroom. Daschle Kohl Schumer Dodd Landrieu Torricelli in order to put more money into the The PRESIDING OFFICER. The Sen- Dorgan Lautenberg Wellstone classroom. ator from Alaska. Durbin Leahy Wyden Every student knows that grades—a f measure of your accomplishment—are NAYS—54 DAVID MAHONEY Abraham Fitzgerald McCain important. Every day parents and Allard Frist McConnell teachers hold them accountable for Mr. STEVENS. Mr. President, our Ashcroft Gorton Murkowski their grades. Nation has lost one of the great and Bennett Gramm Nickles These same students may find it sur- modest men of our time, David Bond Grams Roberts Brownback Grassley Santorum prising that school districts and States Mahoney. A man who will receive post- Bunning Gregg Sessions are not held accountable for their humously one of the highest awards Burns Hagel Shelby achievements with the billions of Fed- the medical community can bestow on Campbell Hatch Smith (NH) eral tax dollars they receive. a layman—the first Mary Woodard Chafee, L. Helms Smith (OR) Cochran Hutchinson Snowe Our bill says enough is enough. It is Lasker leadership in Philanthropy Collins Hutchison Specter time to hold States accountable for Award for ‘‘visionary leadership’’ from Coverdell Inhofe Stevens student achievement. the Albert and Mary Lasker Founda- Craig Jeffords Thomas Our bill offers an opportunity for 15 Crapo Kyl Thompson tion on May 9. DeWine Lott Thurmond willing States to consolidate up to 12 David, through his generosity, with Domenici Lugar Voinovich Federal grant programs and free them- both his time and his money, greatly Enzi Mack Warner selves from Federal redtape. However, expanded knowledge about the human NOT VOTING—1 the States must use that flexibility to brain, neuroscience, and the connec- Roth boost student achievement—which tion between body and brain which is The amendment (No. 3111) was they will be held accountable for. A helping people lead longer, healthier rejected. noble concept. lives. Mr. JEFFORDS. I move to reconsider The pillar of our public school sys- He led us through the ‘‘Decade of the the vote. tem is to allow everyone free and open Brain’’ and used his extraordinary mar- Mr. BYRD. I move to lay that motion access to a high quality education. keting and public relations skills to on the table. And, generally, it works. foster awareness in Congress and our The motion to lay on the table was Unfortunately, there are schools out people of the importance of medical re- agreed to. there that are denying our students the search and brain research in particular. Mr. CRAIG. Mr. President, I rise basic education they need. And, stu- From his humble beginnings in the today to address once again the edu- dents who can’t afford private edu- Bronx, my friend served as an infantry cation of our children. This week we cation, are stuck in the schools where captain in World War II and then at- have been debating S. 2, the Edu- they live. tended the Wharton School at the Uni- cational Opportunities Act. More im- That should not be the case. Our bill versity of Pennsylvania while working portantly, we have been debating a dif- says that if a school that generally full time in the mail room of an adver- ference in philosophy between Demo- reaches disadvantaged students is des- tising agency. crats and Republicans. ignated as failing for 2 years, the dis- David’s talents did not stay hidden The Democrats have stood before us trict would be required to offer any for long; by the time he was 25, he had and proclaimed that Republicans want child enrolled in the failing school the become the youngest vice president of to weaken the Federal stranglehold on option to transfer to a higher per- an advertising agency on Madison Ave- our education system. forming public school. nue. The Democrats have stood before us If a school continues to fail for an- He went on from there to form his and accused us of wanting to turn other 2 years, the district would also own agency in New York and then

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.034 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3323 began his climb through the corporate his wit and his wisdom and his leader- David Joseph Mahoney Jr. was born in the world, first running the good Human ship, but I will continue to enjoy per- Bronx on May 17, 1923, the son of David J. Ice Cream Co., and rising to chief oper- sonal memories of our friendship and Mahoney, a construction worker, and the former Loretta Cahill. ating officer of Norton Simon’s various to be grateful for his legacy of explo- After serving as an infantry captain in the corporate holdings. ration into the workings of the human Pacific during World War II, he enrolled at It was during his stewardship of Nor- brain. the University of Pennsylvania’s Wharton ton Simon, Inc., that I first met David. Mr. President, the May 2, 2000, New School. He studied at night, and during the My friend Norton Simon retired as York Times contained an excellent day he worked 90 miles away in the mail president and CEO of Norton Simon, obituary of David Mahoney, and I ask room of a Manhattan advertising agency, Inc., in 1969 and selected David unanimous consent that it be printed Ruthrauff & Ryan. By the time he was 25, he Mahoney to be the new leader of his in the RECORD. had become a vice president of the agency— company. There being no objection, the mate- by some accounts, the youngest vice president on Madison Avenue at the time. He chose David because ‘‘David was rial was ordered to be printed in the Then in 1951, in a move in keeping with the inspirational, tough, visionary, and RECORD, as follows: restlessness that characterized his business dangerous.’’ David expanded the com- [From the New York Times, May 2, 2000] career, he left Ruthrauff & Ryan to form his pany and helped Norton Simon build DAVID MAHONEY, A BUSINESS EXECUTIVE AND own agency. Four years later, when his busi- the world famous Norton Simon art NEUROSCIENCE ADVOCATE, DIES AT 76 ness was worth $2 million, he moved on collection, the greatest personal art (By Eric Nagourney) again, selling it to run Good Humor, the ice- cream company that his small agency had collection west of the Mississippi. David Mahoney, a business leader who left David wrote a book about his own managed to snare as a client. behind the world of Good Humor, Canada Five years later, when Good Humor was life in business called Confessions of a Dry and Avis and threw himself behind a de- sold, Mr. Mahoney became executive vice Street Smart Manager. David was a cidedly less conventional marketing cam- president of Colgate-Palmolive, then presi- wonderful combination of street smarts paign, promoting research into the brain, dent of Canada Dry, and then, in 1969, presi- garnered from growing up in the Bronx, died yesterday at his home in Palm Beach, dent and chief operating officer of Norton an education from the Wharton School, Fla. He was 76. Simon, formed from Canada Dry, Hunt Food The cause was heart disease, friends said. and the Irish charm that could con- and McCall’s. Under Mr. Mahoney, Norton Mr. Mahoney, who believed that the study Simon grew into a $3 billion conglomerate vince people to share a dream and work of the brain and its diseases had been short- to realize its value. that included Avis Rent A Car, Halston, Max changed for far too long, was sometimes de- Factor and the United Can Company. Just 2 years ago David authored an- scribed as the foremost lay advocate of neu- Despite his charm, associates said, he had other book, along with Dr. Richard roscience. As chief executive of the Charles a short temper and an impatient manner Restak, ‘‘The Longevity Strategy— A. Dana Foundation, a medical philanthropic that often sent subordinates packing. ‘‘I How To Live To 100 Using the Brain- organization based in Manhattan, he prodded burn people out,’’ he once said in an inter- Body Connection.’’ brain researchers to join forces, shed their view, ‘‘I’m intense, and I think that inten- traditional caution and reclusivity and en- sity is sometimes taken for anger.’’ David once said that ‘‘God gave you gage the public imagination. intelligence so you could build your in- The public knew him as one of the first To achieve his goals, he brought to bear chief executives to go in front of the camera tuition about what lies ahead.’’ the power of philanthropy, personal persua- to promote his product, in this case, in the David Mahoney’s second career and sion and the connections he had made at the early 1980’s for Avis rental cars, which Nor- perhaps most lasting legacy was with top of the corporate world. ton Simon had acquired under his tenure. the Charles A. Dana Foundation where Using his skills as a marketing executive, By all accounts, including his own, Mr. he served as its chairman since 1977. he worked closely with some of the world’s Mahoney was living on top of the world. He After leaving Norton Simon, he fo- top neuroscientists to teach them how to sell was one of the nation’s top paid executives, cused the attention of the Dana Foun- government officials holding the purse receiving $1.85 million in compensation in strings, as well as the average voter, on the 1982—a fact that did not always endear him dation on neuroscience research and value of their research. He pressed them to helped the world’s top neuroscientists to some Norton Simon shareholders, who make specific public commitments to find filed lawsuits charging excessive compensa- and researchers explain the importance treatments for diseases like Alzheimer’s, tion, given that his company’s performance of their research to the general public Parkinson’s and depression, rather than con- did not always keep pace with his raises. and to funding agencies in the execu- duct just ‘‘pure’’ research. Tall and trim, he moved among society’s tive branch and the Congress. ‘‘People don’t buy science solely,’’ Mr. elite and was friends with Henry A. Kis- In 1992, he and Nobel Laureate Dr. Mahoney said this year. ‘‘They buy the re- singer, Vernon E. Jordon, Jr. and Barbara James Watson launched the ‘‘Decade of sults of, and the hope of, science.’’ Walters. He was reported to have advised In 1992, aided by Dr. James D. Watson, who Presidents Richard M. Nixon, Jimmy Carter the Brain’’ with 10 specific objectives won the Nobel Prize as a co-discoverer of the they believed might be achievable by and Ronald Reagan, and to have met with structure of DNA, Mr. Mahoney founded the Mr. Carter at Camp David. the end of the decade. That effort fo- Dana Alliance for Brain Initiatives, a foun- But his fortunes changed late in 1983. True cused attention better than ever before dation organization of about 190 to form, the restless Mr. Mahoney was seek- on understanding the basis for diseases neuroscientists, including Dr. Watson and ing change, putting into motion a plan to of the brain like Parkinson’s and Alz- six other Nobel laureates, that works to edu- take Norton Simon private. But this time, heimer’s and generated an unprece- cate the public about their field. he stumbled; a rival suitor, the Esmark Cor- dented level of support for neuro- The same year, after taking over the 50- poration, bettered his offer and walked away year-old Dana Foundation as chief executive, science research. with his company. Mr. Mahoney began shifting it away from its Mr. Mahoney was left a lot richer—as David has become widely and justifi- traditional mission of supporting broader much as $40 million or so, by some ac- ably credited as our foremost lay advo- health and educational programs, and fo- counts—but, for the first time in his life, he cate for neuroscience. While David had cused its grants almost exclusively on neuro- was out of a job and at loose ends. He de- recently expressed some frustration to science. Since then, the foundation has given scribed the period as a low point. me that those 10 ambitious goals had some $34 million to scientists working on ‘‘You stop being on the ‘A’ list,’’ he said not yet been fully achieved, through brain research at more than 45 institutions. some years later, ‘‘Your calls don’t get re- his efforts remarkable progress has Mr. Mahoney also dipped into his own for- turned. It’s not just less fawning; people tune, giving millions of dollars to endow pro- could care less about you in some cases. The been made in understanding the human grams in neuroscience at Harvard and the king is dead. Long live the king.’’ brain and the diseases that afflict it. I University of Pennsylvania. Later this It look some years for Mr. Mahoney to re- know those goals will ultimately be month, the Albert and Mary Lassker Foun- gain his focus. Gradually, he turned his at- met, and David Mahoney will be for- dation, which traditionally honors the most tention to public health, in which he had al- ever remembered as the driving force accomplished researchers, was to give him a ready shown some interest. In the 1970’s, he behind this effort. newly created award for philanthropy. had been chairman of the board of Phoenix My friend David Mahoney and his ‘‘He put his money where his mouth was,’’ House, the residential drug-treatment pro- wife Hillie have been close friends of said Dr. Kay Redfield Jamison, a professor of gram. By 1977, while still at Norton, he be- psychiatry at Johns Hopkins University. came chairman of the Dana Foundation, a ours for many years. David and I cele- Mr. Mahoney’s journey from businessman largely advisory position. brated our 75th birthdays, which fell in to devotee of one of the most esoteric fields Mr. Mahoney increasingly devoted his time the same year, and shared many memo- of health was as unusual as it was unex- to the foundation. In 1982, he also because its rable times. Catherine and I will miss pected. chief executive, and soon began shifting the

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.038 pfrm09 PsN: S03PT1 S3324 CONGRESSIONAL RECORD — SENATE May 3, 2000 organization’s focus to the brain. In part, the great love of this country and history— being pushed into higher tax brackets reason came from his own experience. In an David Mahoney was all of those. each year. acceptance speech that he has prepared for Suffice it to say, I want to be associ- Even for most low- and middle-in- the Lasker Award, he wrote of having seen ated with the comments of the distin- come families, federal payroll taxes first-hand the effects of stress and the men- take a huge bite of their income, and it tal health needs of people in the business guished Senator from Alaska on his world. comments about David Mahoney. keeps growing. For example, in 1965, a But associates recalled, and Mr. Mahoney f family earning wages of $10,000 paid seemed to say as much in his speech, that he $348 in payroll taxes. Today, that fam- appeared to have arrived at the brain much MARKING THE ARRIVAL OF TAX ily would pay $1,530 in payroll taxes— the way a marketing executive would think FREEDOM DAY an increase of 340 percent. up a new product. ‘‘Some of the great minds Mr. GRAMS. Mr. President, today is According to the Tax Foundation, a in the world told me that this generation’s Tax Freedom Day, the day on which nonpartisan group that tracks the gov- greater action would be in brain science—if working Americans stop working just ernment tax bite at all levels, the total only the public would invest the needed re- tax burden has grown significantly sources,’’ he wrote. to pay their State, Federal, and local In 1992, Mr. Mahoney and Dr. Watson gath- taxes and actually begin keeping their since 1992. While State and local taxes ered a group of neuroscientsts at the Cold earnings for themselves. have grown somewhat, Federal taxes Spring Harbor Laboratory on Long Island. This is an important day for Amer- account for the largest share of the in- There, encouraged by Mr. Mahoney, the sci- ican taxpayers, but it is certainly not a crease. entists agreed on 10 research objectives that happy occasion because every year— Federal, State and local taxes claim might be reached by the end of the decade, since 1913—Tax Freedom Day has ar- 39.0 percent of a median two-income among them finding the genetic basis for rived later and later. This means that family’s total income and 37.6 percent manic-depression and identifying chemicals Americans are working more hours and for a median one-income family, ac- that can block the action of cocaine and cording to a Tax Foundation study. other addictive substances. more days every year just to pay their ‘‘We’ve gotten somewhere on about four of tax bill. This year, Americans had to During the Clinton administration, them—but what’s life,’’ Dr. Watson said re- work 124 days for their local, State and Tax Freedom Day has leap frogged al- cently. Federal governments before they could most 2 weeks from April 20 in 1992 to In recent years, Mr. Mahoney became con- finally start working for themselves May 3 this year. The Clinton Presi- vinced that a true understanding of the and their families on May 3. dency means working Americans have brain-body connection might also lead to to spend an extra 13 days working for cures for diseases in other parts of the body, What is even more troubling is that in 13 States—including my home State Government. Not since the era of the like cancer and heart disease. Vietnam War and President Johnson’s He believed that it would soon be common- of Minnesota—Tax Freedom Day will place for people to live to 100. For the qual- arrive 2 or more days later than the ‘‘Great Society’’ programs has Tax ity of life to be high at that age, he believed, rest of the Nation. That means Min- Freedom Day been pushed back so far people would have to learn to take better nesota taxpayers have to wait longer in such a short period of time—and this care of their brains. before they can start working for is from an administration that claims In 1998, along with Dr. Richard Restak, a themselves, not for the Government. it has put an end to ‘‘big government.’’ neuropsychiatrist, Mr. Mahoney wrote ‘‘The The Government is getting bigger, Despite the fact that Americans Longevity Strategy: How to Live to 100: not smaller. Some people claim that work so long for the Government, we Using the Brain-Body Connection’’ (John big Government is over because Gov- have recently heard a lot of talk on the Wiley & Sons). ernment spending as a percentage of Mr. Mahoney’s first wife, Barbara Ann Senate floor and in the media that the GDP is shrinking. The real question is Moore, died in 1975. He is survived by his Federal tax bite is the smallest in 40 how do we measure the size of the Gov- wife, the former Hildegarde Merrill, with years and that the era of big govern- ernment? Is it the number of employ- whom he also had a home in Lausanne, Swit- ment and high taxes is over. If that is zerland; a son, David, of Royal Palm Beach, ees, the number of dollars spent, the Fla.; two stepsons, Arthur Merrill of true, why hasn’t Tax Freedom Day ar- tax burden, the hidden costs of regula- Muttontown, N.Y., and Robert Merrill of Lo- rived earlier than last year? tions, or all of the above? I believe it cust Valley, N.Y., and a brother, Robert, of The stark truth is that the Federal should be all of the above. The growth Bridgehampton, N.Y. Government’s tax collecting—and of the economy does not have to be Associates said Mr. Mahoney’s tempera- spending—are still too high. linked to the growth of Government. In ment in his second career was not all that The facts speak for themselves. Al- different from what it had been in his first. fact, I have always said that we can though the total Federal tax burden is streamline the Government and still It was not uncommon, said Edward Rover, slightly lower thanks to our tax-relief vice chairman of the Dana Foundation’s provide all the Government services we board of trustees, for his phone to ring late initiatives, particularly the bill I au- need. at night, and for Mr. Mahoney to sail into a thored to provide a $500 per-child tax A more meaningful way to measure pointed critique of their latest endeavors. credit, the combined burden of Federal Government spending is to look at the One researcher spoke of his ‘‘kind of personal income and payroll taxes is number of dollars spent. Since Presi- charge-up-San-Juan-Hill style.’’ Dr. well above the figures of both World dent Clinton took office in 1993, Gov- Jamison, of Johns Hopkins, called him ‘‘im- War II and 1980 prior to the Reagan tax ernment spending has increased from patient in the best possible sense of the cut. Federal taxes consume 20.4 percent word.’’ $1.40 trillion to $1.83 trillion in 2000, a As in his first career, Mr. Mahoney never of GDP, compared to 17.5 percent of 30-percent rise. During the same pe- lost the good salesman’s unwavering belief in GDP when President Clinton took of- riod, Government revenue increased this product, ‘‘If you can’t sell the brain,’’ he fice. Since 1993, federal taxes have in- from $1.15 trillion to $2.08 trillion, a 75- told friends, ‘‘then you’ve got a real creased by 54%, which for the average percent increase. problem.’’ taxpayer translates into a $2,000 tax The growth for domestic nondefense Mr. DODD. If my colleague will yield, hike. spending was 6.3 percent between 1990 I thank our colleague from Alaska for The combined personal income and and 1995. In the last 2 years alone, non- his comments about David Mahoney. I payroll tax soared to 16.3% of GDP in defense spending grew by 5.3 and 6.8 didn’t know him as well as my good 1999, up from 14.2% in 1992. Measured as percent. President Clinton has pro- friend from Alaska but had the oppor- a share of GDP, the personal income posed a 14-percent increase in his last tunity to be with him on numerous oc- tax rose from 8% in 1981 to 9.6% in 1999. budget. If this is not big Government, casions. All the things the Senator The payroll tax now takes 6.8% of GDP, what is? from Alaska said about David Mahoney up from 4.5% in 1970. If President Clinton’s spending frenzy are true, and even more so. It is a great On average, each American is paying continues, it will wipe out the entire loss to the country. $10,298 this year in Federal, State, and $1.9 trillion non-Social Security sur- In fact, I point out our good friend local taxes. A typical family now pays plus in less than 3 years, leaving none from Alaska has lost a couple of good more of its income in total taxes than of these tax overpayments to return to friends in the last few months. it spends on food, clothing, transpor- taxpayers in the form of debt reduc- A man of significant contributions, a tation, and housing combined. More tion, tax relief and Social Security re- man who appreciated the arts, had a and more middle-income families are form. But our colleagues on the other

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.042 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3325 side of the aisle do not say this in- their leadership and for the role they played today May 3, 2000, is World Asthma creased spending is risky. They instead in shaping American history.’’ Day. As some of you may know, I am a claim that our tax relief efforts to let During his eight years in the White House, strong supporter of federal, state, and the people keep a little more of their Reagan’s role in ending the Cold War will go local efforts to create and enhance down in history as perhaps his greatest ac- own money is risky. complishment. awareness of asthma and to improve People today work hard, and then are Who can forget the challenge he hurled to asthma care throughout this country penalized for their work. With punitive his counterpart in Moscow, Mikhail Gorba- and indeed throughout the world. I taxes, Washington makes the American chev, when he stood at Berlin’s Brandenburg would also like to extend sincere dream of working hard for a better life Gate and said, ‘‘Mr. Gorbachev, tear down thanks to the many thousands of more difficult, and for some, impos- this wall!’’ Americans and others who work day sible. How can anyone call the elimi- In 1989, near the end of his term, the Berlin after day to try to improve the way nation of the marriage tax penalty for Wall came down and a year later Germany asthma is diagnosed and treated. was again reunited. In the last 15 years, the prevalence of 21 million American families risky? When told of plans to award the Reagans It is clear that the American people the medal, Gorbachev said, ‘‘The award of asthma has doubled throughout the are still overtaxed despite the progress the Gold Medal of U.S. Congress to Ronald world. More than 10 percent of children we have made to reduce taxes. Con- Reagan is a fitting tribute to the 40th presi- have asthma symptoms, and in some gress must provide meaningful tax re- dent of the United States, who will go down countries, as many as 30 percent are af- lief to help alleviate the tax burden on in history as a man profoundly dedicated to fected. In this country, asthma ranks working Americans. his people and committed to the values of de- among the most common chronic con- But the only way we can effectively mocracy and freedom. ditions, affecting more than 15 million ‘‘Together with Ronald Reagan, we took Americans, including 5 million chil- push back Tax Freedom Day is to ter- the first, the most important steps to end minate the tax code and replace it with the cold war and start real nuclear disar- dren, and causing more than 1.5 million one that promotes tax freedom and mament.... I am confident that succeeding emergency department visits, approxi- economic opportunity. We must repeal generations will duly appreciate the accom- mately 500,000 hospitalizations, and the 16th amendment and abolish the plishments of President Reagan.’’ more than 5,500 deaths. The estimated IRS. We must create a new tax system We applaud the overdue recognition of direct and indirect monetary costs for that’s fairer, simpler, and friendlier to President Reagan’s accomplishments and this disease totaled $11.3 billion in 1998, taxpayers. hope for unanimous support for Sen. in the United States alone. Coverdell’s legislation. Tax Freedom Day—it should be more World Asthma Day 2000 is being than just another reminder of the high Mr. COVERDELL. Mr. President, marked by more than 80 countries cost of Government. We owe it to the from rural Georgia to Capitol Hill, throughout the world. It is a partner- American taxpayers to work together Americans recognize the immeasurable ship between health care groups and to fix the system. Only when we begin contribution that President and Mrs. asthma educators organized by the to shorten the number of days that Ronald Reagan have made to our Na- Global Initiative for Asthma, GNA, Americans work for Government, and tion. Their support is most welcome. which is a collaboration between the allow them to own the fruits of their f National Heart, Lung, and Blood Insti- tute, NHLBI, of the National Institutes labor, can we truly celebrate Tax Free- THE VERY BAD DEBT BOXSCORE dom Day. of Health and the World Health Organi- Mr. HELMS. Mr. President, at the f zation. On this day, thousands of peo- close of business yesterday, Tuesday, ple throughout the world will work to- CONGRESSIONAL GOLD MEDAL May 2, 2000, the Federal debt stood at gether to create greater awareness of FOR PRESIDENT AND MRS. $5,669,550,992,339.00 (Five trillion, six the need for every person with asthma REAGAN hundred sixty-nine billion, five hun- to obtain a timely diagnosis, receive dred fifty million, nine hundred ninety- Mr. COVERDELL. Mr. President, as appropriate treatment, learn to man- two thousand, three hundred thirty- you may know, on April 25, 2000, many age their asthma in partnership with a nine dollars and zero cents). of my colleagues and I introduced S. health professional, and reduce expo- Five years ago, May 2, 1995, the Fed- 2459, legislation that would award sure to environmental factors that eral debt stood at $4,859,125,000,000 President and Mrs. Ronald Reagan make their asthma worse. (Four trillion, eight hundred fifty-nine Among those participating in World with the Congressional Gold Medal. billion, one hundred twenty-five mil- Asthma Day, via a special World Asth- The bill has been received warmly in lion). ma Day Internet site my home State as well. The Press-Sen- Ten years ago, May 2, 1990, the Fed- (www.Webvention.org), will be Dr. tinel of Jesup, GA, recently ran an edi- eral debt stood at $3,082,811,000,000 David Satcher, Surgeon General of the torial supporting my bill. I ask unani- (Three trillion, eight-two billion, eight United States, and Mr. Nelson mous consent that this article be print- hundred eleven million). Mandela, former President of the Re- ed in the RECORD. Fifteen years ago, May 2, 1985, the public of South Africa and currently There being no objection, the article Federal debt stood at $1,745,505,000,000 Chairman of the South African Na- was ordered to be printed in the (One trillion, seven hundred forty-five tional Asthma Campaign. Ministers of RECORD, as follows: billion, five hundred five million). Health from Japan, Turkey, Malaysia [From the Jesup, GA, Press-Sentinel, Apr. 26, Twenty-five years ago, May 2, 1975, and other countries will also be avail- 2000] the Federal debt stood at able on the Internet to answer ques- A FITTING TRIBUTE TO REAGAN $516,450,000,000 (Five hundred sixteen tions about how the implementation of If Sen. Paul Coverdell has his way, former billion, four hundred fifty million) international asthma treatment guide- President Ronald Reagan and his wife, which reflects a debt increase of more lines can benefit patients and reduce Nancy, will become the 118th recipient of the than $5 trillion—$5,153,100,992,339.00 Congressional Gold Medal. health care costs. Tuesday, the Georgia senator introduced (Five trillion, one hundred fifty-three In the U.S., local World Asthma Day legislation that would award the president billion, one hundred million, nine hun- activities are being coordinated by the and his wife the medal. dred ninety-two thousand, three hun- NHLBI’s National Asthma Education Said the senator, ‘‘I am proud to sponsor dred thirty-nine dollars and zero cents) and Prevention Program and are listed this effort. President and Mrs. Reagan are a during the past 25 years. on its Web site (www.nhlbi.nih.gov). constant source of inspiration for me, as f These activities range from local press they are for many Americans. President conferences to school poster contests, Reagan led us to the economic prosperity ADDITIONAL STATEMENTS and health fairs to science museum that we still enjoy today and was instrumental in ending the Cold War. Mrs. Reagan education programs. The NAEPP, along with the National lent her grace and commitment to fighting WORLD ASTHMA DAY 2000 the war on drugs. Now as they battle the Library of Medicine, Howard Univer- President’s Alzheimer’s Disease together, it ∑ Mr. DURBIN Mr. President, I rise sity, the Office of the Mayor of the Dis- is fitting for this nation to thank them for today to call attention to the fact that trict of Columbia, the American Lung

VerDate 27-APR-2000 04:36 May 04, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.062 pfrm09 PsN: S03PT1 S3326 CONGRESSIONAL RECORD — SENATE May 3, 2000 Association of the District of Colum- The message further announced that 2000; to the Committee on Commerce, bia, and the D.C. public school system, the House has passed the following bill, Science, and Transportation. will hold the official U.S. press con- without amendment: EC–8758. A communication from the Fed- eral Aviation Administration, Department of ference to report on the state of asth- S. 452. An act for the relief of Belinda Transportation, transmitting, pursuant to ma in the United States and what is McGregor. law, the report of a rule entitled ‘‘Airworthi- being done to combat the problem. In- The message also announced that the ness Directives: Boeing Model 737–600, –700, vited guests include members of Con- House has passed to the following joint –800 Series Airplanes; Request for Comments; gress; Olympians who have achieved resolutions, without amendment: Docket No. 2000–NM–88 (4–24/4–27)’’ (RIN2120– AA64) (2000–0214), received May 1, 2000; to the their titles despite their asthma; Wash- S.J. Res. 40. A joint resolution providing Committee on Commerce, Science, and ington, DC, elementary school students for the appointment of Alan G. Spoon as a who have asthma; and representatives Transportation. citizen regent of the Board of Regents of the EC–8759. A communication from the Fed- of selected community-based asthma Smithsonian Institution. eral Aviation Administration, Department of coalitions from across the country. The S.J. Res. 42. A joint resolution providing Transportation, transmitting, pursuant to press conference will be Webcast and for the reappointment of Manuel L. Ibanez as law, the report of a rule entitled ‘‘Airworthi- shown on the World Asthma Day Web a citizen regent of the Board of Regents of ness Directives: Boeing Model 747 Series Air- the Smithsonian Institution. site. planes; Docket No. 99–NM–56 (4–27/5–1)’’ Mr. President, it is my hope that our f (RIN2120–AA64) (2000–0239), received May 1, colleagues will join in paying tribute MEASURES REFERRED 2000; to the Committee on Commerce, Science, and Transportation. to World Asthma Day and to those who The following bills were read the first EC–8760. A communication from the Fed- suffer from this condition and those and second times by unanimous con- eral Aviation Administration, Department of who are working to help them. It is sent, and referred as indicated: Transportation, transmitting, pursuant to hoped that with the continued support law, the report of a rule entitled ‘‘Airworthi- H.R. 2932. An act to direct the Secretary of ness Directives: Boeing Model 737–100, –200, of the Congress, additional progress the Interior to conduct a study of the Golden –300 , –400, and –500 Series Airplanes; Docket can be made in the efforts to prevent Spike/Crossroads of the West National Herit- No. 98–NM–253 (4–26/5–1)’’ (RIN2120–AA64) asthma, as well as to improve its diag- age Area Study Area and to establish the (2000–0242), received May 1, 2000; to the Com- nosis and treatment.∑ Crossroads of the West Historic District in mittee on Commerce, Science, and Transpor- the State of Utah; to the Committee on En- f tation. ergy and Natural Resources. EC–8761. A communication from the Fed- MESSAGES FROM THE PRESIDENT H.R. 3582. An act to restrict the use of eral Aviation Administration, Department of mandatory minimum personnel experience Messages from the President of the Transportation, transmitting, pursuant to and educational requirements in the procure- law, the report of a rule entitled ‘‘Airworthi- United States were communicated to ment of information technology goods or the Senate by Ms. Evans, one of his ness Directives: Boeing Model 777 Series Air- services unless sufficiently justified; to the planes; Docket No. 99–NM–346 (4–26/5–1)’’ secretaries. Committee on Government Affairs. (RIN2120–AA64) (2000–0241), received May 1, EXECUTIVE MESSAGES REFERRED H.R. 371. An act to facilitate the natu- 2000; to the Committee on Commerce, As in executive session the Presiding ralization of aliens who served with special Science, and Transportation. guerrilla units or irregular forces in Laos; to EC–8762. A communication from the Fed- Officer laid before the Senate messages the Committee on the Judiciary. from the President of the United eral Aviation Administration, Department of States submitting sundry nominations The following concurrent resolutions Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- which were referred to the appropriate were read, and referred as indicated: H. Con. Res. 300. Concurrent resolution rec- ness Directives: Airbus Model A300–600 and committees. A310 Series Airplanes; Docket No. 99–NM–82 (The nominations received today are ognizing and commending our Nation’s Fed- eral workforce for successfully preparing our (4–14/4–24)’’ (RIN2120–AA64) (2000–0228), re- printed at the end of the Senate pro- Nation to withstand any catastrophic year ceived April 27, 2000; to the Committee on ceedings.) 2000 computer problem disruptions; to the Commerce, Science, and Transportation. EC–8763. A communication from the Fed- f Committee on Government Affairs. eral Aviation Administration, Department of f MESSAGES FROM THE HOUSE Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- At 11:21 a.m., a message from the EXECUTIVE AND OTHER COMMUNICATIONS ness Directives: Airbus Model A300–600 Series House of Representatives, delivered by Airplanes; Docket No. 98–NM–78 (4–14/4–24)’’ Ms. Niland, one of its reading clerks, The following communications were (RIN2120–AA64) (2000–0227), received April 27, announced that the House has passed laid before the Senate, together with 2000; to the Committee on Commerce, the following bills, in which it requests accompanying papers, reports, and doc- Science, and Transportation. the concurrence of the Senate: uments, which were referred as EC–8764. A communication from the Fed- indicated: eral Aviation Administration, Department of H.R. 371. An act to facilitate the natu- Transportation, transmitting, pursuant to ralization of aliens who served with special EC–8755. A communication from the Fed- law, the report of a rule entitled ‘‘Airworthi- guerrilla units or irregular forces in Laos. eral Aviation Administration, Department of ness Directives: Airbus Model A300 Series H.R. 2932. An act to direct the Secretary of Transportation, transmitting, pursuant to Airplanes; Docket No. 99–NM–304 (4–24/4–18)’’ the Interior to conduct a study of the Golden law, the report of a rule entitled ‘‘Airworthi- (RIN2120–AA64) (2000–0219), received April 27, Spike/Crossroads of the West National Herit- ness Directives: Boeing Model 737–600, –700, 2000; to the Committee on Commerce, age Area Study Area and to establish the –800 Series Airplanes; Request for Comments; Science, and Transportation. Crossroads of the West Historic District in Docket No. 2000–NM–84 (4–10/4–24)’’ (RIN2120– EC–8765. A communication from the Fed- the State of Utah. AA64) (2000–0214), received April 27, 2000; to eral Aviation Administration, Department of H.R. 3582. An act to restrict the use of the Committee on Commerce, Science, and Transportation, transmitting, pursuant to mandatory minimum personnel experience Transportation. law, the report of a rule entitled ‘‘Airworthi- and educational requirements in the procure- EC–8756. A communication from the Fed- ness Directives: Airbus Model A300, A310, and ment of information technology goods or eral Aviation Administration, Department of A300–600 Series Airplanes; Docket No. 99– services unless sufficiently justified. Transportation, transmitting, pursuant to NM–07 (4–14/4–24)’’ (RIN2120–AA64) (2000–0222), H.R. 3629. An act to amend the Higher Edu- law, the report of a rule entitled ‘‘Airworthi- received April 27, 2000; to the Committee on cation Act of 1965 to improve the program ness Directives: Boeing Model 737–100, –200, Commerce, Science, and Transportation. for American Indian Tribal Colleges and Uni- –200C, –300, –400, and –500 Series Airplanes; EC–8766. A communication from the Fed- versities under part A of the title III. Docket No. 99–NM–81 (4–11/4–24)’’ (RIN2120– eral Aviation Administration, Department of The message also announced that the AA64) (2000–0215), received April 27, 2000; to Transportation, transmitting, pursuant to House has agreed to the following con- the Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Airworthi- Transportation. ness Directives: Fokker Model F.28 Mark current resolution, in which it requests EC–8757. A communication from the Fed- 0070 and 0100 Series Airplanes; Docket No. 99– the concurrence of the Senate: eral Aviation Administration, Department of NM–369 (4–14/4–24)’’ (RIN2120–AA64) (2000– H. Con. Res. 300. Concurrent resolution rec- Transportation, transmitting, pursuant to 0226), received April 27, 2000; to the Com- ognizing and commending our Nation’s Fed- law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- eral workforce for successfully preparing our ness Directives: Boeing Model 767 Series Air- tation. Nation to withstand any catastrophic year plane; Docket No. 99–NM–72 (4–10/4–24)’’ EC–8767. A communication from the Fed- 2000 computer problem disruptions. (RIN2120–AA64) (2000–0216), received April 27, eral Aviation Administration, Department of

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.046 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3327 Transportation, transmitting, pursuant to ness Directives: Gulfstream Model G–IV Se- pursuant to law, the annual reports for fiscal law, the report of a rule entitled ‘‘Airworthi- ries Airplanes; Docket No. 2000–NM–82 (4–14/ year 1999; to the Committee on Govern- ness Directives: Fokker Model F27 Series 4–24)’’ (RIN2120–AA64) (2000–0224), received mental Affairs. Airplanes equipped with Rolls Royce 532–7 April 27, 2000; to the Committee on Com- EC–8787. A communication from the Gen- Dart 7 Series Engines: Request for Com- merce, Science, and Transportation. eral Services Administration, transmitting ments; Docket No. 200–NM–959 (4–18/4–24)’’ EC–8777. A communication from the Fed- an informational copy of an amended lease (RIN2120–AA64) (2000–0212) , received April 27, eral Aviation Administration, Department of prospectus for the Federal Bureau of Inves- 2000; to the Committee on Commerce, Transportation, transmitting, pursuant to tigation, Cleveland, OH; to the Committee Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- on Environment and Public Works. EC–8768. A communication from the Fed- ness Directives: Bombardier Model DHC–8– EC–8788. A communication from the Fish eral Aviation Administration, Department of 100 Series Airplanes; Docket No. 99–NM–321 and Wildlife Service, Department of the Inte- Transportation, transmitting, pursuant to (4–14/4–24)’’ (RIN2120–AA64) (2000–0225), re- rior, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Airworthi- ceived April 27, 2000; to the Committee on port of a rule entitled ‘‘Endangered and ness Directives: Agusta Model A109C and Commerce, Science, and Transportation. Threatened Wildlife and Plants; Reclassifica- A109K2 Helicopters; Docket No. 99–SW–28 (4– EC–8778. A communication from the Fed- tion of Yacare Caiman in South America 24/4–27)’’ (RIN2120–AA64) (2000–0234), received eral Aviation Administration, Department of from Endangered to Threatened, and the May 1, 2000; to the Committee on Commerce, Transportation, transmitting, pursuant to Listing of Two Other Caiman Species as Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- Threatened by Reason of Similarity of Ap- EC–8769. A communication from the Fed- ness Directives: Industrie Aeronautiche e pearance’’ (RIN1018–AD67), received April 28, eral Aviation Administration, Department of Meccaniche Model Piaggio P–180 Airplanes; 2000; to the Committee on Environment and Transportation, transmitting, pursuant to Docket No. 99–CE–65 (4–11/4–24)’’ (RIN2120– Public Works. law, the report of a rule entitled ‘‘Airworthi- AA64) (2000–0229), received April 27, 2000; to EC–8789. A communication from the Fish ness Directives: Agusta Model A109C, the Committee on Commerce, Science, and and Wildlife Service, Department of the Inte- A109AII, and A109C Helicopters; Request for Transportation. rior, transmitting, pursuant to law, the re- EC–8779. A communication from the Fed- Comments; Docket No. 99–SW–47 (4–14/4–24)’’ port of a rule entitled ‘‘Endangered and eral Aviation Administration, Department of (RIN2120–AA64) (2000–0223), received April 27, Threatened Wildlife and Plants; Final Rule Transportation, transmitting, pursuant to 2000; to the Committee on Commerce, to Remove the Umpqua River Cutthroat law, the report of a rule entitled ‘‘Airworthi- Science, and Transportation. Trout from the List of Endangered Wildlife’’ ness Directives: Various Transport Category EC–8770. A communication from the Fed- (RIN1018–AF45), received April 21, 2000; to the Airplanes Equipped with Mode C Tran- eral Aviation Administration, Department of Committee on Environment and Public Transportation, transmitting, pursuant to sponders with Seingle Code Altitude Input; Docket No. 2000–NM–81 (4–20/4–27)’’ (RIN2120– Works. law, the report of a rule entitled ‘‘Airworthi- EC–8790. A communication from the Fish ness Directives: Turbomeca Artouste III Se- AA64) (2000–0235), received May 1, 2000; to the Committee on Commerce, Science, and and Wildlife Service, Department of the Inte- ries Turboshaft Engines; Docket No. 99–NE– rior, transmitting, pursuant to law, the re- 33 (4–11/4–24)’’ (RIN2120–AA64) (2000–0210), re- Transportation. EC–8780. A communication from the Fed- port of a rule entitled ‘‘Endangered and ceived April 27, 2000; to the Committee on eral Aviation Administration, Department of Threatened Wildlife and Plants; Final Rule Commerce, Science, and Transportation. Transportation, transmitting, pursuant to to List as Endangered the Oahu Elepaio from EC–8771. A communication from the Fed- law, the report of a rule entitled ‘‘Airworthi- the Hawaiian Islands and Determination of eral Aviation Administration, Department of ness Directives: McDonnell Douglas Model Whether Designation of Critical Habitat is Transportation, transmitting, pursuant to MD–11 Series Airplanes; Docket No. 2000– Prudent’’ (RIN1018–AE51), received April 13, law, the report of a rule entitled ‘‘Airworthi- NM–97 (4–20/4–27)’’ (RIN2120–AA64) (2000–0232), 2000; to the Committee on Environment and ness Directives: Turbomeca Makila 1 Series received May 1, 2000; to the Committee on Public Works. Turboshaft Engines; Docket No. 99–NE–11 (4– Commerce, Science, and Transportation. EC–8791. A communication from the Fish 11/4–24)’’ (RIN2120–AA64) (2000–0209), received EC–8781. A communication from the Fed- and Wildlife Service, Department of the Inte- April 27, 2000; to the Committee on Com- eral Aviation Administration, Department of rior, transmitting, pursuant to law, the re- merce, Science, and Transportation. Transportation, transmitting, pursuant to port of a rule entitled ‘‘Endangered and EC–8772. A communication from the Fed- law, the report of a rule entitled ‘‘Airworthi- Threatened Wildlife and Plants; Final Rule eral Aviation Administration, Department of ness Directives: Learjet Model 45 Airplanes; to List the Alabama Sturgeon as Endan- Transportation, transmitting, pursuant to Docket No. 2000–NM–85 (4–28/5–1)’’ (RIN2120– gered’’ (RIN1018–AF56), received May 2, 2000; law, the report of a rule entitled ‘‘Airworthi- AA64) (2000–0238), received April 27, 2000; to to the Committee on Environment and Pub- ness Directives: Rolls Royce plc Tay 650–15 the Committee on Commerce, Science, and lic Works. Turbofan Engines; Docket No. 99–NE–61 (4–18/ Transportation. EC–8792. A communication from the Gen- 4–24)’’ (RIN2120–AA64) (2000–0220), received EC–8782. A communication from the Fed- eral Services Administration transmitting, April 27, 2000; to the Committee on Com- eral Aviation Administration, Department of pursuant to law, a report of Building Project merce, Science, and Transportation. Transportation, transmitting, pursuant to Survey for Riverside and San Bernadino EC–8773. A communication from the Fed- law, the report of a rule entitled ‘‘Airworthi- Counties, CA; to the Committee on Environ- eral Aviation Administration, Department of ness Directives: Raytheon Model BAe 125– ment and Public Works. Transportation, transmitting, pursuant to 800A and BAe 125–800B, Model Hawker 800, EC–8793. A communication from the Office law, the report of a rule entitled ‘‘Airworthi- and Model Hawker 800XP Series Airplanes; of Regulatory Management and Information, ness Directives: Dornier Model 328–100 Series Docket No. 99–NM–13 (4–26/5–1)’’ (RIN2120– Office of Policy, Planning and Evaluation, Airplanes; Docket No. 99–NM–40 (4–11/4–24)’’ AA64) (2000–0240), received May 1, 2000; to the Environmental Protection Agency, transmit- (RIN2120–AA64) (2000–0208), received April 27, Committee on Commerce, Science, and ting, a report entitled ‘‘Approval and Pro- 2000; to the Committee on Commerce, Transportation. mulgation of Air Quality Implementation Science, and Transportation. EC–8783. A communication from the Com- Plans; Pennsylvania; Approval of VOC and EC–8774. A communication from the Fed- mon Carrier Bureau, Federal Communica- NOX and RACT Determinations for Indi- eral Aviation Administration, Department of tions Commission transmitting, pursuant to vidual Sources’’; to the Committee on Envi- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Truth–in– ronment and Public Works. law, the report of a rule entitled ‘‘Airworthi- Billing Format’’ (FCC 00–111, CC Doc. 98–170), EC–8794. A communication from the Office ness Directives: Various Transport Category received May 2, 2000; to the Committee on of Regulatory Management and Information, Airplanes Equipped with Certain Honeywell Commerce, Science, and Transportation. Office of Policy, Planning and Evaluation, Air Data Inertial Reference Units; Request EC–8784. A communication from the Policy Environmental Protection Agency, transmit- for Comments; Docket No. 2000–NM–83 (4–18/ and Rules Division, Mass Media Bureau, Fed- ting, a report entitled ‘‘Approval and Pro- 4–24)’’ (RIN2120–AA64) (2000–0213), received eral Communications Commission transmit- mulgation of Implementation Plan; Indi- April 27, 2000; to the Committee on Com- ting, pursuant to law, the report of a rule en- ana’’; to the Committee on Environment and merce, Science, and Transportation. titled ‘‘Establishment of a Class A Television Public Works. EC–8775. A communication from the Fed- Service’’ (MM Doc. 00–10, FCC No. 00–115), re- EC–8795. A communication from the Office eral Aviation Administration, Department of ceived May 2, 2000; to the Committee on of Regulatory Management and Information, Transportation, transmitting, pursuant to Commerce, Science, and Transportation. Office of Policy, Planning and Evaluation, law, the report of a rule entitled ‘‘Airworthi- EC–8785. A communication from the Office Environmental Protection Agency, transmit- ness Directives: Lockheed Model L–1011–385 of Legislative Affairs, Department of State, ting, a report entitled ‘‘Guidance for Devel- Series Airplanes; Docket No. 99–NM–252 (4–17/ transmitting, pursuant to the Export-Import oping TMDLs in California’’; to the Com- 4–24)’’ (RIN2120–AA64) (2000–0221), received Bank Act of 1945, a determination by the mittee on Environment and Public Works. April 27, 2000; to the Committee on Com- Secretary of State to allow the Export-Im- merce, Science, and Transportation. port Bank to finance the sale of defense arti- f EC–8776. A communication from the Fed- cles to Venezuela; to the Committee on REPORTS OF COMMITTEES eral Aviation Administration, Department of Banking, Housing, and Urban Affairs. Transportation, transmitting, pursuant to EC–8786. A communication from the Cor- The following reports of committees law, the report of a rule entitled ‘‘Airworthi- poration for National Service transmitting, were submitted:

VerDate 27-APR-2000 04:36 May 04, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.052 pfrm09 PsN: S03PT1 S3328 CONGRESSIONAL RECORD — SENATE May 3, 2000 By Mr. CAMPBELL, from the Committee would reinstate and extend the dead- Brener intends to provide private sail- on Indian Affairs, with amendments: line for construction of a Pennsylvania ing instruction and captained private S. 1509: A bill to amend the Indian Employ- hydroelectric power project. This ex- and charitable charters out of Nor- ment, Training, and Related Services Dem- tension is necessary because the Potter walk, Connecticut. onstration Act of 1992, to emphasize the need The operating plan proposed by Mr. for job creation on Indian reservations, and Township Power Authority (Project for other purposes (Rept. No. 106–277). No. 7041) will lose their license from Brener is quite modest and limited in By Mr. MCCAIN, from the Committee on the Federal Regulatory Commission scale. With a total length of just under Commerce, Science, and Transportation, under Section 13 of the Power Act. On 36 feet and carrying six or fewer pas- with amendments: many occasions, the Congress has sengers, the Puffin is not the foreign S. 2340: A bill to direct the National Insti- granted similar noncontroversial ex- built challenge to American shipyards tute of Standards and Technology to estab- tensions to licensees for projects in and shipping envisioned by the drafters lish a program to support research and train- other states. This legislation would of the Merchant Marine Act of 1920. In- ing in methods of detecting the use of per- provide additional time for the munic- deed, it poses no threat to larger U.S. formance-enhancing substances by athletes, coastal shipping interests. On the con- and for other purposes (Rept. No. 106–278). ipal licensees to conclude their nego- trary, instead of being a threat to the f tiations with the potential power purchasers. In introducing this legislation, local coastal trade, reclassification of INTRODUCTION OF BILLS AND I am not expressing any personal views the Puffin will provide a beneficial JOINT RESOLUTIONS on whether the projects should go for- service to the community of Norwalk and the people of southwestern Con- The following bills and joint resolu- ward or on how the projects should be necticut by creating an additional rections were introduced, read the first funded; that is clearly the responsi- reational and small business oppor- and second times by unanimous con- bility of the municipal licensees and tunity. sent, and referred as indicated: the residents of the township. I urge my colleagues to support this I believe it is altogether appropriate By Mr. SPECTER: to grant a Jones Act waiver for the S. 2499. A bill to extend the deadline for legislation and ask unanimous consent that the text of this bill be printed in sailing sloop Puffin and I urge the Sen- commencement of construction of a hydro- ate to do so. I ask unanimous consent electric project in the State of Pennsylvania; the RECORD. to the Committee on Energy and Natural There being no objection, the bill was that the text of the bill be printed in the RECORD. Resources. ordered to be printed in the RECORD, as There being no objection, the bill was By Mr. DODD: follows: S. 2500. A bill to authorize the Secretary of ordered to be printed in the RECORD, as Transportation to issue a certificate of docu- S. 2499 follows: mentation with appropriate endorsement for Be it enacted by the Senate and House of Rep- S. 2500 resentatives of the United States of America in employment in the coastwise trade for the Be it enacted by the Senate and House of Rep- Congress assembled, vessel PUFFIN; to the Committee on Com- resentatives of the United States of America in merce, Science, and Transportation. SECTION 1. EXTENSION OF DEADLINE AND REIN- Congress assembled, STATEMENT OF LICENSE. By Mr. JOHNSON: SECTION 1. CERTIFICATE OF DOCUMENTATION. S. 2501. A bill to provide access and choice (a) IN GENERAL.—Notwithstanding the time Notwithstanding section 27 of the Mer- for use of generic drugs instead of nongeneric period specified in section 13 of the Federal chant Marine Act, 1920 (46 U.S.C. App. 883), drugs under Federal health care programs, Power Act (16 U.S.C. 806) that would other- section 8 of the Act of June 19, 1886 (24 Stat. and for other purposes; to the Committee on wise apply to the Federal Energy Regulatory 81, chapter 421; 46 U.S.C. App. 289), and sec- Health, Education, Labor, and Pensions. Commission project numbered 7041, the Com- tions 12106 and 12108 of title 46, United States By Mr. SARBANES (for himself and mission shall, at the request of the licensee Code, the Secretary of Transportation may Ms. MIKULSKI): for the project, extend the period required issue a certificate of documentation with ap- S. 2502. A bill to establish in the Office of for commencement of construction of the propriate endorsement for employment in the Architect of the Capitol the position of project until December 31, 2001. the coastwise trade for the vessel PUFFIN, Director of Fire Safety and Protection to as- (b) EFFECTIVE DATE.—Subsection (a) takes United States official number 697029.∑ sume responsibility for fire safety and pro- effect on the expiration of the period re- tection activities of the Architect of the quired for commencement of construction of By Mr. JOHNSON: Capitol, and for other purposes; to the Com- the project described in subsection (a). S. 1501. A bill to provide access and mittee on Rules and Administration. (c) REINSTATEMENT OF EXPIRED LICENSE.— choice for use of generic drugs instead f If the license for the project described in subsection (a) has expired before the date of of nongeneric drugs under Federal SUBMISSION OF CONCURRENT AND enactment of this Act, the Commission shall health care program, and for other pur- SENATE RESOLUTIONS reinstate the license effective as of the date poses; to the Committee on Health, of its expiration and extend the time re- Education, Labor, and Pensions. The following concurrent resolutions quired for commencement of construction as GENERIC PHARMACEUTICAL ACCESS AND CHOICE and Senate resolutions were read, and provided in subsection (a). FOR CONSUMERS ACT OF 2000 referred (or acted upon), as indicated: ∑ Mr. JOHNSON. Mr. President, today, By Mr. TORRICELLI (for himself and By Mr. DODD: I am introducing legislation as one Mr. LAUTENBERG): S. 2500. A bill to authorize the Sec- more step in my fight to combat rising S. Res. 302. A resolution expressing the retary of Transportation to issue a cer- prescription drug prices and reduce the sense of the Senate that the Health Care Fi- tificate of documentation with appro- nancing Administration should consider cur- cost of medication for consumers in priate endorsement for employment in this country. My legislation, called the rent systems that provide better, more cost the coastwise trade for the vessel effective emergency transport before pro- Generic Pharmaceutical Access and mulgating any final rule regarding the deliv- Puffin; to the Committee on Com- Choice For Consumers Act of 2000, aims ery of emergency medical services; to the merce, Science, and Transportation. to reduce the cost of prescription medi- Committee on Finance. JONES ACT WAIVER FOR THE ‘‘PUFFIN’’ cation to American taxpayers and the f ∑ Mr. DODD. Mr. President, I rise U.S. government by encouraging the today to introduce legislation to waive use of Food and Drug Administration STATEMENTS ON INTRODUCED the 1920 Merchant Marine Act, the so- (FDA) approved, therapeutically equiv- BILLS AND JOINT RESOLUTIONS called Jones Act, to allow Mr. Thomas alent generic prescription drugs within By Mr. SPECTER: Brooks Brener of Norwalk, Connecticut the federal health care programs, ex- S. 2499. A bill to extend the deadline to commercially operate the Puffin, a cept if the non-generic form is either for commencement of construction of a sailing sloop built in the Netherlands ordered by the prescribing physician or hydroelectric project in the State of in 1985. requested by the patient. Pennsylvania; to the Committee on En- Mr. Brener seeks the Jones Act waiv- The Generic Pharmaceutical Access ergy and Natural Resources. er in order to reclassify the Puffin from and Choice For Consumers Act of 2000 LEGISLATION PROVIDING FOR A PROJECT a strictly recreational vessel to a char- establishes a straightforward and cost- DEADLINE EXTENSION ter or commercial vessel documented effective means of increasing con- Mr. SPECTER. Mr. President, I rise to operate with six or fewer paying pas- sumers’ access and choice to safe, af- today to introduce legislation that sengers. If granted this waiver, Mr. fordable generic prescription drugs

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.055 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3329 under federal health care programs tion that adds a prescription drug ben- TITLE I—ENCOURAGEMENT OF THE USE which could result in savings of mil- efit to the Medicare program. I strong- OF GENERIC DRUGS lions of dollars. ly believe that the utilization of high- Sec. 101. Encouragement of the use of ge- The Federal Employee Health Bene- quality generic pharmaceutical in a neric drugs under the Public fits Program (FEHBP), which last year Medicare prescription drug benefit Health Service Act. spent $18.2 billion providing health in- would provide a built in cost control Sec. 102. Application to Federal employees surance coverage to its estimated 4.12 health benefits program. mechanism that would help ensure the Sec. 103. Application to medicare program. million enrollees, spent nearly twenty economic feasibility and sustainability Sec. 104. Application to medicaid program. percent, $3.6 billion, of their insurance of any new benefit. Sec. 105. Application to Indian Health Serv- program costs on pharmaceutical bene- And third, the bill I am introducing ice. fits alone. This year brought little re- today works to prevent a tactic used Sec. 106. Application to veterans programs. lief when the Office of Personnel Man- by the brand drug industry to prevent Sec. 107. Application to recipients of uni- agement (OPM) announced that generics from reaching the consumers formed services health care. FEHBP premium increases for the year by convincing state legislatures to pass Sec. 108. Application to Federal prisoners. 2000 were about 9.3 percent, mostly at- unwarranted restrictions to the substi- TITLE II—THERAPEUTIC EQUIVALENCE tributable to the cost increase in pre- tution of generic versions of brand REQUIREMENTS FOR GENERIC DRUGS scription drug claims. name drugs. The campaign that some Sec. 201. Therapeutic equivalence of generic In 1997, about one-third of all pre- brand name drug companies lobby in drugs. scriptions under the FEHBP were for some states is nothing more than an TITLE III—GENERIC PHARMACEUTICALS generic drugs. The Office of Personnel attempt by the brand name companies AND MEDICARE REFORM Management (OPM), which administers to protect their market share. The Ge- Sec. 301. Sense of the Senate regarding a the FEHBP, estimated that total costs neric Pharmaceutical Access and preference for the use of generic for prescription drugs would drop by Choice For Consumers Act increases pharmaceuticals under the about fifteen percent if half of all pre- the level playing field for generic phar- medicare program. scriptions were for generic drugs. maceutical by requiring the Food and SEC. 2. FINDINGS AND PURPOSES. A 1998 study conducted by the Con- Drug Administration, where appro- (a) FINDINGS.—Congress makes the fol- gressional Budget Office estimates that priate, to determine that a generic lowing findings: generic pharmaceutical substitution (1) Generic pharmaceuticals are approved pharmaceutical is the therapeutic by the Food and Drug Administration on the saves consumers nationwide approxi- equivalent of its brand-name counter- basis of testing and other information estab- mately eight to ten billion dollars a part, and affording national uniformity lishing that such pharmaceuticals are thera- year. to that determination. peutically equivalent to brand-name phar- Some FEHBP plans and other federal The legislation would also prevent a maceuticals, ensuring consumers a safe, effi- health care programs do to some ex- State from establishing or continuing cacious, and cost-effective alternative to tent encourage the use of generic pre- any requirement that keeps generic brand-name pharmaceuticals. scription drugs but the practice is not pharmaceutical off the market once (2) The pharmaceutical market has become mandatory or universally incorporated FDA has determined that a generic increasingly competitive during the last dec- into all programs. The Generic Phar- ade because of the increasing availability drug is ‘‘therapeutically equivalent’’ to and accessibility of generic pharmaceuticals. maceutical Access and Choice For Con- a brand name drug. This provision will (3) The Congressional Budget Office esti- sumers Act simply directs all federal ensure that generic prescription drugs mates that— health care programs that provide pre- get to the market in a timely fashion (A) the substitution of generic pharma- scription drug plans to fill prescrip- and provide consumers with access and ceuticals for brand-name pharmaceuticals tions with FDA approved, therapeuti- choice to low cost, high-quality alter- will save purchasers of pharmaceuticals be- cally equivalent generic prescription natives. tween $8,000,000,000 and $10,000,000,000 each drugs, except if the non-generic form is As the year continues, we will see year; and either ordered by the prescribing physi- more discussion about how we provide (B) quality generic pharmaceuticals cost between 25 percent and 60 percent less than cian or requested by the patient. Medicare coverage of prescription brand-name pharmaceuticals, resulting in an I believe we can take greater steps to drugs and I hope that ultimately that’s estimated average savings of $15 to $30 on increase the utilization of high-quality, where we’ll wind up some day. How- each prescription filled. FDA approved generic pharmaceutical ever, I believe that minimizing cost (4) Generic pharmaceuticals are widely ac- which cost between twenty-five and through full access to generic drugs cepted by both consumers and the medical sixty percent less than brand-name must be part of any effort to address profession, as the market share held by ge- pharmaceutical, resulting in an esti- the prescription drug pricing issue. I neric pharmaceuticals compared to brand- mated average savings of fifteen to introduced the Generic Pharmaceutical name pharmaceuticals has more than doubled during the last decade, from approxi- thirty dollars on each prescription Access and Choice For Consumers Act mately 19 percent to 43 percent, according to filled. of 2000 to lay the ground work early in the Congressional Budget Office. Generic pharmaceutical are widely these discussions and take some con- (b) PURPOSES.—The purposes of this Act accepted by both consumers and the structive steps in the right direction so are— medical profession, as the market that the American public can get the (1) to reduce the cost of prescription drugs share held by generic pharmaceutical full benefit of safe, affordable generic to the United States Government and to compared to brand-name prescription prescription drugs and taxpayers are beneficiaries under Federal health care pro- drugs has more than doubled during treated right at the same time. grams while maintaining the quality of the last decade, from approximately I ask unanimous consent that the health care by encouraging the use of generic drugs rather than nongeneric drugs nineteen to forty-three percent, ac- text of the legislation be printed in the under those programs whenever feasible; and cording to the Congressional Budget RECORD. (2) to increase the utilization of generic Office. Yet, despite accounting for just There being no objection, the bill was pharmaceuticals by requiring the Food and over forty percent of the prescriptions ordered to be printed in the RECORD, as Drug Administration, where appropriate, to drugs dispensed, generic pharma- follows: determine that a generic pharmaceutical is ceutical represent only 8 percent of the S. 2501 the therapeutic equivalent of its brand-name total dollar volume spent on drugs. Be it enacted by the Senate and House of Rep- counterpart, and by affording national uni- Since there exists no current cov- resentatives of the United States of America in formity to that determination. erage for outpatient prescription drugs Congress assembled, TITLE I—ENCOURAGEMENT OF THE USE under the Medicare program, a second SECTION 1. SHORT TITLE; TABLE OF CONTENTS. OF GENERIC DRUGS component of my bill includes a Sense (a) SHORT TITLE.—This Act may be cited as SEC. 101. ENCOURAGEMENT OF THE USE OF GE- of the Senate that legislative language the ‘‘Generic Pharmaceutical Access and NERIC DRUGS UNDER THE PUBLIC Choice for Consumers Act of 2000’’. HEALTH SERVICE ACT. requiring, to the extent feasible, a pref- (b) TABLE OF CONTENTS.—The table of con- (a) IN GENERAL.—Part B of title II of the erence for the safe and cost-effective tents of this Act is as follows: Public Health Service Act (42 U.S.C. 238 et use of generic pharmaceutical be con- Sec. 1. Short title; table of contents. seq.) is amended by adding at the end the fol- sidered in conjunction with any legisla- Sec. 2. Findings and purposes. lowing new section:

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MY6.118 pfrm09 PsN: S03PT1 S3330 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘SEC. 247. USE OF GENERIC DRUGS ENCOUR- SEC. 104. APPLICATION TO MEDICAID PROGRAM. ‘‘§ 1110. Use of generic drugs encouraged AGED. (a) IN GENERAL.—Section 1902(a) of the So- ‘‘The Secretary of Defense shall ensure ‘‘(a) Each grant or contract entered into cial Security Act (42 U.S.C. 1396a(a)) is that, whenever feasible, each health care under this Act that involves the provision of amended— provider who furnishes a drug furnishes the health care items or services to individuals (1) in paragraph (64), by striking ‘‘and’’ at generic form of the drug (as defined in sec- shall include provisions to ensure that, to the end; tion 247(b)(1) of the Public Health Service the extent feasible, any prescriptions pro- (2) in paragraph (65), by striking the period Act), unless the nongeneric form of the drug vided for under such grant or contract are at the end and inserting ‘‘; and’’; and (as defined in section 247(b)(2) of such Act) filled by providing the generic form of the (3) by adding the following new paragraph: is— drug involved, unless the nongeneric form of ‘‘(66) provide that the State shall, in con- ‘‘(1) specifically ordered by the prescribing the drug is— junction with the program established under provider; or ‘‘(1) specifically ordered by the prescribing section 1927(g), to the extent feasible, pro- ‘‘(2) requested by the individual for whom provider; or vide for the use of a generic form of a drug the drug is prescribed.’’. ‘‘(2) requested by the individual for whom (as defined in section 247(b)(1) of the Public (b) CLERICAL AMENDMENT.—The table of the drug is prescribed. Health Service Act), unless the nongeneric sections at the beginning of such chapter is ‘‘(b) In this section: form of the drug (as defined in section amended by inserting after the item relating ‘‘(1) The term ‘generic form of the drug’ 247(b)(2) of such Act is— to section 1109 the following new item: means a drug that is the subject of an appli- ‘‘(A) specifically ordered by the provider; ‘‘1110. Use of generic drugs encouraged.’’. cation approved under section 505(j) of the or (c) EFFECTIVE DATE.—The amendments Federal Food, Drug, and Cosmetic Act (21 ‘‘(B) requested by the individual to whom made by this section shall apply with respect U.S.C. 355(j)), for which the Secretary has the drug is provided.’’. to any drug furnished on or after the date of made a determination that the drug is the (b) EFFECTIVE DATE.—The amendment enactment of this Act. therapeutic equivalent of a listed drug under made by this section shall apply with respect SEC. 108. APPLICATION TO FEDERAL PRISONERS. section 505(j)(5)(E) of that Act (21 U.S.C. to any drug furnished under State plans that (a) IN GENERAL.—Section 4006(b) of title 18, 355(j)(5)(E)). are approved or renewed on or after the date United States Code, is amended by adding at ‘‘(2) The term ‘nongeneric form of the drug’ of enactment of this Act. the end the following new paragraph: means a drug that is the subject of an appli- SEC. 105. APPLICATION TO INDIAN HEALTH SERV- ‘‘(3) USE OF GENERIC DRUGS ENCOURAGED.— cation approved under section 505(b) of the ICE. The Attorney General shall ensure that, Federal Food, Drug, and Cosmetic Act (21 (a) IN GENERAL.—Title II of the Indian whenever feasible, each health care provider U.S.C. 355(b)).’’. Health Care Improvement Act (25 U.S.C. 1621 who furnishes a drug to a prisoner charged (b) EFFECTIVE DATE.—The amendment et seq.) is amended by adding at the end the with or convicted of an offense against the made by this section shall apply with respect following new subsection: United States furnishes the generic form of to any drug furnished on or after the date of ‘‘SEC. 225. USE OF GENERIC DRUGS ENCOUR- the drug (as defined in section 247(b)(1) of the enactment of this Act. AGED. Public Health Service Act), unless the non- SEC. 102. APPLICATION TO FEDERAL EMPLOYEES ‘‘In providing health care items or services generic form of the drug (as defined in sec- HEALTH BENEFITS PROGRAM. under this Act, the Indian Health Service tion 247(b)(2) of such Act) is— (a) IN GENERAL.—Section 8902 of title 5, shall ensure that, to the extent feasible, any ‘‘(A) specifically ordered by the prescribing United States Code, is amended by adding at prescriptions that are provided for under this provider; or the end the following new subsection: Act are filled by providing the generic form ‘‘(B) requested by the prisoner for whom ‘‘(p) To the extent feasible, if a contract of the drug (as defined in section 247(b)(1) of the drug is prescribed.’’. under this chapter provides for the provision the Public Health Service Act) involved, un- (b) EFFECTIVE DATE.—The amendment of, the payment for, or the reimbursement of less the nongeneric form of the drug (as de- made by this section shall apply with respect the cost of any prescription drug, the carrier fined in section 247(b)(2) of such Act) is— to any drug furnished on or after the date of shall provide, pay, or reimburse the cost of ‘‘(1) specifically ordered by the prescribing enactment of this Act. the generic form of the drug (as defined in provider; or TITLE II—THERAPEUTIC EQUIVALENCE section 247(b)(1) of the Public Health Service ‘‘(2) requested by the individual for whom REQUIREMENTS FOR GENERIC DRUGS Act), except, if the nongeneric form of the the drug is prescribed.’’. drug (as defined in section 247(b)(2) of such SEC. 201. THERAPEUTIC EQUIVALENCE OF GE- (b) EFFECTIVE DATE.—The amendment NERIC DRUGS. Act) is— made by this section shall apply with respect (a) IN GENERAL.—Section 505(j) of the Fed- ‘‘(1) specifically ordered by the prescribing to any drug furnished on or after the date of eral Food, Drug, and Cosmetic Act (21 U.S.C. provider; or enactment of this Act. 355(j)) is amended— ‘‘(2) requested by the individual for whom SEC. 106. APPLICATION TO VETERANS PRO- (1) in paragraph (5), by adding at the end the drug is prescribed.’’. GRAMS. the following new subparagraph: (b) EFFECTIVE DATE.—The amendment (a) USE OF GENERIC DRUGS ENCOURAGED.— ‘‘(E)(i) For each abbreviated application made by this section shall apply to any drug Subchapter III of chapter 17 of title 38, filed under paragraph (1), the Secretary shall furnished during contract years beginning on United States Code, is amended by inserting determine whether the new drug for which or after January 1, 2001. after section 1722A the following new sec- the application is filed is the therapeutic SEC. 103. APPLICATION TO MEDICARE PROGRAM. tion: equivalent of the listed drug referred to in (a) IN GENERAL.—Section 1861(t) of the So- ‘‘§ 1722B. Use of generic drugs encouraged paragraph (2)(A)(i) prior to the approval of cial Security Act (42 U.S.C. 1395x(t)) is the application. ‘‘When furnishing a prescription drug amended by adding at the end the following ‘‘(ii) For purposes of clause (i), a new drug under this chapter, the Secretary shall fur- new paragraph: is the therapeutic equivalent of a listed drug nish a generic form of the drug (as defined in ‘‘(3) For purposes of paragraph (1), the if— section 247(b)(1) of the Public Health Service term ‘drugs’ means, to the extent feasible, ‘‘(I) each active ingredient of the new drug Act), unless the nongeneric form of the drug the generic form of the drug (as defined in and the listed drug is the same; (as defined in section 247(b)(2) of such Act) section 247(b)(1) of the Public Health Service ‘‘(II) the new drug and the listed drug (aa) is— Act), unless the nongeneric form of such are of the same dosage form; (bb) have the ‘‘(1) specifically ordered by the prescribing drug (as defined in section 247(b)(2) of such same route of administration; (cc) are iden- provider; or Act) is— tical in strength or concentration; (dd) meet ‘‘(2) requested by the individual for whom ‘‘(A) specifically ordered by the health care the same compendial or other applicable the drug is prescribed.’’. provider; or standards, except that the drugs may differ (b) CLERICAL AMENDMENT.—The table of ‘‘(B) requested by the individual to whom in shape, scoring, configuration, packaging, sections at the beginning of chapter 17 of the drug is provided.’’. excipient, expiration time, or, subject to such title is amended by inserting after the (b) EFFECTIVE DATE.— paragraph (2)(A)(v), labeling; and (ee) are ex- item relating to section 1722A the following (1) IN GENERAL.—Except as provided in pected to have the same clinical effect and new item: paragraph (2), the amendment made by this safety profile when administered to patients section shall apply with respect to any drug ‘‘1722B. Use of generic drugs encouraged.’’. under conditions specified in the labeling; furnished on or after the date of enactment (c) EFFECTIVE DATE.—The amendments and of this Act. made by this section shall apply with respect ‘‘(III) the new drug does not (aa) present a (2) MEDICARE+CHOICE PLANS.—In the case of to any drug furnished on or after the date of known or potential bioequivalence problem a Medicare+Choice plan offered by a enactment of this Act. and meets an acceptable in vitro standard; or Medicare+Choice organization under part C SEC. 107. APPLICATION TO RECIPIENTS OF UNI- (bb) if the new drug presents a known or po- of title XVIII of the Social Security Act (42 FORMED SERVICES HEALTH CARE. tential bioequivalence problem, the drug is U.S.C. 1395w–21 et seq.), the amendment (a) USE OF GENERIC DRUGS ENCOURAGED.— shown to meet an appropriate bioequivalence made by this section shall apply to any drug Chapter 55 of title 10, United States Code, is standard. furnished during contract years beginning on amended by adding at the end the following ‘‘(iii) With respect to a new drug for which or after January 1, 2001. new section: an abbreviated application is filed under

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.059 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3331 paragraph (1), the provisions of this subpara- My legislation seeks to address these CLELAND) was added as a cosponsor of graph shall supersede any provisions of the fire code violations by improving upon S. 505, a bill to give gifted and talented law of any State relating to the determina- the expertise and accountability of the students the opportunity to develop tion of the therapeutic equivalence of the drug to a listed drug.’’; and Office of the Architect of the Capitol their capabilities. (2) in paragraph (7)(A), by adding at the with regard to fire safety. The measure S. 577 end the following: establishes a position to be appointed At the request of Mr. HATCH, the ‘‘(iv) The Secretary shall include in each by and responsible to the Architect to name of the Senator from Virginia (Mr. revision of the list under clause (ii) on or meet his responsibility for fire safety WARNER) was added as a cosponsor of S. after the date of enactment of this clause the and protection within the Capitol Com- 577, a bill to provide for injunctive re- official and proprietary name of each listed plex. The Director of Fire Safety and lief in Federal district court to enforce drug that is therapeutically equivalent to a Protection will work to ensure that all new drug approved under this subsection State laws relating to the interstate during the preceding 30-day period, as deter- properties under the jurisdiction of the transportation of intoxicating liquor. mined under paragraph (5)(E).’’. Architect, including the U.S. Capitol, S. 682 (b) EFFECTIVE DATE.—The amendments House and Senate Office Buildings, Li- At the request of Mr. SMITH of Or- made by this section shall take effect on the brary of Congress, U.S. Botanical Gar- egon, his name was added as a cospon- date of enactment of this Act. dens, and the Capitol Power Plant, sor of S. 682, a bill to implement the TITLE III—GENERIC PHARMACEUTICALS meet the applicable codes and stand- Hague Convention on Protection of AND MEDICARE REFORM ards established by the National Fire Children and Co-operation in Respect SEC. 301. SENSE OF THE SENATE REGARDING A Protection Association. The Director of Intercounty Adoption, and for other PREFERENCE FOR THE USE OF GE- will be responsible for conducting reg- NERIC PHARMACEUTICALS UNDER purposes. ular inspections of the properties, as THE MEDICARE PROGRAM. S. 702 It is the sense of the Senate that legisla- well as their fire alarm and protection At the request of Mr. HARKIN, the tive language requiring, to the extent fea- systems, and training employees of the name of the Senator from Hawaii (Mr. sible, a preference for the safe and cost-effec- Architect of the Capitol in the proper AKAKA) was added as a cosponsor of S. tive use of generic pharmaceuticals should use and maintenance of these systems be considered in conjunction with any legis- 702, a bill to amend the Fair Labor and the storage of hazardous chemicals lation that adds a comprehensive prescrip- Standards Act of 1938 to prohibit dis- and materials. This legislation would tion drug benefit to the medicare program crimination in the payment of wages also require the Director to make under title XVIII of the Social Security Act on account of sex, race, or national ori- (42 U.S.C. 1395 et seq.).∑ semiannual reports to the Congress on gin, and for other purposes. the progress of his or her efforts in By Mr. SARBANES (for himself making the Capitol Complex fire-safe. S. 729 and Ms. MIKULSKI): As a longtime advocate for historic At the request of Mr. CRAIG, the S. 2502. A bill to establish in the Of- preservation, I want to stress that this name of the Senator from Wyoming fice of the Architect of the Capitol the legislation recognizes the historic na- (Mr. ENZI) was added as a cosponsor of position of Director of Fire Safety and ture of the buildings under the jurisdic- S. 729, a bill to ensure that Congress Protection to assume responsibility for tion of the Architect and provides the and the public have the right to par- fire safety and protection activities of Director with the flexibility necessary ticipate in the declaration of national the Architect of the Capitol, and for to ensure that the properties are pre- monuments on federal land. other purposes; to the Committee on served and rehabilitated in such a man- S. 832 Rules and Administration. ner to retain their historical and archi- At the request of Mr. FRIST, the UNITED STATES CAPITOL FIRE PROTECTION ACT tectural significance. name of the Senator from West Vir- Mr. SARBANES. Mr. President, Mr. President, the United States Cap- ginia (Mr. ROCKEFELLER) was added as today I am introducing legislation, to- itol Fire Protection Act is an impor- a cosponsor of S. 832, a bill to extend gether with my colleague, Senator MI- tant step in addressing a critical situa- the commercial space launch damage KULSKI, to enhance fire safety and pro- tion. I urge my colleagues to support indemnification provisions of section tection in the United States Capitol its passage. 70113 of title 49, United States Code. and the buildings within the Capitol f S. 1155 Complex. Last year, in response to a request ADDITIONAL COSPONSORS At the request of Mr. ROBERTS, the name of the Senator from Virginia (Mr. made by congressional employees S. 2 under the Congressional Account- ROBB) was added as a cosponsor of S. At the request of Ms. LANDRIEU, her ability Act of 1995, the General Counsel 1155, a bill to amend the Federal Food, name was withdrawn as a cosponsor of Drug, and Cosmetic Act to provide for of the Office of Compliance conducted a S. 2, a bill to extend programs and ac- fire safety inspection of the Capitol uniform food safety warning notifica- tivities under the Elementary and Sec- tion requirements, and for other pur- Complex. The resulting report, the Re- ondary Education Act of 1965. port on Fire Safety Inspections of Con- poses. S. 344 gressional Buildings, outlined an S. 1361 alarming number of fire code viola- At the request of Mr. BOND, the name At the request of Mr. STEVENS, the tions in the U.S. Capitol, as well as the of the Senator from Arkansas (Mr. name of the Senator from Arkansas House and Senate Office Buildings. The HUTCHINSON) was added as a cosponsor (Mr. HUTCHINSON) was added as a co- report identified significant fire code of S. 344, a bill to amend the Internal sponsor of S. 1361, a bill to amend the violations existing throughout every Revenue Code of 1986 to provide a safe Earthquake Hazards Reduction Act of one of these buildings, including, but harbor for determining that certain in- 1977 to provide for an expanded Federal not limited to, ‘‘lack of fire barriers to dividuals are not employees. program of hazard mitigation, relief, retard the spread of fire and smoke, in- S. 345 and insurance against the risk of cata- adequate exit signs and exit capacity, At the request of Mr. ALLARD, the strophic natural disasters, such as hur- deficient emergency lighting, limited names of the Senator from Virginia ricanes, earthquakes, and volcanic sprinkler coverage, and dangerous stor- (Mr. ROBB) and the Senator from Ha- eruptions, and for other purposes. age of flammable and toxic materials.’’ waii (Mr. INOUYE) were added as co- S. 1690 Furthermore, in March, the Office of sponsors of S. 345, a bill to amend the At the request of Mr. MACK, the name Compliance issued eight citations or- Animal Welfare Act to remove the lim- of the Senator from South Dakota (Mr. dering the Architect of the Capitol, itation that permits interstate move- JOHNSON) was added as a cosponsor of who is responsible for fire safety and ment of live birds, for the purpose of S. 1690, a bill to require the United protection within the Complex, to take fighting, to States in which animal States to take action to provide bilat- action to increase fire alarm and sprin- fighting is lawful. eral debt relief, and improve the provi- kler systems testing and improve the S. 505 sion of multilateral debt relief, in training of staff in the handling of haz- At the request of Mr. GRASSLEY, the order to give a fresh start to poor coun- ardous materials. name of the Senator from Georgia (Mr. tries.

VerDate 27-APR-2000 04:47 May 04, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.059 pfrm09 PsN: S03PT1 S3332 CONGRESSIONAL RECORD — SENATE May 3, 2000 S. 1921 commemorating the speech of Martin provements to, and permanently au- At the request of Mr. CAMPBELL, the Luther King, Jr., known as the ‘‘I Have thorize, the visa waiver pilot program names of the Senator from South Caro- A Dream’’ speech. under the Act. lina (Mr. THURMOND), the Senator from S. 2280 S. 2417 Ohio (Mr. VOINOVICH), the Senator from At the request of Mr. MCCONNELL, At the request of Mr. CRAPO, the Minnesota (Mr. GRAMS) and the Sen- the name of the Senator from Pennsyl- names of the Senator from Wash- ator from California (Mrs. FEINSTEIN) vania (Mr. SANTORUM) was added as a ington, (Mr. GORTON) and the Senator were added as cosponsors of S. 1921, a cosponsor of S. 2280, a bill to provide from Maine (Ms. COLLINS) were added bill to authorize the placement within for the effective punishment of online as cosponsors of S. 2417, a bill to amend the site of the Vietnam Veterans Me- child molesters. the Federal Water Pollution Control morial of a plaque to honor Vietnam S. 2287 Act to increase funding for State veterans who died after their service in At the request of Mr. L. CHAFEE, the nonpoint source pollution control pro- the Vietnam war, but as a direct result names of the Senator from California grams and for other purposes. of that service. (Mrs. FEINSTEIN) and the Senator from S. 2477 S. 2044 Maine (Ms. SNOWE) were added as co- At the request of Mr. GRASSLEY, the At the request of Mr. CAMPBELL, the sponsors of S. 2287, a bill to amend the names of the Senator from Arkansas names of the Senator from Kansas (Mr. Public Health Service Act to authorize (Mrs. LINCOLN), the Senator from Mon- BROWNBACK) and the Senator from New the Director of the National Institute tana (Mr. BURNS), the Senator from Mexico (Mr. BINGAMAN) were added as of Environment Health Sciences to Pennsylvania (Mr. SANTORUM) and the cosponsors of S. 2044, a bill to allow make grants for the development and Senator from Oregon (Mr. WYDEN) were postal patrons to contribute to funding operation of research centers regarding added as cosponsors of S. 2477, a bill to for domestic violence programs environmental factors that may be re- amend the Social Security Act to pro- through the voluntary purchase of spe- lated to the etiology of breast cancer. vide additional safeguards for bene- cially issued postage stamps. S. 2297 ficiaries with representative payees S. 2070 At the request of Mr. CRAPO, the under the Old-Age, Survivors, and Dis- At the request of Mr. FITZGERALD, names of the Senator from Ohio (Mr. ability Insurance program or the Sup- the name of the Senator from South VOINOVICH), the Senator from Colorado plemental Security Income program. Carolina (Mr. HOLLINGS) was added as a (Mr. ALLARD), the Senator from S. 2486 cosponsor of S. 2070, a bill to improve Vermont (Mr. LEAHY) and the Senator At the request of Mr. WARNER, the safety standards for child restraints in from Virginia (Mr. ROBB) were added as names of the Senator from Maine (Ms. motor vehicles. cosponsors of S. 2297, a bill to reauthor- COLLINS) and the Senator from Ala- S. 2071 ize the Water Resources Research Act bama (Mr. SHELBY) were added as co- At the request of Mr. GORTON, the of 1984. sponsors of S. 2486, a bill to amend title name of the Senator from New Mexico S. 2299 10, United States Code, to improve ac- (Mr. DOMENICI) was added as a cospon- At the request of Mr. L. CHAFEE, the cess to benefits under the TRICARE sor of S. 2071, a bill to benefit elec- name of the Senator from Minnesota program; to extend and improve cer- tricity consumers by promoting the re- (Mr. GRAMS) was added as a cosponsor tain demonstration programs under the liability of the bulk-power system. of S. 2299, a bill to amend title XIX of Defense Health Program; and for other S. 2112 the Social Security Act to continue purposes. At the request of Mr. TORRICELLI, the State Medicaid disproportionate share S. CON. RES. 84 name of the Senator from Missouri hospital (DSH) allotments for fiscal At the request of Mr. WARNER, the (Mr. ASHCROFT) was added as a cospon- year 2001 at the levels for fiscal year name of the Senator from Idaho (Mr. sor of S. 2112, a bill to provide housing 2000. CRAIG) was added as a cosponsor of S. assistance to domestic violence vic- S. 2320 Con. Res. 84, a concurrent resolution expressing the sense of Congress re- tims. At the request of Mr. JEFFORDS, the garding the naming of aircraft carrier S. 2183 name of the Senator from Montana CVN–77, the last vessel of the historic At the request of Mr. CRAPO, the (Mr. BURNS) was added as a cosponsor name of the Senator from Oregon (Mr. of S. 2320, a bill to amend the Internal ‘‘Nimitz’’ class of aircraft carriers, as the U.S.S. LEXINGTON. WYDEN) was added as a cosponsor of S. Revenue Code of 1986 to allow a refund- 2183, a bill to ensure the availability of able tax credit for health insurance AMENDMENT NO. 3103 spectrum to amateur radio operators. costs, and for other purposes. At the request of Mr. AKAKA, the S. 2217 S. 2330 names of the Senator from Hawaii (Mr. INOUYE) and the Senator from Maine At the request of Mr. CAMPBELL, the At the request of Mr. ROTH, the name of the Senator from New Mexico names of the Senator from Mississippi (Ms. SNOWE) were added as cosponsors of amendment No. 3103 intended to be (Mr. BINGAMAN) was added as a cospon- (Mr. COCHRAN) and the Senator from proposed to S. 2, a bill to extend pro- sor of S. 2217, a bill to require the Sec- Arkansas (Mrs. LINCOLN) were added as retary of the Treasury to mint coins in cosponsors of S. 2330, a bill to amend grams and activities under the Elemen- commemoration of the National Mu- the Internal Revenue Code of 1986 to retary and Secondary Education Act of seum of the American Indian of the peal the excise tax on telephone and 1965. Smithsonian Institution, and for other other communication services. f purposes. S. 2365 SENATE RESOLUTION 302—EX- S. 2224 At the request of Ms. COLLINS, the PRESSING THE SENSE OF THE At the request of Mr. JEFFORDS, the name of the Senator from New Hamp- SENATE THAT THE HEALTH name of the Senator from Connecticut shire (Mr. GREGG) was added as a co- CARE FINANCING ADMINISTRA- (Mr. DODD) was added as a cosponsor of sponsor of S. 2365, a bill to amend title TION SHOULD CONSIDER CUR- S. 2224, a bill to amend the Energy Pol- XVIII of the Social Security Act to RENT SYSTEMS THAT PROVIDE icy and Conservation Act to encourage eliminate the 15 percent reduction in BETTER, MORE COST EFFECTIVE summer fill and fuel budgeting pro- payment rates under the prospective EMERGENCY TRANSPORT BE- grams for propane, kerosene, and heat- payment system for home health serv- FORE PROMULGATING ANY ing oil. ices. FINAL RULE REGARDING THE S. 2231 S. 2367 DELIVERY OF EMERGENCY MED- At the request of Mr. COVERDELL, the At the request of Mr. ABRAHAM, the ICAL SERVICES name of the Senator from Arizona (Mr. name of the Senator from Minnesota Mr. TORRICELLI (for himself and MCCAIN) was added as a cosponsor of S. (Mr. GRAMS) was added as a cosponsor Mr. LAUTENBERG) submitted the fol- 2231, a bill to provide for the placement of S. 2367, a bill to amend the Immigra- lowing resolution; which was referred at the Lincoln Memorial of a plaque tion and Nationality Act to make im- to the Committee on Finance:

VerDate 27-APR-2000 04:36 May 04, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.066 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3333 S. RES. 302 One of New Jersey’s greatest innova- be no incentive for EMS units to re- Whereas the State of New Jersey developed tions, and one which truly dem- spond to calls of they know their mis- and implemented a unique 2-tiered emer- onstrates the community based ap- sion has been given to MICUs. gency medical services system nearly 25 proach which has been so successful, is While I applaud HCFAs intentions in years ago as a result of studies conducted in the development of our Emergency releasing the new rules, which are de- New Jersey about the best way to provide Medical Services (EMS) system. The signed to control costs by enforcing services to State residents; Whereas the 2-tiered system established in current EMS system in New Jersey, one, standardized, system throughout New Jersey includes volunteer and for-profit which has been in place for roughly 25 the country, I am dismayed by the im- emergency medical technicians who provide years, was designed as a modern rem- pact this will have on New Jersey. Our basic life support and hospital-based para- edy to the age old problem of guaran- system, when compared to the system medics who provide advanced life support; teeing access to emergency transport, HCFA is set to approve, would save an Whereas the New Jersey system has pro- while at the same time preserving local estimated $39 million annually, due to vided universal access for all New Jersey involvement in the delivery of services the preponderance of BLS calls and the residents to affordable emergency services, while simultaneously ensuring that those and preventing skyrocketing costs. large number of EMS volunteers who persons in need of the most advanced care re- The New Jersey EMS system accom- respond to these calls. But beyond the ceive such care from the proper authorities; plished all three goals by establishing a cost savings, the elimination of EMS Whereas the New Jersey system currently two-tiered approach to emergency units would jeopardize the prompt has an estimated 20,000 emergency medical transport. This two-tiered system inservice that New Jersey residents have technicians providing ambulance transpor- cludes volunteer and for-profit Emer- come to rely on. tation for basic life support and advanced gency Medical Technicians (EMTs) who The resolution I am submitting life support emergencies, over 80 percent of provide basic life support (BLS), and today seeks to emphasize the benefits which are handled by volunteers who are not reimbursed under the medicare program hospital-based paramedics, who provide of two-tiered EMS in my State, and re- under title XVIII of the Social Security Act; advanced life support (ALS). Basic and quest that HCFA do its best to preserve Whereas the hospital-based paramedics, advanced life support are differentiated this highly beneficial and cost effective also known as mobile intensive care units, by the status of the victim, with the system. HCFA has always been a are reimbursed under the medicare program most serious injuries, such as heart at- strong supporter of measures that im- when they respond to advanced life support tacks, treated by ALS paramedics. prove the delivery of healthcare serv- emergencies; The two-tiered system has been an ices, while lowering the cost to tax- Whereas the New Jersey system saves the unqualified success in New Jersey, pro- lives of thousands of New Jersey residents payers. I believe that once they have each year, while saving the medicare providing universal access for all residents been made fully aware of the impor- gram an estimated $39,000,000 in reimburse- to affordable emergency services, while tance of this issue, the agency will act ment fees; simultaneously ensuring that those responsibly and include an exemption Whereas when Congress requested that the persons in need of the most advanced for New Jersey. Health Care Financing Administration enact care receive it from the proper authori- It is my hope that the Senate will see changes to the emergency medical services ties. The system allows almost 500 the importance of supporting my reso- fee schedule as a result of the Balanced local volunteer emergency medical Budget Act of 1997, including a general over- lution, not just for the impact it will haul of reimbursement rates and administra- technician (EMT) squads to blanket have on the residents of my State, by tive costs, it was in the spirit of stream- the entire State with quick and effec- also for the statement it will make lining the agency, controlling skyrocketing tive initial responses to emergencies. about the Heath Care Financing Ad- healthcare costs, and lengthening the sol- In the case of more serious emer- ministration’s mission. vency of the medicare program; gencies, paramedics are strategically f Whereas the Health Care Financing Ad- stationed at various hospitals through- ministration is considering implementing out the State to provide secondary as- AMENDMENTS SUBMITTED new emergency medical services reimbursement guidelines that would destabilize or sistance. In either case, the EMTs will eliminate the 2-tier system that has devel- generally transport patients to the EDUCATIONAL OPPORTUNITIES oped in the State of New Jersey: Now, there- hospital with the paramedics, if nec- ACT fore, be it essary, along to provide care. Resolved, That it is the sense of the Senate There are currently an estimated that the Health Care Financing Administra- 20,000 EMTs providing ambulance GORTON (AND OTHERS) tion should— transportation for virtually all BLS AMENDMENT NO. 3110 (1) consider the unique nature of the emer- and ALS emergencies, close to 400,000 gency medical services delivery system in Mr. GORTON (for himself, Mr. calls each year. It is estimated that New Jersey when implementing new reim- GREGG, Mr. LOTT, Mr. COVERDELL, Ms. over 80 percent of these calls are han- bursement guidelines for paramedics and COLLINS, and Mr. VOINOVICH) proposed hospitals under the medicare program under dled by volunteers who are not reim- an amendment to the bill (S. 2) to ex- title XVIII of the Social Security Act; and bursed by Medicare. In contrast, the tend programs and activities under the (2) promote innovative emergency medical hospital-based paramedics, also known service systems enacted by States that re- Elementary and Secondary Education as mobile intensive care units (MICUs), Act of 1965, as follows: duce reimbursement costs to the medicare are reimbursed by Medicare when they program while ensuring that all residents re- On page 630, strike lines 24 and 25. ceive quick and appropriate emergency care respond to ALS emergencies, just as all On page 653, strike lines 12 through 22. when needed. other paramedics. On page 654, between lines 16 and 17, insert Mr. TORRICELLI. Mr. President, I Unfortunately, the great success of the following: rise today to submit a resolution that this system would be jeopardized if the ‘‘(12) ACHIEVEMENT GAP REDUCTIONS.—An would greatly improve the lives of Health Care Financing Administration assurance that the State will reduce by 10 (HCFA) finalizes plans to implement percent over the 5-year term of the perform- thousands of New Jersey residents. ance agreement, the difference between the Healthcare in New Jersey has a long new rules regarding the reimbursement of EMS services. The new HCFA EMS highest and lowest performing groups of stu- history of innovation and advance- dents described in section 6803(d)(5)(C) that ment. From the large number of phar- guidelines propose to only provide re- meet the State’s proficient and advanced maceutical companies that create new imbursement to hospital-based para- level of performance. medicines, to the hospitals and facili- medics. This would have the effect of ‘‘(13) SERVING DISADVANTAGED SCHOOLS AND ties where innovative therapies are de- requiring them to be the only respond- SCHOOL DISTRICTS.—An assurance that the velop, New Jersey remains one of the ers to provide transport for all victims State will use funds made available under most progressive healthcare States in in order to be reimbursed by Medicare. this part to serve disadvantaged schools and the country. This State was one of the This, in turn, would eliminate the two- school districts. tier structure by solely recognizing On page 656, beginning with line 22, strike first to introduce and pass a com- all through page 657, line 5, and insert the prehensive patient’s bill of rights, and MICUs, and thus also eliminate the following: one of the first to recognize the impor- need for volunteer EMS units, which ‘‘(9) Section 1502. tance of expanding access to healthcare currently provide the bulk of the trans- ‘‘(10) Any other provision of this Act that to children and low income families. port. Under the new rules, there would is not in effect on the date of enactment of

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the Educational Opportunities Act under Sec. 142. Child opportunity zone family cen- PART D—WOMEN’S EDUCATIONAL EQUITY which the Secretary provides grants to ters. Sec. 541. Women’s educational equity. States on the basis of a formula. PART E—GENERAL PROVISIONS; COMPREHEN- PART E—TECHNICAL AND CONFORMING ‘‘(11) Section 310 of the Department of Edu- SIVE SCHOOL REFORM; ASSISTANCE TO AD- AMENDMENTS cation Appropriations Act, 2000. DRESS SCHOOL DROPOUT PROBLEMS Sec. 551. Technical and conforming amend- On page 657, line 6, strike ‘‘(11)’’ and insert Sec. 151. General provisions; comprehensive ments. ‘‘(12)’’. school reform; assistance to ad- TITLE VI—HIGH PERFORMANCE AND On page 657, line 9, strike ‘‘(12)’’ and insert dress school dropout problems. ‘‘(13)’’. QUALITY EDUCATION INITIATIVES TITLE II—PROFESSIONAL On page 657, line 21, insert ‘‘that are con- Sec. 601. High performance and quality edu- DEVELOPMENT FOR TEACHERS sistent with part A of title X and’’ after cation initiatives. ‘‘purposes’’. Sec. 201. Teacher quality. Sec. 602. Technical and conforming amend- On page 665, strike lines 16 through 18, and Sec. 202. Technical assistance programs. ment. Sec. 203. Grants to States for the training of insert the following: TITLE VII—BILINGUAL EDUCATION principals. ‘‘To the extent that the provisions of this Sec. 701. Purpose. Sec. 204. Scholarships for inviting new part are inconsistent with part A of title X, Sec. 702. Authorization of appropriations. scholars to participate in re- part A of title X shall be construed as super- Sec. 703. Repeal of program development newing education. and implementation grants. seding such provisions. Sec. 205. Mentor teacher program. On page 846, line 15, strike ‘‘and’’. Sec. 703A. Performance objectives. Sec. 206. Teacher technology preparation Sec. 704. Program enhancement projects. On page 846, between lines 15 and 16, insert academies. Sec. 705. Comprehensive school and system- the following: Sec. 207. New century program and digital wide improvement grants. ‘‘(E) part H of title VI; and education content collabo- Sec. 706. Repeal of systemwide improvement On page 846, line 16, strike ‘‘(E)’’ and insert rative. grants. ‘‘(F)’’. TITLE III—TECHNOLOGY FOR Sec. 706A. Immigrants to new americans EDUCATION model programs. DASCHLE (AND OTHERS) Sec. 300. Short title. Sec. 707. Applications. Sec. 708. Repeal of intensified instruction. AMENDMENT NO. 3111 PART A—FEDERAL LEADERSHIP AND NATIONAL Sec. 709. Repeal of subgrants, priority, and Mr. DASCHLE (for himself, Mr. KEN- ACTIVITIES coordination provisions. NEDY, Mr. DODD, Mr. HARKIN, Mrs. Sec. 301. Findings. Sec. 710. Evaluations. Sec. 302. Statement of purpose. Sec. 711. Research. MURRAY, Mr. REED, Mr. BINGAMAN, Mr. Sec. 303. Prohibition against supplanting. Sec. 712. Academic excellence awards. WELLSTONE, and Mr. DURBIN) proposed Sec. 304. Repeals. Sec. 713. State grant program. an amendment to the bill, S. 2, supra; Sec. 305. Federal leadership and national ac- Sec. 714. National clearinghouse. as follows: tivities. Sec. 715. Instructional materials development. In the committee substitute strike all Sec. 306. Allotment and reallotment. Sec. 307. Technology literacy challenge Sec. 716. Training for all teachers program. after ‘‘section 1’’ on page 4 line 14 and insert fund. Sec. 717. Graduate fellowships. the following: Sec. 308. State application. Sec. 718. Repeal of program requirements. 1. SHORT TITLE. Sec. 309. Local uses of funds. Sec. 719. Program evaluations. This Act may be cited as the ‘‘Educational Sec. 310. Local applications. Sec. 720. Special rule. Excellence for All Children Act of 2000’’. Sec. 311. Repeals; conforming changes; re- Sec. 721. Repeal of finding relating to foreign language assistance. SEC. 2. TABLE OF CONTENTS; REFERENCES. designations. Sec. 312. Definitions; authorization of appro- Sec. 722. Foreign language assistance appli- (a) TABLE OF CONTENTS.—The table of con- cations. tents of this Act is as follows: priations. Sec. 313. Regional technology in education Sec. 723. Emergency immigrant education Sec. 1. Short title. consortia. purpose. Sec. 2. Table of contents; references. Sec. 724. Emergency immigrant education PART B—STAR SCHOOLS PROGRAM; Sec. 3. America’s education goals. State administrative costs. COMMUNITY TECHNOLOGY CENTERS. Sec. 4. Transition. Sec. 725. Conforming amendments. Sec. 5. Effective dates. Sec. 321. Star schools program. Sec. 726. Emergency immigrant education Sec. 322. Community technology centers. authorization of appropria- TITLE I—HELPING DISADVANTAGED PART C—READY-TO-LEARN TELEVISION tions. CHILDREN MEET HIGH STANDARDS Sec. 331. Ready-to-learn television. Sec. 727. Coordination and reporting require- Sec. 101. Policy and purpose. ments. PART D—SPECIAL PROJECTS; NEXT- Sec. 102. Authorization of appropriations. TITLE VIII—IMPACT AID Sec. 103. Reservation and allocation for GENERATION TECHNOLOGY INNOVATION AWARDS Sec. 801. Short title. school improvement. Sec. 341. Special projects; next-generation technology innovation awards. Sec. 802. Purpose. PART A—BASIC PROGRAMS Sec. 803. Payments relating to Federal ac- PART E—PREPARING TOMORROW’S TEACHERS Sec. 111. State plans. quisition of real property. TO USE TECHNOLOGY Sec. 112. Local educational agency plans. Sec. 804. Payments for eligible federally Sec. 113. Eligible school attendance areas. Sec. 351. Preparing tomorrow’s teachers to connected children. Sec. 114. Schoolwide programs. use technology. Sec. 805. Sudden and substantial increases in Sec. 115. Targeted assistance schools. PART F—REGIONAL, STATE, AND LOCAL attendance of military depend- Sec. 116. Assessment and local educational EDUCATIONAL TECHNOLOGY RESOURCES ents. agency and school improve- Sec. 361. Regional, State, and local edu- Sec. 806. School construction and facility ment. cational technology resources. modernization. Sec. 807. State consideration of payments in Sec. 117. Assistance for school support and TITLE IV—SAFE AND DRUG-FREE providing State aid. improvement. SCHOOLS AND COMMUNITIES Sec. 808. Federal administration. Sec. 118. Parental involvement. Sec. 401. Amendment to the elementary and Sec. 809. Administrative hearings and judi- Sec. 119. Professional development. secondary education act of 1965. cial review. Sec. 120. Participation of children enrolled Sec. 402. Gun-free requirements. Sec. 810. Forgiveness of overpayments. in private schools. Sec. 403. Transfer of school disciplinary Sec. 811. Applicability. Sec. 120A. Fiscal requirements. records. Sec. 812. Definitions. Sec. 120B. Early childhood education. Sec. 404. Environmental tobacco smoke. Sec. 813. Authorization of appropriations. Sec. 120C. Allocations. TITLE V—EDUCATIONAL OPPORTUNITY Sec. 814. Technical and conforming amendment. PART B—EVEN START FAMILY LITERACY INITIATIVES PROGRAMS Sec. 501. Educational opportunity initia- TITLE IX—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Sec. 121. Even start family literacy pro- tives. Sec. 901. Programs. grams. PART A—MAGNET SCHOOLS ASSISTANCE Sec. 902. Indian school construction. PART C—EDUCATION OF MIGRATORY CHILDREN Sec. 511. Magnet schools assistance. Sec. 903. Conforming amendments. Sec. 131. Program purpose. PART B—PUBLIC CHARTER SCHOOLS TITLE X—PROGRAMS OF NATIONAL Sec. 132. State application. Sec. 521. Public charter schools. SIGNIFICANCE Sec. 133. Comprehensive plan. PART C—OPTIONS: OPPORTUNITIES TO IMPROVE PART A—FUND FOR THE IMPROVEMENT OF Sec. 134. Coordination. OUR NATION’S SCHOOLS EDUCATION; ARTS IN EDUCATION PART D—PARENTAL ASSISTANCE Sec. 531. Options: Opportunities to Improve Sec. 1001. Fund for the Improvement of Edu- Sec. 141. Parental assistance. Our Nation’s Schools. cation

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PART B—GIFTED AND TALENTED CHILDREN made toward achieving those Goals. Areas in (B) With respect to Goal #2, that at least 90 Sec. 1010. Gifted and talented children which the Nation has made progress toward percent of all students graduate from high these Goals during the last decade include: school— PART C—HIGH SCHOOL REFORM (A) On Goal #1, that all children will start (i) 10 States have increased the percentage Sec. 1021. High school reform. school ready to learn, there has been an in- of young adults who have a high school di- PART D—ARTS IN EDUCATION crease in the percentages of— ploma; and Sec. 1031. Arts in education. (i) preschool children whose parents read (ii) 3 States have reduced the percentage of PART E—EXCELLENCE IN ECONOMIC EDUCATION to them or tell them stories; and students in grades 9 through 12 who leave school without completing a recognized pro- Sec. 1041. Excellence in economic education. (ii) 2-year-old children who have been fully immunized against preventable childhood gram of secondary education. PART F—ELEMENTARY AND SECONDARY diseases. (C) With respect to Goal #3, that all stu- SCHOOL LIBRARY MEDIA RESOURCES (B) On Goal #3, that all students dem- dents demonstrate competency over subject Sec. 1051. Elementary and secondary school onstrate competency over challenging sub- matter— library media resources. ject matter, the percentage of fourth, eighth, (i) 27 States have increased the percentage PART G—FOREIGN LANGUAGE ASSISTANCE and twelfth grade students who meet the of 8th-grade students who achieved to at PROGRAM Goals Panel’s performance standard in math- least the ‘‘proficient’’ standard on the 1996 National Assessment of Educational Sec. 1061. Foreign language assistance pro- ematics has increased. (C) On Goal #5, that United States students Progress (NAEP) in mathematics; and gram. (ii) 50 States have increased the percentage become first in the world in mathematics PART H—21ST CENTURY COMMUNITY LEARNING of students that received a score on an Ad- and science achievement, the percentage of CENTERS vanced Placement examination that per- all college degrees awarded that are in math- Sec. 1071. 21st Century community learning mitted the students to earn college credits in ematics and science has increased for all stu- centers. the subject area tested. dents. (D) With respect to Goal #4, that all teach- PART I—INITIATIVES FOR NEGLECTED, (D) On Goal #7, that every school in the ers have access to programs for the contin- DELINQUENT, OR AT RISK STUDENTS United States will be free of drugs, violence, ued improvement of their professional skills, Sec. 1081. Initiatives for neglected, delin- and the unauthorized presence of firearms 17 States have increased the percentage of quent, or at risk students. and alcohol, the percentage of students who public school teachers who received support PART J—NATIONAL WRITING PROJECT report that they have been threatened or in- from a master or mentor teacher during jured at school has decreased. Sec. 1091. National writing project. their first year of teaching. (4) Areas in which the Nation has been un- PART L—ADVANCED PLACEMENT PROGRAMS (E) With respect to Goal #5, that United successful in making progress toward these States students become first in the world in Sec. 1095. Advanced placement programs. Goals during the last decade include: mathematics and science achievement— Sec. 1096. Dissemination of advanced place- (A) On Goal #4, that all teachers have ac- (i) 47 States have increased the percentage ment information. cess to programs for the continued improve- of all degrees that were awarded in mathe- TITLE XI—GENERAL PROVISIONS, ment of their professional skills, the per- matics and science; DEFINITIONS AND ACCOUNTABILITY centage of secondary school teachers who (ii) 33 States have increased the percentage Sec. 1101. Definitions. hold a degree in the subject that is their of all degrees in mathematics and science Sec. 1102. Administrative funds. main teaching assignment has decreased. that were awarded to minority students; and Sec. 1103. Coordination of programs. (B) On Goal #6, that every adult will be lit- (iii) 42 States have increased the percent- Sec. 1104. Waivers. erate and prepared to compete in the global age of all degrees in mathematics and Sec. 1105. Uniform provisions. economy and exercise the rights of science that were awarded to female stu- Sec. 1106. Repeal. citizenship— dents. Sec. 1107. Evaluation and indicators. (i) fewer adults with a high school diploma (F) With respect to Goal #6, that every Sec. 1108. Coordinated services. or less, and who need additional training, are adult will be literate and prepared to com- Sec. 1109. Redesignations. participating in adult education than indi- pete in the global economy and exercise the Sec. 1110. Ed-flex partnerships. viduals who have a postsecondary education; rights of citizenship— Sec. 1111. Accountability. and (i) 39 States have increased the percentage Sec. 1112. America’s education goals panel. (ii) the difference between the percentage of high school graduates who immediately TITLE XII—PUBLIC SCHOOL REPAIR AND of Black high school graduates who complete enroll in an institution of higher education; RENOVATION a college degree and the percentage of white and high school graduates who complete a col- Sec. 1201. Public school repair and renova- (ii) 10 States have increased the percentage lege degree has increased. tion. of their citizens who registered to vote. (C) On Goal #7, that every school in the (G) With respect to Goal #8, that every TITLE XIII—COMPREHENSIVE REGIONAL United States will be free of drugs, violence, school will promote partnerships that in- ASSISTANCE CENTERS and the unauthorized presence of firearms crease parental involvement, 17 States have TITLE XIV—AMENDMENTS TO OTHER and alcohol— increased the influence of parent associa- LAWS; REPEALS (i) the percentage of students reporting tions in setting public school policies. PART A—AMENDMENTS TO OTHER LAWS that they have used an illicit drug, or that (7) Areas in which States have been unsuc- Sec. 1401. Amendments to the stewart someone offered to sell or give them drugs, cessful in making progress toward these b. Mc kinney homeless assist- has increased; Goals during the 1990s include: ance act. (ii) the percentage of public school teach- (A) On Goal #1, that all children will start Sec. 1402. Amendments to other laws. ers who report that they were threatened or school ready to learn, the percentage of in- injured at school has increased; and fants born at low birthweight has increased PART B—REPEALS (iii) a higher percentage of secondary in 32 States. Sec. 1411. Repeals. school teachers report that student disrup- (B) On Goal #2, that at least 90 percent of (b) REFERENCES.—Except as otherwise ex- tions in their classrooms interfere with their all students graduate from high school, the pressly provided, whenever in this Act an teaching. high school dropout rate has increased in 10 amendment or repeal is expressed in terms of (5) Because States began the 1990s at var- States. an amendment to, or repeal of, a section or ious levels of achievement with respect to (C) On Goal #6, that every adult will be lit- other provision, the reference shall be con- each of the Goals, the time and effort needed erate and prepared to compete in the global sidered to be made to a section or other pro- to reach the Goals will vary from State to economy and exercise the rights of citizen- vision of the Elementary and Secondary State and from Goal to Goal. ship, lower percentages of students are en- Education Act of 1965 (20 U.S.C. 6301 et seq.). (6) Individual States have made significant rolling in college immediately after high SEC. 3. AMERICA’S EDUCATION GOALS. progress toward the Goals, and some States school in 11 States. (a) FINDINGS.—The Congress finds that: have made progress in multiple areas. Areas (D) On Goal #7, that every school in the (1) America’s Education Goals (formerly in which States have made progress toward United States will be free of drugs, violence, the National Education Goals) are very am- the Goals during the last decade include: and the unauthorized presence of firearms bitious, and purposely designed to set high (A) With respect to Goal #1, that all chil- and alcohol— expectations for educational performance at dren will start school ready to learn— (i) student use of marijuana has increased every stage of an individual’s life, from the (i) 35 States have reduced the percentage of in 16 States; preschool years through adulthood. infants born with one or more of four health (ii) the percentage of students who report (2) With a focus by policymakers, edu- risks; that drugs are available on school property cators, and the public on the Goals, the Na- (ii) 50 States have increased the percentage has increased in 15 States; and tion will be able to raise its overall level of of mothers receiving early prenatal care; and (iii) the percentage of public school teach- educational achievement. (iii) 47 States have increased the percent- ers reporting that student disruptions in (3) Since the 1990 adoption of the National age of children with disabilities partici- class interfere with their teaching has in- Education Goals, some progress has been pating in preschool. creased in 37 States.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.001 pfrm09 PsN: S03PT1 S3336 CONGRESSIONAL RECORD — SENATE May 3, 2000 (8) The continued pursuit of these Goals is dents learn to use their minds well, so they omy and exercise the rights and responsibil- necessary to ensure continued, and more may be prepared for responsible citizenship, ities of citizenship. evenly distributed, progress across our Na- further learning, and productive employ- ‘‘(B) The objectives for this goal are that— tion. ment in our Nation’s modern economy. ‘‘(i) every major American business will be (9) Federal programs and policies have con- ‘‘(B) The objectives for this goal are that— involved in strengthening the connection be- tributed to States’ ability to offer high-qual- ‘‘(i) the academic performance of all stu- tween education and work; ity education to all students and have helped dents at the elementary and secondary level ‘‘(ii) all workers will have the opportunity States to implement reforms intended to will increase significantly in every quartile, to acquire the knowledge and skills, from raise the achievement level of every child. and the distribution of minority students in basic to highly technical, needed to adapt to (10) Even though all the Goals have not each quartile will more closely reflect the emerging new technologies, work methods, been reached, nor accomplished to equal de- student population as a whole; and markets through public and private edu- grees, there is a continued need to reaffirm ‘‘(ii) the percentage of all students who cational, vocational, technical, workplace, these Goals as a benchmark to which all stu- demonstrate the ability to reason, solve or other programs; dents can strive and attain. problems, apply knowledge, and write and ‘‘(iii) the number of high-quality programs, (b) AMERICA’S EDUCATION GOALS.—The Ele- communicate effectively will increase sub- including those at libraries, that are de- mentary and Secondary Education Act of stantially; signed to serve more effectively the needs of 1965 (20 U.S.C. 6301 et seq.) is amended— ‘‘(iii) all students will be involved in ac- the growing number of part-time and (1) by amending the heading for section 1 tivities that promote and demonstrate good midcareer students will increase substan- citizenship, good health, community service, to read as follows: ‘‘SHORT TITLE.’’; and tially; and personal responsibility; (2) by inserting after section 1 the fol- ‘‘(iv) the proportion of qualified students, ‘‘(iv) all students will have access to phys- lowing: especially minorities, who enter college, who ical education and health education to en- ‘‘SEC. 2. PURPOSE. complete at least two years, and who com- sure they are healthy and fit; ‘‘It is the purpose of this Act to support plete their degree programs will increase ‘‘(v) the percentage of all students who are programs and activities that will improve substantially; competent in more than one language will the Nation’s schools and enable all children ‘‘(v) the proportion of college graduates to achieve high standards. substantially increase; and ‘‘(vi) all students will be knowledgeable who demonstrate an advanced ability to ‘‘SEC. 3. AMERICA’S EDUCATION GOALS. about the diverse cultural heritage of this think critically, communicate effectively, ‘‘(a) PURPOSE.—It is the purpose of this Nation and about the world community. and solve problems will increase substantially; and section to— ‘‘(4) TEACHER EDUCATION AND PROFESSIONAL ‘‘(vi) schools, in implementing comprehen- ‘‘(1) set forth a common set of national DEVELOPMENT.—(A) The Nation’s teaching goals for the education of our Nation’s stu- force will have access to programs for the sive parent involvement programs, will offer dents that the Federal Government and all continued improvement of its professional more adult literacy, parent training and life- States and local communities will work to skills and the opportunity to acquire the long learning opportunities to improve the achieve; knowledge and skills needed to instruct and ties between home and school, and enhance ‘‘(2) identify the Nation’s highest edu- prepare all American students for the next parents’ work and home lives. cation priorities related to preparing stu- century. ‘‘(7) SAFE, DISCIPLINED, AND ALCOHOL- AND dents for responsible citizenship, further ‘‘(B) The objectives for this goal are that— DRUG-FREE SCHOOLS.—(A) Every school in the learning, and the technological, scientific, ‘‘(i) all teachers will have access to United States will be free of drugs, violence, and economic challenges of the 21st century; preservice teacher education and continuing and the unauthorized presence of firearms and professional development activities that will and alcohol, and will offer a disciplined envi- ‘‘(3) establish a framework for educational provide such teachers with the knowledge ronment conducive to learning. excellence at the national, State, and local and skills needed to teach to an increasingly ‘‘(B) The objectives for this goal are that— levels. diverse student population with a variety of ‘‘(i) every school will implement a firm and ‘‘(b) AMERICA’S EDUCATION GOALS.—The educational, social, and health needs; fair policy on use, possession, and distribu- Congress declares that America’s Education ‘‘(ii) all teachers will have continuing option of drugs and alcohol; Goals are the following: portunities to acquire additional knowledge ‘‘(ii) parents, businesses, and governmental ‘‘(1) SCHOOL READINESS.—(A) All children in and skills needed to teach challenging sub- and community organizations will work to- America will start school ready to learn. ject matter and to use emerging new meth- gether to ensure the rights of students to ‘‘(B) The objectives for this goal are that— ods, forms of assessment, and technologies; study in a safe and secure environment that ‘‘(i) all children will have access to high- ‘‘(iii) States and school districts will cre- is free of drugs and crime, and that schools quality, and developmentally appropriate, ate integrated strategies to attract, recruit, provide a healthy environment and a safe preschool programs that help prepare chil- prepare, retrain, and support the continued haven for all children; dren for school; professional development of teachers, admin- ‘‘(iii) every local educational agency will ‘‘(ii) every parent in the United States will istrators, and other educators, so that there develop and implement a policy to ensure be a child’s first teacher, and devote time is a highly talented work force of profes- that all schools are free of violence and the each day to helping his or her preschool sional educators to teach challenging subject unauthorized presence of weapons; child learn, and parents will have access to matter; and ‘‘(iv) every local educational agency will the training and support they need; and ‘‘(iv) partnerships will be established, develop a sequential, comprehensive kinder- ‘‘(iii) children will receive the nutrition, whenever possible, among local educational garten through twelfth grade drug and alco- physical activity, and health care needed to agencies, institutions of higher education, hol prevention education program; arrive at school with healthy minds and bod- parents, and local labor, business, and pro- ‘‘(v) drug and alcohol curriculum will be ies, and to maintain the mental alertness fessional associations to provide and support taught as an integral part of sequential, necessary to be prepared to learn, and the programs for the professional development of comprehensive health education; number of low-birthweight babies will be sig- educators. ‘‘(vi) community-based teams will be orga- nificantly reduced through enhanced pre- ‘‘(5) MATHEMATICS AND SCIENCE.—(A) nized to provide students and teachers with natal health systems. United States students will be first in the needed support; and ‘‘(2) SCHOOL COMPLETION.—(A) The high world in mathematics and science achieve- ‘‘(vii) every school will work to eliminate school graduation rate will increase to at ment. sexual harassment. least 90 percent. ‘‘(B) The objectives for this goal are that— ‘‘(8) PARENTAL PARTICIPATION.—(A) Every ‘‘(B) The objectives for this goal are that— ‘‘(i) mathematics and science education, school will promote partnerships that will ‘‘(i) the Nation will dramatically reduce its including the metric system of measure- increase parental involvement and participa- school dropout rate, and 75 percent of the ment, will be strengthened throughout the tion in promoting the social, emotional, and students who do drop out will successfully education system, especially in the early academic growth of children. complete a high school degree or its equiva- grades; ‘‘(B) The objectives for this Goal are that— lent; and ‘‘(ii) the number of teachers with a sub- ‘‘(i) every State will develop policies to as- ‘‘(ii) the gap in high school graduation stantive background in mathematics and sist local schools and local educational agen- rates between American students from mi- science, including the metric system of cies to establish programs for increasing nority backgrounds and their non-minority measurement, will increase; and partnerships that respond to the varying counterparts will be eliminated. ‘‘(iii) the number of United States under- needs of parents and the home, including ‘‘(3) STUDENT ACHIEVEMENT AND CITIZEN- graduate and graduate students, especially parents of children who are disadvantaged, SHIP.—(A) All students will leave grades 4, 8, women and minorities, who complete degrees limited English proficient, or have disabil- and 12 having demonstrated competency over in mathematics, science, and engineering ities; challenging subject matter including will increase significantly. ‘‘(ii) every school will actively engage par- English, mathematics, science, foreign lan- ‘‘(6) ADULT LITERACY AND LIFELONG LEARN- ents and families in a partnership that sup- guages, civics and government, economics, ING.—(A) Every adult American will be lit- ports the academic work of children at home arts, history, and geography, and every erate and will possess the knowledge and and shared educational decisionmaking at school in America will ensure that all stu- skills necessary to compete in a global econ- school; and

VerDate 27-APR-2000 04:36 May 04, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.001 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3337 ‘‘(iii) parents and families will help to en- the education of their children at home and ‘‘SEC. 1003. RESERVATIONS FOR ACCOUNT- sure that schools are adequately supported at school; ABILITY AND SCHOOL IMPROVE- and will hold schools and teachers to high ‘‘(7) distributing resources in amounts suf- MENT. standards of accountability.’’. ficient to make a difference to local edu- ‘‘(a) STATE RESERVATIONS.— ‘‘(1) AMOUNTS RESERVED.—Each State edu- SEC. 4. TRANSITION. cational agencies and schools where needs cational agency receiving funds under part A (a) ACTIONS OF THE SECRETARY.—The Sec- are greatest; shall reserve 3 percent of such amount for retary shall take such steps as the Secretary ‘‘(8) improving and strengthening account- each of fiscal years 2001 and 2002, and 5 per- determines to be appropriate to provide for ability, teaching, and learning by using cent of such amount for each of fiscal years the orderly transition of programs and ac- State assessment systems designed to meas- 2003 through 2005, to— tivities under the Elementary and Secondary ure how well children served under this title ‘‘(A) make allotments under paragraph (2); Education Act of 1965, as amended by the are achieving challenging State student per- and Educational Excellence for All Children Act formance standards expected of all children; ‘‘(B) carry out the State educational agen- of 2000, from programs and activities under ‘‘(9) providing greater decisionmaking au- cy’s responsibilities under sections 1116 and the Elementary and Secondary Education thority and flexibility to schools and teach- 1117, including establishing and supporting Act of 1965, as such Act was in effect on the ers in exchange for greater responsibility for the State educational agency’s statewide date before the date of enactment of this student performance; and system of technical assistance and support Act. ‘‘(10) giving attention to the role tech- for local educational agencies. (b) ACTIONS OF FUNDING RECIPIENTS.—A re- nology can play in professional development ‘‘(2) ALLOTMENTS TO LOCAL EDUCATIONAL cipient of funds under the Elementary and and improved teaching and learning.’’. Secondary Education Act of 1965, as such Act AGENCIES.— SEC. 102. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) IN GENERAL.—From the amount re- was in effect the date before the date of en- Section 1002 (20 U.S.C. 6302) is amended— actment of this Act, may use such funds to served under paragraph (1) for a fiscal year, (1) in subsection (a), by striking a State educational agency shall allot not carry out necessary and reasonable planning ‘‘$7,400,000,000 for fiscal year 1995’’ and insert- less than 80 percent of such amount to local and transition activities in order to ensure a ing ‘‘$15,000,000,000 for fiscal year 2001’’; educational agencies within the State. In smooth implementation of programs and ac- (2) in subsection (b), by striking making allotments under this paragraph, the tivities under such Act, as amended by this ‘‘$118,000,000 for fiscal year 1995’’ and insert- State educational agency shall give first pri- Act. ing ‘‘$500,000,000 for fiscal year 2001’’; ority to schools and local educational agen- SEC. 5. EFFECTIVE DATES. (3) in subsection (c), by striking cies identified for corrective action or in The provisions of this Act shall take effect ‘‘$310,000,000 for fiscal year 1995’’ and insert- need of improvement under section 1116(c)(5). on July 1, 2000, except that— ing ‘‘$400,000,000 for fiscal year 2001’’; ‘‘(B) USE OF FUNDS.—Each local edu- (1) those amendments that pertain to pro- (4) by amending subsection (d) to read as cational agency receiving an allotment grams under the Elementary and Secondary follows: under subparagraph (A) shall use the allot- Education Act of 1965 that are conducted by ‘‘(d) PARENTAL ASSISTANCE; LOCAL FAMILY ment to— the Secretary on a competitive basis, and INFORMATION CENTERS.— ‘‘(i) carry out effective corrective action in ø the amendments made by title VIII of this ‘‘(1) IN GENERAL.—For the purpose of car- the local educational agency or the schools ¿ Act, shall take effect with respect to appro- rying out part D, there are authorized to be identified for corrective action, as the case priations for use under those programs for appropriated $70,000,000 for fiscal year 2001 may be; or fiscal year 2001 and subsequent fiscal years; and such sums as may be necessary for each ‘‘(ii) achieve substantial improvement in and of the 4 succeeding fiscal years. the performance of the schools identified for (2) section 4 of this Act shall take effect ‘‘(2) RESERVATION.—Of the amount appro- school improvement. upon enactment. priated under paragraph (1) for a fiscal ‘‘(b) NATIONAL ACTIVITIES.—From the total TITLE I—HELPING DISADVANTAGED year— amount appropriated for a fiscal year to CHILDREN MEET HIGH STANDARDS ‘‘(A) the Secretary shall reserve $50,000,000 carry out this title, the Secretary may re- SEC. 101. POLICY AND PURPOSE. to carry out part D, other than section serve not more than 0.30 percent to conduct Section 1001 (20 U.S.C. 6301) is amended to 1403A; and evaluations and studies, collect data, and read as follows: ‘‘(B) in the case of any amounts appro- carry out other activities.’’. ‘‘SEC. 1001. STATEMENT OF PURPOSE. priated in excess of $50,000,000 for such fiscal PART A—BASIC PROGRAMS ‘‘The purpose of this title is to enable year, the Secretary shall allocate an amount SEC. 111. STATE PLANS. schools to provide opportunities for children equal to— Section 1111 (20 U.S.C. 6311) is amended— served under this title to acquire the knowl- ‘‘(i) 85 percent of such excess to carry out (1) in subsection (a)— edge and skills contained in the challenging section 1403A; and (A) in paragraph (1)— State content standards and to meet the ‘‘(ii) 15 percent of such excess to carry out (i) by striking ‘‘the Goals 2000: Educate challenging State student performance part D, other than section 1403A.’’; America Act,’’ and inserting ‘‘the Individ- standards developed for all children. This (5) by amending subsection (e) to read as uals with Disabilities Education Act, the purpose should be accomplished by— follows: Carl D. Perkins Vocational and Technical ‘‘(1) ensuring high standards for all chil- ‘‘(e) CAPITAL EXPENSES.—For the purpose Education Act of 1998, the Head Start Act,’’; dren and aligning the efforts of States, local of carrying out section 1120(e), there are au- and educational agencies, and schools to help thorized to be appropriated $15,000,000 for fis- (ii) by striking ‘‘14306’’ and inserting children served under this title to reach such cal year 2001, $15,000,000 for fiscal year 2002, ‘‘6506’’; and standards; and $5,000,000 for fiscal year 2003.’’; (B) in paragraph (2), by striking ‘‘14302’’ ‘‘(2) providing children an enriched and ac- (6) in subsection (f), by striking ‘‘1996 and and inserting ‘‘6502’’; celerated educational program, including the each of the three’’ and inserting ‘‘2001 and (2) in subsection (b)— use of schoolwide programs or additional each of the four’’; (A) in the heading, by striking ‘AND AS- services that increase the amount and qual- (7) by amending subsection (g) to read as SESSMENTS’ and inserting ‘, ASSESSMENTS, ity of instructional time so that children follows: AND ACCOUNTABILITY’;’’. served under this title receive at least the ‘‘(g) FEDERAL ACTIVITIES.— (B) in paragraph (1)— classroom instruction that other children re- ‘‘(1) SECTION 1501.—For the purpose of car- (i) by amending subparagraph (B) to read ceive; rying out section 1501, there are authorized as follows: ‘‘(3) promoting schoolwide reform and en- to be appropriated $10,000,000 for fiscal year ‘‘(B) The standards described in subpara- suring access of children (from the earliest 2001 and such sums as may be necessary for graph (A) shall be the same standards that grades, including prekindergarten) to effec- each of the four succeeding fiscal years. the State applies to all schools and children tive instructional strategies and challenging ‘‘(2) SECTION 1502.—For the purpose of car- in the State.’’; and academic content that includes intensive rying out section 1502 there are authorized to (ii) by amending subparagraph (C) to read complex thinking and problem-solving expe- be appropriated $25,000,000 for fiscal year 2001 as follows: riences; and such sums as may be necessary for each ‘‘(C) The State shall have the standards de- ‘‘(4) significantly elevating the quality of of the four succeeding fiscal years.’’; and scribed in subparagraph (A) for elementary instruction by providing staff in partici- (8) by adding at the end the following: school and secondary school children served pating schools with substantial opportuni- ‘‘(h) COMPREHENSIVE SCHOOL REFORM.—For under this part in subjects determined by the ties for professional development; the purpose of carrying out part F, there are State that include at least mathematics, and ‘‘(5) coordinating services under all parts authorized to be appropriated $200,000,000 for reading or language arts, and such standards of this title with each other, with other edu- fiscal year 2001 and such sums as may be nec- shall require the same knowledge, skills, and cational services, and to the extent feasible, essary for each of the four succeeding fiscal levels of performance for all children.’’; with other agencies providing services to years.’’. (C) by amending paragraph (2) to read as youth, children, and families that are funded SEC. 103. RESERVATION AND ALLOCATION FOR follows: from other sources; SCHOOL IMPROVEMENT. ‘‘(2) YEARLY PROGRESS.— ‘‘(6) affording parents substantial and Section 1003 (20 U.S.C. 6303) is amended to ‘‘(A) IN GENERAL.—Each State plan shall meaningful opportunities to participate in read as follows: specify what constitutes adequate yearly

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progress in student achievement, under the (ii) in subparagraph (F)— ‘‘(B) NEED OF IMPROVEMENT; CORRECTIVE AC- State’s accountability system described in (I) in clause (ii), by striking ‘‘and’’ after TION.—The accountability system described paragraph (3), for each school, local edu- the semicolon; in subparagraph (A) and described in the cational agency, and State receiving funds (II) in clause (iii), by inserting ‘‘and’’ after State plan shall also include a procedure for under this part. the semicolon; and identifying local educational agencies and ‘‘(B) SCHOOLS.—The yearly progress speci- (III) by adding at the end the following: schools in need of improvement, intervening fied in the State plan for schools shall— ‘‘(iv) the use of assessments written in in those schools, and (when those interven- ‘‘(i) be based on the standards described in Spanish for the assessment of Spanish speak- tions are not effective) implementing correc- paragraph (1) and the valid and reliable as- ing students with limited English pro- tive actions not later than 3 years after first sessments aligned to State standards deficiency, if Spanish language assessments identifying such agency or school, that— scribed in paragraph (3), and shall, based on are more likely than English language as- ‘‘(i) complies with sections 1116 and 1117, the assessments required under section 1111, sessments to yield accurate and reliable in- including the provision of technical assist- include specific numerical yearly progress formation regarding what those students ance, professional development, and other requirements in each subject and grade in- know and can do in content areas other than capacity-building as needed, to ensure that cluded in the State assessments; English; schools and local educational agencies so ‘‘(ii) be defined in a manner that is based ‘‘(v) notwithstanding clauses (iii) and (iv), identified have the resources, skills, and on performance on the assessments carried the assessment (using tests written in knowledge needed to carry out their obliga- out under this section; English) of reading or language arts of any tions under sections 1114 and 1115 and to ‘‘(iii) compare separately, within the State meet the requirements for adequate yearly student who has attended school in the as a whole, for each local educational agency progress described in paragraph (2); and United States (excluding the Commonwealth and each school, the performance and ‘‘(ii) includes rigorous criteria for identi- of Puerto Rico) for 3 or more consecutive progress of students by each major ethnic fying those agencies and schools based on years for the purpose of school account- and racial group, by English proficient sta- failure to make adequate yearly progress in ability; and tus, and by economically disadvantaged stu- student performance in accordance with sec- ‘‘(vi) a report from each local educational dents as compared to nondisadvantaged stu- tion 1111(b)(2). agency that indicates the number and per- dents (except that such disaggregation shall ‘‘(5) PUBLIC NOTICE AND COMMENT.—Each not be required in a case in which the num- centage of students excluded from each as- State plan shall contain assurances that— ber of students in a category is insufficient sessment at each school, including, where ‘‘(A) in developing the State plan for an- to yield statistically reliable information or statistically sound, disaggregated in accord- nual yearly progress, the State diligently the results would reveal individually identi- ance with section 1111(b)(3)(I), except that a sought public comment from a range of insti- fiable information about individual stu- local educational agency shall be prohibited tutions and individuals in the State with an dents); from providing such information in any case interest in improved student achievement; ‘‘(iv) compare the proportion of students at in which to do so would reveal the identity and the basic, proficient, and advanced levels of of any individual student;’’; and ‘‘(B) the State will ensure that information performance with the proportion of students (iii) by amending subparagraph (H) to read regarding this part is widely known and un- at each of the 3 levels in the same grade in as follows: derstood by citizens, parents, teachers, and the previous year; ‘‘(H) provide individual student interpre- school administrators throughout the State, ‘‘(v) the numerical goal required in clause tive and descriptive reports, which shall in- by publication in a widely read or distrib- (i) for each group of students specified in clude scores or other information on the at- uted medium. clause (ii) shall be based on a timeline that tainment of student performance standards, ‘‘(6) ANNUAL REVIEW.—States shall annu- ensures that all students in each group of such as measures of student course work ally submit to the Secretary information, as students reach or exceed the proficient level over time, student attendance rates, student part of the State’s consolidated report, on of performance on the assessments required dropout rates, and student participation in the progress of schools and local educational by section 1111 within 10 years of the effec- advanced level courses;’’; agencies in meeting adequate yearly tive date of this subparagraph; and (E) in paragraph (5) by striking ‘‘through progress, including the number and names of ‘‘(vi) at the State’s discretion, may also in- the Office of Bilingual Education and Minor- schools and local educational agencies iden- clude other academic measures such as ity Languages Affairs’’ and inserting ‘‘, but tified for improvement and corrective action grade-to-grade promotion rates, rates of shall not mandate a specific assessment or under section 1116, the steps taken to address completion of the college preparatory cur- mode of instruction’’; the performance problems of such schools riculum, and 4- year high school completion (F) by striking paragraph (7); and local educational agencies, and the num- rates, except that, if a State elects to in- (G) by redesignating paragraphs (4), (5), (6), ber and names of schools that are no longer clude such additional indicators, the data for and (8) as paragraphs (8), (9), (10), and (12), re- identified for purposes of determining State all such indicators shall in all cases be spectively; and local compliance with section 1116. disaggregated as required by clause (ii) and (H) by inserting after paragraph (3) the fol- ‘‘(7) STATE AUTHORITY.—If a State edu- shall not change which schools or local edu- lowing: cational agency provides evidence that is cational agencies would be subject to im- ‘‘(4) ACCOUNTABILITY.— satisfactory to the Secretary that neither provement or corrective action if the discre- ‘‘(A) IN GENERAL.—Each State plan shall the State educational agency nor any other tionary indicators were not included. demonstrate that the State has developed State government official, agency, or entity ‘‘(C) LOCAL EDUCATIONAL AGENCIES.—For a and is implementing a statewide account- has sufficient authority under State law to local educational agency to make adequate ability system that is or will be effective in adopt curriculum content and student per- yearly progress in the first year after the ef- substantially and continually increasing the formance standards, and assessments aligned fective date of the Educational Excellence numbers and percentages of all students, in- with such standards, that will be applicable for All Children Act of 2000, not less than 90 cluding the lowest performing students, eco- to all students enrolled in the State’s public percent of the schools within the agency’s nomically disadvantaged students, disabled schools, then the State educational agency jurisdiction shall meet their adequate yearly students, and students with limited pro- may meet the requirements of this sub- progress goals. ficiency in English, who meet the State’s section by— ‘‘(D) STATES.—For a State educational proficient and advanced levels of perform- ‘‘(A) adopting curriculum content and stu- agency to make adequate yearly progress in ance within 10 years of the date of enact- dent performance standards and assessments the first year after the effective date of the ment of the Educational Excellence for All that meet the requirements of this sub- Educational Excellence for All Children Act Children Act of 2000. Each State account- section, on a statewide basis, and limiting of 2000, not less than 90 percent of the local ability system shall— the applicability of such standards and as- educational agencies within the State edu- ‘‘(i) be the same accountability system the sessments to students served under this part; cational agency’s jurisdiction shall be mak- State uses for all schools or all local edu- or ing adequate yearly progress. cational agencies in the State, if the State ‘‘(B) adopting and implementing policies ‘‘(E) SCHOOLS.—For an elementary or a sec- has an accountability system for all schools that ensure that each local educational ondary school to make adequate yearly or all local educational agencies in the agency within a State receiving a grant progress, not less than 90 percent of each State; under this part will adopt curriculum con- group of students for which data is ‘‘(ii) hold local educational agencies and tent and student performance standards and disaggregated who are enrolled in such schools accountable for student achievement assessments— school shall have participated in the admin- in at least reading, mathematics, and, not ‘‘(i) that are aligned with the standards de- istration of any State required assessment.’’; later than the 2005-2006 school year, science, scribed in paragraph (1)(A); and (D) in paragraph (3)— and in any other subjects that the State may ‘‘(ii) that meet the criteria in this sub- (i) in the matter preceding subparagraph choose; and section and any regulations regarding such (A)— ‘‘(iii) identify schools and local edu- standards and assessments that the Sec- (I) by striking ‘‘developed or adopted’’ and cational agencies for improvement or correc- retary may publish and that are applicable inserting ‘‘in place’’; and tive action based on failure to make ade- to all students served by each such local edu- (II) by inserting ‘‘, not later than the quate yearly progress as defined in the State cational agency. school year 2000-2001,’’ after ‘‘will be used’’; plan pursuant to section 1111(b)(2). ‘‘(8) PENALTIES.—

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‘‘(A) INELIGIBILITY FOR RESERVATIONS.—If a ‘‘(d) PARENTAL INVOLVEMENT.—Each State ‘‘(5) fulfill such agency’s school improve- State fails to meet the deadlines described in plan shall demonstrate that the State will ment responsibilities under section 1116, in- paragraphs (1)(C) and (6) for demonstrating support, in collaboration with the regional cluding taking corrective actions under sec- that the State has in place high-quality educational laboratories, the collection and tion 1116(c)(5); State content and student performance dissemination to local educational agencies ‘‘(6) work in consultation with schools as standards, aligned assessments, and a system and schools of effective parental involve- the schools develop and implement their for measuring and monitoring adequate ment practices. Such practices shall— plans or activities under sections 1118 and yearly progress, including the ability to ‘‘(1) be based on the most current research 1119; disaggregate student achievement data for on effective parental involvement that fos- ‘‘(7) coordinate and collaborate, to the ex- the assessments required under section 1111 ters achievement to high standards for all tent feasible and necessary as determined by for each of the student groups specified in children; and the local educational agency, with other section 1111(b)(2)(B)(iii) at the State, local ‘‘(2) be geared toward lowering barriers to agencies providing services to children, educational agency, and school levels, then greater participation in school planning, re- youth, and families, including health and so- the State shall be ineligible to reserve any view, and improvement experienced by par- cial services; administrative funds under section 1003 for ents.’’; ‘‘(8) provide services to eligible children at- the succeeding fiscal year that exceed the (6) in subsection (e)(1)(B) (as so redesig- tending private elementary and secondary amount so reserved for such purposes by the nated), by inserting ‘‘, and who are familiar schools in accordance with section 1120, and State for the fiscal year preceding the fiscal with educational standards, assessments, ac- timely and meaningful consultation with year for which the determination is made. countability, and other diverse educational private school officials regarding such serv- ‘‘(B) WITHHOLDING ADMINISTRATIVE needs of students’’ before the semicolon; ices; FUNDS.— (7) in subsection (h) (as so redesignated), ‘‘(9) take into account the experience of ‘‘(i) IN GENERAL.—Except as described in by striking ‘‘1998’’ and inserting ‘‘2005’’; and model programs for the educationally dis- clause (ii), if a State fails to meet the dead- (8) by adding at the end the following: advantaged, and the findings of relevant re- lines described in paragraphs (1)(C) and (6) ‘‘(i) PRIVACY.—Information collected under search indicating that services may be most for a fiscal year, then the Secretary may this section shall be collected and dissemi- effective if focused on students in the ear- withhold funds made available under this nated in a manner that protects the privacy liest grades at schools that receive funds part for administrative expenses for the suc- of individuals. under this part; ceeding fiscal year in such amount as the SEC. 112. LOCAL EDUCATIONAL AGENCY PLANS. ‘‘(10) comply with the requirements of sec- Secretary determines appropriate. Section 1112 (20 U.S.C. 6312) is amended— tion 1119 regarding professional develop- ‘‘(ii) SPECIAL RULE.—For each succeeding ment; fiscal year for which a State fails to meet (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘the ‘‘(11) inform eligible schools of the local the deadlines described in paragraphs (1) and educational agency’s authority to obtain (6) after the fiscal year described in clause Goals’’ and all that follows through ‘‘section 14306’’ and inserting ‘‘the Individuals with waivers on the school’s behalf under part F (i), the Secretary shall withhold not less of title VI, and if the State is an Ed-Flex 1 Disabilities Education Act, the Carl D. Per- than ⁄5 of the funds made available under Partnership State, waivers under the Edu- this part for administrative expenses for the kins Vocational and Technical Education cation Flexibility Partnership Act of 1999; fiscal year. Act of 1998, the Head Start Act, and other ‘‘(12) coordinate and collaborate, to the ex- ‘‘(C) ED-FLEX DESIGNATION.—A State that Acts, as appropriate’’; and tent feasible and necessary as determined by has not developed challenging State assess- (B) in paragraph (2), by striking ‘‘14304’’ the local educational agency, with other ments that are aligned to challenging State and inserting ‘‘6504’’; agencies providing services to children, content standards, in at least mathematics (2) in subsection (b)— youth, and families.’’; and and reading or language arts by school year (A) in paragraph (3), by inserting ‘‘, which (4) in subsection (d)(1)— 2000–2001 is not eligible for Ed-Flex designa- strategy shall be coordinated with activities (A) by striking ‘‘and pupil’’ and inserting tion under the Education Flexibility Part- under title II if the local educational agency ‘‘pupil’’; nership Act of 1999 and shall be subject to receives funds under title II’’ before the such other penalties as are provided by law semicolon; (B) by striking ‘‘and parents’’ and insert- for the violation of this Act.’’; (B) in paragraph (4)— ing ‘‘parents’’; and (3) in subsection (c)— (i) in subparagraph (A)— (C) by inserting ‘‘, and students (as devel- (A) in paragraph (1)(B)— (I) by striking ‘‘programs, vocational’’ and opmentally appropriate)’’ before the semi- (i) by striking ‘‘1119 and’’ and inserting inserting ‘‘programs and vocational’’; and colon; and ‘‘1119,’’; and (II) by striking ‘‘, and school-to-work tran- (5) in subsection (e)— (ii) by inserting ‘‘, and parental involve- sition programs’’; and (A) in paragraph (1), by striking ‘‘, except ment under section 1118’’ after ‘‘1117’’; (ii) in subparagraph (B)— that’’ and all that follows through ‘‘finally (B) by redesignating paragraphs (5) and (6) (I) by striking ‘‘served under part C’’ and approved by the State educational agency’’; as paragraphs (8) and (9), respectively; all that follows through ‘‘1994’’; and and (C) by inserting after paragraph (4) the fol- (II) by striking ‘‘served under part D’’; and (B) in paragraph (3)— lowing: (C) by amending paragraph (9) to read as (i) by striking ‘‘professional development’’; ‘‘(5) the State educational agency will in- follows: and form the Secretary and the public regarding ‘‘(9) where appropriate, a description of (ii) by striking ‘‘section 1119’’ and inserting how Federal laws hinder, if at all, the ability how the local educational agency will use ‘‘sections 1118 and 1119’’. of States to hold local educational agencies funds under this part to support early child- SEC. 113. ELIGIBLE SCHOOL ATTENDANCE and schools accountable for student aca- hood education programs under section AREAS. demic performance; 1120B.’’; Section 1113(b)(1) (20 U.S.C. 6313(b)(2)) is ‘‘(6) the State educational agency will in- (3) by amending subsection (c) to read as amended— form the Secretary and the public regarding follows: (1) in subparagraph (B), by striking ‘‘and’’ how the State educational agency is reduc- ‘‘(c) ASSURANCES.—Each local educational after the semicolon; ing, if necessary, State fiscal, accounting, agency plan shall provide assurances that (2) in subparagraph (C)(iii), by striking the and other barriers to local school and school the local educational agency will— period and inserting ‘‘; and’’; and district reform, including barriers to imple- ‘‘(1) inform eligible schools and parents of (3) by adding at the end the following: menting schoolwide programs; schoolwide project authority; ‘‘(D) designate and serve a school attend- ‘‘(7) the State educational agency will in- ‘‘(2) provide technical assistance and sup- ance area or school that is not an eligible form local educational agencies of the local port to schoolwide programs; school attendance area under subsection educational agencies’ ability to obtain waiv- ‘‘(3) ensure, through incentives for vol- (a)(2), but that was an eligible school attend- ers under part F of title VI and, if the State untary transfers, the provision of profes- ance area and was served in the fiscal year is an Ed-Flex Partnership State, waivers sional development, and recruitment pro- preceding the fiscal year for which the deter- under the Educational Flexibility Partner- grams, that low-income students and minor- mination is made, but only for 1 additional ship Act of 1999 (20 U.S.C. 5891a et seq.);’’; ity students are not taught at higher rates fiscal year.’’. and than other students by unqualified, out-of- SEC. 114. SCHOOLWIDE PROGRAMS. (D) by amending paragraph (9) (as so redes- field or inexperienced teachers; Section 1114 (20 U.S.C. 6314) is amended— ignated) to read as follows: ‘‘(4) work in consultation with schools as (1) in subsection (a)— ‘‘(9) the State will coordinate activities the schools develop the schools’ plans pursu- (A) by striking paragraph (1) and inserting funded under this part with other Federal ac- ant to section 1114 and assist schools as the the following: tivities as appropriate.’’; schools implement such plans or undertake ‘‘(1) IN GENERAL.—A local educational (4) by redesignating subsections (d) activities pursuant to section 1115 so that agency may use funds under this part, to- through (g) as subsections (e) through (h), re- each school can make adequate yearly gether with other Federal, State, and local spectively; progress toward meeting the State content funds, to upgrade the entire educational pro- (5) by inserting after subsection (c) the fol- standards and State student performance gram of a school that serves an eligible lowing: standards; school attendance area in which not less

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than 40 percent of the children are from low- ‘‘(a) LOCAL REVIEW.— students in such school who are served under income families, or not less than 40 percent ‘‘(1) IN GENERAL.—Each local educational this part. of the children enrolled in the school are agency receiving funds under this part ‘‘(B) The 2 year period described in clause from such families, for the initial year of the shall— (i) shall include any continuous period of schoolwide program.’’; and ‘‘(A) use the State assessments described time immediately preceding the date of en- (B) in paragraph (4)— in the State plan; actment of the Education Opportunities Act, (i) by amending the heading to read as fol- ‘‘(B) use any additional measures or indica- during which a school did not make adequate lows: ‘‘EXEMPTION FROM STATUTORY AND REG- tors described in the local educational agen- yearly progress as defined in the State’s ULATORY REQUIREMENTS.—’’; and cy’s plan to review annually the progress of plan, as such plan was in effect on the day (ii) by adding at the end the following: each school served under this part to deter- preceding the date of such enactment. ‘‘(C) A school that chooses to use funds mine whether the school is meeting, or mak- ‘‘(C) Before identifying a school for school from such other programs under this section ing adequate progress as defined in section improvement under subparagraph (A), the shall not be required to maintain separate 1111(b)(2) toward enabling its students to local educational agency shall provide the fiscal accounting records, by program, that meet the State’s student performance stand- school with an opportunity to review the identify the specific activities supported by ards described in the State plan; and school-level data, including assessment data, those particular funds as long as the school ‘‘(C) provide the results of the local annual on which such identification is based. The re- maintains records that demonstrate that the review, including disaggregated results, to view period shall not exceed 30 days, and at schoolwide program, considered as a whole, schools so that the schools can continually the end of the review period the local edu- addresses the intent and purposes of each of refine the program of instruction to help all cational agency shall make a final deter- the programs that were consolidated to sup- children served under this part in those mination as to the school improvement sta- port the schoolwide program.’’; and schools meet the State’s student perform- tus of the school. If the school believes that (2) in subsection (b)— ance standards. such identification for school improvement (A) in paragraph (1)— ‘‘(2) LOCAL REPORTS.—(A) Following the an- is in error for statistical or other sub- (i) in subparagraph (B)(vii), by striking ‘‘, nual review specified in paragraph (1)(B), stantive reasons, such school may provide if any, approved under title III of the Goals each local educational agency receiving evidence to the local educational agency to 2000: Educate America Act’’; and funds under this part shall prepare and dis- (ii) in subparagraph (E), by striking ‘‘, such seminate an annual performance report re- support such belief. as family literacy services’’ and inserting garding each school that receives funds ‘‘(2) SCHOOL PLAN.—(A) Each school identi- ‘‘(including activities described in section under this part. The report, at a minimum, fied under paragraph (1), in consultation 1118), such as family literacy services, in- shall include information regarding— with parents, the local educational agency, school volunteer opportunities, or parent ‘‘(i) each school’s performance in making and the school support team or other outside membership on school-based leadership or adequate yearly progress and whether the experts, and if the plan relates to a sec- management teams.’’; and school has been identified for school im- ondary school, students from such school, (B) in paragraph (2)— provement; shall revise a school plan that addresses the (i) in subparagraph (A)— ‘‘(ii) the progress of each school in ena- fundamental teaching and learning needs in (I) in the matter preceding clause (i), by bling all students served under this part to the school and— striking ‘‘Improving America’s Schools Act meet the State-determined levels of perform- ‘‘(i) describes the specific achievement of 1994’’ and inserting ‘‘Educational Excel- ance, including the progress of economically problems to be solved; lence for All Children Act of 2000’’; and disadvantaged students and limited English ‘‘(ii) includes research-based strategies, (II) in clause (iv), by inserting ‘‘in a lan- proficient students, except that this clause supported with specific goals and objectives, guage the family can understand’’ after ‘‘re- shall not apply to a State if the State dem- that have the greatest likelihood of improv- sults’’; and onstrates that the State has a statistically ing the performance of participating chil- (ii) in subparagraph (C)— insignificant number of economically dis- dren in meeting the State’s student perform- (I) in clause (i)(II), by striking ‘‘Improving advantaged or limited English proficient stu- ance standards; America’s Schools Act of 1994’’ and inserting dents; and ‘‘(iii) explains how those strategies will ‘‘Educational Excellence for All Children Act ‘‘(iii) any other information the local edu- work to address the achievement problems of 2000’’; and cational agency determines appropriate identified under clause (i); (II) in clause (v), by striking ‘‘the School- (such as information on teacher quality, ‘‘(iv) addresses the need for high-quality to-Work Opportunities Act of 1994’’ and in- school safety, and drop-out rates). staff by working to ensure that teachers in serting ‘‘part C of title II’’. ‘‘(B) The local educational agency shall programs supported with funds under this SEC. 115. TARGETED ASSISTANCE SCHOOLS. publicize and disseminate the report to part are fully qualified; Section 1115 (20 U.S.C. 6315) is amended— teachers and other staff, parents, students, ‘‘(v) addresses the professional develop- (1) in subsection (b)— and the community. Such report shall be ment needs of instructional staff by commit- (A) in paragraph (1)(A)(ii), by striking ‘‘, concise and presented in a format and man- ting to spend not less than 10 percent of the yet’’ and all that follows through ‘‘setting’’; ner that parents can understand. The local funds received by the school under this part and educational agency may issue individual during 1 fiscal year for professional develop- (B) in paragraph (2)— school performance reports directly to ment, which professional development shall (i) in subparagraph (B), insert ‘‘or in early teachers and other staff, parents, students, increase the content knowledge of teachers childhood education services under this and the community, or the local educational and build the capacity of the teachers to title,’’ after ‘‘program,’’; and agency may publicize and disseminate the align classroom instruction with challenging (ii) in subparagraph (C)(i), by striking report through a widely read or distributed content standards and to bring all students ‘‘under part D (or its predecessor author- medium, such as posting on the Internet or to proficient or advanced levels of perform- ity)’’; and distribution to the media. ance as determined by the State; (2) in subsection (c)(1)— ‘‘(C) Information collected and reported ‘‘(vi) identifies specific goals and objec- (A) by amending subparagraph (G) to read under this section shall be collected and dis- tives the school will undertake for making as follows: seminated in a manner that protects the pri- adequate yearly progress, including specific ‘‘(G) provide opportunities for professional vacy of individuals. numerical performance goals and targets development with resources provided under ‘‘(D) In the case of a local educational that are high enough to ensure that all this part, and to the extent practicable, from agency for which the State report described groups of students specified in section other sources, for teachers, principals, ad- in section 1116(d) contains data about an in- 1111(b)(2) meet or exceed the proficient levels ministrators, paraprofessionals, pupil serv- dividual school served by the local edu- of performance in each subject area within 10 ices personnel, and parents, who work with cational agency that is equivalent to the years of the date of enactment of the Edu- participating children in programs under data required by this subsection, such local cational Excellence for All Children Act of this section or in the regular education pro- educational agency shall not be required to 2000; gram; and’’; and prepare or distribute a report regarding such ‘‘(vii) specifies the responsibilities of the (B) in subparagraph (H), by striking ‘‘, school under this paragraph.’’; school and the local educational agency, in- such as family literacy services’’ and insert- (2) by amending subsection (c) to read as cluding how the local educational agency ing ‘‘(including activities described in sec- follows: will hold the school accountable for, and as- tion 1118), such as family literacy services, ‘‘(c) SCHOOL IMPROVEMENT.— sist the school in, meeting the school’s obli- in-school volunteer opportunities, or parent ‘‘(1) IN GENERAL.—(A) A local educational gations to provide enriched and accelerated membership on school-based leadership or agency shall identify for school improve- curricula, effective instructional methods, management teams.’’. ment any school served under this part that high quality professional development, and SEC. 116. ASSESSMENT AND LOCAL EDU- for 2 consecutive years failed to make ade- timely and effective individual assistance, in CATIONAL AGENCY AND SCHOOL IM- quate yearly progress as defined in the partnership with parents; and PROVEMENT. State’s plan in section 1111, except that in ‘‘(viii) includes strategies to promote effec- Section 1116 (20 U.S.C. 6317) is amended— the case of a targeted assistance program tive parental involvement in the school. (1) by amending subsection (a) to read as under section 1115, a local educational agen- ‘‘(B) The school shall submit the plan or follows: cy may review the progress of only those revised plan to the local educational agency

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.002 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3341 for approval within 3 months of being identi- local educational agency shall take not less any corrective action the agency takes under fied. The local educational agency shall than 1 of the following corrective actions: this paragraph through such means as the promptly subject the plan to a review proc- ‘‘(i) Deferring, reducing, or withholding Internet, the media, and public agencies. ess, work with the school to revise the plan title I funds. ‘‘(6) PUBLIC SCHOOL CHOICE.— as necessary, and approve the plan within 1 ‘‘(ii) Instituting and fully implementing a ‘‘(A) SCHOOLS IDENTIFIED FOR IMPROVE- month of submission. The school shall imple- new curriculum, including appropriate pro- MENT.— ment the plan as soon as the plan is ap- fessional development for all relevant staff, ‘‘(i) SCHOOLS IDENTIFIED ON OR BEFORE EN- proved. that is supported by valid and reliable evi- ACTMENT.—Not later than 6 months after the ‘‘(3) PARENTAL NOTIFICATION.—Each school dence of effectiveness, and offers substantial date of the enactment of the Educational Ex- identified under paragraph (1) shall in under- promise of improving educational achieve- cellence for All Children Act of 2000, a local standable language and form, promptly no- ment for low-performing students. educational agency shall provide all students tify the parents of each student enrolled in ‘‘(iii) Restructuring the school, such as enrolled in a school identified (on or before the school that the school was designated by by— such date of enactment) under paragraphs (1) the local educational agency as needing im- ‘‘(I) making alternative governance ar- and (5) with an option to transfer to any provement and provide with the rangements (such as the creation of a public other public school within the local edu- notification— charter school); and cational agency or any public school con- ‘‘(A) the reasons for such designation; ‘‘(II) creating schools within schools or sistent with subparagraph (B), including a ‘‘(B) information about opportunities for other small learning environments. public charter school that has not been iden- parents to participate in the school improve- ‘‘(iv) Redesign the school by reconstituting tified for school improvement, unless such ment process; and all or part of the school staff. option to transfer is prohibited— ‘‘(C) an explanation of the option afforded ‘‘(v) Eliminating the use of ‘‘(I) under the provisions of a State or local to parents, pursuant to paragraph (6), to noncredentialed teachers. law; or transfer their child to another public school, ‘‘(vi) Closing the school. ‘‘(II) by a local educational agency policy including a public charter school, that is not ‘‘(D) REQUIRED ACTION.—A local edu- that is approved by a local school board. identified for school improvement. cational agency shall take corrective action ‘‘(ii) SCHOOLS IDENTIFIED AFTER ENACT- ‘‘(4) TECHNICAL ASSISTANCE.—(A) For each with respect to a school identified for correc- MENT.—Not later than 6 months after the school identified for school improvement tive action under subparagraph (A)(ii). The date on which a local educational agency under paragraph (1), the local educational corrective action shall— identifies a school under paragraphs (1) and agency shall provide technical assistance as ‘‘(i) change the school’s administration or (5), the agency shall provide all students en- the school develops and implements its plan. governance by the means specified in clause rolled in such school with an option de- Such technical assistance shall include effec- (ii), (iii), (iv), (v), or (vi) of subparagraph (B); scribed in clause (i). tive methods and research-based instruc- and ‘‘(B) COOPERATIVE AGREEMENTS.—If all pub- tional strategies. ‘‘(ii) provide to relevant staff professional lic schools in the local educational agency to ‘‘(B) Such technical assistance shall be de- development that is supported by valid and which a child may transfer are identified signed to strengthen the core academic pro- reliable evidence of effectiveness, offers sub- under paragraphs (1) and (5), then the agen- gram for the students served under this part stantial promise of improving student edu- cy, to the extent practicable, shall establish and addresses specific elements of student cational achievement and is directly related a cooperative agreement with other local performance problems, including problems, if to the content areas in which each teacher is educational agencies in the area for the any, in implementing the parental involve- providing instruction and the State’s con- transfer, unless the transfer is prohibited ment requirements described in section 1118, tent and performance standards for that sub- under— the professional development requirements ject area. ‘‘(i) the provisions of a State or local law; described in section 1119, and the responsibil- ‘‘(E) PARENTAL CHOICE.—Where a local edu- or ities of the school and local educational cational agency has identified a school for ‘‘(ii) a local educational agency policy that agency under the school plan. Such technical corrective action under subparagraph (A)(ii), is approved by a local school board. assistance will be designed to strengthen the the agency shall provide all students en- ‘‘(C) TRANSPORTATION.— core academic program for the students rolled in the school with the option to trans- ‘‘(i) IN GENERAL.—The local educational served under this part and address specific fer to another public school within the area agency in which the schools have been iden- elements of student performance problems, served by the local educational agency that tified under paragraph (1) may use funds including problems, if any, in implementing has not been identified for school improve- under this part to provide transportation to the parental involvement requirements in ment and provide such students transpor- students whose parents choose to transfer section 1118 and the professional develop- tation, subject to the following require- their child or children to a different school. ment provisions in section 1119, and the re- ments: ‘‘(ii) CORRECTIVE ACTION.—If a school has sponsibilities of the school and local edu- ‘‘(i) Such transfer must be consistent with been identified under paragraph (5), the local cational agency under the plan. State or local law. educational agency shall provide such stu- ‘‘(5) CORRECTIVE ACTION.—In order to help ‘‘(ii) If the local educational agency cannot dents transportation (or the costs of trans- students served under this part meet chal- accommodate the request of every student, portation) to schools not identified under lenging State standards, each local edu- it shall permit as many students as possible paragraph (1) or (5). cational agency shall implement a system of to transfer, with such students being se- ‘‘(iii) MAXIMUM AMOUNT.—Notwithstanding corrective action in accordance with the fol- lected on a nondiscriminatory and equitable any other provision of this paragraph, the lowing: basis. amount of assistance provided under this ‘‘(A) IN GENERAL.—After providing tech- ‘‘(iii) The local educational agency may part for a student who elects a transfer nical assistance under paragraph (6), the use not more than 10 percent of the funds the under this paragraph shall not exceed the per local educational agency may take correc- local educational agency receives through pupil expenditures for elementary school or tive action at any time with respect to a the State reservation under section secondary school students as provided by the school that has been identified under para- 1003(a)(2)) to provide transportation to stu- local educational agency that serves the graph (1), but shall take corrective action dents whose parents choose to transfer their school involved in the transfer. with respect to any school that fails to make child or children to a different school. ‘‘(D) CONTINUE OPTION.—Once a school is no adequate yearly progress, as defined by the ‘‘(iv) If all public schools in the local edu- longer identified for school improvement, State, at the end of the second year fol- cational agency to which a child may trans- the local educational agency shall continue lowing the school’s identification under fer to are identified for corrective action, the to provide public school choice as an option paragraph (1) and shall continue to provide agency shall, to the extent practicable, es- to students in such school for a period of not technical assistance while instituting any tablish a cooperative agreement with other less than 2 years. corrective action under clause (i) or (ii) of local educational agencies in the area for the ‘‘(7) STATE EDUCATIONAL AGENCY RESPON- subparagraph (B). transfer. SIBILITIES.—If a State educational agency de- ‘‘(B) DEFINITION OF CORRECTIVE ACTION.—In ‘‘(F) IMPLEMENTATION DELAY.—A local edu- termines that a local educational agency this paragraph, the term ‘corrective action’ cational agency may delay, for a period not failed to carry out the local educational means action, consistent with State and to exceed 1 year, implementation of correc- agency’s responsibilities under this section, local law, that— tive action if the failure to make adequate the State educational agency shall take into ‘‘(i) substantially and directly responds to yearly progress was justified due to excep- account such action as the State educational the consistent academic failure that caused tional or uncontrollable circumstances such agency finds necessary, consistent with this the local educational agency to take such ac- as a natural disaster or a precipitous and un- section, to improve the affected schools and tion and to any underlying staffing, cur- foreseen decline in the financial resources of to ensure that the local educational agency ricular, or other problems in the school; and the local educational agency or school. carries out the local educational agency’s re- ‘‘(ii) is designed to substantially increase ‘‘(G) NOTIFICATION TO PARENTS.—The local sponsibilities under this section. the likelihood that students will perform at educational agency shall publish, and dis- ‘‘(8) SPECIAL RULE.—Schools that, for at the proficient and advanced levels. seminate to the public and to parents in a least 2 of the 3 years following identification ‘‘(C) ACTIONS DESCRIBED.—In the case of a format and, to the extent practicable, in a under paragraph (1), make adequate progress school described in subparagraph (A), the language that the parents can understand, toward meeting the State’s proficient and

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advanced levels of performance shall no ‘‘(3) IDENTIFICATION OF LOCAL EDUCATIONAL by the schools under this part on profes- longer need to be identified for school im- AGENCY FOR IMPROVEMENT.— sional development that— provement. ‘‘(A) IN GENERAL.—A State educational ‘‘(I) may not supplant professional develop- ‘‘(9) WAIVERS.—The State educational agency shall identify for improvement any ment services that school staff would other- agency shall review, including disaggregated local educational agency that— wise receive; and results, any waivers approved for a school ‘‘(i) for 2 consecutive years failed to make ‘‘(II) increases the content knowledge of designated for improvement or corrective ac- adequate yearly progress as defined in the teachers and builds the teachers’ capacity to tion prior to the date of enactment of the State’s plan under section 1111(b)(2) except align classroom instruction with challenging Educational Excellence for All Children Act that for targeted assistance schools, a State content standards and bring all students to of 2000 and shall terminate any waiver ap- educational agency may choose to review the proficient or advanced levels of performance; proved by the State under the Educational progress of only the students who are served ‘‘(v) identify measures the local edu- Flexibility Partnership Act of 1999 if the under this part; or cational agency will undertake to make ade- State determines, after notice and an oppor- ‘‘(ii) was in, or eligible for, improvement quate yearly progress; tunity for a hearing, that the waiver is not status under this section as this section was ‘‘(vi) identify how the local educational helping such school to make yearly progress in effect on the day before the date of enact- agency will provide written notification to to meet the objectives and specific goals de- ment of the Educational Excellence for All parents in a format, and to the extent prac- scribed in the school’s improvement plan.’’; Children Act of 2000.’’; ticable, in a language that the parents can and (ii) in subparagraph (B), by adding at the understand, pursuant to paragraph (6); (3) in subsection (d)— end the following: ‘‘The review period re- ‘‘(vii) specify the responsibilities of the (A) by amending paragraph (1) to read as quired under this subparagraph shall not ex- State educational agency and the local edu- follows: ceed 30 days and the State shall make public cational agency under the plan; and ‘‘(1) IN GENERAL.—(A) A State educational a final determination as to the status of the ‘‘(viii) include strategies to promote effec- agency shall annually review the progress of local educational agency not later than the tive parental involvement in the school. each local educational agency receiving end of such period.’’; and ‘‘(B) DEADLINE FOR SUBMISSION.—The local funds under this part to determine whether (iii) by adding at the end the following: educational agency shall submit its revised schools receiving assistance under this part ‘‘(C) NOTIFICATION TO PARENTS.—The State plan to the State educational agency for peer are making adequate progress as defined in educational agency shall promptly notify review and approval within 60 days of subsection 1111(b)(2) toward meeting the State’s parents in a format and, to the extent prac- mission. The local educational agency shall student performance standards. ticable, in a language the parents can under- implement the revised plan as soon as such ‘‘(B) STATE REPORTS.—Following the an- stand, of each student enrolled in a school in plan is approved.’’; nual review specified in subparagraph (A), a local educational agency identified for im- (D) by striking paragraph (5)(B) and insert- each State educational agency that receives provement of the reasons for such agency’s ing the following: funds under this part shall prepare and dis- identification and how parents can partici- ‘‘(B) TECHNICAL ASSISTANCE.—Technical as- seminate an annual performance report re- pate in upgrading the quality of the local sistance provided under this section by the garding each local educational agency that educational agency.’’; State educational agency or an entity au- receives funds under this part. (C) by striking paragraph (4) and inserting thorized by such agency shall be supported ‘‘(C) CONTENTS.—The State, at a minimum, the following: by valid and reliable evidence of effective- shall include in the report information on ‘‘(4) LOCAL EDUCATIONAL AGENCY REVI- ness, and shall address problems, if any, in each local educational agency regarding— SIONS.— implementing the parental involvement re- ‘‘(i) local educational agency performance ‘‘(A) PLAN; ANNUAL ACADEMIC ACHIEVEMENT quirements in section 1118 and the profes- in making adequate yearly progress, includ- GOALS.—Each local educational agency iden- sional development provisions in section ing the number and percentage of schools tified under paragraph (2) shall, not later 1119.’’; and that did and did not make adequate yearly than 3 months after being so identified and (E) by striking paragraph (6) and inserting progress; in consultation with parents, school staff, the following: ‘‘(ii) the progress of the local educational and others, develop or revise the local edu- ‘‘(6) CORRECTIVE ACTION.—In order to help agency in enabling all students served under cational agency’s plan and annual academic students served under this part meet chal- this part to meet the State’s proficient and achievement goals. Annual academic lenging State standards, each State edu- advanced levels of performance, including achievement goals shall be based on the cational agency shall implement a system of the progress of economically disadvantaged overall objective of ensuring that all stu- corrective action. students and limited English proficient students within the area served by the local ‘‘(A) IN GENERAL.—After providing tech- dents, except that this clause shall not apply educational agency, including students of nical assistance under paragraph (5) and sub- to a State if the State demonstrates that the different races and ethnicity, economically ject to subparagraph (D), the State edu- State has an insufficient number of economi- disadvantaged students, and students with cational agency— cally disadvantaged or limited English pro- limited English proficiency, will meet or ex- ‘‘(i) may take corrective action at any ficient students; and ceed the State proficiency level of perform- time with respect to a local educational ‘‘(iii) any other information the State de- ance in each subject assessment that the agency that has been identified under para- termines appropriate (such as information State requires, within 10 years of the effec- graph (2); on teacher quality, school safety, and drop- tive date of this subparagraph. The revised ‘‘(ii) shall take corrective action with re- out rates). plan shall— spect to any local educational agency that ‘‘(D) PARENT AND PUBLIC DISSEMINATION.— ‘‘(i) address the fundamental teaching and fails to make adequate yearly progress, as The State shall publicize and disseminate to learning needs in the schools served by the defined by the State, at the end of the third local educational agencies, teachers and agency specific the academic problems of year following its identification under para- other staff, parents, students, and the com- low-performing students, and the reasons graph (2); and munity, the report. Such report shall be con- why the local educational agency’s prior ‘‘(iii) shall continue to provide technical cise and presented in a format and manner plan failed to bring about increased achieve- assistance while instituting any corrective that parents can understand. The State may ment; action under clause (i) or (ii). issue local educational agency performance ‘‘(ii) incorporate strategies that are sup- ‘‘(B) DEFINITION OF CORRECTIVE ACTION.—In reports directly to the local educational ported by valid and reliable evidence of effec- this paragraph, the term ‘corrective action’ agencies, teachers and other staff, parents, tiveness and that strengthen the core aca- means action, consistent with State law, students, and the community or the State demic program in the local educational that— may publicize and disseminate the report agency; ‘‘(i) substantially and directly responds to through a widely read or distributed me- ‘‘(iii) identify specific annual, academic the consistent academic failure that caused dium, such as posting on the Internet or dis- achievement goals and objectives that will— the State educational agency to take such tribution to the media.’’. ‘‘(I) have the greatest likelihood of improv- action, and to any underlying staffing, cur- ‘‘(E) SUBMISSION TO THE SECRETARY.—The ing the performance of participating chil- ricular, or other problems in the school; and State shall annually submit the performance dren in meeting the State’s student perform- ‘‘(ii) is designed to meet the goal of having report required under this paragraph to the ance standards; and all students served under this part perform Secretary. In addition to the information re- ‘‘(II) include specific numerical perform- at the proficient and advanced performance quired under subparagraph (C), the report ance goals and targets for each of the groups levels. shall contain the number and names of each of students identified in the disaggregated ‘‘(C) CERTAIN LOCAL EDUCATIONAL AGEN- school identified as low-performing, includ- data pursuant to section 1111(b)(2), which CIES.—In the case of a local educational ing schools identified under paragraphs (1) shall be high enough to ensure that each agency described in paragraph (A)(ii), the and (5) of section 1116(c), the reason why group of students achieves at least the pro- State educational agency shall take not less each such school was so identified, and the ficient level of performance within 10 years than 1 of the following corrective actions; measures taken to address the performance of the effective date of this subparagraph; ‘‘(i) Withholding funds from the local edu- problems of such schools.’’; ‘‘(iv) address the professional development cational agency. (B) in paragraph (3), by amending the head- needs of the instructional staff by spending a ‘‘(ii) Reconstituting school district per- ing and subparagraph (A) to read as follows: minimum of 10 percent of the funds received sonnel.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.002 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3343 ‘‘(iii) Removing particular schools from ‘‘(C) third, provide support and assistance (C) by amending paragraph (15) to read as the area served by the local educational to schools participating under this part in follows: agency, and establishing alternative ar- which the number of students in poverty ‘‘(15) may establish a school district wide rangements for public governance and super- equals or exceeds 75 percent of the total parent advisory council to advise the school vision of such schools. number of students enrolled in such school.’’; and local educational agency on all matters ‘‘(iv) Appointment, by the State edu- and related to parental involvement in programs cational agency, of a receiver or trustee to (2) in subsection (b), by striking ‘‘the com- supported under this section; and’’; and administer the affairs of the local edu- prehensive regional technical assistance cen- (D) by adding at the end the following: cational agency in place of the super- ters under part A of title XIII and’’ and in- ‘‘(16) shall provide such other reasonable intendent and school board. serting ‘‘comprehensive regional technical support for parental involvement activities ‘‘(v) Abolition or restructuring of the local assistance centers, and’’; and under this section as parents may request, educational agency. (3) in subsection (c)— which may include emerging technologies.’’; ‘‘(D) AUTHORITY TO TRANSFER STUDENTS.—If (A) by amending paragraph (1) to read as (4) in subsection (f), by striking ‘‘or with’’ a local educational agency has been identi- follows: and inserting ‘‘, parents of migratory chil- fied for corrective action, the State edu- ‘‘(1) APPROACHES.—In order to achieve the dren, or parents with’’; and cational agency shall authorize students to purpose described in subsection (a), each (5) by amending subsection (g) to read as transfer from a school served by the local such system shall provide technical assist- follows: educational agency to a higher performing ance and support through such approaches ‘‘(g) INFORMATION FROM PARENTAL INFOR- public school served by another local edu- as— MATION AND RESOURCE CENTERS.—In a State cational agency, in conjunction with not less ‘‘(A) school support teams which are com- where a parental information and resource than 1 additional action described under sub- posed of individuals who are knowledgeable center is established to provide training, in- paragraph (C). When a local educational about research and practice on teaching and formation, and support to parents and indi- agency cannot accommodate the request of learning, particularly about strategies for viduals who work with local parents, local every student, it shall permit as many stu- improving educational results for low- educational agencies, and schools receiving dents as possible who shall be selected ran- achieving children and persons knowledge- assistance under this part, each school or domly. The local educational agency may able about effective parental involvement local educational agency that receives as- use up to 10 percent of the funds it receives programs, including parents; sistance under this part and is located in the through the State reservation under section ‘‘(B) the designation and use of distin- State, shall assist parents and parental orga- 1003(a)(2) to provide transportation to stu- guished teachers and principals, chosen from nizations by informing such parents and or- dents whose parents choose to transfer their schools served under this part that have been ganizations of the existence and purpose of child to a different school. especially successful in improving academic such centers, providing such parents and or- ‘‘(E) HEARING.—Prior to implementing any achievement; ganizations with a description of the services corrective action, the State educational ‘‘(C) providing assistance to the local edu- and programs provided by such centers, ad- agency shall provide notice and a hearing to cational agency or school in the implemen- vising parents on how to use such centers, the affected local educational agency, if tation of research-based comprehensive and helping parents to contact such centers. State law provides for such notice and hear- school reform models; and ‘‘(h) STATE REVIEW.—The State edu- ing. The hearing shall take place not later ‘‘(D) a review process designed to increase cational agency shall review the local edu- than 45 days following the decision to imple- the capacity of local educational agencies cational agency’s parental involvement poli- ment corrective action. and schools to develop high-quality school cies and practices to determine if they meet ‘‘(F) NOTIFICATION TO PARENTS.—The State improvement plans.’’; the goal described in section 10301(8) of in- educational agency shall publish, and dis- (B) in paragraph (2)— creasing parental involvement and participa- seminate to parents and the public, any cor- (i) in subparagraph (A), by striking ‘‘part tion in promoting the academic growth of rective action the State educational agency which’’ and all that follows through the pe- children.’’. takes under this paragraph through a widely riod and inserting ‘‘part.’’; and read or distributed medium. (ii) in subparagraph (C)— SEC. 119. PROFESSIONAL DEVELOPMENT. ‘‘(G) DELAY.—A State educational agency (I) by striking ‘‘and may’’ and inserting Section 1119 (20 U.S.C. 6320) is amended— may delay, for a period not to exceed 1 year, ‘‘(and may’’; and (1) in subsection (a)(1), by adding at the implementation of corrective action only if (II) by striking ‘‘exemplary performance’’ end the following: ‘‘Each local educational the failure to make adequate yearly progress and inserting ‘‘exemplary performance)’’; agency receiving funds under this part shall was justified due to exceptional or uncon- and use not less than 5 percent of the funds for trollable circumstances such as a natural (C) in paragraph (3)— fiscal years 2001 and 2002, and 10 percent of disaster or a precipitous and unforeseen de- (i) in the paragraph heading, by striking the funds for subsequent fiscal years, for cline in the financial resources of the local ‘‘EDUCATORS’’ and inserting ‘‘TEACHERS AND such professional development.’’; educational agency. PRINCIPALS’’; (2) in subsection (b)— ‘‘(H) WAIVERS.—The State educational (ii) by amending subparagraph (A) to read (A) in paragraph (1), by amending subpara- agency shall review any waivers approved as follows: graph (A) to read as follows: prior to the date of enactment of the Edu- ‘‘(A) The State may also recognize and pro- ‘‘(A) support professional development ac- cational Excellence for All Children Act of vide financial awards to teachers or prin- tivities that give teachers, principals, ad- 2000 for a local educational agency des- cipals in a school described in paragraph (2) ministrators, paraprofessionals, pupil serv- ignated for improvement or corrective ac- whose students consistently make signifi- ices personnel, and parents the knowledge tion and shall terminate any waiver ap- cant gains in academic achievement.’’; and skills to provide students with the op- proved by the State under the Educational (iii) in subparagraph (B), by striking ‘‘edu- portunity to meet challenging State or local Flexibility Partnership Act of 1999 if the cators’’ and inserting ‘‘teachers or prin- content standards and student performance State determines, after notice and an oppor- cipals’’; and standards;’’; tunity for a hearing, that the waiver is not (iv) by striking subparagraph (C). (B) by redesignating subparagraphs (B) helping the local educational agency make SEC. 118. PARENTAL INVOLVEMENT. through (E) as subparagraphs (D) through yearly progress to meet the objectives and Section 1118 (20 U.S.C. 6319) is amended— (G), respectively; specific goals described in the local edu- (1) in subsection (a)(2)(B), by inserting ‘‘ac- (C) by inserting after subparagraph (A) the cational agency’s improvement plan.’’. tivities to improve student achievement and following: SEC. 117. ASSISTANCE FOR SCHOOL SUPPORT student and school performance’’ after ‘‘in- ‘‘(B) advance teacher understanding of ef- AND IMPROVEMENT. volvement’’; fective instructional strategies, based on re- Section 1117 (20 U.S.C. 6318) is amended— (2) in subsection (b)(1)— search for improving student achievement, (1) in subsection (a), by adding at the end (A) in the first sentence, by inserting ‘‘(in at a minimum in reading or language arts the following: a language parents can understand)’’ after and mathematics; ‘‘(3) PRIORITIES.—In carrying out this sec- ‘‘distribute’’; and ‘‘(C) be of sufficient intensity and duration tion, a State educational agency shall— (B) in the second sentence, insert ‘‘shall be (not to include 1-day or short-term work- ‘‘(A) first, provide support and assistance made available to the local community and’’ shops and conferences) to have a positive and to local educational agencies subject to cor- after ‘‘Such policy’’; lasting impact on the teacher’s performance rective action described in section 1116 and (3) in subsection (e)— in the classroom, except that this subpara- assist schools, in accordance with section (A) in paragraph (1), by striking ‘‘partici- graph shall not apply to an activity if such 1116, for which a local educational agency pating parents in such areas as under- activity is 1 component of a long-term com- has failed to carry out its responsibilities standing the National’’ and inserting ‘‘par- prehensive professional development plan es- under section 1116; ents of children served by the school or local tablished by the teacher and the teacher’s ‘‘(B) second, provide support and assistance educational agency, as appropriate, in under- supervisor based upon an assessment of the to other local educational agencies and standing America’s’’; needs of the teacher, the needs of students, schools identified as in need of improvement (B) in paragraph (14), by striking ‘‘and’’ and the needs of the local educational agen- under section 1116; and after the semicolon; cy;’’;

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(D) in subparagraph (E) (as so redesig- ‘‘(4) CONSULTATION.—Each local edu- striking ‘‘14501 of this Act’’ and inserting nated), by striking ‘‘title III of the Goals cational agency shall provide to the State ‘‘10101’’. 2000: Educate America Act,’’; educational agency, and maintain in the SEC. 120A. FISCAL REQUIREMENTS. (E) in subparagraph (F) (as so redesig- local educational agency’s records, a written Section 1120A(c) (20 U.S.C. 6322(c)) is nated), by striking ‘‘and’’ after the semi- affirmation signed by officials of each par- amended— colon; ticipating private school that the consulta- (1) in paragraph (2)— (F) in subparagraph (G) (as so redesig- tion required by this section has occurred. If (A) by amending the paragraph heading to nated), by striking the period and inserting a a private school declines in writing to have read as follows: ‘‘CRITERIA FOR MEETING COM- semicolon; and eligible children in the private school par- PARABILITY REQUIREMENT.’’; (G) by adding at the end the following: ticipate in services provided under this sec- (B) by amending subparagraph (A) to read ‘‘(H) to the extent appropriate, provide tion, the local educational agency is not re- as follows: training for teachers in the use of tech- quired to further consult with the private ‘‘(A) To meet the requirement of paragraph nology and the applications of technology school officials or to document the local edu- (1), a local educational agency shall estab- that are effectively used— cational agency’s consultation with the pri- lish, and obtain the State educational agen- ‘‘(i) in the classroom to improve teaching vate school officials until the private school cy’s approval of, policies to ensure com- and learning in the curriculum; and officials request in writing such consulta- parability in the use of State and local funds ‘‘(ii) in academic content areas in which tion. The local educational agency shall in- among its schools participating under this the teachers provide instruction; form the private school each year of the op- part and its other schools with respect to— ‘‘(I) be regularly evaluated for their impact portunity for eligible children to participate ‘‘(i) pupil-teacher ratios and the qualifica- on increased teacher effectiveness and im- in services provided under this section. tions of teachers (by category of assignment, proved student performance and achieve- ‘‘(5) COMPLIANCE.—A private school official such as regular education, special education, ment, with the findings of such evaluations shall have the right to appeal to the State and bilingual education) and professional used to improve the quality of professional educational agency the decision of a local staff, which may be achieved through re- development; educational agency as to whether consulta- cruitment, hiring practices, and incentive ‘‘(J) include strategies for identifying and tion provided for in this section was mean- programs, but shall not be met through in- eliminating gender and racial bias in in- ingful and timely, and whether due consider- voluntary transfers of teachers or other structional materials, methods, and prac- ation was given to the views of the private staff; tices; and school official. If the private school official ‘‘(ii) curriculum, the range of courses of- ‘‘(K) provide instruction, which may in- wishes to appeal the decision, the basis of fered, instructional materials, and instruc- clude instruction developed in partnership the claim of noncompliance with this section tional resources to ensure that participating with a business, an industry, or an institu- by the local educational agencies shall be children have the opportunity to achieve to tion of higher education, to encourage and provided to the State educational agency, the highest student performance levels under enable students, including young women, to and the local educational agency shall for- the State’s challenging content and student pursue demanding careers and higher edu- ward the appropriate documentation to the performance standards; and cation degrees in mathematics, science, en- State educational agency.’’; ‘‘(iii) the condition and safety of school fa- gineering, and technology, including the de- (3) by redesignating subsections (c), (d), cilities, and their accessibility to tech- velopment of mentoring programs, model and (e) as subsections (d), (e), and (f), respec- nology.’’; and programs, or other programs.’’; and tively; and (C) by adding at the end the following: (3) in subsection (g), by striking ‘‘title III (4) by inserting after subsection (b) the fol- ‘‘(D) Notwithstanding subparagraph (A), a of the Goals 2000: Educate America Act,’’ and lowing: local educational agency may continue to inserting ‘‘other Acts’’. ‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO meet the requirement of paragraph (1) by SEC. 120. PARTICIPATION OF CHILDREN EN- PRIVATE SCHOOL STUDENTS.— complying with subparagraph (A) as it was ROLLED IN PRIVATE SCHOOLS. ‘‘(1) CALCULATION.—A local educational in effect prior to the enactment of the Edu- (a) AMENDMENTS.—Section 1120 (20 U.S.C. agency shall have the final authority, con- cational Excellence for All Children Act of 6321) is amended— sistent with this section, to calculate the 2000, but each local educational agency shall (1) in subsection (a)— number of private school children, ages 5 comply with subparagraph (A), as amended (A) in paragraph (1), by inserting ‘‘that ad- through 17, who are low-income by— by that Act, no later than July 1, 2002.’’; and dress their needs, and shall ensure that ‘‘(A) using the same measure of low-income (2) in paragraph (3)(B), by striking ‘‘bienni- teachers and families of such children par- used to count public school children; ally’’ and inserting ‘‘annually’’. ticipate, on an equitable basis, in services ‘‘(B) using the results of a survey that, to SEC. 120B. EARLY CHILDHOOD EDUCATION. and activities under sections 1118 and 1119’’ the extent possible, protects the identity of Section 1120B (20 U.S.C. 6321) is amended— before the period; families of private school students, and al- (1) by amending the section heading to (B) in paragraph (3), by inserting ‘‘and lowing such survey results to be extrapo- read as follows: shall be provided in a timely manner’’ before lated if complete actual data are unavail- ‘‘SEC. 1120B. COORDINATION REQUIREMENTS; the period; and able; or EARLY CHILDHOOD EDUCATION (C) in paragraph (4), insert ‘‘as determined ‘‘(C) applying the low-income percentage of SERVICES.’’; by the local educational agency each year or each participating public school attendance (2) in subsection (c), by striking ‘‘Head every 2 years’’ before the period; area, determined pursuant to this section, to Start Act Amendments of 1994’’ and insert- (2) in subsection (b)— the number of private school children who ing ‘‘Head Start Amendments of 1998’’; and (A) in paragraph (1)— reside in that school attendance area. (3) by adding at the end the following: (i) in subparagraph (C), by striking ‘‘and ‘‘(2) COMPLAINT PROCESS.—Any dispute re- ‘‘(d) EARLY CHILDHOOD SERVICES.—A local where’’ and inserting ‘‘, where, and by garding low-income data for private school educational agency may use funds received whom’’; students shall be subject to the complaint under this part to provide preschool (ii) by amending subparagraph (D) to read process authorized in section 10105.’’; services— as follows: (5) in subsection (e) (as so redesignated), ‘‘(1) directly to eligible preschool children ‘‘(D) how the services will be assessed and (A) in paragraph (2), by striking ‘‘14505 and in all or part of its school district; how the results of that assessment will be 14506’’ and inserting ‘‘10105 and 10106’’; ‘‘(2) through any school participating in used to improve those services;’’; (B) by redesignating paragraphs (1) and (2) the local educational agency’s program (iii) in subparagraph (E), by striking the (as so amended) as subparagraphs (A) and under this part; or period and inserting ‘‘; and’’; and (B), respectively; ‘‘(3) through a contract with a local Head (iv) by adding at the end the following: (C) by striking ‘‘If a’’ and inserting the fol- Start agency, an eligible entity operating an ‘‘(F) how and when the local educational lowing: Even Start program, a State-funded pre- agency will make decisions about the deliv- ‘‘(1) IN GENERAL.—If a’’; and school program, or a comparable public early ery of services to eligible private school chil- (D) by adding at the end the following: childhood development program. dren, including a thorough consideration and ‘‘(2) DETERMINATION.—In making the deter- ‘‘(e) EARLY CHILDHOOD EDUCATION PRO- analysis of the views of private school offi- mination under paragraph (1), the Secretary GRAMS.—Early childhood education programs cials regarding the provision of contract shall consider 1 or more factors, including operated with funds provided under this part services through potential third party pro- the quality, size, scope, or location of the may be operated and funded jointly with viders, and if the local educational agency program, or the opportunity of eligible chil- Even Start programs under part B of this disagrees with the views of the private dren to participate in the program.’’; and title, Head Start programs, or State-funded school officials on such provision of services, (6) by repealing subsection (f) (as so redes- preschool programs. Early childhood edu- the local educational agency shall provide in ignated). cation programs funded under this part writing to such private school officials an (b) EFFECTIVE DATE.—The amendment shall— analysis of the reasons why the local edu- made by subsection (a)(4) shall take effect on ‘‘(1) focus on the developmental needs of cational agency has chosen not to so provide September 30, 2003. participating children, including their so- such services.’’; and (c) CONFORMING AMENDMENT.—Section cial, cognitive, and language-development (B) by adding at the end the following: 1120A(a) (20 U.S.C. 6322(a)) is amended by needs, and use research-based approaches

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.002 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3345 that build on competencies that lead to terms as the Secretary determines will best grants on the basis of population data for school success, particularly in language and carry out the purposes of this part, with re- counties, the Secretary shall apply the hold- literacy development and in reading; spect to out-of-State Indian children de- homeless percentages in paragraphs (1) and ‘‘(2) teach children to understand and use scribed in paragraph (1)(B). The amount of (2) to counties, and if the Secretary’s alloca- language in order to communicate for var- such payment may not exceed, for each such tion for a county is not sufficient to meet ious purposes; child, the greater of— the hold-harmless requirements of this sub- ‘‘(3) enable children to develop and dem- ‘‘(A) 40 percent of the average per-pupil ex- section for every local educational agency onstrate an appreciation of books; and penditure in the State in which the agency is within that county, then the State edu- ‘‘(4) in the case of children with limited located; or cational agency shall reallocate funds pro- English proficiency, enable the children to ‘‘(B) 48 percent of such expenditure in the portionately from all other local educational progress toward acquisition of the English United States. agencies in the State that receive funds for language.’’. ‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CON- the fiscal year in excess of the hold-harmless SEC. 120C. ALLOCATIONS. CENTRATION GRANTS, AND TAR- amounts specified in this paragraph. GETED GRANTS. Subpart 2 of part A of title I (20 U.S.C. 6331 ‘‘(d) RATABLE REDUCTIONS.— ‘‘(a) IN GENERAL.—For each of the fiscal et seq.) is amended to read as follows: ‘‘(1) IN GENERAL.—If the sums made avail- years 2001 through 2005— able under this part for any fiscal year are ‘‘Subpart 2—Allocations ‘‘(1) the amount appropriated to carry out insufficient to pay the full amounts that all ‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS this part that is less than or equal to the AND THE SECRETARY OF THE INTE- amount appropriated to carry out section States are eligible to receive under sub- RIOR. 1124 for fiscal year 2000, shall be allocated in section (c) for such year, the Secretary shall ‘‘(a) RESERVATION OF FUNDS.—From the accordance with section 1124; ratably reduce such amounts for such year. amount appropriated for any fiscal year ‘‘(2) the amount appropriated to carry out ‘‘(2) ADDITIONAL FUNDS.—If additional under section 1002(a), the Secretary shall re- this part that is not used under paragraph (1) funds become available for making payments serve a total of 1 percent to provide assist- that equals the amount appropriated to under subsection (c) for such fiscal year, ance to— carry out section 1124A for fiscal year 2000, amounts that were reduced under paragraph ‘‘(1) the outlying areas on the basis of their shall be allocated in accordance with section (1) shall be increased on the same basis as respective need for such assistance according 1124A; and such amounts reduced. to such criteria as the Secretary determines ‘‘(3) any amount appropriated to carry out ‘‘SEC. 1123. DEFINITIONS. will best carry out the purpose of this part; this part for the fiscal year for which the de- ‘‘In this subpart: and termination is made that is not used to ‘‘(1) FREELY ASSOCIATED STATES.—The term ‘‘(2) the Secretary of the Interior in the carry out paragraphs (1) and (2) shall be allo- ‘Freely Associated States’ means the Repub- amount necessary to make payments pursu- cated in accordance with section 1125. lic of the Marshall Islands, the Federated ant to subsection (c). ‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY States of Micronesia, and the Republic of ‘‘(b) ASSISTANCE TO THE OUTLYING AREAS.— APPROPRIATIONS.— Palau. ‘‘(1) IN GENERAL.—From amounts made ‘‘(1) IN GENERAL.—If the sums made avail- ‘‘(2) OUTLYING AREAS.—The term ‘outlying available under subsection (a)(1) in each fis- able under this part for any fiscal year are areas’ means the United States Virgin Is- cal year the Secretary shall make grants to insufficient to pay the full amounts that all lands, Guam, American Samoa, and the Com- local educational agencies in the outlying local educational agencies in States are eli- monwealth of the Northern Mariana Islands. areas. gible to receive under sections 1124, 1124A, ‘‘(3) STATE.—The term ‘State’ means each ‘‘(2) COMPETITIVE GRANTS.— and 1125 for such year, the Secretary shall of the several States of the United States, ‘‘(A) IN GENERAL.—For fiscal years 2000 and ratably reduce the allocations to such local the District of Columbia, and the Common- 2001, the Secretary shall reserve $5,000,000 educational agencies, subject to subsections wealth of Puerto Rico. from the amounts made available under sub- (c) and (d). section (a)(1) to award grants, on a competi- ‘‘(2) ADDITIONAL FUNDS.—If additional ‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDU- tive basis, to local educational agencies in funds become available for making payments CATIONAL AGENCIES. the Freely Associated States. The Secretary under sections 1124, 1124A, and 1125 for such ‘‘(a) AMOUNT OF GRANTS.— shall award such grants according to the rec- fiscal year, allocations that were reduced ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN- ommendations of the Pacific Region Edu- under paragraph (1) shall be increased on the CIES AND PUERTO RICO.—Except as provided in cational Laboratory which shall conduct a same basis as the allocations were reduced. paragraph (4) and in section 1126, the grant competition for such grants. ‘‘(c) HOLD-HARMLESS AMOUNTS.— that a local educational agency is eligible to ‘‘(B) USES.—Except as provided in subpara- ‘‘(1) IN GENERAL.—For each fiscal year the receive under this section for a fiscal year is graph (C), grant funds awarded under this amount made available to each local edu- the amount determined by multiplying— paragraph only may be used— cational agency under each of sections 1124, ‘‘(A) the number of children counted under ‘‘(i) for programs described in this Act, in- 1124A, and 1125 shall be not less than— subsection (c); and cluding teacher training, curriculum devel- ‘‘(A) 95 percent of the amount made avail- ‘‘(B) 40 percent of the average per-pupil ex- opment, instructional materials, or general able to the local educational agency under penditure in the State, except that the school improvement and reform; and each such section for the preceding fiscal amount determined under this subparagraph ‘‘(ii) to provide direct educational services. year if the number of children counted for shall not be less than 32 percent, and not ‘‘(C) ADMINISTRATIVE COSTS.—The Sec- grants under section 1124 is not less than 30 more than 48 percent, of the average per- retary may provide 5 percent of the amount percent of the total number of children aged pupil expenditure in the United States. made available for grants under this para- 5 to 17 years, inclusive, served by the local ‘‘(2) CALCULATION OF GRANTS.— graph to the Pacific Region Educational educational agency; ‘‘(A) ALLOCATIONS TO LOCAL EDUCATIONAL Laboratory to pay the administrative costs ‘‘(B) 90 percent of the amount made avail- AGENCIES.—The Secretary shall calculate of the Pacific Region Educational Labora- able to the local educational agency under grants under this section on the basis of the tory regarding activities assisted under this each such section for the preceding fiscal number of children counted under subsection paragraph. year if such percentage is not less than 15 (c) for local educational agencies, unless the ‘‘(c) ALLOTMENT TO THE SECRETARY OF THE percent and not more than 30 percent; and Secretary and the Secretary of Commerce INTERIOR.— ‘‘(C) 85 percent of the amount made avail- determine that some or all of those data are ‘‘(1) IN GENERAL.—The amount reserved for able to the local educational agency under unreliable or that their use would be other- payments to the Secretary of the Interior each such section for the preceding fiscal wise inappropriate, in which case— under subsection (a)(2) for any fiscal year year if such percentage is less than 15 per- ‘‘(i) the Secretary and the Secretary of shall be, as determined pursuant to criteria cent. Commerce shall publicly disclose the reasons established by the Secretary, the amount ‘‘(2) SPECIAL RULES.—If sufficient funds are for their determination in detail; and necessary to meet the special educational appropriated, the hold-harmless amounts de- ‘‘(ii) paragraph (3) shall apply. needs of— scribed in paragraph (1) shall be paid to all ‘‘(B) ALLOCATIONS TO LARGE AND SMALL ‘‘(A) Indian children on reservations served local educational agencies that received LOCAL EDUCATIONAL AGENCIES.— by elementary schools and secondary schools grants under section 1124, 1124A, or 1125 for ‘‘(i) LARGE LOCAL EDUCATIONAL AGENCIES.— for Indian children operated or supported by the preceding fiscal year, regardless of In the case of an allocation under this sec- the Department of the Interior; and whether the local educational agency meets tion to a large local educational agency, the ‘‘(B) out-of-State Indian children in ele- the minimum eligibility criteria provided in amount of the grant under this section for mentary schools and secondary schools in section 1124(b), 1124A(a)(1)(A), or 1125(a), re- the large local educational agency shall be local educational agencies under special con- spectively, except that a local educational the amount determined under paragraph (1). tracts with the Department of the Interior. agency that does not meet such minimum ‘‘(ii) SMALL LOCAL EDUCATIONAL AGEN- ‘‘(2) PAYMENTS.—From the amount re- eligibility criteria for 5 consecutive years CIES.— served for payments to the Secretary of the shall no longer be eligible to receive a hold- ‘‘(I) IN GENERAL.—In the case of an alloca- Interior under subsection (a)(2), the Sec- harmless amount under this subsection. tion under this section to a small local edu- retary of the Interior shall make payments ‘‘(3) COUNTY CALCULATION BASIS.—Any fis- cational agency the State educational agen- to local educational agencies, upon such cal year for which the Secretary calculates cy may—

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.003 pfrm09 PsN: S03PT1 S3346 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(aa) distribute grants under this section ‘‘(B) 32 percent of the average per-pupil ex- determine the number of children aged 5 to in amounts determined by the Secretary penditure in the United States. 17, inclusive, from families above the pov- under paragraph (1); or ‘‘(b) MINIMUM NUMBER OF CHILDREN TO erty level on the basis of the number of such ‘‘(bb) use an alternative method approved QUALIFY.—A local educational agency is eli- children from families receiving an annual by the Secretary to distribute the portion of gible for a basic grant under this section for income, in excess of the current criteria of the State’s total grants under this section any fiscal year only if the number of chil- poverty, from payments under a State pro- that is based on those small local edu- dren counted under subsection (c) for that gram funded under part A of title IV of the cational agencies. agency is— Social Security Act. In making such deter- ‘‘(II) ALTERNATIVE METHOD.—An alter- ‘‘(1) 10 or more; and minations the Secretary shall utilize the cri- native method under subclause (I)(bb) shall ‘‘(2) more than 2 percent of the total teria of poverty used by the Bureau of the be based on population data that the State school-age population in the school district Census in compiling the most recent decen- educational agency determines best reflect of the local educational agency. nial census for a family of 4 in such form as ‘‘(c) CHILDREN TO BE COUNTED.— the current distribution of children in poor those criteria have been updated by in- ‘‘(1) CATEGORIES OF CHILDREN.—The number families among the State’s small local edu- creases in the Consumer Price Index for all of children to be counted for purposes of this urban consumers, published by the Bureau of cational agencies that meet the minimum section is the aggregate of— number of children to qualify described in Labor Statistics. The Secretary shall deter- ‘‘(A) the number of children aged 5 to 17, mine the number of children aged 5 through subsection (b). inclusive, in the school district of the local 17 living in institutions for neglected or de- ‘‘(III) APPEAL.—If a small local educational educational agency from families below the linquent children, or being supported in fos- agency is dissatisfied with the determination poverty level as determined under para- ter homes with public funds, on the basis of of the amount of its grant by the State edu- graphs (2) and (3); the caseload data for the month of October cational agency under subclause (I)(bb), the ‘‘(B) the number of children aged 5 to 17, of the preceding fiscal year (using, in the small local educational agency may appeal inclusive, in the school district of such agen- case of children described in the preceding the determination to the Secretary, who cy from families above the poverty level as sentence, the criteria of poverty and the shall respond within 45 days of receiving the determined under paragraph (4); and form of such criteria required by such sen- appeal. ‘‘(C) the number of children determined tence which were determined for the cal- ‘‘(iii) DEFINITIONS.—In this subparagraph— under paragraph (4) for the preceding year as ‘‘(I) the term ‘large local educational agen- described in that paragraph, or for the sec- endar year preceding such month of October) cy’ means a local educational agency serving ond preceding year, as the Secretary finds or, to the extent that such data are not a school district with a total population of appropriate) aged 5 to 17, inclusive, in the available to the Secretary before January of 20,000 or more; and school district of such agency in institutions the calendar year in which the Secretary’s ‘‘(II) the term ‘small local educational for neglected and delinquent children and determination is made, then on the basis of agency’ means a local educational agency youth (other than such institutions operated the most recent reliable data available to serving a school district with a total popu- by the United States), but not counted pur- the Secretary at the time of such determina- lation of less than 20,000. suant to chapter 1 of subpart 2 of part C of tion. The Secretary of Health and Human ‘‘(3) ALLOCATIONS TO COUNTIES.— title III for the purposes of a grant to a State Services shall collect and transmit the infor- ‘‘(A) IN GENERAL.—For any fiscal year to agency, or being supported in foster homes mation required by this subparagraph to the which this paragraph applies, the Secretary with public funds. Secretary not later than January 1 of each shall calculate grants under this section on ‘‘(2) DETERMINATION OF NUMBER OF CHIL- year. For the purpose of this section, the the basis of the number of children counted DREN.—For the purposes of this section, the Secretary shall consider all children who are under section 1124(c) for counties, and State Secretary shall determine the number of in correctional institutions to be living in educational agencies shall allocate county children aged 5 to 17, inclusive, from families institutions for delinquent children. amounts to local educational agencies, in ac- below the poverty level on the basis of the ‘‘(5) ESTIMATE.—When requested by the cordance with regulations promulgated by most recent satisfactory data, described in Secretary, the Secretary of Commerce shall the Secretary. paragraph (3), available from the Depart- make a special updated estimate of the num- ‘‘(B) APPLICATION.—In any State in which a ment of Commerce. The District of Columbia ber of children of such ages who are from large number of local educational agencies and the Commonwealth of Puerto Rico shall families below the poverty level (as deter- overlap county boundaries, or for which the be treated as individual local educational mined under paragraph (2)) in each school State believes the State has data that would agencies. If a local educational agency con- district, and the Secretary is authorized to better target funds than allocating the funds tains 2 or more counties in their entirety, pay (either in advance or by way of reim- by county, the State educational agency then each county will be treated as if such bursement) the Secretary of Commerce the may apply to the Secretary for authority to county were a separate local educational cost of making this special estimate. The make the allocations under this part for a agency for purposes of calculating grants Secretary of Commerce shall give consider- particular fiscal year directly to local edu- under this part. The total of grants for such ation to any request of the chief executive of cational agencies without regard to counties. counties shall be allocated to such a local a State for the collection of additional cen- ‘‘(C) ALLOCATIONS TO LOCAL EDUCATIONAL educational agency, which local educational sus information. For purposes of this sec- AGENCIES.—If the Secretary approves its ap- agency shall distribute to schools in each tion, the Secretary shall consider all chil- plication under subparagraph (B), the State county within such agency a share of the dren who are in correctional institutions to educational agency shall provide the Sec- local educational agency’s total grant that is be living in institutions for delinquent chil- retary an assurance that the allocations will no less than the county’s share of the popu- dren. be made— lation counts used to calculate the local edu- ‘‘(d) STATE MINIMUM.—Notwithstanding ‘‘(i) using precisely the same factors for de- cational agency’s grant. section 1122, the aggregate amount allotted termining a grant as are used under this sec- ‘‘(3) POPULATION UPDATES.—In fiscal year for all local educational agencies within a tion; or 2001 and every 2 years thereafter, the Sec- State may not be less than the lesser of— ‘‘(ii) using data that the State educational retary shall use updated data on the number ‘‘(1) 0.25 percent of the total amount made agency submits to the Secretary for approval of children, aged 5 to 17, inclusive, from fam- available to carry out this section for such that more accurately target poverty. ilies below the poverty level for counties or fiscal year; or ‘‘(D) APPEAL.—The State educational agen- local educational agencies, published by the ‘‘(2) the average of— cy shall provide the Secretary an assurance Department of Commerce, unless the Sec- ‘‘(A) 0.25 percent of the total amount made that a procedure is or will be established retary and the Secretary of Commerce deter- available to carry out this section for such through which local educational agencies mine that use of the updated population data fiscal year; and that are dissatisfied with determinations would be inappropriate or unreliable. If the ‘‘(B) the number of children in such State under subparagraph (B) may appeal directly Secretary and the Secretary of Commerce counted under subsection (c) in the fiscal to the Secretary for a final determination. determine that some or all of the data re- year multiplied by 150 percent of the na- ‘‘(4) PUERTO RICO.—For each fiscal year, ferred to in this paragraph are inappropriate tional average per-pupil payment made with the Secretary shall determine the percent- or unreliable, the Secretary and the Sec- funds available under this section for that age which the average per-pupil expenditure retary of Commerce shall publicly disclose fiscal year. in the Commonwealth of Puerto Rico is of their reasons. In determining the families ‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL the lowest average per-pupil expenditure of which are below the poverty level, the Sec- EDUCATIONAL AGENCIES. any of the 50 States. The grant which the retary shall utilize the criteria of poverty ‘‘(a) ELIGIBILITY FOR AND AMOUNT OF Commonwealth of Puerto Rico shall be eligi- used by the Bureau of the Census in com- GRANTS.— ble to receive under this section for a fiscal piling the most recent decennial census, in ‘‘(1) ELIGIBILITY.— year shall be the amount arrived at by mul- such form as those criteria have been up- ‘‘(A) IN GENERAL.—Except as otherwise pro- tiplying the number of children counted dated by increases in the Consumer Price vided in this paragraph, each local edu- under subsection (c) for the Commonwealth Index for all urban consumers, published by cational agency in a State that is eligible for of Puerto Rico by the product of— the Bureau of Labor Statistics. a grant under section 1124 for any fiscal year ‘‘(A) the percentage determined under the ‘‘(4) OTHER CHILDREN TO BE COUNTED.—For is eligible for an additional grant under this preceding sentence; and purposes of this section, the Secretary shall section for that fiscal year if the number of

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.003 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3347 children counted under section 1124(c) who section 1124(c), except that only those local than 29.70 percent, of such population, multi- are served by the agency exceeds— educational agencies with concentrations or plied by 3.25; and ‘‘(i) 6,500; or numbers of children counted under section ‘‘(v) the number of such children who con- ‘‘(ii) 15 percent of the total number of chil- 1124(c) that exceed the statewide average stitute more than 29.70 percent of such popu- dren aged 5 through 17 served by the agency. percentage of such children or the statewide lation, multiplied by 4.0. ‘‘(B) MINIMUM.—Notwithstanding section average number of such children shall re- ‘‘(C) BY NUMBER OF CHILDREN.—The amount 1122, no State shall receive under this sec- ceive any funds on the basis of this para- referred to in subparagraph (A) is determined tion an amount that is less than the lesser graph. by adding— of— ‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDU- ‘‘(i) the number of children determined ‘‘(i) 0.25 percent of the total amount made CATIONAL AGENCIES. under section 1124(c) who constitute not available to carry out this section for such ‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL more than 1,917, inclusive, of the county’s fiscal year; or AGENCIES.— total population aged 5 to 17, inclusive, mul- ‘‘(ii) the average of— ‘‘(1) IN GENERAL.—A local educational tiplied by 1.0; ‘‘(I) 0.25 percent of the sums available to agency in a State is eligible to receive a tar- ‘‘(ii) the number of such children between carry out this section for such fiscal year; geted grant under this section for any fiscal 1,918 and 5,938, inclusive, in such population, and year if— multiplied by 1.5; ‘‘(II) the greater of— ‘‘(A) the number of children in the local ‘‘(iii) the number of such children between ‘‘(aa) $340,000; or educational agency counted under section 5,939 and 20,199, inclusive, in such population, ‘‘(bb) the number of children in such State 1124(c), before application of the weighted multiplied by 2.0; counted for purposes of this section in that child count described in subsection (c), is at ‘‘(iv) the number of such children between 20,200 and 77,999, inclusive, in such popu- fiscal year multiplied by 150 percent of the least 10; and lation, multiplied by 2.5; and national average per-pupil payment made ‘‘(B) if the number of children counted for ‘‘(v) the number of such children in excess with funds available under this section for grants under section 1124(c), before applica- of 77,999 in such population, multiplied by that fiscal year. tion of the weighted child count described in 3.0. ‘‘(2) DETERMINATION.—For each county or subsection (c), is at least 5 percent of the ‘‘(D) PUERTO RICO.—Notwithstanding sub- local educational agency eligible to receive total number of children aged 5 to 17 years, paragraph (A), the weighting factor for the an additional grant under this section for inclusive, in the school district of the local Commonwealth of Puerto Rico under this any fiscal year the Secretary shall deter- educational agency. paragraph shall not be greater than the total mine the product of— ‘‘(2) SPECIAL RULE.—For any fiscal year for ‘‘(A) the number of children counted under number of children counted under section which the Secretary allocates funds under 1124(c) multiplied by 1.72. section 1124(c) for that fiscal year; and this section on the basis of counties, funds ‘‘(2) WEIGHTS FOR ALLOCATIONS TO LOCAL ‘‘(B) the amount in section 1124(a)(1)(B) for made available as a result of applying this EDUCATIONAL AGENCIES.— all States except the Commonwealth of subsection shall be reallocated by the State Puerto Rico, and the amount in section ‘‘(A) IN GENERAL.—For each fiscal year for educational agency to other eligible local which the Secretary uses local educational 1124(a)(3) for the Commonwealth of Puerto educational agencies in the State in propor- Rico. agency data, the weighted child count used tion to the distribution of other funds under to determine a local educational agency’s ‘‘(3) AMOUNT.—The amount of the addi- this section. tional grant for which an eligible local edu- grant under this section is the larger of the ‘‘(b) GRANTS FOR LOCAL EDUCATIONAL 2 amounts determined under subparagraphs cational agency or county is eligible under AGENCIES, THE DISTRICT OF COLUMBIA, AND this section for any fiscal year shall be an (B) and (C). THE COMMONWEALTH OF PUERTO RICO.— ‘‘(B) BY PERCENTAGE OF CHILDREN.—The amount that bears the same ratio to the ‘‘(1) IN GENERAL.—The amount of the grant amount referred to in subparagraph (A) is de- amount available to carry out this section that a local educational agency in a State termined by adding— for that fiscal year as the product deter- (other than the Commonwealth of Puerto ‘‘(i) the number of children determined mined under paragraph (2) for such local edu- Rico) is eligible to receive under this section under section 1124(c) for that local educational agency for that fiscal year bears to for any fiscal year shall be the product of— cational agency who constitute not more the sum of such products for all local edu- ‘‘(A) the weighted child count determined than 14.265 percent, inclusive, of the agency’s cational agencies in the United States for under subsection (c); and total population aged 5 to 17, inclusive, mul- that fiscal year. ‘‘(B) the amount of the grant the local edu- tiplied by 1.0; OCAL ALLOCATIONS.— ‘‘(4) L cational agency is eligible to receive under ‘‘(ii) the number of such children who con- ‘‘(A) IN GENERAL.—Grant amounts under section 1124(a)(1). stitute more than 14.265 percent, but not this section shall be calculated in the same ‘‘(2) PUERTO RICO.—For each fiscal year, more than 21.553 percent, of such population, manner as grant amounts are calculated the amount of the grant the Commonwealth multiplied by 1.75; under section 1124(a) (2) and (3). of Puerto Rico is eligible to receive under ‘‘(iii) the number of such children who con- ‘‘(B) SPECIAL RULE.—For any fiscal year for this section shall be equal to the number of stitute more than 21.553 percent, but not which the Secretary allocates funds under children counted under subsection (c) for the more than 29.223 percent, of such population, this section on the basis of counties, a State Commonwealth of Puerto Rico, multiplied multiplied by 2.5; may reserve not more than 2 percent of the by the amount determined in section ‘‘(iv) the number of such children who con- amount made available to the State under 1124(a)(4) for the Commonwealth of Puerto stitute more than 29.223 percent, but not this section for any fiscal year to make Rico. more than 36.538 percent, of such population, grants to local educational agencies that ‘‘(c) WEIGHTED CHILD COUNT.— multiplied by 3.25; and meet the criteria in paragraph (1)(A) (i) or ‘‘(1) WEIGHTS FOR ALLOCATIONS TO COUN- ‘‘(v) the number of such children who con- (ii) but that are in ineligible counties. TIES.— stitute more than 36.538 percent of such pop- ‘‘(b) RATABLE REDUCTION RULE.—If the ‘‘(A) IN GENERAL.—For each fiscal year for ulation, multiplied by 4.0. sums available under subsection (a) for any which the Secretary uses county population ‘‘(C) BY NUMBER OF CHILDREN.—The amount fiscal year for making payments under this data to calculate grants, the weighted child referred to in subparagraph (A) is determined section are not sufficient to pay in full the count used to determine a county’s alloca- by adding— total amounts which all States are eligible tion under this section is the larger of the 2 ‘‘(i) the number of children determined to receive under subsection (a) for such fiscal amounts determined under subparagraphs under section 1124(c) who constitute not year, the maximum amounts that all States are eligible to receive under subsection (a) (B) and (C). more than 575, inclusive, of the agency’s for such fiscal year shall be ratably reduced. ‘‘(B) BY PERCENTAGE OF CHILDREN.—The total population aged 5 to 17, inclusive, mul- In the case that additional funds become amount referred to in subparagraph (A) is de- tiplied by 1.0; available for making such payments for any termined by adding— ‘‘(ii) the number of such children between fiscal year during which the preceding sen- ‘‘(i) the number of children determined 576 and 1,870, inclusive, in such population, tence is applicable, such reduced amounts under section 1124(c) for that county who multiplied by 1.5; shall be increased on the same basis as they constitute not more than 12.20 percent, in- ‘‘(iii) the number of such children between were reduced. clusive, of the county’s total population aged 1,871 and 6,910, inclusive, in such population, ‘‘(c) STATES RECEIVING 0.25 PERCENT OR 5 to 17, inclusive, multiplied by 1.0; multiplied by 2.0; LESS.—In States that receive 0.25 percent or ‘‘(ii) the number of such children who con- ‘‘(iv) the number of such children between less of the total amount made available to stitute more than 12.20 percent, but not more 6,911 and 42,000, inclusive, in such population, carry out this section for a fiscal year, the than 17.70 percent, of such population, multi- multiplied by 2.5; and State educational agency shall allocate such plied by 1.75; ‘‘(v) the number of such children in excess funds among the local educational agencies ‘‘(iii) the number of such children who con- of 42,000 in such population, multiplied by in the State— stitute more than 17.70 percent, but not more 3.0. ‘‘(1) in accordance with paragraphs (2) and than 22.80 percent, of such population, multi- ‘‘(D) PUERTO RICO.—Notwithstanding sub- (4) of subsection (a); or plied by 2.5; paragraph (A), the weighting factor for the ‘‘(2) based on their respective concentra- ‘‘(iv) the number of such children who con- Commonwealth of Puerto Rico under this tions and numbers of children counted under stitute more than 22.80 percent, but not more paragraph shall not be greater than the total

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.003 pfrm09 PsN: S03PT1 S3348 CONGRESSIONAL RECORD — SENATE May 3, 2000

number of children counted under section in each local educational agency and the av- ‘‘(3) WAIVERS.—The Secretary may waive, 1124(c) multiplied by 1.72. erage per-pupil expenditures in the State ac- for 1 fiscal year only, the requirements of ‘‘(d) CALCULATION OF GRANT AMOUNTS.— cording to the number of pupils served by this subsection if the Secretary determines Grant amounts under this section shall be the local educational agency. that such a waiver would be equitable due to calculated in the same manner as grant ‘‘(III) NUMBER OF PUPILS.—In determining exceptional or uncontrollable circumstances amounts are calculated under section 1124(a) the number of pupils under this paragraph such as a natural disaster or a precipitous (2) and (3). served by each local educational agency and and unforeseen decline in the financial re- ‘‘(e) STATE MINIMUM.—Notwithstanding in each State, the Secretary shall multiply sources of the State. any other provision of this section or section the number of children from low-income ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 1122, from the total amount available for any families by a factor of 1.4. There are authorized to be appropriated to fiscal year to carry out this section, each ‘‘(IV) ENROLLMENT REQUIREMENT.—In com- carry out this section $200,000,000 for fiscal State shall be allotted not less than the less- puting coefficients of variation, the Sec- year 2001 and such sums as may be necessary er of— retary shall include only those local edu- for each of the 4 succeeding fiscal years. ‘‘(1) 0.25 percent of the total amount made cational agencies with an enrollment of ‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES. available to carry out this section for such more than 200 students. ‘‘(a) ALLOCATIONS FOR NEGLECTED CHIL- fiscal year; or ‘‘(V) SEPARATE COEFFICIENTS.—The Sec- DREN.— ‘‘(2) the average of— retary shall compute separate coefficients of ‘‘(1) IN GENERAL.—If a State educational ‘‘(A) 0.25 percent of the total amount made variation for elementary schools, secondary agency determines that a local educational available to carry out this section for such schools, and unified local educational agen- agency in the State is unable or unwilling to fiscal year; and cies and shall combine such coefficients into provide for the special educational needs of ‘‘(B) 150 percent of the national average a single weighted average coefficient for the children who are living in institutions for grant under this section per child described State by multiplying each coefficient by the neglected or delinquent children as described in section 1124(c), without application of a total enrollments of the local educational in section 1124(c)(1)(C), the State educational weighted child count, multiplied by the agencies in each group, adding such prod- agency shall, if such agency assumes respon- State’s total number of children described in ucts, and dividing such sum by the total en- sibility for the special educational needs of section 1124(c), without application of a rollments of the local educational agencies such children, receive the portion of such weighted child count. in the State. local educational agency’s allocation under ‘‘SEC. 1125A. EDUCATION FINANCE INCENTIVE ‘‘(B) SPECIAL RULE.—The equity factor for sections 1124, 1124A, and 1125 that is attrib- PROGRAM. a State that meets the disparity standard de- utable to such children. ‘‘(a) GRANTS.—From funds appropriated scribed in section 222.162 of title 34, Code of ‘‘(2) SPECIAL RULE.—If the State edu- under subsection (e) the Secretary is author- Federal Regulations (as such section was in cational agency does not assume such re- ized to make grants to States, from allot- effect on the day preceding the date of enact- sponsibility, any other State or local public ments under subsection (b), to carry out the ment of the Educational Excellence for All agency that does assume such responsibility purposes of this part. Children Act of 20OO) or a State with only 1 shall receive that portion of the local edu- ‘‘(b) DISTRIBUTION BASED UPON FISCAL EF- local educational agency shall be not greater FORT AND EQUITY.— cational agency’s allocation. than 0.10. ‘‘(b) ALLOCATIONS AMONG LOCAL EDU- ‘‘(1) IN GENERAL.— ‘‘(C) REVISIONS.—The Secretary may revise CATIONAL AGENCIES.—The State educational ‘‘(A) IN GENERAL.—Except as provided in each State’s equity factor as necessary based agency may allocate the amounts of grants subparagraph (B), funds appropriated pursu- on the advice of independent education fi- under sections 1124, 1124A, and 1125 among ant to subsection (e) shall be allotted to each nance scholars to reflect other need-based the affected local educational agencies— State based upon the number of children costs of local educational agencies in addi- ‘‘(1) if 2 or more local educational agencies aged 5 to 17, inclusive, in such State multi- tion to low-income student enrollment, such serve, in whole or in part, the same geo- plied by the product of— as differing geographic costs, costs associ- graphical area; ‘‘(i) such State’s effort factor described in ated with students with disabilities, children ‘‘(2) if a local educational agency provides paragraph (2); multiplied by with limited English-proficiency or other free public education for children who reside ‘‘(ii) 1.30 minus such State’s equity factor meaningful educational needs, which deserve in the school district of another local edu- described in paragraph (3). additional support. In addition, after obtain- cational agency; or ‘‘(B) MINIMUM.—For each fiscal year no ing the advice of independent education fi- ‘‘(3) to reflect the merger, creation, or State shall receive under this section less nance scholars, the Secretary may revise change of boundaries of 1 or more local edu- than 0.25 percent of the total amount appro- each State’s equity factor to incorporate cational agencies. priated under subsection (e) for the fiscal other valid and accepted methods to achieve ‘‘(c) REALLOCATION.—If a State educational year. adequacy of educational opportunity that agency determines that the amount of a ‘‘(2) EFFORT FACTOR.— may not be reflected in a coefficient of vari- grant a local educational agency would re- ‘‘(A) IN GENERAL.—Except as provided in ation method. ceive under sections 1124, 1124A, and 1125 is subparagraph (B), the effort factor for a ‘‘(c) USE OF FUNDS.—All funds awarded to more than such local educational agency State shall be determined in accordance with each State under this section shall be allo- will use, the State educational agency shall the succeeding sentence, except that such cated to local educational agencies and make the excess amount available to other factor shall not be less than 0.95 nor greater schools on a basis consistent with the dis- local educational agencies in the State that than 1.05. The effort factor determined under tribution of other funds to such agencies and need additional funds in accordance with cri- this sentence shall be a fraction the numer- schools under sections 1124, 1124A, and 1125 to teria established by the State educational ator of which is the product of the 3-year av- carry out activities under this part. agency. erage per-pupil expenditure in the State ‘‘(d) MAINTENANCE OF EFFORT.— ‘‘SEC. 1127. CARRYOVER AND WAIVER. multiplied by the 3-year average per capita ‘‘(1) IN GENERAL.—Except as provided in ‘‘(a) LIMITATION ON CARRYOVER.—Notwith- income in the United States and the denomi- paragraph (2), a State is entitled to receive standing section 421 of the General Edu- nator of which is the product of the 3-year its full allotment of funds under this section cation Provisions Act or any other provision average per capita income in such State for any fiscal year if the Secretary finds that of law, not more than 15 percent of the funds multiplied by the 3-year average per-pupil either the combined fiscal effort per student allocated to a local educational agency for expenditure in the United States. or the aggregate expenditures within the any fiscal year under this subpart (but not ‘‘(B) COMMONWEALTH OF PUERTO RICO.—The State with respect to the provision of free including funds received through any re- effort factor for the Commonwealth of Puer- public education for the fiscal year preceding allocation under this subpart) may remain to Rico shall be equal to the lowest effort the fiscal year for which the determination available for obligation by such agency for factor calculated under subparagraph (A) for is made was not less than 90 percent of such one additional fiscal year. any State. combined fiscal effort or aggregate expendi- ‘‘(b) WAIVER.—A State educational agency ‘‘(3) EQUITY FACTOR.— tures for the second fiscal year preceding the may, once every 3 years, waive the percent- ‘‘(A) DETERMINATION.— fiscal year for which the determination is age limitation in subsection (a) if— ‘‘(i) IN GENERAL.—Except as provided in made. ‘‘(1) the agency determines that the re- subparagraph (B), the Secretary shall deter- ‘‘(2) REDUCTION OF FUNDS.—The Secretary quest of a local educational agency is reason- mine the equity factor under this section for shall reduce the amount of funds awarded to able and necessary; or each State in accordance with clause (ii). any State under this section in any fiscal ‘‘(2) supplemental appropriations for this ‘‘(ii) COMPUTATION.— year in the exact proportion to which the subpart become available. ‘‘(I) IN GENERAL.—For each State, the Sec- State fails to meet the requirements of para- ‘‘(c) EXCLUSION.—The percentage limita- retary shall compute a weighted coefficient graph (1) by falling below 90 percent of both tion under subsection (a) shall not apply to of variation for the per-pupil expenditures of the fiscal effort per student and aggregate any local educational agency that receives local educational agencies in accordance expenditures (using the measure most favor- less than $50,000 under this subpart for any with subclauses (II), (III), (IV), and (V). able to the State), and no such lesser amount fiscal year. ‘‘(II) VARIATION.—In computing coeffi- shall be used for computing the effort re- ‘‘SEC. 1128. ENSURING APPROPRIATE USE OF cients of variation, the Secretary shall weigh quired under paragraph (1) for subsequent FUNDS. the variation between per-pupil expenditures years. ‘‘For each fiscal year, the Secretary shall—

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.003 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3349 ‘‘(1) take all appropriate steps to ensure indicators, describe the State’s progress in tional services for participants during the that, to the maximum extent consistent developing the indicators; summer months; with this part, funds made available under ‘‘(2) describe how the State is using, or will ‘‘(B) providing developmentally appro- this part are provided to local educational use, the indicators to monitor, evaluate, and priate educational services for at least a 3- agencies with the largest concentrations of improve projects the State assists under this year age range of children; children eligible to be counted under section part, and to decide whether to continue to ‘‘(C) encouraging participating families to 1124(c); and assist those projects; regularly attend and remain in the program ‘‘(2) report to Congress on the steps taken ‘‘(3) describe how the State will help each for a sufficient time to meet their program under paragraph (1).’’. program assisted under this part ensure the goals; and PART B—EVEN START FAMILY LITERACY full implementation of the program elements ‘‘(D) promoting the continuity of family PROGRAMS described in section 1205, including how the literacy services across critical points in the State will encourage local programs to use lives of children and their parents so that SEC. 121. EVEN START FAMILY LITERACY PRO- those individuals can retain and improve GRAMS. technology, such as distance learning, to im- their educational outcomes;’’; (a) PROGRAM AUTHORIZED.— prove program access and the intensity of (3) by amending paragraph (10) to read as (1) RESERVATION FOR MIGRANT PROGRAMS, services, especially for isolated populations; follows: OUTLYING AREAS, AND INDIAN TRIBES.—Section ‘‘(4) describe how the State will conduct ‘‘(10) provide for an independent evaluation 1202(a) (20 U.S.C. 6362(a)) is amended— competition for subgrants, including the ap- of the program to be used for program im- (A) in paragraph (1), by inserting ‘‘(or, if plication of the criteria described in section provement.’’; such appropriated amount exceeds 1208; and (4) by redesignating paragraphs (9) and (10) $250,000,000, 6 percent of such amount)’’ after ‘‘(5) describe how the State will coordinate (as so amended) as paragraphs (10) and (11), ‘‘1002(b)’’; resources, especially among State agencies, respectively; and (B) in paragraph (2), by striking ‘‘If the to improve family literacy services in the (5) by inserting after paragraph (8) the fol- amount of funds made available under this State. lowing: subsection exceeds $4,600,000,’’ and inserting ‘‘(b) DURATION.—Each State plan shall— ‘‘(1) be submitted for the first year for ‘‘(9) use instructional programs based on ‘‘After the date of the enactment of the Edu- scientifically based reading research (as de- cational Excellence for All Children Act of which this part is in effect after the date of enactment of the Educational Excellence for fined in section 2252) for children and, to the 2000,’’; and extent such research is available, for (C) by adding at the end the following: All Children Act of 2000; ‘‘(2) remain in effect for the duration of the adults;’’. ‘‘(3) COORDINATION OF PROGRAMS FOR AMER- (f) ELIGIBLE PARTICIPANTS.—Section 1206 State’s participation under this part; and ICAN INDIANS.—The Secretary shall ensure (20 U.S.C. 6366) is amended— ‘‘(3) be periodically reviewed and revised that programs under paragraph (1)(C) are co- (1) in subsection (a)(1)— ordinated with family literacy programs op- by the State, as necessary.’’. (A) in subparagraph (A), by striking ‘‘or’’ erated by the Bureau of Indian Affairs in (d) USES OF FUNDS.—Section 1204 (20 U.S.C. at the end; order to avoid duplication and to encourage 6364) is amended— (B) in subparagraph (B), by striking ‘‘and’’ the dissemination of information on high- (1) in subsection (b)(1)(A)— at the end and inserting ‘‘or’’; and quality family literacy programs serving (A) in clause (iv), by striking ‘‘and’’ after (C) by inserting after subparagraph (B), the American Indians.’’. the semicolon; and following: (2) RESERVATION FOR FEDERAL ACTIVITIES.— (B) by striking clause (v) and inserting the ‘‘(C) who are attending secondary school; Section 1202(b) (20 U.S.C. 6362(b)) is amended following: and’’; and to read as follows: ‘‘(v) 50 percent in the fifth, sixth, seventh, (2) in subsection (b), by adding at the end ‘‘(b) RESERVATION FOR FEDERAL ACTIVI- and eighth such years; and the following: TIES.— ‘‘(vi) 35 percent in any subsequent such ‘‘(3) CHILDREN 8 YEARS OF AGE OR OLDER.— ‘‘(1) EVALUATION, TECHNICAL ASSISTANCE, year.’’; and If an Even Start program assisted under this PROGRAM IMPROVEMENT, AND REPLICATION AC- (2) by adding at the end the following: part collaborates with a program under part TIVITIES.—From amounts appropriated under ‘‘(c) USE OF FUNDS FOR FAMILY LITERACY A, and funds received under such part A pro- section 1002(b), the Secretary may reserve SERVICES.— gram pay the cost of providing family lit- not more than 3 percent of such amounts or ‘‘(1) IN GENERAL.—A State may use a por- eracy services under this part to families the amount reserved to carry out the activi- tion of funds received under this part to as- with children 8 years of age or older who are ties described in paragraphs (1) and (2) of sist eligible entities receiving a subgrant not otherwise eligible under this subsection, subsection (a) for the fiscal year 1994, which- under section 1203(b) in improving the qual- the Even Start program, notwithstanding ever is greater, for purposes 0of— ity of family literacy services provided under subsection (a)(2), may permit the participa- ‘‘(A) carrying out the evaluation required Even Start programs under this part, except tion of those children and families, so long by section 1209; and that in no case may a State’s use of funds for as the main focus of the program assisted ‘‘(B) providing, through grants or con- this purpose for a fiscal year result in a de- under this part remains on families with tracts with eligible organizations, technical crease from the level of activities and serv- young children.’’. assistance, program improvement, and rep- ices provided to program participants in the (g) APPLICATION.— lication activities. preceding year. (1) PLAN.—Section 1207(c)(1)(F) (20 U.S.C. ‘‘(2) RESEARCH.—In the case of fiscal years ‘‘(2) PRIORITY.—In carrying out paragraph 6367(c)(1)(F)) is amended— 2001 through 2005, if the amounts appro- (1), a State shall give priority to programs (A) by striking ‘‘Act, the Goals 2000: Edu- priated under section 1002(b) for any of such that were of low quality, as evaluated based cate America Act,’’ and inserting ‘‘Act’’; and years exceed such amounts appropriated for on the indicators of program quality devel- (B) by striking ‘‘14306’’ and inserting the preceding fiscal year, the Secretary shall oped by the State under section 1210. ‘‘6506’’. reserve from such excess amount $2,000,000 or ‘‘(3) TECHNICAL ASSISTANCE AND TRAINING.— (2) CONSOLIDATED APPLICATION.—Section 50 percent, whichever is less, to carry out Assistance under paragraph (1) shall be in 1207(d) (20 U.S.C. 6367(d)) is amended by section 1211.’’. the form of technical assistance and train- striking ‘‘14302’’ and inserting ‘‘6502’’. (3) RESERVATION FOR GRANTS.—Section ing, provided by a State through a grant, (h) AWARD OF SUBGRANTS.— 1202(c) (20 U.S.C. 6362(c)) is amended— contract, or cooperative agreement with an (1) REVIEW PANEL.—The matter preceding (A) in the subsection heading, by striking entity that has experience in offering high subparagraph (A) of section 1208(a)(3) (20 ‘‘FOR GRANTS’’ and inserting ‘‘FOR STATEWIDE quality training and technical assistance to U.S.C. 6368(a)(3)) is amended— FAMILY LITERACY INITIATIVES’’; and family literacy providers.’’. (A) by inserting ‘‘and one individual with (B) by striking ‘‘From funds reserved under (e) PROGRAM ELEMENTS.—Section 1205 (20 expertise in family literacy programs.’’ after section 2260(b)(3), the Secretary shall’’ and U.S.C. 6365) is amended— ‘‘education professional,’’; and inserting ‘‘From funds appropriated under (1) by amending paragraph (4) to read as (B) by striking ‘‘and one or more of the fol- section 1002(b) for any fiscal year, the Sec- follows: lowing individuals:’’ and inserting ‘‘The re- retary may’’. ‘‘(4) provide high-quality, intensive family view panel may include other individuals (c) STATE PLAN.—Part B of title I (20 U.S.C. literacy services using instructional ap- such as one or more of the following:’’. 6361 et seq.) is amended by inserting after proaches that the best available research on (2) CONTINUING ELIGIBILITY; FEDERAL section 1202 (20 U.S.C. 6362) the following: reading indicates will be most effective in SHARE.—Section 1208(b) (20 U.S.C. 6368(b)) is ‘‘SEC. 1202A. STATE PLAN. building adult literacy and children’s lan- amended— ‘‘(a) CONTENTS.—Each State that desires to guage development and reading ability;’’; (A) by striking paragraph (3) and inserting receive a grant under this part shall submit (2) by amending paragraph (7) to read as the following: a plan to the Secretary containing such follows: ‘‘(3) CONTINUING ELIGIBILITY.—In awarding budgetary and other information as the Sec- ‘‘(7) use methods that ensure that partici- subgrant funds to continue a program under retary may require. Each plan shall— pating families successfully complete the this part after the first year, the State edu- ‘‘(1) include the State’s indicators of pro- program, including— cational agency shall review the progress of gram quality developed under section 1210, or ‘‘(A) operating a year-round program, in- each eligible entity in meeting the goals of if the State has not completed work on those cluding continuing to provide some instruc- the program referred to in section

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.003 pfrm09 PsN: S03PT1 S3350 CONGRESSIONAL RECORD — SENATE May 3, 2000 1207(c)(1)(A) and shall evaluate the program (B) by redesignating paragraphs (2) amount appropriated to carry out this part based on the indicators of program quality through (6) as paragraphs (3) through (7), re- for such year. developed by the State under section 1210.’’; spectively; and ‘‘(2) REPORT TO CONGRESS.—(A) Not later and (C) by inserting after paragraph (1) the fol- than April 30, 2002, the Secretary shall report (B) in paragraph (5)— lowing: to the Committee on Health, Education, (i) in subparagraph (A), by striking the last ‘‘(2) a description of joint planning efforts Labor, and Pensions of the Senate and the sentence; and that will be made with respect to programs Committee on Education and the Workforce (ii) by amending subparagraph (B) to read assisted under this Act, local, State, and of the House of Representatives the Sec- as follows: Federal programs, and bilingual education retary’s findings and recommendations re- ‘‘(B) The Federal share of any subgrant re- programs under part A of title VII;’’; and garding services under this part, and shall newed under subparagraph (A) shall be lim- (2) in subsection (c), by amending para- include in this report, recommendations for ited in accordance with section 1204(b).’’. graph (3) to read as follows: the interim measures that may be taken to (i) INDICATORS OF PROGRAM QUALITY.—Sec- ‘‘(3) in the planning and operation of pro- ensure continuity of services under this part. tion 1210 (20 U.S.C. 6369a) is amended— grams and projects at both the State and ‘‘(B) The Secretary shall assist States in (1) in the matter preceding paragraph (1), local agency operating level there is con- developing effective methods for the transfer by striking ‘‘Each’’ and inserting ‘‘Not later sultation with parent advisory councils for of student records and in determining the than January 31, 2001, each’’; and programs of one school year in duration, and number of students or full-time equivalent (2) by adding at the end the following: that all such programs and projects are car- students in each State if such interim meas- ‘‘(3) With respect to a program’s implemen- ried out— ures are required.’’. tation of high-quality, intensive family lit- ‘‘(A) in a manner consistent with section (2) in subsection (c), by striking eracy services, specific levels of intensity of 1118 unless extraordinary circumstances ‘‘$6,000,000’’ and inserting ‘‘$10,000,000’’; those services and the duration of individ- make implementation with such section im- (3) in subsection (d)(1), by striking uals’ participation that are necessary to re- practical; and ‘‘$1,500,000’’ and inserting ‘‘$3,000,000’’; and sult in the outcomes described in paragraphs ‘‘(B) in a format and language understand- (4) by adding at the end the following: (1) and (2), which levels the State periodi- able to the parents;’’. ‘‘(e) DATA COLLECTION.—The Secretary cally shall review and revise as needed to SEC. 133. COMPREHENSIVE PLAN. shall direct the National Center for Edu- achieve those outcomes.’’. Section 1306(a)(1) (20 U.S.C. 6396(a)(1)) is cation Statistics to collect data on migra- (j) RESEARCH.—Section 1211 (20 U.S.C. amended— tory children.’’. 6369b) is amended to read as follows: (1) in subparagraph (A)— PART D—PARENTAL ASSISTANCE ‘‘SEC. 1211. RESEARCH. (A) by striking ‘‘the Goals 2000: Educate SEC. 141. PARENTAL ASSISTANCE. ‘‘(a) IN GENERAL.—From amounts reserved America Act,’’; and under section 1202(b)(2), the Secretary, in Part D of title I (20 U.S.C. 6421 et seq.) is (B) by striking ‘‘14306’’ and inserting amended to read as follows: consultation with the National Institute for ‘‘6506’’; and Literacy and other appropriate organiza- (2) in subparagraph (B), by striking ‘‘PART D—PARENTAL ASSISTANCE AND tions, may carry out, directly or through ‘‘14302;’’ and inserting ‘‘6502, if— CHILD OPPORTUNITY grants or contracts, research on family lit- ‘‘(i) the special needs of migratory children ‘‘Subpart I—Parental Assistance’’. eracy services, including— are specifically addressed in the comprehen- ‘‘SEC. 1401. PARENTAL INFORMATION AND RE- ‘‘(1) scientifically based research on the de- sive State plan; SOURCE CENTERS. velopment of reading and literacy in young ‘‘(ii) the comprehensive State plan is de- ‘‘(a) PURPOSE.—The purpose of this part children; veloped in collaboration with parents of mi- is— ‘‘(2) the most effective ways of improving gratory children; and ‘‘(1) to provide leadership, technical assist- the literacy skills of adults with reading dif- ‘‘(iii) the comprehensive State planning is ance, and financial support to nonprofit or- ficulties; and not used to supplant State efforts regarding, ganizations and local educational agencies ‘‘(3) how family literacy services can best or administrative funding for, this part;’’. to help the organizations and agencies im- provide parents with the knowledge and SEC. 134. COORDINATION. plement successful and effective parental in- skills the parents need to support their chil- Section 1308 (20 U.S.C. 6398) is amended— volvement policies, programs, and activities dren’s literacy development. (1) by amending subsection (b) to read as that lead to improvements in student per- ‘‘(b) DISSEMINATION.—The Secretary shall follows: formance; ensure the dissemination, through the Na- ‘‘(b) ACCESS TO INFORMATION ON MIGRANT ‘‘(2) to strengthen partnerships among par- tional Institute for Literacy and other ap- STUDENTS.— ents (including parents of preschool age chil- propriate means, of the results of the re- ‘‘(1) NATIONAL SYSTEM.—(A) The Secretary dren), teachers, principals, administrators, search conducted under subsection (a).’’. shall establish a national system for elec- and other school personnel in meeting the PART C—EDUCATION OF MIGRATORY tronically exchanging, among the States, educational needs of children; CHILDREN health and educational information regard- ‘‘(3) to develop and strengthen the rela- SEC. 131. PROGRAM PURPOSE. ing all students served under this part. Such tionship between parents and the school; Section 1301 (20 U.S.C. 6391) is amended— information shall include— ‘‘(4) to further the developmental progress (1) by redesignating paragraphs (2) through ‘‘(i) immunization records and other health primarily of children assisted under this (5) as paragraphs (3) through (7), respec- information; part; and tively; ‘‘(ii) elementary and secondary academic ‘‘(5) to coordinate activities funded under (2) by inserting after paragraph (1) the fol- history (including partial credit), credit ac- this part with parental involvement initia- lowing: crual, and results from State assessments re- tives funded under section 1118 and other ‘‘(2) ensure that migratory children who quired under this title; provisions of this Act. move among the States are not penalized in ‘‘(iii) other academic information essential ‘‘(b) GRANTS AUTHORIZED.— any manner by disparities among the States to ensuring that migrant children achieve to ‘‘(1) IN GENERAL.—The Secretary is author- in curriculum, graduation requirements, and high standards; and ized to award grants in each fiscal year to State student performance and content ‘‘(iv) eligibility for services under the Indi- nonprofit organizations, and nonprofit orga- standards;’’; viduals with Disabilities Education Act. nizations in consortia with local educational (3) in paragraph (5) (as so redesignated), by ‘‘(B) The Secretary shall publish, not later agencies, to establish school-linked or striking ‘‘and’’ after the semicolon; than 120 days after the date of enactment of school-based parental information and re- (4) in paragraph (6) (as so redesignated), by the Educational Excellence for All Children source centers that provide training, infor- striking the period and inserting ‘‘; and’’; Act of 2000, a notice in the Federal Register mation, and support to— and seeking public comment on the proposed ‘‘(A) parents of children enrolled in ele- (5) by adding at the end the following: data elements that each State receiving mentary schools and secondary schools; ‘‘(7) ensure that migratory children receive funds under this part shall be required to ‘‘(B) individuals who work with the parents full and appropriate opportunities to meet collect for purposes of electronic transfer of described in subparagraph (A); and the same challenging State content and stu- migrant student information, the require- ‘‘(C) State educational agencies, local edu- dent performance standards that all children ments for immediate electronic access to cational agencies, schools, organizations are expected to meet.’’. such information, and the educational agen- that support family-school partnerships SEC. 132. STATE APPLICATION. cies eligible to access such information. (such as parent-teacher associations), and Section 1304 (20 U.S.C. 6394) is amended— ‘‘(C) Such system of electronic access to other organizations that carry out parent (1) in subsection (b)— migrant student information shall be oper- education and family involvement programs. (A) in paragraph (1), by striking ‘‘a com- ational not later than 1 year after the date ‘‘(2) AWARD RULE.—In awarding grants prehensive’’ and all that follows through of enactment of the Educational Excellence under this part, the Secretary shall ensure ‘‘1306;’’ and inserting ‘‘the full range of serv- for All Children Act of 2000. that such grants are distributed in all geo- ices that are available for migratory chil- ‘‘(D) For the purpose of carrying out this graphic regions of the United States. dren from appropriate local, State, and Fed- subsection in any fiscal year, the Secretary ‘‘SEC. 1402. APPLICATIONS. eral educational programs;’’; shall reserve not more than $10,000,000 of the ‘‘(a) GRANTS APPLICATIONS.—

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‘‘(1) IN GENERAL.—Each nonprofit organiza- ‘‘(A) to engage in activities that will im- their children to meet challenging State tion or nonprofit organization in consortium prove student performance, including under- standards. with a local educational agency that desires standing the accountability systems in place ‘‘(b) DEFINITION OF LOCAL NONPROFIT PAR- a grant under this part shall submit an ap- within their State educational agency and ENT ORGANIZATION.—In this section, the term plication to the Secretary at such time and local educational agency and understanding ‘local nonprofit parent organization’ means a in such manner as the Secretary shall re- their children’s educational performance in private nonprofit organization (other than quire. comparison to State and local standards; an institution of higher education) that— ‘‘(2) CONTENTS.—Each application sub- ‘‘(B) to provide followup support for their ‘‘(1) has a demonstrated record of working mitted under paragraph (1), at a minimum, children’s educational achievement; with low-income individuals and parents; shall include assurances that the organiza- ‘‘(C) to communicate effectively with ‘‘(2)(A) has a board of directors the major- tion or consortium will— teachers, principals, counselors, administra- ity of whom are parents of students in ‘‘(A)(i) be governed by a board of directors tors, and other school personnel; schools that are assisted under part A and lo- the membership of which includes parents; ‘‘(D) to become active participants in the cated in the geographic area to be served by or development, implementation, and review of the center; or ‘‘(ii) be an organization or consortium that school-parent compacts, parent involvement ‘‘(B) has a special governing committee to represents the interests of parents; policies, and school planning and improve- direct and implement the center, a majority ‘‘(B) establish a special advisory comment; of the members of whom are parents of stu- mittee the membership of which includes— ‘‘(E) to participate in the design and provi- dents in schools assisted under part A; and ‘‘(i) parents described in section sion of assistance to students who are not ‘‘(3) is located in a community with 1401(b)(1)(A); making adequate educational progress; schools that receive funds under part A, and ‘‘(ii) representatives of education profes- ‘‘(F) to participate in State and local deci- is accessible to the families of students in sionals with expertise in improving services sionmaking; and those schools. ‘‘(c) REQUIRED CENTER ACTIVITIES.—Each for disadvantaged children; and ‘‘(G) to train other parents; center assisted under this section shall be ‘‘(iii) representatives of local elementary ‘‘(2) to obtain information about the range exempt from the uses of funds requirements schools and secondary schools who may in- of options, programs, services, and resources clude students and representatives from under section 1403 and shall instead— available at the national, State, and local ‘‘(1) provide training, information, and sup- local youth organizations; levels to assist parents and school personnel ‘‘(C) use at least 1⁄2 of the funds provided port that meets the needs of parents of chil- who work with parents; dren in schools assisted under part A who are under this part in each fiscal year to serve ‘‘(3) to help the parents learn and use the areas with high concentrations of low-in- served through the grant, contract, or coop- technology applied in their children’s edu- erative agreement, particularly underserved come families in order to serve parents who cation; are severely educationally or economically parents, low-income parents, parents of stu- ‘‘(4) to plan, implement, and fund activities dents with limited English proficiency, par- disadvantaged; for parents that coordinate the education of ‘‘(D) operate a center of sufficient size, ents of students with disabilities, and par- their children with other Federal programs ents of students in schools identified for scope, and quality to ensure that the center that serve their children or their families; is adequate to serve the parents in the area; school improvement or corrective action and ‘‘(E) serve both urban and rural areas; under section 1116(c); ‘‘(5) to provide support for State or local ‘‘(F) design a center that meets the unique ‘‘(2) help families of students enrolled in a educational personnel if the participation of training, information, and support needs of school assisted under part A to understand such personnel will further the activities as- parents described in section 1401(b)(1)(A), and participate in all of the provisions of sisted under the grant. this Act designed to improve the achieve- particularly such parents who are education- ‘‘(b) PERMISSIVE ACTIVITIES.—Grant funds ment of students in the school; ally or economically disadvantaged; received under this part may be used to as- ‘‘(G) demonstrate the capacity and exper- sist schools with activities such as— ‘‘(3) provide information in a language and tise to conduct the effective training, infor- ‘‘(1) developing and implementing their form that parents understand, including tak- mation and support activities for which as- plans or activities under sections 1118 and ing steps to ensure that underserved parents, sistance is sought; 1119; and low-income parents, parents with limited ‘‘(H) network with— ‘‘(2) developing and implementing school English proficiency, parents of students with ‘‘(i) local educational agencies and schools; improvement plans, including addressing disabilities, or parents of students in schools ‘‘(ii) parents of children enrolled in ele- problems that develop in the implementa- identified for school improvement or correc- mentary schools and secondary schools; tion of sections 1118 and 1119. tive action, are effectively informed and as- ‘‘(iii) parent training and information cen- ‘‘(3) providing information about assess- sisted; ters assisted under section 682 of the Individ- ment and individual results to parents in a ‘‘(4) assist parents to— uals with Disabilities Education Act; manner and a language the family can un- ‘‘(A) understand what their child’s school ‘‘(iv) clearinghouses; and derstand; is doing to enable students at the school to ‘‘(v) other organizations and agencies; ‘‘(4) coordinating the efforts of Federal, meet the State and local standards, includ- ‘‘(I) focus on serving parents described in State, and local parent education and family ing understanding the curriculum and in- section 1401(b)(1)(A) who are parents of low- involvement initiatives; and structional methods the school is using to income, minority, and limited English pro- ‘‘(5) providing training, information, and help the students meet the standards; ficient, children; support to— ‘‘(B) better understand their child’s edu- ‘‘(J) use part of the funds received under ‘‘(A) State educational agencies; cational needs, where their child stands with this part to establish, expand, or operate ‘‘(B) local educational agencies and respect to State standards, how the school is Parents as Teachers programs or Home In- schools, especially those local educational addressing the child’s education needs, and struction for Preschool Youngsters pro- agencies and schools that are low per- how they can work with their child to in- grams; forming; and crease the child’s academic achievement; ‘‘(K) provide assistance to parents in such ‘‘(C) organizations that support family- ‘‘(C) participate in the decisionmaking areas as understanding State and local school partnerships. processes at the school, school district, and standards and measures of student and ‘‘(c) GRANDFATHER CLAUSE.—The Secretary State levels; school performance; and shall use funds made available under this ‘‘(D) understand and benefit from the pro- ‘‘(L) work with State and local educational part to continue to make grant or contract visions of other Federal education programs; agencies to determine parental needs and de- payments to each entity that was awarded a and livery of services. multiyear grant or contract under title IV of ‘‘(E) understand public school choice op- ‘‘(b) GRANT RENEWAL.—For each fiscal year the Goals 2000: Educate America Act (as such tions available in the local community, in- after the first fiscal year an organization or title was in effect on the day before the date cluding magnet schools, charter schools, and consortium receives assistance under this of enactment of the Educational Excellence alternative schools; part, the organization or consortium shall for All Children Act of 2000) for the duration ‘‘(5) be designed to meet the specific needs demonstrate in the application submitted for of the grant or contract award. of families who experience significant isola- such fiscal year after the first fiscal year ‘‘SEC. 1403A. LOCAL FAMILY INFORMATION CEN- tion from available sources of information that a portion of the services provided by the TERS. and support; and organization or consortium is supported ‘‘(a) CENTERS AUTHORIZED.—The Secretary ‘‘(6) report annually to the Secretary re- through non-Federal contributions, which shall award grants to, and enter into con- garding measures, determined by the Sec- contributions may be in cash or in kind. tracts and cooperative agreements with, retary, that indicate the program’s effective- ‘‘SEC. 1403. USES OF FUNDS. local nonprofit parent organizations to en- ness in reaching underserved parents and de- ‘‘(a) IN GENERAL.—Grant funds received able the organizations to support local fam- veloping meaningful parent involvement in under this part shall be used— ily information centers that help ensure that schools assisted under part A. ‘‘(1) to assist parents in participating effec- parents of students in schools assisted under ‘‘(c) APPLICATION REQUIREMENTS.—Each tively in their children’s education and to part A have the training, information, and local nonprofit parent organization desiring help their children meet State and local support the parents need to enable the par- assistance under this section shall submit to standards, such as assisting parents— ents to participate effectively in helping the Secretary an application (in place of the

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.003 pfrm09 PsN: S03PT1 S3352 CONGRESSIONAL RECORD — SENATE May 3, 2000 application required under section 1402) at munication, student achievement, student ‘‘(B) that may contain— such time, in such manner, and accompanied and school performance, and parental in- ‘‘(i) an institution of higher education; and by such information as the Secretary may volvement in school planning, review, and ‘‘(ii) other public or private nonprofit enti- require. Each such application shall— improvement; and ties with experience in providing services to ‘‘(1) describe how the organization will use ‘‘(5) the effectiveness of the activities that disadvantaged families. the assistance to help families under this local educational agencies and schools are ‘‘SEC. 1454. GRANTS AUTHORIZED. section; carrying out with regard to parental involve- ‘‘(a) IN GENERAL.—The Secretary may ‘‘(2) describe what steps the organization ment and other activities assisted under this award, on a competitive basis, grants to eli- has taken to meet with school district or Act that lead to improved student achieve- gible partnerships to pay for the Federal school personnel in the geographic area to be ment and improved student and school per- share of the cost of establishing and expand- served by the center in order to inform the formance. ing child opportunity zone family centers. personnel of the plan and application for the ‘‘(b) DISSEMINATION.—The Secretary annu- ‘‘(b) DURATION.—The Secretary shall award assistance; and ally shall disseminate, widely to the public grants under this section for periods of 5 ‘‘(3) identify with specificity the special ef- and to Congress, the information that each years. forts that the organization will take— organization or consortium submits under ‘‘SEC. 1455. REQUIRED ACTIVITIES. ‘‘(A) to ensure that the needs for training, subsection (a) to the Secretary. ‘‘Each eligible partnership receiving a information, and support for parents of stu- ‘‘SEC. 1406. GENERAL PROVISIONS. grant under this subpart shall use the grant dents in schools assisted under part A, par- ‘‘Notwithstanding any other provision of funds— ticularly underserved parents, low-income this part— ‘‘(1) in accordance with the needs assessment described in section 1456(b)(1), to pro- parents, parents with limited English pro- ‘‘(1) no person, including a parent who edu- vide or link children and their families with ficiency, parents of students with disabil- cates a child at home, a public school parent, information, support, activities, or services ities, and parents of students in schools iden- or a private school parent, shall be required in core areas such as education, child care, tified for school improvement or corrective to participate in any program of parent edu- before- and after-school care and enrichment action, are effectively met; and cation or developmental screening pursuant programs, health services, mental health ‘‘(B) to work with community-based orga- to the provisions of this part; and services, family support, literacy services, nizations. ‘‘(2) no program or center assisted under parenting skills, and drop-out prevention; ‘‘(d) DISTRIBUTION OF FUNDS.— this part shall take any action that infringes ‘‘(1) ALLOCATION OF FUNDS.—The Secretary ‘‘(2) to provide intensive, high-quality, rein any manner on the right of a parent to di- search-based programs that— shall make at least 2 awards of assistance rect the education of their children.’’. under this section to a local nonprofit parent ‘‘(A) provide violence prevention education SEC. 142. CHILD OPPORTUNITY ZONE FAMILY for families and developmentally appropriate organization in each State, unless the Sec- CENTERS. retary does not receive at least 2 applica- instructional services to children (including Part D of title I (20 U.S.C. 6421 et seq.) is children below the age of compulsory school tions from such organizations in a State of amended by adding at the end the following: sufficient quality to warrant providing the attendance); and assistance in the State. ‘‘Subpart II—Child Opportunity Zone Family ‘‘(B) provide effective strategies for nur- Centers turing and supporting the emotional, social, ‘‘(2) SELECTION REQUIREMENT FOR LOCAL and cognitive growth of children; and FAMILY INFORMATION CENTERS.— ‘‘SEC. 1451. SHORT TITLE. ‘‘(3) to provide training, information, and ‘‘(A) IN GENERAL.—The Secretary shall se- ‘‘This subpart may be cited as the ‘Child support to families to enable the families to lect local nonprofit parent organizations in a Opportunity Zone Family Center Act of participate effectively in their children’s State to receive assistance under this sec- 2000’. education, and to help their children meet tion in a manner that ensures the provision ‘‘SEC. 1452. PURPOSE. challenging standards. of the most effective assistance to low-in- ‘‘The purpose of this subpart is to encour- ‘‘SEC. 1456. APPLICATIONS. come parents of students in schools assisted age eligible partnerships to establish or ex- ‘‘(a) IN GENERAL.—Each eligible partner- under part A. pand child opportunity zone family centers ship desiring a grant under this subpart shall ‘‘(B) PRIORITY.—The Secretary shall give in public elementary schools and secondary submit an application to the Secretary at priority to— schools in order to provide comprehensive such time, in such manner, and containing ‘‘(i) non-profit parent organizations that support services for children and their fami- such information as the Secretary may re- are located in rural and urban areas in the lies, and to improve the children’s edu- quire. State where the percentage of students from cational, health, mental health, and social ‘‘(b) CONTENTS.—Each application sub- families at or below the poverty line is outcomes. mitted pursuant to subsection (a) shall— greater than the median, as determined by ‘‘SEC. 1453. DEFINITIONS. ‘‘(1) include a needs assessment, including the State; and ‘‘In this subpart: a description of how the partnership will en- ‘‘(ii) areas with high school dropout rates, ‘‘(1) CHILD OPPORTUNITY ZONE FAMILY CEN- sure that the activities to be assisted under high percentages of limited English pro- TER.—The term ‘child opportunity zone fam- this subpart will be tailored to meet the spe- ficient students, or schools identified for ily center’ means a school-based or school- cific needs of the children and families to be school improvement or corrective action linked community service center that pro- served; under section 1116(c). vides and links children and their families ‘‘(2) describe arrangements that have been ‘‘SEC. 1404. TECHNICAL ASSISTANCE. with comprehensive information, support, formalized between the participating public ‘‘The Secretary shall provide technical as- services, and activities to improve the edu- elementary school or secondary school, and sistance, by grant or contract, for the estab- cation, health, mental health, safety, and other partnership members; lishment, development, and coordination of economic well-being of the children and ‘‘(3) describe how the partnership will ef- parent training, information, and support their families. fectively coordinate with the centers under programs and parental information and re- ‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eli- subpart I and utilize Federal, State, and source centers. gible partnership’ means a partnership— local sources of funding that provide assist- ‘‘SEC. 1405. REPORTS. ‘‘(A) that contains— ance to families and their children; ‘‘(a) INFORMATION.—Each organization or ‘‘(i) at least 1 public elementary school or ‘‘(4) describe the partnership’s plan to— consortium receiving assistance under this secondary school that— ‘‘(A) develop and carry out the activities part shall submit to the Secretary, on an an- ‘‘(I) receives assistance under this title and assisted under this subpart with extensive nual basis, information concerning the pa- for which a measure of poverty determina- participation of parents, administrators, rental information and resource centers as- tion is made under section 1113(a)(5) with re- teachers, pupil services personnel, social and sisted under this part, including— spect to a minimum of 40 percent of the chil- human service agencies, and community or- ‘‘(1) the number of parents (including the dren in the school; and ganizations and leaders; and number of minority and limited English pro- ‘‘(II) demonstrates parent involvement and ‘‘(B) coordinate the activities assisted ficient parents) who receive information and parent support for the partnership’s activi- under this subpart with the education reform training; ties; efforts of the participating public elemen- ‘‘(2) the types and modes of training, infor- ‘‘(ii) a local educational agency; tary school or secondary school, and the par- mation, and support provided under this ‘‘(iii) a public agency, other than a local ticipating local educational agency; part; educational agency, such as a local or State ‘‘(5) describe how the partnership will en- ‘‘(3) the strategies used to reach and serve department of health, mental health, or so- sure that underserved populations such as parents of minority and limited English pro- cial services; and families of students with limited English ficient children, parents with limited lit- ‘‘(iv) a nonprofit community-based organi- proficiency, or families of students with dis- eracy skills, and other parents in need of the zation, providing health, mental health, or abilities, are effectively involved, informed, services provided under this part; social services; and assisted; ‘‘(4) the parental involvement policies and ‘‘(v) a local child care resource and referral ‘‘(6) describe how the partnership will col- practices used by the center and an evalua- agency; and lect and analyze data, and will utilize spe- tion of whether such policies and practices ‘‘(vi) a local organization representing par- cific performance measures and indicators are effective in improving home-school com- ents; and to—

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‘‘(A) determine the impact of activities as- search-based programs that emphasize basic ‘‘(b) SUBGRANT REQUIREMENTS.—A subgrant sisted under this subpart as described in sec- academics and parental involvement so that to a local educational agency or consortium tion 1459(a); and all children can meet challenging State con- shall be— ‘‘(B) improve the activities assisted under tent and student performance standards. ‘‘(1) of sufficient size and scope to support this subpart; and ‘‘SEC. 1602. PROGRAM AUTHORIZATION. the initial costs for the particular com- ‘‘(7) describe how the partnership will pro- ‘‘(a) PROGRAM AUTHORIZED.— prehensive school reform plan selected or de- tect the privacy of families and their chil- ‘‘(1) IN GENERAL.—The Secretary is author- signed by each school identified in the appli- dren participating in the activities assisted ized to award grants to State educational cation of the local educational agency or under this subpart. agencies, from allotments under paragraph consortium; ‘‘SEC. 1457. FEDERAL SHARE. (2), to enable the State educational agencies ‘‘(2) in an amount not less than $50,000 for ‘‘The Federal share of the cost of estab- to award subgrants to local educational each participating school; and lishing and expanding child opportunity zone agencies to carry out the purpose described ‘‘(3) renewable for 2 additional 1-year peri- family centers— in section 1601. ods after the initial 1-year grant is made if ‘‘(1) for the first year for which an eligible ‘‘(2) ALLOTMENTS.— the school is making substantial progress in partnership receives assistance under this ‘‘(A) RESERVATIONS.—Of the amount appro- the implementation of reforms. subpart shall not exceed 90 percent; priated under section 1002(h) for a fiscal ‘‘(c) PRIORITY.—A State educational agen- ‘‘(2) for the second such year, shall not ex- year, the Secretary may reserve— cy, in awarding subgrants under this part, ceed 80 percent; ‘‘(i) not more than 1 percent to provide as- shall give priority to local educational agen- ‘‘(3) for the third such year, shall not ex- sistance to schools supported by the Bureau cies or consortia that— ceed 70 percent; of Indian Affairs and in the United States ‘‘(1) plan to use the funds in schools identi- ‘‘(4) for the fourth such year, shall not ex- Virgin Islands, Guam, American Samoa, and fied as being in need of improvement or cor- ceed 60 percent; and the Commonwealth of the Northern Mariana rective action under section 1116(c); and ‘‘(5) for the fifth such year, shall not ex- Islands according to their respective needs ‘‘(2) demonstrate a commitment to assist ceed 50 percent. for assistance under this part; and schools with budget allocation, professional ‘‘(ii) not more than 1 percent to conduct development, and other strategies necessary ‘‘SEC. 1458. CONTINUATION OF FUNDING. national evaluation activities described in ‘‘Each eligible partnership that receives a to ensure the comprehensive school reforms section 1607. are properly implemented and are sustained grant under this subpart shall, after the ‘‘(B) IN GENERAL.—Of the amount appro- third year for which the partnership receives in the future. priated under section 1002(h) that remains ‘‘(d) GRANT CONSIDERATION.—In awarding funds through the grant, be eligible to con- after making the reservation under subpara- tinue to receive the funds if the Secretary subgrants under this part, the State edu- graph (A) for a fiscal year, the Secretary cational agency shall take into consider- determines that the partnership has made shall allot to each State for the fiscal year significant progress in meeting the perform- ation the equitable distribution of subgrants an amount that bears the same ratio to the to different geographic regions within the ance measures used for the partnership’s remainder for that fiscal year as the amount local evaluation under section 1456(b)(6). State, including urban and rural areas, and made available under section 1124 to the to schools serving elementary school and ‘‘SEC. 1459. EVALUATIONS AND REPORTS. State for the preceding fiscal year bears to secondary students. ‘‘(a) LOCAL EVALUATIONS.—Each partner- the total amount made available under sec- ‘‘(e) ADMINISTRATIVE COSTS.—A State edu- ship receiving funds under this subpart shall tion 1124 to all States for that year. cational agency that receives a grant under conduct annual evaluations and submit to ‘‘(C) REALLOTMENT.—If a State does not this part may reserve not more than 5 per- the Secretary reports containing the results apply for funds under this section, the Sec- cent of the grant funds for administrative, of the evaluations. The reports shall include retary shall reallot such funds to other evaluation, and technical assistance ex- the results of the partnerships performance States that do not apply in proportion to the penses. assessment described in section 1456(b)(6). amount allotted to such other States under ‘‘(f) SUPPLEMENT.—Funds made available ‘‘(b) NATIONAL EVALUATIONS.—The Sec- subparagraph (B). under this part shall be used to supplement, retary shall reserve not more than 3 percent ‘‘SEC. 1603. STATE APPLICATIONS. and not supplant, any other Federal, State, of the amount appropriated under this sub- ‘‘(a) IN GENERAL.—Each State educational or local funds that would otherwise be avail- part to carry out a national evaluation of agency that desires to receive a grant under able to carry out the activities assisted the effectiveness of the activities assisted this section shall submit an application to under this part. under this subpart. Such evaluation shall be the Secretary at such time, in such manner, ‘‘(g) REPORTING.—Each State educational completed not later than 3 years after the and containing such information as the Sec- agency that receives a grant under this part date of enactment of the Child Opportunity retary may reasonably require. shall provide to the Secretary such informa- Zone Family Center Act of 2000, and every ‘‘(b) CONTENTS.—Each such application tion as the Secretary may require, including year thereafter and shall be submitted to shall describe— the names of local educational agencies and Congress. ‘‘(1) the process and selection criteria by schools receiving assistance under this part, ‘‘(c) EXEMPLARY ACTIVITIES.—The Sec- which the State educational agency, using the amount of the assistance, and a descrip- retary shall broadly disseminate information expert review, will select local educational tion of the comprehensive school reform on exemplary activities developed under this agencies to receive subgrants under this sec- model selected and used. subpart. tion; ‘‘SEC. 1605. LOCAL APPLICATIONS. ‘‘SEC. 1460. AUTHORIZATION OF APPROPRIA- ‘‘(2) how the State educational agency will TIONS. ensure that only comprehensive school re- ‘‘(a) IN GENERAL.—Each local educational ‘‘There are authorized to be appropriated forms that are based on promising and effec- agency or consortium of local educational to carry out this subpart $50,000,000 for fiscal tive practices and research-based programs agencies desiring a subgrant under this sec- year 2000, and such sums as may be necessary receive funds under this part; tion shall submit an application to the State for each of the fiscal years 2001 through ‘‘(3) how the State educational agency will educational agency at such time, in such 2004.’’. disseminate information on comprehensive manner, and containing such information as the State educational agency may reason- PART E—GENERAL PROVISIONS; COM- school reforms that are based on promising ably require. PREHENSIVE SCHOOL REFORM; ASSIST- and effective practices and research-based ‘‘(b) CONTENTS.—Each such application ANCE TO ADDRESS SCHOOL DROPOUT programs; shall— PROBLEMS ‘‘(4) how the State educational agency will evaluate the implementation of such reforms ‘‘(1) identify the schools, that are eligible SEC. 151. GENERAL PROVISIONS; COMPREHEN- and measure the extent to which the reforms for assistance under part A, that plan to im- SIVE SCHOOL REFORM; ASSISTANCE plement a comprehensive school reform pro- TO ADDRESS SCHOOL DROPOUT have resulted in increased student academic PROBLEMS. performance; and gram, including the projected costs of such a program; Part A of title I (20 U.S.C. 6311) is ‘‘(5) how the State educational agency will ‘‘(2) describe the promising and effective amended— make available technical assistance to a practices and research-based programs that (1) by redesignating part F as part H; local educational agency or consortia of such schools will implement; (2) by redesignating sections 1601 through local educational agencies in evaluating, de- ‘‘(3) describe how the local educational 1604 as sections 1901 through 1904, respec- veloping, and implementing comprehensive agency or consortium will provide technical tively; and school reform. assistance and support for the effective im- (3) by inserting after part E the following: ‘‘SEC. 1604. STATE USE OF FUNDS. ‘‘(a) IN GENERAL.—Except as provided in plementation of the promising and effective ‘‘PART F—COMPREHENSIVE SCHOOL subsection (e), a State educational agency practices and research-based school reforms REFORM that receives a grant under this part shall selected by such schools; and ‘‘SEC. 1601. PURPOSE. use the grant funds to award subgrants, on a ‘‘(4) describe how the local educational ‘‘The purpose of this part is to provide fi- competitive basis, to local educational agen- agency or consortium will evaluate the im- nancial incentives for schools to develop cies or consortia of local educational agen- plementation of such reforms and measure comprehensive school reforms based upon cies in the State that receive funds under the results achieved in improving student promising and effective practices and re- part A. academic performance.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.004 pfrm09 PsN: S03PT1 S3354 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘SEC. 1606. LOCAL USE OF FUNDS. to raise academic achievement levels by pro- same relation to the sum as the amount the ‘‘(a) USES OF FUNDS.—A local educational viding grants, to schools through State edu- State received under this title for the pre- agency or consortium that receives a cational agencies, that— ceding fiscal year bears to the amount re- subgrant under this section shall provide the ‘‘(1) challenge all children to attain their ceived by all States under this title for the subgrant funds to schools, that are eligible highest academic potential; and preceding fiscal year. for assistance under part A and served by the ‘‘(2) ensure that all students have substan- ‘‘(2) DEFINITION OF STATE.—In this subpart, agency, to enable the schools to implement a tial and ongoing opportunities to do so the term ‘State’ means each of the several comprehensive school reform program for— through schoolwide programs proven effec- States of the United States, the District of ‘‘(1) employing innovative strategies for tive in school dropout prevention. Columbia, the Commonwealth of Puerto student learning, teaching, and school man- ‘‘Subpart 1—Coordinated National Strategy Rico, the United States Virgin Islands, agement that are based on promising and ef- Guam, American Samoa, the Commonwealth fective practices and research-based pro- ‘‘SEC. 1711. NATIONAL ACTIVITIES. of the Northern Mariana Islands, the Repub- grams and have been replicated successfully ‘‘(a) IN GENERAL.—The Secretary is lic of the Marshall Islands, the Federated in schools with diverse characteristics; authorized— States of Micronesia, and the Republic of ‘‘(2) integrating a comprehensive design for ‘‘(1) to collect systematic data on the par- Palau. ticipation in the programs described in para- effective school functioning, including in- ‘‘(b) GRANTS.—From amounts made avail- struction, assessment, classroom manage- graph (2)(C) of individuals disaggregated able to a State under subsection (a), the ment, professional development, parental in- within each State, local educational agency, State educational agency may award grants volvement, and school management, that and school by gender, by each major racial to public middle schools or secondary aligns the school’s curriculum, technology, and ethnic group, by English proficiency sta- schools, that have school dropout rates tus, by migrant status, by students with dis- and professional development into a com- which are in the highest 1⁄3 of all school drop- prehensive reform plan for schoolwide abilities as compared to nondisabled stu- out rates in the State, to enable the schools change designed to enable all students to dents, and by economically disadvantaged to pay only the startup and implementation meet challenging State content and student students as compared to students who are costs of effective, sustainable, coordinated, performance standards and addresses needs not economically disadvantaged; and whole school dropout prevention pro- identified through a school needs assess- ‘‘(2) to establish and to consult with an grams that involve activities such as— ment; interagency working group which shall— ‘‘(1) professional development; ‘‘(3) providing high quality and continuous ‘‘(A) address inter- and intra-agency pro- ‘‘(2) obtaining curricular materials; teacher and staff professional development; gram coordination issues at the Federal ‘‘(3) release time for professional staff; ‘‘(4) the inclusion of measurable goals for level with respect to school dropout preven- ‘‘(4) planning and research; student performance; tion and middle school and secondary school ‘‘(5) remedial education; ‘‘(5) support for teachers, principals, ad- reentry, assess the targeting of existing Fed- ‘‘(6) reduction in pupil-to-teacher ratios; ministrators, and other school personnel eral services to students who are most at ‘‘(7) efforts to meet State student achieve- staff; risk of dropping out of school, and the cost- ment standards; ‘‘(6) meaningful community and parental effectiveness of various programs and ap- ‘‘(8) counseling and mentoring for at-risk involvement initiatives that will strengthen proaches used to address school dropout pre- students; and school improvement activities; vention; ‘‘(9) comprehensive school reform models. ‘‘(B) describe the ways in which State and ‘‘(7) using high quality external technical ‘‘(c) AMOUNT.— local agencies can implement effective support and assistance from an entity that ‘‘(1) IN GENERAL.—Subject to subsection (d) has experience and expertise in schoolwide school dropout prevention programs using and except as provided in paragraph (2), a reform and improvement, which may include funds from a variety of Federal programs, in- grant under this subpart shall be awarded— an institution of higher education; cluding the programs under this title and the ‘‘(A) in the first year that a school receives ‘‘(8) evaluating school reform implementa- School-to-Work Opportunities Act of 1994; a grant payment under this subpart, in an tion and student performance; and and amount that is not less than $50,000 and not ‘‘(9) identification of other resources, in- ‘‘(C) address all Federal programs with more than $100,000, based on factors such as— cluding Federal, State, local, and private re- school dropout prevention or school reentry ‘‘(i) school size; sources, that shall be used to coordinate elements or objectives, programs under title ‘‘(ii) costs of the model or set of prevention services that will support and sustain the I of this Act, the School-to-Work Opportuni- and reentry strategies being implemented; school reform effort. ties Act of 1994, part B of title IV of the Job and ‘‘(b) SPECIAL RULE.—A school that receives Training Partnership Act, subtitle C of title ‘‘(iii) local cost factors such as poverty funds to develop a comprehensive school re- I of the Workforce Investment Act of 1998, rates; form program shall not be limited to using and other programs; and ‘‘(B) in the second such year, in an amount the approaches identified or developed by the ‘‘(3) carry out a national recognition pro- that is not less than 75 percent of the Secretary, but may develop the school’s own gram in accordance with subsection (b) that amount the school received under this sub- comprehensive school reform programs for recognizes schools that have made extraor- part in the first such year; schoolwide change as described in subsection dinary progress in lowering school dropout ‘‘(C) in the third year, in an amount that is (a). rates under which a public middle school or not less than 50 percent of the amount the secondary school from each State will be ‘‘SEC. 1607. NATIONAL EVALUATION AND RE- school received under this subpart in the PORTS. recognized. first such year; and ‘‘(a) IN GENERAL.—The Secretary shall de- ‘‘(b) RECOGNITION PROGRAM.— ‘‘(D) in each succeeding year in an amount velop a plan for a national evaluation of the ‘‘(1) NATIONAL GUIDELINES.—The Secretary that is not less than 30 percent of the programs assisted under this part. shall develop uniform national guidelines for amount the school received under this sub- ‘‘(b) EVALUATION.—The national evaluation the recognition program which shall be used part in the first such year. to recognize schools from nominations sub- shall— ‘‘(2) INCREASES.—The Secretary shall in- ‘‘(1) evaluate the implementation and re- mitted by State educational agencies. crease the amount awarded to a school under sults achieved by schools after 3 years of im- ‘‘(2) ELIGIBLE SCHOOLS.—The Secretary this subpart by 10 percent if the school cre- plementing comprehensive school reforms; may recognize under the recognition pro- ates smaller learning communities within and gram any public middle school or secondary the school and the creation is certified by ‘‘(2) assess the effectiveness of comprehen- school (including a charter school) that has the State educational agency. implemented comprehensive reforms regard- sive school reforms in schools with diverse ‘‘(d) DURATION.—A grant under this subpart ing the lowering of school dropout rates for characteristics. shall be awarded for a period of 3 years, and all students at that school. ‘‘(c) REPORTS.—Prior to the completion of may be continued for a period of 2 additional ‘‘(3) SUPPORT.—The Secretary may make the national evaluation, the Secretary shall years if the State educational agency deter- monetary awards to schools recognized submit an interim report describing imple- mines, based on the annual reports described under the recognition program in amounts mentation activities for the Comprehensive in section 1727(a), that significant progress determined by the Secretary. Amounts re- School Reform Program, which began in has been made in lowering the school drop- ceived under this section shall be used for 1998, to the Committee on Education and the out rate for students participating in the dissemination activities within the school Workforce, and the Committee on Appropria- program assisted under this subpart com- district or nationally. tions of the House of Representatives, and pared to students at similar schools who are the Committee on Health, Education, Labor, ‘‘Subpart 2—National School Dropout not participating in the program. and Pensions, and the Committee on Appro- Prevention Initiative ‘‘SEC. 1722. STRATEGIES AND CAPACITY BUILD- priations of the Senate. ‘‘SEC. 1721. PROGRAM AUTHORIZED. ING. ‘‘PART G—ASSISTANCE TO ADDRESS ‘‘(a) ALLOTMENTS TO STATES.— ‘‘(a) STRATEGIES.—Each school receiving a SCHOOL DROPOUT PROBLEMS ‘‘(1) IN GENERAL.—From the sum made grant under this subpart shall implement re- ‘‘SEC. 1701. PURPOSE. available under section 1732(b) for a fiscal search-based, sustainable, and widely rep- ‘‘The purpose of this part is to provide for year the Secretary shall make an allotment licated, strategies for school dropout preven- school dropout prevention and reentry and to each State in an amount that bears the tion and reentry that address the needs of an

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.004 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3355 entire school population rather than a subset apply for assistance under this subpart, and rates after receiving assistance under this of students. The strategies may include— provide evidence of the school’s willingness subpart for 2 fiscal years. ‘‘(1) specific strategies for targeted pur- and ability to use the funds under this sub- ‘‘SEC. 1726. SCHOOL DROPOUT RATE CALCULA- poses, such as effective early intervention part, including providing an assurance of the TION. programs designed to identify at-risk stu- support of 80 percent or more of the profes- ‘‘For purposes of calculating a school drop- dents, effective programs encompassing tra- sional staff at the school; out rate under this subpart, a school shall ditionally underserved students, including ‘‘(C) describe the instructional strategies use— racial and ethnic minorities and pregnant to be implemented, how the strategies will ‘‘(1) the annual event school dropout rate and parenting teenagers, designed to prevent serve all students, and the effectiveness of for students leaving a school in a single year such students from dropping out of school, the strategies; determined in accordance with the National and effective programs to identify and en- ‘‘(D) describe a budget and timeline for im- Center for Education Statistics’ Common courage youth who have already dropped out plementing the strategies; Core of Data, if available; or of school to reenter school and complete ‘‘(E) contain evidence of coordination with ‘‘(2) in other cases, a standard method for their secondary education; and existing resources; calculating the school dropout rate as deter- ‘‘(2) approaches such as breaking larger ‘‘(F) provide an assurance that funds pro- mined by the State educational agency. schools down into smaller learning commu- vided under this subpart will supplement and ‘‘SEC. 1727. REPORTING AND ACCOUNTABILITY. nities and other comprehensive reform ap- not supplant other Federal, State, and local ‘‘(a) REPORTING.—In order to receive fund- proaches, creating alternative school pro- funds; ing under this subpart for a fiscal year after grams, developing clear linkages to career ‘‘(G) describe how the activities to be as- the first fiscal year a school receives funding skills and employment, and addressing spe- sisted conform with research-based knowl- under this subpart, the school shall provide, cific gatekeeper hurdles that often limit stu- edge about school dropout prevention and re- on an annual basis, to the Secretary a report dent retention and academic success. entry; and regarding the status of the implementation ‘‘(b) CAPACITY BUILDING.— ‘‘(H) demonstrate that the school and local of activities funded under this subpart, the ‘‘(1) IN GENERAL.—The Secretary, through a educational agency have agreed to conduct a outcome data for students at schools as- contract with a non-Federal entity, shall schoolwide program under section 1114. sisted under this subpart disaggregated in conduct a capacity building and design ini- ‘‘(b) STATE AGENCY REVIEW AND AWARD.— the same manner as information under sec- tiative in order to increase the types of prov- The State educational agency shall review tion 1711(a) (such as dropout rates), and cer- en strategies for dropout prevention and re- applications and award grants to schools tification of progress from the eligible entity entry that address the needs of an entire under subsection (a) according to a review by whose strategies the school is implementing. school population rather than a subset of a panel of experts on school dropout preven- ‘‘(b) ACCOUNTABILITY.—On the basis of the students. tion. reports submitted under subsection (a), the ‘‘(2) NUMBER AND DURATION.— ‘‘(c) ELIGIBILITY.—A school is eligible to re- Secretary shall evaluate the effect of the ac- ‘‘(A) NUMBER.—The Secretary shall award ceive a grant under this subpart if the school tivities assisted under this subpart on school not more than 5 contracts under this sub- is— dropout prevention compared to a control section. ‘‘(1) a public school (including a public al- group. ‘‘(B) DURATION.—The Secretary shall award ternative school)— ‘‘SEC. 1728. STATE RESPONSIBILITIES. a contract under this section for a period of ‘‘(A) that is eligible to receive assistance ‘‘(a) UNIFORM DATA COLLECTION.—Within 1 not more than 5 years. under part A, including a comprehensive sec- year after the date of enactment of the Edu- ‘‘(c) SUPPORT FOR EXISTING REFORM NET- ondary school, a vocational or technical sec- cational Excellence for All Children Act of WORKS.— ondary school, and a charter school; and 2000, a State educational agency that re- ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(B)(i) that serves students 50 percent or ceives funds under this part shall report to vide appropriate support to eligible entities more of whom are low-income individuals; or the Secretary and statewide, all school dis- to enable the eligible entities to provide ‘‘(ii) with respect to which the feeder trict and school data regarding school drop- training, materials, development, and staff schools that provide the majority of the in- out rates in the State disaggregated in the assistance to schools assisted under this sub- coming students to the school serve students same manner as information under section part. 50 percent or more of whom are low-income 1711(a), according to procedures that conform ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—The individuals; or with the National Center for Education Sta- term ‘eligible entity’ means an entity that, ‘‘(2) participating in a schoolwide program tistics’ Common Core of Data. prior to the date of enactment of the Edu- under section 1114 during the grant period. ‘‘(b) ATTENDANCE-NEUTRAL FUNDING POLI- cational Excellence for All Children Act of ‘‘(d) COMMUNITY-BASED ORGANIZATIONS.—A CIES.—Within 2 years after the date of enact- 2000— school that receives a grant under this sub- ment of the Educational Excellence for All ‘‘(A) provided training, technical assist- part may use the grant funds to secure nec- Children Act of 2000, a State educational ance, and materials to 100 or more elemen- essary services from a community-based or- agency that receives funds under this part tary schools or secondary schools; and ganization, including private sector entities, shall develop and implement education fund- ‘‘(B) developed and published a specific if— ing formula policies for public schools that educational program or design for use by the ‘‘(1) the school approves the use; provide appropriate incentives to retain stu- schools. ‘‘(2) the funds are used to provide school dents in school throughout the school year, ‘‘SEC. 1723. SELECTION OF SCHOOLS. dropout prevention and reentry activities re- such as— ‘‘(a) SCHOOL APPLICATION.— lated to schoolwide efforts; and ‘‘(1) a student count methodology that ‘‘(1) IN GENERAL.—Each school desiring a ‘‘(3) the community-based organization has does not determine annual budgets based on grant under this subpart shall submit an ap- demonstrated the organization’s ability to attendance on a single day early in the aca- plication to the State educational agency at provide effective services as described in sec- demic year; and such time, in such manner, and accompanied tion 107(a) of the Job Training Partnership ‘‘(2) specific incentives for retaining en- by such information as the State educational Act, or section 122 of the Workforce Invest- rolled students throughout each year. agency may require. ment Act of 1998. ‘‘(c) SUSPENSION AND EXPULSION POLICIES.— ‘‘(e) COORDINATION.—Each school that re- ‘‘(2) CONTENTS.—Each application sub- Within 2 years after the date of enactment of mitted under paragraph (1) shall— ceives a grant under this subpart shall co- the Educational Excellence for All Children ‘‘(A) contain a certification from the local ordinate the activities assisted under this Act of 2000, a State educational agency that educational agency serving the school that— subpart with other Federal programs, such receives funds under this part shall develop ‘‘(i) the school has the highest number or as programs assisted under chapter 1 of sub- uniform, long-term suspension and expulsion rates of school dropouts in the age group part 2 of part A of title IV of the Higher Edu- policies (that in the case of a child with a served by the local educational agency; cation Act of 1965 and the School-to-Work disability are consistent with the suspension ‘‘(ii) the local educational agency is com- Opportunities Act of 1994. and expulsion policies under the Individuals mitted to providing ongoing operational sup- ‘‘SEC. 1724. DISSEMINATION ACTIVITIES. with Disabilities Education Act) for serious port, for the school’s comprehensive reform ‘‘Each school that receives a grant under infractions resulting in more than 10 days of plan to address the problem of school drop- this subpart shall provide information and exclusion from school per academic year so outs, for a period of 5 years; and technical assistance to other schools within that similar violations result in similar pen- ‘‘(iii) the local educational agency will the school district, including presentations, alties. support the plan, including— document-sharing, and joint staff develop- ‘‘(d) REGULATIONS.—The Secretary shall ‘‘(I) release time for teacher training; ment. promulgate regulations implementing sub- ‘‘(II) efforts to coordinate activities for ‘‘SEC. 1725. PROGRESS INCENTIVES. sections (a) through (c). feeder schools; and ‘‘Notwithstanding any other provision of ‘‘Subpart 3—Definitions; Authorization of ‘‘(III) encouraging other schools served by law, each local educational agency that re- Appropriations the local educational agency to participate ceives funds under this title shall use such ‘‘SEC. 1731. DEFINITIONS. in the plan; funding to provide assistance to schools ‘‘In this part: ‘‘(B) demonstrate that the faculty and ad- served by the agency that have not made ‘‘(1) LOW-INCOME.—The term ‘low-income’, ministration of the school have agreed to progress toward lowering school dropout used with respect to an individual, means an

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.004 pfrm09 PsN: S03PT1 S3356 CONGRESSIONAL RECORD — SENATE May 3, 2000 individual determined to be low-income in ‘‘(i)(I) is certified or licensed and has dem- ‘‘(B) a school in which the great majority accordance with measures described in sec- onstrated the academic subject knowledge, of students, as determined by the State in tion 1113(a)(5). teaching knowledge, and teaching skills nec- which the school is located, fail to meet ‘‘(2) SCHOOL DROPOUT.—The term ‘school essary to teach effectively in the academic State student performance standards based dropout’ has the meaning given the term in subject in which the teacher teaches, accord- on assessments the local educational agency section 4(17) of the School-to-Work Opportu- ing to the standards described in subpara- is using under part A of title I. nities Act of 1994. graph (B) or (C), as appropriate; and ‘‘(9) MENTORING.—The term ‘mentoring’ ‘‘SEC. 1732. AUTHORIZATION OF APPROPRIA- ‘‘(II) shall not be a teacher for whom State means activities that— TIONS. certification or licensing requirements have ‘‘(A) consist of structured guidance and ‘‘(a) SUBPART 1.—There are authorized to been waived or who is teaching under an regular and ongoing support for beginning be appropriated to carry out subpart 1, emergency or other provisional credential; teachers, that— $5,000,000 for fiscal year 2001 and such sums or ‘‘(i) is designed to help the teachers con- as may be necessary for each of the 4 suc- ‘‘(ii) meets the standards of the National tinue to improve their practice of teaching ceeding fiscal years. Board for Professional Teaching Standards. and to develop their instructional skills; and ‘‘(b) SUBPART 2.—There are authorized to ‘‘(B) ELEMENTARY SCHOOL INSTRUCTIONAL ‘‘(ii)(I) as part of a multiyear, develop- be appropriated to carry out subpart 2, STAFF.—For purposes of complying with sub- mental induction process; $145,000,000 for fiscal year 2001 and such sums paragraph (A)(i), each elementary school as may be necessary for each of the 4 suc- ‘‘(II) involves the assistance of a mentor teacher (other than a middle school teacher) teacher and other appropriate individuals ceeding fiscal years, of which— in the State shall, at a minimum— from a school, local educational agency, or ‘‘(1) $125,000,000 shall be available to carry ‘‘(i) have State certification or a State li- institution of higher education; and out section 1721; and cense to teach (which may include certifi- ‘‘(III) may include coaching, classroom ob- ‘‘(2) $20,000,000 shall be available to carry cation or licensing obtained through alter- servation, team teaching, and reduced teach- out section 1722.’’. native routes); and ing loads; and TITLE II—PROFESSIONAL DEVELOPMENT ‘‘(ii) hold a bachelor’s degree and dem- ‘‘(B) may include the establishment of a FOR TEACHERS onstrate the academic subject knowledge, partnership by a local educational agency SEC. 201. TEACHER QUALITY. teaching knowledge, and teaching skills required to teach effectively in reading, writ- with an institution of higher education, an- (a) IN GENERAL.—Title II (20 U.S.C. 6601 et other local educational agency, or another seq.) is amended by striking the title heading, mathematics, social studies, science, organization, for the purpose of carrying out ing and all that follows through the end of and other academic subjects. the activities described in subparagraph (A). part A and inserting the following: ‘‘(C) MIDDLE SCHOOL AND SECONDARY SCHOOL ‘‘(10) MENTOR TEACHER.—The term ‘mentor INSTRUCTIONAL STAFF.—For purposes of com- ‘‘TITLE II—QUALIFIED TEACHER IN EVERY teacher’ means a fully qualified teacher CLASSROOM plying with subparagraph (A)(i), each middle school or secondary school teacher in the who— ‘‘PART A—TEACHER QUALITY State shall, at a minimum— ‘‘(A) is a highly competent classroom ‘‘SEC. 2001. PURPOSES. ‘‘(i) have State certification or a State li- teacher who is formally selected and trained ‘‘The purposes of this part are the fol- cense to teach (which may include certifi- to work effectively with beginning teachers lowing: cation or licensing obtained through alter- (including corps members described in sec- ‘‘(1) To improve student achievement in native routes); and tion 2018); order to help every student meet State con- ‘‘(ii) hold a bachelor’s degree or higher de- ‘‘(B) is full-time, and is assigned and quali- tent and student performance standards. gree and demonstrate a high level of com- fied to teach in the content area or grade ‘‘(2) To— petence in all academic subjects in which the level in which a beginning teacher (including ‘‘(A) enable States, local educational agen- teacher teaches through— a corps member described in section 2018), to cies, and schools to improve the quality and ‘‘(I) achievement of a high level of per- whom the teacher provides mentoring, in- success of the teaching force by providing all formance on rigorous academic subject tests; tends to teach; teachers, including beginning and veteran ‘‘(II) completion of an academic major (or ‘‘(C) has been consistently effective in teachers, with the support those teachers courses totaling an equivalent number of helping diverse groups of students make sub- need to succeed and stay in teaching, by pro- credit hours) in each of the academic substantial achievement gains; and viding professional development and men- jects in which the teacher teaches; or ‘‘(D) has been selected to provide mentoring programs for teachers, by offering in- ‘‘(III) for a teacher hired prior to the date toring through a peer review process that centives for additional qualified individuals of enactment of the Educational Opportuni- uses, as the primary selection criterion for to go into teaching, by reducing out-of-field ties Act, completion of appropriate the process, the teacher’s ability to help stu- placement of teachers, and by reducing the coursework for mastery of such academic dents achieve academic gains, measured number of teachers with emergency creden- subjects. through objective data. tials; and ‘‘(5) HIGH-POVERTY.—The term ‘high-pov- ‘‘(11) POVERTY LINE.—The term ‘poverty ‘‘(B) hold the States, agencies, and schools erty’, used with respect to a school, means a line’ means the income official poverty line accountable for such improvements. school that serves a high number or percent- (as defined by the Office of Management and ‘‘(3) To support State and local efforts to age of children from families with incomes Budget, and revised annually in accordance recruit qualified teachers to address teacher below the poverty line, as determined by the with section 673(2) of the Community Serv- shortages, particularly in communities with State in which the school is located. ices Block Grant Act (42 U.S.C. 9902(2))) ap- the greatest need. ‘‘(6) HIGH-POVERTY LOCAL EDUCATIONAL plicable to a family of the size involved. (4) To ensure that underqualified and inex- AGENCY.—The term ‘high-poverty local edu- ‘‘(12) PROFESSIONAL DEVELOPMENT.—The perienced teachers do not teach higher per- cational agency’ means a local educational term ‘professional development’ means ac- centages of low-income students and minor- agency for which the number of children tivities that are— ity students than other students. served by the agency who are age 5 through ‘‘(A)(i) an integral part of broad schoolwide ‘‘SEC. 2002. DEFINITIONS. 17, and from families with incomes below the and districtwide educational improvement ‘‘In this part: poverty line— plans and enhance the ability of teachers and ‘‘(1) BEGINNING TEACHER.—The term ‘begin- ‘‘(A) is not less than 20 percent of the num- other staff to help all students, including fe- ning teacher’ means a fully qualified teacher ber of all children served by the agency; or males, students with disabilities, students who has taught for 3 years or less. ‘‘(B) is more than 10,000. with limited English proficiency, and stu- ‘‘(2) CORE ACADEMIC SUBJECTS.—The term ‘‘(7) INSTITUTION OF HIGHER EDUCATION.— dents who have economic and educational ‘core academic subjects’ means— The term ‘institution of higher education’— disadvantages, meet high State and local ‘‘(A) mathematics; ‘‘(A) has the meaning given the term in content and student performance standards; ‘‘(B) science; section 101(a) of the Higher Education Act of ‘‘(ii) sustained, intensive, school-embed- ‘‘(C) reading (or language arts) and 1965; and ded, tied to State standards, and of high English; ‘‘(B) if such an institution prepares teach- quality and sufficient duration to have a ‘‘(D) social studies (consisting of history, ers and receives Federal funds, means such positive and lasting impact on classroom in- civics, government, geography, and econom- an institution that— struction (not one-time workshops); and ics); ‘‘(i) is in full compliance with the require- ‘‘(iii) based on the best available research ‘‘(E) foreign languages; and ments of section 207 of the Higher Education on teaching and learning; and ‘‘(F) fine arts (consisting of music, dance, Act of 1965; and ‘‘(B) described in subparagraphs (A) drama, and the visual arts). ‘‘(ii) does not have a teacher preparation through (F) of section 2017(a)(1). ‘‘(3) COVERED RECRUITMENT.—The term program identified by a State as low-per- ‘‘(13) RECRUITMENT ACTIVITIES.—The term ‘covered recruitment’ means activities de- forming. ‘recruitment activities’ means activities car- scribed in section 2017(c). ‘‘(8) LOW-PERFORMING SCHOOL.—The term ried out through a teacher corps program as ‘‘(4) FULLY QUALIFIED.— ‘low-performing school’ means— described in section 2018 to attract highly ‘‘(A) IN GENERAL.—The term ‘fully quali- ‘‘(A) a school identified by a local edu- qualified individuals, including individuals fied’, used with respect to a teacher, means cational agency for school improvement taking nontraditional routes to teaching, to a teacher who— under section 1116(c); or enter teaching and support the individuals

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.004 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3357 during necessary certification and licensure part for any fiscal year and not reserved ‘‘(4) a description of how the State edu- activities. under paragraph (1) is insufficient to pay the cational agency will align activities assisted ‘‘(14) RECRUITMENT PARTNERSHIP.—The full amounts that all States are eligible to under this subpart with State content and term ‘recruitment partnership’ means a receive under clause (i) for any fiscal year, student performance standards, and State partnership described in section 2015(b)(2). the Secretary shall ratably reduce such assessments by setting numerical, annual ‘‘SEC. 2003. AUTHORIZATION OF APPROPRIA- amounts for such fiscal year. improvement goals; TIONS. ‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.— ‘‘(5) a description of how the State edu- ‘‘There are authorized to be appropriated ‘‘(i) IN GENERAL.—Subject to clause (ii), for cational agency will coordinate activities to carry out this part— any fiscal year for which the total amount funded under this subpart with professional ‘‘(1) $2,000,000,000 for fiscal year 2001, of made available to carry out this subpart and development and mentoring and recruitment which— not reserved under paragraph (1) exceeds the activities that are supported with funds from ‘‘(A) $1,730,000,000 shall be made available total amount made available to the 50 other relevant Federal and non-Federal pro- to carry out subpart 1; States, the District of Columbia, and the grams; ‘‘(B) $270,000,000 shall be made available to Commonwealth of Puerto Rico for fiscal year ‘‘(6) a plan, developed with the extensive carry out subpart 2, of which— 2000 under the authority described in sub- participation of teachers, for addressing ‘‘(i) $120,000,000,000 shall be made available paragraph (A)(i), the Secretary shall allot to long-term teacher recruitment, retention, to carry out chapter 1 of subpart 2; each of those States the sum of— and professional development and mentoring ‘‘(ii) $25,000,000 shall be made available to ‘‘(I) an amount that bears the same rela- needs, which may include— carry out chapter 2 of subpart 2; tionship to 40 percent of the excess amount ‘‘(A) providing technical assistance to help ‘‘(iii) $75,000,000 shall be made available to as the number of individuals age 5 through 17 school districts reform hiring and employ- carry out chapter 3 of subpart 2; and in the State, as determined by the Secretary ment practices to improve the recruitment ‘‘(iv) $50,000,000 shall be made available to on the basis of the most recent satisfactory and retention of fully qualified teachers, es- carry out chapter 4 of subpart 2; and data, bears to the number of those individ- pecially with respect to high-poverty ‘‘(C) $1,750,000,000 shall be available to uals in all such States, as so determined; and schools; or carry out subpart 3; and ‘‘(II) an amount that bears the same rela- ‘‘(B) establishing State or regional part- ‘‘(2) such sums as may be necessary for tionship to 60 percent of the excess amount nerships to address teacher shortages; each of fiscal years 2002 through 2005. as the number of individuals age 5 through 17 ‘‘(7) a description of how the State edu- ‘‘Subpart 1—Grants to States and Local from families with incomes below the pov- cational agency will assist local educational Educational Agencies erty line in the State, as determined by the agencies in implementing effective and sus- ‘‘Chapter 1—Grants and Activities Secretary on the basis of the most recent tained professional development and men- satisfactory data, bears to the number of toring activities and high-quality recruit- ‘‘SEC. 2011. ALLOTMENTS TO STATES. those individuals in all such States, as so de- ment activities under this part; ‘‘(a) IN GENERAL.—The Secretary is author- termined. ‘‘(8) an assurance that the State will con- ized to make grants to eligible State edu- XCEPTION.—No State receiving an al- cational agencies for the improvement of ‘‘(ii) E sistently monitor the progress of each local teaching and learning through sustained and lotment under clause (i) may receive less educational agency and school in the State 1 intensive high-quality professional develop- than ⁄2 of 1 percent of the total excess in achieving the goals specified in the infor- ment, mentoring, and recruitment activities amount allotted under clause (i) for a fiscal mation submitted under paragraphs (1) (and covered recruitment, at the election of year. through (7); a local educational agency) at the State and ‘‘(3) REALLOTMENT.—If any State described ‘‘(9) a description of how the State edu- local levels. Each grant shall consist of the in paragraph (2) does not apply for an allot- cational agency will work with recipients of allotment determined for the State under ment under paragraph (2) for any fiscal year, grants awarded for recruitment activities subsection (b). the Secretary shall reallot such amount to under section 2015(b) to ensure that recruits ‘‘(b) DETERMINATION OF AMOUNT OF ALLOT- the remaining such States in accordance who successfully complete a teacher corps MENT.— with paragraph (2). program will be certified or licensed; and ‘‘(1) RESERVATION OF FUNDS.— ‘‘SEC. 2012. STATE APPLICATIONS. ‘‘(10) the assurances and description re- ‘‘(A) IN GENERAL.—From the total amount ‘‘(a) APPLICATIONS REQUIRED.— ferred to in section 2021. made available to carry out this subpart ‘‘(1) IN GENERAL.—Each State desiring to ‘‘(c) APPROVAL.—The Secretary shall, using under section 2003(1) for any fiscal year, the receive a grant under this subpart shall sub- a peer-review process, approve a State appli- Secretary shall reserve— mit an application to the Secretary at such cation if the application meets the requirements of this section and holds reasonable ‘‘(i) 1⁄2 of 1 percent for allotments for the time, in such manner, and containing such outlying areas to be distributed among those information as the Secretary may reason- promise of achieving the purposes of this outlying areas on the basis of their relative ably require. part. need, as determined by the Secretary, for ‘‘(2) DEVELOPMENT.—The State educational ‘‘SEC. 2013. STATE USE OF FUNDS. professional development and mentoring and agency shall develop the State application— ‘‘(a) IN GENERAL.—Of the funds allotted to recruitment activities carried out in accord- ‘‘(A) in consultation with the State agency a State under section 2011 for a fiscal year— ance with the purposes of this part; and for higher education, community-based and ‘‘(1) not more than 6 percent shall be used ‘‘(ii) 1⁄2 of 1 percent for the Secretary of the other nonprofit organizations, and institu- by the State educational agency to carry out Interior for programs carried out in accord- tions of higher education; and State activities described in section 2014, or ance with the purposes of this part to pro- ‘‘(B) with the extensive participation of for the administration of this subpart (other vide professional development and men- teachers, teacher educators, school adminis- than the administration of section 2019 but toring and recruitment activities for teach- trators, and content specialists. including the administration of State activi- ers and other staff in schools operated or ‘‘(b) CONTENTS.—Each such application ties under chapter 2), except that not more funded by the Bureau of Indian Affairs. shall include— than 3 percent of the allotted funds may be ‘‘(B) LIMITATION.—Notwithstanding sub- ‘‘(1) a description of the State’s shortages used for the administration of this subpart; paragraph (A), the Secretary shall not re- of fully qualified teachers relating to high- ‘‘(2) 60 percent shall be used by the State serve, for either the outlying areas under poverty school districts and high-need aca- educational agency to provide grants to local subparagraph (A)(i) or the schools operated demic subjects (as such districts or subjects educational agencies under section 2015(a) or funded by the Bureau of Indian Affairs are determined by the State); for professional development and mentoring under subparagraph (A)(ii), more than the ‘‘(2) an assessment of the need for profes- (except as provided in section 2017(c)); amount reserved for those areas or schools sional development for veteran teachers in ‘‘(3) 30 percent shall be used by the State for fiscal year 2000 under the authority de- the State and the need for strong mentoring educational agency— scribed in paragraph (2)(A)(i). programs for beginning teachers that is— ‘‘(A) except as provided in subparagraph ‘‘(2) STATE ALLOTMENTS.— ‘‘(A) developed with the involvement of (B), to provide grants to recruitment part- ‘‘(A) HOLD HARMLESS.— teachers; and nerships under section 2015(b) for recruit- ‘‘(i) IN GENERAL.—Subject to subparagraph ‘‘(B) based on student achievement data in ment activities; or (B), from the total amount made available to the core academic subjects and other indica- ‘‘(B) if the State educational agency deter- carry out this subpart for any fiscal year and tors of the need for professional development mines that all elementary school and sec- not reserved under paragraph (1), the Sec- and mentoring programs; ondary school teachers in the State that are retary shall allot to each of the 50 States, ‘‘(3) a description of how the State edu- teaching core academic subjects are fully the District of Columbia, and the Common- cational agency will use funds made avail- qualified, to provide the grants described in wealth of Puerto Rico an amount equal to able under this part to improve the quality paragraph (2); and the amount that the State received for fiscal of the State’s teaching force, eliminate the ‘‘(4) 4 percent (or 4 percent of the amount year 2000 under section 2202(b) of this Act (as use of out-of-field placement of teachers, and the State would have been allotted if the ap- in effect on the day before the date of enact- eliminate the use of teachers hired with propriation for this subpart were ment of the Educational Excellence for All emergency or other provisional credentials $1,730,000,000, whichever is greater) shall be Children Act of 2000). by setting numerical, annual improvement used by the State agency for higher edu- ‘‘(ii) RATABLE REDUCTION.—If the total goals, and meet the requirements of this sec- cation to provide grants to partnerships amount made available to carry out this sub- tion; under section 2019.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.004 pfrm09 PsN: S03PT1 S3358 CONGRESSIONAL RECORD — SENATE May 3, 2000

‘‘(b) PRIORITY FOR PROFESSIONAL DEVELOP- ‘‘(4) providing assistance to local edu- ‘‘(F) high-poverty schools that have been MENT AND MENTORING IN MATHEMATICS AND cational agencies to reduce out-of-field identified for improvement in accordance SCIENCE.— placements and the use of emergency creden- with section 1116. ‘‘(1) PRIORITY.— tials; ‘‘(4) EQUITABLE GEOGRAPHIC DISTRIBUTION.— ‘‘(A) APPROPRIATIONS OF NOT MORE THAN ‘‘(5)(A) supporting activities to encourage A State educational agency shall ensure an $300,000,000.—Except as provided in section and support teachers seeking national board equitable distribution of grants under this 2017(c), for any fiscal year for which the ap- certification from the National Board for subsection among eligible local educational propriation for this subpart is $300,000,000 or Professional Teaching Standards or other agencies serving urban and rural areas. less, each State educational agency that re- recognized entities; and ‘‘(b) GRANTS FOR RECRUITMENT ACTIVI- ceives funds under this subpart, working ‘‘(B) in particular, supporting certification TIES.— jointly with the State agency for higher edu- by the National Board for Professional ‘‘(1) IN GENERAL.—The State educational cation, shall ensure that all funds received Teaching Standards of teachers who are agency of a State that receives a grant under under this subpart are used for— teaching or will teach in high-poverty section 2011 shall use the funds made avail- ‘‘(i) professional development and men- schools; able under section 2013(a)(3)(A) to make toring in mathematics and science that is ‘‘(6) providing assistance to local edu- grants to eligible recruitment partnerships, aligned with State content and student per- cational agencies in implementing effective on a competitive basis, to carry out the re- formance standards; and programs of recruitment activities, and pro- cruitment activities and meet requirements ‘‘(ii) recruitment activities to attract fully fessional development and mentoring, in- described in section 2017(b). qualified math and science teachers to high- cluding supporting efforts to encourage and ‘‘(2) ELIGIBILITY.— poverty schools. train teachers to become mentor teachers; ‘‘(A) IN GENERAL.—To be eligible to receive ‘‘(B) APPROPRIATION OF MORE THAN ‘‘(7) increasing the rigor and quality of a grant from a State educational agency $300,000,000.—Except as provided in section State certification and licensure tests for in- under this subsection, a recruitment 2017(c), for any fiscal year for which the ap- dividuals entering the field of teaching, in- partnership— propriation for this subpart is greater than cluding subject matter tests for secondary ‘‘(i) shall include an eligible local edu- $300,000,000, the State educational agency school teachers; and cational agency, or a consortium of eligible and the State agency for higher education ‘‘(8) implementing teacher recognition pro- local educational agencies; shall jointly ensure that the total amount of grams. ‘‘(ii) shall include an institution of higher funds that the agencies receive under this education, a tribal college, or a community ‘‘(b) COORDINATION.—A State that receives subpart and that the agencies use for activi- college; and a grant to carry out this subpart and a grant ‘‘(iii) may include other members, such as ties described in subparagraph (A) is at least under section 202 of the Higher Education as great as the allotment the State would a nonprofit organization or professional edu- Act of 1965 shall coordinate the activities cation organization. have received if that appropriation had been carried out under this section and the activi- $300,000,000. ‘‘(B) ELIGIBLE LOCAL EDUCATIONAL AGEN- ties carried out under that section 202. CY.—In subparagraph (A), the term ‘eligible ‘‘(2) INTERDISCIPLINARY ACTIVITIES.—A State may use funds received under this sub- ‘‘SEC. 2015. GRANTS TO LOCAL EDUCATIONAL local educational agency’ means a local edu- part for activities that focus on more than 1 AGENCIES. cational agency that receives assistance core academic subject, and apply the funds under part A of title I, and meets any addi- ‘‘(a) GRANTS FOR PROFESSIONAL DEVELOP- tional eligibility criteria that the appro- toward meeting the requirements of para- MENT AND MENTORING ACTIVITIES.— graph (1), if the activities include a strong priate State educational agency may estab- ‘‘(1) IN GENERAL.—The State educational lish. focus on improving instruction in mathe- agency of a State that receives a grant de- matics or science. ‘‘(3) EQUITABLE GEOGRAPHIC DISTRIBUTION.— scribed in section 2011 shall use the funds A State educational agency shall ensure an ‘‘(3) ADDITIONAL FUNDS.—Except as pro- made available under section 2013(a)(2) (and equitable distribution of grants under this vided in section 2017(c), each State edu- any funds made available under section cational agency that receives funds under subsection among eligible recruitment part- 2013(a)(3)(B)) to make grants to eligible local nerships serving urban and rural areas. this subpart and the State agency for higher educational agencies, from allocations made ‘‘SEC. 2016. LOCAL APPLICATIONS. education shall jointly ensure that any por- under paragraph (2), to carry out the activi- tion of the funds that exceeds the amount re- ‘‘(a) IN GENERAL.—A local educational ties described in section 2017(a) (except as agency or a recruitment partnership seeking quired by paragraph (1) to be spent on activi- provided in section 2017(c)). ties described in paragraph (1)(A) is used to to receive a grant from a State under section ‘‘(2) ALLOCATIONS.—The State educational 2015 to carry out activities described in sec- provide— agency shall allocate to each eligible local ‘‘(A) professional development and mention 2017 shall submit an application to the educational agency the sum of— State at such time, in such manner, and con- toring in 1 or more of the core academic sub- ‘‘(A) an amount that bears the same rela- taining such information as the State may jects that is aligned with State content and tionship to 20 percent of the funds described reasonably require. student performance standards; and in paragraph (1) as the number of individuals ‘‘(b) CONTENTS RELATING TO PROFESSIONAL ‘‘(B) recruitment activities involving enrolled in public and private nonprofit ele- DEVELOPMENT AND MENTORING ACTIVITIES.— teachers of 1 or more of the core academic mentary schools and secondary schools in If the local educational agency seeks a grant subjects. the geographic area served by the agency under section 2015(a) to carry out activities ‘‘SEC. 2014. STATE LEVEL ACTIVITIES. bears to the number of those individuals in described in section 2017(a), the local appli- ‘‘(a) ACTIVITIES.—Each State educational the geographic areas served by all the local cation described in subsection (a) shall in- agency that receives a grant described in educational agencies in the State; and clude, at a minimum, the following: section 2011 shall use the funds made avail- ‘‘(B) an amount that bears the same rela- ‘‘(1) A description of how the local edu- able under section 2013(a)(1) to carry out tionship to 80 percent of the funds as the cational agency intends to use the funds pro- statewide strategies and activities to im- number of individuals age 5 through 17 from vided through the grant to carry out activi- prove teacher quality, including— families with incomes below the poverty ties that meet requirements described in sec- ‘‘(1) establishing, expanding, or improving line, in the geographic area served by the tion 2017(a). alternative routes to State certification or agency, as determined by the Secretary on ‘‘(2) An assurance that the local edu- licensing of teachers, for highly qualified in- the basis of the most recent satisfactory cational agency will target the funds to dividuals with a baccalaureate degree, mid- data, bears to the number of those individ- high-poverty, low-performing schools served career professionals from other occupations, uals in the geographic areas served by all the by the local educational agency that— or paraprofessionals, that are at least as rig- local educational agencies in the State, as so ‘‘(A) have the lowest proportions of quali- orous as the State’s standards for initial cer- determined. fied teachers; tification or licensing of teachers; ‘‘(3) ELIGIBILITY.—To be eligible to receive ‘‘(B) are identified for school improvement ‘‘(2) developing or improving evaluation a grant from a State educational agency and corrective action under section 1116; or systems, with performance measures drawn under this subsection, a local educational ‘‘(C) are identified for school improvement from assessment tat objectively measure agency shall serve schools that include— in accordance with other measures of school student achievement against State perform- ‘‘(A) high-poverty schools; quality as determined and documented by ance standards, to evaluate the effectiveness ‘‘(B) schools that need support for improv- the local educational agency. of professional development and mentoring ing teacher quality based on low achieve- ‘‘(3) A description of how the local edu- and recruitment activities in improving ment of students served; cational agency will coordinate professional teacher quality, skills, and content knowl- ‘‘(C) schools that have low teacher reten- development and mentoring activities de- edge, and the impact of the professional de- tion rates; scribed in section 2017(a) with professional velopment and mentoring and recruitment ‘‘(D) schools that need to improve or ex- development and mentoring activities pro- activities on increasing student academic pand the knowledge and skills of new and vided through other Federal, State, and local achievement and student performance; veteran teachers in high-priority content programs, including programs authorized ‘‘(3) funding projects to promote reci- areas; under— procity of teacher certification or licensure ‘‘(E) schools that have high out-of-field ‘‘(A) titles I, IV, and V, and part A of title between or among States; placement rates; or VII; and

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.005 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3359 ‘‘(B) where applicable, the Individuals with ‘‘(i) ensure that a corps member who suc- ‘‘(vi) establishment and maintenance of Disabilities Education Act, the Carl D. Per- cessfully completes a teacher corps program local professional networks that provide a kins Vocational and Technical Education will have the academic requirements nec- forum for interaction among teachers and Act of 1998, and title II of the Higher Edu- essary for initial certification or licensure as administrators and that allow for the ex- cation Act of 1965. a teacher in the State; and change of information on advances in con- ‘‘(4) A description of how the local edu- ‘‘(ii) work with the recruitment partner- tent knowledge and teaching skills; cational agency will integrate funds received ship to ensure the partnership uses high- ‘‘(C) include strategies for fostering mean- to carry out activities described in section quality methods and establishes high-quality ingful parental involvement and relations 2017(a) with funds received under title V that requirements concerning alternative routes with parents to encourage parents to become are used for professional development and to certification or licensing, in order to meet collaborators in their children’s education, mentoring in order to carry out professional State requirements for certification or licen- for improving classroom management and development and mentoring activities that— sure; and discipline, and for integrating technology ‘‘(A) train teachers, paraprofessionals, ‘‘(D) the assurances and description re- into a curriculum; counselors, pupil services personnel, admin- ferred to in section 2023, with respect to re- ‘‘(D) as a whole, are regularly evaluated for istrators, and other school staff, including cruitment activities. their impact on increased teacher effective- school library media specialists, in how to ‘‘(d) CONTENTS RELATING TO COVERED RE- ness and improved student achievement, use technology to improve learning and CRUITMENT.—If the local educational agency with the findings of the evaluations used to teaching; and seeks a grant under section 2015(a) to carry improve the quality of activities described in ‘‘(B) take into special consideration the out activities described in section 2017(c), this paragraph; different learning needs for, and exposures the local application described in subsection ‘‘(E) include, to the extent practicable, the to, technology for all students, including fe- (a) shall include, at a minimum, a descrip- establishment of a partnership with an insti- males, students with disabilities, students tion of the activities and the manner in tution of higher education, another local with limited English proficiency, and stu- which the activities will contribute to ac- educational agency, or another organization, dents who have economic and educational complishing the objectives of section 2023. for the purpose of carrying out activities de- disadvantages. ‘‘(e) APPROVAL.—A State educational agen- scribed in this paragraph; and ‘‘(5) A description of how the local applica- cy shall approve a local educational agency’s ‘‘(F) include ongoing and school-based sup- tion was developed with extensive participa- or recruitment partnership’s application port for activities described in this para- tion of teachers, paraprofessionals, prin- under this section only if the State edu- graph, such as support for peer review, cipals, and parents. cational agency determines that the applica- coaching, or study groups, and the provision ‘‘(6) A description of how the professional tion is of high quality and holds reasonable of release time as needed for the activities; development and mentoring activities de- promise of achieving the purposes of this ‘‘(2) are mentoring activities; and scribed in section 2017(a) will address the on- part. ‘‘(3) include local activities carried out going professional development and men- ‘‘SEC. 2017. LOCAL ACTIVITIES. under chapter 2. ‘‘(b) RECRUITMENT ACTIVITIES.—Each re- toring of teachers, paraprofessionals, coun- ‘‘(a) PROFESSIONAL DEVELOPMENT AND MEN- cruitment partnership receiving a grant selors, pupil services personnel, administra- TORING ACTIVITIES.—Except as provided in under section 2015(b) shall use the funds tors, and other school staff, including school subsection (c), each local educational agency made available through the grant to carry library media specialists. receiving a grant under section 2015(a) shall out recruitment activities (and only recruit- ‘‘(7) A description of how the professional use the funds made available through the development and mentoring activities de- ment activities) described in section 2018. grant to carry out activities (and only ac- ‘‘(c) COVERED RECRUITMENT.—A local edu- scribed in section 2017(a) will have a substan- tivities) that— tial, measurable, and positive impact on stu- cational agency receiving a grant under sec- ‘‘(1) are professional development activi- tion 2015(a) for a fiscal year may elect to use dent achievement and how the activities will ties (as defined in section 2002(12)(A)) that— a portion of the funds made available be used as part of a broader strategy to ‘‘(A) improve teacher knowledge of— through the grant, but not more than the eliminate the achievement gap that sepa- ‘‘(i) 1 or more of the core academic sub- agency’s share of 10 percent of the funds al- rates low-income and minority student from jects; lotted to the State involved under section other students. ‘‘(ii) effective instructional strategies, 2011 for the fiscal year, to carry out recruit- ‘‘(8) A description of how the local edu- methods, and skills for improving student ment (including recruitment through the use cational agency will address the needs of achievement in core academic subjects, in- of signing bonuses and other financial incen- teachers of students with disabilities, stu- cluding strategies for identifying and elimi- tives) and hiring of fully qualified teachers. dents with limited English proficiency, and nating gender and racial bias; ‘‘SEC. 2018. RECRUITMENT ACTIVITIES THROUGH other students with special needs. ‘‘(iii) the use of data and assessments to in- A TEACHER CORPS PROGRAM. ‘‘(9) A description of how the local edu- form teachers about and improve classroom ‘‘(a) TEACHER CORPS PROGRAM REQUIRE- cational agency will provide training to practice; and MENTS.— teachers to enable the teachers to work with ‘‘(iv) innovative instructional methodolo- ‘‘(1) RECRUITMENT.—A recruitment partner- parents, involve parents in their child’s edu- gies designed to meet the diverse learning ship that receives a grant under section cation, and encourage parents to become col- needs of individual students, including meth- 2015(b) shall broadly recruit and screen for a laborators with schools in promoting their odologies that integrate academic and tech- teacher corps a highly qualified pool of can- child’s education. nical skills and applied learning (such as didates who demonstrate the potential to be- ‘‘(10) The assurances and description re- service learning), methodologies for inter- come effective teachers. Each candidate ferred to in section 2023, with respect to proactive and interdisciplinary team teaching, shall meet— fessional development and mentoring activi- and other alternative teaching strategies, ‘‘(A) standards to ensure that— ties. such as strategies for experiential learning, ‘‘(i) each corps member possesses appro- ‘‘(c) DEVELOPMENT AND CONTENTS RELATING career-related education, and environmental priate, high-level credentials and presents TO RECRUITMENT ACTIVITIES.—If an eligible education, that integrate real world applica- the likelihood of becoming an effective local educational agency (as defined in sections into the core academic subjects; teacher; and tion 2015(b)) seeks a grant under section ‘‘(B) replicate effective instructional prac- ‘‘(ii) each group of corps members includes 2015(b) to carry out activities described in tices that involve collaborative groups of people who have expertise in academic subsection 2017(b)— teachers and administrators from the same jects and otherwise meet the specific needs ‘‘(1) the eligible local educational agency school or district, using strategies such as— of the district to be served; and shall enter into a recruitment partnership, ‘‘(i) provision of dedicated time for collabo- ‘‘(B) any additional standard that the re- which shall jointly prepare and submit the rative lesson planning and curriculum devel- cruitment partnership establishes to en- local application described in subsection (a); opment meetings; hance the quality and diversity of candidates and ‘‘(ii) provision of collaborative professional and to meet the academic and grade level ‘‘(2) at a minimum, the application shall development experiences for veteran teach- needs of the partnership. include— ers based on the standards in the core aca- ‘‘(2) REQUIRED CURRICULUM AND PLACE- ‘‘(A) a description of how the recruitment demic subjects of the National Board for MENT.—Members of the recruitment partner- partnership will meet the teacher corps pro- Professional Teaching Standards; ship shall work together to plan and develop gram requirements described in section 2018; ‘‘(iii) consultation with exemplary teach- a program that includes— ‘‘(B) a description of the individual and ers; ‘‘(A) a rigorous curriculum that includes a collective responsibilities of members of the ‘‘(iv) provision of short-term and long-term preservice training program (incorporating recruitment partnership in meeting the re- visits to classrooms and schools; innovative approaches to preservice train- quirements and goals of a teacher corps pro- ‘‘(v) participation of teams of teachers in ing, such as distance learning), for a period gram described in section 2018; summer institutes and summer immersion not to exceed 1 year, that provides corps ‘‘(C) information demonstrating that the activities that are focused on preparing members with the skills and knowledge nec- State agency responsible for teacher licen- teachers to enable all students to meet high essary to become effective teachers, by— sure or certification in the State in which a standards in 1 or more of the core academic ‘‘(i) requiring completed course work in recruitment partnership is established will— subjects; and basic areas of teaching, such as principles of

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.005 pfrm09 PsN: S03PT1 S3360 CONGRESSIONAL RECORD — SENATE May 3, 2000 learning and child development, effective ‘‘(ii) for corps members, including salary a corps member remained in the teacher teaching strategies, assessments, and class- levels and the stipends, if any, that will be corps program beyond the corps member’s room management, and in the pedagogy re- provided during a corps member’s preservice initial 2 years of service. lated to the academic subjects in which a training. ‘‘(D) WAIVER.—The Secretary may waive corps member intends to teach; ‘‘(5) ASSURANCES.—The plan shall include reimbursements required under subpara- ‘‘(ii) providing extensive preparation in the assurances that— graph (A) in the case of severe hardship to a pedagogy of reading to corps members who ‘‘(A) a corps member will be assigned to corps member who leaves the school district, intend to teach in the early elementary teach only academic subjects and grade lev- as described in subparagraph (A). grades, including preparation components els for which the member is fully qualified; ‘‘(d) FEDERAL SHARE; NON-FEDERAL that focus on— ‘‘(B) corps members, to the extent prac- SHARE.— ‘‘(I) understanding the psychology of read- ticable, will be placed in schools with teams ‘‘(1) PAYMENT OF FEDERAL SHARE.—The Sec- ing, and human growth and development; of corps members; and retary shall pay to each recruitment part- ‘‘(II) understanding the structure of the ‘‘(C) every mentor teacher will be provided nership carrying out a teacher corps pro- English language; and sufficient time to meet the needs of the gram under this section the Federal share of ‘‘(III) learning and applying the best teach- corps members assigned to the mentor teach- the cost of the activities described in the ing methods to all aspects of reading instruc- er. partnership’s application under section ‘‘(b) CORPS MEMBER QUALIFICATIONS.— tion; 2016(c). ‘‘(1) CANDIDATES INTENDING TO TEACH IN EL- ‘‘(iii) providing training in the use of tech- ‘‘(2) NON-FEDERAL SHARE.—A recruitment EMENTARY SCHOOLS.—At a minimum, to be nology as a tool to enhance a corps member’s partnership’s share of the cost of the activi- accepted by a teacher corps program, a can- ties described in the partnership’s applica- effectiveness as a teacher and improve the didate who intends to teach at the elemen- tion under section 2016(c)— achievement of the corps member’s students; tary school level shall— ‘‘(A) may be provided in cash or in kind, and ‘‘(A) have a bachelor’s degree; fairly evaluated, including plant, equipment, ‘‘(iv) focusing on the teaching skills and ‘‘(B) possess an outstanding commitment or services; and knowledge that corps members need to en- to working with children and youth; ‘‘(B)(i) for the first year for which the part- able all students to meet the State’s highest ‘‘(C) possess a strong professional or post- nership receives assistance under this sub- challenging content and student perform- secondary record of achievement; and part, shall be not less than 10 percent; ance standards; ‘‘(D) pass all basic skills and subject mat- ‘‘(ii) for the second such year, shall be not ‘‘(B) placement of a corps member with the ter tests required by the State for teacher less than 20 percent; local educational agency participating in the certification or licensure. ‘‘(iii) for the third year such year, shall be recruitment partnership, in a teaching in- ‘‘(2) CANDIDATES INTENDING TO TEACH IN not less than 30 percent; ternship that— SECONDARY SCHOOLS.—At a minimum, to be ‘‘(i) includes intensive mentoring; accepted by a teacher corps program, a can- ‘‘(iv) for the fourth such year, shall be not ‘‘(ii) provides a reduced teaching load; and didate who intends to teach at the secondary less than 40 percent; and ‘‘(iii) provides regular opportunities for the school level shall— ‘‘(v) for the fifth such year, shall be not corps member to co-teach with a mentor ‘‘(A) meet the requirements described in less than 50 percent. teacher, observe other teachers, and be ob- paragraph (1); and ‘‘SEC. 2019. GRANTS TO PARTNERSHIPS OF INSTI- served and coached by other teachers; ‘‘(B)(i) possess at least an academic major TUTIONS OF HIGHER EDUCATION ‘‘(C) individualized inservice training over or postsecondary degree in each academic AND LOCAL EDUCATIONAL AGEN- the course of the corps member’s first 2 subject in which the candidate intends to CIES. years of full-time teaching that provides— teach; or ‘‘(a) ADMINISTRATION.—A State agency for ‘‘(i) high-quality professional development, ‘‘(ii) if the candidate did not major or earn higher education may use, from the funds coordinated jointly by members of the re- a postsecondary degree in an academic sub- made available to the agency under section cruitment partnership, and the course work ject in which the candidate intends to teach, 2013(a)(4) for any fiscal year, not more than necessary to provide additional or supple- have completed a rigorous course of instruc- 31⁄3 percent for the expenses of the agency in mentary knowledge to meet the specific tion in that subject that is equivalent to administering this section, including con- needs of the corps member; and having majored in the subject. ducting evaluations of activities on the per- ‘‘(ii) ongoing mentoring by a teacher who ‘‘(3) SPECIAL RULE.—Notwithstanding para- formance measures described in section meets the criteria for a mentor teacher de- graph (2)(B), the recruitment partnership 2014(a)(2). scribed in paragraph (4)(B), including the re- may consider the candidate to be an eligible ‘‘(b) GRANTS TO PARTNERSHIPS.— quirements of section 2002(10); and corps member and accept the candidate for a ‘‘(1) IN GENERAL.—The State agency for ‘‘(D) collaboration between the recruit- teacher corps program if the candidate has higher education shall use the remainder of ment partnership, and local community stu- worked successfully and directly in a field the funds, in cooperation with the State edu- dent and parent groups, to assist corps mem- and in a position that provided the candidate cational agency, to make grants to (includ- bers in enhancing their understanding of the with direct and substantive knowledge in the ing entering into contracts or cooperative community in which the members are academic subject in which the candidate in- agreements with) partnerships of— placed. tends to teach. ‘‘(A) institutions of higher education that ‘‘(3) EVALUATION.—A recruitment partner- ‘‘(c) THREE-YEAR COMMITMENT TO TEACHING are in full compliance with all reporting re- ship shall evaluate a corps member’s IN ELIGIBLE DISTRICTS.— quirements of title II of the Higher Edu- progress in course study and classroom prac- ‘‘(1) IN GENERAL.—In return for acceptance cation Act of 1965 or nonprofit organizations tice at regular intervals. Each recruitment to a teacher corps program, a corps member of demonstrated effectiveness in providing partnership shall have a formal process to shall commit to 3 years of full-time teaching professional development and mentoring in identify corps members who seem unlikely in a school or district served by a local edu- the core academic subjects; and to become effective teachers and terminate cational agency participating in a recruit- ‘‘(B) eligible local educational agencies (as their participation in the program. ment partnership receiving funds under this defined in section 2015(b)(2)), ‘‘(4) MENTOR TEACHERS.— subpart. to carry out activities (and only activities) ‘‘(A) IN GENERAL.—A recruitment partner- ‘‘(2) REIMBURSEMENT.— described in subsection (e). ship shall develop a plan for the program, ‘‘(A) IN GENERAL.—If a corps member ‘‘(2) SIZE; DURATION.—Each grant made which shall include strategies for identi- leaves the school district to which the corps under this section shall be— fying, recruiting, training, and providing on- member has been assigned prior to the end of ‘‘(A) in a sufficient amount to carry out going support to individuals who will serve the 3-year period described in paragraph (1), the objectives of this section effectively; and as mentor teachers to corps members. the corps member shall be required to reim- ‘‘(B) for a period of 3 years, which the ‘‘(B) MENTOR TEACHER REQUIREMENTS.—The burse the Secretary for the amount of the State agency for higher education may ex- plan described in subparagraph (A) shall Federal share of the cost of the corps mem- tend for an additional 2 years if the agency specify the criteria that the recruitment ber’s participation in the teacher corps pro- determines that the partnership is making partnership will use to identify and select gram. substantial progress toward meeting the spe- mentor teachers and, at a minimum, shall— ‘‘(B) PARTNERSHIP CLAIMS.—A recruitment cific goals set out in the written agreement ‘‘(i) require a mentor teacher to meet the partnership that provides a teacher corps required in subsection (c) and on the per- requirements of section 2002(10); and program to a corps member who leaves the formance measures described in section ‘‘(ii) require that consideration be given to school district, as discussed in subparagraph 2014(a)(2). teachers with national board certification. (A), may submit a claim to the corps mem- ‘‘(3) APPLICATIONS.—To be eligible to re- ‘‘(C) COMPENSATION.—The plan shall speci- ber requiring the corps member to reimburse ceive a grant under this section, a partner- fy the compensation— the recruitment partnership for the amount ship shall submit an application to the State ‘‘(i) for mentor teachers, including mone- of the partnership’s share of the cost de- agency for higher education at such time, in tary compensation, release time, or a re- scribed in subparagraph (A). such manner, and containing such informa- duced work load to ensure that mentor ‘‘(C) REDUCTION.—Reimbursements re- tion as the agency may reasonably require. teachers can provide ongoing support for quired under this paragraph may be reduced ‘‘(4) AWARD PROCESS AND BASIS.—The State corps members; and proportionally based on the amount of time agency for higher education shall make the

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.005 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3361

grants on a competitive basis, using a peer ‘‘(f) COORDINATION.—Any partnership that such deadlines as the Secretary may estab- review process. carries out professional development and lish. ‘‘(5) PRIORITY.—In making the grants, the mentoring activities under this section shall ‘‘(b) PUBLIC ACCOUNTABILITY.— State agency for higher education shall give coordinate the activities with activities car- ‘‘(1) IN GENERAL.—Each State that receives priority to partnerships submitting applica- ried out under title II of the Higher Edu- funds under this subpart— tions for projects that focus on mentoring cation Act of 1965, if a local educational ‘‘(A) in the event the State provides public programs for beginning teachers. agency or institution of higher education in State report cards on education, shall in- ‘‘(6) CONSIDERATIONS.—In making such a the partnership is participating in programs clude in such report cards— grant for a partnership, the State agency for funded under that title. ‘‘(i) the percentage of middle school and higher education shall consider— ‘‘(g) ANNUAL REPORTS.— other secondary school classes in core aca- ‘‘(A) the need of the local educational ‘‘(1) IN GENERAL.—Beginning with fiscal demic subjects that are taught by out-of- agency involved for the professional develop- year 2002, each partnership that receives a field teachers; ment and mentoring activities proposed in grant under this section shall prepare and ‘‘(ii) the percentage of middle school, other the application; submit to the appropriate State agency for elementary school, and other secondary ‘‘(B) the quality of the program proposed higher education, by a date set by that agen- school classes taught by individuals holding in the application and the likelihood of suc- cy, an annual report on the progress of the only emergency credentials or provisional cess of the program in improving classroom partnership on the performance measures de- credentials, or for whom any State certifi- instruction and student academic achieve- scribed in section 2014(a)(2). cation or licensing standards for teachers ment; and ‘‘(2) CONTENTS.—Each such report shall— have been waived; ‘‘(C) such other criteria as the agency finds ‘‘(A) include a copy of each written agree- ‘‘(iii) the average statewide class size; or to be appropriate. ment required by subsection (c) that is en- ‘‘(B) in the event the State provides no ‘‘(c) AGREEMENTS.— tered into by the partnership; and such report card, shall disseminate to the ‘‘(1) IN GENERAL.—No partnership may re- ‘‘(B) describe how the members of the part- public the information described in clauses ceive a grant under this section unless the nership have collaborated to achieve the spe- (i) through (iii) of subparagraph (A) through institution of higher education or nonprofit cific goals set out in the agreement, and the other means. organization involved enters into a written results of that collaboration. ‘‘(2) PUBLIC AVAILABILITY.—Such informa- agreement with at least 1 eligible local edu- ‘‘(3) COPY.—The State agency for higher tion shall be made widely available to the cational agency (as defined in section education shall provide the State edu- public, including parents and students, 2015(b)(2)) to provide professional develop- cational agency with a copy of each such re- throughout the State. ment and mentoring for elementary and sec- port. ‘‘(c) GENERAL ACCOUNTING OFFICE.—Not ondary school teachers in the schools served ‘‘Chapter 2—Accountability later than September 30, 2004, the Comp- by that agency in the core academic sub- ‘‘SEC. 2021. STATE APPLICATION ACCOUNT- troller General of the United States shall— jects. ABILITY PROVISIONS. ‘‘(1) conduct a study of the progress of the ‘‘(2) GOALS.—Each such agreement shall ‘‘(a) ASSURANCES.—Each State application States in increasing the percentage of teach- identify specific measurable annual goals submitted under section 2012 shall contain ers who are fully qualified teachers for fiscal concerning how the professional develop- assurances that— years 2001 through 2003; and ment and mentoring that the partnership ‘‘(1) beginning on the date of enactment of ‘‘(2) prepare and submit to the Committee provides will enhance the ability of the the Educational Excellence for All Children on Education and Workforce of the House of teachers to prepare all students to meet Act of 2000, no school in the State that is Representatives and the Committee on challenging State and local content and stu- served under this subpart will use funds re- Health, Education, Labor, and Pensions of dent performance standards. ceived under this subpart to hire a teacher the Senate a report containing the results of ‘‘(d) JOINT EFFORTS WITHIN INSTITUTIONS OF who is not a fully qualified teacher; and the study. HIGHER EDUCATION.—Each professional devel- ‘‘(2) not later than 4 years after the date of opment and mentoring activity assisted enactment of the Educational Excellence for ‘‘SEC. 2023. LOCAL APPLICATION ACCOUNT- under this section by a partnership con- All Children Act of 2000, each teacher in the ABILITY PROVISIONS. taining an institution of higher education State who provides services to students ‘‘Each local application submitted under shall involve the joint effort of the institu- served under this subpart shall be a fully section 2016 shall contain assurances that— tion of higher education’s school or depart- qualified teacher. ‘‘(1) the agency will not hire a teacher with ment of education and the schools or depart- ‘‘(b) WITHHOLDING.—If a State fails to meet funds made available to the agency under ments of the institution in the specific dis- the requirements described in subsection this subpart, unless the teacher is a fully ciplines in which the professional develop- (a)(2) for a fiscal year in which the require- qualified teacher; ment and mentoring will be provided. ments apply— ‘‘(2) the local educational agency and ‘‘(e) USES OF FUNDS.—A partnership that ‘‘(1) the Secretary shall withhold, for the schools served by the agency will work to en- receives funds under this section shall use following fiscal year, a portion of the funds sure, through voluntary agreements and in- the funds for activities (and only for activi- that would otherwise be available to the centive programs, that elementary school ties) that consist of— State under section 2013(a)(1) for the admin- and secondary school teachers in high-pov- ‘‘(1) professional development and men- istration of this subpart; and erty schools served by the local educational toring in the core academic subjects, aligned ‘‘(2) the State shall be subject to such agency will be at least as well qualified, in with State or local content standards, for other penalties as are provided by law for a terms of experience and credentials, as the teams of teachers from a school or school violation of this Act. instructional staff in schools served by the district and, where appropriate, administra- ‘‘(c) ASSISTANCE BY STATE EDUCATIONAL same local educational agency that are not tors and paraprofessionals on a career track; AGENCY.—Each State application submitted high-poverty schools; ‘‘(2) research-based professional develop- under section 2012 shall describe how the ‘‘(3) any teacher who receives certification ment and mentoring programs to assist be- State educational agency will help each from the National Board for Professional ginning teachers, which may include— local educational agency and school in the Teaching Standards will be considered fully ‘‘(A) mentoring and coaching by trained State develop the capacity to comply with qualified to teach, in the academic subjects mentor teachers that lasts at least 2 years; the requirements of this section. in which the teacher is certified, in high-pov- ‘‘(B) team teaching with veteran teachers ‘‘SEC. 2022. STATE REPORTS. erty schools in any school district or com- who have a consistent record of helping their ‘‘(a) REPORT TO SECRETARY.— munity served by the local educational agen- students make substantial academic gains; ‘‘(1) IN GENERAL.—Each State that receives cy; and ‘‘(C) provision of time for observation of, funds under this subpart shall annually pre- ‘‘(4) the agency will— and consultation with, veteran teachers; pare and submit to the Secretary a report ‘‘(A) make available, on request and in an ‘‘(D) provision of reduced teaching loads; containing— understandable and uniform format, to any and ‘‘(A) information on the activities of the parent of a student attending any school ‘‘(E) provision of additional time for prepa- State under this subpart, including state- served by the local educational agency, in- ration; wide information, and information on the ac- formation regarding the professional quali- ‘‘(3) the provision of technical assistance tivities of each grant recipient in the State; fications of the student’s classroom teachers to school and agency staff for planning, im- ‘‘(B) information on the effectiveness of with regard to— plementing, and evaluating professional de- the activities, and the progress of recipients ‘‘(i) whether the teacher has met State cer- velopment and mentoring; of grants under this subpart, on performance tification or licensing criteria for the aca- ‘‘(4) the provision of training for teachers measures, including measures described in demic subjects and grade level in which the to help the teachers develop the skills nec- section 2014(a)(2) and goals described in para- teacher teaches the student; essary to work most effectively with par- graphs (3) and (4) of section 2012(b); and ‘‘(ii) whether the teacher is teaching with ents; and ‘‘(C) such other information as the Sec- emergency or other provisional credentials, ‘‘(5) in appropriate cases, the provision of retary may reasonably require. or whether any State certification or licens- training to address areas of teacher and ad- ‘‘(2) DEADLINES.—The State shall submit ing standard has been waived for the teacher; ministrator shortages. the reports described in paragraph (1) by and

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.005 pfrm09 PsN: S03PT1 S3362 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(iii) the academic qualifications of the ‘‘Subpart 2—National Activities for the Im- ented individuals to become principals, in- teacher in the academic subjects and grade provement of Teaching and School Leader- cluding such programs that employ alter- levels in which the teacher teaches; and ship native routes to State certification or licens- ‘‘(B) inform parents that the parents are ‘‘Chapter 1—National Activities and ing that are at least as rigorous as the entitled to receive the information upon re- Clearinghouse State’s standards for initial certification or licensing of teachers, and that prepare both quest. ‘‘SEC. 2031. PROGRAM AUTHORIZED. new and experienced principals to serve as ‘‘SEC. 2024. LOCAL CONTINUATION OF FUNDING. ‘‘(a) IN GENERAL.—The Secretary is authorized to make grants to, and to enter into instructional leaders, which may include the ‘‘(a) AGENCIES.—If a local educational contracts and cooperative agreements with, creation and operation of a national center or regional centers for the preparation and agency applies for funds under this subpart local educational agencies, educational serv- support of principals as leaders of school re- for a 4th or subsequent fiscal year (including ice agencies, State educational agencies, form; applying for funds as part of a partnership), State agencies for higher education, institu- ‘‘(C) efforts to increase the portability of the agency may receive the funds for that tions of higher education, and other public teacher pensions and reciprocity of teaching fiscal year only if the State determines that and private nonprofit agencies, organiza- credentials across State lines; the agency has demonstrated that the agen- tions, and institutions to carry out sub- ‘‘(D) research, evaluation, and dissemina- cy, in carrying out activities under this subsection (b). tion activities related to effective strategies part during the past fiscal year, has met an- ‘‘(b) ACTIVITIES.—In making the grants, for increasing the portability of teachers’ nual numerical performance objectives for— and entering into the contracts and coopera- credited years of experience across State and ‘‘(1) improved student performance for all tive agreements, the Secretary— school district lines; groups described in section 1111(b)(2); ‘‘(1) may support activities of national sig- ‘‘(E) the development and implementation ‘‘(2) increased participation in sustained nificance that are not supported through of national or regional programs to— professional development and mentoring pro- other sources and that the Secretary deter- ‘‘(i) recruit highly talented individuals to grams; mines will contribute to the improvement of become teachers, through alternative routes ‘‘(3) reduced the beginning teacher attri- teaching and school leadership in the Na- to certification or licensing, in schools tion rate for the agency; and tion’s schools, such as— served by high-poverty local educational ‘‘(4) reduced the number of teachers who ‘‘(A) supporting collaborative efforts by agencies; and are not certified or licensed, and the number States, or consortia of States, to review and ‘‘(ii) help retain the individuals for more who are out-of-field teachers, for the agency. measure the quality, rigor, and alignment of than 3 years as classroom teachers in schools State standards and assessments; ‘‘(b) SCHOOLS.—If a local educational agen- served by the local educational agencies; and ‘‘(B) supporting collaborative efforts by cy applies for funds under this subpart on be- ‘‘(F) the establishment of partnerships of States, or consortia of States, to review and half of a school for a 4th or subsequent fiscal high-poverty local educational agencies, measure the quality and rigor of standards year (including applying for funds as part of teacher organizations, and local businesses, for entry into the field of teaching, including a partnership), the agency may receive the in order to help the agencies attract and re- the alignment of such standards with State funds for the school for that fiscal year only tain high-quality teachers and principals standards for students in elementary school if the State determines that the school has through provision of increased pay, com- and secondary school, and the alignment of demonstrated that the school, in carrying bined with reforms to raise teacher perform- initial teacher licensing and certification as- out activities under this subpart during the ance including use of regular, rigorous peer sessments with State standards for entry past fiscal year, has met the requirements of evaluations and (where appropriate) student into the field of teaching; paragraphs (1) through (4) of subsection (a). evaluations of every teacher; ‘‘(C) supporting the development of mod- ‘‘(3)(A) may support the National Board for ‘‘(c) RECRUITMENT PARTNERSHIPS.— els, at the State and local levels, of innova- Professional Teaching Standards and, in par- ‘‘(1) IN GENERAL.—If not more than 90 per- tive compensation systems that— ticular, may award a grant for fiscal year cent of the graduates of a teacher corps pro- ‘‘(i) provide incentives for talented individ- 2001 to the National Board to enable the Na- gram assisted under this subpart for a fiscal uals who have a strong knowledge of aca- tional Board to complete a system of na- year pass applicable State or local initial demic content to enter teaching; and tional board certification; and teacher licensing or certification examina- ‘‘(ii) reward veteran teachers who acquire ‘‘(B) may support activities to encourage tions, the recruitment partnership providing new knowledge and skills that are needed in and support teachers seeking advanced cer- the teacher corps program shall be ineligible the schools and districts in which the teach- tification or advanced credentialing through to receive grant funds for the succeeding fis- ers teach; and high quality professional teacher enhance- cal year. ‘‘(D) supporting collaborative efforts by ment programs designed to improve teaching ‘‘(2) WAIVER.—The State in which the part- States, or consortia of States, to develop and learning; nership is located may waive the require- performance-based systems for assessing ‘‘(4)(A) shall carry out a national evalua- ment described in paragraph (1) for a recruit- content knowledge and teaching skills of tion, not sooner than 3 years and not later ment partnership serving a school district teachers prior to initial certification or li- than 4 years after the date of enactment of that has special circumstances, such as a dis- censure of the teachers; the Educational Excellence for All Children trict with a small number of corps members. ‘‘(2) may support activities of national sig- Act of 2000, of the effect of activities carried nificance that the Secretary determines will ‘‘SEC. 2025. LOCAL REPORTS. out under this title, including an assessment contribute to the recruitment and retention of changes in instructional practice and ob- ‘‘(a) IN GENERAL.—Each local educational of highly qualified teachers and principals in jective measures of student achievement; agency that receives funds under this sub- schools served by high-poverty local edu- and part (including funds received through a cational agencies, such as— ‘‘(B) shall submit a report containing the partnership) shall prepare, make publicly ‘‘(A) the development and implementation results of the evaluation to Congress; and available, and submit to the State edu- of a national teacher recruitment clearing- ‘‘(5) shall annually submit to Congress a cational agency, every year, beginning in fis- house and job bank, which shall be coordi- report on the information contained in the cal year 2002, a report on the activities of the nated and, to the extent feasible, integrated State reports described in section 2022. agency under this subpart, in such form and with the America’s Job Bank administered ‘‘SEC. 2032. EISENHOWER NATIONAL CLEARING- containing such information as the State by the Secretary of Labor, to— educational agency may reasonably require. HOUSE FOR MATHEMATICS AND ‘‘(i) disseminate information and resources SCIENCE EDUCATION. ‘‘(b) CONTENTS.—The report shall contain, nationwide on entering the teaching profes- ‘‘(a) ESTABLISHMENT OF CLEARINGHOUSE.— at a minimum— sion, to persons interested in becoming The Secretary shall award a grant or con- ‘‘(1) information on progress throughout teachers; tract, on a competitive basis, to an entity to the schools served by the local educational ‘‘(ii) serve as a national resource center re- establish and operate an Eisenhower Na- agency on the performance measures de- garding effective practices for teacher pro- tional Clearinghouse for Mathematics and scribed in section 2014(a)(2) and goals de- fessional development and mentoring, re- Science Education (referred to in this sec- scribed in paragraphs (3) and (4) of section cruitment, and retention; tion as ‘the Clearinghouse’). 2012(b); ‘‘(iii) link prospective teachers to local ‘‘(b) AUTHORIZED ACTIVITIES.— ‘‘(2) information on progress throughout educational agencies and training resources; ‘‘(1) APPLICATION AND AWARD BASIS.— the schools served by the local educational ‘‘(iv) provide information and technical as- ‘‘(A) IN GENERAL.—An entity desiring to es- agency toward achieving the objectives of, sistance to prospective teachers about cer- tablish and operate the Clearinghouse shall and carrying out the activities described in, tification and licensing and other State and submit an application to the Secretary at this subpart; local requirements related to teaching; and such time, in such manner, and containing ‘‘(3) data on the progress described in para- ‘‘(v) provide data projections concerning such information as the Secretary may rea- graphs (1) and (2), disaggregated by school teacher and administrator supply and de- sonably require. poverty level, as defined by the State; and mand and available teaching and adminis- ‘‘(B) PEER REVIEW.—The Secretary shall es- ‘‘(4) a description of the methodology used trator opportunities; tablish a peer review panel to make rec- to gather the information and data described ‘‘(B) the development and implementation, ommendations on the recipient of the award in paragraphs (1) through (3). or expansion, of programs that recruit tal- for the Clearinghouse.

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‘‘(C) BASIS.—The Secretary shall make the ‘‘Chapter 2—Transition to Teaching participants will receive throughout at least award for the Clearinghouse on the basis of ‘‘SEC. 2041. PURPOSE. their first year of teaching; merit. ‘‘The purpose of this chapter is to address ‘‘(6) a description of how the entity will ‘‘(2) DURATION.—The Secretary shall award the need of high-poverty local educational collaborate, as needed, with other institu- the grant or contract for the Clearinghouse agencies for highly qualified teachers in par- tions, agencies, or organizations to recruit, for a period of 5 years. ticular academic subjects, such as mathe- train, place, and support program partici- ‘‘(3) ACTIVITIES.—The award recipient shall matics, science, foreign languages, bilingual pants under this chapter, including evidence use the award funds to— education, and special education needed by of the commitment of the institutions, agen- ‘‘(A) maintain a permanent collection of the agencies, by— cies, or organizations to the entity’s pro- such mathematics and science education in- ‘‘(1) continuing and enhancing the Troops gram; structional materials and programs for ele- to Teachers model for recruiting and sup- ‘‘(7) a description of how the entity will mentary schools and secondary schools as porting the placement of such teachers; and evaluate the progress and effectiveness of the entity’s program, including a description the Secretary finds appropriate, and give pri- ‘‘(2) recruiting, preparing, placing, and sup- of— ority to maintaining such materials and pro- porting career-changing professionals who ‘‘(A) the program’s goals and objectives; grams that have been identified as promising have knowledge and experience that will ‘‘(B) the performance indicators the entity or exemplary, through a systematic ap- help the professionals become such teachers. will use to measure the program’s progress; proach such as the use of expert panels re- ‘‘SEC. 2042. DEFINITIONS. ‘‘In this chapter: and quired under the Educational Research, De- ‘‘(C) the outcome measures that the entity velopment, Dissemination, and Improvement ‘‘(1) PROGRAM PARTICIPANT.—The term ‘program participant’ means a career-changing will use to determine the program’s effec- Act of 1994; tiveness; and ‘‘(B) disseminate the materials and pro- professional who— ‘‘(A) demonstrates interest in, and com- ‘‘(8) an assurance that the entity will programs described in subparagraph (A) to the mitment to, becoming a teacher; and vide to the Secretary such information as public, State educational agencies, local edu- ‘‘(B) has knowledge and experience that is the Secretary determines to be necessary to cational agencies, and schools (particularly relevant to teaching a high-need academic determine the overall effectiveness of pro- high-poverty, low-performing schools), in- subject for a high-poverty local educational grams carried out under this chapter. cluding dissemination through the mainte- agency. ‘‘SEC. 2045. USES OF FUNDS AND PERIOD OF nance of an interactive national electronic ‘‘(2) SECRETARY.—The term ‘Secretary’ SERVICE. information management and retrieval sys- means the Secretary of Education, except as ‘‘(a) AUTHORIZED ACTIVITIES.—Funds made tem accessible through the World Wide Web otherwise determined in accordance with the available under this chapter may be used and other advanced communications tech- agreements described in section 2043(b). for— nologies; ‘‘SEC. 2043. PROGRAM AUTHORIZED. ‘‘(1) recruiting program participants, in- ‘‘(C) coordinate activities with entities op- ‘‘(a) AUTHORITY.—Subject to subsection (b), cluding informing individuals who are poten- erating other databases containing mathe- using funds made available to carry out this tial participants of opportunities available matics and science curriculum and instruc- chapter under section 2003(2)(A) for each fis- under the program and putting the individ- tional materials, including Federal, non-Fed- cal year, the Secretary may award grants, uals in contact with other institutions, agen- eral, and, where feasible, international data- contracts, or cooperative agreements to in- cies, or organizations that would train, bases; stitutions of higher education and public and place, and support the individuals; ‘‘(D) using not more than 10 percent of the private nonprofit agencies or organizations ‘‘(2) providing training stipends and other amount awarded under this section for any to carry out programs authorized under this financial incentives for program partici- fiscal year, participate in collaborative chapter. pants, such as paying for moving expenses, meetings of representatives of the Clearing- ‘‘(b) IMPLEMENTATION.— not to exceed $5,000, in the aggregate, per house and regional mathematics and science ‘‘(1) CONSULTATION.—Before making awards participant; education consortia to— under subsection (a) for any fiscal year, the ‘‘(3) assisting institutions of higher edu- ‘‘(i) discuss issues of common interest and Secretary of Education shall— cation or other providers of teacher training concern; ‘‘(A) consult with the Secretary of Defense to tailor their training to meet the par- ‘‘(ii) foster effective collaboration and co- and the Secretary of Transportation regard- ticular needs of professionals who are chang- operation in acquiring and distributing in- ing the appropriate amount of funding needing their careers to teaching; structional materials and programs; and ed to carry out this chapter; and ‘‘(4) providing placement activities, includ- ‘‘(iii) coordinate and enhance computer ‘‘(B) upon agreement, transfer that amount ing identifying high-poverty local edu- network access to the Clearinghouse and the to the Department of Defense to carry out cational agencies with needs for the particular skills and characteristics of the resources of the regional consortia; this chapter. newly trained program participants and as- ‘‘(E) support the development and dissemi- ‘‘(2) AGREEMENT.—The Secretary of Edu- sisting the participants to obtain employ- nation of model professional development cation may enter into a written agreement ment with the local educational agencies; and mentoring materials for mathematics with the Secretary of Defense and the Sec- and and science education; retary of Transportation, or take such other ‘‘(5) providing post-placement induction or ‘‘(F) contribute materials or information, steps as the Secretary of Education determines are appropriate, to ensure effective support activities for program participants. as appropriate, to other national repositories ‘‘(b) PERIOD OF SERVICE.—A program par- or networks; and implementation of this chapter. ‘‘SEC. 2044. APPLICATION. ticipant in a program under carried out ‘‘(G) gather qualitative and evaluative under this chapter who completes the par- data on submissions to the Clearinghouse, ‘‘Each entity that desires an award under section 2043(a) shall submit an application to ticipant’s training shall serve in a high-pov- and disseminate that data widely, including erty local educational agency for at least 3 through the use of electronic dissemination the Secretary at such time, in such manner, and containing such information as the Sec- years. networks. ‘‘(c) REPAYMENT.—The Secretary shall es- retary may require, including— ‘‘(4) SUBMISSION TO CLEARINGHOUSE.—Each tablish such requirements as the Secretary ‘‘(1) a description of the target group of ca- Federal agency or department that develops determines to be appropriate to ensure that reer-changing professionals on which the en- mathematics or science education instruc- program participants who receive a training tity will focus in carrying out a program tional materials or programs, including the stipend or other financial incentive under under this chapter, including a description of subsection (a)(2), but fail to complete their National Science Foundation and the De- the characteristics of that target group that service obligation under subsection (b), partment, shall submit copies of that mate- shows how the knowledge and experience of repay all or a portion of such stipend or rials or those programs to the Clearinghouse. the members of the group are relevant to other incentive. ‘‘(5) STEERING COMMITTEE.—The Secretary meeting the purpose of this chapter; may appoint a steering committee to rec- ‘‘(2) a description of how the entity will ‘‘SEC. 2046. EQUITABLE DISTRIBUTION. ommend policies and activities for the Clear- identify and recruit program participants; ‘‘To the extent practicable, the Secretary inghouse. ‘‘(3) a description of the training that pro- shall make awards under this chapter that ‘‘(6) APPLICATION OF COPYRIGHT LAWS.— gram participants will receive and how that support programs in different geographic re- ‘‘(A) CONSTRUCTION.—Nothing in this sec- training will relate to their certification or gions of the Nation. tion shall be construed to allow the use or licensing as teachers; ‘‘Chapter 3—Hometown Teachers copying, in any medium, of any material col- ‘‘(4) a description of how the entity will en- ‘‘SEC. 2051. PURPOSE. lected by the Clearinghouse that is protected sure that program participants are placed ‘‘The purpose of this chapter is to support under the copyright laws of the United with, and teach for, high-poverty local edu- the efforts of high-need local educational States unless the Clearinghouse obtains the cational agencies; agencies to develop and implement com- permission of the owner of the copyright. ‘‘(5) a description of the teacher induction prehensive approaches to recruiting and re- ‘‘(B) COMPLIANCE.—In carrying out this services (which may be provided through in- taining highly qualified teachers, including section, the Clearinghouse shall ensure com- duction programs in existence on the date of recruiting such teachers through Hometown pliance with title 17, United States Code. submission of the application) the program Teacher programs that carry out long-term

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.006 pfrm09 PsN: S03PT1 S3364 CONGRESSIONAL RECORD — SENATE May 3, 2000 strategies to expand the capacity of the com- the grant are part of the agency’s overall ent of a scholarship under this chapter who munities served by the agencies to produce plan for improving the quality of teaching completes a teacher education program local teachers. and student achievement; subsequently— ‘‘SEC. 2052. DEFINITION. ‘‘(8) a description of how the agency will ‘‘(1) teaches in a school district served by ‘‘The term ‘high-need local educational collaborate, as needed, with other institu- a high-need local educational agency, for a agency’ means a local educational agency tions, agencies, or organizations to develop period of time equivalent to the period for that serves an elementary school or sec- and implement the strategies the agency which the recipient received the scholarship; ondary school located in an area in which proposes in the application, including evi- or there is— dence of the commitment of the institutions, ‘‘(2) repays the amount of the funds pro- ‘‘(1) a high percentage (as determined by agencies, or organizations to the agency’s vided through the scholarship. the State in which the agency is located) of activities; ‘‘(b) USE OF REPAID FUNDS.—The Secretary individuals from families with incomes ‘‘(9) a description of the strategies the shall deposit any such repaid funds in an ac- below the poverty line; agency will use to coordinate activities fund- count, and use the funds to carry out addi- ‘‘(2) a high percentage (as determined by ed under the program carried out under this tional activities under this chapter. the State in which the agency is located) of chapter with activities funded through other ‘‘Chapter 4—Early Childhood Educator secondary school teachers not teaching in Federal programs that address teacher short- Professional Development the core academic subjects in which the ages, including programs carried out through ‘‘SEC. 2061. PURPOSE. teachers were trained to teach; or grants to local educational agencies under ‘‘In support of the national effort to attain ‘‘(3) a high percentage (as determined by title I or this title, including chapter 2, if the the first of America’s Education Goals, the the State in which the agency is located) of applicant receives funds from the programs; purpose of this chapter is to enhance the elementary school and secondary school ‘‘(10) a description of how the agency will school readiness of young children, particu- teachers who are not fully qualified teachers. evaluate the progress and effectiveness of larly disadvantaged young children, and to ‘‘SEC. 2053. PROGRAM AUTHORIZED. the Hometown Teacher program, including a prevent them from encountering reading dif- ‘‘From funds made available to carry out description of— ficulties once they enter school, by improv- this chapter under section 2003(2)(B) for each ‘‘(A) the agency’s goals and objectives for ing the knowledge and skills of early child- fiscal year, the Secretary may award grants the program; hood educators who work in communities to high-need local educational agencies to ‘‘(B) the performance indicators that the that have high concentrations of children carry out Hometown Teacher programs and agency will use to measure the program’s ef- living in poverty. other activities described in this chapter. fectiveness; and ‘‘SEC. 2062. PROGRAM AUTHORIZED. ‘‘(C) the measurable outcome measures, ‘‘SEC. 2054. APPLICATIONS. ‘‘(a) GRANTS TO PARTNERSHIPS.—The Sec- ‘‘Each high-need local educational agency such as increased percentages of fully cer- retary shall carry out the purpose of this that desires to receive a grant under section tified or licensed teachers, that the agency chapter by awarding grants, on a competi- 2053 shall submit an application to the Sec- will use to determine the program’s effective basis, to partnerships consisting of— retary at such time, in such manner, and tiveness; and ‘‘(1)(A) one or more institutions of higher containing such information as the Sec- ‘‘(11) an assurance that the agency will education that provide professional develop- retary may require, including— provide to the Secretary such information as ment for early childhood educators who ‘‘(1) a description of the local educational the Secretary determines to be necessary to work with children from low-income families agency’s assessment of the agency’s needs determine the overall effectiveness of pro- in high-need communities; or for teachers, such as the agency’s projected grams carried out under this chapter. ‘‘(B) another public or private, nonprofit shortage of qualified teachers and the per- ‘‘SEC. 2055. PRIORITY. entity that provides such professional devel- centage of teachers serving the agency who ‘‘In awarding grants under this chapter, opment; lack certification or licensure or who are the Secretary may give priority to agencies ‘‘(2) one or more public agencies (including teaching out of field; submitting applications that— local educational agencies, State edu- ‘‘(2) a description of a Hometown Teacher ‘‘(1) focus on increasing the percentage of cational agencies, State human services program that the local educational agency qualified teachers in particular teaching agencies, and State and local agencies ad- plans to develop and implement with the fields, such as mathematics, science, and bi- ministering programs under the Child Care funds made available through the grant, in- lingual education; and and Development Block Grant Act of 1990), cluding a description of— ‘‘(2) focus on recruiting qualified teachers Head Start agencies, or private, nonprofit or- ‘‘(A) strategies the agency will use to— for certain types of communities, such as ganizations; and ‘‘(i) encourage secondary school and mid- urban and rural communities. ‘‘(3) to the extent feasible, an entity with dle school students in schools served by the ‘‘SEC. 2056. USE OF FUNDS. demonstrated experience in providing vio- local educational agency to consider pur- ‘‘(a) MANDATORY USE OF FUNDS.—A local lence prevention education training to edu- suing careers in the teaching profession; and educational agency that receives a grant cators in early childhood education pro- ‘‘(ii) provide support at the undergraduate under this chapter shall use the funds made grams. level to those students who intend to become available through the grant to develop and ‘‘(b) PRIORITY.—In awarding grants under teachers; and implement long-term strategies to address this chapter, the Secretary shall give pri- ‘‘(B) the agency’s plans to streamline the the agency’s teacher shortage, including car- ority to partnerships that include 1 or more hiring timelines in the hiring policies and rying out Hometown Teacher programs such local educational agencies which operate practices of the agency for participants in as the programs described in section 2051. early childhood education programs for chil- the Hometown Teacher program; ‘‘(b) PERMISSIBLE USE OF FUNDS.—A local dren from low-income families in high-need ‘‘(3) a description of the long-term strate- educational agency that receives a grant communities. gies that the agency will use, if any, to re- under this chapter may use the funds made ‘‘(c) DURATION AND NUMBER OF GRANTS.— duce the agency’s teacher attrition rate, in- available through the grant to— ‘‘(1) DURATION.—Each grant under this cluding providing mentoring programs and ‘‘(1) develop and implement strategies to chapter shall be awarded for not more than making efforts to raise teacher salaries and reduce the local educational agency’s teach- 4 years. create more desirable working conditions for er attrition rate, including providing men- ‘‘(2) NUMBER.—No partnership may receive teachers; toring programs, increasing teacher salaries, more than 1 grant under this chapter. ‘‘(4) a description of the agency’s strategy and creating more desirable working condi- ‘‘SEC. 2063. APPLICATIONS. for ensuring that all secondary school teach- tions for teachers; and ‘‘(a) APPLICATIONS REQUIRED.—Any part- ers and middle school teachers in the school ‘‘(2) develop and implement short-term nership that desires to receive a grant under district are fully certified or licensed in an strategies to address the agency’s teacher this chapter shall submit an application to academic subject and are teaching the ma- shortage, including providing scholarships to the Secretary at such time, in such manner, jority of their classes in the subject in which undergraduates who agree to teach in the and containing such information as the Sec- the teachers are certified or licensed; school district served by the agency for a retary may require. ‘‘(5) a description of the short-term strate- certain number of years, providing signing ‘‘(b) CONTENTS.—Each such application gies the agency will use, if any, to address bonuses for teachers, and implementing shall include— the agency’s teacher shortage problem, in- streamlined hiring practices. ‘‘(1) a description of the high-need commu- cluding the strategies the agency will use to ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds nity to be served by the project, including ensure that the teachers that the local edu- made available under this chapter shall be such demographic and socioeconomic infor- cational agency is targeting for employment used to supplement, and shall not supplant, mation as the Secretary may request; are fully certified or licensed; State and local funds expended to carry out ‘‘(2) information on the quality of the early ‘‘(6) a description of the agency’s long-term programs and activities authorized under childhood educator professional development plan for ensuring that the agency’s teachers this chapter. program currently conducted by the institu- have opportunities for sustained, high-qual- ‘‘SEC. 2057. SERVICE REQUIREMENTS. tion of higher education or other provider in ity professional development; ‘‘(a) IN GENERAL.—The Secretary shall es- the partnership; ‘‘(7) a description of the ways in which the tablish such requirements as the Secretary ‘‘(3) the results of the assessment that the activities proposed to be carried out through finds to be necessary to ensure that a recipi- entities in the partnership have undertaken

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.006 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3365 to determine the most critical professional child, language, and literacy development ‘‘(ii) a municipality that is one of the 10 development needs of the early childhood and on early childhood pedagogy; percent of municipalities within the State educators to be served by the partnership ‘‘(2) professional development for early having the greatest numbers of such chil- and in the broader community, and a de- childhood educators in working with par- dren. scription of how the proposed project will ad- ents, based on the best current research on ‘‘(B) DETERMINATION.—In determining dress those needs; child, language, and literacy development which communities are described in subpara- ‘‘(4) a description of how the proposed and parent involvement, so that the edu- graph (A), the Secretary shall use such data project will be carried out, including— cators can prepare their children to succeed as the Secretary determines are most accu- ‘‘(A) how individuals will be selected to in school; rate and appropriate. participate; ‘‘(3) professional development for early ‘‘(2) LOW-INCOME FAMILY.—The term ‘low- ‘‘(B) the types of research-based profes- childhood educators to work with children income family’ means a family with an in- sional development activities that will be who have limited English proficiency, dis- come below the poverty line (as defined by carried out; abilities, and other special needs; the Office of Management and Budget and re- ‘‘(C) how research on effective professional ‘‘(4) professional development to train vised annually in accordance with section development and on adult learning will be early childhood educators in identifying and 673(2) of the Community Services Block used to design and deliver project activities; preventing behavioral problems or violent Grant Act) applicable to a family of the size ‘‘(D) how the project will coordinate with behavior in children; involved for the most recent fiscal year for and build on, and will not supplant or dupli- ‘‘(5) activities that assist and support early which satisfactory data are available. cate, early childhood education professional childhood educators during their first three ‘‘(3) EARLY CHILDHOOD EDUCATOR.—The development activities that exist in the com- years in the field; term ‘early childhood educator’ means a per- munity; ‘‘(6) development and implementation of son who provides care and education to chil- ‘‘(E) how the project will train early child- early childhood educator professional devel- dren at any age from birth through kinder- hood educators to provide services that are opment programs that make use of distance garten. based on developmentally appropriate prac- learning and other technologies; ‘‘Subpart 3—Class Size Reduction tices and the best available research on ‘‘(7) professional development activities re- ‘‘SEC. 2071. GRANT PROGRAM. child, language, and literacy development lated to the selection and use of diagnostic ‘‘(a) PURPOSE.—The purposes of this sec- and on early childhood pedagogy; assessments to improve teaching and learn- tion are— ‘‘(F) how the program will train early ing; and ‘‘(1) to reduce class size through the use of childhood educators to meet the diverse edu- ‘‘(8) data collection, evaluation, and re- fully qualified teachers; cational needs of children in the community, porting needed to meet the requirements of ‘‘(2) to assist States and local educational including children who have limited English this chapter relating to accountability. agencies in recruiting, hiring, and training proficiency, disabilities, or other special ‘‘SEC. 2066. ACCOUNTABILITY. 100,000 teachers in order to reduce class sizes needs; and ‘‘(a) PERFORMANCE INDICATORS.—Simulta- nationally, in grades 1 through 3, to an aver- ‘‘(G) how the project will train early child- neously with the publication of any applica- age of 18 students per regular classroom; and hood educators in identifying and preventing tion notice for grants under this chapter, the ‘‘(3) to improve teaching in those grades so behavioral problems or violent behavior in Secretary shall announce performance indi- that all students can learn to read independ- children; cators for this chapter, which shall be de- ently and well by the end of the 3rd grade. ‘‘(5) a description of— signed to measure— ‘‘(b) ALLOTMENT TO STATES.— ‘‘(A) the specific objectives that the part- ‘‘(1) the quality and assessability of the ‘‘(1) RESERVATION.—From the amount nership will seek to attain through the professional development provided; made available to carry out this subpart for project, and how the partnership will meas- ‘‘(2) the impact of that professional devel- a fiscal year, the Secretary shall reserve not ure progress toward attainment of those ob- opment on the early childhood education more than 1 percent for the Secretary of the jectives; and provided by the individuals who are trained; Interior (on behalf of the Bureau of Indian ‘‘(B) how the objectives and the measure- and Affairs) and the outlying areas for activities ment activities align with the performance ‘‘(3) such other measures of program im- carried out in accordance with this section. indicators established by the Secretary pact as the Secretary determines appro- ‘‘(2) STATE ALLOTMENTS.— under section 2066(a); priate. ‘‘(A) HOLD HARMLESS.— ‘‘(6) a description of the partnership’s plan ‘‘(b) ANNUAL REPORTS; TERMINATION.— ‘‘(i) IN GENERAL.—Subject to subparagraph for institutionalizing the activities carried ‘‘(1) ANNUAL REPORTS.—Each partnership (B) and clause (ii), from the amount made out under the project, so that the activities receiving a grant under this chapter shall re- available to carry out this subpart for a fis- continue once Federal funding ceases; port annually to the Secretary on the part- cal year and not reserved under paragraph ‘‘(7) an assurance that, where applicable, nership’s progress against the performance (1), the Secretary shall allot to each State an the project will provide appropriate profes- indicators. amount equal to the amount that such State sional development to volunteer staff, as ‘‘(2) TERMINATION.—The Secretary may ter- received for the preceding fiscal year under well as to paid staff; and minate a grant under this chapter at any this section or section 310 of the Department ‘‘(8) an assurance that, in developing its time if the Secretary determines that the of Education Appropriations Act, 2000, as the application and in carrying out its project, partnership is not making satisfactory case may be. the partnership has consulted with, and will progress against the indicators. ‘‘(ii) RATABLE REDUCTION.—If the amount consult with, relevant agencies and early ‘‘SEC. 2067. COST-SHARING. made available to carry out this subpart for childhood educator organizations described ‘‘(a) IN GENERAL.—Each partnership shall a fiscal year and not reserved under para- in section 2062(a)(2) that are not members of provide, from other sources, which may in- graph (1) is insufficient to pay the full the partnership. clude other Federal sources— amounts that all States are eligible to re- ‘‘SEC. 2064. SELECTION OF GRANTEES. ‘‘(1) at least 50 percent of the total cost of ceive under clause (i) for such fiscal year, ‘‘(a) CRITERIA.—The Secretary shall select its project for the grant period; and the Secretary shall ratably reduce such partnerships to receive funding on the basis ‘‘(2) at least 20 percent of the project cost amounts for such fiscal year. of the community’s need for assistance and in each year. ‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.— the quality of the applications. ‘‘(b) ACCEPTABLE CONTRIBUTIONS.—A part- ‘‘(i) IN GENERAL.—Subject to clause (ii), for ‘‘(b) GEOGRAPHIC DISTRIBUTION.—In select- nership may meet the requirement of sub- any fiscal year for which the amount made ing partnerships, the Secretary shall seek to section (a) through cash or in-kind contribu- available to carry out this subpart and not ensure that communities in different regions tions, fairly valued. reserved under paragraph (1) exceeds the of the Nation, as well as both urban and ‘‘(c) WAIVERS.—The Secretary may waive amount made available to the States for the rural communities, are served. or modify the requirements of subsection (a) preceding year under the authorities de- ‘‘SEC. 2065. USES OF FUNDS. in cases of demonstrated financial hardship. scribed in subparagraph (A)(i), the Secretary ‘‘(a) IN GENERAL.—Each partnership receiv- ‘‘SEC. 2068. FEDERAL COORDINATION. shall allot to each of those States the per- ing a grant under this chapter shall use the ‘‘The Secretary and the Secretary of centage of the excess amount that is the grant funds to carry out activities that will Health and Human Services shall coordinate greater of— improve the knowledge and skills of early activities under this chapter and other early ‘‘(I) the percentage the State received for childhood educators who are working in childhood programs administered by the two the preceding fiscal year of the total amount early childhood programs that are located in Secretaries. made available to the States under section high-need communities and serve concentra- ‘‘SEC. 2069. DEFINITIONS. 1122; or tions of children from low-income families. ‘‘In this chapter: ‘‘(II) the percentage so received of the total ‘‘(b) ALLOWABLE ACTIVITIES.—Such activi- ‘‘(1) HIGH-NEED COMMUNITY.— amount made available to the States under ties may include— ‘‘(A) IN GENERAL.—The term ‘high-need section 2202(b), as in effect on the day before ‘‘(1) professional development for individ- community’ means— the date of enactment of the Educational Ex- uals working as early childhood educators, ‘‘(i) a municipality, or a portion of a mu- cellence for All Children Act of 2000, or the particularly to familiarize those individuals nicipality, in which at least 50 percent of the corresponding provision of this title, as the with the application of recent research on children are from low-income families; or case may be.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.006 pfrm09 PsN: S03PT1 S3366 CONGRESSIONAL RECORD — SENATE May 3, 2000

‘‘(ii) RATABLE REDUCTIONS.—If the excess (which may include hiring special education ‘‘(4) LIMITATION ON USE FOR SALARIES AND amount for a fiscal year is insufficient to teachers to team-teach with regular teachers BENEFITS.— pay the full amounts that all States are eli- in classrooms that contain both children ‘‘(A) IN GENERAL.—Except as provided in gible to receive under clause (i) for such fis- with disabilities and non-disabled children) subparagraph (B), no funds made available cal year, the Secretary shall ratably reduce and teachers of special needs children, who under this section may be used to increase such amounts for such fiscal year. are certified or licensed within the State, the salaries of, or provide benefits (other ‘‘(c) ALLOCATION TO LOCAL EDUCATIONAL have a baccalaureate degree and dem- than participation in professional develop- AGENCIES.— onstrate the general knowledge, teaching ment and enrichment programs) to, teachers ‘‘(1) ALLOCATION.—Each State that receives skills, and subject matter knowledge re- who are not hired under this section. funds under this section shall allocate a por- quired to teach in the content areas in which ‘‘(B) EXCEPTION.—Funds made available tion equal to not less than 99 percent of the teachers teach; under this section may be used to pay the those funds to local educational agencies, of ‘‘(ii) testing new teachers for academic salaries of teachers hired under section 310 of which— content knowledge, and to meet State cer- the Department of Education Appropriations ‘‘(A) 80 percent of the portion shall be allo- tification or licensing requirements that are Act, 2000. cated to those local educational agencies in consistent with title II of the Higher Edu- ‘‘(e) REPORTS.— proportion to the number of children, age 5 cation Act of 1965; and ‘‘(1) STATE ACTIVITIES.—Each State receiv- through 17, from families with incomes ‘‘(iii) providing professional development ing funds under this section shall prepare below the poverty line (as defined by the Of- (which may include such activities as pro- and submit to the Secretary a biennial re- fice of Management and Budget and revised moting retention and mentoring) for teach- port on activities carried out in the State annually in accordance with section 673(2) of under this section that provides the informa- the Community Services Block Grant Act (42 ers, including special education teachers and teachers of special needs children, in order to tion described in section 6122(a)(2) with re- U.S.C. 9902(2))) applicable to a family of the spect to the activities. size involved, who reside in the school dis- meet the goal of ensuring that all teachers ‘‘(2) PROGRESS CONCERNING CLASS SIZE AND trict served by that local educational agency have the general knowledge, teaching skills, and subject matter knowledge necessary to QUALIFIED TEACHERS.—Each State and local for the most recent fiscal year for which sat- educational agency receiving funds under isfactory data are available, compared to the teach effectively in the content areas in this section shall publicly report to parents number of those children who reside in the which the teachers teach, consistent with on— school districts served by all the local edu- title II of the Higher Education Act of 1965. ‘‘(A) the agency’s progress in reducing cational agencies in the State for that fiscal ‘‘(B) LIMITATION ON TESTING AND PROFES- class size, and increasing the percentage of year; and SIONAL DEVELOPMENT.— classes in core academic areas taught by ‘‘(B) 20 percent of the portion shall be allo- ‘‘(i) IN GENERAL.—Except as provided in fully qualified teachers who are certified or cated to those local educational agencies in clause (ii), a local educational agency may licensed within the State, have bacca- accordance with the relative enrollments of use not more than a total of 25 percent of the laureate degrees, and demonstrate the gen- children, age 5 through 17, in public and pri- funds received by the agency under this sec- eral knowledge, teaching skills, and subject vate nonprofit elementary schools and section for activities described in clauses (ii) ondary schools within the areas served by and (iii) of subparagraph (A). matter knowledge required to teach in the those agencies. ‘‘(ii) WAIVERS.—A local educational agency content areas in which the teachers teach; and ‘‘(2) EXCEPTION.—Notwithstanding para- may apply to the State educational agency graph (1) and subsection (d)(2)(B), if the for a waiver that would permit the agency to ‘‘(B) the impact that hiring additional award to a local educational agency under use more than 25 percent of the funds the fully qualified teachers and reducing class this section is less than the starting salary agency receives under this section for activi- size, has had, if any, on increasing student for a new fully qualified teacher for a school ties described in subparagraph (A)(iii) for the academic achievement. served by that agency who is certified or li- purpose of helping teachers who have not ‘‘(3) PROFESSIONAL QUALIFICATIONS.—Each censed within the State, has a baccalaureate met applicable State and local certification school receiving funds under this section degree, and demonstrates the general knowl- or licensing requirements become certified shall provide to parents, on request, informa- edge, teaching skills, and subject matter or licensed if— tion about the professional qualifications of knowledge required to teach in the content ‘‘(I) the agency is in an Ed-Flex Partner- their child’s teacher. areas in which the teacher teaches, that ship State under the Education Flexibility ‘‘(f) PRIVATE SCHOOLS.—If a local edu- agency may use funds made available under Partnership Act of 1999; and cational agency uses funds made available this section to— ‘‘(II) 10 percent or more of teachers in ele- under this section for professional develop- ‘‘(A) help pay the salary of a full- or part- mentary schools served by the agency have ment activities, the agency shall ensure the time teacher hired to reduce class size, not met the certification or licensing re- equitable participation of private nonprofit which may be done in combination with the quirements, or the State educational agency elementary schools and secondary schools in expenditure of other Federal, State, or local has waived those requirements for 10 percent such activities in accordance with section funds; or or more of the teachers. 6142. Section 6142 shall not apply to other ac- ‘‘(B) pay for activities described in sub- ‘‘(iii) USE OF FUNDS UNDER WAIVER.—If the tivities carried out under this section. section (d)(2)(A)(iii) that may be related to State educational agency approves the local ‘‘(g) LOCAL ADMINISTRATIVE EXPENSES.—A teaching in smaller classes. educational agency’s application for a waiv- local educational agency that receives funds ‘‘(3) STATE ADMINISTRATIVE EXPENSES.—The er under clause (ii), the local educational under this section may use not more than 3 State educational agency for a State that re- agency may use the funds subject to the con- percent of such funds for local administra- ceives funds under this section may use not ditions of the waiver for activities described tive expenses. more than 1 percent of the funds for State in subparagraph (A)(iii) that are needed to ‘‘(h) REQUEST FOR FUNDS.—Each local edu- administrative expenses. ensure that at least 90 percent of the teach- cational agency that desires to receive funds ‘‘(d) USE OF FUNDS.— ers in the elementary schools are certified or under this section shall include in the appli- ‘‘(1) MANDATORY USES.—Each local edu- licensed within the State. cation required under section 2034 a descrip- cational agency that receives funds under ‘‘(C) USE OF FUNDS BY AGENCIES THAT HAVE tion of the agency’s program to reduce class this section shall use those funds to carry REDUCED CLASS SIZE.—Notwithstanding sub- size by hiring additional fully qualified out effective approaches to reducing class paragraph (B), a local educational agency teachers. size through use of fully qualified teachers that has already reduced class size in the ‘‘(i) CERTIFICATION, LICENSING, AND COM- who are certified or licensed within the early elementary grades to 18 or fewer chil- PETENCY.—No funds made available under State, have baccalaureate degrees, and dem- dren (or has already reduced class size to a this section may be used to pay the salary of onstrate the general knowledge, teaching State or local class size reduction goal that any teacher hired with funds made available skills, and subject matter knowledge re- was in effect on November 28, 1999 if that under section 310 of the Department of Edu- quired to teach in the content areas in which goal is 20 or fewer children) may use funds cation Appropriations Act, 2000, unless, by the teachers teach, to improve educational received under this section— the start of the 2000–2001 school year, the achievement for both regular and special ‘‘(i) to make further class size reductions teacher is certified or licensed within the needs children, with particular consideration in kindergarten through third grade; State and demonstrates competency in the given to reducing class size in the early ele- ‘‘(ii) to reduce class size in other grades; or content areas in which the teacher teaches. mentary grades for which some research has ‘‘(iii) to carry out activities to improve ‘‘(j) DEFINITION.—In this section: shown class size reduction is most effective. teacher quality, including professional devel- ‘‘(1) CERTIFIED.—The term ‘certified’ in- ‘‘(2) PERMISSIBLE USES.— opment. cludes certification through State or local ‘‘(A) IN GENERAL.—Each such local edu- ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Each alternative routes. cational agency may use funds made avail- such agency shall use funds made available ‘‘(2) STATE.—The term ‘State’ means each able under this section for— under this section only to supplement, and of the 50 States, the District of Columbia, ‘‘(i) recruiting (including through the use not to supplant, State and local funds that, and the Commonwealth of Puerto Rico.’’. of signing bonuses, and other financial incen- in the absence of funds made available under (b) CONFORMING AMENDMENT.—The Troops- tives), hiring, and training fully qualified this section, would otherwise be expended for to-Teachers Program Act of 1999 (20 U.S.C. regular and special education teachers activities described in this section. 9301 et seq.) is repealed.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.006 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3367 SEC. 202. TECHNICAL ASSISTANCE PROGRAMS. ‘‘Subpart 1—Strengthening the Capacity of required for such fiscal year for carrying out Part B of title II (20 U.S.C. 6671 et seq.) is State and Local Educational Agencies To the activities for which such amount has amended to read as follows: Become Effective, Informed Consumers of been allocated, the Secretary shall make ‘‘PART B—TECHNICAL ASSISTANCE Technical Assistance such amount available for reallocation. Any PROGRAMS ‘‘SEC. 2211. PURPOSE. such reallocation among other States shall ‘‘SEC. 2201. FINDINGS. ‘‘It is the purpose of this subpart to— occur on such dates as the Secretary shall ‘‘Congress finds that— ‘‘(1) provide grants to State and local edu- establish, and shall be made on the basis of ‘‘(1) sustained, high-quality technical as- cational agencies in order to— criteria established by regulation. Any sistance that responds to State and local de- ‘‘(A) respond to the growing demand for in- amount reallocated to a State under this mand, supported by widely disseminated, re- creased local decisionmaking in determining subsection for any fiscal year shall remain search-based information on what con- technical assistance needs and appropriate available for obligation during the suc- stitutes high-quality technical assistance technical assistance services; ceeding fiscal year, and shall be deemed to and how to identify high-quality technical ‘‘(B) encourage States and local edu- be part of the State’s allocation for the year assistance providers, can enhance the oppor- cational agencies to assess their technical in which the amount is obligated. tunity for all children to achieve to chal- assistance needs, and how their various ‘‘SEC. 2214. STATE APPLICATION. lenging State academic content and student sources of funding for technical assistance ‘‘(a) APPLICATION REQUIREMENTS.—Each performance standards; under this Act and from other sources can State desiring a grant under this subpart ‘‘(2) an integrated system for acquiring, best be coordinated to meet those needs (in- shall submit an application to the Secretary using, and supplying technical assistance is cluding their needs to collect and analyze at such time, in such manner, and con- essential to improving programs and afford- data); taining such information as the Secretary ing all children this opportunity; ‘‘(C) build the capacity of State and local may require. Each such application shall ‘‘(3) States, local educational agencies, educational agencies to use technical assist- describe— tribes, and schools serving students with spe- ance effectively and thereby improve their ‘‘(1) the State’s need for, and the capacity cial needs, such as educationally disadvan- ability to provide the opportunity for all of the State educational agency to provide, taged students and students with limited children to achieve to challenging State aca- technical assistance in implementing pro- English proficiency, have clear needs for demic content standards and student per- grams under this Act (including assistance technical assistance in order to use funds formance standards; and on the collection and analysis of data) and in under this Act to provide those students ‘‘(D) assist State and local educational implementing the State plan or policies for with opportunities to achieve to challenging agencies in acquiring high-quality technical comprehensive, standards-based education State academic content standards and stu- assistance; and reform; dent performance standards; ‘‘(2) establish an independent source of ‘‘(2) how the State will use the funds pro- ‘‘(4) current technical assistance and dis- consumer information regarding the quality vided under this subpart to coordinate all its semination efforts are insufficiently respon- of technical assistance activities and pro- sources of funds for technical assistance, in- sive to the needs of States, local educational viders, in order to assist State and local edu- cluding all sources of such funds under this agencies, schools, and tribes for help in iden- cational agencies, and other consumers of Act, into an integrated system of providing tifying their particular needs for technical technical assistance that receive funds under technical assistance to local educational assistance and developing and implementing this Act, in selecting technical assistance agencies, and other local recipients of funds their own integrated systems for using the activities and providers for their use. under this Act, within the State and imple- various sources of funding for technical as- ‘‘SEC. 2212. ALLOCATION OF FUNDS. ment that system; sistance activities under this Act (as well as ‘‘(3) the State educational agency’s plan other Federal, State, and local resources) to ‘‘From the funds appropriated to carry out this subpart for any fiscal year— for using funds from all sources under this improve teaching and learning and to imple- Act to build its capacity, through the acqui- ment more effectively the programs author- ‘‘(1) the Secretary shall first allocate one percent of such funds to the Bureau of Indian sition of outside technical assistance and ized by this Act; and other means, to provide technical assistance ‘‘(5) the Internet and other forms of ad- Affairs and the Outlying Areas, in accord- to local educational agencies and other re- vanced telecommunications technology are ance with their respective needs for such cipients within the State; an important means of providing informa- funds (as determined by the Secretary) to ‘‘(4) how, in carrying out technical assist- tion and assistance in a cost-effective way. carry out activities that meet the purposes ance activities using funds provided from all ‘‘SEC. 2202. PURPOSE. of this subpart; and ‘‘(2) from the remainder of such funds, the sources under this Act, the State will— ‘‘The purpose of this part is to create a ‘‘(A) assist local educational agencies and comprehensive and cohesive, national sys- Secretary shall— schools in providing high-quality education tem of technical assistance and dissemina- ‘‘(A) allocate two-thirds of such remainder to all children served under this Act to tion that is based on market principles in re- to State educational agencies in accordance achieve to challenging academic standards; sponding to the demand for, and expanding with the formula described in section 2213; ‘‘(B) give the highest priority to meeting the supply of, high-quality technical assist- and ance. Such a system shall support States, ‘‘(B) allocate one-third of such remainder the needs of high-poverty, low-performing local educational agencies, tribes, schools, to the 100 local educational agencies with local educational agencies (taking into con- and other recipients of funds under this Act the largest number of children counted under sideration any assistance that such local in implementing standards-based reform and section 1124(c), in accordance with the for- educational agencies may be receiving under improving student performance through— mula described in section 2216. section 2216); and ‘‘(1) the provision of financial support and ‘‘SEC. 2213. FORMULA GRANTS TO STATE EDU- ‘‘(C) give special consideration to local impartial, research-based information de- CATIONAL AGENCIES. educational agencies and other recipients of signed to assist States and high-need local ‘‘(a) FORMULA.—Subject to subsection (b), funds under this Act serving rural and iso- educational agencies to develop and imple- the Secretary shall allocate the funds under lated areas. ment their own integrated systems of tech- section 2212(2)(A) among the States in pro- ‘‘(b) APPROVAL.—The Secretary shall ap- nical assistance and select high-quality tech- portion to the relative amounts each State prove a State’s application for funds under nical assistance activities and providers for would have received for Basic Grants under this subpart if it meets the requirements of use in those systems; subpart 2 of part A of title I of this Act for subsection (a) and is of sufficient quality to ‘‘(2) the establishment of technical assist- the most recent fiscal year, if the Secretary meet the purposes of this subpart. In deter- ance centers in areas that reflect identified had disregarded the allocations under such mining whether to approve a State’s applica- national needs in order to ensure the avail- subpart to local educational agencies that tion, the Secretary shall take into consider- ability of strong technical assistance in are eligible to receive direct grants under ation the advice of peer reviewers. The Sec- those areas; section 2216. retary shall not disapprove any application ‘‘(3) the integration of all technical assist- ‘‘(b) ADJUSTMENTS TO ALLOCATIONS.—The under this section without giving the State ance and information dissemination activi- Secretary shall adjust the allocations under notice and opportunity for a hearing. ties carried out or supported by the Depart- subsection (a), as necessary, to ensure that, ‘‘SEC. 2215. STATE USES OF FUNDS. ment of Education in order to ensure com- of the total amount allocated to States ‘‘(a) IN GENERAL.—The State educational prehensive support for school improvement; under subsection (a) and to local educational agency may use funds provided under this ‘‘(4) the creation of a technology-based sys- agencies under section 2216, the percentage subpart to— tem, for disseminating information about allocated to a State under this section and ‘‘(1) build its capacity (and the capacity of ways to improve educational practices to localities in the State under section 2216 other State agencies that implement pro- throughout the Nation, that reflects input is at least the minimum percentage for the grams under this Act) to use technical as- from students, teachers, administrators, and State described in section 1124(d) for the pre- sistance funds provided under this Act effec- other individuals who participate in, or may vious fiscal year. tively through the acquisition of high-qual- be affected by, the Nation’s educational sys- ‘‘(c) REALLOCATIONS.—If the Secretary de- ity technical assistance, and the selection of tem; and termines that any amount of any State’s al- high-quality technical assistance activities ‘‘(5) national evaluations of effective tech- location under subsection (a) (as adjusted, if and providers, that meet the technical as- nical assistance. necessary, under subsection (b)) will not be sistance needs identified by the State;

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.006 pfrm09 PsN: S03PT1 S3368 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(2) develop, coordinate, and implement an retary may require. Each such application (a)(1) and arrange for the provision of such integrated system— shall describe— professional development services for such ‘‘(A) that provides technical assistance to ‘‘(1) the local educational agency’s need for teachers or school administrators, consistent local educational agencies and other recipi- technical assistance in implementing pro- with applicable State goals and standards ents of funds under this Act within the grams under this Act (including assistance and section 11806 of this Act. State, directly, through contracts, or on the use and analysis of data) and in im- ‘‘SEC. 2219A. CONSUMER INFORMATION. through subgrants to local educational agen- plementing the State’s, or its own, plan or ‘‘(a) The Secretary shall, through one or cies, or other recipients of funds under this policies for comprehensive standards-based more contracts, establish an independent Act, for activities that meet the purposes of education reform; and source of consumer information regarding this subpart; and ‘‘(2) how the local educational agency will the quality and effectiveness of technical as- ‘‘(B) that uses all sources of funds provided use the funds provided under this subpart to sistance activities and providers available to for technical assistance, including all coordinate all its various sources of funds for States, local educational agencies, and other sources of such funds under this Act; and technical assistance, including all sources of recipients of funds under this Act, in select- ‘‘(3) acquire the technical assistance it such funds under this Act and from other ing technical assistance activities and pro- needs to increase opportunities for all chil- sources, into an integrated system for ac- viders for their use. dren to achieve to challenging State aca- quiring and using outside technical assist- ‘‘(b) A contract under this section may be demic content standards and student per- ance and other means of building its own ca- awarded for a period of up to five years. formance standards and to implement the pacity to provide the opportunity for all ‘‘(c) The Secretary may reserve, from the State’s plan or policies for comprehensive children to achieve to challenging State aca- funds appropriated to carry out this subpart standards-based education reform. demic content standards and student per- for any fiscal year, such sums as he deter- ‘‘(b) TYPES OF TECHNICAL ASSISTANCE.—A formance standards implementing programs mines necessary to carry out this section. State’s integrated system of providing tech- under this Act, and implement that system. ‘‘SEC. 2219B. AUTHORIZATION OF APPROPRIA- nical assistance may include assistance on ‘‘(b) APPROVAL.—The Secretary shall ap- TIONS. such activities as the following: prove a local educational agency’s applica- ‘‘For purposes of carrying out this subpart, ‘‘(1) Implementing State standards in the tion for funds under this subpart if it meets there are authorized to be appropriated such classroom, including aligning instruction, the requirements of subsection (a) and is of sums as may be necessary for fiscal year 2001 curriculum, assessments, and other aspects sufficient quality to meet the purposes of and for each of the four succeeding fiscal of school reform with those standards. this subpart. In determining whether to ap- years. ‘‘(2) Collecting, disaggregating, and using prove a local educational agency’s applica- ‘‘Subpart 2—Technical Assistance Centers data to analyze and improve the implemen- tion, the Secretary shall take into consider- Serving Special Needs tation, and increase the impact, of edu- ation the advice of peer reviewers. The Sec- ‘‘SEC. 2221. GENERAL PROVISIONS. cational programs. retary shall not disapprove any application ‘‘In addition to meeting the requirements ‘‘(3) Conducting needs assessments and under this section without giving the local of a particular section of this subpart, all planning intervention strategies that are educational agency notice and opportunity technical assistance providers that receive aligned with State goals and accountability for a hearing. funds under this subpart, all consortia that systems. ‘‘SEC. 2218. LOCAL USES OF FUNDS. receive funds under subpart 2 of part B of ‘‘(4) Planning and implementing effective, ‘‘(a) IN GENERAL.—A local educational title III, and the educational laboratories, research-based reform strategies, including agency described in section 2212(2)(B) may and clearinghouses of the Educational Re- schoolwide reforms, and strategies for mak- use funds provided under section 2216 to— sources Information Center, supported under ing schools safe, disciplined, and drug-free. ‘‘(1) build its capacity to use technical as- the Educational Research, Development, Dis- ‘‘(5) Improving the quality of teaching and sistance funds provided under this Act effec- semination, and Improvement Act (notwith- the ability of teachers to serve students with tively through the acquisition of high-qual- standing any other provision of such title or special needs (including educationally dis- ity technical assistance and the selection of Act), shall— advantaged students and students with lim- high-quality technical assistance activities ‘‘(1) participate in a technical assistance ited English proficiency). and providers that meet its technical assist- network with the Department and other fed- ‘‘(6) Planning and implementing strategies ance needs; erally supported technical assistance pro- to promote opportunities for all children to ‘‘(2) develop, coordinate, and implement an viders in order to coordinate services and re- achieve to challenging State academic con- integrated system of providing technical as- sources; tent standards and student performance sistance to its schools using all sources of ‘‘(2) ensure that the services they provide— standards. funds provided for technical assistance, in- ‘‘(A) are of high quality; ‘‘SEC. 2216. GRANTS TO LARGE LOCAL EDU- cluding all sources of such funds under this ‘‘(B) are cost-effective; CATIONAL AGENCIES. Act; and ‘‘(C) reflect the best information available ‘‘(a) FORMULA.—The Secretary shall allo- ‘‘(3) acquire the technical assistance it from research and practice, including find- cate the funds under section 2212(2)(B) among needs to increase opportunities for all chil- ings and applications such as those made the local educational agencies described dren to achieve to challenging State aca- available through the Regional Educational therein in proportion to the relative demic content standards and student per- Laboratories, Research and Development amounts allocated to each such local edu- formance standards and to implement the Centers, National Clearinghouses, and other cational agency for Basic Grants under sub- State’s, or its own, plan or policies for com- federally supported providers of technical as- part 2 of part A of title I of this Act for the prehensive standards-based education resistance; and most recent fiscal year. form. ‘‘(D) are aligned with State and local edu- ‘‘(b) REALLOCATIONS.—If the Secretary de- ‘‘(b) TYPES OF TECHNICAL ASSISTANCE.—A cation reform efforts; termines that any amount of any local edu- local educational agency may use funds pro- ‘‘(3) in collaboration with State educational agency’s allocation under sub- vided under this subpart for technical assist- cational agencies in the States served, edu- section (a) will not be required for such fiscal ance activities such as those described in cational service agencies (where appro- year for carrying out the activities for which section 2215(b). priate), and representatives of high-poverty, such amount has been allocated, the Sec- ‘‘SEC. 2219. EQUITABLE SERVICES FOR PRIVATE low-performing urban and rural local edu- retary shall make such amount available for SCHOOLS. cational agencies in each State served, de- reallocation. Any such reallocation among ‘‘(a) INFORMATION AND TRAINING.—If a velop a targeted approach to providing tech- other local educational agencies described in State or local educational agency uses funds nical assistance that gives priority to pro- section 2212(2)(B) shall occur on such dates under this subpart to— viding intensive, ongoing services to high- as the Secretary shall establish, and shall be ‘‘(1) provide professional development for poverty local educational agencies and made on the basis of criteria established by teachers or school administrators, it shall schools that are most in need of raising stu- regulation. Any amount reallocated to a provide for such professional development dent achievement (such as schools identified local educational agency under this sub- for teachers or school administrators in pri- as in need of improvement under section section for any fiscal year shall remain vate schools located in the same geographic 1116(c)); available for obligation during the suc- area on an equitable basis; or ‘‘(4) cooperate with the Secretary in car- ceeding fiscal year, and shall be deemed to ‘‘(2) provide information about State edu- rying out activities (including technical as- be part of the local educational agency’s al- cational goals, standards, or assessments, it sistance activities authorized by other pro- location for the year in which the amount is shall, upon request, provide such informa- grams under this Act) such as publicly dis- obligated. tion to private schools located in the same seminating materials and information that ‘‘SEC. 2217. LOCAL APPLICATION. geographic area. are produced by the Department and are rel- ‘‘(a) APPLICATION REQUIREMENTS.—Each ‘‘(b) WAIVER.—If a State or local edu- evant to the purpose, expertise, and mission local educational agency described in section cational agency is prohibited by law from of the technical assistance provider; and 2212(2)(B) that desires a grant under section complying with subsection (a)(1), or the Sec- ‘‘(5) use technology, including electronic 2216 shall submit an application to the Sec- retary determines it has substantially failed dissemination networks and Internet-based retary at such time, in such manner, and or is unwilling to comply with subsection resources, in innovative ways to provide containing such information as the Sec- (a)(1), the Secretary shall waive subsection high-quality technical assistance.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.006 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3369 ‘‘SEC. 2222. CENTERS FOR TECHNICAL ASSIST- there are authorized to be appropriated such ‘‘(E) a description of how the applicant ANCE ON THE NEEDS OF SPECIAL sums as may be necessary for fiscal year 2001 would use technology, particularly the Inter- POPULATIONS. and for each of the four succeeding fiscal net, to disseminate information; and ‘‘(a) PROGRAM AUTHORITY.— years. ‘‘(F) a description of the applicant’s goals ‘‘(1) IN GENERAL.—The Secretary is author- for the center, as well as baseline indicators ized to award grants, contracts, or coopera- ‘‘SEC. 2223. PARENTAL INFORMATION AND RE- SOURCE CENTERS. for each of the goals, a timeline for achiev- tive agreements for each fiscal year to public ‘‘(a) PROGRAM AUTHORITY.— ing the goals, and interim measures of suc- or private nonprofit entities, or consortia of cess toward achieving the goals. such entities, to provide for the operation of ‘‘(1) IN GENERAL.—The Secretary is author- ‘‘(c) MATCHING REQUIREMENTS.—The Fed- two technical assistance centers to provide ized to award grants, contracts, or coopera- eral share of the cost of any center funded training and technical assistance to State tive agreements for each fiscal year to non- under this section shall not exceed 75 per- educational agencies, local educational agen- profit organizations that serve parents (par- cent. The non-Federal share of the cost of a cies, schools, tribes, community-based orga- ticularly those organizations that make sub- center may be provided in cash or in kind, nizations, and other recipients of funds stantial efforts to reach low-income, minor- under this Act concerning— ity, or limited English proficient parents) to fairly evaluated. ‘‘(A) how to address the specific linguistic, establish parental information and resource ‘‘(d) USES OF FUNDS.— cultural, or other needs of limited English centers that— ‘‘(1) IN GENERAL.—Recipients of funds proficient, migratory, Indian, and Alaska ‘‘(A) coordinate the efforts of Federal, awarded under this section shall use such Native students; and State, and local parent education and family funds to support State and local educational ‘‘(B) educational strategies for enabling involvement initiatives; and agencies, schools, and non-profit organiza- those students to achieve to challenging ‘‘(B) provide training, information, and tions in implementing programs that provide State academic content and performance support to— parents with training, information, and sup- standards. ‘‘(i)(I) State educational agencies; port on how to help their children achieve to ‘‘(2) SPECIAL EXPERTISE REQUIRED.—An en- ‘‘(II) local educational agencies, particu- high academic standards. Such activities tity may receive an award under this section larly local educational agencies with high- may include: only if it demonstrates, to the satisfaction of poverty and low-performing schools; and ‘‘(A) Assistance in the implementation of the Secretary, that it has expertise in the ‘‘(III) schools, particularly high-poverty programs that support parents and families areas described in paragraphs (1) (A) and (B). and low-performing schools; and in promoting early language and literacy de- ‘‘(b) DURATION OF AWARD.—Grants, con- ‘‘(ii) organizations that support family- velopment and prepare children to enter tracts, or cooperative agreements under this school partnerships, such as parent teacher school ready to succeed in school. section shall be awarded for a period of up to organizations. ‘‘(B) Assistance in developing networks 5 years. ‘‘(2) AWARD RULE.—In making awards under and other strategies to support the use of re- ‘‘(c) CENTER REQUIREMENTS.— this section, the Secretary shall, to the search-based, proven models of parent edu- ‘‘(1) IN GENERAL.—In order to assist local greatest extent possible, ensure that each cation and family involvement, including educational agencies and schools to provide State is served by at least one recipient of the ‘Parents as Teachers’ and ‘Home Instruc- high-quality education to the students de- such an award. tion Program for Preschool Youngsters’ proscribed in subsection (a)(1)(A), so that they ‘‘(b) APPLICATIONS.— grams, to promote children’s development can achieve to challenging State academic ‘‘(1) IN GENERAL.—Each nonprofit organiza- and learning. content and performance standards, each tion that desires an award under this section ‘‘(C) Assistance in preparing parents to center established under this section shall— shall submit an application to the Secretary communicate more effectively with teachers ‘‘(A) maintain appropriate staff expertise; at such time, and in such manner, as the and other professional educators and support and Secretary shall determine. staff, and providing a means for on-going, ‘‘(B) provide support, training, and assist- ‘‘(2) CONTENTS.—Each application sub- meaningful communication between parents ance to State educational agencies, tribes, mitted under paragraph (1) shall, at a min- and schools. local educational agencies, schools, and imum, include— ‘‘(D) Assistance in developing and imple- other grant recipients under this Act in ‘‘(A) a description of the applicant’s capac- menting parent education and family in- meeting the needs of the students described ity and expertise to implement a grant under volvement programs that increase parental in subsection (a)(1)(A), including the coordi- this section; knowledge about standards-based school re- nation of other Federal programs and State ‘‘(B) a description of how the applicant form. and local programs, resources, and reforms. would use its award to help State and local ‘‘(E) Disseminating information on pro- ‘‘(2) PRIORITY.—Each center assisted under educational agencies, schools, and non-profit grams, resources, and services available at this section shall give priority to providing organizations in the State, particularly the national, State, and local levels that services to schools, including Bureau of In- those making substantial efforts to reach a support parent and family involvement in dian Affairs-funded schools, that educate the large number or percentage of low-income, the education of their school-age children. students described in subsection (a)(1)(A) and minority, or limited English proficient ‘‘(2) TARGETED ACTIVITIES.—Each recipient have the highest percentages or numbers of children— of funds under this section shall use at least children in poverty and the lowest student ‘‘(i) identify barriers to parent or family 75 percent of its award to support activities achievement levels. involvement in schools, and strategies to that serve areas with large numbers or con- ‘‘(d) ACCOUNTABILITY.—To ensure the qual- centrations of low-income families. ity and effectiveness of the centers supported overcome those barriers; and under this section, the Secretary shall— ‘‘(ii) implement high-quality parent edu- ‘‘(e) NATIONAL ACTIVITIES.—For any fiscal ‘‘(1) develop a set of performance indica- cation and family involvement programs year, the Secretary may reserve up to 5 per- tors that assesses whether the work of the that— cent of funds appropriated to carry out this centers assists in improving teaching and ‘‘(I) improve the capacity of parents to par- section for that fiscal year to— learning under this Act for students de- ticipate more effectively in the education of ‘‘(1) provide technical assistance to the scribed in subsection (a)(1)(A); their children; centers funded under this section; and ‘‘(2) conduct surveys every two years of en- ‘‘(II) support the effective implementation ‘‘(2) carry out evaluations of the program tities to be served under this section to de- of research-based instructional activities authorized by this part. termine if such entities are satisfied with that support parents and families in pro- ‘‘(f) DEFINITIONS.—For purposes of this the access to, and quality of, such services; moting early language and literacy develop- section— ‘‘(3) collect, as part of the Department’s re- ment; and ‘‘(1) the term ‘parent education’ includes views of programs under this Act, informa- ‘‘(III) support schools in promoting mean- parent support activities, the provision of re- tion about the availability and quality of ingful parent and family involvement; source materials on child development, par- services provided by the centers, and share ‘‘(C) a description of the applicant’s plan to ent-child learning activities and child that information with the centers; and disseminate information on high-quality rearing issues, private and group educational ‘‘(4) take whatever steps are reasonable parent education and family involvement guidance, individual and group learning ex- and necessary to ensure that each center programs to local educational agencies, periences for the parent and child, and other performs its responsibilities in a satisfactory schools, and non-profit organizations that activities that enable the parent to improve manner, which may include— serve parents in the State; learning in the home; ‘‘(A) termination of an award under this ‘‘(D) a description of how the applicant ‘‘(2) the term ‘Parents as Teachers pro- part (if the Secretary concludes that per- would coordinate its activities with the ac- gram’ means a voluntary early childhood formance has been unsatisfactory) and the tivities of other Federal, State, and local parent education program that— selection of a new center; and parent education and family involvement ‘‘(A) is designed to provide all parents of ‘‘(B) whatever interim arrangements the programs and with national, State, and local children from birth through age 5 with the Secretary determines are necessary to en- organizations that provide parents and fami- information and support such parents need sure the satisfactory delivery of services lies with training, information, and support to give their child a solid foundation for under this section. on how to help their children prepare for suc- school success; ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— cess in school and achieve to high academic ‘‘(B) is based on the Missouri Parents as For purposes of carrying out this section, standards; Teachers model, with the philosophy that

VerDate 27-APR-2000 04:57 May 04, 2000 Jkt 079060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.007 pfrm09 PsN: S03PT1 S3370 CONGRESSIONAL RECORD — SENATE May 3, 2000 parents are their child’s first and most influ- ‘‘(ii) providing technical assistance for the panied by such additional information as the ential teachers; implementation of teaching methods and as- Secretary may reasonably require. Each ‘‘(C) provides— sessment tools for use by elementary and such application shall— ‘‘(i) regularly scheduled personal visits secondary school students, teachers, and ad- ‘‘(1) demonstrate that the eligible entity with families by certified parent educators; ministrators. has expertise in the fields of mathematics ‘‘(ii) regularly scheduled developmental ‘‘(B) NUMBER OF AWARDS.—The Secretary, and science education; screenings; and in accordance with the provisions of this ‘‘(2) demonstrate that the eligible entity ‘‘(iii) linkage with other resources within subsection, shall award at least one grant, will implement and disseminate mathe- the community in order to provide services contract, or cooperative agreement to an eli- matics and science education instructional that parents may want and need, except that gible entity in each region. materials, teaching methods, and assessment such services are beyond the scope of the ‘‘(C) SPECIAL RULE.—In any fiscal year, if tools through a consortium of the region’s Parents as Teachers program; and the amount made available pursuant to sub- mathematics and science education organi- ‘‘(3) the term ‘Home Instruction for Pre- section (h) is less than $4,500,000, then the zations and agencies; school Youngsters program’ means a vol- Secretary may waive the provisions of sub- ‘‘(3) demonstrate that the eligible entity untary early-learning program for parents paragraph (B) and award grants, contracts, will carry out the functions of the regional with one or more children between the ages or cooperative agreements of sufficient size, consortium; of 3 through 5, that— scope, and quality to carry out this sub- ‘‘(4) demonstrate that emphasis will be ‘‘(A) provides support, training, and appro- section. given to programs and activities designed to priate educational materials necessary for ‘‘(D) DESIGNATION.—Each regional consor- meet the needs of groups that are underrep- parents to implement a school-readiness, tium assisted under this subsection shall be resented in, and underserved by, mathe- home instruction program for their child; known as an ‘Eisenhower regional consor- matics and science education; and tium’. ‘‘(5) demonstrate that the business commu- ‘‘(B) includes— ‘‘(2) PERIOD OF AWARD AND REVIEW.— nity in the region served by the regional con- ‘‘(i) group meetings with other parents par- Grants, contracts, or cooperative agreements sortium will play an integral role in design- ticipating in the program; under this section shall be awarded for a pe- ing and supporting the regional consortium’s ‘‘(ii) individual and group learning experi- riod of not more than five years and shall be work; and ences with the parent and child; reviewed before the end of the 30-month pe- ‘‘(6) assure that the eligible entity will ‘‘(iii) provision of resource materials on riod beginning on the date the award is conduct its activities and supervise its per- child development and parent-child learning made. sonnel in a manner that effectively ensures activities; and ‘‘(3) AWARD AMOUNT.—In making awards compliance with the copyright laws of the ‘‘(iv) other activities that enable the par- under this section, the Secretary shall en- United States under title 17, United States ent to improve learning in the home. sure that there is a relatively equal distribu- Code. ‘‘(g) REPORTS.—Each recipient of funds tion of the funds made available among the ‘‘(d) REGIONAL BOARDS.— under this section shall annually submit a regions, except that the Secretary may ‘‘(1) IN GENERAL.—Each eligible entity re- report to the Secretary, on its activities award additional funds to a regional consor- ceiving an award under this section shall es- under this section, in such form and con- tium on the basis of population and geo- tablish a regional board to oversee the ad- taining such information as the Secretary graphical conditions of the region being ministration and establishment of program may reasonably require. A report under this served. priorities for the regional consortium estab- subsection shall include, at a minimum— ‘‘(b) USE OF FUNDS.—Funds provided under lished by such eligible entity. Such regional ‘‘(1) the number and types of activities sup- this section may be used by a regional con- board shall be broadly representative of the ported by the recipient with funds received sortium, under the direction of a regional agencies and organizations participating in under this section; board established under subsection (d), to— the regional consortium. ‘‘(2) activities supported by the recipient ‘‘(1) work cooperatively with the other re- ‘‘(2) PROHIBITION ON USE OF FEDERAL that served areas with high numbers or con- gional consortia, the Eisenhower National FUNDS.—No Federal funds may be used for centrations of low-income families; and Clearinghouse for Science and Mathematics the establishment or operation of a regional ‘‘(3) the progress made by the recipient in Education, and federally funded technical as- board required by paragraph (1), except that achieving the goals included in its applica- sistance providers, to accomplish more effec- at the discretion of a regional board, Federal tion. tively the activities described in this sub- funds may be used to provide assistance such ‘‘(h) GENERAL PROVISIONS.—Notwith- section; as travel and accommodations for board standing any other provision of this ‘‘(2) assist, train, and provide technical as- members who could not otherwise afford to section— sistance to classroom teachers, administra- participate as members of the board. ‘‘(1) no person, including a parent who edu- tors, and other educators to identify, imple- ‘‘(e) PAYMENTS; FEDERAL SHARE; NON-FED- cates a child at home, public school parent, ment, assess, or adapt the instructional ma- ERAL SHARE.— or private school parent, shall be required to terials, teaching methods, and assessment ‘‘(1) PAYMENTS.—The Secretary shall pay participate in any program of parent edu- tools described in subsection (a)(1)(A); to each eligible entity having an application cation or developmental screening pursuant ‘‘(3) provide for the training of classroom approved under subsection (c) the Federal to the provisions of this section; teachers to enable such teachers to instruct share of the cost of the activities described ‘‘(2) no program assisted under this section other teachers, administrators, and edu- in the application. shall take any action that infringes in any cators in the classroom use of the instruc- ‘‘(2) FEDERAL SHARE.—For the purpose of manner on the right of a parent to direct the tional materials, teaching methods, and as- paragraph (1), the Federal share shall be 80 education of their children; and sessment tools described in subsection percent. ‘‘(3) the provisions of section 444(c) of the (a)(1)(A); ‘‘(3) NON-FEDERAL SHARE.—The non-Federal General Education Provisions Act shall ‘‘(4) implement programs and activities de- share of the cost of activities described in apply to organizations that receive awards signed to meet the needs of groups that are the application submitted under subsection under this section. underrepresented in, and underserved by, (c) may be in cash or in kind, fairly evalu- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— mathematics and science education; ated. At least 10 percent of such non-Federal For purposes of carrying out this section, ‘‘(5) collect data on activities assisted share shall be from sources other than the there are authorized to be appropriated such under this section in order to evaluate the Federal Government or State or local gov- sums as may be necessary for fiscal year 2001 effectiveness of the activities of the regional ernment. and for each of the four succeeding fiscal consortia; ‘‘(f) EVALUATION.— years. ‘‘(6) identify exemplary teaching practices ‘‘(1) EVALUATION REQUIRED.—The Sec- ‘‘SEC. 2224. EISENHOWER REGIONAL MATHE- and materials from within the region and retary, through the Office of Educational Re- MATICS AND SCIENCE EDUCATION communicate such practices and materials search and Improvement and in accordance CONSORTIA. to the Eisenhower National Clearinghouse with section 11911, shall collect sufficient ‘‘(a) PROGRAM AUTHORITY.— for Mathematics and Science Education; data on, and evaluate the effectiveness of, ‘‘(1) IN GENERAL.— ‘‘(7) communicate, on a regular basis, with the activities of each regional consortium. ‘‘(A) GRANTS, CONTRACTS, OR COOPERATIVE entities within the region that are delivering ‘‘(2) ASSESSMENT.—The evaluations de- AGREEMENTS AUTHORIZED.—The Secretary, in services to students and teachers of mathe- scribed in paragraph (1) shall include an as- consultation with the Director of the Na- matics and science; and sessment of the effectiveness of the regional tional Science Foundation, is authorized to ‘‘(8) assist in the development and evalua- consortium in meeting the needs of the award grants, contracts, or cooperative tion of State and regional plans and activi- schools, teachers, administrators, and stu- agreements to eligible entities to enable ties that hold promise of bringing about sys- dents in the region. such entities to establish and operate re- temic reform in student performance in ‘‘(3) REPORT.—At the end of each award, gional mathematics and science education mathematics and science. the Secretary shall submit to the Congress a consortia for the purpose of— ‘‘(c) APPLICATION.—Each eligible entity de- report on the effectiveness of the programs ‘‘(i) disseminating exemplary mathematics siring a grant or contract under this section conducted at each regional consortium. and science education instructional mate- shall submit an application to the Secretary ‘‘(g) DEFINITIONS.—For purposes of this rials; and at such time, in such manner, and accom- part:

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.007 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3371 ‘‘(1) The term ‘eligible entity’ means an en- clearinghouses of the Educational Resources secondary school principals to enhance the tity that has demonstrated expertise in Information Center supported under the Edu- leadership skills of such principals. mathematics and science education and is— cational Research, Development, Dissemina- ‘‘(2) AWARD BASIS.—The Secretary shall ‘‘(A) a private nonprofit organization; tion, and Improvement Act (notwithstanding award grants under this section to eligible ‘‘(B) an institution of higher education; any other provision of such part, subpart, or State educational agencies or consortia on ‘‘(C) an elementary or secondary school; Act), to— the basis of criteria that includes— ‘‘(D) a State or local educational agency; ‘‘(i) provide information (including infor- ‘‘(A) the quality of the proposed use of the ‘‘(E) a regional educational laboratory in mation on practices employed in the regions grant funds; and consortium with the research and develop- or States served by the providers) for use in ‘‘(B) the educational need of the State or ment center established under section the system authorized by this subsection; States. 931(c)(1)(B)(i) of the Educational Research, ‘‘(ii) coordinate their activities in order to ‘‘(b) ELIGIBILITY.—To be eligible to receive Development, Dissemination, and Improve- ensure a unified system of technical assist- a grant under subsection (a), a State edu- ment Act of 1994; or ance; or cational agency or consortium shall prepare ‘‘(F) any combination of the entities de- ‘‘(iii) otherwise participate in the system and submit to the Secretary an application scribed in subparagraphs (A) through (E). authorized by this subsection. at such time, in such manner, and con- ‘‘(2) The terms ‘mathematics’ and ‘science’ ‘‘(B) The Secretary shall ensure that— taining such information as the Secretary include the technology education associated ‘‘(i) the dissemination activities author- may require, including an assurance that— with mathematics and science, respectively. ized under this subsection are integrated ‘‘(1) matching funds will be provided in ac- ‘‘(3) The term ‘region’ means a region of with, and do not duplicate, the dissemina- cordance with subsection (e); and the United States served by a regional edu- tion activities of the Office of Educational ‘‘(2) principals were involved in developing cation laboratory that is supported by the Research and Improvement; and the application and the proposed use of the Secretary pursuant to section 405(d)(4)(A)(i) ‘‘(ii) the public has access, through the sys- grant funds. of the General Education Provisions Act (as tem authorized by this subsection, to the ‘‘(c) USE OF FUNDS.—Subject to section such section was in existence on the day pre- latest research, statistics, and other infor- 3(a)(1), a State educational agency or consor- ceding the date of enactment of the Goals mation supported by, or available from, such tium that receives a grant under this section 2000: Educate America Act). Office. shall use amounts received under the grant ‘‘(4) The term ‘regional consortium’ means ‘‘(b) ADDITIONAL ACTIVITIES.—The Sec- to provide assistance to local educational each regional mathematics and science edu- retary is authorized to carry out additional agencies to enable such local educational cation consortium established pursuant to activities, using advanced telecommuni- agencies to provide training and other ac- subsection (a). cations technologies where appropriate, to tivities to increase the leadership and other ‘‘(5) The term ‘State agency for higher edu- assist local educational agencies, State edu- skills of principals in public elementary cation’ means the State board of higher educational agencies, tribes, and other recipi- schools and secondary schools. Such activi- cation or other agency or officer primarily ents of funds under this Act in meeting the ties may include activities— responsible for the State supervision of high- requirements of the Government Perform- ‘‘(1) to enhance and develop school man- er education, or, if there is no such officer or ance and Results Act of 1993. Such assistance agement and business skills; agency, an officer or agency designated for may include information on measuring and ‘‘(2) to provide principals with knowledge the purpose of carrying out this section by benchmarking program performance and stu- of— the Governor or by State law. dent outcomes. ‘‘(A) effective instructional skills and prac- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— tices; and ‘‘SEC. 2232. AUTHORIZATION OF APPROPRIA- ‘‘(B) comprehensive whole-school ap- For purposes of carrying out this section, TIONS. proaches and programs; there are authorized to be appropriated such ‘‘For purposes of carrying out this subpart, ‘‘(3) to improve understanding of the effec- sums as may be necessary for fiscal year 2001 there are authorized to be appropriated such tive uses of educational technology; and for each of the four succeeding fiscal sums as may be necessary for fiscal year 2001 ‘‘(4) to provide training in effective, fair years. and for each of the four succeeding fiscal evaluation of school staff; and years. ‘‘Subpart 3—Technology-Based Technical ‘‘(5) to improve knowledge of State content Assistance Information Dissemination ‘‘Subpart 4—National Evaluation Activities and performance standards. ‘‘SEC. 2231. WEB-BASED AND OTHER INFORMA- ‘‘SEC. 2241. NATIONAL EVALUATION ACTIVITIES. ‘‘(d) AMOUNT OF GRANT.—The amount of a TION DISSEMINATION. The Secretary shall conduct, directly or grant awarded to a State educational agency ‘‘(a) IN GENERAL.—(1)(A) With funds appro- through grants, contracts, or cooperative or consortium under this section shall be de- priated under section 2232 for each fiscal agreements, such activities as the Secretary termined by the Secretary. year, the Secretary is authorized to carry determines necessary to— ‘‘(e) MATCHING REQUIREMENT.— out a national system, through the World- ‘‘(1) determine what constitutes effective ‘‘(1) IN GENERAL.—To be eligible to receive wide Web and other advanced telecommuni- technical assistance; funds under this section, a State educational cations technologies, that supports inter- ‘‘(2) evaluate the effectiveness of the tech- agency or consortium shall provide assur- active information sharing and dissemina- nical assistance and dissemination programs ances satisfactory to the Secretary that non- tion about ways to improve educational authorized by, or assisted under, this part Federal funds will be made available to carry practices throughout the Nation. and the educational laboratories, and clear- out activities under this title in an amount ‘‘(B) In designing and implementing the inghouses of the Educational Resources In- equal to 25 percent of the amount that is pro- system under this subsection, the Secretary formation Center, supported under the Edu- vided to the State educational agency or shall create opportunities for the continuing cational Research, Development, Dissemina- consortium under this section. input of students, teachers, administrators, tion, and Improvement Act (notwithstanding ‘‘(2) WAIVER.—The Secretary shall promul- and other individuals who participate in, or any other provision of such Act); and gate regulations to waive the matching re- may be affected by, the Nation’s educational ‘‘(3) increase the effectiveness of such pro- quirement of paragraph (1) with respect to system. grams.’’. State educational agencies or consortia that ‘‘(C) The Secretary may carry out the pro- the Secretary determines serve low-income SEC. 203. GRANTS TO STATES FOR THE TRAINING gram authorized by this subsection through OF PRINCIPALS. areas. the award of grants, contracts, or coopera- Title II (20 U.S.C. 6671 et seq.) is amended— ‘‘(3) NON-FEDERAL CONTRIBUTIONS.—Non- tive agreements on a competitive basis. (1) by redesignating part E as part J; Federal funds required under paragraph (1) ‘‘(2) The system authorized by this sub- (2) by redesignating sections 2401 and 2402 may be provided in cash or in kind, fairly section shall include information on— as sections 2901 and 2902, respectively; and evaluated, including plant, equipment, or ‘‘(A) stimulating instructional materials (3) by amending part D to read as follows: services. Amounts provided by the Federal that are aligned with challenging content Government, and any portion of any service standards; and ‘‘PART D—GRANTS TO STATES FOR THE subsidized by the Federal Government, may ‘‘(B) successful and innovative practices TRAINING OF PRINCIPALS not be included in determining the amount in— ‘‘SEC. 2301. GRANTS TO STATES FOR THE TRAIN- of such non-Federal funds. ‘‘(i) instruction; ING OF PRINCIPALS. ‘‘(f) RESERVATION.—The Secretary may re- ‘‘(ii) professional development; ‘‘(a) GRANTS.— serve not more than 2 percent of the amount ‘‘(iii) challenging academic content and ‘‘(1) IN GENERAL.—From the sums appro- appropriated under subsection (g) for each student performance standards; priated under subsection (g) and not reserved fiscal year to develop model national pro- ‘‘(iv) assessments; under subsection (f) for any fiscal year, the grams to provide the activities described in ‘‘(v) effective school management; and Secretary shall award grants to eligible subsection (c) to principals. In carrying out ‘‘(vi) such other areas as the Secretary de- State educational agencies or consortia of the preceding sentence the Secretary shall termines are appropriate. State educational agencies to enable such appoint a commission, consisting of rep- ‘‘(3)(A) The Secretary may require the State educational agencies or consortia to resentatives of local educational agencies, technical assistance providers funded under award grants to local educational agencies State educational agencies, departments of this part, or under subpart 2 of part B of title for the provision of professional development education within institutions of higher edu- III, or the educational laboratories and services for public elementary school and cation, principals, education organizations,

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.007 pfrm09 PsN: S03PT1 S3372 CONGRESSIONAL RECORD — SENATE May 3, 2000 community groups, business, and labor, to trained to teach, than the corresponding per- terms and conditions under which assistance examine existing professional development centage for the State, is provided under this part and under which programs and to produce a report on the best as determined by the State. repayment may be required, including— practices to help principals in multiple edu- ‘‘(4) SCHOLARSHIP.—The term ‘scholarship’ ‘‘(A) a description of the procedures re- cation environments across our Nation. The means a scholarship awarded under this part. quired to be established under paragraph (7); report shall be produced not later than 1 ‘‘SEC. 2403. ALLOTMENTS AND GRANTS TO and year after the date of enactment of this Act. STATES. ‘‘(B) a description of the appeals proce- ‘‘(g) APPROPRIATIONS.—There are author- ‘‘(a) GRANTS.—The Secretary may make dures required to be established under para- ized to be appropriated, and there are appro- grants to States, from allotments deter- graph (8); priated, $100,000,000 for each of the fiscal mined under subsection (b), to enable the ‘‘(7) provides for procedures under which a years 2001 through 2005 to carry out this sec- State educational agencies for the States to recipient of assistance under this part who tion.’’. pay for the Federal share of the cost of teaches for less than the period required SEC. 204. SCHOLARSHIPS FOR INVITING NEW awarding scholarships in accordance with under paragraph (5)(B) will have the repay- SCHOLARS TO PARTICIPATE IN RE- this part. ment requirements described in section NEWING EDUCATION. ‘‘(b) ALLOTMENTS.—From the sums appro- 2408(a) reduced or eliminated, consistent Title II (20 U.S.C. 6601 et seq.), as amended priated to carry out this part and not re- with the provisions of section 2408(b); and by section 203, is amended by inserting after served under section 2409(c) for any fiscal ‘‘(8) provides for appeals procedures under part D the following: year, the Secretary shall allot to each eligi- which a recipient may appeal any determina- ‘‘PART E—SCHOLARSHIPS FOR INVITING ble State educational agency an amount that tion of noncompliance with any provision NEW SCHOLARS TO PARTICIPATE IN RE- bears the same relationship to the sums as under this part. NEWING EDUCATION the school-age population in the State, bears ‘‘SEC. 2405. AMOUNT AND DURATION OF AND RE- ‘‘SEC. 2401. SHORT TITLE; PURPOSE. to the school-age population in all States, as LATION TO OTHER ASSISTANCE. ‘‘(a) SHORT TITLE.—This part may be cited determined using the most recently avail- ‘‘(a) LIMITATIONS ON AMOUNT AND DURA- as the ‘Inviting New Scholars to Participate able data from the Bureau of the Census. TION.—Subject to subsection (c), each schol- in Renewing Education Act’. ‘‘(c) FEDERAL SHARE.— arship recipient shall receive a scholarship ‘‘(b) PURPOSE.—The purpose of this part is ‘‘(1) IN GENERAL.—The Federal share of the for each academic year of postsecondary edu- to make available, through grants to the cost described in subsection (a) is 80 percent. cation or study in an alternative certifi- State educational agencies, scholarships to ‘‘(2) NON-FEDERAL SHARE.—The non-Federal cation program described in section 2407(a) individuals who are outstanding students, share of the cost may be provided from State in preparation to become a preschool, ele- who are in their final year of secondary sources in cash or in kind, fairly evaluated, mentary school, or secondary school teacher. school, attending an institution of higher including plant, equipment, and services. No individual shall receive scholarship as- education, or graduates of such an institu- ‘‘SEC. 2404. GRANT APPLICATIONS. sistance under this part for more than 4 tion, and who demonstrate an interest in ‘‘(a) SUBMISSION OF APPLICATIONS.—In years of such postsecondary education or teaching children and youth, in order to en- order to receive a grant under this part, a study, as determined by the State edu- able and encourage those individuals to pur- State educational agency shall submit an ap- cational agency, or a total amount of such sue teaching careers in education at the pre- plication to the Secretary at such time, in assistance that is greater than $20,000. school, elementary, or secondary level. such manner, and containing such informa- ‘‘(b) CONSIDERATION OF AWARD IN OTHER ‘‘SEC. 2402. DEFINITIONS. tion as the Secretary may require. PROGRAMS.—Notwithstanding the provisions ‘‘In this part: ‘‘(b) CONTENT OF APPLICATIONS.—The appli- of title IV of the Higher Education Act of ‘‘(1) ALTERNATIVE CERTIFICATION PRO- cation shall contain information that— 1965, scholarship assistance awarded pursu- GRAM.—The term ‘alternative certification ‘‘(1) describes the selection criteria and ant to this part shall be considered in deter- program’ means a program to obtain teacher procedures to be used by the State edu- mining eligibility for student assistance certification through an alternative route cational agency in the selection of scholar- under such title IV. designated by the State. ship recipients under this part; ‘‘(c) ASSISTANCE NOT TO EXCEED COST OF ‘‘(2) ALTERNATIVE ROUTE.—The term ‘alter- ‘‘(2) designates the State educational agen- ATTENDANCE.—No individual shall receive as- native route’, used with respect to certifi- cy as the State agency responsible for ad- sistance for a scholarship under this part, in cation, means a route to certification that— ministering the grants received under this any academic year, that exceeds the cost of ‘‘(A) includes strong academic and peda- part; attendance, as defined in section 472 of the gogical course work that provides a can- ‘‘(3) describes the outreach effort the State Higher Education Act of 1965, at the institu- didate seeking to become a teacher with the educational agency intends to use to pub- tion the individual is attending or such cost subject matter knowledge and teaching licize the availability of the scholarships to of attendance for an alternative certification knowledge needed to help students meet a eligible applicants in the State; program. A scholarship awarded under this State’s curriculum standards; ‘‘(4) describes how the State educational part shall not be reduced on the basis of the ‘‘(B) provides intensive field experience in agency will inform recipients, on receipt of student’s receipt of other forms of Federal the form of an internship, or student teach- the scholarship awards, of current and pro- student financial assistance, but shall be ing, under the direct daily supervision of an jected teacher shortages and surpluses with- taken into account in determining the eligi- expert, veteran teacher; in the State; bility of the student for the other forms of ‘‘(C) ensures that the candidate meets ‘‘(5) provides assurances that each recipi- Federal student financial assistance. standards that are at least as rigorous as the ent of scholarship assistance will enter into ‘‘(d) SUPPLEMENT, NOT SUPPLANT.—Funds State’s standards for subject matter knowl- an agreement with the State educational appropriated pursuant to the authority of edge and teaching knowledge that are re- agency under which the recipient will— this part shall be used to supplement and not quired for traditional teacher certification ‘‘(A) complete the program of postsec- supplant other Federal, State, and local pub- or licensing (not certification through such a ondary education or alternative certification lic funds expended to provide services for eli- route); and program, as described in section 2407(a)(1), gible individuals. ‘‘(D) is provided through a program that for which the scholarship was awarded; ‘‘SEC. 2406. SELECTION OF SCHOLARSHIP RECIPI- meets all of the State’s quality standards for ‘‘(B)(i) obtain certification or licensing as ENTS. program approval, including standards that a teacher (that is not temporary or emer- ‘‘(a) SELECTION CRITERIA AND PROCE- pertain to teacher candidate test perform- gency certification or licensing); and DURES.—The State educational agency shall ance and other outcomes. ‘‘(ii) teach in a private nonprofit or public establish criteria and procedures for the se- ‘‘(3) HIGH-NEED.—The term ‘high-need’, preschool, or a public elementary school or lection of scholarship recipients. The cri- used with respect to a school district, means secondary school, in a high-need school dis- teria shall be intended to attract highly a school district in which— trict, for a period of not less than 1 year for qualified individuals into teaching, and to ‘‘(A) not less than 30 percent of the chil- each $5,000 of the assistance received; meet the present and projected needs of dren served by the local educational agency ‘‘(C) provide to the Secretary evidence of States in addressing teacher shortages, infor the school district are children eligible to compliance with section 2407 as required by cluding the demand for and supply of early be counted under section 1124(c)(2); and the Secretary; and childhood and elementary school teachers in ‘‘(B) the elementary schools and secondary ‘‘(D) repay all or part of a scholarship, plus the State, the demand for and supply of sec- schools— pay interest and, if applicable, reasonable ondary school teachers in the State, and the ‘‘(i) have a higher teacher turnover rate collection fees, in compliance with regula- demand for teachers with training in specific than the corresponding rate for the State in tions issued by the Secretary under section academic subjects in the State. which the school district is located; 2408(a), in the event that the recipient does ‘‘(b) RESERVATION OF SCHOLARSHIP ‘‘(ii) have a higher percentage of not comply with the conditions described in FUNDS.—In awarding the funds made avail- uncertified or unlicensed teachers than the subparagraphs (A) and (B), except as pro- able to a State educational agency under corresponding percentage for the State; or vided for in section 2408(b) or procedures de- this part for scholarships, the State edu- ‘‘(iii) have a higher percentage of sec- scribed in paragraph (7); cational agency shall reserve not less than 30 ondary school teachers not teaching in the ‘‘(6) provides that the agreement entered percent of the funds for scholarships to stu- academic subject in which the teachers were into with recipients will fully disclose the dents that intend to teach in an academic

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subject that the State educational agency ‘‘(3) repayment would pose particular hard- ‘‘(2) DURATION.—The Secretary shall award determines is a subject shortage area, such ship for the recipient, as determined by the grants under this subsection for periods of as mathematics, science, or special edu- Secretary; or not more than 5 years. cation. ‘‘(4) the recipient satisfies the provisions of ‘‘(b) GEOGRAPHIC DISTRIBUTION.—To the ‘‘SEC. 2407. SCHOLARSHIP CONDITIONS. additional repayment exceptions that may maximum extent practicable, the Secretary be prescribed by the Secretary in regulations shall award the grants so that the grants are ‘‘(a) EVIDENCE OF ENROLLMENT.—An indi- issued pursuant to this part. distributed among the local educational vidual who is a recipient of scholarship as- agencies with higher percentages of new sistance under this part shall continue to re- ‘‘SEC. 2409. EVALUATION. teachers, or lower percentages of certified or ceive such scholarship assistance only during ‘‘(a) IN GENERAL.—The Secretary shall con- licensed teachers, than the corresponding such periods as the Secretary finds that the duct, by grant or contract, an independent percentages for the States in which the agen- recipient is— evaluation of the scholarship assistance pro- cies are located. ‘‘(1)(A)(i) enrolled as a full-time student in gram carried out under this part, which shall summarize and evaluate the State activities ‘‘(c) AMOUNT.—The amount of each grant a program of postsecondary education at an shall be determined based on— accredited institution of higher education assisted under this part and the performance of such program. The evaluation shall assess ‘‘(1) the total amount appropriated for a that includes a teacher education program fiscal year under section 2508 and made that is approved by the agency; and the impact of the scholarship program assisted under this part to determine whether available to carry out this part; and ‘‘(ii) pursuing a major or minor in the aca- ‘‘(2) the extent of the concentration of nov- demic subject that the individual intends to such program has brought into teaching a significant number of highly able individuals ice teachers in the school district involved. teach; ‘‘(d) AUTHORIZED ACTIVITIES.— ‘‘(B)(i) enrolled as a full-time student in a who otherwise would not have entered teaching. ‘‘(1) ALLOCATION BY ACTIVITY.—A local edu- graduate program of postsecondary educational agency that receives a grant under cation at an institution described in sub- ‘‘(b) EVALUATION REPORTS.—The Secretary shall submit to the President, the Com- subsection (a) for a mentor teacher program paragraph (A); and shall use— ‘‘(ii) pursuing a degree in the academic mittee on Education and the Workforce of the House of Representatives, and the Com- ‘‘(A) not less than 75 percent of the funds subject that the individual intends to teach; made available through the grant to pay for or mittee on Health, Education, Labor, and Pensions of the Senate— the Federal share of the cost of obtaining the ‘‘(C) enrolled in an alternative certifi- services of the mentor teachers; and cation program; ‘‘(1) such interim evaluation reports as may be appropriate; and ‘‘(B) not more than 25 percent of the funds ‘‘(2) pursuing a course of study leading to to pay for other costs related to the develop- teacher certification or licensing in the pro- ‘‘(2) not later than September 30, 2005, a final report containing the results of the ment and implementation of the mentor gram of postsecondary education or alter- teacher program. native certification program involved; and evaluation. ‘‘(c) FUNDING.—The Secretary shall re- ‘‘(2) TRAINING.—The mentor teacher pro- ‘‘(3) maintaining satisfactory progress, as gram shall provide training to novice teach- determined by the institution of higher edu- serve, from the amounts appropriated pursuant to section 2410 for fiscal years 2001 ers on effective teaching techniques (includ- cation, or the entity providing the alter- ing techniques relating to class discipline native certification program, that the recipi- through 2005, the minimum amount necessary to carry out this section. and curriculum development) through obser- ent is attending. vation, instruction, coaching, and mentoring ‘‘SEC. 2410. AUTHORIZATION OF APPROPRIA- ‘‘(b) EVIDENCE OF EMPLOYMENT.—An indi- TIONS. by mentor teachers. vidual who is a recipient of scholarship as- ‘‘(a) IN GENERAL.—There is authorized to ‘‘(3) FEDERAL SHARE.— sistance under this part shall supply to the be appropriated to carry out this part ‘‘(A) IN GENERAL.—The Federal share of the Secretary, not later than 27 months after the $100,000,000 for each of fiscal years 2001 cost described in paragraph (1)(A) is 75 per- date the recipient completes the program of through 2005. cent. postsecondary education or alternative cer- ‘‘(b) AVAILABILITY.—Any amounts appro- ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- tification program for which the scholarship priated pursuant to the authority of sub- eral share of the cost may be provided from was awarded, evidence of employment as a section (a) shall remain available until ex- State sources in cash or in kind, fairly evalu- teacher in a private nonprofit or public pre- pended.’’. ated, including plant, equipment, and serv- school, or a public elementary school or sec- ices. SEC. 205. MENTOR TEACHER PROGRAM. ondary school. ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Funds Title II, as amended by section 204, is ‘‘(c) TRACKING.—The Secretary shall con- appropriated pursuant to the authority of amended by inserting after part E the fol- duct such oversight and evaluation as may this part shall be used to supplement and not lowing: be necessary to assure compliance with this supplant other Federal, State, and local pub- section. ‘‘PART F—MENTOR TEACHER PROGRAM lic funds expended to provide services for eli- ‘‘SEC. 2408. SCHOLARSHIP REPAYMENT PROVI- ‘‘SEC. 2501. PURPOSES. gible individuals. SIONS. ‘‘The purposes of this part are to give local ‘‘SEC. 2504. APPLICATIONS. ‘‘(a) REPAYMENT.—Recipients of scholar- educational agencies the resources to estab- ‘‘A local educational agency desiring a ships who are found by the Secretary to be in lish mentor teacher programs to enable ex- grant under section 2503 shall submit an ap- violation of the agreement entered into perienced teachers to train, support, and plication to the Secretary at such time, in under section 2404(b)(5) shall be required— mentor novice teachers. such manner, and accompanied by such in- ‘‘(1) to repay a pro rata amount of the ‘‘SEC. 2502. DEFINITIONS. formation as the Secretary may reasonably scholarship assistance received; and ‘‘In this part: require. ‘‘(2) to pay interest (but in no event at an ‘‘(1) BOARD CERTIFIED.—The term ‘board ‘‘SEC. 2505. PAYMENTS. interest rate higher than the rate applicable certified’ means successful completion of all ‘‘(a) IN GENERAL.—Grant payments shall be to loans in the applicable period under part requirements to be certified by the National made under this part on an annual basis. B of title IV of the Higher Education Act of Board for Professional Teaching Standards ‘‘(b) ADMINISTRATIVE COSTS.—Each local 1965), and, in applicable cases, to pay reason- in the academic subject in which a teacher is educational agency that receives a grant able collection fees, on a schedule and at a teaching. under section 2503 shall use not more than 2 rate of interest to be prescribed by the Sec- ‘‘(2) MENTOR TEACHER.—The term ‘mentor percent of the amount awarded under the retary in regulations issued pursuant to this teacher’ means a teacher who— grant for administrative costs. part. ‘‘(A) is fully certified or licensed; ‘‘(c) DENIAL OF GRANT.—If the Secretary ‘‘(b) DEFERRAL DURING CERTAIN PERIODS.— ‘‘(B) has demonstrated mastery of peda- determines that a local educational agency A recipient shall not be considered to be in gogical and subject matter skills (such as by has failed to make substantial progress in violation of the agreement entered into becoming board certified); and attaining such performance objectives and under section 2404(b)(5) during any period ‘‘(C) has provided evidence of superior goals as the Secretary may require the agen- during which— teaching abilities and interpersonal relation- cy to establish, such an agency shall not be ‘‘(1) the recipient is enrolled in, pursuing ship characteristics. eligible for a grant payment under this part an appropriate course of study in, and main- ‘‘(3) NOVICE TEACHER.—The term ‘novice in the next succeeding year. taining satisfactory progress in, a program teacher’ means a teacher who has been ‘‘SEC. 2506. REPORTS. of postsecondary education or an alternative teaching not more than 3 years at a public ‘‘The Secretary shall prepare and submit certification program, as described in sec- elementary school or secondary school. to the Committee on Health, Education, tion 2407(a); ‘‘SEC. 2503. PROGRAM AUTHORIZED. Labor, and Pensions of the Senate and the ‘‘(2) the recipient is seeking and unable to ‘‘(a) AUTHORITY.— Committee on Education and the Workforce find full-time employment as a teacher in a ‘‘(1) IN GENERAL.—The Secretary is author- of the House of Representatives a report of private nonprofit or public preschool, or a ized to award grants, on a competitive basis, program activities funded under this part. public elementary school or secondary to local educational agencies to develop and ‘‘SEC. 2507. MATCHING REQUIREMENT. school, for a single period of not to exceed 27 implement mentor teacher programs as de- ‘‘The Secretary may not award a grant to months; scribed in subsection (d). a local educational agency under section 2503

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.007 pfrm09 PsN: S03PT1 S3374 CONGRESSIONAL RECORD — SENATE May 3, 2000 unless the local educational agency agrees nonprofit public telecommunications enti- part shall submit an application to the Sec- that, with respect to costs to be incurred by ties, and national education professional as- retary at such time, in such manner, and ac- the agency in carrying out activities for sociations that have developed content companied by such information as the Sec- which the grant was awarded, the agency standards in the relevant subject areas; retary may reasonably require. shall provide (directly or through donations ‘‘(3) provide an assurance that a significant ‘‘SEC. 2814. MATCHING REQUIREMENT. from public or private entities) in non-Fed- portion of the benefits available for elemen- ‘‘An eligible entity receiving a grant, con- eral contributions an amount equal to 25 per- tary schools and secondary schools from the tract, or cooperative agreement under this cent of the amount of the grant awarded to project for which the assistance is being part shall contribute to the activities as- the agency. sought will be available to schools of local sisted under this part non-Federal matching ‘‘SEC. 2508. AUTHORIZATION OF APPROPRIA- educational agencies which have a high per- funds in an amount equal to not less than 100 TIONS. centage of children counted under section percent of the amount of the grant, contract, ‘‘There is authorized to be appropriated to 1124(c); and or cooperative agreement. Non-Federal funds carry out this part $50,000,000 for each of fis- ‘‘(4) contain such additional assurances as may include funds provided from a non-Fed- cal years 2001 through 2005.’’. the Secretary may reasonably require. eral source for the transition to digital SEC. 206. TEACHER TECHNOLOGY PREPARATION ‘‘(b) APPROVAL, NUMBER OF SITES.—In ap- broadcasting, as well as in-kind contribu- ACADEMIES. proving applications under this section, the tions. Title II, as amended by section 205, is Secretary shall ensure that the program au- ‘‘SEC. 2815. ADMINISTRATIVE COSTS. amended by inserting after part F the fol- thorized by this part is conducted at elemen- ‘‘With respect to the implementation of lowing: tary school and secondary school sites in at this part, entities receiving a grant, con- least 15 States. ‘‘PART G—TEACHER TECHNOLOGY tract, or cooperative agreement under this PREPARATION ACADEMIES ‘‘SEC. 2703. AUTHORIZATION OF APPROPRIA- part may use not more than 5 percent of the TIONS. ‘‘SEC. 2601. TEACHER TECHNOLOGY PREPARA- amounts received under the grant, contract, ‘‘There are authorized to be appropriated or cooperative agreement for the normal and TION ACADEMIES. to carry out this part, $20,000,000 for fiscal ‘‘(a) GRANTS.—The Secretary is authorized customary expenses of administering the year 2001, and such sums as may be necessary grant. to award grants, on a competitive basis, to for each of the 4 subsequent fiscal years. State educational agencies to enable the ‘‘SEC. 2816. AUTHORIZATION OF APPROPRIA- State educational agencies to establish ‘‘PART I—DIGITAL EDUCATION CONTENT TIONS. Teacher Technology Preparation Academies COLLABORATIVE ‘‘There are authorized to be appropriated within the State that— ‘‘SEC. 2811. DIGITAL EDUCATION CONTENT COL- to carry out this part, $25,000,000 for fiscal ‘‘(1) provide teachers, librarians, and li- LABORATIVE. year 2001, and such sums as may be necessary brary media specialists with training to ac- ‘‘(a) IN GENERAL.—The Secretary may for each of the 4 subsequent fiscal years.’’. quire or upgrade technology skills in order award grants to, or enter into contracts or TITLE III—TECHNOLOGY FOR EDUCATION cooperative agreements with, eligible enti- to use technology effectively in the class- SEC. 300. SHORT TITLE. ties described in section 2812(b) to develop, room; Section 3101 (20 U.S.C. 6801) is amended by produce, and distribute educational and in- ‘‘(2) have training plans developed by a striking ‘‘of 1994’’. local educational agency; and structional video programming that is de- PART A—FEDERAL LEADERSHIP AND ‘‘(3) encourage teachers, librarians, and li- signed for use by kindergarten through grade NATIONAL ACTIVITIES brary media specialists trained at the acad- 12 schools and based on State standards. emies to return to their schools and act as ‘‘(b) AVAILABILITY.—In awarding grants, SEC. 301. FINDINGS. technology instructors for other teachers, li- contracts, or cooperative agreements under Section 3111 (20 U.S.C. 6811) is amended— brarians, and library media specialists. subsection (a), the Secretary shall ensure (1) by amending paragraph (1) to read as ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— that eligible entities enter into multiyear follows: There are authorized to be appropriated to content development collaborative arrange- ‘‘(1) technology can— carry out this section $50,000,000 for fiscal ments with State educational agencies, local ‘‘(A) support education improvement ef- year 2001 and each of the 4 subsequent fiscal educational agencies, institutions of higher forts by expanding available resources and years.’’. education, businesses, or other agencies and reshaping instruction, teaching, and learning organizations. environments; and SEC. 207. NEW CENTURY PROGRAM AND DIGITAL EDUCATION CONTENT COLLABO- ‘‘SEC. 2812. EDUCATIONAL PROGRAMMING. ‘‘(B) when used effectively and aligned RATIVE. ‘‘(a) AWARDS.—The Secretary shall award with challenging State academic content Title II, as amended by section 206, is grants, contracts, or cooperative agreements and performance standards, support teacher amended by inserting after part G, the fol- under this part to eligible entities to facili- capacity to create classrooms where stu- lowing: tate the development of educational pro- dents develop higher-order thinking and in- gramming that shall— formation technology skills;’’; ‘‘PART H—THE NEW CENTURY PROGRAM ‘‘(1) include student assessment tools to (2) by amending paragraph (3) to read as FOR DISTRIBUTED TEACHER PROFES- provide feedback on student performance; follows: SIONAL DEVELOPMENT ‘‘(2) include built-in teacher utilization ‘‘(3) the Federal Government— ‘‘SEC. 2701. PROJECT AUTHORIZED. and support components to ensure that ‘‘(A) has played an integral role in expand- ‘‘(a) PURPOSE.—It is the purpose of this teachers understand and can easily use the ing and improving access to technology as an part to carry out a program designed to as- content of the programming with group in- important tool for teaching and learning; sist elementary school and secondary school struction or for individual student use; and teachers in preparing all students for achiev- ‘‘(3) be created for, or adaptable to, State ‘‘(B) can continue to serve as a catalyst in ing State content standards. content standards; and bringing effective uses for education tech- ‘‘(b) GRANTS.—The Secretary may make a ‘‘(4) be capable of distribution through dig- nology to the classroom by providing sup- grant to a nonprofit telecommunications en- ital broadcasting and school digital net- port for— tity, or a partnership of such entities, for the works. ‘‘(i) access to technology; purpose of carrying out a national tele- ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to ‘‘(ii) the development of educational soft- communications-based program to improve receive a grant, contract, or cooperative ware and web-based learning resources; and teaching in core curriculum areas to achieve agreement under section 2811(a), an entity ‘‘(iii) sustained and intensive, high- quality the purpose described in subsection (a). shall be a local public telecommunications professional development that is aligned ‘‘SEC. 2702. APPLICATION. entity as defined in section 397(12) of the with challenging State academic content ‘‘(a) IN GENERAL.—Each nonprofit tele- Communications Act of 1934 that is able to and performance standards;’’; communications entity, or partnership of demonstrate a capacity for the development (3) by amending paragraph (5) to read as such entities, desiring a grant under this and distribution of educational and instruc- follows: part shall submit an application to the Sec- tional television programming of high qual- ‘‘(5) a 1996 Department of Commerce study retary. Each such application shall— ity. found that, by the year 2000, 60 percent of all ‘‘(1) demonstrate that the applicant will ‘‘(c) COMPETITIVE BASIS.—Grants, con- jobs will require computer-related skills, and use the public broadcasting infrastructure tracts, or cooperative agreements under this other studies show that women and some mi- and school digital networks, where available, part shall be awarded on a competitive basis norities are underrepresented in the informa- to deliver video and data in an integrated as determined by the Secretary. tion technology workforce; service to train teachers in the use of stand- ‘‘(d) DURATION.—Each grant, contract, or (4) by striking paragraph (7); ards-based curricula materials and learning cooperative agreement under this part shall (5) in paragraph (8), by striking ‘‘acquisi- technologies; be awarded for a period of 3 years in order to tion and maintenance’’ and inserting ‘‘acqui- ‘‘(2) provide an assurance that the project allow time for the creation of a substantial sition, maintenance, and ongoing support’’; for which the assistance is being sought will body of significant content. (6) by striking paragraphs (9) and (11); be conducted in cooperation with appro- ‘‘SEC. 2813. APPLICATIONS. (7) in paragraph (12), by adding ‘‘and’’ at priate State educational agencies, local edu- ‘‘Each eligible entity desiring a grant, con- the end thereof; cational agencies, national, State, or local tract, or cooperative agreement under this (8) by striking paragraph (13);

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.007 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3375 (9) by amending paragraph (14) to read as ‘‘(12) the Federal Government should sup- ‘‘(11) increase the capacity of State and follows: port efforts to ensure the accessibility of all local educational agencies to improve stu- ‘‘(14) the rapidly changing nature of tech- educational technology, not just assistive dent achievement, particularly that of stu- nology, among other factors, requires the technology, to students with disabilities dents in high-poverty, low-performing Department to maintain a leadership role in through strategies such as universal design; schools; developing a national vision and strategies ‘‘(13) although 25 States have some require- ‘‘(12) promote the formation of partner- for bringing effective technology applica- ment for computer education for teacher li- ships and consortia to stimulate the develop- tions and practices to all classrooms and all censure, only two States require teacher ment of, and new uses for, technology in educational programs through such activi- candidates to show that they can use tech- teaching and learning; ties as— nology, and only three States require par- ‘‘(13) support the creation or expansion of ‘‘(A) developing and carrying out a strat- ticipation in technology training, as a pre- community technology centers that will pro- egy for an ongoing evaluation of existing and requisite for license renewal; vide disadvantaged residents of economically anticipated future uses of educational tech- ‘‘(14) according to a 1998 National Center distressed urban and rural communities with nology to better inform the Federal role in for Education Statistics survey, only 20 per- access to information technology and related supporting the use of educational tech- cent of full-time K–12 teachers feel fully pre- training; nology, stimulate reform and innovation in pared to integrate technology into classroom ‘‘(14) help to ensure that technology is ac- teaching and learning with technology, and instruction;’’. cessible to, and usable by, all students, par- further the development of advanced tech- SEC. 302. STATEMENT OF PURPOSE. ticularly students with disabilities or lim- nology; Section 3112 (20 U.S.C. 6812) is amended to ited English proficiency; and ‘‘(B) evaluating and assessing technology read as follows: ‘‘(15) assist every student in crossing the programs; ‘‘SEC. 3112. STATEMENT OF PURPOSE. digital divide by ensuring that every child is ‘‘(C) disseminating information; ‘‘To help all students to develop technical computer literate by the time the child fin- ‘‘(D) coordinating with public and private and higher-order thinking skills and to ishes 8th grade, regardless of the child’s race, partnerships; and achieve to challenging State academic con- ethnicity, gender, income, geography, or dis- ‘‘(E) convening expert panels to identify ef- tent and performance standards, as well as ability.’’. fective uses of educational technology;’’; (10) by striking paragraph (15); America’s Education Goals, it is the purpose SEC. 303. PROHIBITION AGAINST SUPPLANTING. (11) by redesignating paragraphs (2), (3), (4), of this title to— (a) REPEAL.—Section 3113 (20 U.S.C. 6813) is (5), (6), (8), (10), (12), and (14) as paragraphs ‘‘(1) help provide all classrooms with access repealed. (4), (5), (9), (10), (15), (16), (17), (18), and (19), to educational technology through support (b) PROHIBITION.—Title III (20 U.S.C.6801 et respectively; for the acquisition of advanced multimedia seq.) is amended by inserting after section (12) by inserting after paragraph (1) the fol- computers, Internet connections, and other 3112 the following: lowing new paragraphs: technologies; ‘‘SEC. 3113. SUPPLEMENT, NOT SUPPLANT. ‘‘(2) the cost of processing, storing, and ‘‘(2) help ensure access to, and effective use ‘‘A recipient of funds awarded under this transmitting information continues to plum- of, educational technology in all classrooms title shall use such funds only to supplement met, making new advances in computer and through the provision of sustained and inten- the amount of funds or resources that would, telecommunications technology more avail- sive, high-quality professional development in the absence of such Federal funds, be able to schools; that improves teachers’ capability to inte- made available from non-Federal sources for ‘‘(3) by providing students with a rapidly grate educational technology effectively into the purposes of the programs authorized expanding educational resource base, and a their classrooms by actively engaging stu- under this title, and not to supplant such unique means of developing content knowl- dents and teachers in the use of technology; non-Federal funds or resources.’’. ‘‘(3) help improve the capability of teach- edge, improvements in software and other SEC. 304. REPEALS. technology applications (such as high-qual- ers to design and construct new learning ex- Sections 3114 and 3115 (20 U.S.C. 6814, 6815) ity video, voice recognition, modeling and periences using technology, and actively en- and subpart 4 of part A of title III (20 U.S.C. simulation, and intelligent tutoring and vir- gage students in that design and construc- 6871) are repealed. tual reality tools), have increased student tion; opportunities for meaningful exploration and ‘‘(4) support efforts by State educational SEC. 305. FEDERAL LEADERSHIP AND NATIONAL discovery;’’; agencies and local educational agencies to ACTIVITIES. (13) by inserting after paragraph (5) (as re- create learning environments designed to Subpart 1 of part A of title III (20 U.S.C. designated by paragraph (11)) the following prepare students to achieve to challenging 6831 et seq.) is amended to read as follows: new paragraphs: State academic content and performance ‘‘Subpart 1—Federal Leadership and National Activi- ‘‘(6) poor children are less likely than their standards through the use of research-based ties; wealthier peers to have access to a computer teaching practices and advanced tech- ‘‘SEC. 3121. NATIONAL LONG-RANGE TECH- at home, and to attend a school in which nologies; NOLOGY PLAN. teachers use technology to develop technical ‘‘(5) support technical assistance to State ‘‘Not later than one year after the date of and higher-order thinking skills; educational agencies, local educational agen- enactment of the Educational Excellence for ‘‘(7) public schools have made significant cies, and communities to help them use tech- All Children Act of 2000, the Secretary shall progress toward meeting the goal of con- nology-based resources and information sys- update the national long-range educational necting every school to the Internet, with tems to support school reform and meet the technology plan and broadly disseminate the the percentage of schools that are connected needs of students and teachers; updated plan. to the Internet increasing from 35 percent in ‘‘(6) support the development of applica- ‘‘SEC. 3122. NATIONAL EVALUATION OF EDU- 1994 to 89 percent in 1998 and nearly doubling tions that make use of such technologies as CATION TECHNOLOGY. between 1997 and 1998, but a gap continues to advanced telecommunications, hand-held de- ‘‘(a) NATIONAL EVALUATION.— exist between wealthy and poor schools in vices, web-based learning resources, distance ‘‘(1) IN GENERAL.—In order to better inform the extent to which classrooms are con- learning networks, and modeling and simula- the Federal role in supporting the use of edu- nected to the Internet and the manner in tion software; cational technology, in stimulating reform which technology is used to support instruc- ‘‘(7) support Federal partnerships with and innovation in teaching and learning with tion; business and industry to realize more rapidly technology, and in advancing the develop- ‘‘(8) the E-Rate and other Federal edu- the potential of digital communications to ment of more advanced and new types and cation technology initiatives are signifi- expand the scope of, and opportunities for, applications of such technology, the Sec- cantly increasing the number of classrooms learning; retary shall— connected to the Internet and providing af- ‘‘(8) support evaluation and research on the ‘‘(A) develop, within 12 months of the date fordable access to advanced telecommuni- effective use of technology in preparing all of enactment of the Educational Excellence cations;’’; and students to achieve to challenging State aca- for All Children Act of 2000, a strategy for an (14) by inserting after paragraph (10) (as re- demic content and performance standards, ongoing evaluation of existing and antici- designated by paragraph (11)) the following and the impact of technology on teaching pated future uses of educational technology; new paragraphs: and learning; and ‘‘(11) because girls of all ethnicities con- ‘‘(9) provide national leadership to stimu- ‘‘(B) carry out such an evaluation. sistently rate themselves significantly lower late and coordinate public and private ef- ‘‘(2) ACTIVITIES AUTHORIZED.—From the than boys on computer ability, and are less forts, at the national, State, and local levels, funds reserved under subsection (b), the Sec- likely to experiment with technology and en- that support the development and integra- retary may— roll in advanced computer science courses, tion of advanced technologies and applica- ‘‘(A) conduct long-term controlled studies the Federal Government should encourage tions to improve school planning and class- on the effectiveness of the uses of edu- States, local educational agencies, and room instruction; cational technology; teachers to consider the needs of girls and ‘‘(10) support the development, or redesign, ‘‘(B) convene panels of experts to— women to obtain technical proficiency, so of teacher preparation programs to enable ‘‘(i) identify uses of educational tech- that they can compete in an increasingly prospective teachers to integrate the use of nology that hold the greatest promise for technological society; technology in teaching and learning; improving teaching and learning;

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.008 pfrm09 PsN: S03PT1 S3376 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(ii) assist the Secretary with the review nology plans that shall be included in the ap- ity to meet the purposes of this subpart ef- and assessment of the progress and effective- plication for a subgrant under section fectively; ness of projects that are funded under this 3135(1).’’; and ‘‘(7) how the State educational agency will title; and (3) by amending subsection (b)(2) to read as provide technical assistance to eligible local ‘‘(iii) identify barriers to the commercial follows: applicants, and its capacity for providing development of effective, high-quality, cost- ‘‘(2) provide eligible local applicants with such assistance; competitive educational technology and assistance in— ‘‘(8) how the State educational agency will software; ‘‘(A) developing applications under section ensure that educational technology is acces- ‘‘(C) conduct evaluations and applied re- 3135; sible to, and usable by, all students, includ- search studies that examine— ‘‘(B) forming partnerships among the enti- ing students with special needs, such as stu- ‘‘(i) how students learn using educational ties described in section 3417(1)(B); and dents who have disabilities or limited technology, whether singly or in groups, and ‘‘(C) establishing performance indicators English proficiency; and across age groups, student populations (in- and methods for measuring program out- ‘‘(9) how the State educational agency will cluding students with special needs, such as comes against the indicators.’’. evaluate its activities under the plan.’’. students with limited English proficiency SEC. 308. STATE APPLICATION. SEC. 309. LOCAL USES OF FUNDS. and students with disabilities) and settings; Section 3133 (20 U.S.C. 6843) is amended to Section 3134 (20 U.S.C. 6844) is amended to and read as follows: read as follows: ‘‘(ii) the characteristics of classrooms and ‘‘SEC. 3133. STATE APPLICATION. ‘‘SEC. 3134. LOCAL USES OF FUNDS. other educational settings that use edu- ‘‘To receive funds under this subpart, a ‘‘Each eligible local applicant shall use the cational technology effectively; State educational agency shall submit an ap- funds made available under section ‘‘(D) collaborate with other Federal agen- plication to the Secretary at such time, in 3132(a)(2)(i) for one or more of the following cies that support research on, and evaluation such manner, and accompanied by such in- activities: of, the use of network technology in edu- formation as the Secretary may reasonably ‘‘(1) Adapting or expanding existing and cational settings; and require. As part of its application, a State new applications of technology to enable ‘‘(E) carry out such other activities as the educational agency shall submit a new or up- teachers to create learning environments de- Secretary determines appropriate. dated statewide educational technology signed to prepare students to achieve to ‘‘(b) AVAILABILITY OF TITLE III FUNDS FOR plan. The plan submitted shall demonstrate challenging State academic content and stu- EVALUATION.—Notwithstanding any other how it will be coordinated with and support dent performance standards through the use provision of this title, the Secretary may use the State plan or policies for comprehensive of research-based teaching practices and ad- up to 4 percent of the funds appropriated to standards-based education reform, and shall vanced technologies. carry out this title for any fiscal year to describe— ‘‘(2) Providing sustained and intensive, carry out the activities described in sub- ‘‘(1) how the State educational agency will high-quality professional development in the section (a) for that fiscal year. meet the national technology goals that— integration of advanced technologies into ‘‘SEC. 3123. AUTHORIZATION OF APPROPRIA- ‘‘(A) all teachers in the Nation will have curriculum and in using those technologies TIONS. the training and support they need to help to create new learning environments, includ- ‘‘For purposes of carrying out this part, students learn using computers and the in- ing training in the use of technology to ac- there are authorized to be appropriated such formation superhighway; cess data and resources to develop curricula sums as may be necessary for fiscal year 2001 ‘‘(B) all teachers and students will have and instructional materials. and for each of the four succeeding fiscal modern multimedia computers in their class- ‘‘(3) Enabling teachers to use the Internet years.’’. rooms; to communicate with other teachers and re- SEC. 306. ALLOTMENT AND REALLOTMENT. ‘‘(C) every classroom will be connected to trieve web-based learning resources. Section 3131(a)(2) is amended— the information superhighway; and ‘‘(4) Using technology to collect, manage, (1) by inserting ‘‘(including, for purposes of ‘‘(D) effective software and online learning and analyze data to inform school improve- this subpart, the Bureau of Indian Affairs)’’ resources will be an integral part of every ment efforts. after ‘‘State educational agency’’; and school’s curriculum; ‘‘(5) Acquiring wireless telecommuni- (2) by striking the period at the end there- ‘‘(2) the State educational agency’s long- cations, hand-held devices, modeling or sim- of and inserting a comma and ‘‘except that term strategies for financing educational ulation tools, distance learning networks, such minimum shall apply to the aggregate technology in the State, including how the and other advanced technologies with class- of grants received under this subpart by the State educational agency will use other room applications. outlying areas for a fiscal year.’’. sources of Federal and non-Federal funds, in- ‘‘(6) Acquiring wiring and access to ad- SEC. 307. TECHNOLOGY LITERACY CHALLENGE cluding the E-Rate, for this purpose; vanced telecommunications. FUND. ‘‘(3) the State educational agency’s criteria ‘‘(7) Using web-based learning resources, Section 3132 is amended— for identifying, for purposes of section including those that provide access to chal- (1) by amending the heading thereof to 3317(1)(A), a local educational agency as lenging courses such as Advanced Placement read as follows: ‘‘TECHNOLOGY LITERACY high-poverty, serving at least one low-per- courses. CHALLENGE FUND''; forming school, and having a substantial ‘‘(8) Assisting schools to use technology to (2) by amending subsection (a)(2) to read as need for technology, and how the State edu- promote parent and family involvement, and follows: cational agency will report to the public the support communications between family and ‘‘(2) USE OF GRANTS.—(A) Each State edu- criteria to be used and the outcome of the school. cational agency that receives a grant under competition; ‘‘(9) Repairing and maintaining school paragraph (1) shall use— ‘‘(4) the State educational agency’s specific technology equipment.’’. ‘‘(i) not less than 95 percent of the grant goals for using advanced technology to im- SEC. 310. LOCAL APPLICATIONS. funds received to award, on a competitive prove student achievement to challenging Section 3135 (20 U.S.C. 6845) is amended— basis, subgrants to eligible local applicants, State academic content and performance (1) in the matter preceding paragraph (1)— as defined in section 3136, for use in creating standards by— (A) by inserting the subsection designation new learning environments designed to pre- ‘‘(A) using web-based resources and tele- and heading ‘‘(a) IN GENERAL.—’’ after the pare all students, including students with communications networks to provide chal- section heading; and disabilities or limited English proficiency, to lenging content and improve classroom in- (B) by striking ‘‘local educational agency’’ achieve to challenging State academic construction; and ‘‘section 3132(a)(2)’’ and inserting ‘‘eligi- tent and performance standards through the ‘‘(B) using research-based teaching prac- ble local applicant’’ and ‘‘section 3132(a)(2)’’, use of research-based teaching practices and tices and models of effective uses of ad- respectively; advanced technologies; and vanced technology; and (2) in paragraph (1)— ‘‘(ii) subject to subparagraph (C), the re- ‘‘(C) promoting sustained and intensive, (A) by amending subparagraph (A) to read mainder of the grant funds for administra- high-quality professional development that as follows: tive costs and technical assistance. increases teacher capacity to create im- ‘‘(A) a description of how the applicant ‘‘(B) In awarding subgrants under subpara- proved learning environments through the plans to improve the achievement of all stu- graph (A)(i), a State educational agency integration of technology into instruction; dents by— shall give priority to an eligible local appli- ‘‘(5) the State educational agency’s per- ‘‘(i) making effective use of new tech- cant that is a partnership that meets the re- formance indicators for each of the goals de- nologies, networks, and electronic learning quirements of section 3136. scribed in paragraphs (1), (2), and (4) and in- resources; ‘‘(C) From the funds described in subpara- cluded in its plan, baseline performance data ‘‘(ii) using research-based teaching prac- graph (A)(i), a State educational agency may for the indicators, a timeline for achieving tices that are linked to advanced tech- use not more than 2 percent of the grant the goals, and interim measures of success nologies; and funds received by that agency under this toward achieving the goals; ‘‘(iii) promoting sustained and intensive, subpart to provide planning subgrants to eli- ‘‘(6) how the State educational agency will high-quality professional development that gible local applicants in order to assist them ensure that grants to eligible local appli- increases the capacity of teachers to create to develop strategic long-term local tech- cants are of sufficient size, scope, and qual- improved learning environments through the

VerDate 27-APR-2000 04:57 May 04, 2000 Jkt 079060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.008 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3377 integration of educational technology into (10) by redesignating subsection (e) as sub- (ii) by amending paragraph (1) to read as instruction.’’; section (b). follows: (B) by striking subparagraph (B); SEC. 311. REPEALS; CONFORMING CHANGES; RE- ‘‘(1) AUTHORITY.—The Secretary, through (C) by amending subparagraphs (C), (D), DESIGNATIONS. the Office of Educational Technology, shall and (E) to read as follows: (a) REPEALS.—Sections 3136 and 3137 (20 make grants, or enter into contracts or coop- ‘‘(C) a description of the applicant’s goals U.S.C. 6846, 6847) are repealed. erative agreements, in accordance with the regarding the use of educational technology (b) CONFORMING AMENDMENTS.— provisions of this subpart, to consortia that to meet the purposes of this subpart, as well (1) Section 3131(a) (20 U.S.C. 6841(a)) is meet the requirements of paragraph (2). In as the applicant’s baseline data, timelines, amended— making such awards, the Secretary shall en- benchmarks, and indicators of success for (A) in paragraph (1), by striking ‘‘section sure, to the extent possible, that each geo- meeting these goals; 3114(a)(1)(C)’’ and inserting ‘‘section 3137’’; graphic region of the United States shall be ‘‘(D) a description of how the applicant will and served by a recipient of an award under this ensure sustained and intensive, high-quality (B) in paragraph (2), by striking ‘‘section subpart.’’; and professional development for teachers, ad- 3115(a)(1)(C)’’ and inserting ‘‘section 3137’’. (iii) in paragraph (2)— ministrators, and other educational per- (2) Section 3132 (20 U.S.C. 6842) is (I) in the matter preceding subparagraph amended— sonnel to further the use of technology in (A), by striking ‘‘a grant under this section’’ (A) in subsection (a)(1), by striking ‘‘sec- the classroom; and inserting ‘‘an award under this subpart’’; tion 3131,’’ and ‘‘section 3133.’’ and inserting ‘‘(E) a description of the administrative (II) by redesignating subparagraphs (B) and ‘‘section 3131,’’ and ‘‘section 3133.’’, respec- and technical support that the applicant will (C) as subparagraphs (C) and (D), respectively; and provide schools;’’; tively; and (B) in subsection (b)(1)(B), by striking (D) in subparagraph (G), by striking ‘‘and’’ (III) by inserting immediately after sub- ‘‘section 3133;’’ and inserting ‘‘section 3133;’’. at the end thereof; paragraph (A) the following new subpara- (E) by amending subparagraph (H) to read SEC. 312. DEFINITIONS; AUTHORIZATION OF AP- graph: PROPRIATIONS. as follows: ‘‘(B) meet the requirements of section 2421 Title III, as amended by section 311, is ‘‘(H) a description of the applicant’s strat- in addition to meeting the requirements of amended by adding after section 3135 the fol- egy for financing its strategic, long-term this subpart;’’; and lowing: local technology plan, including the use of (B) in subsection (b)— other Federal and non-Federal funds;’’; ‘‘SEC. 3136. DEFINITIONS. (i) in paragraph (1)— (F) by redesignating subparagraphs (D), ‘‘In this subpart— (I) in the matter preceding subparagraph ‘‘(1) ELIGIBLE LOCAL APPLICANT.—The term (E), (F), (G), and (H) as subparagraphs (E), (A), by striking ‘‘a grant under this section’’ ‘eligible local applicant’ means— (F), (G), (H), and (I), respectively; and inserting ‘‘an award under this subpart’’; ‘‘(A) a local educational agency that, as de- (G) by adding at the end the following new (II) in subsection (B)— termined by the State educational agency,— subparagraphs: (aa) by striking ‘‘information, in coordina- ‘‘(i) is among the local educational agen- ‘‘(J) a description of how the applicant will tion with information available from the cies in the State with the highest numbers use advanced technology to promote commu- Secretary,’’ and inserting ‘‘information’’; or percentages of children from households nication between teachers for activities such and living in poverty; as— (bb) by striking ‘‘evaluate and make rec- ‘‘(ii) includes one or more low-performing ‘‘(i) sharing examples of student work; ommendations on equipment and software schools; and ‘‘(ii) developing instructional strategies; that support the America’s Education Goals ‘‘(iii) developing curricula aligned with ‘‘(iii) has a substantial need for assistance in acquiring and using technology; or and are suited for a school’s particular State or local standards; needs,’’; and ‘‘(iv) using data to improve teaching and ‘‘(B) a partnership that includes at least (III) in subparagraph (C), by striking ‘‘to learning; and one local educational agency that meets the participate’’ through the end thereof and in- ‘‘(K) a description of how the applicant requirements of subparagraph (A) and at serting ‘‘assistance in applying advanced would use technology to improve the teach- least one— technologies and web-based resources in ing and learning of students with special ‘‘(i) local educational agency that can order to design learning environments for needs, such as students with disabilities or demonstrate that teachers in schools served the 21st Century; and’’; limited English proficiency.’’. by that agency are using technology effec- (ii) in paragraph (2)— (3) by amending paragraph (2) to read as tively in their classrooms; (I) in the matter preceding subparagraph follows: ‘‘(ii) institution of higher education; (A), by striking ‘‘a grant under this section’’ ‘‘(2) describe how the applicant included ‘‘(iii) for-profit organization that develops, and inserting ‘‘an award under this subpart’’; parents, public libraries, business leaders, designs, manufactures, or produces tech- and community leaders in the development nology products or services, or has substan- (II) in subparagraph (A)— of the strategic long-term local technology tial expertise in the application of tech- (aa) in the matter preceding clause (i), by plan described in paragraph (1);’’; nology; or striking ‘‘technology-specific, ongoing pro- (4) in paragraph (3), by striking ‘‘and’’ at ‘‘(iv) public or private non-profit organiza- fessional development,’’ and inserting ‘‘sus- the end thereof; tion with demonstrated experience in the ap- tained and intensive high-quality profes- (5) in paragraph (4)(B), by striking ‘‘Na- plication of educational technology. sional development that prepares educators tional Education Goals’’ and inserting in lieu ‘‘(2) LOW-PERFORMING SCHOOL.—The term to be effective developers, users, and eval- thereof ‘‘America’s Education Goals’’; ‘low-performing school’ means a school— uators of educational technology,’’; (6) by redesignating paragraph (4) as para- ‘‘(A) identified by the local educational (bb) in clause (i), by striking ‘‘that use’’ graph (8); agency for school improvement under sec- through the end thereof and inserting ‘‘for (7) by inserting after paragraph (3) the fol- tion 1116(c) of this Act; or teachers, administrators, school librarians, lowing new paragraphs: ‘‘(B) in which a substantial majority of and other education personnel; and’’; and ‘‘(4) describe how the applicant would use students fail to meet State performance (cc) in clause (ii), by striking subclauses subgrant funds to benefit low-performing standards based on State or local assess- (II), and (V), in subclause (III), by adding schools; ments that are aligned to the performance ‘‘and’’ at the end, in subclause (IV), by strik- ‘‘(5) describe how the applicant will ensure standards. ing ‘‘video conferences and seminars which’’ that technology is accessible to, and usable ‘‘SEC. 3137. AUTHORIZATION OF APPROPRIA- and inserting ‘‘the use of advanced tele- by, all students, particularly students with TIONS. communications and distance learning net- disabilities or limited English proficiency; ‘‘For purposes of carrying out this subpart, works to’’, and by redesignating subclauses ‘‘(6) include an assurance that, before any there are authorized to be appropriated such (III) and (IV) as subclauses (II) and (III), re- funds received under this part are used for sums as may be necessary for fiscal year 2001 spectively; acquiring wiring or access to advanced tele- and for each of the four succeeding fiscal (III) by striking subparagraphs (B) and (C); communications, the applicant will use all years.’’. (IV) in subparagraph (F), by striking ‘‘for resources available to it through the E–Rate; SEC. 313. REGIONAL TECHNOLOGY IN EDU- students’’ through the end thereof and in- ‘‘(7) if the applicant is a partnership, de- CATION CONSORTIA. serting a comma and ‘‘coordinated with scribe the members of the partnership, their Subpart 3 of part A of title III is other programs supported under this title, respective roles, and their respective con- amended— that incorporate the effective use of ad- tributions to improving the capacity of the (1) in the heading, to read as follows: vanced technology into teacher preparation local educational agency; and’’; ‘‘Subpart 3—Regional Technology in Education Con- courses;’’; (8) by striking subsection (d); sortia’’; (V) in subparagraph (G)— (9) in subsection (e), by striking ‘‘local edu- (2) in section 3141 (20 U.S.C. 6861)— (aa) by striking ‘‘develop support from’’ cational agency’’ and ‘‘under this Act or the (A) in subsection (a)— and inserting ‘‘increase the involvement and Goals 2000: Educate America Act,’’ and in- (i) by amending the heading to read as fol- support of’’; and serting ‘‘eligible local applicant’’ and ‘‘under lows: ‘‘GRANTS, CONTRACTS, AND COOPERATIVE (bb) by striking the period at the end and this Act,’’, respectively; and AGREEMENTS AUTHORIZED.—’’; inserting a semicolon and ‘‘and’’; and

VerDate 27-APR-2000 04:57 May 04, 2000 Jkt 079060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.008 pfrm09 PsN: S03PT1 S3378 CONGRESSIONAL RECORD — SENATE May 3, 2000 (VI) by redesignating subparagraphs (D), ‘‘(2) develop and acquire educational and ment of Agriculture, the Department of (E), (F), and (G) as subparagraphs (B), (C), instructional programming; and Commerce, and any other Federal depart- (D), and (E), respectively; ‘‘(3) obtain technical assistance for the use ment or agency operating a telecommuni- (iv) in paragraph (3)— of such facilities and instructional program- cations network for educational purposes, (I) in the matter preceding subparagraph ming. shall coordinate the activities assisted under (A), by striking ‘‘a grant under this section’’ ‘‘SEC. 3203. GRANTS AUTHORIZED. this part with the activities of such depart- and inserting ‘‘an award under this subpart’’; ‘‘(a) AUTHORITY.—The Secretary, through ment or agency relating to a telecommuni- (II) in subparagraph (A), by adding ‘‘and’’ the Office of Educational Technology, is au- cations network for educational purposes. at the end; thorized to make grants, in accordance with ‘‘(h) CLOSED CAPTIONING AND DESCRIPTIVE (III) in subparagraph (B), by striking the the provisions of this part, to eligible enti- VIDEO.—Each entity receiving funds under semicolon and ‘‘and’’ at the end and insert- ties to pay the Federal share of the cost of— this part is encouraged to provide— ing a period; ‘‘(1) the development, construction, acqui- ‘‘(1) closed captioning of the verbal content (IV) by striking subparagraph (C); sition, maintenance and operation of tele- of such program, where appropriate, to be (V) by redesignating subparagraphs (A) and communications facilities and equipment; broadcast by way of line 21 of the vertical (B) as subparagraphs (B) and (C), respec- ‘‘(2) the development and acquisition of blanking interval, or by way of comparable tively; and interactive instructional programming; successor technologies; and (VI) by inserting immediately before sub- ‘‘(3) the development and acquisition of ‘‘(2) descriptive video of the visual content paragraph (B) (as redesignated by subclause preservice and inservice teacher training of such program, as appropriate. (V)) the following new subparagraph: programs based on established research re- ‘‘(i) ADVANCED PLACEMENT INSTRUCTION.— ‘‘(A) maintain, or contribute to, a nation- garding teacher-to-teacher mentoring, effec- Each eligible entity receiving funds under ally accessible repository that contains in- tive skill transfer, and ongoing, in-class in- this part is encouraged to deliver advanced formation about effective uses of educational struction; placement instruction to underserved com- technology, including for sustained and in- ‘‘(4) the establishment of web-based re- munities. tensive, high-quality professional develop- sources or teleconferencing facilities and re- ‘‘SEC. 3204. ELIGIBLE ENTITIES. ment, and disseminate that information na- sources for making interactive training tionwide;’’; and available to teachers; ‘‘(a) ELIGIBLE ENTITIES.— (iv) by amending paragraph (4) to read as ‘‘(5) obtaining technical assistance; and ‘‘(1) REQUIRED PARTICIPATION.—The Sec- follows: ‘‘(6) the coordination of the design and retary may make a grant under section 3203 ‘‘(4) COLLABORATION.—Each consortium re- connectivity of broadband and other tele- to any eligible entity, if at least 1 local edu- ceiving an award under this subpart shall— communications networks to reach the cational agency is participating in the pro- ‘‘(A) collaborate, and coordinate the serv- greatest number of schools. posed project. ices that it provides, with appropriate re- ‘‘(b) DURATION.— ‘‘(2) ELIGIBLE ENTITY.—For the purpose of gional and other entities assisted in whole or ‘‘(1) IN GENERAL.—The Secretary shall this part, the term ‘eligible entity’ may in part by the Department; award grants pursuant to subsection (a) for a include— ‘‘(B) coordinate activities and establish period of 5 years. ‘‘(A) a public agency or corporation estab- partnerships with organizations and institu- ‘‘(2) RENEWAL.—Grants awarded pursuant lished for the purpose of developing and oper- tions of higher education that represent the to subsection (a) may be renewed for 1 addi- ating telecommunications networks to en- interests of the region regarding the applica- tional 3-year period. hance educational opportunities provided by tion of technology to teaching, learning, in- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— educational institutions, teacher training structional management, dissemination, the ‘‘(1) IN GENERAL.—There are authorized to centers, and other entities, except that any collection and distribution of educational be appropriated $50,000,000 for fiscal year such agency or corporation shall represent statistics, and the transfer of student infor- 2001, and such sums as may be necessary for the interests of elementary and secondary mation; and each of the four succeeding fiscal years, to schools that are eligible to participate in the ‘‘(C) collaborate with the Department and carry out this part. program under part A of title I; or recipients of funding under other technology ‘‘(2) AVAILABILITY.—Funds appropriated ‘‘(B) a partnership that will provide tele- programs of the Department, particularly pursuant to the authority of subsection (a) communications services and which includes the Technology Literacy Challenge Fund shall remain available until expended. 3 or more of the following entities, at least under subpart 1, and the Next-Generation ‘‘(d) LIMITATIONS.— 1 of which shall be an agency described in Technology Innovation Awards program ‘‘(1) IN GENERAL.—A grant under this sec- clause (i) or (ii): under subpart 1 of part C, to assist the De- tion shall not exceed— ‘‘(i) a local educational agency that serves partment and those recipients as requested ‘‘(A) five years in duration; and a significant number of elementary and sec- by the Secretary.’’; and ‘‘(B) $10,000,000 in any 1 fiscal year. ondary schools that are eligible for assist- (3) by adding at the end the following: ‘‘(2) INSTRUCTIONAL PROGRAMMING.—Not ance under part A of title I, or elementary less than 25 percent of the funds available to and secondary schools operated or funded for ‘‘SEC. 3142. AUTHORIZATION OF APPROPRIA- TIONS. the Secretary in any fiscal year under this Indian children by the Department of the In- part shall be used for the cost of instruc- ‘‘For purposes of carrying out this subpart, terior eligible under section 1121(b)(2); tional programming. there are authorized to be appropriated such ‘‘(ii) a State educational agency; ‘‘(3) SPECIAL RULE.—Not less than 50 per- sums as may be necessary for fiscal year 2001 ‘‘(iii) adult and family education programs; cent of the funds available in any fiscal year and for each of the four succeeding fiscal ‘‘(iv) an institution of higher education or under this part shall be used for the cost of years.’’. a State higher education agency; facilities, equipment, teacher training or re- ‘‘(v) a teacher training center or academy PART B—STAR SCHOOLS PROGRAM; COMMUNITY training, technical assistance, or program- that— TECHNOLOGY CENTERS. SEC. 321. STAR SCHOOLS PROGRAM. ming, for local educational agencies which ‘‘(I) provides teacher pre-service and in- are eligible to receive assistance under part (a) IN GENERAL.—Part B of title III (20 service training; and U.S.C. 6891 et seq.) is amended to read as fol- A of title I. ‘‘(II) receives Federal financial assistance ‘‘(e) FEDERAL SHARE.— lows: or has been approved by a State agency; ‘‘(1) IN GENERAL.—The Federal share of the ‘‘(vi)(I) a public or private entity with ex- ‘‘PART B—STAR SCHOOLS PROGRAM cost of projects funded under this section ‘‘Subpart 1—Star Schools Program perience and expertise in the planning and ‘‘SEC. 3201. SHORT TITLE. shall not exceed— operation of a telecommunications network, ‘‘(A) 75 percent for the first and second ‘‘This part may be cited as the ‘Star including entities involved in telecommuni- years for which an eligible telecommuni- Schools Act’. cations through the Internet, satellite, cations partnership receives a grant under cable, telephone, or computer; or ‘‘SEC. 3202. PURPOSE. this part; ‘‘(II) a public broadcasting entity with ‘‘It is the purpose of this part to encourage ‘‘(B) 60 percent for the third and fourth such experience; or improved instruction in mathematics, such years; and ‘‘(vii) a public or private elementary or science, and foreign languages and chal- ‘‘(C) 50 percent for the fifth such year. secondary school. lenging and advanced courses as well as ‘‘(2) REDUCTION OR WAIVER.—The Secretary ‘‘(b) SPECIAL RULE.—An eligible entity re- other subjects, such as literacy skills and vo- may reduce or waive the requirement of the ceiving assistance under this part shall be cational education, and to serve underserved non-Federal share under paragraph (1) upon organized on a statewide or multistate basis. populations, including the disadvantaged, il- a showing of financial hardship. ‘‘SEC. 3205. APPLICATIONS. literate, limited-English proficient, and indi- ‘‘(f) AUTHORITY TO ACCEPT FUNDS FROM viduals with disabilities, through a star OTHER AGENCIES.—The Secretary is author- ‘‘(a) APPLICATIONS REQUIRED.—Each eligi- schools program under which grants are ized to accept funds from other Federal de- ble entity which desires to receive a grant made to eligible telecommunication partner- partments or agencies to carry out the pur- under section 3203 shall submit an applica- ships to enable such partnerships to— poses of this section, including funds for the tion to the Secretary, at such time, in such ‘‘(1) develop, construct, acquire, maintain purchase of equipment. manner, and containing or accompanied by and operate telecommunications facilities ‘‘(g) COORDINATION.—The Department, the such information as the Secretary may rea- and equipment; National Science Foundation, the Depart- sonably require.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.008 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3379

‘‘(b) STAR SCHOOL AWARD APPLICATIONS.— have a high number or percentage of children ‘‘(2) will provide services to programs serv- Each application submitted pursuant to sub- eligible to be counted under part A of title I; ing adults, especially parents, with low lev- section (a) shall— ‘‘(10) provide assurances that the applicant els of literacy; ‘‘(1) describe how the proposed project will will use the funds provided under this part to ‘‘(3) will serve schools with significant assist in achieving America’s Education supplement and not supplant funds otherwise numbers of children counted for the purposes Goals, how such project will assist all stu- available for the purposes of this part; of part A of title I; dents to have an opportunity to learn to ‘‘(11) if any member of the consortia re- ‘‘(4) ensure that the eligible entity will— challenging State and local standards, how ceives assistance under subpart 3 of part A, ‘‘(A) serve the broadest range of institu- such project will assist State and local edu- describe how funds received under this part tions, programs providing instruction out- cational reform efforts, and how such project will be coordinated with funds received for side of the school setting, programs serving will contribute to creating a high quality educational technology in the classroom adults, especially parents, with low levels of system of lifelong learning; under such section; literacy, institutions of higher education, ‘‘(2) describe the telecommunications fa- ‘‘(12) describe the activities or services for teacher training centers, research institutes, cilities and equipment and technical assist- which assistance is sought, such as— and private industry; ance for which assistance is sought, which ‘‘(A) providing facilities, equipment, train- ‘‘(B) have substantial academic and teach- may include— ing services, and technical assistance; ing capabilities, including the capability of ‘‘(A) the design, development, construc- ‘‘(B) making programs accessible to stu- training, retraining, and inservice upgrading tion, acquisition, maintenance and operation dents with disabilities through mechanisms of teaching skills and the capability to proof State or multistate educational tele- such as closed captioning and descriptive vide professional development; communications networks and technology video services; ‘‘(C) provide a comprehensive range of resource centers; ‘‘(C) linking networks around issues of na- courses for educators to teach instructional ‘‘(B) microwave, fiber optics, cable, and tional importance (such as elections) or to strategies for students with different skill satellite transmission equipment or any provide information about employment op- levels; combination thereof; portunities, job training, or student and ‘‘(D) provide training to participating edu- ‘‘(C) reception facilities and equipment; other social service programs; cators in ways to integrate telecommuni- ‘‘(D) satellite time and other trans- ‘‘(D) sharing curriculum resources between cations courses into existing school cur- missions; networks and development of program guides riculum; ‘‘(E) production facilities and equipment; which demonstrate cooperative, cross-net- ‘‘(E) provide instruction for students, ‘‘(F) other Internet education portals and work listing of programs for specific cur- teachers, and parents; telecommunications equipment capable of riculum areas; ‘‘(F) serve a multistate area; and serving a wide geographic area; ‘‘(E) providing teacher and student support ‘‘(G) give priority to the provision of equip- ‘‘(G) the provision of training services to services including classroom and training ment and linkages to isolated areas; and instructors who will be using the facilities support materials which permit student and ‘‘(5) involve a telecommunications entity and equipment for which assistance is teacher involvement in the live interactive (such as a satellite, cable, telephone, com- sought, including training in using such fa- distance learning telecasts; puter, or public or private television stations) participating in the eligible entity and cilities and equipment and training in inte- ‘‘(F) incorporating community resources donating equipment or in-kind services for grating programs into the classroom cur- such as libraries and museums into instruc- telecommunications linkages. riculum; and tional programs; ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approv- ‘‘(H) the development of educational and ‘‘(G) providing professional development ing applications for grants authorized under related programming for use on a tele- for teachers, including, as appropriate, train- section 3203, the Secretary shall, to the ex- communications network; ing to early childhood development and Head tent feasible, ensure an equitable geographic ‘‘(3) in the case of an application for assist- Start teachers and staff and vocational edu- ance for instructional programming, de- distribution of services provided under this cation teachers and staff, and adult and fam- part. scribe the types of programming which will ily educators; ‘‘SEC. 3206. DEFINITIONS. be developed to enhance instruction and ‘‘(H) providing programs for adults to ‘‘In this part: training and provide assurances that such maximize the use of telecommunications fa- ‘‘(1) EDUCATIONAL INSTITUTION.—The term programming will be designed in consulta- cilities and equipment; ‘educational institution’ means an institution with professionals (including classroom ‘‘(I) providing teacher training on proposed tion of higher education, a local educational teachers) who are experts in the applicable or established voluntary national content agency, or a State educational agency. subject matter and grade level; standards in mathematics and science and ‘‘(2) INSTRUCTIONAL PROGRAMMING.—The ‘‘(4) describe how the eligible entity has other disciplines as such standards are devel- term ‘instructional programming’ means engaged in sufficient survey and analysis of oped; and courses of instruction and training courses the area to be served to ensure that the serv- ‘‘(J) providing parent education programs for elementary and secondary students, ices offered by the eligible entity will in- during and after the regular school day teachers, and others, and materials for use in crease the availability of courses of instruc- which reinforce a student’s course of study such instruction and training that have been tion in English, mathematics, science, for- and actively involve parents in the learning prepared in audio and visual form on either eign languages, arts, history, geography, or process; analog or digital format and are presented other disciplines; ‘‘(13) describe how the proposed project as by means of telecommunications devices. ‘‘(5) describe the professional development a whole will be financed and how arrange- ‘‘(3) TERM PUBLIC BROADCASTING ENTITY.— policies for teachers and other school per- ments for future financing will be developed The term ‘public broadcasting entity’ has sonnel to be implemented to ensure the ef- before the project expires; the same meaning given such term in section fective use of the telecommunications facili- ‘‘(14) provide an assurance that a signifi- 397 of the Communications Act of 1934. ties and equipment for which assistance is cant portion of any facilities, equipment, sought; technical assistance, and programming for ‘‘SEC. 3207. ADMINISTRATIVE PROVISIONS. ‘‘(6) describe the manner in which histori- which assistance is sought for elementary ‘‘(a) CONTINUING ELIGIBILITY.— cally underserved students (such as students and secondary schools will be made available ‘‘(1) IN GENERAL.—In order to be eligible to from low-income families, limited English to schools in local educational agencies that receive a grant under section 3203 for a sec- proficient students, students with disabil- have a high percentage of children counted ond 3-year grant period an eligible entity ities, or students who have low literacy for the purpose of part A of title I; shall demonstrate in the application sub- skills) and their families, will participate in ‘‘(15) provide an assurance that the appli- mitted pursuant to section 3205 that such the benefits of the telecommunications fa- cant will provide such information and co- partnership shall— cilities, equipment, technical assistance, and operate in any evaluation that the Secretary ‘‘(A) continue to provide services in the programming assisted under this part; may conduct under this part; and subject areas and geographic areas assisted ‘‘(7) describe how existing telecommuni- ‘‘(16) include such additional assurances as with funds received under this part for the cations equipment, facilities, and services, the Secretary may reasonably require. previous 5-year grant period; and where available, will be used; ‘‘(B) use all grant funds received under this ‘‘(8) provide assurances that the financial ‘‘(c) PRIORITIES.—The Secretary, in approv- part for the second 3-year grant period to interest of the United States in the tele- ing applications for grants authorized under provide expanded services by— communications facilities and equipment section 3203, shall give priority to applica- ‘‘(i) increasing the number of students, will be protected for the useful life of such tions describing projects that— schools or school districts served by the facilities and equipment; ‘‘(1) propose high-quality plans to assist in courses of instruction assisted under this ‘‘(9) provide assurances that a significant achieving 1 or more of America’s Education part in the previous fiscal year; portion of any facilities and equipment, Goals, will provide instruction consistent ‘‘(ii) providing new courses of instruction; technical assistance, and programming for with State content standards, or will other- and which assistance is sought for elementary wise provide significant and specific assist- ‘‘(iii) serving new populations of under- and secondary schools will be made available ance to States and local educational agen- served individuals, such as children or adults to schools or local educational agencies that cies undertaking systemic education reform; who are disadvantaged, have limited-English

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.008 pfrm09 PsN: S03PT1 S3380 CONGRESSIONAL RECORD — SENATE May 3, 2000 proficiency, are individuals with disabilities, communications infrastructure to deliver the need for the services and how the project are illiterate, or lack secondary school diplo- video, voice and data in an integrated service would expand access to information tech- mas or their recognized equivalent. to support and assist in the acquisition of a nology and related services to disadvantaged ‘‘(2) SPECIAL RULE.—Grant funds received secondary school diploma or its recognized residents of an economically distressed pursuant to paragraph (1) shall be used to equivalent; urban or rural community; supplement and not supplant services pro- ‘‘(B) assure that the content of the mate- ‘‘(2) a demonstration of— vided by the grant recipient under this part rials to be delivered is consistent with the ‘‘(A) the commitment, including the finan- in the previous fiscal year. accreditation requirements of the State for cial commitment, of entities such as institu- ‘‘(b) FEDERAL ACTIVITIES.—The Secretary which such materials are used; tions, organizations, business and other may assist grant recipients under section ‘‘(C) incorporate, to the extent feasible, groups in the community that will provide 3203 in acquiring satellite time and other materials developed in the Federal depart- support for the creation, expansion, and con- transmissions technologies, where appro- ments and agencies and under appropriate tinuation of the proposed project; and priate, as economically as possible. federally funded projects and programs; ‘‘(B) the extent to which the proposed ‘‘SEC. 3208. OTHER ASSISTANCE. ‘‘(D) assure that the applicant has the project establishes linkages with other ap- ‘‘(a) SPECIAL STATEWIDE NETWORK.— technological and substantive experience to propriate agencies, efforts, and organizations ‘‘(1) IN GENERAL.—The Secretary, through carry out the program; and providing services to disadvantaged resi- the Office of Educational Technology, may ‘‘(E) contain such additional assurances as dents of an economically distressed urban or provide assistance to a statewide fiber optics the Secretary may reasonably require.’’. rural community; telecommunications network under this sub- (b) REDESIGNATION OF PART D.— ‘‘(3) a description of how the proposed section if such network— (1) Part D of title III (20 U.S.C. 6951 et seq.) project would be sustained once the Federal ‘‘(A) provides 2-way full motion interactive is redesignated as subpart 2 of part B of title funds awarded under this subpart end; and video and voice communications via Inter- III and transferred so as to appear at the end ‘‘(4) a plan for the evaluation of the pro- net, cable and other technologies; of part B of such title. gram, which shall include benchmarks to ‘‘(B) links together public colleges and uni- (2) Sections 3401, 3402, and 3403 are redesig- monitor progress toward specific project ob- versities and schools throughout the State; nated as sections 3221, 3222, and 3223, respec- jectives. and tively. ‘‘(C) includes such additional assurances as ‘‘(c) MATCHING REQUIREMENTS.—The Fed- SEC. 322. COMMUNITY TECHNOLOGY CENTERS. the Secretary may reasonably require. eral share of the cost of any project funded Part B of Title III, as amended by section ‘‘(2) STATE CONTRIBUTION.—A statewide under this subpart shall not exceed 50 per- telecommunications network assisted under 321, is amended by adding at the end the fol- cent. The non-Federal share of such project paragraph (1) shall contribute, either di- lowing: may be in cash or in kind, fairly evaluated, rectly or through private contributions, non- ‘‘Subpart 3—Community Technology Centers including services. ‘‘SEC. 3231. PURPOSE; PROGRAM AUTHORITY. Federal funds equal to not less than 50 per- ‘‘SEC. 3233. USES OF FUNDS. cent of the cost of such network. ‘‘(a) PURPOSE.—It is the purpose of this ‘‘(a) REQUIRED USES.—A recipient shall use ‘‘(b) SPECIAL LOCAL NETWORK.— subpart to assist eligible applicants to— funds under this subpart for— ‘‘(1) IN GENERAL.—The Secretary may pro- ‘‘(1) create or expand community tech- vide assistance, on a competitive basis, to a nology centers that will provide disadvan- ‘‘(1) creating or expanding community local educational agency or consortium taged residents of economically distressed technology centers that expand access to in- thereof to enable such agency or consortium urban and rural communities with access to formation technology and related training to establish a high technology demonstra- information technology and related training; for disadvantaged residents of distressed tion program. and urban or rural communities; and ‘‘(2) evaluating the effectiveness of the ‘‘(2) PROGRAM REQUIREMENTS.—A high tech- ‘‘(2) provide technical assistance and sup- nology demonstration program assisted port to community technology centers. project. under paragraph (1) shall— ‘‘(b) PROGRAM AUTHORITY.— ‘‘(b) PERMISSIBLE USES.—A recipient may ‘‘(A) include 2-way full motion interactive ‘‘(1) IN GENERAL.—The Secretary is author- use funds under this subpart for activities, video, data and voice communications; ized, through the Office of Educational Tech- described in its application, that carry out ‘‘(B) link together elementary and sec- nology, to award grants, contracts, or coop- the purposes of this subpart, such as— ondary schools, colleges, and universities; erative agreements on a competitive basis to ‘‘(1) supporting a center coordinator, and ‘‘(C) provide parent participation and fam- eligible applicants in order to assist them staff, to supervise instruction and build com- ily programs; in— munity partnerships; ‘‘(D) include a staff development program; ‘‘(A) creating or expanding community ‘‘(2) acquiring equipment, networking ca- and technology centers; or pabilities, and infrastructure to carry out ‘‘(E) have a significant contribution and ‘‘(B) providing technical assistance and the project; and participation from business and industry. support to community technology centers. ‘‘(3) developing and providing services and ‘‘(3) SPECIAL RULE.—Each high technology ‘‘(2) PERIOD OF AWARD.—The Secretary may activities for community residents that pro- demonstration program assisted under para- award grants, contracts, or cooperative vide access to computers, information tech- graph (1) shall be of sufficient size and scope agreements under this subpart for a period of nology, and the use of such technology in to have an effect on meeting America’s Edu- not more than three years. support of pre-school preparation, academic cation Goals. ‘‘SEC. 3232. ELIGIBILITY AND APPLICATION RE- achievement, lifelong learning, and work- ‘‘(4) MATCHING REQUIREMENT.—A local edu- QUIREMENTS. force development, such as the following: cational agency or consortium receiving a ‘‘(a) ELIGIBLE APPLICANTS.—In order to be ‘‘(A) After-school activities in which chil- grant under paragraph (1) shall provide, ei- eligible to receive an award under this sub- dren and youths use software that provides ther directly or through private contribu- part, an applicant shall— academic enrichment and assistance with tions, non-Federal matching funds equal to ‘‘(1) have the capacity to expand signifi- homework, develop their technical skills, ex- not less than 50 percent of the amount of the cantly access to computers and related serv- plore the Internet, and participate in multi- grant. ices for disadvantaged residents of economi- media activities, including web page design ‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR cally distressed urban and rural commu- and creation. CONTINUING EDUCATION.— nities (who would otherwise be denied such ‘‘(B) Adult education and family literacy ‘‘(1) AUTHORITY.—The Secretary is author- access); and activities through technology and the Inter- ized to award grants, on a competitive basis, ‘‘(2) be— net, including— to eligible entities to enable such partner- ‘‘(A) an entity such as a foundation, mu- ‘‘(i) General Education Development, ships to develop and operate 1 or more pro- seum, library, for-profit business, public or English as a Second Language, and adult grams which provide on-line access to edu- private nonprofit organization, or commu- basic education classes or programs; cational resources in support of continuing nity-based organization; ‘‘(ii) introduction to computers; education and curriculum requirements rel- ‘‘(B) an institution of higher education; ‘‘(iii) intergenerational activities; and evant to achieving a secondary school di- ‘‘(C) a State educational agency; ‘‘(iv) lifelong learning opportunities. ploma or its recognized equivalent. The pro- ‘‘(D) a local education agency; or ‘‘(C) Career development and job prepara- gram authorized by this section shall be de- ‘‘(E) a consortium of entities described in tion activities, such as— signed to advance adult literacy, secondary subparagraphs (A), (B), (C), or (D). ‘‘(i) training in basic and advanced com- school completion and the acquisition of ‘‘(b) APPLICATION REQUIREMENTS.—In order puter skills; specified competency by the end of the 12th to receive an award under this subpart, an ‘‘(ii) resume writing workshops; and grade. eligible applicant shall submit an applica- ‘‘(iii) access to databases of employment ‘‘(2) APPLICATION.—Each eligible entity de- tion to the Secretary at such time, and con- opportunities, career information, and other siring a grant under this section shall sub- taining such information, as the Secretary online materials. mit an application to the Secretary. Each may require. Such application shall ‘‘(D) Small business activities, such as— such application shall— include— ‘‘(i) computer-based training for basic en- ‘‘(A) demonstrate that the applicant will ‘‘(1) a description of the proposed project, trepreneurial skills and electronic com- use publicly funded or free public tele- including a description of the magnitude of merce; and

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.008 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3381 ‘‘(ii) access to information on business high quality for preschool and elementary 3303 shall submit an application to the Sec- start-up programs that is available online, or school children. retary at such time, in such manner, and ac- from other sources. ‘‘(c) CULTURAL EXPERIENCES.—Program- companied by such information as the Sec- ‘‘(E) Activities that provide home access to ming developed under this section shall re- retary may reasonably require. computers and technology, such as assist- flect the recognition of diverse cultural ex- ‘‘SEC. 3305. REPORTS AND EVALUATION. ance and services to promote the acquisition, periences and the needs and experiences of ‘‘(a) ANNUAL REPORT TO THE SECRETARY.— installation, and use of information tech- both boys and girls in engaging and pre- An eligible entity receiving funds under a nology in the home through low-cost solu- paring young children for schooling. grant, contract or cooperative agreement tions such as networked computers, web- ‘‘SEC. 3303. DUTIES OF SECRETARY. under section 3301 shall prepare and submit based television devices, and other tech- ‘‘In carrying out this part, the Secretary to the Secretary an annual report that con- nology. may— tains such information as the Secretary may ‘‘SEC. 3234. AUTHORIZATION OF APPROPRIA- ‘‘(1) award grants, contracts, or coopera- require. At a minimum, the report shall de- TIONS. tive agreements to eligible entities described scribe the program activities undertaken ‘‘For purposes of carrying out this subpart, in section 3302(b), local public television sta- with funds received under such grant, con- there are authorized to be appropriated such tions, or such public television stations that tract or cooperative agreement, including— sums as may be necessary for fiscal year 2001 are part of a consortium with 1 or more ‘‘(1) the programming that has been devel- and for each of the four succeeding fiscal State educational agencies, local edu- oped directly or indirectly by the eligible en- years.’’. cational agencies, local schools, institutions tity, and the target population of the pro- PART C—READY-TO-LEARN TELEVISION of higher education, or community-based or- grams developed; ganizations of demonstrated effectiveness, SEC. 331. READY-TO-LEARN TELEVISION. ‘‘(2) the support materials that have been for the purpose of— Part C of title III (20 U.S.C. 6921 et seq.) is developed to accompany the programming, ‘‘(A) addressing the learning needs of amended to read as follows: and the method by which such materials are young children in limited English proficient distributed to consumers and users of the ‘‘PART C—READY-TO-LEARN TELEVISION households, and developing appropriate edu- programming; ‘‘SEC. 3301. READY-TO-LEARN. cational and instructional television pro- ‘‘(3) the means by which programming de- ‘‘(a) IN GENERAL.—The Secretary is author- gramming to foster the school readiness of veloped under this section has been distrib- ized to award grants to, or enter into con- such children; uted, including the distance learning tech- tracts or cooperative agreements with, eligi- ‘‘(B) developing programming and support nologies that have been utilized to make pro- ble entities described in section 3302(b) to de- materials to increase family literacy skills gramming available and the geographic dis- velop, produce, and distribute educational among parents to assist parents in teaching tribution achieved through such tech- and instructional video programming for their children and utilizing educational tele- nologies; and preschool and elementary school children vision programming to promote school readi- ‘‘(4) the initiatives undertaken by the eli- and their parents in order to facilitate the ness; and gible entity to develop public-private part- achievement of America’s Education Goals. ‘‘(C) identifying, supporting, and enhanc- nerships to secure non-Federal support for ‘‘(b) AVAILABILITY.—In making such ing the effective use and outreach of innova- the development, distribution and broadcast grants, contracts, or cooperative agreements tive programs that promote school readiness; of educational and instructional program- under subsection (a), the Secretary shall en- and ming. sure that eligible entities make program- ‘‘(D) developing and disseminating training ‘‘(b) REPORT TO CONGRESS.—The Secretary ming widely available, with support mate- materials, including— shall prepare and submit to the relevant rials as appropriate, to young children, their ‘‘(i) interactive programs and programs committees of Congress a biannual report parents, childcare workers, and Head Start adaptable to distance learning technologies that shall include— providers to increase the effective use of that are designed to enhance knowledge of ‘‘(1) a summary of activities assisted under such programming. children’s social and cognitive skill develop- section 3302(a); and ‘‘SEC. 3302. EDUCATIONAL PROGRAMMING. ment and positive adult-child interactions; ‘‘(2) a description of the training materials ‘‘(a) AWARDS.—The Secretary shall award and made available under section 3303(1)(D), the grants, contracts, or cooperative agreements ‘‘(ii) support materials to promote the ef- manner in which outreach has been con- under section 3301 to eligible entities to— fective use of materials developed under sub- ducted to inform parents and childcare pro- ‘‘(1) facilitate the development directly, or paragraph (B) among parents, Head Start viders of the availability of such materials, through contracts with producers of children providers, in-home and center-based daycare and the manner in which such materials and family educational television program- providers, early childhood development per- have been distributed in accordance with ming, of— sonnel, elementary school teachers, public such section. ‘‘(A) educational programming for pre- libraries, and afterschool program per- ‘‘SEC. 3306. ADMINISTRATIVE COSTS. school and elementary school children; and sonnel caring for preschool and elementary ‘‘With respect to the implementation of ‘‘(B) accompanying support materials and school children; section 3302, eligible entities receiving a services that promote the effective use of ‘‘(2) establish within the Department a grant, contract, or cooperative agreement such programming; clearinghouse to compile and provide infor- from the Secretary may use not more than 5 ‘‘(2) facilitate the development of program- mation, referrals, and model program mate- percent of the amounts received under such ming and digital content especially designed rials and programming obtained or developed grant, contract, or cooperative agreement for nationwide distribution over public tele- under this part to parents, child care pro- for the normal and customary expenses of vision stations’ digital broadcasting chan- viders, and other appropriate individuals or administering the grant, contract, or cooper- nels and the Internet, containing Ready to entities to assist such individuals and enti- ative agreement. ties in accessing programs and projects Learn-based children’s programming and re- ‘‘SEC. 3307. DEFINITION. under this part; and sources for parents and caregivers; and ‘‘For the purposes of this part, the term ‘‘(3) coordinate activities assisted under ‘‘(3) enable eligible entities to contract ‘distance learning’ means the transmission this part with the Secretary of Health and with entities (such as public telecommuni- of educational or instructional programming Human Services in order to— cations entities and those funded under the to geographically dispersed individuals and ‘‘(A) maximize the utilization of quality Star Schools Act) so that programs devel- groups via telecommunications. oped under this section are disseminated and educational programming by preschool and distributed— elementary school children, and make such ‘‘SEC. 3308. AUTHORIZATION OF APPROPRIA- TIONS. ‘‘(A) to the widest possible audience appro- programming widely available to federally ‘‘(a) IN GENERAL.—There are authorized to priate to be served by the programming; and funded programs serving such populations; be appropriated to carry out this part, ‘‘(B) by the most appropriate distribution and $50,000,000 for fiscal year 2001, and such sums technologies. ‘‘(B) provide information to recipients of as may be necessary for each of the 4 suc- ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to funds under Federal programs that have ceeding fiscal years. receive a grant, contract, or cooperative major training components for early child- ‘‘(b) FUNDING RULE.—Not less than 60 per- agreement under subsection (a), an entity hood development, including programs under cent of the amounts appropriated under sub- shall be— the Head Start Act and Even Start, and section (a) for each fiscal year shall be used ‘‘(1) a public telecommunications entity State training activities funded under the to carry out section 3302.’’. that is able to demonstrate a capacity for Child Care and Development Block Grant the development and national distribution of Act of 1990, regarding the availability and PART D—SPECIAL PROJECTS; NEXT-GEN- educational and instructional television pro- utilization of materials developed under ERATION TECHNOLOGY INNOVATION gramming of high quality for preschool and paragraph (1)(D) to enhance parent and child AWARDS elementary school children; and care provider skills in early childhood devel- SEC. 341. SPECIAL PROJECTS; NEXT-GENERATION ‘‘(2) able to demonstrate a capacity to con- opment and education. TECHNOLOGY INNOVATION AWARDS. tract with the producers of children’s tele- ‘‘SEC. 3304. APPLICATIONS. Title III, as amended by section 321(b), is vision programming for the purpose of devel- ‘‘Each entity desiring a grant, contract, or amended— oping educational television programming of cooperative agreement under section 3301 or (1) by striking part E; and

VerDate 27-APR-2000 04:57 May 04, 2000 Jkt 079060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.008 pfrm09 PsN: S03PT1 S3382 CONGRESSIONAL RECORD — SENATE May 3, 2000 (2) by inserting after part C the following: ‘‘(6) A priority for projects that develop in- impact of educational technology on teach- ‘‘PART D—SPECIAL PROJECTS; NEXT-GEN- novative models for using electronic net- ing and learning. ERATION TECHNOLOGY INNOVATION works to provide challenging courses, such ‘‘SEC. 3405. AUTHORIZATION OF APPROPRIA- AWARDS as Advanced Placement courses. TIONS. ‘‘SEC. 3401. PURPOSE; PROGRAM AUTHORITY. ‘‘SEC. 3403. USES OF FUNDS. ‘‘For purposes of carrying out this part, ‘‘(a) PURPOSE.—It is the purpose of this ‘‘A recipient shall use funds awarded under there are authorized to be appropriated such part to— this part to— sums as may be necessary for fiscal year 2001 ‘‘(1) expand the knowledge base about the ‘‘(1) develop new applications of edu- and for each of the four succeeding fiscal use of the next generation of advanced com- cational technologies and telecommuni- years.’’. puters and telecommunications in delivering cations to support school reform efforts, PART E—PREPARING TOMORROW’S new applications for teaching and learning; such as wireless and web-based telecommuni- TEACHERS TO USE TECHNOLOGY cations, hand-held devices, web-based learn- ‘‘(2) address questions of national signifi- SEC. 351. PREPARING TOMORROW’S TEACHERS cance about the next generation of tech- ing resources, distributed learning environ- TO USE TECHNOLOGY. nology and its use to improve teaching and ments (including distance learning net- Title III is further amended by adding at learning; and works), and the development of educational the end the following: ‘‘(3) develop, for wide-scale adoption by software and other applications; and State educational agencies and local edu- ‘‘(2) carry out other activities consistent ‘‘PART E—PREPARING TOMORROW’S cational agencies, models of innovative and with the purposes of this part, such as— TEACHERS TO USE TECHNOLOGY effective applications of technology to teach- ‘‘(A) developing innovative models for im- ‘‘SEC. 3501. PURPOSE; PROGRAM AUTHORITY. ing and learning, such as high quality video, proving teachers’ ability to integrate tech- ‘‘(a) PURPOSE.—It is the purpose of this voice recognition devices, modeling and sim- nology effectively into course curriculum, part to assist consortia of public and private ulation software (particularly web-based through sustained and intensive, high-qual- entities in carrying out programs that pre- software and intelligent tutoring), hand-held ity professional development; pare prospective teachers to use advanced devices, and virtual reality and wireless ‘‘(B) developing high-quality, standards- technology to foster learning environments technologies, that are aligned with chal- based, digital content, including multimedia conducive to preparing all students to lenging State academic content and student software, digital video, and web-based re- achieve to challenging State and local con- performance standards. sources, such as— tent and student performance standards. ‘‘(b) PROGRAM AUTHORITY.— ‘‘(i) new technological formats to facilitate ‘‘(b) PROGRAM AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary is author- deeper subject matter understanding in par- ‘‘(1) IN GENERAL.—The Secretary is authorized, through the Office of Educational Tech- ticularly challenging learning environments ized, through the Office of Educational Tech- nology, to award grants, contracts, or coop- in areas such as physics, foreign language, or nology, to award grants, contracts, or cooperative agreements on a competitive basis to Advanced Placement courses; erative agreements on a competitive basis to eligible applicants in order to carry out the ‘‘(ii) computer modeling, visualization, and eligible applicants in order to assist them in purposes of this part. simulation tools; developing or redesigning teacher prepara- ‘‘(2) PERIOD OF AWARD.—The Secretary may ‘‘(iii) new methods for assessing student tion programs to enable prospective teachers award grants, contracts, or cooperative performance; to use technology effectively in their class- agreements under this part for a period of ‘‘(iv) web-based and other distance learning rooms. not more than five years. curricula and related materials, such as ‘‘(2) PERIOD OF AWARD.—The Secretary may ‘‘SEC. 3402. ELIGIBILITY. interoperable software components; award grants, contracts, or cooperative ‘‘(a) ELIGIBLE APPLICANTS.—In order to re- ‘‘(v) learning-focused digital libraries, in- agreements under this part for a period of ceive an award under this part, an applicant formation retrieval systems, and other de- not more than five years. shall, subject to subsection (c)(1), be a con- signs for supporting broad re-use of learning ‘‘SEC. 3502. ELIGIBILITY. sortium that includes— content; and ‘‘(a) ELIGIBLE APPLICANTS.—In order to re- ‘‘(1) at least one State educational agency ‘‘(vi) software that supports the develop- ceive an award under this part, an applicant or local educational agency; and ment, modification, and maintenance of edu- shall be a consortium that includes— ‘‘(2) at least one institution of higher educational materials; ‘‘(1) at least one institution of higher education, for-profit business, museum, library, ‘‘(C) using telecommunications, and other cation that offers a baccalaureate degree and or other public or private entity with a par- technologies, to make programs accessible prepares teachers for their initial entry into ticular expertise that would assist in car- to students with special needs (such as low- rying out the purposes of this part. teaching; income students, students with disabilities, ‘‘(b) APPLICATION REQUIREMENTS.—In order ‘‘(2) at least one State educational agency to receive an award under this part, an eligi- students in remote areas, and students with or local educational agency; and ble applicant shall submit an application to limited English proficiency) through such ‘‘(3) one or more of the following entities: the Secretary at such time, and containing activities as using technology to support ‘‘(A) An institution of higher education such information, as the Secretary may re- mentoring; (other than the institution described in para- quire. Such application shall include— ‘‘(D) providing classroom and extra- graph (1)). ‘‘(1) a description of the proposed project, curricular opportunities for female students ‘‘(B) A school or department of education and how it would carry out the purposes of to explore the different uses of technology; at an institution of higher education. this part; and ‘‘(E) promoting school-family partnerships, ‘‘(C) A school or college of arts and ‘‘(2) a detailed plan for the independent which may include services for adults and sciences at an institution of higher edu- evaluation of the project, which shall in- families, particularly parent education pro- cation. clude benchmarks to monitor progress to- grams that provide parents with training, in- ‘‘(D) A private elementary or secondary ward specific project objectives. formation, and support on how to help their school. ‘‘(c) PRIORITIES.—In making awards under children achieve to high academic standards; ‘‘(E) A professional association, founda- this part, the Secretary may establish one or ‘‘(F) acquiring connectivity linkages, re- tion, museum, library, for-profit business, more priorities consistent with the objec- sources, distance learning networks, and public or private nonprofit organization, tives of this part, including: services, including hardware and software, as community-based organization, or other en- ‘‘(1) A priority for applicants, the members needed to accomplish the goals of the tity with the capacity to contribute to the of which are one or more of the particular project; and technology-related reform of teacher prepa- types described in subsection (a)(2). ‘‘(G) collaborating with other Department ration programs. ‘‘(2) A priority for projects that develop in- of Education and Federal information tech- ‘‘(b) APPLICATION REQUIREMENTS.—In order novative models of effective use of edu- nology research and development programs. to receive an award under this part, an eligi- cational technology, including the develop- ‘‘SEC. 3404. EVALUATION. ble applicant shall submit an application to ment of distance learning networks, software ‘‘The Secretary is authorized to— the Secretary at such time, and containing (including software deliverable through the ‘‘(1) develop tools and provide resources for such information, as the Secretary may re- Internet), and online-learning resources. recipients of funds under this part to evalu- quire. Such application shall include— ‘‘(3) A priority for projects serving more ate their activities; ‘‘(1) a description of the proposed project, than one State and involving large-scale in- ‘‘(2) provide technical assistance to assist including how the project would ensure that novations in the use of technology in edu- recipients of funds under this part in evalu- individuals participating in the project cation. ating their projects; would be prepared to use technology to cre- ‘‘(4) A priority for projects that develop in- ‘‘(3) conduct independent evaluations of ate learning environments conducive to pre- novative models that serve traditionally un- the activities assisted under this part; and paring all students to achieve to challenging derserved populations, including low-income ‘‘(4) disseminate findings and methodolo- State and local content and student perform- students, students with disabilities, and stu- gies from evaluations of activities assisted ance standards; dents with limited English proficiency. under this part, or other information ob- ‘‘(2) a demonstration of— ‘‘(5) A priority for projects in which appli- tained from such projects that would pro- ‘‘(A) the commitment, including the finan- cants provide substantial financial and other mote the design, replication, or implementa- cial commitment, of each of the members of resources to achieve the goals of the project. tion of effective models for evaluating the the consortium; and

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.009 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3383 ‘‘(B) the active support of the leadership of ‘‘PART F—REGIONAL, STATE, AND LOCAL ‘‘(5) Research clearly shows that commu- each member of the consortium for the pro- EDUCATIONAL TECHNOLOGY RESOURCES nity contexts contribute to substance abuse posed project; ‘‘Subpart 1—Technology Literacy Challenge and violence. ‘‘(3) a description of how each member of Fund ‘‘(6) Substance abuse and violence are in- the consortium would be included in project tricately related and must be dealt with in a ‘‘SEC. 3611. PURPOSE. activities; holistic manner. ‘‘It is the purpose of this subpart to in- ‘‘(4) a description of how the proposed ‘‘(7) Research has documented that paren- crease the capacity of State and local edu- project would be continued once the Federal tal behavior and environment directly influ- cational agencies to improve student funds awarded under this part end; and ence a child’s inclination to use alcohol, to- achievement, particularly that of students in ‘‘(5) a plan for the evaluation of the pro- bacco or drugs. gram, which shall include benchmarks to high-poverty, low-performing schools, by supporting State and local efforts that— ‘‘SEC. 4003. PURPOSE. monitor progress toward specific project ob- ‘‘The purpose of this part is to support pro- jectives. ‘‘(1) make effective use of new technologies grams that prevent violence in and around ‘‘(c) MATCHING REQUIREMENTS.— and technology applications, networks, and schools and prevent the illegal use of alco- ‘‘(1) IN GENERAL.—The Federal share of the electronic learning resources; cost of any project funded under this part ‘‘(2) utilize research-based teaching prac- hol, tobacco, and drugs, involve parents, and shall not exceed 50 percent. Except as pro- tices that are linked to advanced tech- are coordinated with related Federal, State, vided in paragraph (2), the non-Federal share nologies; and school, and community efforts and resources, of such project may be in cash or in kind, ‘‘(3) promote sustained and intensive, high- through the provision of Federal assistance fairly evaluated, including services. quality professional development that in- to— ‘‘(2) ACQUISITION OF EQUIPMENT.—Not more creases teacher capacity to create improved ‘‘(1) States for grants to local educational than 10 percent of the funds awarded for a learning environments through the integra- agencies and educational service agencies project under this part may be used to action of educational technology into instruc- and consortia of such agencies to establish, quire equipment, networking capabilities or tion. operate, and improve local programs of school drug and violence prevention, early infrastructure, and the non-Federal share of ‘‘Subpart 2—One-Stop Shop for Technology intervention, rehabilitation referral, and the cost of any such acquisition shall be in Education education in elementary and secondary cash. ‘‘SEC. 3621. ONE-STOP SHOP. ‘‘SEC. 3503. USES OF FUNDS. schools for the development and implemen- ‘‘The Office of Educational Technology tation of policies that set clear and appro- ‘‘(a) REQUIRED USES.—A recipient shall use shall be a one-stop shop for all technology funds under this part for— priate standards regarding the illegal use of education programs within the Department, alcohol, tobacco and drugs, and for violent ‘‘(1) creating programs that enable pro- provide schools and community groups with spective teachers to use advanced technology behavior (including intermediate and junior information with respect to technology edu- to create learning environments conducive high schools); cation programs and related sources of to preparing all students to achieve to chal- ‘‘(2) States for grants to, and contracts funds, and serve as a clearinghouse with re- lenging State and local content and student with, community-based organizations and spect to information on public and private performance standards; and other public and private nonprofit agencies efforts to bring technology to areas under- ‘‘(2) evaluating the effectiveness of the and organizations for programs of drug and served by technology.’’. project. violence prevention including community ‘‘(b) PERMISSIBLE USES.—A recipient may TITLE IV—SAFE AND DRUG-FREE mobilization, early intervention, rehabilita- use funds under this part for activities, de- SCHOOLS AND COMMUNITIES tion referral, and education; scribed in its application, that carry out the SEC. 401. AMENDMENT TO THE ELEMENTARY ‘‘(3) States for development, training, tech- purposes of this part, such as— AND SECONDARY EDUCATION ACT nical assistance, and coordination activities; ‘‘(1) developing and implementing high- OF 1965. and quality teacher preparation programs that Title IV (20 U.S.C. 7101 et seq.) is amended ‘‘(4) public and private nonprofit organiza- enable educators to— to read as follows: tions to provide technical assistance, con- ‘‘(A) learn the full range of resources that ‘‘TITLE IV—SAFE AND DRUG-FREE duct training, demonstrations, and evalua- can be accessed through the use of tech- SCHOOLS AND COMMUNITIES tion, and to provide supplementary services and community mobilization activities for nology; ‘‘PART A—STATE GRANTS ‘‘(B) integrate a variety of technologies the prevention of drug use and violence into the classroom in order to expand stu- ‘‘SEC. 4001. SHORT TITLE. among students and youth. ‘‘This part may be cited as the ‘Safe and dents’ knowledge; ‘‘SEC. 4004. FUNDING. Drug-Free Schools and Communities Act of ‘‘(C) evaluate educational technologies and ‘‘There are authorized to be appropriated— 1994’. their potential for use in instruction; and ‘‘(1) $700,000,000 for fiscal year 2001, and ‘‘(D) help students develop their own tech- ‘‘SEC. 4002. FINDINGS. such sums as may be necessary for each of nical skills and digital learning environ- ‘‘Congress makes the following findings: the 4 succeeding fiscal years, for State ments; ‘‘(1) Every student should attend a school grants under subpart 1; ‘‘(2) developing alternative teacher devel- in a drug- and violence-free learning environ- ‘‘(2) $150,000,000 for fiscal year 2001, and opment paths that provide elementary and ment. such sums as may be necessary for each of secondary schools with well-prepared, tech- ‘‘(2) The widespread illegal use of alcohol the 4 succeeding fiscal years, for national nology-proficient educators; and drugs among the Nation’s secondary programs under subpart 2 (other than activi- ‘‘(3) developing performance-based stand- school students, and increasingly by stu- ties described in section 4125) ards and aligned assessments to measure the dents in elementary schools as well, con- ‘‘(3) $75,000,000 for fiscal year 2001, and such capacity of prospective teachers to use tech- stitutes a grave threat to such students’ sums as may be necessary for each of the 4 nology effectively in their classrooms; physical and mental well-being, and signifi- succeeding fiscal years, for the National Co- ‘‘(4) providing technical assistance to other cantly impedes the learning process. For ex- ordinator Initiative under section 4122; and teacher preparation programs; ample, data show that students who drink ‘‘(4) $5,000,000 for each of fiscal years 2000 ‘‘(5) developing and disseminating re- tend to receive lower grades and are more through 2002 to carry out section 4125. sources and information in order to assist in- likely to miss school because of illness than ‘‘Subpart 1—State Grants for Drug and stitutions of higher education to prepare students who do not drink. Violence Prevention Programs teachers to use technology effectively in ‘‘(3) Drug and violence prevention pro- their classrooms; and grams are essential components of a com- ‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS. ‘‘(6) subject to section 3502(c)(2), acquiring prehensive strategy to promote school safe- ‘‘(a) RESERVATIONS.—From the amount equipment, networking capabilities, and in- ty, youth development, positive school out- made available under section 4004(1) to carry frastructure to carry out the project. comes, and to reduce the demand for and il- out this subpart for each fiscal year, the ‘‘SEC. 3504. AUTHORIZATION OF APPROPRIA- legal use of alcohol, tobacco and drugs Secretary— TIONS. throughout the Nation. Schools, local orga- ‘‘(1) shall reserve 1 percent of such amount ‘‘For purposes of carrying out this part, nizations, parents, students, and commu- for grants under this subpart to Guam, there are authorized to be appropriated such nities throughout the Nation have a special American Samoa, the Virgin Islands, and the sums as may be necessary for fiscal year 2001 responsibility to work together with young Commonwealth of the Northern Mariana Is- and for each of the four succeeding fiscal people to combat the continuing epidemic of lands, to be allotted in accordance with the years.’’. violence and illegal drug use and should Secretary’s determination of their respective PART F—REGIONAL, STATE, AND LOCAL measure the success of their programs needs; EDUCATIONAL TECHNOLOGY RESOURCES against clearly defined goals and objectives. ‘‘(2) shall reserve 1 percent of such amount SEC. 361. REGIONAL, STATE, AND LOCAL EDU- ‘‘(4) Drug and violence prevention pro- for the Secretary of the Interior to carry out CATIONAL TECHNOLOGY RE- grams are most effective when implemented programs under this part for Indian youth; SOURCES. within a research-based, drug and violence ‘‘(3) may reserve not more than $2,000,000 Title III is further amended by adding at prevention framework of proven effective- for the national impact evaluation required the end the following: ness. by section 4117(a); and

VerDate 27-APR-2000 05:12 May 04, 2000 Jkt 079060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.009 pfrm09 PsN: S03PT1 S3384 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(4) shall reserve 0.2 percent of such retary in conducting a national impact eval- vention efforts and services and how those amount for programs for Native Hawaiians uation of programs required by section funds will be used to serve populations not under section 4118. 4117(a); normally served by the State educational ‘‘(b) STATE ALLOTMENTS.— ‘‘(5) contains assurances that the State agency, such as school dropouts and youth in ‘‘(1) IN GENERAL.—Except as provided in education agency and the Governor will de- detention centers; paragraph (2), the Secretary shall, for each velop their respective applications in con- ‘‘(3) a description of how the chief execu- fiscal year, allocate among the States— sultation with an advisory council that in- tive officer will award funds under section ‘‘(A) one-half of the remainder not reserved cludes, to the extent practicable, representa- 4114(a) and a plan for monitoring the per- under subsection (a) according to the ratio tives from school districts, businesses, par- formance of, and providing technical assist- between the school-aged population of each ents, youth, teachers, administrators, pupil ance to, recipients of such funds; State and the school-aged population of all services personnel, private schools, appro- ‘‘(4) a description of the special outreach the States; and priate State agencies, community-based or- activities that will be carried out to maxi- ‘‘(B) one-half of such remainder according ganization, the medical profession, law en- mize the participation of community-based to the ratio between the amount each State forcement, the faith-based community and nonprofit organizations of demonstrated ef- received under section 1124A for the pre- other groups with interest and expertise in fectiveness which provide services in low-in- ceding year and the sum of such amounts re- alcohol, tobacco, drug, and violence preven- come communities; ceived by all the States. tion; ‘‘(5) a description of how funds will be used ‘‘(2) MINIMUM.—For any fiscal year, no ‘‘(6) contains assurances that the State to support community-wide comprehensive State shall be allotted under this subsection education agency and the Governor involve drug and violence prevention planning and an amount that is less than one-half of 1 per- the representatives described in paragraph community mobilization activities; and cent of the total amount allotted to all the (5), on an ongoing basis, to review program ‘‘(6) a specific description of how input States under this subsection. evaluations and other relevant material and from parents will be sought regarding the ‘‘(3) REALLOTMENT.—The Secretary may make recommendations to the State edu- use of funds under section 4114(a). reallot any amount of any allotment to a cation agency and the Governor on how to ‘‘(d) PEER REVIEW.—The Secretary shall State if the Secretary determines that the improve their respective alcohol, tobacco, use a peer review process in reviewing State State will be unable to use such amount drug, and violence prevention programs; applications under this section. within 2 years of such allotment. Such re- ‘‘(7) contains a list of the State’s results- ‘‘(e) INTERIM APPLICATION.—Notwith- allotments shall be made on the same basis based performance measures for drug and vi- standing any other provisions of this section, as allotments are made under paragraph (1). olence prevention, that shall— a State may submit for fiscal year 2000 a 1- ‘‘(4) DEFINITIONS.—In this subsection: ‘‘(A) be focused on student behavior and at- year interim application and plan for the use ‘‘(A) STATE.—The term ‘State’ means each titudes and be derived from the needs assess- of funds under this subpart that are con- of the 50 States, the District of Columbia, ment; sistent with the requirements of this section and the Commonwealth of Puerto Rico. ‘‘(B) include targets and due dates for the and contain such information as the Sec- ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The attainment of such performance measures; retary may specify in regulations. The pur- term ‘local educational agency’ includes edu- and pose of such interim application and plan cational service agencies and consortia of ‘‘(C) include a description of the proce- shall be to afford the State the opportunity such agencies. dures that the State will use to inform local to fully develop and review such State’s ap- ‘‘(c) LIMITATION.—Amounts appropriated educational agencies of such performance plication and comprehensive plan otherwise under section 4004(2) for a fiscal year may measures for assessing and publicly report- required by this section. A State may not re- not be increased above the amounts appro- ing progress toward meeting such measures ceive a grant under this subpart for a fiscal priated under such section for the previous or revising them as needed; and year subsequent to fiscal year 2000 unless the fiscal year unless the amounts appropriated ‘‘(8) includes any other information the Secretary has approved such State’s applica- under section 4004(1) for the fiscal year in- Secretary may require. tion and comprehensive plan in accordance volved are at least 10 percent greater that ‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.— with this subpart. the amounts appropriated under such section A State’s application under this section shall ‘‘SEC. 4113. STATE AND LOCAL EDUCATIONAL 4004(1) for the previous fiscal year. also contain a comprehensive plan for the AGENCY PROGRAMS. ‘‘SEC. 4112. STATE APPLICATIONS. use of funds under section 4113(a) by the ‘‘(a) USE OF FUNDS.—An amount equal to 80 ‘‘(a) IN GENERAL.—In order to receive an al- State educational agency that includes— percent of the total amount allocated to a lotment under section 4111 for any fiscal ‘‘(1) a plan for monitoring the implementa- State under section 4111 for each fiscal year year, a State shall submit to the Secretary, tion of, and providing technical assistance shall be used by the State educational agen- at such time as the Secretary may require, regarding, the drug and violence prevention cy and its local educational agencies for drug an application that— programs conducted by local educational and violence prevention activities in accord- ‘‘(1) contains a comprehensive plan for the agencies in accordance with section 4116 ance with this section. use of funds by the State educational agency ‘‘(2) a description of how the State edu- ‘‘(b) STATE LEVEL PROGRAMS.— and the chief executive officer to provide cational agency will use funds under section ‘‘(1) IN GENERAL.—A State educational safe, orderly, and drug-free schools and com- 4113(b), including how the agency will re- agency shall use not more than 5 percent of munities; ceive input from parents regarding the use of the amount available under subsection (a) ‘‘(2) contains the results of the State’s such funds; for activities such as— needs assessment for drug and violence pre- ‘‘(3) a description of how the State edu- ‘‘(A) voluntary training and technical as- vention programs, which shall be based on cational agency will coordinate such agen- sistance concerning drug and violence pre- the results of on-going State evaluation ac- cy’s activities under this subpart with the vention for local educational agencies and tivities, including data on the incidence and chief executive officer’s drug and violence educational service agencies, including prevalence, age of onset, perception of health prevention programs under this subpart and teachers, administrators, coaches and ath- risk, and perception of social disapproval of with the prevention efforts of other State letic directors, other staff, parents, students, drug use and violence by youth in schools agencies; and community leaders, health service providers, and communities and the prevalence of risk ‘‘(4) a description of the procedures the local law enforcement officials, and judicial or protective factors, buffers or assets or State educational agency will use to review officials; other research-based variables in the school applications from and allocate funding to ‘‘(B) the development, identification, dis- and community; local educational agencies under section 4115 semination, and evaluation of the most read- ‘‘(3) contains assurances that the sections and how such review will receive input from ily available, accurate, and up-to-date drug of the application concerning the funds pro- parents. and violence prevention curriculum mate- vided to the chief executive officer and the ‘‘(c) GOVERNOR’S FUNDS.—A State’s appli- rials (including videotapes, software, and State educational agency were developed to- cation under this section shall also contain a other technology-based learning resources), gether, with each such officer or State rep- comprehensive plan for the use of funds for consideration by local educational agen- resentative, in consultation and coordina- under section 4114(a) by the chief executive cies; tion with appropriate State officials and oth- officer that includes, with respect to each ac- ‘‘(C) making available to local educational ers, including the chief State school officer, tivity to be carried out by the State— agencies cost effective research-based pro- the chief executive officer, the head of the ‘‘(1) a description of how the chief execu- grams for youth violence and drug abuse pre- State alcohol and drug abuse agency, the tive officer will coordinate such officer’s ac- vention; heads of the State health and mental health tivities under this part with the State edu- ‘‘(D) demonstration projects in drug and agencies, the head of the State criminal jus- cational agency and other State agencies violence prevention, including service-learn- tice planning agency, the head of the State and organizations involved with drug and vi- ing projects; child welfare agency, the head of the State olence prevention efforts; ‘‘(E) training, technical assistance, and board of education, or their designees, and ‘‘(2) a description of how funds reserved demonstration projects to address violence representatives of parents, students, and under section 4114(a) will be used so as not to associated with prejudice and intolerance; community-based organizations; duplicate the efforts of the State educational ‘‘(F) financial assistance to enhance re- ‘‘(4) contains an assurance that the State agency and local educational agencies with sources available for drug and violence pre- will cooperate with, and assist, the Sec- regard to the provision of school-based prevention in areas serving large numbers of

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.010 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3385 economically disadvantaged children or ‘‘(E) high or increasing incidence of vio- vention programs) that is based on ongoing sparsely populated areas, or to meet other lence associated with prejudice and intoler- local assessment or evaluation activities; special needs consistent with the purposes of ance; ‘‘(2) an analysis, based on data reasonably this subpart; and ‘‘(F) high or increasing rates of referrals of available at the time, of the prevalence of ‘‘(G) the evaluation of activities carried youths to drug and alcohol abuse treatment risk or protective factors, buffers or assets out within the State under this part. and rehabilitation programs; or other research-based variables in schools ‘‘(2) SPECIAL RULE.—A State educational ‘‘(G) high or increasing rates of referrals of and communities in the State; agency may carry out activities under this youths to juvenile court; ‘‘(3) a description of the research-based subsection directly, or through grants or ‘‘(H) high or increasing rates of expulsions strategies and programs, which shall be used contracts. and suspensions of students from schools; to prevent or reduce drug use, violence, or ‘‘(c) STATE ADMINISTRATION.— ‘‘(I) high or increasing rates of reported disruptive behavior, which shall include— ‘‘(1) IN GENERAL.—A State educational cases of child abuse and domestic violence; ‘‘(A) a specification of the objectively agency may use not more than 5 percent of ‘‘(J) high or increasing rates of drug re- measurable goals, objectives, and activities the amount reserved under subsection (a) for lated emergencies or deaths; and for the program; the administrative costs of carrying out its ‘‘(K) high rates of reported incidences of ‘‘(B) a specification for how risk factors, if responsibilities under this part. sexual harassment and abuse.’’. any, which have been identified will be tar- ‘‘(2) UNIFORM MANAGEMENT INFORMATION ‘‘(e) REALLOCATION OF FUNDS.—If a local geted through research-based programs; and AND REPORTING SYSTEM.—In carrying out its educational agency chooses not to apply to ‘‘(C) a specification for how protective fac- responsibilities under this part, a State shall receive the amount allocated to such agency tors, buffers, or assets, if any, will be tar- implement a uniform management informa- under subsection (d), or if such agency’s ap- geted through research-based programs; tion and reporting system that includes in- plication under section 4115 is disapproved by ‘‘(4) a specification for the method or formation on the types of curricula, pro- the State educational agency, the State edu- methods by which measurements of program grams and services provided by the State, cational agency shall reallocate such goals will be achieved; and Governor, local education agencies, and amount to one or more of its other local edu- ‘‘(5) a specification for how the evaluation other recipients of funds under this title. cational agencies. of the effectiveness of the prevention pro- ‘‘(d) LOCAL EDUCATIONAL AGENCY PRO- ‘‘(f) RETURN OF FUNDS TO STATE EDU- gram will be assessed and how the results GRAMS.— CATIONAL AGENCY; REALLOCATION.— will be used to refine, improve, and strength- ‘‘(1) IN GENERAL.—A State educational ‘‘(1) RETURN.—Except as provided in para- agency shall distribute not less than 91 per- en the program. graph (2), upon the expiration of the 1-year cent of the amount made available under ‘‘(c) PROGRAMS AUTHORIZED.— period beginning on the date that a local subsection (a) for each fiscal year to local ‘‘(1) IN GENERAL.—A chief executive officer educational agency or educational service educational agencies in accordance with this shall use funds made available under sub- agency under this title receives its alloca- subsection. section (a)(1) directly for grants to or con- tion under this title— ‘‘(2) DISTRIBUTION.—A State educational tracts with parent groups, student-led ‘‘(A) such agency shall return to the State agency shall distribute amounts under para- groups, schools, community action and job educational agency any funds from such allo- graph (1) in accordance with any one of the training agencies, community-based organi- cation that remain unobligated; and following subparagraphs: zations, community anti-drug coalitions, law ‘‘(B) the State educational agency shall re- ‘‘(A) ENROLLMENT AND COMBINATION AP- enforcement education partnerships, and allocate any such amount to local edu- PROACH.—Of the amount distributed under other public entities and private nonprofit cational agencies or educational service paragraph (1), a State educational agency organizations and consortia thereof. In mak- agencies that have plans for using such shall distribute ing such grants and contracts, a chief execu- amount for programs or activities on a time- ‘‘(i) at least 70 percent of such amount to tive officer shall give priority to programs ly basis. local educational agencies, based on the rel- and activities described in subsection (d) ‘‘(2) REALLOCATION.—In any fiscal year, a ative enrollments in public and private non- for— local educational agency, may retain for ob- profit elementary and secondary schools ‘‘(A) children and youth who are not nor- ligation in the succeeding fiscal year— within the boundaries of such agencies; and mally served by State or local educational ‘‘(A) an amount equal to not more than 25 ‘‘(ii) not to exceed 30 percent of any agencies; or percent of the allocation it receives under amounts remaining after amounts are dis- ‘‘(B) populations that need special services this title for such fiscal year; or tributed under clause (i)— or additional resources (such as preschoolers, ‘‘(B) upon a demonstration of good cause ‘‘(I) to each local educational agency in an youth in juvenile detention facilities, run- by such agency or consortium, a greater amount determined appropriate by the State away or homeless children and youth, preg- amount approved by the State educational education agency; or nant and parenting teenagers, and school agency. ‘‘(II) to local educational agencies that the dropouts). State education agency determines have the ‘‘SEC. 4114. GOVERNOR’S PROGRAMS. ‘‘(2) PEER REVIEW.—Grants or contracts greatest need for additional funds to carry ‘‘(a) USE OF FUNDS.— awarded under this subsection shall be sub- out drug and violence prevention programs ‘‘(1) IN GENERAL.—An amount equal to 20 ject to a peer review process. authorized by this subpart. percent of the total amount allocated to a ‘‘(d) AUTHORIZED ACTIVITIES.—Grants and ‘‘(B) COMPETITIVE AND NEED APPROACH.—Of State under section 4111(b)(1) for each fiscal the amount distributed under paragraph (1), year shall be used by the chief executive offi- contracts under subsection (c) shall be used a State educational agency shall distribute cer of such State for drug and violence pre- to carry out the comprehensive State plan as ‘‘(i) not to exceed 70 percent of such vention programs and activities in accord- required under section 4112(a)(1) through pro- amount to local educational agencies that ance with this section. grams and activities such as— the State agency determines, through a com- ‘‘(2) ADMINISTRATIVE COSTS.—A chief execu- ‘‘(1) disseminating information about drug petitive process, have the greatest need for tive officer may use not more than 5 percent and violence prevention; funds to carry out drug and violence preven- of the 20 percent described in paragraph (1) ‘‘(2) the voluntary training of parents, law tion programs based on criteria established for the administrative costs incurred in car- enforcement officials, judicial officials, so- by the State agency and authorized under rying out the duties of such officer under cial service providers, health service pro- this subpart; and this section. The chief executive officer of a viders and community leaders about drug ‘‘(ii) at least 30 percent of any amounts re- State may use amounts under this paragraph and violence prevention, health education maining after amounts are distributed under to award grants to State, county, or local (as it relates to drug and violence preven- clause (i) to local education agencies that law enforcement agencies, including district tion), early intervention, pupil services, or the State agency determines have a need for attorneys, in consultation with local edu- rehabilitation referral; additional funds to carry out the program cation agencies or community-based agen- ‘‘(3) developing and implementing com- authorized under this subpart. cies, for the purposes of carrying out drug prehensive, community-based drug and vio- ‘‘(3) CONSIDERATION OF OBJECTIVE DATA.— abuse and violence prevention activities. lence prevention programs that link commu- For purposes of paragraph (2), in determining ‘‘(b) STATE PLAN.—Amounts shall be used nity resources with schools and integrate which local educational agencies have the under this section in accordance with a services involving education, vocational and greatest need for funds, the State edu- State plan submitted by the chief executive job skills training and placement, law en- cational agency shall consider objective data office of the State. Such State plan shall forcement, health, mental health, commu- which may include— contain— nity service, service-learning, mentoring, ‘‘(A) high or increasing rates of alcohol or ‘‘(1) an objective analysis of the current and other appropriate services; drug use among youth; use (and consequences of such use) of alco- ‘‘(4) planning and implementing drug and ‘‘(B) high or increasing rates of victimiza- hol, tobacco, and controlled, illegal, addict- violence prevention activities that coordi- tion of youth by violence and crime; ive or harmful substances as well as the vio- nate the efforts of State agencies with ef- ‘‘(C) high or increasing rates of arrests and lence, safety, and discipline problems among forts of the State educational agency and its convictions of youth for violent or drug- or students who attend schools in the State (in- local educational agencies; alcohol-related crime; cluding private school students who partici- ‘‘(5) activities to protect students traveling ‘‘(D) the extent of illegal gang activity; pate in the States’s drug and violence pre- to and from school;

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‘‘(6) before-and-after school recreational, ‘‘(b) CONTENTS OF APPLICATIONS.—An appli- abuse and violence problem, uses objective instructional, cultural, and artistic pro- cation under this section shall contain— data and the knowledge of a wide range of grams that encourage drug- and violence- ‘‘(1) an objective analysis of the current community members, develops measurable free lifestyles; use (and consequences of such use) of alco- goals and objectives, and implements re- ‘‘(7) activities that promote the awareness hol, tobacco, and controlled, illegal, addict- search-based programs that have been shown of and sensitivity to alternatives to violence ive or harmful substances as well as the vio- to be effective and meet identified needs. through courses of study that include related lence, safety, and discipline problems among ‘‘(B) DISAPPROVAL.—A State educational issues of intolerance and hatred in history; students who attend the schools of the appli- agency may disapprove a local educational ‘‘(8) developing and implementing activi- cant (including private school students who agency application under this section in ties to prevent and reduce violence associ- participate in the applicant’s drug and vio- whole or in part and may withhold, limit, or ated with prejudice and intolerance; lence prevention program) that is based on place restrictions on the use of funds allot- ‘‘(9) developing and implementing strate- ongoing local assessment or evaluation acted to such a local educational agency in a gies to prevent illegal gang activity; tivities; manner the State educational agency deter- ‘‘(10) coordinating and conducting school ‘‘(2) an analysis, based on data reasonably mines will best promote the purposes of this and community-wide violence and safety and available at the time, of the prevalence of part, except that a local educational agency drug abuse assessments and surveys; risk or protective factors, buffers or assets shall be afforded an opportunity to appeal ‘‘(11) service-learning projects that encour- or other research-based variables in the any such disapproval. school and community; age drug- and violence-free lifestyles; ‘‘SEC. 4116. LOCAL DRUG AND VIOLENCE PREVEN- ‘‘(12) evaluating programs and activities ‘‘(3) a description of the research-based TION PROGRAMS. strategies and programs, which shall be used assisted under this section; ‘‘(a) PROGRAM REQUIREMENTS.—A local edu- to prevent or reduce drug use, violence, or ‘‘(13) developing and implementing commu- cational agency shall use funds received disruptive behavior, which shall include— nity mobilization activities to undertake en- under this subpart to adopt and carry out a ‘‘(A) a specification of the objectively vironmental change strategies related to comprehensive drug and violence prevention measurable goals, objectives, and activities substance abuse and violence; program which shall— for the program, which shall include— ‘‘(14) partnerships between local law en- ‘‘(1) be designed, for all students and school ‘‘(i) reductions in the use of alcohol, to- forcement agencies, including district attor- employees, to— bacco, and illicit drugs and violence by neys, and local education agencies or com- ‘‘(A) prevent the use, possession, and dis- youth; munity-based agencies; and tribution of tobacco, alcohol, and illegal ‘‘(15) developing and implementing strate- ‘‘(ii) specific reductions in the prevalence of identified risk factors; drugs by students and to prevent the illegal gies and programs to greatly reduce the inci- use, possession, and distribution of such sub- dence of sexual harassment and abuse and to ‘‘(iii) specific increases in the prevalence of protective factors, buffers, or assets if any stances by school employees; encourage positive and respectful inter- ‘‘(B) prevent violence and promote school actions between girls and boys.’’. have been identified; or ‘‘(iv) other research-based goals, objec- safety; ‘‘SEC. 4115. LOCAL APPLICATIONS. tives, and activities that are identified as ‘‘(C) create a disciplined environment con- ‘‘(a) APPLICATION REQUIRED.— part of the application that are not other- ducive to learning; and ‘‘(1) IN GENERAL.—In order to be eligible to wise covered under clauses (i) through (iii); ‘‘(D) greatly reduce the incidence of sexual receive a distribution under section 4113(d) ‘‘(B) a specification for how risk factors, if harassment and abuse; for any fiscal year, a local educational agen- any, which have been identified will be tar- ‘‘(2) include activities to promote the in- cy shall submit, at such time as the State geted through research-based programs; and volvement of parents and students and co- educational agency requires, an application ‘‘(C) a specification for how protective fac- ordination with community groups and agen- to the State educational agency for ap- tors, buffers, or assets, if any, will be tar- cies, including the distribution of informa- proval. Such an application shall be amend- geted through research-based programs; tion about the local educational agency’s ed, as necessary, to reflect changes in the ‘‘(4) a specification for the method or needs, goals, and programs under this sub- local educational agency’s program. methods by which measurements of program part; ‘‘(2) DEVELOPMENT.— goals will be achieved; ‘‘(3) implement activities which shall only ‘‘(A) CONSULTATION.—A local educational ‘‘(5) a specification for how the evaluation include— agency shall develop its application under of the effectiveness of the prevention pro- ‘‘(A) a thorough assessment of the sub- subsection (a)(1) in consultation with a local gram will be assessed and how the results stance abuse violence problem, using objec- or substate regional advisory council that will be used to refine, improve, and strength- tive data and the knowledge of a wide range includes, to the extent possible, representa- en the program; of community members; tives of local government, business, parents, ‘‘(6) an assurance that the applicant has, or ‘‘(B) the development of measurable goals students, teachers, pupil services personnel, the schools to be served have, a plan for and objectives; appropriate State agencies, private schools, keeping schools safe and drug-free that ‘‘(C) the implementation of research-based the medical profession, law enforcement, includes— programs that have been shown to be effec- community-based organizations, and other ‘‘(A) appropriate and effective discipline tive and meet identified goals; and groups with interest and expertise in drug policies that prohibit disorderly conduct, the ‘‘(D) an evaluation of program activities; and violence prevention. possession of firearms and other weapons, and ‘‘(B) DUTIES OF ADVISORY COUNCIL.—In addi- and the illegal use, possession, distribution, ‘‘(4) implement prevention programming tion to assisting the local educational agen- and sale of tobacco, alcohol, and other drugs activities within the context of a research- cy to develop an application under this sec- by students; based prevention framework. tion, the advisory council established or des- ‘‘(B) security procedures at school and ‘‘(b) USE OF FUNDS.—A comprehensive, age- ignated under subparagraph (A) shall, on an while students are on the way to and from appropriate, developmentally-, and research- ongoing basis— school; based drug and violence prevention program ‘‘(i) disseminate information about re- ‘‘(C) prevention activities that are de- carried out under this subpart may include— search-based drug and violence prevention signed to create and maintain safe, dis- ‘‘(1) drug or violence prevention and edu- programs, projects, and activities conducted ciplined, and drug-free environments; and cation programs for all students, from the within the boundaries of the local edu- ‘‘(D) a crisis management plan for respond- preschool level through grade 12, that ad- cational agency; ing to violent or traumatic incidents on dress the legal, social, personal and health ‘‘(ii) advise the local educational agency school grounds; and consequences of the use of illegal drugs or vi- regarding how best to coordinate such agen- ‘‘(7) such other information and assurances olence, promote a sense of individual respon- cy’s activities under this subpart with other as the State educational agency may reason- sibility, and provide information about effec- related programs, projects, and activities; ably require. tive techniques for resisting peer pressure to ‘‘(iii) ensure that a mechanism is in place ‘‘(c) REVIEW OF APPLICATION.— use illegal drugs; to enable local educational agencies to have ‘‘(1) IN GENERAL.—In reviewing local appli- ‘‘(2) programs of drug or violence preven- access to up-to-date information concerning cations under this section, a State edu- tion, health education (as it relates to drug the agencies that administer related pro- cational agency shall use a peer review proc- and violence prevention), early intervention, grams, projects, and activities and any ess or other methods of assuring the quality pupil services, mentoring, or rehabilitation changes in the law that alter the duties of of such applications. referral, which emphasize students’ sense of the local educational agencies with respect ‘‘(2) CONSIDERATIONS.— individual responsibility and which may to activities conducted under this subpart; ‘‘(A) IN GENERAL.—In determining whether include— and to approve the application of a local edu- ‘‘(A) the dissemination of information ‘‘(iv) review program evaluations and other cational agency under this section, a State about drug or violence prevention; relevant material and make recommenda- educational agency shall consider the qual- ‘‘(B) the professional development or vol- tions on an active and ongoing basis to the ity of the local educational agency’s com- untary training of school personnel, parents, local educational agency on how to improve prehensive plan under subsection (b)(6) and students, law enforcement officials, judicial such agency’s drug and violence prevention the extent to which the proposed plan pro- officials, health service providers and com- programs. vides a thorough assessment of the substance munity leaders in prevention, education,

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.010 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3387 early intervention, pupil services or rehabili- ‘‘(B) effective in reducing the prevalence of achieving program goals and objectives and tation referral; and risk factors predictive of increased alcohol, whether they used evaluations to improve ‘‘(C) the implementation of strategies, in- tobacco or drug use, and violence; or program goals, objectives and activities; cluding strategies to integrate the delivery ‘‘(C) effective in increasing the prevalence ‘‘(B) whether funded community and local of services from a variety of providers, to of protective factors, buffers, and assets pre- education agency programs have been de- combat illegal alcohol, tobacco and drug use, dictive of decreased alcohol, tobacco or drug signed and implemented in a manner that such as— use and violence among youth; specifically targets, if relevant to the ‘‘(i) family counseling; and ‘‘(10) the collection of objective data used program— ‘‘(ii) activities, such as community service to assess program needs, program implemen- ‘‘(i) research-based variables that are pre- and service-learning projects, that are de- tation, or program success in achieving pro- dictive of drug use or violence; signed to increase students’ sense of commu- gram goals and objectives; ‘‘(ii) risk factors that are predictive of an nity; ‘‘(11) community involvement activities in- increased likelihood that young people will cluding community mobilization; ‘‘(3) age-appropriate, developmentally use drugs, alcohol or tobacco or engage in vi- ‘‘(12) voluntary parental involvement and based violence prevention and education pro- olence or drop out of school; or training; grams for all students, from the preschool ‘‘(iii) protective factors, buffers, or assets ‘‘(13) the evaluation of any of the activities that are known to protect children and level through grade 12, that address the authorized under this subsection; legal, health, personal, and social con- youth from exposure to risk, either by reduc- ‘‘(14) the provision of mental health coun- ing the exposure to risk factors or by chang- sequences of violent and disruptive behavior, seling (by qualified counselors) to students including sexual harassment and abuse, and ing the way the young person responds to for drug or violence related problems; risk, and to increase the likelihood of posi- victimization associated with prejudice and ‘‘(15) consistent with the fourth amend- intolerance, and that include activities de- tive youth development; ment to the Constitution of the United ‘‘(C) whether funded community and local signed to help students develop a sense of in- States, the testing of a student for illegal education agency programs have appreciably dividual responsibility and respect for the drug use or inspecting a student’s locker for reduced the level of drug, alcohol and to- rights of others, and to resolve conflicts guns, explosives, other weapons, or illegal bacco use and school violence and the pres- without violence, or otherwise decrease the drugs, including at the request of or with the ence of firearms at schools; and prevalence of risk factors or increase the consent of a parent or legal guardian of the ‘‘(D) whether funded community and local prevalence of protective factors, buffers, or student, if the local educational agency educational agency programs have con- assets in the community; elects to so test or inspect; and ducted effective parent involvement and vol- ‘‘(4) violence prevention programs for ‘‘(16) the conduct of a nationwide back- untary training programs. school-aged youth, which emphasize stu- ground check of each local educational agen- ‘‘(2) DATA COLLECTION.—The National Cen- dents’ sense of individual responsibility and cy employee (regardless of when hired) and ter for Education Statistics shall collect may include— prospective employees for the purpose of de- data to determine the incidence and preva- ‘‘(A) the dissemination of information termining whether the employee or prospec- lence of social disapproval of drug use and vi- about school safety and discipline; tive employee has been convicted of a crime olence, including sexual harassment and ‘‘(B) the professional development or vol- that bears upon the employee’s or prospec- abuse, in elementary and secondary schools untary training of school personnel, parents, tive employee’s fitness— in the States. ‘‘(A) to have responsibility for the safety students, law enforcement officials, judicial ‘‘(3) BIENNIAL REPORT.—Not later than Jan- officials, and community leaders in design- or well-being of children; uary 1, 2002, and every 2 years thereafter, the ing and implementing strategies to prevent ‘‘(B) to serve in the particular capacity in Secretary shall submit to the President and school violence; which the employee or prospective employee Congress a report on the findings of the eval- ‘‘(C) the implementation of strategies, is or will be employed; or uation conducted under paragraph (1) to- such as conflict resolution and peer medi- ‘‘(C) to otherwise be employed at all by the gether with the data collected under para- ation, student outreach efforts against vio- local educational agency. graph (2) and data available from other ‘‘(c) LIMITATIONS.— lence, anti-crime youth councils (which sources on the incidence and prevalence, age ‘‘(1) IN GENERAL.—Not more than 20 percent work with school and community-based or- of onset, perception of health risk, and per- of the funds made available to a local edu- ganizations to discuss and develop crime pre- ception of social disapproval of drug use in cational agency under this subpart may be vention strategies), and the use of mentoring elementary and secondary schools in the used to carry out the activities described in programs, to combat school violence and States. The Secretary shall include data subparagraphs (5) and (6) of subsection (b). other forms of disruptive behavior, such as mitted by the States pursuant to subsection ‘‘(2) SPECIAL RULE.—A local educational sexual harassment and abuse; and (b)(2)(B). ‘‘(D) the development and implementation agency shall only be able to use funds received under this subpart for activities de- ‘‘(b) STATE REPORT.— of character education programs, as a com- ‘‘(1) IN GENERAL.—By December 1, 2001, and ponent of a comprehensive drug or violence scribed in paragraphs (5) and (6) of subsection (b) if funding for such activities is every 2 years thereafter, the chief executive prevention program, that are tailored by officer of the State, in cooperation with the communities, parents and schools; and not received from other Federal agencies. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in State educational agency, shall submit to ‘‘(E) comprehensive, community-wide this section shall be construed to prohibit the Secretary a report— strategies to prevent or reduce illegal gang the use of funds under this part by any local ‘‘(A) on the implementation and outcomes activities and drug use; educational agency or school for the estab- of State programs under section 4114 and sec- ‘‘(5) supporting ‘safe zones of passage’ for lishment or implementation of a school uni- tion 4113(b) and local educational agency students between home and school through form policy so long as such policy is part of programs under section 4113(d), as well as an such measures as Drug- and Weapon-Free the overall comprehensive drug and violence assessment of their effectiveness; School Zones, enhanced law enforcement, prevention plan of the State involved and is ‘‘(B) on the State’s progress toward attain- and neighborhood patrols; supported by the State’s needs assessment ing its goals for drug and violence prevention ‘‘(6) the acquisition or hiring of school se- and other research-based information. under subsections (b)(1) and (c)(1) of section curity equipment, technologies, personnel, ‘‘SEC. 4117. EVALUATION AND REPORTING. 4112; and or services such as— ‘‘(a) IMPACT EVALUATION.— ‘‘(C) on the State’s efforts to inform par- ‘‘(A) metal detectors; ‘‘(1) BIENNIAL EVALUATION.—The Secretary, ents of, and include parents in, violence and ‘‘(B) electronic locks; in consultation with the National Advisory drug prevention efforts. ‘‘(C) surveillance cameras; and Committee, shall conduct an independent bi- ‘‘(2) SPECIAL RULE.—The report required by ‘‘(D) other drug and violence prevention-re- ennial evaluation of the impact of programs this subsection shall be— lated equipment and technologies; assisted under this subpart and of other re- ‘‘(A) in the form specified by the Sec- ‘‘(7) professional development for teachers cent and new initiatives to combat violence retary; and other staff and curricula that promote in schools. The evaluation shall report on— ‘‘(B) based on the State’s ongoing evalua- the awareness of and sensitivity to alter- ‘‘(A) whether funded community and local tion activities, and shall include data on the natives to violence through courses of study education agency programs— incidence and prevalence, age of onset, per- that include related issues of intolerance and ‘‘(i) provided a thorough assessment of the ception of health risk, and perception of so- hatred in history; substance abuse and violence problem; cial disapproval of drug use and violence by ‘‘(8) the promotion of before-and-after ‘‘(ii) used objective data and the knowledge youth in schools and communities; and school recreational, instructional, cultural, of a wide range of community members; ‘‘(C) made readily available to the public. and artistic programs in supervised commu- ‘‘(iii) developed measurable goals and ob- ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.— nity settings; jectives; and ‘‘(1) IN GENERAL.—Each local educational ‘‘(9) other research-based prevention pro- ‘‘(iv) implemented research-based pro- agency receiving funds under this subpart gramming that is— grams that have been shown to be effective shall submit to the State educational agency ‘‘(A) effective in reducing the prevalence of and meet identified needs; such information that the State requires to alcohol, tobacco or drug use, and violence in ‘‘(v) conducted periodic program evalua- complete the State report required by sub- youth; tions to assess progress made towards section (b), including a description of how

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.010 pfrm09 PsN: S03PT1 S3388 CONGRESSIONAL RECORD — SENATE May 3, 2000 parents were informed of, and participated ‘‘(9) developing and implementing a com- ‘‘(E) the Center for Substance Abuse Pre- in, violence and drug prevention efforts. prehensive violence prevention strategy for vention; ‘‘(2) AVAILABILITY.—Information under schools and communities, that may include ‘‘(F) the Center for Mental Health Serv- paragraph (1) shall be made readily available conflict resolution, peer mediation, the ices; to the public. teaching of law and legal concepts, and other ‘‘(G) the Office of Juvenile Justice and De- ‘‘(3) PROVISION OF DOCUMENTATION.—Not activities designed to stop violence; linquency Prevention; later than January 1 of each year that a ‘‘(10) the implementation of innovative ac- ‘‘(H) the Office of National Drug Control State is required to report under subsection tivities, such as community service and serv- Policy; and (b), the Secretary shall provide to the State ice-learning projects, designed to rebuild ‘‘(I) State and local governments, includ- education agency all of the necessary docu- safe and healthy neighborhoods and increase ing education agencies. mentation required for compliance with this students’ sense of individual responsibility; ‘‘(3) CONSULTATION.—In carrying out its du- section. ‘‘(11) grants to noncommercial tele- ties under this section, the Advisory Com- ‘‘SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS. communications entities for the production mittee shall annually consult with inter- ‘‘(a) GENERAL AUTHORITY.—From the funds and distribution of national video-based ested State and local coordinators of school- made available pursuant to section 4111(a)(4) projects that provide young people with and community-based substance abuse and to carry out this section, the Secretary shall models for conflict resolution and respon- violence prevention programs and other in- make grants to or enter into cooperative sible decisionmaking; terested groups. agreements or contracts with organizations ‘‘(12) the development of education and ‘‘(b) PROGRAMS.— primarily serving and representing Native training programs, curricula, instructional ‘‘(1) IN GENERAL.—From amounts made Hawaiians which are recognized by the Gov- materials, and professional training and de- available under section 4004(2) to carry out ernor of the State of Hawaii to plan, con- velopment for preventing and reducing the this subpart, the Secretary, in consultation duct, and administer programs, or portions incidence of crimes and conflicts motivated with the Advisory Committee, shall carry thereof, which are authorized by and con- by hate in localities most directly affected out research-based programs to strengthen sistent with the provisions of this title for by hate crimes; and the accountability and effectiveness of the the benefit of Native Hawaiians. ‘‘(13) other activities that meet unmet na- State, Governor’s, and national programs ‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For tional needs related to the purposes of this under this title. the purposes of this section, the term ‘Native title. ‘‘(2) GRANTS, CONTRACTS OR COOPERATIVE Hawaiian’ means any individual any of ‘‘(b) PEER REVIEW.—The Secretary shall AGREEMENTS.—The Secretary shall carry out whose ancestors were natives, prior to 1778, use a peer review process in reviewing appli- paragraph (1) directly or through grants, of the area which now comprises the State of Hawaii. cations for funds under this section. contracts, or cooperative agreements with public and nonprofit private organizations ‘‘Subpart 2—National Programs ‘‘SEC. 4122. NATIONAL COORDINATOR PROGRAM. ‘‘(a) IN GENERAL.—From amounts available and individuals or through agreements with ‘‘SEC. 4121. FEDERAL ACTIVITIES. to carry out this section under section other Federal agencies. ‘‘(a) PROGRAM AUTHORIZED.—From funds 4004(3), the Secretary shall provide for the ‘‘(3) COORDINATION.—The Secretary shall made available to carry out this subpart establishment of a National Coordinator coordinate programs under this section with under section 4004(2), the Secretary, in con- other appropriate Federal activities. sultation with the Secretary of Health and Program under which the Secretary shall award grants to local education agencies for ‘‘(4) ACTIVITIES.—Activities that may be Human Services, the Director of the Office of carried out under programs funded under National Drug Control Policy, and the Attor- the hiring of drug prevention and school safety program coordinators. this section may include— ney General, shall carry out programs to ‘‘(A) the provision of technical assistance prevent the illegal use of drugs and violence ‘‘(b) USE OF FUNDS.—Amounts received and training, in collaboration with other among, and promote safety and discipline under a grant under subsection (a) shall be Federal agencies utilizing their expertise for, students at all educational levels from used by local education agencies to recruit, and national and regional training systems, preschool through the post-secondary level. hire, and train individuals to serve as drug for Governors, State education agencies and The Secretary shall carry out such programs prevention and school safety program coordi- directly, or through grants, contracts, or co- nators in schools with significant drug and local education agencies to support high operative agreements with public and pri- school safety problems. Such coordinators quality, effective programs that— vate nonprofit organizations and individuals, shall be responsible for developing, con- ‘‘(i) provide a thorough assessment of the or through agreements with other Federal ducting, and analyzing assessments of drug substance abuse and violence problem; agencies, and shall coordinate such programs and crime problems at their schools, and ad- ‘‘(ii) utilize objective data and the knowl- with other appropriate Federal activities. ministering the safe and drug free grant pro- edge of a wide range of community members; Such programs may include— gram at such schools. ‘‘(iii) develop measurable goals and objectives; and ‘‘(1) the development and demonstration of ‘‘SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND innovative strategies for the voluntary COMMUNITIES ADVISORY COM- ‘‘(iv) implement research-based activities training of school personnel, parents, and MITTEE. that have been shown to be effective and members of the community, including the ‘‘(a) ESTABLISHMENT.— that meet identified needs; demonstration of model preservice training ‘‘(1) IN GENERAL.—There is hereby estab- ‘‘(B) the provision of technical assistance programs for prospective school personnel; lished an advisory committee to be known as and training to foster program account- ‘‘(2) demonstrations and rigorous evalua- the ‘Safe and Drug Free Schools and Commu- ability; tions of innovative approaches to drug and nities Advisory Committee’ (referred to in ‘‘(C) the diffusion and dissemination of violence prevention; this section as the ‘Advisory Committee’) best practices and programs; ‘‘(3) the provision of information on drug to— ‘‘(D) the development of core data sets and abuse education and prevention to the Sec- ‘‘(A) consult with the Secretary under sub- evaluation tools; retary of Health and Human Services for dis- section (b); ‘‘(E) program evaluations; semination by the clearinghouse for alcohol ‘‘(B) coordinate Federal school- and com- ‘‘(F) the provision of information on drug and drug abuse information established munity-based substance abuse and violence abuse education and prevention to the Sec- under section 501(d)(16) of the Public Health prevention programs and reduce duplicative retary of Health and Human Services for dis- Service Act; research or services; semination by the Clearinghouse for Alcohol ‘‘(4) the development of curricula related ‘‘(C) develop core data sets and evaluation and Drug Abuse Information established to child abuse prevention and education and protocols for safe and drug free school- and under section 501(d)(16) of the Public Health the training of personnel to teach child community-based programs; Service Act; and abuse education and prevention to elemen- ‘‘(D) provide technical assistance and ‘‘(G) other activities that meet unmet tary and secondary schoolchildren; training for safe and drug free school- and needs related to the purposes of this title ‘‘(5) program evaluations in accordance community-based programs; and that are undertaken in consultation with section 10201 that address issues not ad- ‘‘(E) provide for the diffusion of research- with the Advisory Committee. dressed under section 4117(a); based safe and drug free school- and commu- ‘‘SEC. 4124. HATE CRIME PREVENTION. ‘‘(6) direct services to schools and school nity-based programs; and ‘‘(a) GRANT AUTHORIZATION.—From funds systems afflicted with especially severe drug ‘‘(F) review other regulations and stand- made available to carry out this subpart and violence problems or to support crisis ards developed under this title. under section 4004(2) the Secretary may situations and appropriate response efforts; ‘‘(2) COMPOSITION.—The Advisory Com- make grants to local educational agencies ‘‘(7) activities in communities designated mittee shall be composed of representatives and community-based organizations for the as empowerment zones or enterprise commu- from— purpose of providing assistance to localities nities that will connect schools to commu- ‘‘(A) the Department of Education, most directly affected by hate crimes. nity-wide efforts to reduce drug and violence ‘‘(B) the Centers for Disease Control and ‘‘(b) USE OF FUNDS.— problems; Prevention; ‘‘(1) PROGRAM DEVELOPMENT.—Grants under ‘‘(8) developing and disseminating drug and ‘‘(C) the National Institute on Drug Abuse; this section may be used to improve elemen- violence prevention materials, including ‘‘(D) the National Institute on Alcoholism tary and secondary educational efforts, video-based projects and model curricula; and Alcohol Abuse; including—

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‘‘(A) development of education and train- mestic violence in dating relationships and ‘‘(1) IN GENERAL.—To be eligible to be ing programs designed to prevent and to re- witnessing domestic violence, and the im- awarded a grant or contract under this sec- duce the incidence of crimes and conflicts pact of the violence described in this sub- tion for any fiscal year, an elementary motivated by hate; paragraph on children; school or secondary school, in consultation ‘‘(B) development of curricula for the pur- ‘‘(B) to provide educational programming with an expert, shall submit an application pose of improving conflict or dispute resolu- to students regarding domestic violence and to the Secretary at such time and in such tion skills of students, teachers, and admin- the impact of experiencing or witnessing do- manner as the Secretary shall prescribe. istrators; mestic violence on children; ‘‘(2) CONTENTS.—Each application sub- ‘‘(C) development and acquisition of equip- ‘‘(C) to provide support services for stu- mitted under paragraph (1) shall— ment and instructional materials to meet dents and school personnel for the purpose of ‘‘(A) describe the need for funds provided the needs of, or otherwise be part of, hate developing and strengthening effective pre- under the grant or contract and the plan for crime or conflict programs; and vention and intervention strategies with re- implementation of any of the activities de- ‘‘(D) professional training and development spect to issues concerning children experi- scribed in subsection (b); for teachers, administrators, families, and encing domestic violence in dating relation- ‘‘(B) describe how the experts shall work in students on the causes, effects, and resolu- ships and witnessing domestic violence, and consultation and collaboration with the ele- tions of hate crimes or hate-based conflicts. the impact of the violence described in this mentary school or secondary school; and ‘‘(2) IN GENERAL.—In order to be eligible to subparagraph on children; and ‘‘(C) provide measurable goals for and ex- receive a grant under this section for any fis- ‘‘(D) to develop and implement school sys- pected results from the use of the funds pro- cal year, a local educational agency, or a tem policies regarding identification and re- vided under the grant or contract. local educational agency in conjunction with ferral procedures for students who are expe- ‘‘(e) APPLICABILITY.—The provisions of this a community-based organization, shall sub- riencing or witnessing domestic violence. part (other than this section) shall not apply mit an application to the Secretary in such ‘‘(2) AWARD BASIS.—The Secretary shall to this section. form and containing such information as the award grants and contracts under this ‘‘(f) DEFINITIONS.—In this section: office may reasonably require. section— ‘‘(1) DOMESTIC VIOLENCE.—The term ‘domestic violence’ means an act or threat of ‘‘(3) REQUIREMENTS.—Each application ‘‘(A) on a competitive basis; and under paragraph (2) shall include— ‘‘(B) in a manner that ensures that such violence, not including an act of self defense, ‘‘(A) a request for funds for the purposes grants and contracts are equitably distrib- committed by— described in this section; uted throughout a State among elementary ‘‘(A) a current or former spouse of the vic- ‘‘(B) a description of the schools and com- schools and secondary schools located in tim; munities to be served by the grants; and rural, urban, and suburban areas in the ‘‘(B) a person with whom the victim shares ‘‘(C) assurances that Federal funds re- State. a child in common; ‘‘(C) a person who is cohabiting with or has ceived under this section shall be used to ‘‘(3) POLICY DISSEMINATION.—The Secretary supplement, not supplant, non-Federal funds. shall disseminate to elementary schools and cohabited with the victim; ‘‘(D) a person who is or has been in a social ‘‘(4) COMPREHENSIVE PLAN.—Each applica- secondary schools any Department of Edu- tion shall include a comprehensive plan that cation policy guidance regarding the preven- relationship of a romantic or intimate na- contains— tion of domestic violence and the impact of ture with the victim; ‘‘(A) a description of the hate crime or con- experiencing or witnessing domestic violence ‘‘(E) a person similarly situated to a flict problems within the schools or the com- on children. spouse of the victim under the domestic or family violence laws of the jurisdiction of munity targeted for assistance; ‘‘(b) USES OF FUNDS.—Funds provided the victim; or ‘‘(B) a description of the program to be de- under this section may be used for the fol- ‘‘(F) any other person against a victim who veloped or augmented by such Federal and lowing purposes: is protected from that person’s act under the matching funds; ‘‘(1) To provide training for elementary domestic or family violence laws of the juris- ‘‘(C) assurances that such program or ac- school and secondary school administrators, diction. tivity shall be administered by or under the faculty, and staff that addresses issues con- ‘‘(2) EXPERTS.—The term ‘experts’ means— supervision of the applicant; cerning elementary school and secondary ‘‘(A) experts on domestic violence from the ‘‘(D) proper and efficient administration of school students who experience domestic vi- educational, legal, youth, mental health, such program; and olence in dating relationships or witness do- substance abuse, and victim advocacy fields; ‘‘(E) fiscal control and fund accounting mestic violence, and the impact of such vio- and procedures as may be necessary to ensure lence on the students. ‘‘(B) State and local domestic violence coa- prudent use, proper disbursement, and accu- ‘‘(2) To provide education programs for ele- litions and community-based youth organi- rate accounting of funds received under this mentary school and secondary school stu- zations. section. dents that are developmentally appropriate ‘‘(3) WITNESS DOMESTIC VIOLENCE.— ‘‘(c) AWARD OF GRANTS.— for the students’ grade levels and are de- ‘‘(A) IN GENERAL.—The term ‘witness do- ‘‘(1) SELECTION OF RECIPIENTS.—The Sec- signed to meet any unique cultural and lan- mestic violence’ means to witness— retary shall consider the incidence of crimes guage needs of the particular student popu- ‘‘(i) an act of domestic violence that con- and conflicts motivated by bias in the tar- lations. stitutes actual or attempted physical as- geted schools and communities in awarding ‘‘(3) To develop and implement elementary sault; or grants under this section. school and secondary school system policies ‘‘(ii) a threat or other action that places ‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Sec- regarding identification and referral proce- the victim in fear of domestic violence. retary shall attempt, to the extent prac- dures for students who are experiencing or ‘‘(B) WITNESS.—In subparagraph (A), the ticable, to achieve an equitable geographic witnessing domestic violence. term ‘witness’ means to— distribution of grant awards. ‘‘(4) To provide the necessary human re- ‘‘(i) directly observe an act, threat, or ac- ‘‘(3) DISSEMINATION OF INFORMATION.—The sources to respond to the needs of elemen- tion described in subparagraph (A), or the Secretary shall attempt, to the extent prac- tary school and secondary school students aftermath of that act, threat, or action; or ticable, to make available information re- and personnel who are faced with the issue of ‘‘(ii) be within earshot of an act, threat, or garding successful hate crime prevention domestic violence, such as a resource person action described in subparagraph (A), or the programs, including programs established or who is either on-site or on-call, and who is aftermath of that act, threat, or action. expanded with grants under this section. an expert. ‘‘(d) REPORTS.—The Secretary shall submit ‘‘(5) To provide media center materials and ‘‘SEC. 4126. SEXUAL HARASSMENT PREVENTION TRAINING GRANTS. to the Congress a report every two years educational materials to elementary schools which shall contain a detailed statement re- ‘‘(a) SHORT TITLE.—This section may be and secondary schools that address issues cited as the ‘Sexual Harassment Prevention garding grants and awards, activities of concerning children who experience domestic grant recipients, and an evaluation of pro- Training Grants Act’. violence in dating relationships and witness ‘‘(b) STATEMENT OF PURPOSES.—It is the grams established under this section. domestic violence, and the impact of the vio- ‘‘SEC. 4125. GRANTS TO COMBAT THE IMPACT OF purpose of this section to— lence described in this paragraph on the chil- ‘‘(1) train teachers and administrators in EXPERIENCING OR WITNESSING DO- dren. MESTIC VIOLENCE ON ELEMENTARY identifying and preventing sexual harass- AND SECONDARY SCHOOL CHIL- ‘‘(6) To conduct evaluations to assess the ment; and DREN. impact of programs assisted under this sec- ‘‘(2) reduce the incidence of sexual harass- ‘‘(a) GRANTS AUTHORIZED.— tion in order to enhance the development of ment in elementary schools and secondary ‘‘(1) AUTHORITY.—The Secretary is author- the programs. schools. ized to award grants and contracts to ele- ‘‘(c) CONFIDENTIALITY.—Policies, programs, ‘‘(c) PROGRAM AUTHORITY; AUTHORIZATION mentary schools and secondary schools that training materials, and evaluations devel- OF APPROPRIATIONS.— work with experts to enable the elementary oped and implemented under subsection (b) ‘‘(1) PROGRAM AUTHORITY.—The Secretary schools and secondary schools— shall address issues of victim safety and con- is authorized to carry out a program of ‘‘(A) to provide training to school adminis- fidentiality in a manner consistent with ap- awarding grants to eligible entities to enable trators, faculty, and staff, with respect to plicable Federal and State laws. such entities to train teachers and adminis- issues concerning children experiencing do- ‘‘(d) APPLICATION.— trators in identifying and preventing sexual

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harassment. A grant recipient shall be re- ‘‘(7) RISK FACTOR.—The term ‘risk factor’ chief executive officer of the State or the in- sponsible for— means any one of a number of characteris- dividual, entity, or agency described in sub- ‘‘(A) determining the type of training to be tics of the community, school, family, or section (a), as the case may be. offered with respect to identifying and pre- peer-individual domains that are known, ‘‘(d) PUBLIC NOTIFICATION.—Not less than venting sexual harassment; and through prospective, longitudinal research once a year, the chief executive officer of ‘‘(B) defining the term sexual harassment. efforts, to be predictive of alcohol, tobacco, each State or the individual, entity, or agen- ‘‘(2) ELIGIBLE ENTITY.—The Secretary is au- and illicit drug use, as well as violent behav- cy described in subsection (a), as the case thorized to award grants under this section ior, by youth in the school and community. may be, shall make available to the public a to State educational agencies, local edu- ‘‘(8) SCHOOL-AGED POPULATION.—The term list of the names of each public school in the cational agencies, or other private and pub- ‘school-aged population’ means the popu- State that has received a quality program lic agencies and organizations for the plan- lation aged five through 17, as determined by school designation in accordance with this ning, developing, or carrying out the activi- the Secretary on the basis of the most recent section.’’. ties described in paragraph (1). satisfactory data available from the Depart- SEC. 402. GUN-FREE REQUIREMENTS. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ment of Commerce. Title IV (20 U.S.C. 7101 et seq.) is amended There are authorized to be appropriated to ‘‘(9) SCHOOL PERSONNEL.—The term ‘school by adding at the end the following: carry out this section $10,000,000 for fiscal personnel’ includes teachers, administrators, ‘‘PART B—GUN POSSESSION year 2001, and such sums as may be necessary counselors, social workers, psychologists, for each of the 4 succeeding fiscal years.’’. nurses, librarians, and other support staff ‘‘SEC. 4201. GUN-FREE REQUIREMENTS. who are employed by a school or who per- ‘‘(a) SHORT TITLE.—This part may be cited ‘‘Subpart 3—General Provisions form services for the school on a contractual as the ‘‘Gun-Free Schools Act of 1994’’. ‘‘SEC. 4131. DEFINITIONS. basis. ‘‘(b) REQUIREMENTS.— ‘‘(1) IN GENERAL.—Each State receiving ‘‘In this part: ‘‘SEC. 4132. MATERIALS. Federal funds under this Act shall have in ef- ‘‘(1) COMMUNITY-BASED ORGANIZATION.—The ‘‘(a) ‘ILLEGAL AND HARMFUL’ MESSAGE.— fect a State law requiring local educational term ‘community-based organization’ means Drug prevention programs supported under agencies to expel from school for a period of a private nonprofit organization which is this part shall convey a clear and consistent not less than one year a student who is de- representative of a community or significant message that the illegal use of alcohol and termined to have brought a weapon to a segments of a community and which pro- other drugs is illegal and harmful. school under the jurisdiction of local edu- vides educational or related services to indi- ‘‘(b) CURRICULUM.—The Secretary shall not cational agencies in that State, except that viduals in the community. prescribe the use of specific curricula for such State law shall allow the chief admin- ‘‘(2) DRUG AND VIOLENCE PREVENTION.—The programs supported under this part, but may istering officer of a local educational agency term ‘drug and violence prevention’ means— evaluate the effectiveness of such curricula to modify such expulsion requirement for a ‘‘(A) with respect to drugs, prevention, and other strategies in drug and violence student on a case-by-case basis. early intervention, rehabilitation referral, or prevention. ‘‘(2) CONSTRUCTION.—Nothing in this part education related to the illegal use of alco- ‘‘SEC. 4133. PROHIBITED USES OF FUNDS. shall be construed to prevent a State from hol and the use of controlled, illegal, addict- ‘‘No funds under this part may be used allowing a local educational agency that has ive, or harmful substances, including for— expelled a student from such a student’s reg- inhalants and anabolic steroids; ‘‘(1) construction (except for minor remod- ular school setting from providing edu- ‘‘(B) prevention, early intervention, smok- eling needed to accomplish the purposes of cational services to such student in an alter- ing cessation activities, or education, re- this part); and native setting. lated to the use of tobacco by children and ‘‘(2) medical services, drug treatment or re- ‘‘(3) DEFINITION.—For the purpose of this youth eligible for services under this title; habilitation, except for pupil services or re- section, the term ‘weapon’ means a firearm and ferral to treatment for students who are vic- as such term is defined in section 921(a) of ‘‘(C) with respect to violence, the pro- tims of or witnesses to crime or who use al- title 18, United States Code. motion of school safety, such that students cohol, tobacco, or drugs. ‘‘(c) SPECIAL RULE.—The provisions of this and school personnel are free from violent ‘‘SEC. 4134. QUALITY RATING. section shall be construed in a manner con- and disruptive acts, including sexual harass- ‘‘(a) IN GENERAL.—The chief executive offi- sistent with the Individuals with Disabilities ment and abuse, and victimization associ- cer of each State, or in the case of a State in Education Act. ated with prejudice and intolerance, on which the constitution or law of such State ‘‘(d) REPORT TO STATE.—Each local edu- school premises, going to and from school, designates another individual, entity, or cational agency requesting assistance from and at school-sponsored activities, through agency in the State to be responsible for edu- the State educational agency that is to be the creation and maintenance of a school en- cation activities, such individual, entity, or provided from funds made available to the vironment that is free of weapons and fosters agency, is authorized and encouraged— State under this Act shall provide to the individual responsibility and respect for the ‘‘(1) to establish a standard of quality for State, in the application requesting such rights of others. drug, alcohol, and tobacco prevention pro- assistance— ‘‘(3) HATE CRIME.—The term ‘hate crime’ grams implemented in public elementary ‘‘(1) an assurance that such local edu- means a crime as described in section 1(b) of schools and secondary schools in the State in cational agency is in compliance with the the Hate Crime Statistics Act of 1990. accordance with subsection (b); and State law required by subsection (b); and ‘‘(4) NONPROFIT.—The term ‘nonprofit’, as ‘‘(2) to identify and designate, upon appli- ‘‘(2) a description of the circumstances sur- applied to a school, agency, organization, or cation by a public elementary school or sec- rounding any expulsions imposed under the institution means a school, agency, organi- ondary school, any such school that achieves State law required by subsection (b), zation, or institution owned and operated by such standard as a quality program school. including— one or more nonprofit corporations or asso- ‘‘(b) CRITERIA.—The standard referred to in ‘‘(A) the name of the school concerned; ciations, no part of the net earnings of which subsection (a) shall address, at a minimum— ‘‘(B) the number of students expelled from inures, or may lawfully inure, to the benefit ‘‘(1) a comparison of the rate of illegal use such school; and of any private shareholder or individual. of drugs, alcohol, and tobacco by students ‘‘(C) the type of weapons concerned. ‘‘(5) OBJECTIVELY MEASURABLE GOALS.—The enrolled in the school for a period of time to ‘‘(e) REPORTING.—Each State shall report term ‘objectively measurable goals’ means be determined by the chief executive officer the information described in subsection (d) prevention programming goals defined of the State; to the Secretary on an annual basis.’’. through use of quantitative epidemiological ‘‘(2) the rate of suspensions or expulsions data measuring the prevalence of alcohol, to- of students enrolled in the school for drug, SEC. 403. TRANSFER OF SCHOOL DISCIPLINARY RECORDS. bacco, and other drug use, violence, and the alcohol, or tobacco-related offenses; Title IV (20 U.S.C. 7101 et seq.) is amended prevalence of risk and protective factors pre- ‘‘(3) the effectiveness of the drug, alcohol, by adding at the end the following: dictive of these behaviors, collected through or tobacco prevention program as proven by a variety of methods and sources known to research; ‘‘PART C—TRANSFER OF SCHOOL provide high quality data. ‘‘(4) the involvement of parents and com- DISCIPLINARY RECORDS. ‘‘(6) PROTECTIVE FACTOR, BUFFER, OR munity members in the design of the drug, ‘‘SEC. 4301. TRANSFER OF SCHOOL DISCIPLINARY ASSET.—The terms ‘protective factor’, ‘buff- alcohol, and tobacco prevention program; RECORDS. er’, and ‘asset’ mean any one of a number of and ‘‘(a) NONAPPLICATION OF PROVISIONS.—The the community, school, family, or peer-indi- ‘‘(5) the extent of review of existing com- provisions of this section shall not apply to vidual domains that are known, through pro- munity drug, alcohol, and tobacco preven- any suspension or expulsion disciplinary spective, longitudinal research efforts, or tion programs before implementation of the records transferred from a private, parochial, which are grounded in a well-established the- public school program. or other nonpublic school, person, institu- oretical model of prevention, and have been ‘‘(c) REQUEST FOR QUALITY PROGRAM tion, or other entity, that provides education shown to prevent alcohol, tobacco, or illicit SCHOOL DESIGNATION.—A school that wishes below the college level. drug use, as well as violent behavior, by to receive a quality program school designa- ‘‘(b) DISCIPLINARY RECORDS.—Not later youth in the community, and which promote tion shall submit a request and documenta- than 2 years after the date of enactment of positive youth development. tion of compliance with this section to the this part, each State receiving Federal funds

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.010 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3391 under this Act shall provide an assurance to care or day care or early childhood develop- sessment or order to such person by certified the Secretary that the State has a procedure ment (Head Start) services. mail with return receipt and provide infor- in place to facilitate the transfer of suspen- ‘‘(2) EXCEPTION.—Paragraph (1) shall not mation in the notice of an opportunity to re- sion and expulsion disciplinary records by apply to— quest in writing, not later than 30 days after local educational agencies to any private or ‘‘(A) any portion of such facility that is the date of receipt of such notice, such hear- public elementary school or secondary used for inpatient hospital treatment of indi- ing. The notice shall reasonably describe the school for any student who is enrolled or viduals dependent on, or addicted to, drugs violation and be accompanied with the pro- seeks, intends, or is instructed to enroll, or alcohol; and cedures for such hearing and a simple form full-time or part-time, in the school.’’. ‘‘(B) any private residence. that may be used to request such hearing if SEC. 404. ENVIRONMENTAL TOBACCO SMOKE. ‘‘(c) FEDERAL AGENCIES.— such person desires to use such form. If a ‘‘(1) KINDERGARTEN, ELEMENTARY, OR SEC- Title IV (20 U.S.C. 7101 et seq.) is amended hearing is requested, the Secretary shall es- ONDARY EDUCATION OR LIBRARY SERVICES.— by adding at the end the following: tablish by such certified notice the time and After the date of the enactment of the Edu- place for such hearing, which shall be lo- ‘‘PART D—ENVIRONMENTAL TOBACCO cational Excellence for All Children Act of cated, to the greatest extent possible, at a SMOKE 2000, no Federal agency shall permit smoking location convenient to such person. The Sec- ‘‘SEC. 4401. SHORT TITLE. within any indoor facility in the United retary (or the Secretary’s designee) and such ‘‘This part may be cited as the ‘Pro-Chil- States operated by such agency, directly or person may consult to arrange a suitable dren Act of 2000’. by contract, to provide routine or regular date and location where appropriate. ‘‘SEC. 4402. DEFINITIONS. kindergarten, elementary, or secondary edu- ‘‘(3) CIRCUMSTANCES AFFECTING PENALTY OR ‘‘As used in this part: cation or library services to children. ORDER.—In determining the amount of the ‘‘(2) HEALTH OR DAY CARE OR EARLY CHILD- ‘‘(1) CHILDREN.—The term ‘children’ means civil penalty or the nature of the administra- individuals who have not attained the age of HOOD DEVELOPMENT SERVICES.— tive compliance order, the Secretary shall 18. ‘‘(A) IN GENERAL.—After the date of the en- take into account, as appropriate— actment of the Educational Excellence for ‘‘(2) CHILDREN’S SERVICES.—The term ‘chil- ‘‘(A) the nature, circumstances, extent, dren’s services’ means the provision on a All Children Act of 2000, no Federal agency and gravity of the violation; routine or regular basis of health, day care, shall permit smoking within any indoor fa- ‘‘(B) with respect to the violator, any good education, or library services— cility (or portion of such facility) operated faith efforts to comply, the importance of ‘‘(A) that are funded, after the date of the by such agency, directly or by contract, to achieving early and permanent compliance, enactment of the Educational Excellence for provide routine or regular health or day care the ability to pay or comply, the effect of All Children Act of 2000, directly by the Fed- or early childhood development (Head Start) the penalty or order on the ability to con- eral Government or through State or local services to children. tinue operation, any prior history of the governments, by Federal grant, loan, loan ‘‘(B) EXCEPTION.—Subparagraph (A) shall same kind of violation, the degree of culpa- guarantee, or contract programs— not apply to— bility, and any demonstration of willingness ‘‘(i) administered by either the Secretary ‘‘(i) any portion of such facility that is to comply with the prohibitions of this sec- of Health and Human Services or the Sec- used for inpatient hospital treatment of indi- tion in a timely manner; and retary of Education (other than services pro- viduals dependent on, or addicted to, drugs ‘‘(C) such other matters as justice may re- vided and funded solely under titles XVIII or alcohol; and quire. and XIX of the Social Security Act); or ‘‘(ii) any private residence. ‘‘(4) MODIFICATION.—The Secretary may, as ‘‘(ii) administered by the Secretary of Ag- ‘‘(3) APPLICATION OF PROVISIONS.—The pro- appropriate, compromise, modify, or remit, riculture in the case of a clinic (as defined in visions of paragraph (2) shall also apply to with or without conditions, any civil penalty part 246.2 of title 7, Code of Federal Regula- the provision of such routine or regular kin- or administrative compliance order. In the tions (or any corresponding similar regula- dergarten, elementary or secondary edu- case of a civil penalty, the amount, as finally tion or ruling)) under section 17(b)(6) of the cation or library services in the facilities de- determined by the Secretary or agreed upon Child Nutrition Act of 1966; or scribed in paragraph (2) not subject to para- in compromise, may be deducted from any ‘‘(B) that are provided in indoor facilities graph (1). sums that the United States or the agencies ‘‘(d) NOTICE.—The prohibitions in sub- that are constructed, operated, or main- or instrumentalities of the United States sections (a) through (c) shall be published in tained with such Federal funds, as deter- owe to the person against whom the penalty a notice in the Federal Register by the Sec- is assessed. mined by the appropriate head of a Federal retary (in consultation with the heads of ‘‘(5) PETITION FOR REVIEW.—Any person ag- agency in any enforcement action carried other affected agencies) and by such agency grieved by a penalty assessed or an order out under this part, heads in funding arrangements involving the issued, or both, by the Secretary under this except that nothing in clause (ii) of subpara- provision of children’s services administered section may file a petition for judicial re- graph (A) is intended to include facilities by such heads. Such prohibitions shall be ef- (other than clinics) where coupons are re- fective 90 days after such notice is published, view of the order with the United States deemed under the Child Nutrition Act of or 270 days after the date of the enactment of Court of Appeals for the District of Columbia 1966. the Educational Excellence for All Children Circuit or for any other circuit in which the ‘‘(3) INDOOR FACILITY.—The term ‘indoor fa- Act of 2000, whichever occurs first. person resides or transacts business. Such cility’ means a building that is enclosed. ‘‘(e) CIVIL PENALTIES.— person shall provide a copy of the petition to ‘‘(4) PERSON.—The term ‘person’ means any ‘‘(1) IN GENERAL.—Any failure to comply the Secretary or the Secretary’s designee. State or local subdivision of a State, agency with a prohibition in this section shall be The petition shall be filed within 30 days of such State or subdivision, corporation, or considered to be a violation of this section after the Secretary’s assessment or order, or partnership that owns or operates or other- and any person subject to such prohibition both, are final and have been provided to wise controls and provides children’s services who commits such violation may be liable to such person by certified mail. The Secretary or any individual who owns or operates or the United States for a civil penalty in an shall promptly provide to the court a cer- otherwise controls and provides such serv- amount not to exceed $1,000 for each viola- tified copy of the transcript of any hearing ices. tion, or may be subject to an administrative held under this section and a copy of the no- ‘‘(5) SECRETARY.—The term ‘Secretary’ compliance order, or both, as determined by tice or order. means the Secretary of Health and Human the Secretary. Each day a violation con- ‘‘(6) FAILURE TO COMPLY.—If a person fails Services. tinues shall constitute a separate violation. to pay an assessment of a civil penalty or ‘‘SEC. 4403. NONSMOKING POLICY FOR CHIL- In the case of any civil penalty assessed comply with an order, after the assessment DREN’S SERVICES. under this section, the total amount shall or order, or both, are final under this sec- ‘‘(a) PROHIBITION.—After the date of the en- not exceed the amount of Federal funds re- tion, or after a court has entered a final actment of the Educational Excellence for ceived by such person for the fiscal year in judgment under paragraph (5) in favor of the All Children Act of 2000 no person shall per- which the continuing violation occurred. For Secretary, the Attorney General, at the remit smoking within any indoor facility the purpose of the prohibition in subsection quest of the Secretary, shall recover the owned or leased or contracted for, and uti- (c), the term ‘person’, as used in this para- amount of the civil penalty (plus interest at lized, by such person for provision of routine graph, shall mean the head of the applicable prevailing rates from the day the assessment or regular kindergarten, elementary, or sec- Federal agency or the contractor of such or order, or both, are final) or enforce the ondary education or library services to chil- agency providing the services to children. order in an action brought in the appropriate dren. ‘‘(2) ADMINISTRATIVE PROCEEDING.—A civil district court of the United States. In such ‘‘(b) ADDITIONAL PROHIBITION.— penalty may be assessed in a written notice, action, the validity and appropriateness of ‘‘(1) IN GENERAL.—After the date of the en- or an administrative compliance order may the penalty or order or the amount of the actment of the Educational Excellence for be issued under paragraph (1), by the Sec- penalty shall not be subject to review. All Children Act of 2000, no person shall per- retary only after an opportunity for a hear- ‘‘SEC. 4404. PREEMPTION. mit smoking within any indoor facility (or ing in accordance with section 554 of title 5, ‘‘Nothing in this part is intended to pre- portion of such a facility) owned or leased or United States Code. Before making such as- empt any provision of law of a State or polit- contracted for, and utilized by, such person sessment or issuing such order, or both, the ical subdivision of a State that is more re- for the provision of regular or routine health Secretary shall give written notice of the as- strictive than a provision of this part.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.010 pfrm09 PsN: S03PT1 S3392 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘PART E—OTHER PROGRAMS TITLE V—EDUCATIONAL OPPORTUNITY ‘‘(1) part of an approved desegregation INITIATIVES plan; and ‘‘SEC. 4501. PROJECT SERV. SEC. 501. EDUCATIONAL OPPORTUNITY INITIA- ‘‘(2) designed to bring students from dif- ‘‘(a) ESTABLISHMENT.— TIVES. ferent social, economic, ethnic, and racial ‘‘(1) IN GENERAL.—From funds appropriated The heading for title V (20 U.S.C. 7201 et backgrounds together. to carry out this part for each fiscal year seq.) is amended to read as follows: ‘‘SEC. 5003. DEFINITION. under subsection (d), the Secretary is au- ‘‘TITLE V—EDUCATIONAL OPPORTUNITY ‘‘For the purpose of this part, the term thorized to carry out a program of providing INITIATIVES’’. ‘magnet school’ means a public elementary education-related services to local edu- PART A—MAGNET SCHOOLS ASSISTANCE school or secondary school or a public ele- cational agencies in which the learning envi- SEC. 511. MAGNET SCHOOLS ASSISTANCE. mentary or secondary education center that ronment has been disrupted due to a violent Part A of title V (20 U.S.C. 7201 et seq.) is offers a special curriculum capable of at- or traumatic crisis, such as a shooting or amended to read as follows: tracting substantial numbers of students of major accident. Such program shall be re- ‘‘PART A—MAGNET SCHOOLS ASSISTANCE different racial backgrounds. ferred to as ‘Project SERV’. ‘‘SEC. 5001. FINDINGS AND STATEMENT OF PUR- ‘‘SEC. 5004. ELIGIBILITY. ‘‘(2) GRANTS, CONTRACTS, OR COOPERATIVE POSE. ‘‘A local educational agency, or consor- AGREEMENTS.—The Secretary may carry out ‘‘(a) FINDINGS.—Congress makes the fol- tium of such agencies where appropriate, is Project SERV directly, or through grants, lowing findings: eligible to receive assistance under this part contracts, or cooperative agreements with ‘‘(1) Magnet schools are a significant part to carry out the purposes of this part if such public and private organizations, agencies, of our Nation’s effort to achieve voluntary agency or consortium— and individuals, or through agreements with desegregation of our Nation’s schools. ‘‘(1) is implementing a plan undertaken other Federal agencies. ‘‘(2) It is in the national interest to con- pursuant to a final order issued by a court of tinue the Federal Government’s support of ‘‘(b) AUTHORIZED ACTIVITIES.— the United States, or a court of any State, or school districts that are implementing ‘‘(1) IN GENERAL.—Project SERV may any other State agency or official of com- court-ordered desegregation plans and school provide— petent jurisdiction, that requires the deseg- districts that are voluntarily seeking to fos- ‘‘(A) assistance to school personnel in as- regation of minority-group-segregated chil- ter meaningful interaction among students dren or faculty in the elementary schools sessing a crisis situation, including— of different racial and ethnic backgrounds. ‘‘(i) assessing the resources available to and secondary schools of such agency; or ‘‘(3) Desegregation can help ensure that all ‘‘(2) without having been required to do so, the local educational agency and community students have equitable access to high-qual- to respond to the situation; and has adopted and is implementing, or will, if ity education that will prepare them to func- assistance is made available to such local ‘‘(ii) developing a response plan to coordi- tion well in a technologically oriented and nate services provided at the Federal, State, educational agency or consortium of such highly competitive society comprised of peo- agencies under this part, adopt and imple- and local level; ple from many different racial and ethnic ment a plan that has been approved by the ‘‘(B) mental health crisis counseling to backgrounds. Secretary as adequate under title VI of the students and their families, teachers, and ‘‘(4) It is in the national interest to deseg- Civil Rights Act of 1964 for the desegregation others in need of such services; regate and diversify those schools in our Na- of minority-group-segregated children or fac- ‘‘(C) increased school security; tion that are racially, economically, linguis- ulty in such schools. ‘‘(D) training and technical assistance for tically, or ethnically segregated. Such seg- ‘‘SEC. 5005. APPLICATIONS AND REQUIREMENTS. State and local educational agencies, State regation exists between minority and non- and local mental health agencies, State and minority students as well as among students ‘‘(a) APPLICATIONS.—An eligible local edu- local law enforcement agencies, and commu- of different minority groups. cational agency or consortium of such agen- nities to enhance their capacity to develop ‘‘(b) STATEMENT OF PURPOSE.—The purpose cies desiring to receive assistance under this and implement crisis intervention plans; of this part is to assist in the desegregation part shall submit an application to the Sec- ‘‘(E) services and activities designed to of schools served by local educational agen- retary at such time, in such manner, and identify and disseminate the best practices cies by providing financial assistance to eli- containing such information and assurances of school- and community-related plans for gible local educational agencies for— as the Secretary may reasonably require. responding to crises; and ‘‘(1) the elimination, reduction, or preven- ‘‘(b) INFORMATION AND ASSURANCES.—Each ‘‘(F) other needed services and activities tion of minority group isolation in elemen- such application shall include— that are consistent with the purposes of this tary schools and secondary schools with sub- ‘‘(1) a description of— section. stantial proportions of minority students ‘‘(A) how assistance made available under which shall assist in the efforts of the United this part will be used to promote desegrega- ‘‘(2) CRITERIA AND REPORTING REQUIRING.— tion, including how the proposed magnet The Secretary, in consultation with the At- States to achieve voluntary desegregation in school project will increase interaction torney General, the Secretary of Health and public schools; among students of different social, eco- Human Services, and the Director of the ‘‘(2) the development and implementation nomic, ethnic, and racial backgrounds; Federal Emergency Management Agency— of magnet school projects that will assist ‘‘(B) the manner and extent to which the ‘‘(A) shall establish such criteria and appli- local educational agencies in achieving systemic reforms and providing all students the magnet school project will increase student cation requirements as may be needed to se- opportunity to meet challenging State and achievement in the instructional area or lect which local educational agencies are as- local content standards and challenging areas offered by the school; sisted under this section; and State and local student performance stand- ‘‘(C) how an applicant will continue the ‘‘(B) may establish such reporting require- ards; magnet school project after assistance under ments as may be needed to collect uniform ‘‘(3) the development and design of innova- this part is no longer available, including, if data and other information from all local tive educational methods and practices; applicable, an explanation of why magnet educational agencies assisted under this sec- ‘‘(4) courses of instruction within magnet schools established or supported by the ap- tion. schools that will substantially strengthen plicant with funds under this part cannot be ‘‘(c) COORDINATING COMMITTEE.— the knowledge of academic subjects and the continued without the use of funds under ‘‘(1) ESTABLISHMENT.—There shall be estab- grasp of tangible and marketable vocational, this part; lished a Federal coordinating committee on technological and career skills of students ‘‘(D) how funds under this part will be used school crises comprised of the Secretary, the attending such schools; to implement services and activities that are Attorney General, the Secretary of Health ‘‘(5) improving the capacity of local edu- consistent with other programs under this and Human Services, the Director of the cational agencies, including through profes- Act, and other Acts, as appropriate, in ac- Federal Emergency Management Agency, sional development, to continue operating cordance with the provisions of section 6506; the Director of the Office of National Drug magnet schools at a high performance level and Control Policy, and such other members as after Federal funding is terminated; and ‘‘(E) the criteria to be used in selecting the Secretary determines appropriate. The ‘‘(6) ensuring that all students enrolled in students to attend the proposed magnet Secretary shall serve as chair of the Com- the magnet school program have equitable school project; and mittee. access to high quality education that will ‘‘(2) assurances that the applicant will— ‘‘(2) COORDINATION.—The Committee shall enable the students to succeed academically ‘‘(A) use funds under this part for the pur- coordinate the Federal responses to crises and continue with post secondary education poses specified in section 5001(b); that occur in schools or directly affect the or productive employment. ‘‘(B) employ State certified or licensed learning environment in schools. ‘‘SEC. 5002. PROGRAM AUTHORIZED. teachers in the courses of instruction as- ‘‘The Secretary, in accordance with this sisted under this part to teach or supervise ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— part, is authorized to make grants to eligible others who are teaching the subject matter There is authorized to be appropriated local educational agencies, and consortia of of the courses of instruction; $15,000,000 for fiscal year 2001, and such sums such agencies where appropriate, to carry ‘‘(C) not engage in discrimination based on as may be necessary for each of the 4 fol- out the purpose of this part for magnet race, religion, color, national origin, sex, or lowing fiscal years.’’. schools that are— disability in—

VerDate 27-APR-2000 05:12 May 04, 2000 Jkt 079060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.010 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3393 ‘‘(i) the hiring, promotion, or assignment administration of a magnet school program projects assisted under this part and to proof employees of the agency or other per- in order to serve students attending a school vide technical assistance for grant recipients sonnel for whom the agency has any admin- who are not enrolled in a magnet school pro- under this part. istrative responsibility; gram; and ‘‘(b) CONTENTS.—Each evaluation described ‘‘(ii) the assignment of students to schools, ‘‘(7) to enable the local educational agency in subsection (a), at a minimum, shall or to courses of instruction within the or consortium to have flexibility in design- address— school, of such agency, except to carry out ing magnet schools for students at all ‘‘(1) how and the extent to which magnet the approved plan; and grades. school programs lead to educational quality ‘‘(iii) designing or operating extra- ‘‘(b) SPECIAL RULE.—Grant funds under and improvement; curricular activities for students; this part may be used in accordance with ‘‘(2) the extent to which magnet school ‘‘(D) carry out a high-quality education paragraphs (2) and (3) of subsection (a) only programs enhance student access to quality program that will encourage greater paren- if the activities described in such paragraphs education; tal decisionmaking and involvement; and are directly related to improving the stu- ‘‘(3) the extent to which magnet school ‘‘(E) give students residing in the local at- dents’ reading skills or knowledge of mathe- programs lead to the elimination, reduction, tendance area of the proposed magnet school matics, science, history, geography, English, or prevention of minority group isolation in project equitable consideration for place- foreign languages, art, or music, or to im- elementary schools and secondary schools ment in the project, consistent with desegre- proving vocational, technological and career with substantial proportions of minority stu- gation guidelines and the capacity of the skills. dents; project to accommodate these students. ‘‘SEC. 5008. PROHIBITION. ‘‘(4) the extent to which magnet school ‘‘(c) SPECIAL RULE.—No application may be Grants under this part may not be used for programs differ from other school programs approved under this section unless the As- transportation or any activity that does not in terms of the organizational characteris- sistant Secretary of Education for Civil augment academic improvement. tics and resource allocations of such magnet Rights determines that the assurances de- ‘‘SEC. 5009. LIMITATIONS. school programs; and scribed in subsection (b)(2)(C) will be met. ‘‘(a) DURATION OF AWARDS.—A grant under ‘‘(5) the extent to which magnet school ‘‘SEC. 5006. PRIORITY. this part shall be awarded for a period that programs continue once grant assistance ‘‘In approving applications under this part, shall not exceed three fiscal years. under this part is terminated. the Secretary shall give priority to appli- ‘‘(b) LIMITATION ON PLANNING FUNDS.—A ‘‘(c) DISSEMINATION.—The Secretary shall cants that— local educational agency may expend for collect and disseminate to the general public ‘‘(1) demonstrate the greatest need for as- planning (professional development shall not information on successful magnet school sistance, based on the expense or difficulty be considered as planning for purposes of this programs. of effectively carrying out an approved de- subsection) not more than 50 percent of the ‘‘SEC. 5012. AUTHORIZATION OF APPROPRIA- segregation plan and the projects for which funds received under this part for the first TIONS; RESERVATION. assistance is sought; year of the project, 25 percent of such funds ‘‘(a) AUTHORIZATION.—For the purpose of ‘‘(2) propose to carry out new magnet for the second such year, and 15 percent of carrying out this part, there are authorized school projects, or significantly revise exist- such funds for the third such year. to be appropriated $130,000,000 for fiscal year ing magnet school projects; ‘‘(c) AMOUNT.—No local educational agency 2001 and such sums as may be necessary for ‘‘(3) propose to select students to attend or consortium awarded a grant under this each of the 4 succeeding fiscal years. magnet school projects by methods such as part shall receive more than $4,000,000 under ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO lottery, rather than through academic exam- this part in any one fiscal year. AGENCIES NOT PREVIOUSLY ASSISTED.—In any ination; ‘‘(d) TIMING.—To the extent practicable, fiscal year for which the amount appro- ‘‘(4) propose to implement innovative edu- the Secretary shall award grants for any fis- priated pursuant to subsection (a) exceeds cational approaches that are consistent with cal year under this part not later than June $75,000,000, the Secretary shall give priority the State and local content and student per- 1 of the applicable fiscal year. to using such amounts in excess of $75,000,000 formance standards; and ‘‘SEC. 5010. INNOVATIVE PROGRAMS. to award grants to local educational agen- ‘‘(5) propose activities, which may include ‘‘(a) IN GENERAL.—From amounts reserved cies or consortia of such agencies that did professional development, that will build under subsection (d) for each fiscal year, the not receive a grant under this part in the local capacity to operate the magnet school Secretary shall award grants to local edu- preceding fiscal year.’’. program once Federal assistance has termi- cational agencies or consortia of such agen- PART B—PUBLIC CHARTER SCHOOLS nated. cies described in section 5004 to enable such ‘‘SEC. 5007. USE OF FUNDS. agencies or consortia to conduct innovative SEC. 521. PUBLIC CHARTER SCHOOLS. ‘‘(a) IN GENERAL.—Grant funds made avail- programs that— (a) REAUTHORIZATION.—Part C of title X (20 able under this part may be used by an eligi- ‘‘(1) involve innovative strategies other U.S.C. 8061 et seq.) is amended— ble local educational agency or consortium than magnet schools, such as neighborhood (1) in section 10301 (20 U.S.C. 8061)— of such agencies— or community model schools, to support de- (A) by striking subsection (a); and ‘‘(1) for planning and promotional activi- segregation of schools and to reduce achieve- (B) by striking ‘‘(b) PURPOSE.—’’; and ties directly related to the development, ex- ment gaps; (2) in section 10311 (20 U.S.C. 8067), by strik- pansion, continuation, or enhancement of ‘‘(2) assist in achieving systemic reforms ing ‘‘$100,000,000 for fiscal year 1999’’ and in- academic programs and services offered at and providing all students the opportunity serting ‘‘$200,000,000 for fiscal year 2001’’. magnet schools; to meet challenging State and local content (b) TRANSFER, REDESIGNATION, CONFORMING ‘‘(2) for the acquisition of books, materials, standards and challenging State and local AMENDMENTS.—Part C of title X (20 U.S.C. and equipment, including computers and the student performance standards; and 8061 et seq.) is amended— maintenance and operation thereof, nec- ‘‘(3) include innovative educational meth- (1) by transferring such part so as to ap- essary for the conduct of programs in mag- ods and practices that— pear after part A of title V; net schools; ‘‘(A) are organized around a special empha- (2) by redesignating such part as part B; ‘‘(3) for the payment, or subsidization of sis, theme, or concept; and (3) by redesignating sections 10301 through the compensation, of elementary school and ‘‘(B) involve extensive parent and commu- 10311 as sections 5201 through 5211, respec- secondary school teachers who are certified nity involvement. tively; or licensed by the State, and instructional ‘‘(b) APPLICABILITY.—Sections 5301(b), 5302, (4) in section 5202 (as so redesignated)— staff where applicable, who are necessary for 5305, 5306, and 5307, shall not apply to grants (A) in subsections (a) and (b), by striking the conduct of programs in magnet schools; awarded under subsection (a). ‘‘10303’’ each place that such appears and in- ‘‘(4) with respect to a magnet school pro- ‘‘(c) APPLICATIONS.—Each local educational serting ‘‘5203’’; gram offered to less than the entire student agency or consortia of such agencies desiring (B) in subsection (c)(1)(C), by striking population of a school, for instructional ac- a grant under this section shall submit an ‘‘10304’’ and inserting ‘‘5204’’; and tivities that— application to the Secretary at such time, in (C) in subsection (e)(1), by striking ‘‘10311’’ ‘‘(A) are designed to make available the such manner, and containing such informa- each place that such appears and inserting special curriculum that is offered by the tion and assurances as the Secretary may ‘‘5211’’; magnet school project to students who are reasonably require. (5) in section 5203 (as so redesignated)— enrolled in the school but who are not en- ‘‘(d) INNOVATIVE PROGRAMS.—The Sec- (A) in subsections (b)(3)(M) and (c), by rolled in the magnet school program; and retary shall reserve not more than 5 percent striking ‘‘10302’’ each place that such appears ‘‘(B) further the purposes of this part; of the funds appropriated under section and inserting ‘‘5202’’; and ‘‘(5) to include professional development, 5012(a) for each fiscal year to award grants (B) in subsection (d)(2)(B), by striking which professional development shall build under this section. ‘‘10304’’ and inserting ‘‘5204’’; the agency’s or consortium’s capacity to op- ‘‘SEC. 5011. EVALUATIONS. (6) in section 5204 (as so redesignated)— erate the magnet school once Federal assist- ‘‘(a) RESERVATION.—The Secretary may re- (A) in the matter preceding paragraph (1) ance has terminated; serve not more than two percent of the funds of subsections (a) and (b), by striking ‘‘10303’’ ‘‘(6) to enable the local educational agency appropriated under section 5012(a) for any each place that such appears and inserting or consortium to have more flexibility in the fiscal year to carry out evaluations of ‘‘5203’’;

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(B) in subsections (a)(7) and (b)(7), by strik- ‘‘(b) LIMITATIONS.—Funds under this part— ‘‘(2) PERMISSIVE.—The Secretary may give ing ‘‘10302’’ each place that such appears and ‘‘(1) shall supplement, and not supplant, a priority to applications demonstrating inserting ‘‘5202’’; non-Federal funds expended for existing pro- that the State or local educational agency (C) in the matter preceding paragraph (1) grams; will carry out the agency’s program in part- of subsection (e), by striking ‘‘10310’’ and in- ‘‘(2) may be used for providing transpor- nership with one or more public or private serting ‘‘5210’’; and tation services or costs, except that not agencies, organizations, or institutions, in- (D) in subsection (b)(3)(E), by striking more than 10 percent of the funds received cluding institutions of higher education and ‘‘parents’’ and inserting ‘‘families, stu- under this part may be used by the local edu- public or private employers. dents,’’; cational agency to provide such services or (7) in section 5205(a)(4)(B) (as so redesig- costs; ‘‘SEC. 5305. AUTHORIZATION OF APPROPRIA- ‘‘(3) may be used for improving low per- TIONS; RESERVATION; EVALUA- nated), by striking ‘‘10303’’ and inserting TIONS. ‘‘5203’’; and forming schools that lose students as a re- (8) in section 5210(2) (as so redesignated), sult of school choice plans, except that not ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— by striking ‘‘parents’’ and inserting ‘‘fami- more than 10 percent of the funds under this For the purpose of carrying out this part, lies and students,’’. part may be used by the local educational there are authorized to be appropriated agency for the improvement of low per- $100,000,000 for each of fiscal years 2001 PART C—OPTIONS: OPPORTUNITIES TO forming schools; and through 2005. IMPROVE OUR NATION’S SCHOOLS ‘‘(4) shall not be used to fund programs ‘‘(b) RESERVATION FOR EVALUATION, TECH- SEC. 531. OPTIONS: OPPORTUNITIES TO IMPROVE that are authorized under part C, D, or E. OUR NATION’S SCHOOLS. NICAL ASSISTANCE, AND DISSEMINATION.— ‘‘SEC. 5304. GRANT APPLICATION; PRIORITIES. Part C of title V (20 U.S.C. 7621 et seq.) is From the amount appropriated under sub- ‘‘(a) APPLICATION REQUIRED.—A State or amended to read as follows: section (a) for any fiscal year, the Secretary local educational agency desiring to receive may reserve not more than 5 percent to ‘‘PART C—OPTIONS: OPPORTUNITIES TO a grant under this part shall submit an ap- carry out evaluations under subsection (c), IMPROVE OUR NATION’S SCHOOLS plication to the Secretary in such form and to provide technical assistance, and to dis- ‘‘SEC. 5301. PURPOSE. containing such information as the Sec- seminate information. ‘‘It is the purpose of this part to identify retary may require. and support innovative approaches to high- ‘‘(b) APPLICATION CONTENTS.—Each applica- ‘‘(c) EVALUATIONS.—The Secretary may use quality public school choice by providing fi- tion shall include— funds reserved under subsection (b) to carry nancial assistance for the demonstration, de- ‘‘(1) a description of the program for which out one or more evaluations of programs as- velopment, implementation, and evaluation funds are sought and the goals for such pro- sisted under this part, which, at a minimum, of, and the dissemination of information gram; shall address— about, public school choice programs that ‘‘(2) a description of how the program fund- ‘‘(1) how, and the extent to which, the pro- stimulate educational innovation for all pub- ed under this part will be coordinated with, grams supported with funds under this part lic schools and contribute to standards-based and will complement and enhance, programs promote educational equity and excellence; school reform efforts. under other related Federal and non-Federal and programs; ‘‘(2) the extent to which public schools of ‘‘SEC. 5302. GRANTS. ‘‘(3) if the program includes partners, the choice supported with funds under this part ‘‘(a) IN GENERAL.—From funds appro- name of each partner and a description of are— priated under section 5305(a) and not re- the partner’s responsibilities; and ‘‘(A) held accountable to the public; served under section 5305(b), the Secretary is ‘‘(4) a description of the policies and proce- ‘‘(B) effective in improving public edu- authorized to make grants to State and local dures the agency will use to ensure— cation; and educational agencies to support programs ‘‘(A) that priority is provided to parents of ‘‘(C) open and accessible to all students.’’. that promote innovative approaches to high- students attending schools identified for quality public school choice. school improvement under section 1116 in ex- PART D—WOMEN’S EDUCATIONAL EQUITY ‘‘(b) DURATION.—A grant under this part ercising choice among schools; SEC. 541. WOMEN’S EDUCATIONAL EQUITY. shall not be awarded for a period that ex- ‘‘(B) that priority is provided to parents of ceeds 3 years. students who want to stay enrolled at a (a) AMENDMENTS.—Part B of title V, as ‘‘SEC. 5303. USES OF FUNDS. school; such part existed on the day before the date ‘‘(a) USES OF FUNDS.— ‘‘(C) the agency’s accountability for re- of enactment of this Act, (20 U.S.C. 7231 et ‘‘(1) IN GENERAL.—Funds under this part sults, including the agency’s goals and per- seq.) is amended— may be used to demonstrate, develop, imple- formance indicators; (1) by amending section 5201 (20 U.S.C. 7231) ment, and evaluate, and to disseminate in- ‘‘(D) that the program is open and acces- to read as follows: formation about, innovative approaches to sible to, and will promote high academic ‘‘SEC. 5401. SHORT TITLE. broaden public elementary school and sec- standards for, all students regardless of the ondary school choice, including the design achievement level or disability of the stu- ‘‘This part may be cited as the ‘Women’s and development of new public school choice dents and the family income of the families Educational Equity Act of 2000’.’’; options, the development of new strategies of the students; (2) in section 5202(3) (20 U.S.C. 7232(3))— for overcoming barriers to effective public ‘‘(E) that all parents are provided with eas- (A) strike ‘‘sex,’’ and insert ‘‘sex and’’; and school choice, and the design and develop- ily comprehensible information about var- (B) by inserting ‘‘socioeconomic status,’’ ment of public school choice systems that ious school options, including information after ‘‘disability,’’; promote high standards for all students and on instructional approaches at different (3) in section 5203(b) (20 U.S.C. 7233(b))— the continuous improvement of all such pub- schools, resources, and transportation that (A) in paragraph (1)— lic schools. will be provided at or for the schools on an (i) in the matter preceding subparagraph ‘‘(2) EXAMPLES.—The approaches described annual basis; (A), by striking ‘‘years, to’’ and inserting in paragraph (1) at the school, school dis- ‘‘(F) that all parents are given timely no- ‘‘years’’; trict, and State levels may include— tice about opportunities to choose which (ii) in subparagraph (A), by striking ‘‘pro- ‘‘(A) inter school district approaches to school their child will attend the following vide grants’’; and public school choice, including approaches year and the period during which the choice (iii) in subparagraph (B), by striking ‘‘pro- that increase equal access to high-quality may be made; vide funds’’; and educational programs and diversity in ‘‘(G) that limitations on transfers between (B) in paragraph (2)(A)— schools; schools only occur because of facilities con- (i) in clause (v), by striking ‘‘and on race’’ ‘‘(B) public elementary and secondary pro- straints, statutory class size limits, and and inserting ‘‘and race’’; grams that involve partnerships with insti- local efforts to ensure that schools reflect (ii) in clause (xiii)(I), by striking ‘‘institu- tutions of higher education and that are lo- the diversity of the communities in which tion’’ and inserting ‘‘institutional’’; cated on the campuses of the institutions; the schools are located; (iii) in clause (xiii)(II)— ‘‘(C) programs that allow students in pub- ‘‘(H) that a lottery or other random system (I) by striking ‘‘of equity’’ and inserting lic secondary schools to enroll in postsec- be established for parents of students wish- ‘‘of gender equity’’; and ondary courses and to receive both sec- ing to attend a school that cannot receive all (II) by striking ‘‘education;’’ and inserting ondary and postsecondary academic credit; students wishing to attend; and ‘‘education,’’; and ‘‘(D) worksite satellite schools, in which ‘‘(I) that the program is carried out in a (iv) in clause (xiii)(III), by striking the pe- State or local educational agencies form manner consistent with Federal law, includ- riod and inserting ‘‘for women and girls; partnerships with public or private employing court orders, such as desegregation or- and’’; and ers, to create public schools at parents’ ders, issued to enforce Federal law. (C) in paragraph (2)(B)(viii), by striking places of employment; and ‘‘(c) PRIORITIES.— ‘‘and unemployed’’ and inserting ‘‘women, ‘‘(E) approaches to school desegregation ‘‘(1) IN GENERAL.—The Secretary shall give unemployed’’; that provide students and parents choice a priority to applications for programs that (4) in section 5204 (20 U.S.C. 7234)— through strategies other than magnet will serve high-poverty local educational (A) by striking the matter preceding para- schools. agencies. graph (1) and inserting the following:

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.014 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3395 ‘‘Each entity desiring assistance under this PART E—TECHNICAL AND CONFORMING and remaining after the Secretary makes part shall submit to the Secretary an appli- AMENDMENTS reservations under paragraph (1), the Sec- cation at such time, in such manner, and ac- SEC. 551. TECHNICAL AND CONFORMING AMEND- retary shall allot to each State having a companied by such information as the Sec- MENTS. State plan approved under section 6013(a)(4) retary may require. Each application shall— (a) GENERAL EDUCATION PROVISIONS ACT.— the sum of— ’’; Section 441(a) of the General Education Pro- ‘‘(i) an amount that bears the same rela- (B) in paragraph (2), by striking ‘‘the Na- visions Act (20 U.S.C. 1232d(a)) is amended by tionship to 50 percent of the remainder as tional Education Goals’’ and inserting striking ‘‘shall submit (subject’’ and all that the amount the State received under part A ‘‘America’s Education Goals’’; follows through ‘‘to the Secretary’’ and in- of title I bears to the amount all States re- (C) by striking paragraph (4); and serting ‘‘shall submit to the Secretary’’. ceived under such part; and (D) by redesignating paragraphs (5) (b) TITLE 31, UNITED STATES CODE.—Sec- ‘‘(ii) an amount that bears the same rela- through (7) as paragraphs (4) through (6), re- tion 6703(a) of title 31, United States Code is tionship to 50 percent of the remainder as spectively; amended by striking paragraph (1). the school-age population in the State bears (5) in section 5205 (20 U.S.C. 7235)— TITLE VI—HIGH PERFORMANCE AND to the school-age population in all States. (A) in subsection (a)— QUALITY EDUCATION INITIATIVES ‘‘(B) DATA.—For the purposes of deter- (i) by striking ‘‘CRITERIA AND PRIORITIES.— mining the school-age population in a State SEC. 601. HIGH PERFORMANCE AND QUALITY and in all States, the Secretary shall use the ’’ and all that follows through ‘‘The’’ in para- EDUCATION INITIATIVES. latest available Bureau of the Census data. graph (1) and inserting the following: ‘‘CRI- Title VI (20 U.S.C. 7301 et seq.) is amended ‘‘(c) STATE MINIMUM.—For any fiscal year, TERIA AND PRIORITIES.—The’’; and to read as follows: (ii) in paragraph (2)— no State shall be allotted under this section ‘‘TITLE VI—HIGH PERFORMANCE AND (I) by redesignating such paragraph as sub- an amount that is less than 0.4 percent of the QUALITY EDUCATION INITIATIVES section (b), and realigning the margin ac- total amount allotted to all States under subsection (b)(2). cordingly; and ‘‘SEC. 6001. FINDINGS, POLICY, AND PURPOSE. ‘‘(a) FINDINGS.—Congress makes the fol- ‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal (II) by redesignating subparagraphs (A) year 2001, notwithstanding subsection (e), through (D) as paragraphs (1) through (4), re- lowing findings: ‘‘(1) Congress embraces the view that edu- the amount allotted to each State under this spectively, and realigning the margins ac- section shall be not less than 100 percent of cordingly; cators most familiar with schools, including school superintendents, principals, teachers, the total amount the State was allotted (B) by redesignating subsections (b) under title VI (as such title was in effect on through (e) as subsections (c) through (f), re- and school support personnel, have a critical role in knowing what is needed and how best the day preceding the date of enactment of spectively; the Educational Excellence for All Children (C) in subsection (c) (as so redesignated)— to meet the educational needs of students. ‘‘(2) Local educational agencies should Act of 2000) for the preceding fiscal year. (i) in the matter preceding paragraph (1), ‘‘(e) RATABLE REDUCTIONS.—If the sums therefore have primary responsibility for de- by striking ‘‘special consideration’’ and in- made available under subsection (b)(2)(A) for serting ‘‘priority’’; and ciding how to implement funds. any fiscal year are insufficient to pay the ‘‘(b) POLICY.—Congress declares it to be the (ii) by amending paragraph (3)(E) to read full amounts that all State educational as follows: policy of the United States to assist State agencies are eligible to receive under that ‘‘(E) address the educational needs of educational agencies and local educational subsection for such year, the Secretary shall women and girls who suffer multiple forms of agencies in building the agencies’ capacity ratably reduce such amounts for such year. to establish, implement, and sustain innova- discrimination on the basis of sex and on ‘‘SEC. 6012. WITHIN STATE ALLOCATION. tive programs for public elementary and sec- race, ethnic origin, limited English pro- ‘‘(a) ALLOCATIONS.—Each State educational ficiency, disability, socioeconomic status, or ondary school students. agency for a State receiving a grant award age.’’; and ‘‘(c) PURPOSES.—The purposes of this title under section 6011(b)(2) shall— (D) in subsection (e)(1) (as so redesignated), are as follows: ‘‘(1) set aside not more than 1 percent of by striking ‘‘by the Office’’ and inserting ‘‘by ‘‘(1) To provide supplementary assistance the grant funds for the cost of administering such Office’’; for school improvement to elementary the activities under this title; (6) in section 5206 (20 U.S.C. 7236), by strik- schools, secondary schools, and local edu- ‘‘(2) set aside not more than 4 percent of ing ‘‘1999’’ and inserting ‘‘2004’’; cational agencies to improve core content the grant funds to— (7) in section 5207 (20 U.S.C. 7237), by strik- curriculum and instructional practices and ‘‘(A) provide for the establishment of high- ing subsection (a) and inserting the fol- materials in core subject areas to ensure quality, internationally competitive content lowing: that all students are at the proficient stand- and student performance standards and ard level within 10 years of the date of enact- strategies that all students will be expected ‘‘(a) EVALUATION AND DISSEMINATION.—The ment of the Educational Excellence for All to meet; Secretary shall— Children Act of 2000. ‘‘(B) provide for the establishment of high- ‘‘(1) evaluate in accordance with section ‘‘(2) To provide assistance to local edu- quality, rigorous assessments that include 10201, materials and programs developed cational agencies and schools for innovative multiple measures and demonstrate com- under this part; academic programs and activities by cre- prehensive knowledge; ‘‘(2) disseminate materials and programs ating a challenging learning environment ‘‘(C) encourage and enable all State edu- developed under this part; and and facilitating academic enrichment cational agencies and local educational ‘‘(3) report to the Congress regarding such through innovative academic programs. agencies to develop, implement, and evaluation materials and programs not later ‘‘PART A—INNOVATIVE PROGRAMS strengthen comprehensive education im- than January 1, 2004.’’; and ‘‘SEC. 6011. PROGRAMS AUTHORIZED. provement plans that address student (8) in section 5208 (20 U.S.C. 7238)— achievement, teacher quality, parent in- (A) by striking ‘‘1995’’ and inserting ‘‘2001’’; ‘‘(a) GRANTS AUTHORIZED.—From the volvement, and reliable measurement and and amount appropriated under section 6017 for a evaluation methods; (B) by striking ‘‘, of which’’ and all that fiscal year, the Secretary shall award a ‘‘(D) encourage and enable all States to de- follows through ‘‘section 5203(b)(1)’’. grant to each State educational agency having a State plan approved under section velop and implement value-added assess- (b) TRANSFER AND REDESIGNATION.—Part B 6013(a)(4) to enable the State educational ments; and of title V (20 U.S.C. 7201 et seq.), as amended agency to award grants to local educational ‘‘(E) establish other statewide innovative by subsection (a), is transferred so as to ap- agencies in the State. activities aimed at raising student achieve- pear after part C of title V (as added by sec- ‘‘(b) RESERVATIONS AND ALLOTMENTS.— ment levels of student performance so that tion 531) and redesignated as part D. ‘‘(1) RESERVATIONS.—From the amount ap- all students may meet the proficient level on propriated under section 6018 for a fiscal State standards within 10 years of the date of (c) REDESIGNATION OF SECTIONS.—Sections year, the Secretary shall reserve— enactment of the Educational Excellence for 5201 through 5208, as amended by subsection ‘‘(A) not more than 1⁄2 of 1 percent of such All Children Act of 2000; and (a), (20 U.S.C. 7231-7238) are redesignated as amount for payments to the Bureau of In- ‘‘(3) using the remaining 95 percent of the sections 5401 through 5408, respectively. dian Affairs for activities, approved by the grant funds, make grants by allocating to (d) CONFORMING AMENDMENTS.—Part D of Secretary, consistent with this title; and each local educational agency in the State title V (as so redesignated) is amended— ‘‘(B) not more than 1⁄2 of 1 percent of such having a local educational agency plan ap- (1) in section 5404 (as so redesignated), by amounts for payments to outlying areas, to proved under section 6013(b)(3) the sum of— striking ‘‘5203(b)(1)’’ each place that such ap- be allotted in accordance with their respec- ‘‘(A) an amount that bears the same rela- pears and inserting ‘‘5403(b)(1)’’; tive needs for assistance under this title as tionship to 50 percent of such remainder as (2) in section 5405(a) (as so redesignated), determined by the Secretary, for activities, the amount the local educational agency re- by striking ‘‘5203(b)’’ and inserting ‘‘5403(b)’’; approved by the Secretary, consistent with ceived under part A of title I bears to the and this title. amount all local educational agencies in the (3) in section 5408 (as so redesignated), by ‘‘(2) STATE ALLOTMENTS.— State received under such part; and striking ‘‘5203(b)(1)’’ and inserting ‘‘(A) IN GENERAL.—From the amount appro- ‘‘(B) an amount that bears the same rela- ‘‘5403(b)(1)’’. priated under section 6018 for a fiscal year tionship to 50 percent of such remainder as

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the school-age population in the area served ‘‘(4) DURATION OF THE PLAN.—Each State ‘‘(B) are aligned with challenging State by the local educational agency bears to the plan shall remain in effect for the duration content and performance standards and fo- school-age population in the area served by of the State’s participation under this title. cused on reinforcing and boosting the core all local educational agencies in the State. ‘‘(5) REQUIREMENT.—A State shall not be el- academic skills and knowledge of students ‘‘(b) MATCHING REQUIREMENT.— igible to receive funds under this title unless who are struggling academically, as deter- ‘‘(1) IN GENERAL.—Each eligible local edu- the State has established the standards and mined by State assessments under section cational agency receiving a grant under sub- assessments required under section 1111. 1111(b)(4) and local evaluations; section (a) shall contribute resources with ‘‘(b) LOCAL PLANS.— ‘‘(C) focus on accelerated learning rather respect to the local authorized activities to ‘‘(1) IN GENERAL.—Each local educational than remediation, so that students will mas- be assisted under this title in case or in-kind agency shall annually submit a local edu- ter the high level of skills and knowledge from non-Federal sources in an amount cational agency plan to the State edu- needed to meet the highest State standards equal to 25 percent of the Federal funds cational agency at such time, in such man- or to perform at high levels on all State as- awarded under the grant. ner, and accompanied by such information as sessments; ‘‘(2) WAIVER.—A local educational agency the State educational agency may require. ‘‘(D) offer teachers, principals, and admin- may apply to the State educational agency ‘‘(2) CONTENTS.—Each local educational istrators professional development and tech- may grant a waiver of the requirements of agency shall— nical assistance that are aligned with the paragraph (1) to a local educational agency ‘‘(A) describe the programs for which funds content of such programs; and that— allocated under section 6012(a)(3) will be used ‘‘(E) address local needs, as determined by ‘‘(A) applies for such a waiver; and and the reasons for the selection of such pro- the local educational agency’s evaluation of ‘‘(B) demonstrates extreme circumstances grams; school and districtwide data. for being unable to meet such requirements. ‘‘(B) describe the methods the local edu- ‘‘(2) For programs that provide for extra ‘‘SEC. 6013. PLANS. cational agency will use to measure the an- learning, time, and opportunities for stu- ‘‘(a) STATE PLANS.— nual impact of programs described under dents so that all students may achieve high ‘‘(1) IN GENERAL.—The State educational subparagraph (A) and the extent to which levels of learning and meet the State pro- agency for each State desiring a grant under such programs will increase student aca- ficient standard level within 10 years of the this title shall submit a State plan to the demic performance; date of enactment of the Educational Excel- Secretary at such time, in such manner, and ‘‘(C) describe the annual, quantifiable, and lence for All Children Act of 2000. accompanied by such information as the Sec- measurable performance goals and objectives ‘‘(3) For programs to improve higher order retary may require. for each program described under subpara- thinking skills of all students, especially dis- ‘‘(2) CONTENTS.—Each plan submitted graph (A) and the extent to which such goals advantaged students. under paragraph (1) shall— and objectives are aligned with State con- ‘‘(4) For promising innovative education ‘‘(A) describe how the State educational tent and student performance standards; reform projects that are consistent with agency will assist each local educational ‘‘(D) describe how the local educational challenging State content and student per- agency and school served under this title to agency will hold schools accountable for formance standards. comply with the requirements described in meeting the intended performance objectives ‘‘(5) For programs that focus on ensuring section 6015 that are applicable to the local for each program described under subpara- that disadvantaged students enter elemen- educational agency or school; graph (C); tary school with the basic skills needed to ‘‘(B) certify that the State has in place the ‘‘(E) provide assurances that the local edu- meet the highest State content and student standards and assessments required under cational agency consulted, at a minimum, performance standards. section 1111; with parents, school board members, teach- ‘‘(6) To establish technology programs that ‘‘(C) certify that the State educational ers, administrators, business partners, edu- will, to the greatest extent possible— agency has a system, as required under sec- cation organizations, and community groups ‘‘(A) increase student performance related tion 1111, for— to develop the local educational plan and se- to an authentic task; ‘‘(i) holding each local educational agency lect the programs to be assisted under this ‘‘(B) integrate the use of technology into and school accountable for adequate yearly title; and activities that are a core part of classroom progress (as defined in section 1111(b)(2)(B)); ‘‘(F) provide assurances that the local edu- curricula and are available to all students; ‘‘(ii) identifying local educational agencies cational agency will continue such consulta- ‘‘(C) emphasize how to use technology to and schools that are in need of improvement tion on a regular basis and will provide the accomplish authentic tasks; and corrective action (as required in sections State with annual evidence of such consulta- ‘‘(D) provide professional development and 1116 and 1117); tion. technical assistance to teachers so that ‘‘(iii) assisting local educational agencies ‘‘(3) APPROVAL.—The State, using a peer re- teachers may integrate technology into and schools that are identified for improve- view process, shall approve a local edu- daily teaching activities that are directly ment with the development of improvement cational agency plan if the plan meets the aligned with State content and student per- plans; and requirements of this subsection. formance standards; and ‘‘(iv) providing technical assistance, pro- ‘‘(4) DURATION OF THE PLAN.—Each local ‘‘(E) enable the local educational agency fessional development, and other capacity educational agency plan shall remain in ef- annually to increase the percentage of class- building as needed to get such agencies and fect for the duration of the local educational rooms with access to technology, particu- schools out of improvement status; agency’s participation under this title. larly in schools in which not less than 50 per- ‘‘(D) certify that the State educational ‘‘(5) PUBLIC REVIEW.—Each State edu- cent of the school-age population comes agency shall use the disaggregated results of cational agency will make publicly available from families with incomes below the pov- student assessments required under section each local educational agency plan approved erty line (as defined by the Office of Manage- 1111(b)(4), and other measures or indicators under paragraph (3). ment and Budget, and revised annually in ac- available, to review annually the progress of ‘‘SEC. 6014. LOCAL USES OF FUNDS AND AC- cordance with section 673(2) of the Commu- each local educational agency and school COUNTABILITY. nity Services Block Grant Act (42 U.S.C. served under this title to determine whether ‘‘(a) ADMINISTRATIVE EXPENSES.—Each 9902(2))) applicable to a family of the size in- or not each such agency and school is mak- local educational agency receiving a grant volved. ing adequate yearly progress as required award under section 6004(3) may use not ‘‘SEC. 6015. LOCAL ASSISTANCE. under section 1111; more than 1 percent of the grant funds for ‘‘(a) IN GENERAL.—A local educational ‘‘(E) certify that the State educational any fiscal year for the cost of administering agency shall provide, upon request by an ele- agency will take action against a local edu- this title. mentary school or secondary school served cational agency that is in corrective action ‘‘(b) ACTIVITIES.—Each local educational by the agency, technical assistance to such and receiving funds under this title as de- agency receiving a grant award under sec- school, including assistance in analyzing stu- scribed in section 6006(d)(1); tion 6012(a)(3) may use the grant funds pursu- dent performance and the impact of pro- ‘‘(F) describe what, if any, State and other ant to this subsection to establish and carry grams assisted under this title, and identi- resources will be provided to local edu- out programs that are designed to achieve, fying the best instructional strategies and cational agencies and schools served under separately or cumulatively, each of the goals methods for carrying out such programs. this title to carry out activities consisted described in the category areas described in ‘‘(b) PROVISION.—Local assistance may be with this title; and paragraphs (1) through (6). provided by— ‘‘(G) certify that the State educational ‘‘(1) For programs that seek to raise the ‘‘(1) the State educational agency or local agency has a system to hold local edu- academic achievement levels of all elemen- educational agency; or cational agencies accountable for meeting tary school and secondary school students ‘‘(2) with the school’s approval, by an insti- the annual performance objectives required based on challenging State content and stu- tution of higher education, a private not-for- under subsection (b)(2)(C). dent performance standards and, to the profit or for-profit organization, an edu- ‘‘(3) APPROVAL.—The Secretary, using a greatest extent possible,— cational service agency, the recipient of a peer review process, shall approve a State ‘‘(A) incorporate the best practices devel- Federal contract or cooperative agreement, plan if the State plan meets the require- oped from research-based methods and prac- a nontraditional entity such as a corporation ments of this subsection. tices; or consulting firm, or any other entity with

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.015 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3397 experience in the program area for which the in 3 or more subjects than teachers in urban of government and all sectors of the commu- assistance is being sought. schools. Rural schools also face other tough nity. ‘‘SEC. 6016. LOCAL REPORTS. challenges, such as shrinking local tax bases, ‘‘(23) Federal and State funding of urban ‘‘Each local educational agency receiving high transportation costs, aging buildings, public schools has not adequately reflected funds under this title shall annually publish limited course offerings, and limited re- need. and disseminate to the public in a format sources. ‘‘(24) Federal funding that is well-targeted, and, to the extent practicable, in a language ‘‘(4) Small school districts with fewer than flexible, and accountable would contribute that parents can understand, a report on— 600 students often cannot use Federal grant significantly to addressing the comprehen- ‘‘(1) information describing the use of funds distributed by formula because the for- sive needs of inner-city public schools and funds; mula allocation does not provide enough rev- school children. ‘‘(2) the impact of such programs and an enue to carry out the program the grant is ‘‘SEC. 6204. AUTHORIZATION OF APPROPRIA- assessment of such programs’ effectiveness; intended to fund. TIONS. and ‘‘(5) The ability of the Nation’s major ‘‘There are authorized to be appropriated ‘‘(3) the local educational agency’s urban public school systems to meet the Na- to carry out— progress toward attaining the goals and ob- tion’s educational goals will substantially ‘‘(1) subpart 1, $300,000,000 for each of the jectives described in section 6013(b), and the determine the country’s economic competi- fiscal years 2001 through 2004; and extent to which programs assisted under this tiveness and academic standing in the world ‘‘(2) subpart 2, such sums as may be nec- title have increased student achievement. community. essary for fiscal year 2001 and for each of the ‘‘(6) The quality of public education in the 4 succeeding fiscal years. ‘‘SEC. 6017. SANCTIONS. Nation’s major urban areas has a direct ef- ‘‘(a) THIRD FISCAL YEAR.—If performance ‘‘Subpart 1—Rural Education Development fect on the economic development of the Na- Initiative for the 21st Century objectives established under section 6013 tion’s cities. have not been met by a State receiving grant ‘‘(7) The success of urban public schools in ‘‘SEC. 6211. SHORT TITLE OF SUBPART. ‘‘This subpart may be cited as the ‘Rural funds under this title by the end of the third accelerating the achievement of the youth Education Development Initiative for the fiscal year for which the State receives such attending such schools will determine the 21st Century Act’. grant funds, the Secretary shall reduce by 50 ability of the Nation to close the gap be- percent the amount the State is entitled to tween the ‘haves and the have-nots’ in soci- ‘‘SEC. 6212. PURPOSE. receive for administrative expenses under ety. ‘‘The purpose of this subpart is to provide this title. ‘‘(8) The cost to America’s businesses to rural school students in the United States ‘‘(b) FOURTH FISCAL YEAR.—If the State provide remedial education to high school with increased learning opportunities. fails to meet such performance objectives by graduates is approximately $21,000,000,000 per ‘‘SEC. 6213. FINDINGS. the end of the fourth fiscal year for which year. ‘‘Congress makes the following findings: ‘‘(1) While there are rural education initia- the State receives grant funds under this ‘‘(9) Approximately 1⁄3 of the Nation’s title, the Secretary shall reduce the total workforce are members of minority groups. tives at the State and local levels, no Fed- amount the State receives under this title by ‘‘(10) Urban schools enroll a disproportion- eral education policy focuses on the specific 20 percent. ately large share of the Nation’s poor and needs of rural school districts and schools, ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- ‘at-risk’ youth. especially those that serve poor students. retary shall provide technical assistance, if ‘‘(11) Urban schools enroll over 1⁄3 of the ‘‘(2) The National Center for Educational sought, to a State subjected to sanctions Nation’s poor, 40 percent of the Nation’s Af- Statistics (NCES) reports that 46 percent of under subsection (a) or (b). rican-American children, and 30 percent of our Nation’s public schools serve rural areas. ‘‘(d) LOCAL SANCTIONS.— the Nation’s Hispanic youth. ‘‘(3) A critical problem for rural school dis- ‘‘(1) IN GENERAL.—Each State receiving as- ‘‘(12) Nearly 40 percent of the Nation’s lim- tricts involves the hiring and retention of sistance under this title shall develop a sys- ited-English-proficient children and 15 per- qualified administrators and certified teach- tem to hold local educational agencies ac- cent of the Nation’s disabled youth are en- ers (especially in science and mathematics). countable for meeting the adequate yearly rolled in urban public schools. Consequently, teachers in rural schools are progress requirements established under part ‘‘(13) The National Assessment of Edu- almost twice as likely to provide instruction A of title I and the performance objectives cational Progress (in this section referred to in 3 or more subjects than teachers in urban established under this title. as ‘NAEP’) shows substantial achievement schools. Rural schools also face other tough ‘‘(2) SANCTIONS.—A system developed under gaps between urban and non-urban students, challenges, such as shrinking local tax bases, paragraph (1) shall include a mechanism for whether enrolled in high poverty or low pov- high transportation costs, aging buildings, sanctioning local educational agencies for erty schools. limited course offerings, and limited re- low performance with regard to failure to ‘‘(14) Urban school children have begun to sources. meet such performance objectives and ade- narrow the achievement gap in reading ac- ‘‘SEC. 6214. DEFINITIONS; CERTIFICATION. quate yearly progress levels. cording to the recent NAEP Reading Report ‘‘(a) DEFINITIONS.—In this subpart: ‘‘SEC. 6018. AUTHORIZATION OF APPROPRIA- Card. ‘‘(1) ELIGIBLE LOCAL EDUCATIONAL AGEN- TIONS. ‘‘(15) The NAEP shows substantial achieve- CY.—The term ‘eligible local educational ‘‘There are authorized to be appropriated ment gaps between white students, and Afri- agency’ means a local educational agency to carry out this title $2,000,000,000 for fiscal can-American and Hispanic students. that serves— year 2001, and such sums as may be necessary ‘‘(16) African-American and Hispanic ‘‘(A)(i) a school age population with an av- for each of the 4 succeeding fiscal years. school children have begun to narrow the erage family income that is below the State ‘‘PART B—RURAL AND URBAN EDUCATION achievement gap in reading according to the median income level as determined by the INITIATIVE recent NAEP Reading Report Card. Secretary using the most recent data avail- ‘‘(17) The dropout rate for urban students able from the Bureau of the Census; and ‘‘SEC. 6201. SHORT TITLE. is more than 50 percent higher than the na- ‘‘(ii) a school district that is identified as ‘‘This part may be cited as the ‘Rural and tional dropout rate. rural by the National Center for Education Urban Education Development Initiative for ‘‘(18) Urban preschoolers have 1⁄2 the access Statistics; or the 21st Century Act’. to early childhood development programs as ‘‘(B)(i) a school age population 15 percent ‘‘SEC. 6202. PURPOSE. do other children. or more of whom are from families with in- ‘‘The purpose of this part is to provide ‘‘(19) Teacher shortages and teacher turn- comes below the poverty line; and rural school students in the United States over in urban public school systems are sub- ‘‘(ii) a school district that is identified as with increased learning opportunities. stantially greater than in non-urban school rural by the National Center for Education ‘‘SEC. 6203. FINDINGS. systems, particularly in math and science. Statistics. ‘‘Congress makes the following findings: ‘‘(20) Urban public school systems have less ‘‘(2) POVERTY LINE.—The term ‘poverty ‘‘(1) While there are rural education initia- parental involvement, and greater problems line’ means the poverty line (as defined by tives identified at the State and local level, with health care, teenage pregnancy, tru- the Office of Management and Budget, and no Federal education policy focuses on the ancy and discipline, drug abuse, and gangs revised annually in accordance with section specific needs of rural school districts and than do other kinds of school systems. 673(2) of the Community Services Block schools, especially those that serve poor stu- ‘‘(21) Urban school buildings are in more Grant Act (42 U.S.C. 9902(2))) applicable to a dents. serious disrepair according to the General family of the size involved. ‘‘(2) The National Center for Educational Accounting Office than facilities in other ‘‘(3) SCHOOL AGE POPULATION.—The term Statistics (NCES) reports that 46 percent of kinds of school systems, with 75 percent of ‘school age population’ means the number of our Nation’s public schools serve rural areas. urban public school buildings being over 25 students aged 5 through 17 residing in the ‘‘(3) A critical problem for rural school dis- years old, 33 percent of such buildings being school district served by the local edu- tricts involves the hiring and retention of over 50 years old, thus creating poor and de- cational agency as determined by the Sec- qualified administrators and certified teach- moralizing working and learning conditions. retary using the most recent data available ers (especially in science and mathematics). ‘‘(22) Solving the challenges facing our Na- from the Bureau of the Census. Consequently, teachers in rural schools are tion’s urban schools will require the con- ‘‘(b) CERTIFICATION.—The Secretary may almost twice as likely to provide instruction certed and collaborative efforts of all levels waive the requirements of subparagraph

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.015 pfrm09 PsN: S03PT1 S3398 CONGRESSIONAL RECORD — SENATE May 3, 2000 (A)(ii) or (B)(ii) of paragraph (1) for an eligi- ‘‘SEC. 6216. APPLICATIONS. eligible local educational agencies serving an ble local educational agency if the agency ‘‘Each eligible local educational agency urban area, or State educational agencies in provides certification to the Secretary that that desires a grant under this subpart to the case where the State educational agency the agency serves a school district located in carry out an activity described in section is the local educational agency, for activities an area defined as rural by a governmental 6215(c) shall include, as part of the applica- designed to assist schools with high con- agency of the State. tion submitted under the provision of law de- centrations of students from low income families and racial and language minority ‘‘SEC. 6215. PROGRAM AUTHORIZED. scribed in section 6215(c) applicable to the activity, a request for funds under this sub- groups improve schoolwide academic ‘‘(a) RESERVATION.—From amounts appro- part. achievement, with particular attention to priated under section 6219 for a fiscal year ‘‘SEC. 6217. ADMINISTRATIVE PROVISIONS. narrowing or overcoming disparities in the Secretary shall reserve— achievement scores and school completion ‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds ‘‘(1) 0.5 percent of such amount for each fis- between minority and non-minority group under this subpart shall be used to supple- cal year to make awards to elementary or students and between urban and non-urban ment and not supplant any other Federal, secondary schools operated or supported by public school students. State, or local education funds that would the Bureau of Indian Affairs to carry out the ‘‘(b) DEFINITION OF ELIGIBLE LOCAL EDU- otherwise be available for the purposes of purposes of this subpart; and CATIONAL AGENCY.—In this subpart, the term this subpart. ‘‘(2) $2,000,000 for each fiscal year to enable ‘eligible local educational agency’ means a ‘‘(b) CONSTRUCTION.—Nothing in this sub- the Secretary to provide technical assistance local educational agency that— part shall be construed to prohibit an eligi- to eligible local educational agencies to as- ‘‘(1) serves the largest central city in a ble local educational agency that enters into sist such agencies in obtaining other Federal State; or cooperative arrangements with other local assistance. ‘‘(2) enrolls— educational agencies for the provision of spe- ‘‘(A) more than 30,000 students and serves a ‘‘(b) GRANTS TO ELIGIBLE LOCAL EDU- cial, compensatory, or other education serv- central city with a population of at least CATIONAL AGENCIES.— ices pursuant to State law or a written 200,000 in a metropolitan statistical area; or ‘‘(1) IN GENERAL.—From amounts appro- agreement from entering into similar ar- ‘‘(B) between 25,000 and 30,000 students and priated under section 6219 that are not re- rangements for the use or the coordination served under subsection (a) for a fiscal year, serves a central city with a population of at of the use of the funds made available under least 140,000 in a metropolitan statistical the Secretary shall award grants to eligible this subpart. local educational agencies that have applica- area. ‘‘SEC. 6218. REPORTS; ACCOUNTABILITY; STUD- ‘‘(c) AUTHORIZED ACTIVITIES.— tions approved under section 6216 for local IES. ‘‘(1) IN GENERAL.—Grant funds awarded to authorized activities described in subsection ‘‘(a) LOCAL EDUCATIONAL AGENCY RE- an eligible local educational agency under (c). PORTS.—Each eligible local educational agen- this subpart shall be used— ‘‘(2) INITIAL AMOUNT.—Each eligible local cy that receives a grant under this subpart ‘‘(A) for— educational agency shall receive a grant for an activity described in section 6215(c) ‘‘(i) activities to assist schools in need of under this subpart in an amount equal to the shall provide an annual report to the Sec- improvement authorized under section 1116; sum of— retary. The report shall describe how the ‘‘(ii) professional development activities ‘‘(A) a base amount of $20,000; plus local educational agency used funds provided authorized under title II; ‘‘(B) $100 multiplied by the number of stu- under this subpart to make progress in meet- ‘‘(iii) programs authorized under subtitle B dents, over 50 students, in average daily ating the goals and objectives of the provision of title VII of the Stewart B. McKinney tendance in the schools served by the eligible of law described in section 6215(c) applicable Homeless Assistance Act; local educational agency. to the activity. ‘‘(iv) the Emergency Immigrant Education ‘‘(3) MAXIMUM.—No eligible local edu- ‘‘(b) STUDIES.— Program authorized under part C of title VII; cational agency shall receive a grant under ‘‘(1) COMPTROLLER GENERAL.—The Comp- or this subpart that is greater than $60,000. troller General of the United States shall ‘‘(v) class size reduction; and ‘‘(4) RATABLE ADJUSTMENT.— conduct a study regarding the impact of as- ‘‘(B) in ways consistent with the purposes ‘‘(A) IN GENERAL.—If the amount made sistance provided under this subpart on stu- of this subpart. available for this subpart for any fiscal year dent achievement. The Controller General ‘‘(2) ADDITIONAL REQUIREMENT.—Authorized is not sufficient to pay in full the amounts shall report the results of the study to Con- activities conducted with grant funds pro- that eligible local educational agencies are gress. vided under this subpart shall be carried out eligible to receive under paragraph (2) for ‘‘(2) SECRETARY.—The Secretary shall con- in a school or schools of a feeder system with such year, the Secretary— duct a study and report to Congress regard- high concentrations of students from racial ‘‘(i) first, shall ratably reduce the amount ing the unique needs of rural school dis- and language minority groups within the eli- made available under paragraph (2)(B) for all tricts, including needs related to— gible local educational agency. local educational agencies for such year; and ‘‘(A) the small size of the school districts, ‘‘(3) ADMINISTRATIVE COSTS.—Not more ‘‘(ii) second, shall ratably reduce the base the small number of students or student than 5 percent of any grant awarded under amount under paragraph (2)(A) for all eligi- sparsity, and remoteness; this subpart may be used for administrative ble local educational agencies for such year. ‘‘(B) teacher qualifications and class size; costs. ‘‘(B) ADDITIONAL AMOUNTS.—If additional ‘‘(C) teacher recruitment and multiple ‘‘(d) ALLOCATIONS.—In making awards from funds become available for making payments roles of teachers; amounts appropriated under this subpart, under paragraph (2) for such fiscal year, pay- ‘‘(D) transportation costs; the Secretary shall allocate amounts di- ments that were reduced under subparagraph ‘‘(E) school safety and drug abuse; rectly to each urban eligible local edu- (A) shall be increased on the same basis as ‘‘(F) course offerings; and cational agency on the basis of the relative such payments were reduced. ‘‘(G) the impact of children with special number of children counted under section ‘‘(5) DATA.—In determining the school age needs. 1124(c) in such agencies, as determined by population under paragraph (2) the Secretary ‘‘SEC. 6219. AUTHORIZATION OF APPROPRIA- the Secretary using the most recent satisfac- shall use the most recent data available from TIONS. tory data. the Bureau of the Census. ‘‘There are authorized to be appropriated ‘‘(e) RELATION TO OTHER FEDERAL FUND- ‘‘(c) LOCAL AUTHORIZED ACTIVITIES.—Grant to carry out this subpart $300,000,000 for each ING.—Funds received under this subpart by funds awarded to an eligible local edu- of the fiscal years 2001 through 2004. an eligible local educational agency shall cational agency under this subpart shall be not be taken into consideration in deter- ‘‘Subpart 2—Urban Education Initiative used for— mining the eligibility for, or amount of, any ‘‘(1) professional development activities ‘‘SEC. 6221. SHORT TITLE OF SUBPART. other Federal funding awarded to the local authorized under title II; ‘‘This subpart may be cited as the ‘Elimi- educational agency. ‘‘(2) class size reduction activities and nating Educational Disparities and Pro- ‘‘(f) APPLICATIONS.—Each eligible local other activities authorized under section 307 moting Learning for Urban Students Act of educational agency that desires a grant of the Department of Education Appropria- 2000’. under this subpart shall submit an applications Act, 1999; ‘‘SEC. 6222. PURPOSE. tion to the Secretary that identifies the au- ‘‘(3) technology activities authorized under ‘‘The purpose of this subpart to provide thorized activities described in subsection (c)(1) for which funds provided under the title III; or supplemental financial assistance to eligible grant will be used. ‘‘(4) local drug and violence prevention pro- urban school districts to enhance their ef- ‘‘(g) SUPPLEMENT NOT SUPPLANT.—Funds grams authorized under section 4116. forts under programs established under this under this subpart shall be used to supple- ‘‘(d) RELATION TO OTHER FEDERAL FUND- Act to narrow or overcome educational dis- ment and not supplant any other Federal, ING.—Funds received under this subpart by parities between minority and non-minority State, or local education funds that would an eligible local educational agency shall group students, and between urban and non- otherwise be available for the purposes of not be taken into consideration in deter- urban public school students. this subpart. mining the eligibility for, or amount of, any ‘‘SEC. 6223. URBAN SCHOOL GRANTS. ‘‘(h) REPORTS; ACCOUNTABILITY; STUDIES.— other Federal funding awarded to the eligi- ‘‘(a) AUTHORIZATION.—The Secretary is au- ‘‘(1) LOCAL EDUCATIONAL AGENCY REPORTS.— ble local educational agency. thorized to make supplementary grants to Each eligible local educational agency that

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.015 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3399 receives a grant under this subpart shall pro- the number of limited English proficient stu- on the basis of a surname or language-minor- vide an annual report to the Secretary. The dents demonstrating continuous and sub- ity status.’’. report shall describe how the local edu- stantial progress on annual assessments in SEC. 704. PROGRAM ENHANCEMENT PROJECTS. cational agency used funds provided under reading, writing, speaking, and listening (a) PURPOSE.—Section 7113 (20 U.S.C. 7423) this subpart to make progress in meeting the comprehension, from the preceding fiscal is amended by striking subsection (a) and in- goals and objectives applicable to the au- year. serting the following: ‘‘(b) ACCOUNTABILITY.—Each entity receiv- thorized activities conducted with such ‘‘(a) PURPOSE.—The purpose of this section ing a grant under this subpart shall be held funds. is to— accountable for meeting the annual numer- ‘‘(2) STUDY BY NATIONAL ACADEMY OF ‘‘(1) provide grants to eligible entities to ical performance objectives under this sub- SCIENCES.—The Chairman of the National provide innovative, locally designed, high Academy of Sciences shall conduct a study part and the adequate yearly progress levels for limited English proficient students under quality instruction to children and youth of regarding the impact of assistance provided limited English proficiency; under this subpart on student achievement section 1111(b)(2)(B)(iv) and (vii). ‘‘(c) PROGRAM IMPROVEMENT PLAN.— ‘‘(2) help children and youth develop pro- and report the results of the study to Con- ‘‘(1) IN GENERAL.—If, at the conclusion of ficiency in the English language by expand- gress. the third year in which an entity receives a ing or strengthening instructional programs; ‘‘(i) ADDITIONAL DEFINITIONS.—In this subgrant under this subpart, the Secretary de- and part: termines that the entity is failing to meet ‘‘(3) help children and youth attain the ‘‘(1) CENTRAL CITY.—The term ‘central city’ its program objectives, as determined pursu- standards established under section 1111(b).’’. has the meaning given that term by the Bu- ant to the entity’s program application, the (b) PROGRAM AUTHORIZED.—Section 7113(b) reau of the Census. entity shall promptly develop and submit to (20 U.S.C. 7423(b)) is amended— ‘‘(2) METROPOLITAN STATISTICAL AREA.—The the Secretary a program improvement plan (1) in paragraph (1)(B), by striking ‘‘two’’ term ‘metropolitan statistical area’ has the in order to receive a continuation grant and inserting ‘‘3’’; and meaning given that term by the Bureau of award under this subpart for the subsequent (2) by striking paragraph (2) and inserting the Census. fiscal year. Such plan shall include the an- the following: ‘‘(3) POVERTY LEVEL.—The term ‘poverty nual performance objectives required under ‘‘(2) AUTHORIZED ACTIVITIES.—(A) Grants level’ means the criteria of poverty used by subsection (a). awarded under this section shall be used the Bureau of the Census in compiling the ‘‘(2) APPROVAL.—The Secretary shall ap- for— most recent decennial census.’’. prove a program improvement plan under ‘‘(i) developing, implementing, expanding, SEC. 602. TECHNICAL AND CONFORMING AMEND- paragraph (1) only if the Secretary deter- or enhancing comprehensive preschool, ele- MENT. mines that the plan holds reasonable prom- mentary, or secondary education programs Section 4(b)(5) of the Education Flexibility ise of enabling students with limited English for limited English proficient children and Partnership Act of 1999 (20 U.S.C. 5891b(b)(5)) proficiency participating in the program to youth, that are— is amended by striking ‘‘Title VI’’ and in- learn English and achieve the challenging ‘‘(I) aligned with State and local content serting ‘‘Part A of title VI’’. State content and performance standards. and student performance standards, and TITLE VII—BILINGUAL EDUCATION ‘‘(3) DENIAL OF CONTINUATION AWARD.—If, local school reform efforts; and SEC. 701. PURPOSE. at the conclusion of the fourth fiscal year in ‘‘(II) coordinated with related services for Section 7102 (20 U.S.C. 7402) is amended— which an entity receives a grant under this children and youth; (1) by striking the section heading and in- subpart, the Secretary determines that the ‘‘(ii) providing high quality professional serting the following: entity is still not meeting annual perform- development to classroom teachers, adminis- ‘‘SEC. 7102. PURPOSE.’’; ance objectives for English proficiency and trators, and other school or community- based organization personnel to improve the (2) by striking subsections (a) and (b); and adequate yearly progress levels for limited instruction and assessment of limited (3) in subsection (c)— English proficient students under section English proficient students; and (A) by striking ‘‘(c) PURPOSE.—The’’ and 1111(b), the Secretary shall deny the entity a ‘‘(iii) annually assessing the English pro- inserting ‘‘The’’; continutation grant award under this sub- ficiency of all limited English proficient stu- (B) in the matter preceding paragraph (1), part for the succeeding fiscal year. ‘‘(d) PARENTAL NOTIFICATION.— dents served by activities carried out under by striking ‘‘to educate limited English pro- ‘‘(1) IN GENERAL.—Each local educational this section. ficient children and youth to’’ and inserting agency shall notify parents, in a manner and ‘‘(B) Grants awarded under this section ‘‘to help ensure that limited English pro- form understandable to the parent including, may be used for— ficient students master English and’’; if necessary and to the extent feasible, in the ‘‘(i) implementing programs to upgrade the (C) by striking paragraph (1) and inserting native language of the parent, of a student reading and other academic skills of limited the following: participating in a language instruction edu- English proficient students; ‘‘(1) promoting systemic improvement and cational program under this subpart of— ‘‘(ii) developing accountability systems to reform of, and developing accountability sys- ‘‘(A) the student’s level of English pro- monitor the academic progress of limited tems for, educational programs serving lim- ficiency, how such level was assessed, the English proficient and formerly limited ited English proficient students;’’; and status of the student’s academic achieve- English proficient students; (D) in paragraph (2), by inserting ‘‘fully’’ ment, and the implications of the student’s ‘‘(iii) implementing family education pro- before ‘‘developing’’. educational strengths and needs for age- and grams and parent outreach and training ac- SEC. 702. AUTHORIZATION OF APPROPRIATIONS. grade-appropriate academic attainment, pro- tivities designed to assist parents to become Section 7103(a) (20 U.S.C. 7403(a)) is amend- motion, and graduation; active participants in the education of their ed by striking ‘‘$215,000,000 for the fiscal year ‘‘(B) what programs are available to meet children; 1995’’ and inserting ‘‘$300,000,000 for fiscal the student’s educational strengths and ‘‘(iv) improving the instructional programs year 2001’’. needs, and how such programs differ in con- for limited English proficient students by SEC. 703. REPEAL OF PROGRAM DEVELOPMENT tent and instructional goals from other lan- identifying, acquiring, and applying effective AND IMPLEMENTATION GRANTS. guage instruction educational programs and, curricula, instructional materials (including (a) IN GENERAL.—Section 7112 (20 U.S.C. in the case of a student with a disability, materials provided through technology), and 7422) is repealed. how such program meets the objectives of assessments that are all aligned with State (b) CONFORMING AMENDMENT.—Section 7111 the individualized education program of such and local standards; (20 U.S.C. 7421) is amended, in the matter a student; and ‘‘(v) providing intensified instruction, in- preceding paragraph (1), by striking ‘‘7112, ‘‘(C) the instructional goals of the lan- cluding tutorials and academic or career 7113, 7114, and 7115’’ and inserting ‘‘7113 and guage instruction educational program, and counseling, for children and youth who are 7114’’. how the program will specifically help the limited English proficient; SEC. 703A. PERFORMANCE OBJECTIVES. limited English proficient student learn ‘‘(vi) adapting best practice models for Title VII (20 U.S.C. 7401 et seq.), as amend- English and meet State and local content meeting the needs of limited English pro- ed by section 703(a), is amended by inserting and performance standards. ficient students; after section 7111 the following: ‘‘(2) OPTION TO DECLINE.—Each parent de- ‘‘(vii) assisting limited English proficient ‘‘SEC. 7112. PERFORMANCE OBJECTIVES. scribed in paragraph (1) shall also be in- students with disabilities; ‘‘(a) IN GENERAL.—Each entity receiving a formed that the parent has the option of de- ‘‘(viii) implementing applied learning ac- grant under this subpart shall develop an- clining the enrollment of their children or tivities such as service learning to enhance nual numerical performance objectives with youth in a language instruction educational and support comprehensive elementary and respect to helping limited English proficient program, and shall be given an opportunity secondary bilingual education programs; and students become proficient in English. The to decline such enrollment if the parent so ‘‘(ix) carrying out such other activities, objectives shall include age and develop- chooses. consistent with the purpose of this part, as mentally appropriate incremental percent- ‘‘(3) SPECIAL RULE.—A student shall not be the Secretary may approve.’’. age increases for each fiscal year a State or admitted to, or excluded from, any Federally (c) PRIORITY.—Section 7113 (20 U.S.C. 7423) local educational agency receives a grant assisted language instruction educational is amended by adding at the end the fol- under this subpart, including increases in program assisted under this subpart solely lowing:

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.015 pfrm09 PsN: S03PT1 S3400 CONGRESSIONAL RECORD — SENATE May 3, 2000

‘‘(d) PRIORITY.—In awarding grants under ‘‘(B) developing and using educational ‘‘(3) CONVERSION TO FORMULA GRANT PRO- this section, the Secretary may give priority technology to improve learning, assess- GRAM.—With respect to any fiscal year in to an entity that— ments, and accountability to meet the needs which the amount appropriated to carry out ‘‘(1) serves a school district— of limited English proficient students; this section equals or exceeds $800,000,000, ‘‘(A) that has a total district enrollment ‘‘(C) implementing research-based pro- such amounts shall be distributed— that is less than 10,000 students; or grams to meet the needs of limited English ‘‘(A) first, among each State with an ap- ‘‘(B) with a large percentage or number of proficient students; proved applications under section 7116, in the limited English proficient students; and ‘‘(D) providing tutorials and academic or same proportion as amounts are distributed ‘‘(2) has limited or no experience in serving career counseling for limited English pro- to such State under part A of title I; and limited English proficient students.’’. ficient children and youth; ‘‘(B) second, of the amount distributed to a SEC. 705. COMPREHENSIVE SCHOOL AND SYS- ‘‘(E) developing and implementing State State under subpararaph (A)— TEMWIDE IMPROVEMENT GRANTS. and local content and student performance ‘‘(i) 50 percent of such amount shall be dis- Section 7114 (20 U.S.C. 7424) is amended to standards for learning English as a second tributed within the State based on the num- read as follows: language, as well as for learning other lan- ber of children who live in poverty in areas guages; ‘‘SEC. 7114. COMPREHENSIVE SCHOOL AND SYS- of the State; and TEMWIDE IMPROVEMENT GRANTS. ‘‘(F) developing and implementing pro- ‘‘(ii) 50 percent of such amount shall be dis- grams for limited English proficient stu- ‘‘(a) PURPOSES.—The purposes of this sec- tributed within the State based on the num- dents to meet the needs of changing popu- tion are— ber of limited English proficiency students, lations of such students; ‘‘(1) to provide financial assistance to using the most recently available data from ‘‘(G) implementing policies to ensure that schools and local educational agencies for the Bureau of the Census. limited English proficient students have ac- implementing bilingual education programs, ‘‘(d) ELIGIBLE ENTITIES.—In this section, cess to other education programs (other than in coordination with programs carried out the term ‘eligible entity’ means— programs designed to address limited under title I, for children and youth of lim- (1) 1 or more local educational agencies; or English proficiency), such as gifted and tal- ited English proficiency; (2) 1 or more local educational agencies, in ented, vocational education, and special edu- ‘‘(2) to assist limited English proficient collaboration with an institution of higher cation programs; education, community-based organization, students to meet the standards established ‘‘(H) implementing programs to meet the under section 1111(b); and local educational agency, or State edu- needs of limited English proficient students cational agency.’’. ‘‘(3) to improve, reform, and upgrade rel- with disabilities; SEC. 706. REPEAL OF SYSTEMWIDE IMPROVE- evant instructional programs and oper- ‘‘(I) developing and implementing pro- ations, in schools and local educational MENT GRANTS. grams to help all students become proficient Section 7115 (20 U.S.C. 7425) is repealed. agencies, that serve significant percentages in more than 1 language; and of students with limited English proficiency ‘‘(J) providing such other activities related SEC. 706A. IMMIGRANTS TO NEW AMERICANS MODEL PROGRAMS. or significant numbers of such students. to the purpose of this part as the Secretary ‘‘(b) AUTHORIZED ACTIVITIES.— may approve. Title VII (20 U.S.C. 7401 et seq.), as amended by section 706, in amended by inserting ‘‘(1) AUTHORITY.—The Secretary may ‘‘(4) SPECIAL RULE.—A recipient of a grant award grants to eligible entities having ap- under this section, before carrying out ac- after section 7114 the following: plications approved under section 7116 to en- tivities under this section, shall plan, train ‘‘SEC. 7115. IMMIGRANTS TO NEW AMERICANS able such entities to carry out activities de- personnel, develop curricula, and acquire or MODEL PROGRAMS. scribed in paragraphs (2) and (3). develop materials, but shall not use funds ‘‘(a) FINDINGS.—Congress finds the fol- ‘‘(2) MANDATORY ACTIVITIES.—Grants made available under this section for plan- lowing: awarded under this section shall be used ning purposes for more than 90 days. The re- ‘‘(1) In 1997, there were an estimated for— cipient shall commence carrying out activi- 25,800,000 foreign-born individuals residing in ‘‘(A) improving instructional programs for ties under this section not later than 90 days the United States. That number is the larg- limited English proficient students by ac- after the date of receipt of the grant. est number of such foreign-born individuals quiring and upgrading curriculum and re- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ever in United States history and represents lated instructional materials; ‘‘(1) IN GENERAL.—There are authorized to a 6,000,000, or 30 percent, increase over the ‘‘(B) aligning the activities carried out be appropriated to carry out this section, 1990 census figure of 19,800,000 of such for- under this section with State and local $1,000,000,000 for fiscal year 2001 and such eign-born individuals. The Bureau of the school reform efforts; sums as may be necessary for each of the 4 Census estimates that the recently arrived ‘‘(C) providing training, aligned with State succeeding fiscal years. immigrant population (including the refugee and local standards, to school personnel and ‘‘(2) DISTRIBUTION OF FUNDS.—Subject to population) currently residing in the Nation participating community-based organization paragraph (3), amounts appropriated under will account for 75 percent of the population personnel to improve the instruction and as- paragraph (1) for a fiscal year shall be dis- growth in the United States over the next 50 sessment of limited English proficient stu- tributed by the Secretary as follows: years. dents; ‘‘(A) RESERVATION OF FUNDS FOR CONTINUED ‘‘(2) For millions of immigrants settling ‘‘(D) developing and implementing plans, PAYMENTS.— into the Nation’s hamlets, towns, and cities, coordinated with plans for programs carried ‘‘(i) COVERED GRANT.—In this subpara- the dream of ‘‘life, liberty, and the pursuit of out under title II of the Higher Education graph, the term ‘covered grant’ means a happiness’’ has become a reality. The wave Act of 1965 (where applicable), and title II of grant— of immigrants, from various nationalities, this Act (where applicable), to recruit teach- ‘‘(I) that was awarded under this section, who have chosen the United States as their ers trained to serve limited English pro- or section 7115, prior to the date of enact- home, has positively influenced the Nation’s ficient students; ment of the Educational Excellence for All image and relationship with other nations. ‘‘(E) implementing culturally and linguis- Children Act of 2000; and The diverse cultural heritage of the Nation’s tically appropriate family education pro- ‘‘(II) for which the grant period has not immigrants has helped define the Nation’s grams, or parent outreach and training ac- ended. culture, customs, economy, and commu- tivities, that are designed to assist parents ‘‘(ii) RESERVATION.—For any fiscal year nities. By better understanding the people to become active participants in the edu- that is part of the grant period of a covered who have immigrated to the Nation, individ- cation of their children; grant, the Secretary shall reserve funds for uals in the United States better understand ‘‘(F) coordinating the activities carried out the payments described in clause (iii) from what it means to be an American. under this section with other programs, such the amount appropriated for the fiscal year ‘‘(3) There is a critical shortage of teachers as programs carried out under title I; under paragraph (1). with the skills needed to educate immigrant ‘‘(G) providing services to meet the full ‘‘(iii) PAYMENTS.—The Secretary shall con- students and their families in noncon- range of the educational needs of limited tinue to make grant payments to each entity centrated, nontraditional, immigrant com- English proficient students; that received a covered grant, for the dura- munities as well as communities with large ‘‘(H) annually assessing the English pro- tion of the grant period of the grant, to carry immigrant populations. The large influx of ficiency of all limited English proficient stu- out activities in accordance with the appro- immigrant families over the last decade pre- dents served by the activities carried out priate section described in clause (i)(I). sents a national dilemma: The number of under this section; and ‘‘(B) AVAILABILITY.—Of the amount appro- such families with school-age children, re- ‘‘(I) developing or improving account- priated for a fiscal year under paragraph (1) quiring assistance to successfully participate ability systems to monitor the academic that remains after the Secretary reserves in elementary schools, secondary schools, progress of limited English proficient stu- funds for payments under subparagraph (A)— and communities in the United States, is in- dents. ‘‘(i) not less than 1⁄3 of the remainder shall creasing without a corresponding increase in ‘‘(3) PERMISSIBLE ACTIVITIES.—Grants be used to award grants for activities carried the number of teachers with skills to accom- awarded under this section may be used for— out within an entire school district; and modate their needs. ‘‘(A) implementing programs to upgrade ‘‘(ii) not less than 2⁄3 of the remainder shall ‘‘(4) Immigrants arriving in communities reading and other academic skills of limited be used to award grants for activities carried across the Nation generally settle into high- English proficient students; out within individual schools. poverty areas, where funding for programs to

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.016 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3401 provide immigrant students and their fami- ‘‘(i) at least 1 local educational agency; mation as may be required to determine the lies with the services the students and fami- and effectiveness of the program; and lies need to successfully participate in ele- ‘‘(ii) at least 1 community-based organiza- ‘‘(I) any other information that the Sec- mentary schools, secondary schools, and tion; and retary may require. communities in the United States is inad- ‘‘(B) may include another entity such as an (f) SELECTION OF GRANTEES.— equate. institution of higher education, a local or ‘‘(1) CRITERIA.—The Secretary, through a ‘‘(5) The influx of immigrant families set- State government agency, a private sector peer review process, shall select partnerships tling into many United States communities entity, or another entity with expertise in to receive grants under this section on the is often the result of concerted efforts by working with immigrants. basis of the quality of the programs proposed local employers who value immigrant labor. ‘‘(3) REQUIRED DOCUMENTATION.—Each ap- in the applications submitted under sub- Those employers realize that helping immi- plication submitted by a partnership under section (e), taking into consideration such grants to become productive, prosperous this section for a proposed program shall in- factors as— members of a community is beneficial for clude documentation that— ‘‘(A) the extent to which the program pro- the local businesses involved, the immi- ‘‘(A) the partnership has the qualified per- posed in such an application effectively ad- grants, and the community. Further, local sonnel required to develop, administer, and dresses differences in language, culture, and businesses benefit from the presence of the implement the proposed program; and customs; immigrant families because the families ‘‘(B) the leadership of each participating ‘‘(B) the quality of the activities proposed present businesses with a committed and ef- school has been involved in the development by a partnership; fective workforce and help to open up new and planning of the program in the school. ‘‘(C) the extent of parental, student, and market opportunities. However, many of the ‘‘(4) OTHER APPLICATION CONTENTS.—Each community involvement; communities into which the immigrants application submitted by a partnership ‘‘(D) the extent to which comprehensive have settled need assistance in order to give under this section for a proposed program community social services are made avail- immigrant students and their families the shall include— able; services the students and families need to ‘‘(A) a list of the organizations entering ‘‘(E) the quality of the plan for measuring successfully participate in elementary into the partnership; and assessing success; and schools, secondary schools, and commu- ‘‘(B) a description of the need for the pro- ‘‘(F) the likelihood that the goals of the nities, in the United States. posed program, including data on the num- program will be achieved. ‘‘(b) PURPOSE.—The purpose of this section ber of immigrant students, and the number ‘‘(2) GEOGRAPHIC DISTRIBUTION OF PRO- is to establish a grant program, within the of such students with limited English pro- GRAMS.—The Secretary shall approve appli- Department of Education, that provides ficiency, in the schools or school districts to cations under this section in a manner that funding to partnerships of local educational be served through the program and the char- ensures, to the extent practicable, that pro- agencies and community-based organizations acteristics of the students described in this grams assisted under this section serve dif- for the development of model programs to subparagraph, including— ferent areas of the Nation, including urban, provide to immigrant students and their ‘‘(i) the native languages of the students to suburban, and rural areas, with special at- families the services the students and fami- be served; tention to areas that are experiencing an in- lies need to successfully participate in ele- ‘‘(ii) the proficiency of the students in flux of immigrant groups (including refugee mentary schools, secondary schools, and English and the native languages; groups), and that have limited prior experi- communities, in the United States. ‘‘(iii) achievement data for the students ence in serving the immigrant community. ‘‘(c) DEFINITIONS.—In this section: in— ‘‘(g) EVALUATION AND PROGRAM DEVELOP- ‘‘(1) COMMUNITY-BASED ORGANIZATION; ELE- ‘‘(I) reading or language arts (in English MENT.— MENTARY SCHOOL; LOCAL EDUCATIONAL AGEN- and in the native languages, if applicable); ‘‘(1) REQUIREMENT.—Each partnership re- CY; SECONDARY SCHOOL.—The terms ‘commu- and ceiving a grant under this section shall— nity-based organization’, ‘elementary ‘‘(II) mathematics; and ‘‘(A) conduct a comprehensive evaluation school’, ‘local educational agency’, and ‘sec- ‘‘(iv) the previous schooling experiences of of the program assisted under this section, ondary school’ have the meanings given the the students; including an evaluation of the impact of the terms in section 14101 of the Elementary and ‘‘(C) a description of the goals of the pro- program on students, teachers, administra- Secondary Education Act of 1965 (20 U.S.C. gram; tors, parents, and others; and 8801). ‘‘(D) a description of how the funds made ‘‘(B) prepare and submit to the Secretary a ‘‘(2) IMMIGRANT.—The term ‘immigrant’ available through the grant will be used to report containing the results of the evalua- has the meaning given the term in section supplement the basic services provided to tion. 101 of the Immigration and Nationality Act the immigrant students to be served; ‘‘(2) EVALUATION REPORT COMPONENTS.— (8 U.S.C. 1101). ‘‘(E) a description of activities that will be Each evaluation report submitted under this ‘‘(d) PROGRAM AUTHORIZED.— pursued by the partnership through the pro- section for a program shall include— ‘‘(1) IN GENERAL.—The Secretary is author- gram, including a description of— ‘‘(A) data on the partnership’s progress in ized to award not more than 10 grants in a ‘‘(i) how parents, students, and other mem- achieving the goals of the program; fiscal year to eligible partnerships for the bers of the community, including members ‘‘(B) data showing the extent to which all design and implementation of model proof private organizations and nonprofit orga- students served by the program are meeting grams to— nizations, will be involved in the design and the State’s student performance standards, ‘‘(A) assist immigrant students to achieve implementation of the program; including— in elementary schools and secondary schools ‘‘(ii) how the activities will further the ‘‘(i) data comparing the students served to in the United States by offering such edu- academic achievement of immigrant stu- other students, with regard to grade reten- cational services as English as a second lan- dents served through the program; tion and academic achievement in reading guage classes, literacy programs, programs ‘‘(iii) methods of teacher training and par- and language arts, in English and in the na- for introduction to the education system, ent education that will be used or developed tive languages of the students if the program and civics education; and through the program, including the dissemi- develops native language proficiency, and in ‘‘(B) assist parents of immigrant students nation of information to immigrant parents, mathematics; and by offering such services as parent education that is easily understandable in the language ‘‘(ii) a description of how the activities and literacy development services and by co- of the parents, about educational programs carried out through the program are coordi- ordinating activities with other entities to and the rights of the parents to participate nated and integrated with the overall school provide comprehensive community social in educational decisions involving their chil- program of the school in which the program services such as health care, job training, dren; and described in this section is carried out, and child care, and transportation services. ‘‘(iv) methods of coordinating comprehen- with other Federal, State, or local programs ‘‘(2) DURATION.—Each grant awarded under sive community social services to assist im- serving limited English proficient students; this section shall be awarded for a period of migrant families; ‘‘(C) data showing the extent to which fam- not more than 5 years. A partnership may ‘‘(F) a description of how the partnership ilies served by the program have been af- use funds made available through the grant will evaluate the progress of the partnership forded access to comprehensive community for not more than 1 year for planning and in achieving the goals of the program; social services; and program design. ‘‘(G) a description of how the local edu- ‘‘(D) such other information as the Sec- ‘‘(e) APPLICATIONS FOR GRANTS.— cational agency will disseminate informa- retary may require. ‘‘(1) IN GENERAL.—Each eligible partnership tion on model programs, materials, and ‘‘(i) ADMINISTRATIVE FUNDS.—A partner- desiring a grant under this section shall sub- other information developed under this sec- ship that receives a grant under this section mit an application to the Secretary at such tion that the local educational agency deter- may use not more than 5 percent of the grant time and in such manner as the Secretary mines to be appropriate for use by other funds received under this section for admin- may require. local educational agencies in establishing istrative purposes. ‘‘(2) ELIGIBLE PARTNERSHIPS.—To be eligi- similar programs to facilitate the edu- ‘‘(h)AUTHORIZATION OF APPROPRIATIONS.— ble to receive a grant under this section, a cational achievement of immigrant students; For the purpose of carrying out this section, partnership— ‘‘(H) an assurance that the partnership will there are authorized to be appropriated ‘‘(A) shall include— annually provide to the Secretary such infor- $10,000,000 for fiscal year 2001 and such sums

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.016 pfrm09 PsN: S03PT1 S3402 CONGRESSIONAL RECORD — SENATE May 3, 2000 as may be necessary for each of the 4 suc- following: ‘‘program who, individually or in ‘‘(B) English proficiency; ceeding fiscal years.’’. combination, are proficient in— ‘‘(C) mathematics; and SEC. 707. APPLICATIONS. ‘‘(i) English, including written, as well as ‘‘(D) the native language of the students if (a) STATE REVIEW AND COMMENTS.—Section oral, communication skills; and the program develops native language pro- 7116(b) (20 U.S.C. 7426(b)) is amended— ‘‘(ii) the native language of the majority of ficiency; (1) in paragraph (1), by striking ‘‘such’’ and the students that the teachers teach, if in- ‘‘(4) include information on the extent that inserting ‘‘the written comments of the struction in the program is in the native lan- professional development activities carried agency on the’’; and guage as well as English.’’; and out through the program have resulted in (2) in paragraph (2)(B)— (2) in paragraph (2), in the matter pre- improved classroom practices and improved (A) in the matter preceding clause (i), by ceding subparagraph (A), by striking ‘‘or student performance; striking ‘‘how the eligible entity’’; 7115’’. ‘‘(5) include a description of how the activi- (B) by striking clause (i) and inserting the (d) PRIORITIES AND SPECIAL RULES.—Sec- ties carried out through the program are co- following: tion 7116(i) (20 U.S.C. 7426(i)) is amended— ordinated and integrated with the other Fed- ‘‘(i) how the activities to be carried out (1) by striking paragraph (1) and inserting eral, State, or local programs serving lim- under the grant will further the academic the following: ited English proficient children and youth; achievement and English proficiency of lim- ‘‘(1) PRIORITY.—In approving applications and ited English proficient students served under for grants for programs under this subpart, ‘‘(6) include such other information as the the grant; and’’; and the Secretary shall give priority to an appli- Secretary may require.’’. (C) by striking clause (ii) and inserting the cant who— SEC. 711. RESEARCH. following: ‘‘(A) experiences a dramatic increase in the Section 7132(c)(1) (20 U.S.C. 7452(c)(1)) is ‘‘(ii) how the grant application is con- number or percentage of limited English pro- amended by striking ‘‘under subpart 1 or 2’’ sistent with the State plan required under ficient students enrolled in the applicant’s and inserting ‘‘under subpart 1 or 3 or this section 1111.’’. programs and has limited or no experience in subpart’’. (b) REQUIRED DOCUMENTATION.—Section serving limited English proficient students; SEC. 712. ACADEMIC EXCELLENCE AWARDS. 7116(f) (20 U.S.C. 7426(f)) is amended to read ‘‘(B) is a local educational agency that Section 7133 (20 U.S.C. 7453) is amended to as follows: serves a school district that has a total dis- read as follows: ‘‘(f) REQUIRED DOCUMENTATION.—Such ap- trict enrollment that is less than 10,000 stu- plication shall include documentation that— ‘‘SEC. 7133. ACADEMIC EXCELLENCE AWARDS. dents; ‘‘(1) the applicant has the qualified per- ‘‘(a) AUTHORITY.—The Secretary may make ‘‘(C) demonstrates that the applicant has a sonnel required to develop, administer, and grants to State educational agencies to as- proven record of success in helping limited implement the program proposed in the ap- sist the agencies in recognizing local edu- English proficient children and youth learn plication; and cational agencies and other public and non- English and meet high academic standards; ‘‘(2) the leadership personnel of each school profit entities whose programs have— ‘‘(D) proposes programs that provide for participating in the program have been in- ‘‘(1) demonstrated significant progress in the development of bilingual proficiency volved in the development and planning of assisting limited English proficient students both in English and another language for all the program in the school.’’. to learn English according to age appro- (c) CONTENTS.—Section 7116(g) (20 U.S.C. participating students; or priate and developmentally appropriate 7426(g)) is amended— ‘‘(E) serves a school district with a large standards; and (1) in paragraph (1)— percentage or number of limited English pro- ‘‘(2) demonstrated significant progress in (A) in subparagraph (A), by striking ‘‘in- ficient students.’’; assisting limited English proficient children cluding data’’ and all that follows and insert- (2) by striking paragraphs (2) and (3); and and youth to meet, according to age appro- ing the following: ‘‘including— (3) by redesignating paragraphs (4) and (5) priate and developmentally appropriate ‘‘(i) data on the number of limited English as paragraphs (2) and (3), respectively. standards, the same challenging State con- proficient students in the school or school SEC. 708. REPEAL OF INTENSIFIED INSTRUCTION. tent standards as all children and youth are district to be served; Section 7117 (20 U.S.C. 7427) is repealed. expected to meet. ‘‘(ii) the characteristics of such students, SEC. 709. REPEAL OF SUBGRANTS, PRIORITY, ‘‘(b) APPLICATIONS.—A State educational including— AND COORDINATION PROVISIONS. agency desiring a grant under this section ‘‘(I) the native languages of the students; Sections 7119 through 7121 (20 U.S.C. 7429– shall include an application for such grant in ‘‘(II) the proficiency of the students in 7431) are repealed. the application submitted by the agency English and their native language; SEC. 710. EVALUATIONS. under section 7134(e).’’. ‘‘(III) achievement data (current as of the Section 7123 (20 U.S.C. 7433) is amended to SEC. 713. STATE GRANT PROGRAM. date of submission of the application) for the read as follows: (a) GRANT AMOUNT.—Section 7134(b) (20 limited English proficient students in— ‘‘SEC. 7123. EVALUATIONS. U.S.C. 7454(b)) is amended by striking ‘‘(aa) reading or language arts (in English ‘‘(a) EVALUATION.—Each recipient of funds ‘‘$100,000’’ and inserting ‘‘$200,000’’. and in the native language, if applicable); under this subpart for a program shall annu- (b) USE OF FUNDS.—Section 7134(c) (20 and ally conduct an evaluation of the program U.S.C. 7454(c)) is amended— ‘‘(bb) mathematics; and submit to the Secretary a report con- (1) in paragraph (1)— ‘‘(IV) a comparison of that data for the cerning the evaluation, in the form pre- (A) in the matter preceding subparagraph students with that data for the English proscribed by the Secretary. (A), by striking ‘‘for programs authorized by ficient peers of the students; and ‘‘(b) USE OF EVALUATION.—Such evaluation this section’’; ‘‘(V) the previous schooling experiences of shall be used by the grant recipient— (B) by striking subparagraph (A) and in- the students; ‘‘(1) for program improvement; serting the following: ‘‘(iii) the professional development needs ‘‘(2) to further define the program’s goals ‘‘(A) assist local educational agencies in of the instructional personnel who will pro- and objectives; and the State with activities that— vide services for the limited English pro- ‘‘(3) to determine program effectiveness. ‘‘(i) consist of program design, capacity ficient students under the proposed program; ‘‘(c) EVALUATION REPORT COMPONENTS.—In building, assessment of student performance, and preparing the evaluation reports, the recipi- program evaluation, and development of ‘‘(iv) how the services provided through the ent shall— data collection and accountability systems grant would supplement the basic services ‘‘(1) use the data provided in the applica- for limited English proficient students; and provided to limited English proficient stu- tion submitted by the recipient under sec- ‘‘(ii) are aligned with State reform efforts; dents.’’; tion 7116 as baseline data against which to and’’; and (B) in subparagraph (B)— report academic achievement and gains in (C) in subparagraph (B), by striking ‘‘popu- (i) in clause (ii)— English proficiency for students in the pro- lations and’’ and all that follows and insert- (I) by striking ‘‘, the Goals 2000: Educate gram; ing ‘‘populations and document the services America Act’’; and ‘‘(2) disaggregate the results of the evalua- available to all such populations.’’; (II) by striking ‘‘section 14306’’ and insert- tion by gender, language groups, and wheth- (2) by striking paragraph (2); and ing ‘‘section 6506’’; er the students have disabilities; (3) by redesignating paragraphs (3) and (4) (ii) by redesignating clauses (ii) through ‘‘(3) include data on the progress of the re- as paragraphs (2) and (3), respectively. (v) as clauses (iii) through (vi), respectively; cipient in achieving the objectives of the SEC. 714. NATIONAL CLEARINGHOUSE. and program, including data demonstrating the Section 7135(b) (20 U.S.C. 7455(b)) is (iii) by inserting after clause (i) the fol- extent to which students served by the pro- amended— lowing: gram are meeting the State’s student per- (1) in paragraph (3), by striking ‘‘and’’ at ‘‘(ii) will ensure that the services provided formance standards, and including data com- the end; through the program will supplement the paring limited English proficient students (2) in paragraph (4)— basic services the applicant provides to lim- with English proficient students with regard (A) by striking ‘‘described in part A of title ited English proficient students;’’; and to school retention and academic achieve- XIII’’; and (C) in subparagraph (E), by striking ‘‘pro- ment in— (B) by striking the period and inserting ‘‘; gram’’ and all that follows and inserting the ‘‘(A) reading and language arts; and’’; and

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.016 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3403 (3) by adding at the end the following: ‘‘(1) the number of participants served ‘‘SEC. 8000. SHORT TITLE. ‘‘(5) publish, on an annual basis, a list of through the program, the number of partici- ‘‘This title may be cited as the ‘Impact Aid grant recipients under this title.’’. pants who completed program requirements, Act’.’’. SEC. 715. INSTRUCTIONAL MATERIALS DEVELOP- and the number of participants who took po- SEC. 802. PURPOSE. MENT. sitions in an instructional setting with lim- Section 8001 (20 U.S.C. 7701) is amended— Section 7136 (20 U.S.C. 7456) is amended, in ited English proficient students; (1) in paragraph (4), by inserting ‘‘or’’ after the first sentence, by striking the period and ‘‘(2) the effectiveness of the program in im- the semicolon; inserting ‘‘, and in other low-incidence lan- parting the professional skills necessary for (2) by striking paragraph (5); and guages in the United States for which in- participants to achieve the objectives of the (3) by redesignating paragraph (6) as para- structional materials are not readily avail- program; and graph (5). able.’’. ‘‘(3) the teaching effectiveness of graduates SEC. 803. PAYMENTS RELATING TO FEDERAL AC- SEC. 716. TRAINING FOR ALL TEACHERS PRO- of the program or other participants who QUISITION OF REAL PROPERTY. GRAM. have completed the program.’’. Section 8002 (20 U.S.C. 7702) is amended— Section 7142 (20 U.S.C. 7472) is amended by SEC. 720. SPECIAL RULE. (1) in the matter preceding paragraph (1) of striking subsections (b) and (c) and inserting Section 7161 (20 U.S.C. 7491) is amended by subsection (a), by striking ‘‘1999’’ and insert- the following: striking ‘‘Improving America’s Schools Act ing ‘‘2005’’; ‘‘(b) AUTHORIZATION.— of 1994’’ and inserting ‘‘Educational Excel- (2) in subsection (b)(1)— ‘‘(1) AUTHORITY.—The Secretary may lence for All Children Act of 2000’’. (A) in subparagraph (B), by striking ‘‘rat- award grants under this section to— SEC. 721. REPEAL OF FINDING RELATING TO FOR- ably reduce the payment to each eligible ‘‘(A) local educational agencies; or EIGN LANGUAGE ASSISTANCE. local educational agency’’ and inserting ‘‘(B) 1 or more local educational agencies Section 7202 (20 U.S.C. 7512) is repealed. ‘‘calculate the payment for each eligible in a consortium with 1 or more State edu- SEC. 722. FOREIGN LANGUAGE ASSISTANCE AP- local educational agency in accordance with cational agencies, institutions of higher edu- PLICATIONS. subsection (h)’’; and cation, or nonprofit organizations. Section 7204(b) (20 U.S.C. 7514(b)) is (B) in subparagraph (C), by inserting ‘‘or ‘‘(2) DURATION.—Each grant awarded under amended— this section, whichever is greater’’ before the this section shall be awarded for a period of (1) in paragraph (2), by striking ‘‘or’’ at the period; not more than 5 years. end; (3) by amending subsection (h) to read as ‘‘(c) AUTHORIZED ACTIVITIES.— (2) in paragraph (3), by striking the period follows: ‘‘(1) PROFESSIONAL DEVELOPMENT ACTIVI- and inserting a semicolon; and ‘‘(h) DISTRIBUTION OF FUNDS WHEN THERE TIES.—Grants awarded under this section (3) by adding at the end the following: ARE INSUFFICIENT APPROPRIATIONS.—If the shall be used to conduct high-quality, long- ‘‘(4) make effective use of technology, such amount appropriated under section 8014(a) is term professional development activities re- as computer-assisted instruction, language insufficient to pay the full amount deter- lating to meeting the needs of limited laboratories, or distance learning, to pro- mined under subsection (b) for all local edu- English proficient students, which may mote foreign language study; cational agencies for a fiscal year, then the include— ‘‘(5) promote innovative activities such as Secretary shall calculate the payments the ‘‘(A) developing and implementing induc- foreign language immersion, partial foreign local educational agencies receive under this tion programs for new teachers, including language immersion, or content-based in- section for the fiscal year as follows: programs that provide mentoring and coach- struction; and ‘‘(1) FOUNDATION PAYMENTS FOR PRE-1995 RE- ing by trained teachers, and team teaching ‘‘(6) are carried out through a consortium CIPIENTS.—First, the Secretary shall make a with experienced teachers; comprised of the agency receiving the grant foundation payment to each local edu- ‘‘(B) implementing school-based collabo- and an elementary school or secondary cational agency that is eligible to receive a rative efforts among teachers to improve in- school.’’. payment under this section for the fiscal struction in core academic areas, including SEC. 723. EMERGENCY IMMIGRANT EDUCATION year and was eligible to receive a payment reading, for students with limited English PURPOSE. under section 2 of Public Law 81–874 for any proficiency; Section 7301 (20 U.S.C. 7541) is amended— of the fiscal years 1989 through 1994. The Sec- ‘‘(C) coordinating activities with other pro- (1) by striking the section heading and in- retary shall make the payment by multi- grams, such as programs carried out under serting the following: plying 37 percent by the payment the local titles I and II and the Head Start Act; ‘‘SEC. 7301. PURPOSE.’’; educational agency was entitled to receive ‘‘(D) implementing programs that support (2) by striking subsection (a); and under such section 2 for fiscal year 1994 (or if effective teacher use of education tech- (3) in subsection (b), by striking ‘‘(b) PUR- the local educational agency did not receive nologies to improve instruction and assess- POSE.—’’. a payment for fiscal year 1994, the payment ment; SEC. 724. EMERGENCY IMMIGRANT EDUCATION that local educational agency was entitled to ‘‘(E) establishing and maintaining local STATE ADMINISTRATIVE COSTS. receive under such section 2 for the most re- professional networks; Section 7302 (20 U.S.C. 7542) is amended by cent fiscal year preceding 1994). If the funds ‘‘(F) developing curricular materials and inserting after ‘‘percent’’ the following: ‘‘(2 appropriated under section 8014(a) for the fis- assessments for teachers that are aligned percent if the State educational agency dis- cal year are insufficient to fully fund the with State and local standards and the needs tributes funds received under this part to foundation payments under this paragraph of the limited English proficient students to local educational agencies on a competitive for the fiscal year, then the Secretary shall be served; and basis)’’. ratably reduce the foundation payments to ‘‘(G) carrying out such other activities as SEC. 725. CONFORMING AMENDMENTS. each local educational agency under this are consistent with the purpose of this sec- (a) STATE ALLOCATIONS.—Section 7304(a) (20 paragraph. tion. U.S.C. 7544(a)) is amended by striking ‘‘(2) PAYMENTS FOR 1995 RECIPIENTS.—From ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities ‘‘7301(b)’’ and inserting ‘‘7301’’. any funds remaining after making payments conducted under this section may include (b) REPORTS.—Section 7308(b) (20 U.S.C. under paragraph (1) for the fiscal year for the development of training programs in col- 7548(b)) is amended by striking ‘‘14701’’ and which the calculation is made that are the laboration with other programs, such as pro- inserting ‘‘10201’’. result of the calculation described in sub- grams authorized under titles I and II, and SEC. 726. EMERGENCY IMMIGRANT EDUCATION paragraph (A), the Secretary shall make a under the Head Start Act.’’. AUTHORIZATION OF APPROPRIA- payment to each local educational agency TIONS. that received a payment under this section SEC. 717. GRADUATE FELLOWSHIPS. Section 7309 (20 U.S.C. 7549) is amended by Section 7145(a) (20 U.S.C. 7475(a)) is for fiscal year 1995 in accordance with the striking ‘‘$100,000,000 for fiscal year 1995’’ and following rules: amended— inserting ‘‘$200,000,000 for fiscal year 2001’’. (1) by striking paragraph (2); and ‘‘(A) Calculate the difference between the SEC. 727. COORDINATION AND REPORTING RE- amount appropriated to carry out this sec- (2) by redesignating paragraph (3) as para- QUIREMENTS. graph (2). tion for fiscal year 1995 and the total amount Section 7405(d) (20 U.S.C. 7575(d)) is amend- of foundation payments made under para- SEC. 718. REPEAL OF PROGRAM REQUIREMENTS. ed by striking ‘‘Committee on Labor and graph (1) for the fiscal year for which the Section 7147 (20 U.S.C. 7477) is repealed. Human Resources of the Senate and to the calculation is made. SEC. 719. PROGRAM EVALUATIONS. Committee on Education and Labor’’ and in- ‘‘(B) Determine the percentage share for Section 7149 (20 U.S.C. 7479) is amended to serting ‘‘Committee on Health, Education, each local educational agency that received read as follows: Labor, and Pensions of the Senate and to the a payment under this section for fiscal year ‘‘SEC. 7149. PROGRAM EVALUATIONS. Committee on Education and the Work- 1995 by dividing the assessed value of the ‘‘Each recipient of funds under this subpart force’’. Federal property of the local educational for a program shall annually conduct an TITLE VIII—IMPACT AID agency for fiscal year 1995, determined in ac- evaluation of the program and submit to the SEC. 801. SHORT TITLE. cordance with subsection (b)(3), by the total Secretary a report containing the evalua- Title VIII (20 U.S.C. 7701 et seq.) is amend- national assessed value of the Federal prop- tion. Such report shall include information ed by inserting before section 8001 (20 U.S.C. erty of all such local educational agencies on— 7701) the following: for fiscal year 1995, as so determined.

VerDate 27-APR-2000 04:36 May 04, 2000 Jkt 079060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.016 pfrm09 PsN: S03PT1 S3404 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(C) Multiply the percentage share de- ‘‘(1) require any local educational agency (iii) by inserting after subparagraph (D) scribed in subparagraph (B) for the local edu- that applied for a payment under subsection the following: cational agency by the amount determined (b) for a fiscal year to submit expeditiously ‘‘(E) Multiply the number of children de- under subparagraph (A). such data as may be necessary in order to scribed in subparagraph (E) of paragraph (1) ‘‘(3) SUBSECTION (i) RECIPIENTS.—From any compute the payment; by a factor of .10.’’; funds remaining after making payments ‘‘(2) as soon as possible after the beginning (B) in paragraph (4)— under paragraphs (1) and (2) for the fiscal of any fiscal year, but not later than 60 days (i) by amending the paragraph heading to year for which the calculation is made, the after the date of enactment of an Act mak- read as follows: ‘‘HOUSING UNDERGOING REN- Secretary shall make payments in according appropriations to carry out this title for OVATION OR REBUILDING’; ance with subsection (i). the fiscal year, provide a preliminary pay- (ii) by striking ‘‘For purposes’’ and insert- ‘‘(4) REMAINING FUNDS.—From any funds re- ment under subsection (b) for any local edu- ing the following: maining after making payments under para- cational agency that applied for a payment ‘‘(A)(i) MILITARY HOUSING.—For purposes’’; graphs (1), (2), and (3) for the fiscal year for under subsection (b) for the fiscal year, that (iii) in subparagraph (A)(i) (as designated which the calculation is made— has submitted the data described in para- by clause (ii)), by inserting ‘‘or rebuilding’’ ‘‘(A) the Secretary shall make a payment graph (1), and that was eligible for such a after ‘‘undergoing renovation’’; and to each local educational agency that repayment for the preceding fiscal year, in the (iv) by adding at the end the following: ceived a foundation payment under para- amount of 60 percent of the payment for the ‘‘(ii) HOUSING ON INDIAN LAND.—For pur- graph (1) for the fiscal year for which the previous year; and poses of computing the amount of a payment calculation is made in an amount that bears ‘‘(3) make every effort to provide a final for a local educational agency that received the same relation to 25 percent of the repayment under subsection (b) for any eligi- a payment for children described in para- mainder as the amount the local educational ble local educational agency not later than graph (1)(C) in the fiscal year prior to the fis- agency received under paragraph (1) for the 12 months after the application deadline es- cal year for which the local educational fiscal year for which the calculation is made tablished under section 8005(c). agency is making application, but which the bears to the amount all local educational ‘‘(m) ELIGIBILITY.— Secretary determines on the basis of a cer- agencies received under paragraph (1) for the ‘‘(1) OLD FEDERAL PROPERTY.—Except as tification provided to the Secretary by a des- fiscal year for which the calculation is made; provided in paragraph (2), a local educational ignated representative of the Department of and agency that is eligible to receive a payment the Interior or the Department of Housing ‘‘(B) the Secretary shall make a payment under this section for Federal property ac- and Urban Development, that such children to each local educational agency that is eli- quired by the Federal Government before the did reside in housing on Indian land in ac- gible to receive a payment under this section date of enactment of the Educational Excel- cordance with paragraph (1)(C) in the pre- for the fiscal year for which the calculation lence for All Children Act of 2000 shall be eli- vious fiscal year and would continue to re- is made in an amount that bears the same gible to receive the payment only if the local side in such housing except that such hous- relation to 75 percent of the remainder as a educational agency submits an application ing was undergoing renovation or rebuilding percentage share determined for the local for a payment under this section not later on the date for which the Secretary deter- educational agency (in the same manner as than 5 years after the date of enactment. mines the number of children under paragraph (1). percentage shares are determined for local ‘‘(2) COMBINED FEDERAL PROPERTY.—A local ‘‘(B) LIMITATIONS.—(i)(I) Except as pro- educational agencies under paragraph (2)(B)) educational agency that is eligible to receive vided in subclause (III), children described in bears to the percentage share determined (in a payment under this section for Federal paragraph (1)(D)(i) may be deemed to be chil- the same manner) for all local educational property acquired by the Federal Govern- dren described in paragraph (1)(B) with re- agencies eligible to receive a payment under ment before the date of enactment of the spect to housing on Federal property under- this section for the fiscal year for which the Educational Excellence for All Children Act going renovation or rebuilding in accordance calculation is made, except that for the pur- of 2000 shall be eligible to receive the pay- with subparagraph (A)(i) for a period not to pose of calculating a local educational agen- ment if— exceed 2 fiscal years. cy’s assessed value of the Federal property, ‘‘(A) the Federal property, when combined (II) Except as provided in subclause (III), data from the most current fiscal year shall with other Federal property in the school district served by the local educational agen- children described in subparagraph (A)(ii) be used.’’; may be deemed to be children described in (4) in subsection (i)— cy acquired by the Federal Government after the date of enactment, meets the require- paragraph (1)(C) with respect to housing on (A) in the subsection heading, by striking Indian land undergoing renovation or re- ‘‘PRIORITY’’ and inserting ‘‘SPECIAL’’; and ments of subsection (a); and ‘‘(B) the local educational agency submits building in accordance with subparagraph (B) by amending paragraph (1) to read as (A)(ii) for a period not to exceed 2 fiscal follows: an application for a payment under this section not later than 5 years after the date of years. ‘‘(1) IN GENERAL.—For any fiscal year be- (III) If the Secretary determines, on the ginning with fiscal year 2000 for which the acquisition of the Federal property acquired after the date of enactment. basis of certification provided to the Sec- amount appropriated to carry out this secretary by a designated representative of the tion exceeds the amount so appropriated for ‘‘(3) NEW FEDERAL PROPERTY.—A local educational agency that is eligible to receive a applicable Secretary, that the expected com- fiscal year 1996 and for which subsection pletion date of the renovation or rebuilding (b)(1)(B) applies, the Secretary shall use the payment under this section for Federal property acquired by the Federal Government of the housing has been delayed by not less remainder described in subsection (h)(3) for than 1 year, then— the fiscal year for which the calculation is after the date of enactment of the Edu- cational Excellence for All Children Act of ‘‘(aa) in the case of a determination made made (not to exceed the amount equal to the by the Secretary in the first fiscal year de- 2000 shall be eligible to receive the payment difference between (A) the amount appro- scribed in subclauses (I) or (II), the time pe- only if the local educational agency submits priated to carry out this section for fiscal riod described in such subclauses shall be ex- an application for a payment under this sec- year 1997 and (B) the amount appropriated to tended for an additional 2 years; and tion not later than 5 years after the date of carry out this section for fiscal year 1996) to ‘‘(bb) in the case of a determination made increase the payment that would otherwise acquisition. ‘‘(n) DISTRIBUTION OF FUNDS.—In calcu- by the Secretary in the 2nd fiscal year de- be made under this section to not more than scribed in subclauses (I) or (II), the time pe- 50 percent of the maximum amount deter- lating payments under this section for a local educational agency, any Federal funds riod described in such subclauses shall be ex- mined under subsection (b) for any local edu- received from a Federal agency (other than tended by the Secretary for an additional 1 cational agency described in paragraph (2).’’; the Department of Education) for Federal year. (5) in subsection (j)— lands located in a school district served by ‘‘(ii) The number of children described in (A) in paragraph (2)— the local educational agency shall not be de- paragraph (1)(D)(i) who are deemed to be (i) by striking ‘‘(A) A local’’ and inserting ducted from the payment unless the pay- children described in paragraph (1)(B) with ‘‘A local’’; and ment is for the maximum amount, as deter- respect to housing on Federal property un- (ii) by redesignating clauses (i) through (v) mined under subsection (b), the agency is eli- dergoing renovation or rebuilding in accord- as subparagraphs (A) through (E), respec- gible to receive under this section.’’. ance with subparagraph (A)(i) for any fiscal tively; and SEC. 804. PAYMENTS FOR ELIGIBLE FEDERALLY year may not exceed the maximum number (B) in paragraph (3)— CONNECTED CHILDREN. of children who are expected to occupy that (i) in subparagraph (A)— (a) GENERAL AMENDMENTS.—Section 8003 housing upon completion of the renovation (I) by striking the semicolon and inserting (20 U.S.C. 7703) is amended— or rebuilding. a period; and (1) in subsection (a)— ‘‘(iii) The number of children described in (II) by striking ‘‘(A) The maximum’’ and (A) in paragraph (2)— subparagraph (A)(ii) who are deemed to be inserting ‘‘The maximum’’; and (i) by redesignating subparagraph (E) as children described in paragraph (1)(C) with (ii) by striking subparagraphs (B) and (C); subparagraph (F); respect to housing on Indian land undergoing and (ii) in subparagraph (D), by striking ‘‘sub- renovation or rebuilding in accordance with (6) by adding at the end the following: paragraphs (D) and (E) of paragraph (1) by a subparagraph (A)(ii) for any fiscal year may ‘‘(l) DATA; PRELIMINARY AND FINAL PAY- factor of .10’’ and inserting ‘‘subparagraph not exceed the maximum number of children MENTS.—The Secretary shall— (D) of paragraph (1) by a factor of .25’’; and who are expected to occupy that housing

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.017 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3405 upon completion of the renovation or re- culated for the local educational agency and has a tax rate for general fund purposes building.’’; and under subsection (a)(2) for fiscal year 2000; which is not less than 125 percent of the av- (C) by adding at the end the following: multiplied by erage tax rate for general fund purposes for ‘‘(5) MILITARY ‘BUILD TO LEASE’ PROGRAM ‘‘(B) the total weighted student units cal- local educational agencies in the State; HOUSING.— culated for the local educational agency ‘‘(dd) has a total student enrollment of not ‘‘(A) IN GENERAL.—For purposes of com- under subsection (a)(2) (as such subsection less than 25,000 students, of which not less puting the amount of payment for a local was in effect on the day preceding the date of than 50 percent are children described in sub- educational agency for children identified enactment of the Educational Excellence for section (a)(1) and not less than 6,000 of such under paragraph (1), the Secretary shall con- All Children Act of 2000) for the fiscal year children are children described in subpara- sider children residing in housing initially for which the determination is made. graphs (A) and (B) of subsection (a)(1); or acquired or constructed under the former ‘‘(2) RATABLE REDUCTIONS.— ‘‘(ee) meets the requirements of subsection section 2828(g) of title 10, United States Code ‘‘(A) IN GENERAL.—If the sums made avail- (f)(2) applying the data requirements of sub- (commonly known as the ‘Build to Lease’ able under this title for any fiscal year are section (f)(4) (as such subsections were in ef- program), as added by section 801 of the Mili- insufficient to pay the full amounts that all fect on the day before the date of the enact- tary Construction Authorization Act, 1984, to local educational agencies in all States are ment of the Educational Excellence for All be children described under paragraph (1)(B) eligible to receive under paragraph (1) for if the property described is within the fenced such year, then the Secretary shall ratably Children Act of 2000). security perimeter of the military facility reduce the payments to all such agencies for ‘‘(ii) LOSS OF ELIGIBILITY.—A heavily im- upon which such housing is situated. such year. pacted local educational agency that met ‘‘(B) ADDITIONAL REQUIREMENTS.—If the ‘‘(B) ADDITIONAL FUNDS.—If additional the requirements of clause (i) for a fiscal property described in subparagraph (A) is not funds become available for making payments year shall be ineligible to receive a basic owned by the Federal Government, is subject under paragraph (1) for such fiscal year, pay- support payment under subparagraph (A) if to taxation by a State or political subdivi- ments that were reduced under subparagraph the agency fails to meet the requirements of sion of a State, and thereby generates reve- (A) shall be increased on the same basis as clause (i) for a subsequent fiscal year, except nues for a local educational agency that is such payments were reduced.’’; that such agency shall continue to receive a applying to receive a payment under this (5) by striking subsections (f) and (g); and basic support payment under this paragraph section, then the Secretary— (6) by redesignating subsections (h) and (i) for the fiscal year for which the ineligibility ‘‘(i) shall require the local educational as subsections (f) and (g), respectively. determination is made. agency to provide certification from an ap- (b) BASIC SUPPORT PAYMENTS FOR HEAVILY ‘‘(iii) RESUMPTION OF ELIGIBILITY.—A heav- propriate official of the Department of De- IMPACTED LOCAL EDUCATIONAL AGENCIES.— ily impacted local educational agency defense that the property is being used to pro- Section 8003(b) (20 U.S.C. 7703(b)) is scribed in clause (i) that becomes ineligible vide military housing; and amended— under such clause for 1 or more fiscal years ‘‘(ii) shall reduce the amount of the pay- (1) by redesignating paragraphs (2) and (3) may resume eligibility for a basic support ment under this section by an amount equal as paragraphs (3) and (4), respectively; and payment under this paragraph for a subse- to the amount of revenue from such taxation (2) by inserting after paragraph (1) the fol- quent fiscal year only if the agency meets received in the second preceding fiscal year lowing: the requirements of clause (i) for that subse- by such local educational agency, unless the ‘‘(2) BASIC SUPPORT PAYMENTS FOR HEAVILY quent fiscal year, except that such agency amount of such revenue was taken into ac- IMPACTED LOCAL EDUCATIONAL AGENCIES.— shall not receive a basic support payment count by the State for such second preceding ‘‘(A) IN GENERAL.—(i) From the amount ap- under this paragraph until the fiscal year fiscal year and already resulted in a reduc- propriated under section 8014(b) for a fiscal succeeding the fiscal year for which the eli- tion in the amount of State aid paid to such year, the Secretary is authorized to make gibility determination is made. local educational agency.’’; basic support payments to eligible heavily ‘‘(C) ELIGIBILITY FOR NEW HEAVILY IM- (2) in subsection (b)(1), by adding at the impacted local educational agencies with PACTED LOCAL EDUCATIONAL AGENCIES.— children described in subsection (a). end the following: ‘‘(i) IN GENERAL.—A heavily impacted local ‘‘(D) DATA.—If satisfactory data from the ‘‘(ii) A local educational agency that re- educational agency that did not receive an third preceding fiscal year are not available ceives a basic support payment under this additional assistance payment under subparagraph for a fiscal year shall not be eligi- for any of the expenditures described in section (f) (as such subsection was in effect ble to receive a basic support payment under clause (i) or (ii) of subparagraph (C), the Sec- on the day before the date of the enactment paragraph (1) for that fiscal year. retary shall use data from the most recent of the Educational Excellence for All Chil- ‘‘(B) ELIGIBILITY FOR CONTINUING HEAVILY fiscal year for which data that are satisfac- dren Act of 2000) for fiscal year 2000 is eligi- IMPACTED LOCAL EDUCATIONAL AGENCIES.— tory to the Secretary are available. ble to receive a basic support payment under ‘‘(E) SPECIAL RULE.—For the purpose of de- ‘‘(i) IN GENERAL.—A heavily impacted local subparagraph (A) for fiscal year 2002 and any termining the comparable local contribution educational agency is eligible to receive a subsequent fiscal year with respect to a rate under subparagraph (C)(iii) for a local basic support payment under subparagraph number of children determined under sub- educational agency described in section (A) with respect to a number of children de- section (a)(1) only if the agency is a local 222.39(c)(3) of title 34, Code of Federal Regu- termined under subsection (a)(1) if the educational agency whose boundaries are the lations, that had its comparable local con- agency— same as a Federal military installation, or tribution rate for fiscal year 1998 calculated (I) received an additional assistance pay- the agency— pursuant to section 222.39 of title 34, Code of ment under subsection (f) (as such subsection ‘‘(I) has an enrollment of children de- Federal Regulations, the Secretary shall de- was in effect on the day before the date of scribed in subsection (a)(1) that constitutes a termine as the local educational agency’s the enactment of the Educational Excellence minimum comparable local contribution for All Children Act of 2000) for fiscal year percentage of the total student enrollment of rate the local contribution rate upon which 2000; and the agency that— payments under this subsection for fiscal ‘‘(II)(aa) is a local educational agency ‘‘(aa) is not less than 50 percent if such year 2000 were made to the local educational whose boundaries are the same as a Federal agency receives a payment on behalf of chil- agency adjusted by the percentage increase military installation; dren described in subparagraphs (F) and (G) or decrease in the per pupil expenditure in ‘‘(bb) has an enrollment of children de- of such subsection; or the State serving the local educational agen- scribed in subsection (a)(1) that constitutes a ‘‘(bb) is not less than 40 percent if such cy calculated on the basis of the second most percentage of the total student enrollment of agency does not receive a payment on behalf recent preceding school year compared to the agency which is not less than 35 percent, of such children; the third most recent preceding school year has a per-pupil expenditure that is less than ‘‘(II)(aa) for a local educational agency for which school year data are available.’’; the average per-pupil expenditure of the that has a total student enrollment of 350 or (3) in subsection (d)(2), by striking ‘‘a free State in which the agency is located or the more students, has a per-pupil expenditure appropriate public education’’ and inserting average per-pupil expenditure of all States that is less than the average per-pupil ex- ‘‘services’’; (whichever average per-pupil expenditure is penditure of the State in which the agency is (4) by amending subsection (e) to read as greater), except that a local educational located; or follows: agency with a total student enrollment of ‘‘(bb) for a local educational agency that ‘‘(e) HOLD HARMLESS.— less than 350 students shall be deemed to has a total student enrollment of less than ‘‘(1) IN GENERAL.—Except as provided in have satisfied such per-pupil expenditure re- 350 students, has a per-pupil expenditure paragraph (2), the total amount the Sec- quirement, and has a tax rate for general that is less than the average per-pupil ex- retary shall pay a local educational agency fund purposes which is not less than 95 per- penditure of a comparable local educational under this section for fiscal year 2001 and cent of the average tax rate for general fund agency in the State in which the agency is each succeeding fiscal year shall not be less purposes of local educational agencies in the located, as defined in regulations promul- than— State; gated by the Secretary; and ‘‘(A) the result obtained by dividing the ‘‘(cc) has an enrollment of children de- ‘‘(III) has a tax rate for general fund pur- amount received by the local educational scribed in subsection (a)(1) that constitutes a poses that is not less than 95 percent of the agency under this subsection for fiscal year percentage of the total student enrollment of average tax rate for general fund purposes of 2000 by the total weighted student units cal- the agency which is not less than 30 percent, local educational agencies in the State.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.017 pfrm09 PsN: S03PT1 S3406 CONGRESSIONAL RECORD — SENATE May 3, 2000

‘‘(ii) RESUMPTION OF ELIGIBILITY.—A heav- educational agency that has a total student fense Authorization Act for Fiscal Year ily impacted local educational agency de- enrollment of not less than 25,000 students, 1993’’. scribed in clause (i) that becomes ineligible of which not less than 50 percent are children (e) EFFECTIVE DATE.—The time limits im- under such clause for 1 or more fiscal years described in subsection (a)(1) and not less posed by the amendments made by sub- may resume eligibility for a basic support than 6,000 of such children are children de- section (a)(1)(B)(iv) shall apply with respect payment under this paragraph for a subse- scribed in subparagraphs (A) and (B) of sub- to payments made to a local educational quent fiscal year only if the agency is a local section (a)(1). agency for fiscal years beginning on or after educational agency whose boundaries are the ‘‘(ii) For purposes of calculating the max- the date of the enactment of this Act. same as a Federal military installation, or imum amount described in clause (i), the fac- SEC. 805. SUDDEN AND SUBSTANTIAL INCREASES meets the requirements of clause (i), for that tor used in determining the weighted student IN ATTENDANCE OF MILITARY DE- subsequent fiscal year, except that such units under subsection (a)(2) with respect to PENDENTS. agency shall continue to receive a basic sup- children described in subparagraphs (A) and Section 8006 (20 U.S.C. 7706) is repealed. port payment under this paragraph for the (B) of subsection (a)(1) shall be 1.35. SEC. 806. SCHOOL CONSTRUCTION AND FACILITY fiscal year for which the ineligibility deter- ‘‘(F) DATA.—For purposes of providing as- MODERNIZATION. mination is made. sistance under this paragraph the Secretary (a) SCHOOL CONSTRUCTION.—Section 8007 of ‘‘(iii) APPLICATION.—With respect to the shall use student, revenue, expenditure, and the Elementary and Secondary Education first fiscal year for which a heavily impacted tax data from the third fiscal year preceding Act of 1965 (20 U.S.C. 7707) is amended to read local educational agency described in clause the fiscal year for which the local edu- as follows: (i) applies for a basic support payment under cational agency is applying for assistance ‘‘SEC. 8007. SCHOOL CONSTRUCTION. subparagraph (A), or with respect to the first under this paragraph.’’. ‘‘(a) PAYMENTS AUTHORIZED FOR SCHOOL fiscal year for which a heavily impacted (c) PAYMENTS WITH RESPECT TO FISCAL CONSTRUCTION.—From 20 percent of the local educational agency applies for a basic YEARS IN WHICH INSUFFICIENT FUNDS ARE AP- amount appropriated for each fiscal year support payment under subparagraph (A) PROPRIATED.—Section 8003(b)(3) (20 U.S.C. under section 8014(d), the Secretary shall after becoming ineligible under clause (i) for 7703(b)(3)) (as so redesignated) is amended— make payments to each local educational 1 or more preceding fiscal years, the agency (1) in subparagraph (A), by striking ‘‘para- agency— shall apply for such payment at least 1 year graph (1)’’ and inserting ‘‘paragraphs (1) and ‘‘(1) that receives a basic payment under prior to the start of that first fiscal year. (2)’’; section 8003(b); and ‘‘(D) MAXIMUM AMOUNT FOR REGULAR HEAV- (2) in subparagraph (B)— ‘‘(2)(A) in which the number of children de- ILY IMPACTED LOCAL EDUCATIONAL AGENCIES.— (A) in the heading, by inserting after ‘‘PAY- termined under section 8003(a)(1)(C) con- (i) Except as provided in subparagraph (E), MENTS’’ the following: ‘‘IN LIEU OF PAYMENTS stituted at least 50 percent of the number of the maximum amount that a heavily im- UNDER PARAGRAPH (1)’’; and children who were in average daily attend- pacted local educational agency is eligible to (B) in clause (i)— ance in the schools of such agency during the receive under this paragraph for any fiscal (i) in the matter preceding subclause (I), by preceding school year; year is the sum of the total weighted student inserting before ‘‘by multiplying’’ the fol- ‘‘(B) in which the number of children deter- units, as computed under subsection (a)(2) lowing: ‘‘in lieu of basic support payments mined under subparagraphs (B) and (D)(i) of and subject to clause (ii), multiplied by the under paragraph (1)’’; and section 8003(a)(1) constituted at least 50 per- greater of— (ii) in subclause (II), by striking ‘‘(not in- cent of the number of children who were in ‘‘(I) four-fifths of the average per-pupil excluding amounts received under subsection average daily attendance in the schools of penditure of the State in which the local (f))’’; such agency during the school year pre- educational agency is located for the third (3) by redesignating subparagraph (C) as ceding the school year for which the deter- fiscal year preceding the fiscal year for subparagraph (D); mination is made; or which the determination is made; or (4) by inserting after subparagraph (B) the ‘‘(C) that receives assistance under section ‘‘(II) four-fifths of the average per-pupil ex- following: 8003(b)(2) for the fiscal year preceding the penditure of all of the States for the third ‘‘(C) LEARNING OPPORTUNITY THRESHOLD school year for which the determination is fiscal year preceding the fiscal year for PAYMENTS IN LIEU OF PAYMENTS UNDER PARA- made. which the determination is made. GRAPH (2).—For fiscal years described in sub- ‘‘(b) AMOUNT OF PAYMENTS.—The amount ‘‘(ii)(I) For a local educational agency with paragraph (A), the learning opportunity of a payment to each such agency for a fiscal respect to which 35 percent or more of the threshold payment in lieu of basic support year shall be equal to— total student enrollment of the schools of payments under paragraph (2) shall be equal ‘‘(1) the amount made available under sub- the agency are children described in subpara- to the amount obtained under subparagraph section (a) for the fiscal year; divided by graph (D) or (E) (or a combination thereof) of (D) or (E) of paragraph (2), as the case may ‘‘(2) the remainder of— subsection (a)(1), the Secretary shall cal- be.’’; and ‘‘(A) the number of children determined culate the weighted student units of such (5) in subparagraph (D) (as so redesig- under section 8003(a)(2) for all local edu- children for purposes of subsection (a)(2) by nated), by striking ‘‘computation made cational agencies described in subsection (a) multiplying the number of such children by under subparagraph (B)’’ and inserting ‘‘com- for the fiscal year; minus a factor of 0.55. putations made under subparagraphs (B) and ‘‘(B) the number of children attending a ‘‘(II) For a local educational agency that (C)’’. school facility described in section 8008(a) for has an enrollment of 100 or fewer children de- (d) CONFORMING AMENDMENTS.—Section which the Secretary provided assistance scribed in subsection (a)(1), the Secretary 8003 (20 U.S.C. 7703) is amended— under section 8008(a) for the previous fiscal shall calculate the total number of weighted (1) in the matter preceding subparagraph year; multiplied by student units for purposes of subsection (A) of subsection (a)(1), by striking ‘‘sub- ‘‘(3) the sum of the number of children de- (a)(2) by multiplying the number of such section (b), (d), or (f)’’ and inserting ‘‘sub- scribed in paragraph (2) determined for such children by a factor of 1.75. section (b) or (d)’’; agency for the fiscal year. ‘‘(III) For a local educational agency that (2) in subsection (b)— ‘‘(c) USE OF FUNDS.—Any local educational has an enrollment of more than 100 but not (A) in paragraph (1)(C), in the matter pre- agency that receives funds under this section more than 750 children described in sub- ceding clause (i), by striking ‘‘this sub- shall use such funds for construction, as de- section (a)(1), the Secretary shall calculate section’’ and inserting ‘‘this paragraph’’; and fined in section 8013(3).’’. the total number of weighted student units (B) in paragraph (4) (as so redesignated)— (b) SCHOOL FACILITY MODERNIZATION.— for purposes of subsection (a)(2) by multi- (i) in subparagraph (A), by striking ‘‘para- Title VIII of such Act (20 U.S.C. 7701 et seq.) plying the number of such children by a fac- graphs (1)(B), (1)(C), and (2) of this sub- is amended by inserting after section 8007 (20 tor of 1.25. section’’ and inserting ‘‘subparagraphs (B) U.S.C. 7707) the following: ‘‘(iii) Notwithstanding subsection (a)(3), and (C) of paragraph (1) or subparagraphs (B) ‘‘SEC. 8007A. SCHOOL FACILITY MODERNIZATION. the Secretary shall compute the payment for through (D) of paragraph (2), as the case may ‘‘(a) PROGRAM AUTHORIZED.— a heavily impacted local educational agency be, paragraph (3) of this subsection’’; and ‘‘(1) IN GENERAL.—From 80 percent of the under this subparagraph for all children de- (ii) in subparagraph (B)— amount appropriated for each fiscal year scribed in subsection (a)(1) that are served by (I) by inserting after ‘‘paragraph (1)(C)’’ under section 8014(d), the Secretary shall the agency. the following: ‘‘or subparagraph (D) or (E) of award grants to eligible local educational ‘‘(E) MAXIMUM AMOUNT FOR LARGE HEAVILY paragraph (2), as the case may be,’’; and agencies to enable the local educational IMPACTED LOCAL EDUCATIONAL AGENCIES.— (II) by striking ‘‘paragraph (2)(B)’’ and in- agencies to carry out modernization of (i)(I) Subject to clause (ii), the maximum serting ‘‘subparagraph (B) or (C) of para- school facilities. amount that a heavily impacted local edu- graph (3), as the case may be,’’; ‘‘(2) ALLOCATION AMONG ELIGIBLE LOCAL cational agency described in subclause (II) is (3) in subsection (c)(1), by striking ‘‘para- EDUCATIONAL AGENCIES.—The Secretary shall eligible to receive under this paragraph for graph (2) and subsection (f)’’ and inserting allocate— any fiscal year shall be determined in ac- ‘‘subsections (b)(1)(D), (b)(2), and paragraph ‘‘(A) 45 percent of the amount made avail- cordance with the formula described in para- (2)’’; and able under paragraph (1) for each fiscal year graph (1)(C). (4) in subsection (h), by striking ‘‘section for grants to local educational agencies de- ‘‘(II) A heavily impacted local educational 6’’ and all that follows through ‘‘1994)’’ and scribed in clause (i) or (ii) of subsection agency described in this subclause is a local inserting ‘‘section 386 of the National De- (b)(2)(A);

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.017 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3407 ‘‘(B) 45 percent of such amount for grants and the potential for future overcrowding be- lowing fiscal year, subject to the priority de- to local educational agencies described in cause of increased enrollment; and scribed in paragraph (4). subsection (b)(2)(B); and ‘‘(C) facility needs resulting from actions ‘‘(g) GENERAL LIMITATIONS.— ‘‘(C) 10 percent of such amount for grants of the Federal Government. ‘‘(1) REAL PROPERTY.—No part of any grant to local educational agencies described in ‘‘(5) The age of the school facility to be funds awarded under this section shall be subsection (b)(2)(C). modernized. used for the acquisition of any interest in ‘‘(3) SPECIAL RULE.—A local educational ‘‘(d) OTHER AWARD PROVISIONS.— real property. agency described in subsection (b)(2)(B) may ‘‘(1) AMOUNT CONSIDERATION.—In deter- ‘‘(2) MAINTENANCE.—Nothing in this section use grant funds made available under this mining the amount of a grant awarded under shall be construed to authorize the payment section for a school facility located on or this section, the Secretary shall consider the of maintenance costs in connection with any near Federal property only if the school fa- cost of the modernization and the ability of school facilities modernized in whole or in cility is located at a school where not less the local educational agency to produce suf- part with Federal funds provided under this than 50 percent of the children in average ficient funds to carry out the activities for section. daily attendance in the school for the pre- which assistance is sought. ‘‘(3) ENVIRONMENTAL SAFEGUARDS.—All ceding school year are children for which a ‘‘(2) FEDERAL SHARE.—The Federal funds projects carried out with Federal funds pro- determination is made under section provided to a local educational agency under vided under this section shall comply with 8003(a)(1). this section shall not exceed 50 percent of all relevant Federal, State, and local envi- the total cost of the project to be assisted ‘‘(b) ELIGIBILITY REQUIREMENTS.—A local ronmental laws and regulations. under this section. A local educational agen- educational agency is eligible to receive ‘‘(4) ATHLETIC AND SIMILAR SCHOOL FACILI- cy may use in-kind contributions to meet funds under this section only if— TIES.—No Federal funds received under this the matching requirement of the preceding ‘‘(1) such agency (or in the case of a local section shall be used for outdoor stadiums or sentence. educational agency that does not have the other school facilities that are primarily ‘‘(3) MAXIMUM GRANT.—A local educational authority to tax or issue bonds, such agen- used for athletic contests or exhibitions, or agency may not receive a grant under this cy’s fiscal agent) has no capacity to issue other events, for which admission is charged section in an amount that exceeds $3,000,000 bonds or is at such agency’s limit in bonded to the general public. during any 5-year period. indebtedness for the purposes of generating ‘‘(e) APPLICATIONS.—A local educational ‘‘(h) SUPPLEMENT NOT SUPPLANT.—An eligi- funds for capital expenditures, except that a agency desiring to receive a grant under this ble local educational agency shall use funds local educational agency that is eligible to section shall submit an application to the received under this section only to supple- receive funds under section 8003(b)(2) shall be Secretary at such time, in such manner, and ment the amount of funds that would, in the deemed to have met the requirements of this accompanied by such information as the Sec- absence of such Federal funds, be made paragraph; and retary may require. Each application shall available from non-Federal sources for the ‘‘(2)(A)(i) such agency received assistance contain— modernization of school facilities used for under section 8002(a) and has an assessed ‘‘(1) documentation of the agency’s lack of educational purposes, and not to supplant value of taxable property per student in the bonding capacity; such funds.’’. school district that is less than the average ‘‘(2) a listing of the school facilities to be SEC. 807. STATE CONSIDERATION OF PAYMENTS of the assessed value of taxable property per modernized, including the number and per- IN PROVIDING STATE AID. student in the State in which the local edu- centage of children determined under section Section 8009 (20 U.S.C. 7709) is amended— cational agency is located; or 8003(a)(1) in average daily attendance in each (1) in subsection (a)(1), by striking ‘‘or ‘‘(ii) had an enrollment of children deter- school facility; under’’ and all that follows through ‘‘of mined under section 8003(a)(1)(C) which con- ‘‘(3) a description of the ownership of the 1994)’’; stituted at least 25 percent of the number of property on which the current school facility (2) by amending subsection (b)(1) to read as children who were in average daily attend- is located or on which the planned school fa- follows: ance in the schools of such agency during the cility will be located; ‘‘(1) IN GENERAL.—A State may reduce school year preceding the school year for ‘‘(4) a description of any school facility de- State aid to a local educational agency that which the determination is made; ficiency that poses a health or safety hazard receives a payment under section 8002 or ‘‘(B) such agency received assistance under to the occupants of the school facility and a 8003(b) (except the amount calculated in ex- section 8003(b) and had an enrollment of chil- description of how that deficiency will be recess of 1.0 under section 8003(a)(2)(B)) for any dren determined under subparagraphs (A), paired; fiscal year if the Secretary determines, and (B), and (D) of section 8003(a)(1) which con- ‘‘(5) a description of the modernization to certifies under subsection (c)(3)(A), that the stituted at least 25 percent of the number of be supported with funds provided under this State has in effect a program of State aid children who were in average daily attend- section; that equalizes expenditures for free public ance in the schools of such agency during the ‘‘(6) a cost estimate of the proposed mod- education among local educational agencies school year preceding the school year for ernization; and in the State.’’; and which the determination is made; or ‘‘(7) such other information and assurances (3) in subsection (d)— ‘‘(C) such agency had an enrollment of as the Secretary may reasonably require. (A) in paragraph (1)— children determined under section ‘‘(f) EMERGENCY GRANTS.— (i) in the matter proceeding subparagraph 8003(a)(1)(C) which constituted at least 50 ‘‘(1) APPLICATIONS.—Each local educational (A), by striking ‘‘or under’’ and all that fol- percent of the number of children who were agency described in subsection (b)(2)(C) that lows through ‘‘of 1994)’’; and in average daily attendance in the schools of desires a grant under this section shall in- (ii) in subparagraph (B), by striking ‘‘or such agency during the school year preclude in the application submitted under under’’ and all that follows through ‘‘of ceding the school year for which the deter- subsection (e) a signed statement from an 1994)’’; and mination is made, and has a school facility appropriate State official certifying that a (B) in paragraph (2), by striking ‘‘or under’’ emergency, as determined by the Secretary, health or safety deficiency exists. and all that follows through ‘‘of 1994)’’. that poses a health or safety hazard to the ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI- SEC. 808. FEDERAL ADMINISTRATION. students and school personnel assigned to SIONS.—Paragraphs (2) and (3) of subsection the school facility. (d) shall not apply to grants under this sec- Section 8010(c) (20 U.S.C. 7710(c)) is ‘‘(c) AWARD CRITERIA.—In awarding grants tion awarded to local educational agencies amended— under this section the Secretary shall con- described in subsection (b)(2)(C). (1) by striking paragraph (1); sider 1 or more of the following factors: ‘‘(3) SPECIAL RULES.—The Secretary shall (2) by redesignating paragraphs (2) and (3) ‘‘(1) The extent to which the local edu- make every effort to meet fully the school as paragraphs (1) and (2), respectively; cational agency lacks the fiscal capacity to facility needs of local educational agencies (3) in paragraph (1) (as so redesignated), by undertake the modernization project with- described in subsection (b)(2)(C). striking ‘‘paragraph (3)’’ each place the term out Federal assistance. ‘‘(4) PRIORITY.—If the Secretary receives appears and inserting ‘‘paragraph (2)’’; and ‘‘(2) The extent to which property in the more than 1 application from local edu- (4) in paragraph (2) (as so redesignated)— local educational agency is nontaxable due cational agencies described in subsection (A) in subparagraph (D), by striking ‘‘sec- to the presence of the Federal Government. (b)(2)(C) for grants under this section for any tion 5(d)(2)’’ and all that follows through ‘‘of ‘‘(3) The extent to which the local edu- fiscal year, the Secretary shall give priority 1994) or’’; and cational agency serves high numbers or per- to local educational agencies based on when (B) in subparagraph (E)— centages of children described in subpara- an application was received and the severity (i) by striking ‘‘1994’’ and inserting ‘‘1999’’; graphs (A), (B), (C), and (D) of section of the emergency as determined by the Sec- (ii) by striking ‘‘(or such section’s prede- 8003(a)(1). retary. cessor authority)’’; and ‘‘(4) The need for modernization to meet— ‘‘(5) CONSIDERATION FOR FOLLOWING YEAR.— (iii) by striking ‘‘paragraph (2)’’ and insert- ‘‘(A) the threat that the condition of the A local educational agency described in sub- ing ‘‘paragraph (1)’’. school facility poses to the safety and well- section (b)(2)(C) that applies for a grant SEC. 809. ADMINISTRATIVE HEARINGS AND JUDI- being of students; under this section for any fiscal year and CIAL REVIEW. ‘‘(B) overcrowding conditions as evidenced does not receive the grant shall have the ap- Section 8011(a) (20 U.S.C. 7711(a)) is by the use of trailers and portable buildings plication for the grant considered for the fol- amended—

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(1) by striking ‘‘the Act’’ and all that fol- CIES.—For the purpose of making payments growing Indian student population in ele- lows through ‘‘of 1994)’’ and inserting ‘‘this under subsection (b) of section 8003, there are mentary, secondary, vocational, adult, and title’s predecessor authorities’’; and authorized to be appropriated $875,000,000 for higher education; (2) by inserting before the period ‘‘, if a re- fiscal year 2001 and such sums as may be nec- ‘‘(4) the dropout rate for Indian students is quest for such hearing is submitted to the essary for each of the 4 succeeding fiscal unacceptably high: 9 percent of Indian stu- Secretary by the affected local educational years.’’; dents who were eighth graders in 1988 had al- agency or State educational agency not later (3) in subsection (c), by striking ready dropped out of school by 1990; than 60 days after receiving notice that such ‘‘$45,000,000 for fiscal year 1995’’ and inserting ‘‘(5) during the period from 1980 to 1990, the action has occurred’’. ‘‘$60,000,000 for fiscal year 2001’’; percentage of Indian individuals living at or SEC. 810. FORGIVENESS OF OVERPAYMENTS. (4) by striking subsection (d); below the poverty level increased from 24 The matter preceding paragraph (1) of sec- (5) by redesignating subsections (e), (f) and percent to 31 percent, and the readiness of tion 8012 (20 U.S.C. 7712) is amended by strik- (g) as subsections (d), (e) and (f), respec- Indian children to learn is hampered by the ing ‘‘under the Act’’ and all that follows tively; high incidence of poverty, unemployment, through ‘‘of 1994)’’ and inserting ‘‘under this (6) in subsection (d) (as so redesignated)— and health problems among Indian children title’s predecessor authorities’’. (A) in the subsection heading by inserting and their families; and SEC. 811. APPLICABILITY. ‘‘AND FACILITY MODERNIZATION’’ after ‘‘CON- ‘‘(6) research related specifically to the Title VIII is amended by inserting after STRUCTION’’; education of Indian children and adults is section 8012 (20 U.S.C. 7712) the following: (B) by striking ‘‘section 8007’’ and inserting very limited, and much of the research is of poor quality or is focused on limited local or ‘‘SEC. 8012A. APPLICABILITY TO THIS TITLE. ‘‘sections 8007 and 8007A’’; and ‘‘Part B of title IV, parts D, E, and F of (C) by striking ‘‘$25,000,000 for fiscal year regional issues. title VI, and part A of title X, shall not apply 1995’’ and inserting ‘‘$62,500,000 for fiscal year ‘‘SEC. 9102. PURPOSE. to this title.’’. 2001’’; ‘‘(a) PURPOSE.—The purpose of this part is to support the efforts of local educational SEC. 812. DEFINITIONS. (7) in subsection (e) (as so redesignated), by agencies, Indian tribes and organizations, Section 8013 (20 U.S.C. 7713) is amended— striking $2,000,000 for fiscal year 1995’’ and postsecondary institutions, and other enti- (1) in the first sentence of paragraph (4), by inserting ‘‘$7,000,000 for fiscal year 2001’’; and ties to meet the unique educational and cul- striking ‘‘title VI’’ and inserting ‘‘part A of (8) in subsection (f) (as so redesignated), by striking ‘‘such sums as are necessary begin- turally related academic needs of American title VI’’; Indian and Alaska Native students, so that (2) in paragraph (5)— ning in fiscal year 1998 and for each succeeding fiscal year’’ and inserting ‘‘$500,000 such students can meet the same challenging (A) in subparagraph (A)(iii)— State performance standards as are expected (i) in subclause (I)— for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal for all students. (I) by striking ‘‘low-rent’’ and inserting ‘‘(b) PROGRAMS.—This part carries out the years’’. ‘‘low-income’’; and purpose described in subsection (a) by au- (b) CONFORMING AMENDMENTS.—Title VIII (II) by striking ‘‘or’’ after the semicolon; thorizing programs of direct assistance for— (20 U.S.C. 7701 et seq.) is amended— and ‘‘(1) meeting the unique educational and (1) in section 8002(j)(1) (20 U.S.C. 7702(j)(1)), (ii) by adding at the end the following: culturally related academic needs of Amer- ‘‘(III) used for affordable housing assisted by striking ‘‘8014(g)’’ and inserting ‘‘8014(f)’’; ican Indians and Alaska Natives; under the Native American Housing Assist- and ‘‘(2) the education of Indian children and ance and Self-Determination Act of 1996; or’’; (2) in section 8008(a) (20 U.S.C. 7708(a)), by adults; and striking ‘‘8014(f)’’ and inserting ‘‘8014(e)’’. ‘‘(3) the training of Indian persons as edu- (B) in subparagraph (F)(i), by striking ‘‘the SEC. 814. TECHNICAL AND CONFORMING AMEND- cators and counselors, and in other profes- mutual’’ and all that follows through ‘‘1937’’ MENT. sions serving Indian people; and and inserting ‘‘or authorized by the Native Section 426 of the General Education Pro- ‘‘(4) research, evaluation, data collection, American Housing Assistance and Self-De- visions Act (20 U.S.C. 1228) is amended by and technical assistance. striking ‘‘subsections (d) and (g) of section termination Act of 1996’’; ‘‘Subpart 1—Formula Grants to Local 8003’’ and inserting ‘‘section 8003(d)’’. (3) in paragraph (8)(B), by striking ‘‘all Educational Agencies States’’ and inserting ‘‘the 50 States and the TITLE IX—INDIAN, NATIVE HAWAIIAN, ‘‘SEC. 9111. PURPOSE. District of Columbia’’; AND ALASKA NATIVE EDUCATION ‘‘The purpose of this subpart is to support (4) in paragraph (9)(B)(i), by striking ‘‘or SEC. 901. PROGRAMS. local educational agencies in their efforts to the Act’’ and all that follows through ‘‘of Title IX (20 U.S.C. 7801 et seq.) is amended reform elementary school and secondary 1994)’’ and inserting ‘‘(or under this title’s to read as follows: school programs that serve Indian students predecessor authorities)’’; ‘‘TITLE IX—INDIAN, NATIVE HAWAIIAN, in order to ensure that such programs— (5) by redesignating paragraphs (11) and AND ALASKA NATIVE EDUCATION ‘‘(1) are based on challenging State content (12) as paragraphs (12) and (13), respectively; ‘‘PART A—INDIAN EDUCATION standards and State student performance (6) by inserting after paragraph (10) the fol- standards that are used for all students; and lowing: ‘‘SEC. 9101. FINDINGS. ‘‘(2) are designed to assist Indian students ‘‘(11) MODERNIZATION.—The term ‘mod- ‘‘Congress finds that— to meet those standards and assist the Na- ernization’ means repair, renovation, alter- ‘‘(1) the Federal Government has a special tion in reaching the National Education ation, or construction, including— responsibility to ensure that educational Goals. ‘‘(A) the concurrent installation of equip- programs for all American Indian and Alaska ‘‘SEC. 9112. GRANTS TO LOCAL EDUCATIONAL ment; and Native children and adults— AGENCIES. ‘‘(B) the complete or partial replacement ‘‘(A) are based on high-quality, inter- ‘‘(a) IN GENERAL.—The Secretary may of an existing school facility, but only if nationally competitive content standards make grants to local educational agencies such replacement is less expensive and more and student performance standards, and and Indian tribes in accordance with this cost-effective than repair, renovation, or al- build on Indian culture and the Indian com- section. teration of the school facility.’’; and munity; ‘‘(b) LOCAL EDUCATIONAL AGENCIES.— (7) by amending paragraph (13) (as so redes- ‘‘(B) assist local educational agencies, In- ‘‘(1) ENROLLMENT REQUIREMENTS.—A local ignated) to read as follows: dian tribes, and other entities and individ- educational agency shall be eligible for a ‘‘(13) SCHOOL FACILITY.—The term ‘school uals in providing Indian students the oppor- grant under this subpart for any fiscal year facility’ includes— tunity to achieve the standards described in if the number of Indian children who are eli- ‘‘(A) a classroom, laboratory, library, subparagraph (A); and gible under section 9117, and who were en- media center, or related facility, the pri- ‘‘(C) meet the unique educational and cul- rolled in the schools of the agency, and to mary purpose of which is the instruction of turally related academic needs of American whom the agency provided free public edu- public elementary school or secondary Indian and Alaska Native students; cation, during the preceding fiscal year— school students; and ‘‘(2) since the date of enactment of the In- ‘‘(A) was at least 10; or ‘‘(B) equipment, machinery, and utilities dian Education Act in 1972, the level of in- ‘‘(B) constituted not less than 25 percent of necessary or appropriate for school pur- volvement of Indian parents in the planning, the total number of individuals enrolled in poses.’’. development, and implementation of edu- the schools of such agency. SEC. 813. AUTHORIZATION OF APPROPRIATIONS. cational programs that affect such parents ‘‘(2) EXCLUSION.—The requirement of para- (a) IN GENERAL.—Section 8014 (20 U.S.C. and their children has increased signifi- graph (1) shall not apply in Alaska, Cali- 7714) is amended— cantly, and schools should continue to foster fornia, or Oklahoma, or with respect to any (1) in subsection (a), by striking such involvement; local educational agency located on, or in ‘‘$16,750,000 for fiscal year 1995’’ and inserting ‘‘(3) although the number of Indian teach- proximity to, a reservation. ‘‘$35,000,000 for fiscal year 2001’’; ers, administrators, and university profes- ‘‘(c) INDIAN TRIBES.— (2) by amending subsection (b) to read as sors has increased since 1972, teacher train- ‘‘(1) IN GENERAL.—If a local educational follows: ing programs are not recruiting, training, or agency that is otherwise eligible for a grant ‘‘(b) BASIC PAYMENTS; PAYMENTS FOR HEAV- retraining a sufficient number of Indian indi- under this subpart does not establish a par- ILY IMPACTED LOCAL EDUCATIONAL AGEN- viduals as educators to meet the needs of a ent committee under section 9114(c)(4), an

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Indian tribe that represents not less than 1⁄2 subpart in an amount that is not less than ‘‘(ii) the community served by the local of the eligible Indian children who are served $3,000. educational agency; and by such local educational agency may apply ‘‘(2) CONSORTIA.—Local educational agen- ‘‘(C) is responding to findings of any pre- for such grant by submitting an application cies may form a consortium for the purpose vious assessments that are similar to the as- in accordance with section 9114. of obtaining grants under this subpart. sessments described in subparagraph (A). ‘‘(2) SPECIAL RULE.—The Secretary shall ‘‘(3) INCREASE.—The Secretary may in- ‘‘(c) ASSURANCES.—Each application sub- treat each Indian tribe applying for a grant crease the minimum grant under paragraph mitted under subsection (a) shall include as- pursuant to paragraph (1) as if such Indian (1) to not more than $4,000 for all grant re- surances that— tribe were a local educational agency for cipients if the Secretary determines such in- ‘‘(1) the local educational agency will use purposes of this subpart, except that any crease is necessary to ensure quality pro- funds received under this subpart only to such tribe shall not be subject to section grams. supplement the funds that, in the absence of 9114(c)(4) (relating to a parent committee), ‘‘(e) DEFINITION.—In this section, the term the Federal funds made available under this section 9118(c) (relating to maintenance of ‘average per-pupil expenditure’, for a State, subpart, such agency would make available effort), or section 9119 (relating to State re- means an amount equal to— for the education of Indian children, and not view of applications). ‘‘(1) the sum of the aggregate current ex- to supplant such funds; ‘‘(2) the local educational agency will pre- ‘‘SEC. 9113. AMOUNT OF GRANTS. penditures of all the local educational agen- pare and submit to the Secretary such re- ‘‘(a) AMOUNT OF GRANT AWARDS.— cies in the State, plus any direct current expenditures by the State for the operation of ports, in such form and containing such in- ‘‘(1) IN GENERAL.—Except as provided in formation, as the Secretary may require to— subsections (c) and (d), for purposes of mak- such agencies, without regard to the sources of funds from which such local or State ex- ‘‘(A) carry out the functions of the Sec- ing grants under this subpart the Secretary retary under this subpart; and shall allocate to each local educational agen- penditures were made, during the second fiscal year preceding the fiscal year for which ‘‘(B) determine the extent to which activi- cy that has an approved application under ties carried out with funds provided to the this subpart an amount equal to the product the computation is made; divided by ‘‘(2) the aggregate number of children who local educational agency under this subpart of— are effective in improving the educational ‘‘(A) the number of Indian children who are were included in average daily attendance and for whom such agencies provided free achievement of Indian students served by eligible under section 9117 and served by such such agency; public education during such preceding fiscal agency; and ‘‘(3) the program for which assistance is year. ‘‘(B) the greater of— sought— ‘‘(i) the average per-pupil expenditure of ‘‘SEC. 9114. APPLICATIONS. ‘‘(A) is based on a comprehensive local as- the State in which such agency is located; or ‘‘(a) APPLICATION REQUIRED.—Each local sessment and prioritization of the unique ‘‘(ii) 80 percent of the average per-pupil ex- educational agency that desires to receive a educational and culturally related academic penditure of all the States. grant under this subpart shall submit an ap- needs of the American Indian and Alaska Na- ‘‘(2) REDUCTION.—The Secretary shall replication to the Secretary at such time, in tive students for whom the local educational duce the amount of each allocation deter- such manner, and containing such informa- agency is providing an education; mined under paragraph (1) or subsection (b) tion as the Secretary may reasonably re- ‘‘(B) will use the best available talents and in accordance with subsection (c). quire. resources, including individuals from the In- ‘‘(b) SCHOOLS OPERATED OR SUPPORTED BY ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.— dian community; and THE BUREAU OF INDIAN AFFAIRS.— Each application submitted under subsection ‘‘(C) was developed by such agency in open ‘‘(1) IN GENERAL.—In addition to the grants (a) shall include a description of a com- consultation with parents of Indian children awarded under subsection (a), and subject to prehensive program for meeting the needs of and teachers, and, if appropriate, Indian stu- paragraph (2), for purposes of making grants Indian children served by the local edu- dents from secondary schools, including under this subpart the Secretary shall allo- cational agency, including the language and through public hearings held by such agency cate to the Secretary of the Interior an cultural needs of the children, that— to provide to the individuals described in amount equal to the product of— ‘‘(1) describes how the comprehensive pro- this subparagraph a full opportunity to un- ‘‘(A) the total number of Indian children gram will offer programs and activities to derstand the program and to offer rec- enrolled in schools that are operated by— meet the culturally related academic needs ommendations regarding the program; and ‘‘(i) the Bureau of Indian Affairs; or of American Indian and Alaska Native stu- ‘‘(4) the local educational agency developed ‘‘(ii) an Indian tribe, or an organization dents; the program with the participation and writ- controlled or sanctioned by an Indian tribal ‘‘(2)(A) is consistent with the State and ten approval of a committee— government, for the children of such tribe local plans submitted under other provisions ‘‘(A) that is composed of, and selected by— under a contract with, or grant from, the De- of this Act; and ‘‘(i) parents of Indian children in the local partment of the Interior under the Indian ‘‘(B) includes academic content and stu- educational agency’s schools and teachers in Self-Determination Act or the Tribally Con- dent performance goals for such children, the schools; and trolled Schools Act of 1988; and and benchmarks for attaining such goals, ‘‘(ii) if appropriate, Indian students attend- ‘‘(B) the greater of— that are based on the challenging State ing secondary schools of the agency; ‘‘(i) the average per-pupil expenditure of standards adopted under title I for all chil- ‘‘(B) a majority of whose members are par- the State in which the school is located; or dren; ents of Indian children; ‘‘(ii) 80 percent of the average per-pupil ex- ‘‘(3) explains how Federal, State, and local ‘‘(C) that has set forth such policies and penditure of all the States. programs, especially programs carried out procedures, including policies and procedures ‘‘(2) SPECIAL RULE.—Any school described under title I, will meet the needs of such stu- relating to the hiring of personnel, as will in paragraph (1) may apply for an allocation dents; ensure that the program for which assistance under this subpart by submitting an applica- ‘‘(4) demonstrates how funds made avail- is sought will be operated and evaluated in tion in accordance with section 9114. The able under this subpart will be used for ac- consultation with, and with the involvement Secretary shall treat the school as if the tivities described in section 9115; of, parents of the children, and representa- school were a local educational agency for ‘‘(5) describes the professional development tives of the area, to be served; purposes of this subpart, except that any opportunities that will be provided, as need- ‘‘(D) with respect to an application describ- such school shall not be subject to section ed, to ensure that— ing a schoolwide program carried out in ac- 9114(c)(4), 9118(c), or 9119. ‘‘(A) teachers and other school profes- cordance with section 9115(c), that has— ‘‘(c) RATABLE REDUCTIONS.—If the sums ap- sionals who are new to the Indian commu- ‘‘(i) reviewed in a timely fashion the pro- propriated for any fiscal year under section nity are prepared to work with Indian chil- gram; and 9162(a) are insufficient to pay in full the dren; and ‘‘(ii) determined that the program will en- amounts determined for local educational ‘‘(B) all teachers who will be involved in hance the availability of culturally related agencies under subsection (a) and for the programs assisted under this subpart have activities for American Indian and Alaska Secretary of the Interior under subsection been properly trained to carry out such pro- Native students; and (b), each of those amounts shall be ratably grams; and ‘‘(E) that has adopted reasonable bylaws reduced. ‘‘(6) describes how the local educational for the conduct of the activities of the com- ‘‘(d) MINIMUM GRANT.— agency— mittee and abides by such bylaws. ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(A) will periodically assess the progress of ‘‘SEC. 9115. AUTHORIZED SERVICES AND ACTIVI- section (c), a local educational agency (in- all Indian children enrolled in the schools of TIES. cluding an Indian tribe as authorized under the local educational agency, including In- ‘‘(a) GENERAL REQUIREMENTS.—Each local section 9112(b)) that is eligible for a grant dian children who do not participate in pro- educational agency that receives a grant under section 9112, and a school that is oper- grams assisted under this subpart, in meet- under this subpart shall use the grant funds, ated or supported by the Bureau of Indian ing the goals described in paragraph (2); in a manner consistent with the purpose Affairs that is eligible for a grant under sub- ‘‘(B) will provide the results of each assess- specified in section 9111, for services and ac- section (b), that submits an application that ment referred to in subparagraph (A) to— tivities that— is approved by the Secretary, shall, subject ‘‘(i) the committee of parents described in ‘‘(1) are designed to carry out the com- to appropriations, receive a grant under this subsection (c)(4); and prehensive program of the local educational

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agency for Indian students, and described in cant and the agencies, or portions of the pro- ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF the application of the local educational grams, serving Indian students in a manner EDUCATION.—Not later than 180 days after agency submitted to the Secretary under that integrates the program services in- the date of enactment of the Educational Ex- section 9114; volved into a single, coordinated, com- cellence for All Children Act of 2000, the Sec- ‘‘(2) are designed with special regard for prehensive program and reduces administra- retary of Education, the Secretary of the In- the language and cultural needs of the In- tive costs by consolidating administrative terior, and the head of any other Federal dian students; and functions. agency identified by the Secretary of Edu- ‘‘(3) supplement and enrich the regular ‘‘(c) PROGRAMS AFFECTED.—The funds that cation, shall enter into an interagency school program of such agency. may be consolidated in a demonstration memorandum of agreement providing for the ‘‘(b) PARTICULAR SERVICES AND ACTIVI- project under any such plan referred to in implementation of the demonstration TIES.—The services and activities referred to subsection (b) shall include funds for any projects authorized under this section. The in subsection (a) may include— Federal program exclusively serving Indian lead agency for a demonstration project au- ‘‘(1) culturally related activities that sup- children, or the funds reserved exclusively to thorized under this section shall be— port the program described in the applica- serve Indian children under any program, for ‘‘(1) the Department of the Interior, in the tion submitted by the local educational which the applicant is eligible for receipt of case of an applicant that is a contract or agency; funds under a statutory or administrative grant school, as defined in section 1146 of the ‘‘(2) early childhood and family programs formula for the purposes of providing edu- Education Amendments of 1978; or that emphasize school readiness; cation and related services for Indian stu- ‘‘(2) the Department of Education, in the ‘‘(3) enrichment programs that focus on dents. case of any other applicant. problem-solving and cognitive skills develop- ‘‘(d) PLAN REQUIREMENTS.—For a plan to be ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.— ment and directly support the attainment of acceptable pursuant to subsection (b), the The responsibilities of the lead agency for a challenging State content standards and plan shall— demonstration project shall include— State student performance standards; ‘‘(1) identify the programs or funding ‘‘(1) the use of a single report format re- ‘‘(4) integrated educational services in sources to be consolidated; lated to the plan for the individual project, which shall be used by an eligible entity to combination with other programs that meet ‘‘(2) be consistent with the objectives of report on the activities undertaken under the needs of Indian children and their fami- this section authorizing the program serv- the project; lies; ices to be integrated in a demonstration ‘‘(2) the use of a single report format re- ‘‘(5) career preparation activities to enable project; lated to the projected expenditures for the Indian students to participate in programs ‘‘(3) describe a comprehensive strategy individual project, which shall be used by an such as the programs supported by Public that identifies the full range of potential eligible entity to report on all project ex- Law 103–239 and Public Law 88–210, including educational opportunities and related serv- penditures; programs for tech-prep, mentoring, and ap- ices to be provided to assist Indian students ‘‘(3) the development of a single system of prenticeship activities; to achieve the objectives set forth in this subpart; Federal oversight for the project, which shall ‘‘(6) activities to educate individuals con- be implemented by the lead agency; and cerning substance abuse and to prevent sub- ‘‘(4) describe the way in which the services are to be integrated and delivered and the re- ‘‘(4) the provision of technical assistance stance abuse; to an eligible entity appropriate to the ‘‘(7) the acquisition of equipment, but only sults expected from the plan; ‘‘(5) identify the projected expenditures project, except that an eligible entity shall if the acquisition of the equipment is essen- have the authority to accept or reject the tial to meet the purpose described in section under the plan in a single budget; ‘‘(6) identify the State, tribal, or local plan for providing such technical assistance 9111; and the technical assistance provider. ‘‘(8) activities that promote the incorpora- agencies to be involved in the delivery of the services integrated under the plan; ‘‘(i) REPORT REQUIREMENTS.— tion of culturally responsive teaching and ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(7) identify any statutory provisions, reg- learning strategies into the educational pro- velop, consistent with the requirements of ulations, policies, or procedures that the ap- gram of the local educational agency; this section, a single report format for the plicant believes need to be waived in order to ‘‘(9) activities that incorporate American reports described in subsection (h). implement the plan; Indian and Alaska Native specific cur- ‘‘(2) REPORT INFORMATION.—Such report ‘‘(8) set forth measures of student achieve- riculum content, consistent with State format shall require that the reports shall— ment and performance goals designed to be standards, into the curriculum used by the ‘‘(A) contain such information as will met within a specified period of time for ac- local educational agency; allow a determination that the eligible enti- tivities provided under the plan; and ‘‘(10) activities to promote coordination ty has complied with the requirements incor- ‘‘(9) be approved by a parent committee and collaboration between tribal, Federal, porated in the entity’s approved plan, includ- and State public schools in areas that will formed in accordance with section 9114(c)(4), ing the demonstration of student achieve- improve American Indian and Alaska Native if such a committee exists, in consultation ment; and student achievement; and with the Committee on Resources of the ‘‘(B) provide assurances to the Secretary of ‘‘(11) family literacy services. House of Representatives and the Committee Education and the Secretary of the Interior ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwith- on Indian Affairs of the Senate. that the eligible entity has complied with all ‘‘(e) PLAN REVIEW.—Upon receipt of the standing any other provision of law, a local directly applicable statutory requirements plan from an eligible entity, the Secretary educational agency may use funds made and with those directly applicable regulatory shall consult with the head of each Federal available to such agency under this subpart requirements that have not been waived. agency providing funds to be used to imple- to support a schoolwide program under sec- ‘‘(3) RECORD INFORMATION.—The Secretary ment the plan, and with the entity submit- tion 1114 if— shall require that records maintained at the ting the plan. The parties so consulting shall ‘‘(1) the committee composed of parents es- local level on the programs consolidated for identify any waivers of statutory require- tablished pursuant to section 9114(c)(4) ap- the project shall contain the information ments or of Federal regulations, policies, or proves the use of the funds for the and provide the assurances described in para- procedures necessary to enable the applicant schoolwide program; and graph (2). to implement the plan. Notwithstanding any ‘‘(2) the schoolwide program is consistent ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case with the purpose described in section 9111. other provision of law, the Secretary of the shall the amount of Federal funds available ‘‘(d) ADMINISTRATIVE COSTS.—Not more affected agency shall have the authority to to an eligible entity involved in any dem- than 5 percent of the funds made available to waive, for the applicant, any regulation, pol- onstration project be reduced as a result of a local educational agency through a grant icy, or procedure promulgated by that agen- the enactment of this section. made under this subpart for a fiscal year cy that has been so identified by the appli- ‘‘(k) INTERAGENCY FUND TRANSFERS AU- may be used to pay for administrative costs. cant or agency, unless the head of the af- THORIZED.—The Secretary is authorized to ‘‘SEC. 9116. INTEGRATION OF SERVICES AUTHOR- fected agency determines that such a waiver take such action as may be necessary to pro- IZED. is inconsistent with the objectives of this vide for an interagency transfer of funds oth- ‘‘(a) PLAN.—An entity receiving funds subpart or the provisions of the statute from erwise available to an eligible entity in order under this subpart may submit a plan to the which the program involved derives author- to further the objectives of this section. Secretary for a demonstration project for ity that are specifically applicable to Indian ‘‘(l) ADMINISTRATION OF FUNDS.— the integration of education and related students. ‘‘(1) IN GENERAL.—An eligible entity shall services provided to Indian students. ‘‘(f) PLAN APPROVAL.—Within 90 days after administer the program funds for the con- ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an applicant’s plan by the Sec- solidated programs in such a manner as to the receipt of an acceptable plan under sub- retary under subsection (a), the Secretary allow for a determination that funds from a section (a), the Secretary, in cooperation shall inform the applicant, in writing, of the specific program are spent on allowable ac- with each Federal agency providing grants Secretary’s approval or disapproval of the tivities authorized under such program, ex- for the provision of education and related plan. If the plan is disapproved, the applicant cept that the eligible entity shall determine services to the applicant, shall authorize the shall be informed, in writing, of the reasons the proportion of the funds that shall be al- applicant to consolidate, in accordance with for the disapproval and shall be given an op- located to such program. such plan, the federally funded education portunity to amend the plan or to petition ‘‘(2) SEPARATE RECORDS NOT REQUIRED.— and related services programs of the appli- the Secretary to reconsider such disapproval. Nothing in this section shall be construed as

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.018 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3411 requiring the eligible entity to maintain sep- ‘‘(III) the name and address of the organi- such a local educational agency and the geo- arate records tracing any services or activi- zation that maintains updated and accurate graphic location of such agency. ties conducted under the approved plan to membership data for such tribe or band of ‘‘(B) EXCEPTION.—A local educational agen- the individual programs under which funds Indians; or cy may not be held liable to the United were authorized for the services or activities, ‘‘(ii) if the child is not a member of tribe or States or be subject to any penalty by reason nor shall the eligible entity be required to band of Indians (as so defined), the name, the of the findings of an audit that relates to the allocate expenditures among such individual enrollment number (if readily available), and date of completion, or the date of submis- programs. the name and address of the organization re- sion, of any forms used to establish, before ‘‘(m) OVERAGE.—The eligible entity may sponsible for maintaining updated and accu- April 28, 1988, the eligibility of a child for en- commingle all administrative funds from the rate membership rolls, of any parent or titlement under the Indian Elementary and consolidated programs and shall be entitled grandparent of the child from whom the Secondary School Assistance Act. to the full amount of such funds (under each child claims eligibility under this subpart; ‘‘(2) FALSE INFORMATION.—Any local edu- program’s or agency’s regulations). The ‘‘(B) a statement of whether the tribe or cational agency that provides false informa- overage (defined as the difference between band of Indians (as so defined) with respect tion in an application for a grant under this the amount of the commingled funds and the to which the child, or parent or grandparent subpart shall— actual administrative cost of the programs) of the child, claims membership is federally ‘‘(A) be ineligible to apply for any other shall be considered to be properly spent for recognized; grant under this subpart; and Federal audit purposes, if the overage is used ‘‘(C) the name and address of the parent or ‘‘(B) be liable to the United States for any for the purposes provided for under this sec- legal guardian of the child; funds from the grant that have not been ex- tion. ‘‘(D) a signature of the parent or legal pended. ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in guardian of the child that verifies the accu- ‘‘(3) EXCLUDED CHILDREN.—A student who this part shall be construed so as to interfere racy of the information supplied; and provides false information for the form re- with the ability of the Secretary or the lead ‘‘(E) any other information that the Sec- quired under subsection (a) shall not be agency to fulfill responsibilities for safe- retary considers necessary to provide an ac- counted for the purpose of computing the guarding Federal funds pursuant to chapter curate program profile. amount of a grant award under section 9113. 75 of title 31, United States Code. ‘‘(2) MINIMUM INFORMATION.—In order for a ‘‘(g) TRIBAL GRANT AND CONTRACT ‘‘(o) REPORT ON STATUTORY OBSTACLES TO child to be eligible to be counted for the pur- SCHOOLS.—Notwithstanding any other provi- PROGRAM INTEGRATION.— pose of computing the amount of a grant sion of this section, the Secretary, in com- ‘‘(1) PRELIMINARY REPORT.—Not later than award made under section 9113, an eligibility puting the amount of a grant award under 2 years after the date of enactment of the form prepared pursuant to this section for a section 9113 to a tribal school that receives a Educational Excellence for All Children Act child shall include— grant or contract from the Bureau of Indian of 2000, the Secretary of Education shall sub- ‘‘(A) the name of the child; Affairs, shall use only 1 of the following, as mit a preliminary report to the Committee ‘‘(B) the name of the tribe or band of Indi- selected by the school: on Education and the Workforce and the ans (as so defined) with respect to which the ‘‘(1) A count, certified by the Bureau, of Committee on Resources of the House of child claims membership; and the number of students in the school. Representatives and the Committee on ‘‘(C) the dated signature of the parent or ‘‘(2) A count of the number of students for Health, Education, Labor, and Pensions and guardian of the child. whom the school has eligibility forms that the Committee on Indian Affairs of the Sen- ‘‘(3) FAILURE.—The failure of an applicant comply with this section. ate on the status of the implementation of to furnish any information described in this ‘‘(h) TIMING OF CHILD COUNTS.—For pur- the demonstration projects authorized under subsection other than the information de- poses of determining the number of children this section. scribed in paragraph (2) with respect to any to be counted in computing the amount of a ‘‘(2) FINAL REPORT.—Not later than 5 years child shall have no bearing on the deter- local educational agency’s grant award after the date of enactment of the Edu- mination of whether the child is an eligible under section 9113 (other than in the case de- cational Excellence for All Children Act of Indian child for the purposes of computing scribed in subsection (g)(1)), the local edu- 2000, the Secretary of Education shall submit the amount of a grant award made under sec- cational agency shall— a report to the Committee on Education and tion 9113. ‘‘(1) establish a date on, or a period not the Workforce and the Committee on Re- longer than 31 consecutive days during sources of the House of Representatives and ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in which, the agency counts those children, if the Committee on Health, Education, Labor, this section shall be construed to affect a that date or period occurs before the dead- and Pensions and the Committee on Indian definition contained in section 9161. line established by the Secretary for submit- Affairs of the Senate on the results of the ‘‘(d) FORMS AND STANDARDS OF PROOF.— ting an application under section 9114; and implementation of the demonstration The forms and the standards of proof (includ- ‘‘(2) determine that each such child was en- projects authorized under this section. Such ing the standard of good faith compliance) rolled, and receiving a free public education, report shall identify statutory barriers to that were in use during the 1985–86 academic in a school of the agency on that date or dur- the ability of participants to integrate more year to establish the eligibility of a child for ing that period, as the case may be. effectively their education and related serv- entitlement under the Indian Elementary ices to Indian students in a manner con- and Secondary School Assistance Act shall ‘‘SEC. 9118. PAYMENTS. sistent with the objectives of this section. be the forms and standards of proof used— ‘‘(a) IN GENERAL.—Subject to subsections ‘‘(p) DEFINITION.—In this section, the term ‘‘(1) to establish eligibility under this sub- (b) and (c), the Secretary shall pay to each ‘Secretary’ means— part; and local educational agency that submits an ap- ‘‘(1) the Secretary of the Interior, in the ‘‘(2) to meet the requirements of sub- plication that is approved by the Secretary case of an applicant that is a contract or section (a). under this subpart the amount computed grant school, as defined in section 1146 of the ‘‘(e) DOCUMENTATION.—For purposes of de- under section 9113. The Secretary shall no- Education Amendments of 1978; or termining whether a child is eligible to be tify the local educational agency of the ‘‘(2) the Secretary of Education, in the case counted for the purpose of computing the amount of the payment not later than June of any other applicant. amount of a grant award under section 9113, 1 of the year for which the Secretary makes ‘‘SEC. 9117. STUDENT ELIGIBILITY FORMS. the membership of the child, or any parent the payment. ‘‘(a) IN GENERAL.—The Secretary shall re- or grandparent of the child, in a tribe or ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY quire that, as part of an application for a band of Indians (as so defined) may be estab- THE STATE.—The Secretary may not make a grant under this subpart, each applicant lished by proof other than an enrollment grant under this subpart to a local edu- shall maintain a file, with respect to each In- number, notwithstanding the availability of cational agency for a fiscal year if, for such dian child for whom the local educational an enrollment number for a member of such fiscal year, the State in which the local edu- agency provides a free public education, that tribe or band. Nothing in subsection (b) shall cational agency is located takes into consid- contains a form that sets forth information be construed to require the furnishing of an eration payments made under this subpart in establishing the status of the child as an In- enrollment number. determining the eligibility of the local edu- dian child eligible for assistance under this ‘‘(f) MONITORING AND EVALUATION RE- cational agency for State aid, or the amount subpart, and that otherwise meets the re- VIEW.— of the State aid, with respect to the free pub- quirements of subsection (b). ‘‘(1) IN GENERAL.— lic education of children during such fiscal ‘‘(b) FORMS.— ‘‘(A) REVIEW.—For each fiscal year, in year or the preceding fiscal year. ‘‘(1) IN GENERAL.—The form described in order to provide such information as is nec- ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE subsection (a) shall include— essary to carry out the responsibility of the TO MAINTAIN FISCAL EFFORT.— ‘‘(A) either— Secretary to provide technical assistance ‘‘(1) IN GENERAL.—The Secretary may not ‘‘(i)(I) the name of the tribe or band of In- under this subpart, the Secretary shall con- pay a local educational agency in a State the dians (as defined in section 9161(3)) with re- duct a monitoring and evaluation review of a full amount of a grant award computed spect to which the child claims membership; sampling of the local educational agencies under section 9113 for any fiscal year unless ‘‘(II) the enrollment number establishing that are recipients of grants under this sub- the State educational agency notifies the the membership of the child (if readily avail- part. The sampling conducted under this Secretary, and the Secretary determines, able); and paragraph shall take into account the size of that with respect to the provision of free

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.018 pfrm09 PsN: S03PT1 S3412 CONGRESSIONAL RECORD — SENATE May 3, 2000 public education by the local educational ‘‘(A) other programs funded under this Act; scribed in subsection (c) over a period of agency for the preceding fiscal year, that the and more than 1 year. combined fiscal effort of the local edu- ‘‘(B) other Federal programs operated for ‘‘(C) PROGRESS.—The Secretary shall make cational agency and the State, computed on the benefit of American Indian and Alaska a payment for a grant described in this para- either a per student or aggregate expendi- Native children. graph to an eligible entity after the initial ture basis was not less than 90 percent of the ‘‘(b) ELIGIBLE ENTITIES.—In this section, year of the multiyear grant period only if amount of the combined fiscal effort, com- the term ‘eligible entity’ means a State edu- the Secretary determines that the eligible puted on the same basis, for the second pre- cational agency, local educational agency, entity has made substantial progress in car- ceding fiscal year. Indian tribe, Indian organization, federally rying out the activities assisted under the ‘‘(2) FAILURE.—If, for any fiscal year, the supported elementary school or secondary grant in accordance with the application Secretary determines that a local edu- school for Indian students, Indian institution submitted under paragraph (3) and any sub- cational agency and State failed to maintain (including an Indian institution of higher sequent modifications to such application. the combined fiscal effort at the level speci- education) or a consortium of such entities. ‘‘(2) DISSEMINATION GRANTS.— ‘‘(c) GRANTS AUTHORIZED.— fied in paragraph (1), the Secretary shall— ‘‘(A) IN GENERAL.—In addition to awarding ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(A) reduce the amount of the grant that the multiyear grants described in paragraph award grants to eligible entities to enable would otherwise be made to such agency (1), the Secretary may award grants under such entities to carry out activities that under this subpart in the exact proportion of subsection (c) to eligible entities for the dis- meet the purpose specified in subsection the failure to maintain the fiscal effort at semination of exemplary materials or pro- (a)(1), including— such level; and grams assisted under this section. ‘‘(A) innovative programs related to the ‘‘(B) not use the reduced amount of the ‘‘(B) DETERMINATION.—The Secretary may educational needs of educationally disadvan- combined fiscal effort for the year to deter- award a dissemination grant described in taged children; mine compliance with paragraph (1) for any this paragraph if, prior to awarding the ‘‘(B) educational services that are not succeeding fiscal year, but shall use the grant, the Secretary determines that the available to such children in sufficient quan- amount of expenditures that would have material or program to be disseminated— tity or quality, including remedial instruc- been required to comply with paragraph (1) ‘‘(i) has been adequately reviewed; during the fiscal year for which the deter- tion, to raise the achievement of Indian children in 1 or more of the core academic sub- ‘‘(ii) has demonstrated educational merit; mination is made. and ‘‘(3) WAIVER.— jects of English, mathematics, science, foreign languages, art, history, and geography; ‘‘(iii) can be replicated. ‘‘(A) IN GENERAL.—The Secretary may ‘‘(3) APPLICATION.— waive the requirement of paragraph (1) for a ‘‘(C) bilingual and bicultural programs and projects; ‘‘(A) IN GENERAL.—Any eligible entity that local educational agency, for not more than desires to receive a grant under this section 1 year at a time, if the Secretary determines ‘‘(D) special health and nutrition services, and other related activities, that address the shall submit an application to the Secretary that the failure to comply with such require- at such time and in such manner as the Sec- ment is due to exceptional or uncontrollable special health, social, and psychological problems of Indian children; retary may require. circumstances, such as a natural disaster or ‘‘(B) CONTENTS.—Each application sub- a precipitous and unforeseen decline in the ‘‘(E) special compensatory and other programs and projects designed to assist and en- mitted to the Secretary under subparagraph agency’s financial resources. (A), other than an application for a dissemi- ‘‘(B) FUTURE DETERMINATIONS.—The Sec- courage Indian children to enter, remain in, or reenter school, and to increase the rate of nation grant under paragraph (2), shall retary shall not use the reduced amount of contain— the combined fiscal effort for the year for secondary school graduation for Indian children; ‘‘(i) a description of how parents of Indian which the waiver is granted to determine children and representatives of Indian tribes compliance with paragraph (1) for any suc- ‘‘(F) comprehensive guidance, counseling, and testing services; have been, and will be, involved in devel- ceeding fiscal year, but shall use the amount oping and implementing the activities for of expenditures that would have been re- ‘‘(G) early childhood and kindergarten programs, including family-based preschool pro- which assistance is sought; quired to comply with paragraph (1) in the ‘‘(ii) assurances that the applicant will absence of the waiver during the fiscal year grams that emphasize school readiness and parental skills, and the provision of services participate, at the request of the Secretary, for which the waiver is granted. in any national evaluation of activities as- ‘‘(d) REALLOCATIONS.—The Secretary may to Indian children with disabilities; ‘‘(H) partnership projects between local sisted under this section; reallocate, in a manner that the Secretary ‘‘(iii) information demonstrating that the determines will best carry out the purpose of educational agencies and institutions of proposed program for the activities is a re- this subpart, any amounts that— higher education that allow secondary search-based program, which may include a ‘‘(1) based on estimates made by local edu- school students to enroll in courses at the program that has been modified to be cul- cational agencies or other information, the postsecondary level to aid such students in turally appropriate for students who will be Secretary determines will not be needed by the transition from secondary school to post- served; such agencies to carry out approved pro- secondary education; ‘‘(iv) a description of how the applicant grams under this subpart; or ‘‘(I) partnership projects between schools will incorporate the proposed activities into ‘‘(2) otherwise become available for re- and local businesses for school-to-work tran- the ongoing school program involved once allocation under this subpart. sition programs designed to provide Indian youth with the knowledge and skills the the grant period is over; and ‘‘SEC. 9119. STATE EDUCATIONAL AGENCY RE- ‘‘(v) such other assurances and information VIEW. youth need to make an effective transition as the Secretary may reasonably require. ‘‘Before submitting an application to the from school to a first job in a high-skill, Secretary under section 9114, a local edu- high-wage career; ‘‘(e) ADMINISTRATIVE COSTS.—Not more cational agency shall submit the application ‘‘(J) partnership projects between schools than 5 percent of the funds provided to a to the State educational agency, which may and student groups to improve the achieve- grant recipient under this subpart for any comment on the application. If the State ment of Indian students; fiscal year may be used to pay for adminis- educational agency comments on the appli- ‘‘(K) family literacy services; or trative costs. cation, the agency shall comment on each ‘‘(L) other services that meet the purpose ‘‘SEC. 9122. PROFESSIONAL DEVELOPMENT. such application submitted by a local edu- described in subsection (a)(1). ‘‘(a) PURPOSES.—The purposes of this sec- cational agency in the State and shall pro- ‘‘(2) PRE-SERVICE OR IN-SERVICE TRAINING.— tion are— vide the comment to the appropriate local Pre-service or in-service training of profes- ‘‘(1) to increase the number of qualified In- educational agency, with an opportunity to sional and paraprofessional personnel may dian individuals in teaching or other edu- respond. be a part of any program assisted under this cation professions that serve Indian people; ‘‘Subpart 2—Special Programs and Projects section. ‘‘(2) to provide training to qualified Indian To Improve Educational Opportunities for ‘‘(d) GRANT REQUIREMENTS AND APPLICA- individuals to enable such individuals to be- Indian Children TIONS.— come teachers, administrators, teacher ‘‘SEC. 9121. IMPROVEMENT OF EDUCATIONAL OP- ‘‘(1) GRANT REQUIREMENTS.— aides, social workers, and ancillary edu- PORTUNITIES FOR INDIAN CHIL- ‘‘(A) IN GENERAL.—The Secretary may cational personnel; and DREN. make multiyear grants under subsection (c) ‘‘(3) to improve the skills of qualified In- ‘‘(a) PURPOSE.— for the planning, development, pilot oper- dian individuals who serve in the capacities ‘‘(1) IN GENERAL.—The purpose of this sec- ation, or demonstration of any activity de- described in paragraph (2). tion is to support projects to develop, test, scribed in subsection (c). The Secretary shall ‘‘(b) ELIGIBLE ENTITIES.—In this section, and demonstrate the effectiveness of services make the grants for periods of not more than the term ‘eligible entity’ means a consor- and programs to improve educational oppor- 5 years. tium of— tunities and achievement of Indian children. ‘‘(B) PRIORITY.—In making multiyear ‘‘(1) a State or local educational agency; ‘‘(2) COORDINATION.—The Secretary shall grants described in this paragraph, the Sec- and take such actions as are necessary to achieve retary shall give priority to entities submit- ‘‘(2) an institution of higher education (in- the coordination of activities assisted under ting applications that present a plan for cluding an Indian institution of higher edu- this subpart with— combining 2 or more of the activities de- cation) or an Indian tribe or organization.

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‘‘(c) PROGRAM AUTHORIZED.—The Secretary shall use the grant funds only to provide ‘‘(A) perform work— is authorized to award grants to eligible en- high quality in-service training to teachers, ‘‘(i) related to the training for which the tities with applications approved under sub- including teachers who are not Indians, in individual receives the assistance under this section (e) to enable such entities to carry schools of local educational agencies with section; and out the activities described in subsection (d). substantial numbers of Indian children en- ‘‘(ii) that benefits Indian people; or ‘‘(d) AUTHORIZED ACTIVITIES.— rolled in their schools, in order to better ‘‘(B) repay all or a prorated portion of such ‘‘(1) IN GENERAL.—Grant funds made avail- meet the needs of those children. assistance. able under subsection (c) shall be used for ac- ‘‘(B) COMPONENTS.—The training described ‘‘(2) REPORTING.—The Secretary shall es- tivities to provide support and training for in subparagraph (A) shall include such ac- tablish, by regulation, a reporting procedure Indian individuals in a manner consistent tivities as preparing teachers to use the best under which a recipient of assistance under with the purposes of this section. Such ac- available research-based practices and learn- this section shall, not later than 12 months tivities may include continuing programs, ing strategies, and to make the most effec- after the date of completion of the training, symposia, workshops, conferences, and direct tive use of curricula and materials, to re- and periodically thereafter, provide informa- financial support. spond to the unique needs of Indian children tion concerning the compliance of such re- ‘‘(2) SPECIAL RULES.— in their classrooms. cipient with the work requirement described ‘‘(A) TYPE OF TRAINING.—For education ‘‘(3) PREFERENCE FOR INDIAN APPLICANTS.— in paragraph (1). personnel, the training received pursuant to In applying section 9153 to this subsection, ‘‘(f) ADMINISTRATION OF FELLOWSHIPS.—The a grant awarded under subsection (c) may be the Secretary shall give a preference to any Secretary may administer the fellowships in-service or pre-service training. consortium that includes 1 or more of the en- authorized under this section through a ‘‘(B) PROGRAM.—For individuals who are tities described in that section. grant to, or contract or cooperative agree- being trained to enter any field other than ‘‘SEC. 9123. FELLOWSHIPS FOR INDIAN STU- ment with, an Indian organization with dem- education, the training received pursuant to DENTS. onstrated qualifications to administer all a grant awarded under subsection (c) shall be ‘‘(a) FELLOWSHIPS.— facets of the program assisted under this sec- in a program that results in a graduate de- ‘‘(1) AUTHORITY.—The Secretary is author- tion. gree. ized to award fellowships to Indian students ‘‘SEC. 9124. GIFTED AND TALENTED INDIAN STU- ‘‘(e) APPLICATION.—Each eligible entity de- to enable such students to study in graduate DENTS. siring a grant under subsection (c) shall sub- and professional programs at institutions of ‘‘(a) PROGRAM AUTHORIZED.—The Secretary mit an application to the Secretary at such higher education. is authorized to— ‘‘(1) establish 2 centers for gifted and tal- time, in such manner, and accompanied by ‘‘(2) REQUIREMENTS.—The fellowships de- such information, as the Secretary may rea- scribed in paragraph (1) shall be awarded to ented Indian students at tribally controlled sonably require. Indian students to enable such students to community colleges in accordance with this ‘‘(f) SPECIAL RULE.—In awarding grants pursue a course of study— section; and under subsection (c), the Secretary— ‘‘(A) of not more than 4 academic years; ‘‘(2) support demonstration projects de- ‘‘(1) shall consider the prior performance of and scribed in subsection (c). ‘‘(b) ELIGIBLE ENTITIES.—The Secretary an eligible entity; and ‘‘(B) that leads— shall make grants, or enter into contracts, ‘‘(2) may not limit eligibility to receive a ‘‘(i) toward a postbaccalaureate degree in grant under subsection (c) on the basis of— for the activities described in subsection (a), medicine, clinical psychology, psychology, to or with— ‘‘(A) the number of previous grants the law, education, or a related field; or Secretary has awarded such entity; or ‘‘(1) 2 tribally controlled community col- ‘‘(ii) to an undergraduate or graduate de- leges that— ‘‘(B) the length of any period during which gree in engineering, business administration, such entity received such grants. ‘‘(A) are eligible for funding under the natural resources, or a related field. Tribally Controlled College or University As- ‘‘(g) GRANT PERIOD.—Each grant awarded ‘‘(b) STIPENDS.—The Secretary shall pay to sistance Act of 1978; and under subsection (c) shall be awarded for a Indian students awarded fellowships under program of activities of not more than 5 subsection (a) such stipends (including al- ‘‘(B) are fully accredited; or years. lowances for subsistence of such students ‘‘(2) if the Secretary does not receive appli- ‘‘(h) SERVICE OBLIGATION.— and dependents of such students) as the Sec- cations that the Secretary determines to be ‘‘(1) IN GENERAL.—The Secretary shall re- retary determines to be consistent with pre- approvable from 2 colleges that meet the require, by regulation, that an individual who vailing practices under comparable federally quirements of paragraph (1), the American receives pre-service training pursuant to a supported programs. Indian Higher Education Consortium. grant awarded under subsection (c)— ‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF ‘‘(c) USE OF FUNDS.— ‘‘(A) perform work— TUITION.—The Secretary shall pay to the in- ‘‘(1) IN GENERAL.—Funds made available ‘‘(i) related to the training received under stitution of higher education at which such a through the grants made, or contracts en- this section; and fellowship recipient is pursuing a course of tered into, by the Secretary under sub- ‘‘(ii) that benefits Indian people; or study, in lieu of tuition charged to such re- section (b) shall be used for— ‘‘(B) repay all or a prorated part of the as- cipient, such amounts as the Secretary may ‘‘(A) the establishment of centers described sistance received for the training. determine to be necessary to cover the cost in subsection (a); and ‘‘(2) REPORTING.—The Secretary shall es- of education provided to such recipient. ‘‘(B) carrying out demonstration projects tablish, by regulation, a reporting procedure ‘‘(d) SPECIAL RULES.— designed to— under which a recipient of the pre-service ‘‘(1) IN GENERAL.—If a fellowship awarded ‘‘(i) address the special needs of Indian stu- training shall, not later than 12 months after under subsection (a) is vacated prior to the dents in elementary schools and secondary the date of completion of the training, and end of the period for which the fellowship is schools who are gifted and talented; and periodically thereafter, provide information awarded, the Secretary may award an addi- ‘‘(ii) provide such support services to the concerning the compliance of such recipient tional fellowship for the unexpired portion of families of the students described in clause with the work requirement described in the period of the first fellowship. (i) as are needed to enable such students to paragraph (1). ‘‘(2) WRITTEN NOTICE.—Not later than 45 benefit from the projects. ‘‘(i) INSERVICE TRAINING FOR TEACHERS OF days before the commencement of an aca- ‘‘(2) SUBCONTRACTS.—Each recipient of a INDIAN CHILDREN.— demic term, the Secretary shall provide to grant or contract under subsection (b) to ‘‘(1) GRANTS AUTHORIZED.—In addition to each individual who is awarded a fellowship carry out a demonstration project under sub- the grants authorized by subsection (c), the under subsection (a) for such academic term section (a) may enter into a contract with Secretary may make grants to eligible con- written notice of— any other entity, including the Children’s sortia for the provision of high quality in- ‘‘(A) the amount of the funding for the fel- Television Workshop, to carry out the dem- service training. The Secretary may make lowship; and onstration project. such a grant to— ‘‘(B) any stipends or other payments that ‘‘(3) DEMONSTRATION PROJECTS.—Dem- ‘‘(A) a consortium of a tribal college and will be made under this section to, or for the onstration projects assisted under subsection an institution of higher education that benefit of, the individual for the academic (b) may include— awards a degree in education; or term. ‘‘(A) the identification of the special needs ‘‘(B) a consortium of— ‘‘(3) PRIORITY.—Not more than 10 percent of gifted and talented Indian students, par- ‘‘(i) a tribal college; of the fellowships awarded under subsection ticularly at the elementary school level, giv- ‘‘(ii) an institution of higher education (a) shall be awarded, on a priority basis, to ing attention to— that awards a degree in education; and persons receiving training in guidance coun- ‘‘(i) identifying the emotional and psycho- ‘‘(iii) 1 or more elementary schools or sec- seling with a specialty in the area of alcohol social needs of such students; and ondary schools operated by the Bureau of In- and substance abuse counseling and edu- ‘‘(ii) providing such support services to the dian Affairs, local educational agencies serv- cation. families of such students as are needed to ening Indian children, or tribal educational ‘‘(e) SERVICE OBLIGATION.— able such students to benefit from the agencies. ‘‘(1) IN GENERAL.—The Secretary shall re- project; ‘‘(2) USE OF FUNDS.— quire, by regulation, that an individual who ‘‘(B) the conduct of educational, psycho- ‘‘(A) IN-SERVICE TRAINING.—A consortium receives financial assistance under this social, and developmental activities that the that receives a grant under paragraph (1) section— Secretary determines hold a reasonable

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.018 pfrm09 PsN: S03PT1 S3414 CONGRESSIONAL RECORD — SENATE May 3, 2000 promise of resulting in substantial progress and to Congress a report concerning any re- tribal organization pursuant to this section toward meeting the educational needs of sults from activities described in this sub- only if the Secretary is satisfied that such such gifted and talented children, section. application, including any documentation including— ‘‘(7) EVALUATION COSTS.— submitted with the application— ‘‘(i) demonstrating and exploring the use of ‘‘(A) DIVISION.—The costs of evaluating ‘‘(A) demonstrates that the applicant has Indian languages and exposure to Indian cul- any activities assisted under paragraph (1) consulted with other education entities, if tural traditions; and shall be divided between the Bureau schools any, within the territorial jurisdiction of the ‘‘(ii) carrying out mentoring and appren- conducting such activities and the recipients applicant who will be affected by the activi- ticeship programs; of grants or contracts under subsection (b) ties to be conducted under the grant; ‘‘(C) the provision of technical assistance who conduct demonstration projects under ‘‘(B) provides for consultation with such and the coordination of activities at schools subsection (a). other education entities in the operation and that receive grants under subsection (d) with ‘‘(B) GRANTS AND CONTRACTS.—If no funds evaluation of the activities conducted under respect to the activities assisted under such are provided under subsection (b) for— the grant; and grants, the evaluation of programs assisted ‘‘(i) the evaluation of activities assisted ‘‘(C) demonstrates that there will be ade- under such grants, or the dissemination of under paragraph (1); quate resources provided under this section such evaluations; ‘‘(ii) technical assistance and coordination or from other sources to complete the activi- ‘‘(D) the use of public television in meeting with respect to such activities; or ties for which assistance is sought, except the special educational needs of such gifted ‘‘(iii) the dissemination of the evaluations that the availability of such other resources and talented children; referred to in clause (i), shall not be a basis for disapproval of such ‘‘(E) leadership programs designed to rep- the Secretary shall make such grants, or application. licate programs for such children throughout enter into such contracts, as are necessary ‘‘(d) RESTRICTION.—A tribe may not receive the United States, including disseminating to provide for the evaluations, technical as- funds under this section if such tribe re- information derived from the demonstration sistance, and coordination of such activities, ceives funds under section 1144 of the Edu- projects conducted under subsection (a); and and the dissemination of the evaluations. cation Amendments of 1978. ‘‘(F) appropriate research, evaluation, and ‘‘(e) INFORMATION NETWORK.—The Sec- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— related activities pertaining to the needs of retary shall encourage each recipient of a There are authorized to be appropriated to such children and to the provision of such grant or contract under this section to work the Secretary of Education to carry out this support services to the families of such chil- cooperatively as part of a national network section $3,000,000 for each of fiscal years 2001 dren as are needed to enable such children to to ensure that the information developed by through 2005. benefit from the project. the grant or contract recipient is readily ‘‘Subpart 3—Special Programs Relating to ‘‘(4) APPLICATION.—Each entity desiring a available to the entire educational commu- Adult Education for Indians grant or contract under subsection (b) shall nity. ‘‘SEC. 9131. IMPROVEMENT OF EDUCATIONAL OP- submit an application to the Secretary at ‘‘SEC. 9125. GRANTS TO TRIBES FOR EDUCATION PORTUNITIES FOR ADULT INDIANS. such time and in such manner as the Sec- ADMINISTRATIVE PLANNING AND retary may prescribe. DEVELOPMENT. ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(d) ADDITIONAL GRANTS.— ‘‘(a) IN GENERAL.—The Secretary may make grants to State and local educational ‘‘(1) IN GENERAL.—The Secretary, in con- make grants to Indian tribes, and tribal or- agencies and to Indian tribes, institutions, sultation with the Secretary of the Interior, ganizations approved by Indian tribes, to and organizations— shall award 5 grants to schools funded by the plan and develop a centralized tribal admin- ‘‘(1) to support planning, pilot, and dem- Bureau of Indian Affairs (referred to individ- istrative entity to— onstration projects that are designed to test ually in this section as a ‘Bureau school’) for ‘‘(1) coordinate all education programs op- and demonstrate the effectiveness of pro- program research and development and the erated by the tribe or within the territorial grams for improving employment and edu- development and dissemination of cur- jurisdiction of the tribe; cational opportunities for adult Indians; riculum and teacher training material, ‘‘(2) develop education codes for schools ‘‘(2) to assist in the establishment and op- regarding— within the territorial jurisdiction of the eration of programs that are designed to ‘‘(A) gifted and talented students; tribe; stimulate— ‘‘(B) college preparatory studies (including ‘‘(3) provide support services and technical ‘‘(A) the provision of basic literacy oppor- programs for Indian students with an inter- assistance to schools serving children of the tunities for all nonliterate Indian adults; and est in pursuing teaching careers); tribe; and ‘‘(B) the provision of opportunities to all ‘‘(C) students with special culturally re- ‘‘(4) perform child-find screening services Indian adults to qualify for a secondary lated academic needs, including students for the preschool-aged children of the tribe school diploma, or its recognized equivalent, with social, lingual, and cultural needs; or to— in the shortest period of time feasible; ‘‘(D) mathematics and science education. ‘‘(A) ensure placement in appropriate edu- ‘‘(3) to support a major research and devel- ‘‘(2) APPLICATIONS.—Each Bureau school cational facilities; and opment program to develop more innovative desiring a grant to conduct 1 or more of the ‘‘(B) coordinate the provision of any need- and effective techniques for achieving lit- activities described in paragraph (1) shall ed special services for conditions such as dis- eracy and secondary school equivalency for submit an application to the Secretary at abilities and English language skill defi- Indians; such time and in such manner as the Sec- ciencies. ‘‘(4) to provide for basic surveys and eval- retary may prescribe. ‘‘(b) PERIOD OF GRANT.—Each grant award- uations to define accurately the extent of ‘‘(3) SPECIAL RULE.—Each application deed under this section may be awarded for a the problems of illiteracy and lack of sec- scribed in paragraph (2) shall be developed, period of not more than 3 years. Such grant ondary school completion among Indians; and each grant under this subsection shall be may be renewed upon the termination of the and administered, jointly by the supervisor of initial period of the grant if the grant recipi- ‘‘(5) to encourage the dissemination of in- the Bureau school and the local educational ent demonstrates to the satisfaction of the formation and materials relating to, and the agency serving such school. Secretary that renewing the grant for an ad- evaluation of, the effectiveness of education ‘‘(4) REQUIREMENTS.—In awarding grants ditional 3-year period is necessary to carry programs that may offer educational oppor- under paragraph (1), the Secretary shall out the objectives of the grant described in tunities to Indian adults. achieve a mixture of the programs described subsection (c)(2)(A). ‘‘(b) EDUCATIONAL SERVICES.—The Sec- in paragraph (1) that ensures that Indian stu- ‘‘(c) APPLICATION FOR GRANT.— retary may make grants to Indian tribes, in- dents at all grade levels and in all geo- ‘‘(1) IN GENERAL.—Each Indian tribe and stitutions, and organizations to develop and graphic areas of the United States are able tribal organization desiring a grant under establish educational services and programs to participate in a program assisted under this section shall submit an application to specifically designed to improve educational this subsection. the Secretary at such time, in such manner, opportunities for Indian adults. ‘‘(5) GRANT PERIOD.—Subject to the avail- containing such information, and consistent ‘‘(c) INFORMATION AND EVALUATION.—The ability of appropriations, a grant awarded with such criteria, as the Secretary may pre- Secretary may make grants to, and enter under paragraph (1) shall be awarded for a 3- scribe in regulations. into contracts with, public agencies and in- year period and may be renewed by the Sec- ‘‘(2) CONTENTS.—Each application described stitutions and Indian tribes, institutions, retary for additional 3-year periods if the in paragraph (1) shall contain— and organizations, for— Secretary determines that the performance ‘‘(A) a statement describing the activities ‘‘(1) the dissemination of information con- of the grant recipient has been satisfactory. to be conducted, and the objectives to be cerning educational programs, services, and ‘‘(6) DISSEMINATION.— achieved, under the grant; and resources available to Indian adults, includ- ‘‘(A) COOPERATIVE EFFORTS.—The dissemi- ‘‘(B) a description of the method to be used ing evaluations of the programs, services, nation of any materials developed from ac- for evaluating the effectiveness of the activi- and resources; and tivities assisted under paragraph (1) shall be ties for which assistance is sought and for ‘‘(2) the evaluation of federally assisted carried out in cooperation with entities that determining whether such objectives are programs in which Indian adults may par- receive funds pursuant to subsection (b). achieved. ticipate to determine the effectiveness of the ‘‘(B) REPORT.—The Secretary shall prepare ‘‘(3) APPROVAL.—The Secretary may ap- programs in achieving the purposes of the and submit to the Secretary of the Interior prove an application submitted by a tribe or programs with respect to Indian adults.

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‘‘(d) APPLICATIONS.— ‘‘Subpart 5—Federal Administration ‘‘(3) INDIAN.—The term ‘Indian’ means an ‘‘(1) IN GENERAL.—Each entity desiring a ‘‘SEC. 9151. NATIONAL ADVISORY COUNCIL ON IN- individual who is— grant or contract under this section shall DIAN EDUCATION. ‘‘(A) a member of an Indian tribe or band, submit to the Secretary an application at ‘‘(a) MEMBERSHIP.—There is established a as membership is defined by the tribe or such time, in such manner, containing such National Advisory Council on Indian Edu- band, including— information, and consistent with such cri- cation (referred to in this section as the ‘‘(i) any tribe or band terminated since teria, as the Secretary may prescribe in reg- ‘Council’), which shall— 1940; and ulations. ‘‘(1) consist of 15 Indian members, who ‘‘(ii) any tribe or band recognized by the ‘‘(2) CONTENTS.—Each application described shall be appointed by the President from State in which the tribe or band resides; in paragraph (1) shall contain— lists of nominees furnished, from time to ‘‘(B) a descendant, in the first or second de- ‘‘(A) a statement describing the activities time, by Indian tribes and Indian organiza- gree, of an individual described in subpara- to be conducted and the objectives to be tions; and graph (A); achieved under the grant or contract; and ‘‘(2) represent different geographic areas of ‘‘(C) an individual who is considered by the ‘‘(B) a description of the method to be used the United States. Secretary of the Interior to be an Indian for for evaluating the effectiveness of the activi- ‘‘(b) DUTIES.—The Council shall— any purpose; ties for which assistance is sought and deter- ‘‘(1) advise the Secretary concerning the ‘‘(D) an Eskimo, Aleut, or other Alaska mining whether the objectives of the grant funding and administration (including the Native (as defined in section 9306); or or contract are achieved. development of regulations and administra- ‘‘(E) a member of an organized Indian ‘‘(3) APPROVAL.—The Secretary shall not tive policies and practices) of any program, group that received a grant under the Indian approve an application described in para- including any program established under Education Act of 1988 as in effect the day graph (1) unless the Secretary determines this part— preceding the date of enactment of the ‘Im- that such application, including any docu- ‘‘(A) with respect to which the Secretary proving America’s Schools Act of 1994’ (108 mentation submitted with the application, has jurisdiction; and Stat. 3518). ‘‘(B)(i) that includes Indian children or indicates that— ‘‘SEC. 9162. AUTHORIZATIONS OF APPROPRIA- ‘‘(A) there has been adequate participation, adults as participants; or TIONS. by the individuals to be served and the ap- ‘‘(ii) that may benefit Indian children or ‘‘(a) SUBPART 1.—There are authorized to propriate tribal communities, in the plan- adults; be appropriated to the Secretary of Edu- ning and development of the activities to be ‘‘(2) make recommendations to the Sec- cation to carry out subpart 1 $62,000,000 for assisted; and retary for filling the position of Director of fiscal year 2001 and such sums as may be nec- ‘‘(B) the individuals and tribal commu- Indian Education whenever a vacancy oc- essary for each of the 4 succeeding fiscal nities referred to in subparagraph (A) will curs; and years. participate in the operation and evaluation ‘‘(3) prepare and submit to Congress, not ‘‘(b) SUBPARTS 2 THROUGH 4.—There are au- of the activities to be assisted. later than June 30 of each year, a report on thorized to be appropriated to the Secretary ‘‘(4) PRIORITY.—In approving applications the activities of the Council, including— of Education to carry out subparts 2, 3, and under paragraph (1), the Secretary shall give ‘‘(A) any recommendations that the Coun- 4 $4,000,000 for fiscal year 2001 and such sums priority to applications from Indian edu- cil considers to be appropriate for the im- as may be necessary for each of the 4 suc- cational agencies, organizations, and institu- provement of Federal education programs ceeding fiscal years. that include Indian children or adults as par- tions. ‘‘PART B—NATIVE HAWAIIAN EDUCATION ‘‘(e) ADMINISTRATIVE COSTS.—Not more ticipants, or that may benefit Indian children or adults; and ‘‘SEC. 9201. SHORT TITLE. than 5 percent of the funds made available to ‘‘This part may be cited as the ‘Native Ha- an entity through a grant or contract made ‘‘(B) recommendations concerning the waiian Education Act’. or entered into under this subpart for a fiscal funding of any program described in subpara- year may be used to pay for administrative graph (A). ‘‘SEC. 9202. FINDINGS. costs. ‘‘SEC. 9152. PEER REVIEW. ‘‘Congress finds the following: ‘‘(1) Native Hawaiians are a distinct and ‘‘Subpart 4—National Research Activities ‘‘The Secretary may use a peer review process to review applications submitted to unique indigenous people with a historical ‘‘SEC. 9141. NATIONAL ACTIVITIES. the Secretary under subpart 2, 3, or 4. continuity to the original inhabitants of the ‘‘(a) AUTHORIZED ACTIVITIES.—The Sec- Hawaiian archipelago, whose society was or- retary may use funds made available under ‘‘SEC. 9153. PREFERENCE FOR INDIAN APPLI- CANTS. ganized as a nation and internationally rec- section 9162(b) for each fiscal year to— ‘‘In making grants and entering into con- ognized as a nation by the United States, ‘‘(1) conduct research related to effective tracts or cooperative agreements under sub- Britain, France, and Japan, as evidenced by approaches for the education of Indian chil- part 2, 3, or 4, the Secretary shall give a pref- treaties governing friendship, commerce, and dren and adults; erence to Indian tribes, organizations, and navigation. ‘‘(2) evaluate federally assisted education institutions of higher education under any ‘‘(2) At the time of the arrival of the first programs from which Indian children and program with respect to which Indian tribes, non-indigenous people in Hawai’i in 1778, the adults may benefit; organizations, and institutions are eligible Native Hawaiian people lived in a highly or- ‘‘(3) collect and analyze data on the edu- to apply for grants, contracts, or cooperative ganized, self-sufficient subsistence social cational status and needs of Indians; and agreements. system based on a communal land tenure ‘‘(4) carry out other activities that are con- ‘‘SEC. 9154. MINIMUM GRANT CRITERIA. system with a sophisticated language, cul- sistent with the purpose of this part. ‘‘The Secretary may not approve an appli- ture, and religion. ‘‘(b) ELIGIBILITY.—The Secretary may cation for a grant, contract, or cooperative ‘‘(3) A unified monarchal government of carry out any of the activities described in agreement under subpart 2 or 3 unless the the Hawaiian Islands was established in 1810 subsection (a) directly or through grants to, application is for a grant, contract, or coop- under Kamehameha I, the first King of or contracts or cooperative agreements with, erative agreement that is— Hawai‘i. Indian tribes, Indian organizations, State ‘‘(1) of sufficient size, scope, and quality to ‘‘(4) From 1826 until 1893, the United States educational agencies, local educational agen- achieve the purpose or objectives of such recognized the sovereignty and independence cies, institutions of higher education, includ- grant, contract, or cooperative agreement; ing Indian institutions of higher education, of the Kingdom of Hawai‘i, which was estab- and lished in 1810 under Kamehameha I, extended and other public and private agencies and in- ‘‘(2) based on relevant research findings. stitutions. full and complete diplomatic recognition to ‘‘(c) COORDINATION.—Research activities ‘‘Subpart 6—Definitions; Authorizations of the Kingdom of Hawai‘i, and entered into supported under this section— Appropriations treaties and conventions with the Kingdom ‘‘(1) shall be carried out in consultation ‘‘SEC. 9161. DEFINITIONS. of Hawai‘i to govern friendship, commerce with the Office of Educational Research and ‘‘In this part: and navigation in 1826, 1842, 1849, 1875, and Improvement to assure that such activities ‘‘(1) ADULT.—The term ‘adult’ means an in- 1887. are coordinated with and enhance the re- dividual who— ‘‘(5) In 1893, the sovereign, independent, search and development activities supported ‘‘(A) has attained age 16; or internationally recognized, and indigenous by the Office; and ‘‘(B) has attained an age that is greater government of Hawai‘i, the Kingdom of ‘‘(2) may include collaborative research ac- than the age of compulsory school attend- Hawai‘i, was overthrown by a small group of tivities that are jointly funded and carried ance under an applicable State law. non-Hawaiians, including United States citi- out by the Office of Indian Education and the ‘‘(2) FREE PUBLIC EDUCATION.—The term zens, who were assisted in their efforts by Office of Educational Research and Improve- ‘free public education’ means education that the United States Minister, a United States ment. is— naval representative, and armed naval forces ‘‘(d) ADMINISTRATIVE COSTS.—Not more ‘‘(A) provided at public expense, under pub- of the United States. Because of the partici- than 5 percent of the funds made available to lic supervision and direction, and without pation of United States agents and citizens an entity through a grant, contract, or tuition charge; and in the overthrow of the Kingdom of Hawai‘i, agreement made or entered into under this ‘‘(B) provided as elementary or secondary in 1993 the United States apologized to Na- subpart for a fiscal year may be used to pay education in the applicable State or to pre- tive Hawaiians for the overthrow and the for administrative costs. school children. deprivation of the rights of Native Hawaiians

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.018 pfrm09 PsN: S03PT1 S3416 CONGRESSIONAL RECORD — SENATE May 3, 2000 to self-determination through Public Law eral trust responsibility to the State of ‘‘(C) Native Hawaiian students continue to 103–150 (107 Stat. 1510). Hawai‘i; score below national norms on standardized ‘‘(6) In 1898, the joint resolution entitled ‘‘(D) the political status of Native Hawai- education achievement tests at all grade lev- ‘Joint Resolution to provide for annexing the ians is comparable to that of American Indi- els; Hawaiian Islands to the United States’, ap- ans and Alaska Natives; and ‘‘(D) both public and private schools con- proved July 7, 1898 (30 Stat. 750), ceded abso- ‘‘(E) the aboriginal, indigenous people of tinue to show a pattern of lower percentages lute title of all lands held by the Republic of the United States have— of Native Hawaiian students in the upper- Hawai‘i, including the government and ‘‘(i) a continuing right to autonomy in most achievement levels and in gifted and crown lands of the former Kingdom of their internal affairs; and talented programs; Hawai‘i, to the United States, but mandated ‘‘(ii) an ongoing right of self-determination ‘‘(E) Native Hawaiian students continue to that revenue generated from the lands be and self-governance that has never been ex- be overrepresented among students quali- used ‘solely for the benefit of the inhabitants tinguished. fying for special education programs proof the Hawaiian Islands for educational and ‘‘(13) The political relationship between vided to students with learning disabilities, other public purposes’. the United States and the Native Hawaiian mild mental retardation, emotional impair- ‘‘(7) By 1919, the Native Hawaiian popu- people has been recognized and reaffirmed by ment, and other such disabilities; lation had declined from an estimated the United States, as evidenced by the inclu- ‘‘(F) Native Hawaiians continue to be 1,000,000 in 1778 to an alarming 22,600, and in sion of Native Hawaiians in— underrepresented in institutions of higher recognition of this severe decline, Congress ‘‘(A) the Native American Programs Act of education and among adults who have com- 1974 (42 U.S.C. 2991 et seq.); enacted the Hawaiian Homes Commission pleted 4 or more years of college; ‘‘(B) the American Indian Religious Free- Act, 1920 (42 Stat. 108), which designated ap- ‘‘(G) Native Hawaiians continue to be dis- dom Act (42 U.S.C. 1996); proximately 200,000 acres of ceded public proportionately represented in many nega- ‘‘(C) the National Museum of the American lands for homesteading by Native Hawaiians. tive social and physical statistics indicative Indian Act (20 U.S.C. 80q et seq.); ‘‘(8) Through the enactment of the Hawai- of special educational needs, as dem- ‘‘(D) the Native American Graves Protec- ian Homes Commission Act, 1920, Congress onstrated by the fact that— tion and Repatriation Act (25 U.S.C. 3001 et affirmed the special relationship between the seq.); ‘‘(i) Native Hawaiian students are more United States and the Native Hawaiians, ‘‘(E) the National Historic Preservation likely to be retained in grade level and to be which was described by then Secretary of the Act (16 U.S.C. 470 et seq.); excessively absent in secondary school; Interior Franklin K. Lane, who said: ‘One ‘‘(F) the Native American Languages Act ‘‘(ii) Native Hawaiian students have the thing that impressed me . . . was the fact (25 U.S.C. 2901 et seq.); highest rates of drug and alcohol use in the that the natives of the island who are our ‘‘(G) the American Indian, Alaska Native, State of Hawai‘i; and wards, I should say, and for whom in a sense and Native Hawaiian Culture and Art Devel- ‘‘(iii) Native Hawaiian children continue to we are trustees, are falling off rapidly in opment Act (20 U.S.C. 4401 et seq.); be disproportionately victimized by child numbers and many of them are in poverty.’. ‘‘(H) the Job Training Partnership Act (29 abuse and neglect; and ‘‘(9) In 1938, Congress again acknowledged U.S.C. 1501 et seq.) and the Workforce Invest- ‘‘(H) Native Hawaiians now comprise over the unique status of the Hawaiian people by ment Act of 1998 (29 U.S.C. 2801 et seq.); and 23 percent of the students served by the including in the Act of June 20, 1938 (52 Stat. ‘‘(I) the Older Americans Act of 1965 (42 State of Hawai‘i Department of Education, 781, chapter 530; 16 U.S.C. 391b, 391b–1, 392b, U.S.C. 3001 et seq.). and there are and will continue to be geo- 392c, 396, 396a), a provision to lease lands ‘‘(14) In 1981, Congress instructed the Office graphically rural, isolated areas with a high within the National Parks extension to Na- of Education to submit to Congress a com- Native Hawaiian population density. tive Hawaiians and to permit fishing in the prehensive report on Native Hawaiian edu- ‘‘(17) In the 1998 National Assessment of area ‘only by native Hawaiian residents of cation. The report, entitled the ‘Native Ha- Educational Progress, Hawaiian fourth-grad- said area or of adjacent villages and by visi- waiian Educational Assessment Project’, was ers ranked 39th among groups of students tors under their guidance.’. released in 1983 and documented that Native from 39 States in reading. Given that Hawai- ‘‘(10) Under the Act entitled ‘An Act to Hawaiians scored below parity with regard ian students rank among the lowest groups provide for the admission of the State of to national norms on standardized achieve- of students nationally in reading, and that Hawai‘i into the Union’, approved March 18, ment tests, were disproportionately rep- Native Hawaiian students rank the lowest 1959 (73 Stat. 4), the United States trans- resented in many negative social and phys- among Hawaiian students in reading, it is ferred responsibility for the administration ical statistics indicative of special edu- imperative that greater focus be placed on of the Hawaiian Home Lands to the State of cational needs, and had educational needs beginning reading and early education and Hawai‘i but reaffirmed the trust relationship that were related to their unique cultural literacy in Hawai‘i. between the United States and the Hawaiian situation, such as different learning styles ‘‘(18) The findings described in paragraphs people by retaining the exclusive power to and low self-image. (16) and (17) are inconsistent with the high enforce the trust, including the power to ap- ‘‘(15) In recognition of the educational rates of literacy and integration of tradi- prove land exchanges and amendments to needs of Native Hawaiians, in 1988, Congress tional culture and Western education his- such Act affecting the rights of beneficiaries enacted title IV of the Augustus F. Hawkins- torically achieved by Native Hawaiians under such Act. Robert T. Stafford Elementary and Sec- through a Hawaiian language-based public ‘‘(11) In 1959, under the Act entitled ‘An ondary School Improvement Amendments of school system established in 1840 by Kame- Act to provide for the admission of the State 1988 (102 Stat. 130) to authorize and develop hameha III. of Hawai‘i into the Union’, the United States supplemental educational programs to ad- ‘‘(19) Following the overthrow of the King- also ceded to the State of Hawai‘i title to the dress the unique conditions of Native Hawai- dom of Hawai‘i in 1893, Hawaiian medium public lands formerly held by the United ians. schools were banned. After annexation, States, but mandated that such lands be held ‘‘(16) In 1993, the Kamehameha Schools throughout the territorial and statehood pe- by the State ‘in public trust’ and reaffirmed Bishop Estate released a 10-year update of riod of Hawai‘i, and until 1986, use of the Ha- the special relationship that existed between findings of the Native Hawaiian Educational waiian language as an instructional medium the United States and the Hawaiian people Assessment Project, which found that de- in education in public schools was declared by retaining the legal responsibility to en- spite the successes of the programs estab- unlawful. The declaration caused incalcu- force the public trust responsibility of the lished under title IV of the Augustus F. Haw- lable harm to a culture that placed a very State of Hawai‘i for the betterment of the kins-Robert T. Stafford Elementary and Sec- high value on the power of language, as ex- conditions of Native Hawaiians, as defined in ondary School Improvement Amendments of emplified¯ ¯ in the traditional¯ ¯saying: ‘I ka section 201(a) of the Hawaiian Homes Com- 1988, many of the same educational needs ‘olelo no ke ola; I ka ‘olelo no ka make. In mission Act, 1920. still existed for Native Hawaiians. Subse- the language rests life; In the language rests ‘‘(12) The United States has recognized and quent reports by the Kamehameha Schools death.’. reaffirmed that— Bishop Estate and other organizations have ‘‘(20) Despite the consequences of over 100 ‘‘(A) Native Hawaiians have a cultural, his- generally confirmed those findings. For years of nonindigenous influence, the Native toric, and land-based link to the indigenous example— Hawaiian people are determined to preserve, people who exercised sovereignty over the ‘‘(A) educational risk factors continue to develop, and transmit to future generations Hawaiian Islands, and that group has never start even before birth for many Native Ha- their ancestral territory and their cultural relinquished its claims to sovereignty or its waiian children, including— identity in accordance with their own spir- sovereign lands; ‘‘(i) late or no prenatal care; itual and traditional beliefs, customs, prac- ‘‘(B) Congress does not extend services to ‘‘(ii) high rates of births by Native Hawai- tices, language, and social institutions. Native Hawaiians because of their race, but ian women who are unmarried; and ‘‘(21) The State of Hawai‘i, in the constitu- because of their unique status as the indige- ‘‘(iii) high rates of births to teenage par- tion and statutes of the State of Hawai‘i— nous people of a once sovereign nation as to ents; ‘‘(A) reaffirms and protects the unique whom the United States has established a ‘‘(B) Native Hawaiian students continue to right of the Native Hawaiian people to prac- trust relationship; begin their school experience lagging behind tice and perpetuate their culture and reli- ‘‘(C) Congress has also delegated broad au- other students in terms of readiness factors gious customs, beliefs, practices, and lan- thority to administer a portion of the Fed- such as vocabulary test scores; guage;

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.019 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3417

‘‘(B) recognizes the traditional language of resources made available under this part, re- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— the Native Hawaiian people as an official lating to Native Hawaiian education, and There are authorized to be appropriated to language of the State of Hawai‘i, which may serve, where appropriate, in an advisory ca- carry out this section $300,000 for fiscal year be used as the language of instruction for all pacity; and 2001 and such sums as may be necessary for subjects and grades in the public school sys- ‘‘(4) make direct grants, if such grants en- each of the 4 succeeding fiscal years. Funds tem; and able the Education Council to carry out the appropriated under this subsection shall re- ‘‘(C) promotes the study of the Hawaiian duties of the Education Council, as described main available until expended. culture, language, and history by providing a in paragraphs (1) through (3). ‘‘SEC. 9205. PROGRAM AUTHORIZED. Hawaiian education program and using com- ‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION ‘‘(a) GENERAL AUTHORITY.— munity expertise as a suitable and essential COUNCIL.— ‘‘(1) GRANTS AND CONTRACTS.—The Sec- means to further the program. ‘‘(1) IN GENERAL.—The Education Council retary is authorized to make direct grants ‘‘SEC. 9203. PURPOSES. shall provide copies of any reports and rec- to, or enter into contracts with— ommendations issued by the Education ‘‘The purposes of this part are to— ‘‘(A) Native Hawaiian educational organi- Council, including any information that the ‘‘(1) authorize and develop innovative edu- zations; Education Council provides to the Secretary cational programs to assist Native Hawai- ‘‘(B) Native Hawaiian community-based or- pursuant to subsection (i), to the Secretary, ians in reaching the National Education ganizations; the Committee on Education and the Work- Goals; ‘‘(C) public and private nonprofit organiza- force of the House of Representatives, and ‘‘(2) provide direction and guidance to ap- tions, agencies, and institutions with experi- the Committee on Indian Affairs of the Sen- propriate Federal, State, and local agencies ence in developing or operating Native Ha- ate. waiian programs or programs of instruction to focus resources, including resources made ‘‘(2) ANNUAL REPORT.—The Education in the Native Hawaiian language; and available under this part, on Native Hawai- Council shall prepare and submit to the Sec- ‘‘(D) consortia of the organizations, agen- ian education, and to provide periodic assess- retary an annual report on the Education cies, and institutions described in subpara- ment and data collection; Council’s activities. graphs (A) through (C), ‘‘(3) supplement and expand programs and ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSIST- to carry out programs that meet the pur- authorities in the area of education to fur- ANCE.—The Education Council shall provide poses of this part. ther the purposes of this title; and such administrative support and financial ‘‘(2) PRIORITIES.—In awarding grants or ‘‘(4) encourage the maximum participation assistance to the island councils established contracts to carry out activities described in of Native Hawaiians in planning and man- pursuant to subsection (f) as the Secretary paragraph (3), the Secretary shall give pri- agement of Native Hawaiian education pro- determines to be appropriate, in a manner ority to entities proposing projects that are grams. that supports the distinct needs of each is- designed to address— ‘‘SEC. 9204. NATIVE HAWAIIAN EDUCATION COUN- land council. ‘‘(A) beginning reading and literacy among CIL AND ISLAND COUNCILS. ‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.— students in kindergarten through third ‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN ‘‘(1) IN GENERAL.—In order to better effec- grade; EDUCATION COUNCIL.—In order to better effectuate the purposes of this part and to ensure ‘‘(B) the needs of at-risk children and tuate the purposes of this part through the the adequate representation of island and youth; coordination of educational and related serv- community interests within the Education ‘‘(C) needs in fields or disciplines in which ices and programs available to Native Ha- Council, the Secretary is authorized to fa- Native Hawaiians are underemployed; and waiians, including those programs receiving cilitate the establishment of Native Hawai- ‘‘(D) the use of the Hawaiian language in funding under this part, the Secretary is au- ian education island councils (referred to in- instruction. thorized to establish a Native Hawaiian Edu- dividually in this part as an ‘island council’) ‘‘(3) AUTHORIZED ACTIVITIES.—Activities cation Council (referred to in this part as the for the following islands: provided through programs carried out under ‘Education Council’). ‘‘(A) Hawai‘i. this part may include— ‘‘(b) COMPOSITION OF EDUCATION COUNCIL.— ‘‘(B) Maui. ‘‘(A) the development and maintenance of The Education Council shall consist of not ‘‘(C) Moloka‘i. a statewide Native Hawaiian early education more than 21 members, unless otherwise de- ‘‘(D) Lana‘i. and care system to provide a continuum of termined by a majority of the council. ‘‘(E) O‘ahu. services for Native Hawaiian children from ‘‘(c) CONDITIONS AND TERMS.— ‘‘(F) Kaua‘i. the prenatal period of the children through ‘‘(1) CONDITIONS.—At least 10 members of ‘‘(G) Ni‘ihau. age 5; the Education Council shall be Native Ha- ‘‘(2) COMPOSITION OF ISLAND COUNCILS.— ‘‘(B) the operation of family-based edu- waiian education service providers and 10 Each island council shall consist of parents, cation centers that provide such services members of the Education Council shall be students, and other community members as— Native Hawaiians or Native Hawaiian edu- who have an interest in the education of Na- ‘‘(i) programs for Native Hawaiian parents cation consumers. In addition, a representative Hawaiians, and shall be representative and their infants from the prenatal period of tive of the State of Hawai‘i Office of Hawai- of individuals concerned with the edu- the infants through age 3; ian Affairs shall serve as a member of the cational needs of all age groups, from chil- ‘‘(ii) preschool programs for Native Hawai- Education Council. dren in preschool through adults. At least 3⁄4 ians; and ‘‘(2) APPOINTMENTS.—The members of the of the members of each island council shall ‘‘(iii) research on, and development and as- Education Council shall be appointed by the be Native Hawaiians. sessment of, family-based, early childhood, Secretary based on recommendations re- ‘‘(g) ADMINISTRATIVE PROVISIONS RELATING and preschool programs for Native Hawai- ceived from the Native Hawaiian commu- TO EDUCATION COUNCIL AND ISLAND COUN- ians; nity. CILS.—The Education Council and each is- ‘‘(C) activities that enhance beginning ‘‘(3) TERMS.—Members of the Education land council shall meet at the call of the reading and literacy in either the Hawaiian Council shall serve for staggered terms of 3 chairperson of the appropriate council, or or the English language among Native Ha- years, except as provided in paragraph (4). upon the request of the majority of the mem- waiian students in kindergarten through ‘‘(4) COUNCIL DETERMINATIONS.—Additional bers of the appropriate council, but in any third grade and assistance in addressing the conditions and terms relating to membership event not less often than 4 times during each distinct features of combined English and on the Education Council, including term calendar year. The provisions of the Federal Hawaiian literacy for Hawaiian speakers in lengths and term renewals, shall be deter- Advisory Committee Act shall not apply to fifth and sixth grade; mined by a majority of the Education Coun- the Education Council and each island coun- ‘‘(D) activities to meet the special needs of cil. cil. Native Hawaiian students with disabilities, ‘‘(h) COMPENSATION.—Members of the Edu- ‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL including— cation Council and each island council shall GRANT.—The Secretary shall make a direct ‘‘(i) the identification of such students and not receive any compensation for service on grant to the Education Council in order to the Education Council and each island coun- their needs; enable the Education Council to— cil, respectively. ‘‘(ii) the provision of support services to ‘‘(1) coordinate the educational and related ‘‘(i) REPORT.—Not later than 4 years after the families of those students; and services and programs available to Native the date of enactment of the Educational Ex- ‘‘(iii) other activities consistent with the Hawaiians, including the programs assisted cellence for All Children Act of 2000, the Sec- requirements of the Individuals with Disabil- under this part; retary shall prepare and submit to the Com- ities Education Act; ‘‘(2) assess the extent to which such serv- mittee on Education and the Workforce of ‘‘(E) activities that address the special ices and programs meet the needs of Native the House of Representatives and the Com- needs of Native Hawaiian students who are Hawaiians, and collect data on the status of mittee on Indian Affairs of the Senate a re- gifted and talented, including— Native Hawaiian education; port that summarizes the annual reports of ‘‘(i) educational, psychological, and devel- ‘‘(3) provide direction and guidance, the Education Council, describes the alloca- opmental activities designed to assist in the through the issuance of reports and rection and use of funds under this part, and educational progress of those students; and ommendations, to appropriate Federal, contains recommendations for changes in ‘‘(ii) activities that involve the parents of State, and local agencies in order to focus Federal, State, and local policy to advance those students in a manner designed to as- and improve the use of resources, including the purposes of this part. sist in the students’ educational progress;

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.019 pfrm09 PsN: S03PT1 S3418 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(F) the development of academic and vo- year 2001 and such sums as may be necessary ‘‘SEC. 9302. FINDINGS. cational curricula to address the needs of for each of the 4 succeeding fiscal years. ‘‘Congress finds the following: Native Hawaiian children and adults, includ- Funds appropriated under this subsection ‘‘(1) The attainment of educational success ing curriculum materials in the Hawaiian shall remain available until expended. is critical to the betterment of the condi- language and mathematics and science cur- ‘‘SEC. 9206. ADMINISTRATIVE PROVISIONS. tions, long-term well-being, and preservation ricula that incorporate Native Hawaiian tra- ‘‘(a) APPLICATION REQUIRED.—No grant may of the culture of Alaska Natives. dition and culture; be made under this part, and no contract ‘‘(2) It is the policy of the Federal Govern- ‘‘(G) professional development activities may be entered into under this part, unless ment to encourage the maximum participa- for educators, including— the entity seeking the grant or contract sub- tion by Alaska Natives in the planning and ‘‘(i) the development of programs to pre- mits an application to the Secretary at such the management of Alaska Native education pare prospective teachers to address the time, in such manner, and containing such programs. unique needs of Native Hawaiian students information as the Secretary may determine ‘‘(3) Alaska Native children enter and exit within the context of Native Hawaiian cul- to be necessary to carry out the provisions of school with serious educational handicaps. ture, language, and traditions; this part. ‘‘(4) The educational achievement of Alas- ‘‘(ii) in-service programs to improve the ‘‘(b) SPECIAL RULE.—Each applicant for a ka Native children is far below national ability of teachers who teach in schools with grant or contract under this part shall sub- norms. Native performance on standardized concentrations of Native Hawaiian students mit the application for comment to the local tests is low, Native student dropout rates are to meet those students’ unique needs; and educational agency serving students who high, and Natives are significantly underrep- ‘‘(iii) the recruitment and preparation of will participate in the program to be carried resented among holders of baccalaureate de- Native Hawaiians, and other individuals who out under the grant or contract, and include grees in the State of Alaska. As a result, Na- live in communities with a high concentra- those comments, if any, with the application tive students are being denied their oppor- tion of Native Hawaiians, to become teach- to the Secretary. tunity to become full participants in society ers; ‘‘SEC. 9207. DEFINITIONS. by grade school and high school educations ‘‘(H) the operation of community-based ‘‘In this part: that are condemning an entire generation to learning centers that address the needs of ‘‘(1) NATIVE HAWAIIAN.—The term ‘Native an underclass status and a life of limited Native Hawaiian families and communities Hawaiian’ means any individual who is— choices. through the coordination of public and pri- ‘‘(A) a citizen of the United States; and ‘‘(5) The programs authorized in this title, vate programs and services, including— ‘‘(B) a descendant of the aboriginal people combined with expanded Head Start, infant ‘‘(i) preschool programs; who, prior to 1778, occupied and exercised learning and early childhood education pro- ‘‘(ii) after-school programs; and sovereignty in the area that now comprises grams, and parent education programs are ‘‘(iii) vocational and adult education pro- the State of Hawai‘i, as evidenced by— essential if educational handicaps are to be grams; ‘‘(i) genealogical records; overcome. ‘‘(I) activities to enable Native Hawaiians ‘‘(ii) Kupuna (elders) or Kama‘aina (long- ‘‘(6) The sheer magnitude of the geographic to enter and complete programs of postsec- term community residents) verification; or barriers to be overcome in delivering edu- ondary education, including— ‘‘(iii) certified birth records. cational services in rural Alaska and Alaska villages should be addressed through the de- ‘‘(i) provision of full or partial scholarships ‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED OR- velopment and implementation of innova- for undergraduate or graduate study that are GANIZATION.—The term ‘Native Hawaiian tive, model programs in a variety of areas. awarded to students based on their academic community-based organization’ means any ‘‘(7) Congress finds that Native children promise and financial need, with a priority, organization that is composed primarily of should be afforded the opportunity to begin at the graduate level, given to students en- Native Hawaiians from a specific community their formal education on a par with their tering professions in which Native Hawaiians and that assists in the social, cultural, and non-Native peers. The Federal Government are underrepresented; educational development of Native Hawai- should lend support to efforts developed by ‘‘(ii) family literacy services; ians in that community. and undertaken within the Alaska Native ‘‘(iii) counseling and support services for ‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANI- students receiving scholarship assistance; community to improve educational oppor- ZATION.—The term ‘Native Hawaiian edu- tunity for all students. ‘‘(iv) counseling and guidance for Native cational organization’ means a private non- ‘‘SEC. 9303. PURPOSES. Hawaiian secondary students who have the profit organization that— ‘‘The purposes of this part are to— potential to receive scholarships; and ‘‘(A) serves the interests of Native Hawai- ‘‘(1) recognize the unique educational needs ‘‘(v) faculty development activities de- ians; signed to promote the matriculation of Na- of Alaska Natives; ‘‘(B) has Native Hawaiians in substantive ‘‘(2) authorize the development of supple- tive Hawaiian students; and policymaking positions within the orga- ‘‘(J) research and data collection activities mental educational programs to benefit nization; Alaska Natives; to determine the educational status and ‘‘(C) incorporates Native Hawaiian perspec- needs of Native Hawaiian children and ‘‘(3) supplement programs and authorities tive, values, language, culture, and tradi- in the area of education to further the objec- adults; tions into the core function of the organiza- ‘‘(K) other research and evaluation activi- tives of this part; and tion; ‘‘(4) provide direction and guidance to ap- ties related to programs carried out under ‘‘(D) has demonstrated expertise in the this part; and propriate Federal, State, and local agencies education of Native Hawaiian youth; and to focus resources, including resources made ‘‘(L) other activities, consistent with the ‘‘(E) has demonstrated expertise in re- purposes of this part, to meet the edu- available under this part, on meeting the search and program development. educational needs of Alaska Natives. cational needs of Native Hawaiian children ‘‘(4) NATIVE HAWAIIAN LANGUAGE.—The and adults. ‘‘SEC. 9304. PROGRAM AUTHORIZED. term ‘Native Hawaiian language’ means the ‘‘(a) GENERAL AUTHORITY.— ‘‘(4) SPECIAL RULE AND CONDITIONS.— single Native American language indigenous ‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The ‘‘(1) GRANTS AND CONTRACTS.—The Sec- to the original inhabitants of the State of retary is authorized to make grants to, or Secretary shall not establish a policy under Hawai‘i. this section that prevents a Native Hawaiian enter into contracts with, Alaska Native or- ‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The ganizations, educational entities with expe- student enrolled at a 2- or 4-year degree term ‘Native Hawaiian organization’ means granting institution of higher education out- rience in developing or operating Alaska Na- a private nonprofit organization that— tive programs or programs of instruction side of the State of Hawai‘i from receiving a ‘‘(A) serves the interests of Native Hawai- fellowship pursuant to paragraph (3)(I). conducted in Alaska Native languages, and ians; consortia of such organizations and entities ‘‘(B) FELLOWSHIP CONDITIONS.—The Sec- ‘‘(B) has Native Hawaiians in substantive retary shall establish conditions for receipt to carry out programs that meet the pur- and policymaking positions within the orga- poses of this part. of a fellowship awarded under paragraph nizations; and (3)(I). The conditions shall require that an ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities ‘‘(C) is recognized by the Governor of provided through programs carried out under individual seeking such a fellowship enter Hawai‘i for the purpose of planning, con- into a contract to provide professional serv- this part may include— ducting, or administering programs (or por- ‘‘(A) the development and implementation ices, either during the fellowship period or tions of programs) for the benefit of Native upon completion of a program of postsec- of plans, methods, and strategies to improve Hawaiians. the education of Alaska Natives; ondary education, to the Native Hawaiian ‘‘(6) OFFICE OF HAWAIIAN AFFAIRS.—The community. ‘‘(B) the development of curricula and edu- term ‘Office of Hawaiian Affairs’ means the cational programs that address the edu- ‘‘(b) ADMINISTRATIVE COSTS.—Not more office of Hawaiian Affairs established by the than 5 percent of funds provided to a grant cational needs of Alaska Native students, Constitution of the State of Hawai‘i. recipient under this section for any fiscal including— year may be used for administrative pur- ‘‘PART C—ALASKA NATIVE EDUCATION ‘‘(i) curriculum materials that reflect the poses. ‘‘SEC. 9301. SHORT TITLE. cultural diversity or the contributions of ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘This part may be cited as the ‘Alaska Na- Alaska Natives; There are authorized to be appropriated to tive Educational Equity, Support, and As- ‘‘(ii) instructional programs that make use carry out this section $23,000,000 for fiscal sistance Act’. of Native Alaskan languages; and

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.019 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3419 ‘‘(iii) networks that introduce successful consultation with representatives of the priority to tribes that, as demonstrated by programs, materials, and techniques to Alaska Native community. the relevant plans of construction, will fund urban and rural schools; ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDI- projects described in the Replacement ‘‘(C) professional development activities NATION.—Each applicant for a grant or con- School Construction priority list of the Bu- for educators, including— tract under this part shall inform each local reau of Indian Affairs, as maintained under ‘‘(i) programs to prepare teachers to ad- educational agency serving students who the Indian Self-Determination and Edu- dress the cultural diversity and unique needs will participate in the program to be carried cation Assistance Act. of Alaska Native students; out under the grant or contract about the (D) APPROVAL.—Except as provided in sub- ‘‘(ii) in-service programs to improve the application. paragraph (C), the Secretary shall approve ability of teachers to meet the unique needs ‘‘SEC. 9306. DEFINITIONS. the issuance of qualified tribal school mod- of Alaska Native students; and ‘‘In this part: ernization bonds by tribes with approved ‘‘(iii) recruitment and preparation of ‘‘(1) ALASKA NATIVE.—The term ‘Alaska plans of construction on the basis of the teachers who are Alaska Native, reside in Native’ has the meaning given the term ‘Na- order in which such plans were received by communities with high concentrations of tive’ in section 3(b) of the Alaska Native the Secretary. Such approval shall not be Alaska Native students, or are likely to suc- Claims Settlement Act. unreasonably withheld. ceed as teachers in isolated, rural commu- ‘‘(2) ALASKA NATIVE ORGANIZATION.—The (3) PERMISSIBLE ACTIVITIES.—In addition to nities and engage in cross-cultural instruc- term ‘Alaska Native organization’ means a the use of funds permitted under paragraph tion in Alaska; federally recognized tribe, consortium of (1), a tribe may use amounts received ‘‘(D) the development and operation of tribes, regional nonprofit Native association, through the issuance of a bond to— home instruction programs for Alaska Na- or another organization that— (A) enter into contracts with architects, tive preschool children, the purpose of which ‘‘(A) has or commits to acquire expertise in engineers, and construction firms in order to is to ensure the active involvement of par- the education of Alaska Natives; and determine the needs of the tribal school and ents in their children’s education from the ‘‘(B) has Alaska Natives in substantive and for the design and engineering of the school; earliest ages; policymaking positions within the organiza- (B) enter into contracts with financial ad- ‘‘(E) family literacy services; tion.’’. visors, underwriters, attorneys, trustees, and ‘‘(F) the development and operation of stu- SEC. 902. INDIAN SCHOOL CONSTRUCTION. other professionals who would be able to pro- dent enrichment programs in science and (a) DEFINITIONS.—In this section: vide assistance to the tribe in issuing bonds; mathematics that— (1) BUREAU.—The term ‘‘Bureau’’ means and ‘‘(i) are designed to prepare Alaska Native the Bureau of Indian Affairs of the Depart- (C) carry out other activities determined students from rural areas, who are preparing ment of the Interior. appropriate by the Secretary. to enter secondary school, to excel in science (2) INDIAN.—The term ‘‘Indian’’ means any (4) BOND TRUSTEE.— and math; and individual who is a member of a tribe. (A) IN GENERAL.—Notwithstanding any ‘‘(ii) provide appropriate support services (3) SECRETARY.—The term ‘‘Secretary’’ other provision of law, any tribal school con- to the families of such students that are means the Secretary of the Interior. struction bond issued by a tribe under this needed to enable such students to benefit (4) TRIBAL SCHOOL.—The term ‘‘tribal section shall be subject to a trust agreement from the programs; school’’ means an elementary school, sec- between the tribe and a trustee. ‘‘(G) research and data collection activities ondary school, or dormitory that is operated (B) TRUSTEE.—Any bank or trust company to determine the educational status and by a tribal organization for the education of that meets requirements established by the needs of Alaska Native children and adults; Indian children and that receives financial Secretary by regulation may be designated ‘‘(H) other research and evaluation activi- assistance for its operation under a contract, as a trustee under subparagraph (A). ties related to programs carried out under grant, or agreement with the Bureau under (C) CONTENT OF TRUST AGREEMENT.—A trust this part; and section 102, 103(a), or 208 of the Indian Self- agreement entered into by a tribe under this ‘‘(I) other activities, consistent with the Determination and Education Assistance Act paragraph shall specify that the trustee, purposes of this part, to meet the edu- (25 U.S.C. 450f, 450h(a), and 458d). with respect to bonds issued under this sec- cational needs of Alaska Native children and (5) TRIBE.—The term ‘‘tribe’’ means any In- tion shall— adults. dian tribe, band, nation, or other organized (i) act as a repository for the proceeds of ‘‘(3) HOME INSTRUCTION PROGRAMS.—Home group or community, including a Native vil- the bond; instruction programs for Alaska Native pre- lage, Regional Corporation, or Village Cor- (ii) make payments to bondholders; school children carried out under paragraph poration (as defined in or established pursu- (iii) from any amounts in excess of the (2)(D) may include— ant to the Alaska Native Claims Settlement amounts necessary to make payments to ‘‘(A) programs for parents and their in- Act), that is recognized as eligible for the bondholders, in accordance with the require- fants, from the prenatal period of the infant special programs and services provided by ments of subparagraph (D), make direct pay- through age 3; the United States to Indians because of their ments to contractors with the governing ‘‘(B) preschool programs; and status as Indians. body of the tribe for facility improvement, ‘‘(C) training, education, and support for (b) ISSUANCE OF BONDS.— repair, or new construction pursuant to this parents in such areas as reading readiness, (1) IN GENERAL.—The Secretary shall es- section; and observation, story telling, and critical think- tablish a pilot program under which eligible (iv) invest in the tribal school moderniza- ing. tribes have the authority to issue tribal tion escrow account established under para- ‘‘(b) ADMINISTRATIVE COSTS.—Not more school modernization bonds to provide fund- graph (6)(B) such amounts of the proceeds as than 5 percent of funds provided to a grant ing for the improvement, repair, and new the trustee determines not to be necessary recipient under this section for any fiscal construction of tribal schools. to make payments under clauses (ii) and year may be used for administrative pur- (2) ELIGIBILITY.— (iii). poses. (A) IN GENERAL.—To be eligible to issue (D) REQUIREMENTS FOR MAKING DIRECT PAY- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— bonds under the program under paragraph MENTS.— There are authorized to be appropriated to (1), a tribe shall prepare and submit to the (i) IN GENERAL.—Notwithstanding any carry out this section $17,000,000 for fiscal Secretary a plan of construction that meets other provision of law, only the trustee shall year 2001 and such sums as may be necessary the requirements of subparagraph (B). make the direct payments referred to in sub- for each of the 4 succeeding fiscal years. (B) PLAN OF CONSTRUCTION.—A plan of con- paragraph (C)(iii) in accordance with re- ‘‘SEC. 9305. ADMINISTRATIVE PROVISIONS. struction meets the requirements of this quirements that the tribe shall prescribe in ‘‘(a) APPLICATION REQUIRED.—No grant may subparagraph if such plan— the agreement entered into under subpara- be made under this part, and no contract (i) contains a description of the improve- graph (C). The tribe shall require the trustee, may be entered into under this part, unless ments, repairs, or new construction to be un- prior to making a payment to a contractor the entity seeking the grant or contract sub- dertaken with funding provided under the under subparagraph (C)(iii), to inspect the mits an application to the Secretary at such bond; project that is the subject of the contract, or time, in such manner, and containing such (ii) demonstrates that a comprehensive provide for an inspection of that project by a information as the Secretary may determine survey has been undertaken concerning the local financial institution, to ensure the to be necessary to carry out the provisions of construction or renovation needs of the trib- completion of the project. this part. al school involved; (ii) CONTRACTS.—Each contract referred to ‘‘(b) APPLICATIONS.—A State educational (iii) contains assurances that funding in subparagraph (C)(iii) shall specify, or be agency or local educational agency may under the bond will be used only for the ac- renegotiated to specify, that payments under apply for a grant or contract under this part tivities described in the plan; and the contract shall be made in accordance only as part of a consortium involving an (iv) contains any other reasonable and re- with this subsection. Alaska Native organization. The consortium lated information determined appropriate by (5) PAYMENTS OF PRINCIPAL AND INTER- may include other eligible applicants. the Secretary. EST.— ‘‘(c) CONSULTATION REQUIRED.—Each appli- (C) PRIORITY.—In determining whether a (A) PRINCIPAL.—Qualified tribal school cant for a grant or contract under this part tribe is eligible to participate in the program modernization bonds shall be issued under shall provide for ongoing advice from and under this section, the Secretary shall give this section as interest only for a period of 15

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.019 pfrm09 PsN: S03PT1 S3420 CONGRESSIONAL RECORD — SENATE May 3, 2000 years from the date of issuance. Upon the ex- Education Act of 1965 (20 U.S.C. 7912(1))’’ and ‘‘(A) a State educational agency in part- piration of such 15-year period, the entire inserting ‘‘section 9207 of the Elementary nership with 1 or more local educational outstanding principal under the bond shall and Secondary Education Act of 1965’’. agencies; become due and payable. (g) WORKFORCE INVESTMENT ACT OF 1998.— ‘‘(B) a State educational agency in part- (B) INTEREST.—Interest on a qualified trib- Section 166(b)(3) of the Workforce Invest- nership with— al school modernization bond shall be in the ment Act of 1998 (29 U.S.C. 2911(b)(3)) is ‘‘(i) 1 or more local educational agencies; form of a tax credit under section 1400F of amended by striking ‘‘paragraphs (1) and (3), and the Internal Revenue Code of 1986. respectively, of section 9212 of the Native Ha- ‘‘(ii) 1 or more nonprofit organizations or (6) BOND GUARANTEES.— waiian Education Act (20 U.S.C. 7912)’’ and entities, including institutions of higher edu- (A) IN GENERAL.—Payment of the principal inserting ‘‘section 9207 of the Native Hawai- cation; portion of a qualified tribal school mod- ian Education Act’’. ‘‘(C) a local educational agency or consor- ernization bond issued under this section (h) ASSETS FOR INDEPENDENCE ACT.—Sec- tium of local educational agencies; or shall be guaranteed by amounts deposited in tion 404(11) of the Assets for Independence ‘‘(D) a local educational agency in partner- the tribal school modernization escrow ac- Act (42 U.S.C. 604 note) is amended by strik- ship with another nonprofit organization or count established under subparagraph (B). ing ‘‘section 9212 of the Native Hawaiian entity, including institutions of higher edu- (B) ESTABLISHMENT OF ACCOUNT.— Education Act (20 U.S.C. 7912)’’ and inserting cation. (i) IN GENERAL.—Notwithstanding any ‘‘section 9207 of the Native Hawaiian Edu- ‘‘(3) DURATION.—Each grant under this sec- other provision of law, subject to the avail- cation Act’’. tion shall be awarded for a period not to ex- ability of amounts made available under an TITLE X—PROGRAMS OF NATIONAL ceed 3 years, of which the eligible entity appropriations Act, beginning in fiscal year SIGNIFICANCE shall not use more than 1 year for planning and program design. 2001, the Secretary may deposit not more PART A—FUND FOR THE IMPROVEMENT ‘‘(b) APPLICATIONS.— than $30,000,000 of unobligated funds into a OF EDUCATION; ARTS IN EDUCATION tribal school modernization escrow account. ‘‘(1) REQUIREMENT.—Each eligible entity SEC. 1001. FUND FOR THE IMPROVEMENT OF desiring a grant under this section shall sub- (ii) PAYMENTS.—The Secretary shall use EDUCATION any amounts deposited in the escrow ac- mit an application to the Secretary at such Part A of title X (20 U.S.C. 8001 et seq.) is time and in such manner as the Secretary count under clause (i) and paragraph amended to read as follows: (4)(C)(iv) to make payments to holders of may require. ‘‘PART A—FUND FOR THE IMPROVEMENT qualified tribal school modernization bonds ‘‘(2) CONTENTS OF APPLICATION.—Each ap- OF EDUCATION plication submitted under this section shall issued under this section. ‘‘SEC. 10101. FUND FOR THE IMPROVEMENT OF include— (7) LIMITATIONS.— EDUCATION. ‘‘(A) a description of any partnerships or (A) OBLIGATION OF TRIBES.—Notwith- ‘‘(a) FUND AUTHORIZED.—From funds appro- collaborative efforts among the organiza- standing any other provision of law, a tribe priated under subsection (d), the Secretary is tions and entities of the eligible entity; that issues a qualified tribal school mod- authorized to support nationally significant ‘‘(B) a description of the goals and objec- ernization bond under this section shall not programs and projects to improve the qual- tives of the program proposed by the eligible be obligated to repay the principal on the ity of elementary and secondary education. entity; bond. The Secretary is authorized to carry out ‘‘(C) a description of activities that will be (B) LAND AND FACILITIES.—Any land or fa- such programs and projects directly or pursued and how those activities will con- cilities purchased or improved with amounts through grants to, or contracts with, State tribute to meeting the goals and objectives derived from qualified tribal school mod- and local educational agencies, institutions described in subparagraph (B), including— ernization bonds issued under this section of higher education, and other public and ‘‘(i) how parents, students, and other mem- shall not be mortgaged or used as collateral private agencies, organizations, and institu- bers of the community, including members for such bonds. tions. of private and nonprofit organizations, will SEC. 903. CONFORMING AMENDMENTS. ‘‘(b) USES OF FUNDS.—Funds under this sec- be involved in the design and implementa- (a) HIGHER EDUCATION ACT OF 1965.—Sec- tion may be used for— tion of the program and how the eligible en- tion 317(b) of the Higher Education Act of ‘‘(1) programs under section 10102; tity will work with the larger community to 1965 (20 U.S.C. 1059d(b)) is amended— ‘‘(2) programs under section 10103; increase the reach and promise of the pro- (1) in paragraph (1), by striking ‘‘section ‘‘(3) programs under section 10104; gram; 9308’’ and inserting ‘‘section 9306’’; and ‘‘(4) programs under section 10105; ‘‘(ii) curriculum and instructional prac- (2) in paragraph (3), by striking ‘‘section ‘‘(5) programs under section 10106; tices that will be used or developed; 9212’’ and inserting ‘‘section 9207’’. ‘‘(6) the identification and recognition of ‘‘(iii) methods of teacher training and par- (b) PUBLIC LAW 88–210.—Section 116 of Pub- exemplary schools and programs, such as ent education that will be used or developed; lic Law 88–210 (as added by section 1 of Pub- Blue Ribbon Schools; and and lic Law 105–332 (112 Stat. 3076)) is amended by ‘‘(7) the development and evaluation of ‘‘(iv) how the program will be linked to striking ‘‘section 9212 of the Native Hawaiian model strategies for professional develop- other efforts in the schools to improve stu- Education Act (20 U.S.C. 7912)’’ and inserting ment for teachers and administrators. dent performance; ‘‘section 9207 of the Native Hawaiian Edu- ‘‘(c) AWARDS.— ‘‘(D) in the case of an eligible entity that cation Act’’. ‘‘(1) IN GENERAL.—The Secretary may make is a State educational agency— (c) CARL D. PERKINS VOCATIONAL AND TECH- awards under this section on the basis of ‘‘(i) a description of how the State edu- NICAL EDUCATION ACT OF 1998.—Section competitions announced by the Secretary. cational agency will provide technical and 116(a)(5) of the Carl D. Perkins Vocational ‘‘(2) SPECIAL RULE.—The Secretary shall professional assistance to its local edu- and Technical Education Act of 1998 (20 ensure that programs, projects, and activi- cational agency partners in the development U.S.C. 2326(a)(5)) is amended by striking ties supported under this section are de- and implementation of character education ‘‘section 9212’’ and all that follows and in- signed so that the effectiveness of such pro- programs; and serting ‘‘section 9207 of the Native Hawaiian grams, projects, and activities is readily as- ‘‘(ii) a description of how the State edu- Education Act’’. certainable. cational agency will assist other interested (d) MUSEUM AND LIBRARY SERVICES ACT.— ‘‘(3) PEER REVIEW.—The Secretary shall use local educational agencies that are not mem- Section 261 of the Museum and Library Serv- a peer review process in reviewing applica- bers of the original partnership in designing ices Act (20 U.S.C. 9161) is amended by strik- tions for assistance under this section and and establishing character education pro- ing ‘‘section 9212 of the Native Hawaiian may use funds appropriated under subsection grams; Education Act (20 U.S.C. 7912)’’ and inserting (d) for the cost of such peer review. ‘‘(E) a description of how the eligible enti- ‘‘section 9207 of the Native Hawaiian Edu- ‘‘(d) AUTHORIZATION.—For the purpose of ty will evaluate the success of its program— cation Act’’. carrying out this section, there are author- ‘‘(i) based on the goals and objectives de- (e) ACT OF APRIL 16, 1934.—Section 5 of the ized to be appropriated $100,000,000 for fiscal scribed in subparagraph (B); and Act of April 16, 1934 (commonly known as the year 2001 and such sums as may be necessary ‘‘(ii) in cooperation with the national eval- ‘‘Johnson-O’Malley Act’’) (88 Stat. 2213; 25 for each of the 4 succeeding fiscal years. uation conducted pursuant to subsection U.S.C. 456) is amended by striking ‘‘section ‘‘SEC. 10102. PARTNERSHIPS IN CHARACTER EDU- (c)(2)(B)(iii); 9104(c)(4)’’ and inserting ‘‘section 9114(c)(4)’’. CATION PROGRAM. ‘‘(F) an assurance that the eligible entity (f) NATIVE AMERICAN LANGUAGES ACT.— ‘‘(a) PROGRAM AUTHORIZED.— annually will provide to the Secretary such Section 103 of the Native American Lan- ‘‘(1) IN GENERAL.—The Secretary is author- information as may be required to determine guages Act (25 U.S.C. 2902) is amended— ized to award grants to eligible entities for the effectiveness of the program; and (1) in paragraph (2), by striking ‘‘section the design and implementation of character ‘‘(G) any other information that the Sec- 9161(4) of the Elementary and Secondary education programs that incorporate the ele- retary may require. Education Act of 1965 (20 U.S.C. 7881(4))’’ and ments of character described in subsection ‘‘(c) EVALUATION AND PROGRAM DEVELOP- inserting ‘‘section 9161(3) of the Elementary (d), as well as other character elements iden- MENT.— and Secondary Education Act of 1965’’; and tified by the eligible entities. ‘‘(1) EVALUATION AND REPORTING.— (2) in paragraph (3), by striking ‘‘section ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(A) STATE AND LOCAL REPORTING AND 9212(1) of the Elementary and Secondary entity’ means— EVALUATION.—Each eligible entity receiving

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.019 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3421

a grant under this section shall submit to ‘‘(F) student and staff morale; and ‘‘(b) PRIORITY.—In awarding the grant the Secretary a comprehensive evaluation of ‘‘(G) overall improvements in school cli- under subsection (a), the Secretary shall give the program assisted under this section, in- mate for all students. priority to a nonprofit organization that— cluding the impact on students, teachers, ad- ‘‘(d) ELEMENTS OF CHARACTER.— ‘‘(1) is described in section 501(c)(3) of, and ministrators, parents, and others— ‘‘(1) IN GENERAL.—Each eligible entity de- exempt from taxation under section 501(a) of, ‘‘(i) by the second year of the program; and siring funding under this section shall de- the Internal Revenue Code of 1986, and is af- ‘‘(ii) not later than 1 year after completion velop character education programs that in- filiated with a university capable of hosting of the grant period. corporate the following elements of char- a large educational, cultural, and athletic ‘‘(B) CONTRACTS FOR EVALUATION.—Each el- acter: event that will serve as a national model; igible entity receiving a grant under this ‘‘(A) Caring. ‘‘(2) has the capability and experience in section may contract with outside sources, ‘‘(B) Civic virtue and citizenship. administering federally funded scholar-ath- including institutions of higher education, ‘‘(C) Justice and fairness. lete games; and private and nonprofit organizations, for ‘‘(D) Respect. ‘‘(3) has the ability to provide matching purposes of evaluating its program and ‘‘(E) Responsibility. funds, on a dollar-for-dollar basis, from foun- measuring the success of the program toward ‘‘(F) Trustworthiness. dations and the private sector for the pur- fostering in students the elements of char- ‘‘(G) Any other elements deemed appro- pose of conducting a scholar-athlete pro- acter described in subsection (d). priate by the members of the eligible entity. gram; ‘‘(2) NATIONAL RESEARCH, DISSEMINATION, ‘‘(2) ADDITIONAL ELEMENTS OF CHARACTER.— ‘‘(4) has the organizational structure and AND EVALUATION.— An eligible entity participating under this capability to administer a model scholar- ‘‘(A) IN GENERAL.—The Secretary is author- section may, after consultation with schools athlete program; and ized to make grants to, or enter into con- and communities served by the eligible enti- ‘‘(5) has the organizational structure and tracts or cooperative agreements with, State ty, define additional elements of character expertise to replicate the scholar-athlete or local educational agencies, institutions of that the eligible entity determines to be im- program in various venues throughout the higher education, tribal organizations, or portant to the schools and communities United States internationally. other public or private agencies or organiza- served by the eligible entity. tions to carry out research, development, ‘‘(e) USE OF FUNDS BY STATE EDUCATIONAL ‘‘SEC. 10104. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION. dissemination, technical assistance, and AGENCY RECIPIENTS.—Of the total funds re- evaluation activities that support or inform ceived in any fiscal year under this section ‘‘(a) COUNSELING DEMONSTRATION.— State and local character education pro- by an eligible entity that is a State edu- ‘‘(1) IN GENERAL.—The Secretary may grams. The Secretary shall reserve not more cational agency— award grants under this section to establish than 5 percent of the funds made available ‘‘(1) not more than 10 percent of such funds or expand elementary school counseling pro- under this section to carry out this para- may be used for administrative purposes; and grams. graph. ‘‘(2) the remainder of such funds may be ‘‘(2) PRIORITY.—In awarding grants under ‘‘(B) USES.—Funds made available under used for— this section, the Secretary shall give special subparagraph (A) may be used— ‘‘(A) collaborative initiatives with and be- consideration to applications describing pro- ‘‘(i) to conduct research and development tween local educational agencies and grams that— activities that focus on matters such as— schools; ‘‘(A) demonstrate the greatest need for new ‘‘(I) the effectiveness of instructional mod- ‘‘(B) the preparation or purchase of mate- or additional counseling services among the els for all students; rials, and teacher training; children in the elementary schools served by ‘‘(II) materials and curricula that can be ‘‘(C) grants to local educational agencies the applicant; used by programs in character education; or schools; and ‘‘(B) propose the most promising and inno- ‘‘(III) models of professional development ‘‘(D) technical assistance and evaluation. vative approaches for initiating or expanding in character education; and ‘‘(f) SELECTION OF GRANTEES.— elementary school counseling; and ‘‘(IV) the development of measures of effec- ‘‘(1) CRITERIA.—The Secretary shall select, ‘‘(C) show the greatest potential for rep- tiveness for character education programs through peer review, eligible entities to re- lication and dissemination. which may include the factors described in ceive grants under this section on the basis ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding paragraph (3); of the quality of the applications submitted grants under this section, the Secretary ‘‘(ii) to provide technical assistance to under subsection (b), taking into consider- shall ensure an equitable geographic dis- State and local programs, particularly on ation such factors as— tribution among the regions of the United matters of program evaluation; ‘‘(A) the quality of the activities proposed States and among urban, suburban, and rural ‘‘(iii) to conduct a national evaluation of to be conducted; areas. State and local programs receiving funding ‘‘(B) the extent to which the program fos- ‘‘(4) DURATION.—A grant under this section under this section; and ters in students the elements of character shall be awarded for a period not to exceed 3 ‘‘(iv) to compile and disseminate, through described in subsection (d) and the potential years. various approaches (such as a national clear- for improved student performance; ‘‘(5) MAXIMUM GRANT.—A grant under this inghouse)— ‘‘(C) the extent and ongoing nature of pa- ‘‘(I) information on model character edu- section shall not exceed $400,000 for any fis- rental, student, and community involve- cal year. cation programs; ment; ‘‘(II) character education materials and ‘‘(D) the quality of the plan for measuring ‘‘(b) APPLICATIONS.— curricula; and assessing success; and ‘‘(1) IN GENERAL.—Each local educational ‘‘(III) research findings in the area of char- ‘‘(E) the likelihood that the goals of the agency desiring a grant under this section acter education and character development; program will be realistically achieved. shall submit an application to the Secretary and ‘‘(2) DIVERSITY OF PROJECTS.—The Sec- at such time, in such manner, and accom- ‘‘(IV) any other information that will be retary shall approve applications under this panied by such information as the Secretary useful to character education program par- section in a manner that ensures, to the ex- may reasonably require. ticipants, educators, parents, administra- tent practicable, that programs assisted ‘‘(2) CONTENTS.—Each application for a tors, and others nationwide. under this section— grant under this section shall— ‘‘(C) PRIORITY.—In carrying out national ‘‘(A) serve different areas of the Nation, in- ‘‘(A) describe the elementary school popu- activities under this paragraph related to de- cluding urban, suburban, and rural areas; lation to be targeted by the program, the velopment, dissemination, and technical as- and particular personal, social, emotional, edu- sistance, the Secretary shall seek to enter ‘‘(B) serve schools that serve minorities, cational, and career development needs of into partnerships with national, nonprofit Native Americans, students of limited- such population, and the current school character education organizations with ex- English proficiency, disadvantaged students, counseling resources available for meeting pertise and successful experience in imple- and students with disabilities. such needs; menting local character education programs ‘‘(g) PARTICIPATION BY PRIVATE SCHOOL ‘‘(B) describe the activities, services, and that have had an effective impact on schools, CHILDREN AND TEACHERS.—Grantees under training to be provided by the program and students, including students with disabil- this section shall provide, to the extent fea- the specific approaches to be used to meet ities, and teachers. sible and appropriate, for the participation the needs described in subparagraph (A); ‘‘(3) FACTORS.—Factors which may be con- of students and teachers in private elemen- ‘‘(C) describe the methods to be used to sidered in evaluating the success of programs tary and secondary schools in programs and evaluate the outcomes and effectiveness of funded under this section may include— activities under this section. the program; ‘‘(A) discipline issues; ‘‘SEC. 10103. PROMOTING SCHOLAR-ATHLETE ‘‘(D) describe the collaborative efforts to ‘‘(B) student performance; COMPETITIONS. be undertaken with institutions of higher ‘‘(C) participation in extracurricular ac- ‘‘(a) IN GENERAL.—The Secretary is author- education, businesses, labor organizations, tivities; ized to award a grant to a nonprofit organi- community groups, social service agencies, ‘‘(D) parental and community involvement; zation to reimburse such organization for and other public or private entities to en- ‘‘(E) faculty and administration involve- the costs of conducting scholar-athlete hance the program and promote school- ment; games. linked services integration;

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.020 pfrm09 PsN: S03PT1 S3422 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(E) describe collaborative efforts with in- able under this section in any fiscal year ‘‘(3) the extent of involvement of teachers stitutions of higher education which specifi- shall be used for administrative costs to and other school personnel in investigating, cally seek to enhance or improve graduate carry out this section. designing, implementing and sustaining the programs specializing in the preparation of ‘‘(d) DEFINITIONS.—For purposes of this sec- smaller learning community; elementary school counselors, school psy- tion: ‘‘(4) the process to be used for involving chologists, and school social workers; ‘‘(1) SCHOOL COUNSELOR.—The term ‘school students, parents and other stakeholders in ‘‘(F) document that the applicant has the counselor’ means an individual who has doc- the development and implementation of the personnel qualified to develop, implement, umented competence in counseling children smaller learning community; and administer the program; and adolescents in a school setting and ‘‘(5) any cooperation or collaboration ‘‘(G) describe how any diverse cultural pop- who— among community agencies, organizations, ulations, if applicable, would be served ‘‘(A) possesses State licensure or certifi- businesses, and others to develop or imple- through the program; cation granted by an independent profes- ment a plan to create the smaller learning ‘‘(H) assure that the funds made available sional regulatory authority; community; under this section for any fiscal year will be ‘‘(B) in the absence of such State licensure ‘‘(6) the training and professional develop- used to supplement and, to the extent prac- or certification, possesses national certifi- ment activities that will be offered to teach- ticable, increase the level of funds that cation in school counseling or a specialty of ers and others involved in the activities as- would otherwise be available from non-Fed- counseling granted by an independent profes- sisted under this section; eral sources for the program described in the sional organization; or ‘‘(7) the goals and objectives of the activi- application, and in no case supplant such ‘‘(C) holds a minimum of a master’s degree ties assisted under this section, including a funds from non-Federal sources; and in school counseling from a program accred- description of how such activities will better ‘‘(I) assure that the applicant will appoint ited by the Council for Accreditation of enable all students to reach challenging an advisory board composed of parents, Counseling and Related Educational Pro- State content standards and State student school counselors, school psychologists, grams or the equivalent. performance standards; school social workers, other pupil services ‘‘(2) SCHOOL PSYCHOLOGIST.—The term ‘‘(8) the methods by which the applicant personnel, teachers, school administrators, ‘school psychologist’ means an individual will assess progress in meeting such goals and community leaders to advise the local who— and objectives; educational agency on the design and imple- ‘‘(A) possesses a minimum of 60 graduate ‘‘(9) if the smaller learning community ex- mentation of the program. semester hours in school psychology from an ists as a school-within-a-school, the relation- ‘‘(c) USE OF FUNDS.— institution of higher education and has com- ship, including governance and administra- ‘‘(1) IN GENERAL.—Grant funds under this pleted 1,200 clock hours in a supervised tion, of the smaller learning community to section shall be used to initiate or expand el- school psychology internship, of which 600 the rest of the school; ementary school counseling programs that hours shall be in the school setting; ‘‘(10) a description of the administrative comply with the requirements in paragraph ‘‘(B) possesses State licensure or certifi- and managerial relationship between the ap- (2). cation in school psychology in the State in plicant and the smaller learning community, ‘‘(2) PROGRAM REQUIREMENTS.—Each pro- which the individual works; or including how such applicant will dem- gram assisted under this section shall— ‘‘(C) in the absence of such State licensure onstrate a commitment to the continuity of ‘‘(A) be comprehensive in addressing the or certification, possesses national certifi- the smaller learning community, including personal, social, emotional, and educational needs of all students; cation by the National School Psychology the continuity of student and teacher assign- ‘‘(B) use a developmental, preventive ap- Certification Board. ment to a particular learning community; proach to counseling; ‘‘(3) SCHOOL SOCIAL WORKER.—The term ‘‘(11) how the applicant will coordinate or ‘‘(C) increase the range, availability, quan- ‘school social worker’ means an individual use funds provided under this section with tity, and quality of counseling services in who— other funds provided under this Act or other the elementary schools of the local edu- ‘‘(A)(i) holds a master’s degree in social Federal laws; cational agency; work from a program accredited by the ‘‘(12) grade levels or ages of students who ‘‘(D) expand counseling services only Council on Social Work Education; and will participate in the smaller learning com- through qualified school counselors, school ‘‘(ii) is licensed or certified by the State in munity; and psychologists, and school social workers; which services are provided; or ‘‘(13) the method of placing students in the ‘‘(E) use innovative approaches to increase ‘‘(B) in the absence of such State licensure smaller learning community, such that stu- children’s understanding of peer and family or certification, possesses national certifi- dents are not placed according to ability, relationships, work and self, decision- cation as a school social work specialist performance or any other measure, so that making, academic and career planning, or to granted by an independent professional orga- students are placed at random or by their improve social functioning; nization. own choice, not pursuant to testing or other ‘‘(F) provide counseling services that are ‘‘(4) SUPERVISOR.—The term ‘supervisor’ judgments. well-balanced among classroom group and means an individual who has the equivalent ‘‘(c) AUTHORIZED ACTIVITIES.—Funds under small group counseling, individual coun- number of years of professional experience in this section may be used— seling, and consultation with parents, teach- such individual’s respective discipline as is ‘‘(1) to study the feasibility of creating the ers, administrators, and other pupil services required of teaching experience for the su- smaller learning community as well as effec- personnel; pervisor or administrative credential in the tive and innovative organizational and in- ‘‘(G) include inservice training for school State of such individual. structional strategies that will be used in counselors, school social workers, school ‘‘SEC. 10105. SMALLER LEARNING COMMUNITIES. the smaller learning community; psychologists, other pupil services personnel, ‘‘(a) PROGRAM AUTHORIZED.— ‘‘(2) to research, develop and implement teachers, and instructional staff; ‘‘(1) IN GENERAL.—The Secretary may strategies for creating the smaller learning ‘‘(H) involve parents of participating stu- award grants to eligible entities to support community, as well as effective and innova- dents in the design, implementation, and the development of smaller learning commu- tive changes in curriculum and instruction, evaluation of a counseling program; nities. geared to high State content standards and ‘‘(I) involve collaborative efforts with in- ‘‘(2) ELIGIBLE ENTITIES.—In this section, State student performance standards; stitutions of higher education, businesses, the term ‘eligible entity’ means— ‘‘(3) to provide professional development labor organizations, community groups, so- ‘‘(A) a local educational agency; for school staff in innovative teaching meth- cial service agencies, or other public or pri- ‘‘(B) an elementary or secondary school; ods that challenge and engage students and vate entities to enhance the program and ‘‘(C) a Bureau funded school; or will be used in the smaller learning commu- promote school-linked services integration; ‘‘(D) any of the entities described in sub- nity; and and paragraph (A), (B), or (C) in partnership with ‘‘(4) to develop and implement strategies ‘‘(J) evaluate annually the effectiveness other public agencies or private nonprofit or- to include parents, business representatives, and outcomes of the counseling services and ganizations. local institutions of higher education, com- activities assisted under this section. ‘‘(b) APPLICATIONS.—A eligible entity desir- munity-based organizations, and other com- ‘‘(3) REPORT.—The Secretary shall issue a ing a grant under this section shall submit munity members in the smaller learning report evaluating the programs assisted pur- an application to the Secretary at such time, communities, as facilitators of activities suant to each grant under this subsection at in such manner, and accompanied by such in- that enable teachers to participate in profes- the end of each grant period in accordance formation as the Secretary may require. sional development activities, as well as to with section 10301. Each such application shall describe— provide links between students and their ‘‘(4) DISSEMINATION.—The Secretary shall ‘‘(1) strategies and methods the applicant community. make the programs assisted under this sec- will use to create the smaller learning com- ‘‘(d) EVALUATION AND REPORT.—A recipient tion available for dissemination, either munity; of a grant under this section shall provide through the National Diffusion Network or ‘‘(2) curriculum and instructional prac- the Secretary with an annual report that other appropriate means. tices, including any particular themes or contains a description of— ‘‘(5) LIMIT ON ADMINISTRATION.—Not more emphases, to be used in the learning environ- ‘‘(1) the specific uses of grants funds re- than five percent of the amounts made avail- ment; ceived under this section; and

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.020 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3423 ‘‘(2) evidence of the impact of the grant on shall use such amount to carry out part B of under this part, including the submission of student performance and school safety. title X (as such part was in effect on the day an annual report to the Secretary that de- ‘‘SEC. 10106. NATIONAL STUDENT AND PARENT before the date of enactment of the Edu- scribes the number of students served and MOCK ELECTION. cational Excellence for All Children Act of the education activities assisted under the ‘‘(a) IN GENERAL.—The Secretary is author- 2000). grant; ized to award grants to national nonprofit, ‘‘SEC. 10205. ALLOTMENT TO STATES. ‘‘(5) providing technical assistance under nonpartisan organizations that work to pro- ‘‘(a) RESERVATION.—From the funds appro- this part; and mote voter participation in American elec- priated under section 10204(a) for any fiscal ‘‘(6) supplementing, but not supplanting, tions to enable such organizations to carry year, the Secretary shall reserve not more the amount of State and local funds ex- out voter education activities for students than 1 percent for payments to the outlying pended for the education of, and related serv- and their parents. Such activities shall— areas to be allotted to the outlying areas in ices provided for, the education of gifted and ‘‘(1) be limited to simulated national elec- accordance with their respective needs for talented students. tions that permit participation by students assistance under this part. ‘‘(b) PARENTAL SUPPORT.—A State edu- and parents from all 50 States in the United ‘‘(b) ALLOTMENT.—From the funds appro- cational agency shall not use more than 2 States and territories, including Department priated under section 10204(a) that are not percent of the funds made available under reserved under subsection (a), the Secretary of Defense Dependent schools and other this part for providing information, edu- shall allot to each State an amount that international locales where United States cation, and support to parents of gifted and bears the same relation to the funds as the citizens are based; and talented children to enhance the parents’ school-age population of the State bears to ‘‘(2) consist of— ability to participate in decisions regarding the school-age population of all States, ex- ‘‘(A) school forums and local cable call-in their children’s educational programs. shows on the national issues to be voted cept that no State shall receive an allotment that is less than 0.50 percent of the funds. ‘‘SEC. 10208. DISTRIBUTION TO LOCAL EDU- upon in an ‘‘issue forum’’; ‘‘(c) GRANDFATHER CLAUSE.—If the amount CATIONAL AGENCIES. ‘‘(B) speeches and debates before students appropriated under section 10204(a) for a fis- ‘‘(a) GRANT COMPETITION.—A State edu- and parents by local candidates or stand-ins cal year is $50,000,000 or more, then the Sec- cational agency shall use not less than 88 for such candidates; retary shall use such amount to continue to percent of the funds made available under ‘‘(C) quiz team competitions, mock press make grant or contract payments to each this part to award grants, on a competitive conferences and speechwriting competitions; entity that was awarded a multiyear grant basis, to local educational agencies or con- ‘‘(D) weekly meetings to follow the course or contract under this part B (as such part sortia thereof to support programs, classes, of the campaign; or was in effect on the day before the date of and other services designed to meet the ‘‘(E) school and neighborhood campaigns to enactment of the Educational Excellence for needs of gifted and talented students. increase voter turnout, including news- All Children Act of 2000) for the duration of ‘‘(b) SIZE OF GRANT.—A State educational letters, posters, telephone chains, and trans- the grant or contract award. agency shall award a grant under this part portation. ‘‘SEC. 10206. STATE APPLICATIONS. for any fiscal year in an amount sufficient to ‘‘(b) REQUIREMENTS.—Each organization re- ‘‘(a) APPLICATION REQUIREMENTS.—Any meet the needs of the students to be served ceiving a grant under this section shall— State that desires to receive assistance under the grant. ‘‘(1) present awards to outstanding student under this part shall submit to the Secretary and parent mock election projects; and ‘‘SEC. 10209. LOCAL APPLICATION REQUIRE- an application that— MENTS. ‘‘(2) record all votes at least 5 days prior to ‘‘(1) designates the State educational agen- the date of the general election.’’. ‘‘(a) APPLICATION.—To be eligible to re- cy as the agency responsible for the adminis- ceive a grant under this part the local edu- PART B—GIFTED AND TALENTED tration and supervision of programs assisted cational agency or consortium shall submit CHILDREN under this part; an application to the State educational SEC. 1010. GIFTED AND TALENTED CHILDREN ‘‘(2) contains an assurance of the State agency. Part B of title X (20 U.S.C. 8031 et seq.) is educational agency’s ability to provide ‘‘(b) CONTENTS.—Each such application matching funds for the activities to be as- amended to read as follows: shall include— sisted under this part in an amount equal to ‘‘PART B—GIFTED AND TALENTED ‘‘(1) an assurance that the funds received not less than 20 percent of the grant funds to CHILDREN under this part will be used to identify and be received, provided in cash or in-kind; support gifted and talented students, includ- ‘‘SEC. 10201. SHORT TITLE. ‘‘(3) provides for a biennial submission of ‘‘This part may be cited as the ‘Jacob K. ing gifted and talented students from all eco- data regarding the use of funds under this Javits Gifted and Talented Students Edu- nomic, ethnic, and racial backgrounds, in- part, the types of services furnished under cation Act’. cluding such students of limited English pro- this part, and how the services impacted the ficiency, and such students with disabilities; ‘‘SEC. 10202. STATEMENT OF PURPOSE. individuals assisted under this part; ‘‘(2) a description of how the local edu- ‘‘(a) PURPOSE.—The purpose of this part ‘‘(4) provides that the State educational cational agency or consortium will meet the is— agency will keep such records and provide educational needs of gifted and talented stu- ‘‘(1) to provide grants to State educational such information to the Secretary as may be dents, including the training of personnel in agencies and local public schools for the sup- required for fiscal audit and program evalua- the education of gifted and talented stu- port of programs, classes, and other services tion (consistent with all State educational dents. designed to meet the needs of the Nation’s agency fiscal audit and program evaluation gifted and talented students in elementary responsibilities under this Act); ‘‘SEC. 10210. LOCAL USES OF FUNDS. schools and secondary schools; ‘‘(5) contains an assurance that there is ‘‘Grants awarded under this part shall be ‘‘(2) to encourage the development of rich compliance with the requirements of this used by local educational agencies or con- and challenging curricula for all students part; and sortia to carry out 1 or more of the following through the appropriate application and ad- ‘‘(6) provides for timely public notice and activities to benefit gifted and talented stu- aptation of materials and instructional public dissemination of the data submitted dents: methods developed under this part; and pursuant to paragraph (3). ‘‘(1) PROFESSIONAL DEVELOPMENT PRO- ‘‘(3) to supplement and make more effec- ‘‘(b) DURATION AND AMENDMENTS.—An ap- GRAMS.—Developing and implementing pro- tive the expenditure of State and local funds plication filed by the State under subsection grams to address State and local needs for for the education of gifted and talented stu- (a) shall be for a period not to exceed 3 years. inservice training activities for general edu- dents. ‘‘SEC. 10207. STATE USES OF FUNDS. cators, specialists in gifted and talented edu- ‘‘SEC. 10203. CONSTRUCTION. ‘‘(a) IN GENERAL.—A State educational cation, administrators, school counselors, or ‘‘Nothing in this part shall be construed to agency shall not use more than 10 percent of other school personnel. prohibit a recipient of funds under this part the funds made available under this part ‘‘(2) IDENTIFICATION OF STUDENTS.—Delivery from serving gifted and talented students si- for— of services to gifted and talented students multaneously with students with similar ‘‘(1) establishment and implementation of who may not be identified and served educational needs, in the same educational a peer review process for grant applications through traditional assessment methods, in- setting where appropriate. under this part; cluding economically disadvantaged individ- ‘‘SEC. 10204. AUTHORIZATION OF APPROPRIA- ‘‘(2) supervision of the awarding of funds to uals, individuals of limited English pro- TIONS; TRIGGER. local educational agencies or consortia ficiency, and individuals with disabilities. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— thereof to support gifted and talented stu- ‘‘(3) MODEL PROJECTS.—Supporting and im- There are authorized to be appropriated to dents from all economic, ethnic, and racial plementing innovative strategies such as co- carry out this part $155,000,000 for fiscal year backgrounds, including such students of lim- operative learning, service learning, peer tu- 2001 and such sums as may be necessary for ited English proficiency and such students toring, independent study, and adapted cur- each of the 4 succeeding fiscal years. with disabilities; riculum used by schools or consortia. ‘‘(b) TRIGGER.—Notwithstanding any other ‘‘(3) planning, supervision, and processing ‘‘(4) EMERGING TECHNOLOGIES.—Assisting provision of this part, if the amount appro- of funds made available under this section; schools or consortia of schools, that do not priated under subsection (a) for a fiscal year ‘‘(4) monitoring, evaluation, and dissemi- have the resources to otherwise provide gift- is less than $50,000,000, then the Secretary nation of programs and activities assisted ed and talented courses, to provide the

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.020 pfrm09 PsN: S03PT1 S3424 CONGRESSIONAL RECORD — SENATE May 3, 2000 courses through new and emerging tech- ‘‘(3) Effective high schools are places where professional development of participating nologies, including distance learning cur- students feel safe, the school is free of drugs, educators and provision of in-depth aca- riculum packages, except that funds under and the classrooms are disciplined environ- demic, career, and college counseling. this part shall not be used for the purchase ments where all students can learn. High ‘‘(b) PURPOSES.—The purposes of this part or upgrading of technological hardware. schools are increasingly larger places where are to— ‘‘SEC. 10211. PARTICIPATION OF PRIVATE students feel increasingly disconnected from ‘‘(1) support the planning and implementa- SCHOOL CHILDREN AND TEACHERS. adults and often from their peers, particu- tion of educational reforms in high schools, ‘‘In awarding grants under this part the larly in urban and suburban areas. Research particularly in urban and rural high schools Secretary shall ensure, where appropriate, shows that when students feel connected to that educate concentrations of students from that provision is made for the equitable par- school and to their parents, they are less low-income families, in order to— ticipation of students and teachers in pri- likely than other adolescents to suffer from ‘‘(A) meet the needs of students at risk of vate, nonprofit elementary schools and sec- emotional distress, have suicidal thoughts failing to achieve to challenging standards, ondary schools, including the participation and behaviors, use violence, and smoke ciga- by strengthening curriculum and instruc- of teachers and other personnel in profes- rettes, drink alcohol, or smoke marijuana. tion, offering extended learning opportuni- sional development programs serving such ‘‘(4) Research and national data collections ties, and providing professional development children. indicate that many high schools do not suc- opportunities to school staff; and ‘‘SEC. 10212. ESTABLISHMENT OF NATIONAL CEN- ceed in meeting both the academic and de- ‘‘(B) improve title I schoolwide programs TER. velopmental needs of students. For in high schools; ‘‘(a) PURPOSE.—The purposes of a National example— ‘‘(2) support the further development of Center for Research and Development in the ‘‘(A) more than 20 percent of Americans, educational reforms, designed specifically Education of Gifted and Talented Children ages 25 through 29, do not have a regular for high schools, that— and Youth are— high school diploma; ‘‘(A) help students meet challenging State ‘‘(1) to develop, disseminate, and evaluate ‘‘(B) on the most recent international as- standards; and model projects and activities for serving sessment of mathematics and science knowl- ‘‘(B) increase connections between stu- gifted and talented students; edge, the Third International Mathematics dents and adults and provide safe learning ‘‘(2) to conduct research regarding innova- and Science Study (TIMSS), American 12th- environments; tive methods for identifying and educating graders outperformed students from only ‘‘(3) create positive incentives for serious gifted and talented students; and two of the 21 other participating Nations. A change in high schools, by offering rewards ‘‘(3) to provide technical assistance pro- comparison of these assessment results with to participating schools that achieve signifi- grams that will further the education of gift- 4th-grade and 8th-grade TIMSS scores indi- cant improvements in student achievement; ed and talented students, including how gift- cates that American students lose ground ‘‘(4) increase the national knowledge base ed and talented programs, where appro- during the high school years; on effective high school reforms by identi- priate, may be adapted for use by all stu- ‘‘(C) recent results from National Assess- fying the most effective approaches and dis- dents. ment of Educational Progress reading assess- seminating information on those approaches ‘‘(b) CENTER ESTABLISHED.—The Secretary ments for 12th-graders indicate improvement so that they can be adopted nationally; and shall establish a National Center for Re- in the performance of higher-achieving stu- ‘‘(5) support the implementation of reforms search and Development in the Education of dents, but no improvement in the scores for in at least 5,000 American high schools by Gifted and Talented Children and Youth the lowest-achieving students; the year 2007. through grants to or contracts with 1 or ‘‘(D) the problems facing high schools are particularly prevalent in schools that enroll ‘‘SEC. 10302. GRANTS TO LOCAL EDUCATIONAL more institutions of higher education, State AGENCIES. concentrations of minority students and stu- educational agencies, or a consortia of such ‘‘(a) GRANTS AUTHORIZED.—The Secretary dents from low-income families; and institutions and agencies. may make grants to local educational agen- ‘‘(E) relatively few high schools are under- ‘‘(c) DIRECTOR.—The National Center shall cies, on a competitive basis, for activities, taking serious, standards-based educational have a Director. The Secretary may author- consistent with this part, carried out in ize the Director to carry out such functions reforms. For instance, most of the initiatives carried out through the Comprehensive their high schools. of the National Center as may be agreed ‘‘(b) DURATION.—Each grant under this sec- School Reform Demonstrations program upon through arrangements with other insti- tion shall be for a period of up to three tutions of higher education, and State edu- have been at the elementary level. ‘‘(5) Because of changes made by the Im- years. cational agencies or local educational agen- ‘‘(c) LIMITATION.—The Secretary shall not proving America’s Schools Act of 1994, high cies. provide assistance under this part to any schools now receive significantly more title ‘‘(d) GRANDFATHER CLAUSE.—If the amount high school under more than one grant. appropriated under section 10204(a) for a fis- I funding than was the case before, and the ‘‘SEC. 10303. APPLICATIONS. cal year is $50,000,000 or more, then the Sec- number of high schools operating title I ‘‘(a) APPLICATIONS REQUIRED.—A local edu- retary shall use such amount to continue to schoolwide programs has increased. However, cational agency that desires to receive a make grant or contract payments to each evaluations indicate that title I, by itself, grant under this part shall submit an appli- entity that was awarded a multiyear grant has not yet resulted in significant reforms in cation at such time, in such manner, and or contract under section 10204(c) (as such high schools. High schools now have the op- containing such information as the Sec- section was in effect on the day before the portunity to use title I funds to leverage retary may determine. date of enactment of the Educational Excel- Federal, State, and local funds to implement ‘‘(b) CONTENTS.—Each such application lence for All Children Act of 2000) for the du- education reforms. shall, for each high school for which assist- ration of the grant or contract award. ‘‘(6) High school reforms can be effective. ance is sought— ‘‘(e) FUNDING.—The Secretary may use not For example, schools participating in the ‘‘(1) identify the school and describe its more than 30 percent of the funds made Southern Regional Education Board ‘High need for assistance under this part; available under section 10204(a) for any fiscal Schools that Work’ program, a whole-school, ‘‘(2) include— year to carry out this section.’’. research-based reform initiative, have shown significant improvement in reading and ‘‘(A) a preliminary plan for grades above PART C—HIGH SCHOOL REFORM mathematics scores. The Johns Hopkins Uni- 8th grade in the school that describes the SEC. 1021. HIGH SCHOOL REFORM. versity Talent Development model has dem- educational reforms that will take place, as Title X (20 U.S.C. 8001 et seq.) is amended onstrated promising results at its initial im- well as the specific activities to be carried by inserting after part B the following: plementation site. The schools implementing out with grant funds; and ‘‘PART C—HIGH SCHOOL REFORM locally based reforms and participating in ‘‘(B) an assurance that the local edu- ‘‘SEC. 10301. FINDINGS AND PURPOSES. the Department of Education’s ‘New Amer- cational agency will have a final plan for ‘‘(a) FINDINGS.—Congress makes the fol- ican High Schools’ initiative have generally those reforms and activities within six lowing findings: achieved improved outcomes in graduation, months of receiving a grant under this part; ‘‘(1) All high school students must obtain attendance, and achievement. and the academic foundations needed for further ‘‘(7) A variety of approaches to high school ‘‘(3) demonstrate that a substantial per- education and training, and to succeed in an reform, geared to local conditions and needs, centage of administrators, teachers, and stu- economy that is increasingly characterized can be effective. These approaches include dents at the school, as well as parents of stu- by global competition, evolving tech- ‘schools within schools’ and other innova- dents and other members of the community, nologies, and high demands for a skilled, lit- tions that create smaller learning environ- were (and will be) involved in developing and erate, and adaptable workforce. ments and involve adults more fully in the carrying out that plan. ‘‘(2) To be effective, high schools must not lives of students, ‘career academies’ and ‘‘SEC. 10304. SELECTION OF GRANTEES. only prepare students academically, they other approaches that structure learning ‘‘(a) IN GENERAL.—The Secretary shall se- must also ensure that students are con- around careers, partnerships that pair lect grantees, using a peer-review process, on necting with adults and are receiving the schools with businesses or institutions of the basis of— necessary supports to continue their per- higher education, and reforms that reorga- ‘‘(1) the relative need of each high school sonal and interpersonal growth during this nize the school day. In addition, most suc- for which assistance is sought, considering critical transition stage. cessful reforms include a strong focus on the such factors as the percentage of students

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.020 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3425 who are from low-income families, student from the local educational agency, as docu- ‘‘SEC. 10308. CONSTRUCTION. achievement data, dropout rates, and attend- mented in its application; ‘‘Nothing in this Act shall be construed to ance rates; and ‘‘(4) make full and effective use of the re- prohibit recruiters for the Armed Forces of ‘‘(2) the quality of applications, including sources that the school receives under other the United States from receiving the same the likelihood that the proposed reforms will Federal programs; access to secondary school students, and to succeed. ‘‘(5) make use of outside experts in high- directory information concerning such stu- ‘‘(b) APPLICATIONS FOR MORE THAN ONE school reform, unless the local educational dents, as is provided to postsecondary edu- HIGH SCHOOL.—In case of a meritorious appli- agency demonstrates in its application, to cational institutions or to prospective em- cation that requests assistance for more the Secretary’s satisfaction, that the ployers of such students, because all stu- than one high school, the Secretary may ap- school’s reform strategy can be implemented dents should have access to high quality con- prove the application for any number of effectively without outside assistance; tinuing education or service opportunities. those schools. ‘‘(6) include professional development of ‘‘SEC. 10309. DEFINITION OF HIGH SCHOOL. ‘‘(c) SPECIAL RULES.—In approving applica- school staff, including development of the ‘‘In this part, the term ‘high school’ means tions under this section, the Secretary skills needed to use student achievement and any school that serves students in 12th shall— other outcome data to refine and improve grade. ‘‘(1) to the extent possible, award a major- the educational reform strategy; and ‘‘SEC. 10310. AUTHORIZATION OF APPROPRIA- ity of grants under this part to assist high ‘‘(7) provide for collecting data on, and TIONS. schools that participate in programs under evaluating, the reforms and for reporting to ‘‘For the purpose of carrying out this part, part A of title I of this Act or serve high-pov- the Secretary on the results of those evalua- there are authorized to be appropriated such erty school attendance areas; and tions. sums as may be necessary for fiscal year 2001 ‘‘(2) equitably distribute grants among the ‘‘SEC. 10306. PRIVATE SCHOOLS. and each of the four succeeding fiscal geographic regions of the Nation and among ‘‘(a) PROFESSIONAL DEVELOPMENT.—Each years.’’. urban and rural local educational agencies. grantee under section 10304 shall, in accord- PART D—ARTS IN EDUCATION ance with sections 11803 through 11806, pro- ‘‘SEC. 10305. PRINCIPLES AND COMPONENTS OF SEC. 1031. ARTS IN EDUCATION. EDUCATIONAL REFORMS. vide for the equitable participation of pri- Section 10401 (20 U.S.C. 8091) is amended— vate school personnel in the professional de- ‘‘(a) PRINCIPLES.—Each grantee under this (1) in subsection (d)— velopment activities it carries out with part shall ensure that the reforms it carries (A) by redesignating paragraphs (9) and (10) grant funds. as paragraphs (10) and (11), respectively; and out under this part are designed so that each ‘‘(b) INFORMATION.—If a grantee uses grant (B) by inserting immediately after para- assisted high school— funds to develop curricular materials, it graph (8) the following new paragraph: ‘‘(1) is a place where students receive indi- shall make information about those mate- ‘‘(9) supporting model arts and cultural vidual attention and support, through such rials available to private schools at their re- programs for at-risk children and youth, par- strategies as creating smaller learning envi- quest. ticularly programs that use arts and culture ronments, such as ‘schools within schools’ ‘‘SEC. 10307. ADDITIONAL ACTIVITIES. to promote students’ academic progress;’’; and career academies and providing students ‘‘From the amount available to carry out and with counselors and mentors; this part for any fiscal year under section (2) by amending subsection (f) to read as ‘‘(2) provides all students in the school 10310, the Secretary shall reserve the amount with challenging coursework, aligned with he finds appropriate to carry out one or more follows: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— State content and performance standards, of the following: For the purpose of carrying out this part, through such strategies as the use of tech- ‘‘(1) INCENTIVE AWARDS.—(A)(i) The Sec- there are authorized to be appropriated such nology to enhance academic instruction and retary shall select a random sample of sums as may be necessary for fiscal year 2001 the establishment or expansion of inter- schools from each of the first two years’ co- and each of the four succeeding fiscal national baccalaureate programs or ad- horts of grantees, along with a similarly se- years.’’. vanced placement programs; lected control group of comparable schools, ‘‘(3) is a place where students are moti- to participate in an incentive-based experi- PART E—EXCELLENCE IN ECONOMIC vated to learn, through such strategies as ment, under which the Secretary makes in- EDUCATION applied learning and linking the arts, music, centive payments to teachers and adminis- SEC. 1041. EXCELLENCE IN ECONOMIC EDU- and cultural opportunities with the school, trators in the grantee schools if, after three CATION. both during and after the normal school day; years of program participation, their stu- Part E of title X (20 U.S.C. 8031 et seq.) is ‘‘(4) enables students to receive an edu- dents demonstrate significant gains in stu- amended to read as follows: cation that is continuous and integrated, dent educational outcomes compared to the ‘‘PART E—EXCELLENCE IN ECONOMIC through such strategies as partnerships with gains made in the schools in the control EDUCATION middle schools and institutions of higher group. ‘‘SEC. 10501. SHORT TITLE; FINDINGS. education; ‘‘(ii) If those significant gains continue, ‘‘(a) SHORT TITLE.—This part may be cited ‘‘(5) helps students achieve their edu- the Secretary may make further incentive as the ‘Excellence in Economic Education cational and career goals, through such payments to those teachers and administra- Act of 2000’. strategies as integrated academic and voca- tors for up to two additional years. ‘‘(b) FINDINGS.—Congress makes the fol- tional instruction that connects students ‘‘(B) The Secretary shall base determina- lowing findings: with career opportunities; and tions of student educational outcomes on ‘‘(1) The need for economic literacy in the ‘‘(6) functions as a center for the commu- multiple measures, including scores on State United States has grown exponentially in nity, through such strategies as increasing assessments. the 1990’s as a result of rapid technological the involvement of parents, employers, and ‘‘(C) The maximum amount of an incentive advancements and increasing globalization, others in the community. award under this paragraph is $3,000 per giving individuals in the United States more ‘‘(b) REQUIRED COMPONENTS.—In order to teacher and administrator per year, which numerous and complex economic and finan- institutionalize the principles described in may be used by those individuals for any cial choices than ever before as members of subsection (a), each grantee under this part purpose. the workforce, managers of their families’ shall use funds that are provided on behalf of ‘‘(2) RECOGNITION, DISSEMINATION, NET- resources, and voting citizens. a high school to implement (and, if nec- WORKS, AND PEER REVIEW.—The Secretary ‘‘(2) Individuals in the United States lack essary, to use not more than six months to may— essential economic knowledge, as dem- complete the planning and development of) ‘‘(A) recognize high schools and high onstrated in a 1998–1999 test conducted for research-based educational reform strategies school reforms that show outstanding re- the National Council on Economic Edu- throughout the entire school that— sults; cation, a private nonprofit organization. The ‘‘(1) in the case of a school with a ‘‘(B) disseminate information on those test results indicated the following: schoolwide program under part A of title I, schools and reforms; ‘‘(A) Students and adults alike lack a basic build on and improve the schoolwide reform ‘‘(C) carry out other activities to encour- understanding of core economic concepts program; age the spread and adoption of successful such as scarcity of resources and inflation, ‘‘(2) address the needs of students who are high school reform strategies; with less than half of those tested dem- at risk of failing to be promoted to the next ‘‘(D) facilitate the creation of networks onstrating knowledge of those basic con- grade or to graduate, including— among participating schools and local edu- cepts. ‘‘(A) covering material that students need cational agencies, which may include schools ‘‘(B) A little more than 1⁄3 of those tested to master in order to pass State-mandated and local educational agencies interested in realize that society must make choices exit exams; and meeting the purpose of this part; and about how to use resources. ‘‘(B) strengthening curriculum, instruc- ‘‘(E) pay the costs of the peer review of ap- ‘‘(C) Only 1⁄3 of those tested understand tion, and assessments and by offering ex- plications under this part. that active competition in the marketplace tended learning opportunities such as after- ‘‘(3) EVALUATION.—The Secretary may reserves to lower prices and improve product school, weekend, and summer programs; serve funds, consistent with section 11911, to quality. ‘‘(3) are implemented at the school level, evaluate activities carried out under this ‘‘(D) Slightly more than 1⁄2 of adults in the but include strong support and assistance part. United States and less than 1⁄4 of students in

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.020 pfrm09 PsN: S03PT1 S3426 CONGRESSIONAL RECORD — SENATE May 3, 2000 the United States know that a Federal budg- conducted as part of the Campaign for Eco- dents to become more productive and in- et deficit is created when the Federal Gov- nomic Literacy led by the National Council formed citizens; ernment’s expenditures exceed its revenues on Economic Education, will help individ- ‘‘(2) to strengthen teachers’ understanding in a year. uals become informed consumers, conscien- of and competency in economics to enable ‘‘(E) Overall, adults received a grade of 57 tious savers, prudent investors, productive the teachers to increase student mastery of percent on the test and secondary school stu- workforce members, responsible citizens, and economic principles and their practical ap- dents received a grade of 48 percent on the effective participants in the global economy. plication; test. ‘‘(8)(A) Founded in 1949, the National Coun- ‘‘(3) to encourage economic education re- ‘‘(F) Despite these poor results, the test cil on Economic Education is the preeminent search and development, to disseminate ef- findings pointed out that individuals in the economic education organization in the fective instructional materials, and to pro- United States realize the need for under- United States, having a nationwide network mote replication of best practices and exem- standing basic economic concepts, with 96 that supports economic education in the Na- plary programs that foster economic lit- percent of adults tested believing that basic tion’s schools by working with States, local eracy; economics should be taught in secondary educational agencies, and schools. ‘‘(4) to assist States in measuring the im- school. ‘‘(B) This network supports teacher pre- pact of education in economics, which is 1 of ‘‘(3) A range of trends points to the need paredness in economics through— 9 national core content areas described in for individuals in the United States to re- ‘‘(i) inservice teacher education; section 306(c) of the Goals 2000: Educate ceive a practical economics education that ‘‘(ii) classroom-tested materials and appro- America Act (20 U.S.C. 5886(c)) (as such sec- will give the individuals tools to make re- priate curricula; tion was in effect on the day preceding the sponsible choices about their limited finan- ‘‘(iii) evaluation, assessment, and research date of enactment of the Educational Excel- cial resources, and about the range of eco- on economics education; and lence for All Children Act of 2000); nomic choices which face all people regard- ‘‘(iv) suggested content standards for eco- ‘‘(5) to extend strong economic education less of their financial circumstances. Exam- nomics. delivery systems to every State; and ples of the trends include the following: ‘‘(9) The National Council on Economic ‘‘(6) to leverage and expand private and ‘‘(A) The number of personal bankruptcies Education network includes affiliated State public support for economic education part- in the United States rose and set new records Councils on Economic Education and more nerships at national, State, and local levels. in the 1990’s, despite the longest peacetime than 275 university or college-based Centers ‘‘SEC. 10503. GRANT PROGRAM AUTHORIZED. economic expansion in United States his- for Economic Education. This network rep- tory. One in every 70 United States house- resents a unique partnership among leaders ‘‘(a) GRANTS TO THE NATIONAL COUNCIL ON holds filed for bankruptcy in 1998. Rising in education, business, economics, and labor, ECONOMIC EDUCATION.— bankruptcies have an impact on the cost and the purpose of which is to effectively deliver ‘‘(1) IN GENERAL.—The Secretary is author- availability of consumer credit which in turn economic education throughout the United ized to award a grant to the National Coun- negatively affect overall economic growth. States. cil on Economic Education (referred to in ‘‘(B) Credit card delinquencies in the ‘‘(10) Each year the National Council on this section as the ‘grantee’), which is a non- United States rose to 1.83 percent in 1998, Economic Education network trains 120,000 profit educational organization that has as which is a percentage not seen since 1992 teachers, reaching more than 7,000,000 stu- its primary purpose the improvement of the when the effects of a recession were still dents. By strengthening the Council’s na- quality of student understanding of econom- strong. tionwide network, the Council can reach ics through effective teaching of economics ‘‘(C) The personal savings rate in the more of the Nation’s 53,000,000 students. in the Nation’s classrooms. United States over the 5 years ending in 1998 ‘‘(11) The National Council on Economic ‘‘(2) USE OF GRANT FUNDS.— averaged only 4.5 percent. In the third quar- Education conducts an international eco- ‘‘(A) ONE-QUARTER.—The grantee shall use 1 ter of 1999, the personal savings rate dropped nomic education program that provides in- ⁄4 of the funds made available through the to 1.8 percent. A decline in savings rates re- formation on market principles to the world grant and not reserved under subsection (f) duces potential investment and economic (particularly emerging democracies) through for a fiscal year— growth. teacher training, materials translation and ‘‘(i) to strengthen and expand the grantee’s ‘‘(D) By 2030, the number of older persons development, study tours, conferences, and nationwide network on economic education; in the United States will grow to 70,000,000, research and evaluation. As a result of those ‘‘(ii) to support and promote training, of more than twice the number of older persons activities, the National Council on Economic teachers who teach a grade from kinder- in the United States in 1997. The additional Education is helping to support educational garten through grade 12, regarding econom- older persons will add significantly to the reform and build economic education infra- ics, including the dissemination of informa- population of retirees in the United States structures in emerging market economies, tion on effective practices and research find- and require a shift in private and public re- and reinforcing the national interest of the ings regarding the teaching of economics; sources to attend to their specific needs. The United States. ‘‘(iii) to support research on effective needs of this population will have dramatic, ‘‘(12) Evaluation results of economics edu- teaching practices and the development of long-term economic consequences for young- cation activities support the following con- assessment instruments to document stu- er generations of individuals in the United clusions: dent performance; States workforce who will need to plan well ‘‘(A) Inservice education in economics for ‘‘(iv) to develop and disseminate appro- in order to support their families and ensure teachers contributes significantly to stu- priate materials to foster economic literacy; for themselves a secure retirement. dents’ gains in economic knowledge. and ‘‘(4) The third National Education Goal ‘‘(B) Secondary school students who have ‘‘(v) to coordinate activities assisted under designates economics as 1 of 9 core content taken economics courses perform signifi- this section with activities assisted under areas in which teaching, learning, and stu- cantly better on tests of economic literacy title II. dents’ mastery of basic and advanced skills than do their counterparts who have not ‘‘(B) THREE-QUARTERS.—The grantee shall 3 must improve. taken economics. use ⁄4 of the funds made available through ‘‘(5) The National Council on Economic ‘‘(C) Economics courses contribute signifi- the grant and not reserved under subsection Education presents a compelling case for cantly more to gains in economic knowledge (f) for a fiscal year to award grants to State doing more to meet the need for economic than does integration of economics into economic education councils, or in the case literacy. While an understanding of econom- other subjects. of a State that does not have a State eco- ics is necessary to help the next generation ‘‘(13) Through partnerships, the National nomic education council, a center for eco- to think, choose, and function in a changing Council on Economic Education network nomic education (which council or center global economy, economics has too often leverages support for its mission by raising shall be referred to in this section as a ‘re- been neglected in schools. more than $35,000,000 annually for economic cipient’). The grantee shall award such a ‘‘(6) States’ requirements for economic and education from the private sector, univer- grant to pay for the Federal share of the cost personal finance education are insufficient sities, and States. of enabling the recipient to work in partner- as evidenced by the fact that, while 39 States ship with 1 or more of the entities described ‘‘SEC. 10502. EXCELLENCE IN ECONOMIC EDU- have adopted educational standards (includ- CATION. in paragraph (3) for 1 or more of the fol- ing guidelines or proficiencies) in ‘‘(a) PURPOSE.—The purpose of this part is lowing purposes: economics— to promote economic literacy among all ‘‘(i) Collaboratively establishing and con- ‘‘(A) only 13 of those States require all stu- United States students in kindergarten ducting teacher training programs that use dents to take a course in economics before through grade 12 by enhancing national lead- effective and innovative approaches to the graduating from secondary school; ership in economic education through the teaching of economics. ‘‘(B) only 25 States administer tests to de- strengthening of a nationwide economic edu- ‘‘(ii) Providing resources to school districts termine whether students meet the economic cation network and the provision of re- that want to incorporate economics into the standards; and sources to appropriate State and local enti- curricula of the schools in the districts. ‘‘(C) only 27 States require that the eco- ties. ‘‘(iii) Conducting evaluations of the impact nomic standards be implemented in schools. ‘‘(b) GOALS.—The goals of this part are— of economic education on students. ‘‘(7) Improved and enhanced national, ‘‘(1) to increase students’ knowledge of and ‘‘(iv) Conducting economic education re- State, and local economic education efforts, achievement in economics to enable the stu- search.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.021 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3427 ‘‘(v) Creating and conducting school-based by such information as the Secretary may ‘‘(4)(A) to ensure the effective coordination student activities to promote consumer, eco- require. of resources for library, technology, and pro- nomic, and personal finance education, such ‘‘(2) RECIPIENTS.— fessional development activities for elemen- as saving, investing, and entrepreneurial ‘‘(A) IN GENERAL.—To be eligible to receive tary schools and secondary schools; and education, and to encourage awareness and a grant under this section, a recipient shall ‘‘(B) to ensure collaboration between student achievement in economics. submit an application to the grantee at such school library media specialists, and elemen- ‘‘(vi) Establishing interstate and inter- time, in such manner, and accompanied by tary school and secondary school teachers national student and teacher exchanges to such information as the grantee may re- and administrators, in developing cur- promote economic literacy. quire. riculum-based instructional activities for ‘‘(vii) Encouraging replication of best prac- ‘‘(B) REVIEW.—The grantee shall invite the students so that school library media spe- tices to encourage economic literacy. individuals described in subparagraph (C) to cialists are partners in the learning process ‘‘(C) ADDITIONAL REQUIREMENTS AND TECH- review all applications from recipients for a of students. NICAL ASSISTANCE.—The grantee shall— grant under this section and to make rec- ‘‘Chapter 1—Library Media Resources ‘‘(i) meet such other requirements as the ommendations to the grantee regarding the ‘‘SEC. 10605. STATE ALLOTMENTS. Secretary determines to be necessary to as- funding of the applications. ‘‘The Secretary shall allot to each eligible sure compliance with this section; and ‘‘(C) INDIVIDUALS.—The individuals referred ‘‘(ii) provide such technical assistance as to in subparagraph (B) are the following: State educational agency for a fiscal year an may be necessary to carry out this section. ‘‘(i) Leaders in the fields of economics and amount that bears the same relation to the ‘‘(3) PARTNERSHIP ENTITIES.—The entities education. amount appropriated under section 5170 and referred to in paragraph (2)(B) are the fol- ‘‘(ii) Such other individuals as the grantee not reserved under section 5169 for the fiscal lowing: determines to be necessary. year as the amount the State educational ‘‘(A) A private sector entity. ‘‘(f) SPECIAL RULE.—For each State that agency received under part A of title I for ‘‘(B) A State educational agency. does not have a recipient in the State, as de- the preceding fiscal year bears to the ‘‘(C) A local educational agency. termined by the grantee, not less than the amount all State educational agencies re- ‘‘(D) An institution of higher education. greater of 1.5 percent or $100,000 of the total ceived under part A of title I for the pre- ‘‘(E) Another organization promoting eco- amount appropriated under subsection (i), ceding fiscal year. nomic development. for 1 fiscal year, shall be made available to ‘‘SEC. 10606. STATE APPLICATIONS. ‘‘(F) Another organization promoting edu- the State to pay for the Federal share of the ‘‘To be eligible to receive an allotment cational excellence. cost of establishing a State council on eco- under section 5161 for a State for a fiscal ‘‘(4) ADMINISTRATIVE COSTS.—The grantee nomic education or a center for economic year, the State educational agency shall sub- and each recipient receiving a grant under education in partnership with a private sec- mit to the Secretary an application at such this section for a fiscal year may use not tor entity, an institution of higher edu- time, in such manner, and containing such more than 25 percent of the funds made cation, the State educational agency, and information as the Secretary shall require. available through the grant for administra- other organizations. The application shall contain a description tive costs. ‘‘(g) SUPPLEMENT AND NOT SUPPLANT.— of— ‘‘(b) TEACHER TRAINING PROGRAMS.— Funds appropriated under this section shall ‘‘(1) the manner in which the State edu- ‘‘(1) IN GENERAL.—In carrying out the be used to supplement and not supplant cational agency will use the needs assess- teacher training programs described in sub- other Federal, State, and local funds ex- ment described in section 5165 and poverty section (a)(2)(B) a recipient shall— pended for the purpose described in section data to allocate funds made available ‘‘(A) train teachers who teach a grade from ll6(a). through the allotment to the local edu- kindergarten through grade 12; ‘‘(h) REPORT.—The Secretary shall prepare cational agencies in the State with the ‘‘(B) conduct programs taught by qualified and submit to the appropriate committees of greatest need for school library media im- teacher trainers who can tap the expertise, Congress a report regarding activities as- provement; knowledge, and experience of classroom sisted under this section not later than 2 ‘‘(2) the manner in which the State edu- teachers, private sector leaders, and other years after the date funds are first appro- cational agency will effectively coordinate members of the community involved, for the priated under subsection (i) and every 2 all Federal and State funds available for li- training; and years thereafter. brary, technology, and professional develop- ‘‘(C) encourage teachers from disciplines ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ment activities to assist local educational other than economics to participate in such There are authorized to be appropriated to agencies, elementary schools, and secondary teacher training programs, if the training carry out this part $10,000,000 for fiscal year schools in— will promote the economic understanding of 2001, and such sums as may be necessary for ‘‘(A) acquiring up-to-date school library their students. each of the 4 succeeding fiscal years.’’. media resources in all formats, including ‘‘(2) RELEASE TIME.—Funds made available PART F—ELEMENTARY AND SECONDARY books and advanced technology such as under this section for the teacher training SCHOOL LIBRARY MEDIA RESOURCES Internet connections; programs described in subparagraphs (A) and SEC. 1051. ELEMENTARY AND SECONDARY ‘‘(B) providing training for school library (B) of subsection (a)(2) may be used to pay SCHOOL LIBRARY MEDIA RE- media specialists; and for release time for teachers and teacher SOURCES. ‘‘(C) facilitating resource-sharing among trainers who participate in the training. Part F of title X (20 U.S.C. 8001 et seq.), is schools and school library media centers; ‘‘(c) INVOLVEMENT OF BUSINESS COMMU- amended to read as follows: ‘‘(3) the manner in which the State edu- NITY.—In carrying out the activities assisted ‘‘PART F—ELEMENTARY AND SECONDARY cational agency will develop standards for under this part the grantee and recipients SCHOOL LIBRARY MEDIA RESOURCES. the incorporation of new technologies into are encouraged to— ‘‘SEC. 10601. SHORT TITLE. the curricula of elementary schools and sec- ‘‘(1) include interactions with the local ondary schools through school library media business community to the fullest extent ‘‘This subpart may be cited as the ‘Elemen- tary and Secondary School Library Media programs to develop and enhance the infor- possible, to reinforce the connection between mation literacy, information retrieval, and economic education and economic develop- Resources, Training, and Advanced Tech- nology Assistance Act’. critical thinking skills of students; and ment; and ‘‘(4) the manner in which the State edu- ‘‘SEC. 10602. PURPOSE. ‘‘(2) work with private businesses to obtain cational agency will evaluate the quality ‘‘The purposes of this subpart are— matching contributions for Federal funds and impact of activities carried out under ‘‘(1) to improve academic achievement of and assist recipients in working toward self- this subpart by local educational agencies to students by providing students with insufficiency. make determinations regarding the need of ‘‘(d) FEDERAL SHARE.— creased access to up-to-date school library the agencies for technical assistance and ‘‘(1) IN GENERAL.—The Federal share of the materials, a well-equipped, technologically whether to continue funding the agencies cost described in subsection (a)(2)(B) shall be advanced school library media center, and under this subpart. 50 percent. The Federal share of the cost of well-trained, professionally certified school establishing a State council on economic library media specialists; ‘‘SEC. 10607. STATE RESERVATION. education or a center for economic education ‘‘(2) to support the acquisition of up-to- ‘‘A State educational agency that receives under subsection (f), for 1 fiscal year only, date school library media resources for the an allotment under section 5161 may reserve shall be 75 percent. use of students, school library media special- not more than 3 percent of the funds made ‘‘(2) NON-FEDERAL SHARE.—The non-Federal ists, and teachers in elementary schools and available through the allotment to provide share may be paid in cash or in kind, fairly secondary schools; technical assistance, disseminate informa- evaluated, including plant, equipment, or ‘‘(3) to provide school library media spe- tion about effective school library media services. cialists with the tools and training opportu- programs, and pay administrative costs, re- ‘‘(e) APPLICATIONS.— nities necessary for the specialists to facili- lating to this subpart. ‘‘(1) GRANTEE.—To be eligible to receive a tate the development and enhancement of ‘‘SEC. 10608. LOCAL ALLOCATIONS. grant under this section, the grantee shall the information literacy, information re- ‘‘(a) IN GENERAL.—A State educational submit to the Secretary an application at trieval, and critical thinking skills of stu- agency that receives an allotment under sec- such time, in such manner, and accompanied dents; and tion 5161 for a fiscal year shall use the funds

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.021 pfrm09 PsN: S03PT1 S3428 CONGRESSIONAL RECORD — SENATE May 3, 2000 made available through the allotment and ‘‘(4) to provide professional development ‘‘(2) have effectively coordinated services not reserved under section 5163 to make allo- opportunities for school library media spe- and funding with entities involved in other cations to local educational agencies. cialists; and Federal, State, and local efforts, to provide ‘‘(b) AGENCIES.—The State educational ‘‘(5) to foster increased collaboration be- programs and activities for students during agency shall allocate the funds to the local tween school library media specialists and the non-school hours described in subsection educational agencies in the State that elementary school and secondary school (a); and have— teachers and administrators. ‘‘(3) have a high level of community sup- ‘‘(1) the greatest need for school library ‘‘SEC. 10611. ACCOUNTABILITY AND CONTINU- port. media improvement according to the needs ATION OF FUNDS. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— assessment described in section 5165; and ‘‘Each local educational agency that re- There are authorized to be appropriated to ‘‘(2) the highest percentages of poverty, as ceives funding under this chapter for a fiscal carry out this chapter $25,000,000 for fiscal measured in accordance with section year shall be eligible to continue to receive year 2000 and such sums as may be necessary 1113(a)(5). the funding— for each of fiscal years 2001 through 2004.’’. PART G—FOREIGN LANGUAGE ‘‘SEC. 10609. LOCAL APPLICATION. ‘‘(1) for each of the 2 following fiscal years; and ASSISTANCE PROGRAM ‘‘To be eligible to receive an allocation ‘‘(2) for each fiscal year subsequent to the SEC. 1061. FOREIGN LANGUAGE ASSISTANCE under section 5164 for a fiscal year, a local 2 following fiscal years, if the local edu- PROGRAM. educational agency shall submit to the State cational agency demonstrates that the agen- Part G of title X (20 U.S.C. 8601 et seq.) is educational agency an application at such cy has increased— amended to read as follows: time, in such manner, and containing such ‘‘(A) the availability of, and the access of ‘‘PART G—FOREIGN LANGUAGE information as the State educational agency students, school library media specialists, ASSISTANCE PROGRAM shall require. The application shall contain— and elementary school and secondary school ‘‘(1) a needs assessment relating to need for ‘‘SEC. 10701. FINDINGS; PURPOSE. teachers to, up-to-date school library media ‘‘(a) FINDINGS.—Congress finds that: school library media improvement, based on resources, including books and advanced ‘‘(1) Increased fluency in languages other the age and condition of school library media technology, in elementary schools and sec- than English is necessary if the United resources (including book collections), ac- ondary schools served by the local edu- States is to compete effectively in a global cess of school library media centers to ad- cational agency; economy. vanced technology, including Internet con- ‘‘(B) the number of well-trained, profes- ‘‘(2) Four out of five new jobs in the United nections, and the availability of well- sionally certified school library media spe- States are created from foreign trade. trained, professionally certified school li- cialists in those schools; and ‘‘(3) The optimum time to begin learning a brary media specialists, in schools served by ‘‘(C) collaboration between school library second language is in elementary school, the local educational agency; media specialists and elementary school and when children have the greatest ability to ‘‘(2) a description of the manner in which secondary school teachers and administra- learn and excel in foreign languages. the local educational agency will use the tors for those schools. ‘‘(4) Foreign language study can increase needs assessment to assist schools with the ‘‘SEC. 10612. SUPPLEMENT NOT SUPPLANT. children’s capacity for critical and creative greatest need for school library media im- thinking, and children who study a second provement; ‘‘Funds made available under this chapter language show greater cognitive develop- ‘‘(3) a description of the manner in which shall be used to supplement and not supplant ment in such areas as mental flexibility, cre- the local educational agency will use the other Federal, State, and local funds ex- ativity, tolerance, and higher-order thinking funds provided through the allocation to pended to carry out activities relating to li- skills. carry out the activities described in section brary, technology, or professional develop- ‘‘(5) Children who have studied a foreign 5166; ment activities. language in elementary school score higher ‘‘(4) a description of the manner in which ‘‘SEC. 10613. NATIONAL ACTIVITIES. on standardized tests of reading, language the local educational agency will develop ‘‘The Secretary shall reserve not more arts, and mathematics than children who and carry out the activities described in sec- than 3 percent of the amount appropriated have not studied a foreign language. tion 5166 with the extensive participation of under section 5170 for a fiscal year— ‘‘(6) The United States lags behind other school library media specialists, elementary ‘‘(1) for an annual, independent, national developed countries in offering foreign lan- school and secondary school teachers and ad- evaluation of the activities assisted under guage study to elementary and secondary ministrators, and parents; this chapter, to be conducted not later than school students. ‘‘(5) a description of the manner in which 3 years after the date of enactment of this ‘‘(7) While research suggests that students the local educational agency will effectively chapter; and more easily acquire foreign languages when coordinate— ‘‘(2) to broadly disseminate information to instruction begins in the early grades, fewer ‘‘(A) funds provided under this chapter help States, local educational agencies, than one-third of elementary schools in the with the Federal, State, and local funds re- school library media specialists, and elemen- United States offer foreign language instruc- ceived by the agency for library, technology, tary school and secondary school teachers tion. and professional development activities; and and administrators learn about effective ‘‘(8) Of those elementary schools that do ‘‘(B) activities carried out under this chap- school library media programs. offer foreign language instruction, most ter with the Federal, State, and local li- ‘‘SEC. 10614. AUTHORIZATION OF APPROPRIA- offer only an introductory exposure to the brary, technology, and professional develop- TIONS. foreign language. ment activities carried out by the local edu- ‘‘There are authorized to be appropriated ‘‘(9) Few elementary school foreign lan- cational agency; and to carry out this chapter $250,000,000 for fis- guage programs are coordinated with sec- ‘‘(6) a description of the manner in which cal year 2000 and such sums as may be nec- ondary school foreign language programs to the local educational agency will collect and essary for each of fiscal years 2001 through promote transitions that build on student analyze data on the quality and impact of 2004. knowledge of the foreign language. activities carried out under this chapter by ‘‘Chapter 2—School Library Access Program ‘‘(10) Foreign language teachers have a schools served by the local educational agen- ‘‘SEC. 10621. PROGRAM. continuing need for professional develop- cy. ‘‘(a) IN GENERAL.—The Secretary may ment that provides opportunities to improve ‘‘SEC. 10610. LOCAL ACTIVITIES. make grants to local educational agencies to their language competence and their teach- ‘‘A local educational agency that receives provide students with access to libraries in ing skills in the language they teach. This a local allocation under section 5164 may use elementary schools and secondary schools need is particularly important for elemen- the funds made available through the during non-school hours, including the hours tary school teachers, most of whom have no allocation— before and after school, on weekends, and specialized training or certification to teach ‘‘(1) to acquire up-to-date school library during summer vacation periods. languages at that level. media resources, including books, for the use ‘‘(b) APPLICATIONS.—To be eligible to re- ‘‘(11) The next generation of advanced com- of students, school library media specialists, ceive a grant under subsection (a), a local puters and telecommunications technology and teachers in elementary schools and sec- educational agency shall submit an applica- has a tremendous potential for improving ac- ondary schools; tion to the Secretary at such time, in such cess to foreign language instruction and the ‘‘(2) to acquire and utilize advanced tech- manner, and containing such information as quality of that instruction at the elementary nology, incorporated into the curricula of the Secretary may require. level. the schools, to develop and enhance the in- ‘‘(c) PRIORITY.—In making grants under ‘‘(12) It is a national goal that 25 percent of formation literacy, information retrieval, subsection (a), the Secretary shall give pri- all public elementary schools offer high- and critical thinking skills of students; ority to local educational agencies that dem- quality, comprehensive foreign language pro- ‘‘(3) to acquire and utilize advanced tech- onstrate, in applications submitted under grams by 2005, and that 50 percent offer such nology, including Internet links, to facili- subsection (b), that the agencies— programs by 2010. Such programs should be tate resource-sharing among schools and ‘‘(1) seek to provide activities that will in- designed to achieve language proficiency, school library media centers, and public and crease reading skills and student achieve- aligned with State foreign language stand- academic libraries, where possible; ment; ards, and available to all students (including

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.021 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3429 students with limited English proficiency programs that use educational technologies provides information on the project’s and students with disabilities), and should and technology applications (including such progress in reaching its goals. ensure effective coordination between ele- technologies and applications as multimedia ‘‘(2) A local educational agency that re- mentary and secondary school foreign lan- software, web-based resources, digital tele- ceives a grant under this section shall in- guage instruction. vision, and virtual reality and wireless tech- clude in its report under paragraph (1), infor- ‘‘(b) PURPOSE.—It is the purpose of this nologies) to deliver instruction or profes- mation on students’ gains in comprehending, part to expand, improve the quality of, and sional development, or to assess students’ speaking, reading, and writing a foreign lan- enhance foreign language programs at the el- foreign language proficiency; and guage, and shall compare such educational ementary school level, including programs ‘‘(G) collecting data on and evaluating the outcomes to the State’s foreign language that recruit and train qualified elementary elementary school foreign language pro- standards, if such State standards exist. school foreign language teachers, by grams in the State and activities carried out ‘‘(f) FEDERAL SHARE.—(1) The Federal supporting— with the grant. share for each fiscal year of a program under ‘‘(1) State efforts to encourage and support ‘‘(2) Grants to local educational agencies this section shall be not more than 50 per- such programs; under this section shall be used for activities cent. ‘‘(2) The Secretary may waive the require- ‘‘(2) local implementation of innovative to develop and implement high-quality, ment of paragraph (1) for any local edu- programs that meet local needs; and standards-based elementary school foreign cational agency that the Secretary deter- ‘‘(3) the identification and dissemination of language programs, which may include— mines does not have adequate resources to information on best practices in elementary ‘‘(A) curriculum development and imple- pay the non-Federal share of the cost of the school foreign language education. mentation; activities assisted under this section. ‘‘SEC. 10702. ELEMENTARY SCHOOL FOREIGN ‘‘(B) professional development for teachers LANGUAGE ASSISTANCE PROGRAM. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— and other staff; (1) For the purpose of carrying out this sec- ‘‘(a) AUTHORITY.—(1) From funds appro- ‘‘(C) partnerships with institutions of high- priated under subsection (g) for any fiscal tion, there are authorized to be appropriated er education to provide for the preparation such sums as may be necessary for fiscal year, the Secretary is authorized to make of the teachers needed to implement pro- grants to State educational agencies and to year 2001 and for each of the four succeeding grams under this section; fiscal years. local educational agencies for the Federal ‘‘(D) efforts to coordinate elementary share of the cost of the activities set forth in ‘‘(2) For any fiscal year, the Secretary may school foreign language instruction with sec- subsection (b). reserve up to five percent of the amount ap- ‘‘(2) Each grant under paragraph (1) shall ondary-level foreign language instruction, propriated under paragraph (1) to— be awarded for a period of three years. and to provide students with a smooth tran- ‘‘(A) conduct independent evaluations of ‘‘(3) A State educational agency may re- sition from elementary to secondary pro- the activities assisted under this section; ceive a grant under paragraph (1) if it— grams; ‘‘(B) provide technical assistance to recipi- ‘‘(A) has established, or is establishing, ‘‘(E) implementation of instructional ap- ents of awards under this section; and State standards for foreign language instruc- proaches that make use of advanced edu- ‘‘(C) disseminate findings and methodolo- tion; or cational technologies; and gies from evaluations required by, or funded ‘‘(B) requires the public elementary ‘‘(F) collection of data on, and evaluation under, this section and other information ob- schools of the State to provide foreign lan- of, the activities carried out under the grant, tained from such programs.’’. guage instruction. including assessment, at regular intervals, of PART H—21ST CENTURY COMMUNITY ‘‘(4) A local educational agency may re- participating students’ proficiency in the LEARNING CENTERS ceive a grant under paragraph (1) if the pro- foreign language studied. SEC. 1071. 21ST CENTURY COMMUNITY LEARNING gram proposed in its application under sub- ‘‘(3) SPECIAL RULE.—Efforts under para- CENTERS. section (c)— graph (2)(D) may include support for the ex- Part I of title X (20 U.S.C. 8061 et seq.) is ‘‘(A) shows promise of being continued be- pansion of secondary school instruction, so amended to read as follows: long as that instruction is part of an articu- yond the grant period; ‘‘PART H—21ST CENTURY COMMUNITY lated elementary-through-secondary school ‘‘(B) would demonstrate approaches that LEARNING CENTERS can be disseminated to, and duplicated by, foreign language program that is designed to other local educational agencies; result in student fluency in a foreign lan- ‘‘SEC. 10901. SHORT TITLE. ‘‘This part may be cited as the ‘‘21st Cen- ‘‘(C) would include performance measure- guage. tury Community Learning Centers Act’’. ments and assessment systems that measure ‘‘(c) APPLICATIONS.—(1) Any State edu- students’ proficiency in a foreign language; cational agency or local educational agency ‘‘SEC. 10902. PURPOSE. and desiring to receive a grant under this section It is the purpose of this part— ‘‘(D) would use a curriculum that is shall submit an application to the Secretary ‘‘(1) to provide local public schools, pri- aligned with State standards, if the State at such time, in such form, and containing marily in low income, rural, and inner-city has such standards. such information and assurances, as the Sec- communities, with the opportunity to estab- ‘‘(b) AUTHORIZED ACTIVITIES.—(1) Grants to retary may require. lish and develop centers that— State educational agencies under this sec- ‘‘(2) Each application shall include descrip- ‘‘(A) provide supervised care during non- tion shall be used to support programs that tions of— school hours and extended learning opportu- promote the implementation of high-quality ‘‘(A) the goals that the applicant intends nities to students, including students with foreign language programs in the elementary to accomplish through the project, disabilities, to assist such students in meet- schools of the State, which may include— including— ing challenging State and academic stand- ‘‘(A) developing foreign language standards ‘‘(i) for applications submitted by State ards and developing personal, social, health and assessments that are aligned with those educational agencies, the goal of ensuring and related competencies; and standards; the availability of qualified elementary ‘‘(B) deliver education and human services ‘‘(B) supporting the efforts of institutions school foreign language teachers throughout for all members of communities served by of higher education within the State to de- the State; and the public schools; velop programs to prepare the elementary ‘‘(ii) for applications submitted by local ‘‘(2) to enable public schools to collaborate school foreign language teachers needed in educational agencies, the goal of enabling all with other public and nonprofit agencies and schools within the State and to recruit can- participating students to become proficient organizations, community-based organiza- didates to prepare for, and assume, such in a foreign language; tions, local businesses, educational entities teaching positions; ‘‘(B) the activities to be carried out (such as vocational and adult education pro- ‘‘(C) developing new certification require- through the project; and grams, school-to-work programs, community ments for elementary school foreign lan- ‘‘(C) how the applicant will determine the colleges, and universities), recreational, cul- guage teachers, including requirements that extent to which its project meets its goals. tural, and other community and human serv- allow for alternative routes to certification; ‘‘(d) PRIORITIES.—In awarding grants under ice entities, to meet the needs of, and expand ‘‘(D) providing technical assistance to this section, the Secretary may establish one the opportunities available to, the residents local educational agencies in the State in de- or more priorities consistent with the pur- of the communities served by such schools; veloping, implementing, or improving ele- pose of this part, including priorities for ‘‘(3) to use school facilities, equipment, and mentary school foreign language programs, projects carried out by local educational resources so that communities can promote including assistance to ensure effective co- agencies that— a more efficient use of public education fa- ordination with, and transition of students ‘‘(1) provide immersion programs in which cilities, especially in low income, rural, and among, elementary, middle, and secondary instruction is in the foreign language for a inner-city communities where limited finan- schools; major portion of the day; or cial resources have enhanced the necessity ‘‘(E) disseminating information on prom- ‘‘(2) promote the sequential study of a for- for local public schools to become social ising or effective practices in elementary eign language for students, beginning in ele- service centers; school foreign language instruction and sup- mentary schools. ‘‘(4) to enable schools to become centers of porting educator networks that help improve ‘‘(e) REPORTS.—(1) A State educational lifelong learning; and that instruction; agency or local educational agency that re- ‘‘(5) to enable schools to provide edu- ‘‘(F) stimulating the development and dis- ceives a grant under this section shall sub- cational opportunities for individuals of all semination of information on instructional mit to the Secretary an annual report that ages.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.021 pfrm09 PsN: S03PT1 S3430 CONGRESSIONAL RECORD — SENATE May 3, 2000

‘‘SEC. 10903. ALLOTMENT TO STATES. ‘‘(c) APPROVAL.—The Secretary shall ap- school to serve as a center for the delivery of ‘‘(a) RESERVATION.—From the amounts approve a State application submitted under education and human services for members propriated under section 10911 for each fiscal subsection (a) if the Secretary determines of a community; year, the Secretary shall reserve— that the application satisfies the require- ‘‘(2) an evaluation of the needs, available ‘‘(1) not to exceed 1 percent of such amount ments of this part and demonstrates promise resources, and goals and objectives for the in each fiscal year to make payments to the for accomplishing the purposes of this part. proposed project in order to determine which outlying areas and to the Bureau for Indian ‘‘SEC. 10905. LIMITATIONS ON USE OF FUNDS. activities will be undertaken to address such Affairs to be allotted in accordance with ‘‘(a) IN GENERAL.—A State educational needs; their respective needs for assistance under agency may use not to exceed 5 percent of ‘‘(3) a description of the proposed project, this subpart as determined by the Secretary; the amount of the State allotment under including— ‘‘(2) not to exceed 2.5 percent of such section 10903(b) for— ‘‘(A) a description of the mechanism that amounts in each fiscal year to carry out na- ‘‘(1) the establishment and implementation will be used to disseminate information in a tional activities under section 10909; and of a peer review process for grant applica- manner that is understandable and acces- ‘‘(3) amounts in each fiscal year as may be tions; sible to the community; necessary to make continuation awards for ‘‘(2) the supervision of the awarding of ‘‘(B) a description of the manner in which projects that were funded using amount ap- funds to local education agencies; the applicant will coordinate existing Fed- propriated in fiscal years 1999 and 2000, under ‘‘(3) the planning, supervision, and proc- eral, State, and local programs operating in the terms and conditions that applied to the essing of funds made available under this the community and at schools in order to original awards for such projects. part; and use most effectively the resources available ‘‘(b) ALLOTMENTS.—From amounts appro- ‘‘(4) monitoring activities. to support the project; priated under section 10911 for a fiscal year ‘‘(b) EVALUATIONS AND TECHNICAL ASSIST- ‘‘(C) a description of staff qualifications and remaining after amounts are reserved ANCE.—A State educational agency shall use and ratios of staff to program participants; under subsection (a), the Secretary shall 3 percent of the amount of the State allot- ‘‘(D) an assurance that collaborative ef- allot to each State an amount determined by ment under section 10903(b) for— forts will be undertaken with community- the Secretary based on the relative amounts ‘‘(1) the evaluation of programs and activi- based organizations, related public agencies, that each State received under subpart 2 of ties assisted under this part; and businesses, or other appropriate organiza- part A of title I for the fiscal year imme- ‘‘(2) providing technical assistance and tions; diately preceding the fiscal year for which training under this part, including both ‘‘(E) a description of how the program will the allotment is being made, except that no provide services in a manner that will meet State shall receive an amount that is less State and locally based technical assistance. ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Funds the needs of working families; than 1⁄2 of 1 percent of such remaining made available under this part shall be used ‘‘(F) a description of the manner in which amount. to supplement, and not supplant, non-Fed- the program will assist students in meeting ‘‘SEC. 10904. STATE APPLICATION. eral funds expended to carry out services or challenging State academic standards; ‘‘(a) APPLICATION REQUIREMENTS.—A State, activities authorized by this part. ‘‘(G) a description of the manner in which through the State educational agency, that the program will assist students in devel- desires to receive an allotment under this ‘‘SEC. 10906. DISTRIBUTION TO SCHOOLS. oping personal, social, health, and related part shall submit to the Secretary an appli- ‘‘(a) DISTRIBUTION RULES.— competencies; cation that— ‘‘(1) IN GENERAL.—A State educational ‘‘(H) an assurance that the local edu- ‘‘(1) describes the competitive procedures agency shall use not less than 92 percent of cational agency will serve schools with the to be used by the State for ensuring that the the amount of the State allotment under highest percentage of low-income students; programs carried out with amounts provided section 10903(b) to award grants, on a com- ‘‘(I) a description of how the community under this part will be high quality and serve petitive basis, to local educational agencies, learning center will serve as a delivery cen- schools and communities with a substantial consortia of local educational agencies, or ter for existing and new services, especially need for expanded learning opportunities and consortia of local educational agencies with for interactive telecommunication used for a need for supervised care during non-school community-based organizations, acting on education and professional training; and hours, including those with— behalf of public elementary or secondary ‘‘(J) an assurance that the public elemen- ‘‘(A) a high proportion of low achieving schools to enable such agencies to plan, im- tary or secondary school will establish a fa- students; plement, or expand community learning cen- cility utilization policy that specifically ‘‘(B) a lack of resources; and ters that address the educational, health, so- states— ‘‘(C) other needs in the larger community cial service, cultural, and recreational needs ‘‘(i) the rules and regulations applicable to consistent with this part; of the local community and provide care dur- building and equipment use; and ‘‘(2) describes the manner in which the ing non-school hours and expanded learning ‘‘(ii) supervision guidelines; State will ensure the implementation of ef- opportunities for students. ‘‘(4) information that demonstrates that, fective strategies for providing community ‘‘(2) URBAN AND RURAL AREAS.—In awarding unless waived by the State for applicants learning centers with technical assistance, grants under this subsection, a State edu- from low-income areas, the applicant will training, and other information and support; cational agency shall ensure that both urban provide at least 20 percent of the cost of the ‘‘(3) provides for the annual submission of and rural areas of the State are served. project to be carried out with the grant from data regarding the use of funds under this ‘‘(3) MINIMUM AMOUNT.—A State edu- other sources, which may include other Fed- part, including data on the activities pro- cational agency shall not award a grant eral funds and may be provided in cash or in- vided and populations served, and such other under this subsection in any fiscal year in an kind, beginning in the second year and in information as the Secretary may require; amount that is less than $75,000 each of the following years of the grant ‘‘(4) provides that the State educational ‘‘(4) DURATION.—A State educational agen- award period; agency will keep such records and provide cy shall award grants under this subsection ‘‘(5) an assurance that the applicant will, such information to the Secretary as may be for a period not to exceed 5 years. in each fiscal year, expend from non-Federal required for fiscal audits and program eval- ‘‘(b) PRIORITY.—In awarding grants under sources at least as much for the services pro- uation (consistent with all State educational subsection (a) the State educational agency vided with assistance made available under agency fiscal audit and program evaluation shall give priority to applicants that intend this part as it expended in the preceding fis- responsibilities required under this Act); to use grant funds to— cal year; and ‘‘(5) contains a description of the manner ‘‘(1) serve schools and school districts with ‘‘(6) information on the manner in which in which the State will coordinate existing a high percentage or large number of chil- the applicant will continue the project after Federal, State, and local programs focused dren in need of services as indicated by high the completion of the grant period. on similar results in order to make the most levels of poverty, juvenile delinquency, poor ‘‘SEC. 10908. LOCAL USES OF FUNDS. effective use of the resources available, in- student achievement, or other need-related ‘‘(a) IN GENERAL.—Grants awarded under cluding resources from health and safety indicators; and section 10906(a) may be used to implement or programs; ‘‘(2) carry out projects that offer a broad expand community learning centers which ‘‘(6) describes the manner in which the selection of services that address the needs shall include supervised care during non- State will evaluate the effectiveness of the of the community to be served. school hours and extended learning opportu- program (carried out with funds received ‘‘SEC. 10907. LOCAL APPLICATION REQUIRED. nities and which shall include not less than under this part); ‘‘To be eligible to receive a grant under 3 of the following activities: ‘‘(7) contains an assurance that the State this part, a local educational agency, consor- ‘‘(1) Literacy education programs. educational agency will comply with the re- tium of local educational agencies, or con- ‘‘(2) Senior citizen programs. quirements of this part; and sortium of local educational agencies with ‘‘(3) Integrated education, health, social ‘‘(8) provides for timely public notice and community-based organizations shall submit service, recreational, or cultural programs. public dissemination of the data submitted an application to the State educational ‘‘(4) Summer and weekend school programs pursuant to paragraph (3). agency. Each such application shall in conjunction with recreation programs. ‘‘(b) PERIOD OF APPLICATION.—An applica- include— ‘‘(5) Nutrition and health programs. tion filed by the State under subsection (a) ‘‘(1) a comprehensive local plan that en- ‘‘(6) Expanded library service hours to shall be effective for a period of 5 years. ables a public elementary or secondary serve community needs.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00156 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.021 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3431 ‘‘(7) Telecommunications and technology PART I—INITIATIVES FOR NEGLECTED, ‘‘(II) in community day programs for ne- education programs for individuals of all DELINQUENT, OR AT RISK STUDENTS glected or delinquent children and youth; ages. SEC. 1081. INITIATIVES FOR NEGLECTED, DELIN- and ‘‘(8) Parenting skills education programs. QUENT, OR AT RISK STUDENTS. ‘‘(B) 40 percent of the average per-pupil ex- ‘‘(9) Training for providers of supervised Part J of title X (20 U.S.C. 8271 et seq.) is penditure in the State, except that the care during non-school hours. amended to read as follows: amount determined under this subparagraph ‘‘(10) Employment counseling, training, ‘‘PART J—INITIATIVES FOR NEGLECTED, shall not be less than 32 percent, nor more and placement. DELINQUENT, OR AT RISK STUDENTS than 48 percent, of the average per-pupil ex- ‘‘(11) Services for individuals who leave ‘‘Subpart 1—Prevention and Intervention penditure in the United States. school before graduating from secondary Programs for Children and Youth Who Are ‘‘(2) SPECIAL RULE.—The number of ne- school, regardless of the age of such indi- Neglected, Delinquent, or at Risk of Drop- glected or delinquent children and youth de- vidual. ping Out termined under paragraph (1) shall— ‘‘(12) Services for individuals with disabil- ‘‘(A) be determined by the State agency by ‘‘SEC. 10951. PURPOSE; PROGRAM AUTHORIZED. ities. a deadline set by the Secretary, except that ‘‘(a) PURPOSE.—It is the purpose of this ‘‘(13) Community improvement programs no State agency shall be required to deter- subpart— that engage students, school staff, and com- mine the number of such children and youth ‘‘(1) to improve educational services for munity members in assessing community on a specific date set by the Secretary; and children in local and State institutions for strengths and unmet community needs and ‘‘(B) be adjusted, as the Secretary deter- neglected or delinquent children and youth designing strategies to address those needs, mines is appropriate, to reflect the relative so that such children and youth have the op- which may involve— length of such agency’s annual programs. portunity to meet the same challenging ‘‘(A) coordination between the school and ‘‘(b) SUBGRANTS TO STATE AGENCIES IN State content standards and challenging community-based organizations and agen- PUERTO RICO.—For each fiscal year, the State student performance standards that all cies; and amount of the subgrant for which a State children in the State are expected to meet; ‘‘(B) coordination with the school’s core agency in the Commonwealth of Puerto Rico ‘‘(2) to provide such children and youth curriculum, in terms of service learning or is eligible under this subpart shall be equal with the services needed to make a success- vocational education. to— ful transition from institutionalization to ‘‘(b) INTEGRATION AND COORDINATION.—With ‘‘(1) the number of children and youth further schooling or employment; and respect to the recipient of a grant under sec- counted under subsection (a)(1)(A) for the ‘‘(3) to prevent at-risk youth from dropping tion 10906(a), by the date that is not later Commonwealth of Puerto Rico; multiplied out of school and to provide dropouts and than 2 years after the date on which the re- by youth returning from institutions with a cipient received such grant, the recipient ‘‘(2) the product of— support system to ensure their continued shall demonstrate how the 4 or more activi- ‘‘(A) the percentage that the average per- education. ties required to be carried out under sub- pupil expenditure in the Commonwealth of ‘‘(b) PROGRAM AUTHORIZED.—In order to section (a) are being integrated and coordi- Puerto Rico is of the lowest average per- carry out the purpose of this subpart the pupil expenditure of any of the 50 States; and nated with each other and with other serv- Secretary shall make grants to State edu- ‘‘(B) 32 percent of the average per-pupil ex- ices in the school and community, including cational agencies to enable such agencies to penditure in the United States. with local educational agencies, local gov- award subgrants to State agencies and local ‘‘(c) RATABLE REDUCTIONS IN CASE OF IN- ernmental agencies, community-based orga- educational agencies to establish or improve SUFFICIENT APPROPRIATIONS.—If the amount nizations, vocational education programs, programs of education for neglected or delin- institutions of higher education, community appropriated for any fiscal year for sub- quent children and youth at risk of dropping grants under subsections (a) and (b) is insuf- colleges and cultural, recreational and other out of school before graduation. community and human service entities. ficient to pay the full amount for which all ‘‘SEC. 10952. PAYMENTS FOR PROGRAMS UNDER State agencies are eligible under such sub- ‘‘SEC. 10909. NATIONAL ACTIVITIES. THIS SUBPART. sections, the Secretary shall ratably reduce ‘‘The Secretary shall use funds reserved ‘‘(a) AGENCY SUBGRANTS.—Based on the al- each such amount. under section 10903(a)(2) to provide technical location amount computed under section ‘‘SEC. 10957. STATE REALLOCATION OF FUNDS. assistance, conduct evaluations, disseminate 10956, the Secretary shall allocate to each ‘‘If a State educational agency determines information, carry out activities to encour- State educational agency amounts necessary that a State agency does not need the full age the spread and adoption of successful ex- to make subgrants to State agencies under amount of the subgrant for which such State tended learning opportunities programs, pro- chapter 1. agency is eligible under this subpart for any ‘‘(b) LOCAL SUBGRANTS.—Each State shall vide for training and technical assistance fiscal year, the State educational agency retain, for purposes of carrying out chapter best practices, and to carry out other na- may reallocate the amount that will not be 2, funds generated throughout the State tional activities that support programs needed to other eligible State agencies that under this part. under part A of title I based on youth resid- need additional funds to carry out the pur- ‘‘SEC. 10910. DEFINITION. ing in local correctional facilities, or attend- pose of this subpart, in such amounts as the ‘‘In this part: ing community day programs for delinquent State educational agency shall determine. children and youth. ‘‘(1) COMMUNITY LEARNING CENTER.—The ‘‘SEC. 10958. STATE PLAN AND STATE AGENCY AP- term ‘community learning center’ means an ‘‘Chapter 1—State Agency Programs PLICATIONS. entity within a public elementary or sec- ‘‘SEC. 10955. ELIGIBILITY. ‘‘(a) STATE PLAN.— ondary school building that— ‘‘A State agency is eligible for assistance ‘‘(1) IN GENERAL.—Each State educational ‘‘(A) provides high quality expanded learn- under this chapter if such State agency is re- agency that desires to receive a grant under ing opportunities in a safe and drug-free en- sponsible for providing free public education this subpart shall submit, for approval by vironment, and also provides services that for children— the Secretary, a plan for meeting the needs address health, social service, cultural, and ‘‘(1) in institutions for neglected or delin- of neglected and delinquent children and recreational needs of the community; and quent children and youth; youth and, where applicable, children and ‘‘(B) coordinates services with public and ‘‘(2) attending community day programs youth at risk of dropping out of school, that nonprofit agencies and organizations, com- for neglected or delinquent children and is integrated with other programs under this munity-based organizations, local busi- youth; or Act, or other Acts, as appropriate, consistent nesses, educational entities (such as voca- ‘‘(3) in adult correctional institutions. with section 6506. tional and adult education programs, school- ‘‘SEC. 10956. ALLOCATION OF FUNDS. ‘‘(2) CONTENTS.—Each such State plan to-work programs, community colleges, and ‘‘(a) SUBGRANTS TO STATE AGENCIES.— shall— universities), recreational, cultural, and ‘‘(1) IN GENERAL.—Each State agency de- ‘‘(A) describe the program goals, objec- other community and human service enti- scribed in section 10955 (other than an agen- tives, and performance measures established ties. cy in the Commonwealth of Puerto Rico) is by the State that will be used to assess the ‘‘(2) SCHOOL-AGE POPULATION.—The term eligible to receive a subgrant under this sub- effectiveness of the program in improving ‘school-age population’ means the popu- part, for each fiscal year, an amount equal to academic and vocational skills of children in lation of individuals who are at least 5 years the product of— the program; of age but who are less than 19 years of age. ‘‘(A) the number of neglected or delinquent ‘‘(B) provide that, to the extent feasible, ‘‘(3) STATE.—The term ‘State’ means each children and youth described in section 10955 such children will have the same opportuni- of the several State, the District of Colum- who— ties to learn as such children would have if bia, and the Commonwealth of Puerto Rico. ‘‘(i) are enrolled for at least 15 hours per such children were in the schools of local ‘‘SEC. 10911. AUTHORIZATION OF APPROPRIA- week in education programs in adult correc- educational agencies in the State; and TIONS. tional institutions; and ‘‘(C) contain assurances that the State ‘‘There are authorized to be appropriated ‘‘(ii) are enrolled for at least 20 hours per educational agency will— $1,000,000,000 for fiscal year 2001, and such week— ‘‘(i) ensure that programs assisted under sums as may be necessary for each of the ‘‘(I) in education programs in institutions this subpart will be carried out in accord- four succeeding fiscal years, to carry out for neglected or delinquent children and ance with the State plan described in this this part.’’. youth; or subsection;

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00157 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.022 pfrm09 PsN: S03PT1 S3432 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(ii) carry out the evaluation requirements their children’s further involvement in delin- program for such children may use funds re- of section 10975; quent activities; ceived under this subpart to serve all chil- ‘‘(iii) ensure that the State agencies re- ‘‘(14) provides assurances that the agency dren in, and upgrade the entire educational ceiving subgrants under this chapter comply works with special education youth in order effort of, that institution or program if the with all applicable statutory and regulatory to meet an existing individualized education State agency has developed, and the State requirements; and program and an assurance that the agency educational agency has approved, a com- ‘‘(iv) provide such other information as the will notify the youth’s local school if the prehensive plan for that institution or pro- Secretary may reasonably require. youth— gram that— ‘‘(3) DURATION OF THE PLAN.—Each State ‘‘(A) is identified as in need of special edu- ‘‘(1) provides for a comprehensive assess- plan shall— cation services while the youth is in the fa- ment of the educational needs of all youth in ‘‘(A) remain in effect for the duration of cility; and the institution or program serving juveniles; the State’s participation under this subpart; ‘‘(B) intends to return to the local school; ‘‘(2) provides for a comprehensive assess- and ‘‘(15) provides assurances that the agency ment of the educational needs of youth aged ‘‘(B) be periodically reviewed and revised will work with youth who dropped out of 20 and younger in adult facilities who are ex- by the State, as necessary, to reflect changes school before entering the facility to encour- pected to complete incarceration within a in the State’s strategies and programs under age the youth to reenter school once the two-year period; this subpart. term of the youth has been completed or pro- ‘‘(3) describes the steps the State agency ‘‘(b) SECRETARIAL APPROVAL; PEER RE- vide the youth with the skills necessary to has taken, or will take, to provide all youth VIEW.— gain employment, continue the education of under age 21 with the opportunity to meet ‘‘(1) IN GENERAL.—The Secretary shall ap- the youth, or achieve a secondary school di- challenging State content standards and prove each State plan that meets the re- ploma or its recognized equivalent if the challenging State student performance quirements of this subpart. youth does not intend to return to school; standards in order to improve the likelihood ‘‘(2) PEER REVIEW.—The Secretary may re- ‘‘(16) provides assurances that teachers and that the youths will complete secondary view any State plan with the assistance and other qualified staff are also trained to work school, attain a secondary diploma or its rec- advice of individuals with relevant expertise. with children with disabilities and other stu- ognized equivalent, or find employment after ‘‘(c) STATE AGENCY APPLICATIONS.—Any dents with special needs taking into consid- leaving the institution; State agency that desires to receive funds to eration the unique needs of such students; ‘‘(4) describes the instructional program, carry out a program under this chapter shall pupil services, and procedures that will be submit an application to the State edu- ‘‘(17) describes any additional services pro- used to meet the needs described in para- cational agency that— vided to children and youth, such as career graph (1), including, to the extent feasible, ‘‘(1) describes the procedures to be used, counseling, and assistance in securing stu- the provision of mentors for students; consistent with the State plan under section dent loans and grants; and ‘‘(5) specifically describes how such funds 1111, to assess the educational needs of the ‘‘(18) provides assurances that the program children to be served; under this chapter will be coordinated with will be used; ‘‘(2) provides assurances that in making any programs operated under the Juvenile ‘‘(6) describes the measures and procedures services available to youth in adult correc- Justice and Delinquency Prevention Act of that will be used to assess student progress; tional institutions, priority will be given to 1974 or other comparable programs, if appli- ‘‘(7) describes how the agency has planned, such youth who are likely to complete incar- cable. and will implement and evaluate, the insti- ceration within a 2-year period; ‘‘SEC. 10959. USE OF FUNDS. tution-wide or program-wide project in con- ‘‘(3) describes the program, including a ‘‘(a) USES.— sultation with personnel providing direct in- budget for the first year of the program, ‘‘(1) IN GENERAL.—A State agency shall use structional services and support services in with annual updates to be provided to the funds received under this chapter only for institutions or community-day programs for State educational agency; programs and projects that— neglected or delinquent children and per- ‘‘(4) describes how the program will meet ‘‘(A) are consistent with the State plan sonnel from the State educational agency; the goals and objectives of the State plan; under section 10959(a); and and ‘‘(5) describes how the State agency will ‘‘(B) concentrate on providing participants ‘‘(8) includes an assurance that the State consult with experts and provide the nec- with the knowledge and skills needed to agency has provided for appropriate training essary training for appropriate staff, to en- make a successful transition to secondary for teachers and other instructional and ad- sure that the planning and operation of in- school completion, further education, or em- ministrative personnel to enable such teach- stitution-wide projects under section 10960 ployment. ers and personnel to carry out the project ef- are of high quality; ‘‘(2) PROGRAMS AND PROJECTS.—Such pro- fectively. ‘‘(6) describes how the agency will carry grams and projects— ‘‘SEC. 10961. THREE-YEAR PROGRAMS OR out the evaluation requirements of section ‘‘(A) may include the acquisition of equip- PROJECTS. 10201 and how the results of the most recent ment; ‘‘If a State agency operates a program or evaluation are used to plan and improve the ‘‘(B) shall be designed to support edu- project under this chapter in which individual children are likely to participate for program; cational services that— more than one year, the State educational ‘‘(7) includes data showing that the agency ‘‘(i) except for institution-wide projects agency may approve the State agency’s ap- has maintained the fiscal effort required of a under section 10960, are provided to children plication for a subgrant under this subpart local educational agency, in accordance with and youth identified by the State agency as for a period of not more than three years. section 10101; failing, or most at risk of failing, to meet ‘‘(8) describes how the programs will be co- the State’s challenging State content stand- ‘‘SEC. 10962. TRANSITION SERVICES. ‘‘(a) TRANSITION SERVICES.—Each State ordinated with other appropriate State and ards and challenging State student perform- agency shall reserve not more than 10 per- Federal programs, such as programs under ance standards; cent of the amount such agency receives title I of the Workforce Investment Act of ‘‘(ii) supplement and improve the quality under this chapter for any fiscal year to sup- 1998, vocational education programs, State of the educational services provided to such port projects that facilitate the transition of and local dropout prevention programs, and children and youth by the State agency; and children and youth from State-operated in- special education programs; ‘‘(iii) afford such children and youth an op- stitutions to local educational agencies. ‘‘(9) describes how appropriate professional portunity to learn to such challenging State ‘‘(b) CONDUCT OF PROJECTS.—A project sup- standards; development will be provided to teachers and ported under this section may be conducted ‘‘(C) shall be carried out in a manner con- other staff; directly by the State agency, or through a sistent with section 1120A and part F of title ‘‘(10) designates an individual in each af- contract or other arrangement with one or fected institution to be responsible for issues I; and more local educational agencies, other pub- relating to the transition of children and ‘‘(D) may include the costs of meeting the lic agencies, or private nonprofit organiza- youth from the institution to locally oper- evaluation requirements of section 10201. tions. UPPLEMENT OT UPPLANT ated programs; ‘‘(b) S , N S .—A pro- ‘‘(c) LIMITATION.—Any funds reserved under ‘‘(11) describes how the agency will, en- gram under this chapter that supplements subsection (a) shall be used only to provide deavor to coordinate with businesses for the number of hours of instruction students transitional educational services, which may training and mentoring for participating receive from State and local sources shall be include pupil services and mentoring, to ne- children and youth; considered to comply with the supplement, glected and delinquent children and youth in ‘‘(12) provides assurances that the agency not supplant requirement of section 1120A schools other than State-operated institu- will assist in locating alternative programs without regard to the subject areas in which tions. through which students can continue their instruction is given during those hours. ‘‘(d) CONSTRUCTION.—Nothing in this sec- education if students are not returning to ‘‘SEC. 10960. INSTITUTION-WIDE PROJECTS. tion shall be construed to prohibit a school school after leaving the correctional facility; ‘‘A State agency that provides free public that receives funds under subsection (a) from ‘‘(13) provides assurances that the agency education for children and youth in an insti- serving neglected and delinquent children will work with parents to secure parents’ as- tution for neglected or delinquent children and youth simultaneously with students sistance in improving the educational and youth (other than an adult correctional with similar educational needs, in the same achievement of their children and preventing institution) or attending a community-day educational settings where appropriate.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.022 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3433 ‘‘Chapter 2—Local Agency Programs ‘‘(7) as appropriate, a description of any employment or seek a secondary school di- ‘‘SEC. 10965. PURPOSE. partnerships with local businesses to develop ploma or its recognized equivalent; ‘‘The purpose of this chapter is to support training and mentoring services for partici- ‘‘(5) work to ensure such facilities are the operation of local educational agency pating students; staffed with teachers and other qualified programs that involve collaboration with lo- ‘‘(8) as appropriate, a description of how staff who are trained to work with children cally operated correctional facilities to— the program will involve parents in efforts to with disabilities and other students with spe- ‘‘(1) carry out high quality education pro- improve the educational achievement of cial needs taking into consideration the grams to prepare youth for secondary school their children, assist in dropout prevention unique needs of such children and students; completion, training, and employment, or activities, and prevent the involvement of ‘‘(6) ensure educational programs in correc- further education; their children in delinquent activities; tional facilities are related to assisting stu- ‘‘(2) provide activities to facilitate the ‘‘(9) a description of how the program dents to meet high educational standards; transition of such youth from the correc- under this chapter will be coordinated with ‘‘(7) use, to the extent possible, technology tional program to further education or em- other Federal, State, and local programs, to assist in coordinating educational pro- ployment; and such as programs under title I of the Work- grams between the juvenile facility and the ‘‘(3) operate dropout prevention programs force Investment Act of 1998 and vocational community school; in local schools for youth at risk of dropping education programs serving at-risk youth; ‘‘(8) where feasible, involve parents in ef- out of school and youth returning from cor- ‘‘(10) a description of how the program will forts to improve the educational achieve- rectional facilities. be coordinated with programs operated ment of their children and prevent the fur- ‘‘SEC. 10966. PROGRAMS OPERATED BY LOCAL under the Juvenile Justice and Delinquency ther involvement of such children in delin- EDUCATIONAL AGENCIES. Prevention Act of 1974 and other comparable quent activities; ‘‘(a) LOCAL SUBGRANTS.—With funds made programs, if applicable; ‘‘(9) coordinate funds received under this available under section 10952(b), the State ‘‘(11) as appropriate, a description of how program with other local, State, and Federal educational agency shall award subgrants to schools will work with probation officers to funds available to provide services to partici- local educational agencies with high num- assist in meeting the needs of youth return- pating youth, such as funds made available bers or percentages of youth residing in lo- ing from correctional facilities; under title I of the Workforce Investment cally operated (including county operated) ‘‘(12) a description of efforts participating Act of 1998, and vocational education funds; correctional facilities for youth (including schools will make to ensure correctional fa- ‘‘(10) coordinate programs operated under facilities involved in community day pro- cilities working with youth are aware of a this chapter with activities funded under the grams). child’s existing individualized education pro- Juvenile Justice and Delinquency Preven- ‘‘(b) SPECIAL RULE.—A local educational gram; and tion Act of 1974 and other comparable pro- agency which includes a correctional facility ‘‘(13) as appropriate, a description of the grams, if applicable; and that operates a school is not required to op- steps participating schools will take to find ‘‘(11) if appropriate, work with local busi- erate a dropout prevention program if more alternative placements for youth interested nesses to develop training and mentoring than 30 percent of the youth attending such in continuing their education but unable to programs for participating youth. facility will reside outside the boundaries of participate in a regular public school pro- ‘‘SEC. 10970. ACCOUNTABILITY. the local educational agency upon leaving gram. ‘‘The State educational agency may— such facility. ‘‘(1) reduce or terminate funding for ‘‘(c) NOTIFICATION.—A State educational ‘‘SEC. 10968. USES OF FUNDS. agency shall notify local educational agen- ‘‘Funds provided to local educational agen- projects under this chapter if a local edu- cies within the State of the eligibility of cies under this chapter may be used, where cational agency does not show progress in re- such agencies to receive a subgrant under appropriate, for— ducing dropout rates for male students and this chapter. ‘‘(1) dropout prevention programs which for female students over a 3-year period; and ‘‘(2) require juvenile facilities to dem- ‘‘SEC. 10967. LOCAL EDUCATIONAL AGENCY AP- serve youth at educational risk, including PLICATIONS. pregnant and parenting teens, youth who onstrate, after receiving assistance under ‘‘Eligible local educational agencies desir- have come in contact with the juvenile jus- this chapter for 3 years, that there has been ing assistance under this chapter shall sub- tice system, youth at least one year behind an increase in the number of youth returning mit an application to the State educational their expected grade level, migrant youth, to school, obtaining a secondary school di- agency, containing such information as the immigrant youth, students with limited- ploma or its recognized equivalent, or ob- State educational agency may require. Each English proficiency and gang members; taining employment after such youth are re- such application shall include— ‘‘(2) the coordination of health and social leased. ‘‘(1) a description of the program to be as- services for such individuals if there is a ‘‘Chapter 3—General Provisions sisted; likelihood that the provision of such serv- ‘‘SEC. 10975. PROGRAM EVALUATIONS. ‘‘(2) a description of formal agreements ices, including day care and drug and alcohol ‘‘(a) SCOPE OF EVALUATION.—Each State between— counseling, will improve the likelihood such agency or local educational agency that con- ‘‘(A) the local educational agency; and individuals will complete their education; ducts a program under chapter 1 or 2 shall ‘‘(B) correctional facilities and alternative and evaluate the program, disaggregating data school programs serving youth involved with ‘‘(3) programs to meet the unique edu- on participation by sex, and if feasible, by the juvenile justice system to operate pro- cation needs of youth at risk of dropping out race, ethnicity, and age, not less than once grams for delinquent youth; of school, which may include vocational edu- every three years to determine the pro- ‘‘(3) as appropriate, a description of how cation, special education, career counseling, gram’s impact on the ability of participants participating schools will coordinate with fa- and assistance in securing student loans or to— cilities working with delinquent youth to en- grants. ‘‘(1) maintain and improve educational sure that such youth are participating in an ‘‘SEC. 10969. PROGRAM REQUIREMENTS FOR COR- achievement; education program comparable to one oper- RECTIONAL FACILITIES RECEIVING ‘‘(2) accrue school credits that meet State ating in the local school such youth would FUNDS UNDER THIS SECTION. requirements for grade promotion and sec- attend; ‘‘Each correctional facility having an ondary school graduation; ‘‘(4) as appropriate, a description of the agreement with a local educational agency ‘‘(3) make the transition to a regular pro- dropout prevention program operated by par- under section 10967(2) to provide services to gram or other education program operated ticipating schools and the types of services youth under this chapter shall— by a local educational agency; and such schools will provide to at-risk youth in ‘‘(1) where feasible, ensure educational pro- ‘‘(4) complete secondary school (or sec- participating schools and youth returning grams in juvenile facilities are coordinated ondary school equivalency requirements) from correctional facilities; with the student’s home school, particularly and obtain employment after leaving the in- ‘‘(5) as appropriate, a description of the with respect to special education students stitution. youth expected to be served by the dropout with an individualized education program; ‘‘(b) EVALUATION MEASURES.—In con- prevention program and how the school will ‘‘(2) notify the local school of a youth if ducting each evaluation under subsection coordinate existing educational programs to the youth is identified as in need of special (a), a State agency or local educational meet unique education needs; education services while in the facility; agency shall use multiple and appropriate ‘‘(6) as appropriate, a description of how ‘‘(3) where feasible, provide transition as- measures of student progress. schools will coordinate with existing social sistance to help the youth stay in school, in- ‘‘(c) EVALUATION RESULTS.—Each State and health services to meet the needs of stu- cluding coordination of services for the fam- agency and local educational agency shall— dents at risk of dropping out of school and ily, counseling, assistance in accessing drug ‘‘(1) submit evaluation results to the State other participating students, including pre- and alcohol abuse prevention programs, tu- educational agency; and natal health care and nutrition services re- toring, and family counseling; ‘‘(2) use the results of evaluations under lated to the health of the parent and child, ‘‘(4) provide support programs which en- this section to plan and improve subsequent parenting and child development classes, courage youth who have dropped out of programs for participating children and child care, targeted re-entry and outreach school to reenter school once their term has youth. programs, referrals to community resources, been completed or provide such youth with ‘‘SEC. 10976. DEFINITIONS. and scheduling flexibility; the skills necessary for such youth to gain ‘‘In this subpart:

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‘‘(1) ADULT CORRECTIONAL INSTITUTION.— ‘‘SEC. 10982. FINDINGS AND PURPOSES. dents can participate and succeed in ad- The term ‘adult correctional institution’ ‘‘(a) FINDINGS.—Congress finds that— vanced placement programs; means a facility in which persons are con- ‘‘(1) far too many students are not being ‘‘(6) to provide greater access to advanced fined as a result of a conviction for a crimi- provided sufficient academic preparation in placement courses for low-income and other nal offense, including persons under 21 years secondary school, which results in limited disadvantaged students; of age. employment opportunities, college dropout ‘‘(7) to provide access to advanced place- ‘‘(2) AT-RISK YOUTH.—The term ‘at-risk rates of over 25 percent for the first year of ment courses for secondary school juniors at youth’ means school aged youth who are at college, and remediation for almost one- schools that do not offer advanced placement risk of academic failure, have drug or alco- third of incoming college freshmen; programs, increase the rate of secondary hol problems, are pregnant or are parents, ‘‘(2) there is a growing consensus that rais- school juniors and seniors who participate in have come into contact with the juvenile ing academic standards, establishing high advanced placement courses to 25 percent of justice system in the past, are at least one academic expectations, and showing con- the secondary school student population, and year behind the expected grade level for the crete results are at the core of improving increase the numbers of students who receive age of the youth, have limited-English pro- public education; advanced placement test scores for which ficiency, are gang members, have dropped ‘‘(3) modeling academic standards on the college academic credit is awarded; and out of school in the past, or have high absen- well-known program of advanced placement ‘‘(8) to increase the participation of low-in- teeism rates at school. courses is an approach that many education come individuals in taking advanced place- ‘‘(3) COMMUNITY DAY PROGRAM.—The term leaders and almost half of all States have en- ment tests through the payment or partial ‘community day program’ means a regular dorsed; payment of the costs of the advanced place- program of instruction provided by a State ‘‘(4) advanced placement programs already ment test fees. agency at a community day school operated are providing 30 different college-level ‘‘SEC. 10983. FUNDING DISTRIBUTION RULE. specifically for neglected or delinquent chil- courses, serving almost 60 percent of all sec- ‘‘From amounts appropriated under sec- dren and youth. ondary schools, reaching over 1,000,000 stu- tion 10988 for a fiscal year, the Secretary ‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN- dents (of whom 80 percent attend public shall give first priority to funding activities QUENT CHILDREN AND YOUTH.—The term ‘in- schools, 55 percent are females, and 30 per- under section 10986, and shall distribute any stitution for neglected or delinquent chil- cent are minorities), and providing test remaining funds not so applied according to dren and youth’ means— scores that are accepted for college credit at the following ratio: ‘‘(A) a public or private residential facil- over 3,000 colleges and universities, every ‘‘(1) Seventy percent of the remaining ity, other than a foster home, that is oper- university in Germany, France, and Austria, funds shall be available to carry out section ated for the care of children who have been and most institutions in Canada and the 10984. committed to the institution or voluntarily United Kingdom; ‘‘(2) Thirty percent of the remaining funds placed in the institution under applicable ‘‘(5) 24 States are now funding programs to shall be available to carry out section 10985. State law, due to abandonment, neglect, or increase participation in advanced place- ‘‘SEC. 10984. ADVANCED PLACEMENT PROGRAM death of their parents or guardians; or ment programs, including 19 States that pro- GRANTS. ‘‘(B) a public or private residential facility vide funds for advanced placement teacher ‘‘(a) GRANTS AUTHORIZED.— for the care of children who have been adju- professional development, 3 States that re- ‘‘(1) IN GENERAL.—From amounts appro- dicated to be delinquent or in need of super- quire that all public secondary schools offer priated under section 10988 and made avail- vision. advanced placement courses, 10 States that able under section 10983(1) for a fiscal year, ‘‘SEC. 10977. AUTHORIZATION OF APPROPRIA- pay the fees for advanced placement tests for the Secretary shall award grants, on a com- TIONS. some or all students, and 4 States that repetitive basis, to eligible entities to enable ‘‘There are authorized to be appropriated quire that their public universities grant the eligible entities to carry out the author- $42,000,000 for fiscal year 2001, and such sums uniform academic credit for scores of 3 or ized activities described in subsection (c). as may be necessary for each of the four suc- better on advanced placement tests; and ‘‘(2) DURATION AND PAYMENTS.— ceeding fiscal years, to carry out this part.’’. ‘‘(6) the State programs described in para- ‘‘(A) DURATION.—The Secretary shall award PART J—NATIONAL WRITING PROJECT graph (5) have shown the responsiveness of a grant under this section for a period of 3 SEC. 1091. NATIONAL WRITING PROJECT. schools and students to such programs, years. Part K of title X (20 U.S.C. 8331 et seq.) is raised the academic standards for both stu- ‘‘(B) PAYMENTS.—The Secretary shall make amended— dents participating in such programs and grant payments under this section on an an- (1) in section 10991— other children taught by teachers who are nual basis. (A) in paragraph (15)— involved in advanced placement courses, and ‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—In (i) by striking ‘‘154 regional sites’’ and in- shown tremendous success in increasing en- this section, the term ‘eligible entity’ means serting ‘‘157 regional sites’’; and rollment, achievement, and minority partici- a State educational agency, or a local edu- (ii) by striking ‘‘45 States’’ and inserting pation in advanced placement programs. cational agency, in the State. ‘‘46 States’’; ‘‘(b) PURPOSES.—The purposes of this part ‘‘(b) PRIORITY.—In awarding grants under (B) in paragraph (17) by adding ‘‘and’’ at are— this section the Secretary shall give priority the end; ‘‘(1) to encourage more of the 600,000 stu- to eligible entities submitting applications (C) in paragraph (18) by striking at the end dents who take advanced placement courses under subsection (d) that demonstrate— the semicolon and ‘‘and’’ and inserting a pe- but do not take advanced placement exams ‘‘(1) a pervasive need for access to ad- riod; and each year to demonstrate their achievements vanced placement incentive programs; (D) by striking paragraph (19); and through taking the exams; ‘‘(2) the involvement of business and com- (2) in section 10992— ‘‘(2) to build on the many benefits of ad- munity organizations in the activities to be (A) by striking subsection (e); vanced placement programs for students, assisted; (B) by amending subsection (g) to read as which benefits may include the acquisition ‘‘(3) the availability of matching funds follows: of skills that are important to many employ- from State or local sources to pay for the ‘‘(g) EVALUATION.—The Secretary may con- ers, Scholastic Aptitude Tests (SAT) scores cost of activities to be assisted; duct an independent evaluation, by grant or that are 100 points above the national aver- ‘‘(4) a focus on developing or expanding ad- contract, of the program administered pursu- ages, and the achievement of better grades in vanced placement programs and participa- ant to this part.’’; and secondary school and in college than the tion in the core academic areas of English, (C) by amending subsection (i) to read as grades of students who have not participated mathematics, and science; and follows: in the programs; ‘‘(5)(A) in the case of an eligible entity ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) to support State and local efforts to that is a State educational agency, the State For the purposes of carrying out this part, raise academic standards through advanced educational agency carries out programs in there are authorized to be appropriated such placement programs, and thus further in- the State that target— sums as may be necessary for fiscal year 2001 crease the number of students who partici- ‘‘(i) local educational agencies serving and each of the four succeeding fiscal pate and succeed in advanced placement pro- schools with a high concentration of low-in- years.’’. grams; come students; or PART L—ADVANCED PLACEMENT ‘‘(4) to increase the availability and broad- ‘‘(ii) schools with a high concentration of PROGRAMS en the range of schools that have advanced low-income students; or placement programs, which programs are ‘‘(B) in the case of an eligible entity that SEC. 1095. ADVANCED PLACEMENT PROGRAMS. still often distributed unevenly among re- is a local educational agency, the local edu- Title X (20 U.S.C. 8001 et seq.) is amended gions, States, and even secondary schools cational agency serves schools with a high by adding at the end the following: within the same school district, while also concentration of low-income students. ‘‘PART L—ADVANCED PLACEMENT increasing and diversifying student partici- ‘‘(c) AUTHORIZED ACTIVITIES.—An eligible PROGRAMS pation in the programs; entity may use grant funds under this sec- ‘‘SEC. 10981. SHORT TITLE. ‘‘(5) to build on the State programs de- tion to expand access for low-income individ- ‘‘This part may be cited as the ‘Access to scribed in subsection (a)(5) and demonstrate uals to advanced placement incentive pro- High Standards Act’. that larger and more diverse groups of stu- grams that involve—

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ADVANCED PLACEMENT INCENTIVE ‘‘(2) any activities carried out pursuant to ‘‘(2) preadvanced placement course devel- PROGRAM. subsection (e). ‘‘(a) GRANTS AUTHORIZED.—From amounts opment; ‘‘(i) DEFINITIONS.—In this section: appropriated under section 10988 and made ‘‘(3) curriculum coordination and articula- ‘‘(1) ADVANCED PLACEMENT TEST.—The term available under section 10983 for a fiscal tion between grade levels that prepare stu- ‘advanced placement test’ includes only an year, the Secretary shall award grants to dents for advanced placement courses; advanced placement test approved by the State educational agencies having applica- ‘‘(4) curriculum development; Secretary for the purposes of this section. tions approved under subsection (c) to enable ‘‘(5) books and supplies; and ‘‘(2) LOW-INCOME INDIVIDUAL.—The term the State educational agencies to reimburse ‘‘(6) any other activity directly related to ‘low-income individual’ has the meaning low-income individuals to cover part or all of expanding access to and participation in ad- given the term in section 402A(g)(2) of the the costs of advanced placement test fees, if vanced placement incentive programs par- Higher Education Act of 1965 (20 U.S.C. 1070a– the low-income individuals— ticularly for low-income individuals. 11(g)(2)). ‘‘(d) APPLICATION.—Each eligible entity de- ‘‘(1) are enrolled in an advanced placement siring a grant under this section shall sub- class; and ‘‘SEC. 10987. DEFINITIONS. mit an application to the Secretary at such ‘‘(2) plan to take an advanced placement ‘‘In this part: time, in such manner, and accompanied by test. ‘‘(1) ADVANCED PLACEMENT INCENTIVE PRO- such information as the Secretary may re- ‘‘(b) AWARD BASIS.—In determining the GRAM.—The term ‘advanced placement incen- quire. amount of the grant awarded to each State tive program’ means a program that provides ‘‘(e) DATA COLLECTION AND REPORTING.— educational agency under this section for a advanced placement activities and services ‘‘(1) DATA COLLECTION.—Each eligible enti- fiscal year, the Secretary shall consider the to low-income individuals. ty receiving a grant under this section shall number of children eligible to be counted ‘‘(2) ADVANCED PLACEMENT TEST.—The term annually report to the Secretary— under section 1124(c) in the State in relation ‘advanced placement test’ means an ad- ‘‘(A) the number of students taking ad- to the number of such children so counted in vanced placement test administered by the vanced placement courses who are served by all the States. College Board or approved by the Secretary. ‘‘(c) INFORMATION DISSEMINATION.—A State the eligible entity; ‘‘(3) HIGH CONCENTRATION OF LOW-INCOME educational agency shall disseminate infor- ‘‘(B) the number of advanced placement STUDENTS.—The term ‘high concentration of tests taken by students served by the eligi- mation regarding the availability of ad- low-income students’, used with respect to a ble entity; vanced placement test fee payments under State educational agency, local educational ‘‘(C) the scores on the advanced placement this section to eligible individuals through agency or school, means an agency or school, tests; and secondary school teachers and guidance as the case may be, that serves a student ‘‘(D) demographic information regarding counselors. population 40 percent or more of whom are ‘‘(d) APPLICATIONS.—Each State edu- individuals taking the advanced placement from families with incomes below the pov- cational agency desiring a grant under this courses and tests disaggregated by race, eth- erty level, as determined in the same manner section shall submit an application to the nicity, sex, English proficiency status, and as the determination is made under section Secretary at such time, in such manner, and socioeconomic status. 1124(c)(2). accompanied by such information as the Sec- ‘‘(2) REPORT.—The Secretary shall annu- ‘‘(4) LOW-INCOME INDIVIDUAL.—The term retary may require. At a minimum, each ally compile the information received from ‘low-income individual’ means, other than State educational agency application shall— each eligible entity under paragraph (1) and for purposes of section 10986, a low-income ‘‘(1) describe the advanced placement test report to Congress regarding the informa- individual (as defined in section 402A(g)(2) of fees the State educational agency will pay tion. the Higher Education Act of 1965 (20 U.S.C. on behalf of low-income individuals in the ‘‘SEC. 10985. ON-LINE ADVANCED PLACEMENT 1070a–11(g)(2)) who is academically prepared State from grant funds made available under COURSES. to take successfully an advanced placement this section; ‘‘(a) GRANTS AUTHORIZED.—From amounts test as determined by a school teacher or ad- ‘‘(2) provide an assurance that any grant appropriated under section 10988 and made vanced placement coordinator taking into funds received under this section, other than available under section 10983(2) for a fiscal consideration factors such as enrollment and funds used in accordance with subsection (e), year, the Secretary shall award grants to performance in an advanced placement shall be used only to pay for advanced place- State educational agencies to enable such course or superior academic ability. ment test fees; and agencies to award grants to local edu- ‘‘(5) INSTITUTION OF HIGHER EDUCATION.— ‘‘(3) contain such information as the Sec- cational agencies to provide students with The term ‘institution of higher education’ retary may require to demonstrate that the on-line advanced placement courses. has the meaning given the term in section ‘‘(b) STATE EDUCATIONAL AGENCY APPLICA- State will ensure that a student is eligible 101(a) of the Higher Education Act of 1965 (20 TIONS.— for payments under this section, including U.S.C. 1001(a)). ‘‘(1) APPLICATION REQUIRED.—Each State documentation required under chapter 1 of ‘‘(6) STATE.—The term ‘State’ means each educational agency desiring a grant under subpart 2 of part A of title IV of the Higher of the several States of the United States, this section shall submit an application to Education Act of 1965 (20 U.S.C. 1070a–11 et the District of Columbia, the Commonwealth the Secretary at such time, in such manner, seq.). of Puerto Rico, Guam, American Samoa, the and accompanied by such information as the ‘‘(e) ADDITIONAL USES OF FUNDS.—If each United States Virgin Islands, the Republic of Secretary may require. eligible low-income individual in a State the Marshall Islands, the Federated States of ‘‘(2) AWARD BASIS.—The Secretary shall pays not more than a nominal fee to take an Micronesia, and the Republic of Palau. award grants under this section on a com- advanced placement test in a core subject, petitive basis. then a State educational agency may use ‘‘SEC. 10988. AUTHORIZATION OF APPROPRIA- ‘‘(c) GRANTS TO LOCAL EDUCATIONAL AGEN- grant funds made available under this sec- TIONS. CIES.—Each State educational agency receiv- tion that remain after advanced placement ‘‘For the purpose of carrying out this part, ing a grant award under subsection (b) shall test fees have been paid on behalf of all eligi- there are authorized to be appropriated award grants to local educational agencies ble low-income individuals in the State, for $50,000,000 for fiscal year 2001, and such sums within the State to carry out activities de- activities directly related to increasing— as may be necessary for each of the 4 suc- scribed in subsection (e). In awarding grants ‘‘(1) the enrollment of low-income individ- ceeding fiscal years.’’. under this subsection, the State educational uals in advanced placement courses; agency shall give priority to local edu- ‘‘(2) the participation of low-income indi- SEC. 1096. DISSEMINATION OF ADVANCED PLACE- MENT INFORMATION. cational agencies that— viduals in advanced placement courses; and ‘‘(1) serve high concentrations of low-in- ‘‘(3) the availability of advanced placement Each institution of higher education re- come students; courses in schools serving high-poverty ceiving Federal funds for research or for pro- ‘‘(2) serve rural areas; and areas. grams assisted under the Higher Education ‘‘(3) the State educational agency deter- ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Grant Act of 1965 (20 U.S.C. 1001 et seq.)— mines would not have access to on-line ad- funds provided under this section shall sup- (1) shall distribute to secondary school vanced placement courses without assistance plement, and not supplant, other non-federal counselors or advanced placement coordina- provided under this section. funds that are available to assist low-income tors in the State information with respect to ‘‘(d) CONTRACTS.—A local educational agen- individuals in paying for the cost of ad- the amount and type of academic credit pro- cy that receives a grant under this section vanced placement test fees. vided to students at the institution of higher may enter into a contract with a nonprofit ‘‘(g) REGULATIONS.—The Secretary shall education for advanced placement test or for-profit organization to provide the on- prescribe such regulations as are necessary scores; and line advanced placement courses, including to carry out this section. (2) shall standardize, not later than 4 years contracting for necessary support services. ‘‘(h) REPORT.—Each State educational after the date of enactment of this Act, the ‘‘(e) USES.—Grant funds provided under agency annually shall report to the Sec- form and manner in which the information this section may be used to purchase the on- retary information regarding— described in subparagraph (1) is disseminated line curriculum, to train teachers with re- ‘‘(1) the number of low-income individuals by the various departments, offices, or other spect to the use of on-line curriculum, or to in the State who received assistance under divisions of the institution of higher edu- purchase course materials. this section; and cation.

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TITLE XI—GENERAL PROVISIONS, ‘‘(D) collaborative activities with other ‘‘(3) STATE DEVELOPMENT AND SUBMISSION.— DEFINITIONS AND ACCOUNTABILITY State educational agencies to improve ad- (A) A State educational agency desiring to SEC. 1101. DEFINITIONS. ministration under this Act; receive a grant under two or more of the pro- Part A of title XIV (20 U.S.C. 8801 et seq.) ‘‘(E) the dissemination of information re- grams to which this section applies may sub- is amended— garding model programs and practices; mit a consolidated State plan for those pro- (1) in section 14101— ‘‘(F) technical assistance under the programs that satisfies the procedures and cri- (A) in paragraphs (5), (6), (7), and (8), by grams specified in subsection (a)(2); teria established under this section. striking ‘‘section 14302’’ and inserting ‘‘sec- ‘‘(G) training personnel engaged in audit ‘‘(B) A State educational agency that sub- tion 11502’’; and other monitoring activities; and mits a consolidated State plan shall not be (B) by amending paragraph (10) to read as ‘‘(H) implementation of the Cooperative required to submit separate State plans or follows: Audit Resolution and Oversight Initiative.’’; applications for the programs included in the ‘‘(10) COVERED PROGRAM.—The term ‘cov- and consolidated State plan. ered program’ means each of the programs (C) by striking subsection (f); ‘‘(C) A State educational agency that sub- authorized by— (2) in section 14203— mits a consolidated State plan shall comply ‘‘(A) part A of title I, (A) in subsection (b), by striking ‘‘Improv- with all the requirements applicable to the ‘‘(B) part C of title I; ing America’s Schools Act of 1994’’ and in- programs in the consolidated State plan as if ‘‘(C) part A of title II; serting ‘‘Educational Excellence for All Chil- it had submitted separate State plans. ‘‘(D) subpart 1 of part D of title III; dren Act of 2000’’; and ‘‘(4) CONSOLIDATED STATE PLANS.—A State ‘‘(E) part A of title IV (other than section (B) in subsection (d), by striking ‘‘the uses educational agency that desires to receive 4115); described in section 14201(b)(2)’’ and inserting funds under a program to which this section ‘‘(F) the Comprehensive School Reform ‘‘for uses, at the school district and school applies for the fiscal year 2001 and the succeeding four fiscal years shall submit to the Demonstration Program; and levels, comparable to those described in section 11401(b)(2)’’; Secretary a new consolidated plan that ‘‘(G) title VI.’’; (3) by repealing section 14204; meets the requirements of this section with- (C) in paragraph (11)(B), by striking ‘‘and (4) in section 14205(a)(2)(B)(i), by striking in the time specified by the Secretary. title VI’’; ‘‘National Education Goals’’ and inserting ‘‘(b) PLAN CONTENTS.— (D) in paragraph (24), by striking ‘‘section ‘‘America’s Education Goals’’; and ‘‘(1) COLLABORATIVE PROCESS.—(A) In estab- 602(a)(17)’’ and inserting in lieu thereof ‘‘sec- (5) in section 14206— lishing criteria and procedures under this tion 602(22)’’; (A) by amending the section heading to section, the Secretary shall collaborate with (E) by redesignating paragraphs (15) read: ‘‘MOST EFFECTIVE USE OF PROGRAM State educational agencies and, as appro- through (29) as paragraphs (16) through (30), FUNDS.’’; priate, with other State agencies, local edu- respectively; and (B) by amending subsection (a) to read as cational agencies, public and private non- (F) by inserting after paragraph (14) a new follows: profit agencies, organizations, and institu- paragraph (15) to read as follows: ‘‘(a) MOST EFFECTIVE USE.—With the ap- tions, private schools, and representatives of ‘‘(15) FAMILY LITERACY SERVICES.—The proval of its State educational agency, a parents, students, and teachers. term ‘family literacy services’ means serv- local educational agency that determines for ‘‘(B)(i) Through the collaborative process ices provided to eligible participants on a any fiscal year that funds under a covered described in paragraph (1), the Secretary voluntary basis that are of sufficient inten- program (other than part A of title I) would shall establish, for each program under the sity, both in hours and duration, to make be more effective in helping all its students Act to which this section applies, the de- sustainable changes in a family, and that in- achieve the State’s challenging standards if scriptions and information that must be integrate all of the following activities: used under another covered program, may cluded in a consolidated State plan. ‘‘(A) Interactive literacy activities be- use those funds, not to exceed five percent of ‘‘(ii) In carrying out clause (i), the Sec- tween parents and their children. the local educational agency’s total allot- retary shall ensure that a consolidated State ‘‘(B) Training for parents on how to be the ment for that fiscal year, to carry out pro- plan contains, for each program included in primary teachers for their children and full grams and activities under that other cov- the plan, the descriptions and information partners in the education of their children. ered program.’’; and needed to ensure proper and effective admin- ‘‘(C) Parent literacy training that leads to (C) in subsection (b), by striking ‘‘title XI istration of that program in accordance with economic self-sufficiency. of this Act’’ and inserting ‘‘part I of this its purposes. ‘‘(D) An age-appropriate education to pre- title’’. ‘‘(2) INTEGRATION AND COORDINATION OF RE- pare children for success in school and life SEC. 1103. COORDINATION OF PROGRAMS. SOURCES.—In its consolidated plan under this experiences.’’; and Part C of title XIV (20 U.S.C. 8851 et seq.) section, a State educational agency shall de- (2) in section 14102, by striking ‘‘Parts B, C, is amended— scribe how— D, E, and F’’ and inserting ‘‘Parts D, E, F, (1) in the heading thereof, by striking ‘‘AND ‘‘(A) funds under the programs included in and G’’. APPLICATIONS’’; the plan will be integrated to best serve the SEC. 1102. ADMINISTRATIVE FUNDS. (2) by amending section 14302 to read as fol- students and teachers intended to benefit Part B of title XIV (20 U.S.C. 8821 et seq.) lows: from those programs; and is amended— ‘‘SEC. 14302. OPTIONAL CONSOLIDATED STATE ‘‘(B) those programs will be coordinated at (1) in section 14201— PLANS. the State, school district, and school levels (A) by amending subsection (a)(2) to read ‘‘(a) GENERAL.— with— as follows: ‘‘(1) PURPOSE AND AUTHORITY.—In order to ‘‘(i) other covered programs not included in ‘‘(2) APPLICABILITY.—This section applies promote continuing, standards-based edu- the plan; and to— cation reform, encourage the integration and ‘‘(ii) related programs, such as programs ‘‘(A) programs under title I and those pro- coordination of resources, and simplify ap- under the Reading Excellence Act under part grams described in subparagraphs (C), (D), plication requirements and reduce burden for E of title I, the 21st Century Community and (E) of section 11101(10); State educational agencies under this Act, Learning Centers program and the High ‘‘(B) the Comprehensive School Reform the Secretary, in accordance with subsection School Reform program under parts G and H Demonstration Program; (b), shall establish procedures and criteria of title X, respectively, and the Teacher ‘‘(C) title VI; under which a State educational agency may Quality Enhancement Programs, and the ‘‘(D) the Carl D. Perkins Vocational and submit a consolidated State plan meeting Gaining Early Awareness and Readiness for Technical Education Act of 1998; and the requirements of this section for any or Undergraduate Programs under title II and ‘‘(E) such other programs as the Secretary all of— chapter 2 of subpart 2 of part A of title IV, may designate.’’; ‘‘(A) the covered programs in which the of the Higher Education Act of 1965, respec- (B) by amending subsection (b)(2) to read State participates; and tively. as follows: ‘‘(B) the additional programs described in ‘‘(c) INDICATORS.—In order to evaluate its ‘‘(2) ADDITIONAL USES.—A State edu- paragraph (2). performance under its consolidated State cational agency may also use the funds ‘‘(2) ADDITIONAL PROGRAMS.—A State edu- plan, a State educational agency shall in- available under this section for administra- cational agency may also include in its conclude in its plan— tive activities designed to enhance the effec- solidated State plan— ‘‘(1) any information required by the Sec- tive and coordinated use of funds under the ‘‘(A) the Even Start program under part B retary under section 11912 regarding perform- programs included in the consolidation of title I; ance indicators, benchmarks, and targets; under subsection (a), such as— ‘‘(B) the State Agency Programs for Chil- and ‘‘(A) State-level activities designed to dren and Youth Who Are Neglected or Delin- ‘‘(2) any other indicators or measures the carry out this title, including part B; quent under part D of title I; State determines are appropriate for evalu- ‘‘(B) the coordination of those programs ‘‘(C) programs under part A of title II of ating its performance under its consolidated with other Federal and non-Federal pro- the Carl D. Perkins Vocational and Tech- State plan. grams; nical Education Act of 1998; and ‘‘(d) MONITORING AND DATA INTEGRITY.—A ‘‘(C) the establishment and operation of ‘‘(D) such other programs as the Secretary State educational agency shall include in its peer-review mechanisms under this Act; may designate. consolidated State plan a description of the

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00162 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.022 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3437 strategies it will use to meet the require- solidated State plan under section 11502 may (ii) at the end thereof, by striking out the ments of section 11503(a)(4) and (5). require local educational agencies that re- period and inserting in lieu thereof a semi- ‘‘(e) PEER REVIEW AND SECRETARIAL AP- ceive funds under more than one program in- colon and ‘‘and’’; and PROVAL.—(1) The Secretary shall— cluded in the consolidated State plan to sub- (C) by adding at the end thereof a new ‘‘(A) establish a peer-review process to as- mit consolidated local plans for such pro- paragraph to read as follows: sist in the review, and provide recommenda- grams. ‘‘(10) health and safety.’’; and tions for the revision, of consolidated State ‘‘(c) COLLABORATION.—A State educational (4) in section 14401(e)(4), by— plans under this section; and agency shall collaborate with local edu- (A) striking out ‘‘fiscal year 1997’’ and in- ‘‘(B) to the extent practicable, appoint in- cational agencies in the State in estab- serting in lieu thereof ‘‘fiscal year 2001’’; and dividuals to the peer-review process who— lishing criteria and procedures for the sub- (B) striking out ‘‘the Committee on Edu- ‘‘(i) are knowledgeable about the programs, mission of the consolidated local plans under cation and Labor of the House of Representa- and the populations they serve, included in this section. tives and the Committee on Labor and the plans; ‘‘(d) CONTENTS.—For each program under Human Resources of the Senate’’ and insert- ‘‘(ii) are representative of State edu- this Act that may be included in a plan ing in lieu thereof ‘‘the Committee on Edu- cational agencies, local educational agen- under this section, the Secretary may des- cation and the Workforce of the House of cies, teachers, and parents of students served ignate the descriptions and information that Representatives and the Committee on under those programs; and must be included in a local consolidated Health, Education, Labor and Pensions of ‘‘(iii) have expertise on educational stand- plan, to ensure that each such program is ad- the Senate’’. ards, assessments, and accountability. ministered in a proper and effective manner ‘‘(2)(A) Following such peer review, the SEC. 1105. UNIFORM PROVISIONS. in accordance with its purposes.’’; Secretary shall approve a consolidated State Part E of title XIV (20 U.S.C. 8891 ET SEQ.) (6) in section 14306, by striking out ‘‘sec- plan if the Secretary determines that the is amended— tion 14304’’ and inserting in lieu thereof ‘‘sec- plan meets the requirements of this section. (1) in section 14501(a), by inserting ‘‘(except ‘‘(B) The Secretary may accompany such tion 11504’’; part C of title I)’’ immediately after ‘‘cov- approval with one or more conditions that (7) by repealing section 14307; and ered program’’; the State educational agency shall meet. (8) by adding at the end thereof a new sec- (2) in section 14503— ‘‘(3) If the Secretary determines that the tion to read as follows: (A) in subsection (a)(1), by inserting ‘‘that plan does not meet the requirements of this ‘‘SEC. 14307. CONSOLIDATED REPORTING. address their needs’’ immediately before the section, the Secretary shall notify the State ‘‘In order to encourage integration and co- period; of that determination and the reasons for it. ordination of resources, simplify reporting (B) by amending subsection (b)(1) to read ‘‘(4) The Secretary shall not finally dis- requirements, and reduce reporting burden, as follows: approve a consolidated State plan before— the Secretary shall establish procedures and ‘‘(1) IN GENERAL.—This section applies to ‘‘(A) offering the State an opportunity to criteria under which a State educational programs under— revise its plan; agency must submit a consolidated State an- ‘‘(A) part C of title I; ‘‘(B) providing technical assistance to as- nual performance report. Such a report shall ‘‘(B) part E of title I; sist the State to meet the requirements; and contain information about the programs in- ‘‘(C) subpart 2 of part A of title II; ‘‘(C) providing a hearing. cluded in the report, including the State’s ‘‘(D) title III; ‘‘(f) REVISION AND AMENDMENT.—A State performance under those programs, and ‘‘(E) part A of title IV, other than section educational agency shall periodically review other matters, as the Secretary determines, 4115; and its consolidated State plan to ensure that it such as information regarding monitoring ‘‘(F) part A of title VII.’’; and accurately reflects its strategies and activi- activities under part I and section 11503(a)(4). (C) in subsection (c)— ties under the programs covered by the plan. Such a report shall take the place of indi- (i) in paragraph (1)— If the State educational agency makes sig- vidual annual performance reports for the (I) in subparagraph (C), by striking out nificant changes to its strategies and activi- programs subject to it.’’. ‘‘and’’ at the end thereof; ties, it shall submit an amendment to its (II) in subparagraph (D), by striking out SEC. 1104. WAIVERS. plan to the Secretary for approval in accord- the period and inserting a semi-colon; and ance with this section.’’; Part D of title XIV (20 U.S.C. 8881 et seq.) (III) by adding at the end thereof the fol- (3) in section 14303(a)— is amended— lowing new subparagraphs: (A) in the matter before paragraph (1)— (1) in section 14401(a), by inserting a ‘‘(E) to the extent applicable, the amount (i) by striking ‘‘or consolidated State ap- comma and ‘‘the Carl D. Perkins Vocational of funds received by such agency that are at- plication’’; and and Technical Education Act of 1998, or sub- tributable to private school children; and (ii) by striking ‘‘section 14302’’ and insert- title B of title VII of the Stewart B. McKin- ‘‘(F) how and when such agency will make ing ‘‘section 11502’’; ney Homeless Assistance Act’’ immediately decisions about the delivery of services to (B) by redesignating paragraphs (4), (5), (6), after ‘‘requirement of this Act’’; these children.’’; and and (7) as paragraphs (6), (7), (8), and (9), re- (2) in section 14401(b), by amending para- (ii) by amending paragraph (2) to read as spectively; and graph (1) to read as follows: follows: ‘‘(1) IN GENERAL.—A State educational (C) by inserting after paragraph (3) the fol- ‘‘(2) TIMING.—Such consultation shall in- lowing new paragraphs: agency, local educational agency, or Indian clude meetings of agency and private school ‘‘(4) the State will monitor performance by tribe that desires a waiver shall submit an officials, shall occur before the local edu- local educational agencies to ensure compli- application to the Secretary at such time, in cational agency makes any decision that af- ance with the requirements of this Act and— such manner, and containing such informa- fects the opportunities of eligible private ‘‘(A) maintain proper documentation of tion as the Secretary may reasonably re- school children, teachers, or other edu- monitoring activities; quire. Each such application shall— cational personnel to participate in pro- ‘‘(B) provide technical assistance when ap- ‘‘(A) identify each Federal program af- grams under this Act, and shall continue propriate and undertake enforcement activi- fected and the statutory or regulatory re- throughout the implementation and assess- ties when needed; and quirement requested to be waived; ment of activities under this section.’’; ‘‘(C) systematically analyze the results of ‘‘(B) describe the purpose and expected re- (3) in section 14504, by striking out ‘‘sec- audits and other monitoring activities to sults of waiving each such requirement; tion 14503’’ and ‘‘sections 14503, 14505, and identify trends in funding and to develop ‘‘(C) describe for each school year specific, 14506’’ and inserting in lieu thereof ‘‘section strategies to correct problems; measurable, educational goals for the State 11703’’ and ‘‘sections 11703, 11705, and 11706’’, ‘‘(5) the data used by the State to measure educational agency and for each local edu- respectively; its performance (and that of its local educational agency, Indian tribe, or school that (4) in section 14506— cational agencies) under this Act are com- would be affected by the waiver; and (A) in subsection (a)(1)(A), by striking out plete, reliable, and accurate, or, if not, that ‘‘(D) explain why the waiver would assist ‘‘section 14504’’ and inserting in lieu thereof the State will take such steps as are nec- the State educational agency and each af- ‘‘section 11704’’; essary to make those data complete, reli- fected local educational agency, Indian tribe, (B) in subsection (b), by striking out ‘‘sec- able, and accurate.’’; or school in reaching those goals.’’; tion 14503’’ and inserting in lieu thereof ‘‘sec- (4) by repealing section 14304; (3) in section 14401(c)— tion 11703’’; and (5) by amending section 14305 to read as fol- (A) in paragraph (8) by— (C) in subsection (d), by striking out ‘‘Im- lows: (i) striking out ‘‘part C of title X’’ and in- proving America’s Schools Act of 1994’’ and ‘‘SEC. 14305. CONSOLIDATED LOCAL PLANS. serting in lieu thereof ‘‘part B of title V’’; inserting in lieu thereof ‘‘Educational Excel- ‘‘(a) GENERAL AUTHORITY.—A local edu- and lence for All Children Act of 1999’’; and cational agency receiving funds under more (ii) by striking out ‘‘or’’ at the end thereof; (5) by repealing section 14513 and section than one covered program may submit plans (B) in paragraph (9)— 14514. to the State educational agency under such (i) by striking out ‘‘section 14502’’ and programs on a consolidated basis. ‘‘section 14507’’ and inserting in lieu thereof SEC. 1106. REPEAL. ‘‘(b) CONSOLIDATED PLANS.—A State edu- ‘‘section 11702’’ and ‘‘section 11707’’, respec- Part F of title XIV (20 U.S.C. 8921 et seq.) cational agency that has an approved con- tively; and is repealed.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00163 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.023 pfrm09 PsN: S03PT1 S3438 CONGRESSIONAL RECORD — SENATE May 3, 2000 SEC. 1107. EVALUATION AND INDICATORS. ance to recipients of assistance under this ‘‘(ii) a description of the entities operating Part G of title XIV (20 U.S.C. 8941 et seq.) Act in order to strengthen the collection and the coordinated services project; is amended— assessment of information relating to pro- ‘‘(iii) a description of its coordinated serv- (1) in the heading, by inserting ‘‘AND INDI- gram performance and quality assurance at ices project, the objectives of that project, CATORS’’; the State and local levels. Such technical as- where the project will be located, the com- (2) in section 14701— sistance shall be designed to promote the de- munity-wide partnership that will link pub- (A) in subsection (a)— velopment, measurement, use, and reporting lic and private agencies providing services to (i) in paragraph (1)— of data on valid, reliable, timely, and con- children and their families, the staff that (I) by redesignating subparagraphs (B) and sistent performance indicators, within and will be used to carry out the project, and (C) as subparagraphs (C) and (D), respec- across programs, and may include one-time how the project will meet the requirements tively; grants, from funds reserved under subsection in this part; and (II) by inserting the following new subpara- (a), to recipients to develop their data sys- ‘‘(iv) an annual budget that indicates the graph (B): tems with the goal of helping recipients sources and amounts of funds under this Act ‘‘(B) conduct evaluations that carry out make continuous program improvement.’’; that will be used for the project, consistent the purposes of the Government Performance and with section 11405(b), and the purposes, by and Results Act of 1993 with respect to pro- (3) by adding at the end thereof the fol- budget category, for which those funds will grams under this Act;’’; lowing new section: be used; (III) in subparagraph (C), as redesignated ‘‘SEC. 14702. PERFORMANCE MEASURES. ‘‘(2) evaluate annually the success of the by clause (i), by striking out ‘‘and’’ at the ‘‘(a) IN GENERAL.—The Secretary is author- coordinated services project under this sec- end thereof; ized to establish performance indicators, tion in meeting its goals and objectives; (IV) in subparagraph (D), as redesignated benchmarks, and targets for each program ‘‘(3) train teachers and appropriate per- by clause (i), by striking out the period and under this Act and subtitle B of title VII of sonnel on the purposes, activities, and serv- inserting in lieu thereof a semi-colon and the Stewart B. McKinney Homeless Assist- ices of the coordinated services project, and ‘‘and’’; and ance Act, to assist in measuring program how children and families may obtain those (V) by adding at the end thereof the fol- performance. Indicators, benchmarks, and activities and services; and lowing new subparagraph (E): targets under this section shall be consistent ‘‘(4) ensure that the coordinated services ‘‘(E) to work in partnership with the with the Government Performance and Re- project addresses the health and welfare States to develop information relating to sults Act of 1993 (and strategic plans adopted needs of migratory families. program performance that can be used to by the Secretary under that Act) and section ‘‘(c) SPECIAL RULE.—A State educational help achieve continuous program improve- 11501. agency need not require eligible entities to ment at the State, school district, and ‘‘(b) COLLABORATION.—The Secretary shall submit an application under subsection (a) in school levels.’’; collaborate with State educational agencies, order to permit them to carry out coordi- (B) by striking out subsections (b) and (c); local educational agencies, and other recipi- nated services projects under this section.’’; and ents under this Act in establishing perform- (2) in section 11904(a)— (C) by inserting after subsection (a) the fol- ance indicators, benchmarks, and targets (A) in paragraph (1), by striking out ‘‘sec- lowing new subsections: under this section. tion 14206(b)’’ and ‘‘section 11004(b)(1)’’ and ‘‘(b) NATIONAL EVALUATION.—The Sec- ‘‘(c) PLANS AND APPLICATIONS.—The Sec- inserting in lieu thereof ‘‘section 11405(b) for retary shall use funds reserved under sub- retary may require any applicant for funds a coordinated services project’’ and ‘‘section section (a) to conduct independent studies of under this Act or subtitle B of title VII of 11903(b)(1)(i)’’, respectively; and programs under this Act and the effective- the Stewart B. McKinney Homeless Assist- (B) in paragraph (2), by striking out ‘‘sec- ness of those programs in achieving their ance Act to— tion 14206(b)’’ and inserting in lieu thereof purposes, to determine whether those pro- ‘‘(1) include in its plan or application infor- ‘‘section 11405(b)’’; and grams (or the administration of those pro- mation relating to how it will use perform- (3) in section 11905— grams) are— ance indicators, benchmarks, and targets (A) by striking out ‘‘Secretary’’ each place ‘‘(1) contributing to improved student aca- under this section to improve its program it appears and inserting in lieu thereof demic performance; performance; and ‘‘State educational agency’’; and ‘‘(2) supporting the development of chal- ‘‘(2) report data relating to such perform- (B) by striking out ‘‘section 14206(b)’’ and lenging standards and aligned assessments ance indicators, benchmarks, and targets to inserting in lieu thereof ‘‘section 11405(b)’’. that guide other elements of school reform, the Secretary.’’. SEC. 1109. REDESIGNATIONS. including teacher certification, curriculum Title XIV (20 U.S.C. 8801 et seq.) is further frameworks, instruction, and professional SEC. 1108. COORDINATED SERVICES. amended— development; (a) REPEALS AND REDESIGNATIONS.—The El- (1) by redesignating such title as title XI; ‘‘(3) assisting efforts in schools and class- ementary and Secondary Education Act of (2)(A) by redesignating sections 14101, rooms to improve teaching and the climate 1965 (20 U.S.C 6301 et seq.) is further amended 14102, and 14103 as sections 11101, 11102, and for learning, particularly in high-poverty by— 11103, respectively; and schools, including efforts related to tech- (1) repealing sections 11003 and 11007; and (B) by amending section 11103 (as so redes- nology, professional development, school vi- (2) redesignating— ignated) to read as follows: olence and drug prevention, and public (A) title XI as part I of title XI; and school choice; (B) sections 11001, 11002, 11004, 11005, and ‘‘SEC. 11103. APPLICABILITY TO BUREAU OF IN- DIAN AFFAIRS OPERATED SCHOOLS. ‘‘(4) promoting flexibility with account- 11006 as sections 11901, 11902, 11903, 11904, and ‘‘For purposes of any competitive program ability; 11905, respectively. (b) MISCELLANEOUS.—Part I of title XI, as under this Act— ‘‘(5) supporting efforts to strengthen fam- redesignated by subsection (a)(2), is ‘‘(1) a consortium of schools operated by ily and community involvement in edu- amended— the Bureau of Indian Affairs; cation; (1) by amending section 11903, as redesig- ‘‘(2) a school operated under a contract or ‘‘(6) targeting their resources effectively; nated by subsection (a)(2)(B), to read as fol- grant with the Bureau of Indian Affairs in ‘‘(7) contributing to reform efforts and con- lows: consortium with another contract or grant tinuous improvement; and school, or with a tribal or community orga- ‘‘(8) achieving other goals consistent with ‘‘SEC. 11903. PROJECT DEVELOPMENT AND IM- PLEMENTATION. nization; or the purposes of this Act. ‘‘(c) INDEPENDENT PANEL.—The Secretary ‘‘(a) APPLICATIONS.—Each eligible entity ‘‘(3) a Bureau of Indian Affairs school in shall establish an independent panel to re- desiring to use funds made available under consortium with an institution of higher view studies under subsection (b) to advise section 11405(b) shall submit an application education, with a contract or grant school, the Secretary on their progress, and to com- to the appropriate State educational agency or with a tribal or community organization, ment, if the panel chooses, on the final re- at such time, in such manner, and accom- shall be given the same consideration as a port described in subsection (d). panied by such information as that agency local educational agency.’’; ‘‘(d) REPORTS.—The Secretary shall submit may reasonably require. (3) by redesignating— an interim report on the evaluation de- ‘‘(b) PROJECT ACTIVITIES.—An eligible enti- (A) part B as part D; and scribed in subsection (b) within three years ty that wishes to conduct a coordinated serv- (B) sections 14201, 14202, 14203, 14205, and of enactment of the Educational Excellence ices project shall— 14206 as sections 11401, 11402, 11403, 11404, and for All Children Act of 2000 and a final report ‘‘(1) maintain on file— 11405, respectively; within four years of its enactment to the ‘‘(i) the results of its assessment of the (4) by redesignating— Committee on Education and the Workforce economic, social, and health barriers to edu- (A) part C as part E; and of the House of Representatives and to the cational achievement experienced by chil- (B) sections 14301, 14302, 14303, 14305, 14306, Committee on Health, Education, Labor and dren and families, including foster children and 14307 as sections 11501, 11502, 11503, 11504, Pensions of the Senate. and their foster families, in the community, 11505, and 11506, respectively; ‘‘(e) PARTNERSHIPS TO STRENGTHEN PER- and of the local, State, Federal, and pri- (5) by redesignating— FORMANCE INFORMATION FOR IMPROVEMENT.— vately funded services available to meet (A) part D as part F; and The Secretary may provide technical assist- those needs; (B) section 14401 as section 11601;

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00164 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.023 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3439 (6) by redesignating— (v) in paragraph (6), by amending subpara- (1) by redesignating the Education Flexi- (A) part E as part H; and graph (A) to read as follows: bility Partnership Act, as amended by sub- (B) sections 14501, 14502, 14503, 14504, 14505, ‘‘(A) IN GENERAL.—The Secretary shall not section (a), as part G of title XI; and 14506, 14507, 14508, 14509, 14510, 14511, and 14512 approve the application of a State edu- (2) by redesignating sections 1, 2, 3, and 4 as sections 11801, 11802, 11803, 11804, 11805, cational agency under paragraph (3) for a pe- as sections 11701, 11702, 11703, and 11704, re- 11806, 11807, 11808, 11809, 11810, 11811, and riod exceeding 5 years, except that the Sec- spectively. 11812, respectively; retary may, in accordance with subpara- SEC. 1111. ACCOUNTABILITY. (7) by redesignating— graph (C), extend that period if the Secretary Title XI as redesignated by section 1109, is (A) part G as part J; and determines that— further amended by inserting a new part B to (B) sections 14701 and 14702 as sections 11911 ‘‘(i) the State educational agency’s author- read as follows: ity to grant waivers has been effective in en- and 11912, respectively; and ‘‘PART B—IMPROVING EDUCATION abling that State or affected local edu- (8) by redesignating— THROUGH ACCOUNTABILITY (A) part H as part K and cational agencies or schools to carry out (B) sections 14801 and 14802 as sections 11921 their State or local reform plans and to con- ‘‘SEC. 11201. SHORT TITLE. and 11922, respectively. tinue to meet the accountability require- ‘‘This part may be cited as the ‘‘Education Accountability Act of 2000’’. SEC. 1110. ED-FLEX PARTNERSHIPS. ment described in paragraph (2)(B); and ‘‘SEC. 11202. PURPOSE. (a) IN GENERAL.—The Education Flexi- ‘‘(ii) the State has made significant state- bility Partnership Act of 1999 (P.L. 106–25) is wide gains in student achievement and in It is the purpose of this part to improve amended— closing the achievement gap between low- academic achievement for all children, assist (1) by striking out everything before sec- and high-performing students.’’; and in meeting America’s Education Goals under tion 1; (vi) in paragraph (7), by striking out ‘‘1999’’ section 3 of this Act, promote the incorpora- (2) in section 1, by— and inserting ‘‘2000’’; tion of challenging State academic content (A) striking out ‘‘Act’’ and inserting in (B) by amending subsection (b) to read as and student performance standards into lieu thereof ‘‘part’’; and follows: classroom practice, enhance the account- (B) striking out ‘‘of 1999’’; ‘‘(b) INCLUDED PROGRAMS.—The statutory ability of State and local officials for stu- (3) in section (2), by— and regulatory requirements referred to in dent progress, and improve the effectiveness (A) striking out paragraph (5); subsection (a)(1)(A) are any requirements for of programs under this Act and the edu- programs carried out under the following (B) redesignating paragraphs (6) and (7) as cational opportunities of the students that provisions: paragraphs (5) and (6), respectively; and they serve. ‘‘(1) Title I of this Act (other than sub- (C) in paragraph (5), as redesignated by ‘‘Subpart 1—Turning Around Failing Schools section (a) and (c) of section 1116). subparagraph (B), by— ‘‘(2) Part A of title II of this Act. ‘‘SEC. 11211. TURNING AROUND FAILING (i) striking out ‘‘Expansion of waiver au- SCHOOLS. ‘‘(3) Subpart 1 of part D of title III of this thority will allow for the waiver of’’ and in- ‘‘Consistent with section 1111(b)(3)(B) of Act. serting ‘‘States should be allowed to waive’’; this Act, a State that receives assistance ‘‘(4) Part A of title IV of this Act. and under this Act shall develop and implement ‘‘(5) Title VI of this Act. (ii) striking out the comma after ‘‘affected a statewide system for holding its local edu- ‘‘(6) Part B of title VII of this Act. programs’’ and everything that follows cational agencies and schools accountable ‘‘(7) The Carl D. Perkins Vocational and through ‘‘and maintaining’’ and inserting for student performance that includes— Technical Education Act of 1998. ‘‘and maintaining’’; ‘‘(1) a procedure for identifying local edu- ‘‘(8) Subtitle B of title VII of the Stewart (4) by amending section 3 to read as fol- cational agencies and schools in need of im- B. McKinney Homeless Assistance Act.’’; lows: provement; (C) in subsection (c)— ‘‘(2) intervening in those agencies and ‘‘SEC. 3. DEFINITIONS. (i) in subparagraph (G), by striking out schools to improve teaching and learning; ‘‘As used in this part, the terms ‘eligible ‘‘such Act’’ and inserting ‘‘this Act’’; and school attendance area’ and ‘school attend- (ii) by redesignating subparagraphs (H) and ‘‘(3) implementing corrective actions, if ance area’ have the meanings given those (I) as subparagraphs (I) and (J), respectively; those interventions are not effective. terms in section 1113(a)(2) of this Act.’’; and (5) in section 4— (iii) by inserting a new subparagraph (H) to ‘‘SEC. 11212. ENSURING TEACHER QUALITY. (A) in subsection (a)— read as follows: ‘‘(a) IN GENERAL.—A State that receives as- (i) in paragraph (2)— ‘‘(H) the eligibility of a school for a sistance under this Act shall, at the time it (I) in the matter before subparagraph (A), schoolwide program under section 1114 of submits its accountability plan under sec- by inserting a comma after ‘‘section’’; this Act, except that a State educational tion 11221, have in effect a policy that— (II) by amending subparagraph (A) to read agency may grant a waiver to allow a local ‘‘(1) is designed to ensure that there are as follows: educational agency to conduct a schoolwide qualified teachers in every classroom in the ‘‘(A) has an approved educational account- program in a school that serves an attend- State; and ability plan under section 11208 of this Act ance area in which not less than 40 percent ‘‘(2) meets the requirements of this sec- and is making satisfactory progress, as de- of the children are from low-income families tion. termined by the Secretary, in implementing or in which not less than 40 percent of the ‘‘(b) POLICY.—A policy to ensure teacher its policies under sections 11204 and 11205 of children enrolled are from such families;’’ ; quality under this section shall include the this Act;’’; and (D) in subsection (d)— strategies that the State will carry out to (III) by amending subparagraph (B) to read (i) in paragraph (1), by striking out ‘‘the ensure that, within four years from the date as follows: waiver authority’’ and inserting ‘‘that waiv- of the approval of its accountability plan— ‘‘(B) has developed and implemented chal- er authority’’; and ‘‘(1) not less than 95 percent of the teachers lenging State content standards, challenging (ii) in paragraph (4), by— in public schools in the State are certified State student performance standards, and (I) striking out ‘‘date of the enactment of or— aligned assessments described in section this Act’’ and inserting ‘‘effective date of ‘‘(A) have a baccalaureate degree and are 1111(b) of this Act; and’’; this part’’; and enrolled in a program, such as an alternative (ii) in paragraph (3)(B)— (II) striking out ‘‘subpart 2 of part A of certification program, leading to full certifi- (I) in the matter before clause (i), by strik- title III of the Elementary and Secondary cation in their field within three years; or ing out ‘‘such application’’ and inserting Education Act of 1965 (other than section ‘‘(B) have full certification in another ‘‘it’’; and 3136 of such Act)’’ and inserting ‘‘subpart 1 of State and are establishing certification (II) in clause (iv)(I), by striking out ‘‘have part D of title III of this Act’’; and where they are teaching; the ability to’’ and inserting ‘‘can’’; (E) at the end thereof, by adding a new ‘‘(2) not less than 95 percent of the teachers (iii) in paragraph (4)(A)— subsection (f) to read as follows: in public secondary schools in the State have (I) in the matter before clause (i), by in- ‘‘(f) TRANSITION.—Waivers granted under academic training or demonstrated com- serting a comma immediately after ‘‘para- applicable ED-Flex authority prior to the ef- petence in the subject area in which they graph (1)(A)’’ and immediately after ‘‘regu- fective date of this part shall remain in ef- teach; latory requirement’’, the second time that fect in accordance with the terms and condi- ‘‘(3) there is no disproportionate con- phrase appears, respectively; and tions that applied to those waivers when centration in particular school districts of (II) in clause (iv), by striking out ‘‘why’’ they were granted. Waivers granted on or teachers who are not described in paragraphs and inserting ‘‘how’’; after the effective date of this part shall be (1) or (2); and (iv) in paragraph (5)— subject to the provisions of this part.’’; ‘‘(4) its certification process for new teach- (I) in subparagraph (B)(ii), by striking out (6) by striking out ‘‘the Elementary and ers includes an assessment of content knowl- ‘‘each such State’’ and inserting in lieu Secondary Education Act of 1965’’ each place edge and teaching skills that is aligned with thereof ‘‘it’’; and it appears and inserting ‘‘this Act’’; and State standards. (II) in subparagraph (C), by striking out ‘‘2 (7) by repealing sections 5 and 6. ‘‘(c) PLAN CONTENT.—(1) A State shall in- years after the date of the enactment of this (b) REDESIGNATIONS.—Title XI is further clude in its accountability plan under sec- Act’’ and inserting ‘‘May 1, 2001’’; amended— tion 11221 the performance indicators by

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00165 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.023 pfrm09 PsN: S03PT1 S3440 CONGRESSIONAL RECORD — SENATE May 3, 2000 which it will annually measure its progress containing such information as the Sec- goals and objectives of such parts for 3 con- in— retary may require, on its progress in car- secutive fiscal years, the Secretary shall— ‘‘(A) decreasing the percentage of teachers rying out the requirements of this part, and ‘‘(1) withhold not less than 50 percent of in the State teaching without full licenses or shall include such report in its consolidated the funds made available under the relevant credentials; and State performance report under section program for administrative expenses for the ‘‘(B) increasing the percentage of sec- 11506. succeeding fiscal year, and for each consecu- ondary school classes in core academic sub- ‘‘(2) In reporting on its progress in imple- tive fiscal year thereafter for which the reject areas taught by teachers who— menting its student progress and social pro- cipient fails to meet such goals and objec- ‘‘(i) have a postsecondary-level academic motion policy under section 11204, a State tives; and major or minor in the subject area they shall assess the effect of its policy, and its ‘‘(2) in the case of— teach or a related field; or implementation, in improving academic ‘‘(A) a competitive grant, consider the re- ‘‘(ii) otherwise demonstrate a high level of achievement for all children and otherwise cipient ineligible for future grants until the competence through rigorous tests in their carrying out the purpose specified in section applicants meet such goals and objectives; academic subject. 11202. and ‘‘(2) In its accountability plan under sec- ‘‘(d) RELATIONSHIP TO CONSOLIDATED ‘‘(B) a formula grant, withhold not less tion 11221, a State shall assure that, in car- PLAN.—(1) If a State submits a consolidated than 20 percent of the total amount of funds rying out this policy, it will not decrease the State plan under section 11502, it shall in- provided under title VI for the succeeding rigor or quality of its teacher certification clude in that plan its accountability plan fiscal year and each consecutive fiscal year standards. under this section. thereafter for which the recipient fails to ‘‘SEC. 11213. SOUND DISCIPLINE POLICY. ‘‘(2) If a State does not submit a consoli- meet such goals and objectives. ‘‘(a) IN GENERAL.—A State that receives as- dated State plan, it shall submit a separate ‘‘(c) OTHER PENALTIES.—A State that has sistance under this Act shall, at the time it accountability plan under this section to re- not meet the requirements of subsection submits its accountability plan under sec- ceive assistance under this Act. (a)(2) with respect to a fiscal year— tion 11221, have in effect a policy that re- ‘‘(e) APPROVAL.—(1)(A) The Secretary shall ‘‘(A) is not eligible for Ed-Flex designation quires its local educational agencies and approve an accountability plan under this under the Education Flexibility Partnership schools to have in place and implement section if the Secretary determines that it Act of 1999; and sound and equitable discipline policies, in complies substantially with the require- ‘‘(B) shall be subject to such other pen- order to ensure a safe, orderly, and drug-free ments of this part. alties as are provided for violation of this learning environment in every school. ‘‘(B) The Secretary may accompany the ap- Act. ‘‘(b) POLICY.—A State discipline policy proval of a plan with conditions that are ‘‘(d) SPECIAL RULE FOR SECRETARY under this section shall require local edu- consistent with the purpose of this part. AWARDS.— cational agencies and schools to have in ‘‘(2) In reviewing accountability plans ‘‘(1) IN GENERAL.—Notwithstanding any place and implement disciplinary policies under this part, the Secretary shall employ other provision of this Act, a recipient of that— the peer-review procedures under section funds provided under a direct award made by ‘‘(1) focus on prevention and are coordi- 11502(e). the Secretary, or a contract or cooperative nated with prevention strategies and pro- ‘‘(3) If a State does not submit a consoli- agreement entered into with the Secretary, grams under title IV of this Act; dated State plan under section 11502, the shall include the following in any applica- ‘‘(2) apply to all students and are enforced Secretary shall, in considering that State’s tion or plan required under such programs: consistently and equitably; separate accountability plan under this sec- ‘‘(A) How funds provided under the pro- ‘‘(3) are clear and understandable; tion, employ such procedures, comparable to gram will be used and how such use will in- ‘‘(4) are developed with the participation of those set forth in section 11502(e), as the Sec- crease student academic achievement. school staff, students, and parents; retary may determine. ‘‘(B) The goals and objectives to be met, in- ‘‘(5) are broadly disseminated; ‘‘SEC. 11221A. ADDITIONAL ACCOUNTABILITY cluding goals for dissemination and use of ‘‘(6) ensure that due process is provided; PROVISIONS. the information or materials produced, ‘‘(7) are consistent with applicable Federal, ‘‘(a) IN GENERAL.—Notwithstanding any where applicable. State and local laws, including the Individ- other provision of this Act, a recipient of ‘‘(C) If the grant requires dissemination of uals With Disabilities Education Act; funds provided under part A of title I, part B, information or materials, how the recipient ‘‘(8) ensure that teachers are adequately D, F, G, or H of title II, part A, B, C, D, or will track and report annually to the trained to manage their classrooms effec- E of title III, part A of title IV, title VII, or Secretary— tively; and title X shall include the following in the ‘‘(i) the successful dissemination of infor- ‘‘(9) in case of students who are suspended plans or applications and reports required mation or materials produced; or expelled from school, provide for appro- under such provisions: ‘‘(ii) where information or materials propriate supervision, counseling, and edu- ‘‘(1) The methods the recipient will use to duced are being used; and cational services that will help those stu- measure the annual impact of each program ‘‘(iii) what is the impact of such use and, if dents continue to meet the State’s chal- funded in whole or in part with funds pro- applicable, the extent to which such use in- lenging standards. vided under such part and, if applicable, the creased student academic achievement or ‘‘(c) PLAN CONTENT.—A State shall include extent to which each such program will in- contributed to the stated goal of the pro- in its accountability plan under section 11221 crease student academic achievement. gram. an assurance that it has in effect a policy ‘‘(2) The annual, quantifiable, and measur- ‘‘(2) REQUIREMENT.—If no application or that meets the requirements of this section. able performance goals and objectives for plan is required under a program, contract, ‘‘Subpart 2—Accountability and Performance each such program, including the adequate or cooperative agreement described in paragraph (1), the Secretary shall require the re- ‘‘SEC. 11221. EDUCATION ACCOUNTABILITY yearly progress established under part A of PLANS. title I, the extent to which, if applicable, the cipient of funds to submit a plan containing ‘‘(a) IN GENERAL.—Each State that receives program’s goals and objectives align with the information required under paragraph assistance under this Act on or after July 1, State content standards and State student (1). 2000, shall have on file with the Secretary an performance standards established under ‘‘(3) FAILURE TO ACHIEVE GOALS AND OBJEC- approved accountability plan that meets the section 1111(b)(1)(A). TIVES.— requirements of this section. ‘‘(3) If the recipient is a local educational ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(b) CONTENT.—An accountability plan agency, provide assurances that the local evaluate the information submitted under under subsection (a) shall include— educational agency consulted, at a min- this subsection to determine whether the re- ‘‘(1) a description of the State’s system imum, with parents, school board members, cipient has met the goals and objectives de- under section 11203; teachers, administrators, business partners, scribed in paragraph (1)(B), where applicable, ‘‘(2) a description of the steps the State education organizations, and community assess the magnitude of dissemination, and, will take to ensure that all local educational groups to develop the plan submitted and where applicable, assess the effectiveness of agencies have the capacity needed to ensure that such consultation will continue on a the activity funded in raising student aca- compliance with this part; regular basis. demic achievement in places where informa- ‘‘(3) the information or assurances called ‘‘(4) A report for the preceding fiscal year tion or materials produced with such funds for by sections 11204(c), 11205(c), 11206(c), and regarding how the plan submitted for such are used. 11207(e); fiscal year was implemented, the recipient’s ‘‘(B) INELIGIBILITY.—The Secretary shall ‘‘(4) information indicating that the Gov- progress towards attaining the goals and ob- consider the recipient ineligible for future ernor and the State educational agency con- jectives identified in such plan for such year, grants under the program, contract, or coop- cur with the plan; and and, if applicable, the extent to which pro- erative agreement described in paragraph (1) ‘‘(5) any other information that the Sec- grams funded in whole or in part with funds if— retary may reasonably require to ensure the provided under such part increased student ‘‘(i) the goals and objectives described in proper and effective administration of this achievement. paragraph (1)(B) have not been met; part. ‘‘(b) PENALTIES.—If a recipient of funds ‘‘(ii) where applicable, dissemination has ‘‘(c) REPORTS.—(1) A State shall report an- provided under the parts of this Act de- not been of a magnitude to ensure goals are nually to the Secretary, in such form and scribed in subsection (a) fails to meet the being addressed; and

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00166 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.024 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3441 ‘‘(iii) where applicable, the information or ‘‘(9) Taking any other appropriate account- and the Secretary, with respect to all ele- materials produced have not made a signifi- ability step that is consistent with this Act, mentary schools and secondary schools with- cant impact on raising student achievement including referral to the Department of Jus- in the State. in places where such information or mate- tice for enforcement. ‘‘(2) REQUIREMENTS.—Annual report cards rials are used. ‘‘(b) EFFECTIVE ENFORCEMENT.—If remedial under this part shall be— ‘‘SEC. 11222. PARENTAL INVOLVEMENT PLAN. steps taken by the Secretary under sub- ‘‘(A) concise; and ‘‘(a) STATE PARENTAL INVOLVEMENT section (a) fail to correct the State’s non- ‘‘(B) presented in a format and manner PLAN.—In order to receive Federal funding compliance, the Secretary shall take one or that parents can understand, including, to for any program authorized under this Act, a more additional steps under subsection (a) to the extent practicable, in a language the par- State educational agency shall (as part of a bring the State into compliance. ents can understand. ‘‘(g) CONTENT OF ANNUAL STATE REPORTS.— consolidated application, or other State plan ‘‘SEC. 11224. REPORT CARDS. ‘‘(1) REQUIRED INFORMATION.—Each State or application submitted under this Act) sub- ‘‘(a) GRANTS AUTHORIZED.—The Secretary described in subsection (f)(1), at a minimum, mit to the Secretary— shall award a grant, from allotments under shall include in the annual State report in- ‘‘(1) a description of the agency’s parental subsection (b), to each State having a State formation regarding— involvement policies, consistent with section report card meeting the requirements de- ‘‘(A) student performance on statewide as- 1118, including specific details about— scribed in subsection (g), to enable the State sessments for the year for which the annual ‘‘(A) how Federal funds will be used to im- annually to publish report cards for each ele- State report is made, and the preceding year, plement such policies; and mentary school and secondary school that in at least English language arts and mathe- ‘‘(B) how successful research-based prac- receives funding under this Act and is served matics, including— tices will be implemented in schools by the State. ‘‘(i) a comparison of the proportions of stu- throughout the State; and ‘‘(b) RESERVATIONS AND ALLOTMENTS.— dents who performed at the basic, proficient, ‘‘(2) a description of how such policies will ‘‘(1) RESERVATIONS.—From the amount ap- and advanced levels in each subject area, for be evaluated with respect to increased paren- propriated under subsection (e) to carry out each grade level at which assessments are re- tal involvement in the schools throughout this part for each fiscal year, the Secretary quired under title I, with proportions in each the State. shall reserve— of the same 4 levels at the same grade levels 1 ‘‘(b) PARENTAL REVIEW OF STATE PARENTAL ‘‘(A) ⁄2 of 1 percent of such amount for pay- in the previous school year; INVOLVEMENT PLAN.—Prior to making the ments to the Secretary of the Interior for ac- ‘‘(ii) a statement on the 3-year trend in the submission described in subsection (a), a tivities approved by the Secretary, con- percentage of students performing at the State educational agency shall involve par- sistent with this part, in schools operated or basic, proficient, and advanced levels in each ents in the development of the policies de- supported by the Bureau of Indian Affairs, on subject area, for each grade level for which scribed in such subsection by— the basis of their respective needs for assist- assessments are required under title I; and ‘‘(1) providing public notice of the policies ance under this part; and ‘‘(iii) a statement of the percentage of stu- in a manner and language understandable to ‘‘(B) 1⁄2 of 1 percent of such amount for pay- dents not tested and a listing of categories of parents; ments to outlying areas, to be allotted in ac- the reasons why such students were not test- ‘‘(2) providing the opportunity for parents cordance with their respective needs for as- ed; and other interested individuals to comment sistance under this part, as determined by ‘‘(B) student retention rates in grades, the on the policies; and the Secretary, for activities, approved by the number of students completing advanced ‘‘(3) including the comments received with Secretary, consistent with this part. placement courses, annual school dropout the submission. ‘‘(2) STATE ALLOTMENTS.—From the rates, as calculated by procedures con- ‘‘(c) LANGUAGE APPLICABILITY.—Each State amount appropriated under subsection (e) for forming with the National Center for Edu- educational agency and local educational a fiscal year and remaining after the Sec- cation Statistics Common Core of Data and agency that is required to establish a paren- retary makes reservations under paragraph 4-year graduation rates; and tal involvement plan or policy under a pro- (1), the Secretary shall allot to each State ‘‘(C) the professional qualifications of gram assisted under this Act shall make having a State report card meeting the re- teachers in the aggregate, including the per- available, to the parents of children eligible quirements described in subsection (g) an centage of teachers teaching with emergency to participate in the program, the plan or amount that bears the same relationship to or provisional credentials, the percentage of policy in the language most familiar to the the remainder as the number of public school class sections not taught by fully qualified parents (where there are significant numbers students enrolled in elementary schools and teachers, and the percentage of teachers who of parents in that language group) and in an secondary schools in the State bears to the are fully qualified. easily understandable manner. number of such students so enrolled in all ‘‘(2) STUDENT DATA.—Student data in each ‘‘SEC. 11223. AUTHORITY OF SECRETARY TO EN- States. report shall contain disaggregated results for SURE ACCOUNTABILITY. ‘‘(c) WITHIN-STATE ALLOCATIONS.—Each the following categories: ‘‘(a) REMEDIES FOR SUBSTANTIAL FAILURE.— State educational agency receiving a grant ‘‘(A) Racial and ethnic groups. If the Secretary determines that a State has under subsection (a) shall allocate the grant ‘‘(B) Gender. failed substantially to carry out a require- funds that remain after making the reserva- ‘‘(C) Economically disadvantaged students, ment of this part or a provision in its ap- tion described in subsection (d) to each local as compared to students who are not eco- proved accountability plan under section educational agency in the State in an nomically disadvantaged. 11208, or that its performance has failed sub- amount that bears the same relationship to ‘‘(D) Students with limited English pro- stantially to meet a performance indicator the remainder as the number of public school ficiency, as compared to students who are in such plan, the Secretary shall take, con- students enrolled in elementary schools and proficient in English. sistent with applicable due process proce- secondary schools served by the local edu- ‘‘(E) Migrant status. dures, one or more of the following steps to cational agency bears to the number of such ‘‘(F) Students with disabilities, as com- ensure that the purpose of this part is car- students so enrolled in all local educational pared with students who are not disabled. ried out promptly: agencies within the State. ‘‘(3) OPTIONAL INFORMATION.—A State may ‘‘(1) Providing, or arranging for the provi- ‘‘(d) STATE RESERVATION OF FUNDS.—Each include in the State annual report any other sion of, technical assistance to the State State educational agency receiving a grant information the State determines appro- educational agency in question. under subsection (a) may reserve— priate to reflect school quality and school ‘‘(2) Requiring a plan for corrective action. ‘‘(1) not more than 10 percent of the grant achievement, including by grade level infor- ‘‘(3) Suspending or terminating authority funds to carry out activities described under mation on average class size and information to grant waivers under applicable ED-Flex subsections (f) and (g), and (i)(1) for fiscal on school safety, such as the incidence of authority. year 2001; and school violence and drug and alcohol abuse, ‘‘(4) Suspending or terminating eligibility ‘‘(2) not more than 5 percent of the grant the incidence of student suspensions and ex- to participate in competitive programs funds to carry out activities described under pulsions, student access to technology, in- under this Act. subsections (f) and (g), and (i)(1) for fiscal cluding the number of computers for edu- ‘‘(5) Withholding, in whole or in part, State year 2002 and each of the 3 succeeding fiscal cational purposes, the number of computers administrative funds available under this years. per classroom, and the number of computers Act. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— connected to the Internet, and parent in- ‘‘(6) Withholding, in whole or in part, pro- There are authorized to be appropriated to volvement, as determined by such measures gram funds available to such State under the carry out this part $5,000,000 for fiscal year as the extent of parental participation in Act. 2001 and such sums as may be necessary for school, parental involvement activities, and ‘‘(7) Imposing one or more conditions upon each of the 4 succeeding fiscal years. extended learning time programs, such as the Secretary’s approval of a State plan or ‘‘(f) ANNUAL STATE REPORT.— after-school and summer programs. application under this Act. ‘‘(1) REPORTS REQUIRED.—Not later than ‘‘(h) LOCAL EDUCATIONAL AGENCY AND ‘‘(8) Taking other action authorized under the beginning of the 2001–2002 school year, a SCHOOL REPORT CARDS.— part D of the General Education Provisions State that receives assistance under this Act ‘‘(1) IN GENERAL.—The State shall ensure Act, such as a cease-and-desist order or com- shall prepare and disseminate an annual re- that each local educational agency, elemen- pliance agreement. port for parents, the general public, teachers tary school, or secondary school in the

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State, collects appropriate data and pub- ‘‘(i) exceeded the States’ performance ob- ‘‘(3) RESERVATION FOR ADMINISTRATIVE EX- lishes an annual report card consistent with jectives established for any title under this PENSES.—Each local educational agency re- this subsection. Act; ceiving an award under paragraph (1) may ‘‘(2) REQUIRED INFORMATION.—Each local ‘‘(ii) exceeded their adequate yearly set aside not more than 1⁄2 of 1 percent of the educational agency, elementary school, and progress levels established in section 1111(b); award for the planning and administrative secondary school described in paragraph (1), ‘‘(iii) significantly narrowed the gaps be- costs of carrying out this section, including at a minimum, shall include in its annual re- tween minority and non-minority students, the costs of distributing awards to eligible port card— and between economically disadvantaged elementary schools and secondary schools, ‘‘(A) the information described in sub- and non-economically disadvantaged stu- teachers, and principals. sections (g)(1) and (2) for each local edu- dents; ‘‘(c) SCHOOL REWARDS.—Each local educational agency and school; ‘‘(iv) raised all students to the proficient cational agency receiving an award under ‘‘(B) in the case of a local educational standard level prior to 10 years from the date subsection (b) shall consult with teachers agency— of enactment of the Educational Opportuni- and principals to develop a reward system, ‘‘(i) information regarding the number and ties Act; or and shall use the award funds— percentage of schools identified for school ‘‘(v) significantly increased the percentage ‘‘(1) to reward individual schools that dem- improvement, including schools identified of core classes being taught by fully quali- onstrate high performance with respect to— under section 1116 of this Act, served by the fied teachers teaching in schools receiving ‘‘(A) increasing the academic achievement local educational agency; funds under part A of title I; or of all students; ‘‘(ii) information on the 3-year trend in the ‘‘(B) by not later than fiscal year 2003, en- ‘‘(B) narrowing the academic achievement number and percentage of elementary sure that all teachers teaching in the States’ gap described in section 1111(b)(2)(B)(vii); schools and secondary schools identified for public elementary schools and secondary ‘‘(C) improving teacher quality; school improvement; and schools are fully qualified. ‘‘(D) increasing high-quality professional ‘‘(iii) information that shows how students ‘‘(2) STATE USE OF FUNDS.— development for teachers, principals, and ad- in the schools served by the local edu- ‘‘(A) DEMONSTRATION SITES.—Each State ministrators; or cational agency perform on the statewide as- receiving an award under paragraph (1) shall ‘‘(E) improving the English proficiency of sessment compared to students in the State use a portion of the award that is not distrib- limited English proficient students; as a whole; uted under subsection (b) to establish dem- ‘‘(2) to reward collaborative teams of ‘‘(C) in the case of an elementary school or onstration sites with respect to high-per- teachers, or teams of teachers and prin- a secondary school— forming schools (based on achievement or cipals, that— ‘‘(i) information regarding whether the performance levels) objectives and adequate ‘‘(A) significantly increase the annual per- school has been identified for school im- yearly progress in order to help low-performance of low-performing students; or provement; forming schools. ‘‘(B) significantly improve in a fiscal year ‘‘(ii) information that shows how the ‘‘(B) IMPROVEMENT OF PERFORMANCE.—Each the English proficiency of limited English school’s students performed on the statewide State receiving an award under paragraph (1) proficient students; assessment compared to students in schools shall use the portion of the award that is not ‘‘(3) to reward principals who successfully used pursuant to subparagraph (A) or (C) and served by the same local educational agency raise the performance of a substantial num- is not distributed under subsection (b) for and to all students in the State; and ber of low-performing students to high aca- the purpose of improving the level of per- ‘‘(iii) information about the enrollment of demic levels; formance of all elementary and secondary students compared to the rated capacity of ‘‘(4) to develop or implement school dis- school students in the State, based on State the schools; and trict-wide programs or policies to increase content and performance standards. ‘‘(D) other appropriate information, wheth- the level of student performance on State as- ‘‘(C) RESERVATION FOR ADMINISTRATIVE EX- er or not the information is included in the sessments that are aligned with State con- PENSES.—Each State receiving an award annual State report. tent standards; and under paragraph (1) may set aside not more ‘‘(i) DISSEMINATION AND ACCESSIBILITY OF ‘‘(5) to reward schools for consistently high than 1⁄2 of 1 percent of the award for the plan- REPORTS AND REPORT CARDS.— achievement in another area that the local ning and administrative costs of carrying educational agency deems appropriate to re- ‘‘(1) STATE REPORTS.—State annual reports out this section, including the costs of dis- under subsection (g) shall be disseminated to ward. tributing awards to local educational agen- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— all elementary schools, secondary schools, cies. and local educational agencies in the State, There are authorized to be appropriated to ‘‘(b) LOCAL EDUCATIONAL AGENCY carry out this section $200,000,000 for fiscal and made broadly available to the public AWARDS.— year 2001, and such sums as may be necessary through means such as posting on the Inter- ‘‘(1) IN GENERAL.—Each State receiving an for each of the 4 succeeding fiscal years. net and distribution to the media, and award under subsection (a)(1) shall distribute ‘‘(e) DEFINITION.—The term ‘low-per- through public agencies. 80 percent of the award funds to local edu- forming student’ means students who are ‘‘(2) LOCAL REPORT CARDS.—Local educational agencies in the State that— below the basic State standard level. cational agency report cards under sub- ‘‘(A) for 3 consecutive years have— ‘‘SEC. 11226. BEST PRACTICES AND MODELS. section (h) shall be disseminated to all ele- ‘‘(i) exceeded the State-established local ‘‘In implementing this part, the Secretary mentary schools and secondary schools educational agency performance objectives shall, after consulting with State and local served by the local educational agency and established for any title under this Act; educational agencies and other agencies, in- to all parents of students attending such ‘‘(ii) exceeded the adequate yearly progress stitutions, and organizations with experience schools, and made broadly available to the level established under section 1111(b)(2); or information relevant to the purpose of public through means such as posting on the ‘‘(iii) significantly narrowed the gaps be- this part, disseminate information about Internet and distribution to the media, and tween minority and nonminority students, best practices, models, and other forms of through public agencies. and between economically disadvantaged technical assistance. ‘‘(3) SCHOOL REPORT CARDS.—Elementary and noneconomically disadvantaged stu- ‘‘SEC. 11227. CONSTRUCTION. school and secondary school report cards dents; ‘‘Nothing in this part shall be construed as under subsection (h) shall be disseminated to ‘‘(iv) raised all students enrolled in schools affecting home schooling or the application all parents of students attending that school, within the local educational agency to the of the civil rights laws or the Individuals and made broadly available to the public, proficient standard level prior to 10 years with Disabilities Education Act.’’. through means such as posting on the Inter- from the date of enactment of the Edu- SEC. 1112. AMERICA’S EDUCATION GOALS PANEL. net and distribution to the media, and cational Opportunities Act; or (a) IN GENERAL.—Title XI, as redesignated through public agencies. ‘‘(v) significantly increased the percentage by section 1109, is further amended by adding ‘‘(j) COORDINATION OF STATE PLAN CON- of core classes being taught by fully quali- at the end the following: TENT.—A State shall include in its plan fied teachers teaching in schools receiving ‘‘PART L—AMERICA’S EDUCATION GOALS under part A of title I or part A of title II, funds under part A of title I; or PANEL an assurance that the State has in effect a ‘‘(B) not later than December 31, 2003, en- policy that meets the requirements of this ‘‘SEC. 11931. AMERICA’S EDUCATION GOALS sured that all teachers teaching in the ele- PANEL. section. mentary schools and secondary schools ‘‘(a) PURPOSE.—It is the purpose of this ‘‘(l) PRIVACY.—Information collected under served by the local educational agencies are section to establish a bipartisan mechanism this section shall be collected and dissemi- fully qualified; or for— nated in a manner that protects the privacy ‘‘(C) have attained consistently high ‘‘(1) building a national consensus for edu- of individuals. achievement in another area that the State cation improvement; and ‘‘SEC. 11225. REWARDING HIGH PERFORMANCE. deems appropriate to reward. ‘‘(2) reporting on progress toward achiev- ‘‘(a) STATE REWARDS.— ‘‘(2) SCHOOL-BASED PERFORMANCE AWARDS.— ing the National Education Goals. ‘‘(1) IN GENERAL.—From amounts appro- A local educational agency may use funds ‘‘(b) AMERICA’S EDUCATION GOALS PANEL.— priated under subsection (d), the Secretary made available under paragraph (1) for ac- ‘‘(1) ESTABLISHMENT.—There is established shall make awards to States that— tivities such as school-based performance in the executive branch an America’s Edu- ‘‘(A) for 3 consecutive years have— awards. cation Goals Panel (hereafter in this section

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referred to as the ‘Goals Panel’) to advise the ‘‘(5) DATE OF APPOINTMENT.—The initial ‘‘(B) REPRESENTATION.—In carrying out President, the Secretary, and Congress. members shall be appointed not later than 60 this section, the Goals Panel shall conduct ‘‘(2) COMPOSITION.—The Goals Panel shall days after the date of enactment of the Ele- hearings to receive reports, views, and anal- be composed of 18 members (hereafter in this mentary and Secondary Education Amend- yses of a broad spectrum of experts and the section referred to as ‘members’), ments of 1999. public on the establishment of voluntary na- including— ‘‘(6) INITIATION.—The Goals Panel may tional content standards, voluntary national ‘‘(A) 2 members appointed by the Presi- begin to carry out the Goals Panel’s duties student performance standards, and State dent; under this section when 10 members of the assessments. ‘‘(B) 8 members who are Governors, 3 of Goals Panel have been appointed. ‘‘(2) INFORMATION.—The Goals Panel may whom shall be from the same political party ‘‘(7) VACANCIES.—A vacancy on the Goals secure directly from any department or as the President and 5 of whom shall be from Panel shall not affect the powers of the agency of the United States information nec- the opposite political party of the President, Goals Panel, but shall be filled in the same essary to enable the Goals Panel to carry out appointed by the Chairperson and Vice manner as the original appointment. this section. Upon request of the Chairperson Chairperson of the National Governors’ Asso- ‘‘(8) TRAVEL.—Each member may be al- of the Goals Panel, the head of a department ciation, with the Chairperson and Vice lowed travel expenses, including per diem in or agency shall furnish such information to Chairperson each appointing representatives lieu of subsistence, as authorized by section the Goals Panel to the extent permitted by of such Chairperson’s or Vice Chairperson’s 5703 of title 5, United States Code, for each law. respective political party, in consultation day the member is engaged in the perform- ‘‘(3) POSTAL SERVICES.—The Goals Panel with each other; ance of duties for the Goals Panel away from may use the United States mail in the same ‘‘(C) 4 Members of Congress, of whom— the home or regular place of business of the manner and under the same conditions as ‘‘(i) 1 member shall be appointed by the member. other departments and agencies of the Majority Leader of the Senate from among ‘‘(9) CHAIRPERSON.— United States. the Members of the Senate; ‘‘(A) IN GENERAL.—The members shall se- ‘‘(4) USE OF FACILITIES.—The Goals Panel ‘‘(ii) 1 member shall be appointed by the lect a Chairperson from among the members. may, with or without reimbursement, and Minority Leader of the Senate from among ‘‘(B) TERM AND POLITICAL AFFILIATION.— with the consent of any agency or instru- the Members of the Senate; The Chairperson of the Goals Panel shall mentality of the United States, or of any ‘‘(iii) 1 member shall be appointed by the serve a 1-year term and shall alternate be- State or political subdivision thereof, use Majority Leader of the House of Representa- tween political parties. the research, equipment, services, and facili- tives from among the Members of the House ‘‘(10) CONFLICT OF INTEREST.—A member of ties of such agency, instrumentality, State, of Representatives; and the Goals Panel who is an elected official of or subdivision, respectively. ‘‘(iv) 1 member shall be appointed by the a State which has developed content or stu- ‘‘(5) ADMINISTRATIVE ARRANGEMENTS AND Minority Leader of the House of Representa- dent performance standards may not partici- SUPPORT.— tives from among the Members of the House pate in Goals Panel consideration of such ‘‘(A) IN GENERAL.—The Secretary shall proof Representatives; and standards. vide to the Goals Panel, on a reimbursable ‘‘(D) 4 members of State legislatures ap- basis, such administrative support services ‘‘(11) EX OFFICIO MEMBER.—If the President pointed by the President of the National has not appointed the Secretary as 1 of the 2 as the Goals Panel may request. Conference of State Legislatures, of whom 2 ‘‘(B) CONTRACTS AND OTHER ARRANGE- members the President appoints pursuant to shall be of the same political party as the MENTS.—The Secretary, to the extent appro- paragraph (2)(A), then the Secretary shall President of the United States. priate, and on a reimbursable basis, shall serve as a nonvoting ex officio member of the ‘‘(3) SPECIAL APPOINTMENT RULES.— enter into contracts and make other ar- Goals Panel. ‘‘(A) IN GENERAL.—The members appointed rangements that are requested by the Goals pursuant to paragraph (2)(B) shall be ap- ‘‘(c) DUTIES.— Panel to help the Goals Panel compile and pointed as follows: ‘‘(1) IN GENERAL.—The Goals Panel shall— analyze data or carry out other functions ‘‘(i) SAME PARTY.—If the Chairperson of the ‘‘(A) report to the President, the Sec- necessary to the performance of such respon- National Governors’ Association is from the retary, and Congress regarding the progress sibilities. same political party as the President, the the Nation and the States are making to- ‘‘(6) GIFTS.—The Goals Panel may accept, Chairperson shall appoint 3 individuals and ward achieving America’s Education Goals, administer, and utilize gifts or donations of the Vice Chairperson of such association including issuing an annual report; services, money, or property, whether real or shall appoint 5 individuals. ‘‘(B) report on, and widely disseminate personal, tangible or intangible. ‘‘(ii) OPPOSITE PARTY.—If the Chairperson through multiple strategies, promising or ef- ‘‘(e) ADMINISTRATIVE PROVISIONS.— of the National Governors’ Association is fective actions being taken at the Federal, ‘‘(1) MEETINGS.—The Goals Panel shall from the opposite political party as the State, and local levels, and in the public and meet on a regular basis, as necessary, at the President, the Chairperson shall appoint 5 private sectors, to achieve America’s Edu- call of the Chairperson of the Goals Panel or individuals and the Vice Chairperson of such cation Goals; a majority of the Goals Panel’s members. association shall appoint 3 individuals. ‘‘(C) report on, and widely disseminate on ‘‘(2) QUORUM.—A majority of the members ‘‘(B) SPECIAL RULE.—If the National Gov- promising or effective practices pertaining shall constitute a quorum for the trans- ernors’ Association has appointed a panel to, the achievement of each of the 8 Amer- action of business. that meets the requirements of paragraph (2) ica’s Education Goals; and ‘‘(3) VOTING AND FINAL DECISION.— and subparagraph (A), except for the require- ‘‘(D) help build a bipartisan consensus for ‘‘(A) VOTING.—No individual may vote, or ments of subparagraph (D) of paragraph (2), the reforms necessary to achieve America’s exercise any of the powers of a member, by prior to the date of enactment of the Ele- Education Goals. proxy. mentary and Secondary Education Amend- ‘‘(2) REPORT.— ‘‘(B) FINAL DECISIONS.— ments of 1999, then the members serving on ‘‘(A) IN GENERAL.—The Goals Panel shall ‘‘(i) CONSENSUS.—In making final decisions such panel shall be deemed to be in compli- annually prepare and submit to the Presi- of the Goals Panel with respect to the exer- ance with the provisions of such paragraph dent, the Secretary, the appropriate commit- cise of the Goals Panel’s duties and powers and subparagraph and shall not be required tees of Congress, and the Governor of each the Goals Panel shall operate on the prin- to be reappointed pursuant to such para- State a report that shall— ciple of consensus among the members of the graph and subparagraph. ‘‘(i) assess the progress of the United Goals Panel. ‘‘(C) REPRESENTATION.—To the extent fea- States toward achieving America’s Edu- ‘‘(ii) VOTES.—Except as otherwise provided sible, the membership of the Goals Panel cation Goals; and in this section, if a vote of the membership shall be geographically representative and ‘‘(ii) identify actions that should be taken of the Goals Panel is required to reach a reflect the racial, ethnic, and gender diver- by Federal, State, and local governments— final decision with respect to the exercise of sity of the United States. ‘‘(I) to enhance progress toward achieving the Goals Panel’s duties and powers, then ‘‘(4) TERMS.—The terms of service of mem- America’s Education Goals; and such final decision shall be made by a 3⁄4 vote bers shall be as follows: ‘‘(II) to provide all students with a fair op- of the members of the Goals Panel who are ‘‘(A) PRESIDENTIAL APPOINTEES.—Members portunity-to-learn. present and voting. appointed under paragraph (2)(A) shall serve ‘‘(B) FORM; DATA.—Reports shall be pre- ‘‘(4) PUBLIC ACCESS.—The Goals Panel shall at the pleasure of the President. sented in a form, and include data, that is ensure public access to the Goals Panel’s ‘‘(B) GOVERNORS.—Members appointed understandable to parents and the general proceedings (other than proceedings, or por- under paragraph (2)(B) shall serve for 2-year public. tions of proceedings, relating to internal per- terms, except that the initial appointments ‘‘(d) POWERS OF THE GOALS PANEL.— sonnel and management matters) and make under such paragraph shall be made to en- ‘‘(1) HEARINGS.— available to the public, at reasonable cost, sure staggered terms with 1⁄2 of such mem- ‘‘(A) IN GENERAL.—The Goals Panel shall, transcripts of such proceedings. bers’ terms concluding every 2 years. for the purpose of carrying out this section, ‘‘(f) DIRECTOR AND STAFF; EXPERTS AND ‘‘(C) CONGRESSIONAL APPOINTEES AND STATE conduct such hearings, sit and act at such CONSULTANTS.— LEGISLATORS.—Members appointed under times and places, take such testimony, and ‘‘(1) DIRECTOR.—The Chairperson of the subparagraphs (C) and (D) of paragraph (2) receive such evidence, as the Goals Panel Goals Panel, without regard to the provi- shall serve for 2-year terms. considers appropriate. sions of title 5, United States Code, relating

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to the appointment and compensation of of- States and communities are not, on their ‘‘(e) CONSTRUCTION OF NEW SCHOOLS.—In ficers or employees of the United States, own, able to meet the burden of providing addition to any other activity authorized shall appoint a Director of the Goals Panel adequate school facilities for all students, under section 12003, an eligible local edu- to be paid at a rate not to exceed the rate of and the poorest communities have had the cational agency may use grant funds re- basic pay payable for level V of the Execu- greatest difficulty meeting this need. It is, ceived under this section to construct a new tive Schedule. therefore, appropriate for the Federal Gov- school if the agency demonstrates to the ‘‘(2) APPOINTMENT AND PAY OF EMPLOY- ernment to provide assistance to high-need Secretary’s satisfaction that the agency will EES.— communities for school repair and renova- replace an existing school that is in such ‘‘(A) APPOINTMENT.— tion. poor condition that renovating the school ‘‘(i) IN GENERAL.—The Director may ap- ‘‘SEC. 12002. PURPOSE. will not be cost-effective. point not more than 4 additional employees ‘‘The purpose of this title is to assist high- ‘‘SEC. 12005. GRANTS TO HIGH-POVERTY LOCAL to serve as staff to the Goals Panel without need local educational agencies in making EDUCATIONAL AGENCIES. regard to the provisions of title 5, United urgent repairs and renovations to public ‘‘(a) GRANTS AUTHORIZED.—From funds States Code, governing appointments in the school facilities in order to— available under section 12008(b)(1), the Sec- competitive service. ‘‘(1) reduce health and safety problems, in- retary shall make grants, on a competitive ‘‘(ii) PAY.—The employees appointed under cluding violations of local or State fire basis, to local educational agencies with pov- subparagraph (A) may be paid without re- codes, faced by students; and erty rates of 25 percent or greater to enable gard to the provisions of chapter 51 and sub- ‘‘(2) improve the ability of students to the agencies to carry out the authorized ac- chapter III of chapter 53 of that title relating learn in their school environment. tivities described in section 12003. to classification and General Schedule pay ‘‘SEC. 12003. AUTHORIZED ACTIVITIES. ‘‘(b) CRITERIA FOR AWARDING GRANTS.—In rates, but shall not be paid a rate that ex- ‘‘(a) IN GENERAL.—A recipient of a grant or awarding grants under this section, the Sec- ceeds the maximum rate of basic pay pay- loan under this title shall use the grant or retary shall consider— able for GS–15 of the General Schedule. loan funds to carry out the purpose of this ‘‘(1) the poverty rate, the need for school ‘‘(B) ADDITIONAL EMPLOYEES.—The Director title by— repairs and renovations, and the fiscal capac- may appoint additional employees to serve ‘‘(1) repairing or replacing roofs, electrical ity of each local educational agency; and as staff to the Goals Panel in accordance wiring or plumbing systems; ‘‘(2) such other factors as the Secretary de- with title 5, United States Code. ‘‘(2) repairing, replacing, or installing termines appropriate. ‘‘(3) EXPERTS AND CONSULTANTS.—The heating, ventilation, or air conditioning sys- ‘‘(c) APPLICATIONS.—Each eligible local Goals Panel may procure temporary and tems; educational agency that desires to receive a intermittent services of experts and consult- ‘‘(3) ensuring that repairs and renovations grant under this section shall submit an ap- ants under section 3109(b) of title 5, United under this title comply with the require- plication to the Secretary that includes— States Code. ments of section 504 of the Rehabilitation ‘‘(1) a description of the agency’s urgent ‘‘(4) STAFF OF FEDERAL AGENCIES.—Upon Act of 1973 and the Americans with Disabil- need for school repair and renovation and of the request of the Goals Panel, the head of ities Act of 1990 relating to the accessibility how the agency will use funds available any department or agency of the United of public school programs to individuals with under this title to meet those needs; States may detail any of the personnel of disabilities; and ‘‘(2) information on the fiscal effort that such agency to the Goals Panel to assist the ‘‘(4) making other types of school repairs the agency is making in support of education Goals Panel in the Goals Panel’s duties and renovations that the Secretary may rea- and evidence demonstrating that the agency under this section. sonably determine are urgently needed, par- lacks the capacity to meet the agency’s ur- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ticularly projects to correct facilities prob- gent school repair and renovation needs There are authorized to be appropriated to lems that endanger the health and safety of without assistance made available under this carry out this part $2,500,000 for fiscal year students and staff such as violations of State title; 2001 and such sums as may be necessary for or local fire codes. ‘‘(3) a description of the steps the agency each of the 4 succeeding fiscal years.’’. ‘‘(b) LIMITATION.—The Secretary shall not will take to adequately maintain the facili- (b) TRANSITION RULE.—Each individual who approve an application for a grant or loan ties that the agency repairs or renovates is a member or employee of the National under this title unless the applicant dem- with the assistance; and Education Goals Panel on the date of enact- onstrates to the Secretary’s satisfaction ‘‘(4) such other information and assurances ment of the Elementary and Secondary Edu- that the applicant lacks sufficient funds, as the Secretary may reasonably require. cation Amendments of 1999 shall be a mem- from other sources, to carry out the repairs ‘‘SEC. 12006. SCHOOL RENOVATION GRANTS AND ber or employee, respectively, of the Amer- or renovations for which the applicant is re- LOANS. ica’s Education Goals Panel, without inter- questing assistance. ‘‘(a) GRANTS AND LOANS AUTHORIZED.— ruption or loss of service or status. ‘‘SEC. 12004. GRANTS TO LOCAL EDUCATIONAL From funds available under section TITLE XII—PUBLIC SCHOOL REPAIR AND AGENCIES WITH HIGH CONCENTRA- 12008(b)(2), the Secretary shall make grants, RENOVATION TIONS OF STUDENTS LIVING ON IN- and shall pay the cost of loans made, on a DIAN LANDS. SEC. 1201. PUBLIC SCHOOL REPAIR AND RENOVA- competitive basis, to local educational agen- ‘‘(a) GRANTS AUTHORIZED.—From funds TION. cies that lack the ability to fund urgent available under section 12008(a), the Sec- Title XII (20 U.S.C. 8501 et seq.) is amended school repairs without a grant or loan pro- retary shall award grants to local edu- to read as follows: vided under this section to enable the agen- cational agencies to enable the agencies to cies to carry out the authorized activities ‘‘TITLE XII—PUBLIC SCHOOL REPAIR AND carry out the authorized activities described described in section 12003. RENOVATION in section 12003 and subsection (e). ‘‘(b) LOAN PERIOD.—Each loan under this ‘‘SEC. 12001. FINDINGS. ‘‘(b) ELIGIBILITY.—A local educational ‘‘Congress finds as follows: agency is eligible for a grant under this sec- section shall be for a period of 7 years and ‘‘(1) The General Accounting Office esti- tion if the number of children determined shall carry an interest rate of 0 percent. mated in 1995 that it would cost under section 8003(a)(1)(C) of this Act for ‘‘(c) CRITERIA FOR MAKING LOANS.—In mak- $112,000,000,000 to bring our Nation’s school that agency constituted at least 50 percent ing loans under this section, the Secretary facilities into good overall condition. of the number of children who were in aver- shall consider— ‘‘(2) The General Accounting Office also age daily attendance at the schools of such ‘‘(1) the extent of poverty, the need for found in 1995 that 60 percent of the Nation’s agency during the preceding school year. school repairs and renovations, and the fiscal schools, serving 28,000,000 students, reported ‘‘(c) ALLOCATION OF FUNDS.—The Secretary capacity of each applicant; and that 1 or more building features, such as shall allocate funds available to carry out ‘‘(2) such other factors as the Secretary de- roofs and plumbing, needed to be extensively this section to eligible local educational termines appropriate. repaired, overhauled, or replaced. agencies based on their respective numbers ‘‘(d) APPLICATIONS.—Each eligible local ‘‘(3) The National Center for Education of children in average daily attendance who educational agency that desires to receive a Statistics reported that the average age for are counted under section 8003(a)(1)(C) of this grant or loan under this section shall submit a school building in 1998 was 42 years and Act. an application to the Secretary that includes that local educational agencies with rel- ‘‘(d) APPLICATIONS.—Each eligible local the information described in section 12005(c). atively high rates of poverty tend to have educational agency that desires to receive a ‘‘(e) CREDIT STANDARDS.—In carrying out relatively old buildings. grant under this section shall submit an ap- this section, the Secretary— ‘‘(4) School condition is positively cor- plication to the Secretary that includes— ‘‘(1) shall not extend credit without finding related with student achievement, according ‘‘(1) a statement of how the agency will use that there is reasonable assurance of repay- to a number of research studies. the grant funds; ment; and ‘‘(5) The results of a recent survey indicate ‘‘(2) a description of the steps the agency ‘‘(2) may use credit enhancement tech- that the condition of schools with large pro- will take to adequately maintain the facili- niques, as appropriate, to reduce the credit portions of students living on Indian lands is ties that the agency repairs, renovates, or risk of loans. particularly poor. constructs with those funds; and ‘‘SEC. 12007. PROGRESS REPORTS. ‘‘(6) While school repair and renovation are ‘‘(3) such other information and assurances ‘‘The Secretary shall require recipients of primarily a State and local concern, some as the Secretary may reasonably require. grants and loans under this title to submit

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00170 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.024 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3445 progress reports and such other information ‘‘(C) the geographic distribution of Indian children, children with disabilities, and, as the Secretary determines necessary to en- students; where applicable, Alaska Native children and sure compliance with this title and to evalu- ‘‘(D) the special needs of students living in Native Hawaiian children; ate the impact of activities assisted under urban and rural areas; and ‘‘(D) implementing high-quality profes- this title. ‘‘(E) the special needs of States and out- sional development activities for teachers, ‘‘SEC. 12008. AUTHORIZATION OF APPROPRIA- lying areas in geographic isolation. and where appropriate, administrators, pupil TIONS. ‘‘(3) SPECIAL RULE.—The Secretary shall es- services personnel and other staff; ‘‘(a) GRANTS UNDER SECTION 12004.—For the tablish 1 comprehensive regional assistance ‘‘(E) improving the quality of bilingual purpose of making grants under section center under this section in Hawaii. education, including programs that empha- 12004, there are authorized to be appropriated ‘‘(b) SERVICE TO INDIANS AND ALASKA NA- size English and native language proficiency $50,000,000 for fiscal year 2001 and such sums TIVES.—The Secretary shall ensure that each and promote multicultural understanding; as may be necessary for each of the 4 suc- comprehensive regional assistance center ‘‘(F) creating safe and drug-free environ- ceeding fiscal years. that serves a region with a significant popu- ments, especially in areas experiencing high ‘‘(b) GRANTS UNDER SECTION 12005 AND lation of Indian or Alaska Native students levels of drug use and violence in the com- GRANTS AND LOANS UNDER SECTION 12006.— shall— munity and school; For the purpose of making grants under sec- ‘‘(1) be awarded to a consortium which in- ‘‘(G) implementing educational application 12005, and grants and loans under sec- cludes a tribally controlled community col- tions of technology; tion 12006, there are authorized to be appro- lege or other Indian organization; and ‘‘(H) coordinating services and programs to priated $1,250,000,000 for fiscal year 2001 and ‘‘(2) assist in the development and imple- meet the needs of students so that students such sums as may be necessary for each of mentation of instructional strategies, meth- can fully participate in the educational pro- the succeeding 4 years, of which— ods and materials which address the specific gram of the school; ‘‘(1) 10 percent shall be available for grants cultural and other needs of Indian or Alaska ‘‘(I) expanding the involvement and par- under section 12005; and Native students. ticipation of parents in the education of ‘‘(2) 90 percent shall be available to make ‘‘(c) ACCOUNTABILITY.—To ensure the qual- their children; grants and to pay the cost of loans under sec- ity and effectiveness of the networked sys- ‘‘(J) reforming schools, school systems, tion 12006. tem of comprehensive regional assistance and the governance and management of ‘‘(c) LIMITATION ON LOAN VOLUME.—Within centers supported under this part, the Sec- schools; the available resources and authority, gross retary shall— ‘‘(K) evaluating programs; and obligations for the principal amount of di- ‘‘(1) develop, in consultation with the As- ‘‘(L) meeting the special needs of students rect loans offered by the Secretary under sistant Secretary for Elementary and Sec- living in urban and rural areas and the spe- section 12006 for fiscal year 2001 shall not ex- ondary Education, the Director of Bilingual cial needs of local educational agencies serv- ceed $7,000,000,000, or the amount specified in Education and Minority Languages Affairs, ing urban and rural areas; an applicable appropriations Act, whichever and the Assistant Secretary for Educational ‘‘(2) ensure that technical assistance staff is greater. Research and Improvement, a set of perform- have sufficient training, knowledge, and ex- ‘‘SEC. 12009. DEFINITIONS. ance indicators that assesses whether the pertise in how to integrate and coordinate ‘‘For the purpose of this title, the fol- work of the centers assists in improving programs under this Act with each other, as lowing terms have the following meanings: teaching and learning under this Act for all well as with other Federal, State, and local ‘‘(1) LOCAL EDUCATIONAL AGENCY.—The children, particularly children at risk of edu- programs and reforms; term ‘local educational agency’ has the cational failure; ‘‘(3) provide technical assistance using the meaning given that term in section 14101(18) ‘‘(2) conduct surveys every two years of highest quality and most cost-effective (A) and (B) of this Act. populations to be served under this Act to strategies possible; ‘‘(2) PUBLIC SCHOOL FACILITY.— determine if such populations are satisfied ‘‘(4) coordinate services, work coopera- ‘‘(A) IN GENERAL.—The term ‘public school with the access to and quality of such serv- tively, and regularly share information with, facility’ means a public building whose pri- ices; the regional educational laboratories, re- mary purpose is the instruction of public ele- ‘‘(3) collect, as part of the Department’s research and development centers, State lit- mentary or secondary students. views of programs under this Act, informa- eracy centers authorized under the National ‘‘(B) EXCLUSIONS.—The term excludes ath- tion about the availability and quality of Literacy Act of 1991, and other entities en- letic stadiums or any other structure or fa- services provided by the centers, and share gaged in research, development, dissemina- cility intended primarily for athletic exhibi- that information with the centers; and tion, and technical assistance activities tions, contests, games, or events for which ‘‘(4) take whatever steps are reasonable which are supported by the Department as admission is charged to the general public. and necessary to ensure that each center part of a Federal technical assistance sys- ‘‘(3) REPAIR AND RENOVATION.—The term performs its responsibilities in a satisfactory tem, to provide a broad range of support ‘repair and renovation’ used with respect to manner, which may include— services to schools in the region while mini- an existing public school facility, means the ‘‘(A) termination of an award under this mizing the duplication of such services; repair or renovation of the facility without part (if the Secretary concludes that per- ‘‘(5) work collaboratively with the Depart- increasing the size of the facility.’’. formance has been unsatisfactory) and the ment’s regional offices; TITLE XIII—COMPREHENSIVE REGIONAL selection of a new center; and ‘‘(6) consult with representatives of State ASSISTANCE CENTERS ‘‘(B) whatever interim arrangements the educational agencies, local educational agen- Title XVIII (20 U.S.C. 8601 et seq.) is Secretary determines are necessary to en- cies, and populations served under this Act; amended to read as follows: sure the satisfactory delivery of services ‘‘(7) provide services to States, local edu- under this part to an affected region. cational agencies, tribes, and schools in ‘‘TITLE XVIII—COMPREHENSIVE ‘‘(d) DURATION.—Grants, contracts or coop- order to better implement the purposes of REGIONAL ASSISTANCE CENTERS erative agreements under this section shall this part; and ‘‘SEC. 13101. PROGRAM AUTHORIZED. be awarded for a period of 5 years. ‘‘(8) provide professional development serv- ‘‘(a) COMPREHENSIVE REGIONAL ASSISTANCE ‘‘SEC. 13102. REQUIREMENTS OF COMPREHEN- ices to State educational agencies and local CENTERS.— SIVE REGIONAL ASSISTANCE CEN- educational agencies to increase the capac- ‘‘(1) IN GENERAL.—The Secretary is author- TERS. ity of such entities to provide high-quality ized to award grants to, or enter into con- ‘‘(a) IN GENERAL.—Each comprehensive re- technical assistance in support of programs tracts or cooperative agreements with, pub- gional assistance center established under under this Act. lic or private nonprofit entities or consortia section 13101(a) shall— ‘‘(b) PRIORITY.—Each comprehensive re- of such entities in order to establish a ‘‘(1) maintain appropriate staff expertise gional assistance center assisted under this networked system of 15 comprehensive re- and provide support, training, and assistance part shall give priority to servicing— gional assistance centers to provide com- to State educational agencies, tribal divi- ‘‘(1) schoolwide programs under section prehensive training and technical assistance, sions of education, local educational agen- 1114; and related to administration and implementa- cies, schools, and other grant recipients ‘‘(2) local educational agencies and Bureau- tion of programs under this Act, to States, under this Act, in— funded schools with the highest percentages local educational agencies, schools, tribes, ‘‘(A) improving the quality of instruction, or numbers of children in poverty. community-based organizations, and other curricula, assessments, and other aspects of ‘‘SEC. 13103. MAINTENANCE OF SERVICE AND AP- recipients of funds under this Act. school reform, supported with funds under PLICATION REQUIREMENTS. ‘‘(2) CONSIDERATION.—In establishing com- title I; ‘‘(a) MAINTENANCE OF SERVICE.—The Sec- prehensive regional assistance centers and ‘‘(B) implementing effective schoolwide retary shall ensure that the comprehensive allocating resources among the centers, the programs under section 1114; regional assistance centers funded under this Secretary shall consider— ‘‘(C) meeting the needs of children served part provide technical assistance services ‘‘(A) the geographic distribution of stu- under this Act, including children in high- that address the needs of educationally dis- dents assisted under title I; poverty areas, migratory children, immi- advantaged students, including students in ‘‘(B) the geographic and linguistic distribu- grant children, children with limited-English urban and rural areas, and bilingual, mi- tion of students of limited-English pro- proficiency, neglected or delinquent chil- grant, immigrant, and Indian students, that ficiency; dren, homeless children and youth, Indian are at least comparable to the level of such

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00171 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.025 pfrm09 PsN: S03PT1 S3446 CONGRESSIONAL RECORD — SENATE May 3, 2000 technical assistance services provided under public education to a homeless child or and programs funded under the Runaway and programs administered by the Secretary on youth, no State receiving funds under this Homeless Youth Act. the day preceding the date of enactment of subtitle shall segregate such child or youth, ‘‘(B) Where applicable, each State and the Improving America’s Schools Act of 1994. either in a separate school, or in a separate local educational agency that receives as- ‘‘(b) APPLICATION REQUIREMENTS.—Each en- program within a school, based on such child sistance under this subtitle shall coordinate tity or consortium desiring assistance under or youth’s status as homeless, except in ac- with State and local housing agencies re- this part shall submit an application to the cordance with section 723(a)(2)(B)(ii).’’; sponsible for developing the comprehensive Secretary at such time, in such manner and (3) in subsection (f)— housing affordability strategy described in accompanied by such information, as the (A) by striking paragraph (1); section 105 of the Cranston-Gonzales Na- Secretary may require. Each such applica- (B) by amending paragraph (4) to read as tional Affordable Housing Act to minimize tion shall— follows: educational disruption for children and ‘‘(1) demonstrate how the comprehensive ‘‘(4) collect and transmit to the Secretary, youth who become homeless. regional assistance center will provide exper- at such time and in such manner as the Sec- ‘‘(C) The coordination required in subpara- tise and services in the areas described in retary may require, such information as the graphs (A) and (B) shall be designed to— section 13102; Secretary deems necessary to assess the edu- ‘‘(i) ensure that homeless children and ‘‘(2) demonstrate how such centers will cational needs of homeless children and youth have access to available education and work to conduct outreach to local edu- youth within the State;’’; related support services; and cational agencies receiving priority under (C) by amending paragraph (6) to read as ‘‘(ii) raise the awareness of school personnel and service providers of the effects of section 13102; follows: short-term stays in a shelter and other chal- ‘‘(3) demonstrate support from States, ‘‘(6) in order to improve the provision of lenges associated with homeless children and local educational agencies and tribes in the comprehensive education and related serv- youth.’’; area to be served; ices to homeless children and youth and (D) in paragraph (7)(A)— ‘‘(4) demonstrate how such centers will en- their families, coordinate and collaborate (i) in the matter before clause (i), by strik- sure a fair distribution of services to urban with— ing out ‘‘local educational agency that re- and rural areas; and ‘‘(A) educators, including child develop- ‘‘(5) provide such other information as the ceives assistance under this subtitle shall ment and preschool program personnel; designate a homelessness liaison to ensure Secretary may require. ‘‘(B) providers of services to homeless and ‘‘SEC. 13104. TRANSITION. that’’ and inserting in lieu thereof ‘‘local li- runaway children and youth and homeless aison for homeless children and youth, des- ‘‘(a) EXTENSION OF PREVIOUS CENTERS.— families (including domestic violence agen- The Secretary shall, notwithstanding any ignated pursuant to subsection cies, shelter operators, transitional housing (g)(1)(H)(ii)(II), shall ensure that’’; other provision of law, use funds appro- facilities, runaway and homeless youth cen- priated under section 13105 to extend or con- (ii) by amending clause (i) to read as fol- ters, and transitional living programs for lows: tinue contracts and grants for existing com- homeless youth); prehensive regional assistance centers as- ‘‘(i) homeless children and youth enroll in, ‘‘(C) local educational agency liaisons for and have a full and equal opportunity to suc- sisted under this Act (as such Act was in ef- homeless children and youth; and ceed in, schools of that agency;’’; fect on the day preceding the date of enact- ‘‘(D) community organizations and groups (iii) in clause (ii), by striking out the pe- ment of the Educational Excellence for All representing homeless children and youth riod at the end thereof and inserting in lieu Children Act of 2000), and take other nec- and their families.’’; and thereof a semicolon and ‘‘and’’; essary steps to ensure a smooth transition of (D) by redesignating paragraphs (2) (iv) by adding a new clause (iii) to read as services provided under this part and that through (6) as paragraphs (1) through (5), re- follows: such services will not be interrupted, cur- spectively; and ‘‘(iii) the parents or guardians of homeless tailed, or substantially diminished. (4) in subsection (g)— children and youth are informed of the edu- ‘‘(b) STAFF EXPERTISE.—In planning for the (A) by amending paragraph (1)(H) to read cation and related opportunities available to competition for the new comprehensive re- as follows: their children and are provided with mean- gional assistance centers under this part, the ‘‘(H) contain assurances that— ingful opportunities to participate in the Secretary may draw on the expertise of staff ‘‘(i) State and local educational agencies education of their children.’’; and from existing comprehensive regional assist- will adopt policies and practices to ensure (v) by adding a new subparagraph (C) to ance centers assisted under this Act prior to that homeless children and youth are not read as follows: the date of enactment of the Educational Ex- segregated on the basis of their status as ‘‘(C) Local educational agency liaisons for cellence for All Children Act of 2000. homeless or stigmatized; and homeless children and youth shall, as a part ‘‘SEC. 13105. AUTHORIZATION OF APPROPRIA- ‘‘(ii) local educational agencies in which of their duties, coordinate and collaborate TIONS. homeless children and youth reside or attend with State coordinators and community and ‘‘For the purpose of carrying out this part, school will— school personnel responsible for the provi- there are authorized to be appropriated ‘‘(I) post public notice of the educational sion of education and related services to $70,000,000 for fiscal year 2001 and such sums rights of such children and youth where such homeless children and youth.’’; and as may be necessary for each of the four suc- children and youth receive services under (E) by striking paragraph (9). ceeding fiscal years.’’. this Act (such as family shelters, and soup (c) LOCAL EDUCATIONAL AGENCY GRANTS.— TITLE XIV—AMENDMENTS TO OTHER kitchens); and Section 723 of the Act is amended— LAWS; REPEALS ‘‘(II) designate an appropriate staff person, (1) by amending subsection (a)(2) to read as PART A—AMENDMENTS TO OTHER LAWS who may also be a coordinator for other Fed- follows: SEC. 1401. AMENDMENTS TO THE STEWART B. eral programs, as a liaison for homeless chil- ‘‘(2) SERVICES.—(A) Services under para- MC KINNEY HOMELESS ASSISTANCE dren and youth.’’; graph (1)— ACT. (B) by amending paragraph (3)(B) to read ‘‘(i) may be provided through programs on (a) POLICY.—Section 721(3) of the Stewart as follows: school grounds or at other facilities; B. McKinney Homeless Assistance Act (42 ‘‘(B) In determining the best interest of the ‘‘(ii) shall, to the maximum extent prac- U.S.C. 11421 et seq.; hereinafter referred to in child or youth under subparagraph (A), the ticable, be provided through existing pro- this section as ‘‘the Act’’) is amended by local educational agency shall— grams and mechanisms that integrate home- striking ‘‘should not be’’ and inserting ‘‘is ‘‘(i) to the extent feasible, keep a homeless less individuals with non-homeless individ- not’’. child or youth in his or her school of origin, uals; and (b) GRANTS TO STATES FOR STATE AND except when doing so is contrary to the wish- ‘‘(iii) shall be designed to expand or im- LOCAL ACTIVITIES.—Section 722 of the Act is es of his or her parent or guardian; and prove services provided as part of a school’s amended— ‘‘(ii) provide a written explanation to the regular academic program, but not replace (1) in subsection (c)— homeless child or youth’s parent or guardian that program. (A) in paragraph (2)(A)— when the local educational agency sends ‘‘(B) Where services under paragraph (1) (i) by inserting ‘‘and’’ before ‘‘the Com- such child or youth to a school other than are provided on school grounds, schools— monwealth of’’; and the school of origin or a school requested by ‘‘(i) may use funds under this Act to pro- (ii) by striking ‘‘and Palau (until the effec- the parent or guardian.’’; vide the same services to other children and tive date of the Compact of Free Association (C) by amending paragraph (6) to read as youth who are determined by the local edu- with the Government of Palau),’’; and follows: cational agency to be at risk of failing in, or (B) in paragraph (3)— ‘‘(6) COORDINATION.—(A) Each local edu- dropping out of, schools, subject to the re- (i) by inserting ‘‘and’’ before ‘‘the Com- cational agency serving homeless children quirements of clause (ii) as applied to such monwealth of’’; and and youth that receives assistance under other children and youth; and (ii) by striking ‘‘, or Palau’’; this subtitle shall coordinate the provision ‘‘(ii) shall not provide services in settings (2) in subsection (e), by adding at the end of services under this part with local services within a school that segregate homeless chil- the following new paragraph: agencies and other agencies or programs pro- dren and youths from other children and ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS viding services to homeless children and youths, except as is necessary for short peri- STUDENTS.—In providing a free, appropriate youth and their families, including services ods of time—

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00172 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.026 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3447 ‘‘(I) because of health and safety emer- homeless youth and children, which may in- (2) in paragraph (2), by inserting ‘‘, or gencies; or clude information on— State agency referred to in paragraph (1),’’ ‘‘(II) to provide temporary, special, supple- ‘‘(1) the education of homeless children and after ‘‘agency’’. mentary services to meet the unique needs of youth; and On page 721, line 13, strike ‘‘(d)’’ and insert homeless children and youth.’’; and ‘‘(2) the actions of the Department and the ‘‘(e)’’. (2) in subsection (b)— effectiveness of the programs supported On page 722, line 21, strike ‘‘(e)’’ and insert (A) by redesignating paragraphs (1) under this subtitle.’’. ‘‘(f)’’. through (4) as paragraphs (2) through (5), re- (e) Section 726 of the Act is amended to spectively; and read: VOINOVICH AMENDMENT NO. 3113 (B) by adding a new paragraph (1) to read ‘‘AUTHORIZATION OF APPROPRIATIONS as follows: ‘‘SEC. 726. For the purpose of carrying out (Ordered to lie on the table.) ‘‘(1) an assessment of the educational and this subtitle, there are authorized to be ap- Mr. VOINOVICH submitted an related needs of homeless children and youth propriated such sums as may be necessary amendment intended to be proposed by in their district (which may be undertaken for each of the fiscal years 2001 through him to the bill, S. 2, supra; as follows: as a part of needs assessments for other dis- 2005.’’. advantaged groups);’’; and At the end of title X, insert the following: SEC. 1402. AMENDMENTS TO OTHER LAWS. (3) in subsection (c)— SEC. ll. INDIVIDUALS WITH DISABILITIES EDU- (a) PERKINS ACT.—Section 116(a) of the (A) by amending paragraph (1) to read as CATION ACT. Carl D. Perkins Vocational and Technical follows: Title X (20 U.S.C. 6301 et seq.) is amended Education Act of 1998 (20 U.S.C. 2326(a)) is ‘‘(1) IN GENERAL.—The State educational by adding at the end the following: amended by striking out paragraph (5). agency shall, in accordance with the require- ‘‘PART F—INDIVIDUALS WITH (b) HIGHER EDUCATION ACT OF 1965.—Sec- ments of this subtitle and from amounts DISABILITIES EDUCATION ACT tion 317(b)(1) of the Higher Education Act of made available to it under section 726, make 1965 (20 U.S.C. 1059d(b)(10)) is amended by ‘‘SEC. 10601. INDIVIDUALS WITH DISABILITIES competitive subgrants to local educational striking out ‘‘9308’’ and inserting in lieu EDUCATION ACT FUNDING. agencies that submit applications under sub- thereof ‘‘9306’’. ‘‘(a) SHORT TITLE.—This section may be section (b). Such subgrants shall be awarded (c) PRO-CHILDREN ACT OF 1994.—The Pro- cited as the ‘State and Local Educators Em- on the basis of the need of such agencies for Children Act of 1994 (20 U.S.C. 6081 et seq.) is powerment Act’. assistance under this subtitle and the qual- amended— ‘‘(b) PURPOSE.—The purpose of this section ity of the applications submitted.’’; (1) in section 1042(2)— is to authorize local education leaders to (B) by redesignating paragraph (3) as para- (A) by striking out ‘‘education’’; and fund selected programs by giving such lead- graph (4); and (B) in subparagraph (A)(i), by striking ‘‘or ers the flexibility to spend education dollars (C) by inserting after paragraph (2) the fol- the Secretary of Education’’; and on programs under part B of the Individuals lowing new paragraph: (2) in section 1043— with Disabilities Education Act (20 U.S.C. ‘‘(3) QUALITY.—In determining the quality (A) in subsection (a), by striking ‘‘kinder- 1411 et seq.). of applications under paragraph (1), the garten, elementary, or secondary education ‘‘(c) FINDINGS.—Congress makes the fol- State educational agency shall consider— or’’; and lowing findings: ‘‘(A) the applicant’s needs assessment (B) in subsection (c)— ‘‘(1) All children deserve a quality edu- under subsection (b)(1) and the likelihood (i) in paragraph (1)— cation, including children with disabilities. that the program presented in the applica- (I) in the heading thereof, by striking ‘‘(2) Programs implemented under the Indi- tion will meet those needs; ‘‘KINDERGARTEN, ELEMENTARY, OR SECONDARY viduals with Disabilities Education Act have ‘‘(B) the types, intensity, and coordination EDUCATION OR’’; and been successful in enabling children with dis- of the services to be provided under the pro- (II) by striking out kindergarten, elemen- abilities to participate more fully in main- gram; tary, or secondary education or’’; and stream schools. ‘‘(C) the involvement of parents or guard- (ii) in paragraph (3), by striking out ‘‘kin- ‘‘(3) The Individuals with Disabilities Edu- ians; dergarten, elementary, or secondary education Act provides that the Federal Govern- ‘‘(D) the extent to which homeless children cation or’’. ment and State and local governments are to and youth will be integrated within the reg- (d) DEPARTMENT OF EDUCATION ORGANIZA- share in the expense of educating children ular education program; TION ACT.—Section 216 of the Department of with disabilities and commits the Federal ‘‘(E) the quality of the applicant’s evalua- Education Organization Act (as added by Government to provide funds to assist with tion plan for the program; Public Law 103–227) (20 U.S.C. 3425) is the expenses of educating children with dis- ‘‘(F) the extent to which services provided amended— abilities. under this subtitle will be coordinated with (1) in subsection (a), by striking ‘‘Direc- ‘‘(4) The amount of Federal money spent other available services; and tor’’ each place the term appears and insert- on education programs continues to grow at ‘‘(G) such other measures as the State edu- ing ‘‘Assistant Secretary’’; an enormous rate from $21,000,000,000 in 1991 cational agency deems indicative of a high- (2) in subsection (b), by striking ‘‘Direc- to more than $35,000,000,000 in 2000. quality program.’’. tor’’ each place the term appears and insert- ‘‘(5) The cost of educating a child with spe- (d) COLLECTION AND DISSEMINATION OF IN- ing ‘‘Assistant Secretary’’; cial educational needs is far greater than the FORMATION; REPORT.—Section 724 of the Act cost of educating a child without such needs. is amended— (3) in subsection (c), by striking ‘‘Director’’ and inserting ‘‘Assistant Secretary’’; and ‘‘(6) The Individuals with Disabilities Edu- (1) by striking subsection (f); and cation Act represents a commitment by the (2) adding at the end the following new (4) by redesignating such section (as so amended) as section 218 of such Act. Federal Government to fund 40 percent of subsections: the average per-pupil expenditure on special ‘‘(f) INFORMATION.—(1) From funds appro- PART B—REPEALS education in public elementary and sec- priated under section 726, the Secretary SEC. 1411. REPEALS. ondary schools in the United States. shall, either directly or through grants, con- The Goals 2000: Educate America Act (Pub- tracts, or cooperative agreements, periodi- ‘‘(7) Education leaders throughout the Na- lic Law 103–227) is amended— tion support honoring the commitment in cally collect and disseminate data and infor- (1) by repealing titles I, II, III, IV, VII, and mation on: the Individuals with Disabilities Education VIII; and Act to fully fund programs carried out under ‘‘(A) the number and location of homeless (2) in title X, by repealing part B. children and youth; such Act. ‘‘(B) the education and related services ‘‘(8) To date, the Federal Government has such children and youth receive; AKAKA AMENDMENT NO. 3112 never contributed more than 12.6 percent of ‘‘(C) the extent to which such needs are (Ordered to lie on the table.) the national average per pupil expenditure to assist with the expenses of educating chil- being met; and Mr. AKAKA submitted an amend- ‘‘(D) such other data and information as dren with disabilities under the Individuals ment intended to be proposed by him with Disabilities Education Act. the Secretary deems necessary and relevant to the bill, S. 2, supra; as follows: to carry out this subtitle. ‘‘(9) Failing to meet the Federal Govern- ‘‘(2) The Secretary shall coordinate such On page 721, between lines 12 and 13, insert ment’s commitment to assist with the ex- collection and dissemination with the other the following: pense of educating a child with a disability agencies and entities that receive assistance (d) CHILDREN WITH DISABILITIES.—Section contradicts the goal of ensuring that chil- and administer programs under this subtitle. 8003(d) (20 U.S.C. 7703(d)) is amended— dren with disabilities receive a quality edu- ‘‘(g) REPORT.—Not later than four years (1) in paragraph (1), by inserting after cation. after the date of the enactment of the Edu- ‘‘educational agency,’’ the following: ‘‘, and ‘‘(10) The failure of the Federal Govern- cational Excellence for All Children Act of each State agency designated as the lead ment to provide full funding for programs 1999, the Secretary shall prepare and submit State agency under part C of the Individuals under the Individuals with Disabilities Edu- to the President and appropriate committees with Disabilities Education Act that is de- cation Act results in placing a great burden of the House of Representatives and the Sen- termined to be eligible by the Secretary,’’; on the States by creating an unfunded man- ate a report on the status of education of and date.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00173 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.027 pfrm09 PsN: S03PT1 S3448 CONGRESSIONAL RECORD — SENATE May 3, 2000 ‘‘(11) The mandate impedes the ability of zations and institutions to carry out cur- forcement organizations such as Police Ath- State and local education leaders to fund riculum-based youth entrepreneurship edu- letic and Activity Leagues, businesses, or their own education priorities, such as hiring cation programs. other appropriate organizations; new teachers, building schools, providing ‘‘(b) COVERED PROVISIONS.—The provisions ‘‘(D) a description of how the school will after-school programs, improving technology referred to in subsection (a) are— serve as a delivery center for existing and and training in schools, and creating com- ‘‘(1) subparts 1 and 2 of part D, and part E, new services, especially for interactive tele- munity learning centers. of title I; communication used for education and pro- ‘‘(d) INDIVIDUALS WITH DISABILITIES EDU- ‘‘(2) subparts 1, 2, and 4 of part A, and part fessional training; and CATION ACT FUNDING.— B, of title III; ‘‘(E) an assurance that the school will es- ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(3) subparts 1 and 2 of part A of title IV; tablish a facility utilization policy that spe- other provision of law, a local educational ‘‘(4) parts B and C of title VI; and cifically states— agency may use funds— ‘‘(5) part A, and subparts 1 and 2 of part J, ‘‘(i) the rules and regulations applicable to ‘‘(A) made available to the local edu- of title X.’’. building and equipment use; and cational agency under this Act (other than ‘‘(ii) supervision guidelines; under title I) pursuant to a State grant pro- BOXER AMENDMENTS NOS. 3115– ‘‘(4) information demonstrating that the gram established on or after the date of en- 3116 local educational agency will— actment of the Educational Opportunities ‘‘(A) provide not less than 35 percent of the Act, or (Ordered to lie on the table.) annual cost of the activities assisted under ‘‘(B) made available to the local edu- Mrs. BOXER submitted two amend- the project from sources other than funds cational agency under this Act (other than ments intended to be proposed by her provided under this part, which contribution under title I) pursuant to a State grant pro- to the bill, S. 2, supra; as follows: may be provided in cash or in kind, fairly gram that is in excess of the amount made evaluated; and AMENDMENT NO. 3115 available to the local educational agency ‘‘(B) provide not more than 25 percent of under the State program for fiscal year 2000, Beginning on page 250, strike line 9 and all the annual cost of the activities assisted to carry out part B of the Individuals with that follows through line 14 on page 254, and under the project from funds provided by the Disabilities Education Act (20 U.S.C. 1411 et insert the following: Secretary under other Federal programs that seq.). ‘‘SEC. 3103. PROGRAM AUTHORIZATION. permit the use of those other funds for ac- ‘‘(2) STATE GRANT PROGRAM.—In this part, ‘‘(a) GRANTS BY THE SECRETARY TO LOCAL tivities assisted under the project; and the term ‘State grant program’ means any EDUCATIONAL AGENCIES FOR SCHOOLS.—The ‘‘(5) an assurance that the local edu- program carried out under this Act (other Secretary is authorized, in accordance with cational agency, in each year of the project, than under title I) in which the Secretary the provisions of this part, to award grants will maintain the agency’s fiscal effort, from awards grants to States on a discretionary to local educational agencies for the support non-Federal sources, from the preceding fis- basis or on the basis of a formula. Such term of public elementary schools or secondary cal year for the activities the local edu- does not include a program under this Act in schools, including middle schools, that serve cational agency provides with funds provided which the Secretary awards grants to States communities with substantial needs for ex- under this part. on a competitive basis or in which the State panded learning opportunities for children ‘‘(b) PRIORITY.—The Secretary shall give awards grants to local educational agencies and youth in the communities, to enable the priority to applications describing projects on a competitive basis.’’. schools to establish or expand projects that that offer a broad selection of services which benefit the educational, health, social serv- address the needs of the community. SANTORUM AMENDMENT NO. 3114 ice, cultural, and recreational needs of com- ‘‘SEC. 3105. USES OF FUNDS. munities. ‘‘(a) IN GENERAL.—Grants awarded under (Ordered to lie on the table.) ‘‘(b) EQUITABLE DISTRIBUTION.—In awarding Mr. SANTORUM submitted an this part may be used to establish or expand grants under this part, the Secretary shall community learning centers. The centers amendment intended to be proposed by assure an equitable distribution of assistance may provide 1 or more of the following ac- him to the bill, S. 2, supra; as follows: among the States and among urban and tivities: On page 532, line 3, strike the end rural areas of the United States. ‘‘(1) Literacy education programs. quotation marks and the second period and ‘‘(c) GRANT PERIOD.—The Secretary shall ‘‘(2) Senior citizen programs. insert the following: award grants under this part for a period not ‘‘(3) Children’s day care services. ‘‘PART ll—NATIONAL CLEARINGHOUSE to exceed 5 years. ‘‘(4) Integrated education, health, social FOR YOUTH ENTREPRENEURSHIP EDU- ‘‘(d) AMOUNT.—The Secretary shall not service, recreational, or cultural programs. CATION award a grant under this part in any fiscal ‘‘(5) Summer and weekend school programs year in an amount less than $35,000. ‘‘SEC. ll1. NATIONAL CLEARINGHOUSE FOR in conjunction with recreation programs. YOUTH ENTREPRENEURSHIP EDU- ‘‘SEC. 3104. APPLICATION REQUIRED. ‘‘(6) Nutrition and health programs. CATION. ‘‘(a) APPLICATION.—To be eligible to re- ‘‘(7) Expanded library service hours to ‘‘(a) PROGRAM AUTHORIZED.—The Secretary ceive a grant under this part, a local edu- serve community needs. may award a grant or contract to an organi- cational agency shall submit an application ‘‘(8) Telecommunications and technology zation or institution with substantial experi- to the Secretary at such time, in such man- education programs for individuals of all ence in curriculum-based entrepreneurship ner, and accompanied by such information as ages. education to establish a national clearing- the Secretary may reasonably prescribe. ‘‘(9) Parenting skills education programs. house for youth entrepreneurship education. ‘‘(b) CONTENTS OF APPLICATION.—Each ap- ‘‘(10) Support and training for child day The clearinghouse shall facilitate profes- plication under subsection (a) shall include— care providers. sional development opportunities for teach- ‘‘(1) a comprehensive local plan that en- ‘‘(11) Employment counseling, training, ers, stimulate community partnerships with ables the school to serve as a center for the and placement, and job skills preparation. businesses, youth agencies, and nonprofit en- delivery of education and human resources ‘‘(12) Services for individuals who leave tities (including faith-based, non-profit, and for members of a community; school before graduating from secondary other local organizations), collect and dis- ‘‘(2) an evaluation of the needs, available school, regardless of the age of such indi- seminate curricular materials, and under- resources, and goals and objectives for the vidual. take other activities, to encourage teacher proposed project in order to determine which ‘‘(13) Services for individuals with disabil- interest and involvement in entrepreneur- activities will be undertaken to address such ities. ship education, especially for students in needs; ‘‘(14) After school programs, that— grades 7 through 12. ‘‘(3) a description of the proposed project, ‘‘(A) shall include at least 2 of the ‘‘(b) FUNDING.—The Secretary shall make including— following— available $500,000 from funds otherwise avail- ‘‘(A) a description of the mechanism that ‘‘(i) mentoring programs; able to the Department of Education for ad- will be used to disseminate information in a ‘‘(ii) academic assistance; ministrative expenses, to carry out this sec- manner that is understandable and acces- ‘‘(iii) recreational activities; or tion for each of fiscal years 2001 through 2003. sible to the community; ‘‘(iv) technology training; and ‘‘SEC. ll2. USE OF FUNDS FROM OTHER PRO- ‘‘(B) identification of Federal, State, and ‘‘(B) may include— GRAMS FOR YOUTH ENTREPRE- local programs to be merged or coordinated ‘‘(i) drug, alcohol, and gang prevention ac- NEURSHIP. so that public resources may be maximized, tivities; ‘‘(a) IN GENERAL.—The Secretary may use including programs under the Child Care and ‘‘(ii) health and nutrition counseling; and funds made available under any of the provi- Development Block Grant Act of 1990 (42 ‘‘(iii) job skills preparation activities. sions described in subsection (b) to award U.S.C. 9858 et seq.); ‘‘(b) LIMITATION.—Not less than 2⁄3 of the grants and contracts to organizations and in- ‘‘(C) a description of the collaborative ef- amount appropriated under section 10907 for stitutions with demonstrated records of em- forts to be undertaken by community-based each fiscal year shall be used for after school powering disadvantaged youth by teaching organizations, related public agencies, stu- programs, as described in paragraph (14). the youth applied math, entrepreneurial, and dents, parents, teachers, school administra- Such programs may also include activities other analytical skills, to enable the organi- tors, local government, including law en- described in paragraphs (1) through (13) that

VerDate 27-APR-2000 04:51 May 04, 2000 Jkt 079060 PO 00000 Frm 00174 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.069 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — SENATE S3449 offer expanded opportunities for children or mation of the Senate and the public COMMITTEE ON INDIAN AFFAIRS youth. that a legislative hearing has been Mr. JEFFORDS. Mr. President, I ask ‘‘(c) ADMINISTRATION.—In carrying out the scheduled before the Subcommittee on unanimous consent that the Com- activities described in subsection (a), a local Water and Power. mittee on Indian Affairs be authorized educational agency or school shall, to the The hearing will take place on to meet during the session of the Sen- greatest extent practicable— ‘‘(1) request volunteers from business and Wednesday, May 24, 2000, at 2:30 p.m., ate on Wednesday, May 3, 2000, at 2 academic communities, and law enforcement in room SD–366 of the Dirksen Senate p.m., to mark up pending legislation. organizations, such as Police Athletic and Office Building in Washington, DC. The meeting will be held in the com- Activity Leagues, to serve as mentors or to The purpose of this hearing is to re- mittee room, 485 Russell Senate Build- assist in other ways; ceive testimony on S. 2163, a bill to ing. ‘‘(2) ensure that youth in the local commu- provide for a study of the engineering The PRESIDING OFFICER. Without nity participate in designing the after school feasibility of a water exchange in lieu objection, it is so ordered. activities; of electrification of the Chandler COMMITTEE ON RULES AND ADMINISTRATION ‘‘(3) develop creative methods of con- Pumping Plant at Prosser Diversion Mr. JEFFORDS. Mr. President, I ask ducting outreach to youth in the commu- Dam, Washington; S. 2396, a bill to au- nity; unanimous consent that the Com- ‘‘(4) request donations of computer equip- thorize the Secretary of the Interior to mittee on Rules and Administration be ment and other materials and equipment; enter into contracts with the Weber authorized to meet during the session and Basin Water Conservancy District, of the Senate on Wednesday, May 3, ‘‘(5) work with State and local park and Utah, to use Weber Basin Project fa- 2000, at 9:30 a.m., to receive testimony recreation agencies so that activities carried cilities for the impounding, storage, on political speech on the Internet. out by the agencies prior to the date of en- and carriage of nonproject water for The PRESIDING OFFICER. Without actment of this subsection are not dupli- domestic, municipal, industrial, and objection, it is so ordered. cated by activities assisted under this part.’’. other beneficial purposes; S. 2248, a bill JOINT COMMITTEE ON TAXATION ‘‘SEC. 3106. DEFINITION. to assist in the development and imple- Mr. JEFFORDS. Mr. President, I ask ‘‘For the purpose of this part, the term mentation of projects to provide for unanimous consent that the Joint ‘community learning center’ means an entity within a public elementary or secondary the control of drainage water, storm Committee on Taxation be authorized school building that— water, flood water, and other water as to meet during the session of the Sen- ‘‘(1) provides educational, recreational, part of water-related integrated re- ate on Wednesday, May 3, 2000, to hear health, and social service programs for resi- source management, environmental in- testimony on Joint Review of the Stra- dents of all ages within a local community; frastructure, and resource protection tegic Plans and Budget of the IRS. and and development projects in the Colusa The PRESIDING OFFICER. Without ‘‘(2) is operated by a local educational Basin Watershed, California; S. 2410, a objection, it is so ordered. agency in conjunction with local govern- bill to increase the authorization of ap- SUBCOMMITTEE ON AIRLAND FORCES mental agencies, including law enforcement propriations for the Reclamation Safe- Mr. JEFFORDS. Mr. President, I ask organizations such as the Police Athletic and Activity League, businesses, vocational ty of Dams Act of 1978, and for other unanimous consent that the Sub- education programs, institutions of higher purposes; and S. 2425, a bill to author- committee on Airland Forces of the education, community colleges, and cul- ize the Bureau of Reclamation to par- Committee on Armed Services be au- tural, recreational, and other community ticipate in the planning, design, and thorized to meet at 11 a.m., on Wednes- and human service entities. construction of the Bend Feed Canal day, May 3, 2000, in executive session, ‘‘SEC. 3107. AUTHORIZATION OF APPROPRIA- Pipeline Project, Oregon, and for other to mark up the FY 2001 Defense author- TIONS. purposes. ization bill. ‘‘There are authorized to be appropriated Because of the limited time available The PRESIDING OFFICER. Without $1,000,000,000 for fiscal year 2001, and such for the hearing, witnesses may testify objection, it is so ordered. sums as may be necessary for each of the by invitation only. However, those SUBCOMMITTEE ON SEAPOWER four succeeding fiscal years, to carry out wishing to submit written testimony this part. Mr. JEFFORDS. Mr. President, I ask for the hearing record should send two unanimous consent that the Sub- AMENDMENT NO. 3116 copies of their testimony to the Sub- committee on Seapower of the Com- On page 254, line 11, strike ‘‘$500,000,000’’ committee on Water and Power, Com- mittee on Armed Services be author- and insert ‘‘$1,000,000,000’’. mittee on Energy and Natural Re- ized to meet at 2 p.m., on Wednesday, f sources, U.S. Senate, 364 Dirsken Sen- May 3, 2000, in executive session, to ate Office Building, Washington, DC mark up the FY 2001 Defense author- NOTICE OF HEARINGS 20510–6150. ization bill. COMMITTEE ON ENERGY AND NATURAL For further information, please call The PRESIDING OFFICER. Without RESOURCES Trici Heninger, Staff Assistant, or Col- objection, it is so ordered. Mr. CRAIG. Mr. President, I would leen Deegan, Counsel, at (202) 224–8115. SUBCOMMITTEE ON STRATEGIC FORCES like to announce for the public that a f Mr. JEFFORDS. Mr. President, I ask hearing has been scheduled before the AUTHORITY FOR COMMITTEES TO unanimous consent that the Sub- Subcommittee on Forests and Public MEET committee on Strategic Forces of the Land Management of the Senate Com- Committee on Armed Services be au- mittee on Energy and Natural Re- COMMITTEE ON ARMED SERVICES thorized to meet at 9:30 a.m., on Mr. JEFFORDS. Mr. President, I ask sources. Wednesday, May 3, 2000, in Executive unanimous consent that the full Com- The hearing will take place on Tues- Session, to mark up the FY 2001 De- mittee on Armed Services be author- day, May 16, 2000, at 3 p.m., in room fense authorization bill. ized to meet at 3 p.m., on Wednesday, SD–366 of the Dirksen Senate Office The PRESIDING OFFICER. Without May 3, 2000, in executive session, to Building in Washington, DC. objection, it is so ordered. mark up the fiscal year 2001 Defense The purpose of this hearing is to con- f authorization bill. duct general oversight on the U.S. For- The PRESIDING OFFICER. Without PRIVILEGES OF THE FLOOR est Service’s proposed transportation objection, it is so ordered. Mr. KENNEDY. Mr. President, I ask policy. COMMITTEE ON COMMERCE, SCIENCE, AND unanimous consent that Laura Chow, a Those who wish to submit written TRANSPORTATION legislative fellow in my office, be statements should write to the Com- Mr. JEFFORDS. Mr. President, I ask granted floor privileges during the en- mittee on Energy and Natural Re- unanimous consent that the Com- tire debate on the Elementary and Sec- sources, U.S. Senate, Washington, DC mittee on Commerce, Science, and ondary Education Act. 20510. For further information, please Transportation be authorized to meet The PRESIDING OFFICER. Without call Mark Rey (202) 224–2878. on Wednesday, May 3, 2000, at 9:30 a.m. objection, it is so ordered. SUBCOMMITTEE ON WATER AND POWER on the Boston Central Artery Tunnel. Mr. DODD. I ask unanimous consent Mr. SMITH of Oregon. Mr. President, The PRESIDING OFFICER. Without for floor privileges for three individ- I would like to announce for the infor- objection, it is so ordered. uals on Senate bill 2: Kathy Hogan-

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00175 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MY6.070 pfrm09 PsN: S03PT1 S3450 CONGRESSIONAL RECORD — SENATE May 3, 2000 Bruen, Meredith Miller, and Shannon Senate stand in adjournment under the friends are legion in both parties, and Faltens. previous order, following the remarks outside the Senate as well as inside the The PRESIDING OFFICER. Without of Senators BYRD and GRASSLEY. Senate, and outside both parties as objection, it is so ordered. The PRESIDING OFFICER. Without well. Mrs. MURRAY. Mr. President, I ask objection, it is so ordered. Senator WELLSTONE and his staff are unanimous consent that Ann The Senator from West Virginia is part of Mike’s extended Senate family. Ifekwunigwe, a fellow of my office, be recognized under the previous order. I know that everyone is shocked, just granted the privilege of the floor for f as I was shocked yesterday, at this un- the entire ESEA debate. expected news and that all my col- MIKE EPSTEIN The PRESIDING OFFICER. Without leagues join me in offering Mike objection, it is so ordered. Mr. BYRD. Mr. President: strength and comfort. Mr. JEFFORDS. Mr. President, I ask God hath not promised It brings home the memory of that unanimous consent that Matthew Skies always blue scriptural passage which says: Lyon, a fellow with the Committee on Flower-strewn pathways Man that is born of a woman is of few days, Health, Education, Labor, and Pen- All our lives through; and full of trouble. God hath not promised He cometh forth like a flower, and is cut sions, be afforded floor privileges dur- Sun without rain, ing the consideration of S. 2, the Edu- down: he fleeth also as a shadow, and Joy without sorrow, continueth not. cational Opportunities Act, and during Peace without pain. Seneca once observed that ‘‘there is any votes in relation thereto. But God hath promised The PRESIDING OFFICER. Without Strength for the day, nothing in the world so much admired objection, it is so ordered. Rest for the laborer, as a man who knows how to bear un- Mr. JEFFORDS. Mr. President, on And light on the way, happiness with courage.’’ As he bravely behalf of Senator HATCH, I ask unani- Grace for the trials, faces his toughest battle, Mike Epstein mous consent that Becky Shipp of Sen- Help from above, offers to each of us something further Unfailing sympathy ator HATCH’s staff and Jeff Taylor, a to admire and to cherish. And undying love. detailee from the Justice Department So tonight I shall go home, remem- on the Judiciary Committee, be ac- Mr. President, I have quoted this bit bering Mike, sitting back there on that corded the privileges of the floor dur- of poetry because I am thinking of bench, looking at me, smiling. ing consideration of S. 2, the Education Mike Epstein, Senator WELLSTONE’s I close with a short verse by Spencer Opportunities Act, and during votes in long serving legislative director. Mike Michael Free, ‘‘The Human Touch,’’ relation to the bill. Epstein, I heard only yesterday, is which I believe best captures the warm The PRESIDING OFFICER. Without gravely ill. I know that he is facing and caring legacy of Mike Epstein’s objection, it is so ordered. this news with the same gallant, noble, long and faithful service to the Senate: straightforward courage that has f ’Tis the human touch in this world that marked his entire life. I know because counts, ORDERS FOR THURSDAY, MAY 4, I employed him as a member of the The touch of your hand and mine, 2000 Democratic Policy Committee staff Which means far more to the fainting when I was the majority leader of the heart Mr. JEFFORDS. Mr. President, I ask Senate, and I have seen him in action. Than shelter and bread and wine; unanimous consent that when the Sen- For shelter is gone when the night is o’er, I have seen him at work many times. ate completes its business today it ad- And bread lasts only a day, Mike is a man of lively humor, great journ until the hour of 9:45 a.m. on But the touch of the hand and the sound of heart, idealistic vision, and pragmatic Thursday, May 4. I further ask consent the voice understanding. Despite many years on Sing on in the soul alway[s]. that on Thursday, immediately fol- Capitol Hill, he has never lost his sense lowing the prayer, the Journal of pro- Mr. President, I yield the floor, and I of purpose in public service. He has ceedings be approved to date, the suggest the absence of a quorum. never lost his desire to make the world morning hour be deemed expired, the The PRESIDING OFFICER. The a better place in which to live. At the time for the two leaders be reserved for clerk will call the roll. same time, he has accumulated the po- their use later in the day, and the Sen- The assistant legislative clerk pro- litical savvy and acumen to rapidly ate resume consideration of S. 2 under ceeded to call the roll. size up a piece of legislation, weigh its the previous order. Mr. BYRD. Mr. President, I ask unan- strengths and weigh its weaknesses, The PRESIDING OFFICER. Without imous consent that the order for the and then deliver a succinct analysis on objection, it is so ordered. quorum call be rescinded. the spot. He has been a fixture on the The PRESIDING OFFICER. Without f Democratic bench during debate on objection, it is so ordered. PROGRAM many bills. f It seems it was only yesterday that I Mr. JEFFORDS. Mr. President, for saw him back here on this bench. I al- ADJOURNMENT UNTIL 9:45 A.M. the information of all Senators, at 9:45 ways made it a point to speak to Mike TOMORROW a.m. the Senate will resume consider- as I went by. It may have been a week The PRESIDING OFFICER. Under ation of the Elementary and Secondary ago, it may have been 2 weeks ago, per- the previous order, the Senate stands Education Act, with debate on the haps it was 3 weeks ago, but he was in adjournment until the hour of 9:45 Abraham-Mack merit pay amendment there. And, as I say, just like always, it a.m. tomorrow. to begin immediately. Following the was as though it was only a few hours Thereupon, the Senate, at 7:03 p.m., consideration of that amendment, Sen- ago. adjourned until Thursday, May 4, 2000, ator MURRAY will be recognized to offer He has shepherded a generation of in- at 9:45 a.m. her amendment regarding class size. experienced legislative assistants f Votes are expected throughout the day. through the arcane minuet of amend- As usual, Senators will be notified as ment trees, tabling motions, and clo- NOMINATIONS these votes are scheduled. As a re- ture votes. In this respect, as in so Executive nominations received by minder, the Senate will not meet on many others, Mike has been out- the Senate May 3, 2000: Friday in order to accommodate the standing in his commitment to the CORPORATION FOR PUBLIC BROADCASTING Democratic retreat. Senate, to its traditions, and in giving KATHERINE MILNER ANDERSON, OF VIRGINIA, TO BE A f one’s best to the Nation. What more MEMBER OF THE BOARD OF DIRECTORS OF THE COR- can one do? PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- ORDER FOR ADJOURNMENT The Senate is, in many ways, Mike’s PIRING JANUARY 31, 2006. (REAPPOINTMENT) Mr. JEFFORDS. If there is no further enduring passion. Legislation is his ob- DEPARTMENT OF ENERGY business to come before the Senate, I session. He was a ‘‘policy wonk’’ before GENERAL JOHN A. GORDON, UNITED STATES AIR FORCE, TO BE UNDER SECRETARY FOR NUCLEAR SECU- now ask unanimous consent that the that phrase was ever coined. His RITY, DEPARTMENT OF ENERGY. (NEW POSITION)

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BROADCASTING BOARD OF GOVERNORS MARC B. NATHANSON, OF CALIFORNIA, TO BE CHAIR- TERM OF SEVEN YEARS EXPIRING MARCH 1, 2007, VICE MAN OF THE BROADCASTING BOARD OF GOVERNORS. BENJAMIN LEADER ERDERICH, RESIGNED. MARC B. NATHANSON, OF CALIFORNIA, TO BE A MEM- (NEW POSITION) BER OF THE BROADCASTING BOARD OF GOVERNORS FOR THE JUDICIARY MERIT SYSTEMS PROTECTION BOARD A TERM EXPIRING AUGUST 13, 2001. (REAPPOINTMENT) DENNIS M. CAVANAUGH, OF NEW JERSEY, TO BE BARBARA J. SAPIN, OF MARYLAND, TO BE A MEMBER UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF OF THE MERIT SYSTEMS PROTECTION BOARD FOR THE NEW JERSEY, VICE ALFRED M. WOLIN, RETIRING.

VerDate 27-APR-2000 03:33 May 04, 2000 Jkt 079060 PO 00000 Frm 00177 Fmt 4624 Sfmt 9801 E:\CR\FM\A03MY6.028 pfrm09 PsN: S03PT1 May 3, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E617 EXTENSIONS OF REMARKS

WORLD ASTHMA DAY 2000 The NAEPP, along with the National Library will. Their kind spirit and genuine care for less of Medicine (NLM), Howard University, the Of- privileged individuals embody the values of HON. ROSA L. DeLAURO fice of the Mayor of the District of Columbia, brotherhood upon which this great nation was OF CONNECTICUT the American Lung Association of the District founded. I urge them to stay motivated and IN THE HOUSE OF REPRESENTATIVES of Columbia, and the D.C. public school sys- my best wishes are with them in all of their fu- tem, will hold the official U.S. press con- ture endeavors. Wednesday, May 3, 2000 ference to report on the state of asthma in the I urge my colleagues to encourage people Ms. DELAURO. Mr. Speaker, May 3, 2000 U.S. and what is being done to combat the and organizations within their respective dis- is World Asthma Day. Many of my Colleagues problem. Invited guests include members of tricts to follow the lead of the NALC and sup- and I are strong supporters of federal, state, Congress; Olympians who have achieved their port those people who take personal initiative and local efforts to create and enhance aware- titles despite their asthma; Washington, D.C. in making America a better place in which to ness of asthma and to improve asthma care elementary school students who have asthma; live. throughout this country and indeed throughout and representatives of selected community- f the world. I would also like to extend sincere based asthma coalitions from across the coun- thanks to the many thousands of Americans try. The press conference will be Webcast and TRIBUTE TO M. DAVID COHEN and others who work day after day to try to shown on the World Asthma Day Web site. improve the way asthma is diagnosed and Mr. Speaker, it is my hope that our col- HON. BRAD SHERMAN treated. leagues will join in paying tribute to World OF CALIFORNIA In the last 15 years, the prevalence of asth- Asthma Day and to those who suffer from this IN THE HOUSE OF REPRESENTATIVES ma has doubled throughout the world. More condition and those who are working to help Wednesday, May 3, 2000 than 10 percent of children have asthma them. It is hoped that with the continued sup- symptoms, and in some countries, as many as port of the Congress, additional progress can Mr. SHERMAN. Mr. Speaker, today I pay 30 percent are affected. In this country, asth- be made in the efforts to prevent asthma, as tribute to M. David Cohen, one of the most ma ranks among the most common chronic well as to improve its diagnosis and treatment. dedicated and committed individuals in our conditions, affecting more than 15 million f country for his humanitarian service through- Americans, including 4 million children, and out the world. Mr. Cohen's vision, expertise NATIONAL ASSOCIATION OF LET- causing more than 1.5 million emergency de- and active participation to serve those in need TER CARRIERS NATIONAL FOOD partment visits, approximately 500,000 hos- is legendary. DRIVE DAY pitalizations, and more than 5,500 deaths. The David's father, Hyman Louis Cohen, emi- estimated direct and indirect monetary costs grated to the United States from Russia in for this disease totaled $11.3 billion in 1998, in HON. BENJAMIN A. GILMAN 1923, settled in Chelsea, Massachusetts, and the United States alone. OF NEW YORK graduated from Northeastern University World Asthma Day 2000 is being marked by IN THE HOUSE OF REPRESENTATIVES School of Law in 1936. His mother, Jean more than 80 countries throughout the world. Wednesday, May 3, 2000 Goldberg Cohen, was born in Boston; his par- It is a partnership between health care groups Mr. GILMAN. Mr. Speaker, I would like to ents married in 1941. They were among the and asthma educators organized by the Glob- take this opportunity to publicly commend the most active in their community, setting the ex- al Initiative for Asthma (GINA), which is a col- National Association of Letter Carriers [NALC] ample David was to emulate. At the age of 12, laboration between the National Heart, Lung, for the good work they are doing nationwide when David's mother suffered a massive heart and Blood Institute (NHLBI) of the National In- and grant them well-deserved recognition and attack and stroke, he stepped into her role stitutes of Health and the World Health Orga- appreciation for their genuine humanitarian and became chairperson of the Everett Leu- nization. On this day, thousands of people acts and for their good will. kemia Fund Drive. He organized youth groups, throughout the world will work together to cre- As Americans, we enjoy one of the highest schools, churches, synagogues and public and ate greater awareness of the need for every living standards in the world. Nevertheless, private sector employees to raise the most person with asthma to obtain a timely diag- many people within our borders do not benefit money ever raised by that city in any charity nosis, receive appropriate treatment, learn to from our Nation's great prosperity. In fact, drive. manage their asthma in partnership with a many more Americans are hungry and mal- David served in the United States Air Force health professional, and reduce exposure to nourished than most people realize. Hunger is as an Acting Jewish Chaplain in France, environmental factors that make their asthma a serious problem that deserves national at- Spain, Morocco and Libya. He organized pro- worse. tention. grams on and off base for the military and ci- Among those participating in World Asthma The NALC has undertaken a tremendous vilian population and served as a coordinator Day, via a special World Asthma Day Internet amount of initiative in solving this problem by with the Joint Distribution Committee in Paris, site (www.Webvention.org), will be Dr. David planning their eighth annual national food resettling displaced persons from behind the Satcher, Surgeon General of the U.S., and Mr. drive day on May 13, 2000, which will be the Iron Curtain. He created a food service gath- Nelson Mandela, former President of the Re- largest one-day food drive in the country. Last ering and distribution program for the Little public of South Africa and currently Chairman year more than 1,500 NALC branches in all Sisters of the Poor which has continued suc- of the South African National Asthma Cam- fifty states and U.S. jurisdictions collected 58.4 cessfully since 1962, and was a basis for what paign. Ministers of Health from Japan, Turkey, million pounds of food, and we are hopeful we now know as the ``meals on wheels'' pro- Malaysia and other countries will also be avail- this record will be exceeded in the year 2000. grams. Upon being honorably discharged, he able on the Internet to answer questions about I considered it a privilege to have had the returned to Boston College to complete his how the implementation of international asth- opportunity to participate in the ``Stamp Out studies. ma treatment guidelines can benefit patients Hunger'' food drive kickoff. The NALC Serving on many boards of directors of and reduce health care costs. branches in Westchester, Newburgh and Mid- charitable and community organizations, Mr. In the U.S., local World Asthma Day activi- dletown honored me with the opportunity to Cohen's 44 years of volunteer work include ties are being coordinated by the NHLBI's Na- assist them in their efforts to improve the lives International Special Olympics, Adam Walsh tional Asthma Education and Prevention Pro- of less fortunate individuals. Both NALC Child Resource Centers (missing and ex- gram (NAEPP) and are listed on its Web site branches appear to be well on their way to an- ploited children), American Youth Soccer (www.nhlbi.nih.gov). These activities range other record-breaking food drive and I wish (ATSO), Lokrantz School (M.O.V.E.), Presi- from local press conferences to school poster them success and the best of luck. dents' Summit on America's Future, Jewish contests, and health fairs to science museum Mr. Speaker, I am honored to commend the Home for the Aging and Elizabeth Kubler- education programs. NALC on their continued generosity and good Ross Foundation. Current service includes the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.000 pfrm04 PsN: E03PT1 E618 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2000 University of Judaism, King Solomon Edu- within his restaurants by using the trees, H.R. 371 provides special relief and consid- cation Foundation (tuition reduction), Healing shrubs and flowers of Port Washington into eration for those Hmong veterans who have Hands Project (reconstructive surgery), Club the decorum of these properties. sought to emigrate to the United States. It rec- SODA (after school safe haven for middle and Mr. Hassan has invested his time and also ognizes the fact that many of the Hmong face high school students), Shomrei Torah Syna- has used his own money to restore many of unique language problems that would normally gogue, Blue Eagle Foundation (community the old buildings in downtown Port Wash- disqualify them for U.S. citizenship. These sports and education facility), St. Joseph Cen- ington to play host to his three businesses. He problems stem from the Natural Cultural Bar- ter and General Colin Powell's America's has consulted many times with the members riers that exist between Asian and Western Promise. In addition, David is very proud of of the Residents For A More Beautiful Port societies, as well as the distinct issue of an his many years of imaginative pro-bono sup- Washington to inquire about how they would underdeveloped and underutilized Hmong writ- port of and active participation with the Ste- effectively make Port Washington a more en- ten language. phen S. Wise Temple and its Schools, the joyable place to shop, eat and live. Ayhan H.R. 371 addresses this unique problem by largest Reform Jewish Temple in the United Hassan is indeed a man dedicated to improv- waiving the English language requirement and States. He created and now chairs the first ing the quality of life for his community. provides special consideration for the civics Stephen S. Wise Temple Corporate Re- Mr. Speaker, I ask my colleagues in the requirement associated with naturalization. sources Division. House of Representatives to join me today in The bill was amended in subcommittee to ad- David is frequently heard commenting, ``My honoring Ayhan Hassan for his many years of dress concerns over the potential for fraud by greatest accomplishment is my daughter, active service to Port Washington and in wish- clearly outlining steps that needed to be taken Danielle Elizabeth, who at 13 has learned, ing him many more to come. to determine a veteran's eligibility, and limiting embraced and implements every day the very f the total number of potential beneficiaries to best of what concerned citizenship is all about. 45,000. PERSONAL EXPLANATION I know that as my parents set the example for Mr. Speaker, I reiterate that this legislation me, Danielle will lead her generation and is long overdue. I visited Hmong Commanding those who follow to make a significant dif- HON. MIKE McINTYRE General Vang-Pao at his field headquarters in ference in our community, our country and the OF NORTH CAROLINA Central Laos in 1973. At that time, I was world. As she always says, `One can count' ''. IN THE HOUSE OF REPRESENTATIVES deeply impressed at how these people were Mr. Speaker, distinguished colleagues, Wednesday, May 3, 2000 willing to place their own lives and welfare on the line to not only fight for their freedom, but please join me in paying tribute to Mr. M. Mr. MCINTYRE. Mr. Speaker, on Tuesday, David Cohen as he continues his extraor- also to assist our American war effort and to May 2, 2000, I was in North Carolina partici- save American lives. To paraphrase the au- dinary commitment to the community and our pating in my state's primary election and was country. He has earned and deserves our rec- thor of this legislation, their actions during the unavoidably absent for rollcall votes 131 and Vietnam war demonstrates that the Hmong ognition, praise and respect. 132. Had I been present I would have voted f have already passed the most important test ``yes'' on rollcall vote 131, and ``yes'' on rollcall of all, risking their lives to defend freedom and PERSONAL EXPLANATION vote 132. save American personnel. f Accordingly, for this, we owe them our grati- HON. JULIA CARSON HMONG VETERANS’ tude. This legislation corrects a long overdue NATURALIZATION ACT OF 2000 problem, and is a significant step on the road OF INDIANA to repaying the debt we as a Nation owe the IN THE HOUSE OF REPRESENTATIVES SPEECH OF Hmong veterans. Wednesday, May 3, 2000 HON. BENJAMIN A. GILMAN f Ms. CARSON. Mr. Speaker, I was unavoid- OF NEW YORK TRIBUTE TO DR. DAVID RICHARD ably absent yesterday, Tuesday, May 2, 2000, IN THE HOUSE OF REPRESENTATIVES PRESTON and as a result, missed rollcall votes 131 and Tuesday, May 2, 2000 132. Had I been present, I would have voted HON. BRAD SHERMAN ``yes'' on roll call vote 131 and ``yes'' on rollcall Mr. GILMAN. Mr. Speaker, I rise today in OF CALIFORNIA vote 132. strong support of H.R. 371, the Hmong Vet- IN THE HOUSE OF REPRESENTATIVES f erans Naturalization Act of 2000. I urge my colleagues to join in supporting this important Wednesday, May 3, 2000 IN HONOR OF AYHAN HASSAN legislation. Mr. SHERMAN. Mr. Speaker, today I pay This legislation is long overdue. For too tribute to Dr. David Richard Preston, an edu- HON. GARY L. ACKERMAN many years, the contributions made by our cator and management consultant who found- OF NEW YORK courageous Hmong allies during the Vietnam ed the Department of Organizational Behavior IN THE HOUSE OF REPRESENTATIVES war went largely unrecognized. As we com- at Phillips Graduate Institute. In his capacity memorate the 25th anniversary of the ignoble as Executive Director of this master's degree Wednesday, May 3, 2000 end to the Vietnam war, it is befitting that this program, Dr. Preston teaches and guides the Mr. ACKERMAN. Mr. Speaker, today I pay bill has come to the House floor for consider- research of professional students who are tribute to Ayhan Hassan who will be honored ation. learning how to make organizations more suc- by the Residents For A More Beautiful Port The Hmong veterans were an invaluable, cessful and humane. Washington at its Annual Spring Gala on May staunch ally to the U.S. war effort in Southeast Albert Einstein once wrote, ``Try not to be- 7th. Asia. Throughout the Vietnam conflict, Hmong come a man of success, but rather a man of Ayhan Hassan truly exemplifies a person guerrilla units, operating out of their native value.'' David Preston has spearheaded pro- who has achieved the American dream. He Laos, collected vital intelligence, protected key grams designed to promote personal, profes- was born in the Turkish portion of Cyprus, and American installations in remote mountain lo- sional and organizational values for the past became a citizen of the United States in 1982. cations, and rescued downed American pilots. fifteen years. His efforts began as a high During that year, Mr. Hassan opened Shish In a statement submitted to the Judiciary Sub- school student, when he developed and imple- Kabab, one of the most successful restaurants committee on Immigration and Claims in the mented events in which student leaders and in Port Washington and on Long Island. In 105th Congress, a former CIA intelligence offi- public officials engaged in dialogue about pol- 1995, Mr. Hassan's Fish Kebab restaurant cer estimated that Hmong operations out of icy, to the benefit of disabled students. Dr. debuted across the street and in 1995 he cre- Laos tied down 50,000 North Vietnamese Preston has maintained his ties to public edu- ated a third successful business in downtown troops in that country. cation, through training teachers at UCLA and Port Washington, the Mediterranean Market- It is important to note that the Hmong vet- by volunteering in such programs as Students place. erans performed their invaluable guerrilla role Run Los Angeles, in which he participated in In addition to being a prominent at great peril to themselves and to their fami- the Los Angeles Marathon alongside students restauranteur, Mr. Hassan has been a major lies. Moreover, many of them suffered dearly from Haddon Avenue Elementary School in contributor to the beautification of downtown at the hands of the Communist North Viet- Pacoima, California. Port Washington. Ayhan Hassan has incor- namese and Laotian forces after the U.S. with- Dr. Preston's teaching expertise has been porated the beauty of the natural environment drawal from Southeast Asia in 1972. recognized locally and nationally. Over the

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.003 pfrm04 PsN: E03PT1 May 3, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E619 past seven years, his courses at UCLA have instrumental in the formation of the Congres- schools and provide valuable information so received praise from students and colleagues. sional Fire Services Caucus and the Congres- other schools may learn what has made these He is sought after by professional associations sional Fire Services Institutes. schools so effective. and corporations for his expertise on topics Paul Boecker is a worthy successor to this Calhoun Elementary School is made up of such as team building, time management, legacy. students in kindergarten through fifth grade. leadership and motivation. Dr. Preston's first It's hard to know where to begin to list Programs at Calhoun Elementary include a book, Time for Success, has helped many of Paul's accomplishments. Perhaps it is simplest computer lab which is incorporated into the his students and clients achieve their goals. to say that, when he retired on July 2, 1994, science, social studies, reading, and math cur- Two years ago, Dr. Preston was asked to he had made the Lisle-Woodridge Fire District riculums. Calhoun Elementary has increased create an academic program that would help one of the finest in the world. parental involvement by over 100%. The Fam- professionals deal with the human issues that But that might not fully capture what he did. ily Reading Night has tripled in size since its create challenges in organizations. During his 23 years as fire chief, he took a inception last year. Other activities involving Phillips Graduate Institute invited Dr. Pres- volunteer fire department of part-time fire- parents include parent and child computer ton to write the curriculum, hire adjunct faculty, fighters and two stations that responded to night, sweatshirt decorating, and speakers on recruit students and create business alliances 454 calls to one that now responds annually to topics of interest to parents, all of which are for what would eventually become the Depart- more than 4,800 calls with 100 full-time fire- planned by the Title I Parent Liaison. Calhoun ment of Organizational Behavior. Today, the fighters at five stations. students participate in a keyboard lab to learn department serves approximately twenty stu- In 1993, the district became the first fire pro- music, history, notes and background. This dents in each class. In addition to the basic tection district and one of only 15 fire depart- has enabled students to become more pro- skills needed in the business environment, ments in the nation to achieve the ISO Class ficient in science and math. Calhoun students each student takes courses such as Ethics, 1 rating. have improved achievement scores by at least Conflict Resolution, and Organizational Paul's accomplishments aren't limited to the 16 points. Change. Students are taught adult learning local level. For 14 years, he served as chair- Title I has enabled the school to adopt ex- styles, how satisfaction is linked to perform- man of the Emergency Management Com- tensive programmatic and systematic changes ance, and how organizational values can lead mittee of the International Association of Fire to help ensure the success of their students. to success beyond mere profit. Chiefs. He is the author of the ``Common New teaching strategies have incorporated Dr. Preston's students are as ethnically and Sense Disaster ManagementÐThink Big!'' tasks which require higher order thinking skills professionally diverse as the organizations program that is presented at numerous state used in critical problem solving. Teachers en- they serve. In a recent class, a workgroup in- fire schools. gage students in challenging activities which cluded an entrepreneur, a financial planner, a His list of awards is so long as to make a capture the students' interests. Teachers have human resources specialist, and the CEO of a full accounting here impossible. However, any- also focused attention on addressing the hospital. The common thread that weaves stu- one who has been named citizen of the year needs of a student body with multiple dents together is that they work with people in so many different places has clearly had an intelligences and diverse learning capabilities. and have the desire to create and maintain impact. The students, teachers, administrators, and successful long-term working relationships. By Beyond his own personal accomplishments, parents at Calhoun Elementary School should teaching management strategies that empha- Paul was instrumental in encouraging his per- be proud of their extraordinary achievement. size values such as honesty, loyalty, and sonnelÐfrom firefighters to administrators to Their determination and community-based so- teamwork, Dr. Preston is giving these students fire chaplainsÐto contribute to the growth of lutions set an outstanding example for other the tools that can change the face of busi- the national fire service. From his staff came schools to follow. ness. ideas, encouraged by Paul, that led to the f Mr. Speaker, distinguished colleagues, Federation of Fire Chaplains and the Illinois COMMENDING THE CITY OF please join me in honoring Dr. David Richard Fire Chiefs' Secretary Association. MONTCLAIR IN THE WAR Preston for his service both as Executive Di- Paul is a man devoted to his profession, his AGAINST HEART DISEASE rector at Phillips Graduate Institute, and for his family, and his friends. He exemplifies the continual efforts to foster action on behalf of spirit and dedication of the men and women in HON. GARY G. MILLER education in the business community. He is a the fire service. OF CALIFORNIA I congratulate Paul Boecker for winning the role model for educators and business leaders IN THE HOUSE OF REPRESENTATIVES who want to improve performance within their Mason Lankford Fire Service Leadership Wednesday, May 3, 2000 organizations, and together improve coopera- Award. It is an honor to represent him in Con- tion and corporate citizenship as a society. gress and an honor to recognize his achieve- Mr. GARY G. MILLER of California. Mr. f ments here today. Speaker, I rise to celebrate the exciting work f that is being done to combat heart disease in IN RECOGNITION OF MASON the City of Montclair, California. LANKFORD FIRE SERVICE LEAD- COMMENDING CALHOUN Heart disease is the number one killer in ERSHIP AWARD RECIPIENT PAUL ELEMENTARY SCHOOL this nation. To battle this deadly problem, the BOECKER American Heart Association works with local HON. ED WHITFIELD cities to encourage education on the disease HON. JUDY BIGGERT OF KENTUCKY and to promote healthy lifestyles. This year, I OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES am pleased to join the American Heart Asso- ciation of the Inland Empire to recognize the IN THE HOUSE OF REPRESENTATIVES Wednesday, May 3, 2000 City of Montclair in the war against heart dis- Wednesday, May 3, 2000 Mr. WHITFIELD. Mr. Speaker, I rise to com- ease. Mrs. BIGGERT. Mr. Speaker, today I recog- mend a school in my DistrictÐCalhoun Ele- You may be interested to know that the City nize and congratulate a true leader in fire mentary School, located in McLean County, of Montclair successfully competed for a grant safety and emergency preparedness with Kentucky. The school was honored on May 2 from the California Department of Health Serv- whom the people of the 13th District of Illinois as a Distinguished Title I School by the U.S. ices Nutrition Network to promote healthy eat- have the distinct pleasure of living. Department of Education and the National As- ing and lifestyles choices. This grant expands Tonight, that leadership will be honored at sociation of State Title I Directors (NASTID) at the city's Por La Vida program. This program the National Fire and Emergency Services an awards luncheon in conjunction with the trains Latino women to be health educators Dinner held by the Congressional Fire Serv- annual meeting of the International Reading (consejeras) with a six-week series of ongoing ices Institute. There, Paul Boecker, Fire Chief Association. Each Distinguished School is cooking classes. In addition to healthy meal Emeritus of the Lisle-Woodridge Fire District, nominated by its state. preparation, the classes include formal chef will receive the Mason Lankford Fire Service The Title I program provides critical help to demonstrations and tours of a local farmer's Leadership Award. schools with students from low-income fami- market. To promote heart-healthy lifestyles As my colleagues are no doubt aware, this lies. Title I funds are targeted at boosting poor throughout Montclair, the city council is also award was established in 1998 in honor of the achievement and improving basic skills. The supportive of a cooking contest and a health late Mason Lankford, who was a strong advo- purpose of the Distinguished Title I Schools promotion workshop that will be open to the cate of all first responders. Lankford was also award is to honor the successes of these entire community this summer.

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.008 pfrm04 PsN: E03PT1 E620 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2000 I commend the City of Montclair for this in- ership positions include Vice President of community. Many charities and organizations novative approach to educating and promoting Membership and Treasurer at Temple Israel in have benefited from their generosity. Their heart-healthy lifestyles. Long Beach. At Temple Bat Yahm, Lee has servicesÐwhether it is as host for a meeting f also held various Vice Presidential positions, or sponsor of an eventÐare highlighted by including Membership, Facilities, and Long their quality of work and impressive work TRIBUTE TO VIRGINIA TUFARO Range Planning. Currently, he is serving his ethic. second term as President of the Temple Bat Willie BushÐfor his desire to help the less HON. CAROLYN McCARTHY Yahm Board of Trustees. He has also served fortunate. Willie Bush is a well known figure OF NEW YORK on the Board of Directors for the Jewish Na- within the family of Reston's Martin Luther IN THE HOUSE OF REPRESENTATIVES tional Fund. Lee's ongoing commitment to the King Christian Church. As Chairman of the Church Outreach Center, he has spent 14 Wednesday, May 3, 2000 Boy Scouts of America is evidenced by his service as a Cub Master and as an Assistant years providing holiday food baskets, serving Mrs. MCCARTHY of New York. Mr. Speak- Scoutmaster for the past four years. Kathy as a member of Reston Interfaith, the Reston er, I rise today to pay tribute to a real hero Berman has also long been active in scouting, Jaycees and the Church Bible Study/Choir/ from my District, Virginia Tufaro. As a life long having served as a Cub Scout leader, Girl Deacon Board, and serving as a member of resident of Long Island, Virginia has dedicated Scout leader, and Troop Organizer for the the ``Works Sunday Project,'' an outreach ac- her life to helping others. For over 27 years, Greater Long Beach Girl Scout Council. Along tivity in support of the homeless, abused as a registered nurse and through her volun- with her husband, Kathy has dedicated herself women and senior citizens. Throughout his teer work as a member of the Mineola Volun- to Temple Bat Yahm, where she served as long history of providing assistance to others, teer Ambulance Core, the New York Disaster Sisterhood Co-President for three years. She he has exemplified his Christian living by Medical Assistance Team, and the Safe Kids has also served as Scrip Chair, Gala Reserva- working for the poor, visiting the sick and CoalitionÐVirginia is truly one of our unsung tion Chair, Campership Chair, and as a singer feeding the hungry. Whether a member has heros on Long Island. in the Temple choir. needed food or clothing, money to pay utility In addition, Virginia can be found teaching Together, Dr. Lee and Kathy Berman bills or simply support, Willie Bush has given junior volunteers, working at the first station at worked diligently to create a new expanded of himself and worked for the betterment of the Olympic Swim Team Trials, and at the campus and Torah learning center at Temple the Reston community. local county fair's first aid station. Bat Yahm. Their dedication to the realization Nancy BurkeÐfor her tireless efforts and Virginia's daily heroism came into the of this goal has not gone unnoticed and, support of athletics in the community. Nancy public's eye on December 30, 1999, when Vir- through their leadership, their dream will soon Burke currently serves as a Health and Phys- ginia saved Michael Geier's life. Michael had become a reality. In recognition of their invalu- ical Education, Sports Medicine and Driver's been riding at the North Shore Equestrian able service, Kathy and Lee will receive the Education teacher at South Lakes High Center in Brookville, New York. When Mi- distinguished Spirit of Life Award from Temple School. As the school's head athletic trainer, chael's horse returned to the barn without Mi- Bat Yahm at its annual Gala Dinner Dance, she oversees medical assistance to athletes chael, Virginia jumped off her horse and into Vision 2000. This honor represents the exem- and trains student assistants to administer her jeep in search of Michael. She found him plary dedication of Lee and Kathy to improve help. As a teacher, she has gone above the face down in the dirt. He was flaccid and unre- both Temple Bat Yahm and our community. call of duty by working to improve the school's sponsive. He had a pulse, but his breathing Mr. Speaker, may we ask our distinguished athletic training facility and taking her students was agony and it was clear the situation was colleagues to join me in extending our grati- on numerous trips to learn about sports medi- desperate. tude and appreciation to Dr. Lee and Kathy cine. Outside of the classroom, she continues Fortunately, Virginia's expertise is in critical Berman for their dedicated service to our com- her role by volunteering with the Reston youth care and trauma, thus she was able to quickly munity. football and softball teams and donating her assess her patient's condition and intervene to f time and efforts to help students with coun- save his life. She stabilized Michael's airway seling and advice. Nancy Burke has had a and cervical spine and administered artificial HONORING THE 2000 BEST OF positive influence on the lives of the countless respiration. Virginia then mobilized a helicopter RESTON AWARD WINNERS students she has known during her years at rescue and were both airlifted to Nassau South Lakes, whether it is through athletics or County Medical Center, a level one trauma HON. THOMAS M. DAVIS her role as a teacher and friend. center, where he was immediately incubated OF VIRGINIA Greater Reston Arts Center (GRACE)Ðfor and placed on a ventilator. Michael slipped IN THE HOUSE OF REPRESENTATIVES promoting the importance of arts and enriching into a coma for about a week, but thankfully individual and community life in Reston. For Wednesday, May 3, 2000 today Michael has regained consciousness 25 years, GRACE has strived to foster and and is doing great at St. Charles Rehabilitation Mr. DAVIS of Virginia. Mr. Speaker, I rise promote excellence in contemporary visual Hospital. today to honor those residents of Reston, Vir- arts. GRACE has worked directly with the As we begin to celebrate National Nurses ginia who have been awarded the Best of youth of Reston in many ways, including pro- Week, I want to thank Virginia for going above Reston Community Service Award, which is viding arts experiences through its volunteers and beyond the call of duty for the people of presented annually by the Greater Reston for more than 15,000 students in more than 30 Long Island. Chamber of Commerce and Reston Interfaith area elementary schools; offering free Satur- f to honor businesses and individuals that have day workshop for area children; hosting a gone above the norm in their service to others summer art program; and awarding scholar- HONORING DR. LEE AND KATHY in the Reston community. ships to students to pursue post-graduate arts BERMAN Dan Amato and the Hyatt Regency Res- education. GRACE also produces gallery ex- tonÐfor their strong work ethic, invaluable hibits at the Town Center gallery and present HON. BRAD SHERMAN customer service and commitment to the com- a series of exhibitions of contemporary art at OF CALIFORNIA munity. Both Dan Amato and the staff of the Market Street Bar & Grill. GRACE's key event IN THE HOUSE OF REPRESENTATIVES Hyatt Regency Reston have taken enormous of the year is its Northern Virginia Fine Arts strides to host a quality facility in Reston. Festival, which brings nationally known fine Wednesday, May 3, 2000 Throughout their years in the Reston Town artists and craftspeople for a weekend of art Mr. SHERMAN. Mr. Speaker, today I pay Center, they have been more than willing to and music. Now in its ninth year, more than tribute to two exceptional people, Dr. Lee and donate time, resources and money to the 70,000 people attend the festival. GRACE Kathy Berman, as they receive this year's many organizations that patronize their hotel. plays a large role in the lives of Reston's citi- Spirit of Life Award from Temple Bat Yahm. Whether it has been hosting an event for the zens and contributes to the quality of life. Their dedication and commitment to their tem- Reston 2000 Task Force, donating gift certifi- Michael GuthrieÐfor his inner drive to make ple and community serves as an example to cates for countless charities and community Reston the best possible place to live and to us all. organizations, or supporting the Greater Res- raise a family. Michael Guthrie is an active A practicing optometrist for the past 25 ton Arts Center's (GRACE) gallery and the member of the Reston community in every years, Lee Berman has a long history of dis- Greater Reston Chamber of Commerce, Dan way. Whether as a representative on the Res- tinguished service to the Jewish community Amato and the Hyatt have made continuous ton 2000 Task Force, a supporter of the Amer- and the greater community. His religious lead- strides to be involved in every aspect of the ican Cancer Society, a coach in the

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.011 pfrm04 PsN: E03PT1 May 3, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E621 Reston Youth Athlete Association or a mem- Mr. Speaker, I know my colleagues join me The Northeast Rebels is a self-supported ber of the Reston Rail Scope of Work, he has in honoring the Best of Reston award winners league and has four cheerleading teams, aver- given his all to ensure success. Along with his for all of their hard work in making their com- aging approximately 300 children, from the work as office manager of the Long & Foster munity a better place to live. ages of 7±15 years of age. Cheerleaders try- Wiehle Avenue Office, Michael Guthrie has f out for the team based on their age group, wasted no time supporting many organizations with a maximum of 20 girls per squad. Each in Reston. He has volunteered to serve on nu- BUSINESS CHECKING year all four divisions of cheerleading squads merous committees and has always taken a MODERNIZATION ACT compete against other county leagues in the leadership role. From spearheading the public same classification for the NBFL Cheerleading relations campaign for the 2000 Martin Luther HON. SUE WILKINS MYRICK Competition. They also compete in the King Celebration, to arranging for motivational OF NORTH CAROLINA Broward County Fair Competition and in 1999, speakers for students at Langston Hughes IN THE HOUSE OF REPRESENTATIVES all four teams won 1st place in their division. Middle School and South Lakes High School, In particular I would like to recognize their to creating an opportunity for realtors to do- Wednesday, May 3, 2000 accomplishments of the A&B Team in the Jun- nate to Reston Interfaith through a deduction Mrs. MYRICK. Mr. Speaker, the House of ior Recreation Division and the C±Team in the on commission checks and many more, Mi- Representatives yesterday passed H.R. 4067, Youth Recreation Division at the USACF Na- chael has put his heart into support of all the ``Business Checking Modernization Act'' by tional Competition held at the Charlotte Coli- walks of life in Reston. His energy and enthu- voice vote. As this legislation goes to the Sen- seum, Charlotte North Carolina on April 1 and siasm for Reston has not gone unnoticed by ate and possible to a conference, I would like 2. The A&B Team placed 2nd in the Junior his co-workers and fellow citizens, who are to urge my House colleagues who will be con- Recreation Division and the C Team won the often inspired to serve along with him. Michael ferees to insist on the inclusion of two impor- National Championship in the Youth Recre- Guthrie has gone beyond what is expected of tant provisions in any conference report. One ation Division. any citizen and continues to make a contribu- key provision currently not part of this legisla- To prepare for competition, the managers tion to the community. tion is language that would allow the Federal and coaches spend many hours making up Joe and Marcia StowersÐfor their continued Reserve to pay interest on ``sterile reserves.'' dances, cheers, formations, stunts & choreog- work to improve transportation in Reston. Joe The last time the House of Representatives raphy. They volunteer not only for community and Marcia Stowers have been involved in al- passed similar legislation on October 9, 1998, hours, but they also have the satisfaction that most every land use and transportation such language was included. This language is they have inspired and impacted the girls they projects in Reston. Through their service on still needed. The measure that passed yester- coach. The admiration of the cheerleaders for the Reston Community Association Planning day will impose new costs on banks, accord- their coaches, is evident in their performances. and Zoning Committee, Reston on Foot, Res- ing to the Federal Reserve, without any provi- I know the House will join me in paying trib- ton 2000 and more, the Stowers have shared sion for offsetting these costs. The Federal ute to this outstanding team of people and their expertise to benefit every resident and wish them continued success in their endeav- transient, worker, bicyclist, and pedestrian. Reserve has expressed its support for the payment of interest on sterile reserves to off- ors: Lori Thompson, Stacy Guy, Shannon The Stowers have had a hand in countless Troyer, Amanda Nutter, Gina Mariatti, Katie transportation issues in Reston, including cre- set these costs, and I understand that House Banking Committee Chairman Leach has indi- Birge, Rachel Maggi, Paige Becerra, Angelina ating the Reston Transportation Committee, DiCandia, Melanie Dhaveloose, Stephanie Ely, assisting in the formation of LINK, advocating cated that he supports the provision as well. I would urge my colleagues to include that lan- Heidi Friedman, Samantha Gasperic, Melanie for HOV lanes on the Dulles Toll Road, and Gent, Joanne Maglorie, Julie McGaha, Jamie more recently, supporting rail to Dulles. The guage in any conference report prepared on this bill. McMillan, Lauren Mitchell, Elizabeth Montero, Stowers arrived among the first settlers in Lexy Spellacy, and Samantha Tomaro. Reston in 1965 and have both lived and One other provision that I would urge the f workedÐnow at Sydec Inc., a transportation- House conferees to retain is language pro- consulting firmÐaround the Lake Anne Village viding a three-year transition period before the NATIONAL READING PANEL Center. After 30 years of community service, payment of interest on commercial checking SUPPORTS PHONICS they have succeeded in encouraging a new accounts becomes effective. This transition generation to become active in Reston civic period is shorter by half than the transition pe- HON. DAVID M. McINTOSH riod included in the legislation adopted by the affairs and to play roles as emerging commu- OF INDIANA House in 1998, and yet it is still the case that nity leaders. IN THE HOUSE OF REPRESENTATIVES Vicky WingertÐfor her steadfast effort as a banks will be required to unwind and restruc- community volunteer. Vicky Wingert has gone ture long-standing relationships with their cus- Wednesday, May 3, 2000 well beyond her role as Executive Vice Presi- tomers. Due to the current prohibition against Mr. MCINTOSH. Mr. Speaker, a parent in In- dent of Reston Association (RA) in working for the payment of interest on commercial check- diana shared with me this touching story, a better Reston, where her personal contribu- ing accounts, many banks have developed a ``When my son was in first grade, he used to tions go far beyond her job related duties. She menu of other services that they provide to say, `I hate school, how old do you have to be uses her talent in firm-making to maximize the their customers. These will need to be restruc- to quit.' He was so frustrated because he visual image of Reston for residents, visitors tured. With yesterday's vote the House has al- couldn't read. The school did not `believe' in and employers. She has volunteered her serv- ready reduced the transition period available phonics. When my son learned the Direct Ap- ices in the production of The Difference is to banks from the earlier 1998 legislation. It is proach, he got the `tools' he needed to read. Reston; Reston Interfaith's 25 Anniversary very important that this transition period of The logical approach made sense to him. He celebration, a presentation that stressed the three years not be reduced further. I would started reading on his own instead of me importance of its program; and Pals, the urge the House conferees to maintain the reading to him. With only one year of the Movie, a firm created for PALS, Reston's early House position of a three-year transition pe- smart chart, in second grade, he scored 4th learning center, to assist parents in selecting riod in any conference report on H.R. 4067. grade reading equivalency on the Stanford a quality care facility. Vicky also volunteers for f Achievement test. Pretty amazing!'' countless other programs, including the Res- This success story could be repeated again ton Festival, Character Counts! Coalition of TRIBUTE TO THE NORTHEAST and again if schools took the initiative this car- Reston, the Northern Virginia Fine Arts Fes- REBELS CHEERLEADERS ing parent took to help her child learn to read tival, the Martin Luther King Jr. Celebration by teaching him phonics. Unfortunately, many and more. Throughout her 23 years of com- HON. E. CLAY SHAW, JR. elementary schools do not teach phonics and munity service, her volunteer efforts have OF FLORIDA more than a few teacher colleges do not teach been to the advantage of the entire community IN THE HOUSE OF REPRESENTATIVES teachers this instruction technique. and have affected thousands. She is a strong Recently, however, I became optimistic that advocate for the community and seeks to pro- Wednesday, May 3, 2000 many more schools will choose to adopt vide the leadership necessary to further imple- Mr. SHAW. Mr. Speaker, today I honor and phonics. My optimism stems from the release ment the goals on which Reston was founded. pay tribute to the Northeast Rebels Cheer- of the National Reading Panel's report on suc- She is a wonderful steward and acts from the leaders for their efforts and contributions in the cessful reading strategies. On April 13, 2000, conviction that Reston, on her watch, will be USACF National Competition held at the Char- the Congressionally mandated National Read- an extraordinary community. lotte Coliseum, in Charlotte, North Carolina. ing Panel released its findings which support

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.015 pfrm04 PsN: E03PT1 E622 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2000 the teaching of phonics, word sounds, and giv- 50TH ANNIVERSARY OF ADELPHI TRIBUTE TO STAN SMITH ing feedback on oral reading as the most ef- UNIVERSITY SCHOOL OF SOCIAL fective way to teach reading. WORK HON. TOM LANTOS The Panel, selected by the Director of the OF CALIFORNIA National Institute of Child Health and Human HON. CAROLYN McCARTHY IN THE HOUSE OF REPRESENTATIVES Development in consultation with the U.S. Wednesday, May 3, 2000 Secretary of Education, was composed of 14 OF NEW YORK Mr. LANTOS. Mr. Speaker, I invite my col- individuals including leading scientists in read- IN THE HOUSE OF REPRESENTATIVES leagues to join me today in paying tribute to ing research, representatives of colleges of my friend Stan Smith, who is retiring after 25 Wednesday, May 3, 2000 education, reading teachers, educational ad- years of distinguished service for San Fran- cisco's working families as the Secretary ministrators, and parents. During the past two Mrs. MCCARTHY of New York. Mr. Speak- Treasurer/Business Representative of the San years, members reviewed thirty years of read- er, social workers are the people who trans- Francisco Building & Construction Trades ing research studies. late their education and training into commit- Council. The panel found that for children to read ment to making a difference in all aspects of Stan's lifelong commitment to organized well, they must be taught phonemic aware- people's lives. They are everywhere: in the labor began in 1955 when he entered the nessÐthe ability to manipulate the sounds courts, healthcare settings, schools, public and building trades as an apprentice glazier. He that make up spoken language and phonics private agencies, congressional offices and in- became a journeyman in 1958. His excep- dustry, just to name a few. Often the public skillsÐan understanding of the relationship tional skills and devotion to assisting his fellow decries social problems that they would like between words and sounds. workers were recognized in his election as solved; these are the people who work on a President of Glaziers Union Local #718 in The panel concluded that research literature daily basis with individuals affected by them. 1958, an office he held until 1965. Stan's self- provides hard evidence that phonics provides In order for social workers to maintain their less dedication to the causes of organized significant benefits to children from kinder- high standard of care, they need the knowl- labor was further demonstrated when he was garten through the 6th grade and to children edge and skills required to assess the biologi- elected Field Representative of Local #718 in 1965. In this position, he was tireless in the with learning difficulties. The panel rec- cal, interpersonal, environmental, cultural, and pursuit of justice, and he was masterful in set- ommends systematic phonics instruction which organizational components of people's prob- tling grievances, bargaining, and resolving dis- provides the greatest improvements. System- lems. Adelphi University's School of Social putes arising during the collective bargaining atic phonics consists of teaching a planned Work has spent the past five decades edu- sequence of phonics elements, rather than process. cating and training individuals for roles and ca- Mr. Speaker, Stan Smith's stellar career cul- highlighting elements as they happen to ap- reers in the social welfare system. minated in his election to the office of Sec- pear in a text. The School of Social Work first opened its retary Treasurer/Business Representative of The importance of these findings cannot be doors in 1949 in response to the increased the San Francisco Building & Construction overstated. America suffers from a reading need for social and community services. Over Trades Council, AFL-CIO. In this position, deficit. The 1998 National Assessment for the past 50 years, it has sent countless pro- Stan has worked tirelessly to bring prosperity Educational Progress (NAEP) has found that fessional social workers into the world to facili- and security to Bay Area working families. He 69% of 4th grade students are reading below tate social as well as individual change with was an exceptionally able steward of all of San Francisco's construction unions, and in the proficient level. Minority children have families, groups communities, and individuals. this position assured their full participation in been particularly hard hit by reading difficul- Graduates of Adelphi's School of Social Work have become practitioners, executives, admin- the prosperity that we have enjoyed in the Bay ties. According to NAEP, 90 percent of African Area. istrators, faculty members and deans of pro- American, 86 percent of Hispanic, 63 Percent Mr. Smith's credentials as a master trades- of Asian students were reading below the professional schools. man are as stellar as his accomplishments in ficient level. By recognizing the increased demand for organized labor. He co-authored the first ap- The cost to those who never learn to read social work education, Adelphi has created nu- prenticeship manual for the glazing trade, adequately is much higher than that. Job pros- merous programs over the 5 decades to ac- which is used throughout the United States and the world. His service on the Flat Glass pects for those who cannot read are few. commodate the needs of its students. The list includes part-time study, weekend and Industry Joint Apprenticeship and Training Americans who cannot read are cut off from evening classes. A curriculum continuum from Committee was exemplary. He serves as an the rich opportunities this nation has to offer. undergraduate to graduate education was cre- Executive Committee member of the California And the tragedy is that students who can't ated in 1969, and a Doctorate of Social Wel- State Building Trades Council, and he is the read often end up in juvenile hall, or on the fare program was adopted in 1975. past Vice President of the San Francisco street susceptible to drugs, or school drop Labor Council, as well as a co-founder of outs. The school's staff is widely published, and Labor and Neighbor. Stan is also an honorary they continue to provide superior professional Many students will not get a second chance. member of the Elevator Constructors Local education to future generations of social work- Union #8. Andrea Neal, the Chief Editorial Writer for the ers. They have a history of concern for social Mr. Speaker, Stan Smith's commitment to Indianapolis Star who has been closely fol- policy and social welfare. This is reflected by helping others is typified by his outstanding lowing this issue puts it this way, ``It is reason- the operation of Adelphi's social agency by service as a leader in numerous organizations able and necessary to require elementary faculty, students, community professionals and seeking to provide opportunities for disadvan- teachers be trained in the most effective pho- volunteers. Current programs include the taged youth, minorities and women in appren- netic programs. To do otherwise is to commit Breast Cancer Support Program and Hotline, ticeship programs in the construction indus- educational malpractice on our children.'' the Refugee Assistance Program (RAP), and tries, including Young Community Developers, The National Reading Panel's report pro- the Long Island Coalition for Full Employment. Chinese for Affirmative Action, Ella Hill Hutch Community Center, Cal/OSHA Advisory Com- vides teachers and teacher colleges informa- In 1949, the School of Social Work admitted mittee, Mission Bay Citizens Advisory Com- 25 students, and in 1951 graduated 23. It now tion to prevent instructional malpractice. As mittee, Apprentice Opportunities Foundation, the most comprehensive evidenced-based re- boasts four campuses with nearly 850 stu- and the Youth Guidance Center Committee. view ever conducted of research on how chil- dents enrolled in Bachelor, Master and Doc- He has also held a number of leadership dren learn reading, this report can be a power- toral programs. As the Adelphi School of So- positions with community organizations, in- ful tool in fight against ineffective reading in- cial Work celebrates its 50th anniversary, I ap- cluding service as a director of the Bayview struction and illiteracy, if we choose to use it. plaud its strong commitment to the ongoing Hunters Point Model Cities Program, and as a enhancement of social work knowledge, val- member of the community advisory group on I urge my colleagues to read the report and ues, and skills, and its successful preparation the University of California at San Francisco's disseminate its findings through their respec- of countless professionals who continue to Long Range Development Plan, the San Fran- tive districts. meet the needs of an ever-changing society. cisco Open Space Committee, and the Booker

VerDate 272000 07:26 May 04, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.018 pfrm04 PsN: E03PT1 May 3, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E623 T. Washington Community Center. Stan is years. His leadership has been instrumental in tenure at Ebenezer Baptist Church was indeed also San Francisco Mayor Willie Brown's ap- starting and maintaining the popular Wash- a fortunate and blessed time. A time of pointee to the Golden Gate Bridge District ington County Shooting Sports Program. Mr. progress, a time of great faith, and an era Board of Directors. Weaver's innovative approaches in the areas where hope, spread by his good works, A graduate of George Washington High of youth development and environmental edu- thrived. School, Stan Smith also served in the United cation distinguish the Washington County, NY I wish Reverend Hargrave every happiness States Marine Corps from 1951 to 1966, ini- program from all others. Local 4±H partici- on the occasion of his retirement. tially on active duty and later in the reserves. pants are fortunate to have a leader of his su- f He is the loving husband of Kathy Maas and perior caliber. the proud father of six children, seven grand- Mr. Weaver actively participates in the New RECOGNITION OF THE CONTRIBU- children and three great-grandchildren. York State Shooting Sports program. He at- TIONS OF ANTHONY F. SABILIA, Mr. Speaker, I greatly admire Stan Smith's tended instructor classes at the national level JR. dedication and commitment to working people and currently serves as an instructor for state of San Francisco. I invite my colleagues to join and local level workshops. Mr. Weaver has HON. SAM GEJDENSON me in expressing gratitude and esteem for his held numerous leadership roles in the 4±H, in- OF CONNECTICUT lifetime of service and in wishing him a rich cluding Chairperson of the 4±H Leaders Asso- IN THE HOUSE OF REPRESENTATIVES and rewarding retirement. ciation. He is an excellent role model for youth Wednesday, May 3, 2000 f and adults and always promotes teamwork and cooperation. Mr. GEJDENSON. Mr. Speaker, today I PERSONAL EXPLANATION Mr. Speaker, please join me in congratu- commend Anthony F. Sabilia, Jr. of New Lon- lating Mr. Douglas Weaver on his receipt of don, CT for 35 illustrious years as an educator HON. SUE WILKINS MYRICK the New York State 4±H Shooting Sports Pro- in the New London Public School System. Mr. OF NORTH CAROLINA gram Lifetime Achievement Award. He is an Sabilia's commitment to the education in New IN THE HOUSE OF REPRESENTATIVES inspiration to us all. London will remain an influence for years to f come. Wednesday, May 3, 2000 Mr. Sabilia was born on November 19, Mrs. MYRICK. Mr. Speaker, due to nec- HONORING REVEREND WILLIAM 1943, the oldest child of Rose and Anthony essary medical treatment, I was not present HARGRAVE OF EBENEZER BAP- Sabilia, Sr. Growing up in New London under for the following votes. If I had been present, TIST CHURCH the watchful eye of his maternal grandparents, I would have voted as follows: Mr. Sabilia graduated New London High APRIL 13, 2000 HON. STEVEN R. ROTHMAN School in 1961 and went on to Providence College where he graduated in 1965. Shortly Rollcall vote 123, on approving the journal, OF NEW JERSEY I would have voted yea. IN THE HOUSE OF REPRESENTATIVES thereafter, Mr. Sabilia began a long career as a teacher at New London High School. He Rollcall vote 124, on agreeing to H. Res. Wednesday, May 3, 2000 474, the Rule to the Conference Report for married Cleo Shea in 1966 and they are the the FY 2001 Budget Resolution, I would have Mr. ROTHMAN. Mr. Speaker, today I pay proud parents of Anthony and Elizabeth. voted yea. tribute to Reverend William H. Hargrave, who Through a career which spanned more than Rollcall vote 125, on agreeing to the Con- retired last year as the pastor of Ebenezer three decades, Mr. Sabilia taught English, ference Report to H. Con. Res. 290, the FY Baptist Church in Englewood, NJ. English as a Second Language, Citizenship, 2001 Budget Resolution, I would have voted As the former mayor of Englewood, NJ, I Basic Skills among other courses in the Adult yea. was witness to some of the many wonderful Rollcall vote 126, on the motion to recom- Education Program. As a leader in this field, mit H.R. 4199, the Date Certain Tax Code Re- ways in which Reverend Hargrave lifted the Mr. Sabilia served as President of the Con- placement Act, I would have voted nay. spirit of his congregation and his community necticut Association of Adult and Continuing Rollcall vote 127, on passage of H.R. 4199, over a career that spanned three decades. Education from 1985 to 1991 and President of the Date Certain Tax Code Replacement Act, During his tenure as pastor of Ebenezer the National Commission on Adult Basic Edu- I would have voted yea. Baptist Church from 1973 to 1999, Reverend cation in 1992, 1993, 1999 and 2000. Rollcall vote 128, on passage of the H.R. Hargrave led his congregation with faith and Mr. Speaker, after 35 years of commitment 3615, the Rural Local Broadcast Signal Act, I great distinction. As an eyewitness to his work to New London schools and to adult learners would have voted yea. as a pastor, I want to make several observa- Rollcall vote 129, on agreeing to the Bar- across our state, Mr. Sabilia will soon retire rett amendment to H.R. 3439, the Radio tions about the Reverend's remarkable career. from the position of Director of New London Broadcasting Preservation Act, I would have As a pastor, Reverend Hargrave had the Adult Education. His leadership and inspiration voted nay. great talent to bring people together-together will have a lasting influence in New London Rollcall vote 130, on passage of the H.R. in prayer and together to help build the spir- and across Connecticut for years to come. 3439, the Radio Broadcasting Preservation itual foundation of his church. From his work Today, I join citizens from New London in hon- Act, I would have voted yea. with the youngest member of his congregation oring Mr. Sabilia's accomplishments and in f to the oldest, Reverend Hargrave had a gift wishing him all the best in the future. that is the mark of any truly successful leader; f RECOGNIZING DOUGLAS WEAVER, he used his God-given power to unify people. NEW YORK STATE 4–H SHOOTING Whether he was working with a member of his PROTECTING THE INTERNET FROM SPORTS PROGRAM LIFETIME Board of Deacons or with the youngest mem- EXCESSIVE AND DISCRIMINA- ACHIEVEMENT AWARD RECIPI- ber of the youth choir, Reverend Hargrave TORY TAXATION ENT was able to unify people in pursuing a common goal. And for Reverend Hargrave, that HON. JERROLD NADLER HON. JOHN E. SWEENEY goal was always in keeping with what was OF NEW YORK OF NEW YORK best for his congregation and what would most IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES benefit the people of Englewood. I also want to convey my deep appreciation Wednesday, May 3, 2000 Wednesday, May 3, 2000 for the Reverend's foresight in paving the way Mr. NADLER. Mr. Speaker, I am pleased to Mr. SWEENEY. Mr. Speaker, today I recog- for the future of Ebenezer Baptist Church. By join with my colleagues Chairman HYDE, nize the New York State 4±H Shooting Sports being an integral part of the ``mortgage burn- Chairman GEKAS, and Ranking Member CON- Programs' Lifetime Achievements Award re- ing'' by helping oversee the purchase of the YERS in introducing legislation to follow up on cipient, Mr. Douglas Weaver of Hudson Falls, Hall House, and by acquiring a new church the work of the Advisory Commission of Elec- NY. Mr. Weaver received the award at the organ, the Reverend was moving to ensure tronic Commerce. New York State Shooting Sports Recognition that his church would prosper well into the This legislation is not intended to be a final Banquet which was held at the 4±H Training 21st century. proposal, but rather to stimulate debate on a Center in Ballston Spa, NY on April 28, 2000. For the parishioners of his church, for the very important subject. I have no doubt the Mr. Weaver has been a 4±H leader in the residents of Englewood, and for the people of sponsors would find portions of this bill over 22nd Congressional District for the past 19 the State of New Jersey, Reverend Hargrave's which they would disagree, but we believe it is

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.001 pfrm04 PsN: E03PT1 E624 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2000 necessary to initiate discussion, to have hear- THE NATIONAL COALITION FOR and academic success of students, parents, ings during which all points of view can be ASIAN PACIFIC AMERICAN COM- teachers, and administrators. considered, and determine what action might MUNITY DEVELOPMENT INAU- Declared ``one of the most promising edu- be appropriate. GURAL CONVENTION: MAY 1–3, cation innovations in recent years.'' by the In- 2000 dianapolis Star charter schools are an essen- It is in that spirit that I join my colleagues, tial institution in a state which wants to bring and I look forward to working with my fellow HON. NANCY PELOSI the community together for education and give members, the White House, state and local of- OF CALIFORNIA students greater opportunities to succeed aca- ficials and the industry to form a fair rational IN THE HOUSE OF REPRESENTATIVES demically. approach to these complex but important Charter schools are an important step in en- Wednesday, May 3, 2000 issues. gaging ``edupreneurs''Ðpeople who care Ms. PELOSI. Mr. Speaker, on the occasion deeply about education, are able to replicate f of its Inaugural Convention, The National Coa- successful practice because of their knowl- lition for Asian Pacific American Community edge of how results-oriented systems work, FULL FUNDING FOR SPECIAL Development should be commended for its im- and have the potential to bring enormous fi- EDUCATION portant work. nancial resources to the table for the better- The National Coalition for Asian Pacific ment of their students' education. American Community Development [National Charter schools create ``social capital'' by HON. ANNA G. ESHOO CAPACD] was formed to address a significant greatly expanding the opportunities for entire issue. It is dedicated to meeting the housing communitiesÐparticularly parentsÐto become OF CALIFORNIA and community development needs of the involved with the life of the school. Parents IN THE HOUSE OF REPRESENTATIVES Asian Pacific American population. tend to be involved more in charter schools, For more than two decades, the founding both because they are welcomed, and in Wednesday, May 3, 2000 member organizations of National CAPACD some cases required to participate, but also because people tend to develop a vested in- Ms. ESHOO. Mr. Speaker, I rise today in have been providing effective services to Asian Pacific Americans, immigrants, refu- terest in situations where they have made a support of H.R. 4055, the IDEA Full Funding gees, minority and impoverished populations. deliberate choice. Choice leads to ownership Act, which I'm proud to be a co-sponsor of. The formation of National CAPACD will help and responsibility. This bill is a prudent investment in our chil- coordinate the diverse work of the non-profit Choice also stimulates innovation. Charter dren that will finally put us on track to fulfill the organizations that serve the rapidly expanding schools tend to provide smaller and more Federal government's share of special edu- Asian Pacific American (APA) population. Na- ``family-like'' environments which some chil- cation. It sets a schedule to meet the 40% tional CAPACD's mission is to enhance the dren need to succeed. Charter schools serve Federal commitment by FY 2010 by author- capacity and ability of community based orga- diverse groups of students including those of lower income and those with disabilities. izing increases of $2 billion each year to reach nizations to conduct community development activities for the Asian and Pacific Islander These customized environment can provide the level of funding we should have been pro- communities. extra attention, tailored curricula, new learning viding all along. National CAPACD seeks to accomplish this innovations, and other benefits. I'm proud to have supported House Concur- mission by: Creating an information sharing As I said, charter schools are essential to rent Resolution 84 last year which urged the network to provide mutual support for estab- building a successful education system. Thirty- Congress and the President to fully fund spe- lished and emerging community development six states, the District of Columbia, and the cial education. But we can do more and we organizations, and to define advocacy issues; Commonwealth of Puerto Rico have passed should, by passing this important bill. Establishing a presence and voice to raise laws authorizing charter schools. It is my hope awareness and impact community develop- that Indiana will be the thirty-seventh. By Everyone agrees that a good education is ment policies on a local and national level; In- adopting a strong charter school law, we will critical to our children's future and their suc- creasing public and private resources to build ensure that no child is left behind. cess, yet we are not providing the financial re- community development capacity. Pursuing For these reasons, I am an original co-spon- sources to make this possible. It's hard for activities that promote unity, trust, support, sor of this resolution and an enthusiastic sup- local school districts to reduce class sizes, mutual assistance, empowerment, and inclu- porter of National Charter Schools Week. build needed schools, or hire new teachers sion. f while still providing for special education serv- Through this important work, National CAPACD seeks to strengthen affordable hous- IN COMMEMORATION OF ices, especially when the Federal government HOLOCAUST MEMORIAL DAY doesn't pay its fair share. ing development; economic development activities, such as workforce and business devel- SPEECH OF School districts are struggling with how to opment; community empowerment and cultural provide the best education possible for all chil- preservation; and neighborhood revitalization. HON. HENRY A. WAXMAN dren within tightly constrained budgets. Cali- National CAPACD will increase representa- OF CALIFORNIA fornia has over 600,000 students who receive tion, participation, and resources in Asian Pa- IN THE HOUSE OF REPRESENTATIVES special education and related services at a re- cific American communities. Tuesday, May 2, 2000 ported cost of $3.4 billion. Without Federal as- f Mr. WAXMAN. Mr. Speaker, I commend sistance, local school districts are forced to SUPPORT FOR CHARTER SCHOOLS Yom Hashoah, Holocaust Martyrs' and He- use their general funds to the detriment of roes' Remembrance Day, which memorializes other programs. HON. DAVID M. McINTOSH the six million Jews murdered during World In a speech I gave almost one year ago in OF INDIANA War II. support of House Concurrent Resolution 84, I IN THE HOUSE OF REPRESENTATIVES This somber anniversary is a tribute to the memory of the victims of the Holocaust, the called upon Congress to fulfill its pledge for Wednesday, May 3, 2000 full funding of IDEA. I'm pleased that the lead- heroism of those who fought back, and the Mr. McINTOSH. Mr. Speaker, I rise today in strength of those who survived. A national hol- ership of the House heard my call and that of support of National Charter Schools Week and iday in Israel, Yom Hashoah is also com- my colleagues to make good on the Federal the resolution which highlights the success of memorated in communities across this coun- government's obligation to the school districts this important institution. National Charter try. and our children across our country. Schools Week was declared to recognize the I strongly believe that we must act on our I thank the House leadership for bringing achievement of charter schools across Amer- promise to ``never forget'' by acting on our re- this important piece of legislation to the floor ica. It is supported by more than sixty grass- sponsibility to teach future generations about and I urge my colleagues to support H.R. roots organizations including the Indiana Char- the lessons of the Holocaust. As we prepare 4055. ter School Association. Hundreds of schools, our children for a new century, we must instill governors, and legislators are participating in in them the tolerance and compassion to pre- activities to honor the involvement, dedication, vent the greatest terror of the past century

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.024 pfrm04 PsN: E03PT1 May 3, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E625 from ever being repeated in the next. The leg- A TRIBUTE TO WAYNE REED LETTER CARRIERS WORK TO acy of the survivors of the Holocaust and of STAMP OUT HUNGER—A NATION- those who perished will only live on if we edu- WIDE FOOD DRIVE cate people about this history. HON. DAVID D. PHELPS It was only last month that British Courts ex- OF ILLINOIS HON. GERALD D. KLECZKA onerated historian Deborah Lipstadt of the IN THE HOUSE OF REPRESENTATIVES OF WISCONSIN libel charges brought by a Holocaust denier. IN THE HOUSE OF REPRESENTATIVES Wednesday, May 3, 2000 Although the decision reaffirmed that Holo- Wednesday, May 3, 2000 caust denial is false history and Nazi sym- Mr. PHELPS. Mr. Speaker, I pay tribute to Mr. KLECZKA. Mr. Speaker, on Saturday, pathy, it is unfortunate that such attempts to Wayne Reed of Harrisburg, Illinois on his 80th May 13, 2000, the largest one-day food drive distort and trivialize the Holocaust abound. birthday. Wayne's birthday was two weeks in the country will take place. Letter carriers The release of the Eichmann diaries as evi- ago on April 23, 2000. He has born to Mr. and from across the country will be collecting non- dence used in the trial only further establishes Mrs. Howard Reed in Harrisburg, and has perishable food items from their customers the reality of the Holocaust and the dangers of lived there all of his life. He has three sisters and the food will then be taken to local food those who seek to deny it. and two brothers still living. Wayne and his pantries for distribution. In Milwaukee, the Today is an opportunity to recommit our- wife Jeanne, who sadly passed away last Hunger Task Force feeds approximately selves to stand against anti-Semitism, dis- year, raised three wonderful sons: Ray, a fire- 35,000 individuals each month through a net- crimination, and intolerance in all forms, at fighter in Dallas, Texas; Ron, a letter carrier work of more than 80 food pantries. home and abroad. We reflect upon the murder and ordained minister who resides in Harris- Sponsors of this worthwhile project are the of 6 million innocent Jewish men, women and burg; and Randy, a mortician and owner of National Association of Letter Carriers, in con- children, and the systematic destruction of Reed Funeral Chapel in Harrisburg. junction with the United States Postal Service, families and vibrant communities. We reestab- The Reed family has a long tradition of mili- the AFL±CIO, United Way of Greater Mil- lish our determination to confront the past, and tary service. Wayne is a United States Army waukee and Hunger Task Force of Milwaukee. our dedication to perpetuating the memory of veteran of World War Two. Two of his broth- I rise today, Mr. Speaker, to ask that my those who suffered. ers are also veterans of the United States colleagues lend their support to the letter car- Army and his son Ray is a Vietnam-era vet- riers' food drives in their hometowns and dis- f eran. His grandfather, Lewis Reed of Hardin tricts. To my fellow residents in Milwaukee and GREEN UP DAY County, Illinois was a Civil War veteran. Waukesha Counties, in order to meet the high Wayne was also a volunteer fire fighter with demand for food over the summer, I ask that the Harrisburg Fire Department for over thirty you consider buying a few extra canned goods HON. BERNARD SANDERS years. He is a carpenter by occupation. and nonperishable items while doing the OF VERMONT Mr. Speaker, I would like to encourage all of weekly grocery shopping. Let's make this IN THE HOUSE OF REPRESENTATIVES my colleagues here in the House of Rep- year's food drive better than ever. Our food pantries are counting on drives like Wednesday, May 3, 2000 resentatives to congratulate Wayne Reed on a happy eightieth birthday. I do not know Wayne this to help keep their shelves filled. Let's all Mr. SANDERS. Mr. Speaker, today I would personally, but I have met with his son Ray, try to do our part to stamp out hunger. like to salute the citizens of Vermont who are and from his biography I can tell that Wayne f celebrating the 30th anniversary of Green Up is a proud American and a good father to his RECOGNIZING GUS McLEOD Day. family. I hope he enjoys his birthday and I In the 1960s and 70s, Vermont was on the wish him God's Speed. cutting edge in environmental sensitivity. As HON. CONSTANCE A. MORELLA U.S. Senator George Aiken's remarks re- f OF MARYLAND vealed in the May 5, 1971 CONGRESSIONAL IN THE HOUSE OF REPRESENTATIVES RECORD: PERSONAL EXPLANATION Wednesday, May 3, 2000 ``Mr. President, several times recently, I Mrs. MORELLA. Mr. Speaker, I rise today to have advised the Senate of things going on in HON. SOLOMON P. ORTIZ honor a courageous explorer. On Monday, Vermont which have lent and can lend encour- April 17, Gus McLeod, a former CIA agent, OF TEXAS agement and inspiration to the other States. I successfully flew his 1939 Boeing Stearman now have to report another event which could IN THE HOUSE OF REPRESENTATIVES Biplane over the North Pole. Completing this have far-reaching results. Last Saturday, May Wednesday, May 3, 2000 journey, he became the first person to fly over 1, a successful demonstration occurred in my the North Pole in an open-cockpit aircraft. State. This demonstrationÐcalled Green Up Mr. ORTIZ. Mr. Speaker, due to inclement Mr. McLeod undertook this expedition for DayÐwas put on largely by our young people weather and the inability to arrive in Wash- the sake of adventure. He wanted to help peo- and extended into every community through- ington DC yesterday, I was unable to vote dur- ple truly appreciate the challenges that the out the length and breadth of Vermont. About ing the following rollcall votes. Had I been earliest pioneers of aviation faced. And what 75,000 people collected virtually every glass present, I would have voted as indicated challenges he faced! bottle, every metal can, every scrap of paper below. Leaving Montgomery County Air Park in my which had been cast onto the roadsides by Rollcall No. 131ÐYes; rollcall No. 132Ð district on April 5, Mr. McLeod flew his 60 year careless and unthinking people. The result Yes. old aircraft, which has most recently been was that by Saturday evening, Vermont was used as a crop duster, through freezing cold undoubtedly the cleanest State in the Nation.'' f temperatures as low as 34 degrees below Mr. Speaker, this May Day ritual continues zero and winds as harsh as 100 miles per to be an expression in the finest American tra- PERSONAL EXPLANATION hour. At 6-foot-1, and 285 pounds, he had dition. PeopleÐyoung, old and in betweenÐ very little mobility in the cockpit of his old businessmen, farmers, workers, students, fam- HON. PETER J. VISCLOSKY Army training plane. He wore a special electric ilies, all working together to clean up the state. suit to keep his body warm which left a burn Vermont's clean up, the Vermont way, con- OF INDIANA the size of a silver dollar on his stomach tinues to inspire others, and it should serve as IN THE HOUSE OF REPRESENTATIVES which he didn't even notice at the time. He a model for dealing with litter nationwide. faced ``white-outs'' as he flew through snowy Wednesday, May 3, 2000 Though all other states address litter with weather in Canada. At one point during the ``Adopt-A-Highway,'' and 21 states now des- Mr. VISCLOSKY. Mr. Speaker, I apologize journey, the extreme cold caused the plastic ignate a day for statewide cleaning, none for my absence from the House of Represent- engine gaskets to burst, causing his aircraft to matches Vermont's long-standing Green Up atives on May 2, 2000. I was unavoidably de- leak oil and forcing a delay in his journey. But Day community tradition. I salute the citizens tained in Indiana for my Primary election, and circling three times at the very top of the globe of Vermont for their commitment to the envi- unfortunately missed two recorded votes. Had made him forget the cold and left only the ronment, to our state and to the tradition. I been present, I would have voted ``Aye'' for feeling that all the hardships and challenges Happy 30th anniversary Green Up Vermont. both Rollcall votes 131 and 132. he endured were worthwhile.

VerDate 272000 07:22 May 04, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.028 pfrm04 PsN: E03PT1 E626 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2000 This latest feat of the human spirit harkens spent time after school assisting students with month in fires where upholstered furniture is to the accomplishments of the very earliest their Supervised Agricultural Experiences and the first item ignited. Most of these fires are heroes of flight. Charles Lindberg crossing the other various community activities that the caused by cigarette ignitions, while a signifi- Atlantic. Amelia Earhart crossing the Atlantic, FFA Chapter set out to do. cant portion is caused by open-flames such as the Pacific, and attempting to circumnavigate Because of Mr. Watson's hard work, he was matches, lighters, and candles. the globe at the equator. Richard Byrd and able to watch his students achieve their goals. Upholstered furniture is one of the most Floyd Bennett making the first flight over the Whether it was a State FFA Degree, Founda- flammable items in the American home. In just North Pole. And Gus McLeod repeating their tion Award or State FFA Office, he was an ad- four short minutes, a sofa fire can engulf an journey in an open-cockpit bi-plane. vocate and a motivator. More importantly, Mr. entire living room in flames, filling the entire f Watson was known for his famous phrase, home with thick, dark smoke and toxic gases. ``Keep your chin up,'' when things didn't go so Temperatures can exceed 1,400 degrees LUBBOCK AVALANCHE JOURNAL well. Fahrenheit in this short period of time, accord- CELEBRATES 100 YEARS IN PRINT Mr. Watson has contributed to the better- ing to the National Fire Protection Association. ment of the 20th District because he taught Since 1994, the National Association of HON. LARRY COMBEST high school agricultural education to the per- State Fire Marshals, the International Associa- OF TEXAS son who advises me today on agricultural tion of Fire Fighters, and many other fire safety and consumer groups have urged the IN THE HOUSE OF REPRESENTATIVES issues, Amy Matthews. I thank him for his 31 years of service and congratulate him for his CPSC to develop national standards to deter Wednesday, May 3, 2000 outstanding teaching career. residential furniture fires. To date, there has Mr. COMBEST. Mr. Speaker, today I recog- But I also want to remind him, that our area been no significant progress on the part of nize the Lubbock Avalanche-Journal news- won't let him slip away. Good teachers, good CPSC. In lieu of national standards, the uphol- paper in Lubbock, Texas in celebration of their people are always needed and always wel- stered furniture industry is being asked to ad- 100 year anniversary of publication on the come in our communities. While his official here on a voluntary basis to lax safety stand- South Plains. The A±J has served the people service may be ending, I know we can count ards for home furniture sold in all states ex- of the South Plains for an entire century, on him to continue to make a difference in the cept California. The result has been that ap- longer even than the official town of Lubbock lives of our children and therefore our collec- proximately 4,500 Americans have lost their itself, which was incorporated in 1909. tive futures. lives in residential furniture fires since 1994. Over the years, like its home, the paper has f What is even more disturbing is the simple grown tremendously. The A±J now boasts an fact that for a small 3±5% add-on cost to the impressive number of over 64,000 subscrip- INTRODUCTION OF THE FUR- manufacturers for flame-retardant measures tions in Lubbock and the surrounding area. NITURE FIRE SAFETY ACT OF (on average, the cost of three pizzas, $20± Without fail, the A±J has printed the latest 2000 $30) a sofa can be made safe and potentially news every day and has been instrumental in save lives. Even more telling is the fact that helping our town grow from a rural, rustic town HON. ROSA L. DeLAURO price studies have revealed that flame-resist- into the thriving city it is today. The A±J has OF CONNECTICUT ant sofas purchased at retail outlets in Cali- fornia were priced equal to, or in some cases also helped shape the history on the South IN THE HOUSE OF REPRESENTATIVES Plains by providing essential information to our less, than identical, non-flame-resistant prod- Wednesday, May 3, 2000 community. ucts purchased from that same furniture re- With the advent of the Internet and the Ms. DELAURO. Mr. Speaker, today I join tailer at a location outside of California. World Wide Web, the A±J online is now able with my colleagues, Representative ROB AN- This legislation would saves lives. The time to connect people from all over the world. Cur- DREWS and Representative CURT WELDON, to has come to take action. We can not allow rent, former and future Lubbockites are just a introduce legislation that is long overdue. The one more person to die unnecessarily from an mouse-click away from getting the latest infor- United States has one of the highest fire death upholstered furniture fire. I urge my colleagues mation on what's happening on the South rates in the industrialized world. In the vast to support this effort. Plains. majority of home fire deaths, the killer is up- f The A±J has helped build a bridge of com- holstered furniture, which is one of the most RETIREMENT OF McEACHERN munication on the South Plains and has made flammable items in the American home. Be- HIGH SCHOOL PRINCIPAL RALPH a century's worth of friendships. I extend my cause of the seriousness of this problem, and WILLIAMS gratitude to all involved in its successful pro- the devastation it has caused countless Amer- ductionÐfrom the publisher and editors to the ican families (including those of Fire Fighters HON. BOB BARR printing press operators and paper couriers. killed in the line of duty fighting home fires), we have introduced the Furniture Fire Safety OF GEORGIA Your hard work and dedication has made a IN THE HOUSE OF REPRESENTATIVES significant contribution to our community. Best Act of 2000. wishes for at least another century of contin- This legislation would amend the Consumer Wednesday, May 3, 2000 ued and devoted services. Product Safety Act to require the Consumer Mr. BARR of Georgia. Mr. Speaker, it is with f Product Safety Commission (CPSC) to imme- great admirationÐand some sadnessÐthat I diately establish a performance standard that honor Principal Ralph Williams, as he plans HONORING RICHARD A. WATSON, is equal to the successful California state for his announced retirement from the Cobb FROM THE 20TH DISTRICT OF IL- standardÐthe only one of its kind in the na- County School system and McEachern High LINOIS tion. California Technical Bulletin 117 (TB 117) School. Principal Ralph Williams came to is a mandatory standard for all residential up- Cobb County from Tennessee in 1972, to HON. JOHN SHIMKUS holstered furniture for sale in California that serve as administrative assistant for OF ILLINOIS has been in effect since 1975. It is both an Pebblebrook High School. He later served as IN THE HOUSE OF REPRESENTATIVES open flame test and a smoldering cigarette an administrator for Pebblebrook, Wheeler and test for the component materials that make up North Cobb, before accepting his current posi- Wednesday, May 3, 2000 the upholstered furniture. While the fire death tion as principal of McEachern High School in Mr. SHIMKUS. Mr. Speaker, as a former rates for furniture fires have dropped for both 1982. For the past 18 years he has served the high school teacher, today I commend a retir- California and the entire nation, death rates in students of McEachern with honor and integ- ing teacher from the 20th District of Illinois, California have dropped by a larger percent- rity; tirelessly devoting himself to the west Mr. Richard A. Watson. For 31 years, Mr. age than the nation as a whole. In 1994, for Cobb community and this outstanding school. Watson taught agricultural education and example, the theoretical number of California McEachern High School has an extensive served as the FFA advisor at Lincolnwood fire deaths due to upholstered furniture based history in the community. It was founded in High School in Raymond, IL. on actual national figures, would be 65.2. 1908 as an Agricultural and Mechanical Some teachers think that education is a 9 to However, the actual number of furniture fire School, with financial support and donated 5 job, but not Mr. Watson. Besides teaching in deaths in California in that year was 10. land from John Newton McEachern, co-found- the classroom, he spent countless hours Mr. Speaker, two people die each day as a er of the Life of Georgia Insurance Company. coaching judging teams, public speakers, and result of residential furniture fires. CPSC data In 1933, when A & M schools were aban- parliamentary procedure teams. Mr. Watson report that, on average, 55 people die per doned, the community opened the Macland

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.034 pfrm04 PsN: E03PT1 May 3, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E627 Consolidated School to continue to serve the make a difference where they live. We can picture of a missing child from the First Con- educational needs of the community. In 1938 learn a great deal from Brittany's exceptional gressional District appears on each of my of- the school was renamed John McEachern act of volunteerism. We should all reflect upon fice envelopes. The first set features five chil- Schools, providing educational opportunities to how we, as individuals, can work together in dren, one each from Gary and Hebron, and students from first through eleventh grade. our own communities to improve the lives of three from Hammond. In 1980, McEachern became a comprehen- others and establish a brighter tomorrow. The zeal that Donna brought to my office sive high school, and is widely recognized as f must be even more apparent to her class- one of the very top high schools in the entire room. Donna has taught mathematics in La- state of Georgia. Enrollment now approaches IN RECOGNITION OF MS. DONNA fayette School Corporation in Lafayette, Indi- 3,000 students. The presence of Principal Wil- OSBORN ana since 1972, and is currently a mathe- liams on campus of McEachern High School matics teacher at Jefferson High School. She will be greatly missed. His dedication and HON. PETER J. VISCLOSKY is a graduate from Anderson College, with a commitment to educating the young people of OF INDIANA degree in mathematics. Her master's degree his community has made a lasting impression IN THE HOUSE OF REPRESENTATIVES is from Purdue University. She was a Christa on two decades of Cobb citizens. We will miss Wednesday, May 3, 2000 McAuliffe fellow in 1998 and a Tandy scholar him greatly and wish him the best as he in 1997. She won the Presidential Award for moves into this new phase of his life. Mr. VISCLOSKY. Mr. Speaker, I rise today Excellence in Teaching of Mathematics in f to recognize Ms. Donna Osborn, who has 1996. She taught school in Billericay, England worked in my office as an Albert Einstein fel- on a Fulbright scholarship in 1979±1980; at CONGRATULATING BRITTANY low since July 1999. The Albert Einstein Dis- the International School of Paris in Paris, HEATH OF THE 19TH DISTRICT tinguished Educator Fellowship Program offers France in 1991±1992; and at the Hong Kong OF TEXAS elementary and secondary teachers with dem- International School in the summer of 1997. onstrated excellence in teaching an oppor- She served as the President of the Lafay- HON. LARRY COMBEST tunity to serve in the national public policy ette Education Association Board of the Indi- OF TEXAS arena. ana Council for the Teaching of Mathematics IN THE HOUSE OF REPRESENTATIVES Since Donna's arrival in my office, she has in 1996±1997, and on the Mathematics De- handled all education issuesÐelementary, Wednesday, May 3, 2000 partment Advisory Council (Purdue, West La- secondary, and higher educationÐas well as fayette). Donna has received the Golden Mr. COMBEST. Mr. Speaker, today, I con- children's issues. She researches legislation, Apple award from the Lafayette Chamber of gratulate a young lady from the 19th District of updates me on changing information, and an- Commerce, and was recognized as a Distin- Texas who has earned national recognition for swers constituent mail on these topics. Donna guished Alumnus by the Purdue University- her outstanding volunteer service. Miss Brit- has also been invaluable in other areas of my School of Science. tany Heath, a 13-year-old student from Lub- office. I can guarantee you that she now Donna has been a wonderful addition to my bock, has been named one of Texas' top two knows more about steel manufacturing and office, and I want to express my appreciation youth volunteers for the year 2000 in The Pru- bulletproof vests than she ever imagined she and gratitude for all of her hard work. She has dential Spirit of Community Awards program, a would. She is the first person to volunteer for touched the lives of countless young people national initiative honoring young people for any task, and greets every visitor with a warm throughout Indiana, the United States, and the exemplary acts of service. welcome. Her enthusiasm is contagious. world. Donna's passion for education and chil- Brittany, an eighth grade student at Evans Donna has not been a passive member of dren, along with her indescribable enthusiasm, Junior High School, initiated a chapter of my staff, rather she has taken initiative and will surely be missed in my office. ``Suitcase for Kids'' which collects, cleans, and vigorously pursued projects that she believed f distributes used suitcases to children in foster would be valuable to my constituents. First, care. During her program's first year, more she organized and planned a grants workshop TRIBUTE TO GIRL SCOUT GOLD than 400 suitcases were given to children for all of the schools in Indiana's First Con- AWARD RECIPIENTS—2000 within the community. The Lubbock Children's gressional District. Several Einstein Fellows Protective Services program and the Commu- and other individuals from Washington and In- HON. BERNARD SANDERS nity Partnership Program Sponsored Brittany diana provided educators with information on OF VERMONT by providing a storage facility for donations. obtaining grants and other educational oppor- IN THE HOUSE OF REPRESENTATIVES Brittany set up a voice mailbox for donor calls, tunities for students. She also reached out to designed business cards, composed a bro- our community, working with local businesses Wednesday, May 3, 2000 chure, and contacted the local newspaper. and organizations to include them in the Mr. SANDERS. Mr. Speaker, today I would During the first two days of operation, more event, and securing their place as stake- like to salute six outstanding young women than 100 messages were received from indi- holders in the education of our children. This who are being presented with the Girl Scout viduals offering donations and assistance. workshop was a very successful event, and Gold Award by the Vermont Girl Scout Coun- Community support has been overwhelming, would not have been possible without Donna's cil. They are: and Brittany plans to expand ``Suitcases for initiative and hard work. Kellie Miner, 619 Basin Harbor Road, Kids'' to other counties around Luddock. She Donna was also integral to the implementa- Vergennes, VT 05491, Cassie Charlebois, PO says as long as children are in foster care, tion of the Missing Child Alert Plan in Indiana's Box 323, Vergennes, VT 05491, Catherine there will be a need for this program. First Congressional District. The Missing Child McEnerney, 39 Boothwoods, Vergennes, VT The Prudential Spirit of Community Awards Alert Plan gives detailed information about a 05491, Linnea Oosterman, 1074 Slatterly was created by The Prudential Insurance missing child and the suspected abductor uti- Road, Vergennes, VT 05491, Stephanie Leon- Company of America in partnership with the lizing a joint police-media effort to alert the ard, 201 Sunset Drive, Morrisville, VT 05661, National Association of Secondary School public when a child has been abducted. Rebecca Robare, 6 Giorgetti Blvd., Rutland, Principals in 1995 to encourage youth volun- Donna worked closely with my staff and local VT 05701. teers and emphasize the importance and police departments and media outlets, to get They are being honored on May 16, 2000 value of their contributions. Brittany was nomi- this program off to a successful start. The for earning the highest achievement in U.S. nated by Evans Junior High School and se- Missing Child Alert Plan has been successful Girl Scouting. lected from more than 20,000 high school and in recovering missing children in other areas The Girl Scout Gold Award symbolizes out- middle school students. She has received of the country. Thanks to Donna's hard work, standing accomplishments in the areas of $1,000, an engraved silver medallion, and an Northwest Indiana is one of only 11 areas of leadership, community service, career plan- all-expense paid trip to Washington, D.C. This the country with such a program. Activating ning and personal development. The award program is the nation's largest youth recogni- the alert often receives considerable press at- can be earned by girls aged 14±17, or in tion effort based solely on community service. tention, which increases the reach of the grades 9±12. To receive the award, these Girl At a time when our nation has seen a lack emergency announcementÐenlisting hun- Scouts first earned four interest project patch- of community involvement from our youth and dreds of thousands of people in their search es, the Career Exploration Pin, the Senior Girl violence in our schools, it is good to be re- parties. Leads usually pour into police depart- Scout Leadership Award and the Senior Girl minded that many young people are actively ments within hours. In addition to the Missing Scout Challenge as well as designing and im- contributing to our society and working to Child Alert Program, Donna saw to it that a plementing a Girl Scout Gold Award project to

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.038 pfrm04 PsN: E03PT1 E628 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2000 meet what they saw as a need in their com- activities for the children. Stephanie enjoyed cent have broadened the eligibility in their ex- munity. A synopsis of Gold Award projects is working with the children and found the col- isting plans. This legislation is about expand- provided here. laboration with the existing after school pro- ing the winner's circle for employees. If the Kellie Miner, Vergennes, VT is a musician gram goals to blend well with her own vision Labor Department's initial view on this issue with a gift for teaching youth. Kellie developed of a fun experience for youth. were allowed to stand, it would have resulted an after school music program teaching guitar Rebecca Robare of Rutland, VT is a mul- in the exclusion of hourly workers participating and keyboards at her local elementary school tiply talented young woman. As a past mem- in the financial success of the businesses they with another Senior Girl Scout from her com- ber of our Board of Directors, Becky was per- have had in shaping. munity. Kellie knows that musical education sonally involved in policy decisions at the There are secretaries and other hourly wage enhances children's ability to focus, to practice Council. Becky chose her Gold Award Project workers in my Congressional District who numerical and language skills and to feel a to respond to what she felt was a lack of cre- have become millionaires because of the suc- sense of success. Kellie served children from ative statewide offerings for older girls through cess of their stock option plans. This wouldn't Kindergarten through sixth grade. Though the the Vermont Girl Scout Council. This project have happened if their option plan had been age range was a bit broad, she enjoyed teach- was her attempt to create change on a pro- calculated into their overtime pay table. This ing something she loves. She believes that grammatic level. Becky chose to host an event has happened because companies with vision her Girl Scout Gold Award Project will influ- at the Fletcher Farm School for Arts and created business plans that included a model ence her to decide about a future as a high Crafts. She coordinated use of space for ac- where every employee benefits when the com- school choral director. tivities, meals, lodging and entertainment and pany succeeds. Cassie Charlebois, Vergennes, VT was the collected her own registrations. Becky learned We should exercise the same vision and song leader for the after school music pro- a great deal about her organizational abilities pass this legislation. gram she developed with another Senior Girl and how to effectively communicate with nu- Mr. Speaker, I urge a ``yes'' vote on this leg- Scout from her community. Cassie collabo- merous players in hosting of this event. The islation. rated on the project with the hope of engaging success of the event was evident from the f children in the fun and sense of group co- evaluations of girls in attendance. operation that singing provides. Cassie taught f IN TRIBUTE TO DAVID MERRICK music to younger children who had varying reading abilities through repetition and rein- IN SUPPORT OF WORKER HON. JERROLD NADLER ECONOMIC OPPORTUNITY ACT forcement with the words written out on a flip OF NEW YORK chart. She organized a closing concert and in- IN THE HOUSE OF REPRESENTATIVES vited the community. Cassie feels her own HON. ANNA G. ESHOO Wednesday, May 3, 2000 personal growth was in discovering her suc- OF CALIFORNIA cess as a teacher and overcoming shyness. IN THE HOUSE OF REPRESENTATIVES Mr. NADLER. Mr. Speaker, I rise today in She knows that her project has reminded chil- memory of David Merrick, a legendary Broad- Wednesday, May 3, 2000 dren of the importance of music in their lives. way producer who passed away last Tuesday Katie McEnerney of Vergennes, VT is an Ms. ESHOO. Mr. Speaker, I rise in support at the age of 88. The Broadway theater com- artist. Her Gold Award Project was to collabo- of Senate Bill 2323, the Worker Economic Op- munity, which I represent, owes a great debt rate with a fellow Senior Girl Scout to restore portunity Act. I am a proud cosponsor of this to the talents of David Merrick. Merrick was a playground structure at a local preschool. legislation that amends the Fair Labor Stand- responsible for bringing to audiences such Katie first had to communicate with the ards Act and allows hourly employees to take great works as Gypsy, Hello Dolly, 42nd school's administration to explain how the advantage of stock option plans offered by Street, and Oliver!, as well as dozens of other playground area could be improved. She se- their companies. productions. His living legacy is proven every lected a colorful rainbow theme, created the Mr. Speaker, one of the reasons we call the time one of his masterpieces returns to the plans, and sketched the designs over the en- New Economy the New Economy is because ``Great White Way.'' tire wooden structure inside and out. Katie of the new opportunities and new wealth cre- Born to a poor family in St. Louis, Merrick was also concerned about the structure's sta- ated by the groundkeeping technology indus- grew up to become a major force in the bility and the over all safety of the playground. tries. And in these technology industries, new Broadway theater. Producing a half-dozen or Her involvement in this Gold Award Project opportunities for sharing in the wealth and more plays and musicals in a typical season, has been one that required careful planning, success of companies are available to every- it was estimated that at times he employed up negotiating skills and a sense of timing so that one. to 20 percent of Broadway's workforce, while the project would not inhibit the school sched- In old business models, many junior em- his shows amassed countless Tony Awards ule. Katie hopes to continue her skills through ployees were paid an hourly wage and if they for excellence in the theater. a career in the arts. gained some sonority they might be offered Feared as well as respected by those in the Linnea Oosterman of Vergennes, VT is in- some type of stock purchase plan. In the new industry, he had a flair for showmanship and terested in art. Linnea chose to collaborate model used by technology companies, every publicity that set him apart, stopping at nothing with a fellow Senior Girl Scout to restore a employee gets to share in the wealth of it. to gain recognition for his plays. playground structure at a local preschool. When employees join the company, they have David Merrick could be ruthless, tyrannical, Linnea contributed to the project by securing an opportunity to own a piece of the company. even downright nasty, and he reveled in his the necessary materials, painting the design When the company goes public, they can ex- reputation as ``the abominable showman,'' but created by her partner and helping to restore ercise their options and share in the com- he loved the Broadway theater and he spent the safety of the playground by sanding and pany's success. his life bringing to the stage works that moved treating the wood before painting. She com- In my DistrictÐwhich includes Silicon Val- us and entertained us. pleted the project by building a sandbox leyÐnew companies are born every day. One Today, the lights on Broadway shine a little around the base. Linnea was primarily con- reason people are attracted to this area and less brightly with the passing of this great cerned that the children have a fun, safe and are willing to work at an hourly wage is be- showman. colorful place to play. Linnea chose this cause they can share in the dream of achiev- f project as a worthwhile activity that she hopes ing the success and wealth created by these will improve the playspace and make her a companies. LETTER CARRIERS PARTICIPATE better artist. The Department of Labor took a short- IN FOOD DRIVE FOR NATION’S Stephanie Leonard of Marrisville, VT is a sighted approach when it issued its opinion NEEDY musician who plays several instruments. In last year stating that stock option plans are her community it is sometimes challenging for not exempt from the regular rate of pay provi- HON. LARRY COMBEST families to find adequate after school child sions. I'm pleased that the Labor Department OF TEXAS care that is fun, accessible and safe. Steph- now supports this bill which amends the cur- IN THE HOUSE OF REPRESENTATIVES anie developed an after school arts program rent law, thereby voiding its earlier opinion. for the Bishop Marshall Catholic School as Mr. Speaker, the Federal Reserve estimates Wednesday, May 3, 2000 part of their ongoing after school offerings. that in the last two years approximately 17 Mr. COMBEST. Mr. Speaker, today I com- Stephanie incorporated both her musical tal- percent of U.S. firms have introduced stock mend the National Association of Letter Car- ents and her interest in arts and crafts in the option programs. Additionally, another 37 per- riers for their outstanding efforts to help those

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.041 pfrm04 PsN: E03PT1 May 3, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E629 who are hungry in communities across the na- Founded in 1850 by the leading attorneys of GARY EVERHARDT: PUBLIC tion. On May 13, 2000, local branches of the Luzerne County, Pennsylvania, the Associa- SERVANT Letter Carriers, along with the United Way and tion was first known as the Wilkes-Barre Law the United States Postal Service, will kick off Association. As the bar association for all of HON. CHARLES H. TAYLOR their annual food drive to collect non-perish- Luzerne County, the association soon adopted OF NORTH CAROLINA able food and other essential items for families the longer name of Wilkes-Barre Law and Li- IN THE HOUSE OF REPRESENTATIVES in need. brary Association, which is how it is still known Wednesday, May 3, 2000 Residents of Amarillo, Canyon, Hereford, Dumas and Tulia, Texas will be asked to today. Mr. TAYLOR of North Carolina. Mr. Speak- place non-perishable food items, paper prod- Its original function was a law library for its er, it is my honor to rise and commend a great public servant of Western North Carolina and ucts or hygiene items by their mailboxes. The membership. Because of the expense of older the National Park Service, Gary Everhardt, letter carriers will pick these items up on May law books dating back to the Civil War era, it 13th and deliver them to the High Plains Food Superintendent of the Blue Ridge Parkway. was an attempt to create a central law library Gary has been devoted to making our Na- Bank. The donations received through this as a less costly way for lawyers of the day to food drive will help fill the need for food dis- tional Parks cleaner, safer and more enjoyable have an important resource in their practices. for future generations. Today marks the begin- tribution throughout the summer months. The original library contained around 2000 vol- ning of Gary's well-earned retirement. This food drive is a worthwhile and impor- Gary is a native of Western North Carolina tant project, and has been extremely helpful to umes. Throughout the years, the library has and is a product of the Lenoir North Carolina a large number of families over the years. In expanded and by 1968 contained over 21,000 volumes of law books including English law. School System. He graduated in 1957 with a fact, 83,000 pounds of food were collected last degree in Civil Engineering from North Caro- Some of of the oldest volumes date back to year from postal routes across the Panhandle lina State University and immediately began and sent to the High Plains Food Bank, cur- the early 1700's and the library is one of the work for the Park Service as a civil engineer rently serving over 5,200 families each month. finest in the nation to this day. for the Blue Ridge Parkway. He has served in The goal this year is to raise over 90,000 The membership of the Association cur- engineering positions at the Park Service's pounds of food. I am confident that our com- rently includes 649 members and has had a Southeast and Southwest offices. Gary was munity will rise to meet this challenge. total of over 1,600 members in good standing also named the Superintendent of Grand The Amarillo branch of the National Asso- Teton National Park in January 1972. While ciation of Letter Carriers is deserving of our in its 150-year history. Its first president was the Honorable Hendrick B. Wright, a member there he helped orchestrate and conduct the full support and I praise them for their work in Second World Conference on National Parks. of the Pennsylvania Legislature, and Andrew the fight against hunger. Together, with such For his effort and hard work, Gary was award- individual acts of generosity, we can help stop McClintock and George B. Nicholson served ed the Department of the Interiors Meritorious the growing problem of hunger on the High as the first treasurer and secretary, respec- Service Award. Plains. tively. President Gerald Ford recognized f Many of the original names on the member- Everhardt's dedication, professionalism, and hard work as he named Gary the ninth direc- PERSONAL EXPLANATION ship list are quite familiar to those of us in the tor of the National Park Service on January Wyoming ValleyÐWelles, Dennison, Bidlack, ´ 13, 1975. It was under Gary's leadership that HON. NYDIA M. VELAZQUEZ Conyngham, WrightÐas even to this day the Park Service saw a period of unbridled OF NEW YORK many of our streets and communities bear growth and success. The Park took great IN THE HOUSE OF REPRESENTATIVES these distinguished names. Many served in steps in the areas of visitor services and safe- Wednesday, May 3, 2000 the Pennsylvania Legislature and were icons ty. Gary, with President Ford's approval, pro- Â of the era. At least 14 members of the Asso- posed doubling the park size with the pur- Ms. VELAZQUEZ. Mr. Speaker, I was un- ciation were elected to the U.S. Congress, my- chase of nearly 32 million acres of land in avoidably detained today, May 3, 2000. self included. The Association also boasts Alaska. If I had been present for rollcall No. 133, I three governors among its ranks: Henry Hoyt, Gary returned home to the Blue Ridge Park- would have voted ``yes.'' way in 1977 to assume leadership as the fifth Arthur James, and John S. Fine. If I had been present for rollcall No. 134, I Superintendent of the Parkway and since that would have voted ``yes.'' Mr. Speaker, the list of appellate and state time Gary has worked diligently to improve re- If I had been present for rollcall No. 135, I supreme court justices from this bar associa- lations with neighbors of the Parkway and would have voted ``yes.'' tion's membership list is too long to name all government agency officials. Gary took a con- If I had been present for rollcall No. 136, I of them here, but that list includes some of the struction program that was near death and re- would have voted ``yes.'' most distinguished jurists in the Common- vived it. The final section of the Parkway If I had been present for rollcall No. 137, I wealth's history. One of its most famous was motor road at Grandfather Mountain was com- would have voted ``yes.'' pleted in 1987. During Everhardt's tenure, the Chief Justice Gibson, whose case precedents If I had been present for rollcall No. 138, I number of visitors to the park has risen to would have voted ``yes.'' were considered the most widely read in his over 25 million. If I had been present for rollcall No. 139, I era and were cited regularly by courts as far I would like to add my tribute to Gary to the would have voted ``yes.'' away as Westminster, England. long list of honors that he has received in the If I had been present for rollcall No. 140, I Currently in senior status, Third Circuit past. In 1985 Everhardt received the Depart- would have voted ``yes.'' Court of Appeals Judge Max Rosenn is a ment of the Interior's highest honor, the Distin- If I had been present for rollcall No. 141, I highly respected member of the Wilkes-Barre guished Service Award. In 1990 he received would have voted ``yes.'' the Cornelius Amory Pugsley Medal from the Law and Library Association. With my strong f National Park Foundation for stellar contribu- support, the Congress recently renamed the tions to the advancement of parks and recre- WILKES-BARRE LAW AND LIBRARY Wilkes-Barre Federal Courthouse in his honor. ation. In September 1998 Gary received the ASSOCIATION 150TH ANNIVERSARY Mr. Speaker, the Wilkes-Barre Law and Li- Walter T. Cox award at the George B. Hertzog brary Association is the oldest and most distin- Lecture at Clemson University, this Award rec- HON. PAUL E. KANJORSKI guished legal institution in Northeastern Penn- ognized Gary's sustained public achievement OF PENNSYLVANIA sylvania. It is the center of the legal commu- in wise management of natural and cultural re- IN THE HOUSE OF REPRESENTATIVES nity in Luzerne County and its library is a sources. Everhardt has a long list of involvement in great resource to its membership. I am ex- Wednesday, May 3, 2000 other agencies and groups including his roles Mr. KANJORSKI. Mr. Speaker, I rise today tremely proud to be a member and to have as Past President of the Asheville Federal Ex- to pay tribute to an organization of which I am this opportunity to bring its history to the atten- ecutive Association, a member of the Board of proud to be a member, the Wilkes-Barre Law tion of my colleagues in the House of Rep- Directors of the Appalachian Consortium, and and Library Association. I am pleased and resentatives. I send my sincere best wishes as a member of the North Carolina National honored to have been asked to participate in on this milestone anniversary and for the fu- Parks, Parkway & Forestry Development the 150th anniversary of its founding. ture of the legal profession in Luzerne County. Council.

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.044 pfrm04 PsN: E03PT1 E630 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2000 I am sure that Gary will enjoy this well de- Association Committee on Accreditation; mem- sional District of Colorado is home to over served retirement from the National Park Serv- ber of Accreditation for Corrections; and mem- 1,200 spectacular butterflies from 50 different ice. But I believe that it will leave him more ber of the American Correctional Association's species, over 100 different species of tropical time for the jobs that he enjoys most; being a Committee on Correctional Standards. and sub-tropical plants, and a variety of exotic husband, father of two, and a grandfather of In his four terms as Lafayette Parish Sheriff, arthropods that are normally found only in far- three. I know that my colleagues will join me Sheriff Breaux spearheaded construction and away lands. This may seem impossible given in saluting this fine public servant and commu- operation of the Lafayette Parish Sheriff's our dry climate at the foot of the Rocky Moun- nity leader and thanking him for nearly 45 Training Academy, the opening of the Lafay- tains, but thanks to the Butterfly Pavilion & In- years of service to the National Park Service. ette Parish Correctional Center, the comput- sect Center located in Westminster, Colo- f erization of the Sheriff's Department and con- radans have the opportunity to see these fas- solidation of many city-parish services for La- cinating creatures and plants first hand. RECOGNIZING THE OUTSTANDING fayette Parish residents. He has placed an ACHIEVEMENTS OF LAFAYETTE emphasis on combating drugs in Lafayette The Butterfly Pavilion & Insect Center is an PARISH SHERIFF DONALD J. Parish through the development of a com- educational facility for study of insects and BREAUX prehensive community drug education pro- other invertebrates. The facility exists to foster gram. This program, combined with a strong an appreciation of butterflies and other inverte- HON. CHRISTOPHER JOHN enforcement initiative, equates to roughly 100 brates while reminding the public about the drug arrests each month by Metro Narcotics. need for conservation of threatened habitats in OF LOUISIANA Sheriff Breaux was also instrumental in bring- the tropics and around the world. IN THE HOUSE OF REPRESENTATIVES ing the Drug Awareness Resistance Education The Butterfly Pavilion & Insect Center is the Wednesday, May 3, 2000 Program (D.A.R.E.) to school children in La- only stand-alone nonprofit insect zoo in the Mr. JOHN. Mr. Speaker, I rise today to rec- fayette Parish. Since, DARE has provided nation. Visitors to the facility find themselves ognize the outstanding law enforcement ca- over 6,000 Lafayette Parish school children surrounded by free-flying butterflies while reer of Lafayette Parish Sheriff Donald J. with the knowledge they need to resist and re- walking through the lush, tropical conserv- Breaux. Sheriff Breaux's over 30 years of dis- port drugs in their communities. atory. A chrysalis viewing area allows visitors tinguished service in Louisiana law enforce- Sheriff Breaux has made a lasting impact, to watch the amazing process of metamor- ment are coming to a close on July 1, 2000, not only in Lafayette Parish but in Louisiana phosis as adult butterflies emerge from their as a whole. He will long be remembered as a and I would like to take this opportunity to gemlike chrysalides. In the insect center, visi- leader who constantly strove to meet the honor his accomplished service. tors can watch, touch or take a closer look at changing and expanding needs of his diverse Sheriff Breaux began his career in law en- some of the world's most fascinating insects community. His record of public service exem- forcement in 1958 at the age of twenty-one and their relatives. They can discover what it plifies the heights to which he has brought the with the Lafayette Police Department. In 1964, feels like to hold a rose-haired tarantula from Lafayette Parish Sheriff's Department, and is he left local law enforcement to join the Lou- Chile, a Madagascar Hissing Cockroach or a one that will be honored for years to come. isiana State Police where he remained until Congratulations Sheriff Breaux on your re- giant mealworm. his retirement in 1980. Shortly thereafter, he tirement. The Butterfly Pavilion & Insect Center is a was appointed Lafayette City Marshall where publicly supported scientific and educational he served until 1984 when he was elected f facility and operates in collaboration with sci- Sheriff of Lafayette Parish. Today, fifteen THE BUTTERFLY PAVILION & IN- entific advisors from zoos, universities and years later, he is retiring from the law enforce- SECT CENTER OF WESTMINSTER, museums both locally and nationally. The fa- ment arena after what he calls a ``blessed'' life COLORADO: BRINGING WONDERS cility is located at 6252 West 104th Avenue in and career. OF THE INSECT WORLD TO THE Westminster, Colorado. It can also be found His years of distinguished service also in- ROCKIES on the World Wide Web at cludes leadership in numerous law enforce- www.butterflies.org. I encourage everyone to ment organizations. He has served as: past HON. MARK UDALL president of the Louisiana State Troopers As- visit and learn more. OF COLORADO sociation; past president of the Louisiana I would like to commend this organization IN THE HOUSE OF REPRESENTATIVES Sheriff's Association; Chairman of the National for their steadfast commitment in educating Sheriff's Drug Enforcement Committee; Direc- Wednesday, May 3, 2000 the public about these living treasures. I thank tor of the Louisiana Sheriff's Association Strike Mr. UDALL of Colorado. Mr. Speaker, I think them for bringing this source of amazement Force; member of the American Correctional few people know that the Second Congres- and beauty to our great state.

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.047 pfrm04 PsN: E03PT1 May 3, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E631 SENATE COMMITTEE MEETINGS Commerce, Science, and Transportation America to the Republic of Vanuatu; To hold hearings to examine retrans- and the nomination of Michael J. Title IV of Senate Resolution 4, mission consent issues. Senko, of the District of Columbia, a agreed to by the Senate on February 4, SR–253 Career Member of the Senior Foreign 1977, calls for establishment of a sys- Armed Services Service, Class of Counselor, to be Am- tem for a computerized schedule of all Closed business meeting to markup pro- bassador Extraordinary and Pleni- meetings and hearings of Senate composed legislation authorizing appro- potentiary of the United States of mittees, subcommittees, joint commit- priations for fiscal year 2001 for mili- America to the Republic of the Mar- shall Islands, and to serve concurrently tees, and committees of conference. tary activities of the Department of Defense. and without additional compensation This title requires all such committees SR–222 as Ambassador Extraordinary and to notify the Office of the Senate Daily Governmental Affairs Plenipotentiary of the United States of Digest—designated by the Rules com- To hold hearings on the nomination of America to the Republic of Kiribati. mittee—of the time, place, and purpose Anna Blackburne-Rigsby, of the Dis- SD–419 of the meetings, when scheduled, and trict of Columbia, to be an Associate 2 p.m. any cancellations or changes in the Judge of the Superior Court of the Dis- Environment and Public Works To hold hearings on the Administration’s meetings as they occur. trict of Columbia; the nomination of Thomas J. Motley, of the District of legislative proposal on the Comprehen- As an additional procedure along Columbia, to be an Associate Judge of sive Everglades Restoration Plan. with the computerization of this infor- the Superior Court of the District of SD–406 mation, the Office of the Senate Daily Columbia; and the nomination of John 2:30 p.m. Digest will prepare this information for McAdam Mott, of the District of Co- Energy and Natural Resources printing in the Extensions of Remarks lumbia, to be an Associate Judge of the National Parks, Historic Preservation, and Recreation Subcommittee section of the CONGRESSIONAL RECORD Superior Court of the District of Co- lumbia. To hold hearings on S. 1367, to amend the on Monday and Wednesday of each Act which established the Saint- week. SD–342 10:30 a.m. Gaudens Historic Site, in the State of Meetings scheduled for Thursday, Foreign Relations New Hampshire, by modifying the May 4, 2000 may be found in the Daily International Operations Subcommittee boundary and for other purposes; S. Digest of today’s RECORD. To hold hearings to examine the United 1617, to promote preservation and pub- Nations state of efficacy and reform. lic awareness of the history of the Un- derground Railroad by providing finan- MEETINGS SCHEDULED SD–419 2 p.m. cial assistance, to the Freedom Center Foreign Relations in Cincinnati, Ohio; S. 1670, to revise MAY 9 To hold hearings on pending nomina- the boundary of Fort Matanzas Na- 9:30 a.m. tions. tional Monument; S. 2020, to adjust the boundary of the Natchez Trace Park- Armed Services SD–419 way, Mississippi; S. 2478, to require the Closed business meeting to markup pro- 2:30 p.m. Secretary of the Interior to conduct a posed legislation authorizing appro- Energy and Natural Resources theme study on the peopling of Amer- priations for fiscal year 2001 for mili- Forests and Public Land Management Sub- ica; and S. 2485, to direct the Secretary tary activities of the Department of committee of the Interior to provide assistance in Defense. To hold oversight hearings on the United planning and constructing a regional SR–222 States Forest Service’s proposed revi- heritage center in Calais, Maine. Governmental Affairs sions to the regulations governing Na- SD–366 Oversight of Government Management, Re- tional Forest Planning. structuring and the District of Colum- SD–366 MAY 12 bia Subcommittee To hold hearings to examine the per- MAY 11 10 a.m. Governmental Affairs formance management in the District 9:30 a.m. To hold hearings on the nomination of of Columbia. Commerce, Science, and Transportation Amy L. Comstock, of Maryland, to be SD–342 To hold hearings to examine pipeline Director of the Office of Government 10 a.m. safety. Ethics. United States Senate Caucus on Inter- SR–253 SD–342 national Narcotics Control 10 a.m. To hold hearings on the domestic con- Foreign Relations MAY 16 sequences of heroin use. To hold hearings on the nomination of SD–628 John R. Dinger, of Florida, a Career 9:30 a.m. Judiciary Member of the Senior Foreign Service, Armed Services Criminal Justice Oversight Subcommittee Class of Counselor, to be Ambassador To hold hearings on the nomination of To hold hearings to examine Caribbean Extraordinary and Plenipotentiary of The following named officer for ap- drug trafficking. the United States of America to Mon- pointment as Chief of Naval Oper- SD–226 golia; the nomination of Edward Wil- ations, United States Navy, and ap- 2 p.m. liam Gnehm, Jr., of Georgia, a Career pointment to the grade indicated while Judiciary Member of the Senior Foreign Service, assigned to a position of importance To hold hearings on pending nomina- Class of Career Minister, to be Ambas- and responsibility under title 10, tions. sador Extraordinary and Pleni- U.S.C., sections 601 and 5033: Adm. SD–226 potentiary of the United States of Vernon E. Clark, to be Admiral. 2:30 p.m. America to Australia; the nomination SR–222 Energy and Natural Resources of Douglas Alan Hartwick, of Wash- 3 p.m. To hold hearings on S. 1756, to enhance ington, a Career Member of the Senior Energy and Natural Resources the ability of the National Labora- Foreign Service, Class of Counselor, to Forests and Public Land Management Sub- tories to meet Department of Energy be Ambassador Extraordinary and committee missions and for other purposes; and S. Plenipotentiary of the United States of To hold oversight hearings on the United 2336, to authorize funding for net- America to the Lao People’s Demo- States Forest Service’s proposed trans- working and information technology cratic Republic; the nomination of portation policy. research and development at the De- Susan S. Jacobs, of Virginia, a Career SD–366 partment of Energy for fiscal years 2001 Member of the Senior Foreign Service, through 2005. Class of Counselor, to be Ambassador MAY 17 SD–366 Extraordinary and Plenipotentiary of 9:30 a.m. the United States of America to Papua Indian Affairs MAY 10 New Guinea, and to serve concurrently To hold oversight hearings on Indian arts 9:30 a.m. and without additional compensation and crafts programs. Indian Affairs as Ambassador Extraordinary and SR–485 To hold hearings on proposed legislation Plenipotentiary of the United States of Indian Affairs authorizing funds for programs of the America to Soloman Islands, and as To hold hearings on S. 1148, to provide Indian Health Care Improvement Act. Ambassador Extraordinary and Pleni- for the Yankton Sioux Tribe and the SR–485 potentiary of the United States of Santee Sioux Tribe of Nebraska certain

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.049 pfrm04 PsN: E03PT1 E632 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2000 benefits of the Missouri River Basin Secretary of the Interior to enter into JUNE 28 Pick-Sloan project; and S. 1658, to au- contracts with the Weber Basin Water 9:30 a.m. thorize the construction of a Reconcili- Conservancy District, Utah, to use Indian Affairs ation Place in Fort Pierre, South Da- Weber Basin Project facilities for the To hold hearings on S. 2283, to amend the kota. impounding , storage, and carriage of Transportation Equity Act for the 21st SR–485 nonproject water for domestic, munic- Century to make certain amendments 2:30 p.m. ipal, industrial, and other beneficial Energy and Natural Resources with respect to Indian tribes. purposes; S. 2248, to assist in the devel- SR–485 Water and Power Subcommittee opment and implementation of projects To hold oversight hearings on the oper- to provide for the control of drainage JULY 12 ation, by the Bureau of Indian Affairs, water, storm water, flood water, and of the Flathead Irrigation Project in other water as part of water-related in- 9:30 a.m. Montana. tegrated resource management, envi- Indian Affairs SD–366 ronmental infrastructure, and resource To hold oversight hearings on risk man- protection and development projects in agement and tort liability relating to MAY 23 the Colusa Basin Watershed, Cali- Indian matters. 2:30 p.m. fornia; S. 2410, to increase the author- SR–485 Energy and Natural Resources ization of appropriations for the Rec- Water and Power Subcommittee lamation Safety of Dams Act of 1978; JULY 19 To hold hearings on S. 740, to amend the and S. 2425, to authorize the Bureau of 9:30 a.m. Federal Power Act to improve the hy- Reclamation to participate in the plan- droelectric licensing process by grant- Indian Affairs ning, design, and construction of the To hold oversight hearings on activities ing the Federal Energy Regulatory Bend Feed Canal Pipeline Project, Or- Commission statutory authority to of the National Indian Gaming Com- egon. mission. better coordinate participation by SD–366 other agencies and entities. SR–485 SD–366 JUNE 7 JULY 26 9:30 a.m. MAY 24 9:30 a.m. Indian Affairs 9:30 a.m. Indian Affairs To hold hearings on S. 2282, to encourage Indian Affairs To hold hearings on authorizing funds for the efficient use of existing resources To hold hearings on S. 611, to provide for programs of the Indian Health Care Im- administrative procedures to extend and assets related to Indian agricultural research, development and ex- provement Act. Federal recognition to certain Indian SR–485 groups. ports within the United States Depart- ment of Agriculture. SR–485 SEPTEMBER 26 2:30 p.m. SR–485 Indian Affairs 9:30 a.m. To hold hearings on S. 2163, to provide JUNE 21 Veterans’ Affairs for a study of the engineering feasi- 9:30 a.m. To hold joint hearings with the House bility of a water exchange in lieu of Indian Affairs Committee on Veterans’ Affairs on the electrification of the Chandler Pump- To hold hearings on certain Indian Trust Legislative recommendation of the ing Plant at Prosser Diversion Dam, Corporation activities. American Legion. Washington; S. 2396, to authorize the SR–485 345 Cannon Building

VerDate 272000 07:14 May 04, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\M03MY8.000 pfrm04 PsN: E03PT1 Wednesday May 3, 2000 Daily Digest Senate General John A. Gordon, United States Air Force, Chamber Action to be Under Secretary for Nuclear Security, Depart- Routine Proceedings, pages S3275–S3451 ment of Energy. (New Position) Measures Introduced: Four bills and one resolution Marc B. Nathanson, of California, to be a Member were introduced, as follows: S. 2499–2502, and S. of the Broadcasting Board of Governors for a term expiring August 13, 2001. (Reappointment) Res. 302. Page S3328 Marc B. Nathanson, of California, to be Chairman Measures Reported: Reports were made as follows: of the Broadcasting Board of Governors. (New Posi- S. 1509, to amend the Indian Employment, Train- tion) ing, and Related Services Demonstration Act of Barbara J. Sapin, of Maryland, to be a Member of 1992, to emphasize the need for job creation on In- the Merit Systems Protection Board for the term of dian reservations, with amendments. (S. Rept. No. seven years expiring March 1, 2007. 106–277) Dennis M. Cavanaugh, of New Jersey, to be S. 2340, to direct the National Institute of Stand- United States District Judge for the District of New ards and Technology to establish a program to sup- Jersey. Pages S3450±51 port research and training in methods of detecting Messages From the House: Page S3326 the use of performance-enhancing substances by ath- Measures Referred: Page S3326 letes, with amendments. (S. Rept. No. 106–278) Pages S3326±27 Pages S3327±28 Communications: Elementary and Secondary Reauthorization: Sen- Statements on Introduced Bills: Pages S3328±31 ate continued consideration of S. 2, to extend pro- Additional Cosponsors: Pages S3331±32 grams and activities under the Elementary and Sec- Amendments Submitted: Pages S3333±S3449 ondary Education Act of 1965, taking action on the Notices of Hearings: Page S3449 following amendments proposed thereto: Pages S3284±S3322 Authority for Committees: Page S3449 Adopted: Additional Statements: Pages S3325±26 By a unanimous vote of 98 yeas (Vote No. 89), Privileges of the Floor: Pages S3449±50 Gorton Amendment No. 3110, to strengthen the Academic Achievement for All Demonstration Act Record Votes: Two record votes were taken today. (Total—90) Pages S3321±22 (Straight A’s Act). Pages S3284±92, S3321±22 Rejected: Adjournment: Senate convened at 9:34 a.m., and By 45 yeas to 54 nays (Vote No. 90), Daschle adjourned at 7:03 p.m., until 9:45 a.m., on Thurs- Amendment No. 3111, of a perfecting nature. day, May 4, 2000. (For Senate’s program, see the re- Pages S3292±S3322 marks of the Acting Majority Leader in today’s A unanimous-consent agreement was reached pro- Record on page S3450.) viding for further consideration of the bill on Thurs- day, May 4, 2000. Page S3450 Committee Meetings Nominations Received: Senate received the fol- (Committees not listed did not meet) lowing nominations: Katherine Milner Anderson, of Virginia, to be a APPROPRIATIONS—DEFENSE Member of the Board of Directors of the Corporation Committee on Appropriations: Subcommittee on Defense for Public Broadcasting for a term expiring January concluded hearings on proposed budget estimates for 31, 2006. (Reappointment) fiscal year 2001 for the Department of Defense, after receiving testimony from numerous public witnesses. D415

VerDate 27-APR-2000 07:01 May 04, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY0.REC pfrm04 PsN: D03MY0 D416 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2000 AUTHORIZATION—DEFENSE ney E. Slater, Secretary, and Kenneth M. Mead, In- Committee on Armed Services: Committee met in closed spector General, both of the Department of Trans- session to mark up proposed legislation authorizing portation; Andrew S. Natsios, Massachusetts Turn- funds for fiscal year 2001 for military activities of pike Authority, Matthew Wiley, Bechtel/Parsons the Department of Defense, but did not complete ac- Brinckeroff Joint Venture, and Richard A. Dimino, tion thereon, and will meet again tomorrow. Artery Business Committee, all of Boston, Massachu- setts; and Richard L. Thomas, American Inter- AUTHORIZATION—DEFENSE national Group Companies, Inc., New York, New Committee on Armed Services: Subcommittee on Airland York. approved for full committee consideration those pro- CAMPAIGN FINANCE REFORM visions, which fall within the jurisdiction of the subcommittee, of proposed legislation authorizing ap- Committee on Rules and Administration: Committee re- propriations for fiscal year 2001 for military activi- sumed hearings on campaign finance reform issues, ties of the Department of Defense. focusing on Internet political speech, and S. 1747, to amend the Federal Election Campaign Act of 1971 AUTHORIZATION—DEFENSE to exclude certain Internet communications from the Committee on Armed Services: Subcommittee on definition of expenditure, after receiving testimony SeaPower approved for full committee consideration from Senators Bennett and Burns; and David M. those provisions, which fall within the jurisdiction of Mason and Karl J. Sandstrom, both Commissioners, the subcommittee, of proposed legislation author- Federal Election Commission. izing appropriations for fiscal year 2001 for military Hearings resume on Wednesday, May 17. activities of the Department of Defense. BUSINESS MEETING AUTHORIZATION—DEFENSE Committee on Indian Affairs: Committee ordered favor- Committee on Armed Services: Subcommittee on Stra- ably reported the following bills: tegic approved for full committee consideration those H.R. 2484, to provide that land which is owned provisions, which fall within the jurisdiction of the by the Lower Sioux Indian Community in the State subcommittee, of proposed legislation authorizing of Minnesota but which is not held in trust by the appropriations for fiscal year 2001 for military ac- United States for the Community may be leased or tivities of the Department of Defense. transferred by the Community without further approval by the United States; BOSTON CENTRAL ARTERY/TUNNEL S. 1967, to make technical corrections to the sta- PROJECT tus of certain land held in trust for the Mississippi Committee on Commerce, Science, and Transportation: Band of Choctaw Indians, to take certain land into Committee concluded hearings to examine issues trust for that Band; and dealing with the Boston Central Artery/Tunnel S. 1929, to amend the Native Hawaiian Health project, focusing on mismanagement, federal over- Care Improvement Act to revise and extend such sight, cost overruns, and outstanding federal finan- Act, with an amendment in the nature of a sub- cial obligation, after receiving testimony from Rod- stitute.

VerDate 27-APR-2000 07:01 May 04, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY0.REC pfrm04 PsN: D03MY0 May 3, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D417 House of Representatives Congratulating the People of Senegal on Their Chamber Action Elections: H. Res. 449, congratulating the people of Bills Introduced: 11 public bills, H.R. 4365–4375; Senegal on the success of the multi-party electoral and 2 resolutions, H. Con. Res. 315–316, were in- process; Pages H2432±33 troduced. Page H2511 Sierra Leone Peace Support: H.R. 3879, amend- Reports Filed: Reports were filed today as follows: ed, to support the Government of the Republic of H.R. 1523, to establish mandatory procedures to Sierra Leone in its peace-building efforts; be followed by the Forest Service and the Bureau of Pages H2428±32 Land Management in advance of the permanent closure of any forest road so as to ensure local public Continued Submission of Endangered Species participation in the decisionmaking process, amend- Reports: Debated on May 2, S. 1744, to amend the ed (H. Rept. 106–604, Pt. 1) and Endangered Species Act of 1973 to provide that cer- H. Res. 488, waiving a requirement of clause 6(a) tain species conservation reports shall continue to be of rule XIII with respect to consideration of a certain submitted (passed by a yea and nay vote of 420 yeas resolution reported from the Committee on Rules with none voting ‘‘nay’’, Roll No. 135)—clearing (H. Rept. 106–605). Page H2511 the measure for the President; Page H2435 Speaker Pro Tempore: Read a letter from the Memorial Honoring Disabled Veterans: Debated Speaker wherein he designated Representative Gut- on May 2, H.R. 1509, to authorize the Disabled knecht to act as Speaker pro tempore for today. Veterans’ LIFE Memorial Foundation to establish a Page H2413 memorial in the District of Columbia or its environs Guest Chaplain: The prayer was offered by the to honor veterans who became disabled while serving guest Chaplain, Rabbi Israel Zoberman of Virginia in the Armed Forces of the United States (passed by Beach, Virginia. Page H2413 a yea and nay vote of 421 yeas with none voting Suspensions: The House agreed to suspend the rules ‘‘nay’’, Roll No. 136); Pages H2435±36 and pass the following measures: Commending Charter Schools: Debated on May Continued Human Rights Violations and Polit- 2, H. Con. Res. 310, supporting a National Charter ical Oppression in Vietnam: H. Con. Res. 295, Schools Week (agreed to by a yea and nay vote of amended, relating to continuing human rights viola- 397 yeas to 20 nays, Roll No. 137); Pages H2436±37 tions and political oppression in the Socialist Repub- Worker Economic Opportunity: S. 2323, to lic of Vietnam 25 years after the fall of South Viet- amend the Fair Labor Standards Act of 1938 to clar- nam to Communist forces (agreed to by a yea and ify the treatment of stock options under the Act— nay vote of 415 yeas to 3 nays, Roll No. 133) clearing the measure for the President (passed by a Pages H2417±22, H2433±34 yea and nay vote of 421 yeas with none voting International Recognition of Israel’s Magen ‘‘nay’’, Roll No. 139); Pages H2437±49, H2467 David Adom Society: H. Res. 464, expressing the IDEA Full Funding: H.R. 4055, to authorize sense of Congress on international recognition of appropriations for part B of the Individuals with Israel’s Magen David Adom Society and its symbol, Disabilities Education Act to achieve full funding for the Red Shield of David; Pages H2422±25 part B of that Act by 2010 (passed by a yea and nay Human Rights Violations in Belarus: H. Con. vote of 421 yeas to 3 nays, Roll No. 140); Res. 304, expressing the condemnation of the con- Pages H2449±57, H2467±68 tinued egregious violations of human rights in the Designating the Pamela B. Gwin Hall Federal Republic of Belarus, the lack of progress toward the Building: H.R. 1729, to designate the Federal facil- establishment of democracy and the rule of law in ity located at 1301 Emmet Street in Charlottesville, Belarus, calling on President Alyaksandr Lukashen- ka’s regime to engage in negotiations with the rep- Virginia, as the ‘‘Pamela B. Gwin Hall.’’ resentatives of the opposition and to restore the con- Pages H2457±58 stitutional rights of the Belarusian people, and call- Designating the Donald J. Pease Federal Build- ing on the Russian Federation to respect the sov- ing: H.R. 1405, to designate the Federal building ereignty of Belarus (agreed to by a yea and nay vote located at 143 West Liberty Street, Medina, Ohio, of 409 yeas to 2 nays with 2 voting ‘‘present’’, Roll as the ‘‘Donald J. Pease Federal Building’’; and No. 134); Pages H2425±28, H2434±35 Pages H2458±59

VerDate 27-APR-2000 07:01 May 04, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY0.REC pfrm04 PsN: D03MY0 D418 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2000 Designating the Kika de la Garza United States Adjournment: The House met at 10:00 a.m. and Border Station: H.R. 1901, to designate the United adjourned at 10:54 p.m. States border station located in Pharr, Texas, as the ‘‘Kika de la Garza United States Border Station’’ Committee Meetings (passed by a yea and nay vote of 417 yeas to 1 nay, LEGISLATIVE APPROPRIATIONS Roll No. 141). Pages H2459±61, H2468±69 Lake Pontchartrain Basin Restoration Act: The Committee on Appropriations: Subcommittee on Legisla- tive approved for full Committee action the Legisla- House passed H.R. 2957, to amend the Federal tive Appropriations for fiscal year 2001. Water Pollution Control Act to authorize funding to carry out certain water quality restoration projects BANK RESERVES MODERNIZATION ACT for Lake Pontchartrain Basin, Louisiana by a yea and Committee on Banking and Financial Services: Held a nay vote of 418 yeas to 6 nays, Roll No. 138. hearing on H.R. 4209, Bank Reserves Modernization Pages H2462±67 Act of 2000. Testimony was heard from Laurence H. Agreed to the Committee amendment in the na- Meyer, member, Board of Governors, Federal Reserve ture of a substitute made in order by the rule. System; Gary Gensler, Under Secretary, Domestic Fi- Page H2466 nance, Department of the Treasury; and public wit- Agreed to the Traficant amendment, as modified, nesses. that expresses the Sense of the Congress that grant INTERNET MEASURES recipients abide by provisions of the Buy American Act and requires the Administrator of the EPA to Committee on Commerce: Subcommittee on Tele- give notice of the Acts’ requirements to grant appli- communications, Trade, and Consumer Protection held a hearing on the following bills: H.R. 4202, cants. Pages H2465±66 Internet Services Promotion Act of 2000; and H.R. Earlier, the House agreed to H. Res. 484, the rule 1291, Internet Access Charge Prohibition Act of that provided for consideration of the bill. 1999. Testimony was heard from Representative Pages H2461±62 Upton; and public witnesses. Use of Capitol Grounds for Earth Force Youth OPEN SHOPS—21ST CENTURY WORKPLACE Bike Summit: H. Con. Res. 314, authorizing the use of the Capitol Grounds for a bike rodeo to be Committee on Education and the Workforce: Sub- conducted by the Earth Force Youth Bike Summit. committee on Oversight and Investigations held a Page H2469 hearing on Open Shops in the 21st Century Work- place. Testimony was heard from Representative Africa Free Trade: The House disagreed with the Goodlatte; Mark Paschall, Representative, State of Senate amendment to H.R. 434, to authorize a new Colorado; and public witnesses. trade and investment policy for sub-Sahara Africa and agreed to a conference. Subsequently appointed FAIR LABOR STANDARDS ACT—WHITE as conferees: From the Committee on International COLLAR EXEMPTIONS—MODERN Relations, Chairman Gilman and Representatives WORKPLACE Royce and Gejdenson; from the Committee on Ways Committee on Education and the Workplace: Sub- and Means, Chairman Archer and Representatives committee on Workforce Protections held a hearing Crane and Rangel; and as additional conferees, Rep- on the Fair Labor Standards Act: White Collar Ex- resentatives Houghton and Hoeffel. Pages H2469±70 emptions in the Modern Workplace. Testimony was heard from Cynthia M. Fagnoni, Director, Edu- Recess: The House recessed at 8:05 p.m. and recon- cation, Workforce, and Income Security Issues, vened at 10:53 p.m. Page H2590 GAO; T. Michael Kerr, Administrator, Wage and Senate Messages: Message received from the Senate Hour Division, Department of Labor; and public appears on page H2413. witnesses. Referrals: S. Con. Res. 81 was referred to the Com- ‘‘MISSING WHITE HOUSE E-MAILS: mittee on International Relations. Pages H2510±11 MISMANAGEMENT OF SUBPOENAED Quorum Calls—Votes: Nine yea and nay votes de- RECORDS’’ veloped during the proceedings of the House today Committee on Government Reform: Continued hearings and appear on pages H2433–34, H2434–35, on ‘‘White House E-Mails: Mismanagement of Sub- H2435, H2435–36, H2436–37, H2466–67, H2467, poenaed Records, Day Three’’. Testimony was heard H2467–68, and H2468–69. There were no quorum from the following officials of the Office of Adminis- calls. tration, Executive Office of the President: Michael

VerDate 27-APR-2000 07:01 May 04, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY0.REC pfrm04 PsN: D03MY0 May 3, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D419 Lyle, Director; and Karl Heissner, Branch Chief, Sys- thirds vote to consider a rule on the same day it is tems Integration and Development; and Robert reported from the Rules Committee) against certain Raben, Assistant Attorney, Legislative Affairs, De- resolutions reported from the Rules Committee. The partment of Justice. rule applies the waiver to a special rule reported on Hearings continue tomorrow. or before May 4, 2000, providing for consideration ‘‘MINIMAL PROGRESS’’—IMPLEMENTING or disposition of a conference report to accompany REFORMS TO PROTECT PEOPLE IN the bill (H.R. 434) to authorize a new trade and in- MEDICAL RESEARCH vestment policy for sub-Sahara Africa, or any amendment reported in disagreement from a conference Committee on Government Reform: Subcommittee on thereon. Criminal Justice, Drug Policy and Human Resources held a hearing on ‘‘Why Have Recommended Re- OVERSIGHT—OCEAN SHIPPING REFORM forms to Protect People Who Participate in Medical ACT Research Been Ignored?’’ Testimony was heard from Committee on Transportation and Infrastructure: Sub- the following officials of the Department of Health committee on Coast Guard and Maritime Transpor- and Human Services: George Grob, Deputy Inspec- tation held an oversight hearing on the Ocean Ship- tor General; William Raub, Deputy Assistant Sec- ping Reform Act. Testimony was heard from Harold retary, Science Policy; Gary Ellis, Acting Director, J. Creel, Jr., Chairman, Federal Maritime Commis- Office of Protection from Research Risks; and Daniel sion; Capt. Jon S. Helmick, U.S. Maritime Service, Michels, Director of Enforcement, Office of Regu- Director, Logistics and Intermodal Transportation latory Affairs, FDA; and public witnesses. Program, U.S. Merchant Marine Academy, Maritime DISCRIMINATION AGAINST WOMEN— Administration, Department of Transportation; and INTERNATIONAL EFFORTS TO END public witnesses. Committee on International Relations: Held a hearing on U.S.-CHINA BILATERAL TRADE International Efforts to End Discrimination Against AGREEMENT—ACCESSION OF CHINA TO Women. Testimony was heard from Representatives THE WTO Maloney of New York; Woolsey; and Morella; and Committee on Ways and Means: Concluded hearings on Theresa Loar, Director, The President’s Interagency the U.S.-China Bilateral Trade Agreement and the Council on Women, Department of State. Accession of China to the WTO. Testimony was heard from Representative Wolf; Lawrence H. Sum- MISCELLANEOUS MEASURES mers, Secretary of the Treasury; Dan Glickman, Sec- Committee on Resources: Subcommittee on Forests and retary of Agriculture; William M. Daley, Secretary of Forest Health held a hearing on the following bills: Commerce; Ambassador Charlene Barshefsky, U.S. S. 439, to amend the National Forest and Public Trade Representative; Elliott Abrams, Commissioner, Lands of Nevada Enhancement Act of 1988 to adjust United States Commission on International Religious the boundary of the Toiyabe National Forest, Ne- Freedom; Robert E. Rubin, former Secretary of the vada; S. 1374, Jackson Multi-Agency Campus Act of Treasury; and public witnesses. 1999; H.R. 3657, to provide for the conveyance of a small parcel of public domain land in the San IRAQ Bernardino National Forest in the State of California; Permanent Select Committee on Intelligence: Met in execu- H.R. 3817, to redesignate the Big South Trail in the tive session to hold a hearing on Iraq. Testimony Comanche Park Wilderness Area of Roosevelt Na- was heard from departmental witnesses. tional Forest in Colorado as the ‘‘Jaryd Atadero Leg- acy Trail’’; and H.R. 4226, Black Hills National Joint Meetings Forest and Rocky Mountain Research Station Im- IRS REFORM provement Act. Testimony was heard from Rep- resentatives Bryan, Gibbons, Cubin, Thune, Joint Committee on Taxation: Committee concluded Tancredo and Bono; and James R. Furnish, Deputy hearings to examine the strategic plans and fiscal Chief, Forest Service, USDA. year 2001 budget of the Internal Revenue Service, focusing on the progress and problems in imple- WAIVING TWO-THIRDS REQUIREMENT menting the IRS Restructuring and Reform Act of FOR SAME DAY CONSIDERATION OF 1998, after receiving testimony from Charles O. RESOLUTION REPORTED BY THE Rossotti, Commissioner, and W. Val Oveson, Na- COMMITTEE ON RULES tional Taxpayer Advocate, both of the Internal Rev- Committee on Rules: Granted, by voice vote, a rule enue Service, and David C. Williams, Inspector Gen- waiving clause 6(a) of rule XIII (requiring a two- eral for Tax Administration, all of the Department

VerDate 27-APR-2000 07:01 May 04, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY0.REC pfrm04 PsN: D03MY0 D420 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2000 of the Treasury; and James R. White, Director, Tax and the nomination of Robert W. Baker, of Texas, to be Policy and Administration Issues, General Govern- a Member of the Federal Aviation Management Advisory ment Division, General Accounting Office. Council, 9:30 a.m., SR–253. Committee on Energy and Natural Resources: Subcommittee f on Forests and Public Land Management, to hold over- COMMITTEE MEETINGS FOR THURSDAY, sight hearings on the United States Forest Service’s use of current and proposed stewardship contracting proce- MAY 4, 2000 dures, including authorities under section 347 of the FY (Committee meetings are open unless otherwise indicated) 1999 omnibus appropriations act, and whether these procedures could be improved to assist forest management Senate activities to meet goals of ecosystem management, res- Committee on Agriculture, Nutrition, and Forestry: Sub- toration, and employment opportunities on public lands, committee on Production and Price Competitiveness, to 2:30 p.m., SD–366. hold hearings to examine carbon cycle research and agri- Committee on Finance: to hold hearings to examine the culture’s role in mitigating greenhouse gases, 2 p.m., health care financing administration’s role and readiness SR–328A. in Medicare reform, 9:30 a.m., SD–215. Committee on Appropriations: Subcommittee on VA, Committee on Foreign Relations: Subcommittee on Near HUD, and Independent Agencies, to hold hearings on Eastern and South Asian Affairs, to hold hearings to ex- proposed budget estimates for fiscal year 2001 for the amine U.S. foreign policy toward Libya, 10 a.m., National Science Foundation and Office of Science and SD–419. Technology, 9:30 a.m., SD–138. Committee on Governmental Affairs: Subcommittee on Full Committee, business meeting to consider sub- Oversight of Government Management, Restructuring committee allocations of budget outlays and new budget and the District of Columbia, to hold hearings to exam- authority allocated to the committee in H. Con. Res. ine the activities of the National Partnership for Rein- 290, establishing the congressional budget for the United venting Government for the last seven years, including States Government for fiscal year 2001, revising the con- changes to government management and programs that gressional budget for the United States Government for were proposed and implemented, 10 a.m., SD–342. fiscal year 2000, and setting forth appropriate budgetary Committee on the Judiciary: Subcommittee on Immigra- levels for each of fiscal years 2002 through 2005, 11 tion, to hold hearings on the proposed Agricultural Job a.m., S–128, Capitol. Opportunity Benefits and Security Act of 1999, 2 p.m., Subcommittee on Agriculture, Rural Development, and SD–226. Related Agencies, business meeting to mark up proposed legislation making appropriations for Agriculture, Rural House Development, Food and Drug Administration, and Re- Committee on Appropriations, Subcommittee on Agri- lated Agencies for the fiscal year ending September 30, culture, Rural Development, Food and Drug Administra- 2001, 2:30 p.m., SD–138. tion, and Related Agencies, to mark up fiscal year 2001 Committee on Armed Services: closed business meeting to appropriations, 10 a.m., 2362 Rayburn. mark up proposed legislation authorizing appropriations Committee on Armed Services, Subcommittee on Military for fiscal year 2001 for military activities of the Depart- Personnel, to mark up H.R. 4205, National Defense Au- ment of Defense, 9:30 a.m., SR–222. thorization Act for Fiscal Year 2001, 2 p.m., 2118 Ray- Full Committee, closed business meeting to mark up burn. proposed legislation authorizing appropriations for fiscal Subcommittee on Military Readiness, to mark up H.R. year 2001 for military activities of the Department of De- 4205, National Defense Authorization Act for Fiscal Year fense, 2 p.m., SR–222. 2001, 11 a.m., 2212 Rayburn. Committee on Commerce, Science, and Transportation: to Committee on Banking and Financial Services, Sub- hold hearings on the nomination of Debbie D. Branson, committee on Financial Institutions and Consumer Cred- of Texas, to be a Member of the Federal Aviation Man- it, hearing on the Fair Credit Reporting Act and its ap- agement Advisory Council; the nomination of Edward M. plication to employers investigating alleged employee Bolen, of Maryland, to be a Member of the Federal Avia- misconduct and on H.R. 3408, Fair Credit Reporting tion Management Advisory Council; the nomination of Amendments Act of 1999, 10 a.m., 2128 Rayburn. Geoffrey T. Crowley, of Wisconsin, to be a Member of Committee on Commerce, Subcommittee on Finance and the Federal Aviation Management Advisory Council; the Hazardous Materials, hearing on ‘‘Accounting for Busi- nomination of J. Randolph Babbitt, of Virginia, to be a ness Combinations: Should Pooling Be Eliminated?’’ 10 Member of the Federal Aviation Management Advisory a.m., 2123 Rayburn. Council; the nomination of Kendall W. Wilson, of the Committee on Education and the Workforce, Subcommittee District of Columbia, to be a Member of the Federal on Early Childhood, Youth, and Families, hearing on Op- Aviation Management Advisory Council; the nomination tions for the Future of OERI, 9:30 a.m., 2175 Rayburn. of Phil Boyer, of Maryland, to be a Member of the Fed- Committee on Government Reform, to continue hearings on eral Aviation Management Advisory Council; the nomina- ‘‘White House E-Mails: Mismanagement of Subpoenaed tion of Robert A. Davis, of Washington, to be a Member Records, Day Three and Day Four’’, 10 a.m., 2154 Ray- of the Federal Aviation Management Advisory Council; burn.

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Committee on International Relations, to mark up the fol- ment Council, to clarify allocation of the annual tribal lowing: H. Con. Res. 251, commending the Republic of catch, 2 p.m., 1324 Longworth. Croatia for the conduct of its parliamentary and presi- Subcommittee on National Parks and Public Lands, dential elections; H.R. 4249, Cross-Border Cooperation hearing on the following bills: H.R. 1751, Carrizo Plain and Environmental Safety in Northern Europe Act of National Conservation Act of 1999; and H.R. 4115, to 2000; and H.R. 4118, Russian-American Trust and Co- authorize appropriations for the United States Holocaust operation Act of 2000, 10 a.m., 2172 Rayburn. Memorial Museum, 10 a.m., 1324 Longworth. Committee on the Judiciary, to mark up H.R. 3709, Committee on Small Business, Subcommittee on Tax, Fi- Internet Nondiscrimination Act, 9:30 a.m., 2141 Ray- nance, and Exports, hearing on ‘‘Making the Work Op- burn. portunity Tax Credit a Success for Small Business, ‘‘ fo- Subcommittee on Commercial and Administrative Law, cusing on H.R. 2101, Work Opportunity Tax Credit Re- hearing on H.R. 3489, Wireless Telecommunications Sourcing and Privacy Act, 1 p.m., 2237 Rayburn. form and Improvement Act of 1999, 10 a.m., 2360 Ray- Committee on Resources, Subcommittee on Energy and burn. Mineral Resources, oversight hearing to examine the laws, Committee on Transportation and Infrastructure, Sub- policies, practices, and operations of the Department of committee on Oversight, Investigations, and Emergency the Interior, Department of Energy, and other agencies Management, hearing on H.R. 4210, Preparedness pertaining to payments to their employees, including Against Terrorism Act of 2000, 1:30 p.m., 2167 Ray- payments relative to mineral royalty programs and poli- burn. cies from public lands and Indian lands, 10 a.m., 1334 Committee on Ways and Means, Subcommittee on Social Longworth. Security, hearing on Social Security representative payees, Subcommittee on Fisheries Conservation, Wildlife and 10 a.m., B–318 Rayburn. Oceans, hearing on H.R. 2875, to amend the Klamath Permanent Select Committee on Intelligence, executive, hear- River Basin Fishery Resources Restoration Act to provide ing on State Department Security and Counterintelligence for tribal representation on the Klamath Fishery Manage- Practices, 2 p.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of theHOUSE OF REPRESENTATIVES 9:45 a.m., Thursday, May 4 10 a.m., Thursday, May 4

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of the conference ation of S. 2, Elementary and Secondary Education Reau- report on H.R. 434, African Growth and Opportunity thorization. Act (rule waiving point of order); Consideration of H.R. 673, Florida Keys Water Qual- ity Improvements Act (open rule, one hour of debate); and Consideration of H.R. 1106, Alternative Water Sources Act. (Open rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Kanjorski, Paul E., Pa., E629 Rothman, Steven R., N.J., E623 Kleczka, Gerald D., Wisc., E625 Sanders, Bernard, Vt., E625, E627 Ackerman, Gary L., N.Y., E618 Lantos, Tom, Calif., E622 Shaw, E. Clay, Jr., Fla., E621 Barr, Bob, Ga., E626 McCarthy, Carolyn, N.Y., E620, E622 Sherman, Brad, Calif., E617, E618, E620 Biggert, Judy, Ill., E619 McIntosh, David M., Ind., E621, E624 Shimkus, John, Ill., E626 Carson, Julia, Ind., E618 McIntyre, Mike, N.C., E618 Sweeney, John E., N.Y., E623 Combest, Larry, Tex., E626, E627, E628 Miller, Gary G., Calif., E619 Taylor, Charles H., N.C., E629 Davis, Thomas M., Va., E620 Morella, Constance A., Md., E625 Udall,´ Mark, Colo., E630 DeLauro, Rosa L., Conn., E617, E626 Myrick, Sue Wilkins, N.C., E621, E623 Velazquez, Nydia M., N.Y., E629 Eshoo, Anna G., Calif., E624, E628 Nadler, Jerrold, N.Y., E623, E628 Visclosky, Peter J., Ind., E625, E627 Gejdenson, Sam, Conn., E623 Ortiz, Solomon P., Tex., E625 Waxman, Henry A., Calif., E624 Gilman, Benjamin A., N.Y., E617, E618 Pelosi, Nancy, Calif., E624 Whitfield, Ed, Ky., E619 John, Christopher, La., E630 Phelps, David D., Ill., E625

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